IL
Illinois House Bill HB5304

Illinois 2023-2024 Regular Session

Illinois House Bill HB5304 Compare Versions

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1+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
2+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5304 Introduced , by Rep. Jaime M. Andrade, Jr. SYNOPSIS AS INTRODUCED:
3+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.
4+New Act
5+5 ILCS 140/7.5
6+625 ILCS 5/3-400 from Ch. 95 1/2, par. 3-400
7+625 ILCS 5/11-612
8+625 ILCS 7/Act rep.
9+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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315 1 AN ACT concerning transportation.
416 2 Be it enacted by the People of the State of Illinois,
517 3 represented in the General Assembly:
618 4 Section 1. Short title. This Act may be cited as the
719 5 Highway Work Zone Safety Act.
820 6 Section 5. Definitions. As used in this Act:
9-7 "Automatic traffic control system" means a photographic
10-8 device, radar device, laser device, or other electrical or
11-9 mechanical device or devices designed to record the speed of a
12-10 vehicle and obtain a clear photograph or other recorded image
13-11 of the vehicle, the vehicle operator, and the vehicle's
14-12 registration plate or digital registration plate while the
15-13 driver is violating Section 11-605.1 of the Illinois Vehicle
16-14 Code. The photograph or other recorded image must also display
17-15 the time, date, and location of the violation. A law
18-16 enforcement officer is not required to be present or to
19-17 witness the violation.
20-18 "Construction or maintenance speed zone" has the same
21-19 meaning given to that term under Section 11-605.1 of the
22-20 Illinois Vehicle Code.
23-21 "Motor vehicle rental company" has the meaning given to
24-22 that term under Section 6-305.3 of the Illinois Vehicle Code.
25-23 "Owner" means a person in whose name a motor vehicle is
21+7 "Authority" means the Illinois State Toll Highway
22+8 Authority.
23+9 "Automatic traffic control system" means a photographic
24+10 device, radar device, laser device, or other electrical or
25+11 mechanical device or devices designed to record the speed of a
26+12 vehicle and obtain a clear photograph or other recorded image
27+13 of the vehicle, the vehicle operator, and the vehicle's
28+14 registration plate or digital registration plate while the
29+15 driver is violating Section 11-605.1 of the Illinois Vehicle
30+16 Code. The photograph or other recorded image must also display
31+17 the time, date, and location of the violation. A law
32+18 enforcement officer is not required to be present or to
33+19 witness the violation.
34+20 "Committee" means the Illinois Traffic Records Safety
35+21 Coordinating Committee.
36+22 "Construction or maintenance speed zone" has the same
37+23 meaning given to that term under Section 11-605.1 of the
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34-1 registered under the laws of this State, another state, or a
35-2 foreign country or under the International Registration Plan.
36-3 "Program" means the Highway Work Zone Speed Control Pilot
37-4 Program created under this Act.
38-5 "Work zone speed limit" means a temporary speed limit
39-6 established for a work zone by the Illinois State Police,
40-7 Department of Transportation, the Illinois State Toll Highway
41-8 Authority, or a unit of local government that has jurisdiction
42-9 over the work zone.
43-10 Section 10. Highway Work Zone Speed Control Pilot Program.
44-11 (a) The Illinois State Police shall establish the Highway
45-12 Work Zone Speed Control Pilot Program for the purposes of
46-13 enforcing the speed limits established for construction or
47-14 maintenance speed zones.
48-15 (b) The Illinois State Police shall administer the Program
49-16 in coordination with the Department of Transportation and the
50-17 Illinois State Toll Highway Authority.
51-18 (c) The Illinois State Police and the Department of
52-19 Transportation shall enter into an agreement to share
53-20 information regarding the Program.
54-21 (d) The Illinois State Police may enter into an agreement
55-22 with a third-party vendor to assist in the administration of
56-23 the Program.
57-24 Section 15. Procedures.
41+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5304 Introduced , by Rep. Jaime M. Andrade, Jr. SYNOPSIS AS INTRODUCED:
42+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.
43+New Act
44+5 ILCS 140/7.5
45+625 ILCS 5/3-400 from Ch. 95 1/2, par. 3-400
46+625 ILCS 5/11-612
47+625 ILCS 7/Act rep.
48+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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57+New Act
58+5 ILCS 140/7.5
59+625 ILCS 5/3-400 from Ch. 95 1/2, par. 3-400
60+625 ILCS 5/11-612
61+625 ILCS 7/Act rep.
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68-1 (a) The Illinois State Police shall install and operate
69-2 automated traffic control systems in highway construction and
70-3 maintenance speed zones to detect violations of posted work
71-4 zone speed limits.
72-5 (b) Before installing an automated traffic control system
73-6 for the purposes of the Program:
74-7 (1) the Illinois State Police shall conduct a public
75-8 information campaign to inform drivers about the use of
76-9 automated traffic control systems to detect speeds in
77-10 excess of a work zone speed limit; and
78-11 (2) the Department of Transportation, in coordination
79-12 with the Illinois State Police, shall post before the
80-13 entrance to a construction or maintenance speed zone in
81-14 which an automated traffic control system is in use
82-15 signage indicating that the work zone speed limit is being
83-16 monitored by an automated traffic control system.
84-17 Section 20. Automated traffic control system operator
85-18 requirements; duties; restrictions. The Illinois State Police
86-19 shall employ automated traffic control system operators to
87-20 operate automated traffic control systems in construction or
88-21 maintenance speed zones. The Illinois State Police may adopt
89-22 any rules necessary to establish requirements, duties, or
90-23 restrictions concerning automated traffic control system
91-24 operators.
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102-1 Section 25. Photograph and recorded images; permitted and
103-2 nonpermitted uses.
104-3 (a) Except as otherwise provided in this Act, information
105-4 and photographs or recorded images collected under the Program
106-5 are not discoverable by court order as evidence in a
107-6 proceeding except to assess a penalty under Section 30 of this
108-7 Act.
109-8 (b) Information and a photograph or recorded image
110-9 collected under the Program must be destroyed not later than 2
111-10 years after the date the information and photograph or
112-11 recorded image is collected.
113-12 (c) Notwithstanding any other provision of law,
114-13 information and photographs or recorded images collected under
115-14 the Program are the exclusive property of the State and not the
116-15 property of the manufacturer or vendor of the automated
117-16 traffic control system.
118-17 (d) Except as otherwise provided under the Illinois
119-18 Vehicle Code or this Act, use of a photograph or recorded image
120-19 obtained through the use of an automated traffic control
121-20 system for the purpose of enforcing a traffic offense is
122-21 prohibited.
123-22 (e) A photograph or recorded image obtained through the
124-23 use of an automated traffic control system may not be used as
125-24 evidence in any action other than an action to collect a work
126-25 zone speed limit fine for which the photograph or recorded
127-26 image was obtained.
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80+1 Illinois Vehicle Code.
81+2 "Department" means the Department of Transportation.
82+3 "Motor vehicle rental company" has the meaning given to
83+4 that term under Section 6-305.3 of the Illinois Vehicle Code.
84+5 "Owner" means a person in whose name a motor vehicle is
85+6 registered under the laws of this State, another state, or a
86+7 foreign country or under the International Registration Plan.
87+8 "Program" means the Highway Work Zone Speed Control Pilot
88+9 Program created under this Act.
89+10 "Work zone speed limit" means a temporary speed limit
90+11 established for a work zone by the Department, the Authority,
91+12 or a unit of local government that has jurisdiction over the
92+13 work zone.
93+14 Section 10. Highway Work Zone Speed Control Pilot Program.
94+15 (a) The Department shall establish the Highway Work Zone
95+16 Speed Control Pilot Program for the purposes of enforcing the
96+17 speed limits established for construction or maintenance speed
97+18 zones.
98+19 (b) The Department shall administer the Program in
99+20 coordination with the State Police and a third-party vendor.
100+21 (c) The Department and the State Police shall enter into
101+22 an agreement to share information regarding the Program.
102+23 (d) The Department may enter into an agreement with a
103+24 third-party vendor to assist in the administration of the
104+25 Program.
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138-1 (f) A photograph or recorded image obtained through the
139-2 use of an automated traffic control system may be used
140-3 internally to administer the Program. However, unless
141-4 authorized by court order, a photograph or recorded image
142-5 obtained through the use of an automated traffic control
143-6 system may not be disclosed to anyone other than:
144-7 (1) the owner of the motor vehicle at the time the
145-8 recorded speed of the motor vehicle exceeded a work zone
146-9 speed limit;
147-10 (2) an individual alleged to have been operating the
148-11 motor vehicle at the time the work zone speed limit was
149-12 exceeded;
150-13 (3) an attorney representing an individual;
151-14 (4) a law enforcement officer;
152-15 (5) the Illinois State Police, the Illinois State Toll
153-16 Highway Authority, or the Department of Transportation; or
154-17 (6) a court.
155-18 (g) The information and recorded images collected under
156-19 the Program are confidential and exempt from disclosure under
157-20 the Freedom of Information Act.
158-21 Section 30. Civil law violation.
159-22 (a) A person who owns a motor vehicle that is identified by
160-23 an automated traffic control system as operating in a
161-24 construction or maintenance speed zone at a speed in excess of
162-25 the posted speed limit commits a civil law violation.
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115+1 Section 15. Procedures.
116+2 (a) The Department shall install and operate an automated
117+3 traffic control system only when:
118+4 (1) highway construction or maintenance is occurring;
119+5 and
120+6 (2) workers are present in the construction or
121+7 maintenance speed zone.
122+8 (b) Before installing an automated traffic control system
123+9 for the purposes of the Program, the Department shall do the
124+10 following:
125+11 (1) conduct a public information campaign to inform
126+12 drivers about the use of an automated traffic control
127+13 system to detect speeds in excess of a work zone speed
128+14 limit; and
129+15 (2) post signage indicating that the work zone speed
130+16 limit is being monitored by an automated traffic control
131+17 system before the entrance to a construction or
132+18 maintenance speed zone in which an automated traffic
133+19 control system is in use.
134+20 Section 20. Maintenance of automated traffic control
135+21 systems.
136+22 (a) An automated traffic control system used in the
137+23 Program shall undergo an annual calibration check performed by
138+24 an independent calibration laboratory selected by the
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173-1 (b) A person found to have committed a violation in
174-2 subsection (a) or subsection (c):
175-3 (1) is guilty of a civil law violation punishable by a
176-4 minimum fine of $100 and a maximum fine of $200. The
177-5 proceeds of the fine shall be payable to the clerk of the
178-6 circuit court. Within one month after the deposit of the
179-7 fine, the clerk shall distribute the proceeds of the fine
180-8 as follows:
181-9 (A) $10 of the fine to the circuit clerk;
182-10 (B) $10 of the fine to the State's Attorney;
183-11 (C) $50 of the fine to the Transportation Safety
184-12 Highway Hire-back Fund in the State treasury;
185-13 (D) any remainder of the fine to the State Police
186-14 Vehicle Fund in the State treasury.
