Rep. Bob Morgan

Filed: 3/12/2019

 

 


 

 


 
10100HB0895ham001LRB101 07600 CPF 56731 a

1
AMENDMENT TO HOUSE BILL 895

2    AMENDMENT NO. ______. Amend House Bill 895 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Election Code is amended by changing
5Section 9-45 as follows:
 
6    (10 ILCS 5/9-45)
7    Sec. 9-45. Medical cannabis organization; contributions.
8It is unlawful for any medical cannabis cultivation center or
9medical cannabis dispensary organization or any political
10action committee created by any medical cannabis cultivation
11center or dispensary organization to make a campaign
12contribution to any political committee established to promote
13the candidacy of a candidate or public official. It is unlawful
14for any candidate, political committee, or other person to
15knowingly accept or receive any contribution prohibited by this
16Section. It is unlawful for any officer or agent of a medical

 

 

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1cannabis cultivation center or dispensary organization to
2consent to any contribution or expenditure by the medical
3cannabis organization that is prohibited by this Section. As
4used in this Section, "medical cannabis cultivation center" and
5"dispensary organization" have the meaning ascribed to those
6terms in Section 10 of the Compassionate Use of Medical
7Cannabis Pilot Program Act.
8(Source: P.A. 98-122, eff. 1-1-14.)
 
9    Section 10. The Illinois Procurement Code is amended by
10changing Section 1-10 as follows:
 
11    (30 ILCS 500/1-10)
12    Sec. 1-10. Application.
13    (a) This Code applies only to procurements for which
14bidders, offerors, potential contractors, or contractors were
15first solicited on or after July 1, 1998. This Code shall not
16be construed to affect or impair any contract, or any provision
17of a contract, entered into based on a solicitation prior to
18the implementation date of this Code as described in Article
1999, including but not limited to any covenant entered into with
20respect to any revenue bonds or similar instruments. All
21procurements for which contracts are solicited between the
22effective date of Articles 50 and 99 and July 1, 1998 shall be
23substantially in accordance with this Code and its intent.
24    (b) This Code shall apply regardless of the source of the

 

 

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1funds with which the contracts are paid, including federal
2assistance moneys. This Code shall not apply to:
3        (1) Contracts between the State and its political
4    subdivisions or other governments, or between State
5    governmental bodies, except as specifically provided in
6    this Code.
7        (2) Grants, except for the filing requirements of
8    Section 20-80.
9        (3) Purchase of care, except as provided in Section
10    5-30.6 of the Illinois Public Aid Code and this Section.
11        (4) Hiring of an individual as employee and not as an
12    independent contractor, whether pursuant to an employment
13    code or policy or by contract directly with that
14    individual.
15        (5) Collective bargaining contracts.
16        (6) Purchase of real estate, except that notice of this
17    type of contract with a value of more than $25,000 must be
18    published in the Procurement Bulletin within 10 calendar
19    days after the deed is recorded in the county of
20    jurisdiction. The notice shall identify the real estate
21    purchased, the names of all parties to the contract, the
22    value of the contract, and the effective date of the
23    contract.
24        (7) Contracts necessary to prepare for anticipated
25    litigation, enforcement actions, or investigations,
26    provided that the chief legal counsel to the Governor shall

 

 

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1    give his or her prior approval when the procuring agency is
2    one subject to the jurisdiction of the Governor, and
3    provided that the chief legal counsel of any other
4    procuring entity subject to this Code shall give his or her
5    prior approval when the procuring entity is not one subject
6    to the jurisdiction of the Governor.
7        (8) (Blank).
8        (9) Procurement expenditures by the Illinois
9    Conservation Foundation when only private funds are used.
10        (10) (Blank).
11        (11) Public-private agreements entered into according
12    to the procurement requirements of Section 20 of the
13    Public-Private Partnerships for Transportation Act and
14    design-build agreements entered into according to the
15    procurement requirements of Section 25 of the
16    Public-Private Partnerships for Transportation Act.
17        (12) Contracts for legal, financial, and other
18    professional and artistic services entered into on or
19    before December 31, 2018 by the Illinois Finance Authority
20    in which the State of Illinois is not obligated. Such
21    contracts shall be awarded through a competitive process
22    authorized by the Board of the Illinois Finance Authority
23    and are subject to Sections 5-30, 20-160, 50-13, 50-20,
24    50-35, and 50-37 of this Code, as well as the final
25    approval by the Board of the Illinois Finance Authority of
26    the terms of the contract.

 

 

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1        (13) Contracts for services, commodities, and
2    equipment to support the delivery of timely forensic
3    science services in consultation with and subject to the
4    approval of the Chief Procurement Officer as provided in
5    subsection (d) of Section 5-4-3a of the Unified Code of
6    Corrections, except for the requirements of Sections
7    20-60, 20-65, 20-70, and 20-160 and Article 50 of this
8    Code; however, the Chief Procurement Officer may, in
9    writing with justification, waive any certification
10    required under Article 50 of this Code. For any contracts
11    for services which are currently provided by members of a
12    collective bargaining agreement, the applicable terms of
13    the collective bargaining agreement concerning
14    subcontracting shall be followed.
15        On and after January 1, 2019, this paragraph (13),
16    except for this sentence, is inoperative.
17        (14) Contracts for participation expenditures required
18    by a domestic or international trade show or exhibition of
19    an exhibitor, member, or sponsor.
20        (15) Contracts with a railroad or utility that requires
21    the State to reimburse the railroad or utilities for the
22    relocation of utilities for construction or other public
23    purpose. Contracts included within this paragraph (15)
24    shall include, but not be limited to, those associated
25    with: relocations, crossings, installations, and
26    maintenance. For the purposes of this paragraph (15),

 

 

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1    "railroad" means any form of non-highway ground
2    transportation that runs on rails or electromagnetic
3    guideways and "utility" means: (1) public utilities as
4    defined in Section 3-105 of the Public Utilities Act, (2)
5    telecommunications carriers as defined in Section 13-202
6    of the Public Utilities Act, (3) electric cooperatives as
7    defined in Section 3.4 of the Electric Supplier Act, (4)
8    telephone or telecommunications cooperatives as defined in
9    Section 13-212 of the Public Utilities Act, (5) rural water
10    or waste water systems with 10,000 connections or less, (6)
11    a holder as defined in Section 21-201 of the Public
12    Utilities Act, and (7) municipalities owning or operating
13    utility systems consisting of public utilities as that term
14    is defined in Section 11-117-2 of the Illinois Municipal
15    Code.
16        (16) Procurement expenditures necessary for the
17    Department of Public Health to provide the delivery of
18    timely newborn screening services in accordance with the
19    Newborn Metabolic Screening Act.
20        (17) (16) Procurement expenditures necessary for the
21    Department of Agriculture, the Department of Financial and
22    Professional Regulation, the Department of Human Services,
23    and the Department of Public Health to implement the
24    Compassionate Use of Medical Cannabis Pilot Program and
25    Opioid Alternative Pilot Program requirements and ensure
26    access to medical cannabis for patients with debilitating

 

 

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1    medical conditions in accordance with the Compassionate
2    Use of Medical Cannabis Pilot Program Act.
3    Notwithstanding any other provision of law, for contracts
4entered into on or after October 1, 2017 under an exemption
5provided in any paragraph of this subsection (b), except
6paragraph (1), (2), or (5), each State agency shall post to the
7appropriate procurement bulletin the name of the contractor, a
8description of the supply or service provided, the total amount
9of the contract, the term of the contract, and the exception to
10the Code utilized. The chief procurement officer shall submit a
11report to the Governor and General Assembly no later than
12November 1 of each year that shall include, at a minimum, an
13annual summary of the monthly information reported to the chief
14procurement officer.
15    (c) This Code does not apply to the electric power
16procurement process provided for under Section 1-75 of the
17Illinois Power Agency Act and Section 16-111.5 of the Public
18Utilities Act.
19    (d) Except for Section 20-160 and Article 50 of this Code,
20and as expressly required by Section 9.1 of the Illinois
21Lottery Law, the provisions of this Code do not apply to the
22procurement process provided for under Section 9.1 of the
23Illinois Lottery Law.
24    (e) This Code does not apply to the process used by the
25Capital Development Board to retain a person or entity to
26assist the Capital Development Board with its duties related to

 

 

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1the determination of costs of a clean coal SNG brownfield
2facility, as defined by Section 1-10 of the Illinois Power
3Agency Act, as required in subsection (h-3) of Section 9-220 of
4the Public Utilities Act, including calculating the range of
5capital costs, the range of operating and maintenance costs, or
6the sequestration costs or monitoring the construction of clean
7coal SNG brownfield facility for the full duration of
8construction.
9    (f) (Blank).
10    (g) (Blank).
11    (h) This Code does not apply to the process to procure or
12contracts entered into in accordance with Sections 11-5.2 and
1311-5.3 of the Illinois Public Aid Code.
14    (i) Each chief procurement officer may access records
15necessary to review whether a contract, purchase, or other
16expenditure is or is not subject to the provisions of this
17Code, unless such records would be subject to attorney-client
18privilege.
19    (j) This Code does not apply to the process used by the
20Capital Development Board to retain an artist or work or works
21of art as required in Section 14 of the Capital Development
22Board Act.
23    (k) This Code does not apply to the process to procure
24contracts, or contracts entered into, by the State Board of
25Elections or the State Electoral Board for hearing officers
26appointed pursuant to the Election Code.

 

 

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1    (l) This Code does not apply to the processes used by the
2Illinois Student Assistance Commission to procure supplies and
3services paid for from the private funds of the Illinois
4Prepaid Tuition Fund. As used in this subsection (l), "private
5funds" means funds derived from deposits paid into the Illinois
6Prepaid Tuition Trust Fund and the earnings thereon.
7(Source: P.A. 99-801, eff. 1-1-17; 100-43, eff. 8-9-17;
8100-580, eff. 3-12-18; 100-757, eff. 8-10-18; 100-1114, eff.
98-28-18; revised 10-18-18.)
 
10    Section 15. The Illinois Income Tax Act is amended by
11changing Section 201 as follows:
 
12    (35 ILCS 5/201)  (from Ch. 120, par. 2-201)
13    Sec. 201. Tax imposed.
14    (a) In general. A tax measured by net income is hereby
15imposed on every individual, corporation, trust and estate for
16each taxable year ending after July 31, 1969 on the privilege
17of earning or receiving income in or as a resident of this
18State. Such tax shall be in addition to all other occupation or
19privilege taxes imposed by this State or by any municipal
20corporation or political subdivision thereof.
21    (b) Rates. The tax imposed by subsection (a) of this
22Section shall be determined as follows, except as adjusted by
23subsection (d-1):
24        (1) In the case of an individual, trust or estate, for

 

 

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1    taxable years ending prior to July 1, 1989, an amount equal
2    to 2 1/2% of the taxpayer's net income for the taxable
3    year.
4        (2) In the case of an individual, trust or estate, for
5    taxable years beginning prior to July 1, 1989 and ending
6    after June 30, 1989, an amount equal to the sum of (i) 2
7    1/2% of the taxpayer's net income for the period prior to
8    July 1, 1989, as calculated under Section 202.3, and (ii)
9    3% of the taxpayer's net income for the period after June
10    30, 1989, as calculated under Section 202.3.
11        (3) In the case of an individual, trust or estate, for
12    taxable years beginning after June 30, 1989, and ending
13    prior to January 1, 2011, an amount equal to 3% of the
14    taxpayer's net income for the taxable year.
15        (4) In the case of an individual, trust, or estate, for
16    taxable years beginning prior to January 1, 2011, and
17    ending after December 31, 2010, an amount equal to the sum
18    of (i) 3% of the taxpayer's net income for the period prior
19    to January 1, 2011, as calculated under Section 202.5, and
20    (ii) 5% of the taxpayer's net income for the period after
21    December 31, 2010, as calculated under Section 202.5.
22        (5) In the case of an individual, trust, or estate, for
23    taxable years beginning on or after January 1, 2011, and
24    ending prior to January 1, 2015, an amount equal to 5% of
25    the taxpayer's net income for the taxable year.
26        (5.1) In the case of an individual, trust, or estate,

 

 

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1    for taxable years beginning prior to January 1, 2015, and
2    ending after December 31, 2014, an amount equal to the sum
3    of (i) 5% of the taxpayer's net income for the period prior
4    to January 1, 2015, as calculated under Section 202.5, and
5    (ii) 3.75% of the taxpayer's net income for the period
6    after December 31, 2014, as calculated under Section 202.5.
7        (5.2) In the case of an individual, trust, or estate,
8    for taxable years beginning on or after January 1, 2015,
9    and ending prior to July 1, 2017, an amount equal to 3.75%
10    of the taxpayer's net income for the taxable year.
11        (5.3) In the case of an individual, trust, or estate,
12    for taxable years beginning prior to July 1, 2017, and
13    ending after June 30, 2017, an amount equal to the sum of
14    (i) 3.75% of the taxpayer's net income for the period prior
15    to July 1, 2017, as calculated under Section 202.5, and
16    (ii) 4.95% of the taxpayer's net income for the period
17    after June 30, 2017, as calculated under Section 202.5.
18        (5.4) In the case of an individual, trust, or estate,
19    for taxable years beginning on or after July 1, 2017, an
20    amount equal to 4.95% of the taxpayer's net income for the
21    taxable year.
22        (6) In the case of a corporation, for taxable years
23    ending prior to July 1, 1989, an amount equal to 4% of the
24    taxpayer's net income for the taxable year.
25        (7) In the case of a corporation, for taxable years
26    beginning prior to July 1, 1989 and ending after June 30,

 

 

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1    1989, an amount equal to the sum of (i) 4% of the
2    taxpayer's net income for the period prior to July 1, 1989,
3    as calculated under Section 202.3, and (ii) 4.8% of the
4    taxpayer's net income for the period after June 30, 1989,
5    as calculated under Section 202.3.
6        (8) In the case of a corporation, for taxable years
7    beginning after June 30, 1989, and ending prior to January
8    1, 2011, an amount equal to 4.8% of the taxpayer's net
9    income for the taxable year.
10        (9) In the case of a corporation, for taxable years
11    beginning prior to January 1, 2011, and ending after
12    December 31, 2010, an amount equal to the sum of (i) 4.8%
13    of the taxpayer's net income for the period prior to
14    January 1, 2011, as calculated under Section 202.5, and
15    (ii) 7% of the taxpayer's net income for the period after
16    December 31, 2010, as calculated under Section 202.5.
17        (10) In the case of a corporation, for taxable years
18    beginning on or after January 1, 2011, and ending prior to
19    January 1, 2015, an amount equal to 7% of the taxpayer's
20    net income for the taxable year.
21        (11) In the case of a corporation, for taxable years
22    beginning prior to January 1, 2015, and ending after
23    December 31, 2014, an amount equal to the sum of (i) 7% of
24    the taxpayer's net income for the period prior to January
25    1, 2015, as calculated under Section 202.5, and (ii) 5.25%
26    of the taxpayer's net income for the period after December

 

 

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1    31, 2014, as calculated under Section 202.5.
2        (12) In the case of a corporation, for taxable years
3    beginning on or after January 1, 2015, and ending prior to
4    July 1, 2017, an amount equal to 5.25% of the taxpayer's
5    net income for the taxable year.
6        (13) In the case of a corporation, for taxable years
7    beginning prior to July 1, 2017, and ending after June 30,
8    2017, an amount equal to the sum of (i) 5.25% of the
9    taxpayer's net income for the period prior to July 1, 2017,
10    as calculated under Section 202.5, and (ii) 7% of the
11    taxpayer's net income for the period after June 30, 2017,
12    as calculated under Section 202.5.
13        (14) In the case of a corporation, for taxable years
14    beginning on or after July 1, 2017, an amount equal to 7%
15    of the taxpayer's net income for the taxable year.
16    The rates under this subsection (b) are subject to the
17provisions of Section 201.5.
18    (c) Personal Property Tax Replacement Income Tax.
19Beginning on July 1, 1979 and thereafter, in addition to such
20income tax, there is also hereby imposed the Personal Property
21Tax Replacement Income Tax measured by net income on every
22corporation (including Subchapter S corporations), partnership
23and trust, for each taxable year ending after June 30, 1979.
24Such taxes are imposed on the privilege of earning or receiving
25income in or as a resident of this State. The Personal Property
26Tax Replacement Income Tax shall be in addition to the income

 

 

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1tax imposed by subsections (a) and (b) of this Section and in
2addition to all other occupation or privilege taxes imposed by
3this State or by any municipal corporation or political
4subdivision thereof.
5    (d) Additional Personal Property Tax Replacement Income
6Tax Rates. The personal property tax replacement income tax
7imposed by this subsection and subsection (c) of this Section
8in the case of a corporation, other than a Subchapter S
9corporation and except as adjusted by subsection (d-1), shall
10be an additional amount equal to 2.85% of such taxpayer's net
11income for the taxable year, except that beginning on January
121, 1981, and thereafter, the rate of 2.85% specified in this
13subsection shall be reduced to 2.5%, and in the case of a
14partnership, trust or a Subchapter S corporation shall be an
15additional amount equal to 1.5% of such taxpayer's net income
16for the taxable year.
17    (d-1) Rate reduction for certain foreign insurers. In the
18case of a foreign insurer, as defined by Section 35A-5 of the
19Illinois Insurance Code, whose state or country of domicile
20imposes on insurers domiciled in Illinois a retaliatory tax
21(excluding any insurer whose premiums from reinsurance assumed
22are 50% or more of its total insurance premiums as determined
23under paragraph (2) of subsection (b) of Section 304, except
24that for purposes of this determination premiums from
25reinsurance do not include premiums from inter-affiliate
26reinsurance arrangements), beginning with taxable years ending

 

 

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1on or after December 31, 1999, the sum of the rates of tax
2imposed by subsections (b) and (d) shall be reduced (but not
3increased) to the rate at which the total amount of tax imposed
4under this Act, net of all credits allowed under this Act,
5shall equal (i) the total amount of tax that would be imposed
6on the foreign insurer's net income allocable to Illinois for
7the taxable year by such foreign insurer's state or country of
8domicile if that net income were subject to all income taxes
9and taxes measured by net income imposed by such foreign
10insurer's state or country of domicile, net of all credits
11allowed or (ii) a rate of zero if no such tax is imposed on such
12income by the foreign insurer's state of domicile. For the
13purposes of this subsection (d-1), an inter-affiliate includes
14a mutual insurer under common management.
15        (1) For the purposes of subsection (d-1), in no event
16    shall the sum of the rates of tax imposed by subsections
17    (b) and (d) be reduced below the rate at which the sum of:
18            (A) the total amount of tax imposed on such foreign
19        insurer under this Act for a taxable year, net of all
20        credits allowed under this Act, plus
21            (B) the privilege tax imposed by Section 409 of the
22        Illinois Insurance Code, the fire insurance company
23        tax imposed by Section 12 of the Fire Investigation
24        Act, and the fire department taxes imposed under
25        Section 11-10-1 of the Illinois Municipal Code,
26    equals 1.25% for taxable years ending prior to December 31,

 

 

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1    2003, or 1.75% for taxable years ending on or after
2    December 31, 2003, of the net taxable premiums written for
3    the taxable year, as described by subsection (1) of Section
4    409 of the Illinois Insurance Code. This paragraph will in
5    no event increase the rates imposed under subsections (b)
6    and (d).
7        (2) Any reduction in the rates of tax imposed by this
8    subsection shall be applied first against the rates imposed
9    by subsection (b) and only after the tax imposed by
10    subsection (a) net of all credits allowed under this
11    Section other than the credit allowed under subsection (i)
12    has been reduced to zero, against the rates imposed by
13    subsection (d).
14    This subsection (d-1) is exempt from the provisions of
15Section 250.
16    (e) Investment credit. A taxpayer shall be allowed a credit
17against the Personal Property Tax Replacement Income Tax for
18investment in qualified property.
19        (1) A taxpayer shall be allowed a credit equal to .5%
20    of the basis of qualified property placed in service during
21    the taxable year, provided such property is placed in
22    service on or after July 1, 1984. There shall be allowed an
23    additional credit equal to .5% of the basis of qualified
24    property placed in service during the taxable year,
25    provided such property is placed in service on or after
26    July 1, 1986, and the taxpayer's base employment within

 

 

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1    Illinois has increased by 1% or more over the preceding
2    year as determined by the taxpayer's employment records
3    filed with the Illinois Department of Employment Security.
4    Taxpayers who are new to Illinois shall be deemed to have
5    met the 1% growth in base employment for the first year in
6    which they file employment records with the Illinois
7    Department of Employment Security. The provisions added to
8    this Section by Public Act 85-1200 (and restored by Public
9    Act 87-895) shall be construed as declaratory of existing
10    law and not as a new enactment. If, in any year, the
11    increase in base employment within Illinois over the
12    preceding year is less than 1%, the additional credit shall
13    be limited to that percentage times a fraction, the
14    numerator of which is .5% and the denominator of which is
15    1%, but shall not exceed .5%. The investment credit shall
16    not be allowed to the extent that it would reduce a
17    taxpayer's liability in any tax year below zero, nor may
18    any credit for qualified property be allowed for any year
19    other than the year in which the property was placed in
20    service in Illinois. For tax years ending on or after
21    December 31, 1987, and on or before December 31, 1988, the
22    credit shall be allowed for the tax year in which the
23    property is placed in service, or, if the amount of the
24    credit exceeds the tax liability for that year, whether it
25    exceeds the original liability or the liability as later
26    amended, such excess may be carried forward and applied to

 

 

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1    the tax liability of the 5 taxable years following the
2    excess credit years if the taxpayer (i) makes investments
3    which cause the creation of a minimum of 2,000 full-time
4    equivalent jobs in Illinois, (ii) is located in an
5    enterprise zone established pursuant to the Illinois
6    Enterprise Zone Act and (iii) is certified by the
7    Department of Commerce and Community Affairs (now
8    Department of Commerce and Economic Opportunity) as
9    complying with the requirements specified in clause (i) and
10    (ii) by July 1, 1986. The Department of Commerce and
11    Community Affairs (now Department of Commerce and Economic
12    Opportunity) shall notify the Department of Revenue of all
13    such certifications immediately. For tax years ending
14    after December 31, 1988, the credit shall be allowed for
15    the tax year in which the property is placed in service,
16    or, if the amount of the credit exceeds the tax liability
17    for that year, whether it exceeds the original liability or
18    the liability as later amended, such excess may be carried
19    forward and applied to the tax liability of the 5 taxable
20    years following the excess credit years. The credit shall
21    be applied to the earliest year for which there is a
22    liability. If there is credit from more than one tax year
23    that is available to offset a liability, earlier credit
24    shall be applied first.
25        (2) The term "qualified property" means property
26    which:

 

 

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1            (A) is tangible, whether new or used, including
2        buildings and structural components of buildings and
3        signs that are real property, but not including land or
4        improvements to real property that are not a structural
5        component of a building such as landscaping, sewer
6        lines, local access roads, fencing, parking lots, and
7        other appurtenances;
8            (B) is depreciable pursuant to Section 167 of the
9        Internal Revenue Code, except that "3-year property"
10        as defined in Section 168(c)(2)(A) of that Code is not
11        eligible for the credit provided by this subsection
12        (e);
13            (C) is acquired by purchase as defined in Section
14        179(d) of the Internal Revenue Code;
15            (D) is used in Illinois by a taxpayer who is
16        primarily engaged in manufacturing, or in mining coal
17        or fluorite, or in retailing, or was placed in service
18        on or after July 1, 2006 in a River Edge Redevelopment
19        Zone established pursuant to the River Edge
20        Redevelopment Zone Act; and
21            (E) has not previously been used in Illinois in
22        such a manner and by such a person as would qualify for
23        the credit provided by this subsection (e) or
24        subsection (f).
25        (3) For purposes of this subsection (e),
26    "manufacturing" means the material staging and production

