HB2857 - 104th General Assembly

Rep. Jaime M. Andrade, Jr.

Filed: 3/7/2025

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2857

2    AMENDMENT NO. ______. Amend House Bill 2857 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Highway Work Zone Safety Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Construction or maintenance speed zone" has the same
8meaning given to that term under Section 11-605.1 of the
9Illinois Vehicle Code.
10    "Motor vehicle rental company" has the meaning given to
11that term under Section 6-305.3 of the Illinois Vehicle Code.
12    "Owner" means a person in whose name a motor vehicle is
13registered under the laws of this State, another state, or a
14foreign country or under the International Registration Plan.
15    "Program" means the Highway Work Zone Safety Speed Control
16Program created under this Act.

 

 

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1    "Work zone speed limit" means a temporary speed limit
2established for a work zone by (i) the Department of
3Transportation, (ii) the Illinois State Toll Highway
4Authority, or (iii) a unit of local government that has
5jurisdiction over the highway.
6    "Work zone speed safety camera system" means a
7photographic device, radar device, laser device, or other
8electrical or mechanical device or devices designed to record
9the speed of a vehicle and obtain a clear photograph or other
10recorded image of the vehicle, the vehicle operator, and the
11vehicle's registration plate or digital registration plate
12while the driver is violating Section 11-605.1 of the Illinois
13Vehicle Code. The photograph or other recorded image must also
14display the time, date, and location of the violation. A law
15enforcement officer is not required to be present or to
16witness the violation.
 
17    Section 10. Highway Work Zone Safety Speed Control
18Program.
19    (a) The Department of Transportation, in coordination with
20the Illinois State Police, shall establish the Highway Work
21Zone Safety Speed Control Program for the purposes of
22enforcing the speed limits established for construction or
23maintenance speed zones.
24    (b) The Department of Transportation shall administer the
25Program in coordination with the Illinois State Police and the

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        (2) the company provides the driver's license number,
2    name, and address of the renter or lessee.
3    (b) A civil law violation dismissed with respect to a
4motor vehicle rental or leasing company in accordance with
5subsection (a) may then be issued and delivered by mail or
6other means to the renter or lessee identified in the
7affidavit of non-liability.
 
8    Section 40. Procurement. The Department of Transportation
9may procure such as is necessary to implement and administer
10this Act.
 
11    Section 45. Rulemaking. The Department of Transportation
12shall adopt rules to implement and administer this Act.
 
13    Section 900. The Freedom of Information Act is amended by
14changing Section 7.5 as follows:
 
15    (5 ILCS 140/7.5)
16    Sec. 7.5. Statutory exemptions. To the extent provided for
17by the statutes referenced below, the following shall be
18exempt from inspection and copying:
19        (a) All information determined to be confidential
20    under Section 4002 of the Technology Advancement and
21    Development Act.
22        (b) Library circulation and order records identifying

 

 

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1    library users with specific materials under the Library
2    Records Confidentiality Act.
3        (c) Applications, related documents, and medical
4    records received by the Experimental Organ Transplantation
5    Procedures Board and any and all documents or other
6    records prepared by the Experimental Organ Transplantation
7    Procedures Board or its staff relating to applications it
8    has received.
9        (d) Information and records held by the Department of
10    Public Health and its authorized representatives relating
11    to known or suspected cases of sexually transmitted
12    infection or any information the disclosure of which is
13    restricted under the Illinois Sexually Transmitted
14    Infection Control Act.
15        (e) Information the disclosure of which is exempted
16    under Section 30 of the Radon Industry Licensing Act.
17        (f) Firm performance evaluations under Section 55 of
18    the Architectural, Engineering, and Land Surveying
19    Qualifications Based Selection Act.
20        (g) Information the disclosure of which is restricted
21    and exempted under Section 50 of the Illinois Prepaid
22    Tuition Act.
23        (h) Information the disclosure of which is exempted
24    under the State Officials and Employees Ethics Act, and
25    records of any lawfully created State or local inspector
26    general's office that would be exempt if created or

 

 

