SB2023 EnrolledLRB101 09588 JRG 54686 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Procurement Code is amended by
5changing Section 1-10 as follows:
 
6    (30 ILCS 500/1-10)
7    Sec. 1-10. Application.
8    (a) This Code applies only to procurements for which
9bidders, offerors, potential contractors, or contractors were
10first solicited on or after July 1, 1998. This Code shall not
11be construed to affect or impair any contract, or any provision
12of a contract, entered into based on a solicitation prior to
13the implementation date of this Code as described in Article
1499, including but not limited to any covenant entered into with
15respect to any revenue bonds or similar instruments. All
16procurements for which contracts are solicited between the
17effective date of Articles 50 and 99 and July 1, 1998 shall be
18substantially in accordance with this Code and its intent.
19    (b) This Code shall apply regardless of the source of the
20funds with which the contracts are paid, including federal
21assistance moneys. This Code shall not apply to:
22        (1) Contracts between the State and its political
23    subdivisions or other governments, or between State

 

 

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1    governmental bodies, except as specifically provided in
2    this Code.
3        (2) Grants, except for the filing requirements of
4    Section 20-80.
5        (3) Purchase of care, except as provided in Section
6    5-30.6 of the Illinois Public Aid Code and this Section.
7        (4) Hiring of an individual as employee and not as an
8    independent contractor, whether pursuant to an employment
9    code or policy or by contract directly with that
10    individual.
11        (5) Collective bargaining contracts.
12        (6) Purchase of real estate, except that notice of this
13    type of contract with a value of more than $25,000 must be
14    published in the Procurement Bulletin within 10 calendar
15    days after the deed is recorded in the county of
16    jurisdiction. The notice shall identify the real estate
17    purchased, the names of all parties to the contract, the
18    value of the contract, and the effective date of the
19    contract.
20        (7) Contracts necessary to prepare for anticipated
21    litigation, enforcement actions, or investigations,
22    provided that the chief legal counsel to the Governor shall
23    give his or her prior approval when the procuring agency is
24    one subject to the jurisdiction of the Governor, and
25    provided that the chief legal counsel of any other
26    procuring entity subject to this Code shall give his or her

 

 

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

 

 

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1    subsection (d) of Section 5-4-3a of the Unified Code of
2    Corrections, except for the requirements of Sections
3    20-60, 20-65, 20-70, and 20-160 and Article 50 of this
4    Code; however, the Chief Procurement Officer may, in
5    writing with justification, waive any certification
6    required under Article 50 of this Code. For any contracts
7    for services which are currently provided by members of a
8    collective bargaining agreement, the applicable terms of
9    the collective bargaining agreement concerning
10    subcontracting shall be followed.
11        On and after January 1, 2019, this paragraph (13),
12    except for this sentence, is inoperative.
13        (14) Contracts for participation expenditures required
14    by a domestic or international trade show or exhibition of
15    an exhibitor, member, or sponsor.
16        (15) Contracts with a railroad or utility that requires
17    the State to reimburse the railroad or utilities for the
18    relocation of utilities for construction or other public
19    purpose. Contracts included within this paragraph (15)
20    shall include, but not be limited to, those associated
21    with: relocations, crossings, installations, and
22    maintenance. For the purposes of this paragraph (15),
23    "railroad" means any form of non-highway ground
24    transportation that runs on rails or electromagnetic
25    guideways and "utility" means: (1) public utilities as
26    defined in Section 3-105 of the Public Utilities Act, (2)

 

 

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1    telecommunications carriers as defined in Section 13-202
2    of the Public Utilities Act, (3) electric cooperatives as
3    defined in Section 3.4 of the Electric Supplier Act, (4)
4    telephone or telecommunications cooperatives as defined in
5    Section 13-212 of the Public Utilities Act, (5) rural water
6    or waste water systems with 10,000 connections or less, (6)
7    a holder as defined in Section 21-201 of the Public
8    Utilities Act, and (7) municipalities owning or operating
9    utility systems consisting of public utilities as that term
10    is defined in Section 11-117-2 of the Illinois Municipal
11    Code.
12        (16) Procurement expenditures necessary for the
13    Department of Public Health to provide the delivery of
14    timely newborn screening services in accordance with the
15    Newborn Metabolic Screening Act.
16        (17) (16) Procurement expenditures necessary for the
17    Department of Agriculture, the Department of Financial and
18    Professional Regulation, the Department of Human Services,
19    and the Department of Public Health to implement the
20    Compassionate Use of Medical Cannabis Pilot Program and
21    Opioid Alternative Pilot Program requirements and ensure
22    access to medical cannabis for patients with debilitating
23    medical conditions in accordance with the Compassionate
24    Use of Medical Cannabis Pilot Program Act.
25    Notwithstanding any other provision of law, for contracts
26entered into on or after October 1, 2017 under an exemption

 

 

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1provided in any paragraph of this subsection (b), except
2paragraph (1), (2), or (5), each State agency shall post to the
3appropriate procurement bulletin the name of the contractor, a
4description of the supply or service provided, the total amount
5of the contract, the term of the contract, and the exception to
6the Code utilized. The chief procurement officer shall submit a
7report to the Governor and General Assembly no later than
8November 1 of each year that shall include, at a minimum, an
9annual summary of the monthly information reported to the chief
10procurement officer.
11    (c) This Code does not apply to the electric power
12procurement process provided for under Section 1-75 of the
13Illinois Power Agency Act and Section 16-111.5 of the Public
14Utilities Act.
15    (d) Except for Section 20-160 and Article 50 of this Code,
16and as expressly required by Section 9.1 of the Illinois
17Lottery Law, the provisions of this Code do not apply to the
18procurement process provided for under Section 9.1 of the
19Illinois Lottery Law.
20    (e) This Code does not apply to the process used by the
21Capital Development Board to retain a person or entity to
22assist the Capital Development Board with its duties related to
23the determination of costs of a clean coal SNG brownfield
24facility, as defined by Section 1-10 of the Illinois Power
25Agency Act, as required in subsection (h-3) of Section 9-220 of
26the Public Utilities Act, including calculating the range of

 

 

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1capital costs, the range of operating and maintenance costs, or
2the sequestration costs or monitoring the construction of clean
3coal SNG brownfield facility for the full duration of
4construction.
5    (f) (Blank).
6    (g) (Blank).
7    (h) This Code does not apply to the process to procure or
8contracts entered into in accordance with Sections 11-5.2 and
911-5.3 of the Illinois Public Aid Code.
10    (i) Each chief procurement officer may access records
11necessary to review whether a contract, purchase, or other
12expenditure is or is not subject to the provisions of this
13Code, unless such records would be subject to attorney-client
14privilege.
15    (j) This Code does not apply to the process used by the
16Capital Development Board to retain an artist or work or works
17of art as required in Section 14 of the Capital Development
18Board Act.
19    (k) This Code does not apply to the process to procure
20contracts, or contracts entered into, by the State Board of
21Elections or the State Electoral Board for hearing officers
22appointed pursuant to the Election Code.
23    (l) This Code does not apply to the processes used by the
24Illinois Student Assistance Commission to procure supplies and
25services paid for from the private funds of the Illinois
26Prepaid Tuition Fund. As used in this subsection (l), "private

 

 

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1funds" means funds derived from deposits paid into the Illinois
2Prepaid Tuition Trust Fund and the earnings thereon.
3(Source: P.A. 99-801, eff. 1-1-17; 100-43, eff. 8-9-17;
4100-580, eff. 3-12-18; 100-757, eff. 8-10-18; 100-1114, eff.
58-28-18; revised 10-18-18.)
 
6    Section 10. The Illinois Income Tax Act is amended by
7changing Section 201 as follows:
 
8    (35 ILCS 5/201)  (from Ch. 120, par. 2-201)
9    Sec. 201. Tax imposed.
10    (a) In general. A tax measured by net income is hereby
11imposed on every individual, corporation, trust and estate for
12each taxable year ending after July 31, 1969 on the privilege
13of earning or receiving income in or as a resident of this
14State. Such tax shall be in addition to all other occupation or
15privilege taxes imposed by this State or by any municipal
16corporation or political subdivision thereof.
17    (b) Rates. The tax imposed by subsection (a) of this
18Section shall be determined as follows, except as adjusted by
19subsection (d-1):
20        (1) In the case of an individual, trust or estate, for
21    taxable years ending prior to July 1, 1989, an amount equal
22    to 2 1/2% of the taxpayer's net income for the taxable
23    year.
24        (2) In the case of an individual, trust or estate, for

 

 

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1    taxable years beginning prior to July 1, 1989 and ending
2    after June 30, 1989, an amount equal to the sum of (i) 2
3    1/2% of the taxpayer's net income for the period prior to
4    July 1, 1989, as calculated under Section 202.3, and (ii)
5    3% of the taxpayer's net income for the period after June
6    30, 1989, as calculated under Section 202.3.
7        (3) In the case of an individual, trust or estate, for
8    taxable years beginning after June 30, 1989, and ending
9    prior to January 1, 2011, an amount equal to 3% of the
10    taxpayer's net income for the taxable year.
11        (4) In the case of an individual, trust, or estate, for
12    taxable years beginning prior to January 1, 2011, and
13    ending after December 31, 2010, an amount equal to the sum
14    of (i) 3% of the taxpayer's net income for the period prior
15    to January 1, 2011, as calculated under Section 202.5, and
16    (ii) 5% of the taxpayer's net income for the period after
17    December 31, 2010, as calculated under Section 202.5.
18        (5) In the case of an individual, trust, or estate, for
19    taxable years beginning on or after January 1, 2011, and
20    ending prior to January 1, 2015, an amount equal to 5% of
21    the taxpayer's net income for the taxable year.
22        (5.1) In the case of an individual, trust, or estate,
23    for taxable years beginning prior to January 1, 2015, and
24    ending after December 31, 2014, an amount equal to the sum
25    of (i) 5% of the taxpayer's net income for the period prior
26    to January 1, 2015, as calculated under Section 202.5, and

 

 

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1    (ii) 3.75% of the taxpayer's net income for the period
2    after December 31, 2014, as calculated under Section 202.5.
3        (5.2) In the case of an individual, trust, or estate,
4    for taxable years beginning on or after January 1, 2015,
5    and ending prior to July 1, 2017, an amount equal to 3.75%
6    of the taxpayer's net income for the taxable year.
7        (5.3) In the case of an individual, trust, or estate,
8    for taxable years beginning prior to July 1, 2017, and
9    ending after June 30, 2017, an amount equal to the sum of
10    (i) 3.75% of the taxpayer's net income for the period prior
11    to July 1, 2017, as calculated under Section 202.5, and
12    (ii) 4.95% of the taxpayer's net income for the period
13    after June 30, 2017, as calculated under Section 202.5.
14        (5.4) In the case of an individual, trust, or estate,
15    for taxable years beginning on or after July 1, 2017, an
16    amount equal to 4.95% of the taxpayer's net income for the
17    taxable year.
18        (6) In the case of a corporation, for taxable years
19    ending prior to July 1, 1989, an amount equal to 4% of the
20    taxpayer's net income for the taxable year.
21        (7) In the case of a corporation, for taxable years
22    beginning prior to July 1, 1989 and ending after June 30,
23    1989, an amount equal to the sum of (i) 4% of the
24    taxpayer's net income for the period prior to July 1, 1989,
25    as calculated under Section 202.3, and (ii) 4.8% of the
26    taxpayer's net income for the period after June 30, 1989,

 

 

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1    as calculated under Section 202.3.
2        (8) In the case of a corporation, for taxable years
3    beginning after June 30, 1989, and ending prior to January
4    1, 2011, an amount equal to 4.8% of the taxpayer's net
5    income for the taxable year.
6        (9) In the case of a corporation, for taxable years
7    beginning prior to January 1, 2011, and ending after
8    December 31, 2010, an amount equal to the sum of (i) 4.8%
9    of the taxpayer's net income for the period prior to
10    January 1, 2011, as calculated under Section 202.5, and
11    (ii) 7% of the taxpayer's net income for the period after
12    December 31, 2010, as calculated under Section 202.5.
13        (10) In the case of a corporation, for taxable years
14    beginning on or after January 1, 2011, and ending prior to
15    January 1, 2015, an amount equal to 7% of the taxpayer's
16    net income for the taxable year.
17        (11) In the case of a corporation, for taxable years
18    beginning prior to January 1, 2015, and ending after
19    December 31, 2014, an amount equal to the sum of (i) 7% of
20    the taxpayer's net income for the period prior to January
21    1, 2015, as calculated under Section 202.5, and (ii) 5.25%
22    of the taxpayer's net income for the period after December
23    31, 2014, as calculated under Section 202.5.
24        (12) In the case of a corporation, for taxable years
25    beginning on or after January 1, 2015, and ending prior to
26    July 1, 2017, an amount equal to 5.25% of the taxpayer's

 

 

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

 

 

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1    (d) Additional Personal Property Tax Replacement Income
2Tax Rates. The personal property tax replacement income tax
3imposed by this subsection and subsection (c) of this Section
4in the case of a corporation, other than a Subchapter S
5corporation and except as adjusted by subsection (d-1), shall
6be an additional amount equal to 2.85% of such taxpayer's net
7income for the taxable year, except that beginning on January
81, 1981, and thereafter, the rate of 2.85% specified in this
9subsection shall be reduced to 2.5%, and in the case of a
10partnership, trust or a Subchapter S corporation shall be an
11additional amount equal to 1.5% of such taxpayer's net income
12for the taxable year.
13    (d-1) Rate reduction for certain foreign insurers. In the
14case of a foreign insurer, as defined by Section 35A-5 of the
15Illinois Insurance Code, whose state or country of domicile
16imposes on insurers domiciled in Illinois a retaliatory tax
17(excluding any insurer whose premiums from reinsurance assumed
18are 50% or more of its total insurance premiums as determined
19under paragraph (2) of subsection (b) of Section 304, except
20that for purposes of this determination premiums from
21reinsurance do not include premiums from inter-affiliate
22reinsurance arrangements), beginning with taxable years ending
23on or after December 31, 1999, the sum of the rates of tax
24imposed by subsections (b) and (d) shall be reduced (but not
25increased) to the rate at which the total amount of tax imposed
26under this Act, net of all credits allowed under this Act,

 

 

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1shall equal (i) the total amount of tax that would be imposed
2on the foreign insurer's net income allocable to Illinois for
3the taxable year by such foreign insurer's state or country of
4domicile if that net income were subject to all income taxes
5and taxes measured by net income imposed by such foreign
6insurer's state or country of domicile, net of all credits
7allowed or (ii) a rate of zero if no such tax is imposed on such
8income by the foreign insurer's state of domicile. For the
9purposes of this subsection (d-1), an inter-affiliate includes
10a mutual insurer under common management.
11        (1) For the purposes of subsection (d-1), in no event
12    shall the sum of the rates of tax imposed by subsections
13    (b) and (d) be reduced below the rate at which the sum of:
14            (A) the total amount of tax imposed on such foreign
15        insurer under this Act for a taxable year, net of all
16        credits allowed under this Act, plus
17            (B) the privilege tax imposed by Section 409 of the
18        Illinois Insurance Code, the fire insurance company
19        tax imposed by Section 12 of the Fire Investigation
20        Act, and the fire department taxes imposed under
21        Section 11-10-1 of the Illinois Municipal Code,
22    equals 1.25% for taxable years ending prior to December 31,
23    2003, or 1.75% for taxable years ending on or after
24    December 31, 2003, of the net taxable premiums written for
25    the taxable year, as described by subsection (1) of Section
26    409 of the Illinois Insurance Code. This paragraph will in

 

 

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1    no event increase the rates imposed under subsections (b)
2    and (d).
3        (2) Any reduction in the rates of tax imposed by this
4    subsection shall be applied first against the rates imposed
5    by subsection (b) and only after the tax imposed by
6    subsection (a) net of all credits allowed under this
7    Section other than the credit allowed under subsection (i)
8    has been reduced to zero, against the rates imposed by
9    subsection (d).
10    This subsection (d-1) is exempt from the provisions of
11Section 250.
12    (e) Investment credit. A taxpayer shall be allowed a credit
13against the Personal Property Tax Replacement Income Tax for
14investment in qualified property.
15        (1) A taxpayer shall be allowed a credit equal to .5%
16    of the basis of qualified property placed in service during
17    the taxable year, provided such property is placed in
18    service on or after July 1, 1984. There shall be allowed an
19    additional credit equal to .5% of the basis of qualified
20    property placed in service during the taxable year,
21    provided such property is placed in service on or after
22    July 1, 1986, and the taxpayer's base employment within
23    Illinois has increased by 1% or more over the preceding
24    year as determined by the taxpayer's employment records
25    filed with the Illinois Department of Employment Security.
26    Taxpayers who are new to Illinois shall be deemed to have

 

 

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1    met the 1% growth in base employment for the first year in
2    which they file employment records with the Illinois
3    Department of Employment Security. The provisions added to
4    this Section by Public Act 85-1200 (and restored by Public
5    Act 87-895) shall be construed as declaratory of existing
6    law and not as a new enactment. If, in any year, the
7    increase in base employment within Illinois over the
8    preceding year is less than 1%, the additional credit shall
9    be limited to that percentage times a fraction, the
10    numerator of which is .5% and the denominator of which is
11    1%, but shall not exceed .5%. The investment credit shall
12    not be allowed to the extent that it would reduce a
13    taxpayer's liability in any tax year below zero, nor may
14    any credit for qualified property be allowed for any year
15    other than the year in which the property was placed in
16    service in Illinois. For tax years ending on or after
17    December 31, 1987, and on or before December 31, 1988, the
18    credit shall be allowed for the tax year in which the
19    property is placed in service, or, if the amount of the
20    credit exceeds the tax liability for that year, whether it
21    exceeds the original liability or the liability as later
22    amended, such excess may be carried forward and applied to
23    the tax liability of the 5 taxable years following the
24    excess credit years if the taxpayer (i) makes investments
25    which cause the creation of a minimum of 2,000 full-time
26    equivalent jobs in Illinois, (ii) is located in an

 

 

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1    enterprise zone established pursuant to the Illinois
2    Enterprise Zone Act and (iii) is certified by the
3    Department of Commerce and Community Affairs (now
4    Department of Commerce and Economic Opportunity) as
5    complying with the requirements specified in clause (i) and
6    (ii) by July 1, 1986. The Department of Commerce and
7    Community Affairs (now Department of Commerce and Economic
8    Opportunity) shall notify the Department of Revenue of all
9    such certifications immediately. For tax years ending
10    after December 31, 1988, the credit shall be allowed for
11    the tax year in which the property is placed in service,
12    or, if the amount of the credit exceeds the tax liability
13    for that year, whether it exceeds the original liability or
14    the liability as later amended, such excess may be carried
15    forward and applied to the tax liability of the 5 taxable
16    years following the excess credit years. The credit shall
17    be applied to the earliest year for which there is a
18    liability. If there is credit from more than one tax year
19    that is available to offset a liability, earlier credit
20    shall be applied first.
21        (2) The term "qualified property" means property
22    which:
23            (A) is tangible, whether new or used, including
24        buildings and structural components of buildings and
25        signs that are real property, but not including land or
26        improvements to real property that are not a structural

 

 

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

 

 

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1    this subsection (e) the term "mining" shall have the same
2    meaning as the term "mining" in Section 613(c) of the
3    Internal Revenue Code. For purposes of this subsection (e),
4    the term "retailing" means the sale of tangible personal
5    property for use or consumption and not for resale, or
6    services rendered in conjunction with the sale of tangible
7    personal property for use or consumption and not for
8    resale. For purposes of this subsection (e), "tangible
9    personal property" has the same meaning as when that term
10    is used in the Retailers' Occupation Tax Act, and, for
11    taxable years ending after December 31, 2008, does not
12    include the generation, transmission, or distribution of
13    electricity.
14        (4) The basis of qualified property shall be the basis
15    used to compute the depreciation deduction for federal
16    income tax purposes.
17        (5) If the basis of the property for federal income tax
18    depreciation purposes is increased after it has been placed
19    in service in Illinois by the taxpayer, the amount of such
20    increase shall be deemed property placed in service on the
21    date of such increase in basis.
22        (6) The term "placed in service" shall have the same
23    meaning as under Section 46 of the Internal Revenue Code.
24        (7) If during any taxable year, any property ceases to
25    be qualified property in the hands of the taxpayer within
26    48 months after being placed in service, or the situs of

 

 

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1    any qualified property is moved outside Illinois within 48
2    months after being placed in service, the Personal Property
3    Tax Replacement Income Tax for such taxable year shall be
4    increased. Such increase shall be determined by (i)
5    recomputing the investment credit which would have been
6    allowed for the year in which credit for such property was
7    originally allowed by eliminating such property from such
8    computation and, (ii) subtracting such recomputed credit
9    from the amount of credit previously allowed. For the
10    purposes of this paragraph (7), a reduction of the basis of
11    qualified property resulting from a redetermination of the
12    purchase price shall be deemed a disposition of qualified
13    property to the extent of such reduction.
14        (8) Unless the investment credit is extended by law,
15    the basis of qualified property shall not include costs
16    incurred after December 31, 2018, except for costs incurred
17    pursuant to a binding contract entered into on or before
18    December 31, 2018.
19        (9) Each taxable year ending before December 31, 2000,
20    a partnership may elect to pass through to its partners the
21    credits to which the partnership is entitled under this
22    subsection (e) for the taxable year. A partner may use the
23    credit allocated to him or her under this paragraph only
24    against the tax imposed in subsections (c) and (d) of this
25    Section. If the partnership makes that election, those
26    credits shall be allocated among the partners in the

 

 

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1    partnership in accordance with the rules set forth in
2    Section 704(b) of the Internal Revenue Code, and the rules
3    promulgated under that Section, and the allocated amount of
4    the credits shall be allowed to the partners for that
5    taxable year. The partnership shall make this election on
6    its Personal Property Tax Replacement Income Tax return for
7    that taxable year. The election to pass through the credits
8    shall be irrevocable.
9        For taxable years ending on or after December 31, 2000,
10    a partner that qualifies its partnership for a subtraction
11    under subparagraph (I) of paragraph (2) of subsection (d)
12    of Section 203 or a shareholder that qualifies a Subchapter
13    S corporation for a subtraction under subparagraph (S) of
14    paragraph (2) of subsection (b) of Section 203 shall be
15    allowed a credit under this subsection (e) equal to its
16    share of the credit earned under this subsection (e) during
17    the taxable year by the partnership or Subchapter S
18    corporation, determined in accordance with the
19    determination of income and distributive share of income
20    under Sections 702 and 704 and Subchapter S of the Internal
21    Revenue Code. This paragraph is exempt from the provisions
22    of Section 250.
23    (f) Investment credit; Enterprise Zone; River Edge
24Redevelopment Zone.
25        (1) A taxpayer shall be allowed a credit against the
26    tax imposed by subsections (a) and (b) of this Section for

 

 

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

 

 

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1    following the excess credit year. The credit shall be
2    applied to the earliest year for which there is a
3    liability. If there is credit from more than one tax year
4    that is available to offset a liability, the credit
5    accruing first in time shall be applied first.
6        (2) The term qualified property means property which:
7            (A) is tangible, whether new or used, including
8        buildings and structural components of buildings;
9            (B) is depreciable pursuant to Section 167 of the
10        Internal Revenue Code, except that "3-year property"
11        as defined in Section 168(c)(2)(A) of that Code is not
12        eligible for the credit provided by this subsection
13        (f);
14            (C) is acquired by purchase as defined in Section
15        179(d) of the Internal Revenue Code;
16            (D) is used in the Enterprise Zone or River Edge
17        Redevelopment Zone by the taxpayer; and
18            (E) has not been previously used in Illinois in
19        such a manner and by such a person as would qualify for
20        the credit provided by this subsection (f) or
21        subsection (e).
22        (3) The basis of qualified property shall be the basis
23    used to compute the depreciation deduction for federal
24    income tax purposes.
25        (4) If the basis of the property for federal income tax
26    depreciation purposes is increased after it has been placed

 

 

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1    in service in the Enterprise Zone or River Edge
2    Redevelopment Zone by the taxpayer, the amount of such
3    increase shall be deemed property placed in service on the
4    date of such increase in basis.
5        (5) The term "placed in service" shall have the same
6    meaning as under Section 46 of the Internal Revenue Code.
7        (6) If during any taxable year, any property ceases to
8    be qualified property in the hands of the taxpayer within
9    48 months after being placed in service, or the situs of
10    any qualified property is moved outside the Enterprise Zone
11    or River Edge Redevelopment Zone within 48 months after
12    being placed in service, the tax imposed under subsections
13    (a) and (b) of this Section for such taxable year shall be
14    increased. Such increase shall be determined by (i)
15    recomputing the investment credit which would have been
16    allowed for the year in which credit for such property was
17    originally allowed by eliminating such property from such
18    computation, and (ii) subtracting such recomputed credit
19    from the amount of credit previously allowed. For the
20    purposes of this paragraph (6), a reduction of the basis of
21    qualified property resulting from a redetermination of the
22    purchase price shall be deemed a disposition of qualified
23    property to the extent of such reduction.
24        (7) There shall be allowed an additional credit equal
25    to 0.5% of the basis of qualified property placed in
26    service during the taxable year in a River Edge

 

 

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

 

 

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

 

 

SB2023 Enrolled- 27 -LRB101 09588 JRG 54686 b

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

 

 

SB2023 Enrolled- 28 -LRB101 09588 JRG 54686 b

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

 

 

SB2023 Enrolled- 29 -LRB101 09588 JRG 54686 b

1    the explicit terms and length of the contract under Section
2    18-183 of the Property Tax Code, the tax imposed under
3    subsections (a) and (b) of this Section shall be increased
4    for the taxable year in which the taxpayer relocated its
5    facility by an amount equal to the amount of credit
6    received by the taxpayer under this subsection (h).
7    (i) Credit for Personal Property Tax Replacement Income
8Tax. For tax years ending prior to December 31, 2003, a credit
9shall be allowed against the tax imposed by subsections (a) and
10(b) of this Section for the tax imposed by subsections (c) and
11(d) of this Section. This credit shall be computed by
12multiplying the tax imposed by subsections (c) and (d) of this
13Section by a fraction, the numerator of which is base income
14allocable to Illinois and the denominator of which is Illinois
15base income, and further multiplying the product by the tax
16rate imposed by subsections (a) and (b) of this Section.
17    Any credit earned on or after December 31, 1986 under this
18subsection which is unused in the year the credit is computed
19because it exceeds the tax liability imposed by subsections (a)
20and (b) for that year (whether it exceeds the original
21liability or the liability as later amended) may be carried
22forward and applied to the tax liability imposed by subsections
23(a) and (b) of the 5 taxable years following the excess credit
24year, provided that no credit may be carried forward to any
25year ending on or after December 31, 2003. This credit shall be
26applied first to the earliest year for which there is a

