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Full Text of HB5103
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HB5103 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5103
Introduced 2/10/2026, by Rep. Michael J. Kelly
SYNOPSIS AS INTRODUCED:
New Act
Creates the Automated Driving Systems Development Act. Provides that
the operation of highly automated vehicles participating in an automated
vehicle pilot project is subject to all applicable federal and State laws.
Sets forth eligibility requirements for participation in an automated
vehicle pilot project. Establishes the application process for
participation in an automated vehicle pilot project. Creates a review
committee within the Department of Transportation. Requires the Secretary
of State to develop a driving test to evaluate the capability of highly
automated vehicles to safely operate on State roads. Sets forth permit
requirements and requirements concerning the suspension, revocation, and
reinstatement of a permit. Creates reporting and data sharing
requirements. Contains other provisions. Effective immediately.
LRB104 19934 LNS 33384 b
A BILL FOR
HB5103
LRB104 19934 LNS 33384 b
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AN ACT concerning transportation.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 1.
Short title.
This Act may be cited as the
5
Automated Driving Systems Development Act.
6
Section 5.
Definitions.
As used in this Act:
7
"Automated driving system" means hardware and software
8
that are collectively capable of performing the entire dynamic
9
driving task on a sustained basis, regardless of whether
10
limited to a specific operational design domain.
11
"Autonomous vehicle operator" means a person or business
12
operating highly automated vehicles on public roads and
13
highways of this State in connection with an automated vehicle
14
pilot project.
15
"Automated vehicle pilot project" means a pilot or
16
demonstration project that is performed under this Act and
17
that authorizes eligible autonomous vehicle operators to make
18
a highly automated vehicle available to the public for testing
19
on the public roads and highways of this State.
20
"Crash" means any physical contact between the highly
21
automated vehicle and any object that results in damage to the
22
object or the vehicle or any physical contact between the
23
highly automated vehicle and another vehicle, person, mammal,
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or reptile.
2
"Dynamic driving task" means all of the real-time
3
operational and tactical functions required to operate a
4
vehicle in on-road traffic, excluding the strategic functions,
5
such as trip scheduling and selection of destinations and
6
waypoints. "Dynamic driving task" includes, without
7
limitation:
8
(1) lateral vehicle motion control via steering;
9
(2) longitudinal motion control via acceleration and
10
deceleration;
11
(3) monitoring the driving environment via object and
12
event detection, recognition, classification, and response
13
preparation;
14
(4) object and event response execution;
15
(5) maneuver planning; and
16
(6) enhancing conspicuity via lighting, signaling, and
17
gesturing.
18
"Evaluation data" means any data necessary to support the
19
testing, development, legal and regulatory compliance,
20
operation, safety, and improvement of automated driving
21
systems or highly automated vehicles, including, but not
22
limited to, real-time perception, crash avoidance, and sensor,
23
environmental, traffic, communication, network, camera, and
24
incident data.
25
"Highly automated vehicle" means a motor vehicle equipped
26
with an automated driving system that is designed to function
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without a human driver in the vehicle at a level of driving
2
automation of 4 or 5 as specified in the Society of Automotive
3
Engineers International Standard J3016 (April 2021).
4
"Incident report" means a report containing information on
5
collisions and other incidents as described in Section 35.
6
"Operational design domain" means the specific operating
7
conditions under which a given automated driving system is
8
specifically designed to function, including, but not limited
9
to, geographic area, roadway type, speed range, environmental
10
conditions, and other domain constraints.
11
"Permit to participate in an automated vehicle pilot
12
project" means a permit issued by the Secretary of State
13
allowing for an autonomous vehicle operator to operate the
14
highly automated vehicle on State roadways within the
15
operational design domain as described on the permit.
16
"Public information portal" means a publicly available
17
website maintained by an autonomous vehicle operator,
18
containing all necessary disclosures required by this Act.
19
"Processing" or "process" means any operation or set of
20
operations that is performed on data or on sets of data,
21
whether by automated means, including, but not limited to,
22
collection, recording, organization, structuring, storage,
23
adaptation or alteration, retrieval, consultation, use,
24
disclosure by transmission, dissemination or otherwise making
25
available, alignment or combination, restriction, erasure, or
26
destruction.
