Illinois General Assembly - Full Text of SB0698
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Full Text of SB0698  103rd General Assembly

SB0698ham003 103RD GENERAL ASSEMBLY

Rep. Jaime M. Andrade, Jr.

Filed: 5/29/2024

 

 


 

 


 
10300SB0698ham003LRB103 03151 AWJ 74279 a

1
AMENDMENT TO SENATE BILL 698

2    AMENDMENT NO. ______. Amend Senate Bill 698 on page 1, by
3replacing lines 4 and 5 with the following:
 
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    "Automatic traffic control system" means a photographic
8device, radar device, laser device, or other electrical or
9mechanical device or devices designed to record the speed of a
10vehicle and obtain a clear photograph or other recorded image
11of the vehicle, the vehicle operator, and the vehicle's
12registration plate or digital registration plate while the
13driver is violating Section 11-605.1 of the Illinois Vehicle
14Code. The photograph or other recorded image must also display
15the time, date, and location of the violation. A law
16enforcement officer is not required to be present or to

 

 

10300SB0698ham003- 2 -LRB103 03151 AWJ 74279 a

1witness the violation.
2    "Construction or maintenance speed zone" has the same
3meaning given to that term under Section 11-605.1 of the
4Illinois Vehicle Code.
5    "Motor vehicle rental company" has the meaning given to
6that term under Section 6-305.3 of the Illinois Vehicle Code.
7    "Owner" means a person in whose name a motor vehicle is
8registered under the laws of this State, another state, or a
9foreign country or under the International Registration Plan.
10    "Program" means the Highway Work Zone Speed Control
11Program created under this Act.
12    "Work zone speed limit" means a temporary speed limit
13established for a work zone by (i) the Illinois Department of
14Transportation and the Illinois State Toll Highway Authority,
15or (ii) a unit of local government that has jurisdiction over
16the work zone.
 
17    Section 10. Highway Work Zone Speed Control Program.
18    (a) The Illinois Department of Transportation, in
19coordination with the Illinois State Police, shall establish
20the Highway Work Zone Speed Control Program for the purposes
21of enforcing the speed limits established for construction or
22maintenance speed zones.
23    (b) The Illinois Department of Transportation shall
24administer the Program in coordination with the Illinois State
25Police and the Illinois State Toll Highway Authority.

 

 

10300SB0698ham003- 3 -LRB103 03151 AWJ 74279 a

1    (c) The Illinois State Police and the Illinois Department
2of Transportation shall enter into an agreement to share
3information regarding the Program.
4    (d) The Illinois Department of Transportation may enter
5into an agreement with a third-party vendor to assist in the
6administration of the Program.
 
7    Section 15. Procedures.
8    (a) The Illinois State Police, in conjunction with the
9Illinois Department of Transportation and the Illinois State
10Toll Highway Authority, shall set up and operate automated
11traffic control systems in highway construction and
12maintenance speed zones to detect violations of posted work
13zone speed limits.
14    (b) Before setting up an automated traffic control system
15for the purposes of the Program:
16        (1) the Illinois State Police and the Illinois
17    Department of Transportation may conduct a public
18    information campaign to inform drivers about the use of
19    automated traffic control systems to detect speeds in
20    excess of a work zone speed limit; and
21        (2) signs indicating that work zone speeds are
22    enforced by automated traffic control systems shall be
23    clearly posted in the areas where the systems are or will
24    be in use.
 

 

 

10300SB0698ham003- 4 -LRB103 03151 AWJ 74279 a

1    Section 20. Automated traffic control system operator
2requirements; duties; restrictions. The Illinois Department of
3Transportation or the Illinois State Police may employ
4automated traffic control system operators to operate
5automated traffic control systems in construction or
6maintenance speed zones. The Illinois Department of
7Transportation may adopt any rules necessary to establish
8requirements, duties, or restrictions concerning automated
9traffic control system operators.
 
10    Section 25. Photograph and recorded images; permitted and
11nonpermitted uses.
12    (a) Except as otherwise provided in this Act, information
13and photographs or recorded images collected under the Program
14are not discoverable by court order as evidence in a
15proceeding except to assess a penalty under Section 30 of this
16Act.
17    (b) Information and a photograph or recorded image
18collected under the Program must be destroyed not later than 2
19years after the date the information and photograph or
20recorded image is collected.
21    (c) Notwithstanding any other provision of law,
22information and photographs or recorded images collected under
23the Program are the exclusive property of the State and not the
24property of the manufacturer or vendor of the automated
25traffic control system.

