Sen. Linda Holmes
Filed: 3/28/2023
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1 | AMENDMENT TO SENATE BILL 836
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2 | AMENDMENT NO. ______. Amend Senate Bill 836 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the Paint | ||||||
5 | Stewardship Act. | ||||||
6 | Section 5. Findings. The General Assembly finds that: | ||||||
7 | (1) Leftover architectural paints present significant | ||||||
8 | waste management issues for counties and municipalities and | ||||||
9 | create costly environmental, health, and safety risks if not | ||||||
10 | properly managed. | ||||||
11 | (2) Nationally, an estimated 10% of architectural paint | ||||||
12 | purchased by consumers is leftover. Current governmental | ||||||
13 | programs collect only a fraction of the potential leftover | ||||||
14 | paint for proper reuse, recycling, or disposal. In northern | ||||||
15 | Illinois, there are only 4 permanent household hazardous waste | ||||||
16 | facilities, and these facilities do not typically accept latex |
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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 the 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 | ||||||
17 | currently operate in 11 jurisdictions and successfully divert | ||||||
18 | a significant portion of the collected paint waste from | ||||||
19 | 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 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 the | ||||||
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.
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3 | (7) To ensure that this defense will be available to | ||||||
4 | protect participants in the program, it is important for this | ||||||
5 | State's legislation to be specific about the conduct it is | ||||||
6 | authorizing and to express clearly that the State is | ||||||
7 | authorizing that conduct pursuant to a conscious policy | ||||||
8 | decision to limit the unfettered operation of market forces. | ||||||
9 | It is also critical for the legislation to provide for active | ||||||
10 | supervision of the conduct that might otherwise be subject to | ||||||
11 | antitrust attack. In particular, the legislation must provide | ||||||
12 | for active supervision of the decisions concerning the | ||||||
13 | assessments that will fund the program. A clear articulation | ||||||
14 | of the State's purposes and policies and provisions for active | ||||||
15 | State 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 and that is manufactured by a person other than a | ||||||
4 | retailer. | ||||||
5 | "Person" has the meaning given to that term in Section | ||||||
6 | 3.315 of the Environmental Protection Act. | ||||||
7 | "Postconsumer paint" means architectural paint not used | ||||||
8 | and no longer wanted by a purchaser. | ||||||
9 | "Program" means the postconsumer paint stewardship program | ||||||
10 | established pursuant to Section 15. | ||||||
11 | "Recycling" has the meaning given to that term in Section | ||||||
12 | 3.380 of the Environmental Protection Act. | ||||||
13 | "Representative organization" means a nonprofit | ||||||
14 | organization established by one or more manufacturers to | ||||||
15 | implement a postconsumer paint stewardship program under this | ||||||
16 | Act. | ||||||
17 | "Retailer" means a person that sells or offers to sell at | ||||||
18 | retail in this State architectural paint. | ||||||
19 | "Very small quantity generator" has the meaning given to | ||||||
20 | that term in 40 CFR 260.10.
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21 | Section 15. Paint stewardship program plan. | ||||||
22 | (a) Each manufacturer of architectural paint sold or | ||||||
23 | offered for sale at retail in the State shall submit to the | ||||||
24 | Agency a plan for the establishment of a postconsumer paint | ||||||
25 | stewardship program. The program shall seek to reduce the |
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1 | generation of postconsumer paint, promote its reuse and | ||||||
2 | recycling, and manage the postconsumer paint waste stream | ||||||
3 | using 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 | ||||||
10 | Act must be conducted in accordance with generally accepted | ||||||
11 | auditing standards. The work product of the independent | ||||||
12 | auditor shall be submitted to the Agency as part of the annual | ||||||
13 | report required by Section 40. The cost of any work performed | ||||||
14 | by the independent auditor shall be funded by the program. | ||||||
15 | (d) Not later than 60 days after submission of the plan | ||||||
16 | under this Section, the Agency shall determine in writing | ||||||
17 | whether to approve the plan as submitted or disapprove the | ||||||
18 | plan. The Agency shall approve a plan if it contains all of the | ||||||
19 | information required under subsection (b). If the plan is | ||||||
20 | disapproved, the manufacturer or representative organization | ||||||
21 | shall resubmit a plan within 45 calendar days of receipt of the | ||||||
22 | notice of disapproval. | ||||||
23 | (e) If a manufacturer or representative organization | ||||||
24 | determines that the paint stewardship fee should be adjusted | ||||||
25 | because the independent audit reveals that the cost of | ||||||
26 | administering the program exceeds the revenues generated by |
