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1 AN ACT concerning transportation.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Highway Work Zone Safety Act.
6 Section 5. Definitions. As used in this Act:
7 "Automatic traffic control system" means a photographic
8 device, radar device, laser device, or other electrical or
9 mechanical device or devices designed to record the speed of a
10 vehicle and obtain a clear photograph or other recorded image
11 of the vehicle, the vehicle operator, and the vehicle's
12 registration plate or digital registration plate while the
13 driver is violating Section 11-605.1 of the Illinois Vehicle
14 Code. The photograph or other recorded image must also display
15 the time, date, and location of the violation. A law
16 enforcement officer is not required to be present or to
17 witness the violation.
18 "Construction or maintenance speed zone" has the same
19 meaning given to that term under Section 11-605.1 of the
20 Illinois Vehicle Code.
21 "Motor vehicle rental company" has the meaning given to
22 that term under Section 6-305.3 of the Illinois Vehicle Code.
23 "Owner" means a person in whose name a motor vehicle is
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1 registered under the laws of this State, another state, or a
2 foreign country or under the International Registration Plan.
3 "Program" means the Highway Work Zone Speed Control Pilot
4 Program created under this Act.
5 "Work zone speed limit" means a temporary speed limit
6 established for a work zone by the Illinois State Police,
7 Department of Transportation, the Illinois State Toll Highway
8 Authority, or a unit of local government that has jurisdiction
9 over the work zone.
10 Section 10. Highway Work Zone Speed Control Pilot Program.
11 (a) The Illinois State Police shall establish the Highway
12 Work Zone Speed Control Pilot Program for the purposes of
13 enforcing the speed limits established for construction or
14 maintenance speed zones.
15 (b) The Illinois State Police shall administer the Program
16 in coordination with the Department of Transportation and the
17 Illinois State Toll Highway Authority.
18 (c) The Illinois State Police and the Department of
19 Transportation shall enter into an agreement to share
20 information regarding the Program.
21 (d) The Illinois State Police may enter into an agreement
22 with a third-party vendor to assist in the administration of
23 the Program.
24 Section 15. Procedures.
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1 (a) The Illinois State Police shall install and operate
2 automated traffic control systems in highway construction and
3 maintenance speed zones to detect violations of posted work
4 zone speed limits.
5 (b) Before installing an automated traffic control system
6 for the purposes of the Program:
7 (1) the Illinois State Police shall conduct a public
8 information campaign to inform drivers about the use of
9 automated traffic control systems to detect speeds in
10 excess of a work zone speed limit; and
11 (2) the Department of Transportation, in coordination
12 with the Illinois State Police, shall post before the
13 entrance to a construction or maintenance speed zone in
14 which an automated traffic control system is in use
15 signage indicating that the work zone speed limit is being
16 monitored by an automated traffic control system.
17 Section 20. Automated traffic control system operator
18 requirements; duties; restrictions. The Illinois State Police
19 shall employ automated traffic control system operators to
20 operate automated traffic control systems in construction or
21 maintenance speed zones. The Illinois State Police may adopt
22 any rules necessary to establish requirements, duties, or
23 restrictions concerning automated traffic control system
24 operators.
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1 Section 25. Photograph and recorded images; permitted and
2 nonpermitted uses.
3 (a) Except as otherwise provided in this Act, information
4 and photographs or recorded images collected under the Program
5 are not discoverable by court order as evidence in a
6 proceeding except to assess a penalty under Section 30 of this
7 Act.
8 (b) Information and a photograph or recorded image
9 collected under the Program must be destroyed not later than 2
10 years after the date the information and photograph or
11 recorded image is collected.
12 (c) Notwithstanding any other provision of law,
13 information and photographs or recorded images collected under
14 the Program are the exclusive property of the State and not the
15 property of the manufacturer or vendor of the automated
16 traffic control system.
17 (d) Except as otherwise provided under the Illinois
18 Vehicle Code or this Act, use of a photograph or recorded image
19 obtained through the use of an automated traffic control
20 system for the purpose of enforcing a traffic offense is
21 prohibited.
22 (e) A photograph or recorded image obtained through the
23 use of an automated traffic control system may not be used as
24 evidence in any action other than an action to collect a work
25 zone speed limit fine for which the photograph or recorded
26 image was obtained.
