Bill Amendment: IL HB2924 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: CDB-BUSINESS REPORT
Status: 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB2924 Detail]
Download: Illinois-2019-HB2924-Senate_Amendment_006.html
Bill Title: CDB-BUSINESS REPORT
Status: 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB2924 Detail]
Download: Illinois-2019-HB2924-Senate_Amendment_006.html
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1 | AMENDMENT TO HOUSE BILL 2924
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2 | AMENDMENT NO. ______. Amend House Bill 2924, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Tobacco Products Tax Act of 1995 is amended | ||||||
6 | by changing Section 10-5 as follows:
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7 | (35 ILCS 143/10-5)
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8 | Sec. 10-5. Definitions. For purposes of this Act:
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9 | "Business" means any trade, occupation, activity, or | ||||||
10 | enterprise engaged
in, at any location whatsoever, for the | ||||||
11 | purpose of selling tobacco products.
| ||||||
12 | "Cigarette" has the meaning ascribed to the term in Section | ||||||
13 | 1 of the
Cigarette Tax Act.
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14 | "Contraband little cigar" means: | ||||||
15 | (1) packages of little cigars containing 20 or 25 | ||||||
16 | little cigars that do not bear a required tax stamp under |
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1 | this Act; | ||||||
2 | (2) packages of little cigars containing 20 or 25 | ||||||
3 | little cigars that bear a fraudulent, imitation, or | ||||||
4 | counterfeit tax stamp; | ||||||
5 | (3) packages of little cigars containing 20 or 25 | ||||||
6 | little cigars that are improperly tax stamped, including | ||||||
7 | packages of little cigars that bear only a tax stamp of | ||||||
8 | another state or taxing jurisdiction; or | ||||||
9 | (4) packages of little cigars containing other than 20 | ||||||
10 | or 25 little cigars in the possession of a distributor, | ||||||
11 | retailer or wholesaler, unless the distributor, retailer, | ||||||
12 | or wholesaler possesses, or produces within the time frame | ||||||
13 | provided in Section 10-27 or 10-28 of this Act, an invoice | ||||||
14 | from a stamping distributor, distributor, or wholesaler | ||||||
15 | showing that the tax on the packages has been or will be | ||||||
16 | paid. | ||||||
17 | "Correctional Industries program" means a program run by a | ||||||
18 | State penal
institution in which residents of the penal | ||||||
19 | institution produce tobacco
products for sale to persons | ||||||
20 | incarcerated in penal institutions or resident
patients of a | ||||||
21 | State operated mental health facility.
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22 | "Department" means the Illinois Department of Revenue.
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23 | "Distributor" means any of the following:
| ||||||
24 | (1) Any manufacturer or wholesaler in this State | ||||||
25 | engaged in the business
of selling tobacco products who | ||||||
26 | sells, exchanges, or distributes tobacco
products to |
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1 | retailers or consumers in this State.
| ||||||
2 | (2) Any manufacturer or wholesaler engaged
in
the | ||||||
3 | business of selling tobacco products from without this | ||||||
4 | State who sells,
exchanges, distributes,
ships, or | ||||||
5 | transports tobacco products to retailers or consumers | ||||||
6 | located in
this State,
so long as that manufacturer or | ||||||
7 | wholesaler has or maintains within this State,
directly or | ||||||
8 | by subsidiary, an office, sales house, or other place of | ||||||
9 | business,
or any agent or other representative operating | ||||||
10 | within this State under the
authority of the person or | ||||||
11 | subsidiary, irrespective of whether the place of
business | ||||||
12 | or agent or other representative is located here | ||||||
13 | permanently or
temporarily.
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14 | (3) Any retailer who receives tobacco products on which | ||||||
15 | the tax has not
been or
will not be paid by another | ||||||
16 | distributor.
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17 | "Distributor" does not include any person, wherever | ||||||
18 | resident or located, who
makes, manufactures, or fabricates | ||||||
19 | tobacco products as part of a Correctional
Industries program | ||||||
20 | for sale to residents incarcerated in penal institutions or
| ||||||
21 | resident patients of a State operated mental health facility.
| ||||||
22 | "Electronic cigarette" means: | ||||||
23 | (1) any device that employs a battery or other | ||||||
24 | mechanism to
heat a solution or substance to produce a | ||||||
25 | vapor or aerosol
intended for inhalation; | ||||||
26 | (2) any cartridge or container of a solution or |
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1 | substance
intended to be used with or in the device or to | ||||||
2 | refill the
device , except any cartridge or container of a
| ||||||
3 | solution or substance that contains cannabis subject to tax
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4 | under the Compassionate Use of Medical Cannabis Program Act
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5 | or the Cannabis Cultivation Privilege Tax Law ; or | ||||||
6 | (3) any solution or substance, whether or not it | ||||||
7 | contains
nicotine, intended for use in the device , except
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8 | any solution or substance that contains cannabis subject to
| ||||||
9 | tax under the Compassionate Use of Medical Cannabis Program
| ||||||
10 | Act or the Cannabis Cultivation Privilege Tax Law. The
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11 | changes made to the definition of "electronic cigarette" by
| ||||||
12 | this amendatory Act of the 101st General Assembly apply on
| ||||||
13 | and after June 28, 2019, but no claim for credit or refund
| ||||||
14 | is allowed on or after the effective date of this
| ||||||
15 | amendatory Act of the 101st General Assembly for such taxes
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16 | paid during the period beginning June 28, 2019 and the
| ||||||
17 | effective date of this amendatory Act of the 101st General
| ||||||
18 | Assembly . | ||||||
19 | "Electronic cigarette"
includes, but is not limited to, any | ||||||
20 | electronic nicotine
delivery system, electronic cigar, | ||||||
21 | electronic cigarillo,
electronic pipe, electronic hookah, vape | ||||||
22 | pen, or similar product
or device, and any component or part | ||||||
23 | that can be used to build
the product or device. "Electronic | ||||||
24 | cigarette" does not include:
cigarettes, as defined in Section | ||||||
25 | 1 of the Cigarette Tax Act; any
product approved by the United | ||||||
26 | States Food and Drug
Administration for sale as a tobacco |
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| |||||||
1 | cessation product, a
tobacco dependence product, or for other | ||||||
2 | medical purposes that
is marketed and sold solely for that | ||||||
3 | approved purpose; any
asthma inhaler prescribed by a physician | ||||||
4 | for that condition that is marketed and sold solely for that | ||||||
5 | approved purpose; or
any therapeutic product approved for use | ||||||
6 | under the Compassionate Use of Medical Cannabis Program Act. | ||||||
7 | "Little cigar" means and includes any roll, made wholly or | ||||||
8 | in part of tobacco, where such roll has an integrated cellulose | ||||||
9 | acetate filter and weighs less than 4 pounds per thousand and | ||||||
10 | the wrapper or cover of which is made in whole or in part of | ||||||
11 | tobacco. | ||||||
12 | "Manufacturer" means any person, wherever resident or | ||||||
13 | located, who
manufactures and sells tobacco products, except a | ||||||
14 | person who makes,
manufactures, or fabricates tobacco products | ||||||
15 | as a part of a Correctional
Industries program for sale to | ||||||
16 | persons incarcerated in penal institutions or
resident | ||||||
17 | patients of a State operated mental health facility.
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18 | Beginning on January 1, 2013, "moist snuff" means any | ||||||
19 | finely cut, ground, or powdered tobacco that is not intended to | ||||||
20 | be smoked, but shall not include any finely cut, ground, or | ||||||
21 | powdered tobacco that is intended to be placed in the nasal | ||||||
22 | cavity. | ||||||
23 | "Person" means any natural individual, firm, partnership, | ||||||
24 | association, joint
stock company, joint venture, limited | ||||||
25 | liability company, or public or private
corporation, however | ||||||
26 | formed, or a receiver, executor, administrator, trustee,
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1 | conservator, or other representative appointed by order of any | ||||||
2 | court.
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3 | "Place of business" means and includes any place where | ||||||
4 | tobacco products
are sold or where tobacco products are | ||||||
5 | manufactured, stored, or kept for
the purpose of sale or | ||||||
6 | consumption, including any vessel, vehicle, airplane,
train, | ||||||
7 | or vending machine.
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8 | "Retailer" means any person in this State engaged in the | ||||||
9 | business of selling
tobacco products to consumers in this | ||||||
10 | State, regardless of quantity or number
of sales.
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11 | "Sale" means any transfer, exchange, or barter in any | ||||||
12 | manner or by any means
whatsoever for a consideration and | ||||||
13 | includes all sales made by
persons.
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14 | "Stamp" or "stamps" mean the indicia required to be affixed | ||||||
15 | on a package of little cigars that evidence payment of the tax | ||||||
16 | on packages of little cigars containing 20 or 25 little cigars | ||||||
17 | under Section 10-10 of this Act. These stamps shall be the same | ||||||
18 | stamps used for cigarettes under the Cigarette Tax Act. | ||||||
19 | "Stamping distributor" means a distributor licensed under | ||||||
20 | this Act and also licensed as a distributor under the Cigarette | ||||||
21 | Tax Act or Cigarette Use Tax Act. | ||||||
22 | "Tobacco products" means any cigars, including little | ||||||
23 | cigars; cheroots; stogies; periques; granulated,
plug cut, | ||||||
24 | crimp cut, ready rubbed, and other smoking tobacco; snuff | ||||||
25 | (including moist snuff) or snuff
flour; cavendish; plug and | ||||||
26 | twist tobacco; fine-cut and other chewing tobaccos;
shorts; |
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1 | refuse scraps, clippings, cuttings, and sweeping of tobacco; | ||||||
2 | and
other kinds and forms of tobacco, prepared in such manner | ||||||
3 | as to be suitable for
chewing or smoking in a pipe or | ||||||
4 | otherwise, or both for chewing and smoking; but
does not | ||||||
5 | include cigarettes as defined in Section 1 of the Cigarette Tax | ||||||
6 | Act or tobacco purchased for the manufacture of
cigarettes by | ||||||
7 | cigarette distributors and manufacturers defined in the
| ||||||
8 | Cigarette Tax Act and persons who make, manufacture, or | ||||||
9 | fabricate
cigarettes as a part of a Correctional Industries | ||||||
10 | program for sale to
residents incarcerated in penal | ||||||
11 | institutions or resident patients of a
State operated mental | ||||||
12 | health facility.
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13 | Beginning on July 1, 2019, "tobacco products" also includes
| ||||||
14 | electronic cigarettes. | ||||||
15 | "Wholesale price" means the established list price for | ||||||
16 | which a manufacturer
sells tobacco products to a distributor, | ||||||
17 | before the allowance of any discount,
trade allowance, rebate, | ||||||
18 | or other reduction.
In the absence of such an established list | ||||||
19 | price, the manufacturer's invoice
price at which the | ||||||
20 | manufacturer sells the tobacco product to unaffiliated
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21 | distributors, before any discounts, trade allowances, rebates, | ||||||
22 | or other
reductions, shall be presumed to be the wholesale | ||||||
23 | price.
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24 | "Wholesaler" means any person, wherever resident or | ||||||
25 | located, engaged in the
business of selling tobacco products to | ||||||
26 | others for the purpose of resale. "Wholesaler", when used in |
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1 | this Act, does not include a person licensed as a distributor | ||||||
2 | under Section 10-20 of this Act unless expressly stated in this | ||||||
3 | Act.
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4 | (Source: P.A. 101-31, eff. 6-28-19; 101-593, eff. 12-4-19.)
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5 | Section 10. The Civic Center Code is amended by changing | ||||||
6 | Section 245-12 as follows:
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7 | (70 ILCS 200/245-12)
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8 | Sec. 245-12. Use and occupation taxes.
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9 | (a) The Authority may adopt a resolution that authorizes a | ||||||
10 | referendum on
the
question of whether the Authority shall be | ||||||
11 | authorized to impose a retailers'
occupation tax, a service | ||||||
12 | occupation tax, and a use tax in one-quarter percent
increments | ||||||
13 | at a rate not to exceed 1%. The Authority shall certify the | ||||||
14 | question
to the proper election authorities who shall submit | ||||||
15 | the question to the voters
of the metropolitan area at the next | ||||||
16 | regularly scheduled election in accordance
with the general | ||||||
17 | election law. The question shall
be in substantially the | ||||||
18 | following form:
| ||||||
19 | "Shall the Salem Civic Center Authority be authorized to | ||||||
20 | impose a retailers'
occupation tax, a service occupation | ||||||
21 | tax, and a use tax at the rate of (rate)
for the sole | ||||||
22 | purpose of obtaining funds for the support, construction,
| ||||||
23 | maintenance, or financing of a facility of the Authority?"
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24 | Votes shall be recorded as "yes" or "no". |
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1 | If a majority of all votes cast on
the proposition are in | ||||||
2 | favor of the proposition, the Authority is authorized to
impose | ||||||
3 | the tax.
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4 | (b) The Authority shall impose the retailers'
occupation | ||||||
5 | tax upon all persons engaged in the business of selling | ||||||
6 | tangible
personal property at retail in the metropolitan area, | ||||||
7 | at the
rate approved by referendum, on the
gross receipts from | ||||||
8 | the sales made in the course of such business within
the | ||||||
9 | metropolitan area. Beginning December 1, 2019 and through | ||||||
10 | December 31, 2020, this tax is not imposed on sales of aviation | ||||||
11 | fuel unless the tax revenue is expended for airport-related | ||||||
12 | purposes. If the Authority does not have an airport-related | ||||||
13 | purpose to which it dedicates aviation fuel tax revenue, then | ||||||
14 | aviation fuel is excluded from the tax. The Authority must | ||||||
15 | comply with the certification requirements for airport-related | ||||||
16 | purposes under Section 2-22 of the Retailers' Occupation Tax | ||||||
17 | Act. For purposes of this Section, "airport-related purposes" | ||||||
18 | has the meaning ascribed in Section 6z-20.2 of the State | ||||||
19 | Finance Act. Beginning January 1, 2021, this tax is not imposed | ||||||
20 | on sales of aviation fuel for so long as the revenue use | ||||||
21 | requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are | ||||||
22 | binding on the Authority. | ||||||
23 | The tax imposed under this Section and all civil
penalties | ||||||
24 | that may be assessed as an incident thereof shall be collected
| ||||||
25 | and enforced by the Department of Revenue. The Department has
| ||||||
26 | full power to administer and enforce this Section; to collect |
| |||||||
| |||||||
1 | all taxes
and penalties so collected in the manner provided in | ||||||
2 | this Section; and to
determine
all rights to credit memoranda | ||||||
3 | arising on account of the erroneous payment
of tax or penalty | ||||||
4 | hereunder. In the administration of, and compliance with,
this | ||||||
5 | Section, the Department and persons who are subject to this | ||||||
6 | Section
shall (i) have the same rights, remedies, privileges, | ||||||
7 | immunities, powers and
duties, (ii) be subject to the same | ||||||
8 | conditions, restrictions, limitations,
penalties, exclusions, | ||||||
9 | exemptions, and definitions of terms, and (iii) employ
the same | ||||||
10 | modes of procedure as are prescribed in Sections 1,
1a, 1a-1, | ||||||
11 | 1c, 1d, 1e, 1f, 1i, 1j, 1k, 1m, 1n, 2, 2-5, 2-5.5, 2-10 (in | ||||||
12 | respect
to all provisions
therein other than the State rate of | ||||||
13 | tax), 2-12, 2-15 through 2-70, 2a, 2b, 2c, 3
(except as to
the
| ||||||
14 | disposition of taxes and penalties collected and provisions | ||||||
15 | related to
quarter monthly payments, and except that the | ||||||
16 | retailer's discount is not allowed for taxes paid on aviation | ||||||
17 | fuel that are subject to the revenue use requirements of 49 | ||||||
18 | U.S.C. 47107(b) and 49 U.S.C. 47133), 4, 5, 5a, 5b, 5c, 5d, 5e,
| ||||||
19 | 5f, 5g,
5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 11a, 12, | ||||||
20 | and 13 of
the Retailers' Occupation Tax Act and Section 3-7 of | ||||||
21 | the Uniform Penalty
and Interest Act, as fully as if those | ||||||
22 | provisions were set forth in this
subsection.
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23 | Persons subject to any tax imposed under this subsection | ||||||
24 | may reimburse
themselves for their seller's tax liability by | ||||||
25 | separately stating
the tax as an additional charge, which | ||||||
26 | charge may be stated in combination,
in a single amount, with |
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1 | State taxes that sellers are required to collect,
in accordance | ||||||
2 | with such bracket schedules as the
Department may prescribe.
| ||||||
3 | Whenever the Department determines that a refund should be | ||||||
4 | made under this
subsection to a claimant instead of issuing a | ||||||
5 | credit memorandum, the Department
shall notify the State | ||||||
6 | Comptroller, who shall cause the warrant to be drawn
for the | ||||||
7 | amount specified, and to the person named, in the notification
| ||||||
8 | from the Department. The refund shall be paid by the State | ||||||
9 | Treasurer out
of the tax fund referenced under
paragraph (g) of | ||||||
10 | this Section or the Local Government Aviation Trust Fund, as | ||||||
11 | appropriate.
| ||||||
12 | If a tax is imposed under this subsection (b), a tax shall | ||||||
13 | also be
imposed at the same rate under subsections (c) and (d) | ||||||
14 | of this Section.
| ||||||
15 | For the purpose of determining whether a tax authorized | ||||||
16 | under this Section
is applicable, a retail sale, by a producer | ||||||
17 | of coal or other mineral mined
in Illinois, is a sale at retail | ||||||
18 | at the place where the coal or other mineral
mined in Illinois | ||||||
19 | is extracted from the earth. This paragraph does not
apply to | ||||||
20 | coal or other mineral when it is delivered or shipped by the | ||||||
21 | seller
to the purchaser at a point outside Illinois so that the | ||||||
22 | sale is exempt
under the Federal Constitution as a sale in | ||||||
23 | interstate or foreign commerce.
| ||||||
24 | Nothing in this Section shall be construed to authorize the | ||||||
25 | Authority
to impose a tax upon the privilege of engaging in any
| ||||||
26 | business which under the Constitution of the United States may |
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| |||||||
1 | not be made
the subject of taxation by this State.
| ||||||
2 | (c) If a tax has been imposed under subsection (b), a
| ||||||
3 | service occupation tax shall
also be imposed at the same rate | ||||||
4 | upon all persons engaged, in the metropolitan
area, in the | ||||||
5 | business
of making sales of service, who, as an incident to | ||||||
6 | making those sales of
service, transfer tangible personal | ||||||
7 | property within the metropolitan area
as an
incident to a sale | ||||||
8 | of service.
The tax imposed under this subsection and all civil | ||||||
9 | penalties that may be
assessed as an incident thereof shall be | ||||||
10 | collected and enforced by the
Department of Revenue. | ||||||
11 | Beginning December 1, 2019 and through December 31, 2020, | ||||||
12 | this tax is not imposed on sales of aviation fuel unless the | ||||||
13 | tax revenue is expended for airport-related purposes. If the | ||||||
14 | Authority does not have an airport-related purpose to which it | ||||||
15 | dedicates aviation fuel tax revenue, then aviation fuel is | ||||||
16 | excluded from the tax. The Authority must comply with the | ||||||
17 | certification requirements for airport-related purposes under | ||||||
18 | Section 2-22 of the Retailers' Occupation Tax Act. Beginning | ||||||
19 | January 1, 2021, this tax is not imposed on sales of aviation | ||||||
20 | fuel for so long as the revenue use requirements of 49 U.S.C. | ||||||
21 | 47107(b) and 49 U.S.C. 47133 are binding on the Authority. | ||||||
22 | The Department has
full power to
administer and enforce | ||||||
23 | this paragraph; to collect all taxes and penalties
due | ||||||
24 | hereunder; to dispose of taxes and penalties so collected in | ||||||
25 | the manner
hereinafter provided; and to determine all rights to | ||||||
26 | credit memoranda
arising on account of the erroneous payment of |
| |||||||
| |||||||
1 | tax or penalty hereunder.
In the administration of, and | ||||||
2 | compliance with this paragraph, the
Department and persons who | ||||||
3 | are subject to this paragraph shall (i) have the
same rights, | ||||||
4 | remedies, privileges, immunities, powers, and duties, (ii) be
| ||||||
5 | subject to the same conditions, restrictions, limitations, | ||||||
6 | penalties,
exclusions, exemptions, and definitions of terms, | ||||||
7 | and (iii) employ the same
modes
of procedure as are prescribed | ||||||
8 | in Sections 2 (except that the
reference to State in the | ||||||
9 | definition of supplier maintaining a place of
business in this | ||||||
10 | State shall mean the metropolitan area), 2a, 2b, 3 through
3-55 | ||||||
11 | (in respect to all provisions therein other than the State rate | ||||||
12 | of
tax), 4 (except that the reference to the State shall be to | ||||||
13 | the Authority),
5, 7, 8 (except that the jurisdiction to which | ||||||
14 | the tax shall be a debt to
the extent indicated in that Section | ||||||
15 | 8 shall be the Authority), 9 (except as
to the disposition of | ||||||
16 | taxes and penalties collected, and except that
the returned | ||||||
17 | merchandise credit for this tax may not be taken against any
| ||||||
18 | State tax, and except that the retailer's discount is not | ||||||
19 | allowed for taxes paid on aviation fuel that are subject to the | ||||||
20 | revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. | ||||||
21 | 47133), 11, 12 (except the reference therein to Section 2b of | ||||||
22 | the
Retailers' Occupation Tax Act), 13 (except that any | ||||||
23 | reference to the State
shall mean the Authority), 15, 16,
17, | ||||||
24 | 18, 19 and 20 of the Service Occupation Tax Act and Section 3-7 | ||||||
25 | of
the Uniform Penalty and Interest Act, as fully as if those | ||||||
26 | provisions were
set forth herein.
|
| |||||||
| |||||||
1 | Persons subject to any tax imposed under the authority | ||||||
2 | granted in
this subsection may reimburse themselves for their | ||||||
3 | serviceman's tax liability
by separately stating the tax as an | ||||||
4 | additional charge, which
charge may be stated in combination, | ||||||
5 | in a single amount, with State tax
that servicemen are | ||||||
6 | authorized to collect under the Service Use Tax Act, in
| ||||||
7 | accordance with such bracket schedules as the Department may | ||||||
8 | prescribe.
| ||||||
9 | Whenever the Department determines that a refund should be | ||||||
10 | made under this
subsection to a claimant instead of issuing a | ||||||
11 | credit memorandum, the Department
shall notify the State | ||||||
12 | Comptroller, who shall cause the warrant to be drawn
for the | ||||||
13 | amount specified, and to the person named, in the notification
| ||||||
14 | from the Department. The refund shall be paid by the State | ||||||
15 | Treasurer out
of the tax fund referenced under
paragraph (g) of | ||||||
16 | this Section or the Local Government Aviation Trust Fund, as | ||||||
17 | appropriate.
| ||||||
18 | Nothing in this paragraph shall be construed to authorize | ||||||
19 | the Authority
to impose a tax upon the privilege of engaging in | ||||||
20 | any business which under
the Constitution of the United States | ||||||
21 | may not be made the subject of taxation
by the State.
| ||||||
22 | (d) If a tax has been imposed under subsection (b), a
use | ||||||
23 | tax shall
also be imposed at the same rate upon the privilege | ||||||
24 | of using, in the
metropolitan area, any item of
tangible | ||||||
25 | personal property that is purchased outside the metropolitan | ||||||
26 | area at
retail from a retailer, and that is titled or |
| |||||||
| |||||||
1 | registered at a location within
the metropolitan area with an | ||||||
2 | agency of
this State's government. "Selling price" is
defined | ||||||
3 | as in the Use Tax Act. The tax shall be collected from persons | ||||||
4 | whose
Illinois address for titling or registration purposes is | ||||||
5 | given as being in
the metropolitan area. The tax shall be | ||||||
6 | collected by the Department of Revenue
for
the Authority. The | ||||||
7 | tax must be paid to the State,
or an exemption determination | ||||||
8 | must be obtained from the Department of
Revenue, before the | ||||||
9 | title or certificate of registration for the property
may be | ||||||
10 | issued. The tax or proof of exemption may be transmitted to the
| ||||||
11 | Department by way of the State agency with which, or the State | ||||||
12 | officer with
whom, the tangible personal property must be | ||||||
13 | titled or registered if the
Department and the State agency or | ||||||
14 | State officer determine that this
procedure will expedite the | ||||||
15 | processing of applications for title or
registration.
| ||||||
16 | The Department has full power to administer and enforce | ||||||
17 | this
paragraph; to collect all taxes, penalties and interest | ||||||
18 | due hereunder; to
dispose of taxes, penalties and interest so | ||||||
19 | collected in the manner
hereinafter provided; and to determine | ||||||
20 | all rights to credit memoranda or
refunds arising on account of | ||||||
21 | the erroneous payment of tax, penalty or
interest hereunder. In | ||||||
22 | the administration of, and compliance with, this
subsection, | ||||||
23 | the Department and persons who are subject to this paragraph
| ||||||
24 | shall (i) have the same rights, remedies, privileges, | ||||||
25 | immunities, powers,
and duties, (ii) be subject to the same | ||||||
26 | conditions, restrictions, limitations,
penalties, exclusions, |
| |||||||
| |||||||
1 | exemptions, and definitions of terms,
and (iii) employ the same | ||||||
2 | modes of procedure as are prescribed in Sections 2
(except the | ||||||
3 | definition of "retailer maintaining a place of business in this
| ||||||
4 | State"),
3, 3-5, 3-10, 3-45, 3-55, 3-65, 3-70, 3-85, 3a,
4, 6, | ||||||
5 | 7, 8 (except that the jurisdiction to which the tax shall be a | ||||||
6 | debt to
the extent indicated in that Section 8 shall be the | ||||||
7 | Authority), 9 (except
provisions relating to quarter
monthly | ||||||
8 | payments), 10, 11, 12, 12a, 12b, 13, 14, 15, 19,
20, 21, and 22 | ||||||
9 | of the Use Tax Act and Section 3-7 of the Uniform Penalty
and | ||||||
10 | Interest Act, that are not inconsistent with this
paragraph, as | ||||||
11 | fully as if those provisions were set forth herein.
| ||||||
12 | Whenever the Department determines that a refund should be | ||||||
13 | made under this
subsection to a claimant instead of issuing a | ||||||
14 | credit memorandum, the Department
shall notify the State | ||||||
15 | Comptroller, who shall cause the order
to be drawn for the | ||||||
16 | amount specified, and to the person named, in the
notification | ||||||
17 | from the Department. The refund shall be paid by the State
| ||||||
18 | Treasurer out of the tax fund referenced
under paragraph (g) of | ||||||
19 | this Section.
| ||||||
20 | (e) A certificate of registration issued by the State | ||||||
21 | Department of
Revenue to a retailer under the Retailers' | ||||||
22 | Occupation Tax Act or under the
Service Occupation Tax Act | ||||||
23 | shall permit the registrant to engage in a
business that is | ||||||
24 | taxed under the tax imposed under paragraphs (b), (c),
or (d) | ||||||
25 | of this Section and no additional registration shall be | ||||||
26 | required.
A certificate issued under the Use Tax Act or the |
| |||||||
| |||||||
1 | Service Use Tax
Act shall be applicable with regard to any tax | ||||||
2 | imposed under paragraph (c)
of this Section.
| ||||||
3 | (f) The results of any election authorizing a proposition | ||||||
4 | to impose a tax
under this Section or effecting a change in the | ||||||
5 | rate of tax shall be certified
by the proper election | ||||||
6 | authorities and filed with the Illinois Department on or
before | ||||||
7 | the first day of April. In addition, an ordinance imposing,
| ||||||
8 | discontinuing, or effecting a change in the rate of tax under | ||||||
9 | this
Section shall be adopted and a certified copy thereof | ||||||
10 | filed with the
Department
on or before the first day of April. | ||||||
11 | After proper receipt of such
certifications, the Department | ||||||
12 | shall proceed to administer and enforce this
Section as of the | ||||||
13 | first day of July next following such adoption and filing.
| ||||||
14 | (g) Except as otherwise provided, the Department of Revenue | ||||||
15 | shall, upon collecting any taxes and penalties
as
provided in | ||||||
16 | this Section, pay the taxes and penalties over to the State
| ||||||
17 | Treasurer as
trustee for the Authority. The taxes and penalties | ||||||
18 | shall be held in a trust
fund outside
the State Treasury. Taxes | ||||||
19 | and penalties collected on aviation fuel sold on or after | ||||||
20 | December 1, 2019 and through December 31, 2020, shall be | ||||||
21 | immediately paid over by the Department to the State Treasurer, | ||||||
22 | ex officio, as trustee, for deposit into the Local Government | ||||||
23 | Aviation Trust Fund. The Department shall only pay moneys into | ||||||
24 | the Local Government Aviation Trust Fund under this Section for | ||||||
25 | so long as the revenue use requirements of 49 U.S.C. 47107(b) | ||||||
26 | and 49 U.S.C. 47133 are binding on the District. On or before |
| |||||||
| |||||||
1 | the 25th day of each calendar month, the
Department of Revenue | ||||||
2 | shall prepare and certify to the Comptroller of
the State of | ||||||
3 | Illinois the amount to be paid to the Authority, which shall be
| ||||||
4 | the balance in the fund, less any amount determined by the | ||||||
5 | Department
to be necessary for the payment of refunds and not | ||||||
6 | including taxes and penalties collected on aviation fuel sold | ||||||
7 | on or after December 1, 2019. Within 10 days after receipt by
| ||||||
8 | the Comptroller of the certification of the amount to be paid | ||||||
9 | to the
Authority, the Comptroller shall cause an order to be | ||||||
10 | drawn for payment
for the amount in accordance with the | ||||||
11 | directions contained in the
certification.
