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| 1 | | allow law-abiding business owners to thrive through healthy |
| 2 | | and fair competition. Businesses that violate the State's |
| 3 | | worker protection laws put a greater burden on taxpayers by |
| 4 | | hurting the State's ability to provide critical services; |
| 5 | | compliant businesses cannot compete against those who gain an |
| 6 | | unfair advantage by evading their responsibilities. |
| 7 | | (b) There is created within the Office of the Attorney |
| 8 | | General a Worker Protection Unit, consisting of Assistant |
| 9 | | Attorneys General appointed by the Attorney General, who, |
| 10 | | together with other staff as deemed necessary by the Attorney |
| 11 | | General, shall have the power and duty on behalf of persons |
| 12 | | within this State, to intervene in, initiate, and enforce all |
| 13 | | legal proceedings on matters related to the payment of wages, |
| 14 | | the safety of the workplace, and fair employment practices, |
| 15 | | including, without limitation, the provisions of the |
| 16 | | Prevailing Wage Act, the Employee Classification Act, the |
| 17 | | Minimum Wage Law, the Day and Temporary Labor Services Act, or |
| 18 | | the Wage Payment and Collection Act, and any other law |
| 19 | | regarding labor or employment in this State, whenever the |
| 20 | | Attorney General determines that such action is necessary to |
| 21 | | protect the rights and interests of Illinois workers and |
| 22 | | Illinois businesses. |
| 23 | | (c) Prior to initiating an action, the Attorney General |
| 24 | | shall conduct an investigation and may: (1) require an |
| 25 | | individual or entity to file a statement or report in writing |
| 26 | | under oath or otherwise, as to all information the Attorney |
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| 1 | | General may consider necessary; (2) examine under oath any |
| 2 | | person alleged to have participated in or with knowledge of |
| 3 | | the alleged violation; or (3) issue subpoenas for documents; |
| 4 | | (4) require written answers under oath to written |
| 5 | | interrogatories; (5) or conduct hearings in aid of any |
| 6 | | investigation; (6) inspect the premises of an employer and |
| 7 | | inspect and make copies of employment-related records kept at |
| 8 | | the premises during normal business or working hours or at |
| 9 | | other reasonable times; and (7) conduct interviews with |
| 10 | | employees at an employer's premises during normal business or |
| 11 | | working hours or at other reasonable times. |
| 12 | | (c-5) An employer, or an agent of the employer, who is |
| 13 | | subject to an investigation by the Attorney General shall make |
| 14 | | all reasonable efforts to cooperate with the investigation, |
| 15 | | including, without limitation, by making the employer's |
| 16 | | premises and records available for inspection and by |
| 17 | | permitting the employer's employees to participate in |
| 18 | | confidential interviews conducted by the Attorney General. An |
| 19 | | employer who is subject to an investigation by the Attorney |
| 20 | | General under this Section has the right to be assisted by |
| 21 | | counsel. |
| 22 | | (c-10) Any individual, including an employee, who |
| 23 | | voluntarily participates in an interview conducted by the |
| 24 | | Attorney General or otherwise provides information to the |
| 25 | | Attorney General related to an investigation conducted by the |
| 26 | | Worker Protection Unit is a confidential government informer |
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| 1 | | for purposes of asserting the government informer's privilege. |
| 2 | | (c-15) The production of documentary material in response |
| 3 | | to a subpoena served in accordance with this Section shall be |
| 4 | | made under a sworn certificate, in such form as the subpoena |
| 5 | | designates, by the person, if a natural person, to whom the |
| 6 | | demand is directed or, if not a natural person, by a person or |
| 7 | | persons having knowledge of the facts and circumstances |
| 8 | | relating to the production, to the effect that all of the |
| 9 | | documentary material required by the demand and in the |
| 10 | | possession, custody, or control of the person to whom the |
| 11 | | demand is directed has been produced and made available to the |
| 12 | | custodian. All answers to interrogatories and statements or |
| 13 | | reports produced in writing shall be accompanied by a |
| 14 | | statement under oath attesting to the accuracy of the answers. |
| 15 | | (c-20) Any person who has been served a subpoena issued |
| 16 | | under this Section may file, in the Circuit Court of Sangamon |
| 17 | | or Cook County or the circuit court of the county in which the |
| 18 | | witness resides, is found, or transacts business, a petition |
| 19 | | for an order to modify or set aside the subpoena. A petition |
| 20 | | filed with the circuit court under this subsection shall be |
| 21 | | filed with the court and served on the Attorney General within |
| 22 | | 20 days after the date of service of the subpoena or at any |
| 23 | | time before the return date specified in the subpoena, |
| 24 | | whichever date is earlier, or within a longer period as may be |
| 25 | | prescribed in writing by the Attorney General. The petition |
| 26 | | shall specify the grounds upon which the petitioner relies in |
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| 1 | | seeking relief. |
| 2 | | (c-25) If a witness served with a subpoena by the Attorney |
| 3 | | General under this Act fails or refuses to attend a proceeding |
| 4 | | and provide testimony, produce documentary materials or |
| 5 | | interrogatory answers, grant access to the premises, records, |
| 6 | | or employees of the witness, or otherwise comply with the |
| 7 | | subpoena, the Attorney General may petition the Circuit Court |
| 8 | | of Sangamon or Cook County, or the circuit court in the county |
| 9 | | in which the witness resides, for an order requiring the |
| 10 | | witness to comply with the subpoena. The court's order shall |
| 11 | | require the witness comply with the subpoena by a specified |
| 12 | | date and provide a date on which the witness shall show cause |
