103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5304 Introduced , by Rep. Jaime M. Andrade, Jr. SYNOPSIS AS INTRODUCED: New Act5 ILCS 140/7.5625 ILCS 5/3-400 from Ch. 95 1/2, par. 3-400625 ILCS 5/11-612625 ILCS 7/Act rep. Creates the Highway Work Zone Safety Act. Establishes the Highway Work Zone Speed Control Pilot Program. Provides that the Program's purpose is to enforce the speed limits established for construction or maintenance speed zones. Requires the Department of Transportation to install and operate an automated traffic control system only when highway construction and maintenance is occurring and when workers are present. Requires the Department to conduct a public safety campaign and post signage to inform drivers about the use of an automated traffic control system that detects speeds in excess of a work zone speed limit. Requires an automated traffic control system used in the Program to undergo an annual calibration check performed by an independent calibration laboratory. Provides that the Department shall employ automated traffic control system operators to operate an automated traffic control system at a construction or maintenance speed zone. Enumerates the duties and training requirements of an automated traffic control system operator. Limits the use of a photograph or recorded image captured by an automated traffic control system. Creates a presumption that the owner of a motor vehicle that is the subject of a photograph or recorded image was operating the motor vehicle when the photograph or recorded image was obtained through an automated traffic control system. Allows the presumption to be rebutted if specified conditions are met. Grants rulemaking authority to the Department. Defines terms. Repeals the Automated Traffic Control Systems in Highway Construction or Maintenance Zones Act. Makes conforming changes. LRB103 39108 MXP 69248 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5304 Introduced , by Rep. Jaime M. Andrade, Jr. SYNOPSIS AS INTRODUCED: New Act5 ILCS 140/7.5625 ILCS 5/3-400 from Ch. 95 1/2, par. 3-400625 ILCS 5/11-612625 ILCS 7/Act rep. New Act 5 ILCS 140/7.5 625 ILCS 5/3-400 from Ch. 95 1/2, par. 3-400 625 ILCS 5/11-612 625 ILCS 7/Act rep. Creates the Highway Work Zone Safety Act. Establishes the Highway Work Zone Speed Control Pilot Program. Provides that the Program's purpose is to enforce the speed limits established for construction or maintenance speed zones. Requires the Department of Transportation to install and operate an automated traffic control system only when highway construction and maintenance is occurring and when workers are present. Requires the Department to conduct a public safety campaign and post signage to inform drivers about the use of an automated traffic control system that detects speeds in excess of a work zone speed limit. Requires an automated traffic control system used in the Program to undergo an annual calibration check performed by an independent calibration laboratory. Provides that the Department shall employ automated traffic control system operators to operate an automated traffic control system at a construction or maintenance speed zone. Enumerates the duties and training requirements of an automated traffic control system operator. Limits the use of a photograph or recorded image captured by an automated traffic control system. Creates a presumption that the owner of a motor vehicle that is the subject of a photograph or recorded image was operating the motor vehicle when the photograph or recorded image was obtained through an automated traffic control system. Allows the presumption to be rebutted if specified conditions are met. Grants rulemaking authority to the Department. Defines terms. Repeals the Automated Traffic Control Systems in Highway Construction or Maintenance Zones Act. Makes conforming changes. LRB103 39108 MXP 69248 b LRB103 39108 MXP 69248 b A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5304 Introduced , by Rep. Jaime M. Andrade, Jr. SYNOPSIS AS INTRODUCED:
New Act5 ILCS 140/7.5625 ILCS 5/3-400 from Ch. 95 1/2, par. 3-400625 ILCS 5/11-612625 ILCS 7/Act rep. New Act 5 ILCS 140/7.5 625 ILCS 5/3-400 from Ch. 95 1/2, par. 3-400 625 ILCS 5/11-612 625 ILCS 7/Act rep.
New Act
5 ILCS 140/7.5
625 ILCS 5/3-400 from Ch. 95 1/2, par. 3-400
625 ILCS 5/11-612
625 ILCS 7/Act rep.
Creates the Highway Work Zone Safety Act. Establishes the Highway Work Zone Speed Control Pilot Program. Provides that the Program's purpose is to enforce the speed limits established for construction or maintenance speed zones. Requires the Department of Transportation to install and operate an automated traffic control system only when highway construction and maintenance is occurring and when workers are present. Requires the Department to conduct a public safety campaign and post signage to inform drivers about the use of an automated traffic control system that detects speeds in excess of a work zone speed limit. Requires an automated traffic control system used in the Program to undergo an annual calibration check performed by an independent calibration laboratory. Provides that the Department shall employ automated traffic control system operators to operate an automated traffic control system at a construction or maintenance speed zone. Enumerates the duties and training requirements of an automated traffic control system operator. Limits the use of a photograph or recorded image captured by an automated traffic control system. Creates a presumption that the owner of a motor vehicle that is the subject of a photograph or recorded image was operating the motor vehicle when the photograph or recorded image was obtained through an automated traffic control system. Allows the presumption to be rebutted if specified conditions are met. Grants rulemaking authority to the Department. Defines terms. Repeals the Automated Traffic Control Systems in Highway Construction or Maintenance Zones Act. Makes conforming changes.
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A BILL FOR
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1 AN ACT concerning transportation.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Highway Work Zone Safety Act.
