Public Act 101-0363
 
SB2023 EnrolledLRB101 09588 JRG 54686 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Procurement Code is amended by
changing Section 1-10 as follows:
 
    (30 ILCS 500/1-10)
    Sec. 1-10. Application.
    (a) This Code applies only to procurements for which
bidders, offerors, potential contractors, or contractors were
first solicited on or after July 1, 1998. This Code shall not
be construed to affect or impair any contract, or any provision
of a contract, entered into based on a solicitation prior to
the implementation date of this Code as described in Article
99, including but not limited to any covenant entered into with
respect to any revenue bonds or similar instruments. All
procurements for which contracts are solicited between the
effective date of Articles 50 and 99 and July 1, 1998 shall be
substantially in accordance with this Code and its intent.
    (b) This Code shall apply regardless of the source of the
funds with which the contracts are paid, including federal
assistance moneys. This Code shall not apply to:
        (1) Contracts between the State and its political
    subdivisions or other governments, or between State
    governmental bodies, except as specifically provided in
    this Code.
        (2) Grants, except for the filing requirements of
    Section 20-80.
        (3) Purchase of care, except as provided in Section
    5-30.6 of the Illinois Public Aid Code and this Section.
        (4) Hiring of an individual as employee and not as an
    independent contractor, whether pursuant to an employment
    code or policy or by contract directly with that
    individual.
        (5) Collective bargaining contracts.
        (6) Purchase of real estate, except that notice of this
    type of contract with a value of more than $25,000 must be
    published in the Procurement Bulletin within 10 calendar
    days after the deed is recorded in the county of
    jurisdiction. The notice shall identify the real estate
    purchased, the names of all parties to the contract, the
    value of the contract, and the effective date of the
    contract.
        (7) Contracts necessary to prepare for anticipated
    litigation, enforcement actions, or investigations,
    provided that the chief legal counsel to the Governor shall
    give his or her prior approval when the procuring agency is
    one subject to the jurisdiction of the Governor, and
    provided that the chief legal counsel of any other
    procuring entity subject to this Code shall give his or her
    prior approval when the procuring entity is not one subject
    to the jurisdiction of the Governor.
        (8) (Blank).
        (9) Procurement expenditures by the Illinois
    Conservation Foundation when only private funds are used.
        (10) (Blank).
        (11) Public-private agreements entered into according
    to the procurement requirements of Section 20 of the
    Public-Private Partnerships for Transportation Act and
    design-build agreements entered into according to the
    procurement requirements of Section 25 of the
    Public-Private Partnerships for Transportation Act.
        (12) Contracts for legal, financial, and other
    professional and artistic services entered into on or
    before December 31, 2018 by the Illinois Finance Authority
    in which the State of Illinois is not obligated. Such
    contracts shall be awarded through a competitive process
    authorized by the Board of the Illinois Finance Authority
    and are subject to Sections 5-30, 20-160, 50-13, 50-20,
    50-35, and 50-37 of this Code, as well as the final
    approval by the Board of the Illinois Finance Authority of
    the terms of the contract.
        (13) Contracts for services, commodities, and
    equipment to support the delivery of timely forensic
    science services in consultation with and subject to the
    approval of the Chief Procurement Officer as provided in
    subsection (d) of Section 5-4-3a of the Unified Code of
    Corrections, except for the requirements of Sections
    20-60, 20-65, 20-70, and 20-160 and Article 50 of this
    Code; however, the Chief Procurement Officer may, in
    writing with justification, waive any certification
    required under Article 50 of this Code. For any contracts
    for services which are currently provided by members of a
    collective bargaining agreement, the applicable terms of
    the collective bargaining agreement concerning
    subcontracting shall be followed.
        On and after January 1, 2019, this paragraph (13),
    except for this sentence, is inoperative.
        (14) Contracts for participation expenditures required
    by a domestic or international trade show or exhibition of
    an exhibitor, member, or sponsor.
        (15) Contracts with a railroad or utility that requires
    the State to reimburse the railroad or utilities for the
    relocation of utilities for construction or other public
    purpose. Contracts included within this paragraph (15)
    shall include, but not be limited to, those associated
    with: relocations, crossings, installations, and
    maintenance. For the purposes of this paragraph (15),
    "railroad" means any form of non-highway ground
    transportation that runs on rails or electromagnetic
    guideways and "utility" means: (1) public utilities as
    defined in Section 3-105 of the Public Utilities Act, (2)
    telecommunications carriers as defined in Section 13-202
    of the Public Utilities Act, (3) electric cooperatives as
    defined in Section 3.4 of the Electric Supplier Act, (4)
    telephone or telecommunications cooperatives as defined in
    Section 13-212 of the Public Utilities Act, (5) rural water
    or waste water systems with 10,000 connections or less, (6)
    a holder as defined in Section 21-201 of the Public
    Utilities Act, and (7) municipalities owning or operating
    utility systems consisting of public utilities as that term
    is defined in Section 11-117-2 of the Illinois Municipal
    Code.
        (16) Procurement expenditures necessary for the
    Department of Public Health to provide the delivery of
    timely newborn screening services in accordance with the
    Newborn Metabolic Screening Act.
        (17) (16) Procurement expenditures necessary for the
    Department of Agriculture, the Department of Financial and
    Professional Regulation, the Department of Human Services,
    and the Department of Public Health to implement the
    Compassionate Use of Medical Cannabis Pilot Program and
    Opioid Alternative Pilot Program requirements and ensure
    access to medical cannabis for patients with debilitating
    medical conditions in accordance with the Compassionate
    Use of Medical Cannabis Pilot Program Act.
    Notwithstanding any other provision of law, for contracts
entered into on or after October 1, 2017 under an exemption
provided in any paragraph of this subsection (b), except
paragraph (1), (2), or (5), each State agency shall post to the
appropriate procurement bulletin the name of the contractor, a
description of the supply or service provided, the total amount
of the contract, the term of the contract, and the exception to
the Code utilized. The chief procurement officer shall submit a
report to the Governor and General Assembly no later than
November 1 of each year that shall include, at a minimum, an
annual summary of the monthly information reported to the chief
procurement officer.
    (c) This Code does not apply to the electric power
procurement process provided for under Section 1-75 of the
Illinois Power Agency Act and Section 16-111.5 of the Public
Utilities Act.
    (d) Except for Section 20-160 and Article 50 of this Code,
and as expressly required by Section 9.1 of the Illinois
Lottery Law, the provisions of this Code do not apply to the
procurement process provided for under Section 9.1 of the
Illinois Lottery Law.
    (e) This Code does not apply to the process used by the
Capital Development Board to retain a person or entity to
assist the Capital Development Board with its duties related to
the determination of costs of a clean coal SNG brownfield
facility, as defined by Section 1-10 of the Illinois Power
Agency Act, as required in subsection (h-3) of Section 9-220 of
the Public Utilities Act, including calculating the range of
capital costs, the range of operating and maintenance costs, or
the sequestration costs or monitoring the construction of clean
coal SNG brownfield facility for the full duration of
construction.
    (f) (Blank).
    (g) (Blank).
    (h) This Code does not apply to the process to procure or
contracts entered into in accordance with Sections 11-5.2 and
11-5.3 of the Illinois Public Aid Code.
    (i) Each chief procurement officer may access records
necessary to review whether a contract, purchase, or other
expenditure is or is not subject to the provisions of this
Code, unless such records would be subject to attorney-client
privilege.
    (j) This Code does not apply to the process used by the
Capital Development Board to retain an artist or work or works
of art as required in Section 14 of the Capital Development
Board Act.
    (k) This Code does not apply to the process to procure
contracts, or contracts entered into, by the State Board of
Elections or the State Electoral Board for hearing officers
appointed pursuant to the Election Code.
    (l) This Code does not apply to the processes used by the
Illinois Student Assistance Commission to procure supplies and
services paid for from the private funds of the Illinois
Prepaid Tuition Fund. As used in this subsection (l), "private
funds" means funds derived from deposits paid into the Illinois
Prepaid Tuition Trust Fund and the earnings thereon.
(Source: P.A. 99-801, eff. 1-1-17; 100-43, eff. 8-9-17;
100-580, eff. 3-12-18; 100-757, eff. 8-10-18; 100-1114, eff.
8-28-18; revised 10-18-18.)
 
    Section 10. The Illinois Income Tax Act is amended by
changing Section 201 as follows:
 
    (35 ILCS 5/201)  (from Ch. 120, par. 2-201)
    Sec. 201. Tax imposed.
    (a) In general. A tax measured by net income is hereby
imposed on every individual, corporation, trust and estate for
each taxable year ending after July 31, 1969 on the privilege
of earning or receiving income in or as a resident of this
State. Such tax shall be in addition to all other occupation or
privilege taxes imposed by this State or by any municipal
corporation or political subdivision thereof.
    (b) Rates. The tax imposed by subsection (a) of this
Section shall be determined as follows, except as adjusted by
subsection (d-1):
        (1) In the case of an individual, trust or estate, for
    taxable years ending prior to July 1, 1989, an amount equal
    to 2 1/2% of the taxpayer's net income for the taxable
    year.
        (2) In the case of an individual, trust or estate, for
    taxable years beginning prior to July 1, 1989 and ending
    after June 30, 1989, an amount equal to the sum of (i) 2
    1/2% of the taxpayer's net income for the period prior to
    July 1, 1989, as calculated under Section 202.3, and (ii)
    3% of the taxpayer's net income for the period after June
    30, 1989, as calculated under Section 202.3.
        (3) In the case of an individual, trust or estate, for
    taxable years beginning after June 30, 1989, and ending
    prior to January 1, 2011, an amount equal to 3% of the
    taxpayer's net income for the taxable year.
        (4) In the case of an individual, trust, or estate, for
    taxable years beginning prior to January 1, 2011, and
    ending after December 31, 2010, an amount equal to the sum
    of (i) 3% of the taxpayer's net income for the period prior
    to January 1, 2011, as calculated under Section 202.5, and
    (ii) 5% of the taxpayer's net income for the period after
    December 31, 2010, as calculated under Section 202.5.
        (5) In the case of an individual, trust, or estate, for
    taxable years beginning on or after January 1, 2011, and
    ending prior to January 1, 2015, an amount equal to 5% of
    the taxpayer's net income for the taxable year.
        (5.1) In the case of an individual, trust, or estate,
    for taxable years beginning prior to January 1, 2015, and
    ending after December 31, 2014, an amount equal to the sum
    of (i) 5% of the taxpayer's net income for the period prior
    to January 1, 2015, as calculated under Section 202.5, and
    (ii) 3.75% of the taxpayer's net income for the period
    after December 31, 2014, as calculated under Section 202.5.
        (5.2) In the case of an individual, trust, or estate,
    for taxable years beginning on or after January 1, 2015,
    and ending prior to July 1, 2017, an amount equal to 3.75%
    of the taxpayer's net income for the taxable year.
        (5.3) In the case of an individual, trust, or estate,
    for taxable years beginning prior to July 1, 2017, and
    ending after June 30, 2017, an amount equal to the sum of
    (i) 3.75% of the taxpayer's net income for the period prior
    to July 1, 2017, as calculated under Section 202.5, and
    (ii) 4.95% of the taxpayer's net income for the period
    after June 30, 2017, as calculated under Section 202.5.
        (5.4) In the case of an individual, trust, or estate,
    for taxable years beginning on or after July 1, 2017, an
    amount equal to 4.95% of the taxpayer's net income for the
    taxable year.
        (6) In the case of a corporation, for taxable years
    ending prior to July 1, 1989, an amount equal to 4% of the
    taxpayer's net income for the taxable year.
        (7) In the case of a corporation, for taxable years
    beginning prior to July 1, 1989 and ending after June 30,
    1989, an amount equal to the sum of (i) 4% of the
    taxpayer's net income for the period prior to July 1, 1989,
    as calculated under Section 202.3, and (ii) 4.8% of the
    taxpayer's net income for the period after June 30, 1989,
    as calculated under Section 202.3.
        (8) In the case of a corporation, for taxable years
    beginning after June 30, 1989, and ending prior to January
    1, 2011, an amount equal to 4.8% of the taxpayer's net
    income for the taxable year.
        (9) In the case of a corporation, for taxable years
    beginning prior to January 1, 2011, and ending after
    December 31, 2010, an amount equal to the sum of (i) 4.8%
    of the taxpayer's net income for the period prior to
    January 1, 2011, as calculated under Section 202.5, and
    (ii) 7% of the taxpayer's net income for the period after
    December 31, 2010, as calculated under Section 202.5.
        (10) In the case of a corporation, for taxable years
    beginning on or after January 1, 2011, and ending prior to
    January 1, 2015, an amount equal to 7% of the taxpayer's
    net income for the taxable year.
        (11) In the case of a corporation, for taxable years
    beginning prior to January 1, 2015, and ending after
    December 31, 2014, an amount equal to the sum of (i) 7% of
    the taxpayer's net income for the period prior to January
    1, 2015, as calculated under Section 202.5, and (ii) 5.25%
    of the taxpayer's net income for the period after December
    31, 2014, as calculated under Section 202.5.
        (12) In the case of a corporation, for taxable years
    beginning on or after January 1, 2015, and ending prior to
    July 1, 2017, an amount equal to 5.25% of the taxpayer's
    net income for the taxable year.
        (13) In the case of a corporation, for taxable years
    beginning prior to July 1, 2017, and ending after June 30,
    2017, an amount equal to the sum of (i) 5.25% of the
    taxpayer's net income for the period prior to July 1, 2017,
    as calculated under Section 202.5, and (ii) 7% of the
    taxpayer's net income for the period after June 30, 2017,
    as calculated under Section 202.5.
        (14) In the case of a corporation, for taxable years
    beginning on or after July 1, 2017, an amount equal to 7%
    of the taxpayer's net income for the taxable year.
    The rates under this subsection (b) are subject to the
provisions of Section 201.5.
    (c) Personal Property Tax Replacement Income Tax.
Beginning on July 1, 1979 and thereafter, in addition to such
income tax, there is also hereby imposed the Personal Property
Tax Replacement Income Tax measured by net income on every
corporation (including Subchapter S corporations), partnership
and trust, for each taxable year ending after June 30, 1979.
Such taxes are imposed on the privilege of earning or receiving
income in or as a resident of this State. The Personal Property
Tax Replacement Income Tax shall be in addition to the income
tax imposed by subsections (a) and (b) of this Section and in
addition to all other occupation or privilege taxes imposed by
this State or by any municipal corporation or political
subdivision thereof.
    (d) Additional Personal Property Tax Replacement Income
Tax Rates. The personal property tax replacement income tax
imposed by this subsection and subsection (c) of this Section
in the case of a corporation, other than a Subchapter S
corporation and except as adjusted by subsection (d-1), shall
be an additional amount equal to 2.85% of such taxpayer's net
income for the taxable year, except that beginning on January
1, 1981, and thereafter, the rate of 2.85% specified in this
subsection shall be reduced to 2.5%, and in the case of a
partnership, trust or a Subchapter S corporation shall be an
additional amount equal to 1.5% of such taxpayer's net income
for the taxable year.
    (d-1) Rate reduction for certain foreign insurers. In the
case of a foreign insurer, as defined by Section 35A-5 of the
Illinois Insurance Code, whose state or country of domicile
imposes on insurers domiciled in Illinois a retaliatory tax
(excluding any insurer whose premiums from reinsurance assumed
are 50% or more of its total insurance premiums as determined
under paragraph (2) of subsection (b) of Section 304, except
that for purposes of this determination premiums from
reinsurance do not include premiums from inter-affiliate
reinsurance arrangements), beginning with taxable years ending
on or after December 31, 1999, the sum of the rates of tax
imposed by subsections (b) and (d) shall be reduced (but not
increased) to the rate at which the total amount of tax imposed
under this Act, net of all credits allowed under this Act,
shall equal (i) the total amount of tax that would be imposed
on the foreign insurer's net income allocable to Illinois for
the taxable year by such foreign insurer's state or country of
domicile if that net income were subject to all income taxes
and taxes measured by net income imposed by such foreign
insurer's state or country of domicile, net of all credits
allowed or (ii) a rate of zero if no such tax is imposed on such
income by the foreign insurer's state of domicile. For the
purposes of this subsection (d-1), an inter-affiliate includes
a mutual insurer under common management.
        (1) For the purposes of subsection (d-1), in no event
    shall the sum of the rates of tax imposed by subsections
    (b) and (d) be reduced below the rate at which the sum of:
            (A) the total amount of tax imposed on such foreign
        insurer under this Act for a taxable year, net of all
        credits allowed under this Act, plus
            (B) the privilege tax imposed by Section 409 of the
        Illinois Insurance Code, the fire insurance company
        tax imposed by Section 12 of the Fire Investigation
        Act, and the fire department taxes imposed under
        Section 11-10-1 of the Illinois Municipal Code,
    equals 1.25% for taxable years ending prior to December 31,
    2003, or 1.75% for taxable years ending on or after
    December 31, 2003, of the net taxable premiums written for
    the taxable year, as described by subsection (1) of Section
    409 of the Illinois Insurance Code. This paragraph will in
    no event increase the rates imposed under subsections (b)
    and (d).
        (2) Any reduction in the rates of tax imposed by this
    subsection shall be applied first against the rates imposed
    by subsection (b) and only after the tax imposed by
    subsection (a) net of all credits allowed under this
    Section other than the credit allowed under subsection (i)
    has been reduced to zero, against the rates imposed by
    subsection (d).
    This subsection (d-1) is exempt from the provisions of
Section 250.
    (e) Investment credit. A taxpayer shall be allowed a credit
against the Personal Property Tax Replacement Income Tax for
investment in qualified property.
        (1) A taxpayer shall be allowed a credit equal to .5%
    of the basis of qualified property placed in service during
    the taxable year, provided such property is placed in
    service on or after July 1, 1984. There shall be allowed an
    additional credit equal to .5% of the basis of qualified
    property placed in service during the taxable year,
    provided such property is placed in service on or after
    July 1, 1986, and the taxpayer's base employment within
    Illinois has increased by 1% or more over the preceding
    year as determined by the taxpayer's employment records
    filed with the Illinois Department of Employment Security.
    Taxpayers who are new to Illinois shall be deemed to have
    met the 1% growth in base employment for the first year in
    which they file employment records with the Illinois
    Department of Employment Security. The provisions added to
    this Section by Public Act 85-1200 (and restored by Public
    Act 87-895) shall be construed as declaratory of existing
    law and not as a new enactment. If, in any year, the
    increase in base employment within Illinois over the
    preceding year is less than 1%, the additional credit shall
    be limited to that percentage times a fraction, the
    numerator of which is .5% and the denominator of which is
    1%, but shall not exceed .5%. The investment credit shall
    not be allowed to the extent that it would reduce a
    taxpayer's liability in any tax year below zero, nor may
    any credit for qualified property be allowed for any year
    other than the year in which the property was placed in
    service in Illinois. For tax years ending on or after
    December 31, 1987, and on or before December 31, 1988, the
    credit shall be allowed for the tax year in which the
    property is placed in service, or, if the amount of the
    credit exceeds the tax liability for that year, whether it
    exceeds the original liability or the liability as later
    amended, such excess may be carried forward and applied to
    the tax liability of the 5 taxable years following the
    excess credit years if the taxpayer (i) makes investments
    which cause the creation of a minimum of 2,000 full-time
    equivalent jobs in Illinois, (ii) is located in an
    enterprise zone established pursuant to the Illinois
    Enterprise Zone Act and (iii) is certified by the
    Department of Commerce and Community Affairs (now
    Department of Commerce and Economic Opportunity) as
    complying with the requirements specified in clause (i) and
    (ii) by July 1, 1986. The Department of Commerce and
    Community Affairs (now Department of Commerce and Economic
    Opportunity) shall notify the Department of Revenue of all
    such certifications immediately. For tax years ending
    after December 31, 1988, the credit shall be allowed for
    the tax year in which the property is placed in service,
    or, if the amount of the credit exceeds the tax liability
    for that year, whether it exceeds the original liability or
    the liability as later amended, such excess may be carried
    forward and applied to the tax liability of the 5 taxable
    years following the excess credit years. The credit shall
    be applied to the earliest year for which there is a
    liability. If there is credit from more than one tax year
    that is available to offset a liability, earlier credit
    shall be applied first.
        (2) The term "qualified property" means property
    which:
            (A) is tangible, whether new or used, including
        buildings and structural components of buildings and
        signs that are real property, but not including land or
        improvements to real property that are not a structural
        component of a building such as landscaping, sewer
        lines, local access roads, fencing, parking lots, and
        other appurtenances;
            (B) is depreciable pursuant to Section 167 of the
        Internal Revenue Code, except that "3-year property"
        as defined in Section 168(c)(2)(A) of that Code is not
        eligible for the credit provided by this subsection
        (e);
            (C) is acquired by purchase as defined in Section
        179(d) of the Internal Revenue Code;
            (D) is used in Illinois by a taxpayer who is
        primarily engaged in manufacturing, or in mining coal
        or fluorite, or in retailing, or was placed in service
        on or after July 1, 2006 in a River Edge Redevelopment
        Zone established pursuant to the River Edge
        Redevelopment Zone Act; and
            (E) has not previously been used in Illinois in
        such a manner and by such a person as would qualify for
        the credit provided by this subsection (e) or
        subsection (f).
        (3) For purposes of this subsection (e),
    "manufacturing" means the material staging and production
    of tangible personal property by procedures commonly
    regarded as manufacturing, processing, fabrication, or
    assembling which changes some existing material into new
    shapes, new qualities, or new combinations. For purposes of
    this subsection (e) the term "mining" shall have the same
    meaning as the term "mining" in Section 613(c) of the
    Internal Revenue Code. For purposes of this subsection (e),
    the term "retailing" means the sale of tangible personal
    property for use or consumption and not for resale, or
    services rendered in conjunction with the sale of tangible
    personal property for use or consumption and not for
    resale. For purposes of this subsection (e), "tangible
    personal property" has the same meaning as when that term
    is used in the Retailers' Occupation Tax Act, and, for
    taxable years ending after December 31, 2008, does not
    include the generation, transmission, or distribution of
    electricity.
        (4) The basis of qualified property shall be the basis
    used to compute the depreciation deduction for federal
    income tax purposes.
        (5) If the basis of the property for federal income tax
    depreciation purposes is increased after it has been placed
    in service in Illinois by the taxpayer, the amount of such
    increase shall be deemed property placed in service on the
    date of such increase in basis.
        (6) The term "placed in service" shall have the same
    meaning as under Section 46 of the Internal Revenue Code.
        (7) If during any taxable year, any property ceases to
    be qualified property in the hands of the taxpayer within
    48 months after being placed in service, or the situs of
    any qualified property is moved outside Illinois within 48
    months after being placed in service, the Personal Property
    Tax Replacement Income Tax for such taxable year shall be
    increased. Such increase shall be determined by (i)
    recomputing the investment credit which would have been
    allowed for the year in which credit for such property was
    originally allowed by eliminating such property from such
    computation and, (ii) subtracting such recomputed credit
    from the amount of credit previously allowed. For the
    purposes of this paragraph (7), a reduction of the basis of
    qualified property resulting from a redetermination of the
    purchase price shall be deemed a disposition of qualified
    property to the extent of such reduction.
        (8) Unless the investment credit is extended by law,
    the basis of qualified property shall not include costs
    incurred after December 31, 2018, except for costs incurred
    pursuant to a binding contract entered into on or before
    December 31, 2018.
        (9) Each taxable year ending before December 31, 2000,
    a partnership may elect to pass through to its partners the
    credits to which the partnership is entitled under this
    subsection (e) for the taxable year. A partner may use the
    credit allocated to him or her under this paragraph only
    against the tax imposed in subsections (c) and (d) of this
    Section. If the partnership makes that election, those
    credits shall be allocated among the partners in the
    partnership in accordance with the rules set forth in
    Section 704(b) of the Internal Revenue Code, and the rules
    promulgated under that Section, and the allocated amount of
    the credits shall be allowed to the partners for that
    taxable year. The partnership shall make this election on
    its Personal Property Tax Replacement Income Tax return for
    that taxable year. The election to pass through the credits
    shall be irrevocable.
        For taxable years ending on or after December 31, 2000,
    a partner that qualifies its partnership for a subtraction
    under subparagraph (I) of paragraph (2) of subsection (d)
    of Section 203 or a shareholder that qualifies a Subchapter
    S corporation for a subtraction under subparagraph (S) of
    paragraph (2) of subsection (b) of Section 203 shall be
    allowed a credit under this subsection (e) equal to its
    share of the credit earned under this subsection (e) during
    the taxable year by the partnership or Subchapter S
    corporation, determined in accordance with the
    determination of income and distributive share of income
    under Sections 702 and 704 and Subchapter S of the Internal
    Revenue Code. This paragraph is exempt from the provisions
    of Section 250.
    (f) Investment credit; Enterprise Zone; River Edge
Redevelopment Zone.
        (1) A taxpayer shall be allowed a credit against the
    tax imposed by subsections (a) and (b) of this Section for
    investment in qualified property which is placed in service
    in an Enterprise Zone created pursuant to the Illinois
    Enterprise Zone Act or, for property placed in service on
    or after July 1, 2006, a River Edge Redevelopment Zone
    established pursuant to the River Edge Redevelopment Zone
    Act. For partners, shareholders of Subchapter S
    corporations, and owners of limited liability companies,
    if the liability company is treated as a partnership for
    purposes of federal and State income taxation, there shall
    be allowed a credit under this subsection (f) to be
    determined in accordance with the determination of income
    and distributive share of income under Sections 702 and 704
    and Subchapter S of the Internal Revenue Code. The credit
    shall be .5% of the basis for such property. The credit
    shall be available only in the taxable year in which the
    property is placed in service in the Enterprise Zone or
    River Edge Redevelopment Zone and shall not be allowed to
    the extent that it would reduce a taxpayer's liability for
    the tax imposed by subsections (a) and (b) of this Section
    to below zero. For tax years ending on or after December
    31, 1985, the credit shall be allowed for the tax year in
    which the property is placed in service, or, if the amount
    of the credit exceeds the tax liability for that year,
    whether it exceeds the original liability or the liability
    as later amended, such excess may be carried forward and
    applied to the tax liability of the 5 taxable years
    following the excess credit year. The credit shall be
    applied to the earliest year for which there is a
    liability. If there is credit from more than one tax year
    that is available to offset a liability, the credit
    accruing first in time shall be applied first.
        (2) The term qualified property means property which:
            (A) is tangible, whether new or used, including
        buildings and structural components of buildings;
            (B) is depreciable pursuant to Section 167 of the
        Internal Revenue Code, except that "3-year property"
        as defined in Section 168(c)(2)(A) of that Code is not
        eligible for the credit provided by this subsection
        (f);
            (C) is acquired by purchase as defined in Section
        179(d) of the Internal Revenue Code;
            (D) is used in the Enterprise Zone or River Edge
        Redevelopment Zone by the taxpayer; and
            (E) has not been previously used in Illinois in
        such a manner and by such a person as would qualify for
        the credit provided by this subsection (f) or
        subsection (e).
        (3) The basis of qualified property shall be the basis
    used to compute the depreciation deduction for federal
    income tax purposes.
        (4) If the basis of the property for federal income tax
    depreciation purposes is increased after it has been placed
    in service in the Enterprise Zone or River Edge
    Redevelopment Zone by the taxpayer, the amount of such
    increase shall be deemed property placed in service on the
    date of such increase in basis.
        (5) The term "placed in service" shall have the same
    meaning as under Section 46 of the Internal Revenue Code.
        (6) If during any taxable year, any property ceases to
    be qualified property in the hands of the taxpayer within
    48 months after being placed in service, or the situs of
    any qualified property is moved outside the Enterprise Zone
    or River Edge Redevelopment Zone within 48 months after
    being placed in service, the tax imposed under subsections
    (a) and (b) of this Section for such taxable year shall be
    increased. Such increase shall be determined by (i)
    recomputing the investment credit which would have been
    allowed for the year in which credit for such property was
    originally allowed by eliminating such property from such
    computation, and (ii) subtracting such recomputed credit
    from the amount of credit previously allowed. For the
    purposes of this paragraph (6), a reduction of the basis of
    qualified property resulting from a redetermination of the
    purchase price shall be deemed a disposition of qualified
    property to the extent of such reduction.
        (7) There shall be allowed an additional credit equal
    to 0.5% of the basis of qualified property placed in
    service during the taxable year in a River Edge
    Redevelopment Zone, provided such property is placed in
    service on or after July 1, 2006, and the taxpayer's base
    employment within Illinois has increased by 1% or more over
    the preceding year as determined by the taxpayer's
    employment records filed with the Illinois Department of
    Employment Security. Taxpayers who are new to Illinois
    shall be deemed to have met the 1% growth in base
    employment for the first year in which they file employment
    records with the Illinois Department of Employment
    Security. If, in any year, the increase in base employment
    within Illinois over the preceding year is less than 1%,
    the additional credit shall be limited to that percentage
    times a fraction, the numerator of which is 0.5% and the
    denominator of which is 1%, but shall not exceed 0.5%.
    (g) (Blank).
    (h) Investment credit; High Impact Business.
        (1) Subject to subsections (b) and (b-5) of Section 5.5
    of the Illinois Enterprise Zone Act, a taxpayer shall be
    allowed a credit against the tax imposed by subsections (a)
    and (b) of this Section for investment in qualified
    property which is placed in service by a Department of
    Commerce and Economic Opportunity designated High Impact
    Business. The credit shall be .5% of the basis for such
    property. The credit shall not be available (i) until the
    minimum investments in qualified property set forth in
    subdivision (a)(3)(A) of Section 5.5 of the Illinois
    Enterprise Zone Act have been satisfied or (ii) until the
    time authorized in subsection (b-5) of the Illinois
    Enterprise Zone Act for entities designated as High Impact
    Businesses under subdivisions (a)(3)(B), (a)(3)(C), and
    (a)(3)(D) of Section 5.5 of the Illinois Enterprise Zone
    Act, and shall not be allowed to the extent that it would
    reduce a taxpayer's liability for the tax imposed by
    subsections (a) and (b) of this Section to below zero. The
    credit applicable to such investments shall be taken in the
    taxable year in which such investments have been completed.
    The credit for additional investments beyond the minimum
    investment by a designated high impact business authorized
    under subdivision (a)(3)(A) of Section 5.5 of the Illinois
    Enterprise Zone Act shall be available only in the taxable
    year in which the property is placed in service and shall
    not be allowed to the extent that it would reduce a
    taxpayer's liability for the tax imposed by subsections (a)
    and (b) of this Section to below zero. For tax years ending
    on or after December 31, 1987, the credit shall be allowed
    for the tax year in which the property is placed in
    service, or, if the amount of the credit exceeds the tax
    liability for that year, whether it exceeds the original
    liability or the liability as later amended, such excess
    may be carried forward and applied to the tax liability of
    the 5 taxable years following the excess credit year. The
    credit shall be applied to the earliest year for which
    there is a liability. If there is credit from more than one
    tax year that is available to offset a liability, the
    credit accruing first in time shall be applied first.
        Changes made in this subdivision (h)(1) by Public Act
    88-670 restore changes made by Public Act 85-1182 and
    reflect existing law.
        (2) The term qualified property means property which:
            (A) is tangible, whether new or used, including
        buildings and structural components of buildings;
            (B) is depreciable pursuant to Section 167 of the
        Internal Revenue Code, except that "3-year property"
        as defined in Section 168(c)(2)(A) of that Code is not
        eligible for the credit provided by this subsection
        (h);
            (C) is acquired by purchase as defined in Section
        179(d) of the Internal Revenue Code; and
            (D) is not eligible for the Enterprise Zone
        Investment Credit provided by subsection (f) of this
        Section.
        (3) The basis of qualified property shall be the basis
    used to compute the depreciation deduction for federal
    income tax purposes.
        (4) If the basis of the property for federal income tax
    depreciation purposes is increased after it has been placed
    in service in a federally designated Foreign Trade Zone or
    Sub-Zone located in Illinois by the taxpayer, the amount of
    such increase shall be deemed property placed in service on
    the date of such increase in basis.
        (5) The term "placed in service" shall have the same
    meaning as under Section 46 of the Internal Revenue Code.
        (6) If during any taxable year ending on or before
    December 31, 1996, any property ceases to be qualified
    property in the hands of the taxpayer within 48 months
    after being placed in service, or the situs of any
    qualified property is moved outside Illinois within 48
    months after being placed in service, the tax imposed under
    subsections (a) and (b) of this Section for such taxable
    year shall be increased. Such increase shall be determined
    by (i) recomputing the investment credit which would have
    been allowed for the year in which credit for such property
    was originally allowed by eliminating such property from
    such computation, and (ii) subtracting such recomputed
    credit from the amount of credit previously allowed. For
    the purposes of this paragraph (6), a reduction of the
    basis of qualified property resulting from a
    redetermination of the purchase price shall be deemed a
    disposition of qualified property to the extent of such
    reduction.
        (7) Beginning with tax years ending after December 31,
    1996, if a taxpayer qualifies for the credit under this
    subsection (h) and thereby is granted a tax abatement and
    the taxpayer relocates its entire facility in violation of
    the explicit terms and length of the contract under Section
    18-183 of the Property Tax Code, the tax imposed under
    subsections (a) and (b) of this Section shall be increased
    for the taxable year in which the taxpayer relocated its
    facility by an amount equal to the amount of credit
    received by the taxpayer under this subsection (h).
    (i) Credit for Personal Property Tax Replacement Income
Tax. For tax years ending prior to December 31, 2003, a credit
shall be allowed against the tax imposed by subsections (a) and
(b) of this Section for the tax imposed by subsections (c) and
(d) of this Section. This credit shall be computed by
multiplying the tax imposed by subsections (c) and (d) of this
Section by a fraction, the numerator of which is base income
allocable to Illinois and the denominator of which is Illinois
base income, and further multiplying the product by the tax
rate imposed by subsections (a) and (b) of this Section.
    Any credit earned on or after December 31, 1986 under this
subsection which is unused in the year the credit is computed
because it exceeds the tax liability imposed by subsections (a)
and (b) for that year (whether it exceeds the original
liability or the liability as later amended) may be carried
forward and applied to the tax liability imposed by subsections
(a) and (b) of the 5 taxable years following the excess credit
year, provided that no credit may be carried forward to any
year ending on or after December 31, 2003. This credit shall be
applied first to the earliest year for which there is a
liability. If there is a credit under this subsection from more
than one tax year that is available to offset a liability the
earliest credit arising under this subsection shall be applied
first.
    If, during any taxable year ending on or after December 31,
1986, the tax imposed by subsections (c) and (d) of this
Section for which a taxpayer has claimed a credit under this
subsection (i) is reduced, the amount of credit for such tax
shall also be reduced. Such reduction shall be determined by
recomputing the credit to take into account the reduced tax
imposed by subsections (c) and (d). If any portion of the
reduced amount of credit has been carried to a different
taxable year, an amended return shall be filed for such taxable
year to reduce the amount of credit claimed.
    (j) Training expense credit. Beginning with tax years
ending on or after December 31, 1986 and prior to December 31,
2003, a taxpayer shall be allowed a credit against the tax
imposed by subsections (a) and (b) under this Section for all
amounts paid or accrued, on behalf of all persons employed by
the taxpayer in Illinois or Illinois residents employed outside
of Illinois by a taxpayer, for educational or vocational
training in semi-technical or technical fields or semi-skilled
or skilled fields, which were deducted from gross income in the
computation of taxable income. The credit against the tax
imposed by subsections (a) and (b) shall be 1.6% of such
training expenses. For partners, shareholders of subchapter S
corporations, and owners of limited liability companies, if the
liability company is treated as a partnership for purposes of
federal and State income taxation, there shall be allowed a
credit under this subsection (j) to be determined in accordance
with the determination of income and distributive share of
income under Sections 702 and 704 and subchapter S of the
Internal Revenue Code.
    Any credit allowed under this subsection which is unused in
the year the credit is earned may be carried forward to each of
the 5 taxable years following the year for which the credit is
first computed until it is used. This credit shall be applied
first to the earliest year for which there is a liability. If
there is a credit under this subsection from more than one tax
year that is available to offset a liability the earliest
credit arising under this subsection shall be applied first. No
carryforward credit may be claimed in any tax year ending on or
after December 31, 2003.
    (k) Research and development credit. For tax years ending
after July 1, 1990 and prior to December 31, 2003, and
beginning again for tax years ending on or after December 31,
2004, and ending prior to January 1, 2022, a taxpayer shall be
allowed a credit against the tax imposed by subsections (a) and
(b) of this Section for increasing research activities in this
State. The credit allowed against the tax imposed by
subsections (a) and (b) shall be equal to 6 1/2% of the
qualifying expenditures for increasing research activities in
this State. For partners, shareholders of subchapter S
corporations, and owners of limited liability companies, if the
liability company is treated as a partnership for purposes of
federal and State income taxation, there shall be allowed a
credit under this subsection to be determined in accordance
with the determination of income and distributive share of
income under Sections 702 and 704 and subchapter S of the
Internal Revenue Code.
    For purposes of this subsection, "qualifying expenditures"
means the qualifying expenditures as defined for the federal
credit for increasing research activities which would be
allowable under Section 41 of the Internal Revenue Code and
which are conducted in this State, "qualifying expenditures for
increasing research activities in this State" means the excess
of qualifying expenditures for the taxable year in which
incurred over qualifying expenditures for the base period,
"qualifying expenditures for the base period" means the average
of the qualifying expenditures for each year in the base
period, and "base period" means the 3 taxable years immediately
preceding the taxable year for which the determination is being
made.
    Any credit in excess of the tax liability for the taxable
year may be carried forward. A taxpayer may elect to have the
unused credit shown on its final completed return carried over
as a credit against the tax liability for the following 5
taxable years or until it has been fully used, whichever occurs
first; provided that no credit earned in a tax year ending
prior to December 31, 2003 may be carried forward to any year
ending on or after December 31, 2003.
    If an unused credit is carried forward to a given year from
2 or more earlier years, that credit arising in the earliest
year will be applied first against the tax liability for the
given year. If a tax liability for the given year still
remains, the credit from the next earliest year will then be
applied, and so on, until all credits have been used or no tax
liability for the given year remains. Any remaining unused
credit or credits then will be carried forward to the next
following year in which a tax liability is incurred, except
that no credit can be carried forward to a year which is more
than 5 years after the year in which the expense for which the
credit is given was incurred.
    No inference shall be drawn from this amendatory Act of the
91st General Assembly in construing this Section for taxable
years beginning before January 1, 1999.
    It is the intent of the General Assembly that the research
and development credit under this subsection (k) shall apply
continuously for all tax years ending on or after December 31,
2004 and ending prior to January 1, 2022, including, but not
limited to, the period beginning on January 1, 2016 and ending
on the effective date of this amendatory Act of the 100th
General Assembly. All actions taken in reliance on the
continuation of the credit under this subsection (k) by any
taxpayer are hereby validated.
    (l) Environmental Remediation Tax Credit.
        (i) For tax years ending after December 31, 1997 and on
    or before December 31, 2001, a taxpayer shall be allowed a
    credit against the tax imposed by subsections (a) and (b)
    of this Section for certain amounts paid for unreimbursed
    eligible remediation costs, as specified in this
    subsection. For purposes of this Section, "unreimbursed
    eligible remediation costs" means costs approved by the
    Illinois Environmental Protection Agency ("Agency") under
    Section 58.14 of the Environmental Protection Act that were
    paid in performing environmental remediation at a site for
    which a No Further Remediation Letter was issued by the
    Agency and recorded under Section 58.10 of the
    Environmental Protection Act. The credit must be claimed
    for the taxable year in which Agency approval of the
    eligible remediation costs is granted. The credit is not
    available to any taxpayer if the taxpayer or any related
    party caused or contributed to, in any material respect, a
    release of regulated substances on, in, or under the site
    that was identified and addressed by the remedial action
    pursuant to the Site Remediation Program of the
    Environmental Protection Act. After the Pollution Control
    Board rules are adopted pursuant to the Illinois
    Administrative Procedure Act for the administration and
    enforcement of Section 58.9 of the Environmental
    Protection Act, determinations as to credit availability
    for purposes of this Section shall be made consistent with
    those rules. For purposes of this Section, "taxpayer"
    includes a person whose tax attributes the taxpayer has
    succeeded to under Section 381 of the Internal Revenue Code
    and "related party" includes the persons disallowed a
    deduction for losses by paragraphs (b), (c), and (f)(1) of
    Section 267 of the Internal Revenue Code by virtue of being
    a related taxpayer, as well as any of its partners. The
    credit allowed against the tax imposed by subsections (a)
    and (b) shall be equal to 25% of the unreimbursed eligible
    remediation costs in excess of $100,000 per site, except
    that the $100,000 threshold shall not apply to any site
    contained in an enterprise zone as determined by the
    Department of Commerce and Community Affairs (now
    Department of Commerce and Economic Opportunity). The
    total credit allowed shall not exceed $40,000 per year with
    a maximum total of $150,000 per site. For partners and
    shareholders of subchapter S corporations, there shall be
    allowed a credit under this subsection to be determined in
    accordance with the determination of income and
    distributive share of income under Sections 702 and 704 and
    subchapter S of the Internal Revenue Code.
        (ii) A credit allowed under this subsection that is
    unused in the year the credit is earned may be carried
    forward to each of the 5 taxable years following the year
    for which the credit is first earned until it is used. The
    term "unused credit" does not include any amounts of
    unreimbursed eligible remediation costs in excess of the
    maximum credit per site authorized under paragraph (i).
    This credit shall be applied first to the earliest year for
    which there is a liability. If there is a credit under this
    subsection from more than one tax year that is available to
    offset a liability, the earliest credit arising under this
    subsection shall be applied first. A credit allowed under
    this subsection may be sold to a buyer as part of a sale of
    all or part of the remediation site for which the credit
    was granted. The purchaser of a remediation site and the
    tax credit shall succeed to the unused credit and remaining
    carry-forward period of the seller. To perfect the
    transfer, the assignor shall record the transfer in the
    chain of title for the site and provide written notice to
    the Director of the Illinois Department of Revenue of the
    assignor's intent to sell the remediation site and the
    amount of the tax credit to be transferred as a portion of
    the sale. In no event may a credit be transferred to any
    taxpayer if the taxpayer or a related party would not be
    eligible under the provisions of subsection (i).
        (iii) For purposes of this Section, the term "site"
    shall have the same meaning as under Section 58.2 of the
    Environmental Protection Act.
    (m) Education expense credit. Beginning with tax years
ending after December 31, 1999, a taxpayer who is the custodian
of one or more qualifying pupils shall be allowed a credit
against the tax imposed by subsections (a) and (b) of this
Section for qualified education expenses incurred on behalf of
the qualifying pupils. The credit shall be equal to 25% of
qualified education expenses, but in no event may the total
credit under this subsection claimed by a family that is the
custodian of qualifying pupils exceed (i) $500 for tax years
ending prior to December 31, 2017, and (ii) $750 for tax years
ending on or after December 31, 2017. In no event shall a
credit under this subsection reduce the taxpayer's liability
under this Act to less than zero. Notwithstanding any other
provision of law, for taxable years beginning on or after
January 1, 2017, no taxpayer may claim a credit under this
subsection (m) if the taxpayer's adjusted gross income for the
taxable year exceeds (i) $500,000, in the case of spouses
filing a joint federal tax return or (ii) $250,000, in the case
of all other taxpayers. This subsection is exempt from the
provisions of Section 250 of this Act.
    For purposes of this subsection:
    "Qualifying pupils" means individuals who (i) are
residents of the State of Illinois, (ii) are under the age of
21 at the close of the school year for which a credit is
sought, and (iii) during the school year for which a credit is
sought were full-time pupils enrolled in a kindergarten through
twelfth grade education program at any school, as defined in
this subsection.
    "Qualified education expense" means the amount incurred on
behalf of a qualifying pupil in excess of $250 for tuition,
book fees, and lab fees at the school in which the pupil is
enrolled during the regular school year.
    "School" means any public or nonpublic elementary or
secondary school in Illinois that is in compliance with Title
VI of the Civil Rights Act of 1964 and attendance at which
satisfies the requirements of Section 26-1 of the School Code,
except that nothing shall be construed to require a child to
attend any particular public or nonpublic school to qualify for
the credit under this Section.
    "Custodian" means, with respect to qualifying pupils, an
Illinois resident who is a parent, the parents, a legal
guardian, or the legal guardians of the qualifying pupils.
    (n) River Edge Redevelopment Zone site remediation tax
credit.
        (i) For tax years ending on or after December 31, 2006,
    a taxpayer shall be allowed a credit against the tax
    imposed by subsections (a) and (b) of this Section for
    certain amounts paid for unreimbursed eligible remediation
    costs, as specified in this subsection. For purposes of
    this Section, "unreimbursed eligible remediation costs"
    means costs approved by the Illinois Environmental
    Protection Agency ("Agency") under Section 58.14a of the
    Environmental Protection Act that were paid in performing
    environmental remediation at a site within a River Edge
    Redevelopment Zone for which a No Further Remediation
    Letter was issued by the Agency and recorded under Section
    58.10 of the Environmental Protection Act. The credit must
    be claimed for the taxable year in which Agency approval of
    the eligible remediation costs is granted. The credit is
    not available to any taxpayer if the taxpayer or any
    related party caused or contributed to, in any material
    respect, a release of regulated substances on, in, or under
    the site that was identified and addressed by the remedial
    action pursuant to the Site Remediation Program of the
    Environmental Protection Act. Determinations as to credit
    availability for purposes of this Section shall be made
    consistent with rules adopted by the Pollution Control
    Board pursuant to the Illinois Administrative Procedure
    Act for the administration and enforcement of Section 58.9
    of the Environmental Protection Act. For purposes of this
    Section, "taxpayer" includes a person whose tax attributes
    the taxpayer has succeeded to under Section 381 of the
    Internal Revenue Code and "related party" includes the
    persons disallowed a deduction for losses by paragraphs
    (b), (c), and (f)(1) of Section 267 of the Internal Revenue
    Code by virtue of being a related taxpayer, as well as any
    of its partners. The credit allowed against the tax imposed
    by subsections (a) and (b) shall be equal to 25% of the
    unreimbursed eligible remediation costs in excess of
    $100,000 per site.
        (ii) A credit allowed under this subsection that is
    unused in the year the credit is earned may be carried
    forward to each of the 5 taxable years following the year
    for which the credit is first earned until it is used. This
    credit shall be applied first to the earliest year for
    which there is a liability. If there is a credit under this
    subsection from more than one tax year that is available to
    offset a liability, the earliest credit arising under this
    subsection shall be applied first. A credit allowed under
    this subsection may be sold to a buyer as part of a sale of
    all or part of the remediation site for which the credit
    was granted. The purchaser of a remediation site and the
    tax credit shall succeed to the unused credit and remaining
    carry-forward period of the seller. To perfect the
    transfer, the assignor shall record the transfer in the
    chain of title for the site and provide written notice to
    the Director of the Illinois Department of Revenue of the
    assignor's intent to sell the remediation site and the
    amount of the tax credit to be transferred as a portion of
    the sale. In no event may a credit be transferred to any
    taxpayer if the taxpayer or a related party would not be
    eligible under the provisions of subsection (i).
        (iii) For purposes of this Section, the term "site"
    shall have the same meaning as under Section 58.2 of the
    Environmental Protection Act.
    (o) For each of taxable years during the Compassionate Use
of Medical Cannabis Pilot Program, a surcharge is imposed on
all taxpayers on income arising from the sale or exchange of
capital assets, depreciable business property, real property
used in the trade or business, and Section 197 intangibles of
an organization registrant under the Compassionate Use of
Medical Cannabis Pilot Program Act. The amount of the surcharge
is equal to the amount of federal income tax liability for the
taxable year attributable to those sales and exchanges. The
surcharge imposed does not apply if:
        (1) the medical cannabis cultivation center
    registration, medical cannabis dispensary registration, or
    the property of a registration is transferred as a result
    of any of the following:
            (A) bankruptcy, a receivership, or a debt
        adjustment initiated by or against the initial
        registration or the substantial owners of the initial
        registration;
            (B) cancellation, revocation, or termination of
        any registration by the Illinois Department of Public
        Health;
            (C) a determination by the Illinois Department of
        Public Health that transfer of the registration is in
        the best interests of Illinois qualifying patients as
        defined by the Compassionate Use of Medical Cannabis
        Pilot Program Act;
            (D) the death of an owner of the equity interest in
        a registrant;
            (E) the acquisition of a controlling interest in
        the stock or substantially all of the assets of a
        publicly traded company;
            (F) a transfer by a parent company to a wholly
        owned subsidiary; or
            (G) the transfer or sale to or by one person to
        another person where both persons were initial owners
        of the registration when the registration was issued;
        or
        (2) the cannabis cultivation center registration,
    medical cannabis dispensary registration, or the
    controlling interest in a registrant's property is
    transferred in a transaction to lineal descendants in which
    no gain or loss is recognized or as a result of a
    transaction in accordance with Section 351 of the Internal
    Revenue Code in which no gain or loss is recognized.
(Source: P.A. 100-22, eff. 7-6-17.)
 
