Rep. Laura Faver Dias

Filed: 4/9/2026

 

 


 

 


 
10400HB0609ham001LRB104 04475 BAB 34808 a

1
AMENDMENT TO HOUSE BILL 609

2    AMENDMENT NO. ______. Amend House Bill 609 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Autism Data Privacy Act.
 
6    Section 5. Findings. The General Assembly finds and
7declares that:
8        (1) Individuals with autism contribute their talents,
9    perspectives, and problem-solving abilities to strengthen
10    Illinois' workforce, enrich families and communities, and
11    advance innovation in science, technology, the arts, and
12    beyond.
13        (2) Illinois is fully committed to disability rights,
14    inclusive services, and person-centered systems of care.
15        (3) All Illinoisans with disabilities are entitled to
16    the full protections of State and federal civil rights

 

 

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1    laws, including the Illinois Human Rights Act, Section 504
2    of the federal Rehabilitation Act of 1973, and the federal
3    Americans with Disabilities Act.
4        (4) Autism is a neurological difference, not a disease
5    or an epidemic, identified by trained clinicians and
6    health care professionals, with rising identification
7    rates attributable to improved practices, greater
8    awareness, and expanded access to screening tools.
9        (5) Illinois is home to a growing community of
10    self-advocates, professionals, and families working
11    together to promote inclusion, independence, and
12    opportunity for individuals with autism across all areas
13    of life, from education to employment to civic engagement.
14        (6) Illinois has taken bold steps in recent years to
15    invest in human services and promote competitive
16    integrated employment for people with autism and other
17    disabilities.
18        (7) The State of Illinois recognizes that fostering
19    environments of belonging, dignity, and universal access
20    strengthens our communities and ensures that all
21    residents, including people with disabilities, can thrive
22    and fully participate in society.
23        (8) People with disabilities, including individuals
24    with autism, are too often stigmatized and underestimated,
25    and public policy should never diminish the diverse
26    strengths and potential of this community.

 

 

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1        (9) Recent federal proposals, including the specter of
2    a national autism patient registry, raise serious concerns
3    about the broad collection and use of personally
4    identifiable autism-related data from State, private, and
5    consumer sources without sufficient consent,
6    justification, or accountability.
7        (10) These data collection practices risk violating
8    the privacy, dignity, and autonomy of Illinois residents
9    and may erode access to necessary support services,
10    therapies, workplace accommodations, and lead to
11    discriminatory profiling or surveillance of individuals
12    with disabilities.
13        (11) Decades of rigorous scientific research have
14    shown no relationship between vaccines and autism, and
15    public health depends on the promotion of evidence-based
16    interventions that have been proven to improve the health
17    of residents.
18        (12) The State of Illinois recognizes the importance
19    of promoting credible, up-to-date information and guarding
20    against the danger of misusing autism-related data to
21    advance false narratives, stigmatize individuals, or erode
22    confidence in essential public health measures.
23        (13) Public trust in government data systems depends
24    on meaningful protections for individuals, particularly
25    those from historically marginalized communities,
26    including the disability community.

 

 

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1        (14) Illinois has a proud history of protecting its
2    residents' privacy, including through the Mental Health
3    and Developmental Disabilities Confidentiality Act, which
4    provides protections more stringent than federal privacy
5    law.
6        (15) Illinois has a compelling interest in securing
7    the health and social needs of its residents, safeguarding
8    personal health information, minimizing unnecessary data
9    collection, and ensuring that no State agency collects or
10    discloses sensitive information without a clear and lawful
11    purpose.
 
12    Section 10. Definitions. In this Act:
13    "Autism-related data" means personally identifiable
14information maintained by a State agency that reveals an
15individual has been identified as autistic.
16    "Data-scraping technology" means automated extraction or
17copying of data from a website, application, or service
18outside an authorized application programming interface or
19other authorized data exchange mechanism, for the purpose of
20collecting personally identifiable information.
21    "De-identified data" means data that has been
22de-identified in accordance with 45 CFR 164.514 or successor
23regulations.
24    "Informed consent" means voluntary, written authorization
25given by an individual, or the individual's legal guardian,

 

 

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1after being clearly informed of the nature, scope, purpose,
2risks, and potential consequences of the data collection or
3disclosure.
4    "State agency" means any agency, department, office,
5officer, division, bureau, board, commission, or other entity
6of the executive branch of Illinois State government.
 
