| |||||||
| |||||||
1 | AN ACT concerning transportation. | ||||||
2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly: | ||||||
4 | Section 1. Short title. This Act may be cited as the | ||||||
5 | Highway Work Zone Safety Act. | ||||||
6 | Section 5. Definitions. As used in this Act: | ||||||
7 | "Automatic traffic control system" means a photographic | ||||||
8 | device, radar device, laser device, or other electrical or | ||||||
9 | mechanical device or devices designed to record the speed of a | ||||||
10 | vehicle and obtain a clear photograph or other recorded image | ||||||
11 | of the vehicle, the vehicle operator, and the vehicle's | ||||||
12 | registration plate or digital registration plate while the | ||||||
13 | driver is violating Section 11-605.1 of the Illinois Vehicle | ||||||
14 | Code. The photograph or other recorded image must also display | ||||||
15 | the time, date, and location of the violation. A law | ||||||
16 | enforcement officer is not required to be present or to | ||||||
17 | witness the violation. | ||||||
18 | "Construction or maintenance speed zone" has the same | ||||||
19 | meaning given to that term under Section 11-605.1 of the | ||||||
20 | Illinois Vehicle Code. | ||||||
21 | "Motor vehicle rental company" has the meaning given to | ||||||
22 | that term under Section 6-305.3 of the Illinois Vehicle Code. | ||||||
23 | "Owner" means a person in whose name a motor vehicle is |
| |||||||
| |||||||
1 | registered under the laws of this State, another state, or a | ||||||
2 | foreign country or under the International Registration Plan. | ||||||
3 | "Program" means the Highway Work Zone Speed Control | ||||||
4 | Program created under this Act. | ||||||
5 | "Work zone speed limit" means a temporary speed limit | ||||||
6 | established for a work zone by (i) the Illinois Department of | ||||||
7 | Transportation and the Illinois State Toll Highway Authority, | ||||||
8 | or (ii) a unit of local government that has jurisdiction over | ||||||
9 | the work zone. | ||||||
10 | Section 10. Highway Work Zone Speed Control Program. | ||||||
11 | (a) The Illinois Department of Transportation, in | ||||||
12 | coordination with the Illinois State Police, shall establish | ||||||
13 | the Highway Work Zone Speed Control Program for the purposes | ||||||
14 | of enforcing the speed limits established for construction or | ||||||
15 | maintenance speed zones. | ||||||
16 | (b) The Illinois Department of Transportation shall | ||||||
17 | administer the Program in coordination with the Illinois State | ||||||
18 | Police and the Illinois State Toll Highway Authority. | ||||||
19 | (c) The Illinois State Police and the Illinois Department | ||||||
20 | of Transportation shall enter into an agreement to share | ||||||
21 | information regarding the Program. | ||||||
22 | (d) The Illinois Department of Transportation may enter | ||||||
23 | into an agreement with a third-party vendor to assist in the | ||||||
24 | administration of the Program. |
| |||||||
| |||||||
1 | Section 15. Procedures. | ||||||
2 | (a) The Illinois State Police, in conjunction with the | ||||||
3 | Illinois Department of Transportation and the Illinois State | ||||||
4 | Toll Highway Authority, shall set up and operate automated | ||||||
5 | traffic control systems in highway construction and | ||||||
6 | maintenance speed zones to detect violations of posted work | ||||||
7 | zone speed limits. | ||||||
8 | (b) Before setting up an automated traffic control system | ||||||
9 | for the purposes of the Program: | ||||||
10 | (1) the Illinois State Police and the Illinois | ||||||
11 | Department of Transportation may conduct a public | ||||||
12 | information campaign to inform drivers about the use of | ||||||
13 | automated traffic control systems to detect speeds in | ||||||
14 | excess of a work zone speed limit; and | ||||||
15 | (2) signs indicating that work zone speeds are | ||||||
16 | enforced by automated traffic control systems shall be | ||||||
17 | clearly posted in the areas where the systems are or will | ||||||
18 | be in use. | ||||||
19 | Section 20. Automated traffic control system operator | ||||||
20 | requirements; duties; restrictions. The Illinois Department of | ||||||
21 | Transportation or the Illinois State Police may employ | ||||||
22 | automated traffic control system operators to operate | ||||||
23 | automated traffic control systems in construction or | ||||||
24 | maintenance speed zones. The Illinois Department of | ||||||
25 | Transportation may adopt any rules necessary to establish |
| |||||||
| |||||||
1 | requirements, duties, or restrictions concerning automated | ||||||
2 | traffic control system operators. | ||||||
3 | Section 25. Photograph and recorded images; permitted and | ||||||
4 | nonpermitted uses. | ||||||
5 | (a) Except as otherwise provided in this Act, information | ||||||
6 | and photographs or recorded images collected under the Program | ||||||
7 | are not discoverable by court order as evidence in a | ||||||
8 | proceeding except to assess a penalty under Section 30 of this | ||||||
9 | Act. | ||||||
10 | (b) Information and a photograph or recorded image | ||||||
11 | collected under the Program must be destroyed not later than 2 | ||||||
12 | years after the date the information and photograph or | ||||||
13 | recorded image is collected. | ||||||
14 | (c) Notwithstanding any other provision of law, | ||||||
15 | information and photographs or recorded images collected under | ||||||
16 | the Program are the exclusive property of the State and not the | ||||||
17 | property of the manufacturer or vendor of the automated | ||||||
18 | traffic control system. | ||||||
19 | (d) Except as otherwise provided under the Illinois | ||||||
20 | Vehicle Code or this Act, use of a photograph or recorded image | ||||||
