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1 | AN ACT concerning health. | |||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||||
4 | Section 1. Short title. This Act may be cited as the | |||||||||||||||||||||
5 | Affordable Drug Manufacturing Act. | |||||||||||||||||||||
6 | Section 5. Definitions. In this Act: | |||||||||||||||||||||
7 | "Department" means the Department of Public Health. | |||||||||||||||||||||
8 | "Eligible prescription drug" means a prescription drug | |||||||||||||||||||||
9 | that is not under patent or a biological product, as defined in | |||||||||||||||||||||
10 | 42 U.S.C. 262(i), that is not under patent. | |||||||||||||||||||||
11 | "Generic prescription drug" means a drug that is approved | |||||||||||||||||||||
12 | pursuant to an application referencing an eligible | |||||||||||||||||||||
13 | prescription drug that is submitted under subsection (j) of | |||||||||||||||||||||
14 | Section 505 of the Federal Food, Drug, and Cosmetic Act (21 | |||||||||||||||||||||
15 | U.S.C. 355(j)) or under subsection (k) of Section 351 of the | |||||||||||||||||||||
16 | federal Public Health Service Act (42 U.S.C. 262(k)). | |||||||||||||||||||||
17 | "Partnerships" includes, but is not limited to, agreements | |||||||||||||||||||||
18 | for the procurement of generic prescription drugs by way of | |||||||||||||||||||||
19 | contracts or purchasing by a payor, State governmental agency, | |||||||||||||||||||||
20 | group purchasing organization, nonprofit organization, or | |||||||||||||||||||||
21 | other entity. | |||||||||||||||||||||
22 | "Provider" means a hospital licensed under the Hospital | |||||||||||||||||||||
23 | Licensing Act or organized under the University of Illinois |
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1 | Hospital Act, a skilled nursing facility as that term is | ||||||
2 | defined under Section 2 of the Comprehensive Health Insurance | ||||||
3 | Plan Act, a comprehensive outpatient rehabilitation facility, | ||||||
4 | a home health agency as that term is defined under Section 2.04 | ||||||
5 | of the Home Health, Home Services, and Home Nursing Agency | ||||||
6 | Licensing Act, a hospice as that term is defined under Section | ||||||
7 | 2 of the Comprehensive Health Insurance Plan Act, a public | ||||||
8 | health clinic as that term is defined under Section 6-101 of | ||||||
9 | the Local Governmental and Governmental Employees Tort | ||||||
10 | Immunity Act, or a rehabilitation agency. | ||||||
11 | "Supplier" means a physician, surgeon, or other health | ||||||
12 | care practitioner or an entity other than a provider that | ||||||
13 | furnishes health care services. | ||||||
14 | Section 10. Cost of prescription drugs; partnerships. | ||||||
15 | (a) The Department shall enter into partnerships | ||||||
16 | consistent with subsection (b) of Section 15, in consultation | ||||||
17 | with other State agencies as necessary, to increase | ||||||
18 | competition, lower prices, and address shortages in the market | ||||||
19 | for generic prescription drugs, reduce the cost of generic | ||||||
20 | prescription drugs for public and private purchasers, | ||||||
21 | taxpayers, and consumers, and increase patient access to | ||||||
22 | affordable generic prescription drugs. | ||||||
23 | (b) Subject to appropriation by the General Assembly for | ||||||
24 | this purpose, the Department may hire staff to oversee and | ||||||
25 | project-manage the partnerships for manufacturing or |
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1 | distribution of generic prescription drugs. | ||||||
2 | Section 15. Generic prescription drug prices. | ||||||
3 | (a) The Department shall enter into partnerships resulting | ||||||
4 | in the production or distribution of generic prescription | ||||||
5 | drugs with the intent that these generic prescription drugs be | ||||||
6 | made widely available to public and private purchasers, | ||||||
7 | providers and suppliers, and pharmacies licensed under the | ||||||
8 | Pharmacy Practice Act, as appropriate. The generic | ||||||
9 | prescription drugs shall be produced or distributed by a drug | ||||||
10 | company or generic prescription drug manufacturer that is | ||||||
11 | registered with the United States Food and Drug | ||||||
12 | Administration. | ||||||
13 | (b) The Department shall comply with the following | ||||||
14 | requirements when entering into partnerships or setting prices | ||||||
15 | for generic prescription drugs: | ||||||
16 | (1) The Department shall only enter into partnerships | ||||||
17 | under subsection (a) to produce a generic prescription | ||||||
18 | drug at a price that results in savings, target failures | ||||||
19 | in the market for generic prescription drugs, and improve | ||||||
20 | patient access to affordable medications. | ||||||
21 | (2) For generic prescription drugs prioritized in | ||||||
