Bill Text: IL HB4888 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Creates the Pharmaceutical Recovery Act. Requires covered manufacturers to, no later than July 1, 2021 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. Creates the Pharmaceutical Take-Back Reimbursement Program Fund and makes a conforming change in the State Finance Act. 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. Effective immediately.

Sponsorship: Partisan Bill (Democrat 21-1)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB4888 Detail]

Download: Illinois-2019-HB4888-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB4888 Introduced , by Rep. Jennifer Gong-Gershowitz SYNOPSIS AS INTRODUCED:
New Act
5 ILCS 140/7 from Ch. 116, par. 207
30 ILCS 105/5.930 new
Creates the Pharmaceutical Recovery Act. Requires covered manufacturers to, no later than July 1, 2021 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. Creates the Pharmaceutical Take-Back Reimbursement Program Fund and makes a conforming change in the State Finance Act. 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. Effective immediately.
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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
Pharmaceutical Recovery 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; or
(2) a law enforcement agency.
"Collection site" means the location where an authorized
collector operates a collection receptacle for the purpose of
collecting 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.
"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);

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(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 21 C.F.R.
600.3(h), for which manufacturers provide a pharmaceutical
product stewardship or drug take-back program;
(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) drugs that are intended for use as animal
medicines, including, but not limited to, parasiticide
products;
(10) pet pesticide products contained in pet collars,
powders, shampoos, topical applications, or other forms;
or
(11) 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, the National Formulary, the Homeopathic
Pharmacopoeia of the United States, Dispensatory of the
United States of America, "Remington: The Science and
Practice of Pharmacy", 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;
(3) other than food and that is intended to affect the
structure or any function of the body of human beings; 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 by a
manufacturer program operator for the collection,
transportation, and disposal of covered drugs.
"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, 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.
"Nonprescription drug" means a drug that may be lawfully
sold in Illinois without a prescription.
"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.
"Pharmaceutical drug take-back reimbursement program"
means a program identified as part of a drug take-back program

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to reimburse all authorized collectors for all costs associated
with the collection, transportation, and disposal of covered
drugs.
"Pharmaceutical reimbursement program operator" means an
organization exempt from taxation under Section 501(c)(6) of
the federal Internal Revenue Code of 1986 that exclusively
represents retailers in Illinois and implements a
pharmaceutical drug take-back reimbursement program.
"Pharmacy" has the meaning provided in Section 3 of the
Pharmacy Practice Act.
"Prescription drug" means a drug that is required under
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:
(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;
or
(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, 2021 or 6
months after becoming a covered manufacturer, whichever is

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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 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, 2021, a covered manufacturer
that sells or offers for sale in Illinois a covered drug must
provide a list of covered manufacturers for that covered drug
to the Agency. A covered manufacturer must provide an updated
list to the Agency on January 15th of each subsequent year.
(b) No later than April 1, 2021, each pharmacy, private
label distributor, and repackager that sells or offers for 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.
(c) 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 65.
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

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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 the potential authorized
collector expresses interest in participating in a proposed
program, the manufacturer program operator must commence good
faith negotiations with a 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, in exchange for
compensation, or as part of a pharmaceutical take-back
reimbursement program. 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. A pharmacy that is registered with the
United States Drug Enforcement Administration to collect
controlled substances and elects to serve as an authorized
collector shall participate in a pharmaceutical drug take-back
reimbursement program.
(d) A drug take-back program must include as a collector
any hospital or clinic with an on site pharmacy, and any law
enforcement agency that (i) is an authorized collector and (ii)
offers to participate in the program without compensation. The
manufacturer program operator must include the hospital,
clinic, or law enforcement agency in the program as a collector
no later than 90 days after receiving a written offer to