21 | obtained through the use of an automated traffic control | ||||||
22 | system for the purpose of enforcing a traffic offense is | ||||||
23 | prohibited. | ||||||
24 | (e) A photograph or recorded image obtained through the | ||||||
25 | use of an automated traffic control system may not be used as |
| |||||||
| |||||||
1 | evidence in any action other than an action to collect a work | ||||||
2 | zone speed limit fine for which the photograph or recorded | ||||||
3 | image was obtained. | ||||||
4 | (f) A photograph or recorded image obtained through the | ||||||
5 | use of an automated traffic control system may be used | ||||||
6 | internally to administer the Program. However, unless | ||||||
7 | authorized by court order, a photograph or recorded image | ||||||
8 | obtained through the use of an automated traffic control | ||||||
9 | system may not be disclosed to anyone other than: | ||||||
10 | (1) the owner of the motor vehicle at the time the | ||||||
11 | recorded speed of the motor vehicle exceeded a work zone | ||||||
12 | speed limit; | ||||||
13 | (2) an individual alleged to have been operating the | ||||||
14 | motor vehicle at the time the work zone speed limit was | ||||||
15 | exceeded; | ||||||
16 | (3) an attorney representing an individual; | ||||||
17 | (4) a law enforcement officer; | ||||||
18 | (5) the Illinois State Police, the Illinois State Toll | ||||||
19 | Highway Authority, or the Illinois Department of | ||||||
20 | Transportation; or | ||||||
21 | (6) a court. | ||||||
22 | (g) The information and recorded images collected under | ||||||
23 | the Program are confidential and exempt from disclosure under | ||||||
24 | the Freedom of Information Act. | ||||||
25 | Section 30. Civil law violation. |
| |||||||
| |||||||
1 | (a) A person who owns a motor vehicle that is identified by | ||||||
2 | an automated traffic control system as operating in a | ||||||
3 | construction or maintenance speed zone at a speed in excess of | ||||||
4 | the posted speed limit commits a civil law violation. | ||||||
5 | (b) A person found to have committed a violation in | ||||||
6 | subsection (a) or subsection (c): | ||||||
7 | (1) is guilty of a civil law violation punishable by a | ||||||
8 | minimum fine of $100 and a maximum fine of $200. The | ||||||
9 | proceeds of the fine shall be payable to the clerk of the | ||||||
10 | circuit court. Within one month after the deposit of the | ||||||
11 | fine, the clerk shall distribute the proceeds of the fine | ||||||
12 | as follows: | ||||||
13 | (A) $10 of the fine to the circuit clerk; | ||||||
14 | (B) $10 of the fine to the State's Attorney; | ||||||
15 | (C) $50 of the fine to the Transportation Safety | ||||||
16 | Highway Hire-back Fund in the State treasury; | ||||||
17 | (D) any remainder of the fine to the State Police | ||||||
18 | Vehicle Fund in the State treasury. | ||||||
19 | (2) With respect to funds designated for the Illinois | ||||||
20 | State Police, the moneys shall be remitted by the circuit | ||||||
21 | court clerk to the Illinois State Police within one month | ||||||
22 | after receipt for deposit into the State Police Vehicle | ||||||
23 | Fund. | ||||||
24 | (3) With respect to moneys designated for the Illinois | ||||||
25 | Department of Transportation, the moneys shall be remitted | ||||||
26 | by the circuit court clerk to the Illinois Department of |
| |||||||
| |||||||
1 | Transportation within one month after receipt for deposit | ||||||
2 | into the Transportation Safety Highway Hire-back Fund. | ||||||
3 | (c) A person found to have committed a third or subsequent | ||||||
4 | violation of subsection (a), and found to have failed to pay | ||||||
5 | all fines and costs within 30 days of the last judgment, | ||||||
6 | commits a separate civil law violation. The State may proceed | ||||||
7 | with collections in accordance with the law against a person | ||||||
8 | who is guilty under this Act but has failed to pay all fines | ||||||
9 | and costs. | ||||||
10 | Section 35. Vehicle rental or leasing company's | ||||||
11 | identification of a renter or lessee. | ||||||
12 | (a) A civil law violation issued under this Act to a motor | ||||||
13 | vehicle rental or leasing company shall be dismissed with | ||||||
14 | respect to the rental or leasing company if: | ||||||
15 | (1) the company responds to the civil law violation by | ||||||
16 | submitting, within 30 days of the mailing of the citation, | ||||||
17 | an affidavit of non-liability stating that, at the time of | ||||||
18 | the alleged speeding or other traffic violation, the | ||||||
19 | vehicle was in the custody and control of a renter or | ||||||
20 | lessee under the terms of a rental agreement or lease; and | ||||||
21 | (2) the company provides the driver's license number, | ||||||
22 | name, and address of the renter or lessee. | ||||||
23 | (b) A civil law violation dismissed with respect to a | ||||||
24 | motor vehicle rental or leasing company in accordance with | ||||||
25 | subsection (a) may then be issued and delivered by mail or |
| |||||||
| |||||||
1 | other means to the renter or lessee identified in the | ||||||
2 | affidavit of non-liability. | ||||||
3 | Section 40. Procurement. The Illinois Department of | ||||||
4 | Transportation may procure such as is necessary to implement | ||||||
5 | and administer this Act. | ||||||
6 | Section 45. Rulemaking. The Illinois Department of | ||||||
7 | Transportation shall adopt rules to implement and administer | ||||||
8 | this Act. | ||||||
9 | Section 900. The Freedom of Information Act is amended by | ||||||
10 | changing Section 7.5 as follows: | ||||||
11 | (5 ILCS 140/7.5) | ||||||
12 | (Text of Section before amendment by P.A. 103-472 ) | ||||||
13 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
14 | by the statutes referenced below, the following shall be | ||||||
15 | exempt from inspection and copying: | ||||||
