Rep. Celina Villanueva

Adopted in House on Nov 14, 2019

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1557

2    AMENDMENT NO. ______. Amend Senate Bill 1557 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. The Election Code is amended by changing
5Section 9-45 as follows:
 
6    (10 ILCS 5/9-45)
7    Sec. 9-45. Medical cannabis organization; contributions.
8It is unlawful for any medical cannabis cultivation center or
9medical cannabis dispensary organization or any political
10action committee created by any medical cannabis cultivation
11center or dispensary organization to make a campaign
12contribution to any political committee established to promote
13the candidacy of a candidate or public official. It is unlawful
14for any candidate, political committee, or other person to
15knowingly accept or receive any contribution prohibited by this
16Section. It is unlawful for any officer or agent of a medical

 

 

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1cannabis cultivation center or dispensary organization to
2consent to any contribution or expenditure by the medical
3cannabis organization that is prohibited by this Section. As
4used in this Section, "medical cannabis cultivation center" and
5"dispensary organization" have the meanings meaning ascribed
6to those terms in Section 10 of the Compassionate Use of
7Medical Cannabis Pilot Program Act.
8(Source: P.A. 98-122, eff. 1-1-14.)
 
9    Section 5. The Criminal Identification Act is amended by
10changing Section 5.2 as follows:
 
11    (20 ILCS 2630/5.2)
12    Sec. 5.2. Expungement, sealing, and immediate sealing.
13    (a) General Provisions.
14        (1) Definitions. In this Act, words and phrases have
15    the meanings set forth in this subsection, except when a
16    particular context clearly requires a different meaning.
17            (A) The following terms shall have the meanings
18        ascribed to them in the Unified Code of Corrections,
19        730 ILCS 5/5-1-2 through 5/5-1-22:
20                (i) Business Offense (730 ILCS 5/5-1-2),
21                (ii) Charge (730 ILCS 5/5-1-3),
22                (iii) Court (730 ILCS 5/5-1-6),
23                (iv) Defendant (730 ILCS 5/5-1-7),
24                (v) Felony (730 ILCS 5/5-1-9),

 

 

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1                (vi) Imprisonment (730 ILCS 5/5-1-10),
2                (vii) Judgment (730 ILCS 5/5-1-12),
3                (viii) Misdemeanor (730 ILCS 5/5-1-14),
4                (ix) Offense (730 ILCS 5/5-1-15),
5                (x) Parole (730 ILCS 5/5-1-16),
6                (xi) Petty Offense (730 ILCS 5/5-1-17),
7                (xii) Probation (730 ILCS 5/5-1-18),
8                (xiii) Sentence (730 ILCS 5/5-1-19),
9                (xiv) Supervision (730 ILCS 5/5-1-21), and
10                (xv) Victim (730 ILCS 5/5-1-22).
11            (B) As used in this Section, "charge not initiated
12        by arrest" means a charge (as defined by 730 ILCS
13        5/5-1-3) brought against a defendant where the
14        defendant is not arrested prior to or as a direct
15        result of the charge.
16            (C) "Conviction" means a judgment of conviction or
17        sentence entered upon a plea of guilty or upon a
18        verdict or finding of guilty of an offense, rendered by
19        a legally constituted jury or by a court of competent
20        jurisdiction authorized to try the case without a jury.
21        An order of supervision successfully completed by the
22        petitioner is not a conviction. An order of qualified
23        probation (as defined in subsection (a)(1)(J))
24        successfully completed by the petitioner is not a
25        conviction. An order of supervision or an order of
26        qualified probation that is terminated

 

 

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1        unsatisfactorily is a conviction, unless the
2        unsatisfactory termination is reversed, vacated, or
3        modified and the judgment of conviction, if any, is
4        reversed or vacated.
5            (D) "Criminal offense" means a petty offense,
6        business offense, misdemeanor, felony, or municipal
7        ordinance violation (as defined in subsection
8        (a)(1)(H)). As used in this Section, a minor traffic
9        offense (as defined in subsection (a)(1)(G)) shall not
10        be considered a criminal offense.
11            (E) "Expunge" means to physically destroy the
12        records or return them to the petitioner and to
13        obliterate the petitioner's name from any official
14        index or public record, or both. Nothing in this Act
15        shall require the physical destruction of the circuit
16        court file, but such records relating to arrests or
17        charges, or both, ordered expunged shall be impounded
18        as required by subsections (d)(9)(A)(ii) and
19        (d)(9)(B)(ii).
20            (F) As used in this Section, "last sentence" means
21        the sentence, order of supervision, or order of
22        qualified probation (as defined by subsection
23        (a)(1)(J)), for a criminal offense (as defined by
24        subsection (a)(1)(D)) that terminates last in time in
25        any jurisdiction, regardless of whether the petitioner
26        has included the criminal offense for which the

 

 

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1        sentence or order of supervision or qualified
2        probation was imposed in his or her petition. If
3        multiple sentences, orders of supervision, or orders
4        of qualified probation terminate on the same day and
5        are last in time, they shall be collectively considered
6        the "last sentence" regardless of whether they were
7        ordered to run concurrently.
8            (G) "Minor traffic offense" means a petty offense,
9        business offense, or Class C misdemeanor under the
10        Illinois Vehicle Code or a similar provision of a
11        municipal or local ordinance.
12            (G-5) "Minor Cannabis Offense" means a violation
13        of Section 4 or 5 of the Cannabis Control Act
14        concerning not more than 30 grams of any substance
15        containing cannabis, provided the violation did not
16        include a penalty enhancement under Section 7 of the
17        Cannabis Control Act and is not associated with a
18        conviction for a violent crime as defined in subsection
19        (c) of Section 3 of the Rights of Crime Victims and
20        Witnesses Act. (G-5) "Minor Cannabis Offense" means a
21        violation of Section 4 or 5 of the Cannabis Control Act
22        concerning not more than 30 grams of any substance
23        containing cannabis, provided the violation did not
24        include a penalty enhancement under Section 7 of the
25        Cannabis Control Act and is not associated with an
26        arrest, conviction or other disposition for a violent

 

 

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1        crime as defined in subsection (c) of Section 3 of the
2        Rights of Crime Victims and Witnesses Act.
3            (H) "Municipal ordinance violation" means an
4        offense defined by a municipal or local ordinance that
5        is criminal in nature and with which the petitioner was
6        charged or for which the petitioner was arrested and
7        released without charging.
8            (I) "Petitioner" means an adult or a minor
9        prosecuted as an adult who has applied for relief under
10        this Section.
11            (J) "Qualified probation" means an order of
12        probation under Section 10 of the Cannabis Control Act,
13        Section 410 of the Illinois Controlled Substances Act,
14        Section 70 of the Methamphetamine Control and
15        Community Protection Act, Section 5-6-3.3 or 5-6-3.4
16        of the Unified Code of Corrections, Section
17        12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
18        those provisions existed before their deletion by
19        Public Act 89-313), Section 10-102 of the Illinois
20        Alcoholism and Other Drug Dependency Act, Section
21        40-10 of the Substance Use Disorder Act, or Section 10
22        of the Steroid Control Act. For the purpose of this
23        Section, "successful completion" of an order of
24        qualified probation under Section 10-102 of the
25        Illinois Alcoholism and Other Drug Dependency Act and
26        Section 40-10 of the Substance Use Disorder Act means

 

 

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1        that the probation was terminated satisfactorily and
2        the judgment of conviction was vacated.
3            (K) "Seal" means to physically and electronically
4        maintain the records, unless the records would
5        otherwise be destroyed due to age, but to make the
6        records unavailable without a court order, subject to
7        the exceptions in Sections 12 and 13 of this Act. The
8        petitioner's name shall also be obliterated from the
9        official index required to be kept by the circuit court
10        clerk under Section 16 of the Clerks of Courts Act, but
11        any index issued by the circuit court clerk before the
12        entry of the order to seal shall not be affected.
13            (L) "Sexual offense committed against a minor"
14        includes, but is not limited to, the offenses of
15        indecent solicitation of a child or criminal sexual
16        abuse when the victim of such offense is under 18 years
17        of age.
18            (M) "Terminate" as it relates to a sentence or
19        order of supervision or qualified probation includes
20        either satisfactory or unsatisfactory termination of
21        the sentence, unless otherwise specified in this
22        Section. A sentence is terminated notwithstanding any
23        outstanding financial legal obligation.
24        (2) Minor Traffic Offenses. Orders of supervision or
25    convictions for minor traffic offenses shall not affect a
26    petitioner's eligibility to expunge or seal records

 

 

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1    pursuant to this Section.
2        (2.5) Commencing 180 days after July 29, 2016 (the
3    effective date of Public Act 99-697), the law enforcement
4    agency issuing the citation shall automatically expunge,
5    on or before January 1 and July 1 of each year, the law
6    enforcement records of a person found to have committed a
7    civil law violation of subsection (a) of Section 4 of the
8    Cannabis Control Act or subsection (c) of Section 3.5 of
9    the Drug Paraphernalia Control Act in the law enforcement
10    agency's possession or control and which contains the final
11    satisfactory disposition which pertain to the person
12    issued a citation for that offense. The law enforcement
13    agency shall provide by rule the process for access,
14    review, and to confirm the automatic expungement by the law
15    enforcement agency issuing the citation. Commencing 180
16    days after July 29, 2016 (the effective date of Public Act
17    99-697), the clerk of the circuit court shall expunge, upon
18    order of the court, or in the absence of a court order on
19    or before January 1 and July 1 of each year, the court
20    records of a person found in the circuit court to have
21    committed a civil law violation of subsection (a) of
22    Section 4 of the Cannabis Control Act or subsection (c) of
23    Section 3.5 of the Drug Paraphernalia Control Act in the
24    clerk's possession or control and which contains the final
25    satisfactory disposition which pertain to the person
26    issued a citation for any of those offenses.

 

 

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1        (3) Exclusions. Except as otherwise provided in
2    subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
3    of this Section, the court shall not order:
4            (A) the sealing or expungement of the records of
5        arrests or charges not initiated by arrest that result
6        in an order of supervision for or conviction of: (i)
7        any sexual offense committed against a minor; (ii)
8        Section 11-501 of the Illinois Vehicle Code or a
9        similar provision of a local ordinance; or (iii)
10        Section 11-503 of the Illinois Vehicle Code or a
11        similar provision of a local ordinance, unless the
12        arrest or charge is for a misdemeanor violation of
13        subsection (a) of Section 11-503 or a similar provision
14        of a local ordinance, that occurred prior to the
15        offender reaching the age of 25 years and the offender
16        has no other conviction for violating Section 11-501 or
17        11-503 of the Illinois Vehicle Code or a similar
18        provision of a local ordinance.
19            (B) the sealing or expungement of records of minor
20        traffic offenses (as defined in subsection (a)(1)(G)),
21        unless the petitioner was arrested and released
22        without charging.
23            (C) the sealing of the records of arrests or
24        charges not initiated by arrest which result in an
25        order of supervision or a conviction for the following
26        offenses:

 

 

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1                (i) offenses included in Article 11 of the
2            Criminal Code of 1961 or the Criminal Code of 2012
3            or a similar provision of a local ordinance, except
4            Section 11-14 and a misdemeanor violation of
5            Section 11-30 of the Criminal Code of 1961 or the
6            Criminal Code of 2012, or a similar provision of a
7            local ordinance;
8                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
9            26-5, or 48-1 of the Criminal Code of 1961 or the
10            Criminal Code of 2012, or a similar provision of a
11            local ordinance;
12                (iii) Sections 12-3.1 or 12-3.2 of the
13            Criminal Code of 1961 or the Criminal Code of 2012,
14            or Section 125 of the Stalking No Contact Order
15            Act, or Section 219 of the Civil No Contact Order
16            Act, or a similar provision of a local ordinance;
17                (iv) Class A misdemeanors or felony offenses
18            under the Humane Care for Animals Act; or
19                (v) any offense or attempted offense that
20            would subject a person to registration under the
21            Sex Offender Registration Act.
22            (D) (blank).
23    (b) Expungement.
24        (1) A petitioner may petition the circuit court to
25    expunge the records of his or her arrests and charges not
26    initiated by arrest when each arrest or charge not

 

 

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1    initiated by arrest sought to be expunged resulted in: (i)
2    acquittal, dismissal, or the petitioner's release without
3    charging, unless excluded by subsection (a)(3)(B); (ii) a
4    conviction which was vacated or reversed, unless excluded
5    by subsection (a)(3)(B); (iii) an order of supervision and
6    such supervision was successfully completed by the
7    petitioner, unless excluded by subsection (a)(3)(A) or
8    (a)(3)(B); or (iv) an order of qualified probation (as
9    defined in subsection (a)(1)(J)) and such probation was
10    successfully completed by the petitioner.
11        (1.5) When a petitioner seeks to have a record of
12    arrest expunged under this Section, and the offender has
13    been convicted of a criminal offense, the State's Attorney
14    may object to the expungement on the grounds that the
15    records contain specific relevant information aside from
16    the mere fact of the arrest.
17        (2) Time frame for filing a petition to expunge.
18            (A) When the arrest or charge not initiated by
19        arrest sought to be expunged resulted in an acquittal,
20        dismissal, the petitioner's release without charging,
21        or the reversal or vacation of a conviction, there is
22        no waiting period to petition for the expungement of
23        such records.
24            (B) When the arrest or charge not initiated by
25        arrest sought to be expunged resulted in an order of
26        supervision, successfully completed by the petitioner,

 

 

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1        the following time frames will apply:
2                (i) Those arrests or charges that resulted in
3            orders of supervision under Section 3-707, 3-708,
4            3-710, or 5-401.3 of the Illinois Vehicle Code or a
5            similar provision of a local ordinance, or under
6            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
7            Code of 1961 or the Criminal Code of 2012, or a
8            similar provision of a local ordinance, shall not
9            be eligible for expungement until 5 years have
10            passed following the satisfactory termination of
11            the supervision.
12                (i-5) Those arrests or charges that resulted
13            in orders of supervision for a misdemeanor
14            violation of subsection (a) of Section 11-503 of
15            the Illinois Vehicle Code or a similar provision of
16            a local ordinance, that occurred prior to the
17            offender reaching the age of 25 years and the
18            offender has no other conviction for violating
19            Section 11-501 or 11-503 of the Illinois Vehicle
20            Code or a similar provision of a local ordinance
21            shall not be eligible for expungement until the
22            petitioner has reached the age of 25 years.
23                (ii) Those arrests or charges that resulted in
24            orders of supervision for any other offenses shall
25            not be eligible for expungement until 2 years have
26            passed following the satisfactory termination of

 

 

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1            the supervision.
2            (C) When the arrest or charge not initiated by
3        arrest sought to be expunged resulted in an order of
4        qualified probation, successfully completed by the
5        petitioner, such records shall not be eligible for
6        expungement until 5 years have passed following the
7        satisfactory termination of the probation.
8        (3) Those records maintained by the Department for
9    persons arrested prior to their 17th birthday shall be
10    expunged as provided in Section 5-915 of the Juvenile Court
11    Act of 1987.
12        (4) Whenever a person has been arrested for or
13    convicted of any offense, in the name of a person whose
14    identity he or she has stolen or otherwise come into
15    possession of, the aggrieved person from whom the identity
16    was stolen or otherwise obtained without authorization,
17    upon learning of the person having been arrested using his
18    or her identity, may, upon verified petition to the chief
19    judge of the circuit wherein the arrest was made, have a
20    court order entered nunc pro tunc by the Chief Judge to
21    correct the arrest record, conviction record, if any, and
22    all official records of the arresting authority, the
23    Department, other criminal justice agencies, the
24    prosecutor, and the trial court concerning such arrest, if
25    any, by removing his or her name from all such records in
26    connection with the arrest and conviction, if any, and by

 

 

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1    inserting in the records the name of the offender, if known
2    or ascertainable, in lieu of the aggrieved's name. The
3    records of the circuit court clerk shall be sealed until
4    further order of the court upon good cause shown and the
5    name of the aggrieved person obliterated on the official
6    index required to be kept by the circuit court clerk under
7    Section 16 of the Clerks of Courts Act, but the order shall
8    not affect any index issued by the circuit court clerk
9    before the entry of the order. Nothing in this Section
10    shall limit the Department of State Police or other
11    criminal justice agencies or prosecutors from listing
12    under an offender's name the false names he or she has
13    used.
14        (5) Whenever a person has been convicted of criminal
15    sexual assault, aggravated criminal sexual assault,
16    predatory criminal sexual assault of a child, criminal
17    sexual abuse, or aggravated criminal sexual abuse, the
18    victim of that offense may request that the State's
19    Attorney of the county in which the conviction occurred
20    file a verified petition with the presiding trial judge at
21    the petitioner's trial to have a court order entered to
22    seal the records of the circuit court clerk in connection
23    with the proceedings of the trial court concerning that
24    offense. However, the records of the arresting authority
25    and the Department of State Police concerning the offense
26    shall not be sealed. The court, upon good cause shown,

 

 

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1    shall make the records of the circuit court clerk in
2    connection with the proceedings of the trial court
3    concerning the offense available for public inspection.
4        (6) If a conviction has been set aside on direct review
5    or on collateral attack and the court determines by clear
6    and convincing evidence that the petitioner was factually
7    innocent of the charge, the court that finds the petitioner
8    factually innocent of the charge shall enter an expungement
9    order for the conviction for which the petitioner has been
10    determined to be innocent as provided in subsection (b) of
11    Section 5-5-4 of the Unified Code of Corrections.
12        (7) Nothing in this Section shall prevent the
13    Department of State Police from maintaining all records of
14    any person who is admitted to probation upon terms and
15    conditions and who fulfills those terms and conditions
16    pursuant to Section 10 of the Cannabis Control Act, Section
17    410 of the Illinois Controlled Substances Act, Section 70
18    of the Methamphetamine Control and Community Protection
19    Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
20    Corrections, Section 12-4.3 or subdivision (b)(1) of
21    Section 12-3.05 of the Criminal Code of 1961 or the
22    Criminal Code of 2012, Section 10-102 of the Illinois
23    Alcoholism and Other Drug Dependency Act, Section 40-10 of
24    the Substance Use Disorder Act, or Section 10 of the
25    Steroid Control Act.
26        (8) If the petitioner has been granted a certificate of

 

 

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1    innocence under Section 2-702 of the Code of Civil
2    Procedure, the court that grants the certificate of
3    innocence shall also enter an order expunging the
4    conviction for which the petitioner has been determined to
5    be innocent as provided in subsection (h) of Section 2-702
6    of the Code of Civil Procedure.
7    (c) Sealing.
8        (1) Applicability. Notwithstanding any other provision
9    of this Act to the contrary, and cumulative with any rights
10    to expungement of criminal records, this subsection
11    authorizes the sealing of criminal records of adults and of
12    minors prosecuted as adults. Subsection (g) of this Section
13    provides for immediate sealing of certain records.
14        (2) Eligible Records. The following records may be
15    sealed:
16            (A) All arrests resulting in release without
17        charging;
18            (B) Arrests or charges not initiated by arrest
19        resulting in acquittal, dismissal, or conviction when
20        the conviction was reversed or vacated, except as
21        excluded by subsection (a)(3)(B);
22            (C) Arrests or charges not initiated by arrest
23        resulting in orders of supervision, including orders
24        of supervision for municipal ordinance violations,
25        successfully completed by the petitioner, unless
26        excluded by subsection (a)(3);

 

 

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1            (D) Arrests or charges not initiated by arrest
2        resulting in convictions, including convictions on
3        municipal ordinance violations, unless excluded by
4        subsection (a)(3);
5            (E) Arrests or charges not initiated by arrest
6        resulting in orders of first offender probation under
7        Section 10 of the Cannabis Control Act, Section 410 of
8        the Illinois Controlled Substances Act, Section 70 of
9        the Methamphetamine Control and Community Protection
10        Act, or Section 5-6-3.3 of the Unified Code of
11        Corrections; and
12            (F) Arrests or charges not initiated by arrest
13        resulting in felony convictions unless otherwise
14        excluded by subsection (a) paragraph (3) of this
15        Section.
16        (3) When Records Are Eligible to Be Sealed. Records
17    identified as eligible under subsection (c)(2) may be
18    sealed as follows:
19            (A) Records identified as eligible under
20        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
21        time.
22            (B) Except as otherwise provided in subparagraph
23        (E) of this paragraph (3), records identified as
24        eligible under subsection (c)(2)(C) may be sealed 2
25        years after the termination of petitioner's last
26        sentence (as defined in subsection (a)(1)(F)).

 

 

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1            (C) Except as otherwise provided in subparagraph
2        (E) of this paragraph (3), records identified as
3        eligible under subsections (c)(2)(D), (c)(2)(E), and
4        (c)(2)(F) may be sealed 3 years after the termination
5        of the petitioner's last sentence (as defined in
6        subsection (a)(1)(F)). Convictions requiring public
7        registration under the Arsonist Registration Act, the
8        Sex Offender Registration Act, or the Murderer and
9        Violent Offender Against Youth Registration Act may
10        not be sealed until the petitioner is no longer
11        required to register under that relevant Act.
12            (D) Records identified in subsection
13        (a)(3)(A)(iii) may be sealed after the petitioner has
14        reached the age of 25 years.
15            (E) Records identified as eligible under
16        subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
17        (c)(2)(F) may be sealed upon termination of the
18        petitioner's last sentence if the petitioner earned a
19        high school diploma, associate's degree, career
20        certificate, vocational technical certification, or
21        bachelor's degree, or passed the high school level Test
22        of General Educational Development, during the period
23        of his or her sentence or mandatory supervised release.
24        This subparagraph shall apply only to a petitioner who
25        has not completed the same educational goal prior to
26        the period of his or her sentence or mandatory

 

 

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1        supervised release. If a petition for sealing eligible
2        records filed under this subparagraph is denied by the
3        court, the time periods under subparagraph (B) or (C)
4        shall apply to any subsequent petition for sealing
5        filed by the petitioner.
6        (4) Subsequent felony convictions. A person may not
7    have subsequent felony conviction records sealed as
8    provided in this subsection (c) if he or she is convicted
9    of any felony offense after the date of the sealing of
10    prior felony convictions as provided in this subsection
11    (c). The court may, upon conviction for a subsequent felony
12    offense, order the unsealing of prior felony conviction
13    records previously ordered sealed by the court.
14        (5) Notice of eligibility for sealing. Upon entry of a
15    disposition for an eligible record under this subsection
16    (c), the petitioner shall be informed by the court of the
17    right to have the records sealed and the procedures for the
18    sealing of the records.
19    (d) Procedure. The following procedures apply to
20expungement under subsections (b), (e), and (e-6) and sealing
21under subsections (c) and (e-5):
22        (1) Filing the petition. Upon becoming eligible to
23    petition for the expungement or sealing of records under
24    this Section, the petitioner shall file a petition
25    requesting the expungement or sealing of records with the
26    clerk of the court where the arrests occurred or the

 

 

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1    charges were brought, or both. If arrests occurred or
2    charges were brought in multiple jurisdictions, a petition
3    must be filed in each such jurisdiction. The petitioner
4    shall pay the applicable fee, except no fee shall be
5    required if the petitioner has obtained a court order
6    waiving fees under Supreme Court Rule 298 or it is
7    otherwise waived.
8        (1.5) County fee waiver pilot program. From August 9,
9    2019 (the effective date of Public Act 101-306) this
10    amendatory Act of the 101st General Assembly through
11    December 31, 2020, in a county of 3,000,000 or more
12    inhabitants, no fee shall be required to be paid by a
13    petitioner if the records sought to be expunged or sealed
14    were arrests resulting in release without charging or
15    arrests or charges not initiated by arrest resulting in
16    acquittal, dismissal, or conviction when the conviction
17    was reversed or vacated, unless excluded by subsection
18    (a)(3)(B). The provisions of this paragraph (1.5), other
19    than this sentence, are inoperative on and after January 1,
20    2021.
21        (2) Contents of petition. The petition shall be
22    verified and shall contain the petitioner's name, date of
23    birth, current address and, for each arrest or charge not
24    initiated by arrest sought to be sealed or expunged, the
25    case number, the date of arrest (if any), the identity of
26    the arresting authority, and such other information as the

 

 

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1    court may require. During the pendency of the proceeding,
2    the petitioner shall promptly notify the circuit court
3    clerk of any change of his or her address. If the
4    petitioner has received a certificate of eligibility for
5    sealing from the Prisoner Review Board under paragraph (10)
6    of subsection (a) of Section 3-3-2 of the Unified Code of
7    Corrections, the certificate shall be attached to the
8    petition.
9        (3) Drug test. The petitioner must attach to the
10    petition proof that the petitioner has passed a test taken
11    within 30 days before the filing of the petition showing
12    the absence within his or her body of all illegal
13    substances as defined by the Illinois Controlled
14    Substances Act, the Methamphetamine Control and Community
15    Protection Act, and the Cannabis Control Act if he or she
16    is petitioning to:
17            (A) seal felony records under clause (c)(2)(E);
18            (B) seal felony records for a violation of the
19        Illinois Controlled Substances Act, the
20        Methamphetamine Control and Community Protection Act,
21        or the Cannabis Control Act under clause (c)(2)(F);
22            (C) seal felony records under subsection (e-5); or
23            (D) expunge felony records of a qualified
24        probation under clause (b)(1)(iv).
25        (4) Service of petition. The circuit court clerk shall
26    promptly serve a copy of the petition and documentation to

 

 

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1    support the petition under subsection (e-5) or (e-6) on the
2    State's Attorney or prosecutor charged with the duty of
3    prosecuting the offense, the Department of State Police,
4    the arresting agency and the chief legal officer of the
5    unit of local government effecting the arrest.
6        (5) Objections.
7            (A) Any party entitled to notice of the petition
8        may file an objection to the petition. All objections
9        shall be in writing, shall be filed with the circuit
10        court clerk, and shall state with specificity the basis
11        of the objection. Whenever a person who has been
12        convicted of an offense is granted a pardon by the
13        Governor which specifically authorizes expungement, an
14        objection to the petition may not be filed.
15            (B) Objections to a petition to expunge or seal
16        must be filed within 60 days of the date of service of
17        the petition.
18        (6) Entry of order.
19            (A) The Chief Judge of the circuit wherein the
20        charge was brought, any judge of that circuit
21        designated by the Chief Judge, or in counties of less
22        than 3,000,000 inhabitants, the presiding trial judge
23        at the petitioner's trial, if any, shall rule on the
24        petition to expunge or seal as set forth in this
25        subsection (d)(6).
26            (B) Unless the State's Attorney or prosecutor, the

 

 

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1        Department of State Police, the arresting agency, or
2        the chief legal officer files an objection to the
3        petition to expunge or seal within 60 days from the
4        date of service of the petition, the court shall enter
5        an order granting or denying the petition.
6            (C) Notwithstanding any other provision of law,
7        the court shall not deny a petition for sealing under
8        this Section because the petitioner has not satisfied
9        an outstanding legal financial obligation established,
10        imposed, or originated by a court, law enforcement
11        agency, or a municipal, State, county, or other unit of
12        local government, including, but not limited to, any
13        cost, assessment, fine, or fee. An outstanding legal
14        financial obligation does not include any court
15        ordered restitution to a victim under Section 5-5-6 of
16        the Unified Code of Corrections, unless the
17        restitution has been converted to a civil judgment.
18        Nothing in this subparagraph (C) waives, rescinds, or
19        abrogates a legal financial obligation or otherwise
20        eliminates or affects the right of the holder of any
21        financial obligation to pursue collection under
22        applicable federal, State, or local law.
23        (7) Hearings. If an objection is filed, the court shall
24    set a date for a hearing and notify the petitioner and all
25    parties entitled to notice of the petition of the hearing
26    date at least 30 days prior to the hearing. Prior to the

 

 

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1    hearing, the State's Attorney shall consult with the
2    Department as to the appropriateness of the relief sought
3    in the petition to expunge or seal. At the hearing, the
4    court shall hear evidence on whether the petition should or
5    should not be granted, and shall grant or deny the petition
6    to expunge or seal the records based on the evidence
7    presented at the hearing. The court may consider the
8    following:
9            (A) the strength of the evidence supporting the
10        defendant's conviction;
11            (B) the reasons for retention of the conviction
12        records by the State;
13            (C) the petitioner's age, criminal record history,
14        and employment history;
15            (D) the period of time between the petitioner's
16        arrest on the charge resulting in the conviction and
17        the filing of the petition under this Section; and
18            (E) the specific adverse consequences the
19        petitioner may be subject to if the petition is denied.
20        (8) Service of order. After entering an order to
21    expunge or seal records, the court must provide copies of
22    the order to the Department, in a form and manner
23    prescribed by the Department, to the petitioner, to the
24    State's Attorney or prosecutor charged with the duty of
25    prosecuting the offense, to the arresting agency, to the
26    chief legal officer of the unit of local government

 

 

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1    effecting the arrest, and to such other criminal justice
2    agencies as may be ordered by the court.
3        (9) Implementation of order.
4            (A) Upon entry of an order to expunge records
5        pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
6                (i) the records shall be expunged (as defined
7            in subsection (a)(1)(E)) by the arresting agency,
8            the Department, and any other agency as ordered by
9            the court, within 60 days of the date of service of
10            the order, unless a motion to vacate, modify, or
11            reconsider the order is filed pursuant to
12            paragraph (12) of subsection (d) of this Section;
13                (ii) the records of the circuit court clerk
14            shall be impounded until further order of the court
15            upon good cause shown and the name of the
16            petitioner obliterated on the official index
17            required to be kept by the circuit court clerk
18            under Section 16 of the Clerks of Courts Act, but
19            the order shall not affect any index issued by the
20            circuit court clerk before the entry of the order;
21            and
22                (iii) in response to an inquiry for expunged
23            records, the court, the Department, or the agency
24            receiving such inquiry, shall reply as it does in
25            response to inquiries when no records ever
26            existed.

