HB2857 - 104th General Assembly
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| 1 | AN ACT concerning transportation. | ||||||
| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly: | ||||||
| 4 | Section 1. Short title. This Act may be cited as the | ||||||
| 5 | Highway Work Zone Safety Act. | ||||||
| 6 | Section 5. Definitions. As used in this Act: | ||||||
| 7 | "Construction or maintenance speed zone" has the same | ||||||
| 8 | meaning given to that term under Section 11-605.1 of the | ||||||
| 9 | Illinois Vehicle Code. | ||||||
| 10 | "Motor vehicle rental company" has the meaning given to | ||||||
| 11 | that term under Section 6-305.3 of the Illinois Vehicle Code. | ||||||
| 12 | "Owner" means a person in whose name a motor vehicle is | ||||||
| 13 | registered under the laws of this State, another state, or a | ||||||
| 14 | foreign country or under the International Registration Plan. | ||||||
| 15 | "Program" means the Highway Work Zone Safety Speed Control | ||||||
| 16 | Program created under this Act. | ||||||
| 17 | "Work zone speed limit" means a temporary speed limit | ||||||
| 18 | established for a work zone by (i) the Department of | ||||||
| 19 | Transportation, (ii) the Illinois State Toll Highway | ||||||
| 20 | Authority, or (iii) a unit of local government that has | ||||||
| 21 | jurisdiction over the highway. | ||||||
| 22 | "Work zone speed safety camera system" means a | ||||||
| 23 | photographic device, radar device, laser device, or other | ||||||
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| 1 | electrical or mechanical device or devices designed to record | ||||||
| 2 | the speed of a vehicle and obtain a clear photograph or other | ||||||
| 3 | recorded image of the vehicle, the vehicle operator, and the | ||||||
| 4 | vehicle's registration plate or digital registration plate | ||||||
| 5 | while the driver is violating Section 11-605.1 of the Illinois | ||||||
| 6 | Vehicle Code. The photograph or other recorded image must also | ||||||
| 7 | display the time, date, and location of the violation. A law | ||||||
| 8 | enforcement officer is not required to be present or to | ||||||
| 9 | witness the violation. | ||||||
| 10 | Section 10. Highway Work Zone Safety Speed Control | ||||||
| 11 | Program. | ||||||
| 12 | (a) The Department of Transportation, in coordination with | ||||||
| 13 | the Illinois State Police, shall establish the Highway Work | ||||||
| 14 | Zone Safety Speed Control Program for the purposes of | ||||||
| 15 | enforcing the speed limits established for construction or | ||||||
| 16 | maintenance speed zones. | ||||||
| 17 | (b) The Department of Transportation shall administer the | ||||||
| 18 | Program in coordination with the Illinois State Police and the | ||||||
| 19 | Illinois State Toll Highway Authority. | ||||||
| 20 | (c) The Illinois State Police and the Department of | ||||||
| 21 | Transportation shall enter into an agreement to share | ||||||
| 22 | information regarding the Program. | ||||||
| 23 | (d) The Department of Transportation may enter into an | ||||||
| 24 | agreement with a third-party vendor to assist in the | ||||||
| 25 | administration of the Program. | ||||||
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| 1 | Section 15. Procedures. | ||||||
| 2 | (a) The Illinois State Police, in conjunction with the | ||||||
| 3 | Department of Transportation and the Illinois State Toll | ||||||
| 4 | Highway Authority, shall set up and operate work zone speed | ||||||
| 5 | safety camera systems in highway construction and maintenance | ||||||
| 6 | speed zones to detect violations of posted work zone speed | ||||||
| 7 | limits. | ||||||
| 8 | (b) Before setting up a work zone speed safety camera | ||||||
| 9 | system for the purposes of the Program: | ||||||
| 10 | (1) the Illinois State Police and the Department of | ||||||
| 11 | Transportation may conduct a public information campaign | ||||||
| 12 | to inform drivers about the use of work zone speed safety | ||||||
| 13 | camera systems to detect speeds in excess of a work zone | ||||||
| 14 | speed limit; and | ||||||
| 15 | (2) signs indicating that work zone speeds are | ||||||
| 16 | enforced by work zone speed safety camera systems shall be | ||||||
| 17 | clearly posted in the areas where the systems may be in | ||||||
| 18 | use. | ||||||
| 19 | Section 20. Work zone speed safety camera system operator | ||||||
| 20 | requirements; duties; restrictions. The Department of | ||||||
| 21 | Transportation or the Illinois State Police may employ work | ||||||
| 22 | zone speed safety camera system operators to operate work zone | ||||||
| 23 | speed safety camera systems in construction or maintenance | ||||||
| 24 | speed zones. The Department of Transportation may adopt any | ||||||
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| 1 | rules necessary to establish requirements, duties, or | ||||||
| 2 | restrictions concerning work zone speed safety camera system | ||||||
| 3 | operators. | ||||||
| 4 | Section 25. Photographs and recorded images; permitted and | ||||||
| 5 | nonpermitted uses. | ||||||