 

 

SB2023 Enrolled- 30 -LRB101 09588 JRG 54686 b

1liability. If there is a credit under this subsection from more
2than one tax year that is available to offset a liability the
3earliest credit arising under this subsection shall be applied
4first.
5    If, during any taxable year ending on or after December 31,
61986, the tax imposed by subsections (c) and (d) of this
7Section for which a taxpayer has claimed a credit under this
8subsection (i) is reduced, the amount of credit for such tax
9shall also be reduced. Such reduction shall be determined by
10recomputing the credit to take into account the reduced tax
11imposed by subsections (c) and (d). If any portion of the
12reduced amount of credit has been carried to a different
13taxable year, an amended return shall be filed for such taxable
14year to reduce the amount of credit claimed.
15    (j) Training expense credit. Beginning with tax years
16ending on or after December 31, 1986 and prior to December 31,
172003, a taxpayer shall be allowed a credit against the tax
18imposed by subsections (a) and (b) under this Section for all
19amounts paid or accrued, on behalf of all persons employed by
20the taxpayer in Illinois or Illinois residents employed outside
21of Illinois by a taxpayer, for educational or vocational
22training in semi-technical or technical fields or semi-skilled
23or skilled fields, which were deducted from gross income in the
24computation of taxable income. The credit against the tax
25imposed by subsections (a) and (b) shall be 1.6% of such
26training expenses. For partners, shareholders of subchapter S

 

 

SB2023 Enrolled- 31 -LRB101 09588 JRG 54686 b

1corporations, and owners of limited liability companies, if the
2liability company is treated as a partnership for purposes of
3federal and State income taxation, there shall be allowed a
4credit under this subsection (j) to be determined in accordance
5with the determination of income and distributive share of
6income under Sections 702 and 704 and subchapter S of the
7Internal Revenue Code.
8    Any credit allowed under this subsection which is unused in
9the year the credit is earned may be carried forward to each of
10the 5 taxable years following the year for which the credit is
11first computed until it is used. This credit shall be applied
12first to the earliest year for which there is a liability. If
13there is a credit under this subsection from more than one tax
14year that is available to offset a liability the earliest
15credit arising under this subsection shall be applied first. No
16carryforward credit may be claimed in any tax year ending on or
17after December 31, 2003.
18    (k) Research and development credit. For tax years ending
19after July 1, 1990 and prior to December 31, 2003, and
20beginning again for tax years ending on or after December 31,
212004, and ending prior to January 1, 2022, a taxpayer shall be
22allowed a credit against the tax imposed by subsections (a) and
23(b) of this Section for increasing research activities in this
24State. The credit allowed against the tax imposed by
25subsections (a) and (b) shall be equal to 6 1/2% of the
26qualifying expenditures for increasing research activities in

 

 

SB2023 Enrolled- 32 -LRB101 09588 JRG 54686 b

1this State. For partners, shareholders of subchapter S
2corporations, and owners of limited liability companies, if the
3liability company is treated as a partnership for purposes of
4federal and State income taxation, there shall be allowed a
5credit under this subsection to be determined in accordance
6with the determination of income and distributive share of
7income under Sections 702 and 704 and subchapter S of the
8Internal Revenue Code.
9    For purposes of this subsection, "qualifying expenditures"
10means the qualifying expenditures as defined for the federal
11credit for increasing research activities which would be
12allowable under Section 41 of the Internal Revenue Code and
13which are conducted in this State, "qualifying expenditures for
14increasing research activities in this State" means the excess
15of qualifying expenditures for the taxable year in which
16incurred over qualifying expenditures for the base period,
17"qualifying expenditures for the base period" means the average
18of the qualifying expenditures for each year in the base
19period, and "base period" means the 3 taxable years immediately
20preceding the taxable year for which the determination is being
21made.
22    Any credit in excess of the tax liability for the taxable
23year may be carried forward. A taxpayer may elect to have the
24unused credit shown on its final completed return carried over
25as a credit against the tax liability for the following 5
26taxable years or until it has been fully used, whichever occurs

 

 

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1first; provided that no credit earned in a tax year ending
2prior to December 31, 2003 may be carried forward to any year
3ending on or after December 31, 2003.
4    If an unused credit is carried forward to a given year from
52 or more earlier years, that credit arising in the earliest
6year will be applied first against the tax liability for the
7given year. If a tax liability for the given year still
8remains, the credit from the next earliest year will then be
9applied, and so on, until all credits have been used or no tax
10liability for the given year remains. Any remaining unused
11credit or credits then will be carried forward to the next
12following year in which a tax liability is incurred, except
13that no credit can be carried forward to a year which is more
14than 5 years after the year in which the expense for which the
15credit is given was incurred.
16    No inference shall be drawn from this amendatory Act of the
1791st General Assembly in construing this Section for taxable
18years beginning before January 1, 1999.
19    It is the intent of the General Assembly that the research
20and development credit under this subsection (k) shall apply
21continuously for all tax years ending on or after December 31,
222004 and ending prior to January 1, 2022, including, but not
23limited to, the period beginning on January 1, 2016 and ending
24on the effective date of this amendatory Act of the 100th
25General Assembly. All actions taken in reliance on the
26continuation of the credit under this subsection (k) by any

 

 

SB2023 Enrolled- 34 -LRB101 09588 JRG 54686 b

1taxpayer are hereby validated.
2    (l) Environmental Remediation Tax Credit.
3        (i) For tax years ending after December 31, 1997 and on
4    or before December 31, 2001, a taxpayer shall be allowed a
5    credit against the tax imposed by subsections (a) and (b)
6    of this Section for certain amounts paid for unreimbursed
7    eligible remediation costs, as specified in this
8    subsection. For purposes of this Section, "unreimbursed
9    eligible remediation costs" means costs approved by the
10    Illinois Environmental Protection Agency ("Agency") under
11    Section 58.14 of the Environmental Protection Act that were
12    paid in performing environmental remediation at a site for
13    which a No Further Remediation Letter was issued by the
14    Agency and recorded under Section 58.10 of the
15    Environmental Protection Act. The credit must be claimed
16    for the taxable year in which Agency approval of the
17    eligible remediation costs is granted. The credit is not
18    available to any taxpayer if the taxpayer or any related
19    party caused or contributed to, in any material respect, a
20    release of regulated substances on, in, or under the site
21    that was identified and addressed by the remedial action
22    pursuant to the Site Remediation Program of the
23    Environmental Protection Act. After the Pollution Control
24    Board rules are adopted pursuant to the Illinois
25    Administrative Procedure Act for the administration and
26    enforcement of Section 58.9 of the Environmental

 

 

SB2023 Enrolled- 35 -LRB101 09588 JRG 54686 b

1    Protection Act, determinations as to credit availability
2    for purposes of this Section shall be made consistent with
3    those rules. For purposes of this Section, "taxpayer"
4    includes a person whose tax attributes the taxpayer has
5    succeeded to under Section 381 of the Internal Revenue Code
6    and "related party" includes the persons disallowed a
7    deduction for losses by paragraphs (b), (c), and (f)(1) of
8    Section 267 of the Internal Revenue Code by virtue of being
9    a related taxpayer, as well as any of its partners. The
10    credit allowed against the tax imposed by subsections (a)
11    and (b) shall be equal to 25% of the unreimbursed eligible
12    remediation costs in excess of $100,000 per site, except
13    that the $100,000 threshold shall not apply to any site
14    contained in an enterprise zone as determined by the
15    Department of Commerce and Community Affairs (now
16    Department of Commerce and Economic Opportunity). The
17    total credit allowed shall not exceed $40,000 per year with
18    a maximum total of $150,000 per site. For partners and
19    shareholders of subchapter S corporations, there shall be
20    allowed a credit under this subsection to be determined in
21    accordance with the determination of income and
22    distributive share of income under Sections 702 and 704 and
23    subchapter S of the Internal Revenue Code.
24        (ii) A credit allowed under this subsection that is
25    unused in the year the credit is earned may be carried
26    forward to each of the 5 taxable years following the year

 

 

SB2023 Enrolled- 36 -LRB101 09588 JRG 54686 b

1    for which the credit is first earned until it is used. The
2    term "unused credit" does not include any amounts of
3    unreimbursed eligible remediation costs in excess of the
4    maximum credit per site authorized under paragraph (i).
5    This credit shall be applied first to the earliest year for
6    which there is a liability. If there is a credit under this
7    subsection from more than one tax year that is available to
8    offset a liability, the earliest credit arising under this
9    subsection shall be applied first. A credit allowed under
10    this subsection may be sold to a buyer as part of a sale of
11    all or part of the remediation site for which the credit
12    was granted. The purchaser of a remediation site and the
13    tax credit shall succeed to the unused credit and remaining
14    carry-forward period of the seller. To perfect the
15    transfer, the assignor shall record the transfer in the
16    chain of title for the site and provide written notice to
17    the Director of the Illinois Department of Revenue of the
18    assignor's intent to sell the remediation site and the
19    amount of the tax credit to be transferred as a portion of
20    the sale. In no event may a credit be transferred to any
21    taxpayer if the taxpayer or a related party would not be
22    eligible under the provisions of subsection (i).
23        (iii) For purposes of this Section, the term "site"
24    shall have the same meaning as under Section 58.2 of the
25    Environmental Protection Act.
26    (m) Education expense credit. Beginning with tax years

 

 

SB2023 Enrolled- 37 -LRB101 09588 JRG 54686 b

1ending after December 31, 1999, a taxpayer who is the custodian
2of one or more qualifying pupils shall be allowed a credit
3against the tax imposed by subsections (a) and (b) of this
4Section for qualified education expenses incurred on behalf of
5the qualifying pupils. The credit shall be equal to 25% of
6qualified education expenses, but in no event may the total
7credit under this subsection claimed by a family that is the
8custodian of qualifying pupils exceed (i) $500 for tax years
9ending prior to December 31, 2017, and (ii) $750 for tax years
10ending on or after December 31, 2017. In no event shall a
11credit under this subsection reduce the taxpayer's liability
12under this Act to less than zero. Notwithstanding any other
13provision of law, for taxable years beginning on or after
14January 1, 2017, no taxpayer may claim a credit under this
15subsection (m) if the taxpayer's adjusted gross income for the
16taxable year exceeds (i) $500,000, in the case of spouses
17filing a joint federal tax return or (ii) $250,000, in the case
18of all other taxpayers. This subsection is exempt from the
19provisions of Section 250 of this Act.
20    For purposes of this subsection:
21    "Qualifying pupils" means individuals who (i) are
22residents of the State of Illinois, (ii) are under the age of
2321 at the close of the school year for which a credit is
24sought, and (iii) during the school year for which a credit is
25sought were full-time pupils enrolled in a kindergarten through
26twelfth grade education program at any school, as defined in

 

 

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1this subsection.
2    "Qualified education expense" means the amount incurred on
3behalf of a qualifying pupil in excess of $250 for tuition,
4book fees, and lab fees at the school in which the pupil is
5enrolled during the regular school year.
6    "School" means any public or nonpublic elementary or
7secondary school in Illinois that is in compliance with Title
8VI of the Civil Rights Act of 1964 and attendance at which
9satisfies the requirements of Section 26-1 of the School Code,
10except that nothing shall be construed to require a child to
11attend any particular public or nonpublic school to qualify for
12the credit under this Section.
13    "Custodian" means, with respect to qualifying pupils, an
14Illinois resident who is a parent, the parents, a legal
15guardian, or the legal guardians of the qualifying pupils.
16    (n) River Edge Redevelopment Zone site remediation tax
17credit.
18        (i) For tax years ending on or after December 31, 2006,
19    a taxpayer shall be allowed a credit against the tax
20    imposed by subsections (a) and (b) of this Section for
21    certain amounts paid for unreimbursed eligible remediation
22    costs, as specified in this subsection. For purposes of
23    this Section, "unreimbursed eligible remediation costs"
24    means costs approved by the Illinois Environmental
25    Protection Agency ("Agency") under Section 58.14a of the
26    Environmental Protection Act that were paid in performing

 

 

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1    environmental remediation at a site within a River Edge
2    Redevelopment Zone for which a No Further Remediation
3    Letter was issued by the Agency and recorded under Section
4    58.10 of the Environmental Protection Act. The credit must
5    be claimed for the taxable year in which Agency approval of
6    the eligible remediation costs is granted. The credit is
7    not available to any taxpayer if the taxpayer or any
8    related party caused or contributed to, in any material
9    respect, a release of regulated substances on, in, or under
10    the site that was identified and addressed by the remedial
11    action pursuant to the Site Remediation Program of the
12    Environmental Protection Act. Determinations as to credit
13    availability for purposes of this Section shall be made
14    consistent with rules adopted by the Pollution Control
15    Board pursuant to the Illinois Administrative Procedure
16    Act for the administration and enforcement of Section 58.9
17    of the Environmental Protection Act. For purposes of this
18    Section, "taxpayer" includes a person whose tax attributes
19    the taxpayer has succeeded to under Section 381 of the
20    Internal Revenue Code and "related party" includes the
21    persons disallowed a deduction for losses by paragraphs
22    (b), (c), and (f)(1) of Section 267 of the Internal Revenue
23    Code by virtue of being a related taxpayer, as well as any
24    of its partners. The credit allowed against the tax imposed
25    by subsections (a) and (b) shall be equal to 25% of the
26    unreimbursed eligible remediation costs in excess of

 

 

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1    $100,000 per site.
2        (ii) A credit allowed under this subsection that is
3    unused in the year the credit is earned may be carried
4    forward to each of the 5 taxable years following the year
5    for which the credit is first earned until it is used. This
6    credit shall be applied first to the earliest year for
7    which there is a liability. If there is a credit under this
8    subsection from more than one tax year that is available to
9    offset a liability, the earliest credit arising under this
10    subsection shall be applied first. A credit allowed under
11    this subsection may be sold to a buyer as part of a sale of
12    all or part of the remediation site for which the credit
13    was granted. The purchaser of a remediation site and the
14    tax credit shall succeed to the unused credit and remaining
15    carry-forward period of the seller. To perfect the
16    transfer, the assignor shall record the transfer in the
17    chain of title for the site and provide written notice to
18    the Director of the Illinois Department of Revenue of the
19    assignor's intent to sell the remediation site and the
20    amount of the tax credit to be transferred as a portion of
21    the sale. In no event may a credit be transferred to any
22    taxpayer if the taxpayer or a related party would not be
23    eligible under the provisions of subsection (i).
24        (iii) For purposes of this Section, the term "site"
25    shall have the same meaning as under Section 58.2 of the
26    Environmental Protection Act.

 

 

SB2023 Enrolled- 41 -LRB101 09588 JRG 54686 b

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

 

 

SB2023 Enrolled- 42 -LRB101 09588 JRG 54686 b

1            (D) the death of an owner of the equity interest in
2        a registrant;
3            (E) the acquisition of a controlling interest in
4        the stock or substantially all of the assets of a
5        publicly traded company;
6            (F) a transfer by a parent company to a wholly
7        owned subsidiary; or
8            (G) the transfer or sale to or by one person to
9        another person where both persons were initial owners
10        of the registration when the registration was issued;
11        or
12        (2) the cannabis cultivation center registration,
13    medical cannabis dispensary registration, or the
14    controlling interest in a registrant's property is
15    transferred in a transaction to lineal descendants in which
16    no gain or loss is recognized or as a result of a
17    transaction in accordance with Section 351 of the Internal
18    Revenue Code in which no gain or loss is recognized.
19(Source: P.A. 100-22, eff. 7-6-17.)
 
20    Section 15. The Use Tax Act is amended by changing Section
213-10 as follows:
 
22    (35 ILCS 105/3-10)
23    Sec. 3-10. Rate of tax. Unless otherwise provided in this
24Section, the tax imposed by this Act is at the rate of 6.25% of

 

 

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1either the selling price or the fair market value, if any, of
2the tangible personal property. In all cases where property
3functionally used or consumed is the same as the property that
4was purchased at retail, then the tax is imposed on the selling
5price of the property. In all cases where property functionally
6used or consumed is a by-product or waste product that has been
7refined, manufactured, or produced from property purchased at
8retail, then the tax is imposed on the lower of the fair market
9value, if any, of the specific property so used in this State
10or on the selling price of the property purchased at retail.
11For purposes of this Section "fair market value" means the
12price at which property would change hands between a willing
13buyer and a willing seller, neither being under any compulsion
14to buy or sell and both having reasonable knowledge of the
15relevant facts. The fair market value shall be established by
16Illinois sales by the taxpayer of the same property as that
17functionally used or consumed, or if there are no such sales by
18the taxpayer, then comparable sales or purchases of property of
19like kind and character in Illinois.
20    Beginning on July 1, 2000 and through December 31, 2000,
21with respect to motor fuel, as defined in Section 1.1 of the
22Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
23the Use Tax Act, the tax is imposed at the rate of 1.25%.
24    Beginning on August 6, 2010 through August 15, 2010, with
25respect to sales tax holiday items as defined in Section 3-6 of
26this Act, the tax is imposed at the rate of 1.25%.

 

 

SB2023 Enrolled- 44 -LRB101 09588 JRG 54686 b

1    With respect to gasohol, the tax imposed by this Act
2applies to (i) 70% of the proceeds of sales made on or after
3January 1, 1990, and before July 1, 2003, (ii) 80% of the
4proceeds of sales made on or after July 1, 2003 and on or
5before July 1, 2017, and (iii) 100% of the proceeds of sales
6made thereafter. If, at any time, however, the tax under this
7Act on sales of gasohol is imposed at the rate of 1.25%, then
8the tax imposed by this Act applies to 100% of the proceeds of
9sales of gasohol made during that time.
10    With respect to majority blended ethanol fuel, the tax
11imposed by this Act does not apply to the proceeds of sales
12made on or after July 1, 2003 and on or before December 31,
132023 but applies to 100% of the proceeds of sales made
14thereafter.
15    With respect to biodiesel blends with no less than 1% and
16no more than 10% biodiesel, the tax imposed by this Act applies
17to (i) 80% of the proceeds of sales made on or after July 1,
182003 and on or before December 31, 2018 and (ii) 100% of the
19proceeds of sales made thereafter. If, at any time, however,
20the tax under this Act on sales of biodiesel blends with no
21less than 1% and no more than 10% biodiesel is imposed at the
22rate of 1.25%, then the tax imposed by this Act applies to 100%
23of the proceeds of sales of biodiesel blends with no less than
241% and no more than 10% biodiesel made during that time.
25    With respect to 100% biodiesel and biodiesel blends with
26more than 10% but no more than 99% biodiesel, the tax imposed

 

 

SB2023 Enrolled- 45 -LRB101 09588 JRG 54686 b

1by this Act does not apply to the proceeds of sales made on or
2after July 1, 2003 and on or before December 31, 2023 but
3applies to 100% of the proceeds of sales made thereafter.
4    With respect to food for human consumption that is to be
5consumed off the premises where it is sold (other than
6alcoholic beverages, soft drinks, and food that has been
7prepared for immediate consumption) and prescription and
8nonprescription medicines, drugs, medical appliances, products
9classified as Class III medical devices by the United States
10Food and Drug Administration that are used for cancer treatment
11pursuant to a prescription, as well as any accessories and
12components related to those devices, modifications to a motor
13vehicle for the purpose of rendering it usable by a person with
14a disability, and insulin, urine testing materials, syringes,
15and needles used by diabetics, for human use, the tax is
16imposed at the rate of 1%. For the purposes of this Section,
17until September 1, 2009: the term "soft drinks" means any
18complete, finished, ready-to-use, non-alcoholic drink, whether
19carbonated or not, including but not limited to soda water,
20cola, fruit juice, vegetable juice, carbonated water, and all
21other preparations commonly known as soft drinks of whatever
22kind or description that are contained in any closed or sealed
23bottle, can, carton, or container, regardless of size; but
24"soft drinks" does not include coffee, tea, non-carbonated
25water, infant formula, milk or milk products as defined in the
26Grade A Pasteurized Milk and Milk Products Act, or drinks

 

 

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

 

 

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

 

 

SB2023 Enrolled- 48 -LRB101 09588 JRG 54686 b

1being brought to Illinois for use here and is taxable under
2this Act, the "selling price" on which the tax is computed
3shall be reduced by an amount that represents a reasonable
4allowance for depreciation for the period of prior out-of-state
5use.
6(Source: P.A. 99-143, eff. 7-27-15; 99-858, eff. 8-19-16;
7100-22, eff. 7-6-17.)
 
8    Section 20. The Service Use Tax Act is amended by changing
9Section 3-10 as follows:
 
10    (35 ILCS 110/3-10)  (from Ch. 120, par. 439.33-10)
11    Sec. 3-10. Rate of tax. Unless otherwise provided in this
12Section, the tax imposed by this Act is at the rate of 6.25% of
13the selling price of tangible personal property transferred as
14an incident to the sale of service, but, for the purpose of
15computing this tax, in no event shall the selling price be less
16than the cost price of the property to the serviceman.
17    Beginning on July 1, 2000 and through December 31, 2000,
18with respect to motor fuel, as defined in Section 1.1 of the
19Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
20the Use Tax Act, the tax is imposed at the rate of 1.25%.
21    With respect to gasohol, as defined in the Use Tax Act, the
22tax imposed by this Act applies to (i) 70% of the selling price
23of property transferred as an incident to the sale of service
24on or after January 1, 1990, and before July 1, 2003, (ii) 80%

 

 

SB2023 Enrolled- 49 -LRB101 09588 JRG 54686 b

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

 

 

SB2023 Enrolled- 50 -LRB101 09588 JRG 54686 b

1Act, and biodiesel blends, as defined in the Use Tax Act, with
2more than 10% but no more than 99% biodiesel, the tax imposed
3by this Act does not apply to the proceeds of the selling price
4of property transferred as an incident to the sale of service
5on or after July 1, 2003 and on or before December 31, 2023 but
6applies to 100% of the selling price thereafter.
7    At the election of any registered serviceman made for each
8fiscal year, sales of service in which the aggregate annual
9cost price of tangible personal property transferred as an
10incident to the sales of service is less than 35%, or 75% in
11the case of servicemen transferring prescription drugs or
12servicemen engaged in graphic arts production, of the aggregate
13annual total gross receipts from all sales of service, the tax
14imposed by this Act shall be based on the serviceman's cost
15price of the tangible personal property transferred as an
16incident to the sale of those services.
17    The tax shall be imposed at the rate of 1% on food prepared
18for immediate consumption and transferred incident to a sale of
19service subject to this Act or the Service Occupation Tax Act
20by an entity licensed under the Hospital Licensing Act, the
21Nursing Home Care Act, the ID/DD Community Care Act, the MC/DD
22Act, the Specialized Mental Health Rehabilitation Act of 2013,
23or the Child Care Act of 1969. The tax shall also be imposed at
24the rate of 1% on food for human consumption that is to be
25consumed off the premises where it is sold (other than
26alcoholic beverages, soft drinks, and food that has been

 

 

SB2023 Enrolled- 51 -LRB101 09588 JRG 54686 b

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

 

 

SB2023 Enrolled- 52 -LRB101 09588 JRG 54686 b

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

 

 

SB2023 Enrolled- 53 -LRB101 09588 JRG 54686 b

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

 

 

SB2023 Enrolled- 54 -LRB101 09588 JRG 54686 b

1(Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15;
299-642, eff. 7-28-16; 99-858, eff. 8-19-16; 100-22, eff.
37-6-17.)
 
4    Section 25. The Service Occupation Tax Act is amended by
5changing Section 3-10 as follows:
 
6    (35 ILCS 115/3-10)  (from Ch. 120, par. 439.103-10)
7    Sec. 3-10. Rate of tax. Unless otherwise provided in this
8Section, the tax imposed by this Act is at the rate of 6.25% of
9the "selling price", as defined in Section 2 of the Service Use
10Tax Act, of the tangible personal property. For the purpose of
11computing this tax, in no event shall the "selling price" be
12less than the cost price to the serviceman of the tangible
13personal property transferred. The selling price of each item
14of tangible personal property transferred as an incident of a
15sale of service may be shown as a distinct and separate item on
16the serviceman's billing to the service customer. If the
17selling price is not so shown, the selling price of the
18tangible personal property is deemed to be 50% of the
19serviceman's entire billing to the service customer. When,
20however, a serviceman contracts to design, develop, and produce
21special order machinery or equipment, the tax imposed by this
22Act shall be based on the serviceman's cost price of the
23tangible personal property transferred incident to the
24completion of the contract.

 

 

SB2023 Enrolled- 55 -LRB101 09588 JRG 54686 b

1    Beginning on July 1, 2000 and through December 31, 2000,
2with respect to motor fuel, as defined in Section 1.1 of the
3Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
4the Use Tax Act, the tax is imposed at the rate of 1.25%.
5    With respect to gasohol, as defined in the Use Tax Act, the
6tax imposed by this Act shall apply to (i) 70% of the cost
7price of property transferred as an incident to the sale of
8service on or after January 1, 1990, and before July 1, 2003,
9(ii) 80% of the selling price of property transferred as an
10incident to the sale of service on or after July 1, 2003 and on
11or before July 1, 2017, and (iii) 100% of the cost price
12thereafter. If, at any time, however, the tax under this Act on
13sales of gasohol, as defined in the Use Tax Act, is imposed at
14the rate of 1.25%, then the tax imposed by this Act applies to
15100% of the proceeds of sales of gasohol made during that time.
16    With respect to majority blended ethanol fuel, as defined
17in the Use Tax Act, the tax imposed by this Act does not apply
18to the selling price of property transferred as an incident to
19the sale of service on or after July 1, 2003 and on or before
20December 31, 2023 but applies to 100% of the selling price
21thereafter.
22    With respect to biodiesel blends, as defined in the Use Tax
23Act, with no less than 1% and no more than 10% biodiesel, the
24tax imposed by this Act applies to (i) 80% of the selling price
25of property transferred as an incident to the sale of service
26on or after July 1, 2003 and on or before December 31, 2018 and

 

 

SB2023 Enrolled- 56 -LRB101 09588 JRG 54686 b

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

 

 

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

 

 

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

 

 

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

 

 

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1dispensing organization under the Compassionate Use of Medical
2Cannabis Pilot Program Act.
3(Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15;
499-642, eff. 7-28-16; 99-858, eff. 8-19-16; 100-22, eff.
57-6-17.)
 
