SB2418 103RD GENERAL ASSEMBLY

LRB103 27438 LNS 53810 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2418

Introduced 2/10/2023, by Sen. Sara Feigenholtz

SYNOPSIS AS INTRODUCED:

See Index

Creates the Donor-Conceived Persons and Families of Donor-Conceived Persons Protection Act. Requires a gamete agency, gamete bank, or fertility clinic to: collect and maintain identifying information and medical history from a donor; obtain a declaration from a donor agreeing to an identity disclosure; provide a donor-conceived person, upon request, with the identifying information of the donor; provide a donor-conceived person, or the parents of a minor donor-conceived person, upon request, nonidentifying medical history of the donor; permanently maintain other specified information; submit a proposed plan to permanently maintain records in the event of dissolution, insolvency, or bankruptcy; and comply with federal reporting requirements. Requires the Department of Public Health to develop written materials for intended recipient parents and gamete donors, which shall be provided to the intended recipient parents and gamete donors by a gamete agency, gamete bank, or fertility clinic. Provides for limitations regarding: the number of families established with gamete matches; the number of donor retrieval cycles per ovum donor; and the age of donors. On or after January 1, 2025, requires a gamete agency, gamete bank, or fertility clinic to be licensed by the Department, and includes application and renewal procedures. Requires the Department to establish a schedule of fees to meet the direct and indirect costs of administration and enforcement of the Act, including a fee for licensure, to be deposited into the Gamete Agency, Gamete Bank, or Fertility Clinic Fund. Allows the Department to issue a provisional license. Provides that it is a violation of the Act for any person, corporation, or other entity to operate as a gamete agency, gamete bank, or fertility clinic without a valid license or in violation of the terms and conditions of a license. Allows the Department to revoke or refuse to renew a license or assess a civil penalty of not more than $20,000 for each day the person violates the Act. Makes conforming changes in the Freedom of Information Act, the State Finance Act, and the Illinois Parentage Act of 2015. Effective immediately.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Donor-Conceived Persons and Families of Donor-Conceived Persons Protection Act.

Section 5. Legislative intent.

(a) Many Illinoisans are conceived or establish their families through some form of assisted reproductive technology involving a third party sperm, egg, or embryo provider, also known as a gamete "donor", whose identity is unknown to the family at the time of donation. A person conceived through assisted reproduction with a donor are referred to in this Act as a "donor-conceived person".

(b) The interests of donor-conceived persons must be considered and protected. Information about the personal and family medical history of the gamete donors used in conception can impact medical care for donor-conceived persons and their children, and nonidentifying medical information about the gamete donor used in conception must be available to all donor-conceived persons and their parents.

(c) It is important to many, but not all, donor-conceived persons to know the identity of the gamete donor used in their conception. A donor-conceived person must have the ability to access identifying information about the gamete donor used in the donor-conceived person's conception on or after the donor-conceived person reaches 18 years of age. Some donor-conceived persons are or may be interested in contact with the donor and among persons conceived and families established with the same donor who was unknown to the donor-conceived person's recipient parents at the time of donation. A limit on the number of families per donor per gamete agency, gamete bank, or fertility clinic furthers the ability of these donor-conceived persons to establish this contact.

(d) Studies have shown that family secrecy about family formation can negatively affect children and family relationships.

(e) Before using donated gametes, people who are considering using donated gametes to conceive children should have access to more information and resources about donor-conceived persons, including tools and resources for discussing donor conception with their children in ways that are age-appropriate and reflect the interests and lived experience of donor-conceived persons.

(f) Before donating gametes, gamete donors should have access to information and resources about the interests of donor-conceived persons and have clarity about the information that may be shared with recipient parents and donor-conceived persons.

(g) The General Assembly finds that to protect the health and welfare of donor-conceived persons and their families in Illinois, the State has a compelling interest to enact the Donor-Conceived Persons and Families of Donor-Conceived Persons Protection Act to regulate the use of donated gametes and provided by gamete agencies, gamete banks, or fertility clinics located inside or outside of Illinois to recipients in or residents of Illinois.

Section 10. Definitions. As used in this Act:

"Assisted reproduction" means a method of achieving a pregnancy through an artificial insemination or embryo transfer, including gamete and embryo donation. "Assisted reproduction" does not include any pregnancy achieved through sexual intercourse.

"Department" means the Department of Public Health.

"Donor" means an individual who participates in an assisted reproductive technology arrangement by providing gametes and relinquishes all rights and responsibilities to the gametes so that another individual or individuals may become the legal parent or parents of any resulting child. "Donor" does not include a spouse in any assisted reproductive technology arrangement in which his or her spouse will parent any resulting child.

