HB0001 EnrolledLRB098 02716 MLW 32724 b

1    AN ACT concerning alternative treatment for serious
2diseases causing chronic pain and debilitating conditions.
 
3    Be it enacted by the People of the State of Illinois,
4represented in the General Assembly:
 
5    Section 1. Short title. This Act may be cited as the
6Compassionate Use of Medical Cannabis Pilot Program Act.
 
7    Section 5. Findings.
8    (a) The recorded use of cannabis as a medicine goes back
9nearly 5,000 years. Modern medical research has confirmed the
10beneficial uses of cannabis in treating or alleviating the
11pain, nausea, and other symptoms associated with a variety of
12debilitating medical conditions, including cancer, multiple
13sclerosis, and HIV/AIDS, as found by the National Academy of
14Sciences' Institute of Medicine in March 1999.
15    (b) Studies published since the 1999 Institute of Medicine
16report continue to show the therapeutic value of cannabis in
17treating a wide array of debilitating medical conditions. These
18include relief of the neuropathic pain caused by multiple
19sclerosis, HIV/AIDS, and other illnesses that often fail to
20respond to conventional treatments and relief of nausea,
21vomiting, and other side effects of drugs used to treat
22HIV/AIDS and hepatitis C, increasing the chances of patients
23continuing on life-saving treatment regimens.

 

 

HB0001 Enrolled- 2 -LRB098 02716 MLW 32724 b

1    (c) Cannabis has many currently accepted medical uses in
2the United States, having been recommended by thousands of
3licensed physicians to at least 600,000 patients in states with
4medical cannabis laws. The medical utility of cannabis is
5recognized by a wide range of medical and public health
6organizations, including the American Academy of HIV Medicine,
7the American College of Physicians, the American Nurses
8Association, the American Public Health Association, the
9Leukemia & Lymphoma Society, and many others.
10    (d) Data from the Federal Bureau of Investigation's Uniform
11Crime Reports and the Compendium of Federal Justice Statistics
12show that approximately 99 out of every 100 cannabis arrests in
13the U.S. are made under state law, rather than under federal
14law. Consequently, changing State law will have the practical
15effect of protecting from arrest the vast majority of seriously
16ill patients who have a medical need to use cannabis.
17    (e) Alaska, Arizona, California, Colorado, Connecticut,
18Delaware, Hawaii, Maine, Massachusetts, Michigan, Montana,
19Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont,
20Washington, and Washington, D.C. have removed state-level
21criminal penalties from the medical use and cultivation of
22cannabis. Illinois joins in this effort for the health and
23welfare of its citizens.
24    (f) States are not required to enforce federal law or
25prosecute people for engaging in activities prohibited by
26federal law. Therefore, compliance with this Act does not put

 

 

HB0001 Enrolled- 3 -LRB098 02716 MLW 32724 b

1the State of Illinois in violation of federal law.
2    (g) State law should make a distinction between the medical
3and non-medical uses of cannabis. Hence, the purpose of this
4Act is to protect patients with debilitating medical
5conditions, as well as their physicians and providers, from
6arrest and prosecution, criminal and other penalties, and
7property forfeiture if the patients engage in the medical use
8of cannabis.
 
9    Section 10. Definitions. The following terms, as used in
10this Act, shall have the meanings set forth in this Section:
11    (a) "Adequate supply" means:
12        (1) 2.5 ounces of usable cannabis during a period of 14
13    days and that is derived solely from an intrastate source.
14        (2) Subject to the rules of the Department of Public
15    Health, a patient may apply for a waiver where a physician
16    provides a substantial medical basis in a signed, written
17    statement asserting that, based on the patient's medical
18    history, in the physician's professional judgment, 2.5
19    ounces is an insufficient adequate supply for a 14-day
20    period to properly alleviate the patient's debilitating
21    medical condition or symptoms associated with the
22    debilitating medical condition.
23        (3) This subsection may not be construed to authorize
24    the possession of more than 2.5 ounces at any time without
25    authority from the Department of Public Health.

 

 

HB0001 Enrolled- 4 -LRB098 02716 MLW 32724 b

1        (4) The pre-mixed weight of medical cannabis used in
2    making a cannabis infused product shall apply toward the
3    limit on the total amount of medical cannabis a registered
4    qualifying patient may possess at any one time.
5    (b) "Cannabis" has the meaning given that term in Section 3
6of the Cannabis Control Act.
7    (c) "Cannabis plant monitoring system" means a system that
8includes, but is not limited to, testing and data collection
9established and maintained by the registered cultivation
10center and available to the Department for the purposes of
11documenting each cannabis plant and for monitoring plant
12development throughout the life cycle of a cannabis plant
13cultivated for the intended use by a qualifying patient from
14seed planting to final packaging.
15    (d) "Cardholder" means a qualifying patient or a designated
16caregiver who has been issued and possesses a valid registry
17identification card by the Department of Public Health.
18    (e) "Cultivation center" means a facility operated by an
19organization or business that is registered by the Department
20of Agriculture to perform necessary activities to provide only
21registered medical cannabis dispensing organizations with
22usable medical cannabis.
23    (f) "Cultivation center agent" means a principal officer,
24board member, employee, or agent of a registered cultivation
25center who is 21 years of age or older and has not been
26convicted of an excluded offense.

 

 

HB0001 Enrolled- 5 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 6 -LRB098 02716 MLW 32724 b

1    treatment that is added by the Department of Public Health
2    by rule as provided in Section 45.
3    (i) "Designated caregiver" means a person who: (1) is at
4least 21 years of age; (2) has agreed to assist with a
5patient's medical use of cannabis; (3) has not been convicted
6of an excluded offense; and (4) assists no more than one
7registered qualifying patient with his or her medical use of
8cannabis.
9    (j) "Dispensing organization agent identification card"
10means a document issued by the Department of Financial and
11Professional Regulation that identifies a person as a medical
12cannabis dispensing organization agent.
13    (k) "Enclosed, locked facility" means a room, greenhouse,
14building, or other enclosed area equipped with locks or other
15security devices that permit access only by a cultivation
16center's agents or a dispensing organization's agent working
17for the registered cultivation center or the registered
18dispensing organization to cultivate, store, and distribute
19cannabis for registered qualifying patients.
20    (l) "Excluded offense" means:
21        (1) a violent crime defined in Section 3 of the Rights
22    of Crime Victims and Witnesses Act or a substantially
23    similar offense that was classified as a felony in the
24    jurisdiction where the person was convicted; or
25        (2) a violation of a state or federal controlled
26    substance law that was classified as a felony in the

 

 

HB0001 Enrolled- 7 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 8 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 9 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 10 -LRB098 02716 MLW 32724 b

1debilitating medical condition and specifying the debilitating
2medical condition the qualifying patient has; and (3) that the
3patient is under the physician's care for the debilitating
4medical condition. A written certification shall be made only
5in the course of a bona fide physician-patient relationship,
6after the physician has completed an assessment of the
7qualifying patient's medical history, reviewed relevant
8records related to the patient's debilitating condition, and
9conducted a physical examination.
10    A veteran who has received treatment at a VA hospital shall
11be deemed to have a bona fide physician-patient relationship
12with a VA physician if the patient has been seen for his or her
13debilitating medical condition at the VA Hospital in accordance
14with VA Hospital protocols.
15    A bona fide physician-patient relationship under this
16subsection is a privileged communication within the meaning of
17Section 8-802 of the Code of Civil Procedure.
 
18    Section 15. Authority.
19    (a) It is the duty of the Department of Public Health to
20enforce the following provisions of this Act unless otherwise
21provided for by this Act:
22        (1) establish and maintain a confidential registry of
23    qualifying patients authorized to engage in the medical use
24    of cannabis and their caregivers;
25        (2) distribute educational materials about the health

 

 

HB0001 Enrolled- 11 -LRB098 02716 MLW 32724 b

1    risks associated with the abuse of cannabis and
2    prescription medications;
3        (3) adopt rules to administer the patient and caregiver
4    registration program; and
5        (4) adopt rules establishing food handling
6    requirements for cannabis-infused products that are
7    prepared for human consumption.
8    (b) It is the duty of the Department of Agriculture to
9enforce the provisions of this Act relating to the registration
10and oversight of cultivation centers unless otherwise provided
11for in this Act.
12    (c) It is the duty of the Department of Financial and
13Professional Regulation to enforce the provisions of this Act
14relating to the registration and oversight of dispensing
15organizations unless otherwise provided for in this Act.
16    (d) The Department of Public Health, the Department of
17Agriculture, or the Department of Financial and Professional
18Regulation shall enter into intergovernmental agreements, as
19necessary, to carry out the provisions of this Act including,
20but not limited to, the provisions relating to the registration
21and oversight of cultivation centers, dispensing
22organizations, and qualifying patients and caregivers.
23    (e) The Department of Public Health, Department of
24Agriculture, or the Department of Financial and Professional
25Regulation may suspend or revoke a registration for violations
26of this Act and any rules adopted in accordance thereto. The

 

 

HB0001 Enrolled- 12 -LRB098 02716 MLW 32724 b

1suspension or revocation of a registration is a final Agency
2action, subject to judicial review. Jurisdiction and venue for
3judicial review are vested in the Circuit Court.
 
4    Section 20. Compassionate Use of Medical Cannabis Fund.
5    (a) There is created the Compassionate Use of Medical
6Cannabis Fund in the State Treasury to be used exclusively for
7the direct and indirect costs associated with the
8implementation, administration, and enforcement of this Act.
9Funds in excess of the direct and indirect costs associated
10with the implementation, administration, and enforcement of
11this Act shall be used to fund crime prevention programs.
12    (b) All monies collected under this Act shall be deposited
13in the Compassionate Use of Medical Cannabis Fund in the State
14treasury. All earnings received from investment of monies in
15the Compassionate Use of Medical Cannabis Fund shall be
16deposited in the Compassionate Use of Medical Cannabis Fund.
17    (c) Notwithstanding any other law to the contrary, the
18Compassionate Use of Medical Cannabis Fund is not subject to
19sweeps, administrative charge-backs, or any other fiscal or
20budgetary maneuver that would in any way transfer any amounts
21from the Compassionate Use of Medical Cannabis Fund into any
22other fund of the State.
 
23    Section 25. Immunities and presumptions related to the
24medical use of cannabis.

 

 

HB0001 Enrolled- 13 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 14 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 15 -LRB098 02716 MLW 32724 b

1that, in the physician's professional opinion, a patient is
2likely to receive therapeutic or palliative benefit from the
3medical use of cannabis to treat or alleviate the patient's
4debilitating medical condition or symptoms associated with the
5debilitating medical condition, provided that nothing shall
6prevent a professional licensing or disciplinary board from
7sanctioning a physician for: (1) issuing a written
8certification to a patient who is not under the physician's
9care for a debilitating medical condition; or (2) failing to
10properly evaluate a patient's medical condition or otherwise
11violating the standard of care for evaluating medical
12conditions.
13    (f) No person may be subject to arrest, prosecution, or
14denial of any right or privilege, including but not limited to
15civil penalty or disciplinary action by an occupational or
16professional licensing board, solely for: (1) selling cannabis
17paraphernalia to a cardholder upon presentation of an unexpired
18registry identification card in the recipient's name, if
19employed and registered as a dispensing agent by a registered
20dispensing organization; (2) being in the presence or vicinity
21of the medical use of cannabis as allowed under this Act; or
22(3) assisting a registered qualifying patient with the act of
23administering cannabis.
24    (g) A registered cultivation center is not subject to
25prosecution; search or inspection, except by the Department of
26Agriculture, Department of Public Health, or State or local law

 

 

HB0001 Enrolled- 16 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 17 -LRB098 02716 MLW 32724 b

1qualifying patients.
2    (j) A registered dispensing organization agent is not
3subject to prosecution, search, or penalty in any manner, or be
4denied any right or privilege, including but not limited to
5civil penalty or disciplinary action by a business licensing
6board or entity, for working or volunteering for a dispensing
7organization under this Act and Department of Financial and
8Professional Regulation rules, including to perform the
9actions listed under subsection (i).
10    (k) Any cannabis, cannabis paraphernalia, illegal
11property, or interest in legal property that is possessed,
12owned, or used in connection with the medical use of cannabis
13as allowed under this Act, or acts incidental to that use, may
14not be seized or forfeited. This Act does not prevent the
15seizure or forfeiture of cannabis exceeding the amounts allowed
16under this Act, nor shall it prevent seizure or forfeiture if
17the basis for the action is unrelated to the cannabis that is
18possessed, manufactured, transferred, or used under this Act.
19    (l) Mere possession of, or application for, a registry
20identification card or registration certificate does not
21constitute probable cause or reasonable suspicion, nor shall it
22be used as the sole basis to support the search of the person,
23property, or home of the person possessing or applying for the
24registry identification card. The possession of, or
25application for, a registry identification card does not
26preclude the existence of probable cause if probable cause

 

 

HB0001 Enrolled- 18 -LRB098 02716 MLW 32724 b

1exists on other grounds.
2    (m) Nothing in this Act shall preclude local or State law
3enforcement agencies from searching a registered cultivation
4center where there is probable cause to believe that the
5criminal laws of this State have been violated and the search
6is conducted in conformity with the Illinois Constitution, the
7Constitution of the United States, and all State statutes.
8    (n) Nothing in this Act shall preclude local or state law
9enforcement agencies from searching a registered dispensing
10organization where there is probable cause to believe that the
11criminal laws of this State have been violated and the search
12is conducted in conformity with the Illinois Constitution, the
13Constitution of the United States, and all State statutes.
14    (o) No individual employed by the State of Illinois shall
15be subject to criminal or civil penalties for taking any action
16in accordance with the provisions of this Act, when the actions
17are within the scope of his or her employment. Representation
18and indemnification of State employees shall be provided to
19State employees as set forth in Section 2 of the State Employee
20Indemnification Act.
 
21    Section 30. Limitations and penalties.
22    (a) This Act does not permit any person to engage in, and
23does not prevent the imposition of any civil, criminal, or
24other penalties for engaging in, the following conduct:
25        (1) Undertaking any task under the influence of

 

 

HB0001 Enrolled- 19 -LRB098 02716 MLW 32724 b

1    cannabis, when doing so would constitute negligence,
2    professional malpractice, or professional misconduct;
3        (2) Possessing cannabis:
4            (A) in a school bus;
5            (B) on the grounds of any preschool or primary or
6        secondary school;
7            (C) in any correctional facility;
8            (D) in a vehicle under Section 11-502.1 of the
9        Illinois Vehicle Code;
10            (E) in a vehicle not open to the public unless the
11        medical cannabis is in a reasonably secured, sealed,
12        tamper-evident container and reasonably inaccessible
13        while the vehicle is moving; or
14            (F) in a private residence that is used at any time
15        to provide licensed child care or other similar social
16        service care on the premises;
17        (3) Using cannabis:
18            (A) in a school bus;
19            (B) on the grounds of any preschool or primary or
20        secondary school;
21            (C) in any correctional facility;
22            (D) in any motor vehicle;
23            (E) in a private residence that is used at any time
24        to provide licensed child care or other similar social
25        service care on the premises;
26            (F) in any public place. "Public place" as used in

 

 

HB0001 Enrolled- 20 -LRB098 02716 MLW 32724 b

1        this subsection means any place where an individual
2        could reasonably be expected to be observed by others.
3        A "public place" includes all parts of buildings owned
4        in whole or in part, or leased, by the State or a local
5        unit of government. A "public place" does not include a
6        private residence unless the private residence is used
7        to provide licensed child care, foster care, or other
8        similar social service care on the premises. For
9        purposes of this subsection, a "public place" does not
10        include a health care facility. For purposes of this
11        Section, a "health care facility" includes, but is not
12        limited to, hospitals, nursing homes, hospice care
13        centers, and long-term care facilities;
14            (G) knowingly in close physical proximity to
15        anyone under the age of 18 years of age;
16        (4) Smoking medical cannabis in any public place where
17    an individual could reasonably be expected to be observed
18    by others, in a health care facility, or any other place
19    where smoking is prohibited under the Smoke Free Illinois
20    Act;
21        (5) Operating, navigating, or being in actual physical
22    control of any motor vehicle, aircraft, or motorboat while
23    using or under the influence of cannabis in violation of
24    Sections 11-501 and 11-502.1 of the Illinois Vehicle Code;
25        (6) Using or possessing cannabis if that person does
26    not have a debilitating medical condition and is not a

 

 

HB0001 Enrolled- 21 -LRB098 02716 MLW 32724 b

1    registered qualifying patient or caregiver;
2        (7) Allowing any person who is not allowed to use
3    cannabis under this Act to use cannabis that a cardholder
4    is allowed to possess under this Act;
5        (8) Transferring cannabis to any person contrary to the
6    provisions of this Act;
7        (9) The use of medical cannabis by an active duty law
8    enforcement officer, correctional officer, correctional
9    probation officer, or firefighter; or
10        (10) The use of medical cannabis by a person who has a
11    school bus permit or a Commercial Driver's License.
12    (b) Nothing in this Act shall be construed to prevent the
13arrest or prosecution of a registered qualifying patient for
14reckless driving or driving under the influence of cannabis
15where probable cause exists.
16    (c) Notwithstanding any other criminal penalties related
17to the unlawful possession of cannabis, knowingly making a
18misrepresentation to a law enforcement official of any fact or
19circumstance relating to the medical use of cannabis to avoid
20arrest or prosecution is a petty offense punishable by a fine
21of up to $1,000, which shall be in addition to any other
22penalties that may apply for making a false statement or for
23the use of cannabis other than use undertaken under this Act.
24    (d) Notwithstanding any other criminal penalties related
25to the unlawful possession of cannabis, any person who makes a
26misrepresentation of a medical condition to a physician or

 

 

HB0001 Enrolled- 22 -LRB098 02716 MLW 32724 b

1fraudulently provides material misinformation to a physician
2in order to obtain a written certification is guilty of a petty
3offense punishable by a fine of up to $1,000.
4    (e) Any cardholder or registered caregiver who sells
5cannabis shall have his or her registry identification card
6revoked and is subject to other penalties for the unauthorized
7sale of cannabis.
8    (f) Any registered qualifying patient who commits a
9violation of Section 11-502.1 of the Illinois Vehicle Code or
10refuses a properly requested test related to operating a motor
11vehicle while under the influence of cannabis shall have his or
12her registry identification card revoked.
13    (g) No registered qualifying patient or designated
14caregiver shall knowingly obtain, seek to obtain, or possess,
15individually or collectively, an amount of usable cannabis from
16a registered medical cannabis dispensing organization that
17would cause him or her to exceed the authorized adequate supply
18under subsection (a) of Section 10.
19    (h) Nothing in this Act shall prevent a private business
20from restricting or prohibiting the medical use of cannabis on
21its property.
22    (i) Nothing in this Act shall prevent a university,
23college, or other institution of post-secondary education from
24restricting or prohibiting the use of medical cannabis on its
25property.
 