| 6 | (a) Except as otherwise provided in this Act, information | ||||||
| 7 | and photographs or recorded images collected under the Program | ||||||
| 8 | are not discoverable by court order as evidence in a | ||||||
| 9 | proceeding except to assess a penalty under Section 30. | ||||||
| 10 | (b) Photographs or recorded images collected under the | ||||||
| 11 | Program must be destroyed not later than 2 years after the date | ||||||
| 12 | the photograph or recorded image is collected. | ||||||
| 13 | (c) Notwithstanding any other provision of law, | ||||||
| 14 | information and photographs or recorded images collected under | ||||||
| 15 | the Program are the exclusive property of the State and not the | ||||||
| 16 | property of the manufacturer or vendor of the work zone speed | ||||||
| 17 | safety camera system. | ||||||
| 18 | (d) Except as otherwise provided under the Illinois | ||||||
| 19 | Vehicle Code or this Act, use of a photograph or recorded image | ||||||
| 20 | obtained through the use of a work zone speed safety camera | ||||||
| 21 | system for the purpose of enforcing a traffic offense is | ||||||
| 22 | prohibited. | ||||||
| 23 | (e) A photograph or recorded image obtained through the | ||||||
| 24 | use of a work zone speed safety camera system may not be used | ||||||
| 25 | as evidence in any action other than an action to collect a | ||||||
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| 1 | work zone speed limit fine for which the photograph or | ||||||
| 2 | recorded image was obtained. | ||||||
| 3 | (f) A photograph or recorded image obtained through the | ||||||
| 4 | use of a work zone speed safety camera system may be used | ||||||
| 5 | internally to administer the Program. However, unless | ||||||
| 6 | authorized by court order, a photograph or recorded image | ||||||
| 7 | obtained through the use of a work zone speed safety camera | ||||||
| 8 | system may not be disclosed to anyone other than: | ||||||
| 9 | (1) the owner of the motor vehicle at the time the | ||||||
| 10 | recorded speed of the motor vehicle exceeded a work zone | ||||||
| 11 | speed limit; | ||||||
| 12 | (2) an individual alleged to have been operating the | ||||||
| 13 | motor vehicle at the time the work zone speed limit was | ||||||
| 14 | exceeded; | ||||||
| 15 | (3) an attorney representing an individual; | ||||||
| 16 | (4) a law enforcement officer; | ||||||
| 17 | (5) the Illinois State Police, the Illinois State Toll | ||||||
| 18 | Highway Authority, or the Department of Transportation; or | ||||||
| 19 | (6) a court. | ||||||
| 20 | (g) The information and recorded images collected under | ||||||
| 21 | the Program are confidential and exempt from disclosure under | ||||||
| 22 | the Freedom of Information Act. | ||||||
| 23 | Section 30. Civil law violation. | ||||||
| 24 | (a) A person who owns a motor vehicle that is identified by | ||||||
| 25 | an automated traffic control system as operating in a | ||||||
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| 1 | construction or maintenance speed zone at a speed in excess of | ||||||
| 2 | the posted speed limit commits a civil law violation. | ||||||
| 3 | (b) A person found to have committed a violation in | ||||||
| 4 | subsection (a) or subsection (c): | ||||||
| 5 | (1) Is guilty of a civil law violation punishable by a | ||||||
| 6 | minimum fine of $100 and a maximum fine of $200. The | ||||||
| 7 | proceeds of the fine shall be payable to the clerk of the | ||||||
| 8 | circuit court. Within one month after the deposit of the | ||||||
| 9 | fine, the clerk shall distribute the proceeds of the fine | ||||||
| 10 | as follows: | ||||||
| 11 | (A) $10 of the fine to the circuit clerk; | ||||||
| 12 | (B) $10 of the fine to the State's Attorney; | ||||||
| 13 | (C) $50 of the fine to the Transportation Safety | ||||||
| 14 | Highway Hire-back Fund in the State treasury; and | ||||||
| 15 | (D) any remainder of the fine to the State Police | ||||||
| 16 | Vehicle Fund in the State treasury. | ||||||
| 17 | (2) With respect to funds designated for the Illinois | ||||||
| 18 | State Police, the moneys shall be remitted by the circuit | ||||||
| 19 | court clerk to the Illinois State Police within one month | ||||||
| 20 | after receipt for deposit into the State Police Vehicle | ||||||
| 21 | Fund. | ||||||
| 22 | (3) With respect to moneys designated for the | ||||||
| 23 | Department of Transportation, the moneys shall be remitted | ||||||
| 24 | by the circuit court clerk to the Department of | ||||||
| 25 | Transportation within one month after receipt for deposit | ||||||
| 26 | into the Transportation Safety Highway Hire-back Fund. | ||||||
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| 1 | (c) A person found to have committed a third or subsequent | ||||||
| 2 | violation of subsection (a), and found to have failed to pay | ||||||
| 3 | all fines and costs within 30 days of the last judgment, | ||||||
| 4 | commits a separate civil law violation. The State may proceed | ||||||
| 5 | with collections in accordance with the law against a person | ||||||