 

 

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1            (B) Upon entry of an order to expunge records
2        pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
3                (i) the records shall be expunged (as defined
4            in subsection (a)(1)(E)) by the arresting agency
5            and any other agency as ordered by the court,
6            within 60 days of the date of service of the order,
7            unless a motion to vacate, modify, or reconsider
8            the order is filed pursuant to paragraph (12) of
9            subsection (d) of this Section;
10                (ii) the records of the circuit court clerk
11            shall be impounded until further order of the court
12            upon good cause shown and the name of the
13            petitioner obliterated on the official index
14            required to be kept by the circuit court clerk
15            under Section 16 of the Clerks of Courts Act, but
16            the order shall not affect any index issued by the
17            circuit court clerk before the entry of the order;
18                (iii) the records shall be impounded by the
19            Department within 60 days of the date of service of
20            the order as ordered by the court, unless a motion
21            to vacate, modify, or reconsider the order is filed
22            pursuant to paragraph (12) of subsection (d) of
23            this Section;
24                (iv) records impounded by the Department may
25            be disseminated by the Department only as required
26            by law or to the arresting authority, the State's

 

 

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1            Attorney, and the court upon a later arrest for the
2            same or a similar offense or for the purpose of
3            sentencing for any subsequent felony, and to the
4            Department of Corrections upon conviction for any
5            offense; and
6                (v) in response to an inquiry for such records
7            from anyone not authorized by law to access such
8            records, the court, the Department, or the agency
9            receiving such inquiry shall reply as it does in
10            response to inquiries when no records ever
11            existed.
12            (B-5) Upon entry of an order to expunge records
13        under subsection (e-6):
14                (i) the records shall be expunged (as defined
15            in subsection (a)(1)(E)) by the arresting agency
16            and any other agency as ordered by the court,
17            within 60 days of the date of service of the order,
18            unless a motion to vacate, modify, or reconsider
19            the order is filed under paragraph (12) of
20            subsection (d) of this Section;
21                (ii) the records of the circuit court clerk
22            shall be impounded until further order of the court
23            upon good cause shown and the name of the
24            petitioner obliterated on the official index
25            required to be kept by the circuit court clerk
26            under Section 16 of the Clerks of Courts Act, but

 

 

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1            the order shall not affect any index issued by the
2            circuit court clerk before the entry of the order;
3                (iii) the records shall be impounded by the
4            Department within 60 days of the date of service of
5            the order as ordered by the court, unless a motion
6            to vacate, modify, or reconsider the order is filed
7            under paragraph (12) of subsection (d) of this
8            Section;
9                (iv) records impounded by the Department may
10            be disseminated by the Department only as required
11            by law or to the arresting authority, the State's
12            Attorney, and the court upon a later arrest for the
13            same or a similar offense or for the purpose of
14            sentencing for any subsequent felony, and to the
15            Department of Corrections upon conviction for any
16            offense; and
17                (v) in response to an inquiry for these records
18            from anyone not authorized by law to access the
19            records, the court, the Department, or the agency
20            receiving the inquiry shall reply as it does in
21            response to inquiries when no records ever
22            existed.
23            (C) Upon entry of an order to seal records under
24        subsection (c), the arresting agency, any other agency
25        as ordered by the court, the Department, and the court
26        shall seal the records (as defined in subsection

 

 

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1        (a)(1)(K)). In response to an inquiry for such records,
2        from anyone not authorized by law to access such
3        records, the court, the Department, or the agency
4        receiving such inquiry shall reply as it does in
5        response to inquiries when no records ever existed.
6            (D) The Department shall send written notice to the
7        petitioner of its compliance with each order to expunge
8        or seal records within 60 days of the date of service
9        of that order or, if a motion to vacate, modify, or
10        reconsider is filed, within 60 days of service of the
11        order resolving the motion, if that order requires the
12        Department to expunge or seal records. In the event of
13        an appeal from the circuit court order, the Department
14        shall send written notice to the petitioner of its
15        compliance with an Appellate Court or Supreme Court
16        judgment to expunge or seal records within 60 days of
17        the issuance of the court's mandate. The notice is not
18        required while any motion to vacate, modify, or
19        reconsider, or any appeal or petition for
20        discretionary appellate review, is pending.
21            (E) Upon motion, the court may order that a sealed
22        judgment or other court record necessary to
23        demonstrate the amount of any legal financial
24        obligation due and owing be made available for the
25        limited purpose of collecting any legal financial
26        obligations owed by the petitioner that were

 

 

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1        established, imposed, or originated in the criminal
2        proceeding for which those records have been sealed.
3        The records made available under this subparagraph (E)
4        shall not be entered into the official index required
5        to be kept by the circuit court clerk under Section 16
6        of the Clerks of Courts Act and shall be immediately
7        re-impounded upon the collection of the outstanding
8        financial obligations.
9            (F) Notwithstanding any other provision of this
10        Section, a circuit court clerk may access a sealed
11        record for the limited purpose of collecting payment
12        for any legal financial obligations that were
13        established, imposed, or originated in the criminal
14        proceedings for which those records have been sealed.
15        (10) Fees. The Department may charge the petitioner a
16    fee equivalent to the cost of processing any order to
17    expunge or seal records. Notwithstanding any provision of
18    the Clerks of Courts Act to the contrary, the circuit court
19    clerk may charge a fee equivalent to the cost associated
20    with the sealing or expungement of records by the circuit
21    court clerk. From the total filing fee collected for the
22    petition to seal or expunge, the circuit court clerk shall
23    deposit $10 into the Circuit Court Clerk Operation and
24    Administrative Fund, to be used to offset the costs
25    incurred by the circuit court clerk in performing the
26    additional duties required to serve the petition to seal or

 

 

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1    expunge on all parties. The circuit court clerk shall
2    collect and forward the Department of State Police portion
3    of the fee to the Department and it shall be deposited in
4    the State Police Services Fund. If the record brought under
5    an expungement petition was previously sealed under this
6    Section, the fee for the expungement petition for that same
7    record shall be waived.
8        (11) Final Order. No court order issued under the
9    expungement or sealing provisions of this Section shall
10    become final for purposes of appeal until 30 days after
11    service of the order on the petitioner and all parties
12    entitled to notice of the petition.
13        (12) Motion to Vacate, Modify, or Reconsider. Under
14    Section 2-1203 of the Code of Civil Procedure, the
15    petitioner or any party entitled to notice may file a
16    motion to vacate, modify, or reconsider the order granting
17    or denying the petition to expunge or seal within 60 days
18    of service of the order. If filed more than 60 days after
19    service of the order, a petition to vacate, modify, or
20    reconsider shall comply with subsection (c) of Section
21    2-1401 of the Code of Civil Procedure. Upon filing of a
22    motion to vacate, modify, or reconsider, notice of the
23    motion shall be served upon the petitioner and all parties
24    entitled to notice of the petition.
25        (13) Effect of Order. An order granting a petition
26    under the expungement or sealing provisions of this Section

 

 

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1    shall not be considered void because it fails to comply
2    with the provisions of this Section or because of any error
3    asserted in a motion to vacate, modify, or reconsider. The
4    circuit court retains jurisdiction to determine whether
5    the order is voidable and to vacate, modify, or reconsider
6    its terms based on a motion filed under paragraph (12) of
7    this subsection (d).
8        (14) Compliance with Order Granting Petition to Seal
9    Records. Unless a court has entered a stay of an order
10    granting a petition to seal, all parties entitled to notice
11    of the petition must fully comply with the terms of the
12    order within 60 days of service of the order even if a
13    party is seeking relief from the order through a motion
14    filed under paragraph (12) of this subsection (d) or is
15    appealing the order.
16        (15) Compliance with Order Granting Petition to
17    Expunge Records. While a party is seeking relief from the
18    order granting the petition to expunge through a motion
19    filed under paragraph (12) of this subsection (d) or is
20    appealing the order, and unless a court has entered a stay
21    of that order, the parties entitled to notice of the
22    petition must seal, but need not expunge, the records until
23    there is a final order on the motion for relief or, in the
24    case of an appeal, the issuance of that court's mandate.
25        (16) The changes to this subsection (d) made by Public
26    Act 98-163 apply to all petitions pending on August 5, 2013

 

 

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1    (the effective date of Public Act 98-163) and to all orders
2    ruling on a petition to expunge or seal on or after August
3    5, 2013 (the effective date of Public Act 98-163).
4    (e) Whenever a person who has been convicted of an offense
5is granted a pardon by the Governor which specifically
6authorizes expungement, he or she may, upon verified petition
7to the Chief Judge of the circuit where the person had been
8convicted, any judge of the circuit designated by the Chief
9Judge, or in counties of less than 3,000,000 inhabitants, the
10presiding trial judge at the defendant's trial, have a court
11order entered expunging the record of arrest from the official
12records of the arresting authority and order that the records
13of the circuit court clerk and the Department be sealed until
14further order of the court upon good cause shown or as
15otherwise provided herein, and the name of the defendant
16obliterated from the official index requested to be kept by the
17circuit court clerk under Section 16 of the Clerks of Courts
18Act in connection with the arrest and conviction for the
19offense for which he or she had been pardoned but the order
20shall not affect any index issued by the circuit court clerk
21before the entry of the order. All records sealed by the
22Department may be disseminated by the Department only to the
23arresting authority, the State's Attorney, and the court upon a
24later arrest for the same or similar offense or for the purpose
25of sentencing for any subsequent felony. Upon conviction for
26any subsequent offense, the Department of Corrections shall

 

 

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1have access to all sealed records of the Department pertaining
2to that individual. Upon entry of the order of expungement, the
3circuit court clerk shall promptly mail a copy of the order to
4the person who was pardoned.
5    (e-5) Whenever a person who has been convicted of an
6offense is granted a certificate of eligibility for sealing by
7the Prisoner Review Board which specifically authorizes
8sealing, he or she may, upon verified petition to the Chief
9Judge of the circuit where the person had been convicted, any
10judge of the circuit designated by the Chief Judge, or in
11counties of less than 3,000,000 inhabitants, the presiding
12trial judge at the petitioner's trial, have a court order
13entered sealing the record of arrest from the official records
14of the arresting authority and order that the records of the
15circuit court clerk and the Department be sealed until further
16order of the court upon good cause shown or as otherwise
17provided herein, and the name of the petitioner obliterated
18from the official index requested to be kept by the circuit
19court clerk under Section 16 of the Clerks of Courts Act in
20connection with the arrest and conviction for the offense for
21which he or she had been granted the certificate but the order
22shall not affect any index issued by the circuit court clerk
23before the entry of the order. All records sealed by the
24Department may be disseminated by the Department only as
25required by this Act or to the arresting authority, a law
26enforcement agency, the State's Attorney, and the court upon a

 

 

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1later arrest for the same or similar offense or for the purpose
2of sentencing for any subsequent felony. Upon conviction for
3any subsequent offense, the Department of Corrections shall
4have access to all sealed records of the Department pertaining
5to that individual. Upon entry of the order of sealing, the
6circuit court clerk shall promptly mail a copy of the order to
7the person who was granted the certificate of eligibility for
8sealing.
9    (e-6) Whenever a person who has been convicted of an
10offense is granted a certificate of eligibility for expungement
11by the Prisoner Review Board which specifically authorizes
12expungement, he or she may, upon verified petition to the Chief
13Judge of the circuit where the person had been convicted, any
14judge of the circuit designated by the Chief Judge, or in
15counties of less than 3,000,000 inhabitants, the presiding
16trial judge at the petitioner's trial, have a court order
17entered expunging the record of arrest from the official
18records of the arresting authority and order that the records
19of the circuit court clerk and the Department be sealed until
20further order of the court upon good cause shown or as
21otherwise provided herein, and the name of the petitioner
22obliterated from the official index requested to be kept by the
23circuit court clerk under Section 16 of the Clerks of Courts
24Act in connection with the arrest and conviction for the
25offense for which he or she had been granted the certificate
26but the order shall not affect any index issued by the circuit

 

 

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1court clerk before the entry of the order. All records sealed
2by the Department may be disseminated by the Department only as
3required by this Act or to the arresting authority, a law
4enforcement agency, the State's Attorney, and the court upon a
5later arrest for the same or similar offense or for the purpose
6of sentencing for any subsequent felony. Upon conviction for
7any subsequent offense, the Department of Corrections shall
8have access to all expunged records of the Department
9pertaining to that individual. Upon entry of the order of
10expungement, the circuit court clerk shall promptly mail a copy
11of the order to the person who was granted the certificate of
12eligibility for expungement.
13    (f) Subject to available funding, the Illinois Department
14of Corrections shall conduct a study of the impact of sealing,
15especially on employment and recidivism rates, utilizing a
16random sample of those who apply for the sealing of their
17criminal records under Public Act 93-211. At the request of the
18Illinois Department of Corrections, records of the Illinois
19Department of Employment Security shall be utilized as
20appropriate to assist in the study. The study shall not
21disclose any data in a manner that would allow the
22identification of any particular individual or employing unit.
23The study shall be made available to the General Assembly no
24later than September 1, 2010.
25    (g) Immediate Sealing.
26        (1) Applicability. Notwithstanding any other provision

 

 

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1    of this Act to the contrary, and cumulative with any rights
2    to expungement or sealing of criminal records, this
3    subsection authorizes the immediate sealing of criminal
4    records of adults and of minors prosecuted as adults.
5        (2) Eligible Records. Arrests or charges not initiated
6    by arrest resulting in acquittal or dismissal with
7    prejudice, except as excluded by subsection (a)(3)(B),
8    that occur on or after January 1, 2018 (the effective date
9    of Public Act 100-282), may be sealed immediately if the
10    petition is filed with the circuit court clerk on the same
11    day and during the same hearing in which the case is
12    disposed.
13        (3) When Records are Eligible to be Immediately Sealed.
14    Eligible records under paragraph (2) of this subsection (g)
15    may be sealed immediately after entry of the final
16    disposition of a case, notwithstanding the disposition of
17    other charges in the same case.
18        (4) Notice of Eligibility for Immediate Sealing. Upon
19    entry of a disposition for an eligible record under this
20    subsection (g), the defendant shall be informed by the
21    court of his or her right to have eligible records
22    immediately sealed and the procedure for the immediate
23    sealing of these records.
24        (5) Procedure. The following procedures apply to
25    immediate sealing under this subsection (g).
26            (A) Filing the Petition. Upon entry of the final

 

 

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1        disposition of the case, the defendant's attorney may
2        immediately petition the court, on behalf of the
3        defendant, for immediate sealing of eligible records
4        under paragraph (2) of this subsection (g) that are
5        entered on or after January 1, 2018 (the effective date
6        of Public Act 100-282). The immediate sealing petition
7        may be filed with the circuit court clerk during the
8        hearing in which the final disposition of the case is
9        entered. If the defendant's attorney does not file the
10        petition for immediate sealing during the hearing, the
11        defendant may file a petition for sealing at any time
12        as authorized under subsection (c)(3)(A).
13            (B) Contents of Petition. The immediate sealing
14        petition shall be verified and shall contain the
15        petitioner's name, date of birth, current address, and
16        for each eligible record, the case number, the date of
17        arrest if applicable, the identity of the arresting
18        authority if applicable, and other information as the
19        court may require.
20            (C) Drug Test. The petitioner shall not be required
21        to attach proof that he or she has passed a drug test.
22            (D) Service of Petition. A copy of the petition
23        shall be served on the State's Attorney in open court.
24        The petitioner shall not be required to serve a copy of
25        the petition on any other agency.
26            (E) Entry of Order. The presiding trial judge shall

 

 

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1        enter an order granting or denying the petition for
2        immediate sealing during the hearing in which it is
3        filed. Petitions for immediate sealing shall be ruled
4        on in the same hearing in which the final disposition
5        of the case is entered.
6            (F) Hearings. The court shall hear the petition for
7        immediate sealing on the same day and during the same
8        hearing in which the disposition is rendered.
9            (G) Service of Order. An order to immediately seal
10        eligible records shall be served in conformance with
11        subsection (d)(8).
12            (H) Implementation of Order. An order to
13        immediately seal records shall be implemented in
14        conformance with subsections (d)(9)(C) and (d)(9)(D).
15            (I) Fees. The fee imposed by the circuit court
16        clerk and the Department of State Police shall comply
17        with paragraph (1) of subsection (d) of this Section.
18            (J) Final Order. No court order issued under this
19        subsection (g) shall become final for purposes of
20        appeal until 30 days after service of the order on the
21        petitioner and all parties entitled to service of the
22        order in conformance with subsection (d)(8).
23            (K) Motion to Vacate, Modify, or Reconsider. Under
24        Section 2-1203 of the Code of Civil Procedure, the
25        petitioner, State's Attorney, or the Department of
26        State Police may file a motion to vacate, modify, or

 

 

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1        reconsider the order denying the petition to
2        immediately seal within 60 days of service of the
3        order. If filed more than 60 days after service of the
4        order, a petition to vacate, modify, or reconsider
5        shall comply with subsection (c) of Section 2-1401 of
6        the Code of Civil Procedure.
7            (L) Effect of Order. An order granting an immediate
8        sealing petition shall not be considered void because
9        it fails to comply with the provisions of this Section
10        or because of an error asserted in a motion to vacate,
11        modify, or reconsider. The circuit court retains
12        jurisdiction to determine whether the order is
13        voidable, and to vacate, modify, or reconsider its
14        terms based on a motion filed under subparagraph (L) of
15        this subsection (g).
16            (M) Compliance with Order Granting Petition to
17        Seal Records. Unless a court has entered a stay of an
18        order granting a petition to immediately seal, all
19        parties entitled to service of the order must fully
20        comply with the terms of the order within 60 days of
21        service of the order.
22    (h) Sealing; trafficking victims.
23        (1) A trafficking victim as defined by paragraph (10)
24    of subsection (a) of Section 10-9 of the Criminal Code of
25    2012 shall be eligible to petition for immediate sealing of
26    his or her criminal record upon the completion of his or

 

 

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1    her last sentence if his or her participation in the
2    underlying offense was a direct result of human trafficking
3    under Section 10-9 of the Criminal Code of 2012 or a severe
4    form of trafficking under the federal Trafficking Victims
5    Protection Act.
6        (2) A petitioner under this subsection (h), in addition
7    to the requirements provided under paragraph (4) of
8    subsection (d) of this Section, shall include in his or her
9    petition a clear and concise statement that: (A) he or she
10    was a victim of human trafficking at the time of the
11    offense; and (B) that his or her participation in the
12    offense was a direct result of human trafficking under
13    Section 10-9 of the Criminal Code of 2012 or a severe form
14    of trafficking under the federal Trafficking Victims
15    Protection Act.
16        (3) If an objection is filed alleging that the
17    petitioner is not entitled to immediate sealing under this
18    subsection (h), the court shall conduct a hearing under
19    paragraph (7) of subsection (d) of this Section and the
20    court shall determine whether the petitioner is entitled to
21    immediate sealing under this subsection (h). A petitioner
22    is eligible for immediate relief under this subsection (h)
23    if he or she shows, by a preponderance of the evidence,
24    that: (A) he or she was a victim of human trafficking at
25    the time of the offense; and (B) that his or her
26    participation in the offense was a direct result of human

 

 

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1    trafficking under Section 10-9 of the Criminal Code of 2012
2    or a severe form of trafficking under the federal
3    Trafficking Victims Protection Act.
4    (i) Minor Cannabis Offenses under the Cannabis Control Act.
5        (1) Expungement of Arrest Records of Minor Cannabis
6    Offenses.
7            (A) The Department of State Police and all law
8        enforcement agencies within the State shall
9        automatically expunge all criminal history records of
10        an arrest, charge not initiated by arrest, order of
11        supervision, or order of qualified probation for a
12        Minor Cannabis Offense committed prior to June 25, 2019
13        (the effective date of Public Act 101-27) this
14        amendatory Act of the 101st General Assembly if:
15                (i) One year or more has elapsed since the date
16            of the arrest or law enforcement interaction
17            documented in the records; and
18                (ii) No criminal charges were filed relating
19            to the arrest or law enforcement interaction or
20            criminal charges were filed and subsequently
21            dismissed or vacated or the arrestee was
22            acquitted; and
23                (iii) The arrest is not associated with an
24            arrest for a violent crime as defined in the Rights
25            of Crime Victims and Witnesses Act.
26            (B) If the law enforcement agency is unable to

 

 

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1        verify satisfaction of condition (ii) in paragraph
2        (A), records that satisfy condition (i) in paragraph
3        (A) shall be automatically expunged.
4            (C) Records shall be expunged by the law
5        enforcement agency pursuant to the procedures set
6        forth in subdivision (d)(9)(A) under the following
7        timelines:
8                (i) Records created prior to June 25, 2019 (the
9            effective date of Public Act 101-27) this
10            amendatory Act of the 101st General Assembly, but
11            on or after January 1, 2013, shall be automatically
12            expunged prior to January 1, 2021;
13                (ii) Records created prior to January 1, 2013,
14            but on or after January 1, 2000, shall be
15            automatically expunged prior to January 1, 2023;
16                (iii) Records created prior to January 1, 2000
17            shall be automatically expunged prior to January
18            1, 2025.
19            In response to an inquiry for expunged records, the
20        law enforcement agency receiving such inquiry shall
21        reply as it does in response to inquiries when no
22        records ever existed; however, it shall provide a
23        certificate of disposition or confirmation that the
24        record was expunged to the individual whose record was
25        expunged if such a record exists.
26            (D) Nothing in this Section shall be construed to

 

 

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1        restrict or modify an individual's right to have that
2        individual's records expunged except as otherwise may
3        be provided in this Act, or diminish or abrogate any
4        rights or remedies otherwise available to the
5        individual.
6        (2) Pardons Authorizing Expungement of Minor Cannabis
7    Offenses.
8            (A) Upon June 25, 2019 (the effective date of
9        Public Act 101-27) this amendatory Act of the 101st
10        General Assembly, the Department of State Police shall
11        review all criminal history record information and
12        identify all records that meet all of the following
13        criteria:
14                (i) one or more convictions for a Minor
15            Cannabis Offense;
16                (ii) the conviction identified in paragraph
17            (2)(A)(i) did not include a penalty enhancement
18            under Section 7 of the Cannabis Control Act; and
19                (iii) the conviction identified in paragraph
20            (2)(A)(i) is not associated with a an arrest,
21            conviction or other disposition for a violent
22            crime as defined in subsection (c) of Section 3 of
23            the Rights of Crime Victims and Witnesses Act.
24            (B) Within 180 days after June 25, 2019 (the
25        effective date of Public Act 101-27) this amendatory
26        Act of the 101st General Assembly, the Department of

 

 

10100SB1557ham001- 45 -LRB101 08168 WGH 64593 a

1        State Police shall notify the Prisoner Review Board of
2        all such records that meet the criteria established in
3        paragraph (2)(A).
4                (i) The Prisoner Review Board shall notify the
5            State's Attorney of the county of conviction of
6            each record identified by State Police in
7            paragraph (2)(A) that is classified as a Class 4
8            felony. The State's Attorney may provide a written
9            objection to the Prisoner Review Board on the sole
10            basis that the record identified does not meet the
11            criteria established in paragraph (2)(A). Such an
12            objection must be filed within 60 days or by such
13            later date set by Prisoner Review Board in the
14            notice after the State's Attorney received notice
15            from the Prisoner Review Board.
16                (ii) In response to a written objection from a
17            State's Attorney, the Prisoner Review Board is
18            authorized to conduct a non-public hearing to
19            evaluate the information provided in the
20            objection.
21                (iii) The Prisoner Review Board shall make a
22            confidential and privileged recommendation to the
23            Governor as to whether to grant a pardon
24            authorizing expungement for each of the records
25            identified by the Department of State Police as
26            described in paragraph (2)(A).

 

 

10100SB1557ham001- 46 -LRB101 08168 WGH 64593 a

1            (C) If an individual has been granted a pardon
2        authorizing expungement as described in this Section,
3        the Prisoner Review Board, through the Attorney
4        General, shall file a petition for expungement with the
5        Chief Judge of the circuit or any judge of the circuit
6        designated by the Chief Judge where the individual had
7        been convicted. Such petition may include more than one
8        individual. Whenever an individual who has been
9        convicted of an offense is granted a pardon by the
10        Governor that specifically authorizes expungement, an
11        objection to the petition may not be filed. Petitions
12        to expunge under this subsection (i) may include more
13        than one individual. Within 90 days of the filing of
14        such a petition, the court shall enter an order
15        expunging the records of arrest from the official
16        records of the arresting authority and order that the
17        records of the circuit court clerk and the Department
18        of State Police be expunged and the name of the
19        defendant obliterated from the official index
20        requested to be kept by the circuit court clerk under
21        Section 16 of the Clerks of Courts Act in connection
22        with the arrest and conviction for the offense for
23        which the individual had received a pardon but the
24        order shall not affect any index issued by the circuit
25        court clerk before the entry of the order. Upon entry
26        of the order of expungement, the circuit court clerk

 

 

10100SB1557ham001- 47 -LRB101 08168 WGH 64593 a

1        shall promptly provide a copy of the order and a
2        certificate of disposition to the individual who was
3        pardoned to the individual's last known address or by
4        electronic means (if available) or otherwise make it
5        available to the individual who was pardoned to the
6        individual's last known address or otherwise make
7        available to the individual upon request.
8            (D) Nothing in this Section is intended to diminish
9        or abrogate any rights or remedies otherwise available
10        to the individual.
11        (3) Any individual may file a motion to vacate and
12    expunge a conviction for a misdemeanor or Class 4 felony
13    violation of Section 4 or Section 5 of the Cannabis Control
14    Act. Motions to vacate and expunge under this subsection
15    (i) may be filed with the circuit court, Chief Judge of a
16    judicial circuit or any judge of the circuit designated by
17    the Chief Judge. The circuit court clerk shall promptly
18    serve a copy of the motion to vacate and expunge, and any
19    supporting documentation, on the State's Attorney or
20    prosecutor charged with the duty of prosecuting the
21    offense. When considering such a motion to vacate and
22    expunge, a court shall consider the following: the reasons
23    to retain the records provided by law enforcement, the
24    petitioner's age, the petitioner's age at the time of
25    offense, the time since the conviction, and the specific
26    adverse consequences if denied. An individual may file such

 

 

10100SB1557ham001- 48 -LRB101 08168 WGH 64593 a

1    a petition after the completion of any non-financial
2    sentence or non-financial condition imposed by the
3    conviction. Within 60 days of the filing of such motion, a
4    State's Attorney may file an objection to such a petition
5    along with supporting evidence. If a motion to vacate and
6    expunge is granted, the records shall be expunged in
7    accordance with subparagraphs (d)(8) and sentence or
8    condition imposed by the conviction. Within 60 days of the
9    filing of such motion, a State's Attorney may file an
10    objection to such a petition along with supporting
11    evidence. If a motion to vacate and expunge is granted, the
12    records shall be expunged in accordance with subparagraph
13    (d)(9)(A) of this Section. An agency providing civil legal
14    aid, as defined by Section 15 of the Public Interest
15    Attorney Assistance Act, assisting individuals seeking to
16    file a motion to vacate and expunge under this subsection
17    may file motions to vacate and expunge with the Chief Judge
18    of a judicial circuit or any judge of the circuit
19    designated by the Chief Judge, and the motion may include
20    more than one individual. Motions filed by an agency
21    providing civil legal aid concerning more than one
22    individual may be prepared, presented, and signed
23    electronically.
24        (4) Any State's Attorney may file a motion to vacate
25    and expunge a conviction for a misdemeanor or Class 4
26    felony violation of Section 4 or Section 5 of the Cannabis

 

 

10100SB1557ham001- 49 -LRB101 08168 WGH 64593 a

1    Control Act. Motions to vacate and expunge under this
2    subsection (i) may be filed with the circuit court, Chief
3    Judge of a judicial circuit or any judge of the circuit
4    designated by the Chief Judge, and may include more than
5    one individual. Motions filed by a State's Attorney
6    concerning more than one individual may be prepared,
7    presented, and signed electronically. When considering
8    such a motion to vacate and expunge, a court shall consider
9    the following: the reasons to retain the records provided
10    by law enforcement, the individual's age, the individual's
11    age at the time of offense, the time since the conviction,
12    and the specific adverse consequences if denied. Upon entry
13    of an order granting a motion to vacate and expunge records
14    pursuant to this Section, the State's Attorney shall notify
15    the Prisoner Review Board within 30 days. Upon entry of the
16    order of expungement, the circuit court clerk shall
17    promptly provide a copy of the order and a certificate of
18    disposition to the individual whose records will be
19    expunged to the individual's last known address or by
20    electronic means (if available) or otherwise make
21    available to the individual upon request. If a motion to
22    vacate and expunge is granted, the records shall be
23    expunged in accordance with subparagraphs (d)(8) and
24    (d)(9)(A) of this Section. If the State's Attorney files a
25    motion to vacate and expunge records for Minor Cannabis
26    Offenses pursuant to this Section, the State's Attorney

 

 

10100SB1557ham001- 50 -LRB101 08168 WGH 64593 a

1    shall notify the Prisoner Review Board within 30 days of
2    such filing. If a motion to vacate and expunge is granted,
3    the records shall be expunged in accordance with
4    subparagraph (d)(9)(A) of this Section.
5        (5) In the public interest, the State's Attorney of a
6    county has standing to file motions to vacate and expunge
7    pursuant to this Section in the circuit court with
8    jurisdiction over the underlying conviction.
9        (6) If a person is arrested for a Minor Cannabis
10    Offense as defined in this Section before June 25, 2019
11    (the effective date of Public Act 101-27) this amendatory
12    Act of the 101st General Assembly and the person's case is
13    still pending but a sentence has not been imposed, the
14    person may petition the court in which the charges are
15    pending for an order to summarily dismiss those charges
16    against him or her, and expunge all official records of his
17    or her arrest, plea, trial, conviction, incarceration,
18    supervision, or expungement. If the court determines, upon
19    review, that: (A) the person was arrested before June 25,
20    2019 (the effective date of Public Act 101-27) this
21    amendatory Act of the 101st General Assembly for an offense
22    that has been made eligible for expungement; (B) the case
23    is pending at the time; and (C) the person has not been
24    sentenced of the minor cannabis violation eligible for
25    expungement under this subsection, the court shall
26    consider the following: the reasons to retain the records

 

 

10100SB1557ham001- 51 -LRB101 08168 WGH 64593 a

1    provided by law enforcement, the petitioner's age, the
2    petitioner's age at the time of offense, the time since the
3    conviction, and the specific adverse consequences if
4    denied. If a motion to dismiss and expunge is granted, the
5    records shall be expunged in accordance with subparagraph
6    (d)(9)(A) of this Section.
7        (7) A person imprisoned solely as a result of one or
8    more convictions for Minor Cannabis Offenses under this
9    subsection (i) shall be released from incarceration upon
10    the issuance of an order under this subsection.
11        (8) The Department of State Police shall allow a person
12    to use the access and review process, established in the
13    Department of State Police, for verifying that his or her
14    records relating to Minor Cannabis Offenses of the Cannabis
15    Control Act eligible under this Section have been expunged.
16        (9) No conviction vacated pursuant to this Section
17    shall serve as the basis for damages for time unjustly
18    served as provided in the Court of Claims Act.
19        (10) Effect of Expungement. A person's right to expunge
20    an expungeable offense shall not be limited under this
21    Section. The effect of an order of expungement shall be to
22    restore the person to the status he or she occupied before
23    the arrest, charge, or conviction.
24        (11) Information. The Department of State Police shall
25    post general information on its website about the
26    expungement process described in this subsection (i).