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"Review committee" means the committee formed by the
2
Department of Transportation under Section 20.
3
Section 10.
Automated vehicle pilot project eligibility.
4
(a) The operation of highly automated vehicles
5
participating in an automated vehicle pilot project is subject
6
to all applicable federal and State laws.
7
If the highly automated vehicle is used for transporting
8
persons in a manner consistent with a taxi, livery, or
9
ridesharing service, then all applicable municipal ordinances
10
which govern taxi, livery, and ridesharing services set forth
11
by the municipalities contained within the operational design
12
domain shall apply to the autonomous vehicle operator and
13
highly automated vehicle. This provision is applicable
14
regardless of whether money is exchanged for the service
15
provided. This provision does not apply if the person being
16
transported is an employee of the autonomous vehicle operator.
17
(b) An autonomous vehicle operator is eligible to apply
18
for participation in an automated vehicle pilot project if the
19
highly automated vehicle to be operated meets all applicable
20
certificate of title, registration, licensing, and insurance
21
requirements of the State.
22
(c) An autonomous vehicle operator shall develop for each
23
manufacturer and model of highly automated vehicle:
24
(1) a law enforcement interaction plan, which shall
25
include:
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(A) instructions on how to communicate with the
2
autonomous vehicle operator or its employees,
3
including providing a contact telephone number for the
4
autonomous vehicle operator or its employees;
5
(B) instructions on where, in the vehicle, to
6
obtain autonomous vehicle operator information,
7
vehicle registration, and proof of insurance in the
8
event of a crash or traffic violation involving the
9
vehicle;
10
(C) instructions on how to safely remove the
11
vehicle from the roadway; and
12
(D) any additional information the autonomous
13
vehicle operator deems necessary regarding hazardous
14
conditions or public safety risks associated with the
15
operation of the highly automated vehicle;
16
(2) a first responder and firefighting plan, which
17
shall include:
18
(A) schematics showing the routing of electrical
19
cables throughout the vehicle which may cause death or
20
serious injury if contact is made with them while
21
energized;
22
(B) information regarding the chemical composition
23
and location of any battery storage present on the
24
vehicle along with hazards presented by those
25
batteries;
26
(C) step-by-step instructions on how to disconnect
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and render electrical cables safe if possible, or a
2
warning if it is not possible; and
3
(D) the recommended extinguishing agent for
4
suppressing any fire that originates from or
5
encompasses the vehicle.
6
(d) The highly automated vehicle must meet safety
7
standards set forth for passenger vehicles by the National
8
Highway Traffic Safety Administration, and emissions
9
requirements set forth by the United States Environmental
10
Protection Agency.
11
(e) An autonomous vehicle operator must publish the
12
following on a public information portal prior to applying for
13
participation in an automated vehicle pilot project:
14
(1) a contact form or contact information that allows
15
any law enforcement agency in this State to contact the
16
autonomous vehicle operator and receive a copy of all law
17
enforcement interaction plans that pertain to highly
18
automated vehicles which the autonomous vehicle operator
19
intends to operate in this State; and
20
(2) all first responder and firefighting plans that
21
pertain to highly automated vehicles which the autonomous
22
vehicle operator intends to operate in this State.
23
Section 15.
Application for participation in an automated
24
vehicle pilot project.
