Rep. Lou Lang

Filed: 2/28/2013

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1

2    AMENDMENT NO. ______. Amend House Bill 1 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Compassionate Use of Medical Cannabis Pilot Program Act.
 
6    Section 5. Findings.
7    (a) The recorded use of cannabis as a medicine goes back
8nearly 5,000 years. Modern medical research has confirmed the
9beneficial uses of cannabis in treating or alleviating the
10pain, nausea, and other symptoms associated with a variety of
11debilitating medical conditions, including cancer, multiple
12sclerosis, and HIV/AIDS, as found by the National Academy of
13Sciences' Institute of Medicine in March 1999.
14    (b) Studies published since the 1999 Institute of Medicine
15report continue to show the therapeutic value of cannabis in
16treating a wide array of debilitating medical conditions. These

 

 

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1include relief of the neuropathic pain caused by multiple
2sclerosis, HIV/AIDS, and other illnesses that often fail to
3respond to conventional treatments and relief of nausea,
4vomiting, and other side effects of drugs used to treat
5HIV/AIDS and hepatitis C, increasing the chances of patients
6continuing on life-saving treatment regimens.
7    (c) Cannabis has many currently accepted medical uses in
8the United States, having been recommended by thousands of
9licensed physicians to at least 600,000 patients in states with
10medical cannabis laws. The medical utility of cannabis is
11recognized by a wide range of medical and public health
12organizations, including the American Academy of HIV Medicine,
13the American College of Physicians, the American Nurses
14Association, the American Public Health Association, the
15Leukemia & Lymphoma Society, and many others.
16    (d) Data from the Federal Bureau of Investigation's Uniform
17Crime Reports and the Compendium of Federal Justice Statistics
18show that approximately 99 out of every 100 cannabis arrests in
19the U.S. are made under state law, rather than under federal
20law. Consequently, changing State law will have the practical
21effect of protecting from arrest the vast majority of seriously
22ill patients who have a medical need to use cannabis.
23    (e) Alaska, Arizona, California, Colorado, Connecticut,
24Delaware, Hawaii, Maine, Massachusetts, Michigan, Montana,
25Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont,
26Washington, and Washington, D.C. have removed state-level

 

 

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1criminal penalties from the medical use and cultivation of
2cannabis. Illinois joins in this effort for the health and
3welfare of its citizens.
4    (f) States are not required to enforce federal law or
5prosecute people for engaging in activities prohibited by
6federal law. Therefore, compliance with this Act does not put
7the State of Illinois in violation of federal law.
8    (g) State law should make a distinction between the medical
9and non-medical uses of cannabis. Hence, the purpose of this
10Act is to protect patients with debilitating medical
11conditions, as well as their physicians and providers, from
12arrest and prosecution, criminal and other penalties, and
13property forfeiture if the patients engage in the medical use
14of cannabis.
 
15    Section 10. Definitions. The following terms, as used in
16this Act, shall have the meanings set forth in this Section:
17    (a) "Adequate supply" means:
18        (1) 2.5 ounces of usable cannabis during a period of 14
19    days and that is derived solely from an intrastate source.
20        (2) Subject to the rules of the Department of Public
21    Health, a patient may apply for a waiver where a physician
22    provides a substantial medical basis in a signed, written
23    statement asserting that, based on the patient's medical
24    history, in the physician's professional judgment, 2.5
25    ounces is an insufficient adequate supply for a 14-day

 

 

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1    period to properly alleviate the patient's debilitating
2    medical condition or symptoms associated with the
3    debilitating medical condition.
4        (3) This subsection may not be construed to authorize
5    the possession of more than 2.5 ounces at any time without
6    authority from the Department of Public Health.
7        (4) The pre-mixed weight of medical cannabis used in
8    making a cannabis infused product shall apply toward the
9    limit on the total amount of medical cannabis a registered
10    qualifying patient may possess at any one time.
11    (b) "Cannabis" has the meaning given that term in Section 3
12of the Cannabis Control Act.
13    (c) "Cannabis plant monitoring system" means a system that
14includes, but is not limited to, testing and data collection
15established and maintained by the registered cultivation
16center and available to the Department for the purposes of
17documenting each cannabis plant and for monitoring plant
18development throughout the life cycle of a cannabis plant
19cultivated for the intended use by a qualifying patient from
20seed planting to final packaging.
21    (d) "Cardholder" means a qualifying patient or a designated
22caregiver who has been issued and possesses a valid registry
23identification card by the Department of Public Health.
24    (e) "Cultivation center" means a facility operated by an
25organization or business that is registered by the Department
26of Agriculture to perform necessary activities to provide only

 

 

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

 

 

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1    Neurofibromatosis, Chronic Inflammatory Demyelinating
2    Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial
3    Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella
4    syndrome, or the treatment of these conditions; or
5        (2) any other debilitating medical condition or its
6    treatment that is added by the Department of Public Health
7    by rule as provided in Section 45.
8    (i) "Designated caregiver" means a person who: (1) is at
9least 21 years of age; (2) has agreed to assist with a
10patient's medical use of cannabis; (3) has not been convicted
11of an excluded offense; and (4) assists no more than one
12registered qualifying patient with his or her medical use of
13cannabis.
14    (j) "Dispensing organization agent identification card"
15means a document issued by the Department of Financial and
16Professional Regulation that identifies a person as a medical
17cannabis dispensing organization agent.
18    (k) "Enclosed, locked facility" means a room, greenhouse,
19building, or other enclosed area equipped with locks or other
20security devices that permit access only by a cultivation
21center's agents or a dispensing organization's agent working
22for the registered cultivation center or the registered
23dispensing organization to cultivate, store, and distribute
24cannabis for registered qualifying patients.
25    (l) "Excluded offense" means:
26        (1) a violent crime defined in Section 3 of the Rights

 

 

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1    of Crime Victims and Witnesses Act or a substantially
2    similar offense that was classified as a felony in the
3    jurisdiction where the person was convicted; or
4        (2) a violation of a state or federal controlled
5    substance law that was classified as a felony in the
6    jurisdiction where the person was convicted, except that
7    the registering Department may waive this restriction if
8    the person demonstrates to the registering Department's
9    satisfaction that his or her conviction was for the
10    possession, cultivation, transfer, or delivery of a
11    reasonable amount of cannabis intended for medical use.
12    This exception does not apply if the conviction was under
13    state law and involved a violation of an existing medical
14    cannabis law.
15    (m) "Medical cannabis cultivation center registration"
16means a registration issued by the Department of Agriculture.
17    (n) "Medical cannabis container" means a sealed,
18traceable, food compliant, tamper resistant, tamper evident
19container, or package used for the purpose of containment of
20medical cannabis from a cultivation center to a dispensing
21organization.
22    (o) "Medical cannabis dispensing organization", or
23"dispensing organization", or "dispensary organization" means
24a facility operated by an organization or business that is
25registered by the Department of Financial and Professional
26Regulation to acquire medical cannabis from a registered

 

 

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1cultivation center for the purpose of dispensing cannabis,
2paraphernalia, or related supplies and educational materials
3to registered qualifying patients.
4    (p) "Medical cannabis dispensing organization agent" or
5"dispensing organization agent" means a principal officer,
6board member, employee, or agent of a registered medical
7cannabis dispensing organization who is 21 years of age or
8older and has not been convicted of an excluded offense.
9    (q) "Medical cannabis infused product" means food, oils,
10ointments, or other products containing usable cannabis that
11are not smoked.
12    (r) "Medical use" means the acquisition; administration;
13delivery; possession; transfer; transportation; or use of
14cannabis to treat or alleviate a registered qualifying
15patient's debilitating medical condition or symptoms
16associated with the patient's debilitating medical condition.
17    (s) "Physician" means a doctor of medicine or doctor of
18osteopathy licensed under the Medical Practice Act of 1987 to
19practice medicine and who has a controlled substances license
20under Article III of the Illinois Controlled Substances Act. It
21does not include a licensed practitioner under any other Act
22including but not limited to the Illinois Dental Practice Act.
23    (t) "Qualifying patient" means a person who has been
24diagnosed by a physician as having a debilitating medical
25condition.
26    (u) "Registered" means licensed, permitted, or otherwise

 

 

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

 

 

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1professional opinion the patient is likely to receive
2therapeutic or palliative benefit from the medical use of
3cannabis to treat or alleviate the patient's debilitating
4medical condition or symptoms associated with the debilitating
5medical condition; (2) that the qualifying patient has a
6debilitating medical condition and specifying the debilitating
7medical condition the qualifying patient has; and (3) that the
8patient is under the physician's care for the debilitating
9medical condition. A written certification shall be made only
10in the course of a bona fide physician-patient relationship,
11after the physician has completed an assessment of the
12qualifying patient's medical history, reviewed relevant
13records related to the patient's debilitating condition, and
14conducted a physical examination.
15    A veteran who has received treatment at a VA hospital shall
16be deemed to have a bona fide physician-patient relationship
17with a VA physician if the patient has been seen for his or her
18debilitating medical condition at the VA Hospital in accordance
19with VA Hospital protocols. A VA physician must sign off on any
20written certification for medical cannabis for use by the
21qualifying patient.
22    A bona fide physician-patient relationship under this
23subsection is a privileged communication within the meaning of
24Section 8-802 of the Code of Civil Procedure.
 
25    Section 15. Authority.

 

 

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1    (a) It is the duty of the Department of Public Health to
2enforce the following provisions of this Act unless otherwise
3provided for by this Act:
4        (1) establish and maintain a confidential registry of
5    qualifying patients authorized to engage in the medical use
6    of cannabis and their caregivers;
7        (2) distribute educational materials about the health
8    risks associated with the abuse of cannabis and
9    prescription medications;
10        (3) adopt rules to administer the patient and caregiver
11    registration program; and
12        (4) adopt rules establishing food handling
13    requirements for cannabis-infused products that are
14    prepared for human consumption.
15    (b) It is the duty of the Department of Agriculture to
16enforce the provisions of this Act relating to the registration
17and oversight of cultivation centers unless otherwise provided
18for in this Act.
19    (c) It is the duty of the Department of Financial and
20Professional Regulation to enforce the provisions of this Act
21relating to the registration and oversight of dispensing
22organizations unless otherwise provided for in this Act.
23    (d) The Department of Public Health, the Department of
24Agriculture, or the Department of Financial and Professional
25Regulation shall enter into intergovernmental agreements, as
26necessary, to carry out the provisions of this Act including,

 

 

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1but not limited to, the provisions relating to the registration
2and oversight of cultivation centers, dispensing
3organizations, and qualifying patients and caregivers.
4    (e) The Department of Public Health, Department of
5Agriculture, or the Department of Financial and Professional
6Registration may suspend or revoke a registration for
7violations of this Act and any rules adopted in accordance
8thereto. The suspension or revocation of a registration is a
9final Agency action, subject to judicial review. Jurisdiction
10and venue for judicial review are vested in the Circuit Court.
 
11    Section 20. Compassionate Use of Medical Cannabis Fund.
12    (a) There is created the Compassionate Use of Medical
13Cannabis Fund in the State Treasury to be used exclusively for
14the direct and indirect costs associated with the
15implementation, administration, and enforcement of this Act.
16Funds in excess of the direct and indirect costs associated
17with the implementation, administration, and enforcement of
18this Act shall be used to fund crime prevention programs.
19    (b) All monies collected under this Act shall be deposited
20in the Compassionate Use of Medical Cannabis Fund in the State
21treasury. All earnings received from investment of monies in
22the Compassionate Use of Medical Cannabis Fund shall be
23deposited in the Compassionate Use of Medical Cannabis Fund.
24    (c) Notwithstanding any other law to the contrary, the
25Compassionate Use of Medical Cannabis Fund is not subject to

 

 

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1sweeps, administrative charge-backs, or any other fiscal or
2budgetary maneuver that would in any way transfer any amounts
3from the Compassionate Use of Medical Cannabis Fund into any
4other fund of the State.
 
5    Section 25. Immunities and presumptions related to the
6medical use of cannabis.
7    (a) A registered qualifying patient is not subject to
8arrest, prosecution, or denial of any right or privilege,
9including but not limited to civil penalty or disciplinary
10action by an occupational or professional licensing board, for
11the medical use of cannabis in accordance with this Act, if the
12registered qualifying patient possesses an amount of cannabis
13that does not exceed an adequate supply as defined in
14subsection (a) of Section 10 of this Act of usable cannabis
15and, where the registered qualifying patient is a licensed
16professional, the use of cannabis does not impair that licensed
17professional when he or she is engaged in the practice of the
18profession for which he or she is licensed.
19    (b) A registered designated caregiver is not subject to
20arrest, prosecution, or denial of any right or privilege,
21including but not limited to civil penalty or disciplinary
22action by an occupational or professional licensing board, for
23acting in accordance with this Act to assist a registered
24qualifying patient to whom he or she is connected through the
25Department's registration process with the medical use of

 

 

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1cannabis if the designated caregiver possesses an amount of
2cannabis that does not exceed an adequate supply as defined in
3subsection (a) of Section 10 of this Act of usable cannabis.
4The total amount possessed between the qualifying patient and
5caregiver shall not exceed the patient's adequate supply as
6defined in subsection (a) of Section 10 of this Act.
7    (c) A registered qualifying patient or registered
8designated caregiver is not subject to arrest, prosecution, or
9denial of any right or privilege, including but not limited to
10civil penalty or disciplinary action by an occupational or
11professional licensing board for possession of cannabis that is
12incidental to medical use, but is not usable cannabis as
13defined in this Act.
14    (d)(1) There is a rebuttable presumption that a registered
15qualifying patient is engaged in, or a designated caregiver is
16assisting with, the medical use of cannabis in accordance with
17this Act if the qualifying patient or designated caregiver:
18        (A) is in possession of a valid registry identification
19    card; and
20        (B) is in possession of an amount of cannabis that does
21    not exceed the amount allowed under subsection (a) of
22    Section 10.
23    (2) The presumption may be rebutted by evidence that
24conduct related to cannabis was not for the purpose of treating
25or alleviating the qualifying patient's debilitating medical
26condition or symptoms associated with the debilitating medical

 

 

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1condition in compliance with this Act.
2    (e) A physician is not subject to arrest, prosecution, or
3penalty in any manner, or denied any right or privilege,
4including but not limited to civil penalty or disciplinary
5action by the Medical Disciplinary Board or by any other
6occupational or professional licensing board, solely for
7providing written certifications or for otherwise stating
8that, in the physician's professional opinion, a patient is
9likely to receive therapeutic or palliative benefit from the
10medical use of cannabis to treat or alleviate the patient's
11debilitating medical condition or symptoms associated with the
12debilitating medical condition, provided that nothing shall
13prevent a professional licensing or disciplinary board from
14sanctioning a physician for: (1) issuing a written
15certification to a patient who is not under the physician's
16care for a debilitating medical condition; or (2) failing to
17properly evaluate a patient's medical condition or otherwise
18violating the standard of care for evaluating medical
19conditions.
20    (f) No person may be subject to arrest, prosecution, or
21denial of any right or privilege, including but not limited to
22civil penalty or disciplinary action by an occupational or
23professional licensing board, solely for: (1) selling cannabis
24paraphernalia to a cardholder upon presentation of an unexpired
25registry identification card in the recipient's name, if
26employed and registered as a dispensing agent by a registered

 

 

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1dispensing organization; (2) being in the presence or vicinity
2of the medical use of cannabis as allowed under this Act; or
3(3) assisting a registered qualifying patient with the act of
4administering cannabis.
5    (g) A registered cultivation center is not subject to
6prosecution; search or inspection, except by the Department of
7Agriculture, Department of Public Health, or State or local law
8enforcement under Section 130; seizure; or penalty in any
9manner, or be denied any right or privilege, including but not
10limited to civil penalty or disciplinary action by a business
11licensing board or entity, for acting under this Act and
12Department of Agriculture rules to: acquire, possess,
13cultivate, manufacture, deliver, transfer, transport, supply,
14or sell cannabis to registration registered dispensing
15organizations.
16    (h) A registered cultivation center agent is not subject to
17prosecution, search, or penalty in any manner, or be denied any
18right or privilege, including but not limited to civil penalty
19or disciplinary action by a business licensing board or entity,
20for working or volunteering for a registered cannabis
21cultivation center under this Act and Department of Agriculture
22rules, including to perform the actions listed under subsection
23(g).
24    (i) A registered dispensing organization is not subject to
25prosecution; search or inspection, except by the Department of
26Financial and Professional Regulation or State or local law

 

 

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1enforcement pursuant to Section 130; seizure; or penalty in any
2manner, or be denied any right or privilege, including but not
3limited to civil penalty or disciplinary action by a business
4licensing board or entity, for acting under this Act and
5Department of Financial and Professional Regulation rules to:
6acquire, possess, or dispense cannabis, or related supplies,
7and educational materials to registered qualifying patients or
8registered designated caregivers on behalf registered
9qualifying patients.
10    (j) A registered dispensing organization agent is not
11subject to prosecution, search, or penalty in any manner, or be
12denied any right or privilege, including but not limited to
13civil penalty or disciplinary action by a business licensing
14board or entity, for working or volunteering for a dispensing
15organization under this Act and Department of Financial and
16Professional Regulation rules, including to perform the
17actions listed under subsection (i).
18    (k) Any cannabis, cannabis paraphernalia, illegal
19property, or interest in legal property that is possessed,
20owned, or used in connection with the medical use of cannabis
21as allowed under this Act, or acts incidental to that use, may
22not be seized or forfeited. This Act does not prevent the
23seizure or forfeiture of cannabis exceeding the amounts allowed
24under this Act, nor shall it prevent seizure or forfeiture if
25the basis for the action is unrelated to the cannabis that is
26possessed, manufactured, transferred, or used under this Act.

 

 

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1    (l) Mere possession of, or application for, a registry
2identification card or registration certificate does not
3constitute probable cause or reasonable suspicion, nor shall it
4be used as the sole basis to support the search of the person,
5property, or home of the person possessing or applying for the
6registry identification card. The possession of, or
7application for, a registry identification card does not
8preclude the existence of probable cause if probable cause
9exists on other grounds.
10    (m) Nothing in this Act shall preclude local or State law
11enforcement agencies from searching a registered cultivation
12center where there is probable cause to believe that the
13criminal laws of this State have been violated and the search
14is conducted in conformity with the Illinois Constitution, the
15Constitution of the United States, and all State statutes.
16    (n) Nothing in this Act shall preclude local or state law
17enforcement agencies from searching a registered dispensing
18organization where there is probable cause to believe that the
19criminal laws of this State have been violated and the search
20is conducted in conformity with the Illinois Constitution, the
21Constitution of the United States, and all State statutes.
22    (o) No individual employed by the State of Illinois shall
23be subject to criminal or civil penalties for taking any action
24in accordance with the provisions of this Act, when the actions
25are within the scope of his or her employment. Representation
26and indemnification of State employees shall be provided to

 

 

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1State employees as set forth in Section 2 of the State Employee
2Indemnification Act.
 
3    Section 30. Limitations and penalties.
4    (a) This Act does not permit any person to engage in, and
5does not prevent the imposition of any civil, criminal, or
6other penalties for engaging in, the following conduct:
7        (1) Undertaking any task under the influence of
8    cannabis, when doing so would constitute negligence,
9    professional malpractice, or professional misconduct;
10        (2) Possessing cannabis:
11            (A) in a school bus;
12            (B) on the grounds of any preschool or primary or
13        secondary school;
14            (C) in any correctional facility;
15            (D) in a vehicle under Section 11-502.1 of the
16        Illinois Vehicle Code;
17            (E) in a vehicle not open to the public unless the
18        medical cannabis is in a reasonably secured, sealed,
19        tamper-evident container and reasonably inaccessible
20        while the vehicle is moving; or
21            (F) in a private residence that is used at any time
22        to provide licensed child care or other similar social
23        service care on the premises;
24        (3) Using cannabis:
25            (A) in a school bus;

 

 

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

 

 

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

 

 

09800HB0001ham001- 22 -LRB098 02716 RLC 41653 a

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

 

 

09800HB0001ham001- 23 -LRB098 02716 RLC 41653 a

1    (h) Nothing in this Act shall prevent a private business
2from restricting or prohibiting the medical use of cannabis on
3its property.
4    (i) Nothing in this Act shall prevent a university,
5college, or other institution of post-secondary education from
6restricting or prohibiting the use of medical cannabis on its
7property.
 
8    Section 35. Physician requirements.
9    (a) A physician who certifies a debilitating medical
10condition for a qualifying patient shall comply with all of the
11following requirements:
12        (1) The Physician shall be currently licensed under the
13    Medical Practice Act of 1987 to practice medicine in all
14    its branches and in good standing, and must hold a
15    controlled substances license under Article III of the
16    Illinois Controlled Substances Act.
17        (2) A physician making a medical cannabis
18    recommendation shall comply with generally accepted
19    standards of medical practice, the provisions of the
20    Medical Practice Act of 1987 and all applicable rules.
21        (3) The physical examination required by this Act may
22    not be performed by remote means, including telemedicine.
23        (4) The physician shall maintain a record-keeping
24    system for all patients for whom the physician has
25    recommended the medical use of cannabis. These records

 

 

09800HB0001ham001- 24 -LRB098 02716 RLC 41653 a

1    shall be accessible to and subject to review by the
2    Department of Public Health and the Department of Financial
3    and Professional Regulation upon request.
4    (b) A physician may not:
5        (1) accept, solicit, or offer any form of remuneration
6    from or to a qualifying patient, primary caregiver,
7    cultivation center, or dispensing organization, including
8    each principal officer, board member, agent, and employee
9    other than accepting payment from a patient for the fee
10    associated with the examination required prior to
11    certifying a qualifying patient;
12        (2) offer a discount of any other item of value to a
13    qualifying patient who uses or agrees to use a particular
14    primary caregiver or dispensing organization to obtain
15    medical cannabis;
16        (3) conduct a personal physical examination of a
17    patient for purposes of diagnosing a debilitating medical
18    condition at a location where medical cannabis is sold or
19    distributed or at the address of a principal officer,
20    agent, or employee or a medical cannabis organization;
21        (4) hold a direct or indirect economic interest in a
22    cultivation center or dispensing organization if he or she
23    recommends the use of medical cannabis to qualified
24    patients or is in a partnership or other fee or
25    profit-sharing relationship with a physician who
26    recommends medical cannabis;

 

 

09800HB0001ham001- 25 -LRB098 02716 RLC 41653 a

1        (5) serve on the board of directors or as an employee
2    of a cultivation center or dispensing organization;
3        (6) refer patients to a cultivation center, a
4    dispensing organization, or a registered designated
5    caregiver; or
6        (7) advertise in a cultivation center or a dispensing
7    organization.
8    (c) The Department of Public Health may with reasonable
9cause refer a physician, who has certified a debilitating
10medical condition of a patient, to the Illinois Department of
11Financial and Professional Regulation for potential violations
12of this Section.
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
15Medical Practice Act of 1987.
 
16    Section 40. Discrimination prohibited.
17    (a)(1) No school, employer, or landlord may refuse to
18enroll or lease to, or otherwise penalize, a person solely for
19his or her status as a registered qualifying patient or a
20registered designated caregiver, unless failing to do so would
21put the school, employer, or landlord in violation of federal
22law or unless failing to do so would cause it to lose a
23monetary or licensing-related benefit under federal law or
24rules. This does not prevent a landlord from prohibiting the
25smoking of cannabis on the premises.

 

 

09800HB0001ham001- 26 -LRB098 02716 RLC 41653 a

1    (2) For the purposes of medical care, including organ
2transplants, a registered qualifying patient's authorized use
3of cannabis in accordance with this Act is considered the
4equivalent of the authorized use of any other medication used
5at the direction of a physician, and may not constitute the use
6of an illicit substance or otherwise disqualify a qualifying
7patient from needed medical care.
8    (b) A person otherwise entitled to custody of or visitation
9or parenting time with a minor may not be denied that right,
10and there is no presumption of neglect or child endangerment,
11for conduct allowed under this Act, unless the person's actions
12in relation to cannabis were such that they created an
13unreasonable danger to the safety of the minor as established
14by clear and convincing evidence.
15    (c) No school, landlord, or employer may be penalized or
16denied any benefit under State law for enrolling, leasing to,
17or employing a cardholder.
18    (d) Nothing in this Act may be construed to require a
19government medical assistance program or private health
20insurer to reimburse a person for costs associated with the
21medical use of cannabis.
22    (e) Nothing in this Act may be construed to require any
23person or establishment in lawful possession of property to
24allow a guest, client, customer, or visitor who is a registered
25qualifying patient to use cannabis on or in that property.
 

 

 

09800HB0001ham001- 27 -LRB098 02716 RLC 41653 a

1    Section 45. Addition of debilitating medical conditions.
2Any citizen may petition the Department of Public Health to add
3debilitating conditions or treatments to the list of
4debilitating medical conditions listed in subsection (h) of
5Section 10. The Department of Public Health shall consider
6petitions in the manner required by Department rule, including
7public notice and hearing. The Department shall approve or deny
8a petition within 180 days of its submission, and, upon
9approval, shall proceed to add that condition by rule in
10accordance with the Administrative Procedure Act. The approval
11or denial of any petition is a final decision of the
12Department, subject to judicial review. Jurisdiction and venue
13are vested in the Circuit Court.
 
14    Section 50. Employment; employer liability.
15    (a) Nothing in this Act shall prohibit an employer from
16adopting reasonable regulations concerning the consumption,
17storage, or timekeeping requirements for qualifying patients
18related to the use of medical cannabis.
19    (b) Nothing in this Act shall prohibit an employer from
20enforcing a policy concerning drug testing, zero-tolerance, or
21a drug free workplace provided the policy is applied in a
22nondiscriminatory manner.
23    (c) Nothing in this Act shall limit an employer from
24disciplining a registered qualifying patient for violating a
25workplace drug policy.

 

 

09800HB0001ham001- 28 -LRB098 02716 RLC 41653 a

1    (d) Nothing in this Act shall limit an employer's ability
2to discipline an employee for failing a drug test if failing to
3do so would put the employer in violation of federal law or
4cause it to lose a federal contract or funding.
5    (e) Nothing in this Act shall be construed to create a
6defense for a third party who fails a drug test.
7    (f) An employer may consider a registered qualifying
8patient to be impaired when he or she manifests specific,
9articulable symptoms while working that decrease or lessen his
10or her performance of the duties or tasks of the employee's job
11position, including symptoms of the employee's speech,
12physical dexterity, agility, coordination, demeanor,
13irrational or unusual behavior, negligence or carelessness in
14operating equipment or machinery, disregard for the safety of
15the employee or others, or involvement in an accident that
16results in serious damage to equipment or property, disruption
17of a production or manufacturing process, or carelessness that
18results in any injury to the employee or others. If an employer
19elects to discipline a qualifying patient under this
20subsection, it must afford the employee a reasonable
21opportunity to contest the basis of the determination.
22    (g) Nothing in this Act shall be construed to create or
23imply a cause of action for any person against an employer for:
24(1) actions based on the employer's good faith belief that a
25registered qualifying patient used or possessed cannabis while
26on the employer's premises or during the hours of employment;

 

 

09800HB0001ham001- 29 -LRB098 02716 RLC 41653 a

1(2) actions based on the employer's good faith belief that a
2registered qualifying patient was impaired while working on the
3employer's premises during the hours of employment; (3) injury
4or loss to a third party if the employer neither knew nor had
5reason to know that the employee was impaired.
6    (h) Nothing in this Act shall be construed to interfere
7with any federal restrictions on employment including but not
8limited to the United States Department of Transportation
9regulation 49 CFR 40.151(e).
 
10    Section 55. Registration of qualifying patients and
11designated caregivers.
12    (a) The Department of Public Health shall issue registry
13identification cards to qualifying patients and designated
14caregivers who submit a completed application, and at minimum,
15the following, in accordance with Department of Public Health
16rules:
17        (1) A written certification, on a form developed by the
18    Department of Public Health and issued by a physician,
19    within 90 days immediately preceding the date of an
20    application;
21        (2) upon the execution of applicable privacy waivers,
22    the patient's medical documentation related to his or her
23    debilitating condition and any other information that may
24    be reasonably required by the Department of Public Health
25    to confirm that the physician and patient have a bona fide

 

 

09800HB0001ham001- 30 -LRB098 02716 RLC 41653 a

1    physician-patient relationship, that the qualifying
2    patient is in the physician's care for his or her
3    debilitating medical condition, and to substantiate the
4    patient's diagnosis;
5        (3) the application or renewal fee as set by rule;
6        (4) the name, address, date of birth, and social
7    security number of the qualifying patient, except that if
8    the applicant is homeless no address is required;
9        (5) the name, address, and telephone number of the
10    qualifying patient's physician;
11        (6) the name, address, and date of birth of the
12    designated caregiver, if any, chosen by the qualifying
13    patient;
14        (7) the name of the registered medical cannabis
15    dispensing organization the qualifying patient designates;
16        (8) signed statements from the patient and designated
17    caregiver asserting that they will not divert medical
18    cannabis, and
19        (9) completed background checks for the patient and
20    designated caregiver.
 
