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1 AN ACT concerning business.
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 Artificial Intelligence Safety Measures Act.
6 Section 5. Definitions. As used in this Act:
7 "Affiliate" means a person controlling, controlled by, or
8 under common control with a specified person, directly or
9 indirectly, through one or more intermediaries.
10 "Agency" means the Illinois Emergency Management Agency
11 and Office of Homeland Security.
12 "Artificial intelligence" or "AI" has the meaning ascribed
13 to the term "artificial intelligence" in Section 5 of the
14 Digital Voice and Likeness Protection Act. "Artificial
15 intelligence" or "AI" includes generative artificial
16 intelligence.
17 "Catastrophic risk" means a foreseeable and material risk
18 that a frontier developer's development, storage, use, or
19 deployment of a frontier model will materially contribute to
20 the death of, or serious injury to, more than 50 people or more
21 than $1,000,000,000 in damage to, or loss of, property arising
22 from a single incident involving a frontier model doing any of
23 the following:
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1 (1) providing expert-level assistance in the creation
2 or release of a chemical, biological, radiological, or
3 nuclear weapon;
4 (2) engaging in conduct with no meaningful human
5 oversight, intervention, or supervision that is either a
6 cyberattack or, if the conduct had been committed by a
7 human, would constitute the crime of murder, assault,
8 extortion, or theft, including theft by false pretense; or
9 (3) evading the control of its frontier developer or
10 user.
11 "Catastrophic risk" does not include a foreseeable and
12 material risk from any of the following:
13 (1) information that a frontier model outputs if the
14 information is otherwise publicly accessible in a
15 substantially similar form from a source other than a
16 foundation model;
17 (2) lawful activity of the federal government; or
18 (3) harm caused by a frontier model in combination
19 with other software if the frontier model did not
20 materially contribute to the harm.
21 "Covered employee" means an employee responsible for
22 assessing, managing, or addressing the risk of critical safety
23 incidents.
24 "Critical safety incident" means any of the following:
25 (1) unauthorized access to, modification of, or
26 exfiltration of, the model weights of a frontier model
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1 that results in death or bodily injury;
2 (2) harm resulting from the materialization of a
3 catastrophic risk;
4 (3) loss of control of a frontier model causing death
5 or bodily injury; or
6 (4) a frontier model that uses deceptive techniques
7 against the frontier developer to subvert the controls or
8 monitoring of its frontier developer outside of the
9 context of an evaluation designed to elicit this behavior
10 and in a manner that demonstrates materially increased
11 catastrophic risk.
12 "Deploy" means to make a frontier model available to a
13 third party for use, modification, copying, or combination
14 with other software. "Deploy" does not include making a
15 frontier model available to a third party for the primary
16 purpose of researching, developing, or evaluating the frontier
17 model.
18 "Foundation model" means an artificial intelligence model
19 that is all of the following:
20 (1) trained on a broad data set;
21 (2) designed for generality of output; and
22 (3) adaptable to a wide range of distinctive tasks.
23 "Frontier AI framework" means documented technical and
24 organizational protocols to manage, assess, and mitigate
25 catastrophic risks.
26 "Frontier developer" means a person who trains, or
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1 initiates the training of, a frontier model using computing
2 power that meets the technical specifications set forth in the
3 definition of "frontier model".
4 "Frontier model" means a foundation model that was trained
5 using a quantity of computing power greater than 1026 integer
6 or floating-point operations. The quantity of computing power
7 described in this definition shall include computing for the
8 original training run and for any subsequent fine-tuning,
9 reinforcement learning, or other material modifications the
10 developer applies to a preceding foundation model.
11 "Large frontier developer" means a frontier developer
12 that, together with its affiliates, collectively had annual
13 gross revenues in excess of $500,000,000 in the preceding
14 calendar year.
15 "Model weight" means a numerical parameter in a frontier
16 model that is adjusted through training and that helps
17 determine how inputs are transformed into outputs.
18 "Person" means an individual, proprietorship, firm,
19 partnership, joint venture, syndicate, business, trust,
20 company, corporation, limited liability company, association,
21 committee, or any other nongovernmental organization or group
22 of persons acting in concert.
23 "Property" means tangible or intangible property.
24 Section 10. Frontier AI framework.
25 (a) Beginning January 1, 2028, a large frontier developer
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1 shall write, implement, comply with, and clearly and
2 conspicuously publish on its website a frontier AI framework
3 that applies to the large frontier developer's frontier models
4 and describes how the large frontier developer approaches all
5 of the following:
6 (1) incorporating national standards, international
7 standards, and industry-consensus best practices into its
8 frontier AI framework;
9 (2) defining and assessing thresholds used by the
10 large frontier developer to identify and assess whether a
11 frontier model has capabilities that could pose a
12 catastrophic risk, which may include multiple-tiered
13 thresholds;
14 (3) applying mitigations to address the potential for
15 catastrophic risks based on the results of assessments
16 undertaken pursuant to paragraph (2);
17 (4) reviewing assessments and adequacy of mitigations
18 as part of the decision to deploy a frontier model or use
19 it extensively internally;
20 (5) using third parties to assess the potential for
21 catastrophic risks and the effectiveness of mitigations of
22 catastrophic risks;
23 (6) revisiting and updating the frontier AI framework,
24 including any criteria that trigger updates and how the
25 large frontier developer determines when its frontier
26 models are substantially modified enough to require
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1 disclosures pursuant to subsection (c);
2 (7) cybersecurity practices to secure unreleased model
3 weights from unauthorized modification or transfer by
4 internal or external parties;
5 (8) identifying and responding to critical safety
6 incidents;
7 (9) instituting internal governance practices to
8 ensure implementation of these processes; and
9 (10) assessing and managing catastrophic risk
10 resulting from the internal use of its frontier models,
11 including risks resulting from a frontier model
12 circumventing oversight mechanisms.
13 (b)(1) A large frontier developer shall review and, as
14 appropriate, update its frontier AI framework at least once
15 per year.
16 (2) If a large frontier developer makes a material
17 modification to its frontier AI framework, the large frontier
18 developer shall clearly and conspicuously publish on its
19 website the modified frontier AI framework and a justification
20 for that modification within 30 days.
21 (c)(1) Before, or concurrently with, deploying a new
22 frontier model or a substantially modified version of an
23 existing frontier model, a frontier developer shall clearly
24 and conspicuously publish on its website a transparency report
25 containing all of the following:
26 (A) the website of the frontier developer;
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1 (B) a mechanism that enables a natural person to
2 communicate with the frontier developer;
3 (C) the release date of the frontier model;
4 (D) the languages supported by the frontier model;
5 (E) the modalities of output supported by the
6 frontier model;
7 (F) the intended uses of the frontier model; and
8 (G) any generally applicable restrictions or
9 conditions on uses of the frontier model.
10 (2) Before, or concurrently with, deploying a new frontier
11 model or a substantially modified version of an existing
12 frontier model, a large frontier developer shall include in
13 the transparency report required by paragraph (1) of this
14 subsection (c) summaries of all of the following:
15 (A) assessments of catastrophic risks from the
16 frontier model conducted pursuant to the large
17 frontier developer's frontier AI framework;
18 (B) the results of the assessments under
19 subparagraph (A);
20 (C) the extent to which third-party evaluators
21 were involved; and
22 (D) other steps taken to fulfill the requirements
23 of the frontier AI framework with respect to the
24 frontier model.
25 (3) All summaries required under paragraph (2) shall be
26 provided in a machine-readable format to facilitate
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1 verification of model claims.
2 (4) A frontier developer that publishes the information
3 described in paragraph (1) or (2) as part of a larger document,
4 including a system card or model card, shall be deemed in
5 compliance with the applicable paragraph.
6 (5) A frontier developer is encouraged, but not required,
7 to make disclosures described in this subsection (c) that are
8 consistent with, or superior to, industry best practices.
9 (d) Beginning on January 1, 2028 or 90 days after a
10 developer first qualifies as a large frontier developer,
11 whichever is later, a large frontier developer shall annually
12 retain a third party to perform an independent audit of
13 compliance with the requirements of this Section. The third
14 party shall conduct audits consistent with generally accepted
15 auditing standards and best practices and shall possess
16 demonstrated competence to perform the audit, including
17 experience employing or contracting with individuals who
18 possess technical expertise in the safety of frontier models.