6    Section 30. The Retailers' Occupation Tax Act is amended by
7changing Section 2-10 as follows:
 
8    (35 ILCS 120/2-10)
9    Sec. 2-10. Rate of tax. Unless otherwise provided in this
10Section, the tax imposed by this Act is at the rate of 6.25% of
11gross receipts from sales of tangible personal property made in
12the course of business.
13    Beginning on July 1, 2000 and through December 31, 2000,
14with respect to motor fuel, as defined in Section 1.1 of the
15Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
16the Use Tax Act, the tax is imposed at the rate of 1.25%.
17    Beginning on August 6, 2010 through August 15, 2010, with
18respect to sales tax holiday items as defined in Section 2-8 of
19this Act, the tax is imposed at the rate of 1.25%.
20    Within 14 days after the effective date of this amendatory
21Act of the 91st General Assembly, each retailer of motor fuel
22and gasohol shall cause the following notice to be posted in a
23prominently visible place on each retail dispensing device that
24is used to dispense motor fuel or gasohol in the State of

 

 

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1Illinois: "As of July 1, 2000, the State of Illinois has
2eliminated the State's share of sales tax on motor fuel and
3gasohol through December 31, 2000. The price on this pump
4should reflect the elimination of the tax." The notice shall be
5printed in bold print on a sign that is no smaller than 4
6inches by 8 inches. The sign shall be clearly visible to
7customers. Any retailer who fails to post or maintain a
8required sign through December 31, 2000 is guilty of a petty
9offense for which the fine shall be $500 per day per each
10retail premises where a violation occurs.
11    With respect to gasohol, as defined in the Use Tax Act, the
12tax imposed by this Act applies to (i) 70% of the proceeds of
13sales made on or after January 1, 1990, and before July 1,
142003, (ii) 80% of the proceeds of sales made on or after July
151, 2003 and on or before July 1, 2017, and (iii) 100% of the
16proceeds of sales made thereafter. If, at any time, however,
17the tax under this Act on sales of gasohol, as defined in the
18Use Tax Act, is imposed at the rate of 1.25%, then the tax
19imposed by this Act applies to 100% of the proceeds of sales of
20gasohol made during that time.
21    With respect to majority blended ethanol fuel, as defined
22in the Use Tax Act, the tax imposed by this Act does not apply
23to the proceeds of sales made on or after July 1, 2003 and on or
24before December 31, 2023 but applies to 100% of the proceeds of
25sales made thereafter.
26    With respect to biodiesel blends, as defined in the Use Tax

 

 

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1Act, with no less than 1% and no more than 10% biodiesel, the
2tax imposed by this Act applies to (i) 80% of the proceeds of
3sales made on or after July 1, 2003 and on or before December
431, 2018 and (ii) 100% of the proceeds of sales made
5thereafter. If, at any time, however, the tax under this Act on
6sales of biodiesel blends, as defined in the Use Tax Act, with
7no less than 1% and no more than 10% biodiesel is imposed at
8the rate of 1.25%, then the tax imposed by this Act applies to
9100% of the proceeds of sales of biodiesel blends with no less
10than 1% and no more than 10% biodiesel made during that time.
11    With respect to 100% biodiesel, as defined in the Use Tax
12Act, and biodiesel blends, as defined in the Use Tax Act, with
13more than 10% but no more than 99% biodiesel, the tax imposed
14by this Act does not apply to the proceeds of sales made on or
15after July 1, 2003 and on or before December 31, 2023 but
16applies to 100% of the proceeds of sales made thereafter.
17    With respect to food for human consumption that is to be
18consumed off the premises where it is sold (other than
19alcoholic beverages, soft drinks, and food that has been
20prepared for immediate consumption) and prescription and
21nonprescription medicines, drugs, medical appliances, products
22classified as Class III medical devices by the United States
23Food and Drug Administration that are used for cancer treatment
24pursuant to a prescription, as well as any accessories and
25components related to those devices, modifications to a motor
26vehicle for the purpose of rendering it usable by a person with

 

 

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

 

 

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

 

 

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1as required by 21 C.F.R. 201.66. The "over-the-counter-drug"
2label includes:
3        (A) A "Drug Facts" panel; or
4        (B) A statement of the "active ingredient(s)" with a
5    list of those ingredients contained in the compound,
6    substance or preparation.
7    Beginning on the effective date of this amendatory Act of
8the 98th General Assembly, "prescription and nonprescription
9medicines and drugs" includes medical cannabis purchased from a
10registered dispensing organization under the Compassionate Use
11of Medical Cannabis Pilot Program Act.
12(Source: P.A. 99-143, eff. 7-27-15; 99-858, eff. 8-19-16;
13100-22, eff. 7-6-17.)
 
14    Section 33. If and only if House Bill 1438 of the 101st
15General Assembly becomes law, then the Counties Code is amended
16by changing Section 5-1006.8 as follows:
 
17    (55 ILCS 5/5-1006.8)
18    Sec. 5-1006.8. County Cannabis Retailers' Occupation Tax
19Law.
20    (a) This Section may be referred to as the County Cannabis
21Retailers' Occupation Tax Law. On and after January 1, 2020,
22the corporate authorities of any county may, by ordinance,
23impose a tax upon all persons engaged in the business of
24selling cannabis, other than cannabis purchased under the

 

 

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1Compassionate Use of Medical Cannabis Pilot Program Act, at
2retail in the county on the gross receipts from these sales
3made in the course of that business. If imposed, the tax shall
4be imposed only in 0.25% increments. The tax rate may not
5exceed: (i) 3.75% of the gross receipts of sales made in
6unincorporated areas of the county; and (ii) 3% 0.75% of the
7gross receipts of sales made in a municipality located in the
8county a non-home rule county; and (iii) 3% of gross sales
9receipts made in a municipality located in a home rule county.
10The tax imposed under this Section and all civil penalties that
11may be assessed as an incident of the tax shall be collected
12and enforced by the Department of Revenue. The Department of
13Revenue shall have full power to administer and enforce this
14Section; to collect all taxes and penalties due hereunder; to
15dispose of taxes and penalties so collected in the manner
16hereinafter provided; and to determine all rights to credit
17memoranda arising on account of the erroneous payment of tax or
18penalty under this Section. In the administration of and
19compliance with this Section, the Department of Revenue and
20persons who are subject to this Section shall have the same
21rights, remedies, privileges, immunities, powers and duties,
22and be subject to the same conditions, restrictions,
23limitations, penalties, and definitions of terms, and employ
24the same modes of procedure, as are described in Sections 1,
251a, 1d, 1e, 1f, 1i, 1j, 1k, 1m, 1n, 2 through 2-65 (in respect
26to all provisions therein other than the State rate of tax),

 

 

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12c, 3 (except as to the disposition of taxes and penalties
2collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k,
35l, 6, 6a, 6bb, 6c, 6d, 8, 8, 9, 10, 11, 12, and 13 of the
4Retailers' Occupation Tax Act and Section 3-7 of the Uniform
5Penalty and Interest Act as fully as if those provisions were
6set forth in this Section.
7    (b) Persons subject to any tax imposed under the authority
8granted in this Section may reimburse themselves for their
9seller's tax liability hereunder by separately stating that tax
10as an additional charge, which charge may be stated in
11combination, in a single amount, with any State tax that
12sellers are required to collect.
13    (c) Whenever the Department of Revenue determines that a
14refund should be made under this Section to a claimant instead
15of issuing a credit memorandum, the Department of Revenue shall
16notify the State Comptroller, who shall cause the order to be
17drawn for the amount specified and to the person named in the
18notification from the Department of Revenue.
19    (d) The Department of Revenue shall immediately pay over to
20the State Treasurer, ex officio, as trustee, all taxes and
21penalties collected hereunder for deposit into the Local
22Cannabis Consumer Excise Tax Trust Fund.
23    (e) On or before the 25th day of each calendar month, the
24Department of Revenue shall prepare and certify to the
25Comptroller the amount of money to be disbursed from the Local
26Cannabis Consumer Excise Tax Trust Fund to counties from which

 

 

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1retailers have paid taxes or penalties under this Section
2during the second preceding calendar month. The amount to be
3paid to each county shall be the amount (not including credit
4memoranda) collected under this Section from sales made in the
5county during the second preceding calendar month, plus an
6amount the Department of Revenue determines is necessary to
7offset any amounts that were erroneously paid to a different
8taxing body, and not including an amount equal to the amount of
9refunds made during the second preceding calendar month by the
10Department on behalf of such county, and not including any
11amount that the Department determines is necessary to offset
12any amounts that were payable to a different taxing body but
13were erroneously paid to the county, less 1.5% of the
14remainder, which the Department shall transfer into the Tax
15Compliance and Administration Fund. The Department, at the time
16of each monthly disbursement to the counties, shall prepare and
17certify the State Comptroller the amount to be transferred into
18the Tax Compliance and Administration Fund under this Section.
19Within 10 days after receipt by the Comptroller of the
20disbursement certification to the counties and the Tax
21Compliance and Administration Fund provided for in this Section
22to be given to the Comptroller by the Department, the
23Comptroller shall cause the orders to be drawn for the
24respective amounts in accordance with the directions contained
25in the certification.
26    (f) An ordinance or resolution imposing or discontinuing a

 

 

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1tax under this Section or effecting a change in the rate
2thereof shall be adopted and a certified copy thereof filed
3with the Department on or before the first day of June,
4whereupon the Department shall proceed to administer and
5enforce this Section as of the first day of September next
6following the adoption and filing.
7(Source: 10100HB1438sam002.)
 
8    Section 35. The School Code is amended by changing Section
922-33 as follows:
 
10    (105 ILCS 5/22-33)
11    Sec. 22-33. Medical cannabis.
12    (a) This Section may be referred to as Ashley's Law.
13    (a-5) In this Section, "designated caregiver", "medical
14cannabis infused product", "qualifying patient", and
15"registered" have the meanings given to those terms under
16Section 10 of the Compassionate Use of Medical Cannabis Pilot
17Program Act.
18    (b) Subject to the restrictions under subsections (c)
19through (g) of this Section, a school district, public school,
20charter school, or nonpublic school shall authorize a parent or
21guardian or any other individual registered with the Department
22of Public Health as a designated caregiver of a student who is
23a registered qualifying patient to administer a medical
24cannabis infused product to the student on the premises of the

 

 

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1child's school or on the child's school bus if both the student
2(as a registered qualifying patient) and the parent or guardian
3or other individual (as a registered designated caregiver) have
4been issued registry identification cards under the
5Compassionate Use of Medical Cannabis Pilot Program Act. After
6administering the product, the parent or guardian or other
7individual shall remove the product from the school premises or
8the school bus.
9    (c) A parent or guardian or other individual may not
10administer a medical cannabis infused product under this
11Section in a manner that, in the opinion of the school district
12or school, would create a disruption to the school's
13educational environment or would cause exposure of the product
14to other students.
15    (d) A school district or school may not discipline a
16student who is administered a medical cannabis infused product
17by a parent or guardian or other individual under this Section
18and may not deny the student's eligibility to attend school
19solely because the student requires the administration of the
20product.
21    (e) Nothing in this Section requires a member of a school's
22staff to administer a medical cannabis infused product to a
23student.
24    (f) A school district, public school, charter school, or
25nonpublic school may not authorize the use of a medical
26cannabis infused product under this Section if the school

 

 

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1district or school would lose federal funding as a result of
2the authorization.
3    (g) A school district, public school, charter school, or
4nonpublic school shall adopt a policy to implement this
5Section.
6(Source: P.A. 100-660, eff. 8-1-18.)
 
7    Section 40. The Medical Practice Act of 1987 is amended by
8changing Section 22 as follows:
 
9    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
10    (Section scheduled to be repealed on December 31, 2019)
11    Sec. 22. Disciplinary action.
12    (A) The Department may revoke, suspend, place on probation,
13reprimand, refuse to issue or renew, or take any other
14disciplinary or non-disciplinary action as the Department may
15deem proper with regard to the license or permit of any person
16issued under this Act, including imposing fines not to exceed
17$10,000 for each violation, upon any of the following grounds:
18        (1) Performance of an elective abortion in any place,
19    locale, facility, or institution other than:
20            (a) a facility licensed pursuant to the Ambulatory
21        Surgical Treatment Center Act;
22            (b) an institution licensed under the Hospital
23        Licensing Act;
24            (c) an ambulatory surgical treatment center or

 

 

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1        hospitalization or care facility maintained by the
2        State or any agency thereof, where such department or
3        agency has authority under law to establish and enforce
4        standards for the ambulatory surgical treatment
5        centers, hospitalization, or care facilities under its
6        management and control;
7            (d) ambulatory surgical treatment centers,
8        hospitalization or care facilities maintained by the
9        Federal Government; or
10            (e) ambulatory surgical treatment centers,
11        hospitalization or care facilities maintained by any
12        university or college established under the laws of
13        this State and supported principally by public funds
14        raised by taxation.
15        (2) Performance of an abortion procedure in a willful
16    and wanton manner on a woman who was not pregnant at the
17    time the abortion procedure was performed.
18        (3) A plea of guilty or nolo contendere, finding of
19    guilt, jury verdict, or entry of judgment or sentencing,
20    including, but not limited to, convictions, preceding
21    sentences of supervision, conditional discharge, or first
22    offender probation, under the laws of any jurisdiction of
23    the United States of any crime that is a felony.
24        (4) Gross negligence in practice under this Act.
25        (5) Engaging in dishonorable, unethical or
26    unprofessional conduct of a character likely to deceive,

 

 

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1    defraud or harm the public.
2        (6) Obtaining any fee by fraud, deceit, or
3    misrepresentation.
4        (7) Habitual or excessive use or abuse of drugs defined
5    in law as controlled substances, of alcohol, or of any
6    other substances which results in the inability to practice
7    with reasonable judgment, skill or safety.
8        (8) Practicing under a false or, except as provided by
9    law, an assumed name.
10        (9) Fraud or misrepresentation in applying for, or
11    procuring, a license under this Act or in connection with
12    applying for renewal of a license under this Act.
13        (10) Making a false or misleading statement regarding
14    their skill or the efficacy or value of the medicine,
15    treatment, or remedy prescribed by them at their direction
16    in the treatment of any disease or other condition of the
17    body or mind.
18        (11) Allowing another person or organization to use
19    their license, procured under this Act, to practice.
20        (12) Adverse action taken by another state or
21    jurisdiction against a license or other authorization to
22    practice as a medical doctor, doctor of osteopathy, doctor
23    of osteopathic medicine or doctor of chiropractic, a
24    certified copy of the record of the action taken by the
25    other state or jurisdiction being prima facie evidence
26    thereof. This includes any adverse action taken by a State

 

 

SB2023 Enrolled- 74 -LRB101 09588 JRG 54686 b

1    or federal agency that prohibits a medical doctor, doctor
2    of osteopathy, doctor of osteopathic medicine, or doctor of
3    chiropractic from providing services to the agency's
4    participants.
5        (13) Violation of any provision of this Act or of the
6    Medical Practice Act prior to the repeal of that Act, or
7    violation of the rules, or a final administrative action of
8    the Secretary, after consideration of the recommendation
9    of the Disciplinary Board.
10        (14) Violation of the prohibition against fee
11    splitting in Section 22.2 of this Act.
12        (15) A finding by the Disciplinary Board that the
13    registrant after having his or her license placed on
14    probationary status or subjected to conditions or
15    restrictions violated the terms of the probation or failed
16    to comply with such terms or conditions.
17        (16) Abandonment of a patient.
18        (17) Prescribing, selling, administering,
19    distributing, giving or self-administering any drug
20    classified as a controlled substance (designated product)
21    or narcotic for other than medically accepted therapeutic
22    purposes.
23        (18) Promotion of the sale of drugs, devices,
24    appliances or goods provided for a patient in such manner
25    as to exploit the patient for financial gain of the
26    physician.

 

 

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1        (19) Offering, undertaking or agreeing to cure or treat
2    disease by a secret method, procedure, treatment or
3    medicine, or the treating, operating or prescribing for any
4    human condition by a method, means or procedure which the
5    licensee refuses to divulge upon demand of the Department.
6        (20) Immoral conduct in the commission of any act
7    including, but not limited to, commission of an act of
8    sexual misconduct related to the licensee's practice.
9        (21) Willfully making or filing false records or
10    reports in his or her practice as a physician, including,
11    but not limited to, false records to support claims against
12    the medical assistance program of the Department of
13    Healthcare and Family Services (formerly Department of
14    Public Aid) under the Illinois Public Aid Code.
15        (22) Willful omission to file or record, or willfully
16    impeding the filing or recording, or inducing another
17    person to omit to file or record, medical reports as
18    required by law, or willfully failing to report an instance
19    of suspected abuse or neglect as required by law.
20        (23) Being named as a perpetrator in an indicated
21    report by the Department of Children and Family Services
22    under the Abused and Neglected Child Reporting Act, and
23    upon proof by clear and convincing evidence that the
24    licensee has caused a child to be an abused child or
25    neglected child as defined in the Abused and Neglected
26    Child Reporting Act.

 

 

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1        (24) Solicitation of professional patronage by any
2    corporation, agents or persons, or profiting from those
3    representing themselves to be agents of the licensee.
4        (25) Gross and willful and continued overcharging for
5    professional services, including filing false statements
6    for collection of fees for which services are not rendered,
7    including, but not limited to, filing such false statements
8    for collection of monies for services not rendered from the
9    medical assistance program of the Department of Healthcare
10    and Family Services (formerly Department of Public Aid)
11    under the Illinois Public Aid Code.
12        (26) A pattern of practice or other behavior which
13    demonstrates incapacity or incompetence to practice under
14    this Act.
15        (27) Mental illness or disability which results in the
16    inability to practice under this Act with reasonable
17    judgment, skill or safety.
18        (28) Physical illness, including, but not limited to,
19    deterioration through the aging process, or loss of motor
20    skill which results in a physician's inability to practice
21    under this Act with reasonable judgment, skill or safety.
22        (29) Cheating on or attempt to subvert the licensing
23    examinations administered under this Act.
24        (30) Willfully or negligently violating the
25    confidentiality between physician and patient except as
26    required by law.

 

 

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1        (31) The use of any false, fraudulent, or deceptive
2    statement in any document connected with practice under
3    this Act.
4        (32) Aiding and abetting an individual not licensed
5    under this Act in the practice of a profession licensed
6    under this Act.
7        (33) Violating state or federal laws or regulations
8    relating to controlled substances, legend drugs, or
9    ephedra as defined in the Ephedra Prohibition Act.
10        (34) Failure to report to the Department any adverse
11    final action taken against them by another licensing
12    jurisdiction (any other state or any territory of the
13    United States or any foreign state or country), by any peer
14    review body, by any health care institution, by any
15    professional society or association related to practice
16    under this Act, by any governmental agency, by any law
17    enforcement agency, or by any court for acts or conduct
18    similar to acts or conduct which would constitute grounds
19    for action as defined in this Section.
20        (35) Failure to report to the Department surrender of a
21    license or authorization to practice as a medical doctor, a
22    doctor of osteopathy, a doctor of osteopathic medicine, or
23    doctor of chiropractic in another state or jurisdiction, or
24    surrender of membership on any medical staff or in any
25    medical or professional association or society, while
26    under disciplinary investigation by any of those

 

 

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1    authorities or bodies, for acts or conduct similar to acts
2    or conduct which would constitute grounds for action as
3    defined in this Section.
4        (36) Failure to report to the Department any adverse
5    judgment, settlement, or award arising from a liability
6    claim related to acts or conduct similar to acts or conduct
7    which would constitute grounds for action as defined in
8    this Section.
9        (37) Failure to provide copies of medical records as
10    required by law.
11        (38) Failure to furnish the Department, its
12    investigators or representatives, relevant information,
13    legally requested by the Department after consultation
14    with the Chief Medical Coordinator or the Deputy Medical
15    Coordinator.
16        (39) Violating the Health Care Worker Self-Referral
17    Act.
18        (40) Willful failure to provide notice when notice is
19    required under the Parental Notice of Abortion Act of 1995.
20        (41) Failure to establish and maintain records of
21    patient care and treatment as required by this law.
22        (42) Entering into an excessive number of written
23    collaborative agreements with licensed advanced practice
24    registered nurses resulting in an inability to adequately
25    collaborate.
26        (43) Repeated failure to adequately collaborate with a

 

 

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1    licensed advanced practice registered nurse.
2        (44) Violating the Compassionate Use of Medical
3    Cannabis Pilot Program Act.
4        (45) Entering into an excessive number of written
5    collaborative agreements with licensed prescribing
6    psychologists resulting in an inability to adequately
7    collaborate.
8        (46) Repeated failure to adequately collaborate with a
9    licensed prescribing psychologist.
10        (47) Willfully failing to report an instance of
11    suspected abuse, neglect, financial exploitation, or
12    self-neglect of an eligible adult as defined in and
13    required by the Adult Protective Services Act.
14        (48) Being named as an abuser in a verified report by
15    the Department on Aging under the Adult Protective Services
16    Act, and upon proof by clear and convincing evidence that
17    the licensee abused, neglected, or financially exploited
18    an eligible adult as defined in the Adult Protective
19    Services Act.
20        (49) Entering into an excessive number of written
21    collaborative agreements with licensed physician
22    assistants resulting in an inability to adequately
23    collaborate.
24        (50) Repeated failure to adequately collaborate with a
25    physician assistant.
26    Except for actions involving the ground numbered (26), all

 

 

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1proceedings to suspend, revoke, place on probationary status,
2or take any other disciplinary action as the Department may
3deem proper, with regard to a license on any of the foregoing
4grounds, must be commenced within 5 years next after receipt by
5the Department of a complaint alleging the commission of or
6notice of the conviction order for any of the acts described
7herein. Except for the grounds numbered (8), (9), (26), and
8(29), no action shall be commenced more than 10 years after the
9date of the incident or act alleged to have violated this
10Section. For actions involving the ground numbered (26), a
11pattern of practice or other behavior includes all incidents
12alleged to be part of the pattern of practice or other behavior
13that occurred, or a report pursuant to Section 23 of this Act
14received, within the 10-year period preceding the filing of the
15complaint. In the event of the settlement of any claim or cause
16of action in favor of the claimant or the reduction to final
17judgment of any civil action in favor of the plaintiff, such
18claim, cause of action or civil action being grounded on the
19allegation that a person licensed under this Act was negligent
20in providing care, the Department shall have an additional
21period of 2 years from the date of notification to the
22Department under Section 23 of this Act of such settlement or
23final judgment in which to investigate and commence formal
24disciplinary proceedings under Section 36 of this Act, except
25as otherwise provided by law. The time during which the holder
26of the license was outside the State of Illinois shall not be

 

 

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1included within any period of time limiting the commencement of
2disciplinary action by the Department.
3    The entry of an order or judgment by any circuit court
4establishing that any person holding a license under this Act
5is a person in need of mental treatment operates as a
6suspension of that license. That person may resume their
7practice only upon the entry of a Departmental order based upon
8a finding by the Disciplinary Board that they have been
9determined to be recovered from mental illness by the court and
10upon the Disciplinary Board's recommendation that they be
11permitted to resume their practice.
12    The Department may refuse to issue or take disciplinary
13action concerning the license of any person who fails to file a
14return, or to pay the tax, penalty or interest shown in a filed
15return, or to pay any final assessment of tax, penalty or
16interest, as required by any tax Act administered by the
17Illinois Department of Revenue, until such time as the
18requirements of any such tax Act are satisfied as determined by
19the Illinois Department of Revenue.
20    The Department, upon the recommendation of the
21Disciplinary Board, shall adopt rules which set forth standards
22to be used in determining:
23        (a) when a person will be deemed sufficiently
24    rehabilitated to warrant the public trust;
25        (b) what constitutes dishonorable, unethical or
26    unprofessional conduct of a character likely to deceive,

 

 

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1    defraud, or harm the public;
2        (c) what constitutes immoral conduct in the commission
3    of any act, including, but not limited to, commission of an
4    act of sexual misconduct related to the licensee's
5    practice; and
6        (d) what constitutes gross negligence in the practice
7    of medicine.
8    However, no such rule shall be admissible into evidence in
9any civil action except for review of a licensing or other
10disciplinary action under this Act.
11    In enforcing this Section, the Disciplinary Board or the
12Licensing Board, upon a showing of a possible violation, may
13compel, in the case of the Disciplinary Board, any individual
14who is licensed to practice under this Act or holds a permit to
15practice under this Act, or, in the case of the Licensing
16Board, any individual who has applied for licensure or a permit
17pursuant to this Act, to submit to a mental or physical
18examination and evaluation, or both, which may include a
19substance abuse or sexual offender evaluation, as required by
20the Licensing Board or Disciplinary Board and at the expense of
21the Department. The Disciplinary Board or Licensing Board shall
22specifically designate the examining physician licensed to
23practice medicine in all of its branches or, if applicable, the
24multidisciplinary team involved in providing the mental or
25physical examination and evaluation, or both. The
26multidisciplinary team shall be led by a physician licensed to

 

 

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

 

 

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1related to the examination and evaluation shall be excluded by
2reason of any common law or statutory privilege relating to
3communication between the licensee, permit holder, or
4applicant and the examining physician or any member of the
5multidisciplinary team. No authorization is necessary from the
6licensee, permit holder, or applicant ordered to undergo an
7evaluation and examination for the examining physician or any
8member of the multidisciplinary team to provide information,
9reports, records, or other documents or to provide any
10testimony regarding the examination and evaluation. The
11individual to be examined may have, at his or her own expense,
12another physician of his or her choice present during all
13aspects of the examination. Failure of any individual to submit
14to mental or physical examination and evaluation, or both, when
15directed, shall result in an automatic suspension, without
16hearing, until such time as the individual submits to the
17examination. If the Disciplinary Board or Licensing Board finds
18a physician unable to practice following an examination and
19evaluation because of the reasons set forth in this Section,
20the Disciplinary Board or Licensing Board shall require such
21physician to submit to care, counseling, or treatment by
22physicians, or other health care professionals, approved or
23designated by the Disciplinary Board, as a condition for
24issued, continued, reinstated, or renewed licensure to
25practice. Any physician, whose license was granted pursuant to
26Sections 9, 17, or 19 of this Act, or, continued, reinstated,

 

 

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1renewed, disciplined or supervised, subject to such terms,
2conditions or restrictions who shall fail to comply with such
3terms, conditions or restrictions, or to complete a required
4program of care, counseling, or treatment, as determined by the
5Chief Medical Coordinator or Deputy Medical Coordinators,
6shall be referred to the Secretary for a determination as to
7whether the licensee shall have their license suspended
8immediately, pending a hearing by the Disciplinary Board. In
9instances in which the Secretary immediately suspends a license
10under this Section, a hearing upon such person's license must
11be convened by the Disciplinary Board within 15 days after such
12suspension and completed without appreciable delay. The
13Disciplinary Board shall have the authority to review the
14subject physician's record of treatment and counseling
15regarding the impairment, to the extent permitted by applicable
16federal statutes and regulations safeguarding the
17confidentiality of medical records.
18    An individual licensed under this Act, affected under this
19Section, shall be afforded an opportunity to demonstrate to the
20Disciplinary Board that they can resume practice in compliance
21with acceptable and prevailing standards under the provisions
22of their license.
23    The Department may promulgate rules for the imposition of
24fines in disciplinary cases, not to exceed $10,000 for each
25violation of this Act. Fines may be imposed in conjunction with
26other forms of disciplinary action, but shall not be the

 

 

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1exclusive disposition of any disciplinary action arising out of
2conduct resulting in death or injury to a patient. Any funds
3collected from such fines shall be deposited in the Illinois
4State Medical Disciplinary Fund.
5    All fines imposed under this Section shall be paid within
660 days after the effective date of the order imposing the fine
7or in accordance with the terms set forth in the order imposing
8the fine.
9    (B) The Department shall revoke the license or permit
10issued under this Act to practice medicine or a chiropractic
11physician who has been convicted a second time of committing
12any felony under the Illinois Controlled Substances Act or the
13Methamphetamine Control and Community Protection Act, or who
14has been convicted a second time of committing a Class 1 felony
15under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
16person whose license or permit is revoked under this subsection
17B shall be prohibited from practicing medicine or treating
18human ailments without the use of drugs and without operative
19surgery.
20    (C) The Department shall not revoke, suspend, place on
21probation, reprimand, refuse to issue or renew, or take any
22other disciplinary or non-disciplinary action against the
23license or permit issued under this Act to practice medicine to
24a physician:
25        (1) based solely upon the recommendation of the
26    physician to an eligible patient regarding, or

 

 

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1    prescription for, or treatment with, an investigational
2    drug, biological product, or device; or
3        (2) for experimental treatment for Lyme disease or
4    other tick-borne diseases, including, but not limited to,
5    the prescription of or treatment with long-term
6    antibiotics.
7    (D) The Disciplinary Board shall recommend to the
8Department civil penalties and any other appropriate
9discipline in disciplinary cases when the Board finds that a
10physician willfully performed an abortion with actual
11knowledge that the person upon whom the abortion has been
12performed is a minor or an incompetent person without notice as
13required under the Parental Notice of Abortion Act of 1995.
14Upon the Board's recommendation, the Department shall impose,
15for the first violation, a civil penalty of $1,000 and for a
16second or subsequent violation, a civil penalty of $5,000.
17(Source: P.A. 99-270, eff. 1-1-16; 99-933, eff. 1-27-17;
18100-429, eff. 8-25-17; 100-513, eff. 1-1-18; 100-605, eff.
191-1-19; 100-863, eff. 8-14-18; 100-1137, eff. 1-1-19; revised
2012-19-18.)
 