16 | (a) All information determined to be confidential | ||||||
17 | under Section 4002 of the Technology Advancement and | ||||||
18 | Development Act. | ||||||
19 | (b) Library circulation and order records identifying | ||||||
20 | library users with specific materials under the Library | ||||||
21 | Records Confidentiality Act. | ||||||
22 | (c) Applications, related documents, and medical |
| |||||||
| |||||||
1 | records received by the Experimental Organ Transplantation | ||||||
2 | Procedures Board and any and all documents or other | ||||||
3 | records prepared by the Experimental Organ Transplantation | ||||||
4 | Procedures Board or its staff relating to applications it | ||||||
5 | has received. | ||||||
6 | (d) Information and records held by the Department of | ||||||
7 | Public Health and its authorized representatives relating | ||||||
8 | to known or suspected cases of sexually transmissible | ||||||
9 | disease or any information the disclosure of which is | ||||||
10 | restricted under the Illinois Sexually Transmissible | ||||||
11 | Disease Control Act. | ||||||
12 | (e) Information the disclosure of which is exempted | ||||||
13 | under Section 30 of the Radon Industry Licensing Act. | ||||||
14 | (f) Firm performance evaluations under Section 55 of | ||||||
15 | the Architectural, Engineering, and Land Surveying | ||||||
16 | Qualifications Based Selection Act. | ||||||
17 | (g) Information the disclosure of which is restricted | ||||||
18 | and exempted under Section 50 of the Illinois Prepaid | ||||||
19 | Tuition Act. | ||||||
20 | (h) Information the disclosure of which is exempted | ||||||
21 | under the State Officials and Employees Ethics Act, and | ||||||
22 | records of any lawfully created State or local inspector | ||||||
23 | general's office that would be exempt if created or | ||||||
24 | obtained by an Executive Inspector General's office under | ||||||
25 | that Act. | ||||||
26 | (i) Information contained in a local emergency energy |
| |||||||
| |||||||
1 | plan submitted to a municipality in accordance with a | ||||||
2 | local emergency energy plan ordinance that is adopted | ||||||
3 | under Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
4 | (j) Information and data concerning the distribution | ||||||
5 | of surcharge moneys collected and remitted by carriers | ||||||
6 | under the Emergency Telephone System Act. | ||||||
7 | (k) Law enforcement officer identification information | ||||||
8 | or driver identification information compiled by a law | ||||||
9 | enforcement agency or the Department of Transportation | ||||||
10 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
11 | (l) Records and information provided to a residential | ||||||
12 | health care facility resident sexual assault and death | ||||||
13 | review team or the Executive Council under the Abuse | ||||||
14 | Prevention Review Team Act. | ||||||
15 | (m) Information provided to the predatory lending | ||||||
16 | database created pursuant to Article 3 of the Residential | ||||||
17 | Real Property Disclosure Act, except to the extent | ||||||
18 | authorized under that Article. | ||||||
19 | (n) Defense budgets and petitions for certification of | ||||||
20 | compensation and expenses for court appointed trial | ||||||
21 | counsel as provided under Sections 10 and 15 of the | ||||||
22 | Capital Crimes Litigation Act (repealed) . This subsection | ||||||
23 | (n) shall apply until the conclusion of the trial of the | ||||||
24 | case, even if the prosecution chooses not to pursue the | ||||||
25 | death penalty prior to trial or sentencing. | ||||||
26 | (o) Information that is prohibited from being |
| |||||||
| |||||||
1 | disclosed under Section 4 of the Illinois Health and | ||||||
2 | Hazardous Substances Registry Act. | ||||||
3 | (p) Security portions of system safety program plans, | ||||||
4 | investigation reports, surveys, schedules, lists, data, or | ||||||
5 | information compiled, collected, or prepared by or for the | ||||||
6 | Department of Transportation under Sections 2705-300 and | ||||||
7 | 2705-616 of the Department of Transportation Law of the | ||||||
8 | Civil Administrative Code of Illinois, the Regional | ||||||
9 | Transportation Authority under Section 2.11 of the | ||||||
10 | Regional Transportation Authority Act, or the St. Clair | ||||||
11 | County Transit District under the Bi-State Transit Safety | ||||||
12 | Act (repealed) . | ||||||
13 | (q) Information prohibited from being disclosed by the | ||||||
14 | Personnel Record Review Act. | ||||||
15 | (r) Information prohibited from being disclosed by the | ||||||
16 | Illinois School Student Records Act. | ||||||
17 | (s) Information the disclosure of which is restricted | ||||||
18 | under Section 5-108 of the Public Utilities Act. | ||||||
19 | (t) (Blank). | ||||||
20 | (u) Records and information provided to an independent | ||||||
21 | team of experts under the Developmental Disability and | ||||||
22 | Mental Health Safety Act (also known as Brian's Law). | ||||||
23 | (v) Names and information of people who have applied | ||||||
24 | for or received Firearm Owner's Identification Cards under | ||||||
25 | the Firearm Owners Identification Card Act or applied for | ||||||
26 | or received a concealed carry license under the Firearm |
| |||||||
| |||||||
1 | Concealed Carry Act, unless otherwise authorized by the | ||||||
2 | Firearm Concealed Carry Act; and databases under the | ||||||
3 | Firearm Concealed Carry Act, records of the Concealed | ||||||
4 | Carry Licensing Review Board under the Firearm Concealed | ||||||
5 | Carry Act, and law enforcement agency objections under the | ||||||
6 | Firearm Concealed Carry Act. | ||||||
7 | (v-5) Records of the Firearm Owner's Identification | ||||||
8 | Card Review Board that are exempted from disclosure under | ||||||