22 | accordance with the criteria listed in paragraph (5), the | ||||||
23 | Department shall determine if viable pathways exist for | ||||||
24 | partnerships to manufacture or distribute generic | ||||||
25 | prescription drugs by examining the relevant legal, |
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1 | market, policy, and regulatory factors. | ||||||
2 | (3) The Department shall consider the following, if | ||||||
3 | applicable, when setting the price of a generic | ||||||
4 | prescription drug under this Section: | ||||||
5 | (A) United States Food and Drug Administration | ||||||
6 | user fees. | ||||||
7 | (B) Abbreviated new drug application acquisition | ||||||
8 | costs, amortized over a 5-year period. | ||||||
9 | (C) Mandatory rebates. | ||||||
10 | (D) Total contracting and production costs for the | ||||||
11 | generic prescription drug, including a reasonable | ||||||
12 | amount for administrative, operating, and | ||||||
13 | rate-of-return expenses of the drug company or generic | ||||||
14 | prescription drug manufacturer. | ||||||
15 | (E) Research and development costs attributed to | ||||||
16 | the generic prescription drug over a 5-year period. | ||||||
17 | (F) Other initial start-up costs, amortized over a | ||||||
18 | 5-year period. | ||||||
19 | (4) Each generic prescription drug shall be made | ||||||
20 | available to providers, patients, and purchasers at a | ||||||
21 | transparent price and without rebates, other than | ||||||
22 | federally required rebates. | ||||||
23 | (5) The Department shall prioritize the selection of | ||||||
24 | generic prescription drugs that have the greatest impact | ||||||
25 | on lowering drug costs to patients, increasing competition | ||||||
26 | and addressing shortages in the prescription drug market, |
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1 | improving public health, or reducing the cost of | ||||||
2 | prescription drugs to public and private purchasers. | ||||||
3 | (c) In identifying generic prescription drugs to be | ||||||
4 | produced, the Department shall consider pharmacy spending data | ||||||
5 | from Medicaid and other entities for which the State pays the | ||||||
6 | cost of generic prescription drugs. | ||||||
7 | The partnerships entered into under subsection (a) shall | ||||||
8 | include the production of at least one form of insulin if a | ||||||
9 | viable pathway for manufacturing a more affordable form of | ||||||
10 | insulin exists. | ||||||
11 | The Department shall prioritize generic prescription drugs | ||||||
12 | for chronic and high-cost conditions and shall consider | ||||||
13 | prioritizing those that can be delivered through mail order. | ||||||
14 | (d) The Department shall consult with all of the following | ||||||
15 | public and private purchasers to assist in developing a list | ||||||
16 | of generic prescription drugs to be manufactured or | ||||||
17 | distributed through partnerships and to determine the volume | ||||||
18 | of each generic prescription drug that can be procured over a | ||||||
19 | multiyear period to support a market for a lower-cost generic | ||||||
20 | prescription drug: | ||||||
21 | (1) Any public agency that is a purchaser. | ||||||
22 | (2) Health insurers holding a valid outstanding | ||||||
23 | certificate of authority from the Director of Insurance. | ||||||
24 | (3) Hospitals. | ||||||
25 | (4) Pharmacy benefit managers. | ||||||
26 | (e) Before entering into a partnership under subsection |
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1 | (a), the Department shall determine minimum thresholds for | ||||||
2 | procurement of an entity's expected volume of a targeted | ||||||
3 | generic prescription drug from the company or manufacturer | ||||||
4 | over a multiyear period. | ||||||
5 | (f) The entities listed in paragraphs (2) through (5) of | ||||||
6 | subsection (d) shall not be required to purchase prescription | ||||||
7 | drugs from the Department or from entities that contract or | ||||||
8 | partner with the Department under this Act. | ||||||
9 | (g) The Department is not required to consult with every | ||||||
10 | entity listed in paragraphs (2) through (5) of subsection (d) | ||||||
11 | so long as purchaser engagement includes a reasonable | ||||||
12 | representation from those groups. | ||||||
13 | Section 20. Feasibility report. | ||||||
14 | (a) On or before July 1, 2026, the Department shall submit | ||||||
15 | a report to the General Assembly that assesses the feasibility | ||||||
16 | of the Department directly manufacturing generic prescription | ||||||
17 | drugs and selling generic prescription drugs at a fair price. | ||||||
18 | The report shall include an analysis of governance structure | ||||||
19 | options for manufacturing functions, including chartering a | ||||||
20 | private organization, public-private partnership, or public | ||||||
21 | board of directors. | ||||||