21    Section 45. The Nurse Practice Act is amended by changing
22Section 70-5 as follows:
 
23    (225 ILCS 65/70-5)   (was 225 ILCS 65/10-45)
24    (Section scheduled to be repealed on January 1, 2028)

 

 

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1    Sec. 70-5. Grounds for disciplinary action.
2    (a) The Department may refuse to issue or to renew, or may
3revoke, suspend, place on probation, reprimand, or take other
4disciplinary or non-disciplinary action as the Department may
5deem appropriate, including fines not to exceed $10,000 per
6violation, with regard to a license for any one or combination
7of the causes set forth in subsection (b) below. All fines
8collected under this Section shall be deposited in the Nursing
9Dedicated and Professional Fund.
10    (b) Grounds for disciplinary action include the following:
11        (1) Material deception in furnishing information to
12    the Department.
13        (2) Material violations of any provision of this Act or
14    violation of the rules of or final administrative action of
15    the Secretary, after consideration of the recommendation
16    of the Board.
17        (3) Conviction by plea of guilty or nolo contendere,
18    finding of guilt, jury verdict, or entry of judgment or by
19    sentencing of any crime, including, but not limited to,
20    convictions, preceding sentences of supervision,
21    conditional discharge, or first offender probation, under
22    the laws of any jurisdiction of the United States: (i) that
23    is a felony; or (ii) that is a misdemeanor, an essential
24    element of which is dishonesty, or that is directly related
25    to the practice of the profession.
26        (4) A pattern of practice or other behavior which

 

 

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1    demonstrates incapacity or incompetency to practice under
2    this Act.
3        (5) Knowingly aiding or assisting another person in
4    violating any provision of this Act or rules.
5        (6) Failing, within 90 days, to provide a response to a
6    request for information in response to a written request
7    made by the Department by certified or registered mail or
8    by email to the email address of record.
9        (7) Engaging in dishonorable, unethical or
10    unprofessional conduct of a character likely to deceive,
11    defraud or harm the public, as defined by rule.
12        (8) Unlawful taking, theft, selling, distributing, or
13    manufacturing of any drug, narcotic, or prescription
14    device.
15        (9) Habitual or excessive use or addiction to alcohol,
16    narcotics, stimulants, or any other chemical agent or drug
17    that could result in a licensee's inability to practice
18    with reasonable judgment, skill or safety.
19        (10) Discipline by another U.S. jurisdiction or
20    foreign nation, if at least one of the grounds for the
21    discipline is the same or substantially equivalent to those
22    set forth in this Section.
23        (11) A finding that the licensee, after having her or
24    his license placed on probationary status or subject to
25    conditions or restrictions, has violated the terms of
26    probation or failed to comply with such terms or

 

 

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1    conditions.
2        (12) Being named as a perpetrator in an indicated
3    report by the Department of Children and Family Services
4    and under the Abused and Neglected Child Reporting Act, and
5    upon proof by clear and convincing evidence that the
6    licensee has caused a child to be an abused child or
7    neglected child as defined in the Abused and Neglected
8    Child Reporting Act.
9        (13) Willful omission to file or record, or willfully
10    impeding the filing or recording or inducing another person
11    to omit to file or record medical reports as required by
12    law.
13        (13.5) Willfully failing to report an instance of
14    suspected child abuse or neglect as required by the Abused
15    and Neglected Child Reporting Act.
16        (14) Gross negligence in the practice of practical,
17    professional, or advanced practice registered nursing.
18        (15) Holding oneself out to be practicing nursing under
19    any name other than one's own.
20        (16) Failure of a licensee to report to the Department
21    any adverse final action taken against him or her by
22    another licensing jurisdiction of the United States or any
23    foreign state or country, any peer review body, any health
24    care institution, any professional or nursing society or
25    association, any governmental agency, any law enforcement
26    agency, or any court or a nursing liability claim related

 

 

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1    to acts or conduct similar to acts or conduct that would
2    constitute grounds for action as defined in this Section.
3        (17) Failure of a licensee to report to the Department
4    surrender by the licensee of a license or authorization to
5    practice nursing or advanced practice registered nursing
6    in another state or jurisdiction or current surrender by
7    the licensee of membership on any nursing staff or in any
8    nursing or advanced practice registered nursing or
9    professional association or society while under
10    disciplinary investigation by any of those authorities or
11    bodies for acts or conduct similar to acts or conduct that
12    would constitute grounds for action as defined by this
13    Section.
14        (18) Failing, within 60 days, to provide information in
15    response to a written request made by the Department.
16        (19) Failure to establish and maintain records of
17    patient care and treatment as required by law.
18        (20) Fraud, deceit or misrepresentation in applying
19    for or procuring a license under this Act or in connection
20    with applying for renewal of a license under this Act.
21        (21) Allowing another person or organization to use the
22    licensees' license to deceive the public.
23        (22) Willfully making or filing false records or
24    reports in the licensee's practice, including but not
25    limited to false records to support claims against the
26    medical assistance program of the Department of Healthcare

 

 

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1    and Family Services (formerly Department of Public Aid)
2    under the Illinois Public Aid Code.
3        (23) Attempting to subvert or cheat on a licensing
4    examination administered under this Act.
5        (24) Immoral conduct in the commission of an act,
6    including, but not limited to, sexual abuse, sexual
7    misconduct, or sexual exploitation, related to the
8    licensee's practice.
9        (25) Willfully or negligently violating the
10    confidentiality between nurse and patient except as
11    required by law.
12        (26) Practicing under a false or assumed name, except
13    as provided by law.
14        (27) The use of any false, fraudulent, or deceptive
15    statement in any document connected with the licensee's
16    practice.
17        (28) Directly or indirectly giving to or receiving from
18    a person, firm, corporation, partnership, or association a
19    fee, commission, rebate, or other form of compensation for
20    professional services not actually or personally rendered.
21    Nothing in this paragraph (28) affects any bona fide
22    independent contractor or employment arrangements among
23    health care professionals, health facilities, health care
24    providers, or other entities, except as otherwise
25    prohibited by law. Any employment arrangements may include
26    provisions for compensation, health insurance, pension, or

 

 

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1    other employment benefits for the provision of services
2    within the scope of the licensee's practice under this Act.
3    Nothing in this paragraph (28) shall be construed to
4    require an employment arrangement to receive professional
5    fees for services rendered.
6        (29) A violation of the Health Care Worker
7    Self-Referral Act.
8        (30) Physical illness, mental illness, or disability
9    that results in the inability to practice the profession
10    with reasonable judgment, skill, or safety.
11        (31) Exceeding the terms of a collaborative agreement
12    or the prescriptive authority delegated to a licensee by
13    his or her collaborating physician or podiatric physician
14    in guidelines established under a written collaborative
15    agreement.
16        (32) Making a false or misleading statement regarding a
17    licensee's skill or the efficacy or value of the medicine,
18    treatment, or remedy prescribed by him or her in the course
19    of treatment.
20        (33) Prescribing, selling, administering,
21    distributing, giving, or self-administering a drug
22    classified as a controlled substance (designated product)
23    or narcotic for other than medically accepted therapeutic
24    purposes.
25        (34) Promotion of the sale of drugs, devices,
26    appliances, or goods provided for a patient in a manner to

 

 

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1    exploit the patient for financial gain.
2        (35) Violating State or federal laws, rules, or
3    regulations relating to controlled substances.
4        (36) Willfully or negligently violating the
5    confidentiality between an advanced practice registered
6    nurse, collaborating physician, dentist, or podiatric
7    physician and a patient, except as required by law.
8        (37) Willfully failing to report an instance of
9    suspected abuse, neglect, financial exploitation, or
10    self-neglect of an eligible adult as defined in and
11    required by the Adult Protective Services Act.
12        (38) Being named as an abuser in a verified report by
13    the Department on Aging and under the Adult Protective
14    Services Act, and upon proof by clear and convincing
15    evidence that the licensee abused, neglected, or
16    financially exploited an eligible adult as defined in the
17    Adult Protective Services Act.
18        (39) A violation of any provision of this Act or any
19    rules adopted under this Act.
20        (40) Violating the Compassionate Use of Medical
21    Cannabis Program Act.
22    (c) The determination by a circuit court that a licensee is
23subject to involuntary admission or judicial admission as
24provided in the Mental Health and Developmental Disabilities
25Code, as amended, operates as an automatic suspension. The
26suspension will end only upon a finding by a court that the

 

 

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1patient is no longer subject to involuntary admission or
2judicial admission and issues an order so finding and
3discharging the patient; and upon the recommendation of the
4Board to the Secretary that the licensee be allowed to resume
5his or her practice.
6    (d) The Department may refuse to issue or may suspend or
7otherwise discipline the license of any person who fails to
8file a return, or to pay the tax, penalty or interest shown in
9a filed return, or to pay any final assessment of the tax,
10penalty, or interest as required by any tax Act administered by
11the Department of Revenue, until such time as the requirements
12of any such tax Act are satisfied.
13    (e) In enforcing this Act, the Department, upon a showing
14of a possible violation, may compel an individual licensed to
15practice under this Act or who has applied for licensure under
16this Act, to submit to a mental or physical examination, or
17both, as required by and at the expense of the Department. The
18Department may order the examining physician to present
19testimony concerning the mental or physical examination of the
20licensee or applicant. No information shall be excluded by
21reason of any common law or statutory privilege relating to
22communications between the licensee or applicant and the
23examining physician. The examining physicians shall be
24specifically designated by the Department. The individual to be
25examined may have, at his or her own expense, another physician
26of his or her choice present during all aspects of this

 

 

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1examination. Failure of an individual to submit to a mental or
2physical examination, when directed, shall result in an
3automatic suspension without hearing.
4    All substance-related violations shall mandate an
5automatic substance abuse assessment. Failure to submit to an
6assessment by a licensed physician who is certified as an
7addictionist or an advanced practice registered nurse with
8specialty certification in addictions may be grounds for an
9automatic suspension, as defined by rule.
10    If the Department finds an individual unable to practice or
11unfit for duty because of the reasons set forth in this
12subsection (e), the Department may require that individual to
13submit to a substance abuse evaluation or treatment by
14individuals or programs approved or designated by the
15Department, as a condition, term, or restriction for continued,
16restored, or renewed licensure to practice; or, in lieu of
17evaluation or treatment, the Department may file, or the Board
18may recommend to the Department to file, a complaint to
19immediately suspend, revoke, or otherwise discipline the
20license of the individual. An individual whose license was
21granted, continued, restored, renewed, disciplined or
22supervised subject to such terms, conditions, or restrictions,
23and who fails to comply with such terms, conditions, or
24restrictions, shall be referred to the Secretary for a
25determination as to whether the individual shall have his or
26her license suspended immediately, pending a hearing by the

 

 

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1Department.
2    In instances in which the Secretary immediately suspends a
3person's license under this subsection (e), a hearing on that
4person's license must be convened by the Department within 15
5days after the suspension and completed without appreciable
6delay. The Department and Board shall have the authority to
7review the subject individual's record of treatment and
8counseling regarding the impairment to the extent permitted by
9applicable federal statutes and regulations safeguarding the
10confidentiality of medical records.
11    An individual licensed under this Act and affected under
12this subsection (e) shall be afforded an opportunity to
13demonstrate to the Department that he or she can resume
14practice in compliance with nursing standards under the
15provisions of his or her license.
16(Source: P.A. 100-513, eff. 1-1-18.)
 
17    Section 50. The Physician Assistant Practice Act of 1987 is
18amended by changing Section 21 as follows:
 
19    (225 ILCS 95/21)  (from Ch. 111, par. 4621)
20    (Section scheduled to be repealed on January 1, 2028)
21    Sec. 21. Grounds for disciplinary action.
22    (a) The Department may refuse to issue or to renew, or may
23revoke, suspend, place on probation, reprimand, or take other
24disciplinary or non-disciplinary action with regard to any

 

 

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1license issued under this Act as the Department may deem
2proper, including the issuance of fines not to exceed $10,000
3for each violation, for any one or combination of the following
4causes:
5        (1) Material misstatement in furnishing information to
6    the Department.
7        (2) Violations of this Act, or the rules adopted under
8    this Act.
9        (3) Conviction by plea of guilty or nolo contendere,
10    finding of guilt, jury verdict, or entry of judgment or
11    sentencing, including, but not limited to, convictions,
12    preceding sentences of supervision, conditional discharge,
13    or first offender probation, under the laws of any
14    jurisdiction of the United States that is: (i) a felony; or
15    (ii) a misdemeanor, an essential element of which is
16    dishonesty, or that is directly related to the practice of
17    the profession.
18        (4) Making any misrepresentation for the purpose of
19    obtaining licenses.
20        (5) Professional incompetence.
21        (6) Aiding or assisting another person in violating any
22    provision of this Act or its rules.
23        (7) Failing, within 60 days, to provide information in
24    response to a written request made by the Department.
25        (8) Engaging in dishonorable, unethical, or
26    unprofessional conduct, as defined by rule, of a character

 

 

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1    likely to deceive, defraud, or harm the public.
2        (9) Habitual or excessive use or addiction to alcohol,
3    narcotics, stimulants, or any other chemical agent or drug
4    that results in a physician assistant's inability to
5    practice with reasonable judgment, skill, or safety.
6        (10) Discipline by another U.S. jurisdiction or
7    foreign nation, if at least one of the grounds for
8    discipline is the same or substantially equivalent to those
9    set forth in this Section.
10        (11) Directly or indirectly giving to or receiving from
11    any person, firm, corporation, partnership, or association
12    any fee, commission, rebate or other form of compensation
13    for any professional services not actually or personally
14    rendered. Nothing in this paragraph (11) affects any bona
15    fide independent contractor or employment arrangements,
16    which may include provisions for compensation, health
17    insurance, pension, or other employment benefits, with
18    persons or entities authorized under this Act for the
19    provision of services within the scope of the licensee's
20    practice under this Act.
21        (12) A finding by the Disciplinary Board that the
22    licensee, after having his or her license placed on
23    probationary status has violated the terms of probation.
24        (13) Abandonment of a patient.
25        (14) Willfully making or filing false records or
26    reports in his or her practice, including but not limited

 

 

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1    to false records filed with state agencies or departments.
2        (15) Willfully failing to report an instance of
3    suspected child abuse or neglect as required by the Abused
4    and Neglected Child Reporting Act.
5        (16) Physical illness, or mental illness or impairment
6    that results in the inability to practice the profession
7    with reasonable judgment, skill, or safety, including, but
8    not limited to, deterioration through the aging process or
9    loss of motor skill.
10        (17) Being named as a perpetrator in an indicated
11    report by the Department of Children and Family Services
12    under the Abused and Neglected Child Reporting Act, and
13    upon proof by clear and convincing evidence that the
14    licensee has caused a child to be an abused child or
15    neglected child as defined in the Abused and Neglected
16    Child Reporting Act.
17        (18) (Blank).
18        (19) Gross negligence resulting in permanent injury or
19    death of a patient.
20        (20) Employment of fraud, deception or any unlawful
21    means in applying for or securing a license as a physician
22    assistant.
23        (21) Exceeding the authority delegated to him or her by
24    his or her collaborating physician in a written
25    collaborative agreement.
26        (22) Immoral conduct in the commission of any act, such

 

 

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1    as sexual abuse, sexual misconduct, or sexual exploitation
2    related to the licensee's practice.
3        (23) Violation of the Health Care Worker Self-Referral
4    Act.
5        (24) Practicing under a false or assumed name, except
6    as provided by law.
7        (25) Making a false or misleading statement regarding
8    his or her skill or the efficacy or value of the medicine,
9    treatment, or remedy prescribed by him or her in the course
10    of treatment.
11        (26) Allowing another person to use his or her license
12    to practice.
13        (27) Prescribing, selling, administering,
14    distributing, giving, or self-administering a drug
15    classified as a controlled substance for other than
16    medically-accepted therapeutic purposes.
17        (28) Promotion of the sale of drugs, devices,
18    appliances, or goods provided for a patient in a manner to
19    exploit the patient for financial gain.
20        (29) A pattern of practice or other behavior that
21    demonstrates incapacity or incompetence to practice under
22    this Act.
23        (30) Violating State or federal laws or regulations
24    relating to controlled substances or other legend drugs or
25    ephedra as defined in the Ephedra Prohibition Act.
26        (31) Exceeding the prescriptive authority delegated by

 

 

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1    the collaborating physician or violating the written
2    collaborative agreement delegating that authority.
3        (32) Practicing without providing to the Department a
4    notice of collaboration or delegation of prescriptive
5    authority.
6        (33) Failure to establish and maintain records of
7    patient care and treatment as required by law.
8        (34) Attempting to subvert or cheat on the examination
9    of the National Commission on Certification of Physician
10    Assistants or its successor agency.
11        (35) Willfully or negligently violating the
12    confidentiality between physician assistant and patient,
13    except as required by law.
14        (36) Willfully failing to report an instance of
15    suspected abuse, neglect, financial exploitation, or
16    self-neglect of an eligible adult as defined in and
17    required by the Adult Protective Services Act.
18        (37) Being named as an abuser in a verified report by
19    the Department on Aging under the Adult Protective Services
20    Act and upon proof by clear and convincing evidence that
21    the licensee abused, neglected, or financially exploited
22    an eligible adult as defined in the Adult Protective
23    Services Act.
24        (38) Failure to report to the Department an adverse
25    final action taken against him or her by another licensing
26    jurisdiction of the United States or a foreign state or

 

 

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1    country, a peer review body, a health care institution, a
2    professional society or association, a governmental
3    agency, a law enforcement agency, or a court acts or
4    conduct similar to acts or conduct that would constitute
5    grounds for action under this Section.
6        (39) Failure to provide copies of records of patient
7    care or treatment, except as required by law.
8        (40) Entering into an excessive number of written
9    collaborative agreements with licensed physicians
10    resulting in an inability to adequately collaborate.
11        (41) Repeated failure to adequately collaborate with a
12    collaborating physician.
13        (42) Violating the Compassionate Use of Medical
14    Cannabis Program Act.
15    (b) The Department may, without a hearing, refuse to issue
16or renew or may suspend the license of any person who fails to
17file a return, or to pay the tax, penalty or interest shown in
18a filed return, or to pay any final assessment of the tax,
19penalty, or interest as required by any tax Act administered by
20the Illinois Department of Revenue, until such time as the
21requirements of any such tax Act are satisfied.
22    (c) The determination by a circuit court that a licensee is
23subject to involuntary admission or judicial admission as
24provided in the Mental Health and Developmental Disabilities
25Code operates as an automatic suspension. The suspension will
26end only upon a finding by a court that the patient is no

 

 

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1longer subject to involuntary admission or judicial admission
2and issues an order so finding and discharging the patient, and
3upon the recommendation of the Disciplinary Board to the
4Secretary that the licensee be allowed to resume his or her
5practice.
6    (d) In enforcing this Section, the Department upon a
7showing of a possible violation may compel an individual
8licensed to practice under this Act, or who has applied for
9licensure under this Act, to submit to a mental or physical
10examination, or both, which may include a substance abuse or
11sexual offender evaluation, as required by and at the expense
12of the Department.
13    The Department shall specifically designate the examining
14physician licensed to practice medicine in all of its branches
15or, if applicable, the multidisciplinary team involved in
16providing the mental or physical examination or both. The
17multidisciplinary team shall be led by a physician licensed to
18practice medicine in all of its branches and may consist of one
19or more or a combination of physicians licensed to practice
20medicine in all of its branches, licensed clinical
21psychologists, licensed clinical social workers, licensed
22clinical professional counselors, and other professional and
23administrative staff. Any examining physician or member of the
24multidisciplinary team may require any person ordered to submit
25to an examination pursuant to this Section to submit to any
26additional supplemental testing deemed necessary to complete

 

 

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1any examination or evaluation process, including, but not
2limited to, blood testing, urinalysis, psychological testing,
3or neuropsychological testing.
4    The Department may order the examining physician or any
5member of the multidisciplinary team to provide to the
6Department any and all records, including business records,
7that relate to the examination and evaluation, including any
8supplemental testing performed.
9    The Department may order the examining physician or any
10member of the multidisciplinary team to present testimony
11concerning the mental or physical examination of the licensee
12or applicant. No information, report, record, or other
13documents in any way related to the examination shall be
14excluded by reason of any common law or statutory privilege
15relating to communications between the licensee or applicant
16and the examining physician or any member of the
17multidisciplinary team. No authorization is necessary from the
18licensee or applicant ordered to undergo an examination for the
19examining physician or any member of the multidisciplinary team
20to provide information, reports, records, or other documents or
21to provide any testimony regarding the examination and
22evaluation.
23    The individual to be examined may have, at his or her own
24expense, another physician of his or her choice present during
25all aspects of this examination. However, that physician shall
26be present only to observe and may not interfere in any way

 

 

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1with the examination.
2     Failure of an individual to submit to a mental or physical
3examination, when ordered, shall result in an automatic
4suspension of his or her license until the individual submits
5to the examination.
6    If the Department finds an individual unable to practice
7because of the reasons set forth in this Section, the
8Department may require that individual to submit to care,
9counseling, or treatment by physicians approved or designated
10by the Department, as a condition, term, or restriction for
11continued, reinstated, or renewed licensure to practice; or, in
12lieu of care, counseling, or treatment, the Department may file
13a complaint to immediately suspend, revoke, or otherwise
14discipline the license of the individual. An individual whose
15license was granted, continued, reinstated, renewed,
16disciplined, or supervised subject to such terms, conditions,
17or restrictions, and who fails to comply with such terms,
18conditions, or restrictions, shall be referred to the Secretary
19for a determination as to whether the individual shall have his
20or her license suspended immediately, pending a hearing by the
21Department.
22    In instances in which the Secretary immediately suspends a
23person's license under this Section, a hearing on that person's
24license must be convened by the Department within 30 days after
25the suspension and completed without appreciable delay. The
26Department shall have the authority to review the subject

 

 

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1individual's record of treatment and counseling regarding the
2impairment to the extent permitted by applicable federal
3statutes and regulations safeguarding the confidentiality of
4medical records.
5    An individual licensed under this Act and affected under
6this Section shall be afforded an opportunity to demonstrate to
7the Department that he or she can resume practice in compliance
8with acceptable and prevailing standards under the provisions
9of his or her license.
10    (e) An individual or organization acting in good faith, and
11not in a willful and wanton manner, in complying with this
12Section by providing a report or other information to the
13Board, by assisting in the investigation or preparation of a
14report or information, by participating in proceedings of the
15Board, or by serving as a member of the Board, shall not be
16subject to criminal prosecution or civil damages as a result of
17such actions.
18    (f) Members of the Board and the Disciplinary Board shall
19be indemnified by the State for any actions occurring within
20the scope of services on the Disciplinary Board or Board, done
21in good faith and not willful and wanton in nature. The
22Attorney General shall defend all such actions unless he or she
23determines either that there would be a conflict of interest in
24such representation or that the actions complained of were not
25in good faith or were willful and wanton.
26    If the Attorney General declines representation, the

 

 

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1member has the right to employ counsel of his or her choice,
2whose fees shall be provided by the State, after approval by
3the Attorney General, unless there is a determination by a
4court that the member's actions were not in good faith or were
5willful and wanton.
6    The member must notify the Attorney General within 7 days
7after receipt of notice of the initiation of any action
8involving services of the Disciplinary Board. Failure to so
9notify the Attorney General constitutes an absolute waiver of
10the right to a defense and indemnification.
11    The Attorney General shall determine, within 7 days after
12receiving such notice, whether he or she will undertake to
13represent the member.
14(Source: P.A. 100-453, eff. 8-25-17; 100-605, eff. 1-1-19.)
 
