Illinois 2023-2024 Regular Session

Illinois House Bill HB5239 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0786
2	1		HB5239 EnrolledLRB103 38291 JRC 68426 b HB5239 Enrolled LRB103 38291 JRC 68426 b
3	2		HB5239 Enrolled LRB103 38291 JRC 68426 b
4		-	AN ACT concerning civil law.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Freedom of Information Act is amended by
8		-	changing Section 7.5 as follows:
9		-	(5 ILCS 140/7.5)
10		-	(Text of Section before amendment by P.A. 103-472)
11		-	Sec. 7.5. Statutory exemptions. To the extent provided for
12		-	by the statutes referenced below, the following shall be
13		-	exempt from inspection and copying:
14		-	(a) All information determined to be confidential
15		-	under Section 4002 of the Technology Advancement and
16		-	Development Act.
17		-	(b) Library circulation and order records identifying
18		-	library users with specific materials under the Library
19		-	Records Confidentiality Act.
20		-	(c) Applications, related documents, and medical
21		-	records received by the Experimental Organ Transplantation
22		-	Procedures Board and any and all documents or other
23		-	records prepared by the Experimental Organ Transplantation
24		-	Procedures Board or its staff relating to applications it
25		-	has received.
26		-	(d) Information and records held by the Department of
	3	+	1 AN ACT concerning civil law.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Freedom of Information Act is amended by
	7	+	5 changing Section 7.5 as follows:
	8	+	6 (5 ILCS 140/7.5)
	9	+	7 (Text of Section before amendment by P.A. 103-472)
	10	+	8 Sec. 7.5. Statutory exemptions. To the extent provided for
	11	+	9 by the statutes referenced below, the following shall be
	12	+	10 exempt from inspection and copying:
	13	+	11 (a) All information determined to be confidential
	14	+	12 under Section 4002 of the Technology Advancement and
	15	+	13 Development Act.
	16	+	14 (b) Library circulation and order records identifying
	17	+	15 library users with specific materials under the Library
	18	+	16 Records Confidentiality Act.
	19	+	17 (c) Applications, related documents, and medical
	20	+	18 records received by the Experimental Organ Transplantation
	21	+	19 Procedures Board and any and all documents or other
	22	+	20 records prepared by the Experimental Organ Transplantation
	23	+	21 Procedures Board or its staff relating to applications it
	24	+	22 has received.
	25	+	23 (d) Information and records held by the Department of
27	26
28	27
29	28
30	29		HB5239 Enrolled LRB103 38291 JRC 68426 b
31	30
32	31
33		-	Public Health and its authorized representatives relating
34		-	to known or suspected cases of sexually transmissible
35		-	disease or any information the disclosure of which is
36		-	restricted under the Illinois Sexually Transmissible
37		-	Disease Control Act.
38		-	(e) Information the disclosure of which is exempted
39		-	under Section 30 of the Radon Industry Licensing Act.
40		-	(f) Firm performance evaluations under Section 55 of
41		-	the Architectural, Engineering, and Land Surveying
42		-	Qualifications Based Selection Act.
43		-	(g) Information the disclosure of which is restricted
44		-	and exempted under Section 50 of the Illinois Prepaid
45		-	Tuition Act.
46		-	(h) Information the disclosure of which is exempted
47		-	under the State Officials and Employees Ethics Act, and
48		-	records of any lawfully created State or local inspector
49		-	general's office that would be exempt if created or
50		-	obtained by an Executive Inspector General's office under
51		-	that Act.
52		-	(i) Information contained in a local emergency energy
53		-	plan submitted to a municipality in accordance with a
54		-	local emergency energy plan ordinance that is adopted
55		-	under Section 11-21.5-5 of the Illinois Municipal Code.
56		-	(j) Information and data concerning the distribution
57		-	of surcharge moneys collected and remitted by carriers
58		-	under the Emergency Telephone System Act.
	32	+	HB5239 Enrolled- 2 -LRB103 38291 JRC 68426 b HB5239 Enrolled - 2 - LRB103 38291 JRC 68426 b
	33	+	HB5239 Enrolled - 2 - LRB103 38291 JRC 68426 b
	34	+	1 Public Health and its authorized representatives relating
	35	+	2 to known or suspected cases of sexually transmissible
	36	+	3 disease or any information the disclosure of which is
	37	+	4 restricted under the Illinois Sexually Transmissible
	38	+	5 Disease Control Act.
	39	+	6 (e) Information the disclosure of which is exempted
	40	+	7 under Section 30 of the Radon Industry Licensing Act.
	41	+	8 (f) Firm performance evaluations under Section 55 of
	42	+	9 the Architectural, Engineering, and Land Surveying
	43	+	10 Qualifications Based Selection Act.
	44	+	11 (g) Information the disclosure of which is restricted
	45	+	12 and exempted under Section 50 of the Illinois Prepaid
	46	+	13 Tuition Act.
	47	+	14 (h) Information the disclosure of which is exempted
	48	+	15 under the State Officials and Employees Ethics Act, and
	49	+	16 records of any lawfully created State or local inspector
	50	+	17 general's office that would be exempt if created or
	51	+	18 obtained by an Executive Inspector General's office under
	52	+	19 that Act.
	53	+	20 (i) Information contained in a local emergency energy
	54	+	21 plan submitted to a municipality in accordance with a
	55	+	22 local emergency energy plan ordinance that is adopted
	56	+	23 under Section 11-21.5-5 of the Illinois Municipal Code.
	57	+	24 (j) Information and data concerning the distribution
	58	+	25 of surcharge moneys collected and remitted by carriers
	59	+	26 under the Emergency Telephone System Act.
59	60
60	61
61		-	(k) Law enforcement officer identification information
62		-	or driver identification information compiled by a law
63		-	enforcement agency or the Department of Transportation
64		-	under Section 11-212 of the Illinois Vehicle Code.
65		-	(l) Records and information provided to a residential
66		-	health care facility resident sexual assault and death
67		-	review team or the Executive Council under the Abuse
68		-	Prevention Review Team Act.
69		-	(m) Information provided to the predatory lending
70		-	database created pursuant to Article 3 of the Residential
71		-	Real Property Disclosure Act, except to the extent
72		-	authorized under that Article.
73		-	(n) Defense budgets and petitions for certification of
74		-	compensation and expenses for court appointed trial
75		-	counsel as provided under Sections 10 and 15 of the
76		-	Capital Crimes Litigation Act (repealed). This subsection
77		-	(n) shall apply until the conclusion of the trial of the
78		-	case, even if the prosecution chooses not to pursue the
79		-	death penalty prior to trial or sentencing.
80		-	(o) Information that is prohibited from being
81		-	disclosed under Section 4 of the Illinois Health and
82		-	Hazardous Substances Registry Act.
83		-	(p) Security portions of system safety program plans,
84		-	investigation reports, surveys, schedules, lists, data, or
85		-	information compiled, collected, or prepared by or for the
86		-	Department of Transportation under Sections 2705-300 and
87	62
88	63
89		-	2705-616 of the Department of Transportation Law of the
90		-	Civil Administrative Code of Illinois, the Regional
91		-	Transportation Authority under Section 2.11 of the
92		-	Regional Transportation Authority Act, or the St. Clair
93		-	County Transit District under the Bi-State Transit Safety
94		-	Act (repealed).
95		-	(q) Information prohibited from being disclosed by the
96		-	Personnel Record Review Act.
97		-	(r) Information prohibited from being disclosed by the
98		-	Illinois School Student Records Act.
99		-	(s) Information the disclosure of which is restricted
100		-	under Section 5-108 of the Public Utilities Act.
101		-	(t) (Blank).
102		-	(u) Records and information provided to an independent
103		-	team of experts under the Developmental Disability and
104		-	Mental Health Safety Act (also known as Brian's Law).
105		-	(v) Names and information of people who have applied
106		-	for or received Firearm Owner's Identification Cards under
107		-	the Firearm Owners Identification Card Act or applied for
108		-	or received a concealed carry license under the Firearm
109		-	Concealed Carry Act, unless otherwise authorized by the
110		-	Firearm Concealed Carry Act; and databases under the
111		-	Firearm Concealed Carry Act, records of the Concealed
112		-	Carry Licensing Review Board under the Firearm Concealed
113		-	Carry Act, and law enforcement agency objections under the
114		-	Firearm Concealed Carry Act.
	64	+
	65	+	HB5239 Enrolled - 2 - LRB103 38291 JRC 68426 b
115	66
116	67
117		-	(v-5) Records of the Firearm Owner's Identification
118		-	Card Review Board that are exempted from disclosure under
119		-	Section 10 of the Firearm Owners Identification Card Act.
120		-	(w) Personally identifiable information which is
121		-	exempted from disclosure under subsection (g) of Section
122		-	19.1 of the Toll Highway Act.
123		-	(x) Information which is exempted from disclosure
124		-	under Section 5-1014.3 of the Counties Code or Section
125		-	8-11-21 of the Illinois Municipal Code.
126		-	(y) Confidential information under the Adult
127		-	Protective Services Act and its predecessor enabling
128		-	statute, the Elder Abuse and Neglect Act, including
129		-	information about the identity and administrative finding
130		-	against any caregiver of a verified and substantiated
131		-	decision of abuse, neglect, or financial exploitation of
132		-	an eligible adult maintained in the Registry established
133		-	under Section 7.5 of the Adult Protective Services Act.
134		-	(z) Records and information provided to a fatality
135		-	review team or the Illinois Fatality Review Team Advisory
136		-	Council under Section 15 of the Adult Protective Services
137		-	Act.
138		-	(aa) Information which is exempted from disclosure
139		-	under Section 2.37 of the Wildlife Code.
140		-	(bb) Information which is or was prohibited from
141		-	disclosure by the Juvenile Court Act of 1987.
142		-	(cc) Recordings made under the Law Enforcement
	68	+	HB5239 Enrolled- 3 -LRB103 38291 JRC 68426 b HB5239 Enrolled - 3 - LRB103 38291 JRC 68426 b
	69	+	HB5239 Enrolled - 3 - LRB103 38291 JRC 68426 b
	70	+	1 (k) Law enforcement officer identification information
	71	+	2 or driver identification information compiled by a law
	72	+	3 enforcement agency or the Department of Transportation
	73	+	4 under Section 11-212 of the Illinois Vehicle Code.
