Public Act 103-0786
 
HB5239 EnrolledLRB103 38291 JRC 68426 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
 
    (5 ILCS 140/7.5)
    (Text of Section before amendment by P.A. 103-472)
    Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be
exempt from inspection and copying:
        (a) All information determined to be confidential
    under Section 4002 of the Technology Advancement and
    Development Act.
        (b) Library circulation and order records identifying
    library users with specific materials under the Library
    Records Confidentiality Act.
        (c) Applications, related documents, and medical
    records received by the Experimental Organ Transplantation
    Procedures Board and any and all documents or other
    records prepared by the Experimental Organ Transplantation
    Procedures Board or its staff relating to applications it
    has received.
        (d) Information and records held by the Department of
    Public Health and its authorized representatives relating
    to known or suspected cases of sexually transmissible
    disease or any information the disclosure of which is
    restricted under the Illinois Sexually Transmissible
    Disease Control Act.
        (e) Information the disclosure of which is exempted
    under Section 30 of the Radon Industry Licensing Act.
        (f) Firm performance evaluations under Section 55 of
    the Architectural, Engineering, and Land Surveying
    Qualifications Based Selection Act.
        (g) Information the disclosure of which is restricted
    and exempted under Section 50 of the Illinois Prepaid
    Tuition Act.
        (h) Information the disclosure of which is exempted
    under the State Officials and Employees Ethics Act, and
    records of any lawfully created State or local inspector
    general's office that would be exempt if created or
    obtained by an Executive Inspector General's office under
    that Act.
        (i) Information contained in a local emergency energy
    plan submitted to a municipality in accordance with a
    local emergency energy plan ordinance that is adopted
    under Section 11-21.5-5 of the Illinois Municipal Code.
        (j) Information and data concerning the distribution
    of surcharge moneys collected and remitted by carriers
    under the Emergency Telephone System Act.
        (k) Law enforcement officer identification information
    or driver identification information compiled by a law
    enforcement agency or the Department of Transportation
    under Section 11-212 of the Illinois Vehicle Code.
        (l) Records and information provided to a residential
    health care facility resident sexual assault and death
    review team or the Executive Council under the Abuse
    Prevention Review Team Act.
        (m) Information provided to the predatory lending
    database created pursuant to Article 3 of the Residential
    Real Property Disclosure Act, except to the extent
    authorized under that Article.
        (n) Defense budgets and petitions for certification of
    compensation and expenses for court appointed trial
    counsel as provided under Sections 10 and 15 of the
    Capital Crimes Litigation Act (repealed). This subsection
    (n) shall apply until the conclusion of the trial of the
    case, even if the prosecution chooses not to pursue the
    death penalty prior to trial or sentencing.
        (o) Information that is prohibited from being
    disclosed under Section 4 of the Illinois Health and
    Hazardous Substances Registry Act.
        (p) Security portions of system safety program plans,
    investigation reports, surveys, schedules, lists, data, or
    information compiled, collected, or prepared by or for the
    Department of Transportation under Sections 2705-300 and
    2705-616 of the Department of Transportation Law of the
    Civil Administrative Code of Illinois, the Regional
    Transportation Authority under Section 2.11 of the
    Regional Transportation Authority Act, or the St. Clair
    County Transit District under the Bi-State Transit Safety
    Act (repealed).
        (q) Information prohibited from being disclosed by the
    Personnel Record Review Act.
        (r) Information prohibited from being disclosed by the
    Illinois School Student Records Act.
        (s) Information the disclosure of which is restricted
    under Section 5-108 of the Public Utilities Act.
        (t) (Blank).
        (u) Records and information provided to an independent
    team of experts under the Developmental Disability and
    Mental Health Safety Act (also known as Brian's Law).
        (v) Names and information of people who have applied
    for or received Firearm Owner's Identification Cards under
    the Firearm Owners Identification Card Act or applied for
    or received a concealed carry license under the Firearm
    Concealed Carry Act, unless otherwise authorized by the
    Firearm Concealed Carry Act; and databases under the
    Firearm Concealed Carry Act, records of the Concealed
    Carry Licensing Review Board under the Firearm Concealed
    Carry Act, and law enforcement agency objections under the
    Firearm Concealed Carry Act.