9 | Section 10 of the Firearm Owners Identification Card Act. | ||||||
10 | (w) Personally identifiable information which is | ||||||
11 | exempted from disclosure under subsection (g) of Section | ||||||
12 | 19.1 of the Toll Highway Act. | ||||||
13 | (x) Information which is exempted from disclosure | ||||||
14 | under Section 5-1014.3 of the Counties Code or Section | ||||||
15 | 8-11-21 of the Illinois Municipal Code. | ||||||
16 | (y) Confidential information under the Adult | ||||||
17 | Protective Services Act and its predecessor enabling | ||||||
18 | statute, the Elder Abuse and Neglect Act, including | ||||||
19 | information about the identity and administrative finding | ||||||
20 | against any caregiver of a verified and substantiated | ||||||
21 | decision of abuse, neglect, or financial exploitation of | ||||||
22 | an eligible adult maintained in the Registry established | ||||||
23 | under Section 7.5 of the Adult Protective Services Act. | ||||||
24 | (z) Records and information provided to a fatality | ||||||
25 | review team or the Illinois Fatality Review Team Advisory | ||||||
26 | Council under Section 15 of the Adult Protective Services |
| |||||||
| |||||||
1 | Act. | ||||||
2 | (aa) Information which is exempted from disclosure | ||||||
3 | under Section 2.37 of the Wildlife Code. | ||||||
4 | (bb) Information which is or was prohibited from | ||||||
5 | disclosure by the Juvenile Court Act of 1987. | ||||||
6 | (cc) Recordings made under the Law Enforcement | ||||||
7 | Officer-Worn Body Camera Act, except to the extent | ||||||
8 | authorized under that Act. | ||||||
9 | (dd) Information that is prohibited from being | ||||||
10 | disclosed under Section 45 of the Condominium and Common | ||||||
11 | Interest Community Ombudsperson Act. | ||||||
12 | (ee) Information that is exempted from disclosure | ||||||
13 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
14 | (ff) Information that is exempted from disclosure | ||||||
15 | under the Revised Uniform Unclaimed Property Act. | ||||||
16 | (gg) Information that is prohibited from being | ||||||
17 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
18 | Code. | ||||||
19 | (hh) Records that are exempt from disclosure under | ||||||
20 | Section 1A-16.7 of the Election Code. | ||||||
21 | (ii) Information which is exempted from disclosure | ||||||
22 | under Section 2505-800 of the Department of Revenue Law of | ||||||
23 | the Civil Administrative Code of Illinois. | ||||||
24 | (jj) Information and reports that are required to be | ||||||
25 | submitted to the Department of Labor by registering day | ||||||
26 | and temporary labor service agencies but are exempt from |
| |||||||
| |||||||
1 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
2 | and Temporary Labor Services Act. | ||||||
3 | (kk) Information prohibited from disclosure under the | ||||||
4 | Seizure and Forfeiture Reporting Act. | ||||||
5 | (ll) Information the disclosure of which is restricted | ||||||
6 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
7 | Aid Code. | ||||||
8 | (mm) Records that are exempt from disclosure under | ||||||
9 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
10 | (nn) Information that is exempt from disclosure under | ||||||
11 | Section 70 of the Higher Education Student Assistance Act. | ||||||
12 | (oo) Communications, notes, records, and reports | ||||||
13 | arising out of a peer support counseling session | ||||||
14 | prohibited from disclosure under the First Responders | ||||||
15 | Suicide Prevention Act. | ||||||
16 | (pp) Names and all identifying information relating to | ||||||
17 | an employee of an emergency services provider or law | ||||||
18 | enforcement agency under the First Responders Suicide | ||||||
19 | Prevention Act. | ||||||
20 | (qq) Information and records held by the Department of | ||||||
21 | Public Health and its authorized representatives collected | ||||||
22 | under the Reproductive Health Act. | ||||||
23 | (rr) Information that is exempt from disclosure under | ||||||
24 | the Cannabis Regulation and Tax Act. | ||||||
25 | (ss) Data reported by an employer to the Department of | ||||||
26 | Human Rights pursuant to Section 2-108 of the Illinois |
| |||||||
| |||||||
1 | Human Rights Act. | ||||||
2 | (tt) Recordings made under the Children's Advocacy | ||||||
3 | Center Act, except to the extent authorized under that | ||||||
4 | Act. | ||||||
5 | (uu) Information that is exempt from disclosure under | ||||||
6 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
7 | (vv) Information that is exempt from disclosure under | ||||||
8 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
9 | Public Aid Code. | ||||||
10 | (ww) Information that is exempt from disclosure under | ||||||
11 | Section 16.8 of the State Treasurer Act. | ||||||
12 | (xx) Information that is exempt from disclosure or | ||||||
13 | information that shall not be made public under the | ||||||
14 | Illinois Insurance Code. | ||||||
15 | (yy) Information prohibited from being disclosed under | ||||||
16 | the Illinois Educational Labor Relations Act. | ||||||
17 | (zz) Information prohibited from being disclosed under | ||||||
18 | the Illinois Public Labor Relations Act. | ||||||
19 | (aaa) Information prohibited from being disclosed | ||||||
20 | under Section 1-167 of the Illinois Pension Code. | ||||||
21 | (bbb) Information that is prohibited from disclosure | ||||||
22 | by the Illinois Police Training Act and the Illinois State | ||||||
23 | Police Act. | ||||||
24 | (ccc) Records exempt from disclosure under Section | ||||||
25 | 2605-304 of the Illinois State Police Law of the Civil | ||||||
26 | Administrative Code of Illinois. |
| |||||||
| |||||||
1 | (ddd) Information prohibited from being disclosed | ||||||
2 | under Section 35 of the Address Confidentiality for | ||||||
