Bill Status of HB 1780   102nd General Assembly

Short Description:  DRUG TAKE-BACK ACT

House Sponsors
Rep. Jennifer Gong-Gershowitz-Tom Demmer-Dagmara Avelar, Terra Costa Howard, Anne Stava-Murray, Kelly M. Cassidy, Deb Conroy, Kambium Buckner, Michelle Mussman, Robert Rita, Ryan Spain, Robyn Gabel, Ann M. Williams, Lawrence Walsh, Jr., Anthony DeLuca, Martin McLaughlin, Joyce Mason, Mark Luft and Jaime M. Andrade, Jr.

Senate Sponsors
(Sen. Laura Fine-Antonio Muñoz, Ann Gillespie-Sara Feigenholtz-Patricia Van Pelt, Laura Ellman and Jacqueline Y. Collins)


Last Action  View All Actions

DateChamber Action
  6/10/2022HousePublic Act . . . . . . . . . 102-1055

Statutes Amended In Order of Appearance
New Act
5 ILCS 140/7from Ch. 116, par. 207

Synopsis As Introduced
Creates the Drug Take-Back Act. Requires covered manufacturers to, no later than July 1, 2022 or 6 months after becoming a covered manufacturer, whichever is later, participate in an approved drug take-back program or have established and implemented a drug take-back program independently or as part of a group of covered manufacturers. Provides requirements for the drug take-back program and for manufacturer program operators. Requires each manufacturer program operator to submit a proposal for the establishment and implementation of a drug take-back program to the Environmental Protection Agency for review and approval. Contains provisions regarding changes or modifications to drug take-back programs, promotion of drug take-back programs, annual reports, funding, and reimbursement. Requires covered manufacturers and manufacturer program operators to submit an annual $5,000 registration fee. Specifies civil penalties for violation of the Act. Preempts home rule powers. Contains other provisions. Amends the Freedom of Information Act. Provides that proprietary information submitted to the Environmental Protection Agency under the Drug Take-Back Act is exempt from inspection and copying under the Act. Effective immediately.

House Committee Amendment No. 1
Adds reference to:
415 ILCS 5/22.15from Ch. 111 1/2, par. 1022.15
415 ILCS 5/22.55

Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Provides that each covered manufacturer must, beginning January 1, 2024 (rather than no later than July 1, 2022) or 6 months after becoming a covered manufacturer, individually or collectively implement (rather than participate in) an approved drug take-back program. Requires a drug take-back program to provide for the collection, transportation, and disposal of covered drugs. Provides that specified requirements shall be undertaken by a drug take-back program or a covered manufacturer (rather than a manufacturer program operator). Requires the Environmental Protection Agency to review all proposals in conjunction with one another to ensure the proposals are coordinated to achieve authorized collection site coverage. Requires the Agency to either approve, reject, or approve with modification a proposal within 90 days after receiving it. Requires drug take-back program promotion to be implemented by all drug take-back programs collectively. Provides that a manufacturer program operator shall (rather than may) allocate administration and operation costs of programs to participating covered manufacturers. Requires each covered manufacturer and manufacturer program operator to register with the Agency and submit the registration fee by January 1, 2023 (rather than April 1, 2022), and by January 1 (rather than April 1) of each year thereafter. Removes language requiring penalties collected under the Act to be used in accordance with the Act's provisions. Removes language allowing the Agency to impose a civil penalty for a violation of the Act of $7,000 per violation per day. Makes other changes. Amends the Environmental Protection Act. Provides that moneys in the Solid Waste Management Fund shall be used for the administration of the Drug Take-Back Act. Removes provisions requiring the Agency to (1) develop and implement a public information program regarding household waste drop-off points that accept pharmaceutical products, as well as mail-back programs; (2) develop a sign that provides information on the proper disposal of unused pharmaceutical products; and (3) establish, by rule, a statewide medication take-back program by June 1, 2016 to ensure that there are pharmaceutical product disposal options regularly available for residents across the State. Makes other changes. Effective immediately.

House Floor Amendment No. 2
Provides that "covered drug" means, among other things, a drug. Makes a typographical change.

