Bill Text: IL HB1780 | 2021-2022 | 102nd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Moderate Partisan Bill (Democrat 22-4)

Status: (Passed) 2022-06-10 - Public Act . . . . . . . . . 102-1055 [HB1780 Detail]

Download: Illinois-2021-HB1780-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB1780 Introduced , 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
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Drug
Take-Back Act.
Section 5. Findings. The General Assembly finds that:
(1) A safe system for the collection and disposal of
unused, unwanted, and expired medicines is a key element
of a comprehensive strategy to prevent prescription drug
abuse and pharmaceutical pollution. Home medicine cabinets
are full of unused and expired prescription drugs, only a
fraction of which get disposed of properly.
(2) Storing unused, unwanted, or expired medicines can
lead to accidental poisoning, drug abuse, and even drug
trafficking, but disposing of medicines by flushing them
down the toilet or placing them in the garbage can
contaminate groundwater and other bodies of water,
contributing to long-term harm to the environment and
animal life.
(3) Manufacturers of these drugs hold the ultimate
responsibility for the lasting impacts of the drugs they
produce.
(4) The General Assembly therefore finds that it is in

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

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

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

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

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

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State or federal law to be dispensed with a prescription or
that is restricted to use by medical practitioners only.
"Proprietary information" means information that is all
of the following:
(1) submitted under this Act;
(2) a trade secret or commercial or financial
information that is privileged or confidential and is
identified as such by the person providing the
information; and
(3) not required to be disclosed under any other law
or any regulation affecting a covered product, covered
manufacturer, or pharmacy.
Section 15. Participation in a drug take-back program.
Each covered manufacturer must, 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 that
complies with the requirements of this Act. A covered
manufacturer must establish, fund, and implement a drug
take-back program independently or as part of a group of
covered manufacturers.
Section 20. Identification of covered manufacturers.
(a) No later than April 1, 2022, each pharmacy, private
label distributor, and repackager that sells or offers for

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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mental status of one or more individual subjects.
(c) Personal information contained within public
records, the disclosure of which would constitute a
clearly unwarranted invasion of personal privacy, unless
the disclosure is consented to in writing by the
individual subjects of the information. "Unwarranted
invasion of personal privacy" means the disclosure of
information that is highly personal or objectionable to a
reasonable person and in which the subject's right to
privacy outweighs any legitimate public interest in
obtaining the information. The disclosure of information
that bears on the public duties of public employees and
officials shall not be considered an invasion of personal
privacy.
(d) Records in the possession of any public body
created in the course of administrative enforcement
proceedings, and any law enforcement or correctional
agency for law enforcement purposes, but only to the
extent that disclosure would:
(i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional
agency that is the recipient of the request;
(ii) interfere with active administrative
enforcement proceedings conducted by the public body
that is the recipient of the request;

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

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

HB1780 - 26 - LRB102 13555 CPF 18902 b
through an administrative request to the Department of
Corrections or Department of Human Services Division of
Mental Health.
(e-8) Records requested by a person committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail, the
disclosure of which would result in the risk of harm to any
person or the risk of an escape from a jail or correctional
institution or facility.
(e-9) Records requested by a person in a county jail
or committed to the Department of Corrections or
Department of Human Services Division of Mental Health,
containing personal information pertaining to the person's
victim or the victim's family, including, but not limited
to, a victim's home address, home telephone number, work
or school address, work telephone number, social security
number, or any other identifying information, except as
may be relevant to a requester's current or potential case
or claim.
(e-10) Law enforcement records of other persons
requested by a person committed to the Department of
Corrections, Department of Human Services Division of
Mental Health, or a county jail, including, but not
limited to, arrest and booking records, mug shots, and
crime scene photographs, except as these records may be
relevant to the requester's current or potential case or

HB1780 - 27 - LRB102 13555 CPF 18902 b
claim.
(f) Preliminary drafts, notes, recommendations,
memoranda and other records in which opinions are
expressed, or policies or actions are formulated, except
that a specific record or relevant portion of a record
shall not be exempt when the record is publicly cited and
identified by the head of the public body. The exemption
provided in this paragraph (f) extends to all those
records of officers and agencies of the General Assembly
that pertain to the preparation of legislative documents.
(g) Trade secrets and commercial or financial
information obtained from a person or business where the
trade secrets or commercial or financial information are
furnished under a claim that they are proprietary,
privileged, or confidential, and that disclosure of the
trade secrets or commercial or financial information would
cause competitive harm to the person or business, and only
insofar as the claim directly applies to the records
requested.
The information included under this exemption includes
all trade secrets and commercial or financial information
obtained by a public body, including a public pension
fund, from a private equity fund or a privately held
company within the investment portfolio of a private
equity fund as a result of either investing or evaluating
a potential investment of public funds in a private equity

