Sen. Mary Edly-Allen

Filed: 5/19/2026

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 315

2    AMENDMENT NO. ______. Amend Senate Bill 315 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Artificial Intelligence Safety Measures Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Affiliate" means a person controlling, controlled by, or
8under common control with a specified person, directly or
9indirectly, through one or more intermediaries.
10    "Agency" means the Illinois Emergency Management Agency
11and Office of Homeland Security.
12    "Artificial intelligence" or "AI" has the meaning ascribed
13to the term "artificial intelligence" in Section 5 of the
14Digital Voice and Likeness Protection Act. "Artificial
15intelligence" or "AI" includes generative artificial
16intelligence.

 

 

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1    "Catastrophic risk" means a foreseeable and material risk
2that a frontier developer's development, storage, use, or
3deployment of a frontier model will materially contribute to
4the death of, or serious injury to, more than 50 people or more
5than $1,000,000,000 in damage to, or loss of, property arising
6from a single incident involving a frontier model doing any of
7the following:
8        (1) providing expert-level assistance in the creation
9    or release of a chemical, biological, radiological, or
10    nuclear weapon;
11        (2) engaging in conduct with no meaningful human
12    oversight, intervention, or supervision that is either a
13    cyberattack or, if the conduct had been committed by a
14    human, would constitute the crime of murder, assault,
15    extortion, or theft, including theft by false pretense; or
16        (3) evading the control of its frontier developer or
17    user.
18    "Catastrophic risk" does not include a foreseeable and
19material risk from any of the following:
20        (1) information that a frontier model outputs if the
21    information is otherwise publicly accessible in a
22    substantially similar form from a source other than a
23    foundation model;
24        (2) lawful activity of the federal government; or
25        (3) harm caused by a frontier model in combination
26    with other software if the frontier model did not

 

 

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1    materially contribute to the harm.
2    "Covered employee" means an employee responsible for
3assessing, managing, or addressing the risk of critical safety
4incidents.
5    "Critical safety incident" means any of the following:
6        (1) unauthorized access to, modification of, or
7    exfiltration of, the model weights of a frontier model
8    that results in death or bodily injury;
9        (2) harm resulting from the materialization of a
10    catastrophic risk;
11        (3) loss of control of a frontier model causing death
12    or bodily injury; or
13        (4) a frontier model that uses deceptive techniques
14    against the frontier developer to subvert the controls or
15    monitoring of its frontier developer outside of the
16    context of an evaluation designed to elicit this behavior
17    and in a manner that demonstrates materially increased
18    catastrophic risk.
19    "Deploy" means to make a frontier model available to a
20third party for use, modification, copying, or combination
21with other software. "Deploy" does not include making a
22frontier model available to a third party for the primary
23purpose of researching, developing, or evaluating the frontier
24model.
25    "Foundation model" means an artificial intelligence model
26that is all of the following:

 

 

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1        (1) trained on a broad data set;
2        (2) designed for generality of output; and
3        (3) adaptable to a wide range of distinctive tasks.
4    "Frontier AI framework" means documented technical and
5organizational protocols to manage, assess, and mitigate
6catastrophic risks.
7    "Frontier developer" means a person who trains, or
8initiates the training of, a frontier model using computing
9power that meets the technical specifications set forth in the
10definition of "frontier model". "Frontier developer" does not
11include a person who originally trained a frontier model when
12an unaffiliated person creates a modified or derivative
13version of that model. "Frontier developer" includes an
14unaffiliated person who creates a modified or derivative
15version of a frontier model if that person meets the
16requirements of this definition with respect to that modified
17or derivative version.
18    "Frontier model" means a foundation model that was trained
19using a quantity of computing power greater than 1026 integer
20or floating-point operations. The quantity of computing power
21described in this definition shall include computing for the
22original training run and for any subsequent fine-tuning,
23reinforcement learning, or other material modifications the
24developer applies to a preceding foundation model.
25    "Large frontier developer" means a frontier developer
26that, together with its affiliates, collectively had annual

 

 

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1gross revenues in excess of $500,000,000 in the preceding
2calendar year.
3    "Model weight" means a numerical parameter in a frontier
4model that is adjusted through training and that helps
5determine how inputs are transformed into outputs.
6    "Person" means an individual, proprietorship, firm,
7partnership, joint venture, syndicate, business, trust,
8company, corporation, limited liability company, association,
9committee, or any other nongovernmental organization or group
10of persons acting in concert.
11    "Property" means tangible or intangible property.
 
12    Section 10. Frontier AI framework.
13    (a) Beginning January 1, 2028, a large frontier developer
14shall write, implement, comply with, and clearly and
15conspicuously publish on its website a frontier AI framework
16that applies to the large frontier developer's frontier models
17and describes how the large frontier developer approaches all
18of the following:
19        (1) incorporating national standards, international
20    standards, and industry-consensus best practices into its
21    frontier AI framework;
22        (2) defining and assessing thresholds used by the
23    large frontier developer to identify and assess whether a
24    frontier model has capabilities that could pose a
25    catastrophic risk, which may include multiple-tiered

 

 

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1    thresholds;
2        (3) applying mitigations to address the potential for
3    catastrophic risks based on the results of assessments
4    undertaken pursuant to paragraph (2);
5        (4) reviewing assessments and adequacy of mitigations
6    as part of the decision to deploy a frontier model or use
7    it extensively internally;
8        (5) using third parties to assess the potential for
9    catastrophic risks and the effectiveness of mitigations of
10    catastrophic risks;
11        (6) revisiting and updating the frontier AI framework,
12    including any criteria that trigger updates and how the
13    large frontier developer determines when its frontier
14    models are substantially modified enough to require
15    disclosures pursuant to subsection (c);
16        (7) cybersecurity practices to secure unreleased model
17    weights from unauthorized modification or transfer by
18    internal or external parties;
19        (8) identifying and responding to critical safety
20    incidents;
21        (9) instituting internal governance practices to
22    ensure implementation of these processes; and
23        (10) assessing and managing catastrophic risk
24    resulting from the internal use of its frontier models,
25    including risks resulting from a frontier model
26    circumventing oversight mechanisms.

 

 

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1    (b)(1) A large frontier developer shall review and, as
2appropriate, update its frontier AI framework at least once
3per year.
4    (2) If a large frontier developer makes a material
5modification to its frontier AI framework, the large frontier
6developer shall clearly and conspicuously publish on its
7website the modified frontier AI framework and a justification
8for that modification within 30 days.
9    (c)(1) Before, or concurrently with, deploying a new
10frontier model or a substantially modified version of an
11existing frontier model, a frontier developer shall clearly
12and conspicuously publish on its website a transparency report
13containing all of the following:
14            (A) the website of the frontier developer;
15            (B) a mechanism that enables a natural person to
16        communicate with the frontier developer;
17            (C) the release date of the frontier model;
18            (D) the languages supported by the frontier model;
19            (E) the modalities of output supported by the
20        frontier model;
21            (F) the intended uses of the frontier model; and
22            (G) any generally applicable restrictions or
23        conditions on uses of the frontier model.
24    (2) Before, or concurrently with, deploying a new frontier
25model or a substantially modified version of an existing
26frontier model, a large frontier developer shall include in

 

 

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1the transparency report required by paragraph (1) of this
2subsection (c) summaries of all of the following:
3            (A) assessments of catastrophic risks from the
4        frontier model conducted pursuant to the large
5        frontier developer's frontier AI framework;
6            (B) the results of the assessments under
7        subparagraph (A);
8            (C) the extent to which third-party evaluators
9        were involved; and
10            (D) other steps taken to fulfill the requirements
11        of the frontier AI framework with respect to the
12        frontier model.
13    (3) All summaries required under paragraph (2) shall be
14provided in a machine-readable format to facilitate
15verification of model claims.
16    (4) A frontier developer that publishes the information
17described in paragraph (1) or (2) as part of a larger document,
18including a system card or model card, shall be deemed in
19compliance with the applicable paragraph.
20    (5) A frontier developer is encouraged, but not required,
21to make disclosures described in this subsection (c) that are
22consistent with, or superior to, industry best practices.
23    (d) Beginning on January 1, 2028 or 90 days after a
24developer first qualifies as a large frontier developer,
25whichever is later, a large frontier developer shall annually
26retain a third party to perform an independent audit of

 

 

