Rep. Kelly M. Cassidy
Filed: 4/15/2024
 
 
 




10300HB5239ham001LRB103 38291 JRC 72346 a


1
AMENDMENT TO HOUSE BILL 5239


2 AMENDMENT NO. ______. Amend House Bill 5239 by replacing 
3everything after the enacting clause with the following:

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.
 
 
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1  (c) Applications, related documents, and medical 
2 records received by the Experimental Organ Transplantation 
3 Procedures Board and any and all documents or other 
4 records prepared by the Experimental Organ Transplantation 
5 Procedures Board or its staff relating to applications it 
6 has received.
7  (d) Information and records held by the Department of 
8 Public Health and its authorized representatives relating 
9 to known or suspected cases of sexually transmissible 
10 disease or any information the disclosure of which is 
11 restricted under the Illinois Sexually Transmissible 
12 Disease Control Act.
13  (e) Information the disclosure of which is exempted 
14 under Section 30 of the Radon Industry Licensing Act.
15  (f) Firm performance evaluations under Section 55 of 
16 the Architectural, Engineering, and Land Surveying 
17 Qualifications Based Selection Act.
18  (g) Information the disclosure of which is restricted 
19 and exempted under Section 50 of the Illinois Prepaid 
20 Tuition Act.
21  (h) Information the disclosure of which is exempted 
22 under the State Officials and Employees Ethics Act, and 
23 records of any lawfully created State or local inspector 
24 general's office that would be exempt if created or 
25 obtained by an Executive Inspector General's office under 
26 that Act.
 
 
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1  (i) Information contained in a local emergency energy 
2 plan submitted to a municipality in accordance with a 
3 local emergency energy plan ordinance that is adopted 
4 under Section 11-21.5-5 of the Illinois Municipal Code.
5  (j) Information and data concerning the distribution 
6 of surcharge moneys collected and remitted by carriers 
7 under the Emergency Telephone System Act.
8  (k) Law enforcement officer identification information 
9 or driver identification information compiled by a law 
10 enforcement agency or the Department of Transportation 
11 under Section 11-212 of the Illinois Vehicle Code.
12  (l) Records and information provided to a residential 
13 health care facility resident sexual assault and death 
14 review team or the Executive Council under the Abuse 
15 Prevention Review Team Act.
16  (m) Information provided to the predatory lending 
17 database created pursuant to Article 3 of the Residential 
18 Real Property Disclosure Act, except to the extent 
19 authorized under that Article.
20  (n) Defense budgets and petitions for certification of 
21 compensation and expenses for court appointed trial 
22 counsel as provided under Sections 10 and 15 of the 
23 Capital Crimes Litigation Act (repealed). This subsection 
24 (n) shall apply until the conclusion of the trial of the 
25 case, even if the prosecution chooses not to pursue the 
26 death penalty prior to trial or sentencing.
 
 
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1  (o) Information that is prohibited from being 
2 disclosed under Section 4 of the Illinois Health and 
3 Hazardous Substances Registry Act.
4  (p) Security portions of system safety program plans, 
5 investigation reports, surveys, schedules, lists, data, or 
6 information compiled, collected, or prepared by or for the 
7 Department of Transportation under Sections 2705-300 and 
8 2705-616 of the Department of Transportation Law of the 
9 Civil Administrative Code of Illinois, the Regional 
10 Transportation Authority under Section 2.11 of the 
11 Regional Transportation Authority Act, or the St. Clair 
12 County Transit District under the Bi-State Transit Safety 
13 Act (repealed). 
14  (q) Information prohibited from being disclosed by the 
15 Personnel Record Review Act. 
16  (r) Information prohibited from being disclosed by the 
17 Illinois School Student Records Act. 
18  (s) Information the disclosure of which is restricted 
19 under Section 5-108 of the Public Utilities Act. 
20  (t) (Blank). 
21  (u) Records and information provided to an independent 
22 team of experts under the Developmental Disability and 
23 Mental Health Safety Act (also known as Brian's Law). 
24  (v) Names and information of people who have applied 
25 for or received Firearm Owner's Identification Cards under 
26 the Firearm Owners Identification Card Act or applied for 
 
