Rep. Bob Morgan

Filed: 5/31/2019

 

 


 

 


 
10100SB2023ham001LRB101 09588 RLC 61491 a

1
AMENDMENT TO SENATE BILL 2023

2    AMENDMENT NO. ______. Amend Senate Bill 2023 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Procurement Code is amended by
5changing Section 1-10 as follows:
 
6    (30 ILCS 500/1-10)
7    Sec. 1-10. Application.
8    (a) This Code applies only to procurements for which
9bidders, offerors, potential contractors, or contractors were
10first solicited on or after July 1, 1998. This Code shall not
11be construed to affect or impair any contract, or any provision
12of a contract, entered into based on a solicitation prior to
13the implementation date of this Code as described in Article
1499, including but not limited to any covenant entered into with
15respect to any revenue bonds or similar instruments. All
16procurements for which contracts are solicited between the

 

 

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1effective date of Articles 50 and 99 and July 1, 1998 shall be
2substantially in accordance with this Code and its intent.
3    (b) This Code shall apply regardless of the source of the
4funds with which the contracts are paid, including federal
5assistance moneys. This Code shall not apply to:
6        (1) Contracts between the State and its political
7    subdivisions or other governments, or between State
8    governmental bodies, except as specifically provided in
9    this Code.
10        (2) Grants, except for the filing requirements of
11    Section 20-80.
12        (3) Purchase of care, except as provided in Section
13    5-30.6 of the Illinois Public Aid Code and this Section.
14        (4) Hiring of an individual as employee and not as an
15    independent contractor, whether pursuant to an employment
16    code or policy or by contract directly with that
17    individual.
18        (5) Collective bargaining contracts.
19        (6) Purchase of real estate, except that notice of this
20    type of contract with a value of more than $25,000 must be
21    published in the Procurement Bulletin within 10 calendar
22    days after the deed is recorded in the county of
23    jurisdiction. The notice shall identify the real estate
24    purchased, the names of all parties to the contract, the
25    value of the contract, and the effective date of the
26    contract.

 

 

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1        (7) Contracts necessary to prepare for anticipated
2    litigation, enforcement actions, or investigations,
3    provided that the chief legal counsel to the Governor shall
4    give his or her prior approval when the procuring agency is
5    one subject to the jurisdiction of the Governor, and
6    provided that the chief legal counsel of any other
7    procuring entity subject to this Code shall give his or her
8    prior approval when the procuring entity is not one subject
9    to the jurisdiction of the Governor.
10        (8) (Blank).
11        (9) Procurement expenditures by the Illinois
12    Conservation Foundation when only private funds are used.
13        (10) (Blank).
14        (11) Public-private agreements entered into according
15    to the procurement requirements of Section 20 of the
16    Public-Private Partnerships for Transportation Act and
17    design-build agreements entered into according to the
18    procurement requirements of Section 25 of the
19    Public-Private Partnerships for Transportation Act.
20        (12) Contracts for legal, financial, and other
21    professional and artistic services entered into on or
22    before December 31, 2018 by the Illinois Finance Authority
23    in which the State of Illinois is not obligated. Such
24    contracts shall be awarded through a competitive process
25    authorized by the Board of the Illinois Finance Authority
26    and are subject to Sections 5-30, 20-160, 50-13, 50-20,

 

 

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1    50-35, and 50-37 of this Code, as well as the final
2    approval by the Board of the Illinois Finance Authority of
3    the terms of the contract.
4        (13) Contracts for services, commodities, and
5    equipment to support the delivery of timely forensic
6    science services in consultation with and subject to the
7    approval of the Chief Procurement Officer as provided in
8    subsection (d) of Section 5-4-3a of the Unified Code of
9    Corrections, except for the requirements of Sections
10    20-60, 20-65, 20-70, and 20-160 and Article 50 of this
11    Code; however, the Chief Procurement Officer may, in
12    writing with justification, waive any certification
13    required under Article 50 of this Code. For any contracts
14    for services which are currently provided by members of a
15    collective bargaining agreement, the applicable terms of
16    the collective bargaining agreement concerning
17    subcontracting shall be followed.
18        On and after January 1, 2019, this paragraph (13),
19    except for this sentence, is inoperative.
20        (14) Contracts for participation expenditures required
21    by a domestic or international trade show or exhibition of
22    an exhibitor, member, or sponsor.
23        (15) Contracts with a railroad or utility that requires
24    the State to reimburse the railroad or utilities for the
25    relocation of utilities for construction or other public
26    purpose. Contracts included within this paragraph (15)

 

 

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1    shall include, but not be limited to, those associated
2    with: relocations, crossings, installations, and
3    maintenance. For the purposes of this paragraph (15),
4    "railroad" means any form of non-highway ground
5    transportation that runs on rails or electromagnetic
6    guideways and "utility" means: (1) public utilities as
7    defined in Section 3-105 of the Public Utilities Act, (2)
8    telecommunications carriers as defined in Section 13-202
9    of the Public Utilities Act, (3) electric cooperatives as
10    defined in Section 3.4 of the Electric Supplier Act, (4)
11    telephone or telecommunications cooperatives as defined in
12    Section 13-212 of the Public Utilities Act, (5) rural water
13    or waste water systems with 10,000 connections or less, (6)
14    a holder as defined in Section 21-201 of the Public
15    Utilities Act, and (7) municipalities owning or operating
16    utility systems consisting of public utilities as that term
17    is defined in Section 11-117-2 of the Illinois Municipal
18    Code.
19        (16) Procurement expenditures necessary for the
20    Department of Public Health to provide the delivery of
21    timely newborn screening services in accordance with the
22    Newborn Metabolic Screening Act.
23        (17) (16) Procurement expenditures necessary for the
24    Department of Agriculture, the Department of Financial and
25    Professional Regulation, the Department of Human Services,
26    and the Department of Public Health to implement the

 

 

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1    Compassionate Use of Medical Cannabis Pilot Program and
2    Opioid Alternative Pilot Program requirements and ensure
3    access to medical cannabis for patients with debilitating
4    medical conditions in accordance with the Compassionate
5    Use of Medical Cannabis Pilot Program Act.
6    Notwithstanding any other provision of law, for contracts
7entered into on or after October 1, 2017 under an exemption
8provided in any paragraph of this subsection (b), except
9paragraph (1), (2), or (5), each State agency shall post to the
10appropriate procurement bulletin the name of the contractor, a
11description of the supply or service provided, the total amount
12of the contract, the term of the contract, and the exception to
13the Code utilized. The chief procurement officer shall submit a
14report to the Governor and General Assembly no later than
15November 1 of each year that shall include, at a minimum, an
16annual summary of the monthly information reported to the chief
17procurement officer.
18    (c) This Code does not apply to the electric power
19procurement process provided for under Section 1-75 of the
20Illinois Power Agency Act and Section 16-111.5 of the Public
21Utilities Act.
22    (d) Except for Section 20-160 and Article 50 of this Code,
23and as expressly required by Section 9.1 of the Illinois
24Lottery Law, the provisions of this Code do not apply to the
25procurement process provided for under Section 9.1 of the
26Illinois Lottery Law.

 

 

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1    (e) This Code does not apply to the process used by the
2Capital Development Board to retain a person or entity to
3assist the Capital Development Board with its duties related to
4the determination of costs of a clean coal SNG brownfield
5facility, as defined by Section 1-10 of the Illinois Power
6Agency Act, as required in subsection (h-3) of Section 9-220 of
7the Public Utilities Act, including calculating the range of
8capital costs, the range of operating and maintenance costs, or
9the sequestration costs or monitoring the construction of clean
10coal SNG brownfield facility for the full duration of
11construction.
12    (f) (Blank).
13    (g) (Blank).
14    (h) This Code does not apply to the process to procure or
15contracts entered into in accordance with Sections 11-5.2 and
1611-5.3 of the Illinois Public Aid Code.
17    (i) Each chief procurement officer may access records
18necessary to review whether a contract, purchase, or other
19expenditure is or is not subject to the provisions of this
20Code, unless such records would be subject to attorney-client
21privilege.
22    (j) This Code does not apply to the process used by the
23Capital Development Board to retain an artist or work or works
24of art as required in Section 14 of the Capital Development
25Board Act.
26    (k) This Code does not apply to the process to procure

 

 

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1contracts, or contracts entered into, by the State Board of
2Elections or the State Electoral Board for hearing officers
3appointed pursuant to the Election Code.
4    (l) This Code does not apply to the processes used by the
5Illinois Student Assistance Commission to procure supplies and
6services paid for from the private funds of the Illinois
7Prepaid Tuition Fund. As used in this subsection (l), "private
8funds" means funds derived from deposits paid into the Illinois
9Prepaid Tuition Trust Fund and the earnings thereon.
10(Source: P.A. 99-801, eff. 1-1-17; 100-43, eff. 8-9-17;
11100-580, eff. 3-12-18; 100-757, eff. 8-10-18; 100-1114, eff.
128-28-18; revised 10-18-18.)
 
13    Section 10. The Illinois Income Tax Act is amended by
14changing Section 201 as follows:
 
15    (35 ILCS 5/201)  (from Ch. 120, par. 2-201)
16    Sec. 201. Tax imposed.
17    (a) In general. A tax measured by net income is hereby
18imposed on every individual, corporation, trust and estate for
19each taxable year ending after July 31, 1969 on the privilege
20of earning or receiving income in or as a resident of this
21State. Such tax shall be in addition to all other occupation or
22privilege taxes imposed by this State or by any municipal
23corporation or political subdivision thereof.
24    (b) Rates. The tax imposed by subsection (a) of this

 

 

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

 

 

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1    ending prior to January 1, 2015, an amount equal to 5% of
2    the taxpayer's net income for the taxable year.
3        (5.1) In the case of an individual, trust, or estate,
4    for taxable years beginning prior to January 1, 2015, and
5    ending after December 31, 2014, an amount equal to the sum
6    of (i) 5% of the taxpayer's net income for the period prior
7    to January 1, 2015, as calculated under Section 202.5, and
8    (ii) 3.75% of the taxpayer's net income for the period
9    after December 31, 2014, as calculated under Section 202.5.
10        (5.2) In the case of an individual, trust, or estate,
11    for taxable years beginning on or after January 1, 2015,
12    and ending prior to July 1, 2017, an amount equal to 3.75%
13    of the taxpayer's net income for the taxable year.
14        (5.3) In the case of an individual, trust, or estate,
15    for taxable years beginning prior to July 1, 2017, and
16    ending after June 30, 2017, an amount equal to the sum of
17    (i) 3.75% of the taxpayer's net income for the period prior
18    to July 1, 2017, as calculated under Section 202.5, and
19    (ii) 4.95% of the taxpayer's net income for the period
20    after June 30, 2017, as calculated under Section 202.5.
21        (5.4) In the case of an individual, trust, or estate,
22    for taxable years beginning on or after July 1, 2017, an
23    amount equal to 4.95% of the taxpayer's net income for the
24    taxable year.
25        (6) In the case of a corporation, for taxable years
26    ending prior to July 1, 1989, an amount equal to 4% of the

 

 

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

 

 

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1    the taxpayer's net income for the period prior to January
2    1, 2015, as calculated under Section 202.5, and (ii) 5.25%
3    of the taxpayer's net income for the period after December
4    31, 2014, as calculated under Section 202.5.
5        (12) In the case of a corporation, for taxable years
6    beginning on or after January 1, 2015, and ending prior to
7    July 1, 2017, an amount equal to 5.25% of the taxpayer's
8    net income for the taxable year.
9        (13) In the case of a corporation, for taxable years
10    beginning prior to July 1, 2017, and ending after June 30,
11    2017, an amount equal to the sum of (i) 5.25% of the
12    taxpayer's net income for the period prior to July 1, 2017,
13    as calculated under Section 202.5, and (ii) 7% of the
14    taxpayer's net income for the period after June 30, 2017,
15    as calculated under Section 202.5.
16        (14) In the case of a corporation, for taxable years
17    beginning on or after July 1, 2017, an amount equal to 7%
18    of the taxpayer's net income for the taxable year.
19    The rates under this subsection (b) are subject to the
20provisions of Section 201.5.
21    (c) Personal Property Tax Replacement Income Tax.
22Beginning on July 1, 1979 and thereafter, in addition to such
23income tax, there is also hereby imposed the Personal Property
24Tax Replacement Income Tax measured by net income on every
25corporation (including Subchapter S corporations), partnership
26and trust, for each taxable year ending after June 30, 1979.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

10100SB2023ham001- 22 -LRB101 09588 RLC 61491 a

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

 

 

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

 

 

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

 

 

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1    purposes of this paragraph (6), a reduction of the basis of
2    qualified property resulting from a redetermination of the
3    purchase price shall be deemed a disposition of qualified
4    property to the extent of such reduction.
5        (7) There shall be allowed an additional credit equal
6    to 0.5% of the basis of qualified property placed in
7    service during the taxable year in a River Edge
8    Redevelopment Zone, provided such property is placed in
9    service on or after July 1, 2006, and the taxpayer's base
10    employment within Illinois has increased by 1% or more over
11    the preceding year as determined by the taxpayer's
12    employment records filed with the Illinois Department of
13    Employment Security. Taxpayers who are new to Illinois
14    shall be deemed to have met the 1% growth in base
15    employment for the first year in which they file employment
16    records with the Illinois Department of Employment
17    Security. If, in any year, the increase in base employment
18    within Illinois over the preceding year is less than 1%,
19    the additional credit shall be limited to that percentage
20    times a fraction, the numerator of which is 0.5% and the
21    denominator of which is 1%, but shall not exceed 0.5%.
22    (g) (Blank).
23    (h) Investment credit; High Impact Business.
24        (1) Subject to subsections (b) and (b-5) of Section 5.5
25    of the Illinois Enterprise Zone Act, a taxpayer shall be
26    allowed a credit against the tax imposed by subsections (a)

 

 

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1    and (b) of this Section for investment in qualified
2    property which is placed in service by a Department of
3    Commerce and Economic Opportunity designated High Impact
4    Business. The credit shall be .5% of the basis for such
5    property. The credit shall not be available (i) until the
6    minimum investments in qualified property set forth in
7    subdivision (a)(3)(A) of Section 5.5 of the Illinois
8    Enterprise Zone Act have been satisfied or (ii) until the
9    time authorized in subsection (b-5) of the Illinois
10    Enterprise Zone Act for entities designated as High Impact
11    Businesses under subdivisions (a)(3)(B), (a)(3)(C), and
12    (a)(3)(D) of Section 5.5 of the Illinois Enterprise Zone
13    Act, and shall not be allowed to the extent that it would
14    reduce a taxpayer's liability for the tax imposed by
15    subsections (a) and (b) of this Section to below zero. The
16    credit applicable to such investments shall be taken in the
17    taxable year in which such investments have been completed.
18    The credit for additional investments beyond the minimum
19    investment by a designated high impact business authorized
20    under subdivision (a)(3)(A) of Section 5.5 of the Illinois
21    Enterprise Zone Act shall be available only in the taxable
22    year in which the property is placed in service and shall
23    not be allowed to the extent that it would reduce a
24    taxpayer's liability for the tax imposed by subsections (a)
25    and (b) of this Section to below zero. For tax years ending
26    on or after December 31, 1987, the credit shall be allowed

 

 

10100SB2023ham001- 27 -LRB101 09588 RLC 61491 a

1    for the tax year in which the property is placed in
2    service, or, if the amount of the credit exceeds the tax
3    liability for that year, whether it exceeds the original
4    liability or the liability as later amended, such excess
5    may be carried forward and applied to the tax liability of
6    the 5 taxable years following the excess credit year. The
7    credit shall be applied to the earliest year for which
8    there is a liability. If there is credit from more than one
9    tax year that is available to offset a liability, the
10    credit accruing first in time shall be applied first.
11        Changes made in this subdivision (h)(1) by Public Act
12    88-670 restore changes made by Public Act 85-1182 and
13    reflect existing law.
14        (2) The term qualified property means property which:
15            (A) is tangible, whether new or used, including
16        buildings and structural components of buildings;
17            (B) is depreciable pursuant to Section 167 of the
18        Internal Revenue Code, except that "3-year property"
19        as defined in Section 168(c)(2)(A) of that Code is not
20        eligible for the credit provided by this subsection
21        (h);
22            (C) is acquired by purchase as defined in Section
23        179(d) of the Internal Revenue Code; and
24            (D) is not eligible for the Enterprise Zone
25        Investment Credit provided by subsection (f) of this
26        Section.

 

 

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1        (3) The basis of qualified property shall be the basis
2    used to compute the depreciation deduction for federal
3    income tax purposes.
4        (4) If the basis of the property for federal income tax
5    depreciation purposes is increased after it has been placed
6    in service in a federally designated Foreign Trade Zone or
7    Sub-Zone located in Illinois by the taxpayer, the amount of
8    such increase shall be deemed property placed in service on
9    the date of such increase in basis.
10        (5) The term "placed in service" shall have the same
11    meaning as under Section 46 of the Internal Revenue Code.
12        (6) If during any taxable year ending on or before
13    December 31, 1996, any property ceases to be qualified
14    property in the hands of the taxpayer within 48 months
15    after being placed in service, or the situs of any
16    qualified property is moved outside Illinois within 48
17    months after being placed in service, the tax imposed under
18    subsections (a) and (b) of this Section for such taxable
19    year shall be increased. Such increase shall be determined
20    by (i) recomputing the investment credit which would have
21    been allowed for the year in which credit for such property
22    was originally allowed by eliminating such property from
23    such computation, and (ii) subtracting such recomputed
24    credit from the amount of credit previously allowed. For
25    the purposes of this paragraph (6), a reduction of the
26    basis of qualified property resulting from a

 

 

10100SB2023ham001- 29 -LRB101 09588 RLC 61491 a

1    redetermination of the purchase price shall be deemed a
2    disposition of qualified property to the extent of such
3    reduction.
4        (7) Beginning with tax years ending after December 31,
5    1996, if a taxpayer qualifies for the credit under this
6    subsection (h) and thereby is granted a tax abatement and
7    the taxpayer relocates its entire facility in violation of
8    the explicit terms and length of the contract under Section
9    18-183 of the Property Tax Code, the tax imposed under
10    subsections (a) and (b) of this Section shall be increased
11    for the taxable year in which the taxpayer relocated its
12    facility by an amount equal to the amount of credit
13    received by the taxpayer under this subsection (h).
14    (i) Credit for Personal Property Tax Replacement Income
15Tax. For tax years ending prior to December 31, 2003, a credit
16shall be allowed against the tax imposed by subsections (a) and
17(b) of this Section for the tax imposed by subsections (c) and
18(d) of this Section. This credit shall be computed by
19multiplying the tax imposed by subsections (c) and (d) of this
20Section by a fraction, the numerator of which is base income
21allocable to Illinois and the denominator of which is Illinois
22base income, and further multiplying the product by the tax
23rate imposed by subsections (a) and (b) of this Section.
24    Any credit earned on or after December 31, 1986 under this
25subsection which is unused in the year the credit is computed
26because it exceeds the tax liability imposed by subsections (a)

 

 

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1and (b) for that year (whether it exceeds the original
2liability or the liability as later amended) may be carried
3forward and applied to the tax liability imposed by subsections
4(a) and (b) of the 5 taxable years following the excess credit
5year, provided that no credit may be carried forward to any
6year ending on or after December 31, 2003. This credit shall be
7applied first to the earliest year for which there is a
8liability. If there is a credit under this subsection from more
9than one tax year that is available to offset a liability the
10earliest credit arising under this subsection shall be applied
11first.
12    If, during any taxable year ending on or after December 31,
131986, the tax imposed by subsections (c) and (d) of this
14Section for which a taxpayer has claimed a credit under this
15subsection (i) is reduced, the amount of credit for such tax
16shall also be reduced. Such reduction shall be determined by
17recomputing the credit to take into account the reduced tax
18imposed by subsections (c) and (d). If any portion of the
19reduced amount of credit has been carried to a different
20taxable year, an amended return shall be filed for such taxable
21year to reduce the amount of credit claimed.
22    (j) Training expense credit. Beginning with tax years
23ending on or after December 31, 1986 and prior to December 31,
242003, a taxpayer shall be allowed a credit against the tax
25imposed by subsections (a) and (b) under this Section for all
26amounts paid or accrued, on behalf of all persons employed by

 

 

10100SB2023ham001- 31 -LRB101 09588 RLC 61491 a

1the taxpayer in Illinois or Illinois residents employed outside
2of Illinois by a taxpayer, for educational or vocational
3training in semi-technical or technical fields or semi-skilled
4or skilled fields, which were deducted from gross income in the
5computation of taxable income. The credit against the tax
6imposed by subsections (a) and (b) shall be 1.6% of such
7training expenses. For partners, shareholders of subchapter S
8corporations, and owners of limited liability companies, if the
9liability company is treated as a partnership for purposes of
10federal and State income taxation, there shall be allowed a
11credit under this subsection (j) to be determined in accordance
12with the determination of income and distributive share of
13income under Sections 702 and 704 and subchapter S of the
14Internal Revenue Code.
15    Any credit allowed under this subsection which is unused in
16the year the credit is earned may be carried forward to each of
17the 5 taxable years following the year for which the credit is
18first computed until it is used. This credit shall be applied
19first to the earliest year for which there is a liability. If
20there is a credit under this subsection from more than one tax
21year that is available to offset a liability the earliest
22credit arising under this subsection shall be applied first. No
23carryforward credit may be claimed in any tax year ending on or
24after December 31, 2003.
25    (k) Research and development credit. For tax years ending
26after July 1, 1990 and prior to December 31, 2003, and

 

 

10100SB2023ham001- 32 -LRB101 09588 RLC 61491 a

1beginning again for tax years ending on or after December 31,
22004, and ending prior to January 1, 2022, a taxpayer shall be
3allowed a credit against the tax imposed by subsections (a) and
4(b) of this Section for increasing research activities in this
5State. The credit allowed against the tax imposed by
6subsections (a) and (b) shall be equal to 6 1/2% of the
7qualifying expenditures for increasing research activities in
8this State. For partners, shareholders of subchapter S
9corporations, and owners of limited liability companies, if the
10liability company is treated as a partnership for purposes of
11federal and State income taxation, there shall be allowed a
12credit under this subsection to be determined in accordance
13with the determination of income and distributive share of
14income under Sections 702 and 704 and subchapter S of the
15Internal Revenue Code.
16    For purposes of this subsection, "qualifying expenditures"
17means the qualifying expenditures as defined for the federal
18credit for increasing research activities which would be
19allowable under Section 41 of the Internal Revenue Code and
20which are conducted in this State, "qualifying expenditures for
21increasing research activities in this State" means the excess
22of qualifying expenditures for the taxable year in which
23incurred over qualifying expenditures for the base period,
24"qualifying expenditures for the base period" means the average
25of the qualifying expenditures for each year in the base
26period, and "base period" means the 3 taxable years immediately

 

 