| 6 | who is guilty under this Act but has failed to pay all fines | ||||||
| 7 | and costs. | ||||||
| 8 | Section 35. Vehicle rental or leasing company's | ||||||
| 9 | identification of a renter or lessee. | ||||||
| 10 | (a) A civil law violation issued under this Act to a motor | ||||||
| 11 | vehicle rental or leasing company shall be dismissed with | ||||||
| 12 | respect to the rental or leasing company if: | ||||||
| 13 | (1) the company responds to the civil law violation by | ||||||
| 14 | submitting, within 30 days of the mailing of the citation, | ||||||
| 15 | an affidavit of non-liability stating that, at the time of | ||||||
| 16 | the alleged speeding or other traffic violation, the | ||||||
| 17 | vehicle was in the custody and control of a renter or | ||||||
| 18 | lessee under the terms of a rental agreement or lease; and | ||||||
| 19 | (2) the company provides the driver's license number, | ||||||
| 20 | name, and address of the renter or lessee. | ||||||
| 21 | (b) A civil law violation dismissed with respect to a | ||||||
| 22 | motor vehicle rental or leasing company in accordance with | ||||||
| 23 | subsection (a) may then be issued and delivered by mail or | ||||||
| 24 | other means to the renter or lessee identified in the | ||||||
| 25 | affidavit of non-liability. | ||||||
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| 1 | Section 40. Procurement. The Department of Transportation | ||||||
| 2 | may procure such as is necessary to implement and administer | ||||||
| 3 | this Act. | ||||||
| 4 | Section 45. Rulemaking. The Department of Transportation | ||||||
| 5 | shall adopt rules to implement and administer this Act. | ||||||
| 6 | Section 900. The Freedom of Information Act is amended by | ||||||
| 7 | changing Section 7.5 as follows: | ||||||
| 8 | (5 ILCS 140/7.5) | ||||||
| 9 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
| 10 | by the statutes referenced below, the following shall be | ||||||
| 11 | exempt from inspection and copying: | ||||||
| 12 | (a) All information determined to be confidential | ||||||
| 13 | under Section 4002 of the Technology Advancement and | ||||||
| 14 | Development Act. | ||||||
| 15 | (b) Library circulation and order records identifying | ||||||
| 16 | library users with specific materials under the Library | ||||||
| 17 | Records Confidentiality Act. | ||||||
| 18 | (c) Applications, related documents, and medical | ||||||
| 19 | records received by the Experimental Organ Transplantation | ||||||
| 20 | Procedures Board and any and all documents or other | ||||||
| 21 | records prepared by the Experimental Organ Transplantation | ||||||
| 22 | Procedures Board or its staff relating to applications it | ||||||
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| 1 | has received. | ||||||
| 2 | (d) Information and records held by the Department of | ||||||
| 3 | Public Health and its authorized representatives relating | ||||||
| 4 | to known or suspected cases of sexually transmitted | ||||||
| 5 | infection or any information the disclosure of which is | ||||||
| 6 | restricted under the Illinois Sexually Transmitted | ||||||
| 7 | Infection Control Act. | ||||||
| 8 | (e) Information the disclosure of which is exempted | ||||||
| 9 | under Section 30 of the Radon Industry Licensing Act. | ||||||
| 10 | (f) Firm performance evaluations under Section 55 of | ||||||
| 11 | the Architectural, Engineering, and Land Surveying | ||||||
| 12 | Qualifications Based Selection Act. | ||||||
| 13 | (g) Information the disclosure of which is restricted | ||||||
| 14 | and exempted under Section 50 of the Illinois Prepaid | ||||||
| 15 | Tuition Act. | ||||||
| 16 | (h) Information the disclosure of which is exempted | ||||||
| 17 | under the State Officials and Employees Ethics Act, and | ||||||
| 18 | records of any lawfully created State or local inspector | ||||||
| 19 | general's office that would be exempt if created or | ||||||
| 20 | obtained by an Executive Inspector General's office under | ||||||
| 21 | that Act. | ||||||
| 22 | (i) Information contained in a local emergency energy | ||||||
| 23 | plan submitted to a municipality in accordance with a | ||||||
| 24 | local emergency energy plan ordinance that is adopted | ||||||
| 25 | under Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
| 26 | (j) Information and data concerning the distribution | ||||||
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| 1 | of surcharge moneys collected and remitted by carriers | ||||||
| 2 | under the Emergency Telephone System Act. | ||||||
| 3 | (k) Law enforcement officer identification information | ||||||
| 4 | or driver identification information compiled by a law | ||||||
| 5 | enforcement agency or the Department of Transportation | ||||||
| 6 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
| 7 | (l) Records and information provided to a residential | ||||||
| 8 | health care facility resident sexual assault and death | ||||||
| 9 | review team or the Executive Council under the Abuse | ||||||
| 10 | Prevention Review Team Act. | ||||||
| 11 | (m) Information provided to the predatory lending | ||||||
