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92nd General Assembly

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Public Act 92-0619

HB3652 Enrolled                                LRB9210141DHcs

    AN ACT in relation to vehicles.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The  State  Finance Act is amended by adding
Section 5.570 as follows:

    (30 ILCS 105/5.570 new)
    Sec. 5.570.  The Transportation Safety Highway  Hire-back
Fund.

    Section  10.  The  Illinois  Vehicle  Code  is amended by
changing Section 11-605 as follows:

    (625 ILCS 5/11-605) (from Ch. 95 1/2, par. 11-605)
    Sec. 11-605. Special speed limit while passing schools or
while traveling through highway construction  or  maintenance
zones.
    (a)  For  the purpose of this Section, "school" means the
following entities:
         (1)  A  public  or  private  primary  or   secondary
    school.
         (2)  A  primary  or  secondary  school operated by a
    religious institution.
         (3)  A public, private, or religious nursery school.
    On a school day when school children are present  and  so
close  thereto that a potential hazard exists because  of the
close proximity of the motorized  traffic,  no  person  shall
drive  a  motor  vehicle at a speed in excess of 20 miles per
hour while passing a school zone or while traveling upon  any
public  thoroughfare  where  children  pass going to and from
school.
    For the purpose of this Section a school day shall  begin
at  seven  ante  meridian  and  shall  conclude  at four post
meridian.
    This Section shall not be applicable  unless  appropriate
signs  are  posted  upon  streets  and  highways  under their
respective jurisdiction and  maintained  by  the  Department,
township,   county,   park   district,   city,   village   or
incorporated  town  wherein  the school zone is located. With
regard to the special speed limit while passing schools, such
signs shall give proper due warning that  a  school  zone  is
being  approached  and shall indicate the school zone and the
maximum speed limit in effect during school days when  school
children are present.
    (b)  No  person  shall  operate  a  motor  vehicle  in  a
construction  or maintenance zone at a speed in excess of the
posted speed limit when workers are present and so  close  to
the  moving traffic that a potential hazard exists because of
the motorized traffic.
    (c)  Nothing in this Chapter shall prohibit  the  use  of
electronic  speed-detecting  devices within 500 feet of signs
within a special school  speed  zone  or  a  construction  or
maintenance  zone  indicating  such  zone, as defined in this
Section, nor shall evidence obtained thereby be  inadmissible
in  any  prosecution  for  speeding  provided the use of such
device shall apply only to the enforcement of the speed limit
in such special  school  speed  zone  or  a  construction  or
maintenance zone.
    (d)  For  the  purpose of this Section, a construction or
maintenance zone is an area in  which  the  Department,  Toll
Highway  Authority,  or  local agency has determined that the
preexisting  established  speed  limit  through   a   highway
construction  or  maintenance  project  is  greater  than  is
reasonable or safe with respect to the conditions expected to
exist  in the construction or maintenance zone and has posted
a  lower  speed  limit  with  a   highway   construction   or
maintenance zone special speed limit sign.
    Highway  construction  or  maintenance zone special speed
limit signs shall be of a design approved by the  Department.
The  signs  shall give proper due warning that a construction
or maintenance zone is being approached  and  shall  indicate
the  maximum  speed  limit  in  effect.  The signs shall also
state the amount of the minimum fine  for  a  violation  when
workers are present.
    (e)  A first violation of this Section is a petty offense
with  a  minimum  fine  of  $150.   A  second  or  subsequent
violation  of  this Section is a petty offense with a minimum
fine of $300.
    (f)  When a fine for a violation  of  subsection  (a)  is
$150 or greater, the person who violates subsection (a) shall
be  charged  an  additional $50 to be paid to the unit school
district where  the  violation  occurred  for  school  safety
purposes.   If  the  violation  occurred  in  a  dual  school
district,   $25  of  the  surcharge  shall  be  paid  to  the
elementary school district for school safety purposes and $25
of the surcharge shall be paid to the  high  school  district
for   school  safety  purposes.   Notwithstanding  any  other
provision of law, the entire $50 surcharge shall be  paid  to
the appropriate school district or districts.
    For  purposes  of  this  subsection  (f),  "school safety
purposes" includes the  costs  associated  with  school  zone
safety   education   and   the  purchase,  installation,  and
maintenance of caution lights which  are  mounted  on  school
speed zone signs.
    (g)  When  a  fine  for  a violation of subsection (b) is
$150 or greater, the person who violates subsection (b) shall
be charged an additional $50.   The $50  surcharge  shall  be
deposited  into  the  Transportation Safety Highway Hire-back
Fund.
    (h)  The Transportation Safety Highway Hire-back Fund  is
created  as  a special fund in the State treasury. Subject to
appropriation by the General Assembly  and  approval  by  the
Secretary,  the  Secretary  of  Transportation  shall use all
moneys in the Transportation Safety Highway Hire-back Fund to
hire off-duty Department of State Police officers to  monitor
construction or maintenance zones.
(Source: P.A. 91-531, eff. 1-1-00; 92-242, eff. 1-1-02.)
    Passed in the General Assembly April 24, 2002.
    Approved July 11, 2002.
    Effective January 01, 2003.

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