15    Section 55. The Compassionate Use of Medical Cannabis Pilot
16Program Act is amended by changing Sections 1, 7, 10, 25, 30,
1735, 36, 40, 45, 55, 57, 60, 62, 75, 105, 115, 130, 145, 160,
18195, and 200 and adding Section 173 as follows:
 
19    (410 ILCS 130/1)
20    (Section scheduled to be repealed on July 1, 2020)
21    Sec. 1. Short title. This Act may be cited as the
22Compassionate Use of Medical Cannabis Pilot Program Act.
23(Source: P.A. 98-122, eff. 1-1-14.)
 

 

 

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1    (410 ILCS 130/7)
2    (Section scheduled to be repealed on July 1, 2020)
3    Sec. 7. Lawful user and lawful products. For the purposes
4of this Act and to clarify the legislative findings on the
5lawful use of cannabis:
6        (1) A cardholder under this Act shall not be considered
7    an unlawful user or addicted to narcotics solely as a
8    result of his or her qualifying patient or designated
9    caregiver status.
10        (2) All medical cannabis products purchased by a
11    qualifying patient at a licensed dispensing organization
12    shall be lawful products and a distinction shall be made
13    between medical and non-medical uses of cannabis as a
14    result of the qualifying patient's cardholder status,
15    provisional registration for qualifying patient cardholder
16    status, or participation in the Opioid Alternative Pilot
17    Program under the authorized use granted under State law.
18        (3) An individual with a provisional registration for
19    qualifying patient cardholder status, a qualifying patient
20    in the Compassionate Use of Medical Cannabis Program
21    medical cannabis pilot program, or an Opioid Alternative
22    Pilot Program participant under Section 62 shall not be
23    considered an unlawful user or addicted to narcotics solely
24    as a result of his or her application to or participation
25    in the program.
26(Source: P.A. 99-519, eff. 6-30-16; 100-1114, eff. 8-28-18.)
 

 

 

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1    (410 ILCS 130/10)
2    (Section scheduled to be repealed on July 1, 2020)
3    Sec. 10. Definitions. The following terms, as used in this
4Act, shall have the meanings set forth in this Section:
5    (a) "Adequate supply" means:
6        (1) 2.5 ounces of usable cannabis during a period of 14
7    days and that is derived solely from an intrastate source.
8        (2) Subject to the rules of the Department of Public
9    Health, a patient may apply for a waiver where a certifying
10    health care professional physician provides a substantial
11    medical basis in a signed, written statement asserting
12    that, based on the patient's medical history, in the
13    certifying health care professional's physician's
14    professional judgment, 2.5 ounces is an insufficient
15    adequate supply for a 14-day period to properly alleviate
16    the patient's debilitating medical condition or symptoms
17    associated with the debilitating medical condition.
18        (3) This subsection may not be construed to authorize
19    the possession of more than 2.5 ounces at any time without
20    authority from the Department of Public Health.
21        (4) The pre-mixed weight of medical cannabis used in
22    making a cannabis infused product shall apply toward the
23    limit on the total amount of medical cannabis a registered
24    qualifying patient may possess at any one time.
25    (a-5) "Advanced practice registered nurse" means a person

 

 

SB2023 Enrolled- 111 -LRB101 09588 JRG 54686 b

1who is licensed under the Nurse Practice Act as an advanced
2practice registered nurse and has a controlled substances
3license under Article III of the Illinois Controlled Substances
4Act.
5    (b) "Cannabis" has the meaning given that term in Section 3
6of the Cannabis Control Act.
7    (c) "Cannabis plant monitoring system" means a system that
8includes, but is not limited to, testing and data collection
9established and maintained by the registered cultivation
10center and available to the Department for the purposes of
11documenting each cannabis plant and for monitoring plant
12development throughout the life cycle of a cannabis plant
13cultivated for the intended use by a qualifying patient from
14seed planting to final packaging.
15    (d) "Cardholder" means a qualifying patient or a designated
16caregiver who has been issued and possesses a valid registry
17identification card by the Department of Public Health.
18    (d-5) "Certifying health care professional" means a
19physician, an advanced practice registered nurse, or a
20physician assistant.
21    (e) "Cultivation center" means a facility operated by an
22organization or business that is registered by the Department
23of Agriculture to perform necessary activities to provide only
24registered medical cannabis dispensing organizations with
25usable medical cannabis.
26    (f) "Cultivation center agent" means a principal officer,

 

 

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1board member, employee, or agent of a registered cultivation
2center who is 21 years of age or older and has not been
3convicted of an excluded offense.
4    (g) "Cultivation center agent identification card" means a
5document issued by the Department of Agriculture that
6identifies a person as a cultivation center agent.
7    (h) "Debilitating medical condition" means one or more of
8the following:
9        (1) cancer, glaucoma, positive status for human
10    immunodeficiency virus, acquired immune deficiency
11    syndrome, hepatitis C, amyotrophic lateral sclerosis,
12    Crohn's disease (including, but not limited to, ulcerative
13    colitis), agitation of Alzheimer's disease,
14    cachexia/wasting syndrome, muscular dystrophy, severe
15    fibromyalgia, spinal cord disease, including but not
16    limited to arachnoiditis, Tarlov cysts, hydromyelia,
17    syringomyelia, Rheumatoid arthritis, fibrous dysplasia,
18    spinal cord injury, traumatic brain injury and
19    post-concussion syndrome, Multiple Sclerosis,
20    Arnold-Chiari malformation and Syringomyelia,
21    Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's,
22    Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD
23    (Complex Regional Pain Syndromes Type I), Causalgia, CRPS
24    (Complex Regional Pain Syndromes Type II),
25    Neurofibromatosis, Chronic Inflammatory Demyelinating
26    Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial

 

 

SB2023 Enrolled- 113 -LRB101 09588 JRG 54686 b

1    Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella
2    syndrome, residual limb pain, seizures (including those
3    characteristic of epilepsy), post-traumatic stress
4    disorder (PTSD), autism, chronic pain, irritable bowel
5    syndrome, migraines, osteoarthritis, anorexia nervosa,
6    Ehlers-Danlos Syndrome, Neuro-Behcet's Autoimmune Disease,
7    neuropathy, polycystic kidney disease, superior canal
8    dehiscence syndrome, or the treatment of these conditions;
9        (1.5) terminal illness with a diagnosis of 6 months or
10    less; if the terminal illness is not one of the qualifying
11    debilitating medical conditions, then the certifying
12    health care professional physician shall on the
13    certification form identify the cause of the terminal
14    illness; or
15        (2) any other debilitating medical condition or its
16    treatment that is added by the Department of Public Health
17    by rule as provided in Section 45.
18    (i) "Designated caregiver" means a person who: (1) is at
19least 21 years of age; (2) has agreed to assist with a
20patient's medical use of cannabis; (3) has not been convicted
21of an excluded offense; and (4) assists no more than one
22registered qualifying patient with his or her medical use of
23cannabis.
24    (j) "Dispensing organization agent identification card"
25means a document issued by the Department of Financial and
26Professional Regulation that identifies a person as a medical

 

 

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1cannabis dispensing organization agent.
2    (k) "Enclosed, locked facility" means a room, greenhouse,
3building, or other enclosed area equipped with locks or other
4security devices that permit access only by a cultivation
5center's agents or a dispensing organization's agent working
6for the registered cultivation center or the registered
7dispensing organization to cultivate, store, and distribute
8cannabis for registered qualifying patients.
9    (l) "Excluded offense" for cultivation center agents and
10dispensing organizations means:
11        (1) a violent crime defined in Section 3 of the Rights
12    of Crime Victims and Witnesses Act or a substantially
13    similar offense that was classified as a felony in the
14    jurisdiction where the person was convicted; or
15        (2) a violation of a state or federal controlled
16    substance law, the Cannabis Control Act, or the
17    Methamphetamine Control and Community Protection Act that
18    was classified as a felony in the jurisdiction where the
19    person was convicted, except that the registering
20    Department may waive this restriction if the person
21    demonstrates to the registering Department's satisfaction
22    that his or her conviction was for the possession,
23    cultivation, transfer, or delivery of a reasonable amount
24    of cannabis intended for medical use. This exception does
25    not apply if the conviction was under state law and
26    involved a violation of an existing medical cannabis law.

 

 

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1    For purposes of this subsection, the Department of Public
2Health shall determine by emergency rule within 30 days after
3the effective date of this amendatory Act of the 99th General
4Assembly what constitutes a "reasonable amount".
5    (l-5) (Blank).
6    (l-10) "Illinois Cannabis Tracking System" means a
7web-based system established and maintained by the Department
8of Public Health that is available to the Department of
9Agriculture, the Department of Financial and Professional
10Regulation, the Illinois State Police, and registered medical
11cannabis dispensing organizations on a 24-hour basis to upload
12written certifications for Opioid Alternative Pilot Program
13participants, to verify Opioid Alternative Pilot Program
14participants, to verify Opioid Alternative Pilot Program
15participants' available cannabis allotment and assigned
16dispensary, and the tracking of the date of sale, amount, and
17price of medical cannabis purchased by an Opioid Alternative
18Pilot Program participant.
19    (m) "Medical cannabis cultivation center registration"
20means a registration issued by the Department of Agriculture.
21    (n) "Medical cannabis container" means a sealed,
22traceable, food compliant, tamper resistant, tamper evident
23container, or package used for the purpose of containment of
24medical cannabis from a cultivation center to a dispensing
25organization.
26    (o) "Medical cannabis dispensing organization", or

 

 

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1"dispensing organization", or "dispensary organization" means
2a facility operated by an organization or business that is
3registered by the Department of Financial and Professional
4Regulation to acquire medical cannabis from a registered
5cultivation center for the purpose of dispensing cannabis,
6paraphernalia, or related supplies and educational materials
7to registered qualifying patients, individuals with a
8provisional registration for qualifying patient cardholder
9status, or an Opioid Alternative Pilot Program participant.
10    (p) "Medical cannabis dispensing organization agent" or
11"dispensing organization agent" means a principal officer,
12board member, employee, or agent of a registered medical
13cannabis dispensing organization who is 21 years of age or
14older and has not been convicted of an excluded offense.
15    (q) "Medical cannabis infused product" means food, oils,
16ointments, or other products containing usable cannabis that
17are not smoked.
18    (r) "Medical use" means the acquisition; administration;
19delivery; possession; transfer; transportation; or use of
20cannabis to treat or alleviate a registered qualifying
21patient's debilitating medical condition or symptoms
22associated with the patient's debilitating medical condition.
23    (r-5) "Opioid" means a narcotic drug or substance that is a
24Schedule II controlled substance under paragraph (1), (2), (3),
25or (5) of subsection (b) or under subsection (c) of Section 206
26of the Illinois Controlled Substances Act.

 

 

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1    (r-10) "Opioid Alternative Pilot Program participant"
2means an individual who has received a valid written
3certification to participate in the Opioid Alternative Pilot
4Program for a medical condition for which an opioid has been or
5could be prescribed by a certifying health care professional
6physician based on generally accepted standards of care.
7    (s) "Physician" means a doctor of medicine or doctor of
8osteopathy licensed under the Medical Practice Act of 1987 to
9practice medicine and who has a controlled substances license
10under Article III of the Illinois Controlled Substances Act. It
11does not include a licensed practitioner under any other Act
12including but not limited to the Illinois Dental Practice Act.
13    (s-1) "Physician assistant" means a physician assistant
14licensed under the Physician Assistant Practice Act of 1987 and
15who has a controlled substances license under Article III of
16the Illinois Controlled Substances Act.
17    (s-5) "Provisional registration" means a document issued
18by the Department of Public Health to a qualifying patient who
19has submitted: (1) an online application and paid a fee to
20participate in Compassionate Use of Medical Cannabis Pilot
21Program pending approval or denial of the patient's
22application; or (2) a completed application for terminal
23illness.
24    (t) "Qualifying patient" means a person who has been
25diagnosed by a certifying health care professional physician as
26having a debilitating medical condition.

 

 

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1    (u) "Registered" means licensed, permitted, or otherwise
2certified by the Department of Agriculture, Department of
3Public Health, or Department of Financial and Professional
4Regulation.
5    (v) "Registry identification card" means a document issued
6by the Department of Public Health that identifies a person as
7a registered qualifying patient or registered designated
8caregiver.
9    (w) "Usable cannabis" means the seeds, leaves, buds, and
10flowers of the cannabis plant and any mixture or preparation
11thereof, but does not include the stalks, and roots of the
12plant. It does not include the weight of any non-cannabis
13ingredients combined with cannabis, such as ingredients added
14to prepare a topical administration, food, or drink.
15    (x) "Verification system" means a Web-based system
16established and maintained by the Department of Public Health
17that is available to the Department of Agriculture, the
18Department of Financial and Professional Regulation, law
19enforcement personnel, and registered medical cannabis
20dispensing organization agents on a 24-hour basis for the
21verification of registry identification cards, the tracking of
22delivery of medical cannabis to medical cannabis dispensing
23organizations, and the tracking of the date of sale, amount,
24and price of medical cannabis purchased by a registered
25qualifying patient.
26    (y) "Written certification" means a document dated and

 

 

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1signed by a certifying health care professional physician,
2stating (1) that the qualifying patient has a debilitating
3medical condition and specifying the debilitating medical
4condition the qualifying patient has; and (2) that (A) the
5certifying health care professional physician is treating or
6managing treatment of the patient's debilitating medical
7condition; or (B) an Opioid Alternative Pilot Program
8participant has a medical condition for which opioids have been
9or could be prescribed. A written certification shall be made
10only in the course of a bona fide health care
11professional-patient physician-patient relationship, after the
12certifying health care professional physician has completed an
13assessment of either a qualifying patient's medical history or
14Opioid Alternative Pilot Program participant, reviewed
15relevant records related to the patient's debilitating
16condition, and conducted a physical examination.
17    (z) "Bona fide health care professional-patient
18physician-patient relationship" means a relationship
19established at a hospital, certifying health care
20professional's physician's office, or other health care
21facility in which the certifying health care professional
22physician has an ongoing responsibility for the assessment,
23care, and treatment of a patient's debilitating medical
24condition or a symptom of the patient's debilitating medical
25condition.
26    A veteran who has received treatment at a VA hospital shall

 

 

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1be deemed to have a bona fide health care professional-patient
2physician-patient relationship with a VA certifying health
3care professional physician if the patient has been seen for
4his or her debilitating medical condition at the VA Hospital in
5accordance with VA Hospital protocols.
6    A bona fide health care professional-patient
7physician-patient relationship under this subsection is a
8privileged communication within the meaning of Section 8-802 of
9the Code of Civil Procedure.
10(Source: P.A. 99-519, eff. 6-30-16; 100-1114, eff. 8-28-18.)
 
11    (410 ILCS 130/25)
12    (Section scheduled to be repealed on July 1, 2020)
13    Sec. 25. Immunities and presumptions related to the medical
14use of cannabis.
15    (a) A registered qualifying patient is not subject to
16arrest, prosecution, or denial of any right or privilege,
17including but not limited to civil penalty or disciplinary
18action by an occupational or professional licensing board, for
19the medical use of cannabis in accordance with this Act, if the
20registered qualifying patient possesses an amount of cannabis
21that does not exceed an adequate supply as defined in
22subsection (a) of Section 10 of this Act of usable cannabis
23and, where the registered qualifying patient is a licensed
24professional, the use of cannabis does not impair that licensed
25professional when he or she is engaged in the practice of the

 

 

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

 

 

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1    card; and
2        (B) is in possession of an amount of cannabis that does
3    not exceed the amount allowed under subsection (a) of
4    Section 10.
5    (2) The presumption may be rebutted by evidence that
6conduct related to cannabis was not for the purpose of treating
7or alleviating the qualifying patient's debilitating medical
8condition or symptoms associated with the debilitating medical
9condition in compliance with this Act.
10    (e) A certifying health care professional physician is not
11subject to arrest, prosecution, or penalty in any manner, or
12denied any right or privilege, including but not limited to
13civil penalty or disciplinary action by the Medical
14Disciplinary Board or by any other occupational or professional
15licensing board, solely for providing written certifications
16or for otherwise stating that, in the certifying health care
17professional's physician's professional opinion, a patient is
18likely to receive therapeutic or palliative benefit from the
19medical use of cannabis to treat or alleviate the patient's
20debilitating medical condition or symptoms associated with the
21debilitating medical condition, provided that nothing shall
22prevent a professional licensing or disciplinary board from
23sanctioning a certifying health care professional physician
24for: (1) issuing a written certification to a patient who is
25not under the certifying health care professional's
26physician's care for a debilitating medical condition; or (2)

 

 

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1failing to properly evaluate a patient's medical condition or
2otherwise violating the standard of care for evaluating medical
3conditions.
4    (f) No person may be subject to arrest, prosecution, or
5denial of any right or privilege, including but not limited to
6civil penalty or disciplinary action by an occupational or
7professional licensing board, solely for: (1) selling cannabis
8paraphernalia to a cardholder upon presentation of an unexpired
9registry identification card in the recipient's name, if
10employed and registered as a dispensing agent by a registered
11dispensing organization; (2) being in the presence or vicinity
12of the medical use of cannabis as allowed under this Act; or
13(3) assisting a registered qualifying patient with the act of
14administering cannabis.
15    (g) A registered cultivation center is not subject to
16prosecution; search or inspection, except by the Department of
17Agriculture, Department of Public Health, or State or local law
18enforcement under Section 130; seizure; or penalty in any
19manner, or be denied any right or privilege, including but not
20limited to civil penalty or disciplinary action by a business
21licensing board or entity, for acting under this Act and
22Department of Agriculture rules to: acquire, possess,
23cultivate, manufacture, deliver, transfer, transport, supply,
24or sell cannabis to registered dispensing organizations.
25    (h) A registered cultivation center agent is not subject to
26prosecution, search, or penalty in any manner, or be denied any

 

 

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

 

 

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1    (k) Any cannabis, cannabis paraphernalia, illegal
2property, or interest in legal property that is possessed,
3owned, or used in connection with the medical use of cannabis
4as allowed under this Act, or acts incidental to that use, may
5not be seized or forfeited. This Act does not prevent the
6seizure or forfeiture of cannabis exceeding the amounts allowed
7under this Act, nor shall it prevent seizure or forfeiture if
8the basis for the action is unrelated to the cannabis that is
9possessed, manufactured, transferred, or used under this Act.
10    (l) Mere possession of, or application for, a registry
11identification card or registration certificate does not
12constitute probable cause or reasonable suspicion, nor shall it
13be used as the sole basis to support the search of the person,
14property, or home of the person possessing or applying for the
15registry identification card. The possession of, or
16application for, a registry identification card does not
17preclude the existence of probable cause if probable cause
18exists on other grounds.
19    (m) Nothing in this Act shall preclude local or State law
20enforcement agencies from searching a registered cultivation
21center where there is probable cause to believe that the
22criminal laws of this State have been violated and the search
23is conducted in conformity with the Illinois Constitution, the
24Constitution of the United States, and all State statutes.
25    (n) Nothing in this Act shall preclude local or state law
26enforcement agencies from searching a registered dispensing

 

 

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1organization where there is probable cause to believe that the
2criminal laws of this State have been violated and the search
3is conducted in conformity with the Illinois Constitution, the
4Constitution of the United States, and all State statutes.
5    (o) No individual employed by the State of Illinois shall
6be subject to criminal or civil penalties for taking any action
7in accordance with the provisions of this Act, when the actions
8are within the scope of his or her employment. Representation
9and indemnification of State employees shall be provided to
10State employees as set forth in Section 2 of the State Employee
11Indemnification Act.
12    (p) No law enforcement or correctional agency, nor any
13individual employed by a law enforcement or correctional
14agency, shall be subject to criminal or civil liability, except
15for willful and wanton misconduct, as a result of taking any
16action within the scope of the official duties of the agency or
17individual to prohibit or prevent the possession or use of
18cannabis by a cardholder incarcerated at a correctional
19facility, jail, or municipal lockup facility, on parole or
20mandatory supervised release, or otherwise under the lawful
21jurisdiction of the agency or individual.
22(Source: P.A. 98-122, eff. 1-1-14; 99-96, eff. 7-22-15.)
 
23    (410 ILCS 130/30)
24    (Section scheduled to be repealed on July 1, 2020)
25    Sec. 30. Limitations and penalties.

 

 

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1    (a) This Act does not permit any person to engage in, and
2does not prevent the imposition of any civil, criminal, or
3other penalties for engaging in, the following conduct:
4        (1) Undertaking any task under the influence of
5    cannabis, when doing so would constitute negligence,
6    professional malpractice, or professional misconduct;
7        (2) Possessing cannabis:
8            (A) except as provided under Section 22-33 of the
9        School Code, in a school bus;
10            (B) except as provided under Section 22-33 of the
11        School Code, on the grounds of any preschool or primary
12        or secondary school;
13            (C) in any correctional facility;
14            (D) in a vehicle under Section 11-502.1 of the
15        Illinois Vehicle Code;
16            (E) in a vehicle not open to the public unless the
17        medical cannabis is in a reasonably secured, sealed,
18        tamper-evident container and reasonably inaccessible
19        while the vehicle is moving; or
20            (F) in a private residence that is used at any time
21        to provide licensed child care or other similar social
22        service care on the premises;
23        (3) Using cannabis:
24            (A) except as provided under Section 22-33 of the
25        School Code, in a school bus;
26            (B) except as provided under Section 22-33 of the

 

 

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1        School Code, on the grounds of any preschool or primary
2        or secondary school;
3            (C) in any correctional facility;
4            (D) in any motor vehicle;
5            (E) in a private residence that is used at any time
6        to provide licensed child care or other similar social
7        service care on the premises;
8            (F) except as provided under Section 22-33 of the
9        School Code, in any public place. "Public place" as
10        used in this subsection means any place where an
11        individual could reasonably be expected to be observed
12        by others. A "public place" includes all parts of
13        buildings owned in whole or in part, or leased, by the
14        State or a local unit of government. A "public place"
15        does not include a private residence unless the private
16        residence is used to provide licensed child care,
17        foster care, or other similar social service care on
18        the premises. For purposes of this subsection, a
19        "public place" does not include a health care facility.
20        For purposes of this Section, a "health care facility"
21        includes, but is not limited to, hospitals, nursing
22        homes, hospice care centers, and long-term care
23        facilities;
24            (G) except as provided under Section 22-33 of the
25        School Code, knowingly in close physical proximity to
26        anyone under the age of 18 years of age;

 

 

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1        (4) Smoking medical cannabis in any public place where
2    an individual could reasonably be expected to be observed
3    by others, in a health care facility, or any other place
4    where smoking is prohibited under the Smoke Free Illinois
5    Act;
6        (5) Operating, navigating, or being in actual physical
7    control of any motor vehicle, aircraft, or motorboat while
8    using or under the influence of cannabis in violation of
9    Sections 11-501 and 11-502.1 of the Illinois Vehicle Code;
10        (6) Using or possessing cannabis if that person does
11    not have a debilitating medical condition and is not a
12    registered qualifying patient or caregiver;
13        (7) Allowing any person who is not allowed to use
14    cannabis under this Act to use cannabis that a cardholder
15    is allowed to possess under this Act;
16        (8) Transferring cannabis to any person contrary to the
17    provisions of this Act;
18        (9) The use of medical cannabis by an active duty law
19    enforcement officer, correctional officer, correctional
20    probation officer, or firefighter; or
21        (10) The use of medical cannabis by a person who has a
22    school bus permit or a Commercial Driver's License.
23    (b) Nothing in this Act shall be construed to prevent the
24arrest or prosecution of a registered qualifying patient for
25reckless driving or driving under the influence of cannabis
26where probable cause exists.

 

 

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1    (c) Notwithstanding any other criminal penalties related
2to the unlawful possession of cannabis, knowingly making a
3misrepresentation to a law enforcement official of any fact or
4circumstance relating to the medical use of cannabis to avoid
5arrest or prosecution is a petty offense punishable by a fine
6of up to $1,000, which shall be in addition to any other
7penalties that may apply for making a false statement or for
8the use of cannabis other than use undertaken under this Act.
9    (d) Notwithstanding any other criminal penalties related
10to the unlawful possession of cannabis, any person who makes a
11misrepresentation of a medical condition to a certifying health
12care professional physician or fraudulently provides material
13misinformation to a certifying health care professional
14physician in order to obtain a written certification is guilty
15of a petty offense punishable by a fine of up to $1,000.
16    (e) Any cardholder or registered caregiver who sells
17cannabis shall have his or her registry identification card
18revoked and is subject to other penalties for the unauthorized
19sale of cannabis.
20    (f) Any registered qualifying patient who commits a
21violation of Section 11-502.1 of the Illinois Vehicle Code or
22refuses a properly requested test related to operating a motor
23vehicle while under the influence of cannabis shall have his or
24her registry identification card revoked.
25    (g) No registered qualifying patient or designated
26caregiver shall knowingly obtain, seek to obtain, or possess,

 

 

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1individually or collectively, an amount of usable cannabis from
2a registered medical cannabis dispensing organization that
3would cause him or her to exceed the authorized adequate supply
4under subsection (a) of Section 10.
5    (h) Nothing in this Act shall prevent a private business
6from restricting or prohibiting the medical use of cannabis on
7its property.
8    (i) Nothing in this Act shall prevent a university,
9college, or other institution of post-secondary education from
10restricting or prohibiting the use of medical cannabis on its
11property.
12(Source: P.A. 100-660, eff. 8-1-18.)
 
