Illinois General Assembly - Full Text of HB4758
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Full Text of HB4758  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 1/27/2022, by Rep. Rita Mayfield


New Act
5 ILCS 140/7.5

    Creates the Illinois Broadband Deployment, Equity, Access, and Affordability Act of 2022. Provides that access to affordable, reliable, high-speed broadband service is essential to full participation in modern life in the State and throughout the United States. Defines terms. Provides that the Department of Commerce and Economic Opportunity shall establish and implement a statewide broadband service grant program. Provides that the Department shall use money from the grant program only for the exclusive purpose of awarding grants to applicants for projects that are limited to the construction and deployment of broadband service into unserved areas in the State and for the Department's cost to administer the program. Provides that the Department shall not award grant money to a governmental entity or educational institution. Provides that the Department shall not, as a condition of an award of grant money, impose an open network architecture requirement, rate regulation, or other term or condition of service that differs from the applicant's terms or conditions of service in its other service areas. Includes provisions providing for the criteria for determining the award of funds, the information an applicant must provide for an application for a grant, the priority by which the Department shall follow in granting awards, and when the Department shall not award a grant to an applicant. Provides that when a grant is awarded, the Department shall provide notice on its website of each application receiving a grant. Provides that the Department shall require an applicant awarded a grant to submit a semi-annual report from the time the applicant receives the grant to 3 years after completion of the project. Makes a conforming change in the Freedom of Information Act. Effective immediately.

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HB4758LRB102 25506 AMQ 34794 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Illinois Broadband Deployment, Equity, Access, and
6Affordability Act of 2022.
7    Section 5. Findings. The General Assembly finds:
8        (1) that access to affordable, reliable, high-speed
9    broadband service is essential to full participation in
10    modern life in the State and throughout the United States;
11        (2) that the persistent "digital divide" in the State
12    and in the United States is a barrier to the economic
13    competitiveness in the economic distribution of essential
14    public services, including health care and education;
15        (3) that the digital divide disproportionately affects
16    communities of color, lower-income areas, and rural areas,
17    and the benefits of broadband should be broadly enjoyed by
18    all;
19        (4) that on November 15, 2021, the Infrastructure,
20    Investment and Jobs Act was signed into law by President
21    Biden which provides for historic levels of investment in
22    the nation's infrastructure, including $65,000,000,000 to
23    construct and upgrade networks used to provide high-speed



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1    internet access, as well as making permanent a program
2    that reduces the cost to low-income consumers purchasing
3    these services;
4        (5) that federal funding from the Infrastructure
5    Investment and Jobs Act for the construction and
6    deployment of broadband infrastructure will primarily be
7    disbursed in the form of one-time grants to states,
8    territories, tribal organizations, and other governmental
9    entities, in some instances for those entities to further
10    distribute the funding to private industry through a
11    subgrant process; and
12        (6) that in addition to the network and affordability
13    funding provisions, the Infrastructure Investment and Jobs
14    Act also establishes 2 grant programs to promote digital
15    equity, which will provide up to $1,500,000,000 to states
16    and territories, and entities such as nonprofit
17    foundations and anchor institutions, to implement programs
18    that promote digital equity and increase broadband
19    adoption.
20    Section 10. Purpose. The purpose of this Act is to enact
21all necessary legal requirements, to adopt all required
22policies, and to establish the exclusive processes that the
23State will use to distribute and grant funds the State
24receives pursuant to the federal Infrastructure Investment and
25Jobs Act.



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1    Section 15. Definitions. As used in this Act:
2    "Applicant" means a provider that submits an applicant for
3a grant after collaborating with the community in the unserved
5    "Broadband service" means a retail service, not including
6a satellite service, capable of delivering high-speed internet
7access at speeds of at least 100 megabits per second
8downstream and 20 megabits per second upstream.
9    "Department" means the Department of Commerce and Economic
11    "Deployed" means that a provider meets either of the
13        (1) currently provides broadband service of at least
14    100 megabits per second download and 20 megabits per
15    second upload in the specific geographic area of the
16    proposed project of the applicant; or
17        (2) is able to provide broadband service of at least
18    100 megabits per second download and 20 megabits per
19    second upload in a specific geographic area of the
20    proposed project of the applicant to a customer that
21    requests that service not later than 30 days after the
22    customer requests installation of that service and without
23    an extraordinary commitment of resources or construction
24    charges or fees exceeding an ordinary service activation
25    fee. The 30-day period is extended to 60 days if permits



