| ||||
Public Act 103-0786 | ||||
| ||||
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. |