6 Section 5. Definitions. As used in this Act:
7 "Authority" means the Illinois State Toll Highway
8 Authority.
9 "Automatic traffic control system" means a photographic
10 device, radar device, laser device, or other electrical or
11 mechanical device or devices designed to record the speed of a
12 vehicle and obtain a clear photograph or other recorded image
13 of the vehicle, the vehicle operator, and the vehicle's
14 registration plate or digital registration plate while the
15 driver is violating Section 11-605.1 of the Illinois Vehicle
16 Code. The photograph or other recorded image must also display
17 the time, date, and location of the violation. A law
18 enforcement officer is not required to be present or to
19 witness the violation.
20 "Committee" means the Illinois Traffic Records Safety
21 Coordinating Committee.
22 "Construction or maintenance speed zone" has the same
23 meaning given to that term under Section 11-605.1 of the
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5304 Introduced , by Rep. Jaime M. Andrade, Jr. SYNOPSIS AS INTRODUCED:
New Act5 ILCS 140/7.5625 ILCS 5/3-400 from Ch. 95 1/2, par. 3-400625 ILCS 5/11-612625 ILCS 7/Act rep. New Act 5 ILCS 140/7.5 625 ILCS 5/3-400 from Ch. 95 1/2, par. 3-400 625 ILCS 5/11-612 625 ILCS 7/Act rep.
New Act
5 ILCS 140/7.5
625 ILCS 5/3-400 from Ch. 95 1/2, par. 3-400
625 ILCS 5/11-612
625 ILCS 7/Act rep.
Creates the Highway Work Zone Safety Act. Establishes the Highway Work Zone Speed Control Pilot Program. Provides that the Program's purpose is to enforce the speed limits established for construction or maintenance speed zones. Requires the Department of Transportation to install and operate an automated traffic control system only when highway construction and maintenance is occurring and when workers are present. Requires the Department to conduct a public safety campaign and post signage to inform drivers about the use of an automated traffic control system that detects speeds in excess of a work zone speed limit. Requires an automated traffic control system used in the Program to undergo an annual calibration check performed by an independent calibration laboratory. Provides that the Department shall employ automated traffic control system operators to operate an automated traffic control system at a construction or maintenance speed zone. Enumerates the duties and training requirements of an automated traffic control system operator. Limits the use of a photograph or recorded image captured by an automated traffic control system. Creates a presumption that the owner of a motor vehicle that is the subject of a photograph or recorded image was operating the motor vehicle when the photograph or recorded image was obtained through an automated traffic control system. Allows the presumption to be rebutted if specified conditions are met. Grants rulemaking authority to the Department. Defines terms. Repeals the Automated Traffic Control Systems in Highway Construction or Maintenance Zones Act. Makes conforming changes.
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A BILL FOR
New Act
5 ILCS 140/7.5
625 ILCS 5/3-400 from Ch. 95 1/2, par. 3-400
625 ILCS 5/11-612
625 ILCS 7/Act rep.
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1 Illinois Vehicle Code.
2 "Department" means the Department of Transportation.
3 "Motor vehicle rental company" has the meaning given to
4 that term under Section 6-305.3 of the Illinois Vehicle Code.
5 "Owner" means a person in whose name a motor vehicle is
6 registered under the laws of this State, another state, or a
7 foreign country or under the International Registration Plan.
8 "Program" means the Highway Work Zone Speed Control Pilot
9 Program created under this Act.
10 "Work zone speed limit" means a temporary speed limit
11 established for a work zone by the Department, the Authority,
12 or a unit of local government that has jurisdiction over the
13 work zone.
14 Section 10. Highway Work Zone Speed Control Pilot Program.
15 (a) The Department shall establish the Highway Work Zone
16 Speed Control Pilot Program for the purposes of enforcing the
17 speed limits established for construction or maintenance speed
18 zones.
19 (b) The Department shall administer the Program in
20 coordination with the State Police and a third-party vendor.
21 (c) The Department and the State Police shall enter into
22 an agreement to share information regarding the Program.
23 (d) The Department may enter into an agreement with a
24 third-party vendor to assist in the administration of the
25 Program.
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1 Section 15. Procedures.
2 (a) The Department shall install and operate an automated
3 traffic control system only when:
4 (1) highway construction or maintenance is occurring;
5 and
6 (2) workers are present in the construction or
7 maintenance speed zone.
8 (b) Before installing an automated traffic control system
9 for the purposes of the Program, the Department shall do the
10 following:
11 (1) conduct a public information campaign to inform
12 drivers about the use of an automated traffic control
13 system to detect speeds in excess of a work zone speed
14 limit; and
15 (2) post signage indicating that the work zone speed
16 limit is being monitored by an automated traffic control
17 system before the entrance to a construction or
18 maintenance speed zone in which an automated traffic
19 control system is in use.
20 Section 20. Maintenance of automated traffic control
21 systems.
22 (a) An automated traffic control system used in the
23 Program shall undergo an annual calibration check performed by
24 an independent calibration laboratory selected by the
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1 Department.
2 (b) The independent calibration laboratory performing the
3 annual calibration check required under subsection (a) shall
4 issue a certificate of calibration to the Department for auto
5 traffic control system as proof that:
6 (1) the annual calibration check was performed; and
7 (2) the automated traffic control system is accurately
8 calibrated.
9 Section 25. Automated traffic control system operator
10 requirements; duties; restrictions.
11 (a) The Department shall employ automated traffic control
12 system operators to operate an automated traffic control
13 system at a construction or maintenance speed zone.
14 (b) An automated traffic control system operator must be:
15 (1) an employee of the Department or a police officer
16 employed by the State Police; and
17 (2) trained and certified to operate an automated
18 traffic control system.
