Full Text of HB0307 103rd General Assembly
HB0307enr 103RD GENERAL ASSEMBLY | | | HB0307 Enrolled | | LRB103 03834 RJT 48840 b |
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| 1 | | AN ACT concerning education. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Freedom of Information Act is amended by | 5 | | changing Section 7.5 as follows: | 6 | | (5 ILCS 140/7.5) | 7 | | (Text of Section before amendment by P.A. 103-472 ) | 8 | | Sec. 7.5. Statutory exemptions. To the extent provided for | 9 | | by the statutes referenced below, the following shall be | 10 | | exempt from inspection and copying: | 11 | | (a) All information determined to be confidential | 12 | | under Section 4002 of the Technology Advancement and | 13 | | Development Act. | 14 | | (b) Library circulation and order records identifying | 15 | | library users with specific materials under the Library | 16 | | Records Confidentiality Act. | 17 | | (c) Applications, related documents, and medical | 18 | | records received by the Experimental Organ Transplantation | 19 | | Procedures Board and any and all documents or other | 20 | | records prepared by the Experimental Organ Transplantation | 21 | | Procedures Board or its staff relating to applications it | 22 | | has received. | 23 | | (d) Information and records held by the Department of |
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| 1 | | Public Health and its authorized representatives relating | 2 | | to known or suspected cases of sexually transmissible | 3 | | disease or any information the disclosure of which is | 4 | | restricted under the Illinois Sexually Transmissible | 5 | | Disease Control Act. | 6 | | (e) Information the disclosure of which is exempted | 7 | | under Section 30 of the Radon Industry Licensing Act. | 8 | | (f) Firm performance evaluations under Section 55 of | 9 | | the Architectural, Engineering, and Land Surveying | 10 | | Qualifications Based Selection Act. | 11 | | (g) Information the disclosure of which is restricted | 12 | | and exempted under Section 50 of the Illinois Prepaid | 13 | | Tuition Act. | 14 | | (h) Information the disclosure of which is exempted | 15 | | under the State Officials and Employees Ethics Act, and | 16 | | records of any lawfully created State or local inspector | 17 | | general's office that would be exempt if created or | 18 | | obtained by an Executive Inspector General's office under | 19 | | that Act. | 20 | | (i) Information contained in a local emergency energy | 21 | | plan submitted to a municipality in accordance with a | 22 | | local emergency energy plan ordinance that is adopted | 23 | | under Section 11-21.5-5 of the Illinois Municipal Code. | 24 | | (j) Information and data concerning the distribution | 25 | | of surcharge moneys collected and remitted by carriers | 26 | | under the Emergency Telephone System Act. |
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| 1 | | (k) Law enforcement officer identification information | 2 | | or driver identification information compiled by a law | 3 | | enforcement agency or the Department of Transportation | 4 | | under Section 11-212 of the Illinois Vehicle Code. | 5 | | (l) Records and information provided to a residential | 6 | | health care facility resident sexual assault and death | 7 | | review team or the Executive Council under the Abuse | 8 | | Prevention Review Team Act. | 9 | | (m) Information provided to the predatory lending | 10 | | database created pursuant to Article 3 of the Residential | 11 | | Real Property Disclosure Act, except to the extent | 12 | | authorized under that Article. | 13 | | (n) Defense budgets and petitions for certification of | 14 | | compensation and expenses for court appointed trial | 15 | | counsel as provided under Sections 10 and 15 of the | 16 | | Capital Crimes Litigation Act (repealed) . This subsection | 17 | | (n) shall apply until the conclusion of the trial of the | 18 | | case, even if the prosecution chooses not to pursue the | 19 | | death penalty prior to trial or sentencing. | 20 | | (o) Information that is prohibited from being | 21 | | disclosed under Section 4 of the Illinois Health and | 22 | | Hazardous Substances Registry Act. | 23 | | (p) Security portions of system safety program plans, | 24 | | investigation reports, surveys, schedules, lists, data, or | 25 | | information compiled, collected, or prepared by or for the | 26 | | Department of Transportation under Sections 2705-300 and |
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| 1 | | 2705-616 of the Department of Transportation Law of the | 2 | | Civil Administrative Code of Illinois, the Regional | 3 | | Transportation Authority under Section 2.11 of the | 4 | | Regional Transportation Authority Act, or the St. Clair | 5 | | County Transit District under the Bi-State Transit Safety | 6 | | Act (repealed) . | 7 | | (q) Information prohibited from being disclosed by the | 8 | | Personnel Record Review Act. | 9 | | (r) Information prohibited from being disclosed by the | 10 | | Illinois School Student Records Act. | 11 | | (s) Information the disclosure of which is restricted | 12 | | under Section 5-108 of the Public Utilities Act. | 13 | | (t) (Blank). | 14 | | (u) Records and information provided to an independent | 15 | | team of experts under the Developmental Disability and | 16 | | Mental Health Safety Act (also known as Brian's Law). | 17 | | (v) Names and information of people who have applied | 18 | | for or received Firearm Owner's Identification Cards under | 19 | | the Firearm Owners Identification Card Act or applied for | 20 | | or received a concealed carry license under the Firearm | 21 | | Concealed Carry Act, unless otherwise authorized by the | 22 | | Firearm Concealed Carry Act; and databases under the | 23 | | Firearm Concealed Carry Act, records of the Concealed | 24 | | Carry Licensing Review Board under the Firearm Concealed | 25 | | Carry Act, and law enforcement agency objections under the | 26 | | Firearm Concealed Carry Act. |
