Rep. Bob Morgan

Filed: 4/3/2019

 

 


 

 


 
10100HB0895ham002LRB101 07600 CPF 59142 a

1
AMENDMENT TO HOUSE BILL 895

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

 

 

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1Section. It is unlawful for any officer or agent of a medical
2cannabis cultivation center or dispensary organization to
3consent to any contribution or expenditure by the medical
4cannabis organization that is prohibited by this Section. As
5used in this Section, "medical cannabis cultivation center" and
6"dispensary organization" have the meaning ascribed to those
7terms in Section 10 of the Compassionate Use of Medical
8Cannabis Pilot Program Act.
9(Source: P.A. 98-122, eff. 1-1-14.)
 
10    Section 10. The Illinois Procurement Code is amended by
11changing Section 1-10 as follows:
 
12    (30 ILCS 500/1-10)
13    Sec. 1-10. Application.
14    (a) This Code applies only to procurements for which
15bidders, offerors, potential contractors, or contractors were
16first solicited on or after July 1, 1998. This Code shall not
17be construed to affect or impair any contract, or any provision
18of a contract, entered into based on a solicitation prior to
19the implementation date of this Code as described in Article
2099, including but not limited to any covenant entered into with
21respect to any revenue bonds or similar instruments. All
22procurements for which contracts are solicited between the
23effective date of Articles 50 and 99 and July 1, 1998 shall be
24substantially in accordance with this Code and its intent.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1assist the Capital Development Board with its duties related to
2the determination of costs of a clean coal SNG brownfield
3facility, as defined by Section 1-10 of the Illinois Power
4Agency Act, as required in subsection (h-3) of Section 9-220 of
5the Public Utilities Act, including calculating the range of
6capital costs, the range of operating and maintenance costs, or
7the sequestration costs or monitoring the construction of clean
8coal SNG brownfield facility for the full duration of
9construction.
10    (f) (Blank).
11    (g) (Blank).
12    (h) This Code does not apply to the process to procure or
13contracts entered into in accordance with Sections 11-5.2 and
1411-5.3 of the Illinois Public Aid Code.
15    (i) Each chief procurement officer may access records
16necessary to review whether a contract, purchase, or other
17expenditure is or is not subject to the provisions of this
18Code, unless such records would be subject to attorney-client
19privilege.
20    (j) This Code does not apply to the process used by the
21Capital Development Board to retain an artist or work or works
22of art as required in Section 14 of the Capital Development
23Board Act.
24    (k) This Code does not apply to the process to procure
25contracts, or contracts entered into, by the State Board of
26Elections or the State Electoral Board for hearing officers

 

 

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1appointed pursuant to the Election Code.
2    (l) This Code does not apply to the processes used by the
3Illinois Student Assistance Commission to procure supplies and
4services paid for from the private funds of the Illinois
5Prepaid Tuition Fund. As used in this subsection (l), "private
6funds" means funds derived from deposits paid into the Illinois
7Prepaid Tuition Trust Fund and the earnings thereon.
8(Source: P.A. 99-801, eff. 1-1-17; 100-43, eff. 8-9-17;
9100-580, eff. 3-12-18; 100-757, eff. 8-10-18; 100-1114, eff.
108-28-18; revised 10-18-18.)
 
11    Section 15. The Illinois Income Tax Act is amended by
12changing Section 201 as follows:
 
13    (35 ILCS 5/201)  (from Ch. 120, par. 2-201)
14    Sec. 201. Tax imposed.
15    (a) In general. A tax measured by net income is hereby
16imposed on every individual, corporation, trust and estate for
17each taxable year ending after July 31, 1969 on the privilege
18of earning or receiving income in or as a resident of this
19State. Such tax shall be in addition to all other occupation or
20privilege taxes imposed by this State or by any municipal
21corporation or political subdivision thereof.
22    (b) Rates. The tax imposed by subsection (a) of this
23Section shall be determined as follows, except as adjusted by
24subsection (d-1):

 

 

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

 

 

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1        (5.1) In the case of an individual, trust, or estate,
2    for taxable years beginning prior to January 1, 2015, and
3    ending after December 31, 2014, an amount equal to the sum
4    of (i) 5% of the taxpayer's net income for the period prior
5    to January 1, 2015, as calculated under Section 202.5, and
6    (ii) 3.75% of the taxpayer's net income for the period
7    after December 31, 2014, as calculated under Section 202.5.
8        (5.2) In the case of an individual, trust, or estate,
9    for taxable years beginning on or after January 1, 2015,
10    and ending prior to July 1, 2017, an amount equal to 3.75%
11    of the taxpayer's net income for the taxable year.
12        (5.3) In the case of an individual, trust, or estate,
13    for taxable years beginning prior to July 1, 2017, and
14    ending after June 30, 2017, an amount equal to the sum of
15    (i) 3.75% of the taxpayer's net income for the period prior
16    to July 1, 2017, as calculated under Section 202.5, and
17    (ii) 4.95% of the taxpayer's net income for the period
18    after June 30, 2017, as calculated under Section 202.5.
19        (5.4) In the case of an individual, trust, or estate,
20    for taxable years beginning on or after July 1, 2017, an
21    amount equal to 4.95% of the taxpayer's net income for the
22    taxable year.
23        (6) In the case of a corporation, for taxable years
24    ending prior to July 1, 1989, an amount equal to 4% of the
25    taxpayer's net income for the taxable year.
26        (7) In the case of a corporation, for taxable years

 

 

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

 

 

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

 

 

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1Tax Replacement Income Tax shall be in addition to the income
2tax imposed by subsections (a) and (b) of this Section and in
3addition to all other occupation or privilege taxes imposed by
4this State or by any municipal corporation or political
5subdivision thereof.
6    (d) Additional Personal Property Tax Replacement Income
7Tax Rates. The personal property tax replacement income tax
8imposed by this subsection and subsection (c) of this Section
9in the case of a corporation, other than a Subchapter S
10corporation and except as adjusted by subsection (d-1), shall
11be an additional amount equal to 2.85% of such taxpayer's net
12income for the taxable year, except that beginning on January
131, 1981, and thereafter, the rate of 2.85% specified in this
14subsection shall be reduced to 2.5%, and in the case of a
15partnership, trust or a Subchapter S corporation shall be an
16additional amount equal to 1.5% of such taxpayer's net income
17for the taxable year.
18    (d-1) Rate reduction for certain foreign insurers. In the
19case of a foreign insurer, as defined by Section 35A-5 of the
20Illinois Insurance Code, whose state or country of domicile
21imposes on insurers domiciled in Illinois a retaliatory tax
22(excluding any insurer whose premiums from reinsurance assumed
23are 50% or more of its total insurance premiums as determined
24under paragraph (2) of subsection (b) of Section 304, except
25that for purposes of this determination premiums from
26reinsurance do not include premiums from inter-affiliate

 

 

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

 

 

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1    equals 1.25% for taxable years ending prior to December 31,
2    2003, or 1.75% for taxable years ending on or after
3    December 31, 2003, of the net taxable premiums written for
4    the taxable year, as described by subsection (1) of Section
5    409 of the Illinois Insurance Code. This paragraph will in
6    no event increase the rates imposed under subsections (b)
7    and (d).
8        (2) Any reduction in the rates of tax imposed by this
9    subsection shall be applied first against the rates imposed
10    by subsection (b) and only after the tax imposed by
11    subsection (a) net of all credits allowed under this
12    Section other than the credit allowed under subsection (i)
13    has been reduced to zero, against the rates imposed by
14    subsection (d).
15    This subsection (d-1) is exempt from the provisions of
16Section 250.
17    (e) Investment credit. A taxpayer shall be allowed a credit
18against the Personal Property Tax Replacement Income Tax for
19investment in qualified property.
20        (1) A taxpayer shall be allowed a credit equal to .5%
21    of the basis of qualified property placed in service during
22    the taxable year, provided such property is placed in
23    service on or after July 1, 1984. There shall be allowed an
24    additional credit equal to .5% of the basis of qualified
25    property placed in service during the taxable year,
26    provided such property is placed in service on or after

 

 

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1    July 1, 1986, and the taxpayer's base employment within
2    Illinois has increased by 1% or more over the preceding
3    year as determined by the taxpayer's employment records
4    filed with the Illinois Department of Employment Security.
5    Taxpayers who are new to Illinois shall be deemed to have
6    met the 1% growth in base employment for the first year in
7    which they file employment records with the Illinois
8    Department of Employment Security. The provisions added to
9    this Section by Public Act 85-1200 (and restored by Public
10    Act 87-895) shall be construed as declaratory of existing
11    law and not as a new enactment. If, in any year, the
12    increase in base employment within Illinois over the
13    preceding year is less than 1%, the additional credit shall
14    be limited to that percentage times a fraction, the
15    numerator of which is .5% and the denominator of which is
16    1%, but shall not exceed .5%. The investment credit shall
17    not be allowed to the extent that it would reduce a
18    taxpayer's liability in any tax year below zero, nor may
19    any credit for qualified property be allowed for any year
20    other than the year in which the property was placed in
21    service in Illinois. For tax years ending on or after
22    December 31, 1987, and on or before December 31, 1988, the
23    credit shall be allowed for the tax year in which the
24    property is placed in service, or, if the amount of the
25    credit exceeds the tax liability for that year, whether it
26    exceeds the original liability or the liability as later

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    of Section 250.
2    (f) Investment credit; Enterprise Zone; River Edge
3Redevelopment Zone.
4        (1) A taxpayer shall be allowed a credit against the
5    tax imposed by subsections (a) and (b) of this Section for
6    investment in qualified property which is placed in service
7    in an Enterprise Zone created pursuant to the Illinois
8    Enterprise Zone Act or, for property placed in service on
9    or after July 1, 2006, a River Edge Redevelopment Zone
10    established pursuant to the River Edge Redevelopment Zone
11    Act. For partners, shareholders of Subchapter S
12    corporations, and owners of limited liability companies,
13    if the liability company is treated as a partnership for
14    purposes of federal and State income taxation, there shall
15    be allowed a credit under this subsection (f) to be
16    determined in accordance with the determination of income
17    and distributive share of income under Sections 702 and 704
18    and Subchapter S of the Internal Revenue Code. The credit
19    shall be .5% of the basis for such property. The credit
20    shall be available only in the taxable year in which the
21    property is placed in service in the Enterprise Zone or
22    River Edge Redevelopment Zone and shall not be allowed to
23    the extent that it would reduce a taxpayer's liability for
24    the tax imposed by subsections (a) and (b) of this Section
25    to below zero. For tax years ending on or after December
26    31, 1985, the credit shall be allowed for the tax year in

 

 

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1    which the property is placed in service, or, if the amount
2    of the credit exceeds the tax liability for that year,
3    whether it exceeds the original liability or the liability
4    as later amended, such excess may be carried forward and
5    applied to the tax liability of the 5 taxable years
6    following the excess credit year. The credit shall be
7    applied to the earliest year for which there is a
8    liability. If there is credit from more than one tax year
9    that is available to offset a liability, the credit
10    accruing first in time shall be applied first.
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        (f);
19            (C) is acquired by purchase as defined in Section
20        179(d) of the Internal Revenue Code;
21            (D) is used in the Enterprise Zone or River Edge
22        Redevelopment Zone by the taxpayer; and
23            (E) has not been previously used in Illinois in
24        such a manner and by such a person as would qualify for
25        the credit provided by this subsection (f) or
26        subsection (e).

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1forward and applied to the tax liability imposed by subsections
2(a) and (b) of the 5 taxable years following the excess credit
3year, provided that no credit may be carried forward to any
4year ending on or after December 31, 2003. This credit shall be
5applied first to the earliest year for which there is a
6liability. If there is a credit under this subsection from more
7than one tax year that is available to offset a liability the
8earliest credit arising under this subsection shall be applied
9first.
10    If, during any taxable year ending on or after December 31,
111986, the tax imposed by subsections (c) and (d) of this
12Section for which a taxpayer has claimed a credit under this
13subsection (i) is reduced, the amount of credit for such tax
14shall also be reduced. Such reduction shall be determined by
15recomputing the credit to take into account the reduced tax
16imposed by subsections (c) and (d). If any portion of the
17reduced amount of credit has been carried to a different
18taxable year, an amended return shall be filed for such taxable
19year to reduce the amount of credit claimed.
20    (j) Training expense credit. Beginning with tax years
21ending on or after December 31, 1986 and prior to December 31,
222003, a taxpayer shall be allowed a credit against the tax
23imposed by subsections (a) and (b) under this Section for all
24amounts paid or accrued, on behalf of all persons employed by
25the taxpayer in Illinois or Illinois residents employed outside
26of Illinois by a taxpayer, for educational or vocational

 

 

10100HB0895ham002- 32 -LRB101 07600 CPF 59142 a

1training in semi-technical or technical fields or semi-skilled
2or skilled fields, which were deducted from gross income in the
3computation of taxable income. The credit against the tax
4imposed by subsections (a) and (b) shall be 1.6% of such
5training expenses. 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 (j) 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    Any credit allowed under this subsection which is unused in
14the year the credit is earned may be carried forward to each of
15the 5 taxable years following the year for which the credit is
16first computed until it is used. This credit shall be applied
17first to the earliest year for which there is a liability. If
18there is a credit under this subsection from more than one tax
19year that is available to offset a liability the earliest
20credit arising under this subsection shall be applied first. No
21carryforward credit may be claimed in any tax year ending on or
22after December 31, 2003.
23    (k) Research and development credit. For tax years ending
24after July 1, 1990 and prior to December 31, 2003, and
25beginning again for tax years ending on or after December 31,
262004, and ending prior to January 1, 2022, a taxpayer shall be

 

 

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

 

 

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1    Any credit in excess of the tax liability for the taxable
2year may be carried forward. A taxpayer may elect to have the
3unused credit shown on its final completed return carried over
4as a credit against the tax liability for the following 5
5taxable years or until it has been fully used, whichever occurs
6first; provided that no credit earned in a tax year ending
7prior to December 31, 2003 may be carried forward to any year
8ending on or after December 31, 2003.
9    If an unused credit is carried forward to a given year from
102 or more earlier years, that credit arising in the earliest
11year will be applied first against the tax liability for the
12given year. If a tax liability for the given year still
13remains, the credit from the next earliest year will then be
14applied, and so on, until all credits have been used or no tax
15liability for the given year remains. Any remaining unused
16credit or credits then will be carried forward to the next
17following year in which a tax liability is incurred, except
18that no credit can be carried forward to a year which is more
19than 5 years after the year in which the expense for which the
20credit is given was incurred.
21    No inference shall be drawn from this amendatory Act of the
2291st General Assembly in construing this Section for taxable
23years beginning before January 1, 1999.
24    It is the intent of the General Assembly that the research
25and development credit under this subsection (k) shall apply
26continuously for all tax years ending on or after December 31,

 

 

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12004 and ending prior to January 1, 2022, including, but not
2limited to, the period beginning on January 1, 2016 and ending
3on the effective date of this amendatory Act of the 100th
4General Assembly. All actions taken in reliance on the
5continuation of the credit under this subsection (k) by any
6taxpayer are hereby validated.
7    (l) Environmental Remediation Tax Credit.
8        (i) For tax years ending after December 31, 1997 and on
9    or before December 31, 2001, a taxpayer shall be allowed a
10    credit against the tax imposed by subsections (a) and (b)
11    of this Section for certain amounts paid for unreimbursed
12    eligible remediation costs, as specified in this
13    subsection. For purposes of this Section, "unreimbursed
14    eligible remediation costs" means costs approved by the
15    Illinois Environmental Protection Agency ("Agency") under
16    Section 58.14 of the Environmental Protection Act that were
17    paid in performing environmental remediation at a site for
18    which a No Further Remediation Letter was issued by the
19    Agency and recorded under Section 58.10 of the
20    Environmental Protection Act. The credit must be claimed
21    for the taxable year in which Agency approval of the
22    eligible remediation costs is granted. The credit is not
23    available to any taxpayer if the taxpayer or any related
24    party caused or contributed to, in any material respect, a
25    release of regulated substances on, in, or under the site
26    that was identified and addressed by the remedial action

 

 

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

 

 

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1    distributive share of income under Sections 702 and 704 and
2    subchapter S of the Internal Revenue Code.
3        (ii) A credit allowed under this subsection that is
4    unused in the year the credit is earned may be carried
5    forward to each of the 5 taxable years following the year
6    for which the credit is first earned until it is used. The
7    term "unused credit" does not include any amounts of
8    unreimbursed eligible remediation costs in excess of the
9    maximum credit per site authorized under paragraph (i).
10    This 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    (m) Education expense credit. Beginning with tax years
6ending after December 31, 1999, a taxpayer who is the custodian
7of one or more qualifying pupils shall be allowed a credit
8against the tax imposed by subsections (a) and (b) of this
9Section for qualified education expenses incurred on behalf of
10the qualifying pupils. The credit shall be equal to 25% of
11qualified education expenses, but in no event may the total
12credit under this subsection claimed by a family that is the
13custodian of qualifying pupils exceed (i) $500 for tax years
14ending prior to December 31, 2017, and (ii) $750 for tax years
15ending on or after December 31, 2017. In no event shall a
16credit under this subsection reduce the taxpayer's liability
17under this Act to less than zero. Notwithstanding any other
18provision of law, for taxable years beginning on or after
19January 1, 2017, no taxpayer may claim a credit under this
20subsection (m) if the taxpayer's adjusted gross income for the
21taxable year exceeds (i) $500,000, in the case of spouses
22filing a joint federal tax return or (ii) $250,000, in the case
23of all other taxpayers. This subsection is exempt from the
24provisions of Section 250 of this Act.
25    For purposes of this subsection:
26    "Qualifying pupils" means individuals who (i) are

 

 

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

 

 

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

 

 