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1preceding the taxable year for which the determination is being
2made.
3    Any credit in excess of the tax liability for the taxable
4year may be carried forward. A taxpayer may elect to have the
5unused credit shown on its final completed return carried over
6as a credit against the tax liability for the following 5
7taxable years or until it has been fully used, whichever occurs
8first; provided that no credit earned in a tax year ending
9prior to December 31, 2003 may be carried forward to any year
10ending on or after December 31, 2003.
11    If an unused credit is carried forward to a given year from
122 or more earlier years, that credit arising in the earliest
13year will be applied first against the tax liability for the
14given year. If a tax liability for the given year still
15remains, the credit from the next earliest year will then be
16applied, and so on, until all credits have been used or no tax
17liability for the given year remains. Any remaining unused
18credit or credits then will be carried forward to the next
19following year in which a tax liability is incurred, except
20that no credit can be carried forward to a year which is more
21than 5 years after the year in which the expense for which the
22credit is given was incurred.
23    No inference shall be drawn from this amendatory Act of the
2491st General Assembly in construing this Section for taxable
25years beginning before January 1, 1999.
26    It is the intent of the General Assembly that the research

 

 

10100SB2023ham001- 34 -LRB101 09588 RLC 61491 a

1and development credit under this subsection (k) shall apply
2continuously for all tax years ending on or after December 31,
32004 and ending prior to January 1, 2022, including, but not
4limited to, the period beginning on January 1, 2016 and ending
5on the effective date of this amendatory Act of the 100th
6General Assembly. All actions taken in reliance on the
7continuation of the credit under this subsection (k) by any
8taxpayer are hereby validated.
9    (l) Environmental Remediation Tax Credit.
10        (i) For tax years ending after December 31, 1997 and on
11    or before December 31, 2001, a taxpayer shall be allowed a
12    credit against the tax imposed by subsections (a) and (b)
13    of this Section for certain amounts paid for unreimbursed
14    eligible remediation costs, as specified in this
15    subsection. For purposes of this Section, "unreimbursed
16    eligible remediation costs" means costs approved by the
17    Illinois Environmental Protection Agency ("Agency") under
18    Section 58.14 of the Environmental Protection Act that were
19    paid in performing environmental remediation at a site for
20    which a No Further Remediation Letter was issued by the
21    Agency and recorded under Section 58.10 of the
22    Environmental Protection Act. The credit must be claimed
23    for the taxable year in which Agency approval of the
24    eligible remediation costs is granted. The credit is not
25    available to any taxpayer if the taxpayer or any related
26    party caused or contributed to, in any material respect, a

 

 

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1    release of regulated substances on, in, or under the site
2    that was identified and addressed by the remedial action
3    pursuant to the Site Remediation Program of the
4    Environmental Protection Act. After the Pollution Control
5    Board rules are adopted pursuant to the Illinois
6    Administrative Procedure Act for the administration and
7    enforcement of Section 58.9 of the Environmental
8    Protection Act, determinations as to credit availability
9    for purposes of this Section shall be made consistent with
10    those rules. For purposes of this Section, "taxpayer"
11    includes a person whose tax attributes the taxpayer has
12    succeeded to under Section 381 of the Internal Revenue Code
13    and "related party" includes the persons disallowed a
14    deduction for losses by paragraphs (b), (c), and (f)(1) of
15    Section 267 of the Internal Revenue Code by virtue of being
16    a related taxpayer, as well as any of its partners. The
17    credit allowed against the tax imposed by subsections (a)
18    and (b) shall be equal to 25% of the unreimbursed eligible
19    remediation costs in excess of $100,000 per site, except
20    that the $100,000 threshold shall not apply to any site
21    contained in an enterprise zone as determined by the
22    Department of Commerce and Community Affairs (now
23    Department of Commerce and Economic Opportunity). The
24    total credit allowed shall not exceed $40,000 per year with
25    a maximum total of $150,000 per site. For partners and
26    shareholders of subchapter S corporations, there shall be

 

 

10100SB2023ham001- 36 -LRB101 09588 RLC 61491 a

1    allowed a credit under this subsection to be determined in
2    accordance with the determination of income and
3    distributive share of income under Sections 702 and 704 and
4    subchapter S of the Internal Revenue Code.
5        (ii) A credit allowed under this subsection that is
6    unused in the year the credit is earned may be carried
7    forward to each of the 5 taxable years following the year
8    for which the credit is first earned until it is used. The
9    term "unused credit" does not include any amounts of
10    unreimbursed eligible remediation costs in excess of the
11    maximum credit per site authorized under paragraph (i).
12    This credit shall be applied first to the earliest year for
13    which there is a liability. If there is a credit under this
14    subsection from more than one tax year that is available to
15    offset a liability, the earliest credit arising under this
16    subsection shall be applied first. A credit allowed under
17    this subsection may be sold to a buyer as part of a sale of
18    all or part of the remediation site for which the credit
19    was granted. The purchaser of a remediation site and the
20    tax credit shall succeed to the unused credit and remaining
21    carry-forward period of the seller. To perfect the
22    transfer, the assignor shall record the transfer in the
23    chain of title for the site and provide written notice to
24    the Director of the Illinois Department of Revenue of the
25    assignor's intent to sell the remediation site and the
26    amount of the tax credit to be transferred as a portion of

 

 

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1    the sale. In no event may a credit be transferred to any
2    taxpayer if the taxpayer or a related party would not be
3    eligible under the provisions of subsection (i).
4        (iii) For purposes of this Section, the term "site"
5    shall have the same meaning as under Section 58.2 of the
6    Environmental Protection Act.
7    (m) Education expense credit. Beginning with tax years
8ending after December 31, 1999, a taxpayer who is the custodian
9of one or more qualifying pupils shall be allowed a credit
10against the tax imposed by subsections (a) and (b) of this
11Section for qualified education expenses incurred on behalf of
12the qualifying pupils. The credit shall be equal to 25% of
13qualified education expenses, but in no event may the total
14credit under this subsection claimed by a family that is the
15custodian of qualifying pupils exceed (i) $500 for tax years
16ending prior to December 31, 2017, and (ii) $750 for tax years
17ending on or after December 31, 2017. In no event shall a
18credit under this subsection reduce the taxpayer's liability
19under this Act to less than zero. Notwithstanding any other
20provision of law, for taxable years beginning on or after
21January 1, 2017, no taxpayer may claim a credit under this
22subsection (m) if the taxpayer's adjusted gross income for the
23taxable year exceeds (i) $500,000, in the case of spouses
24filing a joint federal tax return or (ii) $250,000, in the case
25of all other taxpayers. This subsection is exempt from the
26provisions of Section 250 of this Act.

 

 

10100SB2023ham001- 38 -LRB101 09588 RLC 61491 a

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

 

 

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

 

 

10100SB2023ham001- 40 -LRB101 09588 RLC 61491 a

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

 

 

10100SB2023ham001- 41 -LRB101 09588 RLC 61491 a

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

 

 

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1        any registration by the Illinois Department of Public
2        Health;
3            (C) a determination by the Illinois Department of
4        Public Health that transfer of the registration is in
5        the best interests of Illinois qualifying patients as
6        defined by the Compassionate Use of Medical Cannabis
7        Pilot Program Act;
8            (D) the death of an owner of the equity interest in
9        a registrant;
10            (E) the acquisition of a controlling interest in
11        the stock or substantially all of the assets of a
12        publicly traded company;
13            (F) a transfer by a parent company to a wholly
14        owned subsidiary; or
15            (G) the transfer or sale to or by one person to
16        another person where both persons were initial owners
17        of the registration when the registration was issued;
18        or
19        (2) the cannabis cultivation center registration,
20    medical cannabis dispensary registration, or the
21    controlling interest in a registrant's property is
22    transferred in a transaction to lineal descendants in which
23    no gain or loss is recognized or as a result of a
24    transaction in accordance with Section 351 of the Internal
25    Revenue Code in which no gain or loss is recognized.
26(Source: P.A. 100-22, eff. 7-6-17.)
 

 

 

10100SB2023ham001- 43 -LRB101 09588 RLC 61491 a

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

 

 

10100SB2023ham001- 44 -LRB101 09588 RLC 61491 a

1    Beginning on July 1, 2000 and through December 31, 2000,
2with respect to motor fuel, as defined in Section 1.1 of the
3Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
4the Use Tax Act, the tax is imposed at the rate of 1.25%.
5    Beginning on August 6, 2010 through August 15, 2010, with
6respect to sales tax holiday items as defined in Section 3-6 of
7this Act, the tax is imposed at the rate of 1.25%.
8    With respect to gasohol, the tax imposed by this Act
9applies to (i) 70% of the proceeds of sales made on or after
10January 1, 1990, and before July 1, 2003, (ii) 80% of the
11proceeds of sales made on or after July 1, 2003 and on or
12before July 1, 2017, and (iii) 100% of the proceeds of sales
13made thereafter. If, at any time, however, the tax under this
14Act on sales of gasohol is imposed at the rate of 1.25%, then
15the tax imposed by this Act applies to 100% of the proceeds of
16sales of gasohol made during that time.
17    With respect to majority blended ethanol fuel, the tax
18imposed by this Act does not apply to the proceeds of sales
19made on or after July 1, 2003 and on or before December 31,
202023 but applies to 100% of the proceeds of sales made
21thereafter.
22    With respect to biodiesel blends with no less than 1% and
23no more than 10% biodiesel, the tax imposed by this Act applies
24to (i) 80% of the proceeds of sales made on or after July 1,
252003 and on or before December 31, 2018 and (ii) 100% of the
26proceeds of sales made thereafter. If, at any time, however,

 

 

10100SB2023ham001- 45 -LRB101 09588 RLC 61491 a

1the tax under this Act on sales of biodiesel blends with no
2less than 1% and no more than 10% biodiesel is imposed at the
3rate of 1.25%, then the tax imposed by this Act applies to 100%
4of the proceeds of sales of biodiesel blends with no less than
51% and no more than 10% biodiesel made during that time.
6    With respect to 100% biodiesel and biodiesel blends with
7more than 10% but no more than 99% biodiesel, the tax imposed
8by this Act does not apply to the proceeds of sales made on or
9after July 1, 2003 and on or before December 31, 2023 but
10applies to 100% of the proceeds of sales made thereafter.
11    With respect to food for human consumption that is to be
12consumed off the premises where it is sold (other than
13alcoholic beverages, soft drinks, and food that has been
14prepared for immediate consumption) and prescription and
15nonprescription medicines, drugs, medical appliances, products
16classified as Class III medical devices by the United States
17Food and Drug Administration that are used for cancer treatment
18pursuant to a prescription, as well as any accessories and
19components related to those devices, modifications to a motor
20vehicle for the purpose of rendering it usable by a person with
21a disability, and insulin, urine testing materials, syringes,
22and needles used by diabetics, for human use, the tax is
23imposed at the rate of 1%. For the purposes of this Section,
24until September 1, 2009: the term "soft drinks" means any
25complete, finished, ready-to-use, non-alcoholic drink, whether
26carbonated or not, including but not limited to soda water,

 

 

10100SB2023ham001- 46 -LRB101 09588 RLC 61491 a

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

 

 

10100SB2023ham001- 47 -LRB101 09588 RLC 61491 a

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

 

 

10100SB2023ham001- 48 -LRB101 09588 RLC 61491 a

1    Beginning on the effective date of this amendatory Act of
2the 98th General Assembly, "prescription and nonprescription
3medicines and drugs" includes medical cannabis purchased from a
4registered dispensing organization under the Compassionate Use
5of Medical Cannabis Pilot Program Act.
6    If the property that is purchased at retail from a retailer
7is acquired outside Illinois and used outside Illinois before
8being brought to Illinois for use here and is taxable under
9this Act, the "selling price" on which the tax is computed
10shall be reduced by an amount that represents a reasonable
11allowance for depreciation for the period of prior out-of-state
12use.
13(Source: P.A. 99-143, eff. 7-27-15; 99-858, eff. 8-19-16;
14100-22, eff. 7-6-17.)
 
15    Section 20. The Service Use Tax Act is amended by changing
16Section 3-10 as follows:
 
17    (35 ILCS 110/3-10)  (from Ch. 120, par. 439.33-10)
18    Sec. 3-10. Rate of tax. Unless otherwise provided in this
19Section, the tax imposed by this Act is at the rate of 6.25% of
20the selling price of tangible personal property transferred as
21an incident to the sale of service, but, for the purpose of
22computing this tax, in no event shall the selling price be less
23than the cost price of the property to the serviceman.
24    Beginning on July 1, 2000 and through December 31, 2000,

 

 

10100SB2023ham001- 49 -LRB101 09588 RLC 61491 a

1with respect to motor fuel, as defined in Section 1.1 of the
2Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
3the Use Tax Act, the tax is imposed at the rate of 1.25%.
4    With respect to gasohol, as defined in the Use Tax Act, the
5tax imposed by this Act applies to (i) 70% of the selling price
6of property transferred as an incident to the sale of service
7on or after January 1, 1990, and before July 1, 2003, (ii) 80%
8of the selling price of property transferred as an incident to
9the sale of service on or after July 1, 2003 and on or before
10July 1, 2017, and (iii) 100% of the selling price thereafter.
11If, at any time, however, the tax under this Act on sales of
12gasohol, as defined in the Use Tax Act, is imposed at the rate
13of 1.25%, then the tax imposed by this Act applies to 100% of
14the proceeds of sales of gasohol made during that time.
15    With respect to majority blended ethanol fuel, as defined
16in the Use Tax Act, the tax imposed by this Act does not apply
17to the selling price of property transferred as an incident to
18the sale of service on or after July 1, 2003 and on or before
19December 31, 2023 but applies to 100% of the selling price
20thereafter.
21    With respect to biodiesel blends, as defined in the Use Tax
22Act, with no less than 1% and no more than 10% biodiesel, the
23tax imposed by this Act applies to (i) 80% of the selling price
24of property transferred as an incident to the sale of service
25on or after July 1, 2003 and on or before December 31, 2018 and
26(ii) 100% of the proceeds of the selling price thereafter. If,

 

 

10100SB2023ham001- 50 -LRB101 09588 RLC 61491 a

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

 

 

10100SB2023ham001- 51 -LRB101 09588 RLC 61491 a

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

 

 

10100SB2023ham001- 52 -LRB101 09588 RLC 61491 a

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

 

 

10100SB2023ham001- 53 -LRB101 09588 RLC 61491 a

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

 

 

10100SB2023ham001- 54 -LRB101 09588 RLC 61491 a

1    If the property that is acquired from a serviceman is
2acquired outside Illinois and used outside Illinois before
3being brought to Illinois for use here and is taxable under
4this Act, the "selling price" on which the tax is computed
5shall be reduced by an amount that represents a reasonable
6allowance for depreciation for the period of prior out-of-state
7use.
8(Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15;
999-642, eff. 7-28-16; 99-858, eff. 8-19-16; 100-22, eff.
107-6-17.)
 
11    Section 25. The Service Occupation Tax Act is amended by
12changing Section 3-10 as follows:
 
13    (35 ILCS 115/3-10)  (from Ch. 120, par. 439.103-10)
14    Sec. 3-10. Rate of tax. Unless otherwise provided in this
15Section, the tax imposed by this Act is at the rate of 6.25% of
16the "selling price", as defined in Section 2 of the Service Use
17Tax Act, of the tangible personal property. For the purpose of
18computing this tax, in no event shall the "selling price" be
19less than the cost price to the serviceman of the tangible
20personal property transferred. The selling price of each item
21of tangible personal property transferred as an incident of a
22sale of service may be shown as a distinct and separate item on
23the serviceman's billing to the service customer. If the
24selling price is not so shown, the selling price of the

 

 

10100SB2023ham001- 55 -LRB101 09588 RLC 61491 a

1tangible personal property is deemed to be 50% of the
2serviceman's entire billing to the service customer. When,
3however, a serviceman contracts to design, develop, and produce
4special order machinery or equipment, the tax imposed by this
5Act shall be based on the serviceman's cost price of the
6tangible personal property transferred incident to the
7completion of the contract.
8    Beginning on July 1, 2000 and through December 31, 2000,
9with respect to motor fuel, as defined in Section 1.1 of the
10Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
11the Use Tax Act, the tax is imposed at the rate of 1.25%.
12    With respect to gasohol, as defined in the Use Tax Act, the
13tax imposed by this Act shall apply to (i) 70% of the cost
14price of property transferred as an incident to the sale of
15service on or after January 1, 1990, and before July 1, 2003,
16(ii) 80% of the selling price of property transferred as an
17incident to the sale of service on or after July 1, 2003 and on
18or before July 1, 2017, and (iii) 100% of the cost price
19thereafter. If, at any time, however, the tax under this Act on
20sales of gasohol, as defined in the Use Tax Act, is imposed at
21the rate of 1.25%, then the tax imposed by this Act applies to
22100% of the proceeds of sales of gasohol made during that time.
23    With respect to majority blended ethanol fuel, as defined
24in the Use Tax Act, the tax imposed by this Act does not apply
25to the selling price of property transferred as an incident to
26the sale of service on or after July 1, 2003 and on or before

 

 

10100SB2023ham001- 56 -LRB101 09588 RLC 61491 a

1December 31, 2023 but applies to 100% of the selling price
2thereafter.
3    With respect to biodiesel blends, as defined in the Use Tax
4Act, with no less than 1% and no more than 10% biodiesel, the
5tax imposed by this Act applies to (i) 80% of the selling price
6of property transferred as an incident to the sale of service
7on or after July 1, 2003 and on or before December 31, 2018 and
8(ii) 100% of the proceeds of the selling price thereafter. If,
9at any time, however, the tax under this Act on sales of
10biodiesel blends, as defined in the Use Tax Act, with no less
11than 1% and no more than 10% biodiesel is imposed at the rate
12of 1.25%, then the tax imposed by this Act applies to 100% of
13the proceeds of sales of biodiesel blends with no less than 1%
14and no more than 10% biodiesel made during that time.
15    With respect to 100% biodiesel, as defined in the Use Tax
16Act, and biodiesel blends, as defined in the Use Tax Act, with
17more than 10% but no more than 99% biodiesel material, the tax
18imposed by this Act does not apply to the proceeds of the
19selling price of property transferred as an incident to the
20sale of service on or after July 1, 2003 and on or before
21December 31, 2023 but applies to 100% of the selling price
22thereafter.
23    At the election of any registered serviceman made for each
24fiscal year, sales of service in which the aggregate annual
25cost price of tangible personal property transferred as an
26incident to the sales of service is less than 35%, or 75% in

 

 

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1the case of servicemen transferring prescription drugs or
2servicemen engaged in graphic arts production, of the aggregate
3annual total gross receipts from all sales of service, the tax
4imposed by this Act shall be based on the serviceman's cost
5price of the tangible personal property transferred incident to
6the sale of those services.
7    The tax shall be imposed at the rate of 1% on food prepared
8for immediate consumption and transferred incident to a sale of
9service subject to this Act or the Service Occupation Tax Act
10by an entity licensed under the Hospital Licensing Act, the
11Nursing Home Care Act, the ID/DD Community Care Act, the MC/DD
12Act, the Specialized Mental Health Rehabilitation Act of 2013,
13or the Child Care Act of 1969. The tax shall also be imposed at
14the rate of 1% on 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 is not otherwise
18included in this paragraph) and prescription and
19nonprescription medicines, drugs, medical appliances, products
20classified as Class III medical devices by the United States
21Food and Drug Administration that are used for cancer treatment
22pursuant to a prescription, as well as any accessories and
23components related to those devices, modifications to a motor
24vehicle for the purpose of rendering it usable by a person with
25a disability, and insulin, urine testing materials, syringes,
26and needles used by diabetics, for human use. For the purposes

 

 

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

 

 

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

 

 

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1        (A) A "Drug Facts" panel; or
2        (B) A statement of the "active ingredient(s)" with a
3    list of those ingredients contained in the compound,
4    substance or preparation.
5    Beginning on January 1, 2014 (the effective date of Public
6Act 98-122), "prescription and nonprescription medicines and
7drugs" includes medical cannabis purchased from a registered
8dispensing organization under the Compassionate Use of Medical
9Cannabis Pilot Program Act.
10(Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15;
1199-642, eff. 7-28-16; 99-858, eff. 8-19-16; 100-22, eff.
127-6-17.)
 
13    Section 30. The Retailers' Occupation Tax Act is amended by
14changing Section 2-10 as follows:
 
15    (35 ILCS 120/2-10)
16    Sec. 2-10. Rate of tax. Unless otherwise provided in this
17Section, the tax imposed by this Act is at the rate of 6.25% of
18gross receipts from sales of tangible personal property made in
19the course of business.
20    Beginning on July 1, 2000 and through December 31, 2000,
21with respect to motor fuel, as defined in Section 1.1 of the
22Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
23the Use Tax Act, the tax is imposed at the rate of 1.25%.
24    Beginning on August 6, 2010 through August 15, 2010, with

 

 

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1respect to sales tax holiday items as defined in Section 2-8 of
2this Act, the tax is imposed at the rate of 1.25%.
3    Within 14 days after the effective date of this amendatory
4Act of the 91st General Assembly, each retailer of motor fuel
5and gasohol shall cause the following notice to be posted in a
6prominently visible place on each retail dispensing device that
7is used to dispense motor fuel or gasohol in the State of
8Illinois: "As of July 1, 2000, the State of Illinois has
9eliminated the State's share of sales tax on motor fuel and
10gasohol through December 31, 2000. The price on this pump
11should reflect the elimination of the tax." The notice shall be
12printed in bold print on a sign that is no smaller than 4
13inches by 8 inches. The sign shall be clearly visible to
14customers. Any retailer who fails to post or maintain a
15required sign through December 31, 2000 is guilty of a petty
16offense for which the fine shall be $500 per day per each
17retail premises where a violation occurs.
18    With respect to gasohol, as defined in the Use Tax Act, the
19tax imposed by this Act applies to (i) 70% of the proceeds of
20sales made on or after January 1, 1990, and before July 1,
212003, (ii) 80% of the proceeds of sales made on or after July
221, 2003 and on or before July 1, 2017, and (iii) 100% of the
23proceeds of sales made thereafter. If, at any time, however,
24the tax under this Act on sales of gasohol, as defined in the
25Use Tax Act, is imposed at the rate of 1.25%, then the tax
26imposed by this Act applies to 100% of the proceeds of sales of

 

 

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1gasohol made during that time.
2    With respect to majority blended ethanol fuel, as defined
3in the Use Tax Act, the tax imposed by this Act does not apply
4to the proceeds of sales made on or after July 1, 2003 and on or
5before December 31, 2023 but applies to 100% of the proceeds of
6sales made thereafter.
7    With respect to biodiesel blends, as defined in the Use Tax
8Act, with no less than 1% and no more than 10% biodiesel, the
9tax imposed by this Act applies to (i) 80% of the proceeds of
10sales made on or after July 1, 2003 and on or before December
1131, 2018 and (ii) 100% of the proceeds of sales made
12thereafter. If, at any time, however, the tax under this Act on
13sales of biodiesel blends, as defined in the Use Tax Act, with
14no less than 1% and no more than 10% biodiesel is imposed at
15the rate of 1.25%, then the tax imposed by this Act applies to
16100% of the proceeds of sales of biodiesel blends with no less
17than 1% and no more than 10% biodiesel made during that time.
18    With respect to 100% biodiesel, as defined in the Use Tax
19Act, and biodiesel blends, as defined in the Use Tax Act, with
20more than 10% but no more than 99% biodiesel, the tax imposed
21by this Act does not apply to the proceeds of sales made on or
22after July 1, 2003 and on or before December 31, 2023 but
23applies to 100% of the proceeds of sales made thereafter.
24    With respect to food for human consumption that is to be
25consumed off the premises where it is sold (other than
26alcoholic beverages, soft drinks, and food that has been

 

 

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

 

 

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

 

 

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1includes, but is not limited to, soaps and cleaning solutions,
2shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
3lotions and screens, unless those products are available by
4prescription only, regardless of whether the products meet the
5definition of "over-the-counter-drugs". For the purposes of
6this paragraph, "over-the-counter-drug" means a drug for human
7use that contains a label that identifies the product as a drug
8as required by 21 C.F.R. 201.66. The "over-the-counter-drug"
9label includes:
10        (A) A "Drug Facts" panel; or
11        (B) A statement of the "active ingredient(s)" with a
12    list of those ingredients contained in the compound,
13    substance or preparation.
14    Beginning on the effective date of this amendatory Act of
15the 98th General Assembly, "prescription and nonprescription
16medicines and drugs" includes medical cannabis purchased from a
17registered dispensing organization under the Compassionate Use
18of Medical Cannabis Pilot Program Act.
19(Source: P.A. 99-143, eff. 7-27-15; 99-858, eff. 8-19-16;
20100-22, eff. 7-6-17.)
 