Amounts received | ||||||
12 | from the tax imposed under this Section shall be used only for
| ||||||
13 | the
support, construction, maintenance, or financing of a | ||||||
14 | facility of the
Authority.
| ||||||
15 | (h) When certifying the amount of a monthly disbursement to | ||||||
16 | the Authority
under this Section, the Department shall increase | ||||||
17 | or decrease the amounts by an
amount necessary to offset any | ||||||
18 | miscalculation of previous disbursements. The
offset amount | ||||||
19 | shall be the amount erroneously disbursed within the previous 6
| ||||||
20 | months from the time a miscalculation is discovered.
| ||||||
21 | (i) This Section may be cited as the Salem Civic Center Use | ||||||
22 | and Occupation
Tax Law.
| ||||||
23 | (j) Notwithstanding any other provision of law, no tax may
| ||||||
24 | be imposed under this Section on the sale or use of cannabis,
| ||||||
25 | as defined in Section 1-10 of the Cannabis Regulation and Tax
| ||||||
26 | Act. |
| |||||||
| |||||||
1 | (Source: P.A. 101-10, eff. 6-5-19; 101-604, eff. 12-13-19.)
| ||||||
2 | Section 15. The Flood Prevention District Act is amended by | ||||||
3 | changing Section 25 as follows:
| ||||||
4 | (70 ILCS 750/25)
| ||||||
5 | Sec. 25. Flood prevention retailers' and service | ||||||
6 | occupation taxes. | ||||||
7 | (a) If the Board of Commissioners of a flood prevention | ||||||
8 | district determines that an emergency situation exists | ||||||
9 | regarding levee repair or flood prevention, and upon an | ||||||
10 | ordinance confirming the determination adopted by the | ||||||
11 | affirmative vote of a majority of the members of the county | ||||||
12 | board of the county in which the district is situated, the | ||||||
13 | county may impose a flood prevention
retailers' occupation tax | ||||||
14 | upon all persons engaged in the business of
selling tangible | ||||||
15 | personal property at retail within the territory of the | ||||||
16 | district to provide revenue to pay the costs of providing | ||||||
17 | emergency levee repair and flood prevention and to secure the | ||||||
18 | payment of bonds, notes, and other evidences of indebtedness | ||||||
19 | issued under this Act for a period not to exceed 25 years or as | ||||||
20 | required to repay the bonds, notes, and other evidences of | ||||||
21 | indebtedness issued under this Act.
The tax rate shall be 0.25%
| ||||||
22 | of the gross receipts from all taxable sales made in the course | ||||||
23 | of that
business. Beginning December 1, 2019 and through | ||||||
24 | December 31, 2020, this tax is not imposed on sales of aviation |
| |||||||
| |||||||
1 | fuel unless the tax revenue is expended for airport-related | ||||||
2 | purposes. If the District does not have an airport-related | ||||||
3 | purpose to which it dedicates aviation fuel tax revenue, then | ||||||
4 | aviation fuel is excluded from the tax. The County must comply | ||||||
5 | with the certification requirements for airport-related | ||||||
6 | purposes under Section 2-22 of the Retailers' Occupation Tax | ||||||
7 | Act. The tax
imposed under this Section and all civil penalties | ||||||
8 | that may be
assessed as an incident thereof shall be collected | ||||||
9 | and enforced by the
State Department of Revenue. The Department | ||||||
10 | shall have full power to
administer and enforce this Section; | ||||||
11 | to collect all taxes and penalties
so collected in the manner | ||||||
12 | hereinafter provided; and to determine all
rights to credit | ||||||
13 | memoranda arising on account of the erroneous payment
of tax or | ||||||
14 | penalty hereunder. | ||||||
15 | For purposes of this Act, "airport-related purposes" has | ||||||
16 | the meaning ascribed in Section 6z-20.2 of the State Finance | ||||||
17 | Act. Beginning January 1, 2021, this tax is not imposed on | ||||||
18 | sales of aviation fuel for so long as the revenue use | ||||||
19 | requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are | ||||||
20 | binding on the District. | ||||||
21 | In the administration of and compliance with this | ||||||
22 | subsection, the Department and persons who are subject to this | ||||||
23 | subsection (i) have the same rights, remedies, privileges, | ||||||
24 | immunities, powers, and duties, (ii) are subject to the same | ||||||
25 | conditions, restrictions, limitations, penalties, and | ||||||
26 | definitions of terms, and (iii) shall employ the same modes of |
| |||||||
| |||||||
1 | procedure as are set forth in Sections 1 through 1o, 2 through | ||||||
2 | 2-70 (in respect to all provisions contained in those Sections | ||||||
3 | other than the State rate of tax), 2a through 2h, 3 (except as | ||||||
4 | to the disposition of taxes and penalties collected, and except | ||||||
5 | that the retailer's discount is not allowed for taxes paid on | ||||||
6 | aviation fuel that are subject to the revenue use requirements | ||||||
7 | of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 4, 5, 5a, 5b, 5c, | ||||||
8 | 5d, 5e, 5f, 5g, 5h, 5i, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, | ||||||
9 | 11a, 12, and 13 of the Retailers' Occupation Tax Act and all | ||||||
10 | provisions of the Uniform Penalty and Interest Act as if those | ||||||
11 | provisions were set forth in this subsection. | ||||||
12 | Persons subject to any tax imposed under this Section may | ||||||
13 | reimburse themselves for their seller's tax
liability | ||||||
14 | hereunder by separately stating the tax as an additional
| ||||||
15 | charge, which charge may be stated in combination in a single | ||||||
16 | amount
with State taxes that sellers are required to collect | ||||||
17 | under the Use
Tax Act, under any bracket schedules the
| ||||||
18 | Department may prescribe. | ||||||
19 | If a tax is imposed under this subsection (a), a tax shall | ||||||
20 | also
be imposed under subsection (b) of this Section. | ||||||
21 | (b) If a tax has been imposed under subsection (a), a flood | ||||||
22 | prevention service occupation
tax shall
also be imposed upon | ||||||
23 | all persons engaged within the territory of the district in
the | ||||||
24 | business of making sales of service, who, as an incident to | ||||||
25 | making the sales
of service, transfer tangible personal | ||||||
26 | property,
either in the form of tangible personal property or |
| |||||||
| |||||||
1 | in the form of real estate
as an incident to a sale of service | ||||||
2 | to provide revenue to pay the costs of providing emergency | ||||||
3 | levee repair and flood prevention and to secure the payment of | ||||||
4 | bonds, notes, and other evidences of indebtedness issued under | ||||||
5 | this Act for a period not to exceed 25 years or as required to | ||||||
6 | repay the bonds, notes, and other evidences of indebtedness. | ||||||
7 | The tax rate shall be 0.25% of the selling price
of all | ||||||
8 | tangible personal property transferred. Beginning December 1, | ||||||
9 | 2019 and through December 31, 2020, this tax is not imposed on | ||||||
10 | sales of aviation fuel unless the tax revenue is expended for | ||||||
11 | airport-related purposes. If the District does not have an | ||||||
12 | airport-related purpose to which it dedicates aviation fuel tax | ||||||
13 | revenue, then aviation fuel is excluded from the tax. The | ||||||
14 | County must comply with the certification requirements for | ||||||
15 | airport-related purposes under Section 2-22 of the Retailers' | ||||||
16 | Occupation Tax Act. For purposes of this Act, "airport-related | ||||||
17 | purposes" has the meaning ascribed in Section 6z-20.2 of the | ||||||
18 | State Finance Act. Beginning January 1, 2021, this tax is not | ||||||
19 | imposed on sales of aviation fuel for so long as the revenue | ||||||
20 | use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are | ||||||
21 | binding on the District. | ||||||
22 | The tax imposed under this subsection and all civil
| ||||||
23 | penalties that may be assessed as an incident thereof shall be | ||||||
24 | collected
and enforced by the State Department of Revenue. The | ||||||
25 | Department shall
have full power to administer and enforce this | ||||||
26 | subsection; to collect all
taxes and penalties due hereunder; |
| |||||||
| |||||||
1 | to dispose of taxes and penalties
collected in the manner | ||||||
2 | hereinafter provided; and to determine all
rights to credit | ||||||
3 | memoranda arising on account of the erroneous payment
of tax or | ||||||
4 | penalty hereunder. | ||||||
5 | In the administration of and compliance with this | ||||||
6 | subsection, the Department and persons who are subject to this | ||||||
7 | subsection shall (i) have the same rights, remedies, | ||||||
8 | privileges, immunities, powers, and duties, (ii) be subject to | ||||||
9 | the same conditions, restrictions, limitations, penalties, and | ||||||
10 | definitions of terms, and (iii) employ the same modes of | ||||||
11 | procedure as are set forth in Sections 2 (except that the | ||||||
12 | reference to State in the definition of supplier maintaining a | ||||||
13 | place of business in this State means the district), 2a through | ||||||
14 | 2d, 3 through 3-50 (in respect to all provisions contained in | ||||||
15 | those Sections other than the State rate of tax), 4 (except | ||||||
16 | that the reference to the State shall be to the district), 5, | ||||||
17 | 7, 8 (except that the jurisdiction to which the tax is a debt | ||||||
18 | to the extent indicated in that Section 8 is the district), 9 | ||||||
19 | (except as to the disposition of taxes and penalties collected, | ||||||
20 | and except that the retailer's discount is not allowed for | ||||||
21 | taxes paid on aviation fuel that are subject to the revenue use | ||||||
22 | requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 10, | ||||||
23 | 11, 12 (except the reference therein to Section 2b of the | ||||||
24 | Retailers' Occupation Tax Act), 13 (except that any reference | ||||||
25 | to the State means the district), Section 15, 16, 17, 18, 19, | ||||||
26 | and 20 of the Service Occupation Tax Act and all provisions of |
| |||||||
| |||||||
1 | the Uniform Penalty and Interest Act, as fully as if those | ||||||
2 | provisions were set forth herein. | ||||||
3 | Persons subject to any tax imposed under the authority | ||||||
4 | granted
in this subsection may reimburse themselves for their | ||||||
5 | serviceman's tax
liability hereunder by separately stating the | ||||||
6 | tax as an additional
charge, that charge may be stated in | ||||||
7 | combination in a single amount
with State tax that servicemen | ||||||
8 | are authorized to collect under the
Service Use Tax Act, under | ||||||
9 | any bracket schedules the
Department may prescribe. | ||||||
10 | (c) The taxes imposed in subsections (a) and (b) may not be | ||||||
11 | imposed on personal property titled or registered with an | ||||||
12 | agency of the State or on personal property taxed at the 1% | ||||||
13 | rate under the Retailers' Occupation Tax Act and the Service | ||||||
14 | Occupation Tax Act. | ||||||
15 | (d) Nothing in this Section shall be construed to authorize | ||||||
16 | the
district to impose a tax upon the privilege of engaging in | ||||||
17 | any business
that under the Constitution of the United States | ||||||
18 | may not be made the
subject of taxation by the State. | ||||||
19 | (e) The certificate of registration that is issued by the | ||||||
20 | Department to a retailer under the Retailers' Occupation Tax | ||||||
21 | Act or a serviceman under the Service Occupation Tax Act | ||||||
22 | permits the retailer or serviceman to engage in a business that | ||||||
23 | is taxable without registering separately with the Department | ||||||
24 | under an ordinance or resolution under this Section. | ||||||
25 | (f) Except as otherwise provided, the Department shall | ||||||
26 | immediately pay over to the State Treasurer, ex officio, as |
| |||||||
| |||||||
1 | trustee, all taxes and penalties collected under this Section | ||||||
2 | to be deposited into the Flood Prevention Occupation Tax Fund, | ||||||
3 | which shall be an unappropriated trust fund held outside the | ||||||
4 | State treasury. Taxes and penalties collected on aviation fuel | ||||||
5 | sold on or after December 1, 2019 and through December 31, | ||||||
6 | 2020, shall be immediately paid over by the Department to the | ||||||
7 | State Treasurer, ex officio, as trustee, for deposit into the | ||||||
8 | Local Government Aviation Trust Fund. The Department shall only | ||||||
9 | pay moneys into the Local Government Aviation Trust Fund under | ||||||
10 | this Act for so long as the revenue use requirements of 49 | ||||||
11 | U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the | ||||||
12 | District. | ||||||
13 | On or before the 25th day of each calendar month, the | ||||||
14 | Department shall prepare and certify to the Comptroller the | ||||||
15 | disbursement of stated sums of money to the counties from which | ||||||
16 | retailers or servicemen have paid taxes or penalties to the | ||||||
17 | Department during the second preceding calendar month. The | ||||||
18 | amount to be paid to each county is equal to the amount (not | ||||||
19 | including credit memoranda and not including taxes and | ||||||
20 | penalties collected on aviation fuel sold on or after December | ||||||
21 | 1, 2019 and through December 31, 2020) collected from the | ||||||
22 | county under this Section during the second preceding calendar | ||||||
23 | month by the Department, (i) less 2% of that amount (except the | ||||||
24 | amount collected on aviation fuel sold on or after December 1, | ||||||
25 | 2019 and through December 31, 2020), which shall be deposited | ||||||
26 | into the Tax Compliance and Administration Fund and shall be |
| |||||||
| |||||||
1 | used by the Department in administering and enforcing the | ||||||
2 | provisions of this Section on behalf of the county, (ii) plus | ||||||
3 | an amount that the Department determines is necessary to offset | ||||||
4 | any amounts that were erroneously paid to a different taxing | ||||||
5 | body; (iii) less an amount equal to the amount of refunds made | ||||||
6 | during the second preceding calendar month by the Department on | ||||||
7 | behalf of the county; and (iv) less any amount that the | ||||||
8 | Department determines is necessary to offset any amounts that | ||||||
9 | were payable to a different taxing body but were erroneously | ||||||
10 | paid to the county. When certifying the amount of a monthly | ||||||
11 | disbursement to a county under this Section, the Department | ||||||
12 | shall increase or decrease the amounts by an amount necessary | ||||||
13 | to offset any miscalculation of previous disbursements within | ||||||
14 | the previous 6 months from the time a miscalculation is | ||||||
15 | discovered. | ||||||
16 | Within 10 days after receipt by the Comptroller from the | ||||||
17 | Department of the disbursement certification to the counties | ||||||
18 | provided for in this Section, the Comptroller shall cause the | ||||||
19 | orders to be drawn for the respective amounts in accordance | ||||||
20 | with directions contained in the certification. | ||||||
21 | If the Department determines that a refund should be made | ||||||
22 | under this Section to a claimant instead of issuing a credit | ||||||
23 | memorandum, then the Department shall notify the Comptroller, | ||||||
24 | who shall cause the order to be drawn for the amount specified | ||||||
25 | and to the person named in the notification from the | ||||||
26 | Department. The refund shall be paid by the Treasurer out of |
| |||||||
| |||||||
1 | the Flood Prevention Occupation Tax Fund or the Local | ||||||
2 | Government Aviation Trust Fund, as appropriate. | ||||||
3 | (g) If a county imposes a tax under this Section, then the | ||||||
4 | county board shall, by ordinance, discontinue the tax upon the | ||||||
5 | payment of all indebtedness of the flood prevention district. | ||||||
6 | The tax shall not be discontinued until all indebtedness of the | ||||||
7 | District has been paid. | ||||||
8 | (h) Any ordinance imposing the tax under this Section, or | ||||||
9 | any ordinance that discontinues the tax, must be certified by | ||||||
10 | the county clerk and filed with the Illinois Department of | ||||||
11 | Revenue either (i) on or before the first day of April, | ||||||
12 | whereupon the Department shall proceed to administer and | ||||||
13 | enforce the tax or change in the rate as of the first day of | ||||||
14 | July next following the filing; or (ii) on or before the first | ||||||
15 | day of October, whereupon the Department shall proceed to | ||||||
16 | administer and enforce the tax or change in the rate as of the | ||||||
17 | first day of January next following the filing. | ||||||
18 | (j) County Flood Prevention Occupation Tax Fund. All | ||||||
19 | proceeds received by a county from a tax distribution under | ||||||
20 | this Section must be maintained in a special fund known as the | ||||||
21 | [name of county] flood prevention occupation tax fund. The | ||||||
22 | county shall, at the direction of the flood prevention | ||||||
23 | district, use moneys in the fund to pay the costs of providing | ||||||
24 | emergency levee repair and flood prevention and to pay bonds, | ||||||
25 | notes, and other evidences of indebtedness issued under this | ||||||
26 | Act. |
| |||||||
| |||||||
1 | (k) This Section may be cited as the Flood Prevention | ||||||
2 | Occupation Tax Law.
| ||||||
3 | (l) Notwithstanding any other provision of law, no tax may
| ||||||
4 | be imposed under this Section on the sale or use of cannabis, | ||||||
5 | as defined in Section 1-10 of the Cannabis Regulation and Tax
| ||||||
6 | Act. | ||||||
7 | (Source: P.A. 100-1171, eff. 1-4-19; 101-10, eff. 6-5-19; | ||||||
8 | 101-604, eff. 12-13-19.)
| ||||||
9 | Section 20. The Metro-East Park and Recreation District Act | ||||||
10 | is amended by changing Section 30 as follows:
| ||||||
11 | (70 ILCS 1605/30)
| ||||||
12 | Sec. 30. Taxes.
| ||||||
13 | (a) The board shall impose a
tax upon all persons engaged | ||||||
14 | in the business of selling tangible personal
property, other | ||||||
15 | than personal property titled or registered with an agency of
| ||||||
16 | this State's government,
at retail in the District on the gross | ||||||
17 | receipts from the
sales made in the course of business.
This | ||||||
18 | tax
shall be imposed only at the rate of one-tenth of one per | ||||||
19 | cent.
| ||||||
20 | This additional tax may not be imposed on tangible personal | ||||||
21 | property taxed at the 1% rate under the Retailers' Occupation | ||||||
22 | Tax Act. Beginning December 1, 2019 and through December 31, | ||||||
23 | 2020, this tax is not imposed on sales of aviation fuel unless | ||||||
24 | the tax revenue is expended for airport-related purposes. If |
| |||||||
| |||||||
1 | the District does not have an airport-related purpose to which | ||||||
2 | it dedicates aviation fuel tax revenue, then aviation fuel | ||||||
3 | shall be excluded from tax. The board must comply with the | ||||||
4 | certification requirements for airport-related purposes under | ||||||
5 | Section 2-22 of the Retailers' Occupation Tax Act. For purposes | ||||||
6 | of this Act, "airport-related purposes" has the meaning | ||||||
7 | ascribed in Section 6z-20.2 of the State Finance Act. Beginning | ||||||
8 | January 1, 2021, this tax is not imposed on sales of aviation | ||||||
9 | fuel for so long as the revenue use requirements of 49 U.S.C. | ||||||
10 | 47107(b) and 49 U.S.C. 47133 are binding on the District.
The | ||||||
11 | tax imposed by the Board under this Section and
all civil | ||||||
12 | penalties that may be assessed as an incident of the tax shall | ||||||
13 | be
collected and enforced by the Department of Revenue. The | ||||||
14 | certificate
of registration that is issued by the Department to | ||||||
15 | a retailer under the
Retailers' Occupation Tax Act shall permit | ||||||
16 | the retailer to engage in a business
that is taxable without | ||||||
17 | registering separately with the Department under an
ordinance | ||||||
18 | or resolution under this Section. The Department has full
power | ||||||
19 | to administer and enforce this Section, to collect all taxes | ||||||
20 | and
penalties due under this Section, to dispose of taxes and | ||||||
21 | penalties so
collected in the manner provided in this Section, | ||||||
22 | and to determine
all rights to credit memoranda arising on | ||||||
23 | account of the erroneous payment of
a tax or penalty under this | ||||||
24 | Section. In the administration of and compliance
with this | ||||||
25 | Section, the Department and persons who are subject to this | ||||||
26 | Section
shall (i) have the same rights, remedies, privileges, |
| |||||||
| |||||||
1 | immunities, powers, and
duties, (ii) be subject to the same | ||||||
2 | conditions, restrictions, limitations,
penalties, and | ||||||
3 | definitions of terms, and (iii) employ the same modes of
| ||||||
4 | procedure as are prescribed in Sections 1, 1a, 1a-1, 1d, 1e, | ||||||
5 | 1f,
1i, 1j,
1k, 1m, 1n,
2,
2-5, 2-5.5, 2-10 (in respect to all | ||||||
6 | provisions contained in those Sections
other than the
State | ||||||
7 | rate of tax), 2-12, 2-15 through 2-70, 2a, 2b, 2c, 3 (except | ||||||
8 | provisions
relating to
transaction returns and quarter monthly | ||||||
9 | payments, and except that the retailer's discount is not | ||||||
10 | allowed for taxes paid on aviation fuel that are subject to the | ||||||
11 | revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. | ||||||
12 | 47133), 4, 5, 5a, 5b, 5c, 5d, 5e,
5f,
5g, 5h, 5i, 5j, 5k, 5l, 6, | ||||||
13 | 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 11a, 12, and 13 of the
| ||||||
14 | Retailers' Occupation Tax Act and the Uniform Penalty and
| ||||||
15 | Interest Act as if those provisions were set forth in this | ||||||
16 | Section.
| ||||||
17 | Persons subject to any tax imposed under the authority | ||||||
18 | granted in this
Section may reimburse themselves for their | ||||||
19 | sellers' tax liability by
separately stating the tax as an | ||||||
20 | additional charge, which charge may be stated
in combination, | ||||||
21 | in a single amount, with State tax which sellers are required
| ||||||
22 | to collect under the Use Tax Act, pursuant to such bracketed | ||||||
23 | schedules as the
Department may prescribe.
| ||||||
24 | Whenever the Department determines that a refund should be | ||||||
25 | made under this
Section to a claimant instead of issuing a | ||||||
26 | credit memorandum, the Department
shall notify the State |
| |||||||
| |||||||
1 | Comptroller, who shall cause the order to be drawn for
the | ||||||
2 | amount specified and to the person named in the notification | ||||||
3 | from the
Department. The refund shall be paid by the State | ||||||
4 | Treasurer out of the
State Metro-East Park and Recreation | ||||||
5 | District Fund or the Local Government Aviation Trust Fund, as | ||||||
6 | appropriate.
| ||||||
7 | (b) If a tax has been imposed under subsection (a), a
| ||||||
8 | service occupation tax shall
also be imposed at the same rate | ||||||
9 | upon all persons engaged, in the District, in
the business
of | ||||||
10 | making sales of service, who, as an incident to making those | ||||||
11 | sales of
service, transfer tangible personal property within | ||||||
12 | the District
as an
incident to a sale of service.
This tax may | ||||||
13 | not be imposed on tangible personal property taxed at the 1% | ||||||
14 | rate under the Service Occupation Tax Act. Beginning December | ||||||
15 | 1, 2019 and through December 31, 2020, this tax may not be | ||||||
16 | imposed on sales of aviation fuel unless the tax revenue is | ||||||
17 | expended for airport-related purposes. If the District does not | ||||||
18 | have an airport-related purpose to which it dedicates aviation | ||||||
19 | fuel tax revenue, then aviation fuel shall be excluded from | ||||||
20 | tax. The board must comply with the certification requirements | ||||||
21 | for airport-related purposes under Section 2-22 of the | ||||||
22 | Retailers' Occupation Tax Act. For purposes of this Act, | ||||||
23 | "airport-related purposes" has the meaning ascribed in Section | ||||||
24 | 6z-20.2 of the State Finance Act. Beginning January 1, 2021, | ||||||
25 | this tax is not imposed on sales of aviation fuel for so long | ||||||
26 | as the revenue use requirements of 49 U.S.C. 47107(b) and 49 |
| |||||||
| |||||||
1 | U.S.C. 47133 are binding on the District.
The tax imposed under | ||||||
2 | this subsection and all civil penalties that may be
assessed as | ||||||
3 | an incident thereof shall be collected and enforced by the
| ||||||
4 | Department of Revenue. The Department has
full power to
| ||||||
5 | administer and enforce this subsection; to collect all taxes | ||||||
6 | and penalties
due hereunder; to dispose of taxes and penalties | ||||||
7 | so collected in the manner
hereinafter provided; and to | ||||||
8 | determine all rights to credit memoranda
arising on account of | ||||||
9 | the erroneous payment of tax or penalty hereunder.
In the | ||||||
10 | administration of, and compliance with this subsection, the
| ||||||
11 | Department and persons who are subject to this paragraph shall | ||||||
12 | (i) have the
same rights, remedies, privileges, immunities, | ||||||
13 | powers, and duties, (ii) be
subject to the same conditions, | ||||||
14 | restrictions, limitations, penalties,
exclusions, exemptions, | ||||||
15 | and definitions of terms, and (iii) employ the same
modes
of | ||||||
16 | procedure as are prescribed in Sections 2 (except that the
| ||||||
17 | reference to State in the definition of supplier maintaining a | ||||||
18 | place of
business in this State shall mean the District), 2a, | ||||||
19 | 2b, 2c, 3 through
3-50 (in respect to all provisions therein | ||||||
20 | other than the State rate of
tax), 4 (except that the reference | ||||||
21 | to the State shall be to the District),
5, 7, 8 (except that | ||||||
22 | the jurisdiction to which the tax shall be a debt to
the extent | ||||||
23 | indicated in that Section 8 shall be the District), 9 (except | ||||||
24 | as
to the disposition of taxes and penalties collected, and | ||||||
25 | except that the retailer's discount is not allowed for taxes | ||||||
26 | paid on aviation fuel that are subject to the revenue use |
| |||||||
| |||||||
1 | requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 10, | ||||||
2 | 11, 12 (except the
reference therein to Section 2b of the
| ||||||
3 | Retailers' Occupation Tax Act), 13 (except that any reference | ||||||
4 | to the State
shall mean the District), Sections 15, 16,
17, 18, | ||||||
5 | 19 and 20 of the Service Occupation Tax Act and
the Uniform | ||||||
6 | Penalty and Interest Act, as fully as if those provisions were
| ||||||
7 | set forth herein.
| ||||||
8 | Persons subject to any tax imposed under the authority | ||||||
9 | granted in
this subsection may reimburse themselves for their | ||||||
10 | serviceman's tax liability
by separately stating the tax as an | ||||||
11 | additional charge, which
charge may be stated in combination, | ||||||
12 | in a single amount, with State tax
that servicemen are | ||||||
13 | authorized to collect under the Service Use Tax Act, in
| ||||||
14 | accordance with such bracket schedules as the Department may | ||||||
15 | prescribe.
| ||||||
16 | Whenever the Department determines that a refund should be | ||||||
17 | made under this
subsection to a claimant instead of issuing a | ||||||
18 | credit memorandum, the Department
shall notify the State | ||||||
19 | Comptroller, who shall cause the warrant to be drawn
for the | ||||||
20 | amount specified, and to the person named, in the notification
| ||||||
21 | from the Department. The refund shall be paid by the State | ||||||
22 | Treasurer out
of the
State Metro-East Park and Recreation | ||||||
23 | District Fund or the Local Government Aviation Trust Fund, as | ||||||
24 | appropriate.
| ||||||
25 | Nothing in this subsection shall be construed to authorize | ||||||
26 | the board
to impose a tax upon the privilege of engaging in any |
| |||||||
| |||||||
1 | business which under
the Constitution of the United States may | ||||||
2 | not be made the subject of taxation
by the State.
| ||||||
3 | (c) Except as otherwise provided in this paragraph, the | ||||||
4 | Department shall immediately pay over to the State Treasurer, | ||||||
5 | ex
officio,
as trustee, all taxes and penalties collected under | ||||||
6 | this Section to be
deposited into the
State Metro-East Park and | ||||||
7 | Recreation District Fund, which
shall be an unappropriated | ||||||
8 | trust fund held outside of the State treasury. Taxes and | ||||||
9 | penalties collected on aviation fuel sold on or after December | ||||||
10 | 1, 2019 and through December 31, 2020, shall be immediately | ||||||
11 | paid over by the Department to the State Treasurer, ex officio, | ||||||
12 | as trustee, for deposit into the Local Government Aviation | ||||||
13 | Trust Fund. The Department shall only pay moneys into the Local | ||||||
14 | Government Aviation Trust Fund under this Act for so long as | ||||||
15 | the revenue use requirements of 49 U.S.C. 47107(b) and 49 | ||||||
16 | U.S.C. 47133 are binding on the District. | ||||||
17 | As soon as possible after the first day of each month, | ||||||
18 | beginning January 1, 2011, upon certification of the Department | ||||||
19 | of Revenue, the Comptroller shall order transferred, and the | ||||||
20 | Treasurer shall transfer, to the STAR Bonds Revenue Fund the | ||||||
21 | local sales tax increment, as defined in the Innovation | ||||||
22 | Development and Economy Act, collected under this Section | ||||||
23 | during the second preceding calendar month for sales within a | ||||||
24 | STAR bond district. The Department shall make this | ||||||
25 | certification only if the Metro East Park and Recreation | ||||||
26 | District imposes a tax on real property as provided in the |
| |||||||
| |||||||
1 | definition of "local sales taxes" under the Innovation | ||||||
2 | Development and Economy Act. | ||||||
3 | After the monthly transfer to the STAR Bonds Revenue Fund, | ||||||
4 | on
or before the 25th
day of each calendar month, the | ||||||
5 | Department shall prepare and certify to the
Comptroller the | ||||||
6 | disbursement of stated sums of money
pursuant to Section 35 of | ||||||
7 | this Act to the District from which retailers have
paid
taxes | ||||||
8 | or penalties to the Department during the second preceding
| ||||||
9 | calendar month. The amount to be paid to the District shall be | ||||||
10 | the amount (not
including credit memoranda and not including | ||||||
11 | taxes and penalties collected on aviation fuel sold on or after | ||||||
12 | December 1, 2019 and through December 31, 2020) collected under | ||||||
13 | this Section during the second
preceding
calendar month by the | ||||||
14 | Department plus an amount the Department determines is
| ||||||
15 | necessary to offset any amounts that were erroneously paid to a | ||||||
16 | different
taxing body, and not including (i) an amount equal to | ||||||
17 | the amount of refunds
made
during the second preceding calendar | ||||||
18 | month by the Department on behalf of
the District, (ii) any | ||||||
19 | amount that the Department determines is
necessary to offset | ||||||
20 | any amounts that were payable to a different taxing body
but | ||||||
21 | were erroneously paid to the District, (iii) any amounts that | ||||||
22 | are transferred to the STAR Bonds Revenue Fund, and (iv) 1.5% | ||||||
23 | of the remainder, which the Department shall transfer into the | ||||||
24 | Tax Compliance and Administration Fund. The Department, at the | ||||||
25 | time of each monthly disbursement to the District, shall | ||||||
26 | prepare and certify to the State Comptroller the amount to be |
| |||||||
| |||||||
1 | transferred into the Tax Compliance and Administration Fund | ||||||
2 | under this subsection. Within 10 days after receipt by the
| ||||||
3 | Comptroller of the disbursement certification to the District | ||||||
4 | and the Tax Compliance and Administration Fund provided for in
| ||||||
5 | this Section to be given to the Comptroller by the Department, | ||||||
6 | the Comptroller
shall cause the orders to be drawn for the | ||||||
7 | respective amounts in accordance
with directions contained in | ||||||
8 | the certification.
