Illinois General Assembly - Full Text of HB1780
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Full Text of HB1780  102nd General Assembly

HB1780 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1780

 

Introduced 2/17/2021, by Rep. Jennifer Gong-Gershowitz

 

SYNOPSIS AS INTRODUCED:
 
New Act
5 ILCS 140/7  from Ch. 116, par. 207

    Provides that the Act may be cited as 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. Provides civil penalties. Contains other provisions. Amends the Freedom of Information Act. Provides that proprietary information submitted to the Environmental Protection Agency under the Pharmaceutical Recovery Act is exempt from inspection and copying under the Act. Preempts home rule. Contains other provisions. Effective immediately.


LRB102 13555 CPF 18902 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1780LRB102 13555 CPF 18902 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Drug
5Take-Back Act.
 
6    Section 5. Findings. The General Assembly finds that:
7        (1) A safe system for the collection and disposal of
8    unused, unwanted, and expired medicines is a key element
9    of a comprehensive strategy to prevent prescription drug
10    abuse and pharmaceutical pollution. Home medicine cabinets
11    are full of unused and expired prescription drugs, only a
12    fraction of which get disposed of properly.
13        (2) Storing unused, unwanted, or expired medicines can
14    lead to accidental poisoning, drug abuse, and even drug
15    trafficking, but disposing of medicines by flushing them
16    down the toilet or placing them in the garbage can
17    contaminate groundwater and other bodies of water,
18    contributing to long-term harm to the environment and
19    animal life.
20        (3) Manufacturers of these drugs hold the ultimate
21    responsibility for the lasting impacts of the drugs they
22    produce.
23        (4) The General Assembly therefore finds that it is in

 

 

HB1780- 2 -LRB102 13555 CPF 18902 b

1    the interest of public health and environmental protection
2    to establish a single, uniform, statewide system of
3    regulation for safe and secure collection and disposal of
4    medicines through a uniform drug "take-back" program
5    operated and funded by drug manufacturers.
 
6    Section 10. Definitions. In this Act:
7    "Agency" means the Environmental Protection Agency.
8    "Authorized collector" means any of the following who
9elect to collect covered drugs through participation in a
10pharmaceutical drug take-back program:
11        (1) a person who is registered with the United States
12    Drug Enforcement Administration to collect controlled
13    substances for the purpose of destruction;
14        (2) a law enforcement agency;
15        (3) a unit of local government working in conjunction
16    with a law enforcement agency; or
17        (4) a person authorized by the Agency to provide
18    alternative collection methods for a covered drug that is
19    not a controlled substance.
20    "Collection site" means the location where an authorized
21collector collects covered drugs as part of a drug take-back
22program under this Act.
23    "Consumer" means a person who possesses a covered drug for
24personal use or for the use of a member of the person's
25household.

 

 

HB1780- 3 -LRB102 13555 CPF 18902 b

1    "Covered drug" means a legend drug, nonlegend drug, brand
2name drug, or generic drug. "Covered drug" does not include:
3        (1) a dietary supplement as defined by 21 U.S.C. 321
4    (ff);
5        (2) drugs that are defined as Schedule I controlled
6    substances under the Illinois Controlled Substances Act;
7        (3) personal care products, including, but not limited
8    to, cosmetics, shampoos, sunscreens, lip balms,
9    toothpastes, and antiperspirants, that are regulated as
10    both cosmetics and nonprescription drugs under the federal
11    Food, Drug, and Cosmetic Act, 21 U.S.C. 301.
12        (4) drugs for which manufacturers provide a
13    pharmaceutical product stewardship or drug take-back
14    program as part of a federal managed risk evaluation and
15    mitigation strategy under 21 U.S.C. 355-1;
16        (5) biological drug products, as defined by 42 U.S.C.
17    262(i)(l);
18        (6) drugs that are administered in a clinical setting;
19        (7) emptied injector products or emptied medical
20    devices and their component parts or accessories;
21        (8) needles or sharps;
22        (9) pet pesticide products contained in pet collars,
23    powders, shampoos, topical applications, or other forms;
24    or
25        (10) dialysate drugs or other saline solutions
26    required to perform kidney dialysis.

 

 

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1    "Covered manufacturer" means a manufacturer, distributor,
2or licensed wholesale drug distributor, as defined in the
3Wholesale Drug Distribution Licensing Act, of a covered drug
4that is sold or offered for sale in Illinois. "Covered
5manufacturer" does not include:
6        (1) a private label distributor of a covered drug, or
7    a pharmacy that sells a covered drug under the pharmacy's
8    store label, if the manufacturer of the covered drug is
9    identified under Section 20;
10        (2) a pharmacy chain that is licensed as a wholesale
11    drug distributor under the Wholesale Drug Distribution
12    Licensing Act, if it engages in intracompany transfers of
13    covered drugs between any division, affiliate, subsidiary,
14    parent, or other entity under complete common ownership or
15    control, or if the manufacturer of the covered drug
16    distributed at wholesale is identified under Section 20;
17        (3) a repackager of a covered drug, if the
18    manufacturer of the drug is identified under Section 20,
19    or if the repackager is a pharmacy chain that engages in
20    intracompany transfers of the covered drug between any
21    division, affiliate, subsidiary, parent, or other entity
22    under complete common ownership or control; or
23        (4) a health care corporation exempt from taxation
24    under Section 501(c)(3) of the federal Internal Revenue
25    Code of 1986 that repackages covered drugs solely for the
26    purpose of supplying the drugs to facilities or pharmacies