| 13 | | in court as to why the witness should not be held in contempt |
| 14 | | of court if the witness fails to comply with the order. If the |
| 15 | | witness is held in contempt of court, the Attorney General may |
| 16 | | seek a writ of attachment, monetary fine, or an equivalent |
| 17 | | court order. |
| 18 | | (c-30) An individual, including an employer, an agent of |
| 19 | | the employer, or the officer or agent of any private employer, |
| 20 | | who, with the intent to avoid, evade, prevent, or obstruct |
| 21 | | compliance in whole or in part by any person who has been |
| 22 | | served a subpoena by the Attorney General under this Section, |
| 23 | | knowingly removes from any place, conceals, withholds, |
| 24 | | destroys, mutilates, alters, or by any other means falsifies |
| 25 | | any documentary material that is the subject of the subpoena |
| 26 | | is guilty of a Class A misdemeanor. |
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| 1 | | (c-35) If, in the course of an investigation conducted in |
| 2 | | accordance with subsection (c), the Attorney General believes |
| 3 | | that relevant evidence of a violation of a law enforced by the |
| 4 | | Worker Protection Unit as set forth in subsection (b) is |
| 5 | | located at the premises of an employer or in an employer's |
| 6 | | records and if the employer has refused to allow the Attorney |
| 7 | | General to inspect the premises or the Attorney General has |
| 8 | | reasonable cause to believe that an immediate inspection of |
| 9 | | the premises is necessary to carry out its investigation, then |
| 10 | | the Attorney General may file or cause to be filed an |
| 11 | | application for an administrative inspection warrant. The |
| 12 | | issuance and execution of an administrative inspection warrant |
| 13 | | shall be as follows: |
| 14 | | (1) A judge of a circuit court, upon proper oath or |
| 15 | | affirmation showing probable cause, may issue warrants for |
| 16 | | the purpose of conducting administrative inspections and |
| 17 | | seizures of property appropriate to the inspections. For |
| 18 | | the purposes of the issuance of an administrative |
| 19 | | inspection warrant, probable cause exists upon the showing |
| 20 | | of a valid public interest in the effective enforcement of |
| 21 | | any statute enforced by the Worker Protection Unit, |
| 22 | | sufficient to justify administrative inspection of the |
| 23 | | employer's premises or records. |
| 24 | | (2) An administrative inspection warrant shall be |
| 25 | | issued only after receipt of an affidavit of a person |
| 26 | | having knowledge of the facts alleged that establishes the |
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| 1 | | grounds for issuing the administrative inspection warrant. |
| 2 | | If the circuit judge is satisfied that there is probable |
| 3 | | cause to believe that grounds for issuance of an |
| 4 | | administrative inspection warrant exist, the judge shall |
| 5 | | issue an administrative inspection warrant. The |
| 6 | | administrative inspection warrant shall: |
| 7 | | (A) state the grounds for its issuance and the |
| 8 | | name of each person whose affidavit has been taken in |
| 9 | | support of the warrant; |
| 10 | | (B) be directed to an Assistant Attorney General |
| 11 | | appointed by the Attorney General or to other staff of |
| 12 | | the Office of the Attorney General who will execute |
| 13 | | the warrant; |
| 14 | | (C) command the person to whom it is directed to |
| 15 | | inspect the identified premises or records for the |
| 16 | | purposes specified in the warrant and, if appropriate, |
| 17 | | direct the seizure of the identified records or other |
| 18 | | property; |
| 19 | | (D) identify the item or types of property to be |
| 20 | | seized, if any; and |
| 21 | | (E) direct that the warrant may be served at any |
| 22 | | time of the day or night and designate the circuit |
| 23 | | court judge to whom it shall be returned. |
| 24 | | (3) An administrative inspection warrant issued under |
| 25 | | this subsection must be executed and returned within 10 |
| 26 | | days after the date of its issuance, unless, upon a |
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| 1 | | showing of a need for additional time, the court that |
| 2 | | issued the inspection warrant orders otherwise. If |
| 3 | | property is seized in accordance with an administrative |
| 4 | | inspection warrant, a copy of the inventory of the seized |
| 5 | | property shall be given to the person from whom or from |
| 6 | | whose controlled premises the property is taken. If no |
| 7 | | person is available, the inspection warrant and a copy of |
| 8 | | the inventory shall be left at the controlled premises. |
| 9 | | The inventory shall be made under oath by the person |
| 10 | | executing the warrant. |
| 11 | | (4) An administrative inspection warrant shall be |
| 12 | | returnable before the judge of the circuit court who |
| 13 | | issued the inspection warrant or any judge named in the |
| 14 | | inspection warrant or before the circuit court. The judge |
| 15 | | before whom the return is made shall attach to the |
| 16 | | administrative inspection warrant a copy of the return and |
| 17 | | all papers returnable in connection with the warrant and |
| 18 | | file them with the clerk of the circuit court in which the |
| 19 | | inspection warrant is executed. |
| 20 | | (5) No warrant shall be quashed or evidence suppressed |
| 21 | | because of technical irregularities not affecting the |
| 22 | | substantial rights of the person responsible for the |
| 23 | | employer's premises or property. |
| 24 | | (6) This subsection does not prevent the inspection |
| 25 | | without a warrant of books and records produced in |
| 26 | | accordance with a subpoena issued under subsection (c). |
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| 1 | | (7) No administrative inspection warrant shall be |
| 2 | | issued under this subsection with the intent of obtaining |
| 3 | | evidence for an ongoing criminal investigation. |
| 4 | | (d) In an action brought under this Section, the Attorney |
| 5 | | General may obtain, as a remedy, monetary damages to the |
| 6 | | State, restitution, and equitable relief, including any |
