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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the Safe | ||||||||||||||||||||||||||
5 | Cosmetics Act. | ||||||||||||||||||||||||||
6 | Section 5. Findings. The General Assembly finds each of the | ||||||||||||||||||||||||||
7 | following: | ||||||||||||||||||||||||||
8 | (1) Independent testing in the United States and the | ||||||||||||||||||||||||||
9 | European Union
has determined that some cosmetic products | ||||||||||||||||||||||||||
10 | contain substances known or
suspected to cause cancer and | ||||||||||||||||||||||||||
11 | reproductive toxicity that can harm the
mother, fetus, and | ||||||||||||||||||||||||||
12 | nursing children.
| ||||||||||||||||||||||||||
13 | (2) Neither the federal Food and Drug Administration | ||||||||||||||||||||||||||
14 | (FDA) nor the
Department of Public Health require premarket | ||||||||||||||||||||||||||
15 | safety
testing, review, or approval of cosmetic products. | ||||||||||||||||||||||||||
16 | According to the FDA,
the regulatory requirements | ||||||||||||||||||||||||||
17 | governing the sale of cosmetics are not as
stringent as | ||||||||||||||||||||||||||
18 | those that apply to other FDA-regulated products.
| ||||||||||||||||||||||||||
19 | (3) Under the federal Food, Drug, and Cosmetic Act, | ||||||||||||||||||||||||||
20 | cosmetics and their ingredients are not required to be | ||||||||||||||||||||||||||
21 | approved
before they are sold to the public and the FDA | ||||||||||||||||||||||||||
22 | does not have the authority
to require manufacturers to | ||||||||||||||||||||||||||
23 | file health and safety data on cosmetic
ingredients or to |
| |||||||
| |||||||
1 | order a recall of a dangerous cosmetic product.
| ||||||
2 | (4) Under the Illinois Food, Drug and Cosmetic Act, the | ||||||
3 | Department of Public Health has
no authority to identify, | ||||||
4 | review, or regulate ingredients in cosmetic
products that | ||||||
5 | may cause chronic health effects, such as cancer and
| ||||||
6 | reproductive toxicity.
| ||||||
7 | (5) Cosmetic products are most heavily used by women of | ||||||
8 | childbearing
age, increasing the likelihood of exposing | ||||||
9 | mothers, fetuses, and nursing
children to substances that | ||||||
10 | can cause cancer and reproductive toxicity.
| ||||||
11 | (6) Beauty care workers, including cosmetologists and | ||||||
12 | manicurists, are
most exposed to the potentially harmful | ||||||
13 | effects of carcinogens and
reproductive toxins in | ||||||
14 | cosmetics. The majority of cosmetologists and manicurists | ||||||
15 | working in this State are women and minorities.
| ||||||
16 | (7) Federal law exempts chemicals used as fragrances or | ||||||
17 | flavoring from
being identified as ingredients on the | ||||||
18 | labels of cosmetic products.
Federal law also does not | ||||||
19 | require any ingredient labeling on cosmetic
products sold | ||||||
20 | for commercial use, thereby denying any information on
| ||||||
21 | ingredients to beauty care workers.
| ||||||
22 | (8) Alternatives to substances that cause cancer or | ||||||
23 | reproductive toxicity
are readily available for use in | ||||||
24 | cosmetic products. A number of
manufacturers, including | ||||||
25 | both small domestic producers and large
multinational | ||||||
26 | corporations, have eliminated substances that cause cancer
|
| |||||||
| |||||||
1 | or reproductive toxicity from their products.
| ||||||
2 | (9) Given (i) the presence of substances in cosmetic | ||||||
3 | products that cause
cancer and reproductive toxicity, (ii) | ||||||
4 | the heavy use of these products by
women of childbearing | ||||||
5 | age, (iii) the significant exposure to these products in
| ||||||
6 | occupational settings such as nail and beauty salons, (iv) | ||||||
7 | the adverse impacts
of these substances on human health,(v) | ||||||
8 | the inadequate information about the
presence of these | ||||||
9 | substances in products or the extent of their impacts, and
| ||||||
10 | (vi) the availability of alternatives to the use of these | ||||||
11 | substances, it is in the
interest of the people of this | ||||||
12 | State to take steps to ensure that
cosmetic products sold | ||||||
13 | and used in the State can be used safely.
| ||||||
14 | Section 10. Definitions. In this Act: | ||||||
15 | "Authoritative body" means any agency or formally | ||||||
16 | organized
program or group recognized by the Department as | ||||||
17 | being authoritative for the purpose of
identifying chemicals | ||||||
18 | that cause cancer or reproductive toxicity.
