HB5239 Engrossed LRB103 38291 JRC 68426 b
1		AN ACT concerning civil law.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Freedom of Information Act is amended by
5		changing Section 7.5 as follows:
6		(5 ILCS 140/7.5)
7		(Text of Section before amendment by P.A. 103-472)
8		Sec. 7.5. Statutory exemptions. To the extent provided for
9		by the statutes referenced below, the following shall be
10		exempt from inspection and copying:
11		(a) All information determined to be confidential
12		under Section 4002 of the Technology Advancement and
13		Development Act.
14		(b) Library circulation and order records identifying
15		library users with specific materials under the Library
16		Records Confidentiality Act.
17		(c) Applications, related documents, and medical
18		records received by the Experimental Organ Transplantation
19		Procedures Board and any and all documents or other
20		records prepared by the Experimental Organ Transplantation
21		Procedures Board or its staff relating to applications it
22		has received.
23		(d) Information and records held by the Department of

HB5239 Engrossed - 2 - LRB103 38291 JRC 68426 b
1		Public Health and its authorized representatives relating
2		to known or suspected cases of sexually transmissible
3		disease or any information the disclosure of which is
4		restricted under the Illinois Sexually Transmissible
5		Disease Control Act.
6		(e) Information the disclosure of which is exempted
7		under Section 30 of the Radon Industry Licensing Act.
8		(f) Firm performance evaluations under Section 55 of
9		the Architectural, Engineering, and Land Surveying
10		Qualifications Based Selection Act.
11		(g) Information the disclosure of which is restricted
12		and exempted under Section 50 of the Illinois Prepaid
13		Tuition Act.
14		(h) Information the disclosure of which is exempted
15		under the State Officials and Employees Ethics Act, and
16		records of any lawfully created State or local inspector
17		general's office that would be exempt if created or
18		obtained by an Executive Inspector General's office under
19		that Act.
20		(i) Information contained in a local emergency energy
21		plan submitted to a municipality in accordance with a
22		local emergency energy plan ordinance that is adopted
23		under Section 11-21.5-5 of the Illinois Municipal Code.
24		(j) Information and data concerning the distribution
25		of surcharge moneys collected and remitted by carriers
26		under the Emergency Telephone System Act.

HB5239 Engrossed - 3 - LRB103 38291 JRC 68426 b
1		(k) Law enforcement officer identification information
2		or driver identification information compiled by a law
3		enforcement agency or the Department of Transportation
4		under Section 11-212 of the Illinois Vehicle Code.
5		(l) Records and information provided to a residential
6		health care facility resident sexual assault and death
7		review team or the Executive Council under the Abuse
8		Prevention Review Team Act.
9		(m) Information provided to the predatory lending
10		database created pursuant to Article 3 of the Residential
11		Real Property Disclosure Act, except to the extent
12		authorized under that Article.
13		(n) Defense budgets and petitions for certification of
14		compensation and expenses for court appointed trial
15		counsel as provided under Sections 10 and 15 of the
16		Capital Crimes Litigation Act (repealed). This subsection
17		(n) shall apply until the conclusion of the trial of the
18		case, even if the prosecution chooses not to pursue the
19		death penalty prior to trial or sentencing.
20		(o) Information that is prohibited from being
21		disclosed under Section 4 of the Illinois Health and
22		Hazardous Substances Registry Act.
23		(p) Security portions of system safety program plans,
24		investigation reports, surveys, schedules, lists, data, or
25		information compiled, collected, or prepared by or for the
26		Department of Transportation under Sections 2705-300 and