| 7 | | permanent or preliminary injunction, temporary restraining |
| 8 | | order, or other order, including an order enjoining the |
| 9 | | defendant from engaging in a violation, or order any action as |
| 10 | | may be appropriate. In addition, the Attorney General may |
| 11 | | request and the court may impose a civil penalty against any |
| 12 | | person or entity found by the court to have violated any law |
| 13 | | regarding labor or employment in this State, including the |
| 14 | | Prevailing Wage Act, the Employee Classification Act, the |
| 15 | | Minimum Wage Law, the Day and Temporary Labor Services Act, |
| 16 | | the Wage Payment and Collection Act, or any other law related |
| 17 | | to the payment of wages, the safety of the workplace, or fair |
| 18 | | employment practices, in a sum not to exceed the maximum |
| 19 | | amount of any civil penalty prescribed by law. Neither the |
| 20 | | State nor an aggrieved individual may recover monetary relief, |
| 21 | | including civil penalties, in more than one proceeding related |
| 22 | | to the same violation. |
| 23 | | (e) Upon the Attorney General's request, the Illinois |
| 24 | | Department of Labor shall provide any materials or documents |
| 25 | | already in the Department's possession pertaining to the |
| 26 | | enforcement of this Section. The Office of the Attorney |
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| 1 | | General may use information obtained under this Section, |
| 2 | | including information that is designated as and that qualifies |
| 3 | | for confidential treatment, which information the Attorney |
| 4 | | General's Office shall maintain as confidential, for law |
| 5 | | enforcement purposes only, which information may be shared |
| 6 | | with other law enforcement officials. Nothing in this Section |
| 7 | | is intended to take away or limit any powers of the Attorney |
| 8 | | General under common law or other statutory law. |
| 9 | | (f) All information and documentary materials that are |
| 10 | | obtained by the Attorney General under this Section are exempt |
| 11 | | from disclosure under the Freedom of Information Act. This |
| 12 | | exemption applies to all information and documentary materials |
| 13 | | the Attorney General obtains through an investigation under |
| 14 | | this Act. |
| 15 | | Except as otherwise provided in this Section, no |
| 16 | | documentary materials, transcripts of oral testimony, or |
| 17 | | answers to interrogatories, or copies of those items, in the |
| 18 | | possession of the Attorney General shall be available for |
| 19 | | examination by any individual other than an authorized |
| 20 | | employee or agent of the Attorney General or a federal, State, |
| 21 | | or local law enforcement official without the consent of the |
| 22 | | person who produced the documentary materials, oral testimony, |
| 23 | | or answers. The Attorney General may provide copies of the |
| 24 | | documentary materials, transcripts of oral testimony, or |
| 25 | | answers to interrogatories to an official of this State, the |
| 26 | | federal government, or another state, who is charged with the |
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| 1 | | enforcement of federal or State employment, antitrust, or |
| 2 | | consumer protection laws, if the receiving official agrees in |
| 3 | | writing, before the disclosure, that the information may not |
| 4 | | be disclosed to anyone other than the official or the |
| 5 | | official's authorized employees. |
| 6 | | The Attorney General may, in the Attorney General's |
| 7 | | discretion, use information and documentary materials obtained |
| 8 | | in the course of an investigation pursuant to this Act for law |
| 9 | | enforcement purposes, including, but not limited to, |
| 10 | | interviewing or questioning potential witnesses and |
| 11 | | consultants, in a complaint or other pleading, and in court |
| 12 | | proceedings. |
| 13 | | (Source: P.A. 101-527, eff. 1-1-20.) |
| 14 | | Section 10. The Freedom of Information Act is amended by |
| 15 | | changing Section 7.5 as follows: |
| 16 | | (5 ILCS 140/7.5) |
| 17 | | (Text of Section before amendment by P.A. 104-441 and |
| 18 | | 104-457) |
| 19 | | Sec. 7.5. Statutory exemptions. To the extent provided for |
| 20 | | by the statutes referenced below, the following shall be |
| 21 | | exempt from inspection and copying: |
| 22 | | (a) All information determined to be confidential |
| 23 | | under Section 4002 of the Technology Advancement and |
| 24 | | Development Act. |
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| 1 | | (b) Library circulation and order records identifying |
| 2 | | library users with specific materials under the Library |
| 3 | | Records Confidentiality Act. |
| 4 | | (c) Applications, related documents, and medical |
| 5 | | records received by the Experimental Organ Transplantation |
| 6 | | Procedures Board and any and all documents or other |
| 7 | | records prepared by the Experimental Organ Transplantation |
| 8 | | Procedures Board or its staff relating to applications it |
| 9 | | has received. |
| 10 | | (d) Information and records held by the Department of |
| 11 | | Public Health and its authorized representatives relating |
| 12 | | to known or suspected cases of sexually transmitted |
| 13 | | infection or any information the disclosure of which is |
| 14 | | restricted under the Illinois Sexually Transmitted |
| 15 | | Infection Control Act. |
| 16 | | (e) Information the disclosure of which is exempted |
| 17 | | under Section 30 of the Radon Industry Licensing Act. |
| 18 | | (f) Firm performance evaluations under Section 55 of |
| 19 | | the Architectural, Engineering, and Land Surveying |
| 20 | | Qualifications Based Selection Act. |
| 21 | | (g) Information the disclosure of which is restricted |
| 22 | | and exempted under Section 50 of the Illinois Prepaid |
| 23 | | Tuition Act. |
| 24 | | (h) Information the disclosure of which is exempted |
| 25 | | under the State Officials and Employees Ethics Act, and |
| 26 | | records of any lawfully created State or local inspector |
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| 1 | | general's office that would be exempt if created or |