| ||||||
19 | "Chemical identified as causing cancer or reproductive | ||||||
20 | toxicity"
means a chemical identified by the Department or | ||||||
21 | identified by
an authoritative body as any of the following:
| ||||||
22 | (1) A substance listed as known or reasonably | ||||||
23 | anticipated to be a
human carcinogen in a national | ||||||
24 | toxicology report on carcinogens.
| ||||||
25 | (2) A substance given an overall carcinogenicity |
| |||||||
| |||||||
1 | evaluation of Group 1,
Group 2A, or Group 2B by the | ||||||
2 | International Agency for Research on
Cancer.
| ||||||
3 | (3) A substance identified as a Group A, Group B1, or | ||||||
4 | Group B2
carcinogen, or as a known or likely carcinogen by | ||||||
5 | the United States
Environmental Protection Agency.
| ||||||
6 | (4) A substance identified as having some or clear | ||||||
7 | evidence of adverse
developmental, male reproductive, or | ||||||
8 | female reproductive toxicity effects
in a report by an | ||||||
9 | expert panel of the National Toxicology Program's
Center | ||||||
10 | for the Evaluation of Risks to Human Reproduction.
| ||||||
11 | "Department" means the Department of Public Health.
| ||||||
12 | "Ingredient" means any single chemical entity or mixture | ||||||
13 | used as a component in the manufacture of a cosmetic product. | ||||||
14 | "Ingredient" does not include any incidental
ingredient that is | ||||||
15 | present in a cosmetic at insignificant levels and that has no | ||||||
16 | technical or functional effect in the cosmetic, including any | ||||||
17 | of the following: | ||||||
18 | (1) Substances that have no technical or functional | ||||||
19 | effect in the cosmetic but are present by reason of having | ||||||
20 | been incorporated into the cosmetic as an ingredient of | ||||||
21 | another cosmetic ingredient. | ||||||
22 | (2)
Processing aids that are substances that are added | ||||||
23 | to a cosmetic during the processing of the cosmetic but are | ||||||
24 | removed from the cosmetic in accordance with good | ||||||
25 | manufacturing practices before it is packaged in its | ||||||
26 | finished form. |
| |||||||
| |||||||
1 | (3) Processing aids that are substances that are added | ||||||
2 | to a cosmetic during processing for their technical or | ||||||
3 | functional effect in the processing, are converted to | ||||||
4 | substances the same as constituents of declared | ||||||
5 | ingredients, and do not significantly increase the | ||||||
6 | concentration of those constituents. | ||||||
7 | (4) Processing aids that are substances that are added | ||||||
8 | to a cosmetic during the processing of such cosmetic for | ||||||
9 | their technical and functional effect in the processing, | ||||||
10 | but are present in the finished cosmetic at insignificant | ||||||
11 | levels and do not have any technical or functional effect | ||||||
12 | in that cosmetic. | ||||||
13 | "Manufacturer" means any person whose name appears on the | ||||||
14 | label
of a cosmetic product pursuant to the requirements of | ||||||
15 | Section 701.12 of
Title 21 of the Code of Federal Regulations.
| ||||||
16 | Section 15. Manufacturer's product list required. | ||||||
17 | (a) Beginning January 1, 2008, the manufacturer of any
| ||||||
18 | cosmetic product subject to regulation by the federal Food and | ||||||
19 | Drug
Administration that is sold in this State shall, on a | ||||||
20 | schedule and in
electronic or other format, as determined by | ||||||
21 | the Department, provide the
Department with a complete and | ||||||
22 | accurate list of its cosmetic products that, as
of the date of | ||||||
23 | submission, are sold in this State and that contain any
| ||||||
24 | ingredient that is a chemical identified as causing cancer or | ||||||
25 | reproductive
toxicity, including any chemical that meets |
| |||||||
| |||||||
1 | either of the following
conditions:
| ||||||
2 | (1) A chemical contained in the product for purposes of | ||||||
3 | fragrance or
flavoring.
| ||||||
4 | (2) A chemical identified by the phrase "and other | ||||||
5 | ingredients" and
determined to be a trade secret pursuant | ||||||
6 | to the procedure established in
Part 20 and Section 720.8 | ||||||
7 | of Part 720 of Title 21 of the Code of Federal
Regulations. | ||||||
8 | (b) Any ingredient identified pursuant to subsection (a) | ||||||
9 | shall be
considered to be a trade secret and shall be treated | ||||||
10 | by the Department in a
manner consistent with the requirements | ||||||
11 | of Part 20 and Part 720 of Title
21 of the Code of Federal | ||||||
12 | Regulations. Any ingredients considered to be a
trade secret | ||||||
13 | shall not be subject to the Freedom of Information Act for the | ||||||
14 | purposes of this Section.
