Full Text of HB0365 102nd General Assembly
HB0365ham001 102ND GENERAL ASSEMBLY | Rep. Nicholas K. Smith Filed: 3/9/2021
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| 1 | | AMENDMENT TO HOUSE BILL 365
| 2 | | AMENDMENT NO. ______. Amend House Bill 365 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Roadside Memorial Act is amended by | 5 | | changing Sections 5, 20, and 23.1 as follows: | 6 | | (605 ILCS 125/5)
| 7 | | Sec. 5. Purpose of the Roadside Memorial program. The | 8 | | Roadside Memorial program is intended to raise public | 9 | | awareness of traffic fatalities impaired driving by | 10 | | emphasizing the dangers while affording families an | 11 | | opportunity to remember the victims of traffic crashes | 12 | | involving impaired drivers .
| 13 | | (Source: P.A. 95-398, eff. 1-1-08.) | 14 | | (605 ILCS 125/20)
| 15 | | Sec. 20. DUI memorial markers. |
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| 1 | | (a) A DUI memorial marker erected before July 1, 2021 | 2 | | shall consist of a white on blue panel bearing the message | 3 | | "Please Don't Drink and Drive". A DUI memorial marker erected
| 4 | | on or after July 1, 2021 shall consist of a white on blue panel
| 5 | | bearing the message "Don't Drive Under the Influence". At the | 6 | | request of the qualified relative, a separate panel bearing | 7 | | the words "In Memory of (victim's name)", followed by the date | 8 | | of the crash that was the proximate cause of the loss of the | 9 | | victim's life, shall be mounted below the primary panel. This
| 10 | | amendatory Act of the 102nd General Assembly does not require
| 11 | | the removal or replacement of any memorial markers erected
| 12 | | before July 1, 2021. | 13 | | (b) A DUI memorial marker may memorialize more than one | 14 | | victim who died as a result of the same DUI-related crash. If | 15 | | one or more additional DUI crash deaths subsequently occur in | 16 | | close proximity to an existing DUI memorial marker, the | 17 | | supporting jurisdiction may use the same marker to memorialize | 18 | | the subsequent death or deaths, by adding the names of the | 19 | | additional persons. | 20 | | (c) A DUI memorial marker shall be maintained for at least | 21 | | 2 years from the date the last person was memorialized on the | 22 | | marker. | 23 | | (d) The supporting jurisdiction has the right to install a | 24 | | marker at a location other than the location of the crash or to | 25 | | relocate a marker due to restricted room, property owner | 26 | | complaints, interference with essential traffic control |
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| 1 | | devices, safety concerns, or other restrictions. In such | 2 | | cases, the sponsoring jurisdiction may select an alternate | 3 | | location. | 4 | | (e) The Department shall secure the consent of any | 5 | | municipality before placing a DUI memorial marker within the | 6 | | corporate limits of the municipality. | 7 | | (f) A fee in an amount to be determined by the supporting | 8 | | jurisdiction may be paid in whole or in part from the Roadside | 9 | | Memorial Fund if moneys are made available by the Department | 10 | | of Transportation from that Fund or may be charged to the | 11 | | qualified relative to the extent moneys from that Fund are not | 12 | | made available. The fee shall not exceed the costs associated | 13 | | with the fabrication, installation, and maintenance of the DUI | 14 | | memorial marker.