| 2 | | obtained by an Executive Inspector General's office under |
| 3 | | that Act. |
| 4 | | (i) Information contained in a local emergency energy |
| 5 | | plan submitted to a municipality in accordance with a |
| 6 | | local emergency energy plan ordinance that is adopted |
| 7 | | under Section 11-21.5-5 of the Illinois Municipal Code. |
| 8 | | (j) Information and data concerning the distribution |
| 9 | | of surcharge moneys collected and remitted by carriers |
| 10 | | under the Emergency Telephone System Act. |
| 11 | | (k) Law enforcement officer identification information |
| 12 | | or driver identification information compiled by a law |
| 13 | | enforcement agency or the Department of Transportation |
| 14 | | under Section 11-212 of the Illinois Vehicle Code. |
| 15 | | (l) Records and information provided to a residential |
| 16 | | health care facility resident sexual assault and death |
| 17 | | review team or the Executive Council under the Abuse |
| 18 | | Prevention Review Team Act. |
| 19 | | (m) Information provided to the predatory lending |
| 20 | | database created pursuant to Article 3 of the Residential |
| 21 | | Real Property Disclosure Act, except to the extent |
| 22 | | authorized under that Article. |
| 23 | | (n) Defense budgets and petitions for certification of |
| 24 | | compensation and expenses for court appointed trial |
| 25 | | counsel as provided under Sections 10 and 15 of the |
| 26 | | Capital Crimes Litigation Act (repealed). This subsection |
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| 1 | | (n) shall apply until the conclusion of the trial of the |
| 2 | | case, even if the prosecution chooses not to pursue the |
| 3 | | death penalty prior to trial or sentencing. |
| 4 | | (o) Information that is prohibited from being |
| 5 | | disclosed under Section 4 of the Illinois Health and |
| 6 | | Hazardous Substances Registry Act. |
| 7 | | (p) Security portions of system safety program plans, |
| 8 | | investigation reports, surveys, schedules, lists, data, or |
| 9 | | information compiled, collected, or prepared by or for the |
| 10 | | Department of Transportation under Sections 2705-300 and |
| 11 | | 2705-616 of the Department of Transportation Law of the |
| 12 | | Civil Administrative Code of Illinois, the Regional |
| 13 | | Transportation Authority under Section 2.11 of the |
| 14 | | Regional Transportation Authority Act, or the St. Clair |
| 15 | | County Transit District under the Bi-State Transit Safety |
| 16 | | Act (repealed). |
| 17 | | (q) Information prohibited from being disclosed by the |
| 18 | | Personnel Record Review Act. |
| 19 | | (r) Information prohibited from being disclosed by the |
| 20 | | Illinois School Student Records Act. |
| 21 | | (s) Information the disclosure of which is restricted |
| 22 | | under Section 5-108 of the Public Utilities Act. |
| 23 | | (t) (Blank). |
| 24 | | (u) Records and information provided to an independent |
| 25 | | team of experts under the Developmental Disability and |
| 26 | | Mental Health Safety Act (also known as Brian's Law). |
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| 1 | | (v) Names and information of people who have applied |
| 2 | | for or received Firearm Owner's Identification Cards under |
| 3 | | the Firearm Owners Identification Card Act or applied for |
| 4 | | or received a concealed carry license under the Firearm |
| 5 | | Concealed Carry Act, unless otherwise authorized by the |
| 6 | | Firearm Concealed Carry Act; and databases under the |
| 7 | | Firearm Concealed Carry Act, records of the Concealed |
| 8 | | Carry Licensing Review Board under the Firearm Concealed |
| 9 | | Carry Act, and law enforcement agency objections under the |
| 10 | | Firearm Concealed Carry Act. |
| 11 | | (v-5) Records of the Firearm Owner's Identification |
| 12 | | Card Review Board that are exempted from disclosure under |
| 13 | | Section 10 of the Firearm Owners Identification Card Act. |
| 14 | | (w) Personally identifiable information which is |
| 15 | | exempted from disclosure under subsection (g) of Section |
| 16 | | 19.1 of the Toll Highway Act. |
| 17 | | (x) Information which is exempted from disclosure |
| 18 | | under Section 5-1014.3 of the Counties Code or Section |
| 19 | | 8-11-21 of the Illinois Municipal Code. |
| 20 | | (y) Confidential information under the Adult |
| 21 | | Protective Services Act and its predecessor enabling |
| 22 | | statute, the Elder Abuse and Neglect Act, including |
| 23 | | information about the identity and administrative finding |
| 24 | | against any caregiver of a verified and substantiated |
| 25 | | decision of abuse, neglect, or financial exploitation of |
| 26 | | an eligible adult maintained in the Registry established |
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| 1 | | under Section 7.5 of the Adult Protective Services Act. |
| 2 | | (z) Records and information provided to a fatality |
| 3 | | review team or the Illinois Fatality Review Team Advisory |
| 4 | | Council under Section 15 of the Adult Protective Services |
| 5 | | Act. |
| 6 | | (aa) Information which is exempted from disclosure |
| 7 | | under Section 2.37 of the Wildlife Code. |
| 8 | | (bb) Information which is or was prohibited from |
| 9 | | disclosure by the Juvenile Court Act of 1987. |
| 10 | | (cc) Recordings made under the Law Enforcement |
| 11 | | Officer-Worn Body Camera Act, except to the extent |
| 12 | | authorized under that Act. |
| 13 | | (dd) Information that is prohibited from being |
| 14 | | disclosed under Section 45 of the Condominium and Common |
| 15 | | Interest Community Ombudsperson Act. |
| 16 | | (ee) Information that is exempted from disclosure |
| 17 | | under Section 30.1 of the Pharmacy Practice Act. |
| 18 | | (ff) Information that is exempted from disclosure |
| 19 | | under the Revised Uniform Unclaimed Property Act. |
| 20 | | (gg) Information that is prohibited from being |
| 21 | | disclosed under Section 7-603.5 of the Illinois Vehicle |
| 22 | | Code. |
| 23 | | (hh) Records that are exempt from disclosure under |
| 24 | | Section 1A-16.7 of the Election Code. |
| 25 | | (ii) Information which is exempted from disclosure |
| 26 | | under Section 2505-800 of the Department of Revenue Law of |