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1 | the paint stewardship fee, the manufacturer or representative | ||||||
2 | organization shall submit to the Agency a justification for | ||||||
3 | the adjustment as well as financial reports to support the | ||||||
4 | adjustment, including a 5-year projection of the financial | ||||||
5 | status of the organization. The submission shall include a | ||||||
6 | certification from an independent auditor that the proposed | ||||||
7 | fee adjustment will generate revenues necessary and sufficient | ||||||
8 | to pay the program expenses, including any accumulated debt, | ||||||
9 | and develop a reasonable reserve level sufficient to sustain | ||||||
10 | the program. The Agency shall approve the fee adjustment if | ||||||
11 | the submission contains all of the information required under | ||||||
12 | this subsection. | ||||||
13 | (f) Within 45 calendar days after Agency approval of a | ||||||
14 | plan, the Agency shall post on its website, and the | ||||||
15 | manufacturer or representative organization shall post on its | ||||||
16 | website, the names of the manufacturers participating in the | ||||||
17 | plan, the brands of architectural paint covered by the | ||||||
18 | program, and a copy of the plan. | ||||||
19 | (g) Each manufacturer under the plan shall include in the | ||||||
20 | price of any architectural paint sold to retailers or | ||||||
21 | distributors in the State the per container amount of the fee | ||||||
22 | set forth in the plan or fee adjustment. If a representative | ||||||
23 | organization is implementing the plan for a manufacturer, the | ||||||
24 | manufacturer is responsible for filing, reporting, and | ||||||
25 | remitting the paint stewardship fee assessment for each | ||||||
26 | container of architectural paint to the representative |
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1 | organization. A retailer or distributor shall not deduct the | ||||||
2 | amount of the fee from the purchase price of any paint it | ||||||
3 | sells. | ||||||
4 | Section 20. Incineration prohibited. No person shall | ||||||
5 | incinerate architectural paint collected pursuant to a paint | ||||||
6 | stewardship plan approved in accordance with Section 15. | ||||||
7 | Section 25. Plan submission. The plan required by Section | ||||||
8 | 15 shall be submitted not later than 12 months after the | ||||||
9 | effective date of this Act. | ||||||
10 | Section 30. Sale of paint. | ||||||
11 | (a) A manufacturer or retailer shall not sell or offer for | ||||||
12 | sale architectural paint to any person in the State unless the | ||||||
13 | manufacturer of the paint brand or the manufacturer's | ||||||
14 | representative organization is implementing a paint | ||||||
15 | stewardship plan approved in accordance with Section 15. | ||||||
16 | (b) A retailer shall not be in violation of subsection (a) | ||||||
17 | if, on the date the architectural paint was sold or offered for | ||||||
18 | sale, the paint or the paint's manufacturer are listed on the | ||||||
19 | Agency's website pursuant to subsection (f) of Section 15. | ||||||
20 | (c) A paint collection site accepting paint for a program | ||||||
21 | approved under this Act shall not charge for the collection of | ||||||
22 | the paint when it is offered for collection. | ||||||
23 | (d) No retailer is required to participate in a paint |
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1 | stewardship program as a collection site. A retailer may | ||||||
2 | participate as a paint collection site on a voluntary basis, | ||||||
3 | subject to the same terms, conditions, and requirements that | ||||||
4 | apply to any other collection site. | ||||||
5 | (e) Nothing in this Act shall require a retailer to track, | ||||||
6 | file, report, submit, or remit a paint stewardship assessment, | ||||||
7 | sales data, or any other information on behalf of a | ||||||
8 | manufacturer, distributor, or representative organization.
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9 | Nothing in this Act prohibits a manufacturer and a retailer | ||||||
10 | from entering into remitter agreements. | ||||||
11 | Section 35. Liability. A manufacturer or representative | ||||||
12 | organization participating in a postconsumer paint stewardship | ||||||
13 | program shall not be liable for any claim of a violation of | ||||||
14 | antitrust, restraint of trade, unfair trade practice, or other | ||||||
15 | anticompetitive conduct arising from conduct undertaken in | ||||||
16 | accordance with the program. | ||||||
17 | Section 40. Annual report. By July 1, 2026, and each July 1 | ||||||
18 | thereafter, a manufacturer or representative organization | ||||||
19 | shall submit a report to the Agency that details the | ||||||
20 | implementation of the manufacturer's or representative | ||||||
21 | organization's program during the prior calendar year. The | ||||||
22 | report 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 | ||||||
11 | representative organization shall post a copy of each annual | ||||||
12 | report on their websites. | ||||||
13 | Section 45. Disclosure. Financial, production, or sales | ||||||
14 | data reported to the Agency by a manufacturer, retailer, or | ||||||
15 | representative organization is confidential business | ||||||
16 | information that is exempt from disclosure under the Freedom | ||||||
17 | of Information Act.
