Illinois General Assembly - Full Text of HB3906
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Full Text of HB3906  101st General Assembly

HB3906 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3906

 

Introduced 10/17/2019, by Rep. Bob Morgan - Deb Conroy - Kelly M. Cassidy and Norine K. Hammond

 

SYNOPSIS AS INTRODUCED:
 
New Act
5 ILCS 100/5-45  from Ch. 127, par. 1005-45
30 ILCS 105/5.891 new

    Creates the CBD Safety Act. Prohibits the sale or distribution of a CBD product unless the CBD product has labeling and has undergone lab testing that meet labeling and minimum testing requirements pursuant to rules adopted by the Department of Agriculture. Requires the Department to administer and enforce the Act and to develop rules for the labeling and minimum testing requirements of CBD products using a specified provision of the Illinois Administrative Code as a model. Provides that the Department of Public Health, the Illinois State Police, and the Department of Agriculture may inspect any business that manufactures, processes, transports, or distributes CBD products in the State to ensure compliance with the Act. Provides specified criminal fines, imprisonment, and administrative penalties for violations of the Act and directs that criminal fines collected under the Act shall be deposited into the CBD Safety Fund. Allows the Director to pursue and a court to grant a temporary restraining order or a preliminary or permanent injunction restraining any person from violating the Act. Contains other provisions. Amends the Illinois Administrative Procedure Act. Allows the Department of Agriculture to adopt emergency rules to implement the CBD Safety Act. Amends the State Finance Act. Creates the CBD Safety Fund. Effective 180 days after becoming law.


LRB101 14515 CPF 63480 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3906LRB101 14515 CPF 63480 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 1. Short title. This Act may be cited as the CBD
5Safety Act.
 
6    Section 5. Definitions. In this Act:
7    "CBD" means cannabidiol derived from cannabis. "CBD"
8includes resin extracted from any part of a cannabis plant and
9any compound, manufacture, salt, derivative, mixture, or
10preparation of such plant, whether produced directly or
11indirectly by extraction, independently by means of chemical
12synthesis, or by a combination of extraction and chemical
13synthesis. "CBD" does not include any product or substance
14regulated under the Compassionate Use of Medical Cannabis
15Program Act, the Cannabis Regulation and Tax Act, or the
16Industrial Hemp Act.
17    "CBD product" means a product offered for sale that
18contains CBD.
19    "Department" means the Department of Agriculture.
20    "Director" means the Director of Agriculture.
 
21    Section 10. CBD product labeling and testing requirements.
22No person shall sell or distribute a CBD product unless the CBD

 

 

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1product has labeling and has undergone lab testing that meet
2labeling and minimum testing requirements pursuant to rules
3adopted by the Department under subsection (b) of Section 15.
 
4    Section 15. Administration and enforcement; rules;
5emergency rules; inspection.
6    (a) The Department shall administer and enforce this Act
7and may adopt rules under the Illinois Administrative Procedure
8Act for the purpose of administering and enforcing this Act.
9    (b) The Department shall develop rules setting forth
10labeling and minimum testing requirements of CBD products,
11using Section 1000.510 of Title 8 of the Illinois
12Administrative Code as a model.
13    (c) In order to provide for the expeditious and timely
14implementation of the provisions of this Act, the Department
15may adopt emergency rules in accordance with Section 5-45 of
16the Illinois Administrative Procedure Act to the extent
17necessary to administer the Department's responsibilities
18under this Act. The adoption of emergency rules authorized by
19this subsection (c) is deemed to be necessary for the public
20interest, safety, and welfare.
21    (d) The Department of Public Health, the Illinois State
22Police, and the Department may inspect any business that
23manufactures, processes, transports, or distributes CBD
24products in the State to ensure compliance with this Act.
 

