SB0315 EngrossedLRB104 06438 SPS 16474 b

1    AN ACT concerning business.
 
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
5Artificial Intelligence Safety Measures Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Affiliate" means a person controlling, controlled by, or
8under common control with a specified person, directly or
9indirectly, through one or more intermediaries.
10    "Agency" means the Illinois Emergency Management Agency
11and Office of Homeland Security.
12    "Artificial intelligence" or "AI" has the meaning ascribed
13to the term "artificial intelligence" in Section 5 of the
14Digital Voice and Likeness Protection Act. "Artificial
15intelligence" or "AI" includes generative artificial
16intelligence.
17    "Catastrophic risk" means a foreseeable and material risk
18that a frontier developer's development, storage, use, or
19deployment of a frontier model will materially contribute to
20the death of, or serious injury to, more than 50 people or more
21than $1,000,000,000 in damage to, or loss of, property arising
22from a single incident involving a frontier model doing any of
23the following:

 

 

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1        (1) providing expert-level assistance in the creation
2    or release of a chemical, biological, radiological, or
3    nuclear weapon;
4        (2) engaging in conduct with no meaningful human
5    oversight, intervention, or supervision that is either a
6    cyberattack or, if the conduct had been committed by a
7    human, would constitute the crime of murder, assault,
8    extortion, or theft, including theft by false pretense; or
9        (3) evading the control of its frontier developer or
10    user.
11    "Catastrophic risk" does not include a foreseeable and
12material risk from any of the following:
13        (1) information that a frontier model outputs if the
14    information is otherwise publicly accessible in a
15    substantially similar form from a source other than a
16    foundation model;
17        (2) lawful activity of the federal government; or
18        (3) harm caused by a frontier model in combination
19    with other software if the frontier model did not
20    materially contribute to the harm.
21    "Covered employee" means an employee responsible for
22assessing, managing, or addressing the risk of critical safety
23incidents.
24    "Critical safety incident" means any of the following:
25        (1) unauthorized access to, modification of, or
26    exfiltration of, the model weights of a frontier model

 

 

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1    that results in death or bodily injury;
2        (2) harm resulting from the materialization of a
3    catastrophic risk;
4        (3) loss of control of a frontier model causing death
5    or bodily injury; or
6        (4) a frontier model that uses deceptive techniques
7    against the frontier developer to subvert the controls or
8    monitoring of its frontier developer outside of the
9    context of an evaluation designed to elicit this behavior
10    and in a manner that demonstrates materially increased
11    catastrophic risk.
12    "Deploy" means to make a frontier model available to a
13third party for use, modification, copying, or combination
14with other software. "Deploy" does not include making a
15frontier model available to a third party for the primary
16purpose of researching, developing, or evaluating the frontier
17model.
18    "Foundation model" means an artificial intelligence model
19that is all of the following:
20        (1) trained on a broad data set;
21        (2) designed for generality of output; and
22        (3) adaptable to a wide range of distinctive tasks.
23    "Frontier AI framework" means documented technical and
24organizational protocols to manage, assess, and mitigate
25catastrophic risks.
26    "Frontier developer" means a person who trains, or

 

 

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1initiates the training of, a frontier model using computing
2power that meets the technical specifications set forth in the
3definition of "frontier model".
4    "Frontier model" means a foundation model that was trained
5using a quantity of computing power greater than 1026 integer
6or floating-point operations. The quantity of computing power
7described in this definition shall include computing for the
8original training run and for any subsequent fine-tuning,
9reinforcement learning, or other material modifications the
10developer applies to a preceding foundation model.
11    "Large frontier developer" means a frontier developer
12that, together with its affiliates, collectively had annual
13gross revenues in excess of $500,000,000 in the preceding
14calendar year.
15    "Model weight" means a numerical parameter in a frontier
16model that is adjusted through training and that helps
17determine how inputs are transformed into outputs.
18    "Person" means an individual, proprietorship, firm,
19partnership, joint venture, syndicate, business, trust,
20company, corporation, limited liability company, association,
21committee, or any other nongovernmental organization or group
22of persons acting in concert.
23    "Property" means tangible or intangible property.
 
24    Section 10. Frontier AI framework.
25    (a) Beginning January 1, 2028, a large frontier developer

 

 

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1shall write, implement, comply with, and clearly and
2conspicuously publish on its website a frontier AI framework
3that applies to the large frontier developer's frontier models
4and describes how the large frontier developer approaches all
5of the following:
6        (1) incorporating national standards, international
7    standards, and industry-consensus best practices into its
8    frontier AI framework;
9        (2) defining and assessing thresholds used by the
10    large frontier developer to identify and assess whether a
11    frontier model has capabilities that could pose a
12    catastrophic risk, which may include multiple-tiered
13    thresholds;
14        (3) applying mitigations to address the potential for
15    catastrophic risks based on the results of assessments
16    undertaken pursuant to paragraph (2);
17        (4) reviewing assessments and adequacy of mitigations
18    as part of the decision to deploy a frontier model or use
19    it extensively internally;
20        (5) using third parties to assess the potential for
21    catastrophic risks and the effectiveness of mitigations of
22    catastrophic risks;
23        (6) revisiting and updating the frontier AI framework,
24    including any criteria that trigger updates and how the
25    large frontier developer determines when its frontier
26    models are substantially modified enough to require

 

 

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1    disclosures pursuant to subsection (c);
2        (7) cybersecurity practices to secure unreleased model
3    weights from unauthorized modification or transfer by
4    internal or external parties;
5        (8) identifying and responding to critical safety
6    incidents;
7        (9) instituting internal governance practices to
8    ensure implementation of these processes; and
9        (10) assessing and managing catastrophic risk
10    resulting from the internal use of its frontier models,
11    including risks resulting from a frontier model
12    circumventing oversight mechanisms.
13    (b)(1) A large frontier developer shall review and, as
14appropriate, update its frontier AI framework at least once
15per year.
16    (2) If a large frontier developer makes a material
17modification to its frontier AI framework, the large frontier
18developer shall clearly and conspicuously publish on its
19website the modified frontier AI framework and a justification
20for that modification within 30 days.
21    (c)(1) Before, or concurrently with, deploying a new
22frontier model or a substantially modified version of an
23existing frontier model, a frontier developer shall clearly
24and conspicuously publish on its website a transparency report
25containing all of the following:
26            (A) the website of the frontier developer;

 

 

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1            (B) a mechanism that enables a natural person to
2        communicate with the frontier developer;
3            (C) the release date of the frontier model;
4            (D) the languages supported by the frontier model;
5            (E) the modalities of output supported by the
6        frontier model;
7            (F) the intended uses of the frontier model; and
8            (G) any generally applicable restrictions or
9        conditions on uses of the frontier model.
10    (2) Before, or concurrently with, deploying a new frontier
11model or a substantially modified version of an existing
12frontier model, a large frontier developer shall include in
13the transparency report required by paragraph (1) of this
14subsection (c) summaries of all of the following:
15            (A) assessments of catastrophic risks from the
16        frontier model conducted pursuant to the large
17        frontier developer's frontier AI framework;
18            (B) the results of the assessments under
19        subparagraph (A);
20            (C) the extent to which third-party evaluators
21        were involved; and
22            (D) other steps taken to fulfill the requirements
23        of the frontier AI framework with respect to the
24        frontier model.
25    (3) All summaries required under paragraph (2) shall be
26provided in a machine-readable format to facilitate

