Full Text of SB0147 103rd General Assembly
SB0147sam001 103RD GENERAL ASSEMBLY | Sen. Linda Holmes Filed: 3/24/2023
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| 1 | | AMENDMENT TO SENATE BILL 147
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 147 by replacing | 3 | | everything after the enacting clause with the following:
| 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 hazard waste | 16 | | facilities, and these facilities do not typically accept latex |
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| 1 | | paint, which is the most common paint purchased by consumers. | 2 | | (3) It is in the best interest of this State for paint | 3 | | manufacturers to assume responsibility for development and | 4 | | implementation of a cost-effective paint stewardship program | 5 | | that will educate consumers on strategies to reduce the | 6 | | generation of leftover paint; provide opportunities to reuse | 7 | | leftover paint; and collect, transport, and process leftover | 8 | | paint for end-of-life management, including reuse, recycling, | 9 | | energy recovery, and disposal. Requiring paint manufacturers | 10 | | to assume responsibility for the collection, recycling, reuse, | 11 | | transportation, and disposal of leftover paint will provide | 12 | | more opportunities for consumers to properly manage their | 13 | | leftover paint, provide fiscal relief for this State and local | 14 | | governments in managing leftover paint, keep paint out of the | 15 | | waste stream, and conserve natural resources. | 16 | | (4) Similar architectural paint stewardship programs are | 17 | | currently operating in 11 jurisdictions and are successfully | 18 | | diverting a significant portion of the collected paint waste | 19 | | from landfills. These paint stewardship programs are saving | 20 | | counties and municipalities the cost of managing paint waste | 21 | | and have been successful at recycling leftover paint into | 22 | | recycled paint products as well as other products. For | 23 | | instance, in the state of Oregon, 64% of the latex paint | 24 | | collected in the 2019-2020 fiscal year was recycled into paint | 25 | | products, and, in Minnesota, 48% of the latex paint collected | 26 | | during the same time period was reused or recycled into paint |
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| 1 | | products. Given the lack of access to architectural paint | 2 | | collection programs in Illinois, especially for leftover latex | 3 | | architectural paint, and the demonstrated ability of the paint | 4 | | industry to collect and recycle a substantial portion of | 5 | | leftover architectural paint, this legislation is necessary. | 6 | | It will create a statewide program that diverts a significant | 7 | | portion of paint waste from landfills and facilitates | 8 | | recycling of leftover paint into paint and other products. | 9 | | (5) Establishing a paint stewardship program in Illinois | 10 | | will create jobs as the marketplace adjusts to the needs of a | 11 | | robust program that requires transporters and processors. | 12 | | Certain infrastructure already exists in the State, and the | 13 | | program may attract additional resources. | 14 | | (6) Legislation is needed to establish this program in | 15 | | part because of the risk of antitrust lawsuits. The program | 16 | | involves activities by competitors in the paint industry and | 17 | | may affect the costs or prices of those competitors. As | 18 | | construed by the courts, the antitrust laws impose severe | 19 | | constraints on concerted action by competitors that affect | 20 | | costs or prices. Absent State legislation, participation in | 21 | | this program would entail an unacceptable risk of class action | 22 | | lawsuits. These risks can be mitigated by legislation that | 23 | | would bar application of federal antitrust law under the | 24 | | "state action" doctrine. Under that doctrine, federal | 25 | | antitrust law does not apply to conduct that is (1) undertaken | 26 | | pursuant to a clearly expressed and affirmatively articulated |
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| 1 | | State policy to displace or limit competition and (2) actively | 2 | | supervised by the State.