 

 

10300SB0698ham003- 5 -LRB103 03151 AWJ 74279 a

1    (d) Except as otherwise provided under the Illinois
2Vehicle Code or this Act, use of a photograph or recorded image
3obtained through the use of an automated traffic control
4system for the purpose of enforcing a traffic offense is
5prohibited.
6    (e) A photograph or recorded image obtained through the
7use of an automated traffic control system may not be used as
8evidence in any action other than an action to collect a work
9zone speed limit fine for which the photograph or recorded
10image was obtained.
11    (f) A photograph or recorded image obtained through the
12use of an automated traffic control system may be used
13internally to administer the Program. However, unless
14authorized by court order, a photograph or recorded image
15obtained through the use of an automated traffic control
16system may not be disclosed to anyone other than:
17        (1) the owner of the motor vehicle at the time the
18    recorded speed of the motor vehicle exceeded a work zone
19    speed limit;
20        (2) an individual alleged to have been operating the
21    motor vehicle at the time the work zone speed limit was
22    exceeded;
23        (3) an attorney representing an individual;
24        (4) a law enforcement officer;
25        (5) the Illinois State Police, the Illinois State Toll
26    Highway Authority, or the Illinois Department of

 

 

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1    Transportation; or
2        (6) a court.
3    (g) The information and recorded images collected under
4the Program are confidential and exempt from disclosure under
5the Freedom of Information Act.
 
6    Section 30. Civil law violation.
7    (a) A person who owns a motor vehicle that is identified by
8an automated traffic control system as operating in a
9construction or maintenance speed zone at a speed in excess of
10the posted speed limit commits a civil law violation.
11    (b) A person found to have committed a violation in
12subsection (a) or subsection (c):
13        (1) is guilty of a civil law violation punishable by a
14    minimum fine of $100 and a maximum fine of $200. The
15    proceeds of the fine shall be payable to the clerk of the
16    circuit court. Within one month after the deposit of the
17    fine, the clerk shall distribute the proceeds of the fine
18    as follows:
19            (A) $10 of the fine to the circuit clerk;
20            (B) $10 of the fine to the State's Attorney;
21            (C) $50 of the fine to the Transportation Safety
22        Highway Hire-back Fund in the State treasury;
23            (D) any remainder of the fine to the State Police
24        Vehicle Fund in the State treasury.
25        (2) With respect to funds designated for the Illinois

 

 

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1    State Police, the moneys shall be remitted by the circuit
2    court clerk to the Illinois State Police within one month
3    after receipt for deposit into the State Police Vehicle
4    Fund.
5        (3) With respect to moneys designated for the Illinois
6    Department of Transportation, the moneys shall be remitted
7    by the circuit court clerk to the Illinois Department of
8    Transportation within one month after receipt for deposit
9    into the Transportation Safety Highway Hire-back Fund.
10    (c) A person found to have committed a third or subsequent
11violation of subsection (a), and found to have failed to pay
12all fines and costs within 30 days of the last judgment,
13commits a separate civil law violation. The State may proceed
14with collections in accordance with the law against a person
15who is guilty under this Act but has failed to pay all fines
16and costs.
 
17    Section 35. Vehicle rental or leasing company's
18identification of a renter or lessee.
19    (a) A civil law violation issued under this Act to a motor
20vehicle rental or leasing company shall be dismissed with
21respect to the rental or leasing company if:
22        (1) the company responds to the civil law violation by
23    submitting, within 30 days of the mailing of the citation,
24    an affidavit of non-liability stating that, at the time of
25    the alleged speeding or other traffic violation, the

 

 

10300SB0698ham003- 8 -LRB103 03151 AWJ 74279 a

1    vehicle was in the custody and control of a renter or
2    lessee under the terms of a rental agreement or lease; and
3        (2) the company provides the driver's license number,
4    name, and address of the renter or lessee.
5    (b) A civil law violation dismissed with respect to a
6motor vehicle rental or leasing company in accordance with
7subsection (a) may then be issued and delivered by mail or
8other means to the renter or lessee identified in the
9affidavit of non-liability.
 
10    Section 40. Procurement. The Illinois Department of
11Transportation may procure such as is necessary to implement
12and administer this Act.
 
13    Section 45. Rulemaking. The Illinois Department of
14Transportation shall adopt rules to implement and administer
15this Act.
 