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1    (b), (c), and (f)(1) of Section 267 of the Internal Revenue
2    Code by virtue of being a related taxpayer, as well as any
3    of its partners. The credit allowed against the tax imposed
4    by subsections (a) and (b) shall be equal to 25% of the
5    unreimbursed eligible remediation costs in excess of
6    $100,000 per site.
7        (ii) A credit allowed under this subsection that is
8    unused in the year the credit is earned may be carried
9    forward to each of the 5 taxable years following the year
10    for which the credit is first earned until it is used. This
11    credit shall be applied first to the earliest year for
12    which there is a liability. If there is a credit under this
13    subsection from more than one tax year that is available to
14    offset a liability, the earliest credit arising under this
15    subsection shall be applied first. A credit allowed under
16    this subsection may be sold to a buyer as part of a sale of
17    all or part of the remediation site for which the credit
18    was granted. The purchaser of a remediation site and the
19    tax credit shall succeed to the unused credit and remaining
20    carry-forward period of the seller. To perfect the
21    transfer, the assignor shall record the transfer in the
22    chain of title for the site and provide written notice to
23    the Director of the Illinois Department of Revenue of the
24    assignor's intent to sell the remediation site and the
25    amount of the tax credit to be transferred as a portion of
26    the sale. In no event may a credit be transferred to any

 

 

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

 

 

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

 

 

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

 

 

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1Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
2the Use Tax Act, the tax is imposed at the rate of 1.25%.
3    Beginning on August 6, 2010 through August 15, 2010, with
4respect to sales tax holiday items as defined in Section 3-6 of
5this Act, the tax is imposed at the rate of 1.25%.
6    With respect to gasohol, the tax imposed by this Act
7applies to (i) 70% of the proceeds of sales made on or after
8January 1, 1990, and before July 1, 2003, (ii) 80% of the
9proceeds of sales made on or after July 1, 2003 and on or
10before July 1, 2017, and (iii) 100% of the proceeds of sales
11made thereafter. If, at any time, however, the tax under this
12Act on sales of gasohol is imposed at the rate of 1.25%, then
13the tax imposed by this Act applies to 100% of the proceeds of
14sales of gasohol made during that time.
15    With respect to majority blended ethanol fuel, the tax
16imposed by this Act does not apply to the proceeds of sales
17made on or after July 1, 2003 and on or before December 31,
182023 but applies to 100% of the proceeds of sales made
19thereafter.
20    With respect to biodiesel blends with no less than 1% and
21no more than 10% biodiesel, the tax imposed by this Act applies
22to (i) 80% of the proceeds of sales made on or after July 1,
232003 and on or before December 31, 2018 and (ii) 100% of the
24proceeds of sales made thereafter. If, at any time, however,
25the tax under this Act on sales of biodiesel blends with no
26less than 1% and no more than 10% biodiesel is imposed at the

 

 

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1rate of 1.25%, then the tax imposed by this Act applies to 100%
2of the proceeds of sales of biodiesel blends with no less than
31% and no more than 10% biodiesel made during that time.
4    With respect to 100% biodiesel and biodiesel blends with
5more than 10% but no more than 99% biodiesel, the tax imposed
6by this Act does not apply to the proceeds of sales made on or
7after July 1, 2003 and on or before December 31, 2023 but
8applies to 100% of the proceeds of sales made thereafter.
9    With respect to food for human consumption that is to be
10consumed off the premises where it is sold (other than
11alcoholic beverages, soft drinks, and food that has been
12prepared for immediate consumption) and prescription and
13nonprescription medicines, drugs, medical appliances, products
14classified as Class III medical devices by the United States
15Food and Drug Administration that are used for cancer treatment
16pursuant to a prescription, as well as any accessories and
17components related to those devices, modifications to a motor
18vehicle for the purpose of rendering it usable by a person with
19a disability, and insulin, urine testing materials, syringes,
20and needles used by diabetics, for human use, the tax is
21imposed at the rate of 1%. For the purposes of this Section,
22until September 1, 2009: the term "soft drinks" means any
23complete, finished, ready-to-use, non-alcoholic drink, whether
24carbonated or not, including but not limited to soda water,
25cola, fruit juice, vegetable juice, carbonated water, and all
26other preparations commonly known as soft drinks of whatever

 

 

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

 

 

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

 

 

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1medicines and drugs" includes medical cannabis purchased from a
2registered dispensing organization under the Compassionate Use
3of Medical Cannabis Pilot Program Act.
4    If the property that is purchased at retail from a retailer
5is acquired outside Illinois and used outside Illinois before
6being brought to Illinois for use here and is taxable under
7this Act, the "selling price" on which the tax is computed
8shall be reduced by an amount that represents a reasonable
9allowance for depreciation for the period of prior out-of-state
10use.
11(Source: P.A. 99-143, eff. 7-27-15; 99-858, eff. 8-19-16;
12100-22, eff. 7-6-17.)
 
13    Section 25. The Service Use Tax Act is amended by changing
14Section 3-10 as follows:
 
15    (35 ILCS 110/3-10)  (from Ch. 120, par. 439.33-10)
16    Sec. 3-10. Rate of tax. Unless otherwise provided in this
17Section, the tax imposed by this Act is at the rate of 6.25% of
18the selling price of tangible personal property transferred as
19an incident to the sale of service, but, for the purpose of
20computing this tax, in no event shall the selling price be less
21than the cost price of the property to the serviceman.
22    Beginning on July 1, 2000 and through December 31, 2000,
23with respect to motor fuel, as defined in Section 1.1 of the
24Motor 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    With respect to gasohol, as defined in the Use Tax Act, the
3tax imposed by this Act applies to (i) 70% of the selling price
4of property transferred as an incident to the sale of service
5on or after January 1, 1990, and before July 1, 2003, (ii) 80%
6of the selling price of property transferred as an incident to
7the sale of service on or after July 1, 2003 and on or before
8July 1, 2017, and (iii) 100% of the selling price thereafter.
9If, at any time, however, the tax under this Act on sales of
10gasohol, as defined in the Use Tax Act, is imposed at the rate
11of 1.25%, then the tax imposed by this Act applies to 100% of
12the proceeds of sales of gasohol made during that time.
13    With respect to majority blended ethanol fuel, as defined
14in the Use Tax Act, the tax imposed by this Act does not apply
15to the selling price of property transferred as an incident to
16the sale of service on or after July 1, 2003 and on or before
17December 31, 2023 but applies to 100% of the selling price
18thereafter.
19    With respect to biodiesel blends, as defined in the Use Tax
20Act, with no less than 1% and no more than 10% biodiesel, the
21tax imposed by this Act applies to (i) 80% of the selling price
22of property transferred as an incident to the sale of service
23on or after July 1, 2003 and on or before December 31, 2018 and
24(ii) 100% of the proceeds of the selling price thereafter. If,
25at any time, however, the tax under this Act on sales of
26biodiesel blends, as defined in the Use Tax Act, with no less

 

 

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

 

 

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1Act, the Specialized Mental Health Rehabilitation Act of 2013,
2or the Child Care Act of 1969. The tax shall also be imposed at
3the rate of 1% on food for human consumption that is to be
4consumed off the premises where it is sold (other than
5alcoholic beverages, soft drinks, and food that has been
6prepared for immediate consumption and is not otherwise
7included in this paragraph) and prescription and
8nonprescription medicines, drugs, medical appliances, products
9classified as Class III medical devices by the United States
10Food and Drug Administration that are used for cancer treatment
11pursuant to a prescription, as well as any accessories and
12components related to those devices, modifications to a motor
13vehicle for the purpose of rendering it usable by a person with
14a disability, and insulin, urine testing materials, syringes,
15and needles used by diabetics, for human use. For the purposes
16of this Section, until September 1, 2009: the term "soft
17drinks" means any complete, finished, ready-to-use,
18non-alcoholic drink, whether carbonated or not, including but
19not limited to soda water, cola, fruit juice, vegetable juice,
20carbonated water, and all other preparations commonly known as
21soft drinks of whatever kind or description that are contained
22in any closed or sealed bottle, can, carton, or container,
23regardless of size; but "soft drinks" does not include coffee,
24tea, non-carbonated water, infant formula, milk or milk
25products as defined in the Grade A Pasteurized Milk and Milk
26Products Act, or drinks containing 50% or more natural fruit or

 

 

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

 

 

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

 

 

10100HB0895ham002- 55 -LRB101 07600 CPF 59142 a

1being brought to Illinois for use here and is taxable under
2this Act, the "selling price" on which the tax is computed
3shall be reduced by an amount that represents a reasonable
4allowance for depreciation for the period of prior out-of-state
5use.
6(Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15;
799-642, eff. 7-28-16; 99-858, eff. 8-19-16; 100-22, eff.
87-6-17.)
 
9    Section 30. The Service Occupation Tax Act is amended by
10changing Section 3-10 as follows:
 
11    (35 ILCS 115/3-10)  (from Ch. 120, par. 439.103-10)
12    Sec. 3-10. Rate of tax. Unless otherwise provided in this
13Section, the tax imposed by this Act is at the rate of 6.25% of
14the "selling price", as defined in Section 2 of the Service Use
15Tax Act, of the tangible personal property. For the purpose of
16computing this tax, in no event shall the "selling price" be
17less than the cost price to the serviceman of the tangible
18personal property transferred. The selling price of each item
19of tangible personal property transferred as an incident of a
20sale of service may be shown as a distinct and separate item on
21the serviceman's billing to the service customer. If the
22selling price is not so shown, the selling price of the
23tangible personal property is deemed to be 50% of the
24serviceman's entire billing to the service customer. When,

 

 

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1however, a serviceman contracts to design, develop, and produce
2special order machinery or equipment, the tax imposed by this
3Act shall be based on the serviceman's cost price of the
4tangible personal property transferred incident to the
5completion of the contract.
6    Beginning on July 1, 2000 and through December 31, 2000,
7with respect to motor fuel, as defined in Section 1.1 of the
8Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
9the Use Tax Act, the tax is imposed at the rate of 1.25%.
10    With respect to gasohol, as defined in the Use Tax Act, the
11tax imposed by this Act shall apply to (i) 70% of the cost
12price of property transferred as an incident to the sale of
13service on or after January 1, 1990, and before July 1, 2003,
14(ii) 80% of the selling price of property transferred as an
15incident to the sale of service on or after July 1, 2003 and on
16or before July 1, 2017, and (iii) 100% of the cost price
17thereafter. If, at any time, however, the tax under this Act on
18sales of gasohol, as defined in the Use Tax Act, is imposed at
19the rate of 1.25%, then the tax imposed by this Act applies to
20100% of the proceeds of sales of gasohol made during that time.
21    With respect to majority blended ethanol fuel, as defined
22in the Use Tax Act, the tax imposed by this Act does not apply
23to the selling price of property transferred as an incident to
24the sale of service on or after July 1, 2003 and on or before
25December 31, 2023 but applies to 100% of the selling price
26thereafter.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    list of those ingredients contained in the compound,
2    substance or preparation.
3    Beginning on January 1, 2014 (the effective date of Public
4Act 98-122), "prescription and nonprescription medicines and
5drugs" includes medical cannabis purchased from a registered
6dispensing organization under the Compassionate Use of Medical
7Cannabis Pilot Program Act.
8(Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15;
999-642, eff. 7-28-16; 99-858, eff. 8-19-16; 100-22, eff.
107-6-17.)
 
11    Section 35. The Retailers' Occupation Tax Act is amended by
12changing Section 2-10 as follows:
 
13    (35 ILCS 120/2-10)
14    Sec. 2-10. Rate of tax. Unless otherwise provided in this
15Section, the tax imposed by this Act is at the rate of 6.25% of
16gross receipts from sales of tangible personal property made in
17the course of business.
18    Beginning on July 1, 2000 and through December 31, 2000,
19with respect to motor fuel, as defined in Section 1.1 of the
20Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
21the Use Tax Act, the tax is imposed at the rate of 1.25%.
22    Beginning on August 6, 2010 through August 15, 2010, with
23respect to sales tax holiday items as defined in Section 2-8 of
24this Act, the tax is imposed at the rate of 1.25%.

 

 

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1    Within 14 days after the effective date of this amendatory
2Act of the 91st General Assembly, each retailer of motor fuel
3and gasohol shall cause the following notice to be posted in a
4prominently visible place on each retail dispensing device that
5is used to dispense motor fuel or gasohol in the State of
6Illinois: "As of July 1, 2000, the State of Illinois has
7eliminated the State's share of sales tax on motor fuel and
8gasohol through December 31, 2000. The price on this pump
9should reflect the elimination of the tax." The notice shall be
10printed in bold print on a sign that is no smaller than 4
11inches by 8 inches. The sign shall be clearly visible to
12customers. Any retailer who fails to post or maintain a
13required sign through December 31, 2000 is guilty of a petty
14offense for which the fine shall be $500 per day per each
15retail premises where a violation occurs.
16    With respect to gasohol, as defined in the Use Tax Act, the
17tax imposed by this Act applies to (i) 70% of the proceeds of
18sales made on or after January 1, 1990, and before July 1,
192003, (ii) 80% of the proceeds of sales made on or after July
201, 2003 and on or before July 1, 2017, and (iii) 100% of the
21proceeds of sales made thereafter. If, at any time, however,
22the tax under this Act on sales of gasohol, as defined in the
23Use Tax Act, is imposed at the rate of 1.25%, then the tax
24imposed by this Act applies to 100% of the proceeds of sales of
25gasohol made during that time.
26    With respect to majority blended ethanol fuel, as defined

 

 

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1in the Use Tax Act, the tax imposed by this Act does not apply
2to the proceeds of sales made on or after July 1, 2003 and on or
3before December 31, 2023 but applies to 100% of the proceeds of
4sales made thereafter.
5    With respect to biodiesel blends, as defined in the Use Tax
6Act, with no less than 1% and no more than 10% biodiesel, the
7tax imposed by this Act applies to (i) 80% of the proceeds of
8sales made on or after July 1, 2003 and on or before December
931, 2018 and (ii) 100% of the proceeds of sales made
10thereafter. If, at any time, however, the tax under this Act on
11sales of biodiesel blends, as defined in the Use Tax Act, with
12no less than 1% and no more than 10% biodiesel is imposed at
13the rate of 1.25%, then the tax imposed by this Act applies to
14100% of the proceeds of sales of biodiesel blends with no less
15than 1% and no more than 10% biodiesel made during that time.
16    With respect to 100% biodiesel, as defined in the Use Tax
17Act, and biodiesel blends, as defined in the Use Tax Act, with
18more than 10% but no more than 99% biodiesel, the tax imposed
19by this Act does not apply to the proceeds of sales made on or
20after July 1, 2003 and on or before December 31, 2023 but
21applies to 100% of the proceeds of sales made thereafter.
22    With respect to food for human consumption that is to be
23consumed off the premises where it is sold (other than
24alcoholic beverages, soft drinks, and food that has been
25prepared for immediate consumption) and prescription and
26nonprescription medicines, drugs, medical appliances, products

 

 

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

 

 

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

 

 

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1lotions and screens, unless those products are available by
2prescription only, regardless of whether the products meet the
3definition of "over-the-counter-drugs". For the purposes of
4this paragraph, "over-the-counter-drug" means a drug for human
5use that contains a label that identifies the product as a drug
6as required by 21 C.F.R. 201.66. The "over-the-counter-drug"
7label includes:
8        (A) A "Drug Facts" panel; or
9        (B) A statement of the "active ingredient(s)" with a
10    list of those ingredients contained in the compound,
11    substance or preparation.
12    Beginning on the effective date of this amendatory Act of
13the 98th General Assembly, "prescription and nonprescription
14medicines and drugs" includes medical cannabis purchased from a
15registered dispensing organization under the Compassionate Use
16of Medical Cannabis Pilot Program Act.
17(Source: P.A. 99-143, eff. 7-27-15; 99-858, eff. 8-19-16;
18100-22, eff. 7-6-17.)
 
19    Section 40. The School Code is amended by changing Section
2022-33 as follows:
 
21    (105 ILCS 5/22-33)
22    Sec. 22-33. Medical cannabis.
23    (a) This Section may be referred to as Ashley's Law.
24    (a-5) In this Section, "designated caregiver", "medical

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1federal statutes and regulations safeguarding the
2confidentiality of medical records.
3    An individual licensed under this Act, affected under this
4Section, shall be afforded an opportunity to demonstrate to the
5Disciplinary Board that they can resume practice in compliance
6with acceptable and prevailing standards under the provisions
7of their license.
8    The Department may promulgate rules for the imposition of
9fines in disciplinary cases, not to exceed $10,000 for each
10violation of this Act. Fines may be imposed in conjunction with
11other forms of disciplinary action, but shall not be the
12exclusive disposition of any disciplinary action arising out of
13conduct resulting in death or injury to a patient. Any funds
14collected from such fines shall be deposited in the Illinois
15State Medical Disciplinary Fund.
16    All fines imposed under this Section shall be paid within
1760 days after the effective date of the order imposing the fine
18or in accordance with the terms set forth in the order imposing
19the fine.
20    (B) The Department shall revoke the license or permit
21issued under this Act to practice medicine or a chiropractic
22physician who has been convicted a second time of committing
23any felony under the Illinois Controlled Substances Act or the
24Methamphetamine Control and Community Protection Act, or who
25has been convicted a second time of committing a Class 1 felony
26under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A

 

 

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

 

 

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1second or subsequent violation, a civil penalty of $5,000.
2(Source: P.A. 99-270, eff. 1-1-16; 99-933, eff. 1-27-17;
3100-429, eff. 8-25-17; 100-513, eff. 1-1-18; 100-605, eff.
41-1-19; 100-863, eff. 8-14-18; 100-1137, eff. 1-1-19; revised
512-19-18.)
 