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| 1 | | (v-5) Records of the Firearm Owner's Identification | 2 | | Card Review Board that are exempted from disclosure under | 3 | | Section 10 of the Firearm Owners Identification Card Act. | 4 | | (w) Personally identifiable information which is | 5 | | exempted from disclosure under subsection (g) of Section | 6 | | 19.1 of the Toll Highway Act. | 7 | | (x) Information which is exempted from disclosure | 8 | | under Section 5-1014.3 of the Counties Code or Section | 9 | | 8-11-21 of the Illinois Municipal Code. | 10 | | (y) Confidential information under the Adult | 11 | | Protective Services Act and its predecessor enabling | 12 | | statute, the Elder Abuse and Neglect Act, including | 13 | | information about the identity and administrative finding | 14 | | against any caregiver of a verified and substantiated | 15 | | decision of abuse, neglect, or financial exploitation of | 16 | | an eligible adult maintained in the Registry established | 17 | | under Section 7.5 of the Adult Protective Services Act. | 18 | | (z) Records and information provided to a fatality | 19 | | review team or the Illinois Fatality Review Team Advisory | 20 | | Council under Section 15 of the Adult Protective Services | 21 | | Act. | 22 | | (aa) Information which is exempted from disclosure | 23 | | under Section 2.37 of the Wildlife Code. | 24 | | (bb) Information which is or was prohibited from | 25 | | disclosure by the Juvenile Court Act of 1987. | 26 | | (cc) Recordings made under the Law Enforcement |
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| 1 | | Officer-Worn Body Camera Act, except to the extent | 2 | | authorized under that Act. | 3 | | (dd) Information that is prohibited from being | 4 | | disclosed under Section 45 of the Condominium and Common | 5 | | Interest Community Ombudsperson Act. | 6 | | (ee) Information that is exempted from disclosure | 7 | | under Section 30.1 of the Pharmacy Practice Act. | 8 | | (ff) Information that is exempted from disclosure | 9 | | under the Revised Uniform Unclaimed Property Act. | 10 | | (gg) Information that is prohibited from being | 11 | | disclosed under Section 7-603.5 of the Illinois Vehicle | 12 | | Code. | 13 | | (hh) Records that are exempt from disclosure under | 14 | | Section 1A-16.7 of the Election Code. | 15 | | (ii) Information which is exempted from disclosure | 16 | | under Section 2505-800 of the Department of Revenue Law of | 17 | | the Civil Administrative Code of Illinois. | 18 | | (jj) Information and reports that are required to be | 19 | | submitted to the Department of Labor by registering day | 20 | | and temporary labor service agencies but are exempt from | 21 | | disclosure under subsection (a-1) of Section 45 of the Day | 22 | | and Temporary Labor Services Act. | 23 | | (kk) Information prohibited from disclosure under the | 24 | | Seizure and Forfeiture Reporting Act. | 25 | | (ll) Information the disclosure of which is restricted | 26 | | and exempted under Section 5-30.8 of the Illinois Public |
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| 1 | | Aid Code. | 2 | | (mm) Records that are exempt from disclosure under | 3 | | Section 4.2 of the Crime Victims Compensation Act. | 4 | | (nn) Information that is exempt from disclosure under | 5 | | Section 70 of the Higher Education Student Assistance Act. | 6 | | (oo) Communications, notes, records, and reports | 7 | | arising out of a peer support counseling session | 8 | | prohibited from disclosure under the First Responders | 9 | | Suicide Prevention Act. | 10 | | (pp) Names and all identifying information relating to | 11 | | an employee of an emergency services provider or law | 12 | | enforcement agency under the First Responders Suicide | 13 | | Prevention Act. | 14 | | (qq) Information and records held by the Department of | 15 | | Public Health and its authorized representatives collected | 16 | | under the Reproductive Health Act. | 17 | | (rr) Information that is exempt from disclosure under | 18 | | the Cannabis Regulation and Tax Act. | 19 | | (ss) Data reported by an employer to the Department of | 20 | | Human Rights pursuant to Section 2-108 of the Illinois | 21 | | Human Rights Act. | 22 | | (tt) Recordings made under the Children's Advocacy | 23 | | Center Act, except to the extent authorized under that | 24 | | Act. | 25 | | (uu) Information that is exempt from disclosure under | 26 | | Section 50 of the Sexual Assault Evidence Submission Act. |
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| 1 | | (vv) Information that is exempt from disclosure under | 2 | | subsections (f) and (j) of Section 5-36 of the Illinois | 3 | | Public Aid Code. | 4 | | (ww) Information that is exempt from disclosure under | 5 | | Section 16.8 of the State Treasurer Act. | 6 | | (xx) Information that is exempt from disclosure or | 7 | | information that shall not be made public under the | 8 | | Illinois Insurance Code. | 9 | | (yy) Information prohibited from being disclosed under | 10 | | the Illinois Educational Labor Relations Act. | 11 | | (zz) Information prohibited from being disclosed under | 12 | | the Illinois Public Labor Relations Act. | 13 | | (aaa) Information prohibited from being disclosed | 14 | | under Section 1-167 of the Illinois Pension Code. | 15 | | (bbb) Information that is prohibited from disclosure | 16 | | by the Illinois Police Training Act and the Illinois State | 17 | | Police Act. | 18 | | (ccc) Records exempt from disclosure under Section | 19 | | 2605-304 of the Illinois State Police Law of the Civil | 20 | | Administrative Code of Illinois. | 21 | | (ddd) Information prohibited from being disclosed | 22 | | under Section 35 of the Address Confidentiality for | 23 | | Victims of Domestic Violence, Sexual Assault, Human | 24 | | Trafficking, or Stalking Act. | 25 | | (eee) Information prohibited from being disclosed | 26 | | under subsection (b) of Section 75 of the Domestic |
