Illinois General Assembly - Bill Status for HB1438
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 Bill Status of HB1438  102nd General Assembly


Short Description:  CANNABIS REGULATION & TAX ACT

House Sponsors
Rep. Kelly M. Cassidy - Jehan Gordon-Booth - Celina Villanueva - David A. Welter - Bob Morgan, Sara Feigenholtz, Emanuel Chris Welch, Allen Skillicorn, Robyn Gabel, Will Guzzardi, Robert Martwick, Ann M. Williams, Mark L. Walker, Anna Moeller, Sonya M. Harper, Elizabeth Hernandez, Jonathan Carroll, Michael Halpin, Delia C. Ramirez, Anne Stava-Murray and Aaron M. Ortiz

Senate Sponsors
(Sen. Heather A. Steans - Toi W. Hutchinson - Omar Aquino - Jason A. Barickman - Neil Anderson, Linda Holmes, Martin A. Sandoval, Ram Villivalam and Robert Peters)

Last Action
DateChamber Action
  6/25/2019HousePublic Act . . . . . . . . . 101-0027

Statutes Amended In Order of Appearance
205 ILCS 510/9from Ch. 17, par. 4659
205 ILCS 510/12


Synopsis As Introduced
Amends the Pawnbroker Regulation Act. Removes language providing that when a person is found to be the owner of stolen property that has been pawned, the property shall be returned to the owner without payment of money advanced to the pawnbroker or any costs or charges. Provides that stolen property subject to a hold order shall be returned to the owner without the payment. Provides that when a hold order expires, title to the property shall vest in the pawnbroker. Provides that a hold order must specify certain information concerning the criminal investigation and property subject to the hold order. Sets forth the requirements for the contents of the hold order. Provides that a pawnbroker or its representative must sign and date a copy of a hold order as evidence of receipt of the hold order and the beginning of the 90-day hold period.

House Committee Amendment No. 1
Deletes reference to:
205 ILCS 510/9

Replaces everything after the enacting clause. Inserts the contents of the introduced bill, but deletes the elimination of the requirement that pawned stolen property be returned to its owner without payment of costs or charges imposed by the pawnbroker or money advanced by the pawnbroker. Deletes provisions regarding the ownership of property upon expiration of hold orders. Adds a provision reiterating the obligations of a pawnbroker with respect to the owner of pawned property. Provides for a 120-day, rather than a 90-day, holding period beginning when a hold order is signed.

Senate Floor Amendment No. 2
Deletes reference to:
205 ILCS 510/12
Adds reference to:
New Act
5 ILCS 100/5-45from Ch. 127, par. 1005-45
5 ILCS 140/7.5
20 ILCS 2505/2505-210was 20 ILCS 2505/39c-1
20 ILCS 2630/5.2
30 ILCS 105/5.891 new
30 ILCS 105/5.892 new
30 ILCS 105/5.893 new
30 ILCS 105/ 5.894 new
30 ILCS 105/6z-107 new
30 ILCS 500/1-10
35 ILCS 105/9from Ch. 120, par. 439.9
35 ILCS 110/9from Ch. 120, par. 439.39
35 ILCS 115/9from Ch. 120, par. 439.109
35 ILCS 120/3from Ch. 120, par. 442
35 ILCS 520/Act rep.
50 ILCS 705/9from Ch. 85, par. 509
50 ILCS 705/10.12
55 ILCS 5/5-1006.8 new
55 ILCS 5/5-1009from Ch. 34, par. 5-1009
65 ILCS 5/8-11-6afrom Ch. 24, par. 8-11-6a
65 ILCS 5/8-11-22 new
205 ILCS 5/48
205 ILCS 305/8from Ch. 17, par. 4409
410 ILCS 130/210
625 ILCS 5/2-118.2
625 ILCS 5/11-501.2from Ch. 95 1/2, par. 11-501.2
625 ILCS 5/11-501.9
625 ILCS 5/11-501.10 new
625 ILCS 5/11-502.1
625 ILCS 5/11-502.15 new
705 ILCS 405/5-401
720 ILCS 550/4from Ch. 56 1/2, par. 704
720 ILCS 550/5from Ch. 56 1/2, par. 705
720 ILCS 550/5.1from Ch. 56 1/2, par. 705.1
720 ILCS 550/5.3
720 ILCS 550/8from Ch. 56 1/2, par. 708
735 ILCS 5/2-1401from Ch. 110, par. 2-1401
765 ILCS 605/33 new
820 ILCS 55/5from Ch. 48, par. 2855

