Rep. La Shawn K. Ford

Filed: 5/24/2023





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2    AMENDMENT NO. ______. Amend Senate Bill 1559, AS AMENDED,
3with reference to page and line numbers of House Amendment No.
41, as follows:
5on page 53, line 1, by replacing "of" with "in close proximity
6to"; and
7on page 53, by replacing lines 9 through 11 with the following:
8    "Section 15-85. For purposes of this paragraph:
9        "Drive-through window in close proximity" means an
10    area contiguous to the restricted access area.
11        "Pickup-location in close proximity" means an area
12    contiguous to the real property of the dispensary, such as
13    a sidewalk or parking lot;"; and
14on page 147, line 2, by replacing "2" with "3"; and



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1on page 147, line 15, by replacing "Section 40-5" with
2"Sections 5-45 and 40-5"; and
3on page 147, immediately below line 15, by inserting the
5    "(410 ILCS 705/5-45)
6    Sec. 5-45. Illinois Cannabis Regulation Oversight Officer.
7    (a) The position of Illinois Cannabis Regulation Oversight
8Officer is created within the Department of Financial and
9Professional Regulation under the Secretary of Financial and
10Professional Regulation. The Cannabis Regulation Oversight
11Officer serves a coordinating role among State agencies
12regarding this Act and the Compassionate Use of Medical
13Cannabis Program Act. The Illinois Cannabis Regulation
14Oversight Officer shall be appointed by the Governor with the
15advice and consent of the Senate. The term of office of the
16Officer shall expire on the third Monday of January in
17odd-numbered years provided that he or she shall hold office
18until a successor is appointed and qualified. In case of
19vacancy in office during the recess of the Senate, the
20Governor shall make a temporary appointment until the next
21meeting of the Senate, when the Governor shall nominate some
22person to fill the office, and any person so nominated who is
23confirmed by the Senate shall hold office during the remainder
24of the term and until his or her successor is appointed and



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2    (b) The Illinois Cannabis Regulation Oversight Officer has
3the authority to:
4        (1) maintain a staff;
5        (2) make recommendations for administrative and
6    statutory changes;
7        (3) collect data both in Illinois and outside Illinois
8    regarding the regulation of cannabis;
9        (4) compile or assist in the compilation of any
10    reports required by this Act;
11        (5) ensure the coordination of efforts between various
12    State agencies involved in regulating and taxing the sale
13    of cannabis in Illinois; and
14        (6) encourage, promote, suggest, and report best
15    practices for ensuring diversity in the cannabis industry
16    in Illinois.
17    (c) The Illinois Cannabis Regulation Oversight Officer and
18the Officer's staff shall not:
19        (1) participate in the issuance or award of any
20    cannabis business establishment license; or
21        (2) participate in discipline related to any cannabis
22    business establishment.
23    The Illinois Cannabis Regulation Officer is not prohibited
24from coordinating with and making recommendations to agencies
25regarding licensing and disciplinary policies and procedures.
26    (d) Any funding required for the Illinois Cannabis



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1Regulation Oversight Officer, its staff, or its activities
2shall be drawn from the Cannabis Regulation Fund.
3    (e) The Illinois Cannabis Regulation Oversight Officer
4shall commission and publish one or more disparity and
5availability studies that: (1) evaluates whether there exists
6discrimination in the State's cannabis industry; and (2) if
7so, evaluates the impact of such discrimination on the State
8and includes recommendations to the Department of Financial
9and Professional Regulation and the Department of Agriculture
10for reducing or eliminating any identified barriers to entry
11in the cannabis market. Such disparity and availability
12studies shall examine each license type issued pursuant to
13Sections 15-25, 15-30.1, or 15-35.20, subsection (a) of
14Section 30-5, or subsection (a) of Section 35-5, and shall be
15initiated within 180 days from the issuance of the first of
16each license authorized by those Sections and completed by
17January 31, 2024. The results of each disparity and
18availability study shall be reported to the General Assembly
19and the Governor no later than 12 months after the commission
20of each study.
21    The Illinois Cannabis Regulation Oversight Officer shall
22forward a copy of its findings and recommendations to the
23Department of Financial and Professional Regulation, the
24Department of Agriculture, the Department of Commerce and
25Economic Opportunity, the General Assembly, and the Governor.
26    (f) The Illinois Cannabis Regulation Oversight Officer may



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1compile, collect, or otherwise gather data necessary for the
2administration of this Act and to carry out the Officer's duty
3relating to the recommendation of policy changes. The Illinois
4Cannabis Regulation Oversight Officer may direct the
5Department of Agriculture, Department of Financial and
6Professional Regulation, Department of Public Health,
7Department of Human Services, and Department of Commerce and
8Economic Opportunity to assist in the compilation, collection,
9and data gathering authorized pursuant to this subsection. The
10Illinois Cannabis Regulation Oversight Officer shall compile
11all of the data into a single report and submit the report to
12the Governor and the General Assembly and publish the report
13on its website.
14(Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21.)";
16on page 148, by replacing lines 1 through 6 with "15, 2020. The
17Department of Agriculture shall make available such
18applications on every January 7 thereafter or if that date
19falls on a weekend or holiday, the business day immediately
20succeeding the weekend or holiday and shall receive such
21applications no later than March 15 or the succeeding business
22day thereafter."; and
23on page 148, immediately below line 10, by inserting the



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1    "(d) Upon completion of the disparity and availability
2study published by the Illinois Cannabis Regulation Oversight
3Officer under subsection (e) of Section 5-45, the Department
4of Agriculture may modify or change the licensing application
5process to reduce or eliminate barriers and remedy
6discrimination identified in the study. Beginning January 1,
72026, the Department of Agriculture shall make the
8applications available on every January 7 thereafter or, if
9that date falls on a weekend or holiday, the business day
10immediately succeeding the weekend or holiday and shall
11receive the applications no later than March 15 or the
12succeeding business day thereafter.".