Full Text of HB1038 98th General Assembly
HB1038 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB1038 Introduced , by Rep. Michael W. Tryon SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Vehicle Code. Provides that the provisions relating to special speed limits while traveling through a highway construction or maintenance speed zone apply only when workers are present in the construction or maintenance speed zone. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Section 11-605.1 as follows: | 6 | | (625 ILCS 5/11-605.1) | 7 | | Sec. 11-605.1. Special limit while traveling through a | 8 | | highway construction or maintenance speed zone. | 9 | | (a) A person may not operate a motor vehicle in a | 10 | | construction or maintenance speed zone at a speed in excess of | 11 | | the posted speed limit.
| 12 | | (b) Nothing in this Chapter prohibits the use of electronic | 13 | | speed-detecting devices within 500 feet of signs within a | 14 | | construction or maintenance speed zone indicating the zone, as | 15 | | defined in this Section, nor shall evidence obtained by use of | 16 | | those devices be inadmissible in any prosecution for speeding, | 17 | | provided the use of the device shall apply only to the | 18 | | enforcement of the speed limit in the construction or | 19 | | maintenance speed zone.
| 20 | | (c) As used in this Section, a "construction or maintenance | 21 | | speed zone" is an area in which the Department, Toll Highway | 22 | | Authority, or local agency has posted signage advising drivers | 23 | | that a construction or maintenance speed zone is being |
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| 1 | | approached, or in which the Department, Authority, or local | 2 | | agency has posted a lower speed limit with a highway | 3 | | construction or maintenance speed zone special speed limit sign | 4 | | after determining that the preexisting established speed limit | 5 | | through a highway construction or maintenance project is | 6 | | greater than is reasonable or safe with respect to the | 7 | | conditions expected to exist in the construction or maintenance | 8 | | speed zone. | 9 | | If it is determined that the preexisting established speed | 10 | | limit is safe with respect to the conditions expected to exist | 11 | | in the construction or maintenance speed zone, additional speed | 12 | | limit signs which conform to the requirements of this | 13 | | subsection (c) shall be posted. | 14 | | Highway construction or maintenance speed zone special | 15 | | speed limit signs shall be of a design approved by the | 16 | | Department. The signs must give proper due warning that a | 17 | | construction or maintenance speed zone is being approached and | 18 | | must indicate the maximum speed limit in effect. The signs also | 19 | | must state the amount of the minimum fine for a violation.
| 20 | | (d) A first violation of this Section is a petty offense | 21 | | with a minimum fine of $250. A second or subsequent violation | 22 | | of this Section is a petty offense with a minimum fine of $750. | 23 | | (e) If a fine for a violation of this Section is $250 or | 24 | | greater, the person who violated this Section shall be charged | 25 | | an additional $125, which shall be deposited into the | 26 | | Transportation Safety Highway Hire-back Fund in the State |
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| 1 | | treasury, unless (i) the violation occurred on a highway other | 2 | | than an interstate highway and (ii) a county police officer | 3 | | wrote the ticket for the violation, in which case the $125 | 4 | | shall be deposited into that county's Transportation Safety | 5 | | Highway Hire-back Fund. In the case of a second or subsequent | 6 | | violation of this Section, if the fine is $750 or greater, the | 7 | | person who violated this Section shall be charged an additional | 8 | | $250, which shall be deposited into the Transportation Safety | 9 | | Highway Hire-back Fund in the State treasury, unless (i) the | 10 | | violation occurred on a highway other than an interstate | 11 | | highway and (ii) a county police officer wrote the ticket for | 12 | | the violation, in which case the $250 shall be deposited into | 13 | | that county's Transportation Safety Highway Hire-back Fund.
| 14 | | (e-5) The Department of State Police and the local county | 15 | | police department have concurrent jurisdiction over any | 16 | | violation of this Section that occurs on an interstate highway.
| 17 | | (f) The Transportation Safety Highway Hire-back Fund, | 18 | | which was created by Public Act 92-619, shall continue to be a | 19 | | special fund in the State treasury. Subject to appropriation by | 20 | | the General Assembly and approval by the Secretary, the | 21 | | Secretary of Transportation shall use all moneys in the | 22 | | Transportation Safety Highway Hire-back Fund to hire off-duty | 23 | | Department of State Police officers to monitor construction or | 24 | | maintenance zones. | 25 | | (f-5) Each county shall create a Transportation Safety | 26 | | Highway Hire-back Fund. The county shall use all moneys in its |
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| 1 | | Transportation Safety Highway Hire-back Fund to hire off-duty | 2 | | county police officers to monitor construction or maintenance | 3 | | zones in that county on highways other than interstate | 4 | | highways.
| 5 | | (g) For a second or subsequent violation of this Section | 6 | | within 2 years of the date of the previous violation, the | 7 | | Secretary of State shall suspend the driver's license of the | 8 | | violator for a period of 90 days.
| 9 | | (h) This Section applies only when workers are present in | 10 | | the construction or maintenance speed zone. | 11 | | (Source: P.A. 97-830, eff. 1-1-13.)
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.
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