 

 

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1    Section 20. Violations; fines.
2    (a) A person who by himself or herself, by his or her
3employee or agent, or as the employee or agent of another
4person violates Section 10 or any rule adopted by the
5Department under Section 15 is guilty of a business offense and
6shall be fined not less than $1,000 for the first offense; not
7less than $1,500 for a second offense; and not less than $2,500
8for a third offense.
9    (b) A person who by himself or herself, by the person's
10servant or agent, or as a servant or agent of another person
11commits a fourth or subsequent violation of Section 10 or any
12rule adopted by the Department under Section 15 is guilty of a
13Class 3 felony and subject to: (1) a fine of not less than
14$1,000 and not more than $10,000, or the total amount of any
15money gained for each day on which a violation has been found,
16whichever is greater; (2) imprisonment; or (3) both.
17    (c) Moneys collected under this Section shall be deposited
18into the CBD Safety Fund.
 
19    Section 25. Administrative penalties; judicial review.
20When an administrative hearing is held, the hearing officer,
21upon a determination of a violation of Section 10 or any rule
22adopted by the Department under Section 15, shall levy the
23following administrative monetary penalties:
24        (1) A penalty of $500 for a first violation.
25        (2) A penalty of $1,500 for a second violation at the

 

 

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1    same location within 2 years of the first violation.
2        (3) A penalty of $2,500 for a third or subsequent
3    violation at the same location within 2 years of the second
4    violation.
5    The penalty levied shall be collected by the Department.
6Any penalty of $2,500 or greater that is not paid within 120
7days of issuance of notice from the Department shall be
8submitted to the Department of Revenue for collection as
9provided under the Illinois State Collection Act of 1986. The
10Department may prohibit any person from selling or distributing
11a CBD product for failure to pay an administrative monetary
12penalty within 60 days of issuance of notice from the
13Department.
14    All final administrative decisions of the Department are
15subject to judicial review under the Administrative Review Law.
16The term "administrative decision" has the same meaning as
17defined in Section 3-101 of the Code of Civil Procedure.
 
18    Section 30. Publishing information. The Director or the
19Director's agent may publish or cause to be published any
20information pertinent to the issuance of the decision of the
21court or administrative hearing to such media as the Director
22may designate.
 
23    Section 35. Temporary restraining order or injunction. The
24Director may file a complaint and apply to the circuit court

 

 

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1for, and the court upon hearing and for cause shown may grant,
2a temporary restraining order or a preliminary or permanent
3injunction restraining any person from violating this Act.
 
4    Section 40. CBD Safety Fund. The CBD Safety fund is created
5as a special fund in the State treasury. Moneys in the Fund
6shall be utilized by the Department for the implementation,
7administration, and enforcement of this Act.
 
8    Section 90. The Illinois Administrative Procedure Act is
9amended by changing Section 5-45 as follows:
 
10    (5 ILCS 100/5-45)  (from Ch. 127, par. 1005-45)
11    Sec. 5-45. Emergency rulemaking.
12    (a) "Emergency" means the existence of any situation that
13any agency finds reasonably constitutes a threat to the public
14interest, safety, or welfare.
15    (b) If any agency finds that an emergency exists that
16requires adoption of a rule upon fewer days than is required by
17Section 5-40 and states in writing its reasons for that
18finding, the agency may adopt an emergency rule without prior
19notice or hearing upon filing a notice of emergency rulemaking
20with the Secretary of State under Section 5-70. The notice
21shall include the text of the emergency rule and shall be
22published in the Illinois Register. Consent orders or other
23court orders adopting settlements negotiated by an agency may

 

 

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1be adopted under this Section. Subject to applicable
2constitutional or statutory provisions, an emergency rule
3becomes effective immediately upon filing under Section 5-65 or
4at a stated date less than 10 days thereafter. The agency's
5finding and a statement of the specific reasons for the finding
6shall be filed with the rule. The agency shall take reasonable
7and appropriate measures to make emergency rules known to the
8persons who may be affected by them.
9    (c) An emergency rule may be effective for a period of not
10longer than 150 days, but the agency's authority to adopt an
11identical rule under Section 5-40 is not precluded. No
12emergency rule may be adopted more than once in any 24-month
13period, except that this limitation on the number of emergency
14rules that may be adopted in a 24-month period does not apply
15to (i) emergency rules that make additions to and deletions
16from the Drug Manual under Section 5-5.16 of the Illinois
17Public Aid Code or the generic drug formulary under Section
183.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
19emergency rules adopted by the Pollution Control Board before
20July 1, 1997 to implement portions of the Livestock Management
21Facilities Act, (iii) emergency rules adopted by the Illinois
22Department of Public Health under subsections (a) through (i)
23of Section 2 of the Department of Public Health Act when
24necessary to protect the public's health, (iv) emergency rules
25adopted pursuant to subsection (n) of this Section, (v)
26emergency rules adopted pursuant to subsection (o) of this