21    Section 35. The School Code is amended by changing Section
2222-33 as follows:
 
23    (105 ILCS 5/22-33)
24    Sec. 22-33. Medical cannabis.

 

 

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1    (a) This Section may be referred to as Ashley's Law.
2    (a-5) In this Section, "designated caregiver", "medical
3cannabis infused product", "qualifying patient", and
4"registered" have the meanings given to those terms under
5Section 10 of the Compassionate Use of Medical Cannabis Pilot
6Program Act.
7    (b) Subject to the restrictions under subsections (c)
8through (g) of this Section, a school district, public school,
9charter school, or nonpublic school shall authorize a parent or
10guardian or any other individual registered with the Department
11of Public Health as a designated caregiver of a student who is
12a registered qualifying patient to administer a medical
13cannabis infused product to the student on the premises of the
14child's school or on the child's school bus if both the student
15(as a registered qualifying patient) and the parent or guardian
16or other individual (as a registered designated caregiver) have
17been issued registry identification cards under the
18Compassionate Use of Medical Cannabis Pilot Program Act. After
19administering the product, the parent or guardian or other
20individual shall remove the product from the school premises or
21the school bus.
22    (c) A parent or guardian or other individual may not
23administer a medical cannabis infused product under this
24Section in a manner that, in the opinion of the school district
25or school, would create a disruption to the school's
26educational environment or would cause exposure of the product

 

 

10100SB2023ham001- 67 -LRB101 09588 RLC 61491 a

1to other students.
2    (d) A school district or school may not discipline a
3student who is administered a medical cannabis infused product
4by a parent or guardian or other individual under this Section
5and may not deny the student's eligibility to attend school
6solely because the student requires the administration of the
7product.
8    (e) Nothing in this Section requires a member of a school's
9staff to administer a medical cannabis infused product to a
10student.
11    (f) A school district, public school, charter school, or
12nonpublic school may not authorize the use of a medical
13cannabis infused product under this Section if the school
14district or school would lose federal funding as a result of
15the authorization.
16    (g) A school district, public school, charter school, or
17nonpublic school shall adopt a policy to implement this
18Section.
19(Source: P.A. 100-660, eff. 8-1-18.)
 
20    Section 40. The Medical Practice Act of 1987 is amended by
21changing Section 22 as follows:
 
22    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
23    (Section scheduled to be repealed on December 31, 2019)
24    Sec. 22. Disciplinary action.

 

 

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1    (A) The Department may revoke, suspend, place on probation,
2reprimand, refuse to issue or renew, or take any other
3disciplinary or non-disciplinary action as the Department may
4deem proper with regard to the license or permit of any person
5issued under this Act, including imposing fines not to exceed
6$10,000 for each violation, upon any of the following grounds:
7        (1) Performance of an elective abortion in any place,
8    locale, facility, or institution other than:
9            (a) a facility licensed pursuant to the Ambulatory
10        Surgical Treatment Center Act;
11            (b) an institution licensed under the Hospital
12        Licensing Act;
13            (c) an ambulatory surgical treatment center or
14        hospitalization or care facility maintained by the
15        State or any agency thereof, where such department or
16        agency has authority under law to establish and enforce
17        standards for the ambulatory surgical treatment
18        centers, hospitalization, or care facilities under its
19        management and control;
20            (d) ambulatory surgical treatment centers,
21        hospitalization or care facilities maintained by the
22        Federal Government; or
23            (e) ambulatory surgical treatment centers,
24        hospitalization or care facilities maintained by any
25        university or college established under the laws of
26        this State and supported principally by public funds

 

 

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1        raised by taxation.
2        (2) Performance of an abortion procedure in a willful
3    and wanton manner on a woman who was not pregnant at the
4    time the abortion procedure was performed.
5        (3) A plea of guilty or nolo contendere, finding of
6    guilt, jury verdict, or entry of judgment or sentencing,
7    including, but not limited to, convictions, preceding
8    sentences of supervision, conditional discharge, or first
9    offender probation, under the laws of any jurisdiction of
10    the United States of any crime that is a felony.
11        (4) Gross negligence in practice under this Act.
12        (5) Engaging in dishonorable, unethical or
13    unprofessional conduct of a character likely to deceive,
14    defraud or harm the public.
15        (6) Obtaining any fee by fraud, deceit, or
16    misrepresentation.
17        (7) Habitual or excessive use or abuse of drugs defined
18    in law as controlled substances, of alcohol, or of any
19    other substances which results in the inability to practice
20    with reasonable judgment, skill or safety.
21        (8) Practicing under a false or, except as provided by
22    law, an assumed name.
23        (9) Fraud or misrepresentation in applying for, or
24    procuring, a license under this Act or in connection with
25    applying for renewal of a license under this Act.
26        (10) Making a false or misleading statement regarding

 

 

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1    their skill or the efficacy or value of the medicine,
2    treatment, or remedy prescribed by them at their direction
3    in the treatment of any disease or other condition of the
4    body or mind.
5        (11) Allowing another person or organization to use
6    their license, procured under this Act, to practice.
7        (12) Adverse action taken by another state or
8    jurisdiction against a license or other authorization to
9    practice as a medical doctor, doctor of osteopathy, doctor
10    of osteopathic medicine or doctor of chiropractic, a
11    certified copy of the record of the action taken by the
12    other state or jurisdiction being prima facie evidence
13    thereof. This includes any adverse action taken by a State
14    or federal agency that prohibits a medical doctor, doctor
15    of osteopathy, doctor of osteopathic medicine, or doctor of
16    chiropractic from providing services to the agency's
17    participants.
18        (13) Violation of any provision of this Act or of the
19    Medical Practice Act prior to the repeal of that Act, or
20    violation of the rules, or a final administrative action of
21    the Secretary, after consideration of the recommendation
22    of the Disciplinary Board.
23        (14) Violation of the prohibition against fee
24    splitting in Section 22.2 of this Act.
25        (15) A finding by the Disciplinary Board that the
26    registrant after having his or her license placed on

 

 

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1    probationary status or subjected to conditions or
2    restrictions violated the terms of the probation or failed
3    to comply with such terms or conditions.
4        (16) Abandonment of a patient.
5        (17) Prescribing, selling, administering,
6    distributing, giving or self-administering any drug
7    classified as a controlled substance (designated product)
8    or narcotic for other than medically accepted therapeutic
9    purposes.
10        (18) Promotion of the sale of drugs, devices,
11    appliances or goods provided for a patient in such manner
12    as to exploit the patient for financial gain of the
13    physician.
14        (19) Offering, undertaking or agreeing to cure or treat
15    disease by a secret method, procedure, treatment or
16    medicine, or the treating, operating or prescribing for any
17    human condition by a method, means or procedure which the
18    licensee refuses to divulge upon demand of the Department.
19        (20) Immoral conduct in the commission of any act
20    including, but not limited to, commission of an act of
21    sexual misconduct related to the licensee's practice.
22        (21) Willfully making or filing false records or
23    reports in his or her practice as a physician, including,
24    but not limited to, false records to support claims against
25    the medical assistance program of the Department of
26    Healthcare and Family Services (formerly Department of

 

 

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1    Public Aid) under the Illinois Public Aid Code.
2        (22) Willful omission to file or record, or willfully
3    impeding the filing or recording, or inducing another
4    person to omit to file or record, medical reports as
5    required by law, or willfully failing to report an instance
6    of suspected abuse or neglect as required by law.
7        (23) Being named as a perpetrator in an indicated
8    report by the Department of Children and Family Services
9    under the Abused and Neglected Child Reporting Act, and
10    upon proof by clear and convincing evidence that the
11    licensee has caused a child to be an abused child or
12    neglected child as defined in the Abused and Neglected
13    Child Reporting Act.
14        (24) Solicitation of professional patronage by any
15    corporation, agents or persons, or profiting from those
16    representing themselves to be agents of the licensee.
17        (25) Gross and willful and continued overcharging for
18    professional services, including filing false statements
19    for collection of fees for which services are not rendered,
20    including, but not limited to, filing such false statements
21    for collection of monies for services not rendered from the
22    medical assistance program of the Department of Healthcare
23    and Family Services (formerly Department of Public Aid)
24    under the Illinois Public Aid Code.
25        (26) A pattern of practice or other behavior which
26    demonstrates incapacity or incompetence to practice under

 

 

10100SB2023ham001- 73 -LRB101 09588 RLC 61491 a

1    this Act.
2        (27) Mental illness or disability which results in the
3    inability to practice under this Act with reasonable
4    judgment, skill or safety.
5        (28) Physical illness, including, but not limited to,
6    deterioration through the aging process, or loss of motor
7    skill which results in a physician's inability to practice
8    under this Act with reasonable judgment, skill or safety.
9        (29) Cheating on or attempt to subvert the licensing
10    examinations administered under this Act.
11        (30) Willfully or negligently violating the
12    confidentiality between physician and patient except as
13    required by law.
14        (31) The use of any false, fraudulent, or deceptive
15    statement in any document connected with practice under
16    this Act.
17        (32) Aiding and abetting an individual not licensed
18    under this Act in the practice of a profession licensed
19    under this Act.
20        (33) Violating state or federal laws or regulations
21    relating to controlled substances, legend drugs, or
22    ephedra as defined in the Ephedra Prohibition Act.
23        (34) Failure to report to the Department any adverse
24    final action taken against them by another licensing
25    jurisdiction (any other state or any territory of the
26    United States or any foreign state or country), by any peer

 

 

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1    review body, by any health care institution, by any
2    professional society or association related to practice
3    under this Act, by any governmental agency, by any law
4    enforcement agency, or by any court for acts or conduct
5    similar to acts or conduct which would constitute grounds
6    for action as defined in this Section.
7        (35) Failure to report to the Department surrender of a
8    license or authorization to practice as a medical doctor, a
9    doctor of osteopathy, a doctor of osteopathic medicine, or
10    doctor of chiropractic in another state or jurisdiction, or
11    surrender of membership on any medical staff or in any
12    medical or professional association or society, while
13    under disciplinary investigation by any of those
14    authorities or bodies, for acts or conduct similar to acts
15    or conduct which would constitute grounds for action as
16    defined in this Section.
17        (36) Failure to report to the Department any adverse
18    judgment, settlement, or award arising from a liability
19    claim related to acts or conduct similar to acts or conduct
20    which would constitute grounds for action as defined in
21    this Section.
22        (37) Failure to provide copies of medical records as
23    required by law.
24        (38) Failure to furnish the Department, its
25    investigators or representatives, relevant information,
26    legally requested by the Department after consultation

 

 

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1    with the Chief Medical Coordinator or the Deputy Medical
2    Coordinator.
3        (39) Violating the Health Care Worker Self-Referral
4    Act.
5        (40) Willful failure to provide notice when notice is
6    required under the Parental Notice of Abortion Act of 1995.
7        (41) Failure to establish and maintain records of
8    patient care and treatment as required by this law.
9        (42) Entering into an excessive number of written
10    collaborative agreements with licensed advanced practice
11    registered nurses resulting in an inability to adequately
12    collaborate.
13        (43) Repeated failure to adequately collaborate with a
14    licensed advanced practice registered nurse.
15        (44) Violating the Compassionate Use of Medical
16    Cannabis Pilot Program Act.
17        (45) Entering into an excessive number of written
18    collaborative agreements with licensed prescribing
19    psychologists resulting in an inability to adequately
20    collaborate.
21        (46) Repeated failure to adequately collaborate with a
22    licensed prescribing psychologist.
23        (47) Willfully failing to report an instance of
24    suspected abuse, neglect, financial exploitation, or
25    self-neglect of an eligible adult as defined in and
26    required by the Adult Protective Services Act.

 

 

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1        (48) Being named as an abuser in a verified report by
2    the Department on Aging under the Adult Protective Services
3    Act, and upon proof by clear and convincing evidence that
4    the licensee abused, neglected, or financially exploited
5    an eligible adult as defined in the Adult Protective
6    Services Act.
7        (49) Entering into an excessive number of written
8    collaborative agreements with licensed physician
9    assistants resulting in an inability to adequately
10    collaborate.
11        (50) Repeated failure to adequately collaborate with a
12    physician assistant.
13    Except for actions involving the ground numbered (26), all
14proceedings to suspend, revoke, place on probationary status,
15or take any other disciplinary action as the Department may
16deem proper, with regard to a license on any of the foregoing
17grounds, must be commenced within 5 years next after receipt by
18the Department of a complaint alleging the commission of or
19notice of the conviction order for any of the acts described
20herein. Except for the grounds numbered (8), (9), (26), and
21(29), no action shall be commenced more than 10 years after the
22date of the incident or act alleged to have violated this
23Section. For actions involving the ground numbered (26), a
24pattern of practice or other behavior includes all incidents
25alleged to be part of the pattern of practice or other behavior
26that occurred, or a report pursuant to Section 23 of this Act

 

 

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1received, within the 10-year period preceding the filing of the
2complaint. In the event of the settlement of any claim or cause
3of action in favor of the claimant or the reduction to final
4judgment of any civil action in favor of the plaintiff, such
5claim, cause of action or civil action being grounded on the
6allegation that a person licensed under this Act was negligent
7in providing care, the Department shall have an additional
8period of 2 years from the date of notification to the
9Department under Section 23 of this Act of such settlement or
10final judgment in which to investigate and commence formal
11disciplinary proceedings under Section 36 of this Act, except
12as otherwise provided by law. The time during which the holder
13of the license was outside the State of Illinois shall not be
14included within any period of time limiting the commencement of
15disciplinary action by the Department.
16    The entry of an order or judgment by any circuit court
17establishing that any person holding a license under this Act
18is a person in need of mental treatment operates as a
19suspension of that license. That person may resume their
20practice only upon the entry of a Departmental order based upon
21a finding by the Disciplinary Board that they have been
22determined to be recovered from mental illness by the court and
23upon the Disciplinary Board's recommendation that they be
24permitted to resume their practice.
25    The Department may refuse to issue or take disciplinary
26action concerning the license of any person who fails to file a

 

 

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1return, or to pay the tax, penalty or interest shown in a filed
2return, or to pay any final assessment of tax, penalty or
3interest, as required by any tax Act administered by the
4Illinois Department of Revenue, until such time as the
5requirements of any such tax Act are satisfied as determined by
6the Illinois Department of Revenue.
7    The Department, upon the recommendation of the
8Disciplinary Board, shall adopt rules which set forth standards
9to be used in determining:
10        (a) when a person will be deemed sufficiently
11    rehabilitated to warrant the public trust;
12        (b) what constitutes dishonorable, unethical or
13    unprofessional conduct of a character likely to deceive,
14    defraud, or harm the public;
15        (c) what constitutes immoral conduct in the commission
16    of any act, including, but not limited to, commission of an
17    act of sexual misconduct related to the licensee's
18    practice; and
19        (d) what constitutes gross negligence in the practice
20    of medicine.
21    However, no such rule shall be admissible into evidence in
22any civil action except for review of a licensing or other
23disciplinary action under this Act.
24    In enforcing this Section, the Disciplinary Board or the
25Licensing Board, upon a showing of a possible violation, may
26compel, in the case of the Disciplinary Board, any individual

 

 

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1who is licensed to practice under this Act or holds a permit to
2practice under this Act, or, in the case of the Licensing
3Board, any individual who has applied for licensure or a permit
4pursuant to this Act, to submit to a mental or physical
5examination and evaluation, or both, which may include a
6substance abuse or sexual offender evaluation, as required by
7the Licensing Board or Disciplinary Board and at the expense of
8the Department. The Disciplinary Board or Licensing Board shall
9specifically designate the examining physician licensed to
10practice medicine in all of its branches or, if applicable, the
11multidisciplinary team involved in providing the mental or
12physical examination and evaluation, or both. The
13multidisciplinary team shall be led by a physician licensed to
14practice medicine in all of its branches and may consist of one
15or more or a combination of physicians licensed to practice
16medicine in all of its branches, licensed chiropractic
17physicians, licensed clinical psychologists, licensed clinical
18social workers, licensed clinical professional counselors, and
19other professional and administrative staff. Any examining
20physician or member of the multidisciplinary team may require
21any person ordered to submit to an examination and evaluation
22pursuant to this Section to submit to any additional
23supplemental testing deemed necessary to complete any
24examination or evaluation process, including, but not limited
25to, blood testing, urinalysis, psychological testing, or
26neuropsychological testing. The Disciplinary Board, the

 

 

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1Licensing Board, or the Department may order the examining
2physician or any member of the multidisciplinary team to
3provide to the Department, the Disciplinary Board, or the
4Licensing Board any and all records, including business
5records, that relate to the examination and evaluation,
6including any supplemental testing performed. The Disciplinary
7Board, the Licensing Board, or the Department may order the
8examining physician or any member of the multidisciplinary team
9to present testimony concerning this examination and
10evaluation of the licensee, permit holder, or applicant,
11including testimony concerning any supplemental testing or
12documents relating to the examination and evaluation. No
13information, report, record, or other documents in any way
14related to the examination and evaluation shall be excluded by
15reason of any common law or statutory privilege relating to
16communication between the licensee, permit holder, or
17applicant and the examining physician or any member of the
18multidisciplinary team. No authorization is necessary from the
19licensee, permit holder, or applicant ordered to undergo an
20evaluation and examination for the examining physician or any
21member of the multidisciplinary team to provide information,
22reports, records, or other documents or to provide any
23testimony regarding the examination and evaluation. The
24individual to be examined may have, at his or her own expense,
25another physician of his or her choice present during all
26aspects of the examination. Failure of any individual to submit

 

 

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1to mental or physical examination and evaluation, or both, when
2directed, shall result in an automatic suspension, without
3hearing, until such time as the individual submits to the
4examination. If the Disciplinary Board or Licensing Board finds
5a physician unable to practice following an examination and
6evaluation because of the reasons set forth in this Section,
7the Disciplinary Board or Licensing Board shall require such
8physician to submit to care, counseling, or treatment by
9physicians, or other health care professionals, approved or
10designated by the Disciplinary Board, as a condition for
11issued, continued, reinstated, or renewed licensure to
12practice. Any physician, whose license was granted pursuant to
13Sections 9, 17, or 19 of this Act, or, continued, reinstated,
14renewed, disciplined or supervised, subject to such terms,
15conditions or restrictions who shall fail to comply with such
16terms, conditions or restrictions, or to complete a required
17program of care, counseling, or treatment, as determined by the
18Chief Medical Coordinator or Deputy Medical Coordinators,
19shall be referred to the Secretary for a determination as to
20whether the licensee shall have their license suspended
21immediately, pending a hearing by the Disciplinary Board. In
22instances in which the Secretary immediately suspends a license
23under this Section, a hearing upon such person's license must
24be convened by the Disciplinary Board within 15 days after such
25suspension and completed without appreciable delay. The
26Disciplinary Board shall have the authority to review the

 

 

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1subject physician's record of treatment and counseling
2regarding the impairment, to the extent permitted by applicable
3federal statutes and regulations safeguarding the
4confidentiality of medical records.
5    An individual licensed under this Act, affected under this
6Section, shall be afforded an opportunity to demonstrate to the
7Disciplinary Board that they can resume practice in compliance
8with acceptable and prevailing standards under the provisions
9of their license.
10    The Department may promulgate rules for the imposition of
11fines in disciplinary cases, not to exceed $10,000 for each
12violation of this Act. Fines may be imposed in conjunction with
13other forms of disciplinary action, but shall not be the
14exclusive disposition of any disciplinary action arising out of
15conduct resulting in death or injury to a patient. Any funds
16collected from such fines shall be deposited in the Illinois
17State Medical Disciplinary Fund.
18    All fines imposed under this Section shall be paid within
1960 days after the effective date of the order imposing the fine
20or in accordance with the terms set forth in the order imposing
21the fine.
22    (B) The Department shall revoke the license or permit
23issued under this Act to practice medicine or a chiropractic
24physician who has been convicted a second time of committing
25any felony under the Illinois Controlled Substances Act or the
26Methamphetamine Control and Community Protection Act, or who

 

 

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1has been convicted a second time of committing a Class 1 felony
2under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
3person whose license or permit is revoked under this subsection
4B shall be prohibited from practicing medicine or treating
5human ailments without the use of drugs and without operative
6surgery.
7    (C) The Department shall not revoke, suspend, place on
8probation, reprimand, refuse to issue or renew, or take any
9other disciplinary or non-disciplinary action against the
10license or permit issued under this Act to practice medicine to
11a physician:
12        (1) based solely upon the recommendation of the
13    physician to an eligible patient regarding, or
14    prescription for, or treatment with, an investigational
15    drug, biological product, or device; or
16        (2) for experimental treatment for Lyme disease or
17    other tick-borne diseases, including, but not limited to,
18    the prescription of or treatment with long-term
19    antibiotics.
20    (D) The Disciplinary Board shall recommend to the
21Department civil penalties and any other appropriate
22discipline in disciplinary cases when the Board finds that a
23physician willfully performed an abortion with actual
24knowledge that the person upon whom the abortion has been
25performed is a minor or an incompetent person without notice as
26required under the Parental Notice of Abortion Act of 1995.

 

 

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1Upon the Board's recommendation, the Department shall impose,
2for the first violation, a civil penalty of $1,000 and for a
3second or subsequent violation, a civil penalty of $5,000.
4(Source: P.A. 99-270, eff. 1-1-16; 99-933, eff. 1-27-17;
5100-429, eff. 8-25-17; 100-513, eff. 1-1-18; 100-605, eff.
61-1-19; 100-863, eff. 8-14-18; 100-1137, eff. 1-1-19; revised
712-19-18.)
 