"Donor-conceived person" means an individual of any age who was born as a result of assisted reproduction using gametes from a donor unknown to the recipient parent or parents at the time of donation.

"Fertility clinic" means an entity or organization that performs assisted reproduction medical procedures and receives donor gametes for a recipient in, or who is a resident of, this State, and the recipient and gamete donor are unknown to each other at the time of donation.

"Gamete" means an unfertilized oocyte or sperm.

"Gamete agency" means an oocyte or sperm donor matching agency located within or outside of this State and matches gamete donors with recipients in, or who are residents of, this State, and the potential recipients and gamete donors are unknown to each other at the time of donation.

"Gamete bank" means an entity or organization that collects gametes from a donor or receives embryos and provides gametes or embryos to a recipient parent or parents or the recipient parent's medical provider when the recipient and donor are unknown to each other at the time of donation, and that is located within or outside of this State and provides gametes or embryos to a recipient parent or parents in, or who are residents of, this State.

"Identifying information" means:

(1) the donor's full name;

(2) the donor's date of birth; and

(3) the donor's permanent and, if different, current address or other contact information at the time of the donation, or, if different the donor's current address or other contact information or both as retained by the gamete agency, gamete bank, or fertility clinic.

"Matches" or "matches gametes" means the process of matching a donor with a recipient in, or who is a resident of, this State.

"Medical history" means information regarding any:

(1) present physical illness of the donor;

(2) past illness of the donor; and

(3) social, genetic, and family medical history pertaining to the donor's health.

"Mental health professional" means a person who is a licensed psychiatrist, clinical psychologist, or professional counselor.

"Recipient" or "recipient parent" means a person who receives donor gametes or embryos as an intended parent from a gamete agency, gamete bank, or fertility clinic for use in assisted reproduction for the purpose of conceiving a child.

Section 15. Collection of identifying information and medical history; applicability.

(a) Except as provided in subsection (c), a gamete agency, gamete bank, or fertility clinic that collects gametes from a donor or matches a donor with a recipient shall collect the donor's identifying information and medical history and shall make a good-faith effort to maintain current contact information and updates on medical history of the donor by requesting updates from the donor at least once every 3 years.

(b) A gamete agency, gamete bank, or fertility clinic that receives gametes or embryos collected by a different gamete agency, gamete bank, or fertility clinic shall collect the name, address, telephone number, and email address of the gamete agency, gamete bank, or fertility clinic from which it received the gametes or embryos at the time it receives gametes or embryos. A gamete bank or fertility clinic that collects gametes from a donor who was matched with a recipient by a gamete agency that is a separate entity shall collect and maintain the name, address, telephone number, and email address of that gamete agency.

(c) A fertility clinic that collects gametes from a donor who was matched with a recipient by a gamete agency that is a separate entity is not subject to the requirements of subsection (a), but shall provide copies of any and all medical and screening records of the donor, including the results of genetic testing, to the gamete agency that matched the donor.

(d) A gamete agency, gamete bank, or fertility clinic shall disclose the information collected under subsections (a) through (c) as required by Section 30.

(e) This Section only applies to gametes collected and embryos formed with gametes collected by a gamete agency, gamete bank, or fertility clinic on or after January 1, 2025 for use by a recipient parent or parents who are unknown to the donor at the time of the donation.

Section 20. Declaration regarding disclosure of identifying information and medical history; applicability.

(a) Except as provided in subsection (e), a gamete agency, gamete bank, or fertility clinic that matches or collects gametes from a donor who is unknown to the recipient parent or parents at the time of the donation shall:

(1) provide the donor with information about disclosure of identifying information and medical history in its records;

(2) obtain a declaration from the donor agreeing to the identity disclosure described in subsection (b); and

(3) maintain identifying information and medical history about each donor.

This information shall be maintained in a manner that protects donor privacy consistent with applicable State and federal laws.

(b) Except as provided in subsection (e), a gamete agency, gamete bank, or fertility clinic shall have each donor sign a declaration, attested by a notarial officer or witnesses, that the donor agrees to the disclosure of the donor's identity to a donor-conceived person conceived with the donor's gametes or embryo formed with the donor's gametes on request of the donor-conceived person after the donor-conceived person is 18 years of age or older.

(c) A gamete agency, gamete bank, or fertility clinic located in this State shall not match or collect gametes from a donor who does not agree to the disclosure of the donor's identity as set forth in subsection (b).