| 12 | database created pursuant to Article 3 of the Residential | ||||||
| 13 | Real Property Disclosure Act, except to the extent | ||||||
| 14 | authorized under that Article. | ||||||
| 15 | (n) Defense budgets and petitions for certification of | ||||||
| 16 | compensation and expenses for court appointed trial | ||||||
| 17 | counsel as provided under Sections 10 and 15 of the | ||||||
| 18 | Capital Crimes Litigation Act (repealed). This subsection | ||||||
| 19 | (n) shall apply until the conclusion of the trial of the | ||||||
| 20 | case, even if the prosecution chooses not to pursue the | ||||||
| 21 | death penalty prior to trial or sentencing. | ||||||
| 22 | (o) Information that is prohibited from being | ||||||
| 23 | disclosed under Section 4 of the Illinois Health and | ||||||
| 24 | Hazardous Substances Registry Act. | ||||||
| 25 | (p) Security portions of system safety program plans, | ||||||
| 26 | investigation reports, surveys, schedules, lists, data, or | ||||||
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| 1 | information compiled, collected, or prepared by or for the | ||||||
| 2 | Department of Transportation under Sections 2705-300 and | ||||||
| 3 | 2705-616 of the Department of Transportation Law of the | ||||||
| 4 | Civil Administrative Code of Illinois, the Regional | ||||||
| 5 | Transportation Authority under Section 2.11 of the | ||||||
| 6 | Regional Transportation Authority Act, or the St. Clair | ||||||
| 7 | County Transit District under the Bi-State Transit Safety | ||||||
| 8 | Act (repealed). | ||||||
| 9 | (q) Information prohibited from being disclosed by the | ||||||
| 10 | Personnel Record Review Act. | ||||||
| 11 | (r) Information prohibited from being disclosed by the | ||||||
| 12 | Illinois School Student Records Act. | ||||||
| 13 | (s) Information the disclosure of which is restricted | ||||||
| 14 | under Section 5-108 of the Public Utilities Act. | ||||||
| 15 | (t) (Blank). | ||||||
| 16 | (u) Records and information provided to an independent | ||||||
| 17 | team of experts under the Developmental Disability and | ||||||
| 18 | Mental Health Safety Act (also known as Brian's Law). | ||||||
| 19 | (v) Names and information of people who have applied | ||||||
| 20 | for or received Firearm Owner's Identification Cards under | ||||||
| 21 | the Firearm Owners Identification Card Act or applied for | ||||||
| 22 | or received a concealed carry license under the Firearm | ||||||
| 23 | Concealed Carry Act, unless otherwise authorized by the | ||||||
| 24 | Firearm Concealed Carry Act; and databases under the | ||||||
| 25 | Firearm Concealed Carry Act, records of the Concealed | ||||||
| 26 | Carry Licensing Review Board under the Firearm Concealed | ||||||
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| 1 | Carry Act, and law enforcement agency objections under the | ||||||
| 2 | Firearm Concealed Carry Act. | ||||||
| 3 | (v-5) Records of the Firearm Owner's Identification | ||||||
| 4 | Card Review Board that are exempted from disclosure under | ||||||
| 5 | Section 10 of the Firearm Owners Identification Card Act. | ||||||
| 6 | (w) Personally identifiable information which is | ||||||
| 7 | exempted from disclosure under subsection (g) of Section | ||||||
| 8 | 19.1 of the Toll Highway Act. | ||||||
| 9 | (x) Information which is exempted from disclosure | ||||||
| 10 | under Section 5-1014.3 of the Counties Code or Section | ||||||
| 11 | 8-11-21 of the Illinois Municipal Code. | ||||||
| 12 | (y) Confidential information under the Adult | ||||||
| 13 | Protective Services Act and its predecessor enabling | ||||||
| 14 | statute, the Elder Abuse and Neglect Act, including | ||||||
| 15 | information about the identity and administrative finding | ||||||
| 16 | against any caregiver of a verified and substantiated | ||||||
| 17 | decision of abuse, neglect, or financial exploitation of | ||||||
| 18 | an eligible adult maintained in the Registry established | ||||||
| 19 | under Section 7.5 of the Adult Protective Services Act. | ||||||
| 20 | (z) Records and information provided to a fatality | ||||||
| 21 | review team or the Illinois Fatality Review Team Advisory | ||||||
| 22 | Council under Section 15 of the Adult Protective Services | ||||||
| 23 | Act. | ||||||
| 24 | (aa) Information which is exempted from disclosure | ||||||
| 25 | under Section 2.37 of the Wildlife Code. | ||||||
| 26 | (bb) Information which is or was prohibited from | ||||||
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| 1 | disclosure by the Juvenile Court Act of 1987. | ||||||
| 2 | (cc) Recordings made under the Law Enforcement | ||||||
| 3 | Officer-Worn Body Camera Act, except to the extent | ||||||
| 4 | authorized under that Act. | ||||||
| 5 | (dd) Information that is prohibited from being | ||||||
| 6 | disclosed under Section 45 of the Condominium and Common | ||||||
| 7 | Interest Community Ombudsperson Act. | ||||||
| 8 | (ee) Information that is exempted from disclosure | ||||||
| 9 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
| 10 | (ff) Information that is exempted from disclosure | ||||||
