HB2992 104TH GENERAL ASSEMBLY

LRB104 10173 BDA 20245 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB2992

Introduced 2/6/2025, by Rep. Theresa Mah

SYNOPSIS AS INTRODUCED:

New Act
5 ILCS 140/7
30 ILCS 105/5.1030 new
30 ILCS 105/5.1031 new
35 ILCS 1010/1-45
625 ILCS 5/11-501	from Ch. 95 1/2, par. 11-501

Creates the Healing Opportunities through Psilocybin Equity Pilot Program Act. Details findings, purposes, statutory construction, and definitions. Establishes the Illinois Psilocybin Advisory Board within the Department of Financial and Professional Regulation. Provides duties of the Board. Provides that the Department of Public Health, the Department of Agriculture, the Department of Financial and Professional Regulation, the Illinois State Police, and the Department of Revenue have certain duties, functions, and powers under the Act. Provides for a program development period, with certain requirements. Provides for different types of licenses starting on or before July 1 of the year 3 years after the effective date of the Act, with certain requirements. Provides immunity from certain criminal civil liability for a licensee or licensee representative with respect to manufacture, delivery, and possession of psilocybin products. Provides requirements for psilocybin services. Provides for discipline of licensees. Provides for civil and criminal penalties for violations. Provides for certain administrative hearings. Limits home rule. Imposes a tax upon purchasers for the privilege of using psilocybin at a rate of 15% of the purchase price. Establishes the Psilocybin Control and Regulation Fund and the Illinois Psilocybin Fund as special funds in the State Treasury for certain purposes. Makes other provisions. Amends the Freedom of Information Act to exempt certain information under the Healing Opportunities through Psilocybin Equity Pilot Program Act from disclosure. Amends the State Finance Act and the Illinois Independent Tax Tribunal Act of 2012 to make conforming changes. Amends the Illinois Vehicle Code to add psilocybin or psilocin as defined in the Healing Opportunities Through Psilocybin Equity Pilot Program Act to provisions regarding driving while under the influence. Effective immediately.

A BILL FOR

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title; references to Act. This Act may be cited as the Healing Opportunities through Psilocybin Equity Pilot Program Act.

Section 5. Findings. The General Assembly finds that:

(1) The State of Illinois is experiencing a severe mental health crisis, with nearly one in 5 adults affected annually and suicide ranking as the third leading cause of death for individuals aged 15-34. Access to effective mental health care remains inadequate, particularly in rural and underserved communities facing provider shortages and systemic inequalities.

(2) In 2023, the Illinois General Assembly established a Council to advise the Department of Healthcare and Family Services on clinical access and training infrastructure for Food and Drug Administration ("FDA") breakthrough therapies aimed at Veteran suicide prevention.

(3) According to the U.S. Department of Veterans Affairs' 2022 data, the veteran suicide rate in Illinois was significantly higher than the national general population suicide rate.

(4) Emerging research supports psilocybin-assisted therapy, combined with psychotherapy, to address mental health conditions, including treatment-resistant depression, anxiety, PTSD, substance use disorders, and end-of-life psychological distress.

(5) The United States Food and Drug Administration has:

(A) determined that preliminary clinical evidence indicates that psilocybin may significantly improve outcomes for treatment-resistant depression; and

(B) granted "Breakthrough Therapy" designation for psilocybin-based treatments for depression.

(6) The War on Drugs has imposed significant financial and social costs, failing to address substance use in a way that reflects modern understanding of its risks or therapeutic potential. Criminalization has not deterred drug use but has instead created unsafe, unregulated markets where dosages are unreliable and dangerous adulterants like fentanyl proliferate.

(7) Cities like Denver, Colorado, have decriminalized psilocybin possession, reflecting a growing national shift toward harm reduction policies for natural medicines.

(8) In 2020, Oregon established a culturally responsive regulatory system to provide therapeutic access to psilocybin through Measure 109.

(9) In 2022, Colorado voters passed Proposition 122, decriminalizing psychedelic plants and fungi statewide and establishing a framework for state-licensed treatment centers to administer these compounds under trained supervision.

(10) To transition away from criminalization while protecting individuals and minimizing harm, it is necessary to adopt evidence-based policy, consult with experts, and maintain open discourse grounded in harm reduction and human rights.

(11) Illinoisans deserve equitable access to mental health tools, including psilocybin-assisted therapies that prioritize community-based healing and culturally responsive approaches.

(12) The purpose of this Act is to develop a statewide Pilot Program to expand access to psilocybin-assisted therapies through a safe, evidence-based, and regulated framework.

(13) A regulated psilocybin framework can generate tax revenue to fund public health initiatives, harm reduction programs, and expanded mental health services.

(14) By establishing a regulated framework for psilocybin therapy, Illinois can address mental health disparities, provide innovative treatments, and foster equitable economic opportunities in communities disproportionately affected by systemic inequities.

(15) These changes in law will not displace any restrictions on driving or operating a vehicle while impaired, an employer's ability to restrict the use of controlled substances by its employees, or the legal standard for negligence.

(16) This Act promotes research, education, and harm reduction strategies to advance evidence-based policies grounded in reciprocity, human rights, and public health. It encourages expert collaboration and open discourse to develop an effective regulatory system addressing individual and societal needs.

(17) During the program development period, the following agencies shall coordinate efforts to implement the HOPE Pilot Program:

(A) the Department of Public Health shall lead efforts to review, publish and distribute research on psilocybin's safety and efficacy in treating mental health conditions;

(B) the Department of Agriculture shall oversee the development of cultivation standards for psilocybin production;

(C) the Department of Financial and Professional Regulation shall establish licensing procedures for service centers and facilitators;

(D) the Illinois State Police shall collaborate on public safety standards, including the prevention of impaired driving and diversion; and

(E) the Department of Revenue shall create a tax framework to support program funding and reinvestment into public health initiatives.

(18) An Advisory Board, comprising experts in public health, mental health, law enforcement, agriculture, and impacted communities, shall be established to provide guidelines and recommendations on program development, implementation and equitable access.

Section 10. Purposes.

This Act establishes a pilot program to ensure the safe, effective, and equitable use of psilocybin for therapeutic purposes, by:

(1) expanding access to innovative, cost-effective treatment options for behavior health conditions to improve the physical, mental, and social well-being of adults in Illinois;

(2) implementing a public health and harm reduction approach by establishing a regulatory framework for supervised adult use of psilocybin;

(3) developing and promoting public education related to the use of psilocybin and appropriate training for first responders;

(4) creating a long-term plan to ensure psilocybin services remain safe, accessible, and affordable for adults in Illinois, with a focus on underserved and marginalized communities;

(5) after the program development period:

(A) permitting persons licensed, controlled, and regulated by this State to legally manufacture psilocybin products and provide psilocybin services subject to the provisions of this Act; and

(B) establishing a comprehensive regulatory framework concerning psilocybin products and psilocybin services under State law.

(6) This Act seeks to prevent:

(A) the distribution of psilocybin products to unauthorized individuals who are not permitted to possess psilocybin products, including persons under 21 years of age; and

(B) the diversion of psilocybin products to other states.

Section 15. Construction. This Act may not be construed to:

(1) Amend or affect State or federal law pertaining to employment matters.

(2) Amend or affect State or federal law pertaining to landlord-tenant matters.

(3) Require a government medical assistance program or private health insurer to reimburse a person for costs associated with the use of psilocybin products.

(4) Prohibit a recipient of a federal grant or an applicant for a federal grant from prohibiting the manufacture, delivery, possession, or use of psilocybin products to the extent necessary to satisfy federal requirements for the grant.

(5) Prohibit a party to a federal contract or a person applying to be a party to a federal contract from prohibiting the manufacture, delivery, possession, or use of psilocybin products to the extent necessary to comply with the terms and conditions of the contract or to satisfy federal requirements for the contract.

(6) Require a person to violate a federal law.

(7) Exempt a person from a federal law or obstruct the enforcement of a federal law.

(8) Amend or affect State law to the extent that a person does not manufacture, deliver, or possess psilocybin products in accordance with the provisions of this Act and rules adopted under this Act.

Section 20. Definitions. In this Act:

"Administration session" means a structured session led by a licensed facilitator during which a client consumes and experiences the effects of a psilocybin product in accordance with this Act.

"Adult use of psilocybin" means the authorized, non-commercial use of psilocybin under the public health framework of this Act.

"Advisory Board" or "Board" means the Illinois Psilocybin Advisory Board established under this Act.

"Certifying Healthcare Professional" means a licensed physician, psychiatrist, or prescribing psychologist or an advanced practice registered nurse or physician assistant who has prescribing authority.

"Client" means an individual seeking psilocybin-assisted services for the treatment or management of a medical or mental health condition or for purposes of personal growth, self-improvement, or enhanced well-being.

"Culturally and linguistically responsive services" means psilocybin services offered by service centers and facilitators that are responsive to diverse cultural beliefs and practices, preferred languages, literacy, and other communication needs of clients.

"Exclusion criteria" means certain health conditions, prescription medications, or consumption of other substances that, based on currently available medical information and research, are contraindicated or have a risk of negative interaction with the use of psilocybin. Initial exclusion criteria are codified in rules adopted under this Act, and subsequent changes shall require public notice and consultation with the Advisory Board.

"Facilitator" means an individual licensed under this Act to facilitate psilocybin service in this State.

"Health screening" means a form completed by a certifying healthcare professional to confirm symptoms or diagnoses and assess exclusion criteria for psilocybin use.

"Integration session" means a meeting between a client and a facilitator that may occur after the client completes an administration session.

"Legal entity" means a corporation, limited liability company, limited partnership, or other legal entity that is registered with the office of the Secretary of State or with a comparable office of another jurisdiction.

"Licensee" means a person who holds a license issued under Section 50 of this Act.

"Licensee representative" means an owner, director, officer, manager, employee, agent, or other representative of a licensee, to the extent that the person acts in a representative capacity.

"Manufacture" means the manufacture, planting, cultivation, growing, harvesting, production, preparation, propagation, compounding, conversion, or processing of a psilocybin product, directly or indirectly, by extraction from substances of natural origin. "Manufacture" includes any packaging or repackaging of the psilocybin product or labeling or relabeling of its container but does not include rebranding or relabeling by an ancillary company that does not alter the product's contents.

"Post-administration evaluation session" means a meeting between a client and a facilitator that must occur immediately following the conclusion of an administration session and before the client's release from the service center.

"Premises" includes locations licensed under this Act, including:

(1) All enclosed areas used in the operation of a licensed business, such as offices, kitchens, restrooms, and storerooms.

(2) Outdoor areas specifically licensed by the Department for the manufacturing of psilocybin products or the operation of service centers.

(3) Designated outdoor service center areas used for psilocybin services, as licensed by the Department.

"Premises" does not include primary residences, except when necessary to provide psilocybin services to a client who is a hospice patient, who is unable to travel to a service center due to a chronic or life-threatening illness, or where the participation of family members or caregivers is critical to the client's treatment plan.

"Preparation session" means a meeting between a client and a facilitator that must occur before the client participates in an administration session.

"Program development period" means the period beginning on January 1 of the year following the year of enactment of this Act and ending no later than 24 months after the beginning date.

"Psilocybin" means the naturally occurring compound found in psilocybin-producing fungi, including its active metabolite psilocin, derived from fungi such as those in the genus Psilocybin, for regulated use under this Act.

"Psilocybin product" means:

(1) naturally occurring psilocybin-producing fungi; or

(2) mixtures or substances containing detectable amounts of psilocybin or psilocybin derived from such fungi.

"Psilocybin product" does not include psilocybin services provided under this Act.

"Psilocybin product manufacturer" means a licensed individual or entity engaged in the manufacture, cultivation, preparation, packaging or labeling of psilocybin in this State, in compliance with this Act.

"Psilocybin service" means a service provided to a client before, during, or after the client's consumption of a psilocybin product, including any of the following:

(1) a preparation session;

(2) an administration session;

(3) an integration session; or

(4) a post-administration evaluation session.

"Psychedelic" means a substance that alters perception, mood, and cognition, often used for therapeutic, introspective, or personal development purposes. For purposes of this Act, it includes the following substances in any form, except where otherwise restricted: regardless of whether the substance is regulated under the federal Controlled Substances Act or the Illinois Controlled Substances Act:

(1) Dimethyltryptamine (DMT);

(2) Ibogaine (excluding sources derived from iboga);

(3) Mescaline (excluding sources derived from peyote);

(4) Psilocybin; and

(5) Psilocin.

"Qualifying Health Conditions" include mental health disorders, chronic illnesses, and other conditions in which evidence supports the potential benefits of psilocybin.

"Referral" means a recommendation in writing by a certifying healthcare professional for a client deemed appropriate for psilocybin services, whether for medical, mental health or personal development purposes.

"Service center" means a licensed establishment where:

(1) administration sessions are conducted;

(2) psilocybin products are purchased; or

(3) other psilocybin services are provided.

"Service center operator" means a licensed individual or entity responsible for managing the operations of a service center in compliance with this Act.

Section 25. Illinois Psilocybin Advisory Board; members; terms; meetings; compensation.

(a) The Illinois Psilocybin Advisory Board is established within the Department of Financial and Professional Regulation for the purpose of advising and making recommendations for the administration of this Act. The Illinois Psilocybin Advisory Board shall consist of the following members:

(1) the Secretary of Financial and Professional Regulation or the Secretary's designee;

(2) the Director of Agriculture or the Director's designee;

(3) the Director of the Illinois State Police or the Director's designee;

(4) the Director of Revenue or the Director's designee;

(5) the Secretary of Human Services or the Secretary's designee;

(6) the Secretary of Veterans Affairs or the Secretary's designee;

(7) the Chief Behavioral Health Officer in the Department of Human Services;

(8) an expert in public health, community sciences, or a related health field, or a representative of a group providing public health services, appointed by the Governor with Senate advice and consent;

(9) a local health official, appointed by the Governor with Senate advice and consent;

(10) a psychologist experienced in diagnosing or treating mental, emotional, or behavioral conditions, appointed by the Governor with Senate advice and consent;

(11) a psychiatrist licensed in Illinois with expertise in mental health diagnosis or treatment, appointed by the Governor with Senate advice and consent;

(12) a licensed counselor with experience in mental health diagnosis or treatment, appointed by the Governor with Senate advice and consent;

(13) a physician licensed to practice medicine in Illinois, appointed by the Governor with Senate advice and consent;

(14) a licensed Doctor of Osteopathic Medicine, appointed by the Governor with Senate advice and consent;

(15) a physician representing an organization engaged in naturopathy, as defined by the American Association of Naturopathic Physicians, appointed by the Governor with Senate advice and consent;

(16) a licensed social worker or licensed clinical social worker, appointed by the Governor with Senate advice and consent;

(17) a representative of the Behavioral Health Workforce Education Center of Illinois, appointed by the Governor with Senate advice and consent;

(18) a representative from the Illinois Psychedelic Society (IPS) or a comparable organization advocating for equitable psychedelic policy implementation, appointed by the Governor with Senate advice and consent;

(19) at least 3 individuals meeting any of the following qualifications, appointed by the Governor with Senate advice and consent;

(A) professional experience in psychedelic compounds research for clinical therapy;

(B) expertise in mycology;

(C) experience in ethnobotany;

(D) expertise in psychopharmacology; and

(E) experience in psilocybin harm reduction;

(20) a current member of the Senate, appointed by the Senate President;

(21) a current member of the Senate, appointed by the Senate Minority Leader;

(22) a current member of the House, appointed by the Speaker of the House; and

(23) a current member of the House, appointed by the House Minority Leader.

(b) The term of office for an Advisory Board member appointed under this Section is 4 years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on January 1 of the following calendar year. Members may be eligible for reappointment. If there is a vacancy for any reason, the Governor shall make an appointment to serve in an acting capacity until approved by the Senate for the remainder of the unexpired term.

(c) A majority of the voting members of the Advisory Board constitutes a quorum for the transaction of business.

(d) Official action by the Advisory Board requires the approval of a majority of the voting members of the board.

(e) The Advisory Board shall elect one of its voting members to serve as chairperson.

(f) During the program development period, the Advisory Board shall meet at least once every 2 calendar months at a time and place determined by the chairperson, or a majority of the voting members of the Advisory Board. After the program development period, the Advisory Board shall meet at least once every calendar quarter at a time and place determined by the chairperson or a majority of the voting members of the Advisory Board. The Advisory Board may also meet at other times and places specified by the call of the chairperson or of a majority of the voting members of the board.

(g) The Advisory Board may adopt policies and procedures necessary for the operation of the board.

(h) The Advisory Board may establish committees or subcommittees necessary for the operation of the board.

(i) Members of the Advisory Board shall not be paid a salary but shall be reimbursed for travel and other reasonable expenses incurred while fulfilling the responsibilities of the Advisory Board.

Section 30. Duties of the Illinois Psilocybin Advisory Board.

(a) The Illinois Psilocybin Advisory Board shall perform the following duties:

(1) Provide advice to the Department of Public Health, the Department of Agriculture, the Department of Financial and Professional Regulation, the Illinois State Police, and the Department of Revenue with respect to the administration of this Act as it relates to accurate public health approaches regarding use, effect, and risk reduction of entheogens and the content and scope of educational campaigns related to entheogens.

(2) Make recommendations on available medical, psychological, and scientific studies, research, and other information relating to the safety and efficacy of psilocybin in treating mental health conditions, including, but not limited to, addiction, depression, anxiety and trauma disorders, headache disorders, and end-of-life psychological distress.

(3) Study and review the Oregon Psilocybin Services Act (Measure 109), the Colorado Natural Medicine Health Act of 2022 (Proposition 122), and relevant initiatives to legalize or decriminalize entheogen use in other states and units of local government in an effort to determine successes and pitfalls that may be applied to the rulemaking process in Illinois.

(4) Review scientific and cultural literature concerning ibogaine (except ibogaine from iboga), mescaline (except mescaline from peyote), and botanical forms of dimethyltryptamine and make recommendations concerning whether these substances may be included in this Act or a similar appropriate regulatory framework based on medical, psychological, and scientific studies, research, and other information related to the safety and efficacy of each compound to avoid an unregulated de facto market for other natural plants and fungi.

(5) Make recommendations on the requirements, specifications, and guidelines for providing psilocybin services to a client, including the following:

(A) The requirements, specifications, and guidelines for holding and verifying the completion of a preparation session, an administration session, and an integration session.

(B) The contents of the client information form that a client must complete and sign before the client participates in an administration session, giving particular consideration to the following:

(i) The information that should be solicited from the client to determine whether the client should participate in the administration session, including information that may identify risk factors and contraindications.

(ii) The information that should be solicited from the client to assist the service center operator and the facilitator in meeting any public health and safety standards and industry best practices during the administration session.

(iii) The health and safety warnings and other disclosures that should be made to the client before the client participates in the administration session.

(6) Make recommendations on public health and safety standards and industry best practices for each type of licensee under this Act.

(7) Make recommendations on the formulation of a code of professional conduct for facilitators, giving particular consideration to a code of ethics, cultural responsibility, and outlining a clear process for reporting complaints of unethical conduct by facilitators or service center employees.