16    Section 900. The Freedom of Information Act is amended by
17changing Section 7.5 as follows:
 
18    (5 ILCS 140/7.5)
19    (Text of Section before amendment by P.A. 103-472)
20    Sec. 7.5. Statutory exemptions. To the extent provided for
21by the statutes referenced below, the following shall be
22exempt from inspection and copying:

 

 

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1        (a) All information determined to be confidential
2    under Section 4002 of the Technology Advancement and
3    Development Act.
4        (b) Library circulation and order records identifying
5    library users with specific materials under the Library
6    Records Confidentiality Act.
7        (c) Applications, related documents, and medical
8    records received by the Experimental Organ Transplantation
9    Procedures Board and any and all documents or other
10    records prepared by the Experimental Organ Transplantation
11    Procedures Board or its staff relating to applications it
12    has received.
13        (d) Information and records held by the Department of
14    Public Health and its authorized representatives relating
15    to known or suspected cases of sexually transmissible
16    disease or any information the disclosure of which is
17    restricted under the Illinois Sexually Transmissible
18    Disease Control Act.
19        (e) Information the disclosure of which is exempted
20    under Section 30 of the Radon Industry Licensing Act.
21        (f) Firm performance evaluations under Section 55 of
22    the Architectural, Engineering, and Land Surveying
23    Qualifications Based Selection Act.
24        (g) Information the disclosure of which is restricted
25    and exempted under Section 50 of the Illinois Prepaid
26    Tuition Act.

 

 

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1        (h) Information the disclosure of which is exempted
2    under the State Officials and Employees Ethics Act, and
3    records of any lawfully created State or local inspector
4    general's office that would be exempt if created or
5    obtained by an Executive Inspector General's office under
6    that Act.
7        (i) Information contained in a local emergency energy
8    plan submitted to a municipality in accordance with a
9    local emergency energy plan ordinance that is adopted
10    under Section 11-21.5-5 of the Illinois Municipal Code.
11        (j) Information and data concerning the distribution
12    of surcharge moneys collected and remitted by carriers
13    under the Emergency Telephone System Act.
14        (k) Law enforcement officer identification information
15    or driver identification information compiled by a law
16    enforcement agency or the Department of Transportation
17    under Section 11-212 of the Illinois Vehicle Code.
18        (l) Records and information provided to a residential
19    health care facility resident sexual assault and death
20    review team or the Executive Council under the Abuse
21    Prevention Review Team Act.
22        (m) Information provided to the predatory lending
23    database created pursuant to Article 3 of the Residential
24    Real Property Disclosure Act, except to the extent
25    authorized under that Article.
26        (n) Defense budgets and petitions for certification of

 

 

10300SB0698ham003- 11 -LRB103 03151 AWJ 74279 a

1    compensation and expenses for court appointed trial
2    counsel as provided under Sections 10 and 15 of the
3    Capital Crimes Litigation Act (repealed). This subsection
4    (n) shall apply until the conclusion of the trial of the
5    case, even if the prosecution chooses not to pursue the
6    death penalty prior to trial or sentencing.
7        (o) Information that is prohibited from being
8    disclosed under Section 4 of the Illinois Health and
9    Hazardous Substances Registry Act.
10        (p) Security portions of system safety program plans,
11    investigation reports, surveys, schedules, lists, data, or
12    information compiled, collected, or prepared by or for the
13    Department of Transportation under Sections 2705-300 and
14    2705-616 of the Department of Transportation Law of the
15    Civil Administrative Code of Illinois, the Regional
16    Transportation Authority under Section 2.11 of the
17    Regional Transportation Authority Act, or the St. Clair
18    County Transit District under the Bi-State Transit Safety
19    Act (repealed).
20        (q) Information prohibited from being disclosed by the
21    Personnel Record Review Act.
22        (r) Information prohibited from being disclosed by the
23    Illinois School Student Records Act.
24        (s) Information the disclosure of which is restricted
25    under Section 5-108 of the Public Utilities Act.
26        (t) (Blank).

 

 

10300SB0698ham003- 12 -LRB103 03151 AWJ 74279 a

1        (u) Records and information provided to an independent
2    team of experts under the Developmental Disability and
3    Mental Health Safety Act (also known as Brian's Law).
4        (v) Names and information of people who have applied
5    for or received Firearm Owner's Identification Cards under
6    the Firearm Owners Identification Card Act or applied for
7    or received a concealed carry license under the Firearm
8    Concealed Carry Act, unless otherwise authorized by the
9    Firearm Concealed Carry Act; and databases under the
10    Firearm Concealed Carry Act, records of the Concealed
11    Carry Licensing Review Board under the Firearm Concealed
12    Carry Act, and law enforcement agency objections under the
13    Firearm Concealed Carry Act.
14        (v-5) Records of the Firearm Owner's Identification
15    Card Review Board that are exempted from disclosure under
16    Section 10 of the Firearm Owners Identification Card Act.
17        (w) Personally identifiable information which is
18    exempted from disclosure under subsection (g) of Section
19    19.1 of the Toll Highway Act.
20        (x) Information which is exempted from disclosure
21    under Section 5-1014.3 of the Counties Code or Section
22    8-11-21 of the Illinois Municipal Code.
23        (y) Confidential information under the Adult
24    Protective Services Act and its predecessor enabling
25    statute, the Elder Abuse and Neglect Act, including
26    information about the identity and administrative finding

