HB4344 99TH GENERAL ASSEMBLY

LRB099 15337 RJF 39579 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4344

Introduced , by Rep. Mark Batinick

SYNOPSIS AS INTRODUCED:

New Act

Creates the Heroes Way Designation Program Act. Allows a person who is related to a member of the United States Armed Forces who was killed in action while performing active military duty to apply for a designation allowing the placement of an honorary sign along designated Illinois roads. Provides that honorary signs may be placed upon interstate or state-numbered highway interchanges or upon bridges or segments of highway on the State highway system. Provides requirements for petition and approval of applications by the General Assembly to designate a specified road. Provides that no interchange, bridge, or highway may be named or designated after more than one member of the United States Armed Forces killed in action, nor may a designated member of the United States Armed Forces be eligible for more than one interchange, bridge, or highway designation. Provides that any highway signs erected for any designation shall be erected and maintained for a 20-year period, after which the signs shall be subject to removal, and the interchange, bridge, or highway may be subject to a new designation, absent an application to retain designation. Defines "Department", "Secretary", and "United States Armed Forces".

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning transportation.

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

Section 1. Short title. This Act may be cited as the Heroes Way Designation Program Act.

Section 5. Purpose. This Act establishes a designation program, to be known as the "Heroes Way Designation Program", to honor the fallen Illinois heroes who have been killed in action while performing active military duty with the United States Armed Forces.

Section 10. Definitions. As used in this Act:

"Department" means the Illinois Department of Transportation.

"Secretary" means the Secretary of the Illinois Department of Transportation.

"United States Armed Forces" means any branch of the United States Military, including National Guard and military reserve components.

Section 15. Heroes Way Designation Program.

(a) Any person who is related by marriage, adoption, or consanguinity within the second degree to a member of the United States Armed Forces who was killed in action while performing active military duty with the Armed Forces, and who was a resident of this State at the time he or she was killed in action, may apply for a designation allowing the placement of an honorary sign alongside roads designated under the provisions of this Act.

(b) The honorary signs may be placed upon interstate or state-numbered highway interchanges or upon bridges or segments of highway on the State highway system under the provisions of this Section, and any applicable federal and State limitations or conditions on highway signage, including location and spacing.

(c) Any person described under subsection (a) of this Section who desires to have an interstate or state-numbered highway interchange or bridge or segment of highway on the State highway system designated after his or her family member shall petition the Department of Transportation by submitting the following:

(1) an application in a form prescribed by the Secretary, describing the interstate or state-numbered highway interchange or bridge or segment of highway on the State highway system for which the designation is sought and the proposed name of the interchange, bridge, or relevant segment of highway. The application shall include the name of at least one current member of the General Assembly who will sponsor the designation. The application may contain written testimony for support of the designation;

(2) proof that the family member killed in action was a member of the United States Armed Forces and proof that the family member was in fact killed in action while performing active military duty with the United States Armed Forces. A United States Department of Defense Form 1300 (DD Form 1300), or an equivalent form used by the United States Armed Forces, indicating that the family member was "Killed in Action" shall constitute sufficient proof that the family member meets the eligibility requirements for an honorary designation under this Act. Acceptable proof shall also include a statement from either the Illinois Department of Veterans' Affairs or the United States Department of Veterans' Affairs certifying the requisite facts;

(3) a signed form, prescribed by the Secretary, certifying that the applicant is related by marriage, adoption, or consanguinity within the second degree to the member of the United States Armed Forces who was killed in action; and

(4) a fee to be determined by the Secretary to cover the costs of constructing and maintaining the proposed signs on the interchange, bridge, or highway. The fee shall not exceed the cost of constructing and maintaining each sign.

(d) After determining that the petitioner meets all of the application requirements of subsection (c), the Department shall submit a recommendation containing the proposed designations to the sponsor in the General Assembly named in the application. The Department shall be notified upon the passage or denial of a proposed designation. If the honorary designation recommendation is not approved by the General Assembly and signed into law, 97 percent of the application fee shall be refunded to the applicant.

(e) The Department shall give notice of any proposed designation under this Section in a manner reasonably calculated to advise the public of the proposal. Reasonable notice shall include posting the proposal for the designation on the Department's official public website and making available copies of the sign designation application to any representative of the news media or public upon request and posting the application on a bulletin board or other prominent public place which is easily accessible to the public and clearly designated for that purpose.

(f) Two signs shall be erected for each interchange, bridge, or highway designation processed under this Section.

(g) No interchange, bridge, or highway may be named or designated after more than one member of the United States Armed Forces killed in action, nor may a designated member of the United States Armed Forces be eligible for more than one interchange, bridge, or highway designation under the provisions of this Section.

(h) Any highway signs erected for any designation under the provisions of this Section shall be erected and maintained for a 20-year period. After that period, the signs shall be subject to removal by the Department and the interchange, bridge, or highway may be designated to honor persons other than the prior designee. An existing designation processed under the provisions of this Section may be retained for additional 20-year increments if, at least one year before the designation's expiration, an application to the Department is made to retain the designation along with the required documents and all applicable fees required under this Section.

(i) All moneys received by the Department for the construction and maintenance of interchange, bridge, or highway signs shall be deposited in the "Road Fund" of the State Treasury.

(j) The documents and fees required under this Section shall be submitted to the Department.