HB2857 104TH GENERAL ASSEMBLY

LRB104 08086 LNS 18132 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB2857

Introduced 2/6/2025, by Rep. Jaime M. Andrade, Jr.

SYNOPSIS AS INTRODUCED:

See Index

Creates the Highway Work Zone Safety Act. Requires the Department of Transportation, in coordination with the Illinois State Police, to establish the Highway Work Zone Speed Control Program for the purposes of enforcing the speed limits established for construction or maintenance speed zones. Requires the Illinois State Police, in conjunction with the Department of Transportation and the Illinois State Toll Highway Authority, to set up and operate automated traffic control systems in highway construction and maintenance speed zones to detect violations of posted work zone speed limits. Allows the Department of Transportation or the Illinois State Police to employ automated traffic control system operators to operate automated traffic control systems in construction or maintenance speed zones. Provides, with exceptions, that information and photographs or recorded images collected under the Program are not discoverable by court order as evidence in a proceeding. Requires information and photographs or recorded images collected under the Program to be destroyed not later than 2 years after the date the information and photographs or recorded images are collected. Provides that information and photographs or recorded images collected under the Program are the exclusive property of the State and not the property of the manufacturer or vendor of the automated traffic control system. Prohibits the use of a photograph or recorded image obtained through the use of an automated traffic control system for the purpose of enforcing a traffic offense. Provides that a person who owns a motor vehicle that is identified by an automated traffic control system as operating in a construction or maintenance speed zone at a speed in excess of the posted speed limit commits a civil law violation that is punishable by a minimum fine of $100 and a maximum fine of $200. Grants rulemaking authority to the Department of Transportation to implement and administer the Act. Makes other changes. Makes corresponding changes in the Freedom of Information Act and the Illinois Vehicle Code. Repeals the Automated Traffic Control Systems in Highway Construction or Maintenance Zones Act. Effective January 1, 2027, except provisions regarding procurement and rulemaking are effective immediately.

A BILL FOR

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Highway Work Zone Safety Act.

Section 5. Definitions. As used in this Act:

"Automatic traffic control system" means a photographic device, radar device, laser device, or other electrical or mechanical device or devices designed to record the speed of a vehicle and obtain a clear photograph or other recorded image of the vehicle, the vehicle operator, and the vehicle's registration plate or digital registration plate while the driver is violating Section 11-605.1 of the Illinois Vehicle Code. The photograph or other recorded image must also display the time, date, and location of the violation. A law enforcement officer is not required to be present or to witness the violation.

"Construction or maintenance speed zone" has the same meaning given to that term under Section 11-605.1 of the Illinois Vehicle Code.

"Motor vehicle rental company" has the meaning given to that term under Section 6-305.3 of the Illinois Vehicle Code.

"Owner" means a person in whose name a motor vehicle is registered under the laws of this State, another state, or a foreign country or under the International Registration Plan.

"Program" means the Highway Work Zone Speed Control Program created under this Act.

"Work zone speed limit" means a temporary speed limit established for a work zone by (i) the Department of Transportation and the Illinois State Toll Highway Authority, or (ii) a unit of local government that has jurisdiction over the work zone.

Section 10. Highway Work Zone Speed Control Program.

(a) The Department of Transportation, in coordination with the Illinois State Police, shall establish the Highway Work Zone Speed Control Program for the purposes of enforcing the speed limits established for construction or maintenance speed zones.

(b) The Department of Transportation shall administer the Program in coordination with the Illinois State Police and the Illinois State Toll Highway Authority.

(c) The Illinois State Police and the Department of Transportation shall enter into an agreement to share information regarding the Program.

(d) The Department of Transportation may enter into an agreement with a third-party vendor to assist in the administration of the Program.

Section 15. Procedures.

(a) The Illinois State Police, in conjunction with the Department of Transportation and the Illinois State Toll Highway Authority, shall set up and operate automated traffic control systems in highway construction and maintenance speed zones to detect violations of posted work zone speed limits.

(b) Before setting up an automated traffic control system for the purposes of the Program:

(1) the Illinois State Police and the Department of Transportation may conduct a public information campaign to inform drivers about the use of automated traffic control systems to detect speeds in excess of a work zone speed limit; and

(2) signs indicating that work zone speeds are enforced by automated traffic control systems shall be clearly posted in the areas where the systems are or will be in use.

Section 20. Automated traffic control system operator requirements; duties; restrictions. The Department of Transportation or the Illinois State Police may employ automated traffic control system operators to operate automated traffic control systems in construction or maintenance speed zones. The Department of Transportation may adopt any rules necessary to establish requirements, duties, or restrictions concerning automated traffic control system operators.