13    (410 ILCS 130/35)
14    (Section scheduled to be repealed on July 1, 2020)
15    Sec. 35. Certifying health care professional Physician
16requirements.
17    (a) A certifying health care professional physician who
18certifies a debilitating medical condition for a qualifying
19patient shall comply with all of the following requirements:
20        (1) The certifying health care professional Physician
21    shall be currently licensed under the Medical Practice Act
22    of 1987 to practice medicine in all its branches, the Nurse
23    Practice Act, or the Physician Assistant Practice Act of
24    1987, shall be and in good standing, and must hold a
25    controlled substances license under Article III of the

 

 

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1    Illinois Controlled Substances Act.
2        (2) A certifying health care professional physician
3    certifying a patient's condition shall comply with
4    generally accepted standards of medical practice, the
5    provisions of the Medical Practice Act under which he or
6    she is licensed of 1987 and all applicable rules.
7        (3) The physical examination required by this Act may
8    not be performed by remote means, including telemedicine.
9        (4) The certifying health care professional physician
10    shall maintain a record-keeping system for all patients for
11    whom the certifying health care professional physician has
12    certified the patient's medical condition. These records
13    shall be accessible to and subject to review by the
14    Department of Public Health and the Department of Financial
15    and Professional Regulation upon request.
16    (b) A certifying health care professional physician may
17not:
18        (1) accept, solicit, or offer any form of remuneration
19    from or to a qualifying patient, primary caregiver,
20    cultivation center, or dispensing organization, including
21    each principal officer, board member, agent, and employee,
22    to certify a patient, other than accepting payment from a
23    patient for the fee associated with the required
24    examination, except for the limited purpose of performing a
25    medical cannabis-related research study;
26        (1.5) accept, solicit, or offer any form of

 

 

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1    remuneration from or to a medical cannabis cultivation
2    center or dispensary organization for the purposes of
3    referring a patient to a specific dispensary organization;
4        (1.10) engage in any activity that is prohibited under
5    Section 22.2 of the Medical Practice Act of 1987,
6    regardless of whether the certifying health care
7    professional is a physician, advanced practice registered
8    nurse, or physician assistant;
9        (2) offer a discount of any other item of value to a
10    qualifying patient who uses or agrees to use a particular
11    primary caregiver or dispensing organization to obtain
12    medical cannabis;
13        (3) conduct a personal physical examination of a
14    patient for purposes of diagnosing a debilitating medical
15    condition at a location where medical cannabis is sold or
16    distributed or at the address of a principal officer,
17    agent, or employee or a medical cannabis organization;
18        (4) hold a direct or indirect economic interest in a
19    cultivation center or dispensing organization if he or she
20    recommends the use of medical cannabis to qualified
21    patients or is in a partnership or other fee or
22    profit-sharing relationship with a certifying health care
23    professional physician who recommends medical cannabis,
24    except for the limited purpose of performing a medical
25    cannabis related research study;
26        (5) serve on the board of directors or as an employee

 

 

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1    of a cultivation center or dispensing organization;
2        (6) refer patients to a cultivation center, a
3    dispensing organization, or a registered designated
4    caregiver; or
5        (7) advertise in a cultivation center or a dispensing
6    organization.
7    (c) The Department of Public Health may with reasonable
8cause refer a certifying health care professional physician,
9who has certified a debilitating medical condition of a
10patient, to the Illinois Department of Financial and
11Professional Regulation for potential violations of this
12Section.
13    (d) Any violation of this Section or any other provision of
14this Act or rules adopted under this Act is a violation of the
15certifying health care professional's licensure act Medical
16Practice Act of 1987.
17    (e) A certifying health care professional physician who
18certifies a debilitating medical condition for a qualifying
19patient may notify the Department of Public Health in writing:
20(1) if the certifying health care professional physician has
21reason to believe either that the registered qualifying patient
22has ceased to suffer from a debilitating medical condition; (2)
23that the bona fide health care professional-patient
24physician-patient relationship has terminated; or (3) that
25continued use of medical cannabis would result in
26contraindication with the patient's other medication. The

 

 

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1registered qualifying patient's registry identification card
2shall be revoked by the Department of Public Health after
3receiving the certifying health care professional's
4physician's notification.
5    (f) Nothing in this Act shall preclude a certifying health
6care professional from referring a patient for health services,
7except when the referral is limited to certification purposes
8only, under this Act.
9(Source: P.A. 99-519, eff. 6-30-16; 100-1114, eff. 8-28-18.)
 
10    (410 ILCS 130/36)
11    Sec. 36. Written certification.
12    (a) A certification confirming a patient's debilitating
13medical condition shall be written on a form provided by the
14Department of Public Health and shall include, at a minimum,
15the following:
16        (1) the qualifying patient's name, date of birth, home
17    address, and primary telephone number;
18        (2) the certifying health care professional's
19    physician's name, address, telephone number, email
20    address, and medical, advance practice registered nurse,
21    or physician assistant license number, and the last 4
22    digits, only, of his or her active controlled substances
23    license under the Illinois Controlled Substances Act and
24    indication of specialty or primary area of clinical
25    practice, if any;

 

 

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

 

 

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1    (d) A certification confirming the patient's eligibility
2to participate in the Opioid Alternative Pilot Program shall be
3written on a form provided by the Department of Public Health
4and shall include, at a minimum, the following:
5        (1) the participant's name, date of birth, home
6    address, and primary telephone number;
7        (2) the certifying health care professional's
8    physician's name, address, telephone number, email
9    address, and medical, advance practice registered nurse,
10    or physician assistant license number, and the last 4
11    digits, only, of his or her active controlled substances
12    license under the Illinois Controlled Substances Act and
13    indication of specialty or primary area of clinical
14    practice, if any;
15        (3) the certifying health care professional's
16    physician's signature and date;
17        (4) the length of participation in the program, which
18    shall be limited to no more than 90 days;
19        (5) a statement identifying the patient has been
20    diagnosed with and is currently undergoing treatment for a
21    medical condition where an opioid has been or could be
22    prescribed; and
23        (6) a statement that a participant in possession of a
24    written certification indicating eligibility to
25    participate in the Opioid Alternative Pilot Program shall
26    not be considered an unlawful user or addicted to narcotics

 

 

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1    solely as a result of his or her eligibility or
2    participation in the program.
3    (e) The Department of Public Health may provide a single
4certification form for subsections (a) and (d) of this Section,
5provided that all requirements of those subsections are
6included on the form.
7    (f) The Department of Public Health shall not include the
8word "cannabis" on any application forms or written
9certification forms that it issues under this Section.
10    (g) A written certification does not constitute a
11prescription.
12    (h) It is unlawful for any person to knowingly submit a
13fraudulent certification to be a qualifying patient in the
14Compassionate Use of Medical Cannabis Pilot Program or an
15Opioid Alternative Pilot Program participant. A violation of
16this subsection shall result in the person who has knowingly
17submitted the fraudulent certification being permanently
18banned from participating in the Compassionate Use of Medical
19Cannabis Pilot Program or the Opioid Alternative Pilot Program.
20(Source: P.A. 100-1114, eff. 8-28-18.)
 
21    (410 ILCS 130/40)
22    (Section scheduled to be repealed on July 1, 2020)
23    Sec. 40. Discrimination prohibited.
24    (a)(1) No school, employer, or landlord may refuse to
25enroll or lease to, or otherwise penalize, a person solely for

 

 

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1his or her status as a registered qualifying patient or a
2registered designated caregiver, unless failing to do so would
3put the school, employer, or landlord in violation of federal
4law or unless failing to do so would cause it to lose a
5monetary or licensing-related benefit under federal law or
6rules. This does not prevent a landlord from prohibiting the
7smoking of cannabis on the premises.
8    (2) For the purposes of medical care, including organ
9transplants, a registered qualifying patient's authorized use
10of cannabis in accordance with this Act is considered the
11equivalent of the authorized use of any other medication used
12at the direction of a certifying health care professional
13physician, and may not constitute the use of an illicit
14substance or otherwise disqualify a qualifying patient from
15needed medical care.
16    (b) A person otherwise entitled to custody of or visitation
17or parenting time with a minor may not be denied that right,
18and there is no presumption of neglect or child endangerment,
19for conduct allowed under this Act, unless the person's actions
20in relation to cannabis were such that they created an
21unreasonable danger to the safety of the minor as established
22by clear and convincing evidence.
23    (c) No school, landlord, or employer may be penalized or
24denied any benefit under State law for enrolling, leasing to,
25or employing a cardholder.
26    (d) Nothing in this Act may be construed to require a

 

 

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1government medical assistance program, employer, property and
2casualty insurer, or private health insurer to reimburse a
3person for costs associated with the medical use of cannabis.
4    (e) Nothing in this Act may be construed to require any
5person or establishment in lawful possession of property to
6allow a guest, client, customer, or visitor who is a registered
7qualifying patient to use cannabis on or in that property.
8(Source: P.A. 98-122, eff. 1-1-14; 99-31, eff. 1-1-16.)
 
9    (410 ILCS 130/45)
10    (Section scheduled to be repealed on July 1, 2020)
11    Sec. 45. Addition of debilitating medical conditions.
12    (a) Any resident may petition the Department of Public
13Health to add debilitating conditions or treatments to the list
14of debilitating medical conditions listed in subsection (h) of
15Section 10. The Department shall approve or deny a petition
16within 180 days of its submission, and, upon approval, shall
17proceed to add that condition by rule in accordance with the
18Illinois Administrative Procedure Act. The approval or denial
19of any petition is a final decision of the Department, subject
20to judicial review. Jurisdiction and venue are vested in the
21Circuit Court.
22    (b) The Department shall accept petitions once annually for
23a one-month period determined by the Department. During the
24open period, the Department shall accept petitions from any
25resident requesting the addition of a new debilitating medical

 

 

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1condition or disease to the list of approved debilitating
2medical conditions for which the use of cannabis has been shown
3to have a therapeutic or palliative effect. The Department
4shall provide public notice 30 days before the open period for
5accepting petitions, which shall describe the time period for
6submission, the required format of the submission, and the
7submission address.
8    (c) Each petition shall be limited to one proposed
9debilitating medical condition or disease.
10    (d) A petitioner shall file one original petition in the
11format provided by the Department and in the manner specified
12by the Department. For a petition to be processed and reviewed,
13the following information shall be included:
14        (1) The petition, prepared on forms provided by the
15    Department, in the manner specified by the Department.
16        (2) A specific description of the medical condition or
17    disease that is the subject of the petition. Each petition
18    shall be limited to a single condition or disease.
19    Information about the proposed condition or disease shall
20    include:
21            (A) the extent to which the condition or disease
22        itself or the treatments cause severe suffering, such
23        as severe or chronic pain, severe nausea or vomiting,
24        or otherwise severely impair a person's ability to
25        conduct activities of daily living;
26            (B) information about why conventional medical

 

 

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1        therapies are not sufficient to alleviate the
2        suffering caused by the disease or condition and its
3        treatment;
4            (C) the proposed benefits from the medical use of
5        cannabis specific to the medical condition or disease;
6            (D) evidence from the medical community and other
7        experts supporting the use of medical cannabis to
8        alleviate suffering caused by the condition, disease,
9        or treatment;
10            (E) letters of support from physicians or other
11        licensed health care providers knowledgeable about the
12        condition or disease, including, if feasible, a letter
13        from a physician, advanced practice registered nurse,
14        or physician assistant with whom the petitioner has a
15        bona fide health care professional-patient
16        physician-patient relationship;
17            (F) any additional medical, testimonial, or
18        scientific documentation; and
19            (G) an electronic copy of all materials submitted.
20        (3) Upon receipt of a petition, the Department shall:
21            (A) determine whether the petition meets the
22        standards for submission and, if so, shall accept the
23        petition for further review; or
24            (B) determine whether the petition does not meet
25        the standards for submission and, if so, shall deny the
26        petition without further review.

 

 

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1        (4) If the petition does not fulfill the standards for
2    submission, the petition shall be considered deficient.
3    The Department shall notify the petitioner, who may correct
4    any deficiencies and resubmit the petition during the next
5    open period.
6    (e) The petitioner may withdraw his or her petition by
7submitting a written statement to the Department indicating
8withdrawal.
9    (f) Upon review of accepted petitions, the Director shall
10render a final decision regarding the acceptance or denial of
11the proposed debilitating medical conditions or diseases.
12    (g) The Department shall convene a Medical Cannabis
13Advisory Board (Advisory Board) composed of 16 members, which
14shall include:
15        (1) one medical cannabis patient advocate or
16    designated caregiver;
17        (2) one parent or designated caregiver of a person
18    under the age of 18 who is a qualified medical cannabis
19    patient;
20        (3) two registered nurses or nurse practitioners;
21        (4) three registered qualifying patients, including
22    one veteran; and
23        (5) nine health care practitioners with current
24    professional licensure in their field. The Advisory Board
25    shall be composed of health care practitioners
26    representing the following areas:

 

 

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1            (A) neurology;
2            (B) pain management;
3            (C) medical oncology;
4            (D) psychiatry or mental health;
5            (E) infectious disease;
6            (F) family medicine;
7            (G) general primary care;
8            (H) medical ethics;
9            (I) pharmacy;
10            (J) pediatrics; or
11            (K) psychiatry or mental health for children or
12        adolescents.
13    At least one appointed health care practitioner shall have
14direct experience related to the health care needs of veterans
15and at least one individual shall have pediatric experience.
16    (h) Members of the Advisory Board shall be appointed by the
17Governor.
18        (1) Members shall serve a term of 4 years or until a
19    successor is appointed and qualified. If a vacancy occurs,
20    the Governor shall appoint a replacement to complete the
21    original term created by the vacancy.
22        (2) The Governor shall select a chairperson.
23        (3) Members may serve multiple terms.
24        (4) Members shall not have an affiliation with, serve
25    on the board of, or have a business relationship with a
26    registered cultivation center or a registered medical

 

 

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1    cannabis dispensary.
2        (5) Members shall disclose any real or apparent
3    conflicts of interest that may have a direct bearing of the
4    subject matter, such as relationships with pharmaceutical
5    companies, biomedical device manufacturers, or
6    corporations whose products or services are related to the
7    medical condition or disease to be reviewed.
8        (6) Members shall not be paid but shall be reimbursed
9    for travel expenses incurred while fulfilling the
10    responsibilities of the Advisory Board.
11    (i) On June 30, 2016 (the effective date of Public Act
1299-519), the terms of office of the members of the Advisory
13Board serving on that date shall terminate and the Board shall
14be reconstituted.
15    (j) The Advisory Board shall convene at the call of the
16Chair:
17        (1) to examine debilitating conditions or diseases
18    that would benefit from the medical use of cannabis; and
19        (2) to review new medical and scientific evidence
20    pertaining to currently approved conditions.
21    (k) The Advisory Board shall issue an annual report of its
22activities each year.
23    (l) The Advisory Board shall receive administrative
24support from the Department.
25(Source: P.A. 99-519, eff. 6-30-16; 99-642, eff. 7-28-16;
26100-201, eff. 8-18-17.)
 

 

 

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1    (410 ILCS 130/55)
2    (Section scheduled to be repealed on July 1, 2020)
3    Sec. 55. Registration of qualifying patients and
4designated caregivers.
5    (a) The Department of Public Health shall issue registry
6identification cards to qualifying patients and designated
7caregivers who submit a completed application, and at minimum,
8the following, in accordance with Department of Public Health
9rules:
10        (1) A written certification, on a form developed by the
11    Department of Public Health consistent with Section 36 and
12    issued by a certifying health care professional physician,
13    within 90 days immediately preceding the date of an
14    application and submitted by the qualifying patient or his
15    or her designated caregiver;
16        (2) upon the execution of applicable privacy waivers,
17    the patient's medical documentation related to his or her
18    debilitating condition and any other information that may
19    be reasonably required by the Department of Public Health
20    to confirm that the certifying health care professional
21    physician and patient have a bona fide health care
22    professional-patient physician-patient relationship, that
23    the qualifying patient is in the certifying health care
24    professional's physician's care for his or her
25    debilitating medical condition, and to substantiate the

 

 

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1    patient's diagnosis;
2        (3) the application or renewal fee as set by rule;
3        (4) the name, address, date of birth, and social
4    security number of the qualifying patient, except that if
5    the applicant is homeless no address is required;
6        (5) the name, address, and telephone number of the
7    qualifying patient's certifying health care professional
8    physician;
9        (6) the name, address, and date of birth of the
10    designated caregiver, if any, chosen by the qualifying
11    patient;
12        (7) the name of the registered medical cannabis
13    dispensing organization the qualifying patient designates;
14        (8) signed statements from the patient and designated
15    caregiver asserting that they will not divert medical
16    cannabis; and
17        (9) (blank).
18    (b) Notwithstanding any other provision of this Act, a
19person provided a written certification for a debilitating
20medical condition who has submitted a completed online
21application to the Department of Public Health shall receive a
22provisional registration and be entitled to purchase medical
23cannabis from a specified licensed dispensing organization for
24a period of 90 days or until his or her application has been
25denied or he or she receives a registry identification card,
26whichever is earlier. However, a person may obtain an

 

 

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

 

 

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1when transporting or engaging in the medical use of cannabis.
2    (c) No person or business shall charge a fee for assistance
3in the preparation, compilation, or submission of an
4application to the Compassionate Use of Medical Cannabis Pilot
5Program or the Opioid Alternative Pilot Program. A violation of
6this subsection is a Class C misdemeanor, for which restitution
7to the applicant and a fine of up to $1,500 may be imposed. All
8fines shall be deposited into the Compassionate Use of Medical
9Cannabis Fund after restitution has been made to the applicant.
10The Department of Public Health shall refer individuals making
11complaints against a person or business under this Section to
12the Illinois State Police, who shall enforce violations of this
13provision. All application forms issued by the Department shall
14state that no person or business may charge a fee for
15assistance in the preparation, compilation, or submission of an
16application to the Compassionate Use of Medical Cannabis Pilot
17Program or the Opioid Alternative Pilot Program.
18(Source: P.A. 100-1114, eff. 8-28-18.)
 
19    (410 ILCS 130/57)
20    (Section scheduled to be repealed on July 1, 2020)
21    Sec. 57. Qualifying patients under 18.
22    (a) Qualifying patients that are under the age of 18 years
23shall not be prohibited from appointing up to 3 having 2
24designated caregivers as follows: if both biological parents or
252 legal guardians of a qualifying patient under 18 both have

 

 

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1significant decision-making responsibilities over the
2qualifying patient, then both may serve as a designated
3caregiver if they otherwise meet the definition of "designated
4caregiver" under Section 10; however, if only one biological
5parent or legal guardian has significant decision-making
6responsibilities for the qualifying patient under 18, then he
7or she may appoint a second designated caregivers caregiver who
8meet meets the definition of "designated caregiver" under
9Section 10 so long as at least one designated caregiver is a
10biological parent or legal guardian.
11    (b) Qualifying patients that are 18 years of age or older
12shall not be prohibited from appointing up to 3 designated
13caregivers who meet the definition of "designated caregiver"
14under Section 10.
15(Source: P.A. 99-519, eff. 6-30-16.)
 
16    (410 ILCS 130/60)
17    (Section scheduled to be repealed on July 1, 2020)
18    Sec. 60. Issuance of registry identification cards.
19    (a) Except as provided in subsection (b), the Department of
20Public Health shall:
21        (1) verify the information contained in an application
22    or renewal for a registry identification card submitted
23    under this Act, and approve or deny an application or
24    renewal, within 90 days of receiving a completed
25    application or renewal application and all supporting

 

 

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

 

 

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1characteristic of epilepsy. The Department of Public Health may
2adopt rules to allow other individuals under 18 years of age to
3become registered qualifying patients under this Act with the
4consent of a parent or legal guardian. Registered qualifying
5patients under 21 18 years of age shall be prohibited from
6consuming forms of cannabis other than medical cannabis infused
7products and purchasing any usable cannabis or paraphernalia
8used for smoking or vaping medical cannabis.
9    (c) A veteran who has received treatment at a VA hospital
10is deemed to have a bona fide health care professional-patient
11physician-patient relationship with a VA certifying health
12care professional physician if the patient has been seen for
13his or her debilitating medical condition at the VA hospital in
14accordance with VA hospital protocols. All reasonable
15inferences regarding the existence of a bona fide health care
16professional-patient physician-patient relationship shall be
17drawn in favor of an applicant who is a veteran and has
18undergone treatment at a VA hospital.
19    (c-10) An individual who submits an application as someone
20who is terminally ill shall have all fees waived. The
21Department of Public Health shall within 30 days after this
22amendatory Act of the 99th General Assembly adopt emergency
23rules to expedite approval for terminally ill individuals.
24These rules shall include, but not be limited to, rules that
25provide that applications by individuals with terminal
26illnesses shall be approved or denied within 14 days of their

 

 

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

 

 

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

 

 

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

 

 

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1Illinois State Police.
2    The Department of Financial and Professional Regulation in
3collaboration with the Department of Public Health shall
4specify the data requirements for the Opioid Alternative Pilot
5Program by licensed dispensing organizations; including, but
6not limited to, the participant's full legal name, address, and
7date of birth, date on which the Opioid Alternative Pilot
8Program certification was issued, length of the participation
9in the Program, including the start and end date to purchase
10medical cannabis, name of the issuing physician, copy of the
11participant's current driver's license or State identification
12card, and phone number.
13    The Illinois Cannabis Tracking System shall provide
14verification of a person's participation in the Opioid
15Alternative Pilot Program for law enforcement at any time and
16on any day.
17    (d) The certification for Opioid Alternative Pilot Program
18participant must be issued by a certifying health care
19professional who is physician licensed to practice in Illinois
20under the Medical Practice Act of 1987, the Nurse Practice Act,
21or the Physician Assistant Practice Act of 1987 and who is in
22good standing and who holds a controlled substances license
23under Article III of the Illinois Controlled Substances Act.
24    The certification for an Opioid Alternative Pilot Program
25participant shall be written within 90 days before the
26participant submits his or her certification to the dispensing

 

 

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

 

 

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1a patient who is entitled to the lawful medical use of
2cannabis. If the person is no longer authorized to engage in
3the medical use of cannabis, the Department of Public Health
4shall notify the Prescription Monitoring Program and
5Department of Human Services to remove the notation from the
6person's record. The Department of Human Services and the
7Prescription Monitoring Program shall establish a system by
8which the information may be shared electronically. This
9confidential list may not be combined or linked in any manner
10with any other list or database except as provided in this
11Section.
12    (f) An Opioid Alternative Pilot Program participant shall
13not be considered a qualifying patient with a debilitating
14medical condition under this Act and shall be provided access
15to medical cannabis solely for the duration of the
16participant's certification. Nothing in this Section shall be
17construed to limit or prohibit an Opioid Alternative Pilot
18Program participant who has a debilitating medical condition
19from applying to the Compassionate Use of Medical Cannabis
20Pilot Program.
21    (g) A person with a provisional registration under Section
2255 shall not be considered an Opioid Alternative Pilot Program
23participant.
24    (h) The Department of Financial and Professional
25Regulation and the Department of Public Health shall submit
26emergency rulemaking to implement the changes made by this

 

 

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1amendatory Act of the 100th General Assembly by December 1,
22018. The Department of Financial and Professional Regulation,
3the Department of Agriculture, the Department of Human
4Services, the Department of Public Health, and the Illinois
5State Police shall utilize emergency purchase authority for 12
6months after the effective date of this amendatory Act of the
7100th General Assembly for the purpose of implementing the
8changes made by this amendatory Act of the 100th General
9Assembly.
10    (i) Dispensing organizations are not authorized to
11dispense medical cannabis to Opioid Alternative Pilot Program
12participants until administrative rules are approved by the
13Joint Committee on Administrative Rules and go into effect.
14    (j) The provisions of this Section are inoperative on and
15after July 1, 2020.
16(Source: P.A. 100-1114, eff. 8-28-18.)
 
17    (410 ILCS 130/75)
18    (Section scheduled to be repealed on July 1, 2020)
19    Sec. 75. Notifications to Department of Public Health and
20responses; civil penalty.
21    (a) The following notifications and Department of Public
22Health responses are required:
23        (1) A registered qualifying patient shall notify the
24    Department of Public Health of any change in his or her
25    name or address, or if the registered qualifying patient

 

 

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

 

 

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

 

 

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1patient shall have 15 days to destroy his or her remaining
2medical cannabis and related paraphernalia.
3(Source: P.A. 99-519, eff. 6-30-16; 100-1114, eff. 8-28-18.)
 
4    (410 ILCS 130/105)
5    (Section scheduled to be repealed on July 1, 2020)
6    Sec. 105. Requirements; prohibitions; penalties for
7cultivation centers.
8    (a) The operating documents of a registered cultivation
9center shall include procedures for the oversight of the
10cultivation center, a cannabis plant monitoring system
11including a physical inventory recorded weekly, a cannabis
12container system including a physical inventory recorded
13weekly, accurate record keeping, and a staffing plan.
14    (b) A registered cultivation center shall implement a
15security plan reviewed by the State Police and including but
16not limited to: facility access controls, perimeter intrusion
17detection systems, personnel identification systems, 24-hour
18surveillance system to monitor the interior and exterior of the
19registered cultivation center facility and accessible to
20authorized law enforcement and the Department of Agriculture in
21real-time.
22    (c) A registered cultivation center may not be located
23within 2,500 feet of the property line of a pre-existing public
24or private preschool or elementary or secondary school or day
25care center, day care home, group day care home, part day child

 

 

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1care facility, or an area zoned for residential use.
2    (d) All cultivation of cannabis for distribution to a
3registered dispensing organization must take place in an
4enclosed, locked facility as it applies to cultivation centers
5at the physical address provided to the Department of
6Agriculture during the registration process. The cultivation
7center location shall only be accessed by the cultivation
8center agents working for the registered cultivation center,
9Department of Agriculture staff performing inspections,
10Department of Public Health staff performing inspections, law
11enforcement or other emergency personnel, and contractors
12working on jobs unrelated to medical cannabis, such as
13installing or maintaining security devices or performing
14electrical wiring.
15    (e) A cultivation center may not sell or distribute any
16cannabis to any individual or entity other than another
17cultivation center, a dispensing organization registered under
18this Act, or a laboratory licensed by the Department of
19Agriculture a dispensary organization registered under this
20Act.
21    (f) All harvested cannabis intended for distribution to a
22dispensing organization must be packaged in a labeled medical
23cannabis container and entered into a data collection system.
24    (g) No person who has been convicted of an excluded offense
25may be a cultivation center agent.
26    (h) Registered cultivation centers are subject to random

 

 

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1inspection by the State Police.
2    (i) Registered cultivation centers are subject to random
3inspections by the Department of Agriculture and the Department
4of Public Health.
5    (j) A cultivation center agent shall notify local law
6enforcement, the State Police, and the Department of
7Agriculture within 24 hours of the discovery of any loss or
8theft. Notification shall be made by phone or in-person, or by
9written or electronic communication.
10    (k) A cultivation center shall comply with all State and
11federal rules and regulations regarding the use of pesticides.
12(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
 
13    (410 ILCS 130/115)
14    (Section scheduled to be repealed on July 1, 2020)
15    Sec. 115. Registration of dispensing organizations.
16    (a) The Department of Financial and Professional
17Regulation may issue up to 60 dispensing organization
18registrations for operation. The Department of Financial and
19Professional Regulation may not issue less than the 60
20registrations if there are qualified applicants who have
21applied with the Department of Financial and Professional
22Regulation. The organizations shall be geographically
23dispersed throughout the State to allow all registered
24qualifying patients reasonable proximity and access to a
25dispensing organization.