22 | (b) This Section is repealed on January 1, 2028. | ||||||
23 | Section 25. Status and analysis report. | ||||||
24 | (a) On or before July 1, 2025, the Department shall submit |
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1 | a report to the General Assembly with: | ||||||
2 | (1) a description of the status of all drugs targeted | ||||||
3 | under this Act; and | ||||||
4 | (2) an analysis of how the activities of the | ||||||
5 | Department may impact competition, access to targeted | ||||||
6 | drugs, the costs of those drugs, and the costs of generic | ||||||
7 | prescription drugs for public and private purchasers. | ||||||
8 | (b) This Section is repealed on January 1, 2027. | ||||||
9 | Section 30. Nonpublic information; disclosure. | ||||||
10 | Notwithstanding any other provision of law, all nonpublic | ||||||
11 | information and documents obtained under this Act shall not be | ||||||
12 | required to be disclosed under the Freedom of Information Act. | ||||||
13 | Section 35. The Freedom of Information Act is amended by | ||||||
14 | changing Section 7.5 as follows: | ||||||
15 | (5 ILCS 140/7.5) | ||||||
16 | (Text of Section before amendment by P.A. 103-472 ) | ||||||
17 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
18 | by the statutes referenced below, the following shall be | ||||||
19 | exempt from inspection and copying: | ||||||
20 | (a) All information determined to be confidential | ||||||
21 | under Section 4002 of the Technology Advancement and | ||||||
22 | Development Act. | ||||||
23 | (b) Library circulation and order records identifying |
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1 | library users with specific materials under the Library | ||||||
2 | Records Confidentiality Act. | ||||||
3 | (c) Applications, related documents, and medical | ||||||
4 | records received by the Experimental Organ Transplantation | ||||||
5 | Procedures Board and any and all documents or other | ||||||
6 | records prepared by the Experimental Organ Transplantation | ||||||
7 | Procedures Board or its staff relating to applications it | ||||||
8 | has received. | ||||||
9 | (d) Information and records held by the Department of | ||||||
10 | Public Health and its authorized representatives relating | ||||||
11 | to known or suspected cases of sexually transmissible | ||||||
12 | disease or any information the disclosure of which is | ||||||
13 | restricted under the Illinois Sexually Transmissible | ||||||
14 | Disease Control Act. | ||||||
15 | (e) Information the disclosure of which is exempted | ||||||
16 | under Section 30 of the Radon Industry Licensing Act. | ||||||
17 | (f) Firm performance evaluations under Section 55 of | ||||||
18 | the Architectural, Engineering, and Land Surveying | ||||||
19 | Qualifications Based Selection Act. | ||||||
20 | (g) Information the disclosure of which is restricted | ||||||
21 | and exempted under Section 50 of the Illinois Prepaid | ||||||
22 | Tuition Act. | ||||||
23 | (h) Information the disclosure of which is exempted | ||||||
24 | under the State Officials and Employees Ethics Act, and | ||||||
25 | records of any lawfully created State or local inspector | ||||||
26 | general's office that would be exempt if created or |
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1 | obtained by an Executive Inspector General's office under | ||||||
2 | that Act. | ||||||
3 | (i) Information contained in a local emergency energy | ||||||
4 | plan submitted to a municipality in accordance with a | ||||||
5 | local emergency energy plan ordinance that is adopted | ||||||
6 | under Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
7 | (j) Information and data concerning the distribution | ||||||
8 | of surcharge moneys collected and remitted by carriers | ||||||
9 | under the Emergency Telephone System Act. | ||||||
10 | (k) Law enforcement officer identification information | ||||||
11 | or driver identification information compiled by a law | ||||||
12 | enforcement agency or the Department of Transportation | ||||||
13 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
14 | (l) Records and information provided to a residential | ||||||
15 | health care facility resident sexual assault and death | ||||||
16 | review team or the Executive Council under the Abuse | ||||||
17 | Prevention Review Team Act. | ||||||
18 | (m) Information provided to the predatory lending | ||||||
19 | database created pursuant to Article 3 of the Residential | ||||||
20 | Real Property Disclosure Act, except to the extent | ||||||
21 | authorized under that Article. | ||||||
22 | (n) Defense budgets and petitions for certification of | ||||||
23 | compensation and expenses for court appointed trial | ||||||
24 | counsel as provided under Sections 10 and 15 of the | ||||||
25 | Capital Crimes Litigation Act (repealed) . This subsection | ||||||
26 | (n) shall apply until the conclusion of the trial of the |