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1    obtained by an Executive Inspector General's office under
2    that Act.
3        (i) Information contained in a local emergency energy
4    plan submitted to a municipality in accordance with a
5    local emergency energy plan ordinance that is adopted
6    under Section 11-21.5-5 of the Illinois Municipal Code.
7        (j) Information and data concerning the distribution
8    of surcharge moneys collected and remitted by carriers
9    under the Emergency Telephone System Act.
10        (k) Law enforcement officer identification information
11    or driver identification information compiled by a law
12    enforcement agency or the Department of Transportation
13    under Section 11-212 of the Illinois Vehicle Code.
14        (l) Records and information provided to a residential
15    health care facility resident sexual assault and death
16    review team or the Executive Council under the Abuse
17    Prevention Review Team Act.
18        (m) Information provided to the predatory lending
19    database created pursuant to Article 3 of the Residential
20    Real Property Disclosure Act, except to the extent
21    authorized under that Article.
22        (n) Defense budgets and petitions for certification of
23    compensation and expenses for court appointed trial
24    counsel as provided under Sections 10 and 15 of the
25    Capital Crimes Litigation Act (repealed). This subsection
26    (n) shall apply until the conclusion of the trial of the

 

 

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1    case, even if the prosecution chooses not to pursue the
2    death penalty prior to trial or sentencing.
3        (o) Information that is prohibited from being
4    disclosed under Section 4 of the Illinois Health and
5    Hazardous Substances Registry Act.
6        (p) Security portions of system safety program plans,
7    investigation reports, surveys, schedules, lists, data, or
8    information compiled, collected, or prepared by or for the
9    Department of Transportation under Sections 2705-300 and
10    2705-616 of the Department of Transportation Law of the
11    Civil Administrative Code of Illinois, the Regional
12    Transportation Authority under Section 2.11 of the
13    Regional Transportation Authority Act, or the St. Clair
14    County Transit District under the Bi-State Transit Safety
15    Act (repealed).
16        (q) Information prohibited from being disclosed by the
17    Personnel Record Review Act.
18        (r) Information prohibited from being disclosed by the
19    Illinois School Student Records Act.
20        (s) Information the disclosure of which is restricted
21    under Section 5-108 of the Public Utilities Act.
22        (t) (Blank).
23        (u) Records and information provided to an independent
24    team of experts under the Developmental Disability and
25    Mental Health Safety Act (also known as Brian's Law).
26        (v) Names and information of people who have applied

 

 

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1    for or received Firearm Owner's Identification Cards under
2    the Firearm Owners Identification Card Act or applied for
3    or received a concealed carry license under the Firearm
4    Concealed Carry Act, unless otherwise authorized by the
5    Firearm Concealed Carry Act; and databases under the
6    Firearm Concealed Carry Act, records of the Concealed
7    Carry Licensing Review Board under the Firearm Concealed
8    Carry Act, and law enforcement agency objections under the
9    Firearm Concealed Carry Act.
10        (v-5) Records of the Firearm Owner's Identification
11    Card Review Board that are exempted from disclosure under
12    Section 10 of the Firearm Owners Identification Card Act.
13        (w) Personally identifiable information which is
14    exempted from disclosure under subsection (g) of Section
15    19.1 of the Toll Highway Act.
16        (x) Information which is exempted from disclosure
17    under Section 5-1014.3 of the Counties Code or Section
18    8-11-21 of the Illinois Municipal Code.
19        (y) Confidential information under the Adult
20    Protective Services Act and its predecessor enabling
21    statute, the Elder Abuse and Neglect Act, including
22    information about the identity and administrative finding
23    against any caregiver of a verified and substantiated
24    decision of abuse, neglect, or financial exploitation of
25    an eligible adult maintained in the Registry established
26    under Section 7.5 of the Adult Protective Services Act.

 

 

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1        (z) Records and information provided to a fatality
2    review team or the Illinois Fatality Review Team Advisory
3    Council under Section 15 of the Adult Protective Services
4    Act.
5        (aa) Information which is exempted from disclosure
6    under Section 2.37 of the Wildlife Code.
7        (bb) Information which is or was prohibited from
8    disclosure by the Juvenile Court Act of 1987.
9        (cc) Recordings made under the Law Enforcement
10    Officer-Worn Body Camera Act, except to the extent
11    authorized under that Act.
12        (dd) Information that is prohibited from being
13    disclosed under Section 45 of the Condominium and Common
14    Interest Community Ombudsperson Act.
15        (ee) Information that is exempted from disclosure
16    under Section 30.1 of the Pharmacy Practice Act.
17        (ff) Information that is exempted from disclosure
18    under the Revised Uniform Unclaimed Property Act.
19        (gg) Information that is prohibited from being
20    disclosed under Section 7-603.5 of the Illinois Vehicle
21    Code.
22        (hh) Records that are exempt from disclosure under
23    Section 1A-16.7 of the Election Code.
24        (ii) Information which is exempted from disclosure
25    under Section 2505-800 of the Department of Revenue Law of
26    the Civil Administrative Code of Illinois.