    Section 15. The Use Tax Act is amended by changing Section
3-10 as follows:
 
    (35 ILCS 105/3-10)
    Sec. 3-10. Rate of tax. Unless otherwise provided in this
Section, the tax imposed by this Act is at the rate of 6.25% of
either the selling price or the fair market value, if any, of
the tangible personal property. In all cases where property
functionally used or consumed is the same as the property that
was purchased at retail, then the tax is imposed on the selling
price of the property. In all cases where property functionally
used or consumed is a by-product or waste product that has been
refined, manufactured, or produced from property purchased at
retail, then the tax is imposed on the lower of the fair market
value, if any, of the specific property so used in this State
or on the selling price of the property purchased at retail.
For purposes of this Section "fair market value" means the
price at which property would change hands between a willing
buyer and a willing seller, neither being under any compulsion
to buy or sell and both having reasonable knowledge of the
relevant facts. The fair market value shall be established by
Illinois sales by the taxpayer of the same property as that
functionally used or consumed, or if there are no such sales by
the taxpayer, then comparable sales or purchases of property of
like kind and character in Illinois.
    Beginning on July 1, 2000 and through December 31, 2000,
with respect to motor fuel, as defined in Section 1.1 of the
Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
the Use Tax Act, the tax is imposed at the rate of 1.25%.
    Beginning on August 6, 2010 through August 15, 2010, with
respect to sales tax holiday items as defined in Section 3-6 of
this Act, the tax is imposed at the rate of 1.25%.
    With respect to gasohol, the tax imposed by this Act
applies to (i) 70% of the proceeds of sales made on or after
January 1, 1990, and before July 1, 2003, (ii) 80% of the
proceeds of sales made on or after July 1, 2003 and on or
before July 1, 2017, and (iii) 100% of the proceeds of sales
made thereafter. If, at any time, however, the tax under this
Act on sales of gasohol is imposed at the rate of 1.25%, then
the tax imposed by this Act applies to 100% of the proceeds of
sales of gasohol made during that time.
    With respect to majority blended ethanol fuel, the tax
imposed by this Act does not apply to the proceeds of sales
made on or after July 1, 2003 and on or before December 31,
2023 but applies to 100% of the proceeds of sales made
thereafter.
    With respect to biodiesel blends with no less than 1% and
no more than 10% biodiesel, the tax imposed by this Act applies
to (i) 80% of the proceeds of sales made on or after July 1,
2003 and on or before December 31, 2018 and (ii) 100% of the
proceeds of sales made thereafter. If, at any time, however,
the tax under this Act on sales of biodiesel blends with no
less than 1% and no more than 10% biodiesel is imposed at the
rate of 1.25%, then the tax imposed by this Act applies to 100%
of the proceeds of sales of biodiesel blends with no less than
1% and no more than 10% biodiesel made during that time.
    With respect to 100% biodiesel and biodiesel blends with
more than 10% but no more than 99% biodiesel, the tax imposed
by this Act does not apply to the proceeds of sales made on or
after July 1, 2003 and on or before December 31, 2023 but
applies to 100% of the proceeds of sales made thereafter.
    With respect to food for human consumption that is to be
consumed off the premises where it is sold (other than
alcoholic beverages, soft drinks, and food that has been
prepared for immediate consumption) and prescription and
nonprescription medicines, drugs, medical appliances, products
classified as Class III medical devices by the United States
Food and Drug Administration that are used for cancer treatment
pursuant to a prescription, as well as any accessories and
components related to those devices, modifications to a motor
vehicle for the purpose of rendering it usable by a person with
a disability, and insulin, urine testing materials, syringes,
and needles used by diabetics, for human use, the tax is
imposed at the rate of 1%. For the purposes of this Section,
until September 1, 2009: the term "soft drinks" means any
complete, finished, ready-to-use, non-alcoholic drink, whether
carbonated or not, including but not limited to soda water,
cola, fruit juice, vegetable juice, carbonated water, and all
other preparations commonly known as soft drinks of whatever
kind or description that are contained in any closed or sealed
bottle, can, carton, or container, regardless of size; but
"soft drinks" does not include coffee, tea, non-carbonated
water, infant formula, milk or milk products as defined in the
Grade A Pasteurized Milk and Milk Products Act, or drinks
containing 50% or more natural fruit or vegetable juice.
    Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "soft drinks" means non-alcoholic
beverages that contain natural or artificial sweeteners. "Soft
drinks" do not include beverages that contain milk or milk
products, soy, rice or similar milk substitutes, or greater
than 50% of vegetable or fruit juice by volume.
    Until August 1, 2009, and notwithstanding any other
provisions of this Act, "food for human consumption that is to
be consumed off the premises where it is sold" includes all
food sold through a vending machine, except soft drinks and
food products that are dispensed hot from a vending machine,
regardless of the location of the vending machine. Beginning
August 1, 2009, and notwithstanding any other provisions of
this Act, "food for human consumption that is to be consumed
off the premises where it is sold" includes all food sold
through a vending machine, except soft drinks, candy, and food
products that are dispensed hot from a vending machine,
regardless of the location of the vending machine.
    Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "food for human consumption that
is to be consumed off the premises where it is sold" does not
include candy. For purposes of this Section, "candy" means a
preparation of sugar, honey, or other natural or artificial
sweeteners in combination with chocolate, fruits, nuts or other
ingredients or flavorings in the form of bars, drops, or
pieces. "Candy" does not include any preparation that contains
flour or requires refrigeration.
    Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "nonprescription medicines and
drugs" does not include grooming and hygiene products. For
purposes of this Section, "grooming and hygiene products"
includes, but is not limited to, soaps and cleaning solutions,
shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
lotions and screens, unless those products are available by
prescription only, regardless of whether the products meet the
definition of "over-the-counter-drugs". For the purposes of
this paragraph, "over-the-counter-drug" means a drug for human
use that contains a label that identifies the product as a drug
as required by 21 C.F.R. 201.66. The "over-the-counter-drug"
label includes:
        (A) A "Drug Facts" panel; or
        (B) A statement of the "active ingredient(s)" with a
    list of those ingredients contained in the compound,
    substance or preparation.
    Beginning on the effective date of this amendatory Act of
the 98th General Assembly, "prescription and nonprescription
medicines and drugs" includes medical cannabis purchased from a
registered dispensing organization under the Compassionate Use
of Medical Cannabis Pilot Program Act.
    If the property that is purchased at retail from a retailer
is acquired outside Illinois and used outside Illinois before
being brought to Illinois for use here and is taxable under
this Act, the "selling price" on which the tax is computed
shall be reduced by an amount that represents a reasonable
allowance for depreciation for the period of prior out-of-state
use.
(Source: P.A. 99-143, eff. 7-27-15; 99-858, eff. 8-19-16;
100-22, eff. 7-6-17.)
 