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1    are needed before the broadband service is activated.
2    "Provider" means any of the following:
3        (1) an entity that is a holder under the Cable and
4    Video Competition Law of 2007;
5        (2) an entity providing cable services or video
6    services in a particular area under a franchise agreement
7    with a unit of local government pursuant to Section
8    11-42-11 of the Illinois Municipal Code or Section 5-1095
9    of the Counties Code; or
10        (3) an entity currently providing broadband service in
11    this State on a commercial basis to its subscribers.
12    "Person" includes an individual, community organization,
13cooperative association, corporation, federally recognized
14Indian tribe, limited liability company, nonprofit
15corporation, partnership, or political subdivision of this
17    "Unserved area" means an area lacking access to broadband
18service from at least one internet service provider according
19to the map provided by the Federal Communications Commission
20pursuant to 47 USC 641, the Broadband Deployment Accuracy and
21Technological Availability Act.
22    Section 20. Establishment of the statewide broadband
23service grant program. The Department shall establish and
24implement a statewide broadband service grant program. The
25program shall consist of all money designated, accepted, or



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1appropriated by the State for broadband deployment, all money
2received from the federal government awarded to or allocated
3by the State for broadband deployment, and donations, gifts,
4and money received from any other source, including transfers
5from other funds or accounts.
6    Section 25. Grants exclusive to unserved areas.
7    (a) The Department shall use money from the grant program
8only for the exclusive purpose of awarding grants to
9applicants for projects that are limited to the construction
10and deployment of broadband service into unserved areas in the
11State and for the Department's costs to administer the
13    (b) The Department shall not, directly or indirectly,
14award grant money to a governmental entity or educational
15institution or affiliate to own, purchase, construct, operate,
16or maintain a communications network, or to provide service to
17any residential or commercial premises.
18    (c) The Department shall not, as a condition of an award of
19grant money, impose an open network architecture requirement,
20rate regulation, or other term or condition of service that
21differs from the applicant's terms or conditions of service in
22its other service areas.
23    (d) An applicant shall not receive a grant for the same
24project or geographic area for which the applicant has
25obtained federal, State, or local government funding awarded



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1specifically to support the expansion of broadband networks.
2The Department shall not award more than $10,000,000 to any
3one project or to any one applicant. The Department shall
4award initial grant money within 270 days after the money is
5made available under this program.
6    Section 30. Competitive grant process.
7    (a) An award of funds must be issued by a competitive grant
8process. The grant process must be technology neutral and
9result in awards to applicants proposing projects based on
10objective and efficient procedures. The criteria for
11determining the award of funds must include the following:
12        (1) the applicant's experience and financial
13    wherewithal;
14        (2) the readiness to build, operate, and maintain the
15    project;
16        (3) the long-term viability of the project;
17        (4) the scalability of the network;
18        (5) the applicant's ability to leverage broadband for
19    community and economic development; and
20        (6) the applicant's ability to provide discounted
21    broadband service throughout the unserved area to
22    low-income households.
23    (b) Priority must be given to projects that:
24        (1) demonstrate collaboration to achieve community
25    investment and economic development goals of the area



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1    impacted;
2        (2) are able to demonstrate that they have the
3    managerial, financial, and technical ability to build,
4    operate, and manage a broadband network; and
5        (3) demonstrate that the project, to the greatest
6    extent possible, hire women-owned, minority-owned, and
7    veteran-owned businesses in the construction and
8    completion of the project.
9    (c) Within 30 days after receiving an appropriation or
10federal funding to implement this Act, the Department shall
11establish and publish on the Department's website the criteria
12for competitively scoring applications. Within 60 days after
13the Department publishes the criteria, an applicant shall
14submit an application for funding of the proposed project.
15    Section 35. Application for a grant.
16    (a) An applicant for a grant under this Act shall provide
17the following information on the application:
18        (1) the location of the project in the unserved area
19    described by either the specific street addresses to be
20    served or a shapefile as that term is defined in 47 USC
21    641;
22        (2) the kind and amount of broadband infrastructure to
23    be purchased for the project;
24        (3) evidence regarding the unserved nature of the
25    community in which the project is to be located;



