Rep. Carol Ammons

Filed: 3/18/2019

 

 


 

 


 
10100HB0902ham001LRB101 08006 RLC 57865 a

1
AMENDMENT TO HOUSE BILL 902

2    AMENDMENT NO. ______. Amend House Bill 902 on page 3, by
3inserting immediately below line 16 the following:
4    ""Cannabis delivery service" means a business that is
5solely engaged in transporting cannabis between businesses or
6to consumers with the exception of a "cannabis nursery"
7business that may transport live cannabis plants."; and
 
8on page 4, by inserting immediately below line 4 the following:
9    ""Canopy space" means actual space dedicated to
10cultivating cannabis where cannabis plants are growing."; and
 
11on page 5, by inserting immediately below line 2 the following:
12    ""Onsite cannabis consumption facility" means a public or
13private venue where onsite cannabis consumption, including
14smoking and vaping, eating, and topically applying cannabis is
15permitted."; and
 

 

 

10100HB0902ham001- 2 -LRB101 08006 RLC 57865 a

1by replacing line 19 on page 14 through line 18 on page 15 with
2the following:
 
3    "Section 50.5. Cannabis cultivation facility; licenses.
4    (a) The following cannabis cultivation facility licenses
5shall be issued by the Department:
6        (1) Type 1 - Specialty outdoor,
7        (2) Type 1A - Specialty indoor,
8        (3) Type 1B - Specialty mixed lighting,
9        (4) Type 2 - Small outdoor,
10        (5) Type 2A - Small indoor,
11        (6) Type 2B - Small mixed lighting,
12        (7) Type 3 - Craft outdoor,
13        (8) Type 3A - Craft indoor lighting,
14        (9) Type 3B - Craft mixed lighting,
15        (10) Type 4 - Outdoor,    
16        (10) Type 4A - Indoor,    
17        (11) Type 4B - Mixed lighting,
18        (12) Type 5 - Nursery.
19    (b) A Type 1 specialty outdoor licensed cannabis
20cultivation facility shall:
21        (1) contain no artificial lighting; and
22        (2) be comprised of less than or equal to 5,000 square
23    feet of canopy space on one premises or up to 50 mature
24    plants in non-contiguous plots.
25    (c) A Type 1A specialty indoor licensed cannabis

 

 

10100HB0902ham001- 3 -LRB101 08006 RLC 57865 a

1cultivation facility shall use artificial light and be
2comprised of less than or equal to 5,000 square feet of canopy
3space.
4    (d) A Type 1B specialty mixed lighting licensed cannabis
5cultivation facility shall have a combination of natural and
6artificial lighting, the maximum threshold to be set by the
7Department, and be comprised of less than or equal to 5,000
8square feet of canopy space.
9    (e) A Type 2 small outdoor licensed cannabis cultivation
10facility shall have no artificial lighting and be comprised of
115,001 to 10,000 square feet of canopy space.
12    (f) A Type 2A small indoor licensed cannabis cultivation
13facility shall have exclusively artificial lighting and be
14comprised of 5,001 to 10,000 square feet of canopy space.
15    (g) A Type 2B small mixed lighting licensed cannabis
16cultivation facility shall have a combination of natural and
17artificial lighting and be comprised of 5,001 to 10,000 square
18feet of canopy space.
19    (h) A Type 3 craft outdoor licensed cannabis cultivation
20facility shall have no artificial lighting and be comprised of
21at least 10,001 square feet and not exceeding 100,000 square
22feet of canopy space.
23    (i) A Type 3A craft indoor lighting licensed cannabis
24cultivation facility shall have artificial lighting and be
25comprised of at least 10,001 square feet and not exceeding
26100,000 square feet of canopy space.

 

 

10100HB0902ham001- 4 -LRB101 08006 RLC 57865 a

1    (j) A Type 3B craft mixed lighting licensed cannabis
2cultivation facility shall have a combination of natural and
3artificial lighting and be comprised of 10,001 square feet and
4not exceeding 100,000 square feet of canopy space.
5    (k) A Type 4 outdoor licensed cannabis cultivation facility
6shall have no artificial lighting and equal or exceed 100,001
7square feet of canopy space.
8    (l) A Type 4A indoor licensed cannabis cultivation facility
9shall have exclusively artificial lighting and equal or exceed
10100,001 square feet of canopy space.
11    (m) A Type 4B mixed lighting licensed cannabis cultivation
12facility shall have a combination of natural and artificial
13lighting and equal or exceed 100,001 square feet of canopy
14space.
15    (n) A Type 5 nursery licensed cannabis cultivation facility
16shall cultivate solely as a nursery and may transport live
17cannabis plants.
18    (o) A limited amount of Type 4, 4A, and 4B licenses shall
19be issued by the Department as established by Department rule.
20    (p) A Type 1, Type 1A, 1B, 2, 2A, 2B, 3, 3A, 3B, 4, 4A, or
214B cannabis cultivation facility licensee may apply to the
22Department for issuance of an onsite cannabis consumption
23facility license.
 
24    Section 51. Percentage of cannabis cultivation facilities
25and retail cannabis stores owned and operated by minorities.

 

 

10100HB0902ham001- 5 -LRB101 08006 RLC 57865 a

1    (a) In this Section:
2        "Community disproportionately harmed by the war on
3    drugs" means a census tract or tracts in which a majority
4    of the population is any of the following:
5        (1) Black or African American;
6        (2) American Indian or Alaska Native; or
7        (3) Hispanic or Latino.
8        "Minority" means a person who is any of the following:
9            (1) American Indian or Alaska Native (a person
10        having origins in any of the original peoples of North
11        and South America, including Central America, and who
12        maintains tribal affiliation or community attachment).
13            (2) Asian (a person having origins in any of the
14        original peoples of the Far East, Southeast Asia, or
15        the Indian subcontinent, including, but not limited
16        to, Cambodia, China, India, Japan, Korea, Malaysia,
17        Pakistan, the Philippine Islands, Thailand, and
18        Vietnam).
19            (3) Black or African American (a person having
20        origins in any of the black racial groups of Africa).
21        Terms such as "Haitian" or "Negro" can be used in
22        addition to "Black or African American".
23            (4) Hispanic or Latino (a person of Cuban, Mexican,
24        Puerto Rican, South or Central American, or other
25        Spanish culture or origin, regardless of race).
26            (5) Native Hawaiian or Other Pacific Islander (a

 

 

10100HB0902ham001- 6 -LRB101 08006 RLC 57865 a

1        person having origins in any of the original peoples of
2        Hawaii, Guam, Samoa, or other Pacific Islands).
3    (b) At least 51% of the cannabis cultivation facilities
4that are issued licenses by the Department of Agriculture shall
5be owned and operated by minorities and at least 51% of the
6retail cannabis stores that are issued licenses by the
7Department of Financial and Professional Regulation shall be
8owned and operated by minorities.
9    (c) The Department of Agriculture may not deny licenses for
10operation of cannabis cultivation facilities and the
11Department of Financial and Professional Regulation may not
12deny licenses for operation of retail cannabis stores to
13persons who apply for them to be located in communities
14disproportionately harmed by the war on drugs because of the
15applicants' prior felony convictions under the Cannabis
16Control Act, Illinois Controlled Substances Act, or
17Methamphetamine Control and Community Protection Act or
18similar federal laws or laws of another state or territory of
19the United States or any foreign country."; and
 
20on page 23, line 19, by replacing "30%" with "20%"; and
 
21on page 23, by inserting immediately below line 21 the
22following:
23    "(1.5) 10% shall be distributed to the Cannabis Equity
24Commission;"; and
 

 

 

10100HB0902ham001- 7 -LRB101 08006 RLC 57865 a

1on page 25, by inserting immediately below line 22 the
2following:
 
3    "Section 96. Cannabis Equity Commission.
4    (a) The Cannabis Equity Commission, hereinafter referred
5to as the Commission, is created within the Department of
6Revenue. The Commission shall consist of 5 members appointed by
7the Governor for 2-year terms. The Commission shall choose its
8chair and those other officers it deems appropriate. Three
9members of the Commission shall constitute a quorum to do
10business and the vote of at least 3 members shall be necessary
11for a decision of the Commission. The members Commission may
12receive compensation as provided by law and may be reimbursed
13for their actual expenses in serving on the Commission from
14appropriations made by law. The Department of Revenue shall
15provide administrative and other support to the Commission.
16    (b) The Commission shall:
17        (1) encourage and enforce equity participation;
18        (2) enforce community benefits agreements with
19    cannabis businesses licensed under this Act;
20        (3) ensure equity participants are not placeholders;
21        (4) create and develop cannabis apprenticeship
22    programs; and
23        (5) create cannabis zones, marketplaces, and
24    entertainment districts to supervise low interest loans to

 

 

10100HB0902ham001- 8 -LRB101 08006 RLC 57865 a

1    equity participants in the regulated cannabis industry.
2        (6) have power to approve or deny the issuance of
3    licenses for cannabis cultivation facilities and retail
4    cannabis stores. The Department of Agriculture and the
5    Department of Financial and Professional Regulation shall
6    upon receipt of applications for the licensing of cannabis
7    cultivation facilities and retail cannabis stores,
8    respectively, submit copies of those applications to the
9    Cannabis Equity Commission for approval or denial. If
10    within 180 days of the receipt of a license application,
11    the Cannabis Equity Commission denies the application, it
12    shall not be issued. If the Cannabis Equity Commission does
13    not approve or deny an application within that 180 day
14    period, the application shall be deemed to have been
15    approved by the Cannabis Equity Commission and shall be
16    issued by the respective licensing Department. An
17    applicant who is denied approval of his or her license
18    application by the Cannabis Equity Commission be appeal
19    that decision to the circuit court under the Administrative
20    Review Law."; and
 
21on page 26, by inserting immediately below line 1 the
22following:
 
23    "Section 895. The Election Code is amended by changing
24Section 9-45 as follows:
 

 

 

10100HB0902ham001- 9 -LRB101 08006 RLC 57865 a

1    (10 ILCS 5/9-45)
2    Sec. 9-45. Medical cannabis organization; contributions.
3It is unlawful for any medical cannabis cultivation center or
4medical cannabis dispensary organization or any political
5action committee created by any medical cannabis cultivation
6center or dispensary organization to make a campaign
7contribution to any political committee established to promote
8the candidacy of a candidate or public official. It is unlawful
9for any candidate, political committee, or other person to
10knowingly accept or receive any contribution prohibited by this
11Section. It is unlawful for any officer or agent of a medical
12cannabis cultivation center or dispensary organization to
13consent to any contribution or expenditure by the medical
14cannabis organization that is prohibited by this Section. As
15used in this Section, "medical cannabis cultivation center" and
16"dispensary organization" have the meaning ascribed to those
17terms in Section 10 of the Compassionate Use of Medical
18Cannabis Pilot Program Act.
19(Source: P.A. 98-122, eff. 1-1-14.)"; and
 
20on page 70, by inserting immediately below line 10 the
21following:
 
22    "Section 911. The Illinois Procurement Code is amended by
23changing Section 1-10 as follows:
 

 

 

10100HB0902ham001- 10 -LRB101 08006 RLC 57865 a

1    (30 ILCS 500/1-10)
2    Sec. 1-10. Application.
3    (a) This Code applies only to procurements for which
4bidders, offerors, potential contractors, or contractors were
5first solicited on or after July 1, 1998. This Code shall not
6be construed to affect or impair any contract, or any provision
7of a contract, entered into based on a solicitation prior to
8the implementation date of this Code as described in Article
999, including but not limited to any covenant entered into with
10respect to any revenue bonds or similar instruments. All
11procurements for which contracts are solicited between the
12effective date of Articles 50 and 99 and July 1, 1998 shall be
13substantially in accordance with this Code and its intent.
14    (b) This Code shall apply regardless of the source of the
15funds with which the contracts are paid, including federal
16assistance moneys. This Code shall not apply to:
17        (1) Contracts between the State and its political
18    subdivisions or other governments, or between State
19    governmental bodies, except as specifically provided in
20    this Code.
21        (2) Grants, except for the filing requirements of
22    Section 20-80.
23        (3) Purchase of care, except as provided in Section
24    5-30.6 of the Illinois Public Aid Code and this Section.
25        (4) Hiring of an individual as employee and not as an

 

 

10100HB0902ham001- 11 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 12 -LRB101 08006 RLC 57865 a

1    to the procurement requirements of Section 20 of the
2    Public-Private Partnerships for Transportation Act and
3    design-build agreements entered into according to the
4    procurement requirements of Section 25 of the
5    Public-Private Partnerships for Transportation Act.
6        (12) Contracts for legal, financial, and other
7    professional and artistic services entered into on or
8    before December 31, 2018 by the Illinois Finance Authority
9    in which the State of Illinois is not obligated. Such
10    contracts shall be awarded through a competitive process
11    authorized by the Board of the Illinois Finance Authority
12    and are subject to Sections 5-30, 20-160, 50-13, 50-20,
13    50-35, and 50-37 of this Code, as well as the final
14    approval by the Board of the Illinois Finance Authority of
15    the terms of the contract.
16        (13) Contracts for services, commodities, and
17    equipment to support the delivery of timely forensic
18    science services in consultation with and subject to the
19    approval of the Chief Procurement Officer as provided in
20    subsection (d) of Section 5-4-3a of the Unified Code of
21    Corrections, except for the requirements of Sections
22    20-60, 20-65, 20-70, and 20-160 and Article 50 of this
23    Code; however, the Chief Procurement Officer may, in
24    writing with justification, waive any certification
25    required under Article 50 of this Code. For any contracts
26    for services which are currently provided by members of a

 

 