 

 

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1    of tangible personal property by procedures commonly
2    regarded as manufacturing, processing, fabrication, or
3    assembling which changes some existing material into new
4    shapes, new qualities, or new combinations. For purposes of
5    this subsection (e) the term "mining" shall have the same
6    meaning as the term "mining" in Section 613(c) of the
7    Internal Revenue Code. For purposes of this subsection (e),
8    the term "retailing" means the sale of tangible personal
9    property for use or consumption and not for resale, or
10    services rendered in conjunction with the sale of tangible
11    personal property for use or consumption and not for
12    resale. For purposes of this subsection (e), "tangible
13    personal property" has the same meaning as when that term
14    is used in the Retailers' Occupation Tax Act, and, for
15    taxable years ending after December 31, 2008, does not
16    include the generation, transmission, or distribution of
17    electricity.
18        (4) The basis of qualified property shall be the basis
19    used to compute the depreciation deduction for federal
20    income tax purposes.
21        (5) If the basis of the property for federal income tax
22    depreciation purposes is increased after it has been placed
23    in service in Illinois by the taxpayer, the amount of such
24    increase shall be deemed property placed in service on the
25    date of such increase in basis.
26        (6) The term "placed in service" shall have the same

 

 

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1    meaning as under Section 46 of the Internal Revenue Code.
2        (7) If during any taxable year, any property ceases to
3    be qualified property in the hands of the taxpayer within
4    48 months after being placed in service, or the situs of
5    any qualified property is moved outside Illinois within 48
6    months after being placed in service, the Personal Property
7    Tax Replacement Income Tax for such taxable year shall be
8    increased. Such increase shall be determined by (i)
9    recomputing the investment credit which would have been
10    allowed for the year in which credit for such property was
11    originally allowed by eliminating such property from such
12    computation and, (ii) subtracting such recomputed credit
13    from the amount of credit previously allowed. For the
14    purposes of this paragraph (7), a reduction of the basis of
15    qualified property resulting from a redetermination of the
16    purchase price shall be deemed a disposition of qualified
17    property to the extent of such reduction.
18        (8) Unless the investment credit is extended by law,
19    the basis of qualified property shall not include costs
20    incurred after December 31, 2018, except for costs incurred
21    pursuant to a binding contract entered into on or before
22    December 31, 2018.
23        (9) Each taxable year ending before December 31, 2000,
24    a partnership may elect to pass through to its partners the
25    credits to which the partnership is entitled under this
26    subsection (e) for the taxable year. A partner may use the

 

 

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1    credit allocated to him or her under this paragraph only
2    against the tax imposed in subsections (c) and (d) of this
3    Section. If the partnership makes that election, those
4    credits shall be allocated among the partners in the
5    partnership in accordance with the rules set forth in
6    Section 704(b) of the Internal Revenue Code, and the rules
7    promulgated under that Section, and the allocated amount of
8    the credits shall be allowed to the partners for that
9    taxable year. The partnership shall make this election on
10    its Personal Property Tax Replacement Income Tax return for
11    that taxable year. The election to pass through the credits
12    shall be irrevocable.
13        For taxable years ending on or after December 31, 2000,
14    a partner that qualifies its partnership for a subtraction
15    under subparagraph (I) of paragraph (2) of subsection (d)
16    of Section 203 or a shareholder that qualifies a Subchapter
17    S corporation for a subtraction under subparagraph (S) of
18    paragraph (2) of subsection (b) of Section 203 shall be
19    allowed a credit under this subsection (e) equal to its
20    share of the credit earned under this subsection (e) during
21    the taxable year by the partnership or Subchapter S
22    corporation, determined in accordance with the
23    determination of income and distributive share of income
24    under Sections 702 and 704 and Subchapter S of the Internal
25    Revenue Code. This paragraph is exempt from the provisions
26    of Section 250.

 

 

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1    (f) Investment credit; Enterprise Zone; River Edge
2Redevelopment Zone.
3        (1) A taxpayer shall be allowed a credit against the
4    tax imposed by subsections (a) and (b) of this Section for
5    investment in qualified property which is placed in service
6    in an Enterprise Zone created pursuant to the Illinois
7    Enterprise Zone Act or, for property placed in service on
8    or after July 1, 2006, a River Edge Redevelopment Zone
9    established pursuant to the River Edge Redevelopment Zone
10    Act. For partners, shareholders of Subchapter S
11    corporations, and owners of limited liability companies,
12    if the liability company is treated as a partnership for
13    purposes of federal and State income taxation, there shall
14    be allowed a credit under this subsection (f) to be
15    determined in accordance with the determination of income
16    and distributive share of income under Sections 702 and 704
17    and Subchapter S of the Internal Revenue Code. The credit
18    shall be .5% of the basis for such property. The credit
19    shall be available only in the taxable year in which the
20    property is placed in service in the Enterprise Zone or
21    River Edge Redevelopment Zone and shall not be allowed to
22    the extent that it would reduce a taxpayer's liability for
23    the tax imposed by subsections (a) and (b) of this Section
24    to below zero. For tax years ending on or after December
25    31, 1985, the credit shall be allowed for the tax year in
26    which the property is placed in service, or, if the amount

 

 

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1    of the credit exceeds the tax liability for that year,
2    whether it exceeds the original liability or the liability
3    as later amended, such excess may be carried forward and
4    applied to the tax liability of the 5 taxable years
5    following the excess credit year. The credit shall be
6    applied to the earliest year for which there is a
7    liability. If there is credit from more than one tax year
8    that is available to offset a liability, the credit
9    accruing first in time shall be applied first.
10        (2) The term qualified property means property which:
11            (A) is tangible, whether new or used, including
12        buildings and structural components of buildings;
13            (B) is depreciable pursuant to Section 167 of the
14        Internal Revenue Code, except that "3-year property"
15        as defined in Section 168(c)(2)(A) of that Code is not
16        eligible for the credit provided by this subsection
17        (f);
18            (C) is acquired by purchase as defined in Section
19        179(d) of the Internal Revenue Code;
20            (D) is used in the Enterprise Zone or River Edge
21        Redevelopment Zone by the taxpayer; and
22            (E) has not been previously used in Illinois in
23        such a manner and by such a person as would qualify for
24        the credit provided by this subsection (f) or
25        subsection (e).
26        (3) The basis of qualified property shall be the basis

 

 

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1    used to compute the depreciation deduction for federal
2    income tax purposes.
3        (4) If the basis of the property for federal income tax
4    depreciation purposes is increased after it has been placed
5    in service in the Enterprise Zone or River Edge
6    Redevelopment Zone by the taxpayer, the amount of such
7    increase shall be deemed property placed in service on the
8    date of such increase in basis.
9        (5) The term "placed in service" shall have the same
10    meaning as under Section 46 of the Internal Revenue Code.
11        (6) If during any taxable year, any property ceases to
12    be qualified property in the hands of the taxpayer within
13    48 months after being placed in service, or the situs of
14    any qualified property is moved outside the Enterprise Zone
15    or River Edge Redevelopment Zone within 48 months after
16    being placed in service, the tax imposed under subsections
17    (a) and (b) of this Section for such taxable year shall be
18    increased. Such increase shall be determined by (i)
19    recomputing the investment credit which would have been
20    allowed for the year in which credit for such property was
21    originally allowed by eliminating such property from such
22    computation, and (ii) subtracting such recomputed credit
23    from the amount of credit previously allowed. For the
24    purposes of this paragraph (6), a reduction of the basis of
25    qualified property resulting from a redetermination of the
26    purchase price shall be deemed a disposition of qualified

 

 

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1    property to the extent of such reduction.
2        (7) There shall be allowed an additional credit equal
3    to 0.5% of the basis of qualified property placed in
4    service during the taxable year in a River Edge
5    Redevelopment Zone, provided such property is placed in
6    service on or after July 1, 2006, and the taxpayer's base
7    employment within Illinois has increased by 1% or more over
8    the preceding year as determined by the taxpayer's
9    employment records filed with the Illinois Department of
10    Employment Security. Taxpayers who are new to Illinois
11    shall be deemed to have met the 1% growth in base
12    employment for the first year in which they file employment
13    records with the Illinois Department of Employment
14    Security. If, in any year, the increase in base employment
15    within Illinois over the preceding year is less than 1%,
16    the additional credit shall be limited to that percentage
17    times a fraction, the numerator of which is 0.5% and the
18    denominator of which is 1%, but shall not exceed 0.5%.
19    (g) (Blank).
20    (h) Investment credit; High Impact Business.
21        (1) Subject to subsections (b) and (b-5) of Section 5.5
22    of the Illinois Enterprise Zone Act, a taxpayer shall be
23    allowed a credit against the tax imposed by subsections (a)
24    and (b) of this Section for investment in qualified
25    property which is placed in service by a Department of
26    Commerce and Economic Opportunity designated High Impact

 

 

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1    Business. The credit shall be .5% of the basis for such
2    property. The credit shall not be available (i) until the
3    minimum investments in qualified property set forth in
4    subdivision (a)(3)(A) of Section 5.5 of the Illinois
5    Enterprise Zone Act have been satisfied or (ii) until the
6    time authorized in subsection (b-5) of the Illinois
7    Enterprise Zone Act for entities designated as High Impact
8    Businesses under subdivisions (a)(3)(B), (a)(3)(C), and
9    (a)(3)(D) of Section 5.5 of the Illinois Enterprise Zone
10    Act, and shall not be allowed to the extent that it would
11    reduce a taxpayer's liability for the tax imposed by
12    subsections (a) and (b) of this Section to below zero. The
13    credit applicable to such investments shall be taken in the
14    taxable year in which such investments have been completed.
15    The credit for additional investments beyond the minimum
16    investment by a designated high impact business authorized
17    under subdivision (a)(3)(A) of Section 5.5 of the Illinois
18    Enterprise Zone Act shall be available only in the taxable
19    year in which the property is placed in service and shall
20    not be allowed to the extent that it would reduce a
21    taxpayer's liability for the tax imposed by subsections (a)
22    and (b) of this Section to below zero. For tax years ending
23    on or after December 31, 1987, the credit shall be allowed
24    for the tax year in which the property is placed in
25    service, or, if the amount of the credit exceeds the tax
26    liability for that year, whether it exceeds the original

 

 

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1    liability or the liability as later amended, such excess
2    may be carried forward and applied to the tax liability of
3    the 5 taxable years following the excess credit year. The
4    credit shall be applied to the earliest year for which
5    there is a liability. If there is credit from more than one
6    tax year that is available to offset a liability, the
7    credit accruing first in time shall be applied first.
8        Changes made in this subdivision (h)(1) by Public Act
9    88-670 restore changes made by Public Act 85-1182 and
10    reflect existing law.
11        (2) The term qualified property means property which:
12            (A) is tangible, whether new or used, including
13        buildings and structural components of buildings;
14            (B) is depreciable pursuant to Section 167 of the
15        Internal Revenue Code, except that "3-year property"
16        as defined in Section 168(c)(2)(A) of that Code is not
17        eligible for the credit provided by this subsection
18        (h);
19            (C) is acquired by purchase as defined in Section
20        179(d) of the Internal Revenue Code; and
21            (D) is not eligible for the Enterprise Zone
22        Investment Credit provided by subsection (f) of this
23        Section.
24        (3) The basis of qualified property shall be the basis
25    used to compute the depreciation deduction for federal
26    income tax purposes.

 

 

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1        (4) If the basis of the property for federal income tax
2    depreciation purposes is increased after it has been placed
3    in service in a federally designated Foreign Trade Zone or
4    Sub-Zone located in Illinois by the taxpayer, the amount of
5    such increase shall be deemed property placed in service on
6    the date of such increase in basis.
7        (5) The term "placed in service" shall have the same
8    meaning as under Section 46 of the Internal Revenue Code.
9        (6) If during any taxable year ending on or before
10    December 31, 1996, any property ceases to be qualified
11    property in the hands of the taxpayer within 48 months
12    after being placed in service, or the situs of any
13    qualified property is moved outside Illinois within 48
14    months after being placed in service, the tax imposed under
15    subsections (a) and (b) of this Section for such taxable
16    year shall be increased. Such increase shall be determined
17    by (i) recomputing the investment credit which would have
18    been allowed for the year in which credit for such property
19    was originally allowed by eliminating such property from
20    such computation, and (ii) subtracting such recomputed
21    credit from the amount of credit previously allowed. For
22    the purposes of this paragraph (6), a reduction of the
23    basis of qualified property resulting from a
24    redetermination of the purchase price shall be deemed a
25    disposition of qualified property to the extent of such
26    reduction.

 

 

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1        (7) Beginning with tax years ending after December 31,
2    1996, if a taxpayer qualifies for the credit under this
3    subsection (h) and thereby is granted a tax abatement and
4    the taxpayer relocates its entire facility in violation of
5    the explicit terms and length of the contract under Section
6    18-183 of the Property Tax Code, the tax imposed under
7    subsections (a) and (b) of this Section shall be increased
8    for the taxable year in which the taxpayer relocated its
9    facility by an amount equal to the amount of credit
10    received by the taxpayer under this subsection (h).
11    (i) Credit for Personal Property Tax Replacement Income
12Tax. For tax years ending prior to December 31, 2003, a credit
13shall be allowed against the tax imposed by subsections (a) and
14(b) of this Section for the tax imposed by subsections (c) and
15(d) of this Section. This credit shall be computed by
16multiplying the tax imposed by subsections (c) and (d) of this
17Section by a fraction, the numerator of which is base income
18allocable to Illinois and the denominator of which is Illinois
19base income, and further multiplying the product by the tax
20rate imposed by subsections (a) and (b) of this Section.
21    Any credit earned on or after December 31, 1986 under this
22subsection which is unused in the year the credit is computed
23because it exceeds the tax liability imposed by subsections (a)
24and (b) for that year (whether it exceeds the original
25liability or the liability as later amended) may be carried
26forward and applied to the tax liability imposed by subsections

 

 

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1(a) and (b) of the 5 taxable years following the excess credit
2year, provided that no credit may be carried forward to any
3year ending on or after December 31, 2003. This credit shall be
4applied first to the earliest year for which there is a
5liability. If there is a credit under this subsection from more
6than one tax year that is available to offset a liability the
7earliest credit arising under this subsection shall be applied
8first.
9    If, during any taxable year ending on or after December 31,
101986, the tax imposed by subsections (c) and (d) of this
11Section for which a taxpayer has claimed a credit under this
12subsection (i) is reduced, the amount of credit for such tax
13shall also be reduced. Such reduction shall be determined by
14recomputing the credit to take into account the reduced tax
15imposed by subsections (c) and (d). If any portion of the
16reduced amount of credit has been carried to a different
17taxable year, an amended return shall be filed for such taxable
18year to reduce the amount of credit claimed.
19    (j) Training expense credit. Beginning with tax years
20ending on or after December 31, 1986 and prior to December 31,
212003, a taxpayer shall be allowed a credit against the tax
22imposed by subsections (a) and (b) under this Section for all
23amounts paid or accrued, on behalf of all persons employed by
24the taxpayer in Illinois or Illinois residents employed outside
25of Illinois by a taxpayer, for educational or vocational
26training in semi-technical or technical fields or semi-skilled

 

 

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1or skilled fields, which were deducted from gross income in the
2computation of taxable income. The credit against the tax
3imposed by subsections (a) and (b) shall be 1.6% of such
4training expenses. For partners, shareholders of subchapter S
5corporations, and owners of limited liability companies, if the
6liability company is treated as a partnership for purposes of
7federal and State income taxation, there shall be allowed a
8credit under this subsection (j) to be determined in accordance
9with the determination of income and distributive share of
10income under Sections 702 and 704 and subchapter S of the
11Internal Revenue Code.
12    Any credit allowed under this subsection which is unused in
13the year the credit is earned may be carried forward to each of
14the 5 taxable years following the year for which the credit is
15first computed until it is used. This credit shall be applied
16first to the earliest year for which there is a liability. If
17there is a credit under this subsection from more than one tax
18year that is available to offset a liability the earliest
19credit arising under this subsection shall be applied first. No
20carryforward credit may be claimed in any tax year ending on or
21after December 31, 2003.
22    (k) Research and development credit. For tax years ending
23after July 1, 1990 and prior to December 31, 2003, and
24beginning again for tax years ending on or after December 31,
252004, and ending prior to January 1, 2022, a taxpayer shall be
26allowed a credit against the tax imposed by subsections (a) and

 

 

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1(b) of this Section for increasing research activities in this
2State. The credit allowed against the tax imposed by
3subsections (a) and (b) shall be equal to 6 1/2% of the
4qualifying expenditures for increasing research activities in
5this State. For partners, shareholders of subchapter S
6corporations, and owners of limited liability companies, if the
7liability company is treated as a partnership for purposes of
8federal and State income taxation, there shall be allowed a
9credit under this subsection to be determined in accordance
10with the determination of income and distributive share of
11income under Sections 702 and 704 and subchapter S of the
12Internal Revenue Code.
13    For purposes of this subsection, "qualifying expenditures"
14means the qualifying expenditures as defined for the federal
15credit for increasing research activities which would be
16allowable under Section 41 of the Internal Revenue Code and
17which are conducted in this State, "qualifying expenditures for
18increasing research activities in this State" means the excess
19of qualifying expenditures for the taxable year in which
20incurred over qualifying expenditures for the base period,
21"qualifying expenditures for the base period" means the average
22of the qualifying expenditures for each year in the base
23period, and "base period" means the 3 taxable years immediately
24preceding the taxable year for which the determination is being
25made.
26    Any credit in excess of the tax liability for the taxable

 

 

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1year may be carried forward. A taxpayer may elect to have the
2unused credit shown on its final completed return carried over
3as a credit against the tax liability for the following 5
4taxable years or until it has been fully used, whichever occurs
5first; provided that no credit earned in a tax year ending
6prior to December 31, 2003 may be carried forward to any year
7ending on or after December 31, 2003.
8    If an unused credit is carried forward to a given year from
92 or more earlier years, that credit arising in the earliest
10year will be applied first against the tax liability for the
11given year. If a tax liability for the given year still
12remains, the credit from the next earliest year will then be
13applied, and so on, until all credits have been used or no tax
14liability for the given year remains. Any remaining unused
15credit or credits then will be carried forward to the next
16following year in which a tax liability is incurred, except
17that no credit can be carried forward to a year which is more
18than 5 years after the year in which the expense for which the
19credit is given was incurred.
20    No inference shall be drawn from this amendatory Act of the
2191st General Assembly in construing this Section for taxable
22years beginning before January 1, 1999.
23    It is the intent of the General Assembly that the research
24and development credit under this subsection (k) shall apply
25continuously for all tax years ending on or after December 31,
262004 and ending prior to January 1, 2022, including, but not

 

 

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1limited to, the period beginning on January 1, 2016 and ending
2on the effective date of this amendatory Act of the 100th
3General Assembly. All actions taken in reliance on the
4continuation of the credit under this subsection (k) by any
5taxpayer are hereby validated.
6    (l) Environmental Remediation Tax Credit.
7        (i) For tax years ending after December 31, 1997 and on
8    or before December 31, 2001, a taxpayer shall be allowed a
9    credit against the tax imposed by subsections (a) and (b)
10    of this Section for certain amounts paid for unreimbursed
11    eligible remediation costs, as specified in this
12    subsection. For purposes of this Section, "unreimbursed
13    eligible remediation costs" means costs approved by the
14    Illinois Environmental Protection Agency ("Agency") under
15    Section 58.14 of the Environmental Protection Act that were
16    paid in performing environmental remediation at a site for
17    which a No Further Remediation Letter was issued by the
18    Agency and recorded under Section 58.10 of the
19    Environmental Protection Act. The credit must be claimed
20    for the taxable year in which Agency approval of the
21    eligible remediation costs is granted. The credit is not
22    available to any taxpayer if the taxpayer or any related
23    party caused or contributed to, in any material respect, a
24    release of regulated substances on, in, or under the site
25    that was identified and addressed by the remedial action
26    pursuant to the Site Remediation Program of the

 

 

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1    Environmental Protection Act. After the Pollution Control
2    Board rules are adopted pursuant to the Illinois
3    Administrative Procedure Act for the administration and
4    enforcement of Section 58.9 of the Environmental
5    Protection Act, determinations as to credit availability
6    for purposes of this Section shall be made consistent with
7    those rules. For purposes of this Section, "taxpayer"
8    includes a person whose tax attributes the taxpayer has
9    succeeded to under Section 381 of the Internal Revenue Code
10    and "related party" includes the persons disallowed a
11    deduction for losses by paragraphs (b), (c), and (f)(1) of
12    Section 267 of the Internal Revenue Code by virtue of being
13    a related taxpayer, as well as any of its partners. The
14    credit allowed against the tax imposed by subsections (a)
15    and (b) shall be equal to 25% of the unreimbursed eligible
16    remediation costs in excess of $100,000 per site, except
17    that the $100,000 threshold shall not apply to any site
18    contained in an enterprise zone as determined by the
19    Department of Commerce and Community Affairs (now
20    Department of Commerce and Economic Opportunity). The
21    total credit allowed shall not exceed $40,000 per year with
22    a maximum total of $150,000 per site. For partners and
23    shareholders of subchapter S corporations, there shall be
24    allowed a credit under this subsection to be determined in
25    accordance with the determination of income and
26    distributive share of income under Sections 702 and 704 and

 

 

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1    subchapter S of the Internal Revenue Code.
2        (ii) A credit allowed under this subsection that is
3    unused in the year the credit is earned may be carried
4    forward to each of the 5 taxable years following the year
5    for which the credit is first earned until it is used. The
6    term "unused credit" does not include any amounts of
7    unreimbursed eligible remediation costs in excess of the
8    maximum credit per site authorized under paragraph (i).
9    This credit shall be applied first to the earliest year for
10    which there is a liability. If there is a credit under this
11    subsection from more than one tax year that is available to
12    offset a liability, the earliest credit arising under this
13    subsection shall be applied first. A credit allowed under
14    this subsection may be sold to a buyer as part of a sale of
15    all or part of the remediation site for which the credit
16    was granted. The purchaser of a remediation site and the
17    tax credit shall succeed to the unused credit and remaining
18    carry-forward period of the seller. To perfect the
19    transfer, the assignor shall record the transfer in the
20    chain of title for the site and provide written notice to
21    the Director of the Illinois Department of Revenue of the
22    assignor's intent to sell the remediation site and the
23    amount of the tax credit to be transferred as a portion of
24    the sale. In no event may a credit be transferred to any
25    taxpayer if the taxpayer or a related party would not be
26    eligible under the provisions of subsection (i).