 

 

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

 

 

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1    the Cannabis Regulation and Tax Act.
2        (ss) Data reported by an employer to the Department of
3    Human Rights pursuant to Section 2-108 of the Illinois
4    Human Rights Act.
5        (tt) Recordings made under the Children's Advocacy
6    Center Act, except to the extent authorized under that
7    Act.
8        (uu) Information that is exempt from disclosure under
9    Section 50 of the Sexual Assault Evidence Submission Act.
10        (vv) Information that is exempt from disclosure under
11    subsections (f) and (j) of Section 5-36 of the Illinois
12    Public Aid Code.
13        (ww) Information that is exempt from disclosure under
14    Section 16.8 of the State Treasurer Act.
15        (xx) Information that is exempt from disclosure or
16    information that shall not be made public under the
17    Illinois Insurance Code.
18        (yy) Information prohibited from being disclosed under
19    the Illinois Educational Labor Relations Act.
20        (zz) Information prohibited from being disclosed under
21    the Illinois Public Labor Relations Act.
22        (aaa) Information prohibited from being disclosed
23    under Section 1-167 of the Illinois Pension Code.
24        (bbb) Information that is prohibited from disclosure
25    by the Illinois Police Training Act and the Illinois State
26    Police Act.

 

 

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1        (ccc) Records exempt from disclosure under Section
2    2605-304 of the Illinois State Police Law of the Civil
3    Administrative Code of Illinois.
4        (ddd) Information prohibited from being disclosed
5    under Section 35 of the Address Confidentiality for
6    Victims of Domestic Violence, Sexual Assault, Human
7    Trafficking, or Stalking Act.
8        (eee) Information prohibited from being disclosed
9    under subsection (b) of Section 75 of the Domestic
10    Violence Fatality Review Act.
11        (fff) Images from cameras under the Expressway Camera
12    Act. This subsection (fff) is inoperative on and after
13    July 1, 2025.
14        (ggg) Information prohibited from disclosure under
15    paragraph (3) of subsection (a) of Section 14 of the Nurse
16    Agency Licensing Act.
17        (hhh) Information submitted to the Illinois State
18    Police in an affidavit or application for an assault
19    weapon endorsement, assault weapon attachment endorsement,
20    .50 caliber rifle endorsement, or .50 caliber cartridge
21    endorsement under the Firearm Owners Identification Card
22    Act.
23        (iii) Data exempt from disclosure under Section 50 of
24    the School Safety Drill Act.
25        (jjj) Information exempt from disclosure under Section
26    30 of the Insurance Data Security Law.

 

 

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1        (kkk) Confidential business information prohibited
2    from disclosure under Section 45 of the Paint Stewardship
3    Act.
4        (lll) Data exempt from disclosure under Section
5    2-3.196 of the School Code.
6        (mmm) Information prohibited from being disclosed
7    under subsection (e) of Section 1-129 of the Illinois
8    Power Agency Act.
9        (nnn) Materials received by the Department of Commerce
10    and Economic Opportunity that are confidential under the
11    Music and Musicians Tax Credit and Jobs Act.
12        (ooo) (nnn) Data or information provided pursuant to
13    Section 20 of the Statewide Recycling Needs and Assessment
14    Act.
15        (ppp) (nnn) Information that is exempt from disclosure
16    under Section 28-11 of the Lawful Health Care Activity
17    Act.
18        (qqq) (nnn) Information that is exempt from disclosure
19    under Section 7-101 of the Illinois Human Rights Act.
20        (rrr) (mmm) Information prohibited from being
21    disclosed under Section 4-2 of the Uniform Money
22    Transmission Modernization Act.
23        (sss) (nnn) Information exempt from disclosure under
24    Section 40 of the Student-Athlete Endorsement Rights Act.
25        (ttt) Information prohibited from being disclosed
26    under subsection (g) of Section 25 of the Highway Work

 

 

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1    Zone Safety Act.
2(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
3102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
48-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
5102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
66-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
7eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
8103-580, eff. 12-8-23; 103-592, eff. 6-7-24; 103-605, eff.
97-1-24; 103-636, eff. 7-1-24; 103-724, eff. 1-1-25; 103-786,
10eff. 8-7-24; 103-859, eff. 8-9-24; 103-991, eff. 8-9-24;
11103-1049, eff. 8-9-24; revised 11-26-24.)
 