19 A large frontier developer shall not retain a third party if
20 either the large frontier developer or the third party has a
21 financial interest in the other party. A large frontier
22 developer may compensate a third party for its services but
23 shall not condition any payment or the amount of any payment on
24 the results of the third party's audit.
25 (1) The third party shall be granted access to all
26 materials reasonably necessary to comply with the third
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1 party's obligations under this subsection (d), including,
2 but not limited to, all unredacted versions of materials
3 published pursuant to this Act. To protect the frontier
4 developer's trade secrets and confidential business
5 information, cybersecurity, national security of the
6 United States, or public safety, a large frontier
7 developer may impose security protocols on the third
8 party, including, but not limited to, restrictions on note
9 taking, copying, retaining, or removing materials;
10 requirements for on-premise review; and confidentiality
11 requirements.
12 (2) The third party shall produce a report that
13 includes all of the following:
14 (A) a description of whether the large frontier
15 developer has substantially complied with the
16 requirements of this Section;
17 (B) if applicable, a description of material
18 deviations from the requirements of this Section, an
19 explanation of any deviation and its rationale, and
20 any recommendations for how the developer can improve
21 its policies and processes for ensuring compliance
22 with the requirements of this Section;
23 (C) a detailed assessment of the large frontier
24 developer's internal controls, including its
25 designation and empowerment of senior personnel
26 responsible for such implementation by the large
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1 frontier developer, its employees, and its
2 contractors;
3 (D) a list of the personnel involved in the audit;
4 (E) the third party's procedures for managing
5 conflicts of interest and any conflicts of interest of
6 any personnel involved in the audit;
7 (F) the methodology of the audit and the nature of
8 the information reviewed by the third party to conduct
9 the audit; and
10 (G) the signature of the lead auditor certifying
11 the results of the audit.
12 (3) The large frontier developer shall retain an
13 unredacted copy of the report for as long as a frontier
14 model is deployed plus 5 years.
15 (4)(A) No later than 30 days after receiving the audit
16 report, the large frontier developer shall conspicuously
17 publish on its website a high-level summary of the audit
18 findings and a copy of the third party's report with
19 appropriate redactions and transmit a copy of the redacted
20 report to the Agency and the Attorney General.
21 (B) The large frontier developer shall grant the
22 Agency and the Attorney General access to the third
23 party's report, with redactions, upon request, subject to
24 the redactions permitted under subsection (g).
25 (e) A large frontier developer shall transmit to the
26 Agency a summary of any assessment of catastrophic risk
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1 resulting from internal use of its frontier models every 3
2 months or pursuant to another reasonable schedule specified by
3 the large frontier developer and communicated in writing to
4 the Agency and the Attorney General with written updates, as
5 appropriate and agreed upon by the Agency.
6 (f)(1) A frontier developer shall not make a materially
7 false or misleading statement about catastrophic risk from its
8 frontier models or its management of catastrophic risk.
9 A large frontier developer shall not make a materially
10 false or misleading statement about its implementation of, or
11 compliance with, its frontier AI framework.
12 (2) This subsection (f) does not apply to a statement that
13 was made in good faith and was reasonable under the
14 circumstances.
15 (g)(1) When a frontier developer publishes documents to
16 comply with this Section, the frontier developer may make
17 redactions to those documents that are necessary to protect
18 the frontier developer's trade secrets, the frontier
19 developer's cybersecurity, public safety, or the national
20 security of the United States or to comply with any federal or
21 State law.
22 (2) If a frontier developer redacts information in a
23 document pursuant to this subsection (g), the frontier
24 developer shall describe the character and justification of
25 the redaction in any published version of the document to the
26 extent permitted by the concerns that justify redaction and
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1 shall retain the unredacted information for 5 years.
2 Section 15. Reporting critical safety incidents.
3 (a) The Agency, in consultation with the Attorney General,
4 shall establish a mechanism to be used by a frontier developer
5 or a member of the public to report a critical safety incident
6 that includes all of the following:
7 (1) the date of the critical safety incident;
8 (2) the reasons the incident qualifies as a critical
9 safety incident;
10 (3) a short and plain statement describing the
11 critical safety incident; and
12 (4) whether the incident was associated with internal
13 use of a frontier model.
14 (b)(1) The Agency, in consultation with the Attorney
15 General, shall establish a mechanism to be used by a large
16 frontier developer to confidentially submit summaries of any
17 assessments of the potential for catastrophic risk resulting
18 from internal use of its frontier models.
19 (2) The Agency and the Attorney General shall take all
20 necessary precautions to limit access to any reports related
21 to internal use of frontier models to only personnel with a
22 specific need to know the information and to protect the
23 reports from unauthorized access.
24 (c) A frontier developer shall report any critical safety
25 incident pertaining to one or more of its frontier models to
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1 the Agency and the Attorney General within 72 hours of the
2 frontier developer learning facts sufficient to establish a
3 reasonable belief that a critical safety incident has
4 occurred. The disclosure shall include: (i) the date of the
5 critical safety incident; (ii) the reasons the incident
6 qualifies as a critical safety incident as defined in this
7 Act; and (iii) a short and plain statement describing the
8 critical safety incident. If a frontier developer discovers
9 that a critical safety incident poses an imminent risk of
10 death or serious physical injury, the frontier developer shall
11 disclose that incident within 24 hours to an authority,
12 including any law enforcement agency or public safety agency
13 with jurisdiction, that is appropriate based on the nature of
14 that incident and as required by law. A frontier developer
15 that discovers information about a critical safety incident
16 after filing the initial report required by this subsection
17 (c) may file an amended report. A frontier developer is
18 encouraged, but not required, to report critical safety
19 incidents pertaining to foundation models that are not
20 frontier models.
21 (d) The Agency and the Attorney General shall review
22 critical safety incident reports submitted by frontier
23 developers and may review reports submitted by members of the
24 public.
25 (e) The Attorney General or the Agency may transmit
26 reports of critical safety incidents to the General Assembly,
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1 the Governor, the federal government, or appropriate State
2 agencies. The Attorney General and the Agency shall strongly
3 consider any risks related to trade secrets, public safety,
4 cybersecurity of a frontier developer, or national security
5 when transmitting reports.
6 (f) The following records are exempt from disclosure under
7 the Freedom of Information Act:
8 (1) any report of a critical safety incident submitted
9 to the Agency or the Attorney General;
10 (2) any report of an assessment of catastrophic risk
11 from internal use under subsection (e) of Section 10;
12 (3) any unredacted version of the third party audit
13 report produced under subsection (d) of Section 10 in the
14 possession of the Agency or the Attorney General;
15 (4) any materials, work papers, notes, or derivative
16 documents prepared by a third party in connection with an
17 audit under subsection (d) of Section 10, to the extent
18 such materials come into the possession of the Agency or
19 the Attorney General; and
20 (5) any covered employee report made under Section 30.
21 (g)(1) By January 1, 2029, and by each January 1
22 thereafter, the Agency, in consultation with the Attorney
23 General, shall produce a report that includes the following:
24 (A) anonymized and aggregated information about
25 critical safety incidents that have been reviewed by the
26 Agency or the Attorney General since the preceding report;
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1 (B) information that the Agency deems relevant to
2 frontier model safety;
3 (C) recommended updates to this Act, if any; and
4 (D) any developments relevant to the purposes of this
5 Act.
6 (2) The Agency and the Attorney General shall not include
7 information in a report that would compromise the trade
8 secrets or cybersecurity of a frontier developer, public
9 safety, or the national security of the United States or that
10 would be prohibited by any federal or State law.
11 (3) The Agency, in consultation with the Attorney General,
12 shall transmit the report under this subsection (g) to the
13 General Assembly and to the Governor.
14 Section 17. Interoperability.
15 (a) The Agency, in consultation with the Attorney General,
16 shall designate on its website a declaration process and one
17 or more federal laws, regulations, or guidance documents that
18 meet all of the following conditions for the purposes of
19 subsection (b):
20 (1) the law, regulation, or guidance document imposes
21 or states standards or requirements for critical safety
22 incident reporting that are substantially equivalent to,
23 or stricter than, those required by this Act;
24 (2) the law, regulation, or guidance document
25 described in paragraph (1) does not need to require
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1 critical safety incident reporting to the State of
2 Illinois;
3 (3) the law, regulation, or guidance document is
4 intended to assess, detect, or mitigate the catastrophic
5 risk in ways that are substantially equivalent to this
6 Act; and
7 (4) the law, regulation, or guidance document requires
8 the large frontier developer to undergo independent
9 third-party audits of its assessment of catastrophic risks
10 and critical safety incident reporting with requirements
11 that are substantially equivalent to, or stricter than,
12 those required by this Act.