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| 1 | | the Civil Administrative Code of Illinois. |
| 2 | | (jj) Information and reports that are required to be |
| 3 | | submitted to the Department of Labor by registering day |
| 4 | | and temporary labor service agencies but are exempt from |
| 5 | | disclosure under subsection (a-1) of Section 45 of the Day |
| 6 | | and Temporary Labor Services Act. |
| 7 | | (kk) Information prohibited from disclosure under the |
| 8 | | Seizure and Forfeiture Reporting Act. |
| 9 | | (ll) Information the disclosure of which is restricted |
| 10 | | and exempted under Section 5-30.8 of the Illinois Public |
| 11 | | Aid Code. |
| 12 | | (mm) Records that are exempt from disclosure under |
| 13 | | Section 4.2 of the Crime Victims Compensation Act. |
| 14 | | (nn) Information that is exempt from disclosure under |
| 15 | | Section 70 of the Higher Education Student Assistance Act. |
| 16 | | (oo) Communications, notes, records, and reports |
| 17 | | arising out of a peer support counseling session |
| 18 | | prohibited from disclosure under the First Responders |
| 19 | | Suicide Prevention Act. |
| 20 | | (pp) Names and all identifying information relating to |
| 21 | | an employee of an emergency services provider or law |
| 22 | | enforcement agency under the First Responders Suicide |
| 23 | | Prevention Act. |
| 24 | | (qq) Information and records held by the Department of |
| 25 | | Public Health and its authorized representatives collected |
| 26 | | under the Reproductive Health Act. |
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| 1 | | (rr) Information that is exempt from disclosure under |
| 2 | | the Cannabis Regulation and Tax Act. |
| 3 | | (ss) Data reported by an employer to the Department of |
| 4 | | Human Rights pursuant to Section 2-108 of the Illinois |
| 5 | | Human Rights Act. |
| 6 | | (tt) Recordings made under the Children's Advocacy |
| 7 | | Center Act, except to the extent authorized under that |
| 8 | | Act. |
| 9 | | (uu) Information that is exempt from disclosure under |
| 10 | | Section 50 of the Sexual Assault Evidence Submission Act. |
| 11 | | (vv) Information that is exempt from disclosure under |
| 12 | | subsections (f) and (j) of Section 5-36 of the Illinois |
| 13 | | Public Aid Code. |
| 14 | | (ww) Information that is exempt from disclosure under |
| 15 | | Section 16.8 of the State Treasurer Act. |
| 16 | | (xx) Information that is exempt from disclosure or |
| 17 | | information that shall not be made public under the |
| 18 | | Illinois Insurance Code. |
| 19 | | (yy) Information prohibited from being disclosed under |
| 20 | | the Illinois Educational Labor Relations Act. |
| 21 | | (zz) Information prohibited from being disclosed under |
| 22 | | the Illinois Public Labor Relations Act. |
| 23 | | (aaa) Information prohibited from being disclosed |
| 24 | | under Section 1-167 of the Illinois Pension Code. |
| 25 | | (bbb) Information that is prohibited from disclosure |
| 26 | | by the Illinois Police Training Act and the Illinois State |
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| 1 | | Police Act. |
| 2 | | (ccc) Records exempt from disclosure under Section |
| 3 | | 2605-304 of the Illinois State Police Law of the Civil |
| 4 | | Administrative Code of Illinois. |
| 5 | | (ddd) Information prohibited from being disclosed |
| 6 | | under Section 35 of the Address Confidentiality for |
| 7 | | Victims of Domestic Violence, Sexual Assault, Human |
| 8 | | Trafficking, or Stalking Act. |
| 9 | | (eee) Information prohibited from being disclosed |
| 10 | | under subsection (b) of Section 75 of the Domestic |
| 11 | | Violence Fatality Review Act. |
| 12 | | (fff) Images from cameras under the Expressway Camera |
| 13 | | Act and all automated license plate reader (ALPR) |
| 14 | | information used and collected by the Illinois State |
| 15 | | Police. "ALPR information" means information gathered by |
| 16 | | an ALPR or created from the analysis of data generated by |
| 17 | | an ALPR. This subsection (fff) is inoperative on and after |
| 18 | | July 1, 2028. |
| 19 | | (ggg) Information prohibited from disclosure under |
| 20 | | paragraph (3) of subsection (a) of Section 14 of the Nurse |
| 21 | | Agency Licensing Act. |
| 22 | | (hhh) Information submitted to the Illinois State |
| 23 | | Police in an affidavit or application for an assault |
| 24 | | weapon endorsement, assault weapon attachment endorsement, |
| 25 | | .50 caliber rifle endorsement, or .50 caliber cartridge |
| 26 | | endorsement under the Firearm Owners Identification Card |
|
| | 10400HB4725ham001 | - 20 - | LRB104 19322 SPS 35126 a |
|
|
| 1 | | Act. |
| 2 | | (iii) Data exempt from disclosure under Section 50 of |
| 3 | | the School Safety Drill Act. |
| 4 | | (jjj) Information exempt from disclosure under Section |
| 5 | | 30 of the Insurance Data Security Law. |
| 6 | | (kkk) Confidential business information prohibited |
| 7 | | from disclosure under Section 45 of the Paint Stewardship |
| 8 | | Act. |
| 9 | | (lll) Data exempt from disclosure under Section |
| 10 | | 2-3.196 of the School Code. |
| 11 | | (mmm) Information prohibited from being disclosed |
| 12 | | under subsection (e) of Section 1-129 of the Illinois |
| 13 | | Power Agency Act. |
| 14 | | (nnn) Materials received by the Department of Commerce |
| 15 | | and Economic Opportunity that are confidential under the |
| 16 | | Music and Musicians Tax Credit and Jobs Act. |
| 17 | | (ooo) Data or information provided pursuant to Section |
| 18 | | 20 of the Statewide Recycling Needs and Assessment Act. |
| 19 | | (ppp) Information that is exempt from disclosure under |
| 20 | | Section 28-11 of the Lawful Health Care Activity Act. |
| 21 | | (qqq) Information that is exempt from disclosure under |
| 22 | | Section 7-101 of the Illinois Human Rights Act. |
| 23 | | (rrr) Information prohibited from being disclosed |
| 24 | | under Section 4-2 of the Uniform Money Transmission |
| 25 | | Modernization Act. |
| 26 | | (sss) Information exempt from disclosure under Section |
|
| | 10400HB4725ham001 | - 21 - | LRB104 19322 SPS 35126 a |
|
|
| 1 | | 40 of the Student-Athlete Endorsement Rights Act. |
| 2 | | (ttt) Audio recordings made under Section 30 of the |