 

 

10100SB1557ham001- 52 -LRB101 08168 WGH 64593 a

1(Source: P.A. 100-201, eff. 8-18-17; 100-282, eff. 1-1-18;
2100-284, eff. 8-24-17; 100-287, eff. 8-24-17; 100-692, eff.
38-3-18; 100-759, eff. 1-1-19; 100-776, eff. 8-10-18; 100-863,
4eff. 8-14-18; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
5101-159, eff. 1-1-20; 101-306, eff. 8-9-19; revised 9-25-19.)
 
6    Section 6. The Use Tax Act is amended by changing Section
73-10 as follows:
 
8    (35 ILCS 105/3-10)
9    Sec. 3-10. Rate of tax. Unless otherwise provided in this
10Section, the tax imposed by this Act is at the rate of 6.25% of
11either the selling price or the fair market value, if any, of
12the tangible personal property. In all cases where property
13functionally used or consumed is the same as the property that
14was purchased at retail, then the tax is imposed on the selling
15price of the property. In all cases where property functionally
16used or consumed is a by-product or waste product that has been
17refined, manufactured, or produced from property purchased at
18retail, then the tax is imposed on the lower of the fair market
19value, if any, of the specific property so used in this State
20or on the selling price of the property purchased at retail.
21For purposes of this Section "fair market value" means the
22price at which property would change hands between a willing
23buyer and a willing seller, neither being under any compulsion
24to buy or sell and both having reasonable knowledge of the

 

 

10100SB1557ham001- 53 -LRB101 08168 WGH 64593 a

1relevant facts. The fair market value shall be established by
2Illinois sales by the taxpayer of the same property as that
3functionally used or consumed, or if there are no such sales by
4the taxpayer, then comparable sales or purchases of property of
5like kind and character in Illinois.
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    Beginning on August 6, 2010 through August 15, 2010, with
11respect to sales tax holiday items as defined in Section 3-6 of
12this Act, the tax is imposed at the rate of 1.25%.
13    With respect to gasohol, the tax imposed by this Act
14applies to (i) 70% of the proceeds of sales made on or after
15January 1, 1990, and before July 1, 2003, (ii) 80% of the
16proceeds of sales made on or after July 1, 2003 and on or
17before July 1, 2017, and (iii) 100% of the proceeds of sales
18made thereafter. If, at any time, however, the tax under this
19Act on sales of gasohol is imposed at the rate of 1.25%, then
20the tax imposed by this Act applies to 100% of the proceeds of
21sales of gasohol made during that time.
22    With respect to majority blended ethanol fuel, the tax
23imposed by this Act does not apply to the proceeds of sales
24made on or after July 1, 2003 and on or before December 31,
252023 but applies to 100% of the proceeds of sales made
26thereafter.

 

 

10100SB1557ham001- 54 -LRB101 08168 WGH 64593 a

1    With respect to biodiesel blends with no less than 1% and
2no more than 10% biodiesel, the tax imposed by this Act applies
3to (i) 80% of the proceeds of sales made on or after July 1,
42003 and on or before December 31, 2018 and (ii) 100% of the
5proceeds of sales made thereafter. If, at any time, however,
6the tax under this Act on sales of biodiesel blends with no
7less than 1% and no more than 10% biodiesel is imposed at the
8rate of 1.25%, then the tax imposed by this Act applies to 100%
9of the proceeds of sales of biodiesel blends with no less than
101% and no more than 10% biodiesel made during that time.
11    With respect to 100% biodiesel and biodiesel blends with
12more than 10% but no more than 99% biodiesel, the tax imposed
13by this Act does not apply to the proceeds of sales made on or
14after July 1, 2003 and on or before December 31, 2023 but
15applies to 100% of the proceeds of sales made thereafter.
16    With respect to food for human consumption that is to be
17consumed off the premises where it is sold (other than
18alcoholic beverages, food consisting of or infused with adult
19use cannabis, soft drinks, and food that has been prepared for
20immediate consumption) and prescription and nonprescription
21medicines, drugs, medical appliances, products classified as
22Class III medical devices by the United States Food and Drug
23Administration that are used for cancer treatment pursuant to a
24prescription, as well as any accessories and components related
25to those devices, modifications to a motor vehicle for the
26purpose of rendering it usable by a person with a disability,

 

 

10100SB1557ham001- 55 -LRB101 08168 WGH 64593 a

1and insulin, urine testing materials, syringes, and needles
2used by diabetics, for human use, the tax is imposed at the
3rate of 1%. For the purposes of this Section, until September
41, 2009: the term "soft drinks" means any complete, finished,
5ready-to-use, non-alcoholic drink, whether carbonated or not,
6including but not limited to soda water, cola, fruit juice,
7vegetable juice, carbonated water, and all other preparations
8commonly known as soft drinks of whatever kind or description
9that are contained in any closed or sealed bottle, can, carton,
10or container, regardless of size; but "soft drinks" does not
11include coffee, tea, non-carbonated water, infant formula,
12milk or milk products as defined in the Grade A Pasteurized
13Milk and Milk Products Act, or drinks containing 50% or more
14natural fruit or vegetable juice.
15    Notwithstanding any other provisions of this Act,
16beginning September 1, 2009, "soft drinks" means non-alcoholic
17beverages that contain natural or artificial sweeteners. "Soft
18drinks" do not include beverages that contain milk or milk
19products, soy, rice or similar milk substitutes, or greater
20than 50% of vegetable or fruit juice by volume.
21    Until August 1, 2009, and notwithstanding any other
22provisions of this Act, "food for human consumption that is to
23be consumed off the premises where it is sold" includes all
24food sold through a vending machine, except soft drinks and
25food products that are dispensed hot from a vending machine,
26regardless of the location of the vending machine. Beginning

 

 

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

 

 

10100SB1557ham001- 57 -LRB101 08168 WGH 64593 a

1as required by 21 C.F.R. 201.66. The "over-the-counter-drug"
2label includes:
3        (A) A "Drug Facts" panel; or
4        (B) A statement of the "active ingredient(s)" with a
5    list of those ingredients contained in the compound,
6    substance or preparation.
7    Beginning on the effective date of this amendatory Act of
8the 98th General Assembly, "prescription and nonprescription
9medicines and drugs" includes medical cannabis purchased from a
10registered dispensing organization under the Compassionate Use
11of Medical Cannabis Program Act.
12    As used in this Section, "adult use cannabis" means
13cannabis subject to tax under the Cannabis Cultivation
14Privilege Tax Law and the Cannabis Purchaser Excise Tax Law and
15does not include cannabis subject to tax under the
16Compassionate Use of Medical Cannabis Program Act.
17    If the property that is purchased at retail from a retailer
18is acquired outside Illinois and used outside Illinois before
19being brought to Illinois for use here and is taxable under
20this Act, the "selling price" on which the tax is computed
21shall be reduced by an amount that represents a reasonable
22allowance for depreciation for the period of prior out-of-state
23use.
24(Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19.)
 
25    Section 7. The Service Use Tax Act is amended by changing

 

 

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1Section 3-10 as follows:
 
2    (35 ILCS 110/3-10)  (from Ch. 120, par. 439.33-10)
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
5the selling price of tangible personal property transferred as
6an incident to the sale of service, but, for the purpose of
7computing this tax, in no event shall the selling price be less
8than the cost price of the property to the serviceman.
9    Beginning on July 1, 2000 and through December 31, 2000,
10with respect to motor fuel, as defined in Section 1.1 of the
11Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
12the Use Tax Act, the tax is imposed at the rate of 1.25%.
13    With respect to gasohol, as defined in the Use Tax Act, the
14tax imposed by this Act applies to (i) 70% of the selling price
15of property transferred as an incident to the sale of service
16on or after January 1, 1990, and before July 1, 2003, (ii) 80%
17of the selling price of property transferred as an incident to
18the sale of service on or after July 1, 2003 and on or before
19July 1, 2017, and (iii) 100% of the selling price thereafter.
20If, at any time, however, the tax under this Act on sales of
21gasohol, as defined in the Use Tax Act, is imposed at the rate
22of 1.25%, then the tax imposed by this Act applies to 100% of
23the proceeds of sales of gasohol made during that time.
24    With respect to majority blended ethanol fuel, as defined
25in the Use Tax Act, the tax imposed by this Act does not apply

 

 

10100SB1557ham001- 59 -LRB101 08168 WGH 64593 a

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

 

 

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1incident to the sales of service is less than 35%, or 75% in
2the case of servicemen transferring prescription drugs or
3servicemen engaged in graphic arts production, of the aggregate
4annual total gross receipts from all sales of service, the tax
5imposed by this Act shall be based on the serviceman's cost
6price of the tangible personal property transferred as an
7incident to the sale of those services.
8    The tax shall be imposed at the rate of 1% on food prepared
9for immediate consumption and transferred incident to a sale of
10service subject to this Act or the Service Occupation Tax Act
11by an entity licensed under the Hospital Licensing Act, the
12Nursing Home Care Act, the ID/DD Community Care Act, the MC/DD
13Act, the Specialized Mental Health Rehabilitation Act of 2013,
14or the Child Care Act of 1969. The tax shall also be imposed at
15the rate of 1% on food for human consumption that is to be
16consumed off the premises where it is sold (other than
17alcoholic beverages, food consisting of or infused with adult
18use cannabis, soft drinks, and food that has been prepared for
19immediate consumption and is not otherwise included in this
20paragraph) and prescription and nonprescription medicines,
21drugs, medical appliances, products classified as Class III
22medical devices by the United States Food and Drug
23Administration that are used for cancer treatment pursuant to a
24prescription, as well as any accessories and components related
25to those devices, modifications to a motor vehicle for the
26purpose of rendering it usable by a person with a disability,

 

 

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

 

 

10100SB1557ham001- 62 -LRB101 08168 WGH 64593 a

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

 

 

10100SB1557ham001- 63 -LRB101 08168 WGH 64593 a

1as required by 21 C.F.R. 201.66. The "over-the-counter-drug"
2label includes:
3        (A) A "Drug Facts" panel; or
4        (B) A statement of the "active ingredient(s)" with a
5    list of those ingredients contained in the compound,
6    substance or preparation.
7    Beginning on January 1, 2014 (the effective date of Public
8Act 98-122), "prescription and nonprescription medicines and
9drugs" includes medical cannabis purchased from a registered
10dispensing organization under the Compassionate Use of Medical
11Cannabis Program Act.
12    As used in this Section, "adult use cannabis" means
13cannabis subject to tax under the Cannabis Cultivation
14Privilege Tax Law and the Cannabis Purchaser Excise Tax Law and
15does not include cannabis subject to tax under the
16Compassionate Use of Medical Cannabis Program Act.
17    If the property that is acquired from a serviceman is
18acquired outside Illinois and used outside Illinois before
19being brought to Illinois for use here and is taxable under
20this Act, the "selling price" on which the tax is computed
21shall be reduced by an amount that represents a reasonable
22allowance for depreciation for the period of prior out-of-state
23use.
24(Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19.)
 
25    Section 8. The Service Occupation Tax Act is amended by

 

 

10100SB1557ham001- 64 -LRB101 08168 WGH 64593 a

1changing Section 3-10 as follows:
 
2    (35 ILCS 115/3-10)  (from Ch. 120, par. 439.103-10)
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
5the "selling price", as defined in Section 2 of the Service Use
6Tax Act, of the tangible personal property. For the purpose of
7computing this tax, in no event shall the "selling price" be
8less than the cost price to the serviceman of the tangible
9personal property transferred. The selling price of each item
10of tangible personal property transferred as an incident of a
11sale of service may be shown as a distinct and separate item on
12the serviceman's billing to the service customer. If the
13selling price is not so shown, the selling price of the
14tangible personal property is deemed to be 50% of the
15serviceman's entire billing to the service customer. When,
16however, a serviceman contracts to design, develop, and produce
17special order machinery or equipment, the tax imposed by this
18Act shall be based on the serviceman's cost price of the
19tangible personal property transferred incident to the
20completion of the contract.
21    Beginning on July 1, 2000 and through December 31, 2000,
22with respect to motor fuel, as defined in Section 1.1 of the
23Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
24the Use Tax Act, the tax is imposed at the rate of 1.25%.
25    With respect to gasohol, as defined in the Use Tax Act, the

 

 

10100SB1557ham001- 65 -LRB101 08168 WGH 64593 a

1tax imposed by this Act shall apply to (i) 70% of the cost
2price of property transferred as an incident to the sale of
3service on or after January 1, 1990, and before July 1, 2003,
4(ii) 80% of the selling price of property transferred as an
5incident to the sale of service on or after July 1, 2003 and on
6or before July 1, 2017, and (iii) 100% of the cost price
7thereafter. If, at any time, however, the tax under this Act on
8sales of gasohol, as defined in the Use Tax Act, is imposed at
9the rate of 1.25%, then the tax imposed by this Act applies to
10100% of the proceeds of sales of gasohol made during that time.
11    With respect to majority blended ethanol fuel, as defined
12in the Use Tax Act, the tax imposed by this Act does not apply
13to the selling price of property transferred as an incident to
14the sale of service on or after July 1, 2003 and on or before
15December 31, 2023 but applies to 100% of the selling price
16thereafter.
17    With respect to biodiesel blends, as defined in the Use Tax
18Act, with no less than 1% and no more than 10% biodiesel, the
19tax imposed by this Act applies to (i) 80% of the selling price
20of property transferred as an incident to the sale of service
21on or after July 1, 2003 and on or before December 31, 2018 and
22(ii) 100% of the proceeds of the selling price thereafter. If,
23at any time, however, the tax under this Act on sales of
24biodiesel blends, as defined in the Use Tax Act, with no less
25than 1% and no more than 10% biodiesel is imposed at the rate
26of 1.25%, then the tax imposed by this Act applies to 100% of

 

 

10100SB1557ham001- 66 -LRB101 08168 WGH 64593 a

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

 

 

10100SB1557ham001- 67 -LRB101 08168 WGH 64593 a

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

 

 

10100SB1557ham001- 68 -LRB101 08168 WGH 64593 a

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

 

 

10100SB1557ham001- 69 -LRB101 08168 WGH 64593 a

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

 

 

10100SB1557ham001- 70 -LRB101 08168 WGH 64593 a

1does not include cannabis subject to tax under the
2Compassionate Use of Medical Cannabis Program Act.
3(Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19.)
 
4    Section 9. The Retailers' Occupation Tax Act is amended by
5changing Section 2-10 as follows:
 
6    (35 ILCS 120/2-10)
7    Sec. 2-10. Rate of tax. Unless otherwise provided in this
8Section, the tax imposed by this Act is at the rate of 6.25% of
9gross receipts from sales of tangible personal property made in
10the course of business.
11    Beginning on July 1, 2000 and through December 31, 2000,
12with respect to motor fuel, as defined in Section 1.1 of the
13Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
14the Use Tax Act, the tax is imposed at the rate of 1.25%.
15    Beginning on August 6, 2010 through August 15, 2010, with
16respect to sales tax holiday items as defined in Section 2-8 of
17this Act, the tax is imposed at the rate of 1.25%.
18    Within 14 days after the effective date of this amendatory
19Act of the 91st General Assembly, each retailer of motor fuel
20and gasohol shall cause the following notice to be posted in a
21prominently visible place on each retail dispensing device that
22is used to dispense motor fuel or gasohol in the State of
23Illinois: "As of July 1, 2000, the State of Illinois has
24eliminated the State's share of sales tax on motor fuel and

 

 

10100SB1557ham001- 71 -LRB101 08168 WGH 64593 a

1gasohol through December 31, 2000. The price on this pump
2should reflect the elimination of the tax." The notice shall be
3printed in bold print on a sign that is no smaller than 4
4inches by 8 inches. The sign shall be clearly visible to
5customers. Any retailer who fails to post or maintain a
6required sign through December 31, 2000 is guilty of a petty
7offense for which the fine shall be $500 per day per each
8retail premises where a violation occurs.
9    With respect to gasohol, as defined in the Use Tax Act, the
10tax imposed by this Act applies to (i) 70% of the proceeds of
11sales made on or after January 1, 1990, and before July 1,
122003, (ii) 80% of the proceeds of sales made on or after July
131, 2003 and on or before July 1, 2017, and (iii) 100% of the
14proceeds of sales made thereafter. If, at any time, however,
15the tax under this Act on sales of gasohol, as defined in the
16Use Tax Act, is imposed at the rate of 1.25%, then the tax
17imposed by this Act applies to 100% of the proceeds of sales of
18gasohol made during that time.
19    With respect to majority blended ethanol fuel, as defined
20in the Use Tax Act, the tax imposed by this Act does not apply
21to the proceeds of sales made on or after July 1, 2003 and on or
22before December 31, 2023 but applies to 100% of the proceeds of
23sales made thereafter.
24    With respect to biodiesel blends, as defined in the Use Tax
25Act, with no less than 1% and no more than 10% biodiesel, the
26tax imposed by this Act applies to (i) 80% of the proceeds of

 

 

10100SB1557ham001- 72 -LRB101 08168 WGH 64593 a

1sales made on or after July 1, 2003 and on or before December
231, 2018 and (ii) 100% of the proceeds of sales made
3thereafter. If, at any time, however, the tax under this Act on
4sales of biodiesel blends, as defined in the Use Tax Act, with
5no less than 1% and no more than 10% biodiesel is imposed at
6the rate of 1.25%, then the tax imposed by this Act applies to
7100% of the proceeds of sales of biodiesel blends with no less
8than 1% and no more than 10% biodiesel made during that time.
9    With respect to 100% biodiesel, as defined in the Use Tax
10Act, and biodiesel blends, as defined in the Use Tax Act, with
11more than 10% but no more than 99% biodiesel, the tax imposed
12by this Act does not apply to the proceeds of sales made on or
13after July 1, 2003 and on or before December 31, 2023 but
14applies to 100% of the proceeds of sales made thereafter.
15    With respect to food for human consumption that is to be
16consumed off the premises where it is sold (other than
17alcoholic beverages, food consisting of or infused with adult
18use cannabis, soft drinks, and food that has been prepared for
19immediate consumption) and prescription and nonprescription
20medicines, drugs, medical appliances, products classified as
21Class III medical devices by the United States Food and Drug
22Administration that are used for cancer treatment pursuant to a
23prescription, as well as any accessories and components related
24to those devices, modifications to a motor vehicle for the
25purpose of rendering it usable by a person with a disability,
26and insulin, urine testing materials, syringes, and needles

 

 

10100SB1557ham001- 73 -LRB101 08168 WGH 64593 a

1used by diabetics, for human use, the tax is imposed at the
2rate of 1%. For the purposes of this Section, until September
31, 2009: the term "soft drinks" means any complete, finished,
4ready-to-use, non-alcoholic drink, whether carbonated or not,
5including but not limited to soda water, cola, fruit juice,
6vegetable juice, carbonated water, and all other preparations
7commonly known as soft drinks of whatever kind or description
8that are contained in any closed or sealed bottle, can, carton,
9or container, regardless of size; but "soft drinks" does not
10include coffee, tea, non-carbonated water, infant formula,
11milk or milk products as defined in the Grade A Pasteurized
12Milk and Milk Products Act, or drinks containing 50% or more
13natural fruit or vegetable juice.
14    Notwithstanding any other provisions of this Act,
15beginning September 1, 2009, "soft drinks" means non-alcoholic
16beverages that contain natural or artificial sweeteners. "Soft
17drinks" do not include beverages that contain milk or milk
18products, soy, rice or similar milk substitutes, or greater
19than 50% of vegetable or fruit juice by volume.
20    Until August 1, 2009, and notwithstanding any other
21provisions of this Act, "food for human consumption that is to
22be consumed off the premises where it is sold" includes all
23food sold through a vending machine, except soft drinks and
24food products that are dispensed hot from a vending machine,
25regardless of the location of the vending machine. Beginning
26August 1, 2009, and notwithstanding any other provisions of

 

 

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

 

 

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1label includes:
2        (A) A "Drug Facts" panel; or
3        (B) A statement of the "active ingredient(s)" with a
4    list of those ingredients contained in the compound,
5    substance or preparation.
6    Beginning on the effective date of this amendatory Act of
7the 98th General Assembly, "prescription and nonprescription
8medicines and drugs" includes medical cannabis purchased from a
9registered dispensing organization under the Compassionate Use
10of Medical Cannabis Program Act.
11    As used in this Section, "adult use cannabis" means
12cannabis subject to tax under the Cannabis Cultivation
13Privilege Tax Law and the Cannabis Purchaser Excise Tax Law and
14does not include cannabis subject to tax under the
15Compassionate Use of Medical Cannabis Program Act.
16(Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19.)
 
17    Section 10. The Tobacco Products Tax Act of 1995 is amended
18by changing Section 10-5 as follows:
 
19    (35 ILCS 143/10-5)
20    Sec. 10-5. Definitions. For purposes of this Act:
21    "Business" means any trade, occupation, activity, or
22enterprise engaged in, at any location whatsoever, for the
23purpose of selling tobacco products.
24    "Cigarette" has the meaning ascribed to the term in Section

 

 

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11 of the Cigarette Tax Act.
2    "Contraband little cigar" means:
3        (1) packages of little cigars containing 20 or 25
4    little cigars that do not bear a required tax stamp under
5    this Act;
6        (2) packages of little cigars containing 20 or 25
7    little cigars that bear a fraudulent, imitation, or
8    counterfeit tax stamp;
9        (3) packages of little cigars containing 20 or 25
10    little cigars that are improperly tax stamped, including
11    packages of little cigars that bear only a tax stamp of
12    another state or taxing jurisdiction; or
13        (4) packages of little cigars containing other than 20
14    or 25 little cigars in the possession of a distributor,
15    retailer or wholesaler, unless the distributor, retailer,
16    or wholesaler possesses, or produces within the time frame
17    provided in Section 10-27 or 10-28 of this Act, an invoice
18    from a stamping distributor, distributor, or wholesaler
19    showing that the tax on the packages has been or will be
20    paid.
21    "Correctional Industries program" means a program run by a
22State penal institution in which residents of the penal
23institution produce tobacco products for sale to persons
24incarcerated in penal institutions or resident patients of a
25State operated mental health facility.
26    "Department" means the Illinois Department of Revenue.

 

 

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1    "Distributor" means any of the following:
2        (1) Any manufacturer or wholesaler in this State
3    engaged in the business of selling tobacco products who
4    sells, exchanges, or distributes tobacco products to
5    retailers or consumers in this State.
6        (2) Any manufacturer or wholesaler engaged in the
7    business of selling tobacco products from without this
8    State who sells, exchanges, distributes, ships, or
9    transports tobacco products to retailers or consumers
10    located in this State, so long as that manufacturer or
11    wholesaler has or maintains within this State, directly or
12    by subsidiary, an office, sales house, or other place of
13    business, or any agent or other representative operating
14    within this State under the authority of the person or
15    subsidiary, irrespective of whether the place of business
16    or agent or other representative is located here
17    permanently or temporarily.
18        (3) Any retailer who receives tobacco products on which
19    the tax has not been or will not be paid by another
20    distributor.
21    "Distributor" does not include any person, wherever
22resident or located, who makes, manufactures, or fabricates
23tobacco products as part of a Correctional Industries program
24for sale to residents incarcerated in penal institutions or
25resident patients of a State operated mental health facility.
26    "Electronic cigarette" means:

 

 

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1        (1) any device that employs a battery or other
2    mechanism to heat a solution or substance to produce a
3    vapor or aerosol intended for inhalation;
4        (2) any cartridge or container of a solution or
5    substance intended to be used with or in the device or to
6    refill the device; or
7        (3) any solution or substance, whether or not it
8    contains nicotine, intended for use in the device.
9    "Electronic cigarette" includes, but is not limited to, any
10electronic nicotine delivery system, electronic cigar,
11electronic cigarillo, electronic pipe, electronic hookah, vape
12pen, or similar product or device, and any component or part
13that can be used to build the product or device. "Electronic
14cigarette" does not include: cigarettes, as defined in Section
151 of the Cigarette Tax Act; any product approved by the United
16States Food and Drug Administration for sale as a tobacco
17cessation product, a tobacco dependence product, or for other
18medical purposes that is marketed and sold solely for that
19approved purpose; any asthma inhaler prescribed by a physician
20for that condition that is marketed and sold solely for that
21approved purpose; or any therapeutic product approved for use
22under the Compassionate Use of Medical Cannabis Pilot Program
23Act.
24    "Little cigar" means and includes any roll, made wholly or
25in part of tobacco, where such roll has an integrated cellulose
26acetate filter and weighs less than 4 pounds per thousand and

 

 

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1the wrapper or cover of which is made in whole or in part of
2tobacco.
3    "Manufacturer" means any person, wherever resident or
4located, who manufactures and sells tobacco products, except a
5person who makes, manufactures, or fabricates tobacco products
6as a part of a Correctional Industries program for sale to
7persons incarcerated in penal institutions or resident
8patients of a State operated mental health facility.
9    Beginning on January 1, 2013, "moist snuff" means any
10finely cut, ground, or powdered tobacco that is not intended to
11be smoked, but shall not include any finely cut, ground, or
12powdered tobacco that is intended to be placed in the nasal
13cavity.
14    "Person" means any natural individual, firm, partnership,
15association, joint stock company, joint venture, limited
16liability company, or public or private corporation, however
17formed, or a receiver, executor, administrator, trustee,
18conservator, or other representative appointed by order of any
19court.
20    "Place of business" means and includes any place where
21tobacco products are sold or where tobacco products are
22manufactured, stored, or kept for the purpose of sale or
23consumption, including any vessel, vehicle, airplane, train,
24or vending machine.
25    "Retailer" means any person in this State engaged in the
26business of selling tobacco products to consumers in this

 

 

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1State, regardless of quantity or number of sales.
2    "Sale" means any transfer, exchange, or barter in any
3manner or by any means whatsoever for a consideration and
4includes all sales made by persons.
5    "Stamp" or "stamps" mean the indicia required to be affixed
6on a package of little cigars that evidence payment of the tax
7on packages of little cigars containing 20 or 25 little cigars
8under Section 10-10 of this Act. These stamps shall be the same
9stamps used for cigarettes under the Cigarette Tax Act.
10    "Stamping distributor" means a distributor licensed under
11this Act and also licensed as a distributor under the Cigarette
12Tax Act or Cigarette Use Tax Act.
13    "Tobacco products" means any cigars, including little
14cigars; cheroots; stogies; periques; granulated, plug cut,
15crimp cut, ready rubbed, and other smoking tobacco; snuff
16(including moist snuff) or snuff flour; cavendish; plug and
17twist tobacco; fine-cut and other chewing tobaccos; shorts;
18refuse scraps, clippings, cuttings, and sweeping of tobacco;
19and other kinds and forms of tobacco, prepared in such manner
20as to be suitable for chewing or smoking in a pipe or
21otherwise, or both for chewing and smoking; but does not
22include cigarettes as defined in Section 1 of the Cigarette Tax
23Act or tobacco purchased for the manufacture of cigarettes by
24cigarette distributors and manufacturers defined in the
25Cigarette Tax Act and persons who make, manufacture, or
26fabricate cigarettes as a part of a Correctional Industries

 

 

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1program for sale to residents incarcerated in penal
2institutions or resident patients of a State operated mental
3health facility.
4    Beginning on July 1, 2019, "tobacco products" also includes
5electronic cigarettes.
6    "Wholesale price" means the established list price for
7which a manufacturer sells tobacco products to a distributor,
8before the allowance of any discount, trade allowance, rebate,
9or other reduction. In the absence of such an established list
10price, the manufacturer's invoice price at which the
11manufacturer sells the tobacco product to unaffiliated
12distributors, before any discounts, trade allowances, rebates,
13or other reductions, shall be presumed to be the wholesale
14price.
15    "Wholesaler" means any person, wherever resident or
16located, engaged in the business of selling tobacco products to
17others for the purpose of resale. "Wholesaler", when used in
18this Act, does not include a person licensed as a distributor
19under Section 10-20 of this Act unless expressly stated in this
20Act.
21(Source: P.A. 101-31, eff. 6-28-19.)
 