7    Section 15. Limitation on collection of autism-related
8data.
9    (a) A State agency shall not collect, or use data-scraping
10technology to gather, autism-related data unless the
11collection:
12        (1) complies with the Health Insurance Portability and
13    Accountability Act of 1996 to the extent the State agency
14    is a HIPAA covered entity or business associate;
15    otherwise, it must comply with the privacy standards in
16    this Act and other applicable law;
17        (2) complies with the Mental Health and Developmental
18    Disabilities Confidentiality Act, to the extent
19    applicable; and
20        (3) is strictly necessary for:
21            (A) the administration of a State or federal
22        benefits program, including payment and reimbursement,
23        providing benefits, or ensuring equality of
24        opportunity, participation, or accessibility;
25            (B) the provision of medical or specialized care

 

 

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1        or services;
2            (C) the audit or evaluation of a federal-supported
3        or State-supported education program or enforcement
4        of, or compliance with, federal or State legal
5        requirements related to such a program; or
6            (D) compliance with established State or federal
7        law, including public health reporting and
8        surveillance expressly permitted under federal law.
9    (b) Contractors, grantees, and vendors acting on behalf of
10a State agency shall be held to the same privacy and data
11protection standards and shall not collect, store, or disclose
12autism-related data outside the parameters of this Act.
13    (c) In the event of a conflict regarding the use and
14disclosure of covered records between the Mental Health and
15Developmental Disabilities Confidentiality Act and this Act,
16the Mental Health and Developmental Disabilities
17Confidentiality Act governs the use and disclosure of covered
18records.
19    (d) Nothing in this Act prohibits the collection, use, or
20disclosure of autism-related data when expressly required or
21permitted under State or federal law for:
22        (1) public health activities, disease reporting, or
23    surveillance authorized by law;
24        (2) audits, evaluations, or enforcement of State or
25    federally supported programs; or
26        (3) compliance with federal program requirements,

 

 

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1    including Title XIX of the federal Social Security Act,
2    the federal Individuals with Disabilities Education Act,
3    and other applicable statutes.
 
4    Section 20. Restrictions on disclosure of autism-related
5data.
6    (a) A State agency shall not disclose personally
7identifiable autism-related data to any entity outside
8Illinois State government unless:
9        (1) the individual, or the individual's legal
10    guardian, provides informed, written consent for a
11    specific use;
12        (2) the disclosure is pursuant to an order issued by a
13    court;
14        (3) the disclosure is necessary to provide
15    educational, medical, employment, housing, or other
16    essential services and supports to the individual; or
17        (4) the disclosure is required to comply with
18    established State or federal law.
19    (b) All disclosures must be limited to the minimum amount
20of information necessary to meet the legal requirement and, if
21permitted and practicable, must be made using de-identified
22data.
23    (c) Autism-related data is exempt from inspection and
24copying under the Freedom of Information Act to the extent
25disclosure is prohibited by this Act or other State or federal

 

 

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1law.
2    (d) Nothing in this Act limits disclosures permitted under
342 CFR Part 2 regarding substance use disorder treatment
4records, including disclosures made with patient consent,
5pursuant to court order, or as otherwise authorized by federal
6law.
 
7    Section 25. Preservation of civil rights. Nothing in this
8Act limits any rights or protections guaranteed under federal
9or State law, including Section 504 of the federal
10Rehabilitation Act of 1973, the federal Americans with
11Disabilities Act, the federal Individuals with Disabilities
12Education Act, the federal Health Insurance Portability and
13Accountability Act of 1996, the federal Genetic Information
14Nondiscrimination Act, the Illinois Human Rights Act, the
15Mental Health and Developmental Disabilities Confidentiality
16Act, or any other established law protecting individuals with
17disabilities from discrimination or protecting the privacy of
18personal health information.
 
19    Section 30. Compliance review.
20    (a) The Governor's Office shall, every 2 years, review
21agency compliance with this Act and recommend additional
22safeguards as necessary to protect personally identifiable
23information and support the use of de-identified data for
24credible research.

 

 

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1    (b) The Deputy Governor for Health and Human Services may
2appoint a time-limited, ad hoc Autism Data Privacy Advisory
3Group composed of at least 5 and no more than 13 State agency
4staff, self-advocates, family members, data privacy experts,
5or disability rights attorneys to discuss implementation and
6provide recommendations on improvements or necessary updates
7to continue this Act.
 
8    Section 35. Relationship to other laws. Nothing in this
9Act limits or supersedes the breach notification requirements
10under the Personal Information Protection Act or any other
11applicable State or federal law.
 
12    Section 80. The Freedom of Information Act is amended by
13changing Section 7.5 as follows:
 
14    (5 ILCS 140/7.5)
15    (Text of Section before amendment by P.A. 104-441 and
16104-457)
17    Sec. 7.5. Statutory exemptions. To the extent provided for
18by the statutes referenced below, the following shall be
19exempt 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 transmitted
12    infection or any information the disclosure of which is
13    restricted under the Illinois Sexually Transmitted
14    Infection 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 and all automated license plate reader (ALPR)
13    information used and collected by the Illinois State
14    Police. "ALPR information" means information gathered by
15    an ALPR or created from the analysis of data generated by
16    an ALPR. This subsection (fff) is inoperative on and after
17    July 1, 2028.
18        (ggg) Information prohibited from disclosure under
19    paragraph (3) of subsection (a) of Section 14 of the Nurse
20    Agency Licensing Act.
21        (hhh) Information submitted to the Illinois State
22    Police in an affidavit or application for an assault
23    weapon endorsement, assault weapon attachment endorsement,
24    .50 caliber rifle endorsement, or .50 caliber cartridge
25    endorsement under the Firearm Owners Identification Card
26    Act.