187-15 (2) With respect to funds designated for the Illinois
188-16 State Police, the moneys shall be remitted by the circuit
189-17 court clerk to the Illinois State Police within one month
190-18 after receipt for deposit into the Transportation Safety
191-19 Highway Hire-back Fund and the State Police Vehicle Fund.
192-20 (c) A person found to have committed a third or subsequent
193-21 violation of subsection (a), and found to have failed to pay
194-22 all fines and costs within 30 days of the last judgment,
195-23 commits a separate civil law violation. The State may proceed
196-24 with collections in accordance with the law against a person
197-25 who is guilty under this Act but has failed to pay all fines
198-26 and costs.
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149+1 Department.
150+2 (b) The independent calibration laboratory performing the
151+3 annual calibration check required under subsection (a) shall
152+4 issue a certificate of calibration to the Department for auto
153+5 traffic control system as proof that:
154+6 (1) the annual calibration check was performed; and
155+7 (2) the automated traffic control system is accurately
156+8 calibrated.
157+9 Section 25. Automated traffic control system operator
158+10 requirements; duties; restrictions.
159+11 (a) The Department shall employ automated traffic control
160+12 system operators to operate an automated traffic control
161+13 system at a construction or maintenance speed zone.
162+14 (b) An automated traffic control system operator must be:
163+15 (1) an employee of the Department or a police officer
164+16 employed by the State Police; and
165+17 (2) trained and certified to operate an automated
166+18 traffic control system.
167+19 (c) An automated traffic control system operator must
168+20 complete training by the manufacturer of the automated traffic
169+21 control system in the procedures for deploying, testing, and
170+22 operating an automated traffic control system.
171+23 (d) The manufacturer of the automated traffic control
172+24 system shall issue a certificate of training to an automated
173+25 traffic control system operator upon the successful completion
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209-1 Section 35. Procurement. The Illinois State Police may
210-2 procure such as is necessary to implement and administer this
211-3 Act.
212-4 Section 40. Rulemaking. The Illinois State Police shall
213-5 adopt rules to implement and administer this Act.
214-6 Section 900. The Freedom of Information Act is amended by
215-7 changing Section 7.5 as follows:
216-8 (5 ILCS 140/7.5)
217-9 (Text of Section before amendment by P.A. 103-472)
218-10 Sec. 7.5. Statutory exemptions. To the extent provided for
219-11 by the statutes referenced below, the following shall be
220-12 exempt from inspection and copying:
221-13 (a) All information determined to be confidential
222-14 under Section 4002 of the Technology Advancement and
223-15 Development Act.
224-16 (b) Library circulation and order records identifying
225-17 library users with specific materials under the Library
226-18 Records Confidentiality Act.
227-19 (c) Applications, related documents, and medical
228-20 records received by the Experimental Organ Transplantation
229-21 Procedures Board and any and all documents or other
230-22 records prepared by the Experimental Organ Transplantation
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184+1 of the training required under subsection (c).
185+2 (e) An automated traffic control system operator shall
186+3 complete a daily log for the automated traffic control system
187+4 that contains the following:
188+5 (1) the location of the construction or maintenance
189+6 speed zone where the automated traffic control system is
190+7 deployed;
191+8 (2) the date and time when workers are present at the
192+9 construction or maintenance speed zone;
193+10 (3) the location within the construction or
194+11 maintenance speed zone where workers are present;
195+12 (4) a statement that the automated traffic control
196+13 system operator successfully performed, and the device
197+14 passed, the tests of the automated traffic control system
198+15 specified by the manufacturer before producing a
199+16 photograph or recorded image; and
200+17 (5) the signature of the automated traffic control
201+18 system operator.
202+19 (f) The information and recorded images collected under
203+20 the Program are confidential and exempt from disclosure under
204+21 the Freedom of Information Act.
205+22 Section 30. Photograph and recorded images; permitted and
206+23 nonpermitted uses.
207+24 (a) Except as otherwise provided in this Act, information
208+25 and photographs or recorded images collected under the Program
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241-1 Procedures Board or its staff relating to applications it
242-2 has received.
243-3 (d) Information and records held by the Department of
244-4 Public Health and its authorized representatives relating
245-5 to known or suspected cases of sexually transmissible
246-6 disease or any information the disclosure of which is
247-7 restricted under the Illinois Sexually Transmissible
248-8 Disease Control Act.
249-9 (e) Information the disclosure of which is exempted
250-10 under Section 30 of the Radon Industry Licensing Act.
251-11 (f) Firm performance evaluations under Section 55 of
252-12 the Architectural, Engineering, and Land Surveying
253-13 Qualifications Based Selection Act.
254-14 (g) Information the disclosure of which is restricted
255-15 and exempted under Section 50 of the Illinois Prepaid
256-16 Tuition Act.
257-17 (h) Information the disclosure of which is exempted
258-18 under the State Officials and Employees Ethics Act, and
259-19 records of any lawfully created State or local inspector
260-20 general's office that would be exempt if created or
261-21 obtained by an Executive Inspector General's office under
262-22 that Act.
263-23 (i) Information contained in a local emergency energy
264-24 plan submitted to a municipality in accordance with a
265-25 local emergency energy plan ordinance that is adopted
266-26 under Section 11-21.5-5 of the Illinois Municipal Code.
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219+1 are not discoverable by court order as evidence in a
220+2 proceeding except to assess a penalty under Section 40 of this
221+3 Act.
222+4 (b) Information and a photograph or recorded image
223+5 collected under the Program must be destroyed not later than 2
224+6 years after the date the information and photograph or
225+7 recorded image is collected.
226+8 (c) Notwithstanding any other provision of law,
227+9 information and photographs or recorded images collected under
228+10 the Program are the exclusive property of the State and not the
229+11 property of the manufacturer or vendor of the automated
230+12 traffic control system.
231+13 (d) Except as otherwise provided under the Illinois
232+14 Vehicle Code, use of a photograph or recorded image obtained
233+15 through the use of an automated traffic control system for the
234+16 purpose of enforcing a traffic offense is prohibited.
235+17 (e) A photograph or recorded image obtained through the
236+18 use of an automated traffic control system may not be used as
237+19 evidence in any action other than an action to collect a work
238+20 zone speed limit civil penalty for which the photograph or
239+21 recorded image was obtained.
240+22 (f) A photograph or recorded image obtained through the
241+23 use of an automated traffic control system may be used
242+24 internally to administer the Program. However, unless
243+25 authorized by court order, a photograph or recorded image
244+26 obtained through the use of an automated traffic control
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277-1 (j) Information and data concerning the distribution
278-2 of surcharge moneys collected and remitted by carriers
279-3 under the Emergency Telephone System Act.
280-4 (k) Law enforcement officer identification information
281-5 or driver identification information compiled by a law
282-6 enforcement agency or the Department of Transportation
283-7 under Section 11-212 of the Illinois Vehicle Code.
284-8 (l) Records and information provided to a residential
285-9 health care facility resident sexual assault and death
286-10 review team or the Executive Council under the Abuse
287-11 Prevention Review Team Act.
288-12 (m) Information provided to the predatory lending
289-13 database created pursuant to Article 3 of the Residential
290-14 Real Property Disclosure Act, except to the extent
291-15 authorized under that Article.
292-16 (n) Defense budgets and petitions for certification of
293-17 compensation and expenses for court appointed trial
294-18 counsel as provided under Sections 10 and 15 of the
295-19 Capital Crimes Litigation Act (repealed). This subsection
296-20 (n) shall apply until the conclusion of the trial of the
297-21 case, even if the prosecution chooses not to pursue the
298-22 death penalty prior to trial or sentencing.
299-23 (o) Information that is prohibited from being
300-24 disclosed under Section 4 of the Illinois Health and
301-25 Hazardous Substances Registry Act.
302-26 (p) Security portions of system safety program plans,
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254+ HB5304 - 7 - LRB103 39108 MXP 69248 b
255+1 system may not be disclosed to anyone other than:
256+2 (1) the owner of the motor vehicle at the time the
257+3 recorded speed of the motor vehicle exceeded a work zone
258+4 speed limit;
259+5 (2) an individual alleged to have been operating the
260+6 motor vehicle at the time the works zone speed limit was
261+7 exceeded;
262+8 (3) an attorney representing an individual;
263+9 (4) a law enforcement officer;
264+10 (5) the Authority or Department;
265+11 (6) a law enforcement officer; or
266+12 (7) the court in a proceeding for judicial review.
267+13 Section 35. Liability.
268+14 (a) Except as provided in subsection (d), the owner of a
269+15 motor vehicle identified through an automated traffic control
270+16 system is liable for the civil penalty described in section 40
271+17 of this Act for exceeding a work zone speed limit.
272+18 (b) There is a rebuttable presumption that the owner of a
273+19 motor vehicle that is the subject of a photograph or recorded
274+20 image was operating the motor vehicle when the photograph or
275+21 recorded image was obtained through an automated traffic
276+22 control system.
277+23 (c) The presumption under subsection (b) does not apply to
278+24 an owner of a motor vehicle that is a motor vehicle rental
279+25 company.
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313-1 investigation reports, surveys, schedules, lists, data, or
314-2 information compiled, collected, or prepared by or for the
315-3 Department of Transportation under Sections 2705-300 and
316-4 2705-616 of the Department of Transportation Law of the
317-5 Civil Administrative Code of Illinois, the Regional
318-6 Transportation Authority under Section 2.11 of the
319-7 Regional Transportation Authority Act, or the St. Clair
320-8 County Transit District under the Bi-State Transit Safety
321-9 Act (repealed).
322-10 (q) Information prohibited from being disclosed by the
323-11 Personnel Record Review Act.
324-12 (r) Information prohibited from being disclosed by the
325-13 Illinois School Student Records Act.
326-14 (s) Information the disclosure of which is restricted
327-15 under Section 5-108 of the Public Utilities Act.
328-16 (t) (Blank).
329-17 (u) Records and information provided to an independent
330-18 team of experts under the Developmental Disability and
331-19 Mental Health Safety Act (also known as Brian's Law).
332-20 (v) Names and information of people who have applied
333-21 for or received Firearm Owner's Identification Cards under
334-22 the Firearm Owners Identification Card Act or applied for
335-23 or received a concealed carry license under the Firearm
336-24 Concealed Carry Act, unless otherwise authorized by the
337-25 Firearm Concealed Carry Act; and databases under the
338-26 Firearm Concealed Carry Act, records of the Concealed
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289+ HB5304 - 8 - LRB103 39108 MXP 69248 b
290+1 (d) The owner of a motor vehicle may submit information as
291+2 determined by the Department to rebut the presumption created
292+3 by subsection (b).
293+4 (e) It is a defense under this Section if any of the
294+5 following apply:
295+6 (1) The person receiving a notice of violation issued
296+7 under this Act:
297+8 (A) was not the owner of the motor vehicle; or
298+9 (B) was not driving the motor vehicle at the time
299+10 that the work zone speed limit was exceeded.
