|
| | SB1557 Enrolled | | LRB101 08168 SMS 53234 b |
|
|
1 | | AN ACT concerning regulation.
|
2 | | Be it enacted by the People of the State of Illinois,
|
3 | | represented in the General Assembly:
|
4 | | Section 1. The State Officials and Employees Ethics Act is |
5 | | amended by changing Section 5-45 as follows: |
6 | | (5 ILCS 430/5-45)
|
7 | | Sec. 5-45. Procurement; revolving door prohibition.
|
8 | | (a) No former officer, member, or State employee, or spouse |
9 | | or
immediate family member living with such person, shall, |
10 | | within a period of one
year immediately after termination of |
11 | | State employment, knowingly accept
employment or receive |
12 | | compensation or fees for services from a person or entity
if |
13 | | the officer, member, or State employee, during the year |
14 | | immediately
preceding termination of State employment, |
15 | | participated personally and
substantially in the award of State |
16 | | contracts, or the issuance of State contract change orders, |
17 | | with a cumulative value
of $25,000
or more to the person or |
18 | | entity, or its parent or subsidiary.
|
19 | | (a-5) No officer, member, or spouse or immediate family |
20 | | member living with such person shall, during the officer or |
21 | | member's term in office or within a period of 2 years |
22 | | immediately leaving office, hold an ownership interest, other |
23 | | than a passive interest in a publicly traded company, in any |
|
| | SB1557 Enrolled | - 2 - | LRB101 08168 SMS 53234 b |
|
|
1 | | gaming license under the Illinois Gambling Act, the Video |
2 | | Gaming Act, the Illinois Horse Racing Act of 1975, or the |
3 | | Sports Wagering Act. Any member of the General Assembly or |
4 | | spouse or immediate family member living with such person who |
5 | | has an ownership interest, other than a passive interest in a |
6 | | publicly traded company, in any gaming license under the |
7 | | Illinois Gambling Act, the Illinois Horse Racing Act of 1975, |
8 | | the Video Gaming Act, or the Sports Wagering Act at the time of |
9 | | the effective date of this amendatory Act of the 101st General |
10 | | Assembly shall divest himself or herself of such ownership |
11 | | within one year after the effective date of this amendatory Act |
12 | | of the 101st General Assembly. No State employee who works for |
13 | | the Illinois Gaming Board or Illinois Racing Board or spouse or |
14 | | immediate family member living with such person shall, during |
15 | | State employment or within a period of 2 years immediately |
16 | | after termination of State employment, hold an ownership |
17 | | interest, other than a passive interest in a publicly traded |
18 | | company, in any gaming license under the Illinois Gambling Act, |
19 | | the Video Gaming Act, the Illinois Horse Racing Act of 1975, or |
20 | | the Sports Wagering Act. |
21 | | (a-10) This subsection (a-10) applies on and after June 25, |
22 | | 2021. No officer, member, or spouse or immediate family member |
23 | | living with such person, shall, during the officer or member's |
24 | | term in office or within a period of 2 years immediately after |
25 | | leaving office, hold an ownership interest, other than a |
26 | | passive interest in a publicly traded company, in any cannabis |
|
| | SB1557 Enrolled | - 3 - | LRB101 08168 SMS 53234 b |
|
|
1 | | business establishment which is licensed under the Cannabis |
2 | | Regulation and Tax Act. Any member of the General Assembly or |
3 | | spouse or immediate family member living with such person who |
4 | | has an ownership interest, other than a passive interest in a |
5 | | publicly traded company, in any cannabis business |
6 | | establishment which is licensed under the Cannabis Regulation |
7 | | and Tax Act at the time of the effective date of this |
8 | | amendatory Act of the 101st General Assembly shall divest |
9 | | himself or herself of such ownership within one year after the |
10 | | effective date of this amendatory Act of the 101st General |
11 | | Assembly. |
12 | | No State employee who works for any State agency that |
13 | | regulates cannabis business establishment license holders who |
14 | | participated personally and substantially in the award of |
15 | | licenses under the Cannabis Regulation and Tax Act or a spouse |
16 | | or immediate family member living with such person shall, |
17 | | during State employment or within a period of 2 years |
18 | | immediately after termination of State employment, hold an |
19 | | ownership interest, other than a passive interest in a publicly |
20 | | traded company, in any cannabis license under the Cannabis |
21 | | Regulation and Tax Act. |
22 | | (b) No former officer of the executive branch or State |
23 | | employee of the
executive branch with regulatory or
licensing |
24 | | authority, or spouse or immediate family member living with |
25 | | such
person, shall, within a period of one year immediately |
26 | | after termination of
State employment, knowingly accept |
|
| | SB1557 Enrolled | - 4 - | LRB101 08168 SMS 53234 b |
|
|
1 | | employment or receive compensation or fees
for services from a |
2 | | person or entity if the officer
or State
employee, during the |
3 | | year immediately preceding
termination of State employment, |
4 | | participated personally and substantially in making a |
5 | | regulatory or licensing decision that
directly applied to the |
6 | | person or entity, or its parent or subsidiary.
|
7 | | (c) Within 6 months after the effective date of this |
8 | | amendatory Act of the 96th General Assembly, each executive |
9 | | branch constitutional officer and legislative leader, the |
10 | | Auditor General, and the Joint Committee on Legislative Support |
11 | | Services shall adopt a policy delineating which State positions |
12 | | under his or her jurisdiction and control, by the nature of |
13 | | their duties, may have the authority to participate personally |
14 | | and substantially in the award of State contracts or in |
15 | | regulatory or licensing decisions. The Governor shall adopt |
16 | | such a policy for all State employees of the executive branch |
17 | | not under the jurisdiction and control of any other executive |
18 | | branch constitutional officer.
|
19 | | The policies required under subsection (c) of this Section |
20 | | shall be filed with the appropriate ethics commission |
21 | | established under this Act or, for the Auditor General, with |
22 | | the Office of the Auditor General. |
23 | | (d) Each Inspector General shall have the authority to |
24 | | determine that additional State positions under his or her |
25 | | jurisdiction, not otherwise subject to the policies required by |
26 | | subsection (c) of this Section, are nonetheless subject to the |
|
| | SB1557 Enrolled | - 5 - | LRB101 08168 SMS 53234 b |
|
|
1 | | notification requirement of subsection (f) below due to their |
2 | | involvement in the award of State contracts or in regulatory or |
3 | | licensing decisions. |
4 | | (e) The Joint Committee on Legislative Support Services, |
5 | | the Auditor General, and each of the executive branch |
6 | | constitutional officers and legislative leaders subject to |
7 | | subsection (c) of this Section shall provide written |
8 | | notification to all employees in positions subject to the |
9 | | policies required by subsection (c) or a determination made |
10 | | under subsection (d): (1) upon hiring, promotion, or transfer |
11 | | into the relevant position; and (2) at the time the employee's |
12 | | duties are changed in such a way as to qualify that employee. |
13 | | An employee receiving notification must certify in writing that |
14 | | the person was advised of the prohibition and the requirement |
15 | | to notify the appropriate Inspector General in subsection (f). |
16 | | (f) Any State employee in a position subject to the |
17 | | policies required by subsection (c) or to a determination under |
18 | | subsection (d), but who does not fall within the prohibition of |
19 | | subsection (h) below, who is offered non-State employment |
20 | | during State employment or within a period of one year |
21 | | immediately after termination of State employment shall, prior |
22 | | to accepting such non-State employment, notify the appropriate |
23 | | Inspector General. Within 10 calendar days after receiving |
24 | | notification from an employee in a position subject to the |
25 | | policies required by subsection (c), such Inspector General |
26 | | shall make a determination as to whether the State employee is |
|
| | SB1557 Enrolled | - 6 - | LRB101 08168 SMS 53234 b |
|
|
1 | | restricted from accepting such employment by subsection (a) or |
2 | | (b). In making a determination, in addition to any other |
3 | | relevant information, an Inspector General shall assess the |
4 | | effect of the prospective employment or relationship upon |
5 | | decisions referred to in subsections (a) and (b), based on the |
6 | | totality of the participation by the former officer, member, or |
7 | | State employee in those decisions. A determination by an |
8 | | Inspector General must be in writing, signed and dated by the |
9 | | Inspector General, and delivered to the subject of the |
10 | | determination within 10 calendar days or the person is deemed |
11 | | eligible for the employment opportunity. For purposes of this |
12 | | subsection, "appropriate Inspector General" means (i) for |
13 | | members and employees of the legislative branch, the |
14 | | Legislative Inspector General; (ii) for the Auditor General and |
15 | | employees of the Office of the Auditor General, the Inspector |
16 | | General provided for in Section 30-5 of this Act; and (iii) for |
17 | | executive branch officers and employees, the Inspector General |
18 | | having jurisdiction over the officer or employee. Notice of any |
19 | | determination of an Inspector General and of any such appeal |
20 | | shall be given to the ultimate jurisdictional authority, the |
21 | | Attorney General, and the Executive Ethics Commission. |
22 | | (g) An Inspector General's determination regarding |
23 | | restrictions under subsection (a) or (b) may be appealed to the |
24 | | appropriate Ethics Commission by the person subject to the |
25 | | decision or the Attorney General no later than the 10th |
26 | | calendar day after the date of the determination. |
|
| | SB1557 Enrolled | - 7 - | LRB101 08168 SMS 53234 b |
|
|
1 | | On appeal, the Ethics Commission or Auditor General shall |
2 | | seek, accept, and consider written public comments regarding a |
3 | | determination. In deciding whether to uphold an Inspector |
4 | | General's determination, the appropriate Ethics Commission or |
5 | | Auditor General shall assess, in addition to any other relevant |
6 | | information, the effect of the prospective employment or |
7 | | relationship upon the decisions referred to in subsections (a) |
8 | | and (b), based on the totality of the participation by the |
9 | | former officer, member, or State employee in those decisions. |
10 | | The Ethics Commission shall decide whether to uphold an |
11 | | Inspector General's determination within 10 calendar days or |
12 | | the person is deemed eligible for the employment opportunity. |
13 | | (h) The following officers, members, or State employees |
14 | | shall not, within a period of one year immediately after |
15 | | termination of office or State employment, knowingly accept |
16 | | employment or receive compensation or fees for services from a |
17 | | person or entity if the person or entity or its parent or |
18 | | subsidiary, during the year immediately preceding termination |
19 | | of State employment, was a party to a State contract or |
20 | | contracts with a cumulative value of $25,000 or more involving |
21 | | the officer, member, or State employee's State agency, or was |
22 | | the subject of a regulatory or licensing decision involving the |
23 | | officer, member, or State employee's State agency, regardless |
24 | | of whether he or she participated personally and substantially |
25 | | in the award of the State contract or contracts or the making |
26 | | of the regulatory or licensing decision in question: |
|
| | SB1557 Enrolled | - 8 - | LRB101 08168 SMS 53234 b |
|
|
1 | | (1) members or officers; |
2 | | (2) members of a commission or board created by the |
3 | | Illinois Constitution; |
4 | | (3) persons whose appointment to office is subject to |
5 | | the advice and consent of the Senate; |
6 | | (4) the head of a department, commission, board, |
7 | | division, bureau, authority, or other administrative unit |
8 | | within the government of this State; |
9 | | (5) chief procurement officers, State purchasing |
10 | | officers, and their designees whose duties are directly |
11 | | related to State procurement; |
12 | | (6) chiefs of staff, deputy chiefs of staff, associate |
13 | | chiefs of staff, assistant chiefs of staff, and deputy |
14 | | governors; |
15 | | (7) employees of the Illinois Racing Board; and |
16 | | (8) employees of the Illinois Gaming Board. |
17 | | (i) For the purposes of this Section, with respect to |
18 | | officers or employees of a regional transit board, as defined |
19 | | in this Act, the phrase "person or entity" does not include: |
20 | | (i) the United States government, (ii) the State, (iii) |
21 | | municipalities, as defined under Article VII, Section 1 of the |
22 | | Illinois Constitution, (iv) units of local government, as |
23 | | defined under Article VII, Section 1 of the Illinois |
24 | | Constitution, or (v) school districts. |
25 | | (Source: P.A. 101-31, eff. 6-28-19.) |
|
| | SB1557 Enrolled | - 9 - | LRB101 08168 SMS 53234 b |
|
|
1 | | Section 5. The Criminal Identification Act is amended by |
2 | | changing Section 5.2 as follows:
|
3 | | (20 ILCS 2630/5.2)
|
4 | | Sec. 5.2. Expungement, sealing, and immediate sealing. |
5 | | (a) General Provisions. |
6 | | (1) Definitions. In this Act, words and phrases have
|
7 | | the meanings set forth in this subsection, except when a
|
8 | | particular context clearly requires a different meaning. |
9 | | (A) The following terms shall have the meanings |
10 | | ascribed to them in the Unified Code of Corrections, |
11 | | 730 ILCS 5/5-1-2 through 5/5-1-22: |
12 | | (i) Business Offense (730 ILCS 5/5-1-2), |
13 | | (ii) Charge (730 ILCS 5/5-1-3), |
14 | | (iii) Court (730 ILCS 5/5-1-6), |
15 | | (iv) Defendant (730 ILCS 5/5-1-7), |
16 | | (v) Felony (730 ILCS 5/5-1-9), |
17 | | (vi) Imprisonment (730 ILCS 5/5-1-10), |
18 | | (vii) Judgment (730 ILCS 5/5-1-12), |
19 | | (viii) Misdemeanor (730 ILCS 5/5-1-14), |
20 | | (ix) Offense (730 ILCS 5/5-1-15), |
21 | | (x) Parole (730 ILCS 5/5-1-16), |
22 | | (xi) Petty Offense (730 ILCS 5/5-1-17), |
23 | | (xii) Probation (730 ILCS 5/5-1-18), |
24 | | (xiii) Sentence (730 ILCS 5/5-1-19), |
25 | | (xiv) Supervision (730 ILCS 5/5-1-21), and |
|
| | SB1557 Enrolled | - 10 - | LRB101 08168 SMS 53234 b |
|
|
1 | | (xv) Victim (730 ILCS 5/5-1-22). |
2 | | (B) As used in this Section, "charge not initiated |
3 | | by arrest" means a charge (as defined by 730 ILCS |
4 | | 5/5-1-3) brought against a defendant where the |
5 | | defendant is not arrested prior to or as a direct |
6 | | result of the charge. |
7 | | (C) "Conviction" means a judgment of conviction or |
8 | | sentence entered upon a plea of guilty or upon a |
9 | | verdict or finding of guilty of an offense, rendered by |
10 | | a legally constituted jury or by a court of competent |
11 | | jurisdiction authorized to try the case without a jury. |
12 | | An order of supervision successfully completed by the |
13 | | petitioner is not a conviction. An order of qualified |
14 | | probation (as defined in subsection (a)(1)(J)) |
15 | | successfully completed by the petitioner is not a |
16 | | conviction. An order of supervision or an order of |
17 | | qualified probation that is terminated |
18 | | unsatisfactorily is a conviction, unless the |
19 | | unsatisfactory termination is reversed, vacated, or |
20 | | modified and the judgment of conviction, if any, is |
21 | | reversed or vacated. |
22 | | (D) "Criminal offense" means a petty offense, |
23 | | business offense, misdemeanor, felony, or municipal |
24 | | ordinance violation (as defined in subsection |
25 | | (a)(1)(H)). As used in this Section, a minor traffic |
26 | | offense (as defined in subsection (a)(1)(G)) shall not |
|
| | SB1557 Enrolled | - 11 - | LRB101 08168 SMS 53234 b |
|
|
1 | | be considered a criminal offense. |
2 | | (E) "Expunge" means to physically destroy the |
3 | | records or return them to the petitioner and to |
4 | | obliterate the petitioner's name from any official |
5 | | index or public record, or both. Nothing in this Act |
6 | | shall require the physical destruction of the circuit |
7 | | court file, but such records relating to arrests or |
8 | | charges, or both, ordered expunged shall be impounded |
9 | | as required by subsections (d)(9)(A)(ii) and |
10 | | (d)(9)(B)(ii). |
11 | | (F) As used in this Section, "last sentence" means |
12 | | the sentence, order of supervision, or order of |
13 | | qualified probation (as defined by subsection |
14 | | (a)(1)(J)), for a criminal offense (as defined by |
15 | | subsection (a)(1)(D)) that terminates last in time in |
16 | | any jurisdiction, regardless of whether the petitioner |
17 | | has included the criminal offense for which the |
18 | | sentence or order of supervision or qualified |
19 | | probation was imposed in his or her petition. If |
20 | | multiple sentences, orders of supervision, or orders |
21 | | of qualified probation terminate on the same day and |
22 | | are last in time, they shall be collectively considered |
23 | | the "last sentence" regardless of whether they were |
24 | | ordered to run concurrently. |
25 | | (G) "Minor traffic offense" means a petty offense, |
26 | | business offense, or Class C misdemeanor under the |
|
| | SB1557 Enrolled | - 12 - | LRB101 08168 SMS 53234 b |
|
|
1 | | Illinois Vehicle Code or a similar provision of a |
2 | | municipal or local ordinance. |
3 | | (G-5) "Minor Cannabis Offense" means a violation |
4 | | of Section 4 or 5 of the Cannabis Control Act |
5 | | concerning not more than 30 grams of any substance |
6 | | containing cannabis, provided the violation did not |
7 | | include a penalty enhancement under Section 7 of the |
8 | | Cannabis Control Act and is not associated with an |
9 | | arrest, conviction or other disposition for a violent |
10 | | crime as defined in subsection (c) of Section 3 of the |
11 | | Rights of Crime Victims and Witnesses Act. |
12 | | (H) "Municipal ordinance violation" means an |
13 | | offense defined by a municipal or local ordinance that |
14 | | is criminal in nature and with which the petitioner was |
15 | | charged or for which the petitioner was arrested and |
16 | | released without charging. |
17 | | (I) "Petitioner" means an adult or a minor |
18 | | prosecuted as an
adult who has applied for relief under |
19 | | this Section. |
20 | | (J) "Qualified probation" means an order of |
21 | | probation under Section 10 of the Cannabis Control Act, |
22 | | Section 410 of the Illinois Controlled Substances Act, |
23 | | Section 70 of the Methamphetamine Control and |
24 | | Community Protection Act, Section 5-6-3.3 or 5-6-3.4 |
25 | | of the Unified Code of Corrections, Section |
26 | | 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as |
|
| | SB1557 Enrolled | - 13 - | LRB101 08168 SMS 53234 b |
|
|
1 | | those provisions existed before their deletion by |
2 | | Public Act 89-313), Section 10-102 of the Illinois |
3 | | Alcoholism and Other Drug Dependency Act, Section |
4 | | 40-10 of the Substance Use Disorder Act, or Section 10 |
5 | | of the Steroid Control Act. For the purpose of this |
6 | | Section, "successful completion" of an order of |
7 | | qualified probation under Section 10-102 of the |
8 | | Illinois Alcoholism and Other Drug Dependency Act and |
9 | | Section 40-10 of the Substance Use Disorder Act means |
10 | | that the probation was terminated satisfactorily and |
11 | | the judgment of conviction was vacated. |
12 | | (K) "Seal" means to physically and electronically |
13 | | maintain the records, unless the records would |
14 | | otherwise be destroyed due to age, but to make the |
15 | | records unavailable without a court order, subject to |
16 | | the exceptions in Sections 12 and 13 of this Act. The |
17 | | petitioner's name shall also be obliterated from the |
18 | | official index required to be kept by the circuit court |
19 | | clerk under Section 16 of the Clerks of Courts Act, but |
20 | | any index issued by the circuit court clerk before the |
21 | | entry of the order to seal shall not be affected. |
22 | | (L) "Sexual offense committed against a minor" |
23 | | includes , but is
not limited to , the offenses of |
24 | | indecent solicitation of a child
or criminal sexual |
25 | | abuse when the victim of such offense is
under 18 years |
26 | | of age. |
|
| | SB1557 Enrolled | - 14 - | LRB101 08168 SMS 53234 b |
|
|
1 | | (M) "Terminate" as it relates to a sentence or |
2 | | order of supervision or qualified probation includes |
3 | | either satisfactory or unsatisfactory termination of |
4 | | the sentence, unless otherwise specified in this |
5 | | Section. A sentence is terminated notwithstanding any |
6 | | outstanding financial legal obligation. |
7 | | (2) Minor Traffic Offenses.
Orders of supervision or |
8 | | convictions for minor traffic offenses shall not affect a |
9 | | petitioner's eligibility to expunge or seal records |
10 | | pursuant to this Section. |
11 | | (2.5) Commencing 180 days after July 29, 2016 (the |
12 | | effective date of Public Act 99-697), the law enforcement |
13 | | agency issuing the citation shall automatically expunge, |
14 | | on or before January 1 and July 1 of each year, the law |
15 | | enforcement records of a person found to have committed a |
16 | | civil law violation of subsection (a) of Section 4 of the |
17 | | Cannabis Control Act or subsection (c) of Section 3.5 of |
18 | | the Drug Paraphernalia Control Act in the law enforcement |
19 | | agency's possession or control and which contains the final |
20 | | satisfactory disposition which pertain to the person |
21 | | issued a citation for that offense.
The law enforcement |
22 | | agency shall provide by rule the process for access, |
23 | | review, and to confirm the automatic expungement by the law |
24 | | enforcement agency issuing the citation.
Commencing 180 |
25 | | days after July 29, 2016 (the effective date of Public Act |
26 | | 99-697), the clerk of the circuit court shall expunge, upon |
|
| | SB1557 Enrolled | - 15 - | LRB101 08168 SMS 53234 b |
|
|
1 | | order of the court, or in the absence of a court order on |
2 | | or before January 1 and July 1 of each year, the court |
3 | | records of a person found in the circuit court to have |
4 | | committed a civil law violation of subsection (a) of |
5 | | Section 4 of the Cannabis Control Act or subsection (c) of |
6 | | Section 3.5 of the Drug Paraphernalia Control Act in the |
7 | | clerk's possession or control and which contains the final |
8 | | satisfactory disposition which pertain to the person |
9 | | issued a citation for any of those offenses. |
10 | | (3) Exclusions. Except as otherwise provided in |
11 | | subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) |
12 | | of this Section, the court shall not order: |
13 | | (A) the sealing or expungement of the records of |
14 | | arrests or charges not initiated by arrest that result |
15 | | in an order of supervision for or conviction of:
(i) |
16 | | any sexual offense committed against a
minor; (ii) |
17 | | Section 11-501 of the Illinois Vehicle Code or a |
18 | | similar provision of a local ordinance; or (iii) |
19 | | Section 11-503 of the Illinois Vehicle Code or a |
20 | | similar provision of a local ordinance, unless the |
21 | | arrest or charge is for a misdemeanor violation of |
22 | | subsection (a) of Section 11-503 or a similar provision |
23 | | of a local ordinance, that occurred prior to the |
24 | | offender reaching the age of 25 years and the offender |
25 | | has no other conviction for violating Section 11-501 or |
26 | | 11-503 of the Illinois Vehicle Code or a similar |
|
| | SB1557 Enrolled | - 16 - | LRB101 08168 SMS 53234 b |
|
|
1 | | provision of a local ordinance. |
2 | | (B) the sealing or expungement of records of minor |
3 | | traffic offenses (as defined in subsection (a)(1)(G)), |
4 | | unless the petitioner was arrested and released |
5 | | without charging. |
6 | | (C) the sealing of the records of arrests or |
7 | | charges not initiated by arrest which result in an |
8 | | order of supervision or a conviction for the following |
9 | | offenses: |
10 | | (i) offenses included in Article 11 of the |
11 | | Criminal Code of 1961 or the Criminal Code of 2012 |
12 | | or a similar provision of a local ordinance, except |
13 | | Section 11-14 and a misdemeanor violation of |
14 | | Section 11-30 of the Criminal Code of 1961 or the |
15 | | Criminal Code of 2012, or a similar provision of a |
16 | | local ordinance; |
17 | | (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, |
18 | | 26-5, or 48-1 of the Criminal Code of 1961 or the |
19 | | Criminal Code of 2012, or a similar provision of a |
20 | | local ordinance; |
21 | | (iii) Sections 12-3.1 or 12-3.2 of the |
22 | | Criminal Code of 1961 or the Criminal Code of 2012, |
23 | | or Section 125 of the Stalking No Contact Order |
24 | | Act, or Section 219 of the Civil No Contact Order |
25 | | Act, or a similar provision of a local ordinance; |
26 | | (iv) Class A misdemeanors or felony offenses |
|
| | SB1557 Enrolled | - 17 - | LRB101 08168 SMS 53234 b |
|
|
1 | | under the Humane Care for Animals Act; or |
2 | | (v) any offense or attempted offense that |
3 | | would subject a person to registration under the |
4 | | Sex Offender Registration Act. |
5 | | (D) (blank). |
6 | | (b) Expungement. |
7 | | (1) A petitioner may petition the circuit court to |
8 | | expunge the
records of his or her arrests and charges not |
9 | | initiated by arrest when each arrest or charge not |
10 | | initiated by arrest
sought to be expunged resulted in:
(i) |
11 | | acquittal, dismissal, or the petitioner's release without |
12 | | charging, unless excluded by subsection (a)(3)(B);
(ii) a |
13 | | conviction which was vacated or reversed, unless excluded |
14 | | by subsection (a)(3)(B);
(iii) an order of supervision and |
15 | | such supervision was successfully completed by the |
16 | | petitioner, unless excluded by subsection (a)(3)(A) or |
17 | | (a)(3)(B); or
(iv) an order of qualified probation (as |
18 | | defined in subsection (a)(1)(J)) and such probation was |
19 | | successfully completed by the petitioner. |
20 | | (1.5) When a petitioner seeks to have a record of |
21 | | arrest expunged under this Section, and the offender has |
22 | | been convicted of a criminal offense, the State's Attorney |
23 | | may object to the expungement on the grounds that the |
24 | | records contain specific relevant information aside from |
25 | | the mere fact of the arrest. |
26 | | (2) Time frame for filing a petition to expunge. |
|
| | SB1557 Enrolled | - 18 - | LRB101 08168 SMS 53234 b |
|
|
1 | | (A) When the arrest or charge not initiated by |
2 | | arrest sought to be expunged resulted in an acquittal, |
3 | | dismissal, the petitioner's release without charging, |
4 | | or the reversal or vacation of a conviction, there is |
5 | | no waiting period to petition for the expungement of |
6 | | such records. |
7 | | (B) When the arrest or charge not initiated by |
8 | | arrest
sought to be expunged resulted in an order of |
9 | | supervision, successfully
completed by the petitioner, |
10 | | the following time frames will apply: |
11 | | (i) Those arrests or charges that resulted in |
12 | | orders of
supervision under Section 3-707, 3-708, |
13 | | 3-710, or 5-401.3 of the Illinois Vehicle Code or a |
14 | | similar provision of a local ordinance, or under |
15 | | Section 11-1.50, 12-3.2, or 12-15 of the Criminal |
16 | | Code of 1961 or the Criminal Code of 2012, or a |
17 | | similar provision of a local ordinance, shall not |
18 | | be eligible for expungement until 5 years have |
19 | | passed following the satisfactory termination of |
20 | | the supervision. |
21 | | (i-5) Those arrests or charges that resulted |
22 | | in orders of supervision for a misdemeanor |
23 | | violation of subsection (a) of Section 11-503 of |
24 | | the Illinois Vehicle Code or a similar provision of |
25 | | a local ordinance, that occurred prior to the |
26 | | offender reaching the age of 25 years and the |
|
| | SB1557 Enrolled | - 19 - | LRB101 08168 SMS 53234 b |
|
|
1 | | offender has no other conviction for violating |
2 | | Section 11-501 or 11-503 of the Illinois Vehicle |
3 | | Code or a similar provision of a local ordinance |
4 | | shall not be eligible for expungement until the |
5 | | petitioner has reached the age of 25 years. |
6 | | (ii) Those arrests or charges that resulted in |
7 | | orders
of supervision for any other offenses shall |
8 | | not be
eligible for expungement until 2 years have |
9 | | passed
following the satisfactory termination of |
10 | | the supervision. |
11 | | (C) When the arrest or charge not initiated by |
12 | | arrest sought to
be expunged resulted in an order of |
13 | | qualified probation, successfully
completed by the |
14 | | petitioner, such records shall not be eligible for
|
15 | | expungement until 5 years have passed following the |
16 | | satisfactory
termination of the probation. |
17 | | (3) Those records maintained by the Department for
|
18 | | persons arrested prior to their 17th birthday shall be
|
19 | | expunged as provided in Section 5-915 of the Juvenile Court
|
20 | | Act of 1987. |
21 | | (4) Whenever a person has been arrested for or |
22 | | convicted of any
offense, in the name of a person whose |
23 | | identity he or she has stolen or otherwise
come into |
24 | | possession of, the aggrieved person from whom the identity
|
25 | | was stolen or otherwise obtained without authorization,
|
26 | | upon learning of the person having been arrested using his
|
|
| | SB1557 Enrolled | - 20 - | LRB101 08168 SMS 53234 b |
|
|
1 | | or her identity, may, upon verified petition to the chief |
2 | | judge of
the circuit wherein the arrest was made, have a |
3 | | court order
entered nunc pro tunc by the Chief Judge to |
4 | | correct the
arrest record, conviction record, if any, and |
5 | | all official
records of the arresting authority, the |
6 | | Department, other
criminal justice agencies, the |
7 | | prosecutor, and the trial
court concerning such arrest, if |
8 | | any, by removing his or her name
from all such records in |
9 | | connection with the arrest and
conviction, if any, and by |
10 | | inserting in the records the
name of the offender, if known |
11 | | or ascertainable, in lieu of
the aggrieved's name. The |
12 | | records of the circuit court clerk shall be sealed until |
13 | | further order of
the court upon good cause shown and the |
14 | | name of the
aggrieved person obliterated on the official |
15 | | index
required to be kept by the circuit court clerk under
|
16 | | Section 16 of the Clerks of Courts Act, but the order shall
|
17 | | not affect any index issued by the circuit court clerk
|
18 | | before the entry of the order. Nothing in this Section
|
19 | | shall limit the Department of State Police or other
|
20 | | criminal justice agencies or prosecutors from listing
|
21 | | under an offender's name the false names he or she has
|
22 | | used. |
23 | | (5) Whenever a person has been convicted of criminal
|
24 | | sexual assault, aggravated criminal sexual assault,
|
25 | | predatory criminal sexual assault of a child, criminal
|
26 | | sexual abuse, or aggravated criminal sexual abuse, the
|
|
| | SB1557 Enrolled | - 21 - | LRB101 08168 SMS 53234 b |
|
|
1 | | victim of that offense may request that the State's
|
2 | | Attorney of the county in which the conviction occurred
|
3 | | file a verified petition with the presiding trial judge at
|
4 | | the petitioner's trial to have a court order entered to |
5 | | seal
the records of the circuit court clerk in connection
|
6 | | with the proceedings of the trial court concerning that
|
7 | | offense. However, the records of the arresting authority
|
8 | | and the Department of State Police concerning the offense
|
9 | | shall not be sealed. The court, upon good cause shown,
|
10 | | shall make the records of the circuit court clerk in
|
11 | | connection with the proceedings of the trial court
|
12 | | concerning the offense available for public inspection. |
13 | | (6) If a conviction has been set aside on direct review
|
14 | | or on collateral attack and the court determines by clear
|
15 | | and convincing evidence that the petitioner was factually
|
16 | | innocent of the charge, the court that finds the petitioner |
17 | | factually innocent of the charge shall enter an
expungement |
18 | | order for the conviction for which the petitioner has been |
19 | | determined to be innocent as provided in subsection (b) of |
20 | | Section
5-5-4 of the Unified Code of Corrections. |
21 | | (7) Nothing in this Section shall prevent the |
22 | | Department of
State Police from maintaining all records of |
23 | | any person who
is admitted to probation upon terms and |
24 | | conditions and who
fulfills those terms and conditions |
25 | | pursuant to Section 10
of the Cannabis Control Act, Section |
26 | | 410 of the Illinois
Controlled Substances Act, Section 70 |
|
| | SB1557 Enrolled | - 22 - | LRB101 08168 SMS 53234 b |
|
|
1 | | of the
Methamphetamine Control and Community Protection |
2 | | Act,
Section 5-6-3.3 or 5-6-3.4 of the Unified Code of |
3 | | Corrections, Section 12-4.3 or subdivision (b)(1) of |
4 | | Section 12-3.05 of the Criminal Code of 1961 or the |
5 | | Criminal Code of 2012, Section 10-102
of the Illinois |
6 | | Alcoholism and Other Drug Dependency Act,
Section 40-10 of |
7 | | the Substance Use Disorder Act, or Section 10 of the |
8 | | Steroid Control Act. |
9 | | (8) If the petitioner has been granted a certificate of |
10 | | innocence under Section 2-702 of the Code of Civil |
11 | | Procedure, the court that grants the certificate of |
12 | | innocence shall also enter an order expunging the |
13 | | conviction for which the petitioner has been determined to |
14 | | be innocent as provided in subsection (h) of Section 2-702 |
15 | | of the Code of Civil Procedure. |
16 | | (c) Sealing. |
17 | | (1) Applicability. Notwithstanding any other provision |
18 | | of this Act to the contrary, and cumulative with any rights |
19 | | to expungement of criminal records, this subsection |
20 | | authorizes the sealing of criminal records of adults and of |
21 | | minors prosecuted as adults. Subsection (g) of this Section |
22 | | provides for immediate sealing of certain records. |
23 | | (2) Eligible Records. The following records may be |
24 | | sealed: |
25 | | (A) All arrests resulting in release without |
26 | | charging; |
|
| | SB1557 Enrolled | - 23 - | LRB101 08168 SMS 53234 b |
|
|
1 | | (B) Arrests or charges not initiated by arrest |
2 | | resulting in acquittal, dismissal, or conviction when |
3 | | the conviction was reversed or vacated, except as |
4 | | excluded by subsection (a)(3)(B); |
5 | | (C) Arrests or charges not initiated by arrest |
6 | | resulting in orders of supervision, including orders |
7 | | of supervision for municipal ordinance violations, |
8 | | successfully completed by the petitioner, unless |
9 | | excluded by subsection (a)(3); |
10 | | (D) Arrests or charges not initiated by arrest |
11 | | resulting in convictions, including convictions on |
12 | | municipal ordinance violations, unless excluded by |
13 | | subsection (a)(3); |
14 | | (E) Arrests or charges not initiated by arrest |
15 | | resulting in orders of first offender probation under |
16 | | Section 10 of the Cannabis Control Act, Section 410 of |
17 | | the Illinois Controlled Substances Act, Section 70 of |
18 | | the Methamphetamine Control and Community Protection |
19 | | Act, or Section 5-6-3.3 of the Unified Code of |
20 | | Corrections; and |
21 | | (F) Arrests or charges not initiated by arrest |
22 | | resulting in felony convictions unless otherwise |
23 | | excluded by subsection (a) paragraph (3) of this |
24 | | Section. |
25 | | (3) When Records Are Eligible to Be Sealed. Records |
26 | | identified as eligible under subsection (c)(2) may be |
|
| | SB1557 Enrolled | - 24 - | LRB101 08168 SMS 53234 b |
|
|
1 | | sealed as follows: |
2 | | (A) Records identified as eligible under |
3 | | subsection (c)(2)(A) and (c)(2)(B) may be sealed at any |
4 | | time. |
5 | | (B) Except as otherwise provided in subparagraph |
6 | | (E) of this paragraph (3), records identified as |
7 | | eligible under subsection (c)(2)(C) may be sealed
2 |
8 | | years after the termination of petitioner's last |
9 | | sentence (as defined in subsection (a)(1)(F)). |
10 | | (C) Except as otherwise provided in subparagraph |
11 | | (E) of this paragraph (3), records identified as |
12 | | eligible under subsections (c)(2)(D), (c)(2)(E), and |
13 | | (c)(2)(F) may be sealed 3 years after the termination |
14 | | of the petitioner's last sentence (as defined in |
15 | | subsection (a)(1)(F)). Convictions requiring public |
16 | | registration under the Arsonist Registration Act, the |
17 | | Sex Offender Registration Act, or the Murderer and |
18 | | Violent Offender Against Youth Registration Act may |
19 | | not be sealed until the petitioner is no longer |
20 | | required to register under that relevant Act. |
21 | | (D) Records identified in subsection |
22 | | (a)(3)(A)(iii) may be sealed after the petitioner has |
23 | | reached the age of 25 years. |
24 | | (E) Records identified as eligible under |
25 | | subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or |
26 | | (c)(2)(F) may be sealed upon termination of the |
|
| | SB1557 Enrolled | - 25 - | LRB101 08168 SMS 53234 b |
|
|
1 | | petitioner's last sentence if the petitioner earned a |
2 | | high school diploma, associate's degree, career |
3 | | certificate, vocational technical certification, or |
4 | | bachelor's degree, or passed the high school level Test |
5 | | of General Educational Development, during the period |
6 | | of his or her sentence or mandatory supervised release. |
7 | | This subparagraph shall apply only to a petitioner who |
8 | | has not completed the same educational goal prior to |
9 | | the period of his or her sentence or mandatory |
10 | | supervised release. If a petition for sealing eligible |
11 | | records filed under this subparagraph is denied by the |
12 | | court, the time periods under subparagraph (B) or (C) |
13 | | shall apply to any subsequent petition for sealing |
14 | | filed by the petitioner. |
15 | | (4) Subsequent felony convictions. A person may not |
16 | | have
subsequent felony conviction records sealed as |
17 | | provided in this subsection
(c) if he or she is convicted |
18 | | of any felony offense after the date of the
sealing of |
19 | | prior felony convictions as provided in this subsection |
20 | | (c). The court may, upon conviction for a subsequent felony |
21 | | offense, order the unsealing of prior felony conviction |
22 | | records previously ordered sealed by the court. |
23 | | (5) Notice of eligibility for sealing. Upon entry of a |
24 | | disposition for an eligible record under this subsection |
25 | | (c), the petitioner shall be informed by the court of the |
26 | | right to have the records sealed and the procedures for the |
|
| | SB1557 Enrolled | - 26 - | LRB101 08168 SMS 53234 b |
|
|
1 | | sealing of the records. |
2 | | (d) Procedure. The following procedures apply to |
3 | | expungement under subsections (b), (e), and (e-6) and sealing |
4 | | under subsections (c) and (e-5): |
5 | | (1) Filing the petition. Upon becoming eligible to |
6 | | petition for
the expungement or sealing of records under |
7 | | this Section, the petitioner shall file a petition |
8 | | requesting the expungement
or sealing of records with the |
9 | | clerk of the court where the arrests occurred or the |
10 | | charges were brought, or both. If arrests occurred or |
11 | | charges were brought in multiple jurisdictions, a petition |
12 | | must be filed in each such jurisdiction. The petitioner |
13 | | shall pay the applicable fee, except no fee shall be |
14 | | required if the petitioner has obtained a court order |
15 | | waiving fees under Supreme Court Rule 298 or it is |
16 | | otherwise waived. |
17 | | (1.5) County fee waiver pilot program.