 

 

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1    against any caregiver of a verified and substantiated
2    decision of abuse, neglect, or financial exploitation of
3    an eligible adult maintained in the Registry established
4    under Section 7.5 of the Adult Protective Services Act.
5        (z) Records and information provided to a fatality
6    review team or the Illinois Fatality Review Team Advisory
7    Council under Section 15 of the Adult Protective Services
8    Act.
9        (aa) Information which is exempted from disclosure
10    under Section 2.37 of the Wildlife Code.
11        (bb) Information which is or was prohibited from
12    disclosure by the Juvenile Court Act of 1987.
13        (cc) Recordings made under the Law Enforcement
14    Officer-Worn Body Camera Act, except to the extent
15    authorized under that Act.
16        (dd) Information that is prohibited from being
17    disclosed under Section 45 of the Condominium and Common
18    Interest Community Ombudsperson Act.
19        (ee) Information that is exempted from disclosure
20    under Section 30.1 of the Pharmacy Practice Act.
21        (ff) Information that is exempted from disclosure
22    under the Revised Uniform Unclaimed Property Act.
23        (gg) Information that is prohibited from being
24    disclosed under Section 7-603.5 of the Illinois Vehicle
25    Code.
26        (hh) Records that are exempt from disclosure under

 

 

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1    Section 1A-16.7 of the Election Code.
2        (ii) Information which is exempted from disclosure
3    under Section 2505-800 of the Department of Revenue Law of
4    the Civil Administrative Code of Illinois.
5        (jj) Information and reports that are required to be
6    submitted to the Department of Labor by registering day
7    and temporary labor service agencies but are exempt from
8    disclosure under subsection (a-1) of Section 45 of the Day
9    and Temporary Labor Services Act.
10        (kk) Information prohibited from disclosure under the
11    Seizure and Forfeiture Reporting Act.
12        (ll) Information the disclosure of which is restricted
13    and exempted under Section 5-30.8 of the Illinois Public
14    Aid Code.
15        (mm) Records that are exempt from disclosure under
16    Section 4.2 of the Crime Victims Compensation Act.
17        (nn) Information that is exempt from disclosure under
18    Section 70 of the Higher Education Student Assistance Act.
19        (oo) Communications, notes, records, and reports
20    arising out of a peer support counseling session
21    prohibited from disclosure under the First Responders
22    Suicide Prevention Act.
23        (pp) Names and all identifying information relating to
24    an employee of an emergency services provider or law
25    enforcement agency under the First Responders Suicide
26    Prevention Act.

 

 

10300SB0698ham003- 15 -LRB103 03151 AWJ 74279 a

1        (qq) Information and records held by the Department of
2    Public Health and its authorized representatives collected
3    under the Reproductive Health Act.
4        (rr) Information that is exempt from disclosure under
5    the Cannabis Regulation and Tax Act.
6        (ss) Data reported by an employer to the Department of
7    Human Rights pursuant to Section 2-108 of the Illinois
8    Human Rights Act.
9        (tt) Recordings made under the Children's Advocacy
10    Center Act, except to the extent authorized under that
11    Act.
12        (uu) Information that is exempt from disclosure under
13    Section 50 of the Sexual Assault Evidence Submission Act.
14        (vv) Information that is exempt from disclosure under
15    subsections (f) and (j) of Section 5-36 of the Illinois
16    Public Aid Code.
17        (ww) Information that is exempt from disclosure under
18    Section 16.8 of the State Treasurer Act.
19        (xx) Information that is exempt from disclosure or
20    information that shall not be made public under the
21    Illinois Insurance Code.
22        (yy) Information prohibited from being disclosed under
23    the Illinois Educational Labor Relations Act.
24        (zz) Information prohibited from being disclosed under
25    the Illinois Public Labor Relations Act.
26        (aaa) Information prohibited from being disclosed

 

 

10300SB0698ham003- 16 -LRB103 03151 AWJ 74279 a

1    under Section 1-167 of the Illinois Pension Code.
2        (bbb) Information that is prohibited from disclosure
3    by the Illinois Police Training Act and the Illinois State
4    Police Act.
5        (ccc) Records exempt from disclosure under Section
6    2605-304 of the Illinois State Police Law of the Civil
7    Administrative Code of Illinois.
8        (ddd) Information prohibited from being disclosed
9    under Section 35 of the Address Confidentiality for
10    Victims of Domestic Violence, Sexual Assault, Human
11    Trafficking, or Stalking Act.
12        (eee) Information prohibited from being disclosed
13    under subsection (b) of Section 75 of the Domestic
14    Violence Fatality Review Act.
15        (fff) Images from cameras under the Expressway Camera
16    Act. This subsection (fff) is inoperative on and after
17    July 1, 2025.
18        (ggg) Information prohibited from disclosure under
19    paragraph (3) of subsection (a) of Section 14 of the Nurse
20    Agency Licensing Act.
21        (hhh) Information submitted to the Illinois State
22    Police in an affidavit or application for an assault
23    weapon endorsement, assault weapon attachment endorsement,
24    .50 caliber rifle endorsement, or .50 caliber cartridge
25    endorsement under the Firearm Owners Identification Card
26    Act.