300+11 (2) The vehicle was reported stolen prior to the time
301+12 that the work zone speed limit was exceeded and was not
302+13 recovered prior to that time.
303+14 (3) The automated traffic control system was not
304+15 properly tested for accuracy, certification, or
305+16 calibration.
306+17 (4) Workers were not present in the construction or
307+18 maintenance speed zone at the time that the work zone
308+19 speed limit was exceeded.
309+20 Section 40. Civil penalties.
310+21 (a) This Section does not apply to a person who has been
311+22 charged with an infraction for a violation of Section 11-605.1
312+23 of the Illinois Vehicle Code for the same offense.
313+24 (b) The Department shall assess a civil penalty against a
314+25 person who exceeds a work zone speed limit if the automated
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349-1 Carry Licensing Review Board under the Firearm Concealed
350-2 Carry Act, and law enforcement agency objections under the
351-3 Firearm Concealed Carry Act.
352-4 (v-5) Records of the Firearm Owner's Identification
353-5 Card Review Board that are exempted from disclosure under
354-6 Section 10 of the Firearm Owners Identification Card Act.
355-7 (w) Personally identifiable information which is
356-8 exempted from disclosure under subsection (g) of Section
357-9 19.1 of the Toll Highway Act.
358-10 (x) Information which is exempted from disclosure
359-11 under Section 5-1014.3 of the Counties Code or Section
360-12 8-11-21 of the Illinois Municipal Code.
361-13 (y) Confidential information under the Adult
362-14 Protective Services Act and its predecessor enabling
363-15 statute, the Elder Abuse and Neglect Act, including
364-16 information about the identity and administrative finding
365-17 against any caregiver of a verified and substantiated
366-18 decision of abuse, neglect, or financial exploitation of
367-19 an eligible adult maintained in the Registry established
368-20 under Section 7.5 of the Adult Protective Services Act.
369-21 (z) Records and information provided to a fatality
370-22 review team or the Illinois Fatality Review Team Advisory
371-23 Council under Section 15 of the Adult Protective Services
372-24 Act.
373-25 (aa) Information which is exempted from disclosure
374-26 under Section 2.37 of the Wildlife Code.
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325+1 traffic control system indicates that the operator of a motor
326+2 vehicle has exceeded the work speed limit by at least eleven 11
327+3 miles per hour.
328+4 (c) A person who exceeds a work zone speed limit that is
329+5 detected under this Act is subject to the following civil
330+6 penalties:
331+7 (1) A written warning for the first violation.
332+8 (2) A civil penalty of $75 for the second violation.
333+9 (3) A civil penalty of $150 for the third and each
334+10 subsequent violation.
335+11 (d) A civil penalty collected under this Section shall be
336+12 deposited into the State General Fund.
337+13 (e) A person assessed a civil penalty under this Act is not
338+14 liable for an infraction for a violation of Section 11-605.1
339+15 of the Illinois Vehicle Code.
340+16 Section 45. Reports.
341+17 (a) Not later than November 1 of each year, the Department
342+18 must submit a report to the Committee that includes the
343+19 following:
344+20 (1) the number of motor vehicle accidents and related
345+21 serious injuries and deaths that occurred in each
346+22 construction or maintenance speed zone where an automated
347+23 traffic control system was operated;
348+24 (2) data related to the speed of motor vehicles
349+25 traveling through a construction or maintenance speed zone
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385-1 (bb) Information which is or was prohibited from
386-2 disclosure by the Juvenile Court Act of 1987.
387-3 (cc) Recordings made under the Law Enforcement
388-4 Officer-Worn Body Camera Act, except to the extent
389-5 authorized under that Act.
390-6 (dd) Information that is prohibited from being
391-7 disclosed under Section 45 of the Condominium and Common
392-8 Interest Community Ombudsperson Act.
393-9 (ee) Information that is exempted from disclosure
394-10 under Section 30.1 of the Pharmacy Practice Act.
395-11 (ff) Information that is exempted from disclosure
396-12 under the Revised Uniform Unclaimed Property Act.
397-13 (gg) Information that is prohibited from being
398-14 disclosed under Section 7-603.5 of the Illinois Vehicle
399-15 Code.
400-16 (hh) Records that are exempt from disclosure under
401-17 Section 1A-16.7 of the Election Code.
402-18 (ii) Information which is exempted from disclosure
403-19 under Section 2505-800 of the Department of Revenue Law of
404-20 the Civil Administrative Code of Illinois.
405-21 (jj) Information and reports that are required to be
406-22 submitted to the Department of Labor by registering day
407-23 and temporary labor service agencies but are exempt from
408-24 disclosure under subsection (a-1) of Section 45 of the Day
409-25 and Temporary Labor Services Act.
410-26 (kk) Information prohibited from disclosure under the
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359+ HB5304 - 10 - LRB103 39108 MXP 69248 b
360+1 where an automated traffic control system was operated;
361+2 (3) the number of violations issued in a construction
362+3 or maintenance speed zone where an automated traffic
363+4 control system was operated; and
364+5 (4) the amount of fines imposed for violations
365+6 occurring in a construction or maintenance speed zone
366+7 where an automated traffic control system was operated.
367+8 (b) Not later than July 1, 2028, the Department must
368+9 submit a report to the Committee that provides a summary of the
369+10 impact of the use of automated traffic control systems in
370+11 construction or maintenance speed zone.
371+12 (c) A report under this Section must be submitted to the
372+13 Committee in an electronic format.
373+14 Section 50. Rulemaking. The Department shall adopt rules
374+15 to implement this Act, including, but not limited to, rules
375+16 establishing procedures for notices, hearings, and appeals
376+17 under this Act.
377+18 Section 900. The Freedom of Information Act is amended by
378+19 changing Section 7.5 as follows:
379+20 (5 ILCS 140/7.5)
380+21 (Text of Section before amendment by P.A. 103-472)
381+22 Sec. 7.5. Statutory exemptions. To the extent provided for
382+23 by the statutes referenced below, the following shall be
411383
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415387
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420- HB5304 Engrossed - 13 - LRB103 39108 MXP 69248 b
421-1 Seizure and Forfeiture Reporting Act.
422-2 (ll) Information the disclosure of which is restricted
423-3 and exempted under Section 5-30.8 of the Illinois Public
424-4 Aid Code.
425-5 (mm) Records that are exempt from disclosure under
426-6 Section 4.2 of the Crime Victims Compensation Act.
427-7 (nn) Information that is exempt from disclosure under
428-8 Section 70 of the Higher Education Student Assistance Act.
429-9 (oo) Communications, notes, records, and reports
430-10 arising out of a peer support counseling session
431-11 prohibited from disclosure under the First Responders
432-12 Suicide Prevention Act.
433-13 (pp) Names and all identifying information relating to
434-14 an employee of an emergency services provider or law
435-15 enforcement agency under the First Responders Suicide
436-16 Prevention Act.
437-17 (qq) Information and records held by the Department of
438-18 Public Health and its authorized representatives collected
439-19 under the Reproductive Health Act.
440-20 (rr) Information that is exempt from disclosure under
441-21 the Cannabis Regulation and Tax Act.
442-22 (ss) Data reported by an employer to the Department of
443-23 Human Rights pursuant to Section 2-108 of the Illinois
444-24 Human Rights Act.
445-25 (tt) Recordings made under the Children's Advocacy
446-26 Center Act, except to the extent authorized under that
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392+ HB5304 - 11 - LRB103 39108 MXP 69248 b
393+1 exempt from inspection and copying:
394+2 (a) All information determined to be confidential
395+3 under Section 4002 of the Technology Advancement and
396+4 Development Act.
397+5 (b) Library circulation and order records identifying
398+6 library users with specific materials under the Library
399+7 Records Confidentiality Act.
400+8 (c) Applications, related documents, and medical
401+9 records received by the Experimental Organ Transplantation
402+10 Procedures Board and any and all documents or other
403+11 records prepared by the Experimental Organ Transplantation
404+12 Procedures Board or its staff relating to applications it
405+13 has received.
406+14 (d) Information and records held by the Department of
407+15 Public Health and its authorized representatives relating
408+16 to known or suspected cases of sexually transmissible
409+17 disease or any information the disclosure of which is
410+18 restricted under the Illinois Sexually Transmissible
411+19 Disease Control Act.
412+20 (e) Information the disclosure of which is exempted
413+21 under Section 30 of the Radon Industry Licensing Act.
414+22 (f) Firm performance evaluations under Section 55 of
415+23 the Architectural, Engineering, and Land Surveying
416+24 Qualifications Based Selection Act.
417+25 (g) Information the disclosure of which is restricted
418+26 and exempted under Section 50 of the Illinois Prepaid
447419
448420
449421
450422
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456- HB5304 Engrossed - 14 - LRB103 39108 MXP 69248 b
457-1 Act.
458-2 (uu) Information that is exempt from disclosure under
459-3 Section 50 of the Sexual Assault Evidence Submission Act.
460-4 (vv) Information that is exempt from disclosure under
461-5 subsections (f) and (j) of Section 5-36 of the Illinois
462-6 Public Aid Code.
463-7 (ww) Information that is exempt from disclosure under
464-8 Section 16.8 of the State Treasurer Act.
465-9 (xx) Information that is exempt from disclosure or
466-10 information that shall not be made public under the
467-11 Illinois Insurance Code.
468-12 (yy) Information prohibited from being disclosed under
469-13 the Illinois Educational Labor Relations Act.
470-14 (zz) Information prohibited from being disclosed under
471-15 the Illinois Public Labor Relations Act.
472-16 (aaa) Information prohibited from being disclosed
473-17 under Section 1-167 of the Illinois Pension Code.
474-18 (bbb) Information that is prohibited from disclosure
475-19 by the Illinois Police Training Act and the Illinois State
476-20 Police Act.
477-21 (ccc) Records exempt from disclosure under Section
478-22 2605-304 of the Illinois State Police Law of the Civil
479-23 Administrative Code of Illinois.
480-24 (ddd) Information prohibited from being disclosed
481-25 under Section 35 of the Address Confidentiality for
482-26 Victims of Domestic Violence, Sexual Assault, Human
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428+ HB5304 - 12 - LRB103 39108 MXP 69248 b
429+1 Tuition Act.
430+2 (h) Information the disclosure of which is exempted
431+3 under the State Officials and Employees Ethics Act, and
432+4 records of any lawfully created State or local inspector
433+5 general's office that would be exempt if created or
434+6 obtained by an Executive Inspector General's office under
435+7 that Act.
436+8 (i) Information contained in a local emergency energy
437+9 plan submitted to a municipality in accordance with a
438+10 local emergency energy plan ordinance that is adopted
439+11 under Section 11-21.5-5 of the Illinois Municipal Code.
440+12 (j) Information and data concerning the distribution
441+13 of surcharge moneys collected and remitted by carriers
442+14 under the Emergency Telephone System Act.
443+15 (k) Law enforcement officer identification information
444+16 or driver identification information compiled by a law
445+17 enforcement agency or the Department of Transportation
446+18 under Section 11-212 of the Illinois Vehicle Code.