19 (c) An automated traffic control system operator must
20 complete training by the manufacturer of the automated traffic
21 control system in the procedures for deploying, testing, and
22 operating an automated traffic control system.
23 (d) The manufacturer of the automated traffic control
24 system shall issue a certificate of training to an automated
25 traffic control system operator upon the successful completion
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1 of the training required under subsection (c).
2 (e) An automated traffic control system operator shall
3 complete a daily log for the automated traffic control system
4 that contains the following:
5 (1) the location of the construction or maintenance
6 speed zone where the automated traffic control system is
7 deployed;
8 (2) the date and time when workers are present at the
9 construction or maintenance speed zone;
10 (3) the location within the construction or
11 maintenance speed zone where workers are present;
12 (4) a statement that the automated traffic control
13 system operator successfully performed, and the device
14 passed, the tests of the automated traffic control system
15 specified by the manufacturer before producing a
16 photograph or recorded image; and
17 (5) the signature of the automated traffic control
18 system operator.
19 (f) The information and recorded images collected under
20 the Program are confidential and exempt from disclosure under
21 the Freedom of Information Act.
22 Section 30. Photograph and recorded images; permitted and
23 nonpermitted uses.
24 (a) Except as otherwise provided in this Act, information
25 and photographs or recorded images collected under the Program
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1 are not discoverable by court order as evidence in a
2 proceeding except to assess a penalty under Section 40 of this
3 Act.
4 (b) Information and a photograph or recorded image
5 collected under the Program must be destroyed not later than 2
6 years after the date the information and photograph or
7 recorded image is collected.
8 (c) Notwithstanding any other provision of law,
9 information and photographs or recorded images collected under
10 the Program are the exclusive property of the State and not the
11 property of the manufacturer or vendor of the automated
12 traffic control system.
13 (d) Except as otherwise provided under the Illinois
14 Vehicle Code, use of a photograph or recorded image obtained
15 through the use of an automated traffic control system for the
16 purpose of enforcing a traffic offense is prohibited.
17 (e) A photograph or recorded image obtained through the
18 use of an automated traffic control system may not be used as
19 evidence in any action other than an action to collect a work
20 zone speed limit civil penalty for which the photograph or
21 recorded image was obtained.
22 (f) A photograph or recorded image obtained through the
23 use of an automated traffic control system may be used
24 internally to administer the Program. However, unless
25 authorized by court order, a photograph or recorded image
26 obtained through the use of an automated traffic control
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1 system may not be disclosed to anyone other than:
2 (1) the owner of the motor vehicle at the time the
3 recorded speed of the motor vehicle exceeded a work zone
4 speed limit;
5 (2) an individual alleged to have been operating the
6 motor vehicle at the time the works zone speed limit was
7 exceeded;
8 (3) an attorney representing an individual;
9 (4) a law enforcement officer;
10 (5) the Authority or Department;
11 (6) a law enforcement officer; or
12 (7) the court in a proceeding for judicial review.
13 Section 35. Liability.
14 (a) Except as provided in subsection (d), the owner of a
15 motor vehicle identified through an automated traffic control
16 system is liable for the civil penalty described in section 40
17 of this Act for exceeding a work zone speed limit.
18 (b) There is a rebuttable presumption that the owner of a
19 motor vehicle that is the subject of a photograph or recorded
20 image was operating the motor vehicle when the photograph or
21 recorded image was obtained through an automated traffic
22 control system.
23 (c) The presumption under subsection (b) does not apply to
24 an owner of a motor vehicle that is a motor vehicle rental
25 company.
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1 (d) The owner of a motor vehicle may submit information as
2 determined by the Department to rebut the presumption created
3 by subsection (b).
4 (e) It is a defense under this Section if any of the
5 following apply:
6 (1) The person receiving a notice of violation issued
7 under this Act:
8 (A) was not the owner of the motor vehicle; or
9 (B) was not driving the motor vehicle at the time
10 that the work zone speed limit was exceeded.
11 (2) The vehicle was reported stolen prior to the time
12 that the work zone speed limit was exceeded and was not
13 recovered prior to that time.
14 (3) The automated traffic control system was not
15 properly tested for accuracy, certification, or
16 calibration.
17 (4) Workers were not present in the construction or
18 maintenance speed zone at the time that the work zone
19 speed limit was exceeded.
20 Section 40. Civil penalties.
21 (a) This Section does not apply to a person who has been
22 charged with an infraction for a violation of Section 11-605.1
23 of the Illinois Vehicle Code for the same offense.
24 (b) The Department shall assess a civil penalty against a
25 person who exceeds a work zone speed limit if the automated
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1 traffic control system indicates that the operator of a motor
2 vehicle has exceeded the work speed limit by at least eleven 11
3 miles per hour.
4 (c) A person who exceeds a work zone speed limit that is
5 detected under this Act is subject to the following civil
6 penalties:
7 (1) A written warning for the first violation.
8 (2) A civil penalty of $75 for the second violation.
9 (3) A civil penalty of $150 for the third and each
10 subsequent violation.
11 (d) A civil penalty collected under this Section shall be
12 deposited into the State General Fund.
13 (e) A person assessed a civil penalty under this Act is not
14 liable for an infraction for a violation of Section 11-605.1
15 of the Illinois Vehicle Code.