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participate.
(e) A drug take-back program must include and reimburse any
authorized collection site registered with a pharmaceutical
take-back reimbursement program under subsection (b) of
Section 60.
(f) A drug take-back program collection site must accept
all covered drugs from ultimate users during the hours that the
authorized collector is normally open for business to the
public.
(g) A drug take-back program collection site must use
collection receptacles in compliance with federal law,
including United States Drug Enforcement Administration
regulations. The manufacturer program operator must provide a
service schedule that meets the needs of each collection site
to ensure that each secure collection receptacle is serviced as
often as necessary to avoid reaching capacity and that
collected covered drugs are transported to final disposal in a
timely, environmentally sound manner, including a process for
additional prompt collection service upon notification from
the collection site.
(h) Authorized collectors must comply with applicable
provisions of federal laws and regulations governing the
handling of covered drugs, including United States Drug
Enforcement Administration regulations.
(i) A drug take-back program's collection system must be
safe, secure, and convenient on an ongoing, year-round basis

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and must provide equitable and reasonably convenient access for
residents across the State.
(j) A drug-take back program shall have a minimum of 3
collection sites in each county of the State, plus one
additional collection site per county for every 50,000 county
residents.
Authorized collection sites registered with a
pharmaceutical take-back reimbursement program shall be
counted towards meeting the minimum number of collection sites
within a drug take-back program.
If a manufacturer program operator demonstrates to the
Agency that there are not a sufficient number of authorized
collection sites in the county, a drug take-back program must
establish mail-back distribution locations or hold periodic
collection events to supplement service to any area of the
State that is underserved by collection sites, as determined by
the Agency. The manufacturer program operator, in consultation
with the Agency, local law enforcement, local health
jurisdiction, and local community, must determine the number
and locations of mail-back distribution locations and the
frequency and location of these collection events, to be held
at least twice each year, unless otherwise determined through
consultation with the local community. The program must arrange
any periodic collection events in advance with local law
enforcement agencies and conduct periodic collection events in
compliance with United States Drug Enforcement Administration

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regulations and protocols and applicable State laws
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 safety, security, and compliance with
regulations adopted by the United States Drug Enforcement
Administration, as well as any applicable State laws.
(2) Ensure the security of patient information on drug
packaging during collection, transportation, recycling,
and disposal.
(3) Promote the program by providing consumers,
pharmacies, and other entities with educational and
informational materials as required under Section 45.
(4) Demonstrate adequate funding for all
administrative and operational costs of the drug take-back
program with costs apportioned among participating covered
manufacturers.
(5) Set long-term and short-term goals with respect to
collection amounts and public awareness.
(6) Consider:
(A) the use of existing providers of
pharmaceutical waste transportation and disposal
services;
(B) separation of covered drugs from packaging to

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reduce transportation and disposal costs; and
(C) recycling of drug packaging.
Section 35. Drug take-back program approval.
(a) By July 1, 2021, 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.
(b) The Agency shall approve a proposed program if the
manufacturer program operator pays the program operator fee
established under Section 65, the program fulfills the
requirements under Section 25, and the manufacturer program
operator submits the following information on forms prescribed
by the Agency:
(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 under a drug take-back program not
enrolled in a pharmaceutical drug take-back reimbursement
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 the pharmaceutical drug take-back
reimbursement program or programs in which the

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manufacturer program operator has an agreement to
participate.
(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 30 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 30 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 an approved drug take-back program no later than
December 1, 2021.
Section 40. Proposed changes or modifications to the
approved manufacturer drug take-back program. A manufacturer
program operator shall submit a notice of any proposed changes
to an approved drug take-back program to the Agency in writing
at least 15 days before the change is scheduled to occur. These
include, but are not limited to, changes in:
(1) participating covered manufacturers;
(2) collection methods;
(3) collection site locations;
(4) contact information for the program operator or

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collection sites; or
(5) agreements with pharmaceutical reimbursement
take-back programs.
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. 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
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 reasonably
understood by 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

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outreach materials to program collection sites for
dissemination to ultimate users. 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,
authorized collectors participating directly in a drug
take-back program or a pharmaceutical drug take-back
reimbursement program.
Section 50. Annual program report.
(a) By July 1st 2022, 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;
(2) the total amount, by weight, of covered drugs
collected and the amount, by weight, from each collection
method used;
(3) the total amount, by weight, of covered drugs
collected from each collection site during the prior year;