447+19 (l) Records and information provided to a residential
448+20 health care facility resident sexual assault and death
449+21 review team or the Executive Council under the Abuse
450+22 Prevention Review Team Act.
451+23 (m) Information provided to the predatory lending
452+24 database created pursuant to Article 3 of the Residential
453+25 Real Property Disclosure Act, except to the extent
454+26 authorized under that Article.
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484456
485457
486458
487459
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489461
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492- HB5304 Engrossed - 15 - LRB103 39108 MXP 69248 b
493-1 Trafficking, or Stalking Act.
494-2 (eee) Information prohibited from being disclosed
495-3 under subsection (b) of Section 75 of the Domestic
496-4 Violence Fatality Review Act.
497-5 (fff) Images from cameras under the Expressway Camera
498-6 Act. This subsection (fff) is inoperative on and after
499-7 July 1, 2025.
500-8 (ggg) Information prohibited from disclosure under
501-9 paragraph (3) of subsection (a) of Section 14 of the Nurse
502-10 Agency Licensing Act.
503-11 (hhh) Information submitted to the Illinois State
504-12 Police in an affidavit or application for an assault
505-13 weapon endorsement, assault weapon attachment endorsement,
506-14 .50 caliber rifle endorsement, or .50 caliber cartridge
507-15 endorsement under the Firearm Owners Identification Card
508-16 Act.
509-17 (iii) Data exempt from disclosure under Section 50 of
510-18 the School Safety Drill Act.
511-19 (jjj) (hhh) Information exempt from disclosure under
512-20 Section 30 of the Insurance Data Security Law.
513-21 (kkk) (iii) Confidential business information
514-22 prohibited from disclosure under Section 45 of the Paint
515-23 Stewardship Act.
516-24 (lll) (Reserved).
517-25 (mmm) (iii) Information prohibited from being
518-26 disclosed under subsection (e) of Section 1-129 of the
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464+ HB5304 - 13 - LRB103 39108 MXP 69248 b
465+1 (n) Defense budgets and petitions for certification of
466+2 compensation and expenses for court appointed trial
467+3 counsel as provided under Sections 10 and 15 of the
468+4 Capital Crimes Litigation Act (repealed). This subsection
469+5 (n) shall apply until the conclusion of the trial of the
470+6 case, even if the prosecution chooses not to pursue the
471+7 death penalty prior to trial or sentencing.
472+8 (o) Information that is prohibited from being
473+9 disclosed under Section 4 of the Illinois Health and
474+10 Hazardous Substances Registry Act.
475+11 (p) Security portions of system safety program plans,
476+12 investigation reports, surveys, schedules, lists, data, or
477+13 information compiled, collected, or prepared by or for the
478+14 Department of Transportation under Sections 2705-300 and
479+15 2705-616 of the Department of Transportation Law of the
480+16 Civil Administrative Code of Illinois, the Regional
481+17 Transportation Authority under Section 2.11 of the
482+18 Regional Transportation Authority Act, or the St. Clair
483+19 County Transit District under the Bi-State Transit Safety
484+20 Act (repealed).
485+21 (q) Information prohibited from being disclosed by the
486+22 Personnel Record Review Act.
487+23 (r) Information prohibited from being disclosed by the
488+24 Illinois School Student Records Act.
489+25 (s) Information the disclosure of which is restricted
490+26 under Section 5-108 of the Public Utilities Act.
519491
520492
521493
522494
523495
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529-1 Illinois Power Agency Act.
530-2 (nnn) Information prohibited from being disclosed
531-3 under subsection (g) of Section 25 of the Highway Work
532-4 Zone Safety Act.
533-5 (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
534-6 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
535-7 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
536-8 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
537-9 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
538-10 eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23;
539-11 revised 1-2-24.)
540-12 (Text of Section after amendment by P.A. 103-472)
541-13 Sec. 7.5. Statutory exemptions. To the extent provided for
542-14 by the statutes referenced below, the following shall be
543-15 exempt from inspection and copying:
544-16 (a) All information determined to be confidential
545-17 under Section 4002 of the Technology Advancement and
546-18 Development Act.
547-19 (b) Library circulation and order records identifying
548-20 library users with specific materials under the Library
549-21 Records Confidentiality Act.
550-22 (c) Applications, related documents, and medical
551-23 records received by the Experimental Organ Transplantation
552-24 Procedures Board and any and all documents or other
553-25 records prepared by the Experimental Organ Transplantation
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500+ HB5304 - 14 - LRB103 39108 MXP 69248 b
501+1 (t) (Blank).
502+2 (u) Records and information provided to an independent
503+3 team of experts under the Developmental Disability and
504+4 Mental Health Safety Act (also known as Brian's Law).
505+5 (v) Names and information of people who have applied
506+6 for or received Firearm Owner's Identification Cards under
507+7 the Firearm Owners Identification Card Act or applied for
508+8 or received a concealed carry license under the Firearm
509+9 Concealed Carry Act, unless otherwise authorized by the
510+10 Firearm Concealed Carry Act; and databases under the
511+11 Firearm Concealed Carry Act, records of the Concealed
512+12 Carry Licensing Review Board under the Firearm Concealed
513+13 Carry Act, and law enforcement agency objections under the
514+14 Firearm Concealed Carry Act.
515+15 (v-5) Records of the Firearm Owner's Identification
516+16 Card Review Board that are exempted from disclosure under
517+17 Section 10 of the Firearm Owners Identification Card Act.
518+18 (w) Personally identifiable information which is
519+19 exempted from disclosure under subsection (g) of Section
520+20 19.1 of the Toll Highway Act.
521+21 (x) Information which is exempted from disclosure
522+22 under Section 5-1014.3 of the Counties Code or Section
523+23 8-11-21 of the Illinois Municipal Code.
524+24 (y) Confidential information under the Adult
525+25 Protective Services Act and its predecessor enabling
526+26 statute, the Elder Abuse and Neglect Act, including
554527
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556529
557530
558531
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564-1 Procedures Board or its staff relating to applications it
565-2 has received.
566-3 (d) Information and records held by the Department of
567-4 Public Health and its authorized representatives relating
568-5 to known or suspected cases of sexually transmissible
569-6 disease or any information the disclosure of which is
570-7 restricted under the Illinois Sexually Transmissible
571-8 Disease Control Act.
572-9 (e) Information the disclosure of which is exempted
573-10 under Section 30 of the Radon Industry Licensing Act.
574-11 (f) Firm performance evaluations under Section 55 of
575-12 the Architectural, Engineering, and Land Surveying
576-13 Qualifications Based Selection Act.
577-14 (g) Information the disclosure of which is restricted
578-15 and exempted under Section 50 of the Illinois Prepaid
579-16 Tuition Act.
580-17 (h) Information the disclosure of which is exempted
581-18 under the State Officials and Employees Ethics Act, and
582-19 records of any lawfully created State or local inspector
583-20 general's office that would be exempt if created or
584-21 obtained by an Executive Inspector General's office under
585-22 that Act.
586-23 (i) Information contained in a local emergency energy
587-24 plan submitted to a municipality in accordance with a
588-25 local emergency energy plan ordinance that is adopted
589-26 under Section 11-21.5-5 of the Illinois Municipal Code.
535+HB5304- 15 -LRB103 39108 MXP 69248 b HB5304 - 15 - LRB103 39108 MXP 69248 b
536+ HB5304 - 15 - LRB103 39108 MXP 69248 b
537+1 information about the identity and administrative finding
538+2 against any caregiver of a verified and substantiated
539+3 decision of abuse, neglect, or financial exploitation of
540+4 an eligible adult maintained in the Registry established
541+5 under Section 7.5 of the Adult Protective Services Act.
542+6 (z) Records and information provided to a fatality
543+7 review team or the Illinois Fatality Review Team Advisory
544+8 Council under Section 15 of the Adult Protective Services
545+9 Act.
546+10 (aa) Information which is exempted from disclosure
547+11 under Section 2.37 of the Wildlife Code.
548+12 (bb) Information which is or was prohibited from
549+13 disclosure by the Juvenile Court Act of 1987.
550+14 (cc) Recordings made under the Law Enforcement
551+15 Officer-Worn Body Camera Act, except to the extent
552+16 authorized under that Act.
553+17 (dd) Information that is prohibited from being
554+18 disclosed under Section 45 of the Condominium and Common
555+19 Interest Community Ombudsperson Act.
556+20 (ee) Information that is exempted from disclosure
557+21 under Section 30.1 of the Pharmacy Practice Act.
558+22 (ff) Information that is exempted from disclosure
559+23 under the Revised Uniform Unclaimed Property Act.
560+24 (gg) Information that is prohibited from being
561+25 disclosed under Section 7-603.5 of the Illinois Vehicle
562+26 Code.
590563
591564
592565
593566
594567
595- HB5304 Engrossed - 17 - LRB103 39108 MXP 69248 b
568+ HB5304 - 15 - LRB103 39108 MXP 69248 b
596569
597570
598-HB5304 Engrossed- 18 -LRB103 39108 MXP 69248 b HB5304 Engrossed - 18 - LRB103 39108 MXP 69248 b
599- HB5304 Engrossed - 18 - LRB103 39108 MXP 69248 b
600-1 (j) Information and data concerning the distribution
601-2 of surcharge moneys collected and remitted by carriers
602-3 under the Emergency Telephone System Act.
603-4 (k) Law enforcement officer identification information
604-5 or driver identification information compiled by a law
605-6 enforcement agency or the Department of Transportation
606-7 under Section 11-212 of the Illinois Vehicle Code.
607-8 (l) Records and information provided to a residential
608-9 health care facility resident sexual assault and death
609-10 review team or the Executive Council under the Abuse
610-11 Prevention Review Team Act.
611-12 (m) Information provided to the predatory lending
612-13 database created pursuant to Article 3 of the Residential
613-14 Real Property Disclosure Act, except to the extent
614-15 authorized under that Article.
615-16 (n) Defense budgets and petitions for certification of
616-17 compensation and expenses for court appointed trial
617-18 counsel as provided under Sections 10 and 15 of the
618-19 Capital Crimes Litigation Act (repealed). This subsection
619-20 (n) shall apply until the conclusion of the trial of the
620-21 case, even if the prosecution chooses not to pursue the
621-22 death penalty prior to trial or sentencing.
622-23 (o) Information that is prohibited from being
623-24 disclosed under Section 4 of the Illinois Health and
624-25 Hazardous Substances Registry Act.
625-26 (p) Security portions of system safety program plans,
571+HB5304- 16 -LRB103 39108 MXP 69248 b HB5304 - 16 - LRB103 39108 MXP 69248 b
572+ HB5304 - 16 - LRB103 39108 MXP 69248 b
573+1 (hh) Records that are exempt from disclosure under
574+2 Section 1A-16.7 of the Election Code.
575+3 (ii) Information which is exempted from disclosure
576+4 under Section 2505-800 of the Department of Revenue Law of
577+5 the Civil Administrative Code of Illinois.