22    Section 15. The Counties Code is amended by changing
23Section 5-1006.8 as follows:
 
24    (55 ILCS 5/5-1006.8)

 

 

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1    Sec. 5-1006.8. County Cannabis Retailers' Occupation Tax
2Law.
3    (a) This Section may be referred to as the County Cannabis
4Retailers' Occupation Tax Law. The On and after January 1,
52020, the corporate authorities of any county may, by
6ordinance, impose a tax upon all persons engaged in the
7business of selling cannabis, other than cannabis purchased
8under the Compassionate Use of Medical Cannabis Pilot Program
9Act, at retail in the county on the gross receipts from these
10sales made in the course of that business. If imposed, the tax
11shall be imposed only in 0.25% increments. The tax rate may not
12exceed: (i) 3.75% of the gross receipts of sales made in
13unincorporated areas of the county; and (ii) 3% of the gross
14receipts of sales made in a municipality located in the county.
15The tax imposed under this Section and all civil penalties that
16may be assessed as an incident of the tax shall be collected
17and enforced by the Department of Revenue. The Department of
18Revenue shall have full power to administer and enforce this
19Section; to collect all taxes and penalties due hereunder; to
20dispose of taxes and penalties so collected in the manner
21hereinafter provided; and to determine all rights to credit
22memoranda arising on account of the erroneous payment of tax or
23penalty under this Section. In the administration of and
24compliance with this Section, the Department of Revenue and
25persons who are subject to this Section shall have the same
26rights, remedies, privileges, immunities, powers and duties,

 

 

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1and be subject to the same conditions, restrictions,
2limitations, penalties, and definitions of terms, and employ
3the same modes of procedure, as are described in Sections 1,
41a, 1d, 1e, 1f, 1i, 1j, 1k, 1m, 1n, 2 through 2-65 (in respect
5to all provisions therein other than the State rate of tax),
62a, 2b, 2c, 2i, 3 (except as to the disposition of taxes and
7penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i,
85j, 5k, 5l, 6, 6a, 6bb, 6c, 6d, 7 8, 8, 9, 10, 11, 11a, 12, and
913 of the Retailers' Occupation Tax Act and Section 3-7 of the
10Uniform Penalty and Interest Act as fully as if those
11provisions were set forth in this Section.
12    (b) Persons subject to any tax imposed under the authority
13granted in this Section may reimburse themselves for their
14seller's tax liability hereunder by separately stating that tax
15as an additional charge, which charge may be stated in
16combination, in a single amount, with any State tax that
17sellers are required to collect.
18    (c) Whenever the Department of Revenue determines that a
19refund should be made under this Section to a claimant instead
20of issuing a credit memorandum, the Department of Revenue shall
21notify the State Comptroller, who shall cause the order to be
22drawn for the amount specified and to the person named in the
23notification from the Department of Revenue.
24    (d) The Department of Revenue shall immediately pay over to
25the State Treasurer, ex officio, as trustee, all taxes and
26penalties collected hereunder for deposit into the Local

 

 

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1Cannabis Retailers' Occupation Consumer Excise Tax Trust Fund.
2    (e) On or before the 25th day of each calendar month, the
3Department of Revenue shall prepare and certify to the
4Comptroller the amount of money to be disbursed from the Local
5Cannabis Retailers' Occupation Consumer Excise Tax Trust Fund
6to counties from which retailers have paid taxes or penalties
7under this Section during the second preceding calendar month.
8The amount to be paid to each county shall be the amount (not
9including credit memoranda) collected under this Section from
10sales made in the county during the second preceding calendar
11month, plus an amount the Department of Revenue determines is
12necessary to offset any amounts that were erroneously paid to a
13different taxing body, and not including an amount equal to the
14amount of refunds made during the second preceding calendar
15month by the Department on behalf of such county, and not
16including any amount that the Department determines is
17necessary to offset any amounts that were payable to a
18different taxing body but were erroneously paid to the county,
19less 1.5% of the remainder, which the Department shall transfer
20into the Tax Compliance and Administration Fund. The
21Department, at the time of each monthly disbursement to the
22counties, shall prepare and certify the State Comptroller the
23amount to be transferred into the Tax Compliance and
24Administration Fund under this Section. Within 10 days after
25receipt by the Comptroller of the disbursement certification to
26the counties and the Tax Compliance and Administration Fund

 

 

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1provided for in this Section to be given to the Comptroller by
2the Department, the Comptroller shall cause the orders to be
3drawn for the respective amounts in accordance with the
4directions contained in the certification.
5    (f) An ordinance or resolution imposing or discontinuing a
6tax under this Section or effecting a change in the rate
7thereof that is shall be adopted on or after June 25, 2019 (the
8effective date of Public Act 101-27) and for which a certified
9copy is thereof filed with the Department on or before April 1,
102020 shall be administered and enforced by the Department
11beginning on July 1, 2020. For ordinances filed with the
12Department after April 1, 2020, an ordinance or resolution
13imposing or discontinuing a tax under this Section or effecting
14a change in the rate thereof shall either (i) be adopted and a
15certified copy thereof filed with the Department on or before
16the first day of April, whereupon the Department shall proceed
17to administer and enforce this Section as of the first day of
18July next following the adoption and filing; or (ii) be adopted
19and a certified copy thereof filed with the Department on or
20before the first day of October, whereupon the Department shall
21proceed to administer and enforce this Section as of the first
22day of January the first day of June, whereupon the Department
23shall proceed to administer and enforce this Section as of the
24first day of September next following the adoption and filing.
25(Source: P.A. 101-27, eff. 6-25-19; 101-363, eff. 8-9-19.)
 

 

 

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1    Section 20. The Illinois Municipal Code is amended by
2changing and renumbering Section 8-11-22, as added by Public
3Act 101-27, and by changing Section 8-11-6a as follows:
 
4    (65 ILCS 5/8-11-6a)  (from Ch. 24, par. 8-11-6a)
5    Sec. 8-11-6a. Home rule municipalities; preemption of
6certain taxes. Except as provided in Sections 8-11-1, 8-11-5,
78-11-6, 8-11-6b, 8-11-6c, 8-11-23 8-11-22, and 11-74.3-6 on and
8after September 1, 1990, no home rule municipality has the
9authority to impose, pursuant to its home rule authority, a
10retailer's occupation tax, service occupation tax, use tax,
11sales tax or other tax on the use, sale or purchase of tangible
12personal property based on the gross receipts from such sales
13or the selling or purchase price of said tangible personal
14property. Notwithstanding the foregoing, this Section does not
15preempt any home rule imposed tax such as the following: (1) a
16tax on alcoholic beverages, whether based on gross receipts,
17volume sold or any other measurement; (2) a tax based on the
18number of units of cigarettes or tobacco products (provided,
19however, that a home rule municipality that has not imposed a
20tax based on the number of units of cigarettes or tobacco
21products before July 1, 1993, shall not impose such a tax after
22that date); (3) a tax, however measured, based on the use of a
23hotel or motel room or similar facility; (4) a tax, however
24measured, on the sale or transfer of real property; (5) a tax,
25however measured, on lease receipts; (6) a tax on food prepared

 

 

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1for immediate consumption and on alcoholic beverages sold by a
2business which provides for on premise consumption of said food
3or alcoholic beverages; or (7) other taxes not based on the
4selling or purchase price or gross receipts from the use, sale
5or purchase of tangible personal property. This Section does
6not preempt a home rule municipality with a population of more
7than 2,000,000 from imposing a tax, however measured, on the
8use, for consideration, of a parking lot, garage, or other
9parking facility. This Section is not intended to affect any
10existing tax on food and beverages prepared for immediate
11consumption on the premises where the sale occurs, or any
12existing tax on alcoholic beverages, or any existing tax
13imposed on the charge for renting a hotel or motel room, which
14was in effect January 15, 1988, or any extension of the
15effective date of such an existing tax by ordinance of the
16municipality imposing the tax, which extension is hereby
17authorized, in any non-home rule municipality in which the
18imposition of such a tax has been upheld by judicial
19determination, nor is this Section intended to preempt the
20authority granted by Public Act 85-1006. On and after December
211, 2019, no home rule municipality has the authority to impose,
22pursuant to its home rule authority, a tax, however measured,
23on sales of aviation fuel, as defined in Section 3 of the
24Retailers' Occupation Tax Act, unless the tax is not subject to
25the revenue use requirements of 49 U.S.C. 47107(b) 47017(b) and
2649 U.S.C. 47133, or unless the tax revenue is expended for

 

 

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1airport-related purposes. For purposes of this Section,
2"airport-related purposes" has the meaning ascribed in Section
36z-20.2 of the State Finance Act. Aviation fuel shall be
4excluded from tax only if, and for so long as, the revenue use
5requirements of 49 U.S.C. 47107(b) 47017(b) and 49 U.S.C. 47133
6are binding on the municipality. This Section is a limitation,
7pursuant to subsection (g) of Section 6 of Article VII of the
8Illinois Constitution, on the power of home rule units to tax.
9The changes made to this Section by Public Act 101-10 this
10amendatory Act of the 101st General Assembly are a denial and
11limitation of home rule powers and functions under subsection
12(g) of Section 6 of Article VII of the Illinois Constitution.
13(Source: P.A. 101-10, eff. 6-5-19; 101-27, eff. 6-25-19;
14revised 8-19-19.)
 
15    (65 ILCS 5/8-11-23)
16    Sec. 8-11-23 8-11-22. Municipal Cannabis Retailers'
17Occupation Tax Law.
18    (a) This Section may be referred to as the Municipal
19Cannabis Retailers' Occupation Tax Law. The On and after
20January 1, 2020, the corporate authorities of any municipality
21may, by ordinance, impose a tax upon all persons engaged in the
22business of selling cannabis, other than cannabis purchased
23under the Compassionate Use of Medical Cannabis Pilot Program
24Act, at retail in the municipality on the gross receipts from
25these sales made in the course of that business. If imposed,

 

 

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1the tax may not exceed 3% of the gross receipts from these
2sales and shall only be imposed in 1/4% increments. The tax
3imposed under this Section and all civil penalties that may be
4assessed as an incident of the tax shall be collected and
5enforced by the Department of Revenue. The Department of
6Revenue shall have full power to administer and enforce this
7Section; to collect all taxes and penalties due hereunder; to
8dispose of taxes and penalties so collected in the manner
9hereinafter provided; and to determine all rights to credit
10memoranda arising on account of the erroneous payment of tax or
11penalty under this Section. In the administration of and
12compliance with this Section, the Department and persons who
13are subject to this Section shall have the same rights,
14remedies, privileges, immunities, powers and duties, and be
15subject to the same conditions, restrictions, limitations,
16penalties and definitions of terms, and employ the same modes
17of procedure, as are prescribed in Sections 1, 1a, 1d, 1e, 1f,
181i, 1j, 1k, 1m, 1n, 2 through 2-65 (in respect to all
19provisions therein other than the State rate of tax), 2a, 2b,
202c, 2i, 3 (except as to the disposition of taxes and penalties
21collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k,
225l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 11a, 12, and 13 of the
23Retailers' Occupation Tax Act and Section 3-7 of the Uniform
24Penalty and Interest Act, as fully as if those provisions were
25set forth herein.
26    (b) Persons subject to any tax imposed under the authority

 

 

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1granted in this Section may reimburse themselves for their
2seller's tax liability hereunder by separately stating that tax
3as an additional charge, which charge may be stated in
4combination, in a single amount, with any State tax that
5sellers are required to collect.
6    (c) Whenever the Department of Revenue determines that a
7refund should be made under this Section to a claimant instead
8of issuing a credit memorandum, the Department of Revenue shall
9notify the State Comptroller, who shall cause the order to be
10drawn for the amount specified and to the person named in the
11notification from the Department of Revenue.
12    (d) The Department of Revenue shall immediately pay over to
13the State Treasurer, ex officio, as trustee, all taxes and
14penalties collected hereunder for deposit into the Local
15Cannabis Retailers' Occupation Tax Trust Regulation Fund.
16    (e) On or before the 25th day of each calendar month, the
17Department of Revenue shall prepare and certify to the
18Comptroller the amount of money to be disbursed from the Local
19Cannabis Retailers' Occupation Consumer Excise Tax Trust Fund
20to municipalities from which retailers have paid taxes or
21penalties under this Section during the second preceding
22calendar month. The amount to be paid to each municipality
23shall be the amount (not including credit memoranda) collected
24under this Section from sales made in the municipality during
25the second preceding calendar month, plus an amount the
26Department of Revenue determines is necessary to offset any

 

 

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1amounts that were erroneously paid to a different taxing body,
2and not including an amount equal to the amount of refunds made
3during the second preceding calendar month by the Department on
4behalf of such municipality, and not including any amount that
5the Department determines is necessary to offset any amounts
6that were payable to a different taxing body but were
7erroneously paid to the municipality, less 1.5% of the
8remainder, which the Department shall transfer into the Tax
9Compliance and Administration Fund. The Department, at the time
10of each monthly disbursement to the municipalities, shall
11prepare and certify to the State Comptroller the amount to be
12transferred into the Tax Compliance and Administration Fund
13under this Section. Within 10 days after receipt by the
14Comptroller of the disbursement certification to the
15municipalities and the Tax Compliance and Administration Fund
16provided for in this Section to be given to the Comptroller by
17the Department, the Comptroller shall cause the orders to be
18drawn for the respective amounts in accordance with the
19directions contained in the certification.
20    (f) An ordinance or resolution imposing or discontinuing a
21tax under this Section or effecting a change in the rate
22thereof that is shall be adopted on or after June 25, 2019 (the
23effective date of Public Act 101-27) and for which a certified
24copy is thereof filed with the Department on or before April 1,
252020 shall be administered and enforced by the Department
26beginning on July 1, 2020. For ordinances filed with the

 

 

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1Department after April 1, 2020, an ordinance or resolution
2imposing or discontinuing a tax under this Section or effecting
3a change in the rate thereof shall either (i) be adopted and a
4certified copy thereof filed with the Department on or before
5the first day of April, whereupon the Department shall proceed
6to administer and enforce this Section as of the first day of
7July next following the adoption and filing; or (ii) be adopted
8and a certified copy thereof filed with the Department on or
9before the first day of October, whereupon the Department shall
10proceed to administer and enforce this Section as of the first
11day of January the first day of June, whereupon the Department
12shall proceed to administer and enforce this Section as of the
13first day of September next following the adoption and filing.
14(Source: P.A. 101-27, eff. 6-25-19; revised 9-17-19.)
 
15    Section 21. The Savings Bank Act is amended by changing
16Section 9002 as follows:
 
17    (205 ILCS 205/9002)  (from Ch. 17, par. 7309-2)
18    Sec. 9002. Powers of Secretary.
19    (a) The Secretary shall have the following powers and
20duties:
21        (1) To exercise the rights, powers, and duties set
22    forth in this Act or in any related Act.
23        (2) To establish regulations as may be reasonable or
24    necessary to accomplish the purposes of this Act.

 

 

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1        (3) To make an annual report regarding the work of his
2    or her office under this Act as he may consider desirable
3    to the Governor, or as the Governor may request.
4        (4) To cause a suit to be filed in his or her name to
5    enforce any law of this State that applies to savings
6    banks, their service corporations, subsidiaries,
7    affiliates, or holding companies operating under this Act,
8    including the enforcement of any obligation of the
9    officers, directors, agents, or employees of any savings
10    bank.
11        (5) To prescribe a uniform manner in which the books
12    and records of every savings bank are to be maintained.
13        (6) To establish a reasonable fee structure for savings
14    banks and holding companies operating under this Act and
15    for their service corporations and subsidiaries. The fees
16    shall include, but not be limited to, annual fees,
17    application fees, regular and special examination fees,
18    and other fees as the Secretary establishes and
19    demonstrates to be directly resultant from the Secretary's
20    responsibilities under this Act and as are directly
21    attributable to individual entities operating under this
22    Act. The aggregate of all moneys collected by the Secretary
23    on and after the effective date of this Act shall be paid
24    promptly after receipt of the same, accompanied by a
25    detailed statement thereof, into the Savings Bank
26    Regulatory Fund established under Section 9002.1 of this

 

 

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1    Act. Nothing in this Act shall prevent continuing the
2    practice of paying expenses involving salaries,
3    retirement, social security, and State-paid insurance of
4    State officers by appropriation from the General Revenue
5    Fund. The Secretary may require payment of the fees under
6    this Act by an electronic transfer of funds or an automatic
7    debit of an account of each of the savings banks.
8    (b) Notwithstanding the provisions of subsection (a), the
9Secretary shall not:
10        (1) issue an order against a savings bank or holding
11    company organized under this Act for unsafe or unsound
12    banking practices solely because the entity provides or has
13    provided financial services to a cannabis-related
14    legitimate business;
15        (2) prohibit, penalize, or otherwise discourage a
16    savings bank or holding company organized under this Act
17    from providing financial services to a cannabis-related
18    legitimate business solely because the entity provides or
19    has provided financial services to a cannabis-related
20    legitimate business;
21        (3) recommend, incentivize, or encourage a savings
22    bank or holding company organized under this Act not to
23    offer financial services to an account holder or to
24    downgrade or cancel the financial services offered to an
25    account holder solely because:
26            (A) the account holder is a manufacturer or

 

 

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1        producer, or is the owner, operator, or employee of, a
2        cannabis-related legitimate business;
3            (B) the account holder later becomes an owner or
4        operator of a cannabis-related legitimate business; or
5            (C) the savings bank or holding company organized
6        under this Act was not aware that the account holder is
7        the owner or operator of a cannabis-related legitimate
8        business; or
9        (4) take any adverse or corrective supervisory action
10    on a loan made to an owner or operator of:
11            (A) a cannabis-related legitimate business solely
12        because the owner or operator owns or operates a
13        cannabis-related legitimate business; or
14            (B) real estate or equipment that is leased to a
15        cannabis-related legitimate business solely because
16        the owner or operator of the real estate or equipment
17        leased the equipment or real estate to a
18        cannabis-related legitimate business.
19(Source: P.A. 97-492, eff. 1-1-12; 98-1081, eff. 1-1-15.)
 
20    Section 23. The Smoke Free Illinois Act is amended by
21changing Section 35 as follows:
 
22    (410 ILCS 82/35)
23    Sec. 35. Exemptions. Notwithstanding any other provision
24of this Act, smoking is allowed in the following areas:

 

 

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1        (1) Private residences or dwelling places, except when
2    used as a child care, adult day care, or healthcare
3    facility or any other home-based business open to the
4    public.
5        (2) Retail tobacco stores as defined in Section 10 of
6    this Act in operation prior to the effective date of this
7    amendatory Act of the 95th General Assembly. The retail
8    tobacco store shall annually file with the Department by
9    January 31st an affidavit stating the percentage of its
10    gross income during the prior calendar year that was
11    derived from the sale of loose tobacco, plants, or herbs
12    and cigars, cigarettes, pipes, or other smoking devices for
13    smoking tobacco and related smoking accessories. Any
14    retail tobacco store that begins operation after the
15    effective date of this amendatory Act may only qualify for
16    an exemption if located in a freestanding structure
17    occupied solely by the business and smoke from the business
18    does not migrate into an enclosed area where smoking is
19    prohibited. A retail tobacco store may, with authorization
20    or permission from a unit of local government, including a
21    home rule unit, or any non-home rule county within the
22    unincorporated territory of the county, allow the
23    on-premises consumption of cannabis in a specially
24    designated areas.
25        (3) (Blank).
26        (4) Hotel and motel sleeping rooms that are rented to

 

 

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1    guests and are designated as smoking rooms, provided that
2    all smoking rooms on the same floor must be contiguous and
3    smoke from these rooms must not infiltrate into nonsmoking
4    rooms or other areas where smoking is prohibited. Not more
5    than 25% of the rooms rented to guests in a hotel or motel
6    may be designated as rooms where smoking is allowed. The
7    status of rooms as smoking or nonsmoking may not be
8    changed, except to permanently add additional nonsmoking
9    rooms.
10        (5) Enclosed laboratories that are excluded from the
11    definition of "place of employment" in Section 10 of this
12    Act. Rulemaking authority to implement this amendatory Act
13    of the 95th General Assembly, if any, is conditioned on the
14    rules being adopted in accordance with all provisions of
15    the Illinois Administrative Procedure Act and all rules and
16    procedures of the Joint Committee on Administrative Rules;
17    any purported rule not so adopted, for whatever reason, is
18    unauthorized.
19        (6) Common smoking rooms in long-term care facilities
20    operated under the authority of the Illinois Department of
21    Veterans' Affairs or licensed under the Nursing Home Care
22    Act that are accessible only to residents who are smokers
23    and have requested in writing to have access to the common
24    smoking room where smoking is permitted and the smoke shall
25    not infiltrate other areas of the long-term care facility.
26    Rulemaking authority to implement this amendatory Act of

 

 

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1    the 95th General Assembly, if any, is conditioned on the
2    rules being adopted in accordance with all provisions of
3    the Illinois Administrative Procedure Act and all rules and
4    procedures of the Joint Committee on Administrative Rules;
5    any purported rule not so adopted, for whatever reason, is
6    unauthorized.
7        (7) A convention hall of the Donald E. Stephens
8    Convention Center where a meeting or trade show for
9    manufacturers and suppliers of tobacco and tobacco
10    products and accessories is being held, during the time the
11    meeting or trade show is occurring, if the meeting or trade
12    show:
13            (i) is a trade-only event and not open to the
14        public;
15            (ii) is limited to attendees and exhibitors that
16        are 21 years of age or older;
17            (iii) is being produced or organized by a business
18        relating to tobacco or a professional association for
19        convenience stores; and
20            (iv) involves the display of tobacco products.
21        Smoking is not allowed in any public area outside of
22    the hall designated for the meeting or trade show.
23        This paragraph (7) is inoperative on and after October
24    1, 2015.
25        (8) A dispensing organization, as defined in the
26    Cannabis Regulation and Tax Act, authorized or permitted by

 

 

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1    a unit local government to allow on-site consumption of
2    cannabis, if the establishment: (1) maintains a specially
3    designated area or areas for the purpose of heating,
4    burning, smoking, or lighting cannabis; (2) is limited to
5    individuals 21 or older; and (3) maintains a locked door or
6    barrier to any specially designated areas for the purpose
7    of heating, burning, smoking or lighting cannabis.
8(Source: P.A. 98-1023, eff. 8-22-14.)
 
9    Section 24. The Compassionate Use of Medical Cannabis
10Program Act is amended by changing Sections 60 and 210 as
11follows:
 
12    (410 ILCS 130/60)
13    Sec. 60. Issuance of registry identification cards.
14    (a) Except as provided in subsection (b), the Department of
15Public Health shall:
16        (1) verify the information contained in an application
17    or renewal for a registry identification card submitted
18    under this Act, and approve or deny an application or
19    renewal, within 90 days of receiving a completed
20    application or renewal application and all supporting
21    documentation specified in Section 55;
22        (2) issue registry identification cards to a
23    qualifying patient and his or her designated caregiver, if
24    any, within 15 business days of approving the application

 

 

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1    or renewal;
2        (3) enter the registry identification number of the
3    registered dispensing organization the patient designates
4    into the verification system; and
5        (4) allow for an electronic application process, and
6    provide a confirmation by electronic or other methods that
7    an application has been submitted.
8    Notwithstanding any other provision of this Act, the
9Department of Public Health shall adopt rules for qualifying
10patients and applicants with life-long debilitating medical
11conditions, who may be charged annual renewal fees. The
12Department of Public Health shall not require patients and
13applicants with life-long debilitating medical conditions to
14apply to renew registry identification cards.
15    (b) The Department of Public Health may not issue a
16registry identification card to a qualifying patient who is
17under 18 years of age, unless that patient suffers from
18seizures, including those characteristic of epilepsy, or as
19provided by administrative rule. The Department of Public
20Health shall adopt rules for the issuance of a registry
21identification card for qualifying patients who are under 18
22years of age and suffering from seizures, including those
23characteristic of epilepsy. The Department of Public Health may
24adopt rules to allow other individuals under 18 years of age to
25become registered qualifying patients under this Act with the
26consent of a parent or legal guardian. Registered qualifying

 

 

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1patients under 18 21 years of age shall be prohibited from
2consuming forms of cannabis other than medical cannabis infused
3products and purchasing any usable cannabis or paraphernalia
4used for smoking or vaping medical cannabis.
5    (c) A veteran who has received treatment at a VA hospital
6is deemed to have a bona fide health care professional-patient
7relationship with a VA certifying health care professional if
8the patient has been seen for his or her debilitating medical
9condition at the VA hospital in accordance with VA hospital
10protocols. All reasonable inferences regarding the existence
11of a bona fide health care professional-patient relationship
12shall be drawn in favor of an applicant who is a veteran and
13has undergone treatment at a VA hospital.
14    (c-10) An individual who submits an application as someone
15who is terminally ill shall have all fees waived. The
16Department of Public Health shall within 30 days after this
17amendatory Act of the 99th General Assembly adopt emergency
18rules to expedite approval for terminally ill individuals.
19These rules shall include, but not be limited to, rules that
20provide that applications by individuals with terminal
21illnesses shall be approved or denied within 14 days of their
22submission.
23    (d) No later than 6 months after the effective date of this
24amendatory Act of the 101st General Assembly, the Secretary of
25State shall remove all existing notations on driving records
26that the person is a registered qualifying patient or his or

 

 

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1her caregiver under this Act. Upon the approval of the
2registration and issuance of a registry card under this
3Section, the Department of Public Health shall forward the
4designated caregiver or registered qualified patient's
5driver's registration number to the Secretary of State and
6certify that the individual is permitted to engage in the
7medical use of cannabis. For the purposes of law enforcement,
8the Secretary of State shall make a notation on the person's
9driving record stating the person is a registered qualifying
10patient who is entitled to the lawful medical use of cannabis.
11If the person no longer holds a valid registry card, the
12Department shall notify the Secretary of State and the
13Secretary of State shall remove the notation from the person's
14driving record. The Department and the Secretary of State may
15establish a system by which the information may be shared
16electronically.
17    (e) Upon the approval of the registration and issuance of a
18registry card under this Section, the Department of Public
19Health shall electronically forward the registered qualifying
20patient's identification card information to the Prescription
21Monitoring Program established under the Illinois Controlled
22Substances Act and certify that the individual is permitted to
23engage in the medical use of cannabis. For the purposes of
24patient care, the Prescription Monitoring Program shall make a
25notation on the person's prescription record stating that the
26person is a registered qualifying patient who is entitled to

 

 

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1the lawful medical use of cannabis. If the person no longer
2holds a valid registry card, the Department of Public Health
3shall notify the Prescription Monitoring Program and
4Department of Human Services to remove the notation from the
5person's record. The Department of Human Services and the
6Prescription Monitoring Program shall establish a system by
7which the information may be shared electronically. This
8confidential list may not be combined or linked in any manner
9with any other list or database except as provided in this
10Section.
11    (f) (Blank).
12(Source: P.A. 100-1114, eff. 8-28-18; 101-363, eff. 8-9-19.)
 
13    (410 ILCS 130/210)
14    Sec. 210. Returns.
15    (a) This subsection (a) applies to returns due on or before
16the effective date of this amendatory Act of the 101st General
17Assembly. On or before the twentieth day of each calendar
18month, every person subject to the tax imposed under this Law
19during the preceding calendar month shall file a return with
20the Department, stating:
21        (1) The name of the taxpayer;
22        (2) The number of ounces of medical cannabis sold to a
23    dispensing dispensary organization or a registered
24    qualifying patient during the preceding calendar month;
25        (3) The amount of tax due;

 

 

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1        (4) The signature of the taxpayer; and
2        (5) Such other reasonable information as the
3    Department may require.
4    If a taxpayer fails to sign a return within 30 days after
5the proper notice and demand for signature by the Department,
6the return shall be considered valid and any amount shown to be
7due on the return shall be deemed assessed.
8    The taxpayer shall remit the amount of the tax due to the
9Department at the time the taxpayer files his or her return.
10    (b) Beginning on the effective date of this amendatory Act
11of the 101st General Assembly, Section 65-20 of the Cannabis
12Regulation and Tax Act shall apply to returns filed and taxes
13paid under this Act to the same extent as if those provisions
14were set forth in full in this Section.
15(Source: P.A. 101-27, eff. 6-25-19.)
 