 

 

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1        (iii) For purposes of this Section, the term "site"
2    shall have the same meaning as under Section 58.2 of the
3    Environmental Protection Act.
4    (m) Education expense credit. Beginning with tax years
5ending after December 31, 1999, a taxpayer who is the custodian
6of one or more qualifying pupils shall be allowed a credit
7against the tax imposed by subsections (a) and (b) of this
8Section for qualified education expenses incurred on behalf of
9the qualifying pupils. The credit shall be equal to 25% of
10qualified education expenses, but in no event may the total
11credit under this subsection claimed by a family that is the
12custodian of qualifying pupils exceed (i) $500 for tax years
13ending prior to December 31, 2017, and (ii) $750 for tax years
14ending on or after December 31, 2017. In no event shall a
15credit under this subsection reduce the taxpayer's liability
16under this Act to less than zero. Notwithstanding any other
17provision of law, for taxable years beginning on or after
18January 1, 2017, no taxpayer may claim a credit under this
19subsection (m) if the taxpayer's adjusted gross income for the
20taxable year exceeds (i) $500,000, in the case of spouses
21filing a joint federal tax return or (ii) $250,000, in the case
22of all other taxpayers. This subsection is exempt from the
23provisions of Section 250 of this Act.
24    For purposes of this subsection:
25    "Qualifying pupils" means individuals who (i) are
26residents of the State of Illinois, (ii) are under the age of

 

 

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121 at the close of the school year for which a credit is
2sought, and (iii) during the school year for which a credit is
3sought were full-time pupils enrolled in a kindergarten through
4twelfth grade education program at any school, as defined in
5this subsection.
6    "Qualified education expense" means the amount incurred on
7behalf of a qualifying pupil in excess of $250 for tuition,
8book fees, and lab fees at the school in which the pupil is
9enrolled during the regular school year.
10    "School" means any public or nonpublic elementary or
11secondary school in Illinois that is in compliance with Title
12VI of the Civil Rights Act of 1964 and attendance at which
13satisfies the requirements of Section 26-1 of the School Code,
14except that nothing shall be construed to require a child to
15attend any particular public or nonpublic school to qualify for
16the credit under this Section.
17    "Custodian" means, with respect to qualifying pupils, an
18Illinois resident who is a parent, the parents, a legal
19guardian, or the legal guardians of the qualifying pupils.
20    (n) River Edge Redevelopment Zone site remediation tax
21credit.
22        (i) For tax years ending on or after December 31, 2006,
23    a taxpayer shall be allowed a credit against the tax
24    imposed by subsections (a) and (b) of this Section for
25    certain amounts paid for unreimbursed eligible remediation
26    costs, as specified in this subsection. For purposes of

 

 

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1    this Section, "unreimbursed eligible remediation costs"
2    means costs approved by the Illinois Environmental
3    Protection Agency ("Agency") under Section 58.14a of the
4    Environmental Protection Act that were paid in performing
5    environmental remediation at a site within a River Edge
6    Redevelopment Zone for which a No Further Remediation
7    Letter was issued by the Agency and recorded under Section
8    58.10 of the Environmental Protection Act. The credit must
9    be claimed for the taxable year in which Agency approval of
10    the eligible remediation costs is granted. The credit is
11    not available to any taxpayer if the taxpayer or any
12    related party caused or contributed to, in any material
13    respect, a release of regulated substances on, in, or under
14    the site that was identified and addressed by the remedial
15    action pursuant to the Site Remediation Program of the
16    Environmental Protection Act. Determinations as to credit
17    availability for purposes of this Section shall be made
18    consistent with rules adopted by the Pollution Control
19    Board pursuant to the Illinois Administrative Procedure
20    Act for the administration and enforcement of Section 58.9
21    of the Environmental Protection Act. For purposes of this
22    Section, "taxpayer" includes a person whose tax attributes
23    the taxpayer has succeeded to under Section 381 of the
24    Internal Revenue Code and "related party" includes the
25    persons disallowed a deduction for losses by paragraphs
26    (b), (c), and (f)(1) of Section 267 of the Internal Revenue

 

 

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1    Code by virtue of being a related taxpayer, as well as any
2    of its partners. The credit allowed against the tax imposed
3    by subsections (a) and (b) shall be equal to 25% of the
4    unreimbursed eligible remediation costs in excess of
5    $100,000 per site.
6        (ii) A credit allowed under this subsection that is
7    unused in the year the credit is earned may be carried
8    forward to each of the 5 taxable years following the year
9    for which the credit is first earned until it is used. This
10    credit shall be applied first to the earliest year for
11    which there is a liability. If there is a credit under this
12    subsection from more than one tax year that is available to
13    offset a liability, the earliest credit arising under this
14    subsection shall be applied first. A credit allowed under
15    this subsection may be sold to a buyer as part of a sale of
16    all or part of the remediation site for which the credit
17    was granted. The purchaser of a remediation site and the
18    tax credit shall succeed to the unused credit and remaining
19    carry-forward period of the seller. To perfect the
20    transfer, the assignor shall record the transfer in the
21    chain of title for the site and provide written notice to
22    the Director of the Illinois Department of Revenue of the
23    assignor's intent to sell the remediation site and the
24    amount of the tax credit to be transferred as a portion of
25    the sale. In no event may a credit be transferred to any
26    taxpayer if the taxpayer or a related party would not be

 

 

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1    eligible under the provisions of subsection (i).
2        (iii) For purposes of this Section, the term "site"
3    shall have the same meaning as under Section 58.2 of the
4    Environmental Protection Act.
5    (o) For each of taxable years during the Compassionate Use
6of Medical Cannabis Pilot Program, a surcharge is imposed on
7all taxpayers on income arising from the sale or exchange of
8capital assets, depreciable business property, real property
9used in the trade or business, and Section 197 intangibles of
10an organization registrant under the Compassionate Use of
11Medical Cannabis Pilot Program Act. The amount of the surcharge
12is equal to the amount of federal income tax liability for the
13taxable year attributable to those sales and exchanges. The
14surcharge imposed does not apply if:
15        (1) the medical cannabis cultivation center
16    registration, medical cannabis dispensary registration, or
17    the property of a registration is transferred as a result
18    of any of the following:
19            (A) bankruptcy, a receivership, or a debt
20        adjustment initiated by or against the initial
21        registration or the substantial owners of the initial
22        registration;
23            (B) cancellation, revocation, or termination of
24        any registration by the Illinois Department of Public
25        Health;
26            (C) a determination by the Illinois Department of

 

 

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1        Public Health that transfer of the registration is in
2        the best interests of Illinois qualifying patients as
3        defined by the Compassionate Use of Medical Cannabis
4        Pilot Program Act;
5            (D) the death of an owner of the equity interest in
6        a registrant;
7            (E) the acquisition of a controlling interest in
8        the stock or substantially all of the assets of a
9        publicly traded company;
10            (F) a transfer by a parent company to a wholly
11        owned subsidiary; or
12            (G) the transfer or sale to or by one person to
13        another person where both persons were initial owners
14        of the registration when the registration was issued;
15        or
16        (2) the cannabis cultivation center registration,
17    medical cannabis dispensary registration, or the
18    controlling interest in a registrant's property is
19    transferred in a transaction to lineal descendants in which
20    no gain or loss is recognized or as a result of a
21    transaction in accordance with Section 351 of the Internal
22    Revenue Code in which no gain or loss is recognized.
23(Source: P.A. 100-22, eff. 7-6-17.)
 
24    Section 20. The Use Tax Act is amended by changing Section
253-10 as follows:
 

 

 

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1    (35 ILCS 105/3-10)
2    Sec. 3-10. Rate of tax. Unless otherwise provided in this
3Section, the tax imposed by this Act is at the rate of 6.25% of
4either the selling price or the fair market value, if any, of
5the tangible personal property. In all cases where property
6functionally used or consumed is the same as the property that
7was purchased at retail, then the tax is imposed on the selling
8price of the property. In all cases where property functionally
9used or consumed is a by-product or waste product that has been
10refined, manufactured, or produced from property purchased at
11retail, then the tax is imposed on the lower of the fair market
12value, if any, of the specific property so used in this State
13or on the selling price of the property purchased at retail.
14For purposes of this Section "fair market value" means the
15price at which property would change hands between a willing
16buyer and a willing seller, neither being under any compulsion
17to buy or sell and both having reasonable knowledge of the
18relevant facts. The fair market value shall be established by
19Illinois sales by the taxpayer of the same property as that
20functionally used or consumed, or if there are no such sales by
21the taxpayer, then comparable sales or purchases of property of
22like kind and character in Illinois.
23    Beginning on July 1, 2000 and through December 31, 2000,
24with respect to motor fuel, as defined in Section 1.1 of the
25Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of

 

 

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1the Use Tax Act, the tax is imposed at the rate of 1.25%.
2    Beginning on August 6, 2010 through August 15, 2010, with
3respect to sales tax holiday items as defined in Section 3-6 of
4this Act, the tax is imposed at the rate of 1.25%.
5    With respect to gasohol, the tax imposed by this Act
6applies to (i) 70% of the proceeds of sales made on or after
7January 1, 1990, and before July 1, 2003, (ii) 80% of the
8proceeds of sales made on or after July 1, 2003 and on or
9before July 1, 2017, and (iii) 100% of the proceeds of sales
10made thereafter. If, at any time, however, the tax under this
11Act on sales of gasohol is imposed at the rate of 1.25%, then
12the tax imposed by this Act applies to 100% of the proceeds of
13sales of gasohol made during that time.
14    With respect to majority blended ethanol fuel, the tax
15imposed by this Act does not apply to the proceeds of sales
16made on or after July 1, 2003 and on or before December 31,
172023 but applies to 100% of the proceeds of sales made
18thereafter.
19    With respect to biodiesel blends with no less than 1% and
20no more than 10% biodiesel, the tax imposed by this Act applies
21to (i) 80% of the proceeds of sales made on or after July 1,
222003 and on or before December 31, 2018 and (ii) 100% of the
23proceeds of sales made thereafter. If, at any time, however,
24the tax under this Act on sales of biodiesel blends with no
25less than 1% and no more than 10% biodiesel is imposed at the
26rate of 1.25%, then the tax imposed by this Act applies to 100%

 

 

10100HB0895ham001- 46 -LRB101 07600 CPF 56731 a

1of the proceeds of sales of biodiesel blends with no less than
21% and no more than 10% biodiesel made during that time.
3    With respect to 100% biodiesel and biodiesel blends with
4more than 10% but no more than 99% biodiesel, the tax imposed
5by this Act does not apply to the proceeds of sales made on or
6after July 1, 2003 and on or before December 31, 2023 but
7applies to 100% of the proceeds of sales made thereafter.
8    With respect to food for human consumption that is to be
9consumed off the premises where it is sold (other than
10alcoholic beverages, soft drinks, and food that has been
11prepared for immediate consumption) and prescription and
12nonprescription medicines, drugs, medical appliances, products
13classified as Class III medical devices by the United States
14Food and Drug Administration that are used for cancer treatment
15pursuant to a prescription, as well as any accessories and
16components related to those devices, modifications to a motor
17vehicle for the purpose of rendering it usable by a person with
18a disability, and insulin, urine testing materials, syringes,
19and needles used by diabetics, for human use, the tax is
20imposed at the rate of 1%. For the purposes of this Section,
21until September 1, 2009: the term "soft drinks" means any
22complete, finished, ready-to-use, non-alcoholic drink, whether
23carbonated or not, including but not limited to soda water,
24cola, fruit juice, vegetable juice, carbonated water, and all
25other preparations commonly known as soft drinks of whatever
26kind or description that are contained in any closed or sealed

 

 

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1bottle, can, carton, or container, regardless of size; but
2"soft drinks" does not include coffee, tea, non-carbonated
3water, infant formula, milk or milk products as defined in the
4Grade A Pasteurized Milk and Milk Products Act, or drinks
5containing 50% or more natural fruit or vegetable juice.
6    Notwithstanding any other provisions of this Act,
7beginning September 1, 2009, "soft drinks" means non-alcoholic
8beverages that contain natural or artificial sweeteners. "Soft
9drinks" do not include beverages that contain milk or milk
10products, soy, rice or similar milk substitutes, or greater
11than 50% of vegetable or fruit juice by volume.
12    Until August 1, 2009, and notwithstanding any other
13provisions of this Act, "food for human consumption that is to
14be consumed off the premises where it is sold" includes all
15food sold through a vending machine, except soft drinks and
16food products that are dispensed hot from a vending machine,
17regardless of the location of the vending machine. Beginning
18August 1, 2009, and notwithstanding any other provisions of
19this Act, "food for human consumption that is to be consumed
20off the premises where it is sold" includes all food sold
21through a vending machine, except soft drinks, candy, and food
22products that are dispensed hot from a vending machine,
23regardless of the location of the vending machine.
24    Notwithstanding any other provisions of this Act,
25beginning September 1, 2009, "food for human consumption that
26is to be consumed off the premises where it is sold" does not

 

 

10100HB0895ham001- 48 -LRB101 07600 CPF 56731 a

1include candy. For purposes of this Section, "candy" means a
2preparation of sugar, honey, or other natural or artificial
3sweeteners in combination with chocolate, fruits, nuts or other
4ingredients or flavorings in the form of bars, drops, or
5pieces. "Candy" does not include any preparation that contains
6flour or requires refrigeration.
7    Notwithstanding any other provisions of this Act,
8beginning September 1, 2009, "nonprescription medicines and
9drugs" does not include grooming and hygiene products. For
10purposes of this Section, "grooming and hygiene products"
11includes, but is not limited to, soaps and cleaning solutions,
12shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
13lotions and screens, unless those products are available by
14prescription only, regardless of whether the products meet the
15definition of "over-the-counter-drugs". For the purposes of
16this paragraph, "over-the-counter-drug" means a drug for human
17use that contains a label that identifies the product as a drug
18as required by 21 C.F.R. 201.66. The "over-the-counter-drug"
19label includes:
20        (A) A "Drug Facts" panel; or
21        (B) A statement of the "active ingredient(s)" with a
22    list of those ingredients contained in the compound,
23    substance or preparation.
24    Beginning on the effective date of this amendatory Act of
25the 98th General Assembly, "prescription and nonprescription
26medicines and drugs" includes medical cannabis purchased from a

 

 

10100HB0895ham001- 49 -LRB101 07600 CPF 56731 a

1registered dispensing organization under the Compassionate Use
2of Medical Cannabis Pilot Program Act.
3    If the property that is purchased at retail from a retailer
4is acquired outside Illinois and used outside Illinois before
5being brought to Illinois for use here and is taxable under
6this Act, the "selling price" on which the tax is computed
7shall be reduced by an amount that represents a reasonable
8allowance for depreciation for the period of prior out-of-state
9use.
10(Source: P.A. 99-143, eff. 7-27-15; 99-858, eff. 8-19-16;
11100-22, eff. 7-6-17.)
 
12    Section 25. The Service Use Tax Act is amended by changing
13Section 3-10 as follows:
 
14    (35 ILCS 110/3-10)  (from Ch. 120, par. 439.33-10)
15    Sec. 3-10. Rate of tax. Unless otherwise provided in this
16Section, the tax imposed by this Act is at the rate of 6.25% of
17the selling price of tangible personal property transferred as
18an incident to the sale of service, but, for the purpose of
19computing this tax, in no event shall the selling price be less
20than the cost price of the property to the serviceman.
21    Beginning on July 1, 2000 and through December 31, 2000,
22with respect to motor fuel, as defined in Section 1.1 of the
23Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
24the Use Tax Act, the tax is imposed at the rate of 1.25%.

 

 

10100HB0895ham001- 50 -LRB101 07600 CPF 56731 a

1    With respect to gasohol, as defined in the Use Tax Act, the
2tax imposed by this Act applies to (i) 70% of the selling price
3of property transferred as an incident to the sale of service
4on or after January 1, 1990, and before July 1, 2003, (ii) 80%
5of the selling price of property transferred as an incident to
6the sale of service on or after July 1, 2003 and on or before
7July 1, 2017, and (iii) 100% of the selling price thereafter.
8If, at any time, however, the tax under this Act on sales of
9gasohol, as defined in the Use Tax Act, is imposed at the rate
10of 1.25%, then the tax imposed by this Act applies to 100% of
11the proceeds of sales of gasohol made during that time.
12    With respect to majority blended ethanol fuel, as defined
13in the Use Tax Act, the tax imposed by this Act does not apply
14to the selling price of property transferred as an incident to
15the sale of service on or after July 1, 2003 and on or before
16December 31, 2023 but applies to 100% of the selling price
17thereafter.
18    With respect to biodiesel blends, as defined in the Use Tax
19Act, with no less than 1% and no more than 10% biodiesel, the
20tax imposed by this Act applies to (i) 80% of the selling price
21of property transferred as an incident to the sale of service
22on or after July 1, 2003 and on or before December 31, 2018 and
23(ii) 100% of the proceeds of the selling price thereafter. If,
24at any time, however, the tax under this Act on sales of
25biodiesel blends, as defined in the Use Tax Act, with no less
26than 1% and no more than 10% biodiesel is imposed at the rate

 

 

10100HB0895ham001- 51 -LRB101 07600 CPF 56731 a

1of 1.25%, then the tax imposed by this Act applies to 100% of
2the proceeds of sales of biodiesel blends with no less than 1%
3and no more than 10% biodiesel made during that time.
4    With respect to 100% biodiesel, as defined in the Use Tax
5Act, and biodiesel blends, as defined in the Use Tax Act, with
6more than 10% but no more than 99% biodiesel, the tax imposed
7by this Act does not apply to the proceeds of the selling price
8of property transferred as an incident to the sale of service
9on or after July 1, 2003 and on or before December 31, 2023 but
10applies to 100% of the selling price thereafter.
11    At the election of any registered serviceman made for each
12fiscal year, sales of service in which the aggregate annual
13cost price of tangible personal property transferred as an
14incident to the sales of service is less than 35%, or 75% in
15the case of servicemen transferring prescription drugs or
16servicemen engaged in graphic arts production, of the aggregate
17annual total gross receipts from all sales of service, the tax
18imposed by this Act shall be based on the serviceman's cost
19price of the tangible personal property transferred as an
20incident to the sale of those services.
21    The tax shall be imposed at the rate of 1% on food prepared
22for immediate consumption and transferred incident to a sale of
23service subject to this Act or the Service Occupation Tax Act
24by an entity licensed under the Hospital Licensing Act, the
25Nursing Home Care Act, the ID/DD Community Care Act, the MC/DD
26Act, the Specialized Mental Health Rehabilitation Act of 2013,

 

 

10100HB0895ham001- 52 -LRB101 07600 CPF 56731 a

1or the Child Care Act of 1969. The tax shall also be imposed at
2the rate of 1% on food for human consumption that is to be
3consumed off the premises where it is sold (other than
4alcoholic beverages, soft drinks, and food that has been
5prepared for immediate consumption and is not otherwise
6included in this paragraph) and prescription and
7nonprescription medicines, drugs, medical appliances, products
8classified as Class III medical devices by the United States
9Food and Drug Administration that are used for cancer treatment
10pursuant to a prescription, as well as any accessories and
11components related to those devices, modifications to a motor
12vehicle for the purpose of rendering it usable by a person with
13a disability, and insulin, urine testing materials, syringes,
14and needles used by diabetics, for human use. For the purposes
15of this Section, until September 1, 2009: the term "soft
16drinks" means any complete, finished, ready-to-use,
17non-alcoholic drink, whether carbonated or not, including but
18not limited to soda water, cola, fruit juice, vegetable juice,
19carbonated water, and all other preparations commonly known as
20soft drinks of whatever kind or description that are contained
21in any closed or sealed bottle, can, carton, or container,
22regardless of size; but "soft drinks" does not include coffee,
23tea, non-carbonated water, infant formula, milk or milk
24products as defined in the Grade A Pasteurized Milk and Milk
25Products Act, or drinks containing 50% or more natural fruit or
26vegetable juice.

 

 

10100HB0895ham001- 53 -LRB101 07600 CPF 56731 a

1    Notwithstanding any other provisions of this Act,
2beginning September 1, 2009, "soft drinks" means non-alcoholic
3beverages that contain natural or artificial sweeteners. "Soft
4drinks" do not include beverages that contain milk or milk
5products, soy, rice or similar milk substitutes, or greater
6than 50% of vegetable or fruit juice by volume.
7    Until August 1, 2009, and notwithstanding any other
8provisions of this Act, "food for human consumption that is to
9be consumed off the premises where it is sold" includes all
10food sold through a vending machine, except soft drinks and
11food products that are dispensed hot from a vending machine,
12regardless of the location of the vending machine. Beginning
13August 1, 2009, and notwithstanding any other provisions of
14this Act, "food for human consumption that is to be consumed
15off the premises where it is sold" includes all food sold
16through a vending machine, except soft drinks, candy, and food
17products that are dispensed hot from a vending machine,
18regardless of the location of the vending machine.
19    Notwithstanding any other provisions of this Act,
20beginning September 1, 2009, "food for human consumption that
21is to be consumed off the premises where it is sold" does not
22include candy. For purposes of this Section, "candy" means a
23preparation of sugar, honey, or other natural or artificial
24sweeteners in combination with chocolate, fruits, nuts or other
25ingredients or flavorings in the form of bars, drops, or
26pieces. "Candy" does not include any preparation that contains

 

 

10100HB0895ham001- 54 -LRB101 07600 CPF 56731 a

1flour or requires refrigeration.
2    Notwithstanding any other provisions of this Act,
3beginning September 1, 2009, "nonprescription medicines and
4drugs" does not include grooming and hygiene products. For
5purposes of this Section, "grooming and hygiene products"
6includes, but is not limited to, soaps and cleaning solutions,
7shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
8lotions and screens, unless those products are available by
9prescription only, regardless of whether the products meet the
10definition of "over-the-counter-drugs". For the purposes of
11this paragraph, "over-the-counter-drug" means a drug for human
12use that contains a label that identifies the product as a drug
13as required by 21 C.F.R. 201.66. The "over-the-counter-drug"
14label includes:
15        (A) A "Drug Facts" panel; or
16        (B) A statement of the "active ingredient(s)" with a
17    list of those ingredients contained in the compound,
18    substance or preparation.
19    Beginning on January 1, 2014 (the effective date of Public
20Act 98-122), "prescription and nonprescription medicines and
21drugs" includes medical cannabis purchased from a registered
22dispensing organization under the Compassionate Use of Medical
23Cannabis Pilot Program Act.
24    If the property that is acquired from a serviceman is
25acquired outside Illinois and used outside Illinois before
26being brought to Illinois for use here and is taxable under

 

 

10100HB0895ham001- 55 -LRB101 07600 CPF 56731 a

1this Act, the "selling price" on which the tax is computed
2shall be reduced by an amount that represents a reasonable
3allowance for depreciation for the period of prior out-of-state
4use.
5(Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15;
699-642, eff. 7-28-16; 99-858, eff. 8-19-16; 100-22, eff.
77-6-17.)
 
