98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB1038

 

Introduced , by Rep. Michael W. Tryon

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-605.1

    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

 

HB1038LRB098 03828 MLW 33844 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 11-605.1 as follows:
 
6    (625 ILCS 5/11-605.1)
7    Sec. 11-605.1. Special limit while traveling through a
8highway construction or maintenance speed zone.
9    (a) A person may not operate a motor vehicle in a
10construction or maintenance speed zone at a speed in excess of
11the posted speed limit.
12    (b) Nothing in this Chapter prohibits the use of electronic
13speed-detecting devices within 500 feet of signs within a
14construction or maintenance speed zone indicating the zone, as
15defined in this Section, nor shall evidence obtained by use of
16those devices be inadmissible in any prosecution for speeding,
17provided the use of the device shall apply only to the
18enforcement of the speed limit in the construction or
19maintenance speed zone.
20    (c) As used in this Section, a "construction or maintenance
21speed zone" is an area in which the Department, Toll Highway
22Authority, or local agency has posted signage advising drivers
23that a construction or maintenance speed zone is being

 

 

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1approached, or in which the Department, Authority, or local
2agency has posted a lower speed limit with a highway
3construction or maintenance speed zone special speed limit sign
4after determining that the preexisting established speed limit
5through a highway construction or maintenance project is
6greater than is reasonable or safe with respect to the
7conditions expected to exist in the construction or maintenance
8speed zone.
9    If it is determined that the preexisting established speed
10limit is safe with respect to the conditions expected to exist
11in the construction or maintenance speed zone, additional speed
12limit signs which conform to the requirements of this
13subsection (c) shall be posted.
14    Highway construction or maintenance speed zone special
15speed limit signs shall be of a design approved by the
16Department. The signs must give proper due warning that a
17construction or maintenance speed zone is being approached and
18must indicate the maximum speed limit in effect. The signs also
19must state the amount of the minimum fine for a violation.
20    (d) A first violation of this Section is a petty offense
21with a minimum fine of $250. A second or subsequent violation
22of 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
24greater, the person who violated this Section shall be charged
25an additional $125, which shall be deposited into the
26Transportation Safety Highway Hire-back Fund in the State

 

 

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1treasury, unless (i) the violation occurred on a highway other
2than an interstate highway and (ii) a county police officer
3wrote the ticket for the violation, in which case the $125
4shall be deposited into that county's Transportation Safety
5Highway Hire-back Fund. In the case of a second or subsequent
6violation of this Section, if the fine is $750 or greater, the
7person who violated this Section shall be charged an additional
8$250, which shall be deposited into the Transportation Safety
9Highway Hire-back Fund in the State treasury, unless (i) the
10violation occurred on a highway other than an interstate
11highway and (ii) a county police officer wrote the ticket for
12the violation, in which case the $250 shall be deposited into
13that county's Transportation Safety Highway Hire-back Fund.
14    (e-5) The Department of State Police and the local county
15police department have concurrent jurisdiction over any
16violation of this Section that occurs on an interstate highway.
17    (f) The Transportation Safety Highway Hire-back Fund,
18which was created by Public Act 92-619, shall continue to be a
19special fund in the State treasury. Subject to appropriation by
20the General Assembly and approval by the Secretary, the
21Secretary of Transportation shall use all moneys in the
22Transportation Safety Highway Hire-back Fund to hire off-duty
23Department of State Police officers to monitor construction or
24maintenance zones.
25    (f-5) Each county shall create a Transportation Safety
26Highway Hire-back Fund. The county shall use all moneys in its

 

 

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1Transportation Safety Highway Hire-back Fund to hire off-duty
2county police officers to monitor construction or maintenance
3zones in that county on highways other than interstate
4highways.
5    (g) For a second or subsequent violation of this Section
6within 2 years of the date of the previous violation, the
7Secretary of State shall suspend the driver's license of the
8violator for a period of 90 days.
9    (h) This Section applies only when workers are present in
10the 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
13becoming law.