 

 

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1Section, or (vi) emergency rules adopted pursuant to subsection
2(c-5) of this Section. Two or more emergency rules having
3substantially the same purpose and effect shall be deemed to be
4a single rule for purposes of this Section.
5    (c-5) To facilitate the maintenance of the program of group
6health benefits provided to annuitants, survivors, and retired
7employees under the State Employees Group Insurance Act of
81971, rules to alter the contributions to be paid by the State,
9annuitants, survivors, retired employees, or any combination
10of those entities, for that program of group health benefits,
11shall be adopted as emergency rules. The adoption of those
12rules shall be considered an emergency and necessary for the
13public interest, safety, and welfare.
14    (d) In order to provide for the expeditious and timely
15implementation of the State's fiscal year 1999 budget,
16emergency rules to implement any provision of Public Act 90-587
17or 90-588 or any other budget initiative for fiscal year 1999
18may be adopted in accordance with this Section by the agency
19charged with administering that provision or initiative,
20except that the 24-month limitation on the adoption of
21emergency rules and the provisions of Sections 5-115 and 5-125
22do not apply to rules adopted under this subsection (d). The
23adoption of emergency rules authorized by this subsection (d)
24shall be deemed to be necessary for the public interest,
25safety, and welfare.
26    (e) In order to provide for the expeditious and timely

 

 

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1implementation of the State's fiscal year 2000 budget,
2emergency rules to implement any provision of Public Act 91-24
3or any other budget initiative for fiscal year 2000 may be
4adopted in accordance with this Section by the agency charged
5with administering that provision or initiative, except that
6the 24-month limitation on the adoption of emergency rules and
7the provisions of Sections 5-115 and 5-125 do not apply to
8rules adopted under this subsection (e). The adoption of
9emergency rules authorized by this subsection (e) shall be
10deemed to be necessary for the public interest, safety, and
11welfare.
12    (f) In order to provide for the expeditious and timely
13implementation of the State's fiscal year 2001 budget,
14emergency rules to implement any provision of Public Act 91-712
15or any other budget initiative for fiscal year 2001 may be
16adopted in accordance with this Section by the agency charged
17with administering that provision or initiative, except that
18the 24-month limitation on the adoption of emergency rules and
19the provisions of Sections 5-115 and 5-125 do not apply to
20rules adopted under this subsection (f). The adoption of
21emergency rules authorized by this subsection (f) shall be
22deemed to be necessary for the public interest, safety, and
23welfare.
24    (g) In order to provide for the expeditious and timely
25implementation of the State's fiscal year 2002 budget,
26emergency rules to implement any provision of Public Act 92-10

 

 

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1or any other budget initiative for fiscal year 2002 may be
2adopted in accordance with this Section by the agency charged
3with administering that provision or initiative, except that
4the 24-month limitation on the adoption of emergency rules and
5the provisions of Sections 5-115 and 5-125 do not apply to
6rules adopted under this subsection (g). The adoption of
7emergency rules authorized by this subsection (g) shall be
8deemed to be necessary for the public interest, safety, and
9welfare.
10    (h) In order to provide for the expeditious and timely
11implementation of the State's fiscal year 2003 budget,
12emergency rules to implement any provision of Public Act 92-597
13or any other budget initiative for fiscal year 2003 may be
14adopted in accordance with this Section by the agency charged
15with administering that provision or initiative, except that
16the 24-month limitation on the adoption of emergency rules and
17the provisions of Sections 5-115 and 5-125 do not apply to
18rules adopted under this subsection (h). The adoption of
19emergency rules authorized by this subsection (h) shall be
20deemed to be necessary for the public interest, safety, and
21welfare.
22    (i) In order to provide for the expeditious and timely
23implementation of the State's fiscal year 2004 budget,
24emergency rules to implement any provision of Public Act 93-20
25or any other budget initiative for fiscal year 2004 may be
26adopted in accordance with this Section by the agency charged