8    Section 30. The Service Occupation Tax Act is amended by
9changing Section 3-10 as follows:
 
10    (35 ILCS 115/3-10)  (from Ch. 120, par. 439.103-10)
11    Sec. 3-10. Rate of tax. Unless otherwise provided in this
12Section, the tax imposed by this Act is at the rate of 6.25% of
13the "selling price", as defined in Section 2 of the Service Use
14Tax Act, of the tangible personal property. For the purpose of
15computing this tax, in no event shall the "selling price" be
16less than the cost price to the serviceman of the tangible
17personal property transferred. The selling price of each item
18of tangible personal property transferred as an incident of a
19sale of service may be shown as a distinct and separate item on
20the serviceman's billing to the service customer. If the
21selling price is not so shown, the selling price of the
22tangible personal property is deemed to be 50% of the
23serviceman's entire billing to the service customer. When,
24however, a serviceman contracts to design, develop, and produce

 

 

10100HB0895ham001- 56 -LRB101 07600 CPF 56731 a

1special order machinery or equipment, the tax imposed by this
2Act shall be based on the serviceman's cost price of the
3tangible personal property transferred incident to the
4completion of the contract.
5    Beginning on July 1, 2000 and through December 31, 2000,
6with respect to motor fuel, as defined in Section 1.1 of the
7Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
8the Use Tax Act, the tax is imposed at the rate of 1.25%.
9    With respect to gasohol, as defined in the Use Tax Act, the
10tax imposed by this Act shall apply to (i) 70% of the cost
11price of property transferred as an incident to the sale of
12service on or after January 1, 1990, and before July 1, 2003,
13(ii) 80% of the selling price of property transferred as an
14incident to the sale of service on or after July 1, 2003 and on
15or before July 1, 2017, and (iii) 100% of the cost price
16thereafter. If, at any time, however, the tax under this Act on
17sales of gasohol, as defined in the Use Tax Act, is imposed at
18the rate of 1.25%, then the tax imposed by this Act applies to
19100% of the proceeds of sales of gasohol made during that time.
20    With respect to majority blended ethanol fuel, as defined
21in the Use Tax Act, the tax imposed by this Act does not apply
22to the selling price of property transferred as an incident to
23the sale of service on or after July 1, 2003 and on or before
24December 31, 2023 but applies to 100% of the selling price
25thereafter.
26    With respect to biodiesel blends, as defined in the Use Tax

 

 

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1Act, with no less than 1% and no more than 10% biodiesel, the
2tax imposed by this Act applies to (i) 80% of the selling price
3of property transferred as an incident to the sale of service
4on or after July 1, 2003 and on or before December 31, 2018 and
5(ii) 100% of the proceeds of the selling price thereafter. If,
6at any time, however, the tax under this Act on sales of
7biodiesel blends, as defined in the Use Tax Act, with no less
8than 1% and no more than 10% biodiesel is imposed at the rate
9of 1.25%, then the tax imposed by this Act applies to 100% of
10the proceeds of sales of biodiesel blends with no less than 1%
11and no more than 10% biodiesel made during that time.
12    With respect to 100% biodiesel, as defined in the Use Tax
13Act, and biodiesel blends, as defined in the Use Tax Act, with
14more than 10% but no more than 99% biodiesel material, the tax
15imposed by this Act does not apply to the proceeds of the
16selling price of property transferred as an incident to the
17sale of service on or after July 1, 2003 and on or before
18December 31, 2023 but applies to 100% of the selling price
19thereafter.
20    At the election of any registered serviceman made for each
21fiscal year, sales of service in which the aggregate annual
22cost price of tangible personal property transferred as an
23incident to the sales of service is less than 35%, or 75% in
24the case of servicemen transferring prescription drugs or
25servicemen engaged in graphic arts production, of the aggregate
26annual total gross receipts from all sales of service, the tax

 

 

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1imposed by this Act shall be based on the serviceman's cost
2price of the tangible personal property transferred incident to
3the sale of those services.
4    The tax shall be imposed at the rate of 1% on food prepared
5for immediate consumption and transferred incident to a sale of
6service subject to this Act or the Service Occupation Tax Act
7by an entity licensed under the Hospital Licensing Act, the
8Nursing Home Care Act, the ID/DD Community Care Act, the MC/DD
9Act, the Specialized Mental Health Rehabilitation Act of 2013,
10or the Child Care Act of 1969. The tax shall also be imposed at
11the rate of 1% on food for human consumption that is to be
12consumed off the premises where it is sold (other than
13alcoholic beverages, soft drinks, and food that has been
14prepared for immediate consumption and is not otherwise
15included in this paragraph) and prescription and
16nonprescription medicines, drugs, medical appliances, products
17classified as Class III medical devices by the United States
18Food and Drug Administration that are used for cancer treatment
19pursuant to a prescription, as well as any accessories and
20components related to those devices, modifications to a motor
21vehicle for the purpose of rendering it usable by a person with
22a disability, and insulin, urine testing materials, syringes,
23and needles used by diabetics, for human use. For the purposes
24of this Section, until September 1, 2009: the term "soft
25drinks" means any complete, finished, ready-to-use,
26non-alcoholic drink, whether carbonated or not, including but

 

 

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1not limited to soda water, cola, fruit juice, vegetable juice,
2carbonated water, and all other preparations commonly known as
3soft drinks of whatever kind or description that are contained
4in any closed or sealed can, carton, or container, regardless
5of size; but "soft drinks" does not include coffee, tea,
6non-carbonated water, infant formula, milk or milk products as
7defined in the Grade A Pasteurized Milk and Milk Products Act,
8or drinks containing 50% or more natural fruit or vegetable
9juice.
10    Notwithstanding any other provisions of this Act,
11beginning September 1, 2009, "soft drinks" means non-alcoholic
12beverages that contain natural or artificial sweeteners. "Soft
13drinks" do not include beverages that contain milk or milk
14products, soy, rice or similar milk substitutes, or greater
15than 50% of vegetable or fruit juice by volume.
16    Until August 1, 2009, and notwithstanding any other
17provisions of this Act, "food for human consumption that is to
18be consumed off the premises where it is sold" includes all
19food sold through a vending machine, except soft drinks and
20food products that are dispensed hot from a vending machine,
21regardless of the location of the vending machine. Beginning
22August 1, 2009, and notwithstanding any other provisions of
23this Act, "food for human consumption that is to be consumed
24off the premises where it is sold" includes all food sold
25through a vending machine, except soft drinks, candy, and food
26products that are dispensed hot from a vending machine,

 

 

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1regardless of the location of the vending machine.
2    Notwithstanding any other provisions of this Act,
3beginning September 1, 2009, "food for human consumption that
4is to be consumed off the premises where it is sold" does not
5include candy. For purposes of this Section, "candy" means a
6preparation of sugar, honey, or other natural or artificial
7sweeteners in combination with chocolate, fruits, nuts or other
8ingredients or flavorings in the form of bars, drops, or
9pieces. "Candy" does not include any preparation that contains
10flour or requires refrigeration.
11    Notwithstanding any other provisions of this Act,
12beginning September 1, 2009, "nonprescription medicines and
13drugs" does not include grooming and hygiene products. For
14purposes of this Section, "grooming and hygiene products"
15includes, but is not limited to, soaps and cleaning solutions,
16shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
17lotions and screens, unless those products are available by
18prescription only, regardless of whether the products meet the
19definition of "over-the-counter-drugs". For the purposes of
20this paragraph, "over-the-counter-drug" means a drug for human
21use that contains a label that identifies the product as a drug
22as required by 21 C.F.R. 201.66. The "over-the-counter-drug"
23label includes:
24        (A) A "Drug Facts" panel; or
25        (B) A statement of the "active ingredient(s)" with a
26    list of those ingredients contained in the compound,

 

 

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1    substance or preparation.
2    Beginning on January 1, 2014 (the effective date of Public
3Act 98-122), "prescription and nonprescription medicines and
4drugs" includes medical cannabis purchased from a registered
5dispensing organization under the Compassionate Use of Medical
6Cannabis Pilot Program Act.
7(Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15;
899-642, eff. 7-28-16; 99-858, eff. 8-19-16; 100-22, eff.
97-6-17.)
 
10    Section 35. The Retailers' Occupation Tax Act is amended by
11changing Section 2-10 as follows:
 
12    (35 ILCS 120/2-10)
13    Sec. 2-10. Rate of tax. Unless otherwise provided in this
14Section, the tax imposed by this Act is at the rate of 6.25% of
15gross receipts from sales of tangible personal property made in
16the course of business.
17    Beginning on July 1, 2000 and through December 31, 2000,
18with respect to motor fuel, as defined in Section 1.1 of the
19Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
20the Use Tax Act, the tax is imposed at the rate of 1.25%.
21    Beginning on August 6, 2010 through August 15, 2010, with
22respect to sales tax holiday items as defined in Section 2-8 of
23this Act, the tax is imposed at the rate of 1.25%.
24    Within 14 days after the effective date of this amendatory

 

 

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1Act of the 91st General Assembly, each retailer of motor fuel
2and gasohol shall cause the following notice to be posted in a
3prominently visible place on each retail dispensing device that
4is used to dispense motor fuel or gasohol in the State of
5Illinois: "As of July 1, 2000, the State of Illinois has
6eliminated the State's share of sales tax on motor fuel and
7gasohol through December 31, 2000. The price on this pump
8should reflect the elimination of the tax." The notice shall be
9printed in bold print on a sign that is no smaller than 4
10inches by 8 inches. The sign shall be clearly visible to
11customers. Any retailer who fails to post or maintain a
12required sign through December 31, 2000 is guilty of a petty
13offense for which the fine shall be $500 per day per each
14retail premises where a violation occurs.
15    With respect to gasohol, as defined in the Use Tax Act, the
16tax imposed by this Act applies to (i) 70% of the proceeds of
17sales made on or after January 1, 1990, and before July 1,
182003, (ii) 80% of the proceeds of sales made on or after July
191, 2003 and on or before July 1, 2017, and (iii) 100% of the
20proceeds of sales made thereafter. If, at any time, however,
21the tax under this Act on sales of gasohol, as defined in the
22Use Tax Act, is imposed at the rate of 1.25%, then the tax
23imposed by this Act applies to 100% of the proceeds of sales of
24gasohol made during that time.
25    With respect to majority blended ethanol fuel, as defined
26in the Use Tax Act, the tax imposed by this Act does not apply

 

 

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1to the proceeds of sales made on or after July 1, 2003 and on or
2before December 31, 2023 but applies to 100% of the proceeds of
3sales made thereafter.
4    With respect to biodiesel blends, as defined in the Use Tax
5Act, with no less than 1% and no more than 10% biodiesel, the
6tax imposed by this Act applies to (i) 80% of the proceeds of
7sales made on or after July 1, 2003 and on or before December
831, 2018 and (ii) 100% of the proceeds of sales made
9thereafter. If, at any time, however, the tax under this Act on
10sales of biodiesel blends, as defined in the Use Tax Act, with
11no less than 1% and no more than 10% biodiesel is imposed at
12the rate of 1.25%, then the tax imposed by this Act applies to
13100% of the proceeds of sales of biodiesel blends with no less
14than 1% and no more than 10% biodiesel made during that time.
15    With respect to 100% biodiesel, as defined in the Use Tax
16Act, and biodiesel blends, as defined in the Use Tax Act, with
17more than 10% but no more than 99% biodiesel, the tax imposed
18by this Act does not apply to the proceeds of sales made on or
19after July 1, 2003 and on or before December 31, 2023 but
20applies to 100% of the proceeds of sales made thereafter.
21    With respect to food for human consumption that is to be
22consumed off the premises where it is sold (other than
23alcoholic beverages, soft drinks, and food that has been
24prepared for immediate consumption) and prescription and
25nonprescription medicines, drugs, medical appliances, products
26classified as Class III medical devices by the United States

 

 

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1Food and Drug Administration that are used for cancer treatment
2pursuant to a prescription, as well as any accessories and
3components related to those devices, modifications to a motor
4vehicle for the purpose of rendering it usable by a person with
5a disability, and insulin, urine testing materials, syringes,
6and needles used by diabetics, for human use, the tax is
7imposed at the rate of 1%. For the purposes of this Section,
8until September 1, 2009: the term "soft drinks" means any
9complete, finished, ready-to-use, non-alcoholic drink, whether
10carbonated or not, including but not limited to soda water,
11cola, fruit juice, vegetable juice, carbonated water, and all
12other preparations commonly known as soft drinks of whatever
13kind or description that are contained in any closed or sealed
14bottle, can, carton, or container, regardless of size; but
15"soft drinks" does not include coffee, tea, non-carbonated
16water, infant formula, milk or milk products as defined in the
17Grade A Pasteurized Milk and Milk Products Act, or drinks
18containing 50% or more natural fruit or vegetable juice.
19    Notwithstanding any other provisions of this Act,
20beginning September 1, 2009, "soft drinks" means non-alcoholic
21beverages that contain natural or artificial sweeteners. "Soft
22drinks" do not include beverages that contain milk or milk
23products, soy, rice or similar milk substitutes, or greater
24than 50% of vegetable or fruit juice by volume.
25    Until August 1, 2009, and notwithstanding any other
26provisions of this Act, "food for human consumption that is to

 

 

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1be consumed off the premises where it is sold" includes all
2food sold through a vending machine, except soft drinks and
3food products that are dispensed hot from a vending machine,
4regardless of the location of the vending machine. Beginning
5August 1, 2009, and notwithstanding any other provisions of
6this Act, "food for human consumption that is to be consumed
7off the premises where it is sold" includes all food sold
8through a vending machine, except soft drinks, candy, and food
9products that are dispensed hot from a vending machine,
10regardless of the location of the vending machine.
11    Notwithstanding any other provisions of this Act,
12beginning September 1, 2009, "food for human consumption that
13is to be consumed off the premises where it is sold" does not
14include candy. For purposes of this Section, "candy" means a
15preparation of sugar, honey, or other natural or artificial
16sweeteners in combination with chocolate, fruits, nuts or other
17ingredients or flavorings in the form of bars, drops, or
18pieces. "Candy" does not include any preparation that contains
19flour or requires refrigeration.
20    Notwithstanding any other provisions of this Act,
21beginning September 1, 2009, "nonprescription medicines and
22drugs" does not include grooming and hygiene products. For
23purposes of this Section, "grooming and hygiene products"
24includes, but is not limited to, soaps and cleaning solutions,
25shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
26lotions and screens, unless those products are available by

 

 

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1prescription only, regardless of whether the products meet the
2definition of "over-the-counter-drugs". For the purposes of
3this paragraph, "over-the-counter-drug" means a drug for human
4use that contains a label that identifies the product as a drug
5as required by 21 C.F.R. 201.66. The "over-the-counter-drug"
6label includes:
7        (A) A "Drug Facts" panel; or
8        (B) A statement of the "active ingredient(s)" with a
9    list of those ingredients contained in the compound,
10    substance or preparation.
11    Beginning on the effective date of this amendatory Act of
12the 98th General Assembly, "prescription and nonprescription
13medicines and drugs" includes medical cannabis purchased from a
14registered dispensing organization under the Compassionate Use
15of Medical Cannabis Pilot Program Act.
16(Source: P.A. 99-143, eff. 7-27-15; 99-858, eff. 8-19-16;
17100-22, eff. 7-6-17.)
 
18    Section 40. The School Code is amended by changing Section
1922-33 as follows:
 
20    (105 ILCS 5/22-33)
21    Sec. 22-33. Medical cannabis.
22    (a) This Section may be referred to as Ashley's Law.
23    (a-5) In this Section, "designated caregiver", "medical
24cannabis infused product", "qualifying patient", and

 

 

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1"registered" have the meanings given to those terms under
2Section 10 of the Compassionate Use of Medical Cannabis Pilot
3Program Act.
4    (b) Subject to the restrictions under subsections (c)
5through (g) of this Section, a school district, public school,
6charter school, or nonpublic school shall authorize a parent or
7guardian or any other individual registered with the Department
8of Public Health as a designated caregiver of a student who is
9a registered qualifying patient to administer a medical
10cannabis infused product to the student on the premises of the
11child's school or on the child's school bus if both the student
12(as a registered qualifying patient) and the parent or guardian
13or other individual (as a registered designated caregiver) have
14been issued registry identification cards under the
15Compassionate Use of Medical Cannabis Pilot Program Act. After
16administering the product, the parent or guardian or other
17individual shall remove the product from the school premises or
18the school bus.
19    (c) A parent or guardian or other individual may not
20administer a medical cannabis infused product under this
21Section in a manner that, in the opinion of the school district
22or school, would create a disruption to the school's
23educational environment or would cause exposure of the product
24to other students.
25    (d) A school district or school may not discipline a
26student who is administered a medical cannabis infused product

 

 

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1by a parent or guardian or other individual under this Section
2and may not deny the student's eligibility to attend school
3solely because the student requires the administration of the
4product.
5    (e) Nothing in this Section requires a member of a school's
6staff to administer a medical cannabis infused product to a
7student.
8    (f) A school district, public school, charter school, or
9nonpublic school may not authorize the use of a medical
10cannabis infused product under this Section if the school
11district or school would lose federal funding as a result of
12the authorization.
13    (g) A school district, public school, charter school, or
14nonpublic school shall adopt a policy to implement this
15Section.
16(Source: P.A. 100-660, eff. 8-1-18.)
 
17    Section 45. The Medical Practice Act of 1987 is amended by
18changing Section 22 as follows:
 
19    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
20    (Section scheduled to be repealed on December 31, 2019)
21    Sec. 22. Disciplinary action.
22    (A) The Department may revoke, suspend, place on probation,
23reprimand, refuse to issue or renew, or take any other
24disciplinary or non-disciplinary action as the Department may

 

 

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1deem proper with regard to the license or permit of any person
2issued under this Act, including imposing fines not to exceed
3$10,000 for each violation, upon any of the following grounds:
4        (1) Performance of an elective abortion in any place,
5    locale, facility, or institution other than:
6            (a) a facility licensed pursuant to the Ambulatory
7        Surgical Treatment Center Act;
8            (b) an institution licensed under the Hospital
9        Licensing Act;
10            (c) an ambulatory surgical treatment center or
11        hospitalization or care facility maintained by the
12        State or any agency thereof, where such department or
13        agency has authority under law to establish and enforce
14        standards for the ambulatory surgical treatment
15        centers, hospitalization, or care facilities under its
16        management and control;
17            (d) ambulatory surgical treatment centers,
18        hospitalization or care facilities maintained by the
19        Federal Government; or
20            (e) ambulatory surgical treatment centers,
21        hospitalization or care facilities maintained by any
22        university or college established under the laws of
23        this State and supported principally by public funds
24        raised by taxation.
25        (2) Performance of an abortion procedure in a willful
26    and wanton manner on a woman who was not pregnant at the

 

 

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1    time the abortion procedure was performed.
2        (3) A plea of guilty or nolo contendere, finding of
3    guilt, jury verdict, or entry of judgment or sentencing,
4    including, but not limited to, convictions, preceding
5    sentences of supervision, conditional discharge, or first
6    offender probation, under the laws of any jurisdiction of
7    the United States of any crime that is a felony.
8        (4) Gross negligence in practice under this Act.
9        (5) Engaging in dishonorable, unethical or
10    unprofessional conduct of a character likely to deceive,
11    defraud or harm the public.
12        (6) Obtaining any fee by fraud, deceit, or
13    misrepresentation.
14        (7) Habitual or excessive use or abuse of drugs defined
15    in law as controlled substances, of alcohol, or of any
16    other substances which results in the inability to practice
17    with reasonable judgment, skill or safety.
18        (8) Practicing under a false or, except as provided by
19    law, an assumed name.
20        (9) Fraud or misrepresentation in applying for, or
21    procuring, a license under this Act or in connection with
22    applying for renewal of a license under this Act.
23        (10) Making a false or misleading statement regarding
24    their skill or the efficacy or value of the medicine,
25    treatment, or remedy prescribed by them at their direction
26    in the treatment of any disease or other condition of the

 

 

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1    body or mind.
2        (11) Allowing another person or organization to use
3    their license, procured under this Act, to practice.
4        (12) Adverse action taken by another state or
5    jurisdiction against a license or other authorization to
6    practice as a medical doctor, doctor of osteopathy, doctor
7    of osteopathic medicine or doctor of chiropractic, a
8    certified copy of the record of the action taken by the
9    other state or jurisdiction being prima facie evidence
10    thereof. This includes any adverse action taken by a State
11    or federal agency that prohibits a medical doctor, doctor
12    of osteopathy, doctor of osteopathic medicine, or doctor of
13    chiropractic from providing services to the agency's
14    participants.
15        (13) Violation of any provision of this Act or of the
16    Medical Practice Act prior to the repeal of that Act, or
17    violation of the rules, or a final administrative action of
18    the Secretary, after consideration of the recommendation
19    of the Disciplinary Board.
20        (14) Violation of the prohibition against fee
21    splitting in Section 22.2 of this Act.
22        (15) A finding by the Disciplinary Board that the
23    registrant after having his or her license placed on
24    probationary status or subjected to conditions or
25    restrictions violated the terms of the probation or failed
26    to comply with such terms or conditions.