HB1780 - 28 - LRB102 13555 CPF 18902 b
fund. The exemption contained in this item does not apply
to the aggregate financial performance information of a
private equity fund, nor to the identity of the fund's
managers or general partners. The exemption contained in
this item does not apply to the identity of a privately
held company within the investment portfolio of a private
equity fund, unless the disclosure of the identity of a
privately held company may cause competitive harm.
Nothing contained in this paragraph (g) shall be
construed to prevent a person or business from consenting
to disclosure.
(h) Proposals and bids for any contract, grant, or
agreement, including information which if it were
disclosed would frustrate procurement or give an advantage
to any person proposing to enter into a contractor
agreement with the body, until an award or final selection
is made. Information prepared by or for the body in
preparation of a bid solicitation shall be exempt until an
award or final selection is made.
(i) Valuable formulae, computer geographic systems,
designs, drawings and research data obtained or produced
by any public body when disclosure could reasonably be
expected to produce private gain or public loss. The
exemption for "computer geographic systems" provided in
this paragraph (i) does not extend to requests made by
news media as defined in Section 2 of this Act when the

HB1780 - 29 - LRB102 13555 CPF 18902 b
requested information is not otherwise exempt and the only
purpose of the request is to access and disseminate
information regarding the health, safety, welfare, or
legal rights of the general public.
(j) The following information pertaining to
educational matters:
(i) test questions, scoring keys and other
examination data used to administer an academic
examination;
(ii) information received by a primary or
secondary school, college, or university under its
procedures for the evaluation of faculty members by
their academic peers;
(iii) information concerning a school or
university's adjudication of student disciplinary
cases, but only to the extent that disclosure would
unavoidably reveal the identity of the student; and
(iv) course materials or research materials used
by faculty members.
(k) Architects' plans, engineers' technical
submissions, and other construction related technical
documents for projects not constructed or developed in
whole or in part with public funds and the same for
projects constructed or developed with public funds,
including, but not limited to, power generating and
distribution stations and other transmission and

HB1780 - 30 - LRB102 13555 CPF 18902 b
distribution facilities, water treatment facilities,
airport facilities, sport stadiums, convention centers,
and all government owned, operated, or occupied buildings,
but only to the extent that disclosure would compromise
security.
(l) Minutes of meetings of public bodies closed to the
public as provided in the Open Meetings Act until the
public body makes the minutes available to the public
under Section 2.06 of the Open Meetings Act.
(m) Communications between a public body and an
attorney or auditor representing the public body that
would not be subject to discovery in litigation, and
materials prepared or compiled by or for a public body in
anticipation of a criminal, civil, or administrative
proceeding upon the request of an attorney advising the
public body, and materials prepared or compiled with
respect to internal audits of public bodies.
(n) Records relating to a public body's adjudication
of employee grievances or disciplinary cases; however,
this exemption shall not extend to the final outcome of
cases in which discipline is imposed.
(o) Administrative or technical information associated
with automated data processing operations, including, but
not limited to, software, operating protocols, computer
program abstracts, file layouts, source listings, object
modules, load modules, user guides, documentation

HB1780 - 31 - LRB102 13555 CPF 18902 b
pertaining to all logical and physical design of
computerized systems, employee manuals, and any other
information that, if disclosed, would jeopardize the
security of the system or its data or the security of
materials exempt under this Section.
(p) Records relating to collective negotiating matters
between public bodies and their employees or
representatives, except that any final contract or
agreement shall be subject to inspection and copying.
(q) Test questions, scoring keys, and other
examination data used to determine the qualifications of
an applicant for a license or employment.
(r) The records, documents, and information relating
to real estate purchase negotiations until those
negotiations have been completed or otherwise terminated.
With regard to a parcel involved in a pending or actually
and reasonably contemplated eminent domain proceeding
under the Eminent Domain Act, records, documents, and
information relating to that parcel shall be exempt except
as may be allowed under discovery rules adopted by the
Illinois Supreme Court. The records, documents, and
information relating to a real estate sale shall be exempt
until a sale is consummated.
(s) Any and all proprietary information and records
related to the operation of an intergovernmental risk
management association or self-insurance pool or jointly

