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92_HB3652ham001
LRB9210141DHmgam
1 AMENDMENT TO HOUSE BILL 3652
2 AMENDMENT NO. . Amend House Bill 3652 as follows:
3 by replacing everything after the enacting clause with the
4 following:
5 "Section 5. The State Finance Act is amended by adding
6 Section 5.570 as follows:
7 (30 ILCS 105/5.570 new)
8 Sec. 5.570. The Transportation Safety Highway Hire-back
9 Fund.
10 Section 10. The Illinois Vehicle Code is amended by
11 changing Section 11-605 as follows:
12 (625 ILCS 5/11-605) (from Ch. 95 1/2, par. 11-605)
13 Sec. 11-605. Special speed limit while passing schools or
14 while traveling through highway construction or maintenance
15 zones.
16 (a) For the purpose of this Section, "school" means the
17 following entities:
18 (1) A public or private primary or secondary
19 school.
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1 (2) A primary or secondary school operated by a
2 religious institution.
3 (3) A public, private, or religious nursery school.
4 On a school day when school children are present and so
5 close thereto that a potential hazard exists because of the
6 close proximity of the motorized traffic, no person shall
7 drive a motor vehicle at a speed in excess of 20 miles per
8 hour while passing a school zone or while traveling upon any
9 public thoroughfare where children pass going to and from
10 school.
11 For the purpose of this Section a school day shall begin
12 at seven ante meridian and shall conclude at four post
13 meridian.
14 This Section shall not be applicable unless appropriate
15 signs are posted upon streets and highways under their
16 respective jurisdiction and maintained by the Department,
17 township, county, park district, city, village or
18 incorporated town wherein the school zone is located. With
19 regard to the special speed limit while passing schools, such
20 signs shall give proper due warning that a school zone is
21 being approached and shall indicate the school zone and the
22 maximum speed limit in effect during school days when school
23 children are present.
24 (b) No person shall operate a motor vehicle in a
25 construction or maintenance zone at a speed in excess of the
26 posted speed limit when workers are present and so close to
27 the moving traffic that a potential hazard exists because of
28 the motorized traffic.
29 (c) Nothing in this Chapter shall prohibit the use of
30 electronic speed-detecting devices within 500 feet of signs
31 within a special school speed zone or a construction or
32 maintenance zone indicating such zone, as defined in this
33 Section, nor shall evidence obtained thereby be inadmissible
34 in any prosecution for speeding provided the use of such
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1 device shall apply only to the enforcement of the speed limit
2 in such special school speed zone or a construction or
3 maintenance zone.
4 (d) For the purpose of this Section, a construction or
5 maintenance zone is an area in which the Department, Toll
6 Highway Authority, or local agency has determined that the
7 preexisting established speed limit through a highway
8 construction or maintenance project is greater than is
9 reasonable or safe with respect to the conditions expected to
10 exist in the construction or maintenance zone and has posted
11 a lower speed limit with a highway construction or
12 maintenance zone special speed limit sign.
13 Highway construction or maintenance zone special speed
14 limit signs shall be of a design approved by the Department.
15 The signs shall give proper due warning that a construction
16 or maintenance zone is being approached and shall indicate
17 the maximum speed limit in effect. The signs shall also
18 state the amount of the minimum fine for a violation when
19 workers are present.
20 (e) A first violation of this Section is a petty offense
21 with a minimum fine of $150. A second or subsequent
22 violation of this Section is a petty offense with a minimum
23 fine of $300.
24 (f) When a fine for a violation of subsection (a) is
25 $150 or greater, the person who violates subsection (a) shall
26 be charged an additional $50 to be paid to the unit school
27 district where the violation occurred for school safety
28 purposes. If the violation occurred in a dual school
29 district, $25 of the surcharge shall be paid to the
30 elementary school district for school safety purposes and $25
31 of the surcharge shall be paid to the high school district
32 for school safety purposes. Notwithstanding any other
33 provision of law, the entire $50 surcharge shall be paid to
34 the appropriate school district or districts.
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1 For purposes of this subsection (f), "school safety
2 purposes" includes the costs associated with school zone
3 safety education and the purchase, installation, and
4 maintenance of caution lights which are mounted on school
5 speed zone signs.
6 (g) When a fine for a violation of subsection (b) is
7 $150 or greater, the person who violates subsection (b) shall
8 be charged an additional $50. The $50 surcharge shall be
9 deposited into the Transportation Safety Highway Hire-back
10 Fund.
11 (h) The Transportation Safety Highway Hire-back Fund is
12 created as a special fund in the State treasury. Subject to
13 appropriation by the General Assembly and approval by the
14 Secretary, the Secretary of Transportation shall use all
15 moneys in the Transportation Safety Highway Hire-back Fund to
16 hire off-duty Department of State Police officers to monitor
17 construction or maintenance zones.
18 (Source: P.A. 91-531, eff. 1-1-00; 92-242, eff. 1-1-02.)".