 
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1 or received a concealed carry license under the Firearm 
2 Concealed Carry Act, unless otherwise authorized by the 
3 Firearm Concealed Carry Act; and databases under the 
4 Firearm Concealed Carry Act, records of the Concealed 
5 Carry Licensing Review Board under the Firearm Concealed 
6 Carry Act, and law enforcement agency objections under the 
7 Firearm Concealed Carry Act. 
8  (v-5) Records of the Firearm Owner's Identification 
9 Card Review Board that are exempted from disclosure under 
10 Section 10 of the Firearm Owners Identification Card Act.
11  (w) Personally identifiable information which is 
12 exempted from disclosure under subsection (g) of Section 
13 19.1 of the Toll Highway Act.
14  (x) Information which is exempted from disclosure 
15 under Section 5-1014.3 of the Counties Code or Section 
16 8-11-21 of the Illinois Municipal Code. 
17  (y) Confidential information under the Adult 
18 Protective Services Act and its predecessor enabling 
19 statute, the Elder Abuse and Neglect Act, including 
20 information about the identity and administrative finding 
21 against any caregiver of a verified and substantiated 
22 decision of abuse, neglect, or financial exploitation of 
23 an eligible adult maintained in the Registry established 
24 under Section 7.5 of the Adult Protective Services Act. 
25  (z) Records and information provided to a fatality 
26 review team or the Illinois Fatality Review Team Advisory 
 
 
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1 Council under Section 15 of the Adult Protective Services 
2 Act. 
3  (aa) Information which is exempted from disclosure 
4 under Section 2.37 of the Wildlife Code. 
5  (bb) Information which is or was prohibited from 
6 disclosure by the Juvenile Court Act of 1987. 
7  (cc) Recordings made under the Law Enforcement 
8 Officer-Worn Body Camera Act, except to the extent 
9 authorized under that Act.
10  (dd) Information that is prohibited from being 
11 disclosed under Section 45 of the Condominium and Common 
12 Interest Community Ombudsperson Act. 
13  (ee) Information that is exempted from disclosure 
14 under Section 30.1 of the Pharmacy Practice Act. 
15  (ff) Information that is exempted from disclosure 
16 under the Revised Uniform Unclaimed Property Act. 
17  (gg) Information that is prohibited from being 
18 disclosed under Section 7-603.5 of the Illinois Vehicle 
19 Code. 
20  (hh) Records that are exempt from disclosure under 
21 Section 1A-16.7 of the Election Code. 
22  (ii) Information which is exempted from disclosure 
23 under Section 2505-800 of the Department of Revenue Law of 
24 the Civil Administrative Code of Illinois. 
25  (jj) Information and reports that are required to be 
26 submitted to the Department of Labor by registering day 
 
 
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1 and temporary labor service agencies but are exempt from 
2 disclosure under subsection (a-1) of Section 45 of the Day 
3 and Temporary Labor Services Act. 
4  (kk) Information prohibited from disclosure under the 
5 Seizure and Forfeiture Reporting Act. 
6  (ll) Information the disclosure of which is restricted 
7 and exempted under Section 5-30.8 of the Illinois Public 
8 Aid Code. 
9  (mm) Records that are exempt from disclosure under 
10 Section 4.2 of the Crime Victims Compensation Act. 
11  (nn) Information that is exempt from disclosure under 
12 Section 70 of the Higher Education Student Assistance Act. 
13  (oo) Communications, notes, records, and reports 
14 arising out of a peer support counseling session 
15 prohibited from disclosure under the First Responders 
16 Suicide Prevention Act. 
17  (pp) Names and all identifying information relating to 
18 an employee of an emergency services provider or law 
19 enforcement agency under the First Responders Suicide 
20 Prevention Act. 
21  (qq) Information and records held by the Department of 
22 Public Health and its authorized representatives collected 
23 under the Reproductive Health Act. 
24  (rr) Information that is exempt from disclosure under 
25 the Cannabis Regulation and Tax Act. 
26  (ss) Data reported by an employer to the Department of 
 