10100HB0902ham001- 13 -LRB101 08006 RLC 57865 a

1    collective bargaining agreement, the applicable terms of
2    the collective bargaining agreement concerning
3    subcontracting shall be followed.
4        On and after January 1, 2019, this paragraph (13),
5    except for this sentence, is inoperative.
6        (14) Contracts for participation expenditures required
7    by a domestic or international trade show or exhibition of
8    an exhibitor, member, or sponsor.
9        (15) Contracts with a railroad or utility that requires
10    the State to reimburse the railroad or utilities for the
11    relocation of utilities for construction or other public
12    purpose. Contracts included within this paragraph (15)
13    shall include, but not be limited to, those associated
14    with: relocations, crossings, installations, and
15    maintenance. For the purposes of this paragraph (15),
16    "railroad" means any form of non-highway ground
17    transportation that runs on rails or electromagnetic
18    guideways and "utility" means: (1) public utilities as
19    defined in Section 3-105 of the Public Utilities Act, (2)
20    telecommunications carriers as defined in Section 13-202
21    of the Public Utilities Act, (3) electric cooperatives as
22    defined in Section 3.4 of the Electric Supplier Act, (4)
23    telephone or telecommunications cooperatives as defined in
24    Section 13-212 of the Public Utilities Act, (5) rural water
25    or waste water systems with 10,000 connections or less, (6)
26    a holder as defined in Section 21-201 of the Public

 

 

10100HB0902ham001- 14 -LRB101 08006 RLC 57865 a

1    Utilities Act, and (7) municipalities owning or operating
2    utility systems consisting of public utilities as that term
3    is defined in Section 11-117-2 of the Illinois Municipal
4    Code.
5        (16) Procurement expenditures necessary for the
6    Department of Public Health to provide the delivery of
7    timely newborn screening services in accordance with the
8    Newborn Metabolic Screening Act.
9        (17) (16) Procurement expenditures necessary for the
10    Department of Agriculture, the Department of Financial and
11    Professional Regulation, the Department of Human Services,
12    and the Department of Public Health to implement the
13    Compassionate Use of Medical Cannabis Pilot Program and
14    Opioid Alternative Pilot Program requirements and ensure
15    access to medical cannabis for patients with debilitating
16    medical conditions in accordance with the Compassionate
17    Use of Medical Cannabis Pilot Program Act.
18    Notwithstanding any other provision of law, for contracts
19entered into on or after October 1, 2017 under an exemption
20provided in any paragraph of this subsection (b), except
21paragraph (1), (2), or (5), each State agency shall post to the
22appropriate procurement bulletin the name of the contractor, a
23description of the supply or service provided, the total amount
24of the contract, the term of the contract, and the exception to
25the Code utilized. The chief procurement officer shall submit a
26report to the Governor and General Assembly no later than

 

 

10100HB0902ham001- 15 -LRB101 08006 RLC 57865 a

1November 1 of each year that shall include, at a minimum, an
2annual summary of the monthly information reported to the chief
3procurement officer.
4    (c) This Code does not apply to the electric power
5procurement process provided for under Section 1-75 of the
6Illinois Power Agency Act and Section 16-111.5 of the Public
7Utilities Act.
8    (d) Except for Section 20-160 and Article 50 of this Code,
9and as expressly required by Section 9.1 of the Illinois
10Lottery Law, the provisions of this Code do not apply to the
11procurement process provided for under Section 9.1 of the
12Illinois Lottery Law.
13    (e) This Code does not apply to the process used by the
14Capital Development Board to retain a person or entity to
15assist the Capital Development Board with its duties related to
16the determination of costs of a clean coal SNG brownfield
17facility, as defined by Section 1-10 of the Illinois Power
18Agency Act, as required in subsection (h-3) of Section 9-220 of
19the Public Utilities Act, including calculating the range of
20capital costs, the range of operating and maintenance costs, or
21the sequestration costs or monitoring the construction of clean
22coal SNG brownfield facility for the full duration of
23construction.
24    (f) (Blank).
25    (g) (Blank).
26    (h) This Code does not apply to the process to procure or

 

 

10100HB0902ham001- 16 -LRB101 08006 RLC 57865 a

1contracts entered into in accordance with Sections 11-5.2 and
211-5.3 of the Illinois Public Aid Code.
3    (i) Each chief procurement officer may access records
4necessary to review whether a contract, purchase, or other
5expenditure is or is not subject to the provisions of this
6Code, unless such records would be subject to attorney-client
7privilege.
8    (j) This Code does not apply to the process used by the
9Capital Development Board to retain an artist or work or works
10of art as required in Section 14 of the Capital Development
11Board Act.
12    (k) This Code does not apply to the process to procure
13contracts, or contracts entered into, by the State Board of
14Elections or the State Electoral Board for hearing officers
15appointed pursuant to the Election Code.
16    (l) This Code does not apply to the processes used by the
17Illinois Student Assistance Commission to procure supplies and
18services paid for from the private funds of the Illinois
19Prepaid Tuition Fund. As used in this subsection (l), "private
20funds" means funds derived from deposits paid into the Illinois
21Prepaid Tuition Trust Fund and the earnings thereon.
22(Source: P.A. 99-801, eff. 1-1-17; 100-43, eff. 8-9-17;
23100-580, eff. 3-12-18; 100-757, eff. 8-10-18; 100-1114, eff.
248-28-18; revised 10-18-18.)"; and
 
25on page 70, by replacing line 12 with the following:
 

 

 

10100HB0902ham001- 17 -LRB101 08006 RLC 57865 a

1"changing Sections 201 and 203 as follows:
 
2    (35 ILCS 5/201)  (from Ch. 120, par. 2-201)
3    Sec. 201. Tax imposed.
4    (a) In general. A tax measured by net income is hereby
5imposed on every individual, corporation, trust and estate for
6each taxable year ending after July 31, 1969 on the privilege
7of earning or receiving income in or as a resident of this
8State. Such tax shall be in addition to all other occupation or
9privilege taxes imposed by this State or by any municipal
10corporation or political subdivision thereof.
11    (b) Rates. The tax imposed by subsection (a) of this
12Section shall be determined as follows, except as adjusted by
13subsection (d-1):
14        (1) In the case of an individual, trust or estate, for
15    taxable years ending prior to July 1, 1989, an amount equal
16    to 2 1/2% of the taxpayer's net income for the taxable
17    year.
18        (2) In the case of an individual, trust or estate, for
19    taxable years beginning prior to July 1, 1989 and ending
20    after June 30, 1989, an amount equal to the sum of (i) 2
21    1/2% of the taxpayer's net income for the period prior to
22    July 1, 1989, as calculated under Section 202.3, and (ii)
23    3% of the taxpayer's net income for the period after June
24    30, 1989, as calculated under Section 202.3.

 

 

10100HB0902ham001- 18 -LRB101 08006 RLC 57865 a

1        (3) In the case of an individual, trust or estate, for
2    taxable years beginning after June 30, 1989, and ending
3    prior to January 1, 2011, an amount equal to 3% of the
4    taxpayer's net income for the taxable year.
5        (4) In the case of an individual, trust, or estate, for
6    taxable years beginning prior to January 1, 2011, and
7    ending after December 31, 2010, an amount equal to the sum
8    of (i) 3% of the taxpayer's net income for the period prior
9    to January 1, 2011, as calculated under Section 202.5, and
10    (ii) 5% of the taxpayer's net income for the period after
11    December 31, 2010, as calculated under Section 202.5.
12        (5) In the case of an individual, trust, or estate, for
13    taxable years beginning on or after January 1, 2011, and
14    ending prior to January 1, 2015, an amount equal to 5% of
15    the taxpayer's net income for the taxable year.
16        (5.1) In the case of an individual, trust, or estate,
17    for taxable years beginning prior to January 1, 2015, and
18    ending after December 31, 2014, an amount equal to the sum
19    of (i) 5% of the taxpayer's net income for the period prior
20    to January 1, 2015, as calculated under Section 202.5, and
21    (ii) 3.75% of the taxpayer's net income for the period
22    after December 31, 2014, as calculated under Section 202.5.
23        (5.2) In the case of an individual, trust, or estate,
24    for taxable years beginning on or after January 1, 2015,
25    and ending prior to July 1, 2017, an amount equal to 3.75%
26    of the taxpayer's net income for the taxable year.

 

 

10100HB0902ham001- 19 -LRB101 08006 RLC 57865 a

1        (5.3) In the case of an individual, trust, or estate,
2    for taxable years beginning prior to July 1, 2017, and
3    ending after June 30, 2017, an amount equal to the sum of
4    (i) 3.75% of the taxpayer's net income for the period prior
5    to July 1, 2017, as calculated under Section 202.5, and
6    (ii) 4.95% of the taxpayer's net income for the period
7    after June 30, 2017, as calculated under Section 202.5.
8        (5.4) In the case of an individual, trust, or estate,
9    for taxable years beginning on or after July 1, 2017, an
10    amount equal to 4.95% of the taxpayer's net income for the
11    taxable year.
12        (6) In the case of a corporation, for taxable years
13    ending prior to July 1, 1989, an amount equal to 4% of the
14    taxpayer's net income for the taxable year.
15        (7) In the case of a corporation, for taxable years
16    beginning prior to July 1, 1989 and ending after June 30,
17    1989, an amount equal to the sum of (i) 4% of the
18    taxpayer's net income for the period prior to July 1, 1989,
19    as calculated under Section 202.3, and (ii) 4.8% of the
20    taxpayer's net income for the period after June 30, 1989,
21    as calculated under Section 202.3.
22        (8) In the case of a corporation, for taxable years
23    beginning after June 30, 1989, and ending prior to January
24    1, 2011, an amount equal to 4.8% of the taxpayer's net
25    income for the taxable year.
26        (9) In the case of a corporation, for taxable years

 

 

10100HB0902ham001- 20 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 21 -LRB101 08006 RLC 57865 a

1    taxpayer's net income for the period after June 30, 2017,
2    as calculated under Section 202.5.
3        (14) In the case of a corporation, for taxable years
4    beginning on or after July 1, 2017, an amount equal to 7%
5    of the taxpayer's net income for the taxable year.
6    The rates under this subsection (b) are subject to the
7provisions of Section 201.5.
8    (c) Personal Property Tax Replacement Income Tax.
9Beginning on July 1, 1979 and thereafter, in addition to such
10income tax, there is also hereby imposed the Personal Property
11Tax Replacement Income Tax measured by net income on every
12corporation (including Subchapter S corporations), partnership
13and trust, for each taxable year ending after June 30, 1979.
14Such taxes are imposed on the privilege of earning or receiving
15income in or as a resident of this State. The Personal Property
16Tax Replacement Income Tax shall be in addition to the income
17tax imposed by subsections (a) and (b) of this Section and in
18addition to all other occupation or privilege taxes imposed by
19this State or by any municipal corporation or political
20subdivision thereof.
21    (d) Additional Personal Property Tax Replacement Income
22Tax Rates. The personal property tax replacement income tax
23imposed by this subsection and subsection (c) of this Section
24in the case of a corporation, other than a Subchapter S
25corporation and except as adjusted by subsection (d-1), shall
26be an additional amount equal to 2.85% of such taxpayer's net

 

 

10100HB0902ham001- 22 -LRB101 08006 RLC 57865 a

1income for the taxable year, except that beginning on January
21, 1981, and thereafter, the rate of 2.85% specified in this
3subsection shall be reduced to 2.5%, and in the case of a
4partnership, trust or a Subchapter S corporation shall be an
5additional amount equal to 1.5% of such taxpayer's net income
6for the taxable year.
7    (d-1) Rate reduction for certain foreign insurers. In the
8case of a foreign insurer, as defined by Section 35A-5 of the
9Illinois Insurance Code, whose state or country of domicile
10imposes on insurers domiciled in Illinois a retaliatory tax
11(excluding any insurer whose premiums from reinsurance assumed
12are 50% or more of its total insurance premiums as determined
13under paragraph (2) of subsection (b) of Section 304, except
14that for purposes of this determination premiums from
15reinsurance do not include premiums from inter-affiliate
16reinsurance arrangements), beginning with taxable years ending
17on or after December 31, 1999, the sum of the rates of tax
18imposed by subsections (b) and (d) shall be reduced (but not
19increased) to the rate at which the total amount of tax imposed
20under this Act, net of all credits allowed under this Act,
21shall equal (i) the total amount of tax that would be imposed
22on the foreign insurer's net income allocable to Illinois for
23the taxable year by such foreign insurer's state or country of
24domicile if that net income were subject to all income taxes
25and taxes measured by net income imposed by such foreign
26insurer's state or country of domicile, net of all credits

 

 

10100HB0902ham001- 23 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 24 -LRB101 08006 RLC 57865 a

1    Section other than the credit allowed under subsection (i)
2    has been reduced to zero, against the rates imposed by
3    subsection (d).
4    This subsection (d-1) is exempt from the provisions of
5Section 250.
6    (e) Investment credit. A taxpayer shall be allowed a credit
7against the Personal Property Tax Replacement Income Tax for
8investment in qualified property.
9        (1) A taxpayer shall be allowed a credit equal to .5%
10    of the basis of qualified property placed in service during
11    the taxable year, provided such property is placed in
12    service on or after July 1, 1984. There shall be allowed an
13    additional credit equal to .5% of the basis of qualified
14    property placed in service during the taxable year,
15    provided such property is placed in service on or after
16    July 1, 1986, and the taxpayer's base employment within
17    Illinois has increased by 1% or more over the preceding
18    year as determined by the taxpayer's employment records
19    filed with the Illinois Department of Employment Security.
20    Taxpayers who are new to Illinois shall be deemed to have
21    met the 1% growth in base employment for the first year in
22    which they file employment records with the Illinois
23    Department of Employment Security. The provisions added to
24    this Section by Public Act 85-1200 (and restored by Public
25    Act 87-895) shall be construed as declaratory of existing
26    law and not as a new enactment. If, in any year, the

 

 

10100HB0902ham001- 25 -LRB101 08006 RLC 57865 a

1    increase in base employment within Illinois over the
2    preceding year is less than 1%, the additional credit shall
3    be limited to that percentage times a fraction, the
4    numerator of which is .5% and the denominator of which is
5    1%, but shall not exceed .5%. The investment credit shall
6    not be allowed to the extent that it would reduce a
7    taxpayer's liability in any tax year below zero, nor may
8    any credit for qualified property be allowed for any year
9    other than the year in which the property was placed in
10    service in Illinois. For tax years ending on or after
11    December 31, 1987, and on or before December 31, 1988, the
12    credit shall be allowed for the tax year in which the
13    property is placed in service, or, if the amount of the
14    credit exceeds the tax liability for that year, whether it
15    exceeds the original liability or the liability as later
16    amended, such excess may be carried forward and applied to
17    the tax liability of the 5 taxable years following the
18    excess credit years if the taxpayer (i) makes investments
19    which cause the creation of a minimum of 2,000 full-time
20    equivalent jobs in Illinois, (ii) is located in an
21    enterprise zone established pursuant to the Illinois
22    Enterprise Zone Act and (iii) is certified by the
23    Department of Commerce and Community Affairs (now
24    Department of Commerce and Economic Opportunity) as
25    complying with the requirements specified in clause (i) and
26    (ii) by July 1, 1986. The Department of Commerce and

