SB0836 EngrossedLRB103 03291 CPF 48297 b SB0836 Engrossed LRB103 03291 CPF 48297 b SB0836 Engrossed LRB103 03291 CPF 48297 b 1 AN ACT concerning safety. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the Paint 5 Stewardship Act. 6 Section 5. Findings. The General Assembly finds that: 7 (1) Leftover architectural paints present significant 8 waste management issues for counties and municipalities and 9 create costly environmental, health, and safety risks if not 10 properly managed. 11 (2) Nationally, an estimated 10% of architectural paint 12 purchased by consumers is leftover. Current governmental 13 programs collect only a fraction of the potential leftover 14 paint for proper reuse, recycling, or disposal. In northern 15 Illinois, there are only 4 permanent household hazardous waste 16 facilities, and these facilities do not typically accept latex 17 paint, which is the most common paint purchased by consumers. 18 (3) It is in the best interest of this State for paint 19 manufacturers to assume responsibility for the development and 20 implementation of a cost-effective paint stewardship program 21 that will educate consumers on strategies to reduce the 22 generation of leftover paint; provide opportunities to reuse 23 leftover paint; and collect, transport, and process leftover SB0836 Engrossed LRB103 03291 CPF 48297 b SB0836 Engrossed- 2 -LRB103 03291 CPF 48297 b SB0836 Engrossed - 2 - LRB103 03291 CPF 48297 b SB0836 Engrossed - 2 - LRB103 03291 CPF 48297 b 1 paint for end-of-life management, including reuse, recycling, 2 and disposal. Requiring paint manufacturers to assume 3 responsibility for the collection, recycling, reuse, 4 transportation, and disposal of leftover paint will provide 5 more opportunities for consumers to properly manage their 6 leftover paint, provide fiscal relief for this State and local 7 governments in managing leftover paint, keep paint out of the 8 waste stream, and conserve natural resources. 9 (4) Similar architectural paint stewardship programs 10 currently operate in 11 jurisdictions and successfully divert 11 a significant portion of the collected paint waste from 12 landfills. These paint stewardship programs are saving 13 counties and municipalities the cost of managing paint waste 14 and have been successful at recycling leftover paint into 15 recycled paint products as well as other products. For 16 instance, in the State of Oregon, 64% of the latex paint 17 collected in the 2019-2020 fiscal year was recycled into paint 18 products, and in Minnesota, 48% of the latex paint collected 19 during the same period was reused or recycled into paint 20 products. Given the lack of access to architectural paint 21 collection programs in Illinois, especially for leftover latex 22 architectural paint, and the demonstrated ability of the paint 23 industry to collect and recycle a substantial portion of 24 leftover architectural paint, this legislation is necessary. 25 It will create a statewide program that diverts a significant 26 portion of paint waste from landfills and facilitates the SB0836 Engrossed - 2 - LRB103 03291 CPF 48297 b SB0836 Engrossed- 3 -LRB103 03291 CPF 48297 b SB0836 Engrossed - 3 - LRB103 03291 CPF 48297 b SB0836 Engrossed - 3 - LRB103 03291 CPF 48297 b 1 recycling of leftover paint into paint and other products. 2 (5) Establishing a paint stewardship program in Illinois 3 will create jobs as the marketplace adjusts to the needs of a 4 robust program that requires transporters and processors. 5 Certain infrastructure already exists in the State, and the 6 program may attract additional resources. 7 (6) Legislation is needed to establish this program in 8 part because of the risk of antitrust lawsuits. The program 9 involves activities by competitors in the paint industry and 10 may affect the costs or prices of those competitors. As 11 construed by the courts, the antitrust laws impose severe 12 constraints on concerted action by competitors that affect 13 costs or prices. Absent State legislation, participation in 14 this program would entail an unacceptable risk of class action 15 lawsuits. These risks can be mitigated by legislation that 16 would bar application of federal antitrust law under the 17 "state action" doctrine. Under that doctrine, federal 18 antitrust law does not apply to conduct that is (1) undertaken 19 pursuant to a clearly expressed and affirmatively articulated 20 state policy to displace or limit competition and (2) actively 21 supervised by the state. 