	74	+	5 (l) Records and information provided to a residential
	75	+	6 health care facility resident sexual assault and death
	76	+	7 review team or the Executive Council under the Abuse
	77	+	8 Prevention Review Team Act.
	78	+	9 (m) Information provided to the predatory lending
	79	+	10 database created pursuant to Article 3 of the Residential
	80	+	11 Real Property Disclosure Act, except to the extent
	81	+	12 authorized under that Article.
	82	+	13 (n) Defense budgets and petitions for certification of
	83	+	14 compensation and expenses for court appointed trial
	84	+	15 counsel as provided under Sections 10 and 15 of the
	85	+	16 Capital Crimes Litigation Act (repealed). This subsection
	86	+	17 (n) shall apply until the conclusion of the trial of the
	87	+	18 case, even if the prosecution chooses not to pursue the
	88	+	19 death penalty prior to trial or sentencing.
	89	+	20 (o) Information that is prohibited from being
	90	+	21 disclosed under Section 4 of the Illinois Health and
	91	+	22 Hazardous Substances Registry Act.
	92	+	23 (p) Security portions of system safety program plans,
	93	+	24 investigation reports, surveys, schedules, lists, data, or
	94	+	25 information compiled, collected, or prepared by or for the
	95	+	26 Department of Transportation under Sections 2705-300 and
143	96
144	97
145		-	Officer-Worn Body Camera Act, except to the extent
146		-	authorized under that Act.
147		-	(dd) Information that is prohibited from being
148		-	disclosed under Section 45 of the Condominium and Common
149		-	Interest Community Ombudsperson Act.
150		-	(ee) Information that is exempted from disclosure
151		-	under Section 30.1 of the Pharmacy Practice Act.
152		-	(ff) Information that is exempted from disclosure
153		-	under the Revised Uniform Unclaimed Property Act.
154		-	(gg) Information that is prohibited from being
155		-	disclosed under Section 7-603.5 of the Illinois Vehicle
156		-	Code.
157		-	(hh) Records that are exempt from disclosure under
158		-	Section 1A-16.7 of the Election Code.
159		-	(ii) Information which is exempted from disclosure
160		-	under Section 2505-800 of the Department of Revenue Law of
161		-	the Civil Administrative Code of Illinois.
162		-	(jj) Information and reports that are required to be
163		-	submitted to the Department of Labor by registering day
164		-	and temporary labor service agencies but are exempt from
165		-	disclosure under subsection (a-1) of Section 45 of the Day
166		-	and Temporary Labor Services Act.
167		-	(kk) Information prohibited from disclosure under the
168		-	Seizure and Forfeiture Reporting Act.
169		-	(ll) Information the disclosure of which is restricted
170		-	and exempted under Section 5-30.8 of the Illinois Public
171	98
172	99
173		-	Aid Code.
174		-	(mm) Records that are exempt from disclosure under
175		-	Section 4.2 of the Crime Victims Compensation Act.
176		-	(nn) Information that is exempt from disclosure under
177		-	Section 70 of the Higher Education Student Assistance Act.
178		-	(oo) Communications, notes, records, and reports
179		-	arising out of a peer support counseling session
180		-	prohibited from disclosure under the First Responders
181		-	Suicide Prevention Act.
182		-	(pp) Names and all identifying information relating to
183		-	an employee of an emergency services provider or law
184		-	enforcement agency under the First Responders Suicide
185		-	Prevention Act.
186		-	(qq) Information and records held by the Department of
187		-	Public Health and its authorized representatives collected
188		-	under the Reproductive Health Act.
189		-	(rr) Information that is exempt from disclosure under
190		-	the Cannabis Regulation and Tax Act.
191		-	(ss) Data reported by an employer to the Department of
192		-	Human Rights pursuant to Section 2-108 of the Illinois
193		-	Human Rights Act.
194		-	(tt) Recordings made under the Children's Advocacy
195		-	Center Act, except to the extent authorized under that
196		-	Act.
197		-	(uu) Information that is exempt from disclosure under
198		-	Section 50 of the Sexual Assault Evidence Submission Act.
	100	+
	101	+	HB5239 Enrolled - 3 - LRB103 38291 JRC 68426 b
199	102
200	103
201		-	(vv) Information that is exempt from disclosure under
202		-	subsections (f) and (j) of Section 5-36 of the Illinois
203		-	Public Aid Code.
204		-	(ww) Information that is exempt from disclosure under
205		-	Section 16.8 of the State Treasurer Act.
206		-	(xx) Information that is exempt from disclosure or
207		-	information that shall not be made public under the
208		-	Illinois Insurance Code.
209		-	(yy) Information prohibited from being disclosed under
210		-	the Illinois Educational Labor Relations Act.
211		-	(zz) Information prohibited from being disclosed under
212		-	the Illinois Public Labor Relations Act.
213		-	(aaa) Information prohibited from being disclosed
214		-	under Section 1-167 of the Illinois Pension Code.
215		-	(bbb) Information that is prohibited from disclosure
216		-	by the Illinois Police Training Act and the Illinois State
217		-	Police Act.
218		-	(ccc) Records exempt from disclosure under Section
219		-	2605-304 of the Illinois State Police Law of the Civil
220		-	Administrative Code of Illinois.
221		-	(ddd) Information prohibited from being disclosed
222		-	under Section 35 of the Address Confidentiality for
223		-	Victims of Domestic Violence, Sexual Assault, Human
224		-	Trafficking, or Stalking Act.
225		-	(eee) Information prohibited from being disclosed
226		-	under subsection (b) of Section 75 of the Domestic
	104	+	HB5239 Enrolled- 4 -LRB103 38291 JRC 68426 b HB5239 Enrolled - 4 - LRB103 38291 JRC 68426 b
	105	+	HB5239 Enrolled - 4 - LRB103 38291 JRC 68426 b
	106	+	1 2705-616 of the Department of Transportation Law of the
	107	+	2 Civil Administrative Code of Illinois, the Regional
	108	+	3 Transportation Authority under Section 2.11 of the
	109	+	4 Regional Transportation Authority Act, or the St. Clair
	110	+	5 County Transit District under the Bi-State Transit Safety
	111	+	6 Act (repealed).
	112	+	7 (q) Information prohibited from being disclosed by the
	113	+	8 Personnel Record Review Act.
	114	+	9 (r) Information prohibited from being disclosed by the
	115	+	10 Illinois School Student Records Act.
	116	+	11 (s) Information the disclosure of which is restricted
	117	+	12 under Section 5-108 of the Public Utilities Act.
	118	+	13 (t) (Blank).
	119	+	14 (u) Records and information provided to an independent
	120	+	15 team of experts under the Developmental Disability and
	121	+	16 Mental Health Safety Act (also known as Brian's Law).
	122	+	17 (v) Names and information of people who have applied
	123	+	18 for or received Firearm Owner's Identification Cards under
	124	+	19 the Firearm Owners Identification Card Act or applied for
	125	+	20 or received a concealed carry license under the Firearm
	126	+	21 Concealed Carry Act, unless otherwise authorized by the
	127	+	22 Firearm Concealed Carry Act; and databases under the
	128	+	23 Firearm Concealed Carry Act, records of the Concealed
	129	+	24 Carry Licensing Review Board under the Firearm Concealed
	130	+	25 Carry Act, and law enforcement agency objections under the
	131	+	26 Firearm Concealed Carry Act.
227	132
228	133
229		-	Violence Fatality Review Act.
230		-	(fff) Images from cameras under the Expressway Camera
231		-	Act. This subsection (fff) is inoperative on and after
232		-	July 1, 2025.
233		-	(ggg) Information prohibited from disclosure under
234		-	paragraph (3) of subsection (a) of Section 14 of the Nurse
235		-	Agency Licensing Act.
236		-	(hhh) Information submitted to the Illinois State
237		-	Police in an affidavit or application for an assault
238		-	weapon endorsement, assault weapon attachment endorsement,
239		-	.50 caliber rifle endorsement, or .50 caliber cartridge
240		-	endorsement under the Firearm Owners Identification Card
241		-	Act.
242		-	(iii) Data exempt from disclosure under Section 50 of
243		-	the School Safety Drill Act.
244		-	(jjj) (hhh) Information exempt from disclosure under
245		-	Section 30 of the Insurance Data Security Law.
246		-	(kkk) (iii) Confidential business information
247		-	prohibited from disclosure under Section 45 of the Paint
248		-	Stewardship Act.
249		-	(lll) (Reserved).
250		-	(mmm) (iii) Information prohibited from being
251		-	disclosed under subsection (e) of Section 1-129 of the
252		-	Illinois Power Agency Act.
253		-	(nnn) Information that is exempt from disclosure under
254		-	Section 28-11 of the Lawful Health Care Activity Act.
255	134
256	135
257		-	(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
258		-	102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
259		-	8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
260		-	102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
261		-	6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
262		-	eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23;
263		-	revised 1-2-24.)
264		-	(Text of Section after amendment by P.A. 103-472)
265		-	Sec. 7.5. Statutory exemptions. To the extent provided for
266		-	by the statutes referenced below, the following shall be
267		-	exempt from inspection and copying:
268		-	(a) All information determined to be confidential
269		-	under Section 4002 of the Technology Advancement and
270		-	Development Act.
271		-	(b) Library circulation and order records identifying
272		-	library users with specific materials under the Library
273		-	Records Confidentiality Act.
274		-	(c) Applications, related documents, and medical
275		-	records received by the Experimental Organ Transplantation
276		-	Procedures Board and any and all documents or other
277		-	records prepared by the Experimental Organ Transplantation
278		-	Procedures Board or its staff relating to applications it
279		-	has received.
280		-	(d) Information and records held by the Department of
281		-	Public Health and its authorized representatives relating
	136	+
	137	+	HB5239 Enrolled - 4 - LRB103 38291 JRC 68426 b
282	138
283	139
284		-	to known or suspected cases of sexually transmissible
285		-	disease or any information the disclosure of which is
286		-	restricted under the Illinois Sexually Transmissible
287		-	Disease Control Act.
288		-	(e) Information the disclosure of which is exempted
289		-	under Section 30 of the Radon Industry Licensing Act.
290		-	(f) Firm performance evaluations under Section 55 of
291		-	the Architectural, Engineering, and Land Surveying
292		-	Qualifications Based Selection Act.
