Sen. Linda Holmes
Filed: 3/28/2023
 
 


 




10300SB0836sam001LRB103 03291 LNS 60119 a



1
AMENDMENT TO SENATE BILL 836




2 AMENDMENT NO. ______. Amend Senate Bill 836 by replacing 
3everything after the enacting clause with the following:


4 "Section 1. Short title. This Act may be cited as the Paint 
5Stewardship Act.

6 Section 5. Findings. The General Assembly finds that:
7 (1) Leftover architectural paints present significant 
8waste management issues for counties and municipalities and 
9create costly environmental, health, and safety risks if not 
10properly managed.
11 (2) Nationally, an estimated 10% of architectural paint 
12purchased by consumers is leftover. Current governmental 
13programs collect only a fraction of the potential leftover 
14paint for proper reuse, recycling, or disposal. In northern 
15Illinois, there are only 4 permanent household hazardous waste 
16facilities, and these facilities do not typically accept latex 
 
 
10300SB0836sam001- 2 -LRB103 03291 LNS 60119 a


1paint, which is the most common paint purchased by consumers.
2 (3) It is in the best interest of this State for paint 
3manufacturers to assume responsibility for the development and 
4implementation of a cost-effective paint stewardship program 
5that will educate consumers on strategies to reduce the 
6generation of leftover paint; provide opportunities to reuse 
7leftover paint; and collect, transport, and process leftover 
8paint for end-of-life management, including reuse, recycling, 
9energy recovery, and disposal. Requiring paint manufacturers 
10to assume responsibility for the collection, recycling, reuse, 
11transportation, and disposal of leftover paint will provide 
12more opportunities for consumers to properly manage their 
13leftover paint, provide fiscal relief for this State and local 
14governments in managing leftover paint, keep paint out of the 
15waste stream, and conserve natural resources.
16 (4) Similar architectural paint stewardship programs 
17currently operate in 11 jurisdictions and successfully divert 
18a significant portion of the collected paint waste from 
19landfills. These paint stewardship programs are saving 
20counties and municipalities the cost of managing paint waste 
21and have been successful at recycling leftover paint into 
22recycled paint products as well as other products. For 
23instance, in the State of Oregon, 64% of the latex paint 
24collected in the 2019-2020 fiscal year was recycled into paint 
25products, and in Minnesota, 48% of the latex paint collected 
26during the same period was reused or recycled into paint 
 
 
10300SB0836sam001- 3 -LRB103 03291 LNS 60119 a


1products. Given the lack of access to architectural paint 
2collection programs in Illinois, especially for leftover latex 
3architectural paint, and the demonstrated ability of the paint 
4industry to collect and recycle a substantial portion of 
5leftover architectural paint, this legislation is necessary. 
6It will create a statewide program that diverts a significant 
7portion of paint waste from landfills and facilitates the 
8recycling of leftover paint into paint and other products.
9 (5) Establishing a paint stewardship program in Illinois 
10will create jobs as the marketplace adjusts to the needs of a 
11robust program that requires transporters and processors. 
12Certain infrastructure already exists in the State, and the 
13program may attract additional resources.
14 (6) Legislation is needed to establish this program in 
15part because of the risk of antitrust lawsuits. The program 
16involves activities by competitors in the paint industry and 
17may affect the costs or prices of those competitors. As 
18construed by the courts, the antitrust laws impose severe 
19constraints on concerted action by competitors that affect 
20costs or prices. Absent State legislation, participation in 
21this program would entail an unacceptable risk of class action 
22lawsuits. These risks can be mitigated by legislation that 
23would bar application of federal antitrust law under the 
24"state action" doctrine. Under that doctrine, federal 
25antitrust law does not apply to conduct that is (1) undertaken 
26pursuant to a clearly expressed and affirmatively articulated 
 
 
10300SB0836sam001- 4 -LRB103 03291 LNS 60119 a


1state policy to displace or limit competition and (2) actively 
2supervised by the state.