8    Section 45. The Nurse Practice Act is amended by changing
9Section 70-5 as follows:
 
10    (225 ILCS 65/70-5)   (was 225 ILCS 65/10-45)
11    (Section scheduled to be repealed on January 1, 2028)
12    Sec. 70-5. Grounds for disciplinary action.
13    (a) The Department may refuse to issue or to renew, or may
14revoke, suspend, place on probation, reprimand, or take other
15disciplinary or non-disciplinary action as the Department may
16deem appropriate, including fines not to exceed $10,000 per
17violation, with regard to a license for any one or combination
18of the causes set forth in subsection (b) below. All fines
19collected under this Section shall be deposited in the Nursing
20Dedicated and Professional Fund.
21    (b) Grounds for disciplinary action include the following:
22        (1) Material deception in furnishing information to
23    the Department.
24        (2) Material violations of any provision of this Act or

 

 

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1    violation of the rules of or final administrative action of
2    the Secretary, after consideration of the recommendation
3    of the Board.
4        (3) Conviction by plea of guilty or nolo contendere,
5    finding of guilt, jury verdict, or entry of judgment or by
6    sentencing of any crime, including, but not limited to,
7    convictions, preceding sentences of supervision,
8    conditional discharge, or first offender probation, under
9    the laws of any jurisdiction of the United States: (i) that
10    is a felony; or (ii) that is a misdemeanor, an essential
11    element of which is dishonesty, or that is directly related
12    to the practice of the profession.
13        (4) A pattern of practice or other behavior which
14    demonstrates incapacity or incompetency to practice under
15    this Act.
16        (5) Knowingly aiding or assisting another person in
17    violating any provision of this Act or rules.
18        (6) Failing, within 90 days, to provide a response to a
19    request for information in response to a written request
20    made by the Department by certified or registered mail or
21    by email to the email address of record.
22        (7) Engaging in dishonorable, unethical or
23    unprofessional conduct of a character likely to deceive,
24    defraud or harm the public, as defined by rule.
25        (8) Unlawful taking, theft, selling, distributing, or
26    manufacturing of any drug, narcotic, or prescription

 

 

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1    device.
2        (9) Habitual or excessive use or addiction to alcohol,
3    narcotics, stimulants, or any other chemical agent or drug
4    that could result in a licensee's inability to practice
5    with reasonable judgment, skill or safety.
6        (10) Discipline by another U.S. jurisdiction or
7    foreign nation, if at least one of the grounds for the
8    discipline is the same or substantially equivalent to those
9    set forth in this Section.
10        (11) A finding that the licensee, after having her or
11    his license placed on probationary status or subject to
12    conditions or restrictions, has violated the terms of
13    probation or failed to comply with such terms or
14    conditions.
15        (12) Being named as a perpetrator in an indicated
16    report by the Department of Children and Family Services
17    and under the Abused and Neglected Child Reporting Act, and
18    upon proof by clear and convincing evidence that the
19    licensee has caused a child to be an abused child or
20    neglected child as defined in the Abused and Neglected
21    Child Reporting Act.
22        (13) Willful omission to file or record, or willfully
23    impeding the filing or recording or inducing another person
24    to omit to file or record medical reports as required by
25    law.
26        (13.5) Willfully failing to report an instance of

 

 

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1    suspected child abuse or neglect as required by the Abused
2    and Neglected Child Reporting Act.
3        (14) Gross negligence in the practice of practical,
4    professional, or advanced practice registered nursing.
5        (15) Holding oneself out to be practicing nursing under
6    any name other than one's own.
7        (16) Failure of a licensee to report to the Department
8    any adverse final action taken against him or her by
9    another licensing jurisdiction of the United States or any
10    foreign state or country, any peer review body, any health
11    care institution, any professional or nursing society or
12    association, any governmental agency, any law enforcement
13    agency, or any court or a nursing liability claim related
14    to acts or conduct similar to acts or conduct that would
15    constitute grounds for action as defined in this Section.
16        (17) Failure of a licensee to report to the Department
17    surrender by the licensee of a license or authorization to
18    practice nursing or advanced practice registered nursing
19    in another state or jurisdiction or current surrender by
20    the licensee of membership on any nursing staff or in any
21    nursing or advanced practice registered nursing or
22    professional association or society while under
23    disciplinary investigation by any of those authorities or
24    bodies for acts or conduct similar to acts or conduct that
25    would constitute grounds for action as defined by this
26    Section.

 

 

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1        (18) Failing, within 60 days, to provide information in
2    response to a written request made by the Department.
3        (19) Failure to establish and maintain records of
4    patient care and treatment as required by law.
5        (20) Fraud, deceit or misrepresentation in applying
6    for or procuring a license under this Act or in connection
7    with applying for renewal of a license under this Act.
8        (21) Allowing another person or organization to use the
9    licensees' license to deceive the public.
10        (22) Willfully making or filing false records or
11    reports in the licensee's practice, including but not
12    limited to false records to support claims against the
13    medical assistance program of the Department of Healthcare
14    and Family Services (formerly Department of Public Aid)
15    under the Illinois Public Aid Code.
16        (23) Attempting to subvert or cheat on a licensing
17    examination administered under this Act.
18        (24) Immoral conduct in the commission of an act,
19    including, but not limited to, sexual abuse, sexual
20    misconduct, or sexual exploitation, related to the
21    licensee's practice.
22        (25) Willfully or negligently violating the
23    confidentiality between nurse and patient except as
24    required by law.
25        (26) Practicing under a false or assumed name, except
26    as provided by law.

 

 

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1        (27) The use of any false, fraudulent, or deceptive
2    statement in any document connected with the licensee's
3    practice.
4        (28) Directly or indirectly giving to or receiving from
5    a person, firm, corporation, partnership, or association a
6    fee, commission, rebate, or other form of compensation for
7    professional services not actually or personally rendered.
8    Nothing in this paragraph (28) affects any bona fide
9    independent contractor or employment arrangements among
10    health care professionals, health facilities, health care
11    providers, or other entities, except as otherwise
12    prohibited by law. Any employment arrangements may include
13    provisions for compensation, health insurance, pension, or
14    other employment benefits for the provision of services
15    within the scope of the licensee's practice under this Act.
16    Nothing in this paragraph (28) shall be construed to
17    require an employment arrangement to receive professional
18    fees for services rendered.
19        (29) A violation of the Health Care Worker
20    Self-Referral Act.
21        (30) Physical illness, mental illness, or disability
22    that results in the inability to practice the profession
23    with reasonable judgment, skill, or safety.
24        (31) Exceeding the terms of a collaborative agreement
25    or the prescriptive authority delegated to a licensee by
26    his or her collaborating physician or podiatric physician

 

 

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1    in guidelines established under a written collaborative
2    agreement.
3        (32) Making a false or misleading statement regarding a
4    licensee's skill or the efficacy or value of the medicine,
5    treatment, or remedy prescribed by him or her in the course
6    of treatment.
7        (33) Prescribing, selling, administering,
8    distributing, giving, or self-administering a drug
9    classified as a controlled substance (designated product)
10    or narcotic for other than medically accepted therapeutic
11    purposes.
12        (34) Promotion of the sale of drugs, devices,
13    appliances, or goods provided for a patient in a manner to
14    exploit the patient for financial gain.
15        (35) Violating State or federal laws, rules, or
16    regulations relating to controlled substances.
17        (36) Willfully or negligently violating the
18    confidentiality between an advanced practice registered
19    nurse, collaborating physician, dentist, or podiatric
20    physician and a patient, except as required by law.
21        (37) Willfully failing to report an instance of
22    suspected abuse, neglect, financial exploitation, or
23    self-neglect of an eligible adult as defined in and
24    required by the Adult Protective Services Act.
25        (38) Being named as an abuser in a verified report by
26    the Department on Aging and under the Adult Protective

 

 

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1    Services Act, and upon proof by clear and convincing
2    evidence that the licensee abused, neglected, or
3    financially exploited an eligible adult as defined in the
4    Adult Protective Services Act.
5        (39) A violation of any provision of this Act or any
6    rules adopted under this Act.
7        (40) Violating the Compassionate Use of Medical
8    Cannabis Program Act.
9    (c) The determination by a circuit court that a licensee is
10subject to involuntary admission or judicial admission as
11provided in the Mental Health and Developmental Disabilities
12Code, as amended, operates as an automatic suspension. The
13suspension will end only upon a finding by a court that the
14patient is no longer subject to involuntary admission or
15judicial admission and issues an order so finding and
16discharging the patient; and upon the recommendation of the
17Board to the Secretary that the licensee be allowed to resume
18his or her practice.
19    (d) The Department may refuse to issue or may suspend or
20otherwise discipline the license of any person who fails to
21file a return, or to pay the tax, penalty or interest shown in
22a filed return, or to pay any final assessment of the tax,
23penalty, or interest as required by any tax Act administered by
24the Department of Revenue, until such time as the requirements
25of any such tax Act are satisfied.
26    (e) In enforcing this Act, the Department, upon a showing

 

 

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1of a possible violation, may compel an individual licensed to
2practice under this Act or who has applied for licensure under
3this Act, to submit to a mental or physical examination, or
4both, as required by and at the expense of the Department. The
5Department may order the examining physician to present
6testimony concerning the mental or physical examination of the
7licensee or applicant. No information shall be excluded by
8reason of any common law or statutory privilege relating to
9communications between the licensee or applicant and the
10examining physician. The examining physicians shall be
11specifically designated by the Department. The individual to be
12examined may have, at his or her own expense, another physician
13of his or her choice present during all aspects of this
14examination. Failure of an individual to submit to a mental or
15physical examination, when directed, shall result in an
16automatic suspension without hearing.
17    All substance-related violations shall mandate an
18automatic substance abuse assessment. Failure to submit to an
19assessment by a licensed physician who is certified as an
20addictionist or an advanced practice registered nurse with
21specialty certification in addictions may be grounds for an
22automatic suspension, as defined by rule.
23    If the Department finds an individual unable to practice or
24unfit for duty because of the reasons set forth in this
25subsection (e), the Department may require that individual to
26submit to a substance abuse evaluation or treatment by

 

 

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1individuals or programs approved or designated by the
2Department, as a condition, term, or restriction for continued,
3restored, or renewed licensure to practice; or, in lieu of
4evaluation or treatment, the Department may file, or the Board
5may recommend to the Department to file, a complaint to
6immediately suspend, revoke, or otherwise discipline the
7license of the individual. An individual whose license was
8granted, continued, restored, renewed, disciplined or
9supervised subject to such terms, conditions, or restrictions,
10and who fails to comply with such terms, conditions, or
11restrictions, shall be referred to the Secretary for a
12determination as to whether the individual shall have his or
13her license suspended immediately, pending a hearing by the
14Department.
15    In instances in which the Secretary immediately suspends a
16person's license under this subsection (e), a hearing on that
17person's license must be convened by the Department within 15
18days after the suspension and completed without appreciable
19delay. The Department and Board shall have the authority to
20review the subject individual's record of treatment and
21counseling regarding the impairment to the extent permitted by
22applicable federal statutes and regulations safeguarding the
23confidentiality of medical records.
24    An individual licensed under this Act and affected under
25this subsection (e) shall be afforded an opportunity to
26demonstrate to the Department that he or she can resume

 

 

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1practice in compliance with nursing standards under the
2provisions of his or her license.
3(Source: P.A. 100-513, eff. 1-1-18.)
 
4    Section 50. The Physician Assistant Practice Act of 1987 is
5amended by changing Section 21 as follows:
 
6    (225 ILCS 95/21)  (from Ch. 111, par. 4621)
7    (Section scheduled to be repealed on January 1, 2028)
8    Sec. 21. Grounds for disciplinary action.
9    (a) The Department may refuse to issue or to renew, or may
10revoke, suspend, place on probation, reprimand, or take other
11disciplinary or non-disciplinary action with regard to any
12license issued under this Act as the Department may deem
13proper, including the issuance of fines not to exceed $10,000
14for each violation, for any one or combination of the following
15causes:
16        (1) Material misstatement in furnishing information to
17    the Department.
18        (2) Violations of this Act, or the rules adopted under
19    this Act.
20        (3) Conviction by plea of guilty or nolo contendere,
21    finding of guilt, jury verdict, or entry of judgment or
22    sentencing, including, but not limited to, convictions,
23    preceding sentences of supervision, conditional discharge,
24    or first offender probation, under the laws of any

 

 

10100SB2023ham001- 95 -LRB101 09588 RLC 61491 a

1    jurisdiction of the United States that is: (i) a felony; or
2    (ii) a misdemeanor, an essential element of which is
3    dishonesty, or that is directly related to the practice of
4    the profession.
5        (4) Making any misrepresentation for the purpose of
6    obtaining licenses.
7        (5) Professional incompetence.
8        (6) Aiding or assisting another person in violating any
9    provision of this Act or its rules.
10        (7) Failing, within 60 days, to provide information in
11    response to a written request made by the Department.
12        (8) Engaging in dishonorable, unethical, or
13    unprofessional conduct, as defined by rule, of a character
14    likely to deceive, defraud, or harm the public.
15        (9) Habitual or excessive use or addiction to alcohol,
16    narcotics, stimulants, or any other chemical agent or drug
17    that results in a physician assistant's inability to
18    practice with reasonable judgment, skill, or safety.
19        (10) Discipline by another U.S. jurisdiction or
20    foreign nation, if at least one of the grounds for
21    discipline is the same or substantially equivalent to those
22    set forth in this Section.
23        (11) Directly or indirectly giving to or receiving from
24    any person, firm, corporation, partnership, or association
25    any fee, commission, rebate or other form of compensation
26    for any professional services not actually or personally

 

 

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1    rendered. Nothing in this paragraph (11) affects any bona
2    fide independent contractor or employment arrangements,
3    which may include provisions for compensation, health
4    insurance, pension, or other employment benefits, with
5    persons or entities authorized under this Act for the
6    provision of services within the scope of the licensee's
7    practice under this Act.
8        (12) A finding by the Disciplinary Board that the
9    licensee, after having his or her license placed on
10    probationary status has violated the terms of probation.
11        (13) Abandonment of a patient.
12        (14) Willfully making or filing false records or
13    reports in his or her practice, including but not limited
14    to false records filed with state agencies or departments.
15        (15) Willfully failing to report an instance of
16    suspected child abuse or neglect as required by the Abused
17    and Neglected Child Reporting Act.
18        (16) Physical illness, or mental illness or impairment
19    that results in the inability to practice the profession
20    with reasonable judgment, skill, or safety, including, but
21    not limited to, deterioration through the aging process or
22    loss of motor skill.
23        (17) 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

 

 

10100SB2023ham001- 97 -LRB101 09588 RLC 61491 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        (18) (Blank).
5        (19) Gross negligence resulting in permanent injury or
6    death of a patient.
7        (20) Employment of fraud, deception or any unlawful
8    means in applying for or securing a license as a physician
9    assistant.
10        (21) Exceeding the authority delegated to him or her by
11    his or her collaborating physician in a written
12    collaborative agreement.
13        (22) Immoral conduct in the commission of any act, such
14    as sexual abuse, sexual misconduct, or sexual exploitation
15    related to the licensee's practice.
16        (23) Violation of the Health Care Worker Self-Referral
17    Act.
18        (24) Practicing under a false or assumed name, except
19    as provided by law.
20        (25) Making a false or misleading statement regarding
21    his or her skill or the efficacy or value of the medicine,
22    treatment, or remedy prescribed by him or her in the course
23    of treatment.
24        (26) Allowing another person to use his or her license
25    to practice.
26        (27) Prescribing, selling, administering,

 

 

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1    distributing, giving, or self-administering a drug
2    classified as a controlled substance for other than
3    medically-accepted therapeutic purposes.
4        (28) Promotion of the sale of drugs, devices,
5    appliances, or goods provided for a patient in a manner to
6    exploit the patient for financial gain.
7        (29) A pattern of practice or other behavior that
8    demonstrates incapacity or incompetence to practice under
9    this Act.
10        (30) Violating State or federal laws or regulations
11    relating to controlled substances or other legend drugs or
12    ephedra as defined in the Ephedra Prohibition Act.
13        (31) Exceeding the prescriptive authority delegated by
14    the collaborating physician or violating the written
15    collaborative agreement delegating that authority.
16        (32) Practicing without providing to the Department a
17    notice of collaboration or delegation of prescriptive
18    authority.
19        (33) Failure to establish and maintain records of
20    patient care and treatment as required by law.
21        (34) Attempting to subvert or cheat on the examination
22    of the National Commission on Certification of Physician
23    Assistants or its successor agency.
24        (35) Willfully or negligently violating the
25    confidentiality between physician assistant and patient,
26    except as required by law.

 

 

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1        (36) Willfully failing to report an instance of
2    suspected abuse, neglect, financial exploitation, or
3    self-neglect of an eligible adult as defined in and
4    required by the Adult Protective Services Act.
5        (37) Being named as an abuser in a verified report by
6    the Department on Aging under the Adult Protective Services
7    Act and upon proof by clear and convincing evidence that
8    the licensee abused, neglected, or financially exploited
9    an eligible adult as defined in the Adult Protective
10    Services Act.
11        (38) Failure to report to the Department an adverse
12    final action taken against him or her by another licensing
13    jurisdiction of the United States or a foreign state or
14    country, a peer review body, a health care institution, a
15    professional society or association, a governmental
16    agency, a law enforcement agency, or a court acts or
17    conduct similar to acts or conduct that would constitute
18    grounds for action under this Section.
19        (39) Failure to provide copies of records of patient
20    care or treatment, except as required by law.
21        (40) Entering into an excessive number of written
22    collaborative agreements with licensed physicians
23    resulting in an inability to adequately collaborate.
24        (41) Repeated failure to adequately collaborate with a
25    collaborating physician.
26        (42) Violating the Compassionate Use of Medical

 

 

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1    Cannabis Program Act.
2    (b) The Department may, without a hearing, refuse to issue
3or renew or may suspend the license of any person who fails to
4file a return, or to pay the tax, penalty or interest shown in
5a filed return, or to pay any final assessment of the tax,
6penalty, or interest as required by any tax Act administered by
7the Illinois Department of Revenue, until such time as the
8requirements of any such tax Act are satisfied.
9    (c) The determination by a circuit court that a licensee is
10subject to involuntary admission or judicial admission as
11provided in the Mental Health and Developmental Disabilities
12Code operates as an automatic suspension. The suspension will
13end only upon a finding by a court that the patient is no
14longer subject to involuntary admission or judicial admission
15and issues an order so finding and discharging the patient, and
16upon the recommendation of the Disciplinary Board to the
17Secretary that the licensee be allowed to resume his or her
18practice.
19    (d) In enforcing this Section, the Department upon a
20showing of a possible violation may compel an individual
21licensed to practice under this Act, or who has applied for
22licensure under this Act, to submit to a mental or physical
23examination, or both, which may include a substance abuse or
24sexual offender evaluation, as required by and at the expense
25of the Department.
26    The Department shall specifically designate the examining

 

 

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1physician licensed to practice medicine in all of its branches
2or, if applicable, the multidisciplinary team involved in
3providing the mental or physical examination or both. The
4multidisciplinary team shall be led by a physician licensed to
5practice medicine in all of its branches and may consist of one
6or more or a combination of physicians licensed to practice
7medicine in all of its branches, licensed clinical
8psychologists, licensed clinical social workers, licensed
9clinical professional counselors, and other professional and
10administrative staff. Any examining physician or member of the
11multidisciplinary team may require any person ordered to submit
12to an examination pursuant to this Section to submit to any
13additional supplemental testing deemed necessary to complete
14any examination or evaluation process, including, but not
15limited to, blood testing, urinalysis, psychological testing,
16or neuropsychological testing.
17    The Department may order the examining physician or any
18member of the multidisciplinary team to provide to the
19Department any and all records, including business records,
20that relate to the examination and evaluation, including any
21supplemental testing performed.
22    The Department may order the examining physician or any
23member of the multidisciplinary team to present testimony
24concerning the mental or physical examination of the licensee
25or applicant. No information, report, record, or other
26documents in any way related to the examination shall be

 

 

10100SB2023ham001- 102 -LRB101 09588 RLC 61491 a

1excluded by reason of any common law or statutory privilege
2relating to communications between the licensee or applicant
3and the examining physician or any member of the
4multidisciplinary team. No authorization is necessary from the
5licensee or applicant ordered to undergo an examination for the
6examining physician or any member of the multidisciplinary team
7to provide information, reports, records, or other documents or
8to provide any testimony regarding the examination and
9evaluation.
10    The individual to be examined may have, at his or her own
11expense, another physician of his or her choice present during
12all aspects of this examination. However, that physician shall
13be present only to observe and may not interfere in any way
14with the examination.
15     Failure of an individual to submit to a mental or physical
16examination, when ordered, shall result in an automatic
17suspension of his or her license until the individual submits
18to the examination.
19    If the Department finds an individual unable to practice
20because of the reasons set forth in this Section, the
21Department may require that individual to submit to care,
22counseling, or treatment by physicians approved or designated
23by the Department, as a condition, term, or restriction for
24continued, reinstated, or renewed licensure to practice; or, in
25lieu of care, counseling, or treatment, the Department may file
26a complaint to immediately suspend, revoke, or otherwise

 

 

10100SB2023ham001- 103 -LRB101 09588 RLC 61491 a

1discipline the license of the individual. An individual whose
2license was granted, continued, reinstated, renewed,
3disciplined, or supervised subject to such terms, conditions,
4or restrictions, and who fails to comply with such terms,
5conditions, or restrictions, shall be referred to the Secretary
6for a determination as to whether the individual shall have his
7or her license suspended immediately, pending a hearing by the
8Department.
9    In instances in which the Secretary immediately suspends a
10person's license under this Section, a hearing on that person's
11license must be convened by the Department within 30 days after
12the suspension and completed without appreciable delay. The
13Department shall have the authority to review the subject
14individual's record of treatment and counseling regarding the
15impairment to the extent permitted by applicable federal
16statutes and regulations safeguarding the confidentiality of
17medical records.
18    An individual licensed under this Act and affected under
19this Section shall be afforded an opportunity to demonstrate to
20the Department that he or she can resume practice in compliance
21with acceptable and prevailing standards under the provisions
22of his or her license.
23    (e) An individual or organization acting in good faith, and
24not in a willful and wanton manner, in complying with this
25Section by providing a report or other information to the
26Board, by assisting in the investigation or preparation of a

 

 

10100SB2023ham001- 104 -LRB101 09588 RLC 61491 a

1report or information, by participating in proceedings of the
2Board, or by serving as a member of the Board, shall not be
3subject to criminal prosecution or civil damages as a result of
4such actions.
5    (f) Members of the Board and the Disciplinary Board shall
6be indemnified by the State for any actions occurring within
7the scope of services on the Disciplinary Board or Board, done
8in good faith and not willful and wanton in nature. The
9Attorney General shall defend all such actions unless he or she
10determines either that there would be a conflict of interest in
11such representation or that the actions complained of were not
12in good faith or were willful and wanton.
13    If the Attorney General declines representation, the
14member has the right to employ counsel of his or her choice,
15whose fees shall be provided by the State, after approval by
16the Attorney General, unless there is a determination by a
17court that the member's actions were not in good faith or were
18willful and wanton.
19    The member must notify the Attorney General within 7 days
20after receipt of notice of the initiation of any action
21involving services of the Disciplinary Board. Failure to so
22notify the Attorney General constitutes an absolute waiver of
23the right to a defense and indemnification.
24    The Attorney General shall determine, within 7 days after
25receiving such notice, whether he or she will undertake to
26represent the member.