Senate Committee Amendment No. 1
In provisions of the Drug Take-Back Act, makes the following changes. Provides that "covered drug" does not include drugs sold at retail as a unit dose package or homeopathic drugs. Makes changes to the definition of "proprietary information". Provides that program promotion requirements do not apply to any drug take-back program established prior to the Act's effective date that provides promotional or educational materials to the public about the proper collection and management of covered drugs. Provides that each covered manufacturer and covered manufacturer program operator shall submit a registration fee of $2,500 (rather than $5,000).

Senate Committee Amendment No. 2
Removes language providing that the definition of "covered manufacturer" does not include a pharmacy. Provides that private label distributors and repackagers are not covered manufacturers.

Senate Floor Amendment No. 3
Requires the Environmental Protection Agency to provide a 30-day public comment period on drug take-back program proposals and revised proposals during specified 90-day periods. Provides that the reason for the Agency's rejection of a drug take-back program proposal must be provided in the written notification to the manufacturer program operator.

Actions 
DateChamber Action
  2/16/2021HouseFiled with the Clerk by Rep. Jennifer Gong-Gershowitz
  2/17/2021HouseFirst Reading
  2/17/2021HouseReferred to Rules Committee
  2/24/2021HouseAdded Co-Sponsor Rep. Terra Costa Howard
  2/26/2021HouseAdded Co-Sponsor Rep. Anne Stava-Murray
  3/1/2021HouseAdded Co-Sponsor Rep. Kelly M. Cassidy
  3/9/2021HouseAdded Co-Sponsor Rep. Deb Conroy
  3/9/2021HouseAssigned to Prescription Drug Affordability & Accessibility Committee
  3/11/2021HouseAdded Co-Sponsor Rep. Kambium Buckner
  3/26/2021HouseAdded Chief Co-Sponsor Rep. Dagmara Avelar
  3/26/2021HouseAdded Co-Sponsor Rep. Michelle Mussman
  3/27/2021HouseRule 19(a) / Re-referred to Rules Committee
  1/11/2022HouseAssigned to Prescription Drug Affordability & Accessibility Committee
  1/26/2022HouseAdded Chief Co-Sponsor Rep. Tom Demmer
  1/27/2022HouseAdded Co-Sponsor Rep. Robert Rita
  1/31/2022HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Jennifer Gong-Gershowitz
  1/31/2022HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  2/1/2022HouseAdded Co-Sponsor Rep. Ryan Spain
  2/2/2022HouseAdded Co-Sponsor Rep. Robyn Gabel
  2/3/2022HouseAdded Co-Sponsor Rep. Ann M. Williams
  2/7/2022HouseAdded Co-Sponsor Rep. Lawrence Walsh, Jr.
  2/7/2022HouseAdded Co-Sponsor Rep. Anthony DeLuca
  2/8/2022HouseHouse Committee Amendment No. 1 Rules Refers to Prescription Drug Affordability & Accessibility Committee
  2/9/2022HouseHouse Committee Amendment No. 1 Adopted in Prescription Drug Affordability & Accessibility Committee; by Voice Vote
  2/9/2022HouseDo Pass as Amended / Short Debate Prescription Drug Affordability & Accessibility Committee; 015-002-000
  2/9/2022HouseAdded Co-Sponsor Rep. Martin McLaughlin
  2/10/2022HouseAdded Co-Sponsor Rep. Joyce Mason
  2/10/2022HouseAdded Co-Sponsor Rep. Mark Luft
  2/15/2022HousePlaced on Calendar 2nd Reading - Short Debate
  2/15/2022HouseAdded Co-Sponsor Rep. Jaime M. Andrade, Jr.
  2/16/2022HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Jennifer Gong-Gershowitz
  2/16/2022HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  2/17/2022HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000
  2/22/2022HouseSecond Reading - Short Debate
  2/22/2022HouseHouse Floor Amendment No. 2 Adopted
  2/22/2022HousePlaced on Calendar Order of 3rd Reading - Short Debate