 

 

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1    operated by the corporation or an affiliate of the
2    corporation, if the manufacturer of the drug is identified
3    under Section 20.
4    "Drug" means an article:
5        (1) recognized in the official United States
6    Pharmacopoeia, National Formulary, Homeopathic
7    Pharmacopoeia of the United States, or any supplement to
8    any of those sources;
9        (2) intended for use in the diagnosis, cure,
10    mitigation, treatment or prevention of disease in human
11    beings or animals;
12        (3) other than food and that is intended to affect the
13    structure or any function of the body of human beings or
14    animals; or
15        (4) intended for use as a component of any article
16    specified in paragraph (1), (2) or (3), but not devices or
17    their components, parts or accessories.
18    "Drug take-back program" means a program implemented under
19this Act by a manufacturer program operator for the
20collection, transportation, and disposal of covered drugs by
21consumers.
22    "Generic drug" means a drug that is chemically identical
23or bioequivalent to a brand name drug in dosage, form, safety,
24strength, route of administration, quality, performance
25characteristics, and intended use. The inactive ingredients in
26a generic drug need not be identical to the inactive

 

 

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1ingredients in the chemically identical or bioequivalent brand
2name drug.
3    "Legend drug" means a drug limited by the federal Food,
4Drug, and Cosmetic Act to being dispensed by or upon a medical
5practitioner's prescription because the drug is:
6        (1) habit forming;
7        (2) toxic or having potential for harm; or
8        (3) limited by the new drug application for the drug
9    to use only under a medical practitioner's supervision.
10    "Manufacturer program operator" means a covered
11manufacturer, a group of covered manufacturers, or an entity
12acting on behalf of a covered manufacturer or group of covered
13manufacturers, that implements a drug take-back program.
14    "Medical practitioner" means any person licensed to
15practice medicine in all its branches in the State.
16    "Nonlegend drug" means a drug that does not require
17dispensing by prescription and which is not restricted to use
18by practitioners only.
19    "Person" means any individual, partnership,
20co-partnership, firm, company, limited liability company,
21corporation, association, joint stock company, trust, estate,
22political subdivision, State agency, or any other legal
23entity, or their legal representative, agent, or assign.
24    "Pharmacy" has the meaning provided in Section 3 of the
25Pharmacy Practice Act.
26    "Prescription drug" means a drug that is required under

 

 

HB1780- 7 -LRB102 13555 CPF 18902 b

1State or federal law to be dispensed with a prescription or
2that is restricted to use by medical practitioners only.
3     "Proprietary information" means information that is all
4of the following:
5        (1) submitted under this Act;
6        (2) a trade secret or commercial or financial
7    information that is privileged or confidential and is
8    identified as such by the person providing the
9    information; and
10        (3) not required to be disclosed under any other law
11    or any regulation affecting a covered product, covered
12    manufacturer, or pharmacy.
 
13    Section 15. Participation in a drug take-back program.
14Each covered manufacturer must, no later than July 1, 2022 or 6
15months after becoming a covered manufacturer, whichever is
16later, participate in an approved drug take-back program or
17have established and implemented a drug take-back program that
18complies with the requirements of this Act. A covered
19manufacturer must establish, fund, and implement a drug
20take-back program independently or as part of a group of
21covered manufacturers.
 
22    Section 20. Identification of covered manufacturers.
23    (a) No later than April 1, 2022, each pharmacy, private
24label distributor, and repackager that sells or offers for

 

 

HB1780- 8 -LRB102 13555 CPF 18902 b

1sale in Illinois, under its own label, a covered drug must
2provide written notification to the Agency identifying the
3covered manufacturer from which the covered drug is obtained.
4    (b) All covered manufacturers of covered drugs sold or
5offered for sale in Illinois must register with the Agency and
6pay to the Agency the annual registration fee set forth under
7Section 60.
 
8    Section 25. Drug take-back program requirements.
9    (a) At least 120 days prior to submitting a proposal under
10Section 35, a manufacturer program operator must notify
11potential authorized collectors of the opportunity to serve as
12an authorized collector for the proposed drug take-back
13program. No later than 30 days after a potential authorized
14collector expresses interest in participating in a proposed
15program, the manufacturer program operator must commence good
16faith negotiations with the potential authorized collector
17regarding the collector's participation in the program.
18    (b) A person may serve as an authorized collector for a
19drug take-back program voluntarily or in exchange for
20compensation. Nothing in this Act requires any person to serve
21as an authorized collector for a drug take-back program.
22    (c) A pharmacy shall not be required to participate in a
23drug take-back program.
24    (d) A drug take-back program must include as a collector
25any entity that (i) is an authorized collector and (ii) offers

 

 

HB1780- 9 -LRB102 13555 CPF 18902 b

1to participate in the program. The manufacturer program
2operator must include the entity in the program as a collector
3no later than 90 days after receiving a written offer to
4participate.
5    (e) A drug take-back program must pay for all
6administrative and operational costs of the drug take-back
7program, as outlined in subsection (a) of Section 55.
8    (f) An authorized collector operating a drug take-back
9program collection site must accept all covered drugs from
10consumers during the hours that the location used as a
11collection site is normally open for business to the public.
12    (g) A drug take-back program collection site must collect
13covered drugs and store them in compliance with State and
14federal law, including United States Drug Enforcement
15Administration regulations. The manufacturer program operator
16must provide for transportation and disposal of collected
17covered drugs in a manner that ensures each collection site is
18serviced as often as necessary to avoid reaching capacity and
19that collected covered drugs are transported to final disposal
20in a manner consistent with State and federal law, including a
21process for additional prompt collection service upon
22notification from the collection site. Covered drugs shall be
23disposed of at a permitted hazardous waste facility that meets
24the requirements under 40 CFR 264 and 40 CFR 265 or a permitted
25municipal waste incinerator that meets the requirements under
2640 CFR 50 and 40 CFR 62.