 

 

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1(Source: P.A. 100-453, eff. 8-25-17; 100-605, eff. 1-1-19.)
 
2    Section 55. The Compassionate Use of Medical Cannabis Pilot
3Program Act is amended by changing Sections 1, 7, 10, 25, 30,
435, 36, 40, 45, 55, 57, 60, 62, 75, 105, 115, 130, 145, 160,
5195, and 200 and adding Section 173 as follows:
 
6    (410 ILCS 130/1)
7    (Section scheduled to be repealed on July 1, 2020)
8    Sec. 1. Short title. This Act may be cited as the
9Compassionate Use of Medical Cannabis Pilot Program Act.
10(Source: P.A. 98-122, eff. 1-1-14.)
 
11    (410 ILCS 130/7)
12    (Section scheduled to be repealed on July 1, 2020)
13    Sec. 7. Lawful user and lawful products. For the purposes
14of this Act and to clarify the legislative findings on the
15lawful use of cannabis:
16        (1) A cardholder under this Act shall not be considered
17    an unlawful user or addicted to narcotics solely as a
18    result of his or her qualifying patient or designated
19    caregiver status.
20        (2) All medical cannabis products purchased by a
21    qualifying patient at a licensed dispensing organization
22    shall be lawful products and a distinction shall be made
23    between medical and non-medical uses of cannabis as a

 

 

10100SB2023ham001- 106 -LRB101 09588 RLC 61491 a

1    result of the qualifying patient's cardholder status,
2    provisional registration for qualifying patient cardholder
3    status, or participation in the Opioid Alternative Pilot
4    Program under the authorized use granted under State law.
5        (3) An individual with a provisional registration for
6    qualifying patient cardholder status, a qualifying patient
7    in the Compassionate Use of Medical Cannabis Program
8    medical cannabis pilot program, or an Opioid Alternative
9    Pilot Program participant under Section 62 shall not be
10    considered an unlawful user or addicted to narcotics solely
11    as a result of his or her application to or participation
12    in the program.
13(Source: P.A. 99-519, eff. 6-30-16; 100-1114, eff. 8-28-18.)
 
14    (410 ILCS 130/10)
15    (Section scheduled to be repealed on July 1, 2020)
16    Sec. 10. Definitions. The following terms, as used in this
17Act, shall have the meanings set forth in this Section:
18    (a) "Adequate supply" means:
19        (1) 2.5 ounces of usable cannabis during a period of 14
20    days and that is derived solely from an intrastate source.
21        (2) Subject to the rules of the Department of Public
22    Health, a patient may apply for a waiver where a certifying
23    health care professional physician provides a substantial
24    medical basis in a signed, written statement asserting
25    that, based on the patient's medical history, in the

 

 

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1    certifying health care professional's physician's
2    professional judgment, 2.5 ounces is an insufficient
3    adequate supply for a 14-day period to properly alleviate
4    the patient's debilitating medical condition or symptoms
5    associated with the debilitating medical condition.
6        (3) This subsection may not be construed to authorize
7    the possession of more than 2.5 ounces at any time without
8    authority from the Department of Public Health.
9        (4) The pre-mixed weight of medical cannabis used in
10    making a cannabis infused product shall apply toward the
11    limit on the total amount of medical cannabis a registered
12    qualifying patient may possess at any one time.
13    (a-5) "Advanced practice registered nurse" means a person
14who is licensed under the Nurse Practice Act as an advanced
15practice registered nurse and has a controlled substances
16license under Article III of the Illinois Controlled Substances
17Act.
18    (b) "Cannabis" has the meaning given that term in Section 3
19of the Cannabis Control Act.
20    (c) "Cannabis plant monitoring system" means a system that
21includes, but is not limited to, testing and data collection
22established and maintained by the registered cultivation
23center and available to the Department for the purposes of
24documenting each cannabis plant and for monitoring plant
25development throughout the life cycle of a cannabis plant
26cultivated for the intended use by a qualifying patient from

 

 

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1seed planting to final packaging.
2    (d) "Cardholder" means a qualifying patient or a designated
3caregiver who has been issued and possesses a valid registry
4identification card by the Department of Public Health.
5    (d-5) "Certifying health care professional" means a
6physician, an advanced practice registered nurse, or a
7physician assistant.
8    (e) "Cultivation center" means a facility operated by an
9organization or business that is registered by the Department
10of Agriculture to perform necessary activities to provide only
11registered medical cannabis dispensing organizations with
12usable medical cannabis.
13    (f) "Cultivation center agent" means a principal officer,
14board member, employee, or agent of a registered cultivation
15center who is 21 years of age or older and has not been
16convicted of an excluded offense.
17    (g) "Cultivation center agent identification card" means a
18document issued by the Department of Agriculture that
19identifies a person as a cultivation center agent.
20    (h) "Debilitating medical condition" means one or more of
21the following:
22        (1) cancer, glaucoma, positive status for human
23    immunodeficiency virus, acquired immune deficiency
24    syndrome, hepatitis C, amyotrophic lateral sclerosis,
25    Crohn's disease (including, but not limited to, ulcerative
26    colitis), agitation of Alzheimer's disease,

 

 

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1    cachexia/wasting syndrome, muscular dystrophy, severe
2    fibromyalgia, spinal cord disease, including but not
3    limited to arachnoiditis, Tarlov cysts, hydromyelia,
4    syringomyelia, Rheumatoid arthritis, fibrous dysplasia,
5    spinal cord injury, traumatic brain injury and
6    post-concussion syndrome, Multiple Sclerosis,
7    Arnold-Chiari malformation and Syringomyelia,
8    Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's,
9    Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD
10    (Complex Regional Pain Syndromes Type I), Causalgia, CRPS
11    (Complex Regional Pain Syndromes Type II),
12    Neurofibromatosis, Chronic Inflammatory Demyelinating
13    Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial
14    Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella
15    syndrome, residual limb pain, seizures (including those
16    characteristic of epilepsy), post-traumatic stress
17    disorder (PTSD), autism, chronic pain, irritable bowel
18    syndrome, migraines, osteoarthritis, anorexia nervosa,
19    Ehlers-Danlos Syndrome, Neuro-Behcet's Autoimmune Disease,
20    neuropathy, polycystic kidney disease, superior canal
21    dehiscence syndrome, or the treatment of these conditions;
22        (1.5) terminal illness with a diagnosis of 6 months or
23    less; if the terminal illness is not one of the qualifying
24    debilitating medical conditions, then the certifying
25    health care professional physician shall on the
26    certification form identify the cause of the terminal

 

 

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

 

 

10100SB2023ham001- 111 -LRB101 09588 RLC 61491 a

1    jurisdiction where the person was convicted; or
2        (2) a violation of a state or federal controlled
3    substance law, the Cannabis Control Act, or the
4    Methamphetamine Control and Community Protection Act that
5    was classified as a felony in the jurisdiction where the
6    person was convicted, except that the registering
7    Department may waive this restriction if the person
8    demonstrates to the registering Department's satisfaction
9    that his or her conviction was for the possession,
10    cultivation, transfer, or delivery of a reasonable amount
11    of cannabis intended for medical use. This exception does
12    not apply if the conviction was under state law and
13    involved a violation of an existing medical cannabis law.
14    For purposes of this subsection, the Department of Public
15Health shall determine by emergency rule within 30 days after
16the effective date of this amendatory Act of the 99th General
17Assembly what constitutes a "reasonable amount".
18    (l-5) (Blank).
19    (l-10) "Illinois Cannabis Tracking System" means a
20web-based system established and maintained by the Department
21of Public Health that is available to the Department of
22Agriculture, the Department of Financial and Professional
23Regulation, the Illinois State Police, and registered medical
24cannabis dispensing organizations on a 24-hour basis to upload
25written certifications for Opioid Alternative Pilot Program
26participants, to verify Opioid Alternative Pilot Program

 

 

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

 

 

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

 

 

10100SB2023ham001- 114 -LRB101 09588 RLC 61491 a

1licensed under the Physician Assistant Practice Act of 1987 and
2who has a controlled substances license under Article III of
3the Illinois Controlled Substances Act.
4    (s-5) "Provisional registration" means a document issued
5by the Department of Public Health to a qualifying patient who
6has submitted: (1) an online application and paid a fee to
7participate in Compassionate Use of Medical Cannabis Pilot
8Program pending approval or denial of the patient's
9application; or (2) a completed application for terminal
10illness.
11    (t) "Qualifying patient" means a person who has been
12diagnosed by a certifying health care professional physician as
13having a debilitating medical condition.
14    (u) "Registered" means licensed, permitted, or otherwise
15certified by the Department of Agriculture, Department of
16Public Health, or Department of Financial and Professional
17Regulation.
18    (v) "Registry identification card" means a document issued
19by the Department of Public Health that identifies a person as
20a registered qualifying patient or registered designated
21caregiver.
22    (w) "Usable cannabis" means the seeds, leaves, buds, and
23flowers of the cannabis plant and any mixture or preparation
24thereof, but does not include the stalks, and roots of the
25plant. It does not include the weight of any non-cannabis
26ingredients combined with cannabis, such as ingredients added

 

 

10100SB2023ham001- 115 -LRB101 09588 RLC 61491 a

1to prepare a topical administration, food, or drink.
2    (x) "Verification system" means a Web-based system
3established and maintained by the Department of Public Health
4that is available to the Department of Agriculture, the
5Department of Financial and Professional Regulation, law
6enforcement personnel, and registered medical cannabis
7dispensing organization agents on a 24-hour basis for the
8verification of registry identification cards, the tracking of
9delivery of medical cannabis to medical cannabis dispensing
10organizations, and the tracking of the date of sale, amount,
11and price of medical cannabis purchased by a registered
12qualifying patient.
13    (y) "Written certification" means a document dated and
14signed by a certifying health care professional physician,
15stating (1) that the qualifying patient has a debilitating
16medical condition and specifying the debilitating medical
17condition the qualifying patient has; and (2) that (A) the
18certifying health care professional physician is treating or
19managing treatment of the patient's debilitating medical
20condition; or (B) an Opioid Alternative Pilot Program
21participant has a medical condition for which opioids have been
22or could be prescribed. A written certification shall be made
23only in the course of a bona fide health care
24professional-patient physician-patient relationship, after the
25certifying health care professional physician has completed an
26assessment of either a qualifying patient's medical history or

 

 

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1Opioid Alternative Pilot Program participant, reviewed
2relevant records related to the patient's debilitating
3condition, and conducted a physical examination.
4    (z) "Bona fide health care professional-patient
5physician-patient relationship" means a relationship
6established at a hospital, certifying health care
7professional's physician's office, or other health care
8facility in which the certifying health care professional
9physician has an ongoing responsibility for the assessment,
10care, and treatment of a patient's debilitating medical
11condition or a symptom of the patient's debilitating medical
12condition.
13    A veteran who has received treatment at a VA hospital shall
14be deemed to have a bona fide health care professional-patient
15physician-patient relationship with a VA certifying health
16care professional physician if the patient has been seen for
17his or her debilitating medical condition at the VA Hospital in
18accordance with VA Hospital protocols.
19    A bona fide health care professional-patient
20physician-patient relationship under this subsection is a
21privileged communication within the meaning of Section 8-802 of
22the Code of Civil Procedure.
23(Source: P.A. 99-519, eff. 6-30-16; 100-1114, eff. 8-28-18.)
 
24    (410 ILCS 130/25)
25    (Section scheduled to be repealed on July 1, 2020)

 

 

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

 

 

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

 

 

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

 

 

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

 

 

10100SB2023ham001- 121 -LRB101 09588 RLC 61491 a

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

 

 

10100SB2023ham001- 122 -LRB101 09588 RLC 61491 a

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

 

 

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1agency, shall be subject to criminal or civil liability, except
2for willful and wanton misconduct, as a result of taking any
3action within the scope of the official duties of the agency or
4individual to prohibit or prevent the possession or use of
5cannabis by a cardholder incarcerated at a correctional
6facility, jail, or municipal lockup facility, on parole or
7mandatory supervised release, or otherwise under the lawful
8jurisdiction of the agency or individual.
9(Source: P.A. 98-122, eff. 1-1-14; 99-96, eff. 7-22-15.)
 
10    (410 ILCS 130/30)
11    (Section scheduled to be repealed on July 1, 2020)
12    Sec. 30. Limitations and penalties.
13    (a) This Act does not permit any person to engage in, and
14does not prevent the imposition of any civil, criminal, or
15other penalties for engaging in, the following conduct:
16        (1) Undertaking any task under the influence of
17    cannabis, when doing so would constitute negligence,
18    professional malpractice, or professional misconduct;
19        (2) Possessing cannabis:
20            (A) except as provided under Section 22-33 of the
21        School Code, in a school bus;
22            (B) except as provided under Section 22-33 of the
23        School Code, on the grounds of any preschool or primary
24        or secondary school;
25            (C) in any correctional facility;

 

 

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1            (D) in a vehicle under Section 11-502.1 of the
2        Illinois Vehicle Code;
3            (E) in a vehicle not open to the public unless the
4        medical cannabis is in a reasonably secured, sealed,
5        tamper-evident container and reasonably inaccessible
6        while the vehicle is moving; or
7            (F) in a private residence that is used at any time
8        to provide licensed child care or other similar social
9        service care on the premises;
10        (3) Using cannabis:
11            (A) except as provided under Section 22-33 of the
12        School Code, in a school bus;
13            (B) except as provided under Section 22-33 of the
14        School Code, on the grounds of any preschool or primary
15        or secondary school;
16            (C) in any correctional facility;
17            (D) in any motor vehicle;
18            (E) in a private residence that is used at any time
19        to provide licensed child care or other similar social
20        service care on the premises;
21            (F) except as provided under Section 22-33 of the
22        School Code, in any public place. "Public place" as
23        used in this subsection means any place where an
24        individual could reasonably be expected to be observed
25        by others. A "public place" includes all parts of
26        buildings owned in whole or in part, or leased, by the

 

 

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1        State or a local unit of government. A "public place"
2        does not include a private residence unless the private
3        residence is used to provide licensed child care,
4        foster care, or other similar social service care on
5        the premises. For purposes of this subsection, a
6        "public place" does not include a health care facility.
7        For purposes of this Section, a "health care facility"
8        includes, but is not limited to, hospitals, nursing
9        homes, hospice care centers, and long-term care
10        facilities;
11            (G) except as provided under Section 22-33 of the
12        School Code, knowingly in close physical proximity to
13        anyone under the age of 18 years of age;
14        (4) Smoking medical cannabis in any public place where
15    an individual could reasonably be expected to be observed
16    by others, in a health care facility, or any other place
17    where smoking is prohibited under the Smoke Free Illinois
18    Act;
19        (5) Operating, navigating, or being in actual physical
20    control of any motor vehicle, aircraft, or motorboat while
21    using or under the influence of cannabis in violation of
22    Sections 11-501 and 11-502.1 of the Illinois Vehicle Code;
23        (6) Using or possessing cannabis if that person does
24    not have a debilitating medical condition and is not a
25    registered qualifying patient or caregiver;
26        (7) Allowing any person who is not allowed to use

 

 

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1    cannabis under this Act to use cannabis that a cardholder
2    is allowed to possess under this Act;
3        (8) Transferring cannabis to any person contrary to the
4    provisions of this Act;
5        (9) The use of medical cannabis by an active duty law
6    enforcement officer, correctional officer, correctional
7    probation officer, or firefighter; or
8        (10) The use of medical cannabis by a person who has a
9    school bus permit or a Commercial Driver's License.
10    (b) Nothing in this Act shall be construed to prevent the
11arrest or prosecution of a registered qualifying patient for
12reckless driving or driving under the influence of cannabis
13where probable cause exists.
14    (c) Notwithstanding any other criminal penalties related
15to the unlawful possession of cannabis, knowingly making a
16misrepresentation to a law enforcement official of any fact or
17circumstance relating to the medical use of cannabis to avoid
18arrest or prosecution is a petty offense punishable by a fine
19of up to $1,000, which shall be in addition to any other
20penalties that may apply for making a false statement or for
21the use of cannabis other than use undertaken under this Act.
22    (d) Notwithstanding any other criminal penalties related
23to the unlawful possession of cannabis, any person who makes a
24misrepresentation of a medical condition to a certifying health
25care professional physician or fraudulently provides material
26misinformation to a certifying health care professional

 

 

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1physician in order to obtain a written certification is guilty
2of a petty offense punishable by a fine of up to $1,000.
3    (e) Any cardholder or registered caregiver who sells
4cannabis shall have his or her registry identification card
5revoked and is subject to other penalties for the unauthorized
6sale of cannabis.
7    (f) Any registered qualifying patient who commits a
8violation of Section 11-502.1 of the Illinois Vehicle Code or
9refuses a properly requested test related to operating a motor
10vehicle while under the influence of cannabis shall have his or
11her registry identification card revoked.
12    (g) No registered qualifying patient or designated
13caregiver shall knowingly obtain, seek to obtain, or possess,
14individually or collectively, an amount of usable cannabis from
15a registered medical cannabis dispensing organization that
16would cause him or her to exceed the authorized adequate supply
17under subsection (a) of Section 10.
18    (h) Nothing in this Act shall prevent a private business
19from restricting or prohibiting the medical use of cannabis on
20its property.
21    (i) Nothing in this Act shall prevent a university,
22college, or other institution of post-secondary education from
23restricting or prohibiting the use of medical cannabis on its
24property.
25(Source: P.A. 100-660, eff. 8-1-18.)
 

 

 

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1    (410 ILCS 130/35)
2    (Section scheduled to be repealed on July 1, 2020)
3    Sec. 35. Certifying health care professional Physician
4requirements.
5    (a) A certifying health care professional physician who
6certifies a debilitating medical condition for a qualifying
7patient shall comply with all of the following requirements:
8        (1) The certifying health care professional Physician
9    shall be currently licensed under the Medical Practice Act
10    of 1987 to practice medicine in all its branches, the Nurse
11    Practice Act, or the Physician Assistant Practice Act of
12    1987, shall be and in good standing, and must hold a
13    controlled substances license under Article III of the
14    Illinois Controlled Substances Act.
15        (2) A certifying health care professional physician
16    certifying a patient's condition shall comply with
17    generally accepted standards of medical practice, the
18    provisions of the Medical Practice Act under which he or
19    she is licensed of 1987 and all applicable rules.
20        (3) The physical examination required by this Act may
21    not be performed by remote means, including telemedicine.
22        (4) The certifying health care professional physician
23    shall maintain a record-keeping system for all patients for
24    whom the certifying health care professional physician has
25    certified the patient's medical condition. These records
26    shall be accessible to and subject to review by the

 

 

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1    Department of Public Health and the Department of Financial
2    and Professional Regulation upon request.
3    (b) A certifying health care professional physician may
4not:
5        (1) accept, solicit, or offer any form of remuneration
6    from or to a qualifying patient, primary caregiver,
7    cultivation center, or dispensing organization, including
8    each principal officer, board member, agent, and employee,
9    to certify a patient, other than accepting payment from a
10    patient for the fee associated with the required
11    examination, except for the limited purpose of performing a
12    medical cannabis-related research study;
13        (1.5) accept, solicit, or offer any form of
14    remuneration from or to a medical cannabis cultivation
15    center or dispensary organization for the purposes of
16    referring a patient to a specific dispensary organization;
17        (1.10) engage in any activity that is prohibited under
18    Section 22.2 of the Medical Practice Act of 1987,
19    regardless of whether the certifying health care
20    professional is a physician, advanced practice registered
21    nurse, or physician assistant;
22        (2) offer a discount of any other item of value to a
23    qualifying patient who uses or agrees to use a particular
24    primary caregiver or dispensing organization to obtain
25    medical cannabis;
26        (3) conduct a personal physical examination of a

 

 

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1    patient for purposes of diagnosing a debilitating medical
2    condition at a location where medical cannabis is sold or
3    distributed or at the address of a principal officer,
4    agent, or employee or a medical cannabis organization;
5        (4) hold a direct or indirect economic interest in a
6    cultivation center or dispensing organization if he or she
7    recommends the use of medical cannabis to qualified
8    patients or is in a partnership or other fee or
9    profit-sharing relationship with a certifying health care
10    professional physician who recommends medical cannabis,
11    except for the limited purpose of performing a medical
12    cannabis related research study;
13        (5) serve on the board of directors or as an employee
14    of a cultivation center or dispensing organization;
15        (6) refer patients to a cultivation center, a
16    dispensing organization, or a registered designated
17    caregiver; or
18        (7) advertise in a cultivation center or a dispensing
19    organization.
20    (c) The Department of Public Health may with reasonable
21cause refer a certifying health care professional physician,
22who has certified a debilitating medical condition of a
23patient, to the Illinois Department of Financial and
24Professional Regulation for potential violations of this
25Section.
26    (d) Any violation of this Section or any other provision of

 

 

10100SB2023ham001- 131 -LRB101 09588 RLC 61491 a

1this Act or rules adopted under this Act is a violation of the
2certifying health care professional's licensure act Medical
3Practice Act of 1987.
4    (e) A certifying health care professional physician who
5certifies a debilitating medical condition for a qualifying
6patient may notify the Department of Public Health in writing:
7(1) if the certifying health care professional physician has
8reason to believe either that the registered qualifying patient
9has ceased to suffer from a debilitating medical condition; (2)
10that the bona fide health care professional-patient
11physician-patient relationship has terminated; or (3) that
12continued use of medical cannabis would result in
13contraindication with the patient's other medication. The
14registered qualifying patient's registry identification card
15shall be revoked by the Department of Public Health after
16receiving the certifying health care professional's
17physician's notification.
18    (f) Nothing in this Act shall preclude a certifying health
19care professional from referring a patient for health services,
20except when the referral is limited to certification purposes
21only, under this Act.
22(Source: P.A. 99-519, eff. 6-30-16; 100-1114, eff. 8-28-18.)
 