 
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1 Human Rights pursuant to Section 2-108 of the Illinois 
2 Human Rights Act.
3  (tt) Recordings made under the Children's Advocacy 
4 Center Act, except to the extent authorized under that 
5 Act. 
6  (uu) Information that is exempt from disclosure under 
7 Section 50 of the Sexual Assault Evidence Submission Act. 
8  (vv) Information that is exempt from disclosure under 
9 subsections (f) and (j) of Section 5-36 of the Illinois 
10 Public Aid Code. 
11  (ww) Information that is exempt from disclosure under 
12 Section 16.8 of the State Treasurer Act. 
13  (xx) Information that is exempt from disclosure or 
14 information that shall not be made public under the 
15 Illinois Insurance Code. 
16  (yy) Information prohibited from being disclosed under 
17 the Illinois Educational Labor Relations Act.
18  (zz) Information prohibited from being disclosed under 
19 the Illinois Public Labor Relations Act. 
20  (aaa) Information prohibited from being disclosed 
21 under Section 1-167 of the Illinois Pension Code. 
22  (bbb) Information that is prohibited from disclosure 
23 by the Illinois Police Training Act and the Illinois State 
24 Police Act. 
25  (ccc) Records exempt from disclosure under Section 
26 2605-304 of the Illinois State Police Law of the Civil 
 
 
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1 Administrative Code of Illinois. 
2  (ddd) Information prohibited from being disclosed 
3 under Section 35 of the Address Confidentiality for 
4 Victims of Domestic Violence, Sexual Assault, Human 
5 Trafficking, or Stalking Act. 
6  (eee) Information prohibited from being disclosed 
7 under subsection (b) of Section 75 of the Domestic 
8 Violence Fatality Review Act. 
9  (fff) Images from cameras under the Expressway Camera 
10 Act. This subsection (fff) is inoperative on and after 
11 July 1, 2025. 
12  (ggg) Information prohibited from disclosure under 
13 paragraph (3) of subsection (a) of Section 14 of the Nurse 
14 Agency Licensing Act. 
15  (hhh) Information submitted to the Illinois State 
16 Police in an affidavit or application for an assault 
17 weapon endorsement, assault weapon attachment endorsement, 
18 .50 caliber rifle endorsement, or .50 caliber cartridge 
19 endorsement under the Firearm Owners Identification Card 
20 Act. 
21  (iii) Data exempt from disclosure under Section 50 of 
22 the School Safety Drill Act. 
23  (jjj) (hhh) Information exempt from disclosure under 
24 Section 30 of the Insurance Data Security Law. 
25  (kkk) (iii) Confidential business information 
26 prohibited from disclosure under Section 45 of the Paint 
 
 
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1 Stewardship Act. 
2  (lll) (Reserved). 
3  (mmm) (iii) Information prohibited from being 
4 disclosed under subsection (e) of Section 1-129 of the 
5 Illinois Power Agency Act. 
6  (nnn) Information that is exempt from disclosure under 
7 Section 28-11 of the Lawful Health Care Activity Act. 
8(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; 
9102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. 
108-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; 
11102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. 
126-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, 
13eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 
14revised 1-2-24.)

15 (Text of Section after amendment by P.A. 103-472)
16 Sec. 7.5. Statutory exemptions. To the extent provided for 
17by the statutes referenced below, the following shall be 
18exempt from inspection and copying:
19  (a) All information determined to be confidential 
20 under Section 4002 of the Technology Advancement and 
21 Development Act.
22  (b) Library circulation and order records identifying 
23 library users with specific materials under the Library 
24 Records Confidentiality Act.
25  (c) Applications, related documents, and medical 
 