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


 
 
10300SB0836sam001- 5 -LRB103 03291 LNS 60119 a


1 Section 10. Definitions. In this Act:
2 "Agency" means the Environmental Protection Agency.
3 "Architectural paint" means interior and exterior 
4architectural coatings sold in containers of 5 gallons or 
5less. "Architectural paint" does not include industrial 
6original equipment or specialty coatings.
7 "Collection site" means any location, place, tract of 
8land, or facility or improvement at which architectural paint 
9is accepted into a postconsumer paint collection program 
10pursuant to a postconsumer paint collection program plan.
11 "Environmentally sound management practices" means 
12procedures for the collection, storage, transportation, reuse, 
13recycling, and disposal of architectural paint in a manner 
14that complies with all applicable federal, State, and local 
15laws and any rules, regulations, and ordinances for the 
16protection of human health and the environment. These 
17procedures shall address adequate recordkeeping, tracking and 
18documenting of the final disposition of materials, and 
19environmental liability coverage for the representative 
20organization.
21 "Household waste" has the meaning given to that term in 
22Section 3.230 of the Environmental Protection Act.
23 "Manufacturer" means a manufacturer of architectural paint 
24who sells, offers for sale, or distributes the architectural 
25paint in the State under the manufacturer's own name or brand 
26or another brand. "Manufacturer" does not include a retailer 
 
 
10300SB0836sam001- 6 -LRB103 03291 LNS 60119 a


1that trademarks or owns a brand of architectural paint that is 
2sold, offered for sale, or distributed within or into this 
3State and that is manufactured by a person other than a 
4retailer.
5 "Person" has the meaning given to that term in Section 
63.315 of the Environmental Protection Act.
7 "Postconsumer paint" means architectural paint not used 
8and no longer wanted by a purchaser.
9 "Program" means the postconsumer paint stewardship program 
10established pursuant to Section 15.
11 "Recycling" has the meaning given to that term in Section 
123.380 of the Environmental Protection Act.
13 "Representative organization" means a nonprofit 
14organization established by one or more manufacturers to 
15implement a postconsumer paint stewardship program under this 
16Act.
17 "Retailer" means a person that sells or offers to sell at 
18retail in this State architectural paint.
19 "Very small quantity generator" has the meaning given to 
20that term in 40 CFR 260.10.


21 Section 15. Paint stewardship program plan. 
22 (a) Each manufacturer of architectural paint sold or 
23offered for sale at retail in the State shall submit to the 
24Agency a plan for the establishment of a postconsumer paint 
25stewardship program. The program shall seek to reduce the 
 
 
10300SB0836sam001- 7 -LRB103 03291 LNS 60119 a


1generation of postconsumer paint, promote its reuse and 
2recycling, and manage the postconsumer paint waste stream 
3using environmentally sound management practices. 
4 (b) A plan submitted under this Section shall:
5  (1) Provide a list of participating manufacturers and 
6 brands covered by the program.
7  (2) Provide information on the architectural paint 
8 products covered under the program, such as interior or 
9 exterior water-based and oil-based coatings, primers, 
10 sealers, or wood coatings.
11  (3) Describe how it will provide for the statewide 
12 collection of postconsumer architectural paint in the 
13 State. The manufacturer or representative organization may 
14 coordinate the program with existing household hazardous 
15 waste collection infrastructure as is mutually agreeable 
16 with the person operating the household waste collection 
17 infrastructure.
18  (4) Provide a goal of sufficient number and geographic 
19 distribution of collection sites, collection services, or 
20 collection events for postconsumer architectural paint to 
21 meet the following criteria:
22   (A) at least 90% of State residents shall have a 
23 collection site, collection service, or collection 
24 event within a 15-mile radius; and
25   (B) at least one collection site, collection 
26 service, or collection event for every 50,000 
 
