Illinois General Assembly - Full Text of HB5239
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Full Text of HB5239  103rd General Assembly

HB5239eng 103RD GENERAL ASSEMBLY

 


 
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

 

 

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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.

 

 

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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.

 

 

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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

 

 

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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.
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.