 

 

HB1780- 10 -LRB102 13555 CPF 18902 b

1    (h) Authorized collectors must comply with all State and
2federal laws and regulations governing the collection,
3storage, and disposal of covered drugs, including United
4States Drug Enforcement Administration regulations.
5    (i) A drug take-back program's collection system must be
6on an ongoing, year-round basis and must provide access for
7residents across the State.
8    (j) A drug take-back program shall provide, in every
9county with a potential authorized collector, one collection
10site and a minimum of at least one additional collection site
11for every 10,000 county residents at each location of the
12potential authorized collector, provided that there are enough
13authorized collectors offering to participate in the drug
14take-back program.
15    All authorized collection sites that offer to participate
16in a drug take-back program or that offer their own drug
17take-back program shall be counted towards meeting the minimum
18number of collection sites within a drug take-back program.
19    (k) Each manufacturer program operator shall provide a
20plan to the Agency that states the number and locations of
21mail-back distribution locations or the frequency and
22locations of periodic collection events for each county in the
23State. The manufacturer program operator shall consult with
24each county authority identified in the written notice prior
25to preparing the plan to determine the role that mail-back
26distribution locations or periodic collection events will have

 

 

HB1780- 11 -LRB102 13555 CPF 18902 b

1in the drug take-back program.
2    The Agency shall approve the plan if the number and
3locations of mail-back distribution locations or the frequency
4and locations of periodic collection events provide convenient
5service.
6    The requirement to hold periodic collection events shall
7be deemed to be satisfied if a manufacturer program operator
8makes reasonable efforts to arrange periodic collection events
9but they cannot be scheduled due to lack of law enforcement
10availability.
11    A manufacturer program operator must permit an ultimate
12user who is a homeless, homebound, or disabled individual to
13request prepaid, preaddressed mailing envelopes. A
14manufacturer program operator shall accept the request through
15a website and toll-free telephone number that it must maintain
16to comply with the requests.
 
17    Section 30. Manufacturer program operator requirements. A
18manufacturer program operator shall:
19        (1) Adopt policies and procedures to be followed by
20    persons handling covered drugs collected under the program
21    to ensure compliance with State and federal laws, rules,
22    and regulations, including regulations adopted by the
23    United States Drug Enforcement Administration.
24        (2) Ensure the security of patient information on drug
25    packaging during collection, transportation, recycling,

 

 

HB1780- 12 -LRB102 13555 CPF 18902 b

1    and disposal.
2        (3) Promote the program by providing consumers,
3    pharmacies, and other entities with educational and
4    informational materials as required under Section 45.
5        (4) Consider:
6            (A) the use of existing providers of
7        pharmaceutical waste transportation and disposal
8        services;
9            (B) separation of covered drugs from packaging to
10        reduce transportation and disposal costs; and
11            (C) recycling of drug packaging.
 
12    Section 35. Drug take-back program approval.
13    (a) By July 1, 2022, each manufacturer program operator
14must submit to the Agency for review and approval a proposal
15for the establishment and implementation of a drug take-back
16program. If the Agency receives more than one proposal for a
17drug take-back program, the Agency shall have the authority to
18ensure the proposals are coordinated to achieve an effective
19and efficient statewide program.
20    (b) The Agency shall approve a proposed program if the
21manufacturer program operator pays the program operator fee
22established under Section 60, the program fulfills the
23requirements under Section 25, and the manufacturer program
24operator submits the following information on forms prescribed
25by the Agency:

 

 

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1        (1) The identity and contact information for the
2    manufacturer program operator and each participating
3    covered manufacturer.
4        (2) The identity and contact information for the
5    authorized collectors contracting with a manufacturer
6    program operator under a drug take-back program.
7        (3) The identity of transporters and waste disposal
8    facilities that the program will use to transport and
9    dispose of collected covered drugs.
10        (4) The identity of all potential authorized
11    collectors that were notified of the opportunity to serve
12    as an authorized collector, including how they were
13    notified.
14    (c) The Agency shall either approve or reject the proposal
15in writing to the manufacturer program operator. If the Agency
16rejects the proposal, it shall provide the reason for
17rejection.
18    (d) No later than 90 days after receipt of a notice of
19rejection under subsection (c) of this Section, the
20manufacturer program operator shall submit a revised proposal
21to the Agency. Within 90 days of receipt of a revised proposal
22the Agency shall either approve or reject the revised proposal
23in writing to the manufacturer program operator.
24    (e) A manufacturer program operator must initiate
25operation of a drug take-back program meeting the requirements
26under Section 25 no later than December 1, 2022.
 