(8) Make recommendations on the education, experience, and training that facilitators must achieve, giving particular consideration to the following and including whether such education, experience, and training should be available through online resources:

(A) Facilitation skills that are affirming, nonjudgmental, nondirective, trauma-informed, and rooted in informed consent.

(B) Support skills for clients during an administration session, including specialized skills for the following:

(i) client safety;

(ii) clients who may have a mental health condition;

(iii) appropriate boundaries, heightened transference in expanded states of consciousness, and special precautions related to the use of touch in psilocybin sessions;

(iv) crisis assessment and appropriate referral for those who need ongoing support if challenging mental health issues emerge in psilocybin sessions;

(C) the environment in which psilocybin services should occur;

(D) social and cultural considerations; and

(E) affordable, equitable, ethical, and culturally responsible access to entheogens and requirements to ensure that the regulated entheogen access program is equitable and inclusive.

(9) Make recommendations on the examinations that facilitators must pass.

(10) Make recommendations on public health and safety standards and industry best practices for holding and completing an administration session, including the following:

(A) best practices surrounding group administration;

(B) how clients can safely access common or outside areas on the premises at which the administration session is held;

(C) the circumstances under which an administration session is considered complete; and

(D) the transportation needs of the client after the completion of the administration session.

(11) Develop a long-term strategic plan for ensuring that psilocybin services will become and remain a safe, accessible, and affordable therapeutic option for all persons 21 years of age and older in this State for whom psilocybin may be appropriate.

(12) Monitor and study federal laws, regulations, and policies regarding psilocybin.

(13) On an ongoing basis, review and evaluate existing research studies and real-world data related to entheogens and make recommendations to the General Assembly and relevant State agencies as to whether entheogens and associated services should be covered under any Illinois State health insurance or other insurance program as a cost-effective intervention for various mental health conditions, including, but not limited to, anxiety, substance use disorder, alcoholism, depressive disorders, neurological disorders, post-traumatic stress disorder, other painful conditions, including, but not limited to, cluster headaches, migraines, cancer, and phantom limbs, and comfort care, including palliative care, support care, and hospice care.

(14) On an ongoing basis, review and evaluate sustainability issues related to natural entheogens and their impact on indigenous cultures and document existing reciprocity efforts and continuing support measures that are needed as part of the Advisory Board's annual report.

(15) Publish an annual report describing the Advisory Board's activities, including, but not limited to, any recommendations and advice to the Department of Public Health, the Department of Agriculture, the Department of Financial and Professional Regulation, the Illinois State Police, the Department of Revenue, or the General Assembly.

(b) The Department of Financial and Professional Regulation shall provide technical, logistical, and other support to the Advisory Board, as requested by the Advisory Board, to assist the Advisory Board with its duties and obligations.

Section 35. General powers and duties; rules.

(a) The Department of Public Health, the Department of Agriculture, the Department of Financial and Professional Regulation, the Illinois State Police, and the Department of Revenue have the duties, functions, and powers necessary or proper to enable each agency to carry out its duties, functions, and powers under this Act. This includes the duty to regulate the manufacturing, transportation, delivery, sale, and purchase of psilocybin products and the provision of psilocybin services in this State in accordance with the provisions of this Act. The Department of Public Health, the Department of Agriculture, the Department of Financial and Professional Regulation, the Illinois State Police, and the Department of Revenue may adopt, amend, or repeal rules as necessary to carry out the intent and provisions of this Act, including rules necessary to protect public health and safety.

(b) The Department of Public Health, the Department of Agriculture, the Department of Financial and Professional Regulation, the Illinois State Police, and the Department of Revenue shall enter into intergovernmental agreements, as necessary, to carry out the provisions of this Act, including, but not limited to, the provisions relating to the registration and oversight of any person who produces, possesses, transports, delivers, sells, or purchases a psilocybin product in this State or who provides a psilocybin service in this State. There shall be no requirement that a client be diagnosed with or have any particular medical condition as a prerequisite to being provided psilocybin services.

(c) The Department of Public Health, the Department of Agriculture, and the Department of Financial and Professional Regulation may suspend, revoke, or impose other penalties upon a person licensed under this Act for violations of this Act and any rules adopted in accordance with this Act. The suspension or revocation of a license or imposition of any other penalty upon a licensee is a final agency action subject to judicial review. Jurisdiction and venue for judicial review are vested in the circuit court.

(d) The Department of Public Health shall examine, publish, and distribute to the public available medical, psychological, and scientific studies, research, and other information relating to the safety and efficacy of psilocybin in treating mental health conditions, including, but not limited to, addiction, depression, anxiety disorders, headache disorders, and end-of-life psychological distress.

(e) The Department of Agriculture shall issue, renew, suspend, revoke, or refuse to issue or renew licenses for the manufacturing and testing of psilocybin products and to permit, at the Department of Agriculture's discretion, the transfer of licenses. There shall be no requirement that a psilocybin product be manufactured by means of chemical synthesis.

(f) The Department of Financial and Professional Regulation shall issue, renew, suspend, revoke, or refuse to issue or renew licenses for the sale of psilocybin products, the provision of psilocybin services, or other licenses related to the consumption of psilocybin products, and to permit, at the Department's discretion, the transfer of a license between persons.

(g) Any fees collected pursuant to this Section shall be deposited into the Psilocybin Control and Regulation Fund.

Section 40. Authority to purchase, possess, seize, transfer to a licensee, or dispose of psilocybin products. Subject to any applicable provision of State law, the Department of Public Health, the Department of Agriculture, the Department of Financial and Professional Regulation, the Illinois State Police, and the Department of Revenue may purchase, possess, seize, transfer to a licensee, or dispose of psilocybin products as is necessary to ensure compliance with and enforce the provisions of this Act and any rule adopted under this Act.

Section 45. Program development period; dates.

(a) Unless the General Assembly provides otherwise, the Department may not issue any licenses under this Act during the program development period.

(b) On or before February 28 of the year following the effective date of this Act, the Governor, the Senate President, and the Speaker of the House shall appoint the individuals specified in subsection (b) of Section 25 to the Advisory Board.

(c) On or before March 31 of the year following the effective date of this Act, the Advisory Board shall hold its first meeting at a time and place specified by the Governor.

(d) On or before June 30 of the year following the effective date of this Act, and on a regular basis after that date, the Advisory Board shall submit its findings and recommendations to the Department of Public Health, the Department of Agriculture, the Department of Financial and Professional Regulation, the Illinois State Police, and the Department of Revenue on available medical, psychological, and scientific studies, research, and other information relating to the safety and efficacy of psilocybin and other entheogens in treating mental health conditions, including, but not limited to, addiction, depression, anxiety disorders, headache disorders, and end-of-life psychological distress.

(e) On or before June 30 of the year 2 years after the effective date of this Act, the Advisory Board shall submit its findings and recommendations concerning the following:

(1) rules and regulations for the implementation of this Act;

(2) a long-term strategic plan for ensuring that psilocybin services will become and remain a safe, accessible, and affordable therapeutic option for all persons 21 years of age and older in this State for whom psilocybin may be appropriate; and

(3) with respect to federal laws, regulations, and policies regarding psilocybin and other entheogens.

(f) On or before July 31 of the year 2 years after the effective date of this Act, and on a regular basis after that date, the Department of Public Health shall publish and distribute to the public available medical, psychological, and scientific studies, research, and other information relating to the safety and efficacy of psilocybin and other entheogens in treating mental health conditions, including, but not limited to, addiction, depression, anxiety disorders, headache disorders, and end-of-life psychological distress.

(g) On or before June 30 of the year 3 years after the effective date of this Act, the Department of Public Health, the Department of Agriculture, the Department of Revenue, and the Department of Financial and Professional Regulation shall prescribe forms and adopt such rules as the Departments deem necessary for the implementation of this Act. The Department of Public Health, the Department of Agriculture, the Department of Revenue, the Illinois State Police, and the Department of Financial and Professional Regulation shall hold at least one public hearing regarding this rulemaking. The public hearing may be held jointly or the Departments may hold individual hearings.

Section 50. Licensing.

(a) On or before July 1 of the year 3 years after the effective date of this Act:

(1) The Department of Financial and Professional Regulation shall begin receiving applications for the licensing of persons to:

(A) operate a service center; and

(B) facilitate psilocybin services.

(2) The Department of Agriculture shall begin receiving applications for the licensing of persons to:

(A) manufacture psilocybin products; and

(B) test psilocybin products.

(b) Except as provided in subsection (c), an applicant for a license or renewal of a license issued under this Act shall apply to the appropriate Department in the form required by that Department, by rule, showing the name and address of the applicant, the location of the facility that is to be operated under the license, and other pertinent information required by the Department. The Department may not issue or renew a license until the applicant has complied with the provisions of this Act and rules adopted under this Act.

(b-5) If an application does not meet the technical standards set forth by the applicable Department, the Department must notify the applicant and provide the applicant with at least 30 days after the applicant receives notice of the deficiency to rectify the application materials.

(c) A Department may reject any application that is not submitted in the form required by the Department by rule. The approval or denial of any application is a final decision of the Department subject to judicial review. Jurisdiction and venue are vested in the circuit court.

(d) Except as provided in subsection (c), a revocation of or refusal to issue or renew a license issued under this Act is a final decision of the Department subject to judicial review. Jurisdiction and venue are vested in the circuit court.

(e) An applicant for a facilitator license or renewal of a facilitator license issued under Section 105 need not show the location of any premises.

(f) The Department of Financial and Professional Regulation or the Department of Agriculture shall not license an applicant under the provisions of this Act if the applicant is under 21 years of age.

(g) The Department of Financial and Professional Regulation or the Department of Agriculture shall refuse to issue a license or may issue a restricted license to an applicant under the provisions of this Act if the Department finds that the applicant meets any of the following conditions:

(1) has failed to complete any of the education or training required by the provisions of this Act or rules adopted under this Act;

(2) has failed to complete any of the examinations required by the provisions of this Act or rules adopted under this Act;

(3) is in the habit of using alcoholic beverages, habit-forming drugs, or controlled substances to excess as determined by the Department;

(4) has made false statements to the Department;

(5) is incompetent or physically unable to carry on the management of the establishment proposed to be licensed as determined by the Department;

(6) has been convicted of violating a federal law, State law, or local ordinance if the conviction is substantially related to the fitness and ability of the applicant to lawfully carry out activities under the license;

(7) is not of good repute and moral character as determined by the Department;

(8) does not have a good record of compliance with this Act or any rule adopted under this Act;

(9) is not the legitimate owner of the premises proposed to be licensed or has not disclosed that any other person has an ownership interest in the premises proposed to be licensed;

(10) has not demonstrated financial responsibility sufficient to adequately meet the requirements of the premises proposed to be licensed; or

(11) is unable to understand the laws of this State relating to psilocybin products, psilocybin services, or the rules adopted under this Act.

(h) Notwithstanding paragraph (6) of subsection (g), in determining whether to issue a license or a restricted license to an applicant, the Department of Financial and Professional Regulation or the Department of Agriculture shall not consider the prior conviction of the applicant or any owner, director, officer, manager, employee, agent, or other representative of the applicant for the following:

(1) The manufacture of psilocybin or the manufacture of cannabis, as defined under Section 1-10 of the Cannabis Regulation and Tax Act, or cannabis product if any of the following apply:

(A) The date of the conviction is 2 or more years before the date of the application.

(B) The person has not been convicted more than once for the manufacture of psilocybin.

(2) The possession of a controlled substance, as defined in the Illinois Controlled Substances Act, if any of the following apply:

(A) The date of the conviction is 2 or more years before the date of the application.

(B) The person has not been convicted more than once for the possession of a controlled substance.

(i) The Department of Financial and Professional Regulation and the Department of Agriculture shall not issue a license pursuant to this Act if the licensee, principal officer, board member, or person having a financial or voting interest of 5% or greater in the licensee or applicant, or the agent thereof is delinquent in filing any required tax returns or paying any amounts owed to the State.

Section 55. Authority to require fingerprints. The Department of Agriculture or the Department of Financial and Professional Regulation, through the Illinois State Police, may require the fingerprints of any individual listed on an application to perform any of the functions listed in subsection (a) of Section 50 for purposes of conducting a background check. The Department of Agriculture or the Department of Financial and Professional Regulation may require fingerprints to be submitted for a background check before or after the submission of an application. The Illinois State Police shall charge a fee for conducting the criminal history record check, which shall be deposited into the State Police Services Fund and shall not exceed the actual cost of the record check. In order to carry out this provision, each person applying to perform one of the functions listed in subsection (a) of Section 50 may be required to submit a full set of fingerprints to the Illinois State Police for the purpose of obtaining a State and federal criminal records check. These fingerprints shall be checked against the fingerprint records now and hereafter, to the extent allowed by law, filed in the Illinois State Police and Federal Bureau of Investigation criminal history records databases. The Illinois State Police shall furnish, following positive identification, all Illinois conviction information to the Department of Agriculture or the Department of Financial and Professional Regulation. The Department of Agriculture or the Department of Financial and Professional Regulation, through the Illinois State Police, may require the fingerprints of the following persons:

(1) If the applicant is a limited partnership, each general partner of the limited partnership.

(2) If the applicant is a manager-managed limited liability company, each manager of the limited liability company.

(3) If the applicant is a member-managed limited liability company, each voting member of the limited liability company.

(4) If the applicant is a corporation, each director and officer of the corporation.

(5) Any individual who holds a financial interest of 10% or more in the person applying for the license.

Section 60. Properties of license. A license issued under this Act is all of the following:

(1) a personal privilege;

(2) renewable in the manner provided under Section 50, except for a cause that would be grounds for refusal to issue the license under Section 50;

(3) subject to revocation or suspension as provided in Section 185;

(4) except for a license issued to a facilitator under Section 105, transferable from the premises for which the license was originally issued to another premises subject to the provisions of this Act, applicable rules adopted under this Act, and applicable local ordinances;

(5) subject to expiration upon the death of the licensee, if the license was issued to an individual except as provided under subsection (p) of Section 155;

(6) not considered property;

(7) not alienable;

(8) not subject to attachment or execution; and

(9) not subject to descent by the laws of testate or intestate succession.

Section 65. Duties of the Departments with respect to issuing licenses.

(a) The Department of Financial and Professional Regulation or the Department of Agriculture shall approve or deny an application to be licensed under this Act. Upon receiving an application under Section 50, the Department may not unreasonably delay processing, approving, or denying the application or, if the application is approved, issuing the license.

(b) The licenses described in this Act must be issued by the Department of Financial and Professional Regulation or the Department of Agriculture subject to the provisions of this Act and rules adopted under this Act.

(c) The Department of Financial and Professional Regulation may not license premises that do not have defined boundaries. Premises do not need to be enclosed by a wall, fence, or other structure, but the Department of Financial and Professional Regulation may require premises to be enclosed as a condition of issuing or renewing a license. The Department of Financial and Professional Regulation may not license mobile premises.

Section 70. Lawful manufacture, delivery, and possession of psilocybin products. A licensee or licensee representative may manufacture, deliver, or possess a psilocybin product subject to the provisions of this Act and rules adopted under this Act. The manufacture, delivery, or possession of a psilocybin product by a licensee or a licensee representative in compliance with this Act and rules adopted under this Act does not constitute a criminal or civil offense under the laws of this State.

Section 75. Restriction on financial interests in multiple licensees.

(a) An individual may not have a financial interest in either of the following:

(1) More than one psilocybin product manufacturer.

(2) More than 5 service center operators.

(b) Subject to subsection (a), a person may hold multiple service center operator licenses under Section 95 and may hold both a manufacturer license under Section 80 and a service center operator license under Section 95 at the same or different premises.

Section 80. License to manufacture psilocybin products.

(a) The manufacture of psilocybin products is subject to regulation by the Department of Agriculture.

(b) A psilocybin product manufacturer must have a manufacturer license issued by the Department of Agriculture for the premises at which the psilocybin products are manufactured. To hold a manufacturer license issued under this Section, a psilocybin product manufacturer must comply with the following:

(1) apply for a license in the manner described in Section 50; and

(2) provide proof that the applicant is 21 years of age or older.

(c) If the applicant is not the owner of the premises at which the psilocybin is to be manufactured, the applicant shall submit to the Department of Agriculture signed informed consent from the owner of the premises to manufacture psilocybin at the premises. The Department of Agriculture may adopt rules regarding the informed consent described in this subsection.

(d) The Department of Agriculture shall adopt rules that comply with the following:

(1) require a psilocybin product manufacturer to annually renew a license issued under this Section;

(2) establish application, licensure, and renewal of licensure fees for psilocybin product manufacturers; and

(3) require psilocybin products manufactured by psilocybin product manufacturers to be tested in accordance with Section 270.

(e) Fees adopted under paragraph (2) of subsection (d) may not exceed, together with other fees collected under this Act, the cost of administering this Act and shall be deposited into the Psilocybin Control and Regulation Fund.

Section 85. Psilocybin product manufacturers; endorsements.

(a) The Department of Agriculture shall adopt rules that designate different types of manufacturing activities. A psilocybin product manufacturer may only engage in a type of manufacturing activity if the psilocybin product manufacturer has received an endorsement from the Department for that type of manufacturing activity.

(b) An applicant must request an endorsement upon submission of an initial application but may also request an endorsement at any time following licensure.

(c) Only one application and license fee is required regardless of how many endorsements an applicant or licensee requests or at what time the request is made.

(d) A psilocybin product manufacturer licensee may hold multiple endorsements.

(e) The Department of Agriculture may deny a psilocybin product manufacturer's request for an endorsement or revoke an existing endorsement if the psilocybin product manufacturer cannot or does not meet the requirements for the endorsement that is requested.

Section 90. Psilocybin product quantities; rules. The Department of Agriculture shall adopt rules restricting the quantities of psilocybin products at premises for which a license has been issued under Section 80. In adopting rules under this Section, the Department shall take into consideration the demand for psilocybin services in this State, the number of psilocybin product manufacturers applying for a license under Section 80, the number of psilocybin product manufacturers that hold a license issued under Section 80, and whether the availability of psilocybin products in this State is commensurate with the demand for psilocybin services.

Section 95. License to operate a service center.

(a) The operation of a service center is subject to regulation by the Department of Financial and Professional Regulation.

(b) A service center operator must have a service center operator license issued by the Department of Financial and Professional Regulation for the premises at which psilocybin services are provided. To hold a service center operator license under this Section, a service center operator must comply with the following:

(1) apply for a license in the manner described in Section 50;

(2) provide proof that the applicant is 21 years of age or older;

(3) ensure that the service center is located in an area that is not within the limits of an area zoned exclusively for residential use;

(4) ensure that the service center is not located within 1,000 feet of a public, private, or parochial school; and

(5) meet the requirements of any rule adopted by the Department of Financial and Professional Regulation under subsection (c).

(c) The Department of Financial and Professional Regulation shall adopt rules that comply with the following:

(1) require a service center operator to annually renew a license issued under this Section;

(2) establish application, licensure, and renewal of licensure fees for service center operators;

(3) require psilocybin products sold by a service center operator to be tested in accordance with Section 270; and

(4) require a service center operator to meet any public health and safety standards and industry best practices established by the Department by rule.

Fees adopted under paragraph (2) of this subsection may not exceed, together with other fees collected under this Act, the cost of administering this Act and shall be deposited into the Psilocybin Control and Regulation Fund established under Section 190.