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1 | case, even if the prosecution chooses not to pursue the | ||||||
2 | death penalty prior to trial or sentencing. | ||||||
3 | (o) Information that is prohibited from being | ||||||
4 | disclosed under Section 4 of the Illinois Health and | ||||||
5 | Hazardous Substances Registry Act. | ||||||
6 | (p) Security portions of system safety program plans, | ||||||
7 | investigation reports, surveys, schedules, lists, data, or | ||||||
8 | information compiled, collected, or prepared by or for the | ||||||
9 | Department of Transportation under Sections 2705-300 and | ||||||
10 | 2705-616 of the Department of Transportation Law of the | ||||||
11 | Civil Administrative Code of Illinois, the Regional | ||||||
12 | Transportation Authority under Section 2.11 of the | ||||||
13 | Regional Transportation Authority Act, or the St. Clair | ||||||
14 | County Transit District under the Bi-State Transit Safety | ||||||
15 | Act (repealed) . | ||||||
16 | (q) Information prohibited from being disclosed by the | ||||||
17 | Personnel Record Review Act. | ||||||
18 | (r) Information prohibited from being disclosed by the | ||||||
19 | Illinois School Student Records Act. | ||||||
20 | (s) Information the disclosure of which is restricted | ||||||
21 | under Section 5-108 of the Public Utilities Act. | ||||||
22 | (t) (Blank). | ||||||
23 | (u) Records and information provided to an independent | ||||||
24 | team of experts under the Developmental Disability and | ||||||
25 | Mental Health Safety Act (also known as Brian's Law). | ||||||
26 | (v) Names and information of people who have applied |
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1 | for or received Firearm Owner's Identification Cards under | ||||||
2 | the Firearm Owners Identification Card Act or applied for | ||||||
3 | or received a concealed carry license under the Firearm | ||||||
4 | Concealed Carry Act, unless otherwise authorized by the | ||||||
5 | Firearm Concealed Carry Act; and databases under the | ||||||
6 | Firearm Concealed Carry Act, records of the Concealed | ||||||
7 | Carry Licensing Review Board under the Firearm Concealed | ||||||
8 | Carry Act, and law enforcement agency objections under the | ||||||
9 | Firearm Concealed Carry Act. | ||||||
10 | (v-5) Records of the Firearm Owner's Identification | ||||||
11 | Card Review Board that are exempted from disclosure under | ||||||
12 | Section 10 of the Firearm Owners Identification Card Act. | ||||||
13 | (w) Personally identifiable information which is | ||||||
14 | exempted from disclosure under subsection (g) of Section | ||||||
15 | 19.1 of the Toll Highway Act. | ||||||
16 | (x) Information which is exempted from disclosure | ||||||
17 | under Section 5-1014.3 of the Counties Code or Section | ||||||
18 | 8-11-21 of the Illinois Municipal Code. | ||||||
19 | (y) Confidential information under the Adult | ||||||
20 | Protective Services Act and its predecessor enabling | ||||||
21 | statute, the Elder Abuse and Neglect Act, including | ||||||
22 | information about the identity and administrative finding | ||||||
23 | against any caregiver of a verified and substantiated | ||||||
24 | decision of abuse, neglect, or financial exploitation of | ||||||
25 | an eligible adult maintained in the Registry established | ||||||
26 | under Section 7.5 of the Adult Protective Services Act. |
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1 | (z) Records and information provided to a fatality | ||||||
2 | review team or the Illinois Fatality Review Team Advisory | ||||||
3 | Council under Section 15 of the Adult Protective Services | ||||||
4 | Act. | ||||||
5 | (aa) Information which is exempted from disclosure | ||||||
6 | under Section 2.37 of the Wildlife Code. | ||||||
7 | (bb) Information which is or was prohibited from | ||||||
8 | disclosure by the Juvenile Court Act of 1987. | ||||||
9 | (cc) Recordings made under the Law Enforcement | ||||||
10 | Officer-Worn Body Camera Act, except to the extent | ||||||
11 | authorized under that Act. | ||||||
12 | (dd) Information that is prohibited from being | ||||||
13 | disclosed under Section 45 of the Condominium and Common | ||||||
14 | Interest Community Ombudsperson Act. | ||||||
15 | (ee) Information that is exempted from disclosure | ||||||
16 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
17 | (ff) Information that is exempted from disclosure | ||||||
18 | under the Revised Uniform Unclaimed Property Act. | ||||||
19 | (gg) Information that is prohibited from being | ||||||
20 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
21 | Code. | ||||||
22 | (hh) Records that are exempt from disclosure under | ||||||
23 | Section 1A-16.7 of the Election Code. | ||||||
24 | (ii) Information which is exempted from disclosure | ||||||
25 | under Section 2505-800 of the Department of Revenue Law of | ||||||
26 | the Civil Administrative Code of Illinois. |