293		-	(g) Information the disclosure of which is restricted
294		-	and exempted under Section 50 of the Illinois Prepaid
295		-	Tuition Act.
296		-	(h) Information the disclosure of which is exempted
297		-	under the State Officials and Employees Ethics Act, and
298		-	records of any lawfully created State or local inspector
299		-	general's office that would be exempt if created or
300		-	obtained by an Executive Inspector General's office under
301		-	that Act.
302		-	(i) Information contained in a local emergency energy
303		-	plan submitted to a municipality in accordance with a
304		-	local emergency energy plan ordinance that is adopted
305		-	under Section 11-21.5-5 of the Illinois Municipal Code.
306		-	(j) Information and data concerning the distribution
307		-	of surcharge moneys collected and remitted by carriers
308		-	under the Emergency Telephone System Act.
309		-	(k) Law enforcement officer identification information
	140	+	HB5239 Enrolled- 5 -LRB103 38291 JRC 68426 b HB5239 Enrolled - 5 - LRB103 38291 JRC 68426 b
	141	+	HB5239 Enrolled - 5 - LRB103 38291 JRC 68426 b
	142	+	1 (v-5) Records of the Firearm Owner's Identification
	143	+	2 Card Review Board that are exempted from disclosure under
	144	+	3 Section 10 of the Firearm Owners Identification Card Act.
	145	+	4 (w) Personally identifiable information which is
	146	+	5 exempted from disclosure under subsection (g) of Section
	147	+	6 19.1 of the Toll Highway Act.
	148	+	7 (x) Information which is exempted from disclosure
	149	+	8 under Section 5-1014.3 of the Counties Code or Section
	150	+	9 8-11-21 of the Illinois Municipal Code.
	151	+	10 (y) Confidential information under the Adult
	152	+	11 Protective Services Act and its predecessor enabling
	153	+	12 statute, the Elder Abuse and Neglect Act, including
	154	+	13 information about the identity and administrative finding
	155	+	14 against any caregiver of a verified and substantiated
	156	+	15 decision of abuse, neglect, or financial exploitation of
	157	+	16 an eligible adult maintained in the Registry established
	158	+	17 under Section 7.5 of the Adult Protective Services Act.
	159	+	18 (z) Records and information provided to a fatality
	160	+	19 review team or the Illinois Fatality Review Team Advisory
	161	+	20 Council under Section 15 of the Adult Protective Services
	162	+	21 Act.
	163	+	22 (aa) Information which is exempted from disclosure
	164	+	23 under Section 2.37 of the Wildlife Code.
	165	+	24 (bb) Information which is or was prohibited from
	166	+	25 disclosure by the Juvenile Court Act of 1987.
	167	+	26 (cc) Recordings made under the Law Enforcement
310	168
311	169
312		-	or driver identification information compiled by a law
313		-	enforcement agency or the Department of Transportation
314		-	under Section 11-212 of the Illinois Vehicle Code.
315		-	(l) Records and information provided to a residential
316		-	health care facility resident sexual assault and death
317		-	review team or the Executive Council under the Abuse
318		-	Prevention Review Team Act.
319		-	(m) Information provided to the predatory lending
320		-	database created pursuant to Article 3 of the Residential
321		-	Real Property Disclosure Act, except to the extent
322		-	authorized under that Article.
323		-	(n) Defense budgets and petitions for certification of
324		-	compensation and expenses for court appointed trial
325		-	counsel as provided under Sections 10 and 15 of the
326		-	Capital Crimes Litigation Act (repealed). This subsection
327		-	(n) shall apply until the conclusion of the trial of the
328		-	case, even if the prosecution chooses not to pursue the
329		-	death penalty prior to trial or sentencing.
330		-	(o) Information that is prohibited from being
331		-	disclosed under Section 4 of the Illinois Health and
332		-	Hazardous Substances Registry Act.
333		-	(p) Security portions of system safety program plans,
334		-	investigation reports, surveys, schedules, lists, data, or
335		-	information compiled, collected, or prepared by or for the
336		-	Department of Transportation under Sections 2705-300 and
337		-	2705-616 of the Department of Transportation Law of the
338	170
339	171
340		-	Civil Administrative Code of Illinois, the Regional
341		-	Transportation Authority under Section 2.11 of the
342		-	Regional Transportation Authority Act, or the St. Clair
343		-	County Transit District under the Bi-State Transit Safety
344		-	Act (repealed).
345		-	(q) Information prohibited from being disclosed by the
346		-	Personnel Record Review Act.
347		-	(r) Information prohibited from being disclosed by the
348		-	Illinois School Student Records Act.
349		-	(s) Information the disclosure of which is restricted
350		-	under Section 5-108 of the Public Utilities Act.
351		-	(t) (Blank).
352		-	(u) Records and information provided to an independent
353		-	team of experts under the Developmental Disability and
354		-	Mental Health Safety Act (also known as Brian's Law).
355		-	(v) Names and information of people who have applied
356		-	for or received Firearm Owner's Identification Cards under
357		-	the Firearm Owners Identification Card Act or applied for
358		-	or received a concealed carry license under the Firearm
359		-	Concealed Carry Act, unless otherwise authorized by the
360		-	Firearm Concealed Carry Act; and databases under the
361		-	Firearm Concealed Carry Act, records of the Concealed
362		-	Carry Licensing Review Board under the Firearm Concealed
363		-	Carry Act, and law enforcement agency objections under the
364		-	Firearm Concealed Carry Act.
365		-	(v-5) Records of the Firearm Owner's Identification
	172	+
	173	+	HB5239 Enrolled - 5 - LRB103 38291 JRC 68426 b
366	174
367	175
368		-	Card Review Board that are exempted from disclosure under
369		-	Section 10 of the Firearm Owners Identification Card Act.
370		-	(w) Personally identifiable information which is
371		-	exempted from disclosure under subsection (g) of Section
372		-	19.1 of the Toll Highway Act.
373		-	(x) Information which is exempted from disclosure
374		-	under Section 5-1014.3 of the Counties Code or Section
375		-	8-11-21 of the Illinois Municipal Code.
376		-	(y) Confidential information under the Adult
377		-	Protective Services Act and its predecessor enabling
378		-	statute, the Elder Abuse and Neglect Act, including
379		-	information about the identity and administrative finding
380		-	against any caregiver of a verified and substantiated
381		-	decision of abuse, neglect, or financial exploitation of
382		-	an eligible adult maintained in the Registry established
383		-	under Section 7.5 of the Adult Protective Services Act.
384		-	(z) Records and information provided to a fatality
385		-	review team or the Illinois Fatality Review Team Advisory
386		-	Council under Section 15 of the Adult Protective Services
387		-	Act.
388		-	(aa) Information which is exempted from disclosure
389		-	under Section 2.37 of the Wildlife Code.
390		-	(bb) Information which is or was prohibited from
391		-	disclosure by the Juvenile Court Act of 1987.
392		-	(cc) Recordings made under the Law Enforcement
393		-	Officer-Worn Body Camera Act, except to the extent
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	177	+	HB5239 Enrolled - 6 - LRB103 38291 JRC 68426 b
	178	+	1 Officer-Worn Body Camera Act, except to the extent
	179	+	2 authorized under that Act.
	180	+	3 (dd) Information that is prohibited from being
	181	+	4 disclosed under Section 45 of the Condominium and Common
	182	+	5 Interest Community Ombudsperson Act.
	183	+	6 (ee) Information that is exempted from disclosure
	184	+	7 under Section 30.1 of the Pharmacy Practice Act.
	185	+	8 (ff) Information that is exempted from disclosure
	186	+	9 under the Revised Uniform Unclaimed Property Act.
	187	+	10 (gg) Information that is prohibited from being
	188	+	11 disclosed under Section 7-603.5 of the Illinois Vehicle
	189	+	12 Code.
	190	+	13 (hh) Records that are exempt from disclosure under
	191	+	14 Section 1A-16.7 of the Election Code.
	192	+	15 (ii) Information which is exempted from disclosure
	193	+	16 under Section 2505-800 of the Department of Revenue Law of
	194	+	17 the Civil Administrative Code of Illinois.
	195	+	18 (jj) Information and reports that are required to be
	196	+	19 submitted to the Department of Labor by registering day
	197	+	20 and temporary labor service agencies but are exempt from
	198	+	21 disclosure under subsection (a-1) of Section 45 of the Day
	199	+	22 and Temporary Labor Services Act.
	200	+	23 (kk) Information prohibited from disclosure under the
	201	+	24 Seizure and Forfeiture Reporting Act.
	202	+	25 (ll) Information the disclosure of which is restricted
	203	+	26 and exempted under Section 5-30.8 of the Illinois Public
394	204
395	205
396		-	authorized under that Act.
397		-	(dd) Information that is prohibited from being
398		-	disclosed under Section 45 of the Condominium and Common
399		-	Interest Community Ombudsperson Act.
400		-	(ee) Information that is exempted from disclosure
401		-	under Section 30.1 of the Pharmacy Practice Act.
402		-	(ff) Information that is exempted from disclosure
403		-	under the Revised Uniform Unclaimed Property Act.
404		-	(gg) Information that is prohibited from being
405		-	disclosed under Section 7-603.5 of the Illinois Vehicle
406		-	Code.
407		-	(hh) Records that are exempt from disclosure under
408		-	Section 1A-16.7 of the Election Code.
409		-	(ii) Information which is exempted from disclosure
410		-	under Section 2505-800 of the Department of Revenue Law of
411		-	the Civil Administrative Code of Illinois.
412		-	(jj) Information and reports that are required to be
413		-	submitted to the Department of Labor by registering day
414		-	and temporary labor service agencies but are exempt from
415		-	disclosure under subsection (a-1) of Section 45 of the Day
416		-	and Temporary Labor Services Act.
417		-	(kk) Information prohibited from disclosure under the
418		-	Seizure and Forfeiture Reporting Act.
419		-	(ll) Information the disclosure of which is restricted
420		-	and exempted under Section 5-30.8 of the Illinois Public
421		-	Aid Code.
422	206
423	207
424		-	(mm) Records that are exempt from disclosure under
425		-	Section 4.2 of the Crime Victims Compensation Act.
426		-	(nn) Information that is exempt from disclosure under
427		-	Section 70 of the Higher Education Student Assistance Act.