HB5239 Engrossed - 4 - LRB103 38291 JRC 68426 b
1		2705-616 of the Department of Transportation Law of the
2		Civil Administrative Code of Illinois, the Regional
3		Transportation Authority under Section 2.11 of the
4		Regional Transportation Authority Act, or the St. Clair
5		County Transit District under the Bi-State Transit Safety
6		Act (repealed).
7		(q) Information prohibited from being disclosed by the
8		Personnel Record Review Act.
9		(r) Information prohibited from being disclosed by the
10		Illinois School Student Records Act.
11		(s) Information the disclosure of which is restricted
12		under Section 5-108 of the Public Utilities Act.
13		(t) (Blank).
14		(u) Records and information provided to an independent
15		team of experts under the Developmental Disability and
16		Mental Health Safety Act (also known as Brian's Law).
17		(v) Names and information of people who have applied
18		for or received Firearm Owner's Identification Cards under
19		the Firearm Owners Identification Card Act or applied for
20		or received a concealed carry license under the Firearm
21		Concealed Carry Act, unless otherwise authorized by the
22		Firearm Concealed Carry Act; and databases under the
23		Firearm Concealed Carry Act, records of the Concealed
24		Carry Licensing Review Board under the Firearm Concealed
25		Carry Act, and law enforcement agency objections under the
26		Firearm Concealed Carry Act.

HB5239 Engrossed - 5 - LRB103 38291 JRC 68426 b
1		(v-5) Records of the Firearm Owner's Identification
2		Card Review Board that are exempted from disclosure under
3		Section 10 of the Firearm Owners Identification Card Act.
4		(w) Personally identifiable information which is
5		exempted from disclosure under subsection (g) of Section
6		19.1 of the Toll Highway Act.
7		(x) Information which is exempted from disclosure
8		under Section 5-1014.3 of the Counties Code or Section
9		8-11-21 of the Illinois Municipal Code.
10		(y) Confidential information under the Adult
11		Protective Services Act and its predecessor enabling
12		statute, the Elder Abuse and Neglect Act, including
13		information about the identity and administrative finding
14		against any caregiver of a verified and substantiated
15		decision of abuse, neglect, or financial exploitation of
16		an eligible adult maintained in the Registry established
17		under Section 7.5 of the Adult Protective Services Act.
18		(z) Records and information provided to a fatality
19		review team or the Illinois Fatality Review Team Advisory
20		Council under Section 15 of the Adult Protective Services
21		Act.
22		(aa) Information which is exempted from disclosure
23		under Section 2.37 of the Wildlife Code.
24		(bb) Information which is or was prohibited from
25		disclosure by the Juvenile Court Act of 1987.
26		(cc) Recordings made under the Law Enforcement

HB5239 Engrossed - 6 - LRB103 38291 JRC 68426 b
1		Officer-Worn Body Camera Act, except to the extent
2		authorized under that Act.
3		(dd) Information that is prohibited from being
4		disclosed under Section 45 of the Condominium and Common
5		Interest Community Ombudsperson Act.
6		(ee) Information that is exempted from disclosure
7		under Section 30.1 of the Pharmacy Practice Act.
8		(ff) Information that is exempted from disclosure
9		under the Revised Uniform Unclaimed Property Act.
10		(gg) Information that is prohibited from being
11		disclosed under Section 7-603.5 of the Illinois Vehicle
12		Code.
13		(hh) Records that are exempt from disclosure under
14		Section 1A-16.7 of the Election Code.
15		(ii) Information which is exempted from disclosure
16		under Section 2505-800 of the Department of Revenue Law of
17		the Civil Administrative Code of Illinois.
18		(jj) Information and reports that are required to be
19		submitted to the Department of Labor by registering day
20		and temporary labor service agencies but are exempt from
21		disclosure under subsection (a-1) of Section 45 of the Day
22		and Temporary Labor Services Act.
23		(kk) Information prohibited from disclosure under the
24		Seizure and Forfeiture Reporting Act.
25		(ll) Information the disclosure of which is restricted
26		and exempted under Section 5-30.8 of the Illinois Public