        (v-5) Records of the Firearm Owner's Identification
    Card Review Board that are exempted from disclosure under
    Section 10 of the Firearm Owners Identification Card Act.
        (w) Personally identifiable information which is
    exempted from disclosure under subsection (g) of Section
    19.1 of the Toll Highway Act.
        (x) Information which is exempted from disclosure
    under Section 5-1014.3 of the Counties Code or Section
    8-11-21 of the Illinois Municipal Code.
        (y) Confidential information under the Adult
    Protective Services Act and its predecessor enabling
    statute, the Elder Abuse and Neglect Act, including
    information about the identity and administrative finding
    against any caregiver of a verified and substantiated
    decision of abuse, neglect, or financial exploitation of
    an eligible adult maintained in the Registry established
    under Section 7.5 of the Adult Protective Services Act.
        (z) Records and information provided to a fatality
    review team or the Illinois Fatality Review Team Advisory
    Council under Section 15 of the Adult Protective Services
    Act.
        (aa) Information which is exempted from disclosure
    under Section 2.37 of the Wildlife Code.
        (bb) Information which is or was prohibited from
    disclosure by the Juvenile Court Act of 1987.
        (cc) Recordings made under the Law Enforcement
    Officer-Worn Body Camera Act, except to the extent
    authorized under that Act.
        (dd) Information that is prohibited from being
    disclosed under Section 45 of the Condominium and Common
    Interest Community Ombudsperson Act.
        (ee) Information that is exempted from disclosure
    under Section 30.1 of the Pharmacy Practice Act.
        (ff) Information that is exempted from disclosure
    under the Revised Uniform Unclaimed Property Act.
        (gg) Information that is prohibited from being
    disclosed under Section 7-603.5 of the Illinois Vehicle
    Code.
        (hh) Records that are exempt from disclosure under
    Section 1A-16.7 of the Election Code.
        (ii) Information which is exempted from disclosure
    under Section 2505-800 of the Department of Revenue Law of
    the Civil Administrative Code of Illinois.
        (jj) Information and reports that are required to be
    submitted to the Department of Labor by registering day
    and temporary labor service agencies but are exempt from
    disclosure under subsection (a-1) of Section 45 of the Day
    and Temporary Labor Services Act.
        (kk) Information prohibited from disclosure under the
    Seizure and Forfeiture Reporting Act.
        (ll) Information the disclosure of which is restricted
    and exempted under Section 5-30.8 of the Illinois Public
    Aid Code.
        (mm) Records that are exempt from disclosure under
    Section 4.2 of the Crime Victims Compensation Act.
        (nn) Information that is exempt from disclosure under
    Section 70 of the Higher Education Student Assistance Act.
        (oo) Communications, notes, records, and reports
    arising out of a peer support counseling session
    prohibited from disclosure under the First Responders
    Suicide Prevention Act.
        (pp) Names and all identifying information relating to
    an employee of an emergency services provider or law
    enforcement agency under the First Responders Suicide
    Prevention Act.
        (qq) Information and records held by the Department of
    Public Health and its authorized representatives collected
    under the Reproductive Health Act.
        (rr) Information that is exempt from disclosure under
    the Cannabis Regulation and Tax Act.
        (ss) Data reported by an employer to the Department of
    Human Rights pursuant to Section 2-108 of the Illinois
    Human Rights Act.
        (tt) Recordings made under the Children's Advocacy
    Center Act, except to the extent authorized under that
    Act.
        (uu) Information that is exempt from disclosure under
    Section 50 of the Sexual Assault Evidence Submission Act.
        (vv) Information that is exempt from disclosure under
    subsections (f) and (j) of Section 5-36 of the Illinois
    Public Aid Code.
        (ww) Information that is exempt from disclosure under
    Section 16.8 of the State Treasurer Act.
        (xx) Information that is exempt from disclosure or
    information that shall not be made public under the
    Illinois Insurance Code.