| ||||||
15 | (c) Any information submitted pursuant to subsection (a) | ||||||
16 | shall identify
each chemical both by name and Chemical Abstract | ||||||
17 | Service number and
shall specify the product or products in | ||||||
18 | which the chemical is contained.
| ||||||
19 | (d) If an ingredient identified pursuant to this Section is | ||||||
20 | subsequently
removed from the product in which it was contained | ||||||
21 | or is no longer a chemical identified as causing
cancer or | ||||||
22 | reproductive toxicity by an authoritative body, the | ||||||
23 | manufacturer
of the product containing the ingredient shall | ||||||
24 | submit the new information
to the Department. Upon receipt of | ||||||
25 | new information, the Department, after
verifying the accuracy | ||||||
26 | of that information, shall revise the manufacturer's
|
| |||||||
| |||||||
1 | information on record with the Department to reflect the new | ||||||
2 | information. The
manufacturer shall not be under obligation to | ||||||
3 | submit subsequent
information on the presence of the ingredient | ||||||
4 | in the product unless
subsequent changes require submittal of | ||||||
5 | the information.
| ||||||
6 | (e) This Section shall not apply to any manufacturer of | ||||||
7 | cosmetic
products with annual aggregate sales of cosmetic | ||||||
8 | products, both within and
outside of Illinois, of less than | ||||||
9 | $1,000,000, based
on the manufacturer's most recent tax year | ||||||
10 | filing.
| ||||||
11 | Section 20. Investigations. | ||||||
12 | (a) In order to determine potential health effects of
| ||||||
13 | exposure to ingredients in cosmetics sold in the State, the | ||||||
14 | Department may
conduct an investigation of one or more cosmetic | ||||||
15 | products that contain
chemicals identified as causing cancer or | ||||||
16 | reproductive toxicity or other
ingredients of concern to the | ||||||
17 | Department.
| ||||||
18 | (b) An investigation conducted pursuant to this Section may | ||||||
19 | include,
without limitation a review of available health | ||||||
20 | effects data and studies,
worksite health hazard evaluations, | ||||||
21 | epidemiological studies to determine
the health effects of | ||||||
22 | exposures to chemicals in various subpopulations, and
exposure | ||||||
23 | assessments to determine total exposures to individuals in
| ||||||
24 | various settings.
| ||||||
25 | (c) If an investigation is conducted pursuant to this |
| |||||||
| |||||||
1 | Section, the
manufacturer of any product subject to the | ||||||
2 | investigation may submit
relevant health effects data and | ||||||
3 | studies to the Department.
| ||||||
4 | (d) In order to further the purposes of an investigation, | ||||||
5 | the Department may
require manufacturers of products subject to | ||||||
6 | the investigation to submit to
the Department relevant health | ||||||
7 | effects data and studies available to the
manufacturer and | ||||||
8 | other available information as requested by the Department,
| ||||||
9 | including, but not limited to, the concentration of the | ||||||
10 | chemical in the
product, the amount by volume or weight of the | ||||||
11 | product that comprises the
average daily application or use, | ||||||
12 | and sales and use data necessary to
determine where the product | ||||||
13 | is used in the occupational setting.
The Department shall | ||||||
14 | establish reasonable deadlines for the submittal of
| ||||||
15 | information required pursuant to this subsection (d). Failure | ||||||
16 | by a
manufacturer to submit the information in compliance with | ||||||
17 | the
requirements of the Department shall constitute a violation | ||||||
18 | of this Act.
| ||||||
19 | Section 25. CIR Panel review; enforcement. | ||||||
20 | (a) The General Assembly finds and declares each of the | ||||||
21 | following:
| ||||||
22 | (1) The Cosmetic Ingredient Review (CIR) Panel is a | ||||||
23 | nongovernmental
body established and funded by the | ||||||
24 | cosmetics industry to review the safety
of cosmetic | ||||||
25 | ingredients.
|
| |||||||
| |||||||
1 | (2) According to a 2004 analysis of the 2003 CIR | ||||||
2 | Compendium by the
Environmental Working Group, 54 cosmetic | ||||||
3 | products violate the CIR's
own safe use recommendations to | ||||||
4 | manufacturers by containing an
ingredient that the CIR has | ||||||
5 | found is not safe for the specific use indicated
on the | ||||||
6 | product's label.