578+6 (jj) Information and reports that are required to be
579+7 submitted to the Department of Labor by registering day
580+8 and temporary labor service agencies but are exempt from
581+9 disclosure under subsection (a-1) of Section 45 of the Day
582+10 and Temporary Labor Services Act.
583+11 (kk) Information prohibited from disclosure under the
584+12 Seizure and Forfeiture Reporting Act.
585+13 (ll) Information the disclosure of which is restricted
586+14 and exempted under Section 5-30.8 of the Illinois Public
587+15 Aid Code.
588+16 (mm) Records that are exempt from disclosure under
589+17 Section 4.2 of the Crime Victims Compensation Act.
590+18 (nn) Information that is exempt from disclosure under
591+19 Section 70 of the Higher Education Student Assistance Act.
592+20 (oo) Communications, notes, records, and reports
593+21 arising out of a peer support counseling session
594+22 prohibited from disclosure under the First Responders
595+23 Suicide Prevention Act.
596+24 (pp) Names and all identifying information relating to
597+25 an employee of an emergency services provider or law
598+26 enforcement agency under the First Responders Suicide
626599
627600
628601
629602
630603
631- HB5304 Engrossed - 18 - LRB103 39108 MXP 69248 b
604+ HB5304 - 16 - LRB103 39108 MXP 69248 b
632605
633606
634-HB5304 Engrossed- 19 -LRB103 39108 MXP 69248 b HB5304 Engrossed - 19 - LRB103 39108 MXP 69248 b
635- HB5304 Engrossed - 19 - LRB103 39108 MXP 69248 b
636-1 investigation reports, surveys, schedules, lists, data, or
637-2 information compiled, collected, or prepared by or for the
638-3 Department of Transportation under Sections 2705-300 and
639-4 2705-616 of the Department of Transportation Law of the
640-5 Civil Administrative Code of Illinois, the Regional
641-6 Transportation Authority under Section 2.11 of the
642-7 Regional Transportation Authority Act, or the St. Clair
643-8 County Transit District under the Bi-State Transit Safety
644-9 Act (repealed).
645-10 (q) Information prohibited from being disclosed by the
646-11 Personnel Record Review Act.
647-12 (r) Information prohibited from being disclosed by the
648-13 Illinois School Student Records Act.
649-14 (s) Information the disclosure of which is restricted
650-15 under Section 5-108 of the Public Utilities Act.
651-16 (t) (Blank).
652-17 (u) Records and information provided to an independent
653-18 team of experts under the Developmental Disability and
654-19 Mental Health Safety Act (also known as Brian's Law).
655-20 (v) Names and information of people who have applied
656-21 for or received Firearm Owner's Identification Cards under
657-22 the Firearm Owners Identification Card Act or applied for
658-23 or received a concealed carry license under the Firearm
659-24 Concealed Carry Act, unless otherwise authorized by the
660-25 Firearm Concealed Carry Act; and databases under the
661-26 Firearm Concealed Carry Act, records of the Concealed
607+HB5304- 17 -LRB103 39108 MXP 69248 b HB5304 - 17 - LRB103 39108 MXP 69248 b
608+ HB5304 - 17 - LRB103 39108 MXP 69248 b
609+1 Prevention Act.
610+2 (qq) Information and records held by the Department of
611+3 Public Health and its authorized representatives collected
612+4 under the Reproductive Health Act.
613+5 (rr) Information that is exempt from disclosure under
614+6 the Cannabis Regulation and Tax Act.
615+7 (ss) Data reported by an employer to the Department of
616+8 Human Rights pursuant to Section 2-108 of the Illinois
617+9 Human Rights Act.
618+10 (tt) Recordings made under the Children's Advocacy
619+11 Center Act, except to the extent authorized under that
620+12 Act.
621+13 (uu) Information that is exempt from disclosure under
622+14 Section 50 of the Sexual Assault Evidence Submission Act.
623+15 (vv) Information that is exempt from disclosure under
624+16 subsections (f) and (j) of Section 5-36 of the Illinois
625+17 Public Aid Code.
626+18 (ww) Information that is exempt from disclosure under
627+19 Section 16.8 of the State Treasurer Act.
628+20 (xx) Information that is exempt from disclosure or
629+21 information that shall not be made public under the
630+22 Illinois Insurance Code.
631+23 (yy) Information prohibited from being disclosed under
632+24 the Illinois Educational Labor Relations Act.
633+25 (zz) Information prohibited from being disclosed under
634+26 the Illinois Public Labor Relations Act.
662635
663636
664637
665638
666639
667- HB5304 Engrossed - 19 - LRB103 39108 MXP 69248 b
640+ HB5304 - 17 - LRB103 39108 MXP 69248 b
668641
669642
670-HB5304 Engrossed- 20 -LRB103 39108 MXP 69248 b HB5304 Engrossed - 20 - LRB103 39108 MXP 69248 b
671- HB5304 Engrossed - 20 - LRB103 39108 MXP 69248 b
672-1 Carry Licensing Review Board under the Firearm Concealed
673-2 Carry Act, and law enforcement agency objections under the
674-3 Firearm Concealed Carry Act.
675-4 (v-5) Records of the Firearm Owner's Identification
676-5 Card Review Board that are exempted from disclosure under
677-6 Section 10 of the Firearm Owners Identification Card Act.
678-7 (w) Personally identifiable information which is
679-8 exempted from disclosure under subsection (g) of Section
680-9 19.1 of the Toll Highway Act.
681-10 (x) Information which is exempted from disclosure
682-11 under Section 5-1014.3 of the Counties Code or Section
683-12 8-11-21 of the Illinois Municipal Code.
684-13 (y) Confidential information under the Adult
685-14 Protective Services Act and its predecessor enabling
686-15 statute, the Elder Abuse and Neglect Act, including
687-16 information about the identity and administrative finding
688-17 against any caregiver of a verified and substantiated
689-18 decision of abuse, neglect, or financial exploitation of
690-19 an eligible adult maintained in the Registry established
691-20 under Section 7.5 of the Adult Protective Services Act.
692-21 (z) Records and information provided to a fatality
693-22 review team or the Illinois Fatality Review Team Advisory
694-23 Council under Section 15 of the Adult Protective Services
695-24 Act.
696-25 (aa) Information which is exempted from disclosure
697-26 under Section 2.37 of the Wildlife Code.
643+HB5304- 18 -LRB103 39108 MXP 69248 b HB5304 - 18 - LRB103 39108 MXP 69248 b
644+ HB5304 - 18 - LRB103 39108 MXP 69248 b
645+1 (aaa) Information prohibited from being disclosed
646+2 under Section 1-167 of the Illinois Pension Code.
647+3 (bbb) Information that is prohibited from disclosure
648+4 by the Illinois Police Training Act and the Illinois State
649+5 Police Act.
650+6 (ccc) Records exempt from disclosure under Section
651+7 2605-304 of the Illinois State Police Law of the Civil
652+8 Administrative Code of Illinois.
653+9 (ddd) Information prohibited from being disclosed
654+10 under Section 35 of the Address Confidentiality for
655+11 Victims of Domestic Violence, Sexual Assault, Human
656+12 Trafficking, or Stalking Act.
657+13 (eee) Information prohibited from being disclosed
658+14 under subsection (b) of Section 75 of the Domestic
659+15 Violence Fatality Review Act.
660+16 (fff) Images from cameras under the Expressway Camera
661+17 Act. This subsection (fff) is inoperative on and after
662+18 July 1, 2025.
663+19 (ggg) Information prohibited from disclosure under
664+20 paragraph (3) of subsection (a) of Section 14 of the Nurse
665+21 Agency Licensing Act.
666+22 (hhh) Information submitted to the Illinois State
667+23 Police in an affidavit or application for an assault
668+24 weapon endorsement, assault weapon attachment endorsement,
669+25 .50 caliber rifle endorsement, or .50 caliber cartridge
670+26 endorsement under the Firearm Owners Identification Card
698671
699672
700673
701674
702675
703- HB5304 Engrossed - 20 - LRB103 39108 MXP 69248 b
676+ HB5304 - 18 - LRB103 39108 MXP 69248 b
704677
705678
706-HB5304 Engrossed- 21 -LRB103 39108 MXP 69248 b HB5304 Engrossed - 21 - LRB103 39108 MXP 69248 b
707- HB5304 Engrossed - 21 - LRB103 39108 MXP 69248 b
708-1 (bb) Information which is or was prohibited from
709-2 disclosure by the Juvenile Court Act of 1987.
710-3 (cc) Recordings made under the Law Enforcement
711-4 Officer-Worn Body Camera Act, except to the extent
712-5 authorized under that Act.
713-6 (dd) Information that is prohibited from being
714-7 disclosed under Section 45 of the Condominium and Common
715-8 Interest Community Ombudsperson Act.
716-9 (ee) Information that is exempted from disclosure
717-10 under Section 30.1 of the Pharmacy Practice Act.
718-11 (ff) Information that is exempted from disclosure
719-12 under the Revised Uniform Unclaimed Property Act.
720-13 (gg) Information that is prohibited from being
721-14 disclosed under Section 7-603.5 of the Illinois Vehicle
722-15 Code.
723-16 (hh) Records that are exempt from disclosure under
724-17 Section 1A-16.7 of the Election Code.
725-18 (ii) Information which is exempted from disclosure
726-19 under Section 2505-800 of the Department of Revenue Law of
727-20 the Civil Administrative Code of Illinois.
728-21 (jj) Information and reports that are required to be
729-22 submitted to the Department of Labor by registering day
730-23 and temporary labor service agencies but are exempt from
731-24 disclosure under subsection (a-1) of Section 45 of the Day
732-25 and Temporary Labor Services Act.
733-26 (kk) Information prohibited from disclosure under the
679+HB5304- 19 -LRB103 39108 MXP 69248 b HB5304 - 19 - LRB103 39108 MXP 69248 b
680+ HB5304 - 19 - LRB103 39108 MXP 69248 b
681+1 Act.
682+2 (iii) Data exempt from disclosure under Section 50 of
683+3 the School Safety Drill Act.
684+4 (jjj) (hhh) Information exempt from disclosure under
685+5 Section 30 of the Insurance Data Security Law.
686+6 (kkk) (iii) Confidential business information
687+7 prohibited from disclosure under Section 45 of the Paint
688+8 Stewardship Act.
689+9 (lll) (Reserved).
690+10 (mmm) (iii) Information prohibited from being
691+11 disclosed under subsection (e) of Section 1-129 of the
692+12 Illinois Power Agency Act.
693+13 (nnn) Information prohibited from being disclosed
694+14 under subsection (g) of Section 25 of the Highway Work
695+15 Zone Safety Act.
696+16 (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
697+17 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
698+18 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
699+19 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
700+20 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
701+21 eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23;
702+22 revised 1-2-24.)