HB5239 Engrossed - 7 - LRB103 38291 JRC 68426 b
1		Aid Code.
2		(mm) Records that are exempt from disclosure under
3		Section 4.2 of the Crime Victims Compensation Act.
4		(nn) Information that is exempt from disclosure under
5		Section 70 of the Higher Education Student Assistance Act.
6		(oo) Communications, notes, records, and reports
7		arising out of a peer support counseling session
8		prohibited from disclosure under the First Responders
9		Suicide Prevention Act.
10		(pp) Names and all identifying information relating to
11		an employee of an emergency services provider or law
12		enforcement agency under the First Responders Suicide
13		Prevention Act.
14		(qq) Information and records held by the Department of
15		Public Health and its authorized representatives collected
16		under the Reproductive Health Act.
17		(rr) Information that is exempt from disclosure under
18		the Cannabis Regulation and Tax Act.
19		(ss) Data reported by an employer to the Department of
20		Human Rights pursuant to Section 2-108 of the Illinois
21		Human Rights Act.
22		(tt) Recordings made under the Children's Advocacy
23		Center Act, except to the extent authorized under that
24		Act.
25		(uu) Information that is exempt from disclosure under
26		Section 50 of the Sexual Assault Evidence Submission Act.

HB5239 Engrossed - 8 - LRB103 38291 JRC 68426 b
1		(vv) Information that is exempt from disclosure under
2		subsections (f) and (j) of Section 5-36 of the Illinois
3		Public Aid Code.
4		(ww) Information that is exempt from disclosure under
5		Section 16.8 of the State Treasurer Act.
6		(xx) Information that is exempt from disclosure or
7		information that shall not be made public under the
8		Illinois Insurance Code.
9		(yy) Information prohibited from being disclosed under
10		the Illinois Educational Labor Relations Act.
11		(zz) Information prohibited from being disclosed under
12		the Illinois Public Labor Relations Act.
13		(aaa) Information prohibited from being disclosed
14		under Section 1-167 of the Illinois Pension Code.
15		(bbb) Information that is prohibited from disclosure
16		by the Illinois Police Training Act and the Illinois State
17		Police Act.
18		(ccc) Records exempt from disclosure under Section
19		2605-304 of the Illinois State Police Law of the Civil
20		Administrative Code of Illinois.
21		(ddd) Information prohibited from being disclosed
22		under Section 35 of the Address Confidentiality for
23		Victims of Domestic Violence, Sexual Assault, Human
24		Trafficking, or Stalking Act.
25		(eee) Information prohibited from being disclosed
26		under subsection (b) of Section 75 of the Domestic

HB5239 Engrossed - 9 - LRB103 38291 JRC 68426 b
1		Violence Fatality Review Act.
2		(fff) Images from cameras under the Expressway Camera
3		Act. This subsection (fff) is inoperative on and after
4		July 1, 2025.
5		(ggg) Information prohibited from disclosure under
6		paragraph (3) of subsection (a) of Section 14 of the Nurse
7		Agency Licensing Act.
8		(hhh) Information submitted to the Illinois State
9		Police in an affidavit or application for an assault
10		weapon endorsement, assault weapon attachment endorsement,
11		.50 caliber rifle endorsement, or .50 caliber cartridge
12		endorsement under the Firearm Owners Identification Card
13		Act.
14		(iii) Data exempt from disclosure under Section 50 of
15		the School Safety Drill Act.
16		(jjj) (hhh) Information exempt from disclosure under
17		Section 30 of the Insurance Data Security Law.
18		(kkk) (iii) Confidential business information
19		prohibited from disclosure under Section 45 of the Paint
20		Stewardship Act.
21		(lll) (Reserved).
22		(mmm) (iii) Information prohibited from being
23		disclosed under subsection (e) of Section 1-129 of the
24		Illinois Power Agency Act.
25		(nnn) Information that is exempt from disclosure under
26		Section 28-11 of the Lawful Health Care Activity Act.

HB5239 Engrossed - 10 - LRB103 38291 JRC 68426 b
1		(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
2		102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
3		8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
4		102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
5		6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
6		eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23;
7		revised 1-2-24.)
8		(Text of Section after amendment by P.A. 103-472)
9		Sec. 7.5. Statutory exemptions. To the extent provided for
10		by the statutes referenced below, the following shall be
11		exempt from inspection and copying:
12		(a) All information determined to be confidential
13		under Section 4002 of the Technology Advancement and
14		Development Act.
15		(b) Library circulation and order records identifying
16		library users with specific materials under the Library
17		Records Confidentiality Act.
18		(c) Applications, related documents, and medical
19		records received by the Experimental Organ Transplantation
20		Procedures Board and any and all documents or other
21		records prepared by the Experimental Organ Transplantation
22		Procedures Board or its staff relating to applications it
23		has received.
24		(d) Information and records held by the Department of
25		Public Health and its authorized representatives relating