 

 

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1with administering that provision or initiative, except that
2the 24-month limitation on the adoption of emergency rules and
3the provisions of Sections 5-115 and 5-125 do not apply to
4rules adopted under this subsection (i). The adoption of
5emergency rules authorized by this subsection (i) shall be
6deemed to be necessary for the public interest, safety, and
7welfare.
8    (j) In order to provide for the expeditious and timely
9implementation of the provisions of the State's fiscal year
102005 budget as provided under the Fiscal Year 2005 Budget
11Implementation (Human Services) Act, emergency rules to
12implement any provision of the Fiscal Year 2005 Budget
13Implementation (Human Services) Act may be adopted in
14accordance with this Section by the agency charged with
15administering that provision, except that the 24-month
16limitation on the adoption of emergency rules and the
17provisions of Sections 5-115 and 5-125 do not apply to rules
18adopted under this subsection (j). The Department of Public Aid
19may also adopt rules under this subsection (j) necessary to
20administer the Illinois Public Aid Code and the Children's
21Health Insurance Program Act. The adoption of emergency rules
22authorized by this subsection (j) shall be deemed to be
23necessary for the public interest, safety, and welfare.
24    (k) In order to provide for the expeditious and timely
25implementation of the provisions of the State's fiscal year
262006 budget, emergency rules to implement any provision of

 

 

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1Public Act 94-48 or any other budget initiative for fiscal year
22006 may be adopted in accordance with this Section by the
3agency charged with administering that provision or
4initiative, except that the 24-month limitation on the adoption
5of emergency rules and the provisions of Sections 5-115 and
65-125 do not apply to rules adopted under this subsection (k).
7The Department of Healthcare and Family Services may also adopt
8rules under this subsection (k) necessary to administer the
9Illinois Public Aid Code, the Senior Citizens and Persons with
10Disabilities Property Tax Relief Act, the Senior Citizens and
11Disabled Persons Prescription Drug Discount Program Act (now
12the Illinois Prescription Drug Discount Program Act), and the
13Children's Health Insurance Program Act. The adoption of
14emergency rules authorized by this subsection (k) shall be
15deemed to be necessary for the public interest, safety, and
16welfare.
17    (l) In order to provide for the expeditious and timely
18implementation of the provisions of the State's fiscal year
192007 budget, the Department of Healthcare and Family Services
20may adopt emergency rules during fiscal year 2007, including
21rules effective July 1, 2007, in accordance with this
22subsection to the extent necessary to administer the
23Department's responsibilities with respect to amendments to
24the State plans and Illinois waivers approved by the federal
25Centers for Medicare and Medicaid Services necessitated by the
26requirements of Title XIX and Title XXI of the federal Social

 

 

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1Security Act. The adoption of emergency rules authorized by
2this subsection (l) shall be deemed to be necessary for the
3public interest, safety, and welfare.
4    (m) In order to provide for the expeditious and timely
5implementation of the provisions of the State's fiscal year
62008 budget, the Department of Healthcare and Family Services
7may adopt emergency rules during fiscal year 2008, including
8rules effective July 1, 2008, in accordance with this
9subsection to the extent necessary to administer the
10Department's responsibilities with respect to amendments to
11the State plans and Illinois waivers approved by the federal
12Centers for Medicare and Medicaid Services necessitated by the
13requirements of Title XIX and Title XXI of the federal Social
14Security Act. The adoption of emergency rules authorized by
15this subsection (m) shall be deemed to be necessary for the
16public interest, safety, and welfare.
17    (n) In order to provide for the expeditious and timely
18implementation of the provisions of the State's fiscal year
192010 budget, emergency rules to implement any provision of
20Public Act 96-45 or any other budget initiative authorized by
21the 96th General Assembly for fiscal year 2010 may be adopted
22in accordance with this Section by the agency charged with
23administering that provision or initiative. The adoption of
24emergency rules authorized by this subsection (n) shall be
25deemed to be necessary for the public interest, safety, and
26welfare. The rulemaking authority granted in this subsection

