102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3083

 

Introduced 2/19/2021, by Rep. Daniel Didech

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 140/7.5
410 ILCS 705/10-20
410 ILCS 705/15-73 new
410 ILCS 705/15-145

    Amends the Cannabis Regulation and Tax Act. Requires the Department of Public Health to provide by rule for the establishment of a list of self-excluded persons who may request to be placed on the list and are prohibited from entering a dispensary or purchasing any product or service at a dispensary. Provides that the rules must establish specified procedures regarding the list and require dispensaries to establish procedures designed to remove self-excluded persons from targeted mailings or other forms of advertising or promotions and deny self-excluded persons entry and access to the dispensary and the products and services provided by the dispensary. Prohibits dispensaries from allowing entry to or serving any person who is on the self-exclusion list. Provides that the list of self-excluded persons shall be exempt from public inspection, copying, and disclosure, except for the limited purpose of assisting in the proper administration of procedures established under the amendatory Act. Allows the Department of Public Health to adopt rules requiring a dispensing organization to use a purchaser's identification to check whether the purchaser is on the self-exclusion list. Provides that allowing entry to or serving any person who is on the self-exclusion list is grounds for discipline by the Department of Financial and Professional Regulation. Makes a conforming change in the Freedom of Information Act. Effective immediately.


LRB102 02663 CPF 12666 b

 

 

A BILL FOR

 

HB3083LRB102 02663 CPF 12666 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
 
6    (5 ILCS 140/7.5)
7    Sec. 7.5. Statutory exemptions. To the extent provided for
8by the statutes referenced below, the following shall be
9exempt from inspection and copying:
10        (a) All information determined to be confidential
11    under Section 4002 of the Technology Advancement and
12    Development Act.
13        (b) Library circulation and order records identifying
14    library users with specific materials under the Library
15    Records Confidentiality Act.
16        (c) Applications, related documents, and medical
17    records received by the Experimental Organ Transplantation
18    Procedures Board and any and all documents or other
19    records prepared by the Experimental Organ Transplantation
20    Procedures Board or its staff relating to applications it
21    has received.
22        (d) Information and records held by the Department of
23    Public Health and its authorized representatives relating

 

 

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1    to known or suspected cases of sexually transmissible
2    disease or any information the disclosure of which is
3    restricted under the Illinois Sexually Transmissible
4    Disease Control Act.
5        (e) Information the disclosure of which is exempted
6    under Section 30 of the Radon Industry Licensing Act.
7        (f) Firm performance evaluations under Section 55 of
8    the Architectural, Engineering, and Land Surveying
9    Qualifications Based Selection Act.
10        (g) Information the disclosure of which is restricted
11    and exempted under Section 50 of the Illinois Prepaid
12    Tuition Act.
13        (h) Information the disclosure of which is exempted
14    under the State Officials and Employees Ethics Act, and
15    records of any lawfully created State or local inspector
16    general's office that would be exempt if created or
17    obtained by an Executive Inspector General's office under
18    that Act.
19        (i) Information contained in a local emergency energy
20    plan submitted to a municipality in accordance with a
21    local emergency energy plan ordinance that is adopted
22    under Section 11-21.5-5 of the Illinois Municipal Code.
23        (j) Information and data concerning the distribution
24    of surcharge moneys collected and remitted by carriers
25    under the Emergency Telephone System Act.
26        (k) Law enforcement officer identification information

 

 

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1    or driver identification information compiled by a law
2    enforcement agency or the Department of Transportation
3    under Section 11-212 of the Illinois Vehicle Code.
4        (l) Records and information provided to a residential
5    health care facility resident sexual assault and death
6    review team or the Executive Council under the Abuse
7    Prevention Review Team Act.
8        (m) Information provided to the predatory lending
9    database created pursuant to Article 3 of the Residential
10    Real Property Disclosure Act, except to the extent
11    authorized under that Article.
12        (n) Defense budgets and petitions for certification of
13    compensation and expenses for court appointed trial
14    counsel as provided under Sections 10 and 15 of the
15    Capital Crimes Litigation Act. This subsection (n) shall
16    apply until the conclusion of the trial of the case, even
17    if the prosecution chooses not to pursue the death penalty
18    prior to trial or sentencing.
19        (o) Information that is prohibited from being
20    disclosed under Section 4 of the Illinois Health and
21    Hazardous Substances Registry Act.
22        (p) Security portions of system safety program plans,
23    investigation reports, surveys, schedules, lists, data, or
24    information compiled, collected, or prepared by or for the
25    Regional Transportation Authority under Section 2.11 of
26    the Regional Transportation Authority Act or the St. Clair