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1 | (jj) Information and reports that are required to be | ||||||
2 | submitted to the Department of Labor by registering day | ||||||
3 | and temporary labor service agencies but are exempt from | ||||||
4 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
5 | and Temporary Labor Services Act. | ||||||
6 | (kk) Information prohibited from disclosure under the | ||||||
7 | Seizure and Forfeiture Reporting Act. | ||||||
8 | (ll) Information the disclosure of which is restricted | ||||||
9 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
10 | Aid Code. | ||||||
11 | (mm) Records that are exempt from disclosure under | ||||||
12 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
13 | (nn) Information that is exempt from disclosure under | ||||||
14 | Section 70 of the Higher Education Student Assistance Act. | ||||||
15 | (oo) Communications, notes, records, and reports | ||||||
16 | arising out of a peer support counseling session | ||||||
17 | prohibited from disclosure under the First Responders | ||||||
18 | Suicide Prevention Act. | ||||||
19 | (pp) Names and all identifying information relating to | ||||||
20 | an employee of an emergency services provider or law | ||||||
21 | enforcement agency under the First Responders Suicide | ||||||
22 | Prevention Act. | ||||||
23 | (qq) Information and records held by the Department of | ||||||
24 | Public Health and its authorized representatives collected | ||||||
25 | under the Reproductive Health Act. | ||||||
26 | (rr) Information that is exempt from disclosure under |
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1 | the Cannabis Regulation and Tax Act. | ||||||
2 | (ss) Data reported by an employer to the Department of | ||||||
3 | Human Rights pursuant to Section 2-108 of the Illinois | ||||||
4 | Human Rights Act. | ||||||
5 | (tt) Recordings made under the Children's Advocacy | ||||||
6 | Center Act, except to the extent authorized under that | ||||||
7 | Act. | ||||||
8 | (uu) Information that is exempt from disclosure under | ||||||
9 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
10 | (vv) Information that is exempt from disclosure under | ||||||
11 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
12 | Public Aid Code. | ||||||
13 | (ww) Information that is exempt from disclosure under | ||||||
14 | Section 16.8 of the State Treasurer Act. | ||||||
15 | (xx) Information that is exempt from disclosure or | ||||||
16 | information that shall not be made public under the | ||||||
17 | Illinois Insurance Code. | ||||||
18 | (yy) Information prohibited from being disclosed under | ||||||
19 | the Illinois Educational Labor Relations Act. | ||||||
20 | (zz) Information prohibited from being disclosed under | ||||||
21 | the Illinois Public Labor Relations Act. | ||||||
22 | (aaa) Information prohibited from being disclosed | ||||||
23 | under Section 1-167 of the Illinois Pension Code. | ||||||
24 | (bbb) Information that is prohibited from disclosure | ||||||
25 | by the Illinois Police Training Act and the Illinois State | ||||||
26 | Police Act. |
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1 | (ccc) Records exempt from disclosure under Section | ||||||
2 | 2605-304 of the Illinois State Police Law of the Civil | ||||||
3 | Administrative Code of Illinois. | ||||||
4 | (ddd) Information prohibited from being disclosed | ||||||
5 | under Section 35 of the Address Confidentiality for | ||||||
6 | Victims of Domestic Violence, Sexual Assault, Human | ||||||
7 | Trafficking, or Stalking Act. | ||||||
8 | (eee) Information prohibited from being disclosed | ||||||
9 | under subsection (b) of Section 75 of the Domestic | ||||||
10 | Violence Fatality Review Act. | ||||||
11 | (fff) Images from cameras under the Expressway Camera | ||||||
12 | Act. This subsection (fff) is inoperative on and after | ||||||
13 | July 1, 2025. | ||||||
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) (hhh) Information exempt from disclosure under | ||||||
26 | Section 30 of the Insurance Data Security Law. |
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1 | (kkk) (iii) Confidential business information | ||||||
2 | prohibited from disclosure under Section 45 of the Paint | ||||||
3 | Stewardship Act. | ||||||
4 | (lll) (Reserved). | ||||||
5 | (mmm) (iii) Information prohibited from being | ||||||
6 | disclosed under subsection (e) of Section 1-129 of the | ||||||
7 | Illinois Power Agency Act. | ||||||
8 | (nnn) Information prohibited from being disclosed | ||||||
9 | under Section 30 of the Affordable Drug Manufacturing Act. | ||||||
10 | (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; | ||||||
11 | 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. | ||||||
12 | 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; | ||||||
13 | 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. | ||||||