| 3 | | (7) To ensure that this defense will be available to | 4 | | protect participants in the program, it is important for State | 5 | | legislation to be specific about the conduct it is authorizing | 6 | | and to express clearly that the State is authorizing that | 7 | | conduct pursuant to a conscious policy decision to limit the | 8 | | unfettered operation of market forces. It is also critical for | 9 | | the legislation to provide for active supervision of the | 10 | | conduct that might otherwise be subject to antitrust attack. | 11 | | In particular, the legislation must provide for active | 12 | | supervision of the decisions concerning the assessments that | 13 | | will fund the program. A clear articulation of the State's | 14 | | purposes and policies and provisions for active State | 15 | | supervision of the program will ensure that industry | 16 | | participation in the program will not trigger litigation. | 17 | | (8) To ensure that the costs of the program are | 18 | | distributed in an equitable and competitively neutral manner, | 19 | | the program will be funded through an assessment on each | 20 | | container of paint sold in this State. That assessment will be | 21 | | sufficient to recover, but not exceed, the costs of sustaining | 22 | | the program and will be reviewed and approved by the | 23 | | Environmental Protection Agency. Funds collected through the | 24 | | assessment will be used by the representative organization to | 25 | | operate 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 | 4 | | architectural coatings sold in containers of 5 gallons or | 5 | | less. "Architectural paint" does not include industrial | 6 | | original equipment or specialty coatings. | 7 | | "Collection site" means any location, place, tract of | 8 | | land, or facility or improvement at which architectural paint | 9 | | is accepted into a postconsumer paint collection program | 10 | | pursuant to a postconsumer paint collection program plan. | 11 | | "Environmentally sound management practices" means | 12 | | procedures for the collection, storage, transportation, reuse, | 13 | | recycling, and disposal of architectural paint in a manner | 14 | | that complies with all applicable federal, State, and local | 15 | | laws and any rules, regulations, and ordinances for the | 16 | | protection of human health and the environment. These | 17 | | procedures shall address adequate recordkeeping, tracking and | 18 | | documenting of the final disposition of materials, and | 19 | | environmental liability coverage for the representative | 20 | | organization. | 21 | | "Household waste" has the meaning given to that term in | 22 | | Section 3.230 of the Environmental Protection Act. | 23 | | "Manufacturer" means a manufacturer of architectural paint | 24 | | who sells, offers for sale, or distributes the architectural | 25 | | paint in the State under the manufacturer's own name or brand | 26 | | or another brand. "Manufacturer" does not include a retailer |
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| 1 | | that trademarks or owns a brand of architectural paint that is | 2 | | sold, offered for sale, or distributed within or into this | 3 | | State that is manufactured by a person other than a retailer. | 4 | | "Person" has the meaning given to that term in Section | 5 | | 3.315 of the Environmental Protection Act. | 6 | | "Postconsumer paint" means architectural paint not used | 7 | | and no longer wanted by a purchaser. | 8 | | "Program" means the postconsumer paint stewardship program | 9 | | established pursuant to Section 15. | 10 | | "Recycling" has the meaning given to that term in Section | 11 | | 3.380 of the Environmental Protection Act. | 12 | | "Representative organization" means a nonprofit | 13 | | organization established by one or more manufacturers to | 14 | | implement a postconsumer paint stewardship program under this | 15 | | Act. | 16 | | "Retailer" means a person that sells or offers to sell at | 17 | | retail in this State architectural paint. | 18 | | "Very small quantity generator" has the meaning given to | 19 | | that term in 40 CFR 260.10.