 

 

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1    County Transit District under the Bi-State Transit Safety
2    Act.
3        (q) Information prohibited from being disclosed by the
4    Personnel Record Review Act.
5        (r) Information prohibited from being disclosed by the
6    Illinois School Student Records Act.
7        (s) Information the disclosure of which is restricted
8    under Section 5-108 of the Public Utilities Act.
9        (t) All identified or deidentified health information
10    in the form of health data or medical records contained
11    in, stored in, submitted to, transferred by, or released
12    from the Illinois Health Information Exchange, and
13    identified or deidentified health information in the form
14    of health data and medical records of the Illinois Health
15    Information Exchange in the possession of the Illinois
16    Health Information Exchange Office due to its
17    administration of the Illinois Health Information
18    Exchange. The terms "identified" and "deidentified" shall
19    be given the same meaning as in the Health Insurance
20    Portability and Accountability Act of 1996, Public Law
21    104-191, or any subsequent amendments thereto, and any
22    regulations promulgated thereunder.
23        (u) Records and information provided to an independent
24    team of experts under the Developmental Disability and
25    Mental Health Safety Act (also known as Brian's Law).
26        (v) Names and information of people who have applied

 

 

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1    for or received Firearm Owner's Identification Cards under
2    the Firearm Owners Identification Card Act or applied for
3    or received a concealed carry license under the Firearm
4    Concealed Carry Act, unless otherwise authorized by the
5    Firearm Concealed Carry Act; and databases under the
6    Firearm Concealed Carry Act, records of the Concealed
7    Carry Licensing Review Board under the Firearm Concealed
8    Carry Act, and law enforcement agency objections under the
9    Firearm Concealed Carry Act.
10        (w) Personally identifiable information which is
11    exempted from disclosure under subsection (g) of Section
12    19.1 of the Toll Highway Act.
13        (x) Information which is exempted from disclosure
14    under Section 5-1014.3 of the Counties Code or Section
15    8-11-21 of the Illinois Municipal Code.
16        (y) Confidential information under the Adult
17    Protective Services Act and its predecessor enabling
18    statute, the Elder Abuse and Neglect Act, including
19    information about the identity and administrative finding
20    against any caregiver of a verified and substantiated
21    decision of abuse, neglect, or financial exploitation of
22    an eligible adult maintained in the Registry established
23    under Section 7.5 of the Adult Protective Services Act.
24        (z) Records and information provided to a fatality
25    review team or the Illinois Fatality Review Team Advisory
26    Council under Section 15 of the Adult Protective Services

 

 

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1    Act.
2        (aa) Information which is exempted from disclosure
3    under Section 2.37 of the Wildlife Code.
4        (bb) Information which is or was prohibited from
5    disclosure by the Juvenile Court Act of 1987.
6        (cc) Recordings made under the Law Enforcement
7    Officer-Worn Body Camera Act, except to the extent
8    authorized under that Act.
9        (dd) Information that is prohibited from being
10    disclosed under Section 45 of the Condominium and Common
11    Interest Community Ombudsperson Act.
12        (ee) Information that is exempted from disclosure
13    under Section 30.1 of the Pharmacy Practice Act.
14        (ff) Information that is exempted from disclosure
15    under the Revised Uniform Unclaimed Property Act.
16        (gg) Information that is prohibited from being
17    disclosed under Section 7-603.5 of the Illinois Vehicle
18    Code.
19        (hh) Records that are exempt from disclosure under
20    Section 1A-16.7 of the Election Code.
21        (ii) Information which is exempted from disclosure
22    under Section 2505-800 of the Department of Revenue Law of
23    the Civil Administrative Code of Illinois.
24        (jj) Information and reports that are required to be
25    submitted to the Department of Labor by registering day
26    and temporary labor service agencies but are exempt from