 

 

10100HB0902ham001- 26 -LRB101 08006 RLC 57865 a

1    Community Affairs (now Department of Commerce and Economic
2    Opportunity) shall notify the Department of Revenue of all
3    such certifications immediately. For tax years ending
4    after December 31, 1988, the credit shall be allowed for
5    the tax year in which the property is placed in service,
6    or, if the amount of the credit exceeds the tax liability
7    for that year, whether it exceeds the original liability or
8    the liability as later amended, such excess may be carried
9    forward and applied to the tax liability of the 5 taxable
10    years following the excess credit years. The credit shall
11    be applied to the earliest year for which there is a
12    liability. If there is credit from more than one tax year
13    that is available to offset a liability, earlier credit
14    shall be applied first.
15        (2) The term "qualified property" means property
16    which:
17            (A) is tangible, whether new or used, including
18        buildings and structural components of buildings and
19        signs that are real property, but not including land or
20        improvements to real property that are not a structural
21        component of a building such as landscaping, sewer
22        lines, local access roads, fencing, parking lots, and
23        other appurtenances;
24            (B) is depreciable pursuant to Section 167 of the
25        Internal Revenue Code, except that "3-year property"
26        as defined in Section 168(c)(2)(A) of that Code is not

 

 

10100HB0902ham001- 27 -LRB101 08006 RLC 57865 a

1        eligible for the credit provided by this subsection
2        (e);
3            (C) is acquired by purchase as defined in Section
4        179(d) of the Internal Revenue Code;
5            (D) is used in Illinois by a taxpayer who is
6        primarily engaged in manufacturing, or in mining coal
7        or fluorite, or in retailing, or was placed in service
8        on or after July 1, 2006 in a River Edge Redevelopment
9        Zone established pursuant to the River Edge
10        Redevelopment Zone Act; and
11            (E) has not previously been used in Illinois in
12        such a manner and by such a person as would qualify for
13        the credit provided by this subsection (e) or
14        subsection (f).
15        (3) For purposes of this subsection (e),
16    "manufacturing" means the material staging and production
17    of tangible personal property by procedures commonly
18    regarded as manufacturing, processing, fabrication, or
19    assembling which changes some existing material into new
20    shapes, new qualities, or new combinations. For purposes of
21    this subsection (e) the term "mining" shall have the same
22    meaning as the term "mining" in Section 613(c) of the
23    Internal Revenue Code. For purposes of this subsection (e),
24    the term "retailing" means the sale of tangible personal
25    property for use or consumption and not for resale, or
26    services rendered in conjunction with the sale of tangible

 

 

10100HB0902ham001- 28 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 29 -LRB101 08006 RLC 57865 a

1    originally allowed by eliminating such property from such
2    computation and, (ii) subtracting such recomputed credit
3    from the amount of credit previously allowed. For the
4    purposes of this paragraph (7), a reduction of the basis of
5    qualified property resulting from a redetermination of the
6    purchase price shall be deemed a disposition of qualified
7    property to the extent of such reduction.
8        (8) Unless the investment credit is extended by law,
9    the basis of qualified property shall not include costs
10    incurred after December 31, 2018, except for costs incurred
11    pursuant to a binding contract entered into on or before
12    December 31, 2018.
13        (9) Each taxable year ending before December 31, 2000,
14    a partnership may elect to pass through to its partners the
15    credits to which the partnership is entitled under this
16    subsection (e) for the taxable year. A partner may use the
17    credit allocated to him or her under this paragraph only
18    against the tax imposed in subsections (c) and (d) of this
19    Section. If the partnership makes that election, those
20    credits shall be allocated among the partners in the
21    partnership in accordance with the rules set forth in
22    Section 704(b) of the Internal Revenue Code, and the rules
23    promulgated under that Section, and the allocated amount of
24    the credits shall be allowed to the partners for that
25    taxable year. The partnership shall make this election on
26    its Personal Property Tax Replacement Income Tax return for

 

 

10100HB0902ham001- 30 -LRB101 08006 RLC 57865 a

1    that taxable year. The election to pass through the credits
2    shall be irrevocable.
3        For taxable years ending on or after December 31, 2000,
4    a partner that qualifies its partnership for a subtraction
5    under subparagraph (I) of paragraph (2) of subsection (d)
6    of Section 203 or a shareholder that qualifies a Subchapter
7    S corporation for a subtraction under subparagraph (S) of
8    paragraph (2) of subsection (b) of Section 203 shall be
9    allowed a credit under this subsection (e) equal to its
10    share of the credit earned under this subsection (e) during
11    the taxable year by the partnership or Subchapter S
12    corporation, determined in accordance with the
13    determination of income and distributive share of income
14    under Sections 702 and 704 and Subchapter S of the Internal
15    Revenue Code. This paragraph is exempt from the provisions
16    of Section 250.
17    (f) Investment credit; Enterprise Zone; River Edge
18Redevelopment Zone.
19        (1) A taxpayer shall be allowed a credit against the
20    tax imposed by subsections (a) and (b) of this Section for
21    investment in qualified property which is placed in service
22    in an Enterprise Zone created pursuant to the Illinois
23    Enterprise Zone Act or, for property placed in service on
24    or after July 1, 2006, a River Edge Redevelopment Zone
25    established pursuant to the River Edge Redevelopment Zone
26    Act. For partners, shareholders of Subchapter S

 

 

10100HB0902ham001- 31 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 32 -LRB101 08006 RLC 57865 a

1            (A) is tangible, whether new or used, including
2        buildings and structural components of buildings;
3            (B) is depreciable pursuant to Section 167 of the
4        Internal Revenue Code, except that "3-year property"
5        as defined in Section 168(c)(2)(A) of that Code is not
6        eligible for the credit provided by this subsection
7        (f);
8            (C) is acquired by purchase as defined in Section
9        179(d) of the Internal Revenue Code;
10            (D) is used in the Enterprise Zone or River Edge
11        Redevelopment Zone by the taxpayer; and
12            (E) has not been previously used in Illinois in
13        such a manner and by such a person as would qualify for
14        the credit provided by this subsection (f) or
15        subsection (e).
16        (3) The basis of qualified property shall be the basis
17    used to compute the depreciation deduction for federal
18    income tax purposes.
19        (4) If the basis of the property for federal income tax
20    depreciation purposes is increased after it has been placed
21    in service in the Enterprise Zone or River Edge
22    Redevelopment Zone by the taxpayer, the amount of such
23    increase shall be deemed property placed in service on the
24    date of such increase in basis.
25        (5) The term "placed in service" shall have the same
26    meaning as under Section 46 of the Internal Revenue Code.

 

 

10100HB0902ham001- 33 -LRB101 08006 RLC 57865 a

1        (6) If during any taxable year, any property ceases to
2    be qualified property in the hands of the taxpayer within
3    48 months after being placed in service, or the situs of
4    any qualified property is moved outside the Enterprise Zone
5    or River Edge Redevelopment Zone within 48 months after
6    being placed in service, the tax imposed under subsections
7    (a) and (b) of this Section for such taxable year shall be
8    increased. Such increase shall be determined by (i)
9    recomputing the investment credit which would have been
10    allowed for the year in which credit for such property was
11    originally allowed by eliminating such property from such
12    computation, and (ii) subtracting such recomputed credit
13    from the amount of credit previously allowed. For the
14    purposes of this paragraph (6), a reduction of the basis of
15    qualified property resulting from a redetermination of the
16    purchase price shall be deemed a disposition of qualified
17    property to the extent of such reduction.
18        (7) There shall be allowed an additional credit equal
19    to 0.5% of the basis of qualified property placed in
20    service during the taxable year in a River Edge
21    Redevelopment Zone, provided such property is placed in
22    service on or after July 1, 2006, and the taxpayer's base
23    employment within Illinois has increased by 1% or more over
24    the preceding year as determined by the taxpayer's
25    employment records filed with the Illinois Department of
26    Employment Security. Taxpayers who are new to Illinois

 

 

10100HB0902ham001- 34 -LRB101 08006 RLC 57865 a

1    shall be deemed to have met the 1% growth in base
2    employment for the first year in which they file employment
3    records with the Illinois Department of Employment
4    Security. If, in any year, the increase in base employment
5    within Illinois over the preceding year is less than 1%,
6    the additional credit shall be limited to that percentage
7    times a fraction, the numerator of which is 0.5% and the
8    denominator of which is 1%, but shall not exceed 0.5%.
9    (g) (Blank).
10    (h) Investment credit; High Impact Business.
11        (1) Subject to subsections (b) and (b-5) of Section 5.5
12    of the Illinois Enterprise Zone Act, a taxpayer shall be
13    allowed a credit against the tax imposed by subsections (a)
14    and (b) of this Section for investment in qualified
15    property which is placed in service by a Department of
16    Commerce and Economic Opportunity designated High Impact
17    Business. The credit shall be .5% of the basis for such
18    property. The credit shall not be available (i) until the
19    minimum investments in qualified property set forth in
20    subdivision (a)(3)(A) of Section 5.5 of the Illinois
21    Enterprise Zone Act have been satisfied or (ii) until the
22    time authorized in subsection (b-5) of the Illinois
23    Enterprise Zone Act for entities designated as High Impact
24    Businesses under subdivisions (a)(3)(B), (a)(3)(C), and
25    (a)(3)(D) of Section 5.5 of the Illinois Enterprise Zone
26    Act, and shall not be allowed to the extent that it would

 

 

10100HB0902ham001- 35 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 36 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 37 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 38 -LRB101 08006 RLC 57865 a

1    (i) Credit for Personal Property Tax Replacement Income
2Tax. For tax years ending prior to December 31, 2003, a credit
3shall be allowed against the tax imposed by subsections (a) and
4(b) of this Section for the tax imposed by subsections (c) and
5(d) of this Section. This credit shall be computed by
6multiplying the tax imposed by subsections (c) and (d) of this
7Section by a fraction, the numerator of which is base income
8allocable to Illinois and the denominator of which is Illinois
9base income, and further multiplying the product by the tax
10rate imposed by subsections (a) and (b) of this Section.
11    Any credit earned on or after December 31, 1986 under this
12subsection which is unused in the year the credit is computed
13because it exceeds the tax liability imposed by subsections (a)
14and (b) for that year (whether it exceeds the original
15liability or the liability as later amended) may be carried
16forward and applied to the tax liability imposed by subsections
17(a) and (b) of the 5 taxable years following the excess credit
18year, provided that no credit may be carried forward to any
19year ending on or after December 31, 2003. This credit shall be
20applied first to the earliest year for which there is a
21liability. If there is a credit under this subsection from more
22than one tax year that is available to offset a liability the
23earliest credit arising under this subsection shall be applied
24first.
25    If, during any taxable year ending on or after December 31,
261986, the tax imposed by subsections (c) and (d) of this

 

 

10100HB0902ham001- 39 -LRB101 08006 RLC 57865 a

1Section for which a taxpayer has claimed a credit under this
2subsection (i) is reduced, the amount of credit for such tax
3shall also be reduced. Such reduction shall be determined by
4recomputing the credit to take into account the reduced tax
5imposed by subsections (c) and (d). If any portion of the
6reduced amount of credit has been carried to a different
7taxable year, an amended return shall be filed for such taxable
8year to reduce the amount of credit claimed.
9    (j) Training expense credit. Beginning with tax years
10ending on or after December 31, 1986 and prior to December 31,
112003, a taxpayer shall be allowed a credit against the tax
12imposed by subsections (a) and (b) under this Section for all
13amounts paid or accrued, on behalf of all persons employed by
14the taxpayer in Illinois or Illinois residents employed outside
15of Illinois by a taxpayer, for educational or vocational
16training in semi-technical or technical fields or semi-skilled
17or skilled fields, which were deducted from gross income in the
18computation of taxable income. The credit against the tax
19imposed by subsections (a) and (b) shall be 1.6% of such
20training expenses. For partners, shareholders of subchapter S
21corporations, and owners of limited liability companies, if the
22liability company is treated as a partnership for purposes of
23federal and State income taxation, there shall be allowed a
24credit under this subsection (j) to be determined in accordance
25with the determination of income and distributive share of
26income under Sections 702 and 704 and subchapter S of the

 

 

10100HB0902ham001- 40 -LRB101 08006 RLC 57865 a

1Internal Revenue Code.
2    Any credit allowed under this subsection which is unused in
3the year the credit is earned may be carried forward to each of
4the 5 taxable years following the year for which the credit is
5first computed until it is used. This credit shall be applied
6first to the earliest year for which there is a liability. If
7there is a credit under this subsection from more than one tax
8year that is available to offset a liability the earliest
9credit arising under this subsection shall be applied first. No
10carryforward credit may be claimed in any tax year ending on or
11after December 31, 2003.
12    (k) Research and development credit. For tax years ending
13after July 1, 1990 and prior to December 31, 2003, and
14beginning again for tax years ending on or after December 31,
152004, and ending prior to January 1, 2022, a taxpayer shall be
16allowed a credit against the tax imposed by subsections (a) and
17(b) of this Section for increasing research activities in this
18State. The credit allowed against the tax imposed by
19subsections (a) and (b) shall be equal to 6 1/2% of the
20qualifying expenditures for increasing research activities in
21this State. For partners, shareholders of subchapter S
22corporations, and owners of limited liability companies, if the
23liability company is treated as a partnership for purposes of
24federal and State income taxation, there shall be allowed a
25credit under this subsection to be determined in accordance
26with the determination of income and distributive share of

 

 

10100HB0902ham001- 41 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 42 -LRB101 08006 RLC 57865 a