    Section 20. The Service Use Tax Act is amended by changing
Section 3-10 as follows:
 
    (35 ILCS 110/3-10)  (from Ch. 120, par. 439.33-10)
    Sec. 3-10. Rate of tax. Unless otherwise provided in this
Section, the tax imposed by this Act is at the rate of 6.25% of
the selling price of tangible personal property transferred as
an incident to the sale of service, but, for the purpose of
computing this tax, in no event shall the selling price be less
than the cost price of the property to the serviceman.
    Beginning on July 1, 2000 and through December 31, 2000,
with respect to motor fuel, as defined in Section 1.1 of the
Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
the Use Tax Act, the tax is imposed at the rate of 1.25%.
    With respect to gasohol, as defined in the Use Tax Act, the
tax imposed by this Act applies to (i) 70% of the selling price
of property transferred as an incident to the sale of service
on or after January 1, 1990, and before July 1, 2003, (ii) 80%
of the selling price of property transferred as an incident to
the sale of service on or after July 1, 2003 and on or before
July 1, 2017, and (iii) 100% of the selling price thereafter.
If, at any time, however, the tax under this Act on sales of
gasohol, as defined in the Use Tax Act, is imposed at the rate
of 1.25%, then the tax imposed by this Act applies to 100% of
the proceeds of sales of gasohol made during that time.
    With respect to majority blended ethanol fuel, as defined
in the Use Tax Act, the tax imposed by this Act does not apply
to the selling price of property transferred as an incident to
the sale of service on or after July 1, 2003 and on or before
December 31, 2023 but applies to 100% of the selling price
thereafter.
    With respect to biodiesel blends, as defined in the Use Tax
Act, with no less than 1% and no more than 10% biodiesel, the
tax imposed by this Act applies to (i) 80% of the selling price
of property transferred as an incident to the sale of service
on or after July 1, 2003 and on or before December 31, 2018 and
(ii) 100% of the proceeds of the selling price thereafter. If,
at any time, however, the tax under this Act on sales of
biodiesel blends, as defined in the Use Tax Act, with no less
than 1% and no more than 10% biodiesel is imposed at the rate
of 1.25%, then the tax imposed by this Act applies to 100% of
the proceeds of sales of biodiesel blends with no less than 1%
and no more than 10% biodiesel made during that time.
    With respect to 100% biodiesel, as defined in the Use Tax
Act, and biodiesel blends, as defined in the Use Tax Act, with
more than 10% but no more than 99% biodiesel, the tax imposed
by this Act does not apply to the proceeds of the selling price
of property transferred as an incident to the sale of service
on or after July 1, 2003 and on or before December 31, 2023 but
applies to 100% of the selling price thereafter.
    At the election of any registered serviceman made for each
fiscal year, sales of service in which the aggregate annual
cost price of tangible personal property transferred as an
incident to the sales of service is less than 35%, or 75% in
the case of servicemen transferring prescription drugs or
servicemen engaged in graphic arts production, of the aggregate
annual total gross receipts from all sales of service, the tax
imposed by this Act shall be based on the serviceman's cost
price of the tangible personal property transferred as an
incident to the sale of those services.
    The tax shall be imposed at the rate of 1% on food prepared
for immediate consumption and transferred incident to a sale of
service subject to this Act or the Service Occupation Tax Act
by an entity licensed under the Hospital Licensing Act, the
Nursing Home Care Act, the ID/DD Community Care Act, the MC/DD
Act, the Specialized Mental Health Rehabilitation Act of 2013,
or the Child Care Act of 1969. The tax shall also be imposed at
the rate of 1% on food for human consumption that is to be
consumed off the premises where it is sold (other than
alcoholic beverages, soft drinks, and food that has been
prepared for immediate consumption and is not otherwise
included in this paragraph) and prescription and
nonprescription medicines, drugs, medical appliances, products
classified as Class III medical devices by the United States
Food and Drug Administration that are used for cancer treatment
pursuant to a prescription, as well as any accessories and
components related to those devices, modifications to a motor
vehicle for the purpose of rendering it usable by a person with
a disability, and insulin, urine testing materials, syringes,
and needles used by diabetics, for human use. For the purposes
of this Section, until September 1, 2009: the term "soft
drinks" means any complete, finished, ready-to-use,
non-alcoholic drink, whether carbonated or not, including but
not limited to soda water, cola, fruit juice, vegetable juice,
carbonated water, and all other preparations commonly known as
soft drinks of whatever kind or description that are contained
in any closed or sealed bottle, can, carton, or container,
regardless of size; but "soft drinks" does not include coffee,
tea, non-carbonated water, infant formula, milk or milk
products as defined in the Grade A Pasteurized Milk and Milk
Products Act, or drinks containing 50% or more natural fruit or
vegetable juice.
    Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "soft drinks" means non-alcoholic
beverages that contain natural or artificial sweeteners. "Soft
drinks" do not include beverages that contain milk or milk
products, soy, rice or similar milk substitutes, or greater
than 50% of vegetable or fruit juice by volume.
    Until August 1, 2009, and notwithstanding any other
provisions of this Act, "food for human consumption that is to
be consumed off the premises where it is sold" includes all
food sold through a vending machine, except soft drinks and
food products that are dispensed hot from a vending machine,
regardless of the location of the vending machine. Beginning
August 1, 2009, and notwithstanding any other provisions of
this Act, "food for human consumption that is to be consumed
off the premises where it is sold" includes all food sold
through a vending machine, except soft drinks, candy, and food
products that are dispensed hot from a vending machine,
regardless of the location of the vending machine.
    Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "food for human consumption that
is to be consumed off the premises where it is sold" does not
include candy. For purposes of this Section, "candy" means a
preparation of sugar, honey, or other natural or artificial
sweeteners in combination with chocolate, fruits, nuts or other
ingredients or flavorings in the form of bars, drops, or
pieces. "Candy" does not include any preparation that contains
flour or requires refrigeration.
    Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "nonprescription medicines and
drugs" does not include grooming and hygiene products. For
purposes of this Section, "grooming and hygiene products"
includes, but is not limited to, soaps and cleaning solutions,
shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
lotions and screens, unless those products are available by
prescription only, regardless of whether the products meet the
definition of "over-the-counter-drugs". For the purposes of
this paragraph, "over-the-counter-drug" means a drug for human
use that contains a label that identifies the product as a drug
as required by 21 C.F.R. 201.66. The "over-the-counter-drug"
label includes:
        (A) A "Drug Facts" panel; or
        (B) A statement of the "active ingredient(s)" with a
    list of those ingredients contained in the compound,
    substance or preparation.
    Beginning on January 1, 2014 (the effective date of Public
Act 98-122), "prescription and nonprescription medicines and
drugs" includes medical cannabis purchased from a registered
dispensing organization under the Compassionate Use of Medical
Cannabis Pilot Program Act.
    If the property that is acquired from a serviceman is
acquired outside Illinois and used outside Illinois before
being brought to Illinois for use here and is taxable under
this Act, the "selling price" on which the tax is computed
shall be reduced by an amount that represents a reasonable
allowance for depreciation for the period of prior out-of-state
use.
(Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15;
99-642, eff. 7-28-16; 99-858, eff. 8-19-16; 100-22, eff.
7-6-17.)
 
    Section 25. The Service Occupation Tax Act is amended by
changing Section 3-10 as follows:
 
    (35 ILCS 115/3-10)  (from Ch. 120, par. 439.103-10)
    Sec. 3-10. Rate of tax. Unless otherwise provided in this
Section, the tax imposed by this Act is at the rate of 6.25% of
the "selling price", as defined in Section 2 of the Service Use
Tax Act, of the tangible personal property. For the purpose of
computing this tax, in no event shall the "selling price" be
less than the cost price to the serviceman of the tangible
personal property transferred. The selling price of each item
of tangible personal property transferred as an incident of a
sale of service may be shown as a distinct and separate item on
the serviceman's billing to the service customer. If the
selling price is not so shown, the selling price of the
tangible personal property is deemed to be 50% of the
serviceman's entire billing to the service customer. When,
however, a serviceman contracts to design, develop, and produce
special order machinery or equipment, the tax imposed by this
Act shall be based on the serviceman's cost price of the
tangible personal property transferred incident to the
completion of the contract.
    Beginning on July 1, 2000 and through December 31, 2000,
with respect to motor fuel, as defined in Section 1.1 of the
Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
the Use Tax Act, the tax is imposed at the rate of 1.25%.
    With respect to gasohol, as defined in the Use Tax Act, the
tax imposed by this Act shall apply to (i) 70% of the cost
price of property transferred as an incident to the sale of
service on or after January 1, 1990, and before July 1, 2003,
(ii) 80% of the selling price of property transferred as an
incident to the sale of service on or after July 1, 2003 and on
or before July 1, 2017, and (iii) 100% of the cost price
thereafter. If, at any time, however, the tax under this Act on
sales of gasohol, as defined in the Use Tax Act, is imposed at
the rate of 1.25%, then the tax imposed by this Act applies to
100% of the proceeds of sales of gasohol made during that time.
    With respect to majority blended ethanol fuel, as defined
in the Use Tax Act, the tax imposed by this Act does not apply
to the selling price of property transferred as an incident to
the sale of service on or after July 1, 2003 and on or before
December 31, 2023 but applies to 100% of the selling price
thereafter.
    With respect to biodiesel blends, as defined in the Use Tax
Act, with no less than 1% and no more than 10% biodiesel, the
tax imposed by this Act applies to (i) 80% of the selling price
of property transferred as an incident to the sale of service
on or after July 1, 2003 and on or before December 31, 2018 and
(ii) 100% of the proceeds of the selling price thereafter. If,
at any time, however, the tax under this Act on sales of
biodiesel blends, as defined in the Use Tax Act, with no less
than 1% and no more than 10% biodiesel is imposed at the rate
of 1.25%, then the tax imposed by this Act applies to 100% of
the proceeds of sales of biodiesel blends with no less than 1%
and no more than 10% biodiesel made during that time.
    With respect to 100% biodiesel, as defined in the Use Tax
Act, and biodiesel blends, as defined in the Use Tax Act, with
more than 10% but no more than 99% biodiesel material, the tax
imposed by this Act does not apply to the proceeds of the
selling price of property transferred as an incident to the
sale of service on or after July 1, 2003 and on or before
December 31, 2023 but applies to 100% of the selling price
thereafter.
    At the election of any registered serviceman made for each
fiscal year, sales of service in which the aggregate annual
cost price of tangible personal property transferred as an
incident to the sales of service is less than 35%, or 75% in
the case of servicemen transferring prescription drugs or
servicemen engaged in graphic arts production, of the aggregate
annual total gross receipts from all sales of service, the tax
imposed by this Act shall be based on the serviceman's cost
price of the tangible personal property transferred incident to
the sale of those services.
    The tax shall be imposed at the rate of 1% on food prepared
for immediate consumption and transferred incident to a sale of
service subject to this Act or the Service Occupation Tax Act
by an entity licensed under the Hospital Licensing Act, the
Nursing Home Care Act, the ID/DD Community Care Act, the MC/DD
Act, the Specialized Mental Health Rehabilitation Act of 2013,
or the Child Care Act of 1969. The tax shall also be imposed at
the rate of 1% on food for human consumption that is to be
consumed off the premises where it is sold (other than
alcoholic beverages, soft drinks, and food that has been
prepared for immediate consumption and is not otherwise
included in this paragraph) and prescription and
nonprescription medicines, drugs, medical appliances, products
classified as Class III medical devices by the United States
Food and Drug Administration that are used for cancer treatment
pursuant to a prescription, as well as any accessories and
components related to those devices, modifications to a motor
vehicle for the purpose of rendering it usable by a person with
a disability, and insulin, urine testing materials, syringes,
and needles used by diabetics, for human use. For the purposes
of this Section, until September 1, 2009: the term "soft
drinks" means any complete, finished, ready-to-use,
non-alcoholic drink, whether carbonated or not, including but
not limited to soda water, cola, fruit juice, vegetable juice,
carbonated water, and all other preparations commonly known as
soft drinks of whatever kind or description that are contained
in any closed or sealed can, carton, or container, regardless
of size; but "soft drinks" does not include coffee, tea,
non-carbonated water, infant formula, milk or milk products as
defined in the Grade A Pasteurized Milk and Milk Products Act,
or drinks containing 50% or more natural fruit or vegetable
juice.
    Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "soft drinks" means non-alcoholic
beverages that contain natural or artificial sweeteners. "Soft
drinks" do not include beverages that contain milk or milk
products, soy, rice or similar milk substitutes, or greater
than 50% of vegetable or fruit juice by volume.
    Until August 1, 2009, and notwithstanding any other
provisions of this Act, "food for human consumption that is to
be consumed off the premises where it is sold" includes all
food sold through a vending machine, except soft drinks and
food products that are dispensed hot from a vending machine,
regardless of the location of the vending machine. Beginning
August 1, 2009, and notwithstanding any other provisions of
this Act, "food for human consumption that is to be consumed
off the premises where it is sold" includes all food sold
through a vending machine, except soft drinks, candy, and food
products that are dispensed hot from a vending machine,
regardless of the location of the vending machine.
    Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "food for human consumption that
is to be consumed off the premises where it is sold" does not
include candy. For purposes of this Section, "candy" means a
preparation of sugar, honey, or other natural or artificial
sweeteners in combination with chocolate, fruits, nuts or other
ingredients or flavorings in the form of bars, drops, or
pieces. "Candy" does not include any preparation that contains
flour or requires refrigeration.
    Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "nonprescription medicines and
drugs" does not include grooming and hygiene products. For
purposes of this Section, "grooming and hygiene products"
includes, but is not limited to, soaps and cleaning solutions,
shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
lotions and screens, unless those products are available by
prescription only, regardless of whether the products meet the
definition of "over-the-counter-drugs". For the purposes of
this paragraph, "over-the-counter-drug" means a drug for human
use that contains a label that identifies the product as a drug
as required by 21 C.F.R. 201.66. The "over-the-counter-drug"
label includes:
        (A) A "Drug Facts" panel; or
        (B) A statement of the "active ingredient(s)" with a
    list of those ingredients contained in the compound,
    substance or preparation.
    Beginning on January 1, 2014 (the effective date of Public
Act 98-122), "prescription and nonprescription medicines and
drugs" includes medical cannabis purchased from a registered
dispensing organization under the Compassionate Use of Medical
Cannabis Pilot Program Act.
(Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15;
99-642, eff. 7-28-16; 99-858, eff. 8-19-16; 100-22, eff.
7-6-17.)
 
    Section 30. The Retailers' Occupation Tax Act is amended by
changing Section 2-10 as follows:
 
    (35 ILCS 120/2-10)
    Sec. 2-10. Rate of tax. Unless otherwise provided in this
Section, the tax imposed by this Act is at the rate of 6.25% of
gross receipts from sales of tangible personal property made in
the course of business.
    Beginning on July 1, 2000 and through December 31, 2000,
with respect to motor fuel, as defined in Section 1.1 of the
Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
the Use Tax Act, the tax is imposed at the rate of 1.25%.
    Beginning on August 6, 2010 through August 15, 2010, with
respect to sales tax holiday items as defined in Section 2-8 of
this Act, the tax is imposed at the rate of 1.25%.
    Within 14 days after the effective date of this amendatory
Act of the 91st General Assembly, each retailer of motor fuel
and gasohol shall cause the following notice to be posted in a
prominently visible place on each retail dispensing device that
is used to dispense motor fuel or gasohol in the State of
Illinois: "As of July 1, 2000, the State of Illinois has
eliminated the State's share of sales tax on motor fuel and
gasohol through December 31, 2000. The price on this pump
should reflect the elimination of the tax." The notice shall be
printed in bold print on a sign that is no smaller than 4
inches by 8 inches. The sign shall be clearly visible to
customers. Any retailer who fails to post or maintain a
required sign through December 31, 2000 is guilty of a petty
offense for which the fine shall be $500 per day per each
retail premises where a violation occurs.
    With respect to gasohol, as defined in the Use Tax Act, the
tax imposed by this Act applies to (i) 70% of the proceeds of
sales made on or after January 1, 1990, and before July 1,
2003, (ii) 80% of the proceeds of sales made on or after July
1, 2003 and on or before July 1, 2017, and (iii) 100% of the
proceeds of sales made thereafter. If, at any time, however,
the tax under this Act on sales of gasohol, as defined in the
Use Tax Act, is imposed at the rate of 1.25%, then the tax
imposed by this Act applies to 100% of the proceeds of sales of
gasohol made during that time.
    With respect to majority blended ethanol fuel, as defined
in the Use Tax Act, the tax imposed by this Act does not apply
to the proceeds of sales made on or after July 1, 2003 and on or
before December 31, 2023 but applies to 100% of the proceeds of
sales made thereafter.
    With respect to biodiesel blends, as defined in the Use Tax
Act, with no less than 1% and no more than 10% biodiesel, the
tax imposed by this Act applies to (i) 80% of the proceeds of
sales made on or after July 1, 2003 and on or before December
31, 2018 and (ii) 100% of the proceeds of sales made
thereafter. If, at any time, however, the tax under this Act on
sales of biodiesel blends, as defined in the Use Tax Act, with
no less than 1% and no more than 10% biodiesel is imposed at
the rate of 1.25%, then the tax imposed by this Act applies to
100% of the proceeds of sales of biodiesel blends with no less
than 1% and no more than 10% biodiesel made during that time.
    With respect to 100% biodiesel, as defined in the Use Tax
Act, and biodiesel blends, as defined in the Use Tax Act, with
more than 10% but no more than 99% biodiesel, the tax imposed
by this Act does not apply to the proceeds of sales made on or
after July 1, 2003 and on or before December 31, 2023 but
applies to 100% of the proceeds of sales made thereafter.
    With respect to food for human consumption that is to be
consumed off the premises where it is sold (other than
alcoholic beverages, soft drinks, and food that has been
prepared for immediate consumption) and prescription and
nonprescription medicines, drugs, medical appliances, products
classified as Class III medical devices by the United States
Food and Drug Administration that are used for cancer treatment
pursuant to a prescription, as well as any accessories and
components related to those devices, modifications to a motor
vehicle for the purpose of rendering it usable by a person with
a disability, and insulin, urine testing materials, syringes,
and needles used by diabetics, for human use, the tax is
imposed at the rate of 1%. For the purposes of this Section,
until September 1, 2009: the term "soft drinks" means any
complete, finished, ready-to-use, non-alcoholic drink, whether
carbonated or not, including but not limited to soda water,
cola, fruit juice, vegetable juice, carbonated water, and all
other preparations commonly known as soft drinks of whatever
kind or description that are contained in any closed or sealed
bottle, can, carton, or container, regardless of size; but
"soft drinks" does not include coffee, tea, non-carbonated
water, infant formula, milk or milk products as defined in the
Grade A Pasteurized Milk and Milk Products Act, or drinks
containing 50% or more natural fruit or vegetable juice.
    Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "soft drinks" means non-alcoholic
beverages that contain natural or artificial sweeteners. "Soft
drinks" do not include beverages that contain milk or milk
products, soy, rice or similar milk substitutes, or greater
than 50% of vegetable or fruit juice by volume.
    Until August 1, 2009, and notwithstanding any other
provisions of this Act, "food for human consumption that is to
be consumed off the premises where it is sold" includes all
food sold through a vending machine, except soft drinks and
food products that are dispensed hot from a vending machine,
regardless of the location of the vending machine. Beginning
August 1, 2009, and notwithstanding any other provisions of
this Act, "food for human consumption that is to be consumed
off the premises where it is sold" includes all food sold
through a vending machine, except soft drinks, candy, and food
products that are dispensed hot from a vending machine,
regardless of the location of the vending machine.
    Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "food for human consumption that
is to be consumed off the premises where it is sold" does not
include candy. For purposes of this Section, "candy" means a
preparation of sugar, honey, or other natural or artificial
sweeteners in combination with chocolate, fruits, nuts or other
ingredients or flavorings in the form of bars, drops, or
pieces. "Candy" does not include any preparation that contains
flour or requires refrigeration.
    Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "nonprescription medicines and
drugs" does not include grooming and hygiene products. For
purposes of this Section, "grooming and hygiene products"
includes, but is not limited to, soaps and cleaning solutions,
shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
lotions and screens, unless those products are available by
prescription only, regardless of whether the products meet the
definition of "over-the-counter-drugs". For the purposes of
this paragraph, "over-the-counter-drug" means a drug for human
use that contains a label that identifies the product as a drug
as required by 21 C.F.R. 201.66. The "over-the-counter-drug"
label includes:
        (A) A "Drug Facts" panel; or
        (B) A statement of the "active ingredient(s)" with a
    list of those ingredients contained in the compound,
    substance or preparation.
    Beginning on the effective date of this amendatory Act of
the 98th General Assembly, "prescription and nonprescription
medicines and drugs" includes medical cannabis purchased from a
registered dispensing organization under the Compassionate Use
of Medical Cannabis Pilot Program Act.
(Source: P.A. 99-143, eff. 7-27-15; 99-858, eff. 8-19-16;
100-22, eff. 7-6-17.)
 
    Section 33. If and only if House Bill 1438 of the 101st
General Assembly becomes law, then the Counties Code is amended
by changing Section 5-1006.8 as follows:
 
    (55 ILCS 5/5-1006.8)
    Sec. 5-1006.8. County Cannabis Retailers' Occupation Tax
Law.
    (a) This Section may be referred to as the County Cannabis
Retailers' Occupation Tax Law. On and after January 1, 2020,
the corporate authorities of any county may, by ordinance,
impose a tax upon all persons engaged in the business of
selling cannabis, other than cannabis purchased under the
Compassionate Use of Medical Cannabis Pilot Program Act, at
retail in the county on the gross receipts from these sales
made in the course of that business. If imposed, the tax shall
be imposed only in 0.25% increments. The tax rate may not
exceed: (i) 3.75% of the gross receipts of sales made in
unincorporated areas of the county; and (ii) 3% 0.75% of the
gross receipts of sales made in a municipality located in the
county a non-home rule county; and (iii) 3% of gross sales
receipts made in a municipality located in a home rule county.
The tax imposed under this Section and all civil penalties that
may be assessed as an incident of the tax shall be collected
and enforced by the Department of Revenue. The Department of
Revenue shall have full power to administer and enforce this
Section; to collect all taxes and penalties due hereunder; to
dispose of taxes and penalties so collected in the manner
hereinafter provided; and to determine all rights to credit
memoranda arising on account of the erroneous payment of tax or
penalty under this Section. In the administration of and
compliance with this Section, the Department of Revenue and
persons who are subject to this Section shall have the same
rights, remedies, privileges, immunities, powers and duties,
and be subject to the same conditions, restrictions,
limitations, penalties, and definitions of terms, and employ
the same modes of procedure, as are described in Sections 1,
1a, 1d, 1e, 1f, 1i, 1j, 1k, 1m, 1n, 2 through 2-65 (in respect
to all provisions therein other than the State rate of tax),
2c, 3 (except as to the disposition of taxes and penalties
collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k,
5l, 6, 6a, 6bb, 6c, 6d, 8, 8, 9, 10, 11, 12, and 13 of the
Retailers' Occupation Tax Act and Section 3-7 of the Uniform
Penalty and Interest Act as fully as if those provisions were
set forth in this Section.
    (b) Persons subject to any tax imposed under the authority
granted in this Section may reimburse themselves for their
seller's tax liability hereunder by separately stating that tax
as an additional charge, which charge may be stated in
combination, in a single amount, with any State tax that
sellers are required to collect.
    (c) Whenever the Department of Revenue determines that a
refund should be made under this Section to a claimant instead
of issuing a credit memorandum, the Department of Revenue shall
notify the State Comptroller, who shall cause the order to be
drawn for the amount specified and to the person named in the
notification from the Department of Revenue.
    (d) The Department of Revenue shall immediately pay over to
the State Treasurer, ex officio, as trustee, all taxes and
penalties collected hereunder for deposit into the Local
Cannabis Consumer Excise Tax Trust Fund.
    (e) On or before the 25th day of each calendar month, the
Department of Revenue shall prepare and certify to the
Comptroller the amount of money to be disbursed from the Local
Cannabis Consumer Excise Tax Trust Fund to counties from which
retailers have paid taxes or penalties under this Section
during the second preceding calendar month. The amount to be
paid to each county shall be the amount (not including credit
memoranda) collected under this Section from sales made in the
county during the second preceding calendar month, plus an
amount the Department of Revenue determines is necessary to
offset any amounts that were erroneously paid to a different
taxing body, and not including an amount equal to the amount of
refunds made during the second preceding calendar month by the
Department on behalf of such county, and not including any
amount that the Department determines is necessary to offset
any amounts that were payable to a different taxing body but
were erroneously paid to the county, less 1.5% of the
remainder, which the Department shall transfer into the Tax
Compliance and Administration Fund. The Department, at the time
of each monthly disbursement to the counties, shall prepare and
certify the State Comptroller the amount to be transferred into
the Tax Compliance and Administration Fund under this Section.
Within 10 days after receipt by the Comptroller of the
disbursement certification to the counties and the Tax
Compliance and Administration Fund provided for in this Section
to be given to the Comptroller by the Department, the
Comptroller shall cause the orders to be drawn for the
respective amounts in accordance with the directions contained
in the certification.
    (f) An ordinance or resolution imposing or discontinuing a
tax under this Section or effecting a change in the rate
thereof shall be adopted and a certified copy thereof filed
with the Department on or before the first day of June,
whereupon the Department shall proceed to administer and
enforce this Section as of the first day of September next
following the adoption and filing.
(Source: 10100HB1438sam002.)
 
    Section 35. The School Code is amended by changing Section
22-33 as follows:
 
    (105 ILCS 5/22-33)
    Sec. 22-33. Medical cannabis.
    (a) This Section may be referred to as Ashley's Law.
    (a-5) In this Section, "designated caregiver", "medical
cannabis infused product", "qualifying patient", and
"registered" have the meanings given to those terms under
Section 10 of the Compassionate Use of Medical Cannabis Pilot
Program Act.
    (b) Subject to the restrictions under subsections (c)
through (g) of this Section, a school district, public school,
charter school, or nonpublic school shall authorize a parent or
guardian or any other individual registered with the Department
of Public Health as a designated caregiver of a student who is
a registered qualifying patient to administer a medical
cannabis infused product to the student on the premises of the
child's school or on the child's school bus if both the student
(as a registered qualifying patient) and the parent or guardian
or other individual (as a registered designated caregiver) have
been issued registry identification cards under the
Compassionate Use of Medical Cannabis Pilot Program Act. After
administering the product, the parent or guardian or other
individual shall remove the product from the school premises or
the school bus.
    (c) A parent or guardian or other individual may not
administer a medical cannabis infused product under this
Section in a manner that, in the opinion of the school district
or school, would create a disruption to the school's
educational environment or would cause exposure of the product
to other students.
    (d) A school district or school may not discipline a
student who is administered a medical cannabis infused product
by a parent or guardian or other individual under this Section
and may not deny the student's eligibility to attend school
solely because the student requires the administration of the
product.
    (e) Nothing in this Section requires a member of a school's
staff to administer a medical cannabis infused product to a
student.
    (f) A school district, public school, charter school, or
nonpublic school may not authorize the use of a medical
cannabis infused product under this Section if the school
district or school would lose federal funding as a result of
the authorization.
    (g) A school district, public school, charter school, or
nonpublic school shall adopt a policy to implement this
Section.
(Source: P.A. 100-660, eff. 8-1-18.)
 