 

 

HB1780- 14 -LRB102 13555 CPF 18902 b

1    Section 40. Proposed changes or modifications to the
2approved manufacturer drug take-back program. A manufacturer
3program operator shall maintain records for 5 years of any
4proposed changes to an approved drug take-back program. These
5include, but are not limited to, changes in:
6        (1) participating covered manufacturers;
7        (2) collection methods;
8        (3) collection site locations; or
9        (4) contact information for the program operator or
10    collection sites.
 
11    Section 45. Drug take-back program promotion. Each drug
12take-back program must include a system of promotion,
13education, and public outreach about the proper collection and
14management of covered drugs. If there is more than one drug
15take-back program operated by more than one manufacturer
16program operator, the requirements of this Section shall be
17implemented using a single toll-free number and website and
18similar education, outreach, and promotional materials. This
19may include, but is not limited to, signage, written materials
20to be provided at the time of purchase or delivery of covered
21drugs, and advertising or other promotional materials. At a
22minimum, each program must do the following:
23        (1) Promote the proper collection and management of
24    covered drugs by residents before disposal through a drug

 

 

HB1780- 15 -LRB102 13555 CPF 18902 b

1    take-back program.
2        (2) Discourage residents from disposing of covered
3    drugs in household waste, sewers, or septic systems.
4        (3) Promote the use of the drug take-back program so
5    that where and how to return covered drugs is readily
6    understandable to residents.
7        (4) Maintain a toll-free telephone number and web site
8    publicizing collection options and collection sites, and
9    discouraging improper disposal practices for covered
10    drugs, such as disposal in household waste, sewers, or
11    septic systems.
12        (5) Prepare and distribute the educational and
13    outreach materials to program collection sites for
14    dissemination to consumers. The materials must use plain
15    language and explanatory images to make collection
16    services and discouraged disposal practices readily
17    understandable to all residents, including residents with
18    limited English proficiency.
19        (6) Promotional materials prepared and distributed in
20    conjunction with an approved drug take-back program under
21    this Section may not be used to promote in-home disposal
22    products of any kind, including, but not limited to,
23    in-home disposal products of authorized collectors
24    participating directly in a drug take-back program.
 
25    Section 50. Annual program report.

 

 

HB1780- 16 -LRB102 13555 CPF 18902 b

1    (a) By July 1st 2023, and each July 1st thereafter, a
2manufacturer program operator must submit to the Agency a
3report describing implementation of the drug take-back program
4during the previous calendar year. The report must include:
5        (1) a list of the covered manufacturers participating
6    in the drug take-back program during the prior year;
7        (2) the total amount, by weight, of covered drugs
8    collected and the amount, by weight, from each collection
9    method used during the prior years, reported by county;
10        (3) the total amount, by weight, of covered drugs
11    collected from each collection site during the prior year;
12        (4) the following details regarding the program's
13    collection system:
14            (A) a list of collection sites with addresses;
15            (B) collection sites where mailers were made
16        available to the public;
17            (C) dates and locations of collection events held;
18        and
19            (D) the transporters and disposal facility or
20        facilities used to dispose of the covered drugs
21        collected; and
22        (5) a description of the public education, outreach,
23    and evaluation activities implemented;
24        (6) a description of how collected packaging was
25    recycled to the extent feasible; and
26        (7) an evaluation of the program based on the

 

 

HB1780- 17 -LRB102 13555 CPF 18902 b

1    short-term and long-term goals established by the
2    manufacturer program operator in accordance with paragraph
3    (4) of Section 30.
 
4    Section 55. Manufacturer drug take-back program funding.
5    (a) A covered manufacturer or group of covered
6manufacturers must pay all administrative and operational
7costs associated with establishing and implementing the drug
8take-back program in which it participates. Such
9administrative and operational costs include, but are not
10limited to:
11        (1) collection and transportation supplies for each
12    collection site;
13        (2) purchase of collection receptacles for each
14    collection site;
15        (3) ongoing maintenance or replacement of collection
16    receptacles when requested by authorized collectors;
17        (4) costs related to prepaid, preaddressed mail;
18        (5) compensation of authorized collectors, if
19    applicable;
20        (6) operation of periodic collection events,
21    including, but not limited to, the cost of law enforcement
22    staff time;
23        (7) transportation of all collected covered drugs to
24    final disposal;
25        (8) proper disposal of all collected covered drugs in

 

 

HB1780- 18 -LRB102 13555 CPF 18902 b

1    compliance with State and federal laws, rules, and
2    regulations; and
3        (9) program promotion and outreach.
4    (b) A manufacturer program operator may allocate
5responsibility to covered manufacturers participating in the
6drug take-back program for the administration and operational
7costs of the programs identified under this Section. During a
8program year, as part of a manufacturer drug take-back program
9proposal submitted pursuant to Section 35, the manufacturer
10program operator shall identify the allocation methodology for
11the Agency's review and approval.
12    (c) If a manufacturer program operator does not identify
13and submit an allocation methodology in its proposal submitted
14pursuant to subsection (b), the Agency may set the appropriate
15fees each program year to fund the administration and
16operational costs of the manufacturer drug take-back program.
17    (d) A manufacturer program operator, covered manufacturer,
18authorized collector, or other person may not charge:
19        (1) a specific point-of-sale fee to consumers to
20    recoup the costs of a drug take-back program;
21        (2) a specific point-of-collection fee at the time
22    covered drugs are collected from a person; or
23        (3) an increase in the cost of covered drugs to recoup
24    the costs of a drug take-back program.
25    (e) A manufacturer program operator or covered
26manufacturer shall not charge any fee to an authorized

 

 

HB1780- 19 -LRB102 13555 CPF 18902 b

1collector or authorized collection site.
 