 
10300SB0836sam001- 8 -LRB103 03291 LNS 60119 a


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 
 
 
10300SB0836sam001- 9 -LRB103 03291 LNS 60119 a


1 paint and architectural paint containers through 
2 permanent collection sites, collection events, or 
3 curbside services;
4   (B) the reuse or processing of postconsumer 
5 architectural paint at a permanent collection site; 
6 and
7   (C) the transportation, recycling, and proper 
8 disposal of postconsumer architectural paint.
9 (c) Independent audits conducted for the purposes of this 
10Act must be conducted in accordance with generally accepted 
11auditing standards. The work product of the independent 
12auditor shall be submitted to the Agency as part of the annual 
13report required by Section 40. The cost of any work performed 
14by the independent auditor shall be funded by the program.
15 (d) Not later than 60 days after submission of the plan 
16under this Section, the Agency shall determine in writing 
17whether to approve the plan as submitted or disapprove the 
18plan. The Agency shall approve a plan if it contains all of the 
19information required under subsection (b). If the plan is 
20disapproved, the manufacturer or representative organization 
21shall resubmit a plan within 45 calendar days of receipt of the 
22notice of disapproval.
23 (e) If a manufacturer or representative organization 
24determines that the paint stewardship fee should be adjusted 
25because the independent audit reveals that the cost of 
26administering the program exceeds the revenues generated by 
 
 
10300SB0836sam001- 10 -LRB103 03291 LNS 60119 a


1the paint stewardship fee, the manufacturer or representative 
2organization shall submit to the Agency a justification for 
3the adjustment as well as financial reports to support the 
4adjustment, including a 5-year projection of the financial 
5status of the organization. The submission shall include a 
6certification from an independent auditor that the proposed 
7fee adjustment will generate revenues necessary and sufficient 
8to pay the program expenses, including any accumulated debt, 
9and develop a reasonable reserve level sufficient to sustain 
10the program. The Agency shall approve the fee adjustment if 
11the submission contains all of the information required under 
12this subsection.
13 (f) Within 45 calendar days after Agency approval of a 
14plan, the Agency shall post on its website, and the 
15manufacturer or representative organization shall post on its 
16website, the names of the manufacturers participating in the 
17plan, the brands of architectural paint covered by the 
18program, and a copy of the plan.
19 (g) Each manufacturer under the plan shall include in the 
20price of any architectural paint sold to retailers or 
21distributors in the State the per container amount of the fee 
22set forth in the plan or fee adjustment. If a representative 
23organization is implementing the plan for a manufacturer, the 
24manufacturer is responsible for filing, reporting, and 
25remitting the paint stewardship fee assessment for each 
26container of architectural paint to the representative 
 
 
10300SB0836sam001- 11 -LRB103 03291 LNS 60119 a


1organization. A retailer or distributor shall not deduct the 
2amount of the fee from the purchase price of any paint it 
3sells.

4 Section 20. Incineration prohibited. No person shall 
5incinerate architectural paint collected pursuant to a paint 
6stewardship plan approved in accordance with Section 15.

7 Section 25. Plan submission. The plan required by Section 
815 shall be submitted not later than 12 months after the 
9effective date of this Act.

10 Section 30. Sale of paint.
11 (a) A manufacturer or retailer shall not sell or offer for 
12sale architectural paint to any person in the State unless the 
13manufacturer of the paint brand or the manufacturer's 
14representative organization is implementing a paint 
15stewardship plan approved in accordance with Section 15.
16 (b) A retailer shall not be in violation of subsection (a) 
17if, on the date the architectural paint was sold or offered for 
18sale, the paint or the paint's manufacturer are listed on the 
19Agency's website pursuant to subsection (f) of Section 15.
20 (c) A paint collection site accepting paint for a program 
21approved under this Act shall not charge for the collection of 
22the paint when it is offered for collection.
23 (d) No retailer is required to participate in a paint 
 
 
10300SB0836sam001- 12 -LRB103 03291 LNS 60119 a


1stewardship program as a collection site. A retailer may 
2participate as a paint collection site on a voluntary basis, 
3subject to the same terms, conditions, and requirements that 
4apply to any other collection site.
5 (e) Nothing in this Act shall require a retailer to track, 
6file, report, submit, or remit a paint stewardship assessment, 
7sales data, or any other information on behalf of a 
8manufacturer, distributor, or representative organization.

