Illinois General Assembly - Full Text of SB0836
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Full Text of SB0836  103rd General Assembly


Sen. Linda Holmes

Filed: 3/28/2023





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2    AMENDMENT NO. ______. Amend Senate Bill 836 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the Paint
5Stewardship Act.
6    Section 5. Findings. The General Assembly finds that:
7    (1) Leftover architectural paints present significant
8waste management issues for counties and municipalities and
9create costly environmental, health, and safety risks if not
10properly managed.
11    (2) Nationally, an estimated 10% of architectural paint
12purchased by consumers is leftover. Current governmental
13programs collect only a fraction of the potential leftover
14paint for proper reuse, recycling, or disposal. In northern
15Illinois, there are only 4 permanent household hazardous waste
16facilities, and these facilities do not typically accept latex



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1paint, which is the most common paint purchased by consumers.
2    (3) It is in the best interest of this State for paint
3manufacturers to assume responsibility for the development and
4implementation of a cost-effective paint stewardship program
5that will educate consumers on strategies to reduce the
6generation of leftover paint; provide opportunities to reuse
7leftover paint; and collect, transport, and process leftover
8paint for end-of-life management, including reuse, recycling,
9energy recovery, and disposal. Requiring paint manufacturers
10to assume responsibility for the collection, recycling, reuse,
11transportation, and disposal of leftover paint will provide
12more opportunities for consumers to properly manage their
13leftover paint, provide fiscal relief for this State and local
14governments in managing leftover paint, keep paint out of the
15waste stream, and conserve natural resources.
16    (4) Similar architectural paint stewardship programs
17currently operate in 11 jurisdictions and successfully divert
18a significant portion of the collected paint waste from
19landfills. These paint stewardship programs are saving
20counties and municipalities the cost of managing paint waste
21and have been successful at recycling leftover paint into
22recycled paint products as well as other products. For
23instance, in the State of Oregon, 64% of the latex paint
24collected in the 2019-2020 fiscal year was recycled into paint
25products, and in Minnesota, 48% of the latex paint collected
26during the same period was reused or recycled into paint



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1products. Given the lack of access to architectural paint
2collection programs in Illinois, especially for leftover latex
3architectural paint, and the demonstrated ability of the paint
4industry to collect and recycle a substantial portion of
5leftover architectural paint, this legislation is necessary.
6It will create a statewide program that diverts a significant
7portion of paint waste from landfills and facilitates the
8recycling of leftover paint into paint and other products.
9    (5) Establishing a paint stewardship program in Illinois
10will create jobs as the marketplace adjusts to the needs of a
11robust program that requires transporters and processors.
12Certain infrastructure already exists in the State, and the
13program may attract additional resources.
14    (6) Legislation is needed to establish this program in
15part because of the risk of antitrust lawsuits. The program
16involves activities by competitors in the paint industry and
17may affect the costs or prices of those competitors. As
18construed by the courts, the antitrust laws impose severe
19constraints on concerted action by competitors that affect
20costs or prices. Absent State legislation, participation in
21this program would entail an unacceptable risk of class action
22lawsuits. These risks can be mitigated by legislation that
23would bar application of federal antitrust law under the
24"state action" doctrine. Under that doctrine, federal
25antitrust law does not apply to conduct that is (1) undertaken
26pursuant to a clearly expressed and affirmatively articulated



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1state policy to displace or limit competition and (2) actively
2supervised by the state.
3    (7) To ensure that this defense will be available to
4protect participants in the program, it is important for this
5State's legislation to be specific about the conduct it is
6authorizing and to express clearly that the State is
7authorizing that conduct pursuant to a conscious policy
8decision to limit the unfettered operation of market forces.
9It is also critical for the legislation to provide for active
10supervision of the conduct that might otherwise be subject to
11antitrust attack. In particular, the legislation must provide
12for active supervision of the decisions concerning the
13assessments that will fund the program. A clear articulation
14of the State's purposes and policies and provisions for active
15State supervision of the program will ensure that industry
16participation in the program will not trigger litigation.
17    (8) To ensure that the costs of the program are
18distributed in an equitable and competitively neutral manner,
19the program will be funded through an assessment on each
20container of paint sold in this State. That assessment will be
21sufficient to recover, but not exceed, the costs of sustaining
22the program and will be reviewed and approved by the
23Environmental Protection Agency. Funds collected through the
24assessment will be used by the representative organization to
25operate and sustain the program.