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1compliance with the requirements of this Section. The third
2party shall conduct audits consistent with generally accepted
3auditing standards and best practices and shall possess
4demonstrated competence to perform the audit, including
5experience employing or contracting with individuals who
6possess technical expertise in the safety of frontier models.
7A large frontier developer shall not retain a third party if
8either the large frontier developer or the third party has a
9financial interest in the other party. A large frontier
10developer may compensate a third party for its services but
11shall not condition any payment or the amount of any payment on
12the results of the third party's audit.
13        (1) The third party shall be granted access to all
14    materials reasonably necessary to comply with the third
15    party's obligations under this subsection (d), including,
16    but not limited to, all unredacted versions of materials
17    published pursuant to this Act. To protect the frontier
18    developer's trade secrets and confidential business
19    information, cybersecurity, national security of the
20    United States, or public safety, a large frontier
21    developer may impose security protocols on the third
22    party, including, but not limited to, restrictions on note
23    taking, copying, retaining, or removing materials;
24    requirements for on-premise review; and confidentiality
25    requirements.
26        (2) The third party shall produce a report that

 

 

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1    includes all of the following:
2            (A) a description of whether the large frontier
3        developer has substantially complied with the
4        requirements of this Section;
5            (B) if applicable, a description of material
6        deviations from the requirements of this Section, an
7        explanation of any deviation and its rationale, and
8        any recommendations for how the developer can improve
9        its policies and processes for ensuring compliance
10        with the requirements of this Section;
11            (C) a detailed assessment of the large frontier
12        developer's internal controls, including its
13        designation and empowerment of senior personnel
14        responsible for such implementation by the large
15        frontier developer, its employees, and its
16        contractors;
17            (D) a list of the personnel involved in the audit;
18            (E) the third party's procedures for managing
19        conflicts of interest and any conflicts of interest of
20        any personnel involved in the audit;
21            (F) the methodology of the audit and the nature of
22        the information reviewed by the third party to conduct
23        the audit; and
24            (G) the signature of the lead auditor certifying
25        the results of the audit.
26        (3) The large frontier developer shall retain an

 

 

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1    unredacted copy of the report for as long as a frontier
2    model is deployed plus 5 years.
3        (4)(A) No later than 30 days after receiving the audit
4    report, the large frontier developer shall conspicuously
5    publish on its website a high-level summary of the audit
6    findings and a copy of the third party's report with
7    appropriate redactions and transmit a copy of the redacted
8    report to the Agency and the Attorney General.
9        (B) The large frontier developer shall grant the
10    Agency and the Attorney General access to the third
11    party's report, with redactions, upon request, subject to
12    the redactions permitted under subsection (g).
13    (e) A large frontier developer shall transmit to the
14Agency a summary of any assessment of catastrophic risk
15resulting from internal use of its frontier models every 3
16months or pursuant to another reasonable schedule specified by
17the large frontier developer and communicated in writing to
18the Agency and the Attorney General with written updates, as
19appropriate and agreed upon by the Agency.
20    (f)(1) A frontier developer shall not make a materially
21false or misleading statement about catastrophic risk from its
22frontier models or its management of catastrophic risk.
23    A large frontier developer shall not make a materially
24false or misleading statement about its implementation of, or
25compliance with, its frontier AI framework.
26    (2) This subsection (f) does not apply to a statement that

 

 

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1was made in good faith and was reasonable under the
2circumstances.
3    (g)(1) When a frontier developer publishes documents to
4comply with this Section, the frontier developer may make
5redactions to those documents that are necessary to protect
6the frontier developer's trade secrets, the frontier
7developer's cybersecurity, public safety, or the national
8security of the United States or to comply with any federal or
9State law.
10    (2) If a frontier developer redacts information in a
11document pursuant to this subsection (g), the frontier
12developer shall describe the character and justification of
13the redaction in any published version of the document to the
14extent permitted by the concerns that justify redaction and
15shall retain the unredacted information for 5 years.
 
16    Section 15. Reporting critical safety incidents.
17    (a) The Agency, in consultation with the Attorney General,
18shall establish a mechanism to be used by a frontier developer
19or a member of the public to report a critical safety incident
20that includes all of the following:
21        (1) the date of the critical safety incident;
22        (2) the reasons the incident qualifies as a critical
23    safety incident;
24        (3) a short and plain statement describing the
25    critical safety incident; and

 

 

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1        (4) whether the incident was associated with internal
2    use of a frontier model.
3    (b)(1) The Agency, in consultation with the Attorney
4General, shall establish a mechanism to be used by a large
5frontier developer to confidentially submit summaries of any
6assessments of the potential for catastrophic risk resulting
7from internal use of its frontier models.
8    (2) The Agency and the Attorney General shall take all
9necessary precautions to limit access to any reports related
10to internal use of frontier models to only personnel with a
11specific need to know the information and to protect the
12reports from unauthorized access.
13    (c) A frontier developer shall report any critical safety
14incident pertaining to one or more of its frontier models to
15the Agency and the Attorney General within 72 hours of the
16frontier developer learning facts sufficient to establish a
17reasonable belief that a critical safety incident has
18occurred. The disclosure shall include: (i) the date of the
19critical safety incident; (ii) the reasons the incident
20qualifies as a critical safety incident as defined in this
21Act; and (iii) a short and plain statement describing the
22critical safety incident. If a frontier developer discovers
23that a critical safety incident poses an imminent risk of
24death or serious physical injury, the frontier developer shall
25disclose that incident within 24 hours to an authority,
26including any law enforcement agency or public safety agency

 

 

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1with jurisdiction, that is appropriate based on the nature of
2that incident and as required by law. A frontier developer
3that discovers information about a critical safety incident
4after filing the initial report required by this subsection
5(c) may file an amended report. A frontier developer is
6encouraged, but not required, to report critical safety
7incidents pertaining to foundation models that are not
8frontier models.
9    (d) The Agency and the Attorney General shall review
10critical safety incident reports submitted by frontier
11developers and may review reports submitted by members of the
12public.
13    (e) The Attorney General or the Agency may transmit
14reports of critical safety incidents to the General Assembly,
15the Governor, the federal government, or appropriate State
16agencies. The Attorney General and the Agency shall strongly
17consider any risks related to trade secrets, public safety,
18cybersecurity of a frontier developer, or national security
19when transmitting reports.
20    (f) The following records are exempt from disclosure under
21the Freedom of Information Act:
22        (1) any report of a critical safety incident submitted
23    to the Agency or the Attorney General;
24        (2) any report of an assessment of catastrophic risk
25    from internal use under subsection (e) of Section 10;
26        (3) any unredacted version of the third party audit

 

 

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1    report produced under subsection (d) of Section 10 in the
2    possession of the Agency or the Attorney General;
3        (4) any materials, work papers, notes, or derivative
4    documents prepared by a third party in connection with an
5    audit under subsection (d) of Section 10, to the extent
6    such materials come into the possession of the Agency or
7    the Attorney General; and
8        (5) any covered employee report made under Section 30.
9    (g)(1) By January 1, 2029, and by each January 1
10thereafter, the Agency, in consultation with the Attorney
11General, shall produce a report that includes the following:
12        (A) anonymized and aggregated information about
13    critical safety incidents that have been reviewed by the
14    Agency or the Attorney General since the preceding report;
15        (B) information that the Agency deems relevant to
16    frontier model safety;
17        (C) recommended updates to this Act, if any; and
18        (D) any developments relevant to the purposes of this
19    Act.
20    (2) The Agency and the Attorney General shall not include
21information in a report that would compromise the trade
22secrets or cybersecurity of a frontier developer, public
23safety, or the national security of the United States or that
24would be prohibited by any federal or State law.
25    (3) The Agency, in consultation with the Attorney General,
26shall transmit the report under this subsection (g) to the

 

 

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1General Assembly and to the Governor.
 
2    Section 17. Interoperability.
3    (a) The Agency, in consultation with the Attorney General,
4shall designate on its website a declaration process and one
5or more federal laws, regulations, or guidance documents that
6meet all of the following conditions for the purposes of
7subsection (b):
8        (1) the law, regulation, or guidance document imposes
9    or states standards or requirements for critical safety
10    incident reporting that are substantially equivalent to,
11    or stricter than, those required by this Act;
12        (2) the law, regulation, or guidance document
13    described in paragraph (1) does not need to require
14    critical safety incident reporting to the State of
15    Illinois;
16        (3) the law, regulation, or guidance document is
17    intended to assess, detect, or mitigate the catastrophic
18    risk in ways that are substantially equivalent to this
19    Act; and
20        (4) the law, regulation, or guidance document requires
21    the large frontier developer to undergo independent
22    third-party audits of its assessment of catastrophic risks
23    and critical safety incident reporting with requirements
24    that are substantially equivalent to, or stricter than,
25    those required by this Act.