| 3 | | Illinois State Police Act, except to the extent authorized |
| 4 | | under that Section. |
| 5 | | (uuu) Information prohibited from being disclosed |
| 6 | | under Section 30-5 of the Digital Assets Regulation Act. |
| 7 | | (www) Information and documentary materials obtained |
| 8 | | by the Office of the Attorney General under Section 6.3 of |
| 9 | | the Attorney General Act that are exempt from disclosure |
| 10 | | under that Section. |
| 11 | | (Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 6-9-23; |
| 12 | | 103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff. |
| 13 | | 8-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592, |
| 14 | | eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24; |
| 15 | | 103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff. |
| 16 | | 8-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 103-1081, |
| 17 | | eff. 3-21-25; 104-10, eff. 6-16-25; 104-18, eff. 6-30-25; |
| 18 | | 104-417, eff. 8-15-25; 104-428, eff. 8-18-25; revised |
| 19 | | 9-10-25.) |
| 20 | | (Text of Section after amendment by P.A. 104-457 but |
| 21 | | before 104-441) |
| 22 | | Sec. 7.5. Statutory exemptions. To the extent provided for |
| 23 | | by the statutes referenced below, the following shall be |
| 24 | | exempt from inspection and copying: |
| 25 | | (a) All information determined to be confidential |
|
| | 10400HB4725ham001 | - 22 - | LRB104 19322 SPS 35126 a |
|
|
| 1 | | under Section 4002 of the Technology Advancement and |
| 2 | | Development Act. |
| 3 | | (b) Library circulation and order records identifying |
| 4 | | library users with specific materials under the Library |
| 5 | | Records Confidentiality Act. |
| 6 | | (c) Applications, related documents, and medical |
| 7 | | records received by the Experimental Organ Transplantation |
| 8 | | Procedures Board and any and all documents or other |
| 9 | | records prepared by the Experimental Organ Transplantation |
| 10 | | Procedures Board or its staff relating to applications it |
| 11 | | has received. |
| 12 | | (d) Information and records held by the Department of |
| 13 | | Public Health and its authorized representatives relating |
| 14 | | to known or suspected cases of sexually transmitted |
| 15 | | infection or any information the disclosure of which is |
| 16 | | restricted under the Illinois Sexually Transmitted |
| 17 | | Infection Control Act. |
| 18 | | (e) Information the disclosure of which is exempted |
| 19 | | under Section 30 of the Radon Industry Licensing Act. |
| 20 | | (f) Firm performance evaluations under Section 55 of |
| 21 | | the Architectural, Engineering, and Land Surveying |
| 22 | | Qualifications Based Selection Act. |
| 23 | | (g) Information the disclosure of which is restricted |
| 24 | | and exempted under Section 50 of the Illinois Prepaid |
| 25 | | Tuition Act. |
| 26 | | (h) Information the disclosure of which is exempted |
|
| | 10400HB4725ham001 | - 23 - | LRB104 19322 SPS 35126 a |
|
|
| 1 | | under the State Officials and Employees Ethics Act, and |
| 2 | | records of any lawfully created State or local inspector |
| 3 | | general's office that would be exempt if created or |
| 4 | | obtained by an Executive Inspector General's office under |
| 5 | | that Act. |
| 6 | | (i) Information contained in a local emergency energy |
| 7 | | plan submitted to a municipality in accordance with a |
| 8 | | local emergency energy plan ordinance that is adopted |
| 9 | | under Section 11-21.5-5 of the Illinois Municipal Code. |
| 10 | | (j) Information and data concerning the distribution |
| 11 | | of surcharge moneys collected and remitted by carriers |
| 12 | | under the Emergency Telephone System Act. |
| 13 | | (k) Law enforcement officer identification information |
| 14 | | or driver identification information compiled by a law |
| 15 | | enforcement agency or the Department of Transportation |
| 16 | | under Section 11-212 of the Illinois Vehicle Code. |
| 17 | | (l) Records and information provided to a residential |
| 18 | | health care facility resident sexual assault and death |
| 19 | | review team or the Executive Council under the Abuse |
| 20 | | Prevention Review Team Act. |
| 21 | | (m) Information provided to the predatory lending |
| 22 | | database created pursuant to Article 3 of the Residential |
| 23 | | Real Property Disclosure Act, except to the extent |
| 24 | | authorized under that Article. |
| 25 | | (n) Defense budgets and petitions for certification of |
| 26 | | compensation and expenses for court appointed trial |
|
| | 10400HB4725ham001 | - 24 - | LRB104 19322 SPS 35126 a |
|
|
| 1 | | counsel as provided under Sections 10 and 15 of the |
| 2 | | Capital Crimes Litigation Act (repealed). This subsection |
| 3 | | (n) shall apply until the conclusion of the trial of the |
| 4 | | case, even if the prosecution chooses not to pursue the |
| 5 | | death penalty prior to trial or sentencing. |
| 6 | | (o) Information that is prohibited from being |
| 7 | | disclosed under Section 4 of the Illinois Health and |
| 8 | | Hazardous Substances Registry Act. |
| 9 | | (p) Security portions of system safety program plans, |
| 10 | | investigation reports, surveys, schedules, lists, data, or |
| 11 | | information compiled, collected, or prepared by or for the |
| 12 | | Department of Transportation under Sections 2705-300 and |
| 13 | | 2705-616 of the Department of Transportation Law of the |
| 14 | | Civil Administrative Code of Illinois, the Northern |
| 15 | | Illinois Transit Authority under Section 2.11 of the |
| 16 | | Northern Illinois Transit Authority Act, or the St. Clair |
| 17 | | County Transit District under the Bi-State Transit Safety |
| 18 | | Act (repealed). |
| 19 | | (q) Information prohibited from being disclosed by the |
| 20 | | Personnel Record Review Act. |
| 21 | | (r) Information prohibited from being disclosed by the |
| 22 | | Illinois School Student Records Act. |
| 23 | | (s) Information the disclosure of which is restricted |
| 24 | | under Section 5-108 of the Public Utilities Act. |
| 25 | | (t) (Blank). |
| 26 | | (u) Records and information provided to an independent |
|
| | 10400HB4725ham001 | - 25 - | LRB104 19322 SPS 35126 a |
|
|
| 1 | | team of experts under the Developmental Disability and |