13 (b)(1) A frontier developer that intends to comply with
14 this Act by complying with the requirements of, or meeting the
15 standards stated by, a federal law, regulation, or guidance
16 document designated in subsection (a) shall declare its intent
17 to do so to the Agency by following the process outlined on the
18 Agency's website.
19 (2) After a frontier developer has declared its intent
20 pursuant to paragraph (1), both of the following apply:
21 (A) the frontier developer shall be deemed in
22 compliance with this Act to the extent that the frontier
23 developer meets the standards of, or complies with the
24 requirements imposed or stated by, the designated federal
25 law, regulation, or guidance document until the frontier
26 developer declares the revocation of that intent to the
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1 Agency in the manner provided for on the Agency's website;
2 and
3 (B) the failure by a frontier developer to meet the
4 standards of, or comply with the requirements stated by,
5 the federal law, regulation, or guidance document
6 designated pursuant to subsection (a) shall constitute a
7 violation of this Act.
8 (c) The Agency shall issue updated guidance documents on
9 its website if the requirements of subsection (a) are no
10 longer met.
11 Section 18. Large frontier developer disclosure.
12 (a) Except as otherwise provided in this Section,
13 beginning January 1, 2027, no large frontier developer may
14 develop, deploy, or operate a frontier model, in whole or in
15 part in this State, without having a current disclosure
16 statement filed with the Agency and paying the required fee.
17 (b) The disclosure statement shall be filed in the form
18 and the manner prescribed by the Agency on the Agency's
19 website and shall contain all the information required by the
20 Agency. It shall be renewed annually, whenever ownership of
21 the frontier model is transferred or whenever there is a
22 material change to the information reported in the previously
23 filed disclosure statement, whichever occurs earlier.
24 (c) The disclosure statement shall identify:
25 (1) the identity of the large frontier developer and
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1 all names under which such large frontier developer
2 conducts business;
3 (2) the address of the principal place of business and
4 the address of each office the large frontier developer
5 maintains in this State;
6 (3) in the event the large frontier developer or the
7 ultimate parent of the large frontier developer is a
8 privately or closely held company, a list of all persons
9 or entities that beneficially own a 5% or greater interest
10 in the large frontier developer at the time the disclosure
11 statement is filed and a list of persons who formerly
12 beneficially owned a 5% or greater interest in the owner
13 or its predecessors in the preceding 5 years; in the event
14 the owner or the ultimate parent is a publicly traded
15 company, the owner shall file a list of all persons or
16 entities that beneficially own a 50% or greater interest
17 in the large frontier developer at the time of disclosure;
18 and
19 (4) the name and contact information of a point of
20 contact, secondary contact, and tertiary contact for the
21 large frontier developer; the point of contact shall be
22 responsible for receiving inquiries relating to this Act
23 from the Agency or other governmental entities.
24 (d) The Agency shall charge and collect fees from large
25 frontier developers for the expenses of administering this
26 Act, which shall be nonrefundable unless otherwise indicated.
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1 Each large frontier developer shall pay to the Agency its pro
2 rata share of the cost of administration of this Act, as
3 estimated by the Agency, for the current year and any deficit
4 actually incurred in the administration of the Act in prior
5 years.
6 (e) If any person develops, deploys, or operates a large
7 frontier model in this State without a current disclosure
8 filed with the Agency as required by this Section, submits
9 false information in its disclosure or fails to timely pay any
10 assessment required by this Act, in addition to any other
11 penalty or liability that may be imposed under this Act, the
12 Agency may, after notice and hearing, levy civil penalties,
13 fees, and costs as follows:
14 (1) a civil penalty of $1,000 for each day the person
15 fails to file a disclosure as required by this Section or
16 fails to correct false information; and
17 (2) an amount equal to the assessments owed.
18 (f) The Agency shall maintain and publish a list of large
19 frontier developers who have filed disclosure statements;
20 however, the publication shall not include the contact
21 information set forth in subsection (c).
22 Section 20. Whistleblower protections.
23 (a) A frontier developer shall not make, adopt, enforce,
24 or enter into a rule, regulation, policy, or contract that
25 prevents a covered employee from disclosing, or retaliates
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1 against a covered employee for disclosing, information to the
2 Agency, Attorney General, a federal authority, a person with
3 authority over the covered employee, or another covered
4 employee who has authority to investigate, discover, or
5 correct the reported issue, if the covered employee has
6 reasonable cause to believe that the information discloses
7 that:
8 (1) the frontier developer's activities pose a
9 specific and substantial danger to the public health or
10 safety resulting from a catastrophic risk; or
11 (2) the frontier developer has violated this Act.
12 (b) A frontier developer shall not enter into a contract
13 that prevents a covered employee from making a disclosure
14 protected under the Whistleblower Act.
15 (c) A covered employee may use the Attorney General's
16 Workplace Rights Hotline to make reports described in
17 subsection (a).
18 (d) A frontier developer shall provide a clear notice to
19 all covered employees of their rights and responsibilities
20 under this Section, including by doing either of the
21 following:
22 (1) at all times posting and displaying within any
23 workplace maintained by the frontier developer a notice to
24 all covered employees of their rights under this Section,
25 ensuring that any new covered employee receives equivalent
26 notice, and ensuring that any covered employee who works
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1 remotely periodically receives an equivalent notice; or
2 (2) at least once each year, providing written notice
3 to each covered employee of the covered employee's rights
4 under this Section and ensuring that the notice is
5 received and acknowledged by all of those covered
6 employees.
7 (e)(1) A large frontier developer shall provide a
8 reasonable internal process through which a covered employee
9 may anonymously disclose information to the large frontier
10 developer if the covered employee believes in good faith that
11 the information indicates that the large frontier developer's
12 activities present a specific and substantial danger to the
13 public health or safety resulting from a catastrophic risk or
14 that the large frontier developer violated this Act, including
15 a monthly update to the person who made the disclosure
16 regarding the status of the large frontier developer's
17 investigation of the disclosure and the actions taken by the
18 large frontier developer in response to the disclosure.
19 (2)(A) Except as provided in subparagraph (B), the
20 disclosures and responses of the process required by this
21 subsection (e) shall be shared with officers and directors of
22 the large frontier developer at least once each quarter.
23 (B) If a covered employee has alleged wrongdoing by an
24 officer or director of the large frontier developer in a
25 disclosure or response, subparagraph (A) shall not apply with
26 respect to that officer or director.
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1 (f) This Section does not impair or limit the
2 applicability of the Whistleblower Act, including with respect
3 to the rights of employees who are not covered employees to
4 report violations of this Act.
5 Section 25. Civil penalty.
6 (a) A large frontier developer that fails to publish or
7 transmit a compliant document required to be published or
8 transmitted under this Act, makes a statement in violation of
9 subsection (f) of Section 10, fails to have a third party
10 perform an independent audit of compliance as required by
11 subsection (d) of Section 10, fails to report a critical
12 safety incident as required by Section 15, or fails to comply
13 with its own frontier AI framework shall be subject to a civil
14 penalty in an amount dependent upon the severity of the
15 violation that does not exceed $1,000,000 for the first
16 violation. For a subsequent violation, the civil penalty may
17 not exceed $3,000,000 per violation.
18 (b) A civil penalty described in this Section shall be
19 recovered in a civil action brought exclusively by the
20 Attorney General. Any civil penalties collected from the
21 enforcement of this Act shall be deposited into the Attorney
22 General Court Ordered and Voluntary Compliance Payment
23 Projects Fund.
24 (c) The loss of value of equity does not count as damage to
25 or loss of property for the purposes of this Act.
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1 (d) Nothing in this Act shall be construed to establish a
2 private right of action associated with violations of this
3 Act.
4 Section 30. Duties and obligations. The duties and
5 obligations imposed by this Act are cumulative with any other
6 duties or obligations imposed under other law and shall not be
7 construed to relieve any party from any duties or obligations
8 imposed under other law and do not limit any rights or remedies
9 under existing law.