 
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1 records received by the Experimental Organ Transplantation 
2 Procedures Board and any and all documents or other 
3 records prepared by the Experimental Organ Transplantation 
4 Procedures Board or its staff relating to applications it 
5 has received.
6  (d) Information and records held by the Department of 
7 Public Health and its authorized representatives relating 
8 to known or suspected cases of sexually transmissible 
9 disease or any information the disclosure of which is 
10 restricted under the Illinois Sexually Transmissible 
11 Disease Control Act.
12  (e) Information the disclosure of which is exempted 
13 under Section 30 of the Radon Industry Licensing Act.
14  (f) Firm performance evaluations under Section 55 of 
15 the Architectural, Engineering, and Land Surveying 
16 Qualifications Based Selection Act.
17  (g) Information the disclosure of which is restricted 
18 and exempted under Section 50 of the Illinois Prepaid 
19 Tuition Act.
20  (h) Information the disclosure of which is exempted 
21 under the State Officials and Employees Ethics Act, and 
22 records of any lawfully created State or local inspector 
23 general's office that would be exempt if created or 
24 obtained by an Executive Inspector General's office under 
25 that Act.
26  (i) Information contained in a local emergency energy 
 
 
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1 plan submitted to a municipality in accordance with a 
2 local emergency energy plan ordinance that is adopted 
3 under Section 11-21.5-5 of the Illinois Municipal Code.
4  (j) Information and data concerning the distribution 
5 of surcharge moneys collected and remitted by carriers 
6 under the Emergency Telephone System Act.
7  (k) Law enforcement officer identification information 
8 or driver identification information compiled by a law 
9 enforcement agency or the Department of Transportation 
10 under Section 11-212 of the Illinois Vehicle Code.
11  (l) Records and information provided to a residential 
12 health care facility resident sexual assault and death 
13 review team or the Executive Council under the Abuse 
14 Prevention Review Team Act.
15  (m) Information provided to the predatory lending 
16 database created pursuant to Article 3 of the Residential 
17 Real Property Disclosure Act, except to the extent 
18 authorized under that Article.
19  (n) Defense budgets and petitions for certification of 
20 compensation and expenses for court appointed trial 
21 counsel as provided under Sections 10 and 15 of the 
22 Capital Crimes Litigation Act (repealed). This subsection 
23 (n) shall apply until the conclusion of the trial of the 
24 case, even if the prosecution chooses not to pursue the 
25 death penalty prior to trial or sentencing.
26  (o) Information that is prohibited from being 
 
 
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1 disclosed under Section 4 of the Illinois Health and 
2 Hazardous Substances Registry Act.
3  (p) Security portions of system safety program plans, 
4 investigation reports, surveys, schedules, lists, data, or 
5 information compiled, collected, or prepared by or for the 
6 Department of Transportation under Sections 2705-300 and 
7 2705-616 of the Department of Transportation Law of the 
8 Civil Administrative Code of Illinois, the Regional 
9 Transportation Authority under Section 2.11 of the 
10 Regional Transportation Authority Act, or the St. Clair 
11 County Transit District under the Bi-State Transit Safety 
12 Act (repealed). 
13  (q) Information prohibited from being disclosed by the 
14 Personnel Record Review Act. 
15  (r) Information prohibited from being disclosed by the 
16 Illinois School Student Records Act. 
17  (s) Information the disclosure of which is restricted 
18 under Section 5-108 of the Public Utilities Act. 
19  (t) (Blank). 
20  (u) Records and information provided to an independent 
21 team of experts under the Developmental Disability and 
22 Mental Health Safety Act (also known as Brian's Law). 
23  (v) Names and information of people who have applied 
24 for or received Firearm Owner's Identification Cards under 
25 the Firearm Owners Identification Card Act or applied for 
26 or received a concealed carry license under the Firearm 
 
