Full Text of SB3859 101st General Assembly
SB3859 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB3859 Introduced 2/14/2020, by Sen. John F. Curran SYNOPSIS AS INTRODUCED: |
| 410 ILCS 705/15-40 | | 410 ILCS 705/20-35 | | 410 ILCS 705/25-35 | | 410 ILCS 705/30-35 | | 410 ILCS 705/35-30 | | 410 ILCS 705/40-30 | |
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Amends the Cannabis Regulation and Tax Act. Provides for the issuance of identification cards to specified qualifying agents within 5 (rather than 15) business days after approving the application or renewal application. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Cannabis Regulation and Tax Act is amended | 5 | | by changing Sections 15-40, 20-35, 25-35, 30-35, 35-30, and | 6 | | 40-30 as follows: | 7 | | (410 ILCS 705/15-40)
| 8 | | Sec. 15-40. Dispensing organization agent identification | 9 | | card; agent training. | 10 | | (a) The Department shall: | 11 | | (1) verify the information contained in an application | 12 | | or renewal for a dispensing organization agent | 13 | | identification card submitted under this Article, and | 14 | | approve or deny an application or renewal, within 30 days | 15 | | of receiving a completed application or renewal | 16 | | application and all supporting documentation required by | 17 | | rule; | 18 | | (2) issue a dispensing organization agent | 19 | | identification card to a qualifying agent within 5 15 | 20 | | business days of approving the application or renewal; | 21 | | (3) enter the registry identification number of the | 22 | | dispensing organization where the agent works; | 23 | | (4) within one year from the effective date of this |
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| 1 | | Act, allow for an electronic application process and | 2 | | provide a confirmation by electronic or other methods that | 3 | | an application has been submitted; and | 4 | | (5) collect a $100 nonrefundable fee from the applicant | 5 | | to be deposited into the Cannabis Regulation Fund. | 6 | | (b) A dispensing organization agent must keep his or her | 7 | | identification card visible at all times when in the | 8 | | dispensary. | 9 | | (c) The dispensing organization agent identification cards | 10 | | shall contain the following: | 11 | | (1) the name of the cardholder; | 12 | | (2) the date of issuance and expiration date of the | 13 | | dispensing organization agent identification cards; | 14 | | (3) a random 10-digit alphanumeric identification | 15 | | number containing at least 4 numbers and at least 4 letters | 16 | | that is unique to the cardholder; and | 17 | | (4) a photograph of the cardholder. | 18 | | (d) The dispensing organization agent identification cards | 19 | | shall be immediately returned to the dispensing organization | 20 | | upon termination of employment. | 21 | | (e) The Department shall not issue an agent identification | 22 | | card if the applicant is delinquent in filing any required tax | 23 | | returns or paying any amounts owed to the State of Illinois. | 24 | | (f) Any card lost by a dispensing organization agent shall | 25 | | be reported to the Department of State Police and the | 26 | | Department immediately upon discovery of the loss. |
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| 1 | | (g) An applicant shall be denied a dispensing organization | 2 | | agent identification card renewal if he or she fails to | 3 | | complete the training provided for in this Section. | 4 | | (h) A dispensing organization agent shall only be required | 5 | | to hold one card for the same employer regardless of what type | 6 | | of dispensing organization license the employer holds. | 7 | | (i) Cannabis retail sales training requirements. | 8 | | (1) Within 90 days of September 1, 2019, or 90 days of | 9 | | employment, whichever is later, all owners, managers, | 10 | | employees, and agents involved in the handling or sale of | 11 | | cannabis or cannabis-infused product employed by an adult | 12 | | use dispensing organization or medical cannabis dispensing | 13 | | organization as defined in Section 10 of the Compassionate | 14 | | Use of Medical Cannabis Program Act shall attend and | 15 | | successfully complete a Responsible Vendor Program. | 16 | | (2) Each owner, manager, employee, and agent of an | 17 | | adult use dispensing organization or medical cannabis | 18 | | dispensing organization shall successfully complete the | 19 | | program annually. | 20 | | (3) Responsible Vendor Program Training modules shall | 21 | | include at least 2 hours of instruction time approved by | 22 | | the Department including: | 23 | | (i) Health and safety concerns of cannabis use, | 24 | | including the responsible use of cannabis, its | 25 | | physical effects, onset of physiological effects, | 26 | | recognizing signs of impairment, and appropriate |