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1 (f) A photograph or recorded image obtained through the
2 use of an automated traffic control system may be used
3 internally to administer the Program. However, unless
4 authorized by court order, a photograph or recorded image
5 obtained through the use of an automated traffic control
6 system may not be disclosed to anyone other than:
7 (1) the owner of the motor vehicle at the time the
8 recorded speed of the motor vehicle exceeded a work zone
9 speed limit;
10 (2) an individual alleged to have been operating the
11 motor vehicle at the time the work zone speed limit was
12 exceeded;
13 (3) an attorney representing an individual;
14 (4) a law enforcement officer;
15 (5) the Illinois State Police, the Illinois State Toll
16 Highway Authority, or the Department of Transportation; or
17 (6) a court.
18 (g) The information and recorded images collected under
19 the Program are confidential and exempt from disclosure under
20 the Freedom of Information Act.
21 Section 30. Civil law violation.
22 (a) A person who owns a motor vehicle that is identified by
23 an automated traffic control system as operating in a
24 construction or maintenance speed zone at a speed in excess of
25 the posted speed limit commits a civil law violation.
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1 (b) A person found to have committed a violation in
2 subsection (a) or subsection (c):
3 (1) is guilty of a civil law violation punishable by a
4 minimum fine of $100 and a maximum fine of $200. The
5 proceeds of the fine shall be payable to the clerk of the
6 circuit court. Within one month after the deposit of the
7 fine, the clerk shall distribute the proceeds of the fine
8 as follows:
9 (A) $10 of the fine to the circuit clerk;
10 (B) $10 of the fine to the State's Attorney;
11 (C) $50 of the fine to the Transportation Safety
12 Highway Hire-back Fund in the State treasury;
13 (D) any remainder of the fine to the State Police
14 Vehicle Fund in the State treasury.
15 (2) With respect to funds designated for the Illinois
16 State Police, the moneys shall be remitted by the circuit
17 court clerk to the Illinois State Police within one month
18 after receipt for deposit into the Transportation Safety
19 Highway Hire-back Fund and the State Police Vehicle Fund.
20 (c) A person found to have committed a third or subsequent
21 violation of subsection (a), and found to have failed to pay
22 all fines and costs within 30 days of the last judgment,
23 commits a separate civil law violation. The State may proceed
24 with collections in accordance with the law against a person
25 who is guilty under this Act but has failed to pay all fines
26 and costs.
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1 Section 35. Procurement. The Illinois State Police may
2 procure such as is necessary to implement and administer this
3 Act.
4 Section 40. Rulemaking. The Illinois State Police shall
5 adopt rules to implement and administer this Act.
6 Section 900. The Freedom of Information Act is amended by
7 changing Section 7.5 as follows:
8 (5 ILCS 140/7.5)
9 (Text of Section before amendment by P.A. 103-472)
10 Sec. 7.5. Statutory exemptions. To the extent provided for
11 by the statutes referenced below, the following shall be
12 exempt from inspection and copying:
13 (a) All information determined to be confidential
14 under Section 4002 of the Technology Advancement and
15 Development Act.
16 (b) Library circulation and order records identifying
17 library users with specific materials under the Library
18 Records Confidentiality Act.
19 (c) Applications, related documents, and medical
20 records received by the Experimental Organ Transplantation
21 Procedures Board and any and all documents or other
22 records prepared by the Experimental Organ Transplantation
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1 Procedures Board or its staff relating to applications it
2 has received.
3 (d) Information and records held by the Department of
4 Public Health and its authorized representatives relating
5 to known or suspected cases of sexually transmissible
6 disease or any information the disclosure of which is
7 restricted under the Illinois Sexually Transmissible
8 Disease Control Act.
9 (e) Information the disclosure of which is exempted
10 under Section 30 of the Radon Industry Licensing Act.
11 (f) Firm performance evaluations under Section 55 of
12 the Architectural, Engineering, and Land Surveying
13 Qualifications Based Selection Act.
14 (g) Information the disclosure of which is restricted
15 and exempted under Section 50 of the Illinois Prepaid
16 Tuition Act.
17 (h) Information the disclosure of which is exempted
18 under the State Officials and Employees Ethics Act, and
19 records of any lawfully created State or local inspector
20 general's office that would be exempt if created or
21 obtained by an Executive Inspector General's office under
22 that Act.