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1        (4) the number of households that will have access to
2    broadband service as a result of the project, or whose
3    internet access service will be upgraded to broadband
4    service as a result of the project;
5        (5) the significant community institutions that will
6    benefit from the proposed project;
7        (6) evidence of community support for the project with
8    a narrative on the impact that the investment will have on
9    community and economic development efforts in the area;
10        (7) the total cost of the project and a detailed
11    budget and schedule for the project;
12        (8) all sources of funding or in-kind contributions
13    for the project in addition to any grant award; and
14        (9) the Internet service provider's experience and
15    financial wherewithal.
16    (b) The applicant's trade secrets, financial information,
17and proprietary information submitted under this Act as part
18of an applicant are exempt from disclosure under the Freedom
19of Information Act.
20    (c) After scoring and considering all grant applications,
21the Department shall make grant award recommendations. The
22Department shall give priority in making grant award
23recommendations to applicants that demonstrate one or more of
24the following:
25        (1) collaboration to achieve community investment and
26    economic development goals of an impacted area;



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1        (2) the applicant has the managerial, financial, and
2    technical ability to build, operate, and manage a
3    broadband network;
4        (3) the likelihood that the unserved area will not be
5    served without State grant funding;
6        (4) the project will serve a larger unserved area or a
7    greater number of locations within an unserved area than
8    other proposed applications; and
9        (5) the ability of the applicant to commit to
10    providing at least 20% of the cost to deploy the project
11    set forth in the applicant. This commitment must consist
12    of actual capital contribution and is exclusive of in-kind
13    contributions or sunk costs.
14    (d) Within 30 days after the award recommendations have
15been made, the Department shall publish on its website the
16grant applications, redacted and consistent with the Freedom
17of Information Act, the proposed geographic broadband service
18area, and the proposed broadband service speeds for each
19application that receives an award recommendation.
20    (e) Before granting an award to an applicant, the
21Department shall establish a period of at least 60 days after
22the date the award recommendations are published on the
23Department's website, during which time the Department shall
24accept comments or objections concerning each application. The
25Department shall consider all comments or objections received,
26and investigate them as needed, in deciding whether an



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1applicant is eligible for a grant. If an objection submitted
2by a provider contains information that requires an
3investigation and the objection is found to be inaccurate, the
4provider shall reimburse the Department for the cost of
5verifying the information.
6    (f) The Department shall not award a grant to an applicant
7if information made available to the Department through
8comments or objections received under Section 8 of this
9Chapter or otherwise indicate any of the following:
10        (1) the proposed project includes an area where at
11    least one provider has deployed broadband service;
12        (2) the Department receives a sworn statement from an
13    officer of an Internet service provider that the proposed
14    project includes an area where construction of a network
15    to provide broadband service is underway, and the
16    construction is scheduled to be completed within one year
17    after the date of the application; or
18        (3) the Department receives a sworn statement from an
19    officer of an Internet service provider that the proposed
20    project includes:
21            (A) a specific geographical area where an Internet
22        service provider has been selected to receive,
23        provisionally or otherwise, funding from the Federal
24        Communications Commission or the United States
25        Department of Agriculture specifically for the
26        expansion of broadband services. This subparagraph



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1        does not apply to an area once either of the following
2        has occurred:
3                (i) the Internet service provider does not
4            complete the requirements for obtaining the
5            funding described in this subparagraph; or
6                (ii) the time period for the Internet service
7            provider to meet its obligation described in this
8            subparagraph has expired and the area remains
9            unserved; or
10            (B) an area where the construction of a network to
11        provide broadband service is to be completed no later
12        than 2 years after the date of an application.
13    (g) The Department's decision to award or deny a grant
14application pursuant to this Act is a final administrative
15decision subject to the Administrative Review Law.
16    (h) Any entity or individual affiliated with an entity
17that has provided consulting services to or partnered with any
18State executive branch agency or department to conduct
19workshops in relation to the State's policies or programs
20impacting broadband service deployment, access, and
21infrastructure, regardless of whether the consulting services
22were provided to the State for compensation, is, for a period
23of 2 years after the conclusion of any engagement, prohibited
24from accepting employed or receiving compensation from any
25grantee, and is prohibited from accepting or benefiting from
26any grant funds awarded by the State pursuant to this Act. For



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1the purposes of this Act, "consulting services" do not include
2advice, consultation, or participation to or with the State on
3grant applications to the federal government. Acknowledgment
4of and compliance with the provisions of this Section must be
5certified to in writing by the applicant and by all
6subgrantees and subcontractors of the applicant. The
7Department shall not consider and shall deny any grant
8application that fails to include such written
10    Section 40. Notice on Department website. At the time a
11grant is awarded to an applicant, the Department shall
12immediately provide notice on its website of each application
13receiving a grant, including the name of the entity, the
14amount of money being received, the broadband speed, and the
15unserved area for which the applicant is receiving the grant.
16    Section 45. Annual reports from applicants. The Department
17shall require an applicant awarded a grant to submit a
18semi-annual report from the time the applicant receives the
19grant to 3 years after completion of the project. The
20semi-annual reports must be made available on the Department's
21website with any proprietary information redacted. The reports
22must be in a format specified by the Department and give an
23accounting by the applicant of the use of the money received
24and the progress toward fulfilling the objectives for which



