HB2857 EngrossedLRB104 08086 LNS 18132 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Highway Work Zone Safety Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Construction or maintenance speed zone" has the same
8meaning given to that term under Section 11-605.1 of the
9Illinois Vehicle Code.
10    "Motor vehicle rental company" has the meaning given to
11that term under Section 6-305.3 of the Illinois Vehicle Code.
12    "Owner" means a person in whose name a motor vehicle is
13registered under the laws of this State, another state, or a
14foreign country or under the International Registration Plan.
15    "Program" means the Highway Work Zone Safety Speed Control
16Program created under this Act.
17    "Work zone speed limit" means a temporary speed limit
18established for a work zone by (i) the Department of
19Transportation, (ii) the Illinois State Toll Highway
20Authority, or (iii) a unit of local government that has
21jurisdiction over the highway.
22    "Work zone speed safety camera system" means a
23photographic device, radar device, laser device, or other

 

 

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1electrical or mechanical device or devices designed to record
2the speed of a vehicle and obtain a clear photograph or other
3recorded image of the vehicle, the vehicle operator, and the
4vehicle's registration plate or digital registration plate
5while the driver is violating Section 11-605.1 of the Illinois
6Vehicle Code. The photograph or other recorded image must also
7display the time, date, and location of the violation. A law
8enforcement officer is not required to be present or to
9witness the violation.
 
10    Section 10. Highway Work Zone Safety Speed Control
11Program.
12    (a) The Department of Transportation, in coordination with
13the Illinois State Police, shall establish the Highway Work
14Zone Safety Speed Control Program for the purposes of
15enforcing the speed limits established for construction or
16maintenance speed zones.
17    (b) The Department of Transportation shall administer the
18Program in coordination with the Illinois State Police and the
19Illinois State Toll Highway Authority.
20    (c) The Illinois State Police and the Department of
21Transportation shall enter into an agreement to share
22information regarding the Program.
23    (d) The Department of Transportation may enter into an
24agreement with a third-party vendor to assist in the
25administration of the Program.
 

 

 

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1    Section 15. Procedures.
2    (a) The Illinois State Police, in conjunction with the
3Department of Transportation and the Illinois State Toll
4Highway Authority, shall set up and operate work zone speed
5safety camera systems in highway construction and maintenance
6speed zones to detect violations of posted work zone speed
7limits.
8    (b) Before setting up a work zone speed safety camera
9system 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
20requirements; duties; restrictions. The Department of
21Transportation or the Illinois State Police may employ work
22zone speed safety camera system operators to operate work zone
23speed safety camera systems in construction or maintenance
24speed zones. The Department of Transportation may adopt any

 

 

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1rules necessary to establish requirements, duties, or
2restrictions concerning work zone speed safety camera system
3operators.
 
4    Section 25. Photographs and recorded images; permitted and
5nonpermitted uses.
6    (a) Except as otherwise provided in this Act, information
7and photographs or recorded images collected under the Program
8are not discoverable by court order as evidence in a
9proceeding except to assess a penalty under Section 30.
10    (b) Photographs or recorded images collected under the
11Program must be destroyed not later than 2 years after the date
12the photograph or recorded image is collected.
13    (c) Notwithstanding any other provision of law,
14information and photographs or recorded images collected under
15the Program are the exclusive property of the State and not the
16property of the manufacturer or vendor of the work zone speed
17safety camera system.
18    (d) Except as otherwise provided under the Illinois
19Vehicle Code or this Act, use of a photograph or recorded image
20obtained through the use of a work zone speed safety camera
21system for the purpose of enforcing a traffic offense is
22prohibited.
23    (e) A photograph or recorded image obtained through the
24use of a work zone speed safety camera system may not be used
25as evidence in any action other than an action to collect a

 

 

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1work zone speed limit fine for which the photograph or
2recorded image was obtained.
3    (f) A photograph or recorded image obtained through the
4use of a work zone speed safety camera system may be used
5internally to administer the Program. However, unless
6authorized by court order, a photograph or recorded image
7obtained through the use of a work zone speed safety camera
8system 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
21the Program are confidential and exempt from disclosure under
22the Freedom of Information Act.
 
