Public Act 104-0018

HB3339 Enrolled LRB104 11411 LNS 21499 b

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Freedom of Information Act is amended by

changing Section 7.5 as follows:

(5 ILCS 140/7.5)

Sec. 7.5. Statutory exemptions. To the extent provided for

by the statutes referenced below, the following shall be

exempt from inspection and copying:

(a) All information determined to be confidential

under Section 4002 of the Technology Advancement and

Development Act.

(b) Library circulation and order records identifying

library users with specific materials under the Library

Records Confidentiality Act.

(c) Applications, related documents, and medical

records received by the Experimental Organ Transplantation

Procedures Board and any and all documents or other

records prepared by the Experimental Organ Transplantation

Procedures Board or its staff relating to applications it

has received.

(d) Information and records held by the Department of

Public Health and its authorized representatives relating

to known or suspected cases of sexually transmitted

infection or any information the disclosure of which is

restricted under the Illinois Sexually Transmitted

Infection Control Act.

(e) Information the disclosure of which is exempted

under Section 30 of the Radon Industry Licensing Act.

(f) Firm performance evaluations under Section 55 of

the Architectural, Engineering, and Land Surveying

Qualifications Based Selection Act.

(g) Information the disclosure of which is restricted

and exempted under Section 50 of the Illinois Prepaid

Tuition Act.

(h) Information the disclosure of which is exempted

under the State Officials and Employees Ethics Act, and

records of any lawfully created State or local inspector

general's office that would be exempt if created or

obtained by an Executive Inspector General's office under

that Act.

(i) Information contained in a local emergency energy

plan submitted to a municipality in accordance with a

local emergency energy plan ordinance that is adopted

under Section 11-21.5-5 of the Illinois Municipal Code.

(j) Information and data concerning the distribution

of surcharge moneys collected and remitted by carriers

under the Emergency Telephone System Act.

(k) Law enforcement officer identification information

or driver identification information compiled by a law

enforcement agency or the Department of Transportation

under Section 11-212 of the Illinois Vehicle Code.

(l) Records and information provided to a residential

health care facility resident sexual assault and death

review team or the Executive Council under the Abuse

Prevention Review Team Act.

(m) Information provided to the predatory lending

database created pursuant to Article 3 of the Residential

Real Property Disclosure Act, except to the extent

authorized under that Article.

(n) Defense budgets and petitions for certification of

compensation and expenses for court appointed trial

counsel as provided under Sections 10 and 15 of the

Capital Crimes Litigation Act (repealed). This subsection

(n) shall apply until the conclusion of the trial of the

case, even if the prosecution chooses not to pursue the

death penalty prior to trial or sentencing.

(o) Information that is prohibited from being

disclosed under Section 4 of the Illinois Health and

Hazardous Substances Registry Act.

(p) Security portions of system safety program plans,

investigation reports, surveys, schedules, lists, data, or

information compiled, collected, or prepared by or for the

Department of Transportation under Sections 2705-300 and

2705-616 of the Department of Transportation Law of the

Civil Administrative Code of Illinois, the Regional

Transportation Authority under Section 2.11 of the

Regional Transportation Authority Act, or the St. Clair

County Transit District under the Bi-State Transit Safety

Act (repealed).

(q) Information prohibited from being disclosed by the

Personnel Record Review Act.

(r) Information prohibited from being disclosed by the

Illinois School Student Records Act.

(s) Information the disclosure of which is restricted

under Section 5-108 of the Public Utilities Act.

(t) (Blank).

(u) Records and information provided to an independent

team of experts under the Developmental Disability and

Mental Health Safety Act (also known as Brian's Law).

(v) Names and information of people who have applied

for or received Firearm Owner's Identification Cards under

the Firearm Owners Identification Card Act or applied for

or received a concealed carry license under the Firearm

Concealed Carry Act, unless otherwise authorized by the

Firearm Concealed Carry Act; and databases under the

Firearm Concealed Carry Act, records of the Concealed

Carry Licensing Review Board under the Firearm Concealed

Carry Act, and law enforcement agency objections under the

Firearm Concealed Carry Act.