(d) A gamete agency, gamete bank, or fertility clinic located outside of this State shall not match or provide gametes from a donor who does not agree to the disclosure of the donor's identity as set forth in subsection (b) to a recipient parent or parents located in, or who are residents of, this State.

(e) A gamete bank or fertility clinic that collects gametes from a donor who was matched with a recipient by a gamete agency that is a separate entity is not subject to the requirements of subsection (a) or (b).

(f) This Section applies only to gametes collected and embryos formed with gametes collected by a gamete agency, gamete bank, or fertility clinic on or after January 1, 2025, for use by a recipient parent or parents who are unknown to the donor at the time of the donation.

Section 25. Disclosure of identifying information and medical history; applicability.

(a) Except as provided in subsection (d), upon the request of a donor-conceived person who is 18 years of age or older, a gamete agency, gamete bank, or fertility clinic that matched or collected the gametes used in the assisted reproduction of such donor-conceived person shall provide the donor-conceived person with the identifying information of the donor who provided the gametes or embryo. A gamete agency, gamete bank, or fertility clinic shall not impede or prohibit compliance with this Section or communication between:

(1) an adult donor-conceived person and the donor whose gametes were used to conceive the donor-conceived person; or

(2) an adult donor-conceived person and the adult donor-conceived person's friends, family, or other third parties about the donor whose gametes were used to conceive the donor-conceived person.

(b) Except as provided in subsection (d), upon the request of a donor-conceived person who is 18 years of age or older, or, if the donor-conceived person is a minor, by a parent or guardian of the minor donor-conceived person, a gamete agency, gamete bank, or fertility clinic that matched or collected the gametes used in the assisted reproduction, regardless of whether the gamete agency, gamete bank, or fertility clinic performed the assisted reproduction, shall provide the donor-conceived person, or, if the donor-conceived person is a minor, the parent or guardian of the minor donor-conceived person, access to any nonidentifying medical history of the donor that is maintained by the gamete agency, gamete bank, or fertility clinic.

(c) Upon the request of a donor-conceived person who is 18 years of age or older, or, if the donor-conceived person is a minor, a parent or guardian of the minor donor-conceived person:

(1) A gamete agency, gamete bank, or fertility clinic that received the gametes or embryo used in the assisted reproduction from another gamete agency, gamete bank, or fertility clinic shall disclose the name, address, telephone number, and email address of the gamete agency, gamete bank, or fertility clinic from which it received the gametes or embryo.

(2) A gamete bank or fertility clinic that collected gametes from a donor who was matched with a recipient by a gamete agency that is a separate entity shall disclose the name, address, telephone number, and email address of the gamete agency that matched the donor and the recipient.

(d) A gamete bank or fertility clinic that collects gametes from a donor who was matched with a recipient by a gamete agency that is a separate entity is not subject to the requirements of subsection (a) or (b).

(e) Subsections (a) and (b) apply only to gametes collected and embryos formed with gametes collected by a gamete agency, gamete bank, or fertility clinic on or after January 1, 2025, for use by a recipient parent or parents who are unknown to the donor at the time of the donation. Subsection (c) applies only to gametes or embryos received by a gamete agency, gamete bank, or fertility clinic on or after July 1, 2024.

Section 30. Recordkeeping; successor recordkeeper; applicability.

(a) Except as provided in subsection (f), a gamete agency, gamete bank, or fertility clinic shall permanently maintain:

(1) identifying information and medical history for each donor with which it matches or from which it collects gametes for use by a recipient parent or parents who are unknown to the donor at the time of the donation;

(2) information about the number of families established with each donor's gametes and the efforts of the gamete agency, gamete bank, or fertility clinic to obtain that information under Section 40; and

(3) records of gamete screening and testing.

(b) A gamete agency, gamete bank, or fertility clinic that receives gametes or embryos from another gamete agency, gamete bank, or fertility clinic shall permanently maintain the name, address, telephone number, and email address of the gamete agency, gamete bank, or fertility clinic from which it received the gametes or embryos. A gamete bank or fertility clinic that collected gametes from a donor who was matched with a recipient by a gamete agency that is a separate entity shall permanently maintain the name, address, telephone number, and email address of the gamete agency that matched the donor and the recipient.

(c) Except as provided in subsection (f), in its application for a license under Section 45, a gamete agency, gamete bank, or fertility clinic shall submit a proposed plan to permanently maintain the records described in subsections (a) and (b) in the event of dissolution, insolvency, or bankruptcy. The plan may include identification of a named entity to receive or maintain the records, obtaining a surety bond in favor of a third party in an amount sufficient to cover the costs of permanent recordkeeping, an obligation to condition any sale on the acquiring entity's obligation to maintain records consistent with this Section, or similar methods. The Department shall not issue a license under Section 45 until it approves a plan that it finds sufficient to ensure that the records will be permanently maintained by a viable entity.

