Illinois 2023 2023-2024 Regular Session

Illinois Senate Bill SB0836 Engrossed / Bill

Filed 03/30/2023

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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

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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.

 

 

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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

 

 

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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

 

 

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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.

 

 

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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

 

 

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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

 

 

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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.

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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.

 

 

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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

 

 

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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.

 

 

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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

 

 

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