703+23 (Text of Section after amendment by P.A. 103-472)
704+24 Sec. 7.5. Statutory exemptions. To the extent provided for
705+25 by the statutes referenced below, the following shall be
734706
735707
736708
737709
738710
739- HB5304 Engrossed - 21 - LRB103 39108 MXP 69248 b
711+ HB5304 - 19 - LRB103 39108 MXP 69248 b
740712
741713
742-HB5304 Engrossed- 22 -LRB103 39108 MXP 69248 b HB5304 Engrossed - 22 - LRB103 39108 MXP 69248 b
743- HB5304 Engrossed - 22 - LRB103 39108 MXP 69248 b
744-1 Seizure and Forfeiture Reporting Act.
745-2 (ll) Information the disclosure of which is restricted
746-3 and exempted under Section 5-30.8 of the Illinois Public
747-4 Aid Code.
748-5 (mm) Records that are exempt from disclosure under
749-6 Section 4.2 of the Crime Victims Compensation Act.
750-7 (nn) Information that is exempt from disclosure under
751-8 Section 70 of the Higher Education Student Assistance Act.
752-9 (oo) Communications, notes, records, and reports
753-10 arising out of a peer support counseling session
754-11 prohibited from disclosure under the First Responders
755-12 Suicide Prevention Act.
756-13 (pp) Names and all identifying information relating to
757-14 an employee of an emergency services provider or law
758-15 enforcement agency under the First Responders Suicide
759-16 Prevention Act.
760-17 (qq) Information and records held by the Department of
761-18 Public Health and its authorized representatives collected
762-19 under the Reproductive Health Act.
763-20 (rr) Information that is exempt from disclosure under
764-21 the Cannabis Regulation and Tax Act.
765-22 (ss) Data reported by an employer to the Department of
766-23 Human Rights pursuant to Section 2-108 of the Illinois
767-24 Human Rights Act.
768-25 (tt) Recordings made under the Children's Advocacy
769-26 Center Act, except to the extent authorized under that
714+HB5304- 20 -LRB103 39108 MXP 69248 b HB5304 - 20 - LRB103 39108 MXP 69248 b
715+ HB5304 - 20 - LRB103 39108 MXP 69248 b
716+1 exempt from inspection and copying:
717+2 (a) All information determined to be confidential
718+3 under Section 4002 of the Technology Advancement and
719+4 Development Act.
720+5 (b) Library circulation and order records identifying
721+6 library users with specific materials under the Library
722+7 Records Confidentiality Act.
723+8 (c) Applications, related documents, and medical
724+9 records received by the Experimental Organ Transplantation
725+10 Procedures Board and any and all documents or other
726+11 records prepared by the Experimental Organ Transplantation
727+12 Procedures Board or its staff relating to applications it
728+13 has received.
729+14 (d) Information and records held by the Department of
730+15 Public Health and its authorized representatives relating
731+16 to known or suspected cases of sexually transmissible
732+17 disease or any information the disclosure of which is
733+18 restricted under the Illinois Sexually Transmissible
734+19 Disease Control Act.
735+20 (e) Information the disclosure of which is exempted
736+21 under Section 30 of the Radon Industry Licensing Act.
737+22 (f) Firm performance evaluations under Section 55 of
738+23 the Architectural, Engineering, and Land Surveying
739+24 Qualifications Based Selection Act.
740+25 (g) Information the disclosure of which is restricted
741+26 and exempted under Section 50 of the Illinois Prepaid
770742
771743
772744
773745
774746
775- HB5304 Engrossed - 22 - LRB103 39108 MXP 69248 b
747+ HB5304 - 20 - LRB103 39108 MXP 69248 b
776748
777749
778-HB5304 Engrossed- 23 -LRB103 39108 MXP 69248 b HB5304 Engrossed - 23 - LRB103 39108 MXP 69248 b
779- HB5304 Engrossed - 23 - LRB103 39108 MXP 69248 b
780-1 Act.
781-2 (uu) Information that is exempt from disclosure under
782-3 Section 50 of the Sexual Assault Evidence Submission Act.
783-4 (vv) Information that is exempt from disclosure under
784-5 subsections (f) and (j) of Section 5-36 of the Illinois
785-6 Public Aid Code.
786-7 (ww) Information that is exempt from disclosure under
787-8 Section 16.8 of the State Treasurer Act.
788-9 (xx) Information that is exempt from disclosure or
789-10 information that shall not be made public under the
790-11 Illinois Insurance Code.
791-12 (yy) Information prohibited from being disclosed under
792-13 the Illinois Educational Labor Relations Act.
793-14 (zz) Information prohibited from being disclosed under
794-15 the Illinois Public Labor Relations Act.
795-16 (aaa) Information prohibited from being disclosed
796-17 under Section 1-167 of the Illinois Pension Code.
797-18 (bbb) Information that is prohibited from disclosure
798-19 by the Illinois Police Training Act and the Illinois State
799-20 Police Act.
800-21 (ccc) Records exempt from disclosure under Section
801-22 2605-304 of the Illinois State Police Law of the Civil
802-23 Administrative Code of Illinois.
803-24 (ddd) Information prohibited from being disclosed
804-25 under Section 35 of the Address Confidentiality for
805-26 Victims of Domestic Violence, Sexual Assault, Human
750+HB5304- 21 -LRB103 39108 MXP 69248 b HB5304 - 21 - LRB103 39108 MXP 69248 b
751+ HB5304 - 21 - LRB103 39108 MXP 69248 b
752+1 Tuition Act.
753+2 (h) Information the disclosure of which is exempted
754+3 under the State Officials and Employees Ethics Act, and
755+4 records of any lawfully created State or local inspector
756+5 general's office that would be exempt if created or
757+6 obtained by an Executive Inspector General's office under
758+7 that Act.
759+8 (i) Information contained in a local emergency energy
760+9 plan submitted to a municipality in accordance with a
761+10 local emergency energy plan ordinance that is adopted
762+11 under Section 11-21.5-5 of the Illinois Municipal Code.
763+12 (j) Information and data concerning the distribution
764+13 of surcharge moneys collected and remitted by carriers
765+14 under the Emergency Telephone System Act.
766+15 (k) Law enforcement officer identification information
767+16 or driver identification information compiled by a law
768+17 enforcement agency or the Department of Transportation
769+18 under Section 11-212 of the Illinois Vehicle Code.
770+19 (l) Records and information provided to a residential
771+20 health care facility resident sexual assault and death
772+21 review team or the Executive Council under the Abuse
773+22 Prevention Review Team Act.
774+23 (m) Information provided to the predatory lending
775+24 database created pursuant to Article 3 of the Residential
776+25 Real Property Disclosure Act, except to the extent
777+26 authorized under that Article.
806778
807779
808780
809781
810782
811- HB5304 Engrossed - 23 - LRB103 39108 MXP 69248 b
783+ HB5304 - 21 - LRB103 39108 MXP 69248 b
812784
813785
814-HB5304 Engrossed- 24 -LRB103 39108 MXP 69248 b HB5304 Engrossed - 24 - LRB103 39108 MXP 69248 b
815- HB5304 Engrossed - 24 - LRB103 39108 MXP 69248 b
816-1 Trafficking, or Stalking Act.
817-2 (eee) Information prohibited from being disclosed
818-3 under subsection (b) of Section 75 of the Domestic
819-4 Violence Fatality Review Act.
820-5 (fff) Images from cameras under the Expressway Camera
821-6 Act. This subsection (fff) is inoperative on and after
822-7 July 1, 2025.
823-8 (ggg) Information prohibited from disclosure under
824-9 paragraph (3) of subsection (a) of Section 14 of the Nurse
825-10 Agency Licensing Act.
826-11 (hhh) Information submitted to the Illinois State
827-12 Police in an affidavit or application for an assault
828-13 weapon endorsement, assault weapon attachment endorsement,
829-14 .50 caliber rifle endorsement, or .50 caliber cartridge
830-15 endorsement under the Firearm Owners Identification Card
831-16 Act.
832-17 (iii) Data exempt from disclosure under Section 50 of
833-18 the School Safety Drill Act.
834-19 (jjj) (hhh) Information exempt from disclosure under
835-20 Section 30 of the Insurance Data Security Law.
836-21 (kkk) (iii) Confidential business information
837-22 prohibited from disclosure under Section 45 of the Paint
838-23 Stewardship Act.
839-24 (lll) (iii) Data exempt from disclosure under Section
840-25 2-3.196 of the School Code.
841-26 (mmm) (iii) Information prohibited from being
786+HB5304- 22 -LRB103 39108 MXP 69248 b HB5304 - 22 - LRB103 39108 MXP 69248 b
787+ HB5304 - 22 - LRB103 39108 MXP 69248 b
788+1 (n) Defense budgets and petitions for certification of
789+2 compensation and expenses for court appointed trial
790+3 counsel as provided under Sections 10 and 15 of the
791+4 Capital Crimes Litigation Act (repealed). This subsection
792+5 (n) shall apply until the conclusion of the trial of the
793+6 case, even if the prosecution chooses not to pursue the
794+7 death penalty prior to trial or sentencing.
795+8 (o) Information that is prohibited from being
796+9 disclosed under Section 4 of the Illinois Health and
797+10 Hazardous Substances Registry Act.
798+11 (p) Security portions of system safety program plans,
799+12 investigation reports, surveys, schedules, lists, data, or
800+13 information compiled, collected, or prepared by or for the
801+14 Department of Transportation under Sections 2705-300 and
802+15 2705-616 of the Department of Transportation Law of the
803+16 Civil Administrative Code of Illinois, the Regional
804+17 Transportation Authority under Section 2.11 of the
805+18 Regional Transportation Authority Act, or the St. Clair
806+19 County Transit District under the Bi-State Transit Safety
807+20 Act (repealed).
808+21 (q) Information prohibited from being disclosed by the
809+22 Personnel Record Review Act.
810+23 (r) Information prohibited from being disclosed by the
811+24 Illinois School Student Records Act.
812+25 (s) Information the disclosure of which is restricted
813+26 under Section 5-108 of the Public Utilities Act.
842814
843815
844816
845817
846818
847- HB5304 Engrossed - 24 - LRB103 39108 MXP 69248 b
819+ HB5304 - 22 - LRB103 39108 MXP 69248 b
848820
849821
850-HB5304 Engrossed- 25 -LRB103 39108 MXP 69248 b HB5304 Engrossed - 25 - LRB103 39108 MXP 69248 b
851- HB5304 Engrossed - 25 - LRB103 39108 MXP 69248 b
852-1 disclosed under subsection (e) of Section 1-129 of the
853-2 Illinois Power Agency Act.
854-3 (nnn) Information prohibited from being disclosed
855-4 under subsection (g) of Section 25 of the Highway Work
856-5 Zone Safety Act.
857-6 (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
858-7 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
859-8 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
860-9 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
861-10 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
862-11 eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
863-12 103-580, eff. 12-8-23; revised 1-2-24.)