23 (i) Information contained in a local emergency energy
24 plan submitted to a municipality in accordance with a
25 local emergency energy plan ordinance that is adopted
26 under Section 11-21.5-5 of the Illinois Municipal Code.
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1 (j) Information and data concerning the distribution
2 of surcharge moneys collected and remitted by carriers
3 under the Emergency Telephone System Act.
4 (k) Law enforcement officer identification information
5 or driver identification information compiled by a law
6 enforcement agency or the Department of Transportation
7 under Section 11-212 of the Illinois Vehicle Code.
8 (l) Records and information provided to a residential
9 health care facility resident sexual assault and death
10 review team or the Executive Council under the Abuse
11 Prevention Review Team Act.
12 (m) Information provided to the predatory lending
13 database created pursuant to Article 3 of the Residential
14 Real Property Disclosure Act, except to the extent
15 authorized under that Article.
16 (n) Defense budgets and petitions for certification of
17 compensation and expenses for court appointed trial
18 counsel as provided under Sections 10 and 15 of the
19 Capital Crimes Litigation Act (repealed). This subsection
20 (n) shall apply until the conclusion of the trial of the
21 case, even if the prosecution chooses not to pursue the
22 death penalty prior to trial or sentencing.
23 (o) Information that is prohibited from being
24 disclosed under Section 4 of the Illinois Health and
25 Hazardous Substances Registry Act.
26 (p) Security portions of system safety program plans,
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1 investigation reports, surveys, schedules, lists, data, or
2 information compiled, collected, or prepared by or for the
3 Department of Transportation under Sections 2705-300 and
4 2705-616 of the Department of Transportation Law of the
5 Civil Administrative Code of Illinois, the Regional
6 Transportation Authority under Section 2.11 of the
7 Regional Transportation Authority Act, or the St. Clair
8 County Transit District under the Bi-State Transit Safety
9 Act (repealed).
10 (q) Information prohibited from being disclosed by the
11 Personnel Record Review Act.
12 (r) Information prohibited from being disclosed by the
13 Illinois School Student Records Act.
14 (s) Information the disclosure of which is restricted
15 under Section 5-108 of the Public Utilities Act.
16 (t) (Blank).
17 (u) Records and information provided to an independent
18 team of experts under the Developmental Disability and
19 Mental Health Safety Act (also known as Brian's Law).
20 (v) Names and information of people who have applied
21 for or received Firearm Owner's Identification Cards under
22 the Firearm Owners Identification Card Act or applied for
23 or received a concealed carry license under the Firearm
24 Concealed Carry Act, unless otherwise authorized by the
25 Firearm Concealed Carry Act; and databases under the
26 Firearm Concealed Carry Act, records of the Concealed
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1 Carry Licensing Review Board under the Firearm Concealed
2 Carry Act, and law enforcement agency objections under the
3 Firearm Concealed Carry Act.
4 (v-5) Records of the Firearm Owner's Identification
5 Card Review Board that are exempted from disclosure under
6 Section 10 of the Firearm Owners Identification Card Act.
7 (w) Personally identifiable information which is
8 exempted from disclosure under subsection (g) of Section
9 19.1 of the Toll Highway Act.
10 (x) Information which is exempted from disclosure
11 under Section 5-1014.3 of the Counties Code or Section
12 8-11-21 of the Illinois Municipal Code.
13 (y) Confidential information under the Adult
14 Protective Services Act and its predecessor enabling
15 statute, the Elder Abuse and Neglect Act, including
16 information about the identity and administrative finding
17 against any caregiver of a verified and substantiated
18 decision of abuse, neglect, or financial exploitation of
19 an eligible adult maintained in the Registry established
20 under Section 7.5 of the Adult Protective Services Act.
21 (z) Records and information provided to a fatality
22 review team or the Illinois Fatality Review Team Advisory
23 Council under Section 15 of the Adult Protective Services
24 Act.
25 (aa) Information which is exempted from disclosure
26 under Section 2.37 of the Wildlife Code.
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1 (bb) Information which is or was prohibited from
2 disclosure by the Juvenile Court Act of 1987.
3 (cc) Recordings made under the Law Enforcement
4 Officer-Worn Body Camera Act, except to the extent
5 authorized under that Act.
