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HB3339 Enrolled LRB104 11411 LNS 21499 b
1 AN ACT concerning transportation.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Freedom of Information Act is amended by
5 changing Section 7.5 as follows:
6 (5 ILCS 140/7.5)
7 Sec. 7.5. Statutory exemptions. To the extent provided for
8 by the statutes referenced below, the following shall be
9 exempt from inspection and copying:
10 (a) All information determined to be confidential
11 under Section 4002 of the Technology Advancement and
12 Development Act.
13 (b) Library circulation and order records identifying
14 library users with specific materials under the Library
15 Records Confidentiality Act.
16 (c) Applications, related documents, and medical
17 records received by the Experimental Organ Transplantation
18 Procedures Board and any and all documents or other
19 records prepared by the Experimental Organ Transplantation
20 Procedures Board or its staff relating to applications it
21 has received.
22 (d) Information and records held by the Department of
23 Public Health and its authorized representatives relating
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1 to known or suspected cases of sexually transmitted
2 infection or any information the disclosure of which is
3 restricted under the Illinois Sexually Transmitted
4 Infection Control Act.
5 (e) Information the disclosure of which is exempted
6 under Section 30 of the Radon Industry Licensing Act.
7 (f) Firm performance evaluations under Section 55 of
8 the Architectural, Engineering, and Land Surveying
9 Qualifications Based Selection Act.
10 (g) Information the disclosure of which is restricted
11 and exempted under Section 50 of the Illinois Prepaid
12 Tuition Act.
13 (h) Information the disclosure of which is exempted
14 under the State Officials and Employees Ethics Act, and
15 records of any lawfully created State or local inspector
16 general's office that would be exempt if created or
17 obtained by an Executive Inspector General's office under
18 that Act.
19 (i) Information contained in a local emergency energy
20 plan submitted to a municipality in accordance with a
21 local emergency energy plan ordinance that is adopted
22 under Section 11-21.5-5 of the Illinois Municipal Code.
23 (j) Information and data concerning the distribution
24 of surcharge moneys collected and remitted by carriers
25 under the Emergency Telephone System Act.
26 (k) Law enforcement officer identification information
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1 or driver identification information compiled by a law
2 enforcement agency or the Department of Transportation
3 under Section 11-212 of the Illinois Vehicle Code.
4 (l) Records and information provided to a residential
5 health care facility resident sexual assault and death
6 review team or the Executive Council under the Abuse
7 Prevention Review Team Act.
8 (m) Information provided to the predatory lending
9 database created pursuant to Article 3 of the Residential
10 Real Property Disclosure Act, except to the extent
11 authorized under that Article.
12 (n) Defense budgets and petitions for certification of
13 compensation and expenses for court appointed trial
14 counsel as provided under Sections 10 and 15 of the
15 Capital Crimes Litigation Act (repealed). This subsection
16 (n) shall apply until the conclusion of the trial of the
17 case, even if the prosecution chooses not to pursue the
18 death penalty prior to trial or sentencing.
19 (o) Information that is prohibited from being
20 disclosed under Section 4 of the Illinois Health and
21 Hazardous Substances Registry Act.
22 (p) Security portions of system safety program plans,
23 investigation reports, surveys, schedules, lists, data, or
24 information compiled, collected, or prepared by or for the
25 Department of Transportation under Sections 2705-300 and
26 2705-616 of the Department of Transportation Law of the
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1 Civil Administrative Code of Illinois, the Regional
2 Transportation Authority under Section 2.11 of the
3 Regional Transportation Authority Act, or the St. Clair
4 County Transit District under the Bi-State Transit Safety
5 Act (repealed).
6 (q) Information prohibited from being disclosed by the
7 Personnel Record Review Act.
8 (r) Information prohibited from being disclosed by the
9 Illinois School Student Records Act.
10 (s) Information the disclosure of which is restricted
11 under Section 5-108 of the Public Utilities Act.
12 (t) (Blank).
13 (u) Records and information provided to an independent
14 team of experts under the Developmental Disability and
15 Mental Health Safety Act (also known as Brian's Law).
16 (v) Names and information of people who have applied
17 for or received Firearm Owner's Identification Cards under
18 the Firearm Owners Identification Card Act or applied for
19 or received a concealed carry license under the Firearm
20 Concealed Carry Act, unless otherwise authorized by the
21 Firearm Concealed Carry Act; and databases under the
22 Firearm Concealed Carry Act, records of the Concealed
23 Carry Licensing Review Board under the Firearm Concealed
24 Carry Act, and law enforcement agency objections under the
25 Firearm Concealed Carry Act.
26 (v-5) Records of the Firearm Owner's Identification
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1 Card Review Board that are exempted from disclosure under
2 Section 10 of the Firearm Owners Identification Card Act.
3 (w) Personally identifiable information which is
4 exempted from disclosure under subsection (g) of Section
5 19.1 of the Toll Highway Act.