| 11 | under the Revised Uniform Unclaimed Property Act. | ||||||
| 12 | (gg) Information that is prohibited from being | ||||||
| 13 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
| 14 | Code. | ||||||
| 15 | (hh) Records that are exempt from disclosure under | ||||||
| 16 | Section 1A-16.7 of the Election Code. | ||||||
| 17 | (ii) Information which is exempted from disclosure | ||||||
| 18 | under Section 2505-800 of the Department of Revenue Law of | ||||||
| 19 | the Civil Administrative Code of Illinois. | ||||||
| 20 | (jj) Information and reports that are required to be | ||||||
| 21 | submitted to the Department of Labor by registering day | ||||||
| 22 | and temporary labor service agencies but are exempt from | ||||||
| 23 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
| 24 | and Temporary Labor Services Act. | ||||||
| 25 | (kk) Information prohibited from disclosure under the | ||||||
| 26 | Seizure and Forfeiture Reporting Act. | ||||||
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| 1 | (ll) Information the disclosure of which is restricted | ||||||
| 2 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
| 3 | Aid Code. | ||||||
| 4 | (mm) Records that are exempt from disclosure under | ||||||
| 5 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
| 6 | (nn) Information that is exempt from disclosure under | ||||||
| 7 | Section 70 of the Higher Education Student Assistance Act. | ||||||
| 8 | (oo) Communications, notes, records, and reports | ||||||
| 9 | arising out of a peer support counseling session | ||||||
| 10 | prohibited from disclosure under the First Responders | ||||||
| 11 | Suicide Prevention Act. | ||||||
| 12 | (pp) Names and all identifying information relating to | ||||||
| 13 | an employee of an emergency services provider or law | ||||||
| 14 | enforcement agency under the First Responders Suicide | ||||||
| 15 | Prevention Act. | ||||||
| 16 | (qq) Information and records held by the Department of | ||||||
| 17 | Public Health and its authorized representatives collected | ||||||
| 18 | under the Reproductive Health Act. | ||||||
| 19 | (rr) Information that is exempt from disclosure under | ||||||
| 20 | the Cannabis Regulation and Tax Act. | ||||||
| 21 | (ss) Data reported by an employer to the Department of | ||||||
| 22 | Human Rights pursuant to Section 2-108 of the Illinois | ||||||
| 23 | Human Rights Act. | ||||||
| 24 | (tt) Recordings made under the Children's Advocacy | ||||||
| 25 | Center Act, except to the extent authorized under that | ||||||
| 26 | Act. | ||||||
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| 1 | (uu) Information that is exempt from disclosure under | ||||||
| 2 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
| 3 | (vv) Information that is exempt from disclosure under | ||||||
| 4 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
| 5 | Public Aid Code. | ||||||
| 6 | (ww) Information that is exempt from disclosure under | ||||||
| 7 | Section 16.8 of the State Treasurer Act. | ||||||
| 8 | (xx) Information that is exempt from disclosure or | ||||||
| 9 | information that shall not be made public under the | ||||||
| 10 | Illinois Insurance Code. | ||||||
| 11 | (yy) Information prohibited from being disclosed under | ||||||
| 12 | the Illinois Educational Labor Relations Act. | ||||||
| 13 | (zz) Information prohibited from being disclosed under | ||||||
| 14 | the Illinois Public Labor Relations Act. | ||||||
| 15 | (aaa) Information prohibited from being disclosed | ||||||
| 16 | under Section 1-167 of the Illinois Pension Code. | ||||||
| 17 | (bbb) Information that is prohibited from disclosure | ||||||
| 18 | by the Illinois Police Training Act and the Illinois State | ||||||
| 19 | Police Act. | ||||||
| 20 | (ccc) Records exempt from disclosure under Section | ||||||
| 21 | 2605-304 of the Illinois State Police Law of the Civil | ||||||
| 22 | Administrative Code of Illinois. | ||||||
| 23 | (ddd) Information prohibited from being disclosed | ||||||
| 24 | under Section 35 of the Address Confidentiality for | ||||||
| 25 | Victims of Domestic Violence, Sexual Assault, Human | ||||||
| 26 | Trafficking, or Stalking Act. | ||||||
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| 1 | (eee) Information prohibited from being disclosed | ||||||
| 2 | under subsection (b) of Section 75 of the Domestic | ||||||
| 3 | Violence Fatality Review Act. | ||||||
| 4 | (fff) Images from cameras under the Expressway Camera | ||||||
| 5 | Act. This subsection (fff) is inoperative on and after | ||||||
| 6 | July 1, 2025. | ||||||
| 7 | (ggg) Information prohibited from disclosure under | ||||||
| 8 | paragraph (3) of subsection (a) of Section 14 of the Nurse | ||||||
| 9 | Agency Licensing Act. | ||||||
| 10 | (hhh) Information submitted to the Illinois State | ||||||
| 11 | Police in an affidavit or application for an assault | ||||||
| 12 | weapon endorsement, assault weapon attachment endorsement, | ||||||
| 13 | .50 caliber rifle endorsement, or .50 caliber cartridge | ||||||
| 14 | endorsement under the Firearm Owners Identification Card | ||||||
| 15 | Act. | ||||||