(d) Except as provided in subsection (f), upon dissolution, insolvency, or bankruptcy, a gamete agency, gamete bank, or fertility clinic shall:

(1) implement the plan approved by the Department pursuant to subsection (c);

(2) file with the Department a statement providing the name and contact information of the successor entity, if any, that will receive and maintain the records described in subsections (a) and (b); and

(3) inform by mail and email sent to the last known address on file all gamete donors whose gametes were collected, matched, or received by the gamete agency, gamete bank, or fertility clinic, as well as recipient parents who received gametes or embryos from the gamete agency, gamete bank, or fertility clinic and reported a pregnancy or live birth, the name and contact information of the successor entity that will receive and maintain the records described in subsections (a) and (b).

(e) A gamete agency, gamete bank, or fertility clinic shall comply with reporting requirements about gamete screening and testing in accordance with federal law and applicable laws of this State in addition to those set forth in this Act.

(f) A gamete bank or fertility clinic that collects gametes from a donor who was matched with a recipient by a gamete agency that is a separate entity is not subject to the requirements of subsection (a), (c), or (d).

(g) Subsection (b) applies only to gametes or embryos matched or received on or after July 1, 2024. Subsections (a), (c), and (d) apply only to gametes matched or collected on or after January 1, 2025, for use by a recipient parent or parents who are unknown to the donor at the time of the donation.

Section 35. Written materials for recipient parents and gamete donors.

(a) On or before January 1, 2025, the Department shall develop written materials for intended recipient parents. The Department shall develop the materials in conjunction with licensed mental health professionals who have prior documented experience counseling gamete donors, recipients, and donor-conceived persons, as well as experience and competency in counseling families with lesbian, gay, bisexual, and gender-diverse parents and single parents, along with organizations representing these communities. The materials must include information on the following subjects:

(1) that, in light of studies showing that family secrecy about family formation can negatively affect children and family relationships, telling a donor-conceived child at a young age, in an age-appropriate manner, that the child is donor-conceived is associated with improved family functioning and well-being of the donor-conceived child;

(2) the ability, and available tools for discussing the ability, that a donor-conceived person will have to learn the identity of the donor of the gametes used in the donor-conceived person's conception and the importance of understanding that many, but not all, donor-conceived persons have a strong desire to know the identity of the donor and of other donor-conceived persons conceived with the same donor's gametes;

(3) the needs and interests of donor-conceived persons;

(4) the limitations of donor screening;

(5) future implications for the donor-conceived person given that there may be other persons in other families conceived with the same donor's gametes; and

(6) future implications of receiving medical history updates about the donor or other persons conceived with the same donor's gametes.

(b) On or before January 1, 2025, the Department shall develop written materials for gamete donors. The Department shall develop the materials in conjunction with licensed mental health professionals who have prior documented experience counseling gamete donors, recipients, and donor-conceived persons, as well as experience and competency in counseling families with lesbian, gay, bisexual, and gender-diverse parents and single parents, along with organizations representing these communities. The materials must include information on the following subjects:

(1) understanding the potential emotional and social impacts of donating gametes;

(2) understanding what information will be disclosed to the recipient parent or parents and donor-conceived persons;

(3) understanding the potential for the birth of children in multiple families using the donor's gametes; and

(4) understanding the future potential disclosure of the donor's identifying information to a person conceived with the donor's gametes.

(c) A gamete agency, gamete bank, or fertility clinic located in this State shall:

(1) prior to an intended recipient matching with or receiving donor gametes obtained through that gamete agency, gamete bank, or fertility clinic, provide the written materials described in subsection (a) to each intended recipient of gametes from a donor who is unknown to the recipient or recipients; and

(2) prior to the donation of gametes by a donor, provide the written materials described in subsection (b) to each potential donor of gametes collected by the gamete agency, gamete bank, or fertility clinic from a donor who is unknown to the recipient or recipients and discuss these materials with the donor. Donor receipt of the written materials is not in lieu of any mental health evaluations of an unknown donor that are required by the individual practices of a gamete agency, gamete bank, or fertility clinic.

