Public Act 104-0018
 
HB3339 EnrolledLRB104 11411 LNS 21499 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. The Freedom of Information Act is amended by 
changing Section 7.5 as follows:
 
    (5 ILCS 140/7.5)
    Sec. 7.5. Statutory exemptions. To the extent provided for 
by the statutes referenced below, the following shall be 
exempt from inspection and copying:
        (a) All information determined to be confidential 
    under Section 4002 of the Technology Advancement and 
    Development Act.
        (b) Library circulation and order records identifying 
    library users with specific materials under the Library 
    Records Confidentiality Act.
        (c) Applications, related documents, and medical 
    records received by the Experimental Organ Transplantation 
    Procedures Board and any and all documents or other 
    records prepared by the Experimental Organ Transplantation 
    Procedures Board or its staff relating to applications it 
    has received.
        (d) Information and records held by the Department of 
    Public Health and its authorized representatives relating 
    to known or suspected cases of sexually transmitted 
    infection or any information the disclosure of which is 
    restricted under the Illinois Sexually Transmitted 
    Infection Control Act.
        (e) Information the disclosure of which is exempted 
    under Section 30 of the Radon Industry Licensing Act.
        (f) Firm performance evaluations under Section 55 of 
    the Architectural, Engineering, and Land Surveying 
    Qualifications Based Selection Act.
        (g) Information the disclosure of which is restricted 
    and exempted under Section 50 of the Illinois Prepaid 
    Tuition Act.
        (h) Information the disclosure of which is exempted 
    under the State Officials and Employees Ethics Act, and 
    records of any lawfully created State or local inspector 
    general's office that would be exempt if created or 
    obtained by an Executive Inspector General's office under 
    that Act.
        (i) Information contained in a local emergency energy 
    plan submitted to a municipality in accordance with a 
    local emergency energy plan ordinance that is adopted 
    under Section 11-21.5-5 of the Illinois Municipal Code.
        (j) Information and data concerning the distribution 
    of surcharge moneys collected and remitted by carriers 
    under the Emergency Telephone System Act.
        (k) Law enforcement officer identification information 
    or driver identification information compiled by a law 
    enforcement agency or the Department of Transportation 
    under Section 11-212 of the Illinois Vehicle Code.
        (l) Records and information provided to a residential 
    health care facility resident sexual assault and death 
    review team or the Executive Council under the Abuse 
    Prevention Review Team Act.
        (m) Information provided to the predatory lending 
    database created pursuant to Article 3 of the Residential 
    Real Property Disclosure Act, except to the extent 
    authorized under that Article.
        (n) Defense budgets and petitions for certification of 
    compensation and expenses for court appointed trial 
    counsel as provided under Sections 10 and 15 of the 
    Capital Crimes Litigation Act (repealed). This subsection 
    (n) shall apply until the conclusion of the trial of the 
    case, even if the prosecution chooses not to pursue the 
    death penalty prior to trial or sentencing.
        (o) Information that is prohibited from being 
    disclosed under Section 4 of the Illinois Health and 
    Hazardous Substances Registry Act.
        (p) Security portions of system safety program plans, 
    investigation reports, surveys, schedules, lists, data, or 
    information compiled, collected, or prepared by or for the 
    Department of Transportation under Sections 2705-300 and 
    2705-616 of the Department of Transportation Law of the 
    Civil Administrative Code of Illinois, the Regional 
    Transportation Authority under Section 2.11 of the 
    Regional Transportation Authority Act, or the St. Clair 
    County Transit District under the Bi-State Transit Safety 
    Act (repealed). 
        (q) Information prohibited from being disclosed by the 
    Personnel Record Review Act. 
        (r) Information prohibited from being disclosed by the 
    Illinois School Student Records Act. 
        (s) Information the disclosure of which is restricted 
    under Section 5-108 of the Public Utilities Act. 
        (t) (Blank). 
        (u) Records and information provided to an independent 
    team of experts under the Developmental Disability and 
    Mental Health Safety Act (also known as Brian's Law). 
        (v) Names and information of people who have applied 
    for or received Firearm Owner's Identification Cards under 
    the Firearm Owners Identification Card Act or applied for 
    or received a concealed carry license under the Firearm 
    Concealed Carry Act, unless otherwise authorized by the 
    Firearm Concealed Carry Act; and databases under the 
    Firearm Concealed Carry Act, records of the Concealed 
    Carry Licensing Review Board under the Firearm Concealed 
    Carry Act, and law enforcement agency objections under the 
    Firearm Concealed Carry Act. 
        (v-5) Records of the Firearm Owner's Identification 
    Card Review Board that are exempted from disclosure under 
    Section 10 of the Firearm Owners Identification Card Act.
        (w) Personally identifiable information which is 
    exempted from disclosure under subsection (g) of Section 
    19.1 of the Toll Highway Act.
        (x) Information which is exempted from disclosure 
    under Section 5-1014.3 of the Counties Code or Section 
    8-11-21 of the Illinois Municipal Code. 
        (y) Confidential information under the Adult 
    Protective Services Act and its predecessor enabling 
    statute, the Elder Abuse and Neglect Act, including 
    information about the identity and administrative finding 
    against any caregiver of a verified and substantiated 
    decision of abuse, neglect, or financial exploitation of 
    an eligible adult maintained in the Registry established 
    under Section 7.5 of the Adult Protective Services Act. 
        (z) Records and information provided to a fatality 
    review team or the Illinois Fatality Review Team Advisory 
    Council under Section 15 of the Adult Protective Services 
    Act. 
        (aa) Information which is exempted from disclosure 
    under Section 2.37 of the Wildlife Code. 
        (bb) Information which is or was prohibited from 
    disclosure by the Juvenile Court Act of 1987. 
        (cc) Recordings made under the Law Enforcement 
    Officer-Worn Body Camera Act, except to the extent 