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(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
short-term and long-term goals established by the
manufacturer program operator in accordance with paragraph
(5) 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:

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(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) compensation of authorized collectors, if
applicable;
(5) operation of periodic collection events,
including, but not limited to, the cost of law enforcement
staff time;
(6) transportation of all collected covered drugs to
final disposal;
(7) environmentally sound disposal of all collected
covered drugs in compliance with subsection (g) of Section
25; and
(8) program promotion and outreach.
(b) 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; or
(2) a specific point-of-collection fee at the time
covered drugs are collected from a person.
Section 60. Pharmaceutical take-back reimbursement
program.

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(a) A pharmaceutical reimbursement program operator may
establish and implement a pharmaceutical drug take-back
reimbursement program. Any establishment of a pharmaceutical
take-back reimbursement program must be approved by the Agency.
(b) Any authorized collector may participate in a
pharmaceutical drug take-back reimbursement program. An
authorized collector that elects to participate in a
pharmaceutical drug take-back reimbursement program shall
register its authorized collection locations with the
pharmaceutical reimbursement program operator.
(c) A drug take-back program shall include and reimburse
any authorized collection site registered with a
pharmaceutical drug take-back reimbursement program.
(d) A pharmaceutical reimbursement program operator's
proposal for the establishment and implementation of a
pharmaceutical drug take-back reimbursement program shall be
approved by the Agency if the pharmaceutical reimbursement
program operator submits the following information on forms
prescribed by the Agency:
(1) The identity and contact information of the
reimbursement program operator.
(2) The identity and contact information of each
participating covered manufacturer.
(3) The identity and contact information of each
participating pharmacy;
(4) The identity and contact information of each

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participating authorized collector that is not a pharmacy.
(5) A system of promotion, education, and public
outreach about the proper collection and management of
covered drugs. 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 promotion materials.
(e) A pharmaceutical reimbursement program operator must
notify the Agency in writing of any changes to the above
information at least 15 days before such a change.
(f) By July 1st 2022, and by each July 1st thereafter, each
pharmaceutical reimbursement program operator must submit to
the Agency a report describing implementation of its
pharmaceutical reimbursement take-back program during the
previous calendar year. The report must include:
(1) a list of the covered manufacturers participating
in the program;
(2) a list of the pharmacies participating in the
program;
(3) a list of authorized collectors that are not
pharmacies participating in the program;
(4) a list of the transporters and disposal facilities
used to transport and dispose of the covered drugs
collected by the program; and
(5) the amount, by weight, of the covered drugs
collected from each collection site.

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(g) Nothing in this Act shall require a pharmaceutical drug
take-back reimbursement program to have a minimum number of
collection sites in the State, in a county, or in a
municipality. Nothing in this Act shall limit the number of
authorized collection sites participating in a pharmaceutical
drug take-back reimbursement program or a drug take-back
program.
(h) A pharmaceutical reimbursement program operator shall
keep financial records of the pharmaceutical take-back
reimbursement program and the collection, transportation, and
disposal of covered drugs collected under the program. These
records shall include, but not be limited to, costs related to:
(1) administration of the program, fees, and
collection and transportation of supplies for each
collection site;
(2) the purchase of collection receptacles for each
collection site;
(3) maintenance or replacement of collection
receptacles when requested by authorized collectors;
(4) prepaid, preaddressed mailers;
(5) compensation for authorized collectors;
(6) operation of periodic collection events,
including, but not limited to, the cost of staff time;
(7) transportation of all collected covered drugs to
final disposal;
(8) environmentally sound disposal of all collected