25
(a) An autonomous vehicle operator shall submit the
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following to the Secretary of State for each highly automated
2
vehicle that the autonomous vehicle operator intends to
3
operate:
4
(1) a written description of the highly automated
5
vehicle that includes, but is not limited to,
6
manufacturer, model, model year, color, gross vehicle
7
weight, the maximum number of passengers the vehicle will
8
carry, and the name and version number of the software of
9
the automated driving system;
10
(2) a written statement acknowledging all of the
11
following:
12
(A) when required by federal law, the highly
13
automated vehicle is in compliance with all applicable
14
federal laws and federal motor vehicle safety
15
standards and bears the required certification labels,
16
including reference to any applicable exemption
17
granted by the National Highway Traffic Safety
18
Administration;
19
(B) if a failure of the automated driving system
20
occurs that renders that system unable to perform the
21
entire dynamic driving task relevant to its intended
22
operational design domain, the vehicle will achieve a
23
minimal risk condition, which is a stable, stopped
24
condition to which an employee of the autonomous
25
vehicle operator or an automated driving system may
26
bring a vehicle in order to reduce the risk of a crash;
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(C) the highly automated vehicle is capable of
2
complying with all applicable traffic and motor
3
vehicle safety laws and the autonomous vehicle
4
operator will be issued a traffic citation or other
5
applicable penalty if the vehicle fails to comply with
6
applicable traffic or motor vehicle laws when the
7
automated driving system is engaged;
8
(D) when the highly automated vehicle is under the
9
control of an employee or representative of the
10
autonomous vehicle operator, and is physically present
11
in the vehicle, the employee or representative will be
12
issued a traffic citation or other applicable penalty
13
if the vehicle fails to comply with applicable traffic
14
or motor vehicle laws; and
15
(E) if the highly automated vehicle is involved in
16
a crash, the autonomous vehicle operator shall be
17
considered the financially responsible party for all
18
liability issues and insurance settlement processes,
19
regardless of whether the automated driving system was
20
engaged;
21
(3) proof of comprehensive automotive insurance
22
listing the autonomous vehicle operator as the covered
23
party with minimum coverage amounts of $3,000,000 per
24
instance of personal injury up to $6,000,000 overall and
25
$1,000,000 per instance of property damage up to
26
$2,000,000 overall;
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(4) a description of the desired operational design
2
domain for the automated vehicle pilot project, including,
3
but not limited to:
4
(A) a full description via boundary coordinates
5
and illustrated map of the desired geographic
6
boundaries in which the highly automated vehicle will
7
operate. These boundaries must fall entirely within
8
Cook, St. Clair, and Madison Counties;
9
(B) the desired weekly schedule of operation of
10
the highly automated vehicle, specifying start and
11
finish each day of a standard 7-day week;
12
(C) the desired weather conditions that the highly
13
automated vehicle would operate in, including cloud
14
cover, wind speed, and precipitation types and
15
amounts;
16
(D) the maximum speed at which the highly
17
automated vehicle will operate; and
18
(E) the type of roadways that the highly automated
19
vehicle will operate on, including descriptions of the
20
type of road along with the surface conditions and
21
maximum camber of roadway;
22
(5) the preferred start date and end date of the
23
automated vehicle pilot project; and
24
(6) an application fee of $2,500 payable to the
25
Secretary of State.
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Section 20.
Review committee.
2
(a) The Department of Transportation shall form a standing
3
review committee and develop administrative rules to
4
facilitate the review committee's operation. The review
5
committee shall meet at least once per month once the members
6
have all been seated. Membership shall consist of the
7
following:
8
(1) 2 members from the Department of Transportation,
9
appointed by Department of Transportation staff;
10
(2) 2 members from the Secretary of State, appointed
11
by Secretary of State staff;
12
(3) one member from the Illinois State Police,
13
appointed by the Director of the Illinois State Police;
14
(4) one member from an alliance representing the
15
automotive industry, appointed by the Department of
16
Transportation via an application process that shall only
17
be open to such alliances;
18
(5) one member from an association representing
19
bicyclists and pedestrians, appointed by the Department of
20
Transportation via an application process that shall only
21
be open to such associations;
22
(6) one member from a State motorcycle rights
23
organization, appointed by the Department of
24
Transportation via an application process that shall only
25
be open to such organizations;
26
(7) one member from a public transit labor union,
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appointed by the Department of Transportation via an
2
application process that shall only be open to such
3
unions;
4
(8) one member from a transportation union
5
representing CDL drivers, appointed by the Department of
6
Transportation via an application process that shall only
7
be open to such unions; and
8
(9) one member from an organization representing
9
trucking companies, appointed by the Department of
10
Transportation via an application process that shall only
11
be open to such organizations.