Replaces everything after the enacting clause. Creates the Cannabis Regulation and Tax Act and amends various Acts. Provides that it is lawful for persons 21 years of age or older to possess, use, and purchase limited amounts of cannabis for personal use in accordance with the Act. Authorizes registered qualifying patients to cultivate limited amounts of cannabis for personal use. Provides for the regulation and licensing of various entities and occupations engaged in cultivation, dispensing, processing, transportation, and other activities regarding cannabis for adult use. Sets forth duties of an Illinois Cannabis Regulation Oversight Officer, the Department of State Police, the Department of Agriculture, the Department of Financial and Professional Regulation, the Department of Public Health, the Department of Commerce and Economic Opportunity, the Department of Human Services, the Department of Revenue, the State Treasurer, the Illinois Criminal Justice Information Authority, and other governmental entities. Provides for expungement of minor cannabis violations under specified circumstances. Creates a Restore, Reinvest, and Renew Program and a Restore, Reinvest, and Renew Program Board and contains various provisions regarding a low-interest loan program for social equity applicants, investment in communities that have suffered because of drug policies, and the promotion of cannabis business ownership by individuals who have resided in areas of high poverty and high enforcement of cannabis-related laws. Contains provisions regarding health and safety, packaging, advertising, local ordinances, providing financial services to a cannabis-related legitimate business, and other matters. Creates a Cannabis Cultivation Privilege Tax and a Cannabis Purchaser Excise Tax. Authorizes the imposition of a County Cannabis Retailers' Occupation Tax and a Municipal Cannabis Retailers' Occupation Tax. Provides for allocation of revenues and creates various funds in the State treasury. Repeals the Cannabis and Controlled Substances Tax Act. Contains home rule preemptions. Contains other provisions. Effective immediately.