From August 9, |
18 | | 2019 ( the effective date of Public Act 101-306) this |
19 | | amendatory Act of the 101st General Assembly through |
20 | | December 31, 2020, in a county of 3,000,000 or more |
21 | | inhabitants, no fee shall be required to be paid by a |
22 | | petitioner if the records sought to be expunged or sealed |
23 | | were arrests resulting in release without charging or |
24 | | arrests or charges not initiated by arrest resulting in |
25 | | acquittal, dismissal, or conviction when the conviction |
26 | | was reversed or vacated, unless excluded by subsection |
|
| | SB1557 Enrolled | - 27 - | LRB101 08168 SMS 53234 b |
|
|
1 | | (a)(3)(B). The provisions of this paragraph (1.5), other |
2 | | than this sentence, are inoperative on and after January 1, |
3 | | 2021. |
4 | | (2) Contents of petition. The petition shall be
|
5 | | verified and shall contain the petitioner's name, date of
|
6 | | birth, current address and, for each arrest or charge not |
7 | | initiated by
arrest sought to be sealed or expunged, the |
8 | | case number, the date of
arrest (if any), the identity of |
9 | | the arresting authority, and such
other information as the |
10 | | court may require. During the pendency
of the proceeding, |
11 | | the petitioner shall promptly notify the
circuit court |
12 | | clerk of any change of his or her address. If the |
13 | | petitioner has received a certificate of eligibility for |
14 | | sealing from the Prisoner Review Board under paragraph (10) |
15 | | of subsection (a) of Section 3-3-2 of the Unified Code of |
16 | | Corrections, the certificate shall be attached to the |
17 | | petition. |
18 | | (3) Drug test. The petitioner must attach to the |
19 | | petition proof that the petitioner has passed a test taken |
20 | | within 30 days before the filing of the petition showing |
21 | | the absence within his or her body of all illegal |
22 | | substances as defined by the Illinois Controlled |
23 | | Substances Act, the Methamphetamine Control and Community |
24 | | Protection Act, and the Cannabis Control Act if he or she |
25 | | is petitioning to: |
26 | | (A) seal felony records under clause (c)(2)(E); |
|
| | SB1557 Enrolled | - 28 - | LRB101 08168 SMS 53234 b |
|
|
1 | | (B) seal felony records for a violation of the |
2 | | Illinois Controlled Substances Act, the |
3 | | Methamphetamine Control and Community Protection Act, |
4 | | or the Cannabis Control Act under clause (c)(2)(F); |
5 | | (C) seal felony records under subsection (e-5); or |
6 | | (D) expunge felony records of a qualified |
7 | | probation under clause (b)(1)(iv). |
8 | | (4) Service of petition. The circuit court clerk shall |
9 | | promptly
serve a copy of the petition and documentation to |
10 | | support the petition under subsection (e-5) or (e-6) on the |
11 | | State's Attorney or
prosecutor charged with the duty of |
12 | | prosecuting the
offense, the Department of State Police, |
13 | | the arresting
agency and the chief legal officer of the |
14 | | unit of local
government effecting the arrest. |
15 | | (5) Objections. |
16 | | (A) Any party entitled to notice of the petition |
17 | | may file an objection to the petition. All objections |
18 | | shall be in writing, shall be filed with the circuit |
19 | | court clerk, and shall state with specificity the basis |
20 | | of the objection. Whenever a person who has been |
21 | | convicted of an offense is granted
a pardon by the |
22 | | Governor which specifically authorizes expungement, an |
23 | | objection to the petition may not be filed. |
24 | | (B) Objections to a petition to expunge or seal |
25 | | must be filed within 60 days of the date of service of |
26 | | the petition. |
|
| | SB1557 Enrolled | - 29 - | LRB101 08168 SMS 53234 b |
|
|
1 | | (6) Entry of order. |
2 | | (A) The Chief Judge of the circuit wherein the |
3 | | charge was brought, any judge of that circuit |
4 | | designated by the Chief Judge, or in counties of less |
5 | | than 3,000,000 inhabitants, the presiding trial judge |
6 | | at the petitioner's trial, if any, shall rule on the |
7 | | petition to expunge or seal as set forth in this |
8 | | subsection (d)(6). |
9 | | (B) Unless the State's Attorney or prosecutor, the |
10 | | Department of
State Police, the arresting agency, or |
11 | | the chief legal officer
files an objection to the |
12 | | petition to expunge or seal within 60 days from the |
13 | | date of service of the petition, the court shall enter |
14 | | an order granting or denying the petition. |
15 | | (C) Notwithstanding any other provision of law, |
16 | | the court shall not deny a petition for sealing under |
17 | | this Section because the petitioner has not satisfied |
18 | | an outstanding legal financial obligation established, |
19 | | imposed, or originated by a court, law enforcement |
20 | | agency, or a municipal, State, county, or other unit of |
21 | | local government, including, but not limited to, any |
22 | | cost, assessment, fine, or fee. An outstanding legal |
23 | | financial obligation does not include any court |
24 | | ordered restitution to a victim under Section 5-5-6 of |
25 | | the Unified Code of Corrections, unless the |
26 | | restitution has been converted to a civil judgment. |
|
| | SB1557 Enrolled | - 30 - | LRB101 08168 SMS 53234 b |
|
|
1 | | Nothing in this subparagraph (C) waives, rescinds, or |
2 | | abrogates a legal financial obligation or otherwise |
3 | | eliminates or affects the right of the holder of any |
4 | | financial obligation to pursue collection under |
5 | | applicable federal, State, or local law. |
6 | | (7) Hearings. If an objection is filed, the court shall |
7 | | set a date for a hearing and notify the petitioner and all |
8 | | parties entitled to notice of the petition of the hearing |
9 | | date at least 30 days prior to the hearing. Prior to the |
10 | | hearing, the State's Attorney shall consult with the |
11 | | Department as to the appropriateness of the relief sought |
12 | | in the petition to expunge or seal. At the hearing, the |
13 | | court shall hear evidence on whether the petition should or |
14 | | should not be granted, and shall grant or deny the petition |
15 | | to expunge or seal the records based on the evidence |
16 | | presented at the hearing. The court may consider the |
17 | | following: |
18 | | (A) the strength of the evidence supporting the |
19 | | defendant's conviction; |
20 | | (B) the reasons for retention of the conviction |
21 | | records by the State; |
22 | | (C) the petitioner's age, criminal record history, |
23 | | and employment history; |
24 | | (D) the period of time between the petitioner's |
25 | | arrest on the charge resulting in the conviction and |
26 | | the filing of the petition under this Section; and |
|
| | SB1557 Enrolled | - 31 - | LRB101 08168 SMS 53234 b |
|
|
1 | | (E) the specific adverse consequences the |
2 | | petitioner may be subject to if the petition is denied. |
3 | | (8) Service of order. After entering an order to |
4 | | expunge or
seal records, the court must provide copies of |
5 | | the order to the
Department, in a form and manner |
6 | | prescribed by the Department,
to the petitioner, to the |
7 | | State's Attorney or prosecutor
charged with the duty of |
8 | | prosecuting the offense, to the
arresting agency, to the |
9 | | chief legal officer of the unit of
local government |
10 | | effecting the arrest, and to such other
criminal justice |
11 | | agencies as may be ordered by the court. |
12 | | (9) Implementation of order. |
13 | | (A) Upon entry of an order to expunge records |
14 | | pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both: |
15 | | (i) the records shall be expunged (as defined |
16 | | in subsection (a)(1)(E)) by the arresting agency, |
17 | | the Department, and any other agency as ordered by |
18 | | the court, within 60 days of the date of service of |
19 | | the order, unless a motion to vacate, modify, or |
20 | | reconsider the order is filed pursuant to |
21 | | paragraph (12) of subsection (d) of this Section; |
22 | | (ii) the records of the circuit court clerk |
23 | | shall be impounded until further order of the court |
24 | | upon good cause shown and the name of the |
25 | | petitioner obliterated on the official index |
26 | | required to be kept by the circuit court clerk |
|
| | SB1557 Enrolled | - 32 - | LRB101 08168 SMS 53234 b |
|
|
1 | | under Section 16 of the Clerks of Courts Act, but |
2 | | the order shall not affect any index issued by the |
3 | | circuit court clerk before the entry of the order; |
4 | | and |
5 | | (iii) in response to an inquiry for expunged |
6 | | records, the court, the Department, or the agency |
7 | | receiving such inquiry, shall reply as it does in |
8 | | response to inquiries when no records ever |
9 | | existed. |
10 | | (B) Upon entry of an order to expunge records |
11 | | pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: |
12 | | (i) the records shall be expunged (as defined |
13 | | in subsection (a)(1)(E)) by the arresting agency |
14 | | and any other agency as ordered by the court, |
15 | | within 60 days of the date of service of the order, |
16 | | unless a motion to vacate, modify, or reconsider |
17 | | the order is filed pursuant to paragraph (12) of |
18 | | subsection (d) of this Section; |
19 | | (ii) the records of the circuit court clerk |
20 | | shall be impounded until further order of the court |
21 | | upon good cause shown and the name of the |
22 | | petitioner obliterated on the official index |
23 | | required to be kept by the circuit court clerk |
24 | | under Section 16 of the Clerks of Courts Act, but |
25 | | the order shall not affect any index issued by the |
26 | | circuit court clerk before the entry of the order; |
|
| | SB1557 Enrolled | - 33 - | LRB101 08168 SMS 53234 b |
|
|
1 | | (iii) the records shall be impounded by the
|
2 | | Department within 60 days of the date of service of |
3 | | the order as ordered by the court, unless a motion |
4 | | to vacate, modify, or reconsider the order is filed |
5 | | pursuant to paragraph (12) of subsection (d) of |
6 | | this Section; |
7 | | (iv) records impounded by the Department may |
8 | | be disseminated by the Department only as required |
9 | | by law or to the arresting authority, the State's |
10 | | Attorney, and the court upon a later arrest for the |
11 | | same or a similar offense or for the purpose of |
12 | | sentencing for any subsequent felony, and to the |
13 | | Department of Corrections upon conviction for any |
14 | | offense; and |
15 | | (v) in response to an inquiry for such records |
16 | | from anyone not authorized by law to access such |
17 | | records, the court, the Department, or the agency |
18 | | receiving such inquiry shall reply as it does in |
19 | | response to inquiries when no records ever |
20 | | existed. |
21 | | (B-5) Upon entry of an order to expunge records |
22 | | under subsection (e-6): |
23 | | (i) the records shall be expunged (as defined |
24 | | in subsection (a)(1)(E)) by the arresting agency |
25 | | and any other agency as ordered by the court, |
26 | | within 60 days of the date of service of the order, |
|
| | SB1557 Enrolled | - 34 - | LRB101 08168 SMS 53234 b |
|
|
1 | | unless a motion to vacate, modify, or reconsider |
2 | | the order is filed under paragraph (12) of |
3 | | subsection (d) of this Section; |
4 | | (ii) the records of the circuit court clerk |
5 | | shall be impounded until further order of the court |
6 | | upon good cause shown and the name of the |
7 | | petitioner obliterated on the official index |
8 | | required to be kept by the circuit court clerk |
9 | | under Section 16 of the Clerks of Courts Act, but |
10 | | the order shall not affect any index issued by the |
11 | | circuit court clerk before the entry of the order; |
12 | | (iii) the records shall be impounded by the
|
13 | | Department within 60 days of the date of service of |
14 | | the order as ordered by the court, unless a motion |
15 | | to vacate, modify, or reconsider the order is filed |
16 | | under paragraph (12) of subsection (d) of this |
17 | | Section; |
18 | | (iv) records impounded by the Department may |
19 | | be disseminated by the Department only as required |
20 | | by law or to the arresting authority, the State's |
21 | | Attorney, and the court upon a later arrest for the |
22 | | same or a similar offense or for the purpose of |
23 | | sentencing for any subsequent felony, and to the |
24 | | Department of Corrections upon conviction for any |
25 | | offense; and |
26 | | (v) in response to an inquiry for these records |
|
| | SB1557 Enrolled | - 35 - | LRB101 08168 SMS 53234 b |
|
|
1 | | from anyone not authorized by law to access the |
2 | | records, the court, the Department, or the agency |
3 | | receiving the inquiry shall reply as it does in |
4 | | response to inquiries when no records ever |
5 | | existed. |
6 | | (C) Upon entry of an order to seal records under |
7 | | subsection
(c), the arresting agency, any other agency |
8 | | as ordered by the court, the Department, and the court |
9 | | shall seal the records (as defined in subsection |
10 | | (a)(1)(K)). In response to an inquiry for such records, |
11 | | from anyone not authorized by law to access such |
12 | | records, the court, the Department, or the agency |
13 | | receiving such inquiry shall reply as it does in |
14 | | response to inquiries when no records ever existed. |
15 | | (D) The Department shall send written notice to the |
16 | | petitioner of its compliance with each order to expunge |
17 | | or seal records within 60 days of the date of service |
18 | | of that order or, if a motion to vacate, modify, or |
19 | | reconsider is filed, within 60 days of service of the |
20 | | order resolving the motion, if that order requires the |
21 | | Department to expunge or seal records. In the event of |
22 | | an appeal from the circuit court order, the Department |
23 | | shall send written notice to the petitioner of its |
24 | | compliance with an Appellate Court or Supreme Court |
25 | | judgment to expunge or seal records within 60 days of |
26 | | the issuance of the court's mandate. The notice is not |
|
| | SB1557 Enrolled | - 36 - | LRB101 08168 SMS 53234 b |
|
|
1 | | required while any motion to vacate, modify, or |
2 | | reconsider, or any appeal or petition for |
3 | | discretionary appellate review, is pending. |
4 | | (E) Upon motion, the court may order that a sealed |
5 | | judgment or other court record necessary to |
6 | | demonstrate the amount of any legal financial |
7 | | obligation due and owing be made available for the |
8 | | limited purpose of collecting any legal financial |
9 | | obligations owed by the petitioner that were |
10 | | established, imposed, or originated in the criminal |
11 | | proceeding for which those records have been sealed. |
12 | | The records made available under this subparagraph (E) |
13 | | shall not be entered into the official index required |
14 | | to be kept by the circuit court clerk under Section 16 |
15 | | of the Clerks of Courts Act and shall be immediately |
16 | | re-impounded upon the collection of the outstanding |
17 | | financial obligations. |
18 | | (F) Notwithstanding any other provision of this |
19 | | Section, a circuit court clerk may access a sealed |
20 | | record for the limited purpose of collecting payment |
21 | | for any legal financial obligations that were |
22 | | established, imposed, or originated in the criminal |
23 | | proceedings for which those records have been sealed. |
24 | | (10) Fees. The Department may charge the petitioner a |
25 | | fee equivalent to the cost of processing any order to |
26 | | expunge or seal records. Notwithstanding any provision of |
|
| | SB1557 Enrolled | - 37 - | LRB101 08168 SMS 53234 b |
|
|
1 | | the Clerks of Courts Act to the contrary, the circuit court |
2 | | clerk may charge a fee equivalent to the cost associated |
3 | | with the sealing or expungement of records by the circuit |
4 | | court clerk. From the total filing fee collected for the |
5 | | petition to seal or expunge, the circuit court clerk shall |
6 | | deposit $10 into the Circuit Court Clerk Operation and |
7 | | Administrative Fund, to be used to offset the costs |
8 | | incurred by the circuit court clerk in performing the |
9 | | additional duties required to serve the petition to seal or |
10 | | expunge on all parties. The circuit court clerk shall |
11 | | collect and forward the Department of State Police portion |
12 | | of the fee to the Department and it shall be deposited in |
13 | | the State Police Services Fund. If the record brought under |
14 | | an expungement petition was previously sealed under this |
15 | | Section, the fee for the expungement petition for that same |
16 | | record shall be waived. |
17 | | (11) Final Order. No court order issued under the |
18 | | expungement or sealing provisions of this Section shall |
19 | | become final for purposes of appeal until 30 days after |
20 | | service of the order on the petitioner and all parties |
21 | | entitled to notice of the petition. |
22 | | (12) Motion to Vacate, Modify, or Reconsider. Under |
23 | | Section 2-1203 of the Code of Civil Procedure, the |
24 | | petitioner or any party entitled to notice may file a |
25 | | motion to vacate, modify, or reconsider the order granting |
26 | | or denying the petition to expunge or seal within 60 days |
|
| | SB1557 Enrolled | - 38 - | LRB101 08168 SMS 53234 b |
|
|
1 | | of service of the order. If filed more than 60 days after |
2 | | service of the order, a petition to vacate, modify, or |
3 | | reconsider shall comply with subsection (c) of Section |
4 | | 2-1401 of the Code of Civil Procedure. Upon filing of a |
5 | | motion to vacate, modify, or reconsider, notice of the |
6 | | motion shall be served upon the petitioner and all parties |
7 | | entitled to notice of the petition. |
8 | | (13) Effect of Order. An order granting a petition |
9 | | under the expungement or sealing provisions of this Section |
10 | | shall not be considered void because it fails to comply |
11 | | with the provisions of this Section or because of any error |
12 | | asserted in a motion to vacate, modify, or reconsider. The |
13 | | circuit court retains jurisdiction to determine whether |
14 | | the order is voidable and to vacate, modify, or reconsider |
15 | | its terms based on a motion filed under paragraph (12) of |
16 | | this subsection (d). |
17 | | (14) Compliance with Order Granting Petition to Seal |
18 | | Records. Unless a court has entered a stay of an order |
19 | | granting a petition to seal, all parties entitled to notice |
20 | | of the petition must fully comply with the terms of the |
21 | | order within 60 days of service of the order even if a |
22 | | party is seeking relief from the order through a motion |
23 | | filed under paragraph (12) of this subsection (d) or is |
24 | | appealing the order. |
25 | | (15) Compliance with Order Granting Petition to |
26 | | Expunge Records. While a party is seeking relief from the |
|
| | SB1557 Enrolled | - 39 - | LRB101 08168 SMS 53234 b |
|
|
1 | | order granting the petition to expunge through a motion |
2 | | filed under paragraph (12) of this subsection (d) or is |
3 | | appealing the order, and unless a court has entered a stay |
4 | | of that order, the parties entitled to notice of the |
5 | | petition must seal, but need not expunge, the records until |
6 | | there is a final order on the motion for relief or, in the |
7 | | case of an appeal, the issuance of that court's mandate. |
8 | | (16) The changes to this subsection (d) made by Public |
9 | | Act 98-163 apply to all petitions pending on August 5, 2013 |
10 | | (the effective date of Public Act 98-163) and to all orders |
11 | | ruling on a petition to expunge or seal on or after August |
12 | | 5, 2013 (the effective date of Public Act 98-163). |
13 | | (e) Whenever a person who has been convicted of an offense |
14 | | is granted
a pardon by the Governor which specifically |
15 | | authorizes expungement, he or she may,
upon verified petition |
16 | | to the Chief Judge of the circuit where the person had
been |
17 | | convicted, any judge of the circuit designated by the Chief |
18 | | Judge, or in
counties of less than 3,000,000 inhabitants, the |
19 | | presiding trial judge at the
defendant's trial, have a court |
20 | | order entered expunging the record of
arrest from the official |
21 | | records of the arresting authority and order that the
records |
22 | | of the circuit court clerk and the Department be sealed until
|
23 | | further order of the court upon good cause shown or as |
24 | | otherwise provided
herein, and the name of the defendant |
25 | | obliterated from the official index
requested to be kept by the |
26 | | circuit court clerk under Section 16 of the Clerks
of Courts |
|
| | SB1557 Enrolled | - 40 - | LRB101 08168 SMS 53234 b |
|
|
1 | | Act in connection with the arrest and conviction for the |
2 | | offense for
which he or she had been pardoned but the order |
3 | | shall not affect any index issued by
the circuit court clerk |
4 | | before the entry of the order. All records sealed by
the |
5 | | Department may be disseminated by the Department only to the |
6 | | arresting authority, the State's Attorney, and the court upon a |
7 | | later
arrest for the same or similar offense or for the purpose |
8 | | of sentencing for any
subsequent felony. Upon conviction for |
9 | | any subsequent offense, the Department
of Corrections shall |
10 | | have access to all sealed records of the Department
pertaining |
11 | | to that individual. Upon entry of the order of expungement, the
|
12 | | circuit court clerk shall promptly mail a copy of the order to |
13 | | the
person who was pardoned. |
14 | | (e-5) Whenever a person who has been convicted of an |
15 | | offense is granted a certificate of eligibility for sealing by |
16 | | the Prisoner Review Board which specifically authorizes |
17 | | sealing, he or she may, upon verified petition to the Chief |
18 | | Judge of the circuit where the person had been convicted, any |
19 | | judge of the circuit designated by the Chief Judge, or in |
20 | | counties of less than 3,000,000 inhabitants, the presiding |
21 | | trial judge at the petitioner's trial, have a court order |
22 | | entered sealing the record of arrest from the official records |
23 | | of the arresting authority and order that the records of the |
24 | | circuit court clerk and the Department be sealed until further |
25 | | order of the court upon good cause shown or as otherwise |
26 | | provided herein, and the name of the petitioner obliterated |
|
| | SB1557 Enrolled | - 41 - | LRB101 08168 SMS 53234 b |
|
|
1 | | from the official index requested to be kept by the circuit |
2 | | court clerk under Section 16 of the Clerks of Courts Act in |
3 | | connection with the arrest and conviction for the offense for |
4 | | which he or she had been granted the certificate but the order |
5 | | shall not affect any index issued by the circuit court clerk |
6 | | before the entry of the order. All records sealed by the |
7 | | Department may be disseminated by the Department only as |
8 | | required by this Act or to the arresting authority, a law |
9 | | enforcement agency, the State's Attorney, and the court upon a |
10 | | later arrest for the same or similar offense or for the purpose |
11 | | of sentencing for any subsequent felony. Upon conviction for |
12 | | any subsequent offense, the Department of Corrections shall |
13 | | have access to all sealed records of the Department pertaining |
14 | | to that individual. Upon entry of the order of sealing, the |
15 | | circuit court clerk shall promptly mail a copy of the order to |
16 | | the person who was granted the certificate of eligibility for |
17 | | sealing. |
18 | | (e-6) Whenever a person who has been convicted of an |
19 | | offense is granted a certificate of eligibility for expungement |
20 | | by the Prisoner Review Board which specifically authorizes |
21 | | expungement, he or she may, upon verified petition to the Chief |
22 | | Judge of the circuit where the person had been convicted, any |
23 | | judge of the circuit designated by the Chief Judge, or in |
24 | | counties of less than 3,000,000 inhabitants, the presiding |
25 | | trial judge at the petitioner's trial, have a court order |
26 | | entered expunging the record of arrest from the official |
|
| | SB1557 Enrolled | - 42 - | LRB101 08168 SMS 53234 b |
|
|
1 | | records of the arresting authority and order that the records |
2 | | of the circuit court clerk and the Department be sealed until |
3 | | further order of the court upon good cause shown or as |
4 | | otherwise provided herein, and the name of the petitioner |
5 | | obliterated from the official index requested to be kept by the |
6 | | circuit court clerk under Section 16 of the Clerks of Courts |
7 | | Act in connection with the arrest and conviction for the |
8 | | offense for which he or she had been granted the certificate |
9 | | but the order shall not affect any index issued by the circuit |
10 | | court clerk before the entry of the order. All records sealed |
11 | | by the Department may be disseminated by the Department only as |
12 | | required by this Act or to the arresting authority, a law |
13 | | enforcement agency, the State's Attorney, and the court upon a |
14 | | later arrest for the same or similar offense or for the purpose |
15 | | of sentencing for any subsequent felony. Upon conviction for |
16 | | any subsequent offense, the Department of Corrections shall |
17 | | have access to all expunged records of the Department |
18 | | pertaining to that individual. Upon entry of the order of |
19 | | expungement, the circuit court clerk shall promptly mail a copy |
20 | | of the order to the person who was granted the certificate of |
21 | | eligibility for expungement. |
22 | | (f) Subject to available funding, the Illinois Department
|
23 | | of Corrections shall conduct a study of the impact of sealing,
|
24 | | especially on employment and recidivism rates, utilizing a
|
25 | | random sample of those who apply for the sealing of their
|
26 | | criminal records under Public Act 93-211. At the request of the
|
|
| | SB1557 Enrolled | - 43 - | LRB101 08168 SMS 53234 b |
|
|
1 | | Illinois Department of Corrections, records of the Illinois
|
2 | | Department of Employment Security shall be utilized as
|
3 | | appropriate to assist in the study. The study shall not
|
4 | | disclose any data in a manner that would allow the
|
5 | | identification of any particular individual or employing unit.
|
6 | | The study shall be made available to the General Assembly no
|
7 | | later than September 1, 2010.
|
8 | | (g) Immediate Sealing. |
9 | | (1) Applicability. Notwithstanding any other provision |
10 | | of this Act to the contrary, and cumulative with any rights |
11 | | to expungement or sealing of criminal records, this |
12 | | subsection authorizes the immediate sealing of criminal |
13 | | records of adults and of minors prosecuted as adults. |
14 | | (2) Eligible Records. Arrests or charges not initiated |
15 | | by arrest resulting in acquittal or dismissal with |
16 | | prejudice, except as excluded by subsection (a)(3)(B), |
17 | | that occur on or after January 1, 2018 (the effective date |
18 | | of Public Act 100-282), may be sealed immediately if the |
19 | | petition is filed with the circuit court clerk on the same |
20 | | day and during the same hearing in which the case is |
21 | | disposed. |
22 | | (3) When Records are Eligible to be Immediately Sealed. |
23 | | Eligible records under paragraph (2) of this subsection (g) |
24 | | may be sealed immediately after entry of the final |
25 | | disposition of a case, notwithstanding the disposition of |
26 | | other charges in the same case. |
|
| | SB1557 Enrolled | - 44 - | LRB101 08168 SMS 53234 b |
|
|
1 | | (4) Notice of Eligibility for Immediate Sealing. Upon |
2 | | entry of a disposition for an eligible record under this |
3 | | subsection (g), the defendant shall be informed by the |
4 | | court of his or her right to have eligible records |
5 | | immediately sealed and the procedure for the immediate |
6 | | sealing of these records. |
7 | | (5) Procedure. The following procedures apply to |
8 | | immediate sealing under this subsection (g). |
9 | | (A) Filing the Petition. Upon entry of the final |
10 | | disposition of the case, the defendant's attorney may |
11 | | immediately petition the court, on behalf of the |
12 | | defendant, for immediate sealing of eligible records |
13 | | under paragraph (2) of this subsection (g) that are |
14 | | entered on or after January 1, 2018 (the effective date |
15 | | of Public Act 100-282). The immediate sealing petition |
16 | | may be filed with the circuit court clerk during the |
17 | | hearing in which the final disposition of the case is |
18 | | entered. If the defendant's attorney does not file the |
19 | | petition for immediate sealing during the hearing, the |
20 | | defendant may file a petition for sealing at any time |
21 | | as authorized under subsection (c)(3)(A). |
22 | | (B) Contents of Petition. The immediate sealing |
23 | | petition shall be verified and shall contain the |
24 | | petitioner's name, date of birth, current address, and |
25 | | for each eligible record, the case number, the date of |
26 | | arrest if applicable, the identity of the arresting |
|
| | SB1557 Enrolled | - 45 - | LRB101 08168 SMS 53234 b |
|
|
1 | | authority if applicable, and other information as the |
2 | | court may require. |
3 | | (C) Drug Test. The petitioner shall not be required |
4 | | to attach proof that he or she has passed a drug test. |
5 | | (D) Service of Petition. A copy of the petition |
6 | | shall be served on the State's Attorney in open court. |
7 | | The petitioner shall not be required to serve a copy of |
8 | | the petition on any other agency. |
9 | | (E) Entry of Order. The presiding trial judge shall |
10 | | enter an order granting or denying the petition for |
11 | | immediate sealing during the hearing in which it is |
12 | | filed. Petitions for immediate sealing shall be ruled |
13 | | on in the same hearing in which the final disposition |
14 | | of the case is entered. |
15 | | (F) Hearings. The court shall hear the petition for |
16 | | immediate sealing on the same day and during the same |
17 | | hearing in which the disposition is rendered. |
18 | | (G) Service of Order. An order to immediately seal |
19 | | eligible records shall be served in conformance with |
20 | | subsection (d)(8). |
21 | | (H) Implementation of Order. An order to |
22 | | immediately seal records shall be implemented in |
23 | | conformance with subsections (d)(9)(C) and (d)(9)(D). |
24 | | (I) Fees. The fee imposed by the circuit court |
25 | | clerk and the Department of State Police shall comply |
26 | | with paragraph (1) of subsection (d) of this Section. |
|
| | SB1557 Enrolled | - 46 - | LRB101 08168 SMS 53234 b |
|
|
1 | | (J) Final Order. No court order issued under this |
2 | | subsection (g) shall become final for purposes of |
3 | | appeal until 30 days after service of the order on the |
4 | | petitioner and all parties entitled to service of the |
5 | | order in conformance with subsection (d)(8). |
6 | | (K) Motion to Vacate, Modify, or Reconsider. Under |
7 | | Section 2-1203 of the Code of Civil Procedure, the |
8 | | petitioner, State's Attorney, or the Department of |
9 | | State Police may file a motion to vacate, modify, or |
10 | | reconsider the order denying the petition to |
11 | | immediately seal within 60 days of service of the |
12 | | order. If filed more than 60 days after service of the |
13 | | order, a petition to vacate, modify, or reconsider |
14 | | shall comply with subsection (c) of Section 2-1401 of |
15 | | the Code of Civil Procedure. |
16 | | (L) Effect of Order. An order granting an immediate |
17 | | sealing petition shall not be considered void because |
18 | | it fails to comply with the provisions of this Section |
19 | | or because of an error asserted in a motion to vacate, |
20 | | modify, or reconsider. The circuit court retains |
21 | | jurisdiction to determine whether the order is |
22 | | voidable, and to vacate, modify, or reconsider its |
23 | | terms based on a motion filed under subparagraph (L) of |
24 | | this subsection (g). |
25 | | (M) Compliance with Order Granting Petition to |
26 | | Seal Records. Unless a court has entered a stay of an |
|
| | SB1557 Enrolled | - 47 - | LRB101 08168 SMS 53234 b |
|
|
1 | | order granting a petition to immediately seal, all |
2 | | parties entitled to service of the order must fully |
3 | | comply with the terms of the order within 60 days of |
4 | | service of the order. |
5 | | (h) Sealing; trafficking victims. |
6 | | (1) A trafficking victim as defined by paragraph (10) |
7 | | of subsection (a) of Section 10-9 of the Criminal Code of |
8 | | 2012 shall be eligible to petition for immediate sealing of |
9 | | his or her criminal record upon the completion of his or |
10 | | her last sentence if his or her participation in the |
11 | | underlying offense was a direct result of human trafficking |
12 | | under Section 10-9 of the Criminal Code of 2012 or a severe |
13 | | form of trafficking under the federal Trafficking Victims |
14 | | Protection Act. |
15 | | (2) A petitioner under this subsection (h), in addition |
16 | | to the requirements provided under paragraph (4) of |
17 | | subsection (d) of this Section, shall include in his or her |
18 | | petition a clear and concise statement that: (A) he or she |
19 | | was a victim of human trafficking at the time of the |
20 | | offense; and (B) that his or her participation in the |
21 | | offense was a direct result of human trafficking under |
22 | | Section 10-9 of the Criminal Code of 2012 or a severe form |
23 | | of trafficking under the federal Trafficking Victims |
24 | | Protection Act. |
25 | | (3) If an objection is filed alleging that the |
26 | | petitioner is not entitled to immediate sealing under this |
|
| | SB1557 Enrolled | - 48 - | LRB101 08168 SMS 53234 b |
|
|
1 | | subsection (h), the court shall conduct a hearing under |
2 | | paragraph (7) of subsection (d) of this Section and the |
3 | | court shall determine whether the petitioner is entitled to |
4 | | immediate sealing under this subsection (h). A petitioner |
5 | | is eligible for immediate relief under this subsection (h) |
6 | | if he or she shows, by a preponderance of the evidence, |
7 | | that: (A) he or she was a victim of human trafficking at |
8 | | the time of the offense; and (B) that his or her |
9 | | participation in the offense was a direct result of human |
10 | | trafficking under Section 10-9 of the Criminal Code of 2012 |
11 | | or a severe form of trafficking under the federal |
12 | | Trafficking Victims Protection Act. |
13 | | (i) Minor Cannabis Offenses under the Cannabis Control Act. |
14 | | (1) Expungement of Arrest Records of Minor Cannabis |
15 | | Offenses. |
16 | | (A) The Department of State Police and all law |
17 | | enforcement agencies within the State shall |
18 | | automatically expunge all criminal history records of |
19 | | an arrest, charge not initiated by arrest, order of |
20 | | supervision, or order of qualified probation for a |
21 | | Minor Cannabis Offense committed prior to June 25, 2019 |
22 | | ( the effective date of Public Act 101-27) this |
23 | | amendatory Act of the 101st General Assembly if: |
24 | | (i) One year or more has elapsed since the date |
25 | | of the arrest or law enforcement interaction |
26 | | documented in the records; and |
|
| | SB1557 Enrolled | - 49 - | LRB101 08168 SMS 53234 b |
|
|
1 | | (ii) No criminal charges were filed relating |
2 | | to the arrest or law enforcement interaction or |
3 | | criminal charges were filed and subsequently |
4 | | dismissed or vacated or the arrestee was |
5 | | acquitted. |
6 | | (B) If the law enforcement agency is unable to |
7 | | verify satisfaction of condition (ii) in paragraph |
8 | | (A), records that satisfy condition (i) in paragraph |
9 | | (A) shall be automatically expunged. |
10 | | (C) Records shall be expunged by the law |
11 | | enforcement agency pursuant to the procedures set |
12 | | forth in subdivision (d)(9)(A) under the following |
13 | | timelines: |
14 | | (i) Records created prior to June 25, 2019 ( the |
15 | | effective date of Public Act 101-27) this |
16 | | amendatory Act of the 101st General Assembly , but |
17 | | on or after January 1, 2013, shall be automatically |
18 | | expunged prior to January 1, 2021; |
19 | | (ii) Records created prior to January 1, 2013, |
20 | | but on or after January 1, 2000, shall be |
21 | | automatically expunged prior to January 1, 2023; |
22 | | (iii) Records created prior to January 1, 2000 |
23 | | shall be automatically expunged prior to January |
24 | | 1, 2025. |
25 | | In response to an inquiry for expunged records, the |
26 | | law enforcement agency receiving such inquiry shall |
|
| | SB1557 Enrolled | - 50 - | LRB101 08168 SMS 53234 b |
|
|
1 | | reply as it does in response to inquiries when no |
2 | | records ever existed; however, it shall provide a |
3 | | certificate of disposition or confirmation that the |
4 | | record was expunged to the individual whose record was |
5 | | expunged if such a record exists. |
6 | | (D) Nothing in this Section shall be construed to |
7 | | restrict or modify an individual's right to have that |
8 | | individual's records expunged except as otherwise may |
9 | | be provided in this Act, or diminish or abrogate any |
10 | | rights or remedies otherwise available to the |
11 | | individual. |
12 | | (2) Pardons Authorizing Expungement of Minor Cannabis |
13 | | Offenses. |
14 | | (A) Upon June 25, 2019 ( the effective date of |
15 | | Public Act 101-27) this amendatory Act of the 101st |
16 | | General Assembly , the Department of State Police shall |
17 | | review all criminal history record information and |
18 | | identify all records that meet all of the following |
19 | | criteria: |
20 | | (i) one or more convictions for a Minor |
21 | | Cannabis Offense; |
22 | | (ii) the conviction identified in paragraph |
23 | | (2)(A)(i) did not include a penalty enhancement |
24 | | under Section 7 of the Cannabis Control Act; and |
25 | | (iii) the conviction identified in paragraph |
26 | | (2)(A)(i) is not associated with a an arrest, |
|
| | SB1557 Enrolled | - 51 - | LRB101 08168 SMS 53234 b |
|
|
1 | | conviction or other disposition for a violent |
2 | | crime as defined in subsection (c) of Section 3 of |
3 | | the Rights of Crime Victims and Witnesses Act. |
4 | | (B) Within 180 days after June 25, 2019 ( the |
5 | | effective date of Public Act 101-27) this amendatory |
6 | | Act of the 101st General Assembly , the Department of |
7 | | State Police shall notify the Prisoner Review Board of |
8 | | all such records that meet the criteria established in |
9 | | paragraph (2)(A). |
10 | | (i) The Prisoner Review Board shall notify the |
11 | | State's Attorney of the county of conviction of |
12 | | each record identified by State Police in |
13 | | paragraph (2)(A) that is classified as a Class 4 |
14 | | felony. The State's Attorney may provide a written |
15 | | objection to the Prisoner Review Board on the sole |
16 | | basis that the record identified does not meet the |
17 | | criteria established in paragraph (2)(A). Such an |
18 | | objection must be filed within 60 days or by such |
19 | | later date set by Prisoner Review Board in the |
20 | | notice after the State's Attorney received notice |
21 | | from the Prisoner Review Board. |
22 | | (ii) In response to a written objection from a |
23 | | State's Attorney, the Prisoner Review Board is |
24 | | authorized to conduct a non-public hearing to |
25 | | evaluate the information provided in the |
26 | | objection. |
|
| | SB1557 Enrolled | - 52 - | LRB101 08168 SMS 53234 b |
|
|
1 | | (iii) The Prisoner Review Board shall make a |
2 | | confidential and privileged recommendation to the |
3 | | Governor as to whether to grant a pardon |
4 | | authorizing expungement for each of the records |
5 | | identified by the Department of State Police as |
6 | | described in paragraph (2)(A). |
7 | | (C) If an individual has been granted a pardon |
8 | | authorizing expungement as described in this Section, |
9 | | the Prisoner Review Board, through the Attorney |
10 | | General, shall file a petition for expungement with the |
11 | | Chief Judge of the circuit or any judge of the circuit |
12 | | designated by the Chief Judge where the individual had |
13 | | been convicted. Such petition may include more than one |
14 | | individual. Whenever an individual who has been |
15 | | convicted of an offense is granted a pardon by the |
16 | | Governor that specifically authorizes expungement, an |
17 | | objection to the petition may not be filed. Petitions |
18 | | to expunge under this subsection (i) may include more |
19 | | than one individual. Within 90 days of the filing of |
20 | | such a petition, the court shall enter an order |
21 | | expunging the records of arrest from the official |
22 | | records of the arresting authority and order that the |
23 | | records of the circuit court clerk and the Department |
24 | | of State Police be expunged and the name of the |
25 | | defendant obliterated from the official index |
26 | | requested to be kept by the circuit court clerk under |
|
| | SB1557 Enrolled | - 53 - | LRB101 08168 SMS 53234 b |
|
|
1 | | Section 16 of the Clerks of Courts Act in connection |
2 | | with the arrest and conviction for the offense for |
3 | | which the individual had received a pardon but the |
4 | | order shall not affect any index issued by the circuit |
5 | | court clerk before the entry of the order. Upon entry |
6 | | of the order of expungement, the circuit court clerk |
7 | | shall promptly provide a copy of the order and a |
8 | | certificate of disposition to the individual who was |
9 | | pardoned to the individual's last known address or by |
10 | | electronic means (if available) or otherwise make it |
11 | | available to the individual who was pardoned to the |
12 | | individual's last known address or otherwise make |
13 | | available to the individual upon request. |
14 | | (D) Nothing in this Section is intended to diminish |
15 | | or abrogate any rights or remedies otherwise available |
16 | | to the individual. |
17 | | (3) Any individual may file a motion to vacate and |
18 | | expunge a conviction for a misdemeanor or Class 4 felony |
19 | | violation of Section 4 or Section 5 of the Cannabis Control |
20 | | Act. Motions to vacate and expunge under this subsection |
21 | | (i) may be filed with the circuit court, Chief Judge of a |
22 | | judicial circuit or any judge of the circuit designated by |
23 | | the Chief Judge. The circuit court clerk shall promptly |
24 | | serve a copy of the motion to vacate and expunge, and any |
25 | | supporting documentation, on the State's Attorney or |
26 | | prosecutor charged with the duty of prosecuting the |
|
| | SB1557 Enrolled | - 54 - | LRB101 08168 SMS 53234 b |
|
|
1 | | offense. When considering such a motion to vacate and |
2 | | expunge, a court shall consider the following: the reasons |
3 | | to retain the records provided by law enforcement, the |
4 | | petitioner's age, the petitioner's age at the time of |
5 | | offense, the time since the conviction, and the specific |
6 | | adverse consequences if denied. An individual may file such |
7 | | a petition after the completion of any non-financial |
8 | | sentence or non-financial condition imposed by the |
9 | | conviction. Within 60 days of the filing of such motion, a |
10 | | State's Attorney may file an objection to such a petition |
11 | | along with supporting evidence. If a motion to vacate and |
12 | | expunge is granted, the records shall be expunged in |
13 | | accordance with subparagraphs (d)(8) and sentence or |
14 | | condition imposed by the conviction. Within 60 days of the |
15 | | filing of such motion, a State's Attorney may file an |
16 | | objection to such a petition along with supporting |
17 | | evidence. If a motion to vacate and expunge is granted, the |
18 | | records shall be expunged in accordance with subparagraph |
19 | | (d)(9)(A) of this Section. An agency providing civil legal |
20 | | aid, as defined by Section 15 of the Public Interest |
21 | | Attorney Assistance Act, assisting individuals seeking to |
22 | | file a motion to vacate and expunge under this subsection |
23 | | may file motions to vacate and expunge with the Chief Judge |
24 | | of a judicial circuit or any judge of the circuit |
25 | | designated by the Chief Judge, and the motion may include |
26 | | more than one individual. Motions filed by an agency |
|
| | SB1557 Enrolled | - 55 - | LRB101 08168 SMS 53234 b |
|
|
1 | | providing civil legal aid concerning more than one |
2 | | individual may be prepared, presented, and signed |
3 | | electronically. |
4 | | (4) Any State's Attorney may file a motion to vacate |
5 | | and expunge a conviction for a misdemeanor or Class 4 |
6 | | felony violation of Section 4 or Section 5 of the Cannabis |
7 | | Control Act. Motions to vacate and expunge under this |
8 | | subsection (i) may be filed with the circuit court, Chief |
9 | | Judge of a judicial circuit or any judge of the circuit |
10 | | designated by the Chief Judge, and may include more than |
11 | | one individual. Motions filed by a State's Attorney |
12 | | concerning more than one individual may be prepared, |
13 | | presented, and signed electronically. When considering |
14 | | such a motion to vacate and expunge, a court shall consider |
15 | | the following: the reasons to retain the records provided |
16 | | by law enforcement, the individual's age, the individual's |
17 | | age at the time of offense, the time since the conviction, |
18 | | and the specific adverse consequences if denied. Upon entry |
19 | | of an order granting a motion to vacate and expunge records |
20 | | pursuant to this Section, the State's Attorney shall notify |
21 | | the Prisoner Review Board within 30 days. Upon entry of the |
22 | | order of expungement, the circuit court clerk shall |
23 | | promptly provide a copy of the order and a certificate of |
24 | | disposition to the individual whose records will be |
25 | | expunged to the individual's last known address or by |
26 | | electronic means (if available) or otherwise make |
|
| | SB1557 Enrolled | - 56 - | LRB101 08168 SMS 53234 b |
|
|
1 | | available to the individual upon request. If a motion to |
2 | | vacate and expunge is granted, the records shall be |
3 | | expunged in accordance with subparagraphs (d)(8) and |
4 | | (d)(9)(A) of this Section. If the State's Attorney files a |
5 | | motion to vacate and expunge records for Minor Cannabis |
6 | | Offenses pursuant to this Section, the State's Attorney |
7 | | shall notify the Prisoner Review Board within 30 days of |
8 | | such filing. If a motion to vacate and expunge is granted, |
9 | | the records shall be expunged in accordance with |
10 | | subparagraph (d)(9)(A) of this Section. |
11 | | (5) In the public interest, the State's Attorney of a |
12 | | county has standing to file motions to vacate and expunge |
13 | | pursuant to this Section in the circuit court with |
14 | | jurisdiction over the underlying conviction. |
15 | | (6) If a person is arrested for a Minor Cannabis |
16 | | Offense as defined in this Section before June 25, 2019 |
17 | | ( the effective date of Public Act 101-27) this amendatory |
18 | | Act of the 101st General Assembly and the person's case is |
19 | | still pending but a sentence has not been imposed, the |
20 | | person may petition the court in which the charges are |
21 | | pending for an order to summarily dismiss those charges |
22 | | against him or her, and expunge all official records of his |
23 | | or her arrest, plea, trial, conviction, incarceration, |
24 | | supervision, or expungement. If the court determines, upon |
25 | | review, that:
(A) the person was arrested before June 25, |
26 | | 2019 ( the effective date of Public Act 101-27) this |
|
| | SB1557 Enrolled | - 57 - | LRB101 08168 SMS 53234 b |
|
|
1 | | amendatory Act of the 101st General Assembly for an offense |
2 | | that has been made eligible for expungement;
(B) the case |
3 | | is pending at the time; and
(C) the person has not been |
4 | | sentenced of the minor cannabis violation eligible for |
5 | | expungement under this subsection, the court shall |
6 | | consider the following: the reasons to retain the records |
7 | | provided by law enforcement, the petitioner's age, the |
8 | | petitioner's age at the time of offense, the time since the |
9 | | conviction, and the specific adverse consequences if |
10 | | denied. If a motion to dismiss and expunge is granted, the |
11 | | records shall be expunged in accordance with subparagraph |
12 | | (d)(9)(A) of this Section. |
13 | | (7) A person imprisoned solely as a result of one or |
14 | | more convictions for Minor Cannabis Offenses under this |
15 | | subsection (i) shall be released from incarceration upon |
16 | | the issuance of an order under this subsection. |
17 | | (8) The Department of State Police shall allow a person |
18 | | to use the access and review process, established in the |
19 | | Department of State Police, for verifying that his or her |
20 | | records relating to Minor Cannabis Offenses of the Cannabis |
21 | | Control Act eligible under this Section have been expunged. |
22 | | (9) No conviction vacated pursuant to this Section |
23 | | shall serve as the basis for damages for time unjustly |
24 | | served as provided in the Court of Claims Act. |
25 | | (10) Effect of Expungement. A person's right to expunge |
26 | | an expungeable offense shall not be limited under this |
|
| | SB1557 Enrolled | - 58 - | LRB101 08168 SMS 53234 b |
|
|
1 | | Section. The effect of an order of expungement shall be to |
2 | | restore the person to the status he or she occupied before |
3 | | the arrest, charge, or conviction. |
4 | | (11) Information. The Department of State Police shall |
5 | | post general information on its website about the |
6 | | expungement process described in this subsection (i). |
7 | | (Source: P.A. 100-201, eff. 8-18-17; 100-282, eff. 1-1-18; |
8 | | 100-284, eff. 8-24-17; 100-287, eff. 8-24-17; 100-692, eff. |
9 | | 8-3-18; 100-759, eff. 1-1-19; 100-776, eff. 8-10-18; 100-863, |
10 | | eff. 8-14-18; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; |
11 | | 101-159, eff. 1-1-20; 101-306, eff. 8-9-19; revised 9-25-19.)
