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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 "Construction or maintenance speed zone" has the same
8 meaning given to that term under Section 11-605.1 of the
9 Illinois Vehicle Code.
10 "Motor vehicle rental company" has the meaning given to
11 that term under Section 6-305.3 of the Illinois Vehicle Code.
12 "Owner" means a person in whose name a motor vehicle is
13 registered under the laws of this State, another state, or a
14 foreign country or under the International Registration Plan.
15 "Program" means the Highway Work Zone Safety Speed Control
16 Program created under this Act.
17 "Work zone speed limit" means a temporary speed limit
18 established for a work zone by (i) the Department of
19 Transportation, (ii) the Illinois State Toll Highway
20 Authority, or (iii) a unit of local government that has
21 jurisdiction over the highway.
22 "Work zone speed safety camera system" means a
23 photographic device, radar device, laser device, or other
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1 electrical or mechanical device or devices designed to record
2 the speed of a vehicle and obtain a clear photograph or other
3 recorded image of the vehicle, the vehicle operator, and the
4 vehicle's registration plate or digital registration plate
5 while the driver is violating Section 11-605.1 of the Illinois
6 Vehicle Code. The photograph or other recorded image must also
7 display the time, date, and location of the violation. A law
8 enforcement officer is not required to be present or to
9 witness the violation.
10 Section 10. Highway Work Zone Safety Speed Control
11 Program.
12 (a) The Department of Transportation, in coordination with
13 the Illinois State Police, shall establish the Highway Work
14 Zone Safety Speed Control Program for the purposes of
15 enforcing the speed limits established for construction or
16 maintenance speed zones.
17 (b) The Department of Transportation shall administer the
18 Program in coordination with the Illinois State Police and the
19 Illinois State Toll Highway Authority.
20 (c) The Illinois State Police and the Department of
21 Transportation shall enter into an agreement to share
22 information regarding the Program.
23 (d) The Department of Transportation may enter into an
24 agreement with a third-party vendor to assist in the
25 administration of the Program.
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1 Section 15. Procedures.
2 (a) The Illinois State Police, in conjunction with the
3 Department of Transportation and the Illinois State Toll
4 Highway Authority, shall set up and operate work zone speed
5 safety camera systems in highway construction and maintenance
6 speed zones to detect violations of posted work zone speed
7 limits.
8 (b) Before setting up a work zone speed safety camera
9 system for the purposes of the Program:
10 (1) the Illinois State Police and the Department of
11 Transportation may conduct a public information campaign
12 to inform drivers about the use of work zone speed safety
13 camera systems to detect speeds in excess of a work zone
14 speed limit; and
15 (2) signs indicating that work zone speeds are
16 enforced by work zone speed safety camera systems shall be
17 clearly posted in the areas where the systems may be in
18 use.
19 Section 20. Work zone speed safety camera system operator
20 requirements; duties; restrictions. The Department of
21 Transportation or the Illinois State Police may employ work
22 zone speed safety camera system operators to operate work zone
23 speed safety camera systems in construction or maintenance
24 speed zones. The Department of Transportation may adopt any
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1 rules necessary to establish requirements, duties, or
2 restrictions concerning work zone speed safety camera system
3 operators.
4 Section 25. Photographs and recorded images; permitted and
5 nonpermitted uses.
6 (a) Except as otherwise provided in this Act, information
7 and photographs or recorded images collected under the Program
8 are not discoverable by court order as evidence in a
9 proceeding except to assess a penalty under Section 30.
10 (b) Photographs or recorded images collected under the
11 Program must be destroyed not later than 2 years after the date
12 the photograph or recorded image is collected.
13 (c) Notwithstanding any other provision of law,
14 information and photographs or recorded images collected under
15 the Program are the exclusive property of the State and not the
16 property of the manufacturer or vendor of the work zone speed
17 safety camera system.
18 (d) Except as otherwise provided under the Illinois
19 Vehicle Code or this Act, use of a photograph or recorded image
20 obtained through the use of a work zone speed safety camera
21 system for the purpose of enforcing a traffic offense is
22 prohibited.
23 (e) A photograph or recorded image obtained through the
24 use of a work zone speed safety camera system may not be used
25 as evidence in any action other than an action to collect a
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1 work zone speed limit fine for which the photograph or
2 recorded image was obtained.