6 (dd) Information that is prohibited from being
7 disclosed under Section 45 of the Condominium and Common
8 Interest Community Ombudsperson Act.
9 (ee) Information that is exempted from disclosure
10 under Section 30.1 of the Pharmacy Practice Act.
11 (ff) Information that is exempted from disclosure
12 under the Revised Uniform Unclaimed Property Act.
13 (gg) Information that is prohibited from being
14 disclosed under Section 7-603.5 of the Illinois Vehicle
15 Code.
16 (hh) Records that are exempt from disclosure under
17 Section 1A-16.7 of the Election Code.
18 (ii) Information which is exempted from disclosure
19 under Section 2505-800 of the Department of Revenue Law of
20 the Civil Administrative Code of Illinois.
21 (jj) Information and reports that are required to be
22 submitted to the Department of Labor by registering day
23 and temporary labor service agencies but are exempt from
24 disclosure under subsection (a-1) of Section 45 of the Day
25 and Temporary Labor Services Act.
26 (kk) Information prohibited from disclosure under the
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1 Seizure and Forfeiture Reporting Act.
2 (ll) Information the disclosure of which is restricted
3 and exempted under Section 5-30.8 of the Illinois Public
4 Aid Code.
5 (mm) Records that are exempt from disclosure under
6 Section 4.2 of the Crime Victims Compensation Act.
7 (nn) Information that is exempt from disclosure under
8 Section 70 of the Higher Education Student Assistance Act.
9 (oo) Communications, notes, records, and reports
10 arising out of a peer support counseling session
11 prohibited from disclosure under the First Responders
12 Suicide Prevention Act.
13 (pp) Names and all identifying information relating to
14 an employee of an emergency services provider or law
15 enforcement agency under the First Responders Suicide
16 Prevention Act.
17 (qq) Information and records held by the Department of
18 Public Health and its authorized representatives collected
19 under the Reproductive Health Act.
20 (rr) Information that is exempt from disclosure under
21 the Cannabis Regulation and Tax Act.
22 (ss) Data reported by an employer to the Department of
23 Human Rights pursuant to Section 2-108 of the Illinois
24 Human Rights Act.
25 (tt) Recordings made under the Children's Advocacy
26 Center Act, except to the extent authorized under that
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1 Act.
2 (uu) Information that is exempt from disclosure under
3 Section 50 of the Sexual Assault Evidence Submission Act.
4 (vv) Information that is exempt from disclosure under
5 subsections (f) and (j) of Section 5-36 of the Illinois
6 Public Aid Code.
7 (ww) Information that is exempt from disclosure under
8 Section 16.8 of the State Treasurer Act.
9 (xx) Information that is exempt from disclosure or
10 information that shall not be made public under the
11 Illinois Insurance Code.
12 (yy) Information prohibited from being disclosed under
13 the Illinois Educational Labor Relations Act.
14 (zz) Information prohibited from being disclosed under
15 the Illinois Public Labor Relations Act.
16 (aaa) Information prohibited from being disclosed
17 under Section 1-167 of the Illinois Pension Code.
18 (bbb) Information that is prohibited from disclosure
19 by the Illinois Police Training Act and the Illinois State
20 Police Act.
21 (ccc) Records exempt from disclosure under Section
22 2605-304 of the Illinois State Police Law of the Civil
23 Administrative Code of Illinois.
24 (ddd) Information prohibited from being disclosed
25 under Section 35 of the Address Confidentiality for
26 Victims of Domestic Violence, Sexual Assault, Human
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1 Trafficking, or Stalking Act.
2 (eee) Information prohibited from being disclosed
3 under subsection (b) of Section 75 of the Domestic
4 Violence Fatality Review Act.
5 (fff) Images from cameras under the Expressway Camera
6 Act. This subsection (fff) is inoperative on and after
7 July 1, 2025.
8 (ggg) Information prohibited from disclosure under
9 paragraph (3) of subsection (a) of Section 14 of the Nurse
10 Agency Licensing Act.
11 (hhh) Information submitted to the Illinois State
12 Police in an affidavit or application for an assault
13 weapon endorsement, assault weapon attachment endorsement,
14 .50 caliber rifle endorsement, or .50 caliber cartridge
15 endorsement under the Firearm Owners Identification Card
16 Act.
17 (iii) Data exempt from disclosure under Section 50 of
18 the School Safety Drill Act.