 

 

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1verification of model claims.
2    (4) A frontier developer that publishes the information
3described in paragraph (1) or (2) as part of a larger document,
4including a system card or model card, shall be deemed in
5compliance with the applicable paragraph.
6    (5) A frontier developer is encouraged, but not required,
7to make disclosures described in this subsection (c) that are
8consistent with, or superior to, industry best practices.
9    (d) Beginning on January 1, 2028 or 90 days after a
10developer first qualifies as a large frontier developer,
11whichever is later, a large frontier developer shall annually
12retain a third party to perform an independent audit of
13compliance with the requirements of this Section. The third
14party shall conduct audits consistent with generally accepted
15auditing standards and best practices and shall possess
16demonstrated competence to perform the audit, including
17experience employing or contracting with individuals who
18possess technical expertise in the safety of frontier models.
19A large frontier developer shall not retain a third party if
20either the large frontier developer or the third party has a
21financial interest in the other party. A large frontier
22developer may compensate a third party for its services but
23shall not condition any payment or the amount of any payment on
24the results of the third party's audit.
25        (1) The third party shall be granted access to all
26    materials reasonably necessary to comply with the third

 

 

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1    party's obligations under this subsection (d), including,
2    but not limited to, all unredacted versions of materials
3    published pursuant to this Act. To protect the frontier
4    developer's trade secrets and confidential business
5    information, cybersecurity, national security of the
6    United States, or public safety, a large frontier
7    developer may impose security protocols on the third
8    party, including, but not limited to, restrictions on note
9    taking, copying, retaining, or removing materials;
10    requirements for on-premise review; and confidentiality
11    requirements.
12        (2) The third party shall produce a report that
13    includes all of the following:
14            (A) a description of whether the large frontier
15        developer has substantially complied with the
16        requirements of this Section;
17            (B) if applicable, a description of material
18        deviations from the requirements of this Section, an
19        explanation of any deviation and its rationale, and
20        any recommendations for how the developer can improve
21        its policies and processes for ensuring compliance
22        with the requirements of this Section;
23            (C) a detailed assessment of the large frontier
24        developer's internal controls, including its
25        designation and empowerment of senior personnel
26        responsible for such implementation by the large

 

 

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1        frontier developer, its employees, and its
2        contractors;
3            (D) a list of the personnel involved in the audit;
4            (E) the third party's procedures for managing
5        conflicts of interest and any conflicts of interest of
6        any personnel involved in the audit;
7            (F) the methodology of the audit and the nature of
8        the information reviewed by the third party to conduct
9        the audit; and
10            (G) the signature of the lead auditor certifying
11        the results of the audit.
12        (3) The large frontier developer shall retain an
13    unredacted copy of the report for as long as a frontier
14    model is deployed plus 5 years.
15        (4)(A) No later than 30 days after receiving the audit
16    report, the large frontier developer shall conspicuously
17    publish on its website a high-level summary of the audit
18    findings and a copy of the third party's report with
19    appropriate redactions and transmit a copy of the redacted
20    report to the Agency and the Attorney General.
21        (B) The large frontier developer shall grant the
22    Agency and the Attorney General access to the third
23    party's report, with redactions, upon request, subject to
24    the redactions permitted under subsection (g).
25    (e) A large frontier developer shall transmit to the
26Agency a summary of any assessment of catastrophic risk

 

 

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1resulting from internal use of its frontier models every 3
2months or pursuant to another reasonable schedule specified by
3the large frontier developer and communicated in writing to
4the Agency and the Attorney General with written updates, as
5appropriate and agreed upon by the Agency.
6    (f)(1) A frontier developer shall not make a materially
7false or misleading statement about catastrophic risk from its
8frontier models or its management of catastrophic risk.
9    A large frontier developer shall not make a materially
10false or misleading statement about its implementation of, or
11compliance with, its frontier AI framework.
12    (2) This subsection (f) does not apply to a statement that
13was made in good faith and was reasonable under the
14circumstances.
15    (g)(1) When a frontier developer publishes documents to
16comply with this Section, the frontier developer may make
17redactions to those documents that are necessary to protect
18the frontier developer's trade secrets, the frontier
19developer's cybersecurity, public safety, or the national
20security of the United States or to comply with any federal or
21State law.
22    (2) If a frontier developer redacts information in a
23document pursuant to this subsection (g), the frontier
24developer shall describe the character and justification of
25the redaction in any published version of the document to the
26extent permitted by the concerns that justify redaction and

 

 

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1shall retain the unredacted information for 5 years.
 
2    Section 15. Reporting critical safety incidents.
3    (a) The Agency, in consultation with the Attorney General,
4shall establish a mechanism to be used by a frontier developer
5or a member of the public to report a critical safety incident
6that includes all of the following:
7        (1) the date of the critical safety incident;
8        (2) the reasons the incident qualifies as a critical
9    safety incident;
10        (3) a short and plain statement describing the
11    critical safety incident; and
12        (4) whether the incident was associated with internal
13    use of a frontier model.
14    (b)(1) The Agency, in consultation with the Attorney
15General, shall establish a mechanism to be used by a large
16frontier developer to confidentially submit summaries of any
17assessments of the potential for catastrophic risk resulting
18from internal use of its frontier models.
19    (2) The Agency and the Attorney General shall take all
20necessary precautions to limit access to any reports related
21to internal use of frontier models to only personnel with a
22specific need to know the information and to protect the
23reports from unauthorized access.
24    (c) A frontier developer shall report any critical safety
25incident pertaining to one or more of its frontier models to

 

 

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1the Agency and the Attorney General within 72 hours of the
2frontier developer learning facts sufficient to establish a
3reasonable belief that a critical safety incident has
4occurred. The disclosure shall include: (i) the date of the
5critical safety incident; (ii) the reasons the incident
6qualifies as a critical safety incident as defined in this
7Act; and (iii) a short and plain statement describing the
8critical safety incident. If a frontier developer discovers
9that a critical safety incident poses an imminent risk of
10death or serious physical injury, the frontier developer shall
11disclose that incident within 24 hours to an authority,
12including any law enforcement agency or public safety agency
13with jurisdiction, that is appropriate based on the nature of
14that incident and as required by law. A frontier developer
15that discovers information about a critical safety incident
16after filing the initial report required by this subsection
17(c) may file an amended report. A frontier developer is
18encouraged, but not required, to report critical safety
19incidents pertaining to foundation models that are not
20frontier models.
21    (d) The Agency and the Attorney General shall review
22critical safety incident reports submitted by frontier
23developers and may review reports submitted by members of the
24public.
25    (e) The Attorney General or the Agency may transmit
26reports of critical safety incidents to the General Assembly,

 

 

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1the Governor, the federal government, or appropriate State
2agencies. The Attorney General and the Agency shall strongly
3consider any risks related to trade secrets, public safety,
4cybersecurity of a frontier developer, or national security
5when transmitting reports.
6    (f) The following records are exempt from disclosure under
7the Freedom of Information Act:
8        (1) any report of a critical safety incident submitted
9    to the Agency or the Attorney General;
10        (2) any report of an assessment of catastrophic risk
11    from internal use under subsection (e) of Section 10;
12        (3) any unredacted version of the third party audit
13    report produced under subsection (d) of Section 10 in the
14    possession of the Agency or the Attorney General;
15        (4) any materials, work papers, notes, or derivative
16    documents prepared by a third party in connection with an
17    audit under subsection (d) of Section 10, to the extent
18    such materials come into the possession of the Agency or
19    the Attorney General; and
20        (5) any covered employee report made under Section 30.
21    (g)(1) By January 1, 2029, and by each January 1
22thereafter, the Agency, in consultation with the Attorney
23General, shall produce a report that includes the following:
24        (A) anonymized and aggregated information about
25    critical safety incidents that have been reviewed by the
26    Agency or the Attorney General since the preceding report;