864-13 Section 905. The Illinois Vehicle Code is amended by
865-14 changing Sections 3-400 and 11-612 as follows:
866-15 (625 ILCS 5/3-400) (from Ch. 95 1/2, par. 3-400)
867-16 Sec. 3-400. Definitions. Notwithstanding the definitions
868-17 set forth in Chapter 1 of this Act, for the purposes of this
869-18 Article, the following words shall have the meaning ascribed
870-19 to them as follows:
871-20 "Apportionable Fee" means any periodic recurring fee
872-21 required for licensing or registering vehicles, such as, but
873-22 not limited to, registration fees, license or weight fees.
874-23 "Apportionable Vehicle" means any vehicle, except
875-24 recreational vehicles, vehicles displaying restricted plates,
822+HB5304- 23 -LRB103 39108 MXP 69248 b HB5304 - 23 - LRB103 39108 MXP 69248 b
823+ HB5304 - 23 - LRB103 39108 MXP 69248 b
824+1 (t) (Blank).
825+2 (u) Records and information provided to an independent
826+3 team of experts under the Developmental Disability and
827+4 Mental Health Safety Act (also known as Brian's Law).
828+5 (v) Names and information of people who have applied
829+6 for or received Firearm Owner's Identification Cards under
830+7 the Firearm Owners Identification Card Act or applied for
831+8 or received a concealed carry license under the Firearm
832+9 Concealed Carry Act, unless otherwise authorized by the
833+10 Firearm Concealed Carry Act; and databases under the
834+11 Firearm Concealed Carry Act, records of the Concealed
835+12 Carry Licensing Review Board under the Firearm Concealed
836+13 Carry Act, and law enforcement agency objections under the
837+14 Firearm Concealed Carry Act.
838+15 (v-5) Records of the Firearm Owner's Identification
839+16 Card Review Board that are exempted from disclosure under
840+17 Section 10 of the Firearm Owners Identification Card Act.
841+18 (w) Personally identifiable information which is
842+19 exempted from disclosure under subsection (g) of Section
843+20 19.1 of the Toll Highway Act.
844+21 (x) Information which is exempted from disclosure
845+22 under Section 5-1014.3 of the Counties Code or Section
846+23 8-11-21 of the Illinois Municipal Code.
847+24 (y) Confidential information under the Adult
848+25 Protective Services Act and its predecessor enabling
849+26 statute, the Elder Abuse and Neglect Act, including
876850
877851
878852
879853
880854
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855+ HB5304 - 23 - LRB103 39108 MXP 69248 b
882856
883857
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885- HB5304 Engrossed - 26 - LRB103 39108 MXP 69248 b
886-1 city pickup and delivery vehicles, buses used in
887-2 transportation of chartered parties, and government owned
888-3 vehicles that are used or intended for use in 2 or more member
889-4 jurisdictions that allocate or proportionally register
890-5 vehicles, in a fleet which is used for the transportation of
891-6 persons for hire or the transportation of property and which
892-7 has a gross vehicle weight in excess of 26,000 pounds; or has
893-8 three or more axles regardless of weight; or is used in
894-9 combination when the weight of such combination exceeds 26,000
895-10 pounds gross vehicle weight. Vehicles, or combinations having
896-11 a gross vehicle weight of 26,000 pounds or less and two-axle
897-12 vehicles may be proportionally registered at the option of
898-13 such owner.
899-14 "Base Jurisdiction" means, for purposes of fleet
900-15 registration, the jurisdiction where the registrant has an
901-16 established place of business, where operational records of
902-17 the fleet are maintained and where mileage is accrued by the
903-18 fleet. In case a registrant operates more than one fleet, and
904-19 maintains records for each fleet in different places, the
905-20 "base jurisdiction" for a fleet shall be the jurisdiction
906-21 where an established place of business is maintained, where
907-22 records of the operation of that fleet are maintained and
908-23 where mileage is accrued by that fleet.
909-24 "Operational Records" means documents supporting miles
910-25 traveled in each jurisdiction and total miles traveled, such
911-26 as fuel reports, trip leases, and logs.
858+HB5304- 24 -LRB103 39108 MXP 69248 b HB5304 - 24 - LRB103 39108 MXP 69248 b
859+ HB5304 - 24 - LRB103 39108 MXP 69248 b
860+1 information about the identity and administrative finding
861+2 against any caregiver of a verified and substantiated
862+3 decision of abuse, neglect, or financial exploitation of
863+4 an eligible adult maintained in the Registry established
864+5 under Section 7.5 of the Adult Protective Services Act.
865+6 (z) Records and information provided to a fatality
866+7 review team or the Illinois Fatality Review Team Advisory
867+8 Council under Section 15 of the Adult Protective Services
868+9 Act.
869+10 (aa) Information which is exempted from disclosure
870+11 under Section 2.37 of the Wildlife Code.
871+12 (bb) Information which is or was prohibited from
872+13 disclosure by the Juvenile Court Act of 1987.
873+14 (cc) Recordings made under the Law Enforcement
874+15 Officer-Worn Body Camera Act, except to the extent
875+16 authorized under that Act.
876+17 (dd) Information that is prohibited from being
877+18 disclosed under Section 45 of the Condominium and Common
878+19 Interest Community Ombudsperson Act.
879+20 (ee) Information that is exempted from disclosure
880+21 under Section 30.1 of the Pharmacy Practice Act.
881+22 (ff) Information that is exempted from disclosure
882+23 under the Revised Uniform Unclaimed Property Act.
883+24 (gg) Information that is prohibited from being
884+25 disclosed under Section 7-603.5 of the Illinois Vehicle
885+26 Code.
912886
913887
914888
915889
916890
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891+ HB5304 - 24 - LRB103 39108 MXP 69248 b
918892
919893
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921- HB5304 Engrossed - 27 - LRB103 39108 MXP 69248 b
922-1 "Owner" means a person who holds legal title of a motor
923-2 vehicle, or in the event a motor vehicle is the subject of an
924-3 agreement for the conditional sale or lease thereof with the
925-4 right of purchase upon performance of the conditions stated in
926-5 the agreement and with an immediate right of possession vested
927-6 in the conditional vendee or lessee with right of purchase, or
928-7 in the event a mortgagor of such motor vehicle is entitled to
929-8 possession, or in the event a lessee of such motor vehicle is
930-9 entitled to possession or control, then such conditional
931-10 vendee or lessee with right of purchase or mortgagor or lessee
932-11 is considered to be the owner for the purpose of this Act.
933-12 "Registration plate or digital registration plate cover"
934-13 means any tinted, colored, painted, marked, clear, or
935-14 illuminated object that is designed to (i) cover any of the
936-15 characters of a motor vehicle's registration plate or digital
937-16 registration plate; or (ii) distort a recorded image of any of
938-17 the characters of a motor vehicle's registration plate or
939-18 digital registration plate recorded by an automated
940-19 enforcement system as defined in Section 11-208.6, 11-208.8,
941-20 or 11-1201.1 of this Code or recorded by an automated traffic
942-21 control system as defined in Section 5 of the Highway Work Zone
943-22 Safety Act. 15 of the Automated Traffic Control Systems in
944-23 Highway Construction or Maintenance Zones Act.
945-24 "Rental Owner" means an owner principally engaged, with
946-25 respect to one or more rental fleets, in renting to others or
947-26 offering for rental the vehicles of such fleets, without
894+HB5304- 25 -LRB103 39108 MXP 69248 b HB5304 - 25 - LRB103 39108 MXP 69248 b
895+ HB5304 - 25 - LRB103 39108 MXP 69248 b
896+1 (hh) Records that are exempt from disclosure under
897+2 Section 1A-16.7 of the Election
898+ Code.
899+3 (ii) Information which is exempted from disclosure
900+4 under Section 2505-800 of the Department of Revenue Law of
901+5 the Civil Administrative Code of Illinois.
902+6 (jj) Information and reports that are required to be
903+7 submitted to the Department of Labor by registering day
904+8 and temporary labor service agencies but are exempt from
905+9 disclosure under subsection (a-1) of Section 45 of the Day
906+10 and Temporary Labor Services Act.
907+11 (kk) Information prohibited from disclosure under the
908+12 Seizure and Forfeiture Reporting Act.
909+13 (ll) Information the disclosure of which is restricted
910+14 and exempted under Section 5-30.8 of the Illinois Public
911+15 Aid Code.
912+16 (mm) Records that are exempt from disclosure under
913+17 Section 4.2 of the Crime Victims Compensation Act.
914+18 (nn) Information that is exempt from disclosure under
915+19 Section 70 of the Higher Education Student Assistance Act.
916+20 (oo) Communications, notes, records, and reports
917+21 arising out of a peer support counseling session
918+22 prohibited from disclosure under the First Responders
919+23 Suicide Prevention Act.
920+24 (pp) Names and all identifying information relating to
921+25 an employee of an emergency services provider or law
922+26 enforcement agency under the First Responders Suicide
948923
949924
950925
951926
952927
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928+ HB5304 - 25 - LRB103 39108 MXP 69248 b
954929
955930
956-HB5304 Engrossed- 28 -LRB103 39108 MXP 69248 b HB5304 Engrossed - 28 - LRB103 39108 MXP 69248 b
957- HB5304 Engrossed - 28 - LRB103 39108 MXP 69248 b
958-1 drivers.
959-2 "Restricted Plates" shall include, but is not limited to,
960-3 dealer, manufacturer, transporter, farm, repossessor, and
961-4 permanently mounted type plates. Vehicles displaying any of
962-5 these type plates from a foreign jurisdiction that is a member
963-6 of the International Registration Plan shall be granted
964-7 reciprocity but shall be subject to the same limitations as
965-8 similar plated Illinois registered vehicles.
966-9 (Source: P.A. 101-395, eff. 8-16-19.)
967-10 (625 ILCS 5/11-612)
968-11 Sec. 11-612. Certain systems to record vehicle speeds
969-12 prohibited. Except as authorized in the Highway Work Zone
970-13 Safety Act Automated Traffic Control Systems in Highway
971-14 Construction or Maintenance Zones Act and Section 11-208.8 of
972-15 this Code, no photographic, video, or other imaging system may
973-16 be used in this State to record vehicle speeds for the purpose
974-17 of enforcing any law or ordinance regarding a maximum or
975-18 minimum speed limit unless a law enforcement officer is
976-19 present at the scene and witnesses the event. No State or local
977-20 governmental entity, including a home rule county or
978-21 municipality, may use such a system in a way that is prohibited
979-22 by this Section. The regulation of the use of such systems is
980-23 an exclusive power and function of the State. This Section is a
981-24 denial and limitation of home rule powers and functions under
982-25 subsection (h) of Section 6 of Article VII of the Illinois
931+HB5304- 26 -LRB103 39108 MXP 69248 b HB5304 - 26 - LRB103 39108 MXP 69248 b
932+ HB5304 - 26 - LRB103 39108 MXP 69248 b
933+1 Prevention Act.
934+2 (qq) Information and records held by the Department of
935+3 Public Health and its authorized representatives collected
936+4 under the Reproductive Health Act.
937+5 (rr) Information that is exempt from disclosure under
938+6 the Cannabis Regulation and Tax Act.
