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92_HB3652eng HB3652 Engrossed LRB9210141DHcs 1 AN ACT in relation to vehicles. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The State Finance Act is amended by adding 5 Section 5.570 as follows: 6 (30 ILCS 105/5.570 new) 7 Sec. 5.570. The Transportation Safety Highway Hire-back 8 Fund. 9 Section 10. The Illinois Vehicle Code is amended by 10 changing Section 11-605 as follows: 11 (625 ILCS 5/11-605) (from Ch. 95 1/2, par. 11-605) 12 Sec. 11-605. Special speed limit while passing schools or 13 while traveling through highway construction or maintenance 14 zones. 15 (a) For the purpose of this Section, "school" means the 16 following entities: 17 (1) A public or private primary or secondary 18 school. 19 (2) A primary or secondary school operated by a 20 religious institution. 21 (3) A public, private, or religious nursery school. 22 On a school day when school children are present and so 23 close thereto that a potential hazard exists because of the 24 close proximity of the motorized traffic, no person shall 25 drive a motor vehicle at a speed in excess of 20 miles per 26 hour while passing a school zone or while traveling upon any 27 public thoroughfare where children pass going to and from 28 school. 29 For the purpose of this Section a school day shall begin HB3652 Engrossed -2- LRB9210141DHcs 1 at seven ante meridian and shall conclude at four post 2 meridian. 3 This Section shall not be applicable unless appropriate 4 signs are posted upon streets and highways under their 5 respective jurisdiction and maintained by the Department, 6 township, county, park district, city, village or 7 incorporated town wherein the school zone is located. With 8 regard to the special speed limit while passing schools, such 9 signs shall give proper due warning that a school zone is 10 being approached and shall indicate the school zone and the 11 maximum speed limit in effect during school days when school 12 children are present. 13 (b) No person shall operate a motor vehicle in a 14 construction or maintenance zone at a speed in excess of the 15 posted speed limit when workers are present and so close to 16 the moving traffic that a potential hazard exists because of 17 the motorized traffic. 18 (c) Nothing in this Chapter shall prohibit the use of 19 electronic speed-detecting devices within 500 feet of signs 20 within a special school speed zone or a construction or 21 maintenance zone indicating such zone, as defined in this 22 Section, nor shall evidence obtained thereby be inadmissible 23 in any prosecution for speeding provided the use of such 24 device shall apply only to the enforcement of the speed limit 25 in such special school speed zone or a construction or 26 maintenance zone. 27 (d) For the purpose of this Section, a construction or 28 maintenance zone is an area in which the Department, Toll 29 Highway Authority, or local agency has determined that the 30 preexisting established speed limit through a highway 31 construction or maintenance project is greater than is 32 reasonable or safe with respect to the conditions expected to 33 exist in the construction or maintenance zone and has posted 34 a lower speed limit with a highway construction or HB3652 Engrossed -3- LRB9210141DHcs 1 maintenance zone special speed limit sign. 2 Highway construction or maintenance zone special speed 3 limit signs shall be of a design approved by the Department. 4 The signs shall give proper due warning that a construction 5 or maintenance zone is being approached and shall indicate 6 the maximum speed limit in effect. The signs shall also 7 state the amount of the minimum fine for a violation when 8 workers are present. 9 (e) A first violation of this Section is a petty offense 10 with a minimum fine of $150. A second or subsequent 11 violation of this Section is a petty offense with a minimum 12 fine of $300. 13 (f) When a fine for a violation of subsection (a) is 14 $150 or greater, the person who violates subsection (a) shall 15 be charged an additional $50 to be paid to the unit school 16 district where the violation occurred for school safety 17 purposes. If the violation occurred in a dual school 18 district, $25 of the surcharge shall be paid to the 19 elementary school district for school safety purposes and $25 20 of the surcharge shall be paid to the high school district 21 for school safety purposes. Notwithstanding any other 22 provision of law, the entire $50 surcharge shall be paid to 23 the appropriate school district or districts. 24 For purposes of this subsection (f), "school safety 25 purposes" includes the costs associated with school zone 26 safety education and the purchase, installation, and 27 maintenance of caution lights which are mounted on school 28 speed zone signs. 29 (g) When a fine for a violation of subsection (b) is 30 $150 or greater, the person who violates subsection (b) shall 31 be charged an additional $50. The $50 surcharge shall be 32 deposited into the Transportation Safety Highway Hire-back 33 Fund. 34 (h) The Transportation Safety Highway Hire-back Fund is HB3652 Engrossed -4- LRB9210141DHcs 1 created as a special fund in the State treasury. Subject to 2 appropriation by the General Assembly and approval by the 3 Secretary, the Secretary of Transportation shall use all 4 moneys in the Transportation Safety Highway Hire-back Fund to 5 hire off-duty Department of State Police officers to monitor 6 construction or maintenance zones. 7 (Source: P.A. 91-531, eff. 1-1-00; 92-242, eff. 1-1-02.)