1given year. If a tax liability for the given year still
2remains, the credit from the next earliest year will then be
3applied, and so on, until all credits have been used or no tax
4liability for the given year remains. Any remaining unused
5credit or credits then will be carried forward to the next
6following year in which a tax liability is incurred, except
7that no credit can be carried forward to a year which is more
8than 5 years after the year in which the expense for which the
9credit is given was incurred.
10    No inference shall be drawn from this amendatory Act of the
1191st General Assembly in construing this Section for taxable
12years beginning before January 1, 1999.
13    It is the intent of the General Assembly that the research
14and development credit under this subsection (k) shall apply
15continuously for all tax years ending on or after December 31,
162004 and ending prior to January 1, 2022, including, but not
17limited to, the period beginning on January 1, 2016 and ending
18on the effective date of this amendatory Act of the 100th
19General Assembly. All actions taken in reliance on the
20continuation of the credit under this subsection (k) by any
21taxpayer are hereby validated.
22    (l) Environmental Remediation Tax Credit.
23        (i) For tax years ending after December 31, 1997 and on
24    or before December 31, 2001, a taxpayer shall be allowed a
25    credit against the tax imposed by subsections (a) and (b)
26    of this Section for certain amounts paid for unreimbursed

 

 

10100HB0902ham001- 43 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 44 -LRB101 08006 RLC 57865 a

1    deduction for losses by paragraphs (b), (c), and (f)(1) of
2    Section 267 of the Internal Revenue Code by virtue of being
3    a related taxpayer, as well as any of its partners. The
4    credit allowed against the tax imposed by subsections (a)
5    and (b) shall be equal to 25% of the unreimbursed eligible
6    remediation costs in excess of $100,000 per site, except
7    that the $100,000 threshold shall not apply to any site
8    contained in an enterprise zone as determined by the
9    Department of Commerce and Community Affairs (now
10    Department of Commerce and Economic Opportunity). The
11    total credit allowed shall not exceed $40,000 per year with
12    a maximum total of $150,000 per site. For partners and
13    shareholders of subchapter S corporations, there shall be
14    allowed a credit under this subsection to be determined in
15    accordance with the determination of income and
16    distributive share of income under Sections 702 and 704 and
17    subchapter S of the Internal Revenue Code.
18        (ii) A credit allowed under this subsection that is
19    unused in the year the credit is earned may be carried
20    forward to each of the 5 taxable years following the year
21    for which the credit is first earned until it is used. The
22    term "unused credit" does not include any amounts of
23    unreimbursed eligible remediation costs in excess of the
24    maximum credit per site authorized under paragraph (i).
25    This credit shall be applied first to the earliest year for
26    which there is a liability. If there is a credit under this

 

 

10100HB0902ham001- 45 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 46 -LRB101 08006 RLC 57865 a

1credit under this subsection claimed by a family that is the
2custodian of qualifying pupils exceed (i) $500 for tax years
3ending prior to December 31, 2017, and (ii) $750 for tax years
4ending on or after December 31, 2017. In no event shall a
5credit under this subsection reduce the taxpayer's liability
6under this Act to less than zero. Notwithstanding any other
7provision of law, for taxable years beginning on or after
8January 1, 2017, no taxpayer may claim a credit under this
9subsection (m) if the taxpayer's adjusted gross income for the
10taxable year exceeds (i) $500,000, in the case of spouses
11filing a joint federal tax return or (ii) $250,000, in the case
12of all other taxpayers. This subsection is exempt from the
13provisions of Section 250 of this Act.
14    For purposes of this subsection:
15    "Qualifying pupils" means individuals who (i) are
16residents of the State of Illinois, (ii) are under the age of
1721 at the close of the school year for which a credit is
18sought, and (iii) during the school year for which a credit is
19sought were full-time pupils enrolled in a kindergarten through
20twelfth grade education program at any school, as defined in
21this subsection.
22    "Qualified education expense" means the amount incurred on
23behalf of a qualifying pupil in excess of $250 for tuition,
24book fees, and lab fees at the school in which the pupil is
25enrolled during the regular school year.
26    "School" means any public or nonpublic elementary or

 

 

10100HB0902ham001- 47 -LRB101 08006 RLC 57865 a

1secondary school in Illinois that is in compliance with Title
2VI of the Civil Rights Act of 1964 and attendance at which
3satisfies the requirements of Section 26-1 of the School Code,
4except that nothing shall be construed to require a child to
5attend any particular public or nonpublic school to qualify for
6the credit under this Section.
7    "Custodian" means, with respect to qualifying pupils, an
8Illinois resident who is a parent, the parents, a legal
9guardian, or the legal guardians of the qualifying pupils.
10    (n) River Edge Redevelopment Zone site remediation tax
11credit.
12        (i) For tax years ending on or after December 31, 2006,
13    a taxpayer shall be allowed a credit against the tax
14    imposed by subsections (a) and (b) of this Section for
15    certain amounts paid for unreimbursed eligible remediation
16    costs, as specified in this subsection. For purposes of
17    this Section, "unreimbursed eligible remediation costs"
18    means costs approved by the Illinois Environmental
19    Protection Agency ("Agency") under Section 58.14a of the
20    Environmental Protection Act that were paid in performing
21    environmental remediation at a site within a River Edge
22    Redevelopment Zone for which a No Further Remediation
23    Letter was issued by the Agency and recorded under Section
24    58.10 of the Environmental Protection Act. The credit must
25    be claimed for the taxable year in which Agency approval of
26    the eligible remediation costs is granted. The credit is

 

 

10100HB0902ham001- 48 -LRB101 08006 RLC 57865 a

1    not available to any taxpayer if the taxpayer or any
2    related party caused or contributed to, in any material
3    respect, a release of regulated substances on, in, or under
4    the site that was identified and addressed by the remedial
5    action pursuant to the Site Remediation Program of the
6    Environmental Protection Act. Determinations as to credit
7    availability for purposes of this Section shall be made
8    consistent with rules adopted by the Pollution Control
9    Board pursuant to the Illinois Administrative Procedure
10    Act for the administration and enforcement of Section 58.9
11    of the Environmental Protection Act. For purposes of this
12    Section, "taxpayer" includes a person whose tax attributes
13    the taxpayer has succeeded to under Section 381 of the
14    Internal Revenue Code and "related party" includes the
15    persons disallowed a deduction for losses by paragraphs
16    (b), (c), and (f)(1) of Section 267 of the Internal Revenue
17    Code by virtue of being a related taxpayer, as well as any
18    of its partners. The credit allowed against the tax imposed
19    by subsections (a) and (b) shall be equal to 25% of the
20    unreimbursed eligible remediation costs in excess of
21    $100,000 per site.
22        (ii) A credit allowed under this subsection that is
23    unused in the year the credit is earned may be carried
24    forward to each of the 5 taxable years following the year
25    for which the credit is first earned until it is used. This
26    credit shall be applied first to the earliest year for

 

 

10100HB0902ham001- 49 -LRB101 08006 RLC 57865 a

1    which there is a liability. If there is a credit under this
2    subsection from more than one tax year that is available to
3    offset a liability, the earliest credit arising under this
4    subsection shall be applied first. A credit allowed under
5    this subsection may be sold to a buyer as part of a sale of
6    all or part of the remediation site for which the credit
7    was granted. The purchaser of a remediation site and the
8    tax credit shall succeed to the unused credit and remaining
9    carry-forward period of the seller. To perfect the
10    transfer, the assignor shall record the transfer in the
11    chain of title for the site and provide written notice to
12    the Director of the Illinois Department of Revenue of the
13    assignor's intent to sell the remediation site and the
14    amount of the tax credit to be transferred as a portion of
15    the sale. In no event may a credit be transferred to any
16    taxpayer if the taxpayer or a related party would not be
17    eligible under the provisions of subsection (i).
18        (iii) For purposes of this Section, the term "site"
19    shall have the same meaning as under Section 58.2 of the
20    Environmental Protection Act.
21    (o) For each of taxable years during the Compassionate Use
22of Medical Cannabis Pilot Program, a surcharge is imposed on
23all taxpayers on income arising from the sale or exchange of
24capital assets, depreciable business property, real property
25used in the trade or business, and Section 197 intangibles of
26an organization registrant under the Compassionate Use of

 

 

10100HB0902ham001- 50 -LRB101 08006 RLC 57865 a

1Medical Cannabis Pilot Program Act. The amount of the surcharge
2is equal to the amount of federal income tax liability for the
3taxable year attributable to those sales and exchanges. The
4surcharge imposed does not apply if:
5        (1) the medical cannabis cultivation center
6    registration, medical cannabis dispensary registration, or
7    the property of a registration is transferred as a result
8    of any of the following:
9            (A) bankruptcy, a receivership, or a debt
10        adjustment initiated by or against the initial
11        registration or the substantial owners of the initial
12        registration;
13            (B) cancellation, revocation, or termination of
14        any registration by the Illinois Department of Public
15        Health;
16            (C) a determination by the Illinois Department of
17        Public Health that transfer of the registration is in
18        the best interests of Illinois qualifying patients as
19        defined by the Compassionate Use of Medical Cannabis
20        Pilot Program Act;
21            (D) the death of an owner of the equity interest in
22        a registrant;
23            (E) the acquisition of a controlling interest in
24        the stock or substantially all of the assets of a
25        publicly traded company;
26            (F) a transfer by a parent company to a wholly

 

 

10100HB0902ham001- 51 -LRB101 08006 RLC 57865 a

1        owned subsidiary; or
2            (G) the transfer or sale to or by one person to
3        another person where both persons were initial owners
4        of the registration when the registration was issued;
5        or
6        (2) the cannabis cultivation center registration,
7    medical cannabis dispensary registration, or the
8    controlling interest in a registrant's property is
9    transferred in a transaction to lineal descendants in which
10    no gain or loss is recognized or as a result of a
11    transaction in accordance with Section 351 of the Internal
12    Revenue Code in which no gain or loss is recognized.
13(Source: P.A. 100-22, eff. 7-6-17.)"; and
 
14by replacing line 12 on page 170 through line 26 on page 179
15with the following:
 
16    "Section 921. The Use Tax Act is amended by changing
17Section 3-10 as follows:
 
18    (35 ILCS 105/3-10)
19    Sec. 3-10. Rate of tax. Unless otherwise provided in this
20Section, the tax imposed by this Act is at the rate of 6.25% of
21either the selling price or the fair market value, if any, of
22the tangible personal property. In all cases where property
23functionally used or consumed is the same as the property that

 

 

10100HB0902ham001- 52 -LRB101 08006 RLC 57865 a

1was purchased at retail, then the tax is imposed on the selling
2price of the property. In all cases where property functionally
3used or consumed is a by-product or waste product that has been
4refined, manufactured, or produced from property purchased at
5retail, then the tax is imposed on the lower of the fair market
6value, if any, of the specific property so used in this State
7or on the selling price of the property purchased at retail.
8For purposes of this Section "fair market value" means the
9price at which property would change hands between a willing
10buyer and a willing seller, neither being under any compulsion
11to buy or sell and both having reasonable knowledge of the
12relevant facts. The fair market value shall be established by
13Illinois sales by the taxpayer of the same property as that
14functionally used or consumed, or if there are no such sales by
15the taxpayer, then comparable sales or purchases of property of
16like kind and character in Illinois.
17    Beginning on July 1, 2000 and through December 31, 2000,
18with respect to motor fuel, as defined in Section 1.1 of the
19Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
20the Use Tax Act, the tax is imposed at the rate of 1.25%.
21    Beginning on August 6, 2010 through August 15, 2010, with
22respect to sales tax holiday items as defined in Section 3-6 of
23this Act, the tax is imposed at the rate of 1.25%.
24    With respect to gasohol, the tax imposed by this Act
25applies to (i) 70% of the proceeds of sales made on or after
26January 1, 1990, and before July 1, 2003, (ii) 80% of the

 

 

10100HB0902ham001- 53 -LRB101 08006 RLC 57865 a

1proceeds of sales made on or after July 1, 2003 and on or
2before July 1, 2017, and (iii) 100% of the proceeds of sales
3made thereafter. If, at any time, however, the tax under this
4Act on sales of gasohol is imposed at the rate of 1.25%, then
5the tax imposed by this Act applies to 100% of the proceeds of
6sales of gasohol made during that time.
7    With respect to majority blended ethanol fuel, the tax
8imposed by this Act does not apply to the proceeds of sales
9made on or after July 1, 2003 and on or before December 31,
102023 but applies to 100% of the proceeds of sales made
11thereafter.
12    With respect to biodiesel blends with no less than 1% and
13no more than 10% biodiesel, the tax imposed by this Act applies
14to (i) 80% of the proceeds of sales made on or after July 1,
152003 and on or before December 31, 2018 and (ii) 100% of the
16proceeds of sales made thereafter. If, at any time, however,
17the tax under this Act on sales of biodiesel blends with no
18less than 1% and no more than 10% biodiesel is imposed at the
19rate of 1.25%, then the tax imposed by this Act applies to 100%
20of the proceeds of sales of biodiesel blends with no less than
211% and no more than 10% biodiesel made during that time.
22    With respect to 100% biodiesel and biodiesel blends with
23more than 10% but no more than 99% biodiesel, the tax imposed
24by this Act does not apply to the proceeds of sales made on or
25after July 1, 2003 and on or before December 31, 2023 but
26applies to 100% of the proceeds of sales made thereafter.

 

 

10100HB0902ham001- 54 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 55 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 56 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 57 -LRB101 08006 RLC 57865 a

1allowance for depreciation for the period of prior out-of-state
2use.
3(Source: P.A. 99-143, eff. 7-27-15; 99-858, eff. 8-19-16;
4100-22, eff. 7-6-17.)
 
5    Section 921.5. The Service Use Tax Act is amended by
6changing Section 3-10 as follows:
 
7    (35 ILCS 110/3-10)  (from Ch. 120, par. 439.33-10)
8    Sec. 3-10. Rate of tax. Unless otherwise provided in this
9Section, the tax imposed by this Act is at the rate of 6.25% of
10the selling price of tangible personal property transferred as
11an incident to the sale of service, but, for the purpose of
12computing this tax, in no event shall the selling price be less
13than the cost price of the property to the serviceman.
14    Beginning on July 1, 2000 and through December 31, 2000,
15with respect to motor fuel, as defined in Section 1.1 of the
16Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
17the Use Tax Act, the tax is imposed at the rate of 1.25%.
18    With respect to gasohol, as defined in the Use Tax Act, the
19tax imposed by this Act applies to (i) 70% of the selling price
20of property transferred as an incident to the sale of service
21on or after January 1, 1990, and before July 1, 2003, (ii) 80%
22of the selling price of property transferred as an incident to
23the sale of service on or after July 1, 2003 and on or before
24July 1, 2017, and (iii) 100% of the selling price thereafter.