22 (7) To ensure that this defense will be available to 23 protect participants in the program, it is important for this 24 State's legislation to be specific about the conduct it is 25 authorizing and to express clearly that the State is 26 authorizing that conduct pursuant to a conscious policy SB0836 Engrossed - 3 - LRB103 03291 CPF 48297 b SB0836 Engrossed- 4 -LRB103 03291 CPF 48297 b SB0836 Engrossed - 4 - LRB103 03291 CPF 48297 b SB0836 Engrossed - 4 - LRB103 03291 CPF 48297 b 1 decision to limit the unfettered operation of market forces. 2 It is also critical for the legislation to provide for active 3 supervision of the conduct that might otherwise be subject to 4 antitrust attack. In particular, the legislation must provide 5 for active supervision of the decisions concerning the 6 assessments that will fund the program. A clear articulation 7 of the State's purposes and policies and provisions for active 8 State supervision of the program will ensure that industry 9 participation in the program will not trigger litigation. 10 (8) To ensure that the costs of the program are 11 distributed in an equitable and competitively neutral manner, 12 the program will be funded through an assessment on each 13 container of paint sold in this State. That assessment will be 14 sufficient to recover, but not exceed, the costs of sustaining 15 the program and will be reviewed and approved by the 16 Environmental Protection Agency. Funds collected through the 17 assessment will be used by the representative organization to 18 operate and sustain the program. 19 Section 10. Definitions. In this Act: 20 "Agency" means the Environmental Protection Agency. 21 "Architectural paint" means interior and exterior 22 architectural coatings sold in containers of 5 gallons or 23 less. "Architectural paint" does not include industrial 24 original equipment or specialty coatings. 25 "Collection site" means any location, place, tract of SB0836 Engrossed - 4 - LRB103 03291 CPF 48297 b SB0836 Engrossed- 5 -LRB103 03291 CPF 48297 b SB0836 Engrossed - 5 - LRB103 03291 CPF 48297 b SB0836 Engrossed - 5 - LRB103 03291 CPF 48297 b 1 land, or facility or improvement at which architectural paint 2 is accepted into a postconsumer paint collection program 3 pursuant to a postconsumer paint collection program plan. 4 "Environmentally sound management practices" means 5 procedures for the collection, storage, transportation, reuse, 6 recycling, and disposal of architectural paint in a manner 7 that complies with all applicable federal, State, and local 8 laws and any rules, regulations, and ordinances for the 9 protection of human health and the environment. These 10 procedures shall address adequate recordkeeping, tracking and 11 documenting of the final disposition of materials, and 12 environmental liability coverage for the representative 13 organization. 14 "Household waste" has the meaning given to that term in 15 Section 3.230 of the Environmental Protection Act. 16 "Manufacturer" means a manufacturer of architectural paint 17 who sells, offers for sale, or distributes the architectural 18 paint in the State under the manufacturer's own name or brand 19 or another brand. "Manufacturer" does not include a retailer 20 that trademarks or owns a brand of architectural paint that is 21 sold, offered for sale, or distributed within or into this 22 State and that is manufactured by a person other than a 23 retailer. 24 "Person" has the meaning given to that term in Section 25 3.315 of the Environmental Protection Act. 26 "Postconsumer paint" means architectural paint not used SB0836 Engrossed - 5 - LRB103 03291 CPF 48297 b SB0836 Engrossed- 6 -LRB103 03291 CPF 48297 b SB0836 Engrossed - 6 - LRB103 03291 CPF 48297 b SB0836 Engrossed - 6 - LRB103 03291 CPF 48297 b 1 and no longer wanted by a purchaser. 2 "Program" means the postconsumer paint stewardship program 3 established pursuant to Section 15. 4 "Recycling" has the meaning given to that term in Section 5 3.380 of the Environmental Protection Act. 6 "Representative organization" means a nonprofit 7 organization established by one or more manufacturers to 8 implement a postconsumer paint stewardship program under this 9 Act. 10 "Retailer" means a person that sells or offers to sell at 11 retail in this State architectural paint. 12 "Very small quantity generator" has the meaning given to 13 that term in 40 CFR 260.10. 14 Section 15. Paint stewardship program plan. 15 (a) Each manufacturer of architectural paint sold or 16 offered for sale at retail in the State shall submit to the 17 Agency a plan for the establishment of a postconsumer paint 18 stewardship program. The program shall seek to reduce the 19 generation of postconsumer paint, promote its reuse and 20 recycling, and manage the postconsumer paint waste stream 21 using environmentally sound management practices. 