    Section 40. The Medical Practice Act of 1987 is amended by
changing Section 22 as follows:
 
    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
    (Section scheduled to be repealed on December 31, 2019)
    Sec. 22. Disciplinary action.
    (A) The Department may revoke, suspend, place on probation,
reprimand, refuse to issue or renew, or take any other
disciplinary or non-disciplinary action as the Department may
deem proper with regard to the license or permit of any person
issued under this Act, including imposing fines not to exceed
$10,000 for each violation, upon any of the following grounds:
        (1) Performance of an elective abortion in any place,
    locale, facility, or institution other than:
            (a) a facility licensed pursuant to the Ambulatory
        Surgical Treatment Center Act;
            (b) an institution licensed under the Hospital
        Licensing Act;
            (c) an ambulatory surgical treatment center or
        hospitalization or care facility maintained by the
        State or any agency thereof, where such department or
        agency has authority under law to establish and enforce
        standards for the ambulatory surgical treatment
        centers, hospitalization, or care facilities under its
        management and control;
            (d) ambulatory surgical treatment centers,
        hospitalization or care facilities maintained by the
        Federal Government; or
            (e) ambulatory surgical treatment centers,
        hospitalization or care facilities maintained by any
        university or college established under the laws of
        this State and supported principally by public funds
        raised by taxation.
        (2) Performance of an abortion procedure in a willful
    and wanton manner on a woman who was not pregnant at the
    time the abortion procedure was performed.
        (3) A plea of guilty or nolo contendere, finding of
    guilt, jury verdict, or entry of judgment or sentencing,
    including, but not limited to, convictions, preceding
    sentences of supervision, conditional discharge, or first
    offender probation, under the laws of any jurisdiction of
    the United States of any crime that is a felony.
        (4) Gross negligence in practice under this Act.
        (5) Engaging in dishonorable, unethical or
    unprofessional conduct of a character likely to deceive,
    defraud or harm the public.
        (6) Obtaining any fee by fraud, deceit, or
    misrepresentation.
        (7) Habitual or excessive use or abuse of drugs defined
    in law as controlled substances, of alcohol, or of any
    other substances which results in the inability to practice
    with reasonable judgment, skill or safety.
        (8) Practicing under a false or, except as provided by
    law, an assumed name.
        (9) Fraud or misrepresentation in applying for, or
    procuring, a license under this Act or in connection with
    applying for renewal of a license under this Act.
        (10) Making a false or misleading statement regarding
    their skill or the efficacy or value of the medicine,
    treatment, or remedy prescribed by them at their direction
    in the treatment of any disease or other condition of the
    body or mind.
        (11) Allowing another person or organization to use
    their license, procured under this Act, to practice.
        (12) Adverse action taken by another state or
    jurisdiction against a license or other authorization to
    practice as a medical doctor, doctor of osteopathy, doctor
    of osteopathic medicine or doctor of chiropractic, a
    certified copy of the record of the action taken by the
    other state or jurisdiction being prima facie evidence
    thereof. This includes any adverse action taken by a State
    or federal agency that prohibits a medical doctor, doctor
    of osteopathy, doctor of osteopathic medicine, or doctor of
    chiropractic from providing services to the agency's
    participants.
        (13) Violation of any provision of this Act or of the
    Medical Practice Act prior to the repeal of that Act, or
    violation of the rules, or a final administrative action of
    the Secretary, after consideration of the recommendation
    of the Disciplinary Board.
        (14) Violation of the prohibition against fee
    splitting in Section 22.2 of this Act.
        (15) A finding by the Disciplinary Board that the
    registrant after having his or her license placed on
    probationary status or subjected to conditions or
    restrictions violated the terms of the probation or failed
    to comply with such terms or conditions.
        (16) Abandonment of a patient.
        (17) Prescribing, selling, administering,
    distributing, giving or self-administering any drug
    classified as a controlled substance (designated product)
    or narcotic for other than medically accepted therapeutic
    purposes.
        (18) Promotion of the sale of drugs, devices,
    appliances or goods provided for a patient in such manner
    as to exploit the patient for financial gain of the
    physician.
        (19) Offering, undertaking or agreeing to cure or treat
    disease by a secret method, procedure, treatment or
    medicine, or the treating, operating or prescribing for any
    human condition by a method, means or procedure which the
    licensee refuses to divulge upon demand of the Department.
        (20) Immoral conduct in the commission of any act
    including, but not limited to, commission of an act of
    sexual misconduct related to the licensee's practice.
        (21) Willfully making or filing false records or
    reports in his or her practice as a physician, including,
    but not limited to, false records to support claims against
    the medical assistance program of the Department of
    Healthcare and Family Services (formerly Department of
    Public Aid) under the Illinois Public Aid Code.
        (22) Willful omission to file or record, or willfully
    impeding the filing or recording, or inducing another
    person to omit to file or record, medical reports as
    required by law, or willfully failing to report an instance
    of suspected abuse or neglect as required by law.
        (23) Being named as a perpetrator in an indicated
    report by the Department of Children and Family Services
    under the Abused and Neglected Child Reporting Act, and
    upon proof by clear and convincing evidence that the
    licensee has caused a child to be an abused child or
    neglected child as defined in the Abused and Neglected
    Child Reporting Act.
        (24) Solicitation of professional patronage by any
    corporation, agents or persons, or profiting from those
    representing themselves to be agents of the licensee.
        (25) Gross and willful and continued overcharging for
    professional services, including filing false statements
    for collection of fees for which services are not rendered,
    including, but not limited to, filing such false statements
    for collection of monies for services not rendered from the
    medical assistance program of the Department of Healthcare
    and Family Services (formerly Department of Public Aid)
    under the Illinois Public Aid Code.
        (26) A pattern of practice or other behavior which
    demonstrates incapacity or incompetence to practice under
    this Act.
        (27) Mental illness or disability which results in the
    inability to practice under this Act with reasonable
    judgment, skill or safety.
        (28) Physical illness, including, but not limited to,
    deterioration through the aging process, or loss of motor
    skill which results in a physician's inability to practice
    under this Act with reasonable judgment, skill or safety.
        (29) Cheating on or attempt to subvert the licensing
    examinations administered under this Act.
        (30) Willfully or negligently violating the
    confidentiality between physician and patient except as
    required by law.
        (31) The use of any false, fraudulent, or deceptive
    statement in any document connected with practice under
    this Act.
        (32) Aiding and abetting an individual not licensed
    under this Act in the practice of a profession licensed
    under this Act.
        (33) Violating state or federal laws or regulations
    relating to controlled substances, legend drugs, or
    ephedra as defined in the Ephedra Prohibition Act.
        (34) Failure to report to the Department any adverse
    final action taken against them by another licensing
    jurisdiction (any other state or any territory of the
    United States or any foreign state or country), by any peer
    review body, by any health care institution, by any
    professional society or association related to practice
    under this Act, by any governmental agency, by any law
    enforcement agency, or by any court for acts or conduct
    similar to acts or conduct which would constitute grounds
    for action as defined in this Section.
        (35) Failure to report to the Department surrender of a
    license or authorization to practice as a medical doctor, a
    doctor of osteopathy, a doctor of osteopathic medicine, or
    doctor of chiropractic in another state or jurisdiction, or
    surrender of membership on any medical staff or in any
    medical or professional association or society, while
    under disciplinary investigation by any of those
    authorities or bodies, for acts or conduct similar to acts
    or conduct which would constitute grounds for action as
    defined in this Section.
        (36) Failure to report to the Department any adverse
    judgment, settlement, or award arising from a liability
    claim related to acts or conduct similar to acts or conduct
    which would constitute grounds for action as defined in
    this Section.
        (37) Failure to provide copies of medical records as
    required by law.
        (38) Failure to furnish the Department, its
    investigators or representatives, relevant information,
    legally requested by the Department after consultation
    with the Chief Medical Coordinator or the Deputy Medical
    Coordinator.
        (39) Violating the Health Care Worker Self-Referral
    Act.
        (40) Willful failure to provide notice when notice is
    required under the Parental Notice of Abortion Act of 1995.
        (41) Failure to establish and maintain records of
    patient care and treatment as required by this law.
        (42) Entering into an excessive number of written
    collaborative agreements with licensed advanced practice
    registered nurses resulting in an inability to adequately
    collaborate.
        (43) Repeated failure to adequately collaborate with a
    licensed advanced practice registered nurse.
        (44) Violating the Compassionate Use of Medical
    Cannabis Pilot Program Act.
        (45) Entering into an excessive number of written
    collaborative agreements with licensed prescribing
    psychologists resulting in an inability to adequately
    collaborate.
        (46) Repeated failure to adequately collaborate with a
    licensed prescribing psychologist.
        (47) Willfully failing to report an instance of
    suspected abuse, neglect, financial exploitation, or
    self-neglect of an eligible adult as defined in and
    required by the Adult Protective Services Act.
        (48) Being named as an abuser in a verified report by
    the Department on Aging under the Adult Protective Services
    Act, and upon proof by clear and convincing evidence that
    the licensee abused, neglected, or financially exploited
    an eligible adult as defined in the Adult Protective
    Services Act.
        (49) Entering into an excessive number of written
    collaborative agreements with licensed physician
    assistants resulting in an inability to adequately
    collaborate.
        (50) Repeated failure to adequately collaborate with a
    physician assistant.
    Except for actions involving the ground numbered (26), all
proceedings to suspend, revoke, place on probationary status,
or take any other disciplinary action as the Department may
deem proper, with regard to a license on any of the foregoing
grounds, must be commenced within 5 years next after receipt by
the Department of a complaint alleging the commission of or
notice of the conviction order for any of the acts described
herein. Except for the grounds numbered (8), (9), (26), and
(29), no action shall be commenced more than 10 years after the
date of the incident or act alleged to have violated this
Section. For actions involving the ground numbered (26), a
pattern of practice or other behavior includes all incidents
alleged to be part of the pattern of practice or other behavior
that occurred, or a report pursuant to Section 23 of this Act
received, within the 10-year period preceding the filing of the
complaint. In the event of the settlement of any claim or cause
of action in favor of the claimant or the reduction to final
judgment of any civil action in favor of the plaintiff, such
claim, cause of action or civil action being grounded on the
allegation that a person licensed under this Act was negligent
in providing care, the Department shall have an additional
period of 2 years from the date of notification to the
Department under Section 23 of this Act of such settlement or
final judgment in which to investigate and commence formal
disciplinary proceedings under Section 36 of this Act, except
as otherwise provided by law. The time during which the holder
of the license was outside the State of Illinois shall not be
included within any period of time limiting the commencement of
disciplinary action by the Department.
    The entry of an order or judgment by any circuit court
establishing that any person holding a license under this Act
is a person in need of mental treatment operates as a
suspension of that license. That person may resume their
practice only upon the entry of a Departmental order based upon
a finding by the Disciplinary Board that they have been
determined to be recovered from mental illness by the court and
upon the Disciplinary Board's recommendation that they be
permitted to resume their practice.
    The Department may refuse to issue or take disciplinary
action concerning the license of any person who fails to file a
return, or to pay the tax, penalty or interest shown in a filed
return, or to pay any final assessment of tax, penalty or
interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied as determined by
the Illinois Department of Revenue.
    The Department, upon the recommendation of the
Disciplinary Board, shall adopt rules which set forth standards
to be used in determining:
        (a) when a person will be deemed sufficiently
    rehabilitated to warrant the public trust;
        (b) what constitutes dishonorable, unethical or
    unprofessional conduct of a character likely to deceive,
    defraud, or harm the public;
        (c) what constitutes immoral conduct in the commission
    of any act, including, but not limited to, commission of an
    act of sexual misconduct related to the licensee's
    practice; and
        (d) what constitutes gross negligence in the practice
    of medicine.
    However, no such rule shall be admissible into evidence in
any civil action except for review of a licensing or other
disciplinary action under this Act.
    In enforcing this Section, the Disciplinary Board or the
Licensing Board, upon a showing of a possible violation, may
compel, in the case of the Disciplinary Board, any individual
who is licensed to practice under this Act or holds a permit to
practice under this Act, or, in the case of the Licensing
Board, any individual who has applied for licensure or a permit
pursuant to this Act, to submit to a mental or physical
examination and evaluation, or both, which may include a
substance abuse or sexual offender evaluation, as required by
the Licensing Board or Disciplinary Board and at the expense of
the Department. The Disciplinary Board or Licensing Board shall
specifically designate the examining physician licensed to
practice medicine in all of its branches or, if applicable, the
multidisciplinary team involved in providing the mental or
physical examination and evaluation, or both. The
multidisciplinary team shall be led by a physician licensed to
practice medicine in all of its branches and may consist of one
or more or a combination of physicians licensed to practice
medicine in all of its branches, licensed chiropractic
physicians, licensed clinical psychologists, licensed clinical
social workers, licensed clinical professional counselors, and
other professional and administrative staff. Any examining
physician or member of the multidisciplinary team may require
any person ordered to submit to an examination and evaluation
pursuant to this Section to submit to any additional
supplemental testing deemed necessary to complete any
examination or evaluation process, including, but not limited
to, blood testing, urinalysis, psychological testing, or
neuropsychological testing. The Disciplinary Board, the
Licensing Board, or the Department may order the examining
physician or any member of the multidisciplinary team to
provide to the Department, the Disciplinary Board, or the
Licensing Board any and all records, including business
records, that relate to the examination and evaluation,
including any supplemental testing performed. The Disciplinary
Board, the Licensing Board, or the Department may order the
examining physician or any member of the multidisciplinary team
to present testimony concerning this examination and
evaluation of the licensee, permit holder, or applicant,
including testimony concerning any supplemental testing or
documents relating to the examination and evaluation. No
information, report, record, or other documents in any way
related to the examination and evaluation shall be excluded by
reason of any common law or statutory privilege relating to
communication between the licensee, permit holder, or
applicant and the examining physician or any member of the
multidisciplinary team. No authorization is necessary from the
licensee, permit holder, or applicant ordered to undergo an
evaluation and examination for the examining physician or any
member of the multidisciplinary team to provide information,
reports, records, or other documents or to provide any
testimony regarding the examination and evaluation. The
individual to be examined may have, at his or her own expense,
another physician of his or her choice present during all
aspects of the examination. Failure of any individual to submit
to mental or physical examination and evaluation, or both, when
directed, shall result in an automatic suspension, without
hearing, until such time as the individual submits to the
examination. If the Disciplinary Board or Licensing Board finds
a physician unable to practice following an examination and
evaluation because of the reasons set forth in this Section,
the Disciplinary Board or Licensing Board shall require such
physician to submit to care, counseling, or treatment by
physicians, or other health care professionals, approved or
designated by the Disciplinary Board, as a condition for
issued, continued, reinstated, or renewed licensure to
practice. Any physician, whose license was granted pursuant to
Sections 9, 17, or 19 of this Act, or, continued, reinstated,
renewed, disciplined or supervised, subject to such terms,
conditions or restrictions who shall fail to comply with such
terms, conditions or restrictions, or to complete a required
program of care, counseling, or treatment, as determined by the
Chief Medical Coordinator or Deputy Medical Coordinators,
shall be referred to the Secretary for a determination as to
whether the licensee shall have their license suspended
immediately, pending a hearing by the Disciplinary Board. In
instances in which the Secretary immediately suspends a license
under this Section, a hearing upon such person's license must
be convened by the Disciplinary Board within 15 days after such
suspension and completed without appreciable delay. The
Disciplinary Board shall have the authority to review the
subject physician's record of treatment and counseling
regarding the impairment, to the extent permitted by applicable
federal statutes and regulations safeguarding the
confidentiality of medical records.
    An individual licensed under this Act, affected under this
Section, shall be afforded an opportunity to demonstrate to the
Disciplinary Board that they can resume practice in compliance
with acceptable and prevailing standards under the provisions
of their license.
    The Department may promulgate rules for the imposition of
fines in disciplinary cases, not to exceed $10,000 for each
violation of this Act. Fines may be imposed in conjunction with
other forms of disciplinary action, but shall not be the
exclusive disposition of any disciplinary action arising out of
conduct resulting in death or injury to a patient. Any funds
collected from such fines shall be deposited in the Illinois
State Medical Disciplinary Fund.
    All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the fine
or in accordance with the terms set forth in the order imposing
the fine.
    (B) The Department shall revoke the license or permit
issued under this Act to practice medicine or a chiropractic
physician who has been convicted a second time of committing
any felony under the Illinois Controlled Substances Act or the
Methamphetamine Control and Community Protection Act, or who
has been convicted a second time of committing a Class 1 felony
under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
person whose license or permit is revoked under this subsection
B shall be prohibited from practicing medicine or treating
human ailments without the use of drugs and without operative
surgery.
    (C) The Department shall not revoke, suspend, place on
probation, reprimand, refuse to issue or renew, or take any
other disciplinary or non-disciplinary action against the
license or permit issued under this Act to practice medicine to
a physician:
        (1) based solely upon the recommendation of the
    physician to an eligible patient regarding, or
    prescription for, or treatment with, an investigational
    drug, biological product, or device; or
        (2) for experimental treatment for Lyme disease or
    other tick-borne diseases, including, but not limited to,
    the prescription of or treatment with long-term
    antibiotics.
    (D) The Disciplinary Board shall recommend to the
Department civil penalties and any other appropriate
discipline in disciplinary cases when the Board finds that a
physician willfully performed an abortion with actual
knowledge that the person upon whom the abortion has been
performed is a minor or an incompetent person without notice as
required under the Parental Notice of Abortion Act of 1995.
Upon the Board's recommendation, the Department shall impose,
for the first violation, a civil penalty of $1,000 and for a
second or subsequent violation, a civil penalty of $5,000.
(Source: P.A. 99-270, eff. 1-1-16; 99-933, eff. 1-27-17;
100-429, eff. 8-25-17; 100-513, eff. 1-1-18; 100-605, eff.
1-1-19; 100-863, eff. 8-14-18; 100-1137, eff. 1-1-19; revised
12-19-18.)
 
    Section 45. The Nurse Practice Act is amended by changing
Section 70-5 as follows:
 
    (225 ILCS 65/70-5)   (was 225 ILCS 65/10-45)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 70-5. Grounds for disciplinary action.
    (a) The Department may refuse to issue or to renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action as the Department may
deem appropriate, including fines not to exceed $10,000 per
violation, with regard to a license for any one or combination
of the causes set forth in subsection (b) below. All fines
collected under this Section shall be deposited in the Nursing
Dedicated and Professional Fund.
    (b) Grounds for disciplinary action include the following:
        (1) Material deception in furnishing information to
    the Department.
        (2) Material violations of any provision of this Act or
    violation of the rules of or final administrative action of
    the Secretary, after consideration of the recommendation
    of the Board.
        (3) Conviction by plea of guilty or nolo contendere,
    finding of guilt, jury verdict, or entry of judgment or by
    sentencing of any crime, including, but not limited to,
    convictions, preceding sentences of supervision,
    conditional discharge, or first offender probation, under
    the laws of any jurisdiction of the United States: (i) that
    is a felony; or (ii) that is a misdemeanor, an essential
    element of which is dishonesty, or that is directly related
    to the practice of the profession.
        (4) A pattern of practice or other behavior which
    demonstrates incapacity or incompetency to practice under
    this Act.
        (5) Knowingly aiding or assisting another person in
    violating any provision of this Act or rules.
        (6) Failing, within 90 days, to provide a response to a
    request for information in response to a written request
    made by the Department by certified or registered mail or
    by email to the email address of record.
        (7) Engaging in dishonorable, unethical or
    unprofessional conduct of a character likely to deceive,
    defraud or harm the public, as defined by rule.
        (8) Unlawful taking, theft, selling, distributing, or
    manufacturing of any drug, narcotic, or prescription
    device.
        (9) Habitual or excessive use or addiction to alcohol,
    narcotics, stimulants, or any other chemical agent or drug
    that could result in a licensee's inability to practice
    with reasonable judgment, skill or safety.
        (10) Discipline by another U.S. jurisdiction or
    foreign nation, if at least one of the grounds for the
    discipline is the same or substantially equivalent to those
    set forth in this Section.
        (11) A finding that the licensee, after having her or
    his license placed on probationary status or subject to
    conditions or restrictions, has violated the terms of
    probation or failed to comply with such terms or
    conditions.
        (12) Being named as a perpetrator in an indicated
    report by the Department of Children and Family Services
    and under the Abused and Neglected Child Reporting Act, and
    upon proof by clear and convincing evidence that the
    licensee has caused a child to be an abused child or
    neglected child as defined in the Abused and Neglected
    Child Reporting Act.
        (13) Willful omission to file or record, or willfully
    impeding the filing or recording or inducing another person
    to omit to file or record medical reports as required by
    law.
        (13.5) Willfully failing to report an instance of
    suspected child abuse or neglect as required by the Abused
    and Neglected Child Reporting Act.
        (14) Gross negligence in the practice of practical,
    professional, or advanced practice registered nursing.
        (15) Holding oneself out to be practicing nursing under
    any name other than one's own.
        (16) Failure of a licensee to report to the Department
    any adverse final action taken against him or her by
    another licensing jurisdiction of the United States or any
    foreign state or country, any peer review body, any health
    care institution, any professional or nursing society or
    association, any governmental agency, any law enforcement
    agency, or any court or a nursing liability claim related
    to acts or conduct similar to acts or conduct that would
    constitute grounds for action as defined in this Section.
        (17) Failure of a licensee to report to the Department
    surrender by the licensee of a license or authorization to
    practice nursing or advanced practice registered nursing
    in another state or jurisdiction or current surrender by
    the licensee of membership on any nursing staff or in any
    nursing or advanced practice registered nursing or
    professional association or society while under
    disciplinary investigation by any of those authorities or
    bodies for acts or conduct similar to acts or conduct that
    would constitute grounds for action as defined by this
    Section.
        (18) Failing, within 60 days, to provide information in
    response to a written request made by the Department.
        (19) Failure to establish and maintain records of
    patient care and treatment as required by law.
        (20) Fraud, deceit or misrepresentation in applying
    for or procuring a license under this Act or in connection
    with applying for renewal of a license under this Act.
        (21) Allowing another person or organization to use the
    licensees' license to deceive the public.
        (22) Willfully making or filing false records or
    reports in the licensee's practice, including but not
    limited to false records to support claims against the
    medical assistance program of the Department of Healthcare
    and Family Services (formerly Department of Public Aid)
    under the Illinois Public Aid Code.
        (23) Attempting to subvert or cheat on a licensing
    examination administered under this Act.
        (24) Immoral conduct in the commission of an act,
    including, but not limited to, sexual abuse, sexual
    misconduct, or sexual exploitation, related to the
    licensee's practice.
        (25) Willfully or negligently violating the
    confidentiality between nurse and patient except as
    required by law.
        (26) Practicing under a false or assumed name, except
    as provided by law.
        (27) The use of any false, fraudulent, or deceptive
    statement in any document connected with the licensee's
    practice.
        (28) Directly or indirectly giving to or receiving from
    a person, firm, corporation, partnership, or association a
    fee, commission, rebate, or other form of compensation for
    professional services not actually or personally rendered.
    Nothing in this paragraph (28) affects any bona fide
    independent contractor or employment arrangements among
    health care professionals, health facilities, health care
    providers, or other entities, except as otherwise
    prohibited by law. Any employment arrangements may include
    provisions for compensation, health insurance, pension, or
    other employment benefits for the provision of services
    within the scope of the licensee's practice under this Act.
    Nothing in this paragraph (28) shall be construed to
    require an employment arrangement to receive professional
    fees for services rendered.
        (29) A violation of the Health Care Worker
    Self-Referral Act.
        (30) Physical illness, mental illness, or disability
    that results in the inability to practice the profession
    with reasonable judgment, skill, or safety.
        (31) Exceeding the terms of a collaborative agreement
    or the prescriptive authority delegated to a licensee by
    his or her collaborating physician or podiatric physician
    in guidelines established under a written collaborative
    agreement.
        (32) Making a false or misleading statement regarding a
    licensee's skill or the efficacy or value of the medicine,
    treatment, or remedy prescribed by him or her in the course
    of treatment.
        (33) Prescribing, selling, administering,
    distributing, giving, or self-administering a drug
    classified as a controlled substance (designated product)
    or narcotic for other than medically accepted therapeutic
    purposes.
        (34) Promotion of the sale of drugs, devices,
    appliances, or goods provided for a patient in a manner to
    exploit the patient for financial gain.
        (35) Violating State or federal laws, rules, or
    regulations relating to controlled substances.
        (36) Willfully or negligently violating the
    confidentiality between an advanced practice registered
    nurse, collaborating physician, dentist, or podiatric
    physician and a patient, except as required by law.
        (37) Willfully failing to report an instance of
    suspected abuse, neglect, financial exploitation, or
    self-neglect of an eligible adult as defined in and
    required by the Adult Protective Services Act.
        (38) Being named as an abuser in a verified report by
    the Department on Aging and under the Adult Protective
    Services Act, and upon proof by clear and convincing
    evidence that the licensee abused, neglected, or
    financially exploited an eligible adult as defined in the
    Adult Protective Services Act.
        (39) A violation of any provision of this Act or any
    rules adopted under this Act.
        (40) Violating the Compassionate Use of Medical
    Cannabis Program Act.
    (c) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code, as amended, operates as an automatic suspension. The
suspension will end only upon a finding by a court that the
patient is no longer subject to involuntary admission or
judicial admission and issues an order so finding and
discharging the patient; and upon the recommendation of the
Board to the Secretary that the licensee be allowed to resume
his or her practice.
    (d) The Department may refuse to issue or may suspend or
otherwise discipline the license of any person who fails to
file a return, or to pay the tax, penalty or interest shown in
a filed return, or to pay any final assessment of the tax,
penalty, or interest as required by any tax Act administered by
the Department of Revenue, until such time as the requirements
of any such tax Act are satisfied.
    (e) In enforcing this Act, the Department, upon a showing
of a possible violation, may compel an individual licensed to
practice under this Act or who has applied for licensure under
this Act, to submit to a mental or physical examination, or
both, as required by and at the expense of the Department. The
Department may order the examining physician to present
testimony concerning the mental or physical examination of the
licensee or applicant. No information shall be excluded by
reason of any common law or statutory privilege relating to
communications between the licensee or applicant and the
examining physician. The examining physicians shall be
specifically designated by the Department. The individual to be
examined may have, at his or her own expense, another physician
of his or her choice present during all aspects of this
examination. Failure of an individual to submit to a mental or
physical examination, when directed, shall result in an
automatic suspension without hearing.
    All substance-related violations shall mandate an
automatic substance abuse assessment. Failure to submit to an
assessment by a licensed physician who is certified as an
addictionist or an advanced practice registered nurse with
specialty certification in addictions may be grounds for an
automatic suspension, as defined by rule.
    If the Department finds an individual unable to practice or
unfit for duty because of the reasons set forth in this
subsection (e), the Department may require that individual to
submit to a substance abuse evaluation or treatment by
individuals or programs approved or designated by the
Department, as a condition, term, or restriction for continued,
restored, or renewed licensure to practice; or, in lieu of
evaluation or treatment, the Department may file, or the Board
may recommend to the Department to file, a complaint to
immediately suspend, revoke, or otherwise discipline the
license of the individual. An individual whose license was
granted, continued, restored, renewed, disciplined or
supervised subject to such terms, conditions, or restrictions,
and who fails to comply with such terms, conditions, or
restrictions, shall be referred to the Secretary for a
determination as to whether the individual shall have his or
her license suspended immediately, pending a hearing by the
Department.
    In instances in which the Secretary immediately suspends a
person's license under this subsection (e), a hearing on that
person's license must be convened by the Department within 15
days after the suspension and completed without appreciable
delay. The Department and Board shall have the authority to
review the subject individual's record of treatment and
counseling regarding the impairment to the extent permitted by
applicable federal statutes and regulations safeguarding the
confidentiality of medical records.
    An individual licensed under this Act and affected under
this subsection (e) shall be afforded an opportunity to
demonstrate to the Department that he or she can resume
practice in compliance with nursing standards under the
provisions of his or her license.
(Source: P.A. 100-513, eff. 1-1-18.)
 
    Section 50. The Physician Assistant Practice Act of 1987 is
amended by changing Section 21 as follows:
 