6    Section 46. The Nurse Practice Act is amended by changing
7Section 70-5 as follows:
 
8    (225 ILCS 65/70-5)   (was 225 ILCS 65/10-45)
9    (Section scheduled to be repealed on January 1, 2028)
10    Sec. 70-5. Grounds for disciplinary action.
11    (a) The Department may refuse to issue or to renew, or may
12revoke, suspend, place on probation, reprimand, or take other
13disciplinary or non-disciplinary action as the Department may
14deem appropriate, including fines not to exceed $10,000 per
15violation, with regard to a license for any one or combination
16of the causes set forth in subsection (b) below. All fines
17collected under this Section shall be deposited in the Nursing
18Dedicated and Professional Fund.
19    (b) Grounds for disciplinary action include the following:
20        (1) Material deception in furnishing information to
21    the Department.
22        (2) Material violations of any provision of this Act or
23    violation of the rules of or final administrative action of
24    the Secretary, after consideration of the recommendation

 

 

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1    of the Board.
2        (3) Conviction by plea of guilty or nolo contendere,
3    finding of guilt, jury verdict, or entry of judgment or by
4    sentencing of any crime, including, but not limited to,
5    convictions, preceding sentences of supervision,
6    conditional discharge, or first offender probation, under
7    the laws of any jurisdiction of the United States: (i) that
8    is a felony; or (ii) that is a misdemeanor, an essential
9    element of which is dishonesty, or that is directly related
10    to the practice of the profession.
11        (4) A pattern of practice or other behavior which
12    demonstrates incapacity or incompetency to practice under
13    this Act.
14        (5) Knowingly aiding or assisting another person in
15    violating any provision of this Act or rules.
16        (6) Failing, within 90 days, to provide a response to a
17    request for information in response to a written request
18    made by the Department by certified or registered mail or
19    by email to the email address of record.
20        (7) Engaging in dishonorable, unethical or
21    unprofessional conduct of a character likely to deceive,
22    defraud or harm the public, as defined by rule.
23        (8) Unlawful taking, theft, selling, distributing, or
24    manufacturing of any drug, narcotic, or prescription
25    device.
26        (9) Habitual or excessive use or addiction to alcohol,

 

 

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1    narcotics, stimulants, or any other chemical agent or drug
2    that could result in a licensee's inability to practice
3    with reasonable judgment, skill or safety.
4        (10) Discipline by another U.S. jurisdiction or
5    foreign nation, if at least one of the grounds for the
6    discipline is the same or substantially equivalent to those
7    set forth in this Section.
8        (11) A finding that the licensee, after having her or
9    his license placed on probationary status or subject to
10    conditions or restrictions, has violated the terms of
11    probation or failed to comply with such terms or
12    conditions.
13        (12) Being named as a perpetrator in an indicated
14    report by the Department of Children and Family Services
15    and under the Abused and Neglected Child Reporting Act, and
16    upon proof by clear and convincing evidence that the
17    licensee has caused a child to be an abused child or
18    neglected child as defined in the Abused and Neglected
19    Child Reporting Act.
20        (13) Willful omission to file or record, or willfully
21    impeding the filing or recording or inducing another person
22    to omit to file or record medical reports as required by
23    law.
24        (13.5) Willfully failing to report an instance of
25    suspected child abuse or neglect as required by the Abused
26    and Neglected Child Reporting Act.

 

 

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1        (14) Gross negligence in the practice of practical,
2    professional, or advanced practice registered nursing.
3        (15) Holding oneself out to be practicing nursing under
4    any name other than one's own.
5        (16) Failure of a licensee to report to the Department
6    any adverse final action taken against him or her by
7    another licensing jurisdiction of the United States or any
8    foreign state or country, any peer review body, any health
9    care institution, any professional or nursing society or
10    association, any governmental agency, any law enforcement
11    agency, or any court or a nursing liability claim related
12    to acts or conduct similar to acts or conduct that would
13    constitute grounds for action as defined in this Section.
14        (17) Failure of a licensee to report to the Department
15    surrender by the licensee of a license or authorization to
16    practice nursing or advanced practice registered nursing
17    in another state or jurisdiction or current surrender by
18    the licensee of membership on any nursing staff or in any
19    nursing or advanced practice registered nursing or
20    professional association or society while under
21    disciplinary investigation by any of those authorities or
22    bodies for acts or conduct similar to acts or conduct that
23    would constitute grounds for action as defined by this
24    Section.
25        (18) Failing, within 60 days, to provide information in
26    response to a written request made by the Department.

 

 

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1        (19) Failure to establish and maintain records of
2    patient care and treatment as required by law.
3        (20) Fraud, deceit or misrepresentation in applying
4    for or procuring a license under this Act or in connection
5    with applying for renewal of a license under this Act.
6        (21) Allowing another person or organization to use the
7    licensees' license to deceive the public.
8        (22) Willfully making or filing false records or
9    reports in the licensee's practice, including but not
10    limited to false records to support claims against the
11    medical assistance program of the Department of Healthcare
12    and Family Services (formerly Department of Public Aid)
13    under the Illinois Public Aid Code.
14        (23) Attempting to subvert or cheat on a licensing
15    examination administered under this Act.
16        (24) Immoral conduct in the commission of an act,
17    including, but not limited to, sexual abuse, sexual
18    misconduct, or sexual exploitation, related to the
19    licensee's practice.
20        (25) Willfully or negligently violating the
21    confidentiality between nurse and patient except as
22    required by law.
23        (26) Practicing under a false or assumed name, except
24    as provided by law.
25        (27) The use of any false, fraudulent, or deceptive
26    statement in any document connected with the licensee's

 

 

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1    practice.
2        (28) Directly or indirectly giving to or receiving from
3    a person, firm, corporation, partnership, or association a
4    fee, commission, rebate, or other form of compensation for
5    professional services not actually or personally rendered.
6    Nothing in this paragraph (28) affects any bona fide
7    independent contractor or employment arrangements among
8    health care professionals, health facilities, health care
9    providers, or other entities, except as otherwise
10    prohibited by law. Any employment arrangements may include
11    provisions for compensation, health insurance, pension, or
12    other employment benefits for the provision of services
13    within the scope of the licensee's practice under this Act.
14    Nothing in this paragraph (28) shall be construed to
15    require an employment arrangement to receive professional
16    fees for services rendered.
17        (29) A violation of the Health Care Worker
18    Self-Referral Act.
19        (30) Physical illness, mental illness, or disability
20    that results in the inability to practice the profession
21    with reasonable judgment, skill, or safety.
22        (31) Exceeding the terms of a collaborative agreement
23    or the prescriptive authority delegated to a licensee by
24    his or her collaborating physician or podiatric physician
25    in guidelines established under a written collaborative
26    agreement.

 

 

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1        (32) Making a false or misleading statement regarding a
2    licensee's skill or the efficacy or value of the medicine,
3    treatment, or remedy prescribed by him or her in the course
4    of treatment.
5        (33) Prescribing, selling, administering,
6    distributing, giving, or self-administering a drug
7    classified as a controlled substance (designated product)
8    or narcotic for other than medically accepted therapeutic
9    purposes.
10        (34) Promotion of the sale of drugs, devices,
11    appliances, or goods provided for a patient in a manner to
12    exploit the patient for financial gain.
13        (35) Violating State or federal laws, rules, or
14    regulations relating to controlled substances.
15        (36) Willfully or negligently violating the
16    confidentiality between an advanced practice registered
17    nurse, collaborating physician, dentist, or podiatric
18    physician and a patient, except as required by law.
19        (37) Willfully failing to report an instance of
20    suspected abuse, neglect, financial exploitation, or
21    self-neglect of an eligible adult as defined in and
22    required by the Adult Protective Services Act.
23        (38) Being named as an abuser in a verified report by
24    the Department on Aging and under the Adult Protective
25    Services Act, and upon proof by clear and convincing
26    evidence that the licensee abused, neglected, or

 

 

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1    financially exploited an eligible adult as defined in the
2    Adult Protective Services Act.
3        (39) A violation of any provision of this Act or any
4    rules adopted under this Act.
5        (40) Violating the Compassionate Use of Medical
6    Cannabis Program Act.
7    (c) The determination by a circuit court that a licensee is
8subject to involuntary admission or judicial admission as
9provided in the Mental Health and Developmental Disabilities
10Code, as amended, operates as an automatic suspension. The
11suspension will end only upon a finding by a court that the
12patient is no longer subject to involuntary admission or
13judicial admission and issues an order so finding and
14discharging the patient; and upon the recommendation of the
15Board to the Secretary that the licensee be allowed to resume
16his or her practice.
17    (d) The Department may refuse to issue or may suspend or
18otherwise discipline the license of any person who fails to
19file a return, or to pay the tax, penalty or interest shown in
20a filed return, or to pay any final assessment of the tax,
21penalty, or interest as required by any tax Act administered by
22the Department of Revenue, until such time as the requirements
23of any such tax Act are satisfied.
24    (e) In enforcing this Act, the Department, upon a showing
25of a possible violation, may compel an individual licensed to
26practice under this Act or who has applied for licensure under

 

 

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1this Act, to submit to a mental or physical examination, or
2both, as required by and at the expense of the Department. The
3Department may order the examining physician to present
4testimony concerning the mental or physical examination of the
5licensee or applicant. No information shall be excluded by
6reason of any common law or statutory privilege relating to
7communications between the licensee or applicant and the
8examining physician. The examining physicians shall be
9specifically designated by the Department. The individual to be
10examined may have, at his or her own expense, another physician
11of his or her choice present during all aspects of this
12examination. Failure of an individual to submit to a mental or
13physical examination, when directed, shall result in an
14automatic suspension without hearing.
15    All substance-related violations shall mandate an
16automatic substance abuse assessment. Failure to submit to an
17assessment by a licensed physician who is certified as an
18addictionist or an advanced practice registered nurse with
19specialty certification in addictions may be grounds for an
20automatic suspension, as defined by rule.
21    If the Department finds an individual unable to practice or
22unfit for duty because of the reasons set forth in this
23subsection (e), the Department may require that individual to
24submit to a substance abuse evaluation or treatment by
25individuals or programs approved or designated by the
26Department, as a condition, term, or restriction for continued,

 

 

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1restored, or renewed licensure to practice; or, in lieu of
2evaluation or treatment, the Department may file, or the Board
3may recommend to the Department to file, a complaint to
4immediately suspend, revoke, or otherwise discipline the
5license of the individual. An individual whose license was
6granted, continued, restored, renewed, disciplined or
7supervised subject to such terms, conditions, or restrictions,
8and who fails to comply with such terms, conditions, or
9restrictions, shall be referred to the Secretary for a
10determination as to whether the individual shall have his or
11her license suspended immediately, pending a hearing by the
12Department.
13    In instances in which the Secretary immediately suspends a
14person's license under this subsection (e), a hearing on that
15person's license must be convened by the Department within 15
16days after the suspension and completed without appreciable
17delay. The Department and Board shall have the authority to
18review the subject individual's record of treatment and
19counseling regarding the impairment to the extent permitted by
20applicable federal statutes and regulations safeguarding the
21confidentiality of medical records.
22    An individual licensed under this Act and affected under
23this subsection (e) shall be afforded an opportunity to
24demonstrate to the Department that he or she can resume
25practice in compliance with nursing standards under the
26provisions of his or her license.

 

 

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1(Source: P.A. 100-513, eff. 1-1-18.)
 
2    Section 47. The Physician Assistant Practice Act of 1987 is
3amended by changing Section 21 as follows:
 
4    (225 ILCS 95/21)  (from Ch. 111, par. 4621)
5    (Section scheduled to be repealed on January 1, 2028)
6    Sec. 21. Grounds for disciplinary action.
7    (a) The Department may refuse to issue or to renew, or may
8revoke, suspend, place on probation, reprimand, or take other
9disciplinary or non-disciplinary action with regard to any
10license issued under this Act as the Department may deem
11proper, including the issuance of fines not to exceed $10,000
12for each violation, for any one or combination of the following
13causes:
14        (1) Material misstatement in furnishing information to
15    the Department.
16        (2) Violations of this Act, or the rules adopted under
17    this Act.
18        (3) Conviction by plea of guilty or nolo contendere,
19    finding of guilt, jury verdict, or entry of judgment or
20    sentencing, including, but not limited to, convictions,
21    preceding sentences of supervision, conditional discharge,
22    or first offender probation, under the laws of any
23    jurisdiction of the United States that is: (i) a felony; or
24    (ii) a misdemeanor, an essential element of which is

 

 

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1    dishonesty, or that is directly related to the practice of
2    the profession.
3        (4) Making any misrepresentation for the purpose of
4    obtaining licenses.
5        (5) Professional incompetence.
6        (6) Aiding or assisting another person in violating any
7    provision of this Act or its rules.
8        (7) Failing, within 60 days, to provide information in
9    response to a written request made by the Department.
10        (8) Engaging in dishonorable, unethical, or
11    unprofessional conduct, as defined by rule, of a character
12    likely to deceive, defraud, or harm the public.
13        (9) Habitual or excessive use or addiction to alcohol,
14    narcotics, stimulants, or any other chemical agent or drug
15    that results in a physician assistant's inability to
16    practice with reasonable judgment, skill, or safety.
17        (10) Discipline by another U.S. jurisdiction or
18    foreign nation, if at least one of the grounds for
19    discipline is the same or substantially equivalent to those
20    set forth in this Section.
21        (11) Directly or indirectly giving to or receiving from
22    any person, firm, corporation, partnership, or association
23    any fee, commission, rebate or other form of compensation
24    for any professional services not actually or personally
25    rendered. Nothing in this paragraph (11) affects any bona
26    fide independent contractor or employment arrangements,

 

 

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1    which may include provisions for compensation, health
2    insurance, pension, or other employment benefits, with
3    persons or entities authorized under this Act for the
4    provision of services within the scope of the licensee's
5    practice under this Act.
6        (12) A finding by the Disciplinary Board that the
7    licensee, after having his or her license placed on
8    probationary status has violated the terms of probation.
9        (13) Abandonment of a patient.
10        (14) Willfully making or filing false records or
11    reports in his or her practice, including but not limited
12    to false records filed with state agencies or departments.
13        (15) Willfully failing to report an instance of
14    suspected child abuse or neglect as required by the Abused
15    and Neglected Child Reporting Act.
16        (16) Physical illness, or mental illness or impairment
17    that results in the inability to practice the profession
18    with reasonable judgment, skill, or safety, including, but
19    not limited to, deterioration through the aging process or
20    loss of motor skill.
21        (17) Being named as a perpetrator in an indicated
22    report by the Department of Children and Family Services
23    under the Abused and Neglected Child Reporting Act, and
24    upon proof by clear and convincing evidence that the
25    licensee has caused a child to be an abused child or
26    neglected child as defined in the Abused and Neglected

 

 

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1    Child Reporting Act.
2        (18) (Blank).
3        (19) Gross negligence resulting in permanent injury or
4    death of a patient.
5        (20) Employment of fraud, deception or any unlawful
6    means in applying for or securing a license as a physician
7    assistant.
8        (21) Exceeding the authority delegated to him or her by
9    his or her collaborating physician in a written
10    collaborative agreement.
11        (22) Immoral conduct in the commission of any act, such
12    as sexual abuse, sexual misconduct, or sexual exploitation
13    related to the licensee's practice.
14        (23) Violation of the Health Care Worker Self-Referral
15    Act.
16        (24) Practicing under a false or assumed name, except
17    as provided by law.
18        (25) Making a false or misleading statement regarding
19    his or her skill or the efficacy or value of the medicine,
20    treatment, or remedy prescribed by him or her in the course
21    of treatment.
22        (26) Allowing another person to use his or her license
23    to practice.
24        (27) Prescribing, selling, administering,
25    distributing, giving, or self-administering a drug
26    classified as a controlled substance for other than

 

 

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1    medically-accepted therapeutic purposes.
2        (28) Promotion of the sale of drugs, devices,
3    appliances, or goods provided for a patient in a manner to
4    exploit the patient for financial gain.
5        (29) A pattern of practice or other behavior that
6    demonstrates incapacity or incompetence to practice under
7    this Act.
8        (30) Violating State or federal laws or regulations
9    relating to controlled substances or other legend drugs or
10    ephedra as defined in the Ephedra Prohibition Act.
11        (31) Exceeding the prescriptive authority delegated by
12    the collaborating physician or violating the written
13    collaborative agreement delegating that authority.
14        (32) Practicing without providing to the Department a
15    notice of collaboration or delegation of prescriptive
16    authority.
17        (33) Failure to establish and maintain records of
18    patient care and treatment as required by law.
19        (34) Attempting to subvert or cheat on the examination
20    of the National Commission on Certification of Physician
21    Assistants or its successor agency.
22        (35) Willfully or negligently violating the
23    confidentiality between physician assistant and patient,
24    except as required by law.
25        (36) Willfully failing to report an instance of
26    suspected abuse, neglect, financial exploitation, or

 

 

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1    self-neglect of an eligible adult as defined in and
2    required by the Adult Protective Services Act.
3        (37) Being named as an abuser in a verified report by
4    the Department on Aging under the Adult Protective Services
5    Act and upon proof by clear and convincing evidence that
6    the licensee abused, neglected, or financially exploited
7    an eligible adult as defined in the Adult Protective
8    Services Act.
9        (38) Failure to report to the Department an adverse
10    final action taken against him or her by another licensing
11    jurisdiction of the United States or a foreign state or
12    country, a peer review body, a health care institution, a
13    professional society or association, a governmental
14    agency, a law enforcement agency, or a court acts or
15    conduct similar to acts or conduct that would constitute
16    grounds for action under this Section.
17        (39) Failure to provide copies of records of patient
18    care or treatment, except as required by law.
19        (40) Entering into an excessive number of written
20    collaborative agreements with licensed physicians
21    resulting in an inability to adequately collaborate.
22        (41) Repeated failure to adequately collaborate with a
23    collaborating physician.
24        (42) Violating the Compassionate Use of Medical
25    Cannabis Program Act.
26    (b) The Department may, without a hearing, refuse to issue