428		-	(oo) Communications, notes, records, and reports
429		-	arising out of a peer support counseling session
430		-	prohibited from disclosure under the First Responders
431		-	Suicide Prevention Act.
432		-	(pp) Names and all identifying information relating to
433		-	an employee of an emergency services provider or law
434		-	enforcement agency under the First Responders Suicide
435		-	Prevention Act.
436		-	(qq) Information and records held by the Department of
437		-	Public Health and its authorized representatives collected
438		-	under the Reproductive Health Act.
439		-	(rr) Information that is exempt from disclosure under
440		-	the Cannabis Regulation and Tax Act.
441		-	(ss) Data reported by an employer to the Department of
442		-	Human Rights pursuant to Section 2-108 of the Illinois
443		-	Human Rights Act.
444		-	(tt) Recordings made under the Children's Advocacy
445		-	Center Act, except to the extent authorized under that
446		-	Act.
447		-	(uu) Information that is exempt from disclosure under
448		-	Section 50 of the Sexual Assault Evidence Submission Act.
449		-	(vv) Information that is exempt from disclosure under
	208	+
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450	210
451	211
452		-	subsections (f) and (j) of Section 5-36 of the Illinois
453		-	Public Aid Code.
454		-	(ww) Information that is exempt from disclosure under
455		-	Section 16.8 of the State Treasurer Act.
456		-	(xx) Information that is exempt from disclosure or
457		-	information that shall not be made public under the
458		-	Illinois Insurance Code.
459		-	(yy) Information prohibited from being disclosed under
460		-	the Illinois Educational Labor Relations Act.
461		-	(zz) Information prohibited from being disclosed under
462		-	the Illinois Public Labor Relations Act.
463		-	(aaa) Information prohibited from being disclosed
464		-	under Section 1-167 of the Illinois Pension Code.
465		-	(bbb) Information that is prohibited from disclosure
466		-	by the Illinois Police Training Act and the Illinois State
467		-	Police Act.
468		-	(ccc) Records exempt from disclosure under Section
469		-	2605-304 of the Illinois State Police Law of the Civil
470		-	Administrative Code of Illinois.
471		-	(ddd) Information prohibited from being disclosed
472		-	under Section 35 of the Address Confidentiality for
473		-	Victims of Domestic Violence, Sexual Assault, Human
474		-	Trafficking, or Stalking Act.
475		-	(eee) Information prohibited from being disclosed
476		-	under subsection (b) of Section 75 of the Domestic
477		-	Violence Fatality Review Act.
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	213	+	HB5239 Enrolled - 7 - LRB103 38291 JRC 68426 b
	214	+	1 Aid Code.
	215	+	2 (mm) Records that are exempt from disclosure under
	216	+	3 Section 4.2 of the Crime Victims Compensation Act.
	217	+	4 (nn) Information that is exempt from disclosure under
	218	+	5 Section 70 of the Higher Education Student Assistance Act.
	219	+	6 (oo) Communications, notes, records, and reports
	220	+	7 arising out of a peer support counseling session
	221	+	8 prohibited from disclosure under the First Responders
	222	+	9 Suicide Prevention Act.
	223	+	10 (pp) Names and all identifying information relating to
	224	+	11 an employee of an emergency services provider or law
	225	+	12 enforcement agency under the First Responders Suicide
	226	+	13 Prevention Act.
	227	+	14 (qq) Information and records held by the Department of
	228	+	15 Public Health and its authorized representatives collected
	229	+	16 under the Reproductive Health Act.
	230	+	17 (rr) Information that is exempt from disclosure under
	231	+	18 the Cannabis Regulation and Tax Act.
	232	+	19 (ss) Data reported by an employer to the Department of
	233	+	20 Human Rights pursuant to Section 2-108 of the Illinois
	234	+	21 Human Rights Act.
	235	+	22 (tt) Recordings made under the Children's Advocacy
	236	+	23 Center Act, except to the extent authorized under that
	237	+	24 Act.
	238	+	25 (uu) Information that is exempt from disclosure under
	239	+	26 Section 50 of the Sexual Assault Evidence Submission Act.
478	240
479	241
480		-	(fff) Images from cameras under the Expressway Camera
481		-	Act. This subsection (fff) is inoperative on and after
482		-	July 1, 2025.
483		-	(ggg) Information prohibited from disclosure under
484		-	paragraph (3) of subsection (a) of Section 14 of the Nurse
485		-	Agency Licensing Act.
486		-	(hhh) Information submitted to the Illinois State
487		-	Police in an affidavit or application for an assault
488		-	weapon endorsement, assault weapon attachment endorsement,
489		-	.50 caliber rifle endorsement, or .50 caliber cartridge
490		-	endorsement under the Firearm Owners Identification Card
491		-	Act.
492		-	(iii) Data exempt from disclosure under Section 50 of
493		-	the School Safety Drill Act.
494		-	(jjj) (hhh) Information exempt from disclosure under
495		-	Section 30 of the Insurance Data Security Law.
496		-	(kkk) (iii) Confidential business information
497		-	prohibited from disclosure under Section 45 of the Paint
498		-	Stewardship Act.
499		-	(lll) (iii) Data exempt from disclosure under Section
500		-	2-3.196 of the School Code.
501		-	(mmm) (iii) Information prohibited from being
502		-	disclosed under subsection (e) of Section 1-129 of the
503		-	Illinois Power Agency Act.
504		-	(nnn) Information that is exempt from disclosure under
505		-	Section 28-11 of the Lawful Health Care Activity Act.
506	242
507	243
508		-	(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
509		-	102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
510		-	8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
511		-	102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
512		-	6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
513		-	eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
514		-	103-580, eff. 12-8-23; revised 1-2-24.)
515		-	Section 10. The Illinois Public Aid Code is amended by
516		-	changing Section 11-15 as follows:
517		-	(305 ILCS 5/11-15) (from Ch. 23, par. 11-15)
518		-	Sec. 11-15. Application requirements.
519		-	(1) An application for financial aid shall be filed in
520		-	writing by the person requesting aid and, in the case of a
521		-	request for family aid, by the head of that family, except as
522		-	otherwise permitted in paragraph (2). Applications for aid
523		-	under Articles III, IV, and V shall be filed in writing with
524		-	any local office of the Department of Human Services in the
525		-	manner prescribed by the Department. Applications for aid
526		-	under Article VI shall be filed in writing with the local
527		-	governmental unit upon forms approved by the Department.
528		-	Each applicant shall provide information as to the amount
529		-	of property, real and personal, owned by him or her within the
530		-	period of time preceding the application as required under
531		-	Sections 3-1.3, 4-1.11, and 5-2.1 of this Code. The applicant
	244	+
	245	+	HB5239 Enrolled - 7 - LRB103 38291 JRC 68426 b
532	246
533	247
534		-	shall also furnish information concerning all income, money
535		-	contributions, and other support from any source, and the
536		-	beneficiary and the amount or cash surrender or loan value of
537		-	all insurance policies held by himself or herself or any
538		-	member of his family for whom aid is requested.
539		-	(2) An application, in all instances to be in writing, may
540		-	be filed in behalf of a person considered to be in need of
541		-	financial aid under Articles III, IV, V, or VI only if the
542		-	person
543		-	(a) has been adjudged to be under legal disability; or
544		-	(b) is unable because of minority or physical or
545		-	mental disability, to execute the application; or
546		-	(c) in the case of need for funeral and burial, died
547		-	before an application was filed and the application is
548		-	filed not more than 30 days after the person's death,
549		-	excluding the day on which the death occurred.
550		-	Applications in behalf of persons specified in (a) and (b)
551		-	shall be filed by the applicant's legal guardian or, if a
552		-	guardian has not been appointed or the applicant has no legal
553		-	guardian or the guardian is not available, by a relative or
554		-	other person, acceptable under the rules of the Illinois
555		-	Department, who is able to furnish the required information.
556		-	Applications in behalf of persons specified in (c) shall be
557		-	filed by any next of kin of the deceased who is not under legal
558		-	disability or, if there are no such next of kin or they are
559		-	unknown or unavailable, by a person, acceptable under the
	248	+	HB5239 Enrolled- 8 -LRB103 38291 JRC 68426 b HB5239 Enrolled - 8 - LRB103 38291 JRC 68426 b
	249	+	HB5239 Enrolled - 8 - LRB103 38291 JRC 68426 b
	250	+	1 (vv) Information that is exempt from disclosure under
	251	+	2 subsections (f) and (j) of Section 5-36 of the Illinois
	252	+	3 Public Aid Code.
	253	+	4 (ww) Information that is exempt from disclosure under
	254	+	5 Section 16.8 of the State Treasurer Act.
	255	+	6 (xx) Information that is exempt from disclosure or
	256	+	7 information that shall not be made public under the
	257	+	8 Illinois Insurance Code.
	258	+	9 (yy) Information prohibited from being disclosed under
	259	+	10 the Illinois Educational Labor Relations Act.
	260	+	11 (zz) Information prohibited from being disclosed under
	261	+	12 the Illinois Public Labor Relations Act.
	262	+	13 (aaa) Information prohibited from being disclosed
	263	+	14 under Section 1-167 of the Illinois Pension Code.
	264	+	15 (bbb) Information that is prohibited from disclosure
	265	+	16 by the Illinois Police Training Act and the Illinois State
	266	+	17 Police Act.
	267	+	18 (ccc) Records exempt from disclosure under Section
	268	+	19 2605-304 of the Illinois State Police Law of the Civil
	269	+	20 Administrative Code of Illinois.
	270	+	21 (ddd) Information prohibited from being disclosed
	271	+	22 under Section 35 of the Address Confidentiality for
	272	+	23 Victims of Domestic Violence, Sexual Assault, Human
	273	+	24 Trafficking, or Stalking Act.
	274	+	25 (eee) Information prohibited from being disclosed
	275	+	26 under subsection (b) of Section 75 of the Domestic
560	276
561	277
562		-	rules of the Illinois Department, who is able to furnish the
563		-	required information.
564		-	Notwithstanding any other provision of this paragraph (2),
565		-	a minor may sign and file an application on the minor's own
566		-	behalf if the application is for the Article V family planning
567		-	program established under Section 5-5 by Public Act 102-665.