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| 1 | | responses in the event of overconsumption. | 2 | | (ii) Training on laws and regulations on driving | 3 | | while under the influence and operating a watercraft or | 4 | | snowmobile while under the influence. | 5 | | (iii) Sales to minors prohibition. Training shall | 6 | | cover all relevant Illinois laws and rules. | 7 | | (iv) Quantity limitations on sales to purchasers. | 8 | | Training shall cover all relevant Illinois laws and | 9 | | rules. | 10 | | (v) Acceptable forms of identification. Training | 11 | | shall include: | 12 | | (I) How to check identification; and | 13 | | (II) Common mistakes made in verification; | 14 | | (vi) Safe storage of cannabis; | 15 | | (vii) Compliance with all inventory tracking | 16 | | system regulations; | 17 | | (viii) Waste handling, management, and disposal; | 18 | | (ix) Health and safety standards; | 19 | | (x) Maintenance of records; | 20 | | (xi) Security and surveillance requirements; | 21 | | (xii) Permitting inspections by State and local | 22 | | licensing and enforcement authorities; | 23 | | (xiii) Privacy issues; | 24 | | (xiv) Packaging and labeling requirement for sales | 25 | | to purchasers; and | 26 | | (xv) Other areas as determined by rule. |
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| 1 | | (j) Blank. | 2 | | (k) Upon the successful completion of the Responsible | 3 | | Vendor Program, the provider shall deliver proof of completion | 4 | | either through mail or electronic communication to the | 5 | | dispensing organization, which shall retain a copy of the | 6 | | certificate. | 7 | | (l) The license of a dispensing organization or medical | 8 | | cannabis dispensing organization whose owners, managers, | 9 | | employees, or agents fail to comply with this Section may be | 10 | | suspended or permanently revoked under Section 15-145 or may | 11 | | face other disciplinary action. | 12 | | (m) The regulation of dispensing organization and medical | 13 | | cannabis dispensing employer and employee training is an | 14 | | exclusive function of the State, and regulation by a unit of | 15 | | local government, including a home rule unit, is prohibited. | 16 | | This subsection (m) is a denial and limitation of home rule | 17 | | powers and functions under subsection (h) of Section 6 of | 18 | | Article VII of the Illinois Constitution. | 19 | | (n) Persons seeking Department approval to offer the | 20 | | training required by paragraph (3) of subsection (i) may apply | 21 | | for such approval between August 1 and August 15 of each | 22 | | odd-numbered year in a manner prescribed by the Department. | 23 | | (o) Persons seeking Department approval to offer the | 24 | | training required by paragraph (3) of subsection (i) shall | 25 | | submit a nonrefundable application fee of $2,000 to be | 26 | | deposited into the Cannabis Regulation Fund or a fee as may be |
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| 1 | | set by rule. Any changes made to the training module shall be | 2 | | approved by the Department.
| 3 | | (p) The Department shall not unreasonably deny approval of | 4 | | a training module that meets all the requirements of paragraph | 5 | | (3) of subsection (i). A denial of approval shall include a | 6 | | detailed description of the reasons for the denial. | 7 | | (q) Any person approved to provide the training required by | 8 | | paragraph (3) of subsection (i) shall submit an application for | 9 | | re-approval between August 1 and August 15 of each odd-numbered | 10 | | year and include a nonrefundable application fee of $2,000 to | 11 | | be deposited into the Cannabis Regulation Fund or a fee as may | 12 | | be set by rule.