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1the money was granted, including:
2        (1) the number and location of residences and
3    businesses that will have access to the broadband service;
4        (2) the speed of broadband service;
5        (3) the average price of broadband service; and
6        (4) the broadband service adoption rates.
7    Section 50. False statements. A person that files a false
8statement under this Act is ineligible to receive a grant
9under this Act.
10    Section 65. The Freedom of Information Act is amended by
11changing Section 7.5 as follows:
12    (5 ILCS 140/7.5)
13    Sec. 7.5. Statutory exemptions. To the extent provided for
14by the statutes referenced below, the following shall be
15exempt from inspection and copying:
16        (a) All information determined to be confidential
17    under Section 4002 of the Technology Advancement and
18    Development Act.
19        (b) Library circulation and order records identifying
20    library users with specific materials under the Library
21    Records Confidentiality Act.
22        (c) Applications, related documents, and medical
23    records received by the Experimental Organ Transplantation



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



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



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1    Hazardous Substances Registry Act.
2        (p) Security portions of system safety program plans,
3    investigation reports, surveys, schedules, lists, data, or
4    information compiled, collected, or prepared by or for the
5    Department of Transportation under Sections 2705-300 and
6    2705-616 of the Department of Transportation Law of the
7    Civil Administrative Code of Illinois, the Regional
8    Transportation Authority under Section 2.11 of the
9    Regional Transportation Authority Act, or the St. Clair
10    County Transit District under the Bi-State Transit Safety
11    Act.
12        (q) Information prohibited from being disclosed by the
13    Personnel Record Review Act.
14        (r) Information prohibited from being disclosed by the
15    Illinois School Student Records Act.
16        (s) Information the disclosure of which is restricted
17    under Section 5-108 of the Public Utilities Act.
18        (t) All identified or deidentified health information
19    in the form of health data or medical records contained
20    in, stored in, submitted to, transferred by, or released
21    from the Illinois Health Information Exchange, and
22    identified or deidentified health information in the form
23    of health data and medical records of the Illinois Health
24    Information Exchange in the possession of the Illinois
25    Health Information Exchange Office due to its
26    administration of the Illinois Health Information



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1    Exchange. The terms "identified" and "deidentified" shall
2    be given the same meaning as in the Health Insurance
3    Portability and Accountability Act of 1996, Public Law
4    104-191, or any subsequent amendments thereto, and any
5    regulations promulgated thereunder.
6        (u) Records and information provided to an independent
7    team of experts under the Developmental Disability and
8    Mental Health Safety Act (also known as Brian's Law).
9        (v) Names and information of people who have applied
10    for or received Firearm Owner's Identification Cards under
11    the Firearm Owners Identification Card Act or applied for
12    or received a concealed carry license under the Firearm
13    Concealed Carry Act, unless otherwise authorized by the
14    Firearm Concealed Carry Act; and databases under the
15    Firearm Concealed Carry Act, records of the Concealed
16    Carry Licensing Review Board under the Firearm Concealed
17    Carry Act, and law enforcement agency objections under the
18    Firearm Concealed Carry Act.
19        (v-5) Records of the Firearm Owner's Identification
20    Card Review Board that are exempted from disclosure under
21    Section 10 of the Firearm Owners Identification Card Act.
22        (w) Personally identifiable information which is
23    exempted from disclosure under subsection (g) of Section
24    19.1 of the Toll Highway Act.
25        (x) Information which is exempted from disclosure
26    under Section 5-1014.3 of the Counties Code or Section



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1    8-11-21 of the Illinois Municipal Code.
2        (y) Confidential information under the Adult
3    Protective Services Act and its predecessor enabling
4    statute, the Elder Abuse and Neglect Act, including
5    information about the identity and administrative finding
6    against any caregiver of a verified and substantiated
7    decision of abuse, neglect, or financial exploitation of
8    an eligible adult maintained in the Registry established
9    under Section 7.5 of the Adult Protective Services Act.
10        (z) Records and information provided to a fatality
11    review team or the Illinois Fatality Review Team Advisory
12    Council under Section 15 of the Adult Protective Services
13    Act.
14        (aa) Information which is exempted from disclosure
15    under Section 2.37 of the Wildlife Code.
16        (bb) Information which is or was prohibited from
17    disclosure by the Juvenile Court Act of 1987.
18        (cc) Recordings made under the Law Enforcement
19    Officer-Worn Body Camera Act, except to the extent
20    authorized under that Act.
21        (dd) Information that is prohibited from being
22    disclosed under Section 45 of the Condominium and Common
23    Interest Community Ombudsperson Act.
24        (ee) Information that is exempted from disclosure
25    under Section 30.1 of the Pharmacy Practice Act.
26        (ff) Information that is exempted from disclosure