    authorized under that Act.
        (dd) Information that is prohibited from being 
    disclosed under Section 45 of the Condominium and Common 
    Interest Community Ombudsperson Act. 
        (ee) Information that is exempted from disclosure 
    under Section 30.1 of the Pharmacy Practice Act. 
        (ff) Information that is exempted from disclosure 
    under the Revised Uniform Unclaimed Property Act. 
        (gg) Information that is prohibited from being 
    disclosed under Section 7-603.5 of the Illinois Vehicle 
    Code. 
        (hh) Records that are exempt from disclosure under 
    Section 1A-16.7 of the Election Code. 
        (ii) Information which is exempted from disclosure 
    under Section 2505-800 of the Department of Revenue Law of 
    the Civil Administrative Code of Illinois. 
        (jj) Information and reports that are required to be 
    submitted to the Department of Labor by registering day 
    and temporary labor service agencies but are exempt from 
    disclosure under subsection (a-1) of Section 45 of the Day 
    and Temporary Labor Services Act. 
        (kk) Information prohibited from disclosure under the 
    Seizure and Forfeiture Reporting Act. 
        (ll) Information the disclosure of which is restricted 
    and exempted under Section 5-30.8 of the Illinois Public 
    Aid Code. 
        (mm) Records that are exempt from disclosure under 
    Section 4.2 of the Crime Victims Compensation Act. 
        (nn) Information that is exempt from disclosure under 
    Section 70 of the Higher Education Student Assistance Act. 
        (oo) Communications, notes, records, and reports 
    arising out of a peer support counseling session 
    prohibited from disclosure under the First Responders 
    Suicide Prevention Act. 
        (pp) Names and all identifying information relating to 
    an employee of an emergency services provider or law 
    enforcement agency under the First Responders Suicide 
    Prevention Act. 
        (qq) Information and records held by the Department of 
    Public Health and its authorized representatives collected 
    under the Reproductive Health Act. 
        (rr) Information that is exempt from disclosure under 
    the Cannabis Regulation and Tax Act. 
        (ss) Data reported by an employer to the Department of 
    Human Rights pursuant to Section 2-108 of the Illinois 
    Human Rights Act.
        (tt) Recordings made under the Children's Advocacy 
    Center Act, except to the extent authorized under that 
    Act. 
        (uu) Information that is exempt from disclosure under 
    Section 50 of the Sexual Assault Evidence Submission Act. 
        (vv) Information that is exempt from disclosure under 
    subsections (f) and (j) of Section 5-36 of the Illinois 
    Public Aid Code. 
        (ww) Information that is exempt from disclosure under 
    Section 16.8 of the State Treasurer Act. 
        (xx) Information that is exempt from disclosure or 
    information that shall not be made public under the 
    Illinois Insurance Code. 
        (yy) Information prohibited from being disclosed under 
    the Illinois Educational Labor Relations Act.
        (zz) Information prohibited from being disclosed under 
    the Illinois Public Labor Relations Act. 
        (aaa) Information prohibited from being disclosed 
    under Section 1-167 of the Illinois Pension Code. 
        (bbb) Information that is prohibited from disclosure 
    by the Illinois Police Training Act and the Illinois State 
    Police Act. 
        (ccc) Records exempt from disclosure under Section 
    2605-304 of the Illinois State Police Law of the Civil 
    Administrative Code of Illinois. 
        (ddd) Information prohibited from being disclosed 
    under Section 35 of the Address Confidentiality for 
    Victims of Domestic Violence, Sexual Assault, Human 
    Trafficking, or Stalking Act. 
        (eee) Information prohibited from being disclosed 
    under subsection (b) of Section 75 of the Domestic 
    Violence Fatality Review Act. 
        (fff) Images from cameras under the Expressway Camera 
    Act and all automated license plate reader (ALPR) 
    information used and collected by the Illinois State 
    Police. "ALPR information" means information gathered by 
    an ALPR or created from the analysis of data generated by 
    an ALPR. This subsection (fff) is inoperative on and after 
    July 1, 2028 2025. 
        (ggg) Information prohibited from disclosure under 
    paragraph (3) of subsection (a) of Section 14 of the Nurse 
    Agency Licensing Act. 
        (hhh) Information submitted to the Illinois State 
    Police in an affidavit or application for an assault 
    weapon endorsement, assault weapon attachment endorsement, 
    .50 caliber rifle endorsement, or .50 caliber cartridge 
    endorsement under the Firearm Owners Identification Card 
    Act. 
        (iii) Data exempt from disclosure under Section 50 of 
    the School Safety Drill Act. 
        (jjj) Information exempt from disclosure under Section 
    30 of the Insurance Data Security Law. 
        (kkk) Confidential business information prohibited 
    from disclosure under Section 45 of the Paint Stewardship 
    Act. 
        (lll) Data exempt from disclosure under Section 
    2-3.196 of the School Code. 
        (mmm) Information prohibited from being disclosed 
    under subsection (e) of Section 1-129 of the Illinois 
    Power Agency Act. 
        (nnn) Materials received by the Department of Commerce 
    and Economic Opportunity that are confidential under the 
    Music and Musicians Tax Credit and Jobs Act. 
        (ooo) (nnn) Data or information provided pursuant to 
    Section 20 of the Statewide Recycling Needs and Assessment 
    Act. 
        (ppp) (nnn) Information that is exempt from disclosure 
    under Section 28-11 of the Lawful Health Care Activity 
    Act. 
        (qqq) (nnn) Information that is exempt from disclosure 
    under Section 7-101 of the Illinois Human Rights Act. 
        (rrr) (mmm) Information prohibited from being 
    disclosed under Section 4-2 of the Uniform Money 
    Transmission Modernization Act. 
        (sss) (nnn) Information exempt from disclosure under 
    Section 40 of the Student-Athlete Endorsement Rights Act.
(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; 
102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. 
8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; 
102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. 
6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, 
eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; 
103-580, eff. 12-8-23; 103-592, eff. 6-7-24; 103-605, eff. 
7-1-24; 103-636, eff. 7-1-24; 103-724, eff. 1-1-25; 103-786, 
eff. 8-7-24; 103-859, eff. 8-9-24; 103-991, eff. 8-9-24; 
103-1049, eff. 8-9-24; revised 11-26-24.)
 