21    Section 60. Issuance of registry identification cards.
22    (a) Except as provided in subsection (b), the Department of
23Public Health shall:
24        (1) verify the information contained in an application
25    or renewal for a registry identification card submitted

 

 

09800HB0001ham001- 31 -LRB098 02716 RLC 41653 a

1    under this Act, and approve or deny an application or
2    renewal, within 30 days of receiving a completed
3    application or renewal application and all supporting
4    documentation specified in Section 55;
5        (2) issue registry identification cards to a
6    qualifying patient and his or her designated caregiver, if
7    any, within 15 business days of approving the application
8    or renewal;
9        (3) enter the registry identification number of the
10    registered dispensing organization the patient designates
11    into the verification system; and
12        (4) allow for an electronic application process, and
13    provide a confirmation by electronic or other methods that
14    an application has been submitted.
15    (b) The Department of Public Health may not issue a
16registry identification card to a qualifying patient who is
17under 18 years of age.
18    (c) A veteran who has received treatment at a VA hospital
19is deemed to have a bona fide physician-patient relationship
20with a VA physician if the patient has been seen for his or her
21debilitating medical condition at the VA Hospital in accordance
22with VA Hospital protocols. A VA physician must sign off on any
23written certification for medical cannabis for use by the
24qualifying patient. All reasonable inferences regarding the
25existence of a bona fide physician-patient relationship shall
26be drawn in favor of an applicant who is a veteran and has

 

 

09800HB0001ham001- 32 -LRB098 02716 RLC 41653 a

1undergone treatment at a VA hospital.
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    Section 65. Denial of registry identification cards.
18    (a) The Department of Public Health may deny an application
19or renewal of a qualifying patient's registry identification
20card only if the applicant:
21        (1) did not provide the required information and
22    materials;
23        (2) previously had a registry identification card
24    revoked;
25        (3) did not meet the requirements of this Act; or

 

 

09800HB0001ham001- 33 -LRB098 02716 RLC 41653 a

1        (4) provided false or falsified information.
2    (b) No person who has been convicted of a felony under the
3Illinois Controlled Substances Act, Cannabis Control Act, or
4Methamphetamine Control and Community Protection Act, or
5similar provision in a local ordinance or other jurisdiction is
6eligible to receive a registry identification card.
7    (c) The Department of Public Health may deny an application
8or renewal for a designated caregiver chosen by a qualifying
9patient whose registry identification card was granted only if:
10        (1) the designated caregiver does not meet the
11    requirements of subsection (i) of Section 10;
12        (2) the applicant did not provide the information
13    required;
14        (3) the prospective patient's application was denied;
15        (4) the designated caregiver previously had a registry
16    identification card revoked; or
17        (5) the applicant or the designated caregiver provided
18    false or falsified information.
19    (d) The Department of Public Health through the Illinois
20State Police shall conduct a background check of the
21prospective qualifying patient and designated caregiver in
22order to carry out this provision. The Department of State
23Police shall be reimbursed for the cost of the background check
24by the Department of Public Health. Each person applying as a
25qualifying patient or a designated caregiver shall submit a
26full set of fingerprints to the Department of Public Health for

 

 

09800HB0001ham001- 34 -LRB098 02716 RLC 41653 a

1the purpose of obtaining a state and federal criminal records
2check. The Department of Public Health may exchange this data
3with the Department of State Police or the Federal Bureau of
4Investigation without disclosing that the records check is
5related to this Act. The Department of Public Health shall
6destroy each set of fingerprints after the criminal records
7check is completed.
8    (e) The Department of Public Health shall notify the
9qualifying patient who has designated someone to serve as his
10or her designated caregiver if a registry identification card
11will not be issued to the designated caregiver.
12    (f) Denial of an application or renewal is considered a
13final Department action, subject to judicial review.
14Jurisdiction and venue for judicial review are vested in the
15Circuit Court.
 
16    Section 70. Registry identification cards.
17    (a) A registered qualifying patient or designated
18caregiver must keep their registry identification card in his
19or her possession at all times when engaging in the medical use
20of cannabis.
21    (b) Registry identification cards shall contain the
22following:
23        (1) the name of the cardholder;
24        (2) a designation of whether the cardholder is a
25    designated caregiver or qualifying patient;

 

 

09800HB0001ham001- 35 -LRB098 02716 RLC 41653 a

1        (3) the date of issuance and expiration date of the
2    registry identification card;
3        (4) a random alphanumeric identification number that
4    is unique to the cardholder;
5        (5) if the cardholder is a designated caregiver, the
6    random alphanumeric identification number of the
7    registered qualifying patient the designated caregiver is
8    receiving the registry identification card to assist; and
9        (6) a photograph of the cardholder, if required by
10    Department of Public Health rules.
11    (c) To maintain a valid registration identification card, a
12registered qualifying patient and caregiver must annually
13resubmit, at least 45 days prior to the expiration date stated
14on the registry identification card, a completed renewal
15application, renewal fee, and accompanying documentation as
16described in Department of Public Health rules. The Department
17of Public Health shall send a notification to a registered
18qualifying patient or registered designated caregiver 90 days
19prior to the expiration of the registered qualifying patient's
20or registered designated caregiver's identification card. If
21the Department of Public Health fails to grant or deny a
22renewal application received in accordance with this Section,
23then the renewal is deemed granted and the registered
24qualifying patient or registered designated caregiver may
25continue to use the expired identification card until the
26Department of Public Health denies the renewal or issues a new

 

 

09800HB0001ham001- 36 -LRB098 02716 RLC 41653 a

1identification card.
2    (d) Except as otherwise provided in this Section, the
3expiration date is one year after the date of issuance.
4    (e) The Department of Public Health may electronically
5store in the card any or all of the information listed in
6subsection (b), along with the address and date of birth of the
7cardholder and the qualifying patient's designated dispensary
8organization, to allow it to be read by law enforcement agents.
 
9    Section 75. Notifications to Department of Public Health
10and responses; civil penalty.
11    (a) The following notifications and Department of Public
12Health responses are required:
13        (1) A registered qualifying patient shall notify the
14    Department of Public Health of any change in his or her
15    name or address, or if the registered qualifying patient
16    ceases to have his or her debilitating medical condition,
17    within 10 days of the change.
18        (2) A registered designated caregiver shall notify the
19    Department of Public Health of any change in his or her
20    name or address, or if the designated caregiver becomes
21    aware the registered qualifying patient passed away,
22    within 10 days of the change.
23        (3) Before a registered qualifying patient changes his
24    or her designated caregiver, the qualifying patient must
25    notify the Department of Public Health.

 

 

09800HB0001ham001- 37 -LRB098 02716 RLC 41653 a

1        (4) If a cardholder loses his or her registry
2    identification card, he or she shall notify the Department
3    within 10 days of becoming aware the card has been lost.
4    (b) When a cardholder notifies the Department of Public
5Health of items listed in subsection (a), but remains eligible
6under this Act, the Department of Public Health shall issue the
7cardholder a new registry identification card with a new random
8alphanumeric identification number within 15 business days of
9receiving the updated information and a fee as specified in
10Department of Public Health rules. If the person notifying the
11Department of Public Health is a registered qualifying patient,
12the Department shall also issue his or her registered
13designated caregiver, if any, a new registry identification
14card within 15 business days of receiving the updated
15information.
16    (c) If a registered qualifying patient ceases to be a
17registered qualifying patient or changes his or her registered
18designated caregiver, the Department of Public Health shall
19promptly notify the designated caregiver. The registered
20designated caregiver's protections under this Act as to that
21qualifying patient shall expire 15 days after notification by
22the Department.
23    (d) A cardholder who fails to make a notification to the
24Department of Public Health that is required by this Section is
25subject to a civil infraction, punishable by a penalty of no
26more than $150.

 

 

09800HB0001ham001- 38 -LRB098 02716 RLC 41653 a

1    (e) A registered qualifying patient shall notify the
2Department of Public Health of any change to his or her
3designated registered dispensing organization. Registered
4dispensing organizations must comply with all requirements of
5this Act.
6    (f) If the registered qualifying patient's certifying
7physician notifies the Department in writing that either the
8registered qualifying patient has ceased to suffer from a
9debilitating medical condition or that the physician no longer
10believes the patient would receive therapeutic or palliative
11benefit from the medical use of cannabis, the card shall become
12null and void. However, the registered qualifying patient shall
13have 15 days to destroy his or her remaining medical cannabis
14and related paraphernalia.
 
15    Section 80. Preparation of cannabis infused products.
16    (a) Notwithstanding any other provision of law, neither the
17Department of Public Health nor the Department of Agriculture
18nor the health department of a unit of local government may
19regulate the service of food by a registered cultivation center
20or registered dispensing organization provided that all of the
21following conditions are met:
22        (1) No cannabis infused products requiring
23    refrigeration or hot-holding shall be manufactured at a
24    cultivation center for sale or distribution at a dispensing
25    organization due to the potential for food-borne illness.

 

 

09800HB0001ham001- 39 -LRB098 02716 RLC 41653 a

1        (2) Baked products infused with medical cannabis (such
2    as brownies, bars, cookies, cakes), tinctures, and other
3    non-refrigerated items are acceptable for sale at
4    dispensing organizations. The products are allowable for
5    sale only at registered dispensing organizations.
6        (3) All items shall be individually wrapped at the
7    original point of preparation. The packaging of the medical
8    cannabis infused product shall conform to the labeling
9    requirements of the Illinois Food, Drug and Cosmetic Act
10    and shall include the following information on each product
11    offered for sale or distribution:
12            (A) the name and address of the registered
13        cultivation center where the item was manufactured;
14            (B) the common or usual name of the item;
15            (C) all ingredients of the item, including any
16        colors, artificial flavors, and preservatives, listed
17        in descending order by predominance of weight shown
18        with common or usual names;
19            (D) the following phrase: "This product was
20        produced in a medical cannabis cultivation center not
21        subject to public health inspection that may also
22        process common food allergens.";
23            (E) allergen labeling as specified in the Federal
24        Food, Drug and Cosmetics Act, Federal Fair Packaging
25        and Labeling Act, and the Illinois Food, Drug and
26        Cosmetic Act;

 

 

09800HB0001ham001- 40 -LRB098 02716 RLC 41653 a

1            (F) the pre-mixed total weight (in ounces or grams)
2        of usable cannabis in the package;
3            (G) a warning that the item is a medical cannabis
4        infused product and not a food must be distinctly and
5        clearly legible on the front of the package;
6            (H) a clearly legible warning emphasizing that the
7        product contains medical cannabis and is intended for
8        consumption by registered qualifying patients only;
9        and
10            (I) date of manufacture and "use by date".
11        (4) Any dispensing organization that sells edible
12    cannabis infused products must display a placard that
13    states the following: "Edible cannabis infused products
14    were produced in a kitchen not subject to public health
15    inspections that may also process common food allergens."
16    The placard shall be no smaller than 24" tall by 36" wide,
17    with typed letters no smaller than 2". The placard shall be
18    clearly visible and readable by customers and shall be
19    written in English.
20        (5) Cannabis infused products for sale or distribution
21    at a dispensing organization must be prepared by an
22    approved staff member of a registered cultivation center.
23        (6) A cultivation center that prepares cannabis
24    infused products for sale or distribution at a dispensing
25    organization shall be under the operational supervision of
26    a Department of Public Health certified food service

 

 

09800HB0001ham001- 41 -LRB098 02716 RLC 41653 a

1    sanitation manager.
2    (b) The Department of Public Health shall adopt rules for
3the manufacture of medical cannabis-infused products and shall
4enforce these provisions, and for that purpose it may at all
5times enter every building, room, basement, enclosure, or
6premises occupied or used or suspected of being occupied or
7used for the production, preparation, manufacture for sale,
8storage, sale, distribution or transportation of medical
9cannabis edible products, to inspect the premises and all
10utensils, fixtures, furniture, and machinery used for the
11preparation of these products.
12    (c) If a local health organization has a reasonable belief
13that a cultivation center's cannabis-infused product poses a
14public health hazard, it may refer the cultivation center to
15the Department of Public Health. If the Department of Public
16Health finds that a cannabis-infused product poses a health
17hazard, it may without administrative procedure to bond, bring
18an action for immediate injunctive relief to require that
19action be taken as the court may deem necessary to meet the
20hazard of the cultivation center.
 
21    Section 85. Issuance and denial of medical cannabis
22cultivation permit.
23    (a) The Department of Agriculture may register up to 22
24cultivation center registrations for operation. The Department
25of Agriculture may not issue more than one registration per

 

 

09800HB0001ham001- 42 -LRB098 02716 RLC 41653 a

1each Illinois State Police District boundary as specified on
2the date of January 1, 2013. The Department of Agriculture may
3not issue less than the 22 registrations if there are qualified
4applicants who have applied with the Department.
5    (b) The registrations shall be issued and renewed annually
6as determined by administrative rule.
7    (c) The Department of Agriculture shall determine a
8registration fee by rule.
9    (d) A cultivation center may only operate if it has been
10issued a valid registration from the Department of Agriculture.
11When applying for a cultivation center registration, the
12applicant shall submit the following in accordance with
13Department of Agriculture rules:
14        (1) the proposed legal name of the cultivation center;
15        (2) the proposed physical address of the cultivation
16    center and description of the enclosed, locked facility as
17    it applies to cultivation centers where medical cannabis
18    will be grown, harvested, manufactured, packaged, or
19    otherwise prepared for distribution to a dispensing
20    organization;
21        (3) the name, address, and date of birth of each
22    principal officer and board member of the cultivation
23    center, provided that all those individuals shall be at
24    least 21 years of age;
25        (4) any instance in which a business that any of the
26    prospective board members of the cultivation center had

 

 

09800HB0001ham001- 43 -LRB098 02716 RLC 41653 a

1    managed or served on the board of the business and was
2    convicted, fined, censured, or had a registration or
3    license suspended or revoked in any administrative or
4    judicial proceeding;
5        (5) cultivation, inventory, and packaging plans;
6        (6) proposed operating by-laws that include procedures
7    for the oversight of the cultivation center, development
8    and implementation of a plant monitoring system, medical
9    cannabis container tracking system, accurate record
10    keeping, staffing plan, and security plan reviewed by the
11    State Police that are in accordance with the rules issued
12    by the Department of Agriculture under this Act. A physical
13    inventory shall be performed of all plants and medical
14    cannabis containers on a weekly basis;
15        (7) experience with agricultural cultivation
16    techniques and industry standards;
17        (8) any academic degrees, certifications, or relevant
18    experience with related businesses;
19        (9) the identity of every person, association, trust,
20    or corporation having any direct or indirect pecuniary
21    interest in the cultivation center operation with respect
22    to which the registration is sought. If the disclosed
23    entity is a trust, the application shall disclose the names
24    and addresses of the beneficiaries; if a corporation, the
25    names and addresses of all stockholders and directors; if a
26    partnership, the names and addresses of all partners, both

 

 

09800HB0001ham001- 44 -LRB098 02716 RLC 41653 a

1    general and limited;
2        (10) verification from the State Police that all
3    background checks of the principal officer, board members,
4    and registered agents have been conducted and those
5    individuals have not been convicted of an excluded offense;
6        (11) provide a copy of the current local zoning
7    ordinance to the Department of Agriculture and verify that
8    proposed cultivation center is in compliance with the local
9    zoning rules issued in accordance with Section 140;
10        (12) an application fee set by the Department of
11    Agriculture by rule; and
12        (13) any other information required by Department of
13    Agriculture rules, including, but not limited to a
14    cultivation center applicant's experience with the
15    cultivation of agricultural or horticultural products,
16    operating an agriculturally related business, or operating
17    a horticultural business.
18    (e) An application for a cultivation center permit must be
19denied if any of the following conditions are met:
20        (1) the applicant failed to submit the materials
21    required by this Section, including if the applicant's
22    plans do not satisfy the security, oversight, inventory, or
23    recordkeeping rules issued by the Department of
24    Agriculture;
25        (2) the applicant would not be in compliance with local
26    zoning rules issued in accordance with Section 140;

 

 

09800HB0001ham001- 45 -LRB098 02716 RLC 41653 a

1        (3) one or more of the prospective principal officers
2    or board members has been convicted of an excluded offense;
3        (4) one or more of the prospective principal officers
4    or board members has served as a principal officer or board
5    member for a registered dispensing organization or
6    cultivation center that has had its registration revoked;
7        (5) one or more of the principal officers or board
8    members is under 21 years of age;
9        (6) a principal officer or board member of the
10    cultivation center has been convicted of a felony under the
11    laws of this State, any other state, or the United States;
12        (7) a principal officer or board member of the
13    cultivation center has been convicted of any violation of
14    Article 28 of the Criminal Code of 2012, or substantially
15    similar laws of any other jurisdiction; or
16        (8) the person has submitted an application for a
17    certificate under this Act which contains false
18    information.
 
19    Section 90. Renewal of cultivation center registrations.
20    (a) Registrations shall be renewed annually. The
21registered cultivation center shall receive written notice 90
22days prior to the expiration of its current registration that
23the registration will expire. The Department of Agriculture
24shall grant a renewal application within 45 days of its
25submission if the following conditions are satisfied:

 

 

09800HB0001ham001- 46 -LRB098 02716 RLC 41653 a

1        (1) the registered cultivation center submits a
2    renewal application and the required renewal fee
3    established by the Department of Agriculture by rule; and
4        (2) the Department of Agriculture has not suspended the
5    registration of the cultivation center or suspended or
6    revoked the registration for violation of this Act or rules
7    adopted under this Act.
 
8    Section 95. Background checks.
9    (a) The Department of Agriculture through the Department of
10State Police shall conduct a background check of the
11prospective cultivation center agents. The Department of State
12Police shall be reimbursed for the cost of the background check
13by the Department of Agriculture. In order to carry out this
14provision, each person applying as a cultivation center agent
15shall submit a full set of fingerprints to the Department of
16Agriculture for the purpose of obtaining a state and federal
17criminal records check. The Department of Agriculture may
18exchange this data with the Department of State Police and the
19Federal Bureau of Investigation without disclosing that the
20records check is related to this Act. The Department of
21Agriculture shall destroy each set of fingerprints after the
22criminal records check is complete.
23    (b) When applying for the initial permit, the background
24checks for the principal officer, board members, and registered
25agents shall be completed prior to submitting the application

 

 

09800HB0001ham001- 47 -LRB098 02716 RLC 41653 a

1to the Department of Agriculture.
 
2    Section 100. Cultivation center agent identification card.
3    (a) The Department of Agriculture shall:
4        (1) verify the information contained in an application
5    or renewal for a cultivation center identification card
6    submitted under this Act, and approve or deny an
7    application or renewal, within 30 days of receiving a
8    completed application or renewal application and all
9    supporting documentation required by rule;
10        (2) issue a cultivation center agent identification
11    card to a qualifying agent within 15 business days of
12    approving the application or renewal;
13        (3) enter the registry identification number of the
14    cultivation center where the agent works; and
15        (4) allow for an electronic application process, and
16    provide a confirmation by electronic or other methods that
17    an application has been submitted.
18    (b) A cultivation center agent must keep his or her
19identification card visible at all times when on the property
20of a cultivation center and during the transportation of
21medical cannabis to a registered dispensary organization.
22    (c) The cultivation center agent identification cards
23shall contain the following:
24        (1) the name of the cardholder;
25        (2) the date of issuance and expiration date of

 

 

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1    cultivation center agent identification cards;
2        (3) a random 10 digit alphanumeric identification
3    number containing at least 4 numbers and at least 4
4    letters; that is unique to the holder; and
5        (4) a photograph of the cardholder.
6    (d) The cultivation center agent identification cards
7shall be immediately returned to the cultivation center upon
8termination of employment.
9    (e) Any card lost by a cultivation center agent shall be
10reported to the State Police and the Department of Agriculture
11immediately upon discovery of the loss.
12    (f) An applicant shall be denied a cultivation center agent
13identification card if he or she has been convicted of an
14excluded offense.
 
15    Section 105. Requirements; prohibitions; penalties for
16cultivation centers.
17    (a) The operating documents of a registered cultivation
18center shall include procedures for the oversight of the
19cultivation center, a cannabis plant monitoring system
20including a physical inventory recorded weekly, a cannabis
21container system including a physical inventory recorded
22weekly, accurate record keeping, and a staffing plan.
23    (b) A registered cultivation center shall implement a
24security plan reviewed by the State Police and including but
25not limited to: facility access controls, perimeter intrusion

 

 

09800HB0001ham001- 49 -LRB098 02716 RLC 41653 a

1detection systems, personnel identification systems, 24-hour
2surveillance system to monitor the interior and exterior of the
3registered cultivation center facility and accessible to
4authorized law enforcement and the Department of Financial and
5Professional Regulation in real-time.
6    (c) A registered cultivation center may not be located
7within 2,500 feet of the property line of a pre-existing public
8or private preschool or elementary or secondary school or day
9care center, day care home, group day care home, part day child
10care facility, or an area zoned for residential use.
11    (d) All cultivation of cannabis for distribution to a
12registered dispensing organization must take place in an
13enclosed, locked facility as it applies to cultivation centers
14at the physical address provided to the Department of
15Agriculture during the registration process. The cultivation
16center location shall only be accessed by the cultivation
17center agents working for the registered cultivation center,
18Department of Agriculture staff performing inspections,
19Department of Public Health staff performing inspections, law
20enforcement or other emergency personnel, and contractors
21working on jobs unrelated to medical cannabis, such as
22installing or maintaining security devices or performing
23electrical wiring.
24    (e) A cultivation center may not sell or distribute any
25cannabis to any individual or entity other than a dispensary
26organization registered under this Act.

 

 

09800HB0001ham001- 50 -LRB098 02716 RLC 41653 a

1    (f) All harvested cannabis intended for distribution to a
2dispensing organization must be packaged in a labeled medical
3cannabis container and entered into a data collection system.
4    (g) No person who has been convicted of an excluded offense
5may be a cultivation center agent.
6    (h) Registered cultivation centers are subject to random
7inspection by the State Police.
8    (i) Registered cultivation centers are subject to random
9inspections by the Department of Agriculture and the Department
10of Public Health.
11    (j) A cultivation center agent shall notify local law
12enforcement, the State Police, and the Department of
13Agriculture within 24 hours of the discovery of any loss or
14theft. Notification shall be made by phone or in-person, or by
15written or electronic communication.
16    (k) A cultivation center shall comply with all State and
17federal rules and regulations regarding the use of pesticides.
 
18    Section 110. Suspension revocation of a registration.
19    (a) The Department of Agriculture may suspend or revoke a
20registration for violations of this Act and rules issued in
21accordance with this Section.
22    (b) The suspension or revocation of a certificate is a
23final Department of Agriculture action, subject to judicial
24review. Jurisdiction and venue for judicial review are vested
25in the Circuit Court.
 

 

 

09800HB0001ham001- 51 -LRB098 02716 RLC 41653 a

1    Section 115. Registration of dispensing organizations.
2    (a) The Department of Financial and Professional
3Regulation may issue up to 60 dispensing organization
4registrations for operation. The Department of Financial and
5Professional Regulation may not issue less than the 60
6registrations if there are qualified applicants who have
7applied with the Department of Financial and Professional
8Regulation. The organizations shall be geographically
9dispersed throughout the State to allow all registered
10qualifying patients reasonable proximity and access to a
11dispensing organization.
12    (b) A dispensing organization may only operate if it has
13been issued a registration from the Department of Financial and
14Professional Regulation. The Department of Financial and
15Professional Regulation shall adopt rules establishing the
16procedures for applicants for dispensing organizations.
17    (c) When applying for a dispensing organization
18registration, the applicant shall submit, at a minimum, the
19following in accordance with Department of Financial and
20Professional Regulation rules:
21        (1) a non-refundable application fee established by
22    rule;
23        (2) the proposed legal name of the dispensing
24    organization;
25        (3) the proposed physical address of the dispensing

 

 

09800HB0001ham001- 52 -LRB098 02716 RLC 41653 a

1    organization;
2        (4) the name, address, and date of birth of each
3    principal officer and board member of the dispensing
4    organization, provided that all those individuals shall be
5    at least 21 years of age;
6        (5) information, in writing, regarding any instances
7    in which a business or not-for-profit that any of the
8    prospective board members managed or served on the board of
9    was convicted, fined, censured, or had a registration or
10    registration suspended or revoked in any administrative or
11    judicial proceeding;
12        (6) proposed operating by-laws that include procedures
13    for the oversight of the medical cannabis dispensing
14    organization and procedures to ensure accurate record
15    keeping and security measures that are in accordance with
16    the rules applied by the Department of Financial and
17    Professional Regulation under this Act. The by-laws shall
18    include a description of the enclosed, locked facility
19    where medical cannabis will be stored by the dispensing
20    organization; and
21        (7) signed statements from each dispensing
22    organization agent stating that they will not divert
23    medical cannabis.
24    (d) The Department of Financial and Professional
25Regulation shall conduct a background check of the prospective
26dispensing organization agents in order to carry out this

 

 

09800HB0001ham001- 53 -LRB098 02716 RLC 41653 a

1provision. The Department of State Police shall be reimbursed
2for the cost of the background check by the Department of
3Financial and Professional Regulation. Each person applying as
4a dispensing organization agent shall submit a full set of
5fingerprints to the Department of Financial and Professional
6Regulation for the purpose of obtaining a state and federal
7criminal records check. The Department of Financial and
8Professional Regulation may exchange this data with the
9Department of State Police and the Federal Bureau of
10Investigation without disclosing that the records check is
11related to this Act. The Department of Financial and
12Professional Regulation shall destroy each set of fingerprints
13after the criminal records check is completed.
14    (e) A dispensing organization must pay a registration fee
15set by the Department of Financial and Professional Regulation.
16    (f) An application for a medical cannabis dispensing
17organization registration must be denied if any of the
18following conditions are met:
19        (1) the applicant failed to submit the materials
20    required by this Section, including if the applicant's
21    plans do not satisfy the security, oversight, or
22    recordkeeping rules issued by the Department of Financial
23    and Professional Regulation;
24        (2) the applicant would not be in compliance with local
25    zoning rules issued in accordance with Section 140;
26        (3) the applicant does not meet the requirements of

 

 

09800HB0001ham001- 54 -LRB098 02716 RLC 41653 a

1    Section 130;
2        (4) one or more of the prospective principal officers
3    or board members has been convicted of an excluded offense;
4        (5) one or more of the prospective principal officers
5    or board members has served as a principal officer or board
6    member for a registered medical cannabis dispensing
7    organization that has had its registration revoked;
8        (6) one or more of the principal officers or board
9    members is under 21 years of age; and
10        (7) one or more of the principal officers or board
11    members is a registered qualified patient or a registered
12    caregiver.
 
13    Section 120. Dispensing organization agent identification
14card.
15    (a) The Department of Financial and Professional
16Regulation shall:
17        (1) verify the information contained in an application
18    or renewal for a dispensing organization agent
19    identification card submitted under this Act, and approve
20    or deny an application or renewal, within 30 days of
21    receiving a completed application or renewal application
22    and all supporting documentation required by rule;
23        (2) issue a dispensing organization agent
24    identification card to a qualifying agent within 15
25    business days of approving the application or renewal;

 

 

09800HB0001ham001- 55 -LRB098 02716 RLC 41653 a

1        (3) enter the registry identification number of the
2    dispensing organization where the agent works; and
3        (4) allow for an electronic application process, and
4    provide a confirmation by electronic or other methods that
5    an application has been submitted.
6    (b) A dispensing agent must keep his or her identification
7card visible at all times when on the property of a dispensing
8organization.
9    (c) The dispensing organization agent identification cards
10shall contain the following:
11        (1) the name of the cardholder;
12        (2) the date of issuance and expiration date of the
13    dispensing organization agent identification cards;
14        (3) a random 10 digit alphanumeric identification
15    number containing at least 4 numbers and at least 4
16    letters; that is unique to the holder; and
17        (4) a photograph of the cardholder.
18    (d) The dispensing organization agent identification cards
19shall be immediately returned to the cultivation center upon
20termination of employment.
21    (e) Any card lost by a dispensing organization agent shall
22be reported to the Illinois State Police and the Department of
23Agriculture immediately upon discovery of the loss.
24    (f) An applicant shall be denied a dispensing organization
25agent identification card if he or she has been convicted of an
26excluded offense.
 

