Full Text of HB5239 103rd General Assembly
HB5239enr 103RD GENERAL ASSEMBLY | | | HB5239 Enrolled | | LRB103 38291 JRC 68426 b |
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| 1 | | AN ACT concerning civil law. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Freedom of Information Act is amended by | 5 | | changing Section 7.5 as follows: | 6 | | (5 ILCS 140/7.5) | 7 | | (Text of Section before amendment by P.A. 103-472 ) | 8 | | Sec. 7.5. Statutory exemptions. To the extent provided for | 9 | | by the statutes referenced below, the following shall be | 10 | | exempt from inspection and copying: | 11 | | (a) All information determined to be confidential | 12 | | under Section 4002 of the Technology Advancement and | 13 | | Development Act. | 14 | | (b) Library circulation and order records identifying | 15 | | library users with specific materials under the Library | 16 | | Records Confidentiality Act. | 17 | | (c) Applications, related documents, and medical | 18 | | records received by the Experimental Organ Transplantation | 19 | | Procedures Board and any and all documents or other | 20 | | records prepared by the Experimental Organ Transplantation | 21 | | Procedures Board or its staff relating to applications it | 22 | | has received. | 23 | | (d) Information and records held by the Department of |
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| 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. |
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| 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 |
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| 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. |
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| 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 |
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| 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 |
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| 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. |
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| 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 |
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| 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. |
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| 1 | | (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; | 2 | | 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. | 3 | | 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; | 4 | | 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. | 5 | | 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, | 6 | | eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; | 7 | | revised 1-2-24.) | 8 | | (Text of Section after amendment by P.A. 103-472 ) | 9 | | Sec. 7.5. Statutory exemptions. To the extent provided for | 10 | | by the statutes referenced below, the following shall be | 11 | | exempt from inspection and copying: | 12 | | (a) All information determined to be confidential | 13 | | under Section 4002 of the Technology Advancement and | 14 | | Development Act. | 15 | | (b) Library circulation and order records identifying | 16 | | library users with specific materials under the Library | 17 | | Records Confidentiality Act. | 18 | | (c) Applications, related documents, and medical | 19 | | records received by the Experimental Organ Transplantation | 20 | | Procedures Board and any and all documents or other | 21 | | records prepared by the Experimental Organ Transplantation | 22 | | Procedures Board or its staff relating to applications it | 23 | | has received. | 24 | | (d) Information and records held by the Department of | 25 | | Public Health and its authorized representatives relating |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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. |
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| 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 |
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| 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. |
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| 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. |
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| 1 | | (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; | 2 | | 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. | 3 | | 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; | 4 | | 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. | 5 | | 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, | 6 | | eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; | 7 | | 103-580, eff. 12-8-23; revised 1-2-24.) | 8 | | Section 10. The Illinois Public Aid Code is amended by | 9 | | changing Section 11-15 as follows: | 10 | | (305 ILCS 5/11-15) (from Ch. 23, par. 11-15) | 11 | | Sec. 11-15. Application requirements. | 12 | | (1) An application for financial aid shall be filed in | 13 | | writing by the person requesting aid and, in the case of a | 14 | | request for family aid, by the head of that family, except as | 15 | | otherwise permitted in paragraph (2). Applications for aid | 16 | | under Articles III, IV, and V shall be filed in writing with | 17 | | any local office of the Department of Human Services in the | 18 | | manner prescribed by the Department. Applications for aid | 19 | | under Article VI shall be filed in writing with the local | 20 | | governmental unit upon forms approved by the Department. | 21 | | Each applicant shall provide information as to the amount | 22 | | of property, real and personal, owned by him or her within the | 23 | | period of time preceding the application as required under | 24 | | Sections 3-1.3, 4-1.11, and 5-2.1 of this Code. The applicant |