 

 

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1        (16) Abandonment of a patient.
2        (17) Prescribing, selling, administering,
3    distributing, giving or self-administering any drug
4    classified as a controlled substance (designated product)
5    or narcotic for other than medically accepted therapeutic
6    purposes.
7        (18) Promotion of the sale of drugs, devices,
8    appliances or goods provided for a patient in such manner
9    as to exploit the patient for financial gain of the
10    physician.
11        (19) Offering, undertaking or agreeing to cure or treat
12    disease by a secret method, procedure, treatment or
13    medicine, or the treating, operating or prescribing for any
14    human condition by a method, means or procedure which the
15    licensee refuses to divulge upon demand of the Department.
16        (20) Immoral conduct in the commission of any act
17    including, but not limited to, commission of an act of
18    sexual misconduct related to the licensee's practice.
19        (21) Willfully making or filing false records or
20    reports in his or her practice as a physician, including,
21    but not limited to, false records to support claims against
22    the medical assistance program of the Department of
23    Healthcare and Family Services (formerly Department of
24    Public Aid) under the Illinois Public Aid Code.
25        (22) Willful omission to file or record, or willfully
26    impeding the filing or recording, or inducing another

 

 

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1    person to omit to file or record, medical reports as
2    required by law, or willfully failing to report an instance
3    of suspected abuse or neglect as required by law.
4        (23) Being named as a perpetrator in an indicated
5    report by the Department of Children and Family Services
6    under the Abused and Neglected Child Reporting Act, and
7    upon proof by clear and convincing evidence that the
8    licensee has caused a child to be an abused child or
9    neglected child as defined in the Abused and Neglected
10    Child Reporting Act.
11        (24) Solicitation of professional patronage by any
12    corporation, agents or persons, or profiting from those
13    representing themselves to be agents of the licensee.
14        (25) Gross and willful and continued overcharging for
15    professional services, including filing false statements
16    for collection of fees for which services are not rendered,
17    including, but not limited to, filing such false statements
18    for collection of monies for services not rendered from the
19    medical assistance program of the Department of Healthcare
20    and Family Services (formerly Department of Public Aid)
21    under the Illinois Public Aid Code.
22        (26) A pattern of practice or other behavior which
23    demonstrates incapacity or incompetence to practice under
24    this Act.
25        (27) Mental illness or disability which results in the
26    inability to practice under this Act with reasonable

 

 

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1    judgment, skill or safety.
2        (28) Physical illness, including, but not limited to,
3    deterioration through the aging process, or loss of motor
4    skill which results in a physician's inability to practice
5    under this Act with reasonable judgment, skill or safety.
6        (29) Cheating on or attempt to subvert the licensing
7    examinations administered under this Act.
8        (30) Willfully or negligently violating the
9    confidentiality between physician and patient except as
10    required by law.
11        (31) The use of any false, fraudulent, or deceptive
12    statement in any document connected with practice under
13    this Act.
14        (32) Aiding and abetting an individual not licensed
15    under this Act in the practice of a profession licensed
16    under this Act.
17        (33) Violating state or federal laws or regulations
18    relating to controlled substances, legend drugs, or
19    ephedra as defined in the Ephedra Prohibition Act.
20        (34) Failure to report to the Department any adverse
21    final action taken against them by another licensing
22    jurisdiction (any other state or any territory of the
23    United States or any foreign state or country), by any peer
24    review body, by any health care institution, by any
25    professional society or association related to practice
26    under this Act, by any governmental agency, by any law

 

 

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1    enforcement agency, or by any court for acts or conduct
2    similar to acts or conduct which would constitute grounds
3    for action as defined in this Section.
4        (35) Failure to report to the Department surrender of a
5    license or authorization to practice as a medical doctor, a
6    doctor of osteopathy, a doctor of osteopathic medicine, or
7    doctor of chiropractic in another state or jurisdiction, or
8    surrender of membership on any medical staff or in any
9    medical or professional association or society, while
10    under disciplinary investigation by any of those
11    authorities or bodies, for acts or conduct similar to acts
12    or conduct which would constitute grounds for action as
13    defined in this Section.
14        (36) Failure to report to the Department any adverse
15    judgment, settlement, or award arising from a liability
16    claim related to acts or conduct similar to acts or conduct
17    which would constitute grounds for action as defined in
18    this Section.
19        (37) Failure to provide copies of medical records as
20    required by law.
21        (38) Failure to furnish the Department, its
22    investigators or representatives, relevant information,
23    legally requested by the Department after consultation
24    with the Chief Medical Coordinator or the Deputy Medical
25    Coordinator.
26        (39) Violating the Health Care Worker Self-Referral

 

 

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1    Act.
2        (40) Willful failure to provide notice when notice is
3    required under the Parental Notice of Abortion Act of 1995.
4        (41) Failure to establish and maintain records of
5    patient care and treatment as required by this law.
6        (42) Entering into an excessive number of written
7    collaborative agreements with licensed advanced practice
8    registered nurses resulting in an inability to adequately
9    collaborate.
10        (43) Repeated failure to adequately collaborate with a
11    licensed advanced practice registered nurse.
12        (44) Violating the Compassionate Use of Medical
13    Cannabis Pilot Program Act.
14        (45) Entering into an excessive number of written
15    collaborative agreements with licensed prescribing
16    psychologists resulting in an inability to adequately
17    collaborate.
18        (46) Repeated failure to adequately collaborate with a
19    licensed prescribing psychologist.
20        (47) Willfully failing to report an instance of
21    suspected abuse, neglect, financial exploitation, or
22    self-neglect of an eligible adult as defined in and
23    required by the Adult Protective Services Act.
24        (48) Being named as an abuser in a verified report by
25    the Department on Aging under the Adult Protective Services
26    Act, and upon proof by clear and convincing evidence that

 

 

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1    the licensee abused, neglected, or financially exploited
2    an eligible adult as defined in the Adult Protective
3    Services Act.
4        (49) Entering into an excessive number of written
5    collaborative agreements with licensed physician
6    assistants resulting in an inability to adequately
7    collaborate.
8        (50) Repeated failure to adequately collaborate with a
9    physician assistant.
10    Except for actions involving the ground numbered (26), all
11proceedings to suspend, revoke, place on probationary status,
12or take any other disciplinary action as the Department may
13deem proper, with regard to a license on any of the foregoing
14grounds, must be commenced within 5 years next after receipt by
15the Department of a complaint alleging the commission of or
16notice of the conviction order for any of the acts described
17herein. Except for the grounds numbered (8), (9), (26), and
18(29), no action shall be commenced more than 10 years after the
19date of the incident or act alleged to have violated this
20Section. For actions involving the ground numbered (26), a
21pattern of practice or other behavior includes all incidents
22alleged to be part of the pattern of practice or other behavior
23that occurred, or a report pursuant to Section 23 of this Act
24received, within the 10-year period preceding the filing of the
25complaint. In the event of the settlement of any claim or cause
26of action in favor of the claimant or the reduction to final

 

 

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1judgment of any civil action in favor of the plaintiff, such
2claim, cause of action or civil action being grounded on the
3allegation that a person licensed under this Act was negligent
4in providing care, the Department shall have an additional
5period of 2 years from the date of notification to the
6Department under Section 23 of this Act of such settlement or
7final judgment in which to investigate and commence formal
8disciplinary proceedings under Section 36 of this Act, except
9as otherwise provided by law. The time during which the holder
10of the license was outside the State of Illinois shall not be
11included within any period of time limiting the commencement of
12disciplinary action by the Department.
13    The entry of an order or judgment by any circuit court
14establishing that any person holding a license under this Act
15is a person in need of mental treatment operates as a
16suspension of that license. That person may resume their
17practice only upon the entry of a Departmental order based upon
18a finding by the Disciplinary Board that they have been
19determined to be recovered from mental illness by the court and
20upon the Disciplinary Board's recommendation that they be
21permitted to resume their practice.
22    The Department may refuse to issue or take disciplinary
23action concerning the license of any person who fails to file a
24return, or to pay the tax, penalty or interest shown in a filed
25return, or to pay any final assessment of tax, penalty or
26interest, as required by any tax Act administered by the

 

 

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1Illinois Department of Revenue, until such time as the
2requirements of any such tax Act are satisfied as determined by
3the Illinois Department of Revenue.
4    The Department, upon the recommendation of the
5Disciplinary Board, shall adopt rules which set forth standards
6to be used in determining:
7        (a) when a person will be deemed sufficiently
8    rehabilitated to warrant the public trust;
9        (b) what constitutes dishonorable, unethical or
10    unprofessional conduct of a character likely to deceive,
11    defraud, or harm the public;
12        (c) what constitutes immoral conduct in the commission
13    of any act, including, but not limited to, commission of an
14    act of sexual misconduct related to the licensee's
15    practice; and
16        (d) what constitutes gross negligence in the practice
17    of medicine.
18    However, no such rule shall be admissible into evidence in
19any civil action except for review of a licensing or other
20disciplinary action under this Act.
21    In enforcing this Section, the Disciplinary Board or the
22Licensing Board, upon a showing of a possible violation, may
23compel, in the case of the Disciplinary Board, any individual
24who is licensed to practice under this Act or holds a permit to
25practice under this Act, or, in the case of the Licensing
26Board, any individual who has applied for licensure or a permit

 

 

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1pursuant to this Act, to submit to a mental or physical
2examination and evaluation, or both, which may include a
3substance abuse or sexual offender evaluation, as required by
4the Licensing Board or Disciplinary Board and at the expense of
5the Department. The Disciplinary Board or Licensing Board shall
6specifically designate the examining physician licensed to
7practice medicine in all of its branches or, if applicable, the
8multidisciplinary team involved in providing the mental or
9physical examination and evaluation, or both. The
10multidisciplinary team shall be led by a physician licensed to
11practice medicine in all of its branches and may consist of one
12or more or a combination of physicians licensed to practice
13medicine in all of its branches, licensed chiropractic
14physicians, licensed clinical psychologists, licensed clinical
15social workers, licensed clinical professional counselors, and
16other professional and administrative staff. Any examining
17physician or member of the multidisciplinary team may require
18any person ordered to submit to an examination and evaluation
19pursuant to this Section to submit to any additional
20supplemental testing deemed necessary to complete any
21examination or evaluation process, including, but not limited
22to, blood testing, urinalysis, psychological testing, or
23neuropsychological testing. The Disciplinary Board, the
24Licensing Board, or the Department may order the examining
25physician or any member of the multidisciplinary team to
26provide to the Department, the Disciplinary Board, or the

 

 

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1Licensing Board any and all records, including business
2records, that relate to the examination and evaluation,
3including any supplemental testing performed. The Disciplinary
4Board, the Licensing Board, or the Department may order the
5examining physician or any member of the multidisciplinary team
6to present testimony concerning this examination and
7evaluation of the licensee, permit holder, or applicant,
8including testimony concerning any supplemental testing or
9documents relating to the examination and evaluation. No
10information, report, record, or other documents in any way
11related to the examination and evaluation shall be excluded by
12reason of any common law or statutory privilege relating to
13communication between the licensee, permit holder, or
14applicant and the examining physician or any member of the
15multidisciplinary team. No authorization is necessary from the
16licensee, permit holder, or applicant ordered to undergo an
17evaluation and examination for the examining physician or any
18member of the multidisciplinary team to provide information,
19reports, records, or other documents or to provide any
20testimony regarding the examination and evaluation. The
21individual to be examined may have, at his or her own expense,
22another physician of his or her choice present during all
23aspects of the examination. Failure of any individual to submit
24to mental or physical examination and evaluation, or both, when
25directed, shall result in an automatic suspension, without
26hearing, until such time as the individual submits to the

 

 

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1examination. If the Disciplinary Board or Licensing Board finds
2a physician unable to practice following an examination and
3evaluation because of the reasons set forth in this Section,
4the Disciplinary Board or Licensing Board shall require such
5physician to submit to care, counseling, or treatment by
6physicians, or other health care professionals, approved or
7designated by the Disciplinary Board, as a condition for
8issued, continued, reinstated, or renewed licensure to
9practice. Any physician, whose license was granted pursuant to
10Sections 9, 17, or 19 of this Act, or, continued, reinstated,
11renewed, disciplined or supervised, subject to such terms,
12conditions or restrictions who shall fail to comply with such
13terms, conditions or restrictions, or to complete a required
14program of care, counseling, or treatment, as determined by the
15Chief Medical Coordinator or Deputy Medical Coordinators,
16shall be referred to the Secretary for a determination as to
17whether the licensee shall have their license suspended
18immediately, pending a hearing by the Disciplinary Board. In
19instances in which the Secretary immediately suspends a license
20under this Section, a hearing upon such person's license must
21be convened by the Disciplinary Board within 15 days after such
22suspension and completed without appreciable delay. The
23Disciplinary Board shall have the authority to review the
24subject physician's record of treatment and counseling
25regarding the impairment, to the extent permitted by applicable
26federal statutes and regulations safeguarding the

 

 

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1confidentiality of medical records.
2    An individual licensed under this Act, affected under this
3Section, shall be afforded an opportunity to demonstrate to the
4Disciplinary Board that they can resume practice in compliance
5with acceptable and prevailing standards under the provisions
6of their license.
7    The Department may promulgate rules for the imposition of
8fines in disciplinary cases, not to exceed $10,000 for each
9violation of this Act. Fines may be imposed in conjunction with
10other forms of disciplinary action, but shall not be the
11exclusive disposition of any disciplinary action arising out of
12conduct resulting in death or injury to a patient. Any funds
13collected from such fines shall be deposited in the Illinois
14State Medical Disciplinary Fund.
15    All fines imposed under this Section shall be paid within
1660 days after the effective date of the order imposing the fine
17or in accordance with the terms set forth in the order imposing
18the fine.
19    (B) The Department shall revoke the license or permit
20issued under this Act to practice medicine or a chiropractic
21physician who has been convicted a second time of committing
22any felony under the Illinois Controlled Substances Act or the
23Methamphetamine Control and Community Protection Act, or who
24has been convicted a second time of committing a Class 1 felony
25under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
26person whose license or permit is revoked under this subsection

 

 

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1B shall be prohibited from practicing medicine or treating
2human ailments without the use of drugs and without operative
3surgery.
4    (C) The Department shall not revoke, suspend, place on
5probation, reprimand, refuse to issue or renew, or take any
6other disciplinary or non-disciplinary action against the
7license or permit issued under this Act to practice medicine to
8a physician:
9        (1) based solely upon the recommendation of the
10    physician to an eligible patient regarding, or
11    prescription for, or treatment with, an investigational
12    drug, biological product, or device; or
13        (2) for experimental treatment for Lyme disease or
14    other tick-borne diseases, including, but not limited to,
15    the prescription of or treatment with long-term
16    antibiotics.
17    (D) The Disciplinary Board shall recommend to the
18Department civil penalties and any other appropriate
19discipline in disciplinary cases when the Board finds that a
20physician willfully performed an abortion with actual
21knowledge that the person upon whom the abortion has been
22performed is a minor or an incompetent person without notice as
23required under the Parental Notice of Abortion Act of 1995.
24Upon the Board's recommendation, the Department shall impose,
25for the first violation, a civil penalty of $1,000 and for a
26second or subsequent violation, a civil penalty of $5,000.

 

 

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1(Source: P.A. 99-270, eff. 1-1-16; 99-933, eff. 1-27-17;
2100-429, eff. 8-25-17; 100-513, eff. 1-1-18; 100-605, eff.
31-1-19; 100-863, eff. 8-14-18; 100-1137, eff. 1-1-19; revised
412-19-18.)
 
5    Section 50. The Compassionate Use of Medical Cannabis Pilot
6Program Act is amended by changing Sections 1, 7, 10, 30, 35,
736, 55, 57, 62, 75, 130, 195, and 200 as follows:
 
8    (410 ILCS 130/1)
9    (Section scheduled to be repealed on July 1, 2020)
10    Sec. 1. Short title. This Act may be cited as the
11Compassionate Use of Medical Cannabis Pilot Program Act.
12(Source: P.A. 98-122, eff. 1-1-14.)
 
13    (410 ILCS 130/7)
14    (Section scheduled to be repealed on July 1, 2020)
15    Sec. 7. Lawful user and lawful products. For the purposes
16of this Act and to clarify the legislative findings on the
17lawful use of cannabis:
18        (1) A cardholder under this Act shall not be considered
19    an unlawful user or addicted to narcotics solely as a
20    result of his or her qualifying patient or designated
21    caregiver status.
22        (2) All medical cannabis products purchased by a
23    qualifying patient at a licensed dispensing organization

 

 

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1    shall be lawful products and a distinction shall be made
2    between medical and non-medical uses of cannabis as a
3    result of the qualifying patient's cardholder status,
4    provisional registration for qualifying patient cardholder
5    status, or participation in the Opioid Alternative Pilot
6    Program under the authorized use granted under State law.
7        (3) An individual with a provisional registration for
8    qualifying patient cardholder status, a qualifying patient
9    in the Compassionate Use of Medical Cannabis Program
10    medical cannabis pilot program, or an Opioid Alternative
11    Pilot Program participant under Section 62 shall not be
12    considered an unlawful user or addicted to narcotics solely
13    as a result of his or her application to or participation
14    in the program.
15(Source: P.A. 99-519, eff. 6-30-16; 100-1114, eff. 8-28-18.)
 
16    (410 ILCS 130/10)
17    (Section scheduled to be repealed on July 1, 2020)
18    Sec. 10. Definitions. The following terms, as used in this
19Act, shall have the meanings set forth in this Section:
20    (a) "Adequate supply" means:
21        (1) 2.5 ounces of usable cannabis during a period of 14
22    days and that is derived solely from an intrastate source.
23        (2) Subject to the rules of the Department of Public
24    Health, a patient may apply for a waiver where a physician
25    provides a substantial medical basis in a signed, written

 

 

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1    statement asserting that, based on the patient's medical
2    history, in the physician's professional judgment, 2.5
3    ounces is an insufficient adequate supply for a 14-day
4    period to properly alleviate the patient's debilitating
5    medical condition or symptoms associated with the
6    debilitating medical condition.
7        (3) This subsection may not be construed to authorize
8    the possession of more than 2.5 ounces at any time without
9    authority from the Department of Public Health.
10        (4) The pre-mixed weight of medical cannabis used in
11    making a cannabis infused product shall apply toward the
12    limit on the total amount of medical cannabis a registered
13    qualifying patient may possess at any one time.
14    (b) "Cannabis" has the meaning given that term in Section 3
15of the Cannabis Control Act.
16    (c) "Cannabis plant monitoring system" means a system that
17includes, but is not limited to, testing and data collection
18established and maintained by the registered cultivation
19center and available to the Department for the purposes of
20documenting each cannabis plant and for monitoring plant
21development throughout the life cycle of a cannabis plant
22cultivated for the intended use by a qualifying patient from
23seed planting to final packaging.
24    (d) "Cardholder" means a qualifying patient or a designated
25caregiver who has been issued and possesses a valid registry
26identification card by the Department of Public Health.

 

 

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1    (e) "Cultivation center" means a facility operated by an
2organization or business that is registered by the Department
3of Agriculture to perform necessary activities to provide only
4registered medical cannabis dispensing organizations with
5usable medical cannabis.
6    (f) "Cultivation center agent" means a principal officer,
7board member, employee, or agent of a registered cultivation
8center who is 21 years of age or older and has not been
9convicted of an excluded offense.
10    (g) "Cultivation center agent identification card" means a
11document issued by the Department of Agriculture that
12identifies a person as a cultivation center agent.
13    (h) "Debilitating medical condition" means one or more of
14the following:
15        (1) cancer, glaucoma, positive status for human
16    immunodeficiency virus, acquired immune deficiency
17    syndrome, hepatitis C, amyotrophic lateral sclerosis,
18    Crohn's disease, agitation of Alzheimer's disease,
19    cachexia/wasting syndrome, muscular dystrophy, severe
20    fibromyalgia, spinal cord disease, including but not
21    limited to arachnoiditis, Tarlov cysts, hydromyelia,
22    syringomyelia, Rheumatoid arthritis, fibrous dysplasia,
23    spinal cord injury, traumatic brain injury and
24    post-concussion syndrome, Multiple Sclerosis,
25    Arnold-Chiari malformation and Syringomyelia,
26    Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's,

 

 

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1    Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD
2    (Complex Regional Pain Syndromes Type I), Causalgia, CRPS
3    (Complex Regional Pain Syndromes Type II),
4    Neurofibromatosis, Chronic Inflammatory Demyelinating
5    Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial
6    Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella
7    syndrome, residual limb pain, seizures (including those
8    characteristic of epilepsy), post-traumatic stress
9    disorder (PTSD), autism, chronic pain, irritable bowel
10    syndrome, migraines, osteoarthritis, anorexia nervosa,
11    Ehlers-Danlos Syndrome, Neuro-Behcet's Autoimmune Disease,
12    neuropathy, polycystic kidney disease, superior canal
13    dehiscence syndrome, or the treatment of these conditions;
14        (1.5) terminal illness with a diagnosis of 6 months or
15    less; if the terminal illness is not one of the qualifying
16    debilitating medical conditions, then the physician shall
17    on the certification form identify the cause of the
18    terminal illness; or
19        (1.10) a medical condition or symptom that, in the
20    professional opinion and experience of the physician, a
21    person with the condition or symptom may benefit from the
22    use of medical cannabis; or
23        (2) any other debilitating medical condition or its
24    treatment that is added by the Department of Public Health
25    by rule as provided in Section 45.
26    (i) "Designated caregiver" means a person who: (1) is at

 

 

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1least 21 years of age; (2) has agreed to assist with a
2patient's medical use of cannabis; (3) has not been convicted
3of an excluded offense; and (4) assists no more than one
4registered qualifying patient with his or her medical use of
5cannabis.
6    (j) "Dispensing organization agent identification card"
7means a document issued by the Department of Financial and
8Professional Regulation that identifies a person as a medical
9cannabis dispensing organization agent.
10    (k) "Enclosed, locked facility" means a room, greenhouse,
11building, or other enclosed area equipped with locks or other
12security devices that permit access only by a cultivation
13center's agents or a dispensing organization's agent working
14for the registered cultivation center or the registered
15dispensing organization to cultivate, store, and distribute
16cannabis for registered qualifying patients.
17    (l) "Excluded offense" for cultivation center agents and
18dispensing organizations means:
19        (1) a violent crime defined in Section 3 of the Rights
20    of Crime Victims and Witnesses Act or a substantially
21    similar offense that was classified as a felony in the
22    jurisdiction where the person was convicted; or
23        (2) a violation of a state or federal controlled
24    substance law, the Cannabis Control Act, or the
25    Methamphetamine Control and Community Protection Act that
26    was classified as a felony in the jurisdiction where the

 

 

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1    person was convicted, except that the registering
2    Department may waive this restriction if the person
3    demonstrates to the registering Department's satisfaction
4    that his or her conviction was for the possession,
5    cultivation, transfer, or delivery of a reasonable amount
6    of cannabis intended for medical use. This exception does
7    not apply if the conviction was under state law and
8    involved a violation of an existing medical cannabis law.
9    For purposes of this subsection, the Department of Public
10Health shall determine by emergency rule within 30 days after
11the effective date of this amendatory Act of the 99th General
12Assembly what constitutes a "reasonable amount".
13    (l-5) (Blank).
14    (l-10) "Illinois Cannabis Tracking System" means a
15web-based system established and maintained by the Department
16of Public Health that is available to the Department of
17Agriculture, the Department of Financial and Professional
18Regulation, the Illinois State Police, and registered medical
19cannabis dispensing organizations on a 24-hour basis to upload
20written certifications for Opioid Alternative Pilot Program
21participants, to verify Opioid Alternative Pilot Program
22participants, to verify Opioid Alternative Pilot Program
23participants' available cannabis allotment and assigned
24dispensary, and the tracking of the date of sale, amount, and
25price of medical cannabis purchased by an Opioid Alternative
26Pilot Program participant.