568		-	(3) The application shall contain a written declaration to
569		-	be signed by the applicant, or in behalf of the applicant by a
570		-	person qualified under paragraph (2), in substantially the
571		-	following form, the parenthetical references being applicable
572		-	to an application filed by a person in behalf of the applicant:
573		-	"I declare under penalties of perjury that I have examined
574		-	this form and all accompanying statements or documents
575		-	pertaining to the income and resources of myself (the
576		-	applicant) or any member of my family (the applicant's family)
577		-	included in this application for aid, or pertaining to any
578		-	other matter having bearing upon my (the applicant's)
579		-	eligibility for aid, and to the best of my knowledge and belief
580		-	the information supplied is true, correct, and complete".
581		-	(4) If an application for financial aid is filed for a
582		-	family, and any person in that family is under 18 years of age,
583		-	the application shall be accompanied by the following for each
584		-	such person under 18 years of age:
585		-	(i) a copy of the person's birth certificate, or
586		-	(ii) other reliable proof, as determined by the
587		-	Department, of the person's identity and age.
588	278
589	279
590		-	The Illinois Department shall provide information to all
591		-	families, orally by an intake worker and in writing when the
592		-	application is filed, about the availability and location of
593		-	immunization services.
594		-	(5) Once an applicant is determined eligible for aid, he
595		-	or she has the right to request to have the case transferred to
596		-	another local office of the Department of Human Services for
597		-	his or her convenience based on one of the following factors:
598		-	the location of his or her employer; the location of his or her
599		-	child care provider; access to reliable transportation; or the
600		-	location of a social service provider that he or she sees on a
601		-	regular basis. Within 5 business days after the request for
602		-	transfer, the Department shall transfer the case, assign a
603		-	caseworker, make appropriate entries in the computer system,
604		-	and issue a written notice to the recipient that includes the
605		-	name of and contact information for the caseworker. The
606		-	location of the recipient's case may be reconsidered on the
607		-	recipient's request or at the time of redetermination of
608		-	eligibility.
609		-	(Source: P.A. 96-867, eff. 1-1-11.)
610		-	Section 15. The Lawful Health Care Activity Act is amended
611		-	by changing Section 28-10 and by adding Sections 28-11, 28-12,
612		-	28-13, and 28-14 as follows:
613		-	(735 ILCS 40/28-10)
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614	282
615	283
616		-	Sec. 28-10. Definitions. As used in this Act:
617		-	"Lawful health care" means:
618		-	(1) reproductive health care that is not unlawful
619		-	under the laws of this State, including on any theory of
620		-	vicarious, joint, several, or conspiracy liability; or
621		-	(2) the treatment of gender dysphoria or the
622		-	affirmation of an individual's gender identity or gender
623		-	expression, including, but not limited to, all supplies,
624		-	care, and services of a medical, behavioral health, mental
625		-	health, surgical, psychiatric, therapeutic, diagnostic,
626		-	preventative, rehabilitative, or supportive nature that is
627		-	not unlawful under the laws of this State, including on
628		-	any theory of vicarious, joint, several, or conspiracy
629		-	liability.
630		-	"Lawful health care activity" means seeking, providing,
631		-	receiving, assisting in seeking, providing, or receiving,
632		-	providing material support for, or traveling to obtain lawful
633		-	health care.
634		-	"Health records related to lawful health care" means
635		-	records that identify a person who has sought or received
636		-	lawful healthcare, including, but not limited to, information
637		-	regarding an individual's medical history, mental or physical
638		-	condition, or medical treatment or diagnosis by a healthcare
639		-	professional, and insurance and billing records for medical
640		-	care.
641		-	"Location information related to lawful health care" means
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	285	+	HB5239 Enrolled - 9 - LRB103 38291 JRC 68426 b
	286	+	1 Violence Fatality Review Act.
	287	+	2 (fff) Images from cameras under the Expressway Camera
	288	+	3 Act. This subsection (fff) is inoperative on and after
	289	+	4 July 1, 2025.
	290	+	5 (ggg) Information prohibited from disclosure under
	291	+	6 paragraph (3) of subsection (a) of Section 14 of the Nurse
	292	+	7 Agency Licensing Act.
	293	+	8 (hhh) Information submitted to the Illinois State
	294	+	9 Police in an affidavit or application for an assault
	295	+	10 weapon endorsement, assault weapon attachment endorsement,
	296	+	11 .50 caliber rifle endorsement, or .50 caliber cartridge
	297	+	12 endorsement under the Firearm Owners Identification Card
	298	+	13 Act.
	299	+	14 (iii) Data exempt from disclosure under Section 50 of
	300	+	15 the School Safety Drill Act.
	301	+	16 (jjj) (hhh) Information exempt from disclosure under
	302	+	17 Section 30 of the Insurance Data Security Law.
	303	+	18 (kkk) (iii) Confidential business information
	304	+	19 prohibited from disclosure under Section 45 of the Paint
	305	+	20 Stewardship Act.
	306	+	21 (lll) (Reserved).
	307	+	22 (mmm) (iii) Information prohibited from being
	308	+	23 disclosed under subsection (e) of Section 1-129 of the
	309	+	24 Illinois Power Agency Act.
	310	+	25 (nnn) Information that is exempt from disclosure under
	311	+	26 Section 28-11 of the Lawful Health Care Activity Act.
642	312
643	313
644		-	precise location information that could be reasonably used to
645		-	identify a person's attempt to acquire or receive lawful
646		-	health care, including, but not limited to, records of the
647		-	location of a person's license plate, records of the location
648		-	of a cell phone or other device that tracks location, or
649		-	records of observations of a person's location when the
650		-	location is near a provider of lawful health care.
651		-	"Reproductive health care" shall have the same meaning as
652		-	Section 1-10 of the Reproductive Health Act.
653		-	"State" has the meaning given in Section 1-10 of the
654		-	Reproductive Health Act.
655		-	(Source: P.A. 102-1117, eff. 1-13-23.)
656		-	(735 ILCS 40/28-11 new)
657		-	Sec. 28-11. Prohibited State actions.
658		-	(a) Unless otherwise necessary to comply with Illinois or
659		-	federal law, the State shall not provide any information or
660		-	expend or use any time, money, facilities, property,
661		-	equipment, personnel, or other resources to assist any
662		-	individual, or out-of-state officer, official, agency, entity,
663		-	or department seeking to impose civil or criminal liability
664		-	upon a person or entity for lawful healthcare activity.
665		-	(b) Location information related to lawful health care and
666		-	health records related to lawful health care are confidential
667		-	and exempt from disclosure under the Freedom of Information
668		-	Act.
669	314
670	315
671		-	(c) This Section does not apply if an individual or
672		-	out-of-state officer, official, agency, entity, or department
673		-	is investigating conduct that would be subject to civil or
674		-	criminal liability under the laws of Illinois.
675		-	(735 ILCS 40/28-12 new)
676		-	Sec. 28-12. Cause of action.
677		-	(a) Any party aggrieved by conduct or regulation in
678		-	violation of Section 28-11 of this Act may bring a civil action
679		-	in a federal district court or State circuit court against the
680		-	offending unit of government. Any State claim brought in
681		-	federal district court shall be a supplemental claim to a
682		-	federal claim. Any action brought under this Act shall be
683		-	commenced within 2 years after the cause of action was
684		-	discovered.
685		-	(b) Upon motion, a court shall award reasonable attorney's
686		-	fees, court costs, and litigation expenses, including expert
687		-	witness fees and other litigation expenses, to a plaintiff who
688		-	is a prevailing party in any action brought under this Act. In
689		-	awarding reasonable attorney's fees, the court shall consider
690		-	the degree to which the relief obtained relates to the relief
691		-	sought.
692		-	(735 ILCS 40/28-13 new)
693		-	Sec. 28-13. Reservation of rights. Nothing in this Section
694		-	shall be construed to narrow, restrict, or otherwise limit in
	316	+
	317	+	HB5239 Enrolled - 9 - LRB103 38291 JRC 68426 b
695	318
696	319
697		-	any way any rights, protections, or causes of action with
698		-	respect to lawful health care, including, but not limited to,
699		-	any rights, protections, or causes of action set forth in the
700		-	Reproductive Health Act.
701		-	(735 ILCS 40/28-14 new)
702		-	Sec. 28-14. Home rule preemption. The regulation of lawful
703		-	health care activity is an exclusive power and function of the
704		-	State. A home rule unit may not regulate lawful health care
705		-	activity. This Section is a denial and limitation of home rule
706		-	powers and functions under subsection (h) of Section 6 of
707		-	Article VII of the Illinois Constitution.
708		-	Section 95. No acceleration or delay. Where this Act makes
709		-	changes in a statute that is represented in this Act by text
710		-	that is not yet or no longer in effect (for example, a Section
711		-	represented by multiple versions), the use of that text does
712		-	not accelerate or delay the taking effect of (i) the changes
713		-	made by this Act or (ii) provisions derived from any other
714		-	Public Act.
	320	+	HB5239 Enrolled- 10 -LRB103 38291 JRC 68426 b HB5239 Enrolled - 10 - LRB103 38291 JRC 68426 b
	321	+	HB5239 Enrolled - 10 - LRB103 38291 JRC 68426 b
	322	+	1 (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
	323	+	2 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
	324	+	3 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
	325	+	4 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
	326	+	5 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
	327	+	6 eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23;
	328	+	7 revised 1-2-24.)
	329	+	8 (Text of Section after amendment by P.A. 103-472)
	330	+	9 Sec. 7.5. Statutory exemptions. To the extent provided for
	331	+	10 by the statutes referenced below, the following shall be
	332	+	11 exempt from inspection and copying:
	333	+	12 (a) All information determined to be confidential
	334	+	13 under Section 4002 of the Technology Advancement and
	335	+	14 Development Act.
	336	+	15 (b) Library circulation and order records identifying
	337	+	16 library users with specific materials under the Library
	338	+	17 Records Confidentiality Act.
	339	+	18 (c) Applications, related documents, and medical
	340	+	19 records received by the Experimental Organ Transplantation
	341	+	20 Procedures Board and any and all documents or other
	342	+	21 records prepared by the Experimental Organ Transplantation
	343	+	22 Procedures Board or its staff relating to applications it
	344	+	23 has received.