 

 

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1    disclosure under subsection (a-1) of Section 45 of the Day
2    and Temporary Labor Services Act.
3        (kk) Information prohibited from disclosure under the
4    Seizure and Forfeiture Reporting Act.
5        (ll) Information the disclosure of which is restricted
6    and exempted under Section 5-30.8 of the Illinois Public
7    Aid Code.
8        (mm) Records that are exempt from disclosure under
9    Section 4.2 of the Crime Victims Compensation Act.
10        (nn) Information that is exempt from disclosure under
11    Section 70 of the Higher Education Student Assistance Act.
12        (oo) Communications, notes, records, and reports
13    arising out of a peer support counseling session
14    prohibited from disclosure under the First Responders
15    Suicide Prevention Act.
16        (pp) Names and all identifying information relating to
17    an employee of an emergency services provider or law
18    enforcement agency under the First Responders Suicide
19    Prevention Act.
20        (qq) Information and records held by the Department of
21    Public Health and its authorized representatives collected
22    under the Reproductive Health Act.
23        (rr) Information that is exempt from disclosure under
24    the Cannabis Regulation and Tax Act.
25        (ss) Data reported by an employer to the Department of
26    Human Rights pursuant to Section 2-108 of the Illinois

 

 

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1    Human Rights Act.
2        (tt) Recordings made under the Children's Advocacy
3    Center Act, except to the extent authorized under that
4    Act.
5        (uu) Information that is exempt from disclosure under
6    Section 50 of the Sexual Assault Evidence Submission Act.
7        (vv) Information that is exempt from disclosure under
8    subsections (f) and (j) of Section 5-36 of the Illinois
9    Public Aid Code.
10        (ww) Information that is exempt from disclosure under
11    Section 16.8 of the State Treasurer Act.
12        (xx) Information that is exempt from disclosure or
13    information that shall not be made public under the
14    Illinois Insurance Code.
15        (yy) Information prohibited from being disclosed under
16    the Illinois Educational Labor Relations Act.
17        (zz) Information prohibited from being disclosed under
18    the Illinois Public Labor Relations Act.
19        (aaa) Information prohibited from being disclosed
20    under Section 1-167 of the Illinois Pension Code.
21        (bbb) Information exempt from public inspection,
22    copying, and disclosure under subsection (d) of Section
23    15-73 of the Cannabis Regulation and Tax Act.
24(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
25100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
268-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,

 

 

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1eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
2100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.
36-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,
4eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;
5101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.
61-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649,
7eff. 7-7-20.)
 
8    Section 10. The Cannabis Regulation and Tax Act is amended
9by changing Sections 10-20 and 15-145 and by adding Section
1015-73 as follows:
 
11    (410 ILCS 705/10-20)
12    Sec. 10-20. Identification; false identification; penalty.
13    (a) To protect personal privacy, the Department of
14Financial and Professional Regulation shall not require a
15purchaser to provide a dispensing organization with personal
16information other than government-issued identification to
17determine the purchaser's age, and a dispensing organization
18shall not obtain and record personal information about a
19purchaser without the purchaser's consent. A dispensing
20organization shall use an electronic reader or electronic
21scanning device to scan a purchaser's government-issued
22identification, if applicable, to determine the purchaser's
23age and the validity of the identification. Any identifying or
24personal information of a purchaser obtained or received in

 

 