23    Section 30. Civil law violation.
24    (a) A person who owns a motor vehicle that is identified by
25an automated traffic control system as operating in a

 

 

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1construction or maintenance speed zone at a speed in excess of
2the posted speed limit commits a civil law violation.
3    (b) A person found to have committed a violation in
4subsection (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
2violation of subsection (a), and found to have failed to pay
3all fines and costs within 30 days of the last judgment,
4commits a separate civil law violation. The State may proceed
5with collections in accordance with the law against a person
6who is guilty under this Act but has failed to pay all fines
7and costs.
 
8    Section 35. Vehicle rental or leasing company's
9identification of a renter or lessee.
10    (a) A civil law violation issued under this Act to a motor
11vehicle rental or leasing company shall be dismissed with
12respect 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
22motor vehicle rental or leasing company in accordance with
23subsection (a) may then be issued and delivered by mail or
24other means to the renter or lessee identified in the
25affidavit of non-liability.
 

 

 

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1    Section 40. Procurement. The Department of Transportation
2may procure such as is necessary to implement and administer
3this Act.
 
4    Section 45. Rulemaking. The Department of Transportation
5shall adopt rules to implement and administer this Act.
 
6    Section 900. The Freedom of Information Act is amended by
7changing Section 7.5 as follows:
 
8    (5 ILCS 140/7.5)
9    Sec. 7.5. Statutory exemptions. To the extent provided for
10by the statutes referenced below, the following shall be
11exempt 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;
22102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
238-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
24102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
256-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
26eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;

 

 

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1103-580, eff. 12-8-23; 103-592, eff. 6-7-24; 103-605, eff.
27-1-24; 103-636, eff. 7-1-24; 103-724, eff. 1-1-25; 103-786,
3eff. 8-7-24; 103-859, eff. 8-9-24; 103-991, eff. 8-9-24;
4103-1049, eff. 8-9-24; revised 11-26-24.)
 
5    Section 905. The Illinois Vehicle Code is amended by
6changing Sections 3-400, 11-605.1, 11-612, and 12-502 as
7follows:
 
8    (625 ILCS 5/3-400)  (from Ch. 95 1/2, par. 3-400)
9    Sec. 3-400. Definitions. Notwithstanding the definitions
10set forth in Chapter 1 of this Act, for the purposes of this
11Article, the following words shall have the meaning ascribed
12to them as follows:
13    "Apportionable Fee" means any periodic recurring fee
14required for licensing or registering vehicles, such as, but
15not limited to, registration fees, license or weight fees.
16    "Apportionable Vehicle" means any vehicle, except
17recreational vehicles, vehicles displaying restricted plates,
18city pickup and delivery vehicles, buses used in
19transportation of chartered parties, and government owned
20vehicles that are used or intended for use in 2 or more member
21jurisdictions that allocate or proportionally register
22vehicles, in a fleet which is used for the transportation of
23persons for hire or the transportation of property and which
24has a gross vehicle weight in excess of 26,000 pounds; or has

 

 

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1three or more axles regardless of weight; or is used in
2combination when the weight of such combination exceeds 26,000
3pounds gross vehicle weight. Vehicles, or combinations having
4a gross vehicle weight of 26,000 pounds or less and two-axle
5vehicles may be proportionally registered at the option of
6such owner.
7    "Base Jurisdiction" means, for purposes of fleet
8registration, the jurisdiction where the registrant has an
9established place of business, where operational records of
10the fleet are maintained and where mileage is accrued by the
11fleet. In case a registrant operates more than one fleet, and
12maintains records for each fleet in different places, the
13"base jurisdiction" for a fleet shall be the jurisdiction
14where an established place of business is maintained, where
15records of the operation of that fleet are maintained and
16where mileage is accrued by that fleet.
17    "Operational Records" means documents supporting miles
18traveled in each jurisdiction and total miles traveled, such
19as fuel reports, trip leases, and logs.
20    "Owner" means a person who holds legal title of a motor
21vehicle, or in the event a motor vehicle is the subject of an
22agreement for the conditional sale or lease thereof with the
23right of purchase upon performance of the conditions stated in
24the agreement and with an immediate right of possession vested
25in the conditional vendee or lessee with right of purchase, or
26in the event a mortgagor of such motor vehicle is entitled to