Section 100. Establishment of schools after issuance of license.

(a) If a school described under paragraph (5) of subsection (b) of Section 95 that has not previously been attended by children is established within 1,000 feet of premises for which a license has been issued under Section 95, the service center operator located at that premises may remain at that location unless the Department of Financial and Professional Regulation revokes the license of the service center operator under Section 175.

(b) The Department of Financial and Professional Regulation may adopt rules establishing the circumstances under which the Department may require a service center operator that holds a license issued under Section 95 to use an age verification scanner or any other equipment used to verify a person's age for the purpose of ensuring that the service center operator does not sell psilocybin products to a person under 21 years of age. Information obtained under this subsection may not be retained after verifying a person's age and may not be used for any purpose other than verifying a person's age.

Section 105. License to facilitate psilocybin services.

(a) The facilitation of psilocybin services is subject to regulation by the Department of Financial and Professional Regulation.

(b) A facilitator must have a facilitator license issued by the Department of Financial and Professional Regulation. To hold a facilitator license issued under this Section, a facilitator must comply with the following:

(1) apply for a license in the manner described in Section 50;

(2) provide proof that the applicant is 21 years of age or older;

(3) have either:

(i) a baccalaureate degree from an accredited university or college;

(ii) a high school diploma or its equivalent and demonstrable experience administering psilocybin in a manner of cultural significance as part of a tradition, ceremony, or rite that is more than merely recreational use; or

(iii) a high school diploma or its equivalent and be licensed or certified as at least one of the following in good standing in Illinois:

(A) licensed behavior analyst as defined under the Behavior Analyst Licensing Act;

(B) clinical psychologist or prescribing psychologist as defined under the Clinical Psychologist Licensing Act;

(C) licensed clinical social worker or licensed social worker as defined under the Clinical Social Work and Social Work Practice Act;

(D) licensed marriage and family therapist as defined under the Marriage and Family Therapy Licensing Act;

(E) licensed professional music therapist as defined under the Music Therapy Licensing and Practice Act;

(F) physician as defined under the Medical Practice Act of 1987;

(G) certified nurse midwife or licensed certified professional midwife as defined under the Licensed Certified Professional Midwife Practice Act;

(H) advanced practice registered nurse, license-pending registered nurse, licensed practical nurse, or registered nurse as defined under the Nurse Practice Act;

(I) occupational therapist as defined under the Illinois Occupational Therapy Practice Act;

(J) licensed pharmacist under the Pharmacy Practice Act;

(K) physician assistant as defined under the Physician Assistant Practice Act of 1987;

(L) licensed professional counselor or licensed clinical professional counselor as defined under the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act;

(M) naprapath as defined under the Naprapathic Practice Act;

(N) licensed orthoptist, licensed pedorthist, a licensed podiatric physician, or a licensed prosthetist as defined under the Orthotics, Prosthetics, and Pedorthics Practice Act;

(O) certified Recovery Support Specialist certified by the Illinois Certification Board;

(P) certified Peer Recovery Specialist; or

(Q) certified alcohol and drug counselor.

(4) submit evidence of completion of education and training prescribed and approved by the Department;

(5) have passed an examination approved, administered, or recognized by the Department; and

(6) meet the requirements of any rule adopted by the Department under subsection (d).

(c) The Department of Financial and Professional Regulation shall adopt rules that comply with the following:

(1) require a facilitator to annually renew a license issued under this Section;

(2) establish application, licensure, and renewal of licensure fees for facilitators;

(3) require a facilitator to meet any public health and safety standards and industry best practices established by the Department by rule.

(d) Fees adopted under paragraph (2) of subsection (d) may not exceed, together with other fees collected under this Act, the cost of administering this Act and shall be deposited into the Psilocybin Control and Regulation Fund.

(e) A facilitator may be, but need not be, an employee, manager, director, officer, partner, member, shareholder, or direct or indirect owner of one or more service center operators.

(f) A license issued to a facilitator under this Section is not limited to any one or more premises.

Section 110. License examinations; rules. The Department of Financial and Professional Regulation shall offer an examination for applicants for licenses to facilitate psilocybin services at least twice a year. An applicant who fails any part of the examination may retake the failed section in accordance with rules adopted by the Department. The rules adopted by the Department in accordance with this Section shall require that applicants for facilitator licenses retake any training program required for licensure by the Department if the applicant has failed an examination twice in a row before being permitted to retake the test for a third time. Such retraining shall be required after any subsequent instances of an applicant failing the examination twice in a row.

Section 115. Age verification. The Department of Financial and Professional Regulation may adopt rules establishing the circumstances under which the Department may require a facilitator that holds a license issued under Section 105 to use an age verification scanner or any other equipment used to verify a person's age for the purpose of ensuring that the facilitator does not provide psilocybin services to a person under 21 years of age. Information obtained under this Section may not be retained after verifying a person's age and may not be used for any purpose other than verifying a person's age.

Section 120. Psilocybin services. The Department of Financial and Professional Regulation shall adopt by rule the requirements, specifications, and guidelines for the following:

(1) providing psilocybin services to a client;

(2) holding and verifying the completion of a preparation session;

(3) having a client complete, sign, and deliver a client information form to a service center operator and a facilitator;

(4) holding and verifying the completion of an administration session; and

(5) holding and verifying the completion of an integration session.

Section 125. Preparation session.

(a) Before a client participates in an administration session, the client must attend a preparation session with a facilitator. A preparation session is intended to provide individuals with comprehensive information about the potential risks and benefits of the use of psilocybin.

(b) A preparation session may be, but need not be, held at a service center. During the preparation session, the client must complete a client intake form, develop a transportation plan, and a safety and support plan.

(c) If a preparation session is completed in accordance with all applicable requirements, specifications, and guidelines, as determined by the Department, the facilitator must certify, in a form and manner prescribed by the Department, that the client completed the preparation session. This certification shall be collected for the limited purpose of ensuring the facilitator adheres to all applicable requirements, specifications, and guidelines. The Department, facilitator, and service center operator shall maintain such certifications in a manner that ensures confidentiality and shall not sell, disclose, or otherwise transfer any personally identifiable information of the client without the client's express written consent. The Department, facilitator, and service center shall only maintain personally identifiable information of the client to the extent necessary to transact business and ensure compliance with all laws and rules.

Section 130. Client information form.

(a) Before a client participates in an administration session, the following must occur:

(1) The client must complete and sign a client information form in a form and manner prescribed by the Department.

(2) A copy of the completed and signed client information form must be delivered to the service center operator that operates the service center at which the administration session is to be held and to the facilitator that will supervise the administration session.

(3) Enable the service center operator to confirm the client has obtained a referral from a licensed physician, psychiatrist, professional counselor, clinical professional counselor, prescribing psychologist, or clinical psychologist for psilocybin service.

(b) The client information form must comply with the following:

(1) Solicit from the client such information as may be necessary: (i) to enable a service center operator and a facilitator to determine whether the client should participate in an administration session, including information that may identify risk factors and contraindications, and (ii) to assist the service center operator and the facilitator in meeting any public health and safety standards and industry best practices during the administration session.

(2) Contain such health and safety warnings and other disclosures to the client as the Department may require.

(c) The service center operator shall maintain the client information form in a manner that ensures confidentiality and shall not sell, disclose, or otherwise transfer any personally identifiable information of the client without the client's express written consent.

(d) The service center operator shall require proof of a referral for psilocybin service before the preparation session.

Section 131. Safety and support plans.

(a) A facilitator must work with every client who will participate in an administration session to draft a safety and support plan that identifies risks and challenges specific to the client's circumstances and resources available to mitigate those risks and challenges, including the client's existing support network and appropriate external resources.

(b) Safety and support plans must include contact information for a person to be contacted if the client experiences a medical or other emergency.

(c) Safety and support plans may not be changed during an administration session.

(d) Client records described by this Act must be available to the facilitator at the service center where the client participates or intends to participate in an administration session.

Section 132. Transportation plans.

(a) A facilitator must create and record a transportation plan for every client that receives psilocybin services.

(b) Transportation plans must be signed by the client and describe how the client will access safe transportation away from the service center at the conclusion of an administration session.

(c) Transportation plans shall advise a client not to operate a motor vehicle directly following an administration session. Facilitators shall make reasonable efforts to prevent clients from operating a motor vehicle at the conclusion of an administration session. If a client's failure to follow the client's transportation plan creates a danger to the client's safety or the safety of others, a facilitator must make reasonable efforts to resolve the safety issue.

(d) If a facilitator is unable to resolve safety issues caused by a client's failure to follow the client's transportation plan after making reasonable efforts required by subsection (c), a facilitator must contact appropriate emergency services.

(e) If a client is unable to follow the client's transportation plan, a facilitator must make reasonable efforts to arrange for alternative transportation.

(f) A facilitator must document in writing and retain documentation for all instances in which a client does not follow the client's transportation plan.

(g) All client records, including any copies of client records, described by this Act must be available to the facilitator at the service center where the client participates or intends to participate in an administration session.

Section 135. Administration session.

(a) After a client completes a preparation session and completes and signs a client information form, the client may participate in an administration session.

(b) An administration session must be held under the supervision of a licensed facilitator at a service center. A facilitator or service center shall not permit a client to consume psilocybin at any time other than during an administration session at the service center.

(c) If an administration session is completed in accordance with all applicable requirements, specifications, and guidelines, as determined by the Department, the facilitator must certify, in a form and manner prescribed by the Department, that the client completed the administration session. This certification shall be collected for the limited purpose of ensuring the facilitator adheres to all applicable requirements, specifications, and guidelines. The Department, facilitator, and service center operator shall maintain such certifications in a manner that ensures confidentiality and shall not sell, disclose, or otherwise transfer any personally identifiable information of the client without the client's express written consent. The Department, facilitator, and service center shall only maintain personally identifiable information of the client to the extent necessary to transact business and ensure compliance with all laws and rules.

Section 136. Post-administration evaluation session. All clients are required to participate in a post-administration evaluation session before leaving a service center after completing an administration session. After a client completes an administration session, the facilitator must conduct a post-administration evaluation session. During the session, the facilitator will engage with the client to ensure there are no medical emergencies that arose from the administration session and also ensure that the client is no longer under the hallucinogenic effects of psilocybin before releasing the client from the service center. The facilitator shall consider the client's physical attributes as well as the quantity of psilocybin administered in conducting the post-administration evaluation.

Section 140. Integration session.

(a) After a client completes an administration session and a post-administration evaluation session, a facilitator must conduct an integration session with the client. However, the integration session requirement may be waived if the client has produced a written letter from the client's referring licensed professional that states the licensed professional will discuss the psilocybin service at a future appointment. Integration sessions are intended to promote psychological well-being and reduce the risk of adverse reactions by ensuring individuals are not left to process potentially overwhelming experiences alone.

(b) An integration session shall be held at a service center.

(c) If an integration session is completed in accordance with all applicable requirements, specifications, and guidelines, as determined by the Department, the facilitator shall certify in a form and manner prescribed by the Department that the client completed the integration session or otherwise provided the appropriate waiver materials. This certification shall be collected for the limited purpose of ensuring the facilitator adheres to all applicable requirements, specifications, and guidelines. The Department, facilitator, and service center operator shall maintain such certifications in a manner that ensures confidentiality and shall not sell, disclose, or otherwise transfer any personally identifiable information of the client without the client's express written consent. The Department, facilitator, and service center shall only maintain personally identifiable information of the client to the extent necessary to transact business and ensure compliance with all laws and rules.

Section 145. Reliance on client information form.

(a) If a client information form is offered as evidence in any administrative or criminal prosecution of a licensee or licensee representative for sale or service of a psilocybin product to a client, the licensee or licensee representative is not guilty of any offense prohibiting a person from selling or serving a psilocybin product to a client unless it is demonstrated that a reasonable person would have determined that the responses provided by the client on the client information form were incorrect or altered.

(b) A licensee or licensee representative shall be entitled to rely upon all statements, declarations, and representations made by a client in a client information form unless it is demonstrated that either:

(1) a reasonable person would have determined that one or more of the statements, declarations, or representations made by the client in the client information form were incorrect or altered; or

(2) the licensee or licensee representative violated a provision of this Act or a rule adopted under this Act relative to the client information form.

(c) Except as provided in subsection (b), no licensee or licensee representative shall incur legal liability by virtue of any untrue statement, declaration, or representation so relied upon in good faith by the licensee or licensee representative.

(d) The Department of Financial and Professional Regulation shall adopt rules for recordkeeping, privacy, and confidentiality requirements of service centers. However, the recordkeeping shall not result in disclosure to the public or any governmental agency of any participant's personally identifiable information.

Section 150. Refusal to provide psilocybin services to a client.

(a) Subject to applicable State law, a licensee or licensee representative may refuse to provide psilocybin services to a potential client for any or no reason.

(b) Except as provided in subsection (c), and subject to applicable State law, a licensee or licensee representative may cease providing psilocybin services to a client for any or no reason.

(c) A service center operator and a facilitator may not cease providing psilocybin services to a client during an administration session after the client has consumed a psilocybin product, except as authorized by the Department of Financial and Professional Regulation by rule or as necessary in an emergency.

(d) A service center operator and a facilitator must refuse to provide psilocybin service to a potential client who:

(1) does not provide a referral for psilocybin service;

(2) voluntarily discloses that the potential client possesses certain risk factors indicating psilocybin service is inappropriate or harmful as determined by the Advisory Board under subsection (a) of Section 30 or by rules adopted by the Department; or

(3) a reasonable person would believe, based on the statements, conduct, or other behavior of the potential client, that the potential client possesses certain risk factors indicating psilocybin service is inappropriate or harmful as determined by the Advisory Board under subsection (a) of Section 30 or by rules adopted by the Department.

Section 155. Department powers and duties relating to facilitators.

(a) The Department of Financial and Professional Regulation shall perform the following:

(1) Determine the qualifications, training, education, and fitness of applicants for licenses to facilitate psilocybin services, giving particular consideration to the following:

(A) facilitation skills that are affirming, nonjudgmental, culturally competent, trauma-informed, rooted in informed consent, and nondirective;

(B) support skills for clients during an administration session, including specialized skills for the following:

(i) client safety; and

(ii) clients who may have a mental health condition;

(C) the environment in which psilocybin services should occur; and

(D) social and cultural considerations.

(2) Formulate a code of professional conduct for facilitators, giving particular consideration to a code of ethics.

(3) Establish standards of practice and professional responsibility for individuals licensed by the Department to facilitate psilocybin services.

(4) Select licensing examinations for licenses to facilitate psilocybin services.

(5) Provide for waivers of examinations, as appropriate.

(6) Appoint representatives to conduct or supervise examinations of applicants for licenses to facilitate psilocybin services.

(b) The Department of Financial and Professional Regulation shall adopt by rule minimum standards of education and training requirements for facilitators. These rules must establish minimum standards for first-aid treatment and training on CPR/AED and any other emergency medical response training the Department deems appropriate for the safe administration of psilocybin services.

(c) The Department of Financial and Professional Regulation shall approve courses for facilitators. To obtain approval of a course, the provider of a course must submit an outline of instruction to the Department. The outline must include the proposed courses, total hours of instruction, hours of lectures in theory, and the hours of instruction in application of practical skills.

(d) The Department of Financial and Professional Regulation may, after 72 hours' notice, make an examination of the books of a licensee for the purpose of determining compliance with this Act and rules adopted under this Act.

(e) The Department of Financial and Professional Regulation or the Department of Agriculture may at any time make an examination of premises for which a license has been issued under this Act for the purpose of determining compliance with this Act and rules adopted under this Act.

(f) The Department of Financial and Professional Regulation may not require the books of a licensee to be maintained on the premises of the licensee.

(g) If a licensee holds more than one license issued under this Act for the same premises, the Department of Financial and Professional Regulation or the Department of Agriculture may require the premises to be segregated into separate areas for conducting the activities permitted under each license as is necessary to protect the public health and safety.

(h) As is necessary to protect the public health and safety, the Department of Financial and Professional Regulation or the Department of Agriculture may require a licensee to maintain general liability insurance in an amount that the Department determines is reasonably affordable and available for the purpose of protecting the licensee against damages resulting from a cause of action related to activities undertaken pursuant to the license held by the licensee.

(i) The Department of Financial and Professional Regulation and the Department of Agriculture shall develop and maintain a system for tracking the transfer of psilocybin products between premises for which licenses have been issued under this Act. The purposes of the system include, but are not limited to, the following:

(1) preventing the diversion of psilocybin products to other states;

(2) preventing persons from substituting or tampering with psilocybin products;

(3) ensuring an accurate accounting of the production, processing, and sale of psilocybin products;

(4) ensuring that laboratory testing results are accurately reported; and

(5) ensuring compliance with this Act, rules adopted under this Act, and any other law of this State that charges the Department with a duty, function, or power related to psilocybin.

(j) The system developed under subsection (i) must be capable of tracking, at a minimum, the following:

(1) the manufacturing of psilocybin products;

(2) the sale of psilocybin products by a service center operator to a client;

(3) the sale and purchase of psilocybin products between licensees, as permitted by this Act;

(4) the transfer of psilocybin products between premises for which licenses have been issued under this Act; and

(5) any other information that the Department determines is reasonably necessary to accomplish the duties, functions, and powers of the Department under this Act.

(k) Except as otherwise provided by law, the Department of Financial and Professional Regulation and the Department of Agriculture have any power, and may perform any function, necessary for the Departments to prevent the diversion of psilocybin products from licensees to a source that is not operating legally under the laws of this State.

(l) In addition to any other disciplinary action available to the Department of Financial and Professional Regulation and the Department of Agriculture under this Act, either Department may immediately restrict, suspend, or refuse to renew a license issued under this Act if circumstances create probable cause for the Department to conclude that a licensee has purchased or received a psilocybin product from an unlicensed source or that a licensee has sold, stored, or transferred a psilocybin product in a manner that is not permitted by the licensee's license.

(m) The Department of Financial and Professional Regulation or the Department of Agriculture may require a licensee or applicant for a license under this Act to submit, in a form and manner prescribed by the Department, to the Department a sworn statement showing the following:

(1) The name and address of each person who has a financial interest in the business operating or to be operated under the license.

(2) The nature and extent of the financial interest of each person who has a financial interest in the business operating or to be operated under the license.

(3) The Department of Financial and Professional Regulation or the Department of Agriculture may refuse to issue, or may suspend, revoke, or refuse to renew, a license issued under this Act if the Department determines that a person who has a financial interest in the business operating or to be operated under the license committed or failed to commit an act that would constitute grounds for the Department to refuse to issue, or to suspend, revoke, or refuse to renew, the license if the person is the licensee or applicant for the license.

(n) Notwithstanding the lapse, suspension, or revocation of a license issued under this Act, the Department of Financial and Professional Regulation and the Department of Agriculture may perform the following:

(1) proceed with any investigation of, or any action or disciplinary proceeding against, the person who held the license;

(2) revise or render void an order suspending or revoking the license; and

(3) in cases involving the proposed denial of a license applied for under this Act, the applicant for licensure may not withdraw the applicant's application.