12    Section 905. The Illinois Vehicle Code is amended by
13changing Sections 3-400, 11-605.1, and 11-612 as follows:
 
14    (625 ILCS 5/3-400)  (from Ch. 95 1/2, par. 3-400)
15    Sec. 3-400. Definitions. Notwithstanding the definitions
16set forth in Chapter 1 of this Act, for the purposes of this
17Article, the following words shall have the meaning ascribed
18to them as follows:
19    "Apportionable Fee" means any periodic recurring fee
20required for licensing or registering vehicles, such as, but
21not limited to, registration fees, license or weight fees.
22    "Apportionable Vehicle" means any vehicle, except
23recreational vehicles, vehicles displaying restricted plates,
24city pickup and delivery vehicles, buses used in

 

 

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1transportation of chartered parties, and government owned
2vehicles that are used or intended for use in 2 or more member
3jurisdictions that allocate or proportionally register
4vehicles, in a fleet which is used for the transportation of
5persons for hire or the transportation of property and which
6has a gross vehicle weight in excess of 26,000 pounds; or has
7three or more axles regardless of weight; or is used in
8combination when the weight of such combination exceeds 26,000
9pounds gross vehicle weight. Vehicles, or combinations having
10a gross vehicle weight of 26,000 pounds or less and two-axle
11vehicles may be proportionally registered at the option of
12such owner.
13    "Base Jurisdiction" means, for purposes of fleet
14registration, the jurisdiction where the registrant has an
15established place of business, where operational records of
16the fleet are maintained and where mileage is accrued by the
17fleet. In case a registrant operates more than one fleet, and
18maintains records for each fleet in different places, the
19"base jurisdiction" for a fleet shall be the jurisdiction
20where an established place of business is maintained, where
21records of the operation of that fleet are maintained and
22where mileage is accrued by that fleet.
23    "Operational Records" means documents supporting miles
24traveled in each jurisdiction and total miles traveled, such
25as fuel reports, trip leases, and logs.
26    "Owner" means a person who holds legal title of a motor

 

 

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1vehicle, or in the event a motor vehicle is the subject of an
2agreement for the conditional sale or lease thereof with the
3right of purchase upon performance of the conditions stated in
4the agreement and with an immediate right of possession vested
5in the conditional vendee or lessee with right of purchase, or
6in the event a mortgagor of such motor vehicle is entitled to
7possession, or in the event a lessee of such motor vehicle is
8entitled to possession or control, then such conditional
9vendee or lessee with right of purchase or mortgagor or lessee
10is considered to be the owner for the purpose of this Act.
11    "Registration plate or digital registration plate cover"
12means any tinted, colored, painted, marked, clear, or
13illuminated object that is designed to (i) cover any of the
14characters of a motor vehicle's registration plate or digital
15registration plate; or (ii) distort a recorded image of any of
16the characters of a motor vehicle's registration plate or
17digital registration plate recorded by an automated
18enforcement system as defined in Section 11-208.6, 11-208.8,
19or 11-1201.1 of this Code or recorded by an automated traffic
20control system as defined in Section 5 of the Highway Work Zone
21Safety Act. 15 of the Automated Traffic Control Systems in
22Highway Construction or Maintenance Zones Act.
23    "Rental Owner" means an owner principally engaged, with
24respect to one or more rental fleets, in renting to others or
25offering for rental the vehicles of such fleets, without
26drivers.

 

 

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1    "Restricted Plates" shall include, but is not limited to,
2dealer, manufacturer, transporter, farm, repossessor, and
3permanently mounted type plates. Vehicles displaying any of
4these type plates from a foreign jurisdiction that is a member
5of the International Registration Plan shall be granted
6reciprocity but shall be subject to the same limitations as
7similar plated Illinois registered vehicles.
8(Source: P.A. 101-395, eff. 8-16-19.)
 
9    (625 ILCS 5/11-605.1)
10    Sec. 11-605.1. Special limit while traveling through a
11highway construction or maintenance speed zone.
12    (a) A person may not operate a motor vehicle in a
13construction or maintenance speed zone at a speed in excess of
14the posted speed limit when workers are present.
15    (a-5) A person may not operate a motor vehicle in a
16construction or maintenance speed zone at a speed in excess of
17the posted speed limit when workers are not present.
18    (b) Nothing in this Chapter prohibits the use of
19electronic speed-detecting devices within 500 feet of signs
20within a construction or maintenance speed zone indicating the
21zone, as defined in this Section, nor shall evidence obtained
22by use of those devices be inadmissible in any prosecution for
23speeding, provided the use of the device shall apply only to
24the enforcement of the speed limit in the construction or
25maintenance speed zone.