(v-5) Records of the Firearm Owner's Identification

Card Review Board that are exempted from disclosure under

Section 10 of the Firearm Owners Identification Card Act.

(w) Personally identifiable information which is

exempted from disclosure under subsection (g) of Section

19.1 of the Toll Highway Act.

(x) Information which is exempted from disclosure

under Section 5-1014.3 of the Counties Code or Section

8-11-21 of the Illinois Municipal Code.

(y) Confidential information under the Adult

Protective Services Act and its predecessor enabling

statute, the Elder Abuse and Neglect Act, including

information about the identity and administrative finding

against any caregiver of a verified and substantiated

decision of abuse, neglect, or financial exploitation of

an eligible adult maintained in the Registry established

under Section 7.5 of the Adult Protective Services Act.

(z) Records and information provided to a fatality

review team or the Illinois Fatality Review Team Advisory

Council under Section 15 of the Adult Protective Services

Act.

(aa) Information which is exempted from disclosure

under Section 2.37 of the Wildlife Code.

(bb) Information which is or was prohibited from

disclosure by the Juvenile Court Act of 1987.

(cc) Recordings made under the Law Enforcement

Officer-Worn Body Camera Act, except to the extent

authorized under that Act.

(dd) Information that is prohibited from being

disclosed under Section 45 of the Condominium and Common

Interest Community Ombudsperson Act.

(ee) Information that is exempted from disclosure

under Section 30.1 of the Pharmacy Practice Act.

(ff) Information that is exempted from disclosure

under the Revised Uniform Unclaimed Property Act.

(gg) Information that is prohibited from being

disclosed under Section 7-603.5 of the Illinois Vehicle

Code.

(hh) Records that are exempt from disclosure under

Section 1A-16.7 of the Election Code.

(ii) Information which is exempted from disclosure

under Section 2505-800 of the Department of Revenue Law of

the Civil Administrative Code of Illinois.

(jj) Information and reports that are required to be

submitted to the Department of Labor by registering day

and temporary labor service agencies but are exempt from

disclosure under subsection (a-1) of Section 45 of the Day

and Temporary Labor Services Act.

(kk) Information prohibited from disclosure under the

Seizure and Forfeiture Reporting Act.

(ll) Information the disclosure of which is restricted

and exempted under Section 5-30.8 of the Illinois Public

Aid Code.

(mm) Records that are exempt from disclosure under

Section 4.2 of the Crime Victims Compensation Act.

(nn) Information that is exempt from disclosure under

Section 70 of the Higher Education Student Assistance Act.

(oo) Communications, notes, records, and reports

arising out of a peer support counseling session

prohibited from disclosure under the First Responders

Suicide Prevention Act.

(pp) Names and all identifying information relating to

an employee of an emergency services provider or law

enforcement agency under the First Responders Suicide

Prevention Act.

(qq) Information and records held by the Department of

Public Health and its authorized representatives collected

under the Reproductive Health Act.

(rr) Information that is exempt from disclosure under

the Cannabis Regulation and Tax Act.

(ss) Data reported by an employer to the Department of

Human Rights pursuant to Section 2-108 of the Illinois

Human Rights Act.

(tt) Recordings made under the Children's Advocacy

Center Act, except to the extent authorized under that

Act.

(uu) Information that is exempt from disclosure under

Section 50 of the Sexual Assault Evidence Submission Act.

(vv) Information that is exempt from disclosure under

subsections (f) and (j) of Section 5-36 of the Illinois

Public Aid Code.

(ww) Information that is exempt from disclosure under

Section 16.8 of the State Treasurer Act.

(xx) Information that is exempt from disclosure or

information that shall not be made public under the

Illinois Insurance Code.

(yy) Information prohibited from being disclosed under

the Illinois Educational Labor Relations Act.

(zz) Information prohibited from being disclosed under

the Illinois Public Labor Relations Act.

(aaa) Information prohibited from being disclosed

under Section 1-167 of the Illinois Pension Code.

(bbb) Information that is prohibited from disclosure

by the Illinois Police Training Act and the Illinois State

Police Act.

(ccc) Records exempt from disclosure under Section

2605-304 of the Illinois State Police Law of the Civil

Administrative Code of Illinois.