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1    Section 10. Definitions. In this Act:
2    "Agency" means the Environmental Protection Agency.
3    "Architectural paint" means interior and exterior
4architectural coatings sold in containers of 5 gallons or
5less. "Architectural paint" does not include industrial
6original equipment or specialty coatings.
7    "Collection site" means any location, place, tract of
8land, or facility or improvement at which architectural paint
9is accepted into a postconsumer paint collection program
10pursuant to a postconsumer paint collection program plan.
11    "Environmentally sound management practices" means
12procedures for the collection, storage, transportation, reuse,
13recycling, and disposal of architectural paint in a manner
14that complies with all applicable federal, State, and local
15laws and any rules, regulations, and ordinances for the
16protection of human health and the environment. These
17procedures shall address adequate recordkeeping, tracking and
18documenting of the final disposition of materials, and
19environmental liability coverage for the representative
21    "Household waste" has the meaning given to that term in
22Section 3.230 of the Environmental Protection Act.
23    "Manufacturer" means a manufacturer of architectural paint
24who sells, offers for sale, or distributes the architectural
25paint in the State under the manufacturer's own name or brand
26or another brand. "Manufacturer" does not include a retailer



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1that trademarks or owns a brand of architectural paint that is
2sold, offered for sale, or distributed within or into this
3State and that is manufactured by a person other than a
5    "Person" has the meaning given to that term in Section
63.315 of the Environmental Protection Act.
7    "Postconsumer paint" means architectural paint not used
8and no longer wanted by a purchaser.
9    "Program" means the postconsumer paint stewardship program
10established pursuant to Section 15.
11    "Recycling" has the meaning given to that term in Section
123.380 of the Environmental Protection Act.
13    "Representative organization" means a nonprofit
14organization established by one or more manufacturers to
15implement a postconsumer paint stewardship program under this
17    "Retailer" means a person that sells or offers to sell at
18retail in this State architectural paint.
19    "Very small quantity generator" has the meaning given to
20that term in 40 CFR 260.10.
21    Section 15. Paint stewardship program plan.
22    (a) Each manufacturer of architectural paint sold or
23offered for sale at retail in the State shall submit to the
24Agency a plan for the establishment of a postconsumer paint
25stewardship program. The program shall seek to reduce the



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1generation of postconsumer paint, promote its reuse and
2recycling, and manage the postconsumer paint waste stream
3using environmentally sound management practices.
4    (b) A plan submitted under this Section shall:
5        (1) Provide a list of participating manufacturers and
6    brands covered by the program.
7        (2) Provide information on the architectural paint
8    products covered under the program, such as interior or
9    exterior water-based and oil-based coatings, primers,
10    sealers, or wood coatings.
11        (3) Describe how it will provide for the statewide
12    collection of postconsumer architectural paint in the
13    State. The manufacturer or representative organization may
14    coordinate the program with existing household hazardous
15    waste collection infrastructure as is mutually agreeable
16    with the person operating the household waste collection
17    infrastructure.
18        (4) Provide a goal of sufficient number and geographic
19    distribution of collection sites, collection services, or
20    collection events for postconsumer architectural paint to
21    meet the following criteria:
22            (A) at least 90% of State residents shall have a
23        collection site, collection service, or collection
24        event within a 15-mile radius; and
25            (B) at least one collection site, collection
26        service, or collection event for every 50,000