	345	+	24 (d) Information and records held by the Department of
	346	+	25 Public Health and its authorized representatives relating
	347	+
	348	+
	349	+
	350	+
	351	+
	352	+	HB5239 Enrolled - 10 - LRB103 38291 JRC 68426 b
	353	+
	354	+
	355	+	HB5239 Enrolled- 11 -LRB103 38291 JRC 68426 b HB5239 Enrolled - 11 - LRB103 38291 JRC 68426 b
	356	+	HB5239 Enrolled - 11 - LRB103 38291 JRC 68426 b
	357	+	1 to known or suspected cases of sexually transmissible
	358	+	2 disease or any information the disclosure of which is
	359	+	3 restricted under the Illinois Sexually Transmissible
	360	+	4 Disease Control Act.
	361	+	5 (e) Information the disclosure of which is exempted
	362	+	6 under Section 30 of the Radon Industry Licensing Act.
	363	+	7 (f) Firm performance evaluations under Section 55 of
	364	+	8 the Architectural, Engineering, and Land Surveying
	365	+	9 Qualifications Based Selection Act.
	366	+	10 (g) Information the disclosure of which is restricted
	367	+	11 and exempted under Section 50 of the Illinois Prepaid
	368	+	12 Tuition Act.
	369	+	13 (h) Information the disclosure of which is exempted
	370	+	14 under the State Officials and Employees Ethics Act, and
	371	+	15 records of any lawfully created State or local inspector
	372	+	16 general's office that would be exempt if created or
	373	+	17 obtained by an Executive Inspector General's office under
	374	+	18 that Act.
	375	+	19 (i) Information contained in a local emergency energy
	376	+	20 plan submitted to a municipality in accordance with a
	377	+	21 local emergency energy plan ordinance that is adopted
	378	+	22 under Section 11-21.5-5 of the Illinois Municipal Code.
	379	+	23 (j) Information and data concerning the distribution
	380	+	24 of surcharge moneys collected and remitted by carriers
	381	+	25 under the Emergency Telephone System Act.
	382	+	26 (k) Law enforcement officer identification information
	383	+
	384	+
	385	+
	386	+
	387	+
	388	+	HB5239 Enrolled - 11 - LRB103 38291 JRC 68426 b
	389	+
	390	+
	391	+	HB5239 Enrolled- 12 -LRB103 38291 JRC 68426 b HB5239 Enrolled - 12 - LRB103 38291 JRC 68426 b
	392	+	HB5239 Enrolled - 12 - LRB103 38291 JRC 68426 b
	393	+	1 or driver identification information compiled by a law
	394	+	2 enforcement agency or the Department of Transportation
	395	+	3 under Section 11-212 of the Illinois Vehicle Code.
	396	+	4 (l) Records and information provided to a residential
	397	+	5 health care facility resident sexual assault and death
	398	+	6 review team or the Executive Council under the Abuse
	399	+	7 Prevention Review Team Act.
	400	+	8 (m) Information provided to the predatory lending
	401	+	9 database created pursuant to Article 3 of the Residential
	402	+	10 Real Property Disclosure Act, except to the extent
	403	+	11 authorized under that Article.
	404	+	12 (n) Defense budgets and petitions for certification of
	405	+	13 compensation and expenses for court appointed trial
	406	+	14 counsel as provided under Sections 10 and 15 of the
	407	+	15 Capital Crimes Litigation Act (repealed). This subsection
	408	+	16 (n) shall apply until the conclusion of the trial of the
	409	+	17 case, even if the prosecution chooses not to pursue the
	410	+	18 death penalty prior to trial or sentencing.
	411	+	19 (o) Information that is prohibited from being
	412	+	20 disclosed under Section 4 of the Illinois Health and
	413	+	21 Hazardous Substances Registry Act.
	414	+	22 (p) Security portions of system safety program plans,
	415	+	23 investigation reports, surveys, schedules, lists, data, or
	416	+	24 information compiled, collected, or prepared by or for the
	417	+	25 Department of Transportation under Sections 2705-300 and
	418	+	26 2705-616 of the Department of Transportation Law of the
	419	+
	420	+
	421	+
	422	+
	423	+
	424	+	HB5239 Enrolled - 12 - LRB103 38291 JRC 68426 b
	425	+
	426	+
	427	+	HB5239 Enrolled- 13 -LRB103 38291 JRC 68426 b HB5239 Enrolled - 13 - LRB103 38291 JRC 68426 b
	428	+	HB5239 Enrolled - 13 - LRB103 38291 JRC 68426 b
	429	+	1 Civil Administrative Code of Illinois, the Regional
	430	+	2 Transportation Authority under Section 2.11 of the
	431	+	3 Regional Transportation Authority Act, or the St. Clair
	432	+	4 County Transit District under the Bi-State Transit Safety
	433	+	5 Act (repealed).
	434	+	6 (q) Information prohibited from being disclosed by the
	435	+	7 Personnel Record Review Act.
	436	+	8 (r) Information prohibited from being disclosed by the
	437	+	9 Illinois School Student Records Act.
	438	+	10 (s) Information the disclosure of which is restricted
	439	+	11 under Section 5-108 of the Public Utilities Act.
	440	+	12 (t) (Blank).
	441	+	13 (u) Records and information provided to an independent
	442	+	14 team of experts under the Developmental Disability and
	443	+	15 Mental Health Safety Act (also known as Brian's Law).
	444	+	16 (v) Names and information of people who have applied
	445	+	17 for or received Firearm Owner's Identification Cards under
	446	+	18 the Firearm Owners Identification Card Act or applied for
	447	+	19 or received a concealed carry license under the Firearm
	448	+	20 Concealed Carry Act, unless otherwise authorized by the
	449	+	21 Firearm Concealed Carry Act; and databases under the
	450	+	22 Firearm Concealed Carry Act, records of the Concealed
	451	+	23 Carry Licensing Review Board under the Firearm Concealed
	452	+	24 Carry Act, and law enforcement agency objections under the
	453	+	25 Firearm Concealed Carry Act.
	454	+	26 (v-5) Records of the Firearm Owner's Identification
	455	+
	456	+
	457	+
	458	+
	459	+
	460	+	HB5239 Enrolled - 13 - LRB103 38291 JRC 68426 b
	461	+
	462	+
	463	+	HB5239 Enrolled- 14 -LRB103 38291 JRC 68426 b HB5239 Enrolled - 14 - LRB103 38291 JRC 68426 b
	464	+	HB5239 Enrolled - 14 - LRB103 38291 JRC 68426 b
	465	+	1 Card Review Board that are exempted from disclosure under
	466	+	2 Section 10 of the Firearm Owners Identification Card Act.
	467	+	3 (w) Personally identifiable information which is
	468	+	4 exempted from disclosure under subsection (g) of Section
	469	+	5 19.1 of the Toll Highway Act.
	470	+	6 (x) Information which is exempted from disclosure
	471	+	7 under Section 5-1014.3 of the Counties Code or Section
	472	+	8 8-11-21 of the Illinois Municipal Code.
	473	+	9 (y) Confidential information under the Adult
	474	+	10 Protective Services Act and its predecessor enabling
	475	+	11 statute, the Elder Abuse and Neglect Act, including
	476	+	12 information about the identity and administrative finding
	477	+	13 against any caregiver of a verified and substantiated
	478	+	14 decision of abuse, neglect, or financial exploitation of
	479	+	15 an eligible adult maintained in the Registry established
	480	+	16 under Section 7.5 of the Adult Protective Services Act.
	481	+	17 (z) Records and information provided to a fatality
	482	+	18 review team or the Illinois Fatality Review Team Advisory
	483	+	19 Council under Section 15 of the Adult Protective Services
	484	+	20 Act.
	485	+	21 (aa) Information which is exempted from disclosure
	486	+	22 under Section 2.37 of the Wildlife Code.
	487	+	23 (bb) Information which is or was prohibited from
	488	+	24 disclosure by the Juvenile Court Act of 1987.
	489	+	25 (cc) Recordings made under the Law Enforcement
	490	+	26 Officer-Worn Body Camera Act, except to the extent
	491	+
	492	+
	493	+
	494	+
	495	+
	496	+	HB5239 Enrolled - 14 - LRB103 38291 JRC 68426 b
	497	+
	498	+
	499	+	HB5239 Enrolled- 15 -LRB103 38291 JRC 68426 b HB5239 Enrolled - 15 - LRB103 38291 JRC 68426 b
	500	+	HB5239 Enrolled - 15 - LRB103 38291 JRC 68426 b
	501	+	1 authorized under that Act.
	502	+	2 (dd) Information that is prohibited from being
	503	+	3 disclosed under Section 45 of the Condominium and Common
	504	+	4 Interest Community Ombudsperson Act.
	505	+	5 (ee) Information that is exempted from disclosure
	506	+	6 under Section 30.1 of the Pharmacy Practice Act.
	507	+	7 (ff) Information that is exempted from disclosure
	508	+	8 under the Revised Uniform Unclaimed Property Act.
	509	+	9 (gg) Information that is prohibited from being
	510	+	10 disclosed under Section 7-603.5 of the Illinois Vehicle
	511	+	11 Code.
	512	+	12 (hh) Records that are exempt from disclosure under
	513	+	13 Section 1A-16.7 of the Election Code.
	514	+	14 (ii) Information which is exempted from disclosure
	515	+	15 under Section 2505-800 of the Department of Revenue Law of
	516	+	16 the Civil Administrative Code of Illinois.
	517	+	17 (jj) Information and reports that are required to be
	518	+	18 submitted to the Department of Labor by registering day
	519	+	19 and temporary labor service agencies but are exempt from
	520	+	20 disclosure under subsection (a-1) of Section 45 of the Day
	521	+	21 and Temporary Labor Services Act.
	522	+	22 (kk) Information prohibited from disclosure under the
	523	+	23 Seizure and Forfeiture Reporting Act.
	524	+	24 (ll) Information the disclosure of which is restricted
	525	+	25 and exempted under Section 5-30.8 of the Illinois Public
	526	+	26 Aid Code.
	527	+
	528	+
	529	+
	530	+
	531	+
	532	+	HB5239 Enrolled - 15 - LRB103 38291 JRC 68426 b
	533	+
	534	+
	535	+	HB5239 Enrolled- 16 -LRB103 38291 JRC 68426 b HB5239 Enrolled - 16 - LRB103 38291 JRC 68426 b
	536	+	HB5239 Enrolled - 16 - LRB103 38291 JRC 68426 b
	537	+	1 (mm) Records that are exempt from disclosure under
	538	+	2 Section 4.2 of the Crime Victims Compensation Act.