 

 

HB0001 Enrolled- 23 -LRB098 02716 MLW 32724 b

1    Section 35. Physician requirements.
2    (a) A physician who certifies a debilitating medical
3condition for a qualifying patient shall comply with all of the
4following requirements:
5        (1) The Physician shall be currently licensed under the
6    Medical Practice Act of 1987 to practice medicine in all
7    its branches and in good standing, and must hold a
8    controlled substances license under Article III of the
9    Illinois Controlled Substances Act.
10        (2) A physician making a medical cannabis
11    recommendation shall comply with generally accepted
12    standards of medical practice, the provisions of the
13    Medical Practice Act of 1987 and all applicable rules.
14        (3) The physical examination required by this Act may
15    not be performed by remote means, including telemedicine.
16        (4) The physician shall maintain a record-keeping
17    system for all patients for whom the physician has
18    recommended the medical use of cannabis. These records
19    shall be accessible to and subject to review by the
20    Department of Public Health and the Department of Financial
21    and Professional Regulation upon request.
22    (b) A physician may not:
23        (1) accept, solicit, or offer any form of remuneration
24    from or to a qualifying patient, primary caregiver,
25    cultivation center, or dispensing organization, including
26    each principal officer, board member, agent, and employee

 

 

HB0001 Enrolled- 24 -LRB098 02716 MLW 32724 b

1    other than accepting payment from a patient for the fee
2    associated with the examination required prior to
3    certifying a qualifying patient;
4        (2) offer a discount of any other item of value to a
5    qualifying patient who uses or agrees to use a particular
6    primary caregiver or dispensing organization to obtain
7    medical cannabis;
8        (3) conduct a personal physical examination of a
9    patient for purposes of diagnosing a debilitating medical
10    condition at a location where medical cannabis is sold or
11    distributed or at the address of a principal officer,
12    agent, or employee or a medical cannabis organization;
13        (4) hold a direct or indirect economic interest in a
14    cultivation center or dispensing organization if he or she
15    recommends the use of medical cannabis to qualified
16    patients or is in a partnership or other fee or
17    profit-sharing relationship with a physician who
18    recommends medical cannabis;
19        (5) serve on the board of directors or as an employee
20    of a cultivation center or dispensing organization;
21        (6) refer patients to a cultivation center, a
22    dispensing organization, or a registered designated
23    caregiver; or
24        (7) advertise in a cultivation center or a dispensing
25    organization.
26    (c) The Department of Public Health may with reasonable

 

 

HB0001 Enrolled- 25 -LRB098 02716 MLW 32724 b

1cause refer a physician, who has certified a debilitating
2medical condition of a patient, to the Illinois Department of
3Financial and Professional Regulation for potential violations
4of this Section.
5    (d) Any violation of this Section or any other provision of
6this Act or rules adopted under this Act is a violation of the
7Medical Practice Act of 1987.
 
8    Section 40. Discrimination prohibited.
9    (a)(1) No school, employer, or landlord may refuse to
10enroll or lease to, or otherwise penalize, a person solely for
11his or her status as a registered qualifying patient or a
12registered designated caregiver, unless failing to do so would
13put the school, employer, or landlord in violation of federal
14law or unless failing to do so would cause it to lose a
15monetary or licensing-related benefit under federal law or
16rules. This does not prevent a landlord from prohibiting the
17smoking of cannabis on the premises.
18    (2) For the purposes of medical care, including organ
19transplants, a registered qualifying patient's authorized use
20of cannabis in accordance with this Act is considered the
21equivalent of the authorized use of any other medication used
22at the direction of a physician, and may not constitute the use
23of an illicit substance or otherwise disqualify a qualifying
24patient from needed medical care.
25    (b) A person otherwise entitled to custody of or visitation

 

 

HB0001 Enrolled- 26 -LRB098 02716 MLW 32724 b

1or parenting time with a minor may not be denied that right,
2and there is no presumption of neglect or child endangerment,
3for conduct allowed under this Act, unless the person's actions
4in relation to cannabis were such that they created an
5unreasonable danger to the safety of the minor as established
6by clear and convincing evidence.
7    (c) No school, landlord, or employer may be penalized or
8denied any benefit under State law for enrolling, leasing to,
9or employing a cardholder.
10    (d) Nothing in this Act may be construed to require a
11government medical assistance program or private health
12insurer to reimburse a person for costs associated with the
13medical use of cannabis.
14    (e) Nothing in this Act may be construed to require any
15person or establishment in lawful possession of property to
16allow a guest, client, customer, or visitor who is a registered
17qualifying patient to use cannabis on or in that property.
 
18    Section 45. Addition of debilitating medical conditions.
19Any citizen may petition the Department of Public Health to add
20debilitating conditions or treatments to the list of
21debilitating medical conditions listed in subsection (h) of
22Section 10. The Department of Public Health shall consider
23petitions in the manner required by Department rule, including
24public notice and hearing. The Department shall approve or deny
25a petition within 180 days of its submission, and, upon

 

 

HB0001 Enrolled- 27 -LRB098 02716 MLW 32724 b

1approval, shall proceed to add that condition by rule in
2accordance with the Administrative Procedure Act. The approval
3or denial of any petition is a final decision of the
4Department, subject to judicial review. Jurisdiction and venue
5are vested in the Circuit Court.
 
6    Section 50. Employment; employer liability.
7    (a) Nothing in this Act shall prohibit an employer from
8adopting reasonable regulations concerning the consumption,
9storage, or timekeeping requirements for qualifying patients
10related to the use of medical cannabis.
11    (b) Nothing in this Act shall prohibit an employer from
12enforcing a policy concerning drug testing, zero-tolerance, or
13a drug free workplace provided the policy is applied in a
14nondiscriminatory manner.
15    (c) Nothing in this Act shall limit an employer from
16disciplining a registered qualifying patient for violating a
17workplace drug policy.
18    (d) Nothing in this Act shall limit an employer's ability
19to discipline an employee for failing a drug test if failing to
20do so would put the employer in violation of federal law or
21cause it to lose a federal contract or funding.
22    (e) Nothing in this Act shall be construed to create a
23defense for a third party who fails a drug test.
24    (f) An employer may consider a registered qualifying
25patient to be impaired when he or she manifests specific,

 

 

HB0001 Enrolled- 28 -LRB098 02716 MLW 32724 b

1articulable symptoms while working that decrease or lessen his
2or her performance of the duties or tasks of the employee's job
3position, including symptoms of the employee's speech,
4physical dexterity, agility, coordination, demeanor,
5irrational or unusual behavior, negligence or carelessness in
6operating equipment or machinery, disregard for the safety of
7the employee or others, or involvement in an accident that
8results in serious damage to equipment or property, disruption
9of a production or manufacturing process, or carelessness that
10results in any injury to the employee or others. If an employer
11elects to discipline a qualifying patient under this
12subsection, it must afford the employee a reasonable
13opportunity to contest the basis of the determination.
14    (g) Nothing in this Act shall be construed to create or
15imply a cause of action for any person against an employer for:
16(1) actions based on the employer's good faith belief that a
17registered qualifying patient used or possessed cannabis while
18on the employer's premises or during the hours of employment;
19(2) actions based on the employer's good faith belief that a
20registered qualifying patient was impaired while working on the
21employer's premises during the hours of employment; (3) injury
22or loss to a third party if the employer neither knew nor had
23reason to know that the employee was impaired.
24    (h) Nothing in this Act shall be construed to interfere
25with any federal restrictions on employment including but not
26limited to the United States Department of Transportation

 

 

HB0001 Enrolled- 29 -LRB098 02716 MLW 32724 b

1regulation 49 CFR 40.151(e).
 
2    Section 55. Registration of qualifying patients and
3designated caregivers.
4    (a) The Department of Public Health shall issue registry
5identification cards to qualifying patients and designated
6caregivers who submit a completed application, and at minimum,
7the following, in accordance with Department of Public Health
8rules:
9        (1) A written certification, on a form developed by the
10    Department of Public Health and issued by a physician,
11    within 90 days immediately preceding the date of an
12    application;
13        (2) upon the execution of applicable privacy waivers,
14    the patient's medical documentation related to his or her
15    debilitating condition and any other information that may
16    be reasonably required by the Department of Public Health
17    to confirm that the physician and patient have a bona fide
18    physician-patient relationship, that the qualifying
19    patient is in the physician's care for his or her
20    debilitating medical condition, and to substantiate the
21    patient's diagnosis;
22        (3) the application or renewal fee as set by rule;
23        (4) the name, address, date of birth, and social
24    security number of the qualifying patient, except that if
25    the applicant is homeless no address is required;

 

 

HB0001 Enrolled- 30 -LRB098 02716 MLW 32724 b

1        (5) the name, address, and telephone number of the
2    qualifying patient's physician;
3        (6) the name, address, and date of birth of the
4    designated caregiver, if any, chosen by the qualifying
5    patient;
6        (7) the name of the registered medical cannabis
7    dispensing organization the qualifying patient designates;
8        (8) signed statements from the patient and designated
9    caregiver asserting that they will not divert medical
10    cannabis; and
11        (9) completed background checks for the patient and
12    designated caregiver.
 
13    Section 60. Issuance of registry identification cards.
14    (a) Except as provided in subsection (b), the Department of
15Public Health shall:
16        (1) verify the information contained in an application
17    or renewal for a registry identification card submitted
18    under this Act, and approve or deny an application or
19    renewal, within 30 days of receiving a completed
20    application or renewal application and all supporting
21    documentation specified in Section 55;
22        (2) issue registry identification cards to a
23    qualifying patient and his or her designated caregiver, if
24    any, within 15 business days of approving the application
25    or renewal;

 

 

HB0001 Enrolled- 31 -LRB098 02716 MLW 32724 b

1        (3) enter the registry identification number of the
2    registered dispensing organization the patient designates
3    into the verification system; and
4        (4) allow for an electronic application process, and
5    provide a confirmation by electronic or other methods that
6    an application has been submitted.
7    (b) The Department of Public Health may not issue a
8registry identification card to a qualifying patient who is
9under 18 years of age.
10    (c) A veteran who has received treatment at a VA hospital
11is deemed to have a bona fide physician-patient relationship
12with a VA physician if the patient has been seen for his or her
13debilitating medical condition at the VA Hospital in accordance
14with VA Hospital protocols. All reasonable inferences
15regarding the existence of a bona fide physician-patient
16relationship shall be drawn in favor of an applicant who is a
17veteran and has undergone treatment at a VA hospital.
18    (d) Upon the approval of the registration and issuance of a
19registry card under this Section, the Department of Public
20Health shall forward the designated caregiver or registered
21qualified patient's driver's registration number to the
22Secretary of State and certify that the individual is permitted
23to engage in the medical use of cannabis. For the purposes of
24law enforcement, the Secretary of State shall make a notation
25on the person's driving record stating the person is a
26registered qualifying patient who is entitled to the lawful

 

 

HB0001 Enrolled- 32 -LRB098 02716 MLW 32724 b

1medical use of cannabis. If the person no longer holds a valid
2registry card, the Department shall notify the Secretary of
3State and the Secretary of State shall remove the notation from
4the person's driving record. The Department and the Secretary
5of State may establish a system by which the information may be
6shared electronically.
 
7    Section 65. Denial of registry identification cards.
8    (a) The Department of Public Health may deny an application
9or renewal of a qualifying patient's registry identification
10card only if the applicant:
11        (1) did not provide the required information and
12    materials;
13        (2) previously had a registry identification card
14    revoked;
15        (3) did not meet the requirements of this Act; or
16        (4) provided false or falsified information.
17    (b) No person who has been convicted of a felony under the
18Illinois Controlled Substances Act, Cannabis Control Act, or
19Methamphetamine Control and Community Protection Act, or
20similar provision in a local ordinance or other jurisdiction is
21eligible to receive a registry identification card.
22    (c) The Department of Public Health may deny an application
23or renewal for a designated caregiver chosen by a qualifying
24patient whose registry identification card was granted only if:
25        (1) the designated caregiver does not meet the

 

 

HB0001 Enrolled- 33 -LRB098 02716 MLW 32724 b

1    requirements of subsection (i) of Section 10;
2        (2) the applicant did not provide the information
3    required;
4        (3) the prospective patient's application was denied;
5        (4) the designated caregiver previously had a registry
6    identification card revoked; or
7        (5) the applicant or the designated caregiver provided
8    false or falsified information.
9    (d) The Department of Public Health through the Illinois
10State Police shall conduct a background check of the
11prospective qualifying patient and designated caregiver in
12order to carry out this provision. The Department of State
13Police shall be reimbursed for the cost of the background check
14by the Department of Public Health. Each person applying as a
15qualifying patient or a designated caregiver shall submit a
16full set of fingerprints to the Department of Public Health for
17the purpose of obtaining a state and federal criminal records
18check. The Department of Public Health may exchange this data
19with the Department of State Police or the Federal Bureau of
20Investigation without disclosing that the records check is
21related to this Act. The Department of Public Health shall
22destroy each set of fingerprints after the criminal records
23check is completed. The Department of Public Health may waive
24the submission of a qualifying patient's complete fingerprints
25based on (1) the severity of the patient's illness and (2) the
26inability of the qualifying patient to obtain those

 

 

HB0001 Enrolled- 34 -LRB098 02716 MLW 32724 b

1fingerprints, provided that a complete criminal background
2check is conducted by the Department of State Police prior to
3the issuance of a registry identification card.
4    (e) The Department of Public Health shall notify the
5qualifying patient who has designated someone to serve as his
6or her designated caregiver if a registry identification card
7will not be issued to the designated caregiver.
8    (f) Denial of an application or renewal is considered a
9final Department action, subject to judicial review.
10Jurisdiction and venue for judicial review are vested in the
11Circuit Court.
 
12    Section 70. Registry identification cards.
13    (a) A registered qualifying patient or designated
14caregiver must keep their registry identification card in his
15or her possession at all times when engaging in the medical use
16of cannabis.
17    (b) Registry identification cards shall contain the
18following:
19        (1) the name of the cardholder;
20        (2) a designation of whether the cardholder is a
21    designated caregiver or qualifying patient;
22        (3) the date of issuance and expiration date of the
23    registry identification card;
24        (4) a random alphanumeric identification number that
25    is unique to the cardholder;

 

 

HB0001 Enrolled- 35 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 36 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 37 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 38 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 39 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 40 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 41 -LRB098 02716 MLW 32724 b

1times enter every building, room, basement, enclosure, or
2premises occupied or used or suspected of being occupied or
3used for the production, preparation, manufacture for sale,
4storage, sale, distribution or transportation of medical
5cannabis edible products, to inspect the premises and all
6utensils, fixtures, furniture, and machinery used for the
7preparation of these products.
8    (c) If a local health organization has a reasonable belief
9that a cultivation center's cannabis-infused product poses a
10public health hazard, it may refer the cultivation center to
11the Department of Public Health. If the Department of Public
12Health finds that a cannabis-infused product poses a health
13hazard, it may without administrative procedure to bond, bring
14an action for immediate injunctive relief to require that
15action be taken as the court may deem necessary to meet the
16hazard of the cultivation center.
 
17    Section 85. Issuance and denial of medical cannabis
18cultivation permit.
19    (a) The Department of Agriculture may register up to 22
20cultivation center registrations for operation. The Department
21of Agriculture may not issue more than one registration per
22each Illinois State Police District boundary as specified on
23the date of January 1, 2013. The Department of Agriculture may
24not issue less than the 22 registrations if there are qualified
25applicants who have applied with the Department.

 

 

HB0001 Enrolled- 42 -LRB098 02716 MLW 32724 b

1    (b) The registrations shall be issued and renewed annually
2as determined by administrative rule.
3    (c) The Department of Agriculture shall determine a
4registration fee by rule.
5    (d) A cultivation center may only operate if it has been
6issued a valid registration from the Department of Agriculture.
7When applying for a cultivation center registration, the
8applicant shall submit the following in accordance with
9Department of Agriculture rules:
10        (1) the proposed legal name of the cultivation center;
11        (2) the proposed physical address of the cultivation
12    center and description of the enclosed, locked facility as
13    it applies to cultivation centers where medical cannabis
14    will be grown, harvested, manufactured, packaged, or
15    otherwise prepared for distribution to a dispensing
16    organization;
17        (3) the name, address, and date of birth of each
18    principal officer and board member of the cultivation
19    center, provided that all those individuals shall be at
20    least 21 years of age;
21        (4) any instance in which a business that any of the
22    prospective board members of the cultivation center had
23    managed or served on the board of the business and was
24    convicted, fined, censured, or had a registration or
25    license suspended or revoked in any administrative or
26    judicial proceeding;

 

 

HB0001 Enrolled- 43 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 44 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 45 -LRB098 02716 MLW 32724 b

1    member for a registered dispensing organization or
2    cultivation center that has had its registration revoked;
3        (5) one or more of the principal officers or board
4    members is under 21 years of age;
5        (6) a principal officer or board member of the
6    cultivation center has been convicted of a felony under the
7    laws of this State, any other state, or the United States;
8        (7) a principal officer or board member of the
9    cultivation center has been convicted of any violation of
10    Article 28 of the Criminal Code of 2012, or substantially
11    similar laws of any other jurisdiction; or
12        (8) the person has submitted an application for a
13    certificate under this Act which contains false
14    information.
 
15    Section 90. Renewal of cultivation center registrations.
16    (a) Registrations shall be renewed annually. The
17registered cultivation center shall receive written notice 90
18days prior to the expiration of its current registration that
19the registration will expire. The Department of Agriculture
20shall grant a renewal application within 45 days of its
21submission if the following conditions are satisfied:
22        (1) the registered cultivation center submits a
23    renewal application and the required renewal fee
24    established by the Department of Agriculture by rule; and
25        (2) the Department of Agriculture has not suspended the

 

 

HB0001 Enrolled- 46 -LRB098 02716 MLW 32724 b

1    registration of the cultivation center or suspended or
2    revoked the registration for violation of this Act or rules
3    adopted under this Act.
 
4    Section 95. Background checks.
5    (a) The Department of Agriculture through the Department of
6State Police shall conduct a background check of the
7prospective cultivation center agents. The Department of State
8Police shall be reimbursed for the cost of the background check
9by the Department of Agriculture. In order to carry out this
10provision, each person applying as a cultivation center agent
11shall submit a full set of fingerprints to the Department of
12Agriculture for the purpose of obtaining a state and federal
13criminal records check. The Department of Agriculture may
14exchange this data with the Department of State Police and the
15Federal Bureau of Investigation without disclosing that the
16records check is related to this Act. The Department of
17Agriculture shall destroy each set of fingerprints after the
18criminal records check is complete.
19    (b) When applying for the initial permit, the background
20checks for the principal officer, board members, and registered
21agents shall be completed prior to submitting the application
22to the Department of Agriculture.
 
23    Section 100. Cultivation center agent identification card.
24    (a) The Department of Agriculture shall:

 

 

HB0001 Enrolled- 47 -LRB098 02716 MLW 32724 b

1        (1) verify the information contained in an application
2    or renewal for a cultivation center identification card
3    submitted under this Act, and approve or deny an
4    application or renewal, within 30 days of receiving a
5    completed application or renewal application and all
6    supporting documentation required by rule;
7        (2) issue a cultivation center agent identification
8    card to a qualifying agent within 15 business days of
9    approving the application or renewal;
10        (3) enter the registry identification number of the
11    cultivation center where the agent works; 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) A cultivation center agent must keep his or her
16identification card visible at all times when on the property
17of a cultivation center and during the transportation of
18medical cannabis to a registered dispensary organization.
19    (c) The cultivation center agent identification cards
20shall contain the following:
21        (1) the name of the cardholder;
22        (2) the date of issuance and expiration date of
23    cultivation center agent identification cards;
24        (3) a random 10 digit alphanumeric identification
25    number containing at least 4 numbers and at least 4
26    letters; that is unique to the holder; and

 

 

HB0001 Enrolled- 48 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 49 -LRB098 02716 MLW 32724 b

1Professional Regulation in real-time.
2    (c) A registered cultivation center may not be located
3within 2,500 feet of the property line of a pre-existing public
4or private preschool or elementary or secondary school or day
5care center, day care home, group day care home, part day child
6care facility, or an area zoned for residential use.
7    (d) All cultivation of cannabis for distribution to a
8registered dispensing organization must take place in an
9enclosed, locked facility as it applies to cultivation centers
10at the physical address provided to the Department of
11Agriculture during the registration process. The cultivation
12center location shall only be accessed by the cultivation
13center agents working for the registered cultivation center,
14Department of Agriculture staff performing inspections,
15Department of Public Health staff performing inspections, law
16enforcement or other emergency personnel, and contractors
17working on jobs unrelated to medical cannabis, such as
18installing or maintaining security devices or performing
19electrical wiring.
20    (e) A cultivation center may not sell or distribute any
21cannabis to any individual or entity other than a dispensary
22organization registered under this Act.
23    (f) All harvested cannabis intended for distribution to a
24dispensing organization must be packaged in a labeled medical
25cannabis container and entered into a data collection system.
26    (g) No person who has been convicted of an excluded offense

 

 

HB0001 Enrolled- 50 -LRB098 02716 MLW 32724 b

1may be a cultivation center agent.
2    (h) Registered cultivation centers are subject to random
3inspection by the State Police.
4    (i) Registered cultivation centers are subject to random
5inspections by the Department of Agriculture and the Department
6of Public Health.
7    (j) A cultivation center agent shall notify local law
8enforcement, the State Police, and the Department of
9Agriculture within 24 hours of the discovery of any loss or
10theft. Notification shall be made by phone or in-person, or by
11written or electronic communication.
12    (k) A cultivation center shall comply with all State and
13federal rules and regulations regarding the use of pesticides.
 