12
(b) The review committee shall review all applications for
13
participation in an automated vehicle pilot project sent to
14
the review committee by the Secretary of State and return a
15
recommendation within 60 days for approval or denial of the
16
application in whole, or approval of the application with a
17
recommended modification of the operational design domain.
18
(c) The review committee shall review all incident reports
19
sent to them by autonomous vehicle operators and make
20
recommendations to the Secretary of State as to any corrective
21
actions, up to and including suspension, that may need to be
22
taken on affected permits to participate in an automated
23
vehicle pilot project.
24
(d) The Department of Transportation shall maintain an
25
email address for the public to submit complaints about the
26
operation of highly automated vehicles in this State,
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1
including any photos or videos they wish to submit.
2
(e) The review committee shall review complaints submitted
3
by the public and make recommendations to the Secretary of
4
State as to any corrective actions, up to and including
5
revocation, that may need to be taken on affected permits to
6
participate in an automated vehicle pilot project.
7
Section 25.
Testing, permit approval, suspension,
8
reinstatement, and revocation.
9
(a) The Secretary of State shall develop a driving test to
10
evaluate the capability of highly automated vehicles to safely
11
operate on State roads. The test shall have similar standards
12
to the testing required to qualify for a Class D driver's
13
license and be conducted in a manner that reduces the risk to
14
human life either through a closed-circuit course or tightly
15
controlled on-road test with the ability to shut the vehicle
16
down instantly.
17
(b) The Secretary of State may issue a permit for an
18
autonomous vehicle operator to participate in an automated
19
vehicle pilot project after the following conditions are met:
20
(1) the highly automated vehicle described in the
21
application for permit has successfully completed a
22
driving test developed by the Secretary of State under
23
subsection (a) and the automated driving system was
24
engaged for the duration of the test; and
25
(2) the Secretary of State has received a
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recommendation to approve the application for a permit to
2
participate in an automated vehicle pilot project either
3
in whole or with modifications to the operational design
4
domain.
5
(c) A permit to participate in an automated vehicle pilot
6
project shall at least include the following:
7
(1) a unique permit number to be filed and tracked by
8
the Secretary of State;
9
(2) the description of the highly automated vehicle as
10
submitted by the autonomous vehicle operator;
11
(3) a description of the operational design domain as
12
recommended by the review committee; and
13
(4) a unique number to be displayed on the highly
14
automated vehicle consisting of at least one letter and 4
15
numbers.
16
(d) The Secretary of State shall suspend an autonomous
17
vehicle operator's permit to participate in an automated
18
vehicle pilot project when any of the following conditions are
19
met:
20
(1) the Secretary of State, the Illinois State Police,
21
or the Department of Transportation has determined the
22
continued operation of the highly automated vehicle under
23
the conditions of the permit pose a hazard to public
24
safety; or
25
(2) a recommendation to suspend the permit has been
26
received from the review committee.
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(e) The Secretary of State shall provide a notice
2
suspending the permit to participate in an automated vehicle
3
pilot project to the autonomous vehicle operator which shall
4
include a brief summary of the determination and evidence
5
supporting the determination.
6
(f) An autonomous vehicle operator shall have 30 days from
7
the receipt of a notice of suspension to ensure that the issues
8
identified in the notice are corrected and provide to the
9
Secretary of State, in the form and manner prescribed by the
10
Secretary of State, a certification acknowledging that the
11
issues identified in the notice have been corrected. A
12
certification provided under this subsection must include an
13
explanation of how the issues identified by the notice have
14
been corrected, such as identifying specific adjustments made
15
to the automated driving system or repairs made to the highly
16
automated vehicle.
17
(g) If the autonomous vehicle operator fails to correct
18
the issues within the 30-day timeframe, or if the Secretary of
19
State determines that the corrective actions taken are
20
insufficient, then the permit to participate in an automated
21
vehicle pilot project is revoked. Such determinations may be
22
made with or without recommendations from the review
23
committee.
24
(h) If the Secretary of State determines that the
25
corrective actions taken by the autonomous vehicle operator
26
are sufficient, then the permit to participate in an automated
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vehicle pilot project is reinstated. Such determinations may
2
be made with or without recommendations from the review
3
committee.
