Bill Text: IL HB5304 | 2023-2024 | 103rd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Creates the Highway Work Zone Safety Act. Establishes the Highway Work Zone Speed Control Pilot Program. Provides that the Program's purpose is to enforce the speed limits established for construction or maintenance speed zones. Requires the Department of Transportation to install and operate an automated traffic control system only when highway construction and maintenance is occurring and when workers are present. Requires the Department to conduct a public safety campaign and post signage to inform drivers about the use of an automated traffic control system that detects speeds in excess of a work zone speed limit. Requires an automated traffic control system used in the Program to undergo an annual calibration check performed by an independent calibration laboratory. Provides that the Department shall employ automated traffic control system operators to operate an automated traffic control system at a construction or maintenance speed zone. Enumerates the duties and training requirements of an automated traffic control system operator. Limits the use of a photograph or recorded image captured by an automated traffic control system. Creates a presumption that the owner of a motor vehicle that is the subject of a photograph or recorded image was operating the motor vehicle when the photograph or recorded image was obtained through an automated traffic control system. Allows the presumption to be rebutted if specified conditions are met. Grants rulemaking authority to the Department. Defines terms. Repeals the Automated Traffic Control Systems in Highway Construction or Maintenance Zones Act. Makes conforming changes.

Spectrum: Slight Partisan Bill (Democrat 5-2)

Status: (Engrossed) 2024-06-26 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [HB5304 Detail]

Download: Illinois-2023-HB5304-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5304 Introduced , by Rep. Jaime M. Andrade, Jr. SYNOPSIS AS INTRODUCED:
New Act
5 ILCS 140/7.5
625 ILCS 5/3-400 from Ch. 95 1/2, par. 3-400
625 ILCS 5/11-612
625 ILCS 7/Act rep.
Creates the Highway Work Zone Safety Act. Establishes the Highway Work Zone Speed Control Pilot Program. Provides that the Program's purpose is to enforce the speed limits established for construction or maintenance speed zones. Requires the Department of Transportation to install and operate an automated traffic control system only when highway construction and maintenance is occurring and when workers are present. Requires the Department to conduct a public safety campaign and post signage to inform drivers about the use of an automated traffic control system that detects speeds in excess of a work zone speed limit. Requires an automated traffic control system used in the Program to undergo an annual calibration check performed by an independent calibration laboratory. Provides that the Department shall employ automated traffic control system operators to operate an automated traffic control system at a construction or maintenance speed zone. Enumerates the duties and training requirements of an automated traffic control system operator. Limits the use of a photograph or recorded image captured by an automated traffic control system. Creates a presumption that the owner of a motor vehicle that is the subject of a photograph or recorded image was operating the motor vehicle when the photograph or recorded image was obtained through an automated traffic control system. Allows the presumption to be rebutted if specified conditions are met. Grants rulemaking authority to the Department. Defines terms. Repeals the Automated Traffic Control Systems in Highway Construction or Maintenance Zones Act. Makes conforming changes.
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A BILL FOR
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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Highway Work Zone Safety Act.
Section 5. Definitions. As used in this Act:
"Authority" means the Illinois State Toll Highway
Authority.
"Automatic traffic control system" means a photographic
device, radar device, laser device, or other electrical or
mechanical device or devices designed to record the speed of a
vehicle and obtain a clear photograph or other recorded image
of the vehicle, the vehicle operator, and the vehicle's
registration plate or digital registration plate while the
driver is violating Section 11-605.1 of the Illinois Vehicle
Code. The photograph or other recorded image must also display
the time, date, and location of the violation. A law
enforcement officer is not required to be present or to
witness the violation.
"Committee" means the Illinois Traffic Records Safety
Coordinating Committee.
"Construction or maintenance speed zone" has the same
meaning given to that term under Section 11-605.1 of the