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| 1 | | Violence Fatality Review Act. | 2 | | (fff) Images from cameras under the Expressway Camera | 3 | | Act. This subsection (fff) is inoperative on and after | 4 | | July 1, 2025. | 5 | | (ggg) Information prohibited from disclosure under | 6 | | paragraph (3) of subsection (a) of Section 14 of the Nurse | 7 | | Agency Licensing Act. | 8 | | (hhh) Information submitted to the Illinois State | 9 | | Police in an affidavit or application for an assault | 10 | | weapon endorsement, assault weapon attachment endorsement, | 11 | | .50 caliber rifle endorsement, or .50 caliber cartridge | 12 | | endorsement under the Firearm Owners Identification Card | 13 | | Act. | 14 | | (iii) Data exempt from disclosure under Section 50 of | 15 | | the School Safety Drill Act. | 16 | | (jjj) (hhh) Information exempt from disclosure under | 17 | | Section 30 of the Insurance Data Security Law. | 18 | | (kkk) (iii) Confidential business information | 19 | | prohibited from disclosure under Section 45 of the Paint | 20 | | Stewardship Act. | 21 | | (lll) (Reserved). | 22 | | (mmm) (iii) Information prohibited from being | 23 | | disclosed under subsection (e) of Section 1-129 of the | 24 | | Illinois Power Agency Act. | 25 | | (nnn) Information exempt from disclosure under Section | 26 | | 40 of the Student-Athlete Endorsement Rights Act. |
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| 1 | | (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; | 2 | | 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. | 3 | | 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; | 4 | | 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. | 5 | | 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, | 6 | | eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; | 7 | | revised 1-2-24.) | 8 | | (Text of Section after amendment by P.A. 103-472 ) | 9 | | Sec. 7.5. Statutory exemptions. To the extent provided for | 10 | | by the statutes referenced below, the following shall be | 11 | | exempt from inspection and copying: | 12 | | (a) All information determined to be confidential | 13 | | under Section 4002 of the Technology Advancement and | 14 | | Development Act. | 15 | | (b) Library circulation and order records identifying | 16 | | library users with specific materials under the Library | 17 | | Records Confidentiality Act. | 18 | | (c) Applications, related documents, and medical | 19 | | records received by the Experimental Organ Transplantation | 20 | | Procedures Board and any and all documents or other | 21 | | records prepared by the Experimental Organ Transplantation | 22 | | Procedures Board or its staff relating to applications it | 23 | | has received. | 24 | | (d) Information and records held by the Department of | 25 | | Public Health and its authorized representatives relating |
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| 1 | | to known or suspected cases of sexually transmissible | 2 | | disease or any information the disclosure of which is | 3 | | restricted under the Illinois Sexually Transmissible | 4 | | Disease Control Act. | 5 | | (e) Information the disclosure of which is exempted | 6 | | under Section 30 of the Radon Industry Licensing Act. | 7 | | (f) Firm performance evaluations under Section 55 of | 8 | | the Architectural, Engineering, and Land Surveying | 9 | | Qualifications Based Selection Act. | 10 | | (g) Information the disclosure of which is restricted | 11 | | and exempted under Section 50 of the Illinois Prepaid | 12 | | Tuition Act. | 13 | | (h) Information the disclosure of which is exempted | 14 | | under the State Officials and Employees Ethics Act, and | 15 | | records of any lawfully created State or local inspector | 16 | | general's office that would be exempt if created or | 17 | | obtained by an Executive Inspector General's office under | 18 | | that Act. | 19 | | (i) Information contained in a local emergency energy | 20 | | plan submitted to a municipality in accordance with a | 21 | | local emergency energy plan ordinance that is adopted | 22 | | under Section 11-21.5-5 of the Illinois Municipal Code. | 23 | | (j) Information and data concerning the distribution | 24 | | of surcharge moneys collected and remitted by carriers | 25 | | under the Emergency Telephone System Act. | 26 | | (k) Law enforcement officer identification information |
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| 1 | | or driver identification information compiled by a law | 2 | | enforcement agency or the Department of Transportation | 3 | | under Section 11-212 of the Illinois Vehicle Code. | 4 | | (l) Records and information provided to a residential | 5 | | health care facility resident sexual assault and death | 6 | | review team or the Executive Council under the Abuse | 7 | | Prevention Review Team Act. | 8 | | (m) Information provided to the predatory lending | 9 | | database created pursuant to Article 3 of the Residential | 10 | | Real Property Disclosure Act, except to the extent | 11 | | authorized under that Article. | 12 | | (n) Defense budgets and petitions for certification of | 13 | | compensation and expenses for court appointed trial | 14 | | counsel as provided under Sections 10 and 15 of the | 15 | | Capital Crimes Litigation Act (repealed) . This subsection | 16 | | (n) shall apply until the conclusion of the trial of the | 17 | | case, even if the prosecution chooses not to pursue the | 18 | | death penalty prior to trial or sentencing. | 19 | | (o) Information that is prohibited from being | 20 | | disclosed under Section 4 of the Illinois Health and | 21 | | Hazardous Substances Registry Act. | 22 | | (p) Security portions of system safety program plans, | 23 | | investigation reports, surveys, schedules, lists, data, or | 24 | | information compiled, collected, or prepared by or for the | 25 | | Department of Transportation under Sections 2705-300 and | 26 | | 2705-616 of the Department of Transportation Law of the |