        (yy) Information prohibited from being disclosed under
    the Illinois Educational Labor Relations Act.
        (zz) Information prohibited from being disclosed under
    the Illinois Public Labor Relations Act.
        (aaa) Information prohibited from being disclosed
    under Section 1-167 of the Illinois Pension Code.
        (bbb) Information that is prohibited from disclosure
    by the Illinois Police Training Act and the Illinois State
    Police Act.
        (ccc) Records exempt from disclosure under Section
    2605-304 of the Illinois State Police Law of the Civil
    Administrative Code of Illinois.
        (ddd) Information prohibited from being disclosed
    under Section 35 of the Address Confidentiality for
    Victims of Domestic Violence, Sexual Assault, Human
    Trafficking, or Stalking Act.
        (eee) Information prohibited from being disclosed
    under subsection (b) of Section 75 of the Domestic
    Violence Fatality Review Act.
        (fff) Images from cameras under the Expressway Camera
    Act. This subsection (fff) is inoperative on and after
    July 1, 2025.
        (ggg) Information prohibited from disclosure under
    paragraph (3) of subsection (a) of Section 14 of the Nurse
    Agency Licensing Act.
        (hhh) Information submitted to the Illinois State
    Police in an affidavit or application for an assault
    weapon endorsement, assault weapon attachment endorsement,
    .50 caliber rifle endorsement, or .50 caliber cartridge
    endorsement under the Firearm Owners Identification Card
    Act.
        (iii) Data exempt from disclosure under Section 50 of
    the School Safety Drill Act.
        (jjj) (hhh) Information exempt from disclosure under
    Section 30 of the Insurance Data Security Law.
        (kkk) (iii) Confidential business information
    prohibited from disclosure under Section 45 of the Paint
    Stewardship Act.
        (lll) (Reserved).
        (mmm) (iii) Information prohibited from being
    disclosed under subsection (e) of Section 1-129 of the
    Illinois Power Agency Act.
        (nnn) Information that is exempt from disclosure under
    Section 28-11 of the Lawful Health Care Activity Act.
(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23;
revised 1-2-24.)
 
    (Text of Section after amendment by P.A. 103-472)
    Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be
exempt from inspection and copying:
        (a) All information determined to be confidential
    under Section 4002 of the Technology Advancement and
    Development Act.
        (b) Library circulation and order records identifying
    library users with specific materials under the Library
    Records Confidentiality Act.
        (c) Applications, related documents, and medical
    records received by the Experimental Organ Transplantation
    Procedures Board and any and all documents or other
    records prepared by the Experimental Organ Transplantation
    Procedures Board or its staff relating to applications it
    has received.
        (d) Information and records held by the Department of
    Public Health and its authorized representatives relating
    to known or suspected cases of sexually transmissible
    disease or any information the disclosure of which is
    restricted under the Illinois Sexually Transmissible
    Disease Control Act.
        (e) Information the disclosure of which is exempted
    under Section 30 of the Radon Industry Licensing Act.
        (f) Firm performance evaluations under Section 55 of
    the Architectural, Engineering, and Land Surveying
    Qualifications Based Selection Act.
        (g) Information the disclosure of which is restricted
    and exempted under Section 50 of the Illinois Prepaid
    Tuition Act.
        (h) Information the disclosure of which is exempted
    under the State Officials and Employees Ethics Act, and
    records of any lawfully created State or local inspector
    general's office that would be exempt if created or
    obtained by an Executive Inspector General's office under
    that Act.
        (i) Information contained in a local emergency energy
    plan submitted to a municipality in accordance with a
    local emergency energy plan ordinance that is adopted
    under Section 11-21.5-5 of the Illinois Municipal Code.
        (j) Information and data concerning the distribution
    of surcharge moneys collected and remitted by carriers
    under the Emergency Telephone System Act.
        (k) Law enforcement officer identification information
    or driver identification information compiled by a law
    enforcement agency or the Department of Transportation
    under Section 11-212 of the Illinois Vehicle Code.