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Illinois Vehicle Code.
"Department" means the Department of Transportation.
"Motor vehicle rental company" has the meaning given to
that term under Section 6-305.3 of the Illinois Vehicle Code.
"Owner" means a person in whose name a motor vehicle is
registered under the laws of this State, another state, or a
foreign country or under the International Registration Plan.
"Program" means the Highway Work Zone Speed Control Pilot
Program created under this Act.
"Work zone speed limit" means a temporary speed limit
established for a work zone by the Department, the Authority,
or a unit of local government that has jurisdiction over the
work zone.
Section 10. Highway Work Zone Speed Control Pilot Program.
(a) The Department shall establish the Highway Work Zone
Speed Control Pilot Program for the purposes of enforcing the
speed limits established for construction or maintenance speed
zones.
(b) The Department shall administer the Program in
coordination with the State Police and a third-party vendor.
(c) The Department and the State Police shall enter into
an agreement to share information regarding the Program.
(d) The Department may enter into an agreement with a
third-party vendor to assist in the administration of the
Program.

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Section 15. Procedures.
(a) The Department shall install and operate an automated
traffic control system only when:
(1) highway construction or maintenance is occurring;
and
(2) workers are present in the construction or
maintenance speed zone.
(b) Before installing an automated traffic control system
for the purposes of the Program, the Department shall do the
following:
(1) conduct a public information campaign to inform
drivers about the use of an automated traffic control
system to detect speeds in excess of a work zone speed
limit; and
(2) post signage indicating that the work zone speed
limit is being monitored by an automated traffic control
system before the entrance to a construction or
maintenance speed zone in which an automated traffic
control system is in use.
Section 20. Maintenance of automated traffic control
systems.
(a) An automated traffic control system used in the
Program shall undergo an annual calibration check performed by
an independent calibration laboratory selected by the

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Department.
(b) The independent calibration laboratory performing the
annual calibration check required under subsection (a) shall
issue a certificate of calibration to the Department for auto
traffic control system as proof that:
(1) the annual calibration check was performed; and
(2) the automated traffic control system is accurately
calibrated.
Section 25. Automated traffic control system operator
requirements; duties; restrictions.
(a) The Department shall employ automated traffic control
system operators to operate an automated traffic control
system at a construction or maintenance speed zone.
(b) An automated traffic control system operator must be:
(1) an employee of the Department or a police officer
employed by the State Police; and
(2) trained and certified to operate an automated
traffic control system.
(c) An automated traffic control system operator must
complete training by the manufacturer of the automated traffic
control system in the procedures for deploying, testing, and
operating an automated traffic control system.
(d) The manufacturer of the automated traffic control
system shall issue a certificate of training to an automated
traffic control system operator upon the successful completion

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of the training required under subsection (c).
(e) An automated traffic control system operator shall
complete a daily log for the automated traffic control system
that contains the following:
(1) the location of the construction or maintenance
speed zone where the automated traffic control system is
deployed;
(2) the date and time when workers are present at the
construction or maintenance speed zone;
(3) the location within the construction or
maintenance speed zone where workers are present;
(4) a statement that the automated traffic control
system operator successfully performed, and the device
passed, the tests of the automated traffic control system
specified by the manufacturer before producing a
photograph or recorded image; and
(5) the signature of the automated traffic control
system operator.
(f) The information and recorded images collected under
the Program are confidential and exempt from disclosure under
the Freedom of Information Act.
Section 30. Photograph and recorded images; permitted and
nonpermitted uses.
(a) Except as otherwise provided in this Act, information
and photographs or recorded images collected under the Program

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are not discoverable by court order as evidence in a
proceeding except to assess a penalty under Section 40 of this
Act.
(b) Information and a photograph or recorded image
collected under the Program must be destroyed not later than 2
years after the date the information and photograph or
recorded image is collected.
(c) Notwithstanding any other provision of law,
information and photographs or recorded images collected under
the Program are the exclusive property of the State and not the
property of the manufacturer or vendor of the automated
traffic control system.
(d) Except as otherwise provided under the Illinois
Vehicle Code, use of a photograph or recorded image obtained
through the use of an automated traffic control system for the
purpose of enforcing a traffic offense is prohibited.
(e) A photograph or recorded image obtained through the
use of an automated traffic control system may not be used as
evidence in any action other than an action to collect a work
zone speed limit civil penalty for which the photograph or
recorded image was obtained.
(f) A photograph or recorded image obtained through the
use of an automated traffic control system may be used
internally to administer the Program. However, unless
authorized by court order, a photograph or recorded image
obtained through the use of an automated traffic control