  2/23/2022HouseThird Reading - Short Debate - Passed 096-013-000
  2/23/2022SenateArrive in Senate
  2/23/2022SenatePlaced on Calendar Order of First Reading
  2/23/2022SenateChief Senate Sponsor Sen. Laura Fine
  2/23/2022SenateAdded as Alternate Chief Co-Sponsor Sen. Antonio Muñoz
  2/23/2022SenateFirst Reading
  2/23/2022SenateReferred to Assignments
  3/2/2022SenateAssigned to Executive
  3/16/2022SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Laura Fine
  3/16/2022SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/18/2022SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Laura Fine
  3/18/2022SenateSenate Committee Amendment No. 2 Referred to Assignments
  3/22/2022SenateSenate Committee Amendment No. 1 Assignments Refers to Executive
  3/22/2022SenateSenate Committee Amendment No. 2 Assignments Refers to Executive
  3/23/2022SenateSenate Committee Amendment No. 1 Adopted
  3/23/2022SenateSenate Committee Amendment No. 2 Adopted
  3/23/2022SenateDo Pass as Amended Executive; 016-000-000
  3/23/2022SenatePlaced on Calendar Order of 2nd Reading
  3/23/2022SenateSecond Reading
  3/23/2022SenatePlaced on Calendar Order of 3rd Reading March 24, 2022
  3/25/2022SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Laura Fine
  3/25/2022SenateSenate Floor Amendment No. 3 Referred to Assignments
  3/28/2022SenateSenate Floor Amendment No. 3 Assignments Refers to Executive
  3/30/2022SenateSenate Floor Amendment No. 3 Recommend Do Adopt Executive; 015-000-000
  3/31/2022SenateAdded as Alternate Co-Sponsor Sen. Ann Gillespie
  3/31/2022SenateAdded as Alternate Chief Co-Sponsor Sen. Sara Feigenholtz
  3/31/2022SenateAdded as Alternate Chief Co-Sponsor Sen. Patricia Van Pelt
  3/31/2022SenateAdded as Alternate Co-Sponsor Sen. Laura Ellman
  3/31/2022SenateRecalled to Second Reading
  3/31/2022SenateSenate Floor Amendment No. 3 Adopted; Fine
  3/31/2022SenatePlaced on Calendar Order of 3rd Reading
  3/31/2022SenateThird Reading - Passed; 046-002-000
  3/31/2022HouseArrived in House
  3/31/2022HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1, 2, 3
  4/1/2022HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Jennifer Gong-Gershowitz
  4/1/2022HouseSenate Committee Amendment No. 2 Motion Filed Concur Rep. Jennifer Gong-Gershowitz
  4/1/2022HouseSenate Floor Amendment No. 3 Motion Filed Concur Rep. Jennifer Gong-Gershowitz
  4/1/2022HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  4/1/2022HouseSenate Committee Amendment No. 2 Motion to Concur Referred to Rules Committee
  4/1/2022HouseSenate Floor Amendment No. 3 Motion to Concur Referred to Rules Committee
  4/6/2022HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 003-001-000
  4/6/2022HouseSenate Committee Amendment No. 2 Motion to Concur Recommends Be Adopted Rules Committee; 003-001-000
  4/6/2022HouseSenate Floor Amendment No. 3 Motion to Concur Recommends Be Adopted Rules Committee; 003-001-000
  4/7/2022HouseSenate Committee Amendment No. 1 House Concurs 095-014-000
  4/7/2022HouseSenate Committee Amendment No. 2 House Concurs 095-014-000
  4/7/2022HouseSenate Floor Amendment No. 3 House Concurs 095-014-000
  4/7/2022HouseHouse Concurs
  4/7/2022HouseMotion Filed to Reconsider Vote Rep. Daniel Didech
  4/13/2022HouseMotion to Reconsider Vote - Withdrawn Rep. Daniel Didech
  4/13/2022HousePassed Both Houses
  4/22/2022SenateAdded as Alternate Co-Sponsor Sen. Jacqueline Y. Collins
  5/12/2022HouseSent to the Governor
  6/10/2022HouseGovernor Approved
  6/10/2022HouseEffective Date June 10, 2022
  6/10/2022HousePublic Act . . . . . . . . . 102-1055

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