16 Section 45. Reports.
17 (a) Not later than November 1 of each year, the Department
18 must submit a report to the Committee that includes the
19 following:
20 (1) the number of motor vehicle accidents and related
21 serious injuries and deaths that occurred in each
22 construction or maintenance speed zone where an automated
23 traffic control system was operated;
24 (2) data related to the speed of motor vehicles
25 traveling through a construction or maintenance speed zone
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1 where an automated traffic control system was operated;
2 (3) the number of violations issued in a construction
3 or maintenance speed zone where an automated traffic
4 control system was operated; and
5 (4) the amount of fines imposed for violations
6 occurring in a construction or maintenance speed zone
7 where an automated traffic control system was operated.
8 (b) Not later than July 1, 2028, the Department must
9 submit a report to the Committee that provides a summary of the
10 impact of the use of automated traffic control systems in
11 construction or maintenance speed zone.
12 (c) A report under this Section must be submitted to the
13 Committee in an electronic format.
14 Section 50. Rulemaking. The Department shall adopt rules
15 to implement this Act, including, but not limited to, rules
16 establishing procedures for notices, hearings, and appeals
17 under this Act.
18 Section 900. The Freedom of Information Act is amended by
19 changing Section 7.5 as follows:
20 (5 ILCS 140/7.5)
21 (Text of Section before amendment by P.A. 103-472)
22 Sec. 7.5. Statutory exemptions. To the extent provided for
23 by the statutes referenced below, the following shall be
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1 exempt from inspection and copying:
2 (a) All information determined to be confidential
3 under Section 4002 of the Technology Advancement and
4 Development Act.
5 (b) Library circulation and order records identifying
6 library users with specific materials under the Library
7 Records Confidentiality Act.
8 (c) Applications, related documents, and medical
9 records received by the Experimental Organ Transplantation
10 Procedures Board and any and all documents or other
11 records prepared by the Experimental Organ Transplantation
12 Procedures Board or its staff relating to applications it
13 has received.
14 (d) Information and records held by the Department of
15 Public Health and its authorized representatives relating
16 to known or suspected cases of sexually transmissible
17 disease or any information the disclosure of which is
18 restricted under the Illinois Sexually Transmissible
19 Disease Control Act.
20 (e) Information the disclosure of which is exempted
21 under Section 30 of the Radon Industry Licensing Act.
22 (f) Firm performance evaluations under Section 55 of
23 the Architectural, Engineering, and Land Surveying
24 Qualifications Based Selection Act.
25 (g) Information the disclosure of which is restricted
26 and exempted under Section 50 of the Illinois Prepaid
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1 Tuition Act.
2 (h) Information the disclosure of which is exempted
3 under the State Officials and Employees Ethics Act, and
4 records of any lawfully created State or local inspector
5 general's office that would be exempt if created or
6 obtained by an Executive Inspector General's office under
7 that Act.
8 (i) Information contained in a local emergency energy
9 plan submitted to a municipality in accordance with a
10 local emergency energy plan ordinance that is adopted
11 under Section 11-21.5-5 of the Illinois Municipal Code.
12 (j) Information and data concerning the distribution
13 of surcharge moneys collected and remitted by carriers
14 under the Emergency Telephone System Act.
15 (k) Law enforcement officer identification information
16 or driver identification information compiled by a law
17 enforcement agency or the Department of Transportation
18 under Section 11-212 of the Illinois Vehicle Code.
19 (l) Records and information provided to a residential
20 health care facility resident sexual assault and death
21 review team or the Executive Council under the Abuse
22 Prevention Review Team Act.
23 (m) Information provided to the predatory lending
24 database created pursuant to Article 3 of the Residential
25 Real Property Disclosure Act, except to the extent
26 authorized under that Article.
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1 (n) Defense budgets and petitions for certification of
2 compensation and expenses for court appointed trial
3 counsel as provided under Sections 10 and 15 of the
4 Capital Crimes Litigation Act (repealed). This subsection
5 (n) shall apply until the conclusion of the trial of the
6 case, even if the prosecution chooses not to pursue the
7 death penalty prior to trial or sentencing.
8 (o) Information that is prohibited from being
9 disclosed under Section 4 of the Illinois Health and
10 Hazardous Substances Registry Act.
11 (p) Security portions of system safety program plans,
12 investigation reports, surveys, schedules, lists, data, or
13 information compiled, collected, or prepared by or for the
14 Department of Transportation under Sections 2705-300 and
15 2705-616 of the Department of Transportation Law of the
16 Civil Administrative Code of Illinois, the Regional
17 Transportation Authority under Section 2.11 of the
18 Regional Transportation Authority Act, or the St. Clair
19 County Transit District under the Bi-State Transit Safety
20 Act (repealed).
21 (q) Information prohibited from being disclosed by the
22 Personnel Record Review Act.
23 (r) Information prohibited from being disclosed by the
24 Illinois School Student Records Act.
25 (s) Information the disclosure of which is restricted
26 under Section 5-108 of the Public Utilities Act.
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1 (t) (Blank).
2 (u) Records and information provided to an independent
3 team of experts under the Developmental Disability and
4 Mental Health Safety Act (also known as Brian's Law).
5 (v) Names and information of people who have applied
6 for or received Firearm Owner's Identification Cards under
7 the Firearm Owners Identification Card Act or applied for
8 or received a concealed carry license under the Firearm
9 Concealed Carry Act, unless otherwise authorized by the
10 Firearm Concealed Carry Act; and databases under the
11 Firearm Concealed Carry Act, records of the Concealed
12 Carry Licensing Review Board under the Firearm Concealed
13 Carry Act, and law enforcement agency objections under the
14 Firearm Concealed Carry Act.
15 (v-5) Records of the Firearm Owner's Identification
16 Card Review Board that are exempted from disclosure under
17 Section 10 of the Firearm Owners Identification Card Act.
18 (w) Personally identifiable information which is
19 exempted from disclosure under subsection (g) of Section
20 19.1 of the Toll Highway Act.