 

 

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1(n) shall apply only to rules promulgated during Fiscal Year
22010.
3    (o) In order to provide for the expeditious and timely
4implementation of the provisions of the State's fiscal year
52011 budget, emergency rules to implement any provision of
6Public Act 96-958 or any other budget initiative authorized by
7the 96th General Assembly for fiscal year 2011 may be adopted
8in accordance with this Section by the agency charged with
9administering that provision or initiative. The adoption of
10emergency rules authorized by this subsection (o) is deemed to
11be necessary for the public interest, safety, and welfare. The
12rulemaking authority granted in this subsection (o) applies
13only to rules promulgated on or after July 1, 2010 (the
14effective date of Public Act 96-958) through June 30, 2011.
15    (p) In order to provide for the expeditious and timely
16implementation of the provisions of Public Act 97-689,
17emergency rules to implement any provision of Public Act 97-689
18may be adopted in accordance with this subsection (p) by the
19agency charged with administering that provision or
20initiative. The 150-day limitation of the effective period of
21emergency rules does not apply to rules adopted under this
22subsection (p), and the effective period may continue through
23June 30, 2013. The 24-month limitation on the adoption of
24emergency rules does not apply to rules adopted under this
25subsection (p). The adoption of emergency rules authorized by
26this subsection (p) is deemed to be necessary for the public

 

 

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1interest, safety, and welfare.
2    (q) In order to provide for the expeditious and timely
3implementation of the provisions of Articles 7, 8, 9, 11, and
412 of Public Act 98-104, emergency rules to implement any
5provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
6may be adopted in accordance with this subsection (q) by the
7agency charged with administering that provision or
8initiative. The 24-month limitation on the adoption of
9emergency rules does not apply to rules adopted under this
10subsection (q). The adoption of emergency rules authorized by
11this subsection (q) is deemed to be necessary for the public
12interest, safety, and welfare.
13    (r) In order to provide for the expeditious and timely
14implementation of the provisions of Public Act 98-651,
15emergency rules to implement Public Act 98-651 may be adopted
16in accordance with this subsection (r) by the Department of
17Healthcare and Family Services. The 24-month limitation on the
18adoption of emergency rules does not apply to rules adopted
19under this subsection (r). The adoption of emergency rules
20authorized by this subsection (r) is deemed to be necessary for
21the public interest, safety, and welfare.
22    (s) In order to provide for the expeditious and timely
23implementation of the provisions of Sections 5-5b.1 and 5A-2 of
24the Illinois Public Aid Code, emergency rules to implement any
25provision of Section 5-5b.1 or Section 5A-2 of the Illinois
26Public Aid Code may be adopted in accordance with this

 

 

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1subsection (s) by the Department of Healthcare and Family
2Services. The rulemaking authority granted in this subsection
3(s) shall apply only to those rules adopted prior to July 1,
42015. Notwithstanding any other provision of this Section, any
5emergency rule adopted under this subsection (s) shall only
6apply to payments made for State fiscal year 2015. The adoption
7of emergency rules authorized by this subsection (s) is deemed
8to be necessary for the public interest, safety, and welfare.
9    (t) In order to provide for the expeditious and timely
10implementation of the provisions of Article II of Public Act
1199-6, emergency rules to implement the changes made by Article
12II of Public Act 99-6 to the Emergency Telephone System Act may
13be adopted in accordance with this subsection (t) by the
14Department of State Police. The rulemaking authority granted in
15this subsection (t) shall apply only to those rules adopted
16prior to July 1, 2016. The 24-month limitation on the adoption
17of emergency rules does not apply to rules adopted under this
18subsection (t). The adoption of emergency rules authorized by
19this subsection (t) is deemed to be necessary for the public
20interest, safety, and welfare.
21    (u) In order to provide for the expeditious and timely
22implementation of the provisions of the Burn Victims Relief
23Act, emergency rules to implement any provision of the Act may
24be adopted in accordance with this subsection (u) by the
25Department of Insurance. The rulemaking authority granted in
26this subsection (u) shall apply only to those rules adopted