| ||||||
7 | (3) Federal regulations require every ingredient in a
| ||||||
8 | cosmetic product and every finished cosmetic product to be | ||||||
9 | adequately
substantiated for safety prior to marketing, | ||||||
10 | and state that any ingredient or
product whose safety has | ||||||
11 | not been adequately substantiated prior to
marketing is | ||||||
12 | misbranded unless it displays a warning statement | ||||||
13 | declaring,
"The safety of this product has not been | ||||||
14 | determined.".
| ||||||
15 | (b) The Department may, as early as feasible within | ||||||
16 | existing resources,
determine whether the products identified | ||||||
17 | in subdivision (2) of subsection
(a) have been adequately | ||||||
18 | substantiated for safety pursuant to Section
740.10 of Title 21 | ||||||
19 | of the Code of Federal Regulations. For any product
adequately | ||||||
20 | substantiated for safety, the Department shall determine if the
| ||||||
21 | product contains any ingredient that the CIR has found is not | ||||||
22 | safe for the
specific use indicated on the product's label.
| ||||||
23 | (c) If the Department finds that a product on a | ||||||
24 | manufacturer's list, which has been submitted to the Department | ||||||
25 | pursuant to Section 15 of this Act, has been adequately | ||||||
26 | substantiated
for safety despite containing an ingredient that |
| |||||||
| |||||||
1 | the CIR has found is not
safe for the specific use indicated on | ||||||
2 | the product's label, the Department shall
refer its findings to | ||||||
3 | the Attorney General and the federal Food and Drug
| ||||||
4 | Administration for possible enforcement action pursuant to | ||||||
5 | this Act and
the federal Food, Drug, and Cosmetic Act (21 | ||||||
6 | U.S.C. Sec. 301 et seq.).
| ||||||
7 | Section 90. The Freedom of Information Act is amended by | ||||||
8 | changing Section 7 as follows: | ||||||
9 | (5 ILCS 140/7) (from Ch. 116, par. 207) | ||||||
10 | Sec. 7. Exemptions.
| ||||||
11 | (1) The following shall be exempt from inspection and | ||||||
12 | copying:
| ||||||
13 | (a) Information specifically prohibited from | ||||||
14 | disclosure by federal or
State law or rules and regulations | ||||||
15 | adopted under federal or State law.
| ||||||
16 | (b) Information that, if disclosed, would constitute a | ||||||
17 | clearly
unwarranted invasion of personal privacy, unless | ||||||
18 | the disclosure is
consented to in writing by the individual | ||||||
19 | subjects of the information. The
disclosure of information | ||||||
20 | that bears on the public duties of public
employees and | ||||||
21 | officials shall not be considered an invasion of personal
| ||||||
22 | privacy. Information exempted under this subsection (b) | ||||||
23 | shall include but
is not limited to:
| ||||||
24 | (i) files and personal information maintained with |
| |||||||
| |||||||
1 | respect to
clients, patients, residents, students or | ||||||
2 | other individuals receiving
social, medical, | ||||||
3 | educational, vocational, financial, supervisory or
| ||||||
4 | custodial care or services directly or indirectly from | ||||||
5 | federal agencies
or public bodies;
| ||||||
6 | (ii) personnel files and personal information | ||||||
7 | maintained with
respect to employees, appointees or | ||||||
8 | elected officials of any public body or
applicants for | ||||||
9 | those positions;
| ||||||
10 | (iii) files and personal information maintained | ||||||
11 | with respect to any
applicant, registrant or licensee | ||||||
12 | by any public body cooperating with or
engaged in | ||||||
13 | professional or occupational registration, licensure | ||||||
14 | or discipline;
| ||||||
15 | (iv) information required of any taxpayer in | ||||||
16 | connection with the
assessment or collection of any tax | ||||||
17 | unless disclosure is otherwise required
by State | ||||||
18 | statute;
| ||||||
19 | (v) information revealing the identity of persons | ||||||
20 | who file complaints
with or provide information to | ||||||
21 | administrative, investigative, law enforcement
or | ||||||
22 | penal agencies; provided, however, that identification | ||||||
23 | of witnesses to
traffic accidents, traffic accident | ||||||
24 | reports, and rescue reports may be provided
by agencies | ||||||
25 | of local government, except in a case for which a | ||||||
26 | criminal
investigation is ongoing, without |
| |||||||
| |||||||
1 | constituting a clearly unwarranted per se
invasion of | ||||||
2 | personal privacy under this subsection; and
| ||||||
3 | (vi) the names, addresses, or other personal | ||||||
4 | information of
participants and registrants in park | ||||||
5 | district, forest preserve district, and
conservation | ||||||
6 | district programs.