(o) Notwithstanding the lapse, suspension, or revocation of a permit issued under Section 180, the Department of Financial and Professional Regulation and the Department of Agriculture may perform the following:

(1) proceed with any investigation of, or any action or disciplinary proceeding against, the person who held the permit;

(2) revise or render void an order suspending or revoking the permit; and

(3) in cases involving the proposed denial of a permit applied for under Section 180, the applicant may not withdraw the applicant's application.

(p) The Department of Financial and Professional Regulation and the Department of Agriculture may, by rule or order, provide for the manner and conditions under which the following occur:

(1) psilocybin products left by a deceased, insolvent, or bankrupt person or licensee, or subject to a security interest, may be foreclosed, sold under execution, or otherwise disposed of;

(2) the business of a deceased, insolvent, or bankrupt licensee may be operated for a reasonable period following the death, insolvency, or bankruptcy; and

(3) a secured party may continue to operate at the premises for which a license has been issued under this Act for a reasonable period after default on the indebtedness by the debtor.

Section 160. Conduct of licensees; prohibitions.

(a) A psilocybin product manufacturer that holds a license under Section 80 may not manufacture psilocybin products outdoors.

(b) A psilocybin product manufacturer that holds a license under Section 80 may deliver psilocybin products only to or on premises for which a license has been issued under Section 80 or Section 95 and may receive psilocybin products only from a psilocybin product manufacturer that holds a license under Section 80.

(c) A service center operator that holds a license under Section 95 may deliver psilocybin products only to or on premises for which a license has been issued under Section 95 and may receive psilocybin products only from a psilocybin product manufacturer that holds a license under Section 80 or a service center operator that holds a license under Section 95.

(d) The sale and administration of psilocybin products to a client by a service center operator that holds a license issued under Section 95 must be restricted to the premises for which the license has been issued.

(e) The Department of Financial and Professional Regulation or the Department of Agriculture may by order waive the requirements of subsections (b) and (c) to ensure compliance with this Act or a rule adopted under this Act. An order issued under this subsection does not constitute a waiver of any other requirement of this Act or any other rule adopted under this Act.

(f) A licensee or licensee representative may not sell or deliver a psilocybin product to a person under 21 years of age.

(g) Subject to subsection (h), a licensee or licensee representative, before selling or providing a psilocybin product to another person, must require the person to produce one of the following pieces of identification:

(1) The person's passport.

(2) The person's driver's license, issued by the State or another state of the United States.

(3) An identification card issued by the State.

(4) A United States military identification card.

(5) An identification card issued by a federally recognized Indian tribe.

(6) Any other identification card issued by a state or territory of the United States that bears a picture of the person, the name of the person, the person's date of birth, and a physical description of the person.

(h) The Department may adopt rules exempting a licensee or licensee representative from the provisions of subsection (g).

(i) A client may not be required to procure for the purpose of acquiring or purchasing a psilocybin product a piece of identification other than a piece of identification described in subsection (g).

(j) A service center operator, a facilitator, or any employee of a service center operator or facilitator may not disclose any information that may be used to identify a client or any communication made by a client during the course of providing psilocybin services or selling psilocybin products to the client, except for the following:

(1) When the client or a person authorized to act on behalf of the client gives consent to the disclosure.

(2) When the client initiates legal action or makes a complaint against the service center operator, the facilitator, or the employee.

(3) When the communication reveals the intent to commit a crime harmful to the client or others.

(4) When the communication reveals that a minor may have been a victim of a crime or physical, sexual, or emotional abuse or neglect.

(5) When responding to an inquiry by the Department made during the course of an investigation into the conduct of the service center operator, the facilitator, or the employee under this Act.

(k) A client may only purchase a psilocybin product at a service center and may only consume such product during an administration session on the premises of a service center.

(l) A licensee may not employ a person under 21 years of age at premises for which a license has been issued under this Act.

(m) During an inspection of premises for which a license has been issued under this Act, the Department of Financial and Professional Regulation or the Department of Agriculture may require proof that a person performing work at the premises is 21 years of age or older. If the person does not provide the Department with acceptable proof of age upon request, the Department may require the person to immediately cease any activity and leave the premises until the Department receives acceptable proof of age. This subsection does not apply to a person temporarily at the premises to make a service, maintenance, or repair call or for other purposes independent of the premises operations.

(n) If a person performing work has not provided proof of age requested by the Department of Financial and Professional Regulation or the Department of Agriculture under subsection (m), the Department may request that the licensee provide proof that the person is 21 years of age or older. Failure of the licensee to respond to a request made under this subsection by providing acceptable proof of age for a person is prima facie evidence that the licensee has allowed the person to perform work at the premises for which a license has been issued under this Act in violation of the minimum age requirement.

(o) A licensee may not use or allow the use of a mark or label on the container of a psilocybin product that is kept for sale if the mark or label does not precisely and clearly indicate the nature of the container's contents or if the mark or label in any way might deceive a person about the nature, composition, quantity, age, or quality of the container's contents.

(p) The Department of Financial and Professional Regulation or the Department of Agriculture may prohibit a licensee from selling any psilocybin product that, in the Department's judgment, is deceptively labeled or contains injurious or adulterated ingredients.

Section 165. Psilocybin product prohibitions.

(a) A psilocybin product may not be sold or offered for sale within this State unless the psilocybin product complies with the minimum standards under the laws of this State.

(b) The Department of Financial and Professional Regulation or the Department of Agriculture may prohibit the sale of a psilocybin product by a service center operator for a reasonable period of time, not exceeding 90 days, for the purpose of determining whether the psilocybin product complies with the minimum standards prescribed by the laws of this State.

(c) A person may not make false representations or statements to the Department of Financial and Professional Regulation or the Department of Agriculture in order to induce or prevent action by the Department.

(d) A licensee may not maintain a noisy, lewd, unsafe, or unsanitary establishment or supply impure or otherwise deleterious psilocybin products.

(e) A licensee may not misrepresent to a person or to the public any psilocybin products.

Section 170. Purpose of licenses issued under this Act. A license issued under this Act serves the purpose of exempting the person who holds the license from the criminal laws of this State for possession, delivery, or manufacture of psilocybin products if the person complies with all State laws and rules applicable to the licensee.

Section 171. Investigations.

(a) Manufacturers, service centers, and laboratories that conduct testing of psilocybin products are subject to random and unannounced dispensary inspections and psilocybin testing by the Department of Financial and Professional Regulation, the Department of Agriculture, the Illinois State Police, local law enforcement, or as provided by rule.

(b) The Department of Financial and Professional Regulation, the Department of Agriculture, and their authorized representatives may enter any place, including a vehicle, in which psilocybin is held, stored, dispensed, sold, produced, delivered, transported, manufactured, or disposed of and inspect, in a reasonable manner, the place and all pertinent equipment, containers and labeling, and all things including records, files, financial data, sales data, shipping data, pricing data, personnel data, research, papers, processes, controls, and facility, and inventory any stock of psilocybin and obtain samples of any psilocybin or psilocybin-infused product, any labels or containers for psilocybin, or paraphernalia.

(c) The Department of Financial and Professional Regulation or the Department of Agriculture may conduct an investigation of an applicant, application, service center, manufacturer, manufacturer agent, licensed laboratory that conducts testing of a psilocybin product, principal officer, facilitator, service center agent, third party vendor, or any other party associated with a service center, facilitator, manufacturer, or laboratory that conducts testing of psilocybin for an alleged violation of this Act or rules or to determine qualifications to be granted a registration by the Department of Financial and Professional Regulation or the Department of Agriculture.

(d) The Department of Financial and Professional Regulation or the Department of Agriculture may require an applicant or holder of any license issued pursuant to this Article to produce documents, records, or any other material pertinent to the investigation of an application or alleged violations of this Act or rules. Failure to provide the required material may be grounds for denial or discipline.

(e) Every person charged with preparation, obtaining, or keeping records, logs, reports, or other documents in connection with this Act and rules and every person in charge, or having custody, of those documents shall, upon request by the Department of Financial and Professional Regulation or the Department of Agriculture, make the documents immediately available for inspection and copying by either Department, either Department's authorized representative, or others authorized by law to review the documents.

Section 172. Citations. The Department of Financial and Professional Regulation or the Department of Agriculture may issue nondisciplinary citations for minor violations. Any such citation issued by the Department of Financial and Professional Regulation or the Department of Agriculture may be accompanied by a fee. The fee shall not exceed $20,000 per violation. The citation shall be issued to the licensee and shall contain the licensee's name and address, the licensee's license number, a brief factual statement, the Sections of the law allegedly violated, and the fee, if any, imposed. The citation must clearly state that the licensee may choose, in lieu of accepting the citation, to request a hearing. If the licensee does not dispute the matter in the citation with the Department of Financial and Professional Regulation or the Department of Agriculture within 30 days after the citation is served, then the citation shall become final and not subject to appeal. The penalty shall be a fee or other conditions as established by rule.

Section 173. Grounds for discipline.

(a) The Department of Financial and Professional Regulation or the Department of Agriculture may deny issuance, refuse to renew or restore, or may reprimand, place on probation, suspend, revoke, or take other disciplinary or nondisciplinary action against any license or may impose a fine for any of the following:

(1) material misstatement in furnishing information to the Department;

(2) violations of this Act or rules;

(3) obtaining an authorization or license by fraud or misrepresentation;

(4) a pattern of conduct that demonstrates incompetence or that the applicant has engaged in conduct or actions that would constitute grounds for discipline under this Act;

(5) aiding or assisting another person in violating any provision of this Act or rules;

(6) failing to respond to a written request for information by the Department within 30 days;

(7) engaging in unprofessional, dishonorable, or unethical conduct of a character likely to deceive, defraud, or harm the public;

(8) adverse action by another United States jurisdiction or foreign nation;

(9) a finding by the Department that the licensee, after having his or her license placed on suspended or probationary status, has violated the terms of the suspension or probation;

(10) conviction, entry of a plea of guilty, nolo contendere, or the equivalent in a State or federal court of a principal officer or agent-in-charge of a felony offense in accordance with Sections 2105-131, 2105-135, and 2105-205 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois;

(11) excessive use of or addiction to alcohol, narcotics, stimulants, or any other chemical agent or drug;

(12) a finding by the Department of a discrepancy in a Department audit of psilocybin;

(13) a finding by the Department of a discrepancy in a Department audit of capital or funds;

(14) a finding by the Department of acceptance of psilocybin from a source other than a manufacturer licensed by the Department of Agriculture, or a service center licensed by the Department;

(15) an inability to operate using reasonable judgment, skill, or safety due to physical or mental illness or other impairment or disability, including, without limitation, deterioration through the aging process or loss of motor skills or mental incompetence;

(16) failing to report to the Department within the time frames established, or if not identified, no later than 14 days after an adverse action, of any adverse action taken against the dispensing organization or an agent by a licensing jurisdiction in any state or any territory of the United States or any foreign jurisdiction, any governmental agency, any law enforcement agency or any court defined in this Section;

(17) any violation of the dispensing organization's policies and procedures submitted to the Department annually as a condition for licensure;

(18) failure to inform the Department of any change of address no later than 10 business days after the change of address occurs;

(19) disclosing customer names, personal information, or protected health information in violation of any State or federal law;

(20) operating a service center or manufacturing psilocybin before obtaining a license from the appropriate Department;

(21) performing duties authorized by this Act before receiving a license to perform such duties;

(22) dispensing psilocybin when prohibited by this Act or rules;

(23) any fact or condition that, if it had existed at the time of the original application for the license, would have warranted the denial of the license;

(24) permitting a person without a valid license to perform licensed activities under this Act;

(25) failure to assign an agent-in-charge as required by this Article;

(26) failure to provide any training required by the Department within the provided timeframe;

(27) personnel insufficient in number or unqualified in training or experience to properly operate the service center or manufacturer;

(28) any pattern of activity that causes a harmful impact on the community; and

(29) failing to prevent diversion, theft, or loss of psilocybin.

(b) All fines and fees imposed under this Section shall be paid no later than 60 days after the effective date of the order imposing the fine or as otherwise specified in the order.

(c) A circuit court order establishing that facilitator, service center operator, or principal officer of a service center, manufacturer, or laboratory conducting psilocybin testing is subject to involuntary admission as that term is defined in Section 1-119 or 1-119.1 of the Mental Health and Developmental Disabilities Code shall operate as a suspension of that license.

Section 174. Temporary suspension, service center and facilitators.

(a) The Secretary of Financial and Professional Regulation may temporarily suspend a service center or facilitator license without a hearing if the Secretary finds that a licensee has violated Section 206 public safety or welfare requires emergency action. The Secretary shall cause the temporary suspension by issuing a suspension notice in connection with the institution of proceedings for a hearing.

(b) If the Secretary temporarily suspends a license without a hearing, the licensee or its agent is entitled to a hearing within 45 days after the suspension notice has been issued. The hearing shall be limited to the issues cited in the suspension notice, unless all parties agree otherwise.

(c) If the Department does not hold a hearing within 45 days after the date the suspension notice was issued, then the suspended license shall be automatically reinstated and the suspension vacated.

(d) The suspended licensee or its agent may seek a continuance of the hearing date, during which time the suspension remains in effect and the license shall not be automatically reinstated.

(e) Subsequently discovered causes of action by the Department after the issuance of the suspension notice may be filed as a separate notice of violation. The Department is not precluded from filing a separate action against the suspended licensee or its agent.

(f) If the Department of Financial and Professional Regulation determines a licensee has violated Section 206, the Secretary of Financial and Professional Regulation shall suspend the licensee for a period of no less than 6 months and may enact whatever additional penalties the Secretary of Financial and Professional Regulation may deem necessary and appropriate in accordance with the provisions of this Act or adopted rules.

Section 175. Temporary suspension; manufacturer or laboratory.

(a) The Director of Agriculture may temporarily suspend a manufacturing or laboratory testing license without a hearing if the Secretary finds that public safety or welfare requires emergency action. The Secretary shall cause the temporary suspension by issuing a suspension notice in connection with the institution of proceedings for a hearing.

(b) If the Secretary temporarily suspends a license without a hearing, the licensee or its agent is entitled to a hearing within 45 days after the suspension notice has been issued. The hearing shall be limited to the issues cited in the suspension notice, unless all parties agree otherwise.

(c) If the Department does not hold a hearing within 45 days after the date the suspension notice was issued, then the suspended license shall be automatically reinstated and the suspension vacated.

(d) The suspended licensee or its agent may seek a continuance of the hearing date, during which time the suspension remains in effect and the license shall not be automatically reinstated.

(e) Subsequently discovered causes of action by the Department after the issuance of the suspension notice may be filed as a separate notice of violation. The Department is not precluded from filing a separate action against the suspended licensee or agent.

Section 176. Unlicensed practice; violation; civil penalty.

(a) In addition to any other penalty provided by law, any person who practices, offers to practice, attempts to practice, or holds oneself out to practice as a licensed service center, facilitator, manufacturer, or laboratory licensed to test psilocybin without being licensed under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the appropriate Department authorized to issue such license in an amount not to exceed $10,000 for each offense as determined by that Department. The civil penalty shall be assessed by the appropriate Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a licensee.

(b) The Department of Financial and Professional Regulation and the Department of Agriculture have the authority and power to investigate any and all unlicensed activity.

(c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty or in accordance with the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of this State.

Section 177. Notice; hearing.

(a) The Department conducting the disciplinary action shall, before disciplining an applicant or licensee, at least 30 days before the date set for the hearing: (i) notify the accused in writing of the charges made and the time and place for the hearing on the charges; (ii) direct him or her to file a written answer to the charges under oath no later than 20 days after service; and (iii) inform the applicant or licensee that failure to answer will result in a default being entered against the applicant or licensee.

(b) At the time and place fixed in the notice, the hearing officer appointed by the Secretary or Director of such Department shall proceed to hear the charges, and the parties or their counsel shall be accorded ample opportunity to present any pertinent statements, testimony, evidence, and arguments. The hearing officer may continue the hearing from time to time. In case the person, after receiving the notice, fails to file an answer, the person's license may, in the discretion of the Secretary or Director, having first received the recommendation of the hearing officer, be suspended, revoked, or placed on probationary status, or be subject to whatever disciplinary action the Secretary considers proper, including a fine, without hearing, if that act or acts charged constitute sufficient grounds for that action under this Act.

(c) The written notice and any notice in the subsequent proceeding may be served by regular mail or email to the licensee's or applicant's address of record.

Section 178. Subpoenas; oaths. The Department of Financial and Professional Regulation and the Department of Agriculture shall have the power to subpoena and bring before it any person and to take testimony either orally or by deposition, or both, with the same fees and mileage and in the same manner as prescribed by law in judicial proceedings in civil cases in courts in this State. The Secretary, Director, or the hearing officer shall each have the power to administer oaths to witnesses at any hearings that the Departments are authorized to conduct.

Section 179. Hearing; motion for rehearing.

(a) The hearing officer shall hear evidence in support of the formal charges and evidence produced by the licensee. At the conclusion of the hearing, the hearing officer shall present to the Secretary a written report of the hearing officer's findings of fact, conclusions of law, and recommendations.

(b) At the conclusion of the hearing, a copy of the hearing officer's report shall be served upon the applicant or licensee by the Department of Financial and Professional Regulation or the Department of Agriculture, either personally or as provided in this Act for the service of a notice of hearing. No later than 20 calendar days after service, the applicant or licensee may present to the applicable Department a motion in writing for rehearing, which shall specify the particular grounds for rehearing. The applicable Department may respond to the motion for rehearing within 20 calendar days after its service on such Department. If no motion for rehearing is filed, then, upon the expiration of the time specified for filing such motion or upon denial of a motion for rehearing, the Secretary or Director may enter an order in accordance with the recommendation of the hearing officer. If the applicant or licensee orders from the reporting service and pays for a transcript of the record within the time for filing a motion for rehearing, the 20-day period within which a motion may be filed shall commence upon the delivery of the transcript to the applicant or licensee.

(c) If the Secretary or Director disagrees in any regard with the report of the hearing officer, the Secretary or Director may issue an order contrary to the report.

(d) Whenever the Secretary or Director is not satisfied that substantial justice has been done, the Secretary or Director may order a rehearing by the same or another hearing officer.

(e) At any point in any investigation or disciplinary proceeding under this Act, both parties may agree to a negotiated consent order. The consent order shall be final upon signature of the Secretary or Director, as applicable.

Section 180. Issuing and renewing permits; fees; rules.

(a) The Department shall issue permits to qualified applicants to perform work described in this Act. The Department shall adopt rules establishing the following:

(1) The qualifications for performing work.

(2) The term of a permit issued under this Section.

(3) Procedures for applying for and renewing a permit issued under this Section.

(4) Reasonable application, issuance, and renewal fees for a permit issued under this Section.

(b) The Department of Financial and Professional Regulation or the Department of Agriculture may require an individual applying for a permit under this Section to successfully complete a course, made available by or through that Department, through which the individual receives training on the following:

(1) checking identification;

(2) detecting intoxication;

(3) handling psilocybin products;

(4) if applicable, the manufacturing of psilocybin products;

(5) the content of this Act and rules adopted under this Act; and

(6) any matter deemed necessary by the Department to protect the public health and safety.

(c) A Department or other provider of a course may charge a reasonable fee for the course described under subsection (b).

(d) The Department of Financial and Professional Regulation or the Department of Agriculture may not require an individual to successfully complete a course described under subsection (b) more than once, except for the following:

(1) As part of a final order suspending a permit issued under this Section, the Department may require a permit holder to successfully complete the course as a condition of lifting the suspension.