 

 

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1        (B) information that the Agency deems relevant to
2    frontier model safety;
3        (C) recommended updates to this Act, if any; and
4        (D) any developments relevant to the purposes of this
5    Act.
6    (2) The Agency and the Attorney General shall not include
7information in a report that would compromise the trade
8secrets or cybersecurity of a frontier developer, public
9safety, or the national security of the United States or that
10would be prohibited by any federal or State law.
11    (3) The Agency, in consultation with the Attorney General,
12shall transmit the report under this subsection (g) to the
13General Assembly and to the Governor.
 
14    Section 17. Interoperability.
15    (a) The Agency, in consultation with the Attorney General,
16shall designate on its website a declaration process and one
17or more federal laws, regulations, or guidance documents that
18meet all of the following conditions for the purposes of
19subsection (b):
20        (1) the law, regulation, or guidance document imposes
21    or states standards or requirements for critical safety
22    incident reporting that are substantially equivalent to,
23    or stricter than, those required by this Act;
24        (2) the law, regulation, or guidance document
25    described in paragraph (1) does not need to require

 

 

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1    critical safety incident reporting to the State of
2    Illinois;
3        (3) the law, regulation, or guidance document is
4    intended to assess, detect, or mitigate the catastrophic
5    risk in ways that are substantially equivalent to this
6    Act; and
7        (4) the law, regulation, or guidance document requires
8    the large frontier developer to undergo independent
9    third-party audits of its assessment of catastrophic risks
10    and critical safety incident reporting with requirements
11    that are substantially equivalent to, or stricter than,
12    those required by this Act.
13    (b)(1) A frontier developer that intends to comply with
14this Act by complying with the requirements of, or meeting the
15standards stated by, a federal law, regulation, or guidance
16document designated in subsection (a) shall declare its intent
17to do so to the Agency by following the process outlined on the
18Agency's website.
19    (2) After a frontier developer has declared its intent
20pursuant to paragraph (1), both of the following apply:
21        (A) the frontier developer shall be deemed in
22    compliance with this Act to the extent that the frontier
23    developer meets the standards of, or complies with the
24    requirements imposed or stated by, the designated federal
25    law, regulation, or guidance document until the frontier
26    developer declares the revocation of that intent to the

 

 

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1    Agency in the manner provided for on the Agency's website;
2    and
3        (B) the failure by a frontier developer to meet the
4    standards of, or comply with the requirements stated by,
5    the federal law, regulation, or guidance document
6    designated pursuant to subsection (a) shall constitute a
7    violation of this Act.
8    (c) The Agency shall issue updated guidance documents on
9its website if the requirements of subsection (a) are no
10longer met.
 
11    Section 18. Large frontier developer disclosure.
12    (a) Except as otherwise provided in this Section,
13beginning January 1, 2027, no large frontier developer may
14develop, deploy, or operate a frontier model, in whole or in
15part in this State, without having a current disclosure
16statement filed with the Agency and paying the required fee.
17    (b) The disclosure statement shall be filed in the form
18and the manner prescribed by the Agency on the Agency's
19website and shall contain all the information required by the
20Agency. It shall be renewed annually, whenever ownership of
21the frontier model is transferred or whenever there is a
22material change to the information reported in the previously
23filed disclosure statement, whichever occurs earlier.
24    (c) The disclosure statement shall identify:
25        (1) the identity of the large frontier developer and

 

 

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1    all names under which such large frontier developer
2    conducts business;
3        (2) the address of the principal place of business and
4    the address of each office the large frontier developer
5    maintains in this State;
6        (3) in the event the large frontier developer or the
7    ultimate parent of the large frontier developer is a
8    privately or closely held company, a list of all persons
9    or entities that beneficially own a 5% or greater interest
10    in the large frontier developer at the time the disclosure
11    statement is filed and a list of persons who formerly
12    beneficially owned a 5% or greater interest in the owner
13    or its predecessors in the preceding 5 years; in the event
14    the owner or the ultimate parent is a publicly traded
15    company, the owner shall file a list of all persons or
16    entities that beneficially own a 50% or greater interest
17    in the large frontier developer at the time of disclosure;
18    and
19        (4) the name and contact information of a point of
20    contact, secondary contact, and tertiary contact for the
21    large frontier developer; the point of contact shall be
22    responsible for receiving inquiries relating to this Act
23    from the Agency or other governmental entities.
24    (d) The Agency shall charge and collect fees from large
25frontier developers for the expenses of administering this
26Act, which shall be nonrefundable unless otherwise indicated.

 

 

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1Each large frontier developer shall pay to the Agency its pro
2rata share of the cost of administration of this Act, as
3estimated by the Agency, for the current year and any deficit
4actually incurred in the administration of the Act in prior
5years.
6    (e) If any person develops, deploys, or operates a large
7frontier model in this State without a current disclosure
8filed with the Agency as required by this Section, submits
9false information in its disclosure or fails to timely pay any
10assessment required by this Act, in addition to any other
11penalty or liability that may be imposed under this Act, the
12Agency may, after notice and hearing, levy civil penalties,
13fees, and costs as follows:
14        (1) a civil penalty of $1,000 for each day the person
15    fails to file a disclosure as required by this Section or
16    fails to correct false information; and
17        (2) an amount equal to the assessments owed.
18    (f) The Agency shall maintain and publish a list of large
19frontier developers who have filed disclosure statements;
20however, the publication shall not include the contact
21information set forth in subsection (c).
 
22    Section 20. Whistleblower protections.
23    (a) A frontier developer shall not make, adopt, enforce,
24or enter into a rule, regulation, policy, or contract that
25prevents a covered employee from disclosing, or retaliates

 

 

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1against a covered employee for disclosing, information to the
2Agency, Attorney General, a federal authority, a person with
3authority over the covered employee, or another covered
4employee who has authority to investigate, discover, or
5correct the reported issue, if the covered employee has
6reasonable cause to believe that the information discloses
7that:
8        (1) the frontier developer's activities pose a
9    specific and substantial danger to the public health or
10    safety resulting from a catastrophic risk; or
11        (2) the frontier developer has violated this Act.
12    (b) A frontier developer shall not enter into a contract
13that prevents a covered employee from making a disclosure
14protected under the Whistleblower Act.
15    (c) A covered employee may use the Attorney General's
16Workplace Rights Hotline to make reports described in
17subsection (a).
18    (d) A frontier developer shall provide a clear notice to
19all covered employees of their rights and responsibilities
20under this Section, including by doing either of the
21following:
22        (1) at all times posting and displaying within any
23    workplace maintained by the frontier developer a notice to
24    all covered employees of their rights under this Section,
25    ensuring that any new covered employee receives equivalent
26    notice, and ensuring that any covered employee who works

 

 

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1    remotely periodically receives an equivalent notice; or
2        (2) at least once each year, providing written notice
3    to each covered employee of the covered employee's rights
4    under this Section and ensuring that the notice is
5    received and acknowledged by all of those covered
6    employees.
7    (e)(1) A large frontier developer shall provide a
8reasonable internal process through which a covered employee
9may anonymously disclose information to the large frontier
10developer if the covered employee believes in good faith that
11the information indicates that the large frontier developer's
12activities present a specific and substantial danger to the
13public health or safety resulting from a catastrophic risk or
14that the large frontier developer violated this Act, including
15a monthly update to the person who made the disclosure
16regarding the status of the large frontier developer's
17investigation of the disclosure and the actions taken by the
18large frontier developer in response to the disclosure.
19    (2)(A) Except as provided in subparagraph (B), the
20disclosures and responses of the process required by this
21subsection (e) shall be shared with officers and directors of
22the large frontier developer at least once each quarter.
23    (B) If a covered employee has alleged wrongdoing by an
24officer or director of the large frontier developer in a
25disclosure or response, subparagraph (A) shall not apply with
26respect to that officer or director.