    Section 10. The Expressway Camera Act is amended by 
changing Sections 3, 5, and 90 and by adding Section 10 as 
follows:
 
    (605 ILCS 140/3)
    (Section scheduled to be repealed on July 1, 2025)
    Sec. 3. Definitions. As used in this Act:
    "Aggravated vehicular hijacking" has the meaning provided 
in Section 18-4 of the Criminal Code of 2012.
    "Authorized user" means a designated peace officer or 
member of law enforcement personnel who has received training 
in the review and use of images and associated technology. 
    "Expressway" has the meaning provided in Section 1-119.3 
of the Illinois Vehicle Code.
    "Forcible felony" means the following offenses as defined 
in the Criminal Code of 2012 or substantially similar federal 
or other state criminal laws: treason, first degree murder, 
second degree murder, predatory criminal sexual assault of a 
child, aggravated criminal sexual assault, criminal sexual 
assault, trafficking in persons, involuntary servitude, 
robbery, burglary, residential burglary, aggravated arson, 
arson, aggravated kidnaping, kidnaping, and aggravated battery 
resulting in great bodily harm or permanent disability or 
disfigurement. 
    "Terrorism" has the meaning provided in Section 29D-14.9 
of the Criminal Code of 2012. 
    "Vehicular hijacking" has the meaning provided in Section 
18-3 of the Criminal Code of 2012.
(Source: P.A. 102-1042, eff. 6-3-22.)
 