19 (jjj) (hhh) Information exempt from disclosure under
20 Section 30 of the Insurance Data Security Law.
21 (kkk) (iii) Confidential business information
22 prohibited from disclosure under Section 45 of the Paint
23 Stewardship Act.
24 (lll) (Reserved).
25 (mmm) (iii) Information prohibited from being
26 disclosed under subsection (e) of Section 1-129 of the
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1 Illinois Power Agency Act.
2 (nnn) Information prohibited from being disclosed
3 under subsection (g) of Section 25 of the Highway Work
4 Zone Safety Act.
5 (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
6 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
7 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
8 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
9 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
10 eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23;
11 revised 1-2-24.)
12 (Text of Section after amendment by P.A. 103-472)
13 Sec. 7.5. Statutory exemptions. To the extent provided for
14 by the statutes referenced below, the following shall be
15 exempt from inspection and copying:
16 (a) All information determined to be confidential
17 under Section 4002 of the Technology Advancement and
18 Development Act.
19 (b) Library circulation and order records identifying
20 library users with specific materials under the Library
21 Records Confidentiality Act.
22 (c) Applications, related documents, and medical
23 records received by the Experimental Organ Transplantation
24 Procedures Board and any and all documents or other
25 records prepared by the Experimental Organ Transplantation
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1 Procedures Board or its staff relating to applications it
2 has received.
3 (d) Information and records held by the Department of
4 Public Health and its authorized representatives relating
5 to known or suspected cases of sexually transmissible
6 disease or any information the disclosure of which is
7 restricted under the Illinois Sexually Transmissible
8 Disease Control Act.
9 (e) Information the disclosure of which is exempted
10 under Section 30 of the Radon Industry Licensing Act.
11 (f) Firm performance evaluations under Section 55 of
12 the Architectural, Engineering, and Land Surveying
13 Qualifications Based Selection Act.
14 (g) Information the disclosure of which is restricted
15 and exempted under Section 50 of the Illinois Prepaid
16 Tuition Act.
17 (h) Information the disclosure of which is exempted
18 under the State Officials and Employees Ethics Act, and
19 records of any lawfully created State or local inspector
20 general's office that would be exempt if created or
21 obtained by an Executive Inspector General's office under
22 that Act.
23 (i) Information contained in a local emergency energy
24 plan submitted to a municipality in accordance with a
25 local emergency energy plan ordinance that is adopted
26 under Section 11-21.5-5 of the Illinois Municipal Code.
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1 (j) Information and data concerning the distribution
2 of surcharge moneys collected and remitted by carriers
3 under the Emergency Telephone System Act.
4 (k) Law enforcement officer identification information
5 or driver identification information compiled by a law
6 enforcement agency or the Department of Transportation
7 under Section 11-212 of the Illinois Vehicle Code.
8 (l) Records and information provided to a residential
9 health care facility resident sexual assault and death
10 review team or the Executive Council under the Abuse
11 Prevention Review Team Act.
12 (m) Information provided to the predatory lending
13 database created pursuant to Article 3 of the Residential
14 Real Property Disclosure Act, except to the extent
15 authorized under that Article.
16 (n) Defense budgets and petitions for certification of
17 compensation and expenses for court appointed trial
18 counsel as provided under Sections 10 and 15 of the
19 Capital Crimes Litigation Act (repealed). This subsection
20 (n) shall apply until the conclusion of the trial of the
21 case, even if the prosecution chooses not to pursue the
22 death penalty prior to trial or sentencing.
23 (o) Information that is prohibited from being
24 disclosed under Section 4 of the Illinois Health and
25 Hazardous Substances Registry Act.
26 (p) Security portions of system safety program plans,
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1 investigation reports, surveys, schedules, lists, data, or
2 information compiled, collected, or prepared by or for the
3 Department of Transportation under Sections 2705-300 and
4 2705-616 of the Department of Transportation Law of the
5 Civil Administrative Code of Illinois, the Regional
6 Transportation Authority under Section 2.11 of the
7 Regional Transportation Authority Act, or the St. Clair
8 County Transit District under the Bi-State Transit Safety
9 Act (repealed).
10 (q) Information prohibited from being disclosed by the
11 Personnel Record Review Act.
12 (r) Information prohibited from being disclosed by the
13 Illinois School Student Records Act.
14 (s) Information the disclosure of which is restricted
15 under Section 5-108 of the Public Utilities Act.