 

 

09800HB0001ham001- 56 -LRB098 02716 RLC 41653 a

1    Section 125. Medical cannabis dispensing organization
2certification renewal.
3    (a) The registered dispensing organization shall receive
4written notice 90 days prior to the expiration of its current
5registration that the registration will expire. The Department
6of Financial and Professional Regulation shall grant a renewal
7application within 45 days of its submission if the following
8conditions are satisfied:
9        (1) the registered dispensing organization submits a
10    renewal application and the required renewal fee
11    established by the Department of Financial and
12    Professional Regulation rules; and
13        (2) the Department of Financial and Professional
14    Regulation has not suspended the registered dispensing
15    organization or suspended or revoked the registration for
16    violation of this Act or rules adopted under this Act.
17    (b) If a dispensing organization fails to renew its
18registration prior to expiration, the dispensing organization
19shall cease operations until registration is renewed.
20    (c) If a dispensing organization agent fails to renew his
21or her registration prior to its expiration, he or she shall
22cease to work or volunteer at a dispensing organization until
23his or her registration is renewed.
24    (d) Any dispensing organization that continues to operate
25or dispensing agent that continues to work or volunteer at a

 

 

09800HB0001ham001- 57 -LRB098 02716 RLC 41653 a

1dispensing organization that fails to renew its registration
2shall be subject to penalty as provided in Section 130.
 
3    Section 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.
23    (e) A dispensing organization is prohibited from acquiring
24cannabis from anyone other than a registered cultivation
25center. A dispensing organization is prohibited from obtaining

 

 

09800HB0001ham001- 58 -LRB098 02716 RLC 41653 a

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.
20    (i) Before medical cannabis may be dispensed to a
21designated caregiver or a registered qualifying patient, a
22dispensing organization agent must determine that the
23individual is a current cardholder in the verification system
24and must verify each of the following:
25        (1) that the registry identification card presented to
26    the registered dispensing organization is valid;

 

 

09800HB0001ham001- 59 -LRB098 02716 RLC 41653 a

1        (2) that the person presenting the card is the person
2    identified on the registry identification card presented
3    to the dispensing organization agent;
4        (3) that the dispensing organization is the designated
5    dispensing organization for the registered qualifying
6    patient who is obtaining the cannabis directly or via his
7    or her designated caregiver; and
8        (4) that the registered qualifying patient has not
9    exceeded his or her adequate supply.
10    (j) Dispensing organizations shall ensure compliance with
11this limitation by maintaining internal, confidential records
12that include records specifying how much medical cannabis is
13dispensed to the registered qualifying patient and whether it
14was dispensed directly to the registered qualifying patient or
15to the designated caregiver. Each entry must include the date
16and time the cannabis was dispensed. Additional recordkeeping
17requirements may be set by rule.
18    (k) The physician-patient privilege as set forth by Section
198-802 of the Code of Civil Procedure shall apply between a
20qualifying patient and a registered dispensing organization
21and its agents with respect to communications and records
22concerning qualifying patients' debilitating conditions.
23    (l) A dispensing organization may not permit any person to
24consume cannabis on the property of a medical cannabis
25organization.
26    (m) A dispensing organization may not share office space

 

 

09800HB0001ham001- 60 -LRB098 02716 RLC 41653 a

1with or refer patients to a physician.
2    (n) Notwithstanding any other criminal penalties related
3to the unlawful possession of cannabis, the Department of
4Financial and Professional Regulation may revoke, suspend,
5place on probation, reprimand, refuse to issue or renew, or
6take any other disciplinary or non-disciplinary action as the
7Department of Financial and Professional Regulation may deem
8proper with regard to the registration of any person issued
9under this Act to operate a dispensing organization or act as a
10dispensing organization agent, including imposing fines not to
11exceed $10,000 for each violation, for any violations of this
12Act and rules adopted in accordance with this Act. The
13procedures for disciplining a registered dispensing
14organization shall be determined by rule. All final
15administrative decisions of the Department of Financial and
16Professional Regulation are subject to judicial review under
17the Administrative Review Law and its rules. The term
18"administrative decision" is defined as in Section 3-101 of the
19Code of Civil Procedure.
20    (o) Dispensing organizations are subject to random
21inspection and cannabis testing by the Department of Financial
22and Professional Regulation and State Police as provided by
23rule.
 
24    Section 135. Change in designated dispensing organization.
25Nothing contained in this Act shall be construed to prohibit a

 

 

09800HB0001ham001- 61 -LRB098 02716 RLC 41653 a

1dispensing organization registered in this State from filling
2or refilling a valid written certification for medical cannabis
3that is on file with the Department of Public Health and the
4designation has been transferred from one dispensing
5organization to another under this Act upon the following
6conditions and exceptions:
7    (1) Prior to dispensing medical cannabis under any written
8certification and the requirements of this Act, the dispensing
9organization agent shall:
10        (A) advise the patient that the designated dispensing
11    organization on file with the Department of Public Health
12    must be changed before he or she will be able to dispense
13    any quantity of medical cannabis;
14        (B) determine that the patient is registered and in
15    compliance with the Department of Public Health under the
16    requirements of this Act;
17        (C) notify the dispensing organization designated by
18    the registered qualifying patient that the registered
19    qualifying patient is changing his or her designation and
20    the patient may no longer purchase medical cannabis at the
21    original dispensing organization; and
22        (D) notify the Department of Public Health of a
23    patient's change in designation and receive confirmation
24    from the Department of Public Health that it has updated
25    the registered qualifying patient database.
26    (2) The Department of Public Health's electronically

 

 

09800HB0001ham001- 62 -LRB098 02716 RLC 41653 a

1accessible database created under this Act shall maintain a
2registered qualified patient's designated dispensary
3information. The Department of Public Health may formulate
4rules, not inconsistent with law, as may be necessary to carry
5out the purposes of and to enforce the provisions of this
6Section.
7    (3) Medical Cannabis shall in no event be dispensed more
8frequently or in larger amounts than permitted under this Act.
 
9    Section 140. Local ordinances. A unit of local government
10may enact reasonable zoning ordinances or resolutions, not in
11conflict with this Act or with Department of Agriculture or
12Department of Public Health rules, regulating registered
13medical cannabis cultivation center or medical cannabis
14dispensing organizations. No unit of local government,
15including a home rule unit, or school district may regulate
16registered medical cannabis organizations other than as
17provided in this Act and may not unreasonably prohibit the
18cultivation, dispensing, and use of medical cannabis
19authorized by this Act. This Section is a denial and limitation
20under subsection (i) of Section 6 of Article VII of the
21Illinois Constitution on the concurrent exercise by home rule
22units of powers and functions exercised by the State.
 
23    Section 145. Confidentiality.
24    (a) The following information received and records kept by

 

 

09800HB0001ham001- 63 -LRB098 02716 RLC 41653 a

1the Department of Public Health, Department of Financial and
2Professional Regulation, Department of Agriculture, or
3Department of State Police under their rules for purposes of
4administering this Act are subject to all applicable federal
5privacy laws, confidential, and exempt from the Freedom of
6Information Act, and not subject to disclosure to any
7individual or public or private entity, except as necessary for
8authorized employees of those authorized agencies to perform
9official duties under this Act, except that the information
10received and records kept by Department of Public Health,
11Department of Agriculture, Department of Financial and
12Professional Regulation, and Department of State Police may
13disclose this information and records to each other upon
14request:
15        (1) Applications and renewals, their contents, and
16    supporting information submitted by qualifying patients
17    and designated caregivers, including information regarding
18    their designated caregivers and physicians.
19        (2) Applications and renewals, their contents, and
20    supporting information submitted by or on behalf of
21    cultivation centers and dispensing organizations in
22    compliance with this Act, including their physical
23    addresses.
24        (3) The individual names and other information
25    identifying persons to whom the Department of Public Health
26    has issued registry identification cards.

 

 

09800HB0001ham001- 64 -LRB098 02716 RLC 41653 a

1        (4) Any dispensing information required to be kept
2    under Section 135, Section 150, or Department of Public
3    Health, Department of Agriculture, or Department of
4    Financial and Professional Regulation rules shall identify
5    cardholders and registered cultivation centers by their
6    registry identification numbers and medical cannabis
7    dispensing organizations by their registration number and
8    not contain names or other personally identifying
9    information.
10        (5) All medical records provided to the Department of
11    Public Health in connection with an application for a
12    registry card.
13    (b) Nothing in this Section precludes the following:
14        (1) Department of Agriculture, Department of Financial
15    and Professional Regulation, or Public Health employees
16    may notify law enforcement about falsified or fraudulent
17    information submitted to the Departments if the employee
18    who suspects that falsified or fraudulent information has
19    been submitted conferred with his or her supervisor and
20    both agree that circumstances exist that warrant
21    reporting.
22        (2) If the employee conferred with his or her
23    supervisor and both agree that circumstances exist that
24    warrant reporting, Department of Public Health employees
25    may notify the Department of Financial and Professional
26    Regulation if there is reasonable cause to believe a

 

 

09800HB0001ham001- 65 -LRB098 02716 RLC 41653 a

1    physician:
2            (A) issued a written certification without a bona
3        fide physician-patient relationship under this Act;
4            (B) issued a written certification to a person who
5        was not under the physician's care for the debilitating
6        medical condition; or
7            (C) failed to abide by the acceptable and
8        prevailing standard of care when evaluating a
9        patient's medical condition.
10        (3) The Department of Public Health, Department of
11    Agriculture, and Department of Financial and Professional
12    Regulation may notify State or local law enforcement about
13    apparent criminal violations of this Act if the employee
14    who suspects the offense has conferred with his or her
15    supervisor and both agree that circumstances exist that
16    warrant reporting.
17        (4) Medical cannabis cultivation center agents and
18    medical cannabis dispensing organizations may notify the
19    Department of Public Health, Department of Financial and
20    Professional Regulation, or Department of Agriculture of a
21    suspected violation or attempted violation of this Act or
22    the rules issued under it.
23        (5) Each Department may verify registry identification
24    cards under Section 150.
25        (6) The submission of the report to the General
26    Assembly under Section 160.

 

 

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1    (c) It is a Class B misdemeanor with a $1,000 fine for any
2person, including an employee or official of the Department of
3Public Health, Department of Financial and Professional
4Regulation, or Department of Agriculture or another State
5agency or local government, to breach the confidentiality of
6information obtained under this Act.
 
7    Section 150. Registry identification and registration
8certificate verification.
9    (a) The Department of Public Health shall maintain a
10confidential list of the persons to whom the Department of
11Public Health has issued registry identification cards and
12their addresses, phone numbers, and registry identification
13numbers. This confidential list may not be combined or linked
14in any manner with any other list or database except as
15provided in this Section.
16    (b) Within 180 days of the effective date of this Act, the
17Department of Public Health, Department of Financial and
18Professional Registration, and Department of Agriculture shall
19together establish a computerized database or verification
20system. The database or verification system must allow law
21enforcement personnel and medical cannabis dispensary
22organization agents to determine whether or not the
23identification number corresponds with a current, valid
24registry identification card. The system shall only disclose
25whether the identification card is valid, whether the

 

 

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1cardholder is a registered qualifying patient or a registered
2designated caregiver, the registry identification number of
3the registered medical cannabis dispensing organization
4designated to serve the registered qualifying patient who holds
5the card, and the registry identification number of the patient
6who is assisted by a registered designated caregiver who holds
7the card. Notwithstanding any other requirements established
8by this subsection, the Department of Public Health shall issue
9registry cards to qualifying patients, the Department of
10Financial and Professional Registration may issue registration
11to medical cannabis dispensing organizations for the period
12during which the database is being established, and the
13Department of Agriculture may issue registration to medical
14cannabis cultivation organizations for the period during which
15the database is being established.
 
16    Section 155. Review of administrative decisions. All final
17administrative decisions of the Departments of Public Health,
18Department of Agriculture, and Department of Financial and
19Professional Regulation are subject to direct judicial review
20under the provisions of the Administrative Review Law and the
21rules adopted under that Law. The term "administrative
22decision" is defined as in Section 3-101 of the Code of Civil
23Procedure.
 
24    Section 160. Annual reports.

 

 

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1    (a) The Department of Public Health shall submit to the
2General Assembly a report, by September 30 of each year, that
3does not disclose any identifying information about registered
4qualifying patients, registered caregivers, or physicians, but
5does contain, at a minimum, all of the following information
6based on the fiscal year for reporting purposes:
7        (1) the number of applications and renewals filed for
8    registry identification cards or registrations;
9        (2) the number of qualifying patients and designated
10    caregivers served by each dispensary during the report
11    year;
12        (3) the nature of the debilitating medical conditions
13    of the qualifying patients;
14        (4) the number of registry identification cards or
15    registrations revoked for misconduct;
16        (5) the number of physicians providing written
17    certifications for qualifying patients; and
18        (6) the number of registered medical cannabis
19    cultivation centers or registered dispensing
20    organizations.
 
21    Section 165. Administrative rulemaking.
22    (a) Not later than 120 days after the effective date of
23this Act, the Department of Public Health, Department of
24Agriculture, and the Department of Financial and Professional
25Regulation shall develop rules in accordance to their

 

 

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1responsibilities under this Act and file those rules with the
2Joint Committee on Administrative Rules.
3    (b) The Department of Public Health rules shall address,
4but not be limited to, the following:
5        (1) fees for applications for registration as a
6    qualified patient or caregiver;
7        (2) establishing the form and content of registration
8    and renewal applications submitted under this Act,
9    including a standard form for written certifications;
10        (3) governing the manner in which it shall consider
11    applications for and renewals of registry identification
12    cards;
13        (4) the manufacture of medical cannabis-infused
14    products;
15        (5) fees for the application and renewal of registry
16    identification cards. Fee revenue may be offset or
17    supplemented by private donations;
18        (6) any other matters as are necessary for the fair,
19    impartial, stringent, and comprehensive administration of
20    this Act; and
21        (7) reasonable rules concerning the medical use of
22    cannabis at a nursing care institution, hospice, assisted
23    living center, assisted living facility, assisted living
24    home, residential care institution, or adult day health
25    care facility.
26    (c) The Department of Agriculture rules shall address, but

 

 

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1not be limited to the following related to registered
2cultivation centers, with the goal of protecting against
3diversion and theft, without imposing an undue burden on the
4registered cultivation centers:
5        (1) oversight requirements for registered cultivation
6    centers;
7        (2) recordkeeping requirements for registered
8    cultivation centers;
9        (3) security requirements for registered cultivation
10    centers, which shall include that each registered
11    cultivation center location must be protected by a fully
12    operational security alarm system;
13        (4) rules and standards for what constitutes an
14    enclosed, locked facility under this Act;
15        (5) procedures for suspending or revoking the
16    registration certificates or registry identification cards
17    of registered cultivation centers and their agents that
18    commit violations of the provisions of this Act or the
19    rules adopted under this Section;
20        (6) rules concerning the intrastate transportation of
21    medical cannabis from a cultivation center to a dispensing
22    organization;
23        (7) standards concerning the testing, quality, and
24    cultivation of medical cannabis;
25        (8) any other matters as are necessary for the fair,
26    impartial, stringent, and comprehensive administration of

 

 

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1    this Act;
2        (9) application and renewal fees for cultivation
3    center agents; and
4        (10) application, renewal, and registration fees for
5    cultivation centers.
6    (d) The Department of Financial and Professional
7Regulation rules shall address, but not be limited to the
8following matters related to registered dispensing
9organizations, with the goal of protecting against diversion
10and theft, without imposing an undue burden on the registered
11dispensing organizations or compromising the confidentiality
12of cardholders:
13        (1) application and renewal and registration fees for
14    dispensing organizations and dispensing organizations
15    agents;
16        (2) medical cannabis dispensing agent-in-charge
17    oversight requirements for s dispensing organizations;
18        (3) recordkeeping requirements for dispensing
19    organizations;
20        (4) security requirements for medical cannabis
21    dispensing organizations, which shall include that each
22    registered dispensing organization location must be
23    protected by a fully operational security alarm system;
24        (5) procedures for suspending or suspending the
25    registrations of dispensing organizations and dispensing
26    organization agents that commit violations of the

 

 

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1    provisions of this Act or the rules adopted under this Act;
2        (6) application and renewal fees for dispensing
3    organizations; and
4        (7) application and renewal fees for dispensing
5    organization agents.
6    (e) The Department of Public Health may establish a sliding
7scale of patient application and renewal fees based upon a
8qualifying patient's household income. The Department of
9Public health may accept donations from private sources to
10reduce application and renewal fees, and registry
11identification card fees shall include an additional fee set by
12rule which shall be used to develop and disseminate educational
13information about the health risks associated with the abuse of
14cannabis and prescription medications.
15    (f) During the rule-making process, each Department shall
16make a good faith effort to consult with stakeholders
17identified in the rule-making analysis as being impacted by the
18rules, including patients or a representative of an
19organization advocating on behalf of patients.
20    (g) The Department of Public Health shall develop and
21disseminate educational information about the health risks
22associated with the abuse of cannabis and prescription
23medications.
 
24    Section 170. Enforcement of this Act.
25    (a) If a Department fails to adopt rules to implement this

 

 

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1Act within the times provided for in this Act, any citizen may
2commence a mandamus action in the Circuit Court to compel the
3Departments to perform the actions mandated under the
4provisions of this Act.
5    (b) If the Department of Public Health, Department of
6Agriculture, or Department of Financial and Professional
7Regulation fails to issue a valid identification card in
8response to a valid application or renewal submitted under this
9Act or fails to issue a verbal or written notice of denial of
10the application within 30 days of its submission, the
11identification card is deemed granted, and a copy of the
12registry identification application, including a valid written
13certification in the case of patients, or renewal shall be
14deemed a valid registry identification card.
15    (c) Authorized employees of State or local law enforcement
16agencies shall immediately notify the Department of Public
17Health when any person in possession of a registry
18identification card has been determined by a court of law to
19have willfully violated the provisions of this Act or has pled
20guilty to the offense.
 
21    Section 175. Administrative hearings. All administrative
22hearings under this Act shall be conducted in accordance with
23the Department of Public Health's rules governing
24administrative hearings.
 

 

 

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1    Section 180. Destruction of medical cannabis.
2    (a) All cannabis byproduct, scrap, and harvested cannabis
3not intended for distribution to a medical cannabis
4organization must be destroyed and disposed of pursuant to
5State law. Documentation of destruction and disposal shall be
6retained at the cultivation center for a period of not less
7than 5 years.
8    (b) A cultivation center shall prior to the destruction,
9notify the Department of Agriculture and the State Police.
10    (c) The cultivation center shall keep record of the date of
11destruction and how much was destroyed.
12    (d) A dispensary organization shall destroy all cannabis,
13including cannabis-infused products, that are not sold to
14registered qualifying patients. Documentation of destruction
15and disposal shall be retained at the dispensary organization
16for a period of not less than 5 years.
17    (e) A dispensary organization shall prior to the
18destruction, notify the Department of Financial and
19Professional Regulation and the State Police.
 
20    Section 185. Suspension revocation of a registration.
21    (a) The Department of Agriculture and the Department of
22Public Health may suspend or revoke a registration for
23violations of this Act and rules issued in accordance with this
24Section.
25    (b) The suspension or revocation of a registration is a

 

 

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1final Department action, subject to judicial review.
2Jurisdiction and venue for judicial review are vested in the
3Circuit Court.
 
4    Section 190. Medical Cannabis Cultivation Privilege Tax
5Law. Sections 190 through 215 may be cited as the Medical
6Cannabis Cultivation Privilege Tax Law.
 
7    Section 195. Definitions. For the purposes of this Law:
8    "Cultivation center" has the meaning ascribed to that term
9in the Compassionate Use of Medical Cannabis Pilot Program Act.
10    "Department" means the Department of Revenue.
11    "Dispensing organization" has the meaning ascribed to that
12term in the Compassionate Use of Medical Cannabis Pilot Program
13Act.
14    "Person" means an individual, partnership, corporation, or
15public or private organization.
16    "Qualifying patient" means a qualifying patient registered
17under the Compassionate Use of Medical Cannabis Pilot Program
18Act.
 
19    Section 200. Tax imposed.
20    (a) Beginning on the effective date of this Act, a tax is
21imposed upon the privilege of cultivating medical cannabis at a
22rate of 7% of the sales price per ounce. The proceeds from this
23tax shall be deposited into the Compassionate Use of Medical

 

 

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1Cannabis Fund created under the Compassionate Use of Medical
2Cannabis Pilot Program Act. This tax shall be paid by a
3cultivation center and is not the responsibility of a
4dispensing organization or a qualifying patient.
5    (b) The tax imposed under this Act shall be in addition to
6all other occupation or privilege taxes imposed by the State of
7Illinois or by any municipal corporation or political
8subdivision thereof.
 
9    Section 205. Department enforcement.
10    (a) Every person subject to the tax under this Law shall
11apply to the Department (upon a form prescribed and furnished
12by the Department) for a certificate of registration under this
13Law. Application for a certificate of registration shall be
14made to the Department upon forms furnished by the Department.
15The certificate of registration which is issued by the
16Department to a retailer under the Retailers' Occupation Tax
17Act shall permit the taxpayer to engage in a business which is
18taxable under this Law without registering separately with the
19Department.
20    (b) The Department shall have full power to administer and
21enforce this Law, to collect all taxes and penalties due
22hereunder, to dispose of taxes and penalties so collected in
23the manner hereinafter provided, and to determine all rights to
24credit memoranda, arising on account of the erroneous payment
25of tax or penalty hereunder. In the administration of, and

 

 

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1compliance with, this Law, the Department and persons who are
2subject to this Law shall have the same rights, remedies,
3privileges, immunities, powers and duties, and be subject to
4the same conditions, restrictions, limitations, penalties and
5definitions of terms, and employ the same modes of procedure,
6as are prescribed in Sections 1, 1a, 2 through 2-65 (in respect
7to all provisions therein other than the State rate of tax),
82a, 2b, 2c, 3 (except provisions relating to transaction
9returns and quarter monthly payments, and except for provisions
10that are inconsistent with this Law), 4, 5, 5a, 5b, 5c, 5d, 5e,
115f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 11a, 12 and 13
12of the Retailers' Occupation Tax Act and Section 3-7 of the
13Uniform Penalty and Interest Act as fully as if those
14provisions were set forth herein.
 
15    Section 210. Returns. On or before the twentieth day of
16each calendar month, every person subject to the tax imposed
17under this Law during the preceding calendar month shall file a
18return with the Department, stating:
19        (1) The name of the taxpayer;
20        (2) The number of ounces of medical cannabis sold to a
21    dispensary organization or a registered qualifying patient
22    during the preceding calendar month;
23        (3) The amount of tax due;
24        (4) The signature of the taxpayer; and
25        (5) Such other reasonable information as the

 

 

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1    Department may require.
2    If a taxpayer fails to sign a return within 30 days after
3the proper notice and demand for signature by the Department,
4the return shall be considered valid and any amount shown to be
5due on the return shall be deemed assessed.
6    The taxpayer shall remit the amount of the tax due to the
7Department at the time the taxpayer files his or her return.
 
8    Section 215. Rules. The Department may adopt rules related
9to the enforcement of this Law.
 
10    Section 220. Repeal of Act. This Act is repealed 4 years
11after the effective date of this Act.
 
12    Section 900. The Election Code is amended by adding Section
139-45 as follows:
 
14    (10 ILCS 5/9-45 new)
15    Sec. 9-45. Medical cannabis organization; contributions.
16It is unlawful for any medical cannabis cultivation center or
17medical cannabis dispensary organization or any political
18action committee created by any medical cannabis cultivation
19center or dispensary organization to make a campaign
20contribution to any political committee established to promote
21the candidacy of a candidate or public official. It is unlawful
22for any candidate, political committee, or other person to

 

 

09800HB0001ham001- 79 -LRB098 02716 RLC 41653 a

1knowingly accept or receive any contribution prohibited by this
2Section. It is unlawful for any officer or agent of a medical
3cannabis cultivation center or dispensary organization to
4consent to any contribution or expenditure by the medical
5cannabis organization that is prohibited by this Section. As
6used in this Section, "medical cannabis cultivation center" and
7"dispensary organization" have the meaning ascribed to those
8terms in Section 10 of the Compassionate Use of Medical
9Cannabis Pilot Program Act.
 
10    Section 905. The State Finance Act is amended by adding
11Section 5.826 as follows:
 
12    (30 ILCS 105/5.826 new)
13    Sec. 5.826. The Compassionate Use of Medical Cannabis Fund.
 