|
12 | | Section 6. The Use Tax Act is amended by changing Section |
13 | | 3-10 as follows:
|
14 | | (35 ILCS 105/3-10)
|
15 | | Sec. 3-10. Rate of tax. Unless otherwise provided in this |
16 | | Section, the tax
imposed by this Act is at the rate of 6.25% of |
17 | | either the selling price or the
fair market value, if any, of |
18 | | the tangible personal property. In all cases
where property |
19 | | functionally used or consumed is the same as the property that
|
20 | | was purchased at retail, then the tax is imposed on the selling |
21 | | price of the
property. In all cases where property functionally |
22 | | used or consumed is a
by-product or waste product that has been |
23 | | refined, manufactured, or produced
from property purchased at |
24 | | retail, then the tax is imposed on the lower of the
fair market |
|
| | SB1557 Enrolled | - 59 - | LRB101 08168 SMS 53234 b |
|
|
1 | | value, if any, of the specific property so used in this State |
2 | | or on
the selling price of the property purchased at retail. |
3 | | For purposes of this
Section "fair market value" means the |
4 | | price at which property would change
hands between a willing |
5 | | buyer and a willing seller, neither being under any
compulsion |
6 | | to buy or sell and both having reasonable knowledge of the
|
7 | | relevant facts. The fair market value shall be established by |
8 | | Illinois sales by
the taxpayer of the same property as that |
9 | | functionally used or consumed, or if
there are no such sales by |
10 | | the taxpayer, then comparable sales or purchases of
property of |
11 | | like kind and character in Illinois.
|
12 | | Beginning on July 1, 2000 and through December 31, 2000, |
13 | | with respect to
motor fuel, as defined in Section 1.1 of the |
14 | | Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of |
15 | | the Use Tax Act, the tax is
imposed at the rate of 1.25%.
|
16 | | Beginning on August 6, 2010 through August 15, 2010, with |
17 | | respect to sales tax holiday items as defined in Section 3-6 of |
18 | | this Act, the
tax is imposed at the rate of 1.25%. |
19 | | With respect to gasohol, the tax imposed by this Act |
20 | | applies to (i) 70%
of the proceeds of sales made on or after |
21 | | January 1, 1990, and before
July 1, 2003, (ii) 80% of the |
22 | | proceeds of sales made
on or after July 1, 2003 and on or |
23 | | before July 1, 2017, and (iii) 100% of the proceeds of sales |
24 | | made
thereafter.
If, at any time, however, the tax under this |
25 | | Act on sales of gasohol is
imposed at the
rate of 1.25%, then |
26 | | the tax imposed by this Act applies to 100% of the proceeds
of |
|
| | SB1557 Enrolled | - 60 - | LRB101 08168 SMS 53234 b |
|
|
1 | | sales of gasohol made during that time.
|
2 | | With respect to majority blended ethanol fuel, the tax |
3 | | imposed by this Act
does
not apply
to the proceeds of sales |
4 | | made on or after July 1, 2003 and on or before
December 31, |
5 | | 2023 but applies to 100% of the proceeds of sales made |
6 | | thereafter.
|
7 | | With respect to biodiesel blends with no less than 1% and |
8 | | no more than 10%
biodiesel, the tax imposed by this Act applies |
9 | | to (i) 80% of the
proceeds of sales made on or after July 1, |
10 | | 2003 and on or before December 31, 2018
and (ii) 100% of the |
11 | | proceeds of sales made
thereafter.
If, at any time, however, |
12 | | the tax under this Act on sales of biodiesel blends
with no |
13 | | less than 1% and no more than 10% biodiesel
is imposed at the |
14 | | rate of
1.25%, then the
tax imposed by this Act applies to 100% |
15 | | of the proceeds of sales of biodiesel
blends with no less than |
16 | | 1% and no more than 10% biodiesel
made
during that time.
|
17 | | With respect to 100% biodiesel and biodiesel blends with |
18 | | more than 10%
but no more than 99% biodiesel, the tax imposed |
19 | | by this Act does not apply to
the
proceeds of sales made on or |
20 | | after July 1, 2003 and on or before
December 31, 2023 but |
21 | | applies to 100% of the proceeds of sales made
thereafter.
|
22 | | With respect to food for human consumption that is to be |
23 | | consumed off the
premises where it is sold (other than |
24 | | alcoholic beverages, food consisting of or infused with adult |
25 | | use cannabis, soft drinks, and
food that has been prepared for |
26 | | immediate consumption) and prescription and
nonprescription |
|
| | SB1557 Enrolled | - 61 - | LRB101 08168 SMS 53234 b |
|
|
1 | | medicines, drugs, medical appliances, products classified as |
2 | | Class III medical devices by the United States Food and Drug |
3 | | Administration that are used for cancer treatment pursuant to a |
4 | | prescription, as well as any accessories and components related |
5 | | to those devices, modifications to a motor
vehicle for the |
6 | | purpose of rendering it usable by a person with a disability, |
7 | | and
insulin, urine testing materials, syringes, and needles |
8 | | used by diabetics, for
human use, the tax is imposed at the |
9 | | rate of 1%. For the purposes of this
Section, until September |
10 | | 1, 2009: the term "soft drinks" means any complete, finished, |
11 | | ready-to-use,
non-alcoholic drink, whether carbonated or not, |
12 | | including but not limited to
soda water, cola, fruit juice, |
13 | | vegetable juice, carbonated water, and all other
preparations |
14 | | commonly known as soft drinks of whatever kind or description |
15 | | that
are contained in any closed or sealed bottle, can, carton, |
16 | | or container,
regardless of size; but "soft drinks" does not |
17 | | include coffee, tea, non-carbonated
water, infant formula, |
18 | | milk or milk products as defined in the Grade A
Pasteurized |
19 | | Milk and Milk Products Act, or drinks containing 50% or more
|
20 | | natural fruit or vegetable juice.
|
21 | | Notwithstanding any other provisions of this
Act, |
22 | | beginning September 1, 2009, "soft drinks" means non-alcoholic |
23 | | beverages that contain natural or artificial sweeteners. "Soft |
24 | | drinks" do not include beverages that contain milk or milk |
25 | | products, soy, rice or similar milk substitutes, or greater |
26 | | than 50% of vegetable or fruit juice by volume. |
|
| | SB1557 Enrolled | - 62 - | LRB101 08168 SMS 53234 b |
|
|
1 | | Until August 1, 2009, and notwithstanding any other |
2 | | provisions of this
Act, "food for human consumption that is to |
3 | | be consumed off the premises where
it is sold" includes all |
4 | | food sold through a vending machine, except soft
drinks and |
5 | | food products that are dispensed hot from a vending machine,
|
6 | | regardless of the location of the vending machine. Beginning |
7 | | August 1, 2009, and notwithstanding any other provisions of |
8 | | this Act, "food for human consumption that is to be consumed |
9 | | off the premises where it is sold" includes all food sold |
10 | | through a vending machine, except soft drinks, candy, and food |
11 | | products that are dispensed hot from a vending machine, |
12 | | regardless of the location of the vending machine.
|
13 | | Notwithstanding any other provisions of this
Act, |
14 | | beginning September 1, 2009, "food for human consumption that |
15 | | is to be consumed off the premises where
it is sold" does not |
16 | | include candy. For purposes of this Section, "candy" means a |
17 | | preparation of sugar, honey, or other natural or artificial |
18 | | sweeteners in combination with chocolate, fruits, nuts or other |
19 | | ingredients or flavorings in the form of bars, drops, or |
20 | | pieces. "Candy" does not include any preparation that contains |
21 | | flour or requires refrigeration. |
22 | | Notwithstanding any other provisions of this
Act, |
23 | | beginning September 1, 2009, "nonprescription medicines and |
24 | | drugs" does not include grooming and hygiene products. For |
25 | | purposes of this Section, "grooming and hygiene products" |
26 | | includes, but is not limited to, soaps and cleaning solutions, |
|
| | SB1557 Enrolled | - 63 - | LRB101 08168 SMS 53234 b |
|
|
1 | | shampoo, toothpaste, mouthwash, antiperspirants, and sun tan |
2 | | lotions and screens, unless those products are available by |
3 | | prescription only, regardless of whether the products meet the |
4 | | definition of "over-the-counter-drugs". For the purposes of |
5 | | this paragraph, "over-the-counter-drug" means a drug for human |
6 | | use that contains a label that identifies the product as a drug |
7 | | as required by 21 C.F.R. § 201.66. The "over-the-counter-drug" |
8 | | label includes: |
9 | | (A) A "Drug Facts" panel; or |
10 | | (B) A statement of the "active ingredient(s)" with a |
11 | | list of those ingredients contained in the compound, |
12 | | substance or preparation. |
13 | | Beginning on the effective date of this amendatory Act of |
14 | | the 98th General Assembly, "prescription and nonprescription |
15 | | medicines and drugs" includes medical cannabis purchased from a |
16 | | registered dispensing organization under the Compassionate Use |
17 | | of Medical Cannabis Program Act. |
18 | | As used in this Section, "adult use cannabis" means |
19 | | cannabis subject to tax under the Cannabis Cultivation |
20 | | Privilege Tax Law and the Cannabis Purchaser Excise Tax Law and |
21 | | does not include cannabis subject to tax under the |
22 | | Compassionate Use of Medical Cannabis Program Act. |
23 | | If the property that is purchased at retail from a retailer |
24 | | is acquired
outside Illinois and used outside Illinois before |
25 | | being brought to Illinois
for use here and is taxable under |
26 | | this Act, the "selling price" on which
the tax is computed |
|
| | SB1557 Enrolled | - 64 - | LRB101 08168 SMS 53234 b |
|
|
1 | | shall be reduced by an amount that represents a
reasonable |
2 | | allowance for depreciation for the period of prior out-of-state |
3 | | use.
|
4 | | (Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19.)
|
5 | | Section 7. The Service Use Tax Act is amended by changing |
6 | | Section 3-10 as follows:
|
7 | | (35 ILCS 110/3-10) (from Ch. 120, par. 439.33-10)
|
8 | | Sec. 3-10. Rate of tax. Unless otherwise provided in this |
9 | | Section,
the tax imposed by this Act is at the rate of 6.25% of |
10 | | the selling
price of tangible personal property transferred as |
11 | | an incident to the sale
of service, but, for the purpose of |
12 | | computing this tax, in no event shall
the selling price be less |
13 | | than the cost price of the property to the
serviceman.
|
14 | | Beginning on July 1, 2000 and through December 31, 2000, |
15 | | with respect to
motor fuel, as defined in Section 1.1 of the |
16 | | Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of |
17 | | the Use Tax Act, the tax is
imposed at
the rate of 1.25%.
|
18 | | With respect to gasohol, as defined in the Use Tax Act, the |
19 | | tax imposed
by this Act applies to (i) 70% of the selling price |
20 | | of property transferred
as an incident to the sale of service |
21 | | on or after January 1, 1990,
and before July 1, 2003, (ii) 80% |
22 | | of the selling price of
property transferred as an incident to |
23 | | the sale of service on or after July
1, 2003 and on or before |
24 | | July 1, 2017, and (iii)
100% of the selling price thereafter.
|
|
| | SB1557 Enrolled | - 65 - | LRB101 08168 SMS 53234 b |
|
|
1 | | If, at any time, however, the tax under this Act on sales of |
2 | | gasohol, as
defined in
the Use Tax Act, is imposed at the rate |
3 | | of 1.25%, then the
tax imposed by this Act applies to 100% of |
4 | | the proceeds of sales of gasohol
made during that time.
|
5 | | With respect to majority blended ethanol fuel, as defined |
6 | | in the Use Tax Act,
the
tax
imposed by this Act does not apply |
7 | | to the selling price of property transferred
as an incident to |
8 | | the sale of service on or after July 1, 2003 and on or before
|
9 | | December 31, 2023 but applies to 100% of the selling price |
10 | | thereafter.
|
11 | | With respect to biodiesel blends, as defined in the Use Tax |
12 | | Act, with no less
than 1% and no
more than 10% biodiesel, the |
13 | | tax imposed by this Act
applies to (i) 80% of the selling price |
14 | | of property transferred as an incident
to the sale of service |
15 | | on or after July 1, 2003 and on or before December 31, 2018
and |
16 | | (ii) 100% of the proceeds of the selling price
thereafter.
If, |
17 | | at any time, however, the tax under this Act on sales of |
18 | | biodiesel blends,
as
defined in the Use Tax Act, with no less |
19 | | than 1% and no more than 10% biodiesel
is imposed at the rate |
20 | | of 1.25%, then the
tax imposed by this Act applies to 100% of |
21 | | the proceeds of sales of biodiesel
blends with no less than 1% |
22 | | and no more than 10% biodiesel
made
during that time.
|
23 | | With respect to 100% biodiesel, as defined in the Use Tax |
24 | | Act, and biodiesel
blends, as defined in the Use Tax Act, with
|
25 | | more than 10% but no more than 99% biodiesel, the tax imposed |
26 | | by this Act
does not apply to the proceeds of the selling price |
|
| | SB1557 Enrolled | - 66 - | LRB101 08168 SMS 53234 b |
|
|
1 | | of property transferred
as an incident to the sale of service |
2 | | on or after July 1, 2003 and on or before
December 31, 2023 but |
3 | | applies to 100% of the selling price thereafter.
|
4 | | At the election of any registered serviceman made for each |
5 | | fiscal year,
sales of service in which the aggregate annual |
6 | | cost price of tangible
personal property transferred as an |
7 | | incident to the sales of service is
less than 35%, or 75% in |
8 | | the case of servicemen transferring prescription
drugs or |
9 | | servicemen engaged in graphic arts production, of the aggregate
|
10 | | annual total gross receipts from all sales of service, the tax |
11 | | imposed by
this Act shall be based on the serviceman's cost |
12 | | price of the tangible
personal property transferred as an |
13 | | incident to the sale of those services.
|
14 | | The tax shall be imposed at the rate of 1% on food prepared |
15 | | for
immediate consumption and transferred incident to a sale of |
16 | | service subject
to this Act or the Service Occupation Tax Act |
17 | | by an entity licensed under
the Hospital Licensing Act, the |
18 | | Nursing Home Care Act, the ID/DD Community Care Act, the MC/DD |
19 | | Act, the Specialized Mental Health Rehabilitation Act of 2013, |
20 | | or the
Child Care
Act of 1969. The tax shall
also be imposed at |
21 | | the rate of 1% on food for human consumption that is to be
|
22 | | consumed off the premises where it is sold (other than |
23 | | alcoholic beverages, food consisting of or infused with adult |
24 | | use cannabis,
soft drinks, and food that has been prepared for |
25 | | immediate consumption and is
not otherwise included in this |
26 | | paragraph) and prescription and nonprescription
medicines, |
|
| | SB1557 Enrolled | - 67 - | LRB101 08168 SMS 53234 b |
|
|
1 | | drugs, medical appliances, products classified as Class III |
2 | | medical devices by the United States Food and Drug |
3 | | Administration that are used for cancer treatment pursuant to a |
4 | | prescription, as well as any accessories and components related |
5 | | to those devices, modifications to a motor vehicle for the
|
6 | | purpose of rendering it usable by a person with a disability, |
7 | | and insulin, urine testing
materials,
syringes, and needles |
8 | | used by diabetics, for
human use. For the purposes of this |
9 | | Section, until September 1, 2009: the term "soft drinks" means |
10 | | any
complete, finished, ready-to-use, non-alcoholic drink, |
11 | | whether carbonated or
not, including but not limited to soda |
12 | | water, cola, fruit juice, vegetable
juice, carbonated water, |
13 | | and all other preparations commonly known as soft
drinks of |
14 | | whatever kind or description that are contained in any closed |
15 | | or
sealed bottle, can, carton, or container, regardless of |
16 | | size; but "soft drinks"
does not include coffee, tea, |
17 | | non-carbonated water, infant formula, milk or
milk products as |
18 | | defined in the Grade A Pasteurized Milk and Milk Products Act,
|
19 | | or drinks containing 50% or more natural fruit or vegetable |
20 | | juice.
|
21 | | Notwithstanding any other provisions of this
Act, |
22 | | beginning September 1, 2009, "soft drinks" means non-alcoholic |
23 | | beverages that contain natural or artificial sweeteners. "Soft |
24 | | drinks" do not include beverages that contain milk or milk |
25 | | products, soy, rice or similar milk substitutes, or greater |
26 | | than 50% of vegetable or fruit juice by volume. |
|
| | SB1557 Enrolled | - 68 - | LRB101 08168 SMS 53234 b |
|
|
1 | | Until August 1, 2009, and notwithstanding any other |
2 | | provisions of this Act, "food for human
consumption that is to |
3 | | be consumed off the premises where it is sold" includes
all |
4 | | food sold through a vending machine, except soft drinks and |
5 | | food products
that are dispensed hot from a vending machine, |
6 | | regardless of the location of
the vending machine. Beginning |
7 | | August 1, 2009, and notwithstanding any other provisions of |
8 | | this Act, "food for human consumption that is to be consumed |
9 | | off the premises where it is sold" includes all food sold |
10 | | through a vending machine, except soft drinks, candy, and food |
11 | | products that are dispensed hot from a vending machine, |
12 | | regardless of the location of the vending machine.
|
13 | | Notwithstanding any other provisions of this
Act, |
14 | | beginning September 1, 2009, "food for human consumption that |
15 | | is to be consumed off the premises where
it is sold" does not |
16 | | include candy. For purposes of this Section, "candy" means a |
17 | | preparation of sugar, honey, or other natural or artificial |
18 | | sweeteners in combination with chocolate, fruits, nuts or other |
19 | | ingredients or flavorings in the form of bars, drops, or |
20 | | pieces. "Candy" does not include any preparation that contains |
21 | | flour or requires refrigeration. |
22 | | Notwithstanding any other provisions of this
Act, |
23 | | beginning September 1, 2009, "nonprescription medicines and |
24 | | drugs" does not include grooming and hygiene products. For |
25 | | purposes of this Section, "grooming and hygiene products" |
26 | | includes, but is not limited to, soaps and cleaning solutions, |
|
| | SB1557 Enrolled | - 69 - | LRB101 08168 SMS 53234 b |
|
|
1 | | shampoo, toothpaste, mouthwash, antiperspirants, and sun tan |
2 | | lotions and screens, unless those products are available by |
3 | | prescription only, regardless of whether the products meet the |
4 | | definition of "over-the-counter-drugs". For the purposes of |
5 | | this paragraph, "over-the-counter-drug" means a drug for human |
6 | | use that contains a label that identifies the product as a drug |
7 | | as required by 21 C.F.R. § 201.66. The "over-the-counter-drug" |
8 | | label includes: |
9 | | (A) A "Drug Facts" panel; or |
10 | | (B) A statement of the "active ingredient(s)" with a |
11 | | list of those ingredients contained in the compound, |
12 | | substance or preparation. |
13 | | Beginning on January 1, 2014 (the effective date of Public |
14 | | Act 98-122), "prescription and nonprescription medicines and |
15 | | drugs" includes medical cannabis purchased from a registered |
16 | | dispensing organization under the Compassionate Use of Medical |
17 | | Cannabis Program Act. |
18 | | As used in this Section, "adult use cannabis" means |
19 | | cannabis subject to tax under the Cannabis Cultivation |
20 | | Privilege Tax Law and the Cannabis Purchaser Excise Tax Law and |
21 | | does not include cannabis subject to tax under the |
22 | | Compassionate Use of Medical Cannabis Program Act. |
23 | | If the property that is acquired from a serviceman is |
24 | | acquired outside
Illinois and used outside Illinois before |
25 | | being brought to Illinois for use
here and is taxable under |
26 | | this Act, the "selling price" on which the tax
is computed |
|
| | SB1557 Enrolled | - 70 - | LRB101 08168 SMS 53234 b |
|
|
1 | | shall be reduced by an amount that represents a reasonable
|
2 | | allowance for depreciation for the period of prior out-of-state |
3 | | use.
|
4 | | (Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19.) |
5 | | Section 8. The Service Occupation Tax Act is amended by |
6 | | changing Section 3-10 as follows:
|
7 | | (35 ILCS 115/3-10) (from Ch. 120, par. 439.103-10)
|
8 | | Sec. 3-10. Rate of tax. Unless otherwise provided in this |
9 | | Section,
the tax imposed by this Act is at the rate of 6.25% of |
10 | | the "selling price",
as defined in Section 2 of the Service Use |
11 | | Tax Act, of the tangible
personal property. For the purpose of |
12 | | computing this tax, in no event
shall the "selling price" be |
13 | | less than the cost price to the serviceman of
the tangible |
14 | | personal property transferred. The selling price of each item
|
15 | | of tangible personal property transferred as an incident of a |
16 | | sale of
service may be shown as a distinct and separate item on |
17 | | the serviceman's
billing to the service customer. If the |
18 | | selling price is not so shown, the
selling price of the |
19 | | tangible personal property is deemed to be 50% of the
|
20 | | serviceman's entire billing to the service customer. When, |
21 | | however, a
serviceman contracts to design, develop, and produce |
22 | | special order machinery or
equipment, the tax imposed by this |
23 | | Act shall be based on the serviceman's
cost price of the |
24 | | tangible personal property transferred incident to the
|
|
| | SB1557 Enrolled | - 71 - | LRB101 08168 SMS 53234 b |
|
|
1 | | completion of the contract.
|
2 | | Beginning on July 1, 2000 and through December 31, 2000, |
3 | | with respect to
motor fuel, as defined in Section 1.1 of the |
4 | | Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of |
5 | | the Use Tax Act, the tax is
imposed at
the rate of 1.25%.
|
6 | | With respect to gasohol, as defined in the Use Tax Act, the |
7 | | tax imposed
by this Act shall apply to (i) 70% of the cost |
8 | | price of property
transferred as
an incident to the sale of |
9 | | service on or after January 1, 1990, and before
July 1, 2003, |
10 | | (ii) 80% of the selling price of property transferred as an
|
11 | | incident to the sale of service on or after July
1, 2003 and on |
12 | | or before July 1, 2017, and (iii) 100%
of
the cost price
|
13 | | thereafter.
If, at any time, however, the tax under this Act on |
14 | | sales of gasohol, as
defined in
the Use Tax Act, is imposed at |
15 | | the rate of 1.25%, then the
tax imposed by this Act applies to |
16 | | 100% of the proceeds of sales of gasohol
made during that time.
|
17 | | With respect to majority blended ethanol fuel, as defined |
18 | | in the Use Tax Act,
the
tax
imposed by this Act does not apply |
19 | | to the selling price of property transferred
as an incident to |
20 | | the sale of service on or after July 1, 2003 and on or before
|
21 | | December 31, 2023 but applies to 100% of the selling price |
22 | | thereafter.
|
23 | | With respect to biodiesel blends, as defined in the Use Tax |
24 | | Act, with no less
than 1% and no
more than 10% biodiesel, the |
25 | | tax imposed by this Act
applies to (i) 80% of the selling price |
26 | | of property transferred as an incident
to the sale of service |
|
| | SB1557 Enrolled | - 72 - | LRB101 08168 SMS 53234 b |
|
|
1 | | on or after July 1, 2003 and on or before December 31, 2018
and |
2 | | (ii) 100% of the proceeds of the selling price
thereafter.
If, |
3 | | at any time, however, the tax under this Act on sales of |
4 | | biodiesel blends,
as
defined in the Use Tax Act, with no less |
5 | | than 1% and no more than 10% biodiesel
is imposed at the rate |
6 | | of 1.25%, then the
tax imposed by this Act applies to 100% of |
7 | | the proceeds of sales of biodiesel
blends with no less than 1% |
8 | | and no more than 10% biodiesel
made
during that time.
|
9 | | With respect to 100% biodiesel, as defined in the Use Tax |
10 | | Act, and biodiesel
blends, as defined in the Use Tax Act, with
|
11 | | more than 10% but no more than 99% biodiesel material, the tax |
12 | | imposed by this
Act
does not apply to the proceeds of the |
13 | | selling price of property transferred
as an incident to the |
14 | | sale of service on or after July 1, 2003 and on or before
|
15 | | December 31, 2023 but applies to 100% of the selling price |
16 | | thereafter.
|
17 | | At the election of any registered serviceman made for each |
18 | | fiscal year,
sales of service in which the aggregate annual |
19 | | cost price of tangible
personal property transferred as an |
20 | | incident to the sales of service is
less than 35%, or 75% in |
21 | | the case of servicemen transferring prescription
drugs or |
22 | | servicemen engaged in graphic arts production, of the aggregate
|
23 | | annual total gross receipts from all sales of service, the tax |
24 | | imposed by
this Act shall be based on the serviceman's cost |
25 | | price of the tangible
personal property transferred incident to |
26 | | the sale of those services.
|
|
| | SB1557 Enrolled | - 73 - | LRB101 08168 SMS 53234 b |
|
|
1 | | The tax shall be imposed at the rate of 1% on food prepared |
2 | | for
immediate consumption and transferred incident to a sale of |
3 | | service subject
to this Act or the Service Occupation Tax Act |
4 | | by an entity licensed under
the Hospital Licensing Act, the |
5 | | Nursing Home Care Act, the ID/DD Community Care Act, the MC/DD |
6 | | Act, the Specialized Mental Health Rehabilitation Act of 2013, |
7 | | or the
Child Care Act of 1969. The tax shall
also be imposed at |
8 | | the rate of 1% on food for human consumption that is
to be |
9 | | consumed off the
premises where it is sold (other than |
10 | | alcoholic beverages, food consisting of or infused with adult |
11 | | use cannabis, soft drinks, and
food that has been prepared for |
12 | | immediate consumption and is not
otherwise included in this |
13 | | paragraph) and prescription and
nonprescription medicines, |
14 | | drugs, medical appliances, products classified as Class III |
15 | | medical devices by the United States Food and Drug |
16 | | Administration that are used for cancer treatment pursuant to a |
17 | | prescription, as well as any accessories and components related |
18 | | to those devices, modifications to a motor
vehicle for the |
19 | | purpose of rendering it usable by a person with a disability, |
20 | | and
insulin, urine testing materials, syringes, and needles |
21 | | used by diabetics, for
human use. For the purposes of this |
22 | | Section, until September 1, 2009: the term "soft drinks" means |
23 | | any
complete, finished, ready-to-use, non-alcoholic drink, |
24 | | whether carbonated or
not, including but not limited to soda |
25 | | water, cola, fruit juice, vegetable
juice, carbonated water, |
26 | | and all other preparations commonly known as soft
drinks of |
|
| | SB1557 Enrolled | - 74 - | LRB101 08168 SMS 53234 b |
|
|
1 | | whatever kind or description that are contained in any closed |
2 | | or
sealed can, carton, or container, regardless of size; but |
3 | | "soft drinks" does not
include coffee, tea, non-carbonated |
4 | | water, infant formula, milk or milk
products as defined in the |
5 | | Grade A Pasteurized Milk and Milk Products Act, or
drinks |
6 | | containing 50% or more natural fruit or vegetable juice.
|
7 | | Notwithstanding any other provisions of this
Act, |
8 | | beginning September 1, 2009, "soft drinks" means non-alcoholic |
9 | | beverages that contain natural or artificial sweeteners. "Soft |
10 | | drinks" do not include beverages that contain milk or milk |
11 | | products, soy, rice or similar milk substitutes, or greater |
12 | | than 50% of vegetable or fruit juice by volume. |
13 | | Until August 1, 2009, and notwithstanding any other |
14 | | provisions of this Act, "food for human consumption
that is to |
15 | | be consumed off the premises where it is sold" includes all |
16 | | food
sold through a vending machine, except soft drinks and |
17 | | food products that are
dispensed hot from a vending machine, |
18 | | regardless of the location of the vending
machine. Beginning |
19 | | August 1, 2009, and notwithstanding any other provisions of |
20 | | this Act, "food for human consumption that is to be consumed |
21 | | off the premises where it is sold" includes all food sold |
22 | | through a vending machine, except soft drinks, candy, and food |
23 | | products that are dispensed hot from a vending machine, |
24 | | regardless of the location of the vending machine.
|
25 | | Notwithstanding any other provisions of this
Act, |
26 | | beginning September 1, 2009, "food for human consumption that |
|
| | SB1557 Enrolled | - 75 - | LRB101 08168 SMS 53234 b |
|
|
1 | | is to be consumed off the premises where
it is sold" does not |
2 | | include candy. For purposes of this Section, "candy" means a |
3 | | preparation of sugar, honey, or other natural or artificial |
4 | | sweeteners in combination with chocolate, fruits, nuts or other |
5 | | ingredients or flavorings in the form of bars, drops, or |
6 | | pieces. "Candy" does not include any preparation that contains |
7 | | flour or requires refrigeration. |
8 | | Notwithstanding any other provisions of this
Act, |
9 | | beginning September 1, 2009, "nonprescription medicines and |
10 | | drugs" does not include grooming and hygiene products. For |
11 | | purposes of this Section, "grooming and hygiene products" |
12 | | includes, but is not limited to, soaps and cleaning solutions, |
13 | | shampoo, toothpaste, mouthwash, antiperspirants, and sun tan |
14 | | lotions and screens, unless those products are available by |
15 | | prescription only, regardless of whether the products meet the |
16 | | definition of "over-the-counter-drugs". For the purposes of |
17 | | this paragraph, "over-the-counter-drug" means a drug for human |
18 | | use that contains a label that identifies the product as a drug |
19 | | as required by 21 C.F.R. § 201.66. The "over-the-counter-drug" |
20 | | label includes: |
21 | | (A) A "Drug Facts" panel; or |
22 | | (B) A statement of the "active ingredient(s)" with a |
23 | | list of those ingredients contained in the compound, |
24 | | substance or preparation. |
25 | | Beginning on January 1, 2014 (the effective date of Public |
26 | | Act 98-122), "prescription and nonprescription medicines and |
|
| | SB1557 Enrolled | - 76 - | LRB101 08168 SMS 53234 b |
|
|
1 | | drugs" includes medical cannabis purchased from a registered |
2 | | dispensing organization under the Compassionate Use of Medical |
3 | | Cannabis Program Act. |
4 | | As used in this Section, "adult use cannabis" means |
5 | | cannabis subject to tax under the Cannabis Cultivation |
6 | | Privilege Tax Law and the Cannabis Purchaser Excise Tax Law and |
7 | | does not include cannabis subject to tax under the |
8 | | Compassionate Use of Medical Cannabis Program Act. |
9 | | (Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19.) |
10 | | Section 9. The Retailers' Occupation Tax Act is amended by |
11 | | changing Section 2-10 as follows:
|
12 | | (35 ILCS 120/2-10)
|
13 | | Sec. 2-10. Rate of tax. Unless otherwise provided in this |
14 | | Section,
the tax imposed by this Act is at the rate of 6.25% of |
15 | | gross receipts
from sales of tangible personal property made in |
16 | | the course of business.
|
17 | | Beginning on July 1, 2000 and through December 31, 2000, |
18 | | with respect to
motor fuel, as defined in Section 1.1 of the |
19 | | Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of |
20 | | the Use Tax Act, the tax is
imposed at the rate of 1.25%.
|
21 | | Beginning on August 6, 2010 through August 15, 2010, with |
22 | | respect to sales tax holiday items as defined in Section 2-8 of |
23 | | this Act, the
tax is imposed at the rate of 1.25%. |
24 | | Within 14 days after the effective date of this amendatory |
|
| | SB1557 Enrolled | - 77 - | LRB101 08168 SMS 53234 b |
|
|
1 | | Act of the 91st
General Assembly, each retailer of motor fuel |
2 | | and gasohol shall cause the
following notice to be posted in a |
3 | | prominently visible place on each retail
dispensing device that |
4 | | is used to dispense motor
fuel or gasohol in the State of |
5 | | Illinois: "As of July 1, 2000, the State of
Illinois has |
6 | | eliminated the State's share of sales tax on motor fuel and
|
7 | | gasohol through December 31, 2000. The price on this pump |
8 | | should reflect the
elimination of the tax." The notice shall be |
9 | | printed in bold print on a sign
that is no smaller than 4 |
10 | | inches by 8 inches. The sign shall be clearly
visible to |
11 | | customers. Any retailer who fails to post or maintain a |
12 | | required
sign through December 31, 2000 is guilty of a petty |
13 | | offense for which the fine
shall be $500 per day per each |
14 | | retail premises where a violation occurs.
|
15 | | With respect to gasohol, as defined in the Use Tax Act, the |
16 | | tax imposed
by this Act applies to (i) 70% of the proceeds of |
17 | | sales made on or after
January 1, 1990, and before July 1, |
18 | | 2003, (ii) 80% of the proceeds of
sales made on or after July |
19 | | 1, 2003 and on or before July 1, 2017, and (iii) 100% of the |
20 | | proceeds of sales
made thereafter.