| ||||||
9 | (d) For the purpose of determining
whether a tax authorized | ||||||
10 | under this Section is
applicable, a retail sale by a producer | ||||||
11 | of coal or another mineral mined in
Illinois is a sale at | ||||||
12 | retail at the place where the coal or other mineral mined
in | ||||||
13 | Illinois is extracted from the earth. This paragraph does not | ||||||
14 | apply to coal
or another mineral when it is delivered or | ||||||
15 | shipped by the seller to the
purchaser
at a point outside | ||||||
16 | Illinois so that the sale is exempt under the United States
| ||||||
17 | Constitution as a sale in interstate or foreign commerce.
| ||||||
18 | (e) Nothing in this Section shall be construed to authorize | ||||||
19 | the board to
impose a
tax upon the privilege of engaging in any | ||||||
20 | business that under the Constitution
of the United States may | ||||||
21 | not be made the subject of taxation by this State.
| ||||||
22 | (f) An ordinance imposing a tax under this Section or an | ||||||
23 | ordinance extending
the
imposition of a tax to an additional | ||||||
24 | county or counties
shall be certified
by the
board and filed | ||||||
25 | with the Department of Revenue
either (i) on or
before the | ||||||
26 | first day of April, whereupon the Department shall proceed to
|
| |||||||
| |||||||
1 | administer and enforce the tax as of the first day of July next | ||||||
2 | following
the filing; or (ii)
on or before the first day of | ||||||
3 | October, whereupon the
Department shall proceed to administer | ||||||
4 | and enforce the tax as of the first
day of January next | ||||||
5 | following the filing.
| ||||||
6 | (g) When certifying the amount of a monthly disbursement to | ||||||
7 | the District
under
this
Section, the Department shall increase | ||||||
8 | or decrease the amounts by an amount
necessary to offset any | ||||||
9 | misallocation of previous disbursements. The offset
amount | ||||||
10 | shall be the amount erroneously disbursed within the previous 6 | ||||||
11 | months
from the time a misallocation is discovered.
| ||||||
12 | (h) Notwithstanding any other provision of law, no tax may
| ||||||
13 | be imposed under this Section on the sale or use of cannabis,
| ||||||
14 | as defined in Section 1-10 of the Cannabis Regulation and Tax
| ||||||
15 | Act. | ||||||
16 | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; | ||||||
17 | 100-1171, eff. 1-4-19; 101-10, eff. 6-5-19; 101-81, eff. | ||||||
18 | 7-12-19; 101-604, eff. 12-13-19.)
| ||||||
19 | Section 25. The Local Mass Transit District Act is amended | ||||||
20 | by changing Section 5.01 as follows:
| ||||||
21 | (70 ILCS 3610/5.01)
(from Ch. 111 2/3, par. 355.01)
| ||||||
22 | Sec. 5.01. Metro East Mass Transit District; use and | ||||||
23 | occupation taxes.
| ||||||
24 | (a) The Board of Trustees of any Metro East Mass Transit
|
| |||||||
| |||||||
1 | District may, by ordinance adopted with the concurrence of | ||||||
2 | two-thirds of
the then trustees, impose throughout the District | ||||||
3 | any or all of the taxes and
fees provided in this Section. | ||||||
4 | Except as otherwise provided, all taxes and fees imposed under | ||||||
5 | this Section
shall be used only for public mass transportation | ||||||
6 | systems, and the amount used
to provide mass transit service to | ||||||
7 | unserved areas of the District shall be in
the same proportion | ||||||
8 | to the total proceeds as the number of persons residing in
the | ||||||
9 | unserved areas is to the total population of the District. | ||||||
10 | Except as
otherwise provided in this Act, taxes imposed under
| ||||||
11 | this Section and civil penalties imposed incident thereto shall | ||||||
12 | be
collected and enforced by the State Department of Revenue.
| ||||||
13 | The Department shall have the power to administer and enforce | ||||||
14 | the taxes
and to determine all rights for refunds for erroneous | ||||||
15 | payments of the taxes.
| ||||||
16 | (b) The Board may impose a Metro East Mass Transit District | ||||||
17 | Retailers'
Occupation Tax upon all persons engaged in the | ||||||
18 | business of selling tangible
personal property at retail in the | ||||||
19 | district at a rate of 1/4 of 1%, or as
authorized under | ||||||
20 | subsection (d-5) of this Section, of the
gross receipts from | ||||||
21 | the sales made in the course of such business within
the | ||||||
22 | district, except that the rate of tax imposed under this | ||||||
23 | Section on sales of aviation fuel on or after December 1, 2019 | ||||||
24 | shall be 0.25% in Madison County unless the Metro-East Mass | ||||||
25 | Transit District in Madison County has an "airport-related | ||||||
26 | purpose" and any additional amount authorized under subsection |
| |||||||
| |||||||
1 | (d-5) is expended for airport-related purposes. If there is no | ||||||
2 | airport-related purpose to which aviation fuel tax revenue is | ||||||
3 | dedicated, then aviation fuel is excluded from any additional | ||||||
4 | amount authorized under subsection (d-5). The rate in St. Clair | ||||||
5 | County shall be 0.25% unless the Metro-East Mass Transit | ||||||
6 | District in St. Clair County has an "airport-related purpose" | ||||||
7 | and the additional 0.50% of the 0.75% tax on aviation fuel | ||||||
8 | imposed in that County is expended for airport-related | ||||||
9 | purposes. If there is no airport-related purpose to which | ||||||
10 | aviation fuel tax revenue is dedicated, then aviation fuel is | ||||||
11 | excluded from the additional 0.50% of the 0.75% tax. | ||||||
12 | The Board must comply with the certification requirements | ||||||
13 | for airport-related purposes under Section 2-22 of the | ||||||
14 | Retailers' Occupation Tax Act. For purposes of this Section, | ||||||
15 | "airport-related purposes" has the meaning ascribed in Section | ||||||
16 | 6z-20.2 of the State Finance Act. This exclusion for aviation | ||||||
17 | fuel only applies for so long as the revenue use requirements | ||||||
18 | of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the | ||||||
19 | District. | ||||||
20 | The tax imposed under this Section and all civil
penalties | ||||||
21 | that may be assessed as an incident thereof shall be collected
| ||||||
22 | and enforced by the State Department of Revenue. The Department | ||||||
23 | shall have
full power to administer and enforce this Section; | ||||||
24 | to collect all taxes
and penalties so collected in the manner | ||||||
25 | hereinafter provided; and to determine
all rights to credit | ||||||
26 | memoranda arising on account of the erroneous payment
of tax or |
| |||||||
| |||||||
1 | penalty hereunder. In the administration of, and compliance | ||||||
2 | with,
this Section, the Department and persons who are subject | ||||||
3 | to this Section
shall have the same rights, remedies, | ||||||
4 | privileges, immunities, powers and
duties, and be subject to | ||||||
5 | the same conditions, restrictions, limitations,
penalties, | ||||||
6 | exclusions, exemptions and definitions of terms and employ
the | ||||||
7 | same modes of procedure, as are prescribed in Sections 1, 1a, | ||||||
8 | 1a-1,
1c, 1d, 1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all | ||||||
9 | provisions
therein other than the State rate of tax), 2c, 3 | ||||||
10 | (except as to the
disposition of taxes and penalties collected, | ||||||
11 | and except that the retailer's discount is not allowed for | ||||||
12 | taxes paid on aviation fuel that are subject to the revenue use | ||||||
13 | requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 4, 5, | ||||||
14 | 5a, 5c, 5d, 5e, 5f,
5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, | ||||||
15 | 7, 8, 9, 10, 11, 12, 13, and 14 of
the Retailers' Occupation | ||||||
16 | Tax Act and Section 3-7 of the Uniform Penalty
and Interest | ||||||
17 | Act, as fully as if those provisions were set forth herein.
| ||||||
18 | Persons subject to any tax imposed under the Section may | ||||||
19 | reimburse
themselves for their seller's tax liability | ||||||
20 | hereunder by separately stating
the tax as an additional | ||||||
21 | charge, which charge may be stated in combination,
in a single | ||||||
22 | amount, with State taxes that sellers are required to collect
| ||||||
23 | under the Use Tax Act, in accordance with such bracket | ||||||
24 | schedules as the
Department may prescribe.
| ||||||
25 | Whenever the Department determines that a refund should be | ||||||
26 | made under this
Section to a claimant instead of issuing a |
| |||||||
| |||||||
1 | credit memorandum, the Department
shall notify the State | ||||||
2 | Comptroller, who shall cause the warrant to be drawn
for the | ||||||
3 | amount specified, and to the person named, in the notification
| ||||||
4 | from the Department. The refund shall be paid by the State | ||||||
5 | Treasurer out
of the Metro East Mass Transit District tax fund | ||||||
6 | established under
paragraph (h)
of this Section or the Local | ||||||
7 | Government Aviation Trust Fund, as appropriate.
| ||||||
8 | If a tax is imposed under this subsection (b), a tax shall | ||||||
9 | also be
imposed under subsections (c) and (d) of this Section.
| ||||||
10 | For the purpose of determining whether a tax authorized | ||||||
11 | under this Section
is applicable, a retail sale, by a producer | ||||||
12 | of coal or other mineral mined
in Illinois, is a sale at retail | ||||||
13 | at the place where the coal or other mineral
mined in Illinois | ||||||
14 | is extracted from the earth. This paragraph does not
apply to | ||||||
15 | coal or other mineral when it is delivered or shipped by the | ||||||
16 | seller
to the purchaser at a point outside Illinois so that the | ||||||
17 | sale is exempt
under the Federal Constitution as a sale in | ||||||
18 | interstate or foreign commerce.
| ||||||
19 | No tax shall be imposed or collected under this subsection | ||||||
20 | on the sale of a motor vehicle in this State to a resident of | ||||||
21 | another state if that motor vehicle will not be titled in this | ||||||
22 | State.
| ||||||
23 | Nothing in this Section shall be construed to authorize the | ||||||
24 | Metro East
Mass Transit District to impose a tax upon the | ||||||
25 | privilege of engaging in any
business which under the | ||||||
26 | Constitution of the United States may not be made
the subject |
| |||||||
| |||||||
1 | of taxation by this State.
| ||||||
2 | (c) If a tax has been imposed under subsection (b), a Metro | ||||||
3 | East Mass
Transit District Service Occupation Tax shall
also be | ||||||
4 | imposed upon all persons engaged, in the district, in the | ||||||
5 | business
of making sales of service, who, as an incident to | ||||||
6 | making those sales of
service, transfer tangible personal | ||||||
7 | property within the District, either in
the form of tangible | ||||||
8 | personal property or in the form of real estate as an
incident | ||||||
9 | to a sale of service. The tax rate shall be 1/4%, or as | ||||||
10 | authorized
under subsection (d-5) of this Section, of the | ||||||
11 | selling
price of tangible personal property so transferred | ||||||
12 | within the district, except that the rate of tax imposed in | ||||||
13 | these Counties under this Section on sales of aviation fuel on | ||||||
14 | or after December 1, 2019 shall be 0.25% in Madison County | ||||||
15 | unless the Metro-East Mass Transit District in Madison County | ||||||
16 | has an "airport-related purpose" and any additional amount | ||||||
17 | authorized under subsection (d-5) is expended for | ||||||
18 | airport-related purposes. If there is no airport-related | ||||||
19 | purpose to which aviation fuel tax revenue is dedicated, then | ||||||
20 | aviation fuel is excluded from any additional amount authorized | ||||||
21 | under subsection (d-5). The rate in St. Clair County shall be | ||||||
22 | 0.25% unless the Metro-East Mass Transit District in St. Clair | ||||||
23 | County has an "airport-related purpose" and the additional | ||||||
24 | 0.50% of the 0.75% tax on aviation fuel is expended for | ||||||
25 | airport-related purposes. If there is no airport-related | ||||||
26 | purpose to which aviation fuel tax revenue is dedicated, then |
| |||||||
| |||||||
1 | aviation fuel is excluded from the additional 0.50% of the | ||||||
2 | 0.75% tax.
| ||||||
3 | The Board must comply with the certification requirements | ||||||
4 | for airport-related purposes under Section 2-22 of the | ||||||
5 | Retailers' Occupation Tax Act. For purposes of this Section, | ||||||
6 | "airport-related purposes" has the meaning ascribed in Section | ||||||
7 | 6z-20.2 of the State Finance Act. This exclusion for aviation | ||||||
8 | fuel only applies for so long as the revenue use requirements | ||||||
9 | of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the | ||||||
10 | District. | ||||||
11 | The tax imposed under this paragraph and all civil | ||||||
12 | penalties that may be
assessed as an incident thereof shall be | ||||||
13 | collected and enforced by the
State Department of Revenue. The | ||||||
14 | Department shall have full power to
administer and enforce this | ||||||
15 | paragraph; to collect all taxes and penalties
due hereunder; to | ||||||
16 | dispose of taxes and penalties so collected in the manner
| ||||||
17 | hereinafter provided; and to determine all rights to credit | ||||||
18 | memoranda
arising on account of the erroneous payment of tax or | ||||||
19 | penalty hereunder.
In the administration of, and compliance | ||||||
20 | with this paragraph, the
Department and persons who are subject | ||||||
21 | to this paragraph shall have the
same rights, remedies, | ||||||
22 | privileges, immunities, powers and duties, and be
subject to | ||||||
23 | the same conditions, restrictions, limitations, penalties,
| ||||||
24 | exclusions, exemptions and definitions of terms and employ the | ||||||
25 | same modes
of procedure as are prescribed in Sections 1a-1, 2 | ||||||
26 | (except that the
reference to State in the definition of |
| |||||||
| |||||||
1 | supplier maintaining a place of
business in this State shall | ||||||
2 | mean the Authority), 2a, 3 through
3-50 (in respect to all | ||||||
3 | provisions therein other than the State rate of
tax), 4 (except | ||||||
4 | that the reference to the State shall be to the Authority),
5, | ||||||
5 | 7, 8 (except that the jurisdiction to which the tax shall be a | ||||||
6 | debt to
the extent indicated in that Section 8 shall be the | ||||||
7 | District), 9 (except as
to the disposition of taxes and | ||||||
8 | penalties collected, and except that
the returned merchandise | ||||||
9 | credit for this tax may not be taken against any
State tax, and | ||||||
10 | except that the retailer's discount is not allowed for taxes | ||||||
11 | paid on aviation fuel that are subject to the revenue use | ||||||
12 | requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 10, | ||||||
13 | 11, 12 (except the reference therein to Section 2b of the
| ||||||
14 | Retailers' Occupation Tax Act), 13 (except that any reference | ||||||
15 | to the State
shall mean the District), the first paragraph of | ||||||
16 | Section 15, 16,
17, 18, 19 and 20 of the Service Occupation Tax | ||||||
17 | Act and Section 3-7 of
the Uniform Penalty and Interest Act, as | ||||||
18 | fully as if those provisions were
set forth herein.
| ||||||
19 | Persons subject to any tax imposed under the authority | ||||||
20 | granted in
this paragraph may reimburse themselves for their | ||||||
21 | serviceman's tax liability
hereunder by separately stating the | ||||||
22 | tax as an additional charge, which
charge may be stated in | ||||||
23 | combination, in a single amount, with State tax
that servicemen | ||||||
24 | are authorized to collect under the Service Use Tax Act, in
| ||||||
25 | accordance with such bracket schedules as the Department may | ||||||
26 | prescribe.
|
| |||||||
| |||||||
1 | Whenever the Department determines that a refund should be | ||||||
2 | made under this
paragraph to a claimant instead of issuing a | ||||||
3 | credit memorandum, the Department
shall notify the State | ||||||
4 | Comptroller, who shall cause the warrant to be drawn
for the | ||||||
5 | amount specified, and to the person named, in the notification
| ||||||
6 | from the Department. The refund shall be paid by the State | ||||||
7 | Treasurer out
of the Metro East Mass Transit District tax fund | ||||||
8 | established under
paragraph (h)
of this Section or the Local | ||||||
9 | Government Aviation Trust Fund, as appropriate.
| ||||||
10 | Nothing in this paragraph shall be construed to authorize | ||||||
11 | the District
to impose a tax upon the privilege of engaging in | ||||||
12 | any business which under
the Constitution of the United States | ||||||
13 | may not be made the subject of taxation
by the State.
| ||||||
14 | (d) If a tax has been imposed under subsection (b), a Metro | ||||||
15 | East Mass
Transit District Use Tax shall
also be imposed upon | ||||||
16 | the privilege of using, in the district, any item of
tangible | ||||||
17 | personal property that is purchased outside the district at
| ||||||
18 | retail from a retailer, and that is titled or registered with | ||||||
19 | an agency of
this State's government, at a rate of 1/4%, or as | ||||||
20 | authorized under subsection
(d-5) of this Section, of the | ||||||
21 | selling price of the
tangible personal property within the | ||||||
22 | District, as "selling price" is
defined in the Use Tax Act. The | ||||||
23 | tax shall be collected from persons whose
Illinois address for | ||||||
24 | titling or registration purposes is given as being in
the | ||||||
25 | District. The tax shall be collected by the Department of | ||||||
26 | Revenue for
the Metro East Mass Transit District. The tax must |
| |||||||
| |||||||
1 | be paid to the State,
or an exemption determination must be | ||||||
2 | obtained from the Department of
Revenue, before the title or | ||||||
3 | certificate of registration for the property
may be issued. The | ||||||
4 | tax or proof of exemption may be transmitted to the
Department | ||||||
5 | by way of the State agency with which, or the State officer | ||||||
6 | with
whom, the tangible personal property must be titled or | ||||||
7 | registered if the
Department and the State agency or State | ||||||
8 | officer determine that this
procedure will expedite the | ||||||
9 | processing of applications for title or
registration.
| ||||||
10 | The Department shall have full power to administer and | ||||||
11 | enforce this
paragraph; to collect all taxes, penalties and | ||||||
12 | interest due hereunder; to
dispose of taxes, penalties and | ||||||
13 | interest so collected in the manner
hereinafter provided; and | ||||||
14 | to determine all rights to credit memoranda or
refunds arising | ||||||
15 | on account of the erroneous payment of tax, penalty or
interest | ||||||
16 | hereunder. In the administration of, and compliance with, this
| ||||||
17 | paragraph, the Department and persons who are subject to this | ||||||
18 | paragraph
shall have the same rights, remedies, privileges, | ||||||
19 | immunities, powers and
duties, and be subject to the same | ||||||
20 | conditions, restrictions, limitations,
penalties, exclusions, | ||||||
21 | exemptions and definitions of terms
and employ the same modes | ||||||
22 | of procedure, as are prescribed in Sections 2
(except the | ||||||
23 | definition of "retailer maintaining a place of business in this
| ||||||
24 | State"), 3 through 3-80 (except provisions pertaining to the | ||||||
25 | State rate
of tax, and except provisions concerning collection | ||||||
26 | or refunding of the tax
by retailers), 4, 11, 12, 12a, 14, 15, |
| |||||||
| |||||||
1 | 19 (except the portions pertaining
to claims by retailers and | ||||||
2 | except the last paragraph concerning refunds),
20, 21 and 22 of | ||||||
3 | the Use Tax Act and Section 3-7 of the Uniform Penalty
and | ||||||
4 | Interest Act, that are not inconsistent with this
paragraph, as | ||||||
5 | fully as if those provisions were set forth herein.
| ||||||
6 | Whenever the Department determines that a refund should be | ||||||
7 | made under this
paragraph to a claimant instead of issuing a | ||||||
8 | credit memorandum, the Department
shall notify the State | ||||||
9 | Comptroller, who shall cause the order
to be drawn for the | ||||||
10 | amount specified, and to the person named, in the
notification | ||||||
11 | from the Department. The refund shall be paid by the State
| ||||||
12 | Treasurer out of the Metro East Mass Transit District tax fund | ||||||
13 | established
under paragraph (h)
of this Section.
| ||||||
14 | (d-5) (A) The county board of any county participating in | ||||||
15 | the Metro
East Mass Transit District may authorize, by | ||||||
16 | ordinance, a
referendum on the question of whether the tax | ||||||
17 | rates for the
Metro East Mass Transit District Retailers' | ||||||
18 | Occupation Tax, the
Metro East Mass Transit District Service | ||||||
19 | Occupation Tax, and the
Metro East Mass Transit District Use | ||||||
20 | Tax for
the District should be increased from 0.25% to 0.75%.
| ||||||
21 | Upon adopting the ordinance, the county
board shall certify the | ||||||
22 | proposition to the proper election officials who shall
submit | ||||||
23 | the proposition to the voters of the District at the next | ||||||
24 | election,
in accordance with the general election law.
| ||||||
25 | The proposition shall be in substantially the following | ||||||
26 | form:
|
| |||||||
| |||||||
1 | Shall the tax rates for the Metro East Mass Transit | ||||||
2 | District Retailers'
Occupation Tax, the Metro East Mass | ||||||
3 | Transit District Service Occupation Tax,
and the Metro East | ||||||
4 | Mass Transit District Use Tax be increased from 0.25% to
| ||||||
5 | 0.75%?
| ||||||
6 | (B) Two thousand five hundred electors of any Metro East | ||||||
7 | Mass Transit
District may petition the Chief Judge of the | ||||||
8 | Circuit Court, or any judge of
that Circuit designated by the | ||||||
9 | Chief Judge, in which that District is located
to cause to be | ||||||
10 | submitted to a vote of the electors the question whether the | ||||||
11 | tax
rates for the Metro East Mass Transit District Retailers' | ||||||
12 | Occupation Tax, the
Metro East Mass Transit District Service | ||||||
13 | Occupation Tax, and the Metro East
Mass Transit District Use | ||||||
14 | Tax for the District should be increased from 0.25%
to 0.75%.
| ||||||
15 | Upon submission of such petition the court shall set a date | ||||||
16 | not less than 10
nor more than 30 days thereafter for a hearing | ||||||
17 | on the sufficiency thereof.
Notice of the filing of such | ||||||
18 | petition and of such date shall be given in
writing to the | ||||||
19 | District and the County Clerk at least 7 days before the date | ||||||
20 | of
such hearing.
| ||||||
21 | If such petition is found sufficient, the court shall enter | ||||||
22 | an order to
submit that proposition at the next election, in | ||||||
23 | accordance with general
election law.
| ||||||
24 | The form of the petition shall be in substantially the | ||||||
25 | following form: To the
Circuit Court of the County of (name of | ||||||
26 | county):
|
| ||||||||||
| ||||||||||
1 | We, the undersigned electors of the (name of transit | |||||||||
2 | district),
respectfully petition your honor to submit to a | |||||||||
3 | vote of the electors of (name
of transit district) the | |||||||||
4 | following proposition:
| |||||||||
5 | Shall the tax rates for the Metro East Mass Transit | |||||||||
6 | District Retailers'
Occupation Tax, the Metro East Mass | |||||||||
7 | Transit District Service Occupation Tax,
and the Metro East | |||||||||
8 | Mass Transit District Use Tax be increased from 0.25% to
| |||||||||
9 | 0.75%?
| |||||||||
10 | Name Address, with Street and Number.
| |||||||||
| ||||||||||
13 | (C) The votes shall be recorded as "YES" or "NO". If a | |||||||||
14 | majority of all
votes
cast on the proposition are for the | |||||||||
15 | increase in
the tax rates, the Metro East Mass Transit District | |||||||||
16 | shall begin imposing the
increased rates in the District, and
| |||||||||
17 | the Department of Revenue shall begin collecting the increased | |||||||||
18 | amounts, as
provided under this Section.
An ordinance imposing | |||||||||
19 | or discontinuing a tax hereunder or effecting a change
in the | |||||||||
20 | rate thereof shall be adopted and a certified copy thereof | |||||||||
21 | filed with
the Department on or before the first day of | |||||||||
22 | October, whereupon the Department
shall proceed to administer | |||||||||
23 | and enforce this Section as of the first day of
January next | |||||||||
24 | following the adoption and filing, or on or before the first | |||||||||
25 | day
of April, whereupon the Department shall proceed to | |||||||||
26 | administer and enforce this
Section as of the first day of July |
| |||||||
| |||||||
1 | next following the adoption and filing.
| ||||||
2 | (D) If the voters have approved a referendum under this | ||||||
3 | subsection,
before
November 1, 1994, to
increase the tax rate | ||||||
4 | under this subsection, the Metro East Mass Transit
District | ||||||
5 | Board of Trustees may adopt by a majority vote an ordinance at | ||||||
6 | any
time
before January 1, 1995 that excludes from the rate | ||||||
7 | increase tangible personal
property that is titled or | ||||||
8 | registered with an
agency of this State's government.
The | ||||||
9 | ordinance excluding titled or
registered tangible personal | ||||||
10 | property from the rate increase must be filed with
the | ||||||
11 | Department at least 15 days before its effective date.
At any | ||||||
12 | time after adopting an ordinance excluding from the rate | ||||||
13 | increase
tangible personal property that is titled or | ||||||
14 | registered with an agency of this
State's government, the Metro | ||||||
15 | East Mass Transit District Board of Trustees may
adopt an | ||||||
16 | ordinance applying the rate increase to that tangible personal
| ||||||
17 | property. The ordinance shall be adopted, and a certified copy | ||||||
18 | of that
ordinance shall be filed with the Department, on or | ||||||
19 | before October 1, whereupon
the Department shall proceed to | ||||||
20 | administer and enforce the rate increase
against tangible | ||||||
21 | personal property titled or registered with an agency of this
| ||||||
22 | State's government as of the following January
1. After | ||||||
23 | December 31, 1995, any reimposed rate increase in effect under | ||||||
24 | this
subsection shall no longer apply to tangible personal | ||||||
25 | property titled or
registered with an agency of this State's | ||||||
26 | government. Beginning January 1,
1996, the Board of Trustees of |
| |||||||
| |||||||
1 | any Metro East Mass Transit
District may never reimpose a | ||||||
2 | previously excluded tax rate increase on tangible
personal | ||||||
3 | property titled or registered with an agency of this State's
| ||||||
4 | government.