3 (f) A photograph or recorded image obtained through the
4 use of a work zone speed safety camera system may be used
5 internally to administer the Program. However, unless
6 authorized by court order, a photograph or recorded image
7 obtained through the use of a work zone speed safety camera
8 system may not be disclosed to anyone other than:
9 (1) the owner of the motor vehicle at the time the
10 recorded speed of the motor vehicle exceeded a work zone
11 speed limit;
12 (2) an individual alleged to have been operating the
13 motor vehicle at the time the work zone speed limit was
14 exceeded;
15 (3) an attorney representing an individual;
16 (4) a law enforcement officer;
17 (5) the Illinois State Police, the Illinois State Toll
18 Highway Authority, or the Department of Transportation; or
19 (6) a court.
20 (g) The information and recorded images collected under
21 the Program are confidential and exempt from disclosure under
22 the Freedom of Information Act.
23 Section 30. Civil law violation.
24 (a) A person who owns a motor vehicle that is identified by
25 an automated traffic control system as operating in a
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1 construction or maintenance speed zone at a speed in excess of
2 the posted speed limit commits a civil law violation.
3 (b) A person found to have committed a violation in
4 subsection (a) or subsection (c):
5 (1) Is guilty of a civil law violation punishable by a
6 minimum fine of $100 and a maximum fine of $200. The
7 proceeds of the fine shall be payable to the clerk of the
8 circuit court. Within one month after the deposit of the
9 fine, the clerk shall distribute the proceeds of the fine
10 as follows:
11 (A) $10 of the fine to the circuit clerk;
12 (B) $10 of the fine to the State's Attorney;
13 (C) $50 of the fine to the Transportation Safety
14 Highway Hire-back Fund in the State treasury; and
15 (D) any remainder of the fine to the State Police
16 Vehicle Fund in the State treasury.
17 (2) With respect to funds designated for the Illinois
18 State Police, the moneys shall be remitted by the circuit
19 court clerk to the Illinois State Police within one month
20 after receipt for deposit into the State Police Vehicle
21 Fund.
22 (3) With respect to moneys designated for the
23 Department of Transportation, the moneys shall be remitted
24 by the circuit court clerk to the Department of
25 Transportation within one month after receipt for deposit
26 into the Transportation Safety Highway Hire-back Fund.
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1 (c) A person found to have committed a third or subsequent
2 violation of subsection (a), and found to have failed to pay
3 all fines and costs within 30 days of the last judgment,
4 commits a separate civil law violation. The State may proceed
5 with collections in accordance with the law against a person
6 who is guilty under this Act but has failed to pay all fines
7 and costs.
8 Section 35. Vehicle rental or leasing company's
9 identification of a renter or lessee.
10 (a) A civil law violation issued under this Act to a motor
11 vehicle rental or leasing company shall be dismissed with
12 respect to the rental or leasing company if:
13 (1) the company responds to the civil law violation by
14 submitting, within 30 days of the mailing of the citation,
15 an affidavit of non-liability stating that, at the time of
16 the alleged speeding or other traffic violation, the
17 vehicle was in the custody and control of a renter or
18 lessee under the terms of a rental agreement or lease; and
19 (2) the company provides the driver's license number,
20 name, and address of the renter or lessee.
21 (b) A civil law violation dismissed with respect to a
22 motor vehicle rental or leasing company in accordance with
23 subsection (a) may then be issued and delivered by mail or
24 other means to the renter or lessee identified in the
25 affidavit of non-liability.
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1 Section 40. Procurement. The Department of Transportation
2 may procure such as is necessary to implement and administer
3 this Act.
4 Section 45. Rulemaking. The Department of Transportation
5 shall 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 Sec. 7.5. Statutory exemptions. To the extent provided for
10 by the statutes referenced below, the following shall be
11 exempt from inspection and copying:
12 (a) All information determined to be confidential
13 under Section 4002 of the Technology Advancement and
14 Development Act.
15 (b) Library circulation and order records identifying
16 library users with specific materials under the Library
17 Records Confidentiality Act.
18 (c) Applications, related documents, and medical
19 records received by the Experimental Organ Transplantation
20 Procedures Board and any and all documents or other
21 records prepared by the Experimental Organ Transplantation
22 Procedures Board or its staff relating to applications it
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1 has received.