 

 

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1or renew or may suspend the license of any person who fails to
2file a return, or to pay the tax, penalty or interest shown in
3a filed return, or to pay any final assessment of the tax,
4penalty, or interest as required by any tax Act administered by
5the Illinois Department of Revenue, until such time as the
6requirements of any such tax Act are satisfied.
7    (c) The determination by a circuit court that a licensee is
8subject to involuntary admission or judicial admission as
9provided in the Mental Health and Developmental Disabilities
10Code operates as an automatic suspension. The suspension will
11end only upon a finding by a court that the patient is no
12longer subject to involuntary admission or judicial admission
13and issues an order so finding and discharging the patient, and
14upon the recommendation of the Disciplinary Board to the
15Secretary that the licensee be allowed to resume his or her
16practice.
17    (d) In enforcing this Section, the Department upon a
18showing of a possible violation may compel an individual
19licensed to practice under this Act, or who has applied for
20licensure under this Act, to submit to a mental or physical
21examination, or both, which may include a substance abuse or
22sexual offender evaluation, as required by and at the expense
23of the Department.
24    The Department shall specifically designate the examining
25physician licensed to practice medicine in all of its branches
26or, if applicable, the multidisciplinary team involved in

 

 

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1providing the mental or physical examination or both. The
2multidisciplinary team shall be led by a physician licensed to
3practice medicine in all of its branches and may consist of one
4or more or a combination of physicians licensed to practice
5medicine in all of its branches, licensed clinical
6psychologists, licensed clinical social workers, licensed
7clinical professional counselors, and other professional and
8administrative staff. Any examining physician or member of the
9multidisciplinary team may require any person ordered to submit
10to an examination pursuant to this Section to submit to any
11additional supplemental testing deemed necessary to complete
12any examination or evaluation process, including, but not
13limited to, blood testing, urinalysis, psychological testing,
14or neuropsychological testing.
15    The Department may order the examining physician or any
16member of the multidisciplinary team to provide to the
17Department any and all records, including business records,
18that relate to the examination and evaluation, including any
19supplemental testing performed.
20    The Department may order the examining physician or any
21member of the multidisciplinary team to present testimony
22concerning the mental or physical examination of the licensee
23or applicant. No information, report, record, or other
24documents in any way related to the examination shall be
25excluded by reason of any common law or statutory privilege
26relating to communications between the licensee or applicant

 

 

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1and the examining physician or any member of the
2multidisciplinary team. No authorization is necessary from the
3licensee or applicant ordered to undergo an examination for the
4examining physician or any member of the multidisciplinary team
5to provide information, reports, records, or other documents or
6to provide any testimony regarding the examination and
7evaluation.
8    The individual to be examined may have, at his or her own
9expense, another physician of his or her choice present during
10all aspects of this examination. However, that physician shall
11be present only to observe and may not interfere in any way
12with the examination.
13     Failure of an individual to submit to a mental or physical
14examination, when ordered, shall result in an automatic
15suspension of his or her license until the individual submits
16to the examination.
17    If the Department finds an individual unable to practice
18because of the reasons set forth in this Section, the
19Department may require that individual to submit to care,
20counseling, or treatment by physicians approved or designated
21by the Department, as a condition, term, or restriction for
22continued, reinstated, or renewed licensure to practice; or, in
23lieu of care, counseling, or treatment, the Department may file
24a complaint to immediately suspend, revoke, or otherwise
25discipline the license of the individual. An individual whose
26license was granted, continued, reinstated, renewed,

 

 

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1disciplined, or supervised subject to such terms, conditions,
2or restrictions, and who fails to comply with such terms,
3conditions, or restrictions, shall be referred to the Secretary
4for a determination as to whether the individual shall have his
5or her license suspended immediately, pending a hearing by the
6Department.
7    In instances in which the Secretary immediately suspends a
8person's license under this Section, a hearing on that person's
9license must be convened by the Department within 30 days after
10the suspension and completed without appreciable delay. The
11Department shall have the authority to review the subject
12individual's record of treatment and counseling regarding the
13impairment to the extent permitted by applicable federal
14statutes and regulations safeguarding the confidentiality of
15medical records.
16    An individual licensed under this Act and affected under
17this Section shall be afforded an opportunity to demonstrate to
18the Department that he or she can resume practice in compliance
19with acceptable and prevailing standards under the provisions
20of his or her license.
21    (e) An individual or organization acting in good faith, and
22not in a willful and wanton manner, in complying with this
23Section by providing a report or other information to the
24Board, by assisting in the investigation or preparation of a
25report or information, by participating in proceedings of the
26Board, or by serving as a member of the Board, shall not be

 

 

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1subject to criminal prosecution or civil damages as a result of
2such actions.
3    (f) Members of the Board and the Disciplinary Board shall
4be indemnified by the State for any actions occurring within
5the scope of services on the Disciplinary Board or Board, done
6in good faith and not willful and wanton in nature. The
7Attorney General shall defend all such actions unless he or she
8determines either that there would be a conflict of interest in
9such representation or that the actions complained of were not
10in good faith or were willful and wanton.
11    If the Attorney General declines representation, the
12member has the right to employ counsel of his or her choice,
13whose fees shall be provided by the State, after approval by
14the Attorney General, unless there is a determination by a
15court that the member's actions were not in good faith or were
16willful and wanton.
17    The member must notify the Attorney General within 7 days
18after receipt of notice of the initiation of any action
19involving services of the Disciplinary Board. Failure to so
20notify the Attorney General constitutes an absolute waiver of
21the right to a defense and indemnification.
22    The Attorney General shall determine, within 7 days after
23receiving such notice, whether he or she will undertake to
24represent the member.
25(Source: P.A. 100-453, eff. 8-25-17; 100-605, eff. 1-1-19.)
 

 

 

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1    Section 50. The Compassionate Use of Medical Cannabis Pilot
2Program Act is amended by changing Sections 1, 7, 10, 25, 30,
335, 36, 40, 45, 55, 57, 60, 62, 75, 105, 115, 130, 145, 160,
4195, and 200 and adding Section 173 as follows:
 
5    (410 ILCS 130/1)
6    (Section scheduled to be repealed on July 1, 2020)
7    Sec. 1. Short title. This Act may be cited as the
8Compassionate Use of Medical Cannabis Pilot Program Act.
9(Source: P.A. 98-122, eff. 1-1-14.)
 
10    (410 ILCS 130/7)
11    (Section scheduled to be repealed on July 1, 2020)
12    Sec. 7. Lawful user and lawful products. For the purposes
13of this Act and to clarify the legislative findings on the
14lawful use of cannabis:
15        (1) A cardholder under this Act shall not be considered
16    an unlawful user or addicted to narcotics solely as a
17    result of his or her qualifying patient or designated
18    caregiver status.
19        (2) All medical cannabis products purchased by a
20    qualifying patient at a licensed dispensing organization
21    shall be lawful products and a distinction shall be made
22    between medical and non-medical uses of cannabis as a
23    result of the qualifying patient's cardholder status,
24    provisional registration for qualifying patient cardholder

 

 

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

 

 

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

 

 

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1caregiver who has been issued and possesses a valid registry
2identification card by the Department of Public Health.
3    (d-5) "Certifying health care professional" means a
4physician, an advanced practice registered nurse, or a
5physician assistant.
6    (e) "Cultivation center" means a facility operated by an
7organization or business that is registered by the Department
8of Agriculture to perform necessary activities to provide only
9registered medical cannabis dispensing organizations with
10usable medical cannabis.
11    (f) "Cultivation center agent" means a principal officer,
12board member, employee, or agent of a registered cultivation
13center who is 21 years of age or older and has not been
14convicted of an excluded offense.
15    (g) "Cultivation center agent identification card" means a
16document issued by the Department of Agriculture that
17identifies a person as a cultivation center agent.
18    (h) "Debilitating medical condition" means one or more of
19the following:
20        (1) cancer, glaucoma, positive status for human
21    immunodeficiency virus, acquired immune deficiency
22    syndrome, hepatitis C, amyotrophic lateral sclerosis,
23    Crohn's disease, agitation of Alzheimer's disease,
24    cachexia/wasting syndrome, muscular dystrophy, severe
25    fibromyalgia, spinal cord disease, including but not
26    limited to arachnoiditis, Tarlov cysts, hydromyelia,

 

 

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1    syringomyelia, Rheumatoid arthritis, fibrous dysplasia,
2    spinal cord injury, traumatic brain injury and
3    post-concussion syndrome, Multiple Sclerosis,
4    Arnold-Chiari malformation and Syringomyelia,
5    Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's,
6    Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD
7    (Complex Regional Pain Syndromes Type I), Causalgia, CRPS
8    (Complex Regional Pain Syndromes Type II),
9    Neurofibromatosis, Chronic Inflammatory Demyelinating
10    Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial
11    Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella
12    syndrome, residual limb pain, seizures (including those
13    characteristic of epilepsy), post-traumatic stress
14    disorder (PTSD), autism, chronic pain, irritable bowel
15    syndrome, migraines, osteoarthritis, anorexia nervosa,
16    Ehlers-Danlos Syndrome, Neuro-Behcet's Autoimmune Disease,
17    neuropathy, polycystic kidney disease, superior canal
18    dehiscence syndrome, or the treatment of these conditions;
19        (1.5) terminal illness with a diagnosis of 6 months or
20    less; if the terminal illness is not one of the qualifying
21    debilitating medical conditions, then the certifying
22    health care professional physician shall on the
23    certification form identify the cause of the terminal
24    illness; or
25        (2) any other debilitating medical condition or its
26    treatment that is added by the Department of Public Health

 

 

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1    by rule as provided in Section 45.
2    (i) "Designated caregiver" means a person who: (1) is at
3least 21 years of age; (2) has agreed to assist with a
4patient's medical use of cannabis; (3) has not been convicted
5of an excluded offense; and (4) assists no more than one
6registered qualifying patient with his or her medical use of
7cannabis.
8    (j) "Dispensing organization agent identification card"
9means a document issued by the Department of Financial and
10Professional Regulation that identifies a person as a medical
11cannabis dispensing organization agent.
12    (k) "Enclosed, locked facility" means a room, greenhouse,
13building, or other enclosed area equipped with locks or other
14security devices that permit access only by a cultivation
15center's agents or a dispensing organization's agent working
16for the registered cultivation center or the registered
17dispensing organization to cultivate, store, and distribute
18cannabis for registered qualifying patients.
19    (l) "Excluded offense" for cultivation center agents and
20dispensing organizations means:
21        (1) a violent crime defined in Section 3 of the Rights
22    of Crime Victims and Witnesses Act or a substantially
23    similar offense that was classified as a felony in the
24    jurisdiction where the person was convicted; or
25        (2) a violation of a state or federal controlled
26    substance law, the Cannabis Control Act, or the

 

 

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

 

 

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

 

 

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

 

 

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1    (s-5) "Provisional registration" means a document issued
2by the Department of Public Health to a qualifying patient who
3has submitted: (1) an online application and paid a fee to
4participate in Compassionate Use of Medical Cannabis Pilot
5Program pending approval or denial of the patient's
6application; or (2) a completed application for terminal
7illness.
8    (t) "Qualifying patient" means a person who has been
9diagnosed by a certifying health care professional physician as
10having a debilitating medical condition.
11    (u) "Registered" means licensed, permitted, or otherwise
12certified by the Department of Agriculture, Department of
13Public Health, or Department of Financial and Professional
14Regulation.
15    (v) "Registry identification card" means a document issued
16by the Department of Public Health that identifies a person as
17a registered qualifying patient or registered designated
18caregiver.
19    (w) "Usable cannabis" means the seeds, leaves, buds, and
20flowers of the cannabis plant and any mixture or preparation
21thereof, but does not include the stalks, and roots of the
22plant. It does not include the weight of any non-cannabis
23ingredients combined with cannabis, such as ingredients added
24to prepare a topical administration, food, or drink.
25    (x) "Verification system" means a Web-based system
26established and maintained by the Department of Public Health

 

 

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1that is available to the Department of Agriculture, the
2Department of Financial and Professional Regulation, law
3enforcement personnel, and registered medical cannabis
4dispensing organization agents on a 24-hour basis for the
5verification of registry identification cards, the tracking of
6delivery of medical cannabis to medical cannabis dispensing
7organizations, and the tracking of the date of sale, amount,
8and price of medical cannabis purchased by a registered
9qualifying patient.
10    (y) "Written certification" means a document dated and
11signed by a certifying health care professional physician,
12stating (1) that the qualifying patient has a debilitating
13medical condition and specifying the debilitating medical
14condition the qualifying patient has; and (2) that (A) the
15certifying health care professional physician is treating or
16managing treatment of the patient's debilitating medical
17condition; or (B) an Opioid Alternative Pilot Program
18participant has a medical condition for which opioids have been
19or could be prescribed. A written certification shall be made
20only in the course of a bona fide health care
21professional-patient physician-patient relationship, after the
22certifying health care professional physician has completed an
23assessment of either a qualifying patient's medical history or
24Opioid Alternative Pilot Program participant, reviewed
25relevant records related to the patient's debilitating
26condition, and conducted a physical examination.

 

 

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1    (z) "Bona fide health care professional-patient
2physician-patient relationship" means a relationship
3established at a hospital, certifying health care
4professional's physician's office, or other health care
5facility in which the certifying health care professional
6physician has an ongoing responsibility for the assessment,
7care, and treatment of a patient's debilitating medical
8condition or a symptom of the patient's debilitating medical
9condition.
10    A veteran who has received treatment at a VA hospital shall
11be deemed to have a bona fide health care professional-patient
12physician-patient relationship with a VA certifying health
13care professional physician if the patient has been seen for
14his or her debilitating medical condition at the VA Hospital in
15accordance with VA Hospital protocols.
16    A bona fide health care professional-patient
17physician-patient relationship under this subsection is a
18privileged communication within the meaning of Section 8-802 of
19the Code of Civil Procedure.
20(Source: P.A. 99-519, eff. 6-30-16; 100-1114, eff. 8-28-18.)
 
21    (410 ILCS 130/25)
22    (Section scheduled to be repealed on July 1, 2020)
23    Sec. 25. Immunities and presumptions related to the medical
24use of cannabis.
25    (a) A registered qualifying patient is not subject to

 

 

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1arrest, prosecution, or denial of any right or privilege,
2including but not limited to civil penalty or disciplinary
3action by an occupational or professional licensing board, for
4the medical use of cannabis in accordance with this Act, if the
5registered qualifying patient possesses an amount of cannabis
6that does not exceed an adequate supply as defined in
7subsection (a) of Section 10 of this Act of usable cannabis
8and, where the registered qualifying patient is a licensed
9professional, the use of cannabis does not impair that licensed
10professional when he or she is engaged in the practice of the
11profession for which he or she is licensed.
12    (b) A registered designated caregiver is not subject to
13arrest, prosecution, or denial of any right or privilege,
14including but not limited to civil penalty or disciplinary
15action by an occupational or professional licensing board, for
16acting in accordance with this Act to assist a registered
17qualifying patient to whom he or she is connected through the
18Department's registration process with the medical use of
19cannabis if the designated caregiver possesses an amount of
20cannabis that does not exceed an adequate supply as defined in
21subsection (a) of Section 10 of this Act of usable cannabis.
22The total amount possessed between the qualifying patient and
23caregiver shall not exceed the patient's adequate supply as
24defined in subsection (a) of Section 10 of this Act.
25    (c) A registered qualifying patient or registered
26designated caregiver is not subject to arrest, prosecution, or

 

 

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1denial of any right or privilege, including but not limited to
2civil penalty or disciplinary action by an occupational or
3professional licensing board for possession of cannabis that is
4incidental to medical use, but is not usable cannabis as
5defined in this Act.
6    (d)(1) There is a rebuttable presumption that a registered
7qualifying patient is engaged in, or a designated caregiver is
8assisting with, the medical use of cannabis in accordance with
9this Act if the qualifying patient or designated caregiver:
10        (A) is in possession of a valid registry identification
11    card; and
12        (B) is in possession of an amount of cannabis that does
13    not exceed the amount allowed under subsection (a) of
14    Section 10.
15    (2) The presumption may be rebutted by evidence that
16conduct related to cannabis was not for the purpose of treating
17or alleviating the qualifying patient's debilitating medical
18condition or symptoms associated with the debilitating medical
19condition in compliance with this Act.
20    (e) A certifying health care professional physician is not
21subject to arrest, prosecution, or penalty in any manner, or
22denied any right or privilege, including but not limited to
23civil penalty or disciplinary action by the Medical
24Disciplinary Board or by any other occupational or professional
25licensing board, solely for providing written certifications
26or for otherwise stating that, in the certifying health care

 

 

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1professional's physician's professional opinion, a patient is
2likely to receive therapeutic or palliative benefit from the
3medical use of cannabis to treat or alleviate the patient's
4debilitating medical condition or symptoms associated with the
5debilitating medical condition, provided that nothing shall
6prevent a professional licensing or disciplinary board from
7sanctioning a certifying health care professional physician
8for: (1) issuing a written certification to a patient who is
9not under the certifying health care professional's
10physician's care for a debilitating medical condition; or (2)
11failing to properly evaluate a patient's medical condition or
12otherwise violating the standard of care for evaluating medical
13conditions.
14    (f) No person may be subject to arrest, prosecution, or
15denial of any right or privilege, including but not limited to
16civil penalty or disciplinary action by an occupational or
17professional licensing board, solely for: (1) selling cannabis
18paraphernalia to a cardholder upon presentation of an unexpired
19registry identification card in the recipient's name, if
20employed and registered as a dispensing agent by a registered
21dispensing organization; (2) being in the presence or vicinity
22of the medical use of cannabis as allowed under this Act; or
23(3) assisting a registered qualifying patient with the act of
24administering cannabis.
25    (g) A registered cultivation center is not subject to
26prosecution; search or inspection, except by the Department of

