Full Text of SB1559 103rd General Assembly
SB1559ham003 103RD GENERAL ASSEMBLY | Rep. La Shawn K. Ford Filed: 5/24/2023
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| 1 | | AMENDMENT TO SENATE BILL 1559
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1559, AS AMENDED, | 3 | | with reference to page and line numbers of House Amendment No. | 4 | | 1, as follows:
| 5 | | on page 53, line 1, by replacing " of " with " in close proximity | 6 | | to "; and | 7 | | on page 53, by replacing lines 9 through 11 with the following: | 8 | | " Section 15-85. For purposes of this paragraph: | 9 | | "Drive-through window in close
proximity" means an | 10 | | area contiguous to the restricted access area. | 11 | | "Pickup-location in close
proximity" means an area | 12 | | contiguous to the real property
of the dispensary, such as | 13 | | a sidewalk or parking lot; "; and | 14 | | on page 147, line 2, by replacing " 2 " with " 3 "; and |
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| 1 | | on page 147, line 15, by replacing "Section 40-5" with | 2 | | "Sections 5-45 and 40-5"; and | 3 | | on page 147, immediately below line 15, by inserting the | 4 | | following: | 5 | | "(410 ILCS 705/5-45)
| 6 | | Sec. 5-45. Illinois Cannabis Regulation Oversight Officer. | 7 | | (a) The position of Illinois Cannabis Regulation Oversight | 8 | | Officer is created within the Department of Financial and | 9 | | Professional Regulation under the Secretary of Financial and | 10 | | Professional Regulation. The Cannabis Regulation Oversight | 11 | | Officer serves a coordinating role among State agencies | 12 | | regarding this Act and the Compassionate Use of Medical | 13 | | Cannabis Program Act. The Illinois Cannabis Regulation | 14 | | Oversight Officer shall be appointed by the Governor with the | 15 | | advice and consent of the Senate. The term of office of the | 16 | | Officer shall expire on the third Monday of January in | 17 | | odd-numbered years provided that he or she shall hold office | 18 | | until a successor is appointed and qualified. In case of | 19 | | vacancy in office during the recess of the Senate, the | 20 | | Governor shall make a temporary appointment until the next | 21 | | meeting of the Senate, when the Governor shall nominate some | 22 | | person to fill the office, and any person so nominated who is | 23 | | confirmed by the Senate shall hold office during the remainder | 24 | | of the term and until his or her successor is appointed and |
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| 1 | | qualified. | 2 | | (b) The Illinois Cannabis Regulation Oversight Officer has | 3 | | the authority to: | 4 | | (1) maintain a staff; | 5 | | (2) make recommendations for administrative and | 6 | | statutory changes; | 7 | | (3) collect data both in Illinois and outside Illinois | 8 | | regarding the regulation of cannabis; | 9 | | (4) compile or assist in the compilation of any | 10 | | reports required by this Act; | 11 | | (5) ensure the coordination of efforts between various | 12 | | State agencies involved in regulating and taxing the sale | 13 | | of cannabis in Illinois; and | 14 | | (6) encourage, promote, suggest, and report best | 15 | | practices for ensuring diversity in the cannabis industry | 16 | | in Illinois. | 17 | | (c) The Illinois Cannabis Regulation Oversight Officer and | 18 | | the Officer's staff shall not: | 19 | | (1) participate in the issuance or award of any | 20 | | cannabis business establishment license; or | 21 | | (2) participate in discipline related to any cannabis | 22 | | business establishment. | 23 | | The Illinois Cannabis Regulation Officer is not prohibited | 24 | | from coordinating with and making recommendations to agencies | 25 | | regarding licensing and disciplinary policies and procedures. | 26 | | (d) Any funding required for the Illinois Cannabis |
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| 1 | | Regulation Oversight Officer, its staff, or its activities | 2 | | shall be drawn from the Cannabis Regulation Fund. | 3 | | (e) The Illinois Cannabis Regulation Oversight Officer | 4 | | shall commission and publish one or more disparity and | 5 | | availability studies that: (1) evaluates whether there exists | 6 | | discrimination in the State's cannabis industry; and (2) if | 7 | | so, evaluates the impact of such discrimination on the State | 8 | | and includes recommendations to the Department of Financial | 9 | | and Professional Regulation and the Department of Agriculture | 10 | | for reducing or eliminating any identified barriers to entry | 11 | | in the cannabis market. Such disparity and availability | 12 | | studies shall examine each license type issued pursuant to | 13 | | Sections 15-25, 15-30.1, or 15-35.20, subsection (a) of | 14 | | Section 30-5, or subsection (a) of Section 35-5, and shall be | 15 | | initiated within 180 days from the issuance of the first of | 16 | | each license authorized by those Sections and completed by | 17 | | January 31, 2024 . The results of each disparity and | 18 | | availability study shall be reported to the General Assembly | 19 | | and the Governor no later than 12 months after the commission | 20 | | of each study. | 21 | | The Illinois Cannabis Regulation Oversight Officer shall | 22 | | forward a copy of its findings and recommendations to the | 23 | | Department of Financial and Professional Regulation, the | 24 | | Department of Agriculture, the Department of Commerce and | 25 | | Economic Opportunity, the General Assembly, and the Governor. | 26 | | (f) The Illinois Cannabis Regulation Oversight Officer may |
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| 1 | | compile, collect, or otherwise gather data necessary for the | 2 | | administration of this Act and to carry out the Officer's duty | 3 | | relating to the recommendation of policy changes. The Illinois | 4 | | Cannabis Regulation Oversight Officer may direct the | 5 | | Department of Agriculture, Department of Financial and | 6 | | Professional Regulation, Department of Public Health, | 7 | | Department of Human Services, and Department of Commerce and | 8 | | Economic Opportunity to assist in the compilation, collection, | 9 | | and data gathering authorized pursuant to this subsection. The | 10 | | Illinois Cannabis Regulation Oversight Officer shall compile | 11 | | all of the data into a single report and submit the report to | 12 | | the Governor and the General Assembly and publish the report | 13 | | on its website.
| 14 | | (Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21.)"; | 15 | | and | 16 | | on page 148, by replacing lines 1 through 6 with "15, 2020. The | 17 | | Department of Agriculture shall make available
such | 18 | | applications on every January 7 thereafter or if that
date | 19 | | falls on a weekend or holiday, the business day
immediately | 20 | | succeeding the weekend or holiday and shall
receive such | 21 | | applications no later than March 15 or the
succeeding business | 22 | | day thereafter. "; and | 23 | | on page 148, immediately below line 10, by inserting the | 24 | | following: |
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| 1 | | " (d) Upon completion of the disparity and availability | 2 | | study published by the Illinois Cannabis Regulation Oversight | 3 | | Officer under subsection (e) of Section 5-45, the Department | 4 | | of Agriculture may modify or change the licensing application | 5 | | process to reduce or eliminate barriers and remedy | 6 | | discrimination identified in the study. Beginning January 1, | 7 | | 2026, the Department of Agriculture shall make the | 8 | | applications available on every January 7 thereafter or, if | 9 | | that date falls on a weekend or holiday, the business day | 10 | | immediately succeeding the weekend or holiday and shall | 11 | | receive the applications no later than March 15 or the | 12 | | succeeding business day thereafter. ".
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