Actions 
DateChamber Action
  1/28/2019HouseFiled with the Clerk by Rep. Michelle Mussman
  1/29/2019HouseFirst Reading
  1/29/2019HouseReferred to Rules Committee
  2/5/2019HouseAssigned to Judiciary - Criminal Committee
  2/13/2019HouseAdded Co-Sponsor Rep. Kelly M. Burke
  3/5/2019HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Michelle Mussman
  3/5/2019HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/12/2019HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
  3/28/2019HouseHouse Committee Amendment No. 1 Adopted in Judiciary - Criminal Committee; by Voice Vote
  3/28/2019HouseDo Pass as Amended / Short Debate Judiciary - Criminal Committee; 019-000-000
  3/29/2019HousePlaced on Calendar 2nd Reading - Short Debate
  4/2/2019HouseSecond Reading - Short Debate
  4/2/2019HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/2/2019HouseAdded Chief Co-Sponsor Rep. Jonathan Carroll
  4/3/2019HouseThird Reading - Short Debate - Passed 113-000-000
  4/4/2019SenateArrive in Senate
  4/4/2019SenatePlaced on Calendar Order of First Reading
  4/4/2019SenateChief Senate Sponsor Sen. Don Harmon
  4/4/2019SenateFirst Reading
  4/4/2019SenateReferred to Assignments
  4/24/2019SenateAssigned to Judiciary
  5/2/2019SenatePostponed - Judiciary
  5/8/2019SenateDo Pass Judiciary; 010-000-000
  5/8/2019SenatePlaced on Calendar Order of 2nd Reading May 9, 2019
  5/16/2019SenateSecond Reading
  5/16/2019SenatePlaced on Calendar Order of 3rd Reading May 17, 2019
  5/23/2019SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Bill Cunningham
  5/23/2019SenateSenate Floor Amendment No. 1 Referred to Assignments
  5/23/2019SenateAlternate Chief Sponsor Changed to Sen. Bill Cunningham
  5/24/2019SenateRule 2-10 Third Reading Deadline Established As May 31, 2019
  5/27/2019SenateSenate Floor Amendment No. 1 Assignments Refers to Public Health
  5/28/2019SenateAlternate Chief Sponsor Changed to Sen. Heather A. Steans
  5/28/2019SenateSenate Floor Amendment No. 1 Postponed - Public Health
  5/28/2019SenateAdded as Alternate Chief Co-Sponsor Sen. Toi W. Hutchinson
  5/28/2019SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Heather A. Steans
  5/28/2019SenateSenate Floor Amendment No. 2 Referred to Assignments
  5/29/2019SenateAdded as Alternate Chief Co-Sponsor Sen. Omar Aquino
  5/29/2019SenateAdded as Alternate Chief Co-Sponsor Sen. Jason A. Barickman
  5/29/2019SenateAdded as Alternate Chief Co-Sponsor Sen. Neil Anderson
  5/29/2019SenateSenate Floor Amendment No. 2 Assignments Refers to Executive
  5/29/2019SenateAdded as Alternate Co-Sponsor Sen. Linda Holmes
  5/29/2019SenateAdded as Alternate Co-Sponsor Sen. Martin A. Sandoval
  5/29/2019SenateSenate Floor Amendment No. 2 Recommend Do Adopt Executive; 013-003-002
  5/29/2019SenateRecalled to Second Reading
  5/29/2019SenateSenate Floor Amendment No. 2 Adopted; Steans
  5/29/2019SenatePlaced on Calendar Order of 3rd Reading
  5/29/2019SenateThird Reading - Passed; 038-017-002
  5/29/2019SenateSenate Floor Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  5/29/2019SenateAdded as Alternate Co-Sponsor Sen. Ram Villivalam
  5/29/2019HouseArrived in House
  5/29/2019HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 2
  5/29/2019HouseChief Sponsor Changed to Rep. Kelly M. Cassidy
  5/29/2019HouseRemove Chief Co-Sponsor Rep. Jonathan Carroll
  5/29/2019HouseRemoved Co-Sponsor Rep. Kelly M. Burke
  5/29/2019HouseAdded Chief Co-Sponsor Rep. Jehan Gordon-Booth
  5/29/2019HouseAdded Chief Co-Sponsor Rep. Celina Villanueva
  5/29/2019HouseAdded Chief Co-Sponsor Rep. David A. Welter
  5/29/2019HouseAdded Chief Co-Sponsor Rep. Bob Morgan
  5/29/2019HouseAdded Co-Sponsor Rep. Sara Feigenholtz
  5/29/2019HouseAdded Co-Sponsor Rep. Emanuel Chris Welch
  5/29/2019HouseAdded Co-Sponsor Rep. Robyn Gabel
  5/29/2019HouseAdded Co-Sponsor Rep. Will Guzzardi
  5/29/2019HouseAdded Co-Sponsor Rep. Robert Martwick
  5/29/2019HouseAdded Co-Sponsor Rep. Ann M. Williams
  5/29/2019HouseAdded Co-Sponsor Rep. Mark L. Walker
  5/29/2019HouseAdded Co-Sponsor Rep. Anna Moeller
  5/29/2019HouseAdded Co-Sponsor Rep. Sonya M. Harper
  5/29/2019HouseAdded Co-Sponsor Rep. Elizabeth Hernandez
  5/30/2019HouseSenate Floor Amendment No. 2 Motion Filed Concur Rep. Kelly M. Cassidy
  5/30/2019HouseSenate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
  5/30/2019HouseSenate Floor Amendment No. 2 Motion to Concur Rules Referred to Judiciary - Criminal Committee
  5/30/2019HouseAdded Co-Sponsor Rep. Allen Skillicorn
  5/30/2019HouseAdded Co-Sponsor Rep. Jonathan Carroll
  5/30/2019HouseAdded Co-Sponsor Rep. Michael Halpin
  5/30/2019HouseAdded Co-Sponsor Rep. Delia C. Ramirez
  5/30/2019HouseAdded Co-Sponsor Rep. Anne Stava-Murray
  5/30/2019HouseSenate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Judiciary - Criminal Committee; 013-006-000
  5/31/2019SenateAdded as Alternate Co-Sponsor Sen. Robert Peters
  5/31/2019HouseAdded Co-Sponsor Rep. Aaron M. Ortiz
  5/31/2019HouseSenate Floor Amendment No. 2 House Concurs 066-047-002
  5/31/2019HouseHouse Concurs
  5/31/2019HouseMotion Filed to Reconsider Vote Rep. Will Guzzardi
  6/4/2019HouseMotion to Reconsider Vote - Withdrawn Rep. Will Guzzardi
  6/4/2019HousePassed Both Houses
  6/6/2019HouseSent to the Governor
  6/25/2019HouseGovernor Approved
  6/25/2019HouseEffective Date June 25, 2019
  6/25/2019HousePublic Act . . . . . . . . . 101-0027

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