21 (x) Information which is exempted from disclosure
22 under Section 5-1014.3 of the Counties Code or Section
23 8-11-21 of the Illinois Municipal Code.
24 (y) Confidential information under the Adult
25 Protective Services Act and its predecessor enabling
26 statute, the Elder Abuse and Neglect Act, including
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1 information about the identity and administrative finding
2 against any caregiver of a verified and substantiated
3 decision of abuse, neglect, or financial exploitation of
4 an eligible adult maintained in the Registry established
5 under Section 7.5 of the Adult Protective Services Act.
6 (z) Records and information provided to a fatality
7 review team or the Illinois Fatality Review Team Advisory
8 Council under Section 15 of the Adult Protective Services
9 Act.
10 (aa) Information which is exempted from disclosure
11 under Section 2.37 of the Wildlife Code.
12 (bb) Information which is or was prohibited from
13 disclosure by the Juvenile Court Act of 1987.
14 (cc) Recordings made under the Law Enforcement
15 Officer-Worn Body Camera Act, except to the extent
16 authorized under that Act.
17 (dd) Information that is prohibited from being
18 disclosed under Section 45 of the Condominium and Common
19 Interest Community Ombudsperson Act.
20 (ee) Information that is exempted from disclosure
21 under Section 30.1 of the Pharmacy Practice Act.
22 (ff) Information that is exempted from disclosure
23 under the Revised Uniform Unclaimed Property Act.
24 (gg) Information that is prohibited from being
25 disclosed under Section 7-603.5 of the Illinois Vehicle
26 Code.
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1 (hh) Records that are exempt from disclosure under
2 Section 1A-16.7 of the Election Code.
3 (ii) Information which is exempted from disclosure
4 under Section 2505-800 of the Department of Revenue Law of
5 the Civil Administrative Code of Illinois.
6 (jj) Information and reports that are required to be
7 submitted to the Department of Labor by registering day
8 and temporary labor service agencies but are exempt from
9 disclosure under subsection (a-1) of Section 45 of the Day
10 and Temporary Labor Services Act.
11 (kk) Information prohibited from disclosure under the
12 Seizure and Forfeiture Reporting Act.
13 (ll) Information the disclosure of which is restricted
14 and exempted under Section 5-30.8 of the Illinois Public
15 Aid Code.
16 (mm) Records that are exempt from disclosure under
17 Section 4.2 of the Crime Victims Compensation Act.
18 (nn) Information that is exempt from disclosure under
19 Section 70 of the Higher Education Student Assistance Act.
20 (oo) Communications, notes, records, and reports
21 arising out of a peer support counseling session
22 prohibited from disclosure under the First Responders
23 Suicide Prevention Act.
24 (pp) Names and all identifying information relating to
25 an employee of an emergency services provider or law
26 enforcement agency under the First Responders Suicide
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1 Prevention Act.
2 (qq) Information and records held by the Department of
3 Public Health and its authorized representatives collected
4 under the Reproductive Health Act.
5 (rr) Information that is exempt from disclosure under
6 the Cannabis Regulation and Tax Act.
7 (ss) Data reported by an employer to the Department of
8 Human Rights pursuant to Section 2-108 of the Illinois
9 Human Rights Act.
10 (tt) Recordings made under the Children's Advocacy
11 Center Act, except to the extent authorized under that
12 Act.
13 (uu) Information that is exempt from disclosure under
14 Section 50 of the Sexual Assault Evidence Submission Act.
15 (vv) Information that is exempt from disclosure under
16 subsections (f) and (j) of Section 5-36 of the Illinois
17 Public Aid Code.
18 (ww) Information that is exempt from disclosure under
19 Section 16.8 of the State Treasurer Act.
20 (xx) Information that is exempt from disclosure or
21 information that shall not be made public under the
22 Illinois Insurance Code.
23 (yy) Information prohibited from being disclosed under
24 the Illinois Educational Labor Relations Act.
25 (zz) Information prohibited from being disclosed under
26 the Illinois Public Labor Relations Act.
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1 (aaa) Information prohibited from being disclosed
2 under Section 1-167 of the Illinois Pension Code.
3 (bbb) Information that is prohibited from disclosure
4 by the Illinois Police Training Act and the Illinois State
5 Police Act.
6 (ccc) Records exempt from disclosure under Section
7 2605-304 of the Illinois State Police Law of the Civil
8 Administrative Code of Illinois.
9 (ddd) Information prohibited from being disclosed
10 under Section 35 of the Address Confidentiality for
11 Victims of Domestic Violence, Sexual Assault, Human
12 Trafficking, or Stalking Act.
13 (eee) Information prohibited from being disclosed
14 under subsection (b) of Section 75 of the Domestic
15 Violence Fatality Review Act.
16 (fff) Images from cameras under the Expressway Camera
17 Act. This subsection (fff) is inoperative on and after
18 July 1, 2025.
19 (ggg) Information prohibited from disclosure under
20 paragraph (3) of subsection (a) of Section 14 of the Nurse
21 Agency Licensing Act.
22 (hhh) Information submitted to the Illinois State
23 Police in an affidavit or application for an assault
24 weapon endorsement, assault weapon attachment endorsement,
25 .50 caliber rifle endorsement, or .50 caliber cartridge
26 endorsement under the Firearm Owners Identification Card
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1 Act.
2 (iii) Data exempt from disclosure under Section 50 of
3 the School Safety Drill Act.