10 Section 35. Home rule. The regulation of artificial
11 intelligence frontier models is an exclusive power and
12 function of the State. This Section is a denial and limitation
13 of home rule powers and functions under subsection (h) of
14 Section 6 of Article VII of the Illinois Constitution.
15 Section 80. The Freedom of Information Act is amended by
16 changing Section 7.5 as follows:
17 (5 ILCS 140/7.5)
18 (Text of Section before amendment by P.A. 104-441 and
19 104-457)
20 Sec. 7.5. Statutory exemptions. To the extent provided for
21 by the statutes referenced below, the following shall be
22 exempt from inspection and copying:
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1 (a) All information determined to be confidential
2 under Section 4002 of the Technology Advancement and
3 Development Act.
4 (b) Library circulation and order records identifying
5 library users with specific materials under the Library
6 Records Confidentiality Act.
7 (c) Applications, related documents, and medical
8 records received by the Experimental Organ Transplantation
9 Procedures Board and any and all documents or other
10 records prepared by the Experimental Organ Transplantation
11 Procedures Board or its staff relating to applications it
12 has received.
13 (d) Information and records held by the Department of
14 Public Health and its authorized representatives relating
15 to known or suspected cases of sexually transmitted
16 infection or any information the disclosure of which is
17 restricted under the Illinois Sexually Transmitted
18 Infection Control Act.
19 (e) Information the disclosure of which is exempted
20 under Section 30 of the Radon Industry Licensing Act.
21 (f) Firm performance evaluations under Section 55 of
22 the Architectural, Engineering, and Land Surveying
23 Qualifications Based Selection Act.
24 (g) Information the disclosure of which is restricted
25 and exempted under Section 50 of the Illinois Prepaid
26 Tuition Act.
SB0315 Enrolled - 25 - LRB104 06438 SPS 16474 b
1 (h) Information the disclosure of which is exempted
2 under the State Officials and Employees Ethics Act, and
3 records of any lawfully created State or local inspector
4 general's office that would be exempt if created or
5 obtained by an Executive Inspector General's office under
6 that Act.
7 (i) Information contained in a local emergency energy
8 plan submitted to a municipality in accordance with a
9 local emergency energy plan ordinance that is adopted
10 under Section 11-21.5-5 of the Illinois Municipal Code.
11 (j) Information and data concerning the distribution
12 of surcharge moneys collected and remitted by carriers
13 under the Emergency Telephone System Act.
14 (k) Law enforcement officer identification information
15 or driver identification information compiled by a law
16 enforcement agency or the Department of Transportation
17 under Section 11-212 of the Illinois Vehicle Code.
18 (l) Records and information provided to a residential
19 health care facility resident sexual assault and death
20 review team or the Executive Council under the Abuse
21 Prevention Review Team Act.
22 (m) Information provided to the predatory lending
23 database created pursuant to Article 3 of the Residential
24 Real Property Disclosure Act, except to the extent
25 authorized under that Article.
26 (n) Defense budgets and petitions for certification of
SB0315 Enrolled - 26 - LRB104 06438 SPS 16474 b
1 compensation and expenses for court appointed trial
2 counsel as provided under Sections 10 and 15 of the
3 Capital Crimes Litigation Act (repealed). This subsection
4 (n) shall apply until the conclusion of the trial of the
5 case, even if the prosecution chooses not to pursue the
6 death penalty prior to trial or sentencing.
7 (o) Information that is prohibited from being
8 disclosed under Section 4 of the Illinois Health and
9 Hazardous Substances Registry Act.
10 (p) Security portions of system safety program plans,
11 investigation reports, surveys, schedules, lists, data, or
12 information compiled, collected, or prepared by or for the
13 Department of Transportation under Sections 2705-300 and
14 2705-616 of the Department of Transportation Law of the
15 Civil Administrative Code of Illinois, the Regional
16 Transportation Authority under Section 2.11 of the
17 Regional Transportation Authority Act, or the St. Clair
18 County Transit District under the Bi-State Transit Safety
19 Act (repealed).
20 (q) Information prohibited from being disclosed by the
21 Personnel Record Review Act.
22 (r) Information prohibited from being disclosed by the
23 Illinois School Student Records Act.
24 (s) Information the disclosure of which is restricted
25 under Section 5-108 of the Public Utilities Act.
26 (t) (Blank).
SB0315 Enrolled - 27 - LRB104 06438 SPS 16474 b
1 (u) Records and information provided to an independent
2 team of experts under the Developmental Disability and
3 Mental Health Safety Act (also known as Brian's Law).
4 (v) Names and information of people who have applied
5 for or received Firearm Owner's Identification Cards under
6 the Firearm Owners Identification Card Act or applied for
7 or received a concealed carry license under the Firearm
8 Concealed Carry Act, unless otherwise authorized by the
9 Firearm Concealed Carry Act; and databases under the
10 Firearm Concealed Carry Act, records of the Concealed
11 Carry Licensing Review Board under the Firearm Concealed
12 Carry Act, and law enforcement agency objections under the
13 Firearm Concealed Carry Act.
14 (v-5) Records of the Firearm Owner's Identification
15 Card Review Board that are exempted from disclosure under
16 Section 10 of the Firearm Owners Identification Card Act.
17 (w) Personally identifiable information which is
18 exempted from disclosure under subsection (g) of Section
19 19.1 of the Toll Highway Act.
20 (x) Information which is exempted from disclosure
21 under Section 5-1014.3 of the Counties Code or Section
22 8-11-21 of the Illinois Municipal Code.
23 (y) Confidential information under the Adult
24 Protective Services Act and its predecessor enabling
25 statute, the Elder Abuse and Neglect Act, including
26 information about the identity and administrative finding
SB0315 Enrolled - 28 - LRB104 06438 SPS 16474 b
1 against any caregiver of a verified and substantiated
2 decision of abuse, neglect, or financial exploitation of
3 an eligible adult maintained in the Registry established
4 under Section 7.5 of the Adult Protective Services Act.
5 (z) Records and information provided to a fatality
6 review team or the Illinois Fatality Review Team Advisory
7 Council under Section 15 of the Adult Protective Services
8 Act.
9 (aa) Information which is exempted from disclosure
10 under Section 2.37 of the Wildlife Code.
11 (bb) Information which is or was prohibited from
12 disclosure by the Juvenile Court Act of 1987.
13 (cc) Recordings made under the Law Enforcement
14 Officer-Worn Body Camera Act, except to the extent
15 authorized under that Act.
16 (dd) Information that is prohibited from being
17 disclosed under Section 45 of the Condominium and Common
18 Interest Community Ombudsperson Act.
19 (ee) Information that is exempted from disclosure
20 under Section 30.1 of the Pharmacy Practice Act.
21 (ff) Information that is exempted from disclosure
22 under the Revised Uniform Unclaimed Property Act.
23 (gg) Information that is prohibited from being
24 disclosed under Section 7-603.5 of the Illinois Vehicle
25 Code.
26 (hh) Records that are exempt from disclosure under
SB0315 Enrolled - 29 - LRB104 06438 SPS 16474 b
1 Section 1A-16.7 of the Election Code.
2 (ii) Information which is exempted from disclosure
3 under Section 2505-800 of the Department of Revenue Law of
4 the Civil Administrative Code of Illinois.
5 (jj) Information and reports that are required to be
6 submitted to the Department of Labor by registering day
7 and temporary labor service agencies but are exempt from
8 disclosure under subsection (a-1) of Section 45 of the Day
9 and Temporary Labor Services Act.
10 (kk) Information prohibited from disclosure under the
11 Seizure and Forfeiture Reporting Act.
12 (ll) Information the disclosure of which is restricted
13 and exempted under Section 5-30.8 of the Illinois Public
14 Aid Code.
15 (mm) Records that are exempt from disclosure under
16 Section 4.2 of the Crime Victims Compensation Act.
17 (nn) Information that is exempt from disclosure under
18 Section 70 of the Higher Education Student Assistance Act.
19 (oo) Communications, notes, records, and reports
20 arising out of a peer support counseling session
21 prohibited from disclosure under the First Responders
22 Suicide Prevention Act.
23 (pp) Names and all identifying information relating to
24 an employee of an emergency services provider or law
25 enforcement agency under the First Responders Suicide
26 Prevention Act.
SB0315 Enrolled - 30 - LRB104 06438 SPS 16474 b
1 (qq) Information and records held by the Department of
2 Public Health and its authorized representatives collected
3 under the Reproductive Health Act.