3 | Victims of Domestic Violence, Sexual Assault, Human | ||||||
4 | Trafficking, or Stalking Act. | ||||||
5 | (eee) Information prohibited from being disclosed | ||||||
6 | under subsection (b) of Section 75 of the Domestic | ||||||
7 | Violence Fatality Review Act. | ||||||
8 | (fff) Images from cameras under the Expressway Camera | ||||||
9 | Act. This subsection (fff) is inoperative on and after | ||||||
10 | July 1, 2025. | ||||||
11 | (ggg) Information prohibited from disclosure under | ||||||
12 | paragraph (3) of subsection (a) of Section 14 of the Nurse | ||||||
13 | Agency Licensing Act. | ||||||
14 | (hhh) Information submitted to the Illinois State | ||||||
15 | Police in an affidavit or application for an assault | ||||||
16 | weapon endorsement, assault weapon attachment endorsement, | ||||||
17 | .50 caliber rifle endorsement, or .50 caliber cartridge | ||||||
18 | endorsement under the Firearm Owners Identification Card | ||||||
19 | Act. | ||||||
20 | (iii) Data exempt from disclosure under Section 50 of | ||||||
21 | the School Safety Drill Act. | ||||||
22 | (jjj) (hhh) Information exempt from disclosure under | ||||||
23 | Section 30 of the Insurance Data Security Law. | ||||||
24 | (kkk) (iii) Confidential business information | ||||||
25 | prohibited from disclosure under Section 45 of the Paint | ||||||
26 | Stewardship Act. |
| |||||||
| |||||||
1 | (lll) (Reserved). | ||||||
2 | (mmm) (iii) Information prohibited from being | ||||||
3 | disclosed under subsection (e) of Section 1-129 of the | ||||||
4 | Illinois Power Agency Act. | ||||||
5 | (nnn) Information prohibited from being disclosed | ||||||
6 | under subsection (g) of Section 25 of the Highway Work | ||||||
7 | Zone Safety Act. | ||||||
8 | (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; | ||||||
9 | 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. | ||||||
10 | 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; | ||||||
11 | 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. | ||||||
12 | 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, | ||||||
13 | eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; | ||||||
14 | revised 1-2-24.) | ||||||
15 | (Text of Section after amendment by P.A. 103-472 ) | ||||||
16 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
17 | by the statutes referenced below, the following shall be | ||||||
18 | exempt from inspection and copying: | ||||||
19 | (a) All information determined to be confidential | ||||||
20 | under Section 4002 of the Technology Advancement and | ||||||
21 | Development Act. | ||||||
22 | (b) Library circulation and order records identifying | ||||||
23 | library users with specific materials under the Library | ||||||
24 | Records Confidentiality Act. | ||||||
25 | (c) Applications, related documents, and medical |
| |||||||
| |||||||
1 | records received by the Experimental Organ Transplantation | ||||||
2 | Procedures Board and any and all documents or other | ||||||
3 | records prepared by the Experimental Organ Transplantation | ||||||
4 | Procedures Board or its staff relating to applications it | ||||||
5 | has received. | ||||||
6 | (d) Information and records held by the Department of | ||||||
7 | Public Health and its authorized representatives relating | ||||||
8 | to known or suspected cases of sexually transmissible | ||||||
9 | disease or any information the disclosure of which is | ||||||
10 | restricted under the Illinois Sexually Transmissible | ||||||
11 | Disease Control Act. | ||||||
12 | (e) Information the disclosure of which is exempted | ||||||
13 | under Section 30 of the Radon Industry Licensing Act. | ||||||
14 | (f) Firm performance evaluations under Section 55 of | ||||||
15 | the Architectural, Engineering, and Land Surveying | ||||||
16 | Qualifications Based Selection Act. | ||||||
17 | (g) Information the disclosure of which is restricted | ||||||
18 | and exempted under Section 50 of the Illinois Prepaid | ||||||
19 | Tuition Act. | ||||||
20 | (h) Information the disclosure of which is exempted | ||||||
21 | under the State Officials and Employees Ethics Act, and | ||||||
22 | records of any lawfully created State or local inspector | ||||||
23 | general's office that would be exempt if created or | ||||||
24 | obtained by an Executive Inspector General's office under | ||||||
25 | that Act. | ||||||
26 | (i) Information contained in a local emergency energy |
| |||||||
| |||||||
1 | plan submitted to a municipality in accordance with a | ||||||
2 | local emergency energy plan ordinance that is adopted | ||||||
3 | under Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
4 | (j) Information and data concerning the distribution | ||||||
5 | of surcharge moneys collected and remitted by carriers | ||||||
6 | under the Emergency Telephone System Act. | ||||||
7 | (k) Law enforcement officer identification information | ||||||
8 | or driver identification information compiled by a law | ||||||
9 | enforcement agency or the Department of Transportation | ||||||
10 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
11 | (l) Records and information provided to a residential | ||||||
12 | health care facility resident sexual assault and death | ||||||
13 | review team or the Executive Council under the Abuse | ||||||
14 | Prevention Review Team Act. | ||||||
15 | (m) Information provided to the predatory lending | ||||||
16 | database created pursuant to Article 3 of the Residential | ||||||
17 | Real Property Disclosure Act, except to the extent | ||||||
18 | authorized under that Article. | ||||||
19 | (n) Defense budgets and petitions for certification of | ||||||
20 | compensation and expenses for court appointed trial | ||||||
21 | counsel as provided under Sections 10 and 15 of the | ||||||
22 | Capital Crimes Litigation Act (repealed) . This subsection | ||||||
23 | (n) shall apply until the conclusion of the trial of the | ||||||