9Nothing in this Act prohibits a manufacturer and a retailer 
10from entering into remitter agreements.

11 Section 35. Liability. A manufacturer or representative 
12organization participating in a postconsumer paint stewardship 
13program shall not be liable for any claim of a violation of 
14antitrust, restraint of trade, unfair trade practice, or other 
15anticompetitive conduct arising from conduct undertaken in 
16accordance with the program.

17 Section 40. Annual report. By July 1, 2026, and each July 1 
18thereafter, a manufacturer or representative organization 
19shall submit a report to the Agency that details the 
20implementation of the manufacturer's or representative 
21organization's program during the prior calendar year. The 
22report shall include:
23  (1) a description of the methods used to collect and 
24 transport the postconsumer paint collected by the program;
 
 
10300SB0836sam001- 13 -LRB103 03291 LNS 60119 a


1  (2) the volume and type of postconsumer paint 
2 collected and a description of the methods used to process 
3 the paint, including reuse, recycling, and other methods;
4  (3) samples of the educational materials provided to 
5 consumers of architectural paint; and
6  (4) the total cost of the program and an independent 
7 financial audit of the program. An independent financial 
8 auditor shall be chosen by the manufacturer or 
9 representative organization.
10 The Agency and the manufacturer or manufacturer's 
11representative organization shall post a copy of each annual 
12report on their websites.

13 Section 45. Disclosure. Financial, production, or sales 
14data reported to the Agency by a manufacturer, retailer, or 
15representative organization is confidential business 
16information that is exempt from disclosure under the Freedom 
17of Information Act.


18 Section 50. Program plan submission fee. A manufacturer or 
19representative organization submitting a program plan shall 
20pay an administrative fee of $10,000 to the Agency at the time 
21of submission.

22 Section 55. Administration fee. By July 1, 2026, and each 
23July 1 thereafter, a manufacturer or representative 
 
 
10300SB0836sam001- 14 -LRB103 03291 LNS 60119 a


1organization operating a stewardship program shall remit to 
2the Agency a $40,000 administration fee.

3 Section 60. Implementation. Six months following the date 
4of the program approval, a manufacturer or representative 
5organization shall implement a postconsumer paint collection 
6plan approved in accordance with Section 15.

7 Section 65. Postconsumer paint from households and small 
8businesses. 
9 (a) Delivery of leftover architectural paint by households 
10and very small quantity generators to a collection site is 
11authorized to the extent provided in the postconsumer paint 
12program approved in accordance with Section 15 and in 
13accordance with federal and State law, rules, and regulations.
14 (b) Collection sites shall accept and temporarily store 
15architectural paint from households and very small quantity 
16generators to the extent provided in the postconsumer paint 
17stewardship program approved in accordance with Section 15 and 
18in accordance with federal and State law, rules, and 
19regulations.
20 (c) Nothing in this Act shall be construed as restricting 
21the collection of architectural paint by a postconsumer paint 
22stewardship program where the collection is authorized under 
23any otherwise applicable hazardous waste or solid waste laws, 
24rules, or regulations.
 
 
10300SB0836sam001- 15 -LRB103 03291 LNS 60119 a


1 (d) Nothing in this Act shall be construed to affect any 
2requirements applicable to any person under any otherwise 
3applicable hazardous waste or solid waste laws, rules, or 
4regulations.