14    Section 110. Suspension revocation of a registration.
15    (a) The Department of Agriculture may suspend or revoke a
16registration for violations of this Act and rules issued in
17accordance with this Section.
18    (b) The suspension or revocation of a certificate is a
19final Department of Agriculture action, subject to judicial
20review. Jurisdiction and venue for judicial review are vested
21in the Circuit Court.
 
22    Section 115. Registration of dispensing organizations.
23    (a) The Department of Financial and Professional
24Regulation may issue up to 60 dispensing organization

 

 

HB0001 Enrolled- 51 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 52 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 53 -LRB098 02716 MLW 32724 b

1fingerprints to the Department of Financial and Professional
2Regulation for the purpose of obtaining a state and federal
3criminal records check. The Department of Financial and
4Professional Regulation may exchange this data with the
5Department of State Police and the Federal Bureau of
6Investigation without disclosing that the records check is
7related to this Act. The Department of Financial and
8Professional Regulation shall destroy each set of fingerprints
9after the criminal records check is completed.
10    (e) A dispensing organization must pay a registration fee
11set by the Department of Financial and Professional Regulation.
12    (f) An application for a medical cannabis dispensing
13organization registration must be denied if any of the
14following conditions are met:
15        (1) the applicant failed to submit the materials
16    required by this Section, including if the applicant's
17    plans do not satisfy the security, oversight, or
18    recordkeeping rules issued by the Department of Financial
19    and Professional Regulation;
20        (2) the applicant would not be in compliance with local
21    zoning rules issued in accordance with Section 140;
22        (3) the applicant does not meet the requirements of
23    Section 130;
24        (4) one or more of the prospective principal officers
25    or board members has been convicted of an excluded offense;
26        (5) one or more of the prospective principal officers

 

 

HB0001 Enrolled- 54 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 55 -LRB098 02716 MLW 32724 b

1    an application has been submitted.
2    (b) A dispensing agent must keep his or her identification
3card visible at all times when on the property of a dispensing
4organization.
5    (c) The dispensing organization agent identification cards
6shall contain the following:
7        (1) the name of the cardholder;
8        (2) the date of issuance and expiration date of the
9    dispensing organization agent identification cards;
10        (3) a random 10 digit alphanumeric identification
11    number containing at least 4 numbers and at least 4
12    letters; that is unique to the holder; and
13        (4) a photograph of the cardholder.
14    (d) The dispensing organization agent identification cards
15shall be immediately returned to the cultivation center upon
16termination of employment.
17    (e) Any card lost by a dispensing organization agent shall
18be reported to the Illinois State Police and the Department of
19Agriculture immediately upon discovery of the loss.
20    (f) An applicant shall be denied a dispensing organization
21agent identification card if he or she has been convicted of an
22excluded offense.
 
23    Section 125. Medical cannabis dispensing organization
24certification renewal.
25    (a) The registered dispensing organization shall receive

 

 

HB0001 Enrolled- 56 -LRB098 02716 MLW 32724 b

1written notice 90 days prior to the expiration of its current
2registration that the registration will expire. The Department
3of Financial and Professional Regulation shall grant a renewal
4application within 45 days of its submission if the following
5conditions are satisfied:
6        (1) the registered dispensing organization submits a
7    renewal application and the required renewal fee
8    established by the Department of Financial and
9    Professional Regulation rules; and
10        (2) the Department of Financial and Professional
11    Regulation has not suspended the registered dispensing
12    organization or suspended or revoked the registration for
13    violation of this Act or rules adopted under this Act.
14    (b) If a dispensing organization fails to renew its
15registration prior to expiration, the dispensing organization
16shall cease operations until registration is renewed.
17    (c) If a dispensing organization agent fails to renew his
18or her registration prior to its expiration, he or she shall
19cease to work or volunteer at a dispensing organization until
20his or her registration is renewed.
21    (d) Any dispensing organization that continues to operate
22or dispensing agent that continues to work or volunteer at a
23dispensing organization that fails to renew its registration
24shall be subject to penalty as provided in Section 130.
 
25    Section 130. Requirements; prohibitions; penalties;

 

 

HB0001 Enrolled- 57 -LRB098 02716 MLW 32724 b

1dispensing organizations.
2    (a) The Department of Financial and Professional
3Regulation shall implement the provisions of this Section by
4rule.
5    (b) A dispensing organization shall maintain operating
6documents which shall include procedures for the oversight of
7the registered dispensing organization and procedures to
8ensure accurate recordkeeping.
9    (c) A dispensing organization shall implement appropriate
10security measures, as provided by rule, to deter and prevent
11the theft of cannabis and unauthorized entrance into areas
12containing cannabis.
13    (d) A dispensing organization may not be located within
141,000 feet of the property line of a pre-existing public or
15private preschool or elementary or secondary school or day care
16center, day care home, group day care home, or part day child
17care facility. A registered dispensing organization may not be
18located in a house, apartment, condominium, or an area zoned
19for residential use.
20    (e) A dispensing organization is prohibited from acquiring
21cannabis from anyone other than a registered cultivation
22center. A dispensing organization is prohibited from obtaining
23cannabis from outside the State of Illinois.
24    (f) A registered dispensing organization is prohibited
25from dispensing cannabis for any purpose except to assist
26registered qualifying patients with the medical use of cannabis

 

 

HB0001 Enrolled- 58 -LRB098 02716 MLW 32724 b

1directly or through the qualifying patients' designated
2caregivers.
3    (g) The area in a dispensing organization where medical
4cannabis is stored can only be accessed by dispensing
5organization agents working for the dispensing organization,
6Department of Financial and Professional Regulation staff
7performing inspections, law enforcement or other emergency
8personnel, and contractors working on jobs unrelated to medical
9cannabis, such as installing or maintaining security devices or
10performing electrical wiring.
11    (h) A dispensing organization may not dispense more than
122.5 ounces of cannabis to a registered qualifying patient,
13directly or via a designated caregiver, in any 14-day period
14unless the qualifying patient has a Department of Public
15Health-approved quantity waiver.
16    (i) Before medical cannabis may be dispensed to a
17designated caregiver or a registered qualifying patient, a
18dispensing organization agent must determine that the
19individual is a current cardholder in the verification system
20and must verify each of the following:
21        (1) that the registry identification card presented to
22    the registered dispensing organization is valid;
23        (2) that the person presenting the card is the person
24    identified on the registry identification card presented
25    to the dispensing organization agent;
26        (3) that the dispensing organization is the designated

 

 

HB0001 Enrolled- 59 -LRB098 02716 MLW 32724 b

1    dispensing organization for the registered qualifying
2    patient who is obtaining the cannabis directly or via his
3    or her designated caregiver; and
4        (4) that the registered qualifying patient has not
5    exceeded his or her adequate supply.
6    (j) Dispensing organizations shall ensure compliance with
7this limitation by maintaining internal, confidential records
8that include records specifying how much medical cannabis is
9dispensed to the registered qualifying patient and whether it
10was dispensed directly to the registered qualifying patient or
11to the designated caregiver. Each entry must include the date
12and time the cannabis was dispensed. Additional recordkeeping
13requirements may be set by rule.
14    (k) The physician-patient privilege as set forth by Section
158-802 of the Code of Civil Procedure shall apply between a
16qualifying patient and a registered dispensing organization
17and its agents with respect to communications and records
18concerning qualifying patients' debilitating conditions.
19    (l) A dispensing organization may not permit any person to
20consume cannabis on the property of a medical cannabis
21organization.
22    (m) A dispensing organization may not share office space
23with or refer patients to a physician.
24    (n) Notwithstanding any other criminal penalties related
25to the unlawful possession of cannabis, the Department of
26Financial and Professional Regulation may revoke, suspend,

 

 

HB0001 Enrolled- 60 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 61 -LRB098 02716 MLW 32724 b

1organization to another under this Act upon the following
2conditions and exceptions:
3    (1) Prior to dispensing medical cannabis under any written
4certification and the requirements of this Act, the dispensing
5organization agent shall:
6        (A) advise the patient that the designated dispensing
7    organization on file with the Department of Public Health
8    must be changed before he or she will be able to dispense
9    any quantity of medical cannabis;
10        (B) determine that the patient is registered and in
11    compliance with the Department of Public Health under the
12    requirements of this Act;
13        (C) notify the dispensing organization designated by
14    the registered qualifying patient that the registered
15    qualifying patient is changing his or her designation and
16    the patient may no longer purchase medical cannabis at the
17    original dispensing organization; and
18        (D) notify the Department of Public Health of a
19    patient's change in designation and receive confirmation
20    from the Department of Public Health that it has updated
21    the registered qualifying patient database.
22    (2) The Department of Public Health's electronically
23accessible database created under this Act shall maintain a
24registered qualified patient's designated dispensary
25information. The Department of Public Health may formulate
26rules, not inconsistent with law, as may be necessary to carry

 

 

HB0001 Enrolled- 62 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 63 -LRB098 02716 MLW 32724 b

1privacy laws, confidential, and exempt from the Freedom of
2Information Act, and not subject to disclosure to any
3individual or public or private entity, except as necessary for
4authorized employees of those authorized agencies to perform
5official duties under this Act, except that the information
6received and records kept by Department of Public Health,
7Department of Agriculture, Department of Financial and
8Professional Regulation, and Department of State Police may
9disclose this information and records to each other upon
10request:
11        (1) Applications and renewals, their contents, and
12    supporting information submitted by qualifying patients
13    and designated caregivers, including information regarding
14    their designated caregivers and physicians.
15        (2) Applications and renewals, their contents, and
16    supporting information submitted by or on behalf of
17    cultivation centers and dispensing organizations in
18    compliance with this Act, including their physical
19    addresses.
20        (3) The individual names and other information
21    identifying persons to whom the Department of Public Health
22    has issued registry identification cards.
23        (4) Any dispensing information required to be kept
24    under Section 135, Section 150, or Department of Public
25    Health, Department of Agriculture, or Department of
26    Financial and Professional Regulation rules shall identify

 

 

HB0001 Enrolled- 64 -LRB098 02716 MLW 32724 b

1    cardholders and registered cultivation centers by their
2    registry identification numbers and medical cannabis
3    dispensing organizations by their registration number and
4    not contain names or other personally identifying
5    information.
6        (5) All medical records provided to the Department of
7    Public Health in connection with an application for a
8    registry card.
9    (b) Nothing in this Section precludes the following:
10        (1) Department of Agriculture, Department of Financial
11    and Professional Regulation, or Public Health employees
12    may notify law enforcement about falsified or fraudulent
13    information submitted to the Departments if the employee
14    who suspects that falsified or fraudulent information has
15    been submitted conferred with his or her supervisor and
16    both agree that circumstances exist that warrant
17    reporting.
18        (2) If the employee conferred with his or her
19    supervisor and both agree that circumstances exist that
20    warrant reporting, Department of Public Health employees
21    may notify the Department of Financial and Professional
22    Regulation if there is reasonable cause to believe a
23    physician:
24            (A) issued a written certification without a bona
25        fide physician-patient relationship under this Act;
26            (B) issued a written certification to a person who

 

 

HB0001 Enrolled- 65 -LRB098 02716 MLW 32724 b

1        was not under the physician's care for the debilitating
2        medical condition; or
3            (C) failed to abide by the acceptable and
4        prevailing standard of care when evaluating a
5        patient's medical condition.
6        (3) The Department of Public Health, Department of
7    Agriculture, and Department of Financial and Professional
8    Regulation may notify State or local law enforcement about
9    apparent criminal violations of this Act if the employee
10    who suspects the offense has conferred with his or her
11    supervisor and both agree that circumstances exist that
12    warrant reporting.
13        (4) Medical cannabis cultivation center agents and
14    medical cannabis dispensing organizations may notify the
15    Department of Public Health, Department of Financial and
16    Professional Regulation, or Department of Agriculture of a
17    suspected violation or attempted violation of this Act or
18    the rules issued under it.
19        (5) Each Department may verify registry identification
20    cards under Section 150.
21        (6) The submission of the report to the General
22    Assembly under Section 160.
23    (c) It is a Class B misdemeanor with a $1,000 fine for any
24person, including an employee or official of the Department of
25Public Health, Department of Financial and Professional
26Regulation, or Department of Agriculture or another State

 

 

HB0001 Enrolled- 66 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 67 -LRB098 02716 MLW 32724 b

1the card, and the registry identification number of the patient
2who is assisted by a registered designated caregiver who holds
3the card. Notwithstanding any other requirements established
4by this subsection, the Department of Public Health shall issue
5registry cards to qualifying patients, the Department of
6Financial and Professional Regulation may issue registration
7to medical cannabis dispensing organizations for the period
8during which the database is being established, and the
9Department of Agriculture may issue registration to medical
10cannabis cultivation organizations for the period during which
11the database is being established.
 
12    Section 155. Review of administrative decisions. All final
13administrative decisions of the Departments of Public Health,
14Department of Agriculture, and Department of Financial and
15Professional Regulation are subject to direct judicial review
16under the provisions of the Administrative Review Law and the
17rules adopted under that Law. The term "administrative
18decision" is defined as in Section 3-101 of the Code of Civil
19Procedure.
 
20    Section 160. Annual reports.
21    (a) The Department of Public Health shall submit to the
22General Assembly a report, by September 30 of each year, that
23does not disclose any identifying information about registered
24qualifying patients, registered caregivers, or physicians, but

 

 

HB0001 Enrolled- 68 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 69 -LRB098 02716 MLW 32724 b

1        (1) fees for applications for registration as a
2    qualified patient or caregiver;
3        (2) establishing the form and content of registration
4    and renewal applications submitted under this Act,
5    including a standard form for written certifications;
6        (3) governing the manner in which it shall consider
7    applications for and renewals of registry identification
8    cards;
9        (4) the manufacture of medical cannabis-infused
10    products;
11        (5) fees for the application and renewal of registry
12    identification cards. Fee revenue may be offset or
13    supplemented by private donations;
14        (6) any other matters as are necessary for the fair,
15    impartial, stringent, and comprehensive administration of
16    this Act; and
17        (7) reasonable rules concerning the medical use of
18    cannabis at a nursing care institution, hospice, assisted
19    living center, assisted living facility, assisted living
20    home, residential care institution, or adult day health
21    care facility.
22    (c) The Department of Agriculture rules shall address, but
23not be limited to the following related to registered
24cultivation centers, with the goal of protecting against
25diversion and theft, without imposing an undue burden on the
26registered cultivation centers:

 

 

HB0001 Enrolled- 70 -LRB098 02716 MLW 32724 b

1        (1) oversight requirements for registered cultivation
2    centers;
3        (2) recordkeeping requirements for registered
4    cultivation centers;
5        (3) security requirements for registered cultivation
6    centers, which shall include that each registered
7    cultivation center location must be protected by a fully
8    operational security alarm system;
9        (4) rules and standards for what constitutes an
10    enclosed, locked facility under this Act;
11        (5) procedures for suspending or revoking the
12    registration certificates or registry identification cards
13    of registered cultivation centers and their agents that
14    commit violations of the provisions of this Act or the
15    rules adopted under this Section;
16        (6) rules concerning the intrastate transportation of
17    medical cannabis from a cultivation center to a dispensing
18    organization;
19        (7) standards concerning the testing, quality, and
20    cultivation of medical cannabis;
21        (8) any other matters as are necessary for the fair,
22    impartial, stringent, and comprehensive administration of
23    this Act;
24        (9) application and renewal fees for cultivation
25    center agents; and
26        (10) application, renewal, and registration fees for

 

 

HB0001 Enrolled- 71 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 72 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 73 -LRB098 02716 MLW 32724 b

1    (b) If the Department of Public Health, Department of
2Agriculture, or Department of Financial and Professional
3Regulation fails to issue a valid identification card in
4response to a valid application or renewal submitted under this
5Act or fails to issue a verbal or written notice of denial of
6the application within 30 days of its submission, the
7identification card is deemed granted, and a copy of the
8registry identification application, including a valid written
9certification in the case of patients, or renewal shall be
10deemed a valid registry identification card.
11    (c) Authorized employees of State or local law enforcement
12agencies shall immediately notify the Department of Public
13Health when any person in possession of a registry
14identification card has been determined by a court of law to
15have willfully violated the provisions of this Act or has pled
16guilty to the offense.
 
17    Section 175. Administrative hearings. All administrative
18hearings under this Act shall be conducted in accordance with
19the Department of Public Health's rules governing
20administrative hearings.
 
21    Section 180. Destruction of medical cannabis.
22    (a) All cannabis byproduct, scrap, and harvested cannabis
23not intended for distribution to a medical cannabis
24organization must be destroyed and disposed of pursuant to

 

 

HB0001 Enrolled- 74 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 75 -LRB098 02716 MLW 32724 b

1    Section 190. Medical Cannabis Cultivation Privilege Tax
2Law. Sections 190 through 215 may be cited as the Medical
3Cannabis Cultivation Privilege Tax Law.
 
4    Section 195. Definitions. For the purposes of this Law:
5    "Cultivation center" has the meaning ascribed to that term
6in the Compassionate Use of Medical Cannabis Pilot Program Act.
7    "Department" means the Department of Revenue.
8    "Dispensing organization" has the meaning ascribed to that
9term in the Compassionate Use of Medical Cannabis Pilot Program
10Act.
11    "Person" means an individual, partnership, corporation, or
12public or private organization.
13    "Qualifying patient" means a qualifying patient registered
14under the Compassionate Use of Medical Cannabis Pilot Program
15Act.
 
16    Section 200. Tax imposed.
17    (a) Beginning on the effective date of this Act, a tax is
18imposed upon the privilege of cultivating medical cannabis at a
19rate of 7% of the sales price per ounce. The proceeds from this
20tax shall be deposited into the Compassionate Use of Medical
21Cannabis Fund created under the Compassionate Use of Medical
22Cannabis Pilot Program Act. This tax shall be paid by a
23cultivation center and is not the responsibility of a
24dispensing organization or a qualifying patient.

 

 

HB0001 Enrolled- 76 -LRB098 02716 MLW 32724 b

1    (b) The tax imposed under this Act shall be in addition to
2all other occupation or privilege taxes imposed by the State of
3Illinois or by any municipal corporation or political
4subdivision thereof.
 