    (225 ILCS 95/21)  (from Ch. 111, par. 4621)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 21. Grounds for disciplinary action.
    (a) The Department may refuse to issue or to renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action with regard to any
license issued under this Act as the Department may deem
proper, including the issuance of fines not to exceed $10,000
for each violation, for any one or combination of the following
causes:
        (1) Material misstatement in furnishing information to
    the Department.
        (2) Violations of this Act, or the rules adopted under
    this Act.
        (3) Conviction by plea of guilty or nolo contendere,
    finding of guilt, jury verdict, or entry of judgment or
    sentencing, including, but not limited to, convictions,
    preceding sentences of supervision, conditional discharge,
    or first offender probation, under the laws of any
    jurisdiction of the United States that is: (i) a felony; or
    (ii) a misdemeanor, an essential element of which is
    dishonesty, or that is directly related to the practice of
    the profession.
        (4) Making any misrepresentation for the purpose of
    obtaining licenses.
        (5) Professional incompetence.
        (6) Aiding or assisting another person in violating any
    provision of this Act or its rules.
        (7) Failing, within 60 days, to provide information in
    response to a written request made by the Department.
        (8) Engaging in dishonorable, unethical, or
    unprofessional conduct, as defined by rule, of a character
    likely to deceive, defraud, or harm the public.
        (9) Habitual or excessive use or addiction to alcohol,
    narcotics, stimulants, or any other chemical agent or drug
    that results in a physician assistant's inability to
    practice with reasonable judgment, skill, or safety.
        (10) Discipline by another U.S. jurisdiction or
    foreign nation, if at least one of the grounds for
    discipline is the same or substantially equivalent to those
    set forth in this Section.
        (11) Directly or indirectly giving to or receiving from
    any person, firm, corporation, partnership, or association
    any fee, commission, rebate or other form of compensation
    for any professional services not actually or personally
    rendered. Nothing in this paragraph (11) affects any bona
    fide independent contractor or employment arrangements,
    which may include provisions for compensation, health
    insurance, pension, or other employment benefits, with
    persons or entities authorized under this Act for the
    provision of services within the scope of the licensee's
    practice under this Act.
        (12) A finding by the Disciplinary Board that the
    licensee, after having his or her license placed on
    probationary status has violated the terms of probation.
        (13) Abandonment of a patient.
        (14) Willfully making or filing false records or
    reports in his or her practice, including but not limited
    to false records filed with state agencies or departments.
        (15) Willfully failing to report an instance of
    suspected child abuse or neglect as required by the Abused
    and Neglected Child Reporting Act.
        (16) Physical illness, or mental illness or impairment
    that results in the inability to practice the profession
    with reasonable judgment, skill, or safety, including, but
    not limited to, deterioration through the aging process or
    loss of motor skill.
        (17) Being named as a perpetrator in an indicated
    report by the Department of Children and Family Services
    under the Abused and Neglected Child Reporting Act, and
    upon proof by clear and convincing evidence that the
    licensee has caused a child to be an abused child or
    neglected child as defined in the Abused and Neglected
    Child Reporting Act.
        (18) (Blank).
        (19) Gross negligence resulting in permanent injury or
    death of a patient.
        (20) Employment of fraud, deception or any unlawful
    means in applying for or securing a license as a physician
    assistant.
        (21) Exceeding the authority delegated to him or her by
    his or her collaborating physician in a written
    collaborative agreement.
        (22) Immoral conduct in the commission of any act, such
    as sexual abuse, sexual misconduct, or sexual exploitation
    related to the licensee's practice.
        (23) Violation of the Health Care Worker Self-Referral
    Act.
        (24) Practicing under a false or assumed name, except
    as provided by law.
        (25) Making a false or misleading statement regarding
    his or her skill or the efficacy or value of the medicine,
    treatment, or remedy prescribed by him or her in the course
    of treatment.
        (26) Allowing another person to use his or her license
    to practice.
        (27) Prescribing, selling, administering,
    distributing, giving, or self-administering a drug
    classified as a controlled substance for other than
    medically-accepted therapeutic purposes.
        (28) Promotion of the sale of drugs, devices,
    appliances, or goods provided for a patient in a manner to
    exploit the patient for financial gain.
        (29) A pattern of practice or other behavior that
    demonstrates incapacity or incompetence to practice under
    this Act.
        (30) Violating State or federal laws or regulations
    relating to controlled substances or other legend drugs or
    ephedra as defined in the Ephedra Prohibition Act.
        (31) Exceeding the prescriptive authority delegated by
    the collaborating physician or violating the written
    collaborative agreement delegating that authority.
        (32) Practicing without providing to the Department a
    notice of collaboration or delegation of prescriptive
    authority.
        (33) Failure to establish and maintain records of
    patient care and treatment as required by law.
        (34) Attempting to subvert or cheat on the examination
    of the National Commission on Certification of Physician
    Assistants or its successor agency.
        (35) Willfully or negligently violating the
    confidentiality between physician assistant and patient,
    except as required by law.
        (36) Willfully failing to report an instance of
    suspected abuse, neglect, financial exploitation, or
    self-neglect of an eligible adult as defined in and
    required by the Adult Protective Services Act.
        (37) Being named as an abuser in a verified report by
    the Department on Aging under the Adult Protective Services
    Act and upon proof by clear and convincing evidence that
    the licensee abused, neglected, or financially exploited
    an eligible adult as defined in the Adult Protective
    Services Act.
        (38) Failure to report to the Department an adverse
    final action taken against him or her by another licensing
    jurisdiction of the United States or a foreign state or
    country, a peer review body, a health care institution, a
    professional society or association, a governmental
    agency, a law enforcement agency, or a court acts or
    conduct similar to acts or conduct that would constitute
    grounds for action under this Section.
        (39) Failure to provide copies of records of patient
    care or treatment, except as required by law.
        (40) Entering into an excessive number of written
    collaborative agreements with licensed physicians
    resulting in an inability to adequately collaborate.
        (41) Repeated failure to adequately collaborate with a
    collaborating physician.
        (42) Violating the Compassionate Use of Medical
    Cannabis Program Act.
    (b) The Department may, without a hearing, refuse to issue
or renew or may suspend the license of any person who fails to
file a return, or to pay the tax, penalty or interest shown in
a filed return, or to pay any final assessment of the tax,
penalty, or interest as required by any tax Act administered by
the Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied.
    (c) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code operates as an automatic suspension. The suspension will
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and issues an order so finding and discharging the patient, and
upon the recommendation of the Disciplinary Board to the
Secretary that the licensee be allowed to resume his or her
practice.
    (d) In enforcing this Section, the Department upon a
showing of a possible violation may compel an individual
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, which may include a substance abuse or
sexual offender evaluation, as required by and at the expense
of the Department.
    The Department shall specifically designate the examining
physician licensed to practice medicine in all of its branches
or, if applicable, the multidisciplinary team involved in
providing the mental or physical examination or both. The
multidisciplinary team shall be led by a physician licensed to
practice medicine in all of its branches and may consist of one
or more or a combination of physicians licensed to practice
medicine in all of its branches, licensed clinical
psychologists, licensed clinical social workers, licensed
clinical professional counselors, and other professional and
administrative staff. Any examining physician or member of the
multidisciplinary team may require any person ordered to submit
to an examination pursuant to this Section to submit to any
additional supplemental testing deemed necessary to complete
any examination or evaluation process, including, but not
limited to, blood testing, urinalysis, psychological testing,
or neuropsychological testing.
    The Department may order the examining physician or any
member of the multidisciplinary team to provide to the
Department any and all records, including business records,
that relate to the examination and evaluation, including any
supplemental testing performed.
    The Department may order the examining physician or any
member of the multidisciplinary team to present testimony
concerning the mental or physical examination of the licensee
or applicant. No information, report, record, or other
documents in any way related to the examination shall be
excluded by reason of any common law or statutory privilege
relating to communications between the licensee or applicant
and the examining physician or any member of the
multidisciplinary team. No authorization is necessary from the
licensee or applicant ordered to undergo an examination for the
examining physician or any member of the multidisciplinary team
to provide information, reports, records, or other documents or
to provide any testimony regarding the examination and
evaluation.
    The individual to be examined may have, at his or her own
expense, another physician of his or her choice present during
all aspects of this examination. However, that physician shall
be present only to observe and may not interfere in any way
with the examination.
     Failure of an individual to submit to a mental or physical
examination, when ordered, shall result in an automatic
suspension of his or her license until the individual submits
to the examination.
    If the Department finds an individual unable to practice
because of the reasons set forth in this Section, the
Department may require that individual to submit to care,
counseling, or treatment by physicians approved or designated
by the Department, as a condition, term, or restriction for
continued, reinstated, or renewed licensure to practice; or, in
lieu of care, counseling, or treatment, the Department may file
a complaint to immediately suspend, revoke, or otherwise
discipline the license of the individual. An individual whose
license was granted, continued, reinstated, renewed,
disciplined, or supervised subject to such terms, conditions,
or restrictions, and who fails to comply with such terms,
conditions, or restrictions, shall be referred to the Secretary
for a determination as to whether the individual shall have his
or her license suspended immediately, pending a hearing by the
Department.
    In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that person's
license must be convened by the Department within 30 days after
the suspension and completed without appreciable delay. The
Department shall have the authority to review the subject
individual's record of treatment and counseling regarding the
impairment to the extent permitted by applicable federal
statutes and regulations safeguarding the confidentiality of
medical records.
    An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate to
the Department that he or she can resume practice in compliance
with acceptable and prevailing standards under the provisions
of his or her license.
    (e) An individual or organization acting in good faith, and
not in a willful and wanton manner, in complying with this
Section by providing a report or other information to the
Board, by assisting in the investigation or preparation of a
report or information, by participating in proceedings of the
Board, or by serving as a member of the Board, shall not be
subject to criminal prosecution or civil damages as a result of
such actions.
    (f) Members of the Board and the Disciplinary Board shall
be indemnified by the State for any actions occurring within
the scope of services on the Disciplinary Board or Board, done
in good faith and not willful and wanton in nature. The
Attorney General shall defend all such actions unless he or she
determines either that there would be a conflict of interest in
such representation or that the actions complained of were not
in good faith or were willful and wanton.
    If the Attorney General declines representation, the
member has the right to employ counsel of his or her choice,
whose fees shall be provided by the State, after approval by
the Attorney General, unless there is a determination by a
court that the member's actions were not in good faith or were
willful and wanton.
    The member must notify the Attorney General within 7 days
after receipt of notice of the initiation of any action
involving services of the Disciplinary Board. Failure to so
notify the Attorney General constitutes an absolute waiver of
the right to a defense and indemnification.
    The Attorney General shall determine, within 7 days after
receiving such notice, whether he or she will undertake to
represent the member.
(Source: P.A. 100-453, eff. 8-25-17; 100-605, eff. 1-1-19.)
 
    Section 55. The Compassionate Use of Medical Cannabis Pilot
Program Act is amended by changing Sections 1, 7, 10, 25, 30,
35, 36, 40, 45, 55, 57, 60, 62, 75, 105, 115, 130, 145, 160,
195, and 200 and adding Section 173 as follows:
 
    (410 ILCS 130/1)
    (Section scheduled to be repealed on July 1, 2020)
    Sec. 1. Short title. This Act may be cited as the
Compassionate Use of Medical Cannabis Pilot Program Act.
(Source: P.A. 98-122, eff. 1-1-14.)
 
    (410 ILCS 130/7)
    (Section scheduled to be repealed on July 1, 2020)
    Sec. 7. Lawful user and lawful products. For the purposes
of this Act and to clarify the legislative findings on the
lawful use of cannabis:
        (1) A cardholder under this Act shall not be considered
    an unlawful user or addicted to narcotics solely as a
    result of his or her qualifying patient or designated
    caregiver status.
        (2) All medical cannabis products purchased by a
    qualifying patient at a licensed dispensing organization
    shall be lawful products and a distinction shall be made
    between medical and non-medical uses of cannabis as a
    result of the qualifying patient's cardholder status,
    provisional registration for qualifying patient cardholder
    status, or participation in the Opioid Alternative Pilot
    Program under the authorized use granted under State law.
        (3) An individual with a provisional registration for
    qualifying patient cardholder status, a qualifying patient
    in the Compassionate Use of Medical Cannabis Program
    medical cannabis pilot program, or an Opioid Alternative
    Pilot Program participant under Section 62 shall not be
    considered an unlawful user or addicted to narcotics solely
    as a result of his or her application to or participation
    in the program.
(Source: P.A. 99-519, eff. 6-30-16; 100-1114, eff. 8-28-18.)
 
    (410 ILCS 130/10)
    (Section scheduled to be repealed on July 1, 2020)
    Sec. 10. Definitions. The following terms, as used in this
Act, shall have the meanings set forth in this Section:
    (a) "Adequate supply" means:
        (1) 2.5 ounces of usable cannabis during a period of 14
    days and that is derived solely from an intrastate source.
        (2) Subject to the rules of the Department of Public
    Health, a patient may apply for a waiver where a certifying
    health care professional physician provides a substantial
    medical basis in a signed, written statement asserting
    that, based on the patient's medical history, in the
    certifying health care professional's physician's
    professional judgment, 2.5 ounces is an insufficient
    adequate supply for a 14-day period to properly alleviate
    the patient's debilitating medical condition or symptoms
    associated with the debilitating medical condition.
        (3) This subsection may not be construed to authorize
    the possession of more than 2.5 ounces at any time without
    authority from the Department of Public Health.
        (4) The pre-mixed weight of medical cannabis used in
    making a cannabis infused product shall apply toward the
    limit on the total amount of medical cannabis a registered
    qualifying patient may possess at any one time.
    (a-5) "Advanced practice registered nurse" means a person
who is licensed under the Nurse Practice Act as an advanced
practice registered nurse and has a controlled substances
license under Article III of the Illinois Controlled Substances
Act.
    (b) "Cannabis" has the meaning given that term in Section 3
of the Cannabis Control Act.
    (c) "Cannabis plant monitoring system" means a system that
includes, but is not limited to, testing and data collection
established and maintained by the registered cultivation
center and available to the Department for the purposes of
documenting each cannabis plant and for monitoring plant
development throughout the life cycle of a cannabis plant
cultivated for the intended use by a qualifying patient from
seed planting to final packaging.
    (d) "Cardholder" means a qualifying patient or a designated
caregiver who has been issued and possesses a valid registry
identification card by the Department of Public Health.
    (d-5) "Certifying health care professional" means a
physician, an advanced practice registered nurse, or a
physician assistant.
    (e) "Cultivation center" means a facility operated by an
organization or business that is registered by the Department
of Agriculture to perform necessary activities to provide only
registered medical cannabis dispensing organizations with
usable medical cannabis.
    (f) "Cultivation center agent" means a principal officer,
board member, employee, or agent of a registered cultivation
center who is 21 years of age or older and has not been
convicted of an excluded offense.
    (g) "Cultivation center agent identification card" means a
document issued by the Department of Agriculture that
identifies a person as a cultivation center agent.
    (h) "Debilitating medical condition" means one or more of
the following:
        (1) cancer, glaucoma, positive status for human
    immunodeficiency virus, acquired immune deficiency
    syndrome, hepatitis C, amyotrophic lateral sclerosis,
    Crohn's disease (including, but not limited to, ulcerative
    colitis), agitation of Alzheimer's disease,
    cachexia/wasting syndrome, muscular dystrophy, severe
    fibromyalgia, spinal cord disease, including but not
    limited to arachnoiditis, Tarlov cysts, hydromyelia,
    syringomyelia, Rheumatoid arthritis, fibrous dysplasia,
    spinal cord injury, traumatic brain injury and
    post-concussion syndrome, Multiple Sclerosis,
    Arnold-Chiari malformation and Syringomyelia,
    Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's,
    Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD
    (Complex Regional Pain Syndromes Type I), Causalgia, CRPS
    (Complex Regional Pain Syndromes Type II),
    Neurofibromatosis, Chronic Inflammatory Demyelinating
    Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial
    Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella
    syndrome, residual limb pain, seizures (including those
    characteristic of epilepsy), post-traumatic stress
    disorder (PTSD), autism, chronic pain, irritable bowel
    syndrome, migraines, osteoarthritis, anorexia nervosa,
    Ehlers-Danlos Syndrome, Neuro-Behcet's Autoimmune Disease,
    neuropathy, polycystic kidney disease, superior canal
    dehiscence syndrome, or the treatment of these conditions;
        (1.5) terminal illness with a diagnosis of 6 months or
    less; if the terminal illness is not one of the qualifying
    debilitating medical conditions, then the certifying
    health care professional physician shall on the
    certification form identify the cause of the terminal
    illness; or
        (2) any other debilitating medical condition or its
    treatment that is added by the Department of Public Health
    by rule as provided in Section 45.
    (i) "Designated caregiver" means a person who: (1) is at
least 21 years of age; (2) has agreed to assist with a
patient's medical use of cannabis; (3) has not been convicted
of an excluded offense; and (4) assists no more than one
registered qualifying patient with his or her medical use of
cannabis.
    (j) "Dispensing organization agent identification card"
means a document issued by the Department of Financial and
Professional Regulation that identifies a person as a medical
cannabis dispensing organization agent.
    (k) "Enclosed, locked facility" means a room, greenhouse,
building, or other enclosed area equipped with locks or other
security devices that permit access only by a cultivation
center's agents or a dispensing organization's agent working
for the registered cultivation center or the registered
dispensing organization to cultivate, store, and distribute
cannabis for registered qualifying patients.
    (l) "Excluded offense" for cultivation center agents and
dispensing organizations means:
        (1) a violent crime defined in Section 3 of the Rights
    of Crime Victims and Witnesses Act or a substantially
    similar offense that was classified as a felony in the
    jurisdiction where the person was convicted; or
        (2) a violation of a state or federal controlled
    substance law, the Cannabis Control Act, or the
    Methamphetamine Control and Community Protection Act that
    was classified as a felony in the jurisdiction where the
    person was convicted, except that the registering
    Department may waive this restriction if the person
    demonstrates to the registering Department's satisfaction
    that his or her conviction was for the possession,
    cultivation, transfer, or delivery of a reasonable amount
    of cannabis intended for medical use. This exception does
    not apply if the conviction was under state law and
    involved a violation of an existing medical cannabis law.
    For purposes of this subsection, the Department of Public
Health shall determine by emergency rule within 30 days after
the effective date of this amendatory Act of the 99th General
Assembly what constitutes a "reasonable amount".
    (l-5) (Blank).
    (l-10) "Illinois Cannabis Tracking System" means a
web-based system established and maintained by the Department
of Public Health that is available to the Department of
Agriculture, the Department of Financial and Professional
Regulation, the Illinois State Police, and registered medical
cannabis dispensing organizations on a 24-hour basis to upload
written certifications for Opioid Alternative Pilot Program
participants, to verify Opioid Alternative Pilot Program
participants, to verify Opioid Alternative Pilot Program
participants' available cannabis allotment and assigned
dispensary, and the tracking of the date of sale, amount, and
price of medical cannabis purchased by an Opioid Alternative
Pilot Program participant.
    (m) "Medical cannabis cultivation center registration"
means a registration issued by the Department of Agriculture.
    (n) "Medical cannabis container" means a sealed,
traceable, food compliant, tamper resistant, tamper evident
container, or package used for the purpose of containment of
medical cannabis from a cultivation center to a dispensing
organization.
    (o) "Medical cannabis dispensing organization", or
"dispensing organization", or "dispensary organization" means
a facility operated by an organization or business that is
registered by the Department of Financial and Professional
Regulation to acquire medical cannabis from a registered
cultivation center for the purpose of dispensing cannabis,
paraphernalia, or related supplies and educational materials
to registered qualifying patients, individuals with a
provisional registration for qualifying patient cardholder
status, or an Opioid Alternative Pilot Program participant.
    (p) "Medical cannabis dispensing organization agent" or
"dispensing organization agent" means a principal officer,
board member, employee, or agent of a registered medical
cannabis dispensing organization who is 21 years of age or
older and has not been convicted of an excluded offense.
    (q) "Medical cannabis infused product" means food, oils,
ointments, or other products containing usable cannabis that
are not smoked.
    (r) "Medical use" means the acquisition; administration;
delivery; possession; transfer; transportation; or use of
cannabis to treat or alleviate a registered qualifying
patient's debilitating medical condition or symptoms
associated with the patient's debilitating medical condition.
    (r-5) "Opioid" means a narcotic drug or substance that is a
Schedule II controlled substance under paragraph (1), (2), (3),
or (5) of subsection (b) or under subsection (c) of Section 206
of the Illinois Controlled Substances Act.
    (r-10) "Opioid Alternative Pilot Program participant"
means an individual who has received a valid written
certification to participate in the Opioid Alternative Pilot
Program for a medical condition for which an opioid has been or
could be prescribed by a certifying health care professional
physician based on generally accepted standards of care.
    (s) "Physician" means a doctor of medicine or doctor of
osteopathy licensed under the Medical Practice Act of 1987 to
practice medicine and who has a controlled substances license
under Article III of the Illinois Controlled Substances Act. It
does not include a licensed practitioner under any other Act
including but not limited to the Illinois Dental Practice Act.
    (s-1) "Physician assistant" means a physician assistant
licensed under the Physician Assistant Practice Act of 1987 and
who has a controlled substances license under Article III of
the Illinois Controlled Substances Act.
    (s-5) "Provisional registration" means a document issued
by the Department of Public Health to a qualifying patient who
has submitted: (1) an online application and paid a fee to
participate in Compassionate Use of Medical Cannabis Pilot
Program pending approval or denial of the patient's
application; or (2) a completed application for terminal
illness.
    (t) "Qualifying patient" means a person who has been
diagnosed by a certifying health care professional physician as
having a debilitating medical condition.
    (u) "Registered" means licensed, permitted, or otherwise
certified by the Department of Agriculture, Department of
Public Health, or Department of Financial and Professional
Regulation.
    (v) "Registry identification card" means a document issued
by the Department of Public Health that identifies a person as
a registered qualifying patient or registered designated
caregiver.
    (w) "Usable cannabis" means the seeds, leaves, buds, and
flowers of the cannabis plant and any mixture or preparation
thereof, but does not include the stalks, and roots of the
plant. It does not include the weight of any non-cannabis
ingredients combined with cannabis, such as ingredients added
to prepare a topical administration, food, or drink.
    (x) "Verification system" means a Web-based system
established and maintained by the Department of Public Health
that is available to the Department of Agriculture, the
Department of Financial and Professional Regulation, law
enforcement personnel, and registered medical cannabis
dispensing organization agents on a 24-hour basis for the
verification of registry identification cards, the tracking of
delivery of medical cannabis to medical cannabis dispensing
organizations, and the tracking of the date of sale, amount,
and price of medical cannabis purchased by a registered
qualifying patient.
    (y) "Written certification" means a document dated and
signed by a certifying health care professional physician,
stating (1) that the qualifying patient has a debilitating
medical condition and specifying the debilitating medical
condition the qualifying patient has; and (2) that (A) the
certifying health care professional physician is treating or
managing treatment of the patient's debilitating medical
condition; or (B) an Opioid Alternative Pilot Program
participant has a medical condition for which opioids have been
or could be prescribed. A written certification shall be made
only in the course of a bona fide health care
professional-patient physician-patient relationship, after the
certifying health care professional physician has completed an
assessment of either a qualifying patient's medical history or
Opioid Alternative Pilot Program participant, reviewed
relevant records related to the patient's debilitating
condition, and conducted a physical examination.
    (z) "Bona fide health care professional-patient
physician-patient relationship" means a relationship
established at a hospital, certifying health care
professional's physician's office, or other health care
facility in which the certifying health care professional
physician has an ongoing responsibility for the assessment,
care, and treatment of a patient's debilitating medical
condition or a symptom of the patient's debilitating medical
condition.
    A veteran who has received treatment at a VA hospital shall
be deemed to have a bona fide health care professional-patient
physician-patient relationship with a VA certifying health
care professional physician if the patient has been seen for
his or her debilitating medical condition at the VA Hospital in
accordance with VA Hospital protocols.
    A bona fide health care professional-patient
physician-patient relationship under this subsection is a
privileged communication within the meaning of Section 8-802 of
the Code of Civil Procedure.
(Source: P.A. 99-519, eff. 6-30-16; 100-1114, eff. 8-28-18.)
 
    (410 ILCS 130/25)
    (Section scheduled to be repealed on July 1, 2020)
    Sec. 25. Immunities and presumptions related to the medical
use of cannabis.
    (a) A registered qualifying patient is not subject to
arrest, prosecution, or denial of any right or privilege,
including but not limited to civil penalty or disciplinary
action by an occupational or professional licensing board, for
the medical use of cannabis in accordance with this Act, if the
registered qualifying patient possesses an amount of cannabis
that does not exceed an adequate supply as defined in
subsection (a) of Section 10 of this Act of usable cannabis
and, where the registered qualifying patient is a licensed
professional, the use of cannabis does not impair that licensed
professional when he or she is engaged in the practice of the
profession for which he or she is licensed.
    (b) A registered designated caregiver is not subject to
arrest, prosecution, or denial of any right or privilege,
including but not limited to civil penalty or disciplinary
action by an occupational or professional licensing board, for
acting in accordance with this Act to assist a registered
qualifying patient to whom he or she is connected through the
Department's registration process with the medical use of
cannabis if the designated caregiver possesses an amount of
cannabis that does not exceed an adequate supply as defined in
subsection (a) of Section 10 of this Act of usable cannabis.
The total amount possessed between the qualifying patient and
caregiver shall not exceed the patient's adequate supply as
defined in subsection (a) of Section 10 of this Act.
    (c) A registered qualifying patient or registered
designated caregiver is not subject to arrest, prosecution, or
denial of any right or privilege, including but not limited to
civil penalty or disciplinary action by an occupational or
professional licensing board for possession of cannabis that is
incidental to medical use, but is not usable cannabis as
defined in this Act.
    (d)(1) There is a rebuttable presumption that a registered
qualifying patient is engaged in, or a designated caregiver is
assisting with, the medical use of cannabis in accordance with
this Act if the qualifying patient or designated caregiver:
        (A) is in possession of a valid registry identification
    card; and
        (B) is in possession of an amount of cannabis that does
    not exceed the amount allowed under subsection (a) of
    Section 10.
    (2) The presumption may be rebutted by evidence that
conduct related to cannabis was not for the purpose of treating
or alleviating the qualifying patient's debilitating medical
condition or symptoms associated with the debilitating medical
condition in compliance with this Act.
    (e) A certifying health care professional physician is not
subject to arrest, prosecution, or penalty in any manner, or
denied any right or privilege, including but not limited to
civil penalty or disciplinary action by the Medical
Disciplinary Board or by any other occupational or professional
licensing board, solely for providing written certifications
or for otherwise stating that, in the certifying health care
professional's physician's professional opinion, a patient is
likely to receive therapeutic or palliative benefit from the
medical use of cannabis to treat or alleviate the patient's
debilitating medical condition or symptoms associated with the
debilitating medical condition, provided that nothing shall
prevent a professional licensing or disciplinary board from
sanctioning a certifying health care professional physician
for: (1) issuing a written certification to a patient who is
not under the certifying health care professional's
physician's care for a debilitating medical condition; or (2)
failing to properly evaluate a patient's medical condition or
otherwise violating the standard of care for evaluating medical
conditions.
    (f) No person may be subject to arrest, prosecution, or
denial of any right or privilege, including but not limited to
civil penalty or disciplinary action by an occupational or
professional licensing board, solely for: (1) selling cannabis
paraphernalia to a cardholder upon presentation of an unexpired
registry identification card in the recipient's name, if
employed and registered as a dispensing agent by a registered
dispensing organization; (2) being in the presence or vicinity
of the medical use of cannabis as allowed under this Act; or
(3) assisting a registered qualifying patient with the act of
administering cannabis.
    (g) A registered cultivation center is not subject to
prosecution; search or inspection, except by the Department of
Agriculture, Department of Public Health, or State or local law
enforcement under Section 130; seizure; or penalty in any
manner, or be denied any right or privilege, including but not
limited to civil penalty or disciplinary action by a business
licensing board or entity, for acting under this Act and
Department of Agriculture rules to: acquire, possess,
cultivate, manufacture, deliver, transfer, transport, supply,
or sell cannabis to registered dispensing organizations.
    (h) A registered cultivation center agent is not subject to
prosecution, search, or penalty in any manner, or be denied any
right or privilege, including but not limited to civil penalty
or disciplinary action by a business licensing board or entity,
for working or volunteering for a registered cannabis
cultivation center under this Act and Department of Agriculture
rules, including to perform the actions listed under subsection
(g).
    (i) A registered dispensing organization is not subject to
prosecution; search or inspection, except by the Department of
Financial and Professional Regulation or State or local law
enforcement pursuant to Section 130; seizure; or penalty in any
manner, or be denied any right or privilege, including but not
limited to civil penalty or disciplinary action by a business
licensing board or entity, for acting under this Act and
Department of Financial and Professional Regulation rules to:
acquire, possess, or dispense cannabis, or related supplies,
and educational materials to registered qualifying patients or
registered designated caregivers on behalf of registered
qualifying patients.
    (j) A registered dispensing organization agent is not
subject to prosecution, search, or penalty in any manner, or be
denied any right or privilege, including but not limited to
civil penalty or disciplinary action by a business licensing
board or entity, for working or volunteering for a dispensing
organization under this Act and Department of Financial and
Professional Regulation rules, including to perform the
actions listed under subsection (i).
    (k) Any cannabis, cannabis paraphernalia, illegal
property, or interest in legal property that is possessed,
owned, or used in connection with the medical use of cannabis
as allowed under this Act, or acts incidental to that use, may
not be seized or forfeited. This Act does not prevent the
seizure or forfeiture of cannabis exceeding the amounts allowed
under this Act, nor shall it prevent seizure or forfeiture if
the basis for the action is unrelated to the cannabis that is
possessed, manufactured, transferred, or used under this Act.
    (l) Mere possession of, or application for, a registry
identification card or registration certificate does not
constitute probable cause or reasonable suspicion, nor shall it
be used as the sole basis to support the search of the person,
property, or home of the person possessing or applying for the
registry identification card. The possession of, or
application for, a registry identification card does not
preclude the existence of probable cause if probable cause
exists on other grounds.
    (m) Nothing in this Act shall preclude local or State law
enforcement agencies from searching a registered cultivation
center where there is probable cause to believe that the
criminal laws of this State have been violated and the search
is conducted in conformity with the Illinois Constitution, the
Constitution of the United States, and all State statutes.
    (n) Nothing in this Act shall preclude local or state law
enforcement agencies from searching a registered dispensing
organization where there is probable cause to believe that the
criminal laws of this State have been violated and the search
is conducted in conformity with the Illinois Constitution, the
Constitution of the United States, and all State statutes.
    (o) No individual employed by the State of Illinois shall
be subject to criminal or civil penalties for taking any action
in accordance with the provisions of this Act, when the actions
are within the scope of his or her employment. Representation
and indemnification of State employees shall be provided to
State employees as set forth in Section 2 of the State Employee
Indemnification Act.
    (p) No law enforcement or correctional agency, nor any
individual employed by a law enforcement or correctional
agency, shall be subject to criminal or civil liability, except
for willful and wanton misconduct, as a result of taking any
action within the scope of the official duties of the agency or
individual to prohibit or prevent the possession or use of
cannabis by a cardholder incarcerated at a correctional
facility, jail, or municipal lockup facility, on parole or
mandatory supervised release, or otherwise under the lawful
jurisdiction of the agency or individual.
(Source: P.A. 98-122, eff. 1-1-14; 99-96, eff. 7-22-15.)
 
    (410 ILCS 130/30)
    (Section scheduled to be repealed on July 1, 2020)
    Sec. 30. Limitations and penalties.
    (a) This Act does not permit any person to engage in, and
does not prevent the imposition of any civil, criminal, or
other penalties for engaging in, the following conduct:
        (1) Undertaking any task under the influence of
    cannabis, when doing so would constitute negligence,
    professional malpractice, or professional misconduct;
        (2) Possessing cannabis:
            (A) except as provided under Section 22-33 of the
        School Code, in a school bus;
            (B) except as provided under Section 22-33 of the
        School Code, on the grounds of any preschool or primary
        or secondary school;
            (C) in any correctional facility;
            (D) in a vehicle under Section 11-502.1 of the
        Illinois Vehicle Code;
            (E) in a vehicle not open to the public unless the
        medical cannabis is in a reasonably secured, sealed,
        tamper-evident container and reasonably inaccessible
        while the vehicle is moving; or
            (F) in a private residence that is used at any time
        to provide licensed child care or other similar social
        service care on the premises;
        (3) Using cannabis:
            (A) except as provided under Section 22-33 of the
        School Code, in a school bus;
            (B) except as provided under Section 22-33 of the
        School Code, on the grounds of any preschool or primary
        or secondary school;
            (C) in any correctional facility;
            (D) in any motor vehicle;
            (E) in a private residence that is used at any time
        to provide licensed child care or other similar social
        service care on the premises;
            (F) except as provided under Section 22-33 of the
        School Code, in any public place. "Public place" as
        used in this subsection means any place where an
        individual could reasonably be expected to be observed
        by others. A "public place" includes all parts of
        buildings owned in whole or in part, or leased, by the
        State or a local unit of government. A "public place"
        does not include a private residence unless the private
        residence is used to provide licensed child care,
        foster care, or other similar social service care on
        the premises. For purposes of this subsection, a
        "public place" does not include a health care facility.
        For purposes of this Section, a "health care facility"
        includes, but is not limited to, hospitals, nursing
        homes, hospice care centers, and long-term care
        facilities;
            (G) except as provided under Section 22-33 of the
        School Code, knowingly in close physical proximity to
        anyone under the age of 18 years of age;
        (4) Smoking medical cannabis in any public place where
    an individual could reasonably be expected to be observed
    by others, in a health care facility, or any other place
    where smoking is prohibited under the Smoke Free Illinois
    Act;
        (5) Operating, navigating, or being in actual physical
    control of any motor vehicle, aircraft, or motorboat while
    using or under the influence of cannabis in violation of
    Sections 11-501 and 11-502.1 of the Illinois Vehicle Code;
        (6) Using or possessing cannabis if that person does
    not have a debilitating medical condition and is not a
    registered qualifying patient or caregiver;
        (7) Allowing any person who is not allowed to use
    cannabis under this Act to use cannabis that a cardholder
    is allowed to possess under this Act;
        (8) Transferring cannabis to any person contrary to the
    provisions of this Act;
        (9) The use of medical cannabis by an active duty law
    enforcement officer, correctional officer, correctional
    probation officer, or firefighter; or
        (10) The use of medical cannabis by a person who has a
    school bus permit or a Commercial Driver's License.
    (b) Nothing in this Act shall be construed to prevent the
arrest or prosecution of a registered qualifying patient for
reckless driving or driving under the influence of cannabis
where probable cause exists.
    (c) Notwithstanding any other criminal penalties related
to the unlawful possession of cannabis, knowingly making a
misrepresentation to a law enforcement official of any fact or
circumstance relating to the medical use of cannabis to avoid
arrest or prosecution is a petty offense punishable by a fine
of up to $1,000, which shall be in addition to any other
penalties that may apply for making a false statement or for
the use of cannabis other than use undertaken under this Act.
    (d) Notwithstanding any other criminal penalties related
to the unlawful possession of cannabis, any person who makes a
misrepresentation of a medical condition to a certifying health
care professional physician or fraudulently provides material
misinformation to a certifying health care professional
physician in order to obtain a written certification is guilty
of a petty offense punishable by a fine of up to $1,000.
    (e) Any cardholder or registered caregiver who sells
cannabis shall have his or her registry identification card
revoked and is subject to other penalties for the unauthorized
sale of cannabis.
    (f) Any registered qualifying patient who commits a
violation of Section 11-502.1 of the Illinois Vehicle Code or
refuses a properly requested test related to operating a motor
vehicle while under the influence of cannabis shall have his or
her registry identification card revoked.
    (g) No registered qualifying patient or designated
caregiver shall knowingly obtain, seek to obtain, or possess,
individually or collectively, an amount of usable cannabis from
a registered medical cannabis dispensing organization that
would cause him or her to exceed the authorized adequate supply
under subsection (a) of Section 10.
    (h) Nothing in this Act shall prevent a private business
from restricting or prohibiting the medical use of cannabis on
its property.
    (i) Nothing in this Act shall prevent a university,
college, or other institution of post-secondary education from
restricting or prohibiting the use of medical cannabis on its
property.
(Source: P.A. 100-660, eff. 8-1-18.)
 