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system may not be disclosed to anyone other than:
(1) the owner of the motor vehicle at the time the
recorded speed of the motor vehicle exceeded a work zone
speed limit;
(2) an individual alleged to have been operating the
motor vehicle at the time the works zone speed limit was
exceeded;
(3) an attorney representing an individual;
(4) a law enforcement officer;
(5) the Authority or Department;
(6) a law enforcement officer; or
(7) the court in a proceeding for judicial review.
Section 35. Liability.
(a) Except as provided in subsection (d), the owner of a
motor vehicle identified through an automated traffic control
system is liable for the civil penalty described in section 40
of this Act for exceeding a work zone speed limit.
(b) There is a rebuttable presumption that the owner of a
motor vehicle that is the subject of a photograph or recorded
image was operating the motor vehicle when the photograph or
recorded image was obtained through an automated traffic
control system.
(c) The presumption under subsection (b) does not apply to
an owner of a motor vehicle that is a motor vehicle rental
company.

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(d) The owner of a motor vehicle may submit information as
determined by the Department to rebut the presumption created
by subsection (b).
(e) It is a defense under this Section if any of the
following apply:
(1) The person receiving a notice of violation issued
under this Act:
(A) was not the owner of the motor vehicle; or
(B) was not driving the motor vehicle at the time
that the work zone speed limit was exceeded.
(2) The vehicle was reported stolen prior to the time
that the work zone speed limit was exceeded and was not
recovered prior to that time.
(3) The automated traffic control system was not
properly tested for accuracy, certification, or
calibration.
(4) Workers were not present in the construction or
maintenance speed zone at the time that the work zone
speed limit was exceeded.
Section 40. Civil penalties.
(a) This Section does not apply to a person who has been
charged with an infraction for a violation of Section 11-605.1
of the Illinois Vehicle Code for the same offense.
(b) The Department shall assess a civil penalty against a
person who exceeds a work zone speed limit if the automated

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traffic control system indicates that the operator of a motor
vehicle has exceeded the work speed limit by at least eleven 11
miles per hour.
(c) A person who exceeds a work zone speed limit that is
detected under this Act is subject to the following civil
penalties:
(1) A written warning for the first violation.
(2) A civil penalty of $75 for the second violation.
(3) A civil penalty of $150 for the third and each
subsequent violation.
(d) A civil penalty collected under this Section shall be
deposited into the State General Fund.
(e) A person assessed a civil penalty under this Act is not
liable for an infraction for a violation of Section 11-605.1
of the Illinois Vehicle Code.
Section 45. Reports.
(a) Not later than November 1 of each year, the Department
must submit a report to the Committee that includes the
following:
(1) the number of motor vehicle accidents and related
serious injuries and deaths that occurred in each
construction or maintenance speed zone where an automated
traffic control system was operated;
(2) data related to the speed of motor vehicles
traveling through a construction or maintenance speed zone

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where an automated traffic control system was operated;
(3) the number of violations issued in a construction
or maintenance speed zone where an automated traffic
control system was operated; and
(4) the amount of fines imposed for violations
occurring in a construction or maintenance speed zone
where an automated traffic control system was operated.
(b) Not later than July 1, 2028, the Department must
submit a report to the Committee that provides a summary of the
impact of the use of automated traffic control systems in
construction or maintenance speed zone.
(c) A report under this Section must be submitted to the
Committee in an electronic format.
Section 50. Rulemaking. The Department shall adopt rules
to implement this Act, including, but not limited to, rules
establishing procedures for notices, hearings, and appeals
under this Act.
Section 900. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
(Text of Section before amendment by P.A. 103-472)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be

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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 transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease 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

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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.

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(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.

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(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

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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.

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(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

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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.