 

 

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1Agriculture, Department of Public Health, or State or local law
2enforcement under Section 130; seizure; or penalty in any
3manner, or be denied any right or privilege, including but not
4limited to civil penalty or disciplinary action by a business
5licensing board or entity, for acting under this Act and
6Department of Agriculture rules to: acquire, possess,
7cultivate, manufacture, deliver, transfer, transport, supply,
8or sell cannabis to registered dispensing organizations.
9    (h) A registered cultivation center agent is not subject to
10prosecution, search, or penalty in any manner, or be denied any
11right or privilege, including but not limited to civil penalty
12or disciplinary action by a business licensing board or entity,
13for working or volunteering for a registered cannabis
14cultivation center under this Act and Department of Agriculture
15rules, including to perform the actions listed under subsection
16(g).
17    (i) A registered dispensing organization is not subject to
18prosecution; search or inspection, except by the Department of
19Financial and Professional Regulation or State or local law
20enforcement pursuant to Section 130; seizure; or penalty in any
21manner, or be denied any right or privilege, including but not
22limited to civil penalty or disciplinary action by a business
23licensing board or entity, for acting under this Act and
24Department of Financial and Professional Regulation rules to:
25acquire, possess, or dispense cannabis, or related supplies,
26and educational materials to registered qualifying patients or

 

 

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1registered designated caregivers on behalf of registered
2qualifying patients.
3    (j) A registered dispensing organization agent is not
4subject to prosecution, search, or penalty in any manner, or be
5denied any right or privilege, including but not limited to
6civil penalty or disciplinary action by a business licensing
7board or entity, for working or volunteering for a dispensing
8organization under this Act and Department of Financial and
9Professional Regulation rules, including to perform the
10actions listed under subsection (i).
11    (k) Any cannabis, cannabis paraphernalia, illegal
12property, or interest in legal property that is possessed,
13owned, or used in connection with the medical use of cannabis
14as allowed under this Act, or acts incidental to that use, may
15not be seized or forfeited. This Act does not prevent the
16seizure or forfeiture of cannabis exceeding the amounts allowed
17under this Act, nor shall it prevent seizure or forfeiture if
18the basis for the action is unrelated to the cannabis that is
19possessed, manufactured, transferred, or used under this Act.
20    (l) Mere possession of, or application for, a registry
21identification card or registration certificate does not
22constitute probable cause or reasonable suspicion, nor shall it
23be used as the sole basis to support the search of the person,
24property, or home of the person possessing or applying for the
25registry identification card. The possession of, or
26application for, a registry identification card does not

 

 

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1preclude the existence of probable cause if probable cause
2exists on other grounds.
3    (m) Nothing in this Act shall preclude local or State law
4enforcement agencies from searching a registered cultivation
5center where there is probable cause to believe that the
6criminal laws of this State have been violated and the search
7is conducted in conformity with the Illinois Constitution, the
8Constitution of the United States, and all State statutes.
9    (n) Nothing in this Act shall preclude local or state law
10enforcement agencies from searching a registered dispensing
11organization where there is probable cause to believe that the
12criminal laws of this State have been violated and the search
13is conducted in conformity with the Illinois Constitution, the
14Constitution of the United States, and all State statutes.
15    (o) No individual employed by the State of Illinois shall
16be subject to criminal or civil penalties for taking any action
17in accordance with the provisions of this Act, when the actions
18are within the scope of his or her employment. Representation
19and indemnification of State employees shall be provided to
20State employees as set forth in Section 2 of the State Employee
21Indemnification Act.
22    (p) No law enforcement or correctional agency, nor any
23individual employed by a law enforcement or correctional
24agency, shall be subject to criminal or civil liability, except
25for willful and wanton misconduct, as a result of taking any
26action within the scope of the official duties of the agency or

 

 

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1individual to prohibit or prevent the possession or use of
2cannabis by a cardholder incarcerated at a correctional
3facility, jail, or municipal lockup facility, on parole or
4mandatory supervised release, or otherwise under the lawful
5jurisdiction of the agency or individual.
6(Source: P.A. 98-122, eff. 1-1-14; 99-96, eff. 7-22-15.)
 
7    (410 ILCS 130/30)
8    (Section scheduled to be repealed on July 1, 2020)
9    Sec. 30. Limitations and penalties.
10    (a) This Act does not permit any person to engage in, and
11does not prevent the imposition of any civil, criminal, or
12other penalties for engaging in, the following conduct:
13        (1) Undertaking any task under the influence of
14    cannabis, when doing so would constitute negligence,
15    professional malpractice, or professional misconduct;
16        (2) Possessing cannabis:
17            (A) except as provided under Section 22-33 of the
18        School Code, in a school bus;
19            (B) except as provided under Section 22-33 of the
20        School Code, on the grounds of any preschool or primary
21        or secondary school;
22            (C) in any correctional facility;
23            (D) in a vehicle under Section 11-502.1 of the
24        Illinois Vehicle Code;
25            (E) in a vehicle not open to the public unless the

 

 

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

 

 

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

 

 

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

 

 

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1requirements.
2    (a) A certifying health care professional physician who
3certifies a debilitating medical condition for a qualifying
4patient shall comply with all of the following requirements:
5        (1) The certifying health care professional Physician
6    shall be currently licensed under the Medical Practice Act
7    of 1987 to practice medicine in all its branches, the Nurse
8    Practice Act, or the Physician Assistant Practice Act of
9    1987, shall be and in good standing, and must hold a
10    controlled substances license under Article III of the
11    Illinois Controlled Substances Act.
12        (2) A certifying health care professional physician
13    certifying a patient's condition shall comply with
14    generally accepted standards of medical practice, the
15    provisions of the Medical Practice Act under which he or
16    she is licensed of 1987 and all applicable rules.
17        (3) The physical examination required by this Act may
18    not be performed by remote means, including telemedicine.
19        (4) The certifying health care professional physician
20    shall maintain a record-keeping system for all patients for
21    whom the certifying health care professional physician has
22    certified the patient's medical condition. These records
23    shall be accessible to and subject to review by the
24    Department of Public Health and the Department of Financial
25    and Professional Regulation upon request.
26    (b) A certifying health care professional physician may

 

 

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1not:
2        (1) (blank); accept, solicit, or offer any form of
3    remuneration from or to a qualifying patient, primary
4    caregiver, cultivation center, or dispensing organization,
5    including each principal officer, board member, agent, and
6    employee, to certify a patient, other than accepting
7    payment from a patient for the fee associated with the
8    required examination;
9        (1.5) engage in any activity that is prohibited under
10    Section 22.2 of the Medical Practice Act of 1987,
11    regardless of whether the certifying health care
12    professional is a physician, advanced practice registered
13    nurse, or physician assistant;
14        (2) offer a discount of any other item of value to a
15    qualifying patient who uses or agrees to use a particular
16    primary caregiver or dispensing organization to obtain
17    medical cannabis;
18        (3) conduct a personal physical examination of a
19    patient for purposes of diagnosing a debilitating medical
20    condition at a location where medical cannabis is sold or
21    distributed or at the address of a principal officer,
22    agent, or employee or a medical cannabis organization;
23        (4) hold a direct or indirect economic interest in a
24    cultivation center or dispensing organization if he or she
25    recommends the use of medical cannabis to qualified
26    patients or is in a partnership or other fee or

 

 

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1    profit-sharing relationship with a certifying health care
2    professional physician who recommends medical cannabis,
3    except for the limited purpose of performing a medical
4    cannabis related research study;
5        (5) serve on the board of directors or as an employee
6    of a cultivation center or dispensing organization;
7        (6) refer patients to a cultivation center, a
8    dispensing organization, or a registered designated
9    caregiver; or
10        (7) advertise in a cultivation center or a dispensing
11    organization.
12    (c) The Department of Public Health may with reasonable
13cause refer a certifying health care professional physician,
14who has certified a debilitating medical condition of a
15patient, to the Illinois Department of Financial and
16Professional Regulation for potential violations of this
17Section.
18    (d) Any violation of this Section or any other provision of
19this Act or rules adopted under this Act is a violation of the
20certifying health care professional's licensure act Medical
21Practice Act of 1987.
22    (e) A certifying health care professional physician who
23certifies a debilitating medical condition for a qualifying
24patient may notify the Department of Public Health in writing:
25(1) if the certifying health care professional physician has
26reason to believe either that the registered qualifying patient

 

 

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1has ceased to suffer from a debilitating medical condition; (2)
2that the bona fide health care professional-patient
3physician-patient relationship has terminated; or (3) that
4continued use of medical cannabis would result in
5contraindication with the patient's other medication. The
6registered qualifying patient's registry identification card
7shall be revoked by the Department of Public Health after
8receiving the certifying health care professional's
9physician's notification.
10    (f) Nothing in this Act shall preclude a certifying health
11care professional from referring a patient for health services,
12including certification, under this Act.
13(Source: P.A. 99-519, eff. 6-30-16; 100-1114, eff. 8-28-18.)
 
14    (410 ILCS 130/36)
15    Sec. 36. Written certification.
16    (a) A certification confirming a patient's debilitating
17medical condition shall be written on a form provided by the
18Department of Public Health and shall include, at a minimum,
19the following:
20        (1) the qualifying patient's name, date of birth, home
21    address, and primary telephone number;
22        (2) the certifying health care professional's
23    physician's name, address, telephone number, email
24    address, and medical, advance practice registered nurse,
25    or physician assistant license number, and the last 4

 

 

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

 

 

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1    (c) Applications for qualifying patients under 18 years old
2shall require a written certification from a certifying health
3care professional physician and a reviewing certifying health
4care professional physician.
5    (d) A certification confirming the patient's eligibility
6to participate in the Opioid Alternative Pilot Program shall be
7written on a form provided by the Department of Public Health
8and shall include, at a minimum, the following:
9        (1) the participant's name, date of birth, home
10    address, and primary telephone number;
11        (2) the certifying health care professional's
12    physician's name, address, telephone number, email
13    address, and medical, advance practice registered nurse,
14    or physician assistant license number, and the last 4
15    digits, only, of his or her active controlled substances
16    license under the Illinois Controlled Substances Act and
17    indication of specialty or primary area of clinical
18    practice, if any;
19        (3) the certifying health care professional's
20    physician's signature and date;
21        (4) the length of participation in the program, which
22    shall be limited to no more than 90 days;
23        (5) a statement identifying the patient has been
24    diagnosed with and is currently undergoing treatment for a
25    medical condition where an opioid has been or could be
26    prescribed; and

 

 

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1        (6) a statement that a participant in possession of a
2    written certification indicating eligibility to
3    participate in the Opioid Alternative Pilot Program shall
4    not be considered an unlawful user or addicted to narcotics
5    solely as a result of his or her eligibility or
6    participation in the program.
7    (e) The Department of Public Health may provide a single
8certification form for subsections (a) and (d) of this Section,
9provided that all requirements of those subsections are
10included on the form.
11    (f) The Department of Public Health shall not include the
12word "cannabis" on any application forms or written
13certification forms that it issues under this Section.
14    (g) A written certification does not constitute a
15prescription.
16    (h) It is unlawful for any person to knowingly submit a
17fraudulent certification to be a qualifying patient in the
18Compassionate Use of Medical Cannabis Pilot Program or an
19Opioid Alternative Pilot Program participant. A violation of
20this subsection shall result in the person who has knowingly
21submitted the fraudulent certification being permanently
22banned from participating in the Compassionate Use of Medical
23Cannabis Pilot Program or the Opioid Alternative Pilot Program.
24(Source: P.A. 100-1114, eff. 8-28-18.)
 
25    (410 ILCS 130/40)

 

 

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1    (Section scheduled to be repealed on July 1, 2020)
2    Sec. 40. Discrimination prohibited.
3    (a)(1) No school, employer, or landlord may refuse to
4enroll or lease to, or otherwise penalize, a person solely for
5his or her status as a registered qualifying patient or a
6registered designated caregiver, unless failing to do so would
7put the school, employer, or landlord in violation of federal
8law or unless failing to do so would cause it to lose a
9monetary or licensing-related benefit under federal law or
10rules. This does not prevent a landlord from prohibiting the
11smoking of cannabis on the premises.
12    (2) For the purposes of medical care, including organ
13transplants, a registered qualifying patient's authorized use
14of cannabis in accordance with this Act is considered the
15equivalent of the authorized use of any other medication used
16at the direction of a certifying health care professional
17physician, and may not constitute the use of an illicit
18substance or otherwise disqualify a qualifying patient from
19needed medical care.
20    (b) A person otherwise entitled to custody of or visitation
21or parenting time with a minor may not be denied that right,
22and there is no presumption of neglect or child endangerment,
23for conduct allowed under this Act, unless the person's actions
24in relation to cannabis were such that they created an
25unreasonable danger to the safety of the minor as established
26by clear and convincing evidence.

 

 

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1    (c) No school, landlord, or employer may be penalized or
2denied any benefit under State law for enrolling, leasing to,
3or employing a cardholder.
4    (d) Nothing in this Act may be construed to require a
5government medical assistance program, employer, property and
6casualty insurer, or private health insurer to reimburse a
7person for costs associated with the medical use of cannabis.
8    (e) Nothing in this Act may be construed to require any
9person or establishment in lawful possession of property to
10allow a guest, client, customer, or visitor who is a registered
11qualifying patient to use cannabis on or in that property.
12(Source: P.A. 98-122, eff. 1-1-14; 99-31, eff. 1-1-16.)
 
13    (410 ILCS 130/45)
14    (Section scheduled to be repealed on July 1, 2020)
15    Sec. 45. Addition of debilitating medical conditions.
16    (a) Any resident may petition the Department of Public
17Health to add debilitating conditions or treatments to the list
18of debilitating medical conditions listed in subsection (h) of
19Section 10. The Department shall approve or deny a petition
20within 180 days of its submission, and, upon approval, shall
21proceed to add that condition by rule in accordance with the
22Illinois Administrative Procedure Act. The approval or denial
23of any petition is a final decision of the Department, subject
24to judicial review. Jurisdiction and venue are vested in the
25Circuit Court.

 

 

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1    (b) The Department shall accept petitions once annually for
2a one-month period determined by the Department. During the
3open period, the Department shall accept petitions from any
4resident requesting the addition of a new debilitating medical
5condition or disease to the list of approved debilitating
6medical conditions for which the use of cannabis has been shown
7to have a therapeutic or palliative effect. The Department
8shall provide public notice 30 days before the open period for
9accepting petitions, which shall describe the time period for
10submission, the required format of the submission, and the
11submission address.
12    (c) Each petition shall be limited to one proposed
13debilitating medical condition or disease.
14    (d) A petitioner shall file one original petition in the
15format provided by the Department and in the manner specified
16by the Department. For a petition to be processed and reviewed,
17the following information shall be included:
18        (1) The petition, prepared on forms provided by the
19    Department, in the manner specified by the Department.
20        (2) A specific description of the medical condition or
21    disease that is the subject of the petition. Each petition
22    shall be limited to a single condition or disease.
23    Information about the proposed condition or disease shall
24    include:
25            (A) the extent to which the condition or disease
26        itself or the treatments cause severe suffering, such

 

 

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1        as severe or chronic pain, severe nausea or vomiting,
2        or otherwise severely impair a person's ability to
3        conduct activities of daily living;
4            (B) information about why conventional medical
5        therapies are not sufficient to alleviate the
6        suffering caused by the disease or condition and its
7        treatment;
8            (C) the proposed benefits from the medical use of
9        cannabis specific to the medical condition or disease;
10            (D) evidence from the medical community and other
11        experts supporting the use of medical cannabis to
12        alleviate suffering caused by the condition, disease,
13        or treatment;
14            (E) letters of support from physicians or other
15        licensed health care providers knowledgeable about the
16        condition or disease, including, if feasible, a letter
17        from a physician, advanced practice registered nurse,
18        or physician assistant with whom the petitioner has a
19        bona fide health care professional-patient
20        physician-patient relationship;
21            (F) any additional medical, testimonial, or
22        scientific documentation; and
23            (G) an electronic copy of all materials submitted.
24        (3) Upon receipt of a petition, the Department shall:
25            (A) determine whether the petition meets the
26        standards for submission and, if so, shall accept the

 

 

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1        petition for further review; or
2            (B) determine whether the petition does not meet
3        the standards for submission and, if so, shall deny the
4        petition without further review.
5        (4) If the petition does not fulfill the standards for
6    submission, the petition shall be considered deficient.
7    The Department shall notify the petitioner, who may correct
8    any deficiencies and resubmit the petition during the next
9    open period.
10    (e) The petitioner may withdraw his or her petition by
11submitting a written statement to the Department indicating
12withdrawal.
13    (f) Upon review of accepted petitions, the Director shall
14render a final decision regarding the acceptance or denial of
15the proposed debilitating medical conditions or diseases.
16    (g) The Department shall convene a Medical Cannabis
17Advisory Board (Advisory Board) composed of 16 members, which
18shall include:
19        (1) one medical cannabis patient advocate or
20    designated caregiver;
21        (2) one parent or designated caregiver of a person
22    under the age of 18 who is a qualified medical cannabis
23    patient;
24        (3) two registered nurses or nurse practitioners;
25        (4) three registered qualifying patients, including
26    one veteran; and

 

 

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1        (5) nine health care practitioners with current
2    professional licensure in their field. The Advisory Board
3    shall be composed of health care practitioners
4    representing the following areas:
5            (A) neurology;
6            (B) pain management;
7            (C) medical oncology;
8            (D) psychiatry or mental health;
9            (E) infectious disease;
10            (F) family medicine;
11            (G) general primary care;
12            (H) medical ethics;
13            (I) pharmacy;
14            (J) pediatrics; or
15            (K) psychiatry or mental health for children or
16        adolescents.
17    At least one appointed health care practitioner shall have
18direct experience related to the health care needs of veterans
19and at least one individual shall have pediatric experience.
20    (h) Members of the Advisory Board shall be appointed by the
21Governor.
22        (1) Members shall serve a term of 4 years or until a
23    successor is appointed and qualified. If a vacancy occurs,
24    the Governor shall appoint a replacement to complete the
25    original term created by the vacancy.
26        (2) The Governor shall select a chairperson.