 

 

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1    (f) This Section does not impair or limit the
2applicability of the Whistleblower Act, including with respect
3to the rights of employees who are not covered employees to
4report violations of this Act.
 
5    Section 25. Civil penalty.
6    (a) A large frontier developer that fails to publish or
7transmit a compliant document required to be published or
8transmitted under this Act, makes a statement in violation of
9subsection (f) of Section 10, fails to have a third party
10perform an independent audit of compliance as required by
11subsection (d) of Section 10, fails to report a critical
12safety incident as required by Section 15, or fails to comply
13with its own frontier AI framework shall be subject to a civil
14penalty in an amount dependent upon the severity of the
15violation that does not exceed $1,000,000 for the first
16violation. For a subsequent violation, the civil penalty may
17not exceed $3,000,000 per violation.
18    (b) A civil penalty described in this Section shall be
19recovered in a civil action brought exclusively by the
20Attorney General. Any civil penalties collected from the
21enforcement of this Act shall be deposited into the Attorney
22General Court Ordered and Voluntary Compliance Payment
23Projects Fund.
24    (c) The loss of value of equity does not count as damage to
25or loss of property for the purposes of this Act.

 

 

SB0315 Engrossed- 23 -LRB104 06438 SPS 16474 b

1    (d) Nothing in this Act shall be construed to establish a
2private right of action associated with violations of this
3Act.
 
4    Section 30. Duties and obligations. The duties and
5obligations imposed by this Act are cumulative with any other
6duties or obligations imposed under other law and shall not be
7construed to relieve any party from any duties or obligations
8imposed under other law and do not limit any rights or remedies
9under existing law.
 
10    Section 35. Home rule. The regulation of artificial
11intelligence frontier models is an exclusive power and
12function of the State. This Section is a denial and limitation
13of home rule powers and functions under subsection (h) of
14Section 6 of Article VII of the Illinois Constitution.
 
15    Section 80. The Freedom of Information Act is amended by
16changing Section 7.5 as follows:
 
17    (5 ILCS 140/7.5)
18    (Text of Section before amendment by P.A. 104-441 and
19104-457)
20    Sec. 7.5. Statutory exemptions. To the extent provided for
21by the statutes referenced below, the following shall be
22exempt from inspection and copying:

 

 

SB0315 Engrossed- 24 -LRB104 06438 SPS 16474 b

1        (a) All information determined to be confidential
2    under Section 4002 of the Technology Advancement and
3    Development Act.
4        (b) Library circulation and order records identifying
5    library users with specific materials under the Library
6    Records Confidentiality Act.
7        (c) Applications, related documents, and medical
8    records received by the Experimental Organ Transplantation
9    Procedures Board and any and all documents or other
10    records prepared by the Experimental Organ Transplantation
11    Procedures Board or its staff relating to applications it
12    has received.
13        (d) Information and records held by the Department of
14    Public Health and its authorized representatives relating
15    to known or suspected cases of sexually transmitted
16    infection or any information the disclosure of which is
17    restricted under the Illinois Sexually Transmitted
18    Infection Control Act.
19        (e) Information the disclosure of which is exempted
20    under Section 30 of the Radon Industry Licensing Act.
21        (f) Firm performance evaluations under Section 55 of
22    the Architectural, Engineering, and Land Surveying
23    Qualifications Based Selection Act.
24        (g) Information the disclosure of which is restricted
25    and exempted under Section 50 of the Illinois Prepaid
26    Tuition Act.

 

 

SB0315 Engrossed- 25 -LRB104 06438 SPS 16474 b

1        (h) Information the disclosure of which is exempted
2    under the State Officials and Employees Ethics Act, and
3    records of any lawfully created State or local inspector
4    general's office that would be exempt if created or
5    obtained by an Executive Inspector General's office under
6    that Act.
7        (i) Information contained in a local emergency energy
8    plan submitted to a municipality in accordance with a
9    local emergency energy plan ordinance that is adopted
10    under Section 11-21.5-5 of the Illinois Municipal Code.
11        (j) Information and data concerning the distribution
12    of surcharge moneys collected and remitted by carriers
13    under the Emergency Telephone System Act.
14        (k) Law enforcement officer identification information
15    or driver identification information compiled by a law
16    enforcement agency or the Department of Transportation
17    under Section 11-212 of the Illinois Vehicle Code.
18        (l) Records and information provided to a residential
19    health care facility resident sexual assault and death
20    review team or the Executive Council under the Abuse
21    Prevention Review Team Act.
22        (m) Information provided to the predatory lending
23    database created pursuant to Article 3 of the Residential
24    Real Property Disclosure Act, except to the extent
25    authorized under that Article.
26        (n) Defense budgets and petitions for certification of

 

 

SB0315 Engrossed- 26 -LRB104 06438 SPS 16474 b

1    compensation and expenses for court appointed trial
2    counsel as provided under Sections 10 and 15 of the
3    Capital Crimes Litigation Act (repealed). This subsection
4    (n) shall apply until the conclusion of the trial of the
5    case, even if the prosecution chooses not to pursue the
6    death penalty prior to trial or sentencing.
7        (o) Information that is prohibited from being
8    disclosed under Section 4 of the Illinois Health and
9    Hazardous Substances Registry Act.
10        (p) Security portions of system safety program plans,
11    investigation reports, surveys, schedules, lists, data, or
12    information compiled, collected, or prepared by or for the
13    Department of Transportation under Sections 2705-300 and
14    2705-616 of the Department of Transportation Law of the
15    Civil Administrative Code of Illinois, the Regional
16    Transportation Authority under Section 2.11 of the
17    Regional Transportation Authority Act, or the St. Clair
18    County Transit District under the Bi-State Transit Safety
19    Act (repealed).
20        (q) Information prohibited from being disclosed by the
21    Personnel Record Review Act.
22        (r) Information prohibited from being disclosed by the
23    Illinois School Student Records Act.
24        (s) Information the disclosure of which is restricted
25    under Section 5-108 of the Public Utilities Act.
26        (t) (Blank).