	539	+	3 (nn) Information that is exempt from disclosure under
	540	+	4 Section 70 of the Higher Education Student Assistance Act.
	541	+	5 (oo) Communications, notes, records, and reports
	542	+	6 arising out of a peer support counseling session
	543	+	7 prohibited from disclosure under the First Responders
	544	+	8 Suicide Prevention Act.
	545	+	9 (pp) Names and all identifying information relating to
	546	+	10 an employee of an emergency services provider or law
	547	+	11 enforcement agency under the First Responders Suicide
	548	+	12 Prevention Act.
	549	+	13 (qq) Information and records held by the Department of
	550	+	14 Public Health and its authorized representatives collected
	551	+	15 under the Reproductive Health Act.
	552	+	16 (rr) Information that is exempt from disclosure under
	553	+	17 the Cannabis Regulation and Tax Act.
	554	+	18 (ss) Data reported by an employer to the Department of
	555	+	19 Human Rights pursuant to Section 2-108 of the Illinois
	556	+	20 Human Rights Act.
	557	+	21 (tt) Recordings made under the Children's Advocacy
	558	+	22 Center Act, except to the extent authorized under that
	559	+	23 Act.
	560	+	24 (uu) Information that is exempt from disclosure under
	561	+	25 Section 50 of the Sexual Assault Evidence Submission Act.
	562	+	26 (vv) Information that is exempt from disclosure under
	563	+
	564	+
	565	+
	566	+
	567	+
	568	+	HB5239 Enrolled - 16 - LRB103 38291 JRC 68426 b
	569	+
	570	+
	571	+	HB5239 Enrolled- 17 -LRB103 38291 JRC 68426 b HB5239 Enrolled - 17 - LRB103 38291 JRC 68426 b
	572	+	HB5239 Enrolled - 17 - LRB103 38291 JRC 68426 b
	573	+	1 subsections (f) and (j) of Section 5-36 of the Illinois
	574	+	2 Public Aid Code.
	575	+	3 (ww) Information that is exempt from disclosure under
	576	+	4 Section 16.8 of the State Treasurer Act.
	577	+	5 (xx) Information that is exempt from disclosure or
	578	+	6 information that shall not be made public under the
	579	+	7 Illinois Insurance Code.
	580	+	8 (yy) Information prohibited from being disclosed under
	581	+	9 the Illinois Educational Labor Relations Act.
	582	+	10 (zz) Information prohibited from being disclosed under
	583	+	11 the Illinois Public Labor Relations Act.
	584	+	12 (aaa) Information prohibited from being disclosed
	585	+	13 under Section 1-167 of the Illinois Pension Code.
	586	+	14 (bbb) Information that is prohibited from disclosure
	587	+	15 by the Illinois Police Training Act and the Illinois State
	588	+	16 Police Act.
	589	+	17 (ccc) Records exempt from disclosure under Section
	590	+	18 2605-304 of the Illinois State Police Law of the Civil
	591	+	19 Administrative Code of Illinois.
	592	+	20 (ddd) Information prohibited from being disclosed
	593	+	21 under Section 35 of the Address Confidentiality for
	594	+	22 Victims of Domestic Violence, Sexual Assault, Human
	595	+	23 Trafficking, or Stalking Act.
	596	+	24 (eee) Information prohibited from being disclosed
	597	+	25 under subsection (b) of Section 75 of the Domestic
	598	+	26 Violence Fatality Review Act.
	599	+
	600	+
	601	+
	602	+
	603	+
	604	+	HB5239 Enrolled - 17 - LRB103 38291 JRC 68426 b
	605	+
	606	+
	607	+	HB5239 Enrolled- 18 -LRB103 38291 JRC 68426 b HB5239 Enrolled - 18 - LRB103 38291 JRC 68426 b
	608	+	HB5239 Enrolled - 18 - LRB103 38291 JRC 68426 b
	609	+	1 (fff) Images from cameras under the Expressway Camera
	610	+	2 Act. This subsection (fff) is inoperative on and after
	611	+	3 July 1, 2025.
	612	+	4 (ggg) Information prohibited from disclosure under
	613	+	5 paragraph (3) of subsection (a) of Section 14 of the Nurse
	614	+	6 Agency Licensing Act.
	615	+	7 (hhh) Information submitted to the Illinois State
	616	+	8 Police in an affidavit or application for an assault
	617	+	9 weapon endorsement, assault weapon attachment endorsement,
	618	+	10 .50 caliber rifle endorsement, or .50 caliber cartridge
	619	+	11 endorsement under the Firearm Owners Identification Card
	620	+	12 Act.
	621	+	13 (iii) Data exempt from disclosure under Section 50 of
	622	+	14 the School Safety Drill Act.
	623	+	15 (jjj) (hhh) Information exempt from disclosure under
	624	+	16 Section 30 of the Insurance Data Security Law.
	625	+	17 (kkk) (iii) Confidential business information
	626	+	18 prohibited from disclosure under Section 45 of the Paint
	627	+	19 Stewardship Act.
	628	+	20 (lll) (iii) Data exempt from disclosure under Section
	629	+	21 2-3.196 of the School Code.
	630	+	22 (mmm) (iii) Information prohibited from being
	631	+	23 disclosed under subsection (e) of Section 1-129 of the
	632	+	24 Illinois Power Agency Act.
	633	+	25 (nnn) Information that is exempt from disclosure under
	634	+	26 Section 28-11 of the Lawful Health Care Activity Act.
	635	+
	636	+
	637	+
	638	+
	639	+
	640	+	HB5239 Enrolled - 18 - LRB103 38291 JRC 68426 b
	641	+
	642	+
	643	+	HB5239 Enrolled- 19 -LRB103 38291 JRC 68426 b HB5239 Enrolled - 19 - LRB103 38291 JRC 68426 b
	644	+	HB5239 Enrolled - 19 - LRB103 38291 JRC 68426 b
	645	+	1 (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
	646	+	2 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
	647	+	3 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
	648	+	4 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
	649	+	5 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
	650	+	6 eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
	651	+	7 103-580, eff. 12-8-23; revised 1-2-24.)
	652	+	8 Section 10. The Illinois Public Aid Code is amended by
	653	+	9 changing Section 11-15 as follows:
	654	+	10 (305 ILCS 5/11-15) (from Ch. 23, par. 11-15)
	655	+	11 Sec. 11-15. Application requirements.
	656	+	12 (1) An application for financial aid shall be filed in
	657	+	13 writing by the person requesting aid and, in the case of a
	658	+	14 request for family aid, by the head of that family, except as
	659	+	15 otherwise permitted in paragraph (2). Applications for aid
	660	+	16 under Articles III, IV, and V shall be filed in writing with
	661	+	17 any local office of the Department of Human Services in the
	662	+	18 manner prescribed by the Department. Applications for aid
	663	+	19 under Article VI shall be filed in writing with the local
	664	+	20 governmental unit upon forms approved by the Department.
	665	+	21 Each applicant shall provide information as to the amount
	666	+	22 of property, real and personal, owned by him or her within the
	667	+	23 period of time preceding the application as required under
	668	+	24 Sections 3-1.3, 4-1.11, and 5-2.1 of this Code. The applicant
	669	+
	670	+
	671	+
	672	+
	673	+
	674	+	HB5239 Enrolled - 19 - LRB103 38291 JRC 68426 b
	675	+
	676	+
	677	+	HB5239 Enrolled- 20 -LRB103 38291 JRC 68426 b HB5239 Enrolled - 20 - LRB103 38291 JRC 68426 b
	678	+	HB5239 Enrolled - 20 - LRB103 38291 JRC 68426 b
	679	+	1 shall also furnish information concerning all income, money
	680	+	2 contributions, and other support from any source, and the
	681	+	3 beneficiary and the amount or cash surrender or loan value of
	682	+	4 all insurance policies held by himself or herself or any
	683	+	5 member of his family for whom aid is requested.
	684	+	6 (2) An application, in all instances to be in writing, may
	685	+	7 be filed in behalf of a person considered to be in need of
	686	+	8 financial aid under Articles III, IV, V, or VI only if the
	687	+	9 person
	688	+	10 (a) has been adjudged to be under legal disability; or
	689	+	11 (b) is unable because of minority or physical or
	690	+	12 mental disability, to execute the application; or
	691	+	13 (c) in the case of need for funeral and burial, died
	692	+	14 before an application was filed and the application is
	693	+	15 filed not more than 30 days after the person's death,
	694	+	16 excluding the day on which the death occurred.
	695	+	17 Applications in behalf of persons specified in (a) and (b)
	696	+	18 shall be filed by the applicant's legal guardian or, if a
	697	+	19 guardian has not been appointed or the applicant has no legal
	698	+	20 guardian or the guardian is not available, by a relative or
	699	+	21 other person, acceptable under the rules of the Illinois
	700	+	22 Department, who is able to furnish the required information.
	701	+	23 Applications in behalf of persons specified in (c) shall be
	702	+	24 filed by any next of kin of the deceased who is not under legal
	703	+	25 disability or, if there are no such next of kin or they are
	704	+	26 unknown or unavailable, by a person, acceptable under the
	705	+
	706	+
	707	+
	708	+
	709	+
	710	+	HB5239 Enrolled - 20 - LRB103 38291 JRC 68426 b
	711	+
	712	+
	713	+	HB5239 Enrolled- 21 -LRB103 38291 JRC 68426 b HB5239 Enrolled - 21 - LRB103 38291 JRC 68426 b
	714	+	HB5239 Enrolled - 21 - LRB103 38291 JRC 68426 b
	715	+	1 rules of the Illinois Department, who is able to furnish the
	716	+	2 required information.
	717	+	3 Notwithstanding any other provision of this paragraph (2),
	718	+	4 a minor may sign and file an application on the minor's own
	719	+	5 behalf if the application is for the Article V family planning
	720	+	6 program established under Section 5-5 by Public Act 102-665.