2 (d) Information and records held by the Department of
3 Public Health and its authorized representatives relating
4 to known or suspected cases of sexually transmitted
5 infection or any information the disclosure of which is
6 restricted under the Illinois Sexually Transmitted
7 Infection Control Act.
8 (e) Information the disclosure of which is exempted
9 under Section 30 of the Radon Industry Licensing Act.
10 (f) Firm performance evaluations under Section 55 of
11 the Architectural, Engineering, and Land Surveying
12 Qualifications Based Selection Act.
13 (g) Information the disclosure of which is restricted
14 and exempted under Section 50 of the Illinois Prepaid
15 Tuition Act.
16 (h) Information the disclosure of which is exempted
17 under the State Officials and Employees Ethics Act, and
18 records of any lawfully created State or local inspector
19 general's office that would be exempt if created or
20 obtained by an Executive Inspector General's office under
21 that Act.
22 (i) Information contained in a local emergency energy
23 plan submitted to a municipality in accordance with a
24 local emergency energy plan ordinance that is adopted
25 under Section 11-21.5-5 of the Illinois Municipal Code.
26 (j) Information and data concerning the distribution
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1 of surcharge moneys collected and remitted by carriers
2 under the Emergency Telephone System Act.
3 (k) Law enforcement officer identification information
4 or driver identification information compiled by a law
5 enforcement agency or the Department of Transportation
6 under Section 11-212 of the Illinois Vehicle Code.
7 (l) Records and information provided to a residential
8 health care facility resident sexual assault and death
9 review team or the Executive Council under the Abuse
10 Prevention Review Team Act.
11 (m) Information provided to the predatory lending
12 database created pursuant to Article 3 of the Residential
13 Real Property Disclosure Act, except to the extent
14 authorized under that Article.
15 (n) Defense budgets and petitions for certification of
16 compensation and expenses for court appointed trial
17 counsel as provided under Sections 10 and 15 of the
18 Capital Crimes Litigation Act (repealed). This subsection
19 (n) shall apply until the conclusion of the trial of the
20 case, even if the prosecution chooses not to pursue the
21 death penalty prior to trial or sentencing.
22 (o) Information that is prohibited from being
23 disclosed under Section 4 of the Illinois Health and
24 Hazardous Substances Registry Act.
25 (p) Security portions of system safety program plans,
26 investigation reports, surveys, schedules, lists, data, or
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1 information compiled, collected, or prepared by or for the
2 Department of Transportation under Sections 2705-300 and
3 2705-616 of the Department of Transportation Law of the
4 Civil Administrative Code of Illinois, the Regional
5 Transportation Authority under Section 2.11 of the
6 Regional Transportation Authority Act, or the St. Clair
7 County Transit District under the Bi-State Transit Safety
8 Act (repealed).
9 (q) Information prohibited from being disclosed by the
10 Personnel Record Review Act.
11 (r) Information prohibited from being disclosed by the
12 Illinois School Student Records Act.
13 (s) Information the disclosure of which is restricted
14 under Section 5-108 of the Public Utilities Act.
15 (t) (Blank).
16 (u) Records and information provided to an independent
17 team of experts under the Developmental Disability and
18 Mental Health Safety Act (also known as Brian's Law).
19 (v) Names and information of people who have applied
20 for or received Firearm Owner's Identification Cards under
21 the Firearm Owners Identification Card Act or applied for
22 or received a concealed carry license under the Firearm
23 Concealed Carry Act, unless otherwise authorized by the
24 Firearm Concealed Carry Act; and databases under the
25 Firearm Concealed Carry Act, records of the Concealed
26 Carry Licensing Review Board under the Firearm Concealed
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1 Carry Act, and law enforcement agency objections under the
2 Firearm Concealed Carry Act.
3 (v-5) Records of the Firearm Owner's Identification
4 Card Review Board that are exempted from disclosure under
5 Section 10 of the Firearm Owners Identification Card Act.
6 (w) Personally identifiable information which is
7 exempted from disclosure under subsection (g) of Section
8 19.1 of the Toll Highway Act.