2    Section 60. Registration fee.
3    (a) By April 1, 2022, and by April 1 of each year
4thereafter, each covered manufacturer and manufacturer program
5operator shall submit to the Agency a $5,000 registration fee.
6    (b) All fees collected under this Section must be
7deposited in the Solid Waste Management Fund and used by the
8Agency to administer and enforce this Act.
 
9    Section 65. Rules; enforcement; penalties.
10    (a) The Agency may adopt any rules it deems necessary to
11implement and administer this Act.
12    (b) Except as otherwise provided in this Act, any person
13who violates any provision of this Act is liable for a civil
14penalty of $7,000 per violation per day, provided that the
15penalty for failure to register or pay a fee under this Act
16shall be double the applicable registration fee.
17    (c) The penalties provided for in this Section may be
18recovered in a civil action brought in the name of the People
19of the State of Illinois by the State's Attorney of the county
20in which the violation occurred or by the Attorney General.
21Any penalties collected under this Section in an action in
22which the Attorney General has prevailed shall be deposited in
23the Environmental Protection Trust Fund, to be used in
24accordance with the provisions of this Act.

 

 

HB1780- 20 -LRB102 13555 CPF 18902 b

1    (d) The Attorney General or the State's Attorney of a
2county in which a violation occurs may institute a civil
3action for an injunction, prohibitory or mandatory, to
4restrain violations of this Act or to require such actions as
5may be necessary to address violations of this Act.
6    (e) The Agency may impose a civil penalty for a violation
7of this Act of $7,000 per violation per day, plus any hearing
8costs incurred by the Agency. Such penalties shall be made
9payable to the Environmental Protection Trust Fund to be used
10in accordance with this Act.
11    (f) The penalties and injunctions provided in this Act are
12in addition to any penalties, injunctions, or other relief
13provided under any other law. Nothing in this Act bars a cause
14of action by the State for any other penalty, injunction, or
15other relief provided by any other law.
16    (g) Any person who knowingly makes a false, fictitious, or
17fraudulent material statement, orally or in writing, to the
18Agency, related to or required by this Act or any rule adopted
19under this Act commits a Class 4 felony, and each such
20statement or writing shall be considered a separate Class 4
21felony. A person who, after being convicted under this
22subsection (g), violates this subsection (g) a second or
23subsequent time, commits a Class 3 felony.
 
24    Section 70. Antitrust immunity. The activities authorized
25by this Act require collaboration among covered manufacturers

 

 

HB1780- 21 -LRB102 13555 CPF 18902 b

1and among authorized collectors. These activities will enable
2safe and secure collection and disposal of covered drugs in
3Illinois and are therefore in the best interest of the public.
4The benefits of collaboration, together with active State
5supervision, outweigh potential adverse impacts. Therefore,
6the General Assembly intends to exempt from State antitrust
7laws, and provide immunity through the state action doctrine
8from federal antitrust laws, activities that are undertaken
9pursuant to this Act that might otherwise be constrained by
10such laws. The General Assembly does not intend and does not
11authorize any person or entity to engage in activities not
12provided for by this Act, and the General Assembly neither
13exempts nor provides immunity for such activities.
 
14    Section 75. Public disclosure. The Agency shall only use
15and disclose proprietary information submitted to the Agency
16under this Act in summary or aggregated form that does not
17directly or indirectly identify financial, production, or
18sales data of an individual covered manufacturer, authorized
19collector, or pharmacy.
 
20    Section 90. Home rule. A home rule municipality may not
21regulate drug take-back programs in a manner inconsistent with
22the regulation by the State of drug take-back programs under
23this Act. This Section is a limitation under subsection (i) of
24Section 6 of Article VII of the Illinois Constitution on the

 

 

HB1780- 22 -LRB102 13555 CPF 18902 b

1concurrent exercise by home rule units of powers and functions
2exercised by the State.
 
3    Section 95. The Freedom of Information Act is amended by
4changing Section 7 as follows:
 
5    (5 ILCS 140/7)  (from Ch. 116, par. 207)
6    Sec. 7. Exemptions.
7    (1) When a request is made to inspect or copy a public
8record that contains information that is exempt from
9disclosure under this Section, but also contains information
10that is not exempt from disclosure, the public body may elect
11to redact the information that is exempt. The public body
12shall make the remaining information available for inspection
13and copying. Subject to this requirement, the following shall
14be exempt from inspection and copying:
15        (a) Information specifically prohibited from
16    disclosure by federal or State law or rules and
17    regulations implementing federal or State law.
18        (b) Private information, unless disclosure is required
19    by another provision of this Act, a State or federal law or
20    a court order.
21        (b-5) Files, documents, and other data or databases
22    maintained by one or more law enforcement agencies and
23    specifically designed to provide information to one or
24    more law enforcement agencies regarding the physical or

 

 