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1        residents of the State.
2        (5) Describe how postconsumer paint will be managed
3    using the following strategies: reuse, recycling, energy
4    recovery, and disposal.
5        (6) Describe education and outreach efforts to inform
6    consumers about the program. These efforts should include:
7            (A) information about collection opportunities for
8        postconsumer paint;
9            (B) information about the fee for the operation of
10        the program that shall be included in the purchase
11        price of all architectural paint sold in the State;
12        and
13            (C) efforts to promote the source reduction,
14        reuse, and recycling of architectural paint.
15        (7) Include a certification from an independent
16    auditor that any added fee to paint sold in the State as a
17    result of the postconsumer paint stewardship program does
18    not exceed the costs to operate and sustain the program in
19    accordance with sound management practices. The
20    independent auditor shall verify that the amount added to
21    each unit of paint will cover the costs and sustain the
22    postconsumer paint stewardship program.
23        (8) Describe how the paint stewardship program will
24    incorporate and compensate service providers for
25    activities conducted under the program that may include:
26            (A) the collection of postconsumer architectural



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1        paint and architectural paint containers through
2        permanent collection sites, collection events, or
3        curbside services;
4            (B) the reuse or processing of postconsumer
5        architectural paint at a permanent collection site;
6        and
7            (C) the transportation, recycling, and proper
8        disposal of postconsumer architectural paint.
9    (c) Independent audits conducted for the purposes of this
10Act must be conducted in accordance with generally accepted
11auditing standards. The work product of the independent
12auditor shall be submitted to the Agency as part of the annual
13report required by Section 40. The cost of any work performed
14by the independent auditor shall be funded by the program.
15    (d) Not later than 60 days after submission of the plan
16under this Section, the Agency shall determine in writing
17whether to approve the plan as submitted or disapprove the
18plan. The Agency shall approve a plan if it contains all of the
19information required under subsection (b). If the plan is
20disapproved, the manufacturer or representative organization
21shall resubmit a plan within 45 calendar days of receipt of the
22notice of disapproval.
23    (e) If a manufacturer or representative organization
24determines that the paint stewardship fee should be adjusted
25because the independent audit reveals that the cost of
26administering the program exceeds the revenues generated by



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1the paint stewardship fee, the manufacturer or representative
2organization shall submit to the Agency a justification for
3the adjustment as well as financial reports to support the
4adjustment, including a 5-year projection of the financial
5status of the organization. The submission shall include a
6certification from an independent auditor that the proposed
7fee adjustment will generate revenues necessary and sufficient
8to pay the program expenses, including any accumulated debt,
9and develop a reasonable reserve level sufficient to sustain
10the program. The Agency shall approve the fee adjustment if
11the submission contains all of the information required under
12this subsection.
13    (f) Within 45 calendar days after Agency approval of a
14plan, the Agency shall post on its website, and the
15manufacturer or representative organization shall post on its
16website, the names of the manufacturers participating in the
17plan, the brands of architectural paint covered by the
18program, and a copy of the plan.
19    (g) Each manufacturer under the plan shall include in the
20price of any architectural paint sold to retailers or
21distributors in the State the per container amount of the fee
22set forth in the plan or fee adjustment. If a representative
23organization is implementing the plan for a manufacturer, the
24manufacturer is responsible for filing, reporting, and
25remitting the paint stewardship fee assessment for each
26container of architectural paint to the representative



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1organization. A retailer or distributor shall not deduct the
2amount of the fee from the purchase price of any paint it
4    Section 20. Incineration prohibited. No person shall
5incinerate architectural paint collected pursuant to a paint
6stewardship plan approved in accordance with Section 15.
7    Section 25. Plan submission. The plan required by Section
815 shall be submitted not later than 12 months after the
9effective date of this Act.
10    Section 30. Sale of paint.
11    (a) A manufacturer or retailer shall not sell or offer for
12sale architectural paint to any person in the State unless the
13manufacturer of the paint brand or the manufacturer's
14representative organization is implementing a paint
15stewardship plan approved in accordance with Section 15.
16    (b) A retailer shall not be in violation of subsection (a)
17if, on the date the architectural paint was sold or offered for
18sale, the paint or the paint's manufacturer are listed on the
19Agency's website pursuant to subsection (f) of Section 15.
20    (c) A paint collection site accepting paint for a program
21approved under this Act shall not charge for the collection of
22the paint when it is offered for collection.
23    (d) No retailer is required to participate in a paint