5 Section 70. Penalties. 
6 (a) Any person who violates any provision of this Act is 
7liable for a civil penalty of $7,000 per violation, except 
8that the failure to register or pay a fee under this Act shall 
9cause the person who fails to register or pay the fee to be 
10liable for a civil penalty that is double the applicable 
11registration fee.
12 (b) The penalties provided for in this Section may be 
13recovered in a civil action brought in the name of the people 
14of the State of Illinois by the State's Attorney of the county 
15in which the violation occurred or by the Attorney General. 
16Any penalties collected under this Section in an action in 
17which the Attorney General has prevailed shall be deposited 
18into the Environmental Protection Trust Fund, to be used in 
19accordance with the provision of the Environmental Protection 
20Trust Fund Act.
21 (c) The Attorney General or the State's Attorney of a 
22county in which a violation occurs may institute a civil 
23action for an injunction, prohibitory or mandatory, to 
24restrain violations of this Act or to require such actions as 
25may be necessary to address violations of this Act.
 
 
10300SB0836sam001- 16 -LRB103 03291 LNS 60119 a


1 (d) The penalties and injunctions provided in this Act are 
2in addition to any penalties, injunctions, or other relief 
3provided under any other State law. Nothing in this Act bars a 
4cause of action by the State for any other penalty, 
5injunction, or other relief provided by any other law.
6 (e) Any person who knowingly makes a false, fictitious, or 
7fraudulent material statement, orally or in writing, to the 
8Agency, related to or required by this Act or any rule adopted 
9under this Act commits a Class 4 felony, and each such 
10statement or writing shall be considered a separate Class 4 
11felony. A person who, after being convicted under this 
12subsection, violates this subsection a second or subsequent 
13time commits a Class 3 felony.

14 Section 905. The Freedom of Information Act is amended by 
15changing Section 7.5 as follows:



16 (5 ILCS 140/7.5)



17 Sec. 7.5. Statutory exemptions. To the extent provided for 
18by the statutes referenced below, the following shall be 
19exempt from inspection and copying:
20  (a) All information determined to be confidential 
21 under Section 4002 of the Technology Advancement and 
22 Development Act.
23  (b) Library circulation and order records identifying 
24 library users with specific materials under the Library 
 
 
10300SB0836sam001- 17 -LRB103 03291 LNS 60119 a


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 
 
 
10300SB0836sam001- 18 -LRB103 03291 LNS 60119 a


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 
 
 
10300SB0836sam001- 19 -LRB103 03291 LNS 60119 a


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

21  (t) All identified or deidentified health information 
22 in the form of health data or medical records contained 
23 in, stored in, submitted to, transferred by, or released 
24 from the Illinois Health Information Exchange, and 
25 identified or deidentified health information in the form 
26 of health data and medical records of the Illinois Health 
 
 
10300SB0836sam001- 20 -LRB103 03291 LNS 60119 a


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 
 
 
10300SB0836sam001- 21 -LRB103 03291 LNS 60119 a


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. 
 
 
10300SB0836sam001- 22 -LRB103 03291 LNS 60119 a


1  (ee) Information that is exempted from disclosure 
2 under Section 30.1 of the Pharmacy Practice Act. 
3  (ff) Information that is exempted from disclosure 
4 under the Revised Uniform Unclaimed Property Act. 
5  (gg) Information that is prohibited from being 
6 disclosed under Section 7-603.5 of the Illinois Vehicle 
7 Code. 
8  (hh) Records that are exempt from disclosure under 
9 Section 1A-16.7 of the Election Code. 
10  (ii) Information which is exempted from disclosure 
11 under Section 2505-800 of the Department of Revenue Law of 
12 the Civil Administrative Code of Illinois. 
13  (jj) Information and reports that are required to be 
14 submitted to the Department of Labor by registering day 
15 and temporary labor service agencies but are exempt from 
16 disclosure under subsection (a-1) of Section 45 of the Day 
17 and Temporary Labor Services Act. 
18  (kk) Information prohibited from disclosure under the 
19 Seizure and Forfeiture Reporting Act. 
20  (ll) Information the disclosure of which is restricted 
21 and exempted under Section 5-30.8 of the Illinois Public 
22 Aid Code. 
23  (mm) Records that are exempt from disclosure under 
24 Section 4.2 of the Crime Victims Compensation Act. 
25  (nn) Information that is exempt from disclosure under 
26 Section 70 of the Higher Education Student Assistance Act. 
 