24 | case, even if the prosecution chooses not to pursue the | ||||||
25 | death penalty prior to trial or sentencing. | ||||||
26 | (o) Information that is prohibited from being |
| |||||||
| |||||||
1 | disclosed under Section 4 of the Illinois Health and | ||||||
2 | Hazardous Substances Registry Act. | ||||||
3 | (p) Security portions of system safety program plans, | ||||||
4 | investigation reports, surveys, schedules, lists, data, or | ||||||
5 | information compiled, collected, or prepared by or for the | ||||||
6 | Department of Transportation under Sections 2705-300 and | ||||||
7 | 2705-616 of the Department of Transportation Law of the | ||||||
8 | Civil Administrative Code of Illinois, the Regional | ||||||
9 | Transportation Authority under Section 2.11 of the | ||||||
10 | Regional Transportation Authority Act, or the St. Clair | ||||||
11 | County Transit District under the Bi-State Transit Safety | ||||||
12 | Act (repealed) . | ||||||
13 | (q) Information prohibited from being disclosed by the | ||||||
14 | Personnel Record Review Act. | ||||||
15 | (r) Information prohibited from being disclosed by the | ||||||
16 | Illinois School Student Records Act. | ||||||
17 | (s) Information the disclosure of which is restricted | ||||||
18 | under Section 5-108 of the Public Utilities Act. | ||||||
19 | (t) (Blank). | ||||||
20 | (u) Records and information provided to an independent | ||||||
21 | team of experts under the Developmental Disability and | ||||||
22 | Mental Health Safety Act (also known as Brian's Law). | ||||||
23 | (v) Names and information of people who have applied | ||||||
24 | for or received Firearm Owner's Identification Cards under | ||||||
25 | the Firearm Owners Identification Card Act or applied for | ||||||
26 | or received a concealed carry license under the Firearm |
| |||||||
| |||||||
1 | Concealed Carry Act, unless otherwise authorized by the | ||||||
2 | Firearm Concealed Carry Act; and databases under the | ||||||
3 | Firearm Concealed Carry Act, records of the Concealed | ||||||
4 | Carry Licensing Review Board under the Firearm Concealed | ||||||
5 | Carry Act, and law enforcement agency objections under the | ||||||
6 | Firearm Concealed Carry Act. | ||||||
7 | (v-5) Records of the Firearm Owner's Identification | ||||||
8 | Card Review Board that are exempted from disclosure under | ||||||
9 | Section 10 of the Firearm Owners Identification Card Act. | ||||||
10 | (w) Personally identifiable information which is | ||||||
11 | exempted from disclosure under subsection (g) of Section | ||||||
12 | 19.1 of the Toll Highway Act. | ||||||
13 | (x) Information which is exempted from disclosure | ||||||
14 | under Section 5-1014.3 of the Counties Code or Section | ||||||
15 | 8-11-21 of the Illinois Municipal Code. | ||||||
16 | (y) Confidential information under the Adult | ||||||
17 | Protective Services Act and its predecessor enabling | ||||||
18 | statute, the Elder Abuse and Neglect Act, including | ||||||
19 | information about the identity and administrative finding | ||||||
20 | against any caregiver of a verified and substantiated | ||||||
21 | decision of abuse, neglect, or financial exploitation of | ||||||
22 | an eligible adult maintained in the Registry established | ||||||
23 | under Section 7.5 of the Adult Protective Services Act. | ||||||
24 | (z) Records and information provided to a fatality | ||||||
25 | review team or the Illinois Fatality Review Team Advisory | ||||||
26 | Council under Section 15 of the Adult Protective Services |
| |||||||
| |||||||
1 | Act. | ||||||
2 | (aa) Information which is exempted from disclosure | ||||||
3 | under Section 2.37 of the Wildlife Code. | ||||||
4 | (bb) Information which is or was prohibited from | ||||||
5 | disclosure by the Juvenile Court Act of 1987. | ||||||
6 | (cc) Recordings made under the Law Enforcement | ||||||
7 | Officer-Worn Body Camera Act, except to the extent | ||||||
8 | authorized under that Act. | ||||||
9 | (dd) Information that is prohibited from being | ||||||
10 | disclosed under Section 45 of the Condominium and Common | ||||||
11 | Interest Community Ombudsperson Act. | ||||||
12 | (ee) Information that is exempted from disclosure | ||||||
13 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
14 | (ff) Information that is exempted from disclosure | ||||||
15 | under the Revised Uniform Unclaimed Property Act. | ||||||
16 | (gg) Information that is prohibited from being | ||||||
17 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
18 | Code. | ||||||
19 | (hh) Records that are exempt from disclosure under | ||||||
20 | Section 1A-16.7 of the Election Code. | ||||||
21 | (ii) Information which is exempted from disclosure | ||||||
22 | under Section 2505-800 of the Department of Revenue Law of | ||||||
23 | the Civil Administrative Code of Illinois. | ||||||
24 | (jj) Information and reports that are required to be | ||||||
25 | submitted to the Department of Labor by registering day | ||||||
26 | and temporary labor service agencies but are exempt from |
| |||||||
| |||||||
1 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
2 | and Temporary Labor Services Act. | ||||||
3 | (kk) Information prohibited from disclosure under the | ||||||
4 | Seizure and Forfeiture Reporting Act. | ||||||
5 | (ll) Information the disclosure of which is restricted | ||||||
6 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
7 | Aid Code. | ||||||
8 | (mm) Records that are exempt from disclosure under | ||||||
9 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
10 | (nn) Information that is exempt from disclosure under | ||||||
11 | Section 70 of the Higher Education Student Assistance Act. | ||||||
12 | (oo) Communications, notes, records, and reports | ||||||
13 | arising out of a peer support counseling session | ||||||