HB5239 Engrossed - 11 - LRB103 38291 JRC 68426 b
1		to known or suspected cases of sexually transmissible
2		disease or any information the disclosure of which is
3		restricted under the Illinois Sexually Transmissible
4		Disease Control Act.
5		(e) Information the disclosure of which is exempted
6		under Section 30 of the Radon Industry Licensing Act.
7		(f) Firm performance evaluations under Section 55 of
8		the Architectural, Engineering, and Land Surveying
9		Qualifications Based Selection Act.
10		(g) Information the disclosure of which is restricted
11		and exempted under Section 50 of the Illinois Prepaid
12		Tuition Act.
13		(h) Information the disclosure of which is exempted
14		under the State Officials and Employees Ethics Act, and
15		records of any lawfully created State or local inspector
16		general's office that would be exempt if created or
17		obtained by an Executive Inspector General's office under
18		that Act.
19		(i) Information contained in a local emergency energy
20		plan submitted to a municipality in accordance with a
21		local emergency energy plan ordinance that is adopted
22		under Section 11-21.5-5 of the Illinois Municipal Code.
23		(j) Information and data concerning the distribution
24		of surcharge moneys collected and remitted by carriers
25		under the Emergency Telephone System Act.
26		(k) Law enforcement officer identification information

HB5239 Engrossed - 12 - LRB103 38291 JRC 68426 b
1		or driver identification information compiled by a law
2		enforcement agency or the Department of Transportation
3		under Section 11-212 of the Illinois Vehicle Code.
4		(l) Records and information provided to a residential
5		health care facility resident sexual assault and death
6		review team or the Executive Council under the Abuse
7		Prevention Review Team Act.
8		(m) Information provided to the predatory lending
9		database created pursuant to Article 3 of the Residential
10		Real Property Disclosure Act, except to the extent
11		authorized under that Article.
12		(n) Defense budgets and petitions for certification of
13		compensation and expenses for court appointed trial
14		counsel as provided under Sections 10 and 15 of the
15		Capital Crimes Litigation Act (repealed). This subsection
16		(n) shall apply until the conclusion of the trial of the
17		case, even if the prosecution chooses not to pursue the
18		death penalty prior to trial or sentencing.
19		(o) Information that is prohibited from being
20		disclosed under Section 4 of the Illinois Health and
21		Hazardous Substances Registry Act.
22		(p) Security portions of system safety program plans,
23		investigation reports, surveys, schedules, lists, data, or
24		information compiled, collected, or prepared by or for the
25		Department of Transportation under Sections 2705-300 and
26		2705-616 of the Department of Transportation Law of the

HB5239 Engrossed - 13 - LRB103 38291 JRC 68426 b
1		Civil Administrative Code of Illinois, the Regional
2		Transportation Authority under Section 2.11 of the
3		Regional Transportation Authority Act, or the St. Clair
4		County Transit District under the Bi-State Transit Safety
5		Act (repealed).
6		(q) Information prohibited from being disclosed by the
7		Personnel Record Review Act.
8		(r) Information prohibited from being disclosed by the
9		Illinois School Student Records Act.
10		(s) Information the disclosure of which is restricted
11		under Section 5-108 of the Public Utilities Act.
12		(t) (Blank).
13		(u) Records and information provided to an independent
14		team of experts under the Developmental Disability and
15		Mental Health Safety Act (also known as Brian's Law).
16		(v) Names and information of people who have applied
17		for or received Firearm Owner's Identification Cards under
18		the Firearm Owners Identification Card Act or applied for
19		or received a concealed carry license under the Firearm
20		Concealed Carry Act, unless otherwise authorized by the
21		Firearm Concealed Carry Act; and databases under the
22		Firearm Concealed Carry Act, records of the Concealed
23		Carry Licensing Review Board under the Firearm Concealed
24		Carry Act, and law enforcement agency objections under the
25		Firearm Concealed Carry Act.
26		(v-5) Records of the Firearm Owner's Identification