5    Section 205. Department enforcement.
6    (a) Every person subject to the tax under this Law shall
7apply to the Department (upon a form prescribed and furnished
8by the Department) for a certificate of registration under this
9Law. Application for a certificate of registration shall be
10made to the Department upon forms furnished by the Department.
11The certificate of registration which is issued by the
12Department to a retailer under the Retailers' Occupation Tax
13Act shall permit the taxpayer to engage in a business which is
14taxable under this Law without registering separately with the
15Department.
16    (b) The Department shall have full power to administer and
17enforce this Law, to collect all taxes and penalties due
18hereunder, to dispose of taxes and penalties so collected in
19the manner hereinafter provided, and to determine all rights to
20credit memoranda, arising on account of the erroneous payment
21of tax or penalty hereunder. In the administration of, and
22compliance with, this Law, the Department and persons who are
23subject to this Law shall have the same rights, remedies,
24privileges, immunities, powers and duties, and be subject to
25the same conditions, restrictions, limitations, penalties and

 

 

HB0001 Enrolled- 77 -LRB098 02716 MLW 32724 b

1definitions of terms, and employ the same modes of procedure,
2as are prescribed in Sections 1, 1a, 2 through 2-65 (in respect
3to all provisions therein other than the State rate of tax),
42a, 2b, 2c, 3 (except provisions relating to transaction
5returns and quarter monthly payments, and except for provisions
6that are inconsistent with this Law), 4, 5, 5a, 5b, 5c, 5d, 5e,
75f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 11a, 12 and 13
8of the Retailers' Occupation Tax Act and Section 3-7 of the
9Uniform Penalty and Interest Act as fully as if those
10provisions were set forth herein.
 
11    Section 210. Returns. On or before the twentieth day of
12each calendar month, every person subject to the tax imposed
13under this Law during the preceding calendar month shall file a
14return with the Department, stating:
15        (1) The name of the taxpayer;
16        (2) The number of ounces of medical cannabis sold to a
17    dispensary organization or a registered qualifying patient
18    during the preceding calendar month;
19        (3) The amount of tax due;
20        (4) The signature of the taxpayer; and
21        (5) Such other reasonable information as the
22    Department may require.
23    If a taxpayer fails to sign a return within 30 days after
24the proper notice and demand for signature by the Department,
25the return shall be considered valid and any amount shown to be

 

 

HB0001 Enrolled- 78 -LRB098 02716 MLW 32724 b

1due on the return shall be deemed assessed.
2    The taxpayer shall remit the amount of the tax due to the
3Department at the time the taxpayer files his or her return.
 
4    Section 215. Rules. The Department may adopt rules related
5to the enforcement of this Law.
 
6    Section 220. Repeal of Act. This Act is repealed 4 years
7after the effective date of this Act.
 
8    Section 900. The Election Code is amended by adding Section
99-45 as follows:
 
10    (10 ILCS 5/9-45 new)
11    Sec. 9-45. Medical cannabis organization; contributions.
12It is unlawful for any medical cannabis cultivation center or
13medical cannabis dispensary organization or any political
14action committee created by any medical cannabis cultivation
15center or dispensary organization to make a campaign
16contribution to any political committee established to promote
17the candidacy of a candidate or public official. It is unlawful
18for any candidate, political committee, or other person to
19knowingly accept or receive any contribution prohibited by this
20Section. It is unlawful for any officer or agent of a medical
21cannabis cultivation center or dispensary organization to
22consent to any contribution or expenditure by the medical

 

 

HB0001 Enrolled- 79 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 80 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 81 -LRB098 02716 MLW 32724 b

1    the taxpayer's net income for the taxable year.
2        (5.1) In the case of an individual, trust, or estate,
3    for taxable years beginning prior to January 1, 2015, and
4    ending after December 31, 2014, an amount equal to the sum
5    of (i) 5% of the taxpayer's net income for the period prior
6    to January 1, 2015, as calculated under Section 202.5, and
7    (ii) 3.75% of the taxpayer's net income for the period
8    after December 31, 2014, as calculated under Section 202.5.
9        (5.2) In the case of an individual, trust, or estate,
10    for taxable years beginning on or after January 1, 2015,
11    and ending prior to January 1, 2025, an amount equal to
12    3.75% of the taxpayer's net income for the taxable year.
13        (5.3) In the case of an individual, trust, or estate,
14    for taxable years beginning prior to January 1, 2025, and
15    ending after December 31, 2024, an amount equal to the sum
16    of (i) 3.75% of the taxpayer's net income for the period
17    prior to January 1, 2025, as calculated under Section
18    202.5, and (ii) 3.25% of the taxpayer's net income for the
19    period after December 31, 2024, as calculated under Section
20    202.5.
21        (5.4) In the case of an individual, trust, or estate,
22    for taxable years beginning on or after January 1, 2025, an
23    amount equal to 3.25% of the taxpayer's net income for the
24    taxable year.
25        (6) In the case of a corporation, for taxable years
26    ending prior to July 1, 1989, an amount equal to 4% of the

 

 

HB0001 Enrolled- 82 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 83 -LRB098 02716 MLW 32724 b

1    the taxpayer's net income for the period prior to January
2    1, 2015, as calculated under Section 202.5, and (ii) 5.25%
3    of the taxpayer's net income for the period after December
4    31, 2014, as calculated under Section 202.5.
5        (12) In the case of a corporation, for taxable years
6    beginning on or after January 1, 2015, and ending prior to
7    January 1, 2025, an amount equal to 5.25% of the taxpayer's
8    net income for the taxable year.
9        (13) In the case of a corporation, for taxable years
10    beginning prior to January 1, 2025, and ending after
11    December 31, 2024, an amount equal to the sum of (i) 5.25%
12    of the taxpayer's net income for the period prior to
13    January 1, 2025, as calculated under Section 202.5, and
14    (ii) 4.8% of the taxpayer's net income for the period after
15    December 31, 2024, as calculated under Section 202.5.
16        (14) In the case of a corporation, for taxable years
17    beginning on or after January 1, 2025, an amount equal to
18    4.8% of the taxpayer's net income for the taxable year.
19    The rates under this subsection (b) are subject to the
20provisions of Section 201.5.
21    (c) Personal Property Tax Replacement Income Tax.
22Beginning on July 1, 1979 and thereafter, in addition to such
23income tax, there is also hereby imposed the Personal Property
24Tax Replacement Income Tax measured by net income on every
25corporation (including Subchapter S corporations), partnership
26and trust, for each taxable year ending after June 30, 1979.

 

 

HB0001 Enrolled- 84 -LRB098 02716 MLW 32724 b

1Such taxes are imposed on the privilege of earning or receiving
2income in or as a resident of this State. The Personal Property
3Tax Replacement Income Tax shall be in addition to the income
4tax imposed by subsections (a) and (b) of this Section and in
5addition to all other occupation or privilege taxes imposed by
6this State or by any municipal corporation or political
7subdivision thereof.
8    (d) Additional Personal Property Tax Replacement Income
9Tax Rates. The personal property tax replacement income tax
10imposed by this subsection and subsection (c) of this Section
11in the case of a corporation, other than a Subchapter S
12corporation and except as adjusted by subsection (d-1), shall
13be an additional amount equal to 2.85% of such taxpayer's net
14income for the taxable year, except that beginning on January
151, 1981, and thereafter, the rate of 2.85% specified in this
16subsection shall be reduced to 2.5%, and in the case of a
17partnership, trust or a Subchapter S corporation shall be an
18additional amount equal to 1.5% of such taxpayer's net income
19for the taxable year.
20    (d-1) Rate reduction for certain foreign insurers. In the
21case of a foreign insurer, as defined by Section 35A-5 of the
22Illinois Insurance Code, whose state or country of domicile
23imposes on insurers domiciled in Illinois a retaliatory tax
24(excluding any insurer whose premiums from reinsurance assumed
25are 50% or more of its total insurance premiums as determined
26under paragraph (2) of subsection (b) of Section 304, except

 

 

HB0001 Enrolled- 85 -LRB098 02716 MLW 32724 b

1that for purposes of this determination premiums from
2reinsurance do not include premiums from inter-affiliate
3reinsurance arrangements), beginning with taxable years ending
4on or after December 31, 1999, the sum of the rates of tax
5imposed by subsections (b) and (d) shall be reduced (but not
6increased) to the rate at which the total amount of tax imposed
7under this Act, net of all credits allowed under this Act,
8shall equal (i) the total amount of tax that would be imposed
9on the foreign insurer's net income allocable to Illinois for
10the taxable year by such foreign insurer's state or country of
11domicile if that net income were subject to all income taxes
12and taxes measured by net income imposed by such foreign
13insurer's state or country of domicile, net of all credits
14allowed or (ii) a rate of zero if no such tax is imposed on such
15income by the foreign insurer's state of domicile. For the
16purposes of this subsection (d-1), an inter-affiliate includes
17a mutual insurer under common management.
18        (1) For the purposes of subsection (d-1), in no event
19    shall the sum of the rates of tax imposed by subsections
20    (b) and (d) be reduced below the rate at which the sum of:
21            (A) the total amount of tax imposed on such foreign
22        insurer under this Act for a taxable year, net of all
23        credits allowed under this Act, plus
24            (B) the privilege tax imposed by Section 409 of the
25        Illinois Insurance Code, the fire insurance company
26        tax imposed by Section 12 of the Fire Investigation

 

 

HB0001 Enrolled- 86 -LRB098 02716 MLW 32724 b

1        Act, and the fire department taxes imposed under
2        Section 11-10-1 of the Illinois Municipal Code,
3    equals 1.25% for taxable years ending prior to December 31,
4    2003, or 1.75% for taxable years ending on or after
5    December 31, 2003, of the net taxable premiums written for
6    the taxable year, as described by subsection (1) of Section
7    409 of the Illinois Insurance Code. This paragraph will in
8    no event increase the rates imposed under subsections (b)
9    and (d).
10        (2) Any reduction in the rates of tax imposed by this
11    subsection shall be applied first against the rates imposed
12    by subsection (b) and only after the tax imposed by
13    subsection (a) net of all credits allowed under this
14    Section other than the credit allowed under subsection (i)
15    has been reduced to zero, against the rates imposed by
16    subsection (d).
17    This subsection (d-1) is exempt from the provisions of
18Section 250.
19    (e) Investment credit. A taxpayer shall be allowed a credit
20against the Personal Property Tax Replacement Income Tax for
21investment in qualified property.
22        (1) A taxpayer shall be allowed a credit equal to .5%
23    of the basis of qualified property placed in service during
24    the taxable year, provided such property is placed in
25    service on or after July 1, 1984. There shall be allowed an
26    additional credit equal to .5% of the basis of qualified

 

 

HB0001 Enrolled- 87 -LRB098 02716 MLW 32724 b

1    property placed in service during the taxable year,
2    provided such property is placed in service on or after
3    July 1, 1986, and the taxpayer's base employment within
4    Illinois has increased by 1% or more over the preceding
5    year as determined by the taxpayer's employment records
6    filed with the Illinois Department of Employment Security.
7    Taxpayers who are new to Illinois shall be deemed to have
8    met the 1% growth in base employment for the first year in
9    which they file employment records with the Illinois
10    Department of Employment Security. The provisions added to
11    this Section by Public Act 85-1200 (and restored by Public
12    Act 87-895) shall be construed as declaratory of existing
13    law and not as a new enactment. If, in any year, the
14    increase in base employment within Illinois over the
15    preceding year is less than 1%, the additional credit shall
16    be limited to that percentage times a fraction, the
17    numerator of which is .5% and the denominator of which is
18    1%, but shall not exceed .5%. The investment credit shall
19    not be allowed to the extent that it would reduce a
20    taxpayer's liability in any tax year below zero, nor may
21    any credit for qualified property be allowed for any year
22    other than the year in which the property was placed in
23    service in Illinois. For tax years ending on or after
24    December 31, 1987, and on or before December 31, 1988, the
25    credit shall be allowed for the tax year in which the
26    property is placed in service, or, if the amount of the

 

 

HB0001 Enrolled- 88 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 89 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 90 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 91 -LRB098 02716 MLW 32724 b

1    increase shall be deemed property placed in service on the
2    date of such increase in basis.
3        (6) The term "placed in service" shall have the same
4    meaning as under Section 46 of the Internal Revenue Code.
5        (7) If during any taxable year, any property ceases to
6    be qualified property in the hands of the taxpayer within
7    48 months after being placed in service, or the situs of
8    any qualified property is moved outside Illinois within 48
9    months after being placed in service, the Personal Property
10    Tax Replacement Income Tax for such taxable year shall be
11    increased. Such increase shall be determined by (i)
12    recomputing the investment credit which would have been
13    allowed for the year in which credit for such property was
14    originally allowed by eliminating such property from such
15    computation and, (ii) subtracting such recomputed credit
16    from the amount of credit previously allowed. For the
17    purposes of this paragraph (7), a reduction of the basis of
18    qualified property resulting from a redetermination of the
19    purchase price shall be deemed a disposition of qualified
20    property to the extent of such reduction.
21        (8) Unless the investment credit is extended by law,
22    the basis of qualified property shall not include costs
23    incurred after December 31, 2018, except for costs incurred
24    pursuant to a binding contract entered into on or before
25    December 31, 2018.
26        (9) Each taxable year ending before December 31, 2000,

 

 

HB0001 Enrolled- 92 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 93 -LRB098 02716 MLW 32724 b

1    under Sections 702 and 704 and Subchapter S of the Internal
2    Revenue Code. This paragraph is exempt from the provisions
3    of Section 250.
4    (f) Investment credit; Enterprise Zone; River Edge
5Redevelopment Zone.
6        (1) A taxpayer shall be allowed a credit against the
7    tax imposed by subsections (a) and (b) of this Section for
8    investment in qualified property which is placed in service
9    in an Enterprise Zone created pursuant to the Illinois
10    Enterprise Zone Act or, for property placed in service on
11    or after July 1, 2006, a River Edge Redevelopment Zone
12    established pursuant to the River Edge Redevelopment Zone
13    Act. For partners, shareholders of Subchapter S
14    corporations, and owners of limited liability companies,
15    if the liability company is treated as a partnership for
16    purposes of federal and State income taxation, there shall
17    be allowed a credit under this subsection (f) to be
18    determined in accordance with the determination of income
19    and distributive share of income under Sections 702 and 704
20    and Subchapter S of the Internal Revenue Code. The credit
21    shall be .5% of the basis for such property. The credit
22    shall be available only in the taxable year in which the
23    property is placed in service in the Enterprise Zone or
24    River Edge Redevelopment Zone and shall not be allowed to
25    the extent that it would reduce a taxpayer's liability for
26    the tax imposed by subsections (a) and (b) of this Section

 

 

HB0001 Enrolled- 94 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 95 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 96 -LRB098 02716 MLW 32724 b

1    purposes of this paragraph (6), a reduction of the basis of
2    qualified property resulting from a redetermination of the
3    purchase price shall be deemed a disposition of qualified
4    property to the extent of such reduction.
5        (7) There shall be allowed an additional credit equal
6    to 0.5% of the basis of qualified property placed in
7    service during the taxable year in a River Edge
8    Redevelopment Zone, provided such property is placed in
9    service on or after July 1, 2006, and the taxpayer's base
10    employment within Illinois has increased by 1% or more over
11    the preceding year as determined by the taxpayer's
12    employment records filed with the Illinois Department of
13    Employment Security. Taxpayers who are new to Illinois
14    shall be deemed to have met the 1% growth in base
15    employment for the first year in which they file employment
16    records with the Illinois Department of Employment
17    Security. If, in any year, the increase in base employment
18    within Illinois over the preceding year is less than 1%,
19    the additional credit shall be limited to that percentage
20    times a fraction, the numerator of which is 0.5% and the
21    denominator of which is 1%, but shall not exceed 0.5%.
22    (g) Jobs Tax Credit; River Edge Redevelopment Zone and
23Foreign Trade Zone or Sub-Zone.
24        (1) A taxpayer conducting a trade or business, for
25    taxable years ending on or after December 31, 2006, in a
26    River Edge Redevelopment Zone or conducting a trade or

 

 

HB0001 Enrolled- 97 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 98 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 99 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 100 -LRB098 02716 MLW 32724 b

1    subsections (a) and (b) of this Section to below zero. The
2    credit applicable to such investments shall be taken in the
3    taxable year in which such investments have been completed.
4    The credit for additional investments beyond the minimum
5    investment by a designated high impact business authorized
6    under subdivision (a)(3)(A) of Section 5.5 of the Illinois
7    Enterprise Zone Act shall be available only in the taxable
8    year in which the property is placed in service and shall
9    not be allowed to the extent that it would reduce a
10    taxpayer's liability for the tax imposed by subsections (a)
11    and (b) of this Section to below zero. For tax years ending
12    on or after December 31, 1987, the credit shall be allowed
13    for the tax year in which the property is placed in
14    service, or, if the amount of the credit exceeds the tax
15    liability for that year, whether it exceeds the original
16    liability or the liability as later amended, such excess
17    may be carried forward and applied to the tax liability of
18    the 5 taxable years following the excess credit year. The
19    credit shall be applied to the earliest year for which
20    there is a liability. If there is credit from more than one
21    tax year that is available to offset a liability, the
22    credit accruing first in time shall be applied first.
23        Changes made in this subdivision (h)(1) by Public Act
24    88-670 restore changes made by Public Act 85-1182 and
25    reflect existing law.
26        (2) The term qualified property means property which:

 

 

HB0001 Enrolled- 101 -LRB098 02716 MLW 32724 b

1            (A) is tangible, whether new or used, including
2        buildings and structural components of buildings;
3            (B) is depreciable pursuant to Section 167 of the
4        Internal Revenue Code, except that "3-year property"
5        as defined in Section 168(c)(2)(A) of that Code is not
6        eligible for the credit provided by this subsection
7        (h);
8            (C) is acquired by purchase as defined in Section
9        179(d) of the Internal Revenue Code; and
10            (D) is not eligible for the Enterprise Zone
11        Investment Credit provided by subsection (f) of this
12        Section.
13        (3) The basis of qualified property shall be the basis
14    used to compute the depreciation deduction for federal
15    income tax purposes.
16        (4) If the basis of the property for federal income tax
17    depreciation purposes is increased after it has been placed
18    in service in a federally designated Foreign Trade Zone or
19    Sub-Zone located in Illinois by the taxpayer, the amount of
20    such increase shall be deemed property placed in service on
21    the date of such increase in basis.
22        (5) The term "placed in service" shall have the same
23    meaning as under Section 46 of the Internal Revenue Code.
24        (6) If during any taxable year ending on or before
25    December 31, 1996, any property ceases to be qualified
26    property in the hands of the taxpayer within 48 months

 

 

HB0001 Enrolled- 102 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 103 -LRB098 02716 MLW 32724 b

1Tax. For tax years ending prior to December 31, 2003, a credit
2shall be allowed against the tax imposed by subsections (a) and
3(b) of this Section for the tax imposed by subsections (c) and
4(d) of this Section. This credit shall be computed by
5multiplying the tax imposed by subsections (c) and (d) of this
6Section by a fraction, the numerator of which is base income
7allocable to Illinois and the denominator of which is Illinois
8base income, and further multiplying the product by the tax
9rate imposed by subsections (a) and (b) of this Section.
10    Any credit earned on or after December 31, 1986 under this
11subsection which is unused in the year the credit is computed
12because it exceeds the tax liability imposed by subsections (a)
13and (b) for that year (whether it exceeds the original
14liability or the liability as later amended) may be carried
15forward and applied to the tax liability imposed by subsections
16(a) and (b) of the 5 taxable years following the excess credit
17year, provided that no credit may be carried forward to any
18year ending on or after December 31, 2003. This credit shall be
19applied first to the earliest year for which there is a
20liability. If there is a credit under this subsection from more
21than one tax year that is available to offset a liability the
22earliest credit arising under this subsection shall be applied
23first.
24    If, during any taxable year ending on or after December 31,
251986, the tax imposed by subsections (c) and (d) of this
26Section for which a taxpayer has claimed a credit under this

 

 

HB0001 Enrolled- 104 -LRB098 02716 MLW 32724 b

1subsection (i) is reduced, the amount of credit for such tax
2shall also be reduced. Such reduction shall be determined by
3recomputing the credit to take into account the reduced tax
4imposed by subsections (c) and (d). If any portion of the
5reduced amount of credit has been carried to a different
6taxable year, an amended return shall be filed for such taxable
7year to reduce the amount of credit claimed.
8    (j) Training expense credit. Beginning with tax years
9ending on or after December 31, 1986 and prior to December 31,
102003, a taxpayer shall be allowed a credit against the tax
11imposed by subsections (a) and (b) under this Section for all
12amounts paid or accrued, on behalf of all persons employed by
13the taxpayer in Illinois or Illinois residents employed outside
14of Illinois by a taxpayer, for educational or vocational
15training in semi-technical or technical fields or semi-skilled
16or skilled fields, which were deducted from gross income in the
17computation of taxable income. The credit against the tax
18imposed by subsections (a) and (b) shall be 1.6% of such
19training expenses. For partners, shareholders of subchapter S
20corporations, and owners of limited liability companies, if the
21liability company is treated as a partnership for purposes of
22federal and State income taxation, there shall be allowed a
23credit under this subsection (j) to be determined in accordance
24with the determination of income and distributive share of
25income under Sections 702 and 704 and subchapter S of the
26Internal Revenue Code.