| 13 | | (r) All persons applying to become or renewing their | 14 | | registrations to be agents, including agents-in-charge and | 15 | | principal officers, shall disclose any disciplinary action | 16 | | taken against them that may have occurred in Illinois, another | 17 | | state, or another country in relation to their employment at a | 18 | | cannabis business establishment or at any cannabis cultivation | 19 | | center, processor, infuser, dispensary, or other cannabis | 20 | | business establishment. | 21 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | 22 | | (410 ILCS 705/20-35)
| 23 | | Sec. 20-35. Cultivation center agent identification card. | 24 | | (a) The Department of Agriculture shall: | 25 | | (1) establish by rule the information required in an |
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| 1 | | initial application or renewal application for an agent | 2 | | identification card submitted under this Act and the | 3 | | nonrefundable fee to accompany the initial application or | 4 | | renewal application; | 5 | | (2) verify the information contained in an initial | 6 | | application or renewal application for an agent | 7 | | identification card submitted under this Act, and approve | 8 | | or deny an application within 30 days of receiving a | 9 | | completed initial application or renewal application and | 10 | | all supporting documentation required by rule; | 11 | | (3) issue an agent identification card to a qualifying | 12 | | agent within 5 15 business days of approving the initial | 13 | | application or renewal application; | 14 | | (4) enter the license number of the cultivation center | 15 | | where the agent works; and | 16 | | (5) allow for an electronic initial application and | 17 | | renewal application process, and provide a confirmation by | 18 | | electronic or other methods that an application has been | 19 | | submitted. The Department of Agriculture may by rule | 20 | | require prospective agents to file their applications by | 21 | | electronic means and provide notices to the agents by | 22 | | electronic means. | 23 | | (b) An agent must keep his or her identification card | 24 | | visible at all times when on the property of the cultivation | 25 | | center at which the agent is employed. | 26 | | (c) The agent identification cards shall contain the |
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| 1 | | following: | 2 | | (1) the name of the cardholder; | 3 | | (2) the date of issuance and expiration date of the | 4 | | identification card; | 5 | | (3) a random 10-digit alphanumeric identification | 6 | | number containing at least 4 numbers and at least 4 letters | 7 | | that is unique to the holder; | 8 | | (4) a photograph of the cardholder; and | 9 | | (5) the legal name of the cultivation center employing | 10 | | the agent. | 11 | | (d) An agent identification card shall be immediately | 12 | | returned to the cultivation center of the agent upon | 13 | | termination of his or her employment. | 14 | | (e) Any agent identification card lost by a cultivation | 15 | | center agent shall be reported to the Department of State | 16 | | Police and the Department of Agriculture immediately upon | 17 | | discovery of the loss. | 18 | | (f) The Department of Agriculture shall not issue an agent | 19 | | identification card if the applicant is delinquent in filing | 20 | | any required tax returns or paying any amounts owed to the | 21 | | State of Illinois.
| 22 | | (Source: P.A. 101-27, eff. 6-25-19.) | 23 | | (410 ILCS 705/25-35) | 24 | | (Section scheduled to be repealed on July 1, 2026)
| 25 | | Sec. 25-35. Community College Cannabis Vocational Training |
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| 1 | | Pilot Program faculty participant agent identification card. | 2 | | (a) The Department shall: | 3 | | (1) establish by rule the information required in an | 4 | | initial application or renewal application for an agent | 5 | | identification card submitted under this Article and the | 6 | | nonrefundable fee to accompany the initial application or | 7 | | renewal application; | 8 | | (2) verify the information contained in an initial | 9 | | application or renewal application for an agent | 10 | | identification card submitted under this Article, and | 11 | | approve or deny an application within 30 days of receiving | 12 | | a completed initial application or renewal application and | 13 | | all supporting documentation required by rule; | 14 | | (3) issue an agent identification card to a qualifying | 15 | | agent within 5 15 business days of approving the initial | 16 | | application or renewal application; | 17 | | (4) enter the license number of the community college | 18 | | where the agent works; and | 19 | | (5) allow for an electronic initial application and | 20 | | renewal application process, and provide a confirmation by | 21 | | electronic or other methods that an application has been | 22 | | submitted. Each Department may by rule require prospective | 23 | | agents to file their applications by electronic means and | 24 | | to provide notices to the agents by electronic means. | 25 | | (b) An agent must keep his or her identification card | 26 | | visible at all times when in the enclosed, locked facility, or |
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| 1 | | facilities for which he or she is an agent. | 2 | | (c) The agent identification cards shall contain the | 3 | | following: | 4 | | (1) the name of the cardholder; | 5 | | (2) the date of issuance and expiration date of the | 6 | | identification card; | 7 | | (3) a random 10-digit alphanumeric identification | 8 | | number containing at least 4 numbers and at least 4 letters | 9 | | that is unique to the holder; | 10 | | (4) a photograph of the cardholder; and | 11 | | (5) the legal name of the community college employing | 12 | | the agent. | 13 | | (d) An agent identification card shall be immediately | 14 | | returned to the community college of the agent upon termination | 15 | | of his or her employment. | 16 | | (e) Any agent identification card lost shall be reported to | 17 | | the Department of State Police and the Department of | 18 | | Agriculture immediately upon discovery of the loss.