 

 

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1    (m) "Medical cannabis cultivation center registration"
2means a registration issued by the Department of Agriculture.
3    (n) "Medical cannabis container" means a sealed,
4traceable, food compliant, tamper resistant, tamper evident
5container, or package used for the purpose of containment of
6medical cannabis from a cultivation center to a dispensing
7organization.
8    (o) "Medical cannabis dispensing organization", or
9"dispensing organization", or "dispensary organization" means
10a facility operated by an organization or business that is
11registered by the Department of Financial and Professional
12Regulation to acquire medical cannabis from a registered
13cultivation center for the purpose of dispensing cannabis,
14paraphernalia, or related supplies and educational materials
15to registered qualifying patients, individuals with a
16provisional registration for qualifying patient cardholder
17status, or an Opioid Alternative Pilot Program participant.
18    (p) "Medical cannabis dispensing organization agent" or
19"dispensing organization agent" means a principal officer,
20board member, employee, or agent of a registered medical
21cannabis dispensing organization who is 21 years of age or
22older and has not been convicted of an excluded offense.
23    (q) "Medical cannabis infused product" means food, oils,
24ointments, or other products containing usable cannabis that
25are not smoked.
26    (r) "Medical use" means the acquisition; administration;

 

 

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1delivery; possession; transfer; transportation; or use of
2cannabis to treat or alleviate a registered qualifying
3patient's debilitating medical condition or symptoms
4associated with the patient's debilitating medical condition.
5    (r-5) "Opioid" means a narcotic drug or substance that is a
6Schedule II controlled substance under paragraph (1), (2), (3),
7or (5) of subsection (b) or under subsection (c) of Section 206
8of the Illinois Controlled Substances Act.
9    (r-10) "Opioid Alternative Pilot Program participant"
10means an individual who has received a valid written
11certification to participate in the Opioid Alternative Pilot
12Program for a medical condition for which an opioid has been or
13could be prescribed by a physician based on generally accepted
14standards of care.
15    (s) "Physician" means a doctor of medicine or doctor of
16osteopathy licensed under the Medical Practice Act of 1987 to
17practice medicine and who has a controlled substances license
18under Article III of the Illinois Controlled Substances Act. It
19does not include a licensed practitioner under any other Act
20including but not limited to the Illinois Dental Practice Act.
21    (s-5) "Provisional registration" means a document issued
22by the Department of Public Health to a qualifying patient who
23has submitted: (1) an online application and paid a fee to
24participate in Compassionate Use of Medical Cannabis Pilot
25Program pending approval or denial of the patient's
26application; or (2) a completed application for terminal

 

 

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1illness.
2    (t) "Qualifying patient" means a person who has been
3diagnosed by a physician as having a debilitating medical
4condition.
5    (u) "Registered" means licensed, permitted, or otherwise
6certified by the Department of Agriculture, Department of
7Public Health, or Department of Financial and Professional
8Regulation.
9    (v) "Registry identification card" means a document issued
10by the Department of Public Health that identifies a person as
11a registered qualifying patient or registered designated
12caregiver.
13    (w) "Usable cannabis" means the seeds, leaves, buds, and
14flowers of the cannabis plant and any mixture or preparation
15thereof, but does not include the stalks, and roots of the
16plant. It does not include the weight of any non-cannabis
17ingredients combined with cannabis, such as ingredients added
18to prepare a topical administration, food, or drink.
19    (x) "Verification system" means a Web-based system
20established and maintained by the Department of Public Health
21that is available to the Department of Agriculture, the
22Department of Financial and Professional Regulation, law
23enforcement personnel, and registered medical cannabis
24dispensing organization agents on a 24-hour basis for the
25verification of registry identification cards, the tracking of
26delivery of medical cannabis to medical cannabis dispensing

 

 

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1organizations, and the tracking of the date of sale, amount,
2and price of medical cannabis purchased by a registered
3qualifying patient.
4    (y) "Written certification" means a document dated and
5signed by a physician, stating (1) that the qualifying patient
6has a debilitating medical condition and specifying the
7debilitating medical condition the qualifying patient has; and
8(2) that (A) the physician is treating or managing treatment of
9the patient's debilitating medical condition; or (B) an Opioid
10Alternative Pilot Program participant has a medical condition
11for which opioids have been or could be prescribed. A written
12certification shall be made only in the course of a bona fide
13physician-patient relationship, after the physician has
14completed an assessment of either a qualifying patient's
15medical history or Opioid Alternative Pilot Program
16participant, reviewed relevant records related to the
17patient's debilitating condition, and conducted a physical
18examination.
19    (z) "Bona fide physician-patient relationship" means a
20relationship established at a hospital, physician's office, or
21other health care facility in which the physician has an
22ongoing responsibility for the assessment, care, and treatment
23of a patient's debilitating medical condition or a symptom of
24the patient's debilitating medical condition.
25    A veteran who has received treatment at a VA hospital shall
26be deemed to have a bona fide physician-patient relationship

 

 

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1with a VA physician if the patient has been seen for his or her
2debilitating medical condition at the VA Hospital in accordance
3with VA Hospital protocols.
4    A bona fide physician-patient relationship under this
5subsection is a privileged communication within the meaning of
6Section 8-802 of the Code of Civil Procedure.
7(Source: P.A. 99-519, eff. 6-30-16; 100-1114, eff. 8-28-18.)
 
8    (410 ILCS 130/30)
9    (Section scheduled to be repealed on July 1, 2020)
10    Sec. 30. Limitations and penalties.
11    (a) This Act does not permit any person to engage in, and
12does not prevent the imposition of any civil, criminal, or
13other penalties for engaging in, the following conduct:
14        (1) Undertaking any task under the influence of
15    cannabis, when doing so would constitute negligence,
16    professional malpractice, or professional misconduct;
17        (2) Possessing cannabis:
18            (A) except as provided under Section 22-33 of the
19        School Code, in a school bus;
20            (B) except as provided under Section 22-33 of the
21        School Code, on the grounds of any preschool or primary
22        or secondary school;
23            (C) in any correctional facility;
24            (D) in a vehicle under Section 11-502.1 of the
25        Illinois Vehicle Code;

 

 

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1            (E) in a vehicle not open to the public unless the
2        medical cannabis is in a reasonably secured, sealed,
3        tamper-evident container and reasonably inaccessible
4        while the vehicle is moving; or
5            (F) in a private residence that is used at any time
6        to provide licensed child care or other similar social
7        service care on the premises;
8        (3) Using cannabis:
9            (A) except as provided under Section 22-33 of the
10        School Code, in a school bus;
11            (B) except as provided under Section 22-33 of the
12        School Code, on the grounds of any preschool or primary
13        or secondary school;
14            (C) in any correctional facility;
15            (D) in any motor vehicle;
16            (E) in a private residence that is used at any time
17        to provide licensed child care or other similar social
18        service care on the premises;
19            (F) except as provided under Section 22-33 of the
20        School Code, in any public place. "Public place" as
21        used in this subsection means any place where an
22        individual could reasonably be expected to be observed
23        by others. A "public place" includes all parts of
24        buildings owned in whole or in part, or leased, by the
25        State or a local unit of government. A "public place"
26        does not include a private residence unless the private

 

 

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1        residence is used to provide licensed child care,
2        foster care, or other similar social service care on
3        the premises. For purposes of this subsection, a
4        "public place" does not include a health care facility.
5        For purposes of this Section, a "health care facility"
6        includes, but is not limited to, hospitals, nursing
7        homes, hospice care centers, and long-term care
8        facilities;
9            (G) except as provided under Section 22-33 of the
10        School Code, knowingly in close physical proximity to
11        anyone under the age of 18 years of age;
12        (4) Smoking medical cannabis in any public place where
13    an individual could reasonably be expected to be observed
14    by others, in a health care facility, or any other place
15    where smoking is prohibited under the Smoke Free Illinois
16    Act;
17        (5) Operating, navigating, or being in actual physical
18    control of any motor vehicle, aircraft, or motorboat while
19    using or under the influence of cannabis in violation of
20    Sections 11-501 and 11-502.1 of the Illinois Vehicle Code;
21        (6) Using or possessing cannabis if that person does
22    not have a debilitating medical condition and is not a
23    registered qualifying patient or caregiver;
24        (7) Allowing any person who is not allowed to use
25    cannabis under this Act to use cannabis that a cardholder
26    is allowed to possess under this Act;

 

 

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1        (8) Transferring cannabis to any person contrary to the
2    provisions of this Act;
3        (9) The use of medical cannabis by an active duty law
4    enforcement officer, correctional officer, correctional
5    probation officer, or firefighter; or
6        (10) The use of medical cannabis by a person who has a
7    school bus permit or a Commercial Driver's License.
8    (b) Nothing in this Act shall be construed to prevent the
9arrest or prosecution of a registered qualifying patient for
10reckless driving or driving under the influence of cannabis
11where probable cause exists.
12    (c) Notwithstanding any other criminal penalties related
13to the unlawful possession of cannabis, knowingly making a
14misrepresentation to a law enforcement official of any fact or
15circumstance relating to the medical use of cannabis to avoid
16arrest or prosecution is a petty offense punishable by a fine
17of up to $1,000, which shall be in addition to any other
18penalties that may apply for making a false statement or for
19the use of cannabis other than use undertaken under this Act.
20    (d) Notwithstanding any other criminal penalties related
21to the unlawful possession of cannabis, any person who makes a
22misrepresentation of a medical condition to a physician or
23fraudulently provides material misinformation to a physician
24in order to obtain a written certification is guilty of a petty
25offense punishable by a fine of up to $1,000.
26    (e) Any cardholder or registered caregiver who sells

 

 

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1cannabis shall have his or her registry identification card
2revoked and is subject to other penalties for the unauthorized
3sale of cannabis.
4    (f) Any registered qualifying patient who commits a
5violation of Section 11-502.1 of the Illinois Vehicle Code or
6refuses a properly requested test related to operating a motor
7vehicle while under the influence of cannabis shall have his or
8her registry identification card revoked.
9    (g) No registered qualifying patient or designated
10caregiver shall knowingly obtain, seek to obtain, or possess,
11individually or collectively, an amount of usable cannabis from
12a registered medical cannabis dispensing organization that
13would cause him or her to exceed the authorized adequate supply
14under subsection (a) of Section 10.
15    (h) Nothing in this Act shall prevent a private business
16from restricting or prohibiting the medical use of cannabis on
17its property.
18    (i) Nothing in this Act shall prevent a university,
19college, or other institution of post-secondary education from
20restricting or prohibiting the use of medical cannabis on its
21property.
22(Source: P.A. 100-660, eff. 8-1-18.)
 
23    (410 ILCS 130/35)
24    (Section scheduled to be repealed on July 1, 2020)
25    Sec. 35. Physician requirements.

 

 

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1    (a) A physician who certifies a debilitating medical
2condition for a qualifying patient shall comply with all of the
3following requirements:
4        (1) The Physician shall be currently licensed under the
5    Medical Practice Act of 1987 to practice medicine in all
6    its branches and in good standing, and must hold a
7    controlled substances license under Article III of the
8    Illinois Controlled Substances Act.
9        (2) A physician certifying a patient's condition shall
10    comply with generally accepted standards of medical
11    practice, the provisions of the Medical Practice Act of
12    1987 and all applicable rules.
13        (3) The physical examination required by this Act may
14    not be performed by remote means, including telemedicine.
15        (4) The physician shall maintain a record-keeping
16    system for all patients for whom the physician has
17    certified the patient's medical condition. These records
18    shall be accessible to and subject to review by the
19    Department of Public Health and the Department of Financial
20    and Professional Regulation upon request.
21    (b) A physician may not:
22        (1) (blank); accept, solicit, or offer any form of
23    remuneration from or to a qualifying patient, primary
24    caregiver, cultivation center, or dispensing organization,
25    including each principal officer, board member, agent, and
26    employee, to certify a patient, other than accepting

 

 

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1    payment from a patient for the fee associated with the
2    required examination;
3        (2) offer a discount of any other item of value to a
4    qualifying patient who uses or agrees to use a particular
5    primary caregiver or dispensing organization to obtain
6    medical cannabis;
7        (3) conduct a personal physical examination of a
8    patient for purposes of diagnosing a debilitating medical
9    condition at a location where medical cannabis is sold or
10    distributed or at the address of a principal officer,
11    agent, or employee or a medical cannabis organization;
12        (4) hold a direct or indirect economic interest in a
13    cultivation center or dispensing organization if he or she
14    recommends the use of medical cannabis to qualified
15    patients or is in a partnership or other fee or
16    profit-sharing relationship with a physician who
17    recommends medical cannabis, except for the limited
18    purpose of performing a medical cannabis related research
19    study;
20        (5) serve on the board of directors or as an employee
21    of a cultivation center or dispensing organization;
22        (6) refer patients to a cultivation center, a
23    dispensing organization, or a registered designated
24    caregiver; or
25        (7) advertise in a cultivation center or a dispensing
26    organization.

 

 

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1    (c) The Department of Public Health may with reasonable
2cause refer a physician, who has certified a debilitating
3medical condition of a patient, to the Illinois Department of
4Financial and Professional Regulation for potential violations
5of this Section.
6    (d) Any violation of this Section or any other provision of
7this Act or rules adopted under this Act is a violation of the
8Medical Practice Act of 1987.
9    (e) A physician who certifies a debilitating medical
10condition for a qualifying patient may notify the Department of
11Public Health in writing: (1) if the physician has reason to
12believe either that the registered qualifying patient has
13ceased to suffer from a debilitating medical condition; (2)
14that the bona fide physician-patient relationship has
15terminated; or (3) that continued use of medical cannabis would
16result in contraindication with the patient's other
17medication. The registered qualifying patient's registry
18identification card shall be revoked by the Department of
19Public Health after receiving the physician's notification.
20(Source: P.A. 99-519, eff. 6-30-16; 100-1114, eff. 8-28-18.)
 
21    (410 ILCS 130/36)
22    Sec. 36. Written certification.
23    (a) A certification confirming a patient's debilitating
24medical condition shall be written on a form provided by the
25Department of Public Health and shall include, at a minimum,

 

 

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1the following:
2        (1) the qualifying patient's name, date of birth, home
3    address, and primary telephone number;
4        (2) the physician's name, address, telephone number,
5    email address, medical license number, and active
6    controlled substances license under the Illinois
7    Controlled Substances Act and indication of specialty or
8    primary area of clinical practice, if any;
9        (3) the qualifying patient's debilitating medical
10    condition;
11        (4) a statement that the physician has confirmed a
12    diagnosis of a debilitating condition; is treating or
13    managing treatment of the patient's debilitating
14    condition; has a bona fide physician-patient relationship;
15    has conducted an in-person physical examination; and has
16    conducted a review of the patient's medical history,
17    including reviewing medical records from other treating
18    physicians, if any, from the previous 12 months;
19        (5) the physician's signature and date of
20    certification; and
21        (6) a statement that a participant in possession of a
22    written certification indicating a debilitating medical
23    condition shall not be considered an unlawful user or
24    addicted to narcotics solely as a result of his or her
25    pending application to or participation in the
26    Compassionate Use of Medical Cannabis Pilot Program.

 

 

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1    (b) A written certification does not constitute a
2prescription for medical cannabis.
3    (c) Applications for qualifying patients under 18 years old
4shall require a written certification from a physician and a
5reviewing physician.
6    (d) A certification confirming the patient's eligibility
7to participate in the Opioid Alternative Pilot Program shall be
8written on a form provided by the Department of Public Health
9and shall include, at a minimum, the following:
10        (1) the participant's name, date of birth, home
11    address, and primary telephone number;
12        (2) the physician's name, address, telephone number,
13    email address, medical license number, and active
14    controlled substances license under the Illinois
15    Controlled Substances Act and indication of specialty or
16    primary area of clinical practice, if any;
17        (3) the physician's signature and date;
18        (4) the length of participation in the program, which
19    shall be limited to no more than 90 days;
20        (5) a statement identifying the patient has been
21    diagnosed with and is currently undergoing treatment for a
22    medical condition where an opioid has been or could be
23    prescribed; and
24        (6) a statement that a participant in possession of a
25    written certification indicating eligibility to
26    participate in the Opioid Alternative Pilot Program shall

 

 

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1    not be considered an unlawful user or addicted to narcotics
2    solely as a result of his or her eligibility or
3    participation in the program.
4    (e) The Department of Public Health may provide a single
5certification form for subsections (a) and (d) of this Section,
6provided that all requirements of those subsections are
7included on the form.
8    (f) The Department of Public Health shall not include the
9word "cannabis" on any application forms or written
10certification forms that it issues under this Section.
11    (g) A written certification does not constitute a
12prescription.
13    (h) It is unlawful for any person to knowingly submit a
14fraudulent certification to be a qualifying patient in the
15Compassionate Use of Medical Cannabis Pilot Program or an
16Opioid Alternative Pilot Program participant. A violation of
17this subsection shall result in the person who has knowingly
18submitted the fraudulent certification being permanently
19banned from participating in the Compassionate Use of Medical
20Cannabis Pilot Program or the Opioid Alternative Pilot Program.
21(Source: P.A. 100-1114, eff. 8-28-18.)
 
22    (410 ILCS 130/55)
23    (Section scheduled to be repealed on July 1, 2020)
24    Sec. 55. Registration of qualifying patients and
25designated caregivers.

 

 

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1    (a) The Department of Public Health shall issue registry
2identification cards to qualifying patients and designated
3caregivers who submit a completed application, and at minimum,
4the following, in accordance with Department of Public Health
5rules:
6        (1) A written certification, on a form developed by the
7    Department of Public Health consistent with Section 36 and
8    issued by a physician, within 90 days immediately preceding
9    the date of an application;
10        (2) upon the execution of applicable privacy waivers,
11    the patient's medical documentation related to his or her
12    debilitating condition and any other information that may
13    be reasonably required by the Department of Public Health
14    to confirm that the physician and patient have a bona fide
15    physician-patient relationship, that the qualifying
16    patient is in the physician's care for his or her
17    debilitating medical condition, and to substantiate the
18    patient's diagnosis;
19        (3) the application or renewal fee as set by rule;
20        (4) the name, address, date of birth, and social
21    security number of the qualifying patient, except that if
22    the applicant is homeless no address is required;
23        (5) the name, address, and telephone number of the
24    qualifying patient's physician;
25        (6) the name, address, and date of birth of the
26    designated caregiver, if any, chosen by the qualifying

 

 

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1    patient;
2        (7) the name of the registered medical cannabis
3    dispensing organization the qualifying patient designates;
4        (8) signed statements from the patient and designated
5    caregiver asserting that they will not divert medical
6    cannabis; and
7        (9) (blank).
8    (b) Notwithstanding any other provision of this Act, a
9person provided a written certification for a debilitating
10medical condition who has submitted a completed online
11application to the Department of Public Health shall receive a
12provisional registration and be entitled to purchase medical
13cannabis from a specified licensed dispensing organization for
14a period of 90 days or until his or her application has been
15denied or he or she receives a registry identification card,
16whichever is earlier. However, a person may obtain an
17additional provisional registration after the expiration of 90
18days after the date of application if the Department of Public
19Health does not provide the individual with a registry
20identification card or deny the individual's application
21within those 90 days.
22    The provisional registration may not be extended if the
23individual does not respond to the Department of Public
24Health's request for additional information or corrections to
25required application documentation.
26    In order for a person to receive medical cannabis under

 

 

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1this subsection, a person must present his or her provisional
2registration along with a valid driver's license or State
3identification card to the licensed dispensing organization
4specified in his or her application. The dispensing
5organization shall verify the person's provisional
6registration through the Department of Public Health's online
7verification system.
8    Upon verification of the provided documents, the
9dispensing organization shall dispense no more than 2.5 ounces
10of medical cannabis during a 14-day period to the person for a
11period of 90 days, until his or her application has been
12denied, or until he or she receives a registry identification
13card from the Department of Public Health, whichever is
14earlier.
15    Persons with provisional registrations must keep their
16provisional registration in his or her possession at all times
17when transporting or engaging in the medical use of cannabis.
18    (c) No person or business shall charge a fee for assistance
19in the preparation, compilation, or submission of an
20application to the Compassionate Use of Medical Cannabis Pilot
21Program or the Opioid Alternative Pilot Program. A violation of
22this subsection is a Class C misdemeanor, for which restitution
23to the applicant and a fine of up to $1,500 may be imposed. All
24fines shall be deposited into the Compassionate Use of Medical
25Cannabis Fund after restitution has been made to the applicant.
26The Department of Public Health shall refer individuals making

 

 

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1complaints against a person or business under this Section to
2the Illinois State Police, who shall enforce violations of this
3provision. All application forms issued by the Department shall
4state that no person or business may charge a fee for
5assistance in the preparation, compilation, or submission of an
6application to the Compassionate Use of Medical Cannabis Pilot
7Program or the Opioid Alternative Pilot Program.
8(Source: P.A. 100-1114, eff. 8-28-18.)
 
9    (410 ILCS 130/57)
10    (Section scheduled to be repealed on July 1, 2020)
11    Sec. 57. Qualifying patients under 18. Qualifying patients
12that are under the age of 18 years shall not be prohibited from
13appointing up to 3 having 2 designated caregivers as follows:
14if both biological parents or 2 legal guardians of a qualifying
15patient under 18 both have significant decision-making
16responsibilities over the qualifying patient, then both may
17serve as a designated caregiver if they otherwise meet the
18definition of "designated caregiver" under Section 10;
19however, if only one biological parent or legal guardian has
20significant decision-making responsibilities for the
21qualifying patient under 18, then he or she may appoint a
22second designated caregivers caregiver who meet meets the
23definition of "designated caregiver" under Section 10.
24(Source: P.A. 99-519, eff. 6-30-16.)
 

 

 

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1    (410 ILCS 130/62)
2    Sec. 62. Opioid Alternative Pilot Program.
3    (a) The Department of Public Health shall establish the
4Opioid Alternative Pilot Program. Licensed dispensing
5organizations shall allow persons with a written certification
6from a licensed physician under Section 36 to purchase medical
7cannabis upon enrollment in the Opioid Alternative Pilot
8Program. The Department of Public Health shall adopt rules or
9establish procedures allowing qualified veterans to
10participate in the Opioid Alternative Pilot Program. For a
11person to receive medical cannabis under this Section, the
12person must present the written certification along with a
13valid driver's license or state identification card to the
14licensed dispensing organization specified in his or her
15application. The dispensing organization shall verify the
16person's status as an Opioid Alternative Pilot Program
17participant through the Department of Public Health's online
18verification system.
19    (b) The Opioid Alternative Pilot Program shall be limited
20to participation by Illinois residents age 21 and older.
21    (c) The Department of Financial and Professional
22Regulation shall specify that all licensed dispensing
23organizations participating in the Opioid Alternative Pilot
24Program use the Illinois Cannabis Tracking System. The
25Department of Public Health shall establish and maintain the
26Illinois Cannabis Tracking System. The Illinois Cannabis

 

 

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1Tracking System shall be used to collect information about all
2persons participating in the Opioid Alternative Pilot Program
3and shall be used to track the sale of medical cannabis for
4verification purposes.
5    Each dispensing organization shall retain a copy of the
6Opioid Alternative Pilot Program certification and other
7identifying information as required by the Department of
8Financial and Professional Regulation, the Department of
9Public Health, and the Illinois State Police in the Illinois
10Cannabis Tracking System.
11    The Illinois Cannabis Tracking System shall be accessible
12to the Department of Financial and Professional Regulation,
13Department of Public Health, Department of Agriculture, and the
14Illinois State Police.
15    The Department of Financial and Professional Regulation in
16collaboration with the Department of Public Health shall
17specify the data requirements for the Opioid Alternative Pilot
18Program by licensed dispensing organizations; including, but
19not limited to, the participant's full legal name, address, and
20date of birth, date on which the Opioid Alternative Pilot
21Program certification was issued, length of the participation
22in the Program, including the start and end date to purchase
23medical cannabis, name of the issuing physician, copy of the
24participant's current driver's license or State identification
25card, and phone number.
26    The Illinois Cannabis Tracking System shall provide

 

 

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1verification of a person's participation in the Opioid
2Alternative Pilot Program for law enforcement at any time and
3on any day.
4    (d) The certification for Opioid Alternative Pilot Program
5participant must be issued by a physician licensed to practice
6in Illinois under the Medical Practice Act of 1987 and in good
7standing who holds a controlled substances license under
8Article III of the Illinois Controlled Substances Act.
9    The certification for an Opioid Alternative Pilot Program
10participant shall be written within 90 days before the
11participant submits his or her certification to the dispensing
12organization.
13    The written certification uploaded to the Illinois
14Cannabis Tracking System shall be accessible to the Department
15of Public Health.
16    (e) Upon verification of the individual's valid
17certification and enrollment in the Illinois Cannabis Tracking
18System, the dispensing organization may dispense the medical
19cannabis, in amounts not exceeding 2.5 ounces of medical
20cannabis per 14-day period to the participant at the
21participant's specified dispensary for no more than 90 days.
22    An Opioid Alternative Pilot Program participant shall not
23be registered as a medical cannabis cardholder. The dispensing
24organization shall verify that the person is not an active
25registered qualifying patient prior to enrollment in the Opioid
26Alternative Pilot Program and each time medical cannabis is

 

 

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1dispensed.
2    Upon receipt of a written certification under the Opioid
3Alternative Pilot Program, the Department of Public Health
4shall electronically forward the patient's identification
5information to the Prescription Monitoring Program established
6under the Illinois Controlled Substances Act and certify that
7the individual is permitted to engage in the medical use of
8cannabis. For the purposes of patient care, the Prescription
9Monitoring Program shall make a notation on the person's
10prescription record stating that the person has a written
11certification under the Opioid Alternative Pilot Program and is
12a patient who is entitled to the lawful medical use of
13cannabis. If the person is no longer authorized to engage in
14the medical use of cannabis, the Department of Public Health
15shall notify the Prescription Monitoring Program and
16Department of Human Services to remove the notation from the
17person's record. The Department of Human Services and the
18Prescription Monitoring Program shall establish a system by
19which the information may be shared electronically. This
20confidential list may not be combined or linked in any manner
21with any other list or database except as provided in this
22Section.
23    (f) An Opioid Alternative Pilot Program participant shall
24not be considered a qualifying patient with a debilitating
25medical condition under this Act and shall be provided access
26to medical cannabis solely for the duration of the

 

 

10100HB0895ham001- 115 -LRB101 07600 CPF 56731 a

1participant's certification. Nothing in this Section shall be
2construed to limit or prohibit an Opioid Alternative Pilot
3Program participant who has a debilitating medical condition
4from applying to the Compassionate Use of Medical Cannabis
5Pilot Program.
6    (g) A person with a provisional registration under Section
755 shall not be considered an Opioid Alternative Pilot Program
8participant.
9    (h) The Department of Financial and Professional
10Regulation and the Department of Public Health shall submit
11emergency rulemaking to implement the changes made by this
12amendatory Act of the 100th General Assembly by December 1,
132018. The Department of Financial and Professional Regulation,
14the Department of Agriculture, the Department of Human
15Services, the Department of Public Health, and the Illinois
16State Police shall utilize emergency purchase authority for 12
17months after the effective date of this amendatory Act of the
18100th General Assembly for the purpose of implementing the
19changes made by this amendatory Act of the 100th General
20Assembly.
21    (i) Dispensing organizations are not authorized to
22dispense medical cannabis to Opioid Alternative Pilot Program
23participants until administrative rules are approved by the
24Joint Committee on Administrative Rules and go into effect.
25    (j) The provisions of this Section are inoperative on and
26after July 1, 2020.