(d) A gamete agency, gamete bank, or fertility clinic located outside of this State that either matches donors to or provides gametes or embryos to recipients in, or who are residents of, this State shall:

(1) prior to an intended recipient matching with or receiving donor gametes, provide written materials to recipients that, at a minimum, cover the topics described in subsection (a); and

(2) prior to the donation of gametes by a donor, provide written materials to the donor that, at a minimum, cover the topics described in subsection (b) and discuss these materials with the donor. Donor receipt of the written materials is not in lieu of any mental health evaluations of an unknown ovum donor that are required by the individual practices of a gamete agency, gamete bank, or fertility clinic.

Section 40. Donor limits.

(a) Except as provided in subsection (d), a gamete agency, gamete bank, or fertility clinic shall make a good-faith effort to determine how many families are established with gametes matched or provided by the gamete agency, gamete bank, or fertility clinic from each donor by conducting sufficient recordkeeping, requiring recipients, as a condition of receiving donor gametes, to provide information on live births, and requesting information from recipients on live births, and using industry best practices, including methods or processes to account for the number or percentage of live births that are likely not reported, such as the correlation between the number of units of donor gametes sold or released and the resulting live births. A gamete agency, gamete bank, or fertility clinic shall not match or provide gametes from a donor to additional families once the gamete agency, gamete bank, or fertility clinic has record of or should reasonably know that 25 families have been established using a single donor's gametes in or outside of this State, with no limit on the number of children conceived by each of the families, unless the donor requests, and the gamete agency, gamete bank, or fertility clinic agrees to, a lower limit on the number of families. This limit does not include any children conceived by the donor as a parent or children conceived with the donor's gametes when the donor is known to the recipient parent or parents at the time of the donation. This limit does not include donations of embryos from one family to another family.

For the purposes of this subsection, a family is considered established when a recipient parent or parents conceive a child using gametes from a donor and a live birth results or likely resulted. A gamete agency, gamete bank, or fertility clinic shall make reasonable good-faith efforts, and document such efforts, to obtain information from a recipient parent about whether and when a live birth has occurred, including requesting such information from a recipient parent or the parent's medical provider using multiple commercially reasonable methods.

(b) On or before January 1, 2025, the Department shall adopt a rule establishing a limit on the total number of donor retrieval cycles per ovum donor, which must not exceed a lifetime limit of 6 cycles per ovum donor. In adopting the rule, the Department shall establish rules that are consistent with the clinical standards for appropriate practice in this field. In adopting the rule, the Department may consider adopting an exception to this limit for prior donors who provide informed consent to undergo additional retrieval cycles for families intending to conceive a child using the same donor used to conceive their other child.

(c) A donor must be at least 21 years of age or older at the time of collection of gametes, and a gamete agency, gamete bank, or fertility clinic shall verify the age of the donor at the time of the collection of gametes.

(d) A gamete agency, gamete bank, or fertility clinic that collects gametes from a donor who was matched with a recipient by a gamete agency that is a separate entity is not subject to the requirements of subsection (a).

(e) This Section applies only to gametes matched or collected on or after January 1, 2025, for use by recipient parents who are unknown to the donor at the time of the donation.

Section 45. License required.

(a) On or after January 1, 2025, a gamete agency, gamete bank, or fertility clinic shall not operate as a gamete agency, gamete bank, or fertility clinic in this State, or match or provide gametes or embryos to recipients in this State, without having first obtained a license from the Department. Such license is conditioned on compliance with the applicable standards, requirements, and other provisions of this Act and its implementing rules.

(b) A gamete agency, gamete bank, or fertility clinic shall submit an annual application and fee for a license to operate on the form and in the manner prescribed by the Department.

On or before January 1, 2025, the Department shall adopt rules establishing a schedule of fees of not more than $500 per year, subject to annual adjustment for inflation to help meet the direct and indirect costs of administration and enforcement of this Act. A gamete agency, gamete bank, or fertility clinic that is a nonprofit organization is exempt from such fees.

The Department shall assess and collect, from each gamete agency, gamete bank, or fertility clinic that is applying for licensure under this Section, a fee in accordance with the fee schedule established by the Department under this subsection.

The Department shall transmit fees collected under this Section to the Gamete Agency, Gamete Bank, or Fertility Clinic Fund.

Fees collected under this subsection may be used by the Department to provide technical assistance and education to the public and to gamete agencies, gamete banks, or fertility clinics related to the provision of and compliance with State law, in addition to regulatory and administrative functions. The Department may contract with private entities to assist the Department in providing technical assistance and education but not in providing regulatory or administrative functions.

(c) The Department shall investigate and review each original application and each renewal application for a license to operate as a gamete agency, gamete bank, or fertility clinic. The Department shall determine an applicant's compliance with this Act, and the rules adopted pursuant to this Act, for the collection and provision of gametes from donors who are unknown to a recipient at the time of the donation before issuing a license.