| 20 | | Section 15. Paint stewardship program plan. | 21 | | (a) Each manufacturer of architectural paint sold or | 22 | | offered for sale at retail in the State shall submit to the | 23 | | Agency a plan for the establishment of a postconsumer paint | 24 | | stewardship program. The program shall seek to reduce the | 25 | | generation of postconsumer paint, promote its reuse and |
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| 1 | | recycling, and manage the postconsumer paint waste stream | 2 | | using environmentally sound management practices. | 3 | | (b) A plan submitted under this Section shall: | 4 | | (1) Provide a list of participating manufacturers and | 5 | | brands covered by the program. | 6 | | (2) Provide information on the architectural paint | 7 | | products covered under the program, such as interior or | 8 | | exterior water-based and oil-based coatings, primers, | 9 | | sealers, or wood coatings. | 10 | | (3) Describe how it will provide for the statewide | 11 | | collection of postconsumer architectural paint in the | 12 | | State. The manufacturer or representative organization may | 13 | | coordinate the program with existing household hazardous | 14 | | waste collection infrastructure as is mutually agreeable | 15 | | with the person operating the household waste collection | 16 | | infrastructure. | 17 | | (4) Provide a goal of sufficient number and geographic | 18 | | distribution of collection sites, collection services, or | 19 | | collection events for postconsumer architectural paint to | 20 | | meet the following criteria: | 21 | | (A) at least 90% of State residents shall have a | 22 | | collection site, collection service, or collection | 23 | | event within a 15-mile radius; and | 24 | | (B) at least one collection site, collection | 25 | | service, or collection event for every 50,000 | 26 | | residents of the State. |
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| 1 | | (5) Describe how postconsumer paint will be managed | 2 | | using the following strategies: reuse, recycling, energy | 3 | | recovery, and disposal. | 4 | | (6) Describe education and outreach efforts to inform | 5 | | consumers about the program. These efforts should include: | 6 | | (A) information about collection opportunities for | 7 | | postconsumer paint; | 8 | | (B) information about the fee for the operation of | 9 | | the program that shall be included in the purchase | 10 | | price of all architectural paint sold in the State; | 11 | | and | 12 | | (C) efforts to promote the source reduction, | 13 | | reuse, and recycling of architectural paint. | 14 | | (7) Include a certification from an independent | 15 | | auditor that any added fee to paint sold in the State as a | 16 | | result of the postconsumer paint stewardship program does | 17 | | not exceed the costs to operate and sustain the program in | 18 | | accordance with sound management practices. The | 19 | | independent auditor shall verify that the amount added to | 20 | | each unit of paint will cover the costs and sustain the | 21 | | postconsumer paint stewardship program. | 22 | | (8) Describe how the paint stewardship program will | 23 | | incorporate and compensate service providers for | 24 | | activities conducted under the program that may include: | 25 | | (A) the collection of postconsumer architectural | 26 | | paint and architectural paint containers through |
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| 1 | | permanent collection sites, collection events, or | 2 | | curbside services; | 3 | | (B) the reuse or processing of postconsumer | 4 | | architectural paint at a permanent collection site; | 5 | | and | 6 | | (C) the transportation, recycling, and proper | 7 | | disposal of postconsumer architectural paint. | 8 | | (c) Independent audits conducted for the purposes of this | 9 | | Act must be conducted in accordance with generally accepted | 10 | | auditing standards. The work product of the independent | 11 | | auditor shall be submitted to the Agency as part of the annual | 12 | | report required by Section 40. The cost of any work performed | 13 | | by the independent auditor shall be funded by the program. | 14 | | (d) Not later than 60 days after submission of the plan | 15 | | under this Section, the Agency shall determine in writing | 16 | | whether to approve the plan as submitted or disapprove the | 17 | | plan. The Agency shall approve a plan if it contains all of the | 18 | | information required under subsection (b). If the plan is | 19 | | disapproved, the manufacturer or representative organization | 20 | | shall resubmit a plan within 45 calendar days of receipt of the | 21 | | notice of disapproval. | 22 | | (e) If a manufacturer or representative organization | 23 | | determines that the paint stewardship fee should be adjusted | 24 | | because the independent audit reveals that the cost of | 25 | | administering the program exceeds the revenues generated by | 26 | | the paint stewardship fee, the manufacturer or representative |