4
(i) If a permit to participate in an automated vehicle
5
pilot project is suspended more than 2 times during its
6
duration, then the permit is revoked.
7
(j) Operation of a highly automated vehicle without a
8
valid permit to participate in an automated vehicle pilot
9
project shall result in the revocation of all of the
10
autonomous vehicle operator's permits to participate in an
11
automated vehicle pilot project and prohibits the autonomous
12
vehicle operator from being issued a new permit for at least 18
13
months.
14
Section 30.
Automated vehicle pilot project commencement;
15
operation.
16
(a) An automated vehicle pilot project may be commenced by
17
an autonomous vehicle operator after the start date listed on
18
the permit to participate in an automated vehicle pilot
19
project, and during the times specified by the operational
20
design domain on the permit.
21
(b) An autonomous vehicle operator may engage in multiple
22
automated vehicle pilot projects as long as the autonomous
23
vehicle operator has a valid permit for each project.
24
(c) A highly automated vehicle operated under the terms of
25
a valid permit to participate in an automated vehicle pilot
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project shall display the unique number described in paragraph
2
(4) of subsection (c) of Section 25 in black vinyl or painted
3
lettering at least 1.5 inches in height in a conspicuous spot
4
on the vehicle above the right front tire, rear left tire, and
5
on the rear of the vehicle at least 36 inches above the ground.
6
(d) An autonomous vehicle operator may charge fees to
7
members of the public for passenger trips made in connection
8
with each automated vehicle pilot project.
9
(e) Operation of a highly automated vehicle outside of the
10
operational design domain described on the permit to
11
participate in an automated vehicle pilot project shall result
12
in revocation of the permit.
13
(f) A copy of the permit to participate in an automated
14
vehicle pilot project must be present in the highly automated
15
vehicle and available for inspection by law enforcement.
16
Section 35.
Required reporting and data sharing.
17
(a) An autonomous vehicle operator shall publish a list of
18
each highly automated vehicle under the autonomous vehicle
19
operator's operation which is operating under the conditions
20
of a permit to participate in an automated vehicle pilot
21
project on a public information portal. The first publishing
22
of a vehicle's information must occur within 3 days of the
23
start date of the permit and then updated on a semi-monthly
24
basis afterward. The list shall remain published after the end
25
date listed on the permit to participate in an automated
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vehicle pilot project and shall include:
2
(1) a description of the highly automated vehicle
3
covered by each permit, including the color, model year,
4
manufacturer, model, unique number assigned under
5
paragraph (4) of subsection (c) of Section 25, and a
6
picture of the vehicle;
7
(2) the odometer reading of the vehicle at the
8
beginning of operation under the permit to participate in
9
an automated vehicle pilot project, and the current
10
odometer reading taken within the last 14 days;
11
(3) the number of crashes the vehicle has been
12
involved in to date;
13
(4) the number of incidents as defined in subsection
14
(b) that the vehicle has been involved in to date;
15
(5) the current software title and version number
16
being used to serve as part of the automated driving
17
system; and
18
(6) a description of the operational design domain as
19
listed on the permit to participate in an automated
20
vehicle pilot project.
21
(b) An autonomous vehicle operator shall publish an
22
incident report to the public information portal within 5 days
23
and send a copy of the report to the Secretary of State and the
24
review committee within 5 days each time one of the following
25
occurs:
26
(1) The autonomous driving system on the highly
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1
automated vehicle is disengaged due to intervention of
2
operators either present in the vehicle or remotely.
3
Disengagements that occur to facilitate vehicle
4
maintenance and storage do not apply to this Section.
5
(2) The highly automated vehicle is placed in a
6
minimum risk condition. The incident report shall include
7
a description of the vehicle as listed in paragraph (1) of
8
subsection (a), the odometer reading of the vehicle at the
9
time of the incident, a description of the events that
10
caused the incident, a description of actions and
11
revisions taken by the autonomous vehicle operator to
12
mitigate a repeat of the incident, and the current
13
software title and version number being used to serve as
14
part of the automated driving system at the time of the
15
incident.