4 (rr) Information that is exempt from disclosure under
5 the Cannabis Regulation and Tax Act.
6 (ss) Data reported by an employer to the Department of
7 Human Rights pursuant to Section 2-108 of the Illinois
8 Human Rights Act.
9 (tt) Recordings made under the Children's Advocacy
10 Center Act, except to the extent authorized under that
11 Act.
12 (uu) Information that is exempt from disclosure under
13 Section 50 of the Sexual Assault Evidence Submission Act.
14 (vv) Information that is exempt from disclosure under
15 subsections (f) and (j) of Section 5-36 of the Illinois
16 Public Aid Code.
17 (ww) Information that is exempt from disclosure under
18 Section 16.8 of the State Treasurer Act.
19 (xx) Information that is exempt from disclosure or
20 information that shall not be made public under the
21 Illinois Insurance Code.
22 (yy) Information prohibited from being disclosed under
23 the Illinois Educational Labor Relations Act.
24 (zz) Information prohibited from being disclosed under
25 the Illinois Public Labor Relations Act.
26 (aaa) Information prohibited from being disclosed
SB0315 Enrolled - 31 - LRB104 06438 SPS 16474 b
1 under Section 1-167 of the Illinois Pension Code.
2 (bbb) Information that is prohibited from disclosure
3 by the Illinois Police Training Act and the Illinois State
4 Police Act.
5 (ccc) Records exempt from disclosure under Section
6 2605-304 of the Illinois State Police Law of the Civil
7 Administrative Code of Illinois.
8 (ddd) Information prohibited from being disclosed
9 under Section 35 of the Address Confidentiality for
10 Victims of Domestic Violence, Sexual Assault, Human
11 Trafficking, or Stalking Act.
12 (eee) Information prohibited from being disclosed
13 under subsection (b) of Section 75 of the Domestic
14 Violence Fatality Review Act.
15 (fff) Images from cameras under the Expressway Camera
16 Act and all automated license plate reader (ALPR)
17 information used and collected by the Illinois State
18 Police. "ALPR information" means information gathered by
19 an ALPR or created from the analysis of data generated by
20 an ALPR. This subsection (fff) is inoperative on and after
21 July 1, 2028.
22 (ggg) Information prohibited from disclosure under
23 paragraph (3) of subsection (a) of Section 14 of the Nurse
24 Agency Licensing Act.
25 (hhh) Information submitted to the Illinois State
26 Police in an affidavit or application for an assault
SB0315 Enrolled - 32 - LRB104 06438 SPS 16474 b
1 weapon endorsement, assault weapon attachment endorsement,
2 .50 caliber rifle endorsement, or .50 caliber cartridge
3 endorsement under the Firearm Owners Identification Card
4 Act.
5 (iii) Data exempt from disclosure under Section 50 of
6 the School Safety Drill Act.
7 (jjj) Information exempt from disclosure under Section
8 30 of the Insurance Data Security Law.
9 (kkk) Confidential business information prohibited
10 from disclosure under Section 45 of the Paint Stewardship
11 Act.
12 (lll) Data exempt from disclosure under Section
13 2-3.196 of the School Code.
14 (mmm) Information prohibited from being disclosed
15 under subsection (e) of Section 1-129 of the Illinois
16 Power Agency Act.
17 (nnn) Materials received by the Department of Commerce
18 and Economic Opportunity that are confidential under the
19 Music and Musicians Tax Credit and Jobs Act.
20 (ooo) Data or information provided pursuant to Section
21 20 of the Statewide Recycling Needs and Assessment Act.
22 (ppp) Information that is exempt from disclosure under
23 Section 28-11 of the Lawful Health Care Activity Act.
24 (qqq) Information that is exempt from disclosure under
25 Section 7-101 of the Illinois Human Rights Act.
26 (rrr) Information prohibited from being disclosed
SB0315 Enrolled - 33 - LRB104 06438 SPS 16474 b
1 under Section 4-2 of the Uniform Money Transmission
2 Modernization Act.
3 (sss) Information exempt from disclosure under Section
4 40 of the Student-Athlete Endorsement Rights Act.
5 (ttt) Audio recordings made under Section 30 of the
6 Illinois State Police Act, except to the extent authorized
7 under that Section.
8 (uuu) Information prohibited from being disclosed
9 under Section 30-5 of the Digital Assets Regulation Act.
10 (vvv) Information exempt from disclosure under
11 subsection (f) of Section 15 of the Artificial
12 Intelligence Safety Measures Act.
13 (Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 6-9-23;
14 103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff.
15 8-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592,
16 eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24;
17 103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff.
18 8-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 103-1081,
19 eff. 3-21-25; 104-10, eff. 6-16-25; 104-18, eff. 6-30-25;
20 104-417, eff. 8-15-25; 104-428, eff. 8-18-25; revised
21 9-10-25.)
22 (Text of Section after amendment by P.A. 104-457 but
23 before 104-441)
24 Sec. 7.5. Statutory exemptions. To the extent provided for
25 by the statutes referenced below, the following shall be
SB0315 Enrolled - 34 - LRB104 06438 SPS 16474 b
1 exempt from inspection and copying:
2 (a) All information determined to be confidential
3 under Section 4002 of the Technology Advancement and
4 Development Act.
5 (b) Library circulation and order records identifying
6 library users with specific materials under the Library
7 Records Confidentiality Act.
8 (c) Applications, related documents, and medical
9 records received by the Experimental Organ Transplantation
10 Procedures Board and any and all documents or other
11 records prepared by the Experimental Organ Transplantation
12 Procedures Board or its staff relating to applications it
13 has received.
14 (d) Information and records held by the Department of
15 Public Health and its authorized representatives relating
16 to known or suspected cases of sexually transmitted
17 infection or any information the disclosure of which is
18 restricted under the Illinois Sexually Transmitted
19 Infection Control Act.
20 (e) Information the disclosure of which is exempted
21 under Section 30 of the Radon Industry Licensing Act.
22 (f) Firm performance evaluations under Section 55 of
23 the Architectural, Engineering, and Land Surveying
24 Qualifications Based Selection Act.
25 (g) Information the disclosure of which is restricted
26 and exempted under Section 50 of the Illinois Prepaid
SB0315 Enrolled - 35 - LRB104 06438 SPS 16474 b
1 Tuition Act.
2 (h) Information the disclosure of which is exempted
3 under the State Officials and Employees Ethics Act, and
4 records of any lawfully created State or local inspector
5 general's office that would be exempt if created or
6 obtained by an Executive Inspector General's office under
7 that Act.
8 (i) Information contained in a local emergency energy
9 plan submitted to a municipality in accordance with a
10 local emergency energy plan ordinance that is adopted
11 under Section 11-21.5-5 of the Illinois Municipal Code.
12 (j) Information and data concerning the distribution
13 of surcharge moneys collected and remitted by carriers
14 under the Emergency Telephone System Act.
15 (k) Law enforcement officer identification information
16 or driver identification information compiled by a law
17 enforcement agency or the Department of Transportation
18 under Section 11-212 of the Illinois Vehicle Code.
19 (l) Records and information provided to a residential
20 health care facility resident sexual assault and death
21 review team or the Executive Council under the Abuse
22 Prevention Review Team Act.
23 (m) Information provided to the predatory lending
24 database created pursuant to Article 3 of the Residential
25 Real Property Disclosure Act, except to the extent
26 authorized under that Article.
SB0315 Enrolled - 36 - LRB104 06438 SPS 16474 b
1 (n) Defense budgets and petitions for certification of
2 compensation and expenses for court appointed trial
3 counsel as provided under Sections 10 and 15 of the
4 Capital Crimes Litigation Act (repealed). This subsection
5 (n) shall apply until the conclusion of the trial of the
6 case, even if the prosecution chooses not to pursue the
7 death penalty prior to trial or sentencing.
8 (o) Information that is prohibited from being
9 disclosed under Section 4 of the Illinois Health and
10 Hazardous Substances Registry Act.
11 (p) Security portions of system safety program plans,
12 investigation reports, surveys, schedules, lists, data, or
13 information compiled, collected, or prepared by or for the
14 Department of Transportation under Sections 2705-300 and
15 2705-616 of the Department of Transportation Law of the
16 Civil Administrative Code of Illinois, the Northern
17 Illinois Transit Authority under Section 2.11 of the
18 Northern Illinois Transit Authority Act, or the St. Clair
19 County Transit District under the Bi-State Transit Safety
20 Act (repealed).
21 (q) Information prohibited from being disclosed by the
22 Personnel Record Review Act.
23 (r) Information prohibited from being disclosed by the
24 Illinois School Student Records Act.
25 (s) Information the disclosure of which is restricted
26 under Section 5-108 of the Public Utilities Act.