If, at any time, however, |
21 | | the tax under this Act on sales of gasohol, as
defined in
the |
22 | | Use Tax Act, is imposed at the rate of 1.25%, then the
tax |
23 | | imposed by this Act applies to 100% of the proceeds of sales of |
24 | | gasohol
made during that time.
|
25 | | With respect to majority blended ethanol fuel, as defined |
26 | | in the Use Tax Act,
the
tax
imposed by this Act does not apply |
|
| | SB1557 Enrolled | - 78 - | LRB101 08168 SMS 53234 b |
|
|
1 | | to the proceeds of sales made on or after
July 1, 2003 and on or |
2 | | before December 31, 2023 but applies to 100% of the
proceeds of |
3 | | sales made thereafter.
|
4 | | With respect to biodiesel blends, as defined in the Use Tax |
5 | | Act, with no less
than 1% and no
more than 10% biodiesel, the |
6 | | tax imposed by this Act
applies to (i) 80% of the proceeds of |
7 | | sales made on or after July 1, 2003
and on or before December |
8 | | 31, 2018 and (ii) 100% of the
proceeds of sales made |
9 | | thereafter.
If, at any time, however, the tax under this Act on |
10 | | sales of biodiesel blends,
as
defined in the Use Tax Act, with |
11 | | no less than 1% and no more than 10% biodiesel
is imposed at |
12 | | the rate of 1.25%, then the
tax imposed by this Act applies to |
13 | | 100% of the proceeds of sales of biodiesel
blends with no less |
14 | | than 1% and no more than 10% biodiesel
made
during that time.
|
15 | | With respect to 100% biodiesel, as defined in the Use Tax |
16 | | Act, and biodiesel
blends, as defined in the Use Tax Act, with
|
17 | | more than 10% but no more than 99% biodiesel, the tax imposed |
18 | | by this Act
does not apply to the proceeds of sales made on or |
19 | | after July 1, 2003
and on or before December 31, 2023 but |
20 | | applies to 100% of the
proceeds of sales made thereafter.
|
21 | | With respect to food for human consumption that is to be |
22 | | consumed off the
premises where it is sold (other than |
23 | | alcoholic beverages, food consisting of or infused with adult |
24 | | use cannabis, soft drinks, and
food that has been prepared for |
25 | | immediate consumption) and prescription and
nonprescription |
26 | | medicines, drugs, medical appliances, products classified as |
|
| | SB1557 Enrolled | - 79 - | LRB101 08168 SMS 53234 b |
|
|
1 | | Class III medical devices by the United States Food and Drug |
2 | | Administration that are used for cancer treatment pursuant to a |
3 | | prescription, as well as any accessories and components related |
4 | | to those devices, modifications to a motor
vehicle for the |
5 | | purpose of rendering it usable by a person with a disability, |
6 | | and
insulin, urine testing materials, syringes, and needles |
7 | | used by diabetics, for
human use, the tax is imposed at the |
8 | | rate of 1%. For the purposes of this
Section, until September |
9 | | 1, 2009: the term "soft drinks" means any complete, finished, |
10 | | ready-to-use,
non-alcoholic drink, whether carbonated or not, |
11 | | including but not limited to
soda water, cola, fruit juice, |
12 | | vegetable juice, carbonated water, and all other
preparations |
13 | | commonly known as soft drinks of whatever kind or description |
14 | | that
are contained in any closed or sealed bottle, can, carton, |
15 | | or container,
regardless of size; but "soft drinks" does not |
16 | | include coffee, tea, non-carbonated
water, infant formula, |
17 | | milk or milk products as defined in the Grade A
Pasteurized |
18 | | Milk and Milk Products Act, or drinks containing 50% or more
|
19 | | natural fruit or vegetable juice.
|
20 | | Notwithstanding any other provisions of this
Act, |
21 | | beginning September 1, 2009, "soft drinks" means non-alcoholic |
22 | | beverages that contain natural or artificial sweeteners. "Soft |
23 | | drinks" do not include beverages that contain milk or milk |
24 | | products, soy, rice or similar milk substitutes, or greater |
25 | | than 50% of vegetable or fruit juice by volume. |
26 | | Until August 1, 2009, and notwithstanding any other |
|
| | SB1557 Enrolled | - 80 - | LRB101 08168 SMS 53234 b |
|
|
1 | | provisions of this
Act, "food for human consumption that is to |
2 | | be consumed off the premises where
it is sold" includes all |
3 | | food sold through a vending machine, except soft
drinks and |
4 | | food products that are dispensed hot from a vending machine,
|
5 | | regardless of the location of the vending machine. Beginning |
6 | | August 1, 2009, and notwithstanding any other provisions of |
7 | | this Act, "food for human consumption that is to be consumed |
8 | | off the premises where it is sold" includes all food sold |
9 | | through a vending machine, except soft drinks, candy, and food |
10 | | products that are dispensed hot from a vending machine, |
11 | | regardless of the location of the vending machine.
|
12 | | Notwithstanding any other provisions of this
Act, |
13 | | beginning September 1, 2009, "food for human consumption that |
14 | | is to be consumed off the premises where
it is sold" does not |
15 | | include candy. For purposes of this Section, "candy" means a |
16 | | preparation of sugar, honey, or other natural or artificial |
17 | | sweeteners in combination with chocolate, fruits, nuts or other |
18 | | ingredients or flavorings in the form of bars, drops, or |
19 | | pieces. "Candy" does not include any preparation that contains |
20 | | flour or requires refrigeration. |
21 | | Notwithstanding any other provisions of this
Act, |
22 | | beginning September 1, 2009, "nonprescription medicines and |
23 | | drugs" does not include grooming and hygiene products. For |
24 | | purposes of this Section, "grooming and hygiene products" |
25 | | includes, but is not limited to, soaps and cleaning solutions, |
26 | | shampoo, toothpaste, mouthwash, antiperspirants, and sun tan |
|
| | SB1557 Enrolled | - 81 - | LRB101 08168 SMS 53234 b |
|
|
1 | | lotions and screens, unless those products are available by |
2 | | prescription only, regardless of whether the products meet the |
3 | | definition of "over-the-counter-drugs". For the purposes of |
4 | | this paragraph, "over-the-counter-drug" means a drug for human |
5 | | use that contains a label that identifies the product as a drug |
6 | | as required by 21 C.F.R. § 201.66. The "over-the-counter-drug" |
7 | | label includes: |
8 | | (A) A "Drug Facts" panel; or |
9 | | (B) A statement of the "active ingredient(s)" with a |
10 | | list of those ingredients contained in the compound, |
11 | | substance or preparation.
|
12 | | Beginning on the effective date of this amendatory Act of |
13 | | the 98th General Assembly, "prescription and nonprescription |
14 | | medicines and drugs" includes medical cannabis purchased from a |
15 | | registered dispensing organization under the Compassionate Use |
16 | | of Medical Cannabis Program Act. |
17 | | As used in this Section, "adult use cannabis" means |
18 | | cannabis subject to tax under the Cannabis Cultivation |
19 | | Privilege Tax Law and the Cannabis Purchaser Excise Tax Law and |
20 | | does not include cannabis subject to tax under the |
21 | | Compassionate Use of Medical Cannabis Program Act. |
22 | | (Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19.)
|
23 | | Section 10. The Tobacco Products Tax Act of 1995 is amended |
24 | | by changing Section 10-5 as follows:
|
|
| | SB1557 Enrolled | - 82 - | LRB101 08168 SMS 53234 b |
|
|
1 | | (35 ILCS 143/10-5)
|
2 | | Sec. 10-5. Definitions. For purposes of this Act:
|
3 | | "Business" means any trade, occupation, activity, or |
4 | | enterprise engaged
in, at any location whatsoever, for the |
5 | | purpose of selling tobacco products.
|
6 | | "Cigarette" has the meaning ascribed to the term in Section |
7 | | 1 of the
Cigarette Tax Act.
|
8 | | "Contraband little cigar" means: |
9 | | (1) packages of little cigars containing 20 or 25 |
10 | | little cigars that do not bear a required tax stamp under |
11 | | this Act; |
12 | | (2) packages of little cigars containing 20 or 25 |
13 | | little cigars that bear a fraudulent, imitation, or |
14 | | counterfeit tax stamp; |
15 | | (3) packages of little cigars containing 20 or 25 |
16 | | little cigars that are improperly tax stamped, including |
17 | | packages of little cigars that bear only a tax stamp of |
18 | | another state or taxing jurisdiction; or |
19 | | (4) packages of little cigars containing other than 20 |
20 | | or 25 little cigars in the possession of a distributor, |
21 | | retailer or wholesaler, unless the distributor, retailer, |
22 | | or wholesaler possesses, or produces within the time frame |
23 | | provided in Section 10-27 or 10-28 of this Act, an invoice |
24 | | from a stamping distributor, distributor, or wholesaler |
25 | | showing that the tax on the packages has been or will be |
26 | | paid. |
|
| | SB1557 Enrolled | - 83 - | LRB101 08168 SMS 53234 b |
|
|
1 | | "Correctional Industries program" means a program run by a |
2 | | State penal
institution in which residents of the penal |
3 | | institution produce tobacco
products for sale to persons |
4 | | incarcerated in penal institutions or resident
patients of a |
5 | | State operated mental health facility.
|
6 | | "Department" means the Illinois Department of Revenue.
|
7 | | "Distributor" means any of the following:
|
8 | | (1) Any manufacturer or wholesaler in this State |
9 | | engaged in the business
of selling tobacco products who |
10 | | sells, exchanges, or distributes tobacco
products to |
11 | | retailers or consumers in this State.
|
12 | | (2) Any manufacturer or wholesaler engaged
in
the |
13 | | business of selling tobacco products from without this |
14 | | State who sells,
exchanges, distributes,
ships, or |
15 | | transports tobacco products to retailers or consumers |
16 | | located in
this State,
so long as that manufacturer or |
17 | | wholesaler has or maintains within this State,
directly or |
18 | | by subsidiary, an office, sales house, or other place of |
19 | | business,
or any agent or other representative operating |
20 | | within this State under the
authority of the person or |
21 | | subsidiary, irrespective of whether the place of
business |
22 | | or agent or other representative is located here |
23 | | permanently or
temporarily.
|
24 | | (3) Any retailer who receives tobacco products on which |
25 | | the tax has not
been or
will not be paid by another |
26 | | distributor.
|
|
| | SB1557 Enrolled | - 84 - | LRB101 08168 SMS 53234 b |
|
|
1 | | "Distributor" does not include any person, wherever |
2 | | resident or located, who
makes, manufactures, or fabricates |
3 | | tobacco products as part of a Correctional
Industries program |
4 | | for sale to residents incarcerated in penal institutions or
|
5 | | resident patients of a State operated mental health facility.
|
6 | | "Electronic cigarette" means: |
7 | | (1) any device that employs a battery or other |
8 | | mechanism to
heat a solution or substance to produce a |
9 | | vapor or aerosol
intended for inhalation; |
10 | | (2) any cartridge or container of a solution or |
11 | | substance
intended to be used with or in the device or to |
12 | | refill the
device; or |
13 | | (3) any solution or substance, whether or not it |
14 | | contains
nicotine, intended for use in the device. |
15 | | "Electronic cigarette"
includes, but is not limited to, any |
16 | | electronic nicotine
delivery system, electronic cigar, |
17 | | electronic cigarillo,
electronic pipe, electronic hookah, vape |
18 | | pen, or similar product
or device, and any component or part |
19 | | that can be used to build
the product or device. "Electronic |
20 | | cigarette" does not include:
cigarettes, as defined in Section |
21 | | 1 of the Cigarette Tax Act; any
product approved by the United |
22 | | States Food and Drug
Administration for sale as a tobacco |
23 | | cessation product, a
tobacco dependence product, or for other |
24 | | medical purposes that
is marketed and sold solely for that |
25 | | approved purpose; any
asthma inhaler prescribed by a physician |
26 | | for that condition that is marketed and sold solely for that |
|
| | SB1557 Enrolled | - 85 - | LRB101 08168 SMS 53234 b |
|
|
1 | | approved purpose; or
any therapeutic product approved for use |
2 | | under the Compassionate
Use of Medical Cannabis Pilot Program |
3 | | Act. |
4 | | "Little cigar" means and includes any roll, made wholly or |
5 | | in part of tobacco, where such roll has an integrated cellulose |
6 | | acetate filter and weighs less than 4 pounds per thousand and |
7 | | the wrapper or cover of which is made in whole or in part of |
8 | | tobacco. |
9 | | "Manufacturer" means any person, wherever resident or |
10 | | located, who
manufactures and sells tobacco products, except a |
11 | | person who makes,
manufactures, or fabricates tobacco products |
12 | | as a part of a Correctional
Industries program for sale to |
13 | | persons incarcerated in penal institutions or
resident |
14 | | patients of a State operated mental health facility.
|
15 | | Beginning on January 1, 2013, "moist snuff" means any |
16 | | finely cut, ground, or powdered tobacco that is not intended to |
17 | | be smoked, but shall not include any finely cut, ground, or |
18 | | powdered tobacco that is intended to be placed in the nasal |
19 | | cavity. |
20 | | "Person" means any natural individual, firm, partnership, |
21 | | association, joint
stock company, joint venture, limited |
22 | | liability company, or public or private
corporation, however |
23 | | formed, or a receiver, executor, administrator, trustee,
|
24 | | conservator, or other representative appointed by order of any |
25 | | court.
|
26 | | "Place of business" means and includes any place where |
|
| | SB1557 Enrolled | - 86 - | LRB101 08168 SMS 53234 b |
|
|
1 | | tobacco products
are sold or where tobacco products are |
2 | | manufactured, stored, or kept for
the purpose of sale or |
3 | | consumption, including any vessel, vehicle, airplane,
train, |
4 | | or vending machine.
|
5 | | "Retailer" means any person in this State engaged in the |
6 | | business of selling
tobacco products to consumers in this |
7 | | State, regardless of quantity or number
of sales.
|
8 | | "Sale" means any transfer, exchange, or barter in any |
9 | | manner or by any means
whatsoever for a consideration and |
10 | | includes all sales made by
persons.
|
11 | | "Stamp" or "stamps" mean the indicia required to be affixed |
12 | | on a package of little cigars that evidence payment of the tax |
13 | | on packages of little cigars containing 20 or 25 little cigars |
14 | | under Section 10-10 of this Act. These stamps shall be the same |
15 | | stamps used for cigarettes under the Cigarette Tax Act. |
16 | | "Stamping distributor" means a distributor licensed under |
17 | | this Act and also licensed as a distributor under the Cigarette |
18 | | Tax Act or Cigarette Use Tax Act. |
19 | | "Tobacco products" means any cigars, including little |
20 | | cigars; cheroots; stogies; periques; granulated,
plug cut, |
21 | | crimp cut, ready rubbed, and other smoking tobacco; snuff |
22 | | (including moist snuff) or snuff
flour; cavendish; plug and |
23 | | twist tobacco; fine-cut and other chewing tobaccos;
shorts; |
24 | | refuse scraps, clippings, cuttings, and sweeping of tobacco; |
25 | | and
other kinds and forms of tobacco, prepared in such manner |
26 | | as to be suitable for
chewing or smoking in a pipe or |
|
| | SB1557 Enrolled | - 87 - | LRB101 08168 SMS 53234 b |
|
|
1 | | otherwise, or both for chewing and smoking; but
does not |
2 | | include cigarettes as defined in Section 1 of the Cigarette Tax |
3 | | Act or tobacco purchased for the manufacture of
cigarettes by |
4 | | cigarette distributors and manufacturers defined in the
|
5 | | Cigarette Tax Act and persons who make, manufacture, or |
6 | | fabricate
cigarettes as a part of a Correctional Industries |
7 | | program for sale to
residents incarcerated in penal |
8 | | institutions or resident patients of a
State operated mental |
9 | | health facility.
|
10 | | Beginning on July 1, 2019, "tobacco products" also includes
|
11 | | electronic cigarettes. |
12 | | "Wholesale price" means the established list price for |
13 | | which a manufacturer
sells tobacco products to a distributor, |
14 | | before the allowance of any discount,
trade allowance, rebate, |
15 | | or other reduction.
In the absence of such an established list |
16 | | price, the manufacturer's invoice
price at which the |
17 | | manufacturer sells the tobacco product to unaffiliated
|
18 | | distributors, before any discounts, trade allowances, rebates, |
19 | | or other
reductions, shall be presumed to be the wholesale |
20 | | price.
|
21 | | "Wholesaler" means any person, wherever resident or |
22 | | located, engaged in the
business of selling tobacco products to |
23 | | others for the purpose of resale. "Wholesaler", when used in |
24 | | this Act, does not include a person licensed as a distributor |
25 | | under Section 10-20 of this Act unless expressly stated in this |
26 | | Act.
|
|
| | SB1557 Enrolled | - 88 - | LRB101 08168 SMS 53234 b |
|
|
1 | | (Source: P.A. 101-31, eff. 6-28-19.)
|
2 | | Section 15. The Counties Code is amended by changing |
3 | | Section 5-1006.8 as follows: |
4 | | (55 ILCS 5/5-1006.8) |
5 | | Sec. 5-1006.8. County Cannabis Retailers' Occupation Tax |
6 | | Law. |
7 | | (a) This Section may be referred to as the County Cannabis |
8 | | Retailers' Occupation Tax Law. The On and after January 1, |
9 | | 2020, the corporate authorities of any county may, by |
10 | | ordinance, impose a tax upon all persons engaged in the |
11 | | business of selling cannabis, other than cannabis purchased |
12 | | under the Compassionate Use of Medical Cannabis Pilot Program |
13 | | Act, at retail in the county on the gross receipts from these |
14 | | sales made in the course of that business. If imposed, the tax |
15 | | shall be imposed only in 0.25% increments. The tax rate may not |
16 | | exceed: (i) 3.75% of the gross receipts of sales made in |
17 | | unincorporated areas of the county; and (ii) 3% of the gross |
18 | | receipts of sales made in a municipality located in the county. |
19 | | The tax imposed under this Section and all civil penalties that |
20 | | may be assessed as an incident of the tax shall be collected |
21 | | and enforced by the Department of Revenue. The Department of |
22 | | Revenue shall have full power to administer and enforce this |
23 | | Section; to collect all taxes and penalties due hereunder; to |
24 | | dispose of taxes and penalties so collected in the manner |
|
| | SB1557 Enrolled | - 89 - | LRB101 08168 SMS 53234 b |
|
|
1 | | hereinafter provided; and to determine all rights to credit |
2 | | memoranda arising on account of the erroneous payment of tax or |
3 | | penalty under this Section. In the administration of and |
4 | | compliance with this Section, the Department of Revenue and |
5 | | persons who are subject to this Section shall have the same |
6 | | rights, remedies, privileges, immunities, powers and duties, |
7 | | and be subject to the same conditions, restrictions, |
8 | | limitations, penalties, and definitions of terms, and employ |
9 | | the same modes of procedure, as are described in Sections 1, |
10 | | 1a, 1d, 1e, 1f, 1i, 1j, 1k, 1m, 1n, 2 through 2-65 (in respect |
11 | | to all provisions therein other than the State rate of tax), |
12 | | 2a, 2b, 2c, 2i, 3 (except as to the disposition of taxes and |
13 | | penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, |
14 | | 5j, 5k, 5l, 6, 6a, 6bb, 6c, 6d, 7 8 , 8, 9, 10, 11, 11a, 12, and |
15 | | 13 of the Retailers' Occupation Tax Act and Section 3-7 of the |
16 | | Uniform Penalty and Interest Act as fully as if those |
17 | | provisions were set forth in this Section. |
18 | | (b) Persons subject to any tax imposed under the authority |
19 | | granted in this Section may reimburse themselves for their |
20 | | seller's tax liability hereunder by separately stating that tax |
21 | | as an additional charge, which charge may be stated in |
22 | | combination, in a single amount, with any State tax that |
23 | | sellers are required to collect. |
24 | | (c) Whenever the Department of Revenue determines that a |
25 | | refund should be made under this Section to a claimant instead |
26 | | of issuing a credit memorandum, the Department of Revenue shall |
|
| | SB1557 Enrolled | - 90 - | LRB101 08168 SMS 53234 b |
|
|
1 | | notify the State Comptroller, who shall cause the order to be |
2 | | drawn for the amount specified and to the person named in the |
3 | | notification from the Department of Revenue. |
4 | | (d) The Department of Revenue shall immediately pay over to |
5 | | the State Treasurer, ex officio, as trustee, all taxes and |
6 | | penalties collected hereunder for deposit into the Local |
7 | | Cannabis Retailers' Occupation Consumer Excise Tax Trust Fund. |
8 | | (e) On or before the 25th day of each calendar month, the |
9 | | Department of Revenue shall prepare and certify to the |
10 | | Comptroller the amount of money to be disbursed from the Local |
11 | | Cannabis Retailers' Occupation Consumer Excise Tax Trust Fund |
12 | | to counties from which retailers have paid taxes or penalties |
13 | | under this Section during the second preceding calendar month. |
14 | | The amount to be paid to each county shall be the amount (not |
15 | | including credit memoranda) collected under this Section from |
16 | | sales made in the county during the second preceding calendar |
17 | | month, plus an amount the Department of Revenue determines is |
18 | | necessary to offset any amounts that were erroneously paid to a |
19 | | different taxing body, and not including an amount equal to the |
20 | | amount of refunds made during the second preceding calendar |
21 | | month by the Department on behalf of such county, and not |
22 | | including any amount that the Department determines is |
23 | | necessary to offset any amounts that were payable to a |
24 | | different taxing body but were erroneously paid to the county, |
25 | | less 1.5% of the remainder, which the Department shall transfer |
26 | | into the Tax Compliance and Administration Fund. The |
|
| | SB1557 Enrolled | - 91 - | LRB101 08168 SMS 53234 b |
|
|
1 | | Department, at the time of each monthly disbursement to the |
2 | | counties, shall prepare and certify the State Comptroller the |
3 | | amount to be transferred into the Tax Compliance and |
4 | | Administration Fund under this Section. Within 10 days after |
5 | | receipt by the Comptroller of the disbursement certification to |
6 | | the counties and the Tax Compliance and Administration Fund |
7 | | provided for in this Section to be given to the Comptroller by |
8 | | the Department, the Comptroller shall cause the orders to be |
9 | | drawn for the respective amounts in accordance with the |
10 | | directions contained in the certification. |
11 | | (f) An ordinance or resolution imposing or discontinuing a |
12 | | tax under this Section or effecting a change in the rate |
13 | | thereof that is shall be adopted on or after June 25, 2019 (the |
14 | | effective date of Public Act 101-27) and for which a certified |
15 | | copy is thereof filed with the Department on or before April 1, |
16 | | 2020 shall be administered and enforced by the Department |
17 | | beginning on July 1, 2020. For ordinances filed with the |
18 | | Department after April 1, 2020, an ordinance or resolution |
19 | | imposing or discontinuing a tax under this Section or effecting |
20 | | a change in the rate thereof shall either (i) be adopted and a |
21 | | certified copy thereof filed with the Department on or before |
22 | | the first day of April, whereupon the Department shall proceed |
23 | | to administer and enforce this Section as of the first day of |
24 | | July next following the adoption and filing; or (ii) be adopted |
25 | | and a certified copy thereof filed with the Department on or |
26 | | before the first day of October, whereupon the Department shall |
|
| | SB1557 Enrolled | - 92 - | LRB101 08168 SMS 53234 b |
|
|
1 | | proceed to administer and enforce this Section as of the first |
2 | | day of January the first day of June, whereupon the Department |
3 | | shall proceed to administer and enforce this Section as of the |
4 | | first day of September next following the adoption and filing.
|
5 | | (Source: P.A. 101-27, eff. 6-25-19; 101-363, eff. 8-9-19.) |
6 | | Section 20. The Illinois Municipal Code is amended by |
7 | | changing and renumbering Section 8-11-22, as added by Public |
8 | | Act 101-27, and by changing Section 8-11-6a as follows:
|
9 | | (65 ILCS 5/8-11-6a) (from Ch. 24, par. 8-11-6a)
|
10 | | Sec. 8-11-6a. Home rule municipalities; preemption of |
11 | | certain taxes. Except
as provided in Sections 8-11-1, 8-11-5, |
12 | | 8-11-6, 8-11-6b, 8-11-6c, 8-11-23 8-11-22 , and 11-74.3-6 on and |
13 | | after
September 1, 1990, no home rule municipality has the
|
14 | | authority to impose, pursuant to its home rule authority, a |
15 | | retailer's
occupation tax, service occupation tax, use tax, |
16 | | sales tax or other
tax on the use, sale or purchase of tangible |
17 | | personal property
based on the gross receipts from such sales |
18 | | or the selling or purchase
price of said tangible personal |
19 | | property. Notwithstanding the foregoing,
this Section does not |
20 | | preempt any home rule imposed tax such as the
following: (1) a |
21 | | tax on alcoholic beverages, whether based on gross receipts,
|
22 | | volume sold or any other measurement; (2) a tax based on the |
23 | | number of units
of cigarettes or tobacco products (provided, |
24 | | however, that a home rule
municipality that has not imposed a |
|
| | SB1557 Enrolled | - 93 - | LRB101 08168 SMS 53234 b |
|
|
1 | | tax based on the number of units of
cigarettes or tobacco |
2 | | products before July 1, 1993, shall not impose such a tax
after |
3 | | that date); (3) a tax, however measured, based on
the use of a |
4 | | hotel or motel room or similar facility; (4) a tax, however
|
5 | | measured, on the sale or transfer of real property; (5) a tax, |
6 | | however
measured, on lease receipts; (6) a tax on food prepared |
7 | | for immediate
consumption and on alcoholic beverages sold by a |
8 | | business which provides
for on premise consumption of said food |
9 | | or alcoholic beverages; or (7)
other taxes not based on the |
10 | | selling or purchase price or gross receipts
from the use, sale |
11 | | or purchase of tangible personal property. This Section does |
12 | | not preempt a home rule municipality with a population of more |
13 | | than 2,000,000 from imposing a tax, however measured, on the |
14 | | use, for consideration, of a parking lot, garage, or other |
15 | | parking facility. This Section
is not intended to affect any |
16 | | existing tax on food and beverages prepared
for immediate |
17 | | consumption on the premises where the sale occurs, or any
|
18 | | existing tax on alcoholic beverages, or any existing tax |
19 | | imposed on the
charge for renting a hotel or motel room, which |
20 | | was in effect January 15,
1988, or any extension of the |
21 | | effective date of such an existing tax by
ordinance of the |
22 | | municipality imposing the tax, which extension is hereby
|
23 | | authorized, in any non-home rule municipality in which the |
24 | | imposition of
such a tax has been upheld by judicial |
25 | | determination, nor is this Section
intended to preempt the |
26 | | authority granted by Public Act 85-1006. On and after December |
|
| | SB1557 Enrolled | - 94 - | LRB101 08168 SMS 53234 b |
|
|
1 | | 1, 2019, no home rule municipality has the authority to impose, |
2 | | pursuant to its home rule authority, a tax, however measured, |
3 | | on sales of aviation fuel, as defined in Section 3 of the |
4 | | Retailers' Occupation Tax Act, unless the tax is not subject to |
5 | | the revenue use requirements of 49 U.S.C. 47107(b) 47017(b) and |
6 | | 49 U.S.C. 47133, or unless the tax revenue is expended for |
7 | | airport-related purposes. For purposes of this Section, |
8 | | "airport-related purposes" has the meaning ascribed in Section |
9 | | 6z-20.2 of the State Finance Act. Aviation fuel shall be |
10 | | excluded from tax only if, and for so long as, the revenue use |
11 | | requirements of 49 U.S.C. 47107(b) 47017(b) and 49 U.S.C. 47133 |
12 | | are binding on the municipality. This
Section is a limitation, |
13 | | pursuant to subsection (g) of Section 6 of Article
VII of the |
14 | | Illinois Constitution, on the power of home rule units to tax. |
15 | | The changes made to this Section by Public Act 101-10 this |
16 | | amendatory Act of the 101st General Assembly are a denial and |
17 | | limitation of home rule powers and functions under subsection |
18 | | (g) of Section 6 of Article VII of the Illinois Constitution.
|
19 | | (Source: P.A. 101-10, eff. 6-5-19; 101-27, eff. 6-25-19; |
20 | | revised 8-19-19.)
|
21 | | (65 ILCS 5/8-11-23) |
22 | | Sec. 8-11-23 8-11-22 . Municipal Cannabis Retailers' |
23 | | Occupation Tax Law. |
24 | | (a) This Section may be referred to as the Municipal |
25 | | Cannabis Retailers' Occupation Tax Law. The On and after |
|
| | SB1557 Enrolled | - 95 - | LRB101 08168 SMS 53234 b |
|
|
1 | | January 1, 2020, the corporate authorities of any municipality |
2 | | may, by ordinance, impose a tax upon all persons engaged in the |
3 | | business of selling cannabis, other than cannabis purchased |
4 | | under the Compassionate Use of Medical Cannabis Pilot Program |
5 | | Act, at retail in the municipality on the gross receipts from |
6 | | these sales made in the course of that business. If imposed, |
7 | | the tax may not exceed 3% of the gross receipts from these |
8 | | sales and shall only be imposed in 1/4% increments. The tax |
9 | | imposed under this Section and all civil penalties that may be |
10 | | assessed as an incident of the tax shall be collected and |
11 | | enforced by the Department of Revenue. The Department of |
12 | | Revenue shall have full power to administer and enforce this |
13 | | Section; to collect all taxes and penalties due hereunder; to |
14 | | dispose of taxes and penalties so collected in the manner |
15 | | hereinafter provided; and to determine all rights to credit |
16 | | memoranda arising on account of the erroneous payment of tax or |
17 | | penalty under this Section. In the administration of and |
18 | | compliance with this Section, the Department and persons who |
19 | | are subject to this Section shall have the same rights, |
20 | | remedies, privileges, immunities, powers and duties, and be |
21 | | subject to the same conditions, restrictions, limitations, |
22 | | penalties and definitions of terms, and employ the same modes |
23 | | of procedure, as are prescribed in Sections 1, 1a, 1d, 1e, 1f, |
24 | | 1i, 1j, 1k, 1m, 1n, 2 through 2-65 (in respect to all |
25 | | provisions therein other than the State rate of tax), 2a, 2b, |
26 | | 2c, 2i, 3 (except as to the disposition of taxes and penalties |
|
| | SB1557 Enrolled | - 96 - | LRB101 08168 SMS 53234 b |
|
|
1 | | collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, |
2 | | 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 11a, 12 , and 13 of the |
3 | | Retailers' Occupation Tax Act and Section 3-7 of the Uniform |
4 | | Penalty and Interest Act, as fully as if those provisions were |
5 | | set forth herein. |
6 | | (b) Persons subject to any tax imposed under the authority |
7 | | granted in this Section may reimburse themselves for their |
8 | | seller's tax liability hereunder by separately stating that tax |
9 | | as an additional charge, which charge may be stated in |
10 | | combination, in a single amount, with any State tax that |
11 | | sellers are required to collect. |
12 | | (c) Whenever the Department of Revenue determines that a |
13 | | refund should be made under this Section to a claimant instead |
14 | | of issuing a credit memorandum, the Department of Revenue shall |
15 | | notify the State Comptroller, who shall cause the order to be |
16 | | drawn for the amount specified and to the person named in the |
17 | | notification from the Department of Revenue. |
18 | | (d) The Department of Revenue shall immediately pay over to |
19 | | the State Treasurer, ex officio, as trustee, all taxes and |
20 | | penalties collected hereunder for deposit into the Local |
21 | | Cannabis Retailers' Occupation Tax Trust Regulation Fund. |
22 | | (e) On or before the 25th day of each calendar month, the |
23 | | Department of Revenue shall prepare and certify to the |
24 | | Comptroller the amount of money to be disbursed from the Local |
25 | | Cannabis Retailers' Occupation Consumer Excise Tax Trust Fund |
26 | | to municipalities from which retailers have paid taxes or |
|
| | SB1557 Enrolled | - 97 - | LRB101 08168 SMS 53234 b |
|
|
1 | | penalties under this Section during the second preceding |
2 | | calendar month. The amount to be paid to each municipality |
3 | | shall be the amount (not including credit memoranda) collected |
4 | | under this Section from sales made in the municipality during |
5 | | the second preceding calendar month, plus an amount the |
6 | | Department of Revenue determines is necessary to offset any |
7 | | amounts that were erroneously paid to a different taxing body, |
8 | | and not including an amount equal to the amount of refunds made |
9 | | during the second preceding calendar month by the Department on |
10 | | behalf of such municipality, and not including any amount that |
11 | | the Department determines is necessary to offset any amounts |
12 | | that were payable to a different taxing body but were |
13 | | erroneously paid to the municipality, less 1.5% of the |
14 | | remainder, which the Department shall transfer into the Tax |
15 | | Compliance and Administration Fund. The Department, at the time |
16 | | of each monthly disbursement to the municipalities, shall |
17 | | prepare and certify to the State Comptroller the amount to be |
18 | | transferred into the Tax Compliance and Administration Fund |
19 | | under this Section. Within 10 days after receipt by the |
20 | | Comptroller of the disbursement certification to the |
21 | | municipalities and the Tax Compliance and Administration Fund |
22 | | provided for in this Section to be given to the Comptroller by |
23 | | the Department, the Comptroller shall cause the orders to be |
24 | | drawn for the respective amounts in accordance with the |
25 | | directions contained in the certification. |
26 | | (f) An ordinance or resolution imposing or discontinuing a |
|
| | SB1557 Enrolled | - 98 - | LRB101 08168 SMS 53234 b |
|
|
1 | | tax under this Section or effecting a change in the rate |
2 | | thereof that is shall be adopted on or after June 25, 2019 (the |
3 | | effective date of Public Act 101-27) and for which a certified |
4 | | copy is thereof filed with the Department on or before April 1, |
5 | | 2020 shall be administered and enforced by the Department |
6 | | beginning on July 1, 2020. For ordinances filed with the |
7 | | Department after April 1, 2020, an ordinance or resolution |
8 | | imposing or discontinuing a tax under this Section or effecting |
9 | | a change in the rate thereof shall either (i) be adopted and a |
10 | | certified copy thereof filed with the Department on or before |
11 | | the first day of April, whereupon the Department shall proceed |
12 | | to administer and enforce this Section as of the first day of |
13 | | July next following the adoption and filing; or (ii) be adopted |
14 | | and a certified copy thereof filed with the Department on or |
15 | | before the first day of October, whereupon the Department shall |
16 | | proceed to administer and enforce this Section as of the first |
17 | | day of January the first day of June, whereupon the Department |
18 | | shall proceed to administer and enforce this Section as of the |
19 | | first day of September next following the adoption and filing.
|
20 | | (Source: P.A. 101-27, eff. 6-25-19; revised 9-17-19.) |
21 | | Section 21. The Savings Bank Act is amended by changing |
22 | | Section 9002 as follows:
|
23 | | (205 ILCS 205/9002) (from Ch. 17, par. 7309-2)
|
24 | | Sec. 9002. Powers of Secretary. |
|
| | SB1557 Enrolled | - 99 - | LRB101 08168 SMS 53234 b |
|
|
1 | | (a) The Secretary shall have the following
powers and |
2 | | duties:
|
3 | | (1) To exercise the rights, powers, and duties set |
4 | | forth in
this Act or in any related Act.
|
5 | | (2) To establish regulations as may be reasonable or
|
6 | | necessary to accomplish the purposes of this Act.
|
7 | | (3) To make an annual report regarding the work of his |
8 | | or her
office under this Act as he may consider desirable |
9 | | to the
Governor, or as the Governor may request.
|
10 | | (4) To cause a suit to be filed in his or her name to |
11 | | enforce
any law of this State that applies to savings |
12 | | banks, their service
corporations, subsidiaries, |
13 | | affiliates, or holding companies
operating under this Act, |
14 | | including the enforcement of any
obligation of the |
15 | | officers, directors, agents, or employees of any
savings |
16 | | bank.
|
17 | | (5) To prescribe a uniform manner in which the books |
18 | | and
records of every savings bank are to be maintained.
|
19 | | (6) To establish a reasonable fee
structure for savings |
20 | | banks and holding companies operating under
this Act and |
21 | | for their service corporations and subsidiaries.