| ||||||
7 | (c) Records compiled by any public body for | ||||||
8 | administrative enforcement
proceedings and any law | ||||||
9 | enforcement or correctional agency for
law enforcement | ||||||
10 | purposes or for internal matters of a public body,
but only | ||||||
11 | to the extent that disclosure would:
| ||||||
12 | (i) interfere with pending or actually and | ||||||
13 | reasonably contemplated
law enforcement proceedings | ||||||
14 | conducted by any law enforcement or correctional
| ||||||
15 | agency;
| ||||||
16 | (ii) interfere with pending administrative | ||||||
17 | enforcement proceedings
conducted by any public body;
| ||||||
18 | (iii) deprive a person of a fair trial or an | ||||||
19 | impartial hearing;
| ||||||
20 | (iv) unavoidably disclose the identity of a | ||||||
21 | confidential source or
confidential information | ||||||
22 | furnished only by the confidential source;
| ||||||
23 | (v) disclose unique or specialized investigative | ||||||
24 | techniques other than
those generally used and known or | ||||||
25 | disclose internal documents of
correctional agencies | ||||||
26 | related to detection, observation or investigation of
|
| |||||||
| |||||||
1 | incidents of crime or misconduct;
| ||||||
2 | (vi) constitute an invasion of personal privacy | ||||||
3 | under subsection (b) of
this Section;
| ||||||
4 | (vii) endanger the life or physical safety of law | ||||||
5 | enforcement personnel
or any other person; or
| ||||||
6 | (viii) obstruct an ongoing criminal investigation.
| ||||||
7 | (d) Criminal history record information maintained by | ||||||
8 | State or local
criminal justice agencies, except the | ||||||
9 | following which shall be open for
public inspection and | ||||||
10 | copying:
| ||||||
11 | (i) chronologically maintained arrest information, | ||||||
12 | such as traditional
arrest logs or blotters;
| ||||||
13 | (ii) the name of a person in the custody of a law | ||||||
14 | enforcement agency and
the charges for which that | ||||||
15 | person is being held;
| ||||||
16 | (iii) court records that are public;
| ||||||
17 | (iv) records that are otherwise available under | ||||||
18 | State or local law; or
| ||||||
19 | (v) records in which the requesting party is the | ||||||
20 | individual
identified, except as provided under part | ||||||
21 | (vii) of
paragraph (c) of subsection (1) of this | ||||||
22 | Section.
| ||||||
23 | "Criminal history record information" means data | ||||||
24 | identifiable to an
individual and consisting of | ||||||
25 | descriptions or notations of arrests,
detentions, | ||||||
26 | indictments, informations, pre-trial proceedings, trials, |
| |||||||
| |||||||
1 | or
other formal events in the criminal justice system or | ||||||
2 | descriptions or
notations of criminal charges (including | ||||||
3 | criminal violations of local
municipal ordinances) and the | ||||||
4 | nature of any disposition arising therefrom,
including | ||||||
5 | sentencing, court or correctional supervision, | ||||||
6 | rehabilitation and
release. The term does not apply to | ||||||
7 | statistical records and reports in
which individuals are | ||||||
8 | not identified and from which
their identities are not | ||||||
9 | ascertainable, or to information that is for
criminal | ||||||
10 | investigative or intelligence purposes.
| ||||||
11 | (e) Records that relate to or affect the security of | ||||||
12 | correctional
institutions and detention facilities.
| ||||||
13 | (f) Preliminary drafts, notes, recommendations, | ||||||
14 | memoranda and other
records in which opinions are | ||||||
15 | expressed, or policies or actions are
formulated, except | ||||||
16 | that a specific record or relevant portion of a
record | ||||||
17 | shall not be exempt when the record is publicly cited
and | ||||||
18 | identified by the head of the public body. The exemption | ||||||
19 | provided in
this paragraph (f) extends to all those records | ||||||
20 | of officers and agencies
of the General Assembly that | ||||||
21 | pertain to the preparation of legislative
documents.
| ||||||
22 | (g) Trade secrets and commercial or financial | ||||||
23 | information obtained from
a person or business where the | ||||||
24 | trade secrets or information are
proprietary, privileged | ||||||
25 | or confidential, or where disclosure of the trade
secrets | ||||||
26 | or information may cause competitive harm, including: |
| |||||||
| |||||||
1 | (i) All
information determined to be confidential | ||||||
2 | under Section 4002 of the
Technology Advancement and | ||||||
3 | Development Act. | ||||||
4 | (ii) All trade secrets and commercial or financial | ||||||
5 | information obtained by a public body, including a | ||||||
6 | public pension fund, from a private equity fund or a | ||||||
7 | privately held company within the investment portfolio | ||||||
8 | of a private equity fund as a result of either | ||||||
9 | investing or evaluating a potential investment of | ||||||
10 | public funds in a private equity fund. The exemption | ||||||
11 | contained in this item does not apply to the aggregate | ||||||
12 | financial performance information of a private equity | ||||||
13 | fund, nor to the identity of the fund's managers or | ||||||
14 | general partners. The exemption contained in this item | ||||||
15 | does not apply to the identity of a privately held | ||||||
16 | company within the investment portfolio of a private | ||||||
17 | equity fund, unless the disclosure of the identity of a | ||||||
18 | privately held company may cause competitive harm.