HB5239 Engrossed - 14 - LRB103 38291 JRC 68426 b
1		Card Review Board that are exempted from disclosure under
2		Section 10 of the Firearm Owners Identification Card Act.
3		(w) Personally identifiable information which is
4		exempted from disclosure under subsection (g) of Section
5		19.1 of the Toll Highway Act.
6		(x) Information which is exempted from disclosure
7		under Section 5-1014.3 of the Counties Code or Section
8		8-11-21 of the Illinois Municipal Code.
9		(y) Confidential information under the Adult
10		Protective Services Act and its predecessor enabling
11		statute, the Elder Abuse and Neglect Act, including
12		information about the identity and administrative finding
13		against any caregiver of a verified and substantiated
14		decision of abuse, neglect, or financial exploitation of
15		an eligible adult maintained in the Registry established
16		under Section 7.5 of the Adult Protective Services Act.
17		(z) Records and information provided to a fatality
18		review team or the Illinois Fatality Review Team Advisory
19		Council under Section 15 of the Adult Protective Services
20		Act.
21		(aa) Information which is exempted from disclosure
22		under Section 2.37 of the Wildlife Code.
23		(bb) Information which is or was prohibited from
24		disclosure by the Juvenile Court Act of 1987.
25		(cc) Recordings made under the Law Enforcement
26		Officer-Worn Body Camera Act, except to the extent

HB5239 Engrossed - 15 - LRB103 38291 JRC 68426 b
1		authorized under that Act.
2		(dd) Information that is prohibited from being
3		disclosed under Section 45 of the Condominium and Common
4		Interest Community Ombudsperson Act.
5		(ee) Information that is exempted from disclosure
6		under Section 30.1 of the Pharmacy Practice Act.
7		(ff) Information that is exempted from disclosure
8		under the Revised Uniform Unclaimed Property Act.
9		(gg) Information that is prohibited from being
10		disclosed under Section 7-603.5 of the Illinois Vehicle
11		Code.
12		(hh) Records that are exempt from disclosure under
13		Section 1A-16.7 of the Election Code.
14		(ii) Information which is exempted from disclosure
15		under Section 2505-800 of the Department of Revenue Law of
16		the Civil Administrative Code of Illinois.
17		(jj) Information and reports that are required to be
18		submitted to the Department of Labor by registering day
19		and temporary labor service agencies but are exempt from
20		disclosure under subsection (a-1) of Section 45 of the Day
21		and Temporary Labor Services Act.
22		(kk) Information prohibited from disclosure under the
23		Seizure and Forfeiture Reporting Act.
24		(ll) Information the disclosure of which is restricted
25		and exempted under Section 5-30.8 of the Illinois Public
26		Aid Code.

HB5239 Engrossed - 16 - LRB103 38291 JRC 68426 b
1		(mm) Records that are exempt from disclosure under
2		Section 4.2 of the Crime Victims Compensation Act.
3		(nn) Information that is exempt from disclosure under
4		Section 70 of the Higher Education Student Assistance Act.
5		(oo) Communications, notes, records, and reports
6		arising out of a peer support counseling session
7		prohibited from disclosure under the First Responders
8		Suicide Prevention Act.
9		(pp) Names and all identifying information relating to
10		an employee of an emergency services provider or law
11		enforcement agency under the First Responders Suicide
12		Prevention Act.
13		(qq) Information and records held by the Department of
14		Public Health and its authorized representatives collected
15		under the Reproductive Health Act.
16		(rr) Information that is exempt from disclosure under
17		the Cannabis Regulation and Tax Act.
18		(ss) Data reported by an employer to the Department of
19		Human Rights pursuant to Section 2-108 of the Illinois
20		Human Rights Act.
21		(tt) Recordings made under the Children's Advocacy
22		Center Act, except to the extent authorized under that
23		Act.
24		(uu) Information that is exempt from disclosure under
25		Section 50 of the Sexual Assault Evidence Submission Act.
26		(vv) Information that is exempt from disclosure under