939+7 (ss) Data reported by an employer to the Department of
940+8 Human Rights pursuant to Section 2-108 of the Illinois
941+9 Human Rights Act.
942+10 (tt) Recordings made under the Children's Advocacy
943+11 Center Act, except to the extent authorized under that
944+12 Act.
945+13 (uu) Information that is exempt from disclosure under
946+14 Section 50 of the Sexual Assault Evidence Submission Act.
947+15 (vv) Information that is exempt from disclosure under
948+16 subsections (f) and (j) of Section 5-36 of the Illinois
949+17 Public Aid Code.
950+18 (ww) Information that is exempt from disclosure under
951+19 Section 16.8 of the State Treasurer Act.
952+20 (xx) Information that is exempt from disclosure or
953+21 information that shall not be made public under the
954+22 Illinois Insurance Code.
955+23 (yy) Information prohibited from being disclosed under
956+24 the Illinois Educational Labor Relations Act.
957+25 (zz) Information prohibited from being disclosed under
958+26 the Illinois Public Labor Relations Act.
983959
984960
985961
986962
987963
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989965
990966
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993-1 Constitution.
994-2 (Source: P.A. 97-672, eff. 7-1-12.)
995-3 (625 ILCS 7/Act rep.)
996-4 Section 910. The Automated Traffic Control Systems in
997-5 Highway Construction or Maintenance Zones Act is repealed.
998-6 Section 995. No acceleration or delay. Where this Act
999-7 makes changes in a statute that is represented in this Act by
1000-8 text that is not yet or no longer in effect (for example, a
1001-9 Section represented by multiple versions), the use of that
1002-10 text does not accelerate or delay the taking effect of (i) the
1003-11 changes made by this Act or (ii) provisions derived from any
1004-12 other Public Act.
967+HB5304- 27 -LRB103 39108 MXP 69248 b HB5304 - 27 - LRB103 39108 MXP 69248 b
968+ HB5304 - 27 - LRB103 39108 MXP 69248 b
969+1 (aaa) Information prohibited from being disclosed
970+2 under Section 1-167 of the Illinois Pension Code.
971+3 (bbb) Information that is prohibited from disclosure
972+4 by the Illinois Police Training Act and the Illinois State
973+5 Police Act.
974+6 (ccc) Records exempt from disclosure under Section
975+7 2605-304 of the Illinois State Police Law of the Civil
976+8 Administrative Code of Illinois.
977+9 (ddd) Information prohibited from being disclosed
978+10 under Section 35 of the Address Confidentiality for
979+11 Victims of Domestic Violence, Sexual Assault, Human
980+12 Trafficking, or Stalking Act.
981+13 (eee) Information prohibited from being disclosed
982+14 under subsection (b) of Section 75 of the Domestic
983+15 Violence Fatality Review Act.
984+16 (fff) Images from cameras under the Expressway Camera
985+17 Act. This subsection (fff) is inoperative on and after
986+18 July 1, 2025.
987+19 (ggg) Information prohibited from disclosure under
988+20 paragraph (3) of subsection (a) of Section 14 of the Nurse
989+21 Agency Licensing Act.
990+22 (hhh) Information submitted to the Illinois State
991+23 Police in an affidavit or application for an assault
992+24 weapon endorsement, assault weapon attachment endorsement,
993+25 .50 caliber rifle endorsement, or .50 caliber cartridge
994+26 endorsement under the Firearm Owners Identification Card
1005995
1006996
1007997
1008998
1009999
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1000+ HB5304 - 27 - LRB103 39108 MXP 69248 b
1001+
1002+
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1004+ HB5304 - 28 - LRB103 39108 MXP 69248 b
1005+1 Act.
1006+2 (iii) Data exempt from disclosure under Section 50 of
1007+3 the School Safety Drill Act.
1008+4 (jjj) (hhh) Information exempt from disclosure under
1009+5 Section 30 of the Insurance Data Security Law.
1010+6 (kkk) (iii) Confidential business information
1011+7 prohibited from disclosure under Section 45 of the Paint
1012+8 Stewardship Act.
1013+9 (lll) (iii) Data exempt from disclosure under Section
1014+10 2-3.196 of the School Code.
1015+11 (mmm) (iii) Information prohibited from being
1016+12 disclosed under subsection (e) of Section 1-129 of the
1017+13 Illinois Power Agency Act.
1018+14 (nnn) Information prohibited from being disclosed
1019+15 under subsection (g) of Section 25 of the Highway Work
1020+16 Zone Safety Act.
1021+17 (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
1022+18 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
1023+19 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
1024+20 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
1025+21 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
1026+22 eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
1027+23 103-580, eff. 12-8-23; revised 1-2-24.)
1028+24 Section 905. The Illinois Vehicle Code is amended by
1029+25 changing Sections 3-400 and 11-612 as follows:
1030+
1031+
1032+
1033+
1034+
1035+ HB5304 - 28 - LRB103 39108 MXP 69248 b
1036+
1037+
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1039+ HB5304 - 29 - LRB103 39108 MXP 69248 b
1040+1 (625 ILCS 5/3-400) (from Ch. 95 1/2, par. 3-400)
1041+2 Sec. 3-400. Definitions. Notwithstanding the definitions
1042+3 set forth in Chapter 1 of this Act, for the purposes of this
1043+4 Article, the following words shall have the meaning ascribed
1044+5 to them as follows:
1045+6 "Apportionable Fee" means any periodic recurring fee
1046+7 required for licensing or registering vehicles, such as, but
1047+8 not limited to, registration fees, license or weight fees.
1048+9 "Apportionable Vehicle" means any vehicle, except
1049+10 recreational vehicles, vehicles displaying restricted plates,
1050+11 city pickup and delivery vehicles, buses used in
1051+12 transportation of chartered parties, and government owned
1052+13 vehicles that are used or intended for use in 2 or more member
1053+14 jurisdictions that allocate or proportionally register
1054+15 vehicles, in a fleet which is used for the transportation of
1055+16 persons for hire or the transportation of property and which
1056+17 has a gross vehicle weight in excess of 26,000 pounds; or has
1057+18 three or more axles regardless of weight; or is used in
1058+19 combination when the weight of such combination exceeds 26,000
1059+20 pounds gross vehicle weight. Vehicles, or combinations having
1060+21 a gross vehicle weight of 26,000 pounds or less and two-axle
1061+22 vehicles may be proportionally registered at the option of
1062+23 such owner.
1063+24 "Base Jurisdiction" means, for purposes of fleet
1064+25 registration, the jurisdiction where the registrant has an
1065+
1066+
1067+
1068+
1069+
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1071+
1072+
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1074+ HB5304 - 30 - LRB103 39108 MXP 69248 b
1075+1 established place of business, where operational records of
1076+2 the fleet are maintained and where mileage is accrued by the
1077+3 fleet. In case a registrant operates more than one fleet, and
1078+4 maintains records for each fleet in different places, the
1079+5 "base jurisdiction" for a fleet shall be the jurisdiction
1080+6 where an established place of business is maintained, where
1081+7 records of the operation of that fleet are maintained and
1082+8 where mileage is accrued by that fleet.
1083+9 "Operational Records" means documents supporting miles
1084+10 traveled in each jurisdiction and total miles traveled, such
1085+11 as fuel reports, trip leases, and logs.
1086+12 "Owner" means a person who holds legal title of a motor
1087+13 vehicle, or in the event a motor vehicle is the subject of an
1088+14 agreement for the conditional sale or lease thereof with the
1089+15 right of purchase upon performance of the conditions stated in
1090+16 the agreement and with an immediate right of possession vested
1091+17 in the conditional vendee or lessee with right of purchase, or
1092+18 in the event a mortgagor of such motor vehicle is entitled to
1093+19 possession, or in the event a lessee of such motor vehicle is
1094+20 entitled to possession or control, then such conditional
1095+21 vendee or lessee with right of purchase or mortgagor or lessee
1096+22 is considered to be the owner for the purpose of this Act.
1097+23 "Registration plate or digital registration plate cover"
1098+24 means any tinted, colored, painted, marked, clear, or
1099+25 illuminated object that is designed to (i) cover any of the
1100+26 characters of a motor vehicle's registration plate or digital
1101+
1102+
1103+
1104+
1105+
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1107+
1108+
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1110+ HB5304 - 31 - LRB103 39108 MXP 69248 b
1111+1 registration plate; or (ii) distort a recorded image of any of
1112+2 the characters of a motor vehicle's registration plate or
1113+3 digital registration plate recorded by an automated
1114+4 enforcement system as defined in Section 11-208.6, 11-208.8,
1115+5 or 11-1201.1 of this Code or recorded by an automated traffic
1116+6 control system as defined in Section 5 of the Highway Work Zone
1117+7 Safety Act. 15 of the Automated Traffic Control Systems in
1118+8 Highway Construction or Maintenance Zones Act.
1119+9 "Rental Owner" means an owner principally engaged, with
1120+10 respect to one or more rental fleets, in renting to others or
1121+11 offering for rental the vehicles of such fleets, without
1122+12 drivers.
1123+13 "Restricted Plates" shall include, but is not limited to,
1124+14 dealer, manufacturer, transporter, farm, repossessor, and
1125+15 permanently mounted type plates. Vehicles displaying any of
1126+16 these type plates from a foreign jurisdiction that is a member
1127+17 of the International Registration Plan shall be granted
1128+18 reciprocity but shall be subject to the same limitations as
1129+19 similar plated Illinois registered vehicles.
1130+20 (Source: P.A. 101-395, eff. 8-16-19.)
1131+21 (625 ILCS 5/11-612)
1132+22 Sec. 11-612. Certain systems to record vehicle speeds
1133+23 prohibited. Except as authorized in the Highway Work Zone
1134+24 Safety Act Automated Traffic Control Systems in Highway
1135+25 Construction or Maintenance Zones Act and Section 11-208.8 of
1136+
1137+
1138+
1139+
1140+
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1142+
1143+
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1145+ HB5304 - 32 - LRB103 39108 MXP 69248 b
1146+1 this Code, no photographic, video, or other imaging system may
1147+2 be used in this State to record vehicle speeds for the purpose
1148+3 of enforcing any law or ordinance regarding a maximum or
1149+4 minimum speed limit unless a law enforcement officer is
1150+5 present at the scene and witnesses the event. No State or local
1151+6 governmental entity, including a home rule county or
1152+7 municipality, may use such a system in a way that is prohibited
1153+8 by this Section. The regulation of the use of such systems is
1154+9 an exclusive power and function of the State. This Section is a
1155+10 denial and limitation of home rule powers and functions under
1156+11 subsection (h) of Section 6 of Article VII of the Illinois
1157+12 Constitution.
1158+13 (Source: P.A. 97-672, eff. 7-1-12.)
1159+14 (625 ILCS 7/Act rep.)
1160+15 Section 910. The Automated Traffic Control Systems in
1161+16 Highway Construction or Maintenance Zones Act is repealed.
1162+
1163+
1164+
1165+
1166+
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