The fees |
22 | | shall include, but not be limited to, annual fees,
|
23 | | application fees, regular and special examination fees, |
24 | | and other
fees as the Secretary establishes and |
25 | | demonstrates to be
directly resultant from the Secretary's |
26 | | responsibilities under
this Act and as are directly |
|
| | SB1557 Enrolled | - 100 - | LRB101 08168 SMS 53234 b |
|
|
1 | | attributable to individual entities
operating under this |
2 | | Act. The aggregate of all moneys collected by
the Secretary |
3 | | on and after the effective date of this Act shall
be paid |
4 | | promptly after receipt of the same, accompanied by a
|
5 | | detailed statement thereof, into the Savings Bank |
6 | | Regulatory Fund established under Section 9002.1 of this |
7 | | Act. Nothing
in this Act shall prevent continuing the |
8 | | practice of paying expenses involving
salaries, |
9 | | retirement, social security, and State-paid insurance of |
10 | | State
officers by appropriation from the General Revenue |
11 | | Fund. The Secretary may require payment of the fees under |
12 | | this Act by an electronic transfer of funds or an automatic |
13 | | debit of an account of each of the savings banks.
|
14 | | (b) Notwithstanding the provisions of subsection (a), the |
15 | | Secretary shall not: |
16 | | (1) issue an order against a savings bank or holding |
17 | | company organized under this Act for unsafe or unsound |
18 | | banking practices solely because the entity provides or has |
19 | | provided financial services to a cannabis-related |
20 | | legitimate business; |
21 | | (2) prohibit, penalize, or otherwise discourage a |
22 | | savings bank or holding company organized under this Act |
23 | | from providing financial services to a cannabis-related |
24 | | legitimate business solely because the entity provides or |
25 | | has provided financial services to a cannabis-related |
26 | | legitimate business; |
|
| | SB1557 Enrolled | - 101 - | LRB101 08168 SMS 53234 b |
|
|
1 | | (3) recommend, incentivize, or encourage a savings |
2 | | bank or holding company organized under this Act not to |
3 | | offer financial services to an account holder or to |
4 | | downgrade or cancel the financial services offered to an |
5 | | account holder solely because: |
6 | | (A) the account holder is a manufacturer or |
7 | | producer, or is the owner, operator, or employee of, a |
8 | | cannabis-related legitimate business; |
9 | | (B) the account holder later becomes an owner or |
10 | | operator of a cannabis-related legitimate business; or |
11 | | (C) the savings bank or holding company organized |
12 | | under this Act was not aware that the account holder is |
13 | | the owner or operator of a cannabis-related legitimate |
14 | | business; or |
15 | | (4) take any adverse or corrective supervisory action |
16 | | on a loan made to an owner or operator of: |
17 | | (A) a cannabis-related legitimate business solely |
18 | | because the owner or operator owns or operates a |
19 | | cannabis-related legitimate business; or |
20 | | (B) real estate or equipment that is leased to a |
21 | | cannabis-related legitimate business solely because |
22 | | the owner or operator of the real estate or equipment |
23 | | leased the equipment or real estate to a |
24 | | cannabis-related legitimate business. |
25 | | (Source: P.A. 97-492, eff. 1-1-12; 98-1081, eff. 1-1-15 .)
|
|
| | SB1557 Enrolled | - 102 - | LRB101 08168 SMS 53234 b |
|
|
1 | | Section 23. The Smoke Free Illinois Act is amended by |
2 | | changing Section 35 as follows: |
3 | | (410 ILCS 82/35) |
4 | | Sec. 35. Exemptions. Notwithstanding any other provision |
5 | | of this Act, smoking is allowed in the following areas: |
6 | | (1) Private residences or dwelling places, except when |
7 | | used as a child care, adult day care, or healthcare |
8 | | facility or any other home-based business open to the |
9 | | public. |
10 | | (2) Retail tobacco stores as defined in Section 10 of |
11 | | this Act in operation prior to the effective date of this |
12 | | amendatory Act of the 95th General Assembly. The retail |
13 | | tobacco store shall annually file with the Department by |
14 | | January 31st an affidavit stating the percentage of its |
15 | | gross income during the prior calendar year that was |
16 | | derived from the sale of loose tobacco, plants, or herbs |
17 | | and cigars, cigarettes, pipes, or other smoking devices for |
18 | | smoking tobacco and related smoking accessories. Any |
19 | | retail tobacco store that begins operation after the |
20 | | effective date of this amendatory Act may only qualify for |
21 | | an exemption if located in a freestanding structure |
22 | | occupied solely by the business and smoke from the business |
23 | | does not migrate into an enclosed area where smoking is |
24 | | prohibited. A retail tobacco store may, with authorization |
25 | | or permission from a unit of local government, including a |
|
| | SB1557 Enrolled | - 103 - | LRB101 08168 SMS 53234 b |
|
|
1 | | home rule unit, or any non-home rule county within the |
2 | | unincorporated territory of the county, allow the |
3 | | on-premises consumption of cannabis in a specially |
4 | | designated areas. |
5 | | (3) (Blank). |
6 | | (4) Hotel and motel sleeping rooms that are rented to |
7 | | guests and are designated as smoking rooms, provided that |
8 | | all smoking rooms on the same floor must be contiguous and |
9 | | smoke from these rooms must not infiltrate into nonsmoking |
10 | | rooms or other areas where smoking is prohibited. Not more |
11 | | than 25% of the rooms rented to guests in a hotel or motel |
12 | | may be designated as rooms where smoking is allowed. The |
13 | | status of rooms as smoking or nonsmoking may not be |
14 | | changed, except to permanently add additional nonsmoking |
15 | | rooms. |
16 | | (5) Enclosed laboratories that are excluded from the |
17 | | definition of "place of employment" in Section 10 of this |
18 | | Act. Rulemaking authority to implement this amendatory Act |
19 | | of the 95th General Assembly, if any, is conditioned on the |
20 | | rules being adopted in accordance with all provisions of |
21 | | the Illinois Administrative Procedure Act and all rules and |
22 | | procedures of the Joint Committee on Administrative Rules; |
23 | | any purported rule not so adopted, for whatever reason, is |
24 | | unauthorized. |
25 | | (6) Common smoking rooms in long-term care facilities
|
26 | | operated under the authority of the Illinois Department of
|
|
| | SB1557 Enrolled | - 104 - | LRB101 08168 SMS 53234 b |
|
|
1 | | Veterans' Affairs or licensed under the Nursing Home Care |
2 | | Act that are accessible only to residents who
are smokers |
3 | | and have requested in writing to have access to
the common |
4 | | smoking room where smoking is permitted and the
smoke shall |
5 | | not infiltrate other areas of the long-term care facility. |
6 | | Rulemaking authority to implement this amendatory Act of |
7 | | the 95th General Assembly, if any, is conditioned on the |
8 | | rules being adopted in accordance with all provisions of |
9 | | the Illinois Administrative Procedure Act and all rules and |
10 | | procedures of the Joint Committee on Administrative Rules; |
11 | | any purported rule not so adopted, for whatever reason, is |
12 | | unauthorized. |
13 | | (7) A convention hall of the Donald E. Stephens |
14 | | Convention Center where a meeting or trade show for
|
15 | | manufacturers and suppliers of tobacco and tobacco
|
16 | | products and accessories is being held, during the time the
|
17 | | meeting or trade show is occurring, if the meeting or trade
|
18 | | show: |
19 | | (i) is a trade-only event and not open to the
|
20 | | public; |
21 | | (ii) is limited to attendees and exhibitors that
|
22 | | are 21 years of age or older; |
23 | | (iii) is being produced or organized by a business
|
24 | | relating to tobacco or a professional association for
|
25 | | convenience stores; and |
26 | | (iv) involves the display of tobacco products. |
|
| | SB1557 Enrolled | - 105 - | LRB101 08168 SMS 53234 b |
|
|
1 | | Smoking is not allowed in any public area outside of
|
2 | | the hall designated for the meeting or trade show. |
3 | | This
paragraph (7) is inoperative on and after October |
4 | | 1, 2015. |
5 | | (8) A dispensing organization, as defined in the |
6 | | Cannabis Regulation and Tax Act, authorized or permitted by |
7 | | a unit local government to allow on-site consumption of |
8 | | cannabis, if the establishment: (1) maintains a specially |
9 | | designated area or areas for the purpose of heating, |
10 | | burning, smoking, or lighting cannabis; (2) is limited to |
11 | | individuals 21 or older; and (3) maintains a locked door or |
12 | | barrier to any specially designated areas for the purpose |
13 | | of heating, burning, smoking or lighting cannabis. |
14 | | (Source: P.A. 98-1023, eff. 8-22-14.) |
15 | | Section 24. The Compassionate Use of Medical Cannabis |
16 | | Program Act is amended by changing Sections 60 and 210 as |
17 | | follows: |
18 | | (410 ILCS 130/60)
|
19 | | Sec. 60. Issuance of registry identification cards.
|
20 | | (a) Except as provided in subsection (b), the Department of |
21 | | Public Health shall:
|
22 | | (1) verify the information contained in an application |
23 | | or renewal for a registry identification card submitted |
24 | | under this Act, and approve or deny an application or |
|
| | SB1557 Enrolled | - 106 - | LRB101 08168 SMS 53234 b |
|
|
1 | | renewal, within 90 days of receiving a completed |
2 | | application or renewal application and all supporting |
3 | | documentation specified in Section 55;
|
4 | | (2) issue registry identification cards to a |
5 | | qualifying patient and his or her designated caregiver, if |
6 | | any, within 15 business days of approving the application |
7 | | or renewal;
|
8 | | (3) enter the registry identification number of the |
9 | | registered dispensing organization the patient designates |
10 | | into the verification system; and
|
11 | | (4) allow for an electronic application process, and |
12 | | provide a confirmation by electronic or other methods that |
13 | | an application has been submitted.
|
14 | | Notwithstanding any other provision of this Act, the |
15 | | Department of Public Health shall adopt rules for qualifying |
16 | | patients and applicants with life-long debilitating medical |
17 | | conditions, who may be charged annual renewal fees. The |
18 | | Department of Public Health shall not require patients and |
19 | | applicants with life-long debilitating medical conditions to |
20 | | apply to renew registry identification cards. |
21 | | (b) The Department of Public Health may not issue a |
22 | | registry identification card to a qualifying patient who is |
23 | | under 18 years of age, unless that patient suffers from |
24 | | seizures, including those characteristic of epilepsy, or as |
25 | | provided by administrative rule. The Department of Public |
26 | | Health shall adopt rules for the issuance of a registry |
|
| | SB1557 Enrolled | - 107 - | LRB101 08168 SMS 53234 b |
|
|
1 | | identification card for qualifying patients who are under 18 |
2 | | years of age and suffering from seizures, including those |
3 | | characteristic of epilepsy.
The Department of Public Health may |
4 | | adopt rules to allow other individuals under 18 years of age to |
5 | | become registered qualifying patients under this Act with the |
6 | | consent of a parent or legal guardian. Registered qualifying |
7 | | patients under 18 21 years of age shall be prohibited from |
8 | | consuming forms of cannabis other than medical cannabis infused |
9 | | products and purchasing any usable cannabis or paraphernalia |
10 | | used for smoking or vaping medical cannabis . |
11 | | (c) A veteran who has received treatment at a VA hospital |
12 | | is deemed to have a bona fide health care professional-patient |
13 | | relationship with a VA certifying health care professional if |
14 | | the patient has been seen for his or her debilitating medical |
15 | | condition at the VA hospital in accordance with VA hospital |
16 | | protocols.
All reasonable inferences regarding the existence |
17 | | of a bona fide health care professional-patient relationship |
18 | | shall be drawn in favor of an applicant who is a veteran and |
19 | | has undergone treatment at a VA hospital.
|
20 | | (c-10) An individual who submits an application as someone |
21 | | who is terminally ill shall have all fees waived. The |
22 | | Department of Public Health shall within 30 days after this |
23 | | amendatory Act of the 99th General Assembly adopt emergency |
24 | | rules to expedite approval for terminally ill individuals. |
25 | | These rules shall include, but not be limited to, rules that |
26 | | provide that applications by individuals with terminal |
|
| | SB1557 Enrolled | - 108 - | LRB101 08168 SMS 53234 b |
|
|
1 | | illnesses shall be approved or denied within 14 days of their |
2 | | submission. |
3 | | (d) No later than 6 months after the effective date of this |
4 | | amendatory Act of the 101st General Assembly, the Secretary of |
5 | | State shall remove all existing notations on driving records |
6 | | that the person is a registered qualifying patient or his or |
7 | | her caregiver under this Act. Upon the approval of the |
8 | | registration and issuance of a registry card under this |
9 | | Section, the Department of Public Health shall forward the |
10 | | designated caregiver or registered qualified patient's |
11 | | driver's registration number to the Secretary of State and |
12 | | certify that the individual is permitted to engage in the |
13 | | medical use of cannabis. For the purposes of law enforcement, |
14 | | the Secretary of State shall make a notation on the person's |
15 | | driving record stating the person is a registered qualifying |
16 | | patient who is entitled to the lawful medical use of cannabis. |
17 | | If the person no longer holds a valid registry card, the |
18 | | Department shall notify the Secretary of State and the |
19 | | Secretary of State shall remove the notation from the person's |
20 | | driving record. The Department and the Secretary of State may |
21 | | establish a system by which the information may be shared |
22 | | electronically.
|
23 | | (e) Upon the approval of the registration and issuance of a |
24 | | registry card under this Section, the Department of Public |
25 | | Health shall electronically forward the registered qualifying |
26 | | patient's identification card information to the Prescription |
|
| | SB1557 Enrolled | - 109 - | LRB101 08168 SMS 53234 b |
|
|
1 | | Monitoring Program established under the Illinois Controlled |
2 | | Substances Act and certify that the individual is permitted to |
3 | | engage in the medical use of cannabis. For the purposes of |
4 | | patient care, the Prescription Monitoring Program shall make a |
5 | | notation on the person's prescription record stating that the |
6 | | person is a registered qualifying patient who is entitled to |
7 | | the lawful medical use of cannabis. If the person no longer |
8 | | holds a valid registry card, the Department of Public Health |
9 | | shall notify the Prescription Monitoring Program and |
10 | | Department of Human Services to remove the notation from the |
11 | | person's record. The Department of Human Services and the |
12 | | Prescription Monitoring Program shall establish a system by |
13 | | which the information may be shared electronically. This |
14 | | confidential list may not be combined or linked in any manner |
15 | | with any other list or database except as provided in this |
16 | | Section. |
17 | | (f) (Blank). |
18 | | (Source: P.A. 100-1114, eff. 8-28-18; 101-363, eff. 8-9-19.) |
19 | | (410 ILCS 130/210)
|
20 | | Sec. 210. Returns. |
21 | | (a) This subsection (a) applies to returns due on or before |
22 | | the effective date of this amendatory Act of the 101st General |
23 | | Assembly. On or before the twentieth day of each calendar |
24 | | month, every person subject to the tax imposed under this Law |
25 | | during the preceding calendar month shall file a return with |
|
| | SB1557 Enrolled | - 110 - | LRB101 08168 SMS 53234 b |
|
|
1 | | the Department, stating: |
2 | | (1) The name of the taxpayer; |
3 | | (2) The number of ounces of medical cannabis sold to a |
4 | | dispensing dispensary organization or a registered |
5 | | qualifying patient during the preceding calendar month; |
6 | | (3) The amount of tax due; |
7 | | (4) The signature of the taxpayer; and |
8 | | (5) Such other reasonable information as the
|
9 | | Department may require. |
10 | | If a taxpayer fails to sign a return within 30 days after |
11 | | the proper notice and demand for signature by the Department, |
12 | | the return shall be considered valid and any amount shown to be |
13 | | due on the return shall be deemed assessed. |
14 | | The taxpayer shall remit the amount of the tax due to the |
15 | | Department at the time the taxpayer files his or her return.
|
16 | | (b) Beginning on the effective date of this amendatory Act |
17 | | of the 101st General Assembly, Section 65-20 of the Cannabis |
18 | | Regulation and Tax Act shall apply to returns filed and taxes |
19 | | paid under this Act to the same extent as if those provisions |
20 | | were set forth in full in this Section. |
21 | | (Source: P.A. 101-27, eff. 6-25-19 .) |
22 | | Section 25. The Cannabis Regulation and Tax Act is amended |
23 | | by changing Sections 1-5, 1-10, 5-5, 5-15, 5-20, 5-25, 7-1, |
24 | | 7-10, 7-15, 7-25, 10-5, 10-10, 10-15, 10-25, 10-30, 10-35, |
25 | | 10-40, 10-50, 15-15, 15-20, 15-25, 15-30, 15-35, 15-36, 15-40, |
|
| | SB1557 Enrolled | - 111 - | LRB101 08168 SMS 53234 b |
|
|
1 | | 15-55, 15-65, 15-70, 15-75, 15-85, 15-95, 15-100, 15-145, |
2 | | 15-155, 20-10, 20-15, 20-20, 20-30, 25-1, 25-10, 30-5, 30-10, |
3 | | 30-15, 30-30, 35-5, 35-15, 35-25, 35-31, 40-5, 40-10, 40-15, |
4 | | 40-20, 40-25, 40-30, 40-35, 40-40, 45-5, 50-5, 55-10, 55-20, |
5 | | 55-21, 55-25, 55-28, 55-30, 55-35, 55-65, 55-80, 55-85, 55-95, |
6 | | 60-5, 60-20, 65-5, 65-10, and 65-15 and by adding Section 1-7 |
7 | | as follows: |
8 | | (410 ILCS 705/1-5)
|
9 | | Sec. 1-5. Findings. |
10 | | (a) In the interest of allowing law enforcement to focus on |
11 | | violent and property crimes, generating revenue for education, |
12 | | substance abuse prevention and treatment, freeing public |
13 | | resources to invest in communities and other public purposes, |
14 | | and individual freedom, the General Assembly finds and declares |
15 | | that the use of cannabis should be legal for persons 21 years |
16 | | of age or older and should be taxed in a manner similar to |
17 | | alcohol. |
18 | | (b) In the interest of the health and public safety of the |
19 | | residents of Illinois, the General Assembly further finds and |
20 | | declares that cannabis should be regulated in a manner similar |
21 | | to alcohol so that: |
22 | | (1) persons will have to show proof of age before |
23 | | purchasing cannabis; |
24 | | (2) selling, distributing, or transferring cannabis to |
25 | | minors and other persons under 21 years of age shall remain |
|
| | SB1557 Enrolled | - 112 - | LRB101 08168 SMS 53234 b |
|
|
1 | | illegal; |
2 | | (3) driving under the influence of cannabis , operating |
3 | | a watercraft under the influence of cannabis, and operating |
4 | | a snowmobile under the influence of cannabis shall remain |
5 | | illegal; |
6 | | (4) legitimate, taxpaying business people, and not |
7 | | criminal actors, will conduct sales of cannabis; |
8 | | (5) cannabis sold in this State will be tested, |
9 | | labeled, and subject to additional regulation to ensure |
10 | | that purchasers are informed and protected; and |
11 | | (6) purchasers will be informed of any known health |
12 | | risks associated with the use of cannabis, as concluded by |
13 | | evidence-based, peer reviewed research. |
14 | | (c) The General Assembly further finds and declares that it |
15 | | is necessary to ensure consistency and fairness in the |
16 | | application of this Act throughout the State and that, |
17 | | therefore, the matters addressed by this Act are, except as |
18 | | specified in this Act, matters of statewide concern. |
19 | | (d) The General Assembly further finds and declares that |
20 | | this Act shall not diminish the State's duties and commitment |
21 | | to seriously ill patients registered under the Compassionate |
22 | | Use of Medical Cannabis Pilot Program Act, nor alter the |
23 | | protections granted to them. |
24 | | (e) The General Assembly supports and encourages labor |
25 | | neutrality in the cannabis industry and further finds and |
26 | | declares that employee workplace safety shall not be diminished |
|
| | SB1557 Enrolled | - 113 - | LRB101 08168 SMS 53234 b |
|
|
1 | | and employer workplace policies shall be interpreted broadly to |
2 | | protect employee safety.
|
3 | | (Source: P.A. 101-27, eff. 6-25-19.) |
4 | | (410 ILCS 705/1-7 new) |
5 | | Sec. 1-7. Lawful user and lawful products. For the purposes |
6 | | of this Act and to clarify the legislative findings on the |
7 | | lawful use of cannabis, a person shall not be considered an |
8 | | unlawful user or addicted to narcotics solely as a result of |
9 | | his or her possession or use of cannabis or cannabis |
10 | | paraphernalia in accordance with this Act. |
11 | | (410 ILCS 705/1-10)
|
12 | | Sec. 1-10. Definitions. In this Act: |
13 | | "Adult Use Cultivation Center License" means a license |
14 | | issued by the Department of Agriculture that permits a person |
15 | | to act as a cultivation center under this Act and any |
16 | | administrative rule made in furtherance of this Act. |
17 | | "Adult Use Dispensing Organization License" means a |
18 | | license issued by the Department of Financial and Professional |
19 | | Regulation that permits a person to act as a dispensing |
20 | | organization under this Act and any administrative rule made in |
21 | | furtherance of this Act. |
22 | | "Advertise" means to engage in promotional activities |
23 | | including, but not limited to: newspaper, radio, Internet and |
24 | | electronic media, and television advertising; the distribution |
|
| | SB1557 Enrolled | - 114 - | LRB101 08168 SMS 53234 b |
|
|
1 | | of fliers and circulars; billboard advertising; and the display |
2 | | of window and interior signs. "Advertise" does not mean |
3 | | exterior signage displaying only the name of the licensed |
4 | | cannabis business establishment. |
5 | | "BLS Region" means a region in Illinois used by the United |
6 | | States Bureau of Labor Statistics to gather and categorize |
7 | | certain employment and wage data. The 17 such regions in |
8 | | Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion, |
9 | | Champaign-Urbana, Chicago-Naperville-Elgin, Danville, |
10 | | Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria, |
11 | | Rockford, St. Louis, Springfield, Northwest Illinois |
12 | | nonmetropolitan area, West Central Illinois nonmetropolitan |
13 | | area, East Central Illinois nonmetropolitan area, and South |
14 | | Illinois nonmetropolitan area. |
15 | | "Cannabis" means marijuana, hashish, and other substances |
16 | | that are identified as including any parts of the plant |
17 | | Cannabis sativa and including derivatives or subspecies, such |
18 | | as indica, of all strains of cannabis, whether growing or not; |
19 | | the seeds thereof, the resin extracted from any part of the |
20 | | plant; and any compound, manufacture, salt, derivative, |
21 | | mixture, or preparation of the plant, its seeds, or resin, |
22 | | including tetrahydrocannabinol (THC) and all other naturally |
23 | | produced cannabinol derivatives, whether produced directly or |
24 | | indirectly by extraction; however, "cannabis" does not include |
25 | | the mature stalks of the plant, fiber produced from the stalks, |
26 | | oil or cake made from the seeds of the plant, any other |
|
| | SB1557 Enrolled | - 115 - | LRB101 08168 SMS 53234 b |
|
|
1 | | compound, manufacture, salt, derivative, mixture, or |
2 | | preparation of the mature stalks (except the resin extracted |
3 | | from it), fiber, oil or cake, or the sterilized seed of the |
4 | | plant that is incapable of germination. "Cannabis" does not |
5 | | include industrial hemp as defined and authorized under the |
6 | | Industrial Hemp Act. "Cannabis" also means cannabis flower, |
7 | | concentrate , and cannabis-infused products. |
8 | | "Cannabis business establishment" means a cultivation |
9 | | center, craft grower, processing organization, infuser |
10 | | organization, dispensing organization, or transporting |
11 | | organization. |
12 | | "Cannabis concentrate" means a product derived from |
13 | | cannabis that is produced by extracting cannabinoids , |
14 | | including tetrahydrocannabinol (THC), from the plant through |
15 | | the use of propylene glycol, glycerin, butter, olive oil or |
16 | | other typical cooking fats; water, ice, or dry ice; or butane, |
17 | | propane, CO 2 , ethanol, or isopropanol and with the intended use |
18 | | of smoking or making a cannabis-infused product . The use of any |
19 | | other solvent is expressly prohibited unless and until it is |
20 | | approved by the Department of Agriculture. |
21 | | "Cannabis container" means a sealed, traceable, container, |
22 | | or package used for the purpose of containment of cannabis or |
23 | | cannabis-infused product during transportation. |
24 | | "Cannabis flower" means marijuana, hashish, and other |
25 | | substances that are identified as including any parts of the |
26 | | plant Cannabis sativa and including derivatives or subspecies, |
|
| | SB1557 Enrolled | - 116 - | LRB101 08168 SMS 53234 b |
|
|
1 | | such as indica, of all strains of cannabis; including raw kief, |
2 | | leaves, and buds, but not resin that has been extracted from |
3 | | any part of such plant; nor any compound, manufacture, salt, |
4 | | derivative, mixture, or preparation of such plant, its seeds, |
5 | | or resin. |
6 | | "Cannabis-infused product" means a beverage, food, oil, |
7 | | ointment, tincture, topical formulation, or another product |
8 | | containing cannabis or cannabis concentrate that is not |
9 | | intended to be smoked. |
10 | | "Cannabis paraphernalia" means equipment, products, or |
11 | | materials intended to be used for planting, propagating, |
12 | | cultivating, growing, harvesting, manufacturing, producing, |
13 | | processing, preparing, testing, analyzing, packaging, |
14 | | repackaging, storing, containing, concealing, ingesting, or |
15 | | otherwise introducing cannabis into the human body. |
16 | | "Cannabis plant monitoring system" or "plant monitoring |
17 | | system" means a system that includes, but is not limited to, |
18 | | testing and data collection established and maintained by the |
19 | | cultivation center, craft grower, or processing organization |
20 | | and that is available to the Department of Revenue, the |
21 | | Department of Agriculture, the Department of Financial and |
22 | | Professional Regulation, and the Department of State Police for |
23 | | the purposes of documenting each cannabis plant and monitoring |
24 | | plant development throughout the life cycle of a cannabis plant |
25 | | cultivated for the intended use by a customer from seed |
26 | | planting to final packaging. |
|
| | SB1557 Enrolled | - 117 - | LRB101 08168 SMS 53234 b |
|
|
1 | | "Cannabis testing facility" means an entity registered by |
2 | | the Department of Agriculture to test cannabis for potency and |
3 | | contaminants. |
4 | | "Clone" means a plant section from a female cannabis plant |
5 | | not yet rootbound, growing in a water solution or other |
6 | | propagation matrix, that is capable of developing into a new |
7 | | plant. |
8 | | "Community College Cannabis Vocational Training Pilot |
9 | | Program faculty participant" means a person who is 21 years of |
10 | | age or older, licensed by the Department of Agriculture, and is |
11 | | employed or contracted by an Illinois community college to |
12 | | provide student instruction using cannabis plants at an |
13 | | Illinois Community College. |
14 | | "Community College Cannabis Vocational Training Pilot |
15 | | Program faculty participant Agent Identification Card" means a |
16 | | document issued by the Department of Agriculture that |
17 | | identifies a person as Community College Cannabis Vocational |
18 | | Training Pilot Program faculty participant. |
19 | | "Conditional Adult Use Dispensing Organization License" |
20 | | means a license awarded to top-scoring applicants for an Adult |
21 | | Use Dispensing Organization License that reserves the right to |
22 | | an Adult Use Dispensing Organization License adult use |
23 | | dispensing organization license if the applicant meets certain |
24 | | conditions described in this Act, but does not entitle the |
25 | | recipient to begin purchasing or selling cannabis or |
26 | | cannabis-infused products. |
|
| | SB1557 Enrolled | - 118 - | LRB101 08168 SMS 53234 b |
|
|
1 | | "Conditional Adult Use Cultivation Center License" means a |
2 | | license awarded to top-scoring applicants for an Adult Use |
3 | | Cultivation Center License that reserves the right to an Adult |
4 | | Use Cultivation Center License if the applicant meets certain |
5 | | conditions as determined by the Department of Agriculture by |
6 | | rule, but does not entitle the recipient to begin growing, |
7 | | processing, or selling cannabis or cannabis-infused products. |
8 | | "Craft grower" means a facility operated by an organization |
9 | | or business that is licensed by the Department of Agriculture |
10 | | to cultivate, dry, cure, and package cannabis and perform other |
11 | | necessary activities to make cannabis available for sale at a |
12 | | dispensing organization or use at a processing organization. A |
13 | | craft grower may contain up to 5,000 square feet of canopy |
14 | | space on its premises for plants in the flowering state. The |
15 | | Department of Agriculture may authorize an increase or decrease |
16 | | of flowering stage cultivation space in increments of 3,000 |
17 | | square feet by rule based on market need, craft grower |
18 | | capacity, and the licensee's history of compliance or |
19 | | noncompliance, with a maximum space of 14,000 square feet for |
20 | | cultivating plants in the flowering stage, which must be |
21 | | cultivated in all stages of growth in an enclosed and secure |
22 | | area. A craft grower may share premises with a processing |
23 | | organization or a dispensing organization, or both, provided |
24 | | each licensee stores currency and cannabis or cannabis-infused |
25 | | products in a separate secured vault to which the other |
26 | | licensee does not have access or all licensees sharing a vault |
|
| | SB1557 Enrolled | - 119 - | LRB101 08168 SMS 53234 b |
|
|
1 | | share more than 50% of the same ownership. |
2 | | "Craft grower agent" means a principal officer, board |
3 | | member, employee, or other agent of a craft grower who is 21 |
4 | | years of age or older. |
5 | | "Craft Grower Agent Identification Card" means a document |
6 | | issued by the Department of Agriculture that identifies a |
7 | | person as a craft grower agent. |
8 | | "Cultivation center" means a facility operated by an |
9 | | organization or business that is licensed by the Department of |
10 | | Agriculture to cultivate, process, transport (unless otherwise |
11 | | limited by this Act), and perform other necessary activities to |
12 | | provide cannabis and cannabis-infused products to cannabis |
13 | | business establishments. |
14 | | "Cultivation center agent" means a principal officer, |
15 | | board member, employee, or other agent of a cultivation center |
16 | | who is 21 years of age or older. |
17 | | "Cultivation Center Agent Identification Card" means a |
18 | | document issued by the Department of Agriculture that |
19 | | identifies a person as a cultivation center agent. |
20 | | "Currency" means currency and coin of the United States. |
21 | | "Dispensary" means a facility operated by a dispensing |
22 | | organization at which activities licensed by this Act may |
23 | | occur. |
24 | | "Dispensing organization" means a facility operated by an |
25 | | organization or business that is licensed by the Department of |
26 | | Financial and Professional Regulation to acquire cannabis from |
|
| | SB1557 Enrolled | - 120 - | LRB101 08168 SMS 53234 b |
|
|
1 | | a cultivation center, craft grower, processing organization, |
2 | | or another dispensary for the purpose of selling or dispensing |
3 | | cannabis, cannabis-infused products, cannabis seeds, |
4 | | paraphernalia, or related supplies under this Act to purchasers |
5 | | or to qualified registered medical cannabis patients and |
6 | | caregivers. As used in this Act, "dispensing dispensary |
7 | | organization " includes shall include a registered medical |
8 | | cannabis organization as defined in the Compassionate Use of |
9 | | Medical Cannabis Pilot Program Act or its successor Act that |
10 | | has obtained an Early Approval Adult Use Dispensing |
11 | | Organization License. |
12 | | "Dispensing organization agent" means a principal officer, |
13 | | employee, or agent of a dispensing organization who is 21 years |
14 | | of age or older. |
15 | | "Dispensing organization agent identification card" means |
16 | | a document issued by the Department of Financial and |
17 | | Professional Regulation that identifies a person as a |
18 | | dispensing organization agent. |
19 | | "Disproportionately Impacted Area" means a census tract or |
20 | | comparable geographic area that satisfies the following |
21 | | criteria as determined by the Department of Commerce and |
22 | | Economic Opportunity, that: |
23 | | (1) meets at least one of the following criteria: |
24 | | (A) the area has a poverty rate of at least 20% |
25 | | according to the latest federal decennial census; or |
26 | | (B) 75% or more of the children in the area |
|
| | SB1557 Enrolled | - 121 - | LRB101 08168 SMS 53234 b |
|
|
1 | | participate in the federal free lunch program |
2 | | according to reported statistics from the State Board |
3 | | of Education; or |
4 | | (C) at least 20% of the households in the area |
5 | | receive assistance under the Supplemental Nutrition |
6 | | Assistance Program; or |
7 | | (D) the area has an average unemployment rate, as |
8 | | determined by the Illinois Department of Employment |
9 | | Security, that is more than 120% of the national |
10 | | unemployment average, as determined by the United |
11 | | States Department of Labor, for a period of at least 2 |
12 | | consecutive calendar years preceding the date of the |
13 | | application; and |
14 | | (2) has high rates of arrest, conviction, and |
15 | | incarceration related to the sale, possession, use, |
16 | | cultivation, manufacture, or transport of cannabis. |
17 | | "Early Approval Adult Use Cultivation Center License" |
18 | | means a license that permits a medical cannabis cultivation |
19 | | center licensed under the Compassionate Use of Medical Cannabis |
20 | | Pilot Program Act as of the effective date of this Act to begin |
21 | | cultivating, infusing, packaging, transporting (unless |
22 | | otherwise provided in this Act), processing and selling |
23 | | cannabis or cannabis-infused product to cannabis business |
24 | | establishments for resale to purchasers as permitted by this |
25 | | Act as of January 1, 2020. |
26 | | "Early Approval Adult Use Dispensing Organization License" |
|
| | SB1557 Enrolled | - 122 - | LRB101 08168 SMS 53234 b |
|
|
1 | | means a license that permits a medical cannabis dispensing |
2 | | organization licensed under the Compassionate Use of Medical |
3 | | Cannabis Pilot Program Act as of the effective date of this Act |
4 | | to begin selling cannabis or cannabis-infused product to |
5 | | purchasers as permitted by this Act as of January 1, 2020. |
6 | | "Early Approval Adult Use Dispensing Organization at a |
7 | | secondary site" means a license that permits a medical cannabis |
8 | | dispensing organization licensed under the Compassionate Use |
9 | | of Medical Cannabis Pilot Program Act as of the effective date |
10 | | of this Act to begin selling cannabis or cannabis-infused |
11 | | product to purchasers as permitted by this Act on January 1, |
12 | | 2020 at a different dispensary location from its existing |
13 | | registered medical dispensary location. |
14 | | "Enclosed, locked facility" means a room, greenhouse, |
15 | | building, or other enclosed area equipped with locks or other |
16 | | security devices that permit access only by cannabis business |
17 | | establishment agents working for the licensed cannabis |
18 | | business establishment or acting pursuant to this Act to |
19 | | cultivate, process, store, or distribute cannabis. |
20 | | "Enclosed, locked space" means a closet, room, greenhouse, |
21 | | building or other enclosed area equipped with locks or other |
22 | | security devices that permit access only by authorized |
23 | | individuals under this Act. "Enclosed, locked space" may |
24 | | include: |
25 | | (1) a space within a residential building that (i) is |
26 | | the primary residence of the individual cultivating 5 or |
|
| | SB1557 Enrolled | - 123 - | LRB101 08168 SMS 53234 b |
|
|
1 | | fewer cannabis plants that are more than 5 inches tall and |
2 | | (ii) includes sleeping quarters and indoor plumbing. The |
3 | | space must only be accessible by a key or code that is |
4 | | different from any key or code that can be used to access |
5 | | the residential building from the exterior; or |
6 | | (2) a structure, such as a shed or greenhouse, that |
7 | | lies on the same plot of land as a residential building |
8 | | that (i) includes sleeping quarters and indoor plumbing and |
9 | | (ii) is used as a primary residence by the person |
10 | | cultivating 5 or fewer cannabis plants that are more than 5 |
11 | | inches tall, such as a shed or greenhouse. The structure |
12 | | must remain locked when it is unoccupied by people. |
13 | | "Financial institution" has the same meaning as "financial |
14 | | organization" as defined in Section 1501 of the Illinois Income |
15 | | Tax Act, and also includes the holding companies, subsidiaries, |
16 | | and affiliates of such financial organizations. |
17 | | "Flowering stage" means the stage of cultivation where and |
18 | | when a cannabis plant is cultivated to produce plant material |
19 | | for cannabis products. This includes mature plants as follows: |
20 | | (1) if greater than 2 stigmas are visible at each |
21 | | internode of the plant; or |
22 | | (2) if the cannabis plant is in an area that has been |
23 | | intentionally deprived of light for a period of time |
24 | | intended to produce flower buds and induce maturation, from |
25 | | the moment the light deprivation began through the |
26 | | remainder of the marijuana plant growth cycle. |
|
| | SB1557 Enrolled | - 124 - | LRB101 08168 SMS 53234 b |
|
|
1 | | "Individual" means a natural person. |
2 | | "Infuser organization" or "infuser" means a facility |
3 | | operated by an organization or business that is licensed by the |
4 | | Department of Agriculture to directly incorporate cannabis or |
5 | | cannabis concentrate into a product formulation to produce a |
6 | | cannabis-infused product. |
7 | | "Kief" means the resinous crystal-like trichomes that are |
8 | | found on cannabis and that are accumulated, resulting in a |
9 | | higher concentration of cannabinoids, untreated by heat or |
10 | | pressure, or extracted using a solvent. |
11 | | "Labor peace agreement" means an agreement between a |
12 | | cannabis business establishment and any labor organization |
13 | | recognized under the National Labor Relations Act, referred to |
14 | | in this Act as a bona fide labor organization, that prohibits |
15 | | labor organizations and members from engaging in picketing, |
16 | | work stoppages, boycotts, and any other economic interference |
17 | | with the cannabis business establishment. This agreement means |
18 | | that the cannabis business establishment has agreed not to |
19 | | disrupt efforts by the bona fide labor organization to |
20 | | communicate with, and attempt to organize and represent, the |
21 | | cannabis business establishment's employees. The agreement |
22 | | shall provide a bona fide labor organization access at |
23 | | reasonable times to areas in which the cannabis business |
24 | | establishment's employees work, for the purpose of meeting with |
25 | | employees to discuss their right to representation, employment |
26 | | rights under State law, and terms and conditions of employment. |
|
| | SB1557 Enrolled | - 125 - | LRB101 08168 SMS 53234 b |
|
|
1 | | This type of agreement shall not mandate a particular method of |
2 | | election or certification of the bona fide labor organization. |
3 | | "Limited access area" means a building, room , or other area |
4 | | under the control of a cannabis dispensing organization |
5 | | licensed under this Act and upon the licensed premises where |
6 | | cannabis sales occur with access limited to purchasers, |
7 | | dispensing organization owners and other dispensing |
8 | | organization agents, or service professionals conducting |
9 | | business with the dispensing organization , or, if sales to |
10 | | registered qualifying patients, caregivers, provisional |
11 | | patients, and Opioid Alternative Pilot Program participants |
12 | | licensed pursuant to the Compassionate Use of Medical Cannabis |
13 | | Program Act are also permitted at the dispensary, registered |
14 | | qualifying patients, caregivers, provisional patients, and |
15 | | Opioid Alternative Pilot Program participants . |
16 | | "Member of an impacted family" means an individual who has |
17 | | a parent, legal guardian, child, spouse, or dependent, or was a |
18 | | dependent of an individual who, prior to the effective date of |
19 | | this Act, was arrested for, convicted of, or adjudicated |
20 | | delinquent for any offense that is eligible for expungement |
21 | | under this Act. |
22 | | "Mother plant" means a cannabis plant that is cultivated or |
23 | | maintained for the purpose of generating clones, and that will |
24 | | not be used to produce plant material for sale to an infuser or |
25 | | dispensing organization. |
26 | | "Ordinary public view" means within the sight line with |
|
| | SB1557 Enrolled | - 126 - | LRB101 08168 SMS 53234 b |
|
|
1 | | normal visual range of a person, unassisted by visual aids, |
2 | | from a public street or sidewalk adjacent to real property, or |
3 | | from within an adjacent property. |
4 | | "Ownership and control" means ownership of at least 51% of |
5 | | the business, including corporate stock if a corporation, and |
6 | | control over the management and day-to-day operations of the |
7 | | business and an interest in the capital, assets, and profits |
8 | | and losses of the business proportionate to percentage of |
9 | | ownership. |
10 | | "Person" means a natural individual, firm, partnership, |
11 | | association, joint stock company, joint venture, public or |
12 | | private corporation, limited liability company, or a receiver, |
13 | | executor, trustee, guardian, or other representative appointed |
14 | | by order of any court. |
15 | | "Possession limit" means the amount of cannabis under |
16 | | Section 10-10 that may be possessed at any one time by a person |
17 | | 21 years of age or older or who is a registered qualifying |
18 | | medical cannabis patient or caregiver under the Compassionate |
19 | | Use of Medical Cannabis Pilot Program Act. |
20 | | "Principal officer" includes a cannabis business |
21 | | establishment applicant or licensed cannabis business |
22 | | establishment's board member, owner with more than 1% interest |
23 | | of the total cannabis business establishment or more than 5% |
24 | | interest of the total cannabis business establishment of a |
25 | | publicly traded company, president, vice president, secretary, |
26 | | treasurer, partner, officer, member, manager member, or person |
|
| | SB1557 Enrolled | - 127 - | LRB101 08168 SMS 53234 b |
|
|
1 | | with a profit sharing, financial interest, or revenue sharing |
2 | | arrangement. The definition includes a person with authority to |
3 | | control the cannabis business establishment, a person who |
4 | | assumes responsibility for the debts of the cannabis business |
5 | | establishment and who is further defined in this Act. |
6 | | "Primary residence" means a dwelling where a person usually |
7 | | stays or stays more often than other locations. It may be |
8 | | determined by, without limitation, presence, tax filings; |
9 | | address on an Illinois driver's license, an Illinois |
10 | | Identification Card, or an Illinois Person with a Disability |
11 | | Identification Card; or voter registration. No person may have |
12 | | more than one primary residence. |
13 | | "Processing organization" or "processor" means a facility |
14 | | operated by an organization or business that is licensed by the |
15 | | Department of Agriculture to either extract constituent |
16 | | chemicals or compounds to produce cannabis concentrate or |
17 | | incorporate cannabis or cannabis concentrate into a product |
18 | | formulation to produce a cannabis product. |
19 | | "Processing organization agent" means a principal officer, |
20 | | board member, employee, or agent of a processing organization. |
21 | | "Processing organization agent identification card" means |
22 | | a document issued by the Department of Agriculture that |
23 | | identifies a person as a processing organization agent. |
24 | | "Purchaser" means a person 21 years of age or older who |
25 | | acquires cannabis for a valuable consideration. "Purchaser" |
26 | | does not include a cardholder under the Compassionate Use of |
|
| | SB1557 Enrolled | - 128 - | LRB101 08168 SMS 53234 b |
|
|
1 | | Medical Cannabis Pilot Program Act. |
2 | | "Qualified Social Equity Applicant" means a Social Equity |
3 | | Applicant who has been awarded a conditional license under this |
4 | | Act to operate a cannabis business establishment. |
5 | | "Resided" means an individual's primary residence was |
6 | | located within the relevant geographic area as established by 2 |
7 | | of the following: |
8 | | (1) a signed lease agreement that includes the |
9 | | applicant's name; |
10 | | (2) a property deed that includes the applicant's name; |
11 | | (3) school records; |
12 | | (4) a voter registration card; |
13 | | (5) an Illinois driver's license, an Illinois |
14 | | Identification Card, or an Illinois Person with a |
15 | | Disability Identification Card; |
16 | | (6) a paycheck stub; |
17 | | (7) a utility bill; |
18 | | (8) tax records; or |
19 | | (9) (8) any other proof of residency or other |
20 | | information necessary to establish residence as provided |
21 | | by rule. |
22 | | "Smoking" means the inhalation of smoke caused by the |
23 | | combustion of cannabis. |
24 | | "Social Equity Applicant" means an applicant that is an |
25 | | Illinois resident that meets one of the following criteria: |
26 | | (1) an applicant with at least 51% ownership and |
|
| | SB1557 Enrolled | - 129 - | LRB101 08168 SMS 53234 b |
|
|
1 | | control by one or more individuals who have resided for at |
2 | | least 5 of the preceding 10 years in a Disproportionately |
3 | | Impacted Area; |
4 | | (2) an applicant with at least 51% ownership and |
5 | | control by one or more individuals who:
|
6 | | (i) have been arrested for, convicted of, or |
7 | | adjudicated delinquent for any offense that is |
8 | | eligible for expungement under this Act; or
|
9 | | (ii) is a member of an impacted family; |
10 | | (3) for applicants with a minimum of 10 full-time |
11 | | employees, an applicant with at least 51% of current |
12 | | employees who: |
13 | | (i) currently reside in a Disproportionately |
14 | | Impacted Area; or |
15 | | (ii) have been arrested for, convicted of, or |
16 | | adjudicated delinquent for any offense that is |
17 | | eligible for expungement under this Act or member of an |
18 | | impacted family. |
19 | | Nothing in this Act shall be construed to preempt or limit |
20 | | the duties of any employer under the Job Opportunities for |
21 | | Qualified Applicants Act. Nothing in this Act shall permit an |
22 | | employer to require an employee to disclose sealed or expunged |
23 | | offenses, unless otherwise required by law. |
24 | | "Tincture" means a cannabis-infused solution, typically |
25 | | comprised of alcohol, glycerin, or vegetable oils, derived |
26 | | either directly from the cannabis plant or from a processed |
|
| | SB1557 Enrolled | - 130 - | LRB101 08168 SMS 53234 b |
|
|
1 | | cannabis extract. A tincture is not an alcoholic liquor as |
2 | | defined in the Liquor Control Act of 1934. A tincture shall |
3 | | include a calibrated dropper or other similar device capable of |
4 | | accurately measuring servings. |
5 | | "Transporting organization" or "transporter" means an |
6 | | organization or business that is licensed by the Department of |
7 | | Agriculture to transport cannabis or cannabis-infused product |
8 | | on behalf of a cannabis business establishment or a community |
9 | | college licensed under the Community
College Cannabis |
10 | | Vocational Training Pilot Program.