| 19 | | (Source: P.A. 101-27, eff. 6-25-19.) | 20 | | (410 ILCS 705/30-35)
| 21 | | Sec. 30-35. Craft grower agent identification card. | 22 | | (a) The Department of Agriculture shall: | 23 | | (1) establish by rule the information required in an | 24 | | initial application or renewal application for an agent | 25 | | identification card submitted under this Act and the |
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| 1 | | nonrefundable fee to accompany the initial application or | 2 | | renewal application; | 3 | | (2) verify the information contained in an initial | 4 | | application or renewal application for an agent | 5 | | identification card submitted under this Act and approve or | 6 | | deny an application within 30 days of receiving a completed | 7 | | initial application or renewal application and all | 8 | | supporting documentation required by rule; | 9 | | (3) issue an agent identification card to a qualifying | 10 | | agent within 5 15 business days of approving the initial | 11 | | application or renewal application; | 12 | | (4) enter the license number of the craft grower where | 13 | | the agent works; and | 14 | | (5) allow for an electronic initial application and | 15 | | renewal application process, and provide a confirmation by | 16 | | electronic or other methods that an application has been | 17 | | submitted. The Department of Agriculture may by rule | 18 | | require prospective agents to file their applications by | 19 | | electronic means and provide notices to the agents by | 20 | | electronic means. | 21 | | (b) An agent must keep his or her identification card | 22 | | visible at all times when on the property of a cannabis | 23 | | business establishment, including the craft grower | 24 | | organization for which he or she is an agent. | 25 | | (c) The agent identification cards shall contain the | 26 | | following: |
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| 1 | | (1) the name of the cardholder; | 2 | | (2) the date of issuance and expiration date of the | 3 | | identification card; | 4 | | (3) a random 10-digit alphanumeric identification | 5 | | number containing at least 4 numbers and at least 4 letters | 6 | | that is unique to the holder; | 7 | | (4) a photograph of the cardholder; and | 8 | | (5) the legal name of the craft grower organization | 9 | | employing the agent. | 10 | | (d) An agent identification card shall be immediately | 11 | | returned to the cannabis business establishment of the agent | 12 | | upon termination of his or her employment. | 13 | | (e) Any agent identification card lost by a craft grower | 14 | | agent shall be reported to the Department of State Police and | 15 | | the Department of Agriculture immediately upon discovery of the | 16 | | loss.