 

 

HB0001 Enrolled- 105 -LRB098 02716 MLW 32724 b

1    Any credit allowed under this subsection which is unused in
2the year the credit is earned may be carried forward to each of
3the 5 taxable years following the year for which the credit is
4first computed until it is used. This credit shall be applied
5first to the earliest year for which there is a liability. If
6there is a credit under this subsection from more than one tax
7year that is available to offset a liability the earliest
8credit arising under this subsection shall be applied first. No
9carryforward credit may be claimed in any tax year ending on or
10after December 31, 2003.
11    (k) Research and development credit. For tax years ending
12after July 1, 1990 and prior to December 31, 2003, and
13beginning again for tax years ending on or after December 31,
142004, and ending prior to January 1, 2016, a taxpayer shall be
15allowed a credit against the tax imposed by subsections (a) and
16(b) of this Section for increasing research activities in this
17State. The credit allowed against the tax imposed by
18subsections (a) and (b) shall be equal to 6 1/2% of the
19qualifying expenditures for increasing research activities in
20this State. For partners, shareholders of subchapter S
21corporations, and owners of limited liability companies, if the
22liability company is treated as a partnership for purposes of
23federal and State income taxation, there shall be allowed a
24credit under this subsection to be determined in accordance
25with the determination of income and distributive share of
26income under Sections 702 and 704 and subchapter S of the

 

 

HB0001 Enrolled- 106 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 107 -LRB098 02716 MLW 32724 b

1remains, the credit from the next earliest year will then be
2applied, and so on, until all credits have been used or no tax
3liability for the given year remains. Any remaining unused
4credit or credits then will be carried forward to the next
5following year in which a tax liability is incurred, except
6that no credit can be carried forward to a year which is more
7than 5 years after the year in which the expense for which the
8credit is given was incurred.
9    No inference shall be drawn from this amendatory Act of the
1091st General Assembly in construing this Section for taxable
11years beginning before January 1, 1999.
12    (l) Environmental Remediation Tax Credit.
13        (i) For tax years ending after December 31, 1997 and on
14    or before December 31, 2001, a taxpayer shall be allowed a
15    credit against the tax imposed by subsections (a) and (b)
16    of this Section for certain amounts paid for unreimbursed
17    eligible remediation costs, as specified in this
18    subsection. For purposes of this Section, "unreimbursed
19    eligible remediation costs" means costs approved by the
20    Illinois Environmental Protection Agency ("Agency") under
21    Section 58.14 of the Environmental Protection Act that were
22    paid in performing environmental remediation at a site for
23    which a No Further Remediation Letter was issued by the
24    Agency and recorded under Section 58.10 of the
25    Environmental Protection Act. The credit must be claimed
26    for the taxable year in which Agency approval of the

 

 

HB0001 Enrolled- 108 -LRB098 02716 MLW 32724 b

1    eligible remediation costs is granted. The credit is not
2    available to any taxpayer if the taxpayer or any related
3    party caused or contributed to, in any material respect, a
4    release of regulated substances on, in, or under the site
5    that was identified and addressed by the remedial action
6    pursuant to the Site Remediation Program of the
7    Environmental Protection Act. After the Pollution Control
8    Board rules are adopted pursuant to the Illinois
9    Administrative Procedure Act for the administration and
10    enforcement of Section 58.9 of the Environmental
11    Protection Act, determinations as to credit availability
12    for purposes of this Section shall be made consistent with
13    those rules. For purposes of this Section, "taxpayer"
14    includes a person whose tax attributes the taxpayer has
15    succeeded to under Section 381 of the Internal Revenue Code
16    and "related party" includes the persons disallowed a
17    deduction for losses by paragraphs (b), (c), and (f)(1) of
18    Section 267 of the Internal Revenue Code by virtue of being
19    a related taxpayer, as well as any of its partners. The
20    credit allowed against the tax imposed by subsections (a)
21    and (b) shall be equal to 25% of the unreimbursed eligible
22    remediation costs in excess of $100,000 per site, except
23    that the $100,000 threshold shall not apply to any site
24    contained in an enterprise zone as determined by the
25    Department of Commerce and Community Affairs (now
26    Department of Commerce and Economic Opportunity). The

 

 

HB0001 Enrolled- 109 -LRB098 02716 MLW 32724 b

1    total credit allowed shall not exceed $40,000 per year with
2    a maximum total of $150,000 per site. For partners and
3    shareholders of subchapter S corporations, there shall be
4    allowed a credit under this subsection to be determined in
5    accordance with the determination of income and
6    distributive share of income under Sections 702 and 704 and
7    subchapter S of the Internal Revenue Code.
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. The
12    term "unused credit" does not include any amounts of
13    unreimbursed eligible remediation costs in excess of the
14    maximum credit per site authorized under paragraph (i).
15    This credit shall be applied first to the earliest year for
16    which there is a liability. If there is a credit under this
17    subsection from more than one tax year that is available to
18    offset a liability, the earliest credit arising under this
19    subsection shall be applied first. A credit allowed under
20    this subsection may be sold to a buyer as part of a sale of
21    all or part of the remediation site for which the credit
22    was granted. The purchaser of a remediation site and the
23    tax credit shall succeed to the unused credit and remaining
24    carry-forward period of the seller. To perfect the
25    transfer, the assignor shall record the transfer in the
26    chain of title for the site and provide written notice to

 

 

HB0001 Enrolled- 110 -LRB098 02716 MLW 32724 b

1    the Director of the Illinois Department of Revenue of the
2    assignor's intent to sell the remediation site and the
3    amount of the tax credit to be transferred as a portion of
4    the sale. In no event may a credit be transferred to any
5    taxpayer if the taxpayer or a related party would not be
6    eligible under the provisions of subsection (i).
7        (iii) For purposes of this Section, the term "site"
8    shall have the same meaning as under Section 58.2 of the
9    Environmental Protection Act.
10    (m) Education expense credit. Beginning with tax years
11ending after December 31, 1999, a taxpayer who is the custodian
12of one or more qualifying pupils shall be allowed a credit
13against the tax imposed by subsections (a) and (b) of this
14Section for qualified education expenses incurred on behalf of
15the qualifying pupils. The credit shall be equal to 25% of
16qualified education expenses, but in no event may the total
17credit under this subsection claimed by a family that is the
18custodian of qualifying pupils exceed $500. In no event shall a
19credit under this subsection reduce the taxpayer's liability
20under this Act to less than zero. This subsection is exempt
21from the provisions of Section 250 of this Act.
22    For purposes of this subsection:
23    "Qualifying pupils" means individuals who (i) are
24residents of the State of Illinois, (ii) are under the age of
2521 at the close of the school year for which a credit is
26sought, and (iii) during the school year for which a credit is

 

 

HB0001 Enrolled- 111 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 112 -LRB098 02716 MLW 32724 b

1    Protection Agency ("Agency") under Section 58.14a of the
2    Environmental Protection Act that were paid in performing
3    environmental remediation at a site within a River Edge
4    Redevelopment Zone for which a No Further Remediation
5    Letter was issued by the Agency and recorded under Section
6    58.10 of the Environmental Protection Act. The credit must
7    be claimed for the taxable year in which Agency approval of
8    the eligible remediation costs is granted. The credit is
9    not available to any taxpayer if the taxpayer or any
10    related party caused or contributed to, in any material
11    respect, a release of regulated substances on, in, or under
12    the site that was identified and addressed by the remedial
13    action pursuant to the Site Remediation Program of the
14    Environmental Protection Act. Determinations as to credit
15    availability for purposes of this Section shall be made
16    consistent with rules adopted by the Pollution Control
17    Board pursuant to the Illinois Administrative Procedure
18    Act for the administration and enforcement of Section 58.9
19    of the Environmental Protection Act. For purposes of this
20    Section, "taxpayer" includes a person whose tax attributes
21    the taxpayer has succeeded to under Section 381 of the
22    Internal Revenue Code and "related party" includes the
23    persons disallowed a deduction for losses by paragraphs
24    (b), (c), and (f)(1) of Section 267 of the Internal Revenue
25    Code by virtue of being a related taxpayer, as well as any
26    of its partners. The credit allowed against the tax imposed

 

 

HB0001 Enrolled- 113 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 114 -LRB098 02716 MLW 32724 b

1    shall have the same meaning as under Section 58.2 of the
2    Environmental Protection Act.
3    (o) For each of taxable years during the Compassionate Use
4of Medical Cannabis Pilot Program, a surcharge is imposed on
5all taxpayers on income arising from the sale or exchange of
6capital assets, depreciable business property, real property
7used in the trade or business, and Section 197 intangibles of
8an organization registrant under the Compassionate Use of
9Medical Cannabis Pilot Program Act. The amount of the surcharge
10is equal to the amount of federal income tax liability for the
11taxable year attributable to those sales and exchanges. The
12surcharge imposed does not apply if:
13        (1) the medical cannabis cultivation center
14    registration, medical cannabis dispensary registration, or
15    the property of a registration is transferred as a result
16    of any of the following:
17            (A) bankruptcy, a receivership, or a debt
18        adjustment initiated by or against the initial
19        registration or the substantial owners of the initial
20        registration;
21            (B) cancellation, revocation, or termination of
22        any registration by the Illinois Department of Public
23        Health;
24            (C) a determination by the Illinois Department of
25        Public Health that transfer of the registration is in
26        the best interests of Illinois qualifying patients as

 

 

HB0001 Enrolled- 115 -LRB098 02716 MLW 32724 b

1        defined by the Compassionate Use of Medical Cannabis
2        Pilot Program Act;
3            (D) the death of an owner of the equity interest in
4        a registrant;
5            (E) the acquisition of a controlling interest in
6        the stock or substantially all of the assets of a
7        publicly traded company;
8            (F) a transfer by a parent company to a wholly
9        owned subsidiary; or
10            (G) the transfer or sale to or by one person to
11        another person where both persons were initial owners
12        of the registration when the registration was issued;
13        or
14        (2) the cannabis cultivation center registration,
15    medical cannabis dispensary registration, or the
16    controlling interest in a registrant's property is
17    transferred in a transaction to lineal descendants in which
18    no gain or loss is recognized or as a result of a
19    transaction in accordance with Section 351 of the Internal
20    Revenue Code in which no gain or loss is recognized.
21(Source: P.A. 96-115, eff. 7-31-09; 96-116, eff. 7-31-09;
2296-937, eff. 6-23-10; 96-1000, eff. 7-2-10; 96-1496, eff.
231-13-11; 97-2, eff. 5-6-11; 97-636, eff. 6-1-12; 97-905, eff.
248-7-12.)
 
25    Section 915. The Use Tax Act is amended by changing Section

 

 

HB0001 Enrolled- 116 -LRB098 02716 MLW 32724 b

13-10 as follows:
 
2    (35 ILCS 105/3-10)
3    Sec. 3-10. Rate of tax. Unless otherwise provided in this
4Section, the tax imposed by this Act is at the rate of 6.25% of
5either the selling price or the fair market value, if any, of
6the tangible personal property. In all cases where property
7functionally used or consumed is the same as the property that
8was purchased at retail, then the tax is imposed on the selling
9price of the property. In all cases where property functionally
10used or consumed is a by-product or waste product that has been
11refined, manufactured, or produced from property purchased at
12retail, then the tax is imposed on the lower of the fair market
13value, if any, of the specific property so used in this State
14or on the selling price of the property purchased at retail.
15For purposes of this Section "fair market value" means the
16price at which property would change hands between a willing
17buyer and a willing seller, neither being under any compulsion
18to buy or sell and both having reasonable knowledge of the
19relevant facts. The fair market value shall be established by
20Illinois sales by the taxpayer of the same property as that
21functionally used or consumed, or if there are no such sales by
22the taxpayer, then comparable sales or purchases of property of
23like kind and character in Illinois.
24    Beginning on July 1, 2000 and through December 31, 2000,
25with respect to motor fuel, as defined in Section 1.1 of the

 

 

HB0001 Enrolled- 117 -LRB098 02716 MLW 32724 b

1Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
2the Use Tax Act, the tax is imposed at the rate of 1.25%.
3    Beginning on August 6, 2010 through August 15, 2010, with
4respect to sales tax holiday items as defined in Section 3-6 of
5this Act, the tax is imposed at the rate of 1.25%.
6    With respect to gasohol, the tax imposed by this Act
7applies to (i) 70% of the proceeds of sales made on or after
8January 1, 1990, and before July 1, 2003, (ii) 80% of the
9proceeds of sales made on or after July 1, 2003 and on or
10before December 31, 2018, and (iii) 100% of the proceeds of
11sales made thereafter. If, at any time, however, the tax under
12this Act on sales of gasohol is imposed at the rate of 1.25%,
13then the tax imposed by this Act applies to 100% of the
14proceeds of sales of gasohol made during that time.
15    With respect to majority blended ethanol fuel, the tax
16imposed by this Act does not apply to the proceeds of sales
17made on or after July 1, 2003 and on or before December 31,
182018 but applies to 100% of the proceeds of sales made
19thereafter.
20    With respect to biodiesel blends with no less than 1% and
21no more than 10% biodiesel, the tax imposed by this Act applies
22to (i) 80% of the proceeds of sales made on or after July 1,
232003 and on or before December 31, 2018 and (ii) 100% of the
24proceeds of sales made thereafter. If, at any time, however,
25the tax under this Act on sales of biodiesel blends with no
26less than 1% and no more than 10% biodiesel is imposed at the

 

 

HB0001 Enrolled- 118 -LRB098 02716 MLW 32724 b

1rate of 1.25%, then the tax imposed by this Act applies to 100%
2of the proceeds of sales of biodiesel blends with no less than
31% and no more than 10% biodiesel made during that time.
4    With respect to 100% biodiesel and biodiesel blends with
5more than 10% but no more than 99% biodiesel, the tax imposed
6by this Act does not apply to the proceeds of sales made on or
7after July 1, 2003 and on or before December 31, 2018 but
8applies to 100% of the proceeds of sales made thereafter.
9    With respect to food for human consumption that is to be
10consumed off the premises where it is sold (other than
11alcoholic beverages, soft drinks, and food that has been
12prepared for immediate consumption) and prescription and
13nonprescription medicines, drugs, medical appliances,
14modifications to a motor vehicle for the purpose of rendering
15it usable by a disabled person, and insulin, urine testing
16materials, syringes, and needles used by diabetics, for human
17use, the tax is imposed at the rate of 1%. For the purposes of
18this Section, until September 1, 2009: the term "soft drinks"
19means any complete, finished, ready-to-use, non-alcoholic
20drink, whether carbonated or not, including but not limited to
21soda water, cola, fruit juice, vegetable juice, carbonated
22water, and all other preparations commonly known as soft drinks
23of whatever kind or description that are contained in any
24closed or sealed bottle, can, carton, or container, regardless
25of size; but "soft drinks" does not include coffee, tea,
26non-carbonated water, infant formula, milk or milk products as

 

 

HB0001 Enrolled- 119 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 120 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 121 -LRB098 02716 MLW 32724 b

1    If the property that is purchased at retail from a retailer
2is acquired outside Illinois and used outside Illinois before
3being brought to Illinois for use here and is taxable under
4this Act, the "selling price" on which the tax is computed
5shall be reduced by an amount that represents a reasonable
6allowance for depreciation for the period of prior out-of-state
7use.
8(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
9eff. 7-13-09; 96-1000, eff. 7-2-10; 96-1012, eff. 7-7-10;
1097-636, eff. 6-1-12.)
 
11    Section 920. The Service Use Tax Act is amended by changing
12Section 3-10 as follows:
 
13    (35 ILCS 110/3-10)  (from Ch. 120, par. 439.33-10)
14    Sec. 3-10. Rate of tax. Unless otherwise provided in this
15Section, the tax imposed by this Act is at the rate of 6.25% of
16the selling price of tangible personal property transferred as
17an incident to the sale of service, but, for the purpose of
18computing this tax, in no event shall the selling price be less
19than the cost price of the property to the serviceman.
20    Beginning on July 1, 2000 and through December 31, 2000,
21with respect to motor fuel, as defined in Section 1.1 of the
22Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
23the Use Tax Act, the tax is imposed at the rate of 1.25%.
24    With respect to gasohol, as defined in the Use Tax Act, the

 

 

HB0001 Enrolled- 122 -LRB098 02716 MLW 32724 b

1tax imposed by this Act applies to (i) 70% of the selling price
2of property transferred as an incident to the sale of service
3on or after January 1, 1990, and before July 1, 2003, (ii) 80%
4of the selling price of property transferred as an incident to
5the sale of service on or after July 1, 2003 and on or before
6December 31, 2018, and (iii) 100% of the selling price
7thereafter. If, at any time, however, the tax under this Act on
8sales of gasohol, as defined in the Use Tax Act, is imposed at
9the rate of 1.25%, then the tax imposed by this Act applies to
10100% of the proceeds of sales of gasohol made during that time.
11    With respect to majority blended ethanol fuel, as defined
12in the Use Tax Act, the tax imposed by this Act does not apply
13to the selling price of property transferred as an incident to
14the sale of service on or after July 1, 2003 and on or before
15December 31, 2018 but applies to 100% of the selling price
16thereafter.
17    With respect to biodiesel blends, as defined in the Use Tax
18Act, with no less than 1% and no more than 10% biodiesel, the
19tax imposed by this Act applies to (i) 80% of the selling price
20of property transferred as an incident to the sale of service
21on or after July 1, 2003 and on or before December 31, 2018 and
22(ii) 100% of the proceeds of the selling price thereafter. If,
23at any time, however, the tax under this Act on sales of
24biodiesel blends, as defined in the Use Tax Act, with no less
25than 1% and no more than 10% biodiesel is imposed at the rate
26of 1.25%, then the tax imposed by this Act applies to 100% of

 

 

HB0001 Enrolled- 123 -LRB098 02716 MLW 32724 b

1the proceeds of sales of biodiesel blends with no less than 1%
2and no more than 10% biodiesel made during that time.
3    With respect to 100% biodiesel, as defined in the Use Tax
4Act, and biodiesel blends, as defined in the Use Tax Act, with
5more than 10% but no more than 99% biodiesel, the tax imposed
6by this Act does not apply to the proceeds of the selling price
7of property transferred as an incident to the sale of service
8on or after July 1, 2003 and on or before December 31, 2018 but
9applies to 100% of the selling price thereafter.
10    At the election of any registered serviceman made for each
11fiscal year, sales of service in which the aggregate annual
12cost price of tangible personal property transferred as an
13incident to the sales of service is less than 35%, or 75% in
14the case of servicemen transferring prescription drugs or
15servicemen engaged in graphic arts production, of the aggregate
16annual total gross receipts from all sales of service, the tax
17imposed by this Act shall be based on the serviceman's cost
18price of the tangible personal property transferred as an
19incident to the sale of those services.
20    The tax shall be imposed at the rate of 1% on food prepared
21for immediate consumption and transferred incident to a sale of
22service subject to this Act or the Service Occupation Tax Act
23by an entity licensed under the Hospital Licensing Act, the
24Nursing Home Care Act, the ID/DD Community Care Act, the
25Specialized Mental Health Rehabilitation Act, or the Child Care
26Act of 1969. The tax shall also be imposed at the rate of 1% on

 

 

HB0001 Enrolled- 124 -LRB098 02716 MLW 32724 b

1food for human consumption that is to be consumed off the
2premises where it is sold (other than alcoholic beverages, soft
3drinks, and food that has been prepared for immediate
4consumption and is not otherwise included in this paragraph)
5and prescription and nonprescription medicines, drugs, medical
6appliances, modifications to a motor vehicle for the purpose of
7rendering it usable by a disabled person, and insulin, urine
8testing materials, syringes, and needles used by diabetics, for
9human use. For the purposes of this Section, until September 1,
102009: the term "soft drinks" means any complete, finished,
11ready-to-use, non-alcoholic drink, whether carbonated or not,
12including but not limited to soda water, cola, fruit juice,
13vegetable juice, carbonated water, and all other preparations
14commonly known as soft drinks of whatever kind or description
15that are contained in any closed or sealed bottle, can, carton,
16or container, regardless of size; but "soft drinks" does not
17include coffee, tea, non-carbonated water, infant formula,
18milk or milk products as defined in the Grade A Pasteurized
19Milk and Milk Products Act, or drinks containing 50% or more
20natural fruit or vegetable juice.
21    Notwithstanding any other provisions of this Act,
22beginning September 1, 2009, "soft drinks" means non-alcoholic
23beverages that contain natural or artificial sweeteners. "Soft
24drinks" do not include beverages that contain milk or milk
25products, soy, rice or similar milk substitutes, or greater
26than 50% of vegetable or fruit juice by volume.