| 16 | (iii) Data exempt from disclosure under Section 50 of | ||||||
| 17 | the School Safety Drill Act. | ||||||
| 18 | (jjj) Information exempt from disclosure under Section | ||||||
| 19 | 30 of the Insurance Data Security Law. | ||||||
| 20 | (kkk) Confidential business information prohibited | ||||||
| 21 | from disclosure under Section 45 of the Paint Stewardship | ||||||
| 22 | Act. | ||||||
| 23 | (lll) Data exempt from disclosure under Section | ||||||
| 24 | 2-3.196 of the School Code. | ||||||
| 25 | (mmm) Information prohibited from being disclosed | ||||||
| 26 | under subsection (e) of Section 1-129 of the Illinois | ||||||
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| 1 | Power Agency Act. | ||||||
| 2 | (nnn) Materials received by the Department of Commerce | ||||||
| 3 | and Economic Opportunity that are confidential under the | ||||||
| 4 | Music and Musicians Tax Credit and Jobs Act. | ||||||
| 5 | (ooo) (nnn) Data or information provided pursuant to | ||||||
| 6 | Section 20 of the Statewide Recycling Needs and Assessment | ||||||
| 7 | Act. | ||||||
| 8 | (ppp) (nnn) Information that is exempt from disclosure | ||||||
| 9 | under Section 28-11 of the Lawful Health Care Activity | ||||||
| 10 | Act. | ||||||
| 11 | (qqq) (nnn) Information that is exempt from disclosure | ||||||
| 12 | under Section 7-101 of the Illinois Human Rights Act. | ||||||
| 13 | (rrr) (mmm) Information prohibited from being | ||||||
| 14 | disclosed under Section 4-2 of the Uniform Money | ||||||
| 15 | Transmission Modernization Act. | ||||||
| 16 | (sss) (nnn) Information exempt from disclosure under | ||||||
| 17 | Section 40 of the Student-Athlete Endorsement Rights Act. | ||||||
| 18 | (ttt) Information prohibited from being disclosed | ||||||
| 19 | under subsection (g) of Section 25 of the Highway Work | ||||||
| 20 | Zone Safety Act. | ||||||
| 21 | (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; | ||||||
| 22 | 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. | ||||||
| 23 | 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; | ||||||
| 24 | 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. | ||||||
| 25 | 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, | ||||||
| 26 | eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; | ||||||
| |||||||
| |||||||
| 1 | 103-580, eff. 12-8-23; 103-592, eff. 6-7-24; 103-605, eff. | ||||||
| 2 | 7-1-24; 103-636, eff. 7-1-24; 103-724, eff. 1-1-25; 103-786, | ||||||
| 3 | eff. 8-7-24; 103-859, eff. 8-9-24; 103-991, eff. 8-9-24; | ||||||
| 4 | 103-1049, eff. 8-9-24; revised 11-26-24.) | ||||||
| 5 | Section 905. The Illinois Vehicle Code is amended by | ||||||
| 6 | changing Sections 3-400, 11-605.1, 11-612, and 12-502 as | ||||||
| 7 | follows: | ||||||
| 8 | (625 ILCS 5/3-400) (from Ch. 95 1/2, par. 3-400) | ||||||
| 9 | Sec. 3-400. Definitions. Notwithstanding the definitions | ||||||
| 10 | set forth in Chapter 1 of this Act, for the purposes of this | ||||||
| 11 | Article, the following words shall have the meaning ascribed | ||||||
| 12 | to them as follows: | ||||||
| 13 | "Apportionable Fee" means any periodic recurring fee | ||||||
| 14 | required for licensing or registering vehicles, such as, but | ||||||
| 15 | not limited to, registration fees, license or weight fees. | ||||||
| 16 | "Apportionable Vehicle" means any vehicle, except | ||||||
| 17 | recreational vehicles, vehicles displaying restricted plates, | ||||||
| 18 | city pickup and delivery vehicles, buses used in | ||||||
| 19 | transportation of chartered parties, and government owned | ||||||
| 20 | vehicles that are used or intended for use in 2 or more member | ||||||
| 21 | jurisdictions that allocate or proportionally register | ||||||
| 22 | vehicles, in a fleet which is used for the transportation of | ||||||
| 23 | persons for hire or the transportation of property and which | ||||||
| 24 | has a gross vehicle weight in excess of 26,000 pounds; or has | ||||||
| |||||||
| |||||||
| 1 | three or more axles regardless of weight; or is used in | ||||||
| 2 | combination when the weight of such combination exceeds 26,000 | ||||||
| 3 | pounds gross vehicle weight. Vehicles, or combinations having | ||||||
| 4 | a gross vehicle weight of 26,000 pounds or less and two-axle | ||||||
| 5 | vehicles may be proportionally registered at the option of | ||||||
| 6 | such owner. | ||||||
| 7 | "Base Jurisdiction" means, for purposes of fleet | ||||||
| 8 | registration, the jurisdiction where the registrant has an | ||||||
| 9 | established place of business, where operational records of | ||||||
| 10 | the fleet are maintained and where mileage is accrued by the | ||||||
| 11 | fleet. In case a registrant operates more than one fleet, and | ||||||
| 12 | maintains records for each fleet in different places, the | ||||||
| 13 | "base jurisdiction" for a fleet shall be the jurisdiction | ||||||
| 14 | where an established place of business is maintained, where | ||||||
| 15 | records of the operation of that fleet are maintained and | ||||||
| 16 | where mileage is accrued by that fleet. | ||||||
| 17 | "Operational Records" means documents supporting miles | ||||||