 

 

10300SB0698ham003- 17 -LRB103 03151 AWJ 74279 a

1        (iii) Data exempt from disclosure under Section 50 of
2    the School Safety Drill Act.
3        (jjj) (hhh) Information exempt from disclosure under
4    Section 30 of the Insurance Data Security Law.
5        (kkk) (iii) Confidential business information
6    prohibited from disclosure under Section 45 of the Paint
7    Stewardship Act.
8        (lll) (Reserved).
9        (mmm) (iii) Information prohibited from being
10    disclosed under subsection (e) of Section 1-129 of the
11    Illinois Power Agency Act.
12        (nnn) Information prohibited from being disclosed
13    under subsection (g) of Section 25 of the Highway Work
14    Zone Safety Act.
15(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
16102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
178-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
18102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
196-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
20eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23;
21revised 1-2-24.)
 
22    (Text of Section after amendment by P.A. 103-472)
23    Sec. 7.5. Statutory exemptions. To the extent provided for
24by the statutes referenced below, the following shall be
25exempt from inspection and copying:

 

 

10300SB0698ham003- 18 -LRB103 03151 AWJ 74279 a

1        (a) All information determined to be confidential
2    under Section 4002 of the Technology Advancement and
3    Development Act.
4        (b) Library circulation and order records identifying
5    library users with specific materials under the Library
6    Records Confidentiality Act.
7        (c) Applications, related documents, and medical
8    records received by the Experimental Organ Transplantation
9    Procedures Board and any and all documents or other
10    records prepared by the Experimental Organ Transplantation
11    Procedures Board or its staff relating to applications it
12    has received.
13        (d) Information and records held by the Department of
14    Public Health and its authorized representatives relating
15    to known or suspected cases of sexually transmissible
16    disease or any information the disclosure of which is
17    restricted under the Illinois Sexually Transmissible
18    Disease Control Act.
19        (e) Information the disclosure of which is exempted
20    under Section 30 of the Radon Industry Licensing Act.
21        (f) Firm performance evaluations under Section 55 of
22    the Architectural, Engineering, and Land Surveying
23    Qualifications Based Selection Act.
24        (g) Information the disclosure of which is restricted
25    and exempted under Section 50 of the Illinois Prepaid
26    Tuition Act.

 

 

10300SB0698ham003- 19 -LRB103 03151 AWJ 74279 a

1        (h) Information the disclosure of which is exempted
2    under the State Officials and Employees Ethics Act, and
3    records of any lawfully created State or local inspector
4    general's office that would be exempt if created or
5    obtained by an Executive Inspector General's office under
6    that Act.
7        (i) Information contained in a local emergency energy
8    plan submitted to a municipality in accordance with a
9    local emergency energy plan ordinance that is adopted
10    under Section 11-21.5-5 of the Illinois Municipal Code.
11        (j) Information and data concerning the distribution
12    of surcharge moneys collected and remitted by carriers
13    under the Emergency Telephone System Act.
14        (k) Law enforcement officer identification information
15    or driver identification information compiled by a law
16    enforcement agency or the Department of Transportation
17    under Section 11-212 of the Illinois Vehicle Code.
18        (l) Records and information provided to a residential
19    health care facility resident sexual assault and death
20    review team or the Executive Council under the Abuse
21    Prevention Review Team Act.
22        (m) Information provided to the predatory lending
23    database created pursuant to Article 3 of the Residential
24    Real Property Disclosure Act, except to the extent
25    authorized under that Article.
26        (n) Defense budgets and petitions for certification of

 

 