    (410 ILCS 130/35)
    (Section scheduled to be repealed on July 1, 2020)
    Sec. 35. Certifying health care professional Physician
requirements.
    (a) A certifying health care professional physician who
certifies a debilitating medical condition for a qualifying
patient shall comply with all of the following requirements:
        (1) The certifying health care professional Physician
    shall be currently licensed under the Medical Practice Act
    of 1987 to practice medicine in all its branches, the Nurse
    Practice Act, or the Physician Assistant Practice Act of
    1987, shall be and in good standing, and must hold a
    controlled substances license under Article III of the
    Illinois Controlled Substances Act.
        (2) A certifying health care professional physician
    certifying a patient's condition shall comply with
    generally accepted standards of medical practice, the
    provisions of the Medical Practice Act under which he or
    she is licensed of 1987 and all applicable rules.
        (3) The physical examination required by this Act may
    not be performed by remote means, including telemedicine.
        (4) The certifying health care professional physician
    shall maintain a record-keeping system for all patients for
    whom the certifying health care professional physician has
    certified the patient's medical condition. These records
    shall be accessible to and subject to review by the
    Department of Public Health and the Department of Financial
    and Professional Regulation upon request.
    (b) A certifying health care professional physician may
not:
        (1) accept, solicit, or offer any form of remuneration
    from or to a qualifying patient, primary caregiver,
    cultivation center, or dispensing organization, including
    each principal officer, board member, agent, and employee,
    to certify a patient, other than accepting payment from a
    patient for the fee associated with the required
    examination, except for the limited purpose of performing a
    medical cannabis-related research study;
        (1.5) accept, solicit, or offer any form of
    remuneration from or to a medical cannabis cultivation
    center or dispensary organization for the purposes of
    referring a patient to a specific dispensary organization;
        (1.10) engage in any activity that is prohibited under
    Section 22.2 of the Medical Practice Act of 1987,
    regardless of whether the certifying health care
    professional is a physician, advanced practice registered
    nurse, or physician assistant;
        (2) offer a discount of any other item of value to a
    qualifying patient who uses or agrees to use a particular
    primary caregiver or dispensing organization to obtain
    medical cannabis;
        (3) conduct a personal physical examination of a
    patient for purposes of diagnosing a debilitating medical
    condition at a location where medical cannabis is sold or
    distributed or at the address of a principal officer,
    agent, or employee or a medical cannabis organization;
        (4) hold a direct or indirect economic interest in a
    cultivation center or dispensing organization if he or she
    recommends the use of medical cannabis to qualified
    patients or is in a partnership or other fee or
    profit-sharing relationship with a certifying health care
    professional physician who recommends medical cannabis,
    except for the limited purpose of performing a medical
    cannabis related research study;
        (5) serve on the board of directors or as an employee
    of a cultivation center or dispensing organization;
        (6) refer patients to a cultivation center, a
    dispensing organization, or a registered designated
    caregiver; or
        (7) advertise in a cultivation center or a dispensing
    organization.
    (c) The Department of Public Health may with reasonable
cause refer a certifying health care professional physician,
who has certified a debilitating medical condition of a
patient, to the Illinois Department of Financial and
Professional Regulation for potential violations of this
Section.
    (d) Any violation of this Section or any other provision of
this Act or rules adopted under this Act is a violation of the
certifying health care professional's licensure act Medical
Practice Act of 1987.
    (e) A certifying health care professional physician who
certifies a debilitating medical condition for a qualifying
patient may notify the Department of Public Health in writing:
(1) if the certifying health care professional physician has
reason to believe either that the registered qualifying patient
has ceased to suffer from a debilitating medical condition; (2)
that the bona fide health care professional-patient
physician-patient relationship has terminated; or (3) that
continued use of medical cannabis would result in
contraindication with the patient's other medication. The
registered qualifying patient's registry identification card
shall be revoked by the Department of Public Health after
receiving the certifying health care professional's
physician's notification.
    (f) Nothing in this Act shall preclude a certifying health
care professional from referring a patient for health services,
except when the referral is limited to certification purposes
only, under this Act.
(Source: P.A. 99-519, eff. 6-30-16; 100-1114, eff. 8-28-18.)
 
    (410 ILCS 130/36)
    Sec. 36. Written certification.
    (a) A certification confirming a patient's debilitating
medical condition shall be written on a form provided by the
Department of Public Health and shall include, at a minimum,
the following:
        (1) the qualifying patient's name, date of birth, home
    address, and primary telephone number;
        (2) the certifying health care professional's
    physician's name, address, telephone number, email
    address, and medical, advance practice registered nurse,
    or physician assistant license number, and the last 4
    digits, only, of his or her active controlled substances
    license under the Illinois Controlled Substances Act and
    indication of specialty or primary area of clinical
    practice, if any;
        (3) the qualifying patient's debilitating medical
    condition;
        (4) a statement that the certifying health care
    professional physician has confirmed a diagnosis of a
    debilitating condition; is treating or managing treatment
    of the patient's debilitating condition; has a bona fide
    health care professional-patient physician-patient
    relationship; has conducted an in-person physical
    examination; and has conducted a review of the patient's
    medical history, including reviewing medical records from
    other treating health care professionals physicians, if
    any, from the previous 12 months;
        (5) the certifying health care professional's
    physician's signature and date of certification; and
        (6) a statement that a participant in possession of a
    written certification indicating a debilitating medical
    condition shall not be considered an unlawful user or
    addicted to narcotics solely as a result of his or her
    pending application to or participation in the
    Compassionate Use of Medical Cannabis Pilot Program.
    (b) A written certification does not constitute a
prescription for medical cannabis.
    (c) Applications for qualifying patients under 18 years old
shall require a written certification from a certifying health
care professional physician and a reviewing certifying health
care professional physician.
    (d) A certification confirming the patient's eligibility
to participate in the Opioid Alternative Pilot Program shall be
written on a form provided by the Department of Public Health
and shall include, at a minimum, the following:
        (1) the participant's name, date of birth, home
    address, and primary telephone number;
        (2) the certifying health care professional's
    physician's name, address, telephone number, email
    address, and medical, advance practice registered nurse,
    or physician assistant license number, and the last 4
    digits, only, of his or her active controlled substances
    license under the Illinois Controlled Substances Act and
    indication of specialty or primary area of clinical
    practice, if any;
        (3) the certifying health care professional's
    physician's signature and date;
        (4) the length of participation in the program, which
    shall be limited to no more than 90 days;
        (5) a statement identifying the patient has been
    diagnosed with and is currently undergoing treatment for a
    medical condition where an opioid has been or could be
    prescribed; and
        (6) a statement that a participant in possession of a
    written certification indicating eligibility to
    participate in the Opioid Alternative Pilot Program shall
    not be considered an unlawful user or addicted to narcotics
    solely as a result of his or her eligibility or
    participation in the program.
    (e) The Department of Public Health may provide a single
certification form for subsections (a) and (d) of this Section,
provided that all requirements of those subsections are
included on the form.
    (f) The Department of Public Health shall not include the
word "cannabis" on any application forms or written
certification forms that it issues under this Section.
    (g) A written certification does not constitute a
prescription.
    (h) It is unlawful for any person to knowingly submit a
fraudulent certification to be a qualifying patient in the
Compassionate Use of Medical Cannabis Pilot Program or an
Opioid Alternative Pilot Program participant. A violation of
this subsection shall result in the person who has knowingly
submitted the fraudulent certification being permanently
banned from participating in the Compassionate Use of Medical
Cannabis Pilot Program or the Opioid Alternative Pilot Program.
(Source: P.A. 100-1114, eff. 8-28-18.)
 
    (410 ILCS 130/40)
    (Section scheduled to be repealed on July 1, 2020)
    Sec. 40. Discrimination prohibited.
    (a)(1) No school, employer, or landlord may refuse to
enroll or lease to, or otherwise penalize, a person solely for
his or her status as a registered qualifying patient or a
registered designated caregiver, unless failing to do so would
put the school, employer, or landlord in violation of federal
law or unless failing to do so would cause it to lose a
monetary or licensing-related benefit under federal law or
rules. This does not prevent a landlord from prohibiting the
smoking of cannabis on the premises.
    (2) For the purposes of medical care, including organ
transplants, a registered qualifying patient's authorized use
of cannabis in accordance with this Act is considered the
equivalent of the authorized use of any other medication used
at the direction of a certifying health care professional
physician, and may not constitute the use of an illicit
substance or otherwise disqualify a qualifying patient from
needed medical care.
    (b) A person otherwise entitled to custody of or visitation
or parenting time with a minor may not be denied that right,
and there is no presumption of neglect or child endangerment,
for conduct allowed under this Act, unless the person's actions
in relation to cannabis were such that they created an
unreasonable danger to the safety of the minor as established
by clear and convincing evidence.
    (c) No school, landlord, or employer may be penalized or
denied any benefit under State law for enrolling, leasing to,
or employing a cardholder.
    (d) Nothing in this Act may be construed to require a
government medical assistance program, employer, property and
casualty insurer, or private health insurer to reimburse a
person for costs associated with the medical use of cannabis.
    (e) Nothing in this Act may be construed to require any
person or establishment in lawful possession of property to
allow a guest, client, customer, or visitor who is a registered
qualifying patient to use cannabis on or in that property.
(Source: P.A. 98-122, eff. 1-1-14; 99-31, eff. 1-1-16.)
 
    (410 ILCS 130/45)
    (Section scheduled to be repealed on July 1, 2020)
    Sec. 45. Addition of debilitating medical conditions.
    (a) Any resident may petition the Department of Public
Health to add debilitating conditions or treatments to the list
of debilitating medical conditions listed in subsection (h) of
Section 10. The Department shall approve or deny a petition
within 180 days of its submission, and, upon approval, shall
proceed to add that condition by rule in accordance with the
Illinois Administrative Procedure Act. The approval or denial
of any petition is a final decision of the Department, subject
to judicial review. Jurisdiction and venue are vested in the
Circuit Court.
    (b) The Department shall accept petitions once annually for
a one-month period determined by the Department. During the
open period, the Department shall accept petitions from any
resident requesting the addition of a new debilitating medical
condition or disease to the list of approved debilitating
medical conditions for which the use of cannabis has been shown
to have a therapeutic or palliative effect. The Department
shall provide public notice 30 days before the open period for
accepting petitions, which shall describe the time period for
submission, the required format of the submission, and the
submission address.
    (c) Each petition shall be limited to one proposed
debilitating medical condition or disease.
    (d) A petitioner shall file one original petition in the
format provided by the Department and in the manner specified
by the Department. For a petition to be processed and reviewed,
the following information shall be included:
        (1) The petition, prepared on forms provided by the
    Department, in the manner specified by the Department.
        (2) A specific description of the medical condition or
    disease that is the subject of the petition. Each petition
    shall be limited to a single condition or disease.
    Information about the proposed condition or disease shall
    include:
            (A) the extent to which the condition or disease
        itself or the treatments cause severe suffering, such
        as severe or chronic pain, severe nausea or vomiting,
        or otherwise severely impair a person's ability to
        conduct activities of daily living;
            (B) information about why conventional medical
        therapies are not sufficient to alleviate the
        suffering caused by the disease or condition and its
        treatment;
            (C) the proposed benefits from the medical use of
        cannabis specific to the medical condition or disease;
            (D) evidence from the medical community and other
        experts supporting the use of medical cannabis to
        alleviate suffering caused by the condition, disease,
        or treatment;
            (E) letters of support from physicians or other
        licensed health care providers knowledgeable about the
        condition or disease, including, if feasible, a letter
        from a physician, advanced practice registered nurse,
        or physician assistant with whom the petitioner has a
        bona fide health care professional-patient
        physician-patient relationship;
            (F) any additional medical, testimonial, or
        scientific documentation; and
            (G) an electronic copy of all materials submitted.
        (3) Upon receipt of a petition, the Department shall:
            (A) determine whether the petition meets the
        standards for submission and, if so, shall accept the
        petition for further review; or
            (B) determine whether the petition does not meet
        the standards for submission and, if so, shall deny the
        petition without further review.
        (4) If the petition does not fulfill the standards for
    submission, the petition shall be considered deficient.
    The Department shall notify the petitioner, who may correct
    any deficiencies and resubmit the petition during the next
    open period.
    (e) The petitioner may withdraw his or her petition by
submitting a written statement to the Department indicating
withdrawal.
    (f) Upon review of accepted petitions, the Director shall
render a final decision regarding the acceptance or denial of
the proposed debilitating medical conditions or diseases.
    (g) The Department shall convene a Medical Cannabis
Advisory Board (Advisory Board) composed of 16 members, which
shall include:
        (1) one medical cannabis patient advocate or
    designated caregiver;
        (2) one parent or designated caregiver of a person
    under the age of 18 who is a qualified medical cannabis
    patient;
        (3) two registered nurses or nurse practitioners;
        (4) three registered qualifying patients, including
    one veteran; and
        (5) nine health care practitioners with current
    professional licensure in their field. The Advisory Board
    shall be composed of health care practitioners
    representing the following areas:
            (A) neurology;
            (B) pain management;
            (C) medical oncology;
            (D) psychiatry or mental health;
            (E) infectious disease;
            (F) family medicine;
            (G) general primary care;
            (H) medical ethics;
            (I) pharmacy;
            (J) pediatrics; or
            (K) psychiatry or mental health for children or
        adolescents.
    At least one appointed health care practitioner shall have
direct experience related to the health care needs of veterans
and at least one individual shall have pediatric experience.
    (h) Members of the Advisory Board shall be appointed by the
Governor.
        (1) Members shall serve a term of 4 years or until a
    successor is appointed and qualified. If a vacancy occurs,
    the Governor shall appoint a replacement to complete the
    original term created by the vacancy.
        (2) The Governor shall select a chairperson.
        (3) Members may serve multiple terms.
        (4) Members shall not have an affiliation with, serve
    on the board of, or have a business relationship with a
    registered cultivation center or a registered medical
    cannabis dispensary.
        (5) Members shall disclose any real or apparent
    conflicts of interest that may have a direct bearing of the
    subject matter, such as relationships with pharmaceutical
    companies, biomedical device manufacturers, or
    corporations whose products or services are related to the
    medical condition or disease to be reviewed.
        (6) Members shall not be paid but shall be reimbursed
    for travel expenses incurred while fulfilling the
    responsibilities of the Advisory Board.
    (i) On June 30, 2016 (the effective date of Public Act
99-519), the terms of office of the members of the Advisory
Board serving on that date shall terminate and the Board shall
be reconstituted.
    (j) The Advisory Board shall convene at the call of the
Chair:
        (1) to examine debilitating conditions or diseases
    that would benefit from the medical use of cannabis; and
        (2) to review new medical and scientific evidence
    pertaining to currently approved conditions.
    (k) The Advisory Board shall issue an annual report of its
activities each year.
    (l) The Advisory Board shall receive administrative
support from the Department.
(Source: P.A. 99-519, eff. 6-30-16; 99-642, eff. 7-28-16;
100-201, eff. 8-18-17.)
 
    (410 ILCS 130/55)
    (Section scheduled to be repealed on July 1, 2020)
    Sec. 55. Registration of qualifying patients and
designated caregivers.
    (a) The Department of Public Health shall issue registry
identification cards to qualifying patients and designated
caregivers who submit a completed application, and at minimum,
the following, in accordance with Department of Public Health
rules:
        (1) A written certification, on a form developed by the
    Department of Public Health consistent with Section 36 and
    issued by a certifying health care professional physician,
    within 90 days immediately preceding the date of an
    application and submitted by the qualifying patient or his
    or her designated caregiver;
        (2) upon the execution of applicable privacy waivers,
    the patient's medical documentation related to his or her
    debilitating condition and any other information that may
    be reasonably required by the Department of Public Health
    to confirm that the certifying health care professional
    physician and patient have a bona fide health care
    professional-patient physician-patient relationship, that
    the qualifying patient is in the certifying health care
    professional's physician's care for his or her
    debilitating medical condition, and to substantiate the
    patient's diagnosis;
        (3) the application or renewal fee as set by rule;
        (4) the name, address, date of birth, and social
    security number of the qualifying patient, except that if
    the applicant is homeless no address is required;
        (5) the name, address, and telephone number of the
    qualifying patient's certifying health care professional
    physician;
        (6) the name, address, and date of birth of the
    designated caregiver, if any, chosen by the qualifying
    patient;
        (7) the name of the registered medical cannabis
    dispensing organization the qualifying patient designates;
        (8) signed statements from the patient and designated
    caregiver asserting that they will not divert medical
    cannabis; and
        (9) (blank).
    (b) Notwithstanding any other provision of this Act, a
person provided a written certification for a debilitating
medical condition who has submitted a completed online
application to the Department of Public Health shall receive a
provisional registration and be entitled to purchase medical
cannabis from a specified licensed dispensing organization for
a period of 90 days or until his or her application has been
denied or he or she receives a registry identification card,
whichever is earlier. However, a person may obtain an
additional provisional registration after the expiration of 90
days after the date of application if the Department of Public
Health does not provide the individual with a registry
identification card or deny the individual's application
within those 90 days.
    The provisional registration may not be extended if the
individual does not respond to the Department of Public
Health's request for additional information or corrections to
required application documentation.
    In order for a person to receive medical cannabis under
this subsection, a person must present his or her provisional
registration along with a valid driver's license or State
identification card to the licensed dispensing organization
specified in his or her application. The dispensing
organization shall verify the person's provisional
registration through the Department of Public Health's online
verification system.
    Upon verification of the provided documents, the
dispensing organization shall dispense no more than 2.5 ounces
of medical cannabis during a 14-day period to the person for a
period of 90 days, until his or her application has been
denied, or until he or she receives a registry identification
card from the Department of Public Health, whichever is
earlier.
    Persons with provisional registrations must keep their
provisional registration in his or her possession at all times
when transporting or engaging in the medical use of cannabis.
    (c) No person or business shall charge a fee for assistance
in the preparation, compilation, or submission of an
application to the Compassionate Use of Medical Cannabis Pilot
Program or the Opioid Alternative Pilot Program. A violation of
this subsection is a Class C misdemeanor, for which restitution
to the applicant and a fine of up to $1,500 may be imposed. All
fines shall be deposited into the Compassionate Use of Medical
Cannabis Fund after restitution has been made to the applicant.
The Department of Public Health shall refer individuals making
complaints against a person or business under this Section to
the Illinois State Police, who shall enforce violations of this
provision. All application forms issued by the Department shall
state that no person or business may charge a fee for
assistance in the preparation, compilation, or submission of an
application to the Compassionate Use of Medical Cannabis Pilot
Program or the Opioid Alternative Pilot Program.
(Source: P.A. 100-1114, eff. 8-28-18.)
 
    (410 ILCS 130/57)
    (Section scheduled to be repealed on July 1, 2020)
    Sec. 57. Qualifying patients under 18.
    (a) Qualifying patients that are under the age of 18 years
shall not be prohibited from appointing up to 3 having 2
designated caregivers as follows: if both biological parents or
2 legal guardians of a qualifying patient under 18 both have
significant decision-making responsibilities over the
qualifying patient, then both may serve as a designated
caregiver if they otherwise meet the definition of "designated
caregiver" under Section 10; however, if only one biological
parent or legal guardian has significant decision-making
responsibilities for the qualifying patient under 18, then he
or she may appoint a second designated caregivers caregiver who
meet meets the definition of "designated caregiver" under
Section 10 so long as at least one designated caregiver is a
biological parent or legal guardian.
    (b) Qualifying patients that are 18 years of age or older
shall not be prohibited from appointing up to 3 designated
caregivers who meet the definition of "designated caregiver"
under Section 10.
(Source: P.A. 99-519, eff. 6-30-16.)
 
    (410 ILCS 130/60)
    (Section scheduled to be repealed on July 1, 2020)
    Sec. 60. Issuance of registry identification cards.
    (a) Except as provided in subsection (b), the Department of
Public Health shall:
        (1) verify the information contained in an application
    or renewal for a registry identification card submitted
    under this Act, and approve or deny an application or
    renewal, within 90 days of receiving a completed
    application or renewal application and all supporting
    documentation specified in Section 55;
        (2) issue registry identification cards to a
    qualifying patient and his or her designated caregiver, if
    any, within 15 business days of approving the application
    or renewal;
        (3) enter the registry identification number of the
    registered dispensing organization the patient designates
    into the verification system; and
        (4) allow for an electronic application process, and
    provide a confirmation by electronic or other methods that
    an application has been submitted.
    Notwithstanding any other provision of this Act, the
Department of Public Health shall adopt rules for qualifying
patients and applicants with life-long debilitating medical
conditions, who may be charged annual renewal fees. The
Department of Public Health shall not require patients and
applicants with life-long debilitating medical conditions to
apply to renew registry identification cards.
    (b) The Department of Public Health may not issue a
registry identification card to a qualifying patient who is
under 18 years of age, unless that patient suffers from
seizures, including those characteristic of epilepsy, or as
provided by administrative rule. The Department of Public
Health shall adopt rules for the issuance of a registry
identification card for qualifying patients who are under 18
years of age and suffering from seizures, including those
characteristic of epilepsy. The Department of Public Health may
adopt rules to allow other individuals under 18 years of age to
become registered qualifying patients under this Act with the
consent of a parent or legal guardian. Registered qualifying
patients under 21 18 years of age shall be prohibited from
consuming forms of cannabis other than medical cannabis infused
products and purchasing any usable cannabis or paraphernalia
used for smoking or vaping medical cannabis.
    (c) A veteran who has received treatment at a VA hospital
is deemed to have a bona fide health care professional-patient
physician-patient relationship with a VA certifying health
care professional physician if the patient has been seen for
his or her debilitating medical condition at the VA hospital in
accordance with VA hospital protocols. All reasonable
inferences regarding the existence of a bona fide health care
professional-patient physician-patient relationship shall be
drawn in favor of an applicant who is a veteran and has
undergone treatment at a VA hospital.
    (c-10) An individual who submits an application as someone
who is terminally ill shall have all fees waived. The
Department of Public Health shall within 30 days after this
amendatory Act of the 99th General Assembly adopt emergency
rules to expedite approval for terminally ill individuals.
These rules shall include, but not be limited to, rules that
provide that applications by individuals with terminal
illnesses shall be approved or denied within 14 days of their
submission.
    (d) Upon the approval of the registration and issuance of a
registry card under this Section, the Department of Public
Health shall forward the designated caregiver or registered
qualified patient's driver's registration number to the
Secretary of State and certify that the individual is permitted
to engage in the medical use of cannabis. For the purposes of
law enforcement, the Secretary of State shall make a notation
on the person's driving record stating the person is a
registered qualifying patient who is entitled to the lawful
medical use of cannabis. If the person no longer holds a valid
registry card, the Department shall notify the Secretary of
State and the Secretary of State shall remove the notation from
the person's driving record. The Department and the Secretary
of State may establish a system by which the information may be
shared electronically.
    (e) Upon the approval of the registration and issuance of a
registry card under this Section, the Department of Public
Health shall electronically forward the registered qualifying
patient's identification card information to the Prescription
Monitoring Program established under the Illinois Controlled
Substances Act and certify that the individual is permitted to
engage in the medical use of cannabis. For the purposes of
patient care, the Prescription Monitoring Program shall make a
notation on the person's prescription record stating that the
person is a registered qualifying patient who is entitled to
the lawful medical use of cannabis. If the person no longer
holds a valid registry card, the Department of Public Health
shall notify the Prescription Monitoring Program and
Department of Human Services to remove the notation from the
person's record. The Department of Human Services and the
Prescription Monitoring Program shall establish a system by
which the information may be shared electronically. This
confidential list may not be combined or linked in any manner
with any other list or database except as provided in this
Section.
    (f) (Blank).
(Source: P.A. 99-519, eff. 6-30-16; 100-1114, eff. 8-28-18.)
 
    (410 ILCS 130/62)
    Sec. 62. Opioid Alternative Pilot Program.
    (a) The Department of Public Health shall establish the
Opioid Alternative Pilot Program. Licensed dispensing
organizations shall allow persons with a written certification
from a certifying health care professional licensed physician
under Section 36 to purchase medical cannabis upon enrollment
in the Opioid Alternative Pilot Program. The Department of
Public Health shall adopt rules or establish procedures
allowing qualified veterans to participate in the Opioid
Alternative Pilot Program. For a person to receive medical
cannabis under this Section, the person must present the
written certification along with a valid driver's license or
state identification card to the licensed dispensing
organization specified in his or her application. The
dispensing organization shall verify the person's status as an
Opioid Alternative Pilot Program participant through the
Department of Public Health's online verification system.
    (b) The Opioid Alternative Pilot Program shall be limited
to participation by Illinois residents age 21 and older.
    (c) The Department of Financial and Professional
Regulation shall specify that all licensed dispensing
organizations participating in the Opioid Alternative Pilot
Program use the Illinois Cannabis Tracking System. The
Department of Public Health shall establish and maintain the
Illinois Cannabis Tracking System. The Illinois Cannabis
Tracking System shall be used to collect information about all
persons participating in the Opioid Alternative Pilot Program
and shall be used to track the sale of medical cannabis for
verification purposes.
    Each dispensing organization shall retain a copy of the
Opioid Alternative Pilot Program certification and other
identifying information as required by the Department of
Financial and Professional Regulation, the Department of
Public Health, and the Illinois State Police in the Illinois
Cannabis Tracking System.
    The Illinois Cannabis Tracking System shall be accessible
to the Department of Financial and Professional Regulation,
Department of Public Health, Department of Agriculture, and the
Illinois State Police.
    The Department of Financial and Professional Regulation in
collaboration with the Department of Public Health shall
specify the data requirements for the Opioid Alternative Pilot
Program by licensed dispensing organizations; including, but
not limited to, the participant's full legal name, address, and
date of birth, date on which the Opioid Alternative Pilot
Program certification was issued, length of the participation
in the Program, including the start and end date to purchase
medical cannabis, name of the issuing physician, copy of the
participant's current driver's license or State identification
card, and phone number.
    The Illinois Cannabis Tracking System shall provide
verification of a person's participation in the Opioid
Alternative Pilot Program for law enforcement at any time and
on any day.
    (d) The certification for Opioid Alternative Pilot Program
participant must be issued by a certifying health care
professional who is physician licensed to practice in Illinois
under the Medical Practice Act of 1987, the Nurse Practice Act,
or the Physician Assistant Practice Act of 1987 and who is in
good standing and who holds a controlled substances license
under Article III of the Illinois Controlled Substances Act.
    The certification for an Opioid Alternative Pilot Program
participant shall be written within 90 days before the
participant submits his or her certification to the dispensing
organization.
    The written certification uploaded to the Illinois
Cannabis Tracking System shall be accessible to the Department
of Public Health.
    (e) Upon verification of the individual's valid
certification and enrollment in the Illinois Cannabis Tracking
System, the dispensing organization may dispense the medical
cannabis, in amounts not exceeding 2.5 ounces of medical
cannabis per 14-day period to the participant at the
participant's specified dispensary for no more than 90 days.
    An Opioid Alternative Pilot Program participant shall not
be registered as a medical cannabis cardholder. The dispensing
organization shall verify that the person is not an active
registered qualifying patient prior to enrollment in the Opioid
Alternative Pilot Program and each time medical cannabis is
dispensed.
    Upon receipt of a written certification under the Opioid
Alternative Pilot Program, the Department of Public Health
shall electronically forward the patient's identification
information to the Prescription Monitoring Program established
under the Illinois Controlled Substances Act and certify that
the individual is permitted to engage in the medical use of
cannabis. For the purposes of patient care, the Prescription
Monitoring Program shall make a notation on the person's
prescription record stating that the person has a written
certification under the Opioid Alternative Pilot Program and is
a patient who is entitled to the lawful medical use of
cannabis. If the person is no longer authorized to engage in
the medical use of cannabis, the Department of Public Health
shall notify the Prescription Monitoring Program and
Department of Human Services to remove the notation from the
person's record. The Department of Human Services and the
Prescription Monitoring Program shall establish a system by
which the information may be shared electronically. This
confidential list may not be combined or linked in any manner
with any other list or database except as provided in this
Section.
    (f) An Opioid Alternative Pilot Program participant shall
not be considered a qualifying patient with a debilitating
medical condition under this Act and shall be provided access
to medical cannabis solely for the duration of the
participant's certification. Nothing in this Section shall be
construed to limit or prohibit an Opioid Alternative Pilot
Program participant who has a debilitating medical condition
from applying to the Compassionate Use of Medical Cannabis
Pilot Program.
    (g) A person with a provisional registration under Section
55 shall not be considered an Opioid Alternative Pilot Program
participant.
    (h) The Department of Financial and Professional
Regulation and the Department of Public Health shall submit
emergency rulemaking to implement the changes made by this
amendatory Act of the 100th General Assembly by December 1,
2018. The Department of Financial and Professional Regulation,
the Department of Agriculture, the Department of Human
Services, the Department of Public Health, and the Illinois
State Police shall utilize emergency purchase authority for 12
months after the effective date of this amendatory Act of the
100th General Assembly for the purpose of implementing the
changes made by this amendatory Act of the 100th General
Assembly.
    (i) Dispensing organizations are not authorized to
dispense medical cannabis to Opioid Alternative Pilot Program
participants until administrative rules are approved by the
Joint Committee on Administrative Rules and go into effect.
    (j) The provisions of this Section are inoperative on and
after July 1, 2020.
(Source: P.A. 100-1114, eff. 8-28-18.)
 