| 18 | traveled in each jurisdiction and total miles traveled, such | ||||||
| 19 | as fuel reports, trip leases, and logs. | ||||||
| 20 | "Owner" means a person who holds legal title of a motor | ||||||
| 21 | vehicle, or in the event a motor vehicle is the subject of an | ||||||
| 22 | agreement for the conditional sale or lease thereof with the | ||||||
| 23 | right of purchase upon performance of the conditions stated in | ||||||
| 24 | the agreement and with an immediate right of possession vested | ||||||
| 25 | in the conditional vendee or lessee with right of purchase, or | ||||||
| 26 | in the event a mortgagor of such motor vehicle is entitled to | ||||||
| |||||||
| |||||||
| 1 | possession, or in the event a lessee of such motor vehicle is | ||||||
| 2 | entitled to possession or control, then such conditional | ||||||
| 3 | vendee or lessee with right of purchase or mortgagor or lessee | ||||||
| 4 | is considered to be the owner for the purpose of this Act. | ||||||
| 5 | "Registration plate or digital registration plate cover" | ||||||
| 6 | means any tinted, colored, painted, marked, clear, or | ||||||
| 7 | illuminated object that is designed to (i) cover any of the | ||||||
| 8 | characters of a motor vehicle's registration plate or digital | ||||||
| 9 | registration plate; or (ii) distort a recorded image of any of | ||||||
| 10 | the characters of a motor vehicle's registration plate or | ||||||
| 11 | digital registration plate recorded by an automated | ||||||
| 12 | enforcement system as defined in Section 11-208.6, 11-208.8, | ||||||
| 13 | or 11-1201.1 of this Code or recorded by an automated traffic | ||||||
| 14 | control system as defined in Section 5 of the Highway Work Zone | ||||||
| 15 | Safety Act. 15 of the Automated Traffic Control Systems in | ||||||
| 16 | Highway Construction or Maintenance Zones Act. | ||||||
| 17 | "Rental Owner" means an owner principally engaged, with | ||||||
| 18 | respect to one or more rental fleets, in renting to others or | ||||||
| 19 | offering for rental the vehicles of such fleets, without | ||||||
| 20 | drivers. | ||||||
| 21 | "Restricted Plates" shall include, but is not limited to, | ||||||
| 22 | dealer, manufacturer, transporter, farm, repossessor, and | ||||||
| 23 | permanently mounted type plates. Vehicles displaying any of | ||||||
| 24 | these type plates from a foreign jurisdiction that is a member | ||||||
| 25 | of the International Registration Plan shall be granted | ||||||
| 26 | reciprocity but shall be subject to the same limitations as | ||||||
| |||||||
| |||||||
| 1 | similar 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 | ||||||
| 5 | highway construction or maintenance speed zone. | ||||||
| 6 | (a) A person may not operate a motor vehicle in a | ||||||
| 7 | construction or maintenance speed zone at a speed in excess of | ||||||
| 8 | the posted speed limit when workers are present. | ||||||
| 9 | (a-5) A person may not operate a motor vehicle in a | ||||||
| 10 | construction or maintenance speed zone at a speed in excess of | ||||||
| 11 | the posted speed limit when workers are not present. | ||||||
| 12 | (b) Nothing in this Chapter prohibits the use of | ||||||
| 13 | electronic speed-detecting devices within 500 feet of signs | ||||||
| 14 | within a construction or maintenance speed zone indicating the | ||||||
| 15 | zone, as defined in this Section, nor shall evidence obtained | ||||||
| 16 | by use of those devices be inadmissible in any prosecution for | ||||||
| 17 | speeding, provided the use of the device shall apply only to | ||||||
| 18 | the enforcement of the speed limit in the construction or | ||||||
| 19 | maintenance speed zone. | ||||||
| 20 | (c) As used in this Section, a "construction or | ||||||
| 21 | maintenance speed zone" is an area in which the Department, | ||||||
| 22 | Toll Highway Authority, or local agency has posted signage | ||||||
| 23 | advising drivers that a construction or maintenance speed zone | ||||||
| 24 | is being approached, or in which the Department, Authority, or | ||||||
| 25 | local agency has posted a lower speed limit with a highway | ||||||
| |||||||
| |||||||
| 1 | construction or maintenance speed zone special speed limit | ||||||
| 2 | sign after determining that the preexisting established speed | ||||||
| 3 | limit through a highway construction or maintenance project is | ||||||
| 4 | greater than is reasonable or safe with respect to the | ||||||
| 5 | conditions expected to exist in the construction or | ||||||
| 6 | maintenance speed zone. | ||||||
| 7 | If it is determined that the preexisting established speed | ||||||
| 8 | limit is safe with respect to the conditions expected to exist | ||||||
| 9 | in the construction or maintenance speed zone, additional | ||||||
| 10 | speed limit signs which conform to the requirements of this | ||||||
| 11 | subsection (c) shall be posted. | ||||||
| 12 | Highway construction or maintenance speed zone special | ||||||
| 13 | speed limit signs shall be of a design approved by the | ||||||
| 14 | Department. The signs must give proper due warning that a | ||||||