22 (b) A plan submitted under this Section shall: 23 (1) Provide a list of participating manufacturers and 24 brands covered by the program. 25 (2) Provide information on the architectural paint SB0836 Engrossed - 6 - LRB103 03291 CPF 48297 b SB0836 Engrossed- 7 -LRB103 03291 CPF 48297 b SB0836 Engrossed - 7 - LRB103 03291 CPF 48297 b SB0836 Engrossed - 7 - LRB103 03291 CPF 48297 b 1 products covered under the program, such as interior or 2 exterior water-based and oil-based coatings, primers, 3 sealers, or wood coatings. 4 (3) Describe how it will provide for the statewide 5 collection of postconsumer architectural paint in the 6 State. The manufacturer or representative organization may 7 coordinate the program with existing household hazardous 8 waste collection infrastructure as is mutually agreeable 9 with the person operating the household waste collection 10 infrastructure. 11 (4) Provide a goal of sufficient number and geographic 12 distribution of collection sites, collection services, or 13 collection events for postconsumer architectural paint to 14 meet the following criteria: 15 (A) at least 90% of State residents shall have a 16 collection site, collection service, or collection 17 event within a 15-mile radius; and 18 (B) at least one collection site, collection 19 service, or collection event for every 50,000 20 residents of the State. 21 (5) Describe how postconsumer paint will be managed 22 using the following strategies: reuse, recycling, and 23 disposal. 24 (6) Describe education and outreach efforts to inform 25 consumers about the program. These efforts should include: 26 (A) information about collection opportunities for SB0836 Engrossed - 7 - LRB103 03291 CPF 48297 b SB0836 Engrossed- 8 -LRB103 03291 CPF 48297 b SB0836 Engrossed - 8 - LRB103 03291 CPF 48297 b SB0836 Engrossed - 8 - LRB103 03291 CPF 48297 b 1 postconsumer paint; 2 (B) information about the fee for the operation of 3 the program that shall be included in the purchase 4 price of all architectural paint sold in the State; 5 and 6 (C) efforts to promote the source reduction, 7 reuse, and recycling of architectural paint. 8 (7) Include a certification from an independent 9 auditor that any added fee to paint sold in the State as a 10 result of the postconsumer paint stewardship program does 11 not exceed the costs to operate and sustain the program in 12 accordance with sound management practices. The 13 independent auditor shall verify that the amount added to 14 each unit of paint will cover the costs and sustain the 15 postconsumer paint stewardship program. 16 (8) Describe how the paint stewardship program will 17 incorporate and compensate service providers for 18 activities conducted under the program that may include: 19 (A) the collection of postconsumer architectural 20 paint and architectural paint containers through 21 permanent collection sites, collection events, or 22 curbside services; 23 (B) the reuse or processing of postconsumer 24 architectural paint at a permanent collection site; 25 and 26 (C) the transportation, recycling, and proper SB0836 Engrossed - 8 - LRB103 03291 CPF 48297 b SB0836 Engrossed- 9 -LRB103 03291 CPF 48297 b SB0836 Engrossed - 9 - LRB103 03291 CPF 48297 b SB0836 Engrossed - 9 - LRB103 03291 CPF 48297 b 1 disposal of postconsumer architectural paint. 2 (c) Independent audits conducted for the purposes of this 3 Act must be conducted in accordance with generally accepted 4 auditing standards. The work product of the independent 5 auditor shall be submitted to the Agency as part of the annual 6 report required by Section 40. The cost of any work performed 7 by the independent auditor shall be funded by the program. 8 (d) Not later than 60 days after submission of the plan 9 under this Section, the Agency shall determine in writing 10 whether to approve the plan as submitted or disapprove the 11 plan. The Agency shall approve a plan if it contains all of the 12 information required under subsection (b). If the plan is 13 disapproved, the manufacturer or representative organization 14 shall resubmit a plan within 45 calendar days of receipt of the 15 notice of disapproval. 