16 (t) (Blank).
17 (u) Records and information provided to an independent
18 team of experts under the Developmental Disability and
19 Mental Health Safety Act (also known as Brian's Law).
20 (v) Names and information of people who have applied
21 for or received Firearm Owner's Identification Cards under
22 the Firearm Owners Identification Card Act or applied for
23 or received a concealed carry license under the Firearm
24 Concealed Carry Act, unless otherwise authorized by the
25 Firearm Concealed Carry Act; and databases under the
26 Firearm Concealed Carry Act, records of the Concealed
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1 Carry Licensing Review Board under the Firearm Concealed
2 Carry Act, and law enforcement agency objections under the
3 Firearm Concealed Carry Act.
4 (v-5) Records of the Firearm Owner's Identification
5 Card Review Board that are exempted from disclosure under
6 Section 10 of the Firearm Owners Identification Card Act.
7 (w) Personally identifiable information which is
8 exempted from disclosure under subsection (g) of Section
9 19.1 of the Toll Highway Act.
10 (x) Information which is exempted from disclosure
11 under Section 5-1014.3 of the Counties Code or Section
12 8-11-21 of the Illinois Municipal Code.
13 (y) Confidential information under the Adult
14 Protective Services Act and its predecessor enabling
15 statute, the Elder Abuse and Neglect Act, including
16 information about the identity and administrative finding
17 against any caregiver of a verified and substantiated
18 decision of abuse, neglect, or financial exploitation of
19 an eligible adult maintained in the Registry established
20 under Section 7.5 of the Adult Protective Services Act.
21 (z) Records and information provided to a fatality
22 review team or the Illinois Fatality Review Team Advisory
23 Council under Section 15 of the Adult Protective Services
24 Act.
25 (aa) Information which is exempted from disclosure
26 under Section 2.37 of the Wildlife Code.
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1 (bb) Information which is or was prohibited from
2 disclosure by the Juvenile Court Act of 1987.
3 (cc) Recordings made under the Law Enforcement
4 Officer-Worn Body Camera Act, except to the extent
5 authorized under that Act.
6 (dd) Information that is prohibited from being
7 disclosed under Section 45 of the Condominium and Common
8 Interest Community Ombudsperson Act.
9 (ee) Information that is exempted from disclosure
10 under Section 30.1 of the Pharmacy Practice Act.
11 (ff) Information that is exempted from disclosure
12 under the Revised Uniform Unclaimed Property Act.
13 (gg) Information that is prohibited from being
14 disclosed under Section 7-603.5 of the Illinois Vehicle
15 Code.
16 (hh) Records that are exempt from disclosure under
17 Section 1A-16.7 of the Election Code.
18 (ii) Information which is exempted from disclosure
19 under Section 2505-800 of the Department of Revenue Law of
20 the Civil Administrative Code of Illinois.
21 (jj) Information and reports that are required to be
22 submitted to the Department of Labor by registering day
23 and temporary labor service agencies but are exempt from
24 disclosure under subsection (a-1) of Section 45 of the Day
25 and Temporary Labor Services Act.
26 (kk) Information prohibited from disclosure under the
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1 Seizure and Forfeiture Reporting Act.
2 (ll) Information the disclosure of which is restricted
3 and exempted under Section 5-30.8 of the Illinois Public
4 Aid Code.
5 (mm) Records that are exempt from disclosure under
6 Section 4.2 of the Crime Victims Compensation Act.
7 (nn) Information that is exempt from disclosure under
8 Section 70 of the Higher Education Student Assistance Act.
9 (oo) Communications, notes, records, and reports
10 arising out of a peer support counseling session
11 prohibited from disclosure under the First Responders
12 Suicide Prevention Act.
13 (pp) Names and all identifying information relating to
14 an employee of an emergency services provider or law
15 enforcement agency under the First Responders Suicide
16 Prevention Act.
17 (qq) Information and records held by the Department of
18 Public Health and its authorized representatives collected
19 under the Reproductive Health Act.
20 (rr) Information that is exempt from disclosure under
21 the Cannabis Regulation and Tax Act.