HB5239 Engrossed - 17 - LRB103 38291 JRC 68426 b
1		subsections (f) and (j) of Section 5-36 of the Illinois
2		Public Aid Code.
3		(ww) Information that is exempt from disclosure under
4		Section 16.8 of the State Treasurer Act.
5		(xx) Information that is exempt from disclosure or
6		information that shall not be made public under the
7		Illinois Insurance Code.
8		(yy) Information prohibited from being disclosed under
9		the Illinois Educational Labor Relations Act.
10		(zz) Information prohibited from being disclosed under
11		the Illinois Public Labor Relations Act.
12		(aaa) Information prohibited from being disclosed
13		under Section 1-167 of the Illinois Pension Code.
14		(bbb) Information that is prohibited from disclosure
15		by the Illinois Police Training Act and the Illinois State
16		Police Act.
17		(ccc) Records exempt from disclosure under Section
18		2605-304 of the Illinois State Police Law of the Civil
19		Administrative Code of Illinois.
20		(ddd) Information prohibited from being disclosed
21		under Section 35 of the Address Confidentiality for
22		Victims of Domestic Violence, Sexual Assault, Human
23		Trafficking, or Stalking Act.
24		(eee) Information prohibited from being disclosed
25		under subsection (b) of Section 75 of the Domestic
26		Violence Fatality Review Act.

HB5239 Engrossed - 18 - LRB103 38291 JRC 68426 b
1		(fff) Images from cameras under the Expressway Camera
2		Act. This subsection (fff) is inoperative on and after
3		July 1, 2025.
4		(ggg) Information prohibited from disclosure under
5		paragraph (3) of subsection (a) of Section 14 of the Nurse
6		Agency Licensing Act.
7		(hhh) Information submitted to the Illinois State
8		Police in an affidavit or application for an assault
9		weapon endorsement, assault weapon attachment endorsement,
10		.50 caliber rifle endorsement, or .50 caliber cartridge
11		endorsement under the Firearm Owners Identification Card
12		Act.
13		(iii) Data exempt from disclosure under Section 50 of
14		the School Safety Drill Act.
15		(jjj) (hhh) Information exempt from disclosure under
16		Section 30 of the Insurance Data Security Law.
17		(kkk) (iii) Confidential business information
18		prohibited from disclosure under Section 45 of the Paint
19		Stewardship Act.
20		(lll) (iii) Data exempt from disclosure under Section
21		2-3.196 of the School Code.
22		(mmm) (iii) Information prohibited from being
23		disclosed under subsection (e) of Section 1-129 of the
24		Illinois Power Agency Act.
25		(nnn) Information that is exempt from disclosure under
26		Section 28-11 of the Lawful Health Care Activity Act.

HB5239 Engrossed - 19 - LRB103 38291 JRC 68426 b
1		(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
2		102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
3		8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
4		102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
5		6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
6		eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
7		103-580, eff. 12-8-23; revised 1-2-24.)
8		Section 10. The Illinois Public Aid Code is amended by
9		changing Section 11-15 as follows:
10		(305 ILCS 5/11-15) (from Ch. 23, par. 11-15)
11		Sec. 11-15. Application requirements.
12		(1) An application for financial aid shall be filed in
13		writing by the person requesting aid and, in the case of a
14		request for family aid, by the head of that family, except as
15		otherwise permitted in paragraph (2). Applications for aid
16		under Articles III, IV, and V shall be filed in writing with
17		any local office of the Department of Human Services in the
18		manner prescribed by the Department. Applications for aid
19		under Article VI shall be filed in writing with the local
20		governmental unit upon forms approved by the Department.
21		Each applicant shall provide information as to the amount
22		of property, real and personal, owned by him or her within the
23		period of time preceding the application as required under
24		Sections 3-1.3, 4-1.11, and 5-2.1 of this Code. The applicant