 
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1 Concealed Carry Act, unless otherwise authorized by the 
2 Firearm Concealed Carry Act; and databases under the 
3 Firearm Concealed Carry Act, records of the Concealed 
4 Carry Licensing Review Board under the Firearm Concealed 
5 Carry Act, and law enforcement agency objections under the 
6 Firearm Concealed Carry Act. 
7  (v-5) Records of the Firearm Owner's Identification 
8 Card Review Board that are exempted from disclosure under 
9 Section 10 of the Firearm Owners Identification Card Act.
10  (w) Personally identifiable information which is 
11 exempted from disclosure under subsection (g) of Section 
12 19.1 of the Toll Highway Act.
13  (x) Information which is exempted from disclosure 
14 under Section 5-1014.3 of the Counties Code or Section 
15 8-11-21 of the Illinois Municipal Code. 
16  (y) Confidential information under the Adult 
17 Protective Services Act and its predecessor enabling 
18 statute, the Elder Abuse and Neglect Act, including 
19 information about the identity and administrative finding 
20 against any caregiver of a verified and substantiated 
21 decision of abuse, neglect, or financial exploitation of 
22 an eligible adult maintained in the Registry established 
23 under Section 7.5 of the Adult Protective Services Act. 
24  (z) Records and information provided to a fatality 
25 review team or the Illinois Fatality Review Team Advisory 
26 Council under Section 15 of the Adult Protective Services 
 
 
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1 Act. 
2  (aa) Information which is exempted from disclosure 
3 under Section 2.37 of the Wildlife Code. 
4  (bb) Information which is or was prohibited from 
5 disclosure by the Juvenile Court Act of 1987. 
6  (cc) Recordings made under the Law Enforcement 
7 Officer-Worn Body Camera Act, except to the extent 
8 authorized under that Act.
9  (dd) Information that is prohibited from being 
10 disclosed under Section 45 of the Condominium and Common 
11 Interest Community Ombudsperson Act. 
12  (ee) Information that is exempted from disclosure 
13 under Section 30.1 of the Pharmacy Practice Act. 
14  (ff) Information that is exempted from disclosure 
15 under the Revised Uniform Unclaimed Property Act. 
16  (gg) Information that is prohibited from being 
17 disclosed under Section 7-603.5 of the Illinois Vehicle 
18 Code. 
19  (hh) Records that are exempt from disclosure under 
20 Section 1A-16.7 of the Election Code. 
21  (ii) Information which is exempted from disclosure 
22 under Section 2505-800 of the Department of Revenue Law of 
23 the Civil Administrative Code of Illinois. 
24  (jj) Information and reports that are required to be 
25 submitted to the Department of Labor by registering day 
26 and temporary labor service agencies but are exempt from 
 
 
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1 disclosure under subsection (a-1) of Section 45 of the Day 
2 and Temporary Labor Services Act. 
3  (kk) Information prohibited from disclosure under the 
4 Seizure and Forfeiture Reporting Act. 
5  (ll) Information the disclosure of which is restricted 
6 and exempted under Section 5-30.8 of the Illinois Public 
7 Aid Code. 
8  (mm) Records that are exempt from disclosure under 
9 Section 4.2 of the Crime Victims Compensation Act. 
10  (nn) Information that is exempt from disclosure under 
11 Section 70 of the Higher Education Student Assistance Act. 
12  (oo) Communications, notes, records, and reports 
13 arising out of a peer support counseling session 
14 prohibited from disclosure under the First Responders 
15 Suicide Prevention Act. 
16  (pp) Names and all identifying information relating to 
17 an employee of an emergency services provider or law 
18 enforcement agency under the First Responders Suicide 
19 Prevention Act. 
20  (qq) Information and records held by the Department of 
21 Public Health and its authorized representatives collected 
22 under the Reproductive Health Act. 
23  (rr) Information that is exempt from disclosure under 
24 the Cannabis Regulation and Tax Act. 
25  (ss) Data reported by an employer to the Department of 
26 Human Rights pursuant to Section 2-108 of the Illinois 
 