14    Section 910. The Illinois Income Tax Act is amended by
15changing Section 201 as follows:
 
16    (35 ILCS 5/201)  (from Ch. 120, par. 2-201)
17    Sec. 201. Tax Imposed.
18    (a) In general. A tax measured by net income is hereby
19imposed on every individual, corporation, trust and estate for
20each taxable year ending after July 31, 1969 on the privilege
21of earning or receiving income in or as a resident of this
22State. Such tax shall be in addition to all other occupation or

 

 

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1privilege taxes imposed by this State or by any municipal
2corporation or political subdivision thereof.
3    (b) Rates. The tax imposed by subsection (a) of this
4Section shall be determined as follows, except as adjusted by
5subsection (d-1):
6        (1) In the case of an individual, trust or estate, for
7    taxable years ending prior to July 1, 1989, an amount equal
8    to 2 1/2% of the taxpayer's net income for the taxable
9    year.
10        (2) In the case of an individual, trust or estate, for
11    taxable years beginning prior to July 1, 1989 and ending
12    after June 30, 1989, an amount equal to the sum of (i) 2
13    1/2% of the taxpayer's net income for the period prior to
14    July 1, 1989, as calculated under Section 202.3, and (ii)
15    3% of the taxpayer's net income for the period after June
16    30, 1989, as calculated under Section 202.3.
17        (3) In the case of an individual, trust or estate, for
18    taxable years beginning after June 30, 1989, and ending
19    prior to January 1, 2011, an amount equal to 3% of the
20    taxpayer's net income for the taxable year.
21        (4) In the case of an individual, trust, or estate, for
22    taxable years beginning prior to January 1, 2011, and
23    ending after December 31, 2010, an amount equal to the sum
24    of (i) 3% of the taxpayer's net income for the period prior
25    to January 1, 2011, as calculated under Section 202.5, and
26    (ii) 5% of the taxpayer's net income for the period after

 

 

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1    December 31, 2010, as calculated under Section 202.5.
2        (5) In the case of an individual, trust, or estate, for
3    taxable years beginning on or after January 1, 2011, and
4    ending prior to January 1, 2015, an amount equal to 5% of
5    the taxpayer's net income for the taxable year.
6        (5.1) In the case of an individual, trust, or estate,
7    for taxable years beginning prior to January 1, 2015, and
8    ending after December 31, 2014, an amount equal to the sum
9    of (i) 5% of the taxpayer's net income for the period prior
10    to January 1, 2015, as calculated under Section 202.5, and
11    (ii) 3.75% of the taxpayer's net income for the period
12    after December 31, 2014, as calculated under Section 202.5.
13        (5.2) In the case of an individual, trust, or estate,
14    for taxable years beginning on or after January 1, 2015,
15    and ending prior to January 1, 2025, an amount equal to
16    3.75% of the taxpayer's net income for the taxable year.
17        (5.3) In the case of an individual, trust, or estate,
18    for taxable years beginning prior to January 1, 2025, and
19    ending after December 31, 2024, an amount equal to the sum
20    of (i) 3.75% of the taxpayer's net income for the period
21    prior to January 1, 2025, as calculated under Section
22    202.5, and (ii) 3.25% of the taxpayer's net income for the
23    period after December 31, 2024, as calculated under Section
24    202.5.
25        (5.4) In the case of an individual, trust, or estate,
26    for taxable years beginning on or after January 1, 2025, an

 

 

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1    amount equal to 3.25% of the taxpayer's net income for the
2    taxable year.
3        (6) In the case of a corporation, for taxable years
4    ending prior to July 1, 1989, an amount equal to 4% of the
5    taxpayer's net income for the taxable year.
6        (7) In the case of a corporation, for taxable years
7    beginning prior to July 1, 1989 and ending after June 30,
8    1989, an amount equal to the sum of (i) 4% of the
9    taxpayer's net income for the period prior to July 1, 1989,
10    as calculated under Section 202.3, and (ii) 4.8% of the
11    taxpayer's net income for the period after June 30, 1989,
12    as calculated under Section 202.3.
13        (8) In the case of a corporation, for taxable years
14    beginning after June 30, 1989, and ending prior to January
15    1, 2011, an amount equal to 4.8% of the taxpayer's net
16    income for the taxable year.
17        (9) In the case of a corporation, for taxable years
18    beginning prior to January 1, 2011, and ending after
19    December 31, 2010, an amount equal to the sum of (i) 4.8%
20    of the taxpayer's net income for the period prior to
21    January 1, 2011, as calculated under Section 202.5, and
22    (ii) 7% of the taxpayer's net income for the period after
23    December 31, 2010, as calculated under Section 202.5.
24        (10) In the case of a corporation, for taxable years
25    beginning on or after January 1, 2011, and ending prior to
26    January 1, 2015, an amount equal to 7% of the taxpayer's

 

 

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1    net income for the taxable year.
2        (11) In the case of a corporation, for taxable years
3    beginning prior to January 1, 2015, and ending after
4    December 31, 2014, an amount equal to the sum of (i) 7% of
5    the taxpayer's net income for the period prior to January
6    1, 2015, as calculated under Section 202.5, and (ii) 5.25%
7    of the taxpayer's net income for the period after December
8    31, 2014, as calculated under Section 202.5.
9        (12) In the case of a corporation, for taxable years
10    beginning on or after January 1, 2015, and ending prior to
11    January 1, 2025, an amount equal to 5.25% of the taxpayer's
12    net income for the taxable year.
13        (13) In the case of a corporation, for taxable years
14    beginning prior to January 1, 2025, and ending after
15    December 31, 2024, an amount equal to the sum of (i) 5.25%
16    of the taxpayer's net income for the period prior to
17    January 1, 2025, as calculated under Section 202.5, and
18    (ii) 4.8% of the taxpayer's net income for the period after
19    December 31, 2024, as calculated under Section 202.5.
20        (14) In the case of a corporation, for taxable years
21    beginning on or after January 1, 2025, an amount equal to
22    4.8% of the taxpayer's net income for the taxable year.
23    The rates under this subsection (b) are subject to the
24provisions of Section 201.5.
25    (c) Personal Property Tax Replacement Income Tax.
26Beginning on July 1, 1979 and thereafter, in addition to such

 

 

09800HB0001ham001- 84 -LRB098 02716 RLC 41653 a

1income tax, there is also hereby imposed the Personal Property
2Tax Replacement Income Tax measured by net income on every
3corporation (including Subchapter S corporations), partnership
4and trust, for each taxable year ending after June 30, 1979.
5Such taxes are imposed on the privilege of earning or receiving
6income in or as a resident of this State. The Personal Property
7Tax Replacement Income Tax shall be in addition to the income
8tax imposed by subsections (a) and (b) of this Section and in
9addition to all other occupation or privilege taxes imposed by
10this State or by any municipal corporation or political
11subdivision thereof.
12    (d) Additional Personal Property Tax Replacement Income
13Tax Rates. The personal property tax replacement income tax
14imposed by this subsection and subsection (c) of this Section
15in the case of a corporation, other than a Subchapter S
16corporation and except as adjusted by subsection (d-1), shall
17be an additional amount equal to 2.85% of such taxpayer's net
18income for the taxable year, except that beginning on January
191, 1981, and thereafter, the rate of 2.85% specified in this
20subsection shall be reduced to 2.5%, and in the case of a
21partnership, trust or a Subchapter S corporation shall be an
22additional amount equal to 1.5% of such taxpayer's net income
23for the taxable year.
24    (d-1) Rate reduction for certain foreign insurers. In the
25case of a foreign insurer, as defined by Section 35A-5 of the
26Illinois Insurance Code, whose state or country of domicile

 

 

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1imposes on insurers domiciled in Illinois a retaliatory tax
2(excluding any insurer whose premiums from reinsurance assumed
3are 50% or more of its total insurance premiums as determined
4under paragraph (2) of subsection (b) of Section 304, except
5that for purposes of this determination premiums from
6reinsurance do not include premiums from inter-affiliate
7reinsurance arrangements), beginning with taxable years ending
8on or after December 31, 1999, the sum of the rates of tax
9imposed by subsections (b) and (d) shall be reduced (but not
10increased) to the rate at which the total amount of tax imposed
11under this Act, net of all credits allowed under this Act,
12shall equal (i) the total amount of tax that would be imposed
13on the foreign insurer's net income allocable to Illinois for
14the taxable year by such foreign insurer's state or country of
15domicile if that net income were subject to all income taxes
16and taxes measured by net income imposed by such foreign
17insurer's state or country of domicile, net of all credits
18allowed or (ii) a rate of zero if no such tax is imposed on such
19income by the foreign insurer's state of domicile. For the
20purposes of this subsection (d-1), an inter-affiliate includes
21a mutual insurer under common management.
22        (1) For the purposes of subsection (d-1), in no event
23    shall the sum of the rates of tax imposed by subsections
24    (b) and (d) be reduced below the rate at which the sum of:
25            (A) the total amount of tax imposed on such foreign
26        insurer under this Act for a taxable year, net of all

 

 

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1        credits allowed under this Act, plus
2            (B) the privilege tax imposed by Section 409 of the
3        Illinois Insurance Code, the fire insurance company
4        tax imposed by Section 12 of the Fire Investigation
5        Act, and the fire department taxes imposed under
6        Section 11-10-1 of the Illinois Municipal Code,
7    equals 1.25% for taxable years ending prior to December 31,
8    2003, or 1.75% for taxable years ending on or after
9    December 31, 2003, of the net taxable premiums written for
10    the taxable year, as described by subsection (1) of Section
11    409 of the Illinois Insurance Code. This paragraph will in
12    no event increase the rates imposed under subsections (b)
13    and (d).
14        (2) Any reduction in the rates of tax imposed by this
15    subsection shall be applied first against the rates imposed
16    by subsection (b) and only after the tax imposed by
17    subsection (a) net of all credits allowed under this
18    Section other than the credit allowed under subsection (i)
19    has been reduced to zero, against the rates imposed by
20    subsection (d).
21    This subsection (d-1) is exempt from the provisions of
22Section 250.
23    (e) Investment credit. A taxpayer shall be allowed a credit
24against the Personal Property Tax Replacement Income Tax for
25investment in qualified property.
26        (1) A taxpayer shall be allowed a credit equal to .5%

 

 

09800HB0001ham001- 87 -LRB098 02716 RLC 41653 a

1    of the basis of qualified property placed in service during
2    the taxable year, provided such property is placed in
3    service on or after July 1, 1984. There shall be allowed an
4    additional credit equal to .5% of the basis of qualified
5    property placed in service during the taxable year,
6    provided such property is placed in service on or after
7    July 1, 1986, and the taxpayer's base employment within
8    Illinois has increased by 1% or more over the preceding
9    year as determined by the taxpayer's employment records
10    filed with the Illinois Department of Employment Security.
11    Taxpayers who are new to Illinois shall be deemed to have
12    met the 1% growth in base employment for the first year in
13    which they file employment records with the Illinois
14    Department of Employment Security. The provisions added to
15    this Section by Public Act 85-1200 (and restored by Public
16    Act 87-895) shall be construed as declaratory of existing
17    law and not as a new enactment. If, in any year, the
18    increase in base employment within Illinois over the
19    preceding year is less than 1%, the additional credit shall
20    be limited to that percentage times a fraction, the
21    numerator of which is .5% and the denominator of which is
22    1%, but shall not exceed .5%. The investment credit shall
23    not be allowed to the extent that it would reduce a
24    taxpayer's liability in any tax year below zero, nor may
25    any credit for qualified property be allowed for any year
26    other than the year in which the property was placed in

 

 

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1    service in Illinois. For tax years ending on or after
2    December 31, 1987, and on or before December 31, 1988, the
3    credit shall be allowed for the tax year in which the
4    property is placed in service, or, if the amount of the
5    credit exceeds the tax liability for that year, whether it
6    exceeds the original liability or the liability as later
7    amended, such excess may be carried forward and applied to
8    the tax liability of the 5 taxable years following the
9    excess credit years if the taxpayer (i) makes investments
10    which cause the creation of a minimum of 2,000 full-time
11    equivalent jobs in Illinois, (ii) is located in an
12    enterprise zone established pursuant to the Illinois
13    Enterprise Zone Act and (iii) is certified by the
14    Department of Commerce and Community Affairs (now
15    Department of Commerce and Economic Opportunity) as
16    complying with the requirements specified in clause (i) and
17    (ii) by July 1, 1986. The Department of Commerce and
18    Community Affairs (now Department of Commerce and Economic
19    Opportunity) shall notify the Department of Revenue of all
20    such certifications immediately. For tax years ending
21    after December 31, 1988, the credit shall be allowed for
22    the tax year in which the property is placed in service,
23    or, if the amount of the credit exceeds the tax liability
24    for that year, whether it exceeds the original liability or
25    the liability as later amended, such excess may be carried
26    forward and applied to the tax liability of the 5 taxable

 

 

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1    years following the excess credit years. The credit shall
2    be 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, earlier credit
5    shall be applied first.
6        (2) The term "qualified property" means property
7    which:
8            (A) is tangible, whether new or used, including
9        buildings and structural components of buildings and
10        signs that are real property, but not including land or
11        improvements to real property that are not a structural
12        component of a building such as landscaping, sewer
13        lines, local access roads, fencing, parking lots, and
14        other appurtenances;
15            (B) is depreciable pursuant to Section 167 of the
16        Internal Revenue Code, except that "3-year property"
17        as defined in Section 168(c)(2)(A) of that Code is not
18        eligible for the credit provided by this subsection
19        (e);
20            (C) is acquired by purchase as defined in Section
21        179(d) of the Internal Revenue Code;
22            (D) is used in Illinois by a taxpayer who is
23        primarily engaged in manufacturing, or in mining coal
24        or fluorite, or in retailing, or was placed in service
25        on or after July 1, 2006 in a River Edge Redevelopment
26        Zone established pursuant to the River Edge

 

 

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1        Redevelopment Zone Act; and
2            (E) has not previously been used in Illinois in
3        such a manner and by such a person as would qualify for
4        the credit provided by this subsection (e) or
5        subsection (f).
6        (3) For purposes of this subsection (e),
7    "manufacturing" means the material staging and production
8    of tangible personal property by procedures commonly
9    regarded as manufacturing, processing, fabrication, or
10    assembling which changes some existing material into new
11    shapes, new qualities, or new combinations. For purposes of
12    this subsection (e) the term "mining" shall have the same
13    meaning as the term "mining" in Section 613(c) of the
14    Internal Revenue Code. For purposes of this subsection (e),
15    the term "retailing" means the sale of tangible personal
16    property for use or consumption and not for resale, or
17    services rendered in conjunction with the sale of tangible
18    personal property for use or consumption and not for
19    resale. For purposes of this subsection (e), "tangible
20    personal property" has the same meaning as when that term
21    is used in the Retailers' Occupation Tax Act, and, for
22    taxable years ending after December 31, 2008, does not
23    include the generation, transmission, or distribution of
24    electricity.
25        (4) The basis of qualified property shall be the basis
26    used to compute the depreciation deduction for federal

 

 

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1    income tax purposes.
2        (5) If the basis of the property for federal income tax
3    depreciation purposes is increased after it has been placed
4    in service in Illinois by the taxpayer, the amount of such
5    increase shall be deemed property placed in service on the
6    date of such increase in basis.
7        (6) The term "placed in service" shall have the same
8    meaning as under Section 46 of the Internal Revenue Code.
9        (7) If during any taxable year, any property ceases to
10    be qualified property in the hands of the taxpayer within
11    48 months after being placed in service, or the situs of
12    any qualified property is moved outside Illinois within 48
13    months after being placed in service, the Personal Property
14    Tax Replacement Income Tax for such taxable year shall be
15    increased. Such increase shall be determined by (i)
16    recomputing the investment credit which would have been
17    allowed for the year in which credit for such property was
18    originally allowed by eliminating such property from such
19    computation and, (ii) subtracting such recomputed credit
20    from the amount of credit previously allowed. For the
21    purposes of this paragraph (7), a reduction of the basis of
22    qualified property resulting from a redetermination of the
23    purchase price shall be deemed a disposition of qualified
24    property to the extent of such reduction.
25        (8) Unless the investment credit is extended by law,
26    the basis of qualified property shall not include costs

 

 

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1    incurred after December 31, 2018, except for costs incurred
2    pursuant to a binding contract entered into on or before
3    December 31, 2018.
4        (9) Each taxable year ending before December 31, 2000,
5    a partnership may elect to pass through to its partners the
6    credits to which the partnership is entitled under this
7    subsection (e) for the taxable year. A partner may use the
8    credit allocated to him or her under this paragraph only
9    against the tax imposed in subsections (c) and (d) of this
10    Section. If the partnership makes that election, those
11    credits shall be allocated among the partners in the
12    partnership in accordance with the rules set forth in
13    Section 704(b) of the Internal Revenue Code, and the rules
14    promulgated under that Section, and the allocated amount of
15    the credits shall be allowed to the partners for that
16    taxable year. The partnership shall make this election on
17    its Personal Property Tax Replacement Income Tax return for
18    that taxable year. The election to pass through the credits
19    shall be irrevocable.
20        For taxable years ending on or after December 31, 2000,
21    a partner that qualifies its partnership for a subtraction
22    under subparagraph (I) of paragraph (2) of subsection (d)
23    of Section 203 or a shareholder that qualifies a Subchapter
24    S corporation for a subtraction under subparagraph (S) of
25    paragraph (2) of subsection (b) of Section 203 shall be
26    allowed a credit under this subsection (e) equal to its

 

 

09800HB0001ham001- 93 -LRB098 02716 RLC 41653 a

1    share of the credit earned under this subsection (e) during
2    the taxable year by the partnership or Subchapter S
3    corporation, determined in accordance with the
4    determination of income and distributive share of income
5    under Sections 702 and 704 and Subchapter S of the Internal
6    Revenue Code. This paragraph is exempt from the provisions
7    of Section 250.
8    (f) Investment credit; Enterprise Zone; River Edge
9Redevelopment Zone.
10        (1) A taxpayer shall be allowed a credit against the
11    tax imposed by subsections (a) and (b) of this Section for
12    investment in qualified property which is placed in service
13    in an Enterprise Zone created pursuant to the Illinois
14    Enterprise Zone Act or, for property placed in service on
15    or after July 1, 2006, a River Edge Redevelopment Zone
16    established pursuant to the River Edge Redevelopment Zone
17    Act. For partners, shareholders of Subchapter S
18    corporations, and owners of limited liability companies,
19    if the liability company is treated as a partnership for
20    purposes of federal and State income taxation, there shall
21    be allowed a credit under this subsection (f) to be
22    determined in accordance with the determination of income
23    and distributive share of income under Sections 702 and 704
24    and Subchapter S of the Internal Revenue Code. The credit
25    shall be .5% of the basis for such property. The credit
26    shall be available only in the taxable year in which the

 

 

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1    property is placed in service in the Enterprise Zone or
2    River Edge Redevelopment Zone and shall not be allowed to
3    the extent that it would reduce a taxpayer's liability for
4    the tax imposed by subsections (a) and (b) of this Section
5    to below zero. For tax years ending on or after December
6    31, 1985, the credit shall be allowed for the tax year in
7    which the property is placed in service, or, if the amount
8    of the credit exceeds the tax liability for that year,
9    whether it exceeds the original liability or the liability
10    as later amended, such excess may be carried forward and
11    applied to the tax liability of the 5 taxable years
12    following the excess credit year. The credit shall be
13    applied to the earliest year for which there is a
14    liability. If there is credit from more than one tax year
15    that is available to offset a liability, the credit
16    accruing first in time shall be applied first.
17        (2) The term qualified property means property which:
18            (A) is tangible, whether new or used, including
19        buildings and structural components of buildings;
20            (B) is depreciable pursuant to Section 167 of the
21        Internal Revenue Code, except that "3-year property"
22        as defined in Section 168(c)(2)(A) of that Code is not
23        eligible for the credit provided by this subsection
24        (f);
25            (C) is acquired by purchase as defined in Section
26        179(d) of the Internal Revenue Code;

 

 

09800HB0001ham001- 95 -LRB098 02716 RLC 41653 a

1            (D) is used in the Enterprise Zone or River Edge
2        Redevelopment Zone by the taxpayer; and
3            (E) has not been previously used in Illinois in
4        such a manner and by such a person as would qualify for
5        the credit provided by this subsection (f) or
6        subsection (e).
7        (3) The basis of qualified property shall be the basis
8    used to compute the depreciation deduction for federal
9    income tax purposes.
10        (4) If the basis of the property for federal income tax
11    depreciation purposes is increased after it has been placed
12    in service in the Enterprise Zone or River Edge
13    Redevelopment Zone by the taxpayer, the amount of such
14    increase shall be deemed property placed in service on the
15    date of such increase in basis.
16        (5) The term "placed in service" shall have the same
17    meaning as under Section 46 of the Internal Revenue Code.
18        (6) If during any taxable year, any property ceases to
19    be qualified property in the hands of the taxpayer within
20    48 months after being placed in service, or the situs of
21    any qualified property is moved outside the Enterprise Zone
22    or River Edge Redevelopment Zone within 48 months after
23    being placed in service, the tax imposed under subsections
24    (a) and (b) of this Section for such taxable year shall be
25    increased. Such increase shall be determined by (i)
26    recomputing the investment credit which would have been

 

 

09800HB0001ham001- 96 -LRB098 02716 RLC 41653 a

1    allowed for the year in which credit for such property was
2    originally allowed by eliminating such property from such
3    computation, and (ii) subtracting such recomputed credit
4    from the amount of credit previously allowed. For the
5    purposes of this paragraph (6), a reduction of the basis of
6    qualified property resulting from a redetermination of the
7    purchase price shall be deemed a disposition of qualified
8    property to the extent of such reduction.
9        (7) There shall be allowed an additional credit equal
10    to 0.5% of the basis of qualified property placed in
11    service during the taxable year in a River Edge
12    Redevelopment Zone, provided such property is placed in
13    service on or after July 1, 2006, and the taxpayer's base
14    employment within Illinois has increased by 1% or more over
15    the preceding year as determined by the taxpayer's
16    employment records filed with the Illinois Department of
17    Employment Security. Taxpayers who are new to Illinois
18    shall be deemed to have met the 1% growth in base
19    employment for the first year in which they file employment
20    records with the Illinois Department of Employment
21    Security. If, in any year, the increase in base employment
22    within Illinois over the preceding year is less than 1%,
23    the additional credit shall be limited to that percentage
24    times a fraction, the numerator of which is 0.5% and the
25    denominator of which is 1%, but shall not exceed 0.5%.
26    (g) Jobs Tax Credit; River Edge Redevelopment Zone and

 

 

09800HB0001ham001- 97 -LRB098 02716 RLC 41653 a

1Foreign Trade Zone or Sub-Zone.
2        (1) A taxpayer conducting a trade or business, for
3    taxable years ending on or after December 31, 2006, in a
4    River Edge Redevelopment Zone or conducting a trade or
5    business in a federally designated Foreign Trade Zone or
6    Sub-Zone shall be allowed a credit against the tax imposed
7    by subsections (a) and (b) of this Section in the amount of
8    $500 per eligible employee hired to work in the zone during
9    the taxable year.
10        (2) To qualify for the credit:
11            (A) the taxpayer must hire 5 or more eligible
12        employees to work in a River Edge Redevelopment Zone or
13        federally designated Foreign Trade Zone or Sub-Zone
14        during the taxable year;
15            (B) the taxpayer's total employment within the
16        River Edge Redevelopment Zone or federally designated
17        Foreign Trade Zone or Sub-Zone must increase by 5 or
18        more full-time employees beyond the total employed in
19        that zone at the end of the previous tax year for which
20        a jobs tax credit under this Section was taken, or
21        beyond the total employed by the taxpayer as of
22        December 31, 1985, whichever is later; and
23            (C) the eligible employees must be employed 180
24        consecutive days in order to be deemed hired for
25        purposes of this subsection.
26        (3) An "eligible employee" means an employee who is:

 

 

09800HB0001ham001- 98 -LRB098 02716 RLC 41653 a

1            (A) Certified by the Department of Commerce and
2        Economic Opportunity as "eligible for services"
3        pursuant to regulations promulgated in accordance with
4        Title II of the Job Training Partnership Act, Training
5        Services for the Disadvantaged or Title III of the Job
6        Training Partnership Act, Employment and Training
7        Assistance for Dislocated Workers Program.
8            (B) Hired after the River Edge Redevelopment Zone
9        or federally designated Foreign Trade Zone or Sub-Zone
10        was designated or the trade or business was located in
11        that zone, whichever is later.
12            (C) Employed in the River Edge Redevelopment Zone
13        or Foreign Trade Zone or Sub-Zone. An employee is
14        employed in a federally designated Foreign Trade Zone
15        or Sub-Zone if his services are rendered there or it is
16        the base of operations for the services performed.
17            (D) A full-time employee working 30 or more hours
18        per week.
19        (4) For tax years ending on or after December 31, 1985
20    and prior to December 31, 1988, the credit shall be allowed
21    for the tax year in which the eligible employees are hired.
22    For tax years ending on or after December 31, 1988, the
23    credit shall be allowed for the tax year immediately
24    following the tax year in which the eligible employees are
25    hired. If the amount of the credit exceeds the tax
26    liability for that year, whether it exceeds the original

 

 

09800HB0001ham001- 99 -LRB098 02716 RLC 41653 a

1    liability or the liability as later amended, such excess
2    may be carried forward and applied to the tax liability of
3    the 5 taxable years following the excess credit year. The
4    credit shall be applied to the earliest year for which
5    there is a liability. If there is credit from more than one
6    tax year that is available to offset a liability, earlier
7    credit shall be applied first.
8        (5) The Department of Revenue shall promulgate such
9    rules and regulations as may be deemed necessary to carry
10    out the purposes of this subsection (g).
11        (6) The credit shall be available for eligible
12    employees hired on or after January 1, 1986.
13    (h) Investment credit; High Impact Business.
14        (1) Subject to subsections (b) and (b-5) of Section 5.5
15    of the Illinois Enterprise Zone Act, a taxpayer shall be
16    allowed a credit against the tax imposed by subsections (a)
17    and (b) of this Section for investment in qualified
18    property which is placed in service by a Department of
19    Commerce and Economic Opportunity designated High Impact
20    Business. The credit shall be .5% of the basis for such
21    property. The credit shall not be available (i) until the
22    minimum investments in qualified property set forth in
23    subdivision (a)(3)(A) of Section 5.5 of the Illinois
24    Enterprise Zone Act have been satisfied or (ii) until the
25    time authorized in subsection (b-5) of the Illinois
26    Enterprise Zone Act for entities designated as High Impact

 

 

09800HB0001ham001- 100 -LRB098 02716 RLC 41653 a

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

 

 

09800HB0001ham001- 101 -LRB098 02716 RLC 41653 a

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

 

 

09800HB0001ham001- 102 -LRB098 02716 RLC 41653 a

1    meaning as under Section 46 of the Internal Revenue Code.
2        (6) If during any taxable year ending on or before
3    December 31, 1996, any property ceases to be qualified
4    property in the hands of the taxpayer within 48 months
5    after being placed in service, or the situs of any
6    qualified property is moved outside Illinois within 48
7    months after being placed in service, the tax imposed under
8    subsections (a) and (b) of this Section for such taxable
9    year shall be increased. Such increase shall be determined
10    by (i) recomputing the investment credit which would have
11    been allowed for the year in which credit for such property
12    was originally allowed by eliminating such property from
13    such computation, and (ii) subtracting such recomputed
14    credit from the amount of credit previously allowed. For
15    the purposes of this paragraph (6), a reduction of the
16    basis of qualified property resulting from a
17    redetermination of the purchase price shall be deemed a
18    disposition of qualified property to the extent of such
19    reduction.
20        (7) Beginning with tax years ending after December 31,
21    1996, if a taxpayer qualifies for the credit under this
22    subsection (h) and thereby is granted a tax abatement and
23    the taxpayer relocates its entire facility in violation of
24    the explicit terms and length of the contract under Section
25    18-183 of the Property Tax Code, the tax imposed under
26    subsections (a) and (b) of this Section shall be increased

 

 

09800HB0001ham001- 103 -LRB098 02716 RLC 41653 a

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

 

 

09800HB0001ham001- 104 -LRB098 02716 RLC 41653 a

1first.
2    If, during any taxable year ending on or after December 31,
31986, the tax imposed by subsections (c) and (d) of this
4Section for which a taxpayer has claimed a credit under this
5subsection (i) is reduced, the amount of credit for such tax
6shall also be reduced. Such reduction shall be determined by
7recomputing the credit to take into account the reduced tax
8imposed by subsections (c) and (d). If any portion of the
9reduced amount of credit has been carried to a different
10taxable year, an amended return shall be filed for such taxable
11year to reduce the amount of credit claimed.
12    (j) Training expense credit. Beginning with tax years
13ending on or after December 31, 1986 and prior to December 31,
142003, a taxpayer shall be allowed a credit against the tax
15imposed by subsections (a) and (b) under this Section for all
16amounts paid or accrued, on behalf of all persons employed by
17the taxpayer in Illinois or Illinois residents employed outside
18of Illinois by a taxpayer, for educational or vocational
19training in semi-technical or technical fields or semi-skilled
20or skilled fields, which were deducted from gross income in the
21computation of taxable income. The credit against the tax
22imposed by subsections (a) and (b) shall be 1.6% of such
23training expenses. For partners, shareholders of subchapter S
24corporations, and owners of limited liability companies, if the
25liability company is treated as a partnership for purposes of
26federal and State income taxation, there shall be allowed a

 

 

09800HB0001ham001- 105 -LRB098 02716 RLC 41653 a

1credit under this subsection (j) to be determined in accordance
2with the determination of income and distributive share of
3income under Sections 702 and 704 and subchapter S of the
4Internal Revenue Code.
5    Any credit allowed under this subsection which is unused in
6the year the credit is earned may be carried forward to each of
7the 5 taxable years following the year for which the credit is
8first computed until it is used. This credit shall be applied
9first to the earliest year for which there is a liability. If
10there is a credit under this subsection from more than one tax
11year that is available to offset a liability the earliest
12credit arising under this subsection shall be applied first. No
13carryforward credit may be claimed in any tax year ending on or
14after December 31, 2003.
15    (k) Research and development credit. For tax years ending
16after July 1, 1990 and prior to December 31, 2003, and
17beginning again for tax years ending on or after December 31,
182004, and ending prior to January 1, 2016, a taxpayer shall be
19allowed a credit against the tax imposed by subsections (a) and
20(b) of this Section for increasing research activities in this
21State. The credit allowed against the tax imposed by
22subsections (a) and (b) shall be equal to 6 1/2% of the
23qualifying expenditures for increasing research activities in
24this State. For partners, shareholders of subchapter S
25corporations, and owners of limited liability companies, if the
26liability company is treated as a partnership for purposes of

 

 

09800HB0001ham001- 106 -LRB098 02716 RLC 41653 a

1federal and State income taxation, there shall be allowed a
2credit under this subsection to be determined in accordance
3with the determination of income and distributive share of
4income under Sections 702 and 704 and subchapter S of the
5Internal Revenue Code.
6    For purposes of this subsection, "qualifying expenditures"
7means the qualifying expenditures as defined for the federal
8credit for increasing research activities which would be
9allowable under Section 41 of the Internal Revenue Code and
10which are conducted in this State, "qualifying expenditures for
11increasing research activities in this State" means the excess
12of qualifying expenditures for the taxable year in which
13incurred over qualifying expenditures for the base period,
14"qualifying expenditures for the base period" means the average
15of the qualifying expenditures for each year in the base
16period, and "base period" means the 3 taxable years immediately
17preceding the taxable year for which the determination is being
18made.
19    Any credit in excess of the tax liability for the taxable
20year may be carried forward. A taxpayer may elect to have the
21unused credit shown on its final completed return carried over
22as a credit against the tax liability for the following 5
23taxable years or until it has been fully used, whichever occurs
24first; provided that no credit earned in a tax year ending
25prior to December 31, 2003 may be carried forward to any year
26ending on or after December 31, 2003.

