HB5239 EngrossedLRB103 38291 JRC 68426 b


1 AN ACT concerning civil law.

2 Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:

4 Section 5. The Freedom of Information Act is amended by 
5changing 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 
9by the statutes referenced below, the following shall be 
10exempt 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; 
2102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. 
38-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; 
4102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. 
56-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, 
6eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 
7revised 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 
10by the statutes referenced below, the following shall be 
11exempt 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; 
2102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. 
38-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; 
4102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. 
56-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, 
6eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; 
7103-580, eff. 12-8-23; revised 1-2-24.)

8 Section 10. The Illinois Public Aid Code is amended by 
9changing 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 
13writing by the person requesting aid and, in the case of a 
14request for family aid, by the head of that family, except as 
15otherwise permitted in paragraph (2). Applications for aid 
16under Articles III, IV, and V shall be filed in writing with 
17any local office of the Department of Human Services in the 
18manner prescribed by the Department. Applications for aid 
19under Article VI shall be filed in writing with the local 
20governmental unit upon forms approved by the Department. 
21 Each applicant shall provide information as to the amount 
22of property, real and personal, owned by him or her within the 
23period of time preceding the application as required under 
24Sections 3-1.3, 4-1.11, and 5-2.1 of this Code. The applicant 
 
 
HB5239 Engrossed- 20 -LRB103 38291 JRC 68426 b


1shall also furnish information concerning all income, money 
2contributions, and other support from any source, and the 
3beneficiary and the amount or cash surrender or loan value of 
4all insurance policies held by himself or herself or any 
5member of his family for whom aid is requested.
6 (2) An application, in all instances to be in writing, may 
7be filed in behalf of a person considered to be in need of 
8financial aid under Articles III, IV, V, or VI only if the 
9person 
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) 
18shall be filed by the applicant's legal guardian or, if a 
19guardian has not been appointed or the applicant has no legal 
20guardian or the guardian is not available, by a relative or 
21other person, acceptable under the rules of the Illinois 
22Department, who is able to furnish the required information. 
23Applications in behalf of persons specified in (c) shall be 
24filed by any next of kin of the deceased who is not under legal 
25disability or, if there are no such next of kin or they are 
26unknown or unavailable, by a person, acceptable under the 
 
 
HB5239 Engrossed- 21 -LRB103 38291 JRC 68426 b


1rules of the Illinois Department, who is able to furnish the 
2required information.
3 Notwithstanding any other provision of this paragraph (2), 
4a minor may sign and file an application on the minor's own 
5behalf if the application is for the Article V family planning 
6program established under Section 5-5 by Public Act 102-665. 
7 (3) The application shall contain a written declaration to 
8be signed by the applicant, or in behalf of the applicant by a 
9person qualified under paragraph (2), in substantially the 
10following form, the parenthetical references being applicable 
11to an application filed by a person in behalf of the applicant:
12 "I declare under penalties of perjury that I have examined 
13this form and all accompanying statements or documents 
14pertaining to the income and resources of myself (the 
15applicant) or any member of my family (the applicant's family) 
16included in this application for aid, or pertaining to any 
17other matter having bearing upon my (the applicant's) 
18eligibility for aid, and to the best of my knowledge and belief 
19the information supplied is true, correct, and complete".
20 (4) If an application for financial aid is filed for a 
21family, and any person in that family is under 18 years of age, 
22the application shall be accompanied by the following for each 
23such 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 
2families, orally by an intake worker and in writing when the 
3application is filed, about the availability and location of 
4immunization services.
5 (5) Once an applicant is determined eligible for aid, he 
6or she has the right to request to have the case transferred to 
7another local office of the Department of Human Services for 
8his or her convenience based on one of the following factors: 
9the location of his or her employer; the location of his or her 
10child care provider; access to reliable transportation; or the 
11location of a social service provider that he or she sees on a 
12regular basis. Within 5 business days after the request for 
13transfer, the Department shall transfer the case, assign a 
14caseworker, make appropriate entries in the computer system, 
15and issue a written notice to the recipient that includes the 
16name of and contact information for the caseworker. The 
17location of the recipient's case may be reconsidered on the 
18recipient's request or at the time of redetermination of 
19eligibility. 
20(Source: P.A. 96-867, eff. 1-1-11.)

21 Section 15. The Lawful Health Care Activity Act is amended 
22by changing Section 28-10 and by adding Sections 28-11, 28-12, 
2328-13, 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, 
16receiving, assisting in seeking, providing, or receiving, 
17providing material support for, or traveling to obtain lawful 
18health care. 
19 "Health records related to lawful health care" means 
20records that identify a person who has sought or received 
21lawful healthcare, including, but not limited to, information 
22regarding an individual's medical history, mental or physical 
23condition, or medical treatment or diagnosis by a healthcare 
24professional, and insurance and billing records for medical 
25care. 
26 "Location information related to lawful health care" means 
 
 
HB5239 Engrossed- 24 -LRB103 38291 JRC 68426 b


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


1 (c) This Section does not apply if an individual or 
2out-of-state officer, official, agency, entity, or department 
3is investigating conduct that would be subject to civil or 
4criminal 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 
8violation of Section 28-11 of this Act may bring a civil action 
9in a federal district court or State circuit court against the 
10offending unit of government. Any State claim brought in 
11federal district court shall be a supplemental claim to a 
12federal claim. Any action brought under this Act shall be 
13commenced within 2 years after the cause of action was 
14discovered.
15 (b) Upon motion, a court shall award reasonable attorney's 
16fees, court costs, and litigation expenses, including expert 
17witness fees and other litigation expenses, to a plaintiff who 
18is a prevailing party in any action brought under this Act. In 
19awarding reasonable attorney's fees, the court shall consider 
20the degree to which the relief obtained relates to the relief 
21sought.

22 (735 ILCS 40/28-13 new)
23 Sec. 28-13. Reservation of rights. Nothing in this Section 
24shall be construed to narrow, restrict, or otherwise limit in 
 
 
HB5239 Engrossed- 26 -LRB103 38291 JRC 68426 b


1any way any rights, protections, or causes of action with 
2respect to lawful health care, including, but not limited to, 
3any rights, protections, or causes of action set forth in the 
4Reproductive Health Act.

5 (735 ILCS 40/28-14 new)
6 Sec. 28-14. Home rule preemption. The regulation of lawful 
7health care activity is an exclusive power and function of the 
8State. A home rule unit may not regulate lawful health care 
9activity. This Section is a denial and limitation of home rule 
10powers and functions under subsection (h) of Section 6 of 
11Article VII of the Illinois Constitution.

12 Section 95. No acceleration or delay. Where this Act makes 
13changes in a statute that is represented in this Act by text 
14that is not yet or no longer in effect (for example, a Section 
15represented by multiple versions), the use of that text does 
16not accelerate or delay the taking effect of (i) the changes 
17made by this Act or (ii) provisions derived from any other 
18Public Act.