HB1780- 23 -LRB102 13555 CPF 18902 b

1    mental status of one or more individual subjects.
2        (c) Personal information contained within public
3    records, the disclosure of which would constitute a
4    clearly unwarranted invasion of personal privacy, unless
5    the disclosure is consented to in writing by the
6    individual subjects of the information. "Unwarranted
7    invasion of personal privacy" means the disclosure of
8    information that is highly personal or objectionable to a
9    reasonable person and in which the subject's right to
10    privacy outweighs any legitimate public interest in
11    obtaining the information. The disclosure of information
12    that bears on the public duties of public employees and
13    officials shall not be considered an invasion of personal
14    privacy.
15        (d) Records in the possession of any public body
16    created in the course of administrative enforcement
17    proceedings, and any law enforcement or correctional
18    agency for law enforcement purposes, but only to the
19    extent that disclosure would:
20            (i) interfere with pending or actually and
21        reasonably contemplated law enforcement proceedings
22        conducted by any law enforcement or correctional
23        agency that is the recipient of the request;
24            (ii) interfere with active administrative
25        enforcement proceedings conducted by the public body
26        that is the recipient of the request;

 

 

HB1780- 24 -LRB102 13555 CPF 18902 b

1            (iii) create a substantial likelihood that a
2        person will be deprived of a fair trial or an impartial
3        hearing;
4            (iv) unavoidably disclose the identity of a
5        confidential source, confidential information
6        furnished only by the confidential source, or persons
7        who file complaints with or provide information to
8        administrative, investigative, law enforcement, or
9        penal agencies; except that the identities of
10        witnesses to traffic accidents, traffic accident
11        reports, and rescue reports shall be provided by
12        agencies of local government, except when disclosure
13        would interfere with an active criminal investigation
14        conducted by the agency that is the recipient of the
15        request;
16            (v) disclose unique or specialized investigative
17        techniques other than those generally used and known
18        or disclose internal documents of correctional
19        agencies related to detection, observation or
20        investigation of incidents of crime or misconduct, and
21        disclosure would result in demonstrable harm to the
22        agency or public body that is the recipient of the
23        request;
24            (vi) endanger the life or physical safety of law
25        enforcement personnel or any other person; or
26            (vii) obstruct an ongoing criminal investigation

 

 

HB1780- 25 -LRB102 13555 CPF 18902 b

1        by the agency that is the recipient of the request.
2        (d-5) A law enforcement record created for law
3    enforcement purposes and contained in a shared electronic
4    record management system if the law enforcement agency
5    that is the recipient of the request did not create the
6    record, did not participate in or have a role in any of the
7    events which are the subject of the record, and only has
8    access to the record through the shared electronic record
9    management system.
10        (e) Records that relate to or affect the security of
11    correctional institutions and detention facilities.
12        (e-5) Records requested by persons committed to the
13    Department of Corrections, Department of Human Services
14    Division of Mental Health, or a county jail if those
15    materials are available in the library of the correctional
16    institution or facility or jail where the inmate is
17    confined.
18        (e-6) Records requested by persons committed to the
19    Department of Corrections, Department of Human Services
20    Division of Mental Health, or a county jail if those
21    materials include records from staff members' personnel
22    files, staff rosters, or other staffing assignment
23    information.
24        (e-7) Records requested by persons committed to the
25    Department of Corrections or Department of Human Services
26    Division of Mental Health if those materials are available

 

 

HB1780- 26 -LRB102 13555 CPF 18902 b

1    through an administrative request to the Department of
2    Corrections or Department of Human Services Division of
3    Mental Health.
4        (e-8) Records requested by a person committed to the
5    Department of Corrections, Department of Human Services
6    Division of Mental Health, or a county jail, the
7    disclosure of which would result in the risk of harm to any
8    person or the risk of an escape from a jail or correctional
9    institution or facility.
10        (e-9) Records requested by a person in a county jail
11    or committed to the Department of Corrections or
12    Department of Human Services Division of Mental Health,
13    containing personal information pertaining to the person's
14    victim or the victim's family, including, but not limited
15    to, a victim's home address, home telephone number, work
16    or school address, work telephone number, social security
17    number, or any other identifying information, except as
18    may be relevant to a requester's current or potential case
19    or claim.
20        (e-10) Law enforcement records of other persons
21    requested by a person committed to the Department of
22    Corrections, Department of Human Services Division of
23    Mental Health, or a county jail, including, but not
24    limited to, arrest and booking records, mug shots, and
25    crime scene photographs, except as these records may be
26    relevant to the requester's current or potential case or

 

 

HB1780- 27 -LRB102 13555 CPF 18902 b

1    claim.
2        (f) Preliminary drafts, notes, recommendations,
3    memoranda and other records in which opinions are
4    expressed, or policies or actions are formulated, except
5    that a specific record or relevant portion of a record
6    shall not be exempt when the record is publicly cited and
7    identified by the head of the public body. The exemption
8    provided in this paragraph (f) extends to all those
9    records of officers and agencies of the General Assembly
10    that pertain to the preparation of legislative documents.
11        (g) Trade secrets and commercial or financial
12    information obtained from a person or business where the
13    trade secrets or commercial or financial information are
14    furnished under a claim that they are proprietary,
15    privileged, or confidential, and that disclosure of the
16    trade secrets or commercial or financial information would
17    cause competitive harm to the person or business, and only
18    insofar as the claim directly applies to the records
19    requested.
20        The information included under this exemption includes
21    all trade secrets and commercial or financial information
22    obtained by a public body, including a public pension
23    fund, from a private equity fund or a privately held
24    company within the investment portfolio of a private
25    equity fund as a result of either investing or evaluating
26    a potential investment of public funds in a private equity

 

 