 

 

10100HB0902ham001- 58 -LRB101 08006 RLC 57865 a

1If, at any time, however, the tax under this Act on sales of
2gasohol, as defined in the Use Tax Act, is imposed at the rate
3of 1.25%, then the tax imposed by this Act applies to 100% of
4the proceeds of sales of gasohol made during that time.
5    With respect to majority blended ethanol fuel, as defined
6in the Use Tax Act, the tax imposed by this Act does not apply
7to the selling price of property transferred as an incident to
8the sale of service on or after July 1, 2003 and on or before
9December 31, 2023 but applies to 100% of the selling price
10thereafter.
11    With respect to biodiesel blends, as defined in the Use Tax
12Act, with no less than 1% and no more than 10% biodiesel, the
13tax imposed by this Act applies to (i) 80% of the selling price
14of property transferred as an incident to the sale of service
15on or after July 1, 2003 and on or before December 31, 2018 and
16(ii) 100% of the proceeds of the selling price thereafter. If,
17at any time, however, the tax under this Act on sales of
18biodiesel blends, as defined in the Use Tax Act, with no less
19than 1% and no more than 10% biodiesel is imposed at the rate
20of 1.25%, then the tax imposed by this Act applies to 100% of
21the proceeds of sales of biodiesel blends with no less than 1%
22and no more than 10% biodiesel made during that time.
23    With respect to 100% biodiesel, as defined in the Use Tax
24Act, and biodiesel blends, as defined in the Use Tax Act, with
25more than 10% but no more than 99% biodiesel, the tax imposed
26by this Act does not apply to the proceeds of the selling price

 

 

10100HB0902ham001- 59 -LRB101 08006 RLC 57865 a

1of property transferred as an incident to the sale of service
2on or after July 1, 2003 and on or before December 31, 2023 but
3applies to 100% of the selling price thereafter.
4    At the election of any registered serviceman made for each
5fiscal year, sales of service in which the aggregate annual
6cost price of tangible personal property transferred as an
7incident to the sales of service is less than 35%, or 75% in
8the case of servicemen transferring prescription drugs or
9servicemen engaged in graphic arts production, of the aggregate
10annual total gross receipts from all sales of service, the tax
11imposed by this Act shall be based on the serviceman's cost
12price of the tangible personal property transferred as an
13incident to the sale of those services.
14    The tax shall be imposed at the rate of 1% on food prepared
15for immediate consumption and transferred incident to a sale of
16service subject to this Act or the Service Occupation Tax Act
17by an entity licensed under the Hospital Licensing Act, the
18Nursing Home Care Act, the ID/DD Community Care Act, the MC/DD
19Act, the Specialized Mental Health Rehabilitation Act of 2013,
20or the Child Care Act of 1969. The tax shall also be imposed at
21the rate of 1% on food for human consumption that is to be
22consumed off the premises where it is sold (other than
23alcoholic beverages, soft drinks, and food that has been
24prepared for immediate consumption and is not otherwise
25included in this paragraph) and prescription and
26nonprescription medicines, drugs, medical appliances, products

 

 

10100HB0902ham001- 60 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 61 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 62 -LRB101 08006 RLC 57865 a

1lotions and screens, unless those products are available by
2prescription only, regardless of whether the products meet the
3definition of "over-the-counter-drugs". For the purposes of
4this paragraph, "over-the-counter-drug" means a drug for human
5use that contains a label that identifies the product as a drug
6as required by 21 C.F.R. 201.66. The "over-the-counter-drug"
7label includes:
8        (A) A "Drug Facts" panel; or
9        (B) A statement of the "active ingredient(s)" with a
10    list of those ingredients contained in the compound,
11    substance or preparation.
12    Beginning on January 1, 2014 (the effective date of Public
13Act 98-122), "prescription and nonprescription medicines and
14drugs" includes medical cannabis purchased from a registered
15dispensing organization under the Compassionate Use of Medical
16Cannabis Pilot Program Act.
17    If the property that is acquired from a serviceman is
18acquired outside Illinois and used outside Illinois before
19being brought to Illinois for use here and is taxable under
20this Act, the "selling price" on which the tax is computed
21shall be reduced by an amount that represents a reasonable
22allowance for depreciation for the period of prior out-of-state
23use.
24(Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15;
2599-642, eff. 7-28-16; 99-858, eff. 8-19-16; 100-22, eff.
267-6-17.)
 

 

 

10100HB0902ham001- 63 -LRB101 08006 RLC 57865 a

1    Section 922. The Service Occupation Tax Act is amended by
2changing Section 3-10 as follows:
 
3    (35 ILCS 115/3-10)  (from Ch. 120, par. 439.103-10)
4    Sec. 3-10. Rate of tax. Unless otherwise provided in this
5Section, the tax imposed by this Act is at the rate of 6.25% of
6the "selling price", as defined in Section 2 of the Service Use
7Tax Act, of the tangible personal property. For the purpose of
8computing this tax, in no event shall the "selling price" be
9less than the cost price to the serviceman of the tangible
10personal property transferred. The selling price of each item
11of tangible personal property transferred as an incident of a
12sale of service may be shown as a distinct and separate item on
13the serviceman's billing to the service customer. If the
14selling price is not so shown, the selling price of the
15tangible personal property is deemed to be 50% of the
16serviceman's entire billing to the service customer. When,
17however, a serviceman contracts to design, develop, and produce
18special order machinery or equipment, the tax imposed by this
19Act shall be based on the serviceman's cost price of the
20tangible personal property transferred incident to the
21completion of the contract.
22    Beginning on July 1, 2000 and through December 31, 2000,
23with respect to motor fuel, as defined in Section 1.1 of the
24Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of

 

 

10100HB0902ham001- 64 -LRB101 08006 RLC 57865 a

1the Use Tax Act, the tax is imposed at the rate of 1.25%.
2    With respect to gasohol, as defined in the Use Tax Act, the
3tax imposed by this Act shall apply to (i) 70% of the cost
4price of property transferred as an incident to the sale of
5service on or after January 1, 1990, and before July 1, 2003,
6(ii) 80% of the selling price of property transferred as an
7incident to the sale of service on or after July 1, 2003 and on
8or before July 1, 2017, and (iii) 100% of the cost price
9thereafter. If, at any time, however, the tax under this Act on
10sales of gasohol, as defined in the Use Tax Act, is imposed at
11the rate of 1.25%, then the tax imposed by this Act applies to
12100% of the proceeds of sales of gasohol made during that time.
13    With respect to majority blended ethanol fuel, as defined
14in the Use Tax Act, the tax imposed by this Act does not apply
15to the selling price of property transferred as an incident to
16the sale of service on or after July 1, 2003 and on or before
17December 31, 2023 but applies to 100% of the selling price
18thereafter.
19    With respect to biodiesel blends, as defined in the Use Tax
20Act, with no less than 1% and no more than 10% biodiesel, the
21tax imposed by this Act applies to (i) 80% of the selling price
22of property transferred as an incident to the sale of service
23on or after July 1, 2003 and on or before December 31, 2018 and
24(ii) 100% of the proceeds of the selling price thereafter. If,
25at any time, however, the tax under this Act on sales of
26biodiesel blends, as defined in the Use Tax Act, with no less

 

 

10100HB0902ham001- 65 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 66 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 67 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 68 -LRB101 08006 RLC 57865 a

1ingredients or flavorings in the form of bars, drops, or
2pieces. "Candy" does not include any preparation that contains
3flour or requires refrigeration.
4    Notwithstanding any other provisions of this Act,
5beginning September 1, 2009, "nonprescription medicines and
6drugs" does not include grooming and hygiene products. For
7purposes of this Section, "grooming and hygiene products"
8includes, but is not limited to, soaps and cleaning solutions,
9shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
10lotions and screens, unless those products are available by
11prescription only, regardless of whether the products meet the
12definition of "over-the-counter-drugs". For the purposes of
13this paragraph, "over-the-counter-drug" means a drug for human
14use that contains a label that identifies the product as a drug
15as required by 21 C.F.R. 201.66. The "over-the-counter-drug"
16label includes:
17        (A) A "Drug Facts" panel; or
18        (B) A statement of the "active ingredient(s)" with a
19    list of those ingredients contained in the compound,
20    substance or preparation.
21    Beginning on January 1, 2014 (the effective date of Public
22Act 98-122), "prescription and nonprescription medicines and
23drugs" includes medical cannabis purchased from a registered
24dispensing organization under the Compassionate Use of Medical
25Cannabis Pilot Program Act.
26(Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15;

 

 

10100HB0902ham001- 69 -LRB101 08006 RLC 57865 a

199-642, eff. 7-28-16; 99-858, eff. 8-19-16; 100-22, eff.
27-6-17.)
 
3    Section 923. The Retailers' Occupation Tax Act is amended
4by changing Section 2-10 as follows:
 
5    (35 ILCS 120/2-10)
6    Sec. 2-10. Rate of tax. Unless otherwise provided in this
7Section, the tax imposed by this Act is at the rate of 6.25% of
8gross receipts from sales of tangible personal property made in
9the course of business.
10    Beginning on July 1, 2000 and through December 31, 2000,
11with respect to motor fuel, as defined in Section 1.1 of the
12Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
13the Use Tax Act, the tax is imposed at the rate of 1.25%.
14    Beginning on August 6, 2010 through August 15, 2010, with
15respect to sales tax holiday items as defined in Section 2-8 of
16this Act, the tax is imposed at the rate of 1.25%.
17    Within 14 days after the effective date of this amendatory
18Act of the 91st General Assembly, each retailer of motor fuel
19and gasohol shall cause the following notice to be posted in a
20prominently visible place on each retail dispensing device that
21is used to dispense motor fuel or gasohol in the State of
22Illinois: "As of July 1, 2000, the State of Illinois has
23eliminated the State's share of sales tax on motor fuel and
24gasohol through December 31, 2000. The price on this pump

 

 

10100HB0902ham001- 70 -LRB101 08006 RLC 57865 a

1should reflect the elimination of the tax." The notice shall be
2printed in bold print on a sign that is no smaller than 4
3inches by 8 inches. The sign shall be clearly visible to
4customers. Any retailer who fails to post or maintain a
5required sign through December 31, 2000 is guilty of a petty
6offense for which the fine shall be $500 per day per each
7retail premises where a violation occurs.
8    With respect to gasohol, as defined in the Use Tax Act, the
9tax imposed by this Act applies to (i) 70% of the proceeds of
10sales made on or after January 1, 1990, and before July 1,
112003, (ii) 80% of the proceeds of sales made on or after July
121, 2003 and on or before July 1, 2017, and (iii) 100% of the
13proceeds of sales made thereafter. If, at any time, however,
14the tax under this Act on sales of gasohol, as defined in the
15Use Tax Act, is imposed at the rate of 1.25%, then the tax
16imposed by this Act applies to 100% of the proceeds of sales of
17gasohol made during that time.
18    With respect to majority blended ethanol fuel, as defined
19in the Use Tax Act, the tax imposed by this Act does not apply
20to the proceeds of sales made on or after July 1, 2003 and on or
21before December 31, 2023 but applies to 100% of the proceeds of
22sales made thereafter.
23    With respect to biodiesel blends, as defined in the Use Tax
24Act, with no less than 1% and no more than 10% biodiesel, the
25tax imposed by this Act applies to (i) 80% of the proceeds of
26sales made on or after July 1, 2003 and on or before December

 

 

10100HB0902ham001- 71 -LRB101 08006 RLC 57865 a

131, 2018 and (ii) 100% of the proceeds of sales made
2thereafter. If, at any time, however, the tax under this Act on
3sales of biodiesel blends, as defined in the Use Tax Act, with
4no less than 1% and no more than 10% biodiesel is imposed at
5the rate of 1.25%, then the tax imposed by this Act applies to
6100% of the proceeds of sales of biodiesel blends with no less
7than 1% and no more than 10% biodiesel made during that time.
8    With respect to 100% biodiesel, as defined in the Use Tax
9Act, and biodiesel blends, as defined in the Use Tax Act, with
10more than 10% but no more than 99% biodiesel, the tax imposed
11by this Act does not apply to the proceeds of sales made on or
12after July 1, 2003 and on or before December 31, 2023 but
13applies to 100% of the proceeds of sales made thereafter.
14    With respect to food for human consumption that is to be
15consumed off the premises where it is sold (other than
16alcoholic beverages, soft drinks, and food that has been
17prepared for immediate consumption) and prescription and
18nonprescription medicines, drugs, medical appliances, products
19classified as Class III medical devices by the United States
20Food and Drug Administration that are used for cancer treatment
21pursuant to a prescription, as well as any accessories and
22components related to those devices, modifications to a motor
23vehicle for the purpose of rendering it usable by a person with
24a disability, and insulin, urine testing materials, syringes,
25and needles used by diabetics, for human use, the tax is
26imposed at the rate of 1%. For the purposes of this Section,

 

 

10100HB0902ham001- 72 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 73 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 74 -LRB101 08006 RLC 57865 a

1        (B) A statement of the "active ingredient(s)" with a
2    list of those ingredients contained in the compound,
3    substance or preparation.
4    Beginning on the effective date of this amendatory Act of
5the 98th General Assembly, "prescription and nonprescription
6medicines and drugs" includes medical cannabis purchased from a
7registered dispensing organization under the Compassionate Use
8of Medical Cannabis Pilot Program Act.
9(Source: P.A. 99-143, eff. 7-27-15; 99-858, eff. 8-19-16;
10100-22, eff. 7-6-17.)
 
