Bill Text: IL HB5054 | 2017-2018 | 100th General Assembly | Engrossed
Bill Title: Amends the Toll Highway Act. Provides that any person or persons may bring a civil action to recover damages for injury to his or her person or property caused by any act of the Illinois State Toll Highway Authority or any of its officers, agents, or employees. Provides that any such action is subject to the same limits and requirements applicable to actions against the State under the Court of Claims Act and the Department of Central Management Services Law of the Civil Administrative Code of Illinois. Amends the Illinois Vehicle Code. Provides that in order to post a speed limit on a highway under its jurisdiction that is less than the limit prescribed in a provision of the Code concerning general speed restrictions, the Authority shall obtain approval from the Joint Committee on Administrative Rules. Provides that the Authority shall not issue a regulation to change the speed limit for vehicles of the second division weighing more than 8,000 pounds that is more than 10 miles per hour less than the maximum speed limit of that highway. Provides that beginning 12 months after the effective date of the bill, the effective absolute maximum speed limit on any part of a highway under the Authority's jurisdiction shall be: (1) except for Interstate Route 294 and the portion of Interstate Route 94 that is between Interstate Route 294 and U.S. Route 41, 70 miles per hour or the maximum speed limit authorized in the Code, whichever is less; and (2) 60 miles per hour or the maximum speed limit authorized in the Code, whichever is less, on Interstate Route 294 and the portion of Interstate Route 94 that is between Interstate Route 294 and U.S. Route 41. Provides that if Interstate Route 294 undergoes construction that results in an increase in the maximum design speed limit, the effective absolute maximum speed limit shall be the design speed limit or the maximum speed limit authorized in the Code, whichever is less. Provides that the Authority shall issue regulations to implement a change in the speed limits. Provides that the Authority and its employees, officers, and agents shall not be subject to an action for any injury to person or property fairly traceable to the setting of speed limits. Effective immediately.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2019-01-08 - Session Sine Die [HB5054 Detail]
Download: Illinois-2017-HB5054-Engrossed.html
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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Legislative findings. The General Assembly | ||||||
5 | finds that the maximum speed limits for motor vehicles | ||||||
6 | prescribed in a provision concerning general speed | ||||||
7 | restrictions in the Illinois Vehicle Code are presumed to be | ||||||
8 | reasonable and safe maximum speed limits for all highways under | ||||||
9 | the jurisdiction of the Illinois State Toll Highway Authority.
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10 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||
11 | Section 11-603 as follows:
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12 | (625 ILCS 5/11-603) (from Ch. 95 1/2, par. 11-603)
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13 | Sec. 11-603. Alteration of limits by Toll Highway | ||||||
14 | Authority. | ||||||
15 | (a)
Whenever the Illinois State Toll Highway Authority
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16 | determines, upon the basis of an
engineering and traffic | ||||||
17 | investigation concerning a toll highway under its
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18 | jurisdiction, that a maximum speed limit prescribed in Section | ||||||
19 | 11-601 of
this Chapter is greater or less than is reasonable or | ||||||
20 | safe with respect to
conditions found to exist at any place or | ||||||
21 | along any part or zone of such
highway, the Authority shall | ||||||
22 | determine and declare by regulation a
reasonable and safe |
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1 | absolute maximum speed limit at such place or along
such part | ||||||
2 | or zone, and the speed limit shall conform with the maximum | ||||||
3 | speed limit restrictions provided for in Section 11-601 of this | ||||||
4 | Code. A limit so determined
and declared becomes effective, and | ||||||
5 | suspends the application of the limit
prescribed in Section | ||||||
6 | 11-601 of this Chapter, when (1) (a) the Department
concurs in | ||||||
7 | writing with the Authority's regulation, (2) and (b) | ||||||
8 | appropriate
signs giving notice of the limit are erected at | ||||||
9 | such place or along such
part or zone of the highway , and (3) | ||||||
10 | for a decrease in a speed limit, the Joint Committee on | ||||||
11 | Administrative Rules approves the Authority's regulation. The | ||||||
12 | Authority shall not issue a regulation to change a maximum | ||||||
13 | speed limit for vehicles of the second division weighing more | ||||||
14 | than 8,000 pounds that is more than 10 miles per hour less than | ||||||
15 | the maximum speed limit of that highway . Electronic | ||||||
16 | speed-detecting devices shall not
be used within 500 feet | ||||||
17 | beyond any such sign in the direction of travel; if
so used in | ||||||
18 | violation hereof, evidence obtained thereby shall be
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19 | inadmissible in any prosecution for speeding.
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20 | (b) Beginning 12 months after the effective date of this | ||||||
21 | amendatory Act of the 100th General Assembly, and except for | ||||||
22 | vehicles of the second division weighing more than 8,000 | ||||||
23 | pounds, the effective absolute maximum speed limit on any part | ||||||
24 | of a highway under the Authority's jurisdiction shall be: (1) | ||||||
25 | except for Interstate Route 294 and the portion of Interstate | ||||||
26 | Route 94 that is between Interstate Route 294 and U.S. Route |
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1 | 41, 70 miles per hour, or the maximum speed limit under | ||||||
2 | subsection (a) of this Section or Section 11-601 or this Code, | ||||||
3 | whichever is less; and (2) 60 miles per hour or the maximum | ||||||
4 | speed limit under subsection (a) of this Section or Section | ||||||
5 | 11-601 of this Code, whichever is less, on Interstate Route 294 | ||||||
6 | and the portion of Interstate Route 94 that is between | ||||||
7 | Interstate Route 294 and U.S. Route 41. If Interstate Route 294 | ||||||
8 | undergoes construction that results in an increase in the | ||||||
9 | maximum design speed limit, the effective absolute maximum | ||||||
10 | speed limit shall be the design speed limit, or the maximum | ||||||
11 | speed limit under subsection (a) of this Section or Section | ||||||
12 | 11-601 of this Code, whichever is less, within 12 months of the | ||||||
13 | design speed limit change. The maximum speed limits under this | ||||||
14 | subsection (b) may be altered under subsection (a) of this | ||||||
15 | Section. The Authority shall issue regulations to implement | ||||||
16 | this subsection (b). With respect to the setting of speed | ||||||
17 | limits, nothing in this subsection (b) shall be construed to | ||||||
18 | increase liability under existing law. | ||||||
19 | (Source: P.A. 98-511, eff. 1-1-14.)
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