 

 

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1        (3) Members may serve multiple terms.
2        (4) Members shall not have an affiliation with, serve
3    on the board of, or have a business relationship with a
4    registered cultivation center or a registered medical
5    cannabis dispensary.
6        (5) Members shall disclose any real or apparent
7    conflicts of interest that may have a direct bearing of the
8    subject matter, such as relationships with pharmaceutical
9    companies, biomedical device manufacturers, or
10    corporations whose products or services are related to the
11    medical condition or disease to be reviewed.
12        (6) Members shall not be paid but shall be reimbursed
13    for travel expenses incurred while fulfilling the
14    responsibilities of the Advisory Board.
15    (i) On June 30, 2016 (the effective date of Public Act
1699-519), the terms of office of the members of the Advisory
17Board serving on that date shall terminate and the Board shall
18be reconstituted.
19    (j) The Advisory Board shall convene at the call of the
20Chair:
21        (1) to examine debilitating conditions or diseases
22    that would benefit from the medical use of cannabis; and
23        (2) to review new medical and scientific evidence
24    pertaining to currently approved conditions.
25    (k) The Advisory Board shall issue an annual report of its
26activities each year.

 

 

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1    (l) The Advisory Board shall receive administrative
2support from the Department.
3(Source: P.A. 99-519, eff. 6-30-16; 99-642, eff. 7-28-16;
4100-201, eff. 8-18-17.)
 
5    (410 ILCS 130/55)
6    (Section scheduled to be repealed on July 1, 2020)
7    Sec. 55. Registration of qualifying patients and
8designated caregivers.
9    (a) The Department of Public Health shall issue registry
10identification cards to qualifying patients and designated
11caregivers who submit a completed application, and at minimum,
12the following, in accordance with Department of Public Health
13rules:
14        (1) A written certification, on a form developed by the
15    Department of Public Health consistent with Section 36 and
16    issued by a certifying health care professional physician,
17    within 90 days immediately preceding the date of an
18    application and submitted by the qualifying patient or his
19    or her designated caregiver;
20        (2) upon the execution of applicable privacy waivers,
21    the patient's medical documentation related to his or her
22    debilitating condition and any other information that may
23    be reasonably required by the Department of Public Health
24    to confirm that the certifying health care professional
25    physician and patient have a bona fide health care

 

 

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1    professional-patient physician-patient relationship, that
2    the qualifying patient is in the certifying health care
3    professional's physician's care for his or her
4    debilitating medical condition, and to substantiate the
5    patient's diagnosis;
6        (3) the application or renewal fee as set by rule;
7        (4) the name, address, date of birth, and social
8    security number of the qualifying patient, except that if
9    the applicant is homeless no address is required;
10        (5) the name, address, and telephone number of the
11    qualifying patient's certifying health care professional
12    physician;
13        (6) the name, address, and date of birth of the
14    designated caregiver, if any, chosen by the qualifying
15    patient;
16        (7) the name of the registered medical cannabis
17    dispensing organization the qualifying patient designates;
18        (8) signed statements from the patient and designated
19    caregiver asserting that they will not divert medical
20    cannabis; and
21        (9) (blank).
22    (b) Notwithstanding any other provision of this Act, a
23person provided a written certification for a debilitating
24medical condition who has submitted a completed online
25application to the Department of Public Health shall receive a
26provisional registration and be entitled to purchase medical

 

 

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1cannabis from a specified licensed dispensing organization for
2a period of 90 days or until his or her application has been
3denied or he or she receives a registry identification card,
4whichever is earlier. However, a person may obtain an
5additional provisional registration after the expiration of 90
6days after the date of application if the Department of Public
7Health does not provide the individual with a registry
8identification card or deny the individual's application
9within those 90 days.
10    The provisional registration may not be extended if the
11individual does not respond to the Department of Public
12Health's request for additional information or corrections to
13required application documentation.
14    In order for a person to receive medical cannabis under
15this subsection, a person must present his or her provisional
16registration along with a valid driver's license or State
17identification card to the licensed dispensing organization
18specified in his or her application. The dispensing
19organization shall verify the person's provisional
20registration through the Department of Public Health's online
21verification system.
22    Upon verification of the provided documents, the
23dispensing organization shall dispense no more than 2.5 ounces
24of medical cannabis during a 14-day period to the person for a
25period of 90 days, until his or her application has been
26denied, or until he or she receives a registry identification

 

 

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1card from the Department of Public Health, whichever is
2earlier.
3    Persons with provisional registrations must keep their
4provisional registration in his or her possession at all times
5when transporting or engaging in the medical use of cannabis.
6    (c) No person or business shall charge a fee for assistance
7in the preparation, compilation, or submission of an
8application to the Compassionate Use of Medical Cannabis Pilot
9Program or the Opioid Alternative Pilot Program. A violation of
10this subsection is a Class C misdemeanor, for which restitution
11to the applicant and a fine of up to $1,500 may be imposed. All
12fines shall be deposited into the Compassionate Use of Medical
13Cannabis Fund after restitution has been made to the applicant.
14The Department of Public Health shall refer individuals making
15complaints against a person or business under this Section to
16the Illinois State Police, who shall enforce violations of this
17provision. All application forms issued by the Department shall
18state that no person or business may charge a fee for
19assistance in the preparation, compilation, or submission of an
20application to the Compassionate Use of Medical Cannabis Pilot
21Program or the Opioid Alternative Pilot Program.
22(Source: P.A. 100-1114, eff. 8-28-18.)
 
23    (410 ILCS 130/57)
24    (Section scheduled to be repealed on July 1, 2020)
25    Sec. 57. Qualifying patients under 18.

 

 

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1    (a) Qualifying patients that are under the age of 18 years
2shall not be prohibited from appointing up to 3 having 2
3designated caregivers as follows: if both biological parents or
42 legal guardians of a qualifying patient under 18 both have
5significant decision-making responsibilities over the
6qualifying patient, then both may serve as a designated
7caregiver if they otherwise meet the definition of "designated
8caregiver" under Section 10; however, if only one biological
9parent or legal guardian has significant decision-making
10responsibilities for the qualifying patient under 18, then he
11or she may appoint a second designated caregivers caregiver who
12meet meets the definition of "designated caregiver" under
13Section 10 so long as at least one designated caregiver is a
14biological parent or legal guardian.
15    (b) Qualifying patients that are 18 years of age or older
16shall not be prohibited from appointing up to 3 designated
17caregivers who meet the definition of "designated caregiver"
18under Section 10.
19(Source: P.A. 99-519, eff. 6-30-16.)
 
20    (410 ILCS 130/60)
21    (Section scheduled to be repealed on July 1, 2020)
22    Sec. 60. Issuance of registry identification cards.
23    (a) Except as provided in subsection (b), the Department of
24Public Health shall:
25        (1) verify the information contained in an application

 

 

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1    or renewal for a registry identification card submitted
2    under this Act, and approve or deny an application or
3    renewal, within 90 days of receiving a completed
4    application or renewal application and all supporting
5    documentation specified in Section 55;
6        (2) issue registry identification cards to a
7    qualifying patient and his or her designated caregiver, if
8    any, within 15 business days of approving the application
9    or renewal;
10        (3) enter the registry identification number of the
11    registered dispensing organization the patient designates
12    into the verification system; and
13        (4) allow for an electronic application process, and
14    provide a confirmation by electronic or other methods that
15    an application has been submitted.
16    Notwithstanding any other provision of this Act, the
17Department of Public Health shall adopt rules for qualifying
18patients and applicants with life-long debilitating medical
19conditions, who may be charged annual renewal fees. The
20Department of Public Health shall not require patients and
21applicants with life-long debilitating medical conditions to
22apply to renew registry identification cards.
23    (b) The Department of Public Health may not issue a
24registry identification card to a qualifying patient who is
25under 18 years of age, unless that patient suffers from
26seizures, including those characteristic of epilepsy, or as

 

 

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1provided by administrative rule. The Department of Public
2Health shall adopt rules for the issuance of a registry
3identification card for qualifying patients who are under 18
4years of age and suffering from seizures, including those
5characteristic of epilepsy. The Department of Public Health may
6adopt rules to allow other individuals under 18 years of age to
7become registered qualifying patients under this Act with the
8consent of a parent or legal guardian. Registered qualifying
9patients under 18 years of age shall be prohibited from
10consuming forms of cannabis other than medical cannabis infused
11products and purchasing any usable cannabis.
12    (c) A veteran who has received treatment at a VA hospital
13is deemed to have a bona fide health care professional-patient
14physician-patient relationship with a VA certifying health
15care professional physician if the patient has been seen for
16his or her debilitating medical condition at the VA hospital in
17accordance with VA hospital protocols. All reasonable
18inferences regarding the existence of a bona fide health care
19professional-patient physician-patient relationship shall be
20drawn in favor of an applicant who is a veteran and has
21undergone treatment at a VA hospital.
22    (c-10) An individual who submits an application as someone
23who is terminally ill shall have all fees waived. The
24Department of Public Health shall within 30 days after this
25amendatory Act of the 99th General Assembly adopt emergency
26rules to expedite approval for terminally ill individuals.

 

 

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1These rules shall include, but not be limited to, rules that
2provide that applications by individuals with terminal
3illnesses shall be approved or denied within 14 days of their
4submission.
5    (d) Upon the approval of the registration and issuance of a
6registry card under this Section, the Department of Public
7Health shall forward the designated caregiver or registered
8qualified patient's driver's registration number to the
9Secretary of State and certify that the individual is permitted
10to engage in the medical use of cannabis. For the purposes of
11law enforcement, the Secretary of State shall make a notation
12on the person's driving record stating the person is a
13registered qualifying patient who is entitled to the lawful
14medical use of cannabis. If the person no longer holds a valid
15registry card, the Department shall notify the Secretary of
16State and the Secretary of State shall remove the notation from
17the person's driving record. The Department and the Secretary
18of State may establish a system by which the information may be
19shared electronically.
20    (e) Upon the approval of the registration and issuance of a
21registry card under this Section, the Department of Public
22Health shall electronically forward the registered qualifying
23patient's identification card information to the Prescription
24Monitoring Program established under the Illinois Controlled
25Substances Act and certify that the individual is permitted to
26engage in the medical use of cannabis. For the purposes of

 

 

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1patient care, the Prescription Monitoring Program shall make a
2notation on the person's prescription record stating that the
3person is a registered qualifying patient who is entitled to
4the lawful medical use of cannabis. If the person no longer
5holds a valid registry card, the Department of Public Health
6shall notify the Prescription Monitoring Program and
7Department of Human Services to remove the notation from the
8person's record. The Department of Human Services and the
9Prescription Monitoring Program shall establish a system by
10which the information may be shared electronically. This
11confidential list may not be combined or linked in any manner
12with any other list or database except as provided in this
13Section.
14    (f) (Blank).
15(Source: P.A. 99-519, eff. 6-30-16; 100-1114, eff. 8-28-18.)
 
16    (410 ILCS 130/62)
17    Sec. 62. Opioid Alternative Pilot Program.
18    (a) The Department of Public Health shall establish the
19Opioid Alternative Pilot Program. Licensed dispensing
20organizations shall allow persons with a written certification
21from a certifying health care professional licensed physician
22under Section 36 to purchase medical cannabis upon enrollment
23in the Opioid Alternative Pilot Program. The Department of
24Public Health shall adopt rules or establish procedures
25allowing qualified veterans to participate in the Opioid

 

 

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1Alternative Pilot Program. For a person to receive medical
2cannabis under this Section, the person must present the
3written certification along with a valid driver's license or
4state identification card to the licensed dispensing
5organization specified in his or her application. The
6dispensing organization shall verify the person's status as an
7Opioid Alternative Pilot Program participant through the
8Department of Public Health's online verification system.
9    (b) The Opioid Alternative Pilot Program shall be limited
10to participation by Illinois residents age 21 and older.
11    (c) The Department of Financial and Professional
12Regulation shall specify that all licensed dispensing
13organizations participating in the Opioid Alternative Pilot
14Program use the Illinois Cannabis Tracking System. The
15Department of Public Health shall establish and maintain the
16Illinois Cannabis Tracking System. The Illinois Cannabis
17Tracking System shall be used to collect information about all
18persons participating in the Opioid Alternative Pilot Program
19and shall be used to track the sale of medical cannabis for
20verification purposes.
21    Each dispensing organization shall retain a copy of the
22Opioid Alternative Pilot Program certification and other
23identifying information as required by the Department of
24Financial and Professional Regulation, the Department of
25Public Health, and the Illinois State Police in the Illinois
26Cannabis Tracking System.

 

 

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1    The Illinois Cannabis Tracking System shall be accessible
2to the Department of Financial and Professional Regulation,
3Department of Public Health, Department of Agriculture, and the
4Illinois State Police.
5    The Department of Financial and Professional Regulation in
6collaboration with the Department of Public Health shall
7specify the data requirements for the Opioid Alternative Pilot
8Program by licensed dispensing organizations; including, but
9not limited to, the participant's full legal name, address, and
10date of birth, date on which the Opioid Alternative Pilot
11Program certification was issued, length of the participation
12in the Program, including the start and end date to purchase
13medical cannabis, name of the issuing physician, copy of the
14participant's current driver's license or State identification
15card, and phone number.
16    The Illinois Cannabis Tracking System shall provide
17verification of a person's participation in the Opioid
18Alternative Pilot Program for law enforcement at any time and
19on any day.
20    (d) The certification for Opioid Alternative Pilot Program
21participant must be issued by a certifying health care
22professional who is physician licensed to practice in Illinois
23under the Medical Practice Act of 1987, the Nurse Practice Act,
24or the Physician Assistant Practice Act of 1987 and who is in
25good standing and who holds a controlled substances license
26under Article III of the Illinois Controlled Substances Act.

 

 

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1    The certification for an Opioid Alternative Pilot Program
2participant shall be written within 90 days before the
3participant submits his or her certification to the dispensing
4organization.
5    The written certification uploaded to the Illinois
6Cannabis Tracking System shall be accessible to the Department
7of Public Health.
8    (e) Upon verification of the individual's valid
9certification and enrollment in the Illinois Cannabis Tracking
10System, the dispensing organization may dispense the medical
11cannabis, in amounts not exceeding 2.5 ounces of medical
12cannabis per 14-day period to the participant at the
13participant's specified dispensary for no more than 90 days.
14    An Opioid Alternative Pilot Program participant shall not
15be registered as a medical cannabis cardholder. The dispensing
16organization shall verify that the person is not an active
17registered qualifying patient prior to enrollment in the Opioid
18Alternative Pilot Program and each time medical cannabis is
19dispensed.
20    Upon receipt of a written certification under the Opioid
21Alternative Pilot Program, the Department of Public Health
22shall electronically forward the patient's identification
23information to the Prescription Monitoring Program established
24under the Illinois Controlled Substances Act and certify that
25the individual is permitted to engage in the medical use of
26cannabis. For the purposes of patient care, the Prescription

 

 

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1Monitoring Program shall make a notation on the person's
2prescription record stating that the person has a written
3certification under the Opioid Alternative Pilot Program and is
4a patient who is entitled to the lawful medical use of
5cannabis. If the person is no longer authorized to engage in
6the medical use of cannabis, the Department of Public Health
7shall notify the Prescription Monitoring Program and
8Department of Human Services to remove the notation from the
9person's record. The Department of Human Services and the
10Prescription Monitoring Program shall establish a system by
11which the information may be shared electronically. This
12confidential list may not be combined or linked in any manner
13with any other list or database except as provided in this
14Section.
15    (f) An Opioid Alternative Pilot Program participant shall
16not be considered a qualifying patient with a debilitating
17medical condition under this Act and shall be provided access
18to medical cannabis solely for the duration of the
19participant's certification. Nothing in this Section shall be
20construed to limit or prohibit an Opioid Alternative Pilot
21Program participant who has a debilitating medical condition
22from applying to the Compassionate Use of Medical Cannabis
23Pilot Program.
24    (g) A person with a provisional registration under Section
2555 shall not be considered an Opioid Alternative Pilot Program
26participant.

 

 

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1    (h) The Department of Financial and Professional
2Regulation and the Department of Public Health shall submit
3emergency rulemaking to implement the changes made by this
4amendatory Act of the 100th General Assembly by December 1,
52018. The Department of Financial and Professional Regulation,
6the Department of Agriculture, the Department of Human
7Services, the Department of Public Health, and the Illinois
8State Police shall utilize emergency purchase authority for 12
9months after the effective date of this amendatory Act of the
10100th General Assembly for the purpose of implementing the
11changes made by this amendatory Act of the 100th General
12Assembly.
13    (i) Dispensing organizations are not authorized to
14dispense medical cannabis to Opioid Alternative Pilot Program
15participants until administrative rules are approved by the
16Joint Committee on Administrative Rules and go into effect.
17    (j) The provisions of this Section are inoperative on and
18after July 1, 2020.
19(Source: P.A. 100-1114, eff. 8-28-18.)
 