| 17 | | (Source: P.A. 101-27, eff. 6-25-19.) | 18 | | (410 ILCS 705/35-30)
| 19 | | Sec. 35-30. Infuser agent identification card. | 20 | | (a) The Department of Agriculture shall: | 21 | | (1) establish by rule the information required in an | 22 | | initial application or renewal application for an agent | 23 | | identification card submitted under this Act and the | 24 | | nonrefundable fee to accompany the initial application or | 25 | | renewal application; |
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| 1 | | (2) verify the information contained in an initial | 2 | | application or renewal application for an agent | 3 | | identification card submitted under this Act, and approve | 4 | | or deny an application within 30 days of receiving a | 5 | | completed initial application or renewal application and | 6 | | all supporting documentation required by rule; | 7 | | (3) issue an agent identification card to a qualifying | 8 | | agent within 5 15 business days of approving the initial | 9 | | application or renewal application; | 10 | | (4) enter the license number of the infuser where the | 11 | | agent works; and | 12 | | (5) allow for an electronic initial application and | 13 | | renewal application process, and provide a confirmation by | 14 | | electronic or other methods that an application has been | 15 | | submitted. The Department of Agriculture may by rule | 16 | | require prospective agents to file their applications by | 17 | | electronic means and provide notices to the agents by | 18 | | electronic means. | 19 | | (b) An agent must keep his or her identification card | 20 | | visible at all times when on the property of a cannabis | 21 | | business establishment including the cannabis business | 22 | | establishment for which he or she is an agent. | 23 | | (c) The agent identification cards shall contain the | 24 | | following: | 25 | | (1) the name of the cardholder; | 26 | | (2) the date of issuance and expiration date of the |
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| 1 | | identification card; | 2 | | (3) a random 10-digit alphanumeric identification | 3 | | number containing at least 4 numbers and at least 4 letters | 4 | | that is unique to the holder; | 5 | | (4) a photograph of the cardholder; and | 6 | | (5) the legal name of the infuser organization | 7 | | employing the agent. | 8 | | (d) An agent identification card shall be immediately | 9 | | returned to the infuser organization of the agent upon | 10 | | termination of his or her employment. | 11 | | (e) Any agent identification card lost by a transporting | 12 | | agent shall be reported to the Department of State Police and | 13 | | the Department of Agriculture immediately upon discovery of the | 14 | | loss.
| 15 | | (Source: P.A. 101-27, eff. 6-25-19.) | 16 | | (410 ILCS 705/40-30)
| 17 | | Sec. 40-30. Transporting agent identification card. | 18 | | (a) The Department of Agriculture shall: | 19 | | (1) establish by rule the information required in an | 20 | | initial application or renewal application for an agent | 21 | | identification card submitted under this Act and the | 22 | | nonrefundable fee to accompany the initial application or | 23 | | renewal application; | 24 | | (2) verify the information contained in an initial | 25 | | application or renewal application for an agent |
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| 1 | | identification card submitted under this Act and approve or | 2 | | deny an application within 30 days of receiving a completed | 3 | | initial application or renewal application and all | 4 | | supporting documentation required by rule; | 5 | | (3) issue an agent identification card to a qualifying | 6 | | agent within 5 15 business days of approving the initial | 7 | | application or renewal application; | 8 | | (4) enter the license number of the transporting | 9 | | organization where the agent works; and | 10 | | (5) allow for an electronic initial application and | 11 | | renewal application process, and provide a confirmation by | 12 | | electronic or other methods that an application has been | 13 | | submitted. The Department of Agriculture may by rule | 14 | | require prospective agents to file their applications by | 15 | | electronic means and provide notices to the agents by | 16 | | electronic means. | 17 | | (b) An agent must keep his or her identification card | 18 | | visible at all times when on the property of a cannabis | 19 | | business establishment, including the cannabis business | 20 | | establishment for which he or she is an agent. | 21 | | (c) The agent identification cards shall contain the | 22 | | following: | 23 | | (1) the name of the cardholder; | 24 | | (2) the date of issuance and expiration date of the | 25 | | identification card; | 26 | | (3) a random 10-digit alphanumeric identification |
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| 1 | | number containing at least 4 numbers and at least 4 letters | 2 | | that is unique to the holder; | 3 | | (4) a photograph of the cardholder; and | 4 | | (5) the legal name of the transporting organization | 5 | | employing the agent. | 6 | | (d) An agent identification card shall be immediately | 7 | | returned to the transporting organization of the agent upon | 8 | | termination of his or her employment. | 9 | | (e) Any agent identification card lost by a transporting | 10 | | agent shall be reported to the Department of State Police and | 11 | | the Department of Agriculture immediately upon discovery of the | 12 | | loss. | 13 | | (f) An application for an agent identification card shall | 14 | | be denied if the applicant is delinquent in filing any required | 15 | | tax returns or paying any amounts owed to the State of | 16 | | Illinois.
| 17 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.
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