After July 1, 2004, if the voters have approved a | ||||||
5 | referendum under this
subsection to increase the tax rate under | ||||||
6 | this subsection, the Metro East Mass
Transit District Board of | ||||||
7 | Trustees may adopt by a majority vote an ordinance
that | ||||||
8 | excludes from the rate increase tangible personal property that | ||||||
9 | is titled
or registered with an agency of this State's | ||||||
10 | government. The ordinance excluding titled or registered | ||||||
11 | tangible personal property from the rate increase shall be
| ||||||
12 | adopted, and a certified copy of that ordinance shall be filed | ||||||
13 | with the
Department on or before October 1, whereupon the | ||||||
14 | Department shall administer and enforce this exclusion from the | ||||||
15 | rate increase as of the
following January 1, or on or before | ||||||
16 | April 1, whereupon the Department shall
administer and enforce | ||||||
17 | this exclusion from the rate increase as of the
following July | ||||||
18 | 1. The Board of Trustees of any Metro East Mass Transit | ||||||
19 | District
may never
reimpose a previously excluded tax rate | ||||||
20 | increase on tangible personal property
titled or registered | ||||||
21 | with an agency of this State's government.
| ||||||
22 | (d-6) If the Board of Trustees of any Metro East Mass | ||||||
23 | Transit District has
imposed a rate increase under subsection | ||||||
24 | (d-5) and filed an
ordinance with the Department of Revenue | ||||||
25 | excluding titled property from the
higher rate, then that Board | ||||||
26 | may, by ordinance adopted with
the concurrence of two-thirds of |
| |||||||
| |||||||
1 | the then trustees, impose throughout the
District a fee. The | ||||||
2 | fee on the excluded property shall not exceed $20 per
retail | ||||||
3 | transaction or an
amount
equal to the amount of tax excluded, | ||||||
4 | whichever is less, on
tangible personal property that is titled | ||||||
5 | or registered with an agency of this
State's government. | ||||||
6 | Beginning July 1, 2004, the fee shall apply only to
titled | ||||||
7 | property that is subject to either the Metro East Mass Transit | ||||||
8 | District
Retailers' Occupation Tax or the Metro East Mass | ||||||
9 | Transit District Service
Occupation Tax. No fee shall be | ||||||
10 | imposed or collected under this subsection on the sale of a | ||||||
11 | motor vehicle in this State to a resident of another state if | ||||||
12 | that motor vehicle will not be titled in this State.
| ||||||
13 | (d-7) Until June 30, 2004, if a fee has been imposed under | ||||||
14 | subsection
(d-6), a fee shall also
be imposed upon the | ||||||
15 | privilege of using, in the district, any item of tangible
| ||||||
16 | personal property that is titled or registered with any agency | ||||||
17 | of this State's
government, in an amount equal to the amount of | ||||||
18 | the fee imposed under
subsection (d-6).
| ||||||
19 | (d-7.1) Beginning July 1, 2004, any fee imposed by the | ||||||
20 | Board of Trustees
of any Metro East Mass Transit District under | ||||||
21 | subsection (d-6) and all civil
penalties that may be assessed | ||||||
22 | as an incident of the fees shall be collected
and enforced by | ||||||
23 | the State Department of Revenue. Reference to "taxes" in this
| ||||||
24 | Section shall be construed to apply to the administration, | ||||||
25 | payment, and
remittance of all fees under this Section. For | ||||||
26 | purposes of any fee imposed
under subsection (d-6), 4% of the |
| |||||||
| |||||||
1 | fee, penalty, and interest received by the
Department in the | ||||||
2 | first 12 months that the fee is collected and enforced by
the | ||||||
3 | Department and 2% of the fee, penalty, and interest following | ||||||
4 | the first
12 months (except the amount collected on aviation | ||||||
5 | fuel sold on or after December 1, 2019) shall be deposited into | ||||||
6 | the Tax Compliance and Administration
Fund and shall be used by | ||||||
7 | the Department, subject to appropriation, to cover
the costs of | ||||||
8 | the Department. No retailers' discount shall apply to any fee
| ||||||
9 | imposed under subsection (d-6).
| ||||||
10 | (d-8) No item of titled property shall be subject to both
| ||||||
11 | the higher rate approved by referendum, as authorized under | ||||||
12 | subsection (d-5),
and any fee imposed under subsection (d-6) or | ||||||
13 | (d-7).
| ||||||
14 | (d-9) (Blank).
| ||||||
15 | (d-10) (Blank).
| ||||||
16 | (e) A certificate of registration issued by the State | ||||||
17 | Department of
Revenue to a retailer under the Retailers' | ||||||
18 | Occupation Tax Act or under the
Service Occupation Tax Act | ||||||
19 | shall permit the registrant to engage in a
business that is | ||||||
20 | taxed under the tax imposed under paragraphs (b), (c)
or (d) of | ||||||
21 | this Section and no additional registration shall be required | ||||||
22 | under
the tax. A certificate issued under the Use Tax Act or | ||||||
23 | the Service Use Tax
Act shall be applicable with regard to any | ||||||
24 | tax imposed under paragraph (c)
of this Section.
| ||||||
25 | (f) (Blank).
| ||||||
26 | (g) Any ordinance imposing or discontinuing any tax under |
| |||||||
| |||||||
1 | this
Section shall be adopted and a certified copy thereof | ||||||
2 | filed with the
Department on or before June 1, whereupon the | ||||||
3 | Department of Revenue shall
proceed to administer and enforce | ||||||
4 | this Section on behalf of the Metro East
Mass Transit District | ||||||
5 | as of September 1 next following such
adoption and filing. | ||||||
6 | Beginning January 1, 1992, an ordinance or resolution
imposing | ||||||
7 | or discontinuing the tax hereunder shall be adopted and a
| ||||||
8 | certified copy thereof filed with the Department on or before | ||||||
9 | the first day
of July, whereupon the Department shall proceed | ||||||
10 | to administer and enforce
this Section as of the first day of | ||||||
11 | October next following such adoption
and filing. Beginning | ||||||
12 | January 1, 1993, except as provided in subsection
(d-5) of this | ||||||
13 | Section, an ordinance or resolution imposing
or discontinuing | ||||||
14 | the tax hereunder shall be adopted and a certified copy
thereof | ||||||
15 | filed with the Department on or before the first day of | ||||||
16 | October,
whereupon the Department shall proceed to administer | ||||||
17 | and enforce this
Section as of the first day of January next | ||||||
18 | following such adoption and
filing,
or, beginning January 1, | ||||||
19 | 2004, on or before the first day of April, whereupon
the | ||||||
20 | Department shall proceed to administer and enforce this Section | ||||||
21 | as of the
first day of July next following the adoption and | ||||||
22 | filing.
| ||||||
23 | (h) Except as provided in subsection (d-7.1), the State | ||||||
24 | Department of
Revenue shall, upon collecting any taxes as
| ||||||
25 | provided in this Section, pay the taxes over to the State | ||||||
26 | Treasurer as
trustee for the District. The taxes shall be held |
| |||||||
| |||||||
1 | in a trust fund outside
the State Treasury. If an | ||||||
2 | airport-related purpose has been certified, taxes and | ||||||
3 | penalties collected in St. Clair County on aviation fuel sold | ||||||
4 | on or after December 1, 2019 from the 0.50% of the 0.75% rate | ||||||
5 | shall be immediately paid over by the Department to the State | ||||||
6 | Treasurer, ex officio, as trustee, for deposit into the Local | ||||||
7 | Government Aviation Trust Fund. The Department shall only pay | ||||||
8 | moneys into the Local Government Aviation Trust Fund under this | ||||||
9 | Act for so long as the revenue use requirements of 49 U.S.C. | ||||||
10 | 47107(b) and 49 U.S.C. 47133 are binding on the District. | ||||||
11 | As soon as possible after the first day of each month, | ||||||
12 | beginning January 1, 2011, upon certification of the Department | ||||||
13 | of Revenue, the Comptroller shall order transferred, and the | ||||||
14 | Treasurer shall transfer, to the STAR Bonds Revenue Fund the | ||||||
15 | local sales tax increment, as defined in the Innovation | ||||||
16 | Development and Economy Act, collected under this Section | ||||||
17 | during the second preceding calendar month for sales within a | ||||||
18 | STAR bond district. The Department shall make this | ||||||
19 | certification only if the local mass transit district imposes a | ||||||
20 | tax on real property as provided in the definition of "local | ||||||
21 | sales taxes" under the Innovation Development and Economy Act. | ||||||
22 | After the monthly transfer to the STAR Bonds Revenue Fund, | ||||||
23 | on or before the 25th day of each calendar month, the
State | ||||||
24 | Department of Revenue shall prepare and certify to the | ||||||
25 | Comptroller of
the State of Illinois the amount to be paid to | ||||||
26 | the District, which shall be
the amount (not including credit |
| |||||||
| |||||||
1 | memoranda and not including taxes and penalties collected on | ||||||
2 | aviation fuel sold on or after December 1, 2019 that are | ||||||
3 | deposited into the Local Government Aviation Trust Fund) | ||||||
4 | collected under this Section during the second preceding | ||||||
5 | calendar month by the Department plus an amount the Department | ||||||
6 | determines is necessary to offset any amounts that were | ||||||
7 | erroneously paid to a different taxing body, and not including | ||||||
8 | any amount equal to the amount of refunds made during the | ||||||
9 | second preceding calendar month by the Department on behalf of | ||||||
10 | the District, and not including any amount that the Department | ||||||
11 | determines is necessary to offset any amounts that were payable | ||||||
12 | to a different taxing body but were erroneously paid to the | ||||||
13 | District, and less any amounts that are transferred to the STAR | ||||||
14 | Bonds Revenue Fund, less 1.5% of the remainder, which the | ||||||
15 | Department shall transfer into the Tax Compliance and | ||||||
16 | Administration Fund. The Department, at the time of each | ||||||
17 | monthly disbursement to the District, shall prepare and certify | ||||||
18 | to the State Comptroller the amount to be transferred into the | ||||||
19 | Tax Compliance and Administration Fund under this subsection. | ||||||
20 | Within 10 days after receipt by
the Comptroller of the | ||||||
21 | certification of the amount to be paid to the
District and the | ||||||
22 | Tax Compliance and Administration Fund, the Comptroller shall | ||||||
23 | cause an order to be drawn for payment
for the amount in | ||||||
24 | accordance with the direction in the certification.
| ||||||
25 | (i) Notwithstanding any other provision of law, no tax may
| ||||||
26 | be imposed under this Section on the sale or use of cannabis,
|
| |||||||
| |||||||
1 | as defined in Section 1-10 of the Cannabis Regulation and Tax
| ||||||
2 | Act. | ||||||
3 | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; | ||||||
4 | 101-10, eff. 6-5-19; 101-604, eff. 12-13-19.)
| ||||||
5 | Section 30. The Water Commission Act of 1985 is amended by | ||||||
6 | changing Section 4 as follows:
| ||||||
7 | (70 ILCS 3720/4) (from Ch. 111 2/3, par. 254)
| ||||||
8 | Sec. 4. Taxes. | ||||||
9 | (a) The board of commissioners of any county water | ||||||
10 | commission
may, by ordinance, impose throughout the territory | ||||||
11 | of the commission any or
all of the taxes provided in this | ||||||
12 | Section for its corporate purposes.
However, no county water | ||||||
13 | commission may impose any such tax unless the
commission | ||||||
14 | certifies the proposition of imposing the tax to the proper
| ||||||
15 | election officials, who shall submit the proposition to the | ||||||
16 | voters residing
in the territory at an election in accordance | ||||||
17 | with the general election
law, and the proposition has been | ||||||
18 | approved by a majority of those voting on
the proposition.
| ||||||
19 | The proposition shall be in the form provided in Section 5 | ||||||
20 | or shall be
substantially in the following form:
| ||||||
21 | -------------------------------------------------------------
| ||||||
22 | Shall the (insert corporate
| ||||||
23 | name of county water commission) YES
| ||||||
24 | impose (state type of tax or ------------------------
|
| |||||||
| |||||||
1 | taxes to be imposed) at the NO
| ||||||
2 | rate of 1/4%?
| ||||||
3 | -------------------------------------------------------------
| ||||||
4 | Taxes imposed under this Section and civil penalties | ||||||
5 | imposed
incident thereto shall be collected and enforced by the | ||||||
6 | State Department of
Revenue. The Department shall have the | ||||||
7 | power to administer and enforce the
taxes and to determine all | ||||||
8 | rights for refunds for erroneous payments of
the taxes.
| ||||||
9 | (b) The board of commissioners may impose a County Water | ||||||
10 | Commission
Retailers' Occupation Tax upon all persons engaged | ||||||
11 | in the business of
selling tangible personal property at retail | ||||||
12 | in the territory of the
commission at a rate of 1/4% of the | ||||||
13 | gross receipts from the sales made in
the course of such | ||||||
14 | business within the territory. Beginning January 1, 2021, this | ||||||
15 | tax is not imposed on sales of aviation fuel for so long as the | ||||||
16 | revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. | ||||||
17 | 47133 are binding on the District. | ||||||
18 | The tax imposed under
this paragraph and all civil | ||||||
19 | penalties that may be assessed as an incident
thereof shall be | ||||||
20 | collected and enforced by the State Department of Revenue.
The | ||||||
21 | Department shall have full power to administer and enforce this
| ||||||
22 | paragraph; to collect all taxes and penalties due hereunder; to | ||||||
23 | dispose of
taxes and penalties so collected in the manner | ||||||
24 | hereinafter provided; and to
determine all rights to credit | ||||||
25 | memoranda arising on account of the
erroneous payment of tax or | ||||||
26 | penalty hereunder. In the administration of,
and compliance |
| |||||||
| |||||||
1 | with, this paragraph, the Department and persons who are
| ||||||
2 | subject to this paragraph shall have the same rights, remedies, | ||||||
3 | privileges,
immunities, powers and duties, and be subject to | ||||||
4 | the same conditions,
restrictions, limitations, penalties, | ||||||
5 | exclusions, exemptions and
definitions of terms, and employ the | ||||||
6 | same modes of procedure, as are
prescribed in Sections 1, 1a, | ||||||
7 | 1a-1, 1c, 1d, 1e, 1f, 1i, 1j, 2 through 2-65
(in respect to all | ||||||
8 | provisions therein other than the State rate of tax
except that | ||||||
9 | tangible personal property taxed at the 1% rate under the | ||||||
10 | Retailers' Occupation Tax Act
shall not be subject to tax | ||||||
11 | hereunder), 2c, 3 (except as to the disposition
of taxes and | ||||||
12 | penalties collected, and except that the retailer's discount is | ||||||
13 | not allowed for taxes paid on aviation fuel sold on or after | ||||||
14 | December 1, 2019 and through December 31, 2020), 4, 5, 5a, 5b, | ||||||
15 | 5c, 5d, 5e, 5f, 5g, 5h,
5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, | ||||||
16 | 9, 10, 11, 12, and 13 of
the Retailers' Occupation Tax Act and | ||||||
17 | Section 3-7 of the Uniform Penalty
and Interest Act, as fully | ||||||
18 | as if those provisions were set forth herein.
| ||||||
19 | Persons subject to any tax imposed under the authority | ||||||
20 | granted in this
paragraph may reimburse themselves for their | ||||||
21 | seller's tax liability
hereunder by separately stating the tax | ||||||
22 | as an additional charge, which
charge may be stated in | ||||||
23 | combination, in a single amount, with State taxes
that sellers | ||||||
24 | are required to collect under the Use Tax Act and under
| ||||||
25 | subsection (e) of Section 4.03 of the Regional Transportation | ||||||
26 | Authority
Act, in accordance with such bracket schedules as the |
| |||||||
| |||||||
1 | Department may prescribe.
| ||||||
2 | Whenever the Department determines that a refund should be | ||||||
3 | made under this
paragraph to a claimant instead of issuing a | ||||||
4 | credit memorandum, the Department
shall notify the State | ||||||
5 | Comptroller, who shall cause the warrant to be drawn
for the | ||||||
6 | amount specified, and to the person named, in the notification
| ||||||
7 | from the Department. The refund shall be paid by the State | ||||||
8 | Treasurer out
of a county water commission tax fund established | ||||||
9 | under subsection (g) of
this Section.
| ||||||
10 | For the purpose of determining whether a tax authorized | ||||||
11 | under this paragraph
is applicable, a retail sale by a producer | ||||||
12 | of coal or other mineral mined
in Illinois is a sale at retail | ||||||
13 | at the place where the coal or other mineral
mined in Illinois | ||||||
14 | is extracted from the earth. This paragraph does not
apply to | ||||||
15 | coal or other mineral when it is delivered or shipped by the | ||||||
16 | seller
to the purchaser at a point outside Illinois so that the | ||||||
17 | sale is exempt
under the Federal Constitution as a sale in | ||||||
18 | interstate or foreign commerce.
| ||||||
19 | If a tax is imposed under this subsection (b), a tax shall | ||||||
20 | also be
imposed under subsections (c) and (d) of this Section.
| ||||||
21 | No tax shall be imposed or collected under this subsection | ||||||
22 | on the sale of a motor vehicle in this State to a resident of | ||||||
23 | another state if that motor vehicle will not be titled in this | ||||||
24 | State.
| ||||||
25 | Nothing in this paragraph shall be construed to authorize a | ||||||
26 | county water
commission to impose a tax upon the privilege of |
| |||||||
| |||||||
1 | engaging in any
business which under the Constitution of the | ||||||
2 | United States may not be made
the subject of taxation by this | ||||||
3 | State.
| ||||||
4 | (c) If a tax has been imposed under subsection (b), a
| ||||||
5 | County Water Commission Service Occupation
Tax shall
also be | ||||||
6 | imposed upon all persons engaged, in the territory of the
| ||||||
7 | commission, in the business of making sales of service, who, as | ||||||
8 | an
incident to making the sales of service, transfer tangible | ||||||
9 | personal
property within the territory. The tax rate shall be | ||||||
10 | 1/4% of the selling
price of tangible personal property so | ||||||
11 | transferred within the territory.
Beginning January 1, 2021, | ||||||
12 | this tax is not imposed on sales of aviation fuel for so long | ||||||
13 | as the revenue use requirements of 49 U.S.C. 47107(b) and 49 | ||||||
14 | U.S.C. 47133 are binding on the District. | ||||||
15 | The tax imposed under this paragraph and all civil | ||||||
16 | penalties that may be
assessed as an incident thereof shall be | ||||||
17 | collected and enforced by the
State Department of Revenue. The | ||||||
18 | Department shall have full power to
administer and enforce this | ||||||
19 | paragraph; to collect all taxes and penalties
due hereunder; to | ||||||
20 | dispose of taxes and penalties so collected in the manner
| ||||||
21 | hereinafter provided; and to determine all rights to credit | ||||||
22 | memoranda
arising on account of the erroneous payment of tax or | ||||||
23 | penalty hereunder.
In the administration of, and compliance | ||||||
24 | with, this paragraph, the
Department and persons who are | ||||||
25 | subject to this paragraph shall have the
same rights, remedies, | ||||||
26 | privileges, immunities, powers and duties, and be
subject to |
| |||||||
| |||||||
1 | the same conditions, restrictions, limitations, penalties,
| ||||||
2 | exclusions, exemptions and definitions of terms, and employ the | ||||||
3 | same modes
of procedure, as are prescribed in Sections 1a-1, 2 | ||||||
4 | (except that the
reference to State in the definition of | ||||||
5 | supplier maintaining a place of
business in this State shall | ||||||
6 | mean the territory of the commission), 2a, 3
through 3-50 (in | ||||||
7 | respect to all provisions therein other than the State
rate of | ||||||
8 | tax except that tangible personal property taxed at the 1% rate | ||||||
9 | under the Service Occupation Tax Act shall not be subject to | ||||||
10 | tax hereunder), 4 (except that the
reference to the State shall | ||||||
11 | be to the territory of the commission), 5, 7,
8 (except that | ||||||
12 | the jurisdiction to which the tax shall be a debt to the
extent | ||||||
13 | indicated in that Section 8 shall be the commission), 9 (except | ||||||
14 | as
to the disposition of taxes and penalties collected and | ||||||
15 | except that the
returned merchandise credit for this tax may | ||||||
16 | not be taken against any State
tax, and except that the | ||||||
17 | retailer's discount is not allowed for taxes paid on aviation | ||||||
18 | fuel sold on or after December 1, 2019 and through December 31, | ||||||
19 | 2020), 10, 11, 12 (except the reference therein to Section 2b | ||||||
20 | of the
Retailers' Occupation Tax Act), 13 (except that any | ||||||
21 | reference to the State
shall mean the territory of the | ||||||
22 | commission), the first paragraph of Section
15, 15.5, 16, 17, | ||||||
23 | 18, 19, and 20 of the Service Occupation Tax Act as fully
as if | ||||||
24 | those provisions were set forth herein.
| ||||||
25 | Persons subject to any tax imposed under the authority | ||||||
26 | granted in
this paragraph may reimburse themselves for their |
| |||||||
| |||||||
1 | serviceman's tax liability
hereunder by separately stating the | ||||||
2 | tax as an additional charge, which
charge may be stated in | ||||||
3 | combination, in a single amount, with State tax
that servicemen | ||||||
4 | are authorized to collect under the Service Use Tax Act,
and | ||||||
5 | any tax for which servicemen may be liable under subsection (f) | ||||||
6 | of Section
4.03 of the Regional Transportation Authority Act, | ||||||
7 | in accordance
with such bracket schedules as the Department may | ||||||
8 | prescribe.
| ||||||
9 | Whenever the Department determines that a refund should be | ||||||
10 | made under this
paragraph to a claimant instead of issuing a | ||||||
11 | credit memorandum, the Department
shall notify the State | ||||||
12 | Comptroller, who shall cause the warrant to be drawn
for the | ||||||
13 | amount specified, and to the person named, in the notification | ||||||
14 | from
the Department. The refund shall be paid by the State | ||||||
15 | Treasurer out of a
county water commission tax fund established | ||||||
16 | under subsection (g) of this
Section.
| ||||||
17 | Nothing in this paragraph shall be construed to authorize a | ||||||
18 | county water
commission to impose a tax upon the privilege of | ||||||
19 | engaging in any business
which under the Constitution of the | ||||||
20 | United States may not be made the
subject of taxation by the | ||||||
21 | State.
| ||||||
22 | (d) If a tax has been imposed under subsection (b), a tax | ||||||
23 | shall
also be imposed upon the privilege of using, in the | ||||||
24 | territory of the
commission, any item of tangible personal | ||||||
25 | property that is purchased
outside the territory at retail from | ||||||
26 | a retailer, and that is titled or
registered with an agency of |
| |||||||
| |||||||
1 | this State's government, at a rate of 1/4% of
the selling price | ||||||
2 | of the tangible personal property within the territory,
as | ||||||
3 | "selling price" is defined in the Use Tax Act. The tax shall be | ||||||
4 | collected
from persons whose Illinois address for titling or | ||||||
5 | registration purposes
is given as being in the territory. The | ||||||
6 | tax shall be collected by the
Department of Revenue for a | ||||||
7 | county water commission. The tax must be paid
to the State, or | ||||||
8 | an exemption determination must be obtained from the
Department | ||||||
9 | of Revenue, before the title or certificate of registration for
| ||||||
10 | the property may be issued. The tax or proof of exemption may | ||||||
11 | be
transmitted to the Department by way of the State agency | ||||||
12 | with which, or the
State officer with whom, the tangible | ||||||
13 | personal property must be titled or
registered if the | ||||||
14 | Department and the State agency or State officer
determine that | ||||||
15 | this procedure will expedite the processing of applications
for | ||||||
16 | title or registration.
| ||||||
17 | The Department shall have full power to administer and | ||||||
18 | enforce this
paragraph; to collect all taxes, penalties, and | ||||||
19 | interest due hereunder; to
dispose of taxes, penalties, and | ||||||
20 | interest so collected in the manner
hereinafter provided; and | ||||||
21 | to determine all rights to credit memoranda or
refunds arising | ||||||
22 | on account of the erroneous payment of tax, penalty, or
| ||||||
23 | interest hereunder. In the administration of and compliance | ||||||
24 | with this
paragraph, the Department and persons who are subject | ||||||
25 | to this paragraph
shall have the same rights, remedies, | ||||||
26 | privileges, immunities, powers, and
duties, and be subject to |
| |||||||
| |||||||
1 | the same conditions, restrictions, limitations,
penalties, | ||||||
2 | exclusions, exemptions, and definitions of terms and employ the
| ||||||
3 | same modes of procedure, as are prescribed in Sections 2 | ||||||
4 | (except the
definition of "retailer maintaining a place of | ||||||
5 | business in this State"), 3
through 3-80 (except provisions | ||||||
6 | pertaining to the State rate of tax,
and except provisions | ||||||
7 | concerning collection or refunding of the tax by
retailers), 4, | ||||||
8 | 11,
12, 12a, 14, 15, 19 (except the portions pertaining to | ||||||
9 | claims by retailers
and except the last paragraph concerning | ||||||
10 | refunds), 20, 21, and 22 of the Use
Tax Act and Section 3-7 of | ||||||
11 | the Uniform Penalty and Interest Act that are
not inconsistent | ||||||
12 | with this paragraph, as fully as if those provisions were
set | ||||||
13 | forth herein.
| ||||||
14 | Whenever the Department determines that a refund should be | ||||||
15 | made under this
paragraph to a claimant instead of issuing a | ||||||
16 | credit memorandum, the Department
shall notify the State | ||||||
17 | Comptroller, who shall cause the order
to be drawn for the | ||||||
18 | amount specified, and to the person named, in the
notification | ||||||
19 | from the Department. The refund shall be paid by the State
| ||||||
20 | Treasurer out of a county water commission tax fund established
| ||||||
21 | under subsection (g) of this Section.
| ||||||
22 | (e) A certificate of registration issued by the State | ||||||
23 | Department of
Revenue to a retailer under the Retailers' | ||||||
24 | Occupation Tax Act or under the
Service Occupation Tax Act | ||||||
25 | shall permit the registrant to engage in a
business that is | ||||||
26 | taxed under the tax imposed under subsection (b), (c),
or (d) |
| |||||||
| |||||||
1 | of this Section and no additional registration shall be | ||||||
2 | required under
the tax. A certificate issued under the Use Tax | ||||||
3 | Act or the Service Use Tax
Act shall be applicable with regard | ||||||
4 | to any tax imposed under subsection (c)
of this Section.
| ||||||
5 | (f) Any ordinance imposing or discontinuing any tax under | ||||||
6 | this Section
shall be adopted and a certified copy thereof | ||||||
7 | filed with the Department on
or before June 1, whereupon the | ||||||
8 | Department of Revenue shall proceed to
administer and enforce | ||||||
9 | this Section on behalf of the county water
commission as of | ||||||
10 | September 1 next following the adoption and filing.
Beginning | ||||||
11 | January 1, 1992, an ordinance or resolution imposing or
| ||||||
12 | discontinuing the tax hereunder shall be adopted and a | ||||||
13 | certified copy
thereof filed with the Department on or before | ||||||
14 | the first day of July,
whereupon the Department shall proceed | ||||||
15 | to administer and enforce this
Section as of the first day of | ||||||
16 | October next following such adoption and
filing. Beginning | ||||||
17 | January 1, 1993, an ordinance or resolution imposing or
| ||||||
18 | discontinuing the tax hereunder shall be adopted and a | ||||||
19 | certified copy
thereof filed with the Department on or before | ||||||
20 | the first day of October,
whereupon the Department shall | ||||||
21 | proceed to administer and enforce this
Section as of the first | ||||||
22 | day of January next following such adoption and filing.
| ||||||
23 | (g) The State Department of Revenue shall, upon collecting | ||||||
24 | any taxes as
provided in this Section, pay the taxes over to | ||||||
25 | the State Treasurer as
trustee for the commission. The taxes | ||||||
26 | shall be held in a trust fund outside
the State Treasury. |
| |||||||
| |||||||
1 | As soon as possible after the first day of each month, | ||||||
2 | beginning January 1, 2011, upon certification of the Department | ||||||
3 | of Revenue, the Comptroller shall order transferred, and the | ||||||
4 | Treasurer shall transfer, to the STAR Bonds Revenue Fund the | ||||||
5 | local sales tax increment, as defined in the Innovation | ||||||
6 | Development and Economy Act, collected under this Section | ||||||
7 | during the second preceding calendar month for sales within a | ||||||
8 | STAR bond district. | ||||||
9 | After the monthly transfer to the STAR Bonds Revenue Fund, | ||||||
10 | on or before the 25th day of each calendar month, the
State | ||||||
11 | Department of Revenue shall prepare and certify to the | ||||||
12 | Comptroller of
the State of Illinois the amount to be paid to | ||||||
13 | the commission, which shall be
the amount (not including credit | ||||||
14 | memoranda) collected under this Section during the second | ||||||
15 | preceding calendar month by the Department plus an amount the | ||||||
16 | Department determines is necessary to offset any amounts that | ||||||
17 | were erroneously paid to a different taxing body, and not | ||||||
18 | including any amount equal to the amount of refunds made during | ||||||
19 | the second preceding calendar month by the Department on behalf | ||||||
20 | of the commission, and not including any amount that the | ||||||
21 | Department determines is necessary to offset any amounts that | ||||||
22 | were payable to a different taxing body but were erroneously | ||||||
23 | paid to the commission, and less any amounts that are | ||||||
24 | transferred to the STAR Bonds Revenue Fund, less 1.5% of the | ||||||
25 | remainder, which shall be transferred into the Tax Compliance | ||||||
26 | and Administration Fund. The Department, at the time of each |
| |||||||
| |||||||
1 | monthly disbursement to the commission, shall prepare and | ||||||
2 | certify to the State Comptroller the amount to be transferred | ||||||
3 | into the Tax Compliance and Administration Fund under this | ||||||
4 | subsection. Within 10 days after receipt by
the Comptroller of | ||||||
5 | the certification of the amount to be paid to the
commission | ||||||
6 | and the Tax Compliance and Administration Fund, the Comptroller | ||||||
7 | shall cause an order to be drawn for the payment
for the amount | ||||||
8 | in accordance with the direction in the certification.
| ||||||
9 | (h) Beginning June 1, 2016, any tax imposed pursuant to | ||||||
10 | this Section may no longer be imposed or collected, unless a | ||||||
11 | continuation of the tax is approved by the voters at a | ||||||
12 | referendum as set forth in this Section. | ||||||
13 | (i) Notwithstanding any other provision of law, no tax may
| ||||||
14 | be imposed under this Section on the sale or use of cannabis,
| ||||||
15 | as defined in Section 1-10 of the Cannabis Regulation and Tax
| ||||||
16 | Act. | ||||||
17 | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; | ||||||
18 | 100-863, eff. 8-14-18; 100-1171, eff. 1-4-19; 101-10, eff. | ||||||
19 | 6-5-19; 101-81, eff. 7-12-19; 101-604, eff. 12-13-19.)
| ||||||
20 | Section 35. The Compassionate Use of Medical Cannabis | ||||||
21 | Program Act is amended by changing Sections 55, 60, 62, 70, 75, | ||||||
22 | 100, and 145 as follows:
| ||||||
23 | (410 ILCS 130/55)
| ||||||
24 | Sec. 55. Registration of qualifying patients and |
| |||||||
| |||||||
1 | designated caregivers.
