Bill Text: IL HB5239 | 2023-2024 | 103rd General Assembly | Engrossed
Bill Title: Reinserts the provisions of the introduced bill with the following changes. Amends the Freedom of Information Act to prohibit disclosure of information protected by the Lawful Health Care Activity Act. Amends the Illinois Public Aid Code. Allows a minor to sign and file an application under the family planning program in the Code. Amends the Lawful Health Care Activity Act. Defines "health records related to lawful health care" and "location information related to lawful health care". Prohibits the State from providing any information or using any resources to assist any person or entity that seeks to impose civil or criminal liability upon a person or entity for lawful healthcare activity unless otherwise necessary to comply with State or federal law. Exempts any investigation or proceeding if the conduct under the investigation or proceeding would be subject to criminal or civil liability under Illinois law. Exempts location information related to lawful health care and health records from disclosure under the Freedom of Information Act. Creates a statutory civil cause of action for violations of the Act that includes reasonable attorney's fees, court costs, and litigation expenses to a plaintiff who prevails in an action under the Act. Limits home rule powers. Effective immediately.
Spectrum: Partisan Bill (Democrat 22-0)
Status: (Engrossed) 2024-05-17 - Rule 2-10 Third Reading/Passage Deadline Established As May 24, 2024 [HB5239 Detail]
Download: Illinois-2023-HB5239-Engrossed.html
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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Freedom of Information Act is amended by | ||||||
5 | changing Section 7.5 as follows:
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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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.)
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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 .)
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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:
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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.)
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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.
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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.
|