6 (x) Information which is exempted from disclosure
7 under Section 5-1014.3 of the Counties Code or Section
8 8-11-21 of the Illinois Municipal Code.
9 (y) Confidential information under the Adult
10 Protective Services Act and its predecessor enabling
11 statute, the Elder Abuse and Neglect Act, including
12 information about the identity and administrative finding
13 against any caregiver of a verified and substantiated
14 decision of abuse, neglect, or financial exploitation of
15 an eligible adult maintained in the Registry established
16 under Section 7.5 of the Adult Protective Services Act.
17 (z) Records and information provided to a fatality
18 review team or the Illinois Fatality Review Team Advisory
19 Council under Section 15 of the Adult Protective Services
20 Act.
21 (aa) Information which is exempted from disclosure
22 under Section 2.37 of the Wildlife Code.
23 (bb) Information which is or was prohibited from
24 disclosure by the Juvenile Court Act of 1987.
25 (cc) Recordings made under the Law Enforcement
26 Officer-Worn Body Camera Act, except to the extent
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1 authorized under that Act.
2 (dd) Information that is prohibited from being
3 disclosed under Section 45 of the Condominium and Common
4 Interest Community Ombudsperson Act.
5 (ee) Information that is exempted from disclosure
6 under Section 30.1 of the Pharmacy Practice Act.
7 (ff) Information that is exempted from disclosure
8 under the Revised Uniform Unclaimed Property Act.
9 (gg) Information that is prohibited from being
10 disclosed under Section 7-603.5 of the Illinois Vehicle
11 Code.
12 (hh) Records that are exempt from disclosure under
13 Section 1A-16.7 of the Election Code.
14 (ii) Information which is exempted from disclosure
15 under Section 2505-800 of the Department of Revenue Law of
16 the Civil Administrative Code of Illinois.
17 (jj) Information and reports that are required to be
18 submitted to the Department of Labor by registering day
19 and temporary labor service agencies but are exempt from
20 disclosure under subsection (a-1) of Section 45 of the Day
21 and Temporary Labor Services Act.
22 (kk) Information prohibited from disclosure under the
23 Seizure and Forfeiture Reporting Act.
24 (ll) Information the disclosure of which is restricted
25 and exempted under Section 5-30.8 of the Illinois Public
26 Aid Code.
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1 (mm) Records that are exempt from disclosure under
2 Section 4.2 of the Crime Victims Compensation Act.
3 (nn) Information that is exempt from disclosure under
4 Section 70 of the Higher Education Student Assistance Act.
5 (oo) Communications, notes, records, and reports
6 arising out of a peer support counseling session
7 prohibited from disclosure under the First Responders
8 Suicide Prevention Act.
9 (pp) Names and all identifying information relating to
10 an employee of an emergency services provider or law
11 enforcement agency under the First Responders Suicide
12 Prevention Act.
13 (qq) Information and records held by the Department of
14 Public Health and its authorized representatives collected
15 under the Reproductive Health Act.
16 (rr) Information that is exempt from disclosure under
17 the Cannabis Regulation and Tax Act.
18 (ss) Data reported by an employer to the Department of
19 Human Rights pursuant to Section 2-108 of the Illinois
20 Human Rights Act.
21 (tt) Recordings made under the Children's Advocacy
22 Center Act, except to the extent authorized under that
23 Act.
24 (uu) Information that is exempt from disclosure under
25 Section 50 of the Sexual Assault Evidence Submission Act.
26 (vv) Information that is exempt from disclosure under
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1 subsections (f) and (j) of Section 5-36 of the Illinois
2 Public Aid Code.
3 (ww) Information that is exempt from disclosure under
4 Section 16.8 of the State Treasurer Act.
5 (xx) Information that is exempt from disclosure or
6 information that shall not be made public under the
7 Illinois Insurance Code.
8 (yy) Information prohibited from being disclosed under
9 the Illinois Educational Labor Relations Act.
10 (zz) Information prohibited from being disclosed under
11 the Illinois Public Labor Relations Act.
12 (aaa) Information prohibited from being disclosed
13 under Section 1-167 of the Illinois Pension Code.