    (605 ILCS 140/5)
    (Section scheduled to be repealed on July 1, 2025)
    Sec. 5. Camera program. 
    (a) The Illinois State Police, the Illinois Department of 
Transportation, and the Illinois State Toll Highway Authority 
shall work together to conduct a program to increase the 
amount of cameras along (i) expressways and the State highway 
system in the counties of Boone, Bureau, Champaign, Cook, 
DeKalb, DuPage, Grundy, Henry, Kane, Kendall, Lake, LaSalle, 
Lee, Macon, Madison, McHenry, Morgan, Ogle, Peoria, Rock 
Island, Sangamon, St. Clair, Whiteside, Will, and Winnebago 
and (ii) Jean-Baptiste Pointe DuSable Lake Shore Drive in Cook 
County. Within 90 days after June 3, 2022 (the effective date 
of Public Act 102-1042), details about the program objectives, 
counties where the program is operational, and policies under 
which the program operates shall be made publicly available 
and posted online.
    (b) Images from the cameras, including, but not limited 
to, images of license plates collected by state-operated 
cameras and cameras operated by the Illinois State Toll 
Highway Authority, may be used by any law enforcement agency 
conducting an active law enforcement investigation subject to 
the limitations in this subsection. Images from the cameras 
may be extracted by any authorized user and used by any 
municipal police department, county sheriff's office, State 
Police officer, or other law enforcement agency with 
jurisdiction in the investigation of any offenses involving 
vehicular hijacking, aggravated vehicular hijacking, 
terrorism, motor vehicle theft, or any forcible felony, 
including, but not limited to, offenses involving the use of a 
firearm; to detect expressway hazards and highway conditions; 
and to facilitate highway safety and incident management. 
Images from the cameras shall not be used to enforce petty 
offenses or offenses not listed in this subsection, unless use 
of the images pertains to expressway or highway safety or 
hazards. Images from the cameras may be used by any law 
enforcement agency conducting an active law enforcement 
investigation. All images from the cameras that are exported 
through a law enforcement database shall be deleted from that 
law enforcement database within 120 days, unless the images 
are relevant to an ongoing investigation or pending criminal 
trial. Cameras shall not be used to monitor individuals or 
groups in a discriminatory manner contrary to applicable State 
or federal law. 
    (b-5) By August 1st June 30th of each year, the Illinois 
State Police, the Illinois Department of Transportation, and 
the Illinois State Toll Highway Authority shall issue a joint 
report to the General Assembly detailing the program 
operations, including, but not limited to: 
        (1) the cost of installation of cameras by county; 
        (2) the cost of ongoing maintenance of the camera 
    systems per county, including electrical costs and data 
    transfer costs;
        (3) the number of inquiries where the investigation 
    involved the criminal offenses outlined in subsection (b); 
    and
        (4) the number of incidents in which law enforcement 
    searched the stored data for the criminal offenses 
    outlined in subsection (b). 
    (c) Subject to appropriation, any funds needed to conduct 
the program for use on the expressways or State highway system 
under the jurisdiction of the Department of Transportation 
shall be taken from the Road Fund and shall be included in 
requests for qualification processes. Any funds needed to 
conduct the program for use on expressways under the 
jurisdiction of the Illinois State Toll Highway Authority 
shall be paid for by funds from the Illinois State Tollway 
Highway Authority and shall be included in requests for 
qualification processes.
    (c-5) Any forcible felony, gunrunning, or firearms 
trafficking offense, as defined in Section 2-8, 24-3a, or 
24-3b of the Criminal Code of 2012, respectively, committed on 
an expressway monitored by a camera system funded by money 
from the Road Fund or money from the Illinois State Toll 
Highway Authority and investigated by officers of the Illinois 
State Police may be prosecuted by the Attorney General or the 
State's Attorney where the offense was committed. 
    (d) (Blank).
(Source: P.A. 102-1042, eff. 6-3-22; 102-1043, eff. 6-3-22; 
103-154, eff. 6-30-23.)
 
    (605 ILCS 140/10 new)
    Sec. 10. Controlling law. This Act supersedes Section 19.1 
of the Toll Highway Act. This Act does not supersede Section 
2-130 of the Illinois Vehicle Code.
 
    (605 ILCS 140/90)
    (Section scheduled to be repealed on July 1, 2025)
    Sec. 90. Repeal. This Act is repealed on July 1, 2028 2025.
(Source: P.A. 101-42, eff. 1-1-20; 102-1042, eff. 6-3-22; 
102-1043, eff. 6-3-22.)
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.