9 (x) Information which is exempted from disclosure
10 under Section 5-1014.3 of the Counties Code or Section
11 8-11-21 of the Illinois Municipal Code.
12 (y) Confidential information under the Adult
13 Protective Services Act and its predecessor enabling
14 statute, the Elder Abuse and Neglect Act, including
15 information about the identity and administrative finding
16 against any caregiver of a verified and substantiated
17 decision of abuse, neglect, or financial exploitation of
18 an eligible adult maintained in the Registry established
19 under Section 7.5 of the Adult Protective Services Act.
20 (z) Records and information provided to a fatality
21 review team or the Illinois Fatality Review Team Advisory
22 Council under Section 15 of the Adult Protective Services
23 Act.
24 (aa) Information which is exempted from disclosure
25 under Section 2.37 of the Wildlife Code.
26 (bb) Information which is or was prohibited from
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1 disclosure by the Juvenile Court Act of 1987.
2 (cc) Recordings made under the Law Enforcement
3 Officer-Worn Body Camera Act, except to the extent
4 authorized under that Act.
5 (dd) Information that is prohibited from being
6 disclosed under Section 45 of the Condominium and Common
7 Interest Community Ombudsperson Act.
8 (ee) Information that is exempted from disclosure
9 under Section 30.1 of the Pharmacy Practice Act.
10 (ff) Information that is exempted from disclosure
11 under the Revised Uniform Unclaimed Property Act.
12 (gg) Information that is prohibited from being
13 disclosed under Section 7-603.5 of the Illinois Vehicle
14 Code.
15 (hh) Records that are exempt from disclosure under
16 Section 1A-16.7 of the Election Code.
17 (ii) Information which is exempted from disclosure
18 under Section 2505-800 of the Department of Revenue Law of
19 the Civil Administrative Code of Illinois.
20 (jj) Information and reports that are required to be
21 submitted to the Department of Labor by registering day
22 and temporary labor service agencies but are exempt from
23 disclosure under subsection (a-1) of Section 45 of the Day
24 and Temporary Labor Services Act.
25 (kk) Information prohibited from disclosure under the
26 Seizure and Forfeiture Reporting Act.
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1 (ll) Information the disclosure of which is restricted
2 and exempted under Section 5-30.8 of the Illinois Public
3 Aid Code.
4 (mm) Records that are exempt from disclosure under
5 Section 4.2 of the Crime Victims Compensation Act.
6 (nn) Information that is exempt from disclosure under
7 Section 70 of the Higher Education Student Assistance Act.
8 (oo) Communications, notes, records, and reports
9 arising out of a peer support counseling session
10 prohibited from disclosure under the First Responders
11 Suicide Prevention Act.
12 (pp) Names and all identifying information relating to
13 an employee of an emergency services provider or law
14 enforcement agency under the First Responders Suicide
15 Prevention Act.
16 (qq) Information and records held by the Department of
17 Public Health and its authorized representatives collected
18 under the Reproductive Health Act.
19 (rr) Information that is exempt from disclosure under
20 the Cannabis Regulation and Tax Act.
21 (ss) Data reported by an employer to the Department of
22 Human Rights pursuant to Section 2-108 of the Illinois
23 Human Rights Act.
24 (tt) Recordings made under the Children's Advocacy
25 Center Act, except to the extent authorized under that
26 Act.
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1 (uu) Information that is exempt from disclosure under
2 Section 50 of the Sexual Assault Evidence Submission Act.
3 (vv) Information that is exempt from disclosure under
4 subsections (f) and (j) of Section 5-36 of the Illinois
5 Public Aid Code.
6 (ww) Information that is exempt from disclosure under
7 Section 16.8 of the State Treasurer Act.
8 (xx) Information that is exempt from disclosure or
9 information that shall not be made public under the
10 Illinois Insurance Code.
11 (yy) Information prohibited from being disclosed under
12 the Illinois Educational Labor Relations Act.
13 (zz) Information prohibited from being disclosed under
14 the Illinois Public Labor Relations Act.
15 (aaa) Information prohibited from being disclosed
16 under Section 1-167 of the Illinois Pension Code.