 

 

09800HB0001ham001- 107 -LRB098 02716 RLC 41653 a

1    If an unused credit is carried forward to a given year from
22 or more earlier years, that credit arising in the earliest
3year will be applied first against the tax liability for the
4given year. If a tax liability for the given year still
5remains, the credit from the next earliest year will then be
6applied, and so on, until all credits have been used or no tax
7liability for the given year remains. Any remaining unused
8credit or credits then will be carried forward to the next
9following year in which a tax liability is incurred, except
10that no credit can be carried forward to a year which is more
11than 5 years after the year in which the expense for which the
12credit is given was incurred.
13    No inference shall be drawn from this amendatory Act of the
1491st General Assembly in construing this Section for taxable
15years beginning before January 1, 1999.
16    (l) Environmental Remediation Tax Credit.
17        (i) For tax years ending after December 31, 1997 and on
18    or before December 31, 2001, a taxpayer shall be allowed a
19    credit against the tax imposed by subsections (a) and (b)
20    of this Section for certain amounts paid for unreimbursed
21    eligible remediation costs, as specified in this
22    subsection. For purposes of this Section, "unreimbursed
23    eligible remediation costs" means costs approved by the
24    Illinois Environmental Protection Agency ("Agency") under
25    Section 58.14 of the Environmental Protection Act that were
26    paid in performing environmental remediation at a site for

 

 

09800HB0001ham001- 108 -LRB098 02716 RLC 41653 a

1    which a No Further Remediation Letter was issued by the
2    Agency and recorded under Section 58.10 of the
3    Environmental Protection Act. The credit must be claimed
4    for the taxable year in which Agency approval of the
5    eligible remediation costs is granted. The credit is not
6    available to any taxpayer if the taxpayer or any related
7    party caused or contributed to, in any material respect, a
8    release of regulated substances on, in, or under the site
9    that was identified and addressed by the remedial action
10    pursuant to the Site Remediation Program of the
11    Environmental Protection Act. After the Pollution Control
12    Board rules are adopted pursuant to the Illinois
13    Administrative Procedure Act for the administration and
14    enforcement of Section 58.9 of the Environmental
15    Protection Act, determinations as to credit availability
16    for purposes of this Section shall be made consistent with
17    those rules. For purposes of this Section, "taxpayer"
18    includes a person whose tax attributes the taxpayer has
19    succeeded to under Section 381 of the Internal Revenue Code
20    and "related party" includes the persons disallowed a
21    deduction for losses by paragraphs (b), (c), and (f)(1) of
22    Section 267 of the Internal Revenue Code by virtue of being
23    a related taxpayer, as well as any of its partners. The
24    credit allowed against the tax imposed by subsections (a)
25    and (b) shall be equal to 25% of the unreimbursed eligible
26    remediation costs in excess of $100,000 per site, except

 

 

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1    that the $100,000 threshold shall not apply to any site
2    contained in an enterprise zone as determined by the
3    Department of Commerce and Community Affairs (now
4    Department of Commerce and Economic Opportunity). The
5    total credit allowed shall not exceed $40,000 per year with
6    a maximum total of $150,000 per site. For partners and
7    shareholders of subchapter S corporations, there shall be
8    allowed a credit under this subsection to be determined in
9    accordance with the determination of income and
10    distributive share of income under Sections 702 and 704 and
11    subchapter S of the Internal Revenue Code.
12        (ii) A credit allowed under this subsection that is
13    unused in the year the credit is earned may be carried
14    forward to each of the 5 taxable years following the year
15    for which the credit is first earned until it is used. The
16    term "unused credit" does not include any amounts of
17    unreimbursed eligible remediation costs in excess of the
18    maximum credit per site authorized under paragraph (i).
19    This credit shall be applied first to the earliest year for
20    which there is a liability. If there is a credit under this
21    subsection from more than one tax year that is available to
22    offset a liability, the earliest credit arising under this
23    subsection shall be applied first. A credit allowed under
24    this subsection may be sold to a buyer as part of a sale of
25    all or part of the remediation site for which the credit
26    was granted. The purchaser of a remediation site and the

 

 

09800HB0001ham001- 110 -LRB098 02716 RLC 41653 a

1    tax credit shall succeed to the unused credit and remaining
2    carry-forward period of the seller. To perfect the
3    transfer, the assignor shall record the transfer in the
4    chain of title for the site and provide written notice to
5    the Director of the Illinois Department of Revenue of the
6    assignor's intent to sell the remediation site and the
7    amount of the tax credit to be transferred as a portion of
8    the sale. In no event may a credit be transferred to any
9    taxpayer if the taxpayer or a related party would not be
10    eligible under the provisions of subsection (i).
11        (iii) For purposes of this Section, the term "site"
12    shall have the same meaning as under Section 58.2 of the
13    Environmental Protection Act.
14    (m) Education expense credit. Beginning with tax years
15ending after December 31, 1999, a taxpayer who is the custodian
16of one or more qualifying pupils shall be allowed a credit
17against the tax imposed by subsections (a) and (b) of this
18Section for qualified education expenses incurred on behalf of
19the qualifying pupils. The credit shall be equal to 25% of
20qualified education expenses, but in no event may the total
21credit under this subsection claimed by a family that is the
22custodian of qualifying pupils exceed $500. In no event shall a
23credit under this subsection reduce the taxpayer's liability
24under this Act to less than zero. This subsection is exempt
25from the provisions of Section 250 of this Act.
26    For purposes of this subsection:

 

 

09800HB0001ham001- 111 -LRB098 02716 RLC 41653 a

1    "Qualifying pupils" means individuals who (i) are
2residents of the State of Illinois, (ii) are under the age of
321 at the close of the school year for which a credit is
4sought, and (iii) during the school year for which a credit is
5sought were full-time pupils enrolled in a kindergarten through
6twelfth grade education program at any school, as defined in
7this subsection.
8    "Qualified education expense" means the amount incurred on
9behalf of a qualifying pupil in excess of $250 for tuition,
10book fees, and lab fees at the school in which the pupil is
11enrolled during the regular school year.
12    "School" means any public or nonpublic elementary or
13secondary school in Illinois that is in compliance with Title
14VI of the Civil Rights Act of 1964 and attendance at which
15satisfies the requirements of Section 26-1 of the School Code,
16except that nothing shall be construed to require a child to
17attend any particular public or nonpublic school to qualify for
18the credit under this Section.
19    "Custodian" means, with respect to qualifying pupils, an
20Illinois resident who is a parent, the parents, a legal
21guardian, or the legal guardians of the qualifying pupils.
22    (n) River Edge Redevelopment Zone site remediation tax
23credit.
24        (i) For tax years ending on or after December 31, 2006,
25    a taxpayer shall be allowed a credit against the tax
26    imposed by subsections (a) and (b) of this Section for

 

 

09800HB0001ham001- 112 -LRB098 02716 RLC 41653 a

1    certain amounts paid for unreimbursed eligible remediation
2    costs, as specified in this subsection. For purposes of
3    this Section, "unreimbursed eligible remediation costs"
4    means costs approved by the Illinois Environmental
5    Protection Agency ("Agency") under Section 58.14a of the
6    Environmental Protection Act that were paid in performing
7    environmental remediation at a site within a River Edge
8    Redevelopment Zone for which a No Further Remediation
9    Letter was issued by the Agency and recorded under Section
10    58.10 of the Environmental Protection Act. The credit must
11    be claimed for the taxable year in which Agency approval of
12    the eligible remediation costs is granted. The credit is
13    not available to any taxpayer if the taxpayer or any
14    related party caused or contributed to, in any material
15    respect, a release of regulated substances on, in, or under
16    the site that was identified and addressed by the remedial
17    action pursuant to the Site Remediation Program of the
18    Environmental Protection Act. Determinations as to credit
19    availability for purposes of this Section shall be made
20    consistent with rules adopted by the Pollution Control
21    Board pursuant to the Illinois Administrative Procedure
22    Act for the administration and enforcement of Section 58.9
23    of the Environmental Protection Act. For purposes of this
24    Section, "taxpayer" includes a person whose tax attributes
25    the taxpayer has succeeded to under Section 381 of the
26    Internal Revenue Code and "related party" includes the

 

 

09800HB0001ham001- 113 -LRB098 02716 RLC 41653 a

1    persons disallowed a deduction for losses by paragraphs
2    (b), (c), and (f)(1) of Section 267 of the Internal Revenue
3    Code by virtue of being a related taxpayer, as well as any
4    of its partners. The credit allowed against the tax imposed
5    by subsections (a) and (b) shall be equal to 25% of the
6    unreimbursed eligible remediation costs in excess of
7    $100,000 per site.
8        (ii) A credit allowed under this subsection that is
9    unused in the year the credit is earned may be carried
10    forward to each of the 5 taxable years following the year
11    for which the credit is first earned until it is used. This
12    credit shall be applied first to the earliest year for
13    which there is a liability. If there is a credit under this
14    subsection from more than one tax year that is available to
15    offset a liability, the earliest credit arising under this
16    subsection shall be applied first. A credit allowed under
17    this subsection may be sold to a buyer as part of a sale of
18    all or part of the remediation site for which the credit
19    was granted. The purchaser of a remediation site and the
20    tax credit shall succeed to the unused credit and remaining
21    carry-forward period of the seller. To perfect the
22    transfer, the assignor shall record the transfer in the
23    chain of title for the site and provide written notice to
24    the Director of the Illinois Department of Revenue of the
25    assignor's intent to sell the remediation site and the
26    amount of the tax credit to be transferred as a portion of

 

 

09800HB0001ham001- 114 -LRB098 02716 RLC 41653 a

1    the sale. In no event may a credit be transferred to any
2    taxpayer if the taxpayer or a related party would not be
3    eligible under the provisions of subsection (i).
4        (iii) For purposes of this Section, the term "site"
5    shall have the same meaning as under Section 58.2 of the
6    Environmental Protection Act.
7    (o) For each of taxable years during the Compassionate Use
8of Medical Cannabis Pilot Program, a surcharge is imposed on
9all taxpayers on income arising from the sale or exchange of
10capital assets, depreciable business property, real property
11used in the trade or business, and Section 197 intangibles of
12an organization registrant under the Compassionate Use of
13Medical Cannabis Pilot Program Act. The amount of the surcharge
14is equal to the amount of federal income tax liability for the
15taxable year attributable to those sales and exchanges. The
16surcharge imposed does not apply if:
17        (1) the medical cannabis cultivation center
18    registration, medical cannabis dispensary registration, or
19    the property of a registration is transferred as a result
20    of any of the following:
21            (A) bankruptcy, a receivership, or a debt
22        adjustment initiated by or against the initial
23        registration or the substantial owners of the initial
24        registration;
25            (B) cancellation, revocation, or termination of
26        any registration by the Illinois Department of Public

 

 

09800HB0001ham001- 115 -LRB098 02716 RLC 41653 a

1        Health;
2            (C) a determination by the Illinois Department of
3        Public Health that transfer of the registration is in
4        the best interests of Illinois qualifying patients as
5        defined by the Compassionate Use of Medical Cannabis
6        Pilot Program Act;
7            (D) the death of an owner of the equity interest in
8        a registrant;
9            (E) the acquisition of a controlling interest in
10        the stock or substantially all of the assets of a
11        publicly traded company;
12            (F) a transfer by a parent company to a wholly
13        owned subsidiary; or
14            (G) the transfer or sale to or by one person to
15        another person where both persons were initial owners
16        of the registration when the registration was issued;
17        or
18        (2) the cannabis cultivation center registration,
19    medical cannabis dispensary registration, or the
20    controlling interest in a registrant's property is
21    transferred in a transaction to lineal descendants in which
22    no gain or loss is recognized or as a result of a
23    transaction in accordance with Section 351 of the Internal
24    Revenue Code in which no gain or loss is recognized.
25(Source: P.A. 96-115, eff. 7-31-09; 96-116, eff. 7-31-09;
2696-937, eff. 6-23-10; 96-1000, eff. 7-2-10; 96-1496, eff.

 

 

09800HB0001ham001- 116 -LRB098 02716 RLC 41653 a

11-13-11; 97-2, eff. 5-6-11; 97-636, eff. 6-1-12; 97-905, eff.
28-7-12.)
 
3    Section 915. The Use Tax Act is amended by changing Section
43-10 as follows:
 
5    (35 ILCS 105/3-10)
6    Sec. 3-10. Rate of tax. Unless otherwise provided in this
7Section, the tax imposed by this Act is at the rate of 6.25% of
8either the selling price or the fair market value, if any, of
9the tangible personal property. In all cases where property
10functionally used or consumed is the same as the property that
11was purchased at retail, then the tax is imposed on the selling
12price of the property. In all cases where property functionally
13used or consumed is a by-product or waste product that has been
14refined, manufactured, or produced from property purchased at
15retail, then the tax is imposed on the lower of the fair market
16value, if any, of the specific property so used in this State
17or on the selling price of the property purchased at retail.
18For purposes of this Section "fair market value" means the
19price at which property would change hands between a willing
20buyer and a willing seller, neither being under any compulsion
21to buy or sell and both having reasonable knowledge of the
22relevant facts. The fair market value shall be established by
23Illinois sales by the taxpayer of the same property as that
24functionally used or consumed, or if there are no such sales by

 

 

09800HB0001ham001- 117 -LRB098 02716 RLC 41653 a

1the taxpayer, then comparable sales or purchases of property of
2like kind and character in Illinois.
3    Beginning on July 1, 2000 and through December 31, 2000,
4with respect to motor fuel, as defined in Section 1.1 of the
5Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
6the Use Tax Act, the tax is imposed at the rate of 1.25%.
7    Beginning on August 6, 2010 through August 15, 2010, with
8respect to sales tax holiday items as defined in Section 3-6 of
9this Act, the tax is imposed at the rate of 1.25%.
10    With respect to gasohol, the tax imposed by this Act
11applies to (i) 70% of the proceeds of sales made on or after
12January 1, 1990, and before July 1, 2003, (ii) 80% of the
13proceeds of sales made on or after July 1, 2003 and on or
14before December 31, 2018, and (iii) 100% of the proceeds of
15sales made thereafter. If, at any time, however, the tax under
16this Act on sales of gasohol is imposed at the rate of 1.25%,
17then the tax imposed by this Act applies to 100% of the
18proceeds of sales of gasohol made during that time.
19    With respect to majority blended ethanol fuel, the tax
20imposed by this Act does not apply to the proceeds of sales
21made on or after July 1, 2003 and on or before December 31,
222018 but applies to 100% of the proceeds of sales made
23thereafter.
24    With respect to biodiesel blends with no less than 1% and
25no more than 10% biodiesel, the tax imposed by this Act applies
26to (i) 80% of the proceeds of sales made on or after July 1,

 

 

09800HB0001ham001- 118 -LRB098 02716 RLC 41653 a

12003 and on or before December 31, 2018 and (ii) 100% of the
2proceeds of sales made thereafter. If, at any time, however,
3the tax under this Act on sales of biodiesel blends with no
4less than 1% and no more than 10% biodiesel is imposed at the
5rate of 1.25%, then the tax imposed by this Act applies to 100%
6of the proceeds of sales of biodiesel blends with no less than
71% and no more than 10% biodiesel made during that time.
8    With respect to 100% biodiesel and biodiesel blends with
9more than 10% but no more than 99% biodiesel, the tax imposed
10by this Act does not apply to the proceeds of sales made on or
11after July 1, 2003 and on or before December 31, 2018 but
12applies to 100% of the proceeds of sales made thereafter.
13    With respect to food for human consumption that is to be
14consumed off the premises where it is sold (other than
15alcoholic beverages, soft drinks, and food that has been
16prepared for immediate consumption) and prescription and
17nonprescription medicines, drugs, medical appliances,
18modifications to a motor vehicle for the purpose of rendering
19it usable by a disabled person, and insulin, urine testing
20materials, syringes, and needles used by diabetics, for human
21use, the tax is imposed at the rate of 1%. For the purposes of
22this Section, until September 1, 2009: the term "soft drinks"
23means any complete, finished, ready-to-use, non-alcoholic
24drink, whether carbonated or not, including but not limited to
25soda water, cola, fruit juice, vegetable juice, carbonated
26water, and all other preparations commonly known as soft drinks

 

 

09800HB0001ham001- 119 -LRB098 02716 RLC 41653 a

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

 

 

09800HB0001ham001- 120 -LRB098 02716 RLC 41653 a

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

 

 

09800HB0001ham001- 121 -LRB098 02716 RLC 41653 a

1the 98th General Assembly, "prescription and nonprescription
2medicines and drugs" includes medical cannabis purchased from a
3registered dispensing organization under the Compassionate Use
4of Medical Cannabis Pilot Program Act.
5    If the property that is purchased at retail from a retailer
6is acquired outside Illinois and used outside Illinois before
7being brought to Illinois for use here and is taxable under
8this Act, the "selling price" on which the tax is computed
9shall be reduced by an amount that represents a reasonable
10allowance for depreciation for the period of prior out-of-state
11use.
12(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
13eff. 7-13-09; 96-1000, eff. 7-2-10; 96-1012, eff. 7-7-10;
1497-636, eff. 6-1-12.)
 
15    Section 920. The Service Use Tax Act is amended by changing
16Section 3-10 as follows:
 
17    (35 ILCS 110/3-10)  (from Ch. 120, par. 439.33-10)
18    Sec. 3-10. Rate of tax. Unless otherwise provided in this
19Section, the tax imposed by this Act is at the rate of 6.25% of
20the selling price of tangible personal property transferred as
21an incident to the sale of service, but, for the purpose of
22computing this tax, in no event shall the selling price be less
23than the cost price of the property to the serviceman.
24    Beginning on July 1, 2000 and through December 31, 2000,

 

 

09800HB0001ham001- 122 -LRB098 02716 RLC 41653 a

1with respect to motor fuel, as defined in Section 1.1 of the
2Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
3the Use Tax Act, the tax is imposed at the rate of 1.25%.
4    With respect to gasohol, as defined in the Use Tax Act, the
5tax imposed by this Act applies to (i) 70% of the selling price
6of property transferred as an incident to the sale of service
7on or after January 1, 1990, and before July 1, 2003, (ii) 80%
8of the selling price of property transferred as an incident to
9the sale of service on or after July 1, 2003 and on or before
10December 31, 2018, and (iii) 100% of the selling price
11thereafter. If, at any time, however, the tax under this Act on
12sales of gasohol, as defined in the Use Tax Act, is imposed at
13the rate of 1.25%, then the tax imposed by this Act applies to
14100% of the proceeds of sales of gasohol made during that time.
15    With respect to majority blended ethanol fuel, as defined
16in the Use Tax Act, the tax imposed by this Act does not apply
17to the selling price of property transferred as an incident to
18the sale of service on or after July 1, 2003 and on or before
19December 31, 2018 but applies to 100% of the selling price
20thereafter.
21    With respect to biodiesel blends, as defined in the Use Tax
22Act, with no less than 1% and no more than 10% biodiesel, the
23tax imposed by this Act applies to (i) 80% of the selling price
24of property transferred as an incident to the sale of service
25on or after July 1, 2003 and on or before December 31, 2018 and
26(ii) 100% of the proceeds of the selling price thereafter. If,

 

 

09800HB0001ham001- 123 -LRB098 02716 RLC 41653 a

1at any time, however, the tax under this Act on sales of
2biodiesel blends, as defined in the Use Tax Act, with no less
3than 1% and no more than 10% biodiesel is imposed at the rate
4of 1.25%, then the tax imposed by this Act applies to 100% of
5the proceeds of sales of biodiesel blends with no less than 1%
6and no more than 10% biodiesel made during that time.
7    With respect to 100% biodiesel, as defined in the Use Tax
8Act, and biodiesel blends, as defined in the Use Tax Act, with
9more than 10% but no more than 99% biodiesel, the tax imposed
10by this Act does not apply to the proceeds of the selling price
11of property transferred as an incident to the sale of service
12on or after July 1, 2003 and on or before December 31, 2018 but
13applies to 100% of the selling price thereafter.
14    At the election of any registered serviceman made for each
15fiscal year, sales of service in which the aggregate annual
16cost price of tangible personal property transferred as an
17incident to the sales of service is less than 35%, or 75% in
18the case of servicemen transferring prescription drugs or
19servicemen engaged in graphic arts production, of the aggregate
20annual total gross receipts from all sales of service, the tax
21imposed by this Act shall be based on the serviceman's cost
22price of the tangible personal property transferred as an
23incident to the sale of those services.
24    The tax shall be imposed at the rate of 1% on food prepared
25for immediate consumption and transferred incident to a sale of
26service subject to this Act or the Service Occupation Tax Act

 

 

09800HB0001ham001- 124 -LRB098 02716 RLC 41653 a

1by an entity licensed under the Hospital Licensing Act, the
2Nursing Home Care Act, the ID/DD Community Care Act, the
3Specialized Mental Health Rehabilitation Act, or the Child Care
4Act of 1969. The tax shall also be imposed at the rate of 1% on
5food for human consumption that is to be consumed off the
6premises where it is sold (other than alcoholic beverages, soft
7drinks, and food that has been prepared for immediate
8consumption and is not otherwise included in this paragraph)
9and prescription and nonprescription medicines, drugs, medical
10appliances, modifications to a motor vehicle for the purpose of
11rendering it usable by a disabled person, and insulin, urine
12testing materials, syringes, and needles used by diabetics, for
13human use. For the purposes of this Section, until September 1,
142009: the term "soft drinks" means any complete, finished,
15ready-to-use, non-alcoholic drink, whether carbonated or not,
16including but not limited to soda water, cola, fruit juice,
17vegetable juice, carbonated water, and all other preparations
18commonly known as soft drinks of whatever kind or description
19that are contained in any closed or sealed bottle, can, carton,
20or container, regardless of size; but "soft drinks" does not
21include coffee, tea, non-carbonated water, infant formula,
22milk or milk products as defined in the Grade A Pasteurized
23Milk and Milk Products Act, or drinks containing 50% or more
24natural fruit or vegetable juice.
25    Notwithstanding any other provisions of this Act,
26beginning September 1, 2009, "soft drinks" means non-alcoholic

 

 

09800HB0001ham001- 125 -LRB098 02716 RLC 41653 a

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

 

 

09800HB0001ham001- 126 -LRB098 02716 RLC 41653 a

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

 

 

09800HB0001ham001- 127 -LRB098 02716 RLC 41653 a

1allowance for depreciation for the period of prior out-of-state
2use.
3(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
4eff. 7-13-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10; 97-38,
5eff. 6-28-11; 97-227, eff. 1-1-12; 97-636, eff. 6-1-12.)
 
6    Section 925. The Service Occupation Tax Act is amended by
7changing Section 3-10 as follows:
 
8    (35 ILCS 115/3-10)  (from Ch. 120, par. 439.103-10)
9    Sec. 3-10. Rate of tax. Unless otherwise provided in this
10Section, the tax imposed by this Act is at the rate of 6.25% of
11the "selling price", as defined in Section 2 of the Service Use
12Tax Act, of the tangible personal property. For the purpose of
13computing this tax, in no event shall the "selling price" be
14less than the cost price to the serviceman of the tangible
15personal property transferred. The selling price of each item
16of tangible personal property transferred as an incident of a
17sale of service may be shown as a distinct and separate item on
18the serviceman's billing to the service customer. If the
19selling price is not so shown, the selling price of the
20tangible personal property is deemed to be 50% of the
21serviceman's entire billing to the service customer. When,
22however, a serviceman contracts to design, develop, and produce
23special order machinery or equipment, the tax imposed by this
24Act shall be based on the serviceman's cost price of the

 

 

09800HB0001ham001- 128 -LRB098 02716 RLC 41653 a

1tangible personal property transferred incident to the
2completion of the contract.
3    Beginning on July 1, 2000 and through December 31, 2000,
4with respect to motor fuel, as defined in Section 1.1 of the
5Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
6the Use Tax Act, the tax is imposed at the rate of 1.25%.
7    With respect to gasohol, as defined in the Use Tax Act, the
8tax imposed by this Act shall apply to (i) 70% of the cost
9price of property transferred as an incident to the sale of
10service on or after January 1, 1990, and before July 1, 2003,
11(ii) 80% of the selling price of property transferred as an
12incident to the sale of service on or after July 1, 2003 and on
13or before December 31, 2018, and (iii) 100% of the cost price
14thereafter. If, at any time, however, the tax under this Act on
15sales of gasohol, as defined in the Use Tax Act, is imposed at
16the rate of 1.25%, then the tax imposed by this Act applies to
17100% of the proceeds of sales of gasohol made during that time.
18    With respect to majority blended ethanol fuel, as defined
19in the Use Tax Act, the tax imposed by this Act does not apply
20to the selling price of property transferred as an incident to
21the sale of service on or after July 1, 2003 and on or before
22December 31, 2018 but applies to 100% of the selling price
23thereafter.
24    With respect to biodiesel blends, as defined in the Use Tax
25Act, with no less than 1% and no more than 10% biodiesel, the
26tax imposed by this Act applies to (i) 80% of the selling price

 

 

09800HB0001ham001- 129 -LRB098 02716 RLC 41653 a

1of property transferred as an incident to the sale of service
2on or after July 1, 2003 and on or before December 31, 2018 and
3(ii) 100% of the proceeds of the selling price thereafter. If,
4at any time, however, the tax under this Act on sales of
5biodiesel blends, as defined in the Use Tax Act, with no less
6than 1% and no more than 10% biodiesel is imposed at the rate
7of 1.25%, then the tax imposed by this Act applies to 100% of
8the proceeds of sales of biodiesel blends with no less than 1%
9and no more than 10% biodiesel made during that time.
10    With respect to 100% biodiesel, as defined in the Use Tax
11Act, and biodiesel blends, as defined in the Use Tax Act, with
12more than 10% but no more than 99% biodiesel material, the tax
13imposed by this Act does not apply to the proceeds of the
14selling price of property transferred as an incident to the
15sale of service on or after July 1, 2003 and on or before
16December 31, 2018 but applies to 100% of the selling price
17thereafter.
18    At the election of any registered serviceman made for each
19fiscal year, sales of service in which the aggregate annual
20cost price of tangible personal property transferred as an
21incident to the sales of service is less than 35%, or 75% in
22the case of servicemen transferring prescription drugs or
23servicemen engaged in graphic arts production, of the aggregate
24annual total gross receipts from all sales of service, the tax
25imposed by this Act shall be based on the serviceman's cost
26price of the tangible personal property transferred incident to

 

 

09800HB0001ham001- 130 -LRB098 02716 RLC 41653 a

1the sale of those services.
2    The tax shall be imposed at the rate of 1% on food prepared
3for immediate consumption and transferred incident to a sale of
4service subject to this Act or the Service Occupation Tax Act
5by an entity licensed under the Hospital Licensing Act, the
6Nursing Home Care Act, the ID/DD Community Care Act, the
7Specialized Mental Health Rehabilitation Act, or the Child Care
8Act of 1969. The tax shall also be imposed at the rate of 1% on
9food for human consumption that is to be consumed off the
10premises where it is sold (other than alcoholic beverages, soft
11drinks, and food that has been prepared for immediate
12consumption and is not otherwise included in this paragraph)
13and prescription and nonprescription medicines, drugs, medical
14appliances, modifications to a motor vehicle for the purpose of
15rendering it usable by a disabled person, and insulin, urine
16testing materials, syringes, and needles used by diabetics, for
17human use. For the purposes of this Section, until September 1,
182009: the term "soft drinks" means any complete, finished,
19ready-to-use, non-alcoholic drink, whether carbonated or not,
20including but not limited to soda water, cola, fruit juice,
21vegetable juice, carbonated water, and all other preparations
22commonly known as soft drinks of whatever kind or description
23that are contained in any closed or sealed can, carton, or
24container, regardless of size; but "soft drinks" does not
25include coffee, tea, non-carbonated water, infant formula,
26milk or milk products as defined in the Grade A Pasteurized

 

 

09800HB0001ham001- 131 -LRB098 02716 RLC 41653 a

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

 

 

09800HB0001ham001- 132 -LRB098 02716 RLC 41653 a

1ingredients or flavorings in the form of bars, drops, or
2pieces. "Candy" does not include any preparation that contains
3flour or requires refrigeration.
4    Notwithstanding any other provisions of this Act,
5beginning September 1, 2009, "nonprescription medicines and
6drugs" does not include grooming and hygiene products. For
7purposes of this Section, "grooming and hygiene products"
8includes, but is not limited to, soaps and cleaning solutions,
9shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
10lotions and screens, unless those products are available by
11prescription only, regardless of whether the products meet the
12definition of "over-the-counter-drugs". For the purposes of
13this paragraph, "over-the-counter-drug" means a drug for human
14use that contains a label that identifies the product as a drug
15as required by 21 C.F.R. 201.66. The "over-the-counter-drug"
16label includes:
17        (A) A "Drug Facts" panel; or
18        (B) A statement of the "active ingredient(s)" with a
19    list of those ingredients contained in the compound,
20    substance or preparation.
21    Beginning on the effective date of this amendatory Act of
22the 98th General Assembly, "prescription and nonprescription
23medicines and drugs" includes medical cannabis purchased from a
24registered dispensing organization under the Compassionate Use
25of Medical Cannabis Pilot Program Act.
26(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,

 

 

09800HB0001ham001- 133 -LRB098 02716 RLC 41653 a

1eff. 7-13-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10; 97-38,
2eff. 6-28-11; 97-227, eff. 1-1-12; 97-636, eff. 6-1-12.)
 