 
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1 Human Rights Act.
2  (tt) Recordings made under the Children's Advocacy 
3 Center Act, except to the extent authorized under that 
4 Act. 
5  (uu) Information that is exempt from disclosure under 
6 Section 50 of the Sexual Assault Evidence Submission Act. 
7  (vv) Information that is exempt from disclosure under 
8 subsections (f) and (j) of Section 5-36 of the Illinois 
9 Public Aid Code. 
10  (ww) Information that is exempt from disclosure under 
11 Section 16.8 of the State Treasurer Act. 
12  (xx) Information that is exempt from disclosure or 
13 information that shall not be made public under the 
14 Illinois Insurance Code. 
15  (yy) Information prohibited from being disclosed under 
16 the Illinois Educational Labor Relations Act.
17  (zz) Information prohibited from being disclosed under 
18 the Illinois Public Labor Relations Act. 
19  (aaa) Information prohibited from being disclosed 
20 under Section 1-167 of the Illinois Pension Code. 
21  (bbb) Information that is prohibited from disclosure 
22 by the Illinois Police Training Act and the Illinois State 
23 Police Act. 
24  (ccc) Records exempt from disclosure under Section 
25 2605-304 of the Illinois State Police Law of the Civil 
26 Administrative Code of Illinois. 
 
 
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1  (ddd) Information prohibited from being disclosed 
2 under Section 35 of the Address Confidentiality for 
3 Victims of Domestic Violence, Sexual Assault, Human 
4 Trafficking, or Stalking Act. 
5  (eee) Information prohibited from being disclosed 
6 under subsection (b) of Section 75 of the Domestic 
7 Violence Fatality Review Act. 
8  (fff) Images from cameras under the Expressway Camera 
9 Act. This subsection (fff) is inoperative on and after 
10 July 1, 2025. 
11  (ggg) Information prohibited from disclosure under 
12 paragraph (3) of subsection (a) of Section 14 of the Nurse 
13 Agency Licensing Act. 
14  (hhh) Information submitted to the Illinois State 
15 Police in an affidavit or application for an assault 
16 weapon endorsement, assault weapon attachment endorsement, 
17 .50 caliber rifle endorsement, or .50 caliber cartridge 
18 endorsement under the Firearm Owners Identification Card 
19 Act. 
20  (iii) Data exempt from disclosure under Section 50 of 
21 the School Safety Drill Act. 
22  (jjj) (hhh) Information exempt from disclosure under 
23 Section 30 of the Insurance Data Security Law. 
24  (kkk) (iii) Confidential business information 
25 prohibited from disclosure under Section 45 of the Paint 
26 Stewardship Act. 
 
 
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1  (lll) (iii) Data exempt from disclosure under Section 
2 2-3.196 of the School Code. 
3  (mmm) (iii) Information prohibited from being 
4 disclosed under subsection (e) of Section 1-129 of the 
5 Illinois Power Agency Act. 
6  (nnn) Information that is exempt from disclosure under 
7 Section 28-11 of the Lawful Health Care Activity Act. 
8(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; 
9102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. 
108-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; 
11102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. 
126-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, 
13eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; 
14103-580, eff. 12-8-23; revised 1-2-24.)

15 Section 10. The Illinois Public Aid Code is amended by 
16changing Section 11-15 as follows:

17 (305 ILCS 5/11-15) (from Ch. 23, par. 11-15)
18 Sec. 11-15. Application requirements. 
19 (1) An application for financial aid shall be filed in 
20writing by the person requesting aid and, in the case of a 
21request for family aid, by the head of that family, except as 
22otherwise permitted in paragraph (2). Applications for aid 
23under Articles III, IV, and V shall be filed in writing with 
24any local office of the Department of Human Services in the 
 