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1    under the Revised Uniform Unclaimed Property Act.
2        (gg) Information that is prohibited from being
3    disclosed under Section 7-603.5 of the Illinois Vehicle
4    Code.
5        (hh) Records that are exempt from disclosure under
6    Section 1A-16.7 of the Election Code.
7        (ii) Information which is exempted from disclosure
8    under Section 2505-800 of the Department of Revenue Law of
9    the Civil Administrative Code of Illinois.
10        (jj) Information and reports that are required to be
11    submitted to the Department of Labor by registering day
12    and temporary labor service agencies but are exempt from
13    disclosure under subsection (a-1) of Section 45 of the Day
14    and Temporary Labor Services Act.
15        (kk) Information prohibited from disclosure under the
16    Seizure and Forfeiture Reporting Act.
17        (ll) Information the disclosure of which is restricted
18    and exempted under Section 5-30.8 of the Illinois Public
19    Aid Code.
20        (mm) Records that are exempt from disclosure under
21    Section 4.2 of the Crime Victims Compensation Act.
22        (nn) Information that is exempt from disclosure under
23    Section 70 of the Higher Education Student Assistance Act.
24        (oo) Communications, notes, records, and reports
25    arising out of a peer support counseling session
26    prohibited from disclosure under the First Responders



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1    Suicide Prevention Act.
2        (pp) Names and all identifying information relating to
3    an employee of an emergency services provider or law
4    enforcement agency under the First Responders Suicide
5    Prevention Act.
6        (qq) Information and records held by the Department of
7    Public Health and its authorized representatives collected
8    under the Reproductive Health Act.
9        (rr) Information that is exempt from disclosure under
10    the Cannabis Regulation and Tax Act.
11        (ss) Data reported by an employer to the Department of
12    Human Rights pursuant to Section 2-108 of the Illinois
13    Human Rights Act.
14        (tt) Recordings made under the Children's Advocacy
15    Center Act, except to the extent authorized under that
16    Act.
17        (uu) Information that is exempt from disclosure under
18    Section 50 of the Sexual Assault Evidence Submission Act.
19        (vv) Information that is exempt from disclosure under
20    subsections (f) and (j) of Section 5-36 of the Illinois
21    Public Aid Code.
22        (ww) Information that is exempt from disclosure under
23    Section 16.8 of the State Treasurer Act.
24        (xx) Information that is exempt from disclosure or
25    information that shall not be made public under the
26    Illinois Insurance Code.



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1        (yy) Information prohibited from being disclosed under
2    the Illinois Educational Labor Relations Act.
3        (zz) Information prohibited from being disclosed under
4    the Illinois Public Labor Relations Act.
5        (aaa) Information prohibited from being disclosed
6    under Section 1-167 of the Illinois Pension Code.
7        (bbb) (ccc) Information that is prohibited from
8    disclosure by the Illinois Police Training Act and the
9    Illinois State Police Act.
10        (ccc) (ddd) Records exempt from disclosure under
11    Section 2605-304 of the Illinois Department of State
12    Police Law of the Civil Administrative Code of Illinois.
13        (ddd) (bbb) Information prohibited from being
14    disclosed under Section 35 of the Address Confidentiality
15    for Victims of Domestic Violence, Sexual Assault, Human
16    Trafficking, or Stalking Act.
17        (eee) (ddd) Information prohibited from being
18    disclosed under subsection (b) of Section 75 of the
19    Domestic Violence Fatality Review Act.
20        (fff) Information prohibited from being disclosed
21    under subsection (b) of Section 35 of the Illinois
22    Broadband Deployment, Equity, Access, and Affordability
23    Act of 2022.
24(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
25101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
261-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,



HB4758- 22 -LRB102 25506 AMQ 34794 b

1eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
2101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
31-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
4eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
5102-559, eff. 8-20-21; revised 10-5-21.)
6    Section 99. Effective date. This Act takes effect upon
7becoming law.