|
11 | | "Transporting organization agent" means a principal |
12 | | officer, board member, employee, or agent of a transporting |
13 | | organization. |
14 | | "Transporting organization agent identification card" |
15 | | means a document issued by the Department of Agriculture that |
16 | | identifies a person as a transporting organization agent. |
17 | | "Unit of local government" means any county, city, village, |
18 | | or incorporated town. |
19 | | "Vegetative stage" means the stage of cultivation in which |
20 | | a cannabis plant is propagated to produce additional cannabis |
21 | | plants or reach a sufficient size for production. This includes |
22 | | seedlings, clones, mothers, and other immature cannabis plants |
23 | | as follows: |
24 | | (1) if the cannabis plant is in an area that has not |
25 | | been intentionally deprived of light for a period of time |
26 | | intended to produce flower buds and induce maturation, it |
|
| | SB1557 Enrolled | - 131 - | LRB101 08168 SMS 53234 b |
|
|
1 | | has no more than 2 stigmas visible at each internode of the |
2 | | cannabis plant; or |
3 | | (2) any cannabis plant that is cultivated solely for |
4 | | the purpose of propagating clones and is never used to |
5 | | produce cannabis.
|
6 | | (Source: P.A. 101-27, eff. 6-25-19.) |
7 | | (410 ILCS 705/5-5)
|
8 | | Sec. 5-5. Sharing of authority. Notwithstanding any |
9 | | provision of or law to the contrary, any authority granted to |
10 | | any State agency or State employees or appointees under the |
11 | | Compassionate Use of Medical Cannabis Pilot Program Act shall |
12 | | be shared by any State agency or State employees or appointees |
13 | | given authority to license, discipline, revoke, regulate, or |
14 | | make rules under this Act.
|
15 | | (Source: P.A. 101-27, eff. 6-25-19.) |
16 | | (410 ILCS 705/5-15)
|
17 | | Sec. 5-15. Department of Financial and Professional |
18 | | Regulation. The Department of Financial and Professional |
19 | | Regulation shall enforce the provisions of this Act relating to |
20 | | the oversight and registration of dispensing organizations and |
21 | | agents, including the issuance of identification cards for |
22 | | dispensing organization agents. The Department of Financial |
23 | | and Professional Regulation may suspend or revoke the license |
24 | | of, or otherwise discipline dispensing organizations, |
|
| | SB1557 Enrolled | - 132 - | LRB101 08168 SMS 53234 b |
|
|
1 | | principal officers, agents-in-charge, and agents impose other |
2 | | penalties upon, dispensing organizations for violations of |
3 | | this Act and any rules adopted under this Act.
|
4 | | (Source: P.A. 101-27, eff. 6-25-19.) |
5 | | (410 ILCS 705/5-20)
|
6 | | Sec. 5-20. Background checks. |
7 | | (a) Through the Department of State Police, the licensing |
8 | | or issuing Department shall conduct a criminal history record |
9 | | check of the prospective principal officers, board members, and |
10 | | agents of a cannabis business establishment applying for a |
11 | | license or identification card under this Act. |
12 | | Each cannabis business establishment prospective principal |
13 | | officer, board member, or agent shall submit his or her |
14 | | fingerprints to the Department of State Police in the form and |
15 | | manner prescribed by the Department of State Police. |
16 | | Unless otherwise provided in this Act, such Such |
17 | | fingerprints shall be transmitted through a live scan |
18 | | fingerprint vendor licensed by the Department of Financial and |
19 | | Professional Regulation. These fingerprints shall be checked |
20 | | against the fingerprint records now and hereafter filed in the |
21 | | Department of State Police and Federal Bureau of Investigation |
22 | | criminal history records databases. The Department of State |
23 | | Police shall charge a fee for conducting the criminal history |
24 | | record check, which shall be deposited into the State Police |
25 | | Services Fund and shall not exceed the actual cost of the State |
|
| | SB1557 Enrolled | - 133 - | LRB101 08168 SMS 53234 b |
|
|
1 | | and national criminal history record check. The Department of |
2 | | State Police shall furnish, pursuant to positive |
3 | | identification, all Illinois conviction information and shall |
4 | | forward the national criminal history record information to: |
5 | | (i) the Department of Agriculture, with respect to a |
6 | | cultivation center, craft grower, infuser organization, or |
7 | | transporting organization; or |
8 | | (ii) the Department of Financial and Professional |
9 | | Regulation, with respect to a dispensing organization. |
10 | | (b) When applying for the initial license or identification |
11 | | card, the background checks for all prospective principal |
12 | | officers, board members, and agents shall be completed before |
13 | | submitting the application to the licensing or issuing agency. |
14 | | (c) All applications for licensure under this Act by |
15 | | applicants with criminal convictions shall be subject to |
16 | | Sections 2105-131, 2105-135, and 2105-205 of the Department of |
17 | | Professional Regulation Law of the Civil Administrative Code of |
18 | | Illinois.
|
19 | | (Source: P.A. 101-27, eff. 6-25-19.) |
20 | | (410 ILCS 705/5-25)
|
21 | | Sec. 5-25. Department of Public Health to make health |
22 | | warning recommendations. |
23 | | (a) The Department of Public Health shall make |
24 | | recommendations to the Department of Agriculture and the |
25 | | Department of Financial and Professional Regulation on |
|
| | SB1557 Enrolled | - 134 - | LRB101 08168 SMS 53234 b |
|
|
1 | | appropriate health warnings for dispensaries and advertising, |
2 | | which may apply to all cannabis products, including item-type |
3 | | specific labeling or warning requirements, regulate the |
4 | | facility where cannabis-infused products are made, regulate |
5 | | cannabis-infused products as provided in subsection (e) of |
6 | | Section 55-5, and facilitate the Adult Use Cannabis Health |
7 | | Advisory Committee. |
8 | | (b) An Adult Use Cannabis Health Advisory Committee is |
9 | | hereby created and shall meet at least twice annually. The |
10 | | Chairperson may schedule meetings more frequently upon his or |
11 | | her initiative or upon the request of a Committee member. |
12 | | Meetings may be held in person or by teleconference. The |
13 | | Committee shall discuss and monitor changes in drug use data in |
14 | | Illinois and the emerging science and medical information |
15 | | relevant to the health effects associated with cannabis use and |
16 | | may provide recommendations to the Department of Human Services |
17 | | about public health awareness campaigns and messages. The |
18 | | Committee shall include the following members appointed by the |
19 | | Governor and shall represent the geographic, ethnic, and racial |
20 | | diversity of the State: |
21 | | (1) The Director of Public Health, or his or her |
22 | | designee, who shall serve as the Chairperson. |
23 | | (2) The Secretary of Human Services, or his or her |
24 | | designee, who shall serve as the Co-Chairperson. |
25 | | (3) A representative of the poison control center. |
26 | | (4) A pharmacologist. |
|
| | SB1557 Enrolled | - 135 - | LRB101 08168 SMS 53234 b |
|
|
1 | | (5) A pulmonologist. |
2 | | (6) An emergency room physician. |
3 | | (7) An emergency medical technician, paramedic, or |
4 | | other first responder. |
5 | | (8) A nurse practicing in a school-based setting. |
6 | | (9) A psychologist. |
7 | | (10) A neonatologist. |
8 | | (11) An obstetrician-gynecologist. |
9 | | (12) A drug epidemiologist. |
10 | | (13) A medical toxicologist. |
11 | | (14) An addiction psychiatrist. |
12 | | (15) A pediatrician. |
13 | | (16) A representative of a statewide professional |
14 | | public health organization. |
15 | | (17) A representative of a statewide hospital/health |
16 | | system association. |
17 | | (18) An individual registered as a patient in the |
18 | | Compassionate Use of Medical Cannabis Pilot Program. |
19 | | (19) An individual registered as a caregiver in the |
20 | | Compassionate Use of Medical Cannabis Pilot Program. |
21 | | (20) A representative of an organization focusing on |
22 | | cannabis-related policy. |
23 | | (21) A representative of an organization focusing on |
24 | | the civil liberties of individuals who reside in Illinois. |
25 | | (22) A representative of the criminal defense or civil |
26 | | aid community of attorneys serving Disproportionately |
|
| | SB1557 Enrolled | - 136 - | LRB101 08168 SMS 53234 b |
|
|
1 | | Impacted Areas. |
2 | | (23) A representative of licensed cannabis business |
3 | | establishments. |
4 | | (24) A Social Equity Applicant. |
5 | | (25) A representative of a statewide community-based |
6 | | substance use disorder treatment provider association. |
7 | | (26) A representative of a statewide community-based |
8 | | mental health treatment provider association. |
9 | | (27) A representative of a community-based substance |
10 | | use disorder treatment provider. |
11 | | (28) A representative of a community-based mental |
12 | | health treatment provider. |
13 | | (29) A substance use disorder treatment patient |
14 | | representative. |
15 | | (30) A mental health treatment patient representative. |
16 | | (c) The Committee shall provide a report by September 30, |
17 | | 2021, and every year thereafter, to the General Assembly. The |
18 | | Department of Public Health shall make the report available on |
19 | | its website.
|
20 | | (Source: P.A. 101-27, eff. 6-25-19.) |
21 | | (410 ILCS 705/7-1)
|
22 | | Sec. 7-1. Findings. |
23 | | (a) The General Assembly finds that the medical cannabis |
24 | | industry, established in 2014 through the Compassionate Use of |
25 | | Medical Cannabis Pilot Program Act, has shown that additional |
|
| | SB1557 Enrolled | - 137 - | LRB101 08168 SMS 53234 b |
|
|
1 | | efforts are needed to reduce barriers to ownership. Through |
2 | | that program, 55 licenses for dispensing organizations and 20 |
3 | | licenses for cultivation centers have been issued. Those |
4 | | licenses are held by only a small number of businesses, the |
5 | | ownership of which does not sufficiently meet the General |
6 | | Assembly's interest in business ownership that reflects the |
7 | | population of the State of Illinois and that demonstrates the |
8 | | need to reduce barriers to entry for individuals and |
9 | | communities most adversely impacted by the enforcement of |
10 | | cannabis-related laws. |
11 | | (b) In the interest of establishing a legal cannabis |
12 | | industry that is equitable and accessible to those most |
13 | | adversely impacted by the enforcement of drug-related laws in |
14 | | this State, including cannabis-related laws, the General |
15 | | Assembly finds and declares that a social equity program should |
16 | | be established. |
17 | | (c) The General Assembly also finds and declares that |
18 | | individuals who have been arrested or incarcerated due to drug |
19 | | laws suffer long-lasting negative consequences, including |
20 | | impacts to employment, business ownership, housing, health, |
21 | | and long-term financial well-being. |
22 | | (d) The General Assembly also finds and declares that |
23 | | family members, especially children, and communities of those |
24 | | who have been arrested or incarcerated due to drug laws, suffer |
25 | | from emotional, psychological, and financial harms as a result |
26 | | of such arrests or incarcerations. |
|
| | SB1557 Enrolled | - 138 - | LRB101 08168 SMS 53234 b |
|
|
1 | | (e) Furthermore, the General Assembly finds and declares |
2 | | that certain communities have disproportionately suffered the |
3 | | harms of enforcement of cannabis-related laws. Those |
4 | | communities face greater difficulties accessing traditional |
5 | | banking systems and capital for establishing businesses. |
6 | | (f) The General Assembly also finds that individuals who |
7 | | have resided in areas of high poverty suffer negative |
8 | | consequences, including barriers to entry in employment, |
9 | | business ownership, housing, health, and long-term financial |
10 | | well-being. |
11 | | (g) The General Assembly also finds and declares that |
12 | | promotion of business ownership by individuals who have resided |
13 | | in areas of high poverty and high enforcement of |
14 | | cannabis-related laws furthers an equitable cannabis industry. |
15 | | (h) Therefore, in the interest of remedying the harms |
16 | | resulting from the disproportionate enforcement of |
17 | | cannabis-related laws, the General Assembly finds and declares |
18 | | that a social equity program should offer, among other things, |
19 | | financial assistance and license application benefits to |
20 | | individuals most directly and adversely impacted by the |
21 | | enforcement of cannabis-related laws who are interested in |
22 | | starting cannabis business establishments.
|
23 | | (Source: P.A. 101-27, eff. 6-25-19.) |
24 | | (410 ILCS 705/7-10)
|
25 | | Sec. 7-10. Cannabis Business Development Fund. |
|
| | SB1557 Enrolled | - 139 - | LRB101 08168 SMS 53234 b |
|
|
1 | | (a) There is created in the State treasury a special fund, |
2 | | which shall be held separate and apart from all other State |
3 | | moneys, to be known as the Cannabis Business Development Fund. |
4 | | The Cannabis Business Development Fund shall be exclusively |
5 | | used for the following purposes: |
6 | | (1) to provide low-interest rate loans to Qualified |
7 | | Social Equity Applicants to pay for ordinary and necessary |
8 | | expenses to start and operate a cannabis business |
9 | | establishment permitted by this Act; |
10 | | (2) to provide grants to Qualified Social Equity |
11 | | Applicants to pay for ordinary and necessary expenses to |
12 | | start and operate a cannabis business establishment |
13 | | permitted by this Act; |
14 | | (3) to compensate the Department of Commerce and |
15 | | Economic Opportunity for any costs related to the provision |
16 | | of low-interest loans and grants to Qualified Social Equity |
17 | | Applicants; |
18 | | (4) to pay for outreach that may be provided or |
19 | | targeted to attract and support Social Equity Applicants |
20 | | and Qualified Social Equity Applicants ; |
21 | | (5) (blank); |
22 | | (6) to conduct any study or research concerning the |
23 | | participation of minorities, women, veterans, or people |
24 | | with disabilities in the cannabis industry, including, |
25 | | without limitation, barriers to such individuals entering |
26 | | the industry as equity owners of cannabis business |
|
| | SB1557 Enrolled | - 140 - | LRB101 08168 SMS 53234 b |
|
|
1 | | establishments; |
2 | | (7) (blank); and |
3 | | (8) to assist with job training and technical |
4 | | assistance for residents in Disproportionately Impacted |
5 | | Areas. |
6 | | (b) All moneys collected under Sections 15-15 and 15-20 for |
7 | | Early Approval Adult Use Dispensing Organization Licenses |
8 | | issued before January 1, 2021 and remunerations made as a |
9 | | result of transfers of permits awarded to Qualified Social |
10 | | Equity Applicants shall be deposited into the Cannabis Business |
11 | | Development Fund. |
12 | | (c) As soon as practical after July 1, 2019, the |
13 | | Comptroller shall order and the Treasurer shall transfer |
14 | | $12,000,000 from the Compassionate Use of Medical Cannabis Fund |
15 | | to the Cannabis Business Development Fund. |
16 | | (d) Notwithstanding any other law to the contrary, the |
17 | | Cannabis Business Development Fund is not subject to sweeps, |
18 | | administrative charge-backs, or any other fiscal or budgetary |
19 | | maneuver that would in any way transfer any amounts from the |
20 | | Cannabis Business Development Fund into any other fund of the |
21 | | State.
|
22 | | (Source: P.A. 101-27, eff. 6-25-19.) |
23 | | (410 ILCS 705/7-15)
|
24 | | Sec. 7-15. Loans and grants to Social Equity Applicants. |
25 | | (a) The Department of Commerce and Economic Opportunity |
|
| | SB1557 Enrolled | - 141 - | LRB101 08168 SMS 53234 b |
|
|
1 | | shall establish grant and loan programs, subject to |
2 | | appropriations from the Cannabis Business Development Fund, |
3 | | for the purposes of providing financial assistance, loans, |
4 | | grants, and technical assistance to Social Equity Applicants. |
5 | | (b) The Department of Commerce and Economic Opportunity has |
6 | | the power to: |
7 | | (1) provide Cannabis Social Equity loans and grants |
8 | | from appropriations from the Cannabis Business Development |
9 | | Fund to assist Qualified Social Equity Applicants in |
10 | | gaining entry to, and successfully operating in, the |
11 | | State's regulated cannabis marketplace; |
12 | | (2) enter into agreements that set forth terms and |
13 | | conditions of the financial assistance, accept funds or |
14 | | grants, and engage in cooperation with private entities and |
15 | | agencies of State or local government to carry out the |
16 | | purposes of this Section; |
17 | | (3) fix, determine, charge, and collect any premiums, |
18 | | fees, charges, costs and expenses, including application |
19 | | fees, commitment fees, program fees, financing charges, or |
20 | | publication fees in connection with its activities under |
21 | | this Section; |
22 | | (4) coordinate assistance under these loan programs |
23 | | with activities of the Illinois Department of Financial and |
24 | | Professional Regulation, the Illinois Department of |
25 | | Agriculture, and other agencies as needed to maximize the |
26 | | effectiveness and efficiency of this Act; |
|
| | SB1557 Enrolled | - 142 - | LRB101 08168 SMS 53234 b |
|
|
1 | | (5) provide staff, administration, and related support |
2 | | required to administer this Section; |
3 | | (6) take whatever actions are necessary or appropriate |
4 | | to protect the State's interest in the event of bankruptcy, |
5 | | default, foreclosure, or noncompliance with the terms and |
6 | | conditions of financial assistance provided under this |
7 | | Section, including the ability to recapture funds if the |
8 | | recipient is found to be noncompliant with the terms and |
9 | | conditions of the financial assistance agreement; |
10 | | (7) establish application, notification, contract, and |
11 | | other forms, procedures, or rules deemed necessary and |
12 | | appropriate; and |
13 | | (8) utilize vendors or contract work to carry out the |
14 | | purposes of this Act. |
15 | | (c) Loans made under this Section: |
16 | | (1) shall only be made if, in the Department's |
17 | | judgment, the project furthers the goals set forth in this |
18 | | Act; and |
19 | | (2) shall be in such principal amount and form and |
20 | | contain such terms and provisions with respect to security, |
21 | | insurance, reporting, delinquency charges, default |
22 | | remedies, and other matters as the Department shall |
23 | | determine appropriate to protect the public interest and to |
24 | | be consistent with the purposes of this Section. The terms |
25 | | and provisions may be less than required for similar loans |
26 | | not covered by this Section. |
|
| | SB1557 Enrolled | - 143 - | LRB101 08168 SMS 53234 b |
|
|
1 | | (d) Grants made under this Section shall be awarded on a |
2 | | competitive and annual basis under the Grant Accountability and |
3 | | Transparency Act. Grants made under this Section shall further |
4 | | and promote the goals of this Act, including promotion of |
5 | | Social Equity Applicants, job training and workforce |
6 | | development, and technical assistance to Social Equity |
7 | | Applicants. |
8 | | (e) Beginning January 1, 2021 and each year thereafter, the |
9 | | Department shall annually report to the Governor and the |
10 | | General Assembly on the outcomes and effectiveness of this |
11 | | Section that shall include the following: |
12 | | (1) the number of persons or businesses receiving |
13 | | financial assistance under this Section; |
14 | | (2) the amount in financial assistance awarded in the |
15 | | aggregate, in addition to the amount of loans made that are |
16 | | outstanding and the amount of grants awarded; |
17 | | (3) the location of the project engaged in by the |
18 | | person or business; and |
19 | | (4) if applicable, the number of new jobs and other |
20 | | forms of economic output created as a result of the |
21 | | financial assistance. |
22 | | (f) The Department of Commerce and Economic Opportunity |
23 | | shall include engagement with individuals with limited English |
24 | | proficiency as part of its outreach provided or targeted to |
25 | | attract and support Social Equity Applicants.
|
26 | | (Source: P.A. 101-27, eff. 6-25-19.) |
|
| | SB1557 Enrolled | - 144 - | LRB101 08168 SMS 53234 b |
|
|
1 | | (410 ILCS 705/7-25)
|
2 | | Sec. 7-25. Transfer of license awarded to Qualified Social |
3 | | Equity Applicant. |
4 | | (a) In the event a Qualified Social Equity Applicant seeks |
5 | | to transfer, sell, or grant a cannabis business establishment |
6 | | license within 5 years after it was issued to a person or |
7 | | entity that does not qualify as a Social Equity Applicant, the |
8 | | transfer agreement shall require the new license holder to pay |
9 | | the Cannabis Business Development Fund an amount equal to: |
10 | | (1) any fees that were waived by any State agency based |
11 | | on the applicant's status as a Social Equity Applicant, if |
12 | | applicable; |
13 | | (2) any outstanding amount owed by the Qualified Social |
14 | | Equity Applicant for a loan through the Cannabis Business |
15 | | Development Fund, if applicable; and |
16 | | (3) the full amount of any grants that the Qualified |
17 | | Social Equity Applicant received from the Department of |
18 | | Commerce and Economic Opportunity, if applicable. |
19 | | (b) Transfers of cannabis business establishment licenses |
20 | | awarded to a Social Equity Applicant are subject to all other |
21 | | provisions of this Act, the Compassionate Use of Medical |
22 | | Cannabis Pilot Program Act, and rules regarding transfers.
|
23 | | (Source: P.A. 101-27, eff. 6-25-19.) |
24 | | (410 ILCS 705/10-5)
|
|
| | SB1557 Enrolled | - 145 - | LRB101 08168 SMS 53234 b |
|
|
1 | | Sec. 10-5. Personal use of cannabis; restrictions on |
2 | | cultivation; penalties. |
3 | | (a) Beginning January 1, 2020, notwithstanding any other |
4 | | provision of law, and except as otherwise provided in this Act, |
5 | | the following acts are not a violation of this Act and shall |
6 | | not be a criminal or civil offense under State law or the |
7 | | ordinances of any unit of local government of this State or be |
8 | | a basis for seizure or forfeiture of assets under State law for |
9 | | persons other than natural individuals under 21 years of age: |
10 | | (1) possession, consumption, use, purchase, obtaining, |
11 | | or transporting cannabis paraphernalia or an amount of |
12 | | cannabis for personal use that does not exceed the |
13 | | possession limit under Section 10-10 or otherwise in |
14 | | accordance with the requirements of this Act; |
15 | | (2) cultivation of cannabis for personal use in |
16 | | accordance with the requirements of this Act; and |
17 | | (3) controlling property if actions that are |
18 | | authorized by this Act occur on the property in accordance |
19 | | with this Act. |
20 | | (a-1) Beginning January 1, 2020, notwithstanding any other |
21 | | provision of law, and except as otherwise provided in this Act, |
22 | | possessing, consuming, using, purchasing, obtaining, or |
23 | | transporting cannabis paraphernalia or an amount of cannabis |
24 | | purchased or produced in accordance with this Act that does not |
25 | | exceed the possession limit under subsection (a) of Section |
26 | | 10-10 shall not be a basis for seizure or forfeiture of assets |
|
| | SB1557 Enrolled | - 146 - | LRB101 08168 SMS 53234 b |
|
|
1 | | under State law. |
2 | | (b) Cultivating cannabis for personal use is subject to the |
3 | | following limitations: |
4 | | (1) An Illinois resident 21 years of age or older who |
5 | | is a registered qualifying patient under the Compassionate |
6 | | Use of Medical Cannabis Pilot Program Act may cultivate |
7 | | cannabis plants, with a limit of 5 plants that are more |
8 | | than 5 inches tall, per household without a cultivation |
9 | | center or craft grower license. In this Section, "resident" |
10 | | means a person who has been domiciled in the State of |
11 | | Illinois for a period of 30 days before cultivation. |
12 | | (2) Cannabis cultivation must take place in an |
13 | | enclosed, locked space. |
14 | | (3) Adult registered qualifying patients may purchase |
15 | | cannabis seeds from a dispensary for the purpose of home |
16 | | cultivation. Seeds may not be given or sold to any other |
17 | | person. |
18 | | (4) Cannabis plants shall not be stored or placed in a |
19 | | location where they are subject to ordinary public view, as |
20 | | defined in this Act. A registered qualifying patient who |
21 | | cultivates cannabis under this Section shall take |
22 | | reasonable precautions to ensure the plants are secure from |
23 | | unauthorized access, including unauthorized access by a |
24 | | person under 21 years of age. |
25 | | (5) Cannabis cultivation may occur only on residential |
26 | | property lawfully in possession of the cultivator or with |
|
| | SB1557 Enrolled | - 147 - | LRB101 08168 SMS 53234 b |
|
|
1 | | the consent of the person in lawful possession of the |
2 | | property. An owner or lessor of residential property may |
3 | | prohibit the cultivation of cannabis by a lessee. |
4 | | (6) (Blank). |
5 | | (7) A dwelling, residence, apartment, condominium |
6 | | unit, enclosed, locked space, or piece of property not |
7 | | divided into multiple dwelling units shall not contain more |
8 | | than 5 plants at any one time. |
9 | | (8) Cannabis plants may only be tended by registered |
10 | | qualifying patients who reside at the residence, or their |
11 | | authorized agent attending to the residence for brief |
12 | | periods, such as when the qualifying patient is temporarily |
13 | | away from the residence. |
14 | | (9) A registered qualifying patient who cultivates |
15 | | more than the allowable number of cannabis plants, or who |
16 | | sells or gives away cannabis plants, cannabis, or |
17 | | cannabis-infused products produced under this Section, is |
18 | | liable for penalties as provided by law, including the |
19 | | Cannabis Control Act, in addition to loss of home |
20 | | cultivation privileges as established by rule.
|
21 | | (Source: P.A. 101-27, eff. 6-25-19.) |
22 | | (410 ILCS 705/10-10)
|
23 | | Sec. 10-10. Possession limit. |
24 | | (a) Except if otherwise authorized by this Act, for a |
25 | | person who is 21 years of age or older and a resident of this |
|
| | SB1557 Enrolled | - 148 - | LRB101 08168 SMS 53234 b |
|
|
1 | | State, the possession limit is as follows: |
2 | | (1) 30 grams of cannabis flower; |
3 | | (2) no more than 500 milligrams of THC contained in |
4 | | cannabis-infused product; |
5 | | (3) 5 grams of cannabis concentrate; and |
6 | | (4) for registered qualifying patients, any cannabis |
7 | | produced by cannabis plants grown under subsection (b) of |
8 | | Section 10-5, provided any amount of cannabis produced in |
9 | | excess of 30 grams of raw cannabis or its equivalent must |
10 | | remain secured within the residence or residential |
11 | | property in which it was grown. |
12 | | (b) For a person who is 21 years of age or older and who is |
13 | | not a resident of this State, the possession limit is: |
14 | | (1) 15 grams of cannabis flower; |
15 | | (2) 2.5 grams of cannabis concentrate; and |
16 | | (3) 250 milligrams of THC contained in a |
17 | | cannabis-infused product. |
18 | | (c) The possession limits found in subsections (a) and (b) |
19 | | of this Section are to be considered cumulative. |
20 | | (d) No person shall knowingly obtain, seek to obtain, or |
21 | | possess an amount of cannabis from a dispensing organization or |
22 | | craft grower that would cause him or her to exceed the |
23 | | possession limit under this Section, including cannabis that is |
24 | | cultivated by a person under this Act or obtained under the |
25 | | Compassionate Use of Medical Cannabis Pilot Program Act.
|
26 | | (e) Cannabis and cannabis-derived substances regulated |
|
| | SB1557 Enrolled | - 149 - | LRB101 08168 SMS 53234 b |
|
|
1 | | under the Industrial Hemp Act are not covered by this Act. |
2 | | (Source: P.A. 101-27, eff. 6-25-19.) |
3 | | (410 ILCS 705/10-15)
|
4 | | Sec. 10-15. Persons under 21 years of age. |
5 | | (a) Nothing in this Act is intended to permit the transfer |
6 | | of cannabis, with or without remuneration, to a person under 21 |
7 | | years of age, or to allow a person under 21 years of age to |
8 | | purchase, possess, use, process, transport, grow, or consume |
9 | | cannabis except where authorized by the Compassionate Use of |
10 | | Medical Cannabis Pilot Program Act or by the Community College |
11 | | Cannabis Vocational Pilot Program. |
12 | | (b) Notwithstanding any other provisions of law |
13 | | authorizing the possession of medical cannabis, nothing in this |
14 | | Act authorizes a person who is under 21 years of age to possess |
15 | | cannabis. A person under 21 years of age with cannabis in his |
16 | | or her possession is guilty of a civil law violation as |
17 | | outlined in paragraph (a) of Section 4 of the Cannabis Control |
18 | | Act. |
19 | | (c) If the person under the age of 21 was in a motor |
20 | | vehicle at the time of the offense, the Secretary of State may |
21 | | suspend or revoke the driving privileges of any person for a |
22 | | violation of this Section under Section 6-206 of the Illinois |
23 | | Vehicle Code and the rules adopted under it. |
24 | | (d) It is unlawful for any parent or guardian to knowingly |
25 | | permit his or her residence, any other private property under |
|
| | SB1557 Enrolled | - 150 - | LRB101 08168 SMS 53234 b |
|
|
1 | | his or her control, or any vehicle, conveyance, or watercraft |
2 | | under his or her control to be used by an invitee of the |
3 | | parent's child or the guardian's ward, if the invitee is under |
4 | | the age of 21, in a manner that constitutes a violation of this |
5 | | Section. A parent or guardian is deemed to have knowingly |
6 | | permitted his or her residence, any other private property |
7 | | under his or her control, or any vehicle, conveyance, or |
8 | | watercraft under his or her control to be used in violation of |
9 | | this Section if he or she knowingly authorizes or permits |
10 | | consumption of cannabis by underage invitees. Any person who |
11 | | violates this subsection (d) is guilty of a Class A misdemeanor |
12 | | and the person's sentence shall include, but shall not be |
13 | | limited to, a fine of not less than $500. If a violation of |
14 | | this subsection (d) directly or indirectly results in great |
15 | | bodily harm or death to any person, the person violating this |
16 | | subsection is guilty of a Class 4 felony. In this subsection |
17 | | (d), where the residence or other property has an owner and a |
18 | | tenant or lessee, the trier of fact may infer that the |
19 | | residence or other property is occupied only by the tenant or |
20 | | lessee.
|
21 | | (Source: P.A. 101-27, eff. 6-25-19.) |
22 | | (410 ILCS 705/10-25)
|
23 | | Sec. 10-25. Immunities and presumptions related to the use |
24 | | of cannabis by purchasers. |
25 | | (a) A purchaser who is 21 years of age or older is not |
|
| | SB1557 Enrolled | - 151 - | LRB101 08168 SMS 53234 b |
|
|
1 | | subject to arrest, prosecution, denial of any right or |
2 | | privilege, or other punishment including, but not limited to, |
3 | | any civil penalty or disciplinary action taken by an |
4 | | occupational or professional licensing board, based solely on |
5 | | the use of cannabis if (1) the purchaser possesses an amount of |
6 | | cannabis that does not exceed the possession limit under |
7 | | Section 10-10 and, if the purchaser is licensed, certified, or |
8 | | registered to practice any trade or profession under any Act |
9 | | and (2) the use of cannabis does not impair that person when he |
10 | | or she is engaged in the practice of the profession for which |
11 | | he or she is licensed, certified, or registered. |
12 | | (b) A purchaser 21 years of age or older is not subject to |
13 | | arrest, prosecution, denial of any right or privilege, or other |
14 | | punishment, including, but not limited to, any civil penalty or |
15 | | disciplinary action taken by an occupational or professional |
16 | | licensing board, based solely for (i) selling cannabis |
17 | | paraphernalia if employed and licensed as a dispensing agent by |
18 | | a dispensing organization ; or (ii) being in the presence or |
19 | | vicinity of the use of cannabis or cannabis paraphernalia as |
20 | | allowed under this Act ; or (iii) possessing cannabis |
21 | | paraphernalia . |
22 | | (c) Mere possession of, or application for, an agent |
23 | | identification card or license does not constitute probable |
24 | | cause or reasonable suspicion to believe that a crime has been |
25 | | committed, nor shall it be used as the sole basis to support |
26 | | the search of the person, property, or home of the person |
|
| | SB1557 Enrolled | - 152 - | LRB101 08168 SMS 53234 b |
|
|
1 | | possessing or applying for the agent identification card. The |
2 | | possession of, or application for, an agent identification card |
3 | | does not preclude the existence of probable cause if probable |
4 | | cause exists based on other grounds. |
5 | | (d) No person employed by the State of Illinois shall be |
6 | | subject to criminal or civil penalties for taking any action in |
7 | | good faith in reliance on this Act when acting within the scope |
8 | | of his or her employment. Representation and indemnification |
9 | | shall be provided to State employees as set forth in Section 2 |
10 | | of the State Employee Indemnification Act. |
11 | | (e) No law enforcement or correctional agency, nor any |
12 | | person employed by a law enforcement or correctional agency, |
13 | | shall be subject to criminal or civil liability, except for |
14 | | willful and wanton misconduct, as a result of taking any action |
15 | | within the scope of the official duties of the agency or person |
16 | | to prohibit or prevent the possession or use of cannabis by a |
17 | | person incarcerated at a correctional facility, jail, or |
18 | | municipal lockup facility, on parole or mandatory supervised |
19 | | release, or otherwise under the lawful jurisdiction of the |
20 | | agency or person. |
21 | | (f) For purposes of receiving medical care, including organ |
22 | | transplants, a person's use of cannabis under this Act does not |
23 | | constitute the use of an illicit substance or otherwise |
24 | | disqualify a person from medical care.
|
25 | | (Source: P.A. 101-27, eff. 6-25-19.) |
|
| | SB1557 Enrolled | - 153 - | LRB101 08168 SMS 53234 b |
|
|
1 | | (410 ILCS 705/10-30)
|
2 | | Sec. 10-30. Discrimination prohibited. |
3 | | (a) Neither the presence of cannabinoid components or |
4 | | metabolites in a person's bodily fluids nor possession of |
5 | | cannabis-related paraphernalia, nor conduct related to the use |
6 | | of cannabis or the participation in cannabis-related |
7 | | activities lawful under this Act by a custodial or noncustodial |
8 | | parent, grandparent, legal guardian, foster parent, or other |
9 | | person charged with the well-being of a child, shall form the |
10 | | sole or primary basis or supporting basis for any action or |
11 | | proceeding by a child welfare agency or in a family or juvenile |
12 | | court, any adverse finding, adverse evidence, or restriction of |
13 | | any right or privilege in a proceeding related to adoption of a |
14 | | child, acting as a foster parent of a child, or a person's |
15 | | fitness to adopt a child or act as a foster parent of a child, |
16 | | or serve as the basis of any adverse finding, adverse evidence, |
17 | | or restriction of any right of privilege in a proceeding |
18 | | related to guardianship, conservatorship, trusteeship, the |
19 | | execution of a will, or the management of an estate, unless the |
20 | | person's actions in relation to cannabis created an |
21 | | unreasonable danger to the safety of the minor or otherwise |
22 | | show the person to not be competent as established by clear and |
23 | | convincing evidence. This subsection applies only to conduct |
24 | | protected under this Act. |
25 | | (b) No landlord may be penalized or denied any benefit |
26 | | under State law for leasing to a person who uses cannabis under |
|
| | SB1557 Enrolled | - 154 - | LRB101 08168 SMS 53234 b |
|
|
1 | | this Act. |
2 | | (c) Nothing in this Act may be construed to require any |
3 | | person or establishment in lawful possession of property to |
4 | | allow a guest, client, lessee, customer, or visitor to use |
5 | | cannabis on or in that property , including on any land owned in |
6 | | whole or in part or managed in whole or in part by the State .