 
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1manner prescribed by the Department. Applications for aid 
2under Article VI shall be filed in writing with the local 
3governmental unit upon forms approved by the Department. 
4 Each applicant shall provide information as to the amount 
5of property, real and personal, owned by him or her within the 
6period of time preceding the application as required under 
7Sections 3-1.3, 4-1.11, and 5-2.1 of this Code. The applicant 
8shall also furnish information concerning all income, money 
9contributions, and other support from any source, and the 
10beneficiary and the amount or cash surrender or loan value of 
11all insurance policies held by himself or herself or any 
12member of his family for whom aid is requested.
13 (2) An application, in all instances to be in writing, may 
14be filed in behalf of a person considered to be in need of 
15financial aid under Articles III, IV, V, or VI only if the 
16person 
17  (a) has been adjudged to be under legal disability; or 
18  (b) is unable because of minority or physical or 
19 mental disability, to execute the application; or 
20  (c) in the case of need for funeral and burial, died 
21 before an application was filed and the application is 
22 filed not more than 30 days after the person's death, 
23 excluding the day on which the death occurred.
24 Applications in behalf of persons specified in (a) and (b) 
25shall be filed by the applicant's legal guardian or, if a 
26guardian has not been appointed or the applicant has no legal 
 
 
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1guardian or the guardian is not available, by a relative or 
2other person, acceptable under the rules of the Illinois 
3Department, who is able to furnish the required information. 
4Applications in behalf of persons specified in (c) shall be 
5filed by any next of kin of the deceased who is not under legal 
6disability or, if there are no such next of kin or they are 
7unknown or unavailable, by a person, acceptable under the 
8rules of the Illinois Department, who is able to furnish the 
9required information.
10 Notwithstanding any other provision of this paragraph (2), 
11a minor may sign and file an application on the minor's own 
12behalf if the application is for the Article V family planning 
13program established under Section 5-5 by Public Act 102-665. 
14 (3) The application shall contain a written declaration to 
15be signed by the applicant, or in behalf of the applicant by a 
16person qualified under paragraph (2), in substantially the 
17following form, the parenthetical references being applicable 
18to an application filed by a person in behalf of the applicant:
19 "I declare under penalties of perjury that I have examined 
20this form and all accompanying statements or documents 
21pertaining to the income and resources of myself (the 
22applicant) or any member of my family (the applicant's family) 
23included in this application for aid, or pertaining to any 
24other matter having bearing upon my (the applicant's) 
25eligibility for aid, and to the best of my knowledge and belief 
26the information supplied is true, correct, and complete".
 
 
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1 (4) If an application for financial aid is filed for a 
2family, and any person in that family is under 18 years of age, 
3the application shall be accompanied by the following for each 
4such person under 18 years of age: 
5  (i) a copy of the person's birth certificate, or 
6  (ii) other reliable proof, as determined by the 
7 Department, of the person's identity and age.
8 The Illinois Department shall provide information to all 
9families, orally by an intake worker and in writing when the 
10application is filed, about the availability and location of 
11immunization services.
12 (5) Once an applicant is determined eligible for aid, he 
13or she has the right to request to have the case transferred to 
14another local office of the Department of Human Services for 
15his or her convenience based on one of the following factors: 
16the location of his or her employer; the location of his or her 
17child care provider; access to reliable transportation; or the 
18location of a social service provider that he or she sees on a 
19regular basis. Within 5 business days after the request for 
20transfer, the Department shall transfer the case, assign a 
21caseworker, make appropriate entries in the computer system, 
22and issue a written notice to the recipient that includes the 
23name of and contact information for the caseworker. The 
24location of the recipient's case may be reconsidered on the 
25recipient's request or at the time of redetermination of 
26eligibility. 
 
 
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1(Source: P.A. 96-867, eff. 1-1-11.)

2 Section 15. The Lawful Health Care Activity Act is amended 
3by changing Section 28-10 and by adding Sections 28-11, 28-12, 
428-13, and 28-14 as follows:

5 (735 ILCS 40/28-10)
6 Sec. 28-10. Definitions. As used in this Act:
7 "Lawful health care" means:
8  (1) reproductive health care that is not unlawful 
9 under the laws of this State, including on any theory of 
10 vicarious, joint, several, or conspiracy liability; or
11  (2) the treatment of gender dysphoria or the 
12 affirmation of an individual's gender identity or gender 
13 expression, including, but not limited to, all supplies, 
14 care, and services of a medical, behavioral health, mental 
15 health, surgical, psychiatric, therapeutic, diagnostic, 
16 preventative, rehabilitative, or supportive nature that is 
17 not unlawful under the laws of this State, including on 
18 any theory of vicarious, joint, several, or conspiracy 
19 liability. 
20 "Lawful health care activity" means seeking, providing, 
21receiving, assisting in seeking, providing, or receiving, 
22providing material support for, or traveling to obtain lawful 
23health care. 
24 "Health records related to lawful health care" means 
 