16    Section 25. The Cannabis Regulation and Tax Act is amended
17by changing Sections 1-5, 1-10, 5-5, 5-15, 5-20, 5-25, 7-1,
187-10, 7-15, 7-25, 10-5, 10-10, 10-15, 10-25, 10-30, 10-35,
1910-40, 10-50, 15-15, 15-20, 15-25, 15-30, 15-35, 15-36, 15-40,
2015-55, 15-65, 15-70, 15-75, 15-85, 15-95, 15-100, 15-145,
2115-155, 20-10, 20-15, 20-20, 20-30, 25-1, 25-10, 30-5, 30-10,
2230-15, 30-30, 35-5, 35-15, 35-25, 35-31, 40-5, 40-10, 40-15,
2340-20, 40-25, 40-30, 40-35, 40-40, 45-5, 50-5, 55-10, 55-20,
2455-21, 55-25, 55-28, 55-30, 55-35, 55-65, 55-80, 55-85, 55-95,
2560-5, 60-20, 65-5, 65-10, and 65-15 and by adding Section 1-7

 

 

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1as follows:
 
2    (410 ILCS 705/1-5)
3    Sec. 1-5. Findings.
4    (a) In the interest of allowing law enforcement to focus on
5violent and property crimes, generating revenue for education,
6substance abuse prevention and treatment, freeing public
7resources to invest in communities and other public purposes,
8and individual freedom, the General Assembly finds and declares
9that the use of cannabis should be legal for persons 21 years
10of age or older and should be taxed in a manner similar to
11alcohol.
12    (b) In the interest of the health and public safety of the
13residents of Illinois, the General Assembly further finds and
14declares that cannabis should be regulated in a manner similar
15to alcohol so that:
16        (1) persons will have to show proof of age before
17    purchasing cannabis;
18        (2) selling, distributing, or transferring cannabis to
19    minors and other persons under 21 years of age shall remain
20    illegal;
21        (3) driving under the influence of cannabis, operating
22    a watercraft under the influence of cannabis, and operating
23    a snowmobile under the influence of cannabis shall remain
24    illegal;
25        (4) legitimate, taxpaying business people, and not

 

 

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1    criminal actors, will conduct sales of cannabis;
2        (5) cannabis sold in this State will be tested,
3    labeled, and subject to additional regulation to ensure
4    that purchasers are informed and protected; and
5        (6) purchasers will be informed of any known health
6    risks associated with the use of cannabis, as concluded by
7    evidence-based, peer reviewed research.
8    (c) The General Assembly further finds and declares that it
9is necessary to ensure consistency and fairness in the
10application of this Act throughout the State and that,
11therefore, the matters addressed by this Act are, except as
12specified in this Act, matters of statewide concern.
13    (d) The General Assembly further finds and declares that
14this Act shall not diminish the State's duties and commitment
15to seriously ill patients registered under the Compassionate
16Use of Medical Cannabis Pilot Program Act, nor alter the
17protections granted to them.
18    (e) The General Assembly supports and encourages labor
19neutrality in the cannabis industry and further finds and
20declares that employee workplace safety shall not be diminished
21and employer workplace policies shall be interpreted broadly to
22protect employee safety.
23(Source: P.A. 101-27, eff. 6-25-19.)
 
24    (410 ILCS 705/1-7 new)
25    Sec. 1-7. Lawful user and lawful products. For the purposes

 

 

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1of this Act and to clarify the legislative findings on the
2lawful use of cannabis, a person shall not be considered an
3unlawful user or addicted to narcotics solely as a result of
4his or her possession or use of cannabis or cannabis
5paraphernalia in accordance with this Act.
 
6    (410 ILCS 705/1-10)
7    Sec. 1-10. Definitions. In this Act:
8    "Adult Use Cultivation Center License" means a license
9issued by the Department of Agriculture that permits a person
10to act as a cultivation center under this Act and any
11administrative rule made in furtherance of this Act.
12    "Adult Use Dispensing Organization License" means a
13license issued by the Department of Financial and Professional
14Regulation that permits a person to act as a dispensing
15organization under this Act and any administrative rule made in
16furtherance of this Act.
17    "Advertise" means to engage in promotional activities
18including, but not limited to: newspaper, radio, Internet and
19electronic media, and television advertising; the distribution
20of fliers and circulars; billboard advertising; and the display
21of window and interior signs. "Advertise" does not mean
22exterior signage displaying only the name of the licensed
23cannabis business establishment.
24    "BLS Region" means a region in Illinois used by the United
25States Bureau of Labor Statistics to gather and categorize

 

 

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1certain employment and wage data. The 17 such regions in
2Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion,
3Champaign-Urbana, Chicago-Naperville-Elgin, Danville,
4Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria,
5Rockford, St. Louis, Springfield, Northwest Illinois
6nonmetropolitan area, West Central Illinois nonmetropolitan
7area, East Central Illinois nonmetropolitan area, and South
8Illinois nonmetropolitan area.
9    "Cannabis" means marijuana, hashish, and other substances
10that are identified as including any parts of the plant
11Cannabis sativa and including derivatives or subspecies, such
12as indica, of all strains of cannabis, whether growing or not;
13the seeds thereof, the resin extracted from any part of the
14plant; and any compound, manufacture, salt, derivative,
15mixture, or preparation of the plant, its seeds, or resin,
16including tetrahydrocannabinol (THC) and all other naturally
17produced cannabinol derivatives, whether produced directly or
18indirectly by extraction; however, "cannabis" does not include
19the mature stalks of the plant, fiber produced from the stalks,
20oil or cake made from the seeds of the plant, any other
21compound, manufacture, salt, derivative, mixture, or
22preparation of the mature stalks (except the resin extracted
23from it), fiber, oil or cake, or the sterilized seed of the
24plant that is incapable of germination. "Cannabis" does not
25include industrial hemp as defined and authorized under the
26Industrial Hemp Act. "Cannabis" also means cannabis flower,

 

 

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1concentrate, and cannabis-infused products.
2    "Cannabis business establishment" means a cultivation
3center, craft grower, processing organization, dispensing
4organization, or transporting organization.
5    "Cannabis concentrate" means a product derived from
6cannabis that is produced by extracting cannabinoids,
7including tetrahydrocannabinol (THC), from the plant through
8the use of propylene glycol, glycerin, butter, olive oil or
9other typical cooking fats; water, ice, or dry ice; or butane,
10propane, CO2, ethanol, or isopropanol and with the intended use
11of smoking or making a cannabis-infused product. The use of any
12other solvent is expressly prohibited unless and until it is
13approved by the Department of Agriculture.
14    "Cannabis container" means a sealed, traceable, container,
15or package used for the purpose of containment of cannabis or
16cannabis-infused product during transportation.
17    "Cannabis flower" means marijuana, hashish, and other
18substances that are identified as including any parts of the
19plant Cannabis sativa and including derivatives or subspecies,
20such as indica, of all strains of cannabis; including raw kief,
21leaves, and buds, but not resin that has been extracted from
22any part of such plant; nor any compound, manufacture, salt,
23derivative, mixture, or preparation of such plant, its seeds,
24or resin.
25    "Cannabis-infused product" means a beverage, food, oil,
26ointment, tincture, topical formulation, or another product

 

 

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1containing cannabis or cannabis concentrate that is not
2intended to be smoked.
3    "Cannabis paraphernalia" means equipment, products, or
4materials intended to be used for planting, propagating,
5cultivating, growing, harvesting, manufacturing, producing,
6processing, preparing, testing, analyzing, packaging,
7repackaging, storing, containing, concealing, ingesting, or
8otherwise introducing cannabis into the human body.
9    "Cannabis plant monitoring system" or "plant monitoring
10system" means a system that includes, but is not limited to,
11testing and data collection established and maintained by the
12cultivation center, craft grower, or processing organization
13and that is available to the Department of Revenue, the
14Department of Agriculture, the Department of Financial and
15Professional Regulation, and the Department of State Police for
16the purposes of documenting each cannabis plant and monitoring
17plant development throughout the life cycle of a cannabis plant
18cultivated for the intended use by a customer from seed
19planting to final packaging.
20    "Cannabis testing facility" means an entity registered by
21the Department of Agriculture to test cannabis for potency and
22contaminants.
23    "Clone" means a plant section from a female cannabis plant
24not yet rootbound, growing in a water solution or other
25propagation matrix, that is capable of developing into a new
26plant.

 

 

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1    "Community College Cannabis Vocational Training Pilot
2Program faculty participant" means a person who is 21 years of
3age or older, licensed by the Department of Agriculture, and is
4employed or contracted by an Illinois community college to
5provide student instruction using cannabis plants at an
6Illinois Community College.
7    "Community College Cannabis Vocational Training Pilot
8Program faculty participant Agent Identification Card" means a
9document issued by the Department of Agriculture that
10identifies a person as Community College Cannabis Vocational
11Training Pilot Program faculty participant.
12    "Conditional Adult Use Dispensing Organization License"
13means a license awarded to top-scoring applicants for an Adult
14Use Dispensing Organization License that reserves the right to
15an Adult Use Dispensing Organization License adult use
16dispensing organization license if the applicant meets certain
17conditions described in this Act, but does not entitle the
18recipient to begin purchasing or selling cannabis or
19cannabis-infused products.
20    "Conditional Adult Use Cultivation Center License" means a
21license awarded to top-scoring applicants for an Adult Use
22Cultivation Center License that reserves the right to an Adult
23Use Cultivation Center License if the applicant meets certain
24conditions as determined by the Department of Agriculture by
25rule, but does not entitle the recipient to begin growing,
26processing, or selling cannabis or cannabis-infused products.

 

 

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1    "Craft grower" means a facility operated by an organization
2or business that is licensed by the Department of Agriculture
3to cultivate, dry, cure, and package cannabis and perform other
4necessary activities to make cannabis available for sale at a
5dispensing organization or use at a processing organization. A
6craft grower may contain up to 5,000 square feet of canopy
7space on its premises for plants in the flowering state. The
8Department of Agriculture may authorize an increase or decrease
9of flowering stage cultivation space in increments of 3,000
10square feet by rule based on market need, craft grower
11capacity, and the licensee's history of compliance or
12noncompliance, with a maximum space of 14,000 square feet for
13cultivating plants in the flowering stage, which must be
14cultivated in all stages of growth in an enclosed and secure
15area. A craft grower may share premises with a processing
16organization or a dispensing organization, or both, provided
17each licensee stores currency and cannabis or cannabis-infused
18products in a separate secured vault to which the other
19licensee does not have access or all licensees sharing a vault
20share more than 50% of the same ownership.
21    "Craft grower agent" means a principal officer, board
22member, employee, or other agent of a craft grower who is 21
23years of age or older.
24    "Craft Grower Agent Identification Card" means a document
25issued by the Department of Agriculture that identifies a
26person as a craft grower agent.

 

 

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1    "Cultivation center" means a facility operated by an
2organization or business that is licensed by the Department of
3Agriculture to cultivate, process, transport (unless otherwise
4limited by this Act), and perform other necessary activities to
5provide cannabis and cannabis-infused products to cannabis
6business establishments.
7    "Cultivation center agent" means a principal officer,
8board member, employee, or other agent of a cultivation center
9who is 21 years of age or older.
10    "Cultivation Center Agent Identification Card" means a
11document issued by the Department of Agriculture that
12identifies a person as a cultivation center agent.
13    "Currency" means currency and coin of the United States.
14    "Dispensary" means a facility operated by a dispensing
15organization at which activities licensed by this Act may
16occur.
17    "Dispensing organization" means a facility operated by an
18organization or business that is licensed by the Department of
19Financial and Professional Regulation to acquire cannabis from
20a cultivation center, craft grower, processing organization,
21or another dispensary for the purpose of selling or dispensing
22cannabis, cannabis-infused products, cannabis seeds,
23paraphernalia, or related supplies under this Act to purchasers
24or to qualified registered medical cannabis patients and
25caregivers. As used in this Act, "dispensing dispensary
26organization" includes shall include a registered medical

 

 

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1cannabis organization as defined in the Compassionate Use of
2Medical Cannabis Pilot Program Act or its successor Act that
3has obtained an Early Approval Adult Use Dispensing
4Organization License.
5    "Dispensing organization agent" means a principal officer,
6employee, or agent of a dispensing organization who is 21 years
7of age or older.
8    "Dispensing organization agent identification card" means
9a document issued by the Department of Financial and
10Professional Regulation that identifies a person as a
11dispensing organization agent.
12    "Disproportionately Impacted Area" means a census tract or
13comparable geographic area that satisfies the following
14criteria as determined by the Department of Commerce and
15Economic Opportunity, that:
16        (1) meets at least one of the following criteria:
17            (A) the area has a poverty rate of at least 20%
18        according to the latest federal decennial census; or
19            (B) 75% or more of the children in the area
20        participate in the federal free lunch program
21        according to reported statistics from the State Board
22        of Education; or
23            (C) at least 20% of the households in the area
24        receive assistance under the Supplemental Nutrition
25        Assistance Program; or
26            (D) the area has an average unemployment rate, as

 

 

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1        determined by the Illinois Department of Employment
2        Security, that is more than 120% of the national
3        unemployment average, as determined by the United
4        States Department of Labor, for a period of at least 2
5        consecutive calendar years preceding the date of the
6        application; and
7        (2) has high rates of arrest, conviction, and
8    incarceration related to the sale, possession, use,
9    cultivation, manufacture, or transport of cannabis.
10    "Early Approval Adult Use Cultivation Center License"
11means a license that permits a medical cannabis cultivation
12center licensed under the Compassionate Use of Medical Cannabis
13Pilot Program Act as of the effective date of this Act to begin
14cultivating, infusing, packaging, transporting (unless
15otherwise provided in this Act), processing and selling
16cannabis or cannabis-infused product to cannabis business
17establishments for resale to purchasers as permitted by this
18Act as of January 1, 2020.
19    "Early Approval Adult Use Dispensing Organization License"
20means a license that permits a medical cannabis dispensing
21organization licensed under the Compassionate Use of Medical
22Cannabis Pilot Program Act as of the effective date of this Act
23to begin selling cannabis or cannabis-infused product to
24purchasers as permitted by this Act as of January 1, 2020.
25    "Early Approval Adult Use Dispensing Organization at a
26secondary site" means a license that permits a medical cannabis

 

 

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1dispensing organization licensed under the Compassionate Use
2of Medical Cannabis Pilot Program Act as of the effective date
3of this Act to begin selling cannabis or cannabis-infused
4product to purchasers as permitted by this Act on January 1,
52020 at a different dispensary location from its existing
6registered medical dispensary location.
7    "Enclosed, locked facility" means a room, greenhouse,
8building, or other enclosed area equipped with locks or other
9security devices that permit access only by cannabis business
10establishment agents working for the licensed cannabis
11business establishment or acting pursuant to this Act to
12cultivate, process, store, or distribute cannabis.
13    "Enclosed, locked space" means a closet, room, greenhouse,
14building or other enclosed area equipped with locks or other
15security devices that permit access only by authorized
16individuals under this Act. "Enclosed, locked space" may
17include:
18        (1) a space within a residential building that (i) is
19    the primary residence of the individual cultivating 5 or
20    fewer cannabis plants that are more than 5 inches tall and
21    (ii) includes sleeping quarters and indoor plumbing. The
22    space must only be accessible by a key or code that is
23    different from any key or code that can be used to access
24    the residential building from the exterior; or
25        (2) a structure, such as a shed or greenhouse, that
26    lies on the same plot of land as a residential building

 

 

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1    that (i) includes sleeping quarters and indoor plumbing and
2    (ii) is used as a primary residence by the person
3    cultivating 5 or fewer cannabis plants that are more than 5
4    inches tall, such as a shed or greenhouse. The structure
5    must remain locked when it is unoccupied by people.
6    "Financial institution" has the same meaning as "financial
7organization" as defined in Section 1501 of the Illinois Income
8Tax Act, and also includes the holding companies, subsidiaries,
9and affiliates of such financial organizations.
10    "Flowering stage" means the stage of cultivation where and
11when a cannabis plant is cultivated to produce plant material
12for cannabis products. This includes mature plants as follows:
13        (1) if greater than 2 stigmas are visible at each
14    internode of the plant; or
15        (2) if the cannabis plant is in an area that has been
16    intentionally deprived of light for a period of time
17    intended to produce flower buds and induce maturation, from
18    the moment the light deprivation began through the
19    remainder of the marijuana plant growth cycle.
20    "Individual" means a natural person.
21    "Infuser organization" or "infuser" means a facility
22operated by an organization or business that is licensed by the
23Department of Agriculture to directly incorporate cannabis or
24cannabis concentrate into a product formulation to produce a
25cannabis-infused product.
26    "Kief" means the resinous crystal-like trichomes that are

 

 

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1found on cannabis and that are accumulated, resulting in a
2higher concentration of cannabinoids, untreated by heat or
3pressure, or extracted using a solvent.
4    "Labor peace agreement" means an agreement between a
5cannabis business establishment and any labor organization
6recognized under the National Labor Relations Act, referred to
7in this Act as a bona fide labor organization, that prohibits
8labor organizations and members from engaging in picketing,
9work stoppages, boycotts, and any other economic interference
10with the cannabis business establishment. This agreement means
11that the cannabis business establishment has agreed not to
12disrupt efforts by the bona fide labor organization to
13communicate with, and attempt to organize and represent, the
14cannabis business establishment's employees. The agreement
15shall provide a bona fide labor organization access at
16reasonable times to areas in which the cannabis business
17establishment's employees work, for the purpose of meeting with
18employees to discuss their right to representation, employment
19rights under State law, and terms and conditions of employment.
20This type of agreement shall not mandate a particular method of
21election or certification of the bona fide labor organization.
22    "Limited access area" means a building, room, or other area
23under the control of a cannabis dispensing organization
24licensed under this Act and upon the licensed premises where
25cannabis sales occur with access limited to purchasers,
26dispensing organization owners and other dispensing

 

 

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1organization agents, or service professionals conducting
2business with the dispensing organization, or, if sales to
3registered qualifying patients, caregivers, provisional
4patients, and Opioid Alternative Pilot Program participants
5licensed pursuant to the Compassionate Use of Medical Cannabis
6Program Act are also permitted at the dispensary, registered
7qualifying patients, caregivers, provisional patients, and
8Opioid Alternative Pilot Program participants.
9    "Member of an impacted family" means an individual who has
10a parent, legal guardian, child, spouse, or dependent, or was a
11dependent of an individual who, prior to the effective date of
12this Act, was arrested for, convicted of, or adjudicated
13delinquent for any offense that is eligible for expungement
14under this Act.
15    "Mother plant" means a cannabis plant that is cultivated or
16maintained for the purpose of generating clones, and that will
17not be used to produce plant material for sale to an infuser or
18dispensing organization.
19    "Ordinary public view" means within the sight line with
20normal visual range of a person, unassisted by visual aids,
21from a public street or sidewalk adjacent to real property, or
22from within an adjacent property.
23    "Ownership and control" means ownership of at least 51% of
24the business, including corporate stock if a corporation, and
25control over the management and day-to-day operations of the
26business and an interest in the capital, assets, and profits

 

 

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1and losses of the business proportionate to percentage of
2ownership.
3    "Person" means a natural individual, firm, partnership,
4association, joint stock company, joint venture, public or
5private corporation, limited liability company, or a receiver,
6executor, trustee, guardian, or other representative appointed
7by order of any court.
8    "Possession limit" means the amount of cannabis under
9Section 10-10 that may be possessed at any one time by a person
1021 years of age or older or who is a registered qualifying
11medical cannabis patient or caregiver under the Compassionate
12Use of Medical Cannabis Pilot Program Act.
13    "Principal officer" includes a cannabis business
14establishment applicant or licensed cannabis business
15establishment's board member, owner with more than 1% interest
16of the total cannabis business establishment or more than 5%
17interest of the total cannabis business establishment of a
18publicly traded company, president, vice president, secretary,
19treasurer, partner, officer, member, manager member, or person
20with a profit sharing, financial interest, or revenue sharing
21arrangement. The definition includes a person with authority to
22control the cannabis business establishment, a person who
23assumes responsibility for the debts of the cannabis business
24establishment and who is further defined in this Act.
25    "Primary residence" means a dwelling where a person usually
26stays or stays more often than other locations. It may be

 

 

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1determined by, without limitation, presence, tax filings;
2address on an Illinois driver's license, an Illinois
3Identification Card, or an Illinois Person with a Disability
4Identification Card; or voter registration. No person may have
5more than one primary residence.
6    "Processing organization" or "processor" means a facility
7operated by an organization or business that is licensed by the
8Department of Agriculture to either extract constituent
9chemicals or compounds to produce cannabis concentrate or
10incorporate cannabis or cannabis concentrate into a product
11formulation to produce a cannabis product.
12    "Processing organization agent" means a principal officer,
13board member, employee, or agent of a processing organization.
14    "Processing organization agent identification card" means
15a document issued by the Department of Agriculture that
16identifies a person as a processing organization agent.
17    "Purchaser" means a person 21 years of age or older who
18acquires cannabis for a valuable consideration. "Purchaser"
19does not include a cardholder under the Compassionate Use of
20Medical Cannabis Pilot Program Act.
21    "Qualified Social Equity Applicant" means a Social Equity
22Applicant who has been awarded a conditional license under this
23Act to operate a cannabis business establishment.
24    "Resided" means an individual's primary residence was
25located within the relevant geographic area as established by 2
26of the following:

 

 

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1        (1) a signed lease agreement that includes the
2    applicant's name;
3        (2) a property deed that includes the applicant's name;
4        (3) school records;
5        (4) a voter registration card;
6        (5) an Illinois driver's license, an Illinois
7    Identification Card, or an Illinois Person with a
8    Disability Identification Card;
9        (6) a paycheck stub;
10        (7) a utility bill;
11        (8) tax records; or
12        (9) (8) any other proof of residency or other
13    information necessary to establish residence as provided
14    by rule.
15    "Smoking" means the inhalation of smoke caused by the
16combustion of cannabis.
17    "Social Equity Applicant" means an applicant that is an
18Illinois resident that meets one of the following criteria:
19        (1) an applicant with at least 51% ownership and
20    control by one or more individuals who have resided for at
21    least 5 of the preceding 10 years in a Disproportionately
22    Impacted Area;
23        (2) an applicant with at least 51% ownership and
24    control by one or more individuals who:
25            (i) have been arrested for, convicted of, or
26        adjudicated delinquent for any offense that is

 

 

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1        eligible for expungement under this Act; or
2            (ii) is a member of an impacted family;
3        (3) for applicants with a minimum of 10 full-time
4    employees, an applicant with at least 51% of current
5    employees who:
6            (i) currently reside in a Disproportionately
7        Impacted Area; or
8            (ii) have been arrested for, convicted of, or
9        adjudicated delinquent for any offense that is
10        eligible for expungement under this Act or member of an
11        impacted family.
12    Nothing in this Act shall be construed to preempt or limit
13the duties of any employer under the Job Opportunities for
14Qualified Applicants Act. Nothing in this Act shall permit an
15employer to require an employee to disclose sealed or expunged
16offenses, unless otherwise required by law.
17    "Tincture" means a cannabis-infused solution, typically
18comprised of alcohol, glycerin, or vegetable oils, derived
19either directly from the cannabis plant or from a processed
20cannabis extract. A tincture is not an alcoholic liquor as
21defined in the Liquor Control Act of 1934. A tincture shall
22include a calibrated dropper or other similar device capable of
23accurately measuring servings.
24    "Transporting organization" or "transporter" means an
25organization or business that is licensed by the Department of
26Agriculture to transport cannabis or cannabis-infused product

 

 

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1on behalf of a cannabis business establishment or a community
2college licensed under the Community College Cannabis
3Vocational Training Pilot Program.
4    "Transporting organization agent" means a principal
5officer, board member, employee, or agent of a transporting
6organization.
7    "Transporting organization agent identification card"
8means a document issued by the Department of Agriculture that
9identifies a person as a transporting organization agent.
10    "Unit of local government" means any county, city, village,
11or incorporated town.
12    "Vegetative stage" means the stage of cultivation in which
13a cannabis plant is propagated to produce additional cannabis
14plants or reach a sufficient size for production. This includes
15seedlings, clones, mothers, and other immature cannabis plants
16as follows:
17        (1) if the cannabis plant is in an area that has not
18    been intentionally deprived of light for a period of time
19    intended to produce flower buds and induce maturation, it
20    has no more than 2 stigmas visible at each internode of the
21    cannabis plant; or
22        (2) any cannabis plant that is cultivated solely for
23    the purpose of propagating clones and is never used to
24    produce cannabis.
25(Source: P.A. 101-27, eff. 6-25-19.)
 

 

 

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1    (410 ILCS 705/5-5)
2    Sec. 5-5. Sharing of authority. Notwithstanding any
3provision of or law to the contrary, any authority granted to
4any State agency or State employees or appointees under the
5Compassionate Use of Medical Cannabis Pilot Program Act shall
6be shared by any State agency or State employees or appointees
7given authority to license, discipline, revoke, regulate, or
8make rules under this Act.
9(Source: P.A. 101-27, eff. 6-25-19.)
 
10    (410 ILCS 705/5-15)
11    Sec. 5-15. Department of Financial and Professional
12Regulation. The Department of Financial and Professional
13Regulation shall enforce the provisions of this Act relating to
14the oversight and registration of dispensing organizations and
15agents, including the issuance of identification cards for
16dispensing organization agents. The Department of Financial
17and Professional Regulation may suspend or revoke the license
18of, or otherwise discipline dispensing organizations,
19principal officers, agents-in-charge, and agents impose other
20penalties upon, dispensing organizations for violations of
21this Act and any rules adopted under this Act.
22(Source: P.A. 101-27, eff. 6-25-19.)
 
23    (410 ILCS 705/5-20)
24    Sec. 5-20. Background checks.

 

 

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1    (a) Through the Department of State Police, the licensing
2or issuing Department shall conduct a criminal history record
3check of the prospective principal officers, board members, and
4agents of a cannabis business establishment applying for a
5license or identification card under this Act.
6    Each cannabis business establishment prospective principal
7officer, board member, or agent shall submit his or her
8fingerprints to the Department of State Police in the form and
9manner prescribed by the Department of State Police.
10    Unless otherwise provided in this Act, such Such
11fingerprints shall be transmitted through a live scan
12fingerprint vendor licensed by the Department of Financial and
13Professional Regulation. These fingerprints shall be checked
14against the fingerprint records now and hereafter filed in the
15Department of State Police and Federal Bureau of Investigation
16criminal history records databases. The Department of State
17Police shall charge a fee for conducting the criminal history
18record check, which shall be deposited into the State Police
19Services Fund and shall not exceed the actual cost of the State
20and national criminal history record check. The Department of
21State Police shall furnish, pursuant to positive
22identification, all Illinois conviction information and shall
23forward the national criminal history record information to:
24        (i) the Department of Agriculture, with respect to a
25    cultivation center, craft grower, infuser organization, or
26    transporting organization; or

 

 

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1        (ii) the Department of Financial and Professional
2    Regulation, with respect to a dispensing organization.
3    (b) When applying for the initial license or identification
4card, the background checks for all prospective principal
5officers, board members, and agents shall be completed before
6submitting the application to the licensing or issuing agency.
7    (c) All applications for licensure under this Act by
8applicants with criminal convictions shall be subject to
9Sections 2105-131, 2105-135, and 2105-205 of the Department of
10Professional Regulation Law of the Civil Administrative Code of
11Illinois.
12(Source: P.A. 101-27, eff. 6-25-19.)
 
13    (410 ILCS 705/5-25)
14    Sec. 5-25. Department of Public Health to make health
15warning recommendations.
16    (a) The Department of Public Health shall make
17recommendations to the Department of Agriculture and the
18Department of Financial and Professional Regulation on
19appropriate health warnings for dispensaries and advertising,
20which may apply to all cannabis products, including item-type
21specific labeling or warning requirements, regulate the
22facility where cannabis-infused products are made, regulate
23cannabis-infused products as provided in subsection (e) of
24Section 55-5, and facilitate the Adult Use Cannabis Health
25Advisory Committee.

 

 

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1    (b) An Adult Use Cannabis Health Advisory Committee is
2hereby created and shall meet at least twice annually. The
3Chairperson may schedule meetings more frequently upon his or
4her initiative or upon the request of a Committee member.
5Meetings may be held in person or by teleconference. The
6Committee shall discuss and monitor changes in drug use data in
7Illinois and the emerging science and medical information
8relevant to the health effects associated with cannabis use and
9may provide recommendations to the Department of Human Services
10about public health awareness campaigns and messages. The
11Committee shall include the following members appointed by the
12Governor and shall represent the geographic, ethnic, and racial
13diversity of the State:
14        (1) The Director of Public Health, or his or her
15    designee, who shall serve as the Chairperson.
16        (2) The Secretary of Human Services, or his or her
17    designee, who shall serve as the Co-Chairperson.
18        (3) A representative of the poison control center.
19        (4) A pharmacologist.
20        (5) A pulmonologist.
21        (6) An emergency room physician.
22        (7) An emergency medical technician, paramedic, or
23    other first responder.
24        (8) A nurse practicing in a school-based setting.
25        (9) A psychologist.
26        (10) A neonatologist.

 

 

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1        (11) An obstetrician-gynecologist.
2        (12) A drug epidemiologist.
3        (13) A medical toxicologist.
4        (14) An addiction psychiatrist.
5        (15) A pediatrician.
6        (16) A representative of a statewide professional
7    public health organization.
8        (17) A representative of a statewide hospital/health
9    system association.
10        (18) An individual registered as a patient in the
11    Compassionate Use of Medical Cannabis Pilot Program.
12        (19) An individual registered as a caregiver in the
13    Compassionate Use of Medical Cannabis Pilot Program.
14        (20) A representative of an organization focusing on
15    cannabis-related policy.
16        (21) A representative of an organization focusing on
17    the civil liberties of individuals who reside in Illinois.
18        (22) A representative of the criminal defense or civil
19    aid community of attorneys serving Disproportionately
20    Impacted Areas.
21        (23) A representative of licensed cannabis business
22    establishments.
23        (24) A Social Equity Applicant.
24        (25) A representative of a statewide community-based
25    substance use disorder treatment provider association.
26        (26) A representative of a statewide community-based

 

 

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1    mental health treatment provider association.
2        (27) A representative of a community-based substance
3    use disorder treatment provider.
4        (28) A representative of a community-based mental
5    health treatment provider.
6        (29) A substance use disorder treatment patient
7    representative.
8        (30) A mental health treatment patient representative.
9    (c) The Committee shall provide a report by September 30,
102021, and every year thereafter, to the General Assembly. The
11Department of Public Health shall make the report available on
12its website.
13(Source: P.A. 101-27, eff. 6-25-19.)
 