(2) As part of a final order revoking a permit issued under this Section, the Department shall require an individual to successfully complete the course before applying for a new permit.

(e) The Department shall conduct a criminal records check on an individual applying for a permit under this Section.

(f) Subject to applicable provisions of State law, the Department of Financial and Professional Regulation or the Department of Agriculture may suspend, revoke, or refuse to issue or renew a permit if the individual who is applying for or who holds the permit meets any of the following:

(1) Is convicted of a felony, or is convicted of an offense under this Act, except that the Department may not consider a conviction for an offense under this Act if the date of the conviction is 2 or more years before the date of the application or renewal.

(2) Violates any provision of this Act or any rule adopted under this Act.

(3) Makes a false statement to the Department.

(g) A permit issued under this Section is a personal privilege and permits work described under Section 175 only for the individual who holds the permit.

Section 185. Authority to require fingerprints. The Department of Agriculture or the Department of Financial and Professional Regulation, through the Illinois State Police, may require the fingerprints of any individual listed on an application submitted under Section 180 for purposes of conducting a background check. The Department of Agriculture or the Department of Financial Professional Regulation may require fingerprints to be submitted for a background check before or after the submission of an application. The Illinois State Police shall charge a fee for conducting the criminal history record check, which shall be deposited into the State Police Services Fund and shall not exceed the actual cost of the record check. In order to carry out this provision, an individual listed on an application submitted under Section 180 may be required to submit a full set of fingerprints to the Illinois State Police for the purpose of obtaining a State and federal criminal records check. These fingerprints shall be checked against the fingerprint records now and hereafter, to the extent allowed by law, filed in the Illinois State Police and Federal Bureau of Investigation criminal history records databases. The Illinois State Police shall furnish, following positive identification, all Illinois conviction information to the Department of Agriculture or the Department of Financial and Professional Regulation.

Section 190. Psilocybin Control and Regulation Fund. The Psilocybin Control and Regulation Fund is established as a special fund in the State treasury. Moneys may be deposited into the Fund or used in accordance with this Act. Interest earned by the Psilocybin Control and Regulation Fund shall be credited to the Fund.

Section 195. Prohibited conduct.

(a) Except as authorized by rule, or as necessary in an emergency, a person under 21 years of age may not enter or attempt to enter any portion of premises posted or otherwise identified as being prohibited to the use of persons under 21 years of age.

(b) A person who violates subsection (a) commits a Class B misdemeanor.

(c) The prohibitions of this Section do not apply to a person under 21 years of age who is acting under the direction of the Department of Financial and Professional Regulation or the Department of Agriculture or under the direction of a State or local law enforcement agency for the purpose of investigating the possible violation of a law prohibiting the sale of a psilocybin product to a person who is under 18 years of age.

(d) The prohibitions of this Section do not apply to a person under 21 years of age who is acting under the direction of a licensee for the purpose of investigating possible violations by employees of the licensee of laws prohibiting sales of psilocybin products to persons who are under 18 years of age.

(e) A person under 21 years of age is not in violation of, and is immune from prosecution under, this Section if either of the following occurred:

(1) The person contacted emergency medical services or a law enforcement agency in order to obtain medical assistance for another person who was in need of medical assistance because that person consumed a psilocybin product and the evidence of the violation was obtained as a result of the person having contacted emergency medical services or a law enforcement agency.

(2) The person was in need of medical assistance because the person consumed a psilocybin product and the evidence of the violation was obtained as a result of the person having sought or obtained the medical assistance.

(f) Subsection (e) does not exclude the use of evidence obtained as a result of a person having sought medical assistance in proceedings for crimes or offenses other than a violation of this Section.

Section 200. Prohibition against giving psilocybin products to a person who is visibly intoxicated; penalty.

(a) A person may not sell, give, or otherwise make available a psilocybin product to a person who is visibly intoxicated.

(b) Violation of this Section is a Class A misdemeanor.

Section 205. Prohibition against giving psilocybin product as prize; penalty.

(a) A psilocybin product may not be given as a prize, premium, or consideration for a lottery, contest, game of chance, game of skill, or competition of any kind.

(b) Violation of this Section is a Class A misdemeanor.

Section 206. Prohibition against giving psilocybin products to a person for off-site consumption.

(a) A person may not sell, give, or otherwise make available a psilocybin product to a person to be consumed outside of the premises of a service center or otherwise outside of an administration session.

(b) Violation of this Section will result in the loss of license of a facilitator or service center operator as well as any applicable criminal penalties for tax fraud or tax evasion.

Section 210. Civil enforcement. In addition to any other liability or penalty provided by law, the Department of Financial and Professional Regulation or the Department of Agriculture may impose for each violation of a provision of this Act or a rule adopted under this Act a civil penalty that does not exceed $5,000 for each violation. Moneys collected under this Section shall be deposited into the Psilocybin Control and Regulation Fund.

Section 215. Criminal enforcement.

(a) The law enforcement officers of this State may enforce this Act and assist the Department of Financial and Professional Regulation or the Department of Agriculture in detecting violations of this Act and apprehending offenders. A law enforcement officer who has notice, knowledge, or reasonable grounds for suspicion of a violation of this Act shall immediately notify the State's Attorney who has jurisdiction over the violation and furnish the State's Attorney who has jurisdiction over the violation with the name and address of any witnesses to the violation or other information related to the violation.

(b) A county court, State's Attorney, or municipal authority, immediately upon the conviction of a licensee of a violation of this Act or of a violation of any other law of this State or ordinance of a city or county located in this State, an element of which is the possession, delivery, or manufacture of a psilocybin product, shall notify the Department of the conviction.

(c) Violation of a rule adopted under Section 35 is a Class C misdemeanor, if expressly designated in the rule as such.

Section 220. Home rule; licensure. The authority to require a license for the manufacturing or sale of psilocybin products in this State or for the provision of psilocybin services in this State is an exclusive power and function of the State. A home rule unit may not license the manufacture, sale, or provision of psilocybin products. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution. However, nothing in this Section shall be construed as to restrict, deny, or otherwise limit a home rule unit from adopting ordinances or other rules or regulations on location siting or permissible signage and advertising used by those licensed under this Act.

Section 225. Local tax or fee prohibited.

(a) The authority to impose a tax or fee on the manufacturing, sale, or provision of psilocybin products in this State or on the provision of psilocybin services in this State is an exclusive power and function of the State. A home rule unit may not impose a tax or fee on the manufacture, sale, or provision of psilocybin products. This Section is a denial and limitation of home rule powers and functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution.

(b) A county, municipality, or unit of local government may not adopt or enact ordinances imposing a tax or fee on the manufacturing or sale of psilocybin products in this State or on the provision of psilocybin services in this State.

Section 230. Prohibition against refusing to perform certain duties.

(a) The Department of Public Health, the Department of Agriculture, the Department of Financial and Professional Regulation, the Illinois State Police, and the Department of Revenue may not refuse to perform any duty under this Act on the basis that manufacturing, distributing, dispensing, possessing, or using psilocybin products is prohibited by federal law.

(b) The Department of Financial and Professional Regulation or the Department of Agriculture may not revoke, refuse to issue, or renew a license or permit under this Act on the basis that manufacturing, distributing, dispensing, possessing, or using psilocybin products is prohibited by federal law.

Section 235. Authority to purchase, possess, seize, or dispose of psilocybin products. Subject to any applicable provision of State law, any State officer, board, commission, corporation, institution, department, or other State body, and any local officer, board, commission, institution, department, or other local government body, that is authorized by the laws of this State to perform a duty, function, or power with respect to a psilocybin product may purchase, possess, seize, or dispose of the psilocybin product as the State officer, board, commission, corporation, institution, department, or other State body or the local officer, board, commission, institution, department, or other local government body considers necessary to ensure compliance with and enforce the applicable State law or any rule adopted under the applicable State law.

Section 240. Suspension of a license or permit without notice. In the case of an invasion, disaster, insurrection, riot, or imminent danger of invasion, disaster, insurrection, or riot, the Governor may, for the duration of the invasion, disaster, insurrection, riot, or imminent danger, immediately and without notice, suspend, in the area involved, any license or permit issued under this Act.

Section 245. Psilocybin-producing fungi as a crop.

(a) In this Section, "psilocybin-producing fungi" means:

(1) a crop for the purposes of agricultural use;

(2) a crop for purposes of a farm or agricultural practice;

(3) a product of farm use; and

(4) the product of an agricultural activity.

(b) Notwithstanding the provisions of any law to the contrary, the following are not permitted uses on land designated for exclusive agriculture use:

(1) a new dwelling used in conjunction with a psilocybin-producing fungi crop; and

(2) a produce stand used in conjunction with a psilocybin-producing fungi crop.

(c) The operation of a service center may be carried on in conjunction with a psilocybin-producing fungi crop.

(d) A county may allow the manufacture of psilocybin products as an agricultural use on land zoned for agricultural and rural land use in the same manner as the manufacture of psilocybin products is allowed in exclusive agricultural use zones under this Section or any other applicable State law.

(e) This Section applies to psilocybin product manufacturers that hold a license under Section 80.

Section 250. Regulation of psilocybin products as food or other commodity.

(a) Notwithstanding the authority granted to the Department of Agriculture under the provisions of any law to the contrary, the Department of Agriculture may not exercise authority over a psilocybin product or a licensee except as provided in this Act.

(b) In exercising its authority under this Act, the Department of Agriculture may not:

(1) establish standards for psilocybin products as a food additive; or

(2) consider psilocybin products to be an adulterant unless the concentration of a psilocybin product exceeds acceptable levels established by the Department by rule.

Section 255. Enforceability of contracts. A contract is not unenforceable on the basis that manufacturing, distributing, dispensing, possessing, or using psilocybin products is prohibited by federal law.

Section 260. Department database for verification of license. The Department of Financial and Professional Regulation and the Department of Agriculture shall maintain an online database for people to inquire if an address is the location of a premises for which a license has been issued under this Act or is the location of a premises for which an application for licensure has been submitted under Section 50.

Section 265. Information related to licensure that is exempt from disclosure.

(a) Subject to subsection (b), information is exempt from public disclosure under the Freedom of Information Act if the information is any of the following:

(1) Personally identifiable information.

(2) The address of premises for which a license has been issued or for which an applicant has proposed licensure under Section 80, 95, or 275.

(3) Related to the security plan or the operational plan for premises for which a license has been issued or for which an applicant has proposed licensure under Section 80, 95, or 275.

(4) Related to any record that the Department of Financial and Professional Regulation or the Department of Agriculture determines contains proprietary information of a licensee.

(b) The exemption from public disclosure as provided by this Section does not apply to the following:

(1) the name of an individual listed on an application if the individual is a direct owner of the business operating or to be operated under the license; or

(2) a request for information if the request is made by a law enforcement agency.

(c) For purposes of paragraph (1) of subsection (b), an individual is not a direct owner of the business operating or to be operated under the license if the individual is either of the following:

(1) the direct owner of the business operating or to be operated under the license is a legal entity; or

(2) merely a general partner, limited partner, member, shareholder, or other direct or indirect owner of the legal entity.

Section 270. Testing standards and processes; rules.

(a) As is necessary to protect the public health and safety, the Department of Agriculture shall adopt rules that achieve the following:

(1) Establish standards for testing psilocybin products.

(2) Identify appropriate tests for psilocybin products, depending on the type of psilocybin product and the manner in which the psilocybin product was manufactured, that are necessary to protect the public health and safety, which may include, but are not limited to, tests for the following:

(A) microbiological contaminants;

(B) pesticides;

(C) other contaminants;

(D) solvents or residual solvents;

(E) psilocybin concentration;

(F) psilocin concentration; and

(G) total tryptamine concentration.

(3) Establish procedures for determining batch sizes and for sampling psilocybin products.

(4) Establish different minimum standards for different varieties of psilocybin products.

(b) In addition to the testing requirements established under subsection (a), the Department may require psilocybin products to be tested in accordance with any applicable law of this State, or any applicable rule adopted under a law of this State, related to the production and processing of food products or commodities.

(c) In adopting rules under this Act, the Department may require a psilocybin product manufacturer that holds a license under Section 80 to test psilocybin products before selling or transferring the psilocybin products.

(d) The Department may conduct random testing of psilocybin products for the purpose of determining whether a licensee subject to testing under subsection (c) is in compliance with this Section.

(e) In adopting rules to implement this Section, the Department may not require a psilocybin product to undergo the same test more than once unless the psilocybin product is processed into a different type of psilocybin product or the condition of the psilocybin product has fundamentally changed.

(f) The testing of psilocybin products as required by this Section must be conducted by a laboratory licensed by the Department under Section 275 and accredited by the Department under Section 290.

(g) In adopting rules under subsection (a), the Department shall consider the cost of a potential testing procedure and how that cost will affect the cost to the ultimate client and may not adopt rules that are more restrictive than is reasonably necessary to protect the public health and safety.

Section 275. Laboratory licensure; qualifications; fees; rules.

(a) A laboratory that conducts testing of psilocybin products as required by Section 270 must have a license to operate at the premises at which the psilocybin products are tested.

(b) For purposes of this Section, the Department of Agriculture shall adopt rules establishing the following:

(1) Qualifications to be licensed under this Section, including that an applicant for licensure under this Section must be accredited by the Department as described in Section 290.

(2) Processes for applying for and renewing a license under this Section.

(3) Fees for applying for, receiving, and renewing a license under this Section.

(4) Procedures for the following:

(A) tracking psilocybin products to be tested;

(B) documenting and reporting test results; and

(C) disposing of samples of psilocybin products that have been tested.

(c) A license issued under this Section must be renewed annually.

(d) The Department may inspect premises licensed under this Section to ensure compliance with Sections 270 through 310 and rules adopted under those Sections.

(e) Subject to applicable provisions of State law, the Department may refuse to issue or renew, or may suspend or revoke, a license issued under this Section for violation of a provision of this Act or a rule adopted under a provision of this Act.

(f) Fees adopted under paragraph (3) of subsection (b) must be reasonably calculated to pay the expenses incurred by the Department under this Act.

(g) Fees collected under this Section shall be deposited into the Psilocybin Control and Regulation Fund and are continuously appropriated to the Department for the purpose of carrying out the duties, functions, and powers of the Department under this Act.

Section 280. Authority to require fingerprints. The Department of Agriculture, through the Illinois State Police, may require the fingerprints of any individual listed on an application submitted under Section 275 for purposes of conducting a background check. The Department of Agriculture may require fingerprints to be submitted for a background check before or after the submission of an application. The Illinois State Police shall charge a fee for conducting the criminal history record check, which shall be deposited into the State Police Services Fund and shall not exceed the actual cost of the record check. In order to carry out this provision, an individual listed on an application submitted under Section 275 may be required to submit a full set of fingerprints to the Illinois State Police for the purpose of obtaining a State and federal criminal records check. These fingerprints shall be checked against the fingerprint records now and hereafter, to the extent allowed by law, filed in the Illinois State Police and Federal Bureau of Investigation criminal history records databases. The Illinois State Police shall furnish, following positive identification, all Illinois conviction information to the Department of Agriculture. The powers conferred on the Department under this Section include the power to require the fingerprints of the following persons:

(1) If the applicant is a limited partnership, each general partner of the limited partnership.

(2) If the applicant is a manager-managed limited liability company, each manager of the limited liability company.

(3) If the applicant is a member-managed limited liability company, each voting member of the limited liability company.

(4) If the applicant is a corporation, each director and officer of the corporation.

(5) Any individual who holds a financial interest of 10% or more in the person applying for the license.

Section 285. Statement of applicant for laboratory licensure. The Department of Agriculture may require a licensee or applicant for a license under Section 275 to submit, in a form and manner prescribed by the Department, to the Department a sworn statement showing the following:

(1) The name and address of each person who has a financial interest in the business operating or to be operated under the license.

(2) The nature and extent of the financial interest of each person who has a financial interest in the business operating or to be operated under the license.

(3) The Department may refuse to issue, or may suspend, revoke, or refuse to renew, a license issued under Section 275 if the Department determines that a person who has a financial interest in the business operating or to be operated under the license committed or failed to commit an act that would constitute grounds for the Department to refuse to issue, or to suspend, revoke, or refuse to renew, the license if the person were the licensee or applicant for the license.

Section 290. Laboratory accreditation.

(a) A laboratory that conducts testing of a psilocybin product as required by Section 275 must be accredited and meet other qualifications as established by the Department of Agriculture under this Section.

(b) In addition to other qualifications required pursuant to applicable law, the Department shall require an applicant for accreditation for purposes related to the testing of psilocybin products to:

(1) complete an application;

(2) undergo an onsite inspection; and

(3) meet other applicable requirements, specifications, and guidelines for testing psilocybin products as determined to be appropriate by the Department by rule.

(c) The Department may inspect premises licensed under Section 275 to ensure compliance with Sections 270 through 310 and rules adopted under those Sections.

(d) Subject to applicable provisions of State law, the Department may refuse to issue or renew, or may suspend or revoke, a laboratory's accreditation granted under this Section for violation of a provision of this Act or a rule adopted under this Act.

(e) In establishing fees under this Section for laboratories that test psilocybin products, the Department shall establish fees that are reasonably calculated to pay the expenses incurred by the Department under this Section in accrediting laboratories that test psilocybin products.

Section 295. Authority to discipline licensees. Subject to applicable provisions of State law, if an applicant or licensee violates a provision of Sections 270 through 310 or a rule adopted under those Sections, the Department of Agriculture may refuse to issue or renew, or may suspend or revoke, a license issued under Section 80, 95, 105, or 275.

Section 300. Authority of the Department of Agriculture over certain persons; license actions.

(a) Notwithstanding the lapse, suspension, or revocation of a license issued under Section 275, the Department of Agriculture may do either of the following:

(1) Proceed with any investigation of, or any action or disciplinary proceeding against, the person who held the license.

(2) Revise or render void an order suspending or revoking the license.

(b) In cases involving the proposed denial of a license applied for under this Act, the applicant for licensure may not withdraw the applicant's application.

Section 305. Civil penalty for certain violations.

(a) In addition to any other liability or penalty provided by law, the Department of Agriculture may impose for each violation of a provision of Sections 270 through 310 or a rule adopted under those Sections a civil penalty that does not exceed $500 for each day that the violation occurs.

(b) The Department of Agriculture shall impose civil penalties under this Section in the manner provided by applicable Illinois law.

(c) Moneys collected under this Section shall be deposited into the Psilocybin Control and Regulation Fund and are continuously appropriated to the Department for the purpose of carrying out the duties, functions, and powers of the Department under this Act.

Section 310. Exemption from criminal liability. A person who holds a license under Section 275, and an employee of or other person who performs work for a person who holds a license under Section 275, is exempt from the criminal laws of this State for possession, delivery, or manufacture of psilocybin, aiding and abetting another in the possession, delivery, or manufacture of psilocybin, or any other criminal offense in which possession, delivery, or manufacture of psilocybin is an element, while performing activities related to testing as described in Sections 270 through this Section.

Section 315. Labeling requirements; rules.