| ||||||
2 | (a) The Department of Public Health shall issue registry | ||||||
3 | identification cards to qualifying patients and designated | ||||||
4 | caregivers who submit a completed application, and at minimum, | ||||||
5 | the following, in accordance with Department of Public Health | ||||||
6 | rules:
| ||||||
7 | (1) A written certification, on a form developed by the | ||||||
8 | Department of Public Health consistent with Section 36 and | ||||||
9 | issued by a certifying health care professional, within 90 | ||||||
10 | days immediately preceding the date of an application and | ||||||
11 | submitted by the qualifying patient or his or her | ||||||
12 | designated caregiver;
| ||||||
13 | (2) upon the execution of applicable privacy waivers, | ||||||
14 | the patient's medical documentation related to his or her | ||||||
15 | debilitating condition and any other information that may | ||||||
16 | be reasonably required by the Department of Public Health | ||||||
17 | to confirm that the certifying health care professional and | ||||||
18 | patient have a bona fide health care professional-patient | ||||||
19 | relationship, that the qualifying patient is in the | ||||||
20 | certifying health care professional's care for his or her | ||||||
21 | debilitating medical condition, and to substantiate the | ||||||
22 | patient's diagnosis;
| ||||||
23 | (3) the application or renewal fee as set by rule;
| ||||||
24 | (4) the name, address, date of birth, and social | ||||||
25 | security number of the qualifying patient, except that if | ||||||
26 | the applicant is homeless no address is required;
|
| |||||||
| |||||||
1 | (5) the name, address, and telephone number of the | ||||||
2 | qualifying patient's certifying health care professional;
| ||||||
3 | (6) the name, address, and date of birth of the | ||||||
4 | designated caregiver, if any, chosen by the qualifying | ||||||
5 | patient;
| ||||||
6 | (7) (blank) the name of the registered medical cannabis | ||||||
7 | dispensing organization the qualifying patient designates ;
| ||||||
8 | (8) signed statements from the patient and designated | ||||||
9 | caregiver asserting that they will not divert medical | ||||||
10 | cannabis; and
| ||||||
11 | (9) (blank).
| ||||||
12 | (b) Notwithstanding any other provision of this Act, a | ||||||
13 | person provided a written certification for a debilitating | ||||||
14 | medical condition who has submitted a completed online | ||||||
15 | application to the Department of Public Health shall receive a | ||||||
16 | provisional registration and be entitled to purchase medical | ||||||
17 | cannabis from a specified licensed dispensing organization for | ||||||
18 | a period of 90 days or until his or her application has been | ||||||
19 | denied or he or she receives a registry identification card, | ||||||
20 | whichever is earlier. However, a person may obtain an | ||||||
21 | additional provisional registration after the expiration of 90 | ||||||
22 | days after the date of application if the Department of Public | ||||||
23 | Health does not provide the individual with a registry | ||||||
24 | identification card or deny the individual's application | ||||||
25 | within those 90 days. | ||||||
26 | The provisional registration may not be extended if the |
| |||||||
| |||||||
1 | individual does not respond to the Department of Public | ||||||
2 | Health's request for additional information or corrections to | ||||||
3 | required application documentation. | ||||||
4 | In order for a person to receive medical cannabis under | ||||||
5 | this subsection, a person must present his or her provisional | ||||||
6 | registration along with a valid driver's license or State | ||||||
7 | identification card to the licensed dispensing organization | ||||||
8 | specified in his or her application . The dispensing | ||||||
9 | organization shall verify the person's provisional | ||||||
10 | registration through the Department of Public Health's online | ||||||
11 | verification system. | ||||||
12 | Upon verification of the provided documents, the | ||||||
13 | dispensing organization shall dispense no more than 2.5 ounces | ||||||
14 | of medical cannabis during a 14-day period to the person for a | ||||||
15 | period of 90 days, until his or her application has been | ||||||
16 | denied, or until he or she receives a registry identification | ||||||
17 | card from the Department of Public Health, whichever is | ||||||
18 | earlier. | ||||||
19 | Persons with provisional registrations must keep their | ||||||
20 | provisional registration in his or her possession at all times | ||||||
21 | when transporting or engaging in the medical use of cannabis. | ||||||
22 | (c) No person or business shall charge a fee for assistance | ||||||
23 | in the preparation, compilation, or submission of an | ||||||
24 | application to the Compassionate Use of Medical Cannabis | ||||||
25 | Program or the Opioid Alternative Pilot Program. A violation of | ||||||
26 | this subsection is a Class C misdemeanor, for which restitution |
| |||||||
| |||||||
1 | to the applicant and a fine of up to $1,500 may be imposed. All | ||||||
2 | fines shall be deposited into the Compassionate Use of Medical | ||||||
3 | Cannabis Fund after restitution has been made to the applicant. | ||||||
4 | The Department of Public Health shall refer individuals making | ||||||
5 | complaints against a person or business under this Section to | ||||||
6 | the Illinois State Police, who shall enforce violations of this | ||||||
7 | provision. All application forms issued by the Department shall | ||||||
8 | state that no person or business may charge a fee for | ||||||
9 | assistance in the preparation, compilation, or submission of an | ||||||
10 | application to the Compassionate Use of Medical Cannabis | ||||||
11 | Program or the Opioid Alternative Pilot Program. | ||||||
12 | (Source: P.A. 100-1114, eff. 8-28-18; 101-363, eff. 8-9-19.)
| ||||||
13 | (410 ILCS 130/60)
| ||||||
14 | Sec. 60. Issuance of registry identification cards.
| ||||||
15 | (a) Except as provided in subsection (b), the Department of | ||||||
16 | Public Health shall:
| ||||||
17 | (1) verify the information contained in an application | ||||||
18 | or renewal for a registry identification card submitted | ||||||
19 | under this Act, and approve or deny an application or | ||||||
20 | renewal, within 90 days of receiving a completed | ||||||
21 | application or renewal application and all supporting | ||||||
22 | documentation specified in Section 55;
| ||||||
23 | (2) issue registry identification cards to a | ||||||
24 | qualifying patient and his or her designated caregiver, if | ||||||
25 | any, within 15 business days of approving the application |
| |||||||
| |||||||
1 | or renewal;
| ||||||
2 | (3) (blank) enter the registry identification number | ||||||
3 | of the registered dispensing organization the patient | ||||||
4 | designates into the verification system ; and
| ||||||
5 | (4) allow for an electronic application process, and | ||||||
6 | provide a confirmation by electronic or other methods that | ||||||
7 | an application has been submitted.
| ||||||
8 | Notwithstanding any other provision of this Act, the | ||||||
9 | Department of Public Health shall adopt rules for qualifying | ||||||
10 | patients and applicants with life-long debilitating medical | ||||||
11 | conditions, who may be charged annual renewal fees. The | ||||||
12 | Department of Public Health shall not require patients and | ||||||
13 | applicants with life-long debilitating medical conditions to | ||||||
14 | apply to renew registry identification cards. | ||||||
15 | (b) The Department of Public Health may not issue a | ||||||
16 | registry identification card to a qualifying patient who is | ||||||
17 | under 18 years of age, unless that patient suffers from | ||||||
18 | seizures, including those characteristic of epilepsy, or as | ||||||
19 | provided by administrative rule. The Department of Public | ||||||
20 | Health shall adopt rules for the issuance of a registry | ||||||
21 | identification card for qualifying patients who are under 18 | ||||||
22 | years of age and suffering from seizures, including those | ||||||
23 | characteristic of epilepsy.
The Department of Public Health may | ||||||
24 | adopt rules to allow other individuals under 18 years of age to | ||||||
25 | become registered qualifying patients under this Act with the | ||||||
26 | consent of a parent or legal guardian. Registered qualifying |
| |||||||
| |||||||
1 | patients under 18 years of age shall be prohibited from | ||||||
2 | consuming forms of cannabis other than medical cannabis infused | ||||||
3 | products and purchasing any usable cannabis. | ||||||
4 | (c) A veteran who has received treatment at a VA hospital | ||||||
5 | is deemed to have a bona fide health care professional-patient | ||||||
6 | relationship with a VA certifying health care professional if | ||||||
7 | the patient has been seen for his or her debilitating medical | ||||||
8 | condition at the VA hospital in accordance with VA hospital | ||||||
9 | protocols.
All reasonable inferences regarding the existence | ||||||
10 | of a bona fide health care professional-patient relationship | ||||||
11 | shall be drawn in favor of an applicant who is a veteran and | ||||||
12 | has undergone treatment at a VA hospital.
| ||||||
13 | (c-10) An individual who submits an application as someone | ||||||
14 | who is terminally ill shall have all fees waived. The | ||||||
15 | Department of Public Health shall within 30 days after this | ||||||
16 | amendatory Act of the 99th General Assembly adopt emergency | ||||||
17 | rules to expedite approval for terminally ill individuals. | ||||||
18 | These rules shall include, but not be limited to, rules that | ||||||
19 | provide that applications by individuals with terminal | ||||||
20 | illnesses shall be approved or denied within 14 days of their | ||||||
21 | submission. | ||||||
22 | (d) No later than 6 months after the effective date of this | ||||||
23 | amendatory Act of the 101st General Assembly, the Secretary of | ||||||
24 | State shall remove all existing notations on driving records | ||||||
25 | that the person is a registered qualifying patient or his or | ||||||
26 | her caregiver under this Act.
|
| |||||||
| |||||||
1 | (e) Upon the approval of the registration and issuance of a | ||||||
2 | registry card under this Section, the Department of Public | ||||||
3 | Health shall electronically forward the registered qualifying | ||||||
4 | patient's identification card information to the Prescription | ||||||
5 | Monitoring Program established under the Illinois Controlled | ||||||
6 | Substances Act and certify that the individual is permitted to | ||||||
7 | engage in the medical use of cannabis. For the purposes of | ||||||
8 | patient care, the Prescription Monitoring Program shall make a | ||||||
9 | notation on the person's prescription record stating that the | ||||||
10 | person is a registered qualifying patient who is entitled to | ||||||
11 | the lawful medical use of cannabis. If the person no longer | ||||||
12 | holds a valid registry card, the Department of Public Health | ||||||
13 | shall notify the Prescription Monitoring Program and | ||||||
14 | Department of Human Services to remove the notation from the | ||||||
15 | person's record. The Department of Human Services and the | ||||||
16 | Prescription Monitoring Program shall establish a system by | ||||||
17 | which the information may be shared electronically. This | ||||||
18 | confidential list may not be combined or linked in any manner | ||||||
19 | with any other list or database except as provided in this | ||||||
20 | Section. | ||||||
21 | (f) (Blank). | ||||||
22 | (Source: P.A. 100-1114, eff. 8-28-18; 101-363, eff. 8-9-19; | ||||||
23 | 101-593, eff. 12-4-19.)
| ||||||
24 | (410 ILCS 130/62) | ||||||
25 | Sec. 62. Opioid Alternative Pilot Program. |
| |||||||
| |||||||
1 | (a) The Department of Public Health shall establish the | ||||||
2 | Opioid Alternative Pilot Program. Licensed dispensing | ||||||
3 | organizations shall allow persons with a written certification | ||||||
4 | from a certifying health care professional under Section 36 to | ||||||
5 | purchase medical cannabis upon enrollment in the Opioid | ||||||
6 | Alternative Pilot Program. The Department of Public Health | ||||||
7 | shall adopt rules or establish procedures allowing qualified | ||||||
8 | veterans to participate in the Opioid Alternative Pilot | ||||||
9 | Program. For a person to receive medical cannabis under this | ||||||
10 | Section, the person must present the written certification | ||||||
11 | along with a valid driver's license or state identification | ||||||
12 | card to the licensed dispensing organization specified in his | ||||||
13 | or her application . The dispensing organization shall verify | ||||||
14 | the person's status as an Opioid Alternative Pilot Program | ||||||
15 | participant through the Department of Public Health's online | ||||||
16 | verification system. | ||||||
17 | (b) The Opioid Alternative Pilot Program shall be limited | ||||||
18 | to participation by Illinois residents age 21 and older. | ||||||
19 | (c) The Department of Financial and Professional | ||||||
20 | Regulation shall specify that all licensed dispensing | ||||||
21 | organizations participating in the Opioid Alternative Pilot | ||||||
22 | Program use the Illinois Cannabis Tracking System. The | ||||||
23 | Department of Public Health shall establish and maintain the | ||||||
24 | Illinois Cannabis Tracking System. The Illinois Cannabis | ||||||
25 | Tracking System shall be used to collect information about all | ||||||
26 | persons participating in the Opioid Alternative Pilot Program |
| |||||||
| |||||||
1 | and shall be used to track the sale of medical cannabis for | ||||||
2 | verification purposes. | ||||||
3 | Each dispensing organization shall retain a copy of the | ||||||
4 | Opioid Alternative Pilot Program certification and other | ||||||
5 | identifying information as required by the Department of | ||||||
6 | Financial and Professional Regulation, the Department of | ||||||
7 | Public Health, and the Illinois State Police in the Illinois | ||||||
8 | Cannabis Tracking System. | ||||||
9 | The Illinois Cannabis Tracking System shall be accessible | ||||||
10 | to the Department of Financial and Professional Regulation, | ||||||
11 | Department of Public Health, Department of Agriculture, and the | ||||||
12 | Illinois State Police. | ||||||
13 | The Department of Financial and Professional Regulation in | ||||||
14 | collaboration with the Department of Public Health shall | ||||||
15 | specify the data requirements for the Opioid Alternative Pilot | ||||||
16 | Program by licensed dispensing organizations; including, but | ||||||
17 | not limited to, the participant's full legal name, address, and | ||||||
18 | date of birth, date on which the Opioid Alternative Pilot | ||||||
19 | Program certification was issued, length of the participation | ||||||
20 | in the Program, including the start and end date to purchase | ||||||
21 | medical cannabis, name of the issuing physician, copy of the | ||||||
22 | participant's current driver's license or State identification | ||||||
23 | card, and phone number. | ||||||
24 | The Illinois Cannabis Tracking System shall provide | ||||||
25 | verification of a person's participation in the Opioid | ||||||
26 | Alternative Pilot Program for law enforcement at any time and |
| |||||||
| |||||||
1 | on any day. | ||||||
2 | (d) The certification for Opioid Alternative Pilot Program | ||||||
3 | participant must be issued by a certifying health care | ||||||
4 | professional who is licensed to practice in Illinois under the | ||||||
5 | Medical Practice Act of 1987, the Nurse Practice Act, or the | ||||||
6 | Physician Assistant Practice Act of 1987 and who is in good | ||||||
7 | standing and holds a controlled substances license under | ||||||
8 | Article III of the Illinois Controlled Substances Act. | ||||||
9 | The certification for an Opioid Alternative Pilot Program | ||||||
10 | participant shall be written within 90 days before the | ||||||
11 | participant submits his or her certification to the dispensing | ||||||
12 | organization. | ||||||
13 | The written certification uploaded to the Illinois | ||||||
14 | Cannabis Tracking System shall be accessible to the Department | ||||||
15 | of Public Health. | ||||||
16 | (e) Upon verification of the individual's valid | ||||||
17 | certification and enrollment in the Illinois Cannabis Tracking | ||||||
18 | System, the dispensing organization may dispense the medical | ||||||
19 | cannabis, in amounts not exceeding 2.5 ounces of medical | ||||||
20 | cannabis per 14-day period to the participant at the | ||||||
21 | participant's specified dispensary for no more than 90 days. | ||||||
22 | An Opioid Alternative Pilot Program participant shall not | ||||||
23 | be registered as a medical cannabis cardholder. The dispensing | ||||||
24 | organization shall verify that the person is not an active | ||||||
25 | registered qualifying patient prior to enrollment in the Opioid | ||||||
26 | Alternative Pilot Program and each time medical cannabis is |
| |||||||
| |||||||
1 | dispensed. | ||||||
2 | Upon receipt of a written certification under the Opioid | ||||||
3 | Alternative Pilot Program, the Department of Public Health | ||||||
4 | shall electronically forward the patient's identification | ||||||
5 | information to the Prescription Monitoring Program established | ||||||
6 | under the Illinois Controlled Substances Act and certify that | ||||||
7 | the individual is permitted to engage in the medical use of | ||||||
8 | cannabis. For the purposes of patient care, the Prescription | ||||||
9 | Monitoring Program shall make a notation on the person's | ||||||
10 | prescription record stating that the person has a written | ||||||
11 | certification under the Opioid Alternative Pilot Program and is | ||||||
12 | a patient who is entitled to the lawful medical use of | ||||||
13 | cannabis. If the person is no longer authorized to engage in | ||||||
14 | the medical use of cannabis, the Department of Public Health | ||||||
15 | shall notify the Prescription Monitoring Program and | ||||||
16 | Department of Human Services to remove the notation from the | ||||||
17 | person's record. The Department of Human Services and the | ||||||
18 | Prescription Monitoring Program shall establish a system by | ||||||
19 | which the information may be shared electronically. This | ||||||
20 | confidential list may not be combined or linked in any manner | ||||||
21 | with any other list or database except as provided in this | ||||||
22 | Section. | ||||||
23 | (f) An Opioid Alternative Pilot Program participant shall | ||||||
24 | not be considered a qualifying patient with a debilitating | ||||||
25 | medical condition under this Act and shall be provided access | ||||||
26 | to medical cannabis solely for the duration of the |
| |||||||
| |||||||
1 | participant's certification. Nothing in this Section shall be | ||||||
2 | construed to limit or prohibit an Opioid Alternative Pilot | ||||||
3 | Program participant who has a debilitating medical condition | ||||||
4 | from applying to the Compassionate Use of Medical Cannabis | ||||||
5 | Program. | ||||||
6 | (g) A person with a provisional registration under Section | ||||||
7 | 55 shall not be considered an Opioid Alternative Pilot Program | ||||||
8 | participant. | ||||||
9 | (h) The Department of Financial and Professional | ||||||
10 | Regulation and the Department of Public Health shall submit | ||||||
11 | emergency rulemaking to implement the changes made by this | ||||||
12 | amendatory Act of the 100th General Assembly by December 1, | ||||||
13 | 2018. The Department of Financial and Professional Regulation, | ||||||
14 | the Department of Agriculture, the Department of Human | ||||||
15 | Services, the Department of Public Health, and the Illinois | ||||||
16 | State Police shall utilize emergency purchase authority for 12 | ||||||
17 | months after the effective date of this amendatory Act of the | ||||||
18 | 100th General Assembly for the purpose of implementing the | ||||||
19 | changes made by this amendatory Act of the 100th General | ||||||
20 | Assembly. | ||||||
21 | (i) Dispensing organizations are not authorized to | ||||||
22 | dispense medical cannabis to Opioid Alternative Pilot Program | ||||||
23 | participants until administrative rules are approved by the | ||||||
24 | Joint Committee on Administrative Rules and go into effect. | ||||||
25 | (j) The provisions of this Section are inoperative on and | ||||||
26 | after July 1, 2020.
|
| |||||||
| |||||||
1 | (Source: P.A. 100-1114, eff. 8-28-18; 101-363, eff. 8-9-19.)
| ||||||
2 | (410 ILCS 130/70)
| ||||||
3 | Sec. 70. Registry identification cards. | ||||||
4 | (a) A registered qualifying patient or designated | ||||||
5 | caregiver must keep their registry identification card in his | ||||||
6 | or her possession at all times when engaging in the medical use | ||||||
7 | of cannabis. | ||||||
8 | (b) Registry identification cards shall contain the | ||||||
9 | following:
| ||||||
10 | (1) the name of the cardholder;
| ||||||
11 | (2) a designation of whether the cardholder is a | ||||||
12 | designated caregiver or qualifying patient;
| ||||||
13 | (3) the date of issuance and expiration date of the | ||||||
14 | registry identification card;
| ||||||
15 | (4) a random alphanumeric identification number that | ||||||
16 | is unique to the cardholder;
| ||||||
17 | (5) if the cardholder is a designated caregiver, the | ||||||
18 | random alphanumeric identification number of the | ||||||
19 | registered qualifying patient the designated caregiver is | ||||||
20 | receiving the registry identification card to assist; and
| ||||||
21 | (6) a photograph of the cardholder, if required by | ||||||
22 | Department of Public Health rules.
| ||||||
23 | (c) To maintain a valid registration identification card, a | ||||||
24 | registered qualifying patient and caregiver must annually | ||||||
25 | resubmit, at least 45 days prior to the expiration date stated |
| |||||||
| |||||||
1 | on the registry identification card, a completed renewal | ||||||
2 | application, renewal fee, and accompanying documentation as | ||||||
3 | described in Department of Public Health rules. The Department | ||||||
4 | of Public Health shall send a notification to a registered | ||||||
5 | qualifying patient or registered designated caregiver 90 days | ||||||
6 | prior to the expiration of the registered qualifying patient's | ||||||
7 | or registered designated caregiver's identification card. If | ||||||
8 | the Department of Public Health fails to grant or deny a | ||||||
9 | renewal application received in accordance with this Section, | ||||||
10 | then the renewal is deemed granted and the registered | ||||||
11 | qualifying patient or registered designated caregiver may | ||||||
12 | continue to use the expired identification card until the | ||||||
13 | Department of Public Health denies the renewal or issues a new | ||||||
14 | identification card.
| ||||||
15 | (d) Except as otherwise provided in this Section, the | ||||||
16 | expiration date is 3 years after the date of issuance.
| ||||||
17 | (e) The Department of Public Health may electronically | ||||||
18 | store in the card any or all of the information listed in | ||||||
19 | subsection (b), along with the address and date of birth of the | ||||||
20 | cardholder and the qualifying patient's designated dispensary | ||||||
21 | organization , to allow it to be read by law enforcement agents.
| ||||||
22 | (Source: P.A. 98-122, eff. 1-1-14; 99-519, eff. 6-30-16 .)
| ||||||
23 | (410 ILCS 130/75)
| ||||||
24 | Sec. 75. Notifications to Department of Public Health and | ||||||
25 | responses; civil penalty. |
| |||||||
| |||||||
1 | (a) The following notifications and Department of Public | ||||||
2 | Health responses are required:
| ||||||
3 | (1) A registered qualifying patient shall notify the | ||||||
4 | Department of Public Health of any change in his or her | ||||||
5 | name or address, or if the registered qualifying patient | ||||||
6 | ceases to have his or her debilitating medical condition, | ||||||
7 | within 10 days of the change.
| ||||||
8 | (2) A registered designated caregiver shall notify the | ||||||
9 | Department of Public Health of any change in his or her | ||||||
10 | name or address, or if the designated caregiver becomes | ||||||
11 | aware the registered qualifying patient passed away, | ||||||
12 | within 10 days of the change.
| ||||||
13 | (3) Before a registered qualifying patient changes his | ||||||
14 | or her designated caregiver, the qualifying patient must | ||||||
15 | notify the Department of Public Health.
| ||||||
16 | (4) If a cardholder loses his or her registry | ||||||
17 | identification card, he or she shall notify the Department | ||||||
18 | within 10 days of becoming aware the card has been lost.
| ||||||
19 | (b) When a cardholder notifies the Department of Public | ||||||
20 | Health of items listed in subsection (a), but remains eligible | ||||||
21 | under this Act, the Department of Public Health shall issue the | ||||||
22 | cardholder a new registry identification card with a new random | ||||||
23 | alphanumeric identification number within 15 business days of | ||||||
24 | receiving the updated information and a fee as specified in | ||||||
25 | Department of Public Health rules. If the person notifying the | ||||||
26 | Department of Public Health is a registered qualifying patient, |
| |||||||
| |||||||
1 | the Department shall also issue his or her registered | ||||||
2 | designated caregiver, if any, a new registry identification | ||||||
3 | card within 15 business days of receiving the updated | ||||||
4 | information.
| ||||||
5 | (c) If a registered qualifying patient ceases to be a | ||||||
6 | registered qualifying patient or changes his or her registered | ||||||
7 | designated caregiver, the Department of Public Health shall | ||||||
8 | promptly notify the designated caregiver. The registered | ||||||
9 | designated caregiver's protections under this Act as to that | ||||||
10 | qualifying patient shall expire 15 days after notification by | ||||||
11 | the Department.
| ||||||
12 | (d) A cardholder who fails to make a notification to the | ||||||
13 | Department of Public Health that is required by this Section is | ||||||
14 | subject to a civil infraction, punishable by a penalty of no | ||||||
15 | more than $150.
| ||||||
16 | (e) (Blank) A registered qualifying patient shall notify | ||||||
17 | the Department of Public Health of any change to his or her | ||||||
18 | designated registered dispensing organization. The Department | ||||||
19 | of Public Health shall provide for immediate changes of a | ||||||
20 | registered qualifying patient's designated registered | ||||||
21 | dispensing organization. Registered dispensing organizations | ||||||
22 | must comply with all requirements of this Act .
| ||||||
23 | (f) If the registered qualifying patient's certifying | ||||||
24 | certifying health care professional notifies the Department in | ||||||
25 | writing that either the registered qualifying patient has | ||||||
26 | ceased to suffer from a debilitating medical condition, that |
| |||||||
| |||||||
1 | the bona fide health care professional-patient relationship | ||||||
2 | has terminated, or that continued use of medical
cannabis would | ||||||
3 | result in contraindication with the patient's
other | ||||||
4 | medication, the card shall become null and void. However, the | ||||||
5 | registered qualifying patient shall have 15 days to destroy his | ||||||
6 | or her remaining medical cannabis and related paraphernalia.
| ||||||
7 | (Source: P.A. 100-1114, eff. 8-28-18; 101-363, eff. 8-9-19; | ||||||
8 | revised 12-9-19.)
| ||||||
9 | (410 ILCS 130/100)
| ||||||
10 | Sec. 100. Cultivation center agent identification card. | ||||||
11 | (a) The Department of Agriculture shall:
| ||||||
12 | (1) verify the information contained in an application | ||||||
13 | or renewal for a cultivation center identification card | ||||||
14 | submitted under this Act, and approve or deny an | ||||||
15 | application or renewal, within 30 days of receiving a | ||||||
16 | completed application or renewal application and all | ||||||
17 | supporting documentation required by rule;
| ||||||
18 | (2) issue a cultivation center agent identification | ||||||
19 | card to a qualifying agent within 15 business days of | ||||||
20 | approving the application or renewal;
| ||||||
21 | (3) enter the registry identification number of the | ||||||
22 | cultivation center where the agent works; and
| ||||||
23 | (4) allow for an electronic application process, and | ||||||
24 | provide a confirmation by electronic or other methods that | ||||||
25 | an application has been submitted.
|
| |||||||
| |||||||
1 | (b) A cultivation center agent must keep his or her | ||||||
2 | identification card visible at all times when on the property | ||||||
3 | of a cultivation center and during the transportation of | ||||||
4 | medical cannabis to a registered dispensary organization.
| ||||||
5 | (c) The cultivation center agent identification cards | ||||||
6 | shall contain the following:
| ||||||
7 | (1) the name of the cardholder;
| ||||||
8 | (2) the date of issuance and expiration date of | ||||||
9 | cultivation center agent identification cards;
| ||||||
10 | (3) a random 10 digit alphanumeric identification | ||||||
11 | number containing at least 4 numbers and at least 4 | ||||||
12 | letters; that is unique to the holder; and
| ||||||
13 | (4) a photograph of the cardholder.
| ||||||
14 | (d) The cultivation center agent identification cards | ||||||
15 | shall be immediately returned to the cultivation center upon | ||||||
16 | termination of employment.
| ||||||
17 | (e) Any card lost by a cultivation center agent shall be | ||||||
18 | reported to the State Police and the Department of Agriculture | ||||||
19 | immediately upon discovery of the loss.
| ||||||
20 | (f) An applicant shall be denied a cultivation center agent | ||||||
21 | identification card if he or she has been convicted of an | ||||||
22 | excluded offense.
| ||||||
23 | (g) An agent may begin employment at a cultivation center | ||||||
24 | while the agent's identification card application is pending. | ||||||
25 | Upon approval, the Department shall issue the agent's | ||||||
26 | identification card to the cultivation center agent applicant. |
| |||||||
| |||||||
1 | If denied, the cultivation center and the applicant shall be | ||||||
2 | notified and the applicant must cease all activity at the | ||||||
3 | cultivation center immediately. | ||||||
4 | (Source: P.A. 98-122, eff. 1-1-14 .)
| ||||||
5 | (410 ILCS 130/145)
| ||||||
6 | Sec. 145. Confidentiality. | ||||||
7 | (a) The following information received and records kept by | ||||||
8 | the
Department of Public Health, Department of Financial and | ||||||
9 | Professional Regulation, Department of Agriculture, or | ||||||
10 | Department of State Police for purposes of administering this | ||||||
11 | Act are subject to all applicable federal privacy laws, | ||||||
12 | confidential, and exempt from the Freedom of Information Act, | ||||||
13 | and not subject to disclosure to any individual or public or | ||||||
14 | private entity, except as necessary for authorized employees of | ||||||
15 | those authorized agencies to perform official duties under this | ||||||
16 | Act and the following information received and records kept by | ||||||
17 | Department of Public Health, Department of Agriculture, | ||||||
18 | Department of Financial and Professional Regulation, and | ||||||
19 | Department of State Police, excluding any existing or | ||||||
20 | non-existing Illinois or national criminal history record | ||||||
21 | information as defined in subsection (d), may be disclosed to | ||||||
22 | each other upon request:
| ||||||
23 | (1) Applications and renewals, their contents, and | ||||||
24 | supporting information submitted by qualifying patients | ||||||
25 | and designated caregivers, including information regarding |
| |||||||
| |||||||
1 | their designated caregivers and certifying health care | ||||||
2 | professionals.
| ||||||
3 | (2) Applications and renewals, their contents, and | ||||||
4 | supporting information submitted by or on behalf of | ||||||
5 | cultivation centers and dispensing organizations in | ||||||
6 | compliance with this Act, including their physical | ||||||
7 | addresses. This does not preclude the release of ownership | ||||||
8 | information of cannabis business establishment licenses or | ||||||
9 | information submitted with an application required to be | ||||||
10 | disclosed pursuant to subsection (c) or pursuant to the | ||||||
11 | Cannabis Regulation and Tax Act.
| ||||||
12 | (3) The individual names and other information | ||||||
13 | identifying persons to whom the Department of Public Health | ||||||
14 | has issued registry identification cards.