 

 

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1possession, or in the event a lessee of such motor vehicle is
2entitled to possession or control, then such conditional
3vendee or lessee with right of purchase or mortgagor or lessee
4is considered to be the owner for the purpose of this Act.
5    "Registration plate or digital registration plate cover"
6means any tinted, colored, painted, marked, clear, or
7illuminated object that is designed to (i) cover any of the
8characters of a motor vehicle's registration plate or digital
9registration plate; or (ii) distort a recorded image of any of
10the characters of a motor vehicle's registration plate or
11digital registration plate recorded by an automated
12enforcement system as defined in Section 11-208.6, 11-208.8,
13or 11-1201.1 of this Code or recorded by an automated traffic
14control system as defined in Section 5 of the Highway Work Zone
15Safety Act. 15 of the Automated Traffic Control Systems in
16Highway Construction or Maintenance Zones Act.
17    "Rental Owner" means an owner principally engaged, with
18respect to one or more rental fleets, in renting to others or
19offering for rental the vehicles of such fleets, without
20drivers.
21    "Restricted Plates" shall include, but is not limited to,
22dealer, manufacturer, transporter, farm, repossessor, and
23permanently mounted type plates. Vehicles displaying any of
24these type plates from a foreign jurisdiction that is a member
25of the International Registration Plan shall be granted
26reciprocity but shall be subject to the same limitations as

 

 

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1similar plated Illinois registered vehicles.
2(Source: P.A. 101-395, eff. 8-16-19.)
 
3    (625 ILCS 5/11-605.1)
4    Sec. 11-605.1. Special limit while traveling through a
5highway construction or maintenance speed zone.
6    (a) A person may not operate a motor vehicle in a
7construction or maintenance speed zone at a speed in excess of
8the posted speed limit when workers are present.
9    (a-5) A person may not operate a motor vehicle in a
10construction or maintenance speed zone at a speed in excess of
11the posted speed limit when workers are not present.
12    (b) Nothing in this Chapter prohibits the use of
13electronic speed-detecting devices within 500 feet of signs
14within a construction or maintenance speed zone indicating the
15zone, as defined in this Section, nor shall evidence obtained
16by use of those devices be inadmissible in any prosecution for
17speeding, provided the use of the device shall apply only to
18the enforcement of the speed limit in the construction or
19maintenance speed zone.
20    (c) As used in this Section, a "construction or
21maintenance speed zone" is an area in which the Department,
22Toll Highway Authority, or local agency has posted signage
23advising drivers that a construction or maintenance speed zone
24is being approached, or in which the Department, Authority, or
25local agency has posted a lower speed limit with a highway

 

 

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1construction or maintenance speed zone special speed limit
2sign after determining that the preexisting established speed
3limit through a highway construction or maintenance project is
4greater than is reasonable or safe with respect to the
5conditions expected to exist in the construction or
6maintenance speed zone.
7    If it is determined that the preexisting established speed
8limit is safe with respect to the conditions expected to exist
9in the construction or maintenance speed zone, additional
10speed limit signs which conform to the requirements of this
11subsection (c) shall be posted.
12    Highway construction or maintenance speed zone special
13speed limit signs shall be of a design approved by the
14Department. The signs must give proper due warning that a
15construction or maintenance speed zone is being approached and
16must indicate the maximum speed limit in effect. The signs
17also must state that higher fines apply the amount of the
18minimum fine for a violation.
19    (d) Except as provided under subsection (d-5), a person
20who violates this Section is guilty of a petty offense.
21Violations of this Section are punishable with a minimum fine
22of $250 for the first violation and a minimum fine of $750 for
23the second or subsequent violation.
24    (d-5) A person committing a violation of this Section is
25guilty of aggravated special speed limit while traveling
26through a highway construction or maintenance speed zone when