        (l) Records and information provided to a residential
    health care facility resident sexual assault and death
    review team or the Executive Council under the Abuse
    Prevention Review Team Act.
        (m) Information provided to the predatory lending
    database created pursuant to Article 3 of the Residential
    Real Property Disclosure Act, except to the extent
    authorized under that Article.
        (n) Defense budgets and petitions for certification of
    compensation and expenses for court appointed trial
    counsel as provided under Sections 10 and 15 of the
    Capital Crimes Litigation Act (repealed). This subsection
    (n) shall apply until the conclusion of the trial of the
    case, even if the prosecution chooses not to pursue the
    death penalty prior to trial or sentencing.
        (o) Information that is prohibited from being
    disclosed under Section 4 of the Illinois Health and
    Hazardous Substances Registry Act.
        (p) Security portions of system safety program plans,
    investigation reports, surveys, schedules, lists, data, or
    information compiled, collected, or prepared by or for the
    Department of Transportation under Sections 2705-300 and
    2705-616 of the Department of Transportation Law of the
    Civil Administrative Code of Illinois, the Regional
    Transportation Authority under Section 2.11 of the
    Regional Transportation Authority Act, or the St. Clair
    County Transit District under the Bi-State Transit Safety
    Act (repealed).
        (q) Information prohibited from being disclosed by the
    Personnel Record Review Act.
        (r) Information prohibited from being disclosed by the
    Illinois School Student Records Act.
        (s) Information the disclosure of which is restricted
    under Section 5-108 of the Public Utilities Act.
        (t) (Blank).
        (u) Records and information provided to an independent
    team of experts under the Developmental Disability and
    Mental Health Safety Act (also known as Brian's Law).
        (v) Names and information of people who have applied
    for or received Firearm Owner's Identification Cards under
    the Firearm Owners Identification Card Act or applied for
    or received a concealed carry license under the Firearm
    Concealed Carry Act, unless otherwise authorized by the
    Firearm Concealed Carry Act; and databases under the
    Firearm Concealed Carry Act, records of the Concealed
    Carry Licensing Review Board under the Firearm Concealed
    Carry Act, and law enforcement agency objections under the
    Firearm Concealed Carry Act.
        (v-5) Records of the Firearm Owner's Identification
    Card Review Board that are exempted from disclosure under
    Section 10 of the Firearm Owners Identification Card Act.
        (w) Personally identifiable information which is
    exempted from disclosure under subsection (g) of Section
    19.1 of the Toll Highway Act.
        (x) Information which is exempted from disclosure
    under Section 5-1014.3 of the Counties Code or Section
    8-11-21 of the Illinois Municipal Code.
        (y) Confidential information under the Adult
    Protective Services Act and its predecessor enabling
    statute, the Elder Abuse and Neglect Act, including
    information about the identity and administrative finding
    against any caregiver of a verified and substantiated
    decision of abuse, neglect, or financial exploitation of
    an eligible adult maintained in the Registry established
    under Section 7.5 of the Adult Protective Services Act.
        (z) Records and information provided to a fatality
    review team or the Illinois Fatality Review Team Advisory
    Council under Section 15 of the Adult Protective Services
    Act.
        (aa) Information which is exempted from disclosure
    under Section 2.37 of the Wildlife Code.
        (bb) Information which is or was prohibited from
    disclosure by the Juvenile Court Act of 1987.
        (cc) Recordings made under the Law Enforcement
    Officer-Worn Body Camera Act, except to the extent
    authorized under that Act.
        (dd) Information that is prohibited from being
    disclosed under Section 45 of the Condominium and Common
    Interest Community Ombudsperson Act.
        (ee) Information that is exempted from disclosure
    under Section 30.1 of the Pharmacy Practice Act.
        (ff) Information that is exempted from disclosure
    under the Revised Uniform Unclaimed Property Act.
        (gg) Information that is prohibited from being
    disclosed under Section 7-603.5 of the Illinois Vehicle
    Code.
        (hh) Records that are exempt from disclosure under
    Section 1A-16.7 of the Election Code.