| 2 | | Mental Health Safety Act (also known as Brian's Law). |
| 3 | | (v) Names and information of people who have applied |
| 4 | | for or received Firearm Owner's Identification Cards under |
| 5 | | the Firearm Owners Identification Card Act or applied for |
| 6 | | or received a concealed carry license under the Firearm |
| 7 | | Concealed Carry Act, unless otherwise authorized by the |
| 8 | | Firearm Concealed Carry Act; and databases under the |
| 9 | | Firearm Concealed Carry Act, records of the Concealed |
| 10 | | Carry Licensing Review Board under the Firearm Concealed |
| 11 | | Carry Act, and law enforcement agency objections under the |
| 12 | | Firearm Concealed Carry Act. |
| 13 | | (v-5) Records of the Firearm Owner's Identification |
| 14 | | Card Review Board that are exempted from disclosure under |
| 15 | | Section 10 of the Firearm Owners Identification Card Act. |
| 16 | | (w) Personally identifiable information which is |
| 17 | | exempted from disclosure under subsection (g) of Section |
| 18 | | 19.1 of the Toll Highway Act. |
| 19 | | (x) Information which is exempted from disclosure |
| 20 | | under Section 5-1014.3 of the Counties Code or Section |
| 21 | | 8-11-21 of the Illinois Municipal Code. |
| 22 | | (y) Confidential information under the Adult |
| 23 | | Protective Services Act and its predecessor enabling |
| 24 | | statute, the Elder Abuse and Neglect Act, including |
| 25 | | information about the identity and administrative finding |
| 26 | | against any caregiver of a verified and substantiated |
|
| | 10400HB4725ham001 | - 26 - | LRB104 19322 SPS 35126 a |
|
|
| 1 | | decision of abuse, neglect, or financial exploitation of |
| 2 | | an eligible adult maintained in the Registry established |
| 3 | | under Section 7.5 of the Adult Protective Services Act. |
| 4 | | (z) Records and information provided to a fatality |
| 5 | | review team or the Illinois Fatality Review Team Advisory |
| 6 | | Council under Section 15 of the Adult Protective Services |
| 7 | | Act. |
| 8 | | (aa) Information which is exempted from disclosure |
| 9 | | under Section 2.37 of the Wildlife Code. |
| 10 | | (bb) Information which is or was prohibited from |
| 11 | | disclosure by the Juvenile Court Act of 1987. |
| 12 | | (cc) Recordings made under the Law Enforcement |
| 13 | | Officer-Worn Body Camera Act, except to the extent |
| 14 | | authorized under that Act. |
| 15 | | (dd) Information that is prohibited from being |
| 16 | | disclosed under Section 45 of the Condominium and Common |
| 17 | | Interest Community Ombudsperson Act. |
| 18 | | (ee) Information that is exempted from disclosure |
| 19 | | under Section 30.1 of the Pharmacy Practice Act. |
| 20 | | (ff) Information that is exempted from disclosure |
| 21 | | under the Revised Uniform Unclaimed Property Act. |
| 22 | | (gg) Information that is prohibited from being |
| 23 | | disclosed under Section 7-603.5 of the Illinois Vehicle |
| 24 | | Code. |
| 25 | | (hh) Records that are exempt from disclosure under |
| 26 | | Section 1A-16.7 of the Election Code. |
|
| | 10400HB4725ham001 | - 27 - | LRB104 19322 SPS 35126 a |
|
|
| 1 | | (ii) Information which is exempted from disclosure |
| 2 | | under Section 2505-800 of the Department of Revenue Law of |
| 3 | | the Civil Administrative Code of Illinois. |
| 4 | | (jj) Information and reports that are required to be |
| 5 | | submitted to the Department of Labor by registering day |
| 6 | | and temporary labor service agencies but are exempt from |
| 7 | | disclosure under subsection (a-1) of Section 45 of the Day |
| 8 | | and Temporary Labor Services Act. |
| 9 | | (kk) Information prohibited from disclosure under the |
| 10 | | Seizure and Forfeiture Reporting Act. |
| 11 | | (ll) Information the disclosure of which is restricted |
| 12 | | and exempted under Section 5-30.8 of the Illinois Public |
| 13 | | Aid Code. |
| 14 | | (mm) Records that are exempt from disclosure under |
| 15 | | Section 4.2 of the Crime Victims Compensation Act. |
| 16 | | (nn) Information that is exempt from disclosure under |
| 17 | | Section 70 of the Higher Education Student Assistance Act. |
| 18 | | (oo) Communications, notes, records, and reports |
| 19 | | arising out of a peer support counseling session |
| 20 | | prohibited from disclosure under the First Responders |
| 21 | | Suicide Prevention Act. |
| 22 | | (pp) Names and all identifying information relating to |
| 23 | | an employee of an emergency services provider or law |
| 24 | | enforcement agency under the First Responders Suicide |
| 25 | | Prevention Act. |
| 26 | | (qq) Information and records held by the Department of |
|
| | 10400HB4725ham001 | - 28 - | LRB104 19322 SPS 35126 a |
|
|
| 1 | | Public Health and its authorized representatives collected |
| 2 | | under the Reproductive Health Act. |
| 3 | | (rr) Information that is exempt from disclosure under |
| 4 | | the Cannabis Regulation and Tax Act. |
| 5 | | (ss) Data reported by an employer to the Department of |
| 6 | | Human Rights pursuant to Section 2-108 of the Illinois |
| 7 | | Human Rights Act. |
| 8 | | (tt) Recordings made under the Children's Advocacy |
| 9 | | Center Act, except to the extent authorized under that |
| 10 | | Act. |
| 11 | | (uu) Information that is exempt from disclosure under |
| 12 | | Section 50 of the Sexual Assault Evidence Submission Act. |
| 13 | | (vv) Information that is exempt from disclosure under |
| 14 | | subsections (f) and (j) of Section 5-36 of the Illinois |
| 15 | | Public Aid Code. |
| 16 | | (ww) Information that is exempt from disclosure under |
| 17 | | Section 16.8 of the State Treasurer Act. |
| 18 | | (xx) Information that is exempt from disclosure or |
| 19 | | information that shall not be made public under the |
| 20 | | Illinois Insurance Code. |
| 21 | | (yy) Information prohibited from being disclosed under |
| 22 | | the Illinois Educational Labor Relations Act. |
| 23 | | (zz) Information prohibited from being disclosed under |
| 24 | | the Illinois Public Labor Relations Act. |
| 25 | | (aaa) Information prohibited from being disclosed |
| 26 | | under Section 1-167 of the Illinois Pension Code. |
|
| | 10400HB4725ham001 | - 29 - | LRB104 19322 SPS 35126 a |
|
|
| 1 | | (bbb) Information that is prohibited from disclosure |