| 15 | construction or maintenance speed zone is being approached and | ||||||
| 16 | must indicate the maximum speed limit in effect. The signs | ||||||
| 17 | also must state that higher fines apply the amount of the | ||||||
| 18 | minimum fine for a violation. | ||||||
| 19 | (d) Except as provided under subsection (d-5), a person | ||||||
| 20 | who violates this Section is guilty of a petty offense. | ||||||
| 21 | Violations of this Section are punishable with a minimum fine | ||||||
| 22 | of $250 for the first violation and a minimum fine of $750 for | ||||||
| 23 | the second or subsequent violation. | ||||||
| 24 | (d-5) A person committing a violation of this Section is | ||||||
| 25 | guilty of aggravated special speed limit while traveling | ||||||
| 26 | through a highway construction or maintenance speed zone when | ||||||
| |||||||
| |||||||
| 1 | he 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 | ||||||
| 12 | police department have concurrent jurisdiction over any | ||||||
| 13 | violation of this Section that occurs on an interstate | ||||||
| 14 | highway. | ||||||
| 15 | (f) The Transportation Safety Highway Hire-back Fund, | ||||||
| 16 | which was created by Public Act 92-619, shall continue to be a | ||||||
| 17 | special fund in the State treasury. Subject to appropriation | ||||||
| 18 | by the General Assembly and approval by the Secretary, the | ||||||
| 19 | Secretary of Transportation shall use all moneys in the | ||||||
| 20 | Transportation Safety Highway Hire-back Fund to hire off-duty | ||||||
| 21 | Illinois State Police officers to monitor construction or | ||||||
| 22 | maintenance zones. | ||||||
| 23 | (f-5) Each county shall create a Transportation Safety | ||||||
| 24 | Highway Hire-back Fund. The county shall use the moneys in its | ||||||
| 25 | Transportation Safety Highway Hire-back Fund to hire off-duty | ||||||
| 26 | county police officers to monitor construction or maintenance | ||||||
| |||||||
| |||||||
| 1 | zones in that county on highways other than interstate | ||||||
| 2 | highways. The county, in its discretion, may also use a | ||||||
| 3 | portion of the moneys in its Transportation Safety Highway | ||||||
| 4 | Hire-back Fund to purchase equipment for county law | ||||||
| 5 | enforcement and fund the production of materials to educate | ||||||
| 6 | drivers on construction zone safe driving habits. | ||||||
| 7 | (g) For a second or subsequent violation of this Section | ||||||
| 8 | within 2 years of the date of the previous violation, the | ||||||
| 9 | Secretary of State shall suspend the driver's license of the | ||||||
| 10 | violator for a period of 90 days. This suspension shall only be | ||||||
| 11 | imposed if the current violation of this Section and at least | ||||||
| 12 | one prior violation of this Section occurred during a period | ||||||
| 13 | when workers were present in the construction or maintenance | ||||||
| 14 | zone. | ||||||
| 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 | ||||||
| 18 | prohibited. Except as authorized in the Highway Work Zone | ||||||
| 19 | Safety Act Automated Traffic Control Systems in Highway | ||||||
| 20 | Construction or Maintenance Zones Act and Section 11-208.8 of | ||||||
| 21 | this Code, no photographic, video, or other imaging system may | ||||||
| 22 | be used in this State to record vehicle speeds for the purpose | ||||||
| 23 | of enforcing any law or ordinance regarding a maximum or | ||||||
| 24 | minimum speed limit unless a law enforcement officer is | ||||||
| 25 | present at the scene and witnesses the event. No State or local | ||||||
| |||||||
| |||||||
| 1 | governmental entity, including a home rule county or | ||||||
| 2 | municipality, may use such a system in a way that is prohibited | ||||||
| 3 | by this Section. The regulation of the use of such systems is | ||||||
| 4 | an exclusive power and function of the State. This Section is a | ||||||
| 5 | denial and limitation of home rule powers and functions under | ||||||
| 6 | subsection (h) of Section 6 of Article VII of the Illinois | ||||||
| 7 | Constitution. | ||||||
| 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 | ||||||
| 12 | another vehicle, shall be equipped with a mirror so located as | ||||||
| 13 | to reflect to the driver a view of the highway for a distance | ||||||
| 14 | of at least 200 feet to the rear of such motor vehicle. | ||||||
| 15 | (b) A public transit agency may use an electronic | ||||||
| 16 | rear-view monitoring system on commercial motor vehicles owned | ||||||
| 17 | by the agency as an alternative to the requirements of this | ||||||
| 18 | Section and the mirror requirements of 49 CFR 393.80 so long as | ||||||
| 19 | an exemption to 49 CFR 393.80 granted by the Federal Motor | ||||||
| 20 | Carrier 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 | ||||||
| 24 | Highway Construction or Maintenance Zones Act is repealed. | ||||||
| |||||||
| |||||||
| 1 | Section 999. Effective date. This Act takes effect upon | ||||||
| 2 | becoming law, except that Section 910 takes effect January 1, | ||||||
| 3 | 2027. | ||||||