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| 1 | | shall also furnish information concerning all income, money | 2 | | contributions, and other support from any source, and the | 3 | | beneficiary and the amount or cash surrender or loan value of | 4 | | all insurance policies held by himself or herself or any | 5 | | member of his family for whom aid is requested. | 6 | | (2) An application, in all instances to be in writing, may | 7 | | be filed in behalf of a person considered to be in need of | 8 | | financial aid under Articles III, IV, V, or VI only if the | 9 | | person | 10 | | (a) has been adjudged to be under legal disability; or | 11 | | (b) is unable because of minority or physical or | 12 | | mental disability, to execute the application; or | 13 | | (c) in the case of need for funeral and burial, died | 14 | | before an application was filed and the application is | 15 | | filed not more than 30 days after the person's death, | 16 | | excluding the day on which the death occurred. | 17 | | Applications in behalf of persons specified in (a) and (b) | 18 | | shall be filed by the applicant's legal guardian or, if a | 19 | | guardian has not been appointed or the applicant has no legal | 20 | | guardian or the guardian is not available, by a relative or | 21 | | other person, acceptable under the rules of the Illinois | 22 | | Department, who is able to furnish the required information. | 23 | | Applications in behalf of persons specified in (c) shall be | 24 | | filed by any next of kin of the deceased who is not under legal | 25 | | disability or, if there are no such next of kin or they are | 26 | | unknown or unavailable, by a person, acceptable under the |
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| 1 | | rules of the Illinois Department, who is able to furnish the | 2 | | required information. | 3 | | Notwithstanding any other provision of this paragraph (2), | 4 | | a minor may sign and file an application on the minor's own | 5 | | behalf if the application is for the Article V family planning | 6 | | program established under Section 5-5 by Public Act 102-665. | 7 | | (3) The application shall contain a written declaration to | 8 | | be signed by the applicant, or in behalf of the applicant by a | 9 | | person qualified under paragraph (2), in substantially the | 10 | | following form, the parenthetical references being applicable | 11 | | to an application filed by a person in behalf of the applicant: | 12 | | "I declare under penalties of perjury that I have examined | 13 | | this form and all accompanying statements or documents | 14 | | pertaining to the income and resources of myself (the | 15 | | applicant) or any member of my family (the applicant's family) | 16 | | included in this application for aid, or pertaining to any | 17 | | other matter having bearing upon my (the applicant's) | 18 | | eligibility for aid, and to the best of my knowledge and belief | 19 | | the information supplied is true, correct, and complete". | 20 | | (4) If an application for financial aid is filed for a | 21 | | family, and any person in that family is under 18 years of age, | 22 | | the application shall be accompanied by the following for each | 23 | | such person under 18 years of age: | 24 | | (i) a copy of the person's birth certificate, or | 25 | | (ii) other reliable proof, as determined by the | 26 | | Department, of the person's identity and age. |
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| 1 | | The Illinois Department shall provide information to all | 2 | | families, orally by an intake worker and in writing when the | 3 | | application is filed, about the availability and location of | 4 | | immunization services. | 5 | | (5) Once an applicant is determined eligible for aid, he | 6 | | or she has the right to request to have the case transferred to | 7 | | another local office of the Department of Human Services for | 8 | | his or her convenience based on one of the following factors: | 9 | | the location of his or her employer; the location of his or her | 10 | | child care provider; access to reliable transportation; or the | 11 | | location of a social service provider that he or she sees on a | 12 | | regular basis. Within 5 business days after the request for | 13 | | transfer, the Department shall transfer the case, assign a | 14 | | caseworker, make appropriate entries in the computer system, | 15 | | and issue a written notice to the recipient that includes the | 16 | | name of and contact information for the caseworker. The | 17 | | location of the recipient's case may be reconsidered on the | 18 | | recipient's request or at the time of redetermination of | 19 | | eligibility. | 20 | | (Source: P.A. 96-867, eff. 1-1-11 .) | 21 | | Section 15. The Lawful Health Care Activity Act is amended | 22 | | by changing Section 28-10 and by adding Sections 28-11, 28-12, | 23 | | 28-13, and 28-14 as follows: | 24 | | (735 ILCS 40/28-10) |