|
7 | | (Source: P.A. 101-27, eff. 6-25-19.) |
8 | | (410 ILCS 705/10-35)
|
9 | | Sec. 10-35. Limitations and penalties. |
10 | | (a) This Act does not permit any person to engage in, and |
11 | | does not prevent the imposition of any civil, criminal, or |
12 | | other penalties for engaging in, any of the following conduct: |
13 | | (1) undertaking any task under the influence of |
14 | | cannabis when doing so would constitute negligence, |
15 | | professional malpractice, or professional misconduct; |
16 | | (2) possessing cannabis: |
17 | | (A) in a school bus, unless permitted for a |
18 | | qualifying patient or caregiver pursuant to the |
19 | | Compassionate Use of Medical Cannabis Pilot Program |
20 | | Act; |
21 | | (B) on the grounds of any preschool or primary or |
22 | | secondary school, unless permitted for a qualifying |
23 | | patient or caregiver pursuant to the Compassionate Use |
24 | | of Medical Cannabis Pilot Program Act; |
25 | | (C) in any correctional facility; |
|
| | SB1557 Enrolled | - 155 - | LRB101 08168 SMS 53234 b |
|
|
1 | | (D) in a vehicle not open to the public unless the |
2 | | cannabis is in a reasonably secured, sealed container |
3 | | and reasonably inaccessible while the vehicle is |
4 | | moving; or |
5 | | (E) in a private residence that is used at any time |
6 | | to provide licensed child care or other similar social |
7 | | service care on the premises; |
8 | | (3) using cannabis: |
9 | | (A) in a school bus, unless permitted for a |
10 | | qualifying patient or caregiver pursuant to the |
11 | | Compassionate Use of Medical Cannabis Pilot Program |
12 | | Act; |
13 | | (B) on the grounds of any preschool or primary or |
14 | | secondary school, unless permitted for a qualifying |
15 | | patient or caregiver pursuant to the Compassionate Use |
16 | | of Medical Cannabis Pilot Program Act; |
17 | | (C) in any correctional facility; |
18 | | (D) in any motor vehicle; |
19 | | (E) in a private residence that is used at any time |
20 | | to provide licensed child care or other similar social |
21 | | service care on the premises; |
22 | | (F) in any public place; or |
23 | | (G) knowingly in close physical proximity to |
24 | | anyone under 21 years of age who is not a registered |
25 | | medical cannabis patient under the Compassionate Use |
26 | | of Medical Cannabis Pilot Program Act; |
|
| | SB1557 Enrolled | - 156 - | LRB101 08168 SMS 53234 b |
|
|
1 | | (4) smoking cannabis in any place where smoking is |
2 | | prohibited under the Smoke Free Illinois Act; |
3 | | (5) operating, navigating, or being in actual physical |
4 | | control of any motor vehicle, aircraft, watercraft, or |
5 | | snowmobile while using or under the influence of cannabis |
6 | | in violation of Section 11-501 or 11-502.1 of the Illinois |
7 | | Vehicle Code, Section 5-16 of the Boat Registration and |
8 | | Safety Act, or Section 5-7 of the Snowmobile Registration |
9 | | and Safety Act or motorboat while using or under the |
10 | | influence of cannabis in violation of Section 11-501 or |
11 | | 11-502.1 of the Illinois Vehicle Code ; |
12 | | (6) facilitating the use of cannabis by any person who |
13 | | is not allowed to use cannabis under this Act or the |
14 | | Compassionate Use of Medical Cannabis Pilot Program Act; |
15 | | (7) transferring cannabis to any person contrary to |
16 | | this Act or the Compassionate Use of Medical Cannabis Pilot |
17 | | Program Act; |
18 | | (8) the use of cannabis by a law enforcement officer, |
19 | | corrections officer, probation officer, or firefighter |
20 | | while on duty ; nothing in this Act prevents a public |
21 | | employer of law enforcement officers, corrections |
22 | | officers, probation officers, paramedics, or firefighters |
23 | | from prohibiting or taking disciplinary action for the |
24 | | consumption, possession, sales, purchase, or delivery of |
25 | | cannabis or cannabis-infused substances while on or off |
26 | | duty, unless provided for in the employer's policies. |
|
| | SB1557 Enrolled | - 157 - | LRB101 08168 SMS 53234 b |
|
|
1 | | However, an employer may not take adverse employment action |
2 | | against an employee based solely on the lawful possession |
3 | | or consumption of cannabis or cannabis-infused substances |
4 | | by members of the employee's household. To the extent that |
5 | | this Section conflicts with any applicable collective |
6 | | bargaining agreement, the provisions of the collective |
7 | | bargaining agreement shall prevail. Further, nothing in |
8 | | this Act shall be construed to limit in any way the right |
9 | | to collectively bargain over the subject matters contained |
10 | | in this Act ; or |
11 | | (9) the use of cannabis by a person who has a school |
12 | | bus permit or a Commercial Driver's License while on duty. |
13 | | As used in this Section, "public place" means any place |
14 | | where a person could reasonably be expected to be observed by |
15 | | others. "Public place" includes all parts of buildings owned in |
16 | | whole or in part, or leased, by the State or a unit of local |
17 | | government. "Public place" includes all areas in a park, |
18 | | recreation area, wildlife area, or playground owned in whole or |
19 | | in part, leased, or managed by the State or a unit of local |
20 | | government. "Public place" does not include a private residence |
21 | | unless the private residence is used to provide licensed child |
22 | | care, foster care, or other similar social service care on the |
23 | | premises. |
24 | | (b) Nothing in this Act shall be construed to prevent the |
25 | | arrest or prosecution of a person for reckless driving or |
26 | | driving under the influence of cannabis , operating a watercraft |
|
| | SB1557 Enrolled | - 158 - | LRB101 08168 SMS 53234 b |
|
|
1 | | under the influence of cannabis, or operating a snowmobile |
2 | | under the influence of cannabis if probable cause exists. |
3 | | (c) Nothing in this Act shall prevent a private business |
4 | | from restricting or prohibiting the use of cannabis on its |
5 | | property, including areas where motor vehicles are parked. |
6 | | (d) Nothing in this Act shall require an individual or |
7 | | business entity to violate the provisions of federal law, |
8 | | including colleges or universities that must abide by the |
9 | | Drug-Free Schools and Communities Act Amendments of 1989, that |
10 | | require campuses to be drug free.
|
11 | | (Source: P.A. 101-27, eff. 6-25-19.) |
12 | | (410 ILCS 705/10-40)
|
13 | | Sec. 10-40. Restore, Reinvest, and Renew Program. |
14 | | (a) The General Assembly finds that in order to address the |
15 | | disparities described below, aggressive approaches and |
16 | | targeted resources to support local design and control of |
17 | | community-based responses to these outcomes are required. To |
18 | | carry out this intent, the Restore, Reinvest, and Renew (R3) |
19 | | Program is created for the following purposes: |
20 | | (1) to directly address the impact of economic |
21 | | disinvestment, violence, and the historical overuse of |
22 | | criminal justice responses to community and individual |
23 | | needs by providing resources to support local design and |
24 | | control of community-based responses to these impacts; |
25 | | (2) to substantially reduce both the total amount of |
|
| | SB1557 Enrolled | - 159 - | LRB101 08168 SMS 53234 b |
|
|
1 | | gun violence and concentrated poverty in this State; |
2 | | (3) to protect communities from gun violence through |
3 | | targeted investments and intervention programs, including |
4 | | economic growth and improving family violence prevention, |
5 | | community trauma treatment rates, gun injury victim |
6 | | services, and public health prevention activities; |
7 | | (4) to promote employment infrastructure and capacity |
8 | | building related to the social determinants of health in |
9 | | the eligible community areas. |
10 | | (b) In this Section, "Authority" means the Illinois |
11 | | Criminal Justice Information Authority in coordination with |
12 | | the Justice, Equity, and Opportunity Initiative of the |
13 | | Lieutenant Governor's Office. |
14 | | (c) Eligibility of R3 Areas. Within 180 days after the
|
15 | | effective date of this Act, the Authority shall identify as
|
16 | | eligible, areas in this State by way of historically recognized
|
17 | | geographic boundaries, to be designated by the Restore, |
18 | | Reinvest, and Renew Program Board as R3 Areas and therefore |
19 | | eligible
to apply for R3 funding. Local groups within R3 Areas |
20 | | will be
eligible to apply for State funding through the |
21 | | Restore, Reinvest, and Renew Program Board. Qualifications for |
22 | | designation as an R3 Area are as follows: |
23 | | (1) Based on an analysis of data, communities in this |
24 | | State that are high need, underserved, disproportionately |
25 | | impacted by historical economic disinvestment, and ravaged |
26 | | by violence as indicated by the highest rates of gun |
|
| | SB1557 Enrolled | - 160 - | LRB101 08168 SMS 53234 b |
|
|
1 | | injury, unemployment, child poverty rates, and commitments |
2 | | to and returns from the Illinois Department of Corrections. |
3 | | (2) The Authority shall send to the Legislative Audit |
4 | | Commission and make publicly available its analysis and |
5 | | identification of eligible R3 Areas and shall recalculate |
6 | | the he eligibility data every 4 years. On an annual basis, |
7 | | the Authority shall analyze data and indicate if data |
8 | | covering any R3 Area or portion of an Area has, for 4 |
9 | | consecutive years, substantially deviated from the average |
10 | | of statewide data on which the original calculation was |
11 | | made to determine the Areas, including disinvestment, |
12 | | violence, gun injury, unemployment, child poverty rates, |
13 | | or commitments to or returns from the Illinois Department |
14 | | of Corrections. |
15 | | (d) The Restore, Reinvest, and Renew Program Board shall |
16 | | encourage collaborative partnerships within each R3 Area to |
17 | | minimize multiple partnerships per Area. |
18 | | (e) The Restore, Reinvest, and Renew Program Board is |
19 | | created and shall reflect the diversity of the State of |
20 | | Illinois, including geographic, racial, and ethnic diversity. |
21 | | Using the data provided by the Authority, the Restore, |
22 | | Reinvest, and Renew Program Board shall be responsible for |
23 | | designating the R3 Area boundaries and for the selection and |
24 | | oversight of R3 Area grantees. The Restore, Reinvest, and Renew |
25 | | Program Board ex officio members shall, within 4 months after |
26 | | the effective date of this Act, convene the Board to appoint a |
|
| | SB1557 Enrolled | - 161 - | LRB101 08168 SMS 53234 b |
|
|
1 | | full Restore, Reinvest, and Renew Program Board and oversee, |
2 | | provide guidance to, and develop an administrative structure |
3 | | for the R3 Program. |
4 | | (1) The ex officio members are: |
5 | | (A) The Lieutenant Governor, or his or her |
6 | | designee, who shall serve as chair. |
7 | | (B) The Attorney General, or his or her |
8 | | designee. |
9 | | (C) The Director of Commerce and Economic |
10 | | Opportunity, or his or her designee. |
11 | | (D) The Director of Public Health, or his or |
12 | | her designee. |
13 | | (E) The Director of Corrections, or his or her |
14 | | designee. |
15 | | (F) The Director of Juvenile Justice, or his or |
16 | | her designee. |
17 | | (G) The Director of Children and Family |
18 | | Services, or his or her designee. |
19 | | (H) (F) The Executive Director of the Illinois |
20 | | Criminal Justice Information Authority, or his or |
21 | | her designee. |
22 | | (I) (G) The Director of Employment Security, |
23 | | or his or her designee. |
24 | | (J) (H) The Secretary of Human Services, or his |
25 | | or her designee. |
26 | | (K) (I) A member of the Senate, designated by |
|
| | SB1557 Enrolled | - 162 - | LRB101 08168 SMS 53234 b |
|
|
1 | | the President of the Senate. |
2 | | (L) (J) A member of the House of |
3 | | Representatives, designated by the Speaker of the |
4 | | House of Representatives. |
5 | | (M) (K) A member of the Senate, designated by |
6 | | the Minority Leader of the Senate. |
7 | | (N) (L) A member of the House of |
8 | | Representatives, designated by the Minority Leader |
9 | | of the House of Representatives. |
10 | | (2) Within 90 days after the R3 Areas have been |
11 | | designated by the Restore, Reinvest, and Renew Program |
12 | | Board, the following members shall be appointed to the |
13 | | Board by the R3 board chair: |
14 | | (A) Eight public officials of municipal geographic |
15 | | jurisdictions in the State that include an R3 Area, or |
16 | | their designees; |
17 | | (B) Four 4 community-based providers or community |
18 | | development organization representatives who provide |
19 | | services to treat violence and address the social |
20 | | determinants of health, or promote community |
21 | | investment, including, but not limited to, services |
22 | | such as job placement and training, educational |
23 | | services, workforce development programming, and |
24 | | wealth building. The community-based organization |
25 | | representatives shall work primarily in jurisdictions |
26 | | that include an R3 Area and no more than 2 |
|
| | SB1557 Enrolled | - 163 - | LRB101 08168 SMS 53234 b |
|
|
1 | | representatives shall work primarily in Cook County. |
2 | | At least one of the community-based providers shall |
3 | | have expertise in providing services to an immigrant |
4 | | population; |
5 | | (C) Two experts in the field of violence reduction; |
6 | | (D) One male who has previously been incarcerated |
7 | | and is over the age of 24 at the time of appointment; |
8 | | (E) One female who has previously been |
9 | | incarcerated and is over the age of 24 at the time of |
10 | | appointment; |
11 | | (F) Two individuals who have previously been |
12 | | incarcerated and are between the ages of 17 and 24 at |
13 | | the time of appointment. |
14 | | As used in this paragraph (2), "an individual who has |
15 | | been previously incarcerated" means a person who has been |
16 | | convicted of or pled guilty to one or more felonies, who |
17 | | was sentenced to a term of imprisonment, and who has |
18 | | completed his or her sentence. Board members shall serve |
19 | | without compensation and may be reimbursed for reasonable |
20 | | expenses incurred in the performance of their duties from |
21 | | funds appropriated for that purpose. Once all its members |
22 | | have been appointed as outlined in items (A) through (F) of |
23 | | this paragraph (2), the Board may exercise any power, |
24 | | perform any function, take any action, or do anything in |
25 | | furtherance of its purposes and goals upon the appointment |
26 | | of a quorum of its members. The Board terms of the non-ex |
|
| | SB1557 Enrolled | - 164 - | LRB101 08168 SMS 53234 b |
|
|
1 | | officio and General Assembly Board members shall end 4 |
2 | | years from the date of appointment. |
3 | | (f) Within 12 months after the effective date of this Act, |
4 | | the Board shall: |
5 | | (1) develop a process to solicit applications from |
6 | | eligible R3 Areas; |
7 | | (2) develop a standard template for both planning and |
8 | | implementation activities to be submitted by R3 Areas to |
9 | | the State; |
10 | | (3) identify resources sufficient to support the full |
11 | | administration and evaluation of the R3 Program, including |
12 | | building and sustaining core program capacity at the |
13 | | community and State levels; |
14 | | (4) review R3 Area grant applications and proposed |
15 | | agreements and approve the distribution of resources; |
16 | | (5) develop a performance measurement system that |
17 | | focuses on positive outcomes; |
18 | | (6) develop a process to support ongoing monitoring and |
19 | | evaluation of R3 programs; and |
20 | | (7) deliver an annual report to the General Assembly |
21 | | and to the Governor to be posted on the Governor's Office |
22 | | and General Assembly websites and provide to the public an |
23 | | annual report on its progress. |
24 | | (g) R3 Area grants. |
25 | | (1) Grant funds shall be awarded by the Illinois |
26 | | Criminal Justice Information Authority, in coordination |
|
| | SB1557 Enrolled | - 165 - | LRB101 08168 SMS 53234 b |
|
|
1 | | with the R3 board, based on the likelihood that the plan |
2 | | will achieve the outcomes outlined in subsection (a) and |
3 | | consistent with the requirements of the Grant |
4 | | Accountability and Transparency Act. The R3 Program shall |
5 | | also facilitate the provision of training and technical |
6 | | assistance for capacity building within and among R3 Areas. |
7 | | (2) R3 Program Board grants shall be used to address |
8 | | economic development, violence prevention services, |
9 | | re-entry services, youth development, and civil legal aid. |
10 | | (3) The Restore, Reinvest, and Renew Program Board and |
11 | | the R3 Area grantees shall, within a period of no more than |
12 | | 120 days from the completion of planning activities |
13 | | described in this Section, finalize an agreement on the |
14 | | plan for implementation. Implementation activities may: |
15 | | (A) have a basis in evidence or best practice |
16 | | research or have evaluations demonstrating the |
17 | | capacity to address the purpose of the program in |
18 | | subsection (a); |
19 | | (B) collect data from the inception of planning |
20 | | activities through implementation, with data |
21 | | collection technical assistance when needed, including |
22 | | cost data and data related to identified meaningful |
23 | | short-term, mid-term, and long-term goals and metrics; |
24 | | (C) report data to the Restore, Reinvest, and Renew |
25 | | Program Board biannually; and |
26 | | (D) report information as requested by the R3 |
|
| | SB1557 Enrolled | - 166 - | LRB101 08168 SMS 53234 b |
|
|
1 | | Program Board.
|
2 | | (Source: P.A. 101-27, eff. 6-25-19.) |
3 | | (410 ILCS 705/10-50)
|
4 | | Sec. 10-50. Employment; employer liability. |
5 | | (a) Nothing in this Act shall prohibit an employer from |
6 | | adopting reasonable zero tolerance or drug free workplace |
7 | | policies, or employment policies concerning drug testing, |
8 | | smoking, consumption, storage, or use of cannabis in the |
9 | | workplace or while on call provided that the policy is applied |
10 | | in a nondiscriminatory manner. |
11 | | (b) Nothing in this Act shall require an employer to permit |
12 | | an employee to be under the influence of or use cannabis in the |
13 | | employer's workplace or while performing the employee's job |
14 | | duties or while on call. |
15 | | (c) Nothing in this Act shall limit or prevent an employer |
16 | | from disciplining an employee or terminating employment of an |
17 | | employee for violating an employer's employment policies or |
18 | | workplace drug policy. |
19 | | (d) An employer may consider an employee to be impaired or |
20 | | under the influence of cannabis if the employer has a good |
21 | | faith belief that an employee manifests specific, articulable |
22 | | symptoms while working that decrease or lessen the employee's |
23 | | performance of the duties or tasks of the employee's job |
24 | | position, including symptoms of the employee's speech, |
25 | | physical dexterity, agility, coordination, demeanor, |
|
| | SB1557 Enrolled | - 167 - | LRB101 08168 SMS 53234 b |
|
|
1 | | irrational or unusual behavior, or negligence or carelessness |
2 | | in operating equipment or machinery; disregard for the safety |
3 | | of the employee or others, or involvement in any accident that |
4 | | results in serious damage to equipment or property; disruption |
5 | | of a production or manufacturing process; or carelessness that |
6 | | results in any injury to the employee or others. If an employer |
7 | | elects to discipline an employee on the basis that the employee |
8 | | is under the influence or impaired by cannabis, the employer |
9 | | must afford the employee a reasonable opportunity to contest |
10 | | the basis of the determination. |
11 | | (e) Nothing in this Act shall be construed to create or |
12 | | imply a cause of action for any person against an employer for: |
13 | | (1) actions taken pursuant to an employer's reasonable |
14 | | workplace drug policy, including but not limited to |
15 | | subjecting an employee or applicant to reasonable drug and |
16 | | alcohol testing, reasonable and nondiscriminatory random |
17 | | drug testing, and discipline, termination of employment, |
18 | | or withdrawal of a job offer due to a failure of a drug |
19 | | test; , including but not limited to subjecting an employee |
20 | | or applicant to reasonable drug and alcohol testing under |
21 | | the employer's workplace drug policy, including an |
22 | | employee's refusal to be tested or to cooperate in testing |
23 | | procedures or disciplining or termination of employment, |
24 | | (2) actions based on the employer's good faith belief |
25 | | that an employee used or possessed cannabis in the |
26 | | employer's workplace or while performing the employee's |
|
| | SB1557 Enrolled | - 168 - | LRB101 08168 SMS 53234 b |
|
|
1 | | job duties or while on call in violation of the employer's |
2 | | employment policies; |
3 | | (3) (2) actions, including discipline or termination |
4 | | of employment, based on the employer's good faith belief |
5 | | that an employee was impaired as a result of the use of |
6 | | cannabis, or under the influence of cannabis, while at the |
7 | | employer's workplace or while performing the employee's |
8 | | job duties or while on call in violation of the employer's |
9 | | workplace drug policy; or |
10 | | (4) (3) injury, loss, or liability to a third party if |
11 | | the employer neither knew nor had reason to know that the |
12 | | employee was impaired. |
13 | | (f) Nothing in this Act shall be construed to enhance or |
14 | | diminish protections afforded by any other law, including but |
15 | | not limited to the Compassionate Use of Medical Cannabis Pilot |
16 | | Program Act or the Opioid Alternative Pilot Program. |
17 | | (g) Nothing in this Act shall be construed to interfere |
18 | | with any federal, State, or local restrictions on employment |
19 | | including, but not limited to, the United States Department of |
20 | | Transportation regulation 49 CFR 40.151(e) or impact an |
21 | | employer's ability to comply with federal or State law or cause |
22 | | it to lose a federal or State contract or funding. |
23 | | (h) As used in this Section, "workplace" means the |
24 | | employer's premises, including any building, real property, |
25 | | and parking area under the control of the employer or area used |
26 | | by an employee while in the performance of the employee's job |
|
| | SB1557 Enrolled | - 169 - | LRB101 08168 SMS 53234 b |
|
|
1 | | duties, and vehicles, whether leased, rented, or owned. |
2 | | "Workplace" may be further defined by the employer's written |
3 | | employment policy, provided that the policy is consistent with |
4 | | this Section. |
5 | | (i) For purposes of this Section, an employee is deemed "on |
6 | | call" when such employee is scheduled with at least 24 hours' |
7 | | notice by his or her employer to be on standby or otherwise |
8 | | responsible for performing tasks related to his or her |
9 | | employment either at the employer's premises or other |
10 | | previously designated location by his or her employer or |
11 | | supervisor to perform a work-related task.
|
12 | | (Source: P.A. 101-27, eff. 6-25-19.) |
13 | | (410 ILCS 705/15-15)
|
14 | | Sec. 15-15. Early Approval Adult Use Dispensing |
15 | | Organization License. |
16 | | (a) Any medical cannabis dispensing organization holding a |
17 | | valid registration under the Compassionate Use of Medical |
18 | | Cannabis Pilot Program Act as of the effective date of this Act |
19 | | may, within 60 days of the effective date of this Act, apply to |
20 | | the Department for an Early Approval Adult Use Dispensing |
21 | | Organization License to serve purchasers at any medical |
22 | | cannabis dispensing location in operation on the effective date |
23 | | of this Act, pursuant to this Section. |
24 | | (b) A medical cannabis dispensing organization seeking |
25 | | issuance of an Early Approval Adult Use Dispensing Organization |
|
| | SB1557 Enrolled | - 170 - | LRB101 08168 SMS 53234 b |
|
|
1 | | License to serve purchasers at any medical cannabis dispensing |
2 | | location in operation as of the effective date of this Act |
3 | | shall submit an application on forms provided by the |
4 | | Department. The application must be submitted by the same |
5 | | person or entity that holds the medical cannabis dispensing |
6 | | organization registration and include the following: |
7 | | (1) Payment of a nonrefundable fee of $30,000 to be |
8 | | deposited into the Cannabis Regulation Fund; |
9 | | (2) Proof of registration as a medical cannabis |
10 | | dispensing organization that is in good standing; |
11 | | (3) Certification that the applicant will comply with |
12 | | the requirements contained in the Compassionate Use of |
13 | | Medical Cannabis Pilot Program Act except as provided in |
14 | | this Act; |
15 | | (4) The legal name of the dispensing organization; |
16 | | (5) The physical address of the dispensing |
17 | | organization; |
18 | | (6) The name, address, social security number, and date |
19 | | of birth of each principal officer and board member of the |
20 | | dispensing organization, each of whom must be at least 21 |
21 | | years of age; |
22 | | (7) A nonrefundable Cannabis Business Development Fee |
23 | | equal to 3% of the dispensing organization's total sales |
24 | | between June 1, 2018 to June 1, 2019, or $100,000, |
25 | | whichever is less, to be deposited into the Cannabis |
26 | | Business Development Fund; and |
|
| | SB1557 Enrolled | - 171 - | LRB101 08168 SMS 53234 b |
|
|
1 | | (8) Identification of one of the following Social |
2 | | Equity Inclusion Plans to be completed by March 31, 2021: |
3 | | (A) Make a contribution of 3% of total sales from |
4 | | June 1, 2018 to June 1, 2019, or $100,000, whichever is |
5 | | less, to the Cannabis Business Development Fund. This |
6 | | is in addition to the fee required by item (7) of this |
7 | | subsection (b); |
8 | | (B) Make a grant of 3% of total sales from June 1, |
9 | | 2018 to June 1, 2019, or $100,000, whichever is less, |
10 | | to a cannabis industry training or education program at |
11 | | an Illinois community college as defined in the Public |
12 | | Community College Act; |
13 | | (C) Make a donation of $100,000 or more to a |
14 | | program that provides job training services to persons |
15 | | recently incarcerated or that operates in a |
16 | | Disproportionately Impacted Area; |
17 | | (D) Participate as a host in a cannabis business |
18 | | establishment incubator program approved by the |
19 | | Department of Commerce and Economic Opportunity, and |
20 | | in which an Early Approval Adult Use Dispensing |
21 | | Organization License holder agrees to provide a loan of |
22 | | at least $100,000 and mentorship to incubate , for at |
23 | | least a year, a Social Equity Applicant intending to |
24 | | seek a license or a licensee that qualifies as a Social |
25 | | Equity Applicant for at least a year . As used in this |
26 | | Section, "incubate" means providing direct financial |
|
| | SB1557 Enrolled | - 172 - | LRB101 08168 SMS 53234 b |
|
|
1 | | assistance and training necessary to engage in |
2 | | licensed cannabis industry activity similar to that of |
3 | | the host licensee. The Early Approval Adult Use |
4 | | Dispensing Organization License holder or the same |
5 | | entity holding any other licenses issued pursuant to |
6 | | this Act shall not take an ownership stake of greater |
7 | | than 10% in any business receiving incubation services |
8 | | to comply with this subsection. If an Early Approval |
9 | | Adult Use Dispensing Organization License holder fails |
10 | | to find a business to incubate to comply with this |
11 | | subsection before its Early Approval Adult Use |
12 | | Dispensing Organization License expires, it may opt to |
13 | | meet the requirement of this subsection by completing |
14 | | another item from this subsection; or |
15 | | (E) Participate in a sponsorship program for at |
16 | | least 2 years approved by the Department of Commerce |
17 | | and Economic Opportunity in which an Early Approval |
18 | | Adult Use Dispensing Organization License holder |
19 | | agrees to provide an interest-free loan of at least |
20 | | $200,000 to a Social Equity Applicant. The sponsor |
21 | | shall not take an ownership stake in any cannabis |
22 | | business establishment receiving sponsorship services |
23 | | to comply with this subsection. |
24 | | (c) The license fee required by paragraph (1) of subsection |
25 | | (b) of this Section shall be in addition to any license fee |
26 | | required for the renewal of a registered medical cannabis |
|
| | SB1557 Enrolled | - 173 - | LRB101 08168 SMS 53234 b |
|
|
1 | | dispensing organization license. |
2 | | (d) Applicants must submit all required information, |
3 | | including the requirements in subsection (b) of this Section, |
4 | | to the Department. Failure by an applicant to submit all |
5 | | required information may result in the application being |
6 | | disqualified. |
7 | | (e) If the Department receives an application that fails to |
8 | | provide the required elements contained in subsection (b), the |
9 | | Department shall issue a deficiency notice to the applicant. |
10 | | The applicant shall have 10 calendar days from the date of the |
11 | | deficiency notice to submit complete information. Applications |
12 | | that are still incomplete after this opportunity to cure may be |
13 | | disqualified. |
14 | | (f) If an applicant meets all the requirements of |
15 | | subsection (b) of this Section, the Department shall issue the |
16 | | Early Approval Adult Use Dispensing Organization License |
17 | | within 14 days of receiving a completed application unless: |
18 | | (1) The licensee or a principal officer is delinquent |
19 | | in filing any required tax returns or paying any amounts |
20 | | owed to the State of Illinois; |
21 | | (2) The Secretary of Financial and Professional |
22 | | Regulation determines there is reason, based on documented |
23 | | compliance violations, the licensee is not entitled to an |
24 | | Early Approval Adult Use Dispensing Organization License; |
25 | | or |
26 | | (3) Any principal officer fails to register and remain |
|
| | SB1557 Enrolled | - 174 - | LRB101 08168 SMS 53234 b |
|
|
1 | | in compliance with this Act or the Compassionate Use of |
2 | | Medical Cannabis Pilot Program Act. |
3 | | (g) A registered medical cannabis dispensing organization |
4 | | that obtains an Early Approval Adult Use Dispensing |
5 | | Organization License may begin selling cannabis, |
6 | | cannabis-infused products, paraphernalia, and related items to |
7 | | purchasers under the rules of this Act no sooner than January |
8 | | 1, 2020. |
9 | | (h) A dispensing organization holding a medical cannabis |
10 | | dispensing organization license issued under the Compassionate |
11 | | Use of Medical Cannabis Pilot Program Act must maintain an |
12 | | adequate supply of cannabis and cannabis-infused products for |
13 | | purchase by qualifying patients, caregivers, provisional |
14 | | patients, and Opioid Alternative Pilot Program participants. |
15 | | For the purposes of this subsection, "adequate supply" means a |
16 | | monthly inventory level that is comparable in type and quantity |
17 | | to those medical cannabis products provided to patients and |
18 | | caregivers on an average monthly basis for the 6 months before |
19 | | the effective date of this Act. |
20 | | (i) If there is a shortage of cannabis or cannabis-infused |
21 | | products, a dispensing organization holding both a dispensing |
22 | | organization license under the Compassionate Use of Medical |
23 | | Cannabis Pilot Program Act and this Act shall prioritize |
24 | | serving qualifying patients, caregivers, provisional patients, |
25 | | and Opioid Alternative Pilot Program participants before |
26 | | serving purchasers. |
|
| | SB1557 Enrolled | - 175 - | LRB101 08168 SMS 53234 b |
|
|
1 | | (j) Notwithstanding any law or rule to the contrary, a |
2 | | person that holds a medical cannabis dispensing organization |
3 | | license issued under the Compassionate Use of Medical Cannabis |
4 | | Pilot Program Act and an Early Approval Adult Use Dispensing |
5 | | Organization License may permit purchasers into a limited |
6 | | access area as that term is defined in administrative rules |
7 | | made under the authority in the Compassionate Use of Medical |
8 | | Cannabis Pilot Program Act. |
9 | | (k) An Early Approval Adult Use Dispensing Organization |
10 | | License is valid until March 31, 2021. A dispensing |
11 | | organization that obtains an Early Approval Adult Use |
12 | | Dispensing Organization License shall receive written or |
13 | | electronic notice 90 days before the expiration of the license |
14 | | that the license will expire, and that informs inform the |
15 | | license holder that it may apply to renew its Early Approval |
16 | | Adult Use Dispensing Organization License on forms provided by |
17 | | the Department . The Department shall renew the Early Approval |
18 | | Adult Use Dispensing Organization License within 60 days of the |
19 | | renewal application being deemed complete if: |
20 | | (1) the dispensing organization submits an application |
21 | | and the required nonrefundable renewal fee of $30,000, to |
22 | | be deposited into the Cannabis Regulation Fund; |
23 | | (2) the Department has not suspended or permanently |
24 | | revoked the Early Approval Adult Use Dispensing |
25 | | Organization License or a medical cannabis dispensing |
26 | | organization license on the same premises for violations of |
|
| | SB1557 Enrolled | - 176 - | LRB101 08168 SMS 53234 b |
|
|
1 | | this Act, the Compassionate Use of Medical Cannabis Pilot |
2 | | Program Act, or rules adopted pursuant to those Acts; and |
3 | | (3) the dispensing organization has completed a Social |
4 | | Equity Inclusion Plan as provided required by parts (A), |
5 | | (B), and (C) of paragraph (8) of subsection (b) of this |
6 | | Section or has made substantial progress toward completing |
7 | | a Social Equity Inclusion Plan as provided by parts (D) and |
8 | | (E) of paragraph (8) of subsection (b) of this Section; and |
9 | | (4) the dispensing organization is in compliance with |
10 | | this Act and rules . |
11 | | (l) The Early Approval Adult Use Dispensing Organization |
12 | | License renewed pursuant to subsection (k) of this Section |
13 | | shall expire March 31, 2022. The Early Approval Adult Use |
14 | | Dispensing Organization Licensee shall receive written or |
15 | | electronic notice 90 days before the expiration of the license |
16 | | that the license will expire, and that informs inform the |
17 | | license holder that it may apply for an Adult Use Dispensing |
18 | | Organization License on forms provided by the Department . The |
19 | | Department shall grant an Adult Use Dispensing Organization |
20 | | License within 60 days of an application being deemed complete |
21 | | if the applicant has met all of the criteria in Section 15-36. |
22 | | (m) If a dispensing organization dispensary fails to submit |
23 | | an application for renewal of an Early Approval Adult Use |
24 | | Dispensing Organization License or for an Adult Use Dispensing |
25 | | Organization License before the expiration dates provided in |
26 | | subsections (k) and (l) of the Early Approval Adult Use |
|
| | SB1557 Enrolled | - 177 - | LRB101 08168 SMS 53234 b |
|
|
1 | | Dispensing Organization License pursuant to subsection (k) of |
2 | | this Section, the dispensing organization shall cease serving |
3 | | purchasers and cease all operations until it receives a renewal |
4 | | or an Adult Use Dispensing Organization License , as the case |
5 | | may be . |
6 | | (n) A dispensing organization agent who holds a valid |
7 | | dispensing organization agent identification card issued under |
8 | | the Compassionate Use of Medical Cannabis Pilot Program Act and |
9 | | is an officer, director, manager, or employee of the dispensing |
10 | | organization licensed under this Section may engage in all |
11 | | activities authorized by this Article to be performed by a |
12 | | dispensing organization agent. |
13 | | (o) If the Department suspends, permanently revokes, or |
14 | | otherwise disciplines the Early Approval Adult Use Dispensing |
15 | | Organization License of a dispensing organization that also |
16 | | holds a medical cannabis dispensing organization license |
17 | | issued under the Compassionate Use of Medical Cannabis Program |
18 | | Act, the Department may consider the suspension, permanent |
19 | | revocation, or other discipline of the medical cannabis |
20 | | dispensing organization license. |
21 | | (p) (o) All fees collected pursuant to this Section shall |
22 | | be deposited into the Cannabis Regulation Fund, unless |
23 | | otherwise specified.