10300SB0698ham003- 20 -LRB103 03151 AWJ 74279 a

1    compensation and expenses for court appointed trial
2    counsel as provided under Sections 10 and 15 of the
3    Capital Crimes Litigation Act (repealed). This subsection
4    (n) shall apply until the conclusion of the trial of the
5    case, even if the prosecution chooses not to pursue the
6    death penalty prior to trial or sentencing.
7        (o) Information that is prohibited from being
8    disclosed under Section 4 of the Illinois Health and
9    Hazardous Substances Registry Act.
10        (p) Security portions of system safety program plans,
11    investigation reports, surveys, schedules, lists, data, or
12    information compiled, collected, or prepared by or for the
13    Department of Transportation under Sections 2705-300 and
14    2705-616 of the Department of Transportation Law of the
15    Civil Administrative Code of Illinois, the Regional
16    Transportation Authority under Section 2.11 of the
17    Regional Transportation Authority Act, or the St. Clair
18    County Transit District under the Bi-State Transit Safety
19    Act (repealed).
20        (q) Information prohibited from being disclosed by the
21    Personnel Record Review Act.
22        (r) Information prohibited from being disclosed by the
23    Illinois School Student Records Act.
24        (s) Information the disclosure of which is restricted
25    under Section 5-108 of the Public Utilities Act.
26        (t) (Blank).

 

 

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1        (u) Records and information provided to an independent
2    team of experts under the Developmental Disability and
3    Mental Health Safety Act (also known as Brian's Law).
4        (v) Names and information of people who have applied
5    for or received Firearm Owner's Identification Cards under
6    the Firearm Owners Identification Card Act or applied for
7    or received a concealed carry license under the Firearm
8    Concealed Carry Act, unless otherwise authorized by the
9    Firearm Concealed Carry Act; and databases under the
10    Firearm Concealed Carry Act, records of the Concealed
11    Carry Licensing Review Board under the Firearm Concealed
12    Carry Act, and law enforcement agency objections under the
13    Firearm Concealed Carry Act.
14        (v-5) Records of the Firearm Owner's Identification
15    Card Review Board that are exempted from disclosure under
16    Section 10 of the Firearm Owners Identification Card Act.
17        (w) Personally identifiable information which is
18    exempted from disclosure under subsection (g) of Section
19    19.1 of the Toll Highway Act.
20        (x) Information which is exempted from disclosure
21    under Section 5-1014.3 of the Counties Code or Section
22    8-11-21 of the Illinois Municipal Code.
23        (y) Confidential information under the Adult
24    Protective Services Act and its predecessor enabling
25    statute, the Elder Abuse and Neglect Act, including
26    information about the identity and administrative finding

 

 

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1    against any caregiver of a verified and substantiated
2    decision of abuse, neglect, or financial exploitation of
3    an eligible adult maintained in the Registry established
4    under Section 7.5 of the Adult Protective Services Act.
5        (z) Records and information provided to a fatality
6    review team or the Illinois Fatality Review Team Advisory
7    Council under Section 15 of the Adult Protective Services
8    Act.
9        (aa) Information which is exempted from disclosure
10    under Section 2.37 of the Wildlife Code.
11        (bb) Information which is or was prohibited from
12    disclosure by the Juvenile Court Act of 1987.
13        (cc) Recordings made under the Law Enforcement
14    Officer-Worn Body Camera Act, except to the extent
15    authorized under that Act.
16        (dd) Information that is prohibited from being
17    disclosed under Section 45 of the Condominium and Common
18    Interest Community Ombudsperson Act.
19        (ee) Information that is exempted from disclosure
20    under Section 30.1 of the Pharmacy Practice Act.
21        (ff) Information that is exempted from disclosure
22    under the Revised Uniform Unclaimed Property Act.
23        (gg) Information that is prohibited from being
24    disclosed under Section 7-603.5 of the Illinois Vehicle
25    Code.
26        (hh) Records that are exempt from disclosure under

 

 

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1    Section 1A-16.7 of the Election Code.
2        (ii) Information which is exempted from disclosure
3    under Section 2505-800 of the Department of Revenue Law of
4    the Civil Administrative Code of Illinois.
5        (jj) Information and reports that are required to be
6    submitted to the Department of Labor by registering day
7    and temporary labor service agencies but are exempt from
8    disclosure under subsection (a-1) of Section 45 of the Day
9    and Temporary Labor Services Act.
10        (kk) Information prohibited from disclosure under the
11    Seizure and Forfeiture Reporting Act.
12        (ll) Information the disclosure of which is restricted
13    and exempted under Section 5-30.8 of the Illinois Public
14    Aid Code.
15        (mm) Records that are exempt from disclosure under
16    Section 4.2 of the Crime Victims Compensation Act.
17        (nn) Information that is exempt from disclosure under
18    Section 70 of the Higher Education Student Assistance Act.
19        (oo) Communications, notes, records, and reports
20    arising out of a peer support counseling session
21    prohibited from disclosure under the First Responders
22    Suicide Prevention Act.
23        (pp) Names and all identifying information relating to
24    an employee of an emergency services provider or law
25    enforcement agency under the First Responders Suicide
26    Prevention Act.