22 (ss) Data reported by an employer to the Department of
23 Human Rights pursuant to Section 2-108 of the Illinois
24 Human Rights Act.
25 (tt) Recordings made under the Children's Advocacy
26 Center Act, except to the extent authorized under that
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1 Act.
2 (uu) Information that is exempt from disclosure under
3 Section 50 of the Sexual Assault Evidence Submission Act.
4 (vv) Information that is exempt from disclosure under
5 subsections (f) and (j) of Section 5-36 of the Illinois
6 Public Aid Code.
7 (ww) Information that is exempt from disclosure under
8 Section 16.8 of the State Treasurer Act.
9 (xx) Information that is exempt from disclosure or
10 information that shall not be made public under the
11 Illinois Insurance Code.
12 (yy) Information prohibited from being disclosed under
13 the Illinois Educational Labor Relations Act.
14 (zz) Information prohibited from being disclosed under
15 the Illinois Public Labor Relations Act.
16 (aaa) Information prohibited from being disclosed
17 under Section 1-167 of the Illinois Pension Code.
18 (bbb) Information that is prohibited from disclosure
19 by the Illinois Police Training Act and the Illinois State
20 Police Act.
21 (ccc) Records exempt from disclosure under Section
22 2605-304 of the Illinois State Police Law of the Civil
23 Administrative Code of Illinois.
24 (ddd) Information prohibited from being disclosed
25 under Section 35 of the Address Confidentiality for
26 Victims of Domestic Violence, Sexual Assault, Human
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1 Trafficking, or Stalking Act.
2 (eee) Information prohibited from being disclosed
3 under subsection (b) of Section 75 of the Domestic
4 Violence Fatality Review Act.
5 (fff) Images from cameras under the Expressway Camera
6 Act. This subsection (fff) is inoperative on and after
7 July 1, 2025.
8 (ggg) Information prohibited from disclosure under
9 paragraph (3) of subsection (a) of Section 14 of the Nurse
10 Agency Licensing Act.
11 (hhh) Information submitted to the Illinois State
12 Police in an affidavit or application for an assault
13 weapon endorsement, assault weapon attachment endorsement,
14 .50 caliber rifle endorsement, or .50 caliber cartridge
15 endorsement under the Firearm Owners Identification Card
16 Act.
17 (iii) Data exempt from disclosure under Section 50 of
18 the School Safety Drill Act.
19 (jjj) (hhh) Information exempt from disclosure under
20 Section 30 of the Insurance Data Security Law.
21 (kkk) (iii) Confidential business information
22 prohibited from disclosure under Section 45 of the Paint
23 Stewardship Act.
24 (lll) (iii) Data exempt from disclosure under Section
25 2-3.196 of the School Code.
26 (mmm) (iii) Information prohibited from being
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1 disclosed under subsection (e) of Section 1-129 of the
2 Illinois Power Agency Act.
3 (nnn) Information prohibited from being disclosed
4 under subsection (g) of Section 25 of the Highway Work
5 Zone Safety Act.
6 (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
7 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
8 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
9 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
10 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
11 eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
12 103-580, eff. 12-8-23; revised 1-2-24.)
13 Section 905. The Illinois Vehicle Code is amended by
14 changing Sections 3-400 and 11-612 as follows:
15 (625 ILCS 5/3-400) (from Ch. 95 1/2, par. 3-400)
16 Sec. 3-400. Definitions. Notwithstanding the definitions
17 set forth in Chapter 1 of this Act, for the purposes of this
18 Article, the following words shall have the meaning ascribed
19 to them as follows:
20 "Apportionable Fee" means any periodic recurring fee
21 required for licensing or registering vehicles, such as, but
22 not limited to, registration fees, license or weight fees.
23 "Apportionable Vehicle" means any vehicle, except
24 recreational vehicles, vehicles displaying restricted plates,
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1 city pickup and delivery vehicles, buses used in
2 transportation of chartered parties, and government owned
3 vehicles that are used or intended for use in 2 or more member
4 jurisdictions that allocate or proportionally register
5 vehicles, in a fleet which is used for the transportation of
6 persons for hire or the transportation of property and which
7 has a gross vehicle weight in excess of 26,000 pounds; or has
8 three or more axles regardless of weight; or is used in
9 combination when the weight of such combination exceeds 26,000
10 pounds gross vehicle weight. Vehicles, or combinations having
11 a gross vehicle weight of 26,000 pounds or less and two-axle
12 vehicles may be proportionally registered at the option of
13 such owner.