 

 

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1    (b)(1) A frontier developer that intends to comply with
2this Act by complying with the requirements of, or meeting the
3standards stated by, a federal law, regulation, or guidance
4document designated in subsection (a) shall declare its intent
5to do so to the Agency by following the process outlined on the
6Agency's website.
7    (2) After a frontier developer has declared its intent
8pursuant to paragraph (1), both of the following apply:
9        (A) the frontier developer shall be deemed in
10    compliance with this Act to the extent that the frontier
11    developer meets the standards of, or complies with the
12    requirements imposed or stated by, the designated federal
13    law, regulation, or guidance document until the frontier
14    developer declares the revocation of that intent to the
15    Agency in the manner provided for on the Agency's website;
16    and
17        (B) the failure by a frontier developer to meet the
18    standards of, or comply with the requirements stated by,
19    the federal law, regulation, or guidance document
20    designated pursuant to subsection (a) shall constitute a
21    violation of this Act.
22    (c) The Agency shall issue updated guidance documents on
23its website if the requirements of subsection (a) are no
24longer met.
 
25    Section 18. Large frontier developer disclosure.

 

 

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1    (a) Except as otherwise provided in this Section,
2beginning January 1, 2027, no large frontier developer may
3develop, deploy, or operate a frontier model, in whole or in
4part in this State, without having a current disclosure
5statement filed with the Agency and paying the required fee.
6    (b) The disclosure statement shall be filed in the form
7and the manner prescribed by the Agency on the Agency's
8website and shall contain all the information required by the
9Agency. It shall be renewed annually, whenever ownership of
10the frontier model is transferred or whenever there is a
11material change to the information reported in the previously
12filed disclosure statement, whichever occurs earlier.
13    (c) The disclosure statement shall identify:
14        (1) the identity of the large frontier developer and
15    all names under which such large frontier developer
16    conducts business;
17        (2) the address of the principal place of business and
18    the address of each office the large frontier developer
19    maintains in this State;
20        (3) in the event the large frontier developer or the
21    ultimate parent of the large frontier developer is a
22    privately or closely held company, a list of all persons
23    or entities that beneficially own a 5% or greater interest
24    in the large frontier developer at the time the disclosure
25    statement is filed and a list of persons who formerly
26    beneficially owned a 5% or greater interest in the owner

 

 

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1    or its predecessors in the preceding 5 years; in the event
2    the owner or the ultimate parent is a publicly traded
3    company, the owner shall file a list of all persons or
4    entities that beneficially own a 50% or greater interest
5    in the large frontier developer at the time of disclosure;
6    and
7        (4) the name and contact information of a point of
8    contact, secondary contact, and tertiary contact for the
9    large frontier developer; the point of contact shall be
10    responsible for receiving inquiries relating to this Act
11    from the Agency or other governmental entities.
12    (d) The Agency shall charge and collect fees from large
13frontier developers for the expenses of administering this
14Act, which shall be nonrefundable unless otherwise indicated.
15Each large frontier developer shall pay to the Agency its pro
16rata share of the cost of administration of this Act, as
17estimated by the Agency, for the current year and any deficit
18actually incurred in the administration of the Act in prior
19years.
20    (e) If any person develops, deploys, or operates a large
21frontier model in this State without a current disclosure
22filed with the Agency as required by this Section, submits
23false information in its disclosure or fails to timely pay any
24assessment required by this Act, in addition to any other
25penalty or liability that may be imposed under this Act, the
26Agency may, after notice and hearing, levy civil penalties,

 

 

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1fees, and costs as follows:
2        (1) a civil penalty of $1,000 for each day the person
3    fails to file a disclosure as required by this Section or
4    fails to correct false information; and
5        (2) an amount equal to the assessments owed.
6    (f) The Agency shall maintain and publish a list of large
7frontier developers who have filed disclosure statements;
8however, the publication shall not include the contact
9information set forth in subsection (c).
 
10    Section 20. Whistleblower protections.
11    (a) A frontier developer shall not make, adopt, enforce,
12or enter into a rule, regulation, policy, or contract that
13prevents a covered employee from disclosing, or retaliates
14against a covered employee for disclosing, information to the
15Agency, Attorney General, a federal authority, a person with
16authority over the covered employee, or another covered
17employee who has authority to investigate, discover, or
18correct the reported issue, if the covered employee has
19reasonable cause to believe that the information discloses
20that:
21        (1) the frontier developer's activities pose a
22    specific and substantial danger to the public health or
23    safety resulting from a catastrophic risk; or
24        (2) the frontier developer has violated this Act.
25    (b) A frontier developer shall not enter into a contract

 

 

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1that prevents a covered employee from making a disclosure
2protected under the Whistleblower Act.
3    (c) A covered employee may use the Attorney General's
4Workplace Rights Hotline to make reports described in
5subsection (a).
6    (d) A frontier developer shall provide a clear notice to
7all covered employees of their rights and responsibilities
8under this Section, including by doing either of the
9following:
10        (1) at all times posting and displaying within any
11    workplace maintained by the frontier developer a notice to
12    all covered employees of their rights under this Section,
13    ensuring that any new covered employee receives equivalent
14    notice, and ensuring that any covered employee who works
15    remotely periodically receives an equivalent notice; or
16        (2) at least once each year, providing written notice
17    to each covered employee of the covered employee's rights
18    under this Section and ensuring that the notice is
19    received and acknowledged by all of those covered
20    employees.
21    (e)(1) A large frontier developer shall provide a
22reasonable internal process through which a covered employee
23may anonymously disclose information to the large frontier
24developer if the covered employee believes in good faith that
25the information indicates that the large frontier developer's
26activities present a specific and substantial danger to the

 

 

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1public health or safety resulting from a catastrophic risk or
2that the large frontier developer violated this Act, including
3a monthly update to the person who made the disclosure
4regarding the status of the large frontier developer's
5investigation of the disclosure and the actions taken by the
6large frontier developer in response to the disclosure.
7    (2)(A) Except as provided in subparagraph (B), the
8disclosures and responses of the process required by this
9subsection (e) shall be shared with officers and directors of
10the large frontier developer at least once each quarter.
11    (B) If a covered employee has alleged wrongdoing by an
12officer or director of the large frontier developer in a
13disclosure or response, subparagraph (A) shall not apply with
14respect to that officer or director.
15    (f) This Section does not impair or limit the
16applicability of the Whistleblower Act, including with respect
17to the rights of employees who are not covered employees to
18report violations of this Act.
 
19    Section 25. Civil penalty.
20    (a) A large frontier developer that fails to publish or
21transmit a compliant document required to be published or
22transmitted under this Act, makes a statement in violation of
23subsection (f) of Section 10, fails to have a third party
24perform an independent audit of compliance as required by
25subsection (d) of Section 10, fails to report a critical

 

 

10400SB0315sam002- 23 -LRB104 06438 BDA 37922 a

1safety incident as required by Section 15, or fails to comply
2with its own frontier AI framework shall be subject to a civil
3penalty in an amount dependent upon the severity of the
4violation that does not exceed $1,000,000 for the first
5violation. For a subsequent violation, the civil penalty may
6not exceed $3,000,000 per violation.
7    (b) A civil penalty described in this Section shall be
8recovered in a civil action brought exclusively by the
9Attorney General. Any civil penalties collected from the
10enforcement of this Act shall be deposited into the Attorney
11General Court Ordered and Voluntary Compliance Payment
12Projects Fund.
13    (c) The loss of value of equity does not count as damage to
14or loss of property for the purposes of this Act.
15    (d) Nothing in this Act shall be construed to establish a
16private right of action associated with violations of this
17Act.
 
18    Section 30. Duties and obligations. The duties and
19obligations imposed by this Act are cumulative with any other
20duties or obligations imposed under other law and shall not be
21construed to relieve any party from any duties or obligations
22imposed under other law and do not limit any rights or remedies
23under existing law.
 
24    Section 35. Home rule. The regulation of artificial

 

 

10400SB0315sam002- 24 -LRB104 06438 BDA 37922 a

1intelligence frontier models is an exclusive power and
2function of the State. A home rule unit may not regulate
3disclosures related to the use of artificial intelligence in
4commercial communications with consumers. This Section is a
5denial and limitation of home rule powers and functions under
6subsection (h) of Section 6 of Article VII of the Illinois
7Constitution.
 