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1stewardship program as a collection site. A retailer may
2participate as a paint collection site on a voluntary basis,
3subject to the same terms, conditions, and requirements that
4apply to any other collection site.
5    (e) Nothing in this Act shall require a retailer to track,
6file, report, submit, or remit a paint stewardship assessment,
7sales data, or any other information on behalf of a
8manufacturer, distributor, or representative organization.
9Nothing in this Act prohibits a manufacturer and a retailer
10from entering into remitter agreements.
11    Section 35. Liability. A manufacturer or representative
12organization participating in a postconsumer paint stewardship
13program shall not be liable for any claim of a violation of
14antitrust, restraint of trade, unfair trade practice, or other
15anticompetitive conduct arising from conduct undertaken in
16accordance with the program.
17    Section 40. Annual report. By July 1, 2026, and each July 1
18thereafter, a manufacturer or representative organization
19shall submit a report to the Agency that details the
20implementation of the manufacturer's or representative
21organization's program during the prior calendar year. The
22report shall include:
23        (1) a description of the methods used to collect and
24    transport the postconsumer paint collected by the program;



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1        (2) the volume and type of postconsumer paint
2    collected and a description of the methods used to process
3    the paint, including reuse, recycling, and other methods;
4        (3) samples of the educational materials provided to
5    consumers of architectural paint; and
6        (4) the total cost of the program and an independent
7    financial audit of the program. An independent financial
8    auditor shall be chosen by the manufacturer or
9    representative organization.
10    The Agency and the manufacturer or manufacturer's
11representative organization shall post a copy of each annual
12report on their websites.
13    Section 45. Disclosure. Financial, production, or sales
14data reported to the Agency by a manufacturer, retailer, or
15representative organization is confidential business
16information that is exempt from disclosure under the Freedom
17of Information Act.
18    Section 50. Program plan submission fee. A manufacturer or
19representative organization submitting a program plan shall
20pay an administrative fee of $10,000 to the Agency at the time
21of submission.
22    Section 55. Administration fee. By July 1, 2026, and each
23July 1 thereafter, a manufacturer or representative



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1organization operating a stewardship program shall remit to
2the Agency a $40,000 administration fee.
3    Section 60. Implementation. Six months following the date
4of the program approval, a manufacturer or representative
5organization shall implement a postconsumer paint collection
6plan approved in accordance with Section 15.
7    Section 65. Postconsumer paint from households and small
9    (a) Delivery of leftover architectural paint by households
10and very small quantity generators to a collection site is
11authorized to the extent provided in the postconsumer paint
12program approved in accordance with Section 15 and in
13accordance with federal and State law, rules, and regulations.
14    (b) Collection sites shall accept and temporarily store
15architectural paint from households and very small quantity
16generators to the extent provided in the postconsumer paint
17stewardship program approved in accordance with Section 15 and
18in accordance with federal and State law, rules, and
20    (c) Nothing in this Act shall be construed as restricting
21the collection of architectural paint by a postconsumer paint
22stewardship program where the collection is authorized under
23any otherwise applicable hazardous waste or solid waste laws,
24rules, or regulations.



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1    (d) Nothing in this Act shall be construed to affect any
2requirements applicable to any person under any otherwise
3applicable hazardous waste or solid waste laws, rules, or
5    Section 70. Penalties.
6    (a) Any person who violates any provision of this Act is
7liable for a civil penalty of $7,000 per violation, except
8that the failure to register or pay a fee under this Act shall
9cause the person who fails to register or pay the fee to be
10liable for a civil penalty that is double the applicable
11registration fee.
12    (b) The penalties provided for in this Section may be
13recovered in a civil action brought in the name of the people
14of the State of Illinois by the State's Attorney of the county
15in which the violation occurred or by the Attorney General.
16Any penalties collected under this Section in an action in
17which the Attorney General has prevailed shall be deposited
18into the Environmental Protection Trust Fund, to be used in
19accordance with the provision of the Environmental Protection
20Trust Fund Act.
21    (c) The Attorney General or the State's Attorney of a
22county in which a violation occurs may institute a civil
23action for an injunction, prohibitory or mandatory, to
24restrain violations of this Act or to require such actions as
25may be necessary to address violations of this Act.