16 (e) If a manufacturer or representative organization 17 determines that the paint stewardship fee should be adjusted 18 because the independent audit reveals that the cost of 19 administering the program exceeds the revenues generated by 20 the paint stewardship fee, the manufacturer or representative 21 organization shall submit to the Agency a justification for 22 the adjustment as well as financial reports to support the 23 adjustment, including a 5-year projection of the financial 24 status of the organization. The submission shall include a 25 certification from an independent auditor that the proposed 26 fee adjustment will generate revenues necessary and sufficient SB0836 Engrossed - 9 - LRB103 03291 CPF 48297 b SB0836 Engrossed- 10 -LRB103 03291 CPF 48297 b SB0836 Engrossed - 10 - LRB103 03291 CPF 48297 b SB0836 Engrossed - 10 - LRB103 03291 CPF 48297 b 1 to pay the program expenses, including any accumulated debt, 2 and develop a reasonable reserve level sufficient to sustain 3 the program. The Agency shall approve the fee adjustment if 4 the submission contains all of the information required under 5 this subsection. 6 (f) Within 45 calendar days after Agency approval of a 7 plan, the Agency shall post on its website, and the 8 manufacturer or representative organization shall post on its 9 website, the names of the manufacturers participating in the 10 plan, the brands of architectural paint covered by the 11 program, and a copy of the plan. 12 (g) Each manufacturer under the plan shall include in the 13 price of any architectural paint sold to retailers or 14 distributors in the State the per container amount of the fee 15 set forth in the plan or fee adjustment. If a representative 16 organization is implementing the plan for a manufacturer, the 17 manufacturer is responsible for filing, reporting, and 18 remitting the paint stewardship fee assessment for each 19 container of architectural paint to the representative 20 organization. A retailer or distributor shall not deduct the 21 amount of the fee from the purchase price of any paint it 22 sells. 23 Section 20. Incineration prohibited. No person shall 24 incinerate architectural paint collected pursuant to a paint 25 stewardship plan approved in accordance with Section 15. SB0836 Engrossed - 10 - LRB103 03291 CPF 48297 b SB0836 Engrossed- 11 -LRB103 03291 CPF 48297 b SB0836 Engrossed - 11 - LRB103 03291 CPF 48297 b SB0836 Engrossed - 11 - LRB103 03291 CPF 48297 b 1 Section 25. Plan submission. The plan required by Section 2 15 shall be submitted not later than 12 months after the 3 effective date of this Act. 4 Section 30. Sale of paint. 5 (a) A manufacturer or retailer shall not sell or offer for 6 sale architectural paint to any person in the State unless the 7 manufacturer of the paint brand or the manufacturer's 8 representative organization is implementing a paint 9 stewardship plan approved in accordance with Section 15. 10 (b) A retailer shall not be in violation of subsection (a) 11 if, on the date the architectural paint was sold or offered for 12 sale, the paint or the paint's manufacturer are listed on the 13 Agency's website pursuant to subsection (f) of Section 15. 14 (c) A paint collection site accepting paint for a program 15 approved under this Act shall not charge for the collection of 16 the paint when it is offered for collection. 17 (d) No retailer is required to participate in a paint 18 stewardship program as a collection site. A retailer may 19 participate as a paint collection site on a voluntary basis, 20 subject to the same terms, conditions, and requirements that 21 apply to any other collection site. 22 (e) Nothing in this Act shall require a retailer to track, 23 file, report, submit, or remit a paint stewardship assessment, 24 sales data, or any other information on behalf of a SB0836 Engrossed - 11 - LRB103 03291 CPF 48297 b SB0836 Engrossed- 12 -LRB103 03291 CPF 48297 b SB0836 Engrossed - 12 - LRB103 03291 CPF 48297 b SB0836 Engrossed - 12 - LRB103 03291 CPF 48297 b 1 manufacturer, distributor, or representative organization. 2 Nothing in this Act prohibits a manufacturer and a retailer 3 from entering into remitter agreements. 4 Section 35. Liability. A manufacturer or representative 5 organization participating in a postconsumer paint stewardship 6 program shall not be liable for any claim of a violation of 7 antitrust, restraint of trade, unfair trade practice, or other 8 anticompetitive conduct arising from conduct undertaken in 9 accordance with the program. 