 

 

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1    (a-5) For any dispensing organization registered on or
2after July 1, 2019, the Department of Financial and
3Professional Regulation shall award not less than 20% of all
4available points to applicants that qualify as Social Equity
5Applicants. For purposes of this Section:
6    "Disproportionately Impacted Area" means a census tract or
7comparable geographic area that satisfies the following
8criteria as determined by the Department of Commerce and
9Economic Opportunity, that:
10        (1) meets at least one of the following criteria:
11            (A) the area has a poverty rate of at least 20%
12        according to the latest federal decennial census; or
13            (B) 75% or more of the children in the area
14        participate in the federal free lunch program
15        according to reported statistics from the State Board
16        of Education; or
17            (C) at least 20% of the households in the area
18        receive assistance under the Supplemental Nutrition
19        Assistance Program; or
20            (D) the area has an average unemployment rate, as
21        determined by the Illinois Department of Employment
22        Security, that is more than 120% of the national
23        unemployment average, as determined by the United
24        States Department of Labor, for a period of at least 2
25        consecutive calendar years preceding the date of the
26        application; and

 

 

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1        (2) has high rates of arrest, conviction, and
2    incarceration related to sale, possession, use,
3    cultivation, manufacture, or transport of cannabis.
4    "Social Equity Applicant" means an applicant that is an
5Illinois resident that meets one of the following criteria:
6        (1) an applicant with at least 51% ownership and
7    control by one or more individuals who have resided for at
8    least 5 of the preceding 10 years in a Disproportionately
9    Impacted Area;
10        (2) an applicant with at least 51% of ownership and
11    control by one or more individuals who have been arrested
12    for, convicted of, or adjudicated delinquent for any
13    offense that is eligible for expungement or member of an
14    impacted family;
15        (3) for applicants with a minimum of 10 full-time
16    employees, an applicant with at least 51% of current
17    employees who:
18            (A) currently reside in a Disproportionately
19        Impacted Area; or
20            (B) have been arrested for, convicted of, or
21        adjudicated delinquent for any offense that is
22        eligible for expungement or member of an impacted
23        family.
24    (b) A dispensing organization may only operate if it has
25been issued a registration from the Department of Financial and
26Professional Regulation. The Department of Financial and

 

 

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1Professional Regulation shall adopt rules establishing the
2procedures for applicants for dispensing organizations.
3    (c) When applying for a dispensing organization
4registration, the applicant shall submit, at a minimum, the
5following in accordance with Department of Financial and
6Professional Regulation rules:
7        (1) a non-refundable application fee established by
8    rule;
9        (2) the proposed legal name of the dispensing
10    organization;
11        (3) the proposed physical address of the dispensing
12    organization;
13        (4) the name, address, and date of birth of each
14    principal officer and board member of the dispensing
15    organization, provided that all those individuals shall be
16    at least 21 years of age;
17        (5) information, in writing, regarding any instances
18    in which a business or not-for-profit that any of the
19    prospective board members managed or served on the board
20    was convicted, fined, censured, or had a registration
21    suspended or revoked in any administrative or judicial
22    proceeding;
23        (6) proposed operating by-laws that include procedures
24    for the oversight of the medical cannabis dispensing
25    organization and procedures to ensure accurate record
26    keeping and security measures that are in accordance with

 

 

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1    the rules applied by the Department of Financial and
2    Professional Regulation under this Act. The by-laws shall
3    include a description of the enclosed, locked facility
4    where medical cannabis will be stored by the dispensing
5    organization; and
6        (7) signed statements from each dispensing
7    organization agent stating that they will not divert
8    medical cannabis.
9    (d) The Department of Financial and Professional
10Regulation shall conduct a background check of the prospective
11dispensing organization agents in order to carry out this
12Section. The Department of State Police shall charge a fee for
13conducting the criminal history record check, which shall be
14deposited in the State Police Services Fund and shall not
15exceed the actual cost of the record check. Each person
16applying as a dispensing organization agent shall submit a full
17set of fingerprints to the Department of State Police for the
18purpose of obtaining a State and federal criminal records
19check. These fingerprints shall be checked against the
20fingerprint records now and hereafter, to the extent allowed by
21law, filed in the Department of State Police and Federal Bureau
22of Investigation criminal history records databases. The
23Department of State Police shall furnish, following positive
24identification, all Illinois conviction information to the
25Department of Financial and Professional Regulation.
26    (e) A dispensing organization must pay a registration fee

 

 

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1set by the Department of Financial and Professional Regulation.
2    (f) An application for a medical cannabis dispensing
3organization registration must be denied if any of the
4following conditions are met:
5        (1) the applicant failed to submit the materials
6    required by this Section, including if the applicant's
7    plans do not satisfy the security, oversight, or
8    recordkeeping rules issued by the Department of Financial
9    and Professional Regulation;
10        (2) the applicant would not be in compliance with local
11    zoning rules issued in accordance with Section 140;
12        (3) the applicant does not meet the requirements of
13    Section 130;
14        (4) one or more of the prospective principal officers
15    or board members has been convicted of an excluded offense;
16        (5) one or more of the prospective principal officers
17    or board members has served as a principal officer or board
18    member for a registered medical cannabis dispensing
19    organization that has had its registration revoked; and
20        (6) one or more of the principal officers or board
21    members is under 21 years of age. ; and
22        (7) one or more of the principal officers or board
23    members is a registered qualified patient or a registered
24    caregiver.
25(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
 

 

 

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1    (410 ILCS 130/130)
2    (Section scheduled to be repealed on July 1, 2020)
3    Sec. 130. Requirements; prohibitions; penalties;
4dispensing organizations.
5    (a) The Department of Financial and Professional
6Regulation shall implement the provisions of this Section by
7rule.
8    (b) A dispensing organization shall maintain operating
9documents which shall include procedures for the oversight of
10the registered dispensing organization and procedures to
11ensure accurate recordkeeping.
12    (c) A dispensing organization shall implement appropriate
13security measures, as provided by rule, to deter and prevent
14the theft of cannabis and unauthorized entrance into areas
15containing cannabis.
16    (d) A dispensing organization may not be located within
171,000 feet of the property line of a pre-existing public or
18private preschool or elementary or secondary school or day care
19center, day care home, group day care home, or part day child
20care facility. A registered dispensing organization may not be
21located in a house, apartment, condominium, or an area zoned
22for residential use. This subsection shall not apply to any
23dispensing organizations registered on or after July 1, 2019.
24    (e) A dispensing organization is prohibited from acquiring
25cannabis from anyone other than a registered cultivation
26center. A dispensing organization is prohibited from obtaining

 

 

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1cannabis from outside the State of Illinois.
2    (f) A registered dispensing organization is prohibited
3from dispensing cannabis for any purpose except to assist
4registered qualifying patients with the medical use of cannabis
5directly or through the qualifying patients' designated
6caregivers.
7    (g) The area in a dispensing organization where medical
8cannabis is stored can only be accessed by dispensing
9organization agents working for the dispensing organization,
10Department of Financial and Professional Regulation staff
11performing inspections, law enforcement or other emergency
12personnel, and contractors working on jobs unrelated to medical
13cannabis, such as installing or maintaining security devices or
14performing electrical wiring.
15    (h) A dispensing organization may not dispense more than
162.5 ounces of cannabis to a registered qualifying patient,
17directly or via a designated caregiver, in any 14-day period
18unless the qualifying patient has a Department of Public
19Health-approved quantity waiver. Any Department of Public
20Health-approved quantity waiver process must be made available
21to qualified veterans.
22    (i) Except as provided in subsection (i-5), before medical
23cannabis may be dispensed to a designated caregiver or a
24registered qualifying patient, a dispensing organization agent
25must determine that the individual is a current cardholder in
26the verification system and must verify each of the following:

 

 

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

 

 

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

 

 

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1proper with regard to the registration of any person issued
2under this Act to operate a dispensing organization or act as a
3dispensing organization agent, including imposing fines not to
4exceed $10,000 for each violation, for any violations of this
5Act and rules adopted in accordance with this Act. The
6procedures for disciplining a registered dispensing
7organization shall be determined by rule. All final
8administrative decisions of the Department of Financial and
9Professional Regulation are subject to judicial review under
10the Administrative Review Law and its rules. The term
11"administrative decision" is defined as in Section 3-101 of the
12Code of Civil Procedure.
13    (o) Dispensing organizations are subject to random
14inspection and cannabis testing by the Department of Financial
15and Professional Regulation and State Police as provided by
16rule.
17    (p) The Department of Financial and Professional
18Regulation shall adopt rules permitting returns, and potential
19refunds, for damaged or inadequate products.
20    (q) The Department of Financial and Professional
21Regulation may issue nondisciplinary citations for minor
22violations which may be accompanied by a civil penalty not to
23exceed $10,000 per violation. The penalty shall be a civil
24penalty or other condition as established by rule. The citation
25shall be issued to the licensee and shall contain the
26licensee's name, address, and license number, a brief factual

 

 

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1statement, the Sections of the law or rule allegedly violated,
2and the civil penalty, if any, imposed. The citation must
3clearly state that the licensee may choose, in lieu of
4accepting the citation, to request a hearing. If the licensee
5does not dispute the matter in the citation with the Department
6of Financial and Professional Regulation within 30 days after
7the citation is served, then the citation shall become final
8and shall not be subject to appeal.
9(Source: P.A. 100-1114, eff. 8-28-18.)
 
10    (410 ILCS 130/145)
11    (Section scheduled to be repealed on July 1, 2020)
12    Sec. 145. Confidentiality.
13    (a) The following information received and records kept by
14the Department of Public Health, Department of Financial and
15Professional Regulation, Department of Agriculture, or
16Department of State Police for purposes of administering this
17Act are subject to all applicable federal privacy laws,
18confidential, and exempt from the Freedom of Information Act,
19and not subject to disclosure to any individual or public or
20private entity, except as necessary for authorized employees of
21those authorized agencies to perform official duties under this
22Act and the following information received and records kept by
23Department of Public Health, Department of Agriculture,
24Department of Financial and Professional Regulation, and
25Department of State Police, excluding any existing or

 

 

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1non-existing Illinois or national criminal history record
2information as defined in subsection (d), may be disclosed to
3each other upon request:
4        (1) Applications and renewals, their contents, and
5    supporting information submitted by qualifying patients
6    and designated caregivers, including information regarding
7    their designated caregivers and certifying health care
8    professionals physicians.
9        (2) Applications and renewals, their contents, and
10    supporting information submitted by or on behalf of
11    cultivation centers and dispensing organizations in
12    compliance with this Act, including their physical
13    addresses.
14        (3) The individual names and other information
15    identifying persons to whom the Department of Public Health
16    has issued registry identification cards.
17        (4) Any dispensing information required to be kept
18    under Section 135, Section 150, or Department of Public
19    Health, Department of Agriculture, or Department of
20    Financial and Professional Regulation rules shall identify
21    cardholders and registered cultivation centers by their
22    registry identification numbers and medical cannabis
23    dispensing organizations by their registration number and
24    not contain names or other personally identifying
25    information.
26        (5) All medical records provided to the Department of

 

 

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1    Public Health in connection with an application for a
2    registry card.
3    (b) Nothing in this Section precludes the following:
4        (1) Department of Agriculture, Department of Financial
5    and Professional Regulation, or Public Health employees
6    may notify law enforcement about falsified or fraudulent
7    information submitted to the Departments if the employee
8    who suspects that falsified or fraudulent information has
9    been submitted conferred with his or her supervisor and
10    both agree that circumstances exist that warrant
11    reporting.
12        (2) If the employee conferred with his or her
13    supervisor and both agree that circumstances exist that
14    warrant reporting, Department of Public Health employees
15    may notify the Department of Financial and Professional
16    Regulation if there is reasonable cause to believe a
17    certifying health care professional physician:
18            (A) issued a written certification without a bona
19        fide health care professional-patient
20        physician-patient relationship under this Act;
21            (B) issued a written certification to a person who
22        was not under the certifying health care
23        professional's physician's care for the debilitating
24        medical condition; or
25            (C) failed to abide by the acceptable and
26        prevailing standard of care when evaluating a

 

 

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1        patient's medical condition.
2        (3) The Department of Public Health, Department of
3    Agriculture, and Department of Financial and Professional
4    Regulation may notify State or local law enforcement about
5    apparent criminal violations of this Act if the employee
6    who suspects the offense has conferred with his or her
7    supervisor and both agree that circumstances exist that
8    warrant reporting.
9        (4) Medical cannabis cultivation center agents and
10    medical cannabis dispensing organizations may notify the
11    Department of Public Health, Department of Financial and
12    Professional Regulation, or Department of Agriculture of a
13    suspected violation or attempted violation of this Act or
14    the rules issued under it.
15        (5) Each Department may verify registry identification
16    cards under Section 150.
17        (6) The submission of the report to the General
18    Assembly under Section 160.
19    (c) It is a Class B misdemeanor with a $1,000 fine for any
20person, including an employee or official of the Department of
21Public Health, Department of Financial and Professional
22Regulation, or Department of Agriculture or another State
23agency or local government, to breach the confidentiality of
24information obtained under this Act.
25    (d) The Department of Public Health, the Department of
26Agriculture, the Department of State Police, and the Department

 

 

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1of Financial and Professional Regulation shall not share or
2disclose any existing or non-existing Illinois or national
3criminal history record information. For the purposes of this
4Section, "any existing or non-existing Illinois or national
5criminal history record information" means any Illinois or
6national criminal history record information, including but
7not limited to the lack of or non-existence of these records.
8(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
 
9    (410 ILCS 130/160)
10    (Section scheduled to be repealed on July 1, 2020)
11    Sec. 160. Annual reports. The Department of Public Health
12shall submit to the General Assembly a report, by September 30
13of each year, that does not disclose any identifying
14information about registered qualifying patients, registered
15caregivers, or certifying health care professionals
16physicians, but does contain, at a minimum, all of the
17following information based on the fiscal year for reporting
18purposes:
19        (1) the number of applications and renewals filed for
20    registry identification cards or registrations;
21        (2) the number of qualifying patients and designated
22    caregivers served by each dispensary during the report
23    year;
24        (3) the nature of the debilitating medical conditions
25    of the qualifying patients;

 

 

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1        (4) the number of registry identification cards or
2    registrations revoked for misconduct;
3        (5) the number of certifying health care professionals
4    physicians providing written certifications for qualifying
5    patients; and
6        (6) the number of registered medical cannabis
7    cultivation centers or registered dispensing
8    organizations;
9        (7) the number of Opioid Alternative Pilot Program
10    participants.
11(Source: P.A. 100-863, eff. 8-14-18; 100-1114, eff. 8-28-18.)
 
12    (410 ILCS 130/173 new)
13    Sec. 173. Conflicts of law. To the extent that any
14provision of this Act conflicts with any Act that allows the
15recreational use of cannabis, the provisions of that Act shall
16control.
 
17    (410 ILCS 130/195)
18    (Section scheduled to be repealed on July 1, 2020)
19    Sec. 195. Definitions. For the purposes of this Law:
20    "Cultivation center" has the meaning ascribed to that term
21in the Compassionate Use of Medical Cannabis Pilot Program Act.
22    "Department" means the Department of Revenue.
23    "Dispensing organization" has the meaning ascribed to that
24term in the Compassionate Use of Medical Cannabis Pilot Program

 

 

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1Act.
2    "Person" means an individual, partnership, corporation, or
3public or private organization.
4    "Qualifying patient" means a qualifying patient registered
5under the Compassionate Use of Medical Cannabis Pilot Program
6Act.
7(Source: P.A. 98-122, eff. 1-1-14.)
 
8    (410 ILCS 130/200)
9    (Section scheduled to be repealed on July 1, 2020)
10    Sec. 200. Tax imposed.
11    (a) Beginning on the effective date of this Act, a tax is
12imposed upon the privilege of cultivating medical cannabis at a
13rate of 7% of the sales price per ounce. The proceeds from this
14tax shall be deposited into the Compassionate Use of Medical
15Cannabis Fund created under the Compassionate Use of Medical
16Cannabis Pilot Program Act. This tax shall be paid by a
17cultivation center and is not the responsibility of a
18dispensing organization or a qualifying patient.
19    (b) The tax imposed under this Act shall be in addition to
20all other occupation or privilege taxes imposed by the State of
21Illinois or by any municipal corporation or political
22subdivision thereof.
23(Source: P.A. 98-122, eff. 1-1-14.)
 
24    (410 ILCS 130/135 rep.)

 

 

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1    (410 ILCS 130/220 rep.)
2    Section 60. The Compassionate Use of Medical Cannabis Pilot
3Program Act is amended by repealing Sections 135 and 220.
 
4    Section 65. The Illinois Vehicle Code is amended by
5changing Sections 2-118.2, 6-206.1, 11-501, and 11-501.9 as
6follows:
 
7    (625 ILCS 5/2-118.2)
8    Sec. 2-118.2. Opportunity for hearing; medical
9cannabis-related suspension under Section 11-501.9.
10    (a) A suspension of driving privileges under Section
1111-501.9 of this Code shall not become effective until the
12person is notified in writing of the impending suspension and
13informed that he or she may request a hearing in the circuit
14court of venue under subsection (b) of this Section and the
15suspension shall become effective as provided in Section
1611-501.9.
17    (b) Within 90 days after the notice of suspension served
18under Section 11-501.9, the person may make a written request
19for a judicial hearing in the circuit court of venue. The
20request to the circuit court shall state the grounds upon which
21the person seeks to have the suspension rescinded. Within 30
22days after receipt of the written request or the first
23appearance date on the Uniform Traffic Ticket issued for a
24violation of Section 11-501 of this Code, or a similar

 

 

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1provision of a local ordinance, the hearing shall be conducted
2by the circuit court having jurisdiction. This judicial
3hearing, request, or process shall not stay or delay the
4suspension. The hearing shall proceed in the court in the same
5manner as in other civil proceedings.
6    The hearing may be conducted upon a review of the law
7enforcement officer's own official reports; provided however,
8that the person may subpoena the officer. Failure of the
9officer to answer the subpoena shall be considered grounds for
10a continuance if in the court's discretion the continuance is
11appropriate.
12    The scope of the hearing shall be limited to the issues of:
13        (1) Whether the person was issued a registry
14    identification card under the Compassionate Use of Medical
15    Cannabis Pilot Program Act; and
16        (2) Whether the officer had reasonable suspicion to
17    believe that the person was driving or in actual physical
18    control of a motor vehicle upon a highway while impaired by
19    the use of cannabis; and
20        (3) Whether the person, after being advised by the
21    officer that the privilege to operate a motor vehicle would
22    be suspended if the person refused to submit to and
23    complete the field sobriety tests, did refuse to submit to
24    or complete the field sobriety tests authorized under
25    Section 11-501.9; and
26        (4) Whether the person after being advised by the

 

 

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1    officer that the privilege to operate a motor vehicle would
2    be suspended if the person submitted to field sobriety
3    tests that disclosed the person was impaired by the use of
4    cannabis, did submit to field sobriety tests that disclosed
5    that the person was impaired by the use of cannabis.
6    Upon the conclusion of the judicial hearing, the circuit
7court shall sustain or rescind the suspension and immediately
8notify the Secretary of State. Reports received by the
9Secretary of State under this Section shall be privileged
10information and for use only by the courts, police officers,
11and Secretary of State.
12(Source: P.A. 98-1172, eff. 1-12-15.)
 
13    (625 ILCS 5/6-206.1)  (from Ch. 95 1/2, par. 6-206.1)
14    Sec. 6-206.1. Monitoring Device Driving Permit.
15Declaration of Policy. It is hereby declared a policy of the
16State of Illinois that the driver who is impaired by alcohol,
17other drug or drugs, or intoxicating compound or compounds is a
18threat to the public safety and welfare. Therefore, to provide
19a deterrent to such practice, a statutory summary driver's
20license suspension is appropriate. It is also recognized that
21driving is a privilege and therefore, that the granting of
22driving privileges, in a manner consistent with public safety,
23is warranted during the period of suspension in the form of a
24monitoring device driving permit. A person who drives and fails
25to comply with the requirements of the monitoring device

 

 

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1driving permit commits a violation of Section 6-303 of this
2Code.
3    The following procedures shall apply whenever a first
4offender, as defined in Section 11-500 of this Code, is
5arrested for any offense as defined in Section 11-501 or a
6similar provision of a local ordinance and is subject to the
7provisions of Section 11-501.1:
8    (a) Upon mailing of the notice of suspension of driving
9privileges as provided in subsection (h) of Section 11-501.1 of
10this Code, the Secretary shall also send written notice
11informing the person that he or she will be issued a monitoring
12device driving permit (MDDP). The notice shall include, at
13minimum, information summarizing the procedure to be followed
14for issuance of the MDDP, installation of the breath alcohol
15ignition installation device (BAIID), as provided in this
16Section, exemption from BAIID installation requirements, and
17procedures to be followed by those seeking indigent status, as
18provided in this Section. The notice shall also include
19information summarizing the procedure to be followed if the
20person wishes to decline issuance of the MDDP. A copy of the
21notice shall also be sent to the court of venue together with
22the notice of suspension of driving privileges, as provided in
23subsection (h) of Section 11-501. However, a MDDP shall not be
24issued if the Secretary finds that:
25        (1) the offender's driver's license is otherwise
26    invalid;

 

 

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1        (2) death or great bodily harm to another resulted from
2    the arrest for Section 11-501;
3        (3) the offender has been previously convicted of
4    reckless homicide or aggravated driving under the
5    influence involving death;
6        (4) the offender is less than 18 years of age; or
7        (5) the offender is a qualifying patient licensed under
8    the Compassionate Use of Medical Cannabis Pilot Program Act
9    who is in possession of a valid registry card issued under
10    that Act and refused to submit to standardized field
11    sobriety tests as required by subsection (a) of Section
12    11-501.9 or did submit to testing which disclosed the
13    person was impaired by the use of cannabis.
14    Any offender participating in the MDDP program must pay the
15Secretary a MDDP Administration Fee in an amount not to exceed
16$30 per month, to be deposited into the Monitoring Device
17Driving Permit Administration Fee Fund. The Secretary shall
18establish by rule the amount and the procedures, terms, and
19conditions relating to these fees. The offender must have an
20ignition interlock device installed within 14 days of the date
21the Secretary issues the MDDP. The ignition interlock device
22provider must notify the Secretary, in a manner and form
23prescribed by the Secretary, of the installation. If the
24Secretary does not receive notice of installation, the
25Secretary shall cancel the MDDP.
26    Upon receipt of the notice, as provided in paragraph (a) of

 

 

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1this Section, the person may file a petition to decline
2issuance of the MDDP with the court of venue. The court shall
3admonish the offender of all consequences of declining issuance
4of the MDDP including, but not limited to, the enhanced
5penalties for driving while suspended. After being so
6admonished, the offender shall be permitted, in writing, to
7execute a notice declining issuance of the MDDP. This notice
8shall be filed with the court and forwarded by the clerk of the
9court to the Secretary. The offender may, at any time
10thereafter, apply to the Secretary for issuance of a MDDP.
11    (a-1) A person issued a MDDP may drive for any purpose and
12at any time, subject to the rules adopted by the Secretary
13under subsection (g). The person must, at his or her own
14expense, drive only vehicles equipped with an ignition
15interlock device as defined in Section 1-129.1, but in no event
16shall such person drive a commercial motor vehicle.
17    (a-2) Persons who are issued a MDDP and must drive
18employer-owned vehicles in the course of their employment
19duties may seek permission to drive an employer-owned vehicle
20that does not have an ignition interlock device. The employer
21shall provide to the Secretary a form, as prescribed by the
22Secretary, completed by the employer verifying that the
23employee must drive an employer-owned vehicle in the course of
24employment. If approved by the Secretary, the form must be in
25the driver's possession while operating an employer-owner
26vehicle not equipped with an ignition interlock device. No

 

 

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1person may use this exemption to drive a school bus, school
2vehicle, or a vehicle designed to transport more than 15
3passengers. No person may use this exemption to drive an
4employer-owned motor vehicle that is owned by an entity that is
5wholly or partially owned by the person holding the MDDP, or by
6a family member of the person holding the MDDP. No person may
7use this exemption to drive an employer-owned vehicle that is
8made available to the employee for personal use. No person may
9drive the exempted vehicle more than 12 hours per day, 6 days
10per week.
11    (a-3) Persons who are issued a MDDP and who must drive a
12farm tractor to and from a farm, within 50 air miles from the
13originating farm are exempt from installation of a BAIID on the
14farm tractor, so long as the farm tractor is being used for the
15exclusive purpose of conducting farm operations.
16    (b) (Blank).
17    (c) (Blank).
18    (c-1) If the holder of the MDDP is convicted of or receives
19court supervision for a violation of Section 6-206.2, 6-303,
2011-204, 11-204.1, 11-401, 11-501, 11-503, 11-506 or a similar
21provision of a local ordinance or a similar out-of-state
22offense or is convicted of or receives court supervision for
23any offense for which alcohol or drugs is an element of the
24offense and in which a motor vehicle was involved (for an
25arrest other than the one for which the MDDP is issued), or
26de-installs the BAIID without prior authorization from the

 

 