        (ii) Information which is exempted from disclosure
    under Section 2505-800 of the Department of Revenue Law of
    the Civil Administrative Code of Illinois.
        (jj) Information and reports that are required to be
    submitted to the Department of Labor by registering day
    and temporary labor service agencies but are exempt from
    disclosure under subsection (a-1) of Section 45 of the Day
    and Temporary Labor Services Act.
        (kk) Information prohibited from disclosure under the
    Seizure and Forfeiture Reporting Act.
        (ll) Information the disclosure of which is restricted
    and exempted under Section 5-30.8 of the Illinois Public
    Aid Code.
        (mm) Records that are exempt from disclosure under
    Section 4.2 of the Crime Victims Compensation Act.
        (nn) Information that is exempt from disclosure under
    Section 70 of the Higher Education Student Assistance Act.
        (oo) Communications, notes, records, and reports
    arising out of a peer support counseling session
    prohibited from disclosure under the First Responders
    Suicide Prevention Act.
        (pp) Names and all identifying information relating to
    an employee of an emergency services provider or law
    enforcement agency under the First Responders Suicide
    Prevention Act.
        (qq) Information and records held by the Department of
    Public Health and its authorized representatives collected
    under the Reproductive Health Act.
        (rr) Information that is exempt from disclosure under
    the Cannabis Regulation and Tax Act.
        (ss) Data reported by an employer to the Department of
    Human Rights pursuant to Section 2-108 of the Illinois
    Human Rights Act.
        (tt) Recordings made under the Children's Advocacy
    Center Act, except to the extent authorized under that
    Act.
        (uu) Information that is exempt from disclosure under
    Section 50 of the Sexual Assault Evidence Submission Act.
        (vv) Information that is exempt from disclosure under
    subsections (f) and (j) of Section 5-36 of the Illinois
    Public Aid Code.
        (ww) Information that is exempt from disclosure under
    Section 16.8 of the State Treasurer Act.
        (xx) Information that is exempt from disclosure or
    information that shall not be made public under the
    Illinois Insurance Code.
        (yy) Information prohibited from being disclosed under
    the Illinois Educational Labor Relations Act.
        (zz) Information prohibited from being disclosed under
    the Illinois Public Labor Relations Act.
        (aaa) Information prohibited from being disclosed
    under Section 1-167 of the Illinois Pension Code.
        (bbb) Information that is prohibited from disclosure
    by the Illinois Police Training Act and the Illinois State
    Police Act.
        (ccc) Records exempt from disclosure under Section
    2605-304 of the Illinois State Police Law of the Civil
    Administrative Code of Illinois.
        (ddd) Information prohibited from being disclosed
    under Section 35 of the Address Confidentiality for
    Victims of Domestic Violence, Sexual Assault, Human
    Trafficking, or Stalking Act.
        (eee) Information prohibited from being disclosed
    under subsection (b) of Section 75 of the Domestic
    Violence Fatality Review Act.
        (fff) Images from cameras under the Expressway Camera
    Act. This subsection (fff) is inoperative on and after
    July 1, 2025.
        (ggg) Information prohibited from disclosure under
    paragraph (3) of subsection (a) of Section 14 of the Nurse
    Agency Licensing Act.
        (hhh) Information submitted to the Illinois State
    Police in an affidavit or application for an assault
    weapon endorsement, assault weapon attachment endorsement,
    .50 caliber rifle endorsement, or .50 caliber cartridge
    endorsement under the Firearm Owners Identification Card
    Act.
        (iii) Data exempt from disclosure under Section 50 of
    the School Safety Drill Act.
        (jjj) (hhh) Information exempt from disclosure under
    Section 30 of the Insurance Data Security Law.
        (kkk) (iii) Confidential business information
    prohibited from disclosure under Section 45 of the Paint
    Stewardship Act.
        (lll) (iii) Data exempt from disclosure under Section
    2-3.196 of the School Code.
        (mmm) (iii) Information prohibited from being
    disclosed under subsection (e) of Section 1-129 of the
    Illinois Power Agency Act.