10 Section 40. Annual report. By July 1, 2026, and each July 1 11 thereafter, a manufacturer or representative organization 12 shall submit a report to the Agency that details the 13 implementation of the manufacturer's or representative 14 organization's program during the prior calendar year. The 15 report shall include: 16 (1) a description of the methods used to collect and 17 transport the postconsumer paint collected by the program; 18 (2) the volume and type of postconsumer paint 19 collected and a description of the methods used to process 20 the paint, including reuse, recycling, and other methods; 21 (3) samples of the educational materials provided to 22 consumers of architectural paint; and 23 (4) the total cost of the program and an independent 24 financial audit of the program. An independent financial SB0836 Engrossed - 12 - LRB103 03291 CPF 48297 b SB0836 Engrossed- 13 -LRB103 03291 CPF 48297 b SB0836 Engrossed - 13 - LRB103 03291 CPF 48297 b SB0836 Engrossed - 13 - LRB103 03291 CPF 48297 b 1 auditor shall be chosen by the manufacturer or 2 representative organization. 3 The Agency and the manufacturer or manufacturer's 4 representative organization shall post a copy of each annual 5 report on their websites. 6 Section 45. Disclosure. Financial, production, or sales 7 data reported to the Agency by a manufacturer, retailer, or 8 representative organization is confidential business 9 information that is exempt from disclosure under the Freedom 10 of Information Act. 11 Section 50. Program plan submission fee. A manufacturer or 12 representative organization submitting a program plan shall 13 pay an administrative fee of $10,000 to the Agency at the time 14 of submission. 15 Section 55. Administration fee. By July 1, 2026, and each 16 July 1 thereafter, a manufacturer or representative 17 organization operating a stewardship program shall remit to 18 the Agency a $40,000 administration fee. 19 Section 60. Implementation. Six months following the date 20 of the program approval, a manufacturer or representative 21 organization shall implement a postconsumer paint collection 22 plan approved in accordance with Section 15. SB0836 Engrossed - 13 - LRB103 03291 CPF 48297 b SB0836 Engrossed- 14 -LRB103 03291 CPF 48297 b SB0836 Engrossed - 14 - LRB103 03291 CPF 48297 b SB0836 Engrossed - 14 - LRB103 03291 CPF 48297 b 1 Section 65. Postconsumer paint from households and small 2 businesses. 3 (a) Delivery of leftover architectural paint by households 4 and very small quantity generators to a collection site is 5 authorized to the extent provided in the postconsumer paint 6 program approved in accordance with Section 15 and in 7 accordance with federal and State law, rules, and regulations. 8 (b) Collection sites shall accept and temporarily store 9 architectural paint from households and very small quantity 10 generators to the extent provided in the postconsumer paint 11 stewardship program approved in accordance with Section 15 and 12 in accordance with federal and State law, rules, and 13 regulations. 14 (c) Nothing in this Act shall be construed as restricting 15 the collection of architectural paint by a postconsumer paint 16 stewardship program where the collection is authorized under 17 any otherwise applicable hazardous waste or solid waste laws, 18 rules, or regulations. 19 (d) Nothing in this Act shall be construed to affect any 20 requirements applicable to any person under any otherwise 21 applicable hazardous waste or solid waste laws, rules, or 22 regulations. 23 Section 70. Penalties. 24 (a) Any person who violates any provision of this Act is SB0836 Engrossed - 14 - LRB103 03291 CPF 48297 b SB0836 Engrossed- 15 -LRB103 03291 CPF 48297 b SB0836 Engrossed - 15 - LRB103 03291 CPF 48297 b SB0836 Engrossed - 15 - LRB103 03291 CPF 48297 b 1 liable for a civil penalty of $7,000 per violation, except 2 that the failure to register or pay a fee under this Act shall 3 cause the person who fails to register or pay the fee to be 4 liable for a civil penalty that is double the applicable 5 registration fee. 6 (b) The penalties provided for in this Section may be 7 recovered in a civil action brought in the name of the people 8 of the State of Illinois by the State's Attorney of the county 9 in which the violation occurred or by the Attorney General. 10 Any penalties collected under this Section in an action in 11 which the Attorney General has prevailed shall be deposited 12 into the Environmental Protection Trust Fund, to be used in 13 accordance with the provision of the Environmental Protection 14 Trust Fund Act. 15 (c) The Attorney General or the State's Attorney of a 16 county in which a violation occurs may institute a civil 17 action for an injunction, prohibitory or mandatory, to 18 restrain violations of this Act or to require such actions as 19 may be necessary to address violations of this Act. 20 (d) The penalties and injunctions provided in this Act are 21 in addition to any penalties, injunctions, or other relief 22 provided under any other State law. Nothing in this Act bars a 23 cause of action by the State for any other penalty, 24 injunction, or other relief provided by any other law. 25 (e) Any person who knowingly makes a false, fictitious, or 26 fraudulent material statement, orally or in writing, to the SB0836 Engrossed - 15 - LRB103 03291 CPF 48297 b SB0836 Engrossed- 16 -LRB103 03291 CPF 48297 b SB0836 Engrossed - 16 - LRB103 03291 CPF 48297 b SB0836 Engrossed - 16 - LRB103 03291 CPF 48297 b 1 Agency, related to or required by this Act or any rule adopted 2 under this Act commits a Class 4 felony, and each such 3 statement or writing shall be considered a separate Class 4 4 felony. A person who, after being convicted under this 5 subsection, violates this subsection a second or subsequent 6 time commits a Class 3 felony. 