 

 

10300SB0698ham003- 24 -LRB103 03151 AWJ 74279 a

1        (qq) Information and records held by the Department of
2    Public Health and its authorized representatives collected
3    under the Reproductive Health Act.
4        (rr) Information that is exempt from disclosure under
5    the Cannabis Regulation and Tax Act.
6        (ss) Data reported by an employer to the Department of
7    Human Rights pursuant to Section 2-108 of the Illinois
8    Human Rights Act.
9        (tt) Recordings made under the Children's Advocacy
10    Center Act, except to the extent authorized under that
11    Act.
12        (uu) Information that is exempt from disclosure under
13    Section 50 of the Sexual Assault Evidence Submission Act.
14        (vv) Information that is exempt from disclosure under
15    subsections (f) and (j) of Section 5-36 of the Illinois
16    Public Aid Code.
17        (ww) Information that is exempt from disclosure under
18    Section 16.8 of the State Treasurer Act.
19        (xx) Information that is exempt from disclosure or
20    information that shall not be made public under the
21    Illinois Insurance Code.
22        (yy) Information prohibited from being disclosed under
23    the Illinois Educational Labor Relations Act.
24        (zz) Information prohibited from being disclosed under
25    the Illinois Public Labor Relations Act.
26        (aaa) Information prohibited from being disclosed

 

 

10300SB0698ham003- 25 -LRB103 03151 AWJ 74279 a

1    under Section 1-167 of the Illinois Pension Code.
2        (bbb) Information that is prohibited from disclosure
3    by the Illinois Police Training Act and the Illinois State
4    Police Act.
5        (ccc) Records exempt from disclosure under Section
6    2605-304 of the Illinois State Police Law of the Civil
7    Administrative Code of Illinois.
8        (ddd) Information prohibited from being disclosed
9    under Section 35 of the Address Confidentiality for
10    Victims of Domestic Violence, Sexual Assault, Human
11    Trafficking, or Stalking Act.
12        (eee) Information prohibited from being disclosed
13    under subsection (b) of Section 75 of the Domestic
14    Violence Fatality Review Act.
15        (fff) Images from cameras under the Expressway Camera
16    Act. This subsection (fff) is inoperative on and after
17    July 1, 2025.
18        (ggg) Information prohibited from disclosure under
19    paragraph (3) of subsection (a) of Section 14 of the Nurse
20    Agency Licensing Act.
21        (hhh) Information submitted to the Illinois State
22    Police in an affidavit or application for an assault
23    weapon endorsement, assault weapon attachment endorsement,
24    .50 caliber rifle endorsement, or .50 caliber cartridge
25    endorsement under the Firearm Owners Identification Card
26    Act.

 

 

10300SB0698ham003- 26 -LRB103 03151 AWJ 74279 a

1        (iii) Data exempt from disclosure under Section 50 of
2    the School Safety Drill Act.
3        (jjj) (hhh) Information exempt from disclosure under
4    Section 30 of the Insurance Data Security Law.
5        (kkk) (iii) Confidential business information
6    prohibited from disclosure under Section 45 of the Paint
7    Stewardship Act.
8        (lll) (iii) Data exempt from disclosure under Section
9    2-3.196 of the School Code.
10        (mmm) (iii) Information prohibited from being
11    disclosed under subsection (e) of Section 1-129 of the
12    Illinois Power Agency Act.
13        (nnn) Information prohibited from being disclosed
14    under subsection (g) of Section 25 of the Highway Work
15    Zone Safety Act.
16(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
17102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
188-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
19102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
206-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
21eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
22103-580, eff. 12-8-23; revised 1-2-24.)
 
23    Section 905. The Illinois Vehicle Code is amended by
24changing Sections 3-400, 11-208.8, and 11-612 as follows:
 

 

 

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1    (625 ILCS 5/3-400)  (from Ch. 95 1/2, par. 3-400)
2    Sec. 3-400. Definitions. Notwithstanding the definitions
3set forth in Chapter 1 of this Act, for the purposes of this
4Article, the following words shall have the meaning ascribed
5to them as follows:
6    "Apportionable Fee" means any periodic recurring fee
7required for licensing or registering vehicles, such as, but
8not limited to, registration fees, license or weight fees.
9    "Apportionable Vehicle" means any vehicle, except
10recreational vehicles, vehicles displaying restricted plates,
11city pickup and delivery vehicles, buses used in
12transportation of chartered parties, and government owned
13vehicles that are used or intended for use in 2 or more member
14jurisdictions that allocate or proportionally register
15vehicles, in a fleet which is used for the transportation of
16persons for hire or the transportation of property and which
17has a gross vehicle weight in excess of 26,000 pounds; or has
18three or more axles regardless of weight; or is used in
19combination when the weight of such combination exceeds 26,000
20pounds gross vehicle weight. Vehicles, or combinations having
21a gross vehicle weight of 26,000 pounds or less and two-axle
22vehicles may be proportionally registered at the option of
23such owner.
24    "Base Jurisdiction" means, for purposes of fleet
25registration, the jurisdiction where the registrant has an
26established place of business, where operational records of