HB1780 - 32 - LRB102 13555 CPF 18902 b
self-administered health and accident cooperative or pool.
Insurance or self insurance (including any
intergovernmental risk management association or self
insurance pool) claims, loss or risk management
information, records, data, advice or communications.
(t) Information contained in or related to
examination, operating, or condition reports prepared by,
on behalf of, or for the use of a public body responsible
for the regulation or supervision of financial
institutions, insurance companies, or pharmacy benefit
managers, unless disclosure is otherwise required by State
law.
(u) Information that would disclose or might lead to
the disclosure of secret or confidential information,
codes, algorithms, programs, or private keys intended to
be used to create electronic or digital signatures under
the Electronic Commerce Security Act.
(v) Vulnerability assessments, security measures, and
response policies or plans that are designed to identify,
prevent, or respond to potential attacks upon a
community's population or systems, facilities, or
installations, the destruction or contamination of which
would constitute a clear and present danger to the health
or safety of the community, but only to the extent that
disclosure could reasonably be expected to jeopardize the
effectiveness of the measures or the safety of the

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

HB1780 - 34 - LRB102 13555 CPF 18902 b
(bb) Records and information provided to a mortality
review team and records maintained by a mortality review
team appointed under the Department of Juvenile Justice
Mortality Review Team Act.
(cc) Information regarding interments, entombments, or
inurnments of human remains that are submitted to the
Cemetery Oversight Database under the Cemetery Care Act or
the Cemetery Oversight Act, whichever is applicable.
(dd) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid
Code or (ii) that pertain to appeals under Section 11-8 of
the Illinois Public Aid Code.
(ee) The names, addresses, or other personal
information of persons who are minors and are also
participants and registrants in programs of park
districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations.
(ff) The names, addresses, or other personal
information of participants and registrants in programs of
park districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations where such programs are targeted primarily to
minors.
(gg) Confidential information described in Section
1-100 of the Illinois Independent Tax Tribunal Act of

HB1780 - 35 - LRB102 13555 CPF 18902 b
2012.
(hh) The report submitted to the State Board of
Education by the School Security and Standards Task Force
under item (8) of subsection (d) of Section 2-3.160 of the
School Code and any information contained in that report.
(ii) Records requested by persons committed to or
detained by the Department of Human Services under the
Sexually Violent Persons Commitment Act or committed to
the Department of Corrections under the Sexually Dangerous
Persons Act if those materials: (i) are available in the
library of the facility where the individual is confined;
(ii) include records from staff members' personnel files,
staff rosters, or other staffing assignment information;
or (iii) are available through an administrative request
to the Department of Human Services or the Department of
Corrections.
(jj) Confidential information described in Section
5-535 of the Civil Administrative Code of Illinois.
(kk) The public body's credit card numbers, debit card
numbers, bank account numbers, Federal Employer
Identification Number, security code numbers, passwords,
and similar account information, the disclosure of which
could result in identity theft or impression or defrauding
of a governmental entity or a person.
(ll) (kk) Records concerning the work of the threat
assessment team of a school district.

HB1780 - 36 - LRB102 13555 CPF 18902 b
(mm) Proprietary information submitted to the
Environmental Protection Agency under the Drug Take-Back
Act.
(1.5) Any information exempt from disclosure under the
Judicial Privacy Act shall be redacted from public records
prior to disclosure under this Act.
(2) A public record that is not in the possession of a
public body but is in the possession of a party with whom the
agency has contracted to perform a governmental function on
behalf of the public body, and that directly relates to the
governmental function and is not otherwise exempt under this
Act, shall be considered a public record of the public body,
for purposes of this Act.
(3) This Section does not authorize withholding of
information or limit the availability of records to the
public, except as stated in this Section or otherwise provided
in this Act.
(Source: P.A. 100-26, eff. 8-4-17; 100-201, eff. 8-18-17;
100-732, eff. 8-3-18; 101-434, eff. 1-1-20; 101-452, eff.
1-1-20; 101-455, eff. 8-23-19; revised 9-27-19.)
Section 999. Effective date. This Act takes effect upon
becoming law.