8    Section 80. The Freedom of Information Act is amended by
9changing Section 7.5 as follows:
 
10    (5 ILCS 140/7.5)
11    (Text of Section before amendment by P.A. 104-441 and
12104-457)
13    Sec. 7.5. Statutory exemptions. To the extent provided for
14by the statutes referenced below, the following shall be
15exempt from inspection and copying:
16        (a) All information determined to be confidential
17    under Section 4002 of the Technology Advancement and
18    Development Act.
19        (b) Library circulation and order records identifying
20    library users with specific materials under the Library
21    Records Confidentiality Act.
22        (c) Applications, related documents, and medical
23    records received by the Experimental Organ Transplantation
24    Procedures Board and any and all documents or other

 

 

10400SB0315sam002- 25 -LRB104 06438 BDA 37922 a

1    records prepared by the Experimental Organ Transplantation
2    Procedures Board or its staff relating to applications it
3    has received.
4        (d) Information and records held by the Department of
5    Public Health and its authorized representatives relating
6    to known or suspected cases of sexually transmitted
7    infection or any information the disclosure of which is
8    restricted under the Illinois Sexually Transmitted
9    Infection Control Act.
10        (e) Information the disclosure of which is exempted
11    under Section 30 of the Radon Industry Licensing Act.
12        (f) Firm performance evaluations under Section 55 of
13    the Architectural, Engineering, and Land Surveying
14    Qualifications Based Selection Act.
15        (g) Information the disclosure of which is restricted
16    and exempted under Section 50 of the Illinois Prepaid
17    Tuition Act.
18        (h) Information the disclosure of which is exempted
19    under the State Officials and Employees Ethics Act, and
20    records of any lawfully created State or local inspector
21    general's office that would be exempt if created or
22    obtained by an Executive Inspector General's office under
23    that Act.
24        (i) Information contained in a local emergency energy
25    plan submitted to a municipality in accordance with a
26    local emergency energy plan ordinance that is adopted

 

 

10400SB0315sam002- 26 -LRB104 06438 BDA 37922 a

1    under Section 11-21.5-5 of the Illinois Municipal Code.
2        (j) Information and data concerning the distribution
3    of surcharge moneys collected and remitted by carriers
4    under the Emergency Telephone System Act.
5        (k) Law enforcement officer identification information
6    or driver identification information compiled by a law
7    enforcement agency or the Department of Transportation
8    under Section 11-212 of the Illinois Vehicle Code.
9        (l) Records and information provided to a residential
10    health care facility resident sexual assault and death
11    review team or the Executive Council under the Abuse
12    Prevention Review Team Act.
13        (m) Information provided to the predatory lending
14    database created pursuant to Article 3 of the Residential
15    Real Property Disclosure Act, except to the extent
16    authorized under that Article.
17        (n) Defense budgets and petitions for certification of
18    compensation and expenses for court appointed trial
19    counsel as provided under Sections 10 and 15 of the
20    Capital Crimes Litigation Act (repealed). This subsection
21    (n) shall apply until the conclusion of the trial of the
22    case, even if the prosecution chooses not to pursue the
23    death penalty prior to trial or sentencing.
24        (o) Information that is prohibited from being
25    disclosed under Section 4 of the Illinois Health and
26    Hazardous Substances Registry Act.

 

 

10400SB0315sam002- 27 -LRB104 06438 BDA 37922 a

1        (p) Security portions of system safety program plans,
2    investigation reports, surveys, schedules, lists, data, or
3    information compiled, collected, or prepared by or for the
4    Department of Transportation under Sections 2705-300 and
5    2705-616 of the Department of Transportation Law of the
6    Civil Administrative Code of Illinois, the Regional
7    Transportation Authority under Section 2.11 of the
8    Regional Transportation Authority Act, or the St. Clair
9    County Transit District under the Bi-State Transit Safety
10    Act (repealed).
11        (q) Information prohibited from being disclosed by the
12    Personnel Record Review Act.
13        (r) Information prohibited from being disclosed by the
14    Illinois School Student Records Act.
15        (s) Information the disclosure of which is restricted
16    under Section 5-108 of the Public Utilities Act.
17        (t) (Blank).
18        (u) Records and information provided to an independent
19    team of experts under the Developmental Disability and
20    Mental Health Safety Act (also known as Brian's Law).
21        (v) Names and information of people who have applied
22    for or received Firearm Owner's Identification Cards under
23    the Firearm Owners Identification Card Act or applied for
24    or received a concealed carry license under the Firearm
25    Concealed Carry Act, unless otherwise authorized by the
26    Firearm Concealed Carry Act; and databases under the

 

 

10400SB0315sam002- 28 -LRB104 06438 BDA 37922 a

1    Firearm Concealed Carry Act, records of the Concealed
2    Carry Licensing Review Board under the Firearm Concealed
3    Carry Act, and law enforcement agency objections under the
4    Firearm Concealed Carry Act.
5        (v-5) Records of the Firearm Owner's Identification
6    Card Review Board that are exempted from disclosure under
7    Section 10 of the Firearm Owners Identification Card Act.
8        (w) Personally identifiable information which is
9    exempted from disclosure under subsection (g) of Section
10    19.1 of the Toll Highway Act.
11        (x) Information which is exempted from disclosure
12    under Section 5-1014.3 of the Counties Code or Section
13    8-11-21 of the Illinois Municipal Code.
14        (y) Confidential information under the Adult
15    Protective Services Act and its predecessor enabling
16    statute, the Elder Abuse and Neglect Act, including
17    information about the identity and administrative finding
18    against any caregiver of a verified and substantiated
19    decision of abuse, neglect, or financial exploitation of
20    an eligible adult maintained in the Registry established
21    under Section 7.5 of the Adult Protective Services Act.
22        (z) Records and information provided to a fatality
23    review team or the Illinois Fatality Review Team Advisory
24    Council under Section 15 of the Adult Protective Services
25    Act.
26        (aa) Information which is exempted from disclosure

 

 

10400SB0315sam002- 29 -LRB104 06438 BDA 37922 a

1    under Section 2.37 of the Wildlife Code.
2        (bb) Information which is or was prohibited from
3    disclosure by the Juvenile Court Act of 1987.
4        (cc) Recordings made under the Law Enforcement
5    Officer-Worn Body Camera Act, except to the extent
6    authorized under that Act.
7        (dd) Information that is prohibited from being
8    disclosed under Section 45 of the Condominium and Common
9    Interest Community Ombudsperson Act.
10        (ee) Information that is exempted from disclosure
11    under Section 30.1 of the Pharmacy Practice Act.
12        (ff) Information that is exempted from disclosure
13    under the Revised Uniform Unclaimed Property Act.
14        (gg) Information that is prohibited from being
15    disclosed under Section 7-603.5 of the Illinois Vehicle
16    Code.
17        (hh) Records that are exempt from disclosure under
18    Section 1A-16.7 of the Election Code.
19        (ii) Information which is exempted from disclosure
20    under Section 2505-800 of the Department of Revenue Law of
21    the Civil Administrative Code of Illinois.
22        (jj) Information and reports that are required to be
23    submitted to the Department of Labor by registering day
24    and temporary labor service agencies but are exempt from
25    disclosure under subsection (a-1) of Section 45 of the Day
26    and Temporary Labor Services Act.