	721	+	7 (3) The application shall contain a written declaration to
	722	+	8 be signed by the applicant, or in behalf of the applicant by a
	723	+	9 person qualified under paragraph (2), in substantially the
	724	+	10 following form, the parenthetical references being applicable
	725	+	11 to an application filed by a person in behalf of the applicant:
	726	+	12 "I declare under penalties of perjury that I have examined
	727	+	13 this form and all accompanying statements or documents
	728	+	14 pertaining to the income and resources of myself (the
	729	+	15 applicant) or any member of my family (the applicant's family)
	730	+	16 included in this application for aid, or pertaining to any
	731	+	17 other matter having bearing upon my (the applicant's)
	732	+	18 eligibility for aid, and to the best of my knowledge and belief
	733	+	19 the information supplied is true, correct, and complete".
	734	+	20 (4) If an application for financial aid is filed for a
	735	+	21 family, and any person in that family is under 18 years of age,
	736	+	22 the application shall be accompanied by the following for each
	737	+	23 such person under 18 years of age:
	738	+	24 (i) a copy of the person's birth certificate, or
	739	+	25 (ii) other reliable proof, as determined by the
	740	+	26 Department, of the person's identity and age.
	741	+
	742	+
	743	+
	744	+
	745	+
	746	+	HB5239 Enrolled - 21 - LRB103 38291 JRC 68426 b
	747	+
	748	+
	749	+	HB5239 Enrolled- 22 -LRB103 38291 JRC 68426 b HB5239 Enrolled - 22 - LRB103 38291 JRC 68426 b
	750	+	HB5239 Enrolled - 22 - LRB103 38291 JRC 68426 b
	751	+	1 The Illinois Department shall provide information to all
	752	+	2 families, orally by an intake worker and in writing when the
	753	+	3 application is filed, about the availability and location of
	754	+	4 immunization services.
	755	+	5 (5) Once an applicant is determined eligible for aid, he
	756	+	6 or she has the right to request to have the case transferred to
	757	+	7 another local office of the Department of Human Services for
	758	+	8 his or her convenience based on one of the following factors:
	759	+	9 the location of his or her employer; the location of his or her
	760	+	10 child care provider; access to reliable transportation; or the
	761	+	11 location of a social service provider that he or she sees on a
	762	+	12 regular basis. Within 5 business days after the request for
	763	+	13 transfer, the Department shall transfer the case, assign a
	764	+	14 caseworker, make appropriate entries in the computer system,
	765	+	15 and issue a written notice to the recipient that includes the
	766	+	16 name of and contact information for the caseworker. The
	767	+	17 location of the recipient's case may be reconsidered on the
	768	+	18 recipient's request or at the time of redetermination of
	769	+	19 eligibility.
	770	+	20 (Source: P.A. 96-867, eff. 1-1-11.)
	771	+	21 Section 15. The Lawful Health Care Activity Act is amended
	772	+	22 by changing Section 28-10 and by adding Sections 28-11, 28-12,
	773	+	23 28-13, and 28-14 as follows:
	774	+	24 (735 ILCS 40/28-10)
	775	+
	776	+
	777	+
	778	+
	779	+
	780	+	HB5239 Enrolled - 22 - LRB103 38291 JRC 68426 b
	781	+
	782	+
	783	+	HB5239 Enrolled- 23 -LRB103 38291 JRC 68426 b HB5239 Enrolled - 23 - LRB103 38291 JRC 68426 b
	784	+	HB5239 Enrolled - 23 - LRB103 38291 JRC 68426 b
	785	+	1 Sec. 28-10. Definitions. As used in this Act:
	786	+	2 "Lawful health care" means:
	787	+	3 (1) reproductive health care that is not unlawful
	788	+	4 under the laws of this State, including on any theory of
	789	+	5 vicarious, joint, several, or conspiracy liability; or
	790	+	6 (2) the treatment of gender dysphoria or the
	791	+	7 affirmation of an individual's gender identity or gender
	792	+	8 expression, including, but not limited to, all supplies,
	793	+	9 care, and services of a medical, behavioral health, mental
	794	+	10 health, surgical, psychiatric, therapeutic, diagnostic,
	795	+	11 preventative, rehabilitative, or supportive nature that is
	796	+	12 not unlawful under the laws of this State, including on
	797	+	13 any theory of vicarious, joint, several, or conspiracy
	798	+	14 liability.
	799	+	15 "Lawful health care activity" means seeking, providing,
	800	+	16 receiving, assisting in seeking, providing, or receiving,
	801	+	17 providing material support for, or traveling to obtain lawful
	802	+	18 health care.
	803	+	19 "Health records related to lawful health care" means
	804	+	20 records that identify a person who has sought or received
	805	+	21 lawful healthcare, including, but not limited to, information
	806	+	22 regarding an individual's medical history, mental or physical
	807	+	23 condition, or medical treatment or diagnosis by a healthcare
	808	+	24 professional, and insurance and billing records for medical
	809	+	25 care.
	810	+	26 "Location information related to lawful health care" means
	811	+
	812	+
	813	+
	814	+
	815	+
	816	+	HB5239 Enrolled - 23 - LRB103 38291 JRC 68426 b
	817	+
	818	+
	819	+	HB5239 Enrolled- 24 -LRB103 38291 JRC 68426 b HB5239 Enrolled - 24 - LRB103 38291 JRC 68426 b
	820	+	HB5239 Enrolled - 24 - LRB103 38291 JRC 68426 b
	821	+	1 precise location information that could be reasonably used to
	822	+	2 identify a person's attempt to acquire or receive lawful
	823	+	3 health care, including, but not limited to, records of the
	824	+	4 location of a person's license plate, records of the location
	825	+	5 of a cell phone or other device that tracks location, or
	826	+	6 records of observations of a person's location when the
	827	+	7 location is near a provider of lawful health care.
	828	+	8 "Reproductive health care" shall have the same meaning as
	829	+	9 Section 1-10 of the Reproductive Health Act.
	830	+	10 "State" has the meaning given in Section 1-10 of the
	831	+	11 Reproductive Health Act.
	832	+	12 (Source: P.A. 102-1117, eff. 1-13-23.)
	833	+	13 (735 ILCS 40/28-11 new)
	834	+	14 Sec. 28-11. Prohibited State actions.
	835	+	15 (a) Unless otherwise necessary to comply with Illinois or
	836	+	16 federal law, the State shall not provide any information or
	837	+	17 expend or use any time, money, facilities, property,
	838	+	18 equipment, personnel, or other resources to assist any
	839	+	19 individual, or out-of-state officer, official, agency, entity,
	840	+	20 or department seeking to impose civil or criminal liability
	841	+	21 upon a person or entity for lawful healthcare activity.
	842	+	22 (b) Location information related to lawful health care and
	843	+	23 health records related to lawful health care are confidential
	844	+	24 and exempt from disclosure under the Freedom of Information
	845	+	25 Act.
	846	+
	847	+
	848	+
	849	+
	850	+
	851	+	HB5239 Enrolled - 24 - LRB103 38291 JRC 68426 b
	852	+
	853	+
	854	+	HB5239 Enrolled- 25 -LRB103 38291 JRC 68426 b HB5239 Enrolled - 25 - LRB103 38291 JRC 68426 b
	855	+	HB5239 Enrolled - 25 - LRB103 38291 JRC 68426 b
	856	+	1 (c) This Section does not apply if an individual or
	857	+	2 out-of-state officer, official, agency, entity, or department
	858	+	3 is investigating conduct that would be subject to civil or
	859	+	4 criminal liability under the laws of Illinois.
	860	+	5 (735 ILCS 40/28-12 new)
	861	+	6 Sec. 28-12. Cause of action.
	862	+	7 (a) Any party aggrieved by conduct or regulation in
	863	+	8 violation of Section 28-11 of this Act may bring a civil action
	864	+	9 in a federal district court or State circuit court against the
	865	+	10 offending unit of government. Any State claim brought in
	866	+	11 federal district court shall be a supplemental claim to a
	867	+	12 federal claim. Any action brought under this Act shall be
	868	+	13 commenced within 2 years after the cause of action was
	869	+	14 discovered.
	870	+	15 (b) Upon motion, a court shall award reasonable attorney's
	871	+	16 fees, court costs, and litigation expenses, including expert
	872	+	17 witness fees and other litigation expenses, to a plaintiff who
	873	+	18 is a prevailing party in any action brought under this Act. In
	874	+	19 awarding reasonable attorney's fees, the court shall consider
	875	+	20 the degree to which the relief obtained relates to the relief
	876	+	21 sought.
	877	+	22 (735 ILCS 40/28-13 new)
	878	+	23 Sec. 28-13. Reservation of rights. Nothing in this Section
	879	+	24 shall be construed to narrow, restrict, or otherwise limit in
	880	+
	881	+
	882	+
	883	+
	884	+
	885	+	HB5239 Enrolled - 25 - LRB103 38291 JRC 68426 b
	886	+
	887	+
	888	+	HB5239 Enrolled- 26 -LRB103 38291 JRC 68426 b HB5239 Enrolled - 26 - LRB103 38291 JRC 68426 b
	889	+	HB5239 Enrolled - 26 - LRB103 38291 JRC 68426 b
	890	+	1 any way any rights, protections, or causes of action with
	891	+	2 respect to lawful health care, including, but not limited to,
	892	+	3 any rights, protections, or causes of action set forth in the
	893	+	4 Reproductive Health Act.
	894	+	5 (735 ILCS 40/28-14 new)
	895	+	6 Sec. 28-14. Home rule preemption. The regulation of lawful
	896	+	7 health care activity is an exclusive power and function of the
	897	+	8 State. A home rule unit may not regulate lawful health care
	898	+	9 activity. This Section is a denial and limitation of home rule
	899	+	10 powers and functions under subsection (h) of Section 6 of
	900	+	11 Article VII of the Illinois Constitution.
	901	+	12 Section 95. No acceleration or delay. Where this Act makes
	902	+	13 changes in a statute that is represented in this Act by text
	903	+	14 that is not yet or no longer in effect (for example, a Section
	904	+	15 represented by multiple versions), the use of that text does
	905	+	16 not accelerate or delay the taking effect of (i) the changes
	906	+	17 made by this Act or (ii) provisions derived from any other
	907	+	18 Public Act.
	908	+
	909	+
	910	+
	911	+
	912	+
	913	+	HB5239 Enrolled - 26 - LRB103 38291 JRC 68426 b