HB1780- 28 -LRB102 13555 CPF 18902 b

1    fund. The exemption contained in this item does not apply
2    to the aggregate financial performance information of a
3    private equity fund, nor to the identity of the fund's
4    managers or general partners. The exemption contained in
5    this item does not apply to the identity of a privately
6    held company within the investment portfolio of a private
7    equity fund, unless the disclosure of the identity of a
8    privately held company may cause competitive harm.
9        Nothing contained in this paragraph (g) shall be
10    construed to prevent a person or business from consenting
11    to disclosure.
12        (h) Proposals and bids for any contract, grant, or
13    agreement, including information which if it were
14    disclosed would frustrate procurement or give an advantage
15    to any person proposing to enter into a contractor
16    agreement with the body, until an award or final selection
17    is made. Information prepared by or for the body in
18    preparation of a bid solicitation shall be exempt until an
19    award or final selection is made.
20        (i) Valuable formulae, computer geographic systems,
21    designs, drawings and research data obtained or produced
22    by any public body when disclosure could reasonably be
23    expected to produce private gain or public loss. The
24    exemption for "computer geographic systems" provided in
25    this paragraph (i) does not extend to requests made by
26    news media as defined in Section 2 of this Act when the

 

 

HB1780- 29 -LRB102 13555 CPF 18902 b

1    requested information is not otherwise exempt and the only
2    purpose of the request is to access and disseminate
3    information regarding the health, safety, welfare, or
4    legal rights of the general public.
5        (j) The following information pertaining to
6    educational matters:
7            (i) test questions, scoring keys and other
8        examination data used to administer an academic
9        examination;
10            (ii) information received by a primary or
11        secondary school, college, or university under its
12        procedures for the evaluation of faculty members by
13        their academic peers;
14            (iii) information concerning a school or
15        university's adjudication of student disciplinary
16        cases, but only to the extent that disclosure would
17        unavoidably reveal the identity of the student; and
18            (iv) course materials or research materials used
19        by faculty members.
20        (k) Architects' plans, engineers' technical
21    submissions, and other construction related technical
22    documents for projects not constructed or developed in
23    whole or in part with public funds and the same for
24    projects constructed or developed with public funds,
25    including, but not limited to, power generating and
26    distribution stations and other transmission and

 

 

HB1780- 30 -LRB102 13555 CPF 18902 b

1    distribution facilities, water treatment facilities,
2    airport facilities, sport stadiums, convention centers,
3    and all government owned, operated, or occupied buildings,
4    but only to the extent that disclosure would compromise
5    security.
6        (l) Minutes of meetings of public bodies closed to the
7    public as provided in the Open Meetings Act until the
8    public body makes the minutes available to the public
9    under Section 2.06 of the Open Meetings Act.
10        (m) Communications between a public body and an
11    attorney or auditor representing the public body that
12    would not be subject to discovery in litigation, and
13    materials prepared or compiled by or for a public body in
14    anticipation of a criminal, civil, or administrative
15    proceeding upon the request of an attorney advising the
16    public body, and materials prepared or compiled with
17    respect to internal audits of public bodies.
18        (n) Records relating to a public body's adjudication
19    of employee grievances or disciplinary cases; however,
20    this exemption shall not extend to the final outcome of
21    cases in which discipline is imposed.
22        (o) Administrative or technical information associated
23    with automated data processing operations, including, but
24    not limited to, software, operating protocols, computer
25    program abstracts, file layouts, source listings, object
26    modules, load modules, user guides, documentation

 

 

HB1780- 31 -LRB102 13555 CPF 18902 b

1    pertaining to all logical and physical design of
2    computerized systems, employee manuals, and any other
3    information that, if disclosed, would jeopardize the
4    security of the system or its data or the security of
5    materials exempt under this Section.
6        (p) Records relating to collective negotiating matters
7    between public bodies and their employees or
8    representatives, except that any final contract or
9    agreement shall be subject to inspection and copying.
10        (q) Test questions, scoring keys, and other
11    examination data used to determine the qualifications of
12    an applicant for a license or employment.
13        (r) The records, documents, and information relating
14    to real estate purchase negotiations until those
15    negotiations have been completed or otherwise terminated.
16    With regard to a parcel involved in a pending or actually
17    and reasonably contemplated eminent domain proceeding
18    under the Eminent Domain Act, records, documents, and
19    information relating to that parcel shall be exempt except
20    as may be allowed under discovery rules adopted by the
21    Illinois Supreme Court. The records, documents, and
22    information relating to a real estate sale shall be exempt
23    until a sale is consummated.
24        (s) Any and all proprietary information and records
25    related to the operation of an intergovernmental risk
26    management association or self-insurance pool or jointly

 

 

HB1780- 32 -LRB102 13555 CPF 18902 b

1    self-administered health and accident cooperative or pool.
2    Insurance or self insurance (including any
3    intergovernmental risk management association or self
4    insurance pool) claims, loss or risk management
5    information, records, data, advice or communications.
6        (t) Information contained in or related to
7    examination, operating, or condition reports prepared by,
8    on behalf of, or for the use of a public body responsible
9    for the regulation or supervision of financial
10    institutions, insurance companies, or pharmacy benefit
11    managers, unless disclosure is otherwise required by State
12    law.
13        (u) Information that would disclose or might lead to
14    the disclosure of secret or confidential information,
15    codes, algorithms, programs, or private keys intended to
16    be used to create electronic or digital signatures under
17    the Electronic Commerce Security Act.
18        (v) Vulnerability assessments, security measures, and
19    response policies or plans that are designed to identify,
20    prevent, or respond to potential attacks upon a
21    community's population or systems, facilities, or
22    installations, the destruction or contamination of which
23    would constitute a clear and present danger to the health
24    or safety of the community, but only to the extent that
25    disclosure could reasonably be expected to jeopardize the
26    effectiveness of the measures or the safety of the