    (410 ILCS 130/75)
    (Section scheduled to be repealed on July 1, 2020)
    Sec. 75. Notifications to Department of Public Health and
responses; civil penalty.
    (a) The following notifications and Department of Public
Health responses are required:
        (1) A registered qualifying patient shall notify the
    Department of Public Health of any change in his or her
    name or address, or if the registered qualifying patient
    ceases to have his or her debilitating medical condition,
    within 10 days of the change.
        (2) A registered designated caregiver shall notify the
    Department of Public Health of any change in his or her
    name or address, or if the designated caregiver becomes
    aware the registered qualifying patient passed away,
    within 10 days of the change.
        (3) Before a registered qualifying patient changes his
    or her designated caregiver, the qualifying patient must
    notify the Department of Public Health.
        (4) If a cardholder loses his or her registry
    identification card, he or she shall notify the Department
    within 10 days of becoming aware the card has been lost.
    (b) When a cardholder notifies the Department of Public
Health of items listed in subsection (a), but remains eligible
under this Act, the Department of Public Health shall issue the
cardholder a new registry identification card with a new random
alphanumeric identification number within 15 business days of
receiving the updated information and a fee as specified in
Department of Public Health rules. If the person notifying the
Department of Public Health is a registered qualifying patient,
the Department shall also issue his or her registered
designated caregiver, if any, a new registry identification
card within 15 business days of receiving the updated
information.
    (c) If a registered qualifying patient ceases to be a
registered qualifying patient or changes his or her registered
designated caregiver, the Department of Public Health shall
promptly notify the designated caregiver. The registered
designated caregiver's protections under this Act as to that
qualifying patient shall expire 15 days after notification by
the Department.
    (d) A cardholder who fails to make a notification to the
Department of Public Health that is required by this Section is
subject to a civil infraction, punishable by a penalty of no
more than $150.
    (e) A registered qualifying patient shall notify the
Department of Public Health of any change to his or her
designated registered dispensing organization. The Department
of Public Health shall provide for immediate changes of a
registered qualifying patient's designated registered
dispensing organization. Registered dispensing organizations
must comply with all requirements of this Act.
    (f) If the registered qualifying patient's certifying
certifying health care professional physician notifies the
Department in writing that either the registered qualifying
patient has ceased to suffer from a debilitating medical
condition, that the bona fide health care professional-patient
physician-patient relationship has terminated, or that
continued use of medical cannabis would result in
contraindication with the patient's other medication, the card
shall become null and void. However, the registered qualifying
patient shall have 15 days to destroy his or her remaining
medical cannabis and related paraphernalia.
(Source: P.A. 99-519, eff. 6-30-16; 100-1114, eff. 8-28-18.)
 
    (410 ILCS 130/105)
    (Section scheduled to be repealed on July 1, 2020)
    Sec. 105. Requirements; prohibitions; penalties for
cultivation centers.
    (a) The operating documents of a registered cultivation
center shall include procedures for the oversight of the
cultivation center, a cannabis plant monitoring system
including a physical inventory recorded weekly, a cannabis
container system including a physical inventory recorded
weekly, accurate record keeping, and a staffing plan.
    (b) A registered cultivation center shall implement a
security plan reviewed by the State Police and including but
not limited to: facility access controls, perimeter intrusion
detection systems, personnel identification systems, 24-hour
surveillance system to monitor the interior and exterior of the
registered cultivation center facility and accessible to
authorized law enforcement and the Department of Agriculture in
real-time.
    (c) A registered cultivation center may not be located
within 2,500 feet of the property line of a pre-existing public
or private preschool or elementary or secondary school or day
care center, day care home, group day care home, part day child
care facility, or an area zoned for residential use.
    (d) All cultivation of cannabis for distribution to a
registered dispensing organization must take place in an
enclosed, locked facility as it applies to cultivation centers
at the physical address provided to the Department of
Agriculture during the registration process. The cultivation
center location shall only be accessed by the cultivation
center agents working for the registered cultivation center,
Department of Agriculture staff performing inspections,
Department of Public Health staff performing inspections, law
enforcement or other emergency personnel, and contractors
working on jobs unrelated to medical cannabis, such as
installing or maintaining security devices or performing
electrical wiring.
    (e) A cultivation center may not sell or distribute any
cannabis to any individual or entity other than another
cultivation center, a dispensing organization registered under
this Act, or a laboratory licensed by the Department of
Agriculture a dispensary organization registered under this
Act.
    (f) All harvested cannabis intended for distribution to a
dispensing organization must be packaged in a labeled medical
cannabis container and entered into a data collection system.
    (g) No person who has been convicted of an excluded offense
may be a cultivation center agent.
    (h) Registered cultivation centers are subject to random
inspection by the State Police.
    (i) Registered cultivation centers are subject to random
inspections by the Department of Agriculture and the Department
of Public Health.
    (j) A cultivation center agent shall notify local law
enforcement, the State Police, and the Department of
Agriculture within 24 hours of the discovery of any loss or
theft. Notification shall be made by phone or in-person, or by
written or electronic communication.
    (k) A cultivation center shall comply with all State and
federal rules and regulations regarding the use of pesticides.
(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
 
    (410 ILCS 130/115)
    (Section scheduled to be repealed on July 1, 2020)
    Sec. 115. Registration of dispensing organizations.
    (a) The Department of Financial and Professional
Regulation may issue up to 60 dispensing organization
registrations for operation. The Department of Financial and
Professional Regulation may not issue less than the 60
registrations if there are qualified applicants who have
applied with the Department of Financial and Professional
Regulation. The organizations shall be geographically
dispersed throughout the State to allow all registered
qualifying patients reasonable proximity and access to a
dispensing organization.
    (a-5) For any dispensing organization registered on or
after July 1, 2019, the Department of Financial and
Professional Regulation shall award not less than 20% of all
available points to applicants that qualify as Social Equity
Applicants. For purposes of this Section:
    "Disproportionately Impacted Area" means a census tract or
comparable geographic area that satisfies the following
criteria as determined by the Department of Commerce and
Economic Opportunity, that:
        (1) meets at least one of the following criteria:
            (A) the area has a poverty rate of at least 20%
        according to the latest federal decennial census; or
            (B) 75% or more of the children in the area
        participate in the federal free lunch program
        according to reported statistics from the State Board
        of Education; or
            (C) at least 20% of the households in the area
        receive assistance under the Supplemental Nutrition
        Assistance Program; or
            (D) the area has an average unemployment rate, as
        determined by the Illinois Department of Employment
        Security, that is more than 120% of the national
        unemployment average, as determined by the United
        States Department of Labor, for a period of at least 2
        consecutive calendar years preceding the date of the
        application; and
        (2) has high rates of arrest, conviction, and
    incarceration related to sale, possession, use,
    cultivation, manufacture, or transport of cannabis.
    "Social Equity Applicant" means an applicant that is an
Illinois resident that meets one of the following criteria:
        (1) an applicant with at least 51% ownership and
    control by one or more individuals who have resided for at
    least 5 of the preceding 10 years in a Disproportionately
    Impacted Area;
        (2) an applicant with at least 51% of ownership and
    control by one or more individuals who have been arrested
    for, convicted of, or adjudicated delinquent for any
    offense that is eligible for expungement or member of an
    impacted family;
        (3) for applicants with a minimum of 10 full-time
    employees, an applicant with at least 51% of current
    employees who:
            (A) currently reside in a Disproportionately
        Impacted Area; or
            (B) have been arrested for, convicted of, or
        adjudicated delinquent for any offense that is
        eligible for expungement or member of an impacted
        family.
    (b) A dispensing organization may only operate if it has
been issued a registration from the Department of Financial and
Professional Regulation. The Department of Financial and
Professional Regulation shall adopt rules establishing the
procedures for applicants for dispensing organizations.
    (c) When applying for a dispensing organization
registration, the applicant shall submit, at a minimum, the
following in accordance with Department of Financial and
Professional Regulation rules:
        (1) a non-refundable application fee established by
    rule;
        (2) the proposed legal name of the dispensing
    organization;
        (3) the proposed physical address of the dispensing
    organization;
        (4) the name, address, and date of birth of each
    principal officer and board member of the dispensing
    organization, provided that all those individuals shall be
    at least 21 years of age;
        (5) information, in writing, regarding any instances
    in which a business or not-for-profit that any of the
    prospective board members managed or served on the board
    was convicted, fined, censured, or had a registration
    suspended or revoked in any administrative or judicial
    proceeding;
        (6) proposed operating by-laws that include procedures
    for the oversight of the medical cannabis dispensing
    organization and procedures to ensure accurate record
    keeping and security measures that are in accordance with
    the rules applied by the Department of Financial and
    Professional Regulation under this Act. The by-laws shall
    include a description of the enclosed, locked facility
    where medical cannabis will be stored by the dispensing
    organization; and
        (7) signed statements from each dispensing
    organization agent stating that they will not divert
    medical cannabis.
    (d) The Department of Financial and Professional
Regulation shall conduct a background check of the prospective
dispensing organization agents in order to carry out this
Section. The Department of State Police shall charge a fee for
conducting the criminal history record check, which shall be
deposited in the State Police Services Fund and shall not
exceed the actual cost of the record check. Each person
applying as a dispensing organization agent shall submit a full
set of fingerprints to the Department of State Police for the
purpose of obtaining a State and federal criminal records
check. These fingerprints shall be checked against the
fingerprint records now and hereafter, to the extent allowed by
law, filed in the Department of State Police and Federal Bureau
of Investigation criminal history records databases. The
Department of State Police shall furnish, following positive
identification, all Illinois conviction information to the
Department of Financial and Professional Regulation.
    (e) A dispensing organization must pay a registration fee
set by the Department of Financial and Professional Regulation.
    (f) An application for a medical cannabis dispensing
organization registration must be denied if any of the
following conditions are met:
        (1) the applicant failed to submit the materials
    required by this Section, including if the applicant's
    plans do not satisfy the security, oversight, or
    recordkeeping rules issued by the Department of Financial
    and Professional Regulation;
        (2) the applicant would not be in compliance with local
    zoning rules issued in accordance with Section 140;
        (3) the applicant does not meet the requirements of
    Section 130;
        (4) one or more of the prospective principal officers
    or board members has been convicted of an excluded offense;
        (5) one or more of the prospective principal officers
    or board members has served as a principal officer or board
    member for a registered medical cannabis dispensing
    organization that has had its registration revoked; and
        (6) one or more of the principal officers or board
    members is under 21 years of age. ; and
        (7) one or more of the principal officers or board
    members is a registered qualified patient or a registered
    caregiver.
(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
 
    (410 ILCS 130/130)
    (Section scheduled to be repealed on July 1, 2020)
    Sec. 130. Requirements; prohibitions; penalties;
dispensing organizations.
    (a) The Department of Financial and Professional
Regulation shall implement the provisions of this Section by
rule.
    (b) A dispensing organization shall maintain operating
documents which shall include procedures for the oversight of
the registered dispensing organization and procedures to
ensure accurate recordkeeping.
    (c) A dispensing organization shall implement appropriate
security measures, as provided by rule, to deter and prevent
the theft of cannabis and unauthorized entrance into areas
containing cannabis.
    (d) A dispensing organization may not be located within
1,000 feet of the property line of a pre-existing public or
private preschool or elementary or secondary school or day care
center, day care home, group day care home, or part day child
care facility. A registered dispensing organization may not be
located in a house, apartment, condominium, or an area zoned
for residential use. This subsection shall not apply to any
dispensing organizations registered on or after July 1, 2019.
    (e) A dispensing organization is prohibited from acquiring
cannabis from anyone other than a registered cultivation
center. A dispensing organization is prohibited from obtaining
cannabis from outside the State of Illinois.
    (f) A registered dispensing organization is prohibited
from dispensing cannabis for any purpose except to assist
registered qualifying patients with the medical use of cannabis
directly or through the qualifying patients' designated
caregivers.
    (g) The area in a dispensing organization where medical
cannabis is stored can only be accessed by dispensing
organization agents working for the dispensing organization,
Department of Financial and Professional Regulation staff
performing inspections, law enforcement or other emergency
personnel, and contractors working on jobs unrelated to medical
cannabis, such as installing or maintaining security devices or
performing electrical wiring.
    (h) A dispensing organization may not dispense more than
2.5 ounces of cannabis to a registered qualifying patient,
directly or via a designated caregiver, in any 14-day period
unless the qualifying patient has a Department of Public
Health-approved quantity waiver. Any Department of Public
Health-approved quantity waiver process must be made available
to qualified veterans.
    (i) Except as provided in subsection (i-5), before medical
cannabis may be dispensed to a designated caregiver or a
registered qualifying patient, a dispensing organization agent
must determine that the individual is a current cardholder in
the verification system and must verify each of the following:
        (1) that the registry identification card presented to
    the registered dispensing organization is valid;
        (2) that the person presenting the card is the person
    identified on the registry identification card presented
    to the dispensing organization agent;
        (3) that the dispensing organization is the designated
    dispensing organization for the registered qualifying
    patient who is obtaining the cannabis directly or via his
    or her designated caregiver; and
        (4) that the registered qualifying patient has not
    exceeded his or her adequate supply.
    (i-5) A dispensing organization may dispense medical
cannabis to an Opioid Alternative Pilot Program participant
under Section 62 and to a person presenting proof of
provisional registration under Section 55. Before dispensing
medical cannabis, the dispensing organization shall comply
with the requirements of Section 62 or Section 55, whichever is
applicable, and verify the following:
        (1) that the written certification presented to the
    registered dispensing organization is valid and an
    original document;
        (2) that the person presenting the written
    certification is the person identified on the written
    certification; and
        (3) that the participant has not exceeded his or her
    adequate supply.
    (j) Dispensing organizations shall ensure compliance with
this limitation by maintaining internal, confidential records
that include records specifying how much medical cannabis is
dispensed to the registered qualifying patient and whether it
was dispensed directly to the registered qualifying patient or
to the designated caregiver. Each entry must include the date
and time the cannabis was dispensed. Additional recordkeeping
requirements may be set by rule.
    (k) The health care professional-patient physician-patient
privilege as set forth by Section 8-802 of the Code of Civil
Procedure shall apply between a qualifying patient and a
registered dispensing organization and its agents with respect
to communications and records concerning qualifying patients'
debilitating conditions.
    (l) A dispensing organization may not permit any person to
consume cannabis on the property of a medical cannabis
organization.
    (m) A dispensing organization may not share office space
with or refer patients to a certifying health care professional
physician.
    (n) Notwithstanding any other criminal penalties related
to the unlawful possession of cannabis, the Department of
Financial and Professional Regulation may revoke, suspend,
place on probation, reprimand, refuse to issue or renew, or
take any other disciplinary or non-disciplinary action as the
Department of Financial and Professional Regulation may deem
proper with regard to the registration of any person issued
under this Act to operate a dispensing organization or act as a
dispensing organization agent, including imposing fines not to
exceed $10,000 for each violation, for any violations of this
Act and rules adopted in accordance with this Act. The
procedures for disciplining a registered dispensing
organization shall be determined by rule. All final
administrative decisions of the Department of Financial and
Professional Regulation are subject to judicial review under
the Administrative Review Law and its rules. The term
"administrative decision" is defined as in Section 3-101 of the
Code of Civil Procedure.
    (o) Dispensing organizations are subject to random
inspection and cannabis testing by the Department of Financial
and Professional Regulation and State Police as provided by
rule.
    (p) The Department of Financial and Professional
Regulation shall adopt rules permitting returns, and potential
refunds, for damaged or inadequate products.
    (q) The Department of Financial and Professional
Regulation may issue nondisciplinary citations for minor
violations which may be accompanied by a civil penalty not to
exceed $10,000 per violation. The penalty shall be a civil
penalty or other condition as established by rule. The citation
shall be issued to the licensee and shall contain the
licensee's name, address, and license number, a brief factual
statement, the Sections of the law or rule allegedly violated,
and the civil penalty, if any, imposed. The citation must
clearly state that the licensee may choose, in lieu of
accepting the citation, to request a hearing. If the licensee
does not dispute the matter in the citation with the Department
of Financial and Professional Regulation within 30 days after
the citation is served, then the citation shall become final
and shall not be subject to appeal.
(Source: P.A. 100-1114, eff. 8-28-18.)
 
    (410 ILCS 130/145)
    (Section scheduled to be repealed on July 1, 2020)
    Sec. 145. Confidentiality.
    (a) The following information received and records kept by
the Department of Public Health, Department of Financial and
Professional Regulation, Department of Agriculture, or
Department of State Police for purposes of administering this
Act are subject to all applicable federal privacy laws,
confidential, and exempt from the Freedom of Information Act,
and not subject to disclosure to any individual or public or
private entity, except as necessary for authorized employees of
those authorized agencies to perform official duties under this
Act and the following information received and records kept by
Department of Public Health, Department of Agriculture,
Department of Financial and Professional Regulation, and
Department of State Police, excluding any existing or
non-existing Illinois or national criminal history record
information as defined in subsection (d), may be disclosed to
each other upon request:
        (1) Applications and renewals, their contents, and
    supporting information submitted by qualifying patients
    and designated caregivers, including information regarding
    their designated caregivers and certifying health care
    professionals physicians.
        (2) Applications and renewals, their contents, and
    supporting information submitted by or on behalf of
    cultivation centers and dispensing organizations in
    compliance with this Act, including their physical
    addresses.
        (3) The individual names and other information
    identifying persons to whom the Department of Public Health
    has issued registry identification cards.
        (4) Any dispensing information required to be kept
    under Section 135, Section 150, or Department of Public
    Health, Department of Agriculture, or Department of
    Financial and Professional Regulation rules shall identify
    cardholders and registered cultivation centers by their
    registry identification numbers and medical cannabis
    dispensing organizations by their registration number and
    not contain names or other personally identifying
    information.
        (5) All medical records provided to the Department of
    Public Health in connection with an application for a
    registry card.
    (b) Nothing in this Section precludes the following:
        (1) Department of Agriculture, Department of Financial
    and Professional Regulation, or Public Health employees
    may notify law enforcement about falsified or fraudulent
    information submitted to the Departments if the employee
    who suspects that falsified or fraudulent information has
    been submitted conferred with his or her supervisor and
    both agree that circumstances exist that warrant
    reporting.
        (2) If the employee conferred with his or her
    supervisor and both agree that circumstances exist that
    warrant reporting, Department of Public Health employees
    may notify the Department of Financial and Professional
    Regulation if there is reasonable cause to believe a
    certifying health care professional physician:
            (A) issued a written certification without a bona
        fide health care professional-patient
        physician-patient relationship under this Act;
            (B) issued a written certification to a person who
        was not under the certifying health care
        professional's physician's care for the debilitating
        medical condition; or
            (C) failed to abide by the acceptable and
        prevailing standard of care when evaluating a
        patient's medical condition.
        (3) The Department of Public Health, Department of
    Agriculture, and Department of Financial and Professional
    Regulation may notify State or local law enforcement about
    apparent criminal violations of this Act if the employee
    who suspects the offense has conferred with his or her
    supervisor and both agree that circumstances exist that
    warrant reporting.
        (4) Medical cannabis cultivation center agents and
    medical cannabis dispensing organizations may notify the
    Department of Public Health, Department of Financial and
    Professional Regulation, or Department of Agriculture of a
    suspected violation or attempted violation of this Act or
    the rules issued under it.
        (5) Each Department may verify registry identification
    cards under Section 150.
        (6) The submission of the report to the General
    Assembly under Section 160.
    (c) It is a Class B misdemeanor with a $1,000 fine for any
person, including an employee or official of the Department of
Public Health, Department of Financial and Professional
Regulation, or Department of Agriculture or another State
agency or local government, to breach the confidentiality of
information obtained under this Act.
    (d) The Department of Public Health, the Department of
Agriculture, the Department of State Police, and the Department
of Financial and Professional Regulation shall not share or
disclose any existing or non-existing Illinois or national
criminal history record information. For the purposes of this
Section, "any existing or non-existing Illinois or national
criminal history record information" means any Illinois or
national criminal history record information, including but
not limited to the lack of or non-existence of these records.
(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
 
    (410 ILCS 130/160)
    (Section scheduled to be repealed on July 1, 2020)
    Sec. 160. Annual reports. The Department of Public Health
shall submit to the General Assembly a report, by September 30
of each year, that does not disclose any identifying
information about registered qualifying patients, registered
caregivers, or certifying health care professionals
physicians, but does contain, at a minimum, all of the
following information based on the fiscal year for reporting
purposes:
        (1) the number of applications and renewals filed for
    registry identification cards or registrations;
        (2) the number of qualifying patients and designated
    caregivers served by each dispensary during the report
    year;
        (3) the nature of the debilitating medical conditions
    of the qualifying patients;
        (4) the number of registry identification cards or
    registrations revoked for misconduct;
        (5) the number of certifying health care professionals
    physicians providing written certifications for qualifying
    patients; and
        (6) the number of registered medical cannabis
    cultivation centers or registered dispensing
    organizations;
        (7) the number of Opioid Alternative Pilot Program
    participants.
(Source: P.A. 100-863, eff. 8-14-18; 100-1114, eff. 8-28-18.)
 
    (410 ILCS 130/173 new)
    Sec. 173. Conflicts of law. To the extent that any
provision of this Act conflicts with any Act that allows the
recreational use of cannabis, the provisions of that Act shall
control.
 
    (410 ILCS 130/195)
    (Section scheduled to be repealed on July 1, 2020)
    Sec. 195. Definitions. For the purposes of this Law:
    "Cultivation center" has the meaning ascribed to that term
in the Compassionate Use of Medical Cannabis Pilot Program Act.
    "Department" means the Department of Revenue.
    "Dispensing organization" has the meaning ascribed to that
term in the Compassionate Use of Medical Cannabis Pilot Program
Act.
    "Person" means an individual, partnership, corporation, or
public or private organization.
    "Qualifying patient" means a qualifying patient registered
under the Compassionate Use of Medical Cannabis Pilot Program
Act.
(Source: P.A. 98-122, eff. 1-1-14.)
 
    (410 ILCS 130/200)
    (Section scheduled to be repealed on July 1, 2020)
    Sec. 200. Tax imposed.
    (a) Beginning on the effective date of this Act, a tax is
imposed upon the privilege of cultivating medical cannabis at a
rate of 7% of the sales price per ounce. The proceeds from this
tax shall be deposited into the Compassionate Use of Medical
Cannabis Fund created under the Compassionate Use of Medical
Cannabis Pilot Program Act. This tax shall be paid by a
cultivation center and is not the responsibility of a
dispensing organization or a qualifying patient.
    (b) The tax imposed under this Act shall be in addition to
all other occupation or privilege taxes imposed by the State of
Illinois or by any municipal corporation or political
subdivision thereof.
(Source: P.A. 98-122, eff. 1-1-14.)
 
    (410 ILCS 130/135 rep.)
    (410 ILCS 130/220 rep.)
    Section 60. The Compassionate Use of Medical Cannabis Pilot
Program Act is amended by repealing Sections 135 and 220.
 
    Section 65. The Illinois Vehicle Code is amended by
changing Sections 2-118.2, 6-206.1, 11-501, and 11-501.9 as
follows:
 
    (625 ILCS 5/2-118.2)
    Sec. 2-118.2. Opportunity for hearing; medical
cannabis-related suspension under Section 11-501.9.
    (a) A suspension of driving privileges under Section
11-501.9 of this Code shall not become effective until the
person is notified in writing of the impending suspension and
informed that he or she may request a hearing in the circuit
court of venue under subsection (b) of this Section and the
suspension shall become effective as provided in Section
11-501.9.
    (b) Within 90 days after the notice of suspension served
under Section 11-501.9, the person may make a written request
for a judicial hearing in the circuit court of venue. The
request to the circuit court shall state the grounds upon which
the person seeks to have the suspension rescinded. Within 30
days after receipt of the written request or the first
appearance date on the Uniform Traffic Ticket issued for a
violation of Section 11-501 of this Code, or a similar
provision of a local ordinance, the hearing shall be conducted
by the circuit court having jurisdiction. This judicial
hearing, request, or process shall not stay or delay the
suspension. The hearing shall proceed in the court in the same
manner as in other civil proceedings.
    The hearing may be conducted upon a review of the law
enforcement officer's own official reports; provided however,
that the person may subpoena the officer. Failure of the
officer to answer the subpoena shall be considered grounds for
a continuance if in the court's discretion the continuance is
appropriate.
    The scope of the hearing shall be limited to the issues of:
        (1) Whether the person was issued a registry
    identification card under the Compassionate Use of Medical
    Cannabis Pilot Program Act; and
        (2) Whether the officer had reasonable suspicion to
    believe that the person was driving or in actual physical
    control of a motor vehicle upon a highway while impaired by
    the use of cannabis; and
        (3) Whether the person, after being advised by the
    officer that the privilege to operate a motor vehicle would
    be suspended if the person refused to submit to and
    complete the field sobriety tests, did refuse to submit to
    or complete the field sobriety tests authorized under
    Section 11-501.9; and
        (4) Whether the person after being advised by the
    officer that the privilege to operate a motor vehicle would
    be suspended if the person submitted to field sobriety
    tests that disclosed the person was impaired by the use of
    cannabis, did submit to field sobriety tests that disclosed
    that the person was impaired by the use of cannabis.
    Upon the conclusion of the judicial hearing, the circuit
court shall sustain or rescind the suspension and immediately
notify the Secretary of State. Reports received by the
Secretary of State under this Section shall be privileged
information and for use only by the courts, police officers,
and Secretary of State.
(Source: P.A. 98-1172, eff. 1-12-15.)
 