 
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1records that identify a person who has sought or received 
2lawful healthcare, including, but not limited to, information 
3regarding an individual's medical history, mental or physical 
4condition, or medical treatment or diagnosis by a healthcare 
5professional, and insurance and billing records for medical 
6care. 
7 "Location information related to lawful health care" means 
8precise location information that could be reasonably used to 
9identify a person's attempt to acquire or receive lawful 
10health care, including, but not limited to, records of the 
11location of a person's license plate, records of the location 
12of a cell phone or other device that tracks location, or 
13records of observations of a person's location when the 
14location is near a provider of lawful health care. 
15 "Reproductive health care" shall have the same meaning as 
16Section 1-10 of the Reproductive Health Act. 
17 "State" has the meaning given in Section 1-10 of the 
18Reproductive Health Act. 
19(Source: P.A. 102-1117, eff. 1-13-23.)

20 (735 ILCS 40/28-11 new)
21 Sec. 28-11. Prohibited State actions. 
22 (a) Unless otherwise necessary to comply with Illinois or 
23federal law, the State shall not provide any information or 
24expend or use any time, money, facilities, property, 
25equipment, personnel, or other resources to assist any 
 
 
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1individual, or out-of-state officer, official, agency, entity, 
2or department seeking to impose civil or criminal liability 
3upon a person or entity for lawful healthcare activity.
4 (b) Location information related to lawful health care and 
5health records related to lawful health care are confidential 
6and exempt from disclosure under the Freedom of Information 
7Act.
8 (c) This Section does not apply if an individual or 
9out-of-state officer, official, agency, entity, or department 
10is investigating conduct that would be subject to civil or 
11criminal liability under the laws of Illinois.

12 (735 ILCS 40/28-12 new)
13 Sec. 28-12. Cause of action. 
14 (a) Any party aggrieved by conduct or regulation in 
15violation of Section 28-11 of this Act may bring a civil action 
16in a federal district court or State circuit court against the 
17offending unit of government. Any State claim brought in 
18federal district court shall be a supplemental claim to a 
19federal claim. Any action brought under this Act shall be 
20commenced within 2 years after the cause of action was 
21discovered.
22 (b) Upon motion, a court shall award reasonable attorney's 
23fees, court costs, and litigation expenses, including expert 
24witness fees and other litigation expenses, to a plaintiff who 
25is a prevailing party in any action brought under this Act. In 
 
 
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1awarding reasonable attorney's fees, the court shall consider 
2the degree to which the relief obtained relates to the relief 
3sought.

4 (735 ILCS 40/28-13 new)
5 Sec. 28-13. Reservation of rights. Nothing in this Section 
6shall be construed to narrow, restrict, or otherwise limit in 
7any way any rights, protections, or causes of action with 
8respect to lawful health care, including, but not limited to, 
9any rights, protections, or causes of action set forth in the 
10Reproductive Health Act.

11 (735 ILCS 40/28-14 new)
12 Sec. 28-14. Home rule preemption. The regulation of lawful 
13health care activity is an exclusive power and function of the 
14State. A home rule unit may not regulate lawful health care 
15activity. This Section is a denial and limitation of home rule 
16powers and functions under subsection (h) of Section 6 of 
17Article VII of the Illinois Constitution.

18 Section 95. No acceleration or delay. Where this Act makes 
19changes in a statute that is represented in this Act by text 
20that is not yet or no longer in effect (for example, a Section 
21represented by multiple versions), the use of that text does 
22not accelerate or delay the taking effect of (i) the changes 
23made by this Act or (ii) provisions derived from any other 
 
 
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1Public Act.