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| 1 | | Civil Administrative Code of Illinois, the Regional | 2 | | Transportation Authority under Section 2.11 of the | 3 | | Regional Transportation Authority Act, or the St. Clair | 4 | | County Transit District under the Bi-State Transit Safety | 5 | | Act (repealed) . | 6 | | (q) Information prohibited from being disclosed by the | 7 | | Personnel Record Review Act. | 8 | | (r) Information prohibited from being disclosed by the | 9 | | Illinois School Student Records Act. | 10 | | (s) Information the disclosure of which is restricted | 11 | | under Section 5-108 of the Public Utilities Act. | 12 | | (t) (Blank). | 13 | | (u) Records and information provided to an independent | 14 | | team of experts under the Developmental Disability and | 15 | | Mental Health Safety Act (also known as Brian's Law). | 16 | | (v) Names and information of people who have applied | 17 | | for or received Firearm Owner's Identification Cards under | 18 | | the Firearm Owners Identification Card Act or applied for | 19 | | or received a concealed carry license under the Firearm | 20 | | Concealed Carry Act, unless otherwise authorized by the | 21 | | Firearm Concealed Carry Act; and databases under the | 22 | | Firearm Concealed Carry Act, records of the Concealed | 23 | | Carry Licensing Review Board under the Firearm Concealed | 24 | | Carry Act, and law enforcement agency objections under the | 25 | | Firearm Concealed Carry Act. | 26 | | (v-5) Records of the Firearm Owner's Identification |
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| 1 | | Card Review Board that are exempted from disclosure under | 2 | | Section 10 of the Firearm Owners Identification Card Act. | 3 | | (w) Personally identifiable information which is | 4 | | exempted from disclosure under subsection (g) of Section | 5 | | 19.1 of the Toll Highway Act. | 6 | | (x) Information which is exempted from disclosure | 7 | | under Section 5-1014.3 of the Counties Code or Section | 8 | | 8-11-21 of the Illinois Municipal Code. | 9 | | (y) Confidential information under the Adult | 10 | | Protective Services Act and its predecessor enabling | 11 | | statute, the Elder Abuse and Neglect Act, including | 12 | | information about the identity and administrative finding | 13 | | against any caregiver of a verified and substantiated | 14 | | decision of abuse, neglect, or financial exploitation of | 15 | | an eligible adult maintained in the Registry established | 16 | | under Section 7.5 of the Adult Protective Services Act. | 17 | | (z) Records and information provided to a fatality | 18 | | review team or the Illinois Fatality Review Team Advisory | 19 | | Council under Section 15 of the Adult Protective Services | 20 | | Act. | 21 | | (aa) Information which is exempted from disclosure | 22 | | under Section 2.37 of the Wildlife Code. | 23 | | (bb) Information which is or was prohibited from | 24 | | disclosure by the Juvenile Court Act of 1987. | 25 | | (cc) Recordings made under the Law Enforcement | 26 | | Officer-Worn Body Camera Act, except to the extent |
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| 1 | | authorized under that Act. | 2 | | (dd) Information that is prohibited from being | 3 | | disclosed under Section 45 of the Condominium and Common | 4 | | Interest Community Ombudsperson Act. | 5 | | (ee) Information that is exempted from disclosure | 6 | | under Section 30.1 of the Pharmacy Practice Act. | 7 | | (ff) Information that is exempted from disclosure | 8 | | under the Revised Uniform Unclaimed Property Act. | 9 | | (gg) Information that is prohibited from being | 10 | | disclosed under Section 7-603.5 of the Illinois Vehicle | 11 | | Code. | 12 | | (hh) Records that are exempt from disclosure under | 13 | | Section 1A-16.7 of the Election Code. | 14 | | (ii) Information which is exempted from disclosure | 15 | | under Section 2505-800 of the Department of Revenue Law of | 16 | | the Civil Administrative Code of Illinois. | 17 | | (jj) Information and reports that are required to be | 18 | | submitted to the Department of Labor by registering day | 19 | | and temporary labor service agencies but are exempt from | 20 | | disclosure under subsection (a-1) of Section 45 of the Day | 21 | | and Temporary Labor Services Act. | 22 | | (kk) Information prohibited from disclosure under the | 23 | | Seizure and Forfeiture Reporting Act. | 24 | | (ll) Information the disclosure of which is restricted | 25 | | and exempted under Section 5-30.8 of the Illinois Public | 26 | | Aid Code. |
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| 1 | | (mm) Records that are exempt from disclosure under | 2 | | Section 4.2 of the Crime Victims Compensation Act. | 3 | | (nn) Information that is exempt from disclosure under | 4 | | Section 70 of the Higher Education Student Assistance Act. | 5 | | (oo) Communications, notes, records, and reports | 6 | | arising out of a peer support counseling session | 7 | | prohibited from disclosure under the First Responders | 8 | | Suicide Prevention Act. | 9 | | (pp) Names and all identifying information relating to | 10 | | an employee of an emergency services provider or law | 11 | | enforcement agency under the First Responders Suicide | 12 | | Prevention Act. | 13 | | (qq) Information and records held by the Department of | 14 | | Public Health and its authorized representatives collected | 15 | | under the Reproductive Health Act. | 16 | | (rr) Information that is exempt from disclosure under | 17 | | the Cannabis Regulation and Tax Act. | 18 | | (ss) Data reported by an employer to the Department of | 19 | | Human Rights pursuant to Section 2-108 of the Illinois | 20 | | Human Rights Act. | 21 | | (tt) Recordings made under the Children's Advocacy | 22 | | Center Act, except to the extent authorized under that | 23 | | Act. | 24 | | (uu) Information that is exempt from disclosure under | 25 | | Section 50 of the Sexual Assault Evidence Submission Act. | 26 | | (vv) Information that is exempt from disclosure under |