7 Section 905. The Freedom of Information Act is amended by 8 changing Section 7.5 as follows: 9 (5 ILCS 140/7.5) 10 Sec. 7.5. Statutory exemptions. To the extent provided for 11 by the statutes referenced below, the following shall be 12 exempt from inspection and copying: 13 (a) All information determined to be confidential 14 under Section 4002 of the Technology Advancement and 15 Development Act. 16 (b) Library circulation and order records identifying 17 library users with specific materials under the Library 18 Records Confidentiality Act. 19 (c) Applications, related documents, and medical 20 records received by the Experimental Organ Transplantation 21 Procedures Board and any and all documents or other 22 records prepared by the Experimental Organ Transplantation 23 Procedures Board or its staff relating to applications it 24 has received. SB0836 Engrossed - 16 - LRB103 03291 CPF 48297 b SB0836 Engrossed- 17 -LRB103 03291 CPF 48297 b SB0836 Engrossed - 17 - LRB103 03291 CPF 48297 b SB0836 Engrossed - 17 - LRB103 03291 CPF 48297 b 1 (d) Information and records held by the Department of 2 Public Health and its authorized representatives relating 3 to known or suspected cases of sexually transmissible 4 disease or any information the disclosure of which is 5 restricted under the Illinois Sexually Transmissible 6 Disease Control Act. 7 (e) Information the disclosure of which is exempted 8 under Section 30 of the Radon Industry Licensing Act. 9 (f) Firm performance evaluations under Section 55 of 10 the Architectural, Engineering, and Land Surveying 11 Qualifications Based Selection Act. 12 (g) Information the disclosure of which is restricted 13 and exempted under Section 50 of the Illinois Prepaid 14 Tuition Act. 15 (h) Information the disclosure of which is exempted 16 under the State Officials and Employees Ethics Act, and 17 records of any lawfully created State or local inspector 18 general's office that would be exempt if created or 19 obtained by an Executive Inspector General's office under 20 that Act. 21 (i) Information contained in a local emergency energy 22 plan submitted to a municipality in accordance with a 23 local emergency energy plan ordinance that is adopted 24 under Section 11-21.5-5 of the Illinois Municipal Code. 25 (j) Information and data concerning the distribution 26 of surcharge moneys collected and remitted by carriers SB0836 Engrossed - 17 - LRB103 03291 CPF 48297 b SB0836 Engrossed- 18 -LRB103 03291 CPF 48297 b SB0836 Engrossed - 18 - LRB103 03291 CPF 48297 b SB0836 Engrossed - 18 - LRB103 03291 CPF 48297 b 1 under the Emergency Telephone System Act. 2 (k) Law enforcement officer identification information 3 or driver identification information compiled by a law 4 enforcement agency or the Department of Transportation 5 under Section 11-212 of the Illinois Vehicle Code. 6 (l) Records and information provided to a residential 7 health care facility resident sexual assault and death 8 review team or the Executive Council under the Abuse 9 Prevention Review Team Act. 10 (m) Information provided to the predatory lending 11 database created pursuant to Article 3 of the Residential 12 Real Property Disclosure Act, except to the extent 13 authorized under that Article. 14 (n) Defense budgets and petitions for certification of 15 compensation and expenses for court appointed trial 16 counsel as provided under Sections 10 and 15 of the 17 Capital Crimes Litigation Act. This subsection (n) shall 18 apply until the conclusion of the trial of the case, even 19 if the prosecution chooses not to pursue the death penalty 20 prior to trial or sentencing. 