(ddd) Information prohibited from being disclosed

under Section 35 of the Address Confidentiality for

Victims of Domestic Violence, Sexual Assault, Human

Trafficking, or Stalking Act.

(eee) Information prohibited from being disclosed

under subsection (b) of Section 75 of the Domestic

Violence Fatality Review Act.

(fff) Images from cameras under the Expressway Camera

Act and all automated license plate reader (ALPR)

information used and collected by the Illinois State

Police. "ALPR information" means information gathered by

an ALPR or created from the analysis of data generated by

an ALPR. This subsection (fff) is inoperative on and after

July 1, 2028 2025.

(ggg) Information prohibited from disclosure under

paragraph (3) of subsection (a) of Section 14 of the Nurse

Agency Licensing Act.

(hhh) Information submitted to the Illinois State

Police in an affidavit or application for an assault

weapon endorsement, assault weapon attachment endorsement,

.50 caliber rifle endorsement, or .50 caliber cartridge

endorsement under the Firearm Owners Identification Card

Act.

(iii) Data exempt from disclosure under Section 50 of

the School Safety Drill Act.

(jjj) Information exempt from disclosure under Section

30 of the Insurance Data Security Law.

(kkk) Confidential business information prohibited

from disclosure under Section 45 of the Paint Stewardship

Act.

(lll) Data exempt from disclosure under Section

2-3.196 of the School Code.

(mmm) Information prohibited from being disclosed

under subsection (e) of Section 1-129 of the Illinois

Power Agency Act.

(nnn) Materials received by the Department of Commerce

and Economic Opportunity that are confidential under the

Music and Musicians Tax Credit and Jobs Act.

(ooo) (nnn) Data or information provided pursuant to

Section 20 of the Statewide Recycling Needs and Assessment

Act.

(ppp) (nnn) Information that is exempt from disclosure

under Section 28-11 of the Lawful Health Care Activity

Act.

(qqq) (nnn) Information that is exempt from disclosure

under Section 7-101 of the Illinois Human Rights Act.

(rrr) (mmm) Information prohibited from being

disclosed under Section 4-2 of the Uniform Money

Transmission Modernization Act.

(sss) (nnn) Information exempt from disclosure under

Section 40 of the Student-Athlete Endorsement Rights Act.

(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;

102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.

8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;

102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.

6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,

eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;

103-580, eff. 12-8-23; 103-592, eff. 6-7-24; 103-605, eff.

7-1-24; 103-636, eff. 7-1-24; 103-724, eff. 1-1-25; 103-786,

eff. 8-7-24; 103-859, eff. 8-9-24; 103-991, eff. 8-9-24;

103-1049, eff. 8-9-24; revised 11-26-24.)

Section 10. The Expressway Camera Act is amended by

changing Sections 3, 5, and 90 and by adding Section 10 as

follows:

(605 ILCS 140/3)

(Section scheduled to be repealed on July 1, 2025)

Sec. 3. Definitions. As used in this Act:

"Aggravated vehicular hijacking" has the meaning provided

in Section 18-4 of the Criminal Code of 2012.

"Authorized user" means a designated peace officer or

member of law enforcement personnel who has received training

in the review and use of images and associated technology.

"Expressway" has the meaning provided in Section 1-119.3

of the Illinois Vehicle Code.

"Forcible felony" means the following offenses as defined

in the Criminal Code of 2012 or substantially similar federal

or other state criminal laws: treason, first degree murder,

second degree murder, predatory criminal sexual assault of a

child, aggravated criminal sexual assault, criminal sexual

assault, trafficking in persons, involuntary servitude,

robbery, burglary, residential burglary, aggravated arson,

arson, aggravated kidnaping, kidnaping, and aggravated battery

resulting in great bodily harm or permanent disability or

disfigurement.

"Terrorism" has the meaning provided in Section 29D-14.9

of the Criminal Code of 2012.

"Vehicular hijacking" has the meaning provided in Section

18-3 of the Criminal Code of 2012.

(Source: P.A. 102-1042, eff. 6-3-22.)

(605 ILCS 140/5)

(Section scheduled to be repealed on July 1, 2025)

Sec. 5. Camera program.