 

 

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1        (iii) Data exempt from disclosure under Section 50 of
2    the School Safety Drill Act.
3        (jjj) Information exempt from disclosure under Section
4    30 of the Insurance Data Security Law.
5        (kkk) Confidential business information prohibited
6    from disclosure under Section 45 of the Paint Stewardship
7    Act.
8        (lll) Data exempt from disclosure under Section
9    2-3.196 of the School Code.
10        (mmm) Information prohibited from being disclosed
11    under subsection (e) of Section 1-129 of the Illinois
12    Power Agency Act.
13        (nnn) Materials received by the Department of Commerce
14    and Economic Opportunity that are confidential under the
15    Music and Musicians Tax Credit and Jobs Act.
16        (ooo) Data or information provided pursuant to Section
17    20 of the Statewide Recycling Needs and Assessment Act.
18        (ppp) Information that is exempt from disclosure under
19    Section 28-11 of the Lawful Health Care Activity Act.
20        (qqq) Information that is exempt from disclosure under
21    Section 7-101 of the Illinois Human Rights Act.
22        (rrr) Information prohibited from being disclosed
23    under Section 4-2 of the Uniform Money Transmission
24    Modernization Act.
25        (sss) Information exempt from disclosure under Section
26    40 of the Student-Athlete Endorsement Rights Act.

 

 

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1        (ttt) Audio recordings made under Section 30 of the
2    Illinois State Police Act, except to the extent authorized
3    under that Section.
4        (uuu) Information prohibited from being disclosed
5    under Section 30-5 of the Digital Assets Regulation Act.
6        (www) Information exempt from disclosure under the
7    Autism Data Privacy 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; revised
169-10-25.)
 
17    (Text of Section after amendment by P.A. 104-457 but
18before 104-441)
19    Sec. 7.5. Statutory exemptions. To the extent provided for
20by the statutes referenced below, the following shall be
21exempt from inspection and copying:
22        (a) All information determined to be confidential
23    under Section 4002 of the Technology Advancement and
24    Development Act.
25        (b) Library circulation and order records identifying

 

 

10400HB0609ham001- 20 -LRB104 04475 BAB 34808 a

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 transmitted
12    infection or any information the disclosure of which is
13    restricted under the Illinois Sexually Transmitted
14    Infection 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

 

 

10400HB0609ham001- 21 -LRB104 04475 BAB 34808 a

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

 

 

10400HB0609ham001- 22 -LRB104 04475 BAB 34808 a

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 Northern
12    Illinois Transit Authority under Section 2.11 of the
13    Northern Illinois Transit 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

 

 

10400HB0609ham001- 23 -LRB104 04475 BAB 34808 a

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.

 

 

10400HB0609ham001- 24 -LRB104 04475 BAB 34808 a

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.

 

 

10400HB0609ham001- 25 -LRB104 04475 BAB 34808 a

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

 

 

10400HB0609ham001- 26 -LRB104 04475 BAB 34808 a

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.

 

 

10400HB0609ham001- 27 -LRB104 04475 BAB 34808 a

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 and all automated license plate reader (ALPR)
13    information used and collected by the Illinois State
14    Police. "ALPR information" means information gathered by
15    an ALPR or created from the analysis of data generated by
16    an ALPR. This subsection (fff) is inoperative on and after
17    July 1, 2028.
18        (ggg) Information prohibited from disclosure under
19    paragraph (3) of subsection (a) of Section 14 of the Nurse
20    Agency Licensing Act.
21        (hhh) Information submitted to the Illinois State
22    Police in an affidavit or application for an assault
23    weapon endorsement, assault weapon attachment endorsement,
24    .50 caliber rifle endorsement, or .50 caliber cartridge
25    endorsement under the Firearm Owners Identification Card
26    Act.