Section 25. Photograph and recorded images; permitted and nonpermitted uses.

(a) Except as otherwise provided in this Act, information and photographs or recorded images collected under the Program are not discoverable by court order as evidence in a proceeding except to assess a penalty under Section 30.

(b) Information and photographs or recorded images collected under the Program must be destroyed not later than 2 years after the date the information and photograph or recorded image is collected.

(c) Notwithstanding any other provision of law, information and photographs or recorded images collected under the Program are the exclusive property of the State and not the property of the manufacturer or vendor of the automated traffic control system.

(d) Except as otherwise provided under the Illinois Vehicle Code or this Act, use of a photograph or recorded image obtained through the use of an automated traffic control system for the purpose of enforcing a traffic offense is prohibited.

(e) A photograph or recorded image obtained through the use of an automated traffic control system may not be used as evidence in any action other than an action to collect a work zone speed limit fine for which the photograph or recorded image was obtained.

(f) A photograph or recorded image obtained through the use of an automated traffic control system may be used internally to administer the Program. However, unless authorized by court order, a photograph or recorded image obtained through the use of an automated traffic control system may not be disclosed to anyone other than:

(1) the owner of the motor vehicle at the time the recorded speed of the motor vehicle exceeded a work zone speed limit;

(2) an individual alleged to have been operating the motor vehicle at the time the work zone speed limit was exceeded;

(3) an attorney representing an individual;

(4) a law enforcement officer;

(5) the Illinois State Police, the Illinois State Toll Highway Authority, or the Department of Transportation; or

(6) a court.

(g) The information and recorded images collected under the Program are confidential and exempt from disclosure under the Freedom of Information Act.

Section 30. Civil law violation.

(a) A person who owns a motor vehicle that is identified by an automated traffic control system as operating in a construction or maintenance speed zone at a speed in excess of the posted speed limit commits a civil law violation.

(b) A person found to have committed a violation in subsection (a) or subsection (c):

(1) is guilty of a civil law violation punishable by a minimum fine of $100 and a maximum fine of $200. The proceeds of the fine shall be payable to the clerk of the circuit court. Within one month after the deposit of the fine, the clerk shall distribute the proceeds of the fine as follows:

(A) $10 of the fine to the circuit clerk;

(B) $10 of the fine to the State's Attorney;

(C) $50 of the fine to the Transportation Safety Highway Hire-back Fund in the State treasury; and

(D) any remainder of the fine to the State Police Vehicle Fund in the State treasury.

(2) With respect to funds designated for the Illinois State Police, the moneys shall be remitted by the circuit court clerk to the Illinois State Police within one month after receipt for deposit into the State Police Vehicle Fund.

(3) With respect to moneys designated for the Department of Transportation, the moneys shall be remitted by the circuit court clerk to the Department of Transportation within one month after receipt for deposit into the Transportation Safety Highway Hire-back Fund.

(c) A person found to have committed a third or subsequent violation of subsection (a), and found to have failed to pay all fines and costs within 30 days of the last judgment, commits a separate civil law violation. The State may proceed with collections in accordance with the law against a person who is guilty under this Act but has failed to pay all fines and costs.

Section 35. Vehicle rental or leasing company's identification of a renter or lessee.

(a) A civil law violation issued under this Act to a motor vehicle rental or leasing company shall be dismissed with respect to the rental or leasing company if:

(1) the company responds to the civil law violation by submitting, within 30 days of the mailing of the citation, an affidavit of non-liability stating that, at the time of the alleged speeding or other traffic violation, the vehicle was in the custody and control of a renter or lessee under the terms of a rental agreement or lease; and

(2) the company provides the driver's license number, name, and address of the renter or lessee.

(b) A civil law violation dismissed with respect to a motor vehicle rental or leasing company in accordance with subsection (a) may then be issued and delivered by mail or other means to the renter or lessee identified in the affidavit of non-liability.

Section 40. Procurement. The Department of Transportation may procure such as is necessary to implement and administer this Act.

Section 45. Rulemaking. The Department of Transportation shall adopt rules to implement and administer this Act.

Section 900. The Freedom of Information Act is amended by changing Section 7.5 as follows:

(5 ILCS 140/7.5)

Sec. 7.5. Statutory exemptions. To the extent provided for by the statutes referenced below, the following shall be exempt from inspection and copying:

(a) All information determined to be confidential under Section 4002 of the Technology Advancement and Development Act.

(b) Library circulation and order records identifying library users with specific materials under the Library Records Confidentiality Act.