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| 1 | | organization shall submit to the Agency a justification for | 2 | | the adjustment as well as financial reports to support the | 3 | | adjustment, including a 5-year projection of the financial | 4 | | status of the organization. The submission shall include a | 5 | | certification from an independent auditor that the proposed | 6 | | fee adjustment will generate revenues necessary and sufficient | 7 | | to pay the program expenses, including any accumulated debt, | 8 | | and develop a reasonable reserve level sufficient to sustain | 9 | | the program. The Agency shall approve the fee adjustment if | 10 | | the submission contains all of the information required under | 11 | | this subsection. | 12 | | (f) Within 45 calendar days after Agency approval of a | 13 | | plan, the Agency shall post on its website, and the | 14 | | manufacturer or representative organization shall post on its | 15 | | website, the names of the manufacturers participating in the | 16 | | plan, the brands of architectural paint covered by the | 17 | | program, and a copy of the plan. | 18 | | (g) Each manufacturer under the plan shall include in the | 19 | | price of any architectural paint sold to retailers or | 20 | | distributors in the State the per container amount of the fee | 21 | | set forth in the plan or fee adjustment. If a representative | 22 | | organization is implementing the plan for a manufacturer, the | 23 | | manufacturer is responsible for filing, reporting, and | 24 | | remitting the paint stewardship fee assessment for each | 25 | | container of architectural paint to the representative | 26 | | organization. A retailer or distributor shall not deduct the |
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| 1 | | amount of the fee from the purchase price of any paint it | 2 | | sells. | 3 | | Section 20. Incineration prohibited. No person shall | 4 | | incinerate architectural paint collected pursuant to a paint | 5 | | stewardship plan approved in accordance with Section 15. | 6 | | Section 25. Plan submission. The plan required by Section | 7 | | 15 shall be submitted not later than 12 months after the | 8 | | effective date of this Act. | 9 | | Section 30. Sale of paint. | 10 | | (a) A manufacturer or retailer shall not sell or offer for | 11 | | sale architectural paint to any person in the State unless the | 12 | | manufacturer of the paint brand or the manufacturer's | 13 | | representative organization is implementing a paint | 14 | | stewardship plan approved in accordance with Section 15. | 15 | | (b) A retailer shall not be in violation of subsection (a) | 16 | | if, on the date the architectural paint was sold or offered for | 17 | | sale, the paint or the paint's manufacturer are listed on the | 18 | | Agency's website pursuant to subsection (f) of Section 15. | 19 | | (c) A paint collection site accepting paint for a program | 20 | | approved under this Act shall not charge for the collection of | 21 | | the paint when it is offered for collection. | 22 | | (d) No retailer is required to participate in a paint | 23 | | stewardship program as a collection site. A retailer may |
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| 1 | | participate as a paint collection site on a voluntary basis, | 2 | | subject to the same terms, conditions, and requirements that | 3 | | apply to any other collection site. | 4 | | (e) Nothing in this Act shall require a retailer to track, | 5 | | file, report, submit, or remit a paint stewardship assessment, | 6 | | sales data, or any other information on behalf of a | 7 | | manufacturer, distributor, or representative organization.
| 8 | | Nothing in this Act prohibits a manufacturer and a retailer | 9 | | from entering into remitter agreements. | 10 | | Section 35. Liability. A manufacturer or representative | 11 | | organization participating in a postconsumer paint stewardship | 12 | | program shall not be liable for any claim of a violation of | 13 | | antitrust, restraint of trade, unfair trade practice, or other | 14 | | anticompetitive conduct arising from conduct undertaken in | 15 | | accordance with the program. | 16 | | Section 40. Annual report. By July 1, 2026, and each July 1 | 17 | | thereafter, a manufacturer or representative organization | 18 | | shall submit a report to the Agency that details the | 19 | | implementation of the manufacturer's or representative | 20 | | organization's program during the prior calendar year. The | 21 | | report shall include: | 22 | | (1) a description of the methods used to collect and | 23 | | transport the postconsumer paint collected by the program; | 24 | | (2) the volume and type of postconsumer paint |
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| 1 | | collected and a description of the methods used to process | 2 | | the paint, including reuse, recycling, and other methods; | 3 | | (3) samples of the educational materials provided to | 4 | | consumers of architectural paint; and | 5 | | (4) the total cost of the program and an independent | 6 | | financial audit of the program. An independent financial | 7 | | auditor shall be chosen by the manufacturer or | 8 | | representative organization. | 9 | | The Agency, and the manufacturer or manufacturer's | 10 | | representative organization, shall post a copy of each annual | 11 | | report on its website. | 12 | | Section 45. Disclosure. Financial, production, or sales | 13 | | data reported to the Agency by a manufacturer, retailer, or | 14 | | representative organization is confidential business | 15 | | information that is exempt from disclosure under the Freedom | 16 | | of Information Act.