11    Section 924. The School Code is amended by changing Section
1222-33 as follows:
 
13    (105 ILCS 5/22-33)
14    Sec. 22-33. Medical cannabis.
15    (a) This Section may be referred to as Ashley's Law.
16    (a-5) In this Section, "designated caregiver", "medical
17cannabis infused product", "qualifying patient", and
18"registered" have the meanings given to those terms under
19Section 10 of the Compassionate Use of Medical Cannabis Pilot
20Program Act.
21    (b) Subject to the restrictions under subsections (c)
22through (g) of this Section, a school district, public school,
23charter school, or nonpublic school shall authorize a parent or
24guardian or any other individual registered with the Department

 

 

10100HB0902ham001- 75 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 76 -LRB101 08006 RLC 57865 a

1    (f) A school district, public school, charter school, or
2nonpublic school may not authorize the use of a medical
3cannabis infused product under this Section if the school
4district or school would lose federal funding as a result of
5the authorization.
6    (g) A school district, public school, charter school, or
7nonpublic school shall adopt a policy to implement this
8Section.
9(Source: P.A. 100-660, eff. 8-1-18.)
 
10    Section 924.5. The Medical Practice Act of 1987 is amended
11by changing Section 22 as follows:
 
12    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
13    (Section scheduled to be repealed on December 31, 2019)
14    Sec. 22. Disciplinary action.
15    (A) The Department may revoke, suspend, place on probation,
16reprimand, refuse to issue or renew, or take any other
17disciplinary or non-disciplinary action as the Department may
18deem proper with regard to the license or permit of any person
19issued under this Act, including imposing fines not to exceed
20$10,000 for each violation, upon any of the following grounds:
21        (1) Performance of an elective abortion in any place,
22    locale, facility, or institution other than:
23            (a) a facility licensed pursuant to the Ambulatory
24        Surgical Treatment Center Act;

 

 

10100HB0902ham001- 77 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 78 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 79 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 80 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 81 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 82 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 83 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 84 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 85 -LRB101 08006 RLC 57865 a

1        (50) Repeated failure to adequately collaborate with a
2    physician assistant.
3    Except for actions involving the ground numbered (26), all
4proceedings to suspend, revoke, place on probationary status,
5or take any other disciplinary action as the Department may
6deem proper, with regard to a license on any of the foregoing
7grounds, must be commenced within 5 years next after receipt by
8the Department of a complaint alleging the commission of or
9notice of the conviction order for any of the acts described
10herein. Except for the grounds numbered (8), (9), (26), and
11(29), no action shall be commenced more than 10 years after the
12date of the incident or act alleged to have violated this
13Section. For actions involving the ground numbered (26), a
14pattern of practice or other behavior includes all incidents
15alleged to be part of the pattern of practice or other behavior
16that occurred, or a report pursuant to Section 23 of this Act
17received, within the 10-year period preceding the filing of the
18complaint. In the event of the settlement of any claim or cause
19of action in favor of the claimant or the reduction to final
20judgment of any civil action in favor of the plaintiff, such
21claim, cause of action or civil action being grounded on the
22allegation that a person licensed under this Act was negligent
23in providing care, the Department shall have an additional
24period of 2 years from the date of notification to the
25Department under Section 23 of this Act of such settlement or
26final judgment in which to investigate and commence formal

 

 

10100HB0902ham001- 86 -LRB101 08006 RLC 57865 a

1disciplinary proceedings under Section 36 of this Act, except
2as otherwise provided by law. The time during which the holder
3of the license was outside the State of Illinois shall not be
4included within any period of time limiting the commencement of
5disciplinary action by the Department.
6    The entry of an order or judgment by any circuit court
7establishing that any person holding a license under this Act
8is a person in need of mental treatment operates as a
9suspension of that license. That person may resume their
10practice only upon the entry of a Departmental order based upon
11a finding by the Disciplinary Board that they have been
12determined to be recovered from mental illness by the court and
13upon the Disciplinary Board's recommendation that they be
14permitted to resume their practice.
15    The Department may refuse to issue or take disciplinary
16action concerning the license of any person who fails to file a
17return, or to pay the tax, penalty or interest shown in a filed
18return, or to pay any final assessment of tax, penalty or
19interest, as required by any tax Act administered by the
20Illinois Department of Revenue, until such time as the
21requirements of any such tax Act are satisfied as determined by
22the Illinois Department of Revenue.
23    The Department, upon the recommendation of the
24Disciplinary Board, shall adopt rules which set forth standards
25to be used in determining:
26        (a) when a person will be deemed sufficiently

 

 

10100HB0902ham001- 87 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 88 -LRB101 08006 RLC 57865 a

1multidisciplinary team involved in providing the mental or
2physical examination and evaluation, or both. The
3multidisciplinary team shall be led by a physician licensed to
4practice medicine in all of its branches and may consist of one
5or more or a combination of physicians licensed to practice
6medicine in all of its branches, licensed chiropractic
7physicians, licensed clinical psychologists, licensed clinical
8social workers, licensed clinical professional counselors, and
9other professional and administrative staff. Any examining
10physician or member of the multidisciplinary team may require
11any person ordered to submit to an examination and evaluation
12pursuant to this Section to submit to any additional
13supplemental testing deemed necessary to complete any
14examination or evaluation process, including, but not limited
15to, blood testing, urinalysis, psychological testing, or
16neuropsychological testing. The Disciplinary Board, the
17Licensing Board, or the Department may order the examining
18physician or any member of the multidisciplinary team to
19provide to the Department, the Disciplinary Board, or the
20Licensing Board any and all records, including business
21records, that relate to the examination and evaluation,
22including any supplemental testing performed. The Disciplinary
23Board, the Licensing Board, or the Department may order the
24examining physician or any member of the multidisciplinary team
25to present testimony concerning this examination and
26evaluation of the licensee, permit holder, or applicant,

 

 

10100HB0902ham001- 89 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 90 -LRB101 08006 RLC 57865 a

1issued, continued, reinstated, or renewed licensure to
2practice. Any physician, whose license was granted pursuant to
3Sections 9, 17, or 19 of this Act, or, continued, reinstated,
4renewed, disciplined or supervised, subject to such terms,
5conditions or restrictions who shall fail to comply with such
6terms, conditions or restrictions, or to complete a required
7program of care, counseling, or treatment, as determined by the
8Chief Medical Coordinator or Deputy Medical Coordinators,
9shall be referred to the Secretary for a determination as to
10whether the licensee shall have their license suspended
11immediately, pending a hearing by the Disciplinary Board. In
12instances in which the Secretary immediately suspends a license
13under this Section, a hearing upon such person's license must
14be convened by the Disciplinary Board within 15 days after such
15suspension and completed without appreciable delay. The
16Disciplinary Board shall have the authority to review the
17subject physician's record of treatment and counseling
18regarding the impairment, to the extent permitted by applicable
19federal statutes and regulations safeguarding the
20confidentiality of medical records.
21    An individual licensed under this Act, affected under this
22Section, shall be afforded an opportunity to demonstrate to the
23Disciplinary Board that they can resume practice in compliance
24with acceptable and prevailing standards under the provisions
25of their license.
26    The Department may promulgate rules for the imposition of

 

 

10100HB0902ham001- 91 -LRB101 08006 RLC 57865 a

1fines in disciplinary cases, not to exceed $10,000 for each
2violation of this Act. Fines may be imposed in conjunction with
3other forms of disciplinary action, but shall not be the
4exclusive disposition of any disciplinary action arising out of
5conduct resulting in death or injury to a patient. Any funds
6collected from such fines shall be deposited in the Illinois
7State Medical Disciplinary Fund.
8    All fines imposed under this Section shall be paid within
960 days after the effective date of the order imposing the fine
10or in accordance with the terms set forth in the order imposing
11the fine.
12    (B) The Department shall revoke the license or permit
13issued under this Act to practice medicine or a chiropractic
14physician who has been convicted a second time of committing
15any felony under the Illinois Controlled Substances Act or the
16Methamphetamine Control and Community Protection Act, or who
17has been convicted a second time of committing a Class 1 felony
18under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
19person whose license or permit is revoked under this subsection
20B shall be prohibited from practicing medicine or treating
21human ailments without the use of drugs and without operative
22surgery.
23    (C) The Department shall not revoke, suspend, place on
24probation, reprimand, refuse to issue or renew, or take any
25other disciplinary or non-disciplinary action against the
26license or permit issued under this Act to practice medicine to

 

 

10100HB0902ham001- 92 -LRB101 08006 RLC 57865 a

1a physician:
2        (1) based solely upon the recommendation of the
3    physician to an eligible patient regarding, or
4    prescription for, or treatment with, an investigational
5    drug, biological product, or device; or
6        (2) for experimental treatment for Lyme disease or
7    other tick-borne diseases, including, but not limited to,
8    the prescription of or treatment with long-term
9    antibiotics.
10    (D) The Disciplinary Board shall recommend to the
11Department civil penalties and any other appropriate
12discipline in disciplinary cases when the Board finds that a
13physician willfully performed an abortion with actual
14knowledge that the person upon whom the abortion has been
15performed is a minor or an incompetent person without notice as
16required under the Parental Notice of Abortion Act of 1995.
17Upon the Board's recommendation, the Department shall impose,
18for the first violation, a civil penalty of $1,000 and for a
19second or subsequent violation, a civil penalty of $5,000.
20(Source: P.A. 99-270, eff. 1-1-16; 99-933, eff. 1-27-17;
21100-429, eff. 8-25-17; 100-513, eff. 1-1-18; 100-605, eff.
221-1-19; 100-863, eff. 8-14-18; 100-1137, eff. 1-1-19; revised
2312-19-18.)
 
24    Section 925. The Compassionate Use of Medical Cannabis
25Pilot Program Act is amended by changing Sections 1, 7, 10, 36,

 

 

10100HB0902ham001- 93 -LRB101 08006 RLC 57865 a

155, 62, 130, 160, 195, and 200 as follows:
 
2    (410 ILCS 130/1)
3    (Section scheduled to be repealed on July 1, 2020)
4    Sec. 1. Short title. This Act may be cited as the
5Compassionate Use of Medical Cannabis Pilot Program Act.
6(Source: P.A. 98-122, eff. 1-1-14.)
 
7    (410 ILCS 130/7)
8    (Section scheduled to be repealed on July 1, 2020)
9    Sec. 7. Lawful user and lawful products. For the purposes
10of this Act and to clarify the legislative findings on the
11lawful use of cannabis:
12        (1) A cardholder under this Act shall not be considered
13    an unlawful user or addicted to narcotics solely as a
14    result of his or her qualifying patient or designated
15    caregiver status.
16        (2) All medical cannabis products purchased by a
17    qualifying patient at a licensed dispensing organization
18    shall be lawful products and a distinction shall be made
19    between medical and non-medical uses of cannabis as a
20    result of the qualifying patient's cardholder status,
21    provisional registration for qualifying patient cardholder
22    status, or participation in the Opioid Alternative Pilot
23    Program under the authorized use granted under State law.
24        (3) An individual with a provisional registration for

 

 

10100HB0902ham001- 94 -LRB101 08006 RLC 57865 a

1    qualifying patient cardholder status, a qualifying patient
2    in the medical cannabis pilot program, or an Opioid
3    Alternative Pilot Program participant under Section 62
4    shall not be considered an unlawful user or addicted to
5    narcotics solely as a result of his or her application to
6    or participation in the program.
7(Source: P.A. 99-519, eff. 6-30-16; 100-1114, eff. 8-28-18.)
 
8    (410 ILCS 130/10)
9    (Section scheduled to be repealed on July 1, 2020)
10    Sec. 10. Definitions. The following terms, as used in this
11Act, shall have the meanings set forth in this Section:
12    (a) "Adequate supply" means:
13        (1) 2.5 ounces of usable cannabis during a period of 14
14    days and that is derived solely from an intrastate source.
15        (2) Subject to the rules of the Department of Public
16    Health, a patient may apply for a waiver where a physician
17    provides a substantial medical basis in a signed, written
18    statement asserting that, based on the patient's medical
19    history, in the physician's professional judgment, 2.5
20    ounces is an insufficient adequate supply for a 14-day
21    period to properly alleviate the patient's debilitating
22    medical condition or symptoms associated with the
23    debilitating medical condition.
24        (3) This subsection may not be construed to authorize
25    the possession of more than 2.5 ounces at any time without

 

 

10100HB0902ham001- 95 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 96 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 97 -LRB101 08006 RLC 57865 a

1    disorder (PTSD), or the treatment of these conditions;
2        (1.5) terminal illness with a diagnosis of 6 months or
3    less; if the terminal illness is not one of the qualifying
4    debilitating medical conditions, then the physician shall
5    on the certification form identify the cause of the
6    terminal illness; or
7        (2) any other debilitating medical condition or its
8    treatment that is added by the Department of Public Health
9    by rule as provided in Section 45.
10    (i) "Designated caregiver" means a person who: (1) is at
11least 21 years of age; (2) has agreed to assist with a
12patient's medical use of cannabis; (3) has not been convicted
13of an excluded offense; and (4) assists no more than one
14registered qualifying patient with his or her medical use of
15cannabis.
16    (j) "Dispensing organization agent identification card"
17means a document issued by the Department of Financial and
18Professional Regulation that identifies a person as a medical
19cannabis dispensing organization agent.
20    (k) "Enclosed, locked facility" means a room, greenhouse,
21building, or other enclosed area equipped with locks or other
22security devices that permit access only by a cultivation
23center's agents or a dispensing organization's agent working
24for the registered cultivation center or the registered
25dispensing organization to cultivate, store, and distribute
26cannabis for registered qualifying patients.