14 "Base Jurisdiction" means, for purposes of fleet
15 registration, the jurisdiction where the registrant has an
16 established place of business, where operational records of
17 the fleet are maintained and where mileage is accrued by the
18 fleet. In case a registrant operates more than one fleet, and
19 maintains records for each fleet in different places, the
20 "base jurisdiction" for a fleet shall be the jurisdiction
21 where an established place of business is maintained, where
22 records of the operation of that fleet are maintained and
23 where mileage is accrued by that fleet.
24 "Operational Records" means documents supporting miles
25 traveled in each jurisdiction and total miles traveled, such
26 as fuel reports, trip leases, and logs.
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1 "Owner" means a person who holds legal title of a motor
2 vehicle, or in the event a motor vehicle is the subject of an
3 agreement for the conditional sale or lease thereof with the
4 right of purchase upon performance of the conditions stated in
5 the agreement and with an immediate right of possession vested
6 in the conditional vendee or lessee with right of purchase, or
7 in the event a mortgagor of such motor vehicle is entitled to
8 possession, or in the event a lessee of such motor vehicle is
9 entitled to possession or control, then such conditional
10 vendee or lessee with right of purchase or mortgagor or lessee
11 is considered to be the owner for the purpose of this Act.
12 "Registration plate or digital registration plate cover"
13 means any tinted, colored, painted, marked, clear, or
14 illuminated object that is designed to (i) cover any of the
15 characters of a motor vehicle's registration plate or digital
16 registration plate; or (ii) distort a recorded image of any of
17 the characters of a motor vehicle's registration plate or
18 digital registration plate recorded by an automated
19 enforcement system as defined in Section 11-208.6, 11-208.8,
20 or 11-1201.1 of this Code or recorded by an automated traffic
21 control system as defined in Section 5 of the Highway Work Zone
22 Safety Act. 15 of the Automated Traffic Control Systems in
23 Highway Construction or Maintenance Zones Act.
24 "Rental Owner" means an owner principally engaged, with
25 respect to one or more rental fleets, in renting to others or
26 offering for rental the vehicles of such fleets, without
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1 drivers.
2 "Restricted Plates" shall include, but is not limited to,
3 dealer, manufacturer, transporter, farm, repossessor, and
4 permanently mounted type plates. Vehicles displaying any of
5 these type plates from a foreign jurisdiction that is a member
6 of the International Registration Plan shall be granted
7 reciprocity but shall be subject to the same limitations as
8 similar plated Illinois registered vehicles.
9 (Source: P.A. 101-395, eff. 8-16-19.)
10 (625 ILCS 5/11-612)
11 Sec. 11-612. Certain systems to record vehicle speeds
12 prohibited. Except as authorized in the Highway Work Zone
13 Safety Act Automated Traffic Control Systems in Highway
14 Construction or Maintenance Zones Act and Section 11-208.8 of
15 this Code, no photographic, video, or other imaging system may
16 be used in this State to record vehicle speeds for the purpose
17 of enforcing any law or ordinance regarding a maximum or
18 minimum speed limit unless a law enforcement officer is
19 present at the scene and witnesses the event. No State or local
20 governmental entity, including a home rule county or
21 municipality, may use such a system in a way that is prohibited
22 by this Section. The regulation of the use of such systems is
23 an exclusive power and function of the State. This Section is a
24 denial and limitation of home rule powers and functions under
25 subsection (h) of Section 6 of Article VII of the Illinois
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1 Constitution.
2 (Source: P.A. 97-672, eff. 7-1-12.)
3 (625 ILCS 7/Act rep.)
4 Section 910. The Automated Traffic Control Systems in
5 Highway Construction or Maintenance Zones Act is repealed.
6 Section 995. No acceleration or delay. Where this Act
7 makes changes in a statute that is represented in this Act by
8 text that is not yet or no longer in effect (for example, a
9 Section represented by multiple versions), the use of that
10 text does not accelerate or delay the taking effect of (i) the
11 changes made by this Act or (ii) provisions derived from any
12 other Public Act.
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