 

 

10300SB0698ham003- 28 -LRB103 03151 AWJ 74279 a

1the fleet are maintained and where mileage is accrued by the
2fleet. In case a registrant operates more than one fleet, and
3maintains records for each fleet in different places, the
4"base jurisdiction" for a fleet shall be the jurisdiction
5where an established place of business is maintained, where
6records of the operation of that fleet are maintained and
7where mileage is accrued by that fleet.
8    "Operational Records" means documents supporting miles
9traveled in each jurisdiction and total miles traveled, such
10as fuel reports, trip leases, and logs.
11    "Owner" means a person who holds legal title of a motor
12vehicle, or in the event a motor vehicle is the subject of an
13agreement for the conditional sale or lease thereof with the
14right of purchase upon performance of the conditions stated in
15the agreement and with an immediate right of possession vested
16in the conditional vendee or lessee with right of purchase, or
17in the event a mortgagor of such motor vehicle is entitled to
18possession, or in the event a lessee of such motor vehicle is
19entitled to possession or control, then such conditional
20vendee or lessee with right of purchase or mortgagor or lessee
21is considered to be the owner for the purpose of this Act.
22    "Registration plate or digital registration plate cover"
23means any tinted, colored, painted, marked, clear, or
24illuminated object that is designed to (i) cover any of the
25characters of a motor vehicle's registration plate or digital
26registration plate; or (ii) distort a recorded image of any of

 

 

10300SB0698ham003- 29 -LRB103 03151 AWJ 74279 a

1the characters of a motor vehicle's registration plate or
2digital registration plate recorded by an automated
3enforcement system as defined in Section 11-208.6, 11-208.8,
4or 11-1201.1 of this Code or recorded by an automated traffic
5control system as defined in Section 5 of the Highway Work Zone
6Safety Act. 15 of the Automated Traffic Control Systems in
7Highway Construction or Maintenance Zones Act.
8    "Rental Owner" means an owner principally engaged, with
9respect to one or more rental fleets, in renting to others or
10offering for rental the vehicles of such fleets, without
11drivers.
12    "Restricted Plates" shall include, but is not limited to,
13dealer, manufacturer, transporter, farm, repossessor, and
14permanently mounted type plates. Vehicles displaying any of
15these type plates from a foreign jurisdiction that is a member
16of the International Registration Plan shall be granted
17reciprocity but shall be subject to the same limitations as
18similar plated Illinois registered vehicles.
19(Source: P.A. 101-395, eff. 8-16-19.)"; and
 
20on page 12, by replacing lines 25 and 26 with the following:
 
21    "(625 ILCS 5/11-612)
22    Sec. 11-612. Certain systems to record vehicle speeds
23prohibited. Except as authorized in the Highway Work Zone
24Safety Act Automated Traffic Control Systems in Highway

 

 

10300SB0698ham003- 30 -LRB103 03151 AWJ 74279 a

1Construction or Maintenance Zones Act and Section 11-208.8 of
2this Code, no photographic, video, or other imaging system may
3be used in this State to record vehicle speeds for the purpose
4of enforcing any law or ordinance regarding a maximum or
5minimum speed limit unless a law enforcement officer is
6present at the scene and witnesses the event. No State or local
7governmental entity, including a home rule county or
8municipality, may use such a system in a way that is prohibited
9by this Section. The regulation of the use of such systems is
10an exclusive power and function of the State. This Section is a
11denial and limitation of home rule powers and functions under
12subsection (h) of Section 6 of Article VII of the Illinois
13Constitution.
14(Source: P.A. 97-672, eff. 7-1-12.)
 
15    (625 ILCS 7/Act rep.)
16    Section 910. The Automated Traffic Control Systems in
17Highway Construction or Maintenance Zones Act is repealed.
 
18    Section 995. No acceleration or delay. Where this Act
19makes changes in a statute that is represented in this Act by
20text that is not yet or no longer in effect (for example, a
21Section represented by multiple versions), the use of that
22text does not accelerate or delay the taking effect of (i) the
23changes made by this Act or (ii) provisions derived from any
24other Public Act.
 

 

 

10300SB0698ham003- 31 -LRB103 03151 AWJ 74279 a

1    Section 999. Effective date. This Act takes effect January
21, 2027, except that this Section, Sections 40 and 45, and the
3amendatory changes to Section 11-208.8 of the Illinois Vehicle
4Code take effect upon becoming law.".