|
24 | | (Source: P.A. 101-27, eff. 6-25-19.) |
25 | | (410 ILCS 705/15-20)
|
|
| | SB1557 Enrolled | - 178 - | LRB101 08168 SMS 53234 b |
|
|
1 | | Sec. 15-20. Early Approval Adult Use Dispensing |
2 | | Organization License; secondary site. |
3 | | (a) If the Department suspends or revokes the Early |
4 | | Approval Adult Use Dispensing Organization License of a |
5 | | dispensing organization that also holds a medical cannabis |
6 | | dispensing organization license issued under the Compassionate |
7 | | Use of Medical Cannabis Pilot Program Act, the Department may |
8 | | consider the suspension or revocation as grounds to take |
9 | | disciplinary action against the medical cannabis dispensing |
10 | | organization license. |
11 | | (a-5) If, within 360 days of the effective date of this |
12 | | Act, a dispensing organization is unable to find a location |
13 | | within the BLS Regions prescribed in subsection (a) of this |
14 | | Section in which to operate an Early Approval Adult Use |
15 | | Dispensing Organization at a secondary site because no |
16 | | jurisdiction within the prescribed area allows the operation of |
17 | | an Adult Use Cannabis Dispensing Organization, the Department |
18 | | of Financial and Professional Regulation may waive the |
19 | | geographic restrictions of subsection (a) of this Section and |
20 | | specify another BLS Region into which the dispensary may be |
21 | | placed. |
22 | | (a) (b) Any medical cannabis dispensing organization |
23 | | holding a valid registration under the Compassionate Use of |
24 | | Medical Cannabis Pilot Program Act as of the effective date of |
25 | | this Act may, within 60 days of the effective date of this Act, |
26 | | apply to the Department for an Early Approval Adult Use |
|
| | SB1557 Enrolled | - 179 - | LRB101 08168 SMS 53234 b |
|
|
1 | | Dispensing Organization License to operate a dispensing |
2 | | organization to serve purchasers at a secondary site not within |
3 | | 1,500 feet of another medical cannabis dispensing organization |
4 | | or adult use dispensing organization. The Early Approval Adult |
5 | | Use Dispensing Organization secondary site shall be within any |
6 | | BLS Region region that shares territory with the dispensing |
7 | | organization district to which the medical cannabis dispensing |
8 | | organization is assigned under the administrative rules for |
9 | | dispensing organizations under the Compassionate Use of |
10 | | Medical Cannabis Pilot Program Act. |
11 | | (a-5) If, within 360 days of the effective date of this |
12 | | Act, a dispensing organization is unable to find a location |
13 | | within the BLS Regions prescribed in subsection (a) of this |
14 | | Section in which to operate an Early Approval Adult Use |
15 | | Dispensing Organization at a secondary site because no |
16 | | jurisdiction within the prescribed area allows the operation of |
17 | | an Adult Use Cannabis Dispensing Organization, the Department |
18 | | of Financial and Professional Regulation may waive the |
19 | | geographic restrictions of subsection (a) of this Section and |
20 | | specify another BLS Region into which the dispensary may be |
21 | | placed. |
22 | | (b) (Blank). |
23 | | (c) A medical cannabis dispensing organization seeking |
24 | | issuance of an Early Approval Adult Use Dispensing Organization |
25 | | License at a secondary site to serve purchasers at a secondary |
26 | | site as prescribed in subsection (a) (b) of this Section shall |
|
| | SB1557 Enrolled | - 180 - | LRB101 08168 SMS 53234 b |
|
|
1 | | submit an application on forms provided by the Department. The |
2 | | application must meet or include the following qualifications: |
3 | | (1) a payment of a nonrefundable application fee of |
4 | | $30,000; |
5 | | (2) proof of registration as a medical cannabis |
6 | | dispensing organization that is in good standing; |
7 | | (3) submission of the application by the same person or |
8 | | entity that holds the medical cannabis dispensing |
9 | | organization registration; |
10 | | (4) the legal name of the medical cannabis dispensing |
11 | | organization; |
12 | | (5) the physical address of the medical cannabis |
13 | | dispensing organization and the proposed physical address |
14 | | of the secondary site; |
15 | | (6) a copy of the current local zoning ordinance |
16 | | Sections relevant to dispensary operations and |
17 | | documentation of the approval, the conditional approval or |
18 | | the status of a request for zoning approval from the local |
19 | | zoning office that the proposed dispensary location is in |
20 | | compliance with the local zoning rules; |
21 | | (7) a plot plan of the dispensary drawn to scale. The |
22 | | applicant shall submit general specifications of the |
23 | | building exterior and interior layout; |
24 | | (8) a statement that the dispensing organization |
25 | | agrees to respond to the Department's supplemental |
26 | | requests for information; |
|
| | SB1557 Enrolled | - 181 - | LRB101 08168 SMS 53234 b |
|
|
1 | | (9) for the building or land to be used as the proposed |
2 | | dispensary: |
3 | | (A) if the property is not owned by the applicant, |
4 | | a written statement from the property owner and |
5 | | landlord, if any, certifying consent that the |
6 | | applicant may operate a dispensary on the premises; or |
7 | | (B) if the property is owned by the applicant, |
8 | | confirmation of ownership; |
9 | | (10) a copy of the proposed operating bylaws; |
10 | | (11) a copy of the proposed business plan that complies |
11 | | with the requirements in this Act, including, at a minimum, |
12 | | the following: |
13 | | (A) a description of services to be offered; and |
14 | | (B) a description of the process of dispensing |
15 | | cannabis; |
16 | | (12) a copy of the proposed security plan that complies |
17 | | with the requirements in this Article, including: |
18 | | (A) a description of the delivery process by which |
19 | | cannabis will be received from a transporting |
20 | | organization, including receipt of manifests and |
21 | | protocols that will be used to avoid diversion, theft, |
22 | | or loss at the dispensary acceptance point; and |
23 | | (B) the process or controls that will be |
24 | | implemented to monitor the dispensary, secure the |
25 | | premises, agents, patients, and currency, and prevent |
26 | | the diversion, theft, or loss of cannabis; and |
|
| | SB1557 Enrolled | - 182 - | LRB101 08168 SMS 53234 b |
|
|
1 | | (C) the process to ensure that access to the |
2 | | restricted access areas is restricted to, registered |
3 | | agents, service professionals, transporting |
4 | | organization agents, Department inspectors, and |
5 | | security personnel; |
6 | | (13) a proposed inventory control plan that complies |
7 | | with this Section; |
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) a nonrefundable Cannabis Business Development Fee |
13 | | equal to $200,000, to be deposited into the Cannabis |
14 | | Business Development Fund; and |
15 | | (16) a commitment to completing one of the following |
16 | | Social Equity Inclusion Plans in subsection (d). |
17 | | (d) Before receiving an Early Approval Adult Use Dispensing |
18 | | Organization License at a secondary site, a dispensing |
19 | | organization shall indicate the Social Equity Inclusion Plan |
20 | | that the applicant plans to achieve before the expiration of |
21 | | the Early Approval Adult Use Dispensing Organization License |
22 | | from the list below: |
23 | | (1) make a contribution of 3% of total sales from June |
24 | | 1, 2018 to June 1, 2019, or $100,000, whichever is less, to |
25 | | the Cannabis Business Development Fund. This is in addition |
26 | | to the fee required by paragraph (16) of subsection (c) of |
|
| | SB1557 Enrolled | - 183 - | LRB101 08168 SMS 53234 b |
|
|
1 | | this Section; |
2 | | (2) make a grant of 3% of total sales from June 1, 2018 |
3 | | to June 1, 2019, or $100,000, whichever is less, to a |
4 | | cannabis industry training or education program at an |
5 | | Illinois community college as defined in the Public |
6 | | Community College Act; |
7 | | (3) make a donation of $100,000 or more to a program |
8 | | that provides job training services to persons recently |
9 | | incarcerated or that operates in a Disproportionately |
10 | | Impacted Area; |
11 | | (4) participate as a host in a cannabis business |
12 | | establishment incubator program approved by the Department |
13 | | of Commerce and Economic Opportunity, and in which an Early |
14 | | Approval Adult Use Dispensing Organization License at a |
15 | | secondary site holder agrees to provide a loan of at least |
16 | | $100,000 and mentorship to incubate , for at
least a year, a |
17 | | Social Equity Applicant intending to
seek a license or a |
18 | | licensee that qualifies as a Social Equity Applicant for at |
19 | | least a year . In this paragraph (4), "incubate" means |
20 | | providing direct financial assistance and training |
21 | | necessary to engage in licensed cannabis industry activity |
22 | | similar to that of the host licensee. The Early Approval |
23 | | Adult Use Dispensing Organization License holder or the |
24 | | same entity holding any other licenses issued under this |
25 | | Act shall not take an ownership stake of greater than 10% |
26 | | in any business receiving incubation services to comply |
|
| | SB1557 Enrolled | - 184 - | LRB101 08168 SMS 53234 b |
|
|
1 | | with this subsection. If an Early Approval Adult Use |
2 | | Dispensing Organization License at a secondary site holder |
3 | | fails to find a business to incubate in order to comply |
4 | | with this subsection before its Early Approval Adult Use |
5 | | Dispensing Organization License at a secondary site |
6 | | expires, it may opt to meet the requirement of this |
7 | | subsection by completing another item from this subsection |
8 | | before the expiration of its Early Approval Adult Use |
9 | | Dispensing Organization License at a secondary site to |
10 | | avoid a penalty; or |
11 | | (5) participate in a sponsorship program for at least 2 |
12 | | years approved by the Department of Commerce and Economic |
13 | | Opportunity in which an Early Approval Adult Use Dispensing |
14 | | Organization License at a secondary site holder agrees to |
15 | | provide an interest-free loan of at least $200,000 to a |
16 | | Social Equity Applicant. The sponsor shall not take an |
17 | | ownership stake of greater than 10% in any business |
18 | | receiving sponsorship services to comply with this |
19 | | subsection. |
20 | | (e) The license fee required by paragraph (1) of subsection |
21 | | (c) of this Section is in addition to any license fee required |
22 | | for the renewal of a registered medical cannabis dispensing |
23 | | organization license. |
24 | | (f) Applicants must submit all required information, |
25 | | including the requirements in subsection (c) of this Section, |
26 | | to the Department. Failure by an applicant to submit all |
|
| | SB1557 Enrolled | - 185 - | LRB101 08168 SMS 53234 b |
|
|
1 | | required information may result in the application being |
2 | | disqualified. Principal officers shall not be required to |
3 | | submit to the fingerprint and background check requirements of |
4 | | Section 5-20. |
5 | | (g) If the Department receives an application that fails to |
6 | | provide the required elements contained in subsection (c), the |
7 | | Department shall issue a deficiency notice to the applicant. |
8 | | The applicant shall have 10 calendar days from the date of the |
9 | | deficiency notice to submit complete information. Applications |
10 | | that are still incomplete after this opportunity to cure may be |
11 | | disqualified. |
12 | | (h) Once all required information and documents have been |
13 | | submitted, the Department will review the application. The |
14 | | Department may request revisions and retains final approval |
15 | | over dispensary features. Once the application is complete and |
16 | | meets the Department's approval, the Department shall |
17 | | conditionally approve the license. Final approval is |
18 | | contingent on the build-out and Department inspection. |
19 | | (i) Upon submission of the Early Approval Adult Use |
20 | | Dispensing Organization at a secondary site application, the |
21 | | applicant shall request an inspection and the Department may |
22 | | inspect the Early Approval Adult Use Dispensing Organization's |
23 | | secondary site to confirm compliance with the application and |
24 | | this Act. |
25 | | (j) The Department shall only issue an Early Approval Adult |
26 | | Use Dispensing Organization License at a secondary site after |
|
| | SB1557 Enrolled | - 186 - | LRB101 08168 SMS 53234 b |
|
|
1 | | the completion of a successful inspection. |
2 | | (k) If an applicant passes the inspection under this |
3 | | Section, the Department shall issue the Early Approval Adult |
4 | | Use Dispensing Organization License at a secondary site within |
5 | | 10 business days unless: |
6 | | (1) The licensee , any principal officer or board member |
7 | | of the licensee, or any person having a financial or voting |
8 | | interest of 5% or greater in the licensee ; principal |
9 | | officer, board member, or person having a financial or |
10 | | voting interest of 5% or greater in the licensee; or agent |
11 | | is delinquent in filing any required tax returns or paying |
12 | | any amounts owed to the State of Illinois; or |
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 | | at its secondary site. |
18 | | (l) Once the Department has issued a license, the |
19 | | dispensing organization shall notify the Department of the |
20 | | proposed opening date. |
21 | | (m) A registered medical cannabis dispensing organization |
22 | | that obtains an Early Approval Adult Use Dispensing |
23 | | Organization License at a secondary site may begin selling |
24 | | cannabis, cannabis-infused products, paraphernalia, and |
25 | | related items to purchasers under the rules of this Act no |
26 | | sooner than January 1, 2020. |
|
| | SB1557 Enrolled | - 187 - | LRB101 08168 SMS 53234 b |
|
|
1 | | (n) If there is a shortage of cannabis or cannabis-infused |
2 | | products, a dispensing organization holding both a dispensing |
3 | | organization license under the Compassionate Use of Medical |
4 | | Cannabis Pilot Program Act and this Article shall prioritize |
5 | | serving qualifying patients and caregivers before serving |
6 | | purchasers. |
7 | | (o) An Early Approval Adult Use Dispensing Organization |
8 | | License at a secondary site is valid until March 31, 2021. A |
9 | | dispensing organization that obtains an Early Approval Adult |
10 | | Use Dispensing Organization License at a secondary site shall |
11 | | receive written or electronic notice 90 days before the |
12 | | expiration of the license that the license will expire, and |
13 | | inform the license holder that it may renew its Early Approval |
14 | | Adult Use Dispensing Organization License at a secondary site. |
15 | | The Department shall renew an Early Approval Adult Use |
16 | | Dispensing Organization License at a secondary site within 60 |
17 | | days of submission of the renewal application being deemed |
18 | | complete if: |
19 | | (1) the dispensing organization submits an application |
20 | | and the required nonrefundable renewal fee of $30,000, to |
21 | | be deposited into the Cannabis Regulation Fund; |
22 | | (2) the Department has not suspended or permanently |
23 | | revoked the Early Approval Adult Use Dispensing |
24 | | Organization License or a medical cannabis dispensing |
25 | | organization license held by the same person or entity for |
26 | | violating this Act or rules adopted under this Act or the |
|
| | SB1557 Enrolled | - 188 - | LRB101 08168 SMS 53234 b |
|
|
1 | | Compassionate Use of Medical Cannabis Pilot Program Act or |
2 | | rules adopted under that Act; and |
3 | | (3) the dispensing organization has completed a Social |
4 | | Equity Inclusion Plan provided as required by paragraph |
5 | | (1), (2), or (3) (16) of subsection (d) (c) of this Section |
6 | | or has made substantial progress toward completing a Social |
7 | | Equity Inclusion Plan provided by paragraph (4) or (5) of |
8 | | subsection (d) of this Section . |
9 | | (p) The Early Approval Adult Use Dispensing Organization |
10 | | Licensee at a secondary site renewed pursuant to subsection (o) |
11 | | shall receive written or electronic notice 90 days before the |
12 | | expiration of the license that the license will expire, and |
13 | | that informs inform the license holder that it may apply for an |
14 | | Adult Use Dispensing Organization License on forms provided by |
15 | | the Department . The Department shall grant an Adult Use |
16 | | Dispensing Organization License within 60 days of an |
17 | | application being deemed complete if the applicant has meet all |
18 | | of the criteria in Section 15-36. |
19 | | (q) If a dispensing organization fails to submit an |
20 | | application for renewal of an Early Approval Adult Use |
21 | | Dispensing Organization License or for an Adult Use Dispensing |
22 | | Organization License before the expiration dates provided in |
23 | | subsections (o) and (p) of this Section, the dispensing |
24 | | organization shall cease serving purchasers until it receives a |
25 | | renewal or an Adult Use Dispensing Organization License. |
26 | | (r) A dispensing organization agent who holds a valid |
|
| | SB1557 Enrolled | - 189 - | LRB101 08168 SMS 53234 b |
|
|
1 | | dispensing organization agent identification card issued under |
2 | | the Compassionate Use of Medical Cannabis Pilot Program Act and |
3 | | is an officer, director, manager, or employee of the dispensing |
4 | | organization licensed under this Section may engage in all |
5 | | activities authorized by this Article to be performed by a |
6 | | dispensing organization agent. |
7 | | (s) If the Department suspends , permanently revokes, or |
8 | | otherwise disciplines the Early Approval Adult Use Dispensing |
9 | | Organization License of a dispensing organization that also |
10 | | holds a medical cannabis dispensing organization license |
11 | | issued under the Compassionate Use of Medical Cannabis Program |
12 | | Act, the Department may consider the suspension, permanent |
13 | | revocation, or other discipline or revokes the Early Approval |
14 | | Adult Use Dispensing Organization License of a dispensing |
15 | | organization that also holds a medical cannabis dispensing |
16 | | organization license issued under the Compassionate Use of |
17 | | Medical Cannabis Pilot Program Act, the Department may consider |
18 | | the suspension or revocation as grounds to take disciplinary |
19 | | action against the medical cannabis dispensing organization. |
20 | | (t) All fees collected pursuant to this Section shall be |
21 | | deposited into the Cannabis Regulation Fund, unless otherwise |
22 | | specified or fines collected from an Early Approval Adult Use |
23 | | Dispensary Organization License at a secondary site holder as a |
24 | | result of a disciplinary action in the enforcement of this Act |
25 | | shall be deposited into the Cannabis Regulation Fund and be |
26 | | appropriated to the Department for the ordinary and contingent |
|
| | SB1557 Enrolled | - 190 - | LRB101 08168 SMS 53234 b |
|
|
1 | | expenses of the Department in the administration and |
2 | | enforcement of this Section .
|
3 | | (Source: P.A. 101-27, eff. 6-25-19.) |
4 | | (410 ILCS 705/15-25)
|
5 | | Sec. 15-25. Awarding of Conditional Adult Use Dispensing |
6 | | Organization Licenses prior to January 1, 2021. |
7 | | (a) The Department shall issue up to 75 Conditional Adult |
8 | | Use Dispensing Organization Licenses before May 1, 2020. |
9 | | (b) The Department shall make the application for a |
10 | | Conditional Adult Use Dispensing Organization License |
11 | | available no later than October 1, 2019 and shall accept |
12 | | applications no later than January 1, 2020. |
13 | | (c) To ensure the geographic dispersion of Conditional |
14 | | Adult Use Dispensing Organization License holders, the |
15 | | following number of licenses shall be awarded in each BLS |
16 | | Region as determined by each region's percentage of the State's |
17 | | population: |
18 | | (1) Bloomington: 1 |
19 | | (2) Cape Girardeau: 1 |
20 | | (3) Carbondale-Marion: 1 |
21 | | (4) Champaign-Urbana: 1 |
22 | | (5) Chicago-Naperville-Elgin: 47 |
23 | | (6) Danville: 1 |
24 | | (7) Davenport-Moline-Rock Island: 1 |
25 | | (8) Decatur: 1 |
|
| | SB1557 Enrolled | - 191 - | LRB101 08168 SMS 53234 b |
|
|
1 | | (9) Kankakee: 1 |
2 | | (10) Peoria: 3 |
3 | | (11) Rockford: 2 |
4 | | (12) St. Louis: 4 |
5 | | (13) Springfield: 1 |
6 | | (14) Northwest Illinois nonmetropolitan: 3 |
7 | | (15) West Central Illinois nonmetropolitan: 3 |
8 | | (16) East Central Illinois nonmetropolitan: 2 |
9 | | (17) South Illinois nonmetropolitan: 2 |
10 | | (d) An applicant seeking issuance of a Conditional Adult |
11 | | Use Dispensing Organization License shall submit an |
12 | | application on forms provided by the Department. An applicant |
13 | | must meet the following requirements: |
14 | | (1) Payment of a nonrefundable application fee of |
15 | | $5,000 for each license for which the applicant is |
16 | | applying, which shall be deposited into the Cannabis |
17 | | Regulation Fund; |
18 | | (2) Certification that the applicant will comply with |
19 | | the requirements contained in this Act; |
20 | | (3) The legal name of the proposed dispensing |
21 | | organization; |
22 | | (4) A statement that the dispensing organization |
23 | | agrees to respond to the Department's supplemental |
24 | | requests for information; |
25 | | (5) From each principal officer, a statement |
26 | | indicating whether that person: |
|
| | SB1557 Enrolled | - 192 - | LRB101 08168 SMS 53234 b |
|
|
1 | | (A) has previously held or currently holds an |
2 | | ownership interest in a cannabis business |
3 | | establishment in Illinois; or |
4 | | (B) has held an ownership interest in a dispensing |
5 | | organization or its equivalent in another state or |
6 | | territory of the United States that had the dispensing |
7 | | organization registration or license suspended, |
8 | | revoked, placed on probationary status, or subjected |
9 | | to other disciplinary action; |
10 | | (6) Disclosure of whether any principal officer has |
11 | | ever filed for bankruptcy or defaulted on spousal support |
12 | | or child support obligation; |
13 | | (7) A resume for each principal officer, including |
14 | | whether that person has an academic degree, certification, |
15 | | or relevant experience with a cannabis business |
16 | | establishment or in a related industry; |
17 | | (8) A description of the training and education that |
18 | | will be provided to dispensing organization agents; |
19 | | (9) A copy of the proposed operating bylaws; |
20 | | (10) A copy of the proposed business plan that complies |
21 | | with the requirements in this Act, including, at a minimum, |
22 | | the following: |
23 | | (A) A description of services to be offered; and |
24 | | (B) A description of the process of dispensing |
25 | | cannabis; |
26 | | (11) A copy of the proposed security plan that complies |
|
| | SB1557 Enrolled | - 193 - | LRB101 08168 SMS 53234 b |
|
|
1 | | with the requirements in this Article, including: |
2 | | (A) The process or controls that will be |
3 | | implemented to monitor the dispensary, secure the |
4 | | premises, agents, and currency, and prevent the |
5 | | diversion, theft, or loss of cannabis; and |
6 | | (B) The process to ensure that access to the |
7 | | restricted access areas is restricted to, registered |
8 | | agents, service professionals, transporting |
9 | | organization agents, Department inspectors, and |
10 | | security personnel; |
11 | | (12) A proposed inventory control plan that complies |
12 | | with this Section; |
13 | | (13) A proposed floor plan, a square footage estimate, |
14 | | and a description of proposed security devices, including, |
15 | | without limitation, cameras, motion detectors, servers, |
16 | | video storage capabilities, and alarm service providers; |
17 | | (14) The name, address, social security number, and |
18 | | date of birth of each principal officer and board member of |
19 | | the dispensing organization; each of those individuals |
20 | | shall be at least 21 years of age; |
21 | | (15) Evidence of the applicant's status as a Social |
22 | | Equity Applicant, if applicable, and whether a Social |
23 | | Equity Applicant plans to apply for a loan or grant issued |
24 | | by the Department of Commerce and Economic Opportunity; |
25 | | (16) The address, telephone number, and email address |
26 | | of the applicant's principal place of business, if |
|
| | SB1557 Enrolled | - 194 - | LRB101 08168 SMS 53234 b |
|
|
1 | | applicable. A post office box is not permitted; |
2 | | (17) Written summaries of any information regarding |
3 | | instances in which a business or not-for-profit that a |
4 | | prospective board member previously managed or served on |
5 | | were fined or censured, or any instances in which a |
6 | | business or not-for-profit that a prospective board member |
7 | | previously managed or served on had its registration |
8 | | suspended or revoked in any administrative or judicial |
9 | | proceeding; |
10 | | (18) A plan for community engagement; |
11 | | (19) Procedures to ensure accurate recordkeeping and |
12 | | security measures that are in accordance with this Article |
13 | | and Department rules; |
14 | | (20) The estimated volume of cannabis it plans to store |
15 | | at the dispensary; |
16 | | (21) A description of the features that will provide |
17 | | accessibility to purchasers as required by the Americans |
18 | | with Disabilities Act; |
19 | | (22) A detailed description of air treatment systems |
20 | | that will be installed to reduce odors; |
21 | | (23) A reasonable assurance that the issuance of a |
22 | | license will not have a detrimental impact on the community |
23 | | in which the applicant wishes to locate; |
24 | | (24) The dated signature of each principal officer; |
25 | | (25) A description of the enclosed, locked facility |
26 | | where cannabis will be stored by the dispensing |
|
| | SB1557 Enrolled | - 195 - | LRB101 08168 SMS 53234 b |
|
|
1 | | organization; |
2 | | (26) Signed statements from each dispensing |
3 | | organization agent stating that he or she will not divert |
4 | | cannabis; |
5 | | (27) The number of licenses it is applying for in each |
6 | | BLS Region; |
7 | | (28) A diversity plan that includes a narrative of at |
8 | | least 2,500 words that establishes a goal of diversity in |
9 | | ownership, management, employment, and contracting to |
10 | | ensure that diverse participants and groups are afforded |
11 | | equality of opportunity; |
12 | | (29) A contract with a private security contractor that |
13 | | is licensed under Section 10-5 of the Private Detective, |
14 | | Private Alarm, Private Security, Fingerprint Vendor, and |
15 | | Locksmith Act of 2004 in order for the dispensary to have |
16 | | adequate security at its facility; and |
17 | | (30) Other information deemed necessary by the |
18 | | Illinois Cannabis Regulation Oversight Officer to conduct |
19 | | the disparity and availability study referenced in |
20 | | subsection (e) of Section 5-45. |
21 | | (e) An applicant who receives a Conditional Adult Use |
22 | | Dispensing Organization License under this Section has 180 days |
23 | | from the date of award to identify a physical location for the |
24 | | dispensing organization retail storefront. Before a |
25 | | conditional licensee receives an authorization to build out the |
26 | | dispensing organization from the Department, the Department |
|
| | SB1557 Enrolled | - 196 - | LRB101 08168 SMS 53234 b |
|
|
1 | | shall inspect the physical space selected by the conditional |
2 | | licensee. The Department shall verify the site is suitable for |
3 | | public access, the layout promotes the safe dispensing of |
4 | | cannabis, the location is sufficient in size, power allocation, |
5 | | lighting, parking, handicapped accessible parking spaces, |
6 | | accessible entry and exits as required by the Americans with |
7 | | Disabilities Act, product handling, and storage. The applicant |
8 | | shall also provide a statement of reasonable assurance that the |
9 | | issuance of a license will not have a detrimental impact on the |
10 | | community. The applicant shall also provide evidence that the |
11 | | location is not within 1,500 feet of an existing dispensing |
12 | | organization. If an applicant is unable to find a suitable |
13 | | physical address in the opinion of the Department within 180 |
14 | | days of the issuance of the Conditional Adult Use Dispensing |
15 | | Organization License, the Department may extend the period for |
16 | | finding a physical address another 180 days if the Conditional |
17 | | Adult Use Dispensing Organization License holder demonstrates |
18 | | concrete attempts to secure a location and a hardship. If the |
19 | | Department denies the extension or the Conditional Adult Use |
20 | | Dispensing Organization License holder is unable to find a |
21 | | location or become operational within 360 days of being awarded |
22 | | a conditional license, the Department shall rescind the |
23 | | conditional license and award it to the next highest scoring |
24 | | applicant in the BLS Region for which the license was assigned, |
25 | | provided the applicant receiving the license: (i) confirms a |
26 | | continued interest in operating a dispensing organization; |
|
| | SB1557 Enrolled | - 197 - | LRB101 08168 SMS 53234 b |
|
|
1 | | (ii) can provide evidence that the applicant continues to meet |
2 | | all requirements for holding a Conditional Adult Use Dispensing |
3 | | Organization License set forth in this Act the financial |
4 | | requirements provided in subsection (c) of this Section ; and |
5 | | (iii) has not otherwise become ineligible to be awarded a |
6 | | dispensing organization license. If the new awardee is unable |
7 | | to accept the Conditional Adult Use Dispensing Organization |
8 | | License, the Department shall award the Conditional Adult Use |
9 | | Dispensing Organization License to the next highest scoring |
10 | | applicant in the same manner. The new awardee shall be subject |
11 | | to the same required deadlines as provided in this subsection. |
12 | | (e-5) If, within 180 days of being awarded a Conditional |
13 | | Adult Use Dispensing Organization License license , a |
14 | | dispensing organization is unable to find a location within the |
15 | | BLS Region in which it was awarded a Conditional Adult Use |
16 | | Dispensing Organization License license because no |
17 | | jurisdiction within the BLS Region allows for the operation of |
18 | | an Adult Use Dispensing Organization, the Department of |
19 | | Financial and Professional Regulation may authorize the |
20 | | Conditional Adult Use Dispensing Organization License holder |
21 | | to transfer its license to a BLS Region specified by the |
22 | | Department. |
23 | | (f) A dispensing organization that is awarded a Conditional |
24 | | Adult Use Dispensing Organization License pursuant to the |
25 | | criteria in Section 15-30 shall not purchase, possess, sell, or |
26 | | dispense cannabis or cannabis-infused products until the |
|
| | SB1557 Enrolled | - 198 - | LRB101 08168 SMS 53234 b |
|
|
1 | | person has received an Adult Use Dispensing Organization |
2 | | License issued by the Department pursuant to Section 15-36 of |
3 | | this Act. The Department shall not issue an Adult Use |
4 | | Dispensing Organization License until: |
5 | | (1) the Department has inspected the dispensary site |
6 | | and proposed operations and verified that they are in |
7 | | compliance with this Act and local zoning laws; and |
8 | | (2) the Conditional Adult Use Dispensing Organization |
9 | | License holder has paid a registration fee of $60,000, or a |
10 | | prorated amount accounting for the difference of time |
11 | | between when the Adult Use Dispensing Organization License |
12 | | is issued and March 31 of the next even-numbered year. |
13 | | (g) The Department shall conduct a background check of the |
14 | | prospective organization agents in order to carry out this |
15 | | Article. The Department of State Police shall charge the |
16 | | applicant a fee for conducting the criminal history record |
17 | | check, which shall be deposited into the State Police Services |
18 | | Fund and shall not exceed the actual cost of the record check. |
19 | | Each person applying as a dispensing organization agent shall |
20 | | submit a full set of fingerprints to the Department of State |
21 | | Police for the purpose of obtaining a State and federal |
22 | | criminal records check. These fingerprints shall be checked |
23 | | against the fingerprint records now and hereafter, to the |
24 | | extent allowed by law, filed in the Department of State Police |
25 | | and Federal Bureau of Identification criminal history records |
26 | | databases. The Department of State Police shall furnish, |
|
| | SB1557 Enrolled | - 199 - | LRB101 08168 SMS 53234 b |
|
|
1 | | following positive identification, all Illinois conviction |
2 | | information to the Department.
|
3 | | (Source: P.A. 101-27, eff. 6-25-19.) |
4 | | (410 ILCS 705/15-30)
|
5 | | Sec. 15-30. Selection criteria for conditional licenses |
6 | | awarded under Section 15-25. |
7 | | (a) Applicants for a Conditional Adult Use Dispensing |
8 | | Organization License must submit all required information, |
9 | | including the information required in Section 15-25, to the |
10 | | Department. Failure by an applicant to submit all required |
11 | | information may result in the application being disqualified. |
12 | | (b) If the Department receives an application that fails to |
13 | | provide the required elements contained in this Section, the |
14 | | Department shall issue a deficiency notice to the applicant. |
15 | | The applicant shall have 10 calendar days from the date of the |
16 | | deficiency notice to resubmit the incomplete information. |
17 | | Applications that are still incomplete after this opportunity |
18 | | to cure will not be scored and will be disqualified. |
19 | | (c) The Department will award up to 250 points to complete |
20 | | applications based on the sufficiency of the applicant's |
21 | | responses to required information. Applicants will be awarded |
22 | | points based on a determination that the application |
23 | | satisfactorily includes the following elements: |
24 | | (1) Suitability of Employee Training Plan (15 points). |
25 | | The plan includes an employee training plan that |
|
| | SB1557 Enrolled | - 200 - | LRB101 08168 SMS 53234 b |
|
|
1 | | demonstrates that employees will understand the rules |
2 | | and laws to be followed by dispensary employees, have |
3 | | knowledge of any security measures and operating |
4 | | procedures of the dispensary, and are able to advise |
5 | | purchasers on how to safely consume cannabis and use |
6 | | individual products offered by the dispensary. |
7 | | (2) Security and Recordkeeping (65 points). |
8 | | (A) The security plan accounts for the prevention |
9 | | of the theft or diversion of cannabis. The security |
10 | | plan demonstrates safety procedures for dispensing |
11 | | organization dispensary agents and purchasers, and |
12 | | safe delivery and storage of cannabis and currency. It |
13 | | demonstrates compliance with all security requirements |
14 | | in this Act and rules. |
15 | | (B) A plan for recordkeeping, tracking, and |
16 | | monitoring inventory, quality control, and other |
17 | | policies and procedures that will promote standard |
18 | | recordkeeping and discourage unlawful activity. This |
19 | | plan includes the applicant's strategy to communicate |
20 | | with the Department and the Department of State Police |
21 | | on the destruction and disposal of cannabis. The plan |
22 | | must also demonstrate compliance with this Act and |
23 | | rules. |
24 | | (C) The security plan shall also detail which |
25 | | private security contractor licensed under Section |
26 | | 10-5 of the Private Detective, Private Alarm, Private |
|
| | SB1557 Enrolled | - 201 - | LRB101 08168 SMS 53234 b |
|
|
1 | | Security, Fingerprint Vendor, and Locksmith Act of |
2 | | 2004 the dispensary will contract with in order to |
3 | | provide adequate security at its facility. |
4 | | (3) Applicant's Business Plan, Financials, Operating |
5 | | and Floor Plan (65 points). |
6 | | (A) The business plan shall describe, at a minimum, |
7 | | how the dispensing organization will be managed on a |
8 | | long-term basis. This shall include a description of |
9 | | the dispensing organization's point-of-sale system, |
10 | | purchases and denials of sale, confidentiality, and |
11 | | products and services to be offered. It will |
12 | | demonstrate compliance with this Act and rules. |
13 | | (B) The operating plan shall include, at a minimum, |
14 | | best practices for day-to-day dispensary operation and |
15 | | staffing. The operating plan may also include |
16 | | information about employment practices, including |
17 | | information about the percentage of full-time |
18 | | employees who will be provided a living wage. |
19 | | (C) The proposed floor plan is suitable for public |
20 | | access, the layout promotes safe dispensing of |
21 | | cannabis, is compliant with the Americans with |
22 | | Disabilities Act and the Environmental Barriers Act, |
23 | | and facilitates safe product handling and storage. |
24 | | (4) Knowledge and Experience (30 points). |
25 | | (A) The applicant's principal officers must |
26 | | demonstrate experience and qualifications in business |
|
| | SB1557 Enrolled | - 202 - | LRB101 08168 SMS 53234 b |
|
|
1 | | management or experience with the cannabis industry. |
2 | | This includes ensuring optimal safety and accuracy in |
3 | | the dispensing and sale of cannabis. |
4 | | (B) The applicant's principal officers must |
5 | | demonstrate knowledge of various cannabis product |
6 | | strains or varieties and describe the types and |
7 | | quantities of products planned to be sold. This |
8 | | includes confirmation of whether the dispensing |
9 | | organization plans to sell cannabis paraphernalia or |
10 | | edibles. |
11 | | (C) Knowledge and experience may be demonstrated |
12 | | through experience in other comparable industries that |
13 | | reflect on the applicant's ability to operate a |
14 | | cannabis business establishment. |
15 | | (5) Status as a Social Equity Applicant (50 points). |
16 | | The applicant meets the qualifications for a |
17 | | Social Equity Applicant as set forth in this Act. |
18 | | (6) Labor and employment practices (5 points): The |
19 | | applicant may describe plans to provide a safe, healthy, |
20 | | and economically beneficial working environment for its |
21 | | agents, including, but not limited to, codes of conduct, |
22 | | health care benefits, educational benefits, retirement |
23 | | benefits, living wage standards, and entering a labor peace |
24 | | agreement with employees. |
25 | | (7) Environmental Plan (5 points): The applicant may |
26 | | demonstrate an environmental plan of action to minimize the |
|
| | SB1557 Enrolled | - 203 - | LRB101 08168 SMS 53234 b |
|
|
1 | | carbon footprint, environmental impact, and resource needs |
2 | | for the dispensary, which may include, without limitation, |
3 | | recycling cannabis product packaging. |
4 | | (8) Illinois owner (5 points): The applicant is 51% or |
5 | | more owned and controlled by an Illinois resident, who can |
6 | | prove residency in each of the past 5 years with tax |
7 | | records or 2 of the following: . |
8 | | (A) a signed lease agreement that includes the |
9 | | applicant's name; |
10 | | (B) a property deed that includes the applicant's |
11 | | name; |
12 | | (C) school records; |
13 | | (D) a voter registration card; |
14 | | (E) an Illinois driver's license, an Illinois |
15 | | Identification Card, or an Illinois Person with a |
16 | | Disability Identification Card; |
17 | | (F) a paycheck stub; |
18 | | (G) a utility bill; or |
19 | | (H) any other proof of residency or other |
20 | | information necessary to establish residence as |
21 | | provided by rule. |
22 | | (9) Status as veteran (5 points): The applicant is 51% |
23 | | or more controlled and owned by an individual or |
24 | | individuals who meet the qualifications of a veteran as |
25 | | defined by Section 45-57 of the Illinois Procurement Code. |
26 | | (10) A diversity plan (5 points): that includes a |
|
| | SB1557 Enrolled | - 204 - | LRB101 08168 SMS 53234 b |
|
|
1 | | narrative of not more than 2,500 words that establishes a |
2 | | goal of diversity in ownership, management, employment, |
3 | | and contracting to ensure that diverse participants and |
4 | | groups are afforded equality of opportunity. |
5 | | (d) The Department may also award up to 2 bonus points for |
6 | | a plan to engage with the community. The applicant may |
7 | | demonstrate a desire to engage with its community by |
8 | | participating in one or more of, but not limited to, the |
9 | | following actions: (i) establishment of an incubator program |
10 | | designed to increase participation in the cannabis industry by |
11 | | persons who would qualify as Social Equity Applicants; (ii) |
12 | | providing financial assistance to substance abuse treatment |
13 | | centers; (iii) educating children and teens about the potential |
14 | | harms of cannabis use; or (iv) other measures demonstrating a |
15 | | commitment to the applicant's community. Bonus points will only |
16 | | be awarded if the Department receives applications that receive |
17 | | an equal score for a particular region. |
18 | | (e) The Department may verify information contained in each |
19 | | application and accompanying documentation to assess the |
20 | | applicant's veracity and fitness to operate a dispensing |
21 | | organization. |
22 | | (f) The Department may, in its discretion, refuse to issue |
23 | | an authorization to any applicant: |
24 | | (1) Who is unqualified to perform the duties required |
25 | | of the applicant; |
26 | | (2) Who fails to disclose or states falsely any |
|
| | SB1557 Enrolled | - 205 - | LRB101 08168 SMS 53234 b |
|
|
1 | | information called for in the application; |
2 | | (3) Who has been found guilty of a violation of this |
3 | | Act, or whose medical cannabis dispensing organization, |
4 | | medical cannabis cultivation organization, or Early |
5 | | Approval Adult Use Dispensing Organization License, or |
6 | | Early Approval Adult Use Dispensing Organization License |
7 | | at a secondary site, or Early Approval Cultivation Center |
8 | | License was suspended, restricted, revoked, or denied for |
9 | | just cause, or the applicant's cannabis business |
10 | | establishment license was suspended, restricted, revoked, |
11 | | or denied in any other state; or |
12 | | (4) Who has engaged in a pattern or practice of unfair |
13 | | or illegal practices, methods, or activities in the conduct |
14 | | of owning a cannabis business establishment or other |
15 | | business. |
16 | | (g) The Department shall deny the license if any principal |
17 | | officer, board member, or person having a financial or voting |
18 | | interest of 5% or greater in the licensee is delinquent in |
19 | | filing any required tax returns or paying any amounts owed to |
20 | | the State of Illinois. |
21 | | (h) The Department shall verify an applicant's compliance |
22 | | with the requirements of this Article and rules before issuing |
23 | | a dispensing organization license. |
24 | | (i) Should the applicant be awarded a license, the |
25 | | information and plans provided in the application, including |
26 | | any plans submitted for bonus points, shall become a condition |
|
| | SB1557 Enrolled | - 206 - | LRB101 08168 SMS 53234 b |
|
|
1 | | of the Conditional Adult Use Dispensing Organization Licenses |
2 | | and any Adult Use Dispensing Organization License issued to the |
3 | | holder of the Conditional Adult Use Dispensing Organization |
4 | | License , except as otherwise provided by this Act or rule. |
5 | | Dispensing organizations have a duty to disclose any material |
6 | | changes to the application. The Department shall review all |
7 | | material changes disclosed by the dispensing organization, and |
8 | | may re-evaluate its prior decision regarding the awarding of a |
9 | | license, including, but not limited to, suspending or |
10 | | permanently revoking a license. Failure to comply with the |
11 | | conditions or requirements in the application may subject the |
12 | | dispensing organization to discipline, up to and including |
13 | | suspension or permanent revocation of its authorization or |
14 | | license by the Department. |
15 | | (j) If an applicant has not begun operating as a dispensing |
16 | | organization within one year of the issuance of the Conditional |
17 | | Adult Use Dispensing Organization License, the Department may |
18 | | permanently revoke the Conditional Adult Use Dispensing |
19 | | Organization License and award it to the next highest scoring |
20 | | applicant in the BLS Region if a suitable applicant indicates a |
21 | | continued interest in the license or begin a new selection |
22 | | process to award a Conditional Adult Use Dispensing |
23 | | Organization License. |
24 | | (k) The Department shall deny an application if granting |
25 | | that application would result in a single person or entity |
26 | | having a direct or indirect financial interest in more than 10 |
|
| | SB1557 Enrolled | - 207 - | LRB101 08168 SMS 53234 b |
|
|
1 | | Early Approval Adult Use Dispensing Organization Licenses, |
2 | | Conditional Adult Use Dispensing Organization Licenses, or |
3 | | Adult Use Dispensing Organization Licenses. Any entity that is |
4 | | awarded a license that results in a single person or entity |
5 | | having a direct or indirect financial interest in more than 10 |
6 | | licenses shall forfeit the most recently issued license and |
7 | | suffer a penalty to be determined by the Department, unless the |
8 | | entity declines the license at the time it is awarded.
|
9 | | (Source: P.A. 101-27, eff. 6-25-19.) |
10 | | (410 ILCS 705/15-35)
|
11 | | Sec. 15-35. Conditional Adult Use Dispensing Organization |
12 | | License after January 1, 2021. |
13 | | (a) In addition to any of the licenses issued in Sections |
14 | | 15-15, Section 15-20, or Section 15-25 of this Act, by December |
15 | | 21, 2021, the Department shall issue up to 110 Conditional |
16 | | Adult Use Dispensing Organization Licenses, pursuant to the |
17 | | application process adopted under this Section. Prior to |
18 | | issuing such licenses, the Department may adopt rules through |
19 | | emergency rulemaking in accordance with subsection (gg) of |
20 | | |