 
10300SB0836sam001- 23 -LRB103 03291 LNS 60119 a


1  (oo) Communications, notes, records, and reports 
2 arising out of a peer support counseling session 
3 prohibited from disclosure under the First Responders 
4 Suicide Prevention Act. 
5  (pp) Names and all identifying information relating to 
6 an employee of an emergency services provider or law 
7 enforcement agency under the First Responders Suicide 
8 Prevention Act. 
9  (qq) Information and records held by the Department of 
10 Public Health and its authorized representatives collected 
11 under the Reproductive Health Act. 
12  (rr) Information that is exempt from disclosure under 
13 the Cannabis Regulation and Tax Act. 
14  (ss) Data reported by an employer to the Department of 
15 Human Rights pursuant to Section 2-108 of the Illinois 
16 Human Rights Act.
17  (tt) Recordings made under the Children's Advocacy 
18 Center Act, except to the extent authorized under that 
19 Act. 
20  (uu) Information that is exempt from disclosure under 
21 Section 50 of the Sexual Assault Evidence Submission Act. 
22  (vv) Information that is exempt from disclosure under 
23 subsections (f) and (j) of Section 5-36 of the Illinois 
24 Public Aid Code. 
25  (ww) Information that is exempt from disclosure under 
26 Section 16.8 of the State Treasurer Act. 
 
 
10300SB0836sam001- 24 -LRB103 03291 LNS 60119 a


1  (xx) Information that is exempt from disclosure or 
2 information that shall not be made public under the 
3 Illinois Insurance Code. 
4  (yy) Information prohibited from being disclosed under 
5 the Illinois Educational Labor Relations Act.
6  (zz) Information prohibited from being disclosed under 
7 the Illinois Public Labor Relations Act. 
8  (aaa) Information prohibited from being disclosed 
9 under Section 1-167 of the Illinois Pension Code. 
10  (bbb) Information that is prohibited from disclosure 
11 by the Illinois Police Training Act and the Illinois State 
12 Police Act. 
13  (ccc) Records exempt from disclosure under Section

14 2605-304 of the Illinois State Police Law of the Civil

15 Administrative Code of Illinois. 
16  (ddd) Information prohibited from being disclosed 
17 under Section 35 of the Address Confidentiality for 
18 Victims of Domestic Violence, Sexual Assault, Human 
19 Trafficking, or Stalking Act. 
20  (eee) Information prohibited from being disclosed 
21 under subsection (b) of Section 75 of the Domestic 
22 Violence Fatality Review Act. 
23  (fff) Images from cameras under the Expressway Camera 
24 Act. This subsection (fff) is inoperative on and after 
25 July 1, 2023. 
26  (ggg) Information prohibited from disclosure under 
 
 
10300SB0836sam001- 25 -LRB103 03291 LNS 60119 a


1 paragraph (3) of subsection (a) of Section 14 of the Nurse 
2 Agency Licensing Act. 
3  (hhh) Information submitted to the Illinois Department 
4 of State Police in an affidavit or application for an 
5 assault weapon endorsement, assault weapon attachment 
6 endorsement, .50 caliber rifle endorsement, or .50 caliber 
7 cartridge endorsement under the Firearm Owners 
8 Identification Card Act.
9  (iii) Confidential business information prohibited 
10 from disclosure under Section 45 of the Paint Stewardship 
11 Act. 
12(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; 
13101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. 
141-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, 
15eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; 
16101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. 
171-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, 
18eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 
19102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 
207-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; revised 
212-13-23.)".