14 | 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, | ||||||
15 | eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; | ||||||
16 | revised 1-2-24.) | ||||||
17 | (Text of Section after amendment by P.A. 103-472 ) | ||||||
18 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
19 | by the statutes referenced below, the following shall be | ||||||
20 | exempt from inspection and copying: | ||||||
21 | (a) All information determined to be confidential | ||||||
22 | under Section 4002 of the Technology Advancement and | ||||||
23 | Development Act. | ||||||
24 | (b) Library circulation and order records identifying | ||||||
25 | library users with specific materials under the Library |
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| |||||||
1 | Records Confidentiality Act. | ||||||
2 | (c) Applications, related documents, and medical | ||||||
3 | records received by the Experimental Organ Transplantation | ||||||
4 | Procedures Board and any and all documents or other | ||||||
5 | records prepared by the Experimental Organ Transplantation | ||||||
6 | Procedures Board or its staff relating to applications it | ||||||
7 | has received. | ||||||
8 | (d) Information and records held by the Department of | ||||||
9 | Public Health and its authorized representatives relating | ||||||
10 | to known or suspected cases of sexually transmissible | ||||||
11 | disease or any information the disclosure of which is | ||||||
12 | restricted under the Illinois Sexually Transmissible | ||||||
13 | Disease Control Act. | ||||||
14 | (e) Information the disclosure of which is exempted | ||||||
15 | under Section 30 of the Radon Industry Licensing Act. | ||||||
16 | (f) Firm performance evaluations under Section 55 of | ||||||
17 | the Architectural, Engineering, and Land Surveying | ||||||
18 | Qualifications Based Selection Act. | ||||||
19 | (g) Information the disclosure of which is restricted | ||||||
20 | and exempted under Section 50 of the Illinois Prepaid | ||||||
21 | Tuition Act. | ||||||
22 | (h) Information the disclosure of which is exempted | ||||||
23 | under the State Officials and Employees Ethics Act, and | ||||||
24 | records of any lawfully created State or local inspector | ||||||
25 | general's office that would be exempt if created or | ||||||
26 | obtained by an Executive Inspector General's office under |
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1 | that Act. | ||||||
2 | (i) Information contained in a local emergency energy | ||||||
3 | plan submitted to a municipality in accordance with a | ||||||
4 | local emergency energy plan ordinance that is adopted | ||||||
5 | under Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
6 | (j) Information and data concerning the distribution | ||||||
7 | of surcharge moneys collected and remitted by carriers | ||||||
8 | under the Emergency Telephone System Act. | ||||||
9 | (k) Law enforcement officer identification information | ||||||
10 | or driver identification information compiled by a law | ||||||
11 | enforcement agency or the Department of Transportation | ||||||
12 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
13 | (l) Records and information provided to a residential | ||||||
14 | health care facility resident sexual assault and death | ||||||
15 | review team or the Executive Council under the Abuse | ||||||
16 | Prevention Review Team Act. | ||||||
17 | (m) Information provided to the predatory lending | ||||||
18 | database created pursuant to Article 3 of the Residential | ||||||
19 | Real Property Disclosure Act, except to the extent | ||||||
20 | authorized under that Article. | ||||||
21 | (n) Defense budgets and petitions for certification of | ||||||
22 | compensation and expenses for court appointed trial | ||||||
23 | counsel as provided under Sections 10 and 15 of the | ||||||
24 | Capital Crimes Litigation Act (repealed) . This subsection | ||||||
25 | (n) shall apply until the conclusion of the trial of the | ||||||
26 | case, even if the prosecution chooses not to pursue the |
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1 | death penalty prior to trial or sentencing. | ||||||
2 | (o) Information that is prohibited from being | ||||||
3 | disclosed under Section 4 of the Illinois Health and | ||||||
4 | Hazardous Substances Registry Act. | ||||||
5 | (p) Security portions of system safety program plans, | ||||||
6 | investigation reports, surveys, schedules, lists, data, or | ||||||
7 | information compiled, collected, or prepared by or for the | ||||||
8 | Department of Transportation under Sections 2705-300 and | ||||||
9 | 2705-616 of the Department of Transportation Law of the | ||||||
10 | Civil Administrative Code of Illinois, the Regional | ||||||
11 | Transportation Authority under Section 2.11 of the | ||||||
12 | Regional Transportation Authority Act, or the St. Clair | ||||||
13 | County Transit District under the Bi-State Transit Safety | ||||||
14 | Act (repealed) . | ||||||