 

 

SB0315 Engrossed- 27 -LRB104 06438 SPS 16474 b

1        (u) Records and information provided to an independent
2    team of experts under the Developmental Disability and
3    Mental Health Safety Act (also known as Brian's Law).
4        (v) Names and information of people who have applied
5    for or received Firearm Owner's Identification Cards under
6    the Firearm Owners Identification Card Act or applied for
7    or received a concealed carry license under the Firearm
8    Concealed Carry Act, unless otherwise authorized by the
9    Firearm Concealed Carry Act; and databases under the
10    Firearm Concealed Carry Act, records of the Concealed
11    Carry Licensing Review Board under the Firearm Concealed
12    Carry Act, and law enforcement agency objections under the
13    Firearm Concealed Carry Act.
14        (v-5) Records of the Firearm Owner's Identification
15    Card Review Board that are exempted from disclosure under
16    Section 10 of the Firearm Owners Identification Card Act.
17        (w) Personally identifiable information which is
18    exempted from disclosure under subsection (g) of Section
19    19.1 of the Toll Highway Act.
20        (x) Information which is exempted from disclosure
21    under Section 5-1014.3 of the Counties Code or Section
22    8-11-21 of the Illinois Municipal Code.
23        (y) Confidential information under the Adult
24    Protective Services Act and its predecessor enabling
25    statute, the Elder Abuse and Neglect Act, including
26    information about the identity and administrative finding

 

 

SB0315 Engrossed- 28 -LRB104 06438 SPS 16474 b

1    against any caregiver of a verified and substantiated
2    decision of abuse, neglect, or financial exploitation of
3    an eligible adult maintained in the Registry established
4    under Section 7.5 of the Adult Protective Services Act.
5        (z) Records and information provided to a fatality
6    review team or the Illinois Fatality Review Team Advisory
7    Council under Section 15 of the Adult Protective Services
8    Act.
9        (aa) Information which is exempted from disclosure
10    under Section 2.37 of the Wildlife Code.
11        (bb) Information which is or was prohibited from
12    disclosure by the Juvenile Court Act of 1987.
13        (cc) Recordings made under the Law Enforcement
14    Officer-Worn Body Camera Act, except to the extent
15    authorized under that Act.
16        (dd) Information that is prohibited from being
17    disclosed under Section 45 of the Condominium and Common
18    Interest Community Ombudsperson Act.
19        (ee) Information that is exempted from disclosure
20    under Section 30.1 of the Pharmacy Practice Act.
21        (ff) Information that is exempted from disclosure
22    under the Revised Uniform Unclaimed Property Act.
23        (gg) Information that is prohibited from being
24    disclosed under Section 7-603.5 of the Illinois Vehicle
25    Code.
26        (hh) Records that are exempt from disclosure under

 

 

SB0315 Engrossed- 29 -LRB104 06438 SPS 16474 b

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

 

 

SB0315 Engrossed- 30 -LRB104 06438 SPS 16474 b

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

 

 

SB0315 Engrossed- 31 -LRB104 06438 SPS 16474 b

1    under Section 1-167 of the Illinois Pension Code.
2        (bbb) Information that is prohibited from disclosure
3    by the Illinois Police Training Act and the Illinois State
4    Police Act.
5        (ccc) Records exempt from disclosure under Section
6    2605-304 of the Illinois State Police Law of the Civil
7    Administrative Code of Illinois.
8        (ddd) Information prohibited from being disclosed
9    under Section 35 of the Address Confidentiality for
10    Victims of Domestic Violence, Sexual Assault, Human
11    Trafficking, or Stalking Act.
12        (eee) Information prohibited from being disclosed
13    under subsection (b) of Section 75 of the Domestic
14    Violence Fatality Review Act.
15        (fff) Images from cameras under the Expressway Camera
16    Act and all automated license plate reader (ALPR)
17    information used and collected by the Illinois State
18    Police. "ALPR information" means information gathered by
19    an ALPR or created from the analysis of data generated by
20    an ALPR. This subsection (fff) is inoperative on and after
21    July 1, 2028.
22        (ggg) Information prohibited from disclosure under
23    paragraph (3) of subsection (a) of Section 14 of the Nurse
24    Agency Licensing Act.
25        (hhh) Information submitted to the Illinois State
26    Police in an affidavit or application for an assault

 

 

SB0315 Engrossed- 32 -LRB104 06438 SPS 16474 b

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

 

 

SB0315 Engrossed- 33 -LRB104 06438 SPS 16474 b

1    under Section 4-2 of the Uniform Money Transmission
2    Modernization Act.
3        (sss) Information exempt from disclosure under Section
4    40 of the Student-Athlete Endorsement Rights Act.
5        (ttt) Audio recordings made under Section 30 of the
6    Illinois State Police Act, except to the extent authorized
7    under that Section.
8        (uuu) Information prohibited from being disclosed
9    under Section 30-5 of the Digital Assets Regulation Act.
10        (vvv) Information exempt from disclosure under
11    subsection (f) of Section 15 of the Artificial
12    Intelligence Safety Measures Act.
13(Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 6-9-23;
14103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff.
158-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592,
16eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24;
17103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff.
188-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 103-1081,
19eff. 3-21-25; 104-10, eff. 6-16-25; 104-18, eff. 6-30-25;
20104-417, eff. 8-15-25; 104-428, eff. 8-18-25; revised
219-10-25.)
 
22    (Text of Section after amendment by P.A. 104-457 but
23before 104-441)
24    Sec. 7.5. Statutory exemptions. To the extent provided for
25by the statutes referenced below, the following shall be

 

 

SB0315 Engrossed- 34 -LRB104 06438 SPS 16474 b

1exempt from inspection and copying:
2        (a) All information determined to be confidential
3    under Section 4002 of the Technology Advancement and
4    Development Act.
5        (b) Library circulation and order records identifying
6    library users with specific materials under the Library
7    Records Confidentiality Act.
8        (c) Applications, related documents, and medical
9    records received by the Experimental Organ Transplantation
10    Procedures Board and any and all documents or other
11    records prepared by the Experimental Organ Transplantation
12    Procedures Board or its staff relating to applications it
13    has received.
14        (d) Information and records held by the Department of
15    Public Health and its authorized representatives relating
16    to known or suspected cases of sexually transmitted
17    infection or any information the disclosure of which is
18    restricted under the Illinois Sexually Transmitted
19    Infection Control Act.
20        (e) Information the disclosure of which is exempted
21    under Section 30 of the Radon Industry Licensing Act.
22        (f) Firm performance evaluations under Section 55 of
23    the Architectural, Engineering, and Land Surveying
24    Qualifications Based Selection Act.
25        (g) Information the disclosure of which is restricted
26    and exempted under Section 50 of the Illinois Prepaid

 

 

SB0315 Engrossed- 35 -LRB104 06438 SPS 16474 b

1    Tuition Act.
2        (h) Information the disclosure of which is exempted
3    under the State Officials and Employees Ethics Act, and
4    records of any lawfully created State or local inspector
5    general's office that would be exempt if created or
6    obtained by an Executive Inspector General's office under
7    that Act.
8        (i) Information contained in a local emergency energy
9    plan submitted to a municipality in accordance with a
10    local emergency energy plan ordinance that is adopted
11    under Section 11-21.5-5 of the Illinois Municipal Code.
12        (j) Information and data concerning the distribution
13    of surcharge moneys collected and remitted by carriers
14    under the Emergency Telephone System Act.
15        (k) Law enforcement officer identification information
16    or driver identification information compiled by a law
17    enforcement agency or the Department of Transportation
18    under Section 11-212 of the Illinois Vehicle Code.
19        (l) Records and information provided to a residential
20    health care facility resident sexual assault and death
21    review team or the Executive Council under the Abuse
22    Prevention Review Team Act.
23        (m) Information provided to the predatory lending
24    database created pursuant to Article 3 of the Residential
25    Real Property Disclosure Act, except to the extent
26    authorized under that Article.