3    Section 930. The Retailers' Occupation Tax Act is amended
4by changing Section 2-10 as follows:
 
5    (35 ILCS 120/2-10)
6    Sec. 2-10. Rate of tax. Unless otherwise provided in this
7Section, the tax imposed by this Act is at the rate of 6.25% of
8gross receipts from sales of tangible personal property made in
9the course of business.
10    Beginning on July 1, 2000 and through December 31, 2000,
11with respect to motor fuel, as defined in Section 1.1 of the
12Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
13the Use Tax Act, the tax is imposed at the rate of 1.25%.
14    Beginning on August 6, 2010 through August 15, 2010, with
15respect to sales tax holiday items as defined in Section 2-8 of
16this Act, the tax is imposed at the rate of 1.25%.
17    Within 14 days after the effective date of this amendatory
18Act of the 91st General Assembly, each retailer of motor fuel
19and gasohol shall cause the following notice to be posted in a
20prominently visible place on each retail dispensing device that
21is used to dispense motor fuel or gasohol in the State of
22Illinois: "As of July 1, 2000, the State of Illinois has
23eliminated the State's share of sales tax on motor fuel and
24gasohol through December 31, 2000. The price on this pump

 

 

09800HB0001ham001- 134 -LRB098 02716 RLC 41653 a

1should reflect the elimination of the tax." The notice shall be
2printed in bold print on a sign that is no smaller than 4
3inches by 8 inches. The sign shall be clearly visible to
4customers. Any retailer who fails to post or maintain a
5required sign through December 31, 2000 is guilty of a petty
6offense for which the fine shall be $500 per day per each
7retail premises where a violation occurs.
8    With respect to gasohol, as defined in the Use Tax Act, the
9tax imposed by this Act applies to (i) 70% of the proceeds of
10sales made on or after January 1, 1990, and before July 1,
112003, (ii) 80% of the proceeds of sales made on or after July
121, 2003 and on or before December 31, 2018, and (iii) 100% of
13the proceeds of sales made thereafter. If, at any time,
14however, the tax under this Act on sales of gasohol, as defined
15in the Use Tax Act, is imposed at the rate of 1.25%, then the
16tax imposed by this Act applies to 100% of the proceeds of
17sales of gasohol made during that time.
18    With respect to majority blended ethanol fuel, as defined
19in the Use Tax Act, the tax imposed by this Act does not apply
20to the proceeds of sales made on or after July 1, 2003 and on or
21before December 31, 2018 but applies to 100% of the proceeds of
22sales made thereafter.
23    With respect to biodiesel blends, as defined in the Use Tax
24Act, with no less than 1% and no more than 10% biodiesel, the
25tax imposed by this Act applies to (i) 80% of the proceeds of
26sales made on or after July 1, 2003 and on or before December

 

 

09800HB0001ham001- 135 -LRB098 02716 RLC 41653 a

131, 2018 and (ii) 100% of the proceeds of sales made
2thereafter. If, at any time, however, the tax under this Act on
3sales of biodiesel blends, as defined in the Use Tax Act, with
4no less than 1% and no more than 10% biodiesel is imposed at
5the rate of 1.25%, then the tax imposed by this Act applies to
6100% of the proceeds of sales of biodiesel blends with no less
7than 1% and 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, the tax imposed
11by this Act does not apply to the proceeds of sales made on or
12after July 1, 2003 and on or before December 31, 2018 but
13applies to 100% of the proceeds of sales made thereafter.
14    With respect to food for human consumption that is to be
15consumed off the premises where it is sold (other than
16alcoholic beverages, soft drinks, and food that has been
17prepared for immediate consumption) and prescription and
18nonprescription medicines, drugs, medical appliances,
19modifications to a motor vehicle for the purpose of rendering
20it usable by a disabled person, and insulin, urine testing
21materials, syringes, and needles used by diabetics, for human
22use, the tax is imposed at the rate of 1%. For the purposes of
23this Section, until September 1, 2009: the term "soft drinks"
24means any complete, finished, ready-to-use, non-alcoholic
25drink, whether carbonated or not, including but not limited to
26soda water, cola, fruit juice, vegetable juice, carbonated

 

 

09800HB0001ham001- 136 -LRB098 02716 RLC 41653 a

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

 

 

09800HB0001ham001- 137 -LRB098 02716 RLC 41653 a

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

 

 

09800HB0001ham001- 138 -LRB098 02716 RLC 41653 a

1    Beginning on the effective date of this amendatory Act of
2the 98th General Assembly, "prescription and nonprescription
3medicines and drugs" includes medical cannabis purchased from a
4registered dispensing organization under the Compassionate Use
5of Medical Cannabis Pilot Program Act.
6(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
7eff. 7-13-09; 96-1000, eff. 7-2-10; 96-1012, eff. 7-7-10;
897-636, eff. 6-1-12.)
 
9    Section 935. The Illinois Vehicle Code is amended by
10changing Sections 2-118.1, 6-206, 6-206.1, 6-208.1, 6-514,
1111-501, 11-501.1, and 11-501.2 and by adding Section 11-502.1
12as follows:
 
13    (625 ILCS 5/2-118.1)  (from Ch. 95 1/2, par. 2-118.1)
14    Sec. 2-118.1. Opportunity for hearing; statutory summary
15alcohol or other drug related suspension or revocation pursuant
16to Section 11-501.1.
17    (a) A statutory summary suspension or revocation of driving
18privileges under Section 11-501.1 shall not become effective
19until the person is notified in writing of the impending
20suspension or revocation and informed that he may request a
21hearing in the circuit court of venue under paragraph (b) of
22this Section and the statutory summary suspension or revocation
23shall become effective as provided in Section 11-501.1.
24    (b) Within 90 days after the notice of statutory summary

 

 

09800HB0001ham001- 139 -LRB098 02716 RLC 41653 a

1suspension or revocation served under Section 11-501.1, the
2person may make a written request for a judicial hearing in the
3circuit court of venue. The request to the circuit court shall
4state the grounds upon which the person seeks to have the
5statutory summary suspension or revocation rescinded. Within
630 days after receipt of the written request or the first
7appearance date on the Uniform Traffic Ticket issued pursuant
8to a violation of Section 11-501, or a similar provision of a
9local ordinance, the hearing shall be conducted by the circuit
10court having jurisdiction. This judicial hearing, request, or
11process shall not stay or delay the statutory summary
12suspension or revocation. The hearings shall proceed in the
13court in the same manner as in other civil proceedings.
14    The hearing may be conducted upon a review of the law
15enforcement officer's own official reports; provided however,
16that the person may subpoena the officer. Failure of the
17officer to answer the subpoena shall be considered grounds for
18a continuance if in the court's discretion the continuance is
19appropriate.
20    The scope of the hearing shall be limited to the issues of:
21        1. Whether the person was placed under arrest for an
22    offense as defined in Section 11-501, or a similar
23    provision of a local ordinance, as evidenced by the
24    issuance of a Uniform Traffic Ticket, or issued a Uniform
25    Traffic Ticket out of state as provided in subsection (a)
26    or (a-5) of Section 11-501.1; and

 

 

09800HB0001ham001- 140 -LRB098 02716 RLC 41653 a

1        2. Whether the officer had reasonable grounds to
2    believe that the person was driving or in actual physical
3    control of a motor vehicle upon a highway while under the
4    influence of alcohol, other drug, or combination of both;
5    and
6        3. Whether the person, after being advised by the
7    officer that the privilege to operate a motor vehicle would
8    be suspended or revoked if the person refused to submit to
9    and complete the test or tests, did refuse to submit to or
10    complete the test or tests authorized under Section
11    11-501.1 to determine the person's alcohol or drug
12    concentration; or
13        4. Whether the person, after being advised by the
14    officer that the privilege to operate a motor vehicle would
15    be suspended if the person submits to a chemical test, or
16    tests, and the test discloses an alcohol concentration of
17    0.08 or more, or any amount of a drug, substance, or
18    compound in the person's blood or urine resulting from the
19    unlawful use or consumption of cannabis listed in the
20    Cannabis Control Act, a controlled substance listed in the
21    Illinois Controlled Substances Act, an intoxicating
22    compound as listed in the Use of Intoxicating Compounds
23    Act, or methamphetamine as listed in the Methamphetamine
24    Control and Community Protection Act, and the person did
25    submit to and complete the test or tests that determined an
26    alcohol concentration of 0.08 or more.

 

 

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1        4.2. If the person is a qualifying patient licensed
2    under the Compassionate Use of Medical Cannabis Pilot
3    Program Act who is in possession of a valid registry card
4    issued under that Act, after being advised by the officer
5    that the privilege to operate a motor vehicle would be
6    suspended or revoked if the person refused to submit to and
7    complete the test or tests, did refuse to submit to or
8    complete the test or tests authorized under Section
9    11-501.1.
10        4.5. If the person is a qualifying patient licensed
11    under the Compassionate Use of Medical Cannabis Pilot
12    Program Act who is in possession of a valid registry card
13    issued under that Act, whether that person, after being
14    advised by the officer that the privilege to operate a
15    motor vehicle would be suspended if the person submits to a
16    standardized field sobriety test, or tests, and the test
17    indicates impairment resulting from the consumption of
18    cannabis, did submit to and complete the test or tests that
19    indicated impairment.
20        5. If the person's driving privileges were revoked,
21    whether the person was involved in a motor vehicle accident
22    that caused Type A injury or death to another.
23    Upon the conclusion of the judicial hearing, the circuit
24court shall sustain or rescind the statutory summary suspension
25or revocation and immediately notify the Secretary of State.
26Reports received by the Secretary of State under this Section

 

 

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1shall be privileged information and for use only by the courts,
2police officers, and Secretary of State.
3(Source: P.A. 95-355, eff. 1-1-08; 96-1344, eff. 7-1-11.)
 
4    (625 ILCS 5/6-206)
5    Sec. 6-206. Discretionary authority to suspend or revoke
6license or permit; Right to a hearing.
7    (a) The Secretary of State is authorized to suspend or
8revoke the driving privileges of any person without preliminary
9hearing upon a showing of the person's records or other
10sufficient evidence that the person:
11        1. Has committed an offense for which mandatory
12    revocation of a driver's license or permit is required upon
13    conviction;
14        2. Has been convicted of not less than 3 offenses
15    against traffic regulations governing the movement of
16    vehicles committed within any 12 month period. No
17    revocation or suspension shall be entered more than 6
18    months after the date of last conviction;
19        3. Has been repeatedly involved as a driver in motor
20    vehicle collisions or has been repeatedly convicted of
21    offenses against laws and ordinances regulating the
22    movement of traffic, to a degree that indicates lack of
23    ability to exercise ordinary and reasonable care in the
24    safe operation of a motor vehicle or disrespect for the
25    traffic laws and the safety of other persons upon the

 

 

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1    highway;
2        4. Has by the unlawful operation of a motor vehicle
3    caused or contributed to an accident resulting in injury
4    requiring immediate professional treatment in a medical
5    facility or doctor's office to any person, except that any
6    suspension or revocation imposed by the Secretary of State
7    under the provisions of this subsection shall start no
8    later than 6 months after being convicted of violating a
9    law or ordinance regulating the movement of traffic, which
10    violation is related to the accident, or shall start not
11    more than one year after the date of the accident,
12    whichever date occurs later;
13        5. Has permitted an unlawful or fraudulent use of a
14    driver's license, identification card, or permit;
15        6. Has been lawfully convicted of an offense or
16    offenses in another state, including the authorization
17    contained in Section 6-203.1, which if committed within
18    this State would be grounds for suspension or revocation;
19        7. Has refused or failed to submit to an examination
20    provided for by Section 6-207 or has failed to pass the
21    examination;
22        8. Is ineligible for a driver's license or permit under
23    the provisions of Section 6-103;
24        9. Has made a false statement or knowingly concealed a
25    material fact or has used false information or
26    identification in any application for a license,

 

 

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1    identification card, or permit;
2        10. Has possessed, displayed, or attempted to
3    fraudulently use any license, identification card, or
4    permit not issued to the person;
5        11. Has operated a motor vehicle upon a highway of this
6    State when the person's driving privilege or privilege to
7    obtain a driver's license or permit was revoked or
8    suspended unless the operation was authorized by a
9    monitoring device driving permit, judicial driving permit
10    issued prior to January 1, 2009, probationary license to
11    drive, or a restricted driving permit issued under this
12    Code;
13        12. Has submitted to any portion of the application
14    process for another person or has obtained the services of
15    another person to submit to any portion of the application
16    process for the purpose of obtaining a license,
17    identification card, or permit for some other person;
18        13. Has operated a motor vehicle upon a highway of this
19    State when the person's driver's license or permit was
20    invalid under the provisions of Sections 6-107.1 and 6-110;
21        14. Has committed a violation of Section 6-301,
22    6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
23    of the Illinois Identification Card Act;
24        15. Has been convicted of violating Section 21-2 of the
25    Criminal Code of 1961 or the Criminal Code of 2012 relating
26    to criminal trespass to vehicles in which case, the

 

 

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1    suspension shall be for one year;
2        16. Has been convicted of violating Section 11-204 of
3    this Code relating to fleeing from a peace officer;
4        17. Has refused to submit to a test, or tests, as
5    required under Section 11-501.1 of this Code and the person
6    has not sought a hearing as provided for in Section
7    11-501.1;
8        18. Has, since issuance of a driver's license or
9    permit, been adjudged to be afflicted with or suffering
10    from any mental disability or disease;
11        19. Has committed a violation of paragraph (a) or (b)
12    of Section 6-101 relating to driving without a driver's
13    license;
14        20. Has been convicted of violating Section 6-104
15    relating to classification of driver's license;
16        21. Has been convicted of violating Section 11-402 of
17    this Code relating to leaving the scene of an accident
18    resulting in damage to a vehicle in excess of $1,000, in
19    which case the suspension shall be for one year;
20        22. Has used a motor vehicle in violating paragraph
21    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
22    the Criminal Code of 1961 or the Criminal Code of 2012
23    relating to unlawful use of weapons, in which case the
24    suspension shall be for one year;
25        23. Has, as a driver, been convicted of committing a
26    violation of paragraph (a) of Section 11-502 of this Code

 

 

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1    for a second or subsequent time within one year of a
2    similar violation;
3        24. Has been convicted by a court-martial or punished
4    by non-judicial punishment by military authorities of the
5    United States at a military installation in Illinois of or
6    for a traffic related offense that is the same as or
7    similar to an offense specified under Section 6-205 or
8    6-206 of this Code;
9        25. Has permitted any form of identification to be used
10    by another in the application process in order to obtain or
11    attempt to obtain a license, identification card, or
12    permit;
13        26. Has altered or attempted to alter a license or has
14    possessed an altered license, identification card, or
15    permit;
16        27. Has violated Section 6-16 of the Liquor Control Act
17    of 1934;
18        28. Has been convicted for a first time of the illegal
19    possession, while operating or in actual physical control,
20    as a driver, of a motor vehicle, of any controlled
21    substance prohibited under the Illinois Controlled
22    Substances Act, any cannabis prohibited under the Cannabis
23    Control Act, or any methamphetamine prohibited under the
24    Methamphetamine Control and Community Protection Act, in
25    which case the person's driving privileges shall be
26    suspended for one year. Any defendant found guilty of this

 

 

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1    offense while operating a motor vehicle, shall have an
2    entry made in the court record by the presiding judge that
3    this offense did occur while the defendant was operating a
4    motor vehicle and order the clerk of the court to report
5    the violation to the Secretary of State;
6        29. Has been convicted of the following offenses that
7    were committed while the person was operating or in actual
8    physical control, as a driver, of a motor vehicle: criminal
9    sexual assault, predatory criminal sexual assault of a
10    child, aggravated criminal sexual assault, criminal sexual
11    abuse, aggravated criminal sexual abuse, juvenile pimping,
12    soliciting for a juvenile prostitute, promoting juvenile
13    prostitution as described in subdivision (a)(1), (a)(2),
14    or (a)(3) of Section 11-14.4 of the Criminal Code of 1961
15    or the Criminal Code of 2012, and the manufacture, sale or
16    delivery of controlled substances or instruments used for
17    illegal drug use or abuse in which case the driver's
18    driving privileges shall be suspended for one year;
19        30. Has been convicted a second or subsequent time for
20    any combination of the offenses named in paragraph 29 of
21    this subsection, in which case the person's driving
22    privileges shall be suspended for 5 years;
23        31. Has refused to submit to a test as required by
24    Section 11-501.6 or has submitted to a test resulting in an
25    alcohol concentration of 0.08 or more or any amount of a
26    drug, substance, or compound resulting from the unlawful

 

 

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1    use or consumption of cannabis as listed in the Cannabis
2    Control Act, a controlled substance as listed in the
3    Illinois Controlled Substances Act, an intoxicating
4    compound as listed in the Use of Intoxicating Compounds
5    Act, or methamphetamine as listed in the Methamphetamine
6    Control and Community Protection Act, in which case the
7    penalty shall be as prescribed in Section 6-208.1;
8        32. Has been convicted of Section 24-1.2 of the
9    Criminal Code of 1961 or the Criminal Code of 2012 relating
10    to the aggravated discharge of a firearm if the offender
11    was located in a motor vehicle at the time the firearm was
12    discharged, in which case the suspension shall be for 3
13    years;
14        33. Has as a driver, who was less than 21 years of age
15    on the date of the offense, been convicted a first time of
16    a violation of paragraph (a) of Section 11-502 of this Code
17    or a similar provision of a local ordinance;
18        34. Has committed a violation of Section 11-1301.5 of
19    this Code or a similar provision of a local ordinance;
20        35. Has committed a violation of Section 11-1301.6 of
21    this Code or a similar provision of a local ordinance;
22        36. Is under the age of 21 years at the time of arrest
23    and has been convicted of not less than 2 offenses against
24    traffic regulations governing the movement of vehicles
25    committed within any 24 month period. No revocation or
26    suspension shall be entered more than 6 months after the

 

 

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1    date of last conviction;
2        37. Has committed a violation of subsection (c) of
3    Section 11-907 of this Code that resulted in damage to the
4    property of another or the death or injury of another;
5        38. Has been convicted of a violation of Section 6-20
6    of the Liquor Control Act of 1934 or a similar provision of
7    a local ordinance;
8        39. Has committed a second or subsequent violation of
9    Section 11-1201 of this Code;
10        40. Has committed a violation of subsection (a-1) of
11    Section 11-908 of this Code;
12        41. Has committed a second or subsequent violation of
13    Section 11-605.1 of this Code, a similar provision of a
14    local ordinance, or a similar violation in any other state
15    within 2 years of the date of the previous violation, in
16    which case the suspension shall be for 90 days;
17        42. Has committed a violation of subsection (a-1) of
18    Section 11-1301.3 of this Code or a similar provision of a
19    local ordinance;
20        43. Has received a disposition of court supervision for
21    a violation of subsection (a), (d), or (e) of Section 6-20
22    of the Liquor Control Act of 1934 or a similar provision of
23    a local ordinance, in which case the suspension shall be
24    for a period of 3 months;
25        44. Is under the age of 21 years at the time of arrest
26    and has been convicted of an offense against traffic

 

 

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1    regulations governing the movement of vehicles after
2    having previously had his or her driving privileges
3    suspended or revoked pursuant to subparagraph 36 of this
4    Section;
5        45. Has, in connection with or during the course of a
6    formal hearing conducted under Section 2-118 of this Code:
7    (i) committed perjury; (ii) submitted fraudulent or
8    falsified documents; (iii) submitted documents that have
9    been materially altered; or (iv) submitted, as his or her
10    own, documents that were in fact prepared or composed for
11    another person; or
12        46. Has committed a violation of subsection (j) of
13    Section 3-413 of this Code; or .
14        47. Has committed a violation of Section 11-502.1 of
15    this Code.
16    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
17and 27 of this subsection, license means any driver's license,
18any traffic ticket issued when the person's driver's license is
19deposited in lieu of bail, a suspension notice issued by the
20Secretary of State, a duplicate or corrected driver's license,
21a probationary driver's license or a temporary driver's
22license.
23    (b) If any conviction forming the basis of a suspension or
24revocation authorized under this Section is appealed, the
25Secretary of State may rescind or withhold the entry of the
26order of suspension or revocation, as the case may be, provided

 

 

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1that a certified copy of a stay order of a court is filed with
2the Secretary of State. If the conviction is affirmed on
3appeal, the date of the conviction shall relate back to the
4time the original judgment of conviction was entered and the 6
5month limitation prescribed shall not apply.
6    (c) 1. Upon suspending or revoking the driver's license or
7permit of any person as authorized in this Section, the
8Secretary of State shall immediately notify the person in
9writing of the revocation or suspension. The notice to be
10deposited in the United States mail, postage prepaid, to the
11last known address of the person.
12        2. If the Secretary of State suspends the driver's
13    license of a person under subsection 2 of paragraph (a) of
14    this Section, a person's privilege to operate a vehicle as
15    an occupation shall not be suspended, provided an affidavit
16    is properly completed, the appropriate fee received, and a
17    permit issued prior to the effective date of the
18    suspension, unless 5 offenses were committed, at least 2 of
19    which occurred while operating a commercial vehicle in
20    connection with the driver's regular occupation. All other
21    driving privileges shall be suspended by the Secretary of
22    State. Any driver prior to operating a vehicle for
23    occupational purposes only must submit the affidavit on
24    forms to be provided by the Secretary of State setting
25    forth the facts of the person's occupation. The affidavit
26    shall also state the number of offenses committed while

 

 

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1    operating a vehicle in connection with the driver's regular
2    occupation. The affidavit shall be accompanied by the
3    driver's license. Upon receipt of a properly completed
4    affidavit, the Secretary of State shall issue the driver a
5    permit to operate a vehicle in connection with the driver's
6    regular occupation only. Unless the permit is issued by the
7    Secretary of State prior to the date of suspension, the
8    privilege to drive any motor vehicle shall be suspended as
9    set forth in the notice that was mailed under this Section.
10    If an affidavit is received subsequent to the effective
11    date of this suspension, a permit may be issued for the
12    remainder of the suspension period.
13        The provisions of this subparagraph shall not apply to
14    any driver required to possess a CDL for the purpose of
15    operating a commercial motor vehicle.
16        Any person who falsely states any fact in the affidavit
17    required herein shall be guilty of perjury under Section
18    6-302 and upon conviction thereof shall have all driving
19    privileges revoked without further rights.
20        3. At the conclusion of a hearing under Section 2-118
21    of this Code, the Secretary of State shall either rescind
22    or continue an order of revocation or shall substitute an
23    order of suspension; or, good cause appearing therefor,
24    rescind, continue, change, or extend the order of
25    suspension. If the Secretary of State does not rescind the
26    order, the Secretary may upon application, to relieve undue

 

 

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1    hardship (as defined by the rules of the Secretary of
2    State), issue a restricted driving permit granting the
3    privilege of driving a motor vehicle between the
4    petitioner's residence and petitioner's place of
5    employment or within the scope of the petitioner's
6    employment related duties, or to allow the petitioner to
7    transport himself or herself, or a family member of the
8    petitioner's household to a medical facility, to receive
9    necessary medical care, to allow the petitioner to
10    transport himself or herself to and from alcohol or drug
11    remedial or rehabilitative activity recommended by a
12    licensed service provider, or to allow the petitioner to
13    transport himself or herself or a family member of the
14    petitioner's household to classes, as a student, at an
15    accredited educational institution, or to allow the
16    petitioner to transport children, elderly persons, or
17    disabled persons who do not hold driving privileges and are
18    living in the petitioner's household to and from daycare.
19    The petitioner must demonstrate that no alternative means
20    of transportation is reasonably available and that the
21    petitioner will not endanger the public safety or welfare.
22    Those multiple offenders identified in subdivision (b)4 of
23    Section 6-208 of this Code, however, shall not be eligible
24    for the issuance of a restricted driving permit.
25             (A) If a person's license or permit is revoked or
26        suspended due to 2 or more convictions of violating

 

 

09800HB0001ham001- 154 -LRB098 02716 RLC 41653 a

1        Section 11-501 of this Code or a similar provision of a
2        local ordinance or a similar out-of-state offense, or
3        Section 9-3 of the Criminal Code of 1961 or the
4        Criminal Code of 2012, where the use of alcohol or
5        other drugs is recited as an element of the offense, or
6        a similar out-of-state offense, or a combination of
7        these offenses, arising out of separate occurrences,
8        that person, if issued a restricted driving permit, may
9        not operate a vehicle unless it has been equipped with
10        an ignition interlock device as defined in Section
11        1-129.1.
12            (B) If a person's license or permit is revoked or
13        suspended 2 or more times within a 10 year period due
14        to any combination of:
15                (i) a single conviction of violating Section
16            11-501 of this Code or a similar provision of a
17            local ordinance or a similar out-of-state offense
18            or Section 9-3 of the Criminal Code of 1961 or the
19            Criminal Code of 2012, where the use of alcohol or
20            other drugs is recited as an element of the
21            offense, or a similar out-of-state offense; or
22                (ii) a statutory summary suspension or
23            revocation under Section 11-501.1; or
24                (iii) a suspension under Section 6-203.1;
25        arising out of separate occurrences; that person, if
26        issued a restricted driving permit, may not operate a

 

 

09800HB0001ham001- 155 -LRB098 02716 RLC 41653 a

1        vehicle unless it has been equipped with an ignition
2        interlock device as defined in Section 1-129.1.
3            (C) The person issued a permit conditioned upon the
4        use of an ignition interlock device must pay to the
5        Secretary of State DUI Administration Fund an amount
6        not to exceed $30 per month. The Secretary shall
7        establish by rule the amount and the procedures, terms,
8        and conditions relating to these fees.
9            (D) If the restricted driving permit is issued for
10        employment purposes, then the prohibition against
11        operating a motor vehicle that is not equipped with an
12        ignition interlock device does not apply to the
13        operation of an occupational vehicle owned or leased by
14        that person's employer when used solely for employment
15        purposes.
16            (E) In each case the Secretary may issue a
17        restricted driving permit for a period deemed
18        appropriate, except that all permits shall expire
19        within one year from the date of issuance. The
20        Secretary may not, however, issue a restricted driving
21        permit to any person whose current revocation is the
22        result of a second or subsequent conviction for a
23        violation of Section 11-501 of this Code or a similar
24        provision of a local ordinance or any similar
25        out-of-state offense, or Section 9-3 of the Criminal
26        Code of 1961 or the Criminal Code of 2012, where the

 

 