 

 

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1prior to December 31, 2015. The adoption of emergency rules
2authorized by this subsection (u) is deemed to be necessary for
3the public interest, safety, and welfare.
4    (v) In order to provide for the expeditious and timely
5implementation of the provisions of Public Act 99-516,
6emergency rules to implement Public Act 99-516 may be adopted
7in accordance with this subsection (v) by the Department of
8Healthcare and Family Services. The 24-month limitation on the
9adoption of emergency rules does not apply to rules adopted
10under this subsection (v). The adoption of emergency rules
11authorized by this subsection (v) is deemed to be necessary for
12the public interest, safety, and welfare.
13    (w) In order to provide for the expeditious and timely
14implementation of the provisions of Public Act 99-796,
15emergency rules to implement the changes made by Public Act
1699-796 may be adopted in accordance with this subsection (w) by
17the Adjutant General. The adoption of emergency rules
18authorized by this subsection (w) is deemed to be necessary for
19the public interest, safety, and welfare.
20    (x) In order to provide for the expeditious and timely
21implementation of the provisions of Public Act 99-906,
22emergency rules to implement subsection (i) of Section 16-115D,
23subsection (g) of Section 16-128A, and subsection (a) of
24Section 16-128B of the Public Utilities Act may be adopted in
25accordance with this subsection (x) by the Illinois Commerce
26Commission. The rulemaking authority granted in this

 

 

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1subsection (x) shall apply only to those rules adopted within
2180 days after June 1, 2017 (the effective date of Public Act
399-906). The adoption of emergency rules authorized by this
4subsection (x) is deemed to be necessary for the public
5interest, safety, and welfare.
6    (y) In order to provide for the expeditious and timely
7implementation of the provisions of Public Act 100-23,
8emergency rules to implement the changes made by Public Act
9100-23 to Section 4.02 of the Illinois Act on the Aging,
10Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
11Section 55-30 of the Alcoholism and Other Drug Abuse and
12Dependency Act, and Sections 74 and 75 of the Mental Health and
13Developmental Disabilities Administrative Act may be adopted
14in accordance with this subsection (y) by the respective
15Department. The adoption of emergency rules authorized by this
16subsection (y) is deemed to be necessary for the public
17interest, safety, and welfare.
18    (z) In order to provide for the expeditious and timely
19implementation of the provisions of Public Act 100-554,
20emergency rules to implement the changes made by Public Act
21100-554 to Section 4.7 of the Lobbyist Registration Act may be
22adopted in accordance with this subsection (z) by the Secretary
23of State. The adoption of emergency rules authorized by this
24subsection (z) is deemed to be necessary for the public
25interest, safety, and welfare.
26    (aa) In order to provide for the expeditious and timely

 

 

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1initial implementation of the changes made to Articles 5, 5A,
212, and 14 of the Illinois Public Aid Code under the provisions
3of Public Act 100-581, the Department of Healthcare and Family
4Services may adopt emergency rules in accordance with this
5subsection (aa). The 24-month limitation on the adoption of
6emergency rules does not apply to rules to initially implement
7the changes made to Articles 5, 5A, 12, and 14 of the Illinois
8Public Aid Code adopted under this subsection (aa). The
9adoption of emergency rules authorized by this subsection (aa)
10is deemed to be necessary for the public interest, safety, and
11welfare.
12    (bb) In order to provide for the expeditious and timely
13implementation of the provisions of Public Act 100-587,
14emergency rules to implement the changes made by Public Act
15100-587 to Section 4.02 of the Illinois Act on the Aging,
16Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
17subsection (b) of Section 55-30 of the Alcoholism and Other
18Drug Abuse and Dependency Act, Section 5-104 of the Specialized
19Mental Health Rehabilitation Act of 2013, and Section 75 and
20subsection (b) of Section 74 of the Mental Health and
21Developmental Disabilities Administrative Act may be adopted
22in accordance with this subsection (bb) by the respective
23Department. The adoption of emergency rules authorized by this
24subsection (bb) is deemed to be necessary for the public
25interest, safety, and welfare.
26    (cc) In order to provide for the expeditious and timely