| 17 | | Section 50. Program plan submission fee. A manufacturer or | 18 | | representative organization submitting a program plan shall | 19 | | pay an administrative fee of $10,000 to the Agency at the time | 20 | | of submission. | 21 | | Section 55. Administration fee. By July 1, 2026, and each | 22 | | July 1 thereafter, a manufacturer or representative | 23 | | organization operating a stewardship program shall remit to |
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| 1 | | the Agency a $40,000 administration fee. | 2 | | Section 60. Implementation. Six months following the date | 3 | | of the program approval, a manufacturer or representative | 4 | | organization shall implement a postconsumer paint collection | 5 | | plan approved in accordance with Section 15. | 6 | | Section 65. Postconsumer paint from households and small | 7 | | businesses. | 8 | | (a) Delivery of leftover architectural paint by households | 9 | | and very small quantity generators to a collection site is | 10 | | authorized to the extent provided in the postconsumer paint | 11 | | program approved in accordance with Section 15 and in | 12 | | accordance with federal and State law, rules, and regulations. | 13 | | (b) Collection sites shall accept and temporarily store | 14 | | architectural paint from households and very small quantity | 15 | | generators to the extent provided in the postconsumer paint | 16 | | stewardship program approved in accordance with Section 15 and | 17 | | in accordance with federal and State law, rules, and | 18 | | regulations. | 19 | | (c) Nothing in this Act shall be construed as restricting | 20 | | the collection of architectural paint by a postconsumer paint | 21 | | stewardship program where the collection is authorized under | 22 | | any otherwise applicable hazardous waste or solid waste laws, | 23 | | rules, or regulations. | 24 | | (d) Nothing in this Act shall be construed to affect any |
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| 1 | | requirements applicable to any person under any otherwise | 2 | | applicable hazardous waste or solid waste laws, rules, or | 3 | | regulations.
| 4 | | Section 70. Penalties. | 5 | | (a) Any person who violates any provision of this Act is | 6 | | liable for a civil penalty of $7,000 per violation, except | 7 | | that the failure to register or pay a fee under this Act shall | 8 | | cause the person who fails to register or pay the fee to be | 9 | | liable for a civil penalty that is double the applicable | 10 | | registration fee. | 11 | | (b) The penalties provided for in this Section may be | 12 | | recovered in a civil action brought in the name of the people | 13 | | of the State of Illinois by the State's Attorney of the county | 14 | | in which the violation occurred or by the Attorney General. | 15 | | Any penalties collected under this Section in an action in | 16 | | which the Attorney General has prevailed shall be deposited | 17 | | into the Environmental Protection Trust Fund, to be used in | 18 | | accordance with the provision of the Environmental Protection | 19 | | Trust Fund Act. | 20 | | (c) The Attorney General or the State's Attorney of a | 21 | | county in which a violation occurs may institute a civil | 22 | | action for an injunction, prohibitory or mandatory, to | 23 | | restrain violations of this Act or to require such actions as | 24 | | may be necessary to address violations of this Act. | 25 | | (d) The penalties and injunctions provided in this Act are |
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| 1 | | in addition to any penalties, injunctions, or other relief | 2 | | provided under any other State law. Nothing in this Act bars a | 3 | | cause of action by the State for any other penalty, | 4 | | injunction, or other relief provided by any other law. | 5 | | (e) Any person who knowingly makes a false, fictitious, or | 6 | | fraudulent material statement, orally or in writing, to the | 7 | | Agency, related to or required by this Act or any rule adopted | 8 | | under this Act commits a Class 4 felony, and each such | 9 | | statement or writing shall be considered a separate Class 4 | 10 | | felony. A person who, after being convicted under this | 11 | | subsection, violates this subsection a second or subsequent | 12 | | time commits a Class 3 felony. | 13 | | Section 905. The Freedom of Information Act is amended by | 14 | | changing Section 7.5 as follows:
| 15 | | (5 ILCS 140/7.5)