| ||||||
15 | (4) Any dispensing information required to be kept | ||||||
16 | under Section 135, Section 150, or Department of Public | ||||||
17 | Health, Department of Agriculture, or Department of | ||||||
18 | Financial and Professional Regulation rules shall identify | ||||||
19 | cardholders and registered cultivation centers by their | ||||||
20 | registry identification numbers and medical cannabis | ||||||
21 | dispensing organizations by their registration number and | ||||||
22 | not contain names or other personally identifying | ||||||
23 | information.
| ||||||
24 | (5) All medical records provided to the Department of | ||||||
25 | Public Health in connection with an application for a | ||||||
26 | registry card.
|
| |||||||
| |||||||
1 | (b) Nothing in this Section precludes the following:
| ||||||
2 | (1) Department of Agriculture, Department of Financial | ||||||
3 | and Professional Regulation, or Public Health employees | ||||||
4 | may notify law enforcement about falsified or fraudulent | ||||||
5 | information submitted to the Departments if the employee | ||||||
6 | who suspects that falsified or fraudulent information has | ||||||
7 | been submitted conferred with his or her supervisor and | ||||||
8 | both agree that circumstances exist that warrant | ||||||
9 | reporting.
| ||||||
10 | (2) If the employee conferred with his or her | ||||||
11 | supervisor and both agree that circumstances exist that | ||||||
12 | warrant reporting, Department of Public Health employees | ||||||
13 | may notify the Department of Financial and Professional | ||||||
14 | Regulation if there is reasonable cause to believe a | ||||||
15 | certifying health care professional:
| ||||||
16 | (A) issued a written certification without a bona | ||||||
17 | fide health care professional-patient relationship | ||||||
18 | under this Act;
| ||||||
19 | (B) issued a written certification to a person who | ||||||
20 | was not under the certifying health care | ||||||
21 | professional's care for the debilitating medical | ||||||
22 | condition; or
| ||||||
23 | (C) failed to abide by the acceptable and | ||||||
24 | prevailing standard of care when evaluating a | ||||||
25 | patient's medical condition.
| ||||||
26 | (3) The Department of Public Health, Department of |
| |||||||
| |||||||
1 | Agriculture, and Department of Financial and Professional | ||||||
2 | Regulation may notify State or local law enforcement about | ||||||
3 | apparent criminal violations of this Act if the employee | ||||||
4 | who suspects the offense has conferred with his or her | ||||||
5 | supervisor and both agree that circumstances exist that | ||||||
6 | warrant reporting.
| ||||||
7 | (4) Medical cannabis cultivation center agents and | ||||||
8 | medical cannabis dispensing organizations may notify the | ||||||
9 | Department of Public Health, Department of Financial and | ||||||
10 | Professional Regulation, or Department of Agriculture of a | ||||||
11 | suspected violation or attempted violation of this Act or | ||||||
12 | the rules issued under it.
| ||||||
13 | (5) Each Department may verify registry identification | ||||||
14 | cards under Section 150.
| ||||||
15 | (6) The submission of the report to the General | ||||||
16 | Assembly under Section 160.
| ||||||
17 | (c) Each State department responsible for licensure under | ||||||
18 | this Act shall publish on the department's website the | ||||||
19 | ownership information and address of each cannabis business | ||||||
20 | establishment licensed under the department's jurisdiction. | ||||||
21 | The ownership information shall include, but is not limited to, | ||||||
22 | the name of the person or entity holding each cannabis business | ||||||
23 | establishment license and any person or entity exercising | ||||||
24 | control of the cannabis business establishment. It is a Class B | ||||||
25 | misdemeanor with a $1,000 fine for any person, including an | ||||||
26 | employee or official of the Department of Public Health, |
| |||||||
| |||||||
1 | Department of Financial and Professional Regulation, or | ||||||
2 | Department of Agriculture or another State agency or local | ||||||
3 | government, to breach the confidentiality of information | ||||||
4 | obtained under this Act.
| ||||||
5 | (d) The Department of Public Health, the Department of | ||||||
6 | Agriculture, the Department of State Police, and the Department | ||||||
7 | of Financial and Professional Regulation shall not share or | ||||||
8 | disclose any existing or non-existing Illinois or national | ||||||
9 | criminal history record information. For the purposes of this | ||||||
10 | Section, "any existing or non-existing Illinois or national | ||||||
11 | criminal history record information" means any Illinois or | ||||||
12 | national criminal history record information, including but | ||||||
13 | not limited to the lack of or non-existence of these records. | ||||||
14 | (Source: P.A. 101-363, eff. 8-9-19.)
| ||||||
15 | Section 40. The Cannabis Regulation and Tax Act is amended | ||||||
16 | by changing Sections 1-10, 15-15, 15-40, 15-50, 20-35, 20-50, | ||||||
17 | 25-35, 30-35, 35-30, 40-30, 55-20, 55-21, 55-28, 55-30, 55-35, | ||||||
18 | 55-85, 60-10, and 65-10 and by adding Article 18 as follows:
| ||||||
19 | (410 ILCS 705/1-10)
| ||||||
20 | Sec. 1-10. Definitions. In this Act: | ||||||
21 | "Adult Use Cultivation Center License" means a license | ||||||
22 | issued by the Department of Agriculture that permits a person | ||||||
23 | to act as a cultivation center under this Act and any | ||||||
24 | administrative rule made in furtherance of this Act. |
| |||||||
| |||||||
1 | "Adult Use Dispensing Organization License" means a | ||||||
2 | license issued by the Department of Financial and Professional | ||||||
3 | Regulation that permits a person to act as a dispensing | ||||||
4 | organization under this Act and any administrative rule made in | ||||||
5 | furtherance of this Act. | ||||||
6 | "Advertise" means to engage in promotional activities | ||||||
7 | including, but not limited to: newspaper, radio, Internet and | ||||||
8 | electronic media, and television advertising; the distribution | ||||||
9 | of fliers and circulars; billboard advertising; and the display | ||||||
10 | of window and interior signs. "Advertise" does not mean | ||||||
11 | exterior signage displaying only the name of the licensed | ||||||
12 | cannabis business establishment. | ||||||
13 | "BLS Region" means a region in Illinois used by the United | ||||||
14 | States Bureau of Labor Statistics to gather and categorize | ||||||
15 | certain employment and wage data. The 17 such regions in | ||||||
16 | Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion, | ||||||
17 | Champaign-Urbana, Chicago-Naperville-Elgin, Danville, | ||||||
18 | Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria, | ||||||
19 | Rockford, St. Louis, Springfield, Northwest Illinois | ||||||
20 | nonmetropolitan area, West Central Illinois nonmetropolitan | ||||||
21 | area, East Central Illinois nonmetropolitan area, and South | ||||||
22 | Illinois nonmetropolitan area. | ||||||
23 | "Cannabis" means marijuana, hashish, and other substances | ||||||
24 | that are identified as including any parts of the plant | ||||||
25 | Cannabis sativa and including derivatives or subspecies, such | ||||||
26 | as indica, of all strains of cannabis, whether growing or not; |
| |||||||
| |||||||
1 | the seeds thereof, the resin extracted from any part of the | ||||||
2 | plant; and any compound, manufacture, salt, derivative, | ||||||
3 | mixture, or preparation of the plant, its seeds, or resin, | ||||||
4 | including tetrahydrocannabinol (THC) and all other naturally | ||||||
5 | produced cannabinol derivatives, whether produced directly or | ||||||
6 | indirectly by extraction; however, "cannabis" does not include | ||||||
7 | the mature stalks of the plant, fiber produced from the stalks, | ||||||
8 | oil or cake made from the seeds of the plant, any other | ||||||
9 | compound, manufacture, salt, derivative, mixture, or | ||||||
10 | preparation of the mature stalks (except the resin extracted | ||||||
11 | from it), fiber, oil or cake, or the sterilized seed of the | ||||||
12 | plant that is incapable of germination. "Cannabis" does not | ||||||
13 | include industrial hemp as defined and authorized under the | ||||||
14 | Industrial Hemp Act. "Cannabis" also means cannabis flower, | ||||||
15 | concentrate, and cannabis-infused products. | ||||||
16 | "Cannabis business establishment" means a cultivation | ||||||
17 | center, craft grower, processing organization, infuser | ||||||
18 | organization, dispensing organization, or transporting | ||||||
19 | organization. | ||||||
20 | "Cannabis concentrate" means a product derived from | ||||||
21 | cannabis that is produced by extracting cannabinoids, | ||||||
22 | including tetrahydrocannabinol (THC), from the plant through | ||||||
23 | the use of propylene glycol, glycerin, butter, olive oil or | ||||||
24 | other typical cooking fats; water, ice, or dry ice; or butane, | ||||||
25 | propane, CO 2 , ethanol, or isopropanol and with the intended use | ||||||
26 | of smoking or making a cannabis-infused product. The use of any |
| |||||||
| |||||||
1 | other solvent is expressly prohibited unless and until it is | ||||||
2 | approved by the Department of Agriculture. | ||||||
3 | "Cannabis container" means a sealed or resealable , | ||||||
4 | traceable, container, or package used for the purpose of | ||||||
5 | containment of cannabis or cannabis-infused product during | ||||||
6 | transportation. | ||||||
7 | "Cannabis flower" means marijuana, hashish, and other | ||||||
8 | substances that are identified as including any parts of the | ||||||
9 | plant Cannabis sativa and including derivatives or subspecies, | ||||||
10 | such as indica, of all strains of cannabis; including raw kief, | ||||||
11 | leaves, and buds, but not resin that has been extracted from | ||||||
12 | any part of such plant; nor any compound, manufacture, salt, | ||||||
13 | derivative, mixture, or preparation of such plant, its seeds, | ||||||
14 | or resin. | ||||||
15 | "Cannabis-infused product" means a beverage, food, oil, | ||||||
16 | ointment, tincture, topical formulation, or another product | ||||||
17 | containing cannabis or cannabis concentrate that is not | ||||||
18 | intended to be smoked. | ||||||
19 | "Cannabis paraphernalia" means equipment, products, or | ||||||
20 | materials intended to be used for planting, propagating, | ||||||
21 | cultivating, growing, harvesting, manufacturing, producing, | ||||||
22 | processing, preparing, testing, analyzing, packaging, | ||||||
23 | repackaging, storing, containing, concealing, ingesting, or | ||||||
24 | otherwise introducing cannabis into the human body. | ||||||
25 | "Cannabis plant monitoring system" or "plant monitoring | ||||||
26 | system" means a system that includes, but is not limited to, |
| |||||||
| |||||||
1 | testing and data collection established and maintained by the | ||||||
2 | cultivation center, craft grower, or processing organization | ||||||
3 | and that is available to the Department of Revenue, the | ||||||
4 | Department of Agriculture, the Department of Financial and | ||||||
5 | Professional Regulation, and the Department of State Police for | ||||||
6 | the purposes of documenting each cannabis plant and monitoring | ||||||
7 | plant development throughout the life cycle of a cannabis plant | ||||||
8 | cultivated for the intended use by a customer from seed | ||||||
9 | planting to final packaging. | ||||||
10 | "Cannabis testing facility" means an entity registered by | ||||||
11 | the Department of Agriculture to test cannabis for potency and | ||||||
12 | contaminants. | ||||||
13 | "Clone" means a plant section from a female cannabis plant | ||||||
14 | not yet rootbound, growing in a water solution or other | ||||||
15 | propagation matrix, that is capable of developing into a new | ||||||
16 | plant. | ||||||
17 | "Community College Cannabis Vocational Training Pilot | ||||||
18 | Program faculty participant" means a person who is 21 years of | ||||||
19 | age or older, licensed by the Department of Agriculture, and is | ||||||
20 | employed or contracted by an Illinois community college to | ||||||
21 | provide student instruction using cannabis plants at an | ||||||
22 | Illinois Community College. | ||||||
23 | "Community College Cannabis Vocational Training Pilot | ||||||
24 | Program faculty participant Agent Identification Card" means a | ||||||
25 | document issued by the Department of Agriculture that | ||||||
26 | identifies a person as Community College Cannabis Vocational |
| |||||||
| |||||||
1 | Training Pilot Program faculty participant. | ||||||
2 | "Conditional Adult Use Dispensing Organization License" | ||||||
3 | means a license awarded to top-scoring applicants for an Adult | ||||||
4 | Use Dispensing Organization License that reserves the right to | ||||||
5 | an Adult Use Dispensing Organization License if the applicant | ||||||
6 | meets certain conditions described in this Act, but does not | ||||||
7 | entitle the recipient to begin purchasing or selling cannabis | ||||||
8 | or cannabis-infused products. | ||||||
9 | "Conditional Adult Use Cultivation Center License" means a | ||||||
10 | license awarded to top-scoring applicants for an Adult Use | ||||||
11 | Cultivation Center License that reserves the right to an Adult | ||||||
12 | Use Cultivation Center License if the applicant meets certain | ||||||
13 | conditions as determined by the Department of Agriculture by | ||||||
14 | rule, but does not entitle the recipient to begin growing, | ||||||
15 | processing, or selling cannabis or cannabis-infused products. | ||||||
16 | "Craft grower" means a facility operated by an organization | ||||||
17 | or business that is licensed by the Department of Agriculture | ||||||
18 | to cultivate, dry, cure, and package cannabis and perform other | ||||||
19 | necessary activities to make cannabis available for sale at a | ||||||
20 | dispensing organization or use at a processing organization. A | ||||||
21 | craft grower may contain up to 5,000 square feet of canopy | ||||||
22 | space on its premises for plants in the flowering state. The | ||||||
23 | Department of Agriculture may authorize an increase or decrease | ||||||
24 | of flowering stage cultivation space in increments of 3,000 | ||||||
25 | square feet by rule based on market need, craft grower | ||||||
26 | capacity, and the licensee's history of compliance or |
| |||||||
| |||||||
1 | noncompliance, with a maximum space of 14,000 square feet for | ||||||
2 | cultivating plants in the flowering stage, which must be | ||||||
3 | cultivated in all stages of growth in an enclosed and secure | ||||||
4 | area. A craft grower may share premises with a processing | ||||||
5 | organization or a dispensing organization, or both, provided | ||||||
6 | each licensee stores currency and cannabis or cannabis-infused | ||||||
7 | products in a separate secured vault to which the other | ||||||
8 | licensee does not have access or all licensees sharing a vault | ||||||
9 | share more than 50% of the same ownership. | ||||||
10 | "Craft grower agent" means a principal officer, board | ||||||
11 | member, employee, or other agent of a craft grower who is 21 | ||||||
12 | years of age or older. | ||||||
13 | "Craft Grower Agent Identification Card" means a document | ||||||
14 | issued by the Department of Agriculture that identifies a | ||||||
15 | person as a craft grower agent. | ||||||
16 | "Cultivation center" means a facility operated by an | ||||||
17 | organization or business that is licensed by the Department of | ||||||
18 | Agriculture to cultivate, process, transport (unless otherwise | ||||||
19 | limited by this Act), and perform other necessary activities to | ||||||
20 | provide cannabis and cannabis-infused products to cannabis | ||||||
21 | business establishments. | ||||||
22 | "Cultivation center agent" means a principal officer, | ||||||
23 | board member, employee, or other agent of a cultivation center | ||||||
24 | who is 21 years of age or older. | ||||||
25 | "Cultivation Center Agent Identification Card" means a | ||||||
26 | document issued by the Department of Agriculture that |
| |||||||
| |||||||
1 | identifies a person as a cultivation center agent. | ||||||
2 | "Currency" means currency and coin of the United States. | ||||||
3 | "Dispensary" means a facility operated by a dispensing | ||||||
4 | organization at which activities licensed by this Act may | ||||||
5 | occur. | ||||||
6 | "Dispensing organization" means a facility operated by an | ||||||
7 | organization or business that is licensed by the Department of | ||||||
8 | Financial and Professional Regulation to acquire cannabis from | ||||||
9 | a cultivation center, craft grower, processing organization, | ||||||
10 | or another dispensary for the purpose of selling or dispensing | ||||||
11 | cannabis, cannabis-infused products, cannabis seeds, | ||||||
12 | paraphernalia, or related supplies under this Act to purchasers | ||||||
13 | or to qualified registered medical cannabis patients and | ||||||
14 | caregivers. As used in this Act, "dispensing organization" | ||||||
15 | includes a registered medical cannabis organization as defined | ||||||
16 | in the Compassionate Use of Medical Cannabis Program Act or its | ||||||
17 | successor Act that has obtained an Early Approval Adult Use | ||||||
18 | Dispensing Organization License. | ||||||
19 | "Dispensing organization agent" means a principal officer, | ||||||
20 | employee, or agent of a dispensing organization who is 21 years | ||||||
21 | of age or older. | ||||||
22 | "Dispensing organization agent identification card" means | ||||||
23 | a document issued by the Department of Financial and | ||||||
24 | Professional Regulation that identifies a person as a | ||||||
25 | dispensing organization agent. | ||||||
26 | "Disproportionately Impacted Area" means a census tract or |
| |||||||
| |||||||
1 | comparable geographic area that satisfies the following | ||||||
2 | criteria as determined by the Department of Commerce and | ||||||
3 | Economic Opportunity, that: | ||||||
4 | (1) meets at least one of the following criteria: | ||||||
5 | (A) the area has a poverty rate of at least 20% | ||||||
6 | according to the latest federal decennial census; or | ||||||
7 | (B) 75% or more of the children in the area | ||||||
8 | participate in the federal free lunch program | ||||||
9 | according to reported statistics from the State Board | ||||||
10 | of Education; or | ||||||
11 | (C) at least 20% of the households in the area | ||||||
12 | receive assistance under the Supplemental Nutrition | ||||||
13 | Assistance Program; or | ||||||
14 | (D) the area has an average unemployment rate, as | ||||||
15 | determined by the Illinois Department of Employment | ||||||
16 | Security, that is more than 120% of the national | ||||||
17 | unemployment average, as determined by the United | ||||||
18 | States Department of Labor, for a period of at least 2 | ||||||
19 | consecutive calendar years preceding the date of the | ||||||
20 | application; and | ||||||
21 | (2) has high rates of arrest, conviction, and | ||||||
22 | incarceration related to the sale, possession, use, | ||||||
23 | cultivation, manufacture, or transport of cannabis. | ||||||
24 | "Early Approval Adult Use Cultivation Center License" | ||||||
25 | means a license that permits a medical cannabis cultivation | ||||||
26 | center licensed under the Compassionate Use of Medical Cannabis |
| |||||||
| |||||||
1 | Program Act as of the effective date of this Act to begin | ||||||
2 | cultivating, infusing, packaging, transporting (unless | ||||||
3 | otherwise provided in this Act), processing and selling | ||||||
4 | cannabis or cannabis-infused product to cannabis business | ||||||
5 | establishments for resale to purchasers as permitted by this | ||||||
6 | Act as of January 1, 2020. | ||||||
7 | "Early Approval Adult Use Dispensing Organization License" | ||||||
8 | means a license that permits a medical cannabis dispensing | ||||||
9 | organization licensed under the Compassionate Use of Medical | ||||||
10 | Cannabis Program Act as of the effective date of this Act to | ||||||
11 | begin selling cannabis or cannabis-infused product to | ||||||
12 | purchasers as permitted by this Act as of January 1, 2020. | ||||||
13 | "Early Approval Adult Use Dispensing Organization at a | ||||||
14 | secondary site" means a license that permits a medical cannabis | ||||||
15 | dispensing organization licensed under the Compassionate Use | ||||||
16 | of Medical Cannabis Program Act as of the effective date of | ||||||
17 | this Act to begin selling cannabis or cannabis-infused product | ||||||
18 | to purchasers as permitted by this Act on January 1, 2020 at a | ||||||
19 | different dispensary location from its existing registered | ||||||
20 | medical dispensary location. | ||||||
21 | "Enclosed, locked facility" means a room, greenhouse, | ||||||
22 | building, or other enclosed area equipped with locks or other | ||||||
23 | security devices that permit access only by cannabis business | ||||||
24 | establishment agents working for the licensed cannabis | ||||||
25 | business establishment or acting pursuant to this Act to | ||||||
26 | cultivate, process, store, or distribute cannabis. |
| |||||||
| |||||||
1 | "Enclosed, locked space" means a closet, room, greenhouse, | ||||||
2 | building or other enclosed area equipped with locks or other | ||||||
3 | security devices that permit access only by authorized | ||||||
4 | individuals under this Act. "Enclosed, locked space" may | ||||||
5 | include: | ||||||
6 | (1) a space within a residential building that (i) is | ||||||
7 | the primary residence of the individual cultivating 5 or | ||||||
8 | fewer cannabis plants that are more than 5 inches tall and | ||||||
9 | (ii) includes sleeping quarters and indoor plumbing. The | ||||||
10 | space must only be accessible by a key or code that is | ||||||
11 | different from any key or code that can be used to access | ||||||
12 | the residential building from the exterior; or | ||||||
13 | (2) a structure, such as a shed or greenhouse, that | ||||||
14 | lies on the same plot of land as a residential building | ||||||
15 | that (i) includes sleeping quarters and indoor plumbing and | ||||||
16 | (ii) is used as a primary residence by the person | ||||||
17 | cultivating 5 or fewer cannabis plants that are more than 5 | ||||||
18 | inches tall, such as a shed or greenhouse. The structure | ||||||
19 | must remain locked when it is unoccupied by people. | ||||||
20 | "Financial institution" has the same meaning as "financial | ||||||
21 | organization" as defined in Section 1501 of the Illinois Income | ||||||
22 | Tax Act, and also includes the holding companies, subsidiaries, | ||||||
23 | and affiliates of such financial organizations. | ||||||
24 | "Flowering stage" means the stage of cultivation where and | ||||||
25 | when a cannabis plant is cultivated to produce plant material | ||||||
26 | for cannabis products. This includes mature plants as follows: |
| |||||||
| |||||||
1 | (1) if greater than 2 stigmas are visible at each | ||||||
2 | internode of the plant; or | ||||||
3 | (2) if the cannabis plant is in an area that has been | ||||||
4 | intentionally deprived of light for a period of time | ||||||
5 | intended to produce flower buds and induce maturation, from | ||||||
6 | the moment the light deprivation began through the | ||||||
7 | remainder of the marijuana plant growth cycle. | ||||||
8 | "Individual" means a natural person. | ||||||
9 | "Infuser organization" or "infuser" means a facility | ||||||
10 | operated by an organization or business that is licensed by the | ||||||
11 | Department of Agriculture to directly incorporate cannabis or | ||||||
12 | cannabis concentrate into a product formulation to produce a | ||||||
13 | cannabis-infused product. | ||||||
14 | "Kief" means the resinous crystal-like trichomes that are | ||||||
15 | found on cannabis and that are accumulated, resulting in a | ||||||
16 | higher concentration of cannabinoids, untreated by heat or | ||||||
17 | pressure, or extracted using a solvent. | ||||||
18 | "Labor peace agreement" means an agreement between a | ||||||
19 | cannabis business establishment and any labor organization | ||||||
20 | recognized under the National Labor Relations Act, referred to | ||||||
21 | in this Act as a bona fide labor organization, that prohibits | ||||||
22 | labor organizations and members from engaging in picketing, | ||||||
23 | work stoppages, boycotts, and any other economic interference | ||||||
24 | with the cannabis business establishment. This agreement means | ||||||
25 | that the cannabis business establishment has agreed not to | ||||||
26 | disrupt efforts by the bona fide labor organization to |
| |||||||
| |||||||
1 | communicate with, and attempt to organize and represent, the | ||||||
2 | cannabis business establishment's employees. The agreement | ||||||
3 | shall provide a bona fide labor organization access at | ||||||
4 | reasonable times to areas in which the cannabis business | ||||||
5 | establishment's employees work, for the purpose of meeting with | ||||||
6 | employees to discuss their right to representation, employment | ||||||
7 | rights under State law, and terms and conditions of employment. | ||||||
8 | This type of agreement shall not mandate a particular method of | ||||||
9 | election or certification of the bona fide labor organization. | ||||||
10 | "Limited access area" means a room or other area under the | ||||||
11 | control of a cannabis dispensing organization licensed under | ||||||
12 | this Act and upon the licensed premises where cannabis sales | ||||||
13 | occur with access limited to purchasers, dispensing | ||||||
14 | organization owners and other dispensing organization agents, | ||||||
15 | or service professionals conducting business with the | ||||||
16 | dispensing organization, or, if sales to registered qualifying | ||||||
17 | patients, caregivers, provisional patients, and Opioid | ||||||
18 | Alternative Pilot Program participants licensed pursuant to | ||||||
19 | the Compassionate Use of Medical Cannabis Program Act are also | ||||||
20 | permitted at the dispensary, registered qualifying patients, | ||||||
21 | caregivers, provisional patients, and Opioid Alternative Pilot | ||||||
22 | Program participants. | ||||||
23 | "Member of an impacted family" means an individual who has | ||||||
24 | a parent, legal guardian, child, spouse, or dependent, or was a | ||||||
25 | dependent of an individual who, prior to the effective date of | ||||||
26 | this Act, was arrested for, convicted of, or adjudicated |
| |||||||
| |||||||
1 | delinquent for any offense that is eligible for expungement | ||||||
2 | under this Act. | ||||||
3 | "Mother plant" means a cannabis plant that is cultivated or | ||||||
4 | maintained for the purpose of generating clones, and that will | ||||||
5 | not be used to produce plant material for sale to an infuser or | ||||||
6 | dispensing organization. | ||||||
7 | "Ordinary public view" means within the sight line with | ||||||
8 | normal visual range of a person, unassisted by visual aids, | ||||||
9 | from a public street or sidewalk adjacent to real property, or | ||||||
10 | from within an adjacent property. | ||||||
11 | "Ownership and control" means ownership of at least 51% of | ||||||
12 | the business, including corporate stock if a corporation, and | ||||||
13 | control over the management and day-to-day operations of the | ||||||
14 | business and an interest in the capital, assets, and profits | ||||||
15 | and losses of the business proportionate to percentage of | ||||||
16 | ownership. | ||||||
17 | "Person" means a natural individual, firm, partnership, | ||||||
18 | association, joint stock company, joint venture, public or | ||||||
19 | private corporation, limited liability company, or a receiver, | ||||||
20 | executor, trustee, guardian, or other representative appointed | ||||||
21 | by order of any court. | ||||||
22 | "Possession limit" means the amount of cannabis under | ||||||
23 | Section 10-10 that may be possessed at any one time by a person | ||||||
24 | 21 years of age or older or who is a registered qualifying | ||||||
25 | medical cannabis patient or caregiver under the Compassionate | ||||||
26 | Use of Medical Cannabis Program Act. |
| |||||||
| |||||||
1 | "Principal officer" includes a cannabis business | ||||||
2 | establishment applicant or licensed cannabis business | ||||||
3 | establishment's board member, owner with more than 1% interest | ||||||
4 | of the total cannabis business establishment or more than 5% | ||||||
5 | interest of the total cannabis business establishment of a | ||||||
6 | publicly traded company, president, vice president, secretary, | ||||||
7 | treasurer, partner, officer, member, manager member, or person | ||||||
8 | with a profit sharing, financial interest, or revenue sharing | ||||||
9 | arrangement. The definition includes a person with authority to | ||||||
10 | control the cannabis business establishment, a person who | ||||||
11 | assumes responsibility for the debts of the cannabis business | ||||||
12 | establishment and who is further defined in this Act. | ||||||
13 | "Primary residence" means a dwelling where a person usually | ||||||
14 | stays or stays more often than other locations. It may be | ||||||
15 | determined by, without limitation, presence, tax filings; | ||||||
16 | address on an Illinois driver's license, an Illinois | ||||||
17 | Identification Card, or an Illinois Person with a Disability | ||||||
18 | Identification Card; or voter registration. No person may have | ||||||
19 | more than one primary residence. | ||||||
20 | "Processing organization" or "processor" means a facility | ||||||
21 | operated by an organization or business that is licensed by the | ||||||
22 | Department of Agriculture to either extract constituent | ||||||
23 | chemicals or compounds to produce cannabis concentrate or | ||||||
24 | incorporate cannabis or cannabis concentrate into a product | ||||||
25 | formulation to produce a cannabis product. | ||||||
26 | "Processing organization agent" means a principal officer, |
| |||||||
| |||||||
1 | board member, employee, or agent of a processing organization. | ||||||
2 | "Processing organization agent identification card" means | ||||||
3 | a document issued by the Department of Agriculture that | ||||||
4 | identifies a person as a processing organization agent. | ||||||
5 | "Purchaser" means a person 21 years of age or older who | ||||||
6 | acquires cannabis for a valuable consideration. "Purchaser" | ||||||
7 | does not include a cardholder under the Compassionate Use of | ||||||
8 | Medical Cannabis Program Act. | ||||||
9 | "Qualified Social Equity Applicant" means a Social Equity | ||||||
10 | Applicant who has been awarded a conditional license under this | ||||||
11 | Act to operate a cannabis business establishment. | ||||||
12 | "Resided" means an individual's primary residence was | ||||||
13 | located within the relevant geographic area as established by 2 | ||||||
14 | of the following: | ||||||
15 | (1) a signed lease agreement that includes the | ||||||
16 | applicant's name; | ||||||
17 | (2) a property deed that includes the applicant's name; | ||||||
18 | (3) school records; | ||||||
19 | (4) a voter registration card; | ||||||
20 | (5) an Illinois driver's license, an Illinois | ||||||
21 | Identification Card, or an Illinois Person with a | ||||||
22 | Disability Identification Card; | ||||||
23 | (6) a paycheck stub; | ||||||
24 | (7) a utility bill; | ||||||
25 | (8) tax records; or | ||||||
26 | (9) any other proof of residency or other information |
| |||||||
| |||||||
1 | necessary to establish residence as provided by rule. | ||||||
2 | "Smoking" means the inhalation of smoke caused by the | ||||||
3 | combustion of cannabis. | ||||||
4 | "Social Equity Applicant" means an applicant that is an | ||||||
5 | Illinois resident that meets one of the following criteria: | ||||||
6 | (1) an applicant with at least 51% ownership and | ||||||
7 | control by one or more individuals who have resided for at | ||||||
8 | least 5 of the preceding 10 years in a Disproportionately | ||||||
9 | Impacted Area; | ||||||
10 | (2) an applicant with at least 51% ownership and | ||||||
11 | control by one or more individuals who:
| ||||||
12 | (i) have been arrested for, convicted of, or | ||||||
13 | adjudicated delinquent for any offense that is | ||||||
14 | eligible for expungement under this Act; or
| ||||||
15 | (ii) is a member of an impacted family; | ||||||
16 | (3) for applicants with a minimum of 10 full-time | ||||||
17 | employees, an applicant with at least 51% of current | ||||||
18 | employees who: | ||||||
19 | (i) currently reside in a Disproportionately | ||||||
20 | Impacted Area; or | ||||||
21 | (ii) have been arrested for, convicted of, or | ||||||
22 | adjudicated delinquent for any offense that is | ||||||
23 | eligible for expungement under this Act or member of an | ||||||
24 | impacted family. | ||||||
25 | Nothing in this Act shall be construed to preempt or limit | ||||||
26 | the duties of any employer under the Job Opportunities for |
| |||||||
| |||||||
1 | Qualified Applicants Act. Nothing in this Act shall permit an | ||||||
2 | employer to require an employee to disclose sealed or expunged | ||||||
3 | offenses, unless otherwise required by law. | ||||||
4 | "Special district" means a unit of local government other | ||||||
5 | than a county, municipality, school district, or the Regional | ||||||
6 | Transportation Authority. | ||||||
7 | "Tincture" means a cannabis-infused solution, typically | ||||||
8 | comprised of alcohol, glycerin, or vegetable oils, derived | ||||||
9 | either directly from the cannabis plant or from a processed | ||||||
10 | cannabis extract. A tincture is not an alcoholic liquor as | ||||||
11 | defined in the Liquor Control Act of 1934. A tincture shall | ||||||
12 | include a calibrated dropper or other similar device capable of | ||||||
13 | accurately measuring servings. | ||||||
14 | "Transporting organization" or "transporter" means an | ||||||
15 | organization or business that is licensed by the Department of | ||||||
16 | Agriculture to transport cannabis or cannabis-infused product | ||||||
17 | on behalf of a cannabis business establishment or a community | ||||||
18 | college licensed under the Community
College Cannabis | ||||||
19 | Vocational Training Pilot Program.