 

 

10400SB0315sam002- 30 -LRB104 06438 BDA 37922 a

1        (kk) Information prohibited from disclosure under the
2    Seizure and Forfeiture Reporting Act.
3        (ll) Information the disclosure of which is restricted
4    and exempted under Section 5-30.8 of the Illinois Public
5    Aid Code.
6        (mm) Records that are exempt from disclosure under
7    Section 4.2 of the Crime Victims Compensation Act.
8        (nn) Information that is exempt from disclosure under
9    Section 70 of the Higher Education Student Assistance Act.
10        (oo) Communications, notes, records, and reports
11    arising out of a peer support counseling session
12    prohibited from disclosure under the First Responders
13    Suicide Prevention Act.
14        (pp) Names and all identifying information relating to
15    an employee of an emergency services provider or law
16    enforcement agency under the First Responders Suicide
17    Prevention Act.
18        (qq) Information and records held by the Department of
19    Public Health and its authorized representatives collected
20    under the Reproductive Health Act.
21        (rr) Information that is exempt from disclosure under
22    the Cannabis Regulation and Tax Act.
23        (ss) Data reported by an employer to the Department of
24    Human Rights pursuant to Section 2-108 of the Illinois
25    Human Rights Act.
26        (tt) Recordings made under the Children's Advocacy

 

 

10400SB0315sam002- 31 -LRB104 06438 BDA 37922 a

1    Center Act, except to the extent authorized under that
2    Act.
3        (uu) Information that is exempt from disclosure under
4    Section 50 of the Sexual Assault Evidence Submission Act.
5        (vv) Information that is exempt from disclosure under
6    subsections (f) and (j) of Section 5-36 of the Illinois
7    Public Aid Code.
8        (ww) Information that is exempt from disclosure under
9    Section 16.8 of the State Treasurer Act.
10        (xx) Information that is exempt from disclosure or
11    information that shall not be made public under the
12    Illinois Insurance Code.
13        (yy) Information prohibited from being disclosed under
14    the Illinois Educational Labor Relations Act.
15        (zz) Information prohibited from being disclosed under
16    the Illinois Public Labor Relations Act.
17        (aaa) Information prohibited from being disclosed
18    under Section 1-167 of the Illinois Pension Code.
19        (bbb) Information that is prohibited from disclosure
20    by the Illinois Police Training Act and the Illinois State
21    Police Act.
22        (ccc) Records exempt from disclosure under Section
23    2605-304 of the Illinois State Police Law of the Civil
24    Administrative Code of Illinois.
25        (ddd) Information prohibited from being disclosed
26    under Section 35 of the Address Confidentiality for

 

 

10400SB0315sam002- 32 -LRB104 06438 BDA 37922 a

1    Victims of Domestic Violence, Sexual Assault, Human
2    Trafficking, or Stalking Act.
3        (eee) Information prohibited from being disclosed
4    under subsection (b) of Section 75 of the Domestic
5    Violence Fatality Review Act.
6        (fff) Images from cameras under the Expressway Camera
7    Act and all automated license plate reader (ALPR)
8    information used and collected by the Illinois State
9    Police. "ALPR information" means information gathered by
10    an ALPR or created from the analysis of data generated by
11    an ALPR. This subsection (fff) is inoperative on and after
12    July 1, 2028.
13        (ggg) Information prohibited from disclosure under
14    paragraph (3) of subsection (a) of Section 14 of the Nurse
15    Agency Licensing Act.
16        (hhh) Information submitted to the Illinois State
17    Police in an affidavit or application for an assault
18    weapon endorsement, assault weapon attachment endorsement,
19    .50 caliber rifle endorsement, or .50 caliber cartridge
20    endorsement under the Firearm Owners Identification Card
21    Act.
22        (iii) Data exempt from disclosure under Section 50 of
23    the School Safety Drill Act.
24        (jjj) Information exempt from disclosure under Section
25    30 of the Insurance Data Security Law.
26        (kkk) Confidential business information prohibited

 

 

10400SB0315sam002- 33 -LRB104 06438 BDA 37922 a

1    from disclosure under Section 45 of the Paint Stewardship
2    Act.
3        (lll) Data exempt from disclosure under Section
4    2-3.196 of the School Code.
5        (mmm) Information prohibited from being disclosed
6    under subsection (e) of Section 1-129 of the Illinois
7    Power Agency Act.
8        (nnn) Materials received by the Department of Commerce
9    and Economic Opportunity that are confidential under the
10    Music and Musicians Tax Credit and Jobs Act.
11        (ooo) Data or information provided pursuant to Section
12    20 of the Statewide Recycling Needs and Assessment Act.
13        (ppp) Information that is exempt from disclosure under
14    Section 28-11 of the Lawful Health Care Activity Act.
15        (qqq) Information that is exempt from disclosure under
16    Section 7-101 of the Illinois Human Rights Act.
17        (rrr) Information prohibited from being disclosed
18    under Section 4-2 of the Uniform Money Transmission
19    Modernization Act.
20        (sss) Information exempt from disclosure under Section
21    40 of the Student-Athlete Endorsement Rights Act.
22        (ttt) Audio recordings made under Section 30 of the
23    Illinois State Police Act, except to the extent authorized
24    under that Section.
25        (uuu) Information prohibited from being disclosed
26    under Section 30-5 of the Digital Assets Regulation Act.

 

 

10400SB0315sam002- 34 -LRB104 06438 BDA 37922 a

1        (vvv) Information exempt from disclosure under
2    subsection (f) of Section 15 of the Artificial
3    Intelligence Safety Measures Act.
4(Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 6-9-23;
5103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff.
68-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592,
7eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24;
8103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff.
98-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 103-1081,
10eff. 3-21-25; 104-10, eff. 6-16-25; 104-18, eff. 6-30-25;
11104-417, eff. 8-15-25; 104-428, eff. 8-18-25; revised
129-10-25.)
 
13    (Text of Section after amendment by P.A. 104-457 but
14before 104-441)
15    Sec. 7.5. Statutory exemptions. To the extent provided for
16by the statutes referenced below, the following shall be
17exempt from inspection and copying:
18        (a) All information determined to be confidential
19    under Section 4002 of the Technology Advancement and
20    Development Act.
21        (b) Library circulation and order records identifying
22    library users with specific materials under the Library
23    Records Confidentiality Act.
24        (c) Applications, related documents, and medical
25    records received by the Experimental Organ Transplantation

 

 

10400SB0315sam002- 35 -LRB104 06438 BDA 37922 a

1    Procedures Board and any and all documents or other
2    records prepared by the Experimental Organ Transplantation
3    Procedures Board or its staff relating to applications it
4    has received.
5        (d) Information and records held by the Department of
6    Public Health and its authorized representatives relating
7    to known or suspected cases of sexually transmitted
8    infection or any information the disclosure of which is
9    restricted under the Illinois Sexually Transmitted
10    Infection Control Act.
11        (e) Information the disclosure of which is exempted
12    under Section 30 of the Radon Industry Licensing Act.
13        (f) Firm performance evaluations under Section 55 of
14    the Architectural, Engineering, and Land Surveying
15    Qualifications Based Selection Act.
16        (g) Information the disclosure of which is restricted
17    and exempted under Section 50 of the Illinois Prepaid
18    Tuition Act.
19        (h) Information the disclosure of which is exempted
20    under the State Officials and Employees Ethics Act, and
21    records of any lawfully created State or local inspector
22    general's office that would be exempt if created or
23    obtained by an Executive Inspector General's office under
24    that Act.
25        (i) Information contained in a local emergency energy
26    plan submitted to a municipality in accordance with a

 

 

10400SB0315sam002- 36 -LRB104 06438 BDA 37922 a

1    local emergency energy plan ordinance that is adopted
2    under Section 11-21.5-5 of the Illinois Municipal Code.
3        (j) Information and data concerning the distribution
4    of surcharge moneys collected and remitted by carriers
5    under the Emergency Telephone System Act.
6        (k) Law enforcement officer identification information
7    or driver identification information compiled by a law
8    enforcement agency or the Department of Transportation
9    under Section 11-212 of the Illinois Vehicle Code.
10        (l) Records and information provided to a residential
11    health care facility resident sexual assault and death
12    review team or the Executive Council under the Abuse
13    Prevention Review Team Act.
14        (m) Information provided to the predatory lending
15    database created pursuant to Article 3 of the Residential
16    Real Property Disclosure Act, except to the extent
17    authorized under that Article.
18        (n) Defense budgets and petitions for certification of
19    compensation and expenses for court appointed trial
20    counsel as provided under Sections 10 and 15 of the
21    Capital Crimes Litigation Act (repealed). This subsection
22    (n) shall apply until the conclusion of the trial of the
23    case, even if the prosecution chooses not to pursue the
24    death penalty prior to trial or sentencing.
25        (o) Information that is prohibited from being
26    disclosed under Section 4 of the Illinois Health and

 

 