(c) Applications, related documents, and medical records received by the Experimental Organ Transplantation Procedures Board and any and all documents or other records prepared by the Experimental Organ Transplantation Procedures Board or its staff relating to applications it has received.

(d) Information and records held by the Department of Public Health and its authorized representatives relating to known or suspected cases of sexually transmitted infection or any information the disclosure of which is restricted under the Illinois Sexually Transmitted Infection Control Act.

(e) Information the disclosure of which is exempted under Section 30 of the Radon Industry Licensing Act.

(f) Firm performance evaluations under Section 55 of the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act.

(g) Information the disclosure of which is restricted and exempted under Section 50 of the Illinois Prepaid Tuition Act.

(h) Information the disclosure of which is exempted under the State Officials and Employees Ethics Act, and records of any lawfully created State or local inspector general's office that would be exempt if created or obtained by an Executive Inspector General's office under that Act.

(i) Information contained in a local emergency energy plan submitted to a municipality in accordance with a local emergency energy plan ordinance that is adopted under Section 11-21.5-5 of the Illinois Municipal Code.

(j) Information and data concerning the distribution of surcharge moneys collected and remitted by carriers under the Emergency Telephone System Act.

(k) Law enforcement officer identification information or driver identification information compiled by a law enforcement agency or the Department of Transportation under Section 11-212 of the Illinois Vehicle Code.

(l) Records and information provided to a residential health care facility resident sexual assault and death review team or the Executive Council under the Abuse Prevention Review Team Act.

(m) Information provided to the predatory lending database created pursuant to Article 3 of the Residential Real Property Disclosure Act, except to the extent authorized under that Article.

(n) Defense budgets and petitions for certification of compensation and expenses for court appointed trial counsel as provided under Sections 10 and 15 of the Capital Crimes Litigation Act (repealed). This subsection (n) shall apply until the conclusion of the trial of the case, even if the prosecution chooses not to pursue the death penalty prior to trial or sentencing.

(o) Information that is prohibited from being disclosed under Section 4 of the Illinois Health and Hazardous Substances Registry Act.

(p) Security portions of system safety program plans, investigation reports, surveys, schedules, lists, data, or information compiled, collected, or prepared by or for the Department of Transportation under Sections 2705-300 and 2705-616 of the Department of Transportation Law of the Civil Administrative Code of Illinois, the Regional Transportation Authority under Section 2.11 of the Regional Transportation Authority Act, or the St. Clair County Transit District under the Bi-State Transit Safety Act (repealed).

(q) Information prohibited from being disclosed by the Personnel Record Review Act.

(r) Information prohibited from being disclosed by the Illinois School Student Records Act.

(s) Information the disclosure of which is restricted under Section 5-108 of the Public Utilities Act.

(t) (Blank).

(u) Records and information provided to an independent team of experts under the Developmental Disability and Mental Health Safety Act (also known as Brian's Law).

(v) Names and information of people who have applied for or received Firearm Owner's Identification Cards under the Firearm Owners Identification Card Act or applied for or received a concealed carry license under the Firearm Concealed Carry Act, unless otherwise authorized by the Firearm Concealed Carry Act; and databases under the Firearm Concealed Carry Act, records of the Concealed Carry Licensing Review Board under the Firearm Concealed Carry Act, and law enforcement agency objections under the Firearm Concealed Carry Act.

(v-5) Records of the Firearm Owner's Identification Card Review Board that are exempted from disclosure under Section 10 of the Firearm Owners Identification Card Act.

(w) Personally identifiable information which is exempted from disclosure under subsection (g) of Section 19.1 of the Toll Highway Act.

(x) Information which is exempted from disclosure under Section 5-1014.3 of the Counties Code or Section 8-11-21 of the Illinois Municipal Code.

(y) Confidential information under the Adult Protective Services Act and its predecessor enabling statute, the Elder Abuse and Neglect Act, including information about the identity and administrative finding against any caregiver of a verified and substantiated decision of abuse, neglect, or financial exploitation of an eligible adult maintained in the Registry established under Section 7.5 of the Adult Protective Services Act.

(z) Records and information provided to a fatality review team or the Illinois Fatality Review Team Advisory Council under Section 15 of the Adult Protective Services Act.

(aa) Information which is exempted from disclosure under Section 2.37 of the Wildlife Code.

(bb) Information which is or was prohibited from disclosure by the Juvenile Court Act of 1987.

(cc) Recordings made under the Law Enforcement Officer-Worn Body Camera Act, except to the extent authorized under that Act.

(dd) Information that is prohibited from being disclosed under Section 45 of the Condominium and Common Interest Community Ombudsperson Act.