 

 

10100HB0902ham001- 98 -LRB101 08006 RLC 57865 a

1    (l) "Excluded offense" for cultivation center agents and
2dispensing organizations means:
3        (1) a violent crime defined in Section 3 of the Rights
4    of Crime Victims and Witnesses Act or a substantially
5    similar offense that was classified as a felony in the
6    jurisdiction where the person was convicted; or
7        (2) a violation of a state or federal controlled
8    substance law, the Cannabis Control Act, or the
9    Methamphetamine Control and Community Protection Act that
10    was classified as a felony in the jurisdiction where the
11    person was convicted, except that the registering
12    Department may waive this restriction if the person
13    demonstrates to the registering Department's satisfaction
14    that his or her conviction was for the possession,
15    cultivation, transfer, or delivery of a reasonable amount
16    of cannabis intended for medical use. This exception does
17    not apply if the conviction was under state law and
18    involved a violation of an existing medical cannabis law.
19    For purposes of this subsection, the Department of Public
20Health shall determine by emergency rule within 30 days after
21the effective date of this amendatory Act of the 99th General
22Assembly what constitutes a "reasonable amount".
23    (l-5) (Blank).
24    (l-10) "Illinois Cannabis Tracking System" means a
25web-based system established and maintained by the Department
26of Public Health that is available to the Department of

 

 

10100HB0902ham001- 99 -LRB101 08006 RLC 57865 a

1Agriculture, the Department of Financial and Professional
2Regulation, the Illinois State Police, and registered medical
3cannabis dispensing organizations on a 24-hour basis to upload
4written certifications for Opioid Alternative Pilot Program
5participants, to verify Opioid Alternative Pilot Program
6participants, to verify Opioid Alternative Pilot Program
7participants' available cannabis allotment and assigned
8dispensary, and the tracking of the date of sale, amount, and
9price of medical cannabis purchased by an Opioid Alternative
10Pilot Program participant.
11    (m) "Medical cannabis cultivation center registration"
12means a registration issued by the Department of Agriculture.
13    (n) "Medical cannabis container" means a sealed,
14traceable, food compliant, tamper resistant, tamper evident
15container, or package used for the purpose of containment of
16medical cannabis from a cultivation center to a dispensing
17organization.
18    (o) "Medical cannabis dispensing organization", or
19"dispensing organization", or "dispensary organization" means
20a facility operated by an organization or business that is
21registered by the Department of Financial and Professional
22Regulation to acquire medical cannabis from a registered
23cultivation center for the purpose of dispensing cannabis,
24paraphernalia, or related supplies and educational materials
25to registered qualifying patients, individuals with a
26provisional registration for qualifying patient cardholder

 

 

10100HB0902ham001- 100 -LRB101 08006 RLC 57865 a

1status, or an Opioid Alternative Pilot Program participant.
2    (p) "Medical cannabis dispensing organization agent" or
3"dispensing organization agent" means a principal officer,
4board member, employee, or agent of a registered medical
5cannabis dispensing organization who is 21 years of age or
6older and has not been convicted of an excluded offense.
7    (q) "Medical cannabis infused product" means food, oils,
8ointments, or other products containing usable cannabis that
9are not smoked.
10    (r) "Medical use" means the acquisition; administration;
11delivery; possession; transfer; transportation; or use of
12cannabis to treat or alleviate a registered qualifying
13patient's debilitating medical condition or symptoms
14associated with the patient's debilitating medical condition.
15    (r-5) "Opioid" means a narcotic drug or substance that is a
16Schedule II controlled substance under paragraph (1), (2), (3),
17or (5) of subsection (b) or under subsection (c) of Section 206
18of the Illinois Controlled Substances Act.
19    (r-10) "Opioid Alternative Pilot Program participant"
20means an individual who has received a valid written
21certification to participate in the Opioid Alternative Pilot
22Program for a medical condition for which an opioid has been or
23could be prescribed by a physician based on generally accepted
24standards of care.
25    (s) "Physician" means a doctor of medicine or doctor of
26osteopathy licensed under the Medical Practice Act of 1987 to

 

 

10100HB0902ham001- 101 -LRB101 08006 RLC 57865 a

1practice medicine and who has a controlled substances license
2under Article III of the Illinois Controlled Substances Act. It
3does not include a licensed practitioner under any other Act
4including but not limited to the Illinois Dental Practice Act.
5    (s-5) "Provisional registration" means a document issued
6by the Department of Public Health to a qualifying patient who
7has submitted: (1) an online application and paid a fee to
8participate in Compassionate Use of Medical Cannabis Pilot
9Program pending approval or denial of the patient's
10application; or (2) a completed application for terminal
11illness.
12    (t) "Qualifying patient" means a person who has been
13diagnosed by a physician with a condition that the physician
14believes would benefit from the use of medical cannabis as
15having a debilitating medical condition.
16    (u) "Registered" means licensed, permitted, or otherwise
17certified by the Department of Agriculture, Department of
18Public Health, or Department of Financial and Professional
19Regulation.
20    (v) "Registry identification card" means a document issued
21by the Department of Public Health that identifies a person as
22a registered qualifying patient or registered designated
23caregiver.
24    (w) "Usable cannabis" means the seeds, leaves, buds, and
25flowers of the cannabis plant and any mixture or preparation
26thereof, but does not include the stalks, and roots of the

 

 

10100HB0902ham001- 102 -LRB101 08006 RLC 57865 a

1plant. It does not include the weight of any non-cannabis
2ingredients combined with cannabis, such as ingredients added
3to prepare a topical administration, food, or drink.
4    (x) "Verification system" means a Web-based system
5established and maintained by the Department of Public Health
6that is available to the Department of Agriculture, the
7Department of Financial and Professional Regulation, law
8enforcement personnel, and registered medical cannabis
9dispensing organization agents on a 24-hour basis for the
10verification of registry identification cards, the tracking of
11delivery of medical cannabis to medical cannabis dispensing
12organizations, and the tracking of the date of sale, amount,
13and price of medical cannabis purchased by a registered
14qualifying patient.
15    (y) "Written certification" means a document dated and
16signed by a physician, stating (1) that the qualifying patient
17has a debilitating medical condition and specifying the
18debilitating medical condition the qualifying patient has; and
19(2) that (A) the physician is treating or managing treatment of
20the patient's debilitating medical condition; or (B) an Opioid
21Alternative Pilot Program participant has a medical condition
22for which opioids have been or could be prescribed. A written
23certification shall be made only in the course of a bona fide
24physician-patient relationship, after the physician has
25completed an assessment of either a qualifying patient's
26medical history or Opioid Alternative Pilot Program

 

 

10100HB0902ham001- 103 -LRB101 08006 RLC 57865 a

1participant, reviewed relevant records related to the
2patient's debilitating condition, and conducted a physical
3examination.
4    (z) "Bona fide physician-patient relationship" means a
5relationship established at a hospital, physician's office, or
6other health care facility in which the physician has an
7ongoing responsibility for the assessment, care, and treatment
8of a patient's debilitating medical condition or a symptom of
9the patient's debilitating medical condition.
10    A veteran who has received treatment at a VA hospital shall
11be deemed to have a bona fide physician-patient relationship
12with a VA physician if the patient has been seen for his or her
13debilitating medical condition at the VA Hospital in accordance
14with VA Hospital protocols.
15    A bona fide physician-patient relationship under this
16subsection is a privileged communication within the meaning of
17Section 8-802 of the Code of Civil Procedure.
18(Source: P.A. 99-519, eff. 6-30-16; 100-1114, eff. 8-28-18.)
 
19    (410 ILCS 130/36)
20    Sec. 36. Written certification.
21    (a) A certification confirming a patient's debilitating
22medical condition shall be written on a form provided by the
23Department of Public Health and shall include, at a minimum,
24the following:
25        (1) the qualifying patient's name, date of birth, home

 

 

10100HB0902ham001- 104 -LRB101 08006 RLC 57865 a

1    address, and primary telephone number;
2        (2) the physician's name, address, telephone number,
3    email address, medical license number, and active
4    controlled substances license under the Illinois
5    Controlled Substances Act and indication of specialty or
6    primary area of clinical practice, if any;
7        (3) the qualifying patient's debilitating medical
8    condition;
9        (4) a statement that the physician has confirmed a
10    diagnosis of a debilitating condition; is treating or
11    managing treatment of the patient's debilitating
12    condition; has a bona fide physician-patient relationship;
13    has conducted an in-person physical examination; and has
14    conducted a review of the patient's medical history,
15    including reviewing medical records from other treating
16    physicians, if any, from the previous 12 months;
17        (5) the physician's signature and date of
18    certification; and
19        (6) a statement that a participant in possession of a
20    written certification indicating a debilitating medical
21    condition shall not be considered an unlawful user or
22    addicted to narcotics solely as a result of his or her
23    pending application to or participation in the
24    Compassionate Use of Medical Cannabis Pilot Program.
25    (b) A written certification does not constitute a
26prescription for medical cannabis.

 

 

10100HB0902ham001- 105 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 106 -LRB101 08006 RLC 57865 a

1    participation in the program.
2    (e) The Department of Public Health may provide a single
3certification form for subsections (a) and (d) of this Section,
4provided that all requirements of those subsections are
5included on the form.
6    (f) The Department of Public Health shall not include the
7word "cannabis" on any application forms or written
8certification forms that it issues under this Section.
9    (g) A written certification does not constitute a
10prescription.
11    (h) It is unlawful for any person to knowingly submit a
12fraudulent certification to be a qualifying patient in the
13Compassionate Use of Medical Cannabis Pilot Program or an
14Opioid Alternative Pilot Program participant. A violation of
15this subsection shall result in the person who has knowingly
16submitted the fraudulent certification being permanently
17banned from participating in the Compassionate Use of Medical
18Cannabis Pilot Program or the Opioid Alternative Pilot Program.
19(Source: P.A. 100-1114, eff. 8-28-18.)
 
20    (410 ILCS 130/55)
21    (Section scheduled to be repealed on July 1, 2020)
22    Sec. 55. Registration of qualifying patients and
23designated caregivers.
24    (a) The Department of Public Health shall issue registry
25identification cards to qualifying patients and designated

 

 

10100HB0902ham001- 107 -LRB101 08006 RLC 57865 a

1caregivers who submit a completed application, and at minimum,
2the following, in accordance with Department of Public Health
3rules:
4        (1) A written certification, on a form developed by the
5    Department of Public Health consistent with Section 36 and
6    issued by a physician, within 90 days immediately preceding
7    the date of an application;
8        (2) upon the execution of applicable privacy waivers,
9    the patient's medical documentation related to his or her
10    debilitating condition and any other information that may
11    be reasonably required by the Department of Public Health
12    to confirm that the physician and patient have a bona fide
13    physician-patient relationship, that the qualifying
14    patient is in the physician's care for his or her
15    debilitating medical condition, and to substantiate the
16    patient's diagnosis;
17        (3) the application or renewal fee as set by rule;
18        (4) the name, address, date of birth, and social
19    security number of the qualifying patient, except that if
20    the applicant is homeless no address is required;
21        (5) the name, address, and telephone number of the
22    qualifying patient's physician;
23        (6) the name, address, and date of birth of the
24    designated caregiver, if any, chosen by the qualifying
25    patient;
26        (7) the name of the registered medical cannabis

 

 

10100HB0902ham001- 108 -LRB101 08006 RLC 57865 a

1    dispensing organization the qualifying patient designates;
2        (8) signed statements from the patient and designated
3    caregiver asserting that they will not divert medical
4    cannabis; and
5        (9) (blank).
6    (b) Notwithstanding any other provision of this Act, a
7person provided a written certification for a debilitating
8medical condition who has submitted a completed online
9application to the Department of Public Health shall receive a
10provisional registration and be entitled to purchase medical
11cannabis from a specified licensed dispensing organization for
12a period of 90 days or until his or her application has been
13denied or he or she receives a registry identification card,
14whichever is earlier. However, a person may obtain an
15additional provisional registration after the expiration of 90
16days after the date of application if the Department of Public
17Health does not provide the individual with a registry
18identification card or deny the individual's application
19within those 90 days.
20    The provisional registration may not be extended if the
21individual does not respond to the Department of Public
22Health's request for additional information or corrections to
23required application documentation.
24    In order for a person to receive medical cannabis under
25this subsection, a person must present his or her provisional
26registration along with a valid driver's license or State

 

 

10100HB0902ham001- 109 -LRB101 08006 RLC 57865 a

1identification card to the licensed dispensing organization
2specified in his or her application. The dispensing
3organization shall verify the person's provisional
4registration through the Department of Public Health's online
5verification system.
6    Upon verification of the provided documents, the
7dispensing organization shall dispense no more than 2.5 ounces
8of medical cannabis during a 14-day period to the person for a
9period of 90 days, until his or her application has been
10denied, or until he or she receives a registry identification
11card from the Department of Public Health, whichever is
12earlier.
13    Persons with provisional registrations must keep their
14provisional registration in his or her possession at all times
15when transporting or engaging in the medical use of cannabis.
16    (c) No person or business shall charge a fee for assistance
17in the preparation, compilation, or submission of an
18application to the Compassionate Use of Medical Cannabis Pilot
19Program or the Opioid Alternative Pilot Program. A violation of
20this subsection is a Class C misdemeanor, for which restitution
21to the applicant and a fine of up to $1,500 may be imposed. All
22fines shall be deposited into the Compassionate Use of Medical
23Cannabis Fund after restitution has been made to the applicant.
24The Department of Public Health shall refer individuals making
25complaints against a person or business under this Section to
26the Illinois State Police, who shall enforce violations of this

 

 

10100HB0902ham001- 110 -LRB101 08006 RLC 57865 a

1provision. All application forms issued by the Department shall
2state that no person or business may charge a fee for
3assistance in the preparation, compilation, or submission of an
4application to the Compassionate Use of Medical Cannabis Pilot
5Program or the Opioid Alternative Pilot Program.
6(Source: P.A. 100-1114, eff. 8-28-18.)
 