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1    (d) The penalties and injunctions provided in this Act are
2in addition to any penalties, injunctions, or other relief
3provided under any other State law. Nothing in this Act bars a
4cause of action by the State for any other penalty,
5injunction, or other relief provided by any other law.
6    (e) Any person who knowingly makes a false, fictitious, or
7fraudulent material statement, orally or in writing, to the
8Agency, related to or required by this Act or any rule adopted
9under this Act commits a Class 4 felony, and each such
10statement or writing shall be considered a separate Class 4
11felony. A person who, after being convicted under this
12subsection, violates this subsection a second or subsequent
13time commits a Class 3 felony.
14    Section 905. The Freedom of Information Act is amended by
15changing Section 7.5 as follows:
16    (5 ILCS 140/7.5)
17    Sec. 7.5. Statutory exemptions. To the extent provided for
18by the statutes referenced below, the following shall be
19exempt from inspection and copying:
20        (a) All information determined to be confidential
21    under Section 4002 of the Technology Advancement and
22    Development Act.
23        (b) Library circulation and order records identifying
24    library users with specific materials under the Library



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1    Records Confidentiality Act.
2        (c) Applications, related documents, and medical
3    records received by the Experimental Organ Transplantation
4    Procedures Board and any and all documents or other
5    records prepared by the Experimental Organ Transplantation
6    Procedures Board or its staff relating to applications it
7    has received.
8        (d) Information and records held by the Department of
9    Public Health and its authorized representatives relating
10    to known or suspected cases of sexually transmissible
11    disease or any information the disclosure of which is
12    restricted under the Illinois Sexually Transmissible
13    Disease Control Act.
14        (e) Information the disclosure of which is exempted
15    under Section 30 of the Radon Industry Licensing Act.
16        (f) Firm performance evaluations under Section 55 of
17    the Architectural, Engineering, and Land Surveying
18    Qualifications Based Selection Act.
19        (g) Information the disclosure of which is restricted
20    and exempted under Section 50 of the Illinois Prepaid
21    Tuition Act.
22        (h) Information the disclosure of which is exempted
23    under the State Officials and Employees Ethics Act, and
24    records of any lawfully created State or local inspector
25    general's office that would be exempt if created or
26    obtained by an Executive Inspector General's office under



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1    that Act.
2        (i) Information contained in a local emergency energy
3    plan submitted to a municipality in accordance with a
4    local emergency energy plan ordinance that is adopted
5    under Section 11-21.5-5 of the Illinois Municipal Code.
6        (j) Information and data concerning the distribution
7    of surcharge moneys collected and remitted by carriers
8    under the Emergency Telephone System Act.
9        (k) Law enforcement officer identification information
10    or driver identification information compiled by a law
11    enforcement agency or the Department of Transportation
12    under Section 11-212 of the Illinois Vehicle Code.
13        (l) Records and information provided to a residential
14    health care facility resident sexual assault and death
15    review team or the Executive Council under the Abuse
16    Prevention Review Team Act.
17        (m) Information provided to the predatory lending
18    database created pursuant to Article 3 of the Residential
19    Real Property Disclosure Act, except to the extent
20    authorized under that Article.
21        (n) Defense budgets and petitions for certification of
22    compensation and expenses for court appointed trial
23    counsel as provided under Sections 10 and 15 of the
24    Capital Crimes Litigation Act. This subsection (n) shall
25    apply until the conclusion of the trial of the case, even
26    if the prosecution chooses not to pursue the death penalty