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1Secretary, the MDDP shall be cancelled.
2    (c-5) If the Secretary determines that the person seeking
3the MDDP is indigent, the Secretary shall provide the person
4with a written document as evidence of that determination, and
5the person shall provide that written document to an ignition
6interlock device provider. The provider shall install an
7ignition interlock device on that person's vehicle without
8charge to the person, and seek reimbursement from the Indigent
9BAIID Fund. If the Secretary has deemed an offender indigent,
10the BAIID provider shall also provide the normal monthly
11monitoring services and the de-installation without charge to
12the offender and seek reimbursement from the Indigent BAIID
13Fund. Any other monetary charges, such as a lockout fee or
14reset fee, shall be the responsibility of the MDDP holder. A
15BAIID provider may not seek a security deposit from the
16Indigent BAIID Fund.
17    (d) MDDP information shall be available only to the courts,
18police officers, and the Secretary, except during the actual
19period the MDDP is valid, during which time it shall be a
20public record.
21    (e) (Blank).
22    (f) (Blank).
23    (g) The Secretary shall adopt rules for implementing this
24Section. The rules adopted shall address issues including, but
25not limited to: compliance with the requirements of the MDDP;
26methods for determining compliance with those requirements;

 

 

SB2023 Enrolled- 190 -LRB101 09588 JRG 54686 b

1the consequences of noncompliance with those requirements;
2what constitutes a violation of the MDDP; methods for
3determining indigency; and the duties of a person or entity
4that supplies the ignition interlock device.
5    (h) The rules adopted under subsection (g) shall provide,
6at a minimum, that the person is not in compliance with the
7requirements of the MDDP if he or she:
8        (1) tampers or attempts to tamper with or circumvent
9    the proper operation of the ignition interlock device;
10        (2) provides valid breath samples that register blood
11    alcohol levels in excess of the number of times allowed
12    under the rules;
13        (3) fails to provide evidence sufficient to satisfy the
14    Secretary that the ignition interlock device has been
15    installed in the designated vehicle or vehicles; or
16        (4) fails to follow any other applicable rules adopted
17    by the Secretary.
18    (i) Any person or entity that supplies an ignition
19interlock device as provided under this Section shall, in
20addition to supplying only those devices which fully comply
21with all the rules adopted under subsection (g), provide the
22Secretary, within 7 days of inspection, all monitoring reports
23of each person who has had an ignition interlock device
24installed. These reports shall be furnished in a manner or form
25as prescribed by the Secretary.
26    (j) Upon making a determination that a violation of the

 

 

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1requirements of the MDDP has occurred, the Secretary shall
2extend the summary suspension period for an additional 3 months
3beyond the originally imposed summary suspension period,
4during which time the person shall only be allowed to drive
5vehicles equipped with an ignition interlock device; provided
6further there are no limitations on the total number of times
7the summary suspension may be extended. The Secretary may,
8however, limit the number of extensions imposed for violations
9occurring during any one monitoring period, as set forth by
10rule. Any person whose summary suspension is extended pursuant
11to this Section shall have the right to contest the extension
12through a hearing with the Secretary, pursuant to Section 2-118
13of this Code. If the summary suspension has already terminated
14prior to the Secretary receiving the monitoring report that
15shows a violation, the Secretary shall be authorized to suspend
16the person's driving privileges for 3 months, provided that the
17Secretary may, by rule, limit the number of suspensions to be
18entered pursuant to this paragraph for violations occurring
19during any one monitoring period. Any person whose license is
20suspended pursuant to this paragraph, after the summary
21suspension had already terminated, shall have the right to
22contest the suspension through a hearing with the Secretary,
23pursuant to Section 2-118 of this Code. The only permit the
24person shall be eligible for during this new suspension period
25is a MDDP.
26    (k) A person who has had his or her summary suspension

 

 

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1extended for the third time, or has any combination of 3
2extensions and new suspensions, entered as a result of a
3violation that occurred while holding the MDDP, so long as the
4extensions and new suspensions relate to the same summary
5suspension, shall have his or her vehicle impounded for a
6period of 30 days, at the person's own expense. A person who
7has his or her summary suspension extended for the fourth time,
8or has any combination of 4 extensions and new suspensions,
9entered as a result of a violation that occurred while holding
10the MDDP, so long as the extensions and new suspensions relate
11to the same summary suspension, shall have his or her vehicle
12subject to seizure and forfeiture. The Secretary shall notify
13the prosecuting authority of any third or fourth extensions or
14new suspension entered as a result of a violation that occurred
15while the person held a MDDP. Upon receipt of the notification,
16the prosecuting authority shall impound or forfeit the vehicle.
17The impoundment or forfeiture of a vehicle shall be conducted
18pursuant to the procedure specified in Article 36 of the
19Criminal Code of 2012.
20    (l) A person whose driving privileges have been suspended
21under Section 11-501.1 of this Code and who had a MDDP that was
22cancelled, or would have been cancelled had notification of a
23violation been received prior to expiration of the MDDP,
24pursuant to subsection (c-1) of this Section, shall not be
25eligible for reinstatement when the summary suspension is
26scheduled to terminate. Instead, the person's driving

 

 

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1privileges shall be suspended for a period of not less than
2twice the original summary suspension period, or for the length
3of any extensions entered under subsection (j), whichever is
4longer. During the period of suspension, the person shall be
5eligible only to apply for a restricted driving permit. If a
6restricted driving permit is granted, the offender may only
7operate vehicles equipped with a BAIID in accordance with this
8Section.
9    (m) Any person or entity that supplies an ignition
10interlock device under this Section shall, for each ignition
11interlock device installed, pay 5% of the total gross revenue
12received for the device, including monthly monitoring fees,
13into the Indigent BAIID Fund. This 5% shall be clearly
14indicated as a separate surcharge on each invoice that is
15issued. The Secretary shall conduct an annual review of the
16fund to determine whether the surcharge is sufficient to
17provide for indigent users. The Secretary may increase or
18decrease this surcharge requirement as needed.
19    (n) Any person or entity that supplies an ignition
20interlock device under this Section that is requested to
21provide an ignition interlock device to a person who presents
22written documentation of indigency from the Secretary, as
23provided in subsection (c-5) of this Section, shall install the
24device on the person's vehicle without charge to the person and
25shall seek reimbursement from the Indigent BAIID Fund.
26    (o) The Indigent BAIID Fund is created as a special fund in

 

 

SB2023 Enrolled- 194 -LRB101 09588 JRG 54686 b

1the State treasury. The Secretary shall, subject to
2appropriation by the General Assembly, use all money in the
3Indigent BAIID Fund to reimburse ignition interlock device
4providers who have installed devices in vehicles of indigent
5persons. The Secretary shall make payments to such providers
6every 3 months. If the amount of money in the fund at the time
7payments are made is not sufficient to pay all requests for
8reimbursement submitted during that 3 month period, the
9Secretary shall make payments on a pro-rata basis, and those
10payments shall be considered payment in full for the requests
11submitted.
12    (p) The Monitoring Device Driving Permit Administration
13Fee Fund is created as a special fund in the State treasury.
14The Secretary shall, subject to appropriation by the General
15Assembly, use the money paid into this fund to offset its
16administrative costs for administering MDDPs.
17    (q) The Secretary is authorized to prescribe such forms as
18it deems necessary to carry out the provisions of this Section.
19(Source: P.A. 98-122, eff. 1-1-14; 98-1015, eff. 8-22-14;
2098-1172, eff. 1-12-15; 99-467, eff. 1-1-16.)
 
21    (625 ILCS 5/11-501)  (from Ch. 95 1/2, par. 11-501)
22    Sec. 11-501. Driving while under the influence of alcohol,
23other drug or drugs, intoxicating compound or compounds or any
24combination thereof.
25    (a) A person shall not drive or be in actual physical

 

 

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1control of any vehicle within this State while:
2        (1) the alcohol concentration in the person's blood,
3    other bodily substance, or breath is 0.08 or more based on
4    the definition of blood and breath units in Section
5    11-501.2;
6        (2) under the influence of alcohol;
7        (3) under the influence of any intoxicating compound or
8    combination of intoxicating compounds to a degree that
9    renders the person incapable of driving safely;
10        (4) under the influence of any other drug or
11    combination of drugs to a degree that renders the person
12    incapable of safely driving;
13        (5) under the combined influence of alcohol, other drug
14    or drugs, or intoxicating compound or compounds to a degree
15    that renders the person incapable of safely driving;
16        (6) there is any amount of a drug, substance, or
17    compound in the person's breath, blood, other bodily
18    substance, or urine resulting from the unlawful use or
19    consumption of a controlled substance listed in the
20    Illinois Controlled Substances Act, an intoxicating
21    compound listed in the Use of Intoxicating Compounds Act,
22    or methamphetamine as listed in the Methamphetamine
23    Control and Community Protection Act; or
24        (7) the person has, within 2 hours of driving or being
25    in actual physical control of a vehicle, a
26    tetrahydrocannabinol concentration in the person's whole

 

 

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1    blood or other bodily substance as defined in paragraph 6
2    of subsection (a) of Section 11-501.2 of this Code. Subject
3    to all other requirements and provisions under this
4    Section, this paragraph (7) does not apply to the lawful
5    consumption of cannabis by a qualifying patient licensed
6    under the Compassionate Use of Medical Cannabis Pilot
7    Program Act who is in possession of a valid registry card
8    issued under that Act, unless that person is impaired by
9    the use of cannabis.
10    (b) The fact that any person charged with violating this
11Section is or has been legally entitled to use alcohol,
12cannabis under the Compassionate Use of Medical Cannabis Pilot
13Program Act, other drug or drugs, or intoxicating compound or
14compounds, or any combination thereof, shall not constitute a
15defense against any charge of violating this Section.
16    (c) Penalties.
17        (1) Except as otherwise provided in this Section, any
18    person convicted of violating subsection (a) of this
19    Section is guilty of a Class A misdemeanor.
20        (2) A person who violates subsection (a) or a similar
21    provision a second time shall be sentenced to a mandatory
22    minimum term of either 5 days of imprisonment or 240 hours
23    of community service in addition to any other criminal or
24    administrative sanction.
25        (3) A person who violates subsection (a) is subject to
26    6 months of imprisonment, an additional mandatory minimum

 

 

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1    fine of $1,000, and 25 days of community service in a
2    program benefiting children if the person was transporting
3    a person under the age of 16 at the time of the violation.
4        (4) A person who violates subsection (a) a first time,
5    if the alcohol concentration in his or her blood, breath,
6    other bodily substance, or urine was 0.16 or more based on
7    the definition of blood, breath, other bodily substance, or
8    urine units in Section 11-501.2, shall be subject, in
9    addition to any other penalty that may be imposed, to a
10    mandatory minimum of 100 hours of community service and a
11    mandatory minimum fine of $500.
12        (5) A person who violates subsection (a) a second time,
13    if at the time of the second violation the alcohol
14    concentration in his or her blood, breath, other bodily
15    substance, or urine was 0.16 or more based on the
16    definition of blood, breath, other bodily substance, or
17    urine units in Section 11-501.2, shall be subject, in
18    addition to any other penalty that may be imposed, to a
19    mandatory minimum of 2 days of imprisonment and a mandatory
20    minimum fine of $1,250.
21    (d) Aggravated driving under the influence of alcohol,
22other drug or drugs, or intoxicating compound or compounds, or
23any combination thereof.
24        (1) Every person convicted of committing a violation of
25    this Section shall be guilty of aggravated driving under
26    the influence of alcohol, other drug or drugs, or

 

 

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1    intoxicating compound or compounds, or any combination
2    thereof if:
3            (A) the person committed a violation of subsection
4        (a) or a similar provision for the third or subsequent
5        time;
6            (B) the person committed a violation of subsection
7        (a) while driving a school bus with one or more
8        passengers on board;
9            (C) the person in committing a violation of
10        subsection (a) was involved in a motor vehicle accident
11        that resulted in great bodily harm or permanent
12        disability or disfigurement to another, when the
13        violation was a proximate cause of the injuries;
14            (D) the person committed a violation of subsection
15        (a) and has been previously convicted of violating
16        Section 9-3 of the Criminal Code of 1961 or the
17        Criminal Code of 2012 or a similar provision of a law
18        of another state relating to reckless homicide in which
19        the person was determined to have been under the
20        influence of alcohol, other drug or drugs, or
21        intoxicating compound or compounds as an element of the
22        offense or the person has previously been convicted
23        under subparagraph (C) or subparagraph (F) of this
24        paragraph (1);
25            (E) the person, in committing a violation of
26        subsection (a) while driving at any speed in a school

 

 

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1        speed zone at a time when a speed limit of 20 miles per
2        hour was in effect under subsection (a) of Section
3        11-605 of this Code, was involved in a motor vehicle
4        accident that resulted in bodily harm, other than great
5        bodily harm or permanent disability or disfigurement,
6        to another person, when the violation of subsection (a)
7        was a proximate cause of the bodily harm;
8            (F) the person, in committing a violation of
9        subsection (a), was involved in a motor vehicle,
10        snowmobile, all-terrain vehicle, or watercraft
11        accident that resulted in the death of another person,
12        when the violation of subsection (a) was a proximate
13        cause of the death;
14            (G) the person committed a violation of subsection
15        (a) during a period in which the defendant's driving
16        privileges are revoked or suspended, where the
17        revocation or suspension was for a violation of
18        subsection (a) or a similar provision, Section
19        11-501.1, paragraph (b) of Section 11-401, or for
20        reckless homicide as defined in Section 9-3 of the
21        Criminal Code of 1961 or the Criminal Code of 2012;
22            (H) the person committed the violation while he or
23        she did not possess a driver's license or permit or a
24        restricted driving permit or a judicial driving permit
25        or a monitoring device driving permit;
26            (I) the person committed the violation while he or

 

 

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1        she knew or should have known that the vehicle he or
2        she was driving was not covered by a liability
3        insurance policy;
4            (J) the person in committing a violation of
5        subsection (a) was involved in a motor vehicle accident
6        that resulted in bodily harm, but not great bodily
7        harm, to the child under the age of 16 being
8        transported by the person, if the violation was the
9        proximate cause of the injury;
10            (K) the person in committing a second violation of
11        subsection (a) or a similar provision was transporting
12        a person under the age of 16; or
13            (L) the person committed a violation of subsection
14        (a) of this Section while transporting one or more
15        passengers in a vehicle for-hire.
16        (2)(A) Except as provided otherwise, a person
17    convicted of aggravated driving under the influence of
18    alcohol, other drug or drugs, or intoxicating compound or
19    compounds, or any combination thereof is guilty of a Class
20    4 felony.
21        (B) A third violation of this Section or a similar
22    provision is a Class 2 felony. If at the time of the third
23    violation the alcohol concentration in his or her blood,
24    breath, other bodily substance, or urine was 0.16 or more
25    based on the definition of blood, breath, other bodily
26    substance, or urine units in Section 11-501.2, a mandatory

 

 

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1    minimum of 90 days of imprisonment and a mandatory minimum
2    fine of $2,500 shall be imposed in addition to any other
3    criminal or administrative sanction. If at the time of the
4    third violation, the defendant was transporting a person
5    under the age of 16, a mandatory fine of $25,000 and 25
6    days of community service in a program benefiting children
7    shall be imposed in addition to any other criminal or
8    administrative sanction.
9        (C) A fourth violation of this Section or a similar
10    provision is a Class 2 felony, for which a sentence of
11    probation or conditional discharge may not be imposed. If
12    at the time of the violation, the alcohol concentration in
13    the defendant's blood, breath, other bodily substance, or
14    urine was 0.16 or more based on the definition of blood,
15    breath, other bodily substance, or urine units in Section
16    11-501.2, a mandatory minimum fine of $5,000 shall be
17    imposed in addition to any other criminal or administrative
18    sanction. If at the time of the fourth violation, the
19    defendant was transporting a person under the age of 16 a
20    mandatory fine of $25,000 and 25 days of community service
21    in a program benefiting children shall be imposed in
22    addition to any other criminal or administrative sanction.
23        (D) A fifth violation of this Section or a similar
24    provision is a Class 1 felony, for which a sentence of
25    probation or conditional discharge may not be imposed. If
26    at the time of the violation, the alcohol concentration in

 

 

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1    the defendant's blood, breath, other bodily substance, or
2    urine was 0.16 or more based on the definition of blood,
3    breath, other bodily substance, or urine units in Section
4    11-501.2, a mandatory minimum fine of $5,000 shall be
5    imposed in addition to any other criminal or administrative
6    sanction. If at the time of the fifth violation, the
7    defendant was transporting a person under the age of 16, a
8    mandatory fine of $25,000, and 25 days of community service
9    in a program benefiting children shall be imposed in
10    addition to any other criminal or administrative sanction.
11        (E) A sixth or subsequent violation of this Section or
12    similar provision is a Class X felony. If at the time of
13    the violation, the alcohol concentration in the
14    defendant's blood, breath, other bodily substance, or
15    urine was 0.16 or more based on the definition of blood,
16    breath, other bodily substance, or urine units in Section
17    11-501.2, a mandatory minimum fine of $5,000 shall be
18    imposed in addition to any other criminal or administrative
19    sanction. If at the time of the violation, the defendant
20    was transporting a person under the age of 16, a mandatory
21    fine of $25,000 and 25 days of community service in a
22    program benefiting children shall be imposed in addition to
23    any other criminal or administrative sanction.
24        (F) For a violation of subparagraph (C) of paragraph
25    (1) of this subsection (d), the defendant, if sentenced to
26    a term of imprisonment, shall be sentenced to not less than

 

 

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1    one year nor more than 12 years.
2        (G) A violation of subparagraph (F) of paragraph (1) of
3    this subsection (d) is a Class 2 felony, for which the
4    defendant, unless the court determines that extraordinary
5    circumstances exist and require probation, shall be
6    sentenced to: (i) a term of imprisonment of not less than 3
7    years and not more than 14 years if the violation resulted
8    in the death of one person; or (ii) a term of imprisonment
9    of not less than 6 years and not more than 28 years if the
10    violation resulted in the deaths of 2 or more persons.
11        (H) For a violation of subparagraph (J) of paragraph
12    (1) of this subsection (d), a mandatory fine of $2,500, and
13    25 days of community service in a program benefiting
14    children shall be imposed in addition to any other criminal
15    or administrative sanction.
16        (I) A violation of subparagraph (K) of paragraph (1) of
17    this subsection (d), is a Class 2 felony and a mandatory
18    fine of $2,500, and 25 days of community service in a
19    program benefiting children shall be imposed in addition to
20    any other criminal or administrative sanction. If the child
21    being transported suffered bodily harm, but not great
22    bodily harm, in a motor vehicle accident, and the violation
23    was the proximate cause of that injury, a mandatory fine of
24    $5,000 and 25 days of community service in a program
25    benefiting children shall be imposed in addition to any
26    other criminal or administrative sanction.

 

 

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1        (J) A violation of subparagraph (D) of paragraph (1) of
2    this subsection (d) is a Class 3 felony, for which a
3    sentence of probation or conditional discharge may not be
4    imposed.
5        (3) Any person sentenced under this subsection (d) who
6    receives a term of probation or conditional discharge must
7    serve a minimum term of either 480 hours of community
8    service or 10 days of imprisonment as a condition of the
9    probation or conditional discharge in addition to any other
10    criminal or administrative sanction.
11    (e) Any reference to a prior violation of subsection (a) or
12a similar provision includes any violation of a provision of a
13local ordinance or a provision of a law of another state or an
14offense committed on a military installation that is similar to
15a violation of subsection (a) of this Section.
16    (f) The imposition of a mandatory term of imprisonment or
17assignment of community service for a violation of this Section
18shall not be suspended or reduced by the court.
19    (g) Any penalty imposed for driving with a license that has
20been revoked for a previous violation of subsection (a) of this
21Section shall be in addition to the penalty imposed for any
22subsequent violation of subsection (a).
23    (h) For any prosecution under this Section, a certified
24copy of the driving abstract of the defendant shall be admitted
25as proof of any prior conviction.
26(Source: P.A. 98-122, eff. 1-1-14; 98-573, eff. 8-27-13;

 

 

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198-756, eff. 7-16-14; 99-697, eff. 7-29-16.)
 
2    (625 ILCS 5/11-501.9)
3    Sec. 11-501.9. Suspension of driver's license; medical
4cannabis card holder; failure or refusal of field sobriety
5tests; implied consent.
6    (a) A person who has been issued a registry identification
7card under the Compassionate Use of Medical Cannabis Pilot
8Program Act who drives or is in actual physical control of a
9motor vehicle upon the public highways of this State shall be
10deemed to have given consent to standardized field sobriety
11tests approved by the National Highway Traffic Safety
12Administration, under subsection (a-5) of Section 11-501.2 of
13this Code, if detained by a law enforcement officer who has a
14reasonable suspicion that the person is driving or is in actual
15physical control of a motor vehicle while impaired by the use
16of cannabis. The law enforcement officer must have an
17independent, cannabis-related factual basis giving reasonable
18suspicion that the person is driving or in actual physical
19control of a motor vehicle while impaired by the use of
20cannabis for conducting standardized field sobriety tests,
21which shall be included with the results of the field sobriety
22tests in any report made by the law enforcement officer who
23requests the test. The person's possession of a registry
24identification card issued under the Compassionate Use of
25Medical Cannabis Pilot Program Act alone is not a sufficient

 

 

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1basis for reasonable suspicion.
2    For purposes of this Section, a law enforcement officer of
3this State who is investigating a person for an offense under
4Section 11-501 of this Code may travel into an adjoining state
5where the person has been transported for medical care to
6complete an investigation and to request that the person submit
7to field sobriety tests under this Section.
8    (b) A person who is unconscious, or otherwise in a
9condition rendering the person incapable of refusal, shall be
10deemed to have withdrawn the consent provided by subsection (a)
11of this Section.
12    (c) A person requested to submit to field sobriety tests,
13as provided in this Section, shall be warned by the law
14enforcement officer requesting the field sobriety tests that a
15refusal to submit to the field sobriety tests will result in
16the suspension of the person's privilege to operate a motor
17vehicle, as provided in subsection (f) of this Section. The
18person shall also be warned by the law enforcement officer that
19if the person submits to field sobriety tests as provided in
20this Section which disclose the person is impaired by the use
21of cannabis, a suspension of the person's privilege to operate
22a motor vehicle, as provided in subsection (f) of this Section,
23will be imposed.
24    (d) The results of field sobriety tests administered under
25this Section shall be admissible in a civil or criminal action
26or proceeding arising from an arrest for an offense as defined

 

 

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1in Section 11-501 of this Code or a similar provision of a
2local ordinance. These test results shall be admissible only in
3actions or proceedings directly related to the incident upon
4which the test request was made.
5    (e) If the person refuses field sobriety tests or submits
6to field sobriety tests that disclose the person is impaired by
7the use of cannabis, the law enforcement officer shall
8immediately submit a sworn report to the circuit court of venue
9and the Secretary of State certifying that testing was
10requested under this Section and that the person refused to
11submit to field sobriety tests or submitted to field sobriety
12tests that disclosed the person was impaired by the use of
13cannabis. The sworn report must include the law enforcement
14officer's factual basis for reasonable suspicion that the
15person was impaired by the use of cannabis.
16    (f) Upon receipt of the sworn report of a law enforcement
17officer submitted under subsection (e) of this Section, the
18Secretary of State shall enter the suspension to the driving
19record as follows:
20        (1) for refusal or failure to complete field sobriety
21    tests, a 12 month suspension shall be entered; or
22        (2) for submitting to field sobriety tests that
23    disclosed the driver was impaired by the use of cannabis, a
24    6 month suspension shall be entered.
25    The Secretary of State shall confirm the suspension by
26mailing a notice of the effective date of the suspension to the

 

 

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1person and the court of venue. However, should the sworn report
2be defective for insufficient information or be completed in
3error, the confirmation of the suspension shall not be mailed
4to the person or entered to the record; instead, the sworn
5report shall be forwarded to the court of venue with a copy
6returned to the issuing agency identifying the defect.
7    (g) The law enforcement officer submitting the sworn report
8under subsection (e) of this Section shall serve immediate
9notice of the suspension on the person and the suspension shall
10be effective as provided in subsection (h) of this Section. If
11immediate notice of the suspension cannot be given, the
12arresting officer or arresting agency shall give notice by
13deposit in the United States mail of the notice in an envelope
14with postage prepaid and addressed to the person at his or her
15address as shown on the Uniform Traffic Ticket and the
16suspension shall begin as provided in subsection (h) of this
17Section. The officer shall confiscate any Illinois driver's
18license or permit on the person at the time of arrest. If the
19person has a valid driver's license or permit, the officer
20shall issue the person a receipt, in a form prescribed by the
21Secretary of State, that will allow the person to drive during
22the period provided for in subsection (h) of this Section. The
23officer shall immediately forward the driver's license or
24permit to the circuit court of venue along with the sworn
25report under subsection (e) of this Section.
26    (h) The suspension under subsection (f) of this Section

 

 

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1shall take effect on the 46th day following the date the notice
2of the suspension was given to the person.
3    (i) When a driving privilege has been suspended under this
4Section and the person is subsequently convicted of violating
5Section 11-501 of this Code, or a similar provision of a local
6ordinance, for the same incident, any period served on
7suspension under this Section shall be credited toward the
8minimum period of revocation of driving privileges imposed
9under Section 6-205 of this Code.
10(Source: P.A. 98-1172, eff. 1-12-15.)
 
11    Section 70. The Cannabis Control Act is amended by changing
12Section 5.3 as follows:
 
13    (720 ILCS 550/5.3)
14    Sec. 5.3. Unlawful use of cannabis-based product
15manufacturing equipment.
16    (a) A person commits unlawful use of cannabis-based product
17manufacturing equipment when he or she knowingly engages in the
18possession, procurement, transportation, storage, or delivery
19of any equipment used in the manufacturing of any
20cannabis-based product using volatile or explosive gas,
21including, but not limited to, canisters of butane gas, with
22the intent to manufacture, compound, covert, produce, derive,
23process, or prepare either directly or indirectly any
24cannabis-based product.

 

 

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1    (b) This Section does not apply to a cultivation center or
2cultivation center agent that prepares medical cannabis or
3cannabis-infused products in compliance with the Compassionate
4Use of Medical Cannabis Pilot Program Act and Department of
5Public Health and Department of Agriculture rules.
6    (c) Sentence. A person who violates this Section is guilty
7of a Class 2 felony.
8(Source: P.A. 99-697, eff. 7-29-16.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law, except that Section 33, if it becomes law, takes
11effect upon becoming law or on the date House Bill 1438 of the
12101st General Assembly takes effect, whichever is later.