(a) As is necessary to protect the public health and safety, the Department of Agriculture shall adopt rules establishing standards for the labeling of psilocybin products, including, but not limited to, the following:

(1) Ensuring that psilocybin products have labeling that communicates the following:

(A) Health and safety warnings.

(B) If applicable, activation time.

(C) Potency.

(D) If applicable, serving size and the number of servings included in a psilocybin product.

(E) Content of the psilocybin product.

(2) Labeling that is in accordance with applicable State food labeling requirements for the same type of food product or potable liquid when the food product or potable liquid does not contain psilocybin.

(b) In adopting rules under this Act, the Department shall require all psilocybin products sold or transferred by a service center that holds a license issued under Section 95 to be labeled in accordance with subsection (a) and rules adopted under subsection (a).

(c) In adopting rules under subsection (a), the Department:

(1) may establish different labeling standards for different varieties and types of psilocybin products;

(2) shall consider the cost of a potential requirement and how that cost will affect the cost to the ultimate client; and

(3) may not adopt rules that are more restrictive than is reasonably necessary to protect the public health and safety.

Section 320. Preapproval of labels.

(a) The Department of Agriculture may by rule require a licensee to submit a label intended for use on a psilocybin product for preapproval by the Department before the licensee may sell or transfer a psilocybin product bearing the label. The Department shall determine whether a label submitted under this Section complies with Section 315 and any rule adopted under Section 315.

(b) The Department of Agriculture may impose a fee for submitting a label for preapproval under this Section that is reasonably calculated to not exceed the cost of administering this Section.

Section 325. Packaging requirements; rules.

(a) As is necessary to protect the public health and safety, the Department of Agriculture shall adopt rules establishing standards for the packaging of psilocybin products, including, but not limited to, ensuring that psilocybin products are not marketed in a manner that is either untruthful or misleading, or otherwise creates a significant risk of harm to public health and safety.

(b) In adopting rules under this Act, the Department shall require all psilocybin products sold or transferred by a service center that holds a license issued under Section 95 to be packaged in accordance with subsection (a) and rules adopted under subsection (a).

(c) In adopting rules under subsection (a), the Department:

(1) may establish different packaging standards for different varieties and types of psilocybin products;

(2) may consider the effect on the environment of requiring certain packaging;

(3) shall consider the cost of a potential requirement and how that cost will affect the cost to the ultimate client; and

(4) may not adopt rules that are more restrictive than is reasonably necessary to protect the public health and safety.

Section 330. Preapproval of packaging.

(a) The Department of Agriculture may by rule require a licensee to submit packaging intended for a psilocybin product for preapproval by the Department before the licensee may sell or transfer a psilocybin product packaged in the packaging. The Department shall determine whether packaging submitted under this Section complies with Section 325 and any rule adopted under Section 325.

(b) The Department of Agriculture may impose a fee for submitting packaging for preapproval under this Section that is reasonably calculated to not exceed the cost of administering this Section.

Section 335. Dosage requirements; rules.

(a) The Department of Agriculture shall adopt rules establishing the following:

(1) The maximum concentration of psilocybin that is permitted in a single serving of a psilocybin product.

(2) The number of servings that are permitted in a psilocybin product package.

(b) In adopting rules under this Act, the Department shall require all psilocybin products sold or transferred by a service center that holds a license under Section 95 to meet the concentration standards and packaging standards adopted by rule pursuant to this Section.

Section 340. Inspections. To ensure compliance with Sections 315 through 350 and any rule adopted under those Sections, the Department of Agriculture or the Department of Financial and Professional Regulation may inspect the premises of a person that holds a license under Section 80 or 95.

Section 341. Violation of tax Acts; refusal, revocation, or suspension of license.

(a) In addition to other grounds specified in this Act, the Department of Agriculture and Department of Financial and Professional Regulation, upon notification by the Department of Revenue, shall refuse the issuance or renewal of a license or suspend or revoke the license of any person, for any of the following violations of any tax Act administered by the Department of Revenue:

(1) failure to file a tax return;

(2) the filing of a fraudulent return;

(3) failure to pay all or part of any tax or penalty finally determined to be due;

(4) failure to keep books and records;

(5) failure to secure and display a certificate or sub-certificate of registration, if required; or

(6) willful violation of any rule or regulation of the Department relating to the administration and enforcement of tax liability.

(b) After all violations of any of items (1) through (6) of subsection (a) have been corrected or resolved, the Department shall, upon request of the applicant or, if not requested, may notify the entities listed in subsection (a) that the violations have been corrected or resolved. Upon receiving notice from the Department that a violation of any of items (1) through (6) of subsection (a) have been corrected or otherwise resolved to the Department of Revenue's satisfaction, the Department of Agriculture and the Department of Financial and Professional Regulation may issue or renew the license or vacate an order of suspension or revocation.

Section 345. Discipline of licensees. Subject to applicable provisions of law, if an applicant or licensee violates a provision of Sections 315 through 350 or a rule adopted under those Sections, the Department of Agriculture or the Department of Financial and Professional Regulation may refuse to issue or renew, or may suspend or revoke, a license issued under Section 80, 95, or 105.

Section 350. Civil penalties.

(a) In addition to any other liability or penalty provided by law, the Department of Agriculture may impose for each violation of a provision of Sections 315 through 350 or a rule adopted under those Sections, a civil penalty that does not exceed $500 for each day that the violation occurs.

(b) The Department of Agriculture shall impose civil penalties under this Section in the manner provided under applicable Illinois law.

(c) Moneys collected under this Section shall be deposited into the Psilocybin Control and Regulation Fund and are continuously appropriated to the Department for the purpose of carrying out the duties, functions, and powers of the Department under this Act.

Section 355. Definitions. In this Section through Section 425:

"Psilocybin retailer" means a service center operator that sells psilocybin for use and not for resale.

"Retail sale" means any transfer or exchange of a psilocybin product by any person to a client.

"Retail sales price" means the price paid for a psilocybin product, excluding tax, to a service center operator by or on behalf of a client.

Section 360. Tax imposed.

(a) Beginning January 1, 2027, a tax is imposed upon purchasers for the privilege of using psilocybin at a rate of 15% of the purchase price.

(b) The purchase of any product that contains any amount of psilocybin or any derivative thereof is subject to the tax under subsection (a) of this Section on the full purchase price of the product.

(c) The tax imposed by this Section is not imposed with respect to any transaction in interstate commerce, to the extent the transaction may not, under the Constitution and statutes of the United States, be made the subject of taxation by this State.

(d) The tax imposed under this Article shall be in addition to all other occupation, privilege, or excise taxes imposed by the State or by any municipal corporation or political subdivision thereof.

(e) The tax imposed under this Article shall not be imposed on any purchase by a purchaser if the psilocybin retailer is prohibited by federal or State Constitution, treaty, convention, statute, or court decision from collecting the tax from the purchaser.

Section 365. Bundling of taxable and nontaxable items; prohibition; taxation. If a psilocybin retailer sells psilocybin or psilocybin-infused products in combination or bundled with items that are not subject to tax under this Act for one price, then the tax under this Act is imposed on the purchase price of the entire bundled product.

Section 370. Collection of tax.

(a) The tax imposed by this Article shall be collected from the purchaser by the psilocybin retailer at the rate stated in Section 360 with respect to psilocybin sold by the psilocybin retailer to the purchaser, and shall be remitted to the Department as provided in Section 385. Psilocybin retailers shall collect the tax from purchasers by adding the tax to the amount of the purchase price received from the purchaser for selling psilocybin to the purchaser. The tax imposed by this Article shall, when collected, be stated as a distinct item separate and apart from the purchase price of the psilocybin.

(b) If a psilocybin retailer collects the tax imposed pursuant to Section 360 measured by a purchase price that is not subject to Section 360, or if a psilocybin retailer, in collecting the tax pursuant to Section 360 measured by a purchase price that is subject to tax under this Act, collects more from the purchaser than the required amount on the transaction, the purchaser shall have a legal right to claim a refund of that amount from the psilocybin retailer. If, however, that amount is not refunded to the purchaser for any reason, the psilocybin retailer is liable to pay that amount to the Department.

(c) Any person purchasing psilocybin subject to tax under this Article as to which there has been no charge made to the purchaser of the tax imposed by Section 360 shall make payment of the tax imposed by Section 360 in the form and manner provided by the Department not later than the 20th day of the month following the month of purchase of the psilocybin.

Section 375. Registration of psilocybin retailers. Every psilocybin retailer required to collect the tax under this Article shall apply to the Department for a certificate of registration under this Article. All applications for registration under this Article shall be made by electronic means in the form and manner required by the Department. For that purpose, the provisions of Section 2a of the Retailers' Occupation Tax Act are incorporated into this Article to the extent not inconsistent with this Article. In addition, no certificate of registration shall be issued under this Article unless the applicant is licensed under this Act.

Section 380. Tax collected as debt owed to the State. Any psilocybin retailer required to collect the tax imposed by this Article shall be liable to the Department for the tax, whether or not the tax has been collected by the psilocybin retailer, and any such tax shall constitute a debt owed by the psilocybin retailer to this State. To the extent that a psilocybin retailer required to collect the tax imposed by this Act has actually collected that tax, the tax is held in trust for the benefit of the Department.

Section 385. Return and payment of tax by the psilocybin retailer. Each psilocybin retailer that is required or authorized to collect the tax imposed by this Article shall make a return to the Department, by electronic means, on or before the 20th day of each month for the preceding calendar month stating the following:

(1) the psilocybin retailer's name;

(2) the address of the psilocybin retailer's principal place of business and the address of the principal place of business (if that is a different address) from which the psilocybin retailer engaged in the business of selling psilocybin subject to tax under this Article;

(3) the total purchase price received by the psilocybin retailer for psilocybin subject to tax under this Article;

(4) the amount of tax due at each rate;

(5) the signature of the psilocybin retailer; and

(6) any other information as the Department may reasonably require.

All returns required to be filed and payments required to be made under this Article shall be by electronic means. Psilocybin retailers who demonstrate hardship in paying electronically may petition the Department to waive the electronic payment requirement.

Any amount that is required to be shown or reported on any return or other document under this Article shall, if the amount is not a whole-dollar amount, be increased to the nearest whole-dollar amount if the fractional part of a dollar is $0.50 or more and decreased to the nearest whole-dollar amount if the fractional part of a dollar is less than $0.50. If a total amount of less than $1 is payable, refundable, or creditable, the amount shall be disregarded if it is less than $0.50 and shall be increased to $1 if it is $0.50 or more.

The psilocybin retailer making the return provided for in this Section shall also pay to the Department, in accordance with this Section, the amount of tax imposed by this Article, less a discount of 2% per return period, which is allowed to reimburse the psilocybin retailer for the expenses incurred in keeping records, collecting tax, preparing and filing returns, remitting the tax, and supplying data to the Department upon request. No discount may be claimed by a psilocybin retailer on returns not timely filed and for taxes not timely remitted. No discount may be claimed by a taxpayer for any return that is not filed electronically. No discount may be claimed by a taxpayer for any payment that is not made electronically, unless a waiver has been granted under this Section.

Notwithstanding any other provision of this Article concerning the time within which a psilocybin retailer may file a return, any such psilocybin retailer who ceases to engage in the kind of business that makes the person responsible for filing returns under this Article shall file a final return under this Article with the Department within one month after discontinuing the business.

Each psilocybin retailer shall make estimated payments to the Department on or before the 7th, 15th, 22nd, and last day of the month during which tax liability to the Department is incurred. The payments shall be in an amount not less than the lower of either 22.5% of the psilocybin retailer's actual tax liability for the month or 25% of the psilocybin retailer's actual tax liability for the same calendar month of the preceding year. The amount of the quarter-monthly payments shall be credited against the final tax liability of the psilocybin retailer's return for that month. If any such quarter-monthly payment is not paid at the time or in the amount required by this Section, then the psilocybin retailer shall be liable for penalties and interest on the difference between the minimum amount due as a payment and the amount of the quarter-monthly payment actually and timely paid, except insofar as the psilocybin retailer has previously made payments for that month to the Department in excess of the minimum payments previously due as provided in this Section.

If any payment provided for in this Section exceeds the taxpayer's liabilities under this Article, as shown on an original monthly return, the Department shall, if requested by the taxpayer, issue to the taxpayer a credit memorandum no later than 30 days after the date of payment. The credit evidenced by the credit memorandum may be assigned by the taxpayer to a similar taxpayer under this Article, in accordance with reasonable rules to be prescribed by the Department. If no such request is made, the taxpayer may credit the excess payment against tax liability subsequently to be remitted to the Department under this Article, in accordance with reasonable rules prescribed by the Department. If the Department subsequently determines that all or any part of the credit taken was not actually due to the taxpayer, the taxpayer's discount shall be reduced, if necessary, to reflect the difference between the credit taken and that actually due, and that taxpayer shall be liable for penalties and interest on the difference. If a psilocybin retailer fails to sign a return within 30 days after the proper notice and demand for signature by the Department is received by the psilocybin retailer, the return shall be considered valid and any amount shown to be due on the return shall be deemed assessed.

Section 390. Deposit of proceeds. All moneys received by the Department under this Article shall be paid into the Illinois Psilocybin Fund.

Section 395. Recordkeeping; books and records.

(a) Every retailer of psilocybin, whether or not the retailer has obtained a certificate of registration under Section 375, shall keep complete and accurate records of psilocybin held, purchased, sold, or otherwise disposed of, and shall preserve and keep all invoices, bills of lading, sales records, and copies of bills of sale, returns, and other pertinent papers and documents relating to the purchase, sale, or disposition of psilocybin. Such records need not be maintained on the licensed premises but must be maintained in the State. However, all original invoices or copies thereof covering purchases of psilocybin must be retained on the licensed premises for a period of 90 days after such purchase, unless the Department has granted a waiver in response to a written request in cases where records are kept at a central business location within the State. The Department shall adopt rules regarding the eligibility for a waiver, revocation of a waiver, and requirements and standards for maintenance and accessibility of records located at a central location under a waiver provided under this Section.

(b) Books, records, papers, and documents that are required by this Article to be kept shall, at all times during the usual business hours of the day, be subject to inspection by the Department or its duly authorized agents and employees. The books, records, papers, and documents for any period with respect to which the Department is authorized to issue a notice of tax liability shall be preserved until the expiration of that period.

Section 400. Violations and penalties.

(a) When the amount due is under $300, any retailer of psilocybin who fails to file a return, willfully fails or refuses to make any payment to the Department of the tax imposed by this Article, or files a fraudulent return, or any officer or agent of a corporation engaged in the business of selling psilocybin to purchasers located in this State who signs a fraudulent return filed on behalf of the corporation, or any accountant or other agent who knowingly enters false information on the return of any taxpayer under this Article is guilty of a Class 4 felony.

(b) When the amount due is $300 or more, any retailer of psilocybin who files, or causes to be filed, a fraudulent return, or any officer or agent of a corporation engaged in the business of selling psilocybin to purchasers located in this State who files or causes to be filed or signs or causes to be signed a fraudulent return filed on behalf of the corporation, or any accountant or other agent who knowingly enters false information on the return of any taxpayer under this Article is guilty of a Class 3 felony.

(c) Any person who violates any provision of Section 375, fails to keep books and records as required under this Article, or willfully violates a rule of the Department for the administration and enforcement of this Article is guilty of a Class 4 felony. A person commits a separate offense on each day that he or she engages in business in violation of Section 375 or a rule of the Department for the administration and enforcement of this Article. If a person fails to produce the books and records for inspection by the Department upon request, a prima facie presumption shall arise that the person has failed to keep books and records as required under this Article. A person who is unable to rebut this presumption is in violation of this Article and is subject to the penalties provided in this Section.

(d) Any person who violates any provision of Sections 375, fails to keep books and records as required under this Article, or willfully violates a rule of the Department for the administration and enforcement of this Article, is guilty of a business offense and may be fined up to $5,000. If a person fails to produce books and records for inspection by the Department upon request, a prima facie presumption shall arise that the person has failed to keep books and records as required under this Article. A person who is unable to rebut this presumption is in violation of this Article and is subject to the penalties provided in this Section. A person commits a separate offense on each day that he or she engages in business in violation of Section 375.

(e) Any taxpayer or agent of a taxpayer who with the intent to defraud purports to make a payment due to the Department by issuing or delivering a check or other order upon a real or fictitious depository for the payment of money, knowing that it will not be paid by the depository, is guilty of a deceptive practice in violation of Section 17-1 of the Criminal Code of 2012.

(f) Any person who fails to keep books and records or fails to produce books and records for inspection, as required by Section 65-36, is liable to pay to the Department, for deposit in the Tax Compliance and Administration Fund, a penalty of $1,000 for the first failure to keep books and records or failure to produce books and records for inspection, as required by Section 65-36, and $3,000 for each subsequent failure to keep books and records or failure to produce books and records for inspection, as required by Section 395.

(g) Any person who knowingly acts as a retailer of psilocybin in this State without first having obtained a certificate of registration to do so in compliance with this Article shall be guilty of a Class 4 felony.

(h) A person commits the offense of tax evasion under this Article when the person knowingly attempts in any manner to evade or defeat the tax imposed on the person or on any other person, or the payment thereof, and the person commits an affirmative act in furtherance of the evasion. As used in this Section, "affirmative act in furtherance of the evasion" means an act designed in whole or in part to (i) conceal, misrepresent, falsify, or manipulate any material fact or (ii) tamper with or destroy documents or materials related to a person's tax liability under this Article. 2 or more acts of sales tax evasion may be charged as a single count in any indictment, information, or complaint and the amount of tax deficiency may be aggregated for purposes of determining the amount of tax that is attempted to be or is evaded and the period between the first and last acts may be alleged as the date of the offense.

(1) When the amount of tax, the assessment or payment of which is attempted to be or is evaded is less than $500, a person is guilty of a Class 4 felony.

(2) When the amount of tax, the assessment or payment of which is attempted to be or is evaded is $500 or more but less than $10,000, a person is guilty of a Class 3 felony.

(3) When the amount of tax, the assessment or payment of which is attempted to be or is evaded is $10,000 or more but less than $100,000, a person is guilty of a Class 2 felony.

(4) When the amount of tax, the assessment or payment of which is attempted to be or is evaded is $100,000 or more, a person is guilty of a Class 1 felony.

Any person who knowingly sells, purchases, installs, transfers, possesses, uses, or accesses any automated sales suppression device, zapper, or phantom-ware in this State is guilty of a Class 3 felony.

As used in this Section:

"Automated sales suppression device" or "zapper" means a software program that falsifies the electronic records of an electronic cash register or other point-of-sale system, including, but not limited to, transaction data and transaction reports. The term includes the software program, any device that carries the software program, or an Internet link to the software program.

"Phantom-ware" means a hidden programming option embedded in the operating system of an electronic cash register or hardwired into an electronic cash register that can be used to create a second set of records or that can eliminate or manipulate transaction records in an electronic cash register.

"Electronic cash register" means a device that keeps a register or supporting documents through the use of an electronic device or computer system designed to record transaction data for the purpose of computing, compiling, or processing retail sales transaction data in any manner.

"Transaction data" includes: items purchased by a purchaser; the price of each item; a taxability determination for each item; a segregated tax amount for each taxed item; the amount of cash or credit tendered; the net amount returned to the customer in change; the date and time of the purchase; the name, address, and identification number of the vendor; and the receipt or invoice number of the transaction.