| ||||||
19 | Nothing contained in this
paragraph (g) shall be construed | ||||||
20 | to prevent a person or business from
consenting to disclosure.
| ||||||
21 | (h) Proposals and bids for any contract, grant, or | ||||||
22 | agreement, including
information which if it were | ||||||
23 | disclosed would frustrate procurement or give
an advantage | ||||||
24 | to any person proposing to enter into a contractor | ||||||
25 | agreement
with the body, until an award or final selection | ||||||
26 | is made. Information
prepared by or for the body in |
| |||||||
| |||||||
1 | preparation of a bid solicitation shall be
exempt until an | ||||||
2 | award or final selection is made.
| ||||||
3 | (i) Valuable formulae,
computer geographic systems,
| ||||||
4 | designs, drawings and research data obtained or
produced by | ||||||
5 | any public body when disclosure could reasonably be | ||||||
6 | expected to
produce private gain or public loss.
The | ||||||
7 | exemption for "computer geographic systems" provided in | ||||||
8 | this paragraph
(i) does not extend to requests made by news | ||||||
9 | media as defined in Section 2 of
this Act when the | ||||||
10 | requested information is not otherwise exempt and the only
| ||||||
11 | purpose of the request is to access and disseminate | ||||||
12 | information regarding the
health, safety, welfare, or | ||||||
13 | legal rights of the general public.
| ||||||
14 | (j) Test questions, scoring keys and other examination | ||||||
15 | data used to
administer an academic examination or | ||||||
16 | determined the qualifications of an
applicant for a license | ||||||
17 | or employment.
| ||||||
18 | (k) Architects' plans, engineers' technical | ||||||
19 | submissions, and
other
construction related technical | ||||||
20 | documents for
projects not constructed or developed in | ||||||
21 | whole or in part with public funds
and the same for | ||||||
22 | projects constructed or developed with public funds, but
| ||||||
23 | only to the extent
that disclosure would compromise | ||||||
24 | security, including but not limited to water
treatment | ||||||
25 | facilities, airport facilities, sport stadiums, convention | ||||||
26 | centers,
and all government owned, operated, or occupied |
| |||||||
| |||||||
1 | buildings.
| ||||||
2 | (l) Library circulation and order records identifying | ||||||
3 | library users with
specific materials.
| ||||||
4 | (m) Minutes of meetings of public bodies closed to the
| ||||||
5 | public as provided in the Open Meetings Act until the | ||||||
6 | public body
makes the minutes available to the public under | ||||||
7 | Section 2.06 of the Open
Meetings Act.
| ||||||
8 | (n) Communications between a public body and an | ||||||
9 | attorney or auditor
representing the public body that would | ||||||
10 | not be subject to discovery in
litigation, and materials | ||||||
11 | prepared or compiled by or for a public body in
| ||||||
12 | anticipation of a criminal, civil or administrative | ||||||
13 | proceeding upon the
request of an attorney advising the | ||||||
14 | public body, and materials prepared or
compiled with | ||||||
15 | respect to internal audits of public bodies.
| ||||||
16 | (o) Information received by a primary or secondary | ||||||
17 | school, college or
university under its procedures for the | ||||||
18 | evaluation of faculty members by
their academic peers.
| ||||||
19 | (p) Administrative or technical information associated | ||||||
20 | with automated
data processing operations, including but | ||||||
21 | not limited to software,
operating protocols, computer | ||||||
22 | program abstracts, file layouts, source
listings, object | ||||||
23 | modules, load modules, user guides, documentation
| ||||||
24 | pertaining to all logical and physical design of | ||||||
25 | computerized systems,
employee manuals, and any other | ||||||
26 | information that, if disclosed, would
jeopardize the |
| |||||||
| |||||||
1 | security of the system or its data or the security of
| ||||||
2 | materials exempt under this Section.
| ||||||
3 | (q) Documents or materials relating to collective | ||||||
4 | negotiating matters
between public bodies and their | ||||||
5 | employees or representatives, except that
any final | ||||||
6 | contract or agreement shall be subject to inspection and | ||||||
7 | copying.