 

 

SB0315 Engrossed- 36 -LRB104 06438 SPS 16474 b

1        (n) Defense budgets and petitions for certification of
2    compensation and expenses for court appointed trial
3    counsel as provided under Sections 10 and 15 of the
4    Capital Crimes Litigation Act (repealed). This subsection
5    (n) shall apply until the conclusion of the trial of the
6    case, even if the prosecution chooses not to pursue the
7    death penalty prior to trial or sentencing.
8        (o) Information that is prohibited from being
9    disclosed under Section 4 of the Illinois Health and
10    Hazardous Substances Registry Act.
11        (p) Security portions of system safety program plans,
12    investigation reports, surveys, schedules, lists, data, or
13    information compiled, collected, or prepared by or for the
14    Department of Transportation under Sections 2705-300 and
15    2705-616 of the Department of Transportation Law of the
16    Civil Administrative Code of Illinois, the Northern
17    Illinois Transit Authority under Section 2.11 of the
18    Northern Illinois Transit Authority Act, or the St. Clair
19    County Transit District under the Bi-State Transit Safety
20    Act (repealed).
21        (q) Information prohibited from being disclosed by the
22    Personnel Record Review Act.
23        (r) Information prohibited from being disclosed by the
24    Illinois School Student Records Act.
25        (s) Information the disclosure of which is restricted
26    under Section 5-108 of the Public Utilities Act.

 

 

SB0315 Engrossed- 37 -LRB104 06438 SPS 16474 b

1        (t) (Blank).
2        (u) Records and information provided to an independent
3    team of experts under the Developmental Disability and
4    Mental Health Safety Act (also known as Brian's Law).
5        (v) Names and information of people who have applied
6    for or received Firearm Owner's Identification Cards under
7    the Firearm Owners Identification Card Act or applied for
8    or received a concealed carry license under the Firearm
9    Concealed Carry Act, unless otherwise authorized by the
10    Firearm Concealed Carry Act; and databases under the
11    Firearm Concealed Carry Act, records of the Concealed
12    Carry Licensing Review Board under the Firearm Concealed
13    Carry Act, and law enforcement agency objections under the
14    Firearm Concealed Carry Act.
15        (v-5) Records of the Firearm Owner's Identification
16    Card Review Board that are exempted from disclosure under
17    Section 10 of the Firearm Owners Identification Card Act.
18        (w) Personally identifiable information which is
19    exempted from disclosure under subsection (g) of Section
20    19.1 of the Toll Highway Act.
21        (x) Information which is exempted from disclosure
22    under Section 5-1014.3 of the Counties Code or Section
23    8-11-21 of the Illinois Municipal Code.
24        (y) Confidential information under the Adult
25    Protective Services Act and its predecessor enabling
26    statute, the Elder Abuse and Neglect Act, including

 

 

SB0315 Engrossed- 38 -LRB104 06438 SPS 16474 b

1    information about the identity and administrative finding
2    against any caregiver of a verified and substantiated
3    decision of abuse, neglect, or financial exploitation of
4    an eligible adult maintained in the Registry established
5    under Section 7.5 of the Adult Protective Services Act.
6        (z) Records and information provided to a fatality
7    review team or the Illinois Fatality Review Team Advisory
8    Council under Section 15 of the Adult Protective Services
9    Act.
10        (aa) Information which is exempted from disclosure
11    under Section 2.37 of the Wildlife Code.
12        (bb) Information which is or was prohibited from
13    disclosure by the Juvenile Court Act of 1987.
14        (cc) Recordings made under the Law Enforcement
15    Officer-Worn Body Camera Act, except to the extent
16    authorized under that Act.
17        (dd) Information that is prohibited from being
18    disclosed under Section 45 of the Condominium and Common
19    Interest Community Ombudsperson Act.
20        (ee) Information that is exempted from disclosure
21    under Section 30.1 of the Pharmacy Practice Act.
22        (ff) Information that is exempted from disclosure
23    under the Revised Uniform Unclaimed Property Act.
24        (gg) Information that is prohibited from being
25    disclosed under Section 7-603.5 of the Illinois Vehicle
26    Code.

 

 

SB0315 Engrossed- 39 -LRB104 06438 SPS 16474 b

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

 

 

SB0315 Engrossed- 40 -LRB104 06438 SPS 16474 b

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

 

 

SB0315 Engrossed- 41 -LRB104 06438 SPS 16474 b

1        (aaa) Information prohibited from being disclosed
2    under Section 1-167 of the Illinois Pension Code.
3        (bbb) Information that is prohibited from disclosure
4    by the Illinois Police Training Act and the Illinois State
5    Police Act.
6        (ccc) Records exempt from disclosure under Section
7    2605-304 of the Illinois State Police Law of the Civil
8    Administrative Code of Illinois.
9        (ddd) Information prohibited from being disclosed
10    under Section 35 of the Address Confidentiality for
11    Victims of Domestic Violence, Sexual Assault, Human
12    Trafficking, or Stalking Act.
13        (eee) Information prohibited from being disclosed
14    under subsection (b) of Section 75 of the Domestic
15    Violence Fatality Review Act.
16        (fff) Images from cameras under the Expressway Camera
17    Act and all automated license plate reader (ALPR)
18    information used and collected by the Illinois State
19    Police. "ALPR information" means information gathered by
20    an ALPR or created from the analysis of data generated by
21    an ALPR. This subsection (fff) is inoperative on and after
22    July 1, 2028.
23        (ggg) Information prohibited from disclosure under
24    paragraph (3) of subsection (a) of Section 14 of the Nurse
25    Agency Licensing Act.
26        (hhh) Information submitted to the Illinois State

 

 

SB0315 Engrossed- 42 -LRB104 06438 SPS 16474 b

1    Police in an affidavit or application for an assault
2    weapon endorsement, assault weapon attachment endorsement,
3    .50 caliber rifle endorsement, or .50 caliber cartridge
4    endorsement under the Firearm Owners Identification Card
5    Act.
6        (iii) Data exempt from disclosure under Section 50 of
7    the School Safety Drill Act.
8        (jjj) Information exempt from disclosure under Section
9    30 of the Insurance Data Security Law.
10        (kkk) Confidential business information prohibited
11    from disclosure under Section 45 of the Paint Stewardship
12    Act.
13        (lll) Data exempt from disclosure under Section
14    2-3.196 of the School Code.
15        (mmm) Information prohibited from being disclosed
16    under subsection (e) of Section 1-129 of the Illinois
17    Power Agency Act.
18        (nnn) Materials received by the Department of Commerce
19    and Economic Opportunity that are confidential under the
20    Music and Musicians Tax Credit and Jobs Act.
21        (ooo) Data or information provided pursuant to Section
22    20 of the Statewide Recycling Needs and Assessment Act.
23        (ppp) Information that is exempt from disclosure under
24    Section 28-11 of the Lawful Health Care Activity Act.
25        (qqq) Information that is exempt from disclosure under
26    Section 7-101 of the Illinois Human Rights Act.