 

 

HB0001 Enrolled- 125 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 126 -LRB098 02716 MLW 32724 b

1shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
2lotions and screens, unless those products are available by
3prescription only, regardless of whether the products meet the
4definition of "over-the-counter-drugs". For the purposes of
5this paragraph, "over-the-counter-drug" means a drug for human
6use that contains a label that identifies the product as a drug
7as required by 21 C.F.R. 201.66. The "over-the-counter-drug"
8label includes:
9        (A) A "Drug Facts" panel; or
10        (B) A statement of the "active ingredient(s)" with a
11    list of those ingredients contained in the compound,
12    substance or preparation.
13    Beginning on the effective date of this amendatory Act of
14the 98th General Assembly, "prescription and nonprescription
15medicines and drugs" includes medical cannabis purchased from a
16registered dispensing organization under the Compassionate Use
17of Medical Cannabis Pilot Program Act.
18    If the property that is acquired from a serviceman is
19acquired outside Illinois and used outside Illinois before
20being brought to Illinois for use here and is taxable under
21this Act, the "selling price" on which the tax is computed
22shall be reduced by an amount that represents a reasonable
23allowance for depreciation for the period of prior out-of-state
24use.
25(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
26eff. 7-13-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10; 97-38,

 

 

HB0001 Enrolled- 127 -LRB098 02716 MLW 32724 b

1eff. 6-28-11; 97-227, eff. 1-1-12; 97-636, eff. 6-1-12.)
 
2    Section 925. The Service Occupation Tax Act is amended by
3changing Section 3-10 as follows:
 
4    (35 ILCS 115/3-10)  (from Ch. 120, par. 439.103-10)
5    Sec. 3-10. Rate of tax. Unless otherwise provided in this
6Section, the tax imposed by this Act is at the rate of 6.25% of
7the "selling price", as defined in Section 2 of the Service Use
8Tax Act, of the tangible personal property. For the purpose of
9computing this tax, in no event shall the "selling price" be
10less than the cost price to the serviceman of the tangible
11personal property transferred. The selling price of each item
12of tangible personal property transferred as an incident of a
13sale of service may be shown as a distinct and separate item on
14the serviceman's billing to the service customer. If the
15selling price is not so shown, the selling price of the
16tangible personal property is deemed to be 50% of the
17serviceman's entire billing to the service customer. When,
18however, a serviceman contracts to design, develop, and produce
19special order machinery or equipment, the tax imposed by this
20Act shall be based on the serviceman's cost price of the
21tangible personal property transferred incident to the
22completion of the contract.
23    Beginning on July 1, 2000 and through December 31, 2000,
24with respect to motor fuel, as defined in Section 1.1 of the

 

 

HB0001 Enrolled- 128 -LRB098 02716 MLW 32724 b

1Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
2the Use Tax Act, the tax is imposed at the rate of 1.25%.
3    With respect to gasohol, as defined in the Use Tax Act, the
4tax imposed by this Act shall apply to (i) 70% of the cost
5price of property transferred as an incident to the sale of
6service on or after January 1, 1990, and before July 1, 2003,
7(ii) 80% of the selling price of property transferred as an
8incident to the sale of service on or after July 1, 2003 and on
9or before December 31, 2018, and (iii) 100% of the cost price
10thereafter. If, at any time, however, the tax under this Act on
11sales of gasohol, as defined in the Use Tax Act, is imposed at
12the rate of 1.25%, then the tax imposed by this Act applies to
13100% of the proceeds of sales of gasohol made during that time.
14    With respect to majority blended ethanol fuel, as defined
15in the Use Tax Act, the tax imposed by this Act does not apply
16to the selling price of property transferred as an incident to
17the sale of service on or after July 1, 2003 and on or before
18December 31, 2018 but applies to 100% of the selling price
19thereafter.
20    With respect to biodiesel blends, as defined in the Use Tax
21Act, with no less than 1% and no more than 10% biodiesel, the
22tax imposed by this Act applies to (i) 80% of the selling price
23of property transferred as an incident to the sale of service
24on or after July 1, 2003 and on or before December 31, 2018 and
25(ii) 100% of the proceeds of the selling price thereafter. If,
26at any time, however, the tax under this Act on sales of

 

 

HB0001 Enrolled- 129 -LRB098 02716 MLW 32724 b

1biodiesel blends, as defined in the Use Tax Act, with no less
2than 1% and no more than 10% biodiesel is imposed at the rate
3of 1.25%, then the tax imposed by this Act applies to 100% of
4the proceeds of sales of biodiesel blends with no less than 1%
5and no more than 10% biodiesel made during that time.
6    With respect to 100% biodiesel, as defined in the Use Tax
7Act, and biodiesel blends, as defined in the Use Tax Act, with
8more than 10% but no more than 99% biodiesel material, the tax
9imposed by this Act does not apply to the proceeds of the
10selling price of property transferred as an incident to the
11sale of service on or after July 1, 2003 and on or before
12December 31, 2018 but applies to 100% of the selling price
13thereafter.
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 incident to
23the 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

 

 

HB0001 Enrolled- 130 -LRB098 02716 MLW 32724 b

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 can, carton, or
20container, 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

 

 

HB0001 Enrolled- 131 -LRB098 02716 MLW 32724 b

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,

 

 

HB0001 Enrolled- 132 -LRB098 02716 MLW 32724 b

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(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
23eff. 7-13-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10; 97-38,
24eff. 6-28-11; 97-227, eff. 1-1-12; 97-636, eff. 6-1-12.)
 
25    Section 930. The Retailers' Occupation Tax Act is amended

 

 

HB0001 Enrolled- 133 -LRB098 02716 MLW 32724 b

1by changing Section 2-10 as follows:
 
2    (35 ILCS 120/2-10)
3    Sec. 2-10. Rate of tax. Unless otherwise provided in this
4Section, the tax imposed by this Act is at the rate of 6.25% of
5gross receipts from sales of tangible personal property made in
6the course of business.
7    Beginning on July 1, 2000 and through December 31, 2000,
8with respect to motor fuel, as defined in Section 1.1 of the
9Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
10the Use Tax Act, the tax is imposed at the rate of 1.25%.
11    Beginning on August 6, 2010 through August 15, 2010, with
12respect to sales tax holiday items as defined in Section 2-8 of
13this Act, the tax is imposed at the rate of 1.25%.
14    Within 14 days after the effective date of this amendatory
15Act of the 91st General Assembly, each retailer of motor fuel
16and gasohol shall cause the following notice to be posted in a
17prominently visible place on each retail dispensing device that
18is used to dispense motor fuel or gasohol in the State of
19Illinois: "As of July 1, 2000, the State of Illinois has
20eliminated the State's share of sales tax on motor fuel and
21gasohol through December 31, 2000. The price on this pump
22should reflect the elimination of the tax." The notice shall be
23printed in bold print on a sign that is no smaller than 4
24inches by 8 inches. The sign shall be clearly visible to
25customers. Any retailer who fails to post or maintain a

 

 

HB0001 Enrolled- 134 -LRB098 02716 MLW 32724 b

1required sign through December 31, 2000 is guilty of a petty
2offense for which the fine shall be $500 per day per each
3retail premises where a violation occurs.
4    With respect to gasohol, as defined in the Use Tax Act, the
5tax imposed by this Act applies to (i) 70% of the proceeds of
6sales made on or after January 1, 1990, and before July 1,
72003, (ii) 80% of the proceeds of sales made on or after July
81, 2003 and on or before December 31, 2018, and (iii) 100% of
9the proceeds of sales made thereafter. If, at any time,
10however, the tax under this Act on sales of gasohol, as defined
11in the Use Tax Act, is imposed at the rate of 1.25%, then the
12tax imposed by this Act applies to 100% of the proceeds of
13sales of gasohol made during that time.
14    With respect to majority blended ethanol fuel, as defined
15in the Use Tax Act, the tax imposed by this Act does not apply
16to the proceeds of sales made on or after July 1, 2003 and on or
17before December 31, 2018 but applies to 100% of the proceeds of
18sales made thereafter.
19    With respect to biodiesel blends, as defined in the Use Tax
20Act, with no less than 1% and no more than 10% biodiesel, the
21tax imposed by this Act applies to (i) 80% of the proceeds of
22sales made on or after July 1, 2003 and on or before December
2331, 2018 and (ii) 100% of the proceeds of sales made
24thereafter. If, at any time, however, the tax under this Act on
25sales of biodiesel blends, as defined in the Use Tax Act, with
26no less than 1% and no more than 10% biodiesel is imposed at

 

 

HB0001 Enrolled- 135 -LRB098 02716 MLW 32724 b

1the rate of 1.25%, then the tax imposed by this Act applies to
2100% of the proceeds of sales of biodiesel blends with no less
3than 1% and no more than 10% biodiesel made during that time.
4    With respect to 100% biodiesel, as defined in the Use Tax
5Act, and biodiesel blends, as defined in the Use Tax Act, with
6more than 10% but no more than 99% biodiesel, the tax imposed
7by this Act does not apply to the proceeds of sales made on or
8after July 1, 2003 and on or before December 31, 2018 but
9applies to 100% of the proceeds of sales made thereafter.
10    With respect to food for human consumption that is to be
11consumed off the premises where it is sold (other than
12alcoholic beverages, soft drinks, and food that has been
13prepared for immediate consumption) and prescription and
14nonprescription medicines, drugs, medical appliances,
15modifications to a motor vehicle for the purpose of rendering
16it usable by a disabled person, and insulin, urine testing
17materials, syringes, and needles used by diabetics, for human
18use, the tax is imposed at the rate of 1%. For the purposes of
19this Section, until September 1, 2009: the term "soft drinks"
20means any complete, finished, ready-to-use, non-alcoholic
21drink, whether carbonated or not, including but not limited to
22soda water, cola, fruit juice, vegetable juice, carbonated
23water, and all other preparations commonly known as soft drinks
24of whatever kind or description that are contained in any
25closed or sealed bottle, can, carton, or container, regardless
26of size; but "soft drinks" does not include coffee, tea,

 

 

HB0001 Enrolled- 136 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 137 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 138 -LRB098 02716 MLW 32724 b

1of Medical Cannabis Pilot Program Act.
2(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
3eff. 7-13-09; 96-1000, eff. 7-2-10; 96-1012, eff. 7-7-10;
497-636, eff. 6-1-12.)
 
5    Section 935. The Illinois Vehicle Code is amended by
6changing Sections 2-118.1, 6-206, 6-206.1, 6-208.1, 6-514,
711-501, 11-501.1, and 11-501.2 and by adding Section 11-502.1
8as follows:
 
9    (625 ILCS 5/2-118.1)  (from Ch. 95 1/2, par. 2-118.1)
10    Sec. 2-118.1. Opportunity for hearing; statutory summary
11alcohol or other drug related suspension or revocation pursuant
12to Section 11-501.1.
13    (a) A statutory summary suspension or revocation of driving
14privileges under Section 11-501.1 shall not become effective
15until the person is notified in writing of the impending
16suspension or revocation and informed that he may request a
17hearing in the circuit court of venue under paragraph (b) of
18this Section and the statutory summary suspension or revocation
19shall become effective as provided in Section 11-501.1.
20    (b) Within 90 days after the notice of statutory summary
21suspension or revocation served under Section 11-501.1, the
22person may make a written request for a judicial hearing in the
23circuit court of venue. The request to the circuit court shall
24state the grounds upon which the person seeks to have the

 

 

HB0001 Enrolled- 139 -LRB098 02716 MLW 32724 b

1statutory summary suspension or revocation rescinded. Within
230 days after receipt of the written request or the first
3appearance date on the Uniform Traffic Ticket issued pursuant
4to a violation of Section 11-501, or a similar provision of a
5local ordinance, the hearing shall be conducted by the circuit
6court having jurisdiction. This judicial hearing, request, or
7process shall not stay or delay the statutory summary
8suspension or revocation. The hearings shall proceed in the
9court in the same manner as in other civil proceedings.
10    The hearing may be conducted upon a review of the law
11enforcement officer's own official reports; provided however,
12that the person may subpoena the officer. Failure of the
13officer to answer the subpoena shall be considered grounds for
14a continuance if in the court's discretion the continuance is
15appropriate.
16    The scope of the hearing shall be limited to the issues of:
17        1. Whether the person was placed under arrest for an
18    offense as defined in Section 11-501, or a similar
19    provision of a local ordinance, as evidenced by the
20    issuance of a Uniform Traffic Ticket, or issued a Uniform
21    Traffic Ticket out of state as provided in subsection (a)
22    or (a-5) of Section 11-501.1; and
23        2. Whether the officer had reasonable grounds to
24    believe that the person was driving or in actual physical
25    control of a motor vehicle upon a highway while under the
26    influence of alcohol, other drug, or combination of both;

 

 

HB0001 Enrolled- 140 -LRB098 02716 MLW 32724 b

1    and
2        3. Whether the person, after being advised by the
3    officer that the privilege to operate a motor vehicle would
4    be suspended or revoked if the person refused to submit to
5    and complete the test or tests, did refuse to submit to or
6    complete the test or tests authorized under Section
7    11-501.1 to determine the person's alcohol or drug
8    concentration; or
9        4. Whether the person, after being advised by the
10    officer that the privilege to operate a motor vehicle would
11    be suspended if the person submits to a chemical test, or
12    tests, and the test discloses an alcohol concentration of
13    0.08 or more, or any amount of a drug, substance, or
14    compound in the person's blood or urine resulting from the
15    unlawful use or consumption of cannabis listed in the
16    Cannabis Control Act, a controlled substance listed in the
17    Illinois Controlled Substances Act, an intoxicating
18    compound as listed in the Use of Intoxicating Compounds
19    Act, or methamphetamine as listed in the Methamphetamine
20    Control and Community Protection Act, and the person did
21    submit to and complete the test or tests that determined an
22    alcohol concentration of 0.08 or more.
23        4.2. If the person is a qualifying patient licensed
24    under the Compassionate Use of Medical Cannabis Pilot
25    Program Act who is in possession of a valid registry card
26    issued under that Act, after being advised by the officer

 

 

HB0001 Enrolled- 141 -LRB098 02716 MLW 32724 b

1    that the privilege to operate a motor vehicle would be
2    suspended or revoked if the person refused to submit to and
3    complete the test or tests, did refuse to submit to or
4    complete the test or tests authorized under Section
5    11-501.1.
6        4.5. If the person is a qualifying patient licensed
7    under the Compassionate Use of Medical Cannabis Pilot
8    Program Act who is in possession of a valid registry card
9    issued under that Act, whether that person, after being
10    advised by the officer that the privilege to operate a
11    motor vehicle would be suspended if the person submits to a
12    standardized field sobriety test, or tests, and the test
13    indicates impairment resulting from the consumption of
14    cannabis, did submit to and complete the test or tests that
15    indicated impairment.
16        5. If the person's driving privileges were revoked,
17    whether the person was involved in a motor vehicle accident
18    that caused Type A injury or death to another.
19    Upon the conclusion of the judicial hearing, the circuit
20court shall sustain or rescind the statutory summary suspension
21or revocation and immediately notify the Secretary of State.
22Reports received by the Secretary of State under this Section
23shall be privileged information and for use only by the courts,
24police officers, and Secretary of State.
25(Source: P.A. 95-355, eff. 1-1-08; 96-1344, eff. 7-1-11.)
 