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| 1 | | Sec. 28-10. Definitions. As used in this Act: | 2 | | "Lawful health care" means: | 3 | | (1) reproductive health care that is not unlawful | 4 | | under the laws of this State, including on any theory of | 5 | | vicarious, joint, several, or conspiracy liability; or | 6 | | (2) the treatment of gender dysphoria or the | 7 | | affirmation of an individual's gender identity or gender | 8 | | expression, including, but not limited to, all supplies, | 9 | | care, and services of a medical, behavioral health, mental | 10 | | health, surgical, psychiatric, therapeutic, diagnostic, | 11 | | preventative, rehabilitative, or supportive nature that is | 12 | | not unlawful under the laws of this State, including on | 13 | | any theory of vicarious, joint, several, or conspiracy | 14 | | liability. | 15 | | "Lawful health care activity" means seeking, providing, | 16 | | receiving, assisting in seeking, providing, or receiving, | 17 | | providing material support for, or traveling to obtain lawful | 18 | | health care. | 19 | | "Health records related to lawful health care" means | 20 | | records that identify a person who has sought or received | 21 | | lawful healthcare, including, but not limited to, information | 22 | | regarding an individual's medical history, mental or physical | 23 | | condition, or medical treatment or diagnosis by a healthcare | 24 | | professional, and insurance and billing records for medical | 25 | | care. | 26 | | "Location information related to lawful health care" means |
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| 1 | | precise location information that could be reasonably used to | 2 | | identify a person's attempt to acquire or receive lawful | 3 | | health care, including, but not limited to, records of the | 4 | | location of a person's license plate, records of the location | 5 | | of a cell phone or other device that tracks location, or | 6 | | records of observations of a person's location when the | 7 | | location is near a provider of lawful health care. | 8 | | "Reproductive health care" shall have the same meaning as | 9 | | Section 1-10 of the Reproductive Health Act. | 10 | | "State" has the meaning given in Section 1-10 of the | 11 | | Reproductive Health Act. | 12 | | (Source: P.A. 102-1117, eff. 1-13-23.) | 13 | | (735 ILCS 40/28-11 new) | 14 | | Sec. 28-11. Prohibited State actions. | 15 | | (a) Unless otherwise necessary to comply with Illinois or | 16 | | federal law, the State shall not provide any information or | 17 | | expend or use any time, money, facilities, property, | 18 | | equipment, personnel, or other resources to assist any | 19 | | individual, or out-of-state officer, official, agency, entity, | 20 | | or department seeking to impose civil or criminal liability | 21 | | upon a person or entity for lawful healthcare activity. | 22 | | (b) Location information related to lawful health care and | 23 | | health records related to lawful health care are confidential | 24 | | and exempt from disclosure under the Freedom of Information | 25 | | Act. |
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| 1 | | (c) This Section does not apply if an individual or | 2 | | out-of-state officer, official, agency, entity, or department | 3 | | is investigating conduct that would be subject to civil or | 4 | | criminal liability under the laws of Illinois. | 5 | | (735 ILCS 40/28-12 new) | 6 | | Sec. 28-12. Cause of action. | 7 | | (a) Any party aggrieved by conduct or regulation in | 8 | | violation of Section 28-11 of this Act may bring a civil action | 9 | | in a federal district court or State circuit court against the | 10 | | offending unit of government. Any State claim brought in | 11 | | federal district court shall be a supplemental claim to a | 12 | | federal claim. Any action brought under this Act shall be | 13 | | commenced within 2 years after the cause of action was | 14 | | discovered. | 15 | | (b) Upon motion, a court shall award reasonable attorney's | 16 | | fees, court costs, and litigation expenses, including expert | 17 | | witness fees and other litigation expenses, to a plaintiff who | 18 | | is a prevailing party in any action brought under this Act. In | 19 | | awarding reasonable attorney's fees, the court shall consider | 20 | | the degree to which the relief obtained relates to the relief | 21 | | sought. | 22 | | (735 ILCS 40/28-13 new) | 23 | | Sec. 28-13. Reservation of rights. Nothing in this Section | 24 | | shall be construed to narrow, restrict, or otherwise limit in |
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| 1 | | any way any rights, protections, or causes of action with | 2 | | respect to lawful health care, including, but not limited to, | 3 | | any rights, protections, or causes of action set forth in the | 4 | | Reproductive Health Act. | 5 | | (735 ILCS 40/28-14 new) | 6 | | Sec. 28-14. Home rule preemption. The regulation of lawful | 7 | | health care activity is an exclusive power and function of the | 8 | | State. A home rule unit may not regulate lawful health care | 9 | | activity. This Section is a denial and limitation of home rule | 10 | | powers and functions under subsection (h) of Section 6 of | 11 | | Article VII of the Illinois Constitution. | 12 | | Section 95. No acceleration or delay. Where this Act makes | 13 | | changes in a statute that is represented in this Act by text | 14 | | that is not yet or no longer in effect (for example, a Section | 15 | | represented by multiple versions), the use of that text does | 16 | | not accelerate or delay the taking effect of (i) the changes | 17 | | made by this Act or (ii) provisions derived from any other | 18 | | Public Act. | 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law. |
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