SB0315 Enrolled - 37 - LRB104 06438 SPS 16474 b
1 (t) (Blank).
2 (u) Records and information provided to an independent
3 team of experts under the Developmental Disability and
4 Mental Health Safety Act (also known as Brian's Law).
5 (v) Names and information of people who have applied
6 for or received Firearm Owner's Identification Cards under
7 the Firearm Owners Identification Card Act or applied for
8 or received a concealed carry license under the Firearm
9 Concealed Carry Act, unless otherwise authorized by the
10 Firearm Concealed Carry Act; and databases under the
11 Firearm Concealed Carry Act, records of the Concealed
12 Carry Licensing Review Board under the Firearm Concealed
13 Carry Act, and law enforcement agency objections under the
14 Firearm Concealed Carry Act.
15 (v-5) Records of the Firearm Owner's Identification
16 Card Review Board that are exempted from disclosure under
17 Section 10 of the Firearm Owners Identification Card Act.
18 (w) Personally identifiable information which is
19 exempted from disclosure under subsection (g) of Section
20 19.1 of the Toll Highway Act.
21 (x) Information which is exempted from disclosure
22 under Section 5-1014.3 of the Counties Code or Section
23 8-11-21 of the Illinois Municipal Code.
24 (y) Confidential information under the Adult
25 Protective Services Act and its predecessor enabling
26 statute, the Elder Abuse and Neglect Act, including
SB0315 Enrolled - 38 - LRB104 06438 SPS 16474 b
1 information about the identity and administrative finding
2 against any caregiver of a verified and substantiated
3 decision of abuse, neglect, or financial exploitation of
4 an eligible adult maintained in the Registry established
5 under Section 7.5 of the Adult Protective Services Act.
6 (z) Records and information provided to a fatality
7 review team or the Illinois Fatality Review Team Advisory
8 Council under Section 15 of the Adult Protective Services
9 Act.
10 (aa) Information which is exempted from disclosure
11 under Section 2.37 of the Wildlife Code.
12 (bb) Information which is or was prohibited from
13 disclosure by the Juvenile Court Act of 1987.
14 (cc) Recordings made under the Law Enforcement
15 Officer-Worn Body Camera Act, except to the extent
16 authorized under that Act.
17 (dd) Information that is prohibited from being
18 disclosed under Section 45 of the Condominium and Common
19 Interest Community Ombudsperson Act.
20 (ee) Information that is exempted from disclosure
21 under Section 30.1 of the Pharmacy Practice Act.
22 (ff) Information that is exempted from disclosure
23 under the Revised Uniform Unclaimed Property Act.
24 (gg) Information that is prohibited from being
25 disclosed under Section 7-603.5 of the Illinois Vehicle
26 Code.
SB0315 Enrolled - 39 - LRB104 06438 SPS 16474 b
1 (hh) Records that are exempt from disclosure under
2 Section 1A-16.7 of the Election Code.
3 (ii) Information which is exempted from disclosure
4 under Section 2505-800 of the Department of Revenue Law of
5 the Civil Administrative Code of Illinois.
6 (jj) Information and reports that are required to be
7 submitted to the Department of Labor by registering day
8 and temporary labor service agencies but are exempt from
9 disclosure under subsection (a-1) of Section 45 of the Day
10 and Temporary Labor Services Act.
11 (kk) Information prohibited from disclosure under the
12 Seizure and Forfeiture Reporting Act.
13 (ll) Information the disclosure of which is restricted
14 and exempted under Section 5-30.8 of the Illinois Public
15 Aid Code.
16 (mm) Records that are exempt from disclosure under
17 Section 4.2 of the Crime Victims Compensation Act.
18 (nn) Information that is exempt from disclosure under
19 Section 70 of the Higher Education Student Assistance Act.
20 (oo) Communications, notes, records, and reports
21 arising out of a peer support counseling session
22 prohibited from disclosure under the First Responders
23 Suicide Prevention Act.
24 (pp) Names and all identifying information relating to
25 an employee of an emergency services provider or law
26 enforcement agency under the First Responders Suicide
SB0315 Enrolled - 40 - LRB104 06438 SPS 16474 b
1 Prevention Act.
2 (qq) Information and records held by the Department of
3 Public Health and its authorized representatives collected
4 under the Reproductive Health Act.
5 (rr) Information that is exempt from disclosure under
6 the Cannabis Regulation and Tax Act.
7 (ss) Data reported by an employer to the Department of
8 Human Rights pursuant to Section 2-108 of the Illinois
9 Human Rights Act.
10 (tt) Recordings made under the Children's Advocacy
11 Center Act, except to the extent authorized under that
12 Act.
13 (uu) Information that is exempt from disclosure under
14 Section 50 of the Sexual Assault Evidence Submission Act.
15 (vv) Information that is exempt from disclosure under
16 subsections (f) and (j) of Section 5-36 of the Illinois
17 Public Aid Code.
18 (ww) Information that is exempt from disclosure under
19 Section 16.8 of the State Treasurer Act.
20 (xx) Information that is exempt from disclosure or
21 information that shall not be made public under the
22 Illinois Insurance Code.
23 (yy) Information prohibited from being disclosed under
24 the Illinois Educational Labor Relations Act.
25 (zz) Information prohibited from being disclosed under
26 the Illinois Public Labor Relations Act.
SB0315 Enrolled - 41 - LRB104 06438 SPS 16474 b
1 (aaa) Information prohibited from being disclosed
2 under Section 1-167 of the Illinois Pension Code.
3 (bbb) Information that is prohibited from disclosure
4 by the Illinois Police Training Act and the Illinois State
5 Police Act.
6 (ccc) Records exempt from disclosure under Section
7 2605-304 of the Illinois State Police Law of the Civil
8 Administrative Code of Illinois.
9 (ddd) Information prohibited from being disclosed
10 under Section 35 of the Address Confidentiality for
11 Victims of Domestic Violence, Sexual Assault, Human
12 Trafficking, or Stalking Act.
13 (eee) Information prohibited from being disclosed
14 under subsection (b) of Section 75 of the Domestic
15 Violence Fatality Review Act.
16 (fff) Images from cameras under the Expressway Camera
17 Act and all automated license plate reader (ALPR)
18 information used and collected by the Illinois State
19 Police. "ALPR information" means information gathered by
20 an ALPR or created from the analysis of data generated by
21 an ALPR. This subsection (fff) is inoperative on and after
22 July 1, 2028.
23 (ggg) Information prohibited from disclosure under
24 paragraph (3) of subsection (a) of Section 14 of the Nurse
25 Agency Licensing Act.
26 (hhh) Information submitted to the Illinois State
SB0315 Enrolled - 42 - LRB104 06438 SPS 16474 b
1 Police in an affidavit or application for an assault
2 weapon endorsement, assault weapon attachment endorsement,
3 .50 caliber rifle endorsement, or .50 caliber cartridge
4 endorsement under the Firearm Owners Identification Card
5 Act.
6 (iii) Data exempt from disclosure under Section 50 of
7 the School Safety Drill Act.
8 (jjj) Information exempt from disclosure under Section
9 30 of the Insurance Data Security Law.
10 (kkk) Confidential business information prohibited
11 from disclosure under Section 45 of the Paint Stewardship
12 Act.
13 (lll) Data exempt from disclosure under Section
14 2-3.196 of the School Code.
15 (mmm) Information prohibited from being disclosed
16 under subsection (e) of Section 1-129 of the Illinois
17 Power Agency Act.
18 (nnn) Materials received by the Department of Commerce
19 and Economic Opportunity that are confidential under the
20 Music and Musicians Tax Credit and Jobs Act.
21 (ooo) Data or information provided pursuant to Section
22 20 of the Statewide Recycling Needs and Assessment Act.
