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92_HB3246enr HB3246 Enrolled LRB9204853DHmb 1 AN ACT concerning vehicles. 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 5 changing Section 11-605 as follows: 6 (625 ILCS 5/11-605) (from Ch. 95 1/2, par. 11-605) 7 Sec. 11-605. Special speed limit while passing schools or 8 while traveling through highway construction or maintenance 9 zones. 10 (a) For the purpose of this Section, "school" means the 11 following entities: 12 (1) A public or private primary or secondary 13 school. 14 (2) A primary or secondary school operated by a 15 religious institution. 16 (3) A public, private, or religious nursery school. 17 On a school day when school children are present and so 18 close thereto that a potential hazard exists because of the 19 close proximity of the motorized traffic, no person shall 20 drive a motor vehicle at a speed in excess of 20 miles per 21 hour while passing a school zone or while traveling upon any 22 public thoroughfare where children pass going to and from 23 school. 24 For the purpose of this Section a school day shall begin 25 at seven ante meridian and shall conclude at four post 26 meridian. 27 This Section shall not be applicable unless appropriate 28 signs are posted upon streets and highways under their 29 respective jurisdiction and maintained by the Department, 30 township, county, park district, city, village or 31 incorporated town wherein the school zone is located. With HB3246 Enrolled -2- LRB9204853DHmb 1 regard to the special speed limit while passing schools, such 2 signs shall give proper due warning that a school zone is 3 being approached and shall indicate the school zone and the 4 maximum speed limit in effect during school days when school 5 children are present. 6 (b) No person shall operate a motor vehicle in a 7 construction or maintenance zone at a speed in excess of the 8 posted speed limit when workers are present and so close to 9 the moving traffic that a potential hazard exists because of 10 the motorized traffic. 11 (c) Nothing in this Chapter shall prohibit the use of 12 electronic speed-detecting devices within 500 feet of signs 13 within a special school speed zone or a construction or 14 maintenance zone indicating such zone, as defined in this 15 Section, nor shall evidence obtained thereby be inadmissible 16 in any prosecution for speeding provided the use of such 17 device shall apply only to the enforcement of the speed limit 18 in such special school speed zone or a construction or 19 maintenance zone. 20 (d) For the purpose of this Section, a construction or 21 maintenance zone is an area in which the Department, Toll 22 Highway Authority, or local agency has determined that the 23 preexisting established speed limit through a highway 24 construction or maintenance project is greater than is 25 reasonable or safe with respect to the conditions expected to 26 exist in the construction or maintenance zone and has posted 27 a lower speed limit with a highway construction or 28 maintenance zone special speed limit sign. 29 Highway construction or maintenance zone special speed 30 limit signs shall be of a design approved by the Department. 31 The signs shall give proper due warning that a construction 32 or maintenance zone is being approached and shall indicate 33 the maximum speed limit in effect. The signs shall also 34 state the amount of the minimum fine for a violation when HB3246 Enrolled -3- LRB9204853DHmb 1 workers are present. 2 (e) A first violation of this Section isshall bea 3 petty offense with a minimum fine of $150. A second or 4 subsequent violation of this Section is a petty offense with 5 a minimum fine of $300. 6 (f) When a fine for a violation of subsection (a) is 7 $150 or greater, the person who violates subsection (a) shall 8 be charged an additional $50 to be paid to the unit school 9 district where the violation occurred for school safety 10 purposes. If the violation occurred in a dual school 11 district, $25 of the surcharge shall be paid to the 12 elementary school district for school safety purposes and $25 13 of the surcharge shall be paid to the high school district 14 for school safety purposes. Notwithstanding any other 15 provision of law, the entire $50 surcharge shall be paid to 16 the appropriate school district or districts. 17 For purposes of this subsection (f), "school safety 18 purposes" includes the costs associated with school zone 19 safety education and the purchase, installation, and 20 maintenance of caution lights which are mounted on school 21 speed zone signs. 22 (Source: P.A. 91-531, eff. 1-1-00.)