HB5239 Engrossed - 20 - LRB103 38291 JRC 68426 b
1		shall also furnish information concerning all income, money
2		contributions, and other support from any source, and the
3		beneficiary and the amount or cash surrender or loan value of
4		all insurance policies held by himself or herself or any
5		member of his family for whom aid is requested.
6		(2) An application, in all instances to be in writing, may
7		be filed in behalf of a person considered to be in need of
8		financial aid under Articles III, IV, V, or VI only if the
9		person
10		(a) has been adjudged to be under legal disability; or
11		(b) is unable because of minority or physical or
12		mental disability, to execute the application; or
13		(c) in the case of need for funeral and burial, died
14		before an application was filed and the application is
15		filed not more than 30 days after the person's death,
16		excluding the day on which the death occurred.
17		Applications in behalf of persons specified in (a) and (b)
18		shall be filed by the applicant's legal guardian or, if a
19		guardian has not been appointed or the applicant has no legal
20		guardian or the guardian is not available, by a relative or
21		other person, acceptable under the rules of the Illinois
22		Department, who is able to furnish the required information.
23		Applications in behalf of persons specified in (c) shall be
24		filed by any next of kin of the deceased who is not under legal
25		disability or, if there are no such next of kin or they are
26		unknown or unavailable, by a person, acceptable under the

HB5239 Engrossed - 21 - LRB103 38291 JRC 68426 b
1		rules of the Illinois Department, who is able to furnish the
2		required information.
3		Notwithstanding any other provision of this paragraph (2),
4		a minor may sign and file an application on the minor's own
5		behalf if the application is for the Article V family planning
6		program established under Section 5-5 by Public Act 102-665.
7		(3) The application shall contain a written declaration to
8		be signed by the applicant, or in behalf of the applicant by a
9		person qualified under paragraph (2), in substantially the
10		following form, the parenthetical references being applicable
11		to an application filed by a person in behalf of the applicant:
12		"I declare under penalties of perjury that I have examined
13		this form and all accompanying statements or documents
14		pertaining to the income and resources of myself (the
15		applicant) or any member of my family (the applicant's family)
16		included in this application for aid, or pertaining to any
17		other matter having bearing upon my (the applicant's)
18		eligibility for aid, and to the best of my knowledge and belief
19		the information supplied is true, correct, and complete".
20		(4) If an application for financial aid is filed for a
21		family, and any person in that family is under 18 years of age,
22		the application shall be accompanied by the following for each
23		such person under 18 years of age:
24		(i) a copy of the person's birth certificate, or
25		(ii) other reliable proof, as determined by the
26		Department, of the person's identity and age.

HB5239 Engrossed - 22 - LRB103 38291 JRC 68426 b
1		The Illinois Department shall provide information to all
2		families, orally by an intake worker and in writing when the
3		application is filed, about the availability and location of
4		immunization services.
5		(5) Once an applicant is determined eligible for aid, he
6		or she has the right to request to have the case transferred to
7		another local office of the Department of Human Services for
8		his or her convenience based on one of the following factors:
9		the location of his or her employer; the location of his or her
10		child care provider; access to reliable transportation; or the
11		location of a social service provider that he or she sees on a
12		regular basis. Within 5 business days after the request for
13		transfer, the Department shall transfer the case, assign a
14		caseworker, make appropriate entries in the computer system,
15		and issue a written notice to the recipient that includes the
16		name of and contact information for the caseworker. The
17		location of the recipient's case may be reconsidered on the
18		recipient's request or at the time of redetermination of
19		eligibility.
20		(Source: P.A. 96-867, eff. 1-1-11.)
21		Section 15. The Lawful Health Care Activity Act is amended
22		by changing Section 28-10 and by adding Sections 28-11, 28-12,
23		28-13, and 28-14 as follows:
24		(735 ILCS 40/28-10)

HB5239 Engrossed - 23 - LRB103 38291 JRC 68426 b
1		Sec. 28-10. Definitions. As used in this Act:
2		"Lawful health care" means:
3		(1) reproductive health care that is not unlawful
4		under the laws of this State, including on any theory of
5		vicarious, joint, several, or conspiracy liability; or
6		(2) the treatment of gender dysphoria or the
7		affirmation of an individual's gender identity or gender
8		expression, including, but not limited to, all supplies,
9		care, and services of a medical, behavioral health, mental
10		health, surgical, psychiatric, therapeutic, diagnostic,
11		preventative, rehabilitative, or supportive nature that is
12		not unlawful under the laws of this State, including on
13		any theory of vicarious, joint, several, or conspiracy
14		liability.
15		"Lawful health care activity" means seeking, providing,
16		receiving, assisting in seeking, providing, or receiving,
17		providing material support for, or traveling to obtain lawful
18		health care.
19		"Health records related to lawful health care" means
20		records that identify a person who has sought or received
21		lawful healthcare, including, but not limited to, information
22		regarding an individual's medical history, mental or physical
23		condition, or medical treatment or diagnosis by a healthcare
24		professional, and insurance and billing records for medical
25		care.
26		"Location information related to lawful health care" means

