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92_SB1808enr SB1808 Enrolled LRB9215763DHgc 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 Illinois Vehicle Code is amended by 5 changing Sections 1-126 and 11-605 as follows: 6 (625 ILCS 5/1-126) (from Ch. 95 1/2, par. 1-126) 7 Sec. 1-126. Highway. 8 The entire width between the boundary lines of every way 9 publicly maintained when any part thereof is open to the use 10 of the public for purposes of vehicular travel or located on 11 public school property. 12 (Source: P.A. 76-1586.) 13 (625 ILCS 5/11-605) (from Ch. 95 1/2, par. 11-605) 14 Sec. 11-605. Special speed limit while passing schools or 15 while traveling through highway construction or maintenance 16 zones. 17 (a) For the purpose of this Section, "school" means the 18 following entities: 19 (1) A public or private primary or secondary 20 school. 21 (2) A primary or secondary school operated by a 22 religious institution. 23 (3) A public, private, or religious nursery school. 24 On a school day when school children are present and so 25 close thereto that a potential hazard exists because of the 26 close proximity of the motorized traffic, no person shall 27 drive a motor vehicle at a speed in excess of 20 miles per 28 hour while passing a school zone or while traveling on a 29 roadway on public school property or upon any public 30 thoroughfare where children pass going to and from school. SB1808 Enrolled -2- LRB9215763DHgc 1 For the purpose of this Section a school day shall begin 2 at seven ante meridian and shall conclude at four post 3 meridian. 4 This Section shall not be applicable unless appropriate 5 signs are posted upon streets and highways under their 6 respective jurisdiction and maintained by the Department, 7 township, county, park district, city, village or 8 incorporated town wherein the school zone is located. With 9 regard to the special speed limit while passing schools, such 10 signs shall give proper due warning that a school zone is 11 being approached and shall indicate the school zone and the 12 maximum speed limit in effect during school days when school 13 children are present. 14 (b) No person shall operate a motor vehicle in a 15 construction or maintenance zone at a speed in excess of the 16 posted speed limit when workers are present and so close to 17 the moving traffic that a potential hazard exists because of 18 the motorized traffic. 19 (c) Nothing in this Chapter shall prohibit the use of 20 electronic speed-detecting devices within 500 feet of signs 21 within a special school speed zone or a construction or 22 maintenance zone indicating such zone, as defined in this 23 Section, nor shall evidence obtained thereby be inadmissible 24 in any prosecution for speeding provided the use of such 25 device shall apply only to the enforcement of the speed limit 26 in such special school speed zone or a construction or 27 maintenance zone. 28 (d) For the purpose of this Section, a construction or 29 maintenance zone is an area in which the Department, Toll 30 Highway Authority, or local agency has determined that the 31 preexisting established speed limit through a highway 32 construction or maintenance project is greater than is 33 reasonable or safe with respect to the conditions expected to 34 exist in the construction or maintenance zone and has posted SB1808 Enrolled -3- LRB9215763DHgc 1 a lower speed limit with a highway construction or 2 maintenance zone special speed limit sign. 3 Highway construction or maintenance zone special speed 4 limit signs shall be of a design approved by the Department. 5 The signs shall give proper due warning that a construction 6 or maintenance zone is being approached and shall indicate 7 the maximum speed limit in effect. The signs shall also 8 state the amount of the minimum fine for a violation when 9 workers are present. 10 (e) A first violation of this Section is a petty offense 11 with a minimum fine of $150. A second or subsequent 12 violation of this Section is a petty offense with a minimum 13 fine of $300. 14 (f) When a fine for a violation of subsection (a) is 15 $150 or greater, the person who violates subsection (a) shall 16 be charged an additional $50 to be paid to the unit school 17 district where the violation occurred for school safety 18 purposes. If the violation occurred in a dual school 19 district, $25 of the surcharge shall be paid to the 20 elementary school district for school safety purposes and $25 21 of the surcharge shall be paid to the high school district 22 for school safety purposes. Notwithstanding any other 23 provision of law, the entire $50 surcharge shall be paid to 24 the appropriate school district or districts. 25 For purposes of this subsection (f), "school safety 26 purposes" includes the costs associated with school zone 27 safety education and the purchase, installation, and 28 maintenance of caution lights which are mounted on school 29 speed zone signs. 30 (Source: P.A. 91-531, eff. 1-1-00; 92-242, eff. 1-1-02.) SB1808 Enrolled -4- LRB9215763DHgc 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.