        (nnn) Information that is exempt from disclosure under
    Section 28-11 of the Lawful Health Care Activity Act.
(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
103-580, eff. 12-8-23; revised 1-2-24.)
 
    Section 10. The Illinois Public Aid Code is amended by
changing Section 11-15 as follows:
 
    (305 ILCS 5/11-15)  (from Ch. 23, par. 11-15)
    Sec. 11-15. Application requirements.
    (1) An application for financial aid shall be filed in
writing by the person requesting aid and, in the case of a
request for family aid, by the head of that family, except as
otherwise permitted in paragraph (2). Applications for aid
under Articles III, IV, and V shall be filed in writing with
any local office of the Department of Human Services in the
manner prescribed by the Department. Applications for aid
under Article VI shall be filed in writing with the local
governmental unit upon forms approved by the Department.
    Each applicant shall provide information as to the amount
of property, real and personal, owned by him or her within the
period of time preceding the application as required under
Sections 3-1.3, 4-1.11, and 5-2.1 of this Code. The applicant
shall also furnish information concerning all income, money
contributions, and other support from any source, and the
beneficiary and the amount or cash surrender or loan value of
all insurance policies held by himself or herself or any
member of his family for whom aid is requested.
    (2) An application, in all instances to be in writing, may
be filed in behalf of a person considered to be in need of
financial aid under Articles III, IV, V, or VI only if the
person
        (a) has been adjudged to be under legal disability; or
        (b) is unable because of minority or physical or
    mental disability, to execute the application; or
        (c) in the case of need for funeral and burial, died
    before an application was filed and the application is
    filed not more than 30 days after the person's death,
    excluding the day on which the death occurred.
    Applications in behalf of persons specified in (a) and (b)
shall be filed by the applicant's legal guardian or, if a
guardian has not been appointed or the applicant has no legal
guardian or the guardian is not available, by a relative or
other person, acceptable under the rules of the Illinois
Department, who is able to furnish the required information.
Applications in behalf of persons specified in (c) shall be
filed by any next of kin of the deceased who is not under legal
disability or, if there are no such next of kin or they are
unknown or unavailable, by a person, acceptable under the
rules of the Illinois Department, who is able to furnish the
required information.
    Notwithstanding any other provision of this paragraph (2),
a minor may sign and file an application on the minor's own
behalf if the application is for the Article V family planning
program established under Section 5-5 by Public Act 102-665.
    (3) The application shall contain a written declaration to
be signed by the applicant, or in behalf of the applicant by a
person qualified under paragraph (2), in substantially the
following form, the parenthetical references being applicable
to an application filed by a person in behalf of the applicant:
    "I declare under penalties of perjury that I have examined
this form and all accompanying statements or documents
pertaining to the income and resources of myself (the
applicant) or any member of my family (the applicant's family)
included in this application for aid, or pertaining to any
other matter having bearing upon my (the applicant's)
eligibility for aid, and to the best of my knowledge and belief
the information supplied is true, correct, and complete".
    (4) If an application for financial aid is filed for a
family, and any person in that family is under 18 years of age,
the application shall be accompanied by the following for each
such person under 18 years of age:
        (i) a copy of the person's birth certificate, or
        (ii) other reliable proof, as determined by the
    Department, of the person's identity and age.
    The Illinois Department shall provide information to all
families, orally by an intake worker and in writing when the
application is filed, about the availability and location of
immunization services.
    (5) Once an applicant is determined eligible for aid, he
or she has the right to request to have the case transferred to
another local office of the Department of Human Services for
his or her convenience based on one of the following factors:
the location of his or her employer; the location of his or her
child care provider; access to reliable transportation; or the
location of a social service provider that he or she sees on a
regular basis. Within 5 business days after the request for
transfer, the Department shall transfer the case, assign a
caseworker, make appropriate entries in the computer system,
and issue a written notice to the recipient that includes the
name of and contact information for the caseworker. The
location of the recipient's case may be reconsidered on the
recipient's request or at the time of redetermination of
eligibility.
(Source: P.A. 96-867, eff. 1-1-11.)