14    (410 ILCS 705/7-1)
15    Sec. 7-1. Findings.
16    (a) The General Assembly finds that the medical cannabis
17industry, established in 2014 through the Compassionate Use of
18Medical Cannabis Pilot Program Act, has shown that additional
19efforts are needed to reduce barriers to ownership. Through
20that program, 55 licenses for dispensing organizations and 20
21licenses for cultivation centers have been issued. Those
22licenses are held by only a small number of businesses, the
23ownership of which does not sufficiently meet the General
24Assembly's interest in business ownership that reflects the
25population of the State of Illinois and that demonstrates the

 

 

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1need to reduce barriers to entry for individuals and
2communities most adversely impacted by the enforcement of
3cannabis-related laws.
4    (b) In the interest of establishing a legal cannabis
5industry that is equitable and accessible to those most
6adversely impacted by the enforcement of drug-related laws in
7this State, including cannabis-related laws, the General
8Assembly finds and declares that a social equity program should
9be established.
10    (c) The General Assembly also finds and declares that
11individuals who have been arrested or incarcerated due to drug
12laws suffer long-lasting negative consequences, including
13impacts to employment, business ownership, housing, health,
14and long-term financial well-being.
15    (d) The General Assembly also finds and declares that
16family members, especially children, and communities of those
17who have been arrested or incarcerated due to drug laws, suffer
18from emotional, psychological, and financial harms as a result
19of such arrests or incarcerations.
20    (e) Furthermore, the General Assembly finds and declares
21that certain communities have disproportionately suffered the
22harms of enforcement of cannabis-related laws. Those
23communities face greater difficulties accessing traditional
24banking systems and capital for establishing businesses.
25    (f) The General Assembly also finds that individuals who
26have resided in areas of high poverty suffer negative

 

 

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1consequences, including barriers to entry in employment,
2business ownership, housing, health, and long-term financial
3well-being.
4    (g) The General Assembly also finds and declares that
5promotion of business ownership by individuals who have resided
6in areas of high poverty and high enforcement of
7cannabis-related laws furthers an equitable cannabis industry.
8    (h) Therefore, in the interest of remedying the harms
9resulting from the disproportionate enforcement of
10cannabis-related laws, the General Assembly finds and declares
11that a social equity program should offer, among other things,
12financial assistance and license application benefits to
13individuals most directly and adversely impacted by the
14enforcement of cannabis-related laws who are interested in
15starting cannabis business establishments.
16(Source: P.A. 101-27, eff. 6-25-19.)
 
17    (410 ILCS 705/7-10)
18    Sec. 7-10. Cannabis Business Development Fund.
19    (a) There is created in the State treasury a special fund,
20which shall be held separate and apart from all other State
21moneys, to be known as the Cannabis Business Development Fund.
22The Cannabis Business Development Fund shall be exclusively
23used for the following purposes:
24        (1) to provide low-interest rate loans to Qualified
25    Social Equity Applicants to pay for ordinary and necessary

 

 

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1    expenses to start and operate a cannabis business
2    establishment permitted by this Act;
3        (2) to provide grants to Qualified Social Equity
4    Applicants to pay for ordinary and necessary expenses to
5    start and operate a cannabis business establishment
6    permitted by this Act;
7        (3) to compensate the Department of Commerce and
8    Economic Opportunity for any costs related to the provision
9    of low-interest loans and grants to Qualified Social Equity
10    Applicants;
11        (4) to pay for outreach that may be provided or
12    targeted to attract and support Social Equity Applicants
13    and Qualified Social Equity Applicants;
14        (5) (blank);
15        (6) to conduct any study or research concerning the
16    participation of minorities, women, veterans, or people
17    with disabilities in the cannabis industry, including,
18    without limitation, barriers to such individuals entering
19    the industry as equity owners of cannabis business
20    establishments;
21        (7) (blank); and
22        (8) to assist with job training and technical
23    assistance for residents in Disproportionately Impacted
24    Areas.
25    (b) All moneys collected under Sections 15-15 and 15-20 for
26Early Approval Adult Use Dispensing Organization Licenses

 

 

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1issued before January 1, 2021 and remunerations made as a
2result of transfers of permits awarded to Qualified Social
3Equity Applicants shall be deposited into the Cannabis Business
4Development Fund.
5    (c) As soon as practical after July 1, 2019, the
6Comptroller shall order and the Treasurer shall transfer
7$12,000,000 from the Compassionate Use of Medical Cannabis Fund
8to the Cannabis Business Development Fund.
9    (d) Notwithstanding any other law to the contrary, the
10Cannabis Business Development Fund is not subject to sweeps,
11administrative charge-backs, or any other fiscal or budgetary
12maneuver that would in any way transfer any amounts from the
13Cannabis Business Development Fund into any other fund of the
14State.
15(Source: P.A. 101-27, eff. 6-25-19.)
 
16    (410 ILCS 705/7-15)
17    Sec. 7-15. Loans and grants to Social Equity Applicants.
18    (a) The Department of Commerce and Economic Opportunity
19shall establish grant and loan programs, subject to
20appropriations from the Cannabis Business Development Fund,
21for the purposes of providing financial assistance, loans,
22grants, and technical assistance to Social Equity Applicants.
23    (b) The Department of Commerce and Economic Opportunity has
24the power to:
25        (1) provide Cannabis Social Equity loans and grants

 

 

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1    from appropriations from the Cannabis Business Development
2    Fund to assist Qualified Social Equity Applicants in
3    gaining entry to, and successfully operating in, the
4    State's regulated cannabis marketplace;
5        (2) enter into agreements that set forth terms and
6    conditions of the financial assistance, accept funds or
7    grants, and engage in cooperation with private entities and
8    agencies of State or local government to carry out the
9    purposes of this Section;
10        (3) fix, determine, charge, and collect any premiums,
11    fees, charges, costs and expenses, including application
12    fees, commitment fees, program fees, financing charges, or
13    publication fees in connection with its activities under
14    this Section;
15        (4) coordinate assistance under these loan programs
16    with activities of the Illinois Department of Financial and
17    Professional Regulation, the Illinois Department of
18    Agriculture, and other agencies as needed to maximize the
19    effectiveness and efficiency of this Act;
20        (5) provide staff, administration, and related support
21    required to administer this Section;
22        (6) take whatever actions are necessary or appropriate
23    to protect the State's interest in the event of bankruptcy,
24    default, foreclosure, or noncompliance with the terms and
25    conditions of financial assistance provided under this
26    Section, including the ability to recapture funds if the

 

 

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1    recipient is found to be noncompliant with the terms and
2    conditions of the financial assistance agreement;
3        (7) establish application, notification, contract, and
4    other forms, procedures, or rules deemed necessary and
5    appropriate; and
6        (8) utilize vendors or contract work to carry out the
7    purposes of this Act.
8    (c) Loans made under this Section:
9        (1) shall only be made if, in the Department's
10    judgment, the project furthers the goals set forth in this
11    Act; and
12        (2) shall be in such principal amount and form and
13    contain such terms and provisions with respect to security,
14    insurance, reporting, delinquency charges, default
15    remedies, and other matters as the Department shall
16    determine appropriate to protect the public interest and to
17    be consistent with the purposes of this Section. The terms
18    and provisions may be less than required for similar loans
19    not covered by this Section.
20    (d) Grants made under this Section shall be awarded on a
21competitive and annual basis under the Grant Accountability and
22Transparency Act. Grants made under this Section shall further
23and promote the goals of this Act, including promotion of
24Social Equity Applicants, job training and workforce
25development, and technical assistance to Social Equity
26Applicants.

 

 

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1    (e) Beginning January 1, 2021 and each year thereafter, the
2Department shall annually report to the Governor and the
3General Assembly on the outcomes and effectiveness of this
4Section that shall include the following:
5        (1) the number of persons or businesses receiving
6    financial assistance under this Section;
7        (2) the amount in financial assistance awarded in the
8    aggregate, in addition to the amount of loans made that are
9    outstanding and the amount of grants awarded;
10        (3) the location of the project engaged in by the
11    person or business; and
12        (4) if applicable, the number of new jobs and other
13    forms of economic output created as a result of the
14    financial assistance.
15    (f) The Department of Commerce and Economic Opportunity
16shall include engagement with individuals with limited English
17proficiency as part of its outreach provided or targeted to
18attract and support Social Equity Applicants.
19(Source: P.A. 101-27, eff. 6-25-19.)
 
20    (410 ILCS 705/7-25)
21    Sec. 7-25. Transfer of license awarded to Qualified Social
22Equity Applicant.
23    (a) In the event a Qualified Social Equity Applicant seeks
24to transfer, sell, or grant a cannabis business establishment
25license within 5 years after it was issued to a person or

 

 

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1entity that does not qualify as a Social Equity Applicant, the
2transfer agreement shall require the new license holder to pay
3the Cannabis Business Development Fund an amount equal to:
4        (1) any fees that were waived by any State agency based
5    on the applicant's status as a Social Equity Applicant, if
6    applicable;
7        (2) any outstanding amount owed by the Qualified Social
8    Equity Applicant for a loan through the Cannabis Business
9    Development Fund, if applicable; and
10        (3) the full amount of any grants that the Qualified
11    Social Equity Applicant received from the Department of
12    Commerce and Economic Opportunity, if applicable.
13    (b) Transfers of cannabis business establishment licenses
14awarded to a Social Equity Applicant are subject to all other
15provisions of this Act, the Compassionate Use of Medical
16Cannabis Pilot Program Act, and rules regarding transfers.
17(Source: P.A. 101-27, eff. 6-25-19.)
 
18    (410 ILCS 705/10-5)
19    Sec. 10-5. Personal use of cannabis; restrictions on
20cultivation; penalties.
21    (a) Beginning January 1, 2020, notwithstanding any other
22provision of law, and except as otherwise provided in this Act,
23the following acts are not a violation of this Act and shall
24not be a criminal or civil offense under State law or the
25ordinances of any unit of local government of this State or be

 

 

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1a basis for seizure or forfeiture of assets under State law for
2persons other than natural individuals under 21 years of age:
3        (1) possession, consumption, use, purchase, obtaining,
4    or transporting cannabis paraphernalia or an amount of
5    cannabis for personal use that does not exceed the
6    possession limit under Section 10-10 or otherwise in
7    accordance with the requirements of this Act;
8        (2) cultivation of cannabis for personal use in
9    accordance with the requirements of this Act; and
10        (3) controlling property if actions that are
11    authorized by this Act occur on the property in accordance
12    with this Act.
13    (a-1) Beginning January 1, 2020, notwithstanding any other
14provision of law, and except as otherwise provided in this Act,
15possessing, consuming, using, purchasing, obtaining, or
16transporting cannabis paraphernalia or an amount of cannabis
17purchased or produced in accordance with this Act that does not
18exceed the possession limit under subsection (a) of Section
1910-10 shall not be a basis for seizure or forfeiture of assets
20under State law.
21    (b) Cultivating cannabis for personal use is subject to the
22following limitations:
23        (1) An Illinois resident 21 years of age or older who
24    is a registered qualifying patient under the Compassionate
25    Use of Medical Cannabis Pilot Program Act may cultivate
26    cannabis plants, with a limit of 5 plants that are more

 

 

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1    than 5 inches tall, per household without a cultivation
2    center or craft grower license. In this Section, "resident"
3    means a person who has been domiciled in the State of
4    Illinois for a period of 30 days before cultivation.
5        (2) Cannabis cultivation must take place in an
6    enclosed, locked space.
7        (3) Adult registered qualifying patients may purchase
8    cannabis seeds from a dispensary for the purpose of home
9    cultivation. Seeds may not be given or sold to any other
10    person.
11        (4) Cannabis plants shall not be stored or placed in a
12    location where they are subject to ordinary public view, as
13    defined in this Act. A registered qualifying patient who
14    cultivates cannabis under this Section shall take
15    reasonable precautions to ensure the plants are secure from
16    unauthorized access, including unauthorized access by a
17    person under 21 years of age.
18        (5) Cannabis cultivation may occur only on residential
19    property lawfully in possession of the cultivator or with
20    the consent of the person in lawful possession of the
21    property. An owner or lessor of residential property may
22    prohibit the cultivation of cannabis by a lessee.
23        (6) (Blank).
24        (7) A dwelling, residence, apartment, condominium
25    unit, enclosed, locked space, or piece of property not
26    divided into multiple dwelling units shall not contain more

 

 

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1    than 5 plants at any one time.
2        (8) Cannabis plants may only be tended by registered
3    qualifying patients who reside at the residence, or their
4    authorized agent attending to the residence for brief
5    periods, such as when the qualifying patient is temporarily
6    away from the residence.
7        (9) A registered qualifying patient who cultivates
8    more than the allowable number of cannabis plants, or who
9    sells or gives away cannabis plants, cannabis, or
10    cannabis-infused products produced under this Section, is
11    liable for penalties as provided by law, including the
12    Cannabis Control Act, in addition to loss of home
13    cultivation privileges as established by rule.
14(Source: P.A. 101-27, eff. 6-25-19.)
 
15    (410 ILCS 705/10-10)
16    Sec. 10-10. Possession limit.
17    (a) Except if otherwise authorized by this Act, for a
18person who is 21 years of age or older and a resident of this
19State, the possession limit is as follows:
20        (1) 30 grams of cannabis flower;
21        (2) no more than 500 milligrams of THC contained in
22    cannabis-infused product;
23        (3) 5 grams of cannabis concentrate; and
24        (4) for registered qualifying patients, any cannabis
25    produced by cannabis plants grown under subsection (b) of

 

 

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1    Section 10-5, provided any amount of cannabis produced in
2    excess of 30 grams of raw cannabis or its equivalent must
3    remain secured within the residence or residential
4    property in which it was grown.
5    (b) For a person who is 21 years of age or older and who is
6not a resident of this State, the possession limit is:
7        (1) 15 grams of cannabis flower;
8        (2) 2.5 grams of cannabis concentrate; and
9        (3) 250 milligrams of THC contained in a
10    cannabis-infused product.
11    (c) The possession limits found in subsections (a) and (b)
12of this Section are to be considered cumulative.
13    (d) No person shall knowingly obtain, seek to obtain, or
14possess an amount of cannabis from a dispensing organization or
15craft grower that would cause him or her to exceed the
16possession limit under this Section, including cannabis that is
17cultivated by a person under this Act or obtained under the
18Compassionate Use of Medical Cannabis Pilot Program Act.
19    (e) Cannabis and cannabis-derived substances regulated
20under the Industrial Hemp Act are not covered by this Act.
21(Source: P.A. 101-27, eff. 6-25-19.)
 
22    (410 ILCS 705/10-15)
23    Sec. 10-15. Persons under 21 years of age.
24    (a) Nothing in this Act is intended to permit the transfer
25of cannabis, with or without remuneration, to a person under 21

 

 

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1years of age, or to allow a person under 21 years of age to
2purchase, possess, use, process, transport, grow, or consume
3cannabis except where authorized by the Compassionate Use of
4Medical Cannabis Pilot Program Act or by the Community College
5Cannabis Vocational Pilot Program.
6    (b) Notwithstanding any other provisions of law
7authorizing the possession of medical cannabis, nothing in this
8Act authorizes a person who is under 21 years of age to possess
9cannabis. A person under 21 years of age with cannabis in his
10or her possession is guilty of a civil law violation as
11outlined in paragraph (a) of Section 4 of the Cannabis Control
12Act.
13    (c) If the person under the age of 21 was in a motor
14vehicle at the time of the offense, the Secretary of State may
15suspend or revoke the driving privileges of any person for a
16violation of this Section under Section 6-206 of the Illinois
17Vehicle Code and the rules adopted under it.
18    (d) It is unlawful for any parent or guardian to knowingly
19permit his or her residence, any other private property under
20his or her control, or any vehicle, conveyance, or watercraft
21under his or her control to be used by an invitee of the
22parent's child or the guardian's ward, if the invitee is under
23the age of 21, in a manner that constitutes a violation of this
24Section. A parent or guardian is deemed to have knowingly
25permitted his or her residence, any other private property
26under his or her control, or any vehicle, conveyance, or

 

 

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1watercraft under his or her control to be used in violation of
2this Section if he or she knowingly authorizes or permits
3consumption of cannabis by underage invitees. Any person who
4violates this subsection (d) is guilty of a Class A misdemeanor
5and the person's sentence shall include, but shall not be
6limited to, a fine of not less than $500. If a violation of
7this subsection (d) directly or indirectly results in great
8bodily harm or death to any person, the person violating this
9subsection is guilty of a Class 4 felony. In this subsection
10(d), where the residence or other property has an owner and a
11tenant or lessee, the trier of fact may infer that the
12residence or other property is occupied only by the tenant or
13lessee.
14(Source: P.A. 101-27, eff. 6-25-19.)
 
15    (410 ILCS 705/10-25)
16    Sec. 10-25. Immunities and presumptions related to the use
17of cannabis by purchasers.
18    (a) A purchaser who is 21 years of age or older is not
19subject to arrest, prosecution, denial of any right or
20privilege, or other punishment including, but not limited to,
21any civil penalty or disciplinary action taken by an
22occupational or professional licensing board, based solely on
23the use of cannabis if (1) the purchaser possesses an amount of
24cannabis that does not exceed the possession limit under
25Section 10-10 and, if the purchaser is licensed, certified, or

 

 

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1registered to practice any trade or profession under any Act
2and (2) the use of cannabis does not impair that person when he
3or she is engaged in the practice of the profession for which
4he or she is licensed, certified, or registered.
5    (b) A purchaser 21 years of age or older is not subject to
6arrest, prosecution, denial of any right or privilege, or other
7punishment, including, but not limited to, any civil penalty or
8disciplinary action taken by an occupational or professional
9licensing board, based solely for (i) selling cannabis
10paraphernalia if employed and licensed as a dispensing agent by
11a dispensing organization; or (ii) being in the presence or
12vicinity of the use of cannabis or cannabis paraphernalia as
13allowed under this Act; or (iii) possessing cannabis
14paraphernalia.
15    (c) Mere possession of, or application for, an agent
16identification card or license does not constitute probable
17cause or reasonable suspicion to believe that a crime has been
18committed, nor shall it be used as the sole basis to support
19the search of the person, property, or home of the person
20possessing or applying for the agent identification card. The
21possession of, or application for, an agent identification card
22does not preclude the existence of probable cause if probable
23cause exists based on other grounds.
24    (d) No person employed by the State of Illinois shall be
25subject to criminal or civil penalties for taking any action in
26good faith in reliance on this Act when acting within the scope

 

 

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1of his or her employment. Representation and indemnification
2shall be provided to State employees as set forth in Section 2
3of the State Employee Indemnification Act.
4    (e) No law enforcement or correctional agency, nor any
5person employed by a law enforcement or correctional agency,
6shall be subject to criminal or civil liability, except for
7willful and wanton misconduct, as a result of taking any action
8within the scope of the official duties of the agency or person
9to prohibit or prevent the possession or use of cannabis by a
10person incarcerated at a correctional facility, jail, or
11municipal lockup facility, on parole or mandatory supervised
12release, or otherwise under the lawful jurisdiction of the
13agency or person.
14    (f) For purposes of receiving medical care, including organ
15transplants, a person's use of cannabis under this Act does not
16constitute the use of an illicit substance or otherwise
17disqualify a person from medical care.
18(Source: P.A. 101-27, eff. 6-25-19.)
 
19    (410 ILCS 705/10-30)
20    Sec. 10-30. Discrimination prohibited.
21    (a) Neither the presence of cannabinoid components or
22metabolites in a person's bodily fluids nor possession of
23cannabis-related paraphernalia, nor conduct related to the use
24of cannabis or the participation in cannabis-related
25activities lawful under this Act by a custodial or noncustodial

 

 

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1parent, grandparent, legal guardian, foster parent, or other
2person charged with the well-being of a child, shall form the
3sole or primary basis or supporting basis for any action or
4proceeding by a child welfare agency or in a family or juvenile
5court, any adverse finding, adverse evidence, or restriction of
6any right or privilege in a proceeding related to adoption of a
7child, acting as a foster parent of a child, or a person's
8fitness to adopt a child or act as a foster parent of a child,
9or serve as the basis of any adverse finding, adverse evidence,
10or restriction of any right of privilege in a proceeding
11related to guardianship, conservatorship, trusteeship, the
12execution of a will, or the management of an estate, unless the
13person's actions in relation to cannabis created an
14unreasonable danger to the safety of the minor or otherwise
15show the person to not be competent as established by clear and
16convincing evidence. This subsection applies only to conduct
17protected under this Act.
18    (b) No landlord may be penalized or denied any benefit
19under State law for leasing to a person who uses cannabis under
20this Act.
21    (c) Nothing in this Act may be construed to require any
22person or establishment in lawful possession of property to
23allow a guest, client, lessee, customer, or visitor to use
24cannabis on or in that property, including on any land owned in
25whole or in part or managed in whole or in part by the State.
26(Source: P.A. 101-27, eff. 6-25-19.)
 

 

 

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1    (410 ILCS 705/10-35)
2    Sec. 10-35. Limitations and penalties.
3    (a) This Act does not permit any person to engage in, and
4does not prevent the imposition of any civil, criminal, or
5other penalties for engaging in, any of the following conduct:
6        (1) undertaking any task under the influence of
7    cannabis when doing so would constitute negligence,
8    professional malpractice, or professional misconduct;
9        (2) possessing cannabis:
10            (A) in a school bus, unless permitted for a
11        qualifying patient or caregiver pursuant to the
12        Compassionate Use of Medical Cannabis Pilot Program
13        Act;
14            (B) on the grounds of any preschool or primary or
15        secondary school, unless permitted for a qualifying
16        patient or caregiver pursuant to the Compassionate Use
17        of Medical Cannabis Pilot Program Act;
18            (C) in any correctional facility;
19            (D) in a vehicle not open to the public unless the
20        cannabis is in a reasonably secured, sealed container
21        and reasonably inaccessible while the vehicle is
22        moving; or
23            (E) in a private residence that is used at any time
24        to provide licensed child care or other similar social
25        service care on the premises;

 

 

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1        (3) using cannabis:
2            (A) in a school bus, unless permitted for a
3        qualifying patient or caregiver pursuant to the
4        Compassionate Use of Medical Cannabis Pilot Program
5        Act;
6            (B) on the grounds of any preschool or primary or
7        secondary school, unless permitted for a qualifying
8        patient or caregiver pursuant to the Compassionate Use
9        of Medical Cannabis Pilot Program Act;
10            (C) in any correctional facility;
11            (D) in any motor vehicle;
12            (E) in a private residence that is used at any time
13        to provide licensed child care or other similar social
14        service care on the premises;
15            (F) in any public place; or
16            (G) knowingly in close physical proximity to
17        anyone under 21 years of age who is not a registered
18        medical cannabis patient under the Compassionate Use
19        of Medical Cannabis Pilot Program Act;
20        (4) smoking cannabis in any place where smoking is
21    prohibited under the Smoke Free Illinois Act;
22        (5) operating, navigating, or being in actual physical
23    control of any motor vehicle, aircraft, watercraft, or
24    snowmobile while using or under the influence of cannabis
25    in violation of Section 11-501 or 11-502.1 of the Illinois
26    Vehicle Code, Section 5-16 of the Boat Registration and

 

 

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1    Safety Act, or Section 5-7 of the Snowmobile Registration
2    and Safety Act or motorboat while using or under the
3    influence of cannabis in violation of Section 11-501 or
4    11-502.1 of the Illinois Vehicle Code;
5        (6) facilitating the use of cannabis by any person who
6    is not allowed to use cannabis under this Act or the
7    Compassionate Use of Medical Cannabis Pilot Program Act;
8        (7) transferring cannabis to any person contrary to
9    this Act or the Compassionate Use of Medical Cannabis Pilot
10    Program Act;
11        (8) the use of cannabis by a law enforcement officer,
12    corrections officer, probation officer, or firefighter
13    while on duty; nothing in this Act prevents a public
14    employer of law enforcement officers, corrections
15    officers, probation officers, paramedics, or firefighters
16    from prohibiting or taking disciplinary action for the
17    consumption, possession, sales, purchase, or delivery of
18    cannabis or cannabis-infused substances while on or off
19    duty, unless provided for in the employer's policies.
20    However, an employer may not take adverse employment action
21    against an employee based solely on the lawful possession
22    or consumption of cannabis or cannabis-infused substances
23    by members of the employee's household. To the extent that
24    this Section conflicts with any applicable collective
25    bargaining agreement, the provisions of the collective
26    bargaining agreement shall prevail. Further, nothing in

 

 

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1    this Act shall be construed to limit in any way the right
2    to collectively bargain over the subject matters contained
3    in this Act; or
4        (9) the use of cannabis by a person who has a school
5    bus permit or a Commercial Driver's License while on duty.
6    As used in this Section, "public place" means any place
7where a person could reasonably be expected to be observed by
8others. "Public place" includes all parts of buildings owned in
9whole or in part, or leased, by the State or a unit of local
10government. "Public place" includes all areas in a park,
11recreation area, wildlife area or playground owned in whole or
12in part, leased, or managed by the State. "Public place" does
13not include a private residence unless the private residence is
14used to provide licensed child care, foster care, or other
15similar social service care on the premises.
16    (b) Nothing in this Act shall be construed to prevent the
17arrest or prosecution of a person for reckless driving or
18driving under the influence of cannabis, operating a watercraft
19under the influence of cannabis, or operating a snowmobile
20under the influence of cannabis if probable cause exists.
21    (c) Nothing in this Act shall prevent a private business
22from restricting or prohibiting the use of cannabis on its
23property, including areas where motor vehicles are parked.
24    (d) Nothing in this Act shall require an individual or
25business entity to violate the provisions of federal law,
26including colleges or universities that must abide by the

 

 

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1Drug-Free Schools and Communities Act Amendments of 1989, that
2require campuses to be drug free.
3(Source: P.A. 101-27, eff. 6-25-19.)
 
4    (410 ILCS 705/10-40)
5    Sec. 10-40. Restore, Reinvest, and Renew Program.
6    (a) The General Assembly finds that in order to address the
7disparities described below, aggressive approaches and
8targeted resources to support local design and control of
9community-based responses to these outcomes are required. To
10carry out this intent, the Restore, Reinvest, and Renew (R3)
11Program is created for the following purposes:
12        (1) to directly address the impact of economic
13    disinvestment, violence, and the historical overuse of
14    criminal justice responses to community and individual
15    needs by providing resources to support local design and
16    control of community-based responses to these impacts;
17        (2) to substantially reduce both the total amount of
18    gun violence and concentrated poverty in this State;
19        (3) to protect communities from gun violence through
20    targeted investments and intervention programs, including
21    economic growth and improving family violence prevention,
22    community trauma treatment rates, gun injury victim
23    services, and public health prevention activities;
24        (4) to promote employment infrastructure and capacity
25    building related to the social determinants of health in

 

 

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1    the eligible community areas.
2    (b) In this Section, "Authority" means the Illinois
3Criminal Justice Information Authority in coordination with
4the Justice, Equity, and Opportunity Initiative of the
5Lieutenant Governor's Office.
6    (c) Eligibility of R3 Areas. Within 180 days after the
7effective date of this Act, the Authority shall identify as
8eligible, areas in this State by way of historically recognized
9geographic boundaries, to be designated by the Restore,
10Reinvest, and Renew Program Board as R3 Areas and therefore
11eligible to apply for R3 funding. Local groups within R3 Areas
12will be eligible to apply for State funding through the
13Restore, Reinvest, and Renew Program Board. Qualifications for
14designation as an R3 Area are as follows:
15        (1) Based on an analysis of data, communities in this
16    State that are high need, underserved, disproportionately
17    impacted by historical economic disinvestment, and ravaged
18    by violence as indicated by the highest rates of gun
19    injury, unemployment, child poverty rates, and commitments
20    to and returns from the Illinois Department of Corrections.
21        (2) The Authority shall send to the Legislative Audit
22    Commission and make publicly available its analysis and
23    identification of eligible R3 Areas and shall recalculate
24    the he eligibility data every 4 years. On an annual basis,
25    the Authority shall analyze data and indicate if data
26    covering any R3 Area or portion of an Area has, for 4

 

 

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1    consecutive years, substantially deviated from the average
2    of statewide data on which the original calculation was
3    made to determine the Areas, including disinvestment,
4    violence, gun injury, unemployment, child poverty rates,
5    or commitments to or returns from the Illinois Department
6    of Corrections.
7    (d) The Restore, Reinvest, and Renew Program Board shall
8encourage collaborative partnerships within each R3 Area to
9minimize multiple partnerships per Area.
10    (e) The Restore, Reinvest, and Renew Program Board is
11created and shall reflect the diversity of the State of
12Illinois, including geographic, racial, and ethnic diversity.
13Using the data provided by the Authority, the Restore,
14Reinvest, and Renew Program Board shall be responsible for
15designating the R3 Area boundaries and for the selection and
16oversight of R3 Area grantees. The Restore, Reinvest, and Renew
17Program Board ex officio members shall, within 4 months after
18the effective date of this Act, convene the Board to appoint a
19full Restore, Reinvest, and Renew Program Board and oversee,
20provide guidance to, and develop an administrative structure
21for the R3 Program.
22            (1) The ex officio members are:
23                (A) The Lieutenant Governor, or his or her
24            designee, who shall serve as chair.
25                (B) The Attorney General, or his or her
26            designee.