17 (bbb) Information that is prohibited from disclosure
18 by the Illinois Police Training Act and the Illinois State
19 Police Act.
20 (ccc) Records exempt from disclosure under Section
21 2605-304 of the Illinois State Police Law of the Civil
22 Administrative Code of Illinois.
23 (ddd) Information prohibited from being disclosed
24 under Section 35 of the Address Confidentiality for
25 Victims of Domestic Violence, Sexual Assault, Human
26 Trafficking, or Stalking Act.
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1 (eee) Information prohibited from being disclosed
2 under subsection (b) of Section 75 of the Domestic
3 Violence Fatality Review Act.
4 (fff) Images from cameras under the Expressway Camera
5 Act. This subsection (fff) is inoperative on and after
6 July 1, 2025.
7 (ggg) Information prohibited from disclosure under
8 paragraph (3) of subsection (a) of Section 14 of the Nurse
9 Agency Licensing Act.
10 (hhh) Information submitted to the Illinois State
11 Police in an affidavit or application for an assault
12 weapon endorsement, assault weapon attachment endorsement,
13 .50 caliber rifle endorsement, or .50 caliber cartridge
14 endorsement under the Firearm Owners Identification Card
15 Act.
16 (iii) Data exempt from disclosure under Section 50 of
17 the School Safety Drill Act.
18 (jjj) Information exempt from disclosure under Section
19 30 of the Insurance Data Security Law.
20 (kkk) Confidential business information prohibited
21 from disclosure under Section 45 of the Paint Stewardship
22 Act.
23 (lll) Data exempt from disclosure under Section
24 2-3.196 of the School Code.
25 (mmm) Information prohibited from being disclosed
26 under subsection (e) of Section 1-129 of the Illinois
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1 Power Agency Act.
2 (nnn) Materials received by the Department of Commerce
3 and Economic Opportunity that are confidential under the
4 Music and Musicians Tax Credit and Jobs Act.
5 (ooo) (nnn) Data or information provided pursuant to
6 Section 20 of the Statewide Recycling Needs and Assessment
7 Act.
8 (ppp) (nnn) Information that is exempt from disclosure
9 under Section 28-11 of the Lawful Health Care Activity
10 Act.
11 (qqq) (nnn) Information that is exempt from disclosure
12 under Section 7-101 of the Illinois Human Rights Act.
13 (rrr) (mmm) Information prohibited from being
14 disclosed under Section 4-2 of the Uniform Money
15 Transmission Modernization Act.
16 (sss) (nnn) Information exempt from disclosure under
17 Section 40 of the Student-Athlete Endorsement Rights Act.
18 (ttt) Information prohibited from being disclosed
19 under subsection (g) of Section 25 of the Highway Work
20 Zone Safety Act.
21 (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
22 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
23 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
24 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
25 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
26 eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
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1 103-580, eff. 12-8-23; 103-592, eff. 6-7-24; 103-605, eff.
2 7-1-24; 103-636, eff. 7-1-24; 103-724, eff. 1-1-25; 103-786,
3 eff. 8-7-24; 103-859, eff. 8-9-24; 103-991, eff. 8-9-24;
4 103-1049, eff. 8-9-24; revised 11-26-24.)
5 Section 905. The Illinois Vehicle Code is amended by
6 changing Sections 3-400, 11-605.1, and 11-612 as follows:
7 (625 ILCS 5/3-400) (from Ch. 95 1/2, par. 3-400)
8 Sec. 3-400. Definitions. Notwithstanding the definitions
9 set forth in Chapter 1 of this Act, for the purposes of this
10 Article, the following words shall have the meaning ascribed
11 to them as follows:
12 "Apportionable Fee" means any periodic recurring fee
13 required for licensing or registering vehicles, such as, but
14 not limited to, registration fees, license or weight fees.
15 "Apportionable Vehicle" means any vehicle, except
16 recreational vehicles, vehicles displaying restricted plates,
17 city pickup and delivery vehicles, buses used in
18 transportation of chartered parties, and government owned
19 vehicles that are used or intended for use in 2 or more member
20 jurisdictions that allocate or proportionally register
21 vehicles, in a fleet which is used for the transportation of
22 persons for hire or the transportation of property and which
23 has a gross vehicle weight in excess of 26,000 pounds; or has
24 three or more axles regardless of weight; or is used in
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1 combination when the weight of such combination exceeds 26,000
2 pounds gross vehicle weight. Vehicles, or combinations having
3 a gross vehicle weight of 26,000 pounds or less and two-axle
4 vehicles may be proportionally registered at the option of
5 such owner.