| ||||||
20 | "Transporting organization agent" means a principal | ||||||
21 | officer, board member, employee, or agent of a transporting | ||||||
22 | organization. | ||||||
23 | "Transporting organization agent identification card" | ||||||
24 | means a document issued by the Department of Agriculture that | ||||||
25 | identifies a person as a transporting organization agent. | ||||||
26 | "Unit of local government" means any county, city, village, |
| |||||||
| |||||||
1 | or incorporated town. | ||||||
2 | "Vegetative stage" means the stage of cultivation in which | ||||||
3 | a cannabis plant is propagated to produce additional cannabis | ||||||
4 | plants or reach a sufficient size for production. This includes | ||||||
5 | seedlings, clones, mothers, and other immature cannabis plants | ||||||
6 | as follows: | ||||||
7 | (1) if the cannabis plant is in an area that has not | ||||||
8 | been intentionally deprived of light for a period of time | ||||||
9 | intended to produce flower buds and induce maturation, it | ||||||
10 | has no more than 2 stigmas visible at each internode of the | ||||||
11 | cannabis plant; or | ||||||
12 | (2) any cannabis plant that is cultivated solely for | ||||||
13 | the purpose of propagating clones and is never used to | ||||||
14 | produce cannabis.
| ||||||
15 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
| ||||||
16 | (410 ILCS 705/15-15)
| ||||||
17 | Sec. 15-15. Early Approval Adult Use Dispensing | ||||||
18 | Organization License. | ||||||
19 | (a) Any medical cannabis dispensing organization holding a | ||||||
20 | valid registration under the Compassionate Use of Medical | ||||||
21 | Cannabis Program Act as of the effective date of this Act may, | ||||||
22 | within 60 days of the effective date of this Act, apply to the | ||||||
23 | Department for an Early Approval Adult Use Dispensing | ||||||
24 | Organization License to serve purchasers at any medical | ||||||
25 | cannabis dispensing location in operation on the effective date |
| |||||||
| |||||||
1 | of this Act, pursuant to this Section. | ||||||
2 | (b) A medical cannabis dispensing organization seeking | ||||||
3 | issuance of an Early Approval Adult Use Dispensing Organization | ||||||
4 | License to serve purchasers at any medical cannabis dispensing | ||||||
5 | location in operation as of the effective date of this Act | ||||||
6 | shall submit an application on forms provided by the | ||||||
7 | Department. The application must be submitted by the same | ||||||
8 | person or entity that holds the medical cannabis dispensing | ||||||
9 | organization registration and include the following: | ||||||
10 | (1) Payment of a nonrefundable fee of $30,000 to be | ||||||
11 | deposited into the Cannabis Regulation Fund; | ||||||
12 | (2) Proof of registration as a medical cannabis | ||||||
13 | dispensing organization that is in good standing; | ||||||
14 | (3) Certification that the applicant will comply with | ||||||
15 | the requirements contained in the Compassionate Use of | ||||||
16 | Medical Cannabis Program Act except as provided in this | ||||||
17 | Act; | ||||||
18 | (4) The legal name of the dispensing organization; | ||||||
19 | (5) The physical address of the dispensing | ||||||
20 | organization; | ||||||
21 | (6) The name, address, social security number, and date | ||||||
22 | of birth of each principal officer and board member of the | ||||||
23 | dispensing organization, each of whom must be at least 21 | ||||||
24 | years of age; | ||||||
25 | (7) A nonrefundable Cannabis Business Development Fee | ||||||
26 | equal to 3% of the dispensing organization's total sales |
| |||||||
| |||||||
1 | between June 1, 2018 to June 1, 2019, or $100,000, | ||||||
2 | whichever is less, to be deposited into the Cannabis | ||||||
3 | Business Development Fund; and | ||||||
4 | (8) Identification of one of the following Social | ||||||
5 | Equity Inclusion Plans to be completed by March 31, 2021: | ||||||
6 | (A) Make a contribution of 3% of total sales from | ||||||
7 | June 1, 2018 to June 1, 2019, or $100,000, whichever is | ||||||
8 | less, to the Cannabis Business Development Fund. This | ||||||
9 | is in addition to the fee required by item (7) of this | ||||||
10 | subsection (b); | ||||||
11 | (B) Make a grant of 3% of total sales from June 1, | ||||||
12 | 2018 to June 1, 2019, or $100,000, whichever is less, | ||||||
13 | to a cannabis industry training or education program at | ||||||
14 | an Illinois community college as defined in the Public | ||||||
15 | Community College Act; | ||||||
16 | (C) Make a donation of $100,000 or more to a | ||||||
17 | program that provides job training services to persons | ||||||
18 | recently incarcerated or that operates in a | ||||||
19 | Disproportionately Impacted Area; | ||||||
20 | (D) Participate as a host in a cannabis business | ||||||
21 | establishment incubator program approved by the | ||||||
22 | Department of Commerce and Economic Opportunity, and | ||||||
23 | in which an Early Approval Adult Use Dispensing | ||||||
24 | Organization License holder agrees to provide a loan of | ||||||
25 | at least $100,000 and mentorship to incubate, for at | ||||||
26 | least a year, a Social Equity Applicant intending to |
| |||||||
| |||||||
1 | seek a license or a licensee that qualifies as a Social | ||||||
2 | Equity Applicant. As used in this Section, "incubate" | ||||||
3 | means providing direct financial assistance and | ||||||
4 | training necessary to engage in licensed cannabis | ||||||
5 | industry activity similar to that of the host licensee. | ||||||
6 | The Early Approval Adult Use Dispensing Organization | ||||||
7 | License holder or the same entity holding any other | ||||||
8 | licenses issued pursuant to this Act shall not take an | ||||||
9 | ownership stake of greater than 10% in any business | ||||||
10 | receiving incubation services to comply with this | ||||||
11 | subsection. If an Early Approval Adult Use Dispensing | ||||||
12 | Organization License holder fails to find a business to | ||||||
13 | incubate to comply with this subsection before its | ||||||
14 | Early Approval Adult Use Dispensing Organization | ||||||
15 | License expires, it may opt to meet the requirement of | ||||||
16 | this subsection by completing another item from this | ||||||
17 | subsection; or | ||||||
18 | (E) Participate in a sponsorship program for at | ||||||
19 | least 2 years approved by the Department of Commerce | ||||||
20 | and Economic Opportunity in which an Early Approval | ||||||
21 | Adult Use Dispensing Organization License holder | ||||||
22 | agrees to provide an interest-free loan of at least | ||||||
23 | $200,000 to a Social Equity Applicant. The sponsor | ||||||
24 | shall not take an ownership stake in any cannabis | ||||||
25 | business establishment receiving sponsorship services | ||||||
26 | to comply with this subsection. |
| |||||||
| |||||||
1 | (c) The license fee required by paragraph (1) of subsection | ||||||
2 | (b) of this Section shall be in addition to any license fee | ||||||
3 | required for the renewal of a registered medical cannabis | ||||||
4 | dispensing organization license. | ||||||
5 | (d) Applicants must submit all required information, | ||||||
6 | including the requirements in subsection (b) of this Section, | ||||||
7 | to the Department. Failure by an applicant to submit all | ||||||
8 | required information may result in the application being | ||||||
9 | disqualified. | ||||||
10 | (e) If the Department receives an application that fails to | ||||||
11 | provide the required elements contained in subsection (b), the | ||||||
12 | Department shall issue a deficiency notice to the applicant. | ||||||
13 | The applicant shall have 10 calendar days from the date of the | ||||||
14 | deficiency notice to submit complete information. Applications | ||||||
15 | that are still incomplete after this opportunity to cure may be | ||||||
16 | disqualified. | ||||||
17 | (f) If an applicant meets all the requirements of | ||||||
18 | subsection (b) of this Section, the Department shall issue the | ||||||
19 | Early Approval Adult Use Dispensing Organization License | ||||||
20 | within 14 days of receiving a completed application unless: | ||||||
21 | (1) The licensee or a principal officer is delinquent | ||||||
22 | in filing any required tax returns or paying any amounts | ||||||
23 | owed to the State of Illinois; | ||||||
24 | (2) The Secretary of Financial and Professional | ||||||
25 | Regulation determines there is reason, based on documented | ||||||
26 | compliance violations, the licensee is not entitled to an |
| |||||||
| |||||||
1 | Early Approval Adult Use Dispensing Organization License; | ||||||
2 | or | ||||||
3 | (3) Any principal officer fails to register and remain | ||||||
4 | in compliance with this Act or the Compassionate Use of | ||||||
5 | Medical Cannabis Program Act. | ||||||
6 | (g) A registered medical cannabis dispensing organization | ||||||
7 | that obtains an Early Approval Adult Use Dispensing | ||||||
8 | Organization License may begin selling cannabis, | ||||||
9 | cannabis-infused products, paraphernalia, and related items to | ||||||
10 | purchasers under the rules of this Act no sooner than January | ||||||
11 | 1, 2020. | ||||||
12 | (h) A dispensing organization holding a medical cannabis | ||||||
13 | dispensing organization license issued under the Compassionate | ||||||
14 | Use of Medical Cannabis Program Act must maintain an adequate | ||||||
15 | supply of cannabis and cannabis-infused products for purchase | ||||||
16 | by qualifying patients, caregivers, provisional patients, and | ||||||
17 | Opioid Alternative Pilot Program participants. For the | ||||||
18 | purposes of this subsection, "adequate supply" means a monthly | ||||||
19 | inventory level that is comparable in type and quantity to | ||||||
20 | those medical cannabis products provided to patients and | ||||||
21 | caregivers on an average monthly basis for the 6 months before | ||||||
22 | the effective date of this Act. | ||||||
23 | (i) If there is a shortage of cannabis or cannabis-infused | ||||||
24 | products, a dispensing organization holding both a dispensing | ||||||
25 | organization license under the Compassionate Use of Medical | ||||||
26 | Cannabis Program Act and this Act shall prioritize serving |
| |||||||
| |||||||
1 | qualifying patients, caregivers, provisional patients, and | ||||||
2 | Opioid Alternative Pilot Program participants before serving | ||||||
3 | purchasers. | ||||||
4 | (j) Notwithstanding any law or rule to the contrary, a | ||||||
5 | person that holds a medical cannabis dispensing organization | ||||||
6 | license issued under the Compassionate Use of Medical Cannabis | ||||||
7 | Program Act and an Early Approval Adult Use Dispensing | ||||||
8 | Organization License may permit purchasers into a limited | ||||||
9 | access area as that term is defined in administrative rules | ||||||
10 | made under the authority in the Compassionate Use of Medical | ||||||
11 | Cannabis Program Act. | ||||||
12 | (k) An Early Approval Adult Use Dispensing Organization | ||||||
13 | License is valid until March 31, 2021. A dispensing | ||||||
14 | organization that obtains an Early Approval Adult Use | ||||||
15 | Dispensing Organization License shall receive written or | ||||||
16 | electronic notice 90 days before the expiration of the license | ||||||
17 | that the license will expire, and that informs the license | ||||||
18 | holder that it may apply to renew its Early Approval Adult Use | ||||||
19 | Dispensing Organization License on forms provided by the | ||||||
20 | Department. The Department shall renew the Early Approval Adult | ||||||
21 | Use Dispensing Organization License within 60 days of the | ||||||
22 | renewal application being deemed complete if: | ||||||
23 | (1) the dispensing organization submits an application | ||||||
24 | and the required nonrefundable renewal fee of $30,000, to | ||||||
25 | be deposited into the Cannabis Regulation Fund; | ||||||
26 | (2) the Department has not suspended or permanently |
| |||||||
| |||||||
1 | revoked the Early Approval Adult Use Dispensing | ||||||
2 | Organization License or a medical cannabis dispensing | ||||||
3 | organization license on the same premises for violations of | ||||||
4 | this Act, the Compassionate Use of Medical Cannabis Program | ||||||
5 | Act, or rules adopted pursuant to those Acts; | ||||||
6 | (3) the dispensing organization has completed a Social | ||||||
7 | Equity Inclusion Plan as provided by parts (A), (B), and | ||||||
8 | (C) of paragraph (8) of subsection (b) of this Section or | ||||||
9 | has made substantial progress toward completing a Social | ||||||
10 | Equity Inclusion Plan as provided by parts (D) and (E) of | ||||||
11 | paragraph (8) of subsection (b) of this Section; and | ||||||
12 | (4) the dispensing organization is in compliance with | ||||||
13 | this Act and rules. | ||||||
14 | (l) The Early Approval Adult Use Dispensing Organization | ||||||
15 | License renewed pursuant to subsection (k) of this Section | ||||||
16 | shall expire March 31, 2022. The Early Approval Adult Use | ||||||
17 | Dispensing Organization Licensee shall receive written or | ||||||
18 | electronic notice 90 days before the expiration of the license | ||||||
19 | that the license will expire, and that informs the license | ||||||
20 | holder that it may apply for an Adult Use Dispensing | ||||||
21 | Organization License on forms provided by the Department. The | ||||||
22 | Department shall grant an Adult Use Dispensing Organization | ||||||
23 | License within 60 days of an application being deemed complete | ||||||
24 | if the applicant has met all of the criteria in Section 15-36. | ||||||
25 | (m) If a dispensing organization fails to submit an | ||||||
26 | application for renewal of an Early Approval Adult Use |
| |||||||
| |||||||
1 | Dispensing Organization License or for an Adult Use Dispensing | ||||||
2 | Organization License before the expiration dates provided in | ||||||
3 | subsections (k) and (l) of this Section, the dispensing | ||||||
4 | organization shall cease serving purchasers and cease all | ||||||
5 | operations until it receives a renewal or an Adult Use | ||||||
6 | Dispensing Organization License, as the case may be. | ||||||
7 | (n) A dispensing organization agent who holds a valid | ||||||
8 | dispensing organization agent identification card issued under | ||||||
9 | the Compassionate Use of Medical Cannabis Program Act and is an | ||||||
10 | officer, director, manager, or employee of the dispensing | ||||||
11 | organization licensed under this Section may engage in all | ||||||
12 | activities authorized by this Article to be performed by a | ||||||
13 | dispensing organization agent. | ||||||
14 | (o) If the Department suspends, permanently revokes, or | ||||||
15 | otherwise disciplines the Early Approval Adult Use Dispensing | ||||||
16 | Organization License of a dispensing organization that also | ||||||
17 | holds a medical cannabis dispensing organization license | ||||||
18 | issued under the Compassionate Use of Medical Cannabis Program | ||||||
19 | Act, the Department may consider the suspension, permanent | ||||||
20 | revocation, or other discipline of the medical cannabis | ||||||
21 | dispensing organization license. | ||||||
22 | (p) All fees collected pursuant to this Section shall be | ||||||
23 | deposited into the Cannabis Regulation Fund, unless otherwise | ||||||
24 | specified.
| ||||||
25 | (q) Notwithstanding any limitation set forth in | ||||||
26 | subsections (a) and (b) of this Section, any medical cannabis |
| |||||||
| |||||||
1 | dispensing organization holding a valid registration on June | ||||||
2 | 25, 2019 under the Compassionate Use of Medical Cannabis | ||||||
3 | Program Act that has been awarded an Early Approval Adult Use | ||||||
4 | Dispensing Organization License may apply to the Department to | ||||||
5 | change its location. The new location must be located within | ||||||
6 | the same medical district and BLS Region as the location of the | ||||||
7 | existing registered medical cannabis dispensary associated | ||||||
8 | with the Early Approval Adult Use Dispensing Organization | ||||||
9 | License. The Early Approval Adult Use Dispensing Organization | ||||||
10 | may only apply to relocate under this subsection (q) if one of | ||||||
11 | the following conditions applies: | ||||||
12 | (1) The registered medical cannabis dispensing | ||||||
13 | organization is located in a unit of local government that | ||||||
14 | has restricted the sale of adult use cannabis pursuant to | ||||||
15 | paragraph (5) of Section 55-25 or Section 55-28. | ||||||
16 | (2) The unit of local government in which the Early | ||||||
17 | Approval Adult Use Dispensing Organization is located | ||||||
18 | requests, pursuant to local zoning approval and local | ||||||
19 | authority, that the State allow the Early Approval Adult | ||||||
20 | Use Dispensing Organization to move to a
different location | ||||||
21 | within the same unit of local government due to local | ||||||
22 | zoning concerns or the inability of the Early Approval | ||||||
23 | Adult Use Dispensing Organization to service both medical | ||||||
24 | cannabis patients and adult use customers in an orderly and | ||||||
25 | safe manner. | ||||||
26 | (r) A holder of an Early Approval Adult Use Dispensing |
| |||||||
| |||||||
1 | Organization License applying to change locations under | ||||||
2 | subsection (q) of this Section shall submit the following to | ||||||
3 | the Department: | ||||||
4 | (1) A copy of the unit of local government's ordinance, | ||||||
5 | resolution, or other official document demonstrating that | ||||||
6 | the Early Approval Adult Use Dispensing Organization meets | ||||||
7 | the requirements of either paragraph (1) or (2) of | ||||||
8 | subsection (q). | ||||||
9 | (2) Proof of registration as a medical cannabis | ||||||
10 | dispensing organization that is in good standing. | ||||||
11 | (3) Submission of the application by the same person or | ||||||
12 | entity that holds the medical cannabis dispensing | ||||||
13 | organization registration. | ||||||
14 | (4) The legal name of the medical cannabis dispensing | ||||||
15 | organization. | ||||||
16 | (5) The physical address of the medical cannabis | ||||||
17 | dispensing organization and the proposed physical address | ||||||
18 | of the proposed new site. | ||||||
19 | (6) A copy of the current local zoning ordinance | ||||||
20 | provisions relevant to dispensary operations and | ||||||
21 | documentation of the approval or the conditional approval | ||||||
22 | of the status of a request for zoning approval from the | ||||||
23 | local zoning office that the proposed dispensary location | ||||||
24 | is in compliance with the local zoning rules. | ||||||
25 | (7) A plot plan of the dispensary drawn to scale. The | ||||||
26 | applicant shall submit general specifications of the |
| |||||||
| |||||||
1 | building exterior and interior layout. | ||||||
2 | (8) A statement that the medical cannabis dispensing | ||||||
3 | organization agrees to respond to the Department's | ||||||
4 | supplemental requests for information. | ||||||
5 | (9) For the building or land to be used as the proposed | ||||||
6 | dispensary: | ||||||
7 | (A) if the property is not owned by the applicant, | ||||||
8 | a written statement from the property owner and | ||||||
9 | landlord, if any, certifying consent that the | ||||||
10 | applicant may operate a dispensary on the premises; or | ||||||
11 | (B) if the property is owned by the applicant, | ||||||
12 | confirmation of ownership and a copy of the proposed | ||||||
13 | operating bylaws. | ||||||
14 | (10) A copy of the proposed business plan that complies | ||||||
15 | with the requirements of this Act, including, at a minimum, | ||||||
16 | the following: | ||||||
17 | (A) a description of services to be offered; and | ||||||
18 | (B) a description of the process of dispensing | ||||||
19 | cannabis. | ||||||
20 | (11) A copy of the proposed security plan that complies | ||||||
21 | with the requirements of this Article, including: | ||||||
22 | (A) a description of the delivery process by which | ||||||
23 | cannabis
will be received from a transporting | ||||||
24 | organization, including receipt of manifests and | ||||||
25 | protocols that will be used to avoid diversion, theft, | ||||||
26 | or loss at the dispensary acceptance point; |
| |||||||
| |||||||
1 | (B) the process or controls that will be | ||||||
2 | implemented to monitor the dispensary, secure the | ||||||
3 | premises, agents, patients, and currency, and prevent | ||||||
4 | the diversion, theft, or loss of cannabis; and | ||||||
5 | (C) the process to ensure that access to the | ||||||
6 | restricted access areas is restricted to registered | ||||||
7 | agents, service professionals, transporting | ||||||
8 | organization agents, Department inspectors, and | ||||||
9 | security personnel. | ||||||
10 | (12) A proposed inventory control plan that complies | ||||||
11 | with this Section. | ||||||
12 | (13) The name, address, social security number, and | ||||||
13 | date of birth of each principal officer and board member of | ||||||
14 | the medical cannabis dispensing organization. Each of | ||||||
15 | those individuals must be at least 21 years of age. | ||||||
16 | (s) The Department shall approve any application provided | ||||||
17 | under subsection (q) of this Section upon receipt by the | ||||||
18 | Department of the materials that meet the requirements outlined | ||||||
19 | under subsection (r). | ||||||
20 | (t) An Early Approval Adult Use Dispensing Organization | ||||||
21 | License that has been approved for relocation pursuant to | ||||||
22 | subsection (q) of this Section may begin selling cannabis and | ||||||
23 | cannabis-infused products to purchasers at the approved | ||||||
24 | location and shall be subject to the renewal process under | ||||||
25 | subsections (k) and (l) of this Section. | ||||||
26 | (u) Relocation of an Early Approval Adult Use Dispensing |
| |||||||
| |||||||
1 | Organization License under subsection (q) shall not occur any | ||||||
2 | sooner than 90 days after awarding the first Conditional Adult | ||||||
3 | Use Dispensing Organization Licenses under Section 15-25. | ||||||
4 | (v) The new location of an Early Approval Adult Use | ||||||
5 | Dispensing Organization relocated under subsection (q) shall | ||||||
6 | comply with paragraph (5) of Section 55-25 and Section 55-28. | ||||||
7 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
| ||||||
8 | (410 ILCS 705/15-40)
| ||||||
9 | Sec. 15-40. Dispensing organization agent identification | ||||||
10 | card; agent training. | ||||||
11 | (a) The Department shall: | ||||||
12 | (1) verify the information contained in an application | ||||||
13 | or renewal for a dispensing organization agent | ||||||
14 | identification card submitted under this Article, and | ||||||
15 | approve or deny an application or renewal, within 30 days | ||||||
16 | of receiving a completed application or renewal | ||||||
17 | application and all supporting documentation required by | ||||||
18 | rule; | ||||||
19 | (2) issue a dispensing organization agent | ||||||
20 | identification card to a qualifying agent within 15 | ||||||
21 | business days of approving the application or renewal; | ||||||
22 | (3) enter the registry identification number of the | ||||||
23 | dispensing organization where the agent works; | ||||||
24 | (4) within one year from the effective date of this | ||||||
25 | Act, allow for an electronic application process and |
| |||||||
| |||||||
1 | provide a confirmation by electronic or other methods that | ||||||
2 | an application has been submitted; and | ||||||
3 | (5) collect a $100 nonrefundable fee from the applicant | ||||||
4 | to be deposited into the Cannabis Regulation Fund. | ||||||
5 | (b) A dispensing organization agent must keep his or her | ||||||
6 | identification card visible at all times when in the | ||||||
7 | dispensary. | ||||||
8 | (c) The dispensing organization agent identification cards | ||||||
9 | shall contain the following: | ||||||
10 | (1) the name of the cardholder; | ||||||
11 | (2) the date of issuance and expiration date of the | ||||||
12 | dispensing organization agent identification cards; | ||||||
13 | (3) a random 10-digit alphanumeric identification | ||||||
14 | number containing at least 4 numbers and at least 4 letters | ||||||
15 | that is unique to the cardholder; and | ||||||
16 | (4) a photograph of the cardholder. | ||||||
17 | (d) The dispensing organization agent identification cards | ||||||
18 | shall be immediately returned to the dispensing organization | ||||||
19 | upon termination of employment. | ||||||
20 | (e) The Department shall not issue an agent identification | ||||||
21 | card if the applicant is delinquent in filing any required tax | ||||||
22 | returns or paying any amounts owed to the State of Illinois. | ||||||
23 | (f) Any card lost by a dispensing organization agent shall | ||||||
24 | be reported to the Department of State Police and the | ||||||
25 | Department immediately upon discovery of the loss. | ||||||
26 | (g) An applicant shall be denied a dispensing organization |
| |||||||
| |||||||
1 | agent identification card renewal if he or she fails to | ||||||
2 | complete the training provided for in this Section. | ||||||
3 | (h) A dispensing organization agent shall only be required | ||||||
4 | to hold one card for the same employer regardless of what type | ||||||
5 | of dispensing organization license the employer holds. | ||||||
6 | (i) Cannabis retail sales training requirements. | ||||||
7 | (1) Within 90 days of September 1, 2019, or 90 days of | ||||||
8 | employment, whichever is later, all owners, managers, | ||||||
9 | employees, and agents involved in the handling or sale of | ||||||
10 | cannabis or cannabis-infused product employed by an adult | ||||||
11 | use dispensing organization or medical cannabis dispensing | ||||||
12 | organization as defined in Section 10 of the Compassionate | ||||||
13 | Use of Medical Cannabis Program Act shall attend and | ||||||
14 | successfully complete a Responsible Vendor Program. | ||||||
15 | (2) Each owner, manager, employee, and agent of an | ||||||
16 | adult use dispensing organization or medical cannabis | ||||||
17 | dispensing organization shall successfully complete the | ||||||
18 | program annually. | ||||||
19 | (3) Responsible Vendor Program Training modules shall | ||||||
20 | include at least 2 hours of instruction time approved by | ||||||
21 | the Department including: | ||||||
22 | (i) Health and safety concerns of cannabis use, | ||||||
23 | including the responsible use of cannabis, its | ||||||
24 | physical effects, onset of physiological effects, | ||||||
25 | recognizing signs of impairment, and appropriate | ||||||
26 | responses in the event of overconsumption. |
| |||||||
| |||||||
1 | (ii) Training on laws and regulations on driving | ||||||
2 | while under the influence and operating a watercraft or | ||||||
3 | snowmobile while under the influence. | ||||||
4 | (iii) Sales to minors prohibition. Training shall | ||||||
5 | cover all relevant Illinois laws and rules. | ||||||
6 | (iv) Quantity limitations on sales to purchasers. | ||||||
7 | Training shall cover all relevant Illinois laws and | ||||||
8 | rules. | ||||||
9 | (v) Acceptable forms of identification. Training | ||||||
10 | shall include: | ||||||
11 | (I) How to check identification; and | ||||||
12 | (II) Common mistakes made in verification; | ||||||
13 | (vi) Safe storage of cannabis; | ||||||
14 | (vii) Compliance with all inventory tracking | ||||||
15 | system regulations; | ||||||
16 | (viii) Waste handling, management, and disposal; | ||||||
17 | (ix) Health and safety standards; | ||||||
18 | (x) Maintenance of records; | ||||||
19 | (xi) Security and surveillance requirements; | ||||||
20 | (xii) Permitting inspections by State and local | ||||||
21 | licensing and enforcement authorities; | ||||||
22 | (xiii) Privacy issues; | ||||||
23 | (xiv) Packaging and labeling requirement for sales | ||||||
24 | to purchasers; and | ||||||
25 | (xv) Other areas as determined by rule. | ||||||
26 | (j) Blank. |
| |||||||
| |||||||
1 | (k) Upon the successful completion of the Responsible | ||||||
2 | Vendor Program, the provider shall deliver proof of completion | ||||||
3 | either through mail or electronic communication to the | ||||||
4 | dispensing organization, which shall retain a copy of the | ||||||
5 | certificate. | ||||||
6 | (l) The license of a dispensing organization or medical | ||||||
7 | cannabis dispensing organization whose owners, managers, | ||||||
8 | employees, or agents fail to comply with this Section may be | ||||||
9 | suspended or permanently revoked under Section 15-145 or may | ||||||
10 | face other disciplinary action. | ||||||
11 | (m) The regulation of dispensing organization and medical | ||||||
12 | cannabis dispensing employer and employee training is an | ||||||
13 | exclusive function of the State, and regulation by a unit of | ||||||
14 | local government, including a home rule unit, is prohibited. | ||||||
15 | This subsection (m) is a denial and limitation of home rule | ||||||
16 | powers and functions under subsection (h) of Section 6 of | ||||||
17 | Article VII of the Illinois Constitution. | ||||||
18 | (n) Persons seeking Department approval to offer the | ||||||
19 | training required by paragraph (3) of subsection (i) may apply | ||||||
20 | for such approval between August 1 and August 15 of each | ||||||
21 | odd-numbered year in a manner prescribed by the Department. | ||||||
22 | (o) Persons seeking Department approval to offer the | ||||||
23 | training required by paragraph (3) of subsection (i) shall | ||||||
24 | submit a nonrefundable application fee of $2,000 to be | ||||||
25 | deposited into the Cannabis Regulation Fund or a fee as may be | ||||||
26 | set by rule. Any changes made to the training module shall be |
| |||||||
| |||||||
1 | approved by the Department.