14 | prohibited from disclosure under the First Responders | ||||||
15 | Suicide Prevention Act. | ||||||
16 | (pp) Names and all identifying information relating to | ||||||
17 | an employee of an emergency services provider or law | ||||||
18 | enforcement agency under the First Responders Suicide | ||||||
19 | Prevention Act. | ||||||
20 | (qq) Information and records held by the Department of | ||||||
21 | Public Health and its authorized representatives collected | ||||||
22 | under the Reproductive Health Act. | ||||||
23 | (rr) Information that is exempt from disclosure under | ||||||
24 | the Cannabis Regulation and Tax Act. | ||||||
25 | (ss) Data reported by an employer to the Department of | ||||||
26 | Human Rights pursuant to Section 2-108 of the Illinois |
| |||||||
| |||||||
1 | Human Rights Act. | ||||||
2 | (tt) Recordings made under the Children's Advocacy | ||||||
3 | Center Act, except to the extent authorized under that | ||||||
4 | Act. | ||||||
5 | (uu) Information that is exempt from disclosure under | ||||||
6 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
7 | (vv) Information that is exempt from disclosure under | ||||||
8 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
9 | Public Aid Code. | ||||||
10 | (ww) Information that is exempt from disclosure under | ||||||
11 | Section 16.8 of the State Treasurer Act. | ||||||
12 | (xx) Information that is exempt from disclosure or | ||||||
13 | information that shall not be made public under the | ||||||
14 | Illinois Insurance Code. | ||||||
15 | (yy) Information prohibited from being disclosed under | ||||||
16 | the Illinois Educational Labor Relations Act. | ||||||
17 | (zz) Information prohibited from being disclosed under | ||||||
18 | the Illinois Public Labor Relations Act. | ||||||
19 | (aaa) Information prohibited from being disclosed | ||||||
20 | under Section 1-167 of the Illinois Pension Code. | ||||||
21 | (bbb) Information that is prohibited from disclosure | ||||||
22 | by the Illinois Police Training Act and the Illinois State | ||||||
23 | Police Act. | ||||||
24 | (ccc) Records exempt from disclosure under Section | ||||||
25 | 2605-304 of the Illinois State Police Law of the Civil | ||||||
26 | Administrative Code of Illinois. |
| |||||||
| |||||||
1 | (ddd) Information prohibited from being disclosed | ||||||
2 | under Section 35 of the Address Confidentiality for | ||||||
3 | Victims of Domestic Violence, Sexual Assault, Human | ||||||
4 | Trafficking, or Stalking Act. | ||||||
5 | (eee) Information prohibited from being disclosed | ||||||
6 | under subsection (b) of Section 75 of the Domestic | ||||||
7 | Violence Fatality Review Act. | ||||||
8 | (fff) Images from cameras under the Expressway Camera | ||||||
9 | Act. This subsection (fff) is inoperative on and after | ||||||
10 | July 1, 2025. | ||||||
11 | (ggg) Information prohibited from disclosure under | ||||||
12 | paragraph (3) of subsection (a) of Section 14 of the Nurse | ||||||
13 | Agency Licensing Act. | ||||||
14 | (hhh) Information submitted to the Illinois State | ||||||
15 | Police in an affidavit or application for an assault | ||||||
16 | weapon endorsement, assault weapon attachment endorsement, | ||||||
17 | .50 caliber rifle endorsement, or .50 caliber cartridge | ||||||
18 | endorsement under the Firearm Owners Identification Card | ||||||
19 | Act. | ||||||
20 | (iii) Data exempt from disclosure under Section 50 of | ||||||
21 | the School Safety Drill Act. | ||||||
22 | (jjj) (hhh) Information exempt from disclosure under | ||||||
23 | Section 30 of the Insurance Data Security Law. | ||||||
24 | (kkk) (iii) Confidential business information | ||||||
25 | prohibited from disclosure under Section 45 of the Paint | ||||||
26 | Stewardship Act. |
| |||||||
| |||||||
1 | (lll) (iii) Data exempt from disclosure under Section | ||||||
2 | 2-3.196 of the School Code. | ||||||
3 | (mmm) (iii) Information prohibited from being | ||||||
4 | disclosed under subsection (e) of Section 1-129 of the | ||||||
5 | Illinois Power Agency Act. | ||||||
6 | (nnn) Information prohibited from being disclosed | ||||||
7 | under subsection (g) of Section 25 of the Highway Work | ||||||
8 | Zone Safety Act. | ||||||
9 | (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; | ||||||
10 | 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. | ||||||
11 | 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; | ||||||
12 | 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. | ||||||
13 | 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, | ||||||
14 | eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; | ||||||
15 | 103-580, eff. 12-8-23; revised 1-2-24.) | ||||||
16 | Section 905. The Illinois Vehicle Code is amended by | ||||||
17 | changing Sections 3-400 and 11-612 as follows: | ||||||
18 | (625 ILCS 5/3-400) (from Ch. 95 1/2, par. 3-400) | ||||||
19 | Sec. 3-400. Definitions. Notwithstanding the definitions | ||||||
20 | set forth in Chapter 1 of this Act, for the purposes of this | ||||||
21 | Article, the following words shall have the meaning ascribed | ||||||
22 | to them as follows: | ||||||
23 | "Apportionable Fee" means any periodic recurring fee | ||||||
24 | required for licensing or registering vehicles, such as, but |
| |||||||
| |||||||
1 | not limited to, registration fees, license or weight fees. | ||||||
2 | "Apportionable Vehicle" means any vehicle, except | ||||||
3 | recreational vehicles, vehicles displaying restricted plates, | ||||||
4 | city pickup and delivery vehicles, buses used in | ||||||
5 | transportation of chartered parties, and government owned | ||||||
6 | vehicles that are used or intended for use in 2 or more member | ||||||
7 | jurisdictions that allocate or proportionally register | ||||||
8 | vehicles, in a fleet which is used for the transportation of | ||||||
9 | persons for hire or the transportation of property and which | ||||||