10400SB0315sam002- 37 -LRB104 06438 BDA 37922 a

1    Hazardous Substances Registry Act.
2        (p) Security portions of system safety program plans,
3    investigation reports, surveys, schedules, lists, data, or
4    information compiled, collected, or prepared by or for the
5    Department of Transportation under Sections 2705-300 and
6    2705-616 of the Department of Transportation Law of the
7    Civil Administrative Code of Illinois, the Northern
8    Illinois Transit Authority under Section 2.11 of the
9    Northern Illinois Transit Authority Act, or the St. Clair
10    County Transit District under the Bi-State Transit Safety
11    Act (repealed).
12        (q) Information prohibited from being disclosed by the
13    Personnel Record Review Act.
14        (r) Information prohibited from being disclosed by the
15    Illinois School Student Records Act.
16        (s) Information the disclosure of which is restricted
17    under Section 5-108 of the Public Utilities Act.
18        (t) (Blank).
19        (u) Records and information provided to an independent
20    team of experts under the Developmental Disability and
21    Mental Health Safety Act (also known as Brian's Law).
22        (v) Names and information of people who have applied
23    for or received Firearm Owner's Identification Cards under
24    the Firearm Owners Identification Card Act or applied for
25    or received a concealed carry license under the Firearm
26    Concealed Carry Act, unless otherwise authorized by the

 

 

10400SB0315sam002- 38 -LRB104 06438 BDA 37922 a

1    Firearm Concealed Carry Act; and databases under the
2    Firearm Concealed Carry Act, records of the Concealed
3    Carry Licensing Review Board under the Firearm Concealed
4    Carry Act, and law enforcement agency objections under the
5    Firearm Concealed Carry Act.
6        (v-5) Records of the Firearm Owner's Identification
7    Card Review Board that are exempted from disclosure under
8    Section 10 of the Firearm Owners Identification Card Act.
9        (w) Personally identifiable information which is
10    exempted from disclosure under subsection (g) of Section
11    19.1 of the Toll Highway Act.
12        (x) Information which is exempted from disclosure
13    under Section 5-1014.3 of the Counties Code or Section
14    8-11-21 of the Illinois Municipal Code.
15        (y) Confidential information under the Adult
16    Protective Services Act and its predecessor enabling
17    statute, the Elder Abuse and Neglect Act, including
18    information about the identity and administrative finding
19    against any caregiver of a verified and substantiated
20    decision of abuse, neglect, or financial exploitation of
21    an eligible adult maintained in the Registry established
22    under Section 7.5 of the Adult Protective Services Act.
23        (z) Records and information provided to a fatality
24    review team or the Illinois Fatality Review Team Advisory
25    Council under Section 15 of the Adult Protective Services
26    Act.

 

 

10400SB0315sam002- 39 -LRB104 06438 BDA 37922 a

1        (aa) Information which is exempted from disclosure
2    under Section 2.37 of the Wildlife Code.
3        (bb) Information which is or was prohibited from
4    disclosure by the Juvenile Court Act of 1987.
5        (cc) Recordings made under the Law Enforcement
6    Officer-Worn Body Camera Act, except to the extent
7    authorized under that Act.
8        (dd) Information that is prohibited from being
9    disclosed under Section 45 of the Condominium and Common
10    Interest Community Ombudsperson Act.
11        (ee) Information that is exempted from disclosure
12    under Section 30.1 of the Pharmacy Practice Act.
13        (ff) Information that is exempted from disclosure
14    under the Revised Uniform Unclaimed Property Act.
15        (gg) Information that is prohibited from being
16    disclosed under Section 7-603.5 of the Illinois Vehicle
17    Code.
18        (hh) Records that are exempt from disclosure under
19    Section 1A-16.7 of the Election Code.
20        (ii) Information which is exempted from disclosure
21    under Section 2505-800 of the Department of Revenue Law of
22    the Civil Administrative Code of Illinois.
23        (jj) Information and reports that are required to be
24    submitted to the Department of Labor by registering day
25    and temporary labor service agencies but are exempt from
26    disclosure under subsection (a-1) of Section 45 of the Day

 

 

10400SB0315sam002- 40 -LRB104 06438 BDA 37922 a

1    and Temporary Labor Services Act.
2        (kk) Information prohibited from disclosure under the
3    Seizure and Forfeiture Reporting Act.
4        (ll) Information the disclosure of which is restricted
5    and exempted under Section 5-30.8 of the Illinois Public
6    Aid Code.
7        (mm) Records that are exempt from disclosure under
8    Section 4.2 of the Crime Victims Compensation Act.
9        (nn) Information that is exempt from disclosure under
10    Section 70 of the Higher Education Student Assistance Act.
11        (oo) Communications, notes, records, and reports
12    arising out of a peer support counseling session
13    prohibited from disclosure under the First Responders
14    Suicide Prevention Act.
15        (pp) Names and all identifying information relating to
16    an employee of an emergency services provider or law
17    enforcement agency under the First Responders Suicide
18    Prevention Act.
19        (qq) Information and records held by the Department of
20    Public Health and its authorized representatives collected
21    under the Reproductive Health Act.
22        (rr) Information that is exempt from disclosure under
23    the Cannabis Regulation and Tax Act.
24        (ss) Data reported by an employer to the Department of
25    Human Rights pursuant to Section 2-108 of the Illinois
26    Human Rights Act.

 

 

10400SB0315sam002- 41 -LRB104 06438 BDA 37922 a

1        (tt) Recordings made under the Children's Advocacy
2    Center Act, except to the extent authorized under that
3    Act.
4        (uu) Information that is exempt from disclosure under
5    Section 50 of the Sexual Assault Evidence Submission Act.
6        (vv) Information that is exempt from disclosure under
7    subsections (f) and (j) of Section 5-36 of the Illinois
8    Public Aid Code.
9        (ww) Information that is exempt from disclosure under
10    Section 16.8 of the State Treasurer Act.
11        (xx) Information that is exempt from disclosure or
12    information that shall not be made public under the
13    Illinois Insurance Code.
14        (yy) Information prohibited from being disclosed under
15    the Illinois Educational Labor Relations Act.
16        (zz) Information prohibited from being disclosed under
17    the Illinois Public Labor Relations Act.
18        (aaa) Information prohibited from being disclosed
19    under Section 1-167 of the Illinois Pension Code.
20        (bbb) Information that is prohibited from disclosure
21    by the Illinois Police Training Act and the Illinois State
22    Police Act.
23        (ccc) Records exempt from disclosure under Section
24    2605-304 of the Illinois State Police Law of the Civil
25    Administrative Code of Illinois.
26        (ddd) Information prohibited from being disclosed

 

 

10400SB0315sam002- 42 -LRB104 06438 BDA 37922 a

1    under Section 35 of the Address Confidentiality for
2    Victims of Domestic Violence, Sexual Assault, Human
3    Trafficking, or Stalking Act.
4        (eee) Information prohibited from being disclosed
5    under subsection (b) of Section 75 of the Domestic
6    Violence Fatality Review Act.
7        (fff) Images from cameras under the Expressway Camera
8    Act and all automated license plate reader (ALPR)
9    information used and collected by the Illinois State
10    Police. "ALPR information" means information gathered by
11    an ALPR or created from the analysis of data generated by
12    an ALPR. This subsection (fff) is inoperative on and after
13    July 1, 2028.
14        (ggg) Information prohibited from disclosure under
15    paragraph (3) of subsection (a) of Section 14 of the Nurse
16    Agency Licensing Act.
17        (hhh) Information submitted to the Illinois State
18    Police in an affidavit or application for an assault
19    weapon endorsement, assault weapon attachment endorsement,
20    .50 caliber rifle endorsement, or .50 caliber cartridge
21    endorsement under the Firearm Owners Identification Card
22    Act.
23        (iii) Data exempt from disclosure under Section 50 of
24    the School Safety Drill Act.
25        (jjj) Information exempt from disclosure under Section
26    30 of the Insurance Data Security Law.