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(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. This subsection (fff) is inoperative on and after
July 1, 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

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Act.
(iii) Data exempt from disclosure under Section 50 of
the School Safety Drill Act.
(jjj) (hhh) Information exempt from disclosure under
Section 30 of the Insurance Data Security Law.
(kkk) (iii) Confidential business information
prohibited from disclosure under Section 45 of the Paint
Stewardship Act.
(lll) (Reserved).
(mmm) (iii) Information prohibited from being
disclosed under subsection (e) of Section 1-129 of the
Illinois Power Agency Act.
(nnn) Information prohibited from being disclosed
under subsection (g) of Section 25 of the Highway Work
Zone Safety 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; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23;
revised 1-2-24.)
(Text of Section after amendment by P.A. 103-472)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be

HB5304 - 20 - LRB103 39108 MXP 69248 b
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 transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease 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

HB5304 - 21 - LRB103 39108 MXP 69248 b
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.

HB5304 - 22 - LRB103 39108 MXP 69248 b
(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.

HB5304 - 23 - LRB103 39108 MXP 69248 b
(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

HB5304 - 24 - LRB103 39108 MXP 69248 b
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.

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(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

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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.

HB5304 - 27 - LRB103 39108 MXP 69248 b
(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. This subsection (fff) is inoperative on and after
July 1, 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

HB5304 - 28 - LRB103 39108 MXP 69248 b
Act.
(iii) Data exempt from disclosure under Section 50 of
the School Safety Drill Act.
(jjj) (hhh) Information exempt from disclosure under
Section 30 of the Insurance Data Security Law.
(kkk) (iii) Confidential business information
prohibited from disclosure under Section 45 of the Paint
Stewardship Act.
(lll) (iii) Data exempt from disclosure under Section
2-3.196 of the School Code.
(mmm) (iii) Information prohibited from being
disclosed under subsection (e) of Section 1-129 of the
Illinois Power Agency Act.
(nnn) Information prohibited from being disclosed
under subsection (g) of Section 25 of the Highway Work
Zone Safety 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; revised 1-2-24.)
Section 905. The Illinois Vehicle Code is amended by
changing Sections 3-400 and 11-612 as follows:

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

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established place of business, where operational records of
the fleet are maintained and where mileage is accrued by the
fleet. In case a registrant operates more than one fleet, and
maintains records for each fleet in different places, the
"base jurisdiction" for a fleet shall be the jurisdiction
where an established place of business is maintained, where
records of the operation of that fleet are maintained and
where mileage is accrued by that fleet.
"Operational Records" means documents supporting miles
traveled in each jurisdiction and total miles traveled, such
as fuel reports, trip leases, and logs.
"Owner" means a person who holds legal title of a motor
vehicle, or in the event a motor vehicle is the subject of an
agreement for the conditional sale or lease thereof with the
right of purchase upon performance of the conditions stated in
the agreement and with an immediate right of possession vested
in the conditional vendee or lessee with right of purchase, or
in the event a mortgagor of such motor vehicle is entitled to
possession, or in the event a lessee of such motor vehicle is
entitled to possession or control, then such conditional
vendee or lessee with right of purchase or mortgagor or lessee
is considered to be the owner for the purpose of this Act.
"Registration plate or digital registration plate cover"
means any tinted, colored, painted, marked, clear, or
illuminated object that is designed to (i) cover any of the
characters of a motor vehicle's registration plate or digital

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

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this Code, no photographic, video, or other imaging system may
be used in this State to record vehicle speeds for the purpose
of enforcing any law or ordinance regarding a maximum or
minimum speed limit unless a law enforcement officer is
present at the scene and witnesses the event. No State or local
governmental entity, including a home rule county or
municipality, may use such a system in a way that is prohibited
by this Section. The regulation of the use of such systems is
an exclusive power and function of the State. This Section is a
denial and limitation of home rule powers and functions under
subsection (h) of Section 6 of Article VII of the Illinois
Constitution.
(Source: P.A. 97-672, eff. 7-1-12.)
(625 ILCS 7/Act rep.)
Section 910. The Automated Traffic Control Systems in
Highway Construction or Maintenance Zones Act is repealed.