The gamete agency, gamete bank, or fertility clinic shall submit in writing, in a form prescribed by the Department, a corrective action plan detailing the measures it will take to correct any violations found by the Department as a result of inspections undertaken in accordance with this subsection. The Department shall conduct a follow-up inspection to ensure implementation of the corrective action plan.

The Department shall not retain any identifying information about donors, recipients, or donor-conceived persons, and shall keep confidential all health care information or documents obtained or viewed during an inspection or investigation of a gamete agency, gamete bank, or fertility clinic under this subsection. All records, information, or documents so obtained are exempt from disclosure under the Freedom of Information Act.

(d) Except as otherwise provided in subsection (e), the Department shall issue or renew a license to operate as a gamete agency, gamete bank, or fertility clinic when it is satisfied that the applicant or licensee is in compliance with the requirements set forth in this Act and the rules adopted under this Act. Except for a provisional license issued in accordance with subsection (e), a license issued or renewed under this Section expires one year after the date of issuance or renewal. This Act does not convey a property right to a license and the Department may suspend or revoke a license for cause.

(e) The Department may issue a provisional license to operate as a gamete agency, gamete bank, or fertility clinic to an applicant for the purpose of operating as a gamete agency, gamete bank, or fertility clinic for a period of 90 days if the applicant is temporarily unable to conform to all of the standards required under this Act. As a condition of obtaining a provisional license, the applicant shall show proof to the Department that significant good-faith attempts are being made to conform and comply with the applicable standards required under this Act. The Department may issue a second provisional license, for a like term and fee, to effect compliance. A further provisional license shall not be issued for the current year after the second issuance.

(f) It is a violation of this Act for any person, corporation, or other entity to operate as a gamete agency, gamete bank, or fertility clinic in this State without a valid license or in violation of the terms and conditions of a license. The Department may revoke or refuse to renew the license of a licensed gamete agency, gamete bank, or fertility clinic that fails to adhere to the terms and conditions of its license and the standards and requirements established by rule under this Act.

The Department may assess a civil penalty of not more than $20,000, adjusted annually for inflation, for each day the person is in violation of this Act. The assessed penalty accrues from the date the Department finds that the person, corporation, or entity is in violation of this Act.

Section 50. Rules. The Department shall adopt rules as necessary to implement this Act.

Section 55. The Gamete Agency, Gamete Bank, or Fertility Clinic Fund; creation. The Gamete Agency, Gamete Bank, or Fertility Clinic Fund is created as a special fund in the State treasury. The Fund shall consist of any moneys deposited into the Fund as provided under subsection (b) of Section 45. Moneys shall be expended by the Department as provided under subsection (b) of Section 45 and for no other purpose. All interest earned on moneys in the Fund shall be deposited into the Fund.

Section 60. The Freedom of Information Act is amended by changing Section 7.5 as follows:

(5 ILCS 140/7.5)

Sec. 7.5. Statutory exemptions. To the extent provided for by the statutes referenced below, the following shall be exempt from inspection and copying:

(a) All information determined to be confidential under Section 4002 of the Technology Advancement and Development Act.

(b) Library circulation and order records identifying library users with specific materials under the Library Records Confidentiality Act.

(c) Applications, related documents, and medical records received by the Experimental Organ Transplantation Procedures Board and any and all documents or other records prepared by the Experimental Organ Transplantation Procedures Board or its staff relating to applications it has received.

(d) Information and records held by the Department of Public Health and its authorized representatives relating to known or suspected cases of sexually transmissible disease or any information the disclosure of which is restricted under the Illinois Sexually Transmissible Disease Control Act.

(e) Information the disclosure of which is exempted under Section 30 of the Radon Industry Licensing Act.

(f) Firm performance evaluations under Section 55 of the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act.

(g) Information the disclosure of which is restricted and exempted under Section 50 of the Illinois Prepaid Tuition Act.

(h) Information the disclosure of which is exempted under the State Officials and Employees Ethics Act, and records of any lawfully created State or local inspector general's office that would be exempt if created or obtained by an Executive Inspector General's office under that Act.

(i) Information contained in a local emergency energy plan submitted to a municipality in accordance with a local emergency energy plan ordinance that is adopted under Section 11-21.5-5 of the Illinois Municipal Code.

(j) Information and data concerning the distribution of surcharge moneys collected and remitted by carriers under the Emergency Telephone System Act.

(k) Law enforcement officer identification information or driver identification information compiled by a law enforcement agency or the Department of Transportation under Section 11-212 of the Illinois Vehicle Code.