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18 | Section 50. Program plan submission fee. A manufacturer or | ||||||
19 | representative organization submitting a program plan shall | ||||||
20 | pay an administrative fee of $10,000 to the Agency at the time | ||||||
21 | of submission. | ||||||
22 | Section 55. Administration fee. By July 1, 2026, and each | ||||||
23 | July 1 thereafter, a manufacturer or representative |
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1 | organization operating a stewardship program shall remit to | ||||||
2 | the Agency a $40,000 administration fee. | ||||||
3 | Section 60. Implementation. Six months following the date | ||||||
4 | of the program approval, a manufacturer or representative | ||||||
5 | organization shall implement a postconsumer paint collection | ||||||
6 | plan approved in accordance with Section 15. | ||||||
7 | Section 65. Postconsumer paint from households and small | ||||||
8 | businesses. | ||||||
9 | (a) Delivery of leftover architectural paint by households | ||||||
10 | and very small quantity generators to a collection site is | ||||||
11 | authorized to the extent provided in the postconsumer paint | ||||||
12 | program approved in accordance with Section 15 and in | ||||||
13 | accordance with federal and State law, rules, and regulations. | ||||||
14 | (b) Collection sites shall accept and temporarily store | ||||||
15 | architectural paint from households and very small quantity | ||||||
16 | generators to the extent provided in the postconsumer paint | ||||||
17 | stewardship program approved in accordance with Section 15 and | ||||||
18 | in accordance with federal and State law, rules, and | ||||||
19 | regulations. | ||||||
20 | (c) Nothing in this Act shall be construed as restricting | ||||||
21 | the collection of architectural paint by a postconsumer paint | ||||||
22 | stewardship program where the collection is authorized under | ||||||
23 | any otherwise applicable hazardous waste or solid waste laws, | ||||||
24 | rules, or regulations. |
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1 | (d) Nothing in this Act shall be construed to affect any | ||||||
2 | requirements applicable to any person under any otherwise | ||||||
3 | applicable hazardous waste or solid waste laws, rules, or | ||||||
4 | regulations.
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5 | Section 70. Penalties. | ||||||
6 | (a) Any person who violates any provision of this Act is | ||||||
7 | liable for a civil penalty of $7,000 per violation, except | ||||||
8 | that the failure to register or pay a fee under this Act shall | ||||||
9 | cause the person who fails to register or pay the fee to be | ||||||
10 | liable for a civil penalty that is double the applicable | ||||||
11 | registration fee. | ||||||
12 | (b) The penalties provided for in this Section may be | ||||||
13 | recovered in a civil action brought in the name of the people | ||||||
14 | of the State of Illinois by the State's Attorney of the county | ||||||
15 | in which the violation occurred or by the Attorney General. | ||||||
16 | Any penalties collected under this Section in an action in | ||||||
17 | which the Attorney General has prevailed shall be deposited | ||||||
18 | into the Environmental Protection Trust Fund, to be used in | ||||||
19 | accordance with the provision of the Environmental Protection | ||||||
20 | Trust Fund Act. | ||||||
21 | (c) The Attorney General or the State's Attorney of a | ||||||
22 | county in which a violation occurs may institute a civil | ||||||
23 | action for an injunction, prohibitory or mandatory, to | ||||||
24 | restrain violations of this Act or to require such actions as | ||||||
25 | may be necessary to address violations of this Act. |
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1 | (d) The penalties and injunctions provided in this Act are | ||||||
2 | in addition to any penalties, injunctions, or other relief | ||||||
3 | provided under any other State law. Nothing in this Act bars a | ||||||
4 | cause of action by the State for any other penalty, | ||||||
5 | injunction, or other relief provided by any other law. | ||||||
6 | (e) Any person who knowingly makes a false, fictitious, or | ||||||
7 | fraudulent material statement, orally or in writing, to the | ||||||
8 | Agency, related to or required by this Act or any rule adopted | ||||||
9 | under this Act commits a Class 4 felony, and each such | ||||||
10 | statement or writing shall be considered a separate Class 4 | ||||||
11 | felony. A person who, after being convicted under this | ||||||
12 | subsection, violates this subsection a second or subsequent | ||||||
13 | time commits a Class 3 felony. | ||||||
14 | Section 905. The Freedom of Information Act is amended by | ||||||
15 | changing Section 7.5 as follows:
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16 | (5 ILCS 140/7.5)
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17 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
18 | by the statutes referenced below, the following shall be | ||||||
19 | exempt 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.
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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. |
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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. |
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| |||||||
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 |
| |||||||
| |||||||
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; | ||||||
13 | 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. | ||||||
14 | 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, | ||||||
15 | eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; | ||||||
16 | 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. | ||||||
17 | 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, | ||||||
18 | eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; | ||||||
19 | 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. | ||||||
20 | 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; revised | ||||||
21 | 2-13-23.)".
|