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1    prior to trial or sentencing.
2        (o) Information that is prohibited from being
3    disclosed under Section 4 of the Illinois Health and
4    Hazardous Substances Registry Act.
5        (p) Security portions of system safety program plans,
6    investigation reports, surveys, schedules, lists, data, or
7    information compiled, collected, or prepared by or for the
8    Department of Transportation under Sections 2705-300 and
9    2705-616 of the Department of Transportation Law of the
10    Civil Administrative Code of Illinois, the Regional
11    Transportation Authority under Section 2.11 of the
12    Regional Transportation Authority Act, or the St. Clair
13    County Transit District under the Bi-State Transit Safety
14    Act.
15        (q) Information prohibited from being disclosed by the
16    Personnel Record Review Act.
17        (r) Information prohibited from being disclosed by the
18    Illinois School Student Records Act.
19        (s) Information the disclosure of which is restricted
20    under Section 5-108 of the Public Utilities Act.
21        (t) All identified or deidentified health information
22    in the form of health data or medical records contained
23    in, stored in, submitted to, transferred by, or released
24    from the Illinois Health Information Exchange, and
25    identified or deidentified health information in the form
26    of health data and medical records of the Illinois Health



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1    Information Exchange in the possession of the Illinois
2    Health Information Exchange Office due to its
3    administration of the Illinois Health Information
4    Exchange. The terms "identified" and "deidentified" shall
5    be given the same meaning as in the Health Insurance
6    Portability and Accountability Act of 1996, Public Law
7    104-191, or any subsequent amendments thereto, and any
8    regulations promulgated thereunder.
9        (u) Records and information provided to an independent
10    team of experts under the Developmental Disability and
11    Mental Health Safety Act (also known as Brian's Law).
12        (v) Names and information of people who have applied
13    for or received Firearm Owner's Identification Cards under
14    the Firearm Owners Identification Card Act or applied for
15    or received a concealed carry license under the Firearm
16    Concealed Carry Act, unless otherwise authorized by the
17    Firearm Concealed Carry Act; and databases under the
18    Firearm Concealed Carry Act, records of the Concealed
19    Carry Licensing Review Board under the Firearm Concealed
20    Carry Act, and law enforcement agency objections under the
21    Firearm Concealed Carry Act.
22        (v-5) Records of the Firearm Owner's Identification
23    Card Review Board that are exempted from disclosure under
24    Section 10 of the Firearm Owners Identification Card Act.
25        (w) Personally identifiable information which is
26    exempted from disclosure under subsection (g) of Section



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1    19.1 of the Toll Highway Act.
2        (x) Information which is exempted from disclosure
3    under Section 5-1014.3 of the Counties Code or Section
4    8-11-21 of the Illinois Municipal Code.
5        (y) Confidential information under the Adult
6    Protective Services Act and its predecessor enabling
7    statute, the Elder Abuse and Neglect Act, including
8    information about the identity and administrative finding
9    against any caregiver of a verified and substantiated
10    decision of abuse, neglect, or financial exploitation of
11    an eligible adult maintained in the Registry established
12    under Section 7.5 of the Adult Protective Services Act.
13        (z) Records and information provided to a fatality
14    review team or the Illinois Fatality Review Team Advisory
15    Council under Section 15 of the Adult Protective Services
16    Act.
17        (aa) Information which is exempted from disclosure
18    under Section 2.37 of the Wildlife Code.
19        (bb) Information which is or was prohibited from
20    disclosure by the Juvenile Court Act of 1987.
21        (cc) Recordings made under the Law Enforcement
22    Officer-Worn Body Camera Act, except to the extent
23    authorized under that Act.
24        (dd) Information that is prohibited from being
25    disclosed under Section 45 of the Condominium and Common
26    Interest Community Ombudsperson Act.



