Ill. Admin. Code tit. 92 § 549.500

Current through Register Vol. 49, No. 1, January 3, 2025

Section 549.500 - Application, Fees and Other Regulations

a) Application

1) Qualifying relatives who wish to participate in the program must complete an application form (one for each victim being commemorated) and submit it to the Department. Application forms for the placement of DUI or fatal accident memorial markers and commemorative plaques are available by writing:

Roadside Memorial Coordinator

Illinois Department of Transportation

Bureau of Operations

2300 South Dirksen Parkway

Springfield, Illinois 62764

2) When the Department determines from the initial application that the criteria listed in this Part are met, the application will be approved and a copy returned to the qualifying relative, along with instructions concerning payment of the fee and other appropriate information.

b) Fees

1) Except as provided in subsection (b)(4), a one-time fee sufficient to offset the cost of the program will be charged to the qualifying relative for each DUI or fatal accident memorial marker and commemorative plaque installed by the Department. The fees, as of January 1, 2008, will be $150 for each DUI or fatal accident memorial marker and $50 for each commemorative plaque. A commemorative plaque cannot be installed without a DUI or fatal accident memorial marker.

2) The Department will periodically adjust the fees to reflect the current cost of installing and maintaining the signs with adjustments subject to rulemaking.

3) Once the fee is paid for a DUI or fatal accident memorial marker or a commemorative plaque and the marker or plaque is installed, the Department will maintain the marker or plaque for the entire 2-year period provided in Section 549.500(c)(3) without any additional cost to the qualified relative. (See Sections 20(c) and 23.1(f) of the Act.)

4) Subject to appropriation, the Department will use the money in the Roadside Memorial Fund, as prescribed in Sections 27.5 and 27.6 of the Clerk of Courts Act [705 ILCS 105/27.5 and 27.6], Section 5-9-1.17 of the Unified Code of Corrections [730 ILCS 5/5-9 -1.17] and in Section 20(f) of the Roadside Memorial Act [605 ILCS 125/20(f)] , to pay the fees for DUI memorial markers only. When the fees are paid from the fund, no fees will be charged to the qualifying relative.

c) Placing and Maintaining Memorial Markers and Commemorative Plaques

1) The DUI or fatal accident memorial markers and commemorative plaques shall only be placed by the Department.

2) A DUI or fatal accident memorial marker and commemorative plaque shall be maintained for at least 2 years from the date the last person was memorialized on the plaque or, if no plaque is present, 2 years from the date the marker was erected. (See Sections 20(c) and 23.1(f) of the Act.)

3) The Department has the right to install a marker at a location other than the location of the crash or to relocate a marker due to restricted room, property owner complaints, interference with essential traffic control devices, safety concerns, or other restrictions. In such cases, the Department may select an alternate location. (See Sections 20(d) and 23.1(g) of the Act.)

4) A DUI or fatal accident memorial marker and commemorative plaque may memorialize more than one victim who died as a result of the same crash. If one or more additional, unrelated DUI or reckless homicide deaths subsequently occur in close proximity to an existing DUI or fatal accident memorial marker, the Department may use the same marker to memorialize the subsequent death or deaths by adding the names of the additional persons. (See Sections 20(b) and 23.1(e) of the Act.)

5)The Department shall secure the consent of any municipality before placing a DUI or fatal accident memorial marker within the corporate limits of the municipality. (Sections 20(e) and 23.1(h)) of the Act.)

Ill. Admin. Code tit. 92, § 549.500

Amended at 35 Ill. Reg. 1081, effective December 29, 2010

Amended at 46 Ill. Reg. 1627, effective 1/6/2022