09800HB0001ham001- 156 -LRB098 02716 RLC 41653 a

1        use of alcohol or other drugs is recited as an element
2        of the offense, or any similar out-of-state offense, or
3        any combination of those offenses, until the
4        expiration of at least one year from the date of the
5        revocation. A restricted driving permit issued under
6        this Section shall be subject to cancellation,
7        revocation, and suspension by the Secretary of State in
8        like manner and for like cause as a driver's license
9        issued under this Code may be cancelled, revoked, or
10        suspended; except that a conviction upon one or more
11        offenses against laws or ordinances regulating the
12        movement of traffic shall be deemed sufficient cause
13        for the revocation, suspension, or cancellation of a
14        restricted driving permit. The Secretary of State may,
15        as a condition to the issuance of a restricted driving
16        permit, require the applicant to participate in a
17        designated driver remedial or rehabilitative program.
18        The Secretary of State is authorized to cancel a
19        restricted driving permit if the permit holder does not
20        successfully complete the program.
21    (c-3) In the case of a suspension under paragraph 43 of
22subsection (a), reports received by the Secretary of State
23under this Section shall, except during the actual time the
24suspension is in effect, be privileged information and for use
25only by the courts, police officers, prosecuting authorities,
26the driver licensing administrator of any other state, the

 

 

09800HB0001ham001- 157 -LRB098 02716 RLC 41653 a

1Secretary of State, or the parent or legal guardian of a driver
2under the age of 18. However, beginning January 1, 2008, if the
3person is a CDL holder, the suspension shall also be made
4available to the driver licensing administrator of any other
5state, the U.S. Department of Transportation, and the affected
6driver or motor carrier or prospective motor carrier upon
7request.
8    (c-4) In the case of a suspension under paragraph 43 of
9subsection (a), the Secretary of State shall notify the person
10by mail that his or her driving privileges and driver's license
11will be suspended one month after the date of the mailing of
12the notice.
13    (c-5) The Secretary of State may, as a condition of the
14reissuance of a driver's license or permit to an applicant
15whose driver's license or permit has been suspended before he
16or she reached the age of 21 years pursuant to any of the
17provisions of this Section, require the applicant to
18participate in a driver remedial education course and be
19retested under Section 6-109 of this Code.
20    (d) This Section is subject to the provisions of the
21Drivers License Compact.
22    (e) The Secretary of State shall not issue a restricted
23driving permit to a person under the age of 16 years whose
24driving privileges have been suspended or revoked under any
25provisions of this Code.
26    (f) In accordance with 49 C.F.R. 384, the Secretary of

 

 

09800HB0001ham001- 158 -LRB098 02716 RLC 41653 a

1State may not issue a restricted driving permit for the
2operation of a commercial motor vehicle to a person holding a
3CDL whose driving privileges have been suspended, revoked,
4cancelled, or disqualified under any provisions of this Code.
5(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09;
696-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff.
77-1-11; 96-1551, eff. 7-1-11; 97-229, eff. 7-28-11; 97-333,
8eff. 8-12-11; 97-743, eff. 1-1-13; 97-838, eff. 1-1-13; 97-844,
9eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
10    (625 ILCS 5/6-206.1)  (from Ch. 95 1/2, par. 6-206.1)
11    Sec. 6-206.1. Monitoring Device Driving Permit.
12Declaration of Policy. It is hereby declared a policy of the
13State of Illinois that the driver who is impaired by alcohol,
14other drug or drugs, or intoxicating compound or compounds is a
15threat to the public safety and welfare. Therefore, to provide
16a deterrent to such practice, a statutory summary driver's
17license suspension is appropriate. It is also recognized that
18driving is a privilege and therefore, that the granting of
19driving privileges, in a manner consistent with public safety,
20is warranted during the period of suspension in the form of a
21monitoring device driving permit. A person who drives and fails
22to comply with the requirements of the monitoring device
23driving permit commits a violation of Section 6-303 of this
24Code.
25    The following procedures shall apply whenever a first

 

 

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

 

 

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1    reckless homicide or aggravated driving under the
2    influence involving death; or
3        (4) The offender is less than 18 years of age; or
4        (5) The offender is a qualifying patient licensed under
5    the Compassionate Use of Medical Cannabis Pilot Program Act
6    who is in possession of a valid registry card issued under
7    that Act and refused to submit to standardized field
8    sobriety tests as required by subsection (a-5) of Section
9    11-501.1 or did submit to testing and failed the test or
10    tests.
11    Any offender participating in the MDDP program must pay the
12Secretary a MDDP Administration Fee in an amount not to exceed
13$30 per month, to be deposited into the Monitoring Device
14Driving Permit Administration Fee Fund. The Secretary shall
15establish by rule the amount and the procedures, terms, and
16conditions relating to these fees. The offender must have an
17ignition interlock device installed within 14 days of the date
18the Secretary issues the MDDP. The ignition interlock device
19provider must notify the Secretary, in a manner and form
20prescribed by the Secretary, of the installation. If the
21Secretary does not receive notice of installation, the
22Secretary shall cancel the MDDP.
23    A MDDP shall not become effective prior to the 31st day of
24the original statutory summary suspension.
25    Upon receipt of the notice, as provided in paragraph (a) of
26this Section, the person may file a petition to decline

 

 

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

 

 

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1vehicle, or a vehicle designed to transport more than 15
2passengers. No person may use this exemption to drive an
3employer-owned motor vehicle that is owned by an entity that is
4wholly or partially owned by the person holding the MDDP, or by
5a family member of the person holding the MDDP. No person may
6use this exemption to drive an employer-owned vehicle that is
7made available to the employee for personal use. No person may
8drive the exempted vehicle more than 12 hours per day, 6 days
9per week.
10    (a-3) Persons who are issued a MDDP and who must drive a
11farm tractor to and from a farm, within 50 air miles from the
12originating farm are exempt from installation of a BAIID on the
13farm tractor, so long as the farm tractor is being used for the
14exclusive purpose of conducting farm operations.
15    (b) (Blank).
16    (c) (Blank).
17    (c-1) If the holder of the MDDP is convicted of or receives
18court supervision for a violation of Section 6-206.2, 6-303,
1911-204, 11-204.1, 11-401, 11-501, 11-503, 11-506 or a similar
20provision of a local ordinance or a similar out-of-state
21offense or is convicted of or receives court supervision for
22any offense for which alcohol or drugs is an element of the
23offense and in which a motor vehicle was involved (for an
24arrest other than the one for which the MDDP is issued), or
25de-installs the BAIID without prior authorization from the
26Secretary, the MDDP shall be cancelled.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1twice the original summary suspension period, or for the length
2of any extensions entered under subsection (j), whichever is
3longer. During the period of suspension, the person shall be
4eligible only to apply for a restricted driving permit. If a
5restricted driving permit is granted, the offender may only
6operate vehicles equipped with a BAIID in accordance with this
7Section.
8    (m) Any person or entity that supplies an ignition
9interlock device under this Section shall, for each ignition
10interlock device installed, pay 5% of the total gross revenue
11received for the device, including monthly monitoring fees,
12into the Indigent BAIID Fund. This 5% shall be clearly
13indicated as a separate surcharge on each invoice that is
14issued. The Secretary shall conduct an annual review of the
15fund to determine whether the surcharge is sufficient to
16provide for indigent users. The Secretary may increase or
17decrease this surcharge requirement as needed.
18    (n) Any person or entity that supplies an ignition
19interlock device under this Section that is requested to
20provide an ignition interlock device to a person who presents
21written documentation of indigency from the Secretary, as
22provided in subsection (c-5) of this Section, shall install the
23device on the person's vehicle without charge to the person and
24shall seek reimbursement from the Indigent BAIID Fund.
25    (o) The Indigent BAIID Fund is created as a special fund in
26the State treasury. The Secretary shall, subject to

 

 

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1appropriation by the General Assembly, use all money in the
2Indigent BAIID Fund to reimburse ignition interlock device
3providers who have installed devices in vehicles of indigent
4persons. The Secretary shall make payments to such providers
5every 3 months. If the amount of money in the fund at the time
6payments are made is not sufficient to pay all requests for
7reimbursement submitted during that 3 month period, the
8Secretary shall make payments on a pro-rata basis, and those
9payments shall be considered payment in full for the requests
10submitted.
11    (p) The Monitoring Device Driving Permit Administration
12Fee Fund is created as a special fund in the State treasury.
13The Secretary shall, subject to appropriation by the General
14Assembly, use the money paid into this fund to offset its
15administrative costs for administering MDDPs.
16    (q) The Secretary is authorized to prescribe such forms as
17it deems necessary to carry out the provisions of this Section.
18(Source: P.A. 96-184, eff. 8-10-09; 96-1526, eff. 2-14-11;
1997-229; 97-813, eff. 7-13-12; 97-1150, eff. 1-25-13.)
 
20    (625 ILCS 5/6-208.1)  (from Ch. 95 1/2, par. 6-208.1)
21    (Text of Section from P.A. 96-1526)
22    Sec. 6-208.1. Period of statutory summary alcohol, other
23drug, or intoxicating compound related suspension.
24    (a) Unless the statutory summary suspension has been
25rescinded, any person whose privilege to drive a motor vehicle

 

 

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1on the public highways has been summarily suspended, pursuant
2to Section 11-501.1, shall not be eligible for restoration of
3the privilege until the expiration of:
4        1. Twelve months from the effective date of the
5    statutory summary suspension for a refusal or failure to
6    complete a test or tests authorized under to determine the
7    alcohol, drug, or intoxicating compound concentration,
8    pursuant to Section 11-501.1; or
9        2. Six months from the effective date of the statutory
10    summary suspension imposed following the person's
11    submission to a chemical test which disclosed an alcohol
12    concentration of 0.08 or more, or any amount of a drug,
13    substance, or intoxicating compound in such person's
14    breath, blood, or urine resulting from the unlawful use or
15    consumption of cannabis listed in the Cannabis Control Act,
16    a controlled substance listed in the Illinois Controlled
17    Substances Act, an intoxicating compound listed in the Use
18    of Intoxicating Compounds Act, or methamphetamine as
19    listed in the Methamphetamine Control and Community
20    Protection Act, pursuant to Section 11-501.1; or
21        3. Three years from the effective date of the statutory
22    summary suspension for any person other than a first
23    offender who refuses or fails to complete a test or tests
24    to determine the alcohol, drug, or intoxicating compound
25    concentration pursuant to Section 11-501.1; or
26        4. One year from the effective date of the summary

 

 

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1    suspension imposed for any person other than a first
2    offender following submission to a chemical test which
3    disclosed an alcohol concentration of 0.08 or more pursuant
4    to Section 11-501.1 or any amount of a drug, substance or
5    compound in such person's blood or urine resulting from the
6    unlawful use or consumption of cannabis listed in the
7    Cannabis Control Act, a controlled substance listed in the
8    Illinois Controlled Substances Act, an intoxicating
9    compound listed in the Use of Intoxicating Compounds Act,
10    or methamphetamine as listed in the Methamphetamine
11    Control and Community Protection Act; or .
12        5. Six months from the effective date of the statutory
13    summary suspension imposed for any person following
14    submission to a standardized field sobriety test that
15    disclosed impairment if the person is a qualifying patient
16    licensed under the Compassionate Use of Medical Cannabis
17    Pilot Program Act who is in possession of a valid registry
18    card issued under that Act and submitted to testing under
19    subsection (a-5) of Section 11-501.1.
20    (b) Following a statutory summary suspension of the
21privilege to drive a motor vehicle under Section 11-501.1,
22driving privileges shall be restored unless the person is
23otherwise suspended, revoked, or cancelled by this Code. If the
24court has reason to believe that the person's driving privilege
25should not be restored, the court shall notify the Secretary of
26State prior to the expiration of the statutory summary

 

 

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1suspension so appropriate action may be taken pursuant to this
2Code.
3    (c) Driving privileges may not be restored until all
4applicable reinstatement fees, as provided by this Code, have
5been paid to the Secretary of State and the appropriate entry
6made to the driver's record.
7    (d) Where a driving privilege has been summarily suspended
8under Section 11-501.1 and the person is subsequently convicted
9of violating Section 11-501, or a similar provision of a local
10ordinance, for the same incident, any period served on
11statutory summary suspension shall be credited toward the
12minimum period of revocation of driving privileges imposed
13pursuant to Section 6-205.
14    (e) (Blank).
15    (f) (Blank).
16    (g) Following a statutory summary suspension of driving
17privileges pursuant to Section 11-501.1 where the person was
18not a first offender, as defined in Section 11-500, the
19Secretary of State may not issue a restricted driving permit.
20    (h) (Blank).
21(Source: P.A. 95-355, eff. 1-1-08; 95-400, eff. 1-1-09; 95-876,
22eff. 8-21-08; 96-1526, eff. 2-14-11.)
 
23    (Text of Section from P.A. 96-1344 and 97-229)
24    Sec. 6-208.1. Period of statutory summary alcohol, other
25drug, or intoxicating compound related suspension or

 

 

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1revocation.
2    (a) Unless the statutory summary suspension has been
3rescinded, any person whose privilege to drive a motor vehicle
4on the public highways has been summarily suspended, pursuant
5to Section 11-501.1, shall not be eligible for restoration of
6the privilege until the expiration of:
7        1. Twelve months from the effective date of the
8    statutory summary suspension for a refusal or failure to
9    complete a test or tests authorized under to determine the
10    alcohol, drug, or intoxicating compound concentration,
11    pursuant to Section 11-501.1, if the person was not
12    involved in a motor vehicle crash that caused personal
13    injury or death to another; or
14        2. Six months from the effective date of the statutory
15    summary suspension imposed following the person's
16    submission to a chemical test which disclosed an alcohol
17    concentration of 0.08 or more, or any amount of a drug,
18    substance, or intoxicating compound in such person's
19    breath, blood, or urine resulting from the unlawful use or
20    consumption of cannabis listed in the Cannabis Control Act,
21    a controlled substance listed in the Illinois Controlled
22    Substances Act, an intoxicating compound listed in the Use
23    of Intoxicating Compounds Act, or methamphetamine as
24    listed in the Methamphetamine Control and Community
25    Protection Act, pursuant to Section 11-501.1; or
26        3. Three years from the effective date of the statutory

 

 

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1    summary suspension for any person other than a first
2    offender who refuses or fails to complete a test or tests
3    to determine the alcohol, drug, or intoxicating compound
4    concentration pursuant to Section 11-501.1; or
5        4. One year from the effective date of the summary
6    suspension imposed for any person other than a first
7    offender following submission to a chemical test which
8    disclosed an alcohol concentration of 0.08 or more pursuant
9    to Section 11-501.1 or any amount of a drug, substance or
10    compound in such person's blood or urine resulting from the
11    unlawful use or consumption of cannabis listed in the
12    Cannabis Control Act, a controlled substance listed in the
13    Illinois Controlled Substances Act, an intoxicating
14    compound listed in the Use of Intoxicating Compounds Act,
15    or methamphetamine as listed in the Methamphetamine
16    Control and Community Protection Act; or .
17        5. Six months from the effective date of the statutory
18    summary suspension imposed for any person following
19    submission to a standardized field sobriety test that
20    disclosed impairment if the person is a qualifying patient
21    licensed under the Compassionate Use of Medical Cannabis
22    Pilot Program Act who is in possession of a valid registry
23    card issued under that Act and submitted to testing under
24    subsection (a-5) of Section 11-501.1.
25    (a-1) Unless the statutory summary revocation has been
26rescinded, any person whose privilege to drive has been

 

 

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1summarily revoked pursuant to Section 11-501.1 may not make
2application for a license or permit until the expiration of one
3year from the effective date of the summary revocation.
4    (b) Following a statutory summary suspension of the
5privilege to drive a motor vehicle under Section 11-501.1,
6driving privileges shall be restored unless the person is
7otherwise suspended, revoked, or cancelled by this Code. If the
8court has reason to believe that the person's driving privilege
9should not be restored, the court shall notify the Secretary of
10State prior to the expiration of the statutory summary
11suspension so appropriate action may be taken pursuant to this
12Code.
13    (c) Driving privileges may not be restored until all
14applicable reinstatement fees, as provided by this Code, have
15been paid to the Secretary of State and the appropriate entry
16made to the driver's record.
17    (d) Where a driving privilege has been summarily suspended
18or revoked under Section 11-501.1 and the person is
19subsequently convicted of violating Section 11-501, or a
20similar provision of a local ordinance, for the same incident,
21any period served on statutory summary suspension or revocation
22shall be credited toward the minimum period of revocation of
23driving privileges imposed pursuant to Section 6-205.
24    (e) Following a statutory summary suspension of driving
25privileges pursuant to Section 11-501.1, for a first offender,
26the circuit court shall, unless the offender has opted in

 

 

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1writing not to have a monitoring device driving permit issued,
2order the Secretary of State to issue a monitoring device
3driving permit as provided in Section 6-206.1. A monitoring
4device driving permit shall not be effective prior to the 31st
5day of the statutory summary suspension. A first offender who
6refused chemical testing and whose driving privileges were
7summarily revoked pursuant to Section 11-501.1 shall not be
8eligible for a monitoring device driving permit, but may make
9application for reinstatement or for a restricted driving
10permit after a period of one year has elapsed from the
11effective date of the revocation.
12    (f) (Blank).
13    (g) Following a statutory summary suspension of driving
14privileges pursuant to Section 11-501.1 where the person was
15not a first offender, as defined in Section 11-500, the
16Secretary of State may not issue a restricted driving permit.
17    (h) (Blank).
18(Source: P.A. 96-1344, eff. 7-1-11; 97-229, eff. 7-28-11.)
 
19    (625 ILCS 5/6-514)  (from Ch. 95 1/2, par. 6-514)
20    Sec. 6-514. Commercial Driver's License (CDL) -
21Disqualifications.
22    (a) A person shall be disqualified from driving a
23commercial motor vehicle for a period of not less than 12
24months for the first violation of:
25        (1) Refusing to submit to or failure to complete a test

 

 

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1    or tests authorized under Section 11-501.1 to determine the
2    driver's blood concentration of alcohol, other drug, or
3    both, while driving a commercial motor vehicle or, if the
4    driver is a CDL holder, while driving a non-CMV; or
5        (2) Operating a commercial motor vehicle while the
6    alcohol concentration of the person's blood, breath or
7    urine is at least 0.04, or any amount of a drug, substance,
8    or compound in the person's blood or urine resulting from
9    the unlawful use or consumption of cannabis listed in the
10    Cannabis Control Act, a controlled substance listed in the
11    Illinois Controlled Substances Act, or methamphetamine as
12    listed in the Methamphetamine Control and Community
13    Protection Act as indicated by a police officer's sworn
14    report or other verified evidence; or operating a
15    non-commercial motor vehicle while the alcohol
16    concentration of the person's blood, breath, or urine was
17    above the legal limit defined in Section 11-501.1 or
18    11-501.8 or any amount of a drug, substance, or compound in
19    the person's blood or urine resulting from the unlawful use
20    or consumption of cannabis listed in the Cannabis Control
21    Act, a controlled substance listed in the Illinois
22    Controlled Substances Act, or methamphetamine as listed in
23    the Methamphetamine Control and Community Protection Act
24    as indicated by a police officer's sworn report or other
25    verified evidence while holding a commercial driver's
26    license; or

 

 

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1        (3) Conviction for a first violation of:
2            (i) Driving a commercial motor vehicle or, if the
3        driver is a CDL holder, driving a non-CMV while under
4        the influence of alcohol, or any other drug, or
5        combination of drugs to a degree which renders such
6        person incapable of safely driving; or
7            (ii) Knowingly leaving the scene of an accident
8        while operating a commercial motor vehicle or, if the
9        driver is a CDL holder, while driving a non-CMV; or
10            (iii) Driving a commercial motor vehicle or, if the
11        driver is a CDL holder, driving a non-CMV while
12        committing any felony; or
13            (iv) Driving a commercial motor vehicle while the
14        person's driving privileges or driver's license or
15        permit is revoked, suspended, or cancelled or the
16        driver is disqualified from operating a commercial
17        motor vehicle; or
18            (v) Causing a fatality through the negligent
19        operation of a commercial motor vehicle, including but
20        not limited to the crimes of motor vehicle
21        manslaughter, homicide by a motor vehicle, and
22        negligent homicide.
23            As used in this subdivision (a)(3)(v), "motor
24        vehicle manslaughter" means the offense of involuntary
25        manslaughter if committed by means of a vehicle;
26        "homicide by a motor vehicle" means the offense of

 

 

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1        first degree murder or second degree murder, if either
2        offense is committed by means of a vehicle; and
3        "negligent homicide" means reckless homicide under
4        Section 9-3 of the Criminal Code of 1961 or the
5        Criminal Code of 2012 and aggravated driving under the
6        influence of alcohol, other drug or drugs,
7        intoxicating compound or compounds, or any combination
8        thereof under subdivision (d)(1)(F) of Section 11-501
9        of this Code.
10        If any of the above violations or refusals occurred
11    while transporting hazardous material(s) required to be
12    placarded, the person shall be disqualified for a period of
13    not less than 3 years; or .
14        (4) If the person is a qualifying patient licensed
15    under the Compassionate Use of Medical Cannabis Pilot
16    Program Act who is in possession of a valid registry card
17    issued under that Act, operating a commercial motor vehicle
18    under impairment resulting from the consumption of
19    cannabis, as determined by failure of standardized field
20    sobriety tests administered by a law enforcement officer as
21    directed by subsection (a-5) of Section 11-501.2.
22    (b) A person is disqualified for life for a second
23conviction of any of the offenses specified in paragraph (a),
24or any combination of those offenses, arising from 2 or more
25separate incidents.
26    (c) A person is disqualified from driving a commercial

 

 

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1motor vehicle for life if the person either (i) uses a
2commercial motor vehicle in the commission of any felony
3involving the manufacture, distribution, or dispensing of a
4controlled substance, or possession with intent to
5manufacture, distribute or dispense a controlled substance or
6(ii) if the person is a CDL holder, uses a non-CMV in the
7commission of a felony involving any of those activities.
8    (d) The Secretary of State may, when the United States
9Secretary of Transportation so authorizes, issue regulations
10in which a disqualification for life under paragraph (b) may be
11reduced to a period of not less than 10 years. If a reinstated
12driver is subsequently convicted of another disqualifying
13offense, as specified in subsection (a) of this Section, he or
14she shall be permanently disqualified for life and shall be
15ineligible to again apply for a reduction of the lifetime
16disqualification.
17    (e) A person is disqualified from driving a commercial
18motor vehicle for a period of not less than 2 months if
19convicted of 2 serious traffic violations, committed in a
20commercial motor vehicle, non-CMV while holding a CDL, or any
21combination thereof, arising from separate incidents,
22occurring within a 3 year period, provided the serious traffic
23violation committed in a non-CMV would result in the suspension
24or revocation of the CDL holder's non-CMV privileges. However,
25a person will be disqualified from driving a commercial motor
26vehicle for a period of not less than 4 months if convicted of

 

 

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13 serious traffic violations, committed in a commercial motor
2vehicle, non-CMV while holding a CDL, or any combination
3thereof, arising from separate incidents, occurring within a 3
4year period, provided the serious traffic violation committed
5in a non-CMV would result in the suspension or revocation of
6the CDL holder's non-CMV privileges. If all the convictions
7occurred in a non-CMV, the disqualification shall be entered
8only if the convictions would result in the suspension or
9revocation of the CDL holder's non-CMV privileges.
10    (e-1) (Blank).
11    (f) Notwithstanding any other provision of this Code, any
12driver disqualified from operating a commercial motor vehicle,
13pursuant to this UCDLA, shall not be eligible for restoration
14of commercial driving privileges during any such period of
15disqualification.
16    (g) After suspending, revoking, or cancelling a commercial
17driver's license, the Secretary of State must update the
18driver's records to reflect such action within 10 days. After
19suspending or revoking the driving privilege of any person who
20has been issued a CDL or commercial driver instruction permit
21from another jurisdiction, the Secretary shall originate
22notification to such issuing jurisdiction within 10 days.
23    (h) The "disqualifications" referred to in this Section
24shall not be imposed upon any commercial motor vehicle driver,
25by the Secretary of State, unless the prohibited action(s)
26occurred after March 31, 1992.

 

 

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1    (i) A person is disqualified from driving a commercial
2motor vehicle in accordance with the following:
3        (1) For 6 months upon a first conviction of paragraph
4    (2) of subsection (b) or subsection (b-3) of Section 6-507
5    of this Code.
6        (2) For 2 years upon a second conviction of paragraph
7    (2) of subsection (b) or subsection (b-3) or any
8    combination of paragraphs (2) or (3) of subsection (b) or
9    subsections (b-3) or (b-5) of Section 6-507 of this Code
10    within a 10-year period if the second conviction is a
11    violation of paragraph (2) of subsection (b) or subsection
12    (b-3).
13        (3) For 3 years upon a third or subsequent conviction
14    of paragraph (2) of subsection (b) or subsection (b-3) or
15    any combination of paragraphs (2) or (3) of subsection (b)
16    or subsections (b-3) or (b-5) of Section 6-507 of this Code
17    within a 10-year period if the third or subsequent
18    conviction is a violation of paragraph (2) of subsection
19    (b) or subsection (b-3).
20        (4) For one year upon a first conviction of paragraph
21    (3) of subsection (b) or subsection (b-5) of Section 6-507
22    of this Code.
23        (5) For 3 years upon a second conviction of paragraph
24    (3) of subsection (b) or subsection (b-5) or any
25    combination of paragraphs (2) or (3) of subsection (b) or
26    subsections (b-3) or (b-5) of Section 6-507 of this Code

 

 

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1    within a 10-year period if the second conviction is a
2    violation of paragraph (3) of subsection (b) or (b-5).
3        (6) For 5 years upon a third or subsequent conviction
4    of paragraph (3) of subsection (b) or subsection (b-5) or
5    any combination of paragraphs (2) or (3) of subsection (b)
6    or subsections (b-3) or (b-5) of Section 6-507 of this Code
7    within a 10-year period if the third or subsequent
8    conviction is a violation of paragraph (3) of subsection
9    (b) or (b-5).
10    (j) Disqualification for railroad-highway grade crossing
11violation.
12        (1) General rule. A driver who is convicted of a
13    violation of a federal, State, or local law or regulation
14    pertaining to one of the following 6 offenses at a
15    railroad-highway grade crossing must be disqualified from
16    operating a commercial motor vehicle for the period of time
17    specified in paragraph (2) of this subsection (j) if the
18    offense was committed while operating a commercial motor
19    vehicle:
20            (i) For drivers who are not required to always
21        stop, failing to slow down and check that the tracks
22        are clear of an approaching train or railroad track
23        equipment, as described in subsection (a-5) of Section
24        11-1201 of this Code;
25            (ii) For drivers who are not required to always
26        stop, failing to stop before reaching the crossing, if

 

 

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1        the tracks are not clear, as described in subsection
2        (a) of Section 11-1201 of this Code;
3            (iii) For drivers who are always required to stop,
4        failing to stop before driving onto the crossing, as
5        described in Section 11-1202 of this Code;
6            (iv) For all drivers, failing to have sufficient
7        space to drive completely through the crossing without
8        stopping, as described in subsection (b) of Section
9        11-1425 of this Code;
10            (v) For all drivers, failing to obey a traffic
11        control device or the directions of an enforcement
12        official at the crossing, as described in subdivision
13        (a)2 of Section 11-1201 of this Code;
14            (vi) For all drivers, failing to negotiate a
15        crossing because of insufficient undercarriage
16        clearance, as described in subsection (d-1) of Section
17        11-1201 of this Code.
18        (2) Duration of disqualification for railroad-highway
19    grade crossing violation.
20            (i) First violation. A driver must be disqualified
21        from operating a commercial motor vehicle for not less
22        than 60 days if the driver is convicted of a violation
23        described in paragraph (1) of this subsection (j) and,
24        in the three-year period preceding the conviction, the
25        driver had no convictions for a violation described in
26        paragraph (1) of this subsection (j).

 

 

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1            (ii) Second violation. A driver must be
2        disqualified from operating a commercial motor vehicle
3        for not less than 120 days if the driver is convicted
4        of a violation described in paragraph (1) of this
5        subsection (j) and, in the three-year period preceding
6        the conviction, the driver had one other conviction for
7        a violation described in paragraph (1) of this
8        subsection (j) that was committed in a separate
9        incident.
10            (iii) Third or subsequent violation. A driver must
11        be disqualified from operating a commercial motor
12        vehicle for not less than one year if the driver is
13        convicted of a violation described in paragraph (1) of
14        this subsection (j) and, in the three-year period
15        preceding the conviction, the driver had 2 or more
16        other convictions for violations described in
17        paragraph (1) of this subsection (j) that were
18        committed in separate incidents.
19    (k) Upon notification of a disqualification of a driver's
20commercial motor vehicle privileges imposed by the U.S.
21Department of Transportation, Federal Motor Carrier Safety
22Administration, in accordance with 49 C.F.R. 383.52, the
23Secretary of State shall immediately record to the driving
24record the notice of disqualification and confirm to the driver
25the action that has been taken.
26(Source: P.A. 96-544, eff. 1-1-10; 96-1080, eff. 7-16-10;

 

 

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196-1244, eff. 1-1-11; 97-333, eff. 8-12-11; 97-1150, eff.
21-25-13.)
 