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1        (ee) Information that is exempted from disclosure
2    under Section 30.1 of the Pharmacy Practice Act.
3        (ff) Information that is exempted from disclosure
4    under the Revised Uniform Unclaimed Property Act.
5        (gg) Information that is prohibited from being
6    disclosed under Section 7-603.5 of the Illinois Vehicle
7    Code.
8        (hh) Records that are exempt from disclosure under
9    Section 1A-16.7 of the Election Code.
10        (ii) Information which is exempted from disclosure
11    under Section 2505-800 of the Department of Revenue Law of
12    the Civil Administrative Code of Illinois.
13        (jj) Information and reports that are required to be
14    submitted to the Department of Labor by registering day
15    and temporary labor service agencies but are exempt from
16    disclosure under subsection (a-1) of Section 45 of the Day
17    and Temporary Labor Services Act.
18        (kk) Information prohibited from disclosure under the
19    Seizure and Forfeiture Reporting Act.
20        (ll) Information the disclosure of which is restricted
21    and exempted under Section 5-30.8 of the Illinois Public
22    Aid Code.
23        (mm) Records that are exempt from disclosure under
24    Section 4.2 of the Crime Victims Compensation Act.
25        (nn) Information that is exempt from disclosure under
26    Section 70 of the Higher Education Student Assistance Act.



10300SB0836sam001- 23 -LRB103 03291 LNS 60119 a

1        (oo) Communications, notes, records, and reports
2    arising out of a peer support counseling session
3    prohibited from disclosure under the First Responders
4    Suicide Prevention Act.
5        (pp) Names and all identifying information relating to
6    an employee of an emergency services provider or law
7    enforcement agency under the First Responders Suicide
8    Prevention Act.
9        (qq) Information and records held by the Department of
10    Public Health and its authorized representatives collected
11    under the Reproductive Health Act.
12        (rr) Information that is exempt from disclosure under
13    the Cannabis Regulation and Tax Act.
14        (ss) Data reported by an employer to the Department of
15    Human Rights pursuant to Section 2-108 of the Illinois
16    Human Rights Act.
17        (tt) Recordings made under the Children's Advocacy
18    Center Act, except to the extent authorized under that
19    Act.
20        (uu) Information that is exempt from disclosure under
21    Section 50 of the Sexual Assault Evidence Submission Act.
22        (vv) Information that is exempt from disclosure under
23    subsections (f) and (j) of Section 5-36 of the Illinois
24    Public Aid Code.
25        (ww) Information that is exempt from disclosure under
26    Section 16.8 of the State Treasurer Act.



10300SB0836sam001- 24 -LRB103 03291 LNS 60119 a

1        (xx) Information that is exempt from disclosure or
2    information that shall not be made public under the
3    Illinois Insurance Code.
4        (yy) Information prohibited from being disclosed under
5    the Illinois Educational Labor Relations Act.
6        (zz) Information prohibited from being disclosed under
7    the Illinois Public Labor Relations Act.
8        (aaa) Information prohibited from being disclosed
9    under Section 1-167 of the Illinois Pension Code.
10        (bbb) Information that is prohibited from disclosure
11    by the Illinois Police Training Act and the Illinois State
12    Police Act.
13        (ccc) Records exempt from disclosure under Section
14    2605-304 of the Illinois State Police Law of the Civil
15    Administrative Code of Illinois.
16        (ddd) Information prohibited from being disclosed
17    under Section 35 of the Address Confidentiality for
18    Victims of Domestic Violence, Sexual Assault, Human
19    Trafficking, or Stalking Act.
20        (eee) Information prohibited from being disclosed
21    under subsection (b) of Section 75 of the Domestic
22    Violence Fatality Review Act.
23        (fff) Images from cameras under the Expressway Camera
24    Act. This subsection (fff) is inoperative on and after
25    July 1, 2023.
26        (ggg) Information prohibited from disclosure under



10300SB0836sam001- 25 -LRB103 03291 LNS 60119 a

1    paragraph (3) of subsection (a) of Section 14 of the Nurse
2    Agency Licensing Act.
3        (hhh) Information submitted to the Illinois Department
4    of State Police in an affidavit or application for an
5    assault weapon endorsement, assault weapon attachment
6    endorsement, .50 caliber rifle endorsement, or .50 caliber
7    cartridge endorsement under the Firearm Owners
8    Identification Card Act.
9        (iii) Confidential business information prohibited
10    from disclosure under Section 45 of the Paint Stewardship
11    Act.
12(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
13101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
141-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
15eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
16101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
171-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
18eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
19102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
207-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; revised