14 (bbb) Information that is prohibited from disclosure
15 by the Illinois Police Training Act and the Illinois State
16 Police Act.
17 (ccc) Records exempt from disclosure under Section
18 2605-304 of the Illinois State Police Law of the Civil
19 Administrative Code of Illinois.
20 (ddd) Information prohibited from being disclosed
21 under Section 35 of the Address Confidentiality for
22 Victims of Domestic Violence, Sexual Assault, Human
23 Trafficking, or Stalking Act.
24 (eee) Information prohibited from being disclosed
25 under subsection (b) of Section 75 of the Domestic
26 Violence Fatality Review Act.
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1 (fff) Images from cameras under the Expressway Camera
2 Act and all automated license plate reader (ALPR)
3 information used and collected by the Illinois State
4 Police. "ALPR information" means information gathered by
5 an ALPR or created from the analysis of data generated by
6 an ALPR. This subsection (fff) is inoperative on and after
7 July 1, 2028 2025.
8 (ggg) Information prohibited from disclosure under
9 paragraph (3) of subsection (a) of Section 14 of the Nurse
10 Agency Licensing Act.
11 (hhh) Information submitted to the Illinois State
12 Police in an affidavit or application for an assault
13 weapon endorsement, assault weapon attachment endorsement,
14 .50 caliber rifle endorsement, or .50 caliber cartridge
15 endorsement under the Firearm Owners Identification Card
16 Act.
17 (iii) Data exempt from disclosure under Section 50 of
18 the School Safety Drill Act.
19 (jjj) Information exempt from disclosure under Section
20 30 of the Insurance Data Security Law.
21 (kkk) Confidential business information prohibited
22 from disclosure under Section 45 of the Paint Stewardship
23 Act.
24 (lll) Data exempt from disclosure under Section
25 2-3.196 of the School Code.
26 (mmm) Information prohibited from being disclosed
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1 under subsection (e) of Section 1-129 of the Illinois
2 Power Agency Act.
3 (nnn) Materials received by the Department of Commerce
4 and Economic Opportunity that are confidential under the
5 Music and Musicians Tax Credit and Jobs Act.
6 (ooo) (nnn) Data or information provided pursuant to
7 Section 20 of the Statewide Recycling Needs and Assessment
8 Act.
9 (ppp) (nnn) Information that is exempt from disclosure
10 under Section 28-11 of the Lawful Health Care Activity
11 Act.
12 (qqq) (nnn) Information that is exempt from disclosure
13 under Section 7-101 of the Illinois Human Rights Act.
14 (rrr) (mmm) Information prohibited from being
15 disclosed under Section 4-2 of the Uniform Money
16 Transmission Modernization Act.
17 (sss) (nnn) Information exempt from disclosure under
18 Section 40 of the Student-Athlete Endorsement Rights Act.
19 (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
20 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
21 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
22 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
23 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
24 eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
25 103-580, eff. 12-8-23; 103-592, eff. 6-7-24; 103-605, eff.
26 7-1-24; 103-636, eff. 7-1-24; 103-724, eff. 1-1-25; 103-786,
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1 eff. 8-7-24; 103-859, eff. 8-9-24; 103-991, eff. 8-9-24;
2 103-1049, eff. 8-9-24; revised 11-26-24.)
3 Section 10. The Expressway Camera Act is amended by
4 changing Sections 3, 5, and 90 and by adding Section 10 as
5 follows:
6 (605 ILCS 140/3)
7 (Section scheduled to be repealed on July 1, 2025)
8 Sec. 3. Definitions. As used in this Act:
9 "Aggravated vehicular hijacking" has the meaning provided
10 in Section 18-4 of the Criminal Code of 2012.
11 "Authorized user" means a designated peace officer or
12 member of law enforcement personnel who has received training
13 in the review and use of images and associated technology.
14 "Expressway" has the meaning provided in Section 1-119.3
15 of the Illinois Vehicle Code.
16 "Forcible felony" means the following offenses as defined
17 in the Criminal Code of 2012 or substantially similar federal
18 or other state criminal laws: treason, first degree murder,
19 second degree murder, predatory criminal sexual assault of a
20 child, aggravated criminal sexual assault, criminal sexual
21 assault, trafficking in persons, involuntary servitude,
22 robbery, burglary, residential burglary, aggravated arson,
23 arson, aggravated kidnaping, kidnaping, and aggravated battery
24 resulting in great bodily harm or permanent disability or
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1 disfigurement.
2 "Terrorism" has the meaning provided in Section 29D-14.9
3 of the Criminal Code of 2012.
4 "Vehicular hijacking" has the meaning provided in Section
5 18-3 of the Criminal Code of 2012.
6 (Source: P.A. 102-1042, eff. 6-3-22.)