    (625 ILCS 5/6-206.1)  (from Ch. 95 1/2, par. 6-206.1)
    Sec. 6-206.1. Monitoring Device Driving Permit.
Declaration of Policy. It is hereby declared a policy of the
State of Illinois that the driver who is impaired by alcohol,
other drug or drugs, or intoxicating compound or compounds is a
threat to the public safety and welfare. Therefore, to provide
a deterrent to such practice, a statutory summary driver's
license suspension is appropriate. It is also recognized that
driving is a privilege and therefore, that the granting of
driving privileges, in a manner consistent with public safety,
is warranted during the period of suspension in the form of a
monitoring device driving permit. A person who drives and fails
to comply with the requirements of the monitoring device
driving permit commits a violation of Section 6-303 of this
Code.
    The following procedures shall apply whenever a first
offender, as defined in Section 11-500 of this Code, is
arrested for any offense as defined in Section 11-501 or a
similar provision of a local ordinance and is subject to the
provisions of Section 11-501.1:
    (a) Upon mailing of the notice of suspension of driving
privileges as provided in subsection (h) of Section 11-501.1 of
this Code, the Secretary shall also send written notice
informing the person that he or she will be issued a monitoring
device driving permit (MDDP). The notice shall include, at
minimum, information summarizing the procedure to be followed
for issuance of the MDDP, installation of the breath alcohol
ignition installation device (BAIID), as provided in this
Section, exemption from BAIID installation requirements, and
procedures to be followed by those seeking indigent status, as
provided in this Section. The notice shall also include
information summarizing the procedure to be followed if the
person wishes to decline issuance of the MDDP. A copy of the
notice shall also be sent to the court of venue together with
the notice of suspension of driving privileges, as provided in
subsection (h) of Section 11-501. However, a MDDP shall not be
issued if the Secretary finds that:
        (1) the offender's driver's license is otherwise
    invalid;
        (2) death or great bodily harm to another resulted from
    the arrest for Section 11-501;
        (3) the offender has been previously convicted of
    reckless homicide or aggravated driving under the
    influence involving death;
        (4) the offender is less than 18 years of age; or
        (5) the offender is a qualifying patient licensed under
    the Compassionate Use of Medical Cannabis Pilot Program Act
    who is in possession of a valid registry card issued under
    that Act and refused to submit to standardized field
    sobriety tests as required by subsection (a) of Section
    11-501.9 or did submit to testing which disclosed the
    person was impaired by the use of cannabis.
    Any offender participating in the MDDP program must pay the
Secretary a MDDP Administration Fee in an amount not to exceed
$30 per month, to be deposited into the Monitoring Device
Driving Permit Administration Fee Fund. The Secretary shall
establish by rule the amount and the procedures, terms, and
conditions relating to these fees. The offender must have an
ignition interlock device installed within 14 days of the date
the Secretary issues the MDDP. The ignition interlock device
provider must notify the Secretary, in a manner and form
prescribed by the Secretary, of the installation. If the
Secretary does not receive notice of installation, the
Secretary shall cancel the MDDP.
    Upon receipt of the notice, as provided in paragraph (a) of
this Section, the person may file a petition to decline
issuance of the MDDP with the court of venue. The court shall
admonish the offender of all consequences of declining issuance
of the MDDP including, but not limited to, the enhanced
penalties for driving while suspended. After being so
admonished, the offender shall be permitted, in writing, to
execute a notice declining issuance of the MDDP. This notice
shall be filed with the court and forwarded by the clerk of the
court to the Secretary. The offender may, at any time
thereafter, apply to the Secretary for issuance of a MDDP.
    (a-1) A person issued a MDDP may drive for any purpose and
at any time, subject to the rules adopted by the Secretary
under subsection (g). The person must, at his or her own
expense, drive only vehicles equipped with an ignition
interlock device as defined in Section 1-129.1, but in no event
shall such person drive a commercial motor vehicle.
    (a-2) Persons who are issued a MDDP and must drive
employer-owned vehicles in the course of their employment
duties may seek permission to drive an employer-owned vehicle
that does not have an ignition interlock device. The employer
shall provide to the Secretary a form, as prescribed by the
Secretary, completed by the employer verifying that the
employee must drive an employer-owned vehicle in the course of
employment. If approved by the Secretary, the form must be in
the driver's possession while operating an employer-owner
vehicle not equipped with an ignition interlock device. No
person may use this exemption to drive a school bus, school
vehicle, or a vehicle designed to transport more than 15
passengers. No person may use this exemption to drive an
employer-owned motor vehicle that is owned by an entity that is
wholly or partially owned by the person holding the MDDP, or by
a family member of the person holding the MDDP. No person may
use this exemption to drive an employer-owned vehicle that is
made available to the employee for personal use. No person may
drive the exempted vehicle more than 12 hours per day, 6 days
per week.
    (a-3) Persons who are issued a MDDP and who must drive a
farm tractor to and from a farm, within 50 air miles from the
originating farm are exempt from installation of a BAIID on the
farm tractor, so long as the farm tractor is being used for the
exclusive purpose of conducting farm operations.
    (b) (Blank).
    (c) (Blank).
    (c-1) If the holder of the MDDP is convicted of or receives
court supervision for a violation of Section 6-206.2, 6-303,
11-204, 11-204.1, 11-401, 11-501, 11-503, 11-506 or a similar
provision of a local ordinance or a similar out-of-state
offense or is convicted of or receives court supervision for
any offense for which alcohol or drugs is an element of the
offense and in which a motor vehicle was involved (for an
arrest other than the one for which the MDDP is issued), or
de-installs the BAIID without prior authorization from the
Secretary, the MDDP shall be cancelled.
    (c-5) If the Secretary determines that the person seeking
the MDDP is indigent, the Secretary shall provide the person
with a written document as evidence of that determination, and
the person shall provide that written document to an ignition
interlock device provider. The provider shall install an
ignition interlock device on that person's vehicle without
charge to the person, and seek reimbursement from the Indigent
BAIID Fund. If the Secretary has deemed an offender indigent,
the BAIID provider shall also provide the normal monthly
monitoring services and the de-installation without charge to
the offender and seek reimbursement from the Indigent BAIID
Fund. Any other monetary charges, such as a lockout fee or
reset fee, shall be the responsibility of the MDDP holder. A
BAIID provider may not seek a security deposit from the
Indigent BAIID Fund.
    (d) MDDP information shall be available only to the courts,
police officers, and the Secretary, except during the actual
period the MDDP is valid, during which time it shall be a
public record.
    (e) (Blank).
    (f) (Blank).
    (g) The Secretary shall adopt rules for implementing this
Section. The rules adopted shall address issues including, but
not limited to: compliance with the requirements of the MDDP;
methods for determining compliance with those requirements;
the consequences of noncompliance with those requirements;
what constitutes a violation of the MDDP; methods for
determining indigency; and the duties of a person or entity
that supplies the ignition interlock device.
    (h) The rules adopted under subsection (g) shall provide,
at a minimum, that the person is not in compliance with the
requirements of the MDDP if he or she:
        (1) tampers or attempts to tamper with or circumvent
    the proper operation of the ignition interlock device;
        (2) provides valid breath samples that register blood
    alcohol levels in excess of the number of times allowed
    under the rules;
        (3) fails to provide evidence sufficient to satisfy the
    Secretary that the ignition interlock device has been
    installed in the designated vehicle or vehicles; or
        (4) fails to follow any other applicable rules adopted
    by the Secretary.
    (i) Any person or entity that supplies an ignition
interlock device as provided under this Section shall, in
addition to supplying only those devices which fully comply
with all the rules adopted under subsection (g), provide the
Secretary, within 7 days of inspection, all monitoring reports
of each person who has had an ignition interlock device
installed. These reports shall be furnished in a manner or form
as prescribed by the Secretary.
    (j) Upon making a determination that a violation of the
requirements of the MDDP has occurred, the Secretary shall
extend the summary suspension period for an additional 3 months
beyond the originally imposed summary suspension period,
during which time the person shall only be allowed to drive
vehicles equipped with an ignition interlock device; provided
further there are no limitations on the total number of times
the summary suspension may be extended. The Secretary may,
however, limit the number of extensions imposed for violations
occurring during any one monitoring period, as set forth by
rule. Any person whose summary suspension is extended pursuant
to this Section shall have the right to contest the extension
through a hearing with the Secretary, pursuant to Section 2-118
of this Code. If the summary suspension has already terminated
prior to the Secretary receiving the monitoring report that
shows a violation, the Secretary shall be authorized to suspend
the person's driving privileges for 3 months, provided that the
Secretary may, by rule, limit the number of suspensions to be
entered pursuant to this paragraph for violations occurring
during any one monitoring period. Any person whose license is
suspended pursuant to this paragraph, after the summary
suspension had already terminated, shall have the right to
contest the suspension through a hearing with the Secretary,
pursuant to Section 2-118 of this Code. The only permit the
person shall be eligible for during this new suspension period
is a MDDP.
    (k) A person who has had his or her summary suspension
extended for the third time, or has any combination of 3
extensions and new suspensions, entered as a result of a
violation that occurred while holding the MDDP, so long as the
extensions and new suspensions relate to the same summary
suspension, shall have his or her vehicle impounded for a
period of 30 days, at the person's own expense. A person who
has his or her summary suspension extended for the fourth time,
or has any combination of 4 extensions and new suspensions,
entered as a result of a violation that occurred while holding
the MDDP, so long as the extensions and new suspensions relate
to the same summary suspension, shall have his or her vehicle
subject to seizure and forfeiture. The Secretary shall notify
the prosecuting authority of any third or fourth extensions or
new suspension entered as a result of a violation that occurred
while the person held a MDDP. Upon receipt of the notification,
the prosecuting authority shall impound or forfeit the vehicle.
The impoundment or forfeiture of a vehicle shall be conducted
pursuant to the procedure specified in Article 36 of the
Criminal Code of 2012.
    (l) A person whose driving privileges have been suspended
under Section 11-501.1 of this Code and who had a MDDP that was
cancelled, or would have been cancelled had notification of a
violation been received prior to expiration of the MDDP,
pursuant to subsection (c-1) of this Section, shall not be
eligible for reinstatement when the summary suspension is
scheduled to terminate. Instead, the person's driving
privileges shall be suspended for a period of not less than
twice the original summary suspension period, or for the length
of any extensions entered under subsection (j), whichever is
longer. During the period of suspension, the person shall be
eligible only to apply for a restricted driving permit. If a
restricted driving permit is granted, the offender may only
operate vehicles equipped with a BAIID in accordance with this
Section.
    (m) Any person or entity that supplies an ignition
interlock device under this Section shall, for each ignition
interlock device installed, pay 5% of the total gross revenue
received for the device, including monthly monitoring fees,
into the Indigent BAIID Fund. This 5% shall be clearly
indicated as a separate surcharge on each invoice that is
issued. The Secretary shall conduct an annual review of the
fund to determine whether the surcharge is sufficient to
provide for indigent users. The Secretary may increase or
decrease this surcharge requirement as needed.
    (n) Any person or entity that supplies an ignition
interlock device under this Section that is requested to
provide an ignition interlock device to a person who presents
written documentation of indigency from the Secretary, as
provided in subsection (c-5) of this Section, shall install the
device on the person's vehicle without charge to the person and
shall seek reimbursement from the Indigent BAIID Fund.
    (o) The Indigent BAIID Fund is created as a special fund in
the State treasury. The Secretary shall, subject to
appropriation by the General Assembly, use all money in the
Indigent BAIID Fund to reimburse ignition interlock device
providers who have installed devices in vehicles of indigent
persons. The Secretary shall make payments to such providers
every 3 months. If the amount of money in the fund at the time
payments are made is not sufficient to pay all requests for
reimbursement submitted during that 3 month period, the
Secretary shall make payments on a pro-rata basis, and those
payments shall be considered payment in full for the requests
submitted.
    (p) The Monitoring Device Driving Permit Administration
Fee Fund is created as a special fund in the State treasury.
The Secretary shall, subject to appropriation by the General
Assembly, use the money paid into this fund to offset its
administrative costs for administering MDDPs.
    (q) The Secretary is authorized to prescribe such forms as
it deems necessary to carry out the provisions of this Section.
(Source: P.A. 98-122, eff. 1-1-14; 98-1015, eff. 8-22-14;
98-1172, eff. 1-12-15; 99-467, eff. 1-1-16.)
 
    (625 ILCS 5/11-501)  (from Ch. 95 1/2, par. 11-501)
    Sec. 11-501. Driving while under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds or any
combination thereof.
    (a) A person shall not drive or be in actual physical
control of any vehicle within this State while:
        (1) the alcohol concentration in the person's blood,
    other bodily substance, or breath is 0.08 or more based on
    the definition of blood and breath units in Section
    11-501.2;
        (2) under the influence of alcohol;
        (3) under the influence of any intoxicating compound or
    combination of intoxicating compounds to a degree that
    renders the person incapable of driving safely;
        (4) under the influence of any other drug or
    combination of drugs to a degree that renders the person
    incapable of safely driving;
        (5) under the combined influence of alcohol, other drug
    or drugs, or intoxicating compound or compounds to a degree
    that renders the person incapable of safely driving;
        (6) there is any amount of a drug, substance, or
    compound in the person's breath, blood, other bodily
    substance, or urine resulting from the unlawful use or
    consumption of a controlled substance listed in the
    Illinois Controlled Substances Act, an intoxicating
    compound listed in the Use of Intoxicating Compounds Act,
    or methamphetamine as listed in the Methamphetamine
    Control and Community Protection Act; or
        (7) the person has, within 2 hours of driving or being
    in actual physical control of a vehicle, a
    tetrahydrocannabinol concentration in the person's whole
    blood or other bodily substance as defined in paragraph 6
    of subsection (a) of Section 11-501.2 of this Code. Subject
    to all other requirements and provisions under this
    Section, this paragraph (7) does not apply to the lawful
    consumption of cannabis by a qualifying patient licensed
    under the Compassionate Use of Medical Cannabis Pilot
    Program Act who is in possession of a valid registry card
    issued under that Act, unless that person is impaired by
    the use of cannabis.
    (b) The fact that any person charged with violating this
Section is or has been legally entitled to use alcohol,
cannabis under the Compassionate Use of Medical Cannabis Pilot
Program Act, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof, shall not constitute a
defense against any charge of violating this Section.
    (c) Penalties.
        (1) Except as otherwise provided in this Section, any
    person convicted of violating subsection (a) of this
    Section is guilty of a Class A misdemeanor.
        (2) A person who violates subsection (a) or a similar
    provision a second time shall be sentenced to a mandatory
    minimum term of either 5 days of imprisonment or 240 hours
    of community service in addition to any other criminal or
    administrative sanction.
        (3) A person who violates subsection (a) is subject to
    6 months of imprisonment, an additional mandatory minimum
    fine of $1,000, and 25 days of community service in a
    program benefiting children if the person was transporting
    a person under the age of 16 at the time of the violation.
        (4) A person who violates subsection (a) a first time,
    if the alcohol concentration in his or her blood, breath,
    other bodily substance, or urine was 0.16 or more based on
    the definition of blood, breath, other bodily substance, or
    urine units in Section 11-501.2, shall be subject, in
    addition to any other penalty that may be imposed, to a
    mandatory minimum of 100 hours of community service and a
    mandatory minimum fine of $500.
        (5) A person who violates subsection (a) a second time,
    if at the time of the second violation the alcohol
    concentration in his or her blood, breath, other bodily
    substance, or urine was 0.16 or more based on the
    definition of blood, breath, other bodily substance, or
    urine units in Section 11-501.2, shall be subject, in
    addition to any other penalty that may be imposed, to a
    mandatory minimum of 2 days of imprisonment and a mandatory
    minimum fine of $1,250.
    (d) Aggravated driving under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds, or
any combination thereof.
        (1) Every person convicted of committing a violation of
    this Section shall be guilty of aggravated driving under
    the influence of alcohol, other drug or drugs, or
    intoxicating compound or compounds, or any combination
    thereof if:
            (A) the person committed a violation of subsection
        (a) or a similar provision for the third or subsequent
        time;
            (B) the person committed a violation of subsection
        (a) while driving a school bus with one or more
        passengers on board;
            (C) the person in committing a violation of
        subsection (a) was involved in a motor vehicle accident
        that resulted in great bodily harm or permanent
        disability or disfigurement to another, when the
        violation was a proximate cause of the injuries;
            (D) the person committed a violation of subsection
        (a) and has been previously convicted of violating
        Section 9-3 of the Criminal Code of 1961 or the
        Criminal Code of 2012 or a similar provision of a law
        of another state relating to reckless homicide in which
        the person was determined to have been under the
        influence of alcohol, other drug or drugs, or
        intoxicating compound or compounds as an element of the
        offense or the person has previously been convicted
        under subparagraph (C) or subparagraph (F) of this
        paragraph (1);
            (E) the person, in committing a violation of
        subsection (a) while driving at any speed in a school
        speed zone at a time when a speed limit of 20 miles per
        hour was in effect under subsection (a) of Section
        11-605 of this Code, was involved in a motor vehicle
        accident that resulted in bodily harm, other than great
        bodily harm or permanent disability or disfigurement,
        to another person, when the violation of subsection (a)
        was a proximate cause of the bodily harm;
            (F) the person, in committing a violation of
        subsection (a), was involved in a motor vehicle,
        snowmobile, all-terrain vehicle, or watercraft
        accident that resulted in the death of another person,
        when the violation of subsection (a) was a proximate
        cause of the death;
            (G) the person committed a violation of subsection
        (a) during a period in which the defendant's driving
        privileges are revoked or suspended, where the
        revocation or suspension was for a violation of
        subsection (a) or a similar provision, Section
        11-501.1, paragraph (b) of Section 11-401, or for
        reckless homicide as defined in Section 9-3 of the
        Criminal Code of 1961 or the Criminal Code of 2012;
            (H) the person committed the violation while he or
        she did not possess a driver's license or permit or a
        restricted driving permit or a judicial driving permit
        or a monitoring device driving permit;
            (I) the person committed the violation while he or
        she knew or should have known that the vehicle he or
        she was driving was not covered by a liability
        insurance policy;
            (J) the person in committing a violation of
        subsection (a) was involved in a motor vehicle accident
        that resulted in bodily harm, but not great bodily
        harm, to the child under the age of 16 being
        transported by the person, if the violation was the
        proximate cause of the injury;
            (K) the person in committing a second violation of
        subsection (a) or a similar provision was transporting
        a person under the age of 16; or
            (L) the person committed a violation of subsection
        (a) of this Section while transporting one or more
        passengers in a vehicle for-hire.
        (2)(A) Except as provided otherwise, a person
    convicted of aggravated driving under the influence of
    alcohol, other drug or drugs, or intoxicating compound or
    compounds, or any combination thereof is guilty of a Class
    4 felony.
        (B) A third violation of this Section or a similar
    provision is a Class 2 felony. If at the time of the third
    violation the alcohol concentration in his or her blood,
    breath, other bodily substance, or urine was 0.16 or more
    based on the definition of blood, breath, other bodily
    substance, or urine units in Section 11-501.2, a mandatory
    minimum of 90 days of imprisonment and a mandatory minimum
    fine of $2,500 shall be imposed in addition to any other
    criminal or administrative sanction. If at the time of the
    third violation, the defendant was transporting a person
    under the age of 16, a mandatory fine of $25,000 and 25
    days of community service in a program benefiting children
    shall be imposed in addition to any other criminal or
    administrative sanction.
        (C) A fourth violation of this Section or a similar
    provision is a Class 2 felony, for which a sentence of
    probation or conditional discharge may not be imposed. If
    at the time of the violation, the alcohol concentration in
    the defendant's blood, breath, other bodily substance, or
    urine was 0.16 or more based on the definition of blood,
    breath, other bodily substance, or urine units in Section
    11-501.2, a mandatory minimum fine of $5,000 shall be
    imposed in addition to any other criminal or administrative
    sanction. If at the time of the fourth violation, the
    defendant was transporting a person under the age of 16 a
    mandatory fine of $25,000 and 25 days of community service
    in a program benefiting children shall be imposed in
    addition to any other criminal or administrative sanction.
        (D) A fifth violation of this Section or a similar
    provision is a Class 1 felony, for which a sentence of
    probation or conditional discharge may not be imposed. If
    at the time of the violation, the alcohol concentration in
    the defendant's blood, breath, other bodily substance, or
    urine was 0.16 or more based on the definition of blood,
    breath, other bodily substance, or urine units in Section
    11-501.2, a mandatory minimum fine of $5,000 shall be
    imposed in addition to any other criminal or administrative
    sanction. If at the time of the fifth violation, the
    defendant was transporting a person under the age of 16, a
    mandatory fine of $25,000, and 25 days of community service
    in a program benefiting children shall be imposed in
    addition to any other criminal or administrative sanction.
        (E) A sixth or subsequent violation of this Section or
    similar provision is a Class X felony. If at the time of
    the violation, the alcohol concentration in the
    defendant's blood, breath, other bodily substance, or
    urine was 0.16 or more based on the definition of blood,
    breath, other bodily substance, or urine units in Section
    11-501.2, a mandatory minimum fine of $5,000 shall be
    imposed in addition to any other criminal or administrative
    sanction. If at the time of the violation, the defendant
    was transporting a person under the age of 16, a mandatory
    fine of $25,000 and 25 days of community service in a
    program benefiting children shall be imposed in addition to
    any other criminal or administrative sanction.
        (F) For a violation of subparagraph (C) of paragraph
    (1) of this subsection (d), the defendant, if sentenced to
    a term of imprisonment, shall be sentenced to not less than
    one year nor more than 12 years.
        (G) A violation of subparagraph (F) of paragraph (1) of
    this subsection (d) is a Class 2 felony, for which the
    defendant, unless the court determines that extraordinary
    circumstances exist and require probation, shall be
    sentenced to: (i) a term of imprisonment of not less than 3
    years and not more than 14 years if the violation resulted
    in the death of one person; or (ii) a term of imprisonment
    of not less than 6 years and not more than 28 years if the
    violation resulted in the deaths of 2 or more persons.
        (H) For a violation of subparagraph (J) of paragraph
    (1) of this subsection (d), a mandatory fine of $2,500, and
    25 days of community service in a program benefiting
    children shall be imposed in addition to any other criminal
    or administrative sanction.
        (I) A violation of subparagraph (K) of paragraph (1) of
    this subsection (d), is a Class 2 felony and a mandatory
    fine of $2,500, and 25 days of community service in a
    program benefiting children shall be imposed in addition to
    any other criminal or administrative sanction. If the child
    being transported suffered bodily harm, but not great
    bodily harm, in a motor vehicle accident, and the violation
    was the proximate cause of that injury, a mandatory fine of
    $5,000 and 25 days of community service in a program
    benefiting children shall be imposed in addition to any
    other criminal or administrative sanction.
        (J) A violation of subparagraph (D) of paragraph (1) of
    this subsection (d) is a Class 3 felony, for which a
    sentence of probation or conditional discharge may not be
    imposed.
        (3) Any person sentenced under this subsection (d) who
    receives a term of probation or conditional discharge must
    serve a minimum term of either 480 hours of community
    service or 10 days of imprisonment as a condition of the
    probation or conditional discharge in addition to any other
    criminal or administrative sanction.
    (e) Any reference to a prior violation of subsection (a) or
a similar provision includes any violation of a provision of a
local ordinance or a provision of a law of another state or an
offense committed on a military installation that is similar to
a violation of subsection (a) of this Section.
    (f) The imposition of a mandatory term of imprisonment or
assignment of community service for a violation of this Section
shall not be suspended or reduced by the court.
    (g) Any penalty imposed for driving with a license that has
been revoked for a previous violation of subsection (a) of this
Section shall be in addition to the penalty imposed for any
subsequent violation of subsection (a).
    (h) For any prosecution under this Section, a certified
copy of the driving abstract of the defendant shall be admitted
as proof of any prior conviction.
(Source: P.A. 98-122, eff. 1-1-14; 98-573, eff. 8-27-13;
98-756, eff. 7-16-14; 99-697, eff. 7-29-16.)
 
    (625 ILCS 5/11-501.9)
    Sec. 11-501.9. Suspension of driver's license; medical
cannabis card holder; failure or refusal of field sobriety
tests; implied consent.
    (a) A person who has been issued a registry identification
card under the Compassionate Use of Medical Cannabis Pilot
Program Act who drives or is in actual physical control of a
motor vehicle upon the public highways of this State shall be
deemed to have given consent to standardized field sobriety
tests approved by the National Highway Traffic Safety
Administration, under subsection (a-5) of Section 11-501.2 of
this Code, if detained by a law enforcement officer who has a
reasonable suspicion that the person is driving or is in actual
physical control of a motor vehicle while impaired by the use
of cannabis. The law enforcement officer must have an
independent, cannabis-related factual basis giving reasonable
suspicion that the person is driving or in actual physical
control of a motor vehicle while impaired by the use of
cannabis for conducting standardized field sobriety tests,
which shall be included with the results of the field sobriety
tests in any report made by the law enforcement officer who
requests the test. The person's possession of a registry
identification card issued under the Compassionate Use of
Medical Cannabis Pilot Program Act alone is not a sufficient
basis for reasonable suspicion.
    For purposes of this Section, a law enforcement officer of
this State who is investigating a person for an offense under
Section 11-501 of this Code may travel into an adjoining state
where the person has been transported for medical care to
complete an investigation and to request that the person submit
to field sobriety tests under this Section.
    (b) A person who is unconscious, or otherwise in a
condition rendering the person incapable of refusal, shall be
deemed to have withdrawn the consent provided by subsection (a)
of this Section.
    (c) A person requested to submit to field sobriety tests,
as provided in this Section, shall be warned by the law
enforcement officer requesting the field sobriety tests that a
refusal to submit to the field sobriety tests will result in
the suspension of the person's privilege to operate a motor
vehicle, as provided in subsection (f) of this Section. The
person shall also be warned by the law enforcement officer that
if the person submits to field sobriety tests as provided in
this Section which disclose the person is impaired by the use
of cannabis, a suspension of the person's privilege to operate
a motor vehicle, as provided in subsection (f) of this Section,
will be imposed.
    (d) The results of field sobriety tests administered under
this Section shall be admissible in a civil or criminal action
or proceeding arising from an arrest for an offense as defined
in Section 11-501 of this Code or a similar provision of a
local ordinance. These test results shall be admissible only in
actions or proceedings directly related to the incident upon
which the test request was made.
    (e) If the person refuses field sobriety tests or submits
to field sobriety tests that disclose the person is impaired by
the use of cannabis, the law enforcement officer shall
immediately submit a sworn report to the circuit court of venue
and the Secretary of State certifying that testing was
requested under this Section and that the person refused to
submit to field sobriety tests or submitted to field sobriety
tests that disclosed the person was impaired by the use of
cannabis. The sworn report must include the law enforcement
officer's factual basis for reasonable suspicion that the
person was impaired by the use of cannabis.
    (f) Upon receipt of the sworn report of a law enforcement
officer submitted under subsection (e) of this Section, the
Secretary of State shall enter the suspension to the driving
record as follows:
        (1) for refusal or failure to complete field sobriety
    tests, a 12 month suspension shall be entered; or
        (2) for submitting to field sobriety tests that
    disclosed the driver was impaired by the use of cannabis, a
    6 month suspension shall be entered.
    The Secretary of State shall confirm the suspension by
mailing a notice of the effective date of the suspension to the
person and the court of venue. However, should the sworn report
be defective for insufficient information or be completed in
error, the confirmation of the suspension shall not be mailed
to the person or entered to the record; instead, the sworn
report shall be forwarded to the court of venue with a copy
returned to the issuing agency identifying the defect.
    (g) The law enforcement officer submitting the sworn report
under subsection (e) of this Section shall serve immediate
notice of the suspension on the person and the suspension shall
be effective as provided in subsection (h) of this Section. If
immediate notice of the suspension cannot be given, the
arresting officer or arresting agency shall give notice by
deposit in the United States mail of the notice in an envelope
with postage prepaid and addressed to the person at his or her
address as shown on the Uniform Traffic Ticket and the
suspension shall begin as provided in subsection (h) of this
Section. The officer shall confiscate any Illinois driver's
license or permit on the person at the time of arrest. If the
person has a valid driver's license or permit, the officer
shall issue the person a receipt, in a form prescribed by the
Secretary of State, that will allow the person to drive during
the period provided for in subsection (h) of this Section. The
officer shall immediately forward the driver's license or
permit to the circuit court of venue along with the sworn
report under subsection (e) of this Section.
    (h) The suspension under subsection (f) of this Section
shall take effect on the 46th day following the date the notice
of the suspension was given to the person.
    (i) When a driving privilege has been suspended under this
Section and the person is subsequently convicted of violating
Section 11-501 of this Code, or a similar provision of a local
ordinance, for the same incident, any period served on
suspension under this Section shall be credited toward the
minimum period of revocation of driving privileges imposed
under Section 6-205 of this Code.
(Source: P.A. 98-1172, eff. 1-12-15.)
 
    Section 70. The Cannabis Control Act is amended by changing
Section 5.3 as follows:
 
    (720 ILCS 550/5.3)
    Sec. 5.3. Unlawful use of cannabis-based product
manufacturing equipment.
    (a) A person commits unlawful use of cannabis-based product
manufacturing equipment when he or she knowingly engages in the
possession, procurement, transportation, storage, or delivery
of any equipment used in the manufacturing of any
cannabis-based product using volatile or explosive gas,
including, but not limited to, canisters of butane gas, with
the intent to manufacture, compound, covert, produce, derive,
process, or prepare either directly or indirectly any
cannabis-based product.
    (b) This Section does not apply to a cultivation center or
cultivation center agent that prepares medical cannabis or
cannabis-infused products in compliance with the Compassionate
Use of Medical Cannabis Pilot Program Act and Department of
Public Health and Department of Agriculture rules.
    (c) Sentence. A person who violates this Section is guilty
of a Class 2 felony.
(Source: P.A. 99-697, eff. 7-29-16.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law, except that Section 33, if it becomes law, takes
effect upon becoming law or on the date House Bill 1438 of the
101st General Assembly takes effect, whichever is later.