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covered drugs; and
(9) program promotion and outreach.
(i) Each authorized collection site that registers with a
pharmaceutical reimbursement program operator shall provide
collection, transportation, and disposal costs to the
pharmaceutical reimbursement program operator. The
pharmaceutical reimbursement program operator shall aggregate
the total costs. The total costs shall be divided between all
Illinois covered manufacturers. The covered manufacturers
shall submit the required funding to the Agency. The Agency
shall place the moneys in the Pharmaceutical Take-Back
Reimbursement Program Fund. The pharmaceutical reimbursement
program operator shall distribute the appropriate
reimbursement moneys to the authorized collection sites.
(j) An annual independent financial audit of a
pharmaceutical take-back reimbursement program's records may
be requested by any participating covered manufacturer. The
covered manufacturer requesting the audit shall fund the audit.
The audit shall be conducted in accordance with auditing
standards generally accepted in the United States of America,
and standards set forth in Government Auditing Standards issued
by the Comptroller General of the United States. The financial
audit shall be prepared by an independent certified public
accountant. The independent certified public accountant shall
not perform nonaudit services for the covered manufacturers
that would impair independence as defined in the Government

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Auditing Standards issued by the Comptroller General of the
United States, including, but not limited to, accounting
services, development of internal controls, and management
decisions. The final report shall not include any proprietary
information.
Section 65. Registration fee.
(a) By April 1, 2021, 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 to be used in accordance
with this Act.
Section 70. 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, 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

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penalties collected under this Section in an action in which
the Attorney General has prevailed shall be deposited in the
Solid Waste Management Fund, to be used in accordance with the
provisions of this Act.
(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, plus any hearing costs
incurred by the Agency. Such penalties shall be made payable to
the Solid Waste Management 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

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subsequent time, commits a Class 3 felony
Section 75. Pharmaceutical Take-Back Reimbursement Program
Fund.
(a) The Pharmaceutical Take-Back Reimbursement Program
Fund is created as a special fund in the State treasury. Moneys
in the Fund shall be used only for reimbursement of the
pharmaceutical take-back reimbursement program, pharmaceutical
reimbursement program operator, and participating authorized
collectors. All moneys received by the Agency under this Act,
except moneys received under Section 60 or 65, must be
deposited in the Fund.
(b) The Fund shall not be subject to sweeps, administrative
charges or chargebacks, or any other fiscal or budgetary
maneuver that would in any way transfer any funds from the Fund
into any other fund of the State.
Section 80. Antitrust immunity. The activities authorized
by this Act require collaboration among covered manufacturers
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

HB4888 - 26 - LRB101 18479 CPF 67929 b
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 85. 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 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

HB4888 - 27 - LRB101 18479 CPF 67929 b
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 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

HB4888 - 28 - LRB101 18479 CPF 67929 b
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;
(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

HB4888 - 29 - LRB101 18479 CPF 67929 b
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
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.

HB4888 - 30 - LRB101 18479 CPF 67929 b
(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
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

HB4888 - 31 - LRB101 18479 CPF 67929 b
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 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

HB4888 - 32 - LRB101 18479 CPF 67929 b
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 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

HB4888 - 33 - LRB101 18479 CPF 67929 b
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
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

HB4888 - 34 - LRB101 18479 CPF 67929 b
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
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

HB4888 - 35 - LRB101 18479 CPF 67929 b
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
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

HB4888 - 36 - LRB101 18479 CPF 67929 b
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
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

HB4888 - 37 - LRB101 18479 CPF 67929 b
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 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.

HB4888 - 38 - LRB101 18479 CPF 67929 b
(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.
(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.

HB4888 - 39 - LRB101 18479 CPF 67929 b
(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 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

HB4888 - 40 - LRB101 18479 CPF 67929 b
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.
(mm) Proprietary information submitted to the
Environmental Protection Agency under the Pharmaceutical
Recovery 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.

HB4888 - 41 - LRB101 18479 CPF 67929 b
1-1-20; 101-455, eff. 8-23-19; revised 9-27-19.)
Section 100. The State Finance Act is amended by adding
Section 5.930 as follows:
(30 ILCS 105/5.930 new)
Sec. 5.930. The Pharmaceutical Take-Back Reimbursement
Program Fund.
Section 999. Effective date. This Act takes effect upon
becoming law.