"Transaction report" means a report that documents, without limitation, the sales, taxes, or fees collected, media totals, and discount voids at an electronic cash register and that is printed on a cash register tape at the end of a day or shift, or a report that documents every action at an electronic cash register and is stored electronically.

A prosecution for any act in violation of this Section may be commenced at any time within 5 years of the commission of that act.

(i) The Department may adopt rules to administer the penalties under this Section.

(j) Any person whose principal place of business is in this State and who is charged with a violation under this Section shall be tried in the county where his or her principal place of business is located unless he or she asserts a right to be tried in another venue.

(k) Except as otherwise provided in subsection (h), a prosecution for a violation described in this Section may be commenced within 3 years after the commission of the act constituting the violation.

Section 405. Arrest; search and seizure without warrant. Any duly authorized employee of the Department: (i) may arrest without warrant any person committing in the employee's presence a violation of any of the provisions of this Article; (ii) may without a search warrant inspect all psilocybin located in any place of business; (iii) may seize any psilocybin in the possession of the retailer in violation of this Act; and (iv) may seize any psilocybin on which the tax imposed by this Act has not been paid. The psilocybin seized is subject to confiscation and forfeiture as provided in Sections 415 and 416.

Section 410. Seizure and forfeiture. After seizing any psilocybin as provided in this Article, the Department must hold a hearing and determine whether the retailer was properly registered to sell the psilocybin at the time of its seizure by the Department. The Department shall give not less than 20 days' notice of the time and place of the hearing to the owner of the psilocybin, if the owner is known, and also to the person in whose possession the psilocybin was found, if that person is known and if the person in possession is not the owner of the psilocybin. If neither the owner nor the person in possession of the psilocybin is known, the Department must cause publication of the time and place of the hearing to be made at least once in each week for 3 weeks successively in a newspaper of general circulation in the county where the hearing is to be held.

If, as the result of the hearing, the Department determines that the retailer was not properly registered at the time the psilocybin was seized, the Department must enter an order declaring the psilocybin confiscated and forfeited to the State, to be held by the Department for disposal by it as provided in Section 416. The Department must give notice of the order to the owner of the psilocybin, if the owner is known, and also to the person in whose possession the psilocybin was found, if that person is known and if the person in possession is not the owner of the psilocybin. If neither the owner nor the person in possession of the psilocybin is known, the Department must cause publication of the order to be made at least once in each week for 3 weeks successively in a newspaper of general circulation in the county where the hearing was held.

Section 415. Search warrant; issuance and return; process; confiscation of psilocybin; forfeitures.

(a) If a peace officer of this State or any duly authorized officer or employee of the Department has reason to believe that any violation of this Article or a rule of the Department for the administration and enforcement of this Article has occurred and that the person violating this Article or rule has in that person's possession any psilocybin in violation of this Article or a rule of the Department for the administration and enforcement of this Article, that peace officer, or officer or employee of the Department, may file or cause to be filed his or her complaint in writing, verified by affidavit, with any court within whose jurisdiction the premises to be searched are situated, stating the facts upon which the belief is founded, the premises to be searched, and the property to be seized, and procure a search warrant and execute that warrant. Upon the execution of the search warrant, the peace officer, or officer or employee of the Department, executing the search warrant shall make due return of the warrant to the court issuing the warrant, together with an inventory of the property taken under the warrant. The court must then issue process against the owner of the property if the owner is known; otherwise, process must be issued against the person in whose possession the property is found, if that person is known. In case of inability to serve process upon the owner or the person in possession of the property at the time of its seizure, notice of the proceedings before the court must be given in the same manner as required by the law governing cases of attachment. Upon the return of the process duly served or upon the posting or publishing of notice made, as appropriate, the court or jury, if a jury is demanded, shall proceed to determine whether the property seized was held or possessed in violation of this Article or a rule of the Department for the administration and enforcement of this Article. If a violation is found, judgment shall be entered confiscating the property and forfeiting it to the State and ordering its delivery to the Department. In addition, the court may tax and assess the costs of the proceedings.

(b) When any psilocybin has been declared forfeited to the State by the Department and when all proceedings for the judicial review of the Department's decision have terminated, the Department shall, to the extent that its decision is sustained on review, destroy or maintain and use such psilocybin in an undercover capacity.

(c) The Department may, before any destruction of psilocybin, permit the true holder of trademark rights in the psilocybin to inspect such psilocybin in order to assist the Department in any investigation regarding such psilocybin.

Section 416. Psilocybin retailers; purchase and possession of psilocybin. Psilocybin retailers shall purchase psilocybin for resale only from manufacturers as authorized by this Act.

Section 417. Rulemaking. The Department may adopt rules in accordance with the Illinois Administrative Procedure Act and prescribe forms relating to the administration and enforcement of this Article as it deems appropriate.

Section 420. Illinois Psilocybin Fund. The Illinois Psilocybin Fund is created as a special fund in the State treasury. The Fund shall consist of moneys transferred to the Fund under Section 425. The Department of Revenue shall certify quarterly the amount of moneys available in the Illinois Psilocybin Fund. The Department of Revenue shall transfer quarterly the moneys in the Illinois Psilocybin Fund to the Psilocybin Control and Regulation Fund.

Section 425. Illinois Psilocybin Fund; payment of expenses. All moneys received by the Department of Revenue under Sections 355 through this Section shall be deposited into the Illinois Psilocybin Fund. The Department of Revenue may pay expenses for the administration and enforcement of Sections 355 through this Section out of moneys received from the tax imposed under Section 360. Amounts necessary to pay administrative and enforcement expenses are continuously appropriated to the Department of Revenue from the Illinois Psilocybin Fund.

Section 430. Incorporation by reference. All of the provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, 10, 11, 11a, and 12 of the Retailers' Occupation Tax Act, and all applicable provisions of the Uniform Penalty and Interest Act that are not inconsistent with this Act, apply to clients, legal entities, licensees, licensee representatives, psilocybin product manufacturers, service centers, service center operators, and facilitators to the same extent as if those provisions were included in this Act. References in the incorporated Sections of the Retailers' Occupation Tax Act to retailers, to sellers, or to persons engaged in the business of selling tangible personal property mean distributors when used in this Act. References in the incorporated Sections to sales of tangible personal property mean sales of tobacco products when used in this Act.

Section 435. Registration under the Retailers' Occupation Tax Act. A retailer maintaining a place of business in this State, if required to register under the Retailers' Occupation Tax Act, need not obtain an additional certificate of registration under this Act, but shall be deemed to be sufficiently registered by virtue of his being registered under the Retailers' Occupation Tax Act. Every retailer maintaining a place of business in this State, if not required to register under the Retailers' Occupation Tax Act, shall apply to the Department of Revenue (upon a form prescribed and furnished by the Department of Revenue) for a certificate of registration under this Act. In completing such an application, the applicant shall furnish such information as the Department of Revenue may reasonably require. Upon approval of an application for certificate of registration, the Department of Revenue shall issue, without charge, a certificate of registration to the applicant. Such certificate of registration shall be displayed at the address which the applicant states in his or her application to be the principal place of business or location from which he or she will act as a retailer in this State. If the applicant will act as a retailer in this State from other places of business or locations, he shall list the addresses of such additional places of business or locations in this application for certificate of registration, and the Department of Revenue shall issue a sub-certificate of registration to the applicant for each such additional place of business or location. Each sub-certificate of registration shall be conspicuously displayed at the place for which it is issued. Such sub-certificate of registration shall bear the same registration number as that appearing upon the certificate of registration to which such sub-certificates of registration relate. Where a retailer operates more than one place of business which is subject to registration under this Section and such businesses are substantially different in character or are engaged in under different trade names or are engaged in under other substantially dissimilar circumstances (so that it is more practicable, from an accounting, auditing, or bookkeeping standpoint, for such businesses to be separately registered), the Department of Revenue may require or permit such person to apply for and obtain a separate certificate of registration for each such business or for any of such businesses instead of registering such person, as to all such businesses, under a single certificate of registration supplemented by related sub-certificates of registration. No certificate of registration shall be issued to any person who is in default to the State for moneys due hereunder.

The Department of Revenue may, in its discretion, upon application, authorize the collection of the tax herein imposed by any retailer not maintaining a place of business within this State, who, to the satisfaction of the Department of Revenue, furnishes adequate security to insure collection and payment of the tax. Such retailer shall be issued, without charge, a permit to collect such tax. When so authorized, it shall be the duty of such retailer to collect the tax upon all tangible personal property sold to his knowledge for use within this State, in the same manner and subject to the same requirements, including the furnishing of a receipt to the purchaser (if demanded by the purchaser), as a retailer maintaining a place of business within this State. The receipt given to the purchaser shall be sufficient to relieve him or her from further liability for the tax to which such receipt may refer. Such permit may be revoked by the Department as provided herein.

Section 900. The Freedom of Information Act is amended by changing Section 7 as follows:

(5 ILCS 140/7)

Sec. 7. Exemptions.

(1) When a request is made to inspect or copy a public record that contains information that is exempt from disclosure under this Section, but also contains information that is not exempt from disclosure, the public body may elect to redact the information that is exempt. The public body shall make the remaining information available for inspection and copying. Subject to this requirement, the following shall be exempt from inspection and copying:

(a) Information specifically prohibited from disclosure by federal or State law or rules and regulations implementing federal or State law.

(b) Private information, unless disclosure is required by another provision of this Act, a State or federal law, or a court order.

(b-5) Files, documents, and other data or databases maintained by one or more law enforcement agencies and specifically designed to provide information to one or more law enforcement agencies regarding the physical or mental status of one or more individual subjects.

(c) Personal information contained within public records, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy, unless the disclosure is consented to in writing by the individual subjects of the information. "Unwarranted invasion of personal privacy" means the disclosure of information that is highly personal or objectionable to a reasonable person and in which the subject's right to privacy outweighs any legitimate public interest in obtaining the information. The disclosure of information that bears on the public duties of public employees and officials shall not be considered an invasion of personal privacy.

(d) Records in the possession of any public body created in the course of administrative enforcement proceedings, and any law enforcement or correctional agency for law enforcement purposes, but only to the extent that disclosure would:

(i) interfere with pending or actually and reasonably contemplated law enforcement proceedings conducted by any law enforcement or correctional agency that is the recipient of the request;

(ii) interfere with active administrative enforcement proceedings conducted by the public body that is the recipient of the request;

(iii) create a substantial likelihood that a person will be deprived of a fair trial or an impartial hearing;

(iv) unavoidably disclose the identity of a confidential source, confidential information furnished only by the confidential source, or persons who file complaints with or provide information to administrative, investigative, law enforcement, or penal agencies; except that the identities of witnesses to traffic crashes, traffic crash reports, and rescue reports shall be provided by agencies of local government, except when disclosure would interfere with an active criminal investigation conducted by the agency that is the recipient of the request;

(v) disclose unique or specialized investigative techniques other than those generally used and known or disclose internal documents of correctional agencies related to detection, observation, or investigation of incidents of crime or misconduct, and disclosure would result in demonstrable harm to the agency or public body that is the recipient of the request;

(vi) endanger the life or physical safety of law enforcement personnel or any other person; or

(vii) obstruct an ongoing criminal investigation by the agency that is the recipient of the request.

(d-5) A law enforcement record created for law enforcement purposes and contained in a shared electronic record management system if the law enforcement agency that is the recipient of the request did not create the record, did not participate in or have a role in any of the events which are the subject of the record, and only has access to the record through the shared electronic record management system.

(d-6) Records contained in the Officer Professional Conduct Database under Section 9.2 of the Illinois Police Training Act, except to the extent authorized under that Section. This includes the documents supplied to the Illinois Law Enforcement Training Standards Board from the Illinois State Police and Illinois State Police Merit Board.

(d-7) Information gathered or records created from the use of automatic license plate readers in connection with Section 2-130 of the Illinois Vehicle Code.

(e) Records that relate to or affect the security of correctional institutions and detention facilities.

(e-5) Records requested by persons committed to the Department of Corrections, Department of Human Services Division of Mental Health, or a county jail if those materials are available in the library of the correctional institution or facility or jail where the inmate is confined.

(e-6) Records requested by persons committed to the Department of Corrections, Department of Human Services Division of Mental Health, or a county jail if those materials include records from staff members' personnel files, staff rosters, or other staffing assignment information.

(e-7) Records requested by persons committed to the Department of Corrections or Department of Human Services Division of Mental Health if those materials are available through an administrative request to the Department of Corrections or Department of Human Services Division of Mental Health.

(e-8) Records requested by a person committed to the Department of Corrections, Department of Human Services Division of Mental Health, or a county jail, the disclosure of which would result in the risk of harm to any person or the risk of an escape from a jail or correctional institution or facility.

(e-9) Records requested by a person in a county jail or committed to the Department of Corrections or Department of Human Services Division of Mental Health, containing personal information pertaining to the person's victim or the victim's family, including, but not limited to, a victim's home address, home telephone number, work or school address, work telephone number, social security number, or any other identifying information, except as may be relevant to a requester's current or potential case or claim.

(e-10) Law enforcement records of other persons requested by a person committed to the Department of Corrections, Department of Human Services Division of Mental Health, or a county jail, including, but not limited to, arrest and booking records, mug shots, and crime scene photographs, except as these records may be relevant to the requester's current or potential case or claim.

(f) Preliminary drafts, notes, recommendations, memoranda, and other records in which opinions are expressed, or policies or actions are formulated, except that a specific record or relevant portion of a record shall not be exempt when the record is publicly cited and identified by the head of the public body. The exemption provided in this paragraph (f) extends to all those records of officers and agencies of the General Assembly that pertain to the preparation of legislative documents.

(g) Trade secrets and commercial or financial information obtained from a person or business where the trade secrets or commercial or financial information are furnished under a claim that they are proprietary, privileged, or confidential, and that disclosure of the trade secrets or commercial or financial information would cause competitive harm to the person or business, and only insofar as the claim directly applies to the records requested.

The information included under this exemption includes all trade secrets and commercial or financial information obtained by a public body, including a public pension fund, from a private equity fund or a privately held company within the investment portfolio of a private equity fund as a result of either investing or evaluating a potential investment of public funds in a private equity fund. The exemption contained in this item does not apply to the aggregate financial performance information of a private equity fund, nor to the identity of the fund's managers or general partners. The exemption contained in this item does not apply to the identity of a privately held company within the investment portfolio of a private equity fund, unless the disclosure of the identity of a privately held company may cause competitive harm.

Nothing contained in this paragraph (g) shall be construed to prevent a person or business from consenting to disclosure.

(h) Proposals and bids for any contract, grant, or agreement, including information which if it were disclosed would frustrate procurement or give an advantage to any person proposing to enter into a contractor agreement with the body, until an award or final selection is made. Information prepared by or for the body in preparation of a bid solicitation shall be exempt until an award or final selection is made.

(i) Valuable formulae, computer geographic systems, designs, drawings, and research data obtained or produced by any public body when disclosure could reasonably be expected to produce private gain or public loss. The exemption for "computer geographic systems" provided in this paragraph (i) does not extend to requests made by news media as defined in Section 2 of this Act when the requested information is not otherwise exempt and the only purpose of the request is to access and disseminate information regarding the health, safety, welfare, or legal rights of the general public.

(j) The following information pertaining to educational matters:

(i) test questions, scoring keys, and other examination data used to administer an academic examination;

(ii) information received by a primary or secondary school, college, or university under its procedures for the evaluation of faculty members by their academic peers;

(iii) information concerning a school or university's adjudication of student disciplinary cases, but only to the extent that disclosure would unavoidably reveal the identity of the student; and

(iv) course materials or research materials used by faculty members.

(k) Architects' plans, engineers' technical submissions, and other construction related technical documents for projects not constructed or developed in whole or in part with public funds and the same for projects constructed or developed with public funds, including, but not limited to, power generating and distribution stations and other transmission and distribution facilities, water treatment facilities, airport facilities, sport stadiums, convention centers, and all government owned, operated, or occupied buildings, but only to the extent that disclosure would compromise security.

(l) Minutes of meetings of public bodies closed to the public as provided in the Open Meetings Act until the public body makes the minutes available to the public under Section 2.06 of the Open Meetings Act.

(m) Communications between a public body and an attorney or auditor representing the public body that would not be subject to discovery in litigation, and materials prepared or compiled by or for a public body in anticipation of a criminal, civil, or administrative proceeding upon the request of an attorney advising the public body, and materials prepared or compiled with respect to internal audits of public bodies.

(n) Records relating to a public body's adjudication of employee grievances or disciplinary cases; however, this exemption shall not extend to the final outcome of cases in which discipline is imposed.

(o) Administrative or technical information associated with automated data processing operations, including, but not limited to, software, operating protocols, computer program abstracts, file layouts, source listings, object modules, load modules, user guides, documentation pertaining to all logical and physical design of computerized systems, employee manuals, and any other information that, if disclosed, would jeopardize the security of the system or its data or the security of materials exempt under this Section.

(p) Records relating to collective negotiating matters between public bodies and their employees or representatives, except that any final contract or agreement shall be subject to inspection and copying.

(q) Test questions, scoring keys, and other examination data used to determine the qualifications of an applicant for a license or employment.

(r) The records, documents, and information relating to real estate purchase negotiations until those negotiations have been completed or otherwise terminated. With regard to a parcel involved in a pending or actually and reasonably contemplated eminent domain proceeding under the Eminent Domain Act, records, documents, and information relating to that parcel shall be exempt except as may be allowed under discovery rules adopted by the Illinois Supreme Court. The records, documents, and information relating to a real estate sale shall be exempt until a sale is consummated.

(s) Any and all proprietary information and records related to the operation of an intergovernmental risk management association or self-insurance pool or jointly self-administered health and accident cooperative or pool. Insurance or self-insurance (including any intergovernmental risk management association or self-insurance pool) claims, loss or risk management information, records, data, advice, or communications.

(t) Information contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of a public body responsible for the regulation or supervision of financial institutions, insurance companies, or pharmacy benefit managers, unless disclosure is otherwise required by State law.

(u) Information that would disclose or might lead to the disclosure of secret or confidential information, codes, algorithms, programs, or private keys intended to be used to create electronic signatures under the Uniform Electronic Transactions Act.

(v) Vulnerability assessments, security measures, and response policies or plans that are designed to identify, prevent, or respond to potential attacks upon a community's population or systems, facilities, or installations, but only to the extent that disclosure could reasonably be expected to expose the vulnerability or jeopardize the effectiveness of the measures, policies, or plans, or the safety of the personnel who implement them or the public. Information exempt under this item may include such things as details pertaining to the mobilization or deployment of personnel or equipment, to the operation of communication systems or protocols, to cybersecurity vulnerabilities, or to tactical operations.

(w) (Blank).

(x) Maps and other records regarding the location or security of generation, transmission, distribution, storage, gathering, treatment, or switching facilities owned by a utility, by a power generator, or by the Illinois Power Agency.

(y) Information contained in or related to proposals, bids, or negotiations related to electric power procurement under Section 1-75 of the Illinois Power Agency Act and Section 16-111.5 of the Public Utilities Act that is determined to be confidential and proprietary by the Illinois Power Agency or by the Illinois Commerce Commission.