(ee) Information that is exempted from disclosure under Section 30.1 of the Pharmacy Practice Act.

(ff) Information that is exempted from disclosure under the Revised Uniform Unclaimed Property Act.

(gg) Information that is prohibited from being disclosed under Section 7-603.5 of the Illinois Vehicle Code.

(hh) Records that are exempt from disclosure under Section 1A-16.7 of the Election Code.

(ii) Information which is exempted from disclosure under Section 2505-800 of the Department of Revenue Law of the Civil Administrative Code of Illinois.

(jj) Information and reports that are required to be submitted to the Department of Labor by registering day and temporary labor service agencies but are exempt from disclosure under subsection (a-1) of Section 45 of the Day and Temporary Labor Services Act.

(kk) Information prohibited from disclosure under the Seizure and Forfeiture Reporting Act.

(ll) Information the disclosure of which is restricted and exempted under Section 5-30.8 of the Illinois Public Aid Code.

(mm) Records that are exempt from disclosure under Section 4.2 of the Crime Victims Compensation Act.

(nn) Information that is exempt from disclosure under Section 70 of the Higher Education Student Assistance Act.

(oo) Communications, notes, records, and reports arising out of a peer support counseling session prohibited from disclosure under the First Responders Suicide Prevention Act.

(pp) Names and all identifying information relating to an employee of an emergency services provider or law enforcement agency under the First Responders Suicide Prevention Act.

(qq) Information and records held by the Department of Public Health and its authorized representatives collected under the Reproductive Health Act.

(rr) Information that is exempt from disclosure under the Cannabis Regulation and Tax Act.

(ss) Data reported by an employer to the Department of Human Rights pursuant to Section 2-108 of the Illinois Human Rights Act.

(tt) Recordings made under the Children's Advocacy Center Act, except to the extent authorized under that Act.

(uu) Information that is exempt from disclosure under Section 50 of the Sexual Assault Evidence Submission Act.

(vv) Information that is exempt from disclosure under subsections (f) and (j) of Section 5-36 of the Illinois Public Aid Code.

(ww) Information that is exempt from disclosure under Section 16.8 of the State Treasurer Act.

(xx) Information that is exempt from disclosure or information that shall not be made public under the Illinois Insurance Code.

(yy) Information prohibited from being disclosed under the Illinois Educational Labor Relations Act.

(zz) Information prohibited from being disclosed under the Illinois Public Labor Relations Act.

(aaa) Information prohibited from being disclosed under Section 1-167 of the Illinois Pension Code.

(bbb) Information that is prohibited from disclosure by the Illinois Police Training Act and the Illinois State Police Act.

(ccc) Records exempt from disclosure under Section 2605-304 of the Illinois State Police Law of the Civil Administrative Code of Illinois.

(ddd) Information prohibited from being disclosed under Section 35 of the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Human Trafficking, or Stalking Act.

(eee) Information prohibited from being disclosed under subsection (b) of Section 75 of the Domestic Violence Fatality Review Act.

(fff) Images from cameras under the Expressway Camera Act. This subsection (fff) is inoperative on and after July 1, 2025.

(ggg) Information prohibited from disclosure under paragraph (3) of subsection (a) of Section 14 of the Nurse Agency Licensing Act.

(hhh) Information submitted to the Illinois State Police in an affidavit or application for an assault weapon endorsement, assault weapon attachment endorsement, .50 caliber rifle endorsement, or .50 caliber cartridge endorsement under the Firearm Owners Identification Card Act.

(iii) Data exempt from disclosure under Section 50 of the School Safety Drill Act.

(jjj) Information exempt from disclosure under Section 30 of the Insurance Data Security Law.

(kkk) Confidential business information prohibited from disclosure under Section 45 of the Paint Stewardship Act.

(lll) Data exempt from disclosure under Section 2-3.196 of the School Code.

(mmm) Information prohibited from being disclosed under subsection (e) of Section 1-129 of the Illinois Power Agency Act.

(nnn) Materials received by the Department of Commerce and Economic Opportunity that are confidential under the Music and Musicians Tax Credit and Jobs Act.

(ooo) (nnn) Data or information provided pursuant to Section 20 of the Statewide Recycling Needs and Assessment Act.

(ppp) (nnn) Information that is exempt from disclosure under Section 28-11 of the Lawful Health Care Activity Act.

(qqq) (nnn) Information that is exempt from disclosure under Section 7-101 of the Illinois Human Rights Act.

(rrr) (mmm) Information prohibited from being disclosed under Section 4-2 of the Uniform Money Transmission Modernization Act.