(a) The Illinois State Police, the Illinois Department of

Transportation, and the Illinois State Toll Highway Authority

shall work together to conduct a program to increase the

amount of cameras along (i) expressways and the State highway

system in the counties of Boone, Bureau, Champaign, Cook,

DeKalb, DuPage, Grundy, Henry, Kane, Kendall, Lake, LaSalle,

Lee, Macon, Madison, McHenry, Morgan, Ogle, Peoria, Rock

Island, Sangamon, St. Clair, Whiteside, Will, and Winnebago

and (ii) Jean-Baptiste Pointe DuSable Lake Shore Drive in Cook

County. Within 90 days after June 3, 2022 (the effective date

of Public Act 102-1042), details about the program objectives,

counties where the program is operational, and policies under

which the program operates shall be made publicly available

and posted online.

(b) Images from the cameras, including, but not limited

to, images of license plates collected by state-operated

cameras and cameras operated by the Illinois State Toll

Highway Authority, may be used by any law enforcement agency

conducting an active law enforcement investigation subject to

the limitations in this subsection. Images from the cameras

may be extracted by any authorized user and used by any

municipal police department, county sheriff's office, State

Police officer, or other law enforcement agency with

jurisdiction in the investigation of any offenses involving

vehicular hijacking, aggravated vehicular hijacking,

terrorism, motor vehicle theft, or any forcible felony,

including, but not limited to, offenses involving the use of a

firearm; to detect expressway hazards and highway conditions;

and to facilitate highway safety and incident management.

Images from the cameras shall not be used to enforce petty

offenses or offenses not listed in this subsection, unless use

of the images pertains to expressway or highway safety or

hazards. Images from the cameras may be used by any law

enforcement agency conducting an active law enforcement

investigation. All images from the cameras that are exported

through a law enforcement database shall be deleted from that

law enforcement database within 120 days, unless the images

are relevant to an ongoing investigation or pending criminal

trial. Cameras shall not be used to monitor individuals or

groups in a discriminatory manner contrary to applicable State

or federal law.

(b-5) By August 1st June 30th of each year, the Illinois

State Police, the Illinois Department of Transportation, and

the Illinois State Toll Highway Authority shall issue a joint

report to the General Assembly detailing the program

operations, including, but not limited to:

(1) the cost of installation of cameras by county;

(2) the cost of ongoing maintenance of the camera

systems per county, including electrical costs and data

transfer costs;

(3) the number of inquiries where the investigation

involved the criminal offenses outlined in subsection (b);

and

(4) the number of incidents in which law enforcement

searched the stored data for the criminal offenses

outlined in subsection (b).

(c) Subject to appropriation, any funds needed to conduct

the program for use on the expressways or State highway system

under the jurisdiction of the Department of Transportation

shall be taken from the Road Fund and shall be included in

requests for qualification processes. Any funds needed to

conduct the program for use on expressways under the

jurisdiction of the Illinois State Toll Highway Authority

shall be paid for by funds from the Illinois State Tollway

Highway Authority and shall be included in requests for

qualification processes.

(c-5) Any forcible felony, gunrunning, or firearms

trafficking offense, as defined in Section 2-8, 24-3a, or

24-3b of the Criminal Code of 2012, respectively, committed on

an expressway monitored by a camera system funded by money

from the Road Fund or money from the Illinois State Toll

Highway Authority and investigated by officers of the Illinois

State Police may be prosecuted by the Attorney General or the

State's Attorney where the offense was committed.

(d) (Blank).

(Source: P.A. 102-1042, eff. 6-3-22; 102-1043, eff. 6-3-22;

103-154, eff. 6-30-23.)

(605 ILCS 140/10 new)

Sec. 10. Controlling law. This Act supersedes Section 19.1

of the Toll Highway Act. This Act does not supersede Section

2-130 of the Illinois Vehicle Code.

(605 ILCS 140/90)

(Section scheduled to be repealed on July 1, 2025)

Sec. 90. Repeal. This Act is repealed on July 1, 2028 2025.

(Source: P.A. 101-42, eff. 1-1-20; 102-1042, eff. 6-3-22;

102-1043, eff. 6-3-22.)

Section 99. Effective date. This Act takes effect upon

becoming law.