7 (605 ILCS 140/5)
8 (Section scheduled to be repealed on July 1, 2025)
9 Sec. 5. Camera program.
10 (a) The Illinois State Police, the Illinois Department of
11 Transportation, and the Illinois State Toll Highway Authority
12 shall work together to conduct a program to increase the
13 amount of cameras along (i) expressways and the State highway
14 system in the counties of Boone, Bureau, Champaign, Cook,
15 DeKalb, DuPage, Grundy, Henry, Kane, Kendall, Lake, LaSalle,
16 Lee, Macon, Madison, McHenry, Morgan, Ogle, Peoria, Rock
17 Island, Sangamon, St. Clair, Whiteside, Will, and Winnebago
18 and (ii) Jean-Baptiste Pointe DuSable Lake Shore Drive in Cook
19 County. Within 90 days after June 3, 2022 (the effective date
20 of Public Act 102-1042), details about the program objectives,
21 counties where the program is operational, and policies under
22 which the program operates shall be made publicly available
23 and posted online.
24 (b) Images from the cameras, including, but not limited
25 to, images of license plates collected by state-operated
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1 cameras and cameras operated by the Illinois State Toll
2 Highway Authority, may be used by any law enforcement agency
3 conducting an active law enforcement investigation subject to
4 the limitations in this subsection. Images from the cameras
5 may be extracted by any authorized user and used by any
6 municipal police department, county sheriff's office, State
7 Police officer, or other law enforcement agency with
8 jurisdiction in the investigation of any offenses involving
9 vehicular hijacking, aggravated vehicular hijacking,
10 terrorism, motor vehicle theft, or any forcible felony,
11 including, but not limited to, offenses involving the use of a
12 firearm; to detect expressway hazards and highway conditions;
13 and to facilitate highway safety and incident management.
14 Images from the cameras shall not be used to enforce petty
15 offenses or offenses not listed in this subsection, unless use
16 of the images pertains to expressway or highway safety or
17 hazards. Images from the cameras may be used by any law
18 enforcement agency conducting an active law enforcement
19 investigation. All images from the cameras that are exported
20 through a law enforcement database shall be deleted from that
21 law enforcement database within 120 days, unless the images
22 are relevant to an ongoing investigation or pending criminal
23 trial. Cameras shall not be used to monitor individuals or
24 groups in a discriminatory manner contrary to applicable State
25 or federal law.
26 (b-5) By August 1st June 30th of each year, the Illinois
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1 State Police, the Illinois Department of Transportation, and
2 the Illinois State Toll Highway Authority shall issue a joint
3 report to the General Assembly detailing the program
4 operations, including, but not limited to:
5 (1) the cost of installation of cameras by county;
6 (2) the cost of ongoing maintenance of the camera
7 systems per county, including electrical costs and data
8 transfer costs;
9 (3) the number of inquiries where the investigation
10 involved the criminal offenses outlined in subsection (b);
11 and
12 (4) the number of incidents in which law enforcement
13 searched the stored data for the criminal offenses
14 outlined in subsection (b).
15 (c) Subject to appropriation, any funds needed to conduct
16 the program for use on the expressways or State highway system
17 under the jurisdiction of the Department of Transportation
18 shall be taken from the Road Fund and shall be included in
19 requests for qualification processes. Any funds needed to
20 conduct the program for use on expressways under the
21 jurisdiction of the Illinois State Toll Highway Authority
22 shall be paid for by funds from the Illinois State Tollway
23 Highway Authority and shall be included in requests for
24 qualification processes.
25 (c-5) Any forcible felony, gunrunning, or firearms
26 trafficking offense, as defined in Section 2-8, 24-3a, or
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1 24-3b of the Criminal Code of 2012, respectively, committed on
2 an expressway monitored by a camera system funded by money
3 from the Road Fund or money from the Illinois State Toll
4 Highway Authority and investigated by officers of the Illinois
5 State Police may be prosecuted by the Attorney General or the
6 State's Attorney where the offense was committed.
7 (d) (Blank).
8 (Source: P.A. 102-1042, eff. 6-3-22; 102-1043, eff. 6-3-22;
9 103-154, eff. 6-30-23.)
10 (605 ILCS 140/10 new)
11 Sec. 10. Controlling law. This Act supersedes Section 19.1
12 of the Toll Highway Act. This Act does not supersede Section
13 2-130 of the Illinois Vehicle Code.
14 (605 ILCS 140/90)
15 (Section scheduled to be repealed on July 1, 2025)
16 Sec. 90. Repeal. This Act is repealed on July 1, 2028 2025.
17 (Source: P.A. 101-42, eff. 1-1-20; 102-1042, eff. 6-3-22;
18 102-1043, eff. 6-3-22.)
19 Section 99. Effective date. This Act takes effect upon
20 becoming law.Every fact on this page links to its source, starting with the official bill record.