HB5239 Engrossed - 24 - LRB103 38291 JRC 68426 b
1		precise location information that could be reasonably used to
2		identify a person's attempt to acquire or receive lawful
3		health care, including, but not limited to, records of the
4		location of a person's license plate, records of the location
5		of a cell phone or other device that tracks location, or
6		records of observations of a person's location when the
7		location is near a provider of lawful health care.
8		"Reproductive health care" shall have the same meaning as
9		Section 1-10 of the Reproductive Health Act.
10		"State" has the meaning given in Section 1-10 of the
11		Reproductive Health Act.
12		(Source: P.A. 102-1117, eff. 1-13-23.)
13		(735 ILCS 40/28-11 new)
14		Sec. 28-11. Prohibited State actions.
15		(a) Unless otherwise necessary to comply with Illinois or
16		federal law, the State shall not provide any information or
17		expend or use any time, money, facilities, property,
18		equipment, personnel, or other resources to assist any
19		individual, or out-of-state officer, official, agency, entity,
20		or department seeking to impose civil or criminal liability
21		upon a person or entity for lawful healthcare activity.
22		(b) Location information related to lawful health care and
23		health records related to lawful health care are confidential
24		and exempt from disclosure under the Freedom of Information
25		Act.

HB5239 Engrossed - 25 - LRB103 38291 JRC 68426 b
1		(c) This Section does not apply if an individual or
2		out-of-state officer, official, agency, entity, or department
3		is investigating conduct that would be subject to civil or
4		criminal liability under the laws of Illinois.
5		(735 ILCS 40/28-12 new)
6		Sec. 28-12. Cause of action.
7		(a) Any party aggrieved by conduct or regulation in
8		violation of Section 28-11 of this Act may bring a civil action
9		in a federal district court or State circuit court against the
10		offending unit of government. Any State claim brought in
11		federal district court shall be a supplemental claim to a
12		federal claim. Any action brought under this Act shall be
13		commenced within 2 years after the cause of action was
14		discovered.
15		(b) Upon motion, a court shall award reasonable attorney's
16		fees, court costs, and litigation expenses, including expert
17		witness fees and other litigation expenses, to a plaintiff who
18		is a prevailing party in any action brought under this Act. In
19		awarding reasonable attorney's fees, the court shall consider
20		the degree to which the relief obtained relates to the relief
21		sought.
22		(735 ILCS 40/28-13 new)
23		Sec. 28-13. Reservation of rights. Nothing in this Section
24		shall be construed to narrow, restrict, or otherwise limit in

HB5239 Engrossed - 26 - LRB103 38291 JRC 68426 b
1		any way any rights, protections, or causes of action with
2		respect to lawful health care, including, but not limited to,
3		any rights, protections, or causes of action set forth in the
4		Reproductive Health Act.
5		(735 ILCS 40/28-14 new)
6		Sec. 28-14. Home rule preemption. The regulation of lawful
7		health care activity is an exclusive power and function of the
8		State. A home rule unit may not regulate lawful health care
9		activity. This Section is a denial and limitation of home rule
10		powers and functions under subsection (h) of Section 6 of
11		Article VII of the Illinois Constitution.
12		Section 95. No acceleration or delay. Where this Act makes
13		changes in a statute that is represented in this Act by text
14		that is not yet or no longer in effect (for example, a Section
15		represented by multiple versions), the use of that text does
16		not accelerate or delay the taking effect of (i) the changes
17		made by this Act or (ii) provisions derived from any other
18		Public Act.