 

 

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1(Source: P.A. 100-1114, eff. 8-28-18.)
 
2    (410 ILCS 130/75)
3    (Section scheduled to be repealed on July 1, 2020)
4    Sec. 75. Notifications to Department of Public Health and
5responses; civil penalty.
6    (a) The following notifications and Department of Public
7Health responses are required:
8        (1) A registered qualifying patient shall notify the
9    Department of Public Health of any change in his or her
10    name or address, or if the registered qualifying patient
11    ceases to have his or her debilitating medical condition,
12    within 10 days of the change.
13        (2) A registered designated caregiver shall notify the
14    Department of Public Health of any change in his or her
15    name or address, or if the designated caregiver becomes
16    aware the registered qualifying patient passed away,
17    within 10 days of the change.
18        (3) Before a registered qualifying patient changes his
19    or her designated caregiver, the qualifying patient must
20    notify the Department of Public Health.
21        (4) If a cardholder loses his or her registry
22    identification card, he or she shall notify the Department
23    within 10 days of becoming aware the card has been lost.
24    (b) When a cardholder notifies the Department of Public
25Health of items listed in subsection (a), but remains eligible

 

 

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1under this Act, the Department of Public Health shall issue the
2cardholder a new registry identification card with a new random
3alphanumeric identification number within 15 business days of
4receiving the updated information and a fee as specified in
5Department of Public Health rules. If the person notifying the
6Department of Public Health is a registered qualifying patient,
7the Department shall also issue his or her registered
8designated caregiver, if any, a new registry identification
9card within 15 business days of receiving the updated
10information.
11    (c) If a registered qualifying patient ceases to be a
12registered qualifying patient or changes his or her registered
13designated caregiver, the Department of Public Health shall
14promptly notify the designated caregiver. The registered
15designated caregiver's protections under this Act as to that
16qualifying patient shall expire 15 days after notification by
17the Department.
18    (d) A cardholder who fails to make a notification to the
19Department of Public Health that is required by this Section is
20subject to a civil infraction, punishable by a penalty of no
21more than $150.
22    (e) A registered qualifying patient shall notify the
23Department of Public Health of any change to his or her
24designated registered dispensing organization. The Department
25of Public Health shall provide for immediate changes of a
26registered qualifying patient's designated registered

 

 

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1dispensing organization. Registered dispensing organizations
2must comply with all requirements of this Act.
3    (f) If the registered qualifying patient's certifying
4physician notifies the Department in writing that either the
5registered qualifying patient has ceased to suffer from a
6debilitating medical condition, that the bona fide
7physician-patient relationship has terminated, or that
8continued use of medical cannabis would result in
9contraindication with the patient's other medication, the card
10shall become null and void. However, the registered qualifying
11patient shall have 15 days to destroy his or her remaining
12medical cannabis and related paraphernalia.
13(Source: P.A. 99-519, eff. 6-30-16; 100-1114, eff. 8-28-18.)
 
14    (410 ILCS 130/130)
15    (Section scheduled to be repealed on July 1, 2020)
16    Sec. 130. Requirements; prohibitions; penalties;
17dispensing organizations.
18    (a) The Department of Financial and Professional
19Regulation shall implement the provisions of this Section by
20rule.
21    (b) A dispensing organization shall maintain operating
22documents which shall include procedures for the oversight of
23the registered dispensing organization and procedures to
24ensure accurate recordkeeping.
25    (c) A dispensing organization shall implement appropriate

 

 

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1security measures, as provided by rule, to deter and prevent
2the theft of cannabis and unauthorized entrance into areas
3containing cannabis.
4    (d) A dispensing organization may not be located within
51,000 feet of the property line of a pre-existing public or
6private preschool or elementary or secondary school or day care
7center, day care home, group day care home, or part day child
8care facility. A registered dispensing organization may not be
9located in a house, apartment, condominium, or an area zoned
10for residential use.
11    (e) A dispensing organization is prohibited from acquiring
12cannabis from anyone other than a registered cultivation
13center. A dispensing organization is prohibited from obtaining
14cannabis from outside the State of Illinois.
15    (f) A registered dispensing organization is prohibited
16from dispensing cannabis for any purpose except to assist
17registered qualifying patients with the medical use of cannabis
18directly or through the qualifying patients' designated
19caregivers.
20    (g) The area in a dispensing organization where medical
21cannabis is stored can only be accessed by dispensing
22organization agents working for the dispensing organization,
23Department of Financial and Professional Regulation staff
24performing inspections, law enforcement or other emergency
25personnel, and contractors working on jobs unrelated to medical
26cannabis, such as installing or maintaining security devices or

 

 

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1performing electrical wiring.
2    (h) A dispensing organization may not dispense more than
32.5 ounces of cannabis to a registered qualifying patient,
4directly or via a designated caregiver, in any 14-day period
5unless the qualifying patient has a Department of Public
6Health-approved quantity waiver. Any Department of Public
7Health-approved quantity waiver process must be made available
8to qualified veterans.
9    (i) Except as provided in subsection (i-5), before medical
10cannabis may be dispensed to a designated caregiver or a
11registered qualifying patient, a dispensing organization agent
12must determine that the individual is a current cardholder in
13the verification system and must verify each of the following:
14        (1) that the registry identification card presented to
15    the registered dispensing organization is valid;
16        (2) that the person presenting the card is the person
17    identified on the registry identification card presented
18    to the dispensing organization agent;
19        (3) that the dispensing organization is the designated
20    dispensing organization for the registered qualifying
21    patient who is obtaining the cannabis directly or via his
22    or her designated caregiver; and
23        (4) that the registered qualifying patient has not
24    exceeded his or her adequate supply.
25    (i-5) A dispensing organization may dispense medical
26cannabis to an Opioid Alternative Pilot Program participant

 

 

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1under Section 62 and to a person presenting proof of
2provisional registration under Section 55. Before dispensing
3medical cannabis, the dispensing organization shall comply
4with the requirements of Section 62 or Section 55, whichever is
5applicable, and verify the following:
6        (1) that the written certification presented to the
7    registered dispensing organization is valid and an
8    original document;
9        (2) that the person presenting the written
10    certification is the person identified on the written
11    certification; and
12        (3) that the participant has not exceeded his or her
13    adequate supply.
14    (j) Dispensing organizations shall ensure compliance with
15this limitation by maintaining internal, confidential records
16that include records specifying how much medical cannabis is
17dispensed to the registered qualifying patient and whether it
18was dispensed directly to the registered qualifying patient or
19to the designated caregiver. Each entry must include the date
20and time the cannabis was dispensed. Additional recordkeeping
21requirements may be set by rule.
22    (k) The physician-patient privilege as set forth by Section
238-802 of the Code of Civil Procedure shall apply between a
24qualifying patient and a registered dispensing organization
25and its agents with respect to communications and records
26concerning qualifying patients' debilitating conditions.

 

 

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1    (l) A dispensing organization may not permit any person to
2consume cannabis on the property of a medical cannabis
3organization.
4    (m) A dispensing organization may not share office space
5with or refer patients to a physician.
6    (n) Notwithstanding any other criminal penalties related
7to the unlawful possession of cannabis, the Department of
8Financial and Professional Regulation may revoke, suspend,
9place on probation, reprimand, refuse to issue or renew, or
10take any other disciplinary or non-disciplinary action as the
11Department of Financial and Professional Regulation may deem
12proper with regard to the registration of any person issued
13under this Act to operate a dispensing organization or act as a
14dispensing organization agent, including imposing fines not to
15exceed $10,000 for each violation, for any violations of this
16Act and rules adopted in accordance with this Act. The
17procedures for disciplining a registered dispensing
18organization shall be determined by rule. All final
19administrative decisions of the Department of Financial and
20Professional Regulation are subject to judicial review under
21the Administrative Review Law and its rules. The term
22"administrative decision" is defined as in Section 3-101 of the
23Code of Civil Procedure.
24    (o) Dispensing organizations are subject to random
25inspection and cannabis testing by the Department of Financial
26and Professional Regulation and State Police as provided by

 

 

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1rule.
2    (p) The Department of Financial and Professional
3Regulation shall adopt rules permitting returns, and potential
4refunds, for damaged or inadequate products.
5(Source: P.A. 100-1114, eff. 8-28-18.)
 
6    (410 ILCS 130/195)
7    (Section scheduled to be repealed on July 1, 2020)
8    Sec. 195. Definitions. For the purposes of this Law:
9    "Cultivation center" has the meaning ascribed to that term
10in the Compassionate Use of Medical Cannabis Pilot Program Act.
11    "Department" means the Department of Revenue.
12    "Dispensing organization" has the meaning ascribed to that
13term in the Compassionate Use of Medical Cannabis Pilot Program
14Act.
15    "Person" means an individual, partnership, corporation, or
16public or private organization.
17    "Qualifying patient" means a qualifying patient registered
18under the Compassionate Use of Medical Cannabis Pilot Program
19Act.
20(Source: P.A. 98-122, eff. 1-1-14.)
 
21    (410 ILCS 130/200)
22    (Section scheduled to be repealed on July 1, 2020)
23    Sec. 200. Tax imposed.
24    (a) Beginning on the effective date of this Act, a tax is

 

 

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1imposed upon the privilege of cultivating medical cannabis at a
2rate of 7% of the sales price per ounce. The proceeds from this
3tax shall be deposited into the Compassionate Use of Medical
4Cannabis Fund created under the Compassionate Use of Medical
5Cannabis Pilot Program Act. This tax shall be paid by a
6cultivation center and is not the responsibility of a
7dispensing organization or a qualifying patient.
8    (b) The tax imposed under this Act shall be in addition to
9all other occupation or privilege taxes imposed by the State of
10Illinois or by any municipal corporation or political
11subdivision thereof.
12(Source: P.A. 98-122, eff. 1-1-14.)
 
13    (410 ILCS 130/135 rep.)
14    (410 ILCS 130/220 rep.)
15    Section 55. The Compassionate Use of Medical Cannabis Pilot
16Program Act is amended by repealing Sections 135 and 220.
 
17    Section 60. The Illinois Vehicle Code is amended by
18changing Sections 2-118.2, 6-206.1, 11-501, and 11-501.9 as
19follows:
 
20    (625 ILCS 5/2-118.2)
21    Sec. 2-118.2. Opportunity for hearing; medical
22cannabis-related suspension under Section 11-501.9.
23    (a) A suspension of driving privileges under Section

 

 

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111-501.9 of this Code shall not become effective until the
2person is notified in writing of the impending suspension and
3informed that he or she may request a hearing in the circuit
4court of venue under subsection (b) of this Section and the
5suspension shall become effective as provided in Section
611-501.9.
7    (b) Within 90 days after the notice of suspension served
8under Section 11-501.9, the person may make a written request
9for a judicial hearing in the circuit court of venue. The
10request to the circuit court shall state the grounds upon which
11the person seeks to have the suspension rescinded. Within 30
12days after receipt of the written request or the first
13appearance date on the Uniform Traffic Ticket issued for a
14violation of Section 11-501 of this Code, or a similar
15provision of a local ordinance, the hearing shall be conducted
16by the circuit court having jurisdiction. This judicial
17hearing, request, or process shall not stay or delay the
18suspension. The hearing shall proceed in the court in the same
19manner as in other civil proceedings.
20    The hearing may be conducted upon a review of the law
21enforcement officer's own official reports; provided however,
22that the person may subpoena the officer. Failure of the
23officer to answer the subpoena shall be considered grounds for
24a continuance if in the court's discretion the continuance is
25appropriate.
26    The scope of the hearing shall be limited to the issues of:

 

 

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1        (1) Whether the person was issued a registry
2    identification card under the Compassionate Use of Medical
3    Cannabis Pilot Program Act; and
4        (2) Whether the officer had reasonable suspicion to
5    believe that the person was driving or in actual physical
6    control of a motor vehicle upon a highway while impaired by
7    the use of cannabis; and
8        (3) Whether the person, after being advised by the
9    officer that the privilege to operate a motor vehicle would
10    be suspended if the person refused to submit to and
11    complete the field sobriety tests, did refuse to submit to
12    or complete the field sobriety tests authorized under
13    Section 11-501.9; and
14        (4) Whether the person after being advised by the
15    officer that the privilege to operate a motor vehicle would
16    be suspended if the person submitted to field sobriety
17    tests that disclosed the person was impaired by the use of
18    cannabis, did submit to field sobriety tests that disclosed
19    that the person was impaired by the use of cannabis.
20    Upon the conclusion of the judicial hearing, the circuit
21court shall sustain or rescind the suspension and immediately
22notify the Secretary of State. Reports received by the
23Secretary of State under this Section shall be privileged
24information and for use only by the courts, police officers,
25and Secretary of State.
26(Source: P.A. 98-1172, eff. 1-12-15.)
 

 

 

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1    (625 ILCS 5/6-206.1)  (from Ch. 95 1/2, par. 6-206.1)
2    Sec. 6-206.1. Monitoring Device Driving Permit.
3Declaration of Policy. It is hereby declared a policy of the
4State of Illinois that the driver who is impaired by alcohol,
5other drug or drugs, or intoxicating compound or compounds is a
6threat to the public safety and welfare. Therefore, to provide
7a deterrent to such practice, a statutory summary driver's
8license suspension is appropriate. It is also recognized that
9driving is a privilege and therefore, that the granting of
10driving privileges, in a manner consistent with public safety,
11is warranted during the period of suspension in the form of a
12monitoring device driving permit. A person who drives and fails
13to comply with the requirements of the monitoring device
14driving permit commits a violation of Section 6-303 of this
15Code.
16    The following procedures shall apply whenever a first
17offender, as defined in Section 11-500 of this Code, is
18arrested for any offense as defined in Section 11-501 or a
19similar provision of a local ordinance and is subject to the
20provisions of Section 11-501.1:
21    (a) Upon mailing of the notice of suspension of driving
22privileges as provided in subsection (h) of Section 11-501.1 of
23this Code, the Secretary shall also send written notice
24informing the person that he or she will be issued a monitoring
25device driving permit (MDDP). The notice shall include, at

 

 

10100HB0895ham001- 128 -LRB101 07600 CPF 56731 a

1minimum, information summarizing the procedure to be followed
2for issuance of the MDDP, installation of the breath alcohol
3ignition installation device (BAIID), as provided in this
4Section, exemption from BAIID installation requirements, and
5procedures to be followed by those seeking indigent status, as
6provided in this Section. The notice shall also include
7information summarizing the procedure to be followed if the
8person wishes to decline issuance of the MDDP. A copy of the
9notice shall also be sent to the court of venue together with
10the notice of suspension of driving privileges, as provided in
11subsection (h) of Section 11-501. However, a MDDP shall not be
12issued if the Secretary finds that:
13        (1) the offender's driver's license is otherwise
14    invalid;
15        (2) death or great bodily harm to another resulted from
16    the arrest for Section 11-501;
17        (3) the offender has been previously convicted of
18    reckless homicide or aggravated driving under the
19    influence involving death;
20        (4) the offender is less than 18 years of age; or
21        (5) the offender is a qualifying patient licensed under
22    the Compassionate Use of Medical Cannabis Pilot Program Act
23    who is in possession of a valid registry card issued under
24    that Act and refused to submit to standardized field
25    sobriety tests as required by subsection (a) of Section
26    11-501.9 or did submit to testing which disclosed the

 

 

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1    person was impaired by the use of cannabis.
2    Any offender participating in the MDDP program must pay the
3Secretary a MDDP Administration Fee in an amount not to exceed
4$30 per month, to be deposited into the Monitoring Device
5Driving Permit Administration Fee Fund. The Secretary shall
6establish by rule the amount and the procedures, terms, and
7conditions relating to these fees. The offender must have an
8ignition interlock device installed within 14 days of the date
9the Secretary issues the MDDP. The ignition interlock device
10provider must notify the Secretary, in a manner and form
11prescribed by the Secretary, of the installation. If the
12Secretary does not receive notice of installation, the
13Secretary shall cancel the MDDP.
14    Upon receipt of the notice, as provided in paragraph (a) of
15this Section, the person may file a petition to decline
16issuance of the MDDP with the court of venue. The court shall
17admonish the offender of all consequences of declining issuance
18of the MDDP including, but not limited to, the enhanced
19penalties for driving while suspended. After being so
20admonished, the offender shall be permitted, in writing, to
21execute a notice declining issuance of the MDDP. This notice
22shall be filed with the court and forwarded by the clerk of the
23court to the Secretary. The offender may, at any time
24thereafter, apply to the Secretary for issuance of a MDDP.
25    (a-1) A person issued a MDDP may drive for any purpose and
26at any time, subject to the rules adopted by the Secretary

 

 

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1under subsection (g). The person must, at his or her own
2expense, drive only vehicles equipped with an ignition
3interlock device as defined in Section 1-129.1, but in no event
4shall such person drive a commercial motor vehicle.
5    (a-2) Persons who are issued a MDDP and must drive
6employer-owned vehicles in the course of their employment
7duties may seek permission to drive an employer-owned vehicle
8that does not have an ignition interlock device. The employer
9shall provide to the Secretary a form, as prescribed by the
10Secretary, completed by the employer verifying that the
11employee must drive an employer-owned vehicle in the course of
12employment. If approved by the Secretary, the form must be in
13the driver's possession while operating an employer-owner
14vehicle not equipped with an ignition interlock device. No
15person may use this exemption to drive a school bus, school
16vehicle, or a vehicle designed to transport more than 15
17passengers. No person may use this exemption to drive an
18employer-owned motor vehicle that is owned by an entity that is
19wholly or partially owned by the person holding the MDDP, or by
20a family member of the person holding the MDDP. No person may
21use this exemption to drive an employer-owned vehicle that is
22made available to the employee for personal use. No person may
23drive the exempted vehicle more than 12 hours per day, 6 days
24per week.
25    (a-3) Persons who are issued a MDDP and who must drive a
26farm tractor to and from a farm, within 50 air miles from the

 

 

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1originating farm are exempt from installation of a BAIID on the
2farm tractor, so long as the farm tractor is being used for the
3exclusive purpose of conducting farm operations.
4    (b) (Blank).
5    (c) (Blank).
6    (c-1) If the holder of the MDDP is convicted of or receives
7court supervision for a violation of Section 6-206.2, 6-303,
811-204, 11-204.1, 11-401, 11-501, 11-503, 11-506 or a similar
9provision of a local ordinance or a similar out-of-state
10offense or is convicted of or receives court supervision for
11any offense for which alcohol or drugs is an element of the
12offense and in which a motor vehicle was involved (for an
13arrest other than the one for which the MDDP is issued), or
14de-installs the BAIID without prior authorization from the
15Secretary, the MDDP shall be cancelled.
16    (c-5) If the Secretary determines that the person seeking
17the MDDP is indigent, the Secretary shall provide the person
18with a written document as evidence of that determination, and
19the person shall provide that written document to an ignition
20interlock device provider. The provider shall install an
21ignition interlock device on that person's vehicle without
22charge to the person, and seek reimbursement from the Indigent
23BAIID Fund. If the Secretary has deemed an offender indigent,
24the BAIID provider shall also provide the normal monthly
25monitoring services and the de-installation without charge to
26the offender and seek reimbursement from the Indigent BAIID

 

 

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1Fund. Any other monetary charges, such as a lockout fee or
2reset fee, shall be the responsibility of the MDDP holder. A
3BAIID provider may not seek a security deposit from the
4Indigent BAIID Fund.
5    (d) MDDP information shall be available only to the courts,
6police officers, and the Secretary, except during the actual
7period the MDDP is valid, during which time it shall be a
8public record.
9    (e) (Blank).
10    (f) (Blank).
11    (g) The Secretary shall adopt rules for implementing this
12Section. The rules adopted shall address issues including, but
13not limited to: compliance with the requirements of the MDDP;
14methods for determining compliance with those requirements;
15the consequences of noncompliance with those requirements;
16what constitutes a violation of the MDDP; methods for
17determining indigency; and the duties of a person or entity
18that supplies the ignition interlock device.
19    (h) The rules adopted under subsection (g) shall provide,
20at a minimum, that the person is not in compliance with the
21requirements of the MDDP if he or she:
22        (1) tampers or attempts to tamper with or circumvent
23    the proper operation of the ignition interlock device;
24        (2) provides valid breath samples that register blood
25    alcohol levels in excess of the number of times allowed
26    under the rules;

 

 

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1        (3) fails to provide evidence sufficient to satisfy the
2    Secretary that the ignition interlock device has been
3    installed in the designated vehicle or vehicles; or
4        (4) fails to follow any other applicable rules adopted
5    by the Secretary.
6    (i) Any person or entity that supplies an ignition
7interlock device as provided under this Section shall, in
8addition to supplying only those devices which fully comply
9with all the rules adopted under subsection (g), provide the
10Secretary, within 7 days of inspection, all monitoring reports
11of each person who has had an ignition interlock device
12installed. These reports shall be furnished in a manner or form
13as prescribed by the Secretary.
14    (j) Upon making a determination that a violation of the
15requirements of the MDDP has occurred, the Secretary shall
16extend the summary suspension period for an additional 3 months
17beyond the originally imposed summary suspension period,
18during which time the person shall only be allowed to drive
19vehicles equipped with an ignition interlock device; provided
20further there are no limitations on the total number of times
21the summary suspension may be extended. The Secretary may,
22however, limit the number of extensions imposed for violations
23occurring during any one monitoring period, as set forth by
24rule. Any person whose summary suspension is extended pursuant
25to this Section shall have the right to contest the extension
26through a hearing with the Secretary, pursuant to Section 2-118

 

 