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| 1 | | subsections (f) and (j) of Section 5-36 of the Illinois | 2 | | Public Aid Code. | 3 | | (ww) Information that is exempt from disclosure under | 4 | | Section 16.8 of the State Treasurer Act. | 5 | | (xx) Information that is exempt from disclosure or | 6 | | information that shall not be made public under the | 7 | | Illinois Insurance Code. | 8 | | (yy) Information prohibited from being disclosed under | 9 | | the Illinois Educational Labor Relations Act. | 10 | | (zz) Information prohibited from being disclosed under | 11 | | the Illinois Public Labor Relations Act. | 12 | | (aaa) Information prohibited from being disclosed | 13 | | under Section 1-167 of the Illinois Pension Code. | 14 | | (bbb) Information that is prohibited from disclosure | 15 | | by the Illinois Police Training Act and the Illinois State | 16 | | Police Act. | 17 | | (ccc) Records exempt from disclosure under Section | 18 | | 2605-304 of the Illinois State Police Law of the Civil | 19 | | Administrative Code of Illinois. | 20 | | (ddd) Information prohibited from being disclosed | 21 | | under Section 35 of the Address Confidentiality for | 22 | | Victims of Domestic Violence, Sexual Assault, Human | 23 | | Trafficking, or Stalking Act. | 24 | | (eee) Information prohibited from being disclosed | 25 | | under subsection (b) of Section 75 of the Domestic | 26 | | Violence Fatality Review Act. |
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| 1 | | (fff) Images from cameras under the Expressway Camera | 2 | | Act. This subsection (fff) is inoperative on and after | 3 | | July 1, 2025. | 4 | | (ggg) Information prohibited from disclosure under | 5 | | paragraph (3) of subsection (a) of Section 14 of the Nurse | 6 | | Agency Licensing Act. | 7 | | (hhh) Information submitted to the Illinois State | 8 | | Police in an affidavit or application for an assault | 9 | | weapon endorsement, assault weapon attachment endorsement, | 10 | | .50 caliber rifle endorsement, or .50 caliber cartridge | 11 | | endorsement under the Firearm Owners Identification Card | 12 | | Act. | 13 | | (iii) Data exempt from disclosure under Section 50 of | 14 | | the School Safety Drill Act. | 15 | | (jjj) (hhh) Information exempt from disclosure under | 16 | | Section 30 of the Insurance Data Security Law. | 17 | | (kkk) (iii) Confidential business information | 18 | | prohibited from disclosure under Section 45 of the Paint | 19 | | Stewardship Act. | 20 | | (lll) (iii) Data exempt from disclosure under Section | 21 | | 2-3.196 of the School Code. | 22 | | (mmm) (iii) Information prohibited from being | 23 | | disclosed under subsection (e) of Section 1-129 of the | 24 | | Illinois Power Agency Act. | 25 | | (nnn) Information exempt from disclosure under Section | 26 | | 40 of the Student-Athlete Endorsement Rights Act. |
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| 1 | | (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; | 2 | | 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. | 3 | | 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; | 4 | | 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. | 5 | | 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, | 6 | | eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; | 7 | | 103-580, eff. 12-8-23; revised 1-2-24.) | 8 | | Section 10. The Student-Athlete Endorsement Rights Act is | 9 | | amended by changing Sections 5, 10, 15, and 20 and by adding | 10 | | Sections 40 and 45 as follows: | 11 | | (110 ILCS 190/5) | 12 | | Sec. 5. Definitions. In this Act: | 13 | | "Booster" means a person or entity that has made, within | 14 | | the past 5 years, a financial contribution in an amount | 15 | | greater than $1,000 to a postsecondary educational | 16 | | institution's athletics department or an athletics booster | 17 | | organization of that institution. The purchase of season or | 18 | | single game tickets to any athletics event is not a financial | 19 | | contribution for purposes of determining whether an individual | 20 | | or entity is a booster. | 21 | | "Compensation" means anything of value, monetary or | 22 | | otherwise, including, but not limited to, cash, gifts, in-kind | 23 | | items of value, social media compensation, payments for | 24 | | licensing or use of publicity rights, payments for other |
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| 1 | | intellectual or intangible property rights under federal or | 2 | | State law, and any other form of payment or remuneration, | 3 | | except as excluded under this Act. "Compensation" shall not | 4 | | include: | 5 | | (1) tuition, room, board, books, fees, and personal | 6 | | expenses that a postsecondary educational institution | 7 | | provides to a student-athlete in accordance with the rules | 8 | | of the athletic association or conference of which the | 9 | | postsecondary educational institution is a member; | 10 | | (2) Federal Pell Grants and other State and federal | 11 | | grants or scholarships unrelated to, and not awarded | 12 | | because of a student-athlete's participation in | 13 | | intercollegiate athletics or sports competition; | 14 | | (3) any other financial aid, benefits, or awards that | 15 | | a postsecondary educational institution provides to a | 16 | | student-athlete in accordance with the rules of the | 17 | | athletic association or conference of which the | 18 | | postsecondary educational institution is a member; or | 19 | | (4) the payment of wages and benefits to a | 20 | | student-athlete for work actually performed (but not for | 21 | | athletic ability or participation in intercollegiate | 22 | | athletics) at a rate commensurate with the prevailing rate | 23 | | for similar work in the locality of the student-athlete's | 24 | | postsecondary educational institution. | 25 | | "Enrolled" means registered for courses or attending | 26 | | athletic practice or class at a postsecondary educational |