21 (o) Information that is prohibited from being 22 disclosed under Section 4 of the Illinois Health and 23 Hazardous Substances Registry Act. 24 (p) Security portions of system safety program plans, 25 investigation reports, surveys, schedules, lists, data, or 26 information compiled, collected, or prepared by or for the SB0836 Engrossed - 18 - LRB103 03291 CPF 48297 b SB0836 Engrossed- 19 -LRB103 03291 CPF 48297 b SB0836 Engrossed - 19 - LRB103 03291 CPF 48297 b SB0836 Engrossed - 19 - LRB103 03291 CPF 48297 b 1 Department of Transportation under Sections 2705-300 and 2 2705-616 of the Department of Transportation Law of the 3 Civil Administrative Code of Illinois, the Regional 4 Transportation Authority under Section 2.11 of the 5 Regional Transportation Authority Act, or the St. Clair 6 County Transit District under the Bi-State Transit Safety 7 Act. 8 (q) Information prohibited from being disclosed by the 9 Personnel Record Review Act. 10 (r) Information prohibited from being disclosed by the 11 Illinois School Student Records Act. 12 (s) Information the disclosure of which is restricted 13 under Section 5-108 of the Public Utilities Act. 14 (t) All identified or deidentified health information 15 in the form of health data or medical records contained 16 in, stored in, submitted to, transferred by, or released 17 from the Illinois Health Information Exchange, and 18 identified or deidentified health information in the form 19 of health data and medical records of the Illinois Health 20 Information Exchange in the possession of the Illinois 21 Health Information Exchange Office due to its 22 administration of the Illinois Health Information 23 Exchange. The terms "identified" and "deidentified" shall 24 be given the same meaning as in the Health Insurance 25 Portability and Accountability Act of 1996, Public Law 26 104-191, or any subsequent amendments thereto, and any SB0836 Engrossed - 19 - LRB103 03291 CPF 48297 b SB0836 Engrossed- 20 -LRB103 03291 CPF 48297 b SB0836 Engrossed - 20 - LRB103 03291 CPF 48297 b SB0836 Engrossed - 20 - LRB103 03291 CPF 48297 b 1 regulations promulgated thereunder. 2 (u) Records and information provided to an independent 3 team of experts under the Developmental Disability and 4 Mental Health Safety Act (also known as Brian's Law). 5 (v) Names and information of people who have applied 6 for or received Firearm Owner's Identification Cards under 7 the Firearm Owners Identification Card Act or applied for 8 or received a concealed carry license under the Firearm 9 Concealed Carry Act, unless otherwise authorized by the 10 Firearm Concealed Carry Act; and databases under the 11 Firearm Concealed Carry Act, records of the Concealed 12 Carry Licensing Review Board under the Firearm Concealed 13 Carry Act, and law enforcement agency objections under the 14 Firearm Concealed Carry Act. 15 (v-5) Records of the Firearm Owner's Identification 16 Card Review Board that are exempted from disclosure under 17 Section 10 of the Firearm Owners Identification Card Act. 18 (w) Personally identifiable information which is 19 exempted from disclosure under subsection (g) of Section 20 19.1 of the Toll Highway Act. 21 (x) Information which is exempted from disclosure 22 under Section 5-1014.3 of the Counties Code or Section 23 8-11-21 of the Illinois Municipal Code. 24 (y) Confidential information under the Adult 25 Protective Services Act and its predecessor enabling 26 statute, the Elder Abuse and Neglect Act, including SB0836 Engrossed - 20 - LRB103 03291 CPF 48297 b SB0836 Engrossed- 21 -LRB103 03291 CPF 48297 b SB0836 Engrossed - 21 - LRB103 03291 CPF 48297 b SB0836 Engrossed - 21 - LRB103 03291 CPF 48297 b 1 information about the identity and administrative finding 2 against any caregiver of a verified and substantiated 3 decision of abuse, neglect, or financial exploitation of 4 an eligible adult maintained in the Registry established 5 under Section 7.5 of the Adult Protective Services Act. 6 (z) Records and information provided to a fatality 7 review team or the Illinois Fatality Review Team Advisory 8 Council under Section 15 of the Adult Protective Services 9 Act. 10 (aa) Information which is exempted from disclosure 11 under Section 2.37 of the Wildlife Code. 12 (bb) Information which is or was prohibited from 13 disclosure by the Juvenile Court Act of 1987. 14 (cc) Recordings made under the Law Enforcement 15 Officer-Worn Body Camera Act, except to the extent 16 authorized under that Act. 17 (dd) Information that is prohibited from being 18 disclosed under Section 45 of the Condominium and Common 19 Interest Community Ombudsperson Act. 20 (ee) Information that is exempted from disclosure 21 under Section 30.1 of the Pharmacy Practice Act. 22 (ff) Information that is exempted from disclosure 23 under the Revised Uniform Unclaimed Property Act. 24 (gg) Information that is prohibited from being 25 disclosed under Section 7-603.5 of the Illinois Vehicle 26 Code. SB0836 Engrossed - 21 - LRB103 03291 CPF 48297 b SB0836 Engrossed- 22 -LRB103 03291 CPF 48297 b SB0836 Engrossed - 22 - LRB103 03291 CPF 48297 b SB0836 Engrossed - 22 - LRB103 03291 CPF 48297 b 1 (hh) Records that are exempt from disclosure under 2 Section 1A-16.7 of the Election Code. 3 (ii) Information which is exempted from disclosure 4 under Section 2505-800 of the Department of Revenue Law of 5 the Civil Administrative Code of Illinois. 