4 (jjj) (hhh) Information exempt from disclosure under
5 Section 30 of the Insurance Data Security Law.
6 (kkk) (iii) Confidential business information
7 prohibited from disclosure under Section 45 of the Paint
8 Stewardship Act.
9 (lll) (Reserved).
10 (mmm) (iii) Information prohibited from being
11 disclosed under subsection (e) of Section 1-129 of the
12 Illinois Power Agency Act.
13 (nnn) Information prohibited from being disclosed
14 under subsection (g) of Section 25 of the Highway Work
15 Zone Safety Act.
16 (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
17 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
18 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
19 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
20 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
21 eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23;
22 revised 1-2-24.)
23 (Text of Section after amendment by P.A. 103-472)
24 Sec. 7.5. Statutory exemptions. To the extent provided for
25 by the statutes referenced below, the following shall be
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1 exempt from inspection and copying:
2 (a) All information determined to be confidential
3 under Section 4002 of the Technology Advancement and
4 Development Act.
5 (b) Library circulation and order records identifying
6 library users with specific materials under the Library
7 Records Confidentiality Act.
8 (c) Applications, related documents, and medical
9 records received by the Experimental Organ Transplantation
10 Procedures Board and any and all documents or other
11 records prepared by the Experimental Organ Transplantation
12 Procedures Board or its staff relating to applications it
13 has received.
14 (d) Information and records held by the Department of
15 Public Health and its authorized representatives relating
16 to known or suspected cases of sexually transmissible
17 disease or any information the disclosure of which is
18 restricted under the Illinois Sexually Transmissible
19 Disease Control Act.
20 (e) Information the disclosure of which is exempted
21 under Section 30 of the Radon Industry Licensing Act.
22 (f) Firm performance evaluations under Section 55 of
23 the Architectural, Engineering, and Land Surveying
24 Qualifications Based Selection Act.
25 (g) Information the disclosure of which is restricted
26 and exempted under Section 50 of the Illinois Prepaid
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1 Tuition Act.
2 (h) Information the disclosure of which is exempted
3 under the State Officials and Employees Ethics Act, and
4 records of any lawfully created State or local inspector
5 general's office that would be exempt if created or
6 obtained by an Executive Inspector General's office under
7 that Act.
8 (i) Information contained in a local emergency energy
9 plan submitted to a municipality in accordance with a
10 local emergency energy plan ordinance that is adopted
11 under Section 11-21.5-5 of the Illinois Municipal Code.
12 (j) Information and data concerning the distribution
13 of surcharge moneys collected and remitted by carriers
14 under the Emergency Telephone System Act.
15 (k) Law enforcement officer identification information
16 or driver identification information compiled by a law
17 enforcement agency or the Department of Transportation
18 under Section 11-212 of the Illinois Vehicle Code.
19 (l) Records and information provided to a residential
20 health care facility resident sexual assault and death
21 review team or the Executive Council under the Abuse
22 Prevention Review Team Act.
23 (m) Information provided to the predatory lending
24 database created pursuant to Article 3 of the Residential
25 Real Property Disclosure Act, except to the extent
26 authorized under that Article.
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1 (n) Defense budgets and petitions for certification of
2 compensation and expenses for court appointed trial
3 counsel as provided under Sections 10 and 15 of the
4 Capital Crimes Litigation Act (repealed). This subsection
5 (n) shall apply until the conclusion of the trial of the
6 case, even if the prosecution chooses not to pursue the
7 death penalty prior to trial or sentencing.
8 (o) Information that is prohibited from being
9 disclosed under Section 4 of the Illinois Health and
10 Hazardous Substances Registry Act.
11 (p) Security portions of system safety program plans,
12 investigation reports, surveys, schedules, lists, data, or
13 information compiled, collected, or prepared by or for the
14 Department of Transportation under Sections 2705-300 and
15 2705-616 of the Department of Transportation Law of the
16 Civil Administrative Code of Illinois, the Regional
17 Transportation Authority under Section 2.11 of the
18 Regional Transportation Authority Act, or the St. Clair
19 County Transit District under the Bi-State Transit Safety
20 Act (repealed).
21 (q) Information prohibited from being disclosed by the
22 Personnel Record Review Act.
23 (r) Information prohibited from being disclosed by the
24 Illinois School Student Records Act.
25 (s) Information the disclosure of which is restricted
26 under Section 5-108 of the Public Utilities Act.
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1 (t) (Blank).
2 (u) Records and information provided to an independent
3 team of experts under the Developmental Disability and
4 Mental Health Safety Act (also known as Brian's Law).
5 (v) Names and information of people who have applied
6 for or received Firearm Owner's Identification Cards under
7 the Firearm Owners Identification Card Act or applied for
8 or received a concealed carry license under the Firearm
9 Concealed Carry Act, unless otherwise authorized by the
10 Firearm Concealed Carry Act; and databases under the
11 Firearm Concealed Carry Act, records of the Concealed
12 Carry Licensing Review Board under the Firearm Concealed
13 Carry Act, and law enforcement agency objections under the
14 Firearm Concealed Carry Act.
15 (v-5) Records of the Firearm Owner's Identification
16 Card Review Board that are exempted from disclosure under
17 Section 10 of the Firearm Owners Identification Card Act.
18 (w) Personally identifiable information which is
19 exempted from disclosure under subsection (g) of Section
20 19.1 of the Toll Highway Act.
21 (x) Information which is exempted from disclosure
22 under Section 5-1014.3 of the Counties Code or Section
23 8-11-21 of the Illinois Municipal Code.