 

 

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1implementation of the provisions of Public Act 100-587,
2emergency rules may be adopted in accordance with this
3subsection (cc) to implement the changes made by Public Act
4100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois
5Pension Code by the Board created under Article 14 of the Code;
6Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by
7the Board created under Article 15 of the Code; and Sections
816-190.5 and 16-190.6 of the Illinois Pension Code by the Board
9created under Article 16 of the Code. The adoption of emergency
10rules authorized by this subsection (cc) is deemed to be
11necessary for the public interest, safety, and welfare.
12    (dd) In order to provide for the expeditious and timely
13implementation of the provisions of Public Act 100-864,
14emergency rules to implement the changes made by Public Act
15100-864 to Section 3.35 of the Newborn Metabolic Screening Act
16may be adopted in accordance with this subsection (dd) by the
17Secretary of State. The adoption of emergency rules authorized
18by this subsection (dd) is deemed to be necessary for the
19public interest, safety, and welfare.
20    (ee) In order to provide for the expeditious and timely
21implementation of the provisions of Public Act 100-1172 this
22amendatory Act of the 100th General Assembly, emergency rules
23implementing the Illinois Underground Natural Gas Storage
24Safety Act may be adopted in accordance with this subsection by
25the Department of Natural Resources. The adoption of emergency
26rules authorized by this subsection is deemed to be necessary

 

 

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1for the public interest, safety, and welfare.
2    (ff) (ee) In order to provide for the expeditious and
3timely initial implementation of the changes made to Articles
45A and 14 of the Illinois Public Aid Code under the provisions
5of Public Act 100-1181 this amendatory Act of the 100th General
6Assembly, the Department of Healthcare and Family Services may
7on a one-time-only basis adopt emergency rules in accordance
8with this subsection (ff) (ee). The 24-month limitation on the
9adoption of emergency rules does not apply to rules to
10initially implement the changes made to Articles 5A and 14 of
11the Illinois Public Aid Code adopted under this subsection (ff)
12(ee). The adoption of emergency rules authorized by this
13subsection (ff) (ee) is deemed to be necessary for the public
14interest, safety, and welfare.
15    (gg) (ff) In order to provide for the expeditious and
16timely implementation of the provisions of Public Act 101-1
17this amendatory Act of the 101st General Assembly, emergency
18rules may be adopted by the Department of Labor in accordance
19with this subsection (gg) (ff) to implement the changes made by
20Public Act 101-1 this amendatory Act of the 101st General
21Assembly to the Minimum Wage Law. The adoption of emergency
22rules authorized by this subsection (gg) (ff) is deemed to be
23necessary for the public interest, safety, and welfare.
24    (hh) In order to provide for the expeditious and timely
25implementation of the provisions of the CBD Safety Act,
26emergency rules implementing the CBD Safety Act may be adopted

 

 

HB3906- 21 -LRB101 14515 CPF 63480 b

1in accordance with this subsection (hh) by the Department of
2Agriculture. The adoption of emergency rules authorized by this
3subsection (hh) is deemed to be necessary for the public
4interest, safety, and welfare.
5(Source: P.A. 100-23, eff. 7-6-17; 100-554, eff. 11-16-17;
6100-581, eff. 3-12-18; 100-587, Article 95, Section 95-5, eff.
76-4-18; 100-587, Article 110, Section 110-5, eff. 6-4-18;
8100-864, eff. 8-14-18; 100-1172, eff. 1-4-19; 100-1181, eff.
93-8-19; 101-1, eff. 2-19-19; revised 4-2-19.)
 
10    Section 95. The State Finance Act is amended by adding
11Section 5.891 as follows:
 
12    (30 ILCS 105/5.891 new)
13    Sec. 5.891. The CBD Safety Fund.
 
14    Section 99. Effective date. This Act takes effect 180 days
15after becoming law.