(z) Information about students exempted from disclosure under Section 10-20.38 or 34-18.29 of the School Code, and information about undergraduate students enrolled at an institution of higher education exempted from disclosure under Section 25 of the Illinois Credit Card Marketing Act of 2009.

(aa) Information the disclosure of which is exempted under the Viatical Settlements Act of 2009.

(bb) Records and information provided to a mortality review team and records maintained by a mortality review team appointed under the Department of Juvenile Justice Mortality Review Team Act.

(cc) Information regarding interments, entombments, or inurnments of human remains that are submitted to the Cemetery Oversight Database under the Cemetery Care Act or the Cemetery Oversight Act, whichever is applicable.

(dd) Correspondence and records (i) that may not be disclosed under Section 11-9 of the Illinois Public Aid Code or (ii) that pertain to appeals under Section 11-8 of the Illinois Public Aid Code.

(ee) The names, addresses, or other personal information of persons who are minors and are also participants and registrants in programs of park districts, forest preserve districts, conservation districts, recreation agencies, and special recreation associations.

(ff) The names, addresses, or other personal information of participants and registrants in programs of park districts, forest preserve districts, conservation districts, recreation agencies, and special recreation associations where such programs are targeted primarily to minors.

(gg) Confidential information described in Section 1-100 of the Illinois Independent Tax Tribunal Act of 2012.

(hh) The report submitted to the State Board of Education by the School Security and Standards Task Force under item (8) of subsection (d) of Section 2-3.160 of the School Code and any information contained in that report.

(ii) Records requested by persons committed to or detained by the Department of Human Services under the Sexually Violent Persons Commitment Act or committed to the Department of Corrections under the Sexually Dangerous Persons Act if those materials: (i) are available in the library of the facility where the individual is confined; (ii) include records from staff members' personnel files, staff rosters, or other staffing assignment information; or (iii) are available through an administrative request to the Department of Human Services or the Department of Corrections.

(jj) Confidential information described in Section 5-535 of the Civil Administrative Code of Illinois.

(kk) The public body's credit card numbers, debit card numbers, bank account numbers, Federal Employer Identification Number, security code numbers, passwords, and similar account information, the disclosure of which could result in identity theft or impression or defrauding of a governmental entity or a person.

(ll) Records concerning the work of the threat assessment team of a school district, including, but not limited to, any threat assessment procedure under the School Safety Drill Act and any information contained in the procedure.

(mm) Information prohibited from being disclosed under subsections (a) and (b) of Section 15 of the Student Confidential Reporting Act.

(nn) Proprietary information submitted to the Environmental Protection Agency under the Drug Take-Back Act.

(oo) Records described in subsection (f) of Section 3-5-1 of the Unified Code of Corrections.

(pp) Any and all information regarding burials, interments, or entombments of human remains as required to be reported to the Department of Natural Resources pursuant either to the Archaeological and Paleontological Resources Protection Act or the Human Remains Protection Act.

(qq) Reports described in subsection (e) of Section 16-15 of the Abortion Care Clinical Training Program Act.

(rr) Information obtained by a certified local health department under the Access to Public Health Data Act.

(ss) For a request directed to a public body that is also a HIPAA-covered entity, all information that is protected health information, including demographic information, that may be contained within or extracted from any record held by the public body in compliance with State and federal medical privacy laws and regulations, including, but not limited to, the Health Insurance Portability and Accountability Act and its regulations, 45 CFR Parts 160 and 164. As used in this paragraph, "HIPAA-covered entity" has the meaning given to the term "covered entity" in 45 CFR 160.103 and "protected health information" has the meaning given to that term in 45 CFR 160.103.

(tt) Proposals or bids submitted by engineering consultants in response to requests for proposal or other competitive bidding requests by the Department of Transportation or the Illinois Toll Highway Authority.

(uu) Correspondence and records that may not be disclosed under Section 265 of the Healing Opportunities through Psilocybin Equity Pilot Program Act.

(1.5) Any information exempt from disclosure under the Judicial Privacy Act shall be redacted from public records prior to disclosure under this Act.

(2) A public record that is not in the possession of a public body but is in the possession of a party with whom the agency has contracted to perform a governmental function on behalf of the public body, and that directly relates to the governmental function and is not otherwise exempt under this Act, shall be considered a public record of the public body, for purposes of this Act.

(3) This Section does not authorize withholding of information or limit the availability of records to the public, except as stated in this Section or otherwise provided in this Act.

(Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23; 103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff. 8-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; 103-605, eff. 7-1-24; 103-865, eff. 1-1-25.)

Section 905. The State Finance Act is amended by adding Sections 5.1030 and 5.1031 as follows:

(30 ILCS 105/5.1030 new)

Sec. 5.1030. The Psilocybin Control and Regulation Fund.

(30 ILCS 105/5.1031 new)

Sec. 5.1031. The Illinois Psilocybin Fund.

Section 910. The Illinois Independent Tax Tribunal Act of 2012 is amended by changing Section 1-45 as follows:

(35 ILCS 1010/1-45)

Sec. 1-45. Jurisdiction of the Tax Tribunal.

(a) Except as provided by the Constitution of the United States, the Constitution of the State of Illinois, or any statutes of this State, including, but not limited to, the State Officers and Employees Money Disposition Act, the Tax Tribunal shall have original jurisdiction over all determinations of the Department reflected on a Notice of Deficiency, Notice of Tax Liability, Notice of Claim Denial, or Notice of Penalty Liability issued under the Illinois Income Tax Act, the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, the Retailers' Occupation Tax Act, the Cigarette Tax Act, the Cigarette Use Tax Act, the Tobacco Products Tax Act of 1995, the Hotel Operators' Occupation Tax Act, the Motor Fuel Tax Law, the Automobile Renting Occupation and Use Tax Act, the Coin-Operated Amusement Device and Redemption Machine Tax Act, the Gas Revenue Tax Act, the Water Company Invested Capital Tax Act, the Telecommunications Excise Tax Act, the Telecommunications Infrastructure Maintenance Fee Act, the Public Utilities Revenue Act, the Electricity Excise Tax Law, the Aircraft Use Tax Law, the Watercraft Use Tax Law, the Gas Use Tax Law, or the Uniform Penalty and Interest Act, or the Healing Opportunities through Psilocybin Equity Pilot Program Act. Jurisdiction of the Tax Tribunal is limited to Notices of Tax Liability, Notices of Deficiency, Notices of Claim Denial, and Notices of Penalty Liability where the amount at issue in a notice, or the aggregate amount at issue in multiple notices issued for the same tax year or audit period, exceeds $15,000, exclusive of penalties and interest. In notices solely asserting either an interest or penalty assessment, or both, the Tax Tribunal shall have jurisdiction over cases where the combined total of all penalties or interest assessed exceeds $15,000.

(b) Except as otherwise permitted by this Act and by the Constitution of the State of Illinois or otherwise by State law, including, but not limited to, the State Officers and Employees Money Disposition Act, no person shall contest any matter within the jurisdiction of the Tax Tribunal in any action, suit, or proceeding in the circuit court or any other court of the State. If a person attempts to do so, then such action, suit, or proceeding shall be dismissed without prejudice. The improper commencement of any action, suit, or proceeding does not extend the time period for commencing a proceeding in the Tax Tribunal.

(c) The Tax Tribunal may require the taxpayer to post a bond equal to 25% of the liability at issue (1) upon motion of the Department and a showing that (A) the taxpayer's action is frivolous or legally insufficient or (B) the taxpayer is acting primarily for the purpose of delaying the collection of tax or prejudicing the ability ultimately to collect the tax, or (2) if, at any time during the proceedings, it is determined by the Tax Tribunal that the taxpayer is not pursuing the resolution of the case with due diligence. If the Tax Tribunal finds in a particular case that the taxpayer cannot procure and furnish a satisfactory surety or sureties for the kind of bond required herein, the Tax Tribunal may relieve the taxpayer of the obligation of filing such bond, if, upon the timely application for a lien in lieu thereof and accompanying proof therein submitted, the Tax Tribunal is satisfied that any such lien imposed would operate to secure the assessment in the manner and to the degree as would a bond. The Tax Tribunal shall adopt rules for the procedures to be used in securing a bond or lien under this Section.

(d) If, with or after the filing of a timely petition, the taxpayer pays all or part of the tax or other amount in issue before the Tax Tribunal has rendered a decision, the Tax Tribunal shall treat the taxpayer's petition as a protest of a denial of claim for refund of the amount so paid upon a written motion filed by the taxpayer.

(e) The Tax Tribunal shall not have jurisdiction to review:

(1) any assessment made under the Property Tax Code;

(2) any decisions relating to the issuance or denial of an exemption ruling for any entity claiming exemption from any tax imposed under the Property Tax Code or any State tax administered by the Department;

(3) a notice of proposed tax liability, notice of proposed deficiency, or any other notice of proposed assessment or notice of intent to take some action;

(4) any action or determination of the Department regarding tax liabilities that have become finalized by law, including but not limited to the issuance of liens, levies, and revocations, suspensions, or denials of licenses or certificates of registration or any other collection activities;

(5) any proceedings of the Department's informal administrative appeals function; and

(6) any challenge to an administrative subpoena issued by the Department.

(f) The Tax Tribunal shall decide questions regarding the constitutionality of statutes and rules adopted by the Department as applied to the taxpayer, but shall not have the power to declare a statute or rule unconstitutional or otherwise invalid on its face. A taxpayer challenging the constitutionality of a statute or rule on its face may present such challenge to the Tax Tribunal for the sole purpose of making a record for review by the Illinois Appellate Court. Failure to raise a constitutional issue regarding the application of a statute or regulations to the taxpayer shall not preclude the taxpayer or the Department from raising those issues at the appellate court level.

(Source: P.A. 97-1129, eff. 8-28-12; 98-463, eff. 8-16-13.)

Section 914. The Illinois Vehicle Code is amended by changing Section 11-501 as follows:

(625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)

Sec. 11-501. Driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof.

(a) A person shall not drive or be in actual physical control of any vehicle within this State while:

(1) the alcohol concentration in the person's blood, other bodily substance, or breath is 0.08 or more based on the definition of blood and breath units in Section 11-501.2;

(2) under the influence of alcohol;

(3) under the influence of any intoxicating compound or combination of intoxicating compounds to a degree that renders the person incapable of driving safely;

(4) under the influence of any other drug or combination of drugs to a degree that renders the person incapable of safely driving;

(5) under the combined influence of alcohol, other drug or drugs, or intoxicating compound or compounds to a degree that renders the person incapable of safely driving;

(6) there is any amount of a drug, substance, or compound in the person's breath, blood, other bodily substance, or urine resulting from the unlawful use or consumption of a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, or psilocybin or psilocin as defined in the Healing Opportunities through Psilocybin Equity Pilot Program Act; or

(7) the person has, within 2 hours of driving or being in actual physical control of a vehicle, a tetrahydrocannabinol concentration in the person's whole blood or other bodily substance as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code. Subject to all other requirements and provisions under this Section, this paragraph (7) does not apply to the lawful consumption of cannabis by a qualifying patient licensed under the Compassionate Use of Medical Cannabis Program Act who is in possession of a valid registry card issued under that Act, unless that person is impaired by the use of cannabis.

(b) The fact that any person charged with violating this Section is or has been legally entitled to use alcohol, cannabis under the Compassionate Use of Medical Cannabis Program Act, other drug or drugs, or intoxicating compound or compounds, or any combination thereof, shall not constitute a defense against any charge of violating this Section.

(c) Penalties.

(1) Except as otherwise provided in this Section, any person convicted of violating subsection (a) of this Section is guilty of a Class A misdemeanor.

(2) A person who violates subsection (a) or a similar provision a second time shall be sentenced to a mandatory minimum term of either 5 days of imprisonment or 240 hours of community service in addition to any other criminal or administrative sanction.

(3) A person who violates subsection (a) is subject to 6 months of imprisonment, an additional mandatory minimum fine of $1,000, and 25 days of community service in a program benefiting children if the person was transporting a person under the age of 16 at the time of the violation.

(4) A person who violates subsection (a) a first time, if the alcohol concentration in his or her blood, breath, other bodily substance, or urine was 0.16 or more based on the definition of blood, breath, other bodily substance, or urine units in Section 11-501.2, shall be subject, in addition to any other penalty that may be imposed, to a mandatory minimum of 100 hours of community service and a mandatory minimum fine of $500.

(5) A person who violates subsection (a) a second time, if at the time of the second violation the alcohol concentration in his or her blood, breath, other bodily substance, or urine was 0.16 or more based on the definition of blood, breath, other bodily substance, or urine units in Section 11-501.2, shall be subject, in addition to any other penalty that may be imposed, to a mandatory minimum of 2 days of imprisonment and a mandatory minimum fine of $1,250.

(d) Aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof.

(1) Every person convicted of committing a violation of this Section shall be guilty of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof if:

(A) the person committed a violation of subsection (a) or a similar provision for the third or subsequent time;

(B) the person committed a violation of subsection (a) while driving a school bus with one or more passengers on board;

(C) the person in committing a violation of subsection (a) was involved in a motor vehicle crash that resulted in great bodily harm or permanent disability or disfigurement to another, when the violation was a proximate cause of the injuries;

(D) the person committed a violation of subsection (a) and has been previously convicted of violating Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 or a similar provision of a law of another state relating to reckless homicide in which the person was determined to have been under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds as an element of the offense or the person has previously been convicted under subparagraph (C) or subparagraph (F) of this paragraph (1);

(E) the person, in committing a violation of subsection (a) while driving at any speed in a school speed zone at a time when a speed limit of 20 miles per hour was in effect under subsection (a) of Section 11-605 of this Code, was involved in a motor vehicle crash that resulted in bodily harm, other than great bodily harm or permanent disability or disfigurement, to another person, when the violation of subsection (a) was a proximate cause of the bodily harm;

(F) the person, in committing a violation of subsection (a), was involved in a motor vehicle crash or snowmobile, all-terrain vehicle, or watercraft accident that resulted in the death of another person, when the violation of subsection (a) was a proximate cause of the death;

(G) the person committed a violation of subsection (a) during a period in which the defendant's driving privileges are revoked or suspended, where the revocation or suspension was for a violation of subsection (a) or a similar provision, Section 11-501.1, paragraph (b) of Section 11-401, or for reckless homicide as defined in Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012;

(H) the person committed the violation while he or she did not possess a driver's license or permit or a restricted driving permit or a judicial driving permit or a monitoring device driving permit;

(I) the person committed the violation while he or she knew or should have known that the vehicle he or she was driving was not covered by a liability insurance policy;

(J) the person in committing a violation of subsection (a) was involved in a motor vehicle crash that resulted in bodily harm, but not great bodily harm, to the child under the age of 16 being transported by the person, if the violation was the proximate cause of the injury;

(K) the person in committing a second violation of subsection (a) or a similar provision was transporting a person under the age of 16; or

(L) the person committed a violation of subsection (a) of this Section while transporting one or more passengers in a vehicle for-hire.

(2)(A) Except as provided otherwise, a person convicted of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof is guilty of a Class 4 felony.

(B) A third violation of this Section or a similar provision is a Class 2 felony. If at the time of the third violation the alcohol concentration in his or her blood, breath, other bodily substance, or urine was 0.16 or more based on the definition of blood, breath, other bodily substance, or urine units in Section 11-501.2, a mandatory minimum of 90 days of imprisonment and a mandatory minimum fine of $2,500 shall be imposed in addition to any other criminal or administrative sanction. If at the time of the third violation, the defendant was transporting a person under the age of 16, a mandatory fine of $25,000 and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.

(C) A fourth violation of this Section or a similar provision is a Class 2 felony, for which a sentence of probation or conditional discharge may not be imposed. If at the time of the violation, the alcohol concentration in the defendant's blood, breath, other bodily substance, or urine was 0.16 or more based on the definition of blood, breath, other bodily substance, or urine units in Section 11-501.2, a mandatory minimum fine of $5,000 shall be imposed in addition to any other criminal or administrative sanction. If at the time of the fourth violation, the defendant was transporting a person under the age of 16 a mandatory fine of $25,000 and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.

(D) A fifth violation of this Section or a similar provision is a Class 1 felony, for which a sentence of probation or conditional discharge may not be imposed. If at the time of the violation, the alcohol concentration in the defendant's blood, breath, other bodily substance, or urine was 0.16 or more based on the definition of blood, breath, other bodily substance, or urine units in Section 11-501.2, a mandatory minimum fine of $5,000 shall be imposed in addition to any other criminal or administrative sanction. If at the time of the fifth violation, the defendant was transporting a person under the age of 16, a mandatory fine of $25,000, and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.

(E) A sixth or subsequent violation of this Section or similar provision is a Class X felony. If at the time of the violation, the alcohol concentration in the defendant's blood, breath, other bodily substance, or urine was 0.16 or more based on the definition of blood, breath, other bodily substance, or urine units in Section 11-501.2, a mandatory minimum fine of $5,000 shall be imposed in addition to any other criminal or administrative sanction. If at the time of the violation, the defendant was transporting a person under the age of 16, a mandatory fine of $25,000 and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.

(F) For a violation of subparagraph (C) of paragraph (1) of this subsection (d), the defendant, if sentenced to a term of imprisonment, shall be sentenced to not less than one year nor more than 12 years.

(G) A violation of subparagraph (F) of paragraph (1) of this subsection (d) is a Class 2 felony, for which the defendant, unless the court determines that extraordinary circumstances exist and require probation, shall be sentenced to: (i) a term of imprisonment of not less than 3 years and not more than 14 years if the violation resulted in the death of one person; or (ii) a term of imprisonment of not less than 6 years and not more than 28 years if the violation resulted in the deaths of 2 or more persons.

(H) For a violation of subparagraph (J) of paragraph (1) of this subsection (d), a mandatory fine of $2,500, and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.

(I) A violation of subparagraph (K) of paragraph (1) of this subsection (d), is a Class 2 felony and a mandatory fine of $2,500, and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction. If the child being transported suffered bodily harm, but not great bodily harm, in a motor vehicle crash, and the violation was the proximate cause of that injury, a mandatory fine of $5,000 and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.

(J) A violation of subparagraph (D) of paragraph (1) of this subsection (d) is a Class 3 felony, for which a sentence of probation or conditional discharge may not be imposed.

(3) Any person sentenced under this subsection (d) who receives a term of probation or conditional discharge must serve a minimum term of either 480 hours of community service or 10 days of imprisonment as a condition of the probation or conditional discharge in addition to any other criminal or administrative sanction.

(e) Any reference to a prior violation of subsection (a) or a similar provision includes any violation of a provision of a local ordinance or a provision of a law of another state or an offense committed on a military installation that is similar to a violation of subsection (a) of this Section.

(f) The imposition of a mandatory term of imprisonment or assignment of community service for a violation of this Section shall not be suspended or reduced by the court.

(g) Any penalty imposed for driving with a license that has been revoked for a previous violation of subsection (a) of this Section shall be in addition to the penalty imposed for any subsequent violation of subsection (a).

(h) For any prosecution under this Section, a certified copy of the driving abstract of the defendant shall be admitted as proof of any prior conviction.

(Source: P.A. 101-363, eff. 8-9-19; 102-982, eff. 7-1-23.)

Section 950. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 999. Effective date. This Act takes effect upon becoming law.