(l) Records and information provided to a residential health care facility resident sexual assault and death review team or the Executive Council under the Abuse Prevention Review Team Act.

(m) Information provided to the predatory lending database created pursuant to Article 3 of the Residential Real Property Disclosure Act, except to the extent authorized under that Article.

(n) Defense budgets and petitions for certification of compensation and expenses for court appointed trial counsel as provided under Sections 10 and 15 of the Capital Crimes Litigation Act. This subsection (n) shall apply until the conclusion of the trial of the case, even if the prosecution chooses not to pursue the death penalty prior to trial or sentencing.

(o) Information that is prohibited from being disclosed under Section 4 of the Illinois Health and Hazardous Substances Registry Act.

(p) Security portions of system safety program plans, investigation reports, surveys, schedules, lists, data, or information compiled, collected, or prepared by or for the Department of Transportation under Sections 2705-300 and 2705-616 of the Department of Transportation Law of the Civil Administrative Code of Illinois, the Regional Transportation Authority under Section 2.11 of the Regional Transportation Authority Act, or the St. Clair County Transit District under the Bi-State Transit Safety Act.

(q) Information prohibited from being disclosed by the Personnel Record Review Act.

(r) Information prohibited from being disclosed by the Illinois School Student Records Act.

(s) Information the disclosure of which is restricted under Section 5-108 of the Public Utilities Act.

(t) All identified or deidentified health information in the form of health data or medical records contained in, stored in, submitted to, transferred by, or released from the Illinois Health Information Exchange, and identified or deidentified health information in the form of health data and medical records of the Illinois Health Information Exchange in the possession of the Illinois Health Information Exchange Office due to its administration of the Illinois Health Information Exchange. The terms "identified" and "deidentified" shall be given the same meaning as in the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, or any subsequent amendments thereto, and any regulations promulgated thereunder.

(u) Records and information provided to an independent team of experts under the Developmental Disability and Mental Health Safety Act (also known as Brian's Law).

(v) Names and information of people who have applied for or received Firearm Owner's Identification Cards under the Firearm Owners Identification Card Act or applied for or received a concealed carry license under the Firearm Concealed Carry Act, unless otherwise authorized by the Firearm Concealed Carry Act; and databases under the Firearm Concealed Carry Act, records of the Concealed Carry Licensing Review Board under the Firearm Concealed Carry Act, and law enforcement agency objections under the Firearm Concealed Carry Act.

(v-5) Records of the Firearm Owner's Identification Card Review Board that are exempted from disclosure under Section 10 of the Firearm Owners Identification Card Act.

(w) Personally identifiable information which is exempted from disclosure under subsection (g) of Section 19.1 of the Toll Highway Act.

(x) Information which is exempted from disclosure under Section 5-1014.3 of the Counties Code or Section 8-11-21 of the Illinois Municipal Code.

(y) Confidential information under the Adult Protective Services Act and its predecessor enabling statute, the Elder Abuse and Neglect Act, including information about the identity and administrative finding against any caregiver of a verified and substantiated decision of abuse, neglect, or financial exploitation of an eligible adult maintained in the Registry established under Section 7.5 of the Adult Protective Services Act.

(z) Records and information provided to a fatality review team or the Illinois Fatality Review Team Advisory Council under Section 15 of the Adult Protective Services Act.

(aa) Information which is exempted from disclosure under Section 2.37 of the Wildlife Code.

(bb) Information which is or was prohibited from disclosure by the Juvenile Court Act of 1987.

(cc) Recordings made under the Law Enforcement Officer-Worn Body Camera Act, except to the extent authorized under that Act.

(dd) Information that is prohibited from being disclosed under Section 45 of the Condominium and Common Interest Community Ombudsperson Act.

(ee) Information that is exempted from disclosure under Section 30.1 of the Pharmacy Practice Act.

(ff) Information that is exempted from disclosure under the Revised Uniform Unclaimed Property Act.

(gg) Information that is prohibited from being disclosed under Section 7-603.5 of the Illinois Vehicle Code.

(hh) Records that are exempt from disclosure under Section 1A-16.7 of the Election Code.

(ii) Information which is exempted from disclosure under Section 2505-800 of the Department of Revenue Law of the Civil Administrative Code of Illinois.

(jj) Information and reports that are required to be submitted to the Department of Labor by registering day and temporary labor service agencies but are exempt from disclosure under subsection (a-1) of Section 45 of the Day and Temporary Labor Services Act.

(kk) Information prohibited from disclosure under the Seizure and Forfeiture Reporting Act.