15 | (q) Information prohibited from being disclosed by the | ||||||
16 | Personnel Record Review Act. | ||||||
17 | (r) Information prohibited from being disclosed by the | ||||||
18 | Illinois School Student Records Act. | ||||||
19 | (s) Information the disclosure of which is restricted | ||||||
20 | under Section 5-108 of the Public Utilities Act. | ||||||
21 | (t) (Blank). | ||||||
22 | (u) Records and information provided to an independent | ||||||
23 | team of experts under the Developmental Disability and | ||||||
24 | Mental Health Safety Act (also known as Brian's Law). | ||||||
25 | (v) Names and information of people who have applied | ||||||
26 | for or received Firearm Owner's Identification Cards under |
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1 | the Firearm Owners Identification Card Act or applied for | ||||||
2 | or received a concealed carry license under the Firearm | ||||||
3 | Concealed Carry Act, unless otherwise authorized by the | ||||||
4 | Firearm Concealed Carry Act; and databases under the | ||||||
5 | Firearm Concealed Carry Act, records of the Concealed | ||||||
6 | Carry Licensing Review Board under the Firearm Concealed | ||||||
7 | Carry Act, and law enforcement agency objections under the | ||||||
8 | Firearm Concealed Carry Act. | ||||||
9 | (v-5) Records of the Firearm Owner's Identification | ||||||
10 | Card Review Board that are exempted from disclosure under | ||||||
11 | Section 10 of the Firearm Owners Identification Card Act. | ||||||
12 | (w) Personally identifiable information which is | ||||||
13 | exempted from disclosure under subsection (g) of Section | ||||||
14 | 19.1 of the Toll Highway Act. | ||||||
15 | (x) Information which is exempted from disclosure | ||||||
16 | under Section 5-1014.3 of the Counties Code or Section | ||||||
17 | 8-11-21 of the Illinois Municipal Code. | ||||||
18 | (y) Confidential information under the Adult | ||||||
19 | Protective Services Act and its predecessor enabling | ||||||
20 | statute, the Elder Abuse and Neglect Act, including | ||||||
21 | information about the identity and administrative finding | ||||||
22 | against any caregiver of a verified and substantiated | ||||||
23 | decision of abuse, neglect, or financial exploitation of | ||||||
24 | an eligible adult maintained in the Registry established | ||||||
25 | under Section 7.5 of the Adult Protective Services Act. | ||||||
26 | (z) Records and information provided to a fatality |
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1 | review team or the Illinois Fatality Review Team Advisory | ||||||
2 | Council under Section 15 of the Adult Protective Services | ||||||
3 | Act. | ||||||
4 | (aa) Information which is exempted from disclosure | ||||||
5 | under Section 2.37 of the Wildlife Code. | ||||||
6 | (bb) Information which is or was prohibited from | ||||||
7 | disclosure by the Juvenile Court Act of 1987. | ||||||
8 | (cc) Recordings made under the Law Enforcement | ||||||
9 | Officer-Worn Body Camera Act, except to the extent | ||||||
10 | authorized under that Act. | ||||||
11 | (dd) Information that is prohibited from being | ||||||
12 | disclosed under Section 45 of the Condominium and Common | ||||||
13 | Interest Community Ombudsperson Act. | ||||||
14 | (ee) Information that is exempted from disclosure | ||||||
15 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
16 | (ff) Information that is exempted from disclosure | ||||||
17 | under the Revised Uniform Unclaimed Property Act. | ||||||
18 | (gg) Information that is prohibited from being | ||||||
19 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
20 | Code. | ||||||
21 | (hh) Records that are exempt from disclosure under | ||||||
22 | Section 1A-16.7 of the Election Code. | ||||||
23 | (ii) Information which is exempted from disclosure | ||||||
24 | under Section 2505-800 of the Department of Revenue Law of | ||||||
25 | the Civil Administrative Code of Illinois. | ||||||
26 | (jj) Information and reports that are required to be |
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1 | submitted to the Department of Labor by registering day | ||||||
2 | and temporary labor service agencies but are exempt from | ||||||
3 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
4 | and Temporary Labor Services Act. | ||||||
5 | (kk) Information prohibited from disclosure under the | ||||||
6 | Seizure and Forfeiture Reporting Act. | ||||||
7 | (ll) Information the disclosure of which is restricted | ||||||
8 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
9 | Aid Code. | ||||||
10 | (mm) Records that are exempt from disclosure under | ||||||
11 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
12 | (nn) Information that is exempt from disclosure under | ||||||
13 | Section 70 of the Higher Education Student Assistance Act. | ||||||
14 | (oo) Communications, notes, records, and reports | ||||||
15 | arising out of a peer support counseling session | ||||||