 

 

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1    (c) As used in this Section, a "construction or
2maintenance speed zone" is an area in which the Department,
3Toll Highway Authority, or local agency has posted signage
4advising drivers that a construction or maintenance speed zone
5is being approached, or in which the Department, Authority, or
6local agency has posted a lower speed limit with a highway
7construction or maintenance speed zone special speed limit
8sign after determining that the preexisting established speed
9limit through a highway construction or maintenance project is
10greater than is reasonable or safe with respect to the
11conditions expected to exist in the construction or
12maintenance speed zone.
13    If it is determined that the preexisting established speed
14limit is safe with respect to the conditions expected to exist
15in the construction or maintenance speed zone, additional
16speed limit signs which conform to the requirements of this
17subsection (c) shall be posted.
18    Highway construction or maintenance speed zone special
19speed limit signs shall be of a design approved by the
20Department. The signs must give proper due warning that a
21construction or maintenance speed zone is being approached and
22must indicate the maximum speed limit in effect. The signs
23also must state that higher fines apply the amount of the
24minimum fine for a violation.
25    (d) Except as provided under subsection (d-5), a person
26who violates this Section is guilty of a petty offense.

 

 

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1Violations of this Section are punishable with a minimum fine
2of $250 for the first violation and a minimum fine of $750 for
3the second or subsequent violation.
4    (d-5) A person committing a violation of this Section is
5guilty of aggravated special speed limit while traveling
6through a highway construction or maintenance speed zone when
7he or she drives a motor vehicle at a speed that is:
8        (1) 26 miles per hour or more but less than 35 miles
9    per hour in excess of the applicable special speed limit
10    established under this Section or a similar provision of a
11    local ordinance and is guilty of a Class B misdemeanor; or
12        (2) 35 miles per hour or more in excess of the
13    applicable special speed limit established under this
14    Section or a similar provision of a local ordinance and is
15    guilty of a Class A misdemeanor.
16    (e) (Blank).
17    (e-5) The Illinois State Police and the local county
18police department have concurrent jurisdiction over any
19violation of this Section that occurs on an interstate
20highway.
21    (f) The Transportation Safety Highway Hire-back Fund,
22which was created by Public Act 92-619, shall continue to be a
23special fund in the State treasury. Subject to appropriation
24by the General Assembly and approval by the Secretary, the
25Secretary of Transportation shall use all moneys in the
26Transportation Safety Highway Hire-back Fund to hire off-duty

 

 

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1Illinois State Police officers to monitor construction or
2maintenance zones.
3    (f-5) Each county shall create a Transportation Safety
4Highway Hire-back Fund. The county shall use the moneys in its
5Transportation Safety Highway Hire-back Fund to hire off-duty
6county police officers to monitor construction or maintenance
7zones in that county on highways other than interstate
8highways. The county, in its discretion, may also use a
9portion of the moneys in its Transportation Safety Highway
10Hire-back Fund to purchase equipment for county law
11enforcement and fund the production of materials to educate
12drivers on construction zone safe driving habits.
13    (g) For a second or subsequent violation of this Section
14within 2 years of the date of the previous violation, the
15Secretary of State shall suspend the driver's license of the
16violator for a period of 90 days. This suspension shall only be
17imposed if the current violation of this Section and at least
18one prior violation of this Section occurred during a period
19when workers were present in the construction or maintenance
20zone.
21(Source: P.A. 102-538, eff. 8-20-21.)
 
22    (625 ILCS 5/11-612)
23    Sec. 11-612. Certain systems to record vehicle speeds
24prohibited. Except as authorized in the Highway Work Zone
25Safety Act Automated Traffic Control Systems in Highway

 

 

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1Construction or Maintenance Zones Act and Section 11-208.8 of
2this Code, no photographic, video, or other imaging system may
3be used in this State to record vehicle speeds for the purpose
4of enforcing any law or ordinance regarding a maximum or
5minimum speed limit unless a law enforcement officer is
6present at the scene and witnesses the event. No State or local
7governmental entity, including a home rule county or
8municipality, may use such a system in a way that is prohibited
9by this Section. The regulation of the use of such systems is
10an exclusive power and function of the State. This Section is a
11denial and limitation of home rule powers and functions under
12subsection (h) of Section 6 of Article VII of the Illinois
13Constitution.
14(Source: P.A. 97-672, eff. 7-1-12.)
 
15    (625 ILCS 7/Act rep.)
16    Section 910. The Automated Traffic Control Systems in
17Highway Construction or Maintenance Zones Act is repealed.
 
18    Section 999. Effective date. This Act takes effect upon
19becoming law, except that Section 910 take effect January 1,
202027.".