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| 1 | | institution. | 2 | | "Image" means any visual depiction, including, but not | 3 | | limited to, photograph, digital image, rendering, and video. | 4 | | "Intercollegiate athletics program" means an | 5 | | intercollegiate athletics program played at the collegiate | 6 | | level for which eligibility requirements for participation by | 7 | | a student-athlete are established by a national association | 8 | | for the promotion or regulation of collegiate athletics. | 9 | | "Likeness" means a physical, digital, rendering, or other | 10 | | depiction or representation of a student-athlete, including a | 11 | | student-athlete's uniform number or signature, that reasonably | 12 | | identifies the student-athlete with particularity and is not | 13 | | reasonably considered to be a generic representation of a | 14 | | member of an intercollegiate athletics program. | 15 | | "Name" means the first or last name or the nickname of a | 16 | | student-athlete when used in a context that reasonably | 17 | | identifies the student-athlete with particularity. | 18 | | "Name, image, and likeness agreement" or "publicity rights | 19 | | agreement" means a contract or other written or oral | 20 | | arrangement between a student-athlete and a third party | 21 | | licensee regarding the use of the name, image, likeness, or | 22 | | voice of the student-athlete. | 23 | | "Publicity right" means any right that (i) is licensed | 24 | | under a publicity rights agreement or (ii) is recognized under | 25 | | a federal or State law that permits an individual to control | 26 | | and benefit from the commercial use of the name, image, |
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| 1 | | likeness, or voice of the individual. | 2 | | "Postsecondary educational institution" means a public | 3 | | university or community college or private university or | 4 | | college. | 5 | | "Social media compensation" means all forms of payment for | 6 | | engagement on social media received by a student-athlete as a | 7 | | result of the use of that student-athlete's name, image, | 8 | | likeness, or voice. | 9 | | "Student-athlete" means a student currently enrolled at a | 10 | | postsecondary educational institution who engages in, is | 11 | | eligible to engage in, or may be eligible in the future to | 12 | | engage in, an intercollegiate athletics program at a | 13 | | postsecondary educational institution. If an individual is | 14 | | permanently ineligible to participate in a particular | 15 | | intercollegiate sport, the individual is not a student-athlete | 16 | | for purposes of that sport. | 17 | | "Third party licensee" means any individual or entity that | 18 | | licenses publicity rights or the use of name, image, likeness, | 19 | | or voice from any prospective or current student-athlete or | 20 | | group of student-athletes. "Third party licensee" shall not | 21 | | include any national association for the promotion or | 22 | | regulation of collegiate athletics, athletics conference, or | 23 | | postsecondary educational institution. | 24 | | (Source: P.A. 102-42, eff. 7-1-21; 102-892, eff. 5-20-22.) | 25 | | (110 ILCS 190/10) |
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| 1 | | Sec. 10. Compensation. Except as provided in Section 15: | 2 | | (1) A student-athlete may earn compensation, | 3 | | commensurate with market value, for the use of the name, | 4 | | image, likeness, or voice of the student-athlete while | 5 | | enrolled at a postsecondary educational institution and | 6 | | obtain and retain an agent for any matter or activity | 7 | | relating to such compensation. | 8 | | (2) A student-athlete may not earn compensation under | 9 | | this Act in exchange for the student-athlete's athletic | 10 | | ability or participation in intercollegiate athletics or | 11 | | sports competition or agreement or willingness to attend a | 12 | | postsecondary educational institution . | 13 | | (3) (Blank). Notwithstanding any other provision of | 14 | | law or agreement to the contrary, a student-athlete shall | 15 | | not be deemed an employee, agent, or independent | 16 | | contractor of an association, a conference, or a | 17 | | postsecondary educational institution based on the | 18 | | student-athlete's participation in an intercollegiate | 19 | | athletics program. | 20 | | (4) This Act may not be interpreted to consider a | 21 | | student-athlete as an employee, agent, or independent | 22 | | contractor of an association, a conference, or a | 23 | | postsecondary educational institution. | 24 | | (Source: P.A. 102-42, eff. 7-1-21; 102-892, eff. 5-20-22.) | 25 | | (110 ILCS 190/15) |
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| 1 | | Sec. 15. Postsecondary educational institutions; | 2 | | limitations; prohibitions. | 3 | | (a) Except as provided in this Act, a postsecondary | 4 | | educational institution shall not uphold any contract, rule, | 5 | | regulation, standard, or other requirement that prevents a | 6 | | student-athlete of that institution from earning compensation | 7 | | as a result of the use of the student-athlete's name, image, | 8 | | likeness, or voice. Any such contract, rule, regulation, | 9 | | standard, or other requirement shall be void and unenforceable | 10 | | against the postsecondary educational institution or the | 11 | | student-athlete. Compensation from the use of a | 12 | | student-athlete's name, image, likeness, or voice may not | 13 | | affect the student-athlete's scholarship eligibility, | 14 | | grant-in-aid, or other financial aid, awards or benefits, or | 15 | | the student-athlete's intercollegiate athletic eligibility. | 16 | | Nothing in this Act is intended to alter any State or federal | 17 | | laws, rules, or regulations regarding the award of financial | 18 | | aid at postsecondary educational institutions. | 19 | | (b) Except as provided in this Act, an athletic | 20 | | association, conference, or other group or organization with | 21 | | authority over intercollegiate athletic programs, including, | 22 | | but not limited to, the National Collegiate Athletic | 23 | | Association, the National Association of Intercollegiate | 24 | | Athletics, and the National Junior College Athletic | 25 | | Association, shall not prevent, or otherwise enforce a | 26 | | contract, rule, regulation, standard, or other requirement |