| ||||||
8 | (r) Drafts, notes, recommendations and memoranda | ||||||
9 | pertaining to the
financing and marketing transactions of | ||||||
10 | the public body. The records of
ownership, registration, | ||||||
11 | transfer, and exchange of municipal debt
obligations, and | ||||||
12 | of persons to whom payment with respect to these | ||||||
13 | obligations
is made.
| ||||||
14 | (s) The records, documents and information relating to | ||||||
15 | real estate
purchase negotiations until those negotiations | ||||||
16 | have been completed or
otherwise terminated. With regard to | ||||||
17 | a parcel involved in a pending or
actually and reasonably | ||||||
18 | contemplated eminent domain proceeding under the Eminent | ||||||
19 | Domain Act, records, documents and
information relating to | ||||||
20 | that parcel shall be exempt except as may be
allowed under | ||||||
21 | discovery rules adopted by the Illinois Supreme Court. The
| ||||||
22 | records, documents and information relating to a real | ||||||
23 | estate sale shall be
exempt until a sale is consummated.
| ||||||
24 | (t) Any and all proprietary information and records | ||||||
25 | related to the
operation of an intergovernmental risk | ||||||
26 | management association or
self-insurance pool or jointly |
| |||||||
| |||||||
1 | self-administered health and accident
cooperative or pool.
| ||||||
2 | (u) Information concerning a university's adjudication | ||||||
3 | of student or
employee grievance or disciplinary cases, to | ||||||
4 | the extent that disclosure
would reveal the identity of the | ||||||
5 | student or employee and information
concerning any public | ||||||
6 | body's adjudication of student or employee grievances
or | ||||||
7 | disciplinary cases, except for the final outcome of the | ||||||
8 | cases.
| ||||||
9 | (v) Course materials or research materials used by | ||||||
10 | faculty members.
| ||||||
11 | (w) Information related solely to the internal | ||||||
12 | personnel rules and
practices of a public body.
| ||||||
13 | (x) Information contained in or related to | ||||||
14 | examination, operating, or
condition reports prepared by, | ||||||
15 | on behalf of, or for the use of a public
body responsible | ||||||
16 | for the regulation or supervision of financial
| ||||||
17 | institutions or insurance companies, unless disclosure is | ||||||
18 | otherwise
required by State law.
| ||||||
19 | (y) Information the disclosure of which is restricted | ||||||
20 | under Section
5-108 of the Public Utilities Act.
| ||||||
21 | (z) Manuals or instruction to staff that relate to | ||||||
22 | establishment or
collection of liability for any State tax | ||||||
23 | or that relate to investigations
by a public body to | ||||||
24 | determine violation of any criminal law.
| ||||||
25 | (aa) Applications, related documents, and medical | ||||||
26 | records received by
the Experimental Organ Transplantation |
| |||||||
| |||||||
1 | Procedures Board and any and all
documents or other records | ||||||
2 | prepared by the Experimental Organ
Transplantation | ||||||
3 | Procedures Board or its staff relating to applications
it | ||||||
4 | has received.
| ||||||
5 | (bb) Insurance or self insurance (including any | ||||||
6 | intergovernmental risk
management association or self | ||||||
7 | insurance pool) claims, loss or risk
management | ||||||
8 | information, records, data, advice or communications.
| ||||||
9 | (cc) Information and records held by the Department of | ||||||
10 | Public Health and
its authorized representatives relating | ||||||
11 | to known or suspected cases of
sexually transmissible | ||||||
12 | disease or any information the disclosure of which
is | ||||||
13 | restricted under the Illinois Sexually Transmissible | ||||||
14 | Disease Control Act.
| ||||||
15 | (dd) Information the disclosure of which is exempted | ||||||
16 | under Section 30
of the Radon Industry Licensing Act.
| ||||||
17 | (ee) Firm performance evaluations under Section 55 of | ||||||
18 | the
Architectural, Engineering, and Land Surveying | ||||||
19 | Qualifications Based
Selection Act.
| ||||||
20 | (ff) Security portions of system safety program plans, | ||||||
21 | investigation
reports, surveys, schedules, lists, data, or | ||||||
22 | information compiled, collected,
or prepared by or for the | ||||||
23 | Regional Transportation Authority under Section 2.11
of | ||||||
24 | the Regional Transportation Authority Act or the St. Clair | ||||||
25 | County Transit
District under the
Bi-State Transit Safety | ||||||
26 | Act.
|
| |||||||
| |||||||
1 | (gg) Information the disclosure of which is restricted | ||||||
2 | and
exempted under Section 50 of the Illinois Prepaid | ||||||
3 | Tuition Act.