10 | has a gross vehicle weight in excess of 26,000 pounds; or has | ||||||
11 | three or more axles regardless of weight; or is used in | ||||||
12 | combination when the weight of such combination exceeds 26,000 | ||||||
13 | pounds gross vehicle weight. Vehicles, or combinations having | ||||||
14 | a gross vehicle weight of 26,000 pounds or less and two-axle | ||||||
15 | vehicles may be proportionally registered at the option of | ||||||
16 | such owner. | ||||||
17 | "Base Jurisdiction" means, for purposes of fleet | ||||||
18 | registration, the jurisdiction where the registrant has an | ||||||
19 | established place of business, where operational records of | ||||||
20 | the fleet are maintained and where mileage is accrued by the | ||||||
21 | fleet. In case a registrant operates more than one fleet, and | ||||||
22 | maintains records for each fleet in different places, the | ||||||
23 | "base jurisdiction" for a fleet shall be the jurisdiction | ||||||
24 | where an established place of business is maintained, where | ||||||
25 | records of the operation of that fleet are maintained and | ||||||
26 | where mileage is accrued by that fleet. |
| |||||||
| |||||||
1 | "Operational Records" means documents supporting miles | ||||||
2 | traveled in each jurisdiction and total miles traveled, such | ||||||
3 | as fuel reports, trip leases, and logs. | ||||||
4 | "Owner" means a person who holds legal title of a motor | ||||||
5 | vehicle, or in the event a motor vehicle is the subject of an | ||||||
6 | agreement for the conditional sale or lease thereof with the | ||||||
7 | right of purchase upon performance of the conditions stated in | ||||||
8 | the agreement and with an immediate right of possession vested | ||||||
9 | in the conditional vendee or lessee with right of purchase, or | ||||||
10 | in the event a mortgagor of such motor vehicle is entitled to | ||||||
11 | possession, or in the event a lessee of such motor vehicle is | ||||||
12 | entitled to possession or control, then such conditional | ||||||
13 | vendee or lessee with right of purchase or mortgagor or lessee | ||||||
14 | is considered to be the owner for the purpose of this Act. | ||||||
15 | "Registration plate or digital registration plate cover" | ||||||
16 | means any tinted, colored, painted, marked, clear, or | ||||||
17 | illuminated object that is designed to (i) cover any of the | ||||||
18 | characters of a motor vehicle's registration plate or digital | ||||||
19 | registration plate; or (ii) distort a recorded image of any of | ||||||
20 | the characters of a motor vehicle's registration plate or | ||||||
21 | digital registration plate recorded by an automated | ||||||
22 | enforcement system as defined in Section 11-208.6, 11-208.8, | ||||||
23 | or 11-1201.1 of this Code or recorded by an automated traffic | ||||||
24 | control system as defined in Section 5 of the Highway Work Zone | ||||||
25 | Safety Act. 15 of the Automated Traffic Control Systems in | ||||||
26 | Highway Construction or Maintenance Zones Act. |
| |||||||
| |||||||
1 | "Rental Owner" means an owner principally engaged, with | ||||||
2 | respect to one or more rental fleets, in renting to others or | ||||||
3 | offering for rental the vehicles of such fleets, without | ||||||
4 | drivers. | ||||||
5 | "Restricted Plates" shall include, but is not limited to, | ||||||
6 | dealer, manufacturer, transporter, farm, repossessor, and | ||||||
7 | permanently mounted type plates. Vehicles displaying any of | ||||||
8 | these type plates from a foreign jurisdiction that is a member | ||||||
9 | of the International Registration Plan shall be granted | ||||||
10 | reciprocity but shall be subject to the same limitations as | ||||||
11 | similar plated Illinois registered vehicles. | ||||||
12 | (Source: P.A. 101-395, eff. 8-16-19.) | ||||||
13 | (625 ILCS 5/11-612) | ||||||
14 | Sec. 11-612. Certain systems to record vehicle speeds | ||||||
15 | prohibited. Except as authorized in the Highway Work Zone | ||||||
16 | Safety Act Automated Traffic Control Systems in Highway | ||||||
17 | Construction or Maintenance Zones Act and Section 11-208.8 of | ||||||
18 | this Code, no photographic, video, or other imaging system may | ||||||
19 | be used in this State to record vehicle speeds for the purpose | ||||||
20 | of enforcing any law or ordinance regarding a maximum or | ||||||
21 | minimum speed limit unless a law enforcement officer is | ||||||
22 | present at the scene and witnesses the event. No State or local | ||||||
23 | governmental entity, including a home rule county or | ||||||
24 | municipality, may use such a system in a way that is prohibited | ||||||
25 | by this Section. The regulation of the use of such systems is |
| |||||||
| |||||||
1 | an exclusive power and function of the State. This Section is a | ||||||
2 | denial and limitation of home rule powers and functions under | ||||||
3 | subsection (h) of Section 6 of Article VII of the Illinois | ||||||
4 | Constitution. | ||||||
5 | (Source: P.A. 97-672, eff. 7-1-12 .) | ||||||
6 | (625 ILCS 7/Act rep.) | ||||||
7 | Section 910. The Automated Traffic Control Systems in | ||||||
8 | Highway Construction or Maintenance Zones Act is repealed. | ||||||
9 | Section 995. No acceleration or delay. Where this Act | ||||||
10 | makes changes in a statute that is represented in this Act by | ||||||
11 | text that is not yet or no longer in effect (for example, a | ||||||
12 | Section represented by multiple versions), the use of that | ||||||
13 | text does not accelerate or delay the taking effect of (i) the | ||||||
14 | changes made by this Act or (ii) provisions derived from any | ||||||
15 | other Public Act. | ||||||
16 | Section 999. Effective date. This Act takes effect January | ||||||
17 | 1, 2027, except that Sections 40 and 45 take effect upon | ||||||
18 | becoming law. |