| 16 | | Sec. 7.5. Statutory exemptions. To the extent provided for | 17 | | by the statutes referenced below, the following shall be | 18 | | exempt from inspection and copying: | 19 | | (a) All information determined to be confidential | 20 | | under Section 4002 of the Technology Advancement and | 21 | | Development Act. | 22 | | (b) Library circulation and order records identifying | 23 | | library users with specific materials under the Library | 24 | | Records Confidentiality Act. |
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| 1 | | (c) Applications, related documents, and medical | 2 | | records received by the Experimental Organ Transplantation | 3 | | Procedures Board and any and all documents or other | 4 | | records prepared by the Experimental Organ Transplantation | 5 | | Procedures Board or its staff relating to applications it | 6 | | has received. | 7 | | (d) Information and records held by the Department of | 8 | | Public Health and its authorized representatives relating | 9 | | to known or suspected cases of sexually transmissible | 10 | | disease or any information the disclosure of which is | 11 | | restricted under the Illinois Sexually Transmissible | 12 | | Disease Control Act. | 13 | | (e) Information the disclosure of which is exempted | 14 | | under Section 30 of the Radon Industry Licensing Act. | 15 | | (f) Firm performance evaluations under Section 55 of | 16 | | the Architectural, Engineering, and Land Surveying | 17 | | Qualifications Based Selection Act. | 18 | | (g) Information the disclosure of which is restricted | 19 | | and exempted under Section 50 of the Illinois Prepaid | 20 | | Tuition Act. | 21 | | (h) Information the disclosure of which is exempted | 22 | | under the State Officials and Employees Ethics Act, and | 23 | | records of any lawfully created State or local inspector | 24 | | general's office that would be exempt if created or | 25 | | obtained by an Executive Inspector General's office under | 26 | | that Act. |
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| 1 | | (i) Information contained in a local emergency energy | 2 | | plan submitted to a municipality in accordance with a | 3 | | local emergency energy plan ordinance that is adopted | 4 | | under Section 11-21.5-5 of the Illinois Municipal Code. | 5 | | (j) Information and data concerning the distribution | 6 | | of surcharge moneys collected and remitted by carriers | 7 | | under the Emergency Telephone System Act. | 8 | | (k) Law enforcement officer identification information | 9 | | or driver identification information compiled by a law | 10 | | enforcement agency or the Department of Transportation | 11 | | under Section 11-212 of the Illinois Vehicle Code. | 12 | | (l) Records and information provided to a residential | 13 | | health care facility resident sexual assault and death | 14 | | review team or the Executive Council under the Abuse | 15 | | Prevention Review Team Act. | 16 | | (m) Information provided to the predatory lending | 17 | | database created pursuant to Article 3 of the Residential | 18 | | Real Property Disclosure Act, except to the extent | 19 | | authorized under that Article. | 20 | | (n) Defense budgets and petitions for certification of | 21 | | compensation and expenses for court appointed trial | 22 | | counsel as provided under Sections 10 and 15 of the | 23 | | Capital Crimes Litigation Act. This subsection (n) shall | 24 | | apply until the conclusion of the trial of the case, even | 25 | | if the prosecution chooses not to pursue the death penalty | 26 | | prior to trial or sentencing. |
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| 1 | | (o) Information that is prohibited from being | 2 | | disclosed under Section 4 of the Illinois Health and | 3 | | Hazardous Substances Registry Act. | 4 | | (p) Security portions of system safety program plans, | 5 | | investigation reports, surveys, schedules, lists, data, or | 6 | | information compiled, collected, or prepared by or for the | 7 | | Department of Transportation under Sections 2705-300 and | 8 | | 2705-616 of the Department of Transportation Law of the | 9 | | Civil Administrative Code of Illinois, the Regional | 10 | | Transportation Authority under Section 2.11 of the | 11 | | Regional Transportation Authority Act, or the St. Clair | 12 | | County Transit District under the Bi-State Transit Safety | 13 | | Act. | 14 | | (q) Information prohibited from being disclosed by the | 15 | | Personnel Record Review Act. | 16 | | (r) Information prohibited from being disclosed by the | 17 | | Illinois School Student Records Act. | 18 | | (s) Information the disclosure of which is restricted | 19 | | under Section 5-108 of the Public Utilities Act.