6 "Base Jurisdiction" means, for purposes of fleet
7 registration, the jurisdiction where the registrant has an
8 established place of business, where operational records of
9 the fleet are maintained and where mileage is accrued by the
10 fleet. In case a registrant operates more than one fleet, and
11 maintains records for each fleet in different places, the
12 "base jurisdiction" for a fleet shall be the jurisdiction
13 where an established place of business is maintained, where
14 records of the operation of that fleet are maintained and
15 where mileage is accrued by that fleet.
16 "Operational Records" means documents supporting miles
17 traveled in each jurisdiction and total miles traveled, such
18 as fuel reports, trip leases, and logs.
19 "Owner" means a person who holds legal title of a motor
20 vehicle, or in the event a motor vehicle is the subject of an
21 agreement for the conditional sale or lease thereof with the
22 right of purchase upon performance of the conditions stated in
23 the agreement and with an immediate right of possession vested
24 in the conditional vendee or lessee with right of purchase, or
25 in the event a mortgagor of such motor vehicle is entitled to
26 possession, or in the event a lessee of such motor vehicle is
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1 entitled to possession or control, then such conditional
2 vendee or lessee with right of purchase or mortgagor or lessee
3 is considered to be the owner for the purpose of this Act.
4 "Registration plate or digital registration plate cover"
5 means any tinted, colored, painted, marked, clear, or
6 illuminated object that is designed to (i) cover any of the
7 characters of a motor vehicle's registration plate or digital
8 registration plate; or (ii) distort a recorded image of any of
9 the characters of a motor vehicle's registration plate or
10 digital registration plate recorded by an automated
11 enforcement system as defined in Section 11-208.6, 11-208.8,
12 or 11-1201.1 of this Code or recorded by an automated traffic
13 control system as defined in Section 5 of the Highway Work Zone
14 Safety Act. 15 of the Automated Traffic Control Systems in
15 Highway Construction or Maintenance Zones Act.
16 "Rental Owner" means an owner principally engaged, with
17 respect to one or more rental fleets, in renting to others or
18 offering for rental the vehicles of such fleets, without
19 drivers.
20 "Restricted Plates" shall include, but is not limited to,
21 dealer, manufacturer, transporter, farm, repossessor, and
22 permanently mounted type plates. Vehicles displaying any of
23 these type plates from a foreign jurisdiction that is a member
24 of the International Registration Plan shall be granted
25 reciprocity but shall be subject to the same limitations as
26 similar plated Illinois registered vehicles.
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1 (Source: P.A. 101-395, eff. 8-16-19.)
2 (625 ILCS 5/11-605.1)
3 Sec. 11-605.1. Special limit while traveling through a
4 highway construction or maintenance speed zone.
5 (a) A person may not operate a motor vehicle in a
6 construction or maintenance speed zone at a speed in excess of
7 the posted speed limit when workers are present.
8 (a-5) A person may not operate a motor vehicle in a
9 construction or maintenance speed zone at a speed in excess of
10 the posted speed limit when workers are not present.
11 (b) Nothing in this Chapter prohibits the use of
12 electronic speed-detecting devices within 500 feet of signs
13 within a construction or maintenance speed zone indicating the
14 zone, as defined in this Section, nor shall evidence obtained
15 by use of those devices be inadmissible in any prosecution for
16 speeding, provided the use of the device shall apply only to
17 the enforcement of the speed limit in the construction or
18 maintenance speed zone.
19 (c) As used in this Section, a "construction or
20 maintenance speed zone" is an area in which the Department,
21 Toll Highway Authority, or local agency has posted signage
22 advising drivers that a construction or maintenance speed zone
23 is being approached, or in which the Department, Authority, or
24 local agency has posted a lower speed limit with a highway
25 construction or maintenance speed zone special speed limit
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1 sign after determining that the preexisting established speed
2 limit through a highway construction or maintenance project is
3 greater than is reasonable or safe with respect to the
4 conditions expected to exist in the construction or
5 maintenance speed zone.