 

 

HB0001 Enrolled- 142 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 143 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 144 -LRB098 02716 MLW 32724 b

1        11. Has operated a motor vehicle upon a highway of this
2    State when the person's driving privilege or privilege to
3    obtain a driver's license or permit was revoked or
4    suspended unless the operation was authorized by a
5    monitoring device driving permit, judicial driving permit
6    issued prior to January 1, 2009, probationary license to
7    drive, or a restricted driving permit issued under this
8    Code;
9        12. Has submitted to any portion of the application
10    process for another person or has obtained the services of
11    another person to submit to any portion of the application
12    process for the purpose of obtaining a license,
13    identification card, or permit for some other person;
14        13. Has operated a motor vehicle upon a highway of this
15    State when the person's driver's license or permit was
16    invalid under the provisions of Sections 6-107.1 and 6-110;
17        14. Has committed a violation of Section 6-301,
18    6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
19    of the Illinois Identification Card Act;
20        15. Has been convicted of violating Section 21-2 of the
21    Criminal Code of 1961 or the Criminal Code of 2012 relating
22    to criminal trespass to vehicles in which case, the
23    suspension shall be for one year;
24        16. Has been convicted of violating Section 11-204 of
25    this Code relating to fleeing from a peace officer;
26        17. Has refused to submit to a test, or tests, as

 

 

HB0001 Enrolled- 145 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 146 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 147 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 148 -LRB098 02716 MLW 32724 b

1    Act, or methamphetamine as listed in the Methamphetamine
2    Control and Community Protection Act, in which case the
3    penalty shall be as prescribed in Section 6-208.1;
4        32. Has been convicted of Section 24-1.2 of the
5    Criminal Code of 1961 or the Criminal Code of 2012 relating
6    to the aggravated discharge of a firearm if the offender
7    was located in a motor vehicle at the time the firearm was
8    discharged, in which case the suspension shall be for 3
9    years;
10        33. Has as a driver, who was less than 21 years of age
11    on the date of the offense, been convicted a first time of
12    a violation of paragraph (a) of Section 11-502 of this Code
13    or a similar provision of a local ordinance;
14        34. Has committed a violation of Section 11-1301.5 of
15    this Code or a similar provision of a local ordinance;
16        35. Has committed a violation of Section 11-1301.6 of
17    this Code or a similar provision of a local ordinance;
18        36. Is under the age of 21 years at the time of arrest
19    and has been convicted of not less than 2 offenses against
20    traffic regulations governing the movement of vehicles
21    committed within any 24 month period. No revocation or
22    suspension shall be entered more than 6 months after the
23    date of last conviction;
24        37. Has committed a violation of subsection (c) of
25    Section 11-907 of this Code that resulted in damage to the
26    property of another or the death or injury of another;

 

 

HB0001 Enrolled- 149 -LRB098 02716 MLW 32724 b

1        38. Has been convicted of a violation of Section 6-20
2    of the Liquor Control Act of 1934 or a similar provision of
3    a local ordinance;
4        39. Has committed a second or subsequent violation of
5    Section 11-1201 of this Code;
6        40. Has committed a violation of subsection (a-1) of
7    Section 11-908 of this Code;
8        41. Has committed a second or subsequent violation of
9    Section 11-605.1 of this Code, a similar provision of a
10    local ordinance, or a similar violation in any other state
11    within 2 years of the date of the previous violation, in
12    which case the suspension shall be for 90 days;
13        42. Has committed a violation of subsection (a-1) of
14    Section 11-1301.3 of this Code or a similar provision of a
15    local ordinance;
16        43. Has received a disposition of court supervision for
17    a violation of subsection (a), (d), or (e) of Section 6-20
18    of the Liquor Control Act of 1934 or a similar provision of
19    a local ordinance, in which case the suspension shall be
20    for a period of 3 months;
21        44. Is under the age of 21 years at the time of arrest
22    and has been convicted of an offense against traffic
23    regulations governing the movement of vehicles after
24    having previously had his or her driving privileges
25    suspended or revoked pursuant to subparagraph 36 of this
26    Section;

 

 

HB0001 Enrolled- 150 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 151 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 152 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 153 -LRB098 02716 MLW 32724 b

1    employment or within the scope of the petitioner's
2    employment related duties, or to allow the petitioner to
3    transport himself or herself, or a family member of the
4    petitioner's household to a medical facility, to receive
5    necessary medical care, to allow the petitioner to
6    transport himself or herself to and from alcohol or drug
7    remedial or rehabilitative activity recommended by a
8    licensed service provider, or to allow the petitioner to
9    transport himself or herself or a family member of the
10    petitioner's household to classes, as a student, at an
11    accredited educational institution, or to allow the
12    petitioner to transport children, elderly persons, or
13    disabled persons who do not hold driving privileges and are
14    living in the petitioner's household to and from daycare.
15    The petitioner must demonstrate that no alternative means
16    of transportation is reasonably available and that the
17    petitioner will not endanger the public safety or welfare.
18    Those multiple offenders identified in subdivision (b)4 of
19    Section 6-208 of this Code, however, shall not be eligible
20    for the issuance of a restricted driving permit.
21             (A) If a person's license or permit is revoked or
22        suspended due to 2 or more convictions of violating
23        Section 11-501 of this Code or a similar provision of a
24        local ordinance or a similar out-of-state offense, or
25        Section 9-3 of the Criminal Code of 1961 or the
26        Criminal Code of 2012, where the use of alcohol or

 

 

HB0001 Enrolled- 154 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 155 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 156 -LRB098 02716 MLW 32724 b

1        revocation. A restricted driving permit issued under
2        this Section shall be subject to cancellation,
3        revocation, and suspension by the Secretary of State in
4        like manner and for like cause as a driver's license
5        issued under this Code may be cancelled, revoked, or
6        suspended; except that a conviction upon one or more
7        offenses against laws or ordinances regulating the
8        movement of traffic shall be deemed sufficient cause
9        for the revocation, suspension, or cancellation of a
10        restricted driving permit. The Secretary of State may,
11        as a condition to the issuance of a restricted driving
12        permit, require the applicant to participate in a
13        designated driver remedial or rehabilitative program.
14        The Secretary of State is authorized to cancel a
15        restricted driving permit if the permit holder does not
16        successfully complete the program.
17    (c-3) In the case of a suspension under paragraph 43 of
18subsection (a), reports received by the Secretary of State
19under this Section shall, except during the actual time the
20suspension is in effect, be privileged information and for use
21only by the courts, police officers, prosecuting authorities,
22the driver licensing administrator of any other state, the
23Secretary of State, or the parent or legal guardian of a driver
24under the age of 18. However, beginning January 1, 2008, if the
25person is a CDL holder, the suspension shall also be made
26available to the driver licensing administrator of any other

 

 

HB0001 Enrolled- 157 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 158 -LRB098 02716 MLW 32724 b

1(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09;
296-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff.
37-1-11; 96-1551, eff. 7-1-11; 97-229, eff. 7-28-11; 97-333,
4eff. 8-12-11; 97-743, eff. 1-1-13; 97-838, eff. 1-1-13; 97-844,
5eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
6    (625 ILCS 5/6-206.1)  (from Ch. 95 1/2, par. 6-206.1)
7    Sec. 6-206.1. Monitoring Device Driving Permit.
8Declaration of Policy. It is hereby declared a policy of the
9State of Illinois that the driver who is impaired by alcohol,
10other drug or drugs, or intoxicating compound or compounds is a
11threat to the public safety and welfare. Therefore, to provide
12a deterrent to such practice, a statutory summary driver's
13license suspension is appropriate. It is also recognized that
14driving is a privilege and therefore, that the granting of
15driving privileges, in a manner consistent with public safety,
16is warranted during the period of suspension in the form of a
17monitoring device driving permit. A person who drives and fails
18to comply with the requirements of the monitoring device
19driving permit commits a violation of Section 6-303 of this
20Code.
21    The following procedures shall apply whenever a first
22offender, as defined in Section 11-500 of this Code, is
23arrested for any offense as defined in Section 11-501 or a
24similar provision of a local ordinance and is subject to the
25provisions of Section 11-501.1:

 

 

HB0001 Enrolled- 159 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 160 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 161 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 162 -LRB098 02716 MLW 32724 b

1a family member of the person holding the MDDP. No person may
2use this exemption to drive an employer-owned vehicle that is
3made available to the employee for personal use. No person may
4drive the exempted vehicle more than 12 hours per day, 6 days
5per week.
6    (a-3) Persons who are issued a MDDP and who must drive a
7farm tractor to and from a farm, within 50 air miles from the
8originating farm are exempt from installation of a BAIID on the
9farm tractor, so long as the farm tractor is being used for the
10exclusive purpose of conducting farm operations.
11    (b) (Blank).
12    (c) (Blank).
13    (c-1) If the holder of the MDDP is convicted of or receives
14court supervision for a violation of Section 6-206.2, 6-303,
1511-204, 11-204.1, 11-401, 11-501, 11-503, 11-506 or a similar
16provision of a local ordinance or a similar out-of-state
17offense or is convicted of or receives court supervision for
18any offense for which alcohol or drugs is an element of the
19offense and in which a motor vehicle was involved (for an
20arrest other than the one for which the MDDP is issued), or
21de-installs the BAIID without prior authorization from the
22Secretary, the MDDP shall be cancelled.
23    (c-5) If the Secretary determines that the person seeking
24the MDDP is indigent, the Secretary shall provide the person
25with a written document as evidence of that determination, and
26the person shall provide that written document to an ignition

 

 

HB0001 Enrolled- 163 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 164 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 165 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 166 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 167 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 168 -LRB098 02716 MLW 32724 b

1every 3 months. If the amount of money in the fund at the time
2payments are made is not sufficient to pay all requests for
3reimbursement submitted during that 3 month period, the
4Secretary shall make payments on a pro-rata basis, and those
5payments shall be considered payment in full for the requests
6submitted.
7    (p) The Monitoring Device Driving Permit Administration
8Fee Fund is created as a special fund in the State treasury.
9The Secretary shall, subject to appropriation by the General
10Assembly, use the money paid into this fund to offset its
11administrative costs for administering MDDPs.
12    (q) The Secretary is authorized to prescribe such forms as
13it deems necessary to carry out the provisions of this Section.
14(Source: P.A. 96-184, eff. 8-10-09; 96-1526, eff. 2-14-11;
1597-229; 97-813, eff. 7-13-12; 97-1150, eff. 1-25-13.)
 
16    (625 ILCS 5/6-208.1)  (from Ch. 95 1/2, par. 6-208.1)
17    (Text of Section from P.A. 96-1526)
18    Sec. 6-208.1. Period of statutory summary alcohol, other
19drug, or intoxicating compound related suspension.
20    (a) Unless the statutory summary suspension has been
21rescinded, any person whose privilege to drive a motor vehicle
22on the public highways has been summarily suspended, pursuant
23to Section 11-501.1, shall not be eligible for restoration of
24the privilege until the expiration of:
25        1. Twelve months from the effective date of the

 

 

HB0001 Enrolled- 169 -LRB098 02716 MLW 32724 b

1    statutory summary suspension for a refusal or failure to
2    complete a test or tests authorized under to determine the
3    alcohol, drug, or intoxicating compound concentration,
4    pursuant to Section 11-501.1; or
5        2. Six months from the effective date of the statutory
6    summary suspension imposed following the person's
7    submission to a chemical test which disclosed an alcohol
8    concentration of 0.08 or more, or any amount of a drug,
9    substance, or intoxicating compound in such person's
10    breath, blood, or urine resulting from the unlawful use or
11    consumption of cannabis listed in the Cannabis Control Act,
12    a controlled substance listed in the Illinois Controlled
13    Substances Act, an intoxicating compound listed in the Use
14    of Intoxicating Compounds Act, or methamphetamine as
15    listed in the Methamphetamine Control and Community
16    Protection Act, pursuant to Section 11-501.1; or
17        3. Three years from the effective date of the statutory
18    summary suspension for any person other than a first
19    offender who refuses or fails to complete a test or tests
20    to determine the alcohol, drug, or intoxicating compound
21    concentration pursuant to Section 11-501.1; or
22        4. One year from the effective date of the summary
23    suspension imposed for any person other than a first
24    offender following submission to a chemical test which
25    disclosed an alcohol concentration of 0.08 or more pursuant
26    to Section 11-501.1 or any amount of a drug, substance or

 

 

HB0001 Enrolled- 170 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 171 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 172 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 173 -LRB098 02716 MLW 32724 b

1        4. One year from the effective date of the summary
2    suspension imposed for any person other than a first
3    offender following submission to a chemical test which
4    disclosed an alcohol concentration of 0.08 or more pursuant
5    to Section 11-501.1 or any amount of a drug, substance or
6    compound in such person's blood or urine resulting from the
7    unlawful use or consumption of cannabis listed in the
8    Cannabis Control Act, a controlled substance listed in the
9    Illinois Controlled Substances Act, an intoxicating
10    compound listed in the Use of Intoxicating Compounds Act,
11    or methamphetamine as listed in the Methamphetamine
12    Control and Community Protection Act; or .
13        5. Six months from the effective date of the statutory
14    summary suspension imposed for any person following
15    submission to a standardized field sobriety test that
16    disclosed impairment if the person is a qualifying patient
17    licensed under the Compassionate Use of Medical Cannabis
18    Pilot Program Act who is in possession of a valid registry
19    card issued under that Act and submitted to testing under
20    subsection (a-5) of Section 11-501.1.
21    (a-1) Unless the statutory summary revocation has been
22rescinded, any person whose privilege to drive has been
23summarily revoked pursuant to Section 11-501.1 may not make
24application for a license or permit until the expiration of one
25year from the effective date of the summary revocation.
26    (b) Following a statutory summary suspension of the

 

 

HB0001 Enrolled- 174 -LRB098 02716 MLW 32724 b

1privilege to drive a motor vehicle under Section 11-501.1,
2driving privileges shall be restored unless the person is
3otherwise suspended, revoked, or cancelled by this Code. If the
4court has reason to believe that the person's driving privilege
5should not be restored, the court shall notify the Secretary of
6State prior to the expiration of the statutory summary
7suspension so appropriate action may be taken pursuant to this
8Code.
9    (c) Driving privileges may not be restored until all
10applicable reinstatement fees, as provided by this Code, have
11been paid to the Secretary of State and the appropriate entry
12made to the driver's record.
13    (d) Where a driving privilege has been summarily suspended
14or revoked under Section 11-501.1 and the person is
15subsequently convicted of violating Section 11-501, or a
16similar provision of a local ordinance, for the same incident,
17any period served on statutory summary suspension or revocation
18shall be credited toward the minimum period of revocation of
19driving privileges imposed pursuant to Section 6-205.
20    (e) Following a statutory summary suspension of driving
21privileges pursuant to Section 11-501.1, for a first offender,
22the circuit court shall, unless the offender has opted in
23writing not to have a monitoring device driving permit issued,
24order the Secretary of State to issue a monitoring device
25driving permit as provided in Section 6-206.1. A monitoring
26device driving permit shall not be effective prior to the 31st

 

 

HB0001 Enrolled- 175 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 176 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 177 -LRB098 02716 MLW 32724 b

1        combination of drugs to a degree which renders such
2        person incapable of safely driving; or
3            (ii) Knowingly leaving the scene of an accident
4        while operating a commercial motor vehicle or, if the
5        driver is a CDL holder, while driving a non-CMV; or
6            (iii) Driving a commercial motor vehicle or, if the
7        driver is a CDL holder, driving a non-CMV while
8        committing any felony; or
9            (iv) Driving a commercial motor vehicle while the
10        person's driving privileges or driver's license or
11        permit is revoked, suspended, or cancelled or the
12        driver is disqualified from operating a commercial
13        motor vehicle; or
14            (v) Causing a fatality through the negligent
15        operation of a commercial motor vehicle, including but
16        not limited to the crimes of motor vehicle
17        manslaughter, homicide by a motor vehicle, and
18        negligent homicide.
19            As used in this subdivision (a)(3)(v), "motor
20        vehicle manslaughter" means the offense of involuntary
21        manslaughter if committed by means of a vehicle;
22        "homicide by a motor vehicle" means the offense of
23        first degree murder or second degree murder, if either
24        offense is committed by means of a vehicle; and
25        "negligent homicide" means reckless homicide under
26        Section 9-3 of the Criminal Code of 1961 or the

 

 

HB0001 Enrolled- 178 -LRB098 02716 MLW 32724 b

1        Criminal Code of 2012 and aggravated driving under the
2        influence of alcohol, other drug or drugs,
3        intoxicating compound or compounds, or any combination
4        thereof under subdivision (d)(1)(F) of Section 11-501
5        of this Code.
6        If any of the above violations or refusals occurred
7    while transporting hazardous material(s) required to be
8    placarded, the person shall be disqualified for a period of
9    not less than 3 years; or .
10        (4) 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, operating a commercial motor vehicle
14    under impairment resulting from the consumption of
15    cannabis, as determined by failure of standardized field
16    sobriety tests administered by a law enforcement officer as
17    directed by subsection (a-5) of Section 11-501.2.
18    (b) A person is disqualified for life for a second
19conviction of any of the offenses specified in paragraph (a),
20or any combination of those offenses, arising from 2 or more
21separate incidents.
22    (c) A person is disqualified from driving a commercial
23motor vehicle for life if the person either (i) uses a
24commercial motor vehicle in the commission of any felony
25involving the manufacture, distribution, or dispensing of a
26controlled substance, or possession with intent to

 

 

HB0001 Enrolled- 179 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 180 -LRB098 02716 MLW 32724 b

1in a non-CMV would result in the suspension or revocation of
2the CDL holder's non-CMV privileges. If all the convictions
3occurred in a non-CMV, the disqualification shall be entered
4only if the convictions would result in the suspension or
5revocation of the CDL holder's non-CMV privileges.
6    (e-1) (Blank).
7    (f) Notwithstanding any other provision of this Code, any
8driver disqualified from operating a commercial motor vehicle,
9pursuant to this UCDLA, shall not be eligible for restoration
10of commercial driving privileges during any such period of
11disqualification.
12    (g) After suspending, revoking, or cancelling a commercial
13driver's license, the Secretary of State must update the
14driver's records to reflect such action within 10 days. After
15suspending or revoking the driving privilege of any person who
16has been issued a CDL or commercial driver instruction permit
17from another jurisdiction, the Secretary shall originate
18notification to such issuing jurisdiction within 10 days.
19    (h) The "disqualifications" referred to in this Section
20shall not be imposed upon any commercial motor vehicle driver,
21by the Secretary of State, unless the prohibited action(s)
22occurred after March 31, 1992.
23    (i) A person is disqualified from driving a commercial
24motor vehicle in accordance with the following:
25        (1) For 6 months upon a first conviction of paragraph
26    (2) of subsection (b) or subsection (b-3) of Section 6-507

 

 

HB0001 Enrolled- 181 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 182 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 183 -LRB098 02716 MLW 32724 b

1        described in Section 11-1202 of this Code;
2            (iv) For all drivers, failing to have sufficient
3        space to drive completely through the crossing without
4        stopping, as described in subsection (b) of Section
5        11-1425 of this Code;
6            (v) For all drivers, failing to obey a traffic
7        control device or the directions of an enforcement
8        official at the crossing, as described in subdivision
9        (a)2 of Section 11-1201 of this Code;
10            (vi) For all drivers, failing to negotiate a
11        crossing because of insufficient undercarriage
12        clearance, as described in subsection (d-1) of Section
13        11-1201 of this Code.
14        (2) Duration of disqualification for railroad-highway
15    grade crossing violation.
16            (i) First violation. A driver must be disqualified
17        from operating a commercial motor vehicle for not less
18        than 60 days if the driver is convicted of a violation
19        described in paragraph (1) of this subsection (j) and,
20        in the three-year period preceding the conviction, the
21        driver had no convictions for a violation described in
22        paragraph (1) of this subsection (j).
23            (ii) Second violation. A driver must be
24        disqualified from operating a commercial motor vehicle
25        for not less than 120 days if the driver is convicted
26        of a violation described in paragraph (1) of this

 

 

HB0001 Enrolled- 184 -LRB098 02716 MLW 32724 b

1        subsection (j) and, in the three-year period preceding
2        the conviction, the driver had one other conviction for
3        a violation described in paragraph (1) of this
4        subsection (j) that was committed in a separate
5        incident.
6            (iii) Third or subsequent violation. A driver must
7        be disqualified from operating a commercial motor
8        vehicle for not less than one year if the driver is
9        convicted of a violation described in paragraph (1) of
10        this subsection (j) and, in the three-year period
11        preceding the conviction, the driver had 2 or more
12        other convictions for violations described in
13        paragraph (1) of this subsection (j) that were
14        committed in separate incidents.
15    (k) Upon notification of a disqualification of a driver's
16commercial motor vehicle privileges imposed by the U.S.
17Department of Transportation, Federal Motor Carrier Safety
18Administration, in accordance with 49 C.F.R. 383.52, the
19Secretary of State shall immediately record to the driving
20record the notice of disqualification and confirm to the driver
21the action that has been taken.
22(Source: P.A. 96-544, eff. 1-1-10; 96-1080, eff. 7-16-10;
2396-1244, eff. 1-1-11; 97-333, eff. 8-12-11; 97-1150, eff.
241-25-13.)
 
25    (625 ILCS 5/11-501)  (from Ch. 95 1/2, par. 11-501)

 

 

HB0001 Enrolled- 185 -LRB098 02716 MLW 32724 b

1    Sec. 11-501. Driving while under the influence of alcohol,
2other drug or drugs, intoxicating compound or compounds or any
3combination thereof.
4    (a) A person shall not drive or be in actual physical
5control of any vehicle within this State while:
6        (1) the alcohol concentration in the person's blood or
7    breath is 0.08 or more based on the definition of blood and
8    breath units in Section 11-501.2;
9        (2) under the influence of alcohol;
10        (3) under the influence of any intoxicating compound or
11    combination of intoxicating compounds to a degree that
12    renders the person incapable of driving safely;
13        (4) under the influence of any other drug or
14    combination of drugs to a degree that renders the person
15    incapable of safely driving;
16        (5) under the combined influence of alcohol, other drug
17    or drugs, or intoxicating compound or compounds to a degree
18    that renders the person incapable of safely driving; or
19        (6) there is any amount of a drug, substance, or
20    compound in the person's breath, blood, or urine resulting
21    from the unlawful use or consumption of cannabis listed in
22    the Cannabis Control Act, a controlled substance listed in
23    the Illinois Controlled Substances Act, an intoxicating
24    compound listed in the Use of Intoxicating Compounds Act,
25    or methamphetamine as listed in the Methamphetamine
26    Control and Community Protection Act. Subject to all other

 

 

HB0001 Enrolled- 186 -LRB098 02716 MLW 32724 b

1    requirements and provisions under this Section, this
2    paragraph (6) does not apply to the lawful consumption of
3    cannabis by a qualifying patient licensed under the
4    Compassionate Use of Medical Cannabis Pilot Program Act who
5    is in possession of a valid registry card issued under that
6    Act, unless that person is impaired by the use of cannabis.
7    (b) The fact that any person charged with violating this
8Section is or has been legally entitled to use alcohol,
9cannabis under the Compassionate Use of Medical Cannabis Pilot
10Program Act, other drug or drugs, or intoxicating compound or
11compounds, or any combination thereof, shall not constitute a
12defense against any charge of violating this Section.
13    (c) Penalties.
14        (1) Except as otherwise provided in this Section, any
15    person convicted of violating subsection (a) of this
16    Section is guilty of a Class A misdemeanor.
17        (2) A person who violates subsection (a) or a similar
18    provision a second time shall be sentenced to a mandatory
19    minimum term of either 5 days of imprisonment or 240 hours
20    of community service in addition to any other criminal or
21    administrative sanction.
22        (3) A person who violates subsection (a) is subject to
23    6 months of imprisonment, an additional mandatory minimum
24    fine of $1,000, and 25 days of community service in a
25    program benefiting children if the person was transporting
26    a person under the age of 16 at the time of the violation.