| 20 | | (t) All identified or deidentified health information | 21 | | in the form of health data or medical records contained | 22 | | in, stored in, submitted to, transferred by, or released | 23 | | from the Illinois Health Information Exchange, and | 24 | | identified or deidentified health information in the form | 25 | | of health data and medical records of the Illinois Health | 26 | | Information Exchange in the possession of the Illinois |
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| 1 | | Health Information Exchange Office due to its | 2 | | administration of the Illinois Health Information | 3 | | Exchange. The terms "identified" and "deidentified" shall | 4 | | be given the same meaning as in the Health Insurance | 5 | | Portability and Accountability Act of 1996, Public Law | 6 | | 104-191, or any subsequent amendments thereto, and any | 7 | | regulations promulgated thereunder. | 8 | | (u) Records and information provided to an independent | 9 | | team of experts under the Developmental Disability and | 10 | | Mental Health Safety Act (also known as Brian's Law). | 11 | | (v) Names and information of people who have applied | 12 | | for or received Firearm Owner's Identification Cards under | 13 | | the Firearm Owners Identification Card Act or applied for | 14 | | or received a concealed carry license under the Firearm | 15 | | Concealed Carry Act, unless otherwise authorized by the | 16 | | Firearm Concealed Carry Act; and databases under the | 17 | | Firearm Concealed Carry Act, records of the Concealed | 18 | | Carry Licensing Review Board under the Firearm Concealed | 19 | | Carry Act, and law enforcement agency objections under the | 20 | | Firearm Concealed Carry Act. | 21 | | (v-5) Records of the Firearm Owner's Identification | 22 | | Card Review Board that are exempted from disclosure under | 23 | | Section 10 of the Firearm Owners Identification Card Act. | 24 | | (w) Personally identifiable information which is | 25 | | exempted from disclosure under subsection (g) of Section | 26 | | 19.1 of the Toll Highway Act. |
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| 1 | | (x) Information which is exempted from disclosure | 2 | | under Section 5-1014.3 of the Counties Code or Section | 3 | | 8-11-21 of the Illinois Municipal Code. | 4 | | (y) Confidential information under the Adult | 5 | | Protective Services Act and its predecessor enabling | 6 | | statute, the Elder Abuse and Neglect Act, including | 7 | | information about the identity and administrative finding | 8 | | against any caregiver of a verified and substantiated | 9 | | decision of abuse, neglect, or financial exploitation of | 10 | | an eligible adult maintained in the Registry established | 11 | | under Section 7.5 of the Adult Protective Services Act. | 12 | | (z) Records and information provided to a fatality | 13 | | review team or the Illinois Fatality Review Team Advisory | 14 | | Council under Section 15 of the Adult Protective Services | 15 | | Act. | 16 | | (aa) Information which is exempted from disclosure | 17 | | under Section 2.37 of the Wildlife Code. | 18 | | (bb) Information which is or was prohibited from | 19 | | disclosure by the Juvenile Court Act of 1987. | 20 | | (cc) Recordings made under the Law Enforcement | 21 | | Officer-Worn Body Camera Act, except to the extent | 22 | | authorized under that Act. | 23 | | (dd) Information that is prohibited from being | 24 | | disclosed under Section 45 of the Condominium and Common | 25 | | Interest Community Ombudsperson Act. | 26 | | (ee) Information that is exempted from disclosure |
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| 1 | | under Section 30.1 of the Pharmacy Practice Act. | 2 | | (ff) Information that is exempted from disclosure | 3 | | under the Revised Uniform Unclaimed Property Act. | 4 | | (gg) Information that is prohibited from being | 5 | | disclosed under Section 7-603.5 of the Illinois Vehicle | 6 | | Code. | 7 | | (hh) Records that are exempt from disclosure under | 8 | | Section 1A-16.7 of the Election Code. | 9 | | (ii) Information which is exempted from disclosure | 10 | | under Section 2505-800 of the Department of Revenue Law of | 11 | | the Civil Administrative Code of Illinois. | 12 | | (jj) Information and reports that are required to be | 13 | | submitted to the Department of Labor by registering day | 14 | | and temporary labor service agencies but are exempt from | 15 | | disclosure under subsection (a-1) of Section 45 of the Day | 16 | | and Temporary Labor Services Act. | 17 | | (kk) Information prohibited from disclosure under the | 18 | | Seizure and Forfeiture Reporting Act. | 19 | | (ll) Information the disclosure of which is restricted | 20 | | and exempted under Section 5-30.8 of the Illinois Public | 21 | | Aid Code. | 22 | | (mm) Records that are exempt from disclosure under | 23 | | Section 4.2 of the Crime Victims Compensation Act. | 24 | | (nn) Information that is exempt from disclosure under | 25 | | Section 70 of the Higher Education Student Assistance Act. | 26 | | (oo) Communications, notes, records, and reports |