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1of this Code. If the summary suspension has already terminated
2prior to the Secretary receiving the monitoring report that
3shows a violation, the Secretary shall be authorized to suspend
4the person's driving privileges for 3 months, provided that the
5Secretary may, by rule, limit the number of suspensions to be
6entered pursuant to this paragraph for violations occurring
7during any one monitoring period. Any person whose license is
8suspended pursuant to this paragraph, after the summary
9suspension had already terminated, shall have the right to
10contest the suspension through a hearing with the Secretary,
11pursuant to Section 2-118 of this Code. The only permit the
12person shall be eligible for during this new suspension period
13is a MDDP.
14    (k) A person who has had his or her summary suspension
15extended for the third time, or has any combination of 3
16extensions and new suspensions, entered as a result of a
17violation that occurred while holding the MDDP, so long as the
18extensions and new suspensions relate to the same summary
19suspension, shall have his or her vehicle impounded for a
20period of 30 days, at the person's own expense. A person who
21has his or her summary suspension extended for the fourth time,
22or has any combination of 4 extensions and new suspensions,
23entered as a result of a violation that occurred while holding
24the MDDP, so long as the extensions and new suspensions relate
25to the same summary suspension, shall have his or her vehicle
26subject to seizure and forfeiture. The Secretary shall notify

 

 

10100HB0895ham001- 135 -LRB101 07600 CPF 56731 a

1the prosecuting authority of any third or fourth extensions or
2new suspension entered as a result of a violation that occurred
3while the person held a MDDP. Upon receipt of the notification,
4the prosecuting authority shall impound or forfeit the vehicle.
5The impoundment or forfeiture of a vehicle shall be conducted
6pursuant to the procedure specified in Article 36 of the
7Criminal Code of 2012.
8    (l) A person whose driving privileges have been suspended
9under Section 11-501.1 of this Code and who had a MDDP that was
10cancelled, or would have been cancelled had notification of a
11violation been received prior to expiration of the MDDP,
12pursuant to subsection (c-1) of this Section, shall not be
13eligible for reinstatement when the summary suspension is
14scheduled to terminate. Instead, the person's driving
15privileges shall be suspended for a period of not less than
16twice the original summary suspension period, or for the length
17of any extensions entered under subsection (j), whichever is
18longer. During the period of suspension, the person shall be
19eligible only to apply for a restricted driving permit. If a
20restricted driving permit is granted, the offender may only
21operate vehicles equipped with a BAIID in accordance with this
22Section.
23    (m) Any person or entity that supplies an ignition
24interlock device under this Section shall, for each ignition
25interlock device installed, pay 5% of the total gross revenue
26received for the device, including monthly monitoring fees,

 

 

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1into the Indigent BAIID Fund. This 5% shall be clearly
2indicated as a separate surcharge on each invoice that is
3issued. The Secretary shall conduct an annual review of the
4fund to determine whether the surcharge is sufficient to
5provide for indigent users. The Secretary may increase or
6decrease this surcharge requirement as needed.
7    (n) Any person or entity that supplies an ignition
8interlock device under this Section that is requested to
9provide an ignition interlock device to a person who presents
10written documentation of indigency from the Secretary, as
11provided in subsection (c-5) of this Section, shall install the
12device on the person's vehicle without charge to the person and
13shall seek reimbursement from the Indigent BAIID Fund.
14    (o) The Indigent BAIID Fund is created as a special fund in
15the State treasury. The Secretary shall, subject to
16appropriation by the General Assembly, use all money in the
17Indigent BAIID Fund to reimburse ignition interlock device
18providers who have installed devices in vehicles of indigent
19persons. The Secretary shall make payments to such providers
20every 3 months. If the amount of money in the fund at the time
21payments are made is not sufficient to pay all requests for
22reimbursement submitted during that 3 month period, the
23Secretary shall make payments on a pro-rata basis, and those
24payments shall be considered payment in full for the requests
25submitted.
26    (p) The Monitoring Device Driving Permit Administration

 

 

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1Fee Fund is created as a special fund in the State treasury.
2The Secretary shall, subject to appropriation by the General
3Assembly, use the money paid into this fund to offset its
4administrative costs for administering MDDPs.
5    (q) The Secretary is authorized to prescribe such forms as
6it deems necessary to carry out the provisions of this Section.
7(Source: P.A. 98-122, eff. 1-1-14; 98-1015, eff. 8-22-14;
898-1172, eff. 1-12-15; 99-467, eff. 1-1-16.)
 
9    (625 ILCS 5/11-501)  (from Ch. 95 1/2, par. 11-501)
10    Sec. 11-501. Driving while under the influence of alcohol,
11other drug or drugs, intoxicating compound or compounds or any
12combination thereof.
13    (a) A person shall not drive or be in actual physical
14control of any vehicle within this State while:
15        (1) the alcohol concentration in the person's blood,
16    other bodily substance, or breath is 0.08 or more based on
17    the definition of blood and breath units in Section
18    11-501.2;
19        (2) under the influence of alcohol;
20        (3) under the influence of any intoxicating compound or
21    combination of intoxicating compounds to a degree that
22    renders the person incapable of driving safely;
23        (4) under the influence of any other drug or
24    combination of drugs to a degree that renders the person
25    incapable of safely driving;

 

 

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1        (5) under the combined influence of alcohol, other drug
2    or drugs, or intoxicating compound or compounds to a degree
3    that renders the person incapable of safely driving;
4        (6) there is any amount of a drug, substance, or
5    compound in the person's breath, blood, other bodily
6    substance, or urine resulting from the unlawful use or
7    consumption of a controlled substance listed in the
8    Illinois Controlled Substances Act, an intoxicating
9    compound listed in the Use of Intoxicating Compounds Act,
10    or methamphetamine as listed in the Methamphetamine
11    Control and Community Protection Act; or
12        (7) the person has, within 2 hours of driving or being
13    in actual physical control of a vehicle, a
14    tetrahydrocannabinol concentration in the person's whole
15    blood or other bodily substance as defined in paragraph 6
16    of subsection (a) of Section 11-501.2 of this Code. Subject
17    to all other requirements and provisions under this
18    Section, this paragraph (7) does not apply to the lawful
19    consumption of cannabis by a qualifying patient licensed
20    under the Compassionate Use of Medical Cannabis Pilot
21    Program Act who is in possession of a valid registry card
22    issued under that Act, unless that person is impaired by
23    the use of cannabis.
24    (b) The fact that any person charged with violating this
25Section is or has been legally entitled to use alcohol,
26cannabis under the Compassionate Use of Medical Cannabis Pilot

 

 

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1Program Act, other drug or drugs, or intoxicating compound or
2compounds, or any combination thereof, shall not constitute a
3defense against any charge of violating this Section.
4    (c) Penalties.
5        (1) Except as otherwise provided in this Section, any
6    person convicted of violating subsection (a) of this
7    Section is guilty of a Class A misdemeanor.
8        (2) A person who violates subsection (a) or a similar
9    provision a second time shall be sentenced to a mandatory
10    minimum term of either 5 days of imprisonment or 240 hours
11    of community service in addition to any other criminal or
12    administrative sanction.
13        (3) A person who violates subsection (a) is subject to
14    6 months of imprisonment, an additional mandatory minimum
15    fine of $1,000, and 25 days of community service in a
16    program benefiting children if the person was transporting
17    a person under the age of 16 at the time of the violation.
18        (4) A person who violates subsection (a) a first time,
19    if the alcohol concentration in his or her blood, breath,
20    other bodily substance, or urine was 0.16 or more based on
21    the definition of blood, breath, other bodily substance, or
22    urine units in Section 11-501.2, shall be subject, in
23    addition to any other penalty that may be imposed, to a
24    mandatory minimum of 100 hours of community service and a
25    mandatory minimum fine of $500.
26        (5) A person who violates subsection (a) a second time,

 

 

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1    if at the time of the second violation the alcohol
2    concentration in his or her blood, breath, other bodily
3    substance, or urine was 0.16 or more based on the
4    definition of blood, breath, other bodily substance, or
5    urine units in Section 11-501.2, shall be subject, in
6    addition to any other penalty that may be imposed, to a
7    mandatory minimum of 2 days of imprisonment and a mandatory
8    minimum fine of $1,250.
9    (d) Aggravated driving under the influence of alcohol,
10other drug or drugs, or intoxicating compound or compounds, or
11any combination thereof.
12        (1) Every person convicted of committing a violation of
13    this Section shall be guilty of aggravated driving under
14    the influence of alcohol, other drug or drugs, or
15    intoxicating compound or compounds, or any combination
16    thereof if:
17            (A) the person committed a violation of subsection
18        (a) or a similar provision for the third or subsequent
19        time;
20            (B) the person committed a violation of subsection
21        (a) while driving a school bus with one or more
22        passengers on board;
23            (C) the person in committing a violation of
24        subsection (a) was involved in a motor vehicle accident
25        that resulted in great bodily harm or permanent
26        disability or disfigurement to another, when the

 

 

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1        violation was a proximate cause of the injuries;
2            (D) the person committed a violation of subsection
3        (a) and has been previously convicted of violating
4        Section 9-3 of the Criminal Code of 1961 or the
5        Criminal Code of 2012 or a similar provision of a law
6        of another state relating to reckless homicide in which
7        the person was determined to have been under the
8        influence of alcohol, other drug or drugs, or
9        intoxicating compound or compounds as an element of the
10        offense or the person has previously been convicted
11        under subparagraph (C) or subparagraph (F) of this
12        paragraph (1);
13            (E) the person, in committing a violation of
14        subsection (a) while driving at any speed in a school
15        speed zone at a time when a speed limit of 20 miles per
16        hour was in effect under subsection (a) of Section
17        11-605 of this Code, was involved in a motor vehicle
18        accident that resulted in bodily harm, other than great
19        bodily harm or permanent disability or disfigurement,
20        to another person, when the violation of subsection (a)
21        was a proximate cause of the bodily harm;
22            (F) the person, in committing a violation of
23        subsection (a), was involved in a motor vehicle,
24        snowmobile, all-terrain vehicle, or watercraft
25        accident that resulted in the death of another person,
26        when the violation of subsection (a) was a proximate

 

 

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1        cause of the death;
2            (G) the person committed a violation of subsection
3        (a) during a period in which the defendant's driving
4        privileges are revoked or suspended, where the
5        revocation or suspension was for a violation of
6        subsection (a) or a similar provision, Section
7        11-501.1, paragraph (b) of Section 11-401, or for
8        reckless homicide as defined in Section 9-3 of the
9        Criminal Code of 1961 or the Criminal Code of 2012;
10            (H) the person committed the violation while he or
11        she did not possess a driver's license or permit or a
12        restricted driving permit or a judicial driving permit
13        or a monitoring device driving permit;
14            (I) the person committed the violation while he or
15        she knew or should have known that the vehicle he or
16        she was driving was not covered by a liability
17        insurance policy;
18            (J) the person in committing a violation of
19        subsection (a) was involved in a motor vehicle accident
20        that resulted in bodily harm, but not great bodily
21        harm, to the child under the age of 16 being
22        transported by the person, if the violation was the
23        proximate cause of the injury;
24            (K) the person in committing a second violation of
25        subsection (a) or a similar provision was transporting
26        a person under the age of 16; or

 

 

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1            (L) the person committed a violation of subsection
2        (a) of this Section while transporting one or more
3        passengers in a vehicle for-hire.
4        (2)(A) Except as provided otherwise, a person
5    convicted of aggravated driving under the influence of
6    alcohol, other drug or drugs, or intoxicating compound or
7    compounds, or any combination thereof is guilty of a Class
8    4 felony.
9        (B) A third violation of this Section or a similar
10    provision is a Class 2 felony. If at the time of the third
11    violation the alcohol concentration in his or her blood,
12    breath, other bodily substance, or urine was 0.16 or more
13    based on the definition of blood, breath, other bodily
14    substance, or urine units in Section 11-501.2, a mandatory
15    minimum of 90 days of imprisonment and a mandatory minimum
16    fine of $2,500 shall be imposed in addition to any other
17    criminal or administrative sanction. If at the time of the
18    third violation, the defendant was transporting a person
19    under the age of 16, a mandatory fine of $25,000 and 25
20    days of community service in a program benefiting children
21    shall be imposed in addition to any other criminal or
22    administrative sanction.
23        (C) A fourth violation of this Section or a similar
24    provision is a Class 2 felony, for which a sentence of
25    probation or conditional discharge may not be imposed. If
26    at the time of the violation, the alcohol concentration in

 

 

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1    the defendant's blood, breath, other bodily substance, or
2    urine was 0.16 or more based on the definition of blood,
3    breath, other bodily substance, or urine units in Section
4    11-501.2, a mandatory minimum fine of $5,000 shall be
5    imposed in addition to any other criminal or administrative
6    sanction. If at the time of the fourth violation, the
7    defendant was transporting a person under the age of 16 a
8    mandatory fine of $25,000 and 25 days of community service
9    in a program benefiting children shall be imposed in
10    addition to any other criminal or administrative sanction.
11        (D) A fifth violation of this Section or a similar
12    provision is a Class 1 felony, for which a sentence of
13    probation or conditional discharge may not be imposed. If
14    at the time of the violation, the alcohol concentration in
15    the defendant's blood, breath, other bodily substance, or
16    urine was 0.16 or more based on the definition of blood,
17    breath, other bodily substance, or urine units in Section
18    11-501.2, a mandatory minimum fine of $5,000 shall be
19    imposed in addition to any other criminal or administrative
20    sanction. If at the time of the fifth violation, the
21    defendant was transporting a person under the age of 16, a
22    mandatory fine of $25,000, and 25 days of community service
23    in a program benefiting children shall be imposed in
24    addition to any other criminal or administrative sanction.
25        (E) A sixth or subsequent violation of this Section or
26    similar provision is a Class X felony. If at the time of

 

 

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1    the violation, the alcohol concentration in the
2    defendant's blood, breath, other bodily substance, or
3    urine was 0.16 or more based on the definition of blood,
4    breath, other bodily substance, or urine units in Section
5    11-501.2, a mandatory minimum fine of $5,000 shall be
6    imposed in addition to any other criminal or administrative
7    sanction. If at the time of the violation, the defendant
8    was transporting a person under the age of 16, a mandatory
9    fine of $25,000 and 25 days of community service in a
10    program benefiting children shall be imposed in addition to
11    any other criminal or administrative sanction.
12        (F) For a violation of subparagraph (C) of paragraph
13    (1) of this subsection (d), the defendant, if sentenced to
14    a term of imprisonment, shall be sentenced to not less than
15    one year nor more than 12 years.
16        (G) A violation of subparagraph (F) of paragraph (1) of
17    this subsection (d) is a Class 2 felony, for which the
18    defendant, unless the court determines that extraordinary
19    circumstances exist and require probation, shall be
20    sentenced to: (i) a term of imprisonment of not less than 3
21    years and not more than 14 years if the violation resulted
22    in the death of one person; or (ii) a term of imprisonment
23    of not less than 6 years and not more than 28 years if the
24    violation resulted in the deaths of 2 or more persons.
25        (H) For a violation of subparagraph (J) of paragraph
26    (1) of this subsection (d), a mandatory fine of $2,500, and

 

 

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1    25 days of community service in a program benefiting
2    children shall be imposed in addition to any other criminal
3    or administrative sanction.
4        (I) A violation of subparagraph (K) of paragraph (1) of
5    this subsection (d), is a Class 2 felony and a mandatory
6    fine of $2,500, and 25 days of community service in a
7    program benefiting children shall be imposed in addition to
8    any other criminal or administrative sanction. If the child
9    being transported suffered bodily harm, but not great
10    bodily harm, in a motor vehicle accident, and the violation
11    was the proximate cause of that injury, a mandatory fine of
12    $5,000 and 25 days of community service in a program
13    benefiting children shall be imposed in addition to any
14    other criminal or administrative sanction.
15        (J) A violation of subparagraph (D) of paragraph (1) of
16    this subsection (d) is a Class 3 felony, for which a
17    sentence of probation or conditional discharge may not be
18    imposed.
19        (3) Any person sentenced under this subsection (d) who
20    receives a term of probation or conditional discharge must
21    serve a minimum term of either 480 hours of community
22    service or 10 days of imprisonment as a condition of the
23    probation or conditional discharge in addition to any other
24    criminal or administrative sanction.
25    (e) Any reference to a prior violation of subsection (a) or
26a similar provision includes any violation of a provision of a

 

 

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1local ordinance or a provision of a law of another state or an
2offense committed on a military installation that is similar to
3a violation of subsection (a) of this Section.
4    (f) The imposition of a mandatory term of imprisonment or
5assignment of community service for a violation of this Section
6shall not be suspended or reduced by the court.
7    (g) Any penalty imposed for driving with a license that has
8been revoked for a previous violation of subsection (a) of this
9Section shall be in addition to the penalty imposed for any
10subsequent violation of subsection (a).
11    (h) For any prosecution under this Section, a certified
12copy of the driving abstract of the defendant shall be admitted
13as proof of any prior conviction.
14(Source: P.A. 98-122, eff. 1-1-14; 98-573, eff. 8-27-13;
1598-756, eff. 7-16-14; 99-697, eff. 7-29-16.)
 
16    (625 ILCS 5/11-501.9)
17    Sec. 11-501.9. Suspension of driver's license; medical
18cannabis card holder; failure or refusal of field sobriety
19tests; implied consent.
20    (a) A person who has been issued a registry identification
21card under the Compassionate Use of Medical Cannabis Pilot
22Program Act who drives or is in actual physical control of a
23motor vehicle upon the public highways of this State shall be
24deemed to have given consent to standardized field sobriety
25tests approved by the National Highway Traffic Safety

 

 

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1Administration, under subsection (a-5) of Section 11-501.2 of
2this Code, if detained by a law enforcement officer who has a
3reasonable suspicion that the person is driving or is in actual
4physical control of a motor vehicle while impaired by the use
5of cannabis. The law enforcement officer must have an
6independent, cannabis-related factual basis giving reasonable
7suspicion that the person is driving or in actual physical
8control of a motor vehicle while impaired by the use of
9cannabis for conducting standardized field sobriety tests,
10which shall be included with the results of the field sobriety
11tests in any report made by the law enforcement officer who
12requests the test. The person's possession of a registry
13identification card issued under the Compassionate Use of
14Medical Cannabis Pilot Program Act alone is not a sufficient
15basis for reasonable suspicion.
16    For purposes of this Section, a law enforcement officer of
17this State who is investigating a person for an offense under
18Section 11-501 of this Code may travel into an adjoining state
19where the person has been transported for medical care to
20complete an investigation and to request that the person submit
21to field sobriety tests under this Section.
22    (b) A person who is unconscious, or otherwise in a
23condition rendering the person incapable of refusal, shall be
24deemed to have withdrawn the consent provided by subsection (a)
25of this Section.
26    (c) A person requested to submit to field sobriety tests,

 

 

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1as provided in this Section, shall be warned by the law
2enforcement officer requesting the field sobriety tests that a
3refusal to submit to the field sobriety tests will result in
4the suspension of the person's privilege to operate a motor
5vehicle, as provided in subsection (f) of this Section. The
6person shall also be warned by the law enforcement officer that
7if the person submits to field sobriety tests as provided in
8this Section which disclose the person is impaired by the use
9of cannabis, a suspension of the person's privilege to operate
10a motor vehicle, as provided in subsection (f) of this Section,
11will be imposed.
12    (d) The results of field sobriety tests administered under
13this Section shall be admissible in a civil or criminal action
14or proceeding arising from an arrest for an offense as defined
15in Section 11-501 of this Code or a similar provision of a
16local ordinance. These test results shall be admissible only in
17actions or proceedings directly related to the incident upon
18which the test request was made.
19    (e) If the person refuses field sobriety tests or submits
20to field sobriety tests that disclose the person is impaired by
21the use of cannabis, the law enforcement officer shall
22immediately submit a sworn report to the circuit court of venue
23and the Secretary of State certifying that testing was
24requested under this Section and that the person refused to
25submit to field sobriety tests or submitted to field sobriety
26tests that disclosed the person was impaired by the use of

 

 

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1cannabis. The sworn report must include the law enforcement
2officer's factual basis for reasonable suspicion that the
3person was impaired by the use of cannabis.
4    (f) Upon receipt of the sworn report of a law enforcement
5officer submitted under subsection (e) of this Section, the
6Secretary of State shall enter the suspension to the driving
7record as follows:
8        (1) for refusal or failure to complete field sobriety
9    tests, a 12 month suspension shall be entered; or
10        (2) for submitting to field sobriety tests that
11    disclosed the driver was impaired by the use of cannabis, a
12    6 month suspension shall be entered.
13    The Secretary of State shall confirm the suspension by
14mailing a notice of the effective date of the suspension to the
15person and the court of venue. However, should the sworn report
16be defective for insufficient information or be completed in
17error, the confirmation of the suspension shall not be mailed
18to the person or entered to the record; instead, the sworn
19report shall be forwarded to the court of venue with a copy
20returned to the issuing agency identifying the defect.
21    (g) The law enforcement officer submitting the sworn report
22under subsection (e) of this Section shall serve immediate
23notice of the suspension on the person and the suspension shall
24be effective as provided in subsection (h) of this Section. If
25immediate notice of the suspension cannot be given, the
26arresting officer or arresting agency shall give notice by

 

 

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1deposit in the United States mail of the notice in an envelope
2with postage prepaid and addressed to the person at his or her
3address as shown on the Uniform Traffic Ticket and the
4suspension shall begin as provided in subsection (h) of this
5Section. The officer shall confiscate any Illinois driver's
6license or permit on the person at the time of arrest. If the
7person has a valid driver's license or permit, the officer
8shall issue the person a receipt, in a form prescribed by the
9Secretary of State, that will allow the person to drive during
10the period provided for in subsection (h) of this Section. The
11officer shall immediately forward the driver's license or
12permit to the circuit court of venue along with the sworn
13report under subsection (e) of this Section.
14    (h) The suspension under subsection (f) of this Section
15shall take effect on the 46th day following the date the notice
16of the suspension was given to the person.
17    (i) When a driving privilege has been suspended under this
18Section and the person is subsequently convicted of violating
19Section 11-501 of this Code, or a similar provision of a local
20ordinance, for the same incident, any period served on
21suspension under this Section shall be credited toward the
22minimum period of revocation of driving privileges imposed
23under Section 6-205 of this Code.
24(Source: P.A. 98-1172, eff. 1-12-15.)
 
25    Section 65. The Cannabis Control Act is amended by changing

 

 

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1Section 5.3 as follows:
 
2    (720 ILCS 550/5.3)
3    Sec. 5.3. Unlawful use of cannabis-based product
4manufacturing equipment.
5    (a) A person commits unlawful use of cannabis-based product
6manufacturing equipment when he or she knowingly engages in the
7possession, procurement, transportation, storage, or delivery
8of any equipment used in the manufacturing of any
9cannabis-based product using volatile or explosive gas,
10including, but not limited to, canisters of butane gas, with
11the intent to manufacture, compound, covert, produce, derive,
12process, or prepare either directly or indirectly any
13cannabis-based product.
14    (b) This Section does not apply to a cultivation center or
15cultivation center agent that prepares medical cannabis or
16cannabis-infused products in compliance with the Compassionate
17Use of Medical Cannabis Pilot Program Act and Department of
18Public Health and Department of Agriculture rules.
19    (c) Sentence. A person who violates this Section is guilty
20of a Class 2 felony.
21(Source: P.A. 99-697, eff. 7-29-16.)".