 

 

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1                (C) The Director of Commerce and Economic
2            Opportunity, or his or her designee.
3                (D) The Director of Public Health, or his or
4            her designee.
5                (E) The Director of Corrections, or his or her
6            designee.
7                (F) The Director of Juvenile Justice, or his or
8            her designee.
9                (G) The Director of Children and Family
10            Services, or his or her designee.
11                (H) (F) The Executive Director of the Illinois
12            Criminal Justice Information Authority, or his or
13            her designee.
14                (I) (G) The Director of Employment Security,
15            or his or her designee.
16                (J) (H) The Secretary of Human Services, or his
17            or her designee.
18                (K) (I) A member of the Senate, designated by
19            the President of the Senate.
20                (L) (J) A member of the House of
21            Representatives, designated by the Speaker of the
22            House of Representatives.
23                (M) (K) A member of the Senate, designated by
24            the Minority Leader of the Senate.
25                (N) (L) A member of the House of
26            Representatives, designated by the Minority Leader

 

 

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1            of the House of Representatives.
2        (2) Within 90 days after the R3 Areas have been
3    designated by the Restore, Reinvest, and Renew Program
4    Board, the following members shall be appointed to the
5    Board by the R3 board chair:
6            (A) Eight public officials of municipal geographic
7        jurisdictions in the State that include an R3 Area, or
8        their designees;
9            (B) Four 4 community-based providers or community
10        development organization representatives who provide
11        services to treat violence and address the social
12        determinants of health, or promote community
13        investment, including, but not limited to, services
14        such as job placement and training, educational
15        services, workforce development programming, and
16        wealth building. The community-based organization
17        representatives shall work primarily in jurisdictions
18        that include an R3 Area and no more than 2
19        representatives shall work primarily in Cook County.
20        At least one of the community-based providers shall
21        have expertise in providing services to an immigrant
22        population;
23            (C) Two experts in the field of violence reduction;
24            (D) One male who has previously been incarcerated
25        and is over the age of 24 at the time of appointment;
26            (E) One female who has previously been

 

 

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1        incarcerated and is over the age of 24 at the time of
2        appointment;
3            (F) Two individuals who have previously been
4        incarcerated and are between the ages of 17 and 24 at
5        the time of appointment.
6        As used in this paragraph (2), "an individual who has
7    been previously incarcerated" means a person who has been
8    convicted of or pled guilty to one or more felonies, who
9    was sentenced to a term of imprisonment, and who has
10    completed his or her sentence. Board members shall serve
11    without compensation and may be reimbursed for reasonable
12    expenses incurred in the performance of their duties from
13    funds appropriated for that purpose. Once all its members
14    have been appointed as outlined in items (A) through (F) of
15    this paragraph (2), the Board may exercise any power,
16    perform any function, take any action, or do anything in
17    furtherance of its purposes and goals upon the appointment
18    of a quorum of its members. The Board terms of the non-ex
19    officio and General Assembly Board members shall end 4
20    years from the date of appointment.
21    (f) Within 12 months after the effective date of this Act,
22the Board shall:
23        (1) develop a process to solicit applications from
24    eligible R3 Areas;
25        (2) develop a standard template for both planning and
26    implementation activities to be submitted by R3 Areas to

 

 

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1    the State;
2        (3) identify resources sufficient to support the full
3    administration and evaluation of the R3 Program, including
4    building and sustaining core program capacity at the
5    community and State levels;
6        (4) review R3 Area grant applications and proposed
7    agreements and approve the distribution of resources;
8        (5) develop a performance measurement system that
9    focuses on positive outcomes;
10        (6) develop a process to support ongoing monitoring and
11    evaluation of R3 programs; and
12        (7) deliver an annual report to the General Assembly
13    and to the Governor to be posted on the Governor's Office
14    and General Assembly websites and provide to the public an
15    annual report on its progress.
16    (g) R3 Area grants.
17        (1) Grant funds shall be awarded by the Illinois
18    Criminal Justice Information Authority, in coordination
19    with the R3 board, based on the likelihood that the plan
20    will achieve the outcomes outlined in subsection (a) and
21    consistent with the requirements of the Grant
22    Accountability and Transparency Act. The R3 Program shall
23    also facilitate the provision of training and technical
24    assistance for capacity building within and among R3 Areas.
25        (2) R3 Program Board grants shall be used to address
26    economic development, violence prevention services,

 

 

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1    re-entry services, youth development, and civil legal aid.
2        (3) The Restore, Reinvest, and Renew Program Board and
3    the R3 Area grantees shall, within a period of no more than
4    120 days from the completion of planning activities
5    described in this Section, finalize an agreement on the
6    plan for implementation. Implementation activities may:
7            (A) have a basis in evidence or best practice
8        research or have evaluations demonstrating the
9        capacity to address the purpose of the program in
10        subsection (a);
11            (B) collect data from the inception of planning
12        activities through implementation, with data
13        collection technical assistance when needed, including
14        cost data and data related to identified meaningful
15        short-term, mid-term, and long-term goals and metrics;
16            (C) report data to the Restore, Reinvest, and Renew
17        Program Board biannually; and
18            (D) report information as requested by the R3
19        Program Board.
20(Source: P.A. 101-27, eff. 6-25-19.)
 
21    (410 ILCS 705/10-50)
22    Sec. 10-50. Employment; employer liability.
23    (a) Nothing in this Act shall prohibit an employer from
24adopting reasonable zero tolerance or drug free workplace
25policies, or employment policies concerning drug testing,

 

 

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1smoking, consumption, storage, or use of cannabis in the
2workplace or while on call provided that the policy is applied
3in a nondiscriminatory manner.
4    (b) Nothing in this Act shall require an employer to permit
5an employee to be under the influence of or use cannabis in the
6employer's workplace or while performing the employee's job
7duties or while on call.
8    (c) Nothing in this Act shall limit or prevent an employer
9from disciplining an employee or terminating employment of an
10employee for violating an employer's employment policies or
11workplace drug policy.
12    (d) An employer may consider an employee to be impaired or
13under the influence of cannabis if the employer has a good
14faith belief that an employee manifests specific, articulable
15symptoms while working that decrease or lessen the employee's
16performance of the duties or tasks of the employee's job
17position, including symptoms of the employee's speech,
18physical dexterity, agility, coordination, demeanor,
19irrational or unusual behavior, or negligence or carelessness
20in operating equipment or machinery; disregard for the safety
21of the employee or others, or involvement in any accident that
22results in serious damage to equipment or property; disruption
23of a production or manufacturing process; or carelessness that
24results in any injury to the employee or others. If an employer
25elects to discipline an employee on the basis that the employee
26is under the influence or impaired by cannabis, the employer

 

 

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1must afford the employee a reasonable opportunity to contest
2the basis of the determination.
3    (e) Nothing in this Act shall be construed to create or
4imply a cause of action for any person against an employer for:
5        (1) actions taken pursuant to an employer's reasonable
6    workplace drug policy, including but not limited to
7    subjecting an employee or applicant to reasonable drug and
8    alcohol testing, reasonable and nondiscriminatory random
9    drug testing, and discipline, termination of employment,
10    or withdrawal of a job offer due to a failure of a drug
11    test; , including but not limited to subjecting an employee
12    or applicant to reasonable drug and alcohol testing under
13    the employer's workplace drug policy, including an
14    employee's refusal to be tested or to cooperate in testing
15    procedures or disciplining or termination of employment,
16        (2) actions based on the employer's good faith belief
17    that an employee used or possessed cannabis in the
18    employer's workplace or while performing the employee's
19    job duties or while on call in violation of the employer's
20    employment policies;
21        (3) (2) actions, including discipline or termination
22    of employment, based on the employer's good faith belief
23    that an employee was impaired as a result of the use of
24    cannabis, or under the influence of cannabis, while at the
25    employer's workplace or while performing the employee's
26    job duties or while on call in violation of the employer's

 

 

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1    workplace drug policy; or
2        (4) (3) injury, loss, or liability to a third party if
3    the employer neither knew nor had reason to know that the
4    employee was impaired.
5    (f) Nothing in this Act shall be construed to enhance or
6diminish protections afforded by any other law, including but
7not limited to the Compassionate Use of Medical Cannabis Pilot
8Program Act or the Opioid Alternative Pilot Program.
9    (g) Nothing in this Act shall be construed to interfere
10with any federal, State, or local restrictions on employment
11including, but not limited to, the United States Department of
12Transportation regulation 49 CFR 40.151(e) or impact an
13employer's ability to comply with federal or State law or cause
14it to lose a federal or State contract or funding.
15    (h) As used in this Section, "workplace" means the
16employer's premises, including any building, real property,
17and parking area under the control of the employer or area used
18by an employee while in the performance of the employee's job
19duties, and vehicles, whether leased, rented, or owned.
20"Workplace" may be further defined by the employer's written
21employment policy, provided that the policy is consistent with
22this Section.
23    (i) For purposes of this Section, an employee is deemed "on
24call" when such employee is scheduled with at least 24 hours'
25notice by his or her employer to be on standby or otherwise
26responsible for performing tasks related to his or her

 

 

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1employment either at the employer's premises or other
2previously designated location by his or her employer or
3supervisor to perform a work-related task.
4(Source: P.A. 101-27, eff. 6-25-19.)
 
5    (410 ILCS 705/15-15)
6    Sec. 15-15. Early Approval Adult Use Dispensing
7Organization License.
8    (a) Any medical cannabis dispensing organization holding a
9valid registration under the Compassionate Use of Medical
10Cannabis Pilot Program Act as of the effective date of this Act
11may, within 60 days of the effective date of this Act, apply to
12the Department for an Early Approval Adult Use Dispensing
13Organization License to serve purchasers at any medical
14cannabis dispensing location in operation on the effective date
15of this Act, pursuant to this Section.
16    (b) A medical cannabis dispensing organization seeking
17issuance of an Early Approval Adult Use Dispensing Organization
18License to serve purchasers at any medical cannabis dispensing
19location in operation as of the effective date of this Act
20shall submit an application on forms provided by the
21Department. The application must be submitted by the same
22person or entity that holds the medical cannabis dispensing
23organization registration and include the following:
24        (1) Payment of a nonrefundable fee of $30,000 to be
25    deposited into the Cannabis Regulation Fund;

 

 

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1        (2) Proof of registration as a medical cannabis
2    dispensing organization that is in good standing;
3        (3) Certification that the applicant will comply with
4    the requirements contained in the Compassionate Use of
5    Medical Cannabis Pilot Program Act except as provided in
6    this Act;
7        (4) The legal name of the dispensing organization;
8        (5) The physical address of the dispensing
9    organization;
10        (6) The name, address, social security number, and date
11    of birth of each principal officer and board member of the
12    dispensing organization, each of whom must be at least 21
13    years of age;
14        (7) A nonrefundable Cannabis Business Development Fee
15    equal to 3% of the dispensing organization's total sales
16    between June 1, 2018 to June 1, 2019, or $100,000,
17    whichever is less, to be deposited into the Cannabis
18    Business Development Fund; and
19        (8) Identification of one of the following Social
20    Equity Inclusion Plans to be completed by March 31, 2021:
21            (A) Make a contribution of 3% of total sales from
22        June 1, 2018 to June 1, 2019, or $100,000, whichever is
23        less, to the Cannabis Business Development Fund. This
24        is in addition to the fee required by item (7) of this
25        subsection (b);
26            (B) Make a grant of 3% of total sales from June 1,

 

 

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1        2018 to June 1, 2019, or $100,000, whichever is less,
2        to a cannabis industry training or education program at
3        an Illinois community college as defined in the Public
4        Community College Act;
5            (C) Make a donation of $100,000 or more to a
6        program that provides job training services to persons
7        recently incarcerated or that operates in a
8        Disproportionately Impacted Area;
9            (D) Participate as a host in a cannabis business
10        establishment incubator program approved by the
11        Department of Commerce and Economic Opportunity, and
12        in which an Early Approval Adult Use Dispensing
13        Organization License holder agrees to provide a loan of
14        at least $100,000 and mentorship to incubate, for at
15        least a year, a Social Equity Applicant intending to
16        seek a license a licensee that qualifies as a Social
17        Equity Applicant for at least a year. As used in this
18        Section, "incubate" means providing direct financial
19        assistance and training necessary to engage in
20        licensed cannabis industry activity similar to that of
21        the host licensee. The Early Approval Adult Use
22        Dispensing Organization License holder or the same
23        entity holding any other licenses issued pursuant to
24        this Act shall not take an ownership stake of greater
25        than 10% in any business receiving incubation services
26        to comply with this subsection. If an Early Approval

 

 

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1        Adult Use Dispensing Organization License holder fails
2        to find a business to incubate to comply with this
3        subsection before its Early Approval Adult Use
4        Dispensing Organization License expires, it may opt to
5        meet the requirement of this subsection by completing
6        another item from this subsection; or
7            (E) Participate in a sponsorship program for at
8        least 2 years approved by the Department of Commerce
9        and Economic Opportunity in which an Early Approval
10        Adult Use Dispensing Organization License holder
11        agrees to provide an interest-free loan of at least
12        $200,000 to a Social Equity Applicant. The sponsor
13        shall not take an ownership stake in any cannabis
14        business establishment receiving sponsorship services
15        to comply with this subsection.
16    (c) The license fee required by paragraph (1) of subsection
17(b) of this Section shall be in addition to any license fee
18required for the renewal of a registered medical cannabis
19dispensing organization license.
20    (d) Applicants must submit all required information,
21including the requirements in subsection (b) of this Section,
22to the Department. Failure by an applicant to submit all
23required information may result in the application being
24disqualified.
25    (e) If the Department receives an application that fails to
26provide the required elements contained in subsection (b), the

 

 

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1Department shall issue a deficiency notice to the applicant.
2The applicant shall have 10 calendar days from the date of the
3deficiency notice to submit complete information. Applications
4that are still incomplete after this opportunity to cure may be
5disqualified.
6    (f) If an applicant meets all the requirements of
7subsection (b) of this Section, the Department shall issue the
8Early Approval Adult Use Dispensing Organization License
9within 14 days of receiving a completed application unless:
10        (1) The licensee or a principal officer is delinquent
11    in filing any required tax returns or paying any amounts
12    owed to the State of Illinois;
13        (2) The Secretary of Financial and Professional
14    Regulation determines there is reason, based on documented
15    compliance violations, the licensee is not entitled to an
16    Early Approval Adult Use Dispensing Organization License;
17    or
18        (3) Any principal officer fails to register and remain
19    in compliance with this Act or the Compassionate Use of
20    Medical Cannabis Pilot Program Act.
21    (g) A registered medical cannabis dispensing organization
22that obtains an Early Approval Adult Use Dispensing
23Organization License may begin selling cannabis,
24cannabis-infused products, paraphernalia, and related items to
25purchasers under the rules of this Act no sooner than January
261, 2020.

 

 

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1    (h) A dispensing organization holding a medical cannabis
2dispensing organization license issued under the Compassionate
3Use of Medical Cannabis Pilot Program Act must maintain an
4adequate supply of cannabis and cannabis-infused products for
5purchase by qualifying patients, caregivers, provisional
6patients, and Opioid Alternative Pilot Program participants.
7For the purposes of this subsection, "adequate supply" means a
8monthly inventory level that is comparable in type and quantity
9to those medical cannabis products provided to patients and
10caregivers on an average monthly basis for the 6 months before
11the effective date of this Act.
12    (i) If there is a shortage of cannabis or cannabis-infused
13products, a dispensing organization holding both a dispensing
14organization license under the Compassionate Use of Medical
15Cannabis Pilot Program Act and this Act shall prioritize
16serving qualifying patients, caregivers, provisional patients,
17and Opioid Alternative Pilot Program participants before
18serving purchasers.
19    (j) Notwithstanding any law or rule to the contrary, a
20person that holds a medical cannabis dispensing organization
21license issued under the Compassionate Use of Medical Cannabis
22Pilot Program Act and an Early Approval Adult Use Dispensing
23Organization License may permit purchasers into a limited
24access area as that term is defined in administrative rules
25made under the authority in the Compassionate Use of Medical
26Cannabis Pilot Program Act.

 

 

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1    (k) An Early Approval Adult Use Dispensing Organization
2License is valid until March 31, 2021. A dispensing
3organization that obtains an Early Approval Adult Use
4Dispensing Organization License shall receive written or
5electronic notice 90 days before the expiration of the license
6that the license will expire, and that informs inform the
7license holder that it may apply to renew its Early Approval
8Adult Use Dispensing Organization License on forms provided by
9the Department. The Department shall renew the Early Approval
10Adult Use Dispensing Organization License within 60 days of the
11renewal application being deemed complete if:
12        (1) the dispensing organization submits an application
13    and the required nonrefundable renewal fee of $30,000, to
14    be deposited into the Cannabis Regulation Fund;
15        (2) the Department has not suspended or permanently
16    revoked the Early Approval Adult Use Dispensing
17    Organization License or a medical cannabis dispensing
18    organization license on the same premises for violations of
19    this Act, the Compassionate Use of Medical Cannabis Pilot
20    Program Act, or rules adopted pursuant to those Acts; and
21        (3) the dispensing organization has completed a Social
22    Equity Inclusion Plan as provided required by parts (A),
23    (B), and (C) of paragraph (8) of subsection (b) of this
24    Section or has made substantial progress toward completing
25    a Social Equity Inclusion Plan as provided by parts (D) and
26    (E) of paragraph (8) of subsection (b) of this Section; and

 

 

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1        (4) the dispensing organization is in compliance with
2    this Act and rules.
3    (l) The Early Approval Adult Use Dispensing Organization
4License renewed pursuant to subsection (k) of this Section
5shall expire March 31, 2022. The Early Approval Adult Use
6Dispensing Organization Licensee shall receive written or
7electronic notice 90 days before the expiration of the license
8that the license will expire, and that informs inform the
9license holder that it may apply for an Adult Use Dispensing
10Organization License on forms provided by the Department. The
11Department shall grant an Adult Use Dispensing Organization
12License within 60 days of an application being deemed complete
13if the applicant has met all of the criteria in Section 15-36.
14    (m) If a dispensing organization dispensary fails to submit
15an application for renewal of an Early Approval Adult Use
16Dispensing Organization License or for an Adult Use Dispensing
17Organization License before the expiration dates provided in
18subsections (k) and (l) of the Early Approval Adult Use
19Dispensing Organization License pursuant to subsection (k) of
20this Section, the dispensing organization shall cease serving
21purchasers and cease all operations until it receives a renewal
22or an Adult Use Dispensing Organization License, as the case
23may be.
24    (n) A dispensing organization agent who holds a valid
25dispensing organization agent identification card issued under
26the Compassionate Use of Medical Cannabis Pilot Program Act and

 

 

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1is an officer, director, manager, or employee of the dispensing
2organization licensed under this Section may engage in all
3activities authorized by this Article to be performed by a
4dispensing organization agent.
5    (o) If the Department suspends, permanently revokes, or
6otherwise disciplines the Early Approval Adult Use Dispensing
7Organization License of a dispensing organization that also
8holds a medical cannabis dispensing organization license
9issued under the Compassionate Use of Medical Cannabis Program
10Act, the Department may consider the suspension, permanent
11revocation, or other discipline of the medical cannabis
12dispensing organization license.
13    (p) (o) All fees collected pursuant to this Section shall
14be deposited into the Cannabis Regulation Fund, unless
15otherwise specified.
16(Source: P.A. 101-27, eff. 6-25-19.)
 
17    (410 ILCS 705/15-20)
18    Sec. 15-20. Early Approval Adult Use Dispensing
19Organization License; secondary site.
20    (a) If the Department suspends or revokes the Early
21Approval Adult Use Dispensing Organization License of a
22dispensing organization that also holds a medical cannabis
23dispensing organization license issued under the Compassionate
24Use of Medical Cannabis Pilot Program Act, the Department may
25consider the suspension or revocation as grounds to take

 

 

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1disciplinary action against the medical cannabis dispensing
2organization license.
3    (a-5) If, within 360 days of the effective date of this
4Act, a dispensing organization is unable to find a location
5within the BLS Regions prescribed in subsection (a) of this
6Section in which to operate an Early Approval Adult Use
7Dispensing Organization at a secondary site because no
8jurisdiction within the prescribed area allows the operation of
9an Adult Use Cannabis Dispensing Organization, the Department
10of Financial and Professional Regulation may waive the
11geographic restrictions of subsection (a) of this Section and
12specify another BLS Region into which the dispensary may be
13placed.
14    (a) (b) Any medical cannabis dispensing organization
15holding a valid registration under the Compassionate Use of
16Medical Cannabis Pilot Program Act as of the effective date of
17this Act may, within 60 days of the effective date of this Act,
18apply to the Department for an Early Approval Adult Use
19Dispensing Organization License to operate a dispensing
20organization to serve purchasers at a secondary site not within
211,500 feet of another medical cannabis dispensing organization
22or adult use dispensing organization. The Early Approval Adult
23Use Dispensing Organization secondary site shall be within any
24BLS Region region that shares territory with the dispensing
25organization district to which the medical cannabis dispensing
26organization is assigned under the administrative rules for

 

 

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1dispensing organizations under the Compassionate Use of
2Medical Cannabis Pilot Program Act.
3    (a-5) If, within 360 days of the effective date of this
4Act, a dispensing organization is unable to find a location
5within the BLS Regions prescribed in subsection (a) of this
6Section in which to operate an Early Approval Adult Use
7Dispensing Organization at a secondary site because no
8jurisdiction within the prescribed area allows the operation of
9an Adult Use Cannabis Dispensing Organization, the Department
10of Financial and Professional Regulation may waive the
11geographic restrictions of subsection (a) of this Section and
12specify another BLS Region into which the dispensary may be
13placed.
14    (b) (Blank).
15    (c) A medical cannabis dispensing organization seeking
16issuance of an Early Approval Adult Use Dispensing Organization
17License at a secondary site to serve purchasers at a secondary
18site as prescribed in subsection (a) (b) of this Section shall
19submit an application on forms provided by the Department. The
20application must meet or include the following qualifications:
21        (1) a payment of a nonrefundable application fee of
22    $30,000;
23        (2) proof of registration as a medical cannabis
24    dispensing organization that is in good standing;
25        (3) submission of the application by the same person or
26    entity that holds the medical cannabis dispensing

 

 

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1    organization registration;
2        (4) the legal name of the medical cannabis dispensing
3    organization;
4        (5) the physical address of the medical cannabis
5    dispensing organization and the proposed physical address
6    of the secondary site;
7        (6) a copy of the current local zoning ordinance
8    Sections relevant to dispensary operations and
9    documentation of the approval, the conditional approval or
10    the status of a request for zoning approval from the local
11    zoning office that the proposed dispensary location is in
12    compliance with the local zoning rules;
13        (7) a plot plan of the dispensary drawn to scale. The
14    applicant shall submit general specifications of the
15    building exterior and interior layout;
16        (8) a statement that the dispensing organization
17    agrees to respond to the Department's supplemental
18    requests for information;
19        (9) for the building or land to be used as the proposed
20    dispensary:
21            (A) if the property is not owned by the applicant,
22        a written statement from the property owner and
23        landlord, if any, certifying consent that the
24        applicant may operate a dispensary on the premises; or
25            (B) if the property is owned by the applicant,
26        confirmation of ownership;

 

 

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1        (10) a copy of the proposed operating bylaws;
2        (11) a copy of the proposed business plan that complies
3    with the requirements in this Act, including, at a minimum,
4    the following:
5            (A) a description of services to be offered; and
6            (B) a description of the process of dispensing
7        cannabis;
8        (12) a copy of the proposed security plan that complies
9    with the requirements in this Article, including:
10            (A) a description of the delivery process by which
11        cannabis will be received from a transporting
12        organization, including receipt of manifests and
13        protocols that will be used to avoid diversion, theft,
14        or loss at the dispensary acceptance point; and
15            (B) the process or controls that will be
16        implemented to monitor the dispensary, secure the
17        premises, agents, patients, and currency, and prevent
18        the diversion, theft, or loss of cannabis; and
19            (C) the process to ensure that access to the
20        restricted access areas is restricted to, registered
21        agents, service professionals, transporting
22        organization agents, Department inspectors, and
23        security personnel;
24        (13) a proposed inventory control plan that complies
25    with this Section;
26        (14) the name, address, social security number, and

 

 

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1    date of birth of each principal officer and board member of
2    the dispensing organization; each of those individuals
3    shall be at least 21 years of age;
4        (15) a nonrefundable Cannabis Business Development Fee
5    equal to $200,000, to be deposited into the Cannabis
6    Business Development Fund; and
7        (16) a commitment to completing one of the following
8    Social Equity Inclusion Plans in subsection (d).
9    (d) Before receiving an Early Approval Adult Use Dispensing
10Organization License at a secondary site, a dispensing
11organization shall indicate the Social Equity Inclusion Plan
12that the applicant plans to achieve before the expiration of
13the Early Approval Adult Use Dispensing Organization License
14from the list below:
15        (1) make a contribution of 3% of total sales from June
16    1, 2018 to June 1, 2019, or $100,000, whichever is less, to
17    the Cannabis Business Development Fund. This is in addition
18    to the fee required by paragraph (16) of subsection (c) of
19    this Section;
20        (2) make a grant of 3% of total sales from June 1, 2018
21    to June 1, 2019, or $100,000, whichever is less, to a
22    cannabis industry training or education program at an
23    Illinois community college as defined in the Public
24    Community College Act;
25        (3) make a donation of $100,000 or more to a program
26    that provides job training services to persons recently

 

 

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1    incarcerated or that operates in a Disproportionately
2    Impacted Area;
3        (4) participate as a host in a cannabis business
4    establishment incubator program approved by the Department
5    of Commerce and Economic Opportunity, and in which an Early
6    Approval Adult Use Dispensing Organization License at a
7    secondary site holder agrees to provide a loan of at least
8    $100,000 and mentorship to incubate a licensee that
9    qualifies as a Social Equity Applicant for at least a year.
10    In this paragraph (4), "incubate" means providing direct
11    financial assistance and training necessary to engage in
12    licensed cannabis industry activity similar to that of the
13    host licensee. The Early Approval Adult Use Dispensing
14    Organization License holder or the same entity holding any
15    other licenses issued under this Act shall not take an
16    ownership stake of greater than 10% in any business
17    receiving incubation services to comply with this
18    subsection. If an Early Approval Adult Use Dispensing
19    Organization License at a secondary site holder fails to
20    find a business to incubate in order to comply with this
21    subsection before its Early Approval Adult Use Dispensing
22    Organization License at a secondary site expires, it may
23    opt to meet the requirement of this subsection by
24    completing another item from this subsection before the
25    expiration of its Early Approval Adult Use Dispensing
26    Organization License at a secondary site to avoid a

 

 

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1    penalty; or
2        (5) participate in a sponsorship program for at least 2
3    years approved by the Department of Commerce and Economic
4    Opportunity in which an Early Approval Adult Use Dispensing
5    Organization License at a secondary site holder agrees to
6    provide an interest-free loan of at least $200,000 to a
7    Social Equity Applicant. The sponsor shall not take an
8    ownership stake of greater than 10% in any business
9    receiving sponsorship services to comply with this
10    subsection.
11    (e) The license fee required by paragraph (1) of subsection
12(c) of this Section is in addition to any license fee required
13for the renewal of a registered medical cannabis dispensing
14organization license.
15    (f) Applicants must submit all required information,
16including the requirements in subsection (c) of this Section,
17to the Department. Failure by an applicant to submit all
18required information may result in the application being
19disqualified. Principal officers shall not be required to
20submit to the fingerprint and background check requirements of
21Section 5-20.
22    (g) If the Department receives an application that fails to
23provide the required elements contained in subsection (c), the
24Department shall issue a deficiency notice to the applicant.
25The applicant shall have 10 calendar days from the date of the
26deficiency notice to submit complete information. Applications

 

 

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1that are still incomplete after this opportunity to cure may be
2disqualified.
3    (h) Once all required information and documents have been
4submitted, the Department will review the application. The
5Department may request revisions and retains final approval
6over dispensary features. Once the application is complete and
7meets the Department's approval, the Department shall
8conditionally approve the license. Final approval is
9contingent on the build-out and Department inspection.
10    (i) Upon submission of the Early Approval Adult Use
11Dispensing Organization at a secondary site application, the
12applicant shall request an inspection and the Department may
13inspect the Early Approval Adult Use Dispensing Organization's
14secondary site to confirm compliance with the application and
15this Act.
16    (j) The Department shall only issue an Early Approval Adult
17Use Dispensing Organization License at a secondary site after
18the completion of a successful inspection.
19    (k) If an applicant passes the inspection under this
20Section, the Department shall issue the Early Approval Adult
21Use Dispensing Organization License at a secondary site within
2210 business days unless:
23        (1) The licensee, any principal officer or board member
24    of the licensee, or any person having a financial or voting
25    interest of 5% or greater in the licensee ; principal
26    officer, board member, or person having a financial or

 

 

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1    voting interest of 5% or greater in the licensee; or agent
2    is delinquent in filing any required tax returns or paying
3    any amounts owed to the State of Illinois; or
4        (2) The Secretary of Financial and Professional
5    Regulation determines there is reason, based on documented
6    compliance violations, the licensee is not entitled to an
7    Early Approval Adult Use Dispensing Organization License
8    at its secondary site.
9    (l) Once the Department has issued a license, the
10dispensing organization shall notify the Department of the
11proposed opening date.
12    (m) A registered medical cannabis dispensing organization
13that obtains an Early Approval Adult Use Dispensing
14Organization License at a secondary site may begin selling
15cannabis, cannabis-infused products, paraphernalia, and
16related items to purchasers under the rules of this Act no
17sooner than January 1, 2020.
18    (n) If there is a shortage of cannabis or cannabis-infused
19products, a dispensing organization holding both a dispensing
20organization license under the Compassionate Use of Medical
21Cannabis Pilot Program Act and this Article shall prioritize
22serving qualifying patients and caregivers before serving
23purchasers.
24    (o) An Early Approval Adult Use Dispensing Organization
25License at a secondary site is valid until March 31, 2021. A
26dispensing organization that obtains an Early Approval Adult

 

 

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1Use Dispensing Organization License at a secondary site shall
2receive written or electronic notice 90 days before the
3expiration of the license that the license will expire, and
4inform the license holder that it may renew its Early Approval
5Adult Use Dispensing Organization License at a secondary site.
6The Department shall renew an Early Approval Adult Use
7Dispensing Organization License at a secondary site within 60
8days of submission of the renewal application being deemed
9complete if:
10        (1) the dispensing organization submits an application
11    and the required nonrefundable renewal fee of $30,000, to
12    be deposited into the Cannabis Regulation Fund;
13        (2) the Department has not suspended or permanently
14    revoked the Early Approval Adult Use Dispensing
15    Organization License or a medical cannabis dispensing
16    organization license held by the same person or entity for
17    violating this Act or rules adopted under this Act or the
18    Compassionate Use of Medical Cannabis Pilot Program Act or
19    rules adopted under that Act; and
20        (3) the dispensing organization has completed a Social
21    Equity Inclusion Plan provided as required by paragraph
22    (1), (2), or (3) (16) of subsection (d) (c) of this Section
23    or has made substantial progress toward completing a Social
24    Equity Inclusion Plan provided by paragraph (4) or (5) of
25    subsection (d) of this Section.     
26    (p) The Early Approval Adult Use Dispensing Organization

 

 

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1Licensee at a secondary site renewed pursuant to subsection (o)
2shall receive written or electronic notice 90 days before the
3expiration of the license that the license will expire, and
4that informs inform the license holder that it may apply for an
5Adult Use Dispensing Organization License on forms provided by
6the Department. The Department shall grant an Adult Use
7Dispensing Organization License within 60 days of an
8application being deemed complete if the applicant has meet all
9of the criteria in Section 15-36.
10    (q) If a dispensing organization fails to submit an
11application for renewal of an Early Approval Adult Use
12Dispensing Organization License or for an Adult Use Dispensing
13Organization License before the expiration dates provided in
14subsections (o) and (p) of this Section, the dispensing
15organization shall cease serving purchasers until it receives a
16renewal or an Adult Use Dispensing Organization License.
17    (r) A dispensing organization agent who holds a valid
18dispensing organization agent identification card issued under
19the Compassionate Use of Medical Cannabis Pilot Program Act and
20is an officer, director, manager, or employee of the dispensing
21organization licensed under this Section may engage in all
22activities authorized by this Article to be performed by a
23dispensing organization agent.
24    (s) If the Department suspends, permanently revokes, or
25otherwise disciplines the Early Approval Adult Use Dispensing
26Organization License of a dispensing organization that also

 

 

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1holds a medical cannabis dispensing organization license
2issued under the Compassionate Use of Medical Cannabis Program
3Act, the Department may consider the suspension, permanent
4revocation, or other discipline or revokes the Early Approval
5Adult Use Dispensing Organization License of a dispensing
6organization that also holds a medical cannabis dispensing
7organization license issued under the Compassionate Use of
8Medical Cannabis Pilot Program Act, the Department may consider
9the suspension or revocation as grounds to take disciplinary
10action against the medical cannabis dispensing organization.
11    (t) All fees collected pursuant to this Section shall be
12deposited into the Cannabis Regulation Fund, unless otherwise
13specified or fines collected from an Early Approval Adult Use
14Dispensary Organization License at a secondary site holder as a
15result of a disciplinary action in the enforcement of this Act
16shall be deposited into the Cannabis Regulation Fund and be
17appropriated to the Department for the ordinary and contingent
18expenses of the Department in the administration and
19enforcement of this Section.
20(Source: P.A. 101-27, eff. 6-25-19.)
 