6 If it is determined that the preexisting established speed
7 limit is safe with respect to the conditions expected to exist
8 in the construction or maintenance speed zone, additional
9 speed limit signs which conform to the requirements of this
10 subsection (c) shall be posted.
11 Highway construction or maintenance speed zone special
12 speed limit signs shall be of a design approved by the
13 Department. The signs must give proper due warning that a
14 construction or maintenance speed zone is being approached and
15 must indicate the maximum speed limit in effect. The signs
16 also must state that higher fines apply the amount of the
17 minimum fine for a violation.
18 (d) Except as provided under subsection (d-5), a person
19 who violates this Section is guilty of a petty offense.
20 Violations of this Section are punishable with a minimum fine
21 of $250 for the first violation and a minimum fine of $750 for
22 the second or subsequent violation.
23 (d-5) A person committing a violation of this Section is
24 guilty of aggravated special speed limit while traveling
25 through a highway construction or maintenance speed zone when
26 he or she drives a motor vehicle at a speed that is:
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1 (1) 26 miles per hour or more but less than 35 miles
2 per hour in excess of the applicable special speed limit
3 established under this Section or a similar provision of a
4 local ordinance and is guilty of a Class B misdemeanor; or
5 (2) 35 miles per hour or more in excess of the
6 applicable special speed limit established under this
7 Section or a similar provision of a local ordinance and is
8 guilty of a Class A misdemeanor.
9 (e) (Blank).
10 (e-5) The Illinois State Police and the local county
11 police department have concurrent jurisdiction over any
12 violation of this Section that occurs on an interstate
13 highway.
14 (f) The Transportation Safety Highway Hire-back Fund,
15 which was created by Public Act 92-619, shall continue to be a
16 special fund in the State treasury. Subject to appropriation
17 by the General Assembly and approval by the Secretary, the
18 Secretary of Transportation shall use all moneys in the
19 Transportation Safety Highway Hire-back Fund to hire off-duty
20 Illinois State Police officers to monitor construction or
21 maintenance zones.
22 (f-5) Each county shall create a Transportation Safety
23 Highway Hire-back Fund. The county shall use the moneys in its
24 Transportation Safety Highway Hire-back Fund to hire off-duty
25 county police officers to monitor construction or maintenance
26 zones in that county on highways other than interstate
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1 highways. The county, in its discretion, may also use a
2 portion of the moneys in its Transportation Safety Highway
3 Hire-back Fund to purchase equipment for county law
4 enforcement and fund the production of materials to educate
5 drivers on construction zone safe driving habits.
6 (g) For a second or subsequent violation of this Section
7 within 2 years of the date of the previous violation, the
8 Secretary of State shall suspend the driver's license of the
9 violator for a period of 90 days. This suspension shall only be
10 imposed if the current violation of this Section and at least
11 one prior violation of this Section occurred during a period
12 when workers were present in the construction or maintenance
13 zone.
14 (Source: P.A. 102-538, eff. 8-20-21.)
15 (625 ILCS 5/11-612)
16 Sec. 11-612. Certain systems to record vehicle speeds
17 prohibited. Except as authorized in the Highway Work Zone
18 Safety Act Automated Traffic Control Systems in Highway
19 Construction or Maintenance Zones Act and Section 11-208.8 of
20 this Code, no photographic, video, or other imaging system may
21 be used in this State to record vehicle speeds for the purpose
22 of enforcing any law or ordinance regarding a maximum or
23 minimum speed limit unless a law enforcement officer is
24 present at the scene and witnesses the event. No State or local
25 governmental entity, including a home rule county or
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1 municipality, may use such a system in a way that is prohibited
2 by this Section. The regulation of the use of such systems is
3 an exclusive power and function of the State. This Section is a
4 denial and limitation of home rule powers and functions under
5 subsection (h) of Section 6 of Article VII of the Illinois
6 Constitution.
7 (Source: P.A. 97-672, eff. 7-1-12.)
8 (625 ILCS 7/Act rep.)
9 Section 910. The Automated Traffic Control Systems in
10 Highway Construction or Maintenance Zones Act is repealed.
11 Section 999. Effective date. This Act takes effect upon
12 becoming law, except that Section 910 takes effect January 1,
13 2027.
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