| ||||||
4 | (hh) Information the disclosure of which is
exempted | ||||||
5 | under the State Officials and Employees Ethics Act.
| ||||||
6 | (ii) Beginning July 1, 1999, information that would | ||||||
7 | disclose
or might lead to the disclosure of
secret or | ||||||
8 | confidential information, codes, algorithms, programs, or | ||||||
9 | private
keys intended to be used to create electronic or | ||||||
10 | digital signatures under the
Electronic Commerce Security | ||||||
11 | Act.
| ||||||
12 | (jj) Information contained in a local emergency energy | ||||||
13 | plan submitted to
a municipality in accordance with a local | ||||||
14 | emergency energy plan ordinance that
is adopted under | ||||||
15 | Section 11-21.5-5 of the Illinois Municipal Code.
| ||||||
16 | (kk) Information and data concerning the distribution | ||||||
17 | of
surcharge moneys collected and remitted by wireless | ||||||
18 | carriers under the Wireless
Emergency Telephone Safety | ||||||
19 | Act.
| ||||||
20 | (ll) Vulnerability assessments, security measures, and | ||||||
21 | response policies
or plans that are designed to identify, | ||||||
22 | prevent, or respond to potential
attacks upon a community's | ||||||
23 | population or systems, facilities, or installations,
the | ||||||
24 | destruction or contamination of which would constitute a | ||||||
25 | clear and present
danger to the health or safety of the | ||||||
26 | community, but only to the extent that
disclosure could |
| |||||||
| |||||||
1 | reasonably be expected to jeopardize the effectiveness of | ||||||
2 | the
measures or the safety of the personnel who implement | ||||||
3 | them or the public.
Information exempt under this item may | ||||||
4 | include such things as details
pertaining to the | ||||||
5 | mobilization or deployment of personnel or equipment, to | ||||||
6 | the
operation of communication systems or protocols, or to | ||||||
7 | tactical operations.
| ||||||
8 | (mm) Maps and other records regarding the location or | ||||||
9 | security of a
utility's generation, transmission, | ||||||
10 | distribution, storage, gathering,
treatment, or switching | ||||||
11 | facilities.
| ||||||
12 | (nn) Law enforcement officer identification | ||||||
13 | information or
driver
identification
information compiled | ||||||
14 | by a law enforcement agency or the Department of
| ||||||
15 | Transportation
under Section 11-212 of the Illinois | ||||||
16 | Vehicle Code.
| ||||||
17 | (oo) Records and information provided to a residential
| ||||||
18 | health care
facility resident sexual assault
and death | ||||||
19 | review team or the Executive Council under the Abuse | ||||||
20 | Prevention Review Team Act.
| ||||||
21 | (pp) Information provided to the predatory lending | ||||||
22 | database created pursuant to Article 3 of the Residential | ||||||
23 | Real Property Disclosure Act, except to the extent | ||||||
24 | authorized under that Article.
| ||||||
25 | (qq) Defense budgets and petitions for certification | ||||||
26 | of compensation and expenses for court appointed trial |
| |||||||
| |||||||
1 | counsel as provided under Sections 10 and 15 of the Capital | ||||||
2 | Crimes Litigation Act. This subsection (qq) shall apply | ||||||
3 | until the conclusion of the trial of the case, even if the | ||||||
4 | prosecution chooses not to pursue the death penalty prior | ||||||
5 | to trial or sentencing.
| ||||||
6 | (rr) Information submitted to the Department of Public | ||||||
7 | Health pursuant to Section 15 of the Safe Cosmetics Act | ||||||
8 | concerning cosmetic ingredients considered to be a trade | ||||||
9 | secret.
| ||||||
10 | (2) This Section does not authorize withholding of | ||||||
11 | information or limit the
availability of records to the public, | ||||||
12 | except as stated in this Section or
otherwise provided in this | ||||||
13 | Act.
| ||||||
14 | (Source: P.A. 93-43, eff. 7-1-03; 93-209, eff. 7-18-03; 93-237, | ||||||
15 | eff. 7-22-03; 93-325, eff. 7-23-03, 93-422, eff. 8-5-03; | ||||||
16 | 93-577, eff. 8-21-03; 93-617, eff. 12-9-03; 94-280, eff. | ||||||
17 | 1-1-06; 94-508, eff. 1-1-06; 94-664, eff. 1-1-06; 94-931, eff. | ||||||
18 | 6-26-06; 94-953, eff. 6-27-06; 94-1055, eff. 1-1-07; revised | ||||||
19 | 8-3-06.)
| ||||||
20 | Section 99. Effective date. This Act takes effect upon | ||||||
21 | becoming law.
|