(ll) Information the disclosure of which is restricted and exempted under Section 5-30.8 of the Illinois Public Aid Code.

(mm) Records that are exempt from disclosure under Section 4.2 of the Crime Victims Compensation Act.

(nn) Information that is exempt from disclosure under Section 70 of the Higher Education Student Assistance Act.

(oo) Communications, notes, records, and reports arising out of a peer support counseling session prohibited from disclosure under the First Responders Suicide Prevention Act.

(pp) Names and all identifying information relating to an employee of an emergency services provider or law enforcement agency under the First Responders Suicide Prevention Act.

(qq) Information and records held by the Department of Public Health and its authorized representatives collected under the Reproductive Health Act.

(rr) Information that is exempt from disclosure under the Cannabis Regulation and Tax Act.

(ss) Data reported by an employer to the Department of Human Rights pursuant to Section 2-108 of the Illinois Human Rights Act.

(tt) Recordings made under the Children's Advocacy Center Act, except to the extent authorized under that Act.

(uu) Information that is exempt from disclosure under Section 50 of the Sexual Assault Evidence Submission Act.

(vv) Information that is exempt from disclosure under subsections (f) and (j) of Section 5-36 of the Illinois Public Aid Code.

(ww) Information that is exempt from disclosure under Section 16.8 of the State Treasurer Act.

(xx) Information that is exempt from disclosure or information that shall not be made public under the Illinois Insurance Code.

(yy) Information prohibited from being disclosed under the Illinois Educational Labor Relations Act.

(zz) Information prohibited from being disclosed under the Illinois Public Labor Relations Act.

(aaa) Information prohibited from being disclosed under Section 1-167 of the Illinois Pension Code.

(bbb) Information that is prohibited from disclosure by the Illinois Police Training Act and the Illinois State Police Act.

(ccc) Records exempt from disclosure under Section 2605-304 of the Illinois State Police Law of the Civil Administrative Code of Illinois.

(ddd) Information prohibited from being disclosed under Section 35 of the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Human Trafficking, or Stalking Act.

(eee) Information prohibited from being disclosed under subsection (b) of Section 75 of the Domestic Violence Fatality Review Act.

(fff) Images from cameras under the Expressway Camera Act. This subsection (fff) is inoperative on and after July 1, 2023.

(ggg) Information prohibited from disclosure under paragraph (3) of subsection (a) of Section 14 of the Nurse Agency Licensing Act.

(hhh) Information submitted to the Department of State Police in an affidavit or application for an assault weapon endorsement, assault weapon attachment endorsement, .50 caliber rifle endorsement, or .50 caliber cartridge endorsement under the Firearm Owners Identification Card Act.

(iii) Information prohibited from disclosure under subsection (c) of Section 45 of the Donor-Conceived Persons and Families of Donor-Conceived Persons Protection Act.

(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23.)

Section 65. The State Finance Act is amended by adding Section 5.990 as follows:

(30 ILCS 105/5.990 new)

Sec. 5.990. The Gamete Agency, Gamete Bank, or Fertility Clinic Fund.

Section 70. The Illinois Parentage Act of 2015 is amended by changing Section 703 as follows:

(750 ILCS 46/703)

Sec. 703. Parentage of child of assisted reproduction.

(a) Any individual who is an intended parent as defined by this Act is the legal parent of any resulting child. If the donor and the intended parent have been represented by independent counsel and entered into a written legal agreement in which the donor relinquishes all rights and responsibilities to any resulting child, the intended parent is the parent of the child. An agreement under this subsection shall be entered into prior to any insemination or embryo transfer. An agreement must be made in accordance with the terms of the Donor-Conceived Persons and Families of Donor-Conceived Persons Protection Act, if applicable.

(b) If a person makes an anonymous gamete donation without a designated intended parent at the time of the gamete donation, the intended parent is the parent of any resulting child if the anonymous donor relinquished his or her parental rights in writing at the time of donation. The written relinquishment shall be directed to the entity to which the donor donated his or her gametes. After the effective date of this amendatory Act of the 103rd general assembly, gamete donations shall be made in accordance with the requirements of the Donor-Conceived Persons and Families of Donor-Conceived Persons Protection Act.

(c) An intended parent may seek a court order confirming the existence of a parent-child relationship prior to or after the birth of a child based on compliance with subsection (a) or (b) of this Section.

(d) If the requirements of subsection (a) of this Section are not met, or subsection (b) of this Section is found by a court to be inapplicable, a court of competent jurisdiction shall determine parentage based on evidence of the parties' intent at the time of donation.

(Source: P.A. 99-763, eff. 1-1-17.)

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