(sss) (nnn) Information exempt from disclosure under Section 40 of the Student-Athlete Endorsement Rights Act.

(ttt) Information prohibited from being disclosed under subsection (g) of Section 25 of the Highway Work Zone Safety Act.

(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592, eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24; 103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff. 8-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; revised 11-26-24.)

Section 905. The Illinois Vehicle Code is amended by changing Sections 3-400 and 11-612 as follows:

(625 ILCS 5/3-400) (from Ch. 95 1/2, par. 3-400)

Sec. 3-400. Definitions. Notwithstanding the definitions set forth in Chapter 1 of this Act, for the purposes of this Article, the following words shall have the meaning ascribed to them as follows:

"Apportionable Fee" means any periodic recurring fee required for licensing or registering vehicles, such as, but not limited to, registration fees, license or weight fees.

"Apportionable Vehicle" means any vehicle, except recreational vehicles, vehicles displaying restricted plates, city pickup and delivery vehicles, buses used in transportation of chartered parties, and government owned vehicles that are used or intended for use in 2 or more member jurisdictions that allocate or proportionally register vehicles, in a fleet which is used for the transportation of persons for hire or the transportation of property and which has a gross vehicle weight in excess of 26,000 pounds; or has three or more axles regardless of weight; or is used in combination when the weight of such combination exceeds 26,000 pounds gross vehicle weight. Vehicles, or combinations having a gross vehicle weight of 26,000 pounds or less and two-axle vehicles may be proportionally registered at the option of such owner.

"Base Jurisdiction" means, for purposes of fleet registration, the jurisdiction where the registrant has an established place of business, where operational records of the fleet are maintained and where mileage is accrued by the fleet. In case a registrant operates more than one fleet, and maintains records for each fleet in different places, the "base jurisdiction" for a fleet shall be the jurisdiction where an established place of business is maintained, where records of the operation of that fleet are maintained and where mileage is accrued by that fleet.

"Operational Records" means documents supporting miles traveled in each jurisdiction and total miles traveled, such as fuel reports, trip leases, and logs.

"Owner" means a person who holds legal title of a motor vehicle, or in the event a motor vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee with right of purchase, or in the event a mortgagor of such motor vehicle is entitled to possession, or in the event a lessee of such motor vehicle is entitled to possession or control, then such conditional vendee or lessee with right of purchase or mortgagor or lessee is considered to be the owner for the purpose of this Act.

"Registration plate or digital registration plate cover" means any tinted, colored, painted, marked, clear, or illuminated object that is designed to (i) cover any of the characters of a motor vehicle's registration plate or digital registration plate; or (ii) distort a recorded image of any of the characters of a motor vehicle's registration plate or digital registration plate recorded by an automated enforcement system as defined in Section 11-208.6, 11-208.8, or 11-1201.1 of this Code or recorded by an automated traffic control system as defined in Section 5 of the Highway Work Zone Safety Act. 15 of the Automated Traffic Control Systems in Highway Construction or Maintenance Zones Act.

"Rental Owner" means an owner principally engaged, with respect to one or more rental fleets, in renting to others or offering for rental the vehicles of such fleets, without drivers.

"Restricted Plates" shall include, but is not limited to, dealer, manufacturer, transporter, farm, repossessor, and permanently mounted type plates. Vehicles displaying any of these type plates from a foreign jurisdiction that is a member of the International Registration Plan shall be granted reciprocity but shall be subject to the same limitations as similar plated Illinois registered vehicles.

(Source: P.A. 101-395, eff. 8-16-19.)

(625 ILCS 5/11-612)

Sec. 11-612. Certain systems to record vehicle speeds prohibited. Except as authorized in the Highway Work Zone Safety Act Automated Traffic Control Systems in Highway Construction or Maintenance Zones Act and Section 11-208.8 of this Code, no photographic, video, or other imaging system may be used in this State to record vehicle speeds for the purpose of enforcing any law or ordinance regarding a maximum or minimum speed limit unless a law enforcement officer is present at the scene and witnesses the event. No State or local governmental entity, including a home rule county or municipality, may use such a system in a way that is prohibited by this Section. The regulation of the use of such systems is an exclusive power and function of the State. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

(Source: P.A. 97-672, eff. 7-1-12.)

(625 ILCS 7/Act rep.)

Section 910. The Automated Traffic Control Systems in Highway Construction or Maintenance Zones Act is repealed.

Section 999. Effective date. This Act takes effect January 1, 2027, except that this Section and Sections 40 and 45 take effect upon becoming law.