 

 

HB1780- 33 -LRB102 13555 CPF 18902 b

1    personnel who implement them or the public. Information
2    exempt under this item may include such things as details
3    pertaining to the mobilization or deployment of personnel
4    or equipment, to the operation of communication systems or
5    protocols, or to tactical operations.
6        (w) (Blank).
7        (x) Maps and other records regarding the location or
8    security of generation, transmission, distribution,
9    storage, gathering, treatment, or switching facilities
10    owned by a utility, by a power generator, or by the
11    Illinois Power Agency.
12        (y) Information contained in or related to proposals,
13    bids, or negotiations related to electric power
14    procurement under Section 1-75 of the Illinois Power
15    Agency Act and Section 16-111.5 of the Public Utilities
16    Act that is determined to be confidential and proprietary
17    by the Illinois Power Agency or by the Illinois Commerce
18    Commission.
19        (z) Information about students exempted from
20    disclosure under Sections 10-20.38 or 34-18.29 of the
21    School Code, and information about undergraduate students
22    enrolled at an institution of higher education exempted
23    from disclosure under Section 25 of the Illinois Credit
24    Card Marketing Act of 2009.
25        (aa) Information the disclosure of which is exempted
26    under the Viatical Settlements Act of 2009.

 

 

HB1780- 34 -LRB102 13555 CPF 18902 b

1        (bb) Records and information provided to a mortality
2    review team and records maintained by a mortality review
3    team appointed under the Department of Juvenile Justice
4    Mortality Review Team Act.
5        (cc) Information regarding interments, entombments, or
6    inurnments of human remains that are submitted to the
7    Cemetery Oversight Database under the Cemetery Care Act or
8    the Cemetery Oversight Act, whichever is applicable.
9        (dd) Correspondence and records (i) that may not be
10    disclosed under Section 11-9 of the Illinois Public Aid
11    Code or (ii) that pertain to appeals under Section 11-8 of
12    the Illinois Public Aid Code.
13        (ee) The names, addresses, or other personal
14    information of persons who are minors and are also
15    participants and registrants in programs of park
16    districts, forest preserve districts, conservation
17    districts, recreation agencies, and special recreation
18    associations.
19        (ff) The names, addresses, or other personal
20    information of participants and registrants in programs of
21    park districts, forest preserve districts, conservation
22    districts, recreation agencies, and special recreation
23    associations where such programs are targeted primarily to
24    minors.
25        (gg) Confidential information described in Section
26    1-100 of the Illinois Independent Tax Tribunal Act of

 

 

HB1780- 35 -LRB102 13555 CPF 18902 b

1    2012.
2        (hh) The report submitted to the State Board of
3    Education by the School Security and Standards Task Force
4    under item (8) of subsection (d) of Section 2-3.160 of the
5    School Code and any information contained in that report.
6        (ii) Records requested by persons committed to or
7    detained by the Department of Human Services under the
8    Sexually Violent Persons Commitment Act or committed to
9    the Department of Corrections under the Sexually Dangerous
10    Persons Act if those materials: (i) are available in the
11    library of the facility where the individual is confined;
12    (ii) include records from staff members' personnel files,
13    staff rosters, or other staffing assignment information;
14    or (iii) are available through an administrative request
15    to the Department of Human Services or the Department of
16    Corrections.
17        (jj) Confidential information described in Section
18    5-535 of the Civil Administrative Code of Illinois.
19        (kk) The public body's credit card numbers, debit card
20    numbers, bank account numbers, Federal Employer
21    Identification Number, security code numbers, passwords,
22    and similar account information, the disclosure of which
23    could result in identity theft or impression or defrauding
24    of a governmental entity or a person.
25        (ll) (kk) Records concerning the work of the threat
26    assessment team of a school district.

 

 

HB1780- 36 -LRB102 13555 CPF 18902 b

1        (mm) Proprietary information submitted to the
2    Environmental Protection Agency under the Drug Take-Back
3    Act.
4    (1.5) Any information exempt from disclosure under the
5Judicial Privacy Act shall be redacted from public records
6prior to disclosure under this Act.
7    (2) A public record that is not in the possession of a
8public body but is in the possession of a party with whom the
9agency has contracted to perform a governmental function on
10behalf of the public body, and that directly relates to the
11governmental function and is not otherwise exempt under this
12Act, shall be considered a public record of the public body,
13for purposes of this Act.
14    (3) This Section does not authorize withholding of
15information or limit the availability of records to the
16public, except as stated in this Section or otherwise provided
17in this Act.
18(Source: P.A. 100-26, eff. 8-4-17; 100-201, eff. 8-18-17;
19100-732, eff. 8-3-18; 101-434, eff. 1-1-20; 101-452, eff.
201-1-20; 101-455, eff. 8-23-19; revised 9-27-19.)
 
21    Section 999. Effective date. This Act takes effect upon
22becoming law.