16
(c) An autonomous vehicle operator shall publish a crash
17
report to the public information portal within 5 days and send
18
a copy of the report to the Secretary of State and the review
19
committee within 5 days each time the highly automated vehicle
20
is involved in a crash. The crash report shall include a
21
description of the vehicle as listed in paragraph (1) of
22
subsection (a), the odometer reading of the vehicle at the
23
time of the crash, a description of the events that caused the
24
crash, a description of actions and revisions taken by the
25
autonomous vehicle operator to mitigate future crashes, the
26
current software title and version number being used to serve
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as part of the automated driving system at the time of the
2
crash, and a description of other property, mammals, reptiles,
3
or vehicles involved in the crash. If the crash involved
4
another vehicle, the description shall include the model year,
5
manufacturer, model, and type of vehicle involved.
6
(d) When a highly automated vehicle covered by this Act is
7
involved in a crash, the autonomous vehicle operator shall
8
publish to the public information portal:
9
(1) a video file showing all video captured by the
10
cameras on the vehicle for a period of time beginning 15
11
minutes prior to the crash and ending 30 minutes after the
12
crash. The video shall be titled with the date of the crash
13
and the unique number of the highly automated vehicle as
14
required in paragraph (4) of subsection (c) of Section 25;
15
and
16
(2) a video representation of all sensor data used in
17
detecting other objects, vehicles, and persons. The video
18
shall clearly show when an object, vehicle, or person is
19
detected or not detected. The video shall begin at least
20
15 minutes prior to the crash and end no sooner than 30
21
minutes after the crash. The video shall be titled with
22
the date of the crash and the unique number of the highly
23
automated vehicle as required in paragraph (4) of
24
subsection (c) of Section 25.
25
(e) When a highly automated vehicle covered by this Act is
26
involved in a crash which results in damage to property or
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personal injury, the autonomous vehicle operator shall provide
2
the following to the owner of the property, the person who has
3
been injured, or the owner's or person's representative:
4
(1) a video file showing all video captured by the
5
cameras on the vehicle for a period of one hour prior to
6
the crash and ending one hour after the crash;
7
(2) a video representation of all sensor data used in
8
detecting other objects, vehicles, and persons. The video
9
shall clearly show when an object, vehicle, or person is
10
detected or not detected. The video shall begin at least
11
one hour prior to the crash and end no sooner than one hour
12
after the crash; and
13
(3) a sworn statement that both videos accurately
14
portray the events leading up to and after the crash and
15
the data involved has not been manipulated beyond what was
16
necessary to provide the videos.
17
Section 40.
Evaluation data.
18
(a) As part of and to further the purposes of an automated
19
vehicle pilot project, an autonomous vehicle operator is
20
explicitly authorized to process evaluation data. An
21
autonomous vehicle operator shall implement, maintain, and
22
enforce for as long as the automated vehicle pilot project is
23
in effect or as long as an autonomous vehicle operator stores
24
or otherwise processes evaluation data, whichever is later,
25
appropriate technical and organizational measures to ensure a
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level of security appropriate to the risks presented by the
2
processing of the evaluation data.
3
(b) An autonomous vehicle operator is not allowed to sell
4
or share any evaluation data to any party, nor is an autonomous
5
vehicle operator allowed to use it for any purpose other than
6
developing an autonomous vehicle operator's own automated
7
driving systems.
8
(c) An autonomous vehicle operator is not allowed to
9
provide access to an autonomous vehicle operator's sensor or
10
camera feeds to any law enforcement, federal agency, third
11
party, business, or other entity except as provided for in
12
this Section.
13
(d) An autonomous vehicle operator shall publish
14
evaluation data as needed to satisfy the requirements of
15
Section 35. This data must have any identifying features and
16
information of other parties either blurred or redacted.
17
(e) All data gathered and processed under this Act shall
18
comply with existing State laws governing data security and
19
privacy rights.
20
Section 45.
Exclusive regulation.
This Act exclusively
21
governs the operation of automated vehicle pilot projects in
22
this State.
23
Section 50.
Repeal.
This Act is repealed on January 1,
24
2030.
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Section 99.
Effective date.
This Act takes effect upon
2
becoming law.
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