7    (410 ILCS 130/62)
8    Sec. 62. Opioid Alternative Pilot Program.
9    (a) The Department of Public Health shall establish the
10Opioid Alternative Pilot Program. Licensed dispensing
11organizations shall allow persons with a written certification
12from a licensed physician under Section 36 to purchase medical
13cannabis upon enrollment in the Opioid Alternative Pilot
14Program. For a person to receive medical cannabis under this
15Section, the person must present the written certification
16along with a valid driver's license or state identification
17card to the licensed dispensing organization specified in his
18or her application. The dispensing organization shall verify
19the person's status as an Opioid Alternative Pilot Program
20participant through the Department of Public Health's online
21verification system.
22    (b) The Opioid Alternative Pilot Program shall be limited
23to participation by Illinois residents age 21 and older.
24    (c) The Department of Financial and Professional
25Regulation shall specify that all licensed dispensing

 

 

10100HB0902ham001- 111 -LRB101 08006 RLC 57865 a

1organizations participating in the Opioid Alternative Pilot
2Program use the Illinois Cannabis Tracking System. The
3Department of Public Health shall establish and maintain the
4Illinois Cannabis Tracking System. The Illinois Cannabis
5Tracking System shall be used to collect information about all
6persons participating in the Opioid Alternative Pilot Program
7and shall be used to track the sale of medical cannabis for
8verification purposes.
9    Each dispensing organization shall retain a copy of the
10Opioid Alternative Pilot Program certification and other
11identifying information as required by the Department of
12Financial and Professional Regulation, the Department of
13Public Health, and the Illinois State Police in the Illinois
14Cannabis Tracking System.
15    The Illinois Cannabis Tracking System shall be accessible
16to the Department of Financial and Professional Regulation,
17Department of Public Health, Department of Agriculture, and the
18Illinois State Police.
19    The Department of Financial and Professional Regulation in
20collaboration with the Department of Public Health shall
21specify the data requirements for the Opioid Alternative Pilot
22Program by licensed dispensing organizations; including, but
23not limited to, the participant's full legal name, address, and
24date of birth, date on which the Opioid Alternative Pilot
25Program certification was issued, length of the participation
26in the Program, including the start and end date to purchase

 

 

10100HB0902ham001- 112 -LRB101 08006 RLC 57865 a

1medical cannabis, name of the issuing physician, copy of the
2participant's current driver's license or State identification
3card, and phone number.
4    The Illinois Cannabis Tracking System shall provide
5verification of a person's participation in the Opioid
6Alternative Pilot Program for law enforcement at any time and
7on any day.
8    (d) The certification for Opioid Alternative Pilot Program
9participant must be issued by a physician licensed to practice
10in Illinois under the Medical Practice Act of 1987 and in good
11standing who holds a controlled substances license under
12Article III of the Illinois Controlled Substances Act.
13    The certification for an Opioid Alternative Pilot Program
14participant shall be written within 90 days before the
15participant submits his or her certification to the dispensing
16organization.
17    The written certification uploaded to the Illinois
18Cannabis Tracking System shall be accessible to the Department
19of Public Health.
20    (e) Upon verification of the individual's valid
21certification and enrollment in the Illinois Cannabis Tracking
22System, the dispensing organization may dispense the medical
23cannabis, in amounts not exceeding 2.5 ounces of medical
24cannabis per 14-day period to the participant at the
25participant's specified dispensary for no more than 90 days.
26    An Opioid Alternative Pilot Program participant shall not

 

 

10100HB0902ham001- 113 -LRB101 08006 RLC 57865 a

1be registered as a medical cannabis cardholder. The dispensing
2organization shall verify that the person is not an active
3registered qualifying patient prior to enrollment in the Opioid
4Alternative Pilot Program and each time medical cannabis is
5dispensed.
6    Upon receipt of a written certification under the Opioid
7Alternative Pilot Program, the Department of Public Health
8shall electronically forward the patient's identification
9information to the Prescription Monitoring Program established
10under the Illinois Controlled Substances Act and certify that
11the individual is permitted to engage in the medical use of
12cannabis. For the purposes of patient care, the Prescription
13Monitoring Program shall make a notation on the person's
14prescription record stating that the person has a written
15certification under the Opioid Alternative Pilot Program and is
16a patient who is entitled to the lawful medical use of
17cannabis. If the person is no longer authorized to engage in
18the medical use of cannabis, the Department of Public Health
19shall notify the Prescription Monitoring Program and
20Department of Human Services to remove the notation from the
21person's record. The Department of Human Services and the
22Prescription Monitoring Program shall establish a system by
23which the information may be shared electronically. This
24confidential list may not be combined or linked in any manner
25with any other list or database except as provided in this
26Section.

 

 

10100HB0902ham001- 114 -LRB101 08006 RLC 57865 a

1    (f) An Opioid Alternative Pilot Program participant shall
2not be considered a qualifying patient with a debilitating
3medical condition under this Act and shall be provided access
4to medical cannabis solely for the duration of the
5participant's certification. Nothing in this Section shall be
6construed to limit or prohibit an Opioid Alternative Pilot
7Program participant who has a debilitating medical condition
8from applying to the Compassionate Use of Medical Cannabis
9Pilot Program.
10    (g) A person with a provisional registration under Section
1155 shall not be considered an Opioid Alternative Pilot Program
12participant.
13    (h) The Department of Financial and Professional
14Regulation and the Department of Public Health shall submit
15emergency rulemaking to implement the changes made by this
16amendatory Act of the 100th General Assembly by December 1,
172018. The Department of Financial and Professional Regulation,
18the Department of Agriculture, the Department of Human
19Services, the Department of Public Health, and the Illinois
20State Police shall utilize emergency purchase authority for 12
21months after the effective date of this amendatory Act of the
22100th General Assembly for the purpose of implementing the
23changes made by this amendatory Act of the 100th General
24Assembly.
25    (i) Dispensing organizations are not authorized to
26dispense medical cannabis to Opioid Alternative Pilot Program

 

 

10100HB0902ham001- 115 -LRB101 08006 RLC 57865 a

1participants until administrative rules are approved by the
2Joint Committee on Administrative Rules and go into effect.
3    (j) (Blank). The provisions of this Section are inoperative
4on and after July 1, 2020.
5(Source: P.A. 100-1114, eff. 8-28-18.)
 
6    (410 ILCS 130/130)
7    (Section scheduled to be repealed on July 1, 2020)
8    Sec. 130. Requirements; prohibitions; penalties;
9dispensing organizations.
10    (a) The Department of Financial and Professional
11Regulation shall implement the provisions of this Section by
12rule.
13    (b) A dispensing organization shall maintain operating
14documents which shall include procedures for the oversight of
15the registered dispensing organization and procedures to
16ensure accurate recordkeeping.
17    (c) A dispensing organization shall implement appropriate
18security measures, as provided by rule, to deter and prevent
19the theft of cannabis and unauthorized entrance into areas
20containing cannabis.
21    (d) A dispensing organization may not be located within
221,000 feet of the property line of a pre-existing public or
23private preschool or elementary or secondary school or day care
24center, day care home, group day care home, or part day child
25care facility. A registered dispensing organization may not be

 

 

10100HB0902ham001- 116 -LRB101 08006 RLC 57865 a

1located in a house, apartment, condominium, or an area zoned
2for residential use.
3    (e) A dispensing organization is prohibited from acquiring
4cannabis from anyone other than a registered cultivation
5center. A dispensing organization is prohibited from obtaining
6cannabis from outside the State of Illinois.
7    (f) A registered dispensing organization is prohibited
8from dispensing cannabis for any purpose except to assist
9registered qualifying patients with the medical use of cannabis
10directly or through the qualifying patients' designated
11caregivers.
12    (g) The area in a dispensing organization where medical
13cannabis is stored can only be accessed by dispensing
14organization agents working for the dispensing organization,
15Department of Financial and Professional Regulation staff
16performing inspections, law enforcement or other emergency
17personnel, and contractors working on jobs unrelated to medical
18cannabis, such as installing or maintaining security devices or
19performing electrical wiring.
20    (h) A dispensing organization may not dispense more than
212.5 ounces of cannabis to a registered qualifying patient,
22directly or via a designated caregiver, in any 14-day period
23unless the qualifying patient has a Department of Public
24Health-approved quantity waiver.
25    (i) Except as provided in subsection (i-5), before medical
26cannabis may be dispensed to a designated caregiver or a

 

 

10100HB0902ham001- 117 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 118 -LRB101 08006 RLC 57865 a

1    certification; and
2        (3) that the participant has not exceeded his or her
3    adequate supply.
4    (j) Dispensing organizations shall ensure compliance with
5this limitation by maintaining internal, confidential records
6that include records specifying how much medical cannabis is
7dispensed to the registered qualifying patient and whether it
8was dispensed directly to the registered qualifying patient or
9to the designated caregiver. Each entry must include the date
10and time the cannabis was dispensed. Additional recordkeeping
11requirements may be set by rule.
12    (k) The physician-patient privilege as set forth by Section
138-802 of the Code of Civil Procedure shall apply between a
14qualifying patient and a registered dispensing organization
15and its agents with respect to communications and records
16concerning qualifying patients' debilitating conditions.
17    (l) A dispensing organization may not permit any person to
18consume cannabis on the property of a medical cannabis
19organization.
20    (m) A dispensing organization may not share office space
21with or refer patients to a physician.
22    (n) Notwithstanding any other criminal penalties related
23to the unlawful possession of cannabis, the Department of
24Financial and Professional Regulation may revoke, suspend,
25place on probation, reprimand, refuse to issue or renew, or
26take any other disciplinary or non-disciplinary action as the

 

 

10100HB0902ham001- 119 -LRB101 08006 RLC 57865 a

1Department of Financial and Professional Regulation may deem
2proper with regard to the registration of any person issued
3under this Act to operate a dispensing organization or act as a
4dispensing organization agent, including imposing fines not to
5exceed $10,000 for each violation, for any violations of this
6Act and rules adopted in accordance with this Act. The
7procedures for disciplining a registered dispensing
8organization shall be determined by rule. All final
9administrative decisions of the Department of Financial and
10Professional Regulation are subject to judicial review under
11the Administrative Review Law and its rules. The term
12"administrative decision" is defined as in Section 3-101 of the
13Code of Civil Procedure.
14    (o) Dispensing organizations are subject to random
15inspection and cannabis testing by the Department of Financial
16and Professional Regulation and State Police as provided by
17rule.
18(Source: P.A. 100-1114, eff. 8-28-18.)
 
19    (410 ILCS 130/160)
20    (Section scheduled to be repealed on July 1, 2020)
21    Sec. 160. Annual reports. The Department of Public Health
22shall submit to the General Assembly a report, by September 30
23of each year, that does not disclose any identifying
24information about registered qualifying patients, registered
25caregivers, or physicians, but does contain, at a minimum, all

 

 

10100HB0902ham001- 120 -LRB101 08006 RLC 57865 a

1of the following information based on the fiscal year for
2reporting purposes:
3        (1) the number of applications and renewals filed for
4    registry identification cards or registrations;
5        (2) the number of qualifying patients and designated
6    caregivers served by each dispensary during the report
7    year;
8        (3) the nature of the debilitating medical conditions
9    of the qualifying patients;
10        (4) the number of registry identification cards or
11    registrations revoked for misconduct;
12        (5) the number of physicians providing written
13    certifications for qualifying patients; and
14        (6) the number of registered medical cannabis
15    cultivation centers or registered dispensing
16    organizations;
17        (7) the number of Opioid Alternative Pilot Program
18    participants.
19(Source: P.A. 100-863, eff. 8-14-18; 100-1114, eff. 8-28-18.)
 
20    (410 ILCS 130/195)
21    (Section scheduled to be repealed on July 1, 2020)
22    Sec. 195. Definitions. For the purposes of this Law:
23    "Cultivation center" has the meaning ascribed to that term
24in the Compassionate Use of Medical Cannabis Pilot Program Act.
25    "Department" means the Department of Revenue.

 

 

10100HB0902ham001- 121 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 122 -LRB101 08006 RLC 57865 a

1on page 180, by inserting immediately below line 3 the
2following:
 
3    "Section 931. The Illinois Vehicle Code is amended by
4changing Sections 2-118.2, 6-206.1, 11-501, and 11-501.9 as
5follows:
 
6    (625 ILCS 5/2-118.2)
7    Sec. 2-118.2. Opportunity for hearing; medical
8cannabis-related suspension under Section 11-501.9.
9    (a) A suspension of driving privileges under Section
1011-501.9 of this Code shall not become effective until the
11person is notified in writing of the impending suspension and
12informed that he or she may request a hearing in the circuit
13court of venue under subsection (b) of this Section and the
14suspension shall become effective as provided in Section
1511-501.9.
16    (b) Within 90 days after the notice of suspension served
17under Section 11-501.9, the person may make a written request
18for a judicial hearing in the circuit court of venue. The
19request to the circuit court shall state the grounds upon which
20the person seeks to have the suspension rescinded. Within 30
21days after receipt of the written request or the first
22appearance date on the Uniform Traffic Ticket issued for a
23violation of Section 11-501 of this Code, or a similar

 

 

10100HB0902ham001- 123 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 124 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 125 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 126 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 127 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 128 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 129 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 130 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 131 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 132 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 133 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 134 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 135 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 136 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 137 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 138 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 139 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 140 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 141 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 142 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 143 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 144 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 145 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 146 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 147 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 148 -LRB101 08006 RLC 57865 a

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

 

 

10100HB0902ham001- 149 -LRB101 08006 RLC 57865 a

1shall take effect on the 46th day following the date the notice
2of the suspension was given to the person.
3    (i) When a driving privilege has been suspended under this
4Section and the person is subsequently convicted of violating
5Section 11-501 of this Code, or a similar provision of a local
6ordinance, for the same incident, any period served on
7suspension under this Section shall be credited toward the
8minimum period of revocation of driving privileges imposed
9under Section 6-205 of this Code.
10(Source: P.A. 98-1172, eff. 1-12-15.)"; and
 
11on page 180, line 5, by inserting "5.3," after "5,"; and
 
12on page 184, by inserting immediately below line 18 the
13following:
 
14    "(720 ILCS 550/5.3)
15    Sec. 5.3. Unlawful use of cannabis-based product
16manufacturing equipment.
17    (a) A person commits unlawful use of cannabis-based product
18manufacturing equipment when he or she knowingly engages in the
19possession, procurement, transportation, storage, or delivery
20of any equipment used in the manufacturing of any
21cannabis-based product using volatile or explosive gas,
22including, but not limited to, canisters of butane gas, with
23the intent to manufacture, compound, covert, produce, derive,

 

 

10100HB0902ham001- 150 -LRB101 08006 RLC 57865 a

1process, or prepare either directly or indirectly any
2cannabis-based product.
3    (b) This Section does not apply to a cultivation center or
4cultivation center agent that prepares medical cannabis or
5cannabis-infused products in compliance with the Compassionate
6Use of Medical Cannabis Pilot Program Act and Department of
7Public Health and Department of Agriculture rules.
8    (c) Sentence. A person who violates this Section is guilty
9of a Class 2 felony.
10(Source: P.A. 99-697, eff. 7-29-16.)".