| 2 | | by the Illinois Police Training Act and the Illinois State |
| 3 | | Police Act. |
| 4 | | (ccc) Records exempt from disclosure under Section |
| 5 | | 2605-304 of the Illinois State Police Law of the Civil |
| 6 | | Administrative Code of Illinois. |
| 7 | | (ddd) Information prohibited from being disclosed |
| 8 | | under Section 35 of the Address Confidentiality for |
| 9 | | Victims of Domestic Violence, Sexual Assault, Human |
| 10 | | Trafficking, or Stalking Act. |
| 11 | | (eee) Information prohibited from being disclosed |
| 12 | | under subsection (b) of Section 75 of the Domestic |
| 13 | | Violence Fatality Review Act. |
| 14 | | (fff) Images from cameras under the Expressway Camera |
| 15 | | Act and all automated license plate reader (ALPR) |
| 16 | | information used and collected by the Illinois State |
| 17 | | Police. "ALPR information" means information gathered by |
| 18 | | an ALPR or created from the analysis of data generated by |
| 19 | | an ALPR. This subsection (fff) is inoperative on and after |
| 20 | | July 1, 2028. |
| 21 | | (ggg) Information prohibited from disclosure under |
| 22 | | paragraph (3) of subsection (a) of Section 14 of the Nurse |
| 23 | | Agency Licensing Act. |
| 24 | | (hhh) Information submitted to the Illinois State |
| 25 | | Police in an affidavit or application for an assault |
| 26 | | weapon endorsement, assault weapon attachment endorsement, |
|
| | 10400HB4725ham001 | - 30 - | LRB104 19322 SPS 35126 a |
|
|
| 1 | | .50 caliber rifle endorsement, or .50 caliber cartridge |
| 2 | | endorsement under the Firearm Owners Identification Card |
| 3 | | Act. |
| 4 | | (iii) Data exempt from disclosure under Section 50 of |
| 5 | | the School Safety Drill Act. |
| 6 | | (jjj) Information exempt from disclosure under Section |
| 7 | | 30 of the Insurance Data Security Law. |
| 8 | | (kkk) Confidential business information prohibited |
| 9 | | from disclosure under Section 45 of the Paint Stewardship |
| 10 | | Act. |
| 11 | | (lll) Data exempt from disclosure under Section |
| 12 | | 2-3.196 of the School Code. |
| 13 | | (mmm) Information prohibited from being disclosed |
| 14 | | under subsection (e) of Section 1-129 of the Illinois |
| 15 | | Power Agency Act. |
| 16 | | (nnn) Materials received by the Department of Commerce |
| 17 | | and Economic Opportunity that are confidential under the |
| 18 | | Music and Musicians Tax Credit and Jobs Act. |
| 19 | | (ooo) Data or information provided pursuant to Section |
| 20 | | 20 of the Statewide Recycling Needs and Assessment Act. |
| 21 | | (ppp) Information that is exempt from disclosure under |
| 22 | | Section 28-11 of the Lawful Health Care Activity Act. |
| 23 | | (qqq) Information that is exempt from disclosure under |
| 24 | | Section 7-101 of the Illinois Human Rights Act. |
| 25 | | (rrr) Information prohibited from being disclosed |
| 26 | | under Section 4-2 of the Uniform Money Transmission |
|
| | 10400HB4725ham001 | - 31 - | LRB104 19322 SPS 35126 a |
|
|
| 1 | | Modernization Act. |
| 2 | | (sss) Information exempt from disclosure under Section |
| 3 | | 40 of the Student-Athlete Endorsement Rights Act. |
| 4 | | (ttt) Audio recordings made under Section 30 of the |
| 5 | | Illinois State Police Act, except to the extent authorized |
| 6 | | under that Section. |
| 7 | | (uuu) Information prohibited from being disclosed |
| 8 | | under Section 30-5 of the Digital Assets Regulation Act. |
| 9 | | (www) Information and documentary materials obtained |
| 10 | | by the Office of the Attorney General under Section 6.3 of |
| 11 | | the Attorney General Act that are exempt from disclosure |
| 12 | | under that Section. |
| 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; 104-457, eff. |
| 21 | | 6-1-26; revised 1-7-26.) |
| 22 | | (Text of Section after amendment by P.A. 104-441) |
| 23 | | Sec. 7.5. Statutory exemptions. To the extent provided for |
| 24 | | by the statutes referenced below, the following shall be |
| 25 | | exempt from inspection and copying: |
|
| | 10400HB4725ham001 | - 32 - | LRB104 19322 SPS 35126 a |
|
|
| 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. |
|
| | 10400HB4725ham001 | - 33 - | LRB104 19322 SPS 35126 a |
|
|
| 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 |
|
| | 10400HB4725ham001 | - 34 - | LRB104 19322 SPS 35126 a |
|
|
| 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 Northern |
| 16 | | Illinois Transit Authority under Section 2.11 of the |
| 17 | | Northern Illinois Transit 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). |
|
| | 10400HB4725ham001 | - 35 - | LRB104 19322 SPS 35126 a |
|
|
| 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 |
|
| | 10400HB4725ham001 | - 36 - | LRB104 19322 SPS 35126 a |
|
|
| 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 |
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| 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. |
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| 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 |
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| 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 |
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| 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 |
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| 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) (uuu) Information exempt from disclosure under |
| 11 | | Section 70 of the End-of-Life Options for Terminally Ill |
| 12 | | Patients Act. |
| 13 | | (www) Information and documentary materials obtained |
| 14 | | by the Office of the Attorney General under Section 6.3 of |
| 15 | | the Attorney General Act that are exempt from disclosure |
| 16 | | under that Section. |
| 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.) |
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| 1 | | Section 95. No acceleration or delay. Where this Act makes |
| 2 | | changes in a statute that is represented in this Act by text |
| 3 | | that is not yet or no longer in effect (for example, a Section |
| 4 | | represented by multiple versions), the use of that text does |
| 5 | | not accelerate or delay the taking effect of (i) the changes |
| 6 | | made by this Act or (ii) provisions derived from any other |
| 7 | | Public Act.". |