3    (625 ILCS 5/11-501)  (from Ch. 95 1/2, par. 11-501)
4    Sec. 11-501. Driving while under the influence of alcohol,
5other drug or drugs, intoxicating compound or compounds or any
6combination thereof.
7    (a) A person shall not drive or be in actual physical
8control of any vehicle within this State while:
9        (1) the alcohol concentration in the person's blood or
10    breath is 0.08 or more based on the definition of blood and
11    breath units in Section 11-501.2;
12        (2) under the influence of alcohol;
13        (3) under the influence of any intoxicating compound or
14    combination of intoxicating compounds to a degree that
15    renders the person incapable of driving safely;
16        (4) under the influence of any other drug or
17    combination of drugs to a degree that renders the person
18    incapable of safely driving;
19        (5) under the combined influence of alcohol, other drug
20    or drugs, or intoxicating compound or compounds to a degree
21    that renders the person incapable of safely driving; or
22        (6) there is any amount of a drug, substance, or
23    compound in the person's breath, blood, or urine resulting
24    from the unlawful use or consumption of cannabis listed in
25    the Cannabis Control Act, a controlled substance listed in

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        she was driving was not covered by a liability
2        insurance policy;
3            (J) the person in committing a violation of
4        subsection (a) was involved in a motor vehicle accident
5        that resulted in bodily harm, but not great bodily
6        harm, to the child under the age of 16 being
7        transported by the person, if the violation was the
8        proximate cause of the injury; or
9            (K) the person in committing a second violation of
10        subsection (a) or a similar provision was transporting
11        a person under the age of 16.
12        (2)(A) Except as provided otherwise, a person
13    convicted of aggravated driving under the influence of
14    alcohol, other drug or drugs, or intoxicating compound or
15    compounds, or any combination thereof is guilty of a Class
16    4 felony.
17        (B) A third violation of this Section or a similar
18    provision is a Class 2 felony. If at the time of the third
19    violation the alcohol concentration in his or her blood,
20    breath, or urine was 0.16 or more based on the definition
21    of blood, breath, or urine units in Section 11-501.2, a
22    mandatory minimum of 90 days of imprisonment and a
23    mandatory minimum fine of $2,500 shall be imposed in
24    addition to any other criminal or administrative sanction.
25    If at the time of the third violation, the defendant was
26    transporting a person under the age of 16, a mandatory fine

 

 

09800HB0001ham001- 191 -LRB098 02716 RLC 41653 a

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

 

 

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1    violation, the defendant was transporting a person under
2    the age of 16, a mandatory fine of $25,000, and 25 days of
3    community service in a program benefiting children shall be
4    imposed in addition to any other criminal or administrative
5    sanction.
6        (E) A sixth or subsequent violation of this Section or
7    similar provision is a Class X felony. If at the time of
8    the violation, the alcohol concentration in the
9    defendant's blood, breath, or urine was 0.16 or more based
10    on the definition of blood, breath, or urine units in
11    Section 11-501.2, a mandatory minimum fine of $5,000 shall
12    be imposed in addition to any other criminal or
13    administrative sanction. If at the time of the violation,
14    the defendant was transporting a person under the age of
15    16, a mandatory fine of $25,000 and 25 days of community
16    service in a program benefiting children shall be imposed
17    in addition to any other criminal or administrative
18    sanction.
19        (F) For a violation of subparagraph (C) of paragraph
20    (1) of this subsection (d), the defendant, if sentenced to
21    a term of imprisonment, shall be sentenced to not less than
22    one year nor more than 12 years.
23        (G) A violation of subparagraph (F) of paragraph (1) of
24    this subsection (d) is a Class 2 felony, for which the
25    defendant, unless the court determines that extraordinary
26    circumstances exist and require probation, shall be

 

 

09800HB0001ham001- 193 -LRB098 02716 RLC 41653 a

1    sentenced to: (i) a term of imprisonment of not less than 3
2    years and not more than 14 years if the violation resulted
3    in the death of one person; or (ii) a term of imprisonment
4    of not less than 6 years and not more than 28 years if the
5    violation resulted in the deaths of 2 or more persons.
6        (H) For a violation of subparagraph (J) of paragraph
7    (1) of this subsection (d), a mandatory fine of $2,500, and
8    25 days of community service in a program benefiting
9    children shall be imposed in addition to any other criminal
10    or administrative sanction.
11        (I) A violation of subparagraph (K) of paragraph (1) of
12    this subsection (d), is a Class 2 felony and a mandatory
13    fine of $2,500, and 25 days of community service in a
14    program benefiting children shall be imposed in addition to
15    any other criminal or administrative sanction. If the child
16    being transported suffered bodily harm, but not great
17    bodily harm, in a motor vehicle accident, and the violation
18    was the proximate cause of that injury, a mandatory fine of
19    $5,000 and 25 days of community service in a program
20    benefiting children shall be imposed in addition to any
21    other criminal or administrative sanction.
22        (J) A violation of subparagraph (D) of paragraph (1) of
23    this subsection (d) is a Class 3 felony, for which a
24    sentence of probation or conditional discharge may not be
25    imposed.
26        (3) Any person sentenced under this subsection (d) who

 

 

09800HB0001ham001- 194 -LRB098 02716 RLC 41653 a

1    receives a term of probation or conditional discharge must
2    serve a minimum term of either 480 hours of community
3    service or 10 days of imprisonment as a condition of the
4    probation or conditional discharge in addition to any other
5    criminal or administrative sanction.
6    (e) Any reference to a prior violation of subsection (a) or
7a similar provision includes any violation of a provision of a
8local ordinance or a provision of a law of another state or an
9offense committed on a military installation that is similar to
10a violation of subsection (a) of this Section.
11    (f) The imposition of a mandatory term of imprisonment or
12assignment of community service for a violation of this Section
13shall not be suspended or reduced by the court.
14    (g) Any penalty imposed for driving with a license that has
15been revoked for a previous violation of subsection (a) of this
16Section shall be in addition to the penalty imposed for any
17subsequent violation of subsection (a).
18    (h) For any prosecution under this Section, a certified
19copy of the driving abstract of the defendant shall be admitted
20as proof of any prior conviction.
21(Source: P.A. 96-289, eff. 8-11-09; 97-1150, eff. 1-25-13.)
 
22    (625 ILCS 5/11-501.1)
23    Sec. 11-501.1. Suspension of drivers license; statutory
24summary alcohol, other drug or drugs, or intoxicating compound
25or compounds related suspension or revocation; implied

 

 

09800HB0001ham001- 195 -LRB098 02716 RLC 41653 a

1consent.
2    (a) Any person who drives or is in actual physical control
3of a motor vehicle upon the public highways of this State shall
4be deemed to have given consent, subject to the provisions of
5Section 11-501.2, to a chemical test or tests of blood, breath,
6or urine for the purpose of determining the content of alcohol,
7other drug or drugs, or intoxicating compound or compounds or
8any combination thereof in the person's blood if arrested, as
9evidenced by the issuance of a Uniform Traffic Ticket, for any
10offense as defined in Section 11-501 or a similar provision of
11a local ordinance, or if arrested for violating Section 11-401.
12If a law enforcement officer has probable cause to believe the
13person was under the influence of alcohol, other drug or drugs,
14intoxicating compound or compounds, or any combination
15thereof, the law enforcement officer shall request a chemical
16test or tests which shall be administered at the direction of
17the arresting officer. The law enforcement agency employing the
18officer shall designate which of the aforesaid tests shall be
19administered. A urine test may be administered even after a
20blood or breath test or both has been administered. For
21purposes of this Section, an Illinois law enforcement officer
22of this State who is investigating the person for any offense
23defined in Section 11-501 may travel into an adjoining state,
24where the person has been transported for medical care, to
25complete an investigation and to request that the person submit
26to the test or tests set forth in this Section. The

 

 

09800HB0001ham001- 196 -LRB098 02716 RLC 41653 a

1requirements of this Section that the person be arrested are
2inapplicable, but the officer shall issue the person a Uniform
3Traffic Ticket for an offense as defined in Section 11-501 or a
4similar provision of a local ordinance prior to requesting that
5the person submit to the test or tests. The issuance of the
6Uniform Traffic Ticket shall not constitute an arrest, but
7shall be for the purpose of notifying the person that he or she
8is subject to the provisions of this Section and of the
9officer's belief of the existence of probable cause to arrest.
10Upon returning to this State, the officer shall file the
11Uniform Traffic Ticket with the Circuit Clerk of the county
12where the offense was committed, and shall seek the issuance of
13an arrest warrant or a summons for the person.
14    (a-5) In addition to the requirements and provisions of
15subsection (a), any person issued a registry card under the
16Compassionate Use of Medical Cannabis Pilot Program Act who
17drives or is in actual physical control of a motor vehicle upon
18the public highways of this State shall be deemed to have given
19consent, subject to the provisions of Section 11-501.2, to
20standardized field sobriety tests approved by the National
21Highway Traffic Safety Administration if arrested, as
22evidenced by the issuance of a Uniform Traffic Ticket, for any
23offense as defined in Section 11-501 or a similar provision of
24a local ordinance, or if arrested for violating Section 11-401.
25The person's status as a registry card holder alone is not a
26sufficient basis for conducting these tests. The officer must

 

 

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1have an independent, cannabis-related factual basis giving
2reasonable suspicion that the person is driving under the
3influence of cannabis for conducting standardized field
4sobriety tests. This independent basis of suspicion shall be
5listed on the standardized field sobriety test results and any
6influence reports made by the arresting officer.
7    (b) Any person who is dead, unconscious, or who is
8otherwise in a condition rendering the person incapable of
9refusal, shall be deemed not to have withdrawn the consent
10provided by paragraph (a) of this Section and the test or tests
11may be administered, subject to the provisions of Section
1211-501.2.
13    (c) A person requested to submit to a test as provided
14above shall be warned by the law enforcement officer requesting
15the test that a refusal to submit to the test will result in
16the statutory summary suspension of the person's privilege to
17operate a motor vehicle, as provided in Section 6-208.1 of this
18Code, and will also result in the disqualification of the
19person's privilege to operate a commercial motor vehicle, as
20provided in Section 6-514 of this Code, if the person is a CDL
21holder. The person shall also be warned that a refusal to
22submit to the test, when the person was involved in a motor
23vehicle accident that caused personal injury or death to
24another, will result in the statutory summary revocation of the
25person's privilege to operate a motor vehicle, as provided in
26Section 6-208.1, and will also result in the disqualification

 

 

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1of the person's privilege to operate a commercial motor
2vehicle, as provided in Section 6-514 of this Code, if the
3person is a CDL holder. The person shall also be warned by the
4law enforcement officer that if the person submits to the test
5or tests provided in paragraph (a) of this Section and the
6alcohol concentration in the person's blood or breath is 0.08
7or greater, or any amount of a drug, substance, or compound
8resulting from the unlawful use or consumption of cannabis as
9covered by the Cannabis Control Act, a controlled substance
10listed in the Illinois Controlled Substances Act, an
11intoxicating compound listed in the Use of Intoxicating
12Compounds Act, or methamphetamine as listed in the
13Methamphetamine Control and Community Protection Act is
14detected in the person's blood or urine, or if the person fails
15the standardized field sobriety tests as required by paragraph
16(a-5), a statutory summary suspension of the person's privilege
17to operate a motor vehicle, as provided in Sections 6-208.1 and
1811-501.1 of this Code, and a disqualification of the person's
19privilege to operate a commercial motor vehicle, as provided in
20Section 6-514 of this Code, if the person is a CDL holder, will
21be imposed.
22    A person who is under the age of 21 at the time the person
23is requested to submit to a test as provided above shall, in
24addition to the warnings provided for in this Section, be
25further warned by the law enforcement officer requesting the
26test that if the person submits to the test or tests provided

 

 

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1in paragraph (a) or (a-5) of this Section and the alcohol
2concentration in the person's blood or breath is greater than
30.00 and less than 0.08, a suspension of the person's privilege
4to operate a motor vehicle, as provided under Sections 6-208.2
5and 11-501.8 of this Code, will be imposed. The results of this
6test shall be admissible in a civil or criminal action or
7proceeding arising from an arrest for an offense as defined in
8Section 11-501 of this Code or a similar provision of a local
9ordinance or pursuant to Section 11-501.4 in prosecutions for
10reckless homicide brought under the Criminal Code of 1961 or
11the Criminal Code of 2012. These test results, however, shall
12be admissible only in actions or proceedings directly related
13to the incident upon which the test request was made.
14    (d) If the person refuses testing or submits to a test that
15discloses an alcohol concentration of 0.08 or more, or any
16amount of a drug, substance, or intoxicating compound in the
17person's breath, blood, or urine resulting from the unlawful
18use or consumption of cannabis listed in the Cannabis Control
19Act, a controlled substance listed in the Illinois Controlled
20Substances Act, an intoxicating compound listed in the Use of
21Intoxicating Compounds Act, or methamphetamine as listed in the
22Methamphetamine Control and Community Protection Act, the law
23enforcement officer shall immediately submit a sworn report to
24the circuit court of venue and the Secretary of State,
25certifying that the test or tests was or were requested under
26paragraph (a) or (a-5) and the person refused to submit to a

 

 

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1test, or tests, or submitted to testing that disclosed an
2alcohol concentration of 0.08 or more. A sworn report
3indicating refusal or failure of testing under paragraph (a-5)
4of this Section shall include the factual basis of the
5arresting officer's reasonable suspicion that the person was
6under the influence of cannabis. The person's possession of a
7valid registry card under the Compassionate Use of Medical
8Cannabis Pilot Program Act alone is not sufficient basis for
9reasonable suspicion.
10    (e) Upon receipt of the sworn report of a law enforcement
11officer submitted under paragraph (d), the Secretary of State
12shall enter the statutory summary suspension or revocation and
13disqualification for the periods specified in Sections 6-208.1
14and 6-514, respectively, and effective as provided in paragraph
15(g).
16    If the person is a first offender as defined in Section
1711-500 of this Code, and is not convicted of a violation of
18Section 11-501 of this Code or a similar provision of a local
19ordinance, then reports received by the Secretary of State
20under this Section shall, except during the actual time the
21Statutory Summary Suspension is in effect, be privileged
22information and for use only by the courts, police officers,
23prosecuting authorities or the Secretary of State, unless the
24person is a CDL holder, is operating a commercial motor vehicle
25or vehicle required to be placarded for hazardous materials, in
26which case the suspension shall not be privileged. Reports

 

 

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1received by the Secretary of State under this Section shall
2also be made available to the parent or guardian of a person
3under the age of 18 years that holds an instruction permit or a
4graduated driver's license, regardless of whether the
5statutory summary suspension is in effect. A statutory summary
6revocation shall not be privileged information.
7    (f) The law enforcement officer submitting the sworn report
8under paragraph (d) shall serve immediate notice of the
9statutory summary suspension or revocation on the person and
10the suspension or revocation and disqualification shall be
11effective as provided in paragraph (g).
12        (1) In cases where the blood alcohol concentration of
13    0.08 or greater or any amount of a drug, substance, or
14    compound resulting from the unlawful use or consumption of
15    cannabis as covered by the Cannabis Control Act, a
16    controlled substance listed in the Illinois Controlled
17    Substances Act, an intoxicating compound listed in the Use
18    of Intoxicating Compounds Act, or methamphetamine as
19    listed in the Methamphetamine Control and Community
20    Protection Act is established by a subsequent analysis of
21    blood or urine collected at the time of arrest, the
22    arresting officer or arresting agency shall give notice as
23    provided in this Section or by deposit in the United States
24    mail of the notice in an envelope with postage prepaid and
25    addressed to the person at his address as shown on the
26    Uniform Traffic Ticket and the statutory summary

 

 

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1    suspension and disqualification shall begin as provided in
2    paragraph (g). The officer shall confiscate any Illinois
3    driver's license or permit on the person at the time of
4    arrest. If the person has a valid driver's license or
5    permit, the officer shall issue the person a receipt, in a
6    form prescribed by the Secretary of State, that will allow
7    that person to drive during the periods provided for in
8    paragraph (g). The officer shall immediately forward the
9    driver's license or permit to the circuit court of venue
10    along with the sworn report provided for in paragraph (d).
11        (2) In cases indicating refusal or failure of testing
12    under paragraph (a-5) of this Section the arresting officer
13    or arresting agency shall give notice as provided in this
14    Section or by deposit in the United States mail of the
15    notice in an envelope with postage prepaid and addressed to
16    the person at his or her address as shown on the Uniform
17    Traffic Ticket and the statutory summary suspension and
18    disqualification shall begin as provided in paragraph (g).
19    This notice shall include the factual basis of the
20    arresting officer's reasonable suspicion that the person
21    was under the influence of cannabis. The person's
22    possession of a valid registry card under the Compassionate
23    Use of Medical Cannabis Pilot Program Act alone is not
24    sufficient basis for reasonable suspicion.
25    (g) The statutory summary suspension or revocation and
26disqualification referred to in this Section shall take effect

 

 

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1on the 46th day following the date the notice of the statutory
2summary suspension or revocation was given to the person.
3    (h) The following procedure shall apply whenever a person
4is arrested for any offense as defined in Section 11-501 or a
5similar provision of a local ordinance:
6    Upon receipt of the sworn report from the law enforcement
7officer, the Secretary of State shall confirm the statutory
8summary suspension or revocation by mailing a notice of the
9effective date of the suspension or revocation to the person
10and the court of venue. The Secretary of State shall also mail
11notice of the effective date of the disqualification to the
12person. However, should the sworn report be defective by not
13containing sufficient information or be completed in error, the
14confirmation of the statutory summary suspension or revocation
15shall not be mailed to the person or entered to the record;
16instead, the sworn report shall be forwarded to the court of
17venue with a copy returned to the issuing agency identifying
18any defect.
19    (i) As used in this Section, "personal injury" includes any
20Type A injury as indicated on the traffic accident report
21completed by a law enforcement officer that requires immediate
22professional attention in either a doctor's office or a medical
23facility. A Type A injury includes severely bleeding wounds,
24distorted extremities, and injuries that require the injured
25party to be carried from the scene.
26(Source: P.A. 96-1080, eff. 7-16-10; 96-1344, eff. 7-1-11;

 

 

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197-333, eff. 8-12-11; 97-471, eff. 8-22-11; 97-1150, eff.
21-25-13.)
 
3    (625 ILCS 5/11-501.2)  (from Ch. 95 1/2, par. 11-501.2)
4    Sec. 11-501.2. Chemical and other tests.
5    (a) Upon the trial of any civil or criminal action or
6proceeding arising out of an arrest for an offense as defined
7in Section 11-501 or a similar local ordinance or proceedings
8pursuant to Section 2-118.1, evidence of the concentration of
9alcohol, other drug or drugs, or intoxicating compound or
10compounds, or any combination thereof in a person's blood or
11breath at the time alleged, as determined by analysis of the
12person's blood, urine, breath or other bodily substance, shall
13be admissible. Where such test is made the following provisions
14shall apply:
15        1. Chemical analyses of the person's blood, urine,
16    breath or other bodily substance to be considered valid
17    under the provisions of this Section shall have been
18    performed according to standards promulgated by the
19    Department of State Police by a licensed physician,
20    registered nurse, trained phlebotomist, certified
21    paramedic, or other individual possessing a valid permit
22    issued by that Department for this purpose. The Director of
23    State Police is authorized to approve satisfactory
24    techniques or methods, to ascertain the qualifications and
25    competence of individuals to conduct such analyses, to

 

 

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1    issue permits which shall be subject to termination or
2    revocation at the discretion of that Department and to
3    certify the accuracy of breath testing equipment. The
4    Department of State Police shall prescribe regulations as
5    necessary to implement this Section.
6        2. When a person in this State shall submit to a blood
7    test at the request of a law enforcement officer under the
8    provisions of Section 11-501.1, only a physician
9    authorized to practice medicine, a licensed physician
10    assistant, a licensed advanced practice nurse, a
11    registered nurse, trained phlebotomist, or certified
12    paramedic, or other qualified person approved by the
13    Department of State Police may withdraw blood for the
14    purpose of determining the alcohol, drug, or alcohol and
15    drug content therein. This limitation shall not apply to
16    the taking of breath or urine specimens.
17        When a blood test of a person who has been taken to an
18    adjoining state for medical treatment is requested by an
19    Illinois law enforcement officer, the blood may be
20    withdrawn only by a physician authorized to practice
21    medicine in the adjoining state, a licensed physician
22    assistant, a licensed advanced practice nurse, a
23    registered nurse, a trained phlebotomist acting under the
24    direction of the physician, or certified paramedic. The law
25    enforcement officer requesting the test shall take custody
26    of the blood sample, and the blood sample shall be analyzed

 

 

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1    by a laboratory certified by the Department of State Police
2    for that purpose.
3        3. The person tested may have a physician, or a
4    qualified technician, chemist, registered nurse, or other
5    qualified person of their own choosing administer a
6    chemical test or tests in addition to any administered at
7    the direction of a law enforcement officer. The failure or
8    inability to obtain an additional test by a person shall
9    not preclude the admission of evidence relating to the test
10    or tests taken at the direction of a law enforcement
11    officer.
12        4. Upon the request of the person who shall submit to a
13    chemical test or tests at the request of a law enforcement
14    officer, full information concerning the test or tests
15    shall be made available to the person or such person's
16    attorney.
17        5. Alcohol concentration shall mean either grams of
18    alcohol per 100 milliliters of blood or grams of alcohol
19    per 210 liters of breath.
20    (a-5) Law enforcement officials may use standardized field
21sobriety tests approved by the National Highway Traffic Safety
22Administration when conducting investigations of a violation
23of Section 11-501 or similar local ordinance by drivers
24suspected of driving under the influence of cannabis. The
25General Assembly finds that standardized field sobriety tests
26approved by the National Highway Traffic Safety Administration

 

 

09800HB0001ham001- 207 -LRB098 02716 RLC 41653 a

1are divided attention tasks that are intended to determine if a
2person is under the influence of cannabis. The purpose of these
3tests is to determine the effect of the use of cannabis on a
4person's capacity to think and act with ordinary care and
5therefore operate a motor vehicle safely. Therefore, the
6results of these standardized field sobriety tests,
7appropriately administered, shall be admissible in the trial of
8any civil or criminal action or proceeding arising out of an
9arrest for a cannabis-related offense as defined in Section
1011-501 or a similar local ordinance or proceedings under
11Section 2-118.1. Where a test is made the following provisions
12shall apply:
13        1. The person tested may have a physician, or a
14    qualified technician, chemist, registered nurse, or other
15    qualified person of their own choosing administer a
16    chemical test or tests in addition to the standardized
17    field sobriety test or tests administered at the direction
18    of a law enforcement officer. The failure or inability to
19    obtain an additional test by a person does not preclude the
20    admission of evidence relating to the test or tests taken
21    at the direction of a law enforcement officer.
22        2. Upon the request of the person who shall submit to a
23    standardized field sobriety test or tests at the request of
24    a law enforcement officer, full information concerning the
25    test or tests shall be made available to the person or the
26    person's attorney.

 

 

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1        3. At the trial of any civil or criminal action or
2    proceeding arising out of an arrest for an offense as
3    defined in Section 11-501 or a similar local ordinance or
4    proceedings under Section 2-118.1 in which the results of
5    these standardized field sobriety tests are admitted, the
6    cardholder may present and the trier of fact may consider
7    evidence that the card holder lacked the physical capacity
8    to perform the standardized field sobriety tests.
9    (b) Upon the trial of any civil or criminal action or
10proceeding arising out of acts alleged to have been committed
11by any person while driving or in actual physical control of a
12vehicle while under the influence of alcohol, the concentration
13of alcohol in the person's blood or breath at the time alleged
14as shown by analysis of the person's blood, urine, breath, or
15other bodily substance shall give rise to the following
16presumptions:
17        1. If there was at that time an alcohol concentration
18    of 0.05 or less, it shall be presumed that the person was
19    not under the influence of alcohol.
20        2. If there was at that time an alcohol concentration
21    in excess of 0.05 but less than 0.08, such facts shall not
22    give rise to any presumption that the person was or was not
23    under the influence of alcohol, but such fact may be
24    considered with other competent evidence in determining
25    whether the person was under the influence of alcohol.
26        3. If there was at that time an alcohol concentration

 

 

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1    of 0.08 or more, it shall be presumed that the person was
2    under the influence of alcohol.
3        4. The foregoing provisions of this Section shall not
4    be construed as limiting the introduction of any other
5    relevant evidence bearing upon the question whether the
6    person was under the influence of alcohol.
7    (c) 1. If a person under arrest refuses to submit to a
8chemical test under the provisions of Section 11-501.1,
9evidence of refusal shall be admissible in any civil or
10criminal action or proceeding arising out of acts alleged to
11have been committed while the person under the influence of
12alcohol, other drug or drugs, or intoxicating compound or
13compounds, or any combination thereof was driving or in actual
14physical control of a motor vehicle.
15    2. Notwithstanding any ability to refuse under this Code to
16submit to these tests or any ability to revoke the implied
17consent to these tests, if a law enforcement officer has
18probable cause to believe that a motor vehicle driven by or in
19actual physical control of a person under the influence of
20alcohol, other drug or drugs, or intoxicating compound or
21compounds, or any combination thereof has caused the death or
22personal injury to another, the law enforcement officer shall
23request, and that person shall submit, upon the request of a
24law enforcement officer, to a chemical test or tests of his or
25her blood, breath or urine for the purpose of determining the
26alcohol content thereof or the presence of any other drug or

 

 

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1combination of both.
2    This provision does not affect the applicability of or
3imposition of driver's license sanctions under Section
411-501.1 of this Code.
5    3. For purposes of this Section, a personal injury includes
6any Type A injury as indicated on the traffic accident report
7completed by a law enforcement officer that requires immediate
8professional attention in either a doctor's office or a medical
9facility. A Type A injury includes severe bleeding wounds,
10distorted extremities, and injuries that require the injured
11party to be carried from the scene.
12(Source: P.A. 96-289, eff. 8-11-09; 97-450, eff. 8-19-11;
1397-471, eff. 8-22-11; 97-813, eff. 7-13-12.)
 
14    (625 ILCS 5/11-502.1 new)
15    Sec. 11-502.1. Possession of medical cannabis in a motor
16vehicle.
17    (a) No driver, who is a medical cannabis cardholder, may
18use medical cannabis within the passenger area of any motor
19vehicle upon a highway in this State.
20    (b) No driver, who is a medical cannabis cardholder, a
21medical cannabis designated caregiver, medical cannabis
22cultivation center agent, or dispensing organization agent may
23possess medical cannabis within any area of any motor vehicle
24upon a highway in this State except in a sealed, tamper-evident
25medical cannabis container.

 

 

09800HB0001ham001- 211 -LRB098 02716 RLC 41653 a

1    (c) No passenger, who is a medical cannabis card holder, a
2medical cannabis designated caregiver, or medical cannabis
3dispensing organization agent may possess medical cannabis
4within any passenger area of any motor vehicle upon a highway
5in this State except in a sealed, tamper-evident medical
6cannabis container.
7    (d) Any person who violates subsections (a) through (c) of
8this Section:
9        (1) commits a Class A misdemeanor;
10        (2) shall be subject to revocation of his or her
11    medical cannabis card for a period of 2 years from the end
12    of the sentence imposed;
13        (4) shall be subject to revocation of his or her status
14    as a medical cannabis caregiver, medical cannabis
15    cultivation center agent, or medical cannabis dispensing
16    organization agent for a period of 2 years from the end of
17    the sentence imposed.
 
18    Section 997. Severability. The provisions of this Act are
19severable under Section 1.31 of the Statute on Statutes.
 
20    Section 999. Effective date. This Act takes effect upon
21becoming law.".