23    (410 ILCS 130/36)
24    Sec. 36. Written certification.
25    (a) A certification confirming a patient's debilitating

 

 

10100SB2023ham001- 132 -LRB101 09588 RLC 61491 a

1medical condition shall be written on a form provided by the
2Department of Public Health and shall include, at a minimum,
3the following:
4        (1) the qualifying patient's name, date of birth, home
5    address, and primary telephone number;
6        (2) the certifying health care professional's
7    physician's name, address, telephone number, email
8    address, and medical, advance practice registered nurse,
9    or physician assistant license number, and the last 4
10    digits, only, of his or her active controlled substances
11    license under the Illinois Controlled Substances Act and
12    indication of specialty or primary area of clinical
13    practice, if any;
14        (3) the qualifying patient's debilitating medical
15    condition;
16        (4) a statement that the certifying health care
17    professional physician has confirmed a diagnosis of a
18    debilitating condition; is treating or managing treatment
19    of the patient's debilitating condition; has a bona fide
20    health care professional-patient physician-patient
21    relationship; has conducted an in-person physical
22    examination; and has conducted a review of the patient's
23    medical history, including reviewing medical records from
24    other treating health care professionals physicians, if
25    any, from the previous 12 months;
26        (5) the certifying health care professional's

 

 

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1    physician's signature and date of certification; and
2        (6) a statement that a participant in possession of a
3    written certification indicating a debilitating medical
4    condition shall not be considered an unlawful user or
5    addicted to narcotics solely as a result of his or her
6    pending application to or participation in the
7    Compassionate Use of Medical Cannabis Pilot Program.
8    (b) A written certification does not constitute a
9prescription for medical cannabis.
10    (c) Applications for qualifying patients under 18 years old
11shall require a written certification from a certifying health
12care professional physician and a reviewing certifying health
13care professional physician.
14    (d) A certification confirming the patient's eligibility
15to participate in the Opioid Alternative Pilot Program shall be
16written on a form provided by the Department of Public Health
17and shall include, at a minimum, the following:
18        (1) the participant's name, date of birth, home
19    address, and primary telephone number;
20        (2) the certifying health care professional's
21    physician's name, address, telephone number, email
22    address, and medical, advance practice registered nurse,
23    or physician assistant license number, and the last 4
24    digits, only, of his or her active controlled substances
25    license under the Illinois Controlled Substances Act and
26    indication of specialty or primary area of clinical

 

 

10100SB2023ham001- 134 -LRB101 09588 RLC 61491 a

1    practice, if any;
2        (3) the certifying health care professional's
3    physician's signature and date;
4        (4) the length of participation in the program, which
5    shall be limited to no more than 90 days;
6        (5) a statement identifying the patient has been
7    diagnosed with and is currently undergoing treatment for a
8    medical condition where an opioid has been or could be
9    prescribed; and
10        (6) a statement that a participant in possession of a
11    written certification indicating eligibility to
12    participate in the Opioid Alternative Pilot Program shall
13    not be considered an unlawful user or addicted to narcotics
14    solely as a result of his or her eligibility or
15    participation in the program.
16    (e) The Department of Public Health may provide a single
17certification form for subsections (a) and (d) of this Section,
18provided that all requirements of those subsections are
19included on the form.
20    (f) The Department of Public Health shall not include the
21word "cannabis" on any application forms or written
22certification forms that it issues under this Section.
23    (g) A written certification does not constitute a
24prescription.
25    (h) It is unlawful for any person to knowingly submit a
26fraudulent certification to be a qualifying patient in the

 

 

10100SB2023ham001- 135 -LRB101 09588 RLC 61491 a

1Compassionate Use of Medical Cannabis Pilot Program or an
2Opioid Alternative Pilot Program participant. A violation of
3this subsection shall result in the person who has knowingly
4submitted the fraudulent certification being permanently
5banned from participating in the Compassionate Use of Medical
6Cannabis Pilot Program or the Opioid Alternative Pilot Program.
7(Source: P.A. 100-1114, eff. 8-28-18.)
 
8    (410 ILCS 130/40)
9    (Section scheduled to be repealed on July 1, 2020)
10    Sec. 40. Discrimination prohibited.
11    (a)(1) No school, employer, or landlord may refuse to
12enroll or lease to, or otherwise penalize, a person solely for
13his or her status as a registered qualifying patient or a
14registered designated caregiver, unless failing to do so would
15put the school, employer, or landlord in violation of federal
16law or unless failing to do so would cause it to lose a
17monetary or licensing-related benefit under federal law or
18rules. This does not prevent a landlord from prohibiting the
19smoking of cannabis on the premises.
20    (2) For the purposes of medical care, including organ
21transplants, a registered qualifying patient's authorized use
22of cannabis in accordance with this Act is considered the
23equivalent of the authorized use of any other medication used
24at the direction of a certifying health care professional
25physician, and may not constitute the use of an illicit

 

 

10100SB2023ham001- 136 -LRB101 09588 RLC 61491 a

1substance or otherwise disqualify a qualifying patient from
2needed medical care.
3    (b) A person otherwise entitled to custody of or visitation
4or parenting time with a minor may not be denied that right,
5and there is no presumption of neglect or child endangerment,
6for conduct allowed under this Act, unless the person's actions
7in relation to cannabis were such that they created an
8unreasonable danger to the safety of the minor as established
9by clear and convincing evidence.
10    (c) No school, landlord, or employer may be penalized or
11denied any benefit under State law for enrolling, leasing to,
12or employing a cardholder.
13    (d) Nothing in this Act may be construed to require a
14government medical assistance program, employer, property and
15casualty insurer, or private health insurer to reimburse a
16person for costs associated with the medical use of cannabis.
17    (e) Nothing in this Act may be construed to require any
18person or establishment in lawful possession of property to
19allow a guest, client, customer, or visitor who is a registered
20qualifying patient to use cannabis on or in that property.
21(Source: P.A. 98-122, eff. 1-1-14; 99-31, eff. 1-1-16.)
 
22    (410 ILCS 130/45)
23    (Section scheduled to be repealed on July 1, 2020)
24    Sec. 45. Addition of debilitating medical conditions.
25    (a) Any resident may petition the Department of Public

 

 

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1Health to add debilitating conditions or treatments to the list
2of debilitating medical conditions listed in subsection (h) of
3Section 10. The Department shall approve or deny a petition
4within 180 days of its submission, and, upon approval, shall
5proceed to add that condition by rule in accordance with the
6Illinois Administrative Procedure Act. The approval or denial
7of any petition is a final decision of the Department, subject
8to judicial review. Jurisdiction and venue are vested in the
9Circuit Court.
10    (b) The Department shall accept petitions once annually for
11a one-month period determined by the Department. During the
12open period, the Department shall accept petitions from any
13resident requesting the addition of a new debilitating medical
14condition or disease to the list of approved debilitating
15medical conditions for which the use of cannabis has been shown
16to have a therapeutic or palliative effect. The Department
17shall provide public notice 30 days before the open period for
18accepting petitions, which shall describe the time period for
19submission, the required format of the submission, and the
20submission address.
21    (c) Each petition shall be limited to one proposed
22debilitating medical condition or disease.
23    (d) A petitioner shall file one original petition in the
24format provided by the Department and in the manner specified
25by the Department. For a petition to be processed and reviewed,
26the following information shall be included:

 

 

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1        (1) The petition, prepared on forms provided by the
2    Department, in the manner specified by the Department.
3        (2) A specific description of the medical condition or
4    disease that is the subject of the petition. Each petition
5    shall be limited to a single condition or disease.
6    Information about the proposed condition or disease shall
7    include:
8            (A) the extent to which the condition or disease
9        itself or the treatments cause severe suffering, such
10        as severe or chronic pain, severe nausea or vomiting,
11        or otherwise severely impair a person's ability to
12        conduct activities of daily living;
13            (B) information about why conventional medical
14        therapies are not sufficient to alleviate the
15        suffering caused by the disease or condition and its
16        treatment;
17            (C) the proposed benefits from the medical use of
18        cannabis specific to the medical condition or disease;
19            (D) evidence from the medical community and other
20        experts supporting the use of medical cannabis to
21        alleviate suffering caused by the condition, disease,
22        or treatment;
23            (E) letters of support from physicians or other
24        licensed health care providers knowledgeable about the
25        condition or disease, including, if feasible, a letter
26        from a physician, advanced practice registered nurse,

 

 

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1        or physician assistant with whom the petitioner has a
2        bona fide health care professional-patient
3        physician-patient relationship;
4            (F) any additional medical, testimonial, or
5        scientific documentation; and
6            (G) an electronic copy of all materials submitted.
7        (3) Upon receipt of a petition, the Department shall:
8            (A) determine whether the petition meets the
9        standards for submission and, if so, shall accept the
10        petition for further review; or
11            (B) determine whether the petition does not meet
12        the standards for submission and, if so, shall deny the
13        petition without further review.
14        (4) If the petition does not fulfill the standards for
15    submission, the petition shall be considered deficient.
16    The Department shall notify the petitioner, who may correct
17    any deficiencies and resubmit the petition during the next
18    open period.
19    (e) The petitioner may withdraw his or her petition by
20submitting a written statement to the Department indicating
21withdrawal.
22    (f) Upon review of accepted petitions, the Director shall
23render a final decision regarding the acceptance or denial of
24the proposed debilitating medical conditions or diseases.
25    (g) The Department shall convene a Medical Cannabis
26Advisory Board (Advisory Board) composed of 16 members, which

 

 

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1shall include:
2        (1) one medical cannabis patient advocate or
3    designated caregiver;
4        (2) one parent or designated caregiver of a person
5    under the age of 18 who is a qualified medical cannabis
6    patient;
7        (3) two registered nurses or nurse practitioners;
8        (4) three registered qualifying patients, including
9    one veteran; and
10        (5) nine health care practitioners with current
11    professional licensure in their field. The Advisory Board
12    shall be composed of health care practitioners
13    representing the following areas:
14            (A) neurology;
15            (B) pain management;
16            (C) medical oncology;
17            (D) psychiatry or mental health;
18            (E) infectious disease;
19            (F) family medicine;
20            (G) general primary care;
21            (H) medical ethics;
22            (I) pharmacy;
23            (J) pediatrics; or
24            (K) psychiatry or mental health for children or
25        adolescents.
26    At least one appointed health care practitioner shall have

 

 

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1direct experience related to the health care needs of veterans
2and at least one individual shall have pediatric experience.
3    (h) Members of the Advisory Board shall be appointed by the
4Governor.
5        (1) Members shall serve a term of 4 years or until a
6    successor is appointed and qualified. If a vacancy occurs,
7    the Governor shall appoint a replacement to complete the
8    original term created by the vacancy.
9        (2) The Governor shall select a chairperson.
10        (3) Members may serve multiple terms.
11        (4) Members shall not have an affiliation with, serve
12    on the board of, or have a business relationship with a
13    registered cultivation center or a registered medical
14    cannabis dispensary.
15        (5) Members shall disclose any real or apparent
16    conflicts of interest that may have a direct bearing of the
17    subject matter, such as relationships with pharmaceutical
18    companies, biomedical device manufacturers, or
19    corporations whose products or services are related to the
20    medical condition or disease to be reviewed.
21        (6) Members shall not be paid but shall be reimbursed
22    for travel expenses incurred while fulfilling the
23    responsibilities of the Advisory Board.
24    (i) On June 30, 2016 (the effective date of Public Act
2599-519), the terms of office of the members of the Advisory
26Board serving on that date shall terminate and the Board shall

 

 

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1be reconstituted.
2    (j) The Advisory Board shall convene at the call of the
3Chair:
4        (1) to examine debilitating conditions or diseases
5    that would benefit from the medical use of cannabis; and
6        (2) to review new medical and scientific evidence
7    pertaining to currently approved conditions.
8    (k) The Advisory Board shall issue an annual report of its
9activities each year.
10    (l) The Advisory Board shall receive administrative
11support from the Department.
12(Source: P.A. 99-519, eff. 6-30-16; 99-642, eff. 7-28-16;
13100-201, eff. 8-18-17.)
 
14    (410 ILCS 130/55)
15    (Section scheduled to be repealed on July 1, 2020)
16    Sec. 55. Registration of qualifying patients and
17designated caregivers.
18    (a) The Department of Public Health shall issue registry
19identification cards to qualifying patients and designated
20caregivers who submit a completed application, and at minimum,
21the following, in accordance with Department of Public Health
22rules:
23        (1) A written certification, on a form developed by the
24    Department of Public Health consistent with Section 36 and
25    issued by a certifying health care professional physician,

 

 

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1    within 90 days immediately preceding the date of an
2    application and submitted by the qualifying patient or his
3    or her designated caregiver;
4        (2) upon the execution of applicable privacy waivers,
5    the patient's medical documentation related to his or her
6    debilitating condition and any other information that may
7    be reasonably required by the Department of Public Health
8    to confirm that the certifying health care professional
9    physician and patient have a bona fide health care
10    professional-patient physician-patient relationship, that
11    the qualifying patient is in the certifying health care
12    professional's physician's care for his or her
13    debilitating medical condition, and to substantiate the
14    patient's diagnosis;
15        (3) the application or renewal fee as set by rule;
16        (4) the name, address, date of birth, and social
17    security number of the qualifying patient, except that if
18    the applicant is homeless no address is required;
19        (5) the name, address, and telephone number of the
20    qualifying patient's certifying health care professional
21    physician;
22        (6) the name, address, and date of birth of the
23    designated caregiver, if any, chosen by the qualifying
24    patient;
25        (7) the name of the registered medical cannabis
26    dispensing organization the qualifying patient designates;

 

 

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

 

 

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

 

 

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1state that no person or business may charge a fee for
2assistance in the preparation, compilation, or submission of an
3application to the Compassionate Use of Medical Cannabis Pilot
4Program or the Opioid Alternative Pilot Program.
5(Source: P.A. 100-1114, eff. 8-28-18.)
 
6    (410 ILCS 130/57)
7    (Section scheduled to be repealed on July 1, 2020)
8    Sec. 57. Qualifying patients under 18.
9    (a) Qualifying patients that are under the age of 18 years
10shall not be prohibited from appointing up to 3 having 2
11designated caregivers as follows: if both biological parents or
122 legal guardians of a qualifying patient under 18 both have
13significant decision-making responsibilities over the
14qualifying patient, then both may serve as a designated
15caregiver if they otherwise meet the definition of "designated
16caregiver" under Section 10; however, if only one biological
17parent or legal guardian has significant decision-making
18responsibilities for the qualifying patient under 18, then he
19or she may appoint a second designated caregivers caregiver who
20meet meets the definition of "designated caregiver" under
21Section 10 so long as at least one designated caregiver is a
22biological parent or legal guardian.
23    (b) Qualifying patients that are 18 years of age or older
24shall not be prohibited from appointing up to 3 designated
25caregivers who meet the definition of "designated caregiver"

 

 

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1under Section 10.
2(Source: P.A. 99-519, eff. 6-30-16.)
 
3    (410 ILCS 130/60)
4    (Section scheduled to be repealed on July 1, 2020)
5    Sec. 60. Issuance of registry identification cards.
6    (a) Except as provided in subsection (b), the Department of
7Public Health shall:
8        (1) verify the information contained in an application
9    or renewal for a registry identification card submitted
10    under this Act, and approve or deny an application or
11    renewal, within 90 days of receiving a completed
12    application or renewal application and all supporting
13    documentation specified in Section 55;
14        (2) issue registry identification cards to a
15    qualifying patient and his or her designated caregiver, if
16    any, within 15 business days of approving the application
17    or renewal;
18        (3) enter the registry identification number of the
19    registered dispensing organization the patient designates
20    into the verification system; and
21        (4) allow for an electronic application process, and
22    provide a confirmation by electronic or other methods that
23    an application has been submitted.
24    Notwithstanding any other provision of this Act, the
25Department of Public Health shall adopt rules for qualifying

 

 

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1patients and applicants with life-long debilitating medical
2conditions, who may be charged annual renewal fees. The
3Department of Public Health shall not require patients and
4applicants with life-long debilitating medical conditions to
5apply to renew registry identification cards.
6    (b) The Department of Public Health may not issue a
7registry identification card to a qualifying patient who is
8under 18 years of age, unless that patient suffers from
9seizures, including those characteristic of epilepsy, or as
10provided by administrative rule. The Department of Public
11Health shall adopt rules for the issuance of a registry
12identification card for qualifying patients who are under 18
13years of age and suffering from seizures, including those
14characteristic of epilepsy. The Department of Public Health may
15adopt rules to allow other individuals under 18 years of age to
16become registered qualifying patients under this Act with the
17consent of a parent or legal guardian. Registered qualifying
18patients under 21 18 years of age shall be prohibited from
19consuming forms of cannabis other than medical cannabis infused
20products and purchasing any usable cannabis or paraphernalia
21used for smoking or vaping medical cannabis.
22    (c) A veteran who has received treatment at a VA hospital
23is deemed to have a bona fide health care professional-patient
24physician-patient relationship with a VA certifying health
25care professional physician if the patient has been seen for
26his or her debilitating medical condition at the VA hospital in

 

 

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1accordance with VA hospital protocols. All reasonable
2inferences regarding the existence of a bona fide health care
3professional-patient physician-patient relationship shall be
4drawn in favor of an applicant who is a veteran and has
5undergone treatment at a VA hospital.
6    (c-10) An individual who submits an application as someone
7who is terminally ill shall have all fees waived. The
8Department of Public Health shall within 30 days after this
9amendatory Act of the 99th General Assembly adopt emergency
10rules to expedite approval for terminally ill individuals.
11These rules shall include, but not be limited to, rules that
12provide that applications by individuals with terminal
13illnesses shall be approved or denied within 14 days of their
14submission.
15    (d) Upon the approval of the registration and issuance of a
16registry card under this Section, the Department of Public
17Health shall forward the designated caregiver or registered
18qualified patient's driver's registration number to the
19Secretary of State and certify that the individual is permitted
20to engage in the medical use of cannabis. For the purposes of
21law enforcement, the Secretary of State shall make a notation
22on the person's driving record stating the person is a
23registered qualifying patient who is entitled to the lawful
24medical use of cannabis. If the person no longer holds a valid
25registry card, the Department shall notify the Secretary of
26State and the Secretary of State shall remove the notation from

 

 

10100SB2023ham001- 150 -LRB101 09588 RLC 61491 a

1the person's driving record. The Department and the Secretary
2of State may establish a system by which the information may be
3shared electronically.
4    (e) Upon the approval of the registration and issuance of a
5registry card under this Section, the Department of Public
6Health shall electronically forward the registered qualifying
7patient's identification card information to the Prescription
8Monitoring Program established under the Illinois Controlled
9Substances Act and certify that the individual is permitted to
10engage in the medical use of cannabis. For the purposes of
11patient care, the Prescription Monitoring Program shall make a
12notation on the person's prescription record stating that the
13person is a registered qualifying patient who is entitled to
14the lawful medical use of cannabis. If the person no longer
15holds a valid registry card, the Department of Public Health
16shall notify the Prescription Monitoring Program and
17Department of Human Services to remove the notation from the
18person's record. The Department of Human Services and the
19Prescription Monitoring Program shall establish a system by
20which the information may be shared electronically. This
21confidential list may not be combined or linked in any manner
22with any other list or database except as provided in this
23Section.
24    (f) (Blank).
25(Source: P.A. 99-519, eff. 6-30-16; 100-1114, eff. 8-28-18.)
 

 

 

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1    (410 ILCS 130/62)
2    Sec. 62. Opioid Alternative Pilot Program.
3    (a) The Department of Public Health shall establish the
4Opioid Alternative Pilot Program. Licensed dispensing
5organizations shall allow persons with a written certification
6from a certifying health care professional licensed physician
7under Section 36 to purchase medical cannabis upon enrollment
8in the Opioid Alternative Pilot Program. The Department of
9Public Health shall adopt rules or establish procedures
10allowing qualified veterans to participate in the Opioid
11Alternative Pilot Program. For a person to receive medical
12cannabis under this Section, the person must present the
13written certification along with a valid driver's license or
14state identification card to the licensed dispensing
15organization specified in his or her application. The
16dispensing organization shall verify the person's status as an
17Opioid Alternative Pilot Program participant through the
18Department of Public Health's online verification system.
19    (b) The Opioid Alternative Pilot Program shall be limited
20to participation by Illinois residents age 21 and older.
21    (c) The Department of Financial and Professional
22Regulation shall specify that all licensed dispensing
23organizations participating in the Opioid Alternative Pilot
24Program use the Illinois Cannabis Tracking System. The
25Department of Public Health shall establish and maintain the
26Illinois Cannabis Tracking System. The Illinois Cannabis

 

 

10100SB2023ham001- 152 -LRB101 09588 RLC 61491 a

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

 

 

10100SB2023ham001- 153 -LRB101 09588 RLC 61491 a

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

 

 

10100SB2023ham001- 154 -LRB101 09588 RLC 61491 a

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

 

 

10100SB2023ham001- 155 -LRB101 09588 RLC 61491 a

1medical condition under this Act and shall be provided access
2to medical cannabis solely for the duration of the
3participant's certification. Nothing in this Section shall be
4construed to limit or prohibit an Opioid Alternative Pilot
5Program participant who has a debilitating medical condition
6from applying to the Compassionate Use of Medical Cannabis
7Pilot Program.
8    (g) A person with a provisional registration under Section
955 shall not be considered an Opioid Alternative Pilot Program
10participant.
11    (h) The Department of Financial and Professional
12Regulation and the Department of Public Health shall submit
13emergency rulemaking to implement the changes made by this
14amendatory Act of the 100th General Assembly by December 1,
152018. The Department of Financial and Professional Regulation,
16the Department of Agriculture, the Department of Human
17Services, the Department of Public Health, and the Illinois
18State Police shall utilize emergency purchase authority for 12
19months after the effective date of this amendatory Act of the
20100th General Assembly for the purpose of implementing the
21changes made by this amendatory Act of the 100th General
22Assembly.
23    (i) Dispensing organizations are not authorized to
24dispense medical cannabis to Opioid Alternative Pilot Program
25participants until administrative rules are approved by the
26Joint Committee on Administrative Rules and go into effect.

 

 

10100SB2023ham001- 156 -LRB101 09588 RLC 61491 a

1    (j) The provisions of this Section are inoperative on and
2after July 1, 2020.
3(Source: P.A. 100-1114, eff. 8-28-18.)
 
4    (410 ILCS 130/75)
5    (Section scheduled to be repealed on July 1, 2020)
6    Sec. 75. Notifications to Department of Public Health and
7responses; civil penalty.
8    (a) The following notifications and Department of Public
9Health responses are required:
10        (1) A registered qualifying patient shall notify the
11    Department of Public Health of any change in his or her
12    name or address, or if the registered qualifying patient
13    ceases to have his or her debilitating medical condition,
14    within 10 days of the change.
15        (2) A registered designated caregiver shall notify the
16    Department of Public Health of any change in his or her
17    name or address, or if the designated caregiver becomes
18    aware the registered qualifying patient passed away,
19    within 10 days of the change.
20        (3) Before a registered qualifying patient changes his
21    or her designated caregiver, the qualifying patient must
22    notify the Department of Public Health.
23        (4) If a cardholder loses his or her registry
24    identification card, he or she shall notify the Department
25    within 10 days of becoming aware the card has been lost.

 

 

10100SB2023ham001- 157 -LRB101 09588 RLC 61491 a

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

 

 

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1of Public Health shall provide for immediate changes of a
2registered qualifying patient's designated registered
3dispensing organization. Registered dispensing organizations
4must comply with all requirements of this Act.
5    (f) If the registered qualifying patient's certifying
6certifying health care professional physician notifies the
7Department in writing that either the registered qualifying
8patient has ceased to suffer from a debilitating medical
9condition, that the bona fide health care professional-patient
10physician-patient relationship has terminated, or that
11continued use of medical cannabis would result in
12contraindication with the patient's other medication, the card
13shall become null and void. However, the registered qualifying
14patient shall have 15 days to destroy his or her remaining
15medical cannabis and related paraphernalia.
16(Source: P.A. 99-519, eff. 6-30-16; 100-1114, eff. 8-28-18.)
 