 

 

10400HB0609ham001- 28 -LRB104 04475 BAB 34808 a

1        (iii) Data exempt from disclosure under Section 50 of
2    the School Safety Drill Act.
3        (jjj) Information exempt from disclosure under Section
4    30 of the Insurance Data Security Law.
5        (kkk) Confidential business information prohibited
6    from disclosure under Section 45 of the Paint Stewardship
7    Act.
8        (lll) Data exempt from disclosure under Section
9    2-3.196 of the School Code.
10        (mmm) Information prohibited from being disclosed
11    under subsection (e) of Section 1-129 of the Illinois
12    Power Agency Act.
13        (nnn) Materials received by the Department of Commerce
14    and Economic Opportunity that are confidential under the
15    Music and Musicians Tax Credit and Jobs Act.
16        (ooo) Data or information provided pursuant to Section
17    20 of the Statewide Recycling Needs and Assessment Act.
18        (ppp) Information that is exempt from disclosure under
19    Section 28-11 of the Lawful Health Care Activity Act.
20        (qqq) Information that is exempt from disclosure under
21    Section 7-101 of the Illinois Human Rights Act.
22        (rrr) Information prohibited from being disclosed
23    under Section 4-2 of the Uniform Money Transmission
24    Modernization Act.
25        (sss) Information exempt from disclosure under Section
26    40 of the Student-Athlete Endorsement Rights Act.

 

 

10400HB0609ham001- 29 -LRB104 04475 BAB 34808 a

1        (ttt) Audio recordings made under Section 30 of the
2    Illinois State Police Act, except to the extent authorized
3    under that Section.
4        (uuu) Information prohibited from being disclosed
5    under Section 30-5 of the Digital Assets Regulation Act.
6        (www) Information exempt from disclosure under the
7    Autism Data Privacy 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; 104-457, eff.
166-1-26; revised 1-7-26.)
 
17    (Text of Section after amendment by P.A. 104-441)
18    Sec. 7.5. Statutory exemptions. To the extent provided for
19by the statutes referenced below, the following shall be
20exempt 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

 

 

10400HB0609ham001- 30 -LRB104 04475 BAB 34808 a

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 transmitted
11    infection or any information the disclosure of which is
12    restricted under the Illinois Sexually Transmitted
13    Infection 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

 

 

10400HB0609ham001- 31 -LRB104 04475 BAB 34808 a

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

 

 

10400HB0609ham001- 32 -LRB104 04475 BAB 34808 a

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 Northern
11    Illinois Transit Authority under Section 2.11 of the
12    Northern Illinois Transit 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

 

 

10400HB0609ham001- 33 -LRB104 04475 BAB 34808 a

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

 

 

10400HB0609ham001- 34 -LRB104 04475 BAB 34808 a

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

 

 

10400HB0609ham001- 35 -LRB104 04475 BAB 34808 a

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.

 

 

10400HB0609ham001- 36 -LRB104 04475 BAB 34808 a

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

 

 

10400HB0609ham001- 37 -LRB104 04475 BAB 34808 a

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 and all automated license plate reader (ALPR)
12    information used and collected by the Illinois State
13    Police. "ALPR information" means information gathered by
14    an ALPR or created from the analysis of data generated by
15    an ALPR. This subsection (fff) is inoperative on and after
16    July 1, 2028.
17        (ggg) Information prohibited from disclosure under
18    paragraph (3) of subsection (a) of Section 14 of the Nurse
19    Agency Licensing Act.
20        (hhh) Information submitted to the Illinois State
21    Police in an affidavit or application for an assault
22    weapon endorsement, assault weapon attachment endorsement,
23    .50 caliber rifle endorsement, or .50 caliber cartridge
24    endorsement under the Firearm Owners Identification Card
25    Act.
26        (iii) Data exempt from disclosure under Section 50 of

 

 

10400HB0609ham001- 38 -LRB104 04475 BAB 34808 a

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

 

 

10400HB0609ham001- 39 -LRB104 04475 BAB 34808 a

1    Illinois State Police Act, except to the extent authorized
2    under that Section.
3        (uuu) Information prohibited from being disclosed
4    under Section 30-5 of the Digital Assets Regulation Act.
5        (vvv) (uuu) Information exempt from disclosure under
6    Section 70 of the End-of-Life Options for Terminally Ill
7    Patients Act.
8        (www) Information exempt from disclosure under the
9    Autism Data Privacy Act.
10(Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 6-9-23;
11103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff.
128-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592,
13eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24;
14103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff.
158-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 103-1081,
16eff. 3-21-25; 104-10, eff. 6-16-25; 104-18, eff. 6-30-25;
17104-417, eff. 8-15-25; 104-428, eff. 8-18-25; 104-441, eff.
189-12-26; 104-457, eff. 6-1-26; revised 1-7-26.)
 
19    Section 95. No acceleration or delay. Where this Act makes
20changes in a statute that is represented in this Act by text
21that is not yet or no longer in effect (for example, a Section
22represented by multiple versions), the use of that text does
23not accelerate or delay the taking effect of (i) the changes
24made by this Act or (ii) provisions derived from any other
25Public Act.
 

 

 

10400HB0609ham001- 40 -LRB104 04475 BAB 34808 a

1    Section 99. Effective date. This Act takes effect upon
2becoming law.".