24 (y) Confidential information under the Adult
25 Protective Services Act and its predecessor enabling
26 statute, the Elder Abuse and Neglect Act, including
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1 information about the identity and administrative finding
2 against any caregiver of a verified and substantiated
3 decision of abuse, neglect, or financial exploitation of
4 an eligible adult maintained in the Registry established
5 under Section 7.5 of the Adult Protective Services Act.
6 (z) Records and information provided to a fatality
7 review team or the Illinois Fatality Review Team Advisory
8 Council under Section 15 of the Adult Protective Services
9 Act.
10 (aa) Information which is exempted from disclosure
11 under Section 2.37 of the Wildlife Code.
12 (bb) Information which is or was prohibited from
13 disclosure by the Juvenile Court Act of 1987.
14 (cc) Recordings made under the Law Enforcement
15 Officer-Worn Body Camera Act, except to the extent
16 authorized under that Act.
17 (dd) Information that is prohibited from being
18 disclosed under Section 45 of the Condominium and Common
19 Interest Community Ombudsperson Act.
20 (ee) Information that is exempted from disclosure
21 under Section 30.1 of the Pharmacy Practice Act.
22 (ff) Information that is exempted from disclosure
23 under the Revised Uniform Unclaimed Property Act.
24 (gg) Information that is prohibited from being
25 disclosed under Section 7-603.5 of the Illinois Vehicle
26 Code.
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1 (hh) Records that are exempt from disclosure under
2 Section 1A-16.7 of the Election
Code.
3 (ii) Information which is exempted from disclosure
4 under Section 2505-800 of the Department of Revenue Law of
5 the Civil Administrative Code of Illinois.
6 (jj) Information and reports that are required to be
7 submitted to the Department of Labor by registering day
8 and temporary labor service agencies but are exempt from
9 disclosure under subsection (a-1) of Section 45 of the Day
10 and Temporary Labor Services Act.
11 (kk) Information prohibited from disclosure under the
12 Seizure and Forfeiture Reporting Act.
13 (ll) Information the disclosure of which is restricted
14 and exempted under Section 5-30.8 of the Illinois Public
15 Aid Code.
16 (mm) Records that are exempt from disclosure under
17 Section 4.2 of the Crime Victims Compensation Act.
18 (nn) Information that is exempt from disclosure under
19 Section 70 of the Higher Education Student Assistance Act.
20 (oo) Communications, notes, records, and reports
21 arising out of a peer support counseling session
22 prohibited from disclosure under the First Responders
23 Suicide Prevention Act.
24 (pp) Names and all identifying information relating to
25 an employee of an emergency services provider or law
26 enforcement agency under the First Responders Suicide
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1 Prevention Act.
2 (qq) Information and records held by the Department of
3 Public Health and its authorized representatives collected
4 under the Reproductive Health Act.
5 (rr) Information that is exempt from disclosure under
6 the Cannabis Regulation and Tax Act.
7 (ss) Data reported by an employer to the Department of
8 Human Rights pursuant to Section 2-108 of the Illinois
9 Human Rights Act.
10 (tt) Recordings made under the Children's Advocacy
11 Center Act, except to the extent authorized under that
12 Act.
13 (uu) Information that is exempt from disclosure under
14 Section 50 of the Sexual Assault Evidence Submission Act.
15 (vv) Information that is exempt from disclosure under
16 subsections (f) and (j) of Section 5-36 of the Illinois
17 Public Aid Code.
18 (ww) Information that is exempt from disclosure under
19 Section 16.8 of the State Treasurer Act.
20 (xx) Information that is exempt from disclosure or
21 information that shall not be made public under the
22 Illinois Insurance Code.
23 (yy) Information prohibited from being disclosed under
24 the Illinois Educational Labor Relations Act.
25 (zz) Information prohibited from being disclosed under
26 the Illinois Public Labor Relations Act.
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1 (aaa) Information prohibited from being disclosed
2 under Section 1-167 of the Illinois Pension Code.
3 (bbb) Information that is prohibited from disclosure
4 by the Illinois Police Training Act and the Illinois State
5 Police Act.
6 (ccc) Records exempt from disclosure under Section
7 2605-304 of the Illinois State Police Law of the Civil
8 Administrative Code of Illinois.
9 (ddd) Information prohibited from being disclosed
10 under Section 35 of the Address Confidentiality for
11 Victims of Domestic Violence, Sexual Assault, Human
12 Trafficking, or Stalking Act.
13 (eee) Information prohibited from being disclosed
14 under subsection (b) of Section 75 of the Domestic
15 Violence Fatality Review Act.
16 (fff) Images from cameras under the Expressway Camera
17 Act. This subsection (fff) is inoperative on and after
18 July 1, 2025.
19 (ggg) Information prohibited from disclosure under
20 paragraph (3) of subsection (a) of Section 14 of the Nurse
21 Agency Licensing Act.
22 (hhh) Information submitted to the Illinois State
23 Police in an affidavit or application for an assault
24 weapon endorsement, assault weapon attachment endorsement,
25 .50 caliber rifle endorsement, or .50 caliber cartridge
26 endorsement under the Firearm Owners Identification Card
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1 Act.
2 (iii) Data exempt from disclosure under Section 50 of
3 the School Safety Drill Act.
4 (jjj) (hhh) Information exempt from disclosure under
5 Section 30 of the Insurance Data Security Law.
6 (kkk) (iii) Confidential business information
7 prohibited from disclosure under Section 45 of the Paint
8 Stewardship Act.
9 (lll) (iii) Data exempt from disclosure under Section
10 2-3.196 of the School Code.