23 (ppp) Information that is exempt from disclosure under
24 Section 28-11 of the Lawful Health Care Activity Act.
25 (qqq) Information that is exempt from disclosure under
26 Section 7-101 of the Illinois Human Rights Act.
SB0315 Enrolled - 43 - LRB104 06438 SPS 16474 b
1 (rrr) Information prohibited from being disclosed
2 under Section 4-2 of the Uniform Money Transmission
3 Modernization Act.
4 (sss) Information exempt from disclosure under Section
5 40 of the Student-Athlete Endorsement Rights Act.
6 (ttt) Audio recordings made under Section 30 of the
7 Illinois State Police Act, except to the extent authorized
8 under that Section.
9 (uuu) Information prohibited from being disclosed
10 under Section 30-5 of the Digital Assets Regulation Act.
11 (vvv) Information exempt from disclosure under
12 subsection (f) of Section 15 of the Artificial
13 Intelligence Safety Measures Act.
14 (Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 6-9-23;
15 103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff.
16 8-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592,
17 eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24;
18 103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff.
19 8-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 103-1081,
20 eff. 3-21-25; 104-10, eff. 6-16-25; 104-18, eff. 6-30-25;
21 104-417, eff. 8-15-25; 104-428, eff. 8-18-25; 104-457, eff.
22 6-1-26; revised 1-7-26.)
23 (Text of Section after amendment by P.A. 104-441)
24 Sec. 7.5. Statutory exemptions. To the extent provided for
25 by the statutes referenced below, the following shall be
SB0315 Enrolled - 44 - LRB104 06438 SPS 16474 b
1 exempt from inspection and copying:
2 (a) All information determined to be confidential
3 under Section 4002 of the Technology Advancement and
4 Development Act.
5 (b) Library circulation and order records identifying
6 library users with specific materials under the Library
7 Records Confidentiality Act.
8 (c) Applications, related documents, and medical
9 records received by the Experimental Organ Transplantation
10 Procedures Board and any and all documents or other
11 records prepared by the Experimental Organ Transplantation
12 Procedures Board or its staff relating to applications it
13 has received.
14 (d) Information and records held by the Department of
15 Public Health and its authorized representatives relating
16 to known or suspected cases of sexually transmitted
17 infection or any information the disclosure of which is
18 restricted under the Illinois Sexually Transmitted
19 Infection Control Act.
20 (e) Information the disclosure of which is exempted
21 under Section 30 of the Radon Industry Licensing Act.
22 (f) Firm performance evaluations under Section 55 of
23 the Architectural, Engineering, and Land Surveying
24 Qualifications Based Selection Act.
25 (g) Information the disclosure of which is restricted
26 and exempted under Section 50 of the Illinois Prepaid
SB0315 Enrolled - 45 - LRB104 06438 SPS 16474 b
1 Tuition Act.
2 (h) Information the disclosure of which is exempted
3 under the State Officials and Employees Ethics Act, and
4 records of any lawfully created State or local inspector
5 general's office that would be exempt if created or
6 obtained by an Executive Inspector General's office under
7 that Act.
8 (i) Information contained in a local emergency energy
9 plan submitted to a municipality in accordance with a
10 local emergency energy plan ordinance that is adopted
11 under Section 11-21.5-5 of the Illinois Municipal Code.
12 (j) Information and data concerning the distribution
13 of surcharge moneys collected and remitted by carriers
14 under the Emergency Telephone System Act.
15 (k) Law enforcement officer identification information
16 or driver identification information compiled by a law
17 enforcement agency or the Department of Transportation
18 under Section 11-212 of the Illinois Vehicle Code.
19 (l) Records and information provided to a residential
20 health care facility resident sexual assault and death
21 review team or the Executive Council under the Abuse
22 Prevention Review Team Act.
23 (m) Information provided to the predatory lending
24 database created pursuant to Article 3 of the Residential
25 Real Property Disclosure Act, except to the extent
26 authorized under that Article.
SB0315 Enrolled - 46 - LRB104 06438 SPS 16474 b
1 (n) Defense budgets and petitions for certification of
2 compensation and expenses for court appointed trial
3 counsel as provided under Sections 10 and 15 of the
4 Capital Crimes Litigation Act (repealed). This subsection
5 (n) shall apply until the conclusion of the trial of the
6 case, even if the prosecution chooses not to pursue the
7 death penalty prior to trial or sentencing.
8 (o) Information that is prohibited from being
9 disclosed under Section 4 of the Illinois Health and
10 Hazardous Substances Registry Act.
11 (p) Security portions of system safety program plans,
12 investigation reports, surveys, schedules, lists, data, or
13 information compiled, collected, or prepared by or for the
14 Department of Transportation under Sections 2705-300 and
15 2705-616 of the Department of Transportation Law of the
16 Civil Administrative Code of Illinois, the Northern
17 Illinois Transit Authority under Section 2.11 of the
18 Northern Illinois Transit Authority Act, or the St. Clair
19 County Transit District under the Bi-State Transit Safety
20 Act (repealed).
21 (q) Information prohibited from being disclosed by the
22 Personnel Record Review Act.
23 (r) Information prohibited from being disclosed by the
24 Illinois School Student Records Act.
25 (s) Information the disclosure of which is restricted
26 under Section 5-108 of the Public Utilities Act.
SB0315 Enrolled - 47 - LRB104 06438 SPS 16474 b
1 (t) (Blank).
2 (u) Records and information provided to an independent
3 team of experts under the Developmental Disability and
4 Mental Health Safety Act (also known as Brian's Law).
5 (v) Names and information of people who have applied
6 for or received Firearm Owner's Identification Cards under
7 the Firearm Owners Identification Card Act or applied for
8 or received a concealed carry license under the Firearm
9 Concealed Carry Act, unless otherwise authorized by the
10 Firearm Concealed Carry Act; and databases under the
11 Firearm Concealed Carry Act, records of the Concealed
12 Carry Licensing Review Board under the Firearm Concealed
13 Carry Act, and law enforcement agency objections under the
14 Firearm Concealed Carry Act.
15 (v-5) Records of the Firearm Owner's Identification
16 Card Review Board that are exempted from disclosure under
17 Section 10 of the Firearm Owners Identification Card Act.
18 (w) Personally identifiable information which is
19 exempted from disclosure under subsection (g) of Section
20 19.1 of the Toll Highway Act.
21 (x) Information which is exempted from disclosure
22 under Section 5-1014.3 of the Counties Code or Section
23 8-11-21 of the Illinois Municipal Code.
24 (y) Confidential information under the Adult
25 Protective Services Act and its predecessor enabling
26 statute, the Elder Abuse and Neglect Act, including
SB0315 Enrolled - 48 - LRB104 06438 SPS 16474 b
1 information about the identity and administrative finding
2 against any caregiver of a verified and substantiated
3 decision of abuse, neglect, or financial exploitation of
4 an eligible adult maintained in the Registry established
5 under Section 7.5 of the Adult Protective Services Act.
6 (z) Records and information provided to a fatality
7 review team or the Illinois Fatality Review Team Advisory
8 Council under Section 15 of the Adult Protective Services
9 Act.
10 (aa) Information which is exempted from disclosure
11 under Section 2.37 of the Wildlife Code.
12 (bb) Information which is or was prohibited from
13 disclosure by the Juvenile Court Act of 1987.
14 (cc) Recordings made under the Law Enforcement
15 Officer-Worn Body Camera Act, except to the extent
16 authorized under that Act.
17 (dd) Information that is prohibited from being
18 disclosed under Section 45 of the Condominium and Common
19 Interest Community Ombudsperson Act.
20 (ee) Information that is exempted from disclosure
21 under Section 30.1 of the Pharmacy Practice Act.
22 (ff) Information that is exempted from disclosure
23 under the Revised Uniform Unclaimed Property Act.
24 (gg) Information that is prohibited from being
25 disclosed under Section 7-603.5 of the Illinois Vehicle
26 Code.
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1 (hh) Records that are exempt from disclosure under
2 Section 1A-16.7 of the Election Code.
3 (ii) Information which is exempted from disclosure
4 under Section 2505-800 of the Department of Revenue Law of
5 the Civil Administrative Code of Illinois.
6 (jj) Information and reports that are required to be
7 submitted to the Department of Labor by registering day
8 and temporary labor service agencies but are exempt from
9 disclosure under subsection (a-1) of Section 45 of the Day
10 and Temporary Labor Services Act.
