Rep. Michael W. Tryon

Filed: 4/11/2013

 

 


 

 


 
09800HB1814ham002LRB098 05716 MLW 44291 a

1
AMENDMENT TO HOUSE BILL 1814

2    AMENDMENT NO. ______. Amend House Bill 1814 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Section 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 when workers are present.
12    (a-5) A person may not operate a motor vehicle in a
13construction or maintenance speed zone at a speed in excess of
14the posted speed limit when workers are not present.
15    (b) Nothing in this Chapter prohibits the use of electronic
16speed-detecting devices within 500 feet of signs within a

 

 

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1construction or maintenance speed zone indicating the zone, as
2defined in this Section, nor shall evidence obtained by use of
3those devices be inadmissible in any prosecution for speeding,
4provided the use of the device shall apply only to the
5enforcement of the speed limit in the construction or
6maintenance speed zone.
7    (c) As used in this Section, a "construction or maintenance
8speed zone" is an area in which the Department, Toll Highway
9Authority, or local agency has posted signage advising drivers
10that a construction or maintenance speed zone is being
11approached, or in which the Department, Authority, or local
12agency has posted a lower speed limit with a highway
13construction or maintenance speed zone special speed limit sign
14after determining that the preexisting established speed limit
15through a highway construction or maintenance project is
16greater than is reasonable or safe with respect to the
17conditions expected to exist in the construction or maintenance
18speed zone.
19    If it is determined that the preexisting established speed
20limit is safe with respect to the conditions expected to exist
21in the construction or maintenance speed zone, additional speed
22limit signs which conform to the requirements of this
23subsection (c) shall be posted.
24    Highway construction or maintenance speed zone special
25speed limit signs shall be of a design approved by the
26Department. The signs must give proper due warning that a

 

 

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1construction or maintenance speed zone is being approached and
2must indicate the maximum speed limit in effect. The signs also
3must state the amount of the minimum fine for a violation.
4    (d) A first violation of this Section is a petty offense
5with a minimum fine of $250. A second or subsequent violation
6of this Section is a petty offense with a minimum fine of $750.
7    (e) If a fine for a violation of this Section is $250 or
8greater, the person who violated this Section shall be charged
9an additional $125, which shall be deposited into the
10Transportation Safety Highway Hire-back Fund in the State
11treasury, unless (i) the violation occurred on a highway other
12than an interstate highway and (ii) a county police officer
13wrote the ticket for the violation, in which case the $125
14shall be deposited into that county's Transportation Safety
15Highway Hire-back Fund. In the case of a second or subsequent
16violation of this Section, if the fine is $750 or greater, the
17person who violated this Section shall be charged an additional
18$250, which shall be deposited into the Transportation Safety
19Highway Hire-back Fund in the State treasury, unless (i) the
20violation occurred on a highway other than an interstate
21highway and (ii) a county police officer wrote the ticket for
22the violation, in which case the $250 shall be deposited into
23that county's Transportation Safety Highway Hire-back Fund.
24    (e-5) The Department of State Police and the local county
25police department have concurrent jurisdiction over any
26violation of this Section that occurs on an interstate highway.

 

 

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1    (f) The Transportation Safety Highway Hire-back Fund,
2which was created by Public Act 92-619, shall continue to be a
3special fund in the State treasury. Subject to appropriation by
4the General Assembly and approval by the Secretary, the
5Secretary of Transportation shall use all moneys in the
6Transportation Safety Highway Hire-back Fund to hire off-duty
7Department of State Police officers to monitor construction or
8maintenance zones.
9    (f-5) Each county shall create a Transportation Safety
10Highway Hire-back Fund. The county shall use all moneys in its
11Transportation Safety Highway Hire-back Fund to hire off-duty
12county police officers to monitor construction or maintenance
13zones in that county on highways other than interstate
14highways.
15    (g) For a second or subsequent violation of this Section
16within 2 years of the date of the previous violation, the
17Secretary of State shall suspend the driver's license of the
18violator for a period of 90 days. This suspension shall only be
19imposed if the current violation of this Section and at least
20one prior violation of this Section occurred during a period
21when workers were present in the construction or maintenance
22zone.
23(Source: P.A. 97-830, eff. 1-1-13.)".