11 (mmm) (iii) Information prohibited from being
12 disclosed under subsection (e) of Section 1-129 of the
13 Illinois Power Agency Act.
14 (nnn) Information prohibited from being disclosed
15 under subsection (g) of Section 25 of the Highway Work
16 Zone Safety Act.
17 (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
18 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
19 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
20 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
21 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
22 eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
23 103-580, eff. 12-8-23; revised 1-2-24.)
24 Section 905. The Illinois Vehicle Code is amended by
25 changing Sections 3-400 and 11-612 as follows:
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1 (625 ILCS 5/3-400) (from Ch. 95 1/2, par. 3-400)
2 Sec. 3-400. Definitions. Notwithstanding the definitions
3 set forth in Chapter 1 of this Act, for the purposes of this
4 Article, the following words shall have the meaning ascribed
5 to them as follows:
6 "Apportionable Fee" means any periodic recurring fee
7 required for licensing or registering vehicles, such as, but
8 not limited to, registration fees, license or weight fees.
9 "Apportionable Vehicle" means any vehicle, except
10 recreational vehicles, vehicles displaying restricted plates,
11 city pickup and delivery vehicles, buses used in
12 transportation of chartered parties, and government owned
13 vehicles that are used or intended for use in 2 or more member
14 jurisdictions that allocate or proportionally register
15 vehicles, in a fleet which is used for the transportation of
16 persons for hire or the transportation of property and which
17 has a gross vehicle weight in excess of 26,000 pounds; or has
18 three or more axles regardless of weight; or is used in
19 combination when the weight of such combination exceeds 26,000
20 pounds gross vehicle weight. Vehicles, or combinations having
21 a gross vehicle weight of 26,000 pounds or less and two-axle
22 vehicles may be proportionally registered at the option of
23 such owner.
24 "Base Jurisdiction" means, for purposes of fleet
25 registration, the jurisdiction where the registrant has an
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1 established place of business, where operational records of
2 the fleet are maintained and where mileage is accrued by the
3 fleet. In case a registrant operates more than one fleet, and
4 maintains records for each fleet in different places, the
5 "base jurisdiction" for a fleet shall be the jurisdiction
6 where an established place of business is maintained, where
7 records of the operation of that fleet are maintained and
8 where mileage is accrued by that fleet.
9 "Operational Records" means documents supporting miles
10 traveled in each jurisdiction and total miles traveled, such
11 as fuel reports, trip leases, and logs.
12 "Owner" means a person who holds legal title of a motor
13 vehicle, or in the event a motor vehicle is the subject of an
14 agreement for the conditional sale or lease thereof with the
15 right of purchase upon performance of the conditions stated in
16 the agreement and with an immediate right of possession vested
17 in the conditional vendee or lessee with right of purchase, or
18 in the event a mortgagor of such motor vehicle is entitled to
19 possession, or in the event a lessee of such motor vehicle is
20 entitled to possession or control, then such conditional
21 vendee or lessee with right of purchase or mortgagor or lessee
22 is considered to be the owner for the purpose of this Act.
23 "Registration plate or digital registration plate cover"
24 means any tinted, colored, painted, marked, clear, or
25 illuminated object that is designed to (i) cover any of the
26 characters of a motor vehicle's registration plate or digital
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1 registration plate; or (ii) distort a recorded image of any of
2 the characters of a motor vehicle's registration plate or
3 digital registration plate recorded by an automated
4 enforcement system as defined in Section 11-208.6, 11-208.8,
5 or 11-1201.1 of this Code or recorded by an automated traffic
6 control system as defined in Section 5 of the Highway Work Zone
7 Safety Act. 15 of the Automated Traffic Control Systems in
8 Highway Construction or Maintenance Zones Act.
9 "Rental Owner" means an owner principally engaged, with
10 respect to one or more rental fleets, in renting to others or
11 offering for rental the vehicles of such fleets, without
12 drivers.
13 "Restricted Plates" shall include, but is not limited to,
14 dealer, manufacturer, transporter, farm, repossessor, and
15 permanently mounted type plates. Vehicles displaying any of
16 these type plates from a foreign jurisdiction that is a member
17 of the International Registration Plan shall be granted
18 reciprocity but shall be subject to the same limitations as
19 similar plated Illinois registered vehicles.
20 (Source: P.A. 101-395, eff. 8-16-19.)
21 (625 ILCS 5/11-612)
22 Sec. 11-612. Certain systems to record vehicle speeds
23 prohibited. Except as authorized in the Highway Work Zone
24 Safety Act Automated Traffic Control Systems in Highway
25 Construction or Maintenance Zones Act and Section 11-208.8 of
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1 this Code, no photographic, video, or other imaging system may
2 be used in this State to record vehicle speeds for the purpose
3 of enforcing any law or ordinance regarding a maximum or
4 minimum speed limit unless a law enforcement officer is
5 present at the scene and witnesses the event. No State or local
6 governmental entity, including a home rule county or
7 municipality, may use such a system in a way that is prohibited
8 by this Section. The regulation of the use of such systems is
9 an exclusive power and function of the State. This Section is a
10 denial and limitation of home rule powers and functions under
11 subsection (h) of Section 6 of Article VII of the Illinois
12 Constitution.
13 (Source: P.A. 97-672, eff. 7-1-12.)
14 (625 ILCS 7/Act rep.)
15 Section 910. The Automated Traffic Control Systems in
16 Highway Construction or Maintenance Zones Act is repealed.
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