16 | prohibited from disclosure under the First Responders | ||||||
17 | Suicide Prevention Act. | ||||||
18 | (pp) Names and all identifying information relating to | ||||||
19 | an employee of an emergency services provider or law | ||||||
20 | enforcement agency under the First Responders Suicide | ||||||
21 | Prevention Act. | ||||||
22 | (qq) Information and records held by the Department of | ||||||
23 | Public Health and its authorized representatives collected | ||||||
24 | under the Reproductive Health Act. | ||||||
25 | (rr) Information that is exempt from disclosure under | ||||||
26 | the Cannabis Regulation and Tax Act. |
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1 | (ss) Data reported by an employer to the Department of | ||||||
2 | Human Rights pursuant to Section 2-108 of the Illinois | ||||||
3 | Human Rights Act. | ||||||
4 | (tt) Recordings made under the Children's Advocacy | ||||||
5 | Center Act, except to the extent authorized under that | ||||||
6 | Act. | ||||||
7 | (uu) Information that is exempt from disclosure under | ||||||
8 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
9 | (vv) Information that is exempt from disclosure under | ||||||
10 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
11 | Public Aid Code. | ||||||
12 | (ww) Information that is exempt from disclosure under | ||||||
13 | Section 16.8 of the State Treasurer Act. | ||||||
14 | (xx) Information that is exempt from disclosure or | ||||||
15 | information that shall not be made public under the | ||||||
16 | Illinois Insurance Code. | ||||||
17 | (yy) Information prohibited from being disclosed under | ||||||
18 | the Illinois Educational Labor Relations Act. | ||||||
19 | (zz) Information prohibited from being disclosed under | ||||||
20 | the Illinois Public Labor Relations Act. | ||||||
21 | (aaa) Information prohibited from being disclosed | ||||||
22 | under Section 1-167 of the Illinois Pension Code. | ||||||
23 | (bbb) Information that is prohibited from disclosure | ||||||
24 | by the Illinois Police Training Act and the Illinois State | ||||||
25 | Police Act. | ||||||
26 | (ccc) Records exempt from disclosure under Section |
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1 | 2605-304 of the Illinois State Police Law of the Civil | ||||||
2 | Administrative Code of Illinois. | ||||||
3 | (ddd) Information prohibited from being disclosed | ||||||
4 | under Section 35 of the Address Confidentiality for | ||||||
5 | Victims of Domestic Violence, Sexual Assault, Human | ||||||
6 | Trafficking, or Stalking Act. | ||||||
7 | (eee) Information prohibited from being disclosed | ||||||
8 | under subsection (b) of Section 75 of the Domestic | ||||||
9 | Violence Fatality Review Act. | ||||||
10 | (fff) Images from cameras under the Expressway Camera | ||||||
11 | Act. This subsection (fff) is inoperative on and after | ||||||
12 | July 1, 2025. | ||||||
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) (hhh) Information exempt from disclosure under | ||||||
25 | Section 30 of the Insurance Data Security Law. | ||||||
26 | (kkk) (iii) Confidential business information |
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1 | prohibited from disclosure under Section 45 of the Paint | ||||||
2 | Stewardship Act. | ||||||
3 | (lll) (iii) Data exempt from disclosure under Section | ||||||
4 | 2-3.196 of the School Code. | ||||||
5 | (mmm) (iii) Information prohibited from being | ||||||
6 | disclosed under subsection (e) of Section 1-129 of the | ||||||
7 | Illinois Power Agency Act. | ||||||
8 | (nnn) Information prohibited from being disclosed | ||||||
9 | under Section 30 of the Affordable Drug Manufacturing Act. | ||||||
10 | (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; | ||||||
11 | 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. | ||||||
12 | 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; | ||||||
13 | 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. | ||||||
14 | 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, | ||||||
15 | eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; | ||||||
16 | 103-580, eff. 12-8-23; revised 1-2-24.) | ||||||
17 | Section 95. No acceleration or delay. Where this Act makes | ||||||
18 | changes in a statute that is represented in this Act by text | ||||||
19 | that is not yet or no longer in effect (for example, a Section | ||||||
20 | represented by multiple versions), the use of that text does | ||||||
21 | not accelerate or delay the taking effect of (i) the changes | ||||||
22 | made by this Act or (ii) provisions derived from any other | ||||||
23 | Public Act. | ||||||
24 | Section 97. Severability. The provisions of this Act are |
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| |||||||
1 | severable under Section 1.31 of the Statute on Statutes. | ||||||
2 | Section 99. Effective date. This Act takes effect July 1, | ||||||
3 | 2024. |