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| 1 | | that prevents a student-athlete at a postsecondary educational | 2 | | institution from earning compensation as a result of the use | 3 | | of the student-athlete's name, image, likeness, or voice. | 4 | | (c) To protect the integrity of its educational mission | 5 | | and intercollegiate athletics program, a postsecondary | 6 | | educational institution may impose reasonable limitations on | 7 | | the dates and time that a student-athlete may participate in | 8 | | endorsement, promotional, social media, or other activities | 9 | | related to the license or use of the student-athlete's name, | 10 | | image, likeness, or voice. Nothing in this Act shall restrict | 11 | | a postsecondary educational institution from exercising its | 12 | | sole discretion to control the authorized use of its marks or | 13 | | logos or to determine a student-athlete's apparel, gear, or | 14 | | other wearables during an intercollegiate athletics | 15 | | competition or institution-sponsored event. A student-athlete | 16 | | may not receive or enter into a contract for compensation for | 17 | | the use of the student-athlete's name, image, likeness, or | 18 | | voice in a way that also uses any registered or licensed marks, | 19 | | logos, verbiage, name, or designs of a postsecondary | 20 | | educational institution, unless the postsecondary educational | 21 | | institution has provided the student-athlete with written | 22 | | permission to do so prior to execution of the contract or | 23 | | receipt of compensation. If permission is granted to the | 24 | | student-athlete, the postsecondary educational institution, by | 25 | | an agreement of all of the parties, may be compensated for the | 26 | | use in a manner consistent with market rates. A postsecondary |
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| 1 | | educational institution may also prohibit a student-athlete | 2 | | from wearing any item of clothing, shoes, or other gear or | 3 | | wearables with the name, logo, or insignia of any entity | 4 | | during an intercollegiate athletics competition or | 5 | | institution-sponsored event. | 6 | | (d) An athletic association, conference, or other group or | 7 | | organization with authority over intercollegiate athletics | 8 | | programs, including, but not limited to, the National | 9 | | Collegiate Athletic Association, the National Association of | 10 | | Intercollegiate Athletics, and the National Junior College | 11 | | Athletic Association, shall not enforce a contract, rule, | 12 | | regulation, standard, or other requirement that prevents a | 13 | | postsecondary educational institution from participating in an | 14 | | intercollegiate athletics program as a result of the | 15 | | compensation of a student-athlete for the use of the | 16 | | student-athlete's name, image, likeness, or voice. | 17 | | (e) If allowed by a court order, a settlement agreement, | 18 | | an athletic association, conference, or other group or | 19 | | organization with authority over intercollegiate athletics | 20 | | programs, or a policy of a postsecondary educational | 21 | | institution, the A postsecondary educational institution, | 22 | | athletic association, conference, or other group or | 23 | | organization with authority over intercollegiate athletics | 24 | | programs, including, but not limited to, the National | 25 | | Collegiate Athletic Association, the National Association of | 26 | | Intercollegiate Athletics, and the National Junior College |
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| 1 | | Athletic Association, may shall not directly or indirectly: | 2 | | (1) enter into, or offer to enter into, a publicity | 3 | | rights agreement with a prospective or current | 4 | | student-athlete; or | 5 | | (2) provide a prospective or current student-athlete | 6 | | or the student-athlete's family compensation in relation | 7 | | to the use of the student-athlete's name, image, likeness, | 8 | | or voice. | 9 | | (f) A postsecondary educational institution, athletic | 10 | | association, conference, or other group or organization with | 11 | | authority over intercollegiate athletics programs, including, | 12 | | but not limited to, the National Collegiate Athletic | 13 | | Association, the National Association of Intercollegiate | 14 | | Athletics, and the National Junior College Athletic | 15 | | Association, shall not prevent a student-athlete from | 16 | | obtaining professional representation for purposes of this Act | 17 | | in relation to name, image, likeness, or voice, or to secure a | 18 | | publicity rights agreement, including, but not limited to, | 19 | | representation provided by athlete agents or legal | 20 | | representation provided by attorneys. A student-athlete shall | 21 | | provide the postsecondary educational institution with written | 22 | | notice and a copy of the agreement in the manner and at a time | 23 | | prescribed by the institution. | 24 | | (Source: P.A. 102-42, eff. 7-1-21; 102-892, eff. 5-20-22.) | 25 | | (110 ILCS 190/20) |