20    (410 ILCS 130/75)
21    (Section scheduled to be repealed on July 1, 2020)
22    Sec. 75. Notifications to Department of Public Health and
23responses; civil penalty.
24    (a) The following notifications and Department of Public
25Health responses are required:

 

 

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1        (1) A registered qualifying patient shall notify the
2    Department of Public Health of any change in his or her
3    name or address, or if the registered qualifying patient
4    ceases to have his or her debilitating medical condition,
5    within 10 days of the change.
6        (2) A registered designated caregiver shall notify the
7    Department of Public Health of any change in his or her
8    name or address, or if the designated caregiver becomes
9    aware the registered qualifying patient passed away,
10    within 10 days of the change.
11        (3) Before a registered qualifying patient changes his
12    or her designated caregiver, the qualifying patient must
13    notify the Department of Public Health.
14        (4) If a cardholder loses his or her registry
15    identification card, he or she shall notify the Department
16    within 10 days of becoming aware the card has been lost.
17    (b) When a cardholder notifies the Department of Public
18Health of items listed in subsection (a), but remains eligible
19under this Act, the Department of Public Health shall issue the
20cardholder a new registry identification card with a new random
21alphanumeric identification number within 15 business days of
22receiving the updated information and a fee as specified in
23Department of Public Health rules. If the person notifying the
24Department of Public Health is a registered qualifying patient,
25the Department shall also issue his or her registered
26designated caregiver, if any, a new registry identification

 

 

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1card within 15 business days of receiving the updated
2information.
3    (c) If a registered qualifying patient ceases to be a
4registered qualifying patient or changes his or her registered
5designated caregiver, the Department of Public Health shall
6promptly notify the designated caregiver. The registered
7designated caregiver's protections under this Act as to that
8qualifying patient shall expire 15 days after notification by
9the Department.
10    (d) A cardholder who fails to make a notification to the
11Department of Public Health that is required by this Section is
12subject to a civil infraction, punishable by a penalty of no
13more than $150.
14    (e) A registered qualifying patient shall notify the
15Department of Public Health of any change to his or her
16designated registered dispensing organization. The Department
17of Public Health shall provide for immediate changes of a
18registered qualifying patient's designated registered
19dispensing organization. Registered dispensing organizations
20must comply with all requirements of this Act.
21    (f) If the registered qualifying patient's certifying
22certifying health care professional physician notifies the
23Department in writing that either the registered qualifying
24patient has ceased to suffer from a debilitating medical
25condition, that the bona fide health care professional-patient
26physician-patient relationship has terminated, or that

 

 

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1continued use of medical cannabis would result in
2contraindication with the patient's other medication, the card
3shall become null and void. However, the registered qualifying
4patient shall have 15 days to destroy his or her remaining
5medical cannabis and related paraphernalia.
6(Source: P.A. 99-519, eff. 6-30-16; 100-1114, eff. 8-28-18.)
 
7    (410 ILCS 130/105)
8    (Section scheduled to be repealed on July 1, 2020)
9    Sec. 105. Requirements; prohibitions; penalties for
10cultivation centers.
11    (a) The operating documents of a registered cultivation
12center shall include procedures for the oversight of the
13cultivation center, a cannabis plant monitoring system
14including a physical inventory recorded weekly, a cannabis
15container system including a physical inventory recorded
16weekly, accurate record keeping, and a staffing plan.
17    (b) A registered cultivation center shall implement a
18security plan reviewed by the State Police and including but
19not limited to: facility access controls, perimeter intrusion
20detection systems, personnel identification systems, 24-hour
21surveillance system to monitor the interior and exterior of the
22registered cultivation center facility and accessible to
23authorized law enforcement and the Department of Agriculture in
24real-time.
25    (c) A registered cultivation center may not be located

 

 

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1within 2,500 feet of the property line of a pre-existing public
2or private preschool or elementary or secondary school or day
3care center, day care home, group day care home, part day child
4care facility, or an area zoned for residential use.
5    (d) All cultivation of cannabis for distribution to a
6registered dispensing organization must take place in an
7enclosed, locked facility as it applies to cultivation centers
8at the physical address provided to the Department of
9Agriculture during the registration process. The cultivation
10center location shall only be accessed by the cultivation
11center agents working for the registered cultivation center,
12Department of Agriculture staff performing inspections,
13Department of Public Health staff performing inspections, law
14enforcement or other emergency personnel, and contractors
15working on jobs unrelated to medical cannabis, such as
16installing or maintaining security devices or performing
17electrical wiring.
18    (e) A cultivation center may not sell or distribute any
19cannabis to any individual or entity other than another
20cultivation center, a dispensing organization registered under
21this Act, or a laboratory licensed by the Department of
22Agriculture a dispensary organization registered under this
23Act.
24    (f) All harvested cannabis intended for distribution to a
25dispensing organization must be packaged in a labeled medical
26cannabis container and entered into a data collection system.

 

 

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1    (g) No person who has been convicted of an excluded offense
2may be a cultivation center agent.
3    (h) Registered cultivation centers are subject to random
4inspection by the State Police.
5    (i) Registered cultivation centers are subject to random
6inspections by the Department of Agriculture and the Department
7of Public Health.
8    (j) A cultivation center agent shall notify local law
9enforcement, the State Police, and the Department of
10Agriculture within 24 hours of the discovery of any loss or
11theft. Notification shall be made by phone or in-person, or by
12written or electronic communication.
13    (k) A cultivation center shall comply with all State and
14federal rules and regulations regarding the use of pesticides.
15(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
 
16    (410 ILCS 130/115)
17    (Section scheduled to be repealed on July 1, 2020)
18    Sec. 115. Registration of dispensing organizations.
19    (a) The Department of Financial and Professional
20Regulation may issue up to 60 dispensing organization
21registrations for operation. The Department of Financial and
22Professional Regulation may not issue less than the 60
23registrations if there are qualified applicants who have
24applied with the Department of Financial and Professional
25Regulation. The organizations shall be geographically

 

 

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1dispersed throughout the State to allow all registered
2qualifying patients reasonable proximity and access to a
3dispensing organization.
4    (b) A dispensing organization may only operate if it has
5been issued a registration from the Department of Financial and
6Professional Regulation. The Department of Financial and
7Professional Regulation shall adopt rules establishing the
8procedures for applicants for dispensing organizations.
9    (c) When applying for a dispensing organization
10registration, the applicant shall submit, at a minimum, the
11following in accordance with Department of Financial and
12Professional Regulation rules:
13        (1) a non-refundable application fee established by
14    rule;
15        (2) the proposed legal name of the dispensing
16    organization;
17        (3) the proposed physical address of the dispensing
18    organization;
19        (4) the name, address, and date of birth of each
20    principal officer and board member of the dispensing
21    organization, provided that all those individuals shall be
22    at least 21 years of age;
23        (5) information, in writing, regarding any instances
24    in which a business or not-for-profit that any of the
25    prospective board members managed or served on the board
26    was convicted, fined, censured, or had a registration

 

 

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1    suspended or revoked in any administrative or judicial
2    proceeding;
3        (6) proposed operating by-laws that include procedures
4    for the oversight of the medical cannabis dispensing
5    organization and procedures to ensure accurate record
6    keeping and security measures that are in accordance with
7    the rules applied by the Department of Financial and
8    Professional Regulation under this Act. The by-laws shall
9    include a description of the enclosed, locked facility
10    where medical cannabis will be stored by the dispensing
11    organization; and
12        (7) signed statements from each dispensing
13    organization agent stating that they will not divert
14    medical cannabis.
15    (d) The Department of Financial and Professional
16Regulation shall conduct a background check of the prospective
17dispensing organization agents in order to carry out this
18Section. The Department of State Police shall charge a fee for
19conducting the criminal history record check, which shall be
20deposited in the State Police Services Fund and shall not
21exceed the actual cost of the record check. Each person
22applying as a dispensing organization agent shall submit a full
23set of fingerprints to the Department of State Police for the
24purpose of obtaining a State and federal criminal records
25check. These fingerprints shall be checked against the
26fingerprint records now and hereafter, to the extent allowed by

 

 

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1law, filed in the Department of State Police and Federal Bureau
2of Investigation criminal history records databases. The
3Department of State Police shall furnish, following positive
4identification, all Illinois conviction information to the
5Department of Financial and Professional Regulation.
6    (e) A dispensing organization must pay a registration fee
7set by the Department of Financial and Professional Regulation.
8    (f) An application for a medical cannabis dispensing
9organization registration must be denied if any of the
10following conditions are met:
11        (1) the applicant failed to submit the materials
12    required by this Section, including if the applicant's
13    plans do not satisfy the security, oversight, or
14    recordkeeping rules issued by the Department of Financial
15    and Professional Regulation;
16        (2) the applicant would not be in compliance with local
17    zoning rules issued in accordance with Section 140;
18        (3) the applicant does not meet the requirements of
19    Section 130;
20        (4) one or more of the prospective principal officers
21    or board members has been convicted of an excluded offense;
22        (5) one or more of the prospective principal officers
23    or board members has served as a principal officer or board
24    member for a registered medical cannabis dispensing
25    organization that has had its registration revoked; and
26        (6) one or more of the principal officers or board

 

 

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1    members is under 21 years of age. ; and
2        (7) one or more of the principal officers or board
3    members is a registered qualified patient or a registered
4    caregiver.
5(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
 
6    (410 ILCS 130/130)
7    (Section scheduled to be repealed on July 1, 2020)
8    Sec. 130. Requirements; prohibitions; penalties;
9dispensing organizations.
10    (a) The Department of Financial and Professional
11Regulation shall implement the provisions of this Section by
12rule.
13    (b) A dispensing organization shall maintain operating
14documents which shall include procedures for the oversight of
15the registered dispensing organization and procedures to
16ensure accurate recordkeeping.
17    (c) A dispensing organization shall implement appropriate
18security measures, as provided by rule, to deter and prevent
19the theft of cannabis and unauthorized entrance into areas
20containing cannabis.
21    (d) A dispensing organization may not be located within
221,000 feet of the property line of a pre-existing public or
23private preschool or elementary or secondary school or day care
24center, day care home, group day care home, or part day child
25care facility. A registered dispensing organization may not be

 

 

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1located in a house, apartment, condominium, or an area zoned
2for residential use.
3    (e) A dispensing organization is prohibited from acquiring
4cannabis from anyone other than a registered cultivation
5center. A dispensing organization is prohibited from obtaining
6cannabis from outside the State of Illinois.
7    (f) A registered dispensing organization is prohibited
8from dispensing cannabis for any purpose except to assist
9registered qualifying patients with the medical use of cannabis
10directly or through the qualifying patients' designated
11caregivers.
12    (g) The area in a dispensing organization where medical
13cannabis is stored can only be accessed by dispensing
14organization agents working for the dispensing organization,
15Department of Financial and Professional Regulation staff
16performing inspections, law enforcement or other emergency
17personnel, and contractors working on jobs unrelated to medical
18cannabis, such as installing or maintaining security devices or
19performing electrical wiring.
20    (h) A dispensing organization may not dispense more than
212.5 ounces of cannabis to a registered qualifying patient,
22directly or via a designated caregiver, in any 14-day period
23unless the qualifying patient has a Department of Public
24Health-approved quantity waiver. Any Department of Public
25Health-approved quantity waiver process must be made available
26to qualified veterans.

 

 

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1    (i) Except as provided in subsection (i-5), before medical
2cannabis may be dispensed to a designated caregiver or a
3registered qualifying patient, a dispensing organization agent
4must determine that the individual is a current cardholder in
5the verification system and must verify each of the following:
6        (1) that the registry identification card presented to
7    the registered dispensing organization is valid;
8        (2) that the person presenting the card is the person
9    identified on the registry identification card presented
10    to the dispensing organization agent;
11        (3) that the dispensing organization is the designated
12    dispensing organization for the registered qualifying
13    patient who is obtaining the cannabis directly or via his
14    or her designated caregiver; and
15        (4) that the registered qualifying patient has not
16    exceeded his or her adequate supply.
17    (i-5) A dispensing organization may dispense medical
18cannabis to an Opioid Alternative Pilot Program participant
19under Section 62 and to a person presenting proof of
20provisional registration under Section 55. Before dispensing
21medical cannabis, the dispensing organization shall comply
22with the requirements of Section 62 or Section 55, whichever is
23applicable, and verify the following:
24        (1) that the written certification presented to the
25    registered dispensing organization is valid and an
26    original document;

 

 

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1        (2) that the person presenting the written
2    certification is the person identified on the written
3    certification; and
4        (3) that the participant has not exceeded his or her
5    adequate supply.
6    (j) Dispensing organizations shall ensure compliance with
7this limitation by maintaining internal, confidential records
8that include records specifying how much medical cannabis is
9dispensed to the registered qualifying patient and whether it
10was dispensed directly to the registered qualifying patient or
11to the designated caregiver. Each entry must include the date
12and time the cannabis was dispensed. Additional recordkeeping
13requirements may be set by rule.
14    (k) The health care professional-patient physician-patient
15privilege as set forth by Section 8-802 of the Code of Civil
16Procedure shall apply between a qualifying patient and a
17registered dispensing organization and its agents with respect
18to communications and records concerning qualifying patients'
19debilitating conditions.
20    (l) A dispensing organization may not permit any person to
21consume cannabis on the property of a medical cannabis
22organization.
23    (m) A dispensing organization may not share office space
24with or refer patients to a certifying health care professional
25physician.
26    (n) Notwithstanding any other criminal penalties related

 

 

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1to the unlawful possession of cannabis, the Department of
2Financial and Professional Regulation may revoke, suspend,
3place on probation, reprimand, refuse to issue or renew, or
4take any other disciplinary or non-disciplinary action as the
5Department of Financial and Professional Regulation may deem
6proper with regard to the registration of any person issued
7under this Act to operate a dispensing organization or act as a
8dispensing organization agent, including imposing fines not to
9exceed $10,000 for each violation, for any violations of this
10Act and rules adopted in accordance with this Act. The
11procedures for disciplining a registered dispensing
12organization shall be determined by rule. All final
13administrative decisions of the Department of Financial and
14Professional Regulation are subject to judicial review under
15the Administrative Review Law and its rules. The term
16"administrative decision" is defined as in Section 3-101 of the
17Code of Civil Procedure.
18    (o) Dispensing organizations are subject to random
19inspection and cannabis testing by the Department of Financial
20and Professional Regulation and State Police as provided by
21rule.
22    (p) The Department of Financial and Professional
23Regulation shall adopt rules permitting returns, and potential
24refunds, for damaged or inadequate products.
25(Source: P.A. 100-1114, eff. 8-28-18.)
 

 

 

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1    (410 ILCS 130/145)
2    (Section scheduled to be repealed on July 1, 2020)
3    Sec. 145. Confidentiality.
4    (a) The following information received and records kept by
5the Department of Public Health, Department of Financial and
6Professional Regulation, Department of Agriculture, or
7Department of State Police for purposes of administering this
8Act are subject to all applicable federal privacy laws,
9confidential, and exempt from the Freedom of Information Act,
10and not subject to disclosure to any individual or public or
11private entity, except as necessary for authorized employees of
12those authorized agencies to perform official duties under this
13Act and the following information received and records kept by
14Department of Public Health, Department of Agriculture,
15Department of Financial and Professional Regulation, and
16Department of State Police, excluding any existing or
17non-existing Illinois or national criminal history record
18information as defined in subsection (d), may be disclosed to
19each other upon request:
20        (1) Applications and renewals, their contents, and
21    supporting information submitted by qualifying patients
22    and designated caregivers, including information regarding
23    their designated caregivers and certifying health care
24    professionals physicians.
25        (2) Applications and renewals, their contents, and
26    supporting information submitted by or on behalf of

 

 

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1    cultivation centers and dispensing organizations in
2    compliance with this Act, including their physical
3    addresses.
4        (3) The individual names and other information
5    identifying persons to whom the Department of Public Health
6    has issued registry identification cards.
7        (4) Any dispensing information required to be kept
8    under Section 135, Section 150, or Department of Public
9    Health, Department of Agriculture, or Department of
10    Financial and Professional Regulation rules shall identify
11    cardholders and registered cultivation centers by their
12    registry identification numbers and medical cannabis
13    dispensing organizations by their registration number and
14    not contain names or other personally identifying
15    information.
16        (5) All medical records provided to the Department of
17    Public Health in connection with an application for a
18    registry card.
19    (b) Nothing in this Section precludes the following:
20        (1) Department of Agriculture, Department of Financial
21    and Professional Regulation, or Public Health employees
22    may notify law enforcement about falsified or fraudulent
23    information submitted to the Departments if the employee
24    who suspects that falsified or fraudulent information has
25    been submitted conferred with his or her supervisor and
26    both agree that circumstances exist that warrant

 

 

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1    reporting.
2        (2) If the employee conferred with his or her
3    supervisor and both agree that circumstances exist that
4    warrant reporting, Department of Public Health employees
5    may notify the Department of Financial and Professional
6    Regulation if there is reasonable cause to believe a
7    certifying health care professional physician:
8            (A) issued a written certification without a bona
9        fide health care professional-patient
10        physician-patient relationship under this Act;
11            (B) issued a written certification to a person who
12        was not under the certifying health care
13        professional's physician's care for the debilitating
14        medical condition; or
15            (C) failed to abide by the acceptable and
16        prevailing standard of care when evaluating a
17        patient's medical condition.
18        (3) The Department of Public Health, Department of
19    Agriculture, and Department of Financial and Professional
20    Regulation may notify State or local law enforcement about
21    apparent criminal violations of this Act if the employee
22    who suspects the offense has conferred with his or her
23    supervisor and both agree that circumstances exist that
24    warrant reporting.
25        (4) Medical cannabis cultivation center agents and
26    medical cannabis dispensing organizations may notify the

 

 

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1    Department of Public Health, Department of Financial and
2    Professional Regulation, or Department of Agriculture of a
3    suspected violation or attempted violation of this Act or
4    the rules issued under it.
5        (5) Each Department may verify registry identification
6    cards under Section 150.
7        (6) The submission of the report to the General
8    Assembly under Section 160.
9    (c) It is a Class B misdemeanor with a $1,000 fine for any
10person, including an employee or official of the Department of
11Public Health, Department of Financial and Professional
12Regulation, or Department of Agriculture or another State
13agency or local government, to breach the confidentiality of
14information obtained under this Act.
15    (d) The Department of Public Health, the Department of
16Agriculture, the Department of State Police, and the Department
17of Financial and Professional Regulation shall not share or
18disclose any existing or non-existing Illinois or national
19criminal history record information. For the purposes of this
20Section, "any existing or non-existing Illinois or national
21criminal history record information" means any Illinois or
22national criminal history record information, including but
23not limited to the lack of or non-existence of these records.
24(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
 
25    (410 ILCS 130/160)

 

 

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1    (Section scheduled to be repealed on July 1, 2020)
2    Sec. 160. Annual reports. The Department of Public Health
3shall submit to the General Assembly a report, by September 30
4of each year, that does not disclose any identifying
5information about registered qualifying patients, registered
6caregivers, or certifying health care professionals
7physicians, but does contain, at a minimum, all of the
8following information based on the fiscal year for reporting
9purposes:
10        (1) the number of applications and renewals filed for
11    registry identification cards or registrations;
12        (2) the number of qualifying patients and designated
13    caregivers served by each dispensary during the report
14    year;
15        (3) the nature of the debilitating medical conditions
16    of the qualifying patients;
17        (4) the number of registry identification cards or
18    registrations revoked for misconduct;
19        (5) the number of certifying health care professionals
20    physicians providing written certifications for qualifying
21    patients; and
22        (6) the number of registered medical cannabis
23    cultivation centers or registered dispensing
24    organizations;
25        (7) the number of Opioid Alternative Pilot Program
26    participants.