17    (410 ILCS 130/105)
18    (Section scheduled to be repealed on July 1, 2020)
19    Sec. 105. Requirements; prohibitions; penalties for
20cultivation centers.
21    (a) The operating documents of a registered cultivation
22center shall include procedures for the oversight of the
23cultivation center, a cannabis plant monitoring system
24including a physical inventory recorded weekly, a cannabis
25container system including a physical inventory recorded

 

 

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1weekly, accurate record keeping, and a staffing plan.
2    (b) A registered cultivation center shall implement a
3security plan reviewed by the State Police and including but
4not limited to: facility access controls, perimeter intrusion
5detection systems, personnel identification systems, 24-hour
6surveillance system to monitor the interior and exterior of the
7registered cultivation center facility and accessible to
8authorized law enforcement and the Department of Agriculture in
9real-time.
10    (c) A registered cultivation center may not be located
11within 2,500 feet of the property line of a pre-existing public
12or private preschool or elementary or secondary school or day
13care center, day care home, group day care home, part day child
14care facility, or an area zoned for residential use.
15    (d) All cultivation of cannabis for distribution to a
16registered dispensing organization must take place in an
17enclosed, locked facility as it applies to cultivation centers
18at the physical address provided to the Department of
19Agriculture during the registration process. The cultivation
20center location shall only be accessed by the cultivation
21center agents working for the registered cultivation center,
22Department of Agriculture staff performing inspections,
23Department of Public Health staff performing inspections, law
24enforcement or other emergency personnel, and contractors
25working on jobs unrelated to medical cannabis, such as
26installing or maintaining security devices or performing

 

 

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1electrical wiring.
2    (e) A cultivation center may not sell or distribute any
3cannabis to any individual or entity other than another
4cultivation center, a dispensing organization registered under
5this Act, or a laboratory licensed by the Department of
6Agriculture a dispensary organization registered under this
7Act.
8    (f) All harvested cannabis intended for distribution to a
9dispensing organization must be packaged in a labeled medical
10cannabis container and entered into a data collection system.
11    (g) No person who has been convicted of an excluded offense
12may be a cultivation center agent.
13    (h) Registered cultivation centers are subject to random
14inspection by the State Police.
15    (i) Registered cultivation centers are subject to random
16inspections by the Department of Agriculture and the Department
17of Public Health.
18    (j) A cultivation center agent shall notify local law
19enforcement, the State Police, and the Department of
20Agriculture within 24 hours of the discovery of any loss or
21theft. Notification shall be made by phone or in-person, or by
22written or electronic communication.
23    (k) A cultivation center shall comply with all State and
24federal rules and regulations regarding the use of pesticides.
25(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
 

 

 

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1    (410 ILCS 130/115)
2    (Section scheduled to be repealed on July 1, 2020)
3    Sec. 115. Registration of dispensing organizations.
4    (a) The Department of Financial and Professional
5Regulation may issue up to 60 dispensing organization
6registrations for operation. The Department of Financial and
7Professional Regulation may not issue less than the 60
8registrations if there are qualified applicants who have
9applied with the Department of Financial and Professional
10Regulation. The organizations shall be geographically
11dispersed throughout the State to allow all registered
12qualifying patients reasonable proximity and access to a
13dispensing organization.
14    (a-5) For any dispensing organization registered on or
15after July 1, 2019, the Department of Financial and
16Professional Regulation shall award not less than 20% of all
17available points to applicants that qualify as Social Equity
18Applicants. For purposes of this Section:
19    "Disproportionately Impacted Area" means a census tract or
20comparable geographic area that satisfies the following
21criteria as determined by the Department of Commerce and
22Economic Opportunity, that:
23        (1) meets at least one of the following criteria:
24            (A) the area has a poverty rate of at least 20%
25        according to the latest federal decennial census; or
26            (B) 75% or more of the children in the area

 

 

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1        participate in the federal free lunch program
2        according to reported statistics from the State Board
3        of Education; or
4            (C) at least 20% of the households in the area
5        receive assistance under the Supplemental Nutrition
6        Assistance Program; or
7            (D) the area has an average unemployment rate, as
8        determined by the Illinois Department of Employment
9        Security, that is more than 120% of the national
10        unemployment average, as determined by the United
11        States Department of Labor, for a period of at least 2
12        consecutive calendar years preceding the date of the
13        application; and
14        (2) has high rates of arrest, conviction, and
15    incarceration related to sale, possession, use,
16    cultivation, manufacture, or transport of cannabis.
17    "Social Equity Applicant" means an applicant that is an
18Illinois resident that meets one of the following criteria:
19        (1) an applicant with at least 51% ownership and
20    control by one or more individuals who have resided for at
21    least 5 of the preceding 10 years in a Disproportionately
22    Impacted Area;
23        (2) an applicant with at least 51% of ownership and
24    control by one or more individuals who have been arrested
25    for, convicted of, or adjudicated delinquent for any
26    offense that is eligible for expungement or member of an

 

 

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1    impacted family;
2        (3) for applicants with a minimum of 10 full-time
3    employees, an applicant with at least 51% of current
4    employees who:
5            (A) currently reside in a Disproportionately
6        Impacted Area; or
7            (B) have been arrested for, convicted of, or
8        adjudicated delinquent for any offense that is
9        eligible for expungement or member of an impacted
10        family.
11    (b) A dispensing organization may only operate if it has
12been issued a registration from the Department of Financial and
13Professional Regulation. The Department of Financial and
14Professional Regulation shall adopt rules establishing the
15procedures for applicants for dispensing organizations.
16    (c) When applying for a dispensing organization
17registration, the applicant shall submit, at a minimum, the
18following in accordance with Department of Financial and
19Professional Regulation rules:
20        (1) a non-refundable application fee established by
21    rule;
22        (2) the proposed legal name of the dispensing
23    organization;
24        (3) the proposed physical address of the dispensing
25    organization;
26        (4) the name, address, and date of birth of each

 

 

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

 

 

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1deposited in the State Police Services Fund and shall not
2exceed the actual cost of the record check. Each person
3applying as a dispensing organization agent shall submit a full
4set of fingerprints to the Department of State Police for the
5purpose of obtaining a State and federal criminal records
6check. These fingerprints shall be checked against the
7fingerprint records now and hereafter, to the extent allowed by
8law, filed in the Department of State Police and Federal Bureau
9of Investigation criminal history records databases. The
10Department of State Police shall furnish, following positive
11identification, all Illinois conviction information to the
12Department of Financial and Professional Regulation.
13    (e) A dispensing organization must pay a registration fee
14set by the Department of Financial and Professional Regulation.
15    (f) An application for a medical cannabis dispensing
16organization registration must be denied if any of the
17following conditions are met:
18        (1) the applicant failed to submit the materials
19    required by this Section, including if the applicant's
20    plans do not satisfy the security, oversight, or
21    recordkeeping rules issued by the Department of Financial
22    and Professional Regulation;
23        (2) the applicant would not be in compliance with local
24    zoning rules issued in accordance with Section 140;
25        (3) the applicant does not meet the requirements of
26    Section 130;

 

 

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1        (4) one or more of the prospective principal officers
2    or board members has been convicted of an excluded offense;
3        (5) one or more of the prospective principal officers
4    or board members has served as a principal officer or board
5    member for a registered medical cannabis dispensing
6    organization that has had its registration revoked; and
7        (6) one or more of the principal officers or board
8    members is under 21 years of age. ; and
9        (7) one or more of the principal officers or board
10    members is a registered qualified patient or a registered
11    caregiver.
12(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
 
13    (410 ILCS 130/130)
14    (Section scheduled to be repealed on July 1, 2020)
15    Sec. 130. Requirements; prohibitions; penalties;
16dispensing organizations.
17    (a) The Department of Financial and Professional
18Regulation shall implement the provisions of this Section by
19rule.
20    (b) A dispensing organization shall maintain operating
21documents which shall include procedures for the oversight of
22the registered dispensing organization and procedures to
23ensure accurate recordkeeping.
24    (c) A dispensing organization shall implement appropriate
25security measures, as provided by rule, to deter and prevent

 

 

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1the theft of cannabis and unauthorized entrance into areas
2containing cannabis.
3    (d) A dispensing organization may not be located within
41,000 feet of the property line of a pre-existing public or
5private preschool or elementary or secondary school or day care
6center, day care home, group day care home, or part day child
7care facility. A registered dispensing organization may not be
8located in a house, apartment, condominium, or an area zoned
9for residential use. This subsection shall not apply to any
10dispensing organizations registered on or after July 1, 2019.
11    (e) A dispensing organization is prohibited from acquiring
12cannabis from anyone other than a registered cultivation
13center. A dispensing organization is prohibited from obtaining
14cannabis from outside the State of Illinois.
15    (f) A registered dispensing organization is prohibited
16from dispensing cannabis for any purpose except to assist
17registered qualifying patients with the medical use of cannabis
18directly or through the qualifying patients' designated
19caregivers.
20    (g) The area in a dispensing organization where medical
21cannabis is stored can only be accessed by dispensing
22organization agents working for the dispensing organization,
23Department of Financial and Professional Regulation staff
24performing inspections, law enforcement or other emergency
25personnel, and contractors working on jobs unrelated to medical
26cannabis, such as installing or maintaining security devices or

 

 

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1performing electrical wiring.
2    (h) A dispensing organization may not dispense more than
32.5 ounces of cannabis to a registered qualifying patient,
4directly or via a designated caregiver, in any 14-day period
5unless the qualifying patient has a Department of Public
6Health-approved quantity waiver. Any Department of Public
7Health-approved quantity waiver process must be made available
8to qualified veterans.
9    (i) Except as provided in subsection (i-5), before medical
10cannabis may be dispensed to a designated caregiver or a
11registered qualifying patient, a dispensing organization agent
12must determine that the individual is a current cardholder in
13the verification system and must verify each of the following:
14        (1) that the registry identification card presented to
15    the registered dispensing organization is valid;
16        (2) that the person presenting the card is the person
17    identified on the registry identification card presented
18    to the dispensing organization agent;
19        (3) that the dispensing organization is the designated
20    dispensing organization for the registered qualifying
21    patient who is obtaining the cannabis directly or via his
22    or her designated caregiver; and
23        (4) that the registered qualifying patient has not
24    exceeded his or her adequate supply.
25    (i-5) A dispensing organization may dispense medical
26cannabis to an Opioid Alternative Pilot Program participant

 

 

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1under Section 62 and to a person presenting proof of
2provisional registration under Section 55. Before dispensing
3medical cannabis, the dispensing organization shall comply
4with the requirements of Section 62 or Section 55, whichever is
5applicable, and verify the following:
6        (1) that the written certification presented to the
7    registered dispensing organization is valid and an
8    original document;
9        (2) that the person presenting the written
10    certification is the person identified on the written
11    certification; and
12        (3) that the participant has not exceeded his or her
13    adequate supply.
14    (j) Dispensing organizations shall ensure compliance with
15this limitation by maintaining internal, confidential records
16that include records specifying how much medical cannabis is
17dispensed to the registered qualifying patient and whether it
18was dispensed directly to the registered qualifying patient or
19to the designated caregiver. Each entry must include the date
20and time the cannabis was dispensed. Additional recordkeeping
21requirements may be set by rule.
22    (k) The health care professional-patient physician-patient
23privilege as set forth by Section 8-802 of the Code of Civil
24Procedure shall apply between a qualifying patient and a
25registered dispensing organization and its agents with respect
26to communications and records concerning qualifying patients'

 

 

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1debilitating conditions.
2    (l) A dispensing organization may not permit any person to
3consume cannabis on the property of a medical cannabis
4organization.
5    (m) A dispensing organization may not share office space
6with or refer patients to a certifying health care professional
7physician.
8    (n) Notwithstanding any other criminal penalties related
9to the unlawful possession of cannabis, the Department of
10Financial and Professional Regulation may revoke, suspend,
11place on probation, reprimand, refuse to issue or renew, or
12take any other disciplinary or non-disciplinary action as the
13Department of Financial and Professional Regulation may deem
14proper with regard to the registration of any person issued
15under this Act to operate a dispensing organization or act as a
16dispensing organization agent, including imposing fines not to
17exceed $10,000 for each violation, for any violations of this
18Act and rules adopted in accordance with this Act. The
19procedures for disciplining a registered dispensing
20organization shall be determined by rule. All final
21administrative decisions of the Department of Financial and
22Professional Regulation are subject to judicial review under
23the Administrative Review Law and its rules. The term
24"administrative decision" is defined as in Section 3-101 of the
25Code of Civil Procedure.
26    (o) Dispensing organizations are subject to random

 

 

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1inspection and cannabis testing by the Department of Financial
2and Professional Regulation and State Police as provided by
3rule.
4    (p) The Department of Financial and Professional
5Regulation shall adopt rules permitting returns, and potential
6refunds, for damaged or inadequate products.
7    (q) The Department of Financial and Professional
8Regulation may issue nondisciplinary citations for minor
9violations which may be accompanied by a civil penalty not to
10exceed $10,000 per violation. The penalty shall be a civil
11penalty or other condition as established by rule. The citation
12shall be issued to the licensee and shall contain the
13licensee's name, address, and license number, a brief factual
14statement, the Sections of the law or rule allegedly violated,
15and the civil penalty, if any, imposed. The citation must
16clearly state that the licensee may choose, in lieu of
17accepting the citation, to request a hearing. If the licensee
18does not dispute the matter in the citation with the Department
19of Financial and Professional Regulation within 30 days after
20the citation is served, then the citation shall become final
21and shall not be subject to appeal.
22(Source: P.A. 100-1114, eff. 8-28-18.)
 
23    (410 ILCS 130/145)
24    (Section scheduled to be repealed on July 1, 2020)
25    Sec. 145. Confidentiality.

 

 

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1    (a) The following information received and records kept by
2the Department of Public Health, Department of Financial and
3Professional Regulation, Department of Agriculture, or
4Department of State Police for purposes of administering this
5Act are subject to all applicable federal privacy laws,
6confidential, and exempt from the Freedom of Information Act,
7and not subject to disclosure to any individual or public or
8private entity, except as necessary for authorized employees of
9those authorized agencies to perform official duties under this
10Act and the following information received and records kept by
11Department of Public Health, Department of Agriculture,
12Department of Financial and Professional Regulation, and
13Department of State Police, excluding any existing or
14non-existing Illinois or national criminal history record
15information as defined in subsection (d), may be disclosed to
16each other upon request:
17        (1) Applications and renewals, their contents, and
18    supporting information submitted by qualifying patients
19    and designated caregivers, including information regarding
20    their designated caregivers and certifying health care
21    professionals physicians.
22        (2) Applications and renewals, their contents, and
23    supporting information submitted by or on behalf of
24    cultivation centers and dispensing organizations in
25    compliance with this Act, including their physical
26    addresses.

 

 

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

 

 

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

 

 

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1    the rules issued under it.
2        (5) Each Department may verify registry identification
3    cards under Section 150.
4        (6) The submission of the report to the General
5    Assembly under Section 160.
6    (c) It is a Class B misdemeanor with a $1,000 fine for any
7person, including an employee or official of the Department of
8Public Health, Department of Financial and Professional
9Regulation, or Department of Agriculture or another State
10agency or local government, to breach the confidentiality of
11information obtained under this Act.
12    (d) The Department of Public Health, the Department of
13Agriculture, the Department of State Police, and the Department
14of Financial and Professional Regulation shall not share or
15disclose any existing or non-existing Illinois or national
16criminal history record information. For the purposes of this
17Section, "any existing or non-existing Illinois or national
18criminal history record information" means any Illinois or
19national criminal history record information, including but
20not limited to the lack of or non-existence of these records.
21(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
 
22    (410 ILCS 130/160)
23    (Section scheduled to be repealed on July 1, 2020)
24    Sec. 160. Annual reports. The Department of Public Health
25shall submit to the General Assembly a report, by September 30

 

 

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1of each year, that does not disclose any identifying
2information about registered qualifying patients, registered
3caregivers, or certifying health care professionals
4physicians, but does contain, at a minimum, all of the
5following information based on the fiscal year for reporting
6purposes:
7        (1) the number of applications and renewals filed for
8    registry identification cards or registrations;
9        (2) the number of qualifying patients and designated
10    caregivers served by each dispensary during the report
11    year;
12        (3) the nature of the debilitating medical conditions
13    of the qualifying patients;
14        (4) the number of registry identification cards or
15    registrations revoked for misconduct;
16        (5) the number of certifying health care professionals
17    physicians providing written certifications for qualifying
18    patients; and
19        (6) the number of registered medical cannabis
20    cultivation centers or registered dispensing
21    organizations;
22        (7) the number of Opioid Alternative Pilot Program
23    participants.
24(Source: P.A. 100-863, eff. 8-14-18; 100-1114, eff. 8-28-18.)
 
25    (410 ILCS 130/173 new)

 

 

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1    Sec. 173. Conflicts of law. To the extent that any
2provision of this Act conflicts with any Act that allows the
3recreational use of cannabis, the provisions of that Act shall
4control.
 
5    (410 ILCS 130/195)
6    (Section scheduled to be repealed on July 1, 2020)
7    Sec. 195. Definitions. For the purposes of this Law:
8    "Cultivation center" has the meaning ascribed to that term
9in the Compassionate Use of Medical Cannabis Pilot Program Act.
10    "Department" means the Department of Revenue.
11    "Dispensing organization" has the meaning ascribed to that
12term in the Compassionate Use of Medical Cannabis Pilot Program
13Act.
14    "Person" means an individual, partnership, corporation, or
15public or private organization.
16    "Qualifying patient" means a qualifying patient registered
17under the Compassionate Use of Medical Cannabis Pilot Program
18Act.
19(Source: P.A. 98-122, eff. 1-1-14.)
 
20    (410 ILCS 130/200)
21    (Section scheduled to be repealed on July 1, 2020)
22    Sec. 200. Tax imposed.
23    (a) Beginning on the effective date of this Act, a tax is
24imposed upon the privilege of cultivating medical cannabis at a

 

 

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1rate of 7% of the sales price per ounce. The proceeds from this
2tax shall be deposited into the Compassionate Use of Medical
3Cannabis Fund created under the Compassionate Use of Medical
4Cannabis Pilot Program Act. This tax shall be paid by a
5cultivation center and is not the responsibility of a
6dispensing organization or a qualifying patient.
7    (b) The tax imposed under this Act shall be in addition to
8all other occupation or privilege taxes imposed by the State of
9Illinois or by any municipal corporation or political
10subdivision thereof.
11(Source: P.A. 98-122, eff. 1-1-14.)
 
12    (410 ILCS 130/135 rep.)
13    (410 ILCS 130/220 rep.)
14    Section 60. The Compassionate Use of Medical Cannabis Pilot
15Program Act is amended by repealing Sections 135 and 220.
 
16    Section 65. The Illinois Vehicle Code is amended by
17changing Sections 2-118.2, 6-206.1, 11-501, and 11-501.9 as
18follows:
 
19    (625 ILCS 5/2-118.2)
20    Sec. 2-118.2. Opportunity for hearing; medical
21cannabis-related suspension under Section 11-501.9.
22    (a) A suspension of driving privileges under Section
2311-501.9 of this Code shall not become effective until the

 

 

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1person is notified in writing of the impending suspension and
2informed that he or she may request a hearing in the circuit
3court of venue under subsection (b) of this Section and the
4suspension shall become effective as provided in Section
511-501.9.
6    (b) Within 90 days after the notice of suspension served
7under Section 11-501.9, the person may make a written request
8for a judicial hearing in the circuit court of venue. The
9request to the circuit court shall state the grounds upon which
10the person seeks to have the suspension rescinded. Within 30
11days after receipt of the written request or the first
12appearance date on the Uniform Traffic Ticket issued for a
13violation of Section 11-501 of this Code, or a similar
14provision of a local ordinance, the hearing shall be conducted
15by the circuit court having jurisdiction. This judicial
16hearing, request, or process shall not stay or delay the
17suspension. The hearing shall proceed in the court in the same
18manner as in other civil proceedings.
19    The hearing may be conducted upon a review of the law
20enforcement officer's own official reports; provided however,
21that the person may subpoena the officer. Failure of the
22officer to answer the subpoena shall be considered grounds for
23a continuance if in the court's discretion the continuance is
24appropriate.
25    The scope of the hearing shall be limited to the issues of:
26        (1) Whether the person was issued a registry

 

 

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1    identification card under the Compassionate Use of Medical
2    Cannabis Pilot Program Act; and
3        (2) Whether the officer had reasonable suspicion to
4    believe that the person was driving or in actual physical
5    control of a motor vehicle upon a highway while impaired by
6    the use of cannabis; and
7        (3) Whether the person, after being advised by the
8    officer that the privilege to operate a motor vehicle would
9    be suspended if the person refused to submit to and
10    complete the field sobriety tests, did refuse to submit to
11    or complete the field sobriety tests authorized under
12    Section 11-501.9; and
13        (4) Whether the person after being advised by the
14    officer that the privilege to operate a motor vehicle would
15    be suspended if the person submitted to field sobriety
16    tests that disclosed the person was impaired by the use of
17    cannabis, did submit to field sobriety tests that disclosed
18    that the person was impaired by the use of cannabis.
19    Upon the conclusion of the judicial hearing, the circuit
20court shall sustain or rescind the suspension and immediately
21notify the Secretary of State. Reports received by the
22Secretary of State under this Section shall be privileged
23information and for use only by the courts, police officers,
24and Secretary of State.
25(Source: P.A. 98-1172, eff. 1-12-15.)
 

 

 

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1    (625 ILCS 5/6-206.1)  (from Ch. 95 1/2, par. 6-206.1)
2    Sec. 6-206.1. Monitoring Device Driving Permit.
3Declaration of Policy. It is hereby declared a policy of the
4State of Illinois that the driver who is impaired by alcohol,
5other drug or drugs, or intoxicating compound or compounds is a
6threat to the public safety and welfare. Therefore, to provide
7a deterrent to such practice, a statutory summary driver's
8license suspension is appropriate. It is also recognized that
9driving is a privilege and therefore, that the granting of
10driving privileges, in a manner consistent with public safety,
11is warranted during the period of suspension in the form of a
12monitoring device driving permit. A person who drives and fails
13to comply with the requirements of the monitoring device
14driving permit commits a violation of Section 6-303 of this
15Code.
16    The following procedures shall apply whenever a first
17offender, as defined in Section 11-500 of this Code, is
18arrested for any offense as defined in Section 11-501 or a
19similar provision of a local ordinance and is subject to the
20provisions of Section 11-501.1:
21    (a) Upon mailing of the notice of suspension of driving
22privileges as provided in subsection (h) of Section 11-501.1 of
23this Code, the Secretary shall also send written notice
24informing the person that he or she will be issued a monitoring
25device driving permit (MDDP). The notice shall include, at
26minimum, information summarizing the procedure to be followed

 

 

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1for issuance of the MDDP, installation of the breath alcohol
2ignition installation device (BAIID), as provided in this
3Section, exemption from BAIID installation requirements, and
4procedures to be followed by those seeking indigent status, as
5provided in this Section. The notice shall also include
6information summarizing the procedure to be followed if the
7person wishes to decline issuance of the MDDP. A copy of the
8notice shall also be sent to the court of venue together with
9the notice of suspension of driving privileges, as provided in
10subsection (h) of Section 11-501. However, a MDDP shall not be
11issued if the Secretary finds that:
12        (1) the offender's driver's license is otherwise
13    invalid;
14        (2) death or great bodily harm to another resulted from
15    the arrest for Section 11-501;
16        (3) the offender has been previously convicted of
17    reckless homicide or aggravated driving under the
18    influence involving death;
19        (4) the offender is less than 18 years of age; or
20        (5) the offender is a qualifying patient licensed under
21    the Compassionate Use of Medical Cannabis Pilot Program Act
22    who is in possession of a valid registry card issued under
23    that Act and refused to submit to standardized field
24    sobriety tests as required by subsection (a) of Section
25    11-501.9 or did submit to testing which disclosed the
26    person was impaired by the use of cannabis.