 

 

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1he or she drives a motor vehicle at a speed that is:
2        (1) 26 miles per hour or more but less than 35 miles
3    per hour in excess of the applicable special speed limit
4    established under this Section or a similar provision of a
5    local ordinance and is guilty of a Class B misdemeanor; or
6        (2) 35 miles per hour or more in excess of the
7    applicable special speed limit established under this
8    Section or a similar provision of a local ordinance and is
9    guilty of a Class A misdemeanor.
10    (e) (Blank).
11    (e-5) The Illinois State Police and the local county
12police department have concurrent jurisdiction over any
13violation of this Section that occurs on an interstate
14highway.
15    (f) The Transportation Safety Highway Hire-back Fund,
16which was created by Public Act 92-619, shall continue to be a
17special fund in the State treasury. Subject to appropriation
18by the General Assembly and approval by the Secretary, the
19Secretary of Transportation shall use all moneys in the
20Transportation Safety Highway Hire-back Fund to hire off-duty
21Illinois State Police officers to monitor construction or
22maintenance zones.
23    (f-5) Each county shall create a Transportation Safety
24Highway Hire-back Fund. The county shall use the moneys in its
25Transportation Safety Highway Hire-back Fund to hire off-duty
26county police officers to monitor construction or maintenance

 

 

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1zones in that county on highways other than interstate
2highways. The county, in its discretion, may also use a
3portion of the moneys in its Transportation Safety Highway
4Hire-back Fund to purchase equipment for county law
5enforcement and fund the production of materials to educate
6drivers on construction zone safe driving habits.
7    (g) For a second or subsequent violation of this Section
8within 2 years of the date of the previous violation, the
9Secretary of State shall suspend the driver's license of the
10violator for a period of 90 days. This suspension shall only be
11imposed if the current violation of this Section and at least
12one prior violation of this Section occurred during a period
13when workers were present in the construction or maintenance
14zone.
15(Source: P.A. 102-538, eff. 8-20-21.)
 
16    (625 ILCS 5/11-612)
17    Sec. 11-612. Certain systems to record vehicle speeds
18prohibited. Except as authorized in the Highway Work Zone
19Safety Act Automated Traffic Control Systems in Highway
20Construction or Maintenance Zones Act and Section 11-208.8 of
21this Code, no photographic, video, or other imaging system may
22be used in this State to record vehicle speeds for the purpose
23of enforcing any law or ordinance regarding a maximum or
24minimum speed limit unless a law enforcement officer is
25present at the scene and witnesses the event. No State or local

 

 

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1governmental entity, including a home rule county or
2municipality, may use such a system in a way that is prohibited
3by this Section. The regulation of the use of such systems is
4an exclusive power and function of the State. This Section is a
5denial and limitation of home rule powers and functions under
6subsection (h) of Section 6 of Article VII of the Illinois
7Constitution.
8(Source: P.A. 97-672, eff. 7-1-12.)
 
9    (625 ILCS 5/12-502)  (from Ch. 95 1/2, par. 12-502)
10    Sec. 12-502. Mirrors.
11    (a) Every motor vehicle, operated singly or when towing
12another vehicle, shall be equipped with a mirror so located as
13to reflect to the driver a view of the highway for a distance
14of at least 200 feet to the rear of such motor vehicle.
15    (b) A public transit agency may use an electronic
16rear-view monitoring system on commercial motor vehicles owned
17by the agency as an alternative to the requirements of this
18Section and the mirror requirements of 49 CFR 393.80 so long as
19an exemption to 49 CFR 393.80 granted by the Federal Motor
20Carrier Safety Administration remains in effect.
21(Source: P.A. 82-122.)
 
22    (625 ILCS 7/Act rep.)
23    Section 910. The Automated Traffic Control Systems in
24Highway Construction or Maintenance Zones Act is repealed.
 

 

 

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1    Section 999. Effective date. This Act takes effect upon
2becoming law, except that Section 910 takes effect January 1,
32027.