 

 

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1(Source: P.A. 100-863, eff. 8-14-18; 100-1114, eff. 8-28-18.)
 
2    (410 ILCS 130/173 new)
3    Sec. 173. Conflicts of law. To the extent that any
4provision of this Act conflicts with any Act that allows the
5recreational use of cannabis, the provisions of that Act shall
6control.
 
7    (410 ILCS 130/195)
8    (Section scheduled to be repealed on July 1, 2020)
9    Sec. 195. Definitions. For the purposes of this Law:
10    "Cultivation center" has the meaning ascribed to that term
11in the Compassionate Use of Medical Cannabis Pilot Program Act.
12    "Department" means the Department of Revenue.
13    "Dispensing organization" has the meaning ascribed to that
14term in the Compassionate Use of Medical Cannabis Pilot Program
15Act.
16    "Person" means an individual, partnership, corporation, or
17public or private organization.
18    "Qualifying patient" means a qualifying patient registered
19under the Compassionate Use of Medical Cannabis Pilot Program
20Act.
21(Source: P.A. 98-122, eff. 1-1-14.)
 
22    (410 ILCS 130/200)
23    (Section scheduled to be repealed on July 1, 2020)

 

 

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1    Sec. 200. Tax imposed.
2    (a) Beginning on the effective date of this Act, a tax is
3imposed upon the privilege of cultivating medical cannabis at a
4rate of 7% of the sales price per ounce. The proceeds from this
5tax shall be deposited into the Compassionate Use of Medical
6Cannabis Fund created under the Compassionate Use of Medical
7Cannabis Pilot Program Act. This tax shall be paid by a
8cultivation center and is not the responsibility of a
9dispensing organization or a qualifying patient.
10    (b) The tax imposed under this Act shall be in addition to
11all other occupation or privilege taxes imposed by the State of
12Illinois or by any municipal corporation or political
13subdivision thereof.
14(Source: P.A. 98-122, eff. 1-1-14.)
 
15    (410 ILCS 130/135 rep.)
16    (410 ILCS 130/220 rep.)
17    Section 55. The Compassionate Use of Medical Cannabis Pilot
18Program Act is amended by repealing Sections 135 and 220.
 
19    Section 60. The Illinois Vehicle Code is amended by
20changing Sections 2-118.2, 6-206.1, 11-501, and 11-501.9 as
21follows:
 
22    (625 ILCS 5/2-118.2)
23    Sec. 2-118.2. Opportunity for hearing; medical

 

 

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1cannabis-related suspension under Section 11-501.9.
2    (a) A suspension of driving privileges under Section
311-501.9 of this Code shall not become effective until the
4person is notified in writing of the impending suspension and
5informed that he or she may request a hearing in the circuit
6court of venue under subsection (b) of this Section and the
7suspension shall become effective as provided in Section
811-501.9.
9    (b) Within 90 days after the notice of suspension served
10under Section 11-501.9, the person may make a written request
11for a judicial hearing in the circuit court of venue. The
12request to the circuit court shall state the grounds upon which
13the person seeks to have the suspension rescinded. Within 30
14days after receipt of the written request or the first
15appearance date on the Uniform Traffic Ticket issued for a
16violation of Section 11-501 of this Code, or a similar
17provision of a local ordinance, the hearing shall be conducted
18by the circuit court having jurisdiction. This judicial
19hearing, request, or process shall not stay or delay the
20suspension. The hearing shall proceed in the court in the same
21manner as in other civil proceedings.
22    The hearing may be conducted upon a review of the law
23enforcement officer's own official reports; provided however,
24that the person may subpoena the officer. Failure of the
25officer to answer the subpoena shall be considered grounds for
26a continuance if in the court's discretion the continuance is

 

 

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

 

 

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1and Secretary of State.
2(Source: P.A. 98-1172, eff. 1-12-15.)
 
3    (625 ILCS 5/6-206.1)  (from Ch. 95 1/2, par. 6-206.1)
4    Sec. 6-206.1. Monitoring Device Driving Permit.
5Declaration of Policy. It is hereby declared a policy of the
6State of Illinois that the driver who is impaired by alcohol,
7other drug or drugs, or intoxicating compound or compounds is a
8threat to the public safety and welfare. Therefore, to provide
9a deterrent to such practice, a statutory summary driver's
10license suspension is appropriate. It is also recognized that
11driving is a privilege and therefore, that the granting of
12driving privileges, in a manner consistent with public safety,
13is warranted during the period of suspension in the form of a
14monitoring device driving permit. A person who drives and fails
15to comply with the requirements of the monitoring device
16driving permit commits a violation of Section 6-303 of this
17Code.
18    The following procedures shall apply whenever a first
19offender, as defined in Section 11-500 of this Code, is
20arrested for any offense as defined in Section 11-501 or a
21similar provision of a local ordinance and is subject to the
22provisions of Section 11-501.1:
23    (a) Upon mailing of the notice of suspension of driving
24privileges as provided in subsection (h) of Section 11-501.1 of
25this Code, the Secretary shall also send written notice

 

 

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

 

 

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1    sobriety tests as required by subsection (a) of Section
2    11-501.9 or did submit to testing which disclosed the
3    person was impaired by the use of cannabis.
4    Any offender participating in the MDDP program must pay the
5Secretary a MDDP Administration Fee in an amount not to exceed
6$30 per month, to be deposited into the Monitoring Device
7Driving Permit Administration Fee Fund. The Secretary shall
8establish by rule the amount and the procedures, terms, and
9conditions relating to these fees. The offender must have an
10ignition interlock device installed within 14 days of the date
11the Secretary issues the MDDP. The ignition interlock device
12provider must notify the Secretary, in a manner and form
13prescribed by the Secretary, of the installation. If the
14Secretary does not receive notice of installation, the
15Secretary shall cancel the MDDP.
16    Upon receipt of the notice, as provided in paragraph (a) of
17this Section, the person may file a petition to decline
18issuance of the MDDP with the court of venue. The court shall
19admonish the offender of all consequences of declining issuance
20of the MDDP including, but not limited to, the enhanced
21penalties for driving while suspended. After being so
22admonished, the offender shall be permitted, in writing, to
23execute a notice declining issuance of the MDDP. This notice
24shall be filed with the court and forwarded by the clerk of the
25court to the Secretary. The offender may, at any time
26thereafter, apply to the Secretary for issuance of a MDDP.

 

 

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

 

 

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1    (a-3) Persons who are issued a MDDP and who must drive a
2farm tractor to and from a farm, within 50 air miles from the
3originating farm are exempt from installation of a BAIID on the
4farm tractor, so long as the farm tractor is being used for the
5exclusive purpose of conducting farm operations.
6    (b) (Blank).
7    (c) (Blank).
8    (c-1) If the holder of the MDDP is convicted of or receives
9court supervision for a violation of Section 6-206.2, 6-303,
1011-204, 11-204.1, 11-401, 11-501, 11-503, 11-506 or a similar
11provision of a local ordinance or a similar out-of-state
12offense or is convicted of or receives court supervision for
13any offense for which alcohol or drugs is an element of the
14offense and in which a motor vehicle was involved (for an
15arrest other than the one for which the MDDP is issued), or
16de-installs the BAIID without prior authorization from the
17Secretary, the MDDP shall be cancelled.
18    (c-5) If the Secretary determines that the person seeking
19the MDDP is indigent, the Secretary shall provide the person
20with a written document as evidence of that determination, and
21the person shall provide that written document to an ignition
22interlock device provider. The provider shall install an
23ignition interlock device on that person's vehicle without
24charge to the person, and seek reimbursement from the Indigent
25BAIID Fund. If the Secretary has deemed an offender indigent,
26the BAIID provider shall also provide the normal monthly

 

 

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1monitoring services and the de-installation without charge to
2the offender and seek reimbursement from the Indigent BAIID
3Fund. Any other monetary charges, such as a lockout fee or
4reset fee, shall be the responsibility of the MDDP holder. A
5BAIID provider may not seek a security deposit from the
6Indigent BAIID Fund.
7    (d) MDDP information shall be available only to the courts,
8police officers, and the Secretary, except during the actual
9period the MDDP is valid, during which time it shall be a
10public record.
11    (e) (Blank).
12    (f) (Blank).
13    (g) The Secretary shall adopt rules for implementing this
14Section. The rules adopted shall address issues including, but
15not limited to: compliance with the requirements of the MDDP;
16methods for determining compliance with those requirements;
17the consequences of noncompliance with those requirements;
18what constitutes a violation of the MDDP; methods for
19determining indigency; and the duties of a person or entity
20that supplies the ignition interlock device.
21    (h) The rules adopted under subsection (g) shall provide,
22at a minimum, that the person is not in compliance with the
23requirements of the MDDP if he or she:
24        (1) tampers or attempts to tamper with or circumvent
25    the proper operation of the ignition interlock device;
26        (2) provides valid breath samples that register blood

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1submitted.
2    (p) The Monitoring Device Driving Permit Administration
3Fee Fund is created as a special fund in the State treasury.
4The Secretary shall, subject to appropriation by the General
5Assembly, use the money paid into this fund to offset its
6administrative costs for administering MDDPs.
7    (q) The Secretary is authorized to prescribe such forms as
8it deems necessary to carry out the provisions of this Section.
9(Source: P.A. 98-122, eff. 1-1-14; 98-1015, eff. 8-22-14;
1098-1172, eff. 1-12-15; 99-467, eff. 1-1-16.)
 
11    (625 ILCS 5/11-501)  (from Ch. 95 1/2, par. 11-501)
12    Sec. 11-501. Driving while under the influence of alcohol,
13other drug or drugs, intoxicating compound or compounds or any
14combination thereof.
15    (a) A person shall not drive or be in actual physical
16control of any vehicle within this State while:
17        (1) the alcohol concentration in the person's blood,
18    other bodily substance, or breath is 0.08 or more based on
19    the definition of blood and breath units in Section
20    11-501.2;
21        (2) under the influence of alcohol;
22        (3) under the influence of any intoxicating compound or
23    combination of intoxicating compounds to a degree that
24    renders the person incapable of driving safely;
25        (4) under the influence of any other drug or

 

 

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

 

 

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

 

 

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1    mandatory minimum fine of $500.
2        (5) A person who violates subsection (a) a second time,
3    if at the time of the second violation the alcohol
4    concentration in his or her blood, breath, other bodily
5    substance, or urine was 0.16 or more based on the
6    definition of blood, breath, other bodily substance, or
7    urine units in Section 11-501.2, shall be subject, in
8    addition to any other penalty that may be imposed, to a
9    mandatory minimum of 2 days of imprisonment and a mandatory
10    minimum fine of $1,250.
11    (d) Aggravated driving under the influence of alcohol,
12other drug or drugs, or intoxicating compound or compounds, or
13any combination thereof.
14        (1) Every person convicted of committing a violation of
15    this Section shall be guilty of aggravated driving under
16    the influence of alcohol, other drug or drugs, or
17    intoxicating compound or compounds, or any combination
18    thereof if:
19            (A) the person committed a violation of subsection
20        (a) or a similar provision for the third or subsequent
21        time;
22            (B) the person committed a violation of subsection
23        (a) while driving a school bus with one or more
24        passengers on board;
25            (C) the person in committing a violation of
26        subsection (a) was involved in a motor vehicle accident

 

 

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

 

 

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

 

 

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1        subsection (a) or a similar provision was transporting
2        a person under the age of 16; or
3            (L) the person committed a violation of subsection
4        (a) of this Section while transporting one or more
5        passengers in a vehicle for-hire.
6        (2)(A) Except as provided otherwise, a person
7    convicted of aggravated driving under the influence of
8    alcohol, other drug or drugs, or intoxicating compound or
9    compounds, or any combination thereof is guilty of a Class
10    4 felony.
11        (B) A third violation of this Section or a similar
12    provision is a Class 2 felony. If at the time of the third
13    violation the alcohol concentration in his or her blood,
14    breath, other bodily substance, or urine was 0.16 or more
15    based on the definition of blood, breath, other bodily
16    substance, or urine units in Section 11-501.2, a mandatory
17    minimum of 90 days of imprisonment and a mandatory minimum
18    fine of $2,500 shall be imposed in addition to any other
19    criminal or administrative sanction. If at the time of the
20    third violation, the defendant was transporting a person
21    under the age of 16, a mandatory fine of $25,000 and 25
22    days of community service in a program benefiting children
23    shall be imposed in addition to any other criminal or
24    administrative sanction.
25        (C) A fourth violation of this Section or a similar
26    provision is a Class 2 felony, for which a sentence of

 

 

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

 

 

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

 

 

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

 

 

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1    (e) Any reference to a prior violation of subsection (a) or
2a similar provision includes any violation of a provision of a
3local ordinance or a provision of a law of another state or an
4offense committed on a military installation that is similar to
5a violation of subsection (a) of this Section.
6    (f) The imposition of a mandatory term of imprisonment or
7assignment of community service for a violation of this Section
8shall not be suspended or reduced by the court.
9    (g) Any penalty imposed for driving with a license that has
10been revoked for a previous violation of subsection (a) of this
11Section shall be in addition to the penalty imposed for any
12subsequent violation of subsection (a).
13    (h) For any prosecution under this Section, a certified
14copy of the driving abstract of the defendant shall be admitted
15as proof of any prior conviction.
16(Source: P.A. 98-122, eff. 1-1-14; 98-573, eff. 8-27-13;
1798-756, eff. 7-16-14; 99-697, eff. 7-29-16.)
 
18    (625 ILCS 5/11-501.9)
19    Sec. 11-501.9. Suspension of driver's license; medical
20cannabis card holder; failure or refusal of field sobriety
21tests; implied consent.
22    (a) A person who has been issued a registry identification
23card under the Compassionate Use of Medical Cannabis Pilot
24Program Act who drives or is in actual physical control of a
25motor vehicle upon the public highways of this State shall be

 

 

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

 

 

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

 

 

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

 

 

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1immediate notice of the suspension cannot be given, the
2arresting officer or arresting agency shall give notice by
3deposit in the United States mail of the notice in an envelope
4with postage prepaid and addressed to the person at his or her
5address as shown on the Uniform Traffic Ticket and the
6suspension shall begin as provided in subsection (h) of this
7Section. The officer shall confiscate any Illinois driver's
8license or permit on the person at the time of arrest. If the
9person has a valid driver's license or permit, the officer
10shall issue the person a receipt, in a form prescribed by the
11Secretary of State, that will allow the person to drive during
12the period provided for in subsection (h) of this Section. The
13officer shall immediately forward the driver's license or
14permit to the circuit court of venue along with the sworn
15report under subsection (e) of this Section.
16    (h) The suspension under subsection (f) of this Section
17shall take effect on the 46th day following the date the notice
18of the suspension was given to the person.
19    (i) When a driving privilege has been suspended under this
20Section and the person is subsequently convicted of violating
21Section 11-501 of this Code, or a similar provision of a local
22ordinance, for the same incident, any period served on
23suspension under this Section shall be credited toward the
24minimum period of revocation of driving privileges imposed
25under Section 6-205 of this Code.
26(Source: P.A. 98-1172, eff. 1-12-15.)
 

 

 

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1    Section 65. The Cannabis Control Act is amended by changing
2Section 5.3 as follows:
 
3    (720 ILCS 550/5.3)
4    Sec. 5.3. Unlawful use of cannabis-based product
5manufacturing equipment.
6    (a) A person commits unlawful use of cannabis-based product
7manufacturing equipment when he or she knowingly engages in the
8possession, procurement, transportation, storage, or delivery
9of any equipment used in the manufacturing of any
10cannabis-based product using volatile or explosive gas,
11including, but not limited to, canisters of butane gas, with
12the intent to manufacture, compound, covert, produce, derive,
13process, or prepare either directly or indirectly any
14cannabis-based product.
15    (b) This Section does not apply to a cultivation center or
16cultivation center agent that prepares medical cannabis or
17cannabis-infused products in compliance with the Compassionate
18Use of Medical Cannabis Pilot Program Act and Department of
19Public Health and Department of Agriculture rules.
20    (c) Sentence. A person who violates this Section is guilty
21of a Class 2 felony.
22(Source: P.A. 99-697, eff. 7-29-16.)".