| 15 | | (Source: P.A. 95-398, eff. 1-1-08; 96-667, eff. 8-25-09.) | 16 | | (605 ILCS 125/23.1) | 17 | | Sec. 23.1. Fatal accident memorial marker program. | 18 | | (a) The fatal accident memorial marker program is intended | 19 | | to raise public awareness of traffic fatalities caused by | 20 | | reckless driving or other means by emphasizing the dangers | 21 | | while affording families an opportunity to remember the | 22 | | victims of traffic crashes involving reckless drivers . | 23 | | (b) As used in this Section, "fatal accident memorial | 24 | | marker" means a marker on a highway in this State | 25 | | commemorating one or more persons who died as a proximate |
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| 1 | | result of a crash caused by a driver who committed an act of | 2 | | reckless homicide in violation of Section 9-3 or 9-3.2 of the | 3 | | Criminal Code of 1961 or the Criminal Code of 2012 or who | 4 | | otherwise caused the death of one or more persons through the | 5 | | operation of a motor vehicle. | 6 | | (c) For purposes of the fatal accident memorial marker | 7 | | program in this Section, the provisions of Section 15 of this | 8 | | Act applicable to DUI memorial markers shall apply the same to | 9 | | fatal accident memorial markers. | 10 | | (d) A fatal accident memorial marker shall consist of a | 11 | | white on blue panel bearing the message "Reckless Driving | 12 | | Costs Lives" if the victim or victims died as a proximate | 13 | | result of a crash caused by a driver who committed an act of | 14 | | reckless homicide in violation of Section 9-3 or 9-3.2 of the | 15 | | Criminal Code of 1961 or the Criminal Code of 2012. Otherwise, | 16 | | a fatal accident memorial marker shall consist of a white on | 17 | | blue panel bearing the message "Drive With Care" . At the | 18 | | request of the qualified relative, a separate panel bearing | 19 | | the words "In Memory of (victim's name)", followed by the date | 20 | | of the crash that was the proximate cause of the loss of the | 21 | | victim's life, shall be mounted below the primary panel. | 22 | | (e) A fatal accident memorial marker may memorialize more | 23 | | than one victim who died as a result of the same crash. If one | 24 | | or more additional deaths subsequently occur in close | 25 | | proximity to an existing fatal accident memorial marker, the | 26 | | supporting jurisdiction may use the same marker to memorialize |
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| 1 | | the subsequent death or deaths, by adding the names of the | 2 | | additional persons. | 3 | | (f) A fatal accident memorial marker shall be maintained | 4 | | for at least 2 years from the date the last person was | 5 | | memorialized on the marker. | 6 | | (g) The supporting jurisdiction has the right to install a | 7 | | marker at a location other than the location of the crash or to | 8 | | relocate a marker due to restricted room, property owner | 9 | | complaints, interference with essential traffic control | 10 | | devices, safety concerns, or other restrictions. In these | 11 | | cases, the sponsoring jurisdiction may select an alternate | 12 | | location. | 13 | | (h) The Department shall secure the consent of any | 14 | | municipality before placing a fatal accident memorial marker | 15 | | within the corporate limits of the municipality. | 16 | | (i) A fee in an amount to be determined by the supporting | 17 | | jurisdiction shall be charged to the qualified relative. The | 18 | | fee shall not exceed the costs associated with the | 19 | | fabrication, installation, and maintenance of the fatal | 20 | | accident memorial marker. | 21 | | (j) The provisions of this Section shall apply to any | 22 | | fatal accident marker constructed on or after January 1, 2013.
| 23 | | (Source: P.A. 98-334, eff. 8-13-13.) | 24 | | Section 10. The DUI Prevention and Education Commission | 25 | | Act is amended by changing Section 20 as follows: |
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| 1 | | (625 ILCS 70/20)
| 2 | | Sec. 20. DUI Prevention and Education Fund; transfer of | 3 | | funds. | 4 | | (a) The DUI Prevention and Education Fund is created as a | 5 | | special fund in the State treasury. Subject to appropriation, | 6 | | all moneys in the DUI Prevention and Education Fund shall be | 7 | | distributed by the Department of Transportation with guidance | 8 | | from the DUI Prevention and Education Commission as grants for | 9 | | crash victim programs and materials, impaired driving | 10 | | prevention programs, law enforcement support, and other | 11 | | DUI-related programs. | 12 | | (b) As soon as practical after the effective date of this | 13 | | Act, the State Comptroller shall direct and the State | 14 | | Treasurer shall transfer any remaining balance in excess of | 15 | | $30,000 from the Roadside Memorial Fund to the DUI Prevention | 16 | | and Education Fund. Starting in 2021 and continuing every year
| 17 | | after, the cash balance in the Roadside Memorial Fund on June
| 18 | | 30 shall be transferred to the DUI Prevention and Education | 19 | | Fund as soon as practical.
| 20 | | (Source: P.A. 101-196, eff. 1-1-20 .)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.".
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