 
    Section 15. The Lawful Health Care Activity Act is amended
by changing Section 28-10 and by adding Sections 28-11, 28-12,
28-13, and 28-14 as follows:
 
    (735 ILCS 40/28-10)
    Sec. 28-10. Definitions. As used in this Act:
    "Lawful health care" means:
        (1) reproductive health care that is not unlawful
    under the laws of this State, including on any theory of
    vicarious, joint, several, or conspiracy liability; or
        (2) the treatment of gender dysphoria or the
    affirmation of an individual's gender identity or gender
    expression, including, but not limited to, all supplies,
    care, and services of a medical, behavioral health, mental
    health, surgical, psychiatric, therapeutic, diagnostic,
    preventative, rehabilitative, or supportive nature that is
    not unlawful under the laws of this State, including on
    any theory of vicarious, joint, several, or conspiracy
    liability.
    "Lawful health care activity" means seeking, providing,
receiving, assisting in seeking, providing, or receiving,
providing material support for, or traveling to obtain lawful
health care.
    "Health records related to lawful health care" means
records that identify a person who has sought or received
lawful healthcare, including, but not limited to, information
regarding an individual's medical history, mental or physical
condition, or medical treatment or diagnosis by a healthcare
professional, and insurance and billing records for medical
care.
    "Location information related to lawful health care" means
precise location information that could be reasonably used to
identify a person's attempt to acquire or receive lawful
health care, including, but not limited to, records of the
location of a person's license plate, records of the location
of a cell phone or other device that tracks location, or
records of observations of a person's location when the
location is near a provider of lawful health care.
    "Reproductive health care" shall have the same meaning as
Section 1-10 of the Reproductive Health Act.
    "State" has the meaning given in Section 1-10 of the
Reproductive Health Act.
(Source: P.A. 102-1117, eff. 1-13-23.)
 
    (735 ILCS 40/28-11 new)
    Sec. 28-11. Prohibited State actions.
    (a) Unless otherwise necessary to comply with Illinois or
federal law, the State shall not provide any information or
expend or use any time, money, facilities, property,
equipment, personnel, or other resources to assist any
individual, or out-of-state officer, official, agency, entity,
or department seeking to impose civil or criminal liability
upon a person or entity for lawful healthcare activity.
    (b) Location information related to lawful health care and
health records related to lawful health care are confidential
and exempt from disclosure under the Freedom of Information
Act.
    (c) This Section does not apply if an individual or
out-of-state officer, official, agency, entity, or department
is investigating conduct that would be subject to civil or
criminal liability under the laws of Illinois.
 
    (735 ILCS 40/28-12 new)
    Sec. 28-12. Cause of action.
    (a) Any party aggrieved by conduct or regulation in
violation of Section 28-11 of this Act may bring a civil action
in a federal district court or State circuit court against the
offending unit of government. Any State claim brought in
federal district court shall be a supplemental claim to a
federal claim. Any action brought under this Act shall be
commenced within 2 years after the cause of action was
discovered.
    (b) Upon motion, a court shall award reasonable attorney's
fees, court costs, and litigation expenses, including expert
witness fees and other litigation expenses, to a plaintiff who
is a prevailing party in any action brought under this Act. In
awarding reasonable attorney's fees, the court shall consider
the degree to which the relief obtained relates to the relief
sought.
 
    (735 ILCS 40/28-13 new)
    Sec. 28-13. Reservation of rights. Nothing in this Section
shall be construed to narrow, restrict, or otherwise limit in
any way any rights, protections, or causes of action with
respect to lawful health care, including, but not limited to,
any rights, protections, or causes of action set forth in the
Reproductive Health Act.
 
    (735 ILCS 40/28-14 new)
    Sec. 28-14. Home rule preemption. The regulation of lawful
health care activity is an exclusive power and function of the
State. A home rule unit may not regulate lawful health care
activity. This Section is a denial and limitation of home rule
powers and functions under subsection (h) of Section 6 of
Article VII of the Illinois Constitution.
 
    Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 08/07/2024