 

 

SB0315 Engrossed- 43 -LRB104 06438 SPS 16474 b

1        (rrr) Information prohibited from being disclosed
2    under Section 4-2 of the Uniform Money Transmission
3    Modernization Act.
4        (sss) Information exempt from disclosure under Section
5    40 of the Student-Athlete Endorsement Rights Act.
6        (ttt) Audio recordings made under Section 30 of the
7    Illinois State Police Act, except to the extent authorized
8    under that Section.
9        (uuu) Information prohibited from being disclosed
10    under Section 30-5 of the Digital Assets Regulation Act.
11        (vvv) Information exempt from disclosure under
12    subsection (f) of Section 15 of the Artificial
13    Intelligence Safety Measures Act.
14(Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 6-9-23;
15103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff.
168-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592,
17eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24;
18103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff.
198-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 103-1081,
20eff. 3-21-25; 104-10, eff. 6-16-25; 104-18, eff. 6-30-25;
21104-417, eff. 8-15-25; 104-428, eff. 8-18-25; 104-457, eff.
226-1-26; revised 1-7-26.)
 
23    (Text of Section after amendment by P.A. 104-441)
24    Sec. 7.5. Statutory exemptions. To the extent provided for
25by the statutes referenced below, the following shall be

 

 

SB0315 Engrossed- 44 -LRB104 06438 SPS 16474 b

1exempt from inspection and copying:
2        (a) All information determined to be confidential
3    under Section 4002 of the Technology Advancement and
4    Development Act.
5        (b) Library circulation and order records identifying
6    library users with specific materials under the Library
7    Records Confidentiality Act.
8        (c) Applications, related documents, and medical
9    records received by the Experimental Organ Transplantation
10    Procedures Board and any and all documents or other
11    records prepared by the Experimental Organ Transplantation
12    Procedures Board or its staff relating to applications it
13    has received.
14        (d) Information and records held by the Department of
15    Public Health and its authorized representatives relating
16    to known or suspected cases of sexually transmitted
17    infection or any information the disclosure of which is
18    restricted under the Illinois Sexually Transmitted
19    Infection Control Act.
20        (e) Information the disclosure of which is exempted
21    under Section 30 of the Radon Industry Licensing Act.
22        (f) Firm performance evaluations under Section 55 of
23    the Architectural, Engineering, and Land Surveying
24    Qualifications Based Selection Act.
25        (g) Information the disclosure of which is restricted
26    and exempted under Section 50 of the Illinois Prepaid

 

 

SB0315 Engrossed- 45 -LRB104 06438 SPS 16474 b

1    Tuition Act.
2        (h) Information the disclosure of which is exempted
3    under the State Officials and Employees Ethics Act, and
4    records of any lawfully created State or local inspector
5    general's office that would be exempt if created or
6    obtained by an Executive Inspector General's office under
7    that Act.
8        (i) Information contained in a local emergency energy
9    plan submitted to a municipality in accordance with a
10    local emergency energy plan ordinance that is adopted
11    under Section 11-21.5-5 of the Illinois Municipal Code.
12        (j) Information and data concerning the distribution
13    of surcharge moneys collected and remitted by carriers
14    under the Emergency Telephone System Act.
15        (k) Law enforcement officer identification information
16    or driver identification information compiled by a law
17    enforcement agency or the Department of Transportation
18    under Section 11-212 of the Illinois Vehicle Code.
19        (l) Records and information provided to a residential
20    health care facility resident sexual assault and death
21    review team or the Executive Council under the Abuse
22    Prevention Review Team Act.
23        (m) Information provided to the predatory lending
24    database created pursuant to Article 3 of the Residential
25    Real Property Disclosure Act, except to the extent
26    authorized under that Article.

 

 

SB0315 Engrossed- 46 -LRB104 06438 SPS 16474 b

1        (n) Defense budgets and petitions for certification of
2    compensation and expenses for court appointed trial
3    counsel as provided under Sections 10 and 15 of the
4    Capital Crimes Litigation Act (repealed). This subsection
5    (n) shall apply until the conclusion of the trial of the
6    case, even if the prosecution chooses not to pursue the
7    death penalty prior to trial or sentencing.
8        (o) Information that is prohibited from being
9    disclosed under Section 4 of the Illinois Health and
10    Hazardous Substances Registry Act.
11        (p) Security portions of system safety program plans,
12    investigation reports, surveys, schedules, lists, data, or
13    information compiled, collected, or prepared by or for the
14    Department of Transportation under Sections 2705-300 and
15    2705-616 of the Department of Transportation Law of the
16    Civil Administrative Code of Illinois, the Northern
17    Illinois Transit Authority under Section 2.11 of the
18    Northern Illinois Transit Authority Act, or the St. Clair
19    County Transit District under the Bi-State Transit Safety
20    Act (repealed).
21        (q) Information prohibited from being disclosed by the
22    Personnel Record Review Act.
23        (r) Information prohibited from being disclosed by the
24    Illinois School Student Records Act.
25        (s) Information the disclosure of which is restricted
26    under Section 5-108 of the Public Utilities Act.

 

 

SB0315 Engrossed- 47 -LRB104 06438 SPS 16474 b

1        (t) (Blank).
2        (u) Records and information provided to an independent
3    team of experts under the Developmental Disability and
4    Mental Health Safety Act (also known as Brian's Law).
5        (v) Names and information of people who have applied
6    for or received Firearm Owner's Identification Cards under
7    the Firearm Owners Identification Card Act or applied for
8    or received a concealed carry license under the Firearm
9    Concealed Carry Act, unless otherwise authorized by the
10    Firearm Concealed Carry Act; and databases under the
11    Firearm Concealed Carry Act, records of the Concealed
12    Carry Licensing Review Board under the Firearm Concealed
13    Carry Act, and law enforcement agency objections under the
14    Firearm Concealed Carry Act.
15        (v-5) Records of the Firearm Owner's Identification
16    Card Review Board that are exempted from disclosure under
17    Section 10 of the Firearm Owners Identification Card Act.
18        (w) Personally identifiable information which is
19    exempted from disclosure under subsection (g) of Section
20    19.1 of the Toll Highway Act.
21        (x) Information which is exempted from disclosure
22    under Section 5-1014.3 of the Counties Code or Section
23    8-11-21 of the Illinois Municipal Code.
24        (y) Confidential information under the Adult
25    Protective Services Act and its predecessor enabling
26    statute, the Elder Abuse and Neglect Act, including

 

 

SB0315 Engrossed- 48 -LRB104 06438 SPS 16474 b

1    information about the identity and administrative finding
2    against any caregiver of a verified and substantiated
3    decision of abuse, neglect, or financial exploitation of
4    an eligible adult maintained in the Registry established
5    under Section 7.5 of the Adult Protective Services Act.
6        (z) Records and information provided to a fatality
7    review team or the Illinois Fatality Review Team Advisory
8    Council under Section 15 of the Adult Protective Services
9    Act.
10        (aa) Information which is exempted from disclosure
11    under Section 2.37 of the Wildlife Code.
12        (bb) Information which is or was prohibited from
13    disclosure by the Juvenile Court Act of 1987.
14        (cc) Recordings made under the Law Enforcement
15    Officer-Worn Body Camera Act, except to the extent
16    authorized under that Act.
17        (dd) Information that is prohibited from being
18    disclosed under Section 45 of the Condominium and Common
19    Interest Community Ombudsperson Act.
20        (ee) Information that is exempted from disclosure
21    under Section 30.1 of the Pharmacy Practice Act.
22        (ff) Information that is exempted from disclosure
23    under the Revised Uniform Unclaimed Property Act.
24        (gg) Information that is prohibited from being
25    disclosed under Section 7-603.5 of the Illinois Vehicle
26    Code.