6 (jj) Information and reports that are required to be 7 submitted to the Department of Labor by registering day 8 and temporary labor service agencies but are exempt from 9 disclosure under subsection (a-1) of Section 45 of the Day 10 and Temporary Labor Services Act. 11 (kk) Information prohibited from disclosure under the 12 Seizure and Forfeiture Reporting Act. 13 (ll) Information the disclosure of which is restricted 14 and exempted under Section 5-30.8 of the Illinois Public 15 Aid Code. 16 (mm) Records that are exempt from disclosure under 17 Section 4.2 of the Crime Victims Compensation Act. 18 (nn) Information that is exempt from disclosure under 19 Section 70 of the Higher Education Student Assistance Act. 20 (oo) Communications, notes, records, and reports 21 arising out of a peer support counseling session 22 prohibited from disclosure under the First Responders 23 Suicide Prevention Act. 24 (pp) Names and all identifying information relating to 25 an employee of an emergency services provider or law 26 enforcement agency under the First Responders Suicide SB0836 Engrossed - 22 - LRB103 03291 CPF 48297 b SB0836 Engrossed- 23 -LRB103 03291 CPF 48297 b SB0836 Engrossed - 23 - LRB103 03291 CPF 48297 b SB0836 Engrossed - 23 - LRB103 03291 CPF 48297 b 1 Prevention Act. 2 (qq) Information and records held by the Department of 3 Public Health and its authorized representatives collected 4 under the Reproductive Health Act. 5 (rr) Information that is exempt from disclosure under 6 the Cannabis Regulation and Tax Act. 7 (ss) Data reported by an employer to the Department of 8 Human Rights pursuant to Section 2-108 of the Illinois 9 Human Rights Act. 10 (tt) Recordings made under the Children's Advocacy 11 Center Act, except to the extent authorized under that 12 Act. 13 (uu) Information that is exempt from disclosure under 14 Section 50 of the Sexual Assault Evidence Submission Act. 15 (vv) Information that is exempt from disclosure under 16 subsections (f) and (j) of Section 5-36 of the Illinois 17 Public Aid Code. 18 (ww) Information that is exempt from disclosure under 19 Section 16.8 of the State Treasurer Act. 20 (xx) Information that is exempt from disclosure or 21 information that shall not be made public under the 22 Illinois Insurance Code. 23 (yy) Information prohibited from being disclosed under 24 the Illinois Educational Labor Relations Act. 25 (zz) Information prohibited from being disclosed under 26 the Illinois Public Labor Relations Act. SB0836 Engrossed - 23 - LRB103 03291 CPF 48297 b SB0836 Engrossed- 24 -LRB103 03291 CPF 48297 b SB0836 Engrossed - 24 - LRB103 03291 CPF 48297 b SB0836 Engrossed - 24 - LRB103 03291 CPF 48297 b 1 (aaa) Information prohibited from being disclosed 2 under Section 1-167 of the Illinois Pension Code. 3 (bbb) Information that is prohibited from disclosure 4 by the Illinois Police Training Act and the Illinois State 5 Police Act. 6 (ccc) Records exempt from disclosure under Section 7 2605-304 of the Illinois State Police Law of the Civil 8 Administrative Code of Illinois. 9 (ddd) Information prohibited from being disclosed 10 under Section 35 of the Address Confidentiality for 11 Victims of Domestic Violence, Sexual Assault, Human 12 Trafficking, or Stalking Act. 13 (eee) Information prohibited from being disclosed 14 under subsection (b) of Section 75 of the Domestic 15 Violence Fatality Review Act. 16 (fff) Images from cameras under the Expressway Camera 17 Act. This subsection (fff) is inoperative on and after 18 July 1, 2023. 19 (ggg) Information prohibited from disclosure under 20 paragraph (3) of subsection (a) of Section 14 of the Nurse 21 Agency Licensing Act. 22 (hhh) Information submitted to the Illinois Department 23 of State Police in an affidavit or application for an 24 assault weapon endorsement, assault weapon attachment 25 endorsement, .50 caliber rifle endorsement, or .50 caliber 26 cartridge endorsement under the Firearm Owners SB0836 Engrossed - 24 - LRB103 03291 CPF 48297 b SB0836 Engrossed- 25 -LRB103 03291 CPF 48297 b SB0836 Engrossed - 25 - LRB103 03291 CPF 48297 b SB0836 Engrossed - 25 - LRB103 03291 CPF 48297 b SB0836 Engrossed - 25 - LRB103 03291 CPF 48297 b