11 (kk) Information prohibited from disclosure under the
12 Seizure and Forfeiture Reporting Act.
13 (ll) Information the disclosure of which is restricted
14 and exempted under Section 5-30.8 of the Illinois Public
15 Aid Code.
16 (mm) Records that are exempt from disclosure under
17 Section 4.2 of the Crime Victims Compensation Act.
18 (nn) Information that is exempt from disclosure under
19 Section 70 of the Higher Education Student Assistance Act.
20 (oo) Communications, notes, records, and reports
21 arising out of a peer support counseling session
22 prohibited from disclosure under the First Responders
23 Suicide Prevention Act.
24 (pp) Names and all identifying information relating to
25 an employee of an emergency services provider or law
26 enforcement agency under the First Responders Suicide
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1 Prevention Act.
2 (qq) Information and records held by the Department of
3 Public Health and its authorized representatives collected
4 under the Reproductive Health Act.
5 (rr) Information that is exempt from disclosure under
6 the Cannabis Regulation and Tax Act.
7 (ss) Data reported by an employer to the Department of
8 Human Rights pursuant to Section 2-108 of the Illinois
9 Human Rights Act.
10 (tt) Recordings made under the Children's Advocacy
11 Center Act, except to the extent authorized under that
12 Act.
13 (uu) Information that is exempt from disclosure under
14 Section 50 of the Sexual Assault Evidence Submission Act.
15 (vv) Information that is exempt from disclosure under
16 subsections (f) and (j) of Section 5-36 of the Illinois
17 Public Aid Code.
18 (ww) Information that is exempt from disclosure under
19 Section 16.8 of the State Treasurer Act.
20 (xx) Information that is exempt from disclosure or
21 information that shall not be made public under the
22 Illinois Insurance Code.
23 (yy) Information prohibited from being disclosed under
24 the Illinois Educational Labor Relations Act.
25 (zz) Information prohibited from being disclosed under
26 the Illinois Public Labor Relations Act.
SB0315 Enrolled - 51 - LRB104 06438 SPS 16474 b
1 (aaa) Information prohibited from being disclosed
2 under Section 1-167 of the Illinois Pension Code.
3 (bbb) Information that is prohibited from disclosure
4 by the Illinois Police Training Act and the Illinois State
5 Police Act.
6 (ccc) Records exempt from disclosure under Section
7 2605-304 of the Illinois State Police Law of the Civil
8 Administrative Code of Illinois.
9 (ddd) Information prohibited from being disclosed
10 under Section 35 of the Address Confidentiality for
11 Victims of Domestic Violence, Sexual Assault, Human
12 Trafficking, or Stalking Act.
13 (eee) Information prohibited from being disclosed
14 under subsection (b) of Section 75 of the Domestic
15 Violence Fatality Review Act.
16 (fff) Images from cameras under the Expressway Camera
17 Act and all automated license plate reader (ALPR)
18 information used and collected by the Illinois State
19 Police. "ALPR information" means information gathered by
20 an ALPR or created from the analysis of data generated by
21 an ALPR. This subsection (fff) is inoperative on and after
22 July 1, 2028.
23 (ggg) Information prohibited from disclosure under
24 paragraph (3) of subsection (a) of Section 14 of the Nurse
25 Agency Licensing Act.
26 (hhh) Information submitted to the Illinois State
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1 Police in an affidavit or application for an assault
2 weapon endorsement, assault weapon attachment endorsement,
3 .50 caliber rifle endorsement, or .50 caliber cartridge
4 endorsement under the Firearm Owners Identification Card
5 Act.
6 (iii) Data exempt from disclosure under Section 50 of
7 the School Safety Drill Act.
8 (jjj) Information exempt from disclosure under Section
9 30 of the Insurance Data Security Law.
10 (kkk) Confidential business information prohibited
11 from disclosure under Section 45 of the Paint Stewardship
12 Act.
13 (lll) Data exempt from disclosure under Section
14 2-3.196 of the School Code.
15 (mmm) Information prohibited from being disclosed
16 under subsection (e) of Section 1-129 of the Illinois
17 Power Agency Act.
18 (nnn) Materials received by the Department of Commerce
19 and Economic Opportunity that are confidential under the
20 Music and Musicians Tax Credit and Jobs Act.
21 (ooo) Data or information provided pursuant to Section
22 20 of the Statewide Recycling Needs and Assessment Act.
23 (ppp) Information that is exempt from disclosure under
24 Section 28-11 of the Lawful Health Care Activity Act.
25 (qqq) Information that is exempt from disclosure under
26 Section 7-101 of the Illinois Human Rights Act.
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1 (rrr) Information prohibited from being disclosed
2 under Section 4-2 of the Uniform Money Transmission
3 Modernization Act.
4 (sss) Information exempt from disclosure under Section
5 40 of the Student-Athlete Endorsement Rights Act.
6 (ttt) Audio recordings made under Section 30 of the
7 Illinois State Police Act, except to the extent authorized
8 under that Section.
9 (uuu) Information prohibited from being disclosed
10 under Section 30-5 of the Digital Assets Regulation Act.
11 (vvv) (uuu) Information exempt from disclosure under
12 Section 70 of the End-of-Life Options for Terminally Ill
13 Patients Act.
14 (www) Information exempt from disclosure under
15 subsection (f) of Section 15 of the Artificial
16 Intelligence Safety Measures Act.
17 (Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 6-9-23;
18 103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff.
19 8-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592,
20 eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24;
21 103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff.
22 8-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 103-1081,
23 eff. 3-21-25; 104-10, eff. 6-16-25; 104-18, eff. 6-30-25;
24 104-417, eff. 8-15-25; 104-428, eff. 8-18-25; 104-441, eff.
25 9-12-26; 104-457, eff. 6-1-26; revised 1-7-26.)
SB0315 Enrolled - 54 - LRB104 06438 SPS 16474 b
1 Section 90. The Whistleblower Act is amended by changing
2 Section 15 as follows:
3 (740 ILCS 174/15)
4 Sec. 15. Retaliation for certain disclosures prohibited.
5 (a) An employer may not take retaliatory action against an
6 employee who discloses or threatens to disclose to a public
7 body conducting an investigation, or in a court, an
8 administrative hearing, or any other proceeding initiated by a
9 public body, information related to an activity, policy, or
10 practice of the employer, where the employee has a good faith
11 belief that the activity, policy, or practice (i) violates a
12 State or federal law, rule, or regulation or (ii) poses a
13 substantial and specific danger to employees, public health,
14 or safety.
15 (b) An employer may not take retaliatory action against an
16 employee for disclosing or threatening to disclose information
17 to a government or law enforcement agency information related
18 to an activity, policy, or practice of the employer, where the
19 employee has a good faith belief that the activity, policy, or
20 practice of the employer (i) violates a State or federal law,
21 rule, or regulation or (ii) poses a substantial and specific
22 danger to employees, public health, or safety.
23 (c) An employer may not take retaliatory action against an
24 employee for disclosing or threatening to disclose to any
25 supervisor, principal officer, board member, or supervisor in
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1 an organization that has a contractual relationship with the
2 employer who makes the employer aware of the disclosure,
3 information related to an activity, policy, or practice of the
4 employer if the employee has a good faith belief that the
5 activity, policy, or practice (i) violates a State or federal
6 law, rule, or regulation or (ii) poses a substantial and
7 specific danger to employees, public health, or safety.
8 (d) An employer may not take retaliatory action against an
9 employee for disclosing or threatening to disclose in good
10 faith any violation of Section 5-10 of the Illinois Bivens
11 Act.
12 (e) An employer may not take retaliatory action against an
13 employee for disclosing or threatening to disclose in good
14 faith any violation of the Artificial Intelligence Safety
15 Measures Act.
16 (Source: P.A. 103-867, eff. 1-1-25; 104-417, eff. 8-15-25;
17 104-440, eff. 12-9-25.)
18 Section 95. No acceleration or delay. Where this Act makes
19 changes in a statute that is represented in this Act by text
20 that is not yet or no longer in effect (for example, a Section
21 represented by multiple versions), the use of that text does
22 not accelerate or delay the taking effect of (i) the changes
23 made by this Act or (ii) provisions derived from any other
24 Public Act.
SB0315 Enrolled - 56 - LRB104 06438 SPS 16474 b
1 Section 97. Severability. The provisions of this Act are
2 severable under Section 1.31 of the Statute on Statutes.
3 Section 99. Effective date. This Act takes effect January
4 1, 2027.Every fact on this page links to its source, starting with the official bill record.