 

 

SB0315 Engrossed- 49 -LRB104 06438 SPS 16474 b

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

 

 

SB0315 Engrossed- 50 -LRB104 06438 SPS 16474 b

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

 

 

SB0315 Engrossed- 51 -LRB104 06438 SPS 16474 b

1        (aaa) Information prohibited from being disclosed
2    under Section 1-167 of the Illinois Pension Code.
3        (bbb) Information that is prohibited from disclosure
4    by the Illinois Police Training Act and the Illinois State
5    Police Act.
6        (ccc) Records exempt from disclosure under Section
7    2605-304 of the Illinois State Police Law of the Civil
8    Administrative Code of Illinois.
9        (ddd) Information prohibited from being disclosed
10    under Section 35 of the Address Confidentiality for
11    Victims of Domestic Violence, Sexual Assault, Human
12    Trafficking, or Stalking Act.
13        (eee) Information prohibited from being disclosed
14    under subsection (b) of Section 75 of the Domestic
15    Violence Fatality Review Act.
16        (fff) Images from cameras under the Expressway Camera
17    Act and all automated license plate reader (ALPR)
18    information used and collected by the Illinois State
19    Police. "ALPR information" means information gathered by
20    an ALPR or created from the analysis of data generated by
21    an ALPR. This subsection (fff) is inoperative on and after
22    July 1, 2028.
23        (ggg) Information prohibited from disclosure under
24    paragraph (3) of subsection (a) of Section 14 of the Nurse
25    Agency Licensing Act.
26        (hhh) Information submitted to the Illinois State

 

 

SB0315 Engrossed- 52 -LRB104 06438 SPS 16474 b

1    Police in an affidavit or application for an assault
2    weapon endorsement, assault weapon attachment endorsement,
3    .50 caliber rifle endorsement, or .50 caliber cartridge
4    endorsement under the Firearm Owners Identification Card
5    Act.
6        (iii) Data exempt from disclosure under Section 50 of
7    the School Safety Drill Act.
8        (jjj) Information exempt from disclosure under Section
9    30 of the Insurance Data Security Law.
10        (kkk) Confidential business information prohibited
11    from disclosure under Section 45 of the Paint Stewardship
12    Act.
13        (lll) Data exempt from disclosure under Section
14    2-3.196 of the School Code.
15        (mmm) Information prohibited from being disclosed
16    under subsection (e) of Section 1-129 of the Illinois
17    Power Agency Act.
18        (nnn) Materials received by the Department of Commerce
19    and Economic Opportunity that are confidential under the
20    Music and Musicians Tax Credit and Jobs Act.
21        (ooo) Data or information provided pursuant to Section
22    20 of the Statewide Recycling Needs and Assessment Act.
23        (ppp) Information that is exempt from disclosure under
24    Section 28-11 of the Lawful Health Care Activity Act.
25        (qqq) Information that is exempt from disclosure under
26    Section 7-101 of the Illinois Human Rights Act.

 

 

SB0315 Engrossed- 53 -LRB104 06438 SPS 16474 b

1        (rrr) Information prohibited from being disclosed
2    under Section 4-2 of the Uniform Money Transmission
3    Modernization Act.
4        (sss) Information exempt from disclosure under Section
5    40 of the Student-Athlete Endorsement Rights Act.
6        (ttt) Audio recordings made under Section 30 of the
7    Illinois State Police Act, except to the extent authorized
8    under that Section.
9        (uuu) Information prohibited from being disclosed
10    under Section 30-5 of the Digital Assets Regulation Act.
11        (vvv) (uuu) Information exempt from disclosure under
12    Section 70 of the End-of-Life Options for Terminally Ill
13    Patients Act.
14        (www) Information exempt from disclosure under
15    subsection (f) of Section 15 of the Artificial
16    Intelligence Safety Measures Act.
17(Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 6-9-23;
18103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff.
198-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592,
20eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24;
21103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff.
228-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 103-1081,
23eff. 3-21-25; 104-10, eff. 6-16-25; 104-18, eff. 6-30-25;
24104-417, eff. 8-15-25; 104-428, eff. 8-18-25; 104-441, eff.
259-12-26; 104-457, eff. 6-1-26; revised 1-7-26.)
 

 

 

SB0315 Engrossed- 54 -LRB104 06438 SPS 16474 b

1    Section 90. The Whistleblower Act is amended by changing
2Section 15 as follows:
 
3    (740 ILCS 174/15)
4    Sec. 15. Retaliation for certain disclosures prohibited.
5    (a) An employer may not take retaliatory action against an
6employee who discloses or threatens to disclose to a public
7body conducting an investigation, or in a court, an
8administrative hearing, or any other proceeding initiated by a
9public body, information related to an activity, policy, or
10practice of the employer, where the employee has a good faith
11belief that the activity, policy, or practice (i) violates a
12State or federal law, rule, or regulation or (ii) poses a
13substantial and specific danger to employees, public health,
14or safety.
15    (b) An employer may not take retaliatory action against an
16employee for disclosing or threatening to disclose information
17to a government or law enforcement agency information related
18to an activity, policy, or practice of the employer, where the
19employee has a good faith belief that the activity, policy, or
20practice of the employer (i) violates a State or federal law,
21rule, or regulation or (ii) poses a substantial and specific
22danger to employees, public health, or safety.
23    (c) An employer may not take retaliatory action against an
24employee for disclosing or threatening to disclose to any
25supervisor, principal officer, board member, or supervisor in

 

 

SB0315 Engrossed- 55 -LRB104 06438 SPS 16474 b

1an organization that has a contractual relationship with the
2employer who makes the employer aware of the disclosure,
3information related to an activity, policy, or practice of the
4employer if the employee has a good faith belief that the
5activity, policy, or practice (i) violates a State or federal
6law, rule, or regulation or (ii) poses a substantial and
7specific danger to employees, public health, or safety.
8    (d) An employer may not take retaliatory action against an
9employee for disclosing or threatening to disclose in good
10faith any violation of Section 5-10 of the Illinois Bivens
11Act.
12    (e) An employer may not take retaliatory action against an
13employee for disclosing or threatening to disclose in good
14faith any violation of the Artificial Intelligence Safety
15Measures Act.    
16(Source: P.A. 103-867, eff. 1-1-25; 104-417, eff. 8-15-25;
17104-440, eff. 12-9-25.)
 
18    Section 95. No acceleration or delay. Where this Act makes
19changes in a statute that is represented in this Act by text
20that is not yet or no longer in effect (for example, a Section
21represented by multiple versions), the use of that text does
22not accelerate or delay the taking effect of (i) the changes
23made by this Act or (ii) provisions derived from any other
24Public Act.
 

 

 

SB0315 Engrossed- 56 -LRB104 06438 SPS 16474 b

1    Section 97. Severability. The provisions of this Act are
2severable under Section 1.31 of the Statute on Statutes.
 
3    Section 99. Effective date. This Act takes effect January
41, 2027.