 

 

HB0001 Enrolled- 187 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 188 -LRB098 02716 MLW 32724 b

1            (B) the person committed a violation of subsection
2        (a) while driving a school bus with persons 18 years of
3        age or younger on board;
4            (C) the person in committing a violation of
5        subsection (a) was involved in a motor vehicle accident
6        that resulted in great bodily harm or permanent
7        disability or disfigurement to another, when the
8        violation was a proximate cause of the injuries;
9            (D) the person committed a violation of subsection
10        (a) and has been previously convicted of violating
11        Section 9-3 of the Criminal Code of 1961 or the
12        Criminal Code of 2012 or a similar provision of a law
13        of another state relating to reckless homicide in which
14        the person was determined to have been under the
15        influence of alcohol, other drug or drugs, or
16        intoxicating compound or compounds as an element of the
17        offense or the person has previously been convicted
18        under subparagraph (C) or subparagraph (F) of this
19        paragraph (1);
20            (E) the person, in committing a violation of
21        subsection (a) while driving at any speed in a school
22        speed zone at a time when a speed limit of 20 miles per
23        hour was in effect under subsection (a) of Section
24        11-605 of this Code, was involved in a motor vehicle
25        accident that resulted in bodily harm, other than great
26        bodily harm or permanent disability or disfigurement,

 

 

HB0001 Enrolled- 189 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 190 -LRB098 02716 MLW 32724 b

1        that resulted in bodily harm, but not great bodily
2        harm, to the child under the age of 16 being
3        transported by the person, if the violation was the
4        proximate cause of the injury; or
5            (K) the person in committing a second violation of
6        subsection (a) or a similar provision was transporting
7        a person under the age of 16.
8        (2)(A) Except as provided otherwise, a person
9    convicted of aggravated driving under the influence of
10    alcohol, other drug or drugs, or intoxicating compound or
11    compounds, or any combination thereof is guilty of a Class
12    4 felony.
13        (B) A third violation of this Section or a similar
14    provision is a Class 2 felony. If at the time of the third
15    violation the alcohol concentration in his or her blood,
16    breath, or urine was 0.16 or more based on the definition
17    of blood, breath, or urine units in Section 11-501.2, a
18    mandatory minimum of 90 days of imprisonment and a
19    mandatory minimum fine of $2,500 shall be imposed in
20    addition to any other criminal or administrative sanction.
21    If at the time of the third violation, the defendant was
22    transporting a person under the age of 16, a mandatory fine
23    of $25,000 and 25 days of community service in a program
24    benefiting children shall be imposed in addition to any
25    other criminal or administrative sanction.
26        (C) A fourth violation of this Section or a similar

 

 

HB0001 Enrolled- 191 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 192 -LRB098 02716 MLW 32724 b

1    sanction.
2        (E) A sixth or subsequent violation of this Section or
3    similar provision is a Class X felony. If at the time of
4    the violation, the alcohol concentration in the
5    defendant's blood, breath, or urine was 0.16 or more based
6    on the definition of blood, breath, or urine units in
7    Section 11-501.2, a mandatory minimum fine of $5,000 shall
8    be imposed in addition to any other criminal or
9    administrative sanction. If at the time of the violation,
10    the defendant was transporting a person under the age of
11    16, a mandatory fine of $25,000 and 25 days of community
12    service in a program benefiting children shall be imposed
13    in addition to any other criminal or administrative
14    sanction.
15        (F) For a violation of subparagraph (C) of paragraph
16    (1) of this subsection (d), the defendant, if sentenced to
17    a term of imprisonment, shall be sentenced to not less than
18    one year nor more than 12 years.
19        (G) A violation of subparagraph (F) of paragraph (1) of
20    this subsection (d) is a Class 2 felony, for which the
21    defendant, unless the court determines that extraordinary
22    circumstances exist and require probation, shall be
23    sentenced to: (i) a term of imprisonment of not less than 3
24    years and not more than 14 years if the violation resulted
25    in the death of one person; or (ii) a term of imprisonment
26    of not less than 6 years and not more than 28 years if the

 

 

HB0001 Enrolled- 193 -LRB098 02716 MLW 32724 b

1    violation resulted in the deaths of 2 or more persons.
2        (H) For a violation of subparagraph (J) of paragraph
3    (1) of this subsection (d), a mandatory fine of $2,500, and
4    25 days of community service in a program benefiting
5    children shall be imposed in addition to any other criminal
6    or administrative sanction.
7        (I) A violation of subparagraph (K) of paragraph (1) of
8    this subsection (d), is a Class 2 felony and a mandatory
9    fine of $2,500, and 25 days of community service in a
10    program benefiting children shall be imposed in addition to
11    any other criminal or administrative sanction. If the child
12    being transported suffered bodily harm, but not great
13    bodily harm, in a motor vehicle accident, and the violation
14    was the proximate cause of that injury, a mandatory fine of
15    $5,000 and 25 days of community service in a program
16    benefiting children shall be imposed in addition to any
17    other criminal or administrative sanction.
18        (J) A violation of subparagraph (D) of paragraph (1) of
19    this subsection (d) is a Class 3 felony, for which a
20    sentence of probation or conditional discharge may not be
21    imposed.
22        (3) Any person sentenced under this subsection (d) who
23    receives a term of probation or conditional discharge must
24    serve a minimum term of either 480 hours of community
25    service or 10 days of imprisonment as a condition of the
26    probation or conditional discharge in addition to any other

 

 

HB0001 Enrolled- 194 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 195 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 196 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 197 -LRB098 02716 MLW 32724 b

1listed on the standardized field sobriety test results and any
2influence reports made by the arresting officer.
3    (b) Any person who is dead, unconscious, or who is
4otherwise in a condition rendering the person incapable of
5refusal, shall be deemed not to have withdrawn the consent
6provided by paragraph (a) of this Section and the test or tests
7may be administered, subject to the provisions of Section
811-501.2.
9    (c) A person requested to submit to a test as provided
10above shall be warned by the law enforcement officer requesting
11the test that a refusal to submit to the test will result in
12the statutory summary suspension of the person's privilege to
13operate a motor vehicle, as provided in Section 6-208.1 of this
14Code, and will also result in the disqualification of the
15person's privilege to operate a commercial motor vehicle, as
16provided in Section 6-514 of this Code, if the person is a CDL
17holder. The person shall also be warned that a refusal to
18submit to the test, when the person was involved in a motor
19vehicle accident that caused personal injury or death to
20another, will result in the statutory summary revocation of the
21person's privilege to operate a motor vehicle, as provided in
22Section 6-208.1, and will also result in the disqualification
23of the person's privilege to operate a commercial motor
24vehicle, as provided in Section 6-514 of this Code, if the
25person is a CDL holder. The person shall also be warned by the
26law enforcement officer that if the person submits to the test

 

 

HB0001 Enrolled- 198 -LRB098 02716 MLW 32724 b

1or tests provided in paragraph (a) of this Section and the
2alcohol concentration in the person's blood or breath is 0.08
3or greater, or any amount of a drug, substance, or compound
4resulting from the unlawful use or consumption of cannabis as
5covered by the Cannabis Control Act, a controlled substance
6listed in the Illinois Controlled Substances Act, an
7intoxicating compound listed in the Use of Intoxicating
8Compounds Act, or methamphetamine as listed in the
9Methamphetamine Control and Community Protection Act is
10detected in the person's blood or urine, or if the person fails
11the standardized field sobriety tests as required by paragraph
12(a-5), a statutory summary suspension of the person's privilege
13to operate a motor vehicle, as provided in Sections 6-208.1 and
1411-501.1 of this Code, and a disqualification of the person's
15privilege to operate a commercial motor vehicle, as provided in
16Section 6-514 of this Code, if the person is a CDL holder, will
17be imposed.
18    A person who is under the age of 21 at the time the person
19is requested to submit to a test as provided above shall, in
20addition to the warnings provided for in this Section, be
21further warned by the law enforcement officer requesting the
22test that if the person submits to the test or tests provided
23in paragraph (a) or (a-5) of this Section and the alcohol
24concentration in the person's blood or breath is greater than
250.00 and less than 0.08, a suspension of the person's privilege
26to operate a motor vehicle, as provided under Sections 6-208.2

 

 

HB0001 Enrolled- 199 -LRB098 02716 MLW 32724 b

1and 11-501.8 of this Code, will be imposed. The results of this
2test shall be admissible in a civil or criminal action or
3proceeding arising from an arrest for an offense as defined in
4Section 11-501 of this Code or a similar provision of a local
5ordinance or pursuant to Section 11-501.4 in prosecutions for
6reckless homicide brought under the Criminal Code of 1961 or
7the Criminal Code of 2012. These test results, however, shall
8be admissible only in actions or proceedings directly related
9to the incident upon which the test request was made.
10    (d) If the person refuses testing or submits to a test that
11discloses an alcohol concentration of 0.08 or more, or any
12amount of a drug, substance, or intoxicating compound in the
13person's breath, blood, or urine resulting from the unlawful
14use or consumption of cannabis listed in the Cannabis Control
15Act, a controlled substance listed in the Illinois Controlled
16Substances Act, an intoxicating compound listed in the Use of
17Intoxicating Compounds Act, or methamphetamine as listed in the
18Methamphetamine Control and Community Protection Act, the law
19enforcement officer shall immediately submit a sworn report to
20the circuit court of venue and the Secretary of State,
21certifying that the test or tests was or were requested under
22paragraph (a) or (a-5) and the person refused to submit to a
23test, or tests, or submitted to testing that disclosed an
24alcohol concentration of 0.08 or more. A sworn report
25indicating refusal or failure of testing under paragraph (a-5)
26of this Section shall include the factual basis of the

 

 

HB0001 Enrolled- 200 -LRB098 02716 MLW 32724 b

1arresting officer's reasonable suspicion that the person was
2under the influence of cannabis. The person's possession of a
3valid registry card under the Compassionate Use of Medical
4Cannabis Pilot Program Act alone is not sufficient basis for
5reasonable suspicion.
6    (e) Upon receipt of the sworn report of a law enforcement
7officer submitted under paragraph (d), the Secretary of State
8shall enter the statutory summary suspension or revocation and
9disqualification for the periods specified in Sections 6-208.1
10and 6-514, respectively, and effective as provided in paragraph
11(g).
12    If the person is a first offender as defined in Section
1311-500 of this Code, and is not convicted of a violation of
14Section 11-501 of this Code or a similar provision of a local
15ordinance, then reports received by the Secretary of State
16under this Section shall, except during the actual time the
17Statutory Summary Suspension is in effect, be privileged
18information and for use only by the courts, police officers,
19prosecuting authorities or the Secretary of State, unless the
20person is a CDL holder, is operating a commercial motor vehicle
21or vehicle required to be placarded for hazardous materials, in
22which case the suspension shall not be privileged. Reports
23received by the Secretary of State under this Section shall
24also be made available to the parent or guardian of a person
25under the age of 18 years that holds an instruction permit or a
26graduated driver's license, regardless of whether the

 

 

HB0001 Enrolled- 201 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 202 -LRB098 02716 MLW 32724 b

1    permit, the officer shall issue the person a receipt, in a
2    form prescribed by the Secretary of State, that will allow
3    that person to drive during the periods provided for in
4    paragraph (g). The officer shall immediately forward the
5    driver's license or permit to the circuit court of venue
6    along with the sworn report provided for in paragraph (d).
7        (2) In cases indicating refusal or failure of testing
8    under paragraph (a-5) of this Section the arresting officer
9    or arresting agency shall give notice as provided in this
10    Section or by deposit in the United States mail of the
11    notice in an envelope with postage prepaid and addressed to
12    the person at his or her address as shown on the Uniform
13    Traffic Ticket and the statutory summary suspension and
14    disqualification shall begin as provided in paragraph (g).
15    This notice shall include the factual basis of the
16    arresting officer's reasonable suspicion that the person
17    was under the influence of cannabis. The person's
18    possession of a valid registry card under the Compassionate
19    Use of Medical Cannabis Pilot Program Act alone is not
20    sufficient basis for reasonable suspicion.
21    (g) The statutory summary suspension or revocation and
22disqualification referred to in this Section shall take effect
23on the 46th day following the date the notice of the statutory
24summary suspension or revocation was given to the person.
25    (h) The following procedure shall apply whenever a person
26is arrested for any offense as defined in Section 11-501 or a

 

 

HB0001 Enrolled- 203 -LRB098 02716 MLW 32724 b

1similar provision of a local ordinance:
2    Upon receipt of the sworn report from the law enforcement
3officer, the Secretary of State shall confirm the statutory
4summary suspension or revocation by mailing a notice of the
5effective date of the suspension or revocation to the person
6and the court of venue. The Secretary of State shall also mail
7notice of the effective date of the disqualification to the
8person. However, should the sworn report be defective by not
9containing sufficient information or be completed in error, the
10confirmation of the statutory summary suspension or revocation
11shall not be mailed to the person or entered to the record;
12instead, the sworn report shall be forwarded to the court of
13venue with a copy returned to the issuing agency identifying
14any defect.
15    (i) As used in this Section, "personal injury" includes any
16Type A injury as indicated on the traffic accident report
17completed by a law enforcement officer that requires immediate
18professional attention in either a doctor's office or a medical
19facility. A Type A injury includes severely bleeding wounds,
20distorted extremities, and injuries that require the injured
21party to be carried from the scene.
22(Source: P.A. 96-1080, eff. 7-16-10; 96-1344, eff. 7-1-11;
2397-333, eff. 8-12-11; 97-471, eff. 8-22-11; 97-1150, eff.
241-25-13.)
 
25    (625 ILCS 5/11-501.2)  (from Ch. 95 1/2, par. 11-501.2)

 

 

HB0001 Enrolled- 204 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 205 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 206 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 207 -LRB098 02716 MLW 32724 b

1therefore operate a motor vehicle safely. Therefore, the
2results of these standardized field sobriety tests,
3appropriately administered, shall be admissible in the trial of
4any civil or criminal action or proceeding arising out of an
5arrest for a cannabis-related offense as defined in Section
611-501 or a similar local ordinance or proceedings under
7Section 2-118.1. Where a test is made the following provisions
8shall apply:
9        1. The person tested may have a physician, or a
10    qualified technician, chemist, registered nurse, or other
11    qualified person of their own choosing administer a
12    chemical test or tests in addition to the standardized
13    field sobriety test or tests administered at the direction
14    of a law enforcement officer. The failure or inability to
15    obtain an additional test by a person does not preclude the
16    admission of evidence relating to the test or tests taken
17    at the direction of a law enforcement officer.
18        2. Upon the request of the person who shall submit to a
19    standardized field sobriety test or tests at the request of
20    a law enforcement officer, full information concerning the
21    test or tests shall be made available to the person or the
22    person's attorney.
23        3. At the trial of any civil or criminal action or
24    proceeding arising out of an arrest for an offense as
25    defined in Section 11-501 or a similar local ordinance or
26    proceedings under Section 2-118.1 in which the results of

 

 

HB0001 Enrolled- 208 -LRB098 02716 MLW 32724 b

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

 

 

HB0001 Enrolled- 209 -LRB098 02716 MLW 32724 b

1    relevant evidence bearing upon the question whether the
2    person was under the influence of alcohol.
3    (c) 1. If a person under arrest refuses to submit to a
4chemical test under the provisions of Section 11-501.1,
5evidence of refusal shall be admissible in any civil or
6criminal action or proceeding arising out of acts alleged to
7have been committed while the person under the influence of
8alcohol, other drug or drugs, or intoxicating compound or
9compounds, or any combination thereof was driving or in actual
10physical control of a motor vehicle.
11    2. Notwithstanding any ability to refuse under this Code to
12submit to these tests or any ability to revoke the implied
13consent to these tests, if a law enforcement officer has
14probable cause to believe that a motor vehicle driven by or in
15actual physical control of a person under the influence of
16alcohol, other drug or drugs, or intoxicating compound or
17compounds, or any combination thereof has caused the death or
18personal injury to another, the law enforcement officer shall
19request, and that person shall submit, upon the request of a
20law enforcement officer, to a chemical test or tests of his or
21her blood, breath or urine for the purpose of determining the
22alcohol content thereof or the presence of any other drug or
23combination of both.
24    This provision does not affect the applicability of or
25imposition of driver's license sanctions under Section
2611-501.1 of this Code.

 

 

HB0001 Enrolled- 210 -LRB098 02716 MLW 32724 b

1    3. For purposes of this Section, a personal injury includes
2any Type A injury as indicated on the traffic accident report
3completed by a law enforcement officer that requires immediate
4professional attention in either a doctor's office or a medical
5facility. A Type A injury includes severe bleeding wounds,
6distorted extremities, and injuries that require the injured
7party to be carried from the scene.
8(Source: P.A. 96-289, eff. 8-11-09; 97-450, eff. 8-19-11;
997-471, eff. 8-22-11; 97-813, eff. 7-13-12.)
 
10    (625 ILCS 5/11-502.1 new)
11    Sec. 11-502.1. Possession of medical cannabis in a motor
12vehicle.
13    (a) No driver, who is a medical cannabis cardholder, may
14use medical cannabis within the passenger area of any motor
15vehicle upon a highway in this State.
16    (b) No driver, who is a medical cannabis cardholder, a
17medical cannabis designated caregiver, medical cannabis
18cultivation center agent, or dispensing organization agent may
19possess medical cannabis within any area of any motor vehicle
20upon a highway in this State except in a sealed, tamper-evident
21medical cannabis container.
22    (c) No passenger, who is a medical cannabis card holder, a
23medical cannabis designated caregiver, or medical cannabis
24dispensing organization agent may possess medical cannabis
25within any passenger area of any motor vehicle upon a highway

 

 

HB0001 Enrolled- 211 -LRB098 02716 MLW 32724 b

1in this State except in a sealed, tamper-evident medical
2cannabis container.
3    (d) Any person who violates subsections (a) through (c) of
4this Section:
5        (1) commits a Class A misdemeanor;
6        (2) shall be subject to revocation of his or her
7    medical cannabis card for a period of 2 years from the end
8    of the sentence imposed;
9        (4) shall be subject to revocation of his or her status
10    as a medical cannabis caregiver, medical cannabis
11    cultivation center agent, or medical cannabis dispensing
12    organization agent for a period of 2 years from the end of
13    the sentence imposed.
 
14    Section 997. Severability. The provisions of this Act are
15severable under Section 1.31 of the Statute on Statutes.
 
16    Section 999. Effective date. This Act takes effect on
17January 1, 2014.