21    (410 ILCS 705/15-25)
22    Sec. 15-25. Awarding of Conditional Adult Use Dispensing
23Organization Licenses prior to January 1, 2021.
24    (a) The Department shall issue up to 75 Conditional Adult
25Use Dispensing Organization Licenses before May 1, 2020.

 

 

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1    (b) The Department shall make the application for a
2Conditional Adult Use Dispensing Organization License
3available no later than October 1, 2019 and shall accept
4applications no later than January 1, 2020.
5    (c) To ensure the geographic dispersion of Conditional
6Adult Use Dispensing Organization License holders, the
7following number of licenses shall be awarded in each BLS
8Region as determined by each region's percentage of the State's
9population:
10        (1) Bloomington: 1
11        (2) Cape Girardeau: 1
12        (3) Carbondale-Marion: 1
13        (4) Champaign-Urbana: 1
14        (5) Chicago-Naperville-Elgin: 47
15        (6) Danville: 1
16        (7) Davenport-Moline-Rock Island: 1
17        (8) Decatur: 1
18        (9) Kankakee: 1
19        (10) Peoria: 3
20        (11) Rockford: 2
21        (12) St. Louis: 4
22        (13) Springfield: 1
23        (14) Northwest Illinois nonmetropolitan: 3
24        (15) West Central Illinois nonmetropolitan: 3
25        (16) East Central Illinois nonmetropolitan: 2
26        (17) South Illinois nonmetropolitan: 2

 

 

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1    (d) An applicant seeking issuance of a Conditional Adult
2Use Dispensing Organization License shall submit an
3application on forms provided by the Department. An applicant
4must meet the following requirements:
5        (1) Payment of a nonrefundable application fee of
6    $5,000 for each license for which the applicant is
7    applying, which shall be deposited into the Cannabis
8    Regulation Fund;
9        (2) Certification that the applicant will comply with
10    the requirements contained in this Act;
11        (3) The legal name of the proposed dispensing
12    organization;
13        (4) A statement that the dispensing organization
14    agrees to respond to the Department's supplemental
15    requests for information;
16        (5) From each principal officer, a statement
17    indicating whether that person:
18            (A) has previously held or currently holds an
19        ownership interest in a cannabis business
20        establishment in Illinois; or
21            (B) has held an ownership interest in a dispensing
22        organization or its equivalent in another state or
23        territory of the United States that had the dispensing
24        organization registration or license suspended,
25        revoked, placed on probationary status, or subjected
26        to other disciplinary action;

 

 

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1        (6) Disclosure of whether any principal officer has
2    ever filed for bankruptcy or defaulted on spousal support
3    or child support obligation;
4        (7) A resume for each principal officer, including
5    whether that person has an academic degree, certification,
6    or relevant experience with a cannabis business
7    establishment or in a related industry;
8        (8) A description of the training and education that
9    will be provided to dispensing organization agents;
10        (9) A copy of the proposed operating bylaws;
11        (10) A copy of the proposed business plan that complies
12    with the requirements in this Act, including, at a minimum,
13    the following:
14            (A) A description of services to be offered; and
15            (B) A description of the process of dispensing
16        cannabis;
17        (11) A copy of the proposed security plan that complies
18    with the requirements in this Article, including:
19            (A) The process or controls that will be
20        implemented to monitor the dispensary, secure the
21        premises, agents, and currency, and prevent the
22        diversion, theft, or loss of cannabis; and
23            (B) The process to ensure that access to the
24        restricted access areas is restricted to, registered
25        agents, service professionals, transporting
26        organization agents, Department inspectors, and

 

 

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1        security personnel;
2        (12) A proposed inventory control plan that complies
3    with this Section;
4        (13) A proposed floor plan, a square footage estimate,
5    and a description of proposed security devices, including,
6    without limitation, cameras, motion detectors, servers,
7    video storage capabilities, and alarm service providers;
8        (14) The name, address, social security number, and
9    date of birth of each principal officer and board member of
10    the dispensing organization; each of those individuals
11    shall be at least 21 years of age;
12        (15) Evidence of the applicant's status as a Social
13    Equity Applicant, if applicable, and whether a Social
14    Equity Applicant plans to apply for a loan or grant issued
15    by the Department of Commerce and Economic Opportunity;
16        (16) The address, telephone number, and email address
17    of the applicant's principal place of business, if
18    applicable. A post office box is not permitted;
19        (17) Written summaries of any information regarding
20    instances in which a business or not-for-profit that a
21    prospective board member previously managed or served on
22    were fined or censured, or any instances in which a
23    business or not-for-profit that a prospective board member
24    previously managed or served on had its registration
25    suspended or revoked in any administrative or judicial
26    proceeding;

 

 

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1        (18) A plan for community engagement;
2        (19) Procedures to ensure accurate recordkeeping and
3    security measures that are in accordance with this Article
4    and Department rules;
5        (20) The estimated volume of cannabis it plans to store
6    at the dispensary;
7        (21) A description of the features that will provide
8    accessibility to purchasers as required by the Americans
9    with Disabilities Act;
10        (22) A detailed description of air treatment systems
11    that will be installed to reduce odors;
12        (23) A reasonable assurance that the issuance of a
13    license will not have a detrimental impact on the community
14    in which the applicant wishes to locate;
15        (24) The dated signature of each principal officer;
16        (25) A description of the enclosed, locked facility
17    where cannabis will be stored by the dispensing
18    organization;
19        (26) Signed statements from each dispensing
20    organization agent stating that he or she will not divert
21    cannabis;
22        (27) The number of licenses it is applying for in each
23    BLS Region;
24        (28) A diversity plan that includes a narrative of at
25    least 2,500 words that establishes a goal of diversity in
26    ownership, management, employment, and contracting to

 

 

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1    ensure that diverse participants and groups are afforded
2    equality of opportunity;
3        (29) A contract with a private security contractor that
4    is licensed under Section 10-5 of the Private Detective,
5    Private Alarm, Private Security, Fingerprint Vendor, and
6    Locksmith Act of 2004 in order for the dispensary to have
7    adequate security at its facility; and
8        (30) Other information deemed necessary by the
9    Illinois Cannabis Regulation Oversight Officer to conduct
10    the disparity and availability study referenced in
11    subsection (e) of Section 5-45.
12    (e) An applicant who receives a Conditional Adult Use
13Dispensing Organization License under this Section has 180 days
14from the date of award to identify a physical location for the
15dispensing organization retail storefront. Before a
16conditional licensee receives an authorization to build out the
17dispensing organization from the Department, the Department
18shall inspect the physical space selected by the conditional
19licensee. The Department shall verify the site is suitable for
20public access, the layout promotes the safe dispensing of
21cannabis, the location is sufficient in size, power allocation,
22lighting, parking, handicapped accessible parking spaces,
23accessible entry and exits as required by the Americans with
24Disabilities Act, product handling, and storage. The applicant
25shall also provide a statement of reasonable assurance that the
26issuance of a license will not have a detrimental impact on the

 

 

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1community. The applicant shall also provide evidence that the
2location is not within 1,500 feet of an existing dispensing
3organization. If an applicant is unable to find a suitable
4physical address in the opinion of the Department within 180
5days of the issuance of the Conditional Adult Use Dispensing
6Organization License, the Department may extend the period for
7finding a physical address another 180 days if the Conditional
8Adult Use Dispensing Organization License holder demonstrates
9concrete attempts to secure a location and a hardship. If the
10Department denies the extension or the Conditional Adult Use
11Dispensing Organization License holder is unable to find a
12location or become operational within 360 days of being awarded
13a conditional license, the Department shall rescind the
14conditional license and award it to the next highest scoring
15applicant in the BLS Region for which the license was assigned,
16provided the applicant receiving the license: (i) confirms a
17continued interest in operating a dispensing organization;
18(ii) can provide evidence that the applicant continues to meet
19all requirements for holding a Conditional Adult Use Dispensing
20Organization License set forth in this Act the financial
21requirements provided in subsection (c) of this Section; and
22(iii) has not otherwise become ineligible to be awarded a
23dispensing organization license. If the new awardee is unable
24to accept the Conditional Adult Use Dispensing Organization
25License, the Department shall award the Conditional Adult Use
26Dispensing Organization License to the next highest scoring

 

 

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1applicant in the same manner. The new awardee shall be subject
2to the same required deadlines as provided in this subsection.
3    (e-5) If, within 180 days of being awarded a Conditional
4Adult Use Dispensing Organization License license, a
5dispensing organization is unable to find a location within the
6BLS Region in which it was awarded a Conditional Adult Use
7Dispensing Organization License license because no
8jurisdiction within the BLS Region allows for the operation of
9an Adult Use Dispensing Organization, the Department of
10Financial and Professional Regulation may authorize the
11Conditional Adult Use Dispensing Organization License holder
12to transfer its license to a BLS Region specified by the
13Department.
14    (f) A dispensing organization that is awarded a Conditional
15Adult Use Dispensing Organization License pursuant to the
16criteria in Section 15-30 shall not purchase, possess, sell, or
17dispense cannabis or cannabis-infused products until the
18person has received an Adult Use Dispensing Organization
19License issued by the Department pursuant to Section 15-36 of
20this Act. The Department shall not issue an Adult Use
21Dispensing Organization License until:
22        (1) the Department has inspected the dispensary site
23    and proposed operations and verified that they are in
24    compliance with this Act and local zoning laws; and
25        (2) the Conditional Adult Use Dispensing Organization
26    License holder has paid a registration fee of $60,000, or a

 

 

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1    prorated amount accounting for the difference of time
2    between when the Adult Use Dispensing Organization License
3    is issued and March 31 of the next even-numbered year.
4    (g) The Department shall conduct a background check of the
5prospective organization agents in order to carry out this
6Article. The Department of State Police shall charge the
7applicant a fee for conducting the criminal history record
8check, which shall be deposited into the State Police Services
9Fund and shall not exceed the actual cost of the record check.
10Each person applying as a dispensing organization agent shall
11submit a full set of fingerprints to the Department of State
12Police for the purpose of obtaining a State and federal
13criminal records check. These fingerprints shall be checked
14against the fingerprint records now and hereafter, to the
15extent allowed by law, filed in the Department of State Police
16and Federal Bureau of Identification criminal history records
17databases. The Department of State Police shall furnish,
18following positive identification, all Illinois conviction
19information to the Department.
20(Source: P.A. 101-27, eff. 6-25-19.)
 
21    (410 ILCS 705/15-30)
22    Sec. 15-30. Selection criteria for conditional licenses
23awarded under Section 15-25.
24    (a) Applicants for a Conditional Adult Use Dispensing
25Organization License must submit all required information,

 

 

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1including the information required in Section 15-25, to the
2Department. Failure by an applicant to submit all required
3information may result in the application being disqualified.
4    (b) If the Department receives an application that fails to
5provide the required elements contained in this Section, the
6Department shall issue a deficiency notice to the applicant.
7The applicant shall have 10 calendar days from the date of the
8deficiency notice to resubmit the incomplete information.
9Applications that are still incomplete after this opportunity
10to cure will not be scored and will be disqualified.
11    (c) The Department will award up to 250 points to complete
12applications based on the sufficiency of the applicant's
13responses to required information. Applicants will be awarded
14points based on a determination that the application
15satisfactorily includes the following elements:
16        (1) Suitability of Employee Training Plan (15 points).
17            The plan includes an employee training plan that
18        demonstrates that employees will understand the rules
19        and laws to be followed by dispensary employees, have
20        knowledge of any security measures and operating
21        procedures of the dispensary, and are able to advise
22        purchasers on how to safely consume cannabis and use
23        individual products offered by the dispensary.
24        (2) Security and Recordkeeping (65 points).
25            (A) The security plan accounts for the prevention
26        of the theft or diversion of cannabis. The security

 

 

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1        plan demonstrates safety procedures for dispensing
2        organization dispensary agents and purchasers, and
3        safe delivery and storage of cannabis and currency. It
4        demonstrates compliance with all security requirements
5        in this Act and rules.
6            (B) A plan for recordkeeping, tracking, and
7        monitoring inventory, quality control, and other
8        policies and procedures that will promote standard
9        recordkeeping and discourage unlawful activity. This
10        plan includes the applicant's strategy to communicate
11        with the Department and the Department of State Police
12        on the destruction and disposal of cannabis. The plan
13        must also demonstrate compliance with this Act and
14        rules.
15            (C) The security plan shall also detail which
16        private security contractor licensed under Section
17        10-5 of the Private Detective, Private Alarm, Private
18        Security, Fingerprint Vendor, and Locksmith Act of
19        2004 the dispensary will contract with in order to
20        provide adequate security at its facility.
21        (3) Applicant's Business Plan, Financials, Operating
22    and Floor Plan (65 points).
23            (A) The business plan shall describe, at a minimum,
24        how the dispensing organization will be managed on a
25        long-term basis. This shall include a description of
26        the dispensing organization's point-of-sale system,

 

 

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1        purchases and denials of sale, confidentiality, and
2        products and services to be offered. It will
3        demonstrate compliance with this Act and rules.
4            (B) The operating plan shall include, at a minimum,
5        best practices for day-to-day dispensary operation and
6        staffing. The operating plan may also include
7        information about employment practices, including
8        information about the percentage of full-time
9        employees who will be provided a living wage.
10            (C) The proposed floor plan is suitable for public
11        access, the layout promotes safe dispensing of
12        cannabis, is compliant with the Americans with
13        Disabilities Act and the Environmental Barriers Act,
14        and facilitates safe product handling and storage.
15        (4) Knowledge and Experience (30 points).
16            (A) The applicant's principal officers must
17        demonstrate experience and qualifications in business
18        management or experience with the cannabis industry.
19        This includes ensuring optimal safety and accuracy in
20        the dispensing and sale of cannabis.
21            (B) The applicant's principal officers must
22        demonstrate knowledge of various cannabis product
23        strains or varieties and describe the types and
24        quantities of products planned to be sold. This
25        includes confirmation of whether the dispensing
26        organization plans to sell cannabis paraphernalia or

 

 

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1        edibles.
2            (C) Knowledge and experience may be demonstrated
3        through experience in other comparable industries that
4        reflect on the applicant's ability to operate a
5        cannabis business establishment.
6        (5) Status as a Social Equity Applicant (50 points).
7            The applicant meets the qualifications for a
8        Social Equity Applicant as set forth in this Act.
9        (6) Labor and employment practices (5 points): The
10    applicant may describe plans to provide a safe, healthy,
11    and economically beneficial working environment for its
12    agents, including, but not limited to, codes of conduct,
13    health care benefits, educational benefits, retirement
14    benefits, living wage standards, and entering a labor peace
15    agreement with employees.
16        (7) Environmental Plan (5 points): The applicant may
17    demonstrate an environmental plan of action to minimize the
18    carbon footprint, environmental impact, and resource needs
19    for the dispensary, which may include, without limitation,
20    recycling cannabis product packaging.
21        (8) Illinois owner (5 points): The applicant is 51% or
22    more owned and controlled by an Illinois resident, who can
23    prove residency in each of the past 5 years with tax
24    records or 2 of the following: .
25            (A) a signed lease agreement that includes the
26        applicant's name;

 

 

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1            (B) a property deed that includes the applicant's
2        name;
3            (C) school records;
4            (D) a voter registration card;
5            (E) an Illinois driver's license, an Illinois
6        Identification Card, or an Illinois Person with a
7        Disability Identification Card;
8            (F) a paycheck stub;
9            (G) a utility bill; or
10            (H) any other proof of residency or other
11        information necessary to establish residence as
12        provided by rule.
13        (9) Status as veteran (5 points): The applicant is 51%
14    or more controlled and owned by an individual or
15    individuals who meet the qualifications of a veteran as
16    defined by Section 45-57 of the Illinois Procurement Code.
17        (10) A diversity plan (5 points): that includes a
18    narrative of not more than 2,500 words that establishes a
19    goal of diversity in ownership, management, employment,
20    and contracting to ensure that diverse participants and
21    groups are afforded equality of opportunity.
22    (d) The Department may also award up to 2 bonus points for
23a plan to engage with the community. The applicant may
24demonstrate a desire to engage with its community by
25participating in one or more of, but not limited to, the
26following actions: (i) establishment of an incubator program

 

 

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1designed to increase participation in the cannabis industry by
2persons who would qualify as Social Equity Applicants; (ii)
3providing financial assistance to substance abuse treatment
4centers; (iii) educating children and teens about the potential
5harms of cannabis use; or (iv) other measures demonstrating a
6commitment to the applicant's community. Bonus points will only
7be awarded if the Department receives applications that receive
8an equal score for a particular region.
9    (e) The Department may verify information contained in each
10application and accompanying documentation to assess the
11applicant's veracity and fitness to operate a dispensing
12organization.
13    (f) The Department may, in its discretion, refuse to issue
14an authorization to any applicant:
15        (1) Who is unqualified to perform the duties required
16    of the applicant;
17        (2) Who fails to disclose or states falsely any
18    information called for in the application;
19        (3) Who has been found guilty of a violation of this
20    Act, or whose medical cannabis dispensing organization,
21    medical cannabis cultivation organization, or Early
22    Approval Adult Use Dispensing Organization License, or
23    Early Approval Adult Use Dispensing Organization License
24    at a secondary site, or Early Approval Cultivation Center
25    License was suspended, restricted, revoked, or denied for
26    just cause, or the applicant's cannabis business

 

 

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1    establishment license was suspended, restricted, revoked,
2    or denied in any other state; or
3        (4) Who has engaged in a pattern or practice of unfair
4    or illegal practices, methods, or activities in the conduct
5    of owning a cannabis business establishment or other
6    business.
7    (g) The Department shall deny the license if any principal
8officer, board member, or person having a financial or voting
9interest of 5% or greater in the licensee is delinquent in
10filing any required tax returns or paying any amounts owed to
11the State of Illinois.
12    (h) The Department shall verify an applicant's compliance
13with the requirements of this Article and rules before issuing
14a dispensing organization license.
15    (i) Should the applicant be awarded a license, the
16information and plans provided in the application, including
17any plans submitted for bonus points, shall become a condition
18of the Conditional Adult Use Dispensing Organization Licenses
19and any Adult Use Dispensing Organization License issued to the
20holder of the Conditional Adult Use Dispensing Organization
21License, except as otherwise provided by this Act or rule.
22Dispensing organizations have a duty to disclose any material
23changes to the application. The Department shall review all
24material changes disclosed by the dispensing organization, and
25may re-evaluate its prior decision regarding the awarding of a
26license, including, but not limited to, suspending or

 

 

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1permanently revoking a license. Failure to comply with the
2conditions or requirements in the application may subject the
3dispensing organization to discipline, up to and including
4suspension or permanent revocation of its authorization or
5license by the Department.
6    (j) If an applicant has not begun operating as a dispensing
7organization within one year of the issuance of the Conditional
8Adult Use Dispensing Organization License, the Department may
9permanently revoke the Conditional Adult Use Dispensing
10Organization License and award it to the next highest scoring
11applicant in the BLS Region if a suitable applicant indicates a
12continued interest in the license or begin a new selection
13process to award a Conditional Adult Use Dispensing
14Organization License.
15    (k) The Department shall deny an application if granting
16that application would result in a single person or entity
17having a direct or indirect financial interest in more than 10
18Early Approval Adult Use Dispensing Organization Licenses,
19Conditional Adult Use Dispensing Organization Licenses, or
20Adult Use Dispensing Organization Licenses. Any entity that is
21awarded a license that results in a single person or entity
22having a direct or indirect financial interest in more than 10
23licenses shall forfeit the most recently issued license and
24suffer a penalty to be determined by the Department, unless the
25entity declines the license at the time it is awarded.
26(Source: P.A. 101-27, eff. 6-25-19.)
 

 

 

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1    (410 ILCS 705/15-35)
2    Sec. 15-35. Conditional Adult Use Dispensing Organization
3License after January 1, 2021.
4    (a) In addition to any of the licenses issued in Sections
515-15, Section 15-20, or Section 15-25 of this Act, by December
621, 2021, the Department shall issue up to 110 Conditional
7Adult Use Dispensing Organization Licenses, pursuant to the
8application process adopted under this Section. Prior to
9issuing such licenses, the Department may adopt rules through
10emergency rulemaking in accordance with subsection (gg) of
11Section 5-45 of the Illinois Administrative Procedure Act. The
12General Assembly finds that the adoption of rules to regulate
13cannabis use is deemed an emergency and necessary for the
14public interest, safety, and welfare. Such rules may:
15        (1) Modify or change the BLS Regions as they apply to
16    this Article or modify or raise the number of Adult
17    Conditional Use Dispensing Organization Licenses assigned
18    to each region based on the following factors:
19            (A) Purchaser wait times;
20            (B) Travel time to the nearest dispensary for
21        potential purchasers;
22            (C) Percentage of cannabis sales occurring in
23        Illinois not in the regulated market using data from
24        the Substance Abuse and Mental Health Services
25        Administration, National Survey on Drug Use and

 

 

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1        Health, Illinois Behavioral Risk Factor Surveillance
2        System, and tourism data from the Illinois Office of
3        Tourism to ascertain total cannabis consumption in
4        Illinois compared to the amount of sales in licensed
5        dispensing organizations;
6            (D) Whether there is an adequate supply of cannabis
7        and cannabis-infused products to serve registered
8        medical cannabis patients;
9            (E) Population increases or shifts;
10            (F) Density of dispensing organizations in a
11        region;
12            (G) The Department's capacity to appropriately
13        regulate additional licenses;
14            (H) The findings and recommendations from the
15        disparity and availability study commissioned by the
16        Illinois Cannabis Regulation Oversight Officer in
17        subsection (e) of Section 5-45 to reduce or eliminate
18        any identified barriers to entry in the cannabis
19        industry; and
20            (I) Any other criteria the Department deems
21        relevant.
22        (2) Modify or change the licensing application process
23    to reduce or eliminate the barriers identified in the
24    disparity and availability study commissioned by the
25    Illinois Cannabis Regulation Oversight Officer and make
26    modifications to remedy evidence of discrimination.

 

 

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1    (b) After January 1, 2022, the Department may by rule
2modify or raise the number of Adult Use Dispensing Organization
3Licenses assigned to each region, and modify or change the
4licensing application process to reduce or eliminate barriers
5based on the criteria in subsection (a). At no time shall the
6Department issue more than 500 Adult Use Dispensing Dispensary
7Organization Licenses.
8(Source: P.A. 101-27, eff. 6-25-19.)
 
9    (410 ILCS 705/15-36)
10    Sec. 15-36. Adult Use Dispensing Organization License.
11    (a) A person is only eligible to receive an Adult Use
12Dispensing Organization if the person has been awarded a
13Conditional Adult Use Dispensing Organization License pursuant
14to this Act or has renewed its license pursuant to subsection
15(k) of Section 15-15 or subsection (p) of Section 15-20.
16    (b) The Department shall not issue an Adult Use Dispensing
17Organization License until:
18        (1) the Department has inspected the dispensary site
19    and proposed operations and verified that they are in
20    compliance with this Act and local zoning laws;
21        (2) the Conditional Adult Use Dispensing Organization
22    License holder has paid a license registration fee of
23    $60,000 or a prorated amount accounting for the difference
24    of time between when the Adult Use Dispensing Organization
25    License is issued and March 31 of the next even-numbered

 

 

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1    year; and
2        (3) the Conditional Adult Use Dispensing Organization
3    License holder has met all the requirements in this the Act
4    and rules.
5    (c) No person or entity shall hold any legal, equitable,
6ownership, or beneficial interest, directly or indirectly, of
7more than 10 dispensing organizations licensed under this
8Article. Further, no person or entity that is:
9        (1) employed by, is an agent of, or participates in the
10    management of a dispensing organization or registered
11    medical cannabis dispensing organization;
12        (2) a principal officer of a dispensing organization or
13    registered medical cannabis dispensing organization; or
14        (3) an entity controlled by or affiliated with a
15    principal officer of a dispensing organization or
16    registered medical cannabis dispensing organization;
17shall hold any legal, equitable, ownership, or beneficial
18interest, directly or indirectly, in a dispensing organization
19that would result in such person or entity owning or
20participating in the management of more than 10 Early Approval
21Adult Use Dispensing Organization Licenses, Early Approval
22Adult Use Dispensing Organization Licenses at a secondary site,
23Conditional Adult Use Dispensing Organization Licenses, or
24Adult Use Dispensing Organization Licenses dispensing
25organizations. For the purpose of this subsection,
26participating in management may include, without limitation,

 

 

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1controlling decisions regarding staffing, pricing, purchasing,
2marketing, store design, hiring, and website design.
3    (d) The Department shall deny an application if granting
4that application would result in a person or entity obtaining
5direct or indirect financial interest in more than 10 Early
6Approval Adult Use Dispensing Organization Licenses,
7Conditional Adult Use Dispensing Organization Licenses, Adult
8Use Dispensing Organization Licenses, or any combination
9thereof. If a person or entity is awarded a Conditional Adult
10Use Dispensing Organization License that would cause the person
11or entity to be in violation of this subsection, he, she, or it
12shall choose which license application it wants to abandon and
13such licenses shall become available to the next qualified
14applicant in the region in which the abandoned license was
15awarded.
16(Source: P.A. 101-27, eff. 6-25-19.)
 
17    (410 ILCS 705/15-40)
18    Sec. 15-40. Dispensing organization agent identification
19card; agent training.
20    (a) The Department shall:
21        (1) verify the information contained in an application
22    or renewal for a dispensing organization agent
23    identification card submitted under this Article, and
24    approve or deny an application or renewal, within 30 days
25    of receiving a completed application or renewal

 

 

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1    application and all supporting documentation required by
2    rule;
3        (2) issue a dispensing organization agent
4    identification card to a qualifying agent within 15
5    business days of approving the application or renewal;
6        (3) enter the registry identification number of the
7    dispensing organization where the agent works;
8        (4) within one year from the effective date of this
9    Act, allow for an electronic application process and
10    provide a confirmation by electronic or other methods that
11    an application has been submitted; and
12        (5) collect a $100 nonrefundable fee from the applicant
13    to be deposited into the Cannabis Regulation Fund.
14    (b) A dispensing organization agent must keep his or her
15identification card visible at all times when in the dispensary
16on the property of the dispensing organization.
17    (c) The dispensing organization agent identification cards
18shall contain the following:
19        (1) the name of the cardholder;
20        (2) the date of issuance and expiration date of the
21    dispensing organization agent identification cards;
22        (3) a random 10-digit alphanumeric identification
23    number containing at least 4 numbers and at least 4 letters
24    that is unique to the cardholder; and
25        (4) a photograph of the cardholder.
26    (d) The dispensing organization agent identification cards

 

 

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1shall be immediately returned to the dispensing organization
2upon termination of employment.
3    (e) The Department shall not issue an agent identification
4