 

 

10400SB0315sam002- 43 -LRB104 06438 BDA 37922 a

1        (kkk) Confidential business information prohibited
2    from disclosure under Section 45 of the Paint Stewardship
3    Act.
4        (lll) Data exempt from disclosure under Section
5    2-3.196 of the School Code.
6        (mmm) Information prohibited from being disclosed
7    under subsection (e) of Section 1-129 of the Illinois
8    Power Agency Act.
9        (nnn) Materials received by the Department of Commerce
10    and Economic Opportunity that are confidential under the
11    Music and Musicians Tax Credit and Jobs Act.
12        (ooo) Data or information provided pursuant to Section
13    20 of the Statewide Recycling Needs and Assessment Act.
14        (ppp) Information that is exempt from disclosure under
15    Section 28-11 of the Lawful Health Care Activity Act.
16        (qqq) Information that is exempt from disclosure under
17    Section 7-101 of the Illinois Human Rights Act.
18        (rrr) Information prohibited from being disclosed
19    under Section 4-2 of the Uniform Money Transmission
20    Modernization Act.
21        (sss) Information exempt from disclosure under Section
22    40 of the Student-Athlete Endorsement Rights Act.
23        (ttt) Audio recordings made under Section 30 of the
24    Illinois State Police Act, except to the extent authorized
25    under that Section.
26        (uuu) Information prohibited from being disclosed

 

 

10400SB0315sam002- 44 -LRB104 06438 BDA 37922 a

1    under Section 30-5 of the Digital Assets Regulation Act.
2        (vvv) Information exempt from disclosure under
3    subsection (f) of Section 15 of the Artificial
4    Intelligence Safety Measures Act.
5(Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 6-9-23;
6103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff.
78-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592,
8eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24;
9103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff.
108-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 103-1081,
11eff. 3-21-25; 104-10, eff. 6-16-25; 104-18, eff. 6-30-25;
12104-417, eff. 8-15-25; 104-428, eff. 8-18-25; 104-457, eff.
136-1-26; revised 1-7-26.)
 
14    (Text of Section after amendment by P.A. 104-441)
15    Sec. 7.5. Statutory exemptions. To the extent provided for
16by the statutes referenced below, the following shall be
17exempt from inspection and copying:
18        (a) All information determined to be confidential
19    under Section 4002 of the Technology Advancement and
20    Development Act.
21        (b) Library circulation and order records identifying
22    library users with specific materials under the Library
23    Records Confidentiality Act.
24        (c) Applications, related documents, and medical
25    records received by the Experimental Organ Transplantation

 

 

10400SB0315sam002- 45 -LRB104 06438 BDA 37922 a

1    Procedures Board and any and all documents or other
2    records prepared by the Experimental Organ Transplantation
3    Procedures Board or its staff relating to applications it
4    has received.
5        (d) Information and records held by the Department of
6    Public Health and its authorized representatives relating
7    to known or suspected cases of sexually transmitted
8    infection or any information the disclosure of which is
9    restricted under the Illinois Sexually Transmitted
10    Infection Control Act.
11        (e) Information the disclosure of which is exempted
12    under Section 30 of the Radon Industry Licensing Act.
13        (f) Firm performance evaluations under Section 55 of
14    the Architectural, Engineering, and Land Surveying
15    Qualifications Based Selection Act.
16        (g) Information the disclosure of which is restricted
17    and exempted under Section 50 of the Illinois Prepaid
18    Tuition Act.
19        (h) Information the disclosure of which is exempted
20    under the State Officials and Employees Ethics Act, and
21    records of any lawfully created State or local inspector
22    general's office that would be exempt if created or
23    obtained by an Executive Inspector General's office under
24    that Act.
25        (i) Information contained in a local emergency energy
26    plan submitted to a municipality in accordance with a

 

 

10400SB0315sam002- 46 -LRB104 06438 BDA 37922 a

1    local emergency energy plan ordinance that is adopted
2    under Section 11-21.5-5 of the Illinois Municipal Code.
3        (j) Information and data concerning the distribution
4    of surcharge moneys collected and remitted by carriers
5    under the Emergency Telephone System Act.
6        (k) Law enforcement officer identification information
7    or driver identification information compiled by a law
8    enforcement agency or the Department of Transportation
9    under Section 11-212 of the Illinois Vehicle Code.
10        (l) Records and information provided to a residential
11    health care facility resident sexual assault and death
12    review team or the Executive Council under the Abuse
13    Prevention Review Team Act.
14        (m) Information provided to the predatory lending
15    database created pursuant to Article 3 of the Residential
16    Real Property Disclosure Act, except to the extent
17    authorized under that Article.
18        (n) Defense budgets and petitions for certification of
19    compensation and expenses for court appointed trial
20    counsel as provided under Sections 10 and 15 of the
21    Capital Crimes Litigation Act (repealed). This subsection
22    (n) shall apply until the conclusion of the trial of the
23    case, even if the prosecution chooses not to pursue the
24    death penalty prior to trial or sentencing.
25        (o) Information that is prohibited from being
26    disclosed under Section 4 of the Illinois Health and

 

 

10400SB0315sam002- 47 -LRB104 06438 BDA 37922 a

1    Hazardous Substances Registry Act.
2        (p) Security portions of system safety program plans,
3    investigation reports, surveys, schedules, lists, data, or
4    information compiled, collected, or prepared by or for the
5    Department of Transportation under Sections 2705-300 and
6    2705-616 of the Department of Transportation Law of the
7    Civil Administrative Code of Illinois, the Northern
8    Illinois Transit Authority under Section 2.11 of the
9    Northern Illinois Transit Authority Act, or the St. Clair
10    County Transit District under the Bi-State Transit Safety
11    Act (repealed).
12        (q) Information prohibited from being disclosed by the
13    Personnel Record Review Act.
14        (r) Information prohibited from being disclosed by the
15    Illinois School Student Records Act.
16        (s) Information the disclosure of which is restricted
17    under Section 5-108 of the Public Utilities Act.
18        (t) (Blank).
19        (u) Records and information provided to an independent
20    team of experts under the Developmental Disability and
21    Mental Health Safety Act (also known as Brian's Law).
22        (v) Names and information of people who have applied
23    for or received Firearm Owner's Identification Cards under
24    the Firearm Owners Identification Card Act or applied for
25    or received a concealed carry license under the Firearm
26    Concealed Carry Act, unless otherwise authorized by the

 

 

10400SB0315sam002- 48 -LRB104 06438 BDA 37922 a

1    Firearm Concealed Carry Act; and databases under the
2    Firearm Concealed Carry Act, records of the Concealed
3    Carry Licensing Review Board under the Firearm Concealed
4    Carry Act, and law enforcement agency objections under the
5    Firearm Concealed Carry Act.
6        (v-5) Records of the Firearm Owner's Identification
7    Card Review Board that are exempted from disclosure under
8    Section 10 of the Firearm Owners Identification Card Act.
9        (w) Personally identifiable information which is
10    exempted from disclosure under subsection (g) of Section
11    19.1 of the Toll Highway Act.
12        (x) Information which is exempted from disclosure
13    under Section 5-1014.3 of the Counties Code or Section
14    8-11-21 of the Illinois Municipal Code.
15        (y) Confidential information under the Adult
16    Protective Services Act and its predecessor enabling
17    statute, the Elder Abuse and Neglect Act, including
18    information about the identity and administrative finding
19    against any caregiver of a verified and substantiated
20    decision of abuse, neglect, or financial exploitation of
21    an eligible adult maintained in the Registry established
22    under Section 7.5 of the Adult Protective Services Act.
23        (z) Records and information provided to a fatality
24    review team or the Illinois Fatality Review Team Advisory
25    Council under Section 15 of the Adult Protective Services
26    Act.

 

 

10400SB0315sam002- 49 -LRB104 06438 BDA 37922 a

1        (aa) Information which is exempted from disclosure
2    under Section 2.37 of the Wildlife Code.
3        (bb) Information which is or was prohibited from
4    disclosure by the Juvenile Court Act of 1987.
5        (cc) Recordings made under the Law Enforcement
6    Officer-Worn Body Camera Act, except to the extent
7    authorized under that Act.
8        (dd) Information that is prohibited from being
9    disclosed under Section 45 of the Condominium and Common
10    Interest Community Ombudsperson Act.
11        (ee) Information that is exempted from disclosure
12    under Section 30.1 of the Pharmacy Practice Act.
13        (ff) Information that is exempted from disclosure
14    under the Revised Uniform Unclaimed Property Act.
15        (gg) Information that is prohibited from being
16    disclosed under Section 7-603.5 of the Illinois Vehicle
17    Code.
18        (hh) Records that are exempt from disclosure under
19    Section 1A-16.7 of the Election Code.
20        (ii) Information which is exempted from disclosure
21    under Section 2505-800 of the Department of Revenue Law of
22    the Civil Administrative Code of Illinois.
23        (jj) Information and reports that are required to be
24    submitted to the Department of Labor by registering day
25    and temporary labor service agencies but are exempt from
26    disclosure under subsection (a-1) of Section 45 of the Day

 

 

10400SB0315sam002- 50 -LRB104 06438 BDA 37922 a

1    and Temporary Labor Services Act.
2        (kk) Information prohibited from disclosure under the
3    Seizure and Forfeiture Reporting Act.
4        (ll) Information the disclosure of which is restricted
5    and exempted under Section 5-30.8 of the Illinois Public
6    Aid Code.
7        (mm) Records that are exempt from disclosure under
8    Section 4.2 of the Crime Victims Compensation Act.
9        (nn) Information that is exempt from disclosure under
10    Section 70 of the Higher Education Student Assistance Act.
11        (oo) Communications, notes, records, and reports
12    arising out of a peer support counseling session
13    prohibited from disclosure under the First Responders
14    Suicide Prevention Act.
15        (pp) Names and all identifying information relating to
16    an employee of an emergency services provider or law
17    enforcement agency under the First Responders Suicide
18    Prevention Act.
19        (qq) Information and records held by the Department of
20    Public Health and its authorized representatives collected
21    under the Reproductive Health Act.
22        (rr) Information that is exempt from disclosure under
23    the Cannabis Regulation and Tax Act.
24        (ss) Data reported by an employer to the Department of
25    Human Rights pursuant to Section 2-108 of the Illinois
26    Human Rights Act.