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1accordance with this Section shall not be retained, used,
2shared or disclosed for any purpose except as authorized by
3this Act.
4    (b) A person who is under 21 years of age may not present
5or offer to a cannabis business establishment or the cannabis
6business establishment's principal or employee any written or
7oral evidence of age that is false, fraudulent, or not
8actually the person's own, for the purpose of:
9        (1) purchasing, attempting to purchase, or otherwise
10    obtaining or attempting to obtain cannabis or any cannabis
11    product; or
12        (2) gaining access to a cannabis business
13    establishment.
14    (c) A violation of this Section is a Class A misdemeanor
15consistent with Section 6-20 of the Liquor Control Act of
161934.
17    (d) The Secretary of State may suspend or revoke the
18driving privileges of any person for a violation of this
19Section under Section 6-206 of the Illinois Vehicle Code and
20the rules adopted under it.
21    (e) No agent or employee of the licensee shall be
22disciplined or discharged for selling or furnishing cannabis
23or cannabis products to a person under 21 years of age if the
24agent or employee demanded and was shown, before furnishing
25cannabis or cannabis products to a person under 21 years of
26age, adequate written evidence of age and identity of the

 

 

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1person. This subsection (e) does not apply if the agent or
2employee accepted the written evidence knowing it to be false
3or fraudulent. Adequate written evidence of age and identity
4of the person is a document issued by a federal, State, county,
5or municipal government, or subdivision or agency thereof,
6including, but not limited to, a motor vehicle operator's
7license, a registration certificate issued under the Military
8Selective Service Act, or an identification card issued to a
9member of the Armed Forces. Proof that the licensee or his or
10her employee or agent was shown and reasonably relied upon
11such written evidence in any transaction forbidden by this
12Section is an affirmative defense in any criminal prosecution
13therefor or to any proceedings for the suspension or
14revocation of any license based thereon.
15    (f) The Department of Public Health may adopt rules
16requiring a dispensing organization to use a purchaser's
17identification to check whether the purchaser is on the
18self-exclusion list established under Section 15-73 of this
19Act.
20(Source: P.A. 101-27, eff. 6-25-19.)
 
21    (410 ILCS 705/15-73 new)
22    Sec. 15-73. Self-exclusion list.
23    (a) The Department of Public Health shall provide by rule
24for the establishment of a list of self-excluded persons who
25are prohibited from entering a dispensary or purchasing any

 

 

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1product or service at a dispensary. A person may request to be
2placed on the list by acknowledging in a manner to be
3established by the Department of Public Health that the person
4wishes to be excluded and by agreeing that, during any period
5of voluntary exclusion, the person may not enter any
6dispensary or purchase any product or service at a dispensary.
7    (b) The rules established under subsection (a) shall:
8        (1) establish procedures for placement on, and removal
9    from, the list of self-excluded persons, provided that,
10    notwithstanding any law to the contrary, prior to the
11    removal from the list a hearing must be conducted that is
12    not open to the general public and at which it shall be
13    established by the person seeking removal that there is no
14    longer a basis for the person to be maintained on the
15    self-exclusion list;
16        (2) establish procedures for the transmittal to all
17    dispensaries of identifying information concerning
18    self-excluded persons; and
19        (3) require dispensaries to establish procedures
20    designed to, at a minimum, remove self-excluded persons
21    from targeted mailings or other forms of advertising or
22    promotions and deny self-excluded persons entry and access
23    to the dispensary and the products and services provided
24    by the dispensary.
25    (c) A dispensary shall not allow entry to or serve any
26person who is on the self-exclusion list established under

 

 

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1this Section.
2    (d) Notwithstanding any other law to the contrary, the
3list of self-excluded persons shall be exempt from public
4inspection, copying, and disclosure. This subsection shall not
5be construed to prohibit a dispensary from disclosing the
6identity of a properly self-excluded person for the limited
7purpose of assisting in the proper administration of
8self-exclusion procedures established under this Section.
 