 

 

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1    Any offender participating in the MDDP program must pay the
2Secretary a MDDP Administration Fee in an amount not to exceed
3$30 per month, to be deposited into the Monitoring Device
4Driving Permit Administration Fee Fund. The Secretary shall
5establish by rule the amount and the procedures, terms, and
6conditions relating to these fees. The offender must have an
7ignition interlock device installed within 14 days of the date
8the Secretary issues the MDDP. The ignition interlock device
9provider must notify the Secretary, in a manner and form
10prescribed by the Secretary, of the installation. If the
11Secretary does not receive notice of installation, the
12Secretary shall cancel the MDDP.
13    Upon receipt of the notice, as provided in paragraph (a) of
14this Section, the person may file a petition to decline
15issuance of the MDDP with the court of venue. The court shall
16admonish the offender of all consequences of declining issuance
17of the MDDP including, but not limited to, the enhanced
18penalties for driving while suspended. After being so
19admonished, the offender shall be permitted, in writing, to
20execute a notice declining issuance of the MDDP. This notice
21shall be filed with the court and forwarded by the clerk of the
22court to the Secretary. The offender may, at any time
23thereafter, apply to the Secretary for issuance of a MDDP.
24    (a-1) A person issued a MDDP may drive for any purpose and
25at any time, subject to the rules adopted by the Secretary
26under subsection (g). The person must, at his or her own

 

 

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1expense, drive only vehicles equipped with an ignition
2interlock device as defined in Section 1-129.1, but in no event
3shall such person drive a commercial motor vehicle.
4    (a-2) Persons who are issued a MDDP and must drive
5employer-owned vehicles in the course of their employment
6duties may seek permission to drive an employer-owned vehicle
7that does not have an ignition interlock device. The employer
8shall provide to the Secretary a form, as prescribed by the
9Secretary, completed by the employer verifying that the
10employee must drive an employer-owned vehicle in the course of
11employment. If approved by the Secretary, the form must be in
12the driver's possession while operating an employer-owner
13vehicle not equipped with an ignition interlock device. No
14person may use this exemption to drive a school bus, school
15vehicle, or a vehicle designed to transport more than 15
16passengers. No person may use this exemption to drive an
17employer-owned motor vehicle that is owned by an entity that is
18wholly or partially owned by the person holding the MDDP, or by
19a family member of the person holding the MDDP. No person may
20use this exemption to drive an employer-owned vehicle that is
21made available to the employee for personal use. No person may
22drive the exempted vehicle more than 12 hours per day, 6 days
23per week.
24    (a-3) Persons who are issued a MDDP and who must drive a
25farm tractor to and from a farm, within 50 air miles from the
26originating farm are exempt from installation of a BAIID on the

 

 

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1farm tractor, so long as the farm tractor is being used for the
2exclusive purpose of conducting farm operations.
3    (b) (Blank).
4    (c) (Blank).
5    (c-1) If the holder of the MDDP is convicted of or receives
6court supervision for a violation of Section 6-206.2, 6-303,
711-204, 11-204.1, 11-401, 11-501, 11-503, 11-506 or a similar
8provision of a local ordinance or a similar out-of-state
9offense or is convicted of or receives court supervision for
10any offense for which alcohol or drugs is an element of the
11offense and in which a motor vehicle was involved (for an
12arrest other than the one for which the MDDP is issued), or
13de-installs the BAIID without prior authorization from the
14Secretary, the MDDP shall be cancelled.
15    (c-5) If the Secretary determines that the person seeking
16the MDDP is indigent, the Secretary shall provide the person
17with a written document as evidence of that determination, and
18the person shall provide that written document to an ignition
19interlock device provider. The provider shall install an
20ignition interlock device on that person's vehicle without
21charge to the person, and seek reimbursement from the Indigent
22BAIID Fund. If the Secretary has deemed an offender indigent,
23the BAIID provider shall also provide the normal monthly
24monitoring services and the de-installation without charge to
25the offender and seek reimbursement from the Indigent BAIID
26Fund. Any other monetary charges, such as a lockout fee or

 

 

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1reset fee, shall be the responsibility of the MDDP holder. A
2BAIID provider may not seek a security deposit from the
3Indigent BAIID Fund.
4    (d) MDDP information shall be available only to the courts,
5police officers, and the Secretary, except during the actual
6period the MDDP is valid, during which time it shall be a
7public record.
8    (e) (Blank).
9    (f) (Blank).
10    (g) The Secretary shall adopt rules for implementing this
11Section. The rules adopted shall address issues including, but
12not limited to: compliance with the requirements of the MDDP;
13methods for determining compliance with those requirements;
14the consequences of noncompliance with those requirements;
15what constitutes a violation of the MDDP; methods for
16determining indigency; and the duties of a person or entity
17that supplies the ignition interlock device.
18    (h) The rules adopted under subsection (g) shall provide,
19at a minimum, that the person is not in compliance with the
20requirements of the MDDP if he or she:
21        (1) tampers or attempts to tamper with or circumvent
22    the proper operation of the ignition interlock device;
23        (2) provides valid breath samples that register blood
24    alcohol levels in excess of the number of times allowed
25    under the rules;
26        (3) fails to provide evidence sufficient to satisfy the

 

 

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1    Secretary that the ignition interlock device has been
2    installed in the designated vehicle or vehicles; or
3        (4) fails to follow any other applicable rules adopted
4    by the Secretary.
5    (i) Any person or entity that supplies an ignition
6interlock device as provided under this Section shall, in
7addition to supplying only those devices which fully comply
8with all the rules adopted under subsection (g), provide the
9Secretary, within 7 days of inspection, all monitoring reports
10of each person who has had an ignition interlock device
11installed. These reports shall be furnished in a manner or form
12as prescribed by the Secretary.
13    (j) Upon making a determination that a violation of the
14requirements of the MDDP has occurred, the Secretary shall
15extend the summary suspension period for an additional 3 months
16beyond the originally imposed summary suspension period,
17during which time the person shall only be allowed to drive
18vehicles equipped with an ignition interlock device; provided
19further there are no limitations on the total number of times
20the summary suspension may be extended. The Secretary may,
21however, limit the number of extensions imposed for violations
22occurring during any one monitoring period, as set forth by
23rule. Any person whose summary suspension is extended pursuant
24to this Section shall have the right to contest the extension
25through a hearing with the Secretary, pursuant to Section 2-118
26of this Code. If the summary suspension has already terminated

 

 

10100SB2023ham001- 188 -LRB101 09588 RLC 61491 a

1prior to the Secretary receiving the monitoring report that
2shows a violation, the Secretary shall be authorized to suspend
3the person's driving privileges for 3 months, provided that the
4Secretary may, by rule, limit the number of suspensions to be
5entered pursuant to this paragraph for violations occurring
6during any one monitoring period. Any person whose license is
7suspended pursuant to this paragraph, after the summary
8suspension had already terminated, shall have the right to
9contest the suspension through a hearing with the Secretary,
10pursuant to Section 2-118 of this Code. The only permit the
11person shall be eligible for during this new suspension period
12is a MDDP.
13    (k) A person who has had his or her summary suspension
14extended for the third time, or has any combination of 3
15extensions and new suspensions, entered as a result of a
16violation that occurred while holding the MDDP, so long as the
17extensions and new suspensions relate to the same summary
18suspension, shall have his or her vehicle impounded for a
19period of 30 days, at the person's own expense. A person who
20has his or her summary suspension extended for the fourth time,
21or has any combination of 4 extensions and new suspensions,
22entered as a result of a violation that occurred while holding
23the MDDP, so long as the extensions and new suspensions relate
24to the same summary suspension, shall have his or her vehicle
25subject to seizure and forfeiture. The Secretary shall notify
26the prosecuting authority of any third or fourth extensions or

 

 

10100SB2023ham001- 189 -LRB101 09588 RLC 61491 a

1new suspension entered as a result of a violation that occurred
2while the person held a MDDP. Upon receipt of the notification,
3the prosecuting authority shall impound or forfeit the vehicle.
4The impoundment or forfeiture of a vehicle shall be conducted
5pursuant to the procedure specified in Article 36 of the
6Criminal Code of 2012.
7    (l) A person whose driving privileges have been suspended
8under Section 11-501.1 of this Code and who had a MDDP that was
9cancelled, or would have been cancelled had notification of a
10violation been received prior to expiration of the MDDP,
11pursuant to subsection (c-1) of this Section, shall not be
12eligible for reinstatement when the summary suspension is
13scheduled to terminate. Instead, the person's driving
14privileges shall be suspended for a period of not less than
15twice the original summary suspension period, or for the length
16of any extensions entered under subsection (j), whichever is
17longer. During the period of suspension, the person shall be
18eligible only to apply for a restricted driving permit. If a
19restricted driving permit is granted, the offender may only
20operate vehicles equipped with a BAIID in accordance with this
21Section.
22    (m) Any person or entity that supplies an ignition
23interlock device under this Section shall, for each ignition
24interlock device installed, pay 5% of the total gross revenue
25received for the device, including monthly monitoring fees,
26into the Indigent BAIID Fund. This 5% shall be clearly

 

 

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1indicated as a separate surcharge on each invoice that is
2issued. The Secretary shall conduct an annual review of the
3fund to determine whether the surcharge is sufficient to
4provide for indigent users. The Secretary may increase or
5decrease this surcharge requirement as needed.
6    (n) Any person or entity that supplies an ignition
7interlock device under this Section that is requested to
8provide an ignition interlock device to a person who presents
9written documentation of indigency from the Secretary, as
10provided in subsection (c-5) of this Section, shall install the
11device on the person's vehicle without charge to the person and
12shall seek reimbursement from the Indigent BAIID Fund.
13    (o) The Indigent BAIID Fund is created as a special fund in
14the State treasury. The Secretary shall, subject to
15appropriation by the General Assembly, use all money in the
16Indigent BAIID Fund to reimburse ignition interlock device
17providers who have installed devices in vehicles of indigent
18persons. The Secretary shall make payments to such providers
19every 3 months. If the amount of money in the fund at the time
20payments are made is not sufficient to pay all requests for
21reimbursement submitted during that 3 month period, the
22Secretary shall make payments on a pro-rata basis, and those
23payments shall be considered payment in full for the requests
24submitted.
25    (p) The Monitoring Device Driving Permit Administration
26Fee Fund is created as a special fund in the State treasury.

 

 

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1The Secretary shall, subject to appropriation by the General
2Assembly, use the money paid into this fund to offset its
3administrative costs for administering MDDPs.
4    (q) The Secretary is authorized to prescribe such forms as
5it deems necessary to carry out the provisions of this Section.
6(Source: P.A. 98-122, eff. 1-1-14; 98-1015, eff. 8-22-14;
798-1172, eff. 1-12-15; 99-467, eff. 1-1-16.)
 
8    (625 ILCS 5/11-501)  (from Ch. 95 1/2, par. 11-501)
9    Sec. 11-501. Driving while under the influence of alcohol,
10other drug or drugs, intoxicating compound or compounds or any
11combination thereof.
12    (a) A person shall not drive or be in actual physical
13control of any vehicle within this State while:
14        (1) the alcohol concentration in the person's blood,
15    other bodily substance, or breath is 0.08 or more based on
16    the definition of blood and breath units in Section
17    11-501.2;
18        (2) under the influence of alcohol;
19        (3) under the influence of any intoxicating compound or
20    combination of intoxicating compounds to a degree that
21    renders the person incapable of driving safely;
22        (4) under the influence of any other drug or
23    combination of drugs to a degree that renders the person
24    incapable of safely driving;
25        (5) under the combined influence of alcohol, other drug

 

 

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1    or drugs, or intoxicating compound or compounds to a degree
2    that renders the person incapable of safely driving;
3        (6) there is any amount of a drug, substance, or
4    compound in the person's breath, blood, other bodily
5    substance, or urine resulting from the unlawful use or
6    consumption of a controlled substance listed in the
7    Illinois Controlled Substances Act, an intoxicating
8    compound listed in the Use of Intoxicating Compounds Act,
9    or methamphetamine as listed in the Methamphetamine
10    Control and Community Protection Act; or
11        (7) the person has, within 2 hours of driving or being
12    in actual physical control of a vehicle, a
13    tetrahydrocannabinol concentration in the person's whole
14    blood or other bodily substance as defined in paragraph 6
15    of subsection (a) of Section 11-501.2 of this Code. Subject
16    to all other requirements and provisions under this
17    Section, this paragraph (7) does not apply to the lawful
18    consumption of cannabis by a qualifying patient licensed
19    under the Compassionate Use of Medical Cannabis Pilot
20    Program Act who is in possession of a valid registry card
21    issued under that Act, unless that person is impaired by
22    the use of cannabis.
23    (b) The fact that any person charged with violating this
24Section is or has been legally entitled to use alcohol,
25cannabis under the Compassionate Use of Medical Cannabis Pilot
26Program Act, other drug or drugs, or intoxicating compound or

 

 

10100SB2023ham001- 193 -LRB101 09588 RLC 61491 a

1compounds, or any combination thereof, shall not constitute a
2defense against any charge of violating this Section.
3    (c) Penalties.
4        (1) Except as otherwise provided in this Section, any
5    person convicted of violating subsection (a) of this
6    Section is guilty of a Class A misdemeanor.
7        (2) A person who violates subsection (a) or a similar
8    provision a second time shall be sentenced to a mandatory
9    minimum term of either 5 days of imprisonment or 240 hours
10    of community service in addition to any other criminal or
11    administrative sanction.
12        (3) A person who violates subsection (a) is subject to
13    6 months of imprisonment, an additional mandatory minimum
14    fine of $1,000, and 25 days of community service in a
15    program benefiting children if the person was transporting
16    a person under the age of 16 at the time of the violation.
17        (4) A person who violates subsection (a) a first time,
18    if the alcohol concentration in his or her blood, breath,
19    other bodily substance, or urine was 0.16 or more based on
20    the definition of blood, breath, other bodily substance, or
21    urine units in Section 11-501.2, shall be subject, in
22    addition to any other penalty that may be imposed, to a
23    mandatory minimum of 100 hours of community service and a
24    mandatory minimum fine of $500.
25        (5) A person who violates subsection (a) a second time,
26    if at the time of the second violation the alcohol

 

 

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1    concentration in his or her blood, breath, other bodily
2    substance, or urine was 0.16 or more based on the
3    definition of blood, breath, other bodily substance, or
4    urine units in Section 11-501.2, shall be subject, in
5    addition to any other penalty that may be imposed, to a
6    mandatory minimum of 2 days of imprisonment and a mandatory
7    minimum fine of $1,250.
8    (d) Aggravated driving under the influence of alcohol,
9other drug or drugs, or intoxicating compound or compounds, or
10any combination thereof.
11        (1) Every person convicted of committing a violation of
12    this Section shall be guilty of aggravated driving under
13    the influence of alcohol, other drug or drugs, or
14    intoxicating compound or compounds, or any combination
15    thereof if:
16            (A) the person committed a violation of subsection
17        (a) or a similar provision for the third or subsequent
18        time;
19            (B) the person committed a violation of subsection
20        (a) while driving a school bus with one or more
21        passengers on board;
22            (C) the person in committing a violation of
23        subsection (a) was involved in a motor vehicle accident
24        that resulted in great bodily harm or permanent
25        disability or disfigurement to another, when the
26        violation was a proximate cause of the injuries;

 

 

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

 

 

10100SB2023ham001- 196 -LRB101 09588 RLC 61491 a

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

 

 

10100SB2023ham001- 197 -LRB101 09588 RLC 61491 a

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

 

 

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

 

 

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

 

 

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

 

 

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1offense committed on a military installation that is similar to
2a violation of subsection (a) of this Section.
3    (f) The imposition of a mandatory term of imprisonment or
4assignment of community service for a violation of this Section
5shall not be suspended or reduced by the court.
6    (g) Any penalty imposed for driving with a license that has
7been revoked for a previous violation of subsection (a) of this
8Section shall be in addition to the penalty imposed for any
9subsequent violation of subsection (a).
10    (h) For any prosecution under this Section, a certified
11copy of the driving abstract of the defendant shall be admitted
12as proof of any prior conviction.
13(Source: P.A. 98-122, eff. 1-1-14; 98-573, eff. 8-27-13;
1498-756, eff. 7-16-14; 99-697, eff. 7-29-16.)
 
15    (625 ILCS 5/11-501.9)
16    Sec. 11-501.9. Suspension of driver's license; medical
17cannabis card holder; failure or refusal of field sobriety
18tests; implied consent.
19    (a) A person who has been issued a registry identification
20card under the Compassionate Use of Medical Cannabis Pilot
21Program Act who drives or is in actual physical control of a
22motor vehicle upon the public highways of this State shall be
23deemed to have given consent to standardized field sobriety
24tests approved by the National Highway Traffic Safety
25Administration, under subsection (a-5) of Section 11-501.2 of

 

 

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1this Code, if detained by a law enforcement officer who has a
2reasonable suspicion that the person is driving or is in actual
3physical control of a motor vehicle while impaired by the use
4of cannabis. The law enforcement officer must have an
5independent, cannabis-related factual basis giving reasonable
6suspicion that the person is driving or in actual physical
7control of a motor vehicle while impaired by the use of
8cannabis for conducting standardized field sobriety tests,
9which shall be included with the results of the field sobriety
10tests in any report made by the law enforcement officer who
11requests the test. The person's possession of a registry
12identification card issued under the Compassionate Use of
13Medical Cannabis Pilot Program Act alone is not a sufficient
14basis for reasonable suspicion.
15    For purposes of this Section, a law enforcement officer of
16this State who is investigating a person for an offense under
17Section 11-501 of this Code may travel into an adjoining state
18where the person has been transported for medical care to
19complete an investigation and to request that the person submit
20to field sobriety tests under this Section.
21    (b) A person who is unconscious, or otherwise in a
22condition rendering the person incapable of refusal, shall be
23deemed to have withdrawn the consent provided by subsection (a)
24of this Section.
25    (c) A person requested to submit to field sobriety tests,
26as provided in this Section, shall be warned by the law

 

 

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1enforcement officer requesting the field sobriety tests that a
2refusal to submit to the field sobriety tests will result in
3the suspension of the person's privilege to operate a motor
4vehicle, as provided in subsection (f) of this Section. The
5person shall also be warned by the law enforcement officer that
6if the person submits to field sobriety tests as provided in
7this Section which disclose the person is impaired by the use
8of cannabis, a suspension of the person's privilege to operate
9a motor vehicle, as provided in subsection (f) of this Section,
10will be imposed.
11    (d) The results of field sobriety tests administered under
12this Section shall be admissible in a civil or criminal action
13or proceeding arising from an arrest for an offense as defined
14in Section 11-501 of this Code or a similar provision of a
15local ordinance. These test results shall be admissible only in
16actions or proceedings directly related to the incident upon
17which the test request was made.
18    (e) If the person refuses field sobriety tests or submits
19to field sobriety tests that disclose the person is impaired by
20the use of cannabis, the law enforcement officer shall
21immediately submit a sworn report to the circuit court of venue
22and the Secretary of State certifying that testing was
23requested under this Section and that the person refused to
24submit to field sobriety tests or submitted to field sobriety
25tests that disclosed the person was impaired by the use of
26cannabis. The sworn report must include the law enforcement

 

 

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1officer's factual basis for reasonable suspicion that the
2person was impaired by the use of cannabis.
3    (f) Upon receipt of the sworn report of a law enforcement
4officer submitted under subsection (e) of this Section, the
5Secretary of State shall enter the suspension to the driving
6record as follows:
7        (1) for refusal or failure to complete field sobriety
8    tests, a 12 month suspension shall be entered; or
9        (2) for submitting to field sobriety tests that
10    disclosed the driver was impaired by the use of cannabis, a
11    6 month suspension shall be entered.
12    The Secretary of State shall confirm the suspension by
13mailing a notice of the effective date of the suspension to the
14person and the court of venue. However, should the sworn report
15be defective for insufficient information or be completed in
16error, the confirmation of the suspension shall not be mailed
17to the person or entered to the record; instead, the sworn
18report shall be forwarded to the court of venue with a copy
19returned to the issuing agency identifying the defect.
20    (g) The law enforcement officer submitting the sworn report
21under subsection (e) of this Section shall serve immediate
22notice of the suspension on the person and the suspension shall
23be effective as provided in subsection (h) of this Section. If
24immediate notice of the suspension cannot be given, the
25arresting officer or arresting agency shall give notice by
26deposit in the United States mail of the notice in an envelope

 

 

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1with postage prepaid and addressed to the person at his or her
2address as shown on the Uniform Traffic Ticket and the
3suspension shall begin as provided in subsection (h) of this
4Section. The officer shall confiscate any Illinois driver's
5license or permit on the person at the time of arrest. If the
6person has a valid driver's license or permit, the officer
7shall issue the person a receipt, in a form prescribed by the
8Secretary of State, that will allow the person to drive during
9the period provided for in subsection (h) of this Section. The
10officer shall immediately forward the driver's license or
11permit to the circuit court of venue along with the sworn
12report under subsection (e) of this Section.
13    (h) The suspension under subsection (f) of this Section
14shall take effect on the 46th day following the date the notice
15of the suspension was given to the person.
16    (i) When a driving privilege has been suspended under this
17Section and the person is subsequently convicted of violating
18Section 11-501 of this Code, or a similar provision of a local
19ordinance, for the same incident, any period served on
20suspension under this Section shall be credited toward the
21minimum period of revocation of driving privileges imposed
22under Section 6-205 of this Code.
23(Source: P.A. 98-1172, eff. 1-12-15.)
 
24    Section 70. The Cannabis Control Act is amended by changing
25Section 5.3 as follows:
 

 

 

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1    (720 ILCS 550/5.3)
2    Sec. 5.3. Unlawful use of cannabis-based product
3manufacturing equipment.
4    (a) A person commits unlawful use of cannabis-based product
5manufacturing equipment when he or she knowingly engages in the
6possession, procurement, transportation, storage, or delivery
7of any equipment used in the manufacturing of any
8cannabis-based product using volatile or explosive gas,
9including, but not limited to, canisters of butane gas, with
10the intent to manufacture, compound, covert, produce, derive,
11process, or prepare either directly or indirectly any
12cannabis-based product.
13    (b) This Section does not apply to a cultivation center or
14cultivation center agent that prepares medical cannabis or
15cannabis-infused products in compliance with the Compassionate
16Use of Medical Cannabis Pilot Program Act and Department of
17Public Health and Department of Agriculture rules.
18    (c) Sentence. A person who violates this Section is guilty
19of a Class 2 felony.
20(Source: P.A. 99-697, eff. 7-29-16.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.".