 

 

10400SB0315sam002- 51 -LRB104 06438 BDA 37922 a

1        (tt) Recordings made under the Children's Advocacy
2    Center Act, except to the extent authorized under that
3    Act.
4        (uu) Information that is exempt from disclosure under
5    Section 50 of the Sexual Assault Evidence Submission Act.
6        (vv) Information that is exempt from disclosure under
7    subsections (f) and (j) of Section 5-36 of the Illinois
8    Public Aid Code.
9        (ww) Information that is exempt from disclosure under
10    Section 16.8 of the State Treasurer Act.
11        (xx) Information that is exempt from disclosure or
12    information that shall not be made public under the
13    Illinois Insurance Code.
14        (yy) Information prohibited from being disclosed under
15    the Illinois Educational Labor Relations Act.
16        (zz) Information prohibited from being disclosed under
17    the Illinois Public Labor Relations Act.
18        (aaa) Information prohibited from being disclosed
19    under Section 1-167 of the Illinois Pension Code.
20        (bbb) Information that is prohibited from disclosure
21    by the Illinois Police Training Act and the Illinois State
22    Police Act.
23        (ccc) Records exempt from disclosure under Section
24    2605-304 of the Illinois State Police Law of the Civil
25    Administrative Code of Illinois.
26        (ddd) Information prohibited from being disclosed

 

 

10400SB0315sam002- 52 -LRB104 06438 BDA 37922 a

1    under Section 35 of the Address Confidentiality for
2    Victims of Domestic Violence, Sexual Assault, Human
3    Trafficking, or Stalking Act.
4        (eee) Information prohibited from being disclosed
5    under subsection (b) of Section 75 of the Domestic
6    Violence Fatality Review Act.
7        (fff) Images from cameras under the Expressway Camera
8    Act and all automated license plate reader (ALPR)
9    information used and collected by the Illinois State
10    Police. "ALPR information" means information gathered by
11    an ALPR or created from the analysis of data generated by
12    an ALPR. This subsection (fff) is inoperative on and after
13    July 1, 2028.
14        (ggg) Information prohibited from disclosure under
15    paragraph (3) of subsection (a) of Section 14 of the Nurse
16    Agency Licensing Act.
17        (hhh) Information submitted to the Illinois State
18    Police in an affidavit or application for an assault
19    weapon endorsement, assault weapon attachment endorsement,
20    .50 caliber rifle endorsement, or .50 caliber cartridge
21    endorsement under the Firearm Owners Identification Card
22    Act.
23        (iii) Data exempt from disclosure under Section 50 of
24    the School Safety Drill Act.
25        (jjj) Information exempt from disclosure under Section
26    30 of the Insurance Data Security Law.

 

 

10400SB0315sam002- 53 -LRB104 06438 BDA 37922 a

1        (kkk) Confidential business information prohibited
2    from disclosure under Section 45 of the Paint Stewardship
3    Act.
4        (lll) Data exempt from disclosure under Section
5    2-3.196 of the School Code.
6        (mmm) Information prohibited from being disclosed
7    under subsection (e) of Section 1-129 of the Illinois
8    Power Agency Act.
9        (nnn) Materials received by the Department of Commerce
10    and Economic Opportunity that are confidential under the
11    Music and Musicians Tax Credit and Jobs Act.
12        (ooo) Data or information provided pursuant to Section
13    20 of the Statewide Recycling Needs and Assessment Act.
14        (ppp) Information that is exempt from disclosure under
15    Section 28-11 of the Lawful Health Care Activity Act.
16        (qqq) Information that is exempt from disclosure under
17    Section 7-101 of the Illinois Human Rights Act.
18        (rrr) Information prohibited from being disclosed
19    under Section 4-2 of the Uniform Money Transmission
20    Modernization Act.
21        (sss) Information exempt from disclosure under Section
22    40 of the Student-Athlete Endorsement Rights Act.
23        (ttt) Audio recordings made under Section 30 of the
24    Illinois State Police Act, except to the extent authorized
25    under that Section.
26        (uuu) Information prohibited from being disclosed

 

 

10400SB0315sam002- 54 -LRB104 06438 BDA 37922 a

1    under Section 30-5 of the Digital Assets Regulation Act.
2        (vvv) (uuu) Information exempt from disclosure under
3    Section 70 of the End-of-Life Options for Terminally Ill
4    Patients Act.
5        (www) Information exempt from disclosure under
6    subsection (f) of Section 15 of the Artificial
7    Intelligence Safety Measures Act.
8(Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 6-9-23;
9103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff.
108-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592,
11eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24;
12103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff.
138-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 103-1081,
14eff. 3-21-25; 104-10, eff. 6-16-25; 104-18, eff. 6-30-25;
15104-417, eff. 8-15-25; 104-428, eff. 8-18-25; 104-441, eff.
169-12-26; 104-457, eff. 6-1-26; revised 1-7-26.)
 
17    Section 90. The Whistleblower Act is amended by changing
18Section 15 as follows:
 
19    (740 ILCS 174/15)
20    Sec. 15. Retaliation for certain disclosures prohibited.
21    (a) An employer may not take retaliatory action against an
22employee who discloses or threatens to disclose to a public
23body conducting an investigation, or in a court, an
24administrative hearing, or any other proceeding initiated by a

 

 

10400SB0315sam002- 55 -LRB104 06438 BDA 37922 a

1public body, information related to an activity, policy, or
2practice of the employer, where the employee has a good faith
3belief that the activity, policy, or practice (i) violates a
4State or federal law, rule, or regulation or (ii) poses a
5substantial and specific danger to employees, public health,
6or safety.
7    (b) An employer may not take retaliatory action against an
8employee for disclosing or threatening to disclose information
9to a government or law enforcement agency information related
10to an activity, policy, or practice of the employer, where the
11employee has a good faith belief that the activity, policy, or
12practice of the employer (i) violates a State or federal law,
13rule, or regulation or (ii) poses a substantial and specific
14danger to employees, public health, or safety.
15    (c) An employer may not take retaliatory action against an
16employee for disclosing or threatening to disclose to any
17supervisor, principal officer, board member, or supervisor in
18an organization that has a contractual relationship with the
19employer who makes the employer aware of the disclosure,
20information related to an activity, policy, or practice of the
21employer if the employee has a good faith belief that the
22activity, policy, or practice (i) violates a State or federal
23law, rule, or regulation or (ii) poses a substantial and
24specific danger to employees, public health, or safety.
25    (d) An employer may not take retaliatory action against an
26employee for disclosing or threatening to disclose in good

 

 

10400SB0315sam002- 56 -LRB104 06438 BDA 37922 a

1faith any violation of Section 5-10 of the Illinois Bivens
2Act.
3    (e) An employer may not take retaliatory action against an
4employee for disclosing or threatening to disclose in good
5faith any violation of the Artificial Intelligence Safety
6Measures Act.
7(Source: P.A. 103-867, eff. 1-1-25; 104-417, eff. 8-15-25;
8104-440, eff. 12-9-25.)
 
9    Section 95. No acceleration or delay. Where this Act makes
10changes in a statute that is represented in this Act by text
11that is not yet or no longer in effect (for example, a Section
12represented by multiple versions), the use of that text does
13not accelerate or delay the taking effect of (i) the changes
14made by this Act or (ii) provisions derived from any other
15Public Act.
 
16    Section 97. Severability. The provisions of this Act are
17severable under Section 1.31 of the Statute on Statutes.
 
18    Section 99. Effective date. This Act takes effect January
191, 2027.".