9    (410 ILCS 705/15-145)
10    Sec. 15-145. Grounds for discipline.
11    (a) The Department may deny issuance, refuse to renew or
12restore, or may reprimand, place on probation, suspend,
13revoke, or take other disciplinary or nondisciplinary action
14against any license or agent identification card or may impose
15a fine for any of the following:
16        (1) Material misstatement in furnishing information to
17    the Department;
18        (2) Violations of this Act or rules;
19        (3) Obtaining an authorization or license by fraud or
20    misrepresentation;
21        (4) A pattern of conduct that demonstrates
22    incompetence or that the applicant has engaged in conduct
23    or actions that would constitute grounds for discipline
24    under this Act;
25        (5) Aiding or assisting another person in violating

 

 

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1    any provision of this Act or rules;
2        (6) Failing to respond to a written request for
3    information by the Department within 30 days;
4        (7) Engaging in unprofessional, dishonorable, or
5    unethical conduct of a character likely to deceive,
6    defraud, or harm the public;
7        (8) Adverse action by another United States
8    jurisdiction or foreign nation;
9        (9) A finding by the Department that the licensee,
10    after having his or her license placed on suspended or
11    probationary status, has violated the terms of the
12    suspension or probation;
13        (10) Conviction, entry of a plea of guilty, nolo
14    contendere, or the equivalent in a State or federal court
15    of a principal officer or agent-in-charge of a felony
16    offense in accordance with Sections 2105-131, 2105-135,
17    and 2105-205 of the Department of Professional Regulation
18    Law of the Civil Administrative Code of Illinois;
19        (11) Excessive use of or addiction to alcohol,
20    narcotics, stimulants, or any other chemical agent or
21    drug;
22        (12) A finding by the Department of a discrepancy in a
23    Department audit of cannabis;
24        (13) A finding by the Department of a discrepancy in a
25    Department audit of capital or funds;
26        (14) A finding by the Department of acceptance of

 

 

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1    cannabis from a source other than an Adult Use Cultivation
2    Center, craft grower, infuser, or transporting
3    organization licensed by the Department of Agriculture, or
4    a dispensing organization licensed by the Department;
5        (15) An inability to operate using reasonable
6    judgment, skill, or safety due to physical or mental
7    illness or other impairment or disability, including,
8    without limitation, deterioration through the aging
9    process or loss of motor skills or mental incompetence;
10        (16) Failing to report to the Department within the
11    time frames established, or if not identified, 14 days, of
12    any adverse action taken against the dispensing
13    organization or an agent by a licensing jurisdiction in
14    any state or any territory of the United States or any
15    foreign jurisdiction, any governmental agency, any law
16    enforcement agency or any court defined in this Section;
17        (17) Any violation of the dispensing organization's
18    policies and procedures submitted to the Department
19    annually as a condition for licensure;
20        (18) Failure to inform the Department of any change of
21    address within 10 business days;
22        (19) Disclosing customer names, personal information,
23    or protected health information in violation of any State
24    or federal law;
25        (20) Operating a dispensary before obtaining a license
26    from the Department;

 

 

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1        (21) Performing duties authorized by this Act prior to
2    receiving a license to perform such duties;
3        (22) Dispensing cannabis when prohibited by this Act
4    or rules;
5        (23) Any fact or condition that, if it had existed at
6    the time of the original application for the license,
7    would have warranted the denial of the license;
8        (24) Permitting a person without a valid agent
9    identification card to perform licensed activities under
10    this Act;
11        (25) Failure to assign an agent-in-charge as required
12    by this Article;
13        (26) Failure to provide the training required by
14    paragraph (3) of subsection (i) of Section 15-40 within
15    the provided timeframe;
16        (27) Personnel insufficient in number or unqualified
17    in training or experience to properly operate the
18    dispensary business;
19        (28) Any pattern of activity that causes a harmful
20    impact on the community; and
21        (29) Failing to prevent diversion, theft, or loss of
22    cannabis; and .
23        (30) Allowing entry to or serving any person who is on
24    the self-exclusion list established under Section 15-73.
25    (b) All fines and fees imposed under this Section shall be
26paid within 60 days after the effective date of the order

 

 

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1imposing the fine or as otherwise specified in the order.
2    (c) A circuit court order establishing that an
3agent-in-charge or principal officer holding an agent
4identification card is subject to involuntary admission as
5that term is defined in Section 1-119 or 1-119.1 of the Mental
6Health and Developmental Disabilities Code shall operate as a
7suspension of that card.
8(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.