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| 1 | | Sec. 20. Agents; publicity rights; third party licensees. | 2 | | (a) An agent, legal representative, or other professional | 3 | | service provider offering services to a student-athlete shall, | 4 | | to the extent required, comply with the federal Sports Agent | 5 | | Responsibility and Trust Act and any other applicable laws, | 6 | | rules, or regulations. | 7 | | (b) A grant-in-aid, including cost of attendance, and | 8 | | other permissible financial aid, awards, or benefits from the | 9 | | postsecondary educational institution in which a | 10 | | student-athlete is enrolled shall not be revoked, reduced, nor | 11 | | the terms and conditions altered, as a result of a | 12 | | student-athlete earning compensation or obtaining professional | 13 | | or legal representation pursuant to this Act. | 14 | | (c) A student-athlete shall disclose to the postsecondary | 15 | | educational institution in which the student is enrolled, in a | 16 | | manner and time prescribed by the institution, the existence | 17 | | and substance of all publicity rights agreements. Publicity | 18 | | rights agreements that contemplate cash or other compensation | 19 | | to the student-athlete that is equal to or in excess of a value | 20 | | of $500 shall be formalized into a written contract, and the | 21 | | contract shall be provided to the postsecondary educational | 22 | | institution in the manner and at a time prescribed by the | 23 | | institution. | 24 | | (d) A student-athlete may not enter into a publicity | 25 | | rights agreement or otherwise receive compensation for that | 26 | | student-athlete's name, image, likeness, or voice for services |
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| 1 | | rendered or performed while that student-athlete is | 2 | | participating in activities sanctioned by that | 3 | | student-athlete's postsecondary educational institution if | 4 | | such services or performance by the student-athlete would | 5 | | conflict with a provision in a contract, rule, regulation, | 6 | | standard, or other requirement of the postsecondary | 7 | | educational institution. | 8 | | (e) (Blank). No booster, third party licensee, or any | 9 | | other individual or entity, shall provide or directly or | 10 | | indirectly arrange for a third party to provide compensation | 11 | | to a prospective or current student-athlete or enter into, or | 12 | | directly or indirectly arrange for a third party to enter | 13 | | into, a publicity rights agreement as an inducement for the | 14 | | student-athlete to attend or enroll in a specific institution | 15 | | or group of institutions. Compensation for a student-athlete's | 16 | | name, image, likeness, or voice shall not be conditioned on | 17 | | athletic performance at a particular postsecondary educational | 18 | | institution. | 19 | | (f) A postsecondary educational institution may fund an | 20 | | independent, third-party administrator to support education, | 21 | | monitoring, disclosures, and reporting concerning name, image, | 22 | | likeness, or voice activities by student-athletes authorized | 23 | | pursuant to this Act. A third-party administrator cannot be a | 24 | | registered athlete agent. | 25 | | (g) A No postsecondary educational institution may shall | 26 | | provide compensation to a prospective or current |
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| 1 | | student-athlete or enter into a publicity rights agreement | 2 | | with a prospective or current student-athlete. Nothing in this | 3 | | Act shall require a postsecondary educational institution to | 4 | | directly or indirectly identify, create, facilitate, arrange, | 5 | | negotiate, or otherwise enable opportunities for a prospective | 6 | | or current student-athlete to enter into a publicity rights | 7 | | agreement with a third party. | 8 | | (h) (Blank). No student-athlete shall enter into a | 9 | | publicity rights agreement or receive compensation from a | 10 | | third party licensee relating to the name, image, likeness, or | 11 | | voice of the student-athlete before the date on which the | 12 | | student-athlete enrolls at a postsecondary educational | 13 | | institution. | 14 | | (i) No student-athlete shall enter into a publicity rights | 15 | | agreement or receive compensation from a third party licensee | 16 | | for the endorsement or promotion of gambling, sports betting, | 17 | | controlled substances, cannabis, a tobacco or alcohol company, | 18 | | brand, or products, alternative or electronic nicotine product | 19 | | or delivery system, performance-enhancing supplements, adult | 20 | | entertainment, or any other product or service that is | 21 | | reasonably considered to be inconsistent with the values or | 22 | | mission of a postsecondary educational institution or that | 23 | | negatively impacts or reflects adversely on a postsecondary | 24 | | educational institution or its athletic programs, including, | 25 | | but not limited to, bringing about public disrepute, | 26 | | embarrassment, scandal, ridicule, or otherwise negatively |
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| 1 | | impacting the reputation or the moral or ethical standards of | 2 | | the postsecondary educational institution. | 3 | | (Source: P.A. 102-42, eff. 7-1-21; 102-687, eff. 12-17-21; | 4 | | 102-892, eff. 5-20-22.) | 5 | | (110 ILCS 190/40 new) | 6 | | Sec. 40. Disclosure exemption. Information written, | 7 | | produced, collected, assembled, or otherwise maintained by a | 8 | | postsecondary educational institution that includes, reveals, | 9 | | or otherwise relates to the terms of an existing or proposed | 10 | | student-athlete publicity rights agreement is exempt from | 11 | | disclosure under the Freedom of Information Act. | 12 | | (110 ILCS 190/45 new) | 13 | | Sec. 45. Additional benefits. A postsecondary educational | 14 | | institution may provide intangible benefits, including | 15 | | priority status or other items of de minimis or nonmonetary | 16 | | value, as an incentive to individuals, companies, or other | 17 | | third parties that provide money, benefits, opportunities, or | 18 | | other services to an outside entity functioning primarily to | 19 | | support the creation and facilitation of publicity rights | 20 | | agreements for student-athletes. | 21 | | Section 95. No acceleration or delay. Where this Act makes | 22 | | changes in a statute that is represented in this Act by text | 23 | | that is not yet or no longer in effect (for example, a Section |
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| 1 | | represented by multiple versions), the use of that text does | 2 | | not accelerate or delay the taking effect of (i) the changes | 3 | | made by this Act or (ii) provisions derived from any other | 4 | | Public Act. |
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