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| 1 | | arising out of a peer support counseling session | 2 | | prohibited from disclosure under the First Responders | 3 | | Suicide Prevention Act. | 4 | | (pp) Names and all identifying information relating to | 5 | | an employee of an emergency services provider or law | 6 | | enforcement agency under the First Responders Suicide | 7 | | Prevention Act. | 8 | | (qq) Information and records held by the Department of | 9 | | Public Health and its authorized representatives collected | 10 | | under the Reproductive Health Act. | 11 | | (rr) Information that is exempt from disclosure under | 12 | | the Cannabis Regulation and Tax Act. | 13 | | (ss) Data reported by an employer to the Department of | 14 | | Human Rights pursuant to Section 2-108 of the Illinois | 15 | | Human Rights Act. | 16 | | (tt) Recordings made under the Children's Advocacy | 17 | | Center Act, except to the extent authorized under that | 18 | | Act. | 19 | | (uu) Information that is exempt from disclosure under | 20 | | Section 50 of the Sexual Assault Evidence Submission Act. | 21 | | (vv) Information that is exempt from disclosure under | 22 | | subsections (f) and (j) of Section 5-36 of the Illinois | 23 | | Public Aid Code. | 24 | | (ww) Information that is exempt from disclosure under | 25 | | Section 16.8 of the State Treasurer Act. | 26 | | (xx) Information that is exempt from disclosure or |
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| 1 | | information that shall not be made public under the | 2 | | Illinois Insurance Code. | 3 | | (yy) Information prohibited from being disclosed under | 4 | | the Illinois Educational Labor Relations Act. | 5 | | (zz) Information prohibited from being disclosed under | 6 | | the Illinois Public Labor Relations Act. | 7 | | (aaa) Information prohibited from being disclosed | 8 | | under Section 1-167 of the Illinois Pension Code. | 9 | | (bbb) Information that is prohibited from disclosure | 10 | | by the Illinois Police Training Act and the Illinois State | 11 | | Police Act. | 12 | | (ccc) Records exempt from disclosure under Section
| 13 | | 2605-304 of the Illinois State Police Law of the Civil
| 14 | | Administrative Code of Illinois. | 15 | | (ddd) Information prohibited from being disclosed | 16 | | under Section 35 of the Address Confidentiality for | 17 | | Victims of Domestic Violence, Sexual Assault, Human | 18 | | Trafficking, or Stalking Act. | 19 | | (eee) Information prohibited from being disclosed | 20 | | under subsection (b) of Section 75 of the Domestic | 21 | | Violence Fatality Review Act. | 22 | | (fff) Images from cameras under the Expressway Camera | 23 | | Act. This subsection (fff) is inoperative on and after | 24 | | July 1, 2023. | 25 | | (ggg) Information prohibited from disclosure under | 26 | | paragraph (3) of subsection (a) of Section 14 of the Nurse |
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| 1 | | Agency Licensing Act. | 2 | | (hhh) Information submitted to the Illinois Department | 3 | | of State Police in an affidavit or application for an | 4 | | assault weapon endorsement, assault weapon attachment | 5 | | endorsement, .50 caliber rifle endorsement, or .50 caliber | 6 | | cartridge endorsement under the Firearm Owners | 7 | | Identification Card Act. | 8 | | (iii) Confidential business information prohibited | 9 | | from disclosure under Section 45 of the Paint Stewardship | 10 | | Act. | 11 | | (Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; | 12 | | 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. | 13 | | 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, | 14 | | eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; | 15 | | 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. | 16 | | 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, | 17 | | eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; | 18 | | 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. | 19 | | 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; revised | 20 | | 2-13-23.)".
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