| ||||||
2 | (p) The Department shall not unreasonably deny approval of | ||||||
3 | a training module that meets all the requirements of paragraph | ||||||
4 | (3) of subsection (i). A denial of approval shall include a | ||||||
5 | detailed description of the reasons for the denial. | ||||||
6 | (q) Any person approved to provide the training required by | ||||||
7 | paragraph (3) of subsection (i) shall submit an application for | ||||||
8 | re-approval between August 1 and August 15 of each odd-numbered | ||||||
9 | year and include a nonrefundable application fee of $2,000 to | ||||||
10 | be deposited into the Cannabis Regulation Fund or a fee as may | ||||||
11 | be set by rule.
| ||||||
12 | (r) All persons applying to become or renewing their | ||||||
13 | registrations to be agents, including agents-in-charge and | ||||||
14 | principal officers, shall disclose any disciplinary action | ||||||
15 | taken against them that may have occurred in Illinois, another | ||||||
16 | state, or another country in relation to their employment at a | ||||||
17 | cannabis business establishment or at any cannabis cultivation | ||||||
18 | center, processor, infuser, dispensary, or other cannabis | ||||||
19 | business establishment. | ||||||
20 | (s) An agent may begin employment at a dispensing | ||||||
21 | organization while the agent's identification card application | ||||||
22 | is pending. Upon approval, the Department shall issue the | ||||||
23 | agent's identification card to the dispensing organization | ||||||
24 | agent applicant. If denied, the dispensing organization and the | ||||||
25 | applicant shall be notified and the applicant must cease all | ||||||
26 | activity at the dispensing organization immediately. |
| |||||||
| |||||||
1 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
| ||||||
2 | (410 ILCS 705/15-50)
| ||||||
3 | Sec. 15-50. Disclosure of ownership and control. | ||||||
4 | (a) Each dispensing organization applicant and licensee | ||||||
5 | shall file and maintain a Table of Organization, Ownership and | ||||||
6 | Control with the Department. The Table of Organization, | ||||||
7 | Ownership and Control shall contain the information required by | ||||||
8 | this Section in sufficient detail to identify all owners, | ||||||
9 | directors, and principal officers, and the title of each | ||||||
10 | principal officer or business entity that, through direct or | ||||||
11 | indirect means, manages, owns, or controls the applicant or | ||||||
12 | licensee. | ||||||
13 | (b) The Table of Organization, Ownership and Control shall | ||||||
14 | identify the following information: | ||||||
15 | (1) The management structure, ownership, and control | ||||||
16 | of the applicant or license holder including the name of | ||||||
17 | each principal officer or business entity, the office or | ||||||
18 | position held, and the percentage ownership interest, if | ||||||
19 | any. If the business entity has a parent company, the name | ||||||
20 | of each owner, board member, and officer of the parent | ||||||
21 | company and his or her percentage ownership interest in the | ||||||
22 | parent company and the dispensing organization. | ||||||
23 | (2) If the applicant or licensee is a business entity | ||||||
24 | with publicly traded stock, the identification of | ||||||
25 | ownership shall be provided as required in subsection (c). |
| |||||||
| |||||||
1 | (3) The identity, including the name and address, of | ||||||
2 | every person or entity having a financial or voting | ||||||
3 | interest of 5% or more in the dispensing organization for | ||||||
4 | which the license is sought, whether the person or entity | ||||||
5 | is a trust, corporation, partnership, limited liability | ||||||
6 | company, or sole proprietorship. | ||||||
7 | (c) If a business entity identified in subsection (b) is a | ||||||
8 | publicly traded company, the following information shall be | ||||||
9 | provided in the Table of Organization, Ownership and Control: | ||||||
10 | (1) The name and percentage of ownership interest of | ||||||
11 | each individual or business entity with ownership of more | ||||||
12 | than 5% of the voting shares of the entity, to the extent | ||||||
13 | such information is known or contained in 13D or 13G | ||||||
14 | Securities and Exchange Commission filings. | ||||||
15 | (2) To the extent known, the names and percentage of | ||||||
16 | interest of ownership of persons who are relatives of one | ||||||
17 | another and who together exercise control over or own more | ||||||
18 | than 10% of the voting shares of the entity. | ||||||
19 | (d) A dispensing organization with a parent company or | ||||||
20 | companies, or partially owned or controlled by another entity | ||||||
21 | must disclose to the Department the relationship and all | ||||||
22 | owners, board members, officers, or individuals with control or | ||||||
23 | management of those entities. A dispensing organization shall | ||||||
24 | not shield its ownership or control from the Department. | ||||||
25 | (e) All principal officers must submit a complete online | ||||||
26 | application with the Department within 14 days of the |
| |||||||
| |||||||
1 | dispensing organization being licensed by the Department or | ||||||
2 | within 14 days of Department notice of approval as a new | ||||||
3 | principal officer. | ||||||
4 | (f) A principal officer may not allow his or her | ||||||
5 | registration to expire. | ||||||
6 | (g) A dispensing organization separating with a principal | ||||||
7 | officer must do so under this Act. The principal officer must | ||||||
8 | communicate the separation to the Department within 5 business | ||||||
9 | days. | ||||||
10 | (h) A principal officer not in compliance with the | ||||||
11 | requirements of this Act shall be removed from his or her | ||||||
12 | position with the dispensing organization or shall otherwise | ||||||
13 | terminate his or her affiliation. Failure to do so may subject | ||||||
14 | the dispensing organization to discipline, suspension, or | ||||||
15 | revocation of its license by the Department. | ||||||
16 | (i) It is the responsibility of the dispensing organization | ||||||
17 | and its principal officers to promptly notify the Department of | ||||||
18 | any change of the principal place of business address, hours of | ||||||
19 | operation, change in ownership or control, or a change of the | ||||||
20 | dispensing organization's primary or secondary contact | ||||||
21 | information. Any changes must be made to the Department in | ||||||
22 | writing.
| ||||||
23 | (Source: P.A. 101-27, eff. 6-25-19.)
| ||||||
24 | (410 ILCS 705/Art. 18 heading new) | ||||||
25 | Article 18. |
| |||||||
| |||||||
1 | Tied Applicants | ||||||
2 | (410 ILCS 705/18-1 new) | ||||||
3 | Sec. 18-1. Definitions. In this Article: | ||||||
4 | "Applicant" means the Proposed Dispensing Organization | ||||||
5 | Name as stated on a license application for a Conditional Adult | ||||||
6 | Use Dispensing Organization License issued under subsection | ||||||
7 | (a) of Section 15-25. | ||||||
8 | "Application points" means the number of points an | ||||||
9 | applicant receives at the conclusion of the scoring
process. | ||||||
10 | "BLS Region" means a region in Illinois used by the United | ||||||
11 | States Bureau of Labor Statistics to gather and categorize | ||||||
12 | certain employment and wage data. The regions in Illinois are: | ||||||
13 | Bloomington, Cape Girardeau, Carbondale-Marion, | ||||||
14 | Champaign-Urbana, Chicago-Naperville-Elgin, Danville, | ||||||
15 | Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria, | ||||||
16 | Rockford, St. Louis, Springfield, Northwest Illinois | ||||||
17 | nonmetropolitan area, West Central Illinois nonmetropolitan | ||||||
18 | area, East Central Illinois nonmetropolitan area, and South | ||||||
19 | Illinois nonmetropolitan area. | ||||||
20 | "By lot" means a randomized method of choosing between 2 or | ||||||
21 | more eligible applicants. | ||||||
22 | "Department" means the Department of Financial and | ||||||
23 | Professional Regulation. | ||||||
24 | "Dispensing Organization License" means any Early Approval | ||||||
25 | Adult Use Dispensing Organization License, Conditional Adult |
| |||||||
| |||||||
1 | Use Dispensing Organization License, or Adult Use Dispensing | ||||||
2 | Organization Licenses. | ||||||
3 | "Eligible applicant" means a tied applicant that is | ||||||
4 | eligible to participate in the process by which a remaining | ||||||
5 | available license is distributed by lot. | ||||||
6 | "License" means a Conditional Adult Use Dispensing | ||||||
7 | Organization Licenses issued under subsection (a) of Section | ||||||
8 | 15-25. | ||||||
9 | "Principal officer" includes a cannabis business | ||||||
10 | establishment applicant or licensed cannabis business | ||||||
11 | establishment's board member, an owner with more than 1% | ||||||
12 | interest of the total cannabis business establishment or more | ||||||
13 | than 5% interest of the total cannabis business establishment | ||||||
14 | of a publicly traded company, a president, a vice president, a | ||||||
15 | secretary, a treasurer, a partner, an officer, a member, a | ||||||
16 | manager member, or a person with a profit sharing, financial | ||||||
17 | interest, or revenue sharing arrangement. "Principal officer" | ||||||
18 | includes a person with authority to control the cannabis | ||||||
19 | business establishment who assumes responsibility for the | ||||||
20 | debts of the cannabis business establishment and who meets the | ||||||
21 | definition of "principal officer" as that term is defined under | ||||||
22 | Section 1-10. | ||||||
23 | "Remaining available license" means a license in a BLS | ||||||
24 | Region that has not been awarded by the Department at the | ||||||
25 | conclusion of the scoring process period. There may be more | ||||||
26 | than one remaining available license in a BLS Region.
For |
| |||||||
| |||||||
1 | example, if 4 licenses are available in a BLS Region and the 5 | ||||||
2 | highest-scoring applicants receive scores of 245, 240, 235, | ||||||
3 | 235, and 235 points, the applicants receiving 245 and 240 | ||||||
4 | application points will be awarded licenses and the 3 | ||||||
5 | applicants receiving 235 points may become eligible | ||||||
6 | applicants. Likewise, if one license is available in a BLS | ||||||
7 | Region and there are 5 applicants with the highest score, all 5 | ||||||
8 | applicants may become eligible applicants. | ||||||
9 | "Scoring process period" is the period of time between the | ||||||
10 | conclusion of the submission period for a license application | ||||||
11 | and when the Department publishes the following information: | ||||||
12 | (1) the names of applicants that have been awarded | ||||||
13 | licenses based on their receiving the highest number of | ||||||
14 | application points; and | ||||||
15 | (2) the names of tied applicants that may become | ||||||
16 | eligible applicants. | ||||||
17 | "Tied applicant" means an applicant for a Conditional Adult | ||||||
18 | Use Dispensing Organization License issued under subsection | ||||||
19 | (a) of Section 15-25 that has received the same number of | ||||||
20 | application points as one or more other applicants in the same | ||||||
21 | BLS Region and would have been awarded a license but for the | ||||||
22 | one or more other applicants that received the same number of | ||||||
23 | application points.
| ||||||
24 | (410 ILCS 705/18-5 new) | ||||||
25 | Sec. 18-5. Method of distribution of licenses; tied |
| |||||||
| |||||||
1 | applicants in a BLS Region. | ||||||
2 | (a) A tied applicant may qualify as an eligible applicant, | ||||||
3 | subject to the following: | ||||||
4 | (1) A tied applicant is prohibited from becoming an | ||||||
5 | eligible applicant if a principal officer of the tied | ||||||
6 | applicant is a principal officer of more tied applicants | ||||||
7 | than the number of remaining available licenses. For | ||||||
8 | example, if an individual is a principal officer of 4 tied | ||||||
9 | applicants and there are 2 remaining available licenses, no | ||||||
10 | more than 2 of those tied applicants may become eligible | ||||||
11 | applicants. | ||||||
12 | (2) A tied applicant is prohibited from becoming an | ||||||
13 | eligible applicant if a principal officer of a tied | ||||||
14 | applicant resigns after the conclusion of the scoring
| ||||||
15 | process period. | ||||||
16 | (3) A tied applicant is prohibited from becoming an | ||||||
17 | eligible applicant if, after the conclusion of the | ||||||
18 | declination period identified pursuant to subsection (b), | ||||||
19 | a principal officer of the applicant is a principal officer | ||||||
20 | of more tied applicants than the number of remaining | ||||||
21 | available licenses. | ||||||
22 | (b) A tied applicant may decline to become an eligible | ||||||
23 | applicant by informing the Department within 5 business days of | ||||||
24 | the conclusion of the scoring process. The declination must be | ||||||
25 | submitted on forms approved by the Department. | ||||||
26 | (c) If at the conclusion of the scoring process period |
| |||||||
| |||||||
1 | there are 2 or more eligible applicants, the Department may | ||||||
2 | distribute the remaining available licenses by lot, subject to | ||||||
3 | the following: | ||||||
4 | (1) The Department shall publish a list of eligible | ||||||
5 | applicants at least 5 business days before the day the | ||||||
6 | remaining available licenses are distributed. | ||||||
7 | (2) The drawing by lot for all remaining available | ||||||
8 | licenses shall occur on the same day. | ||||||
9 | (3) For each BLS Region, the Department shall draw a | ||||||
10 | number of eligible applicants equal to 5 times the number | ||||||
11 | of remaining eligible applicants. | ||||||
12 | (4) Within each BLS Region, the first eligible | ||||||
13 | applicant drawn shall have the first right to a remaining | ||||||
14 | available license. The second eligible applicant drawn | ||||||
15 | shall have the second right to a remaining available | ||||||
16 | license. The same pattern shall continue for each | ||||||
17 | subsequent eligible applicant drawn. | ||||||
18 | (5) The process for distributing remaining available | ||||||
19 | licenses shall be recorded by the Department in a format at | ||||||
20 | its discretion. | ||||||
21 | (6) If upon being selected for a remaining available | ||||||
22 | license the eligible applicant has a principal officer that | ||||||
23 | is a principal officer in more than 10 Early Approval Adult | ||||||
24 | Use Dispensing Organization Licenses, Early Approval Adult | ||||||
25 | Use Dispensing Organization Licenses at secondary sites, | ||||||
26 | Conditional Adult Use Dispensing Organization Licenses, or |
| |||||||
| |||||||
1 | Adult Use Dispensing Organization Licenses, the licensees | ||||||
2 | and the eligible applicant listing principal officer must | ||||||
3 | choose which license to abandon pursuant to subsection (d) | ||||||
4 | of Section 15-36 and notify the Department in writing | ||||||
5 | within 5 business days. If the eligible applicant or | ||||||
6 | licensees do not notify the Department as required, the | ||||||
7 | Department shall refuse to issue all remaining available | ||||||
8 | licenses obtained by lot in all BLS Regions to the eligible | ||||||
9 | applicant. | ||||||
10 | (7) All remaining available licenses that are | ||||||
11 | abandoned shall be distributed to the next eligible | ||||||
12 | applicant drawn by lot. If there are no additional eligible | ||||||
13 | applicants, the license shall be awarded to the applicant | ||||||
14 | receiving the next highest number of application points in | ||||||
15 | the BLS Region.
| ||||||
16 | (410 ILCS 705/20-35)
| ||||||
17 | Sec. 20-35. Cultivation center agent identification card. | ||||||
18 | (a) The Department of Agriculture shall: | ||||||
19 | (1) establish by rule the information required in an | ||||||
20 | initial application or renewal application for an agent | ||||||
21 | identification card submitted under this Act and the | ||||||
22 | nonrefundable fee to accompany the initial application or | ||||||
23 | renewal application; | ||||||
24 | (2) verify the information contained in an initial | ||||||
25 | application or renewal application for an agent |
| |||||||
| |||||||
1 | identification card submitted under this Act, and approve | ||||||
2 | or deny an application within 30 days of receiving a | ||||||
3 | completed initial application or renewal application and | ||||||
4 | all supporting documentation required by rule; | ||||||
5 | (3) issue an agent identification card to a qualifying | ||||||
6 | agent within 15 business days of approving the initial | ||||||
7 | application or renewal application; | ||||||
8 | (4) enter the license number of the cultivation center | ||||||
9 | where the agent works; and | ||||||
10 | (5) allow for an electronic initial application and | ||||||
11 | renewal application process, and provide a confirmation by | ||||||
12 | electronic or other methods that an application has been | ||||||
13 | submitted. The Department of Agriculture may by rule | ||||||
14 | require prospective agents to file their applications by | ||||||
15 | electronic means and provide notices to the agents by | ||||||
16 | electronic means. | ||||||
17 | (b) An agent must keep his or her identification card | ||||||
18 | visible at all times when on the property of the cultivation | ||||||
19 | center at which the agent is employed. | ||||||
20 | (c) The agent identification cards shall contain the | ||||||
21 | following: | ||||||
22 | (1) the name of the cardholder; | ||||||
23 | (2) the date of issuance and expiration date of the | ||||||
24 | identification card; | ||||||
25 | (3) a random 10-digit alphanumeric identification | ||||||
26 | number containing at least 4 numbers and at least 4 letters |
| |||||||
| |||||||
1 | that is unique to the holder; | ||||||
2 | (4) a photograph of the cardholder; and | ||||||
3 | (5) the legal name of the cultivation center employing | ||||||
4 | the agent. | ||||||
5 | (d) An agent identification card shall be immediately | ||||||
6 | returned to the cultivation center of the agent upon | ||||||
7 | termination of his or her employment. | ||||||
8 | (e) Any agent identification card lost by a cultivation | ||||||
9 | center agent shall be reported to the Department of State | ||||||
10 | Police and the Department of Agriculture immediately upon | ||||||
11 | discovery of the loss. | ||||||
12 | (f) The Department of Agriculture shall not issue an agent | ||||||
13 | identification card if the applicant is delinquent in filing | ||||||
14 | any required tax returns or paying any amounts owed to the | ||||||
15 | State of Illinois.
| ||||||
16 | (g) An agent may begin employment at a cultivation center | ||||||
17 | while the agent's identification card application is pending. | ||||||
18 | Upon approval, the Department shall issue the agent's | ||||||
19 | identification card to the cultivation center agent applicant. | ||||||
20 | If denied, the cultivation center and the applicant shall be | ||||||
21 | notified and the applicant must cease all activity at the | ||||||
22 | cultivation center immediately. | ||||||
23 | (Source: P.A. 101-27, eff. 6-25-19.)
| ||||||
24 | (410 ILCS 705/20-50)
| ||||||
25 | Sec. 20-50. Cultivator taxes; returns. |
| |||||||
| |||||||
1 | (a) A tax is imposed upon the privilege of cultivating and | ||||||
2 | processing adult use cannabis at the rate of 7% of the gross | ||||||
3 | receipts from the sale of cannabis by a cultivator to a | ||||||
4 | dispensing organization. The sale of any adult use product that | ||||||
5 | contains any amount of cannabis or any derivative thereof is | ||||||
6 | subject to the tax under this Section on the full selling price | ||||||
7 | of the product. The proceeds from this tax shall be deposited | ||||||
8 | into the Cannabis Regulation Fund. This tax shall be paid by | ||||||
9 | the cultivator who makes the first sale and is not the | ||||||
10 | responsibility of a dispensing organization, qualifying | ||||||
11 | patient, or purchaser. | ||||||
12 | (b) In the administration of and compliance with this | ||||||
13 | Section, the Department of Revenue and persons who are subject | ||||||
14 | to this Section: (i) have the same rights, remedies, | ||||||
15 | privileges, immunities, powers, and duties, (ii) are subject to | ||||||
16 | the same conditions, restrictions, limitations, penalties, and | ||||||
17 | definitions of terms, and (iii) shall employ the same modes of | ||||||
18 | procedure as are set forth in the Cannabis Cultivation | ||||||
19 | Privilege Tax Law and the Uniform Penalty and Interest Act as | ||||||
20 | if those provisions were set forth in this Section. | ||||||
21 | (c) The tax imposed under this Act shall be in addition to | ||||||
22 | all other occupation or privilege taxes imposed by the State of | ||||||
23 | Illinois or by any municipal corporation or political | ||||||
24 | subdivision thereof.
| ||||||
25 | (d) Notwithstanding any other provision of law, no special
| ||||||
26 | district may levy a tax upon the cultivation and
processing of |
| |||||||
| |||||||
1 | adult use cannabis. | ||||||
2 | (Source: P.A. 101-27, eff. 6-25-19.)
| ||||||
3 | (410 ILCS 705/25-35) | ||||||
4 | (Section scheduled to be repealed on July 1, 2026)
| ||||||
5 | Sec. 25-35. Community College Cannabis Vocational Training | ||||||
6 | Pilot Program faculty participant agent identification card. | ||||||
7 | (a) The Department shall: | ||||||
8 | (1) establish by rule the information required in an | ||||||
9 | initial application or renewal application for an agent | ||||||
10 | identification card submitted under this Article and the | ||||||
11 | nonrefundable fee to accompany the initial application or | ||||||
12 | renewal application; | ||||||
13 | (2) verify the information contained in an initial | ||||||
14 | application or renewal application for an agent | ||||||
15 | identification card submitted under this Article, and | ||||||
16 | approve or deny an application within 30 days of receiving | ||||||
17 | a completed initial application or renewal application and | ||||||
18 | all supporting documentation required by rule; | ||||||
19 | (3) issue an agent identification card to a qualifying | ||||||
20 | agent within 15 business days of approving the initial | ||||||
21 | application or renewal application; | ||||||
22 | (4) enter the license number of the community college | ||||||
23 | where the agent works; and | ||||||
24 | (5) allow for an electronic initial application and | ||||||
25 | renewal application process, and provide a confirmation by |
| |||||||
| |||||||
1 | electronic or other methods that an application has been | ||||||
2 | submitted. Each Department may by rule require prospective | ||||||
3 | agents to file their applications by electronic means and | ||||||
4 | to provide notices to the agents by electronic means. | ||||||
5 | (b) An agent must keep his or her identification card | ||||||
6 | visible at all times when in the enclosed, locked facility, or | ||||||
7 | facilities for which he or she is an agent. | ||||||
8 | (c) The agent identification cards shall contain the | ||||||
9 | following: | ||||||
10 | (1) the name of the cardholder; | ||||||
11 | (2) the date of issuance and expiration date of the | ||||||
12 | identification card; | ||||||
13 | (3) a random 10-digit alphanumeric identification | ||||||
14 | number containing at least 4 numbers and at least 4 letters | ||||||
15 | that is unique to the holder; | ||||||
16 | (4) a photograph of the cardholder; and | ||||||
17 | (5) the legal name of the community college employing | ||||||
18 | the agent. | ||||||
19 | (d) An agent identification card shall be immediately | ||||||
20 | returned to the community college of the agent upon termination | ||||||
21 | of his or her employment. | ||||||
22 | (e) Any agent identification card lost shall be reported to | ||||||
23 | the Department of State Police and the Department of | ||||||
24 | Agriculture immediately upon discovery of the loss.
| ||||||
25 | (f) An agent may begin employment at a Community College | ||||||
26 | Cannabis Vocational Training Pilot Program while the agent's |
| |||||||
| |||||||
1 | identification card application is pending. Upon approval, the | ||||||
2 | Department shall issue the agent's identification card to the | ||||||
3 | Community College Cannabis Vocational Training Pilot Program | ||||||
4 | participant agent applicant. If denied, the Community College | ||||||
5 | Cannabis Vocational Training Pilot Program and the participant | ||||||
6 | applicant shall be notified and the applicant must cease all | ||||||
7 | activity at the cultivation center immediately. | ||||||
8 | (Source: P.A. 101-27, eff. 6-25-19.)
| ||||||
9 | (410 ILCS 705/30-35)
| ||||||
10 | Sec. 30-35. Craft grower agent identification card. | ||||||
11 | (a) The Department of Agriculture shall: | ||||||
12 | (1) establish by rule the information required in an | ||||||
13 | initial application or renewal application for an agent | ||||||
14 | identification card submitted under this Act and the | ||||||
15 | nonrefundable fee to accompany the initial application or | ||||||
16 | renewal application; | ||||||
17 | (2) verify the information contained in an initial | ||||||
18 | application or renewal application for an agent | ||||||
19 | identification card submitted under this Act and approve or | ||||||
20 | deny an application within 30 days of receiving a completed | ||||||
21 | initial application or renewal application and all | ||||||
22 | supporting documentation required by rule; | ||||||
23 | (3) issue an agent identification card to a qualifying | ||||||
24 | agent within 15 business days of approving the initial | ||||||
25 | application or renewal application; |
| |||||||
| |||||||
1 | (4) enter the license number of the craft grower where | ||||||
2 | the agent works; and | ||||||
3 | (5) allow for an electronic initial application and | ||||||
4 | renewal application process, and provide a confirmation by | ||||||
5 | electronic or other methods that an application has been | ||||||
6 | submitted. The Department of Agriculture may by rule | ||||||
7 | require prospective agents to file their applications by | ||||||
8 | electronic means and provide notices to the agents by | ||||||
9 | electronic means. | ||||||
10 | (b) An agent must keep his or her identification card | ||||||
11 | visible at all times when on the property of a cannabis | ||||||
12 | business establishment, including the craft grower | ||||||
13 | organization for which he or she is an agent. | ||||||
14 | (c) The agent identification cards shall contain the | ||||||
15 | following: | ||||||
16 | (1) the name of the cardholder; | ||||||
17 | (2) the date of issuance and expiration date of the | ||||||
18 | identification card; | ||||||
19 | (3) a random 10-digit alphanumeric identification | ||||||
20 | number containing at least 4 numbers and at least 4 letters | ||||||
21 | that is unique to the holder; | ||||||
22 | (4) a photograph of the cardholder; and | ||||||
23 | (5) the legal name of the craft grower organization | ||||||
24 | employing the agent. | ||||||
25 | (d) An agent identification card shall be immediately | ||||||
26 | returned to the cannabis business establishment of the agent |
| |||||||
| |||||||
1 | upon termination of his or her employment. | ||||||
2 | (e) Any agent identification card lost by a craft grower | ||||||
3 | agent shall be reported to the Department of State Police and | ||||||
4 | the Department of Agriculture immediately upon discovery of the | ||||||
5 | loss.
| ||||||
6 | (f) An agent may begin employment at a craft grower | ||||||
7 | organization while the agent's identification card application | ||||||
8 | is pending. Upon approval, the Department shall issue the | ||||||
9 | agent's identification card to the craft grower organization | ||||||
10 | agent applicant. If denied, the craft grower organization and | ||||||
11 | the applicant shall be notified and the applicant must cease | ||||||
12 | all activity at the craft grower organization immediately. | ||||||
13 | (Source: P.A. 101-27, eff. 6-25-19.)
| ||||||
14 | (410 ILCS 705/35-30)
| ||||||
15 | Sec. 35-30. Infuser agent identification card. | ||||||
16 | (a) The Department of Agriculture shall: | ||||||
17 | (1) establish by rule the information required in an | ||||||
18 | initial application or renewal application for an agent | ||||||
19 | identification card submitted under this Act and the | ||||||
20 | nonrefundable fee to accompany the initial application or | ||||||
21 | renewal application; | ||||||
22 | (2) verify the information contained in an initial | ||||||
23 | application or renewal application for an agent | ||||||
24 | identification card submitted under this Act, and approve | ||||||
25 | or deny an application within 30 days of receiving a |
| |||||||
| |||||||
1 | completed initial application or renewal application and | ||||||
2 | all supporting documentation required by rule; | ||||||
3 | (3) issue an agent identification card to a qualifying | ||||||
4 | agent within 15 business days of approving the initial | ||||||
5 | application or renewal application; | ||||||
6 | (4) enter the license number of the infuser where the | ||||||
7 | agent works; and | ||||||
8 | (5) allow for an electronic initial application and | ||||||
9 | renewal application process, and provide a confirmation by | ||||||
10 | electronic or other methods that an application has been | ||||||
11 | submitted. The Department of Agriculture may by rule | ||||||
12 | require prospective agents to file their applications by | ||||||
13 | electronic means and provide notices to the agents by | ||||||
14 | electronic means. | ||||||
15 | (b) An agent must keep his or her identification card | ||||||
16 | visible at all times when on the property of a cannabis | ||||||
17 | business establishment including the cannabis business | ||||||
18 | establishment for which he or she is an agent. | ||||||
19 | (c) The agent identification cards shall contain the | ||||||
20 | following: | ||||||
21 | (1) the name of the cardholder; | ||||||
22 | (2) the date of issuance and expiration date of the | ||||||
23 | identification card; | ||||||
24 | (3) a random 10-digit alphanumeric identification | ||||||
25 | number containing at least 4 numbers and at least 4 letters | ||||||
26 | that is unique to the holder; |
| |||||||
| |||||||
1 | (4) a photograph of the cardholder; and | ||||||
2 | (5) the legal name of the infuser organization | ||||||
3 | employing the agent. | ||||||
4 | (d) An agent identification card shall be immediately | ||||||
5 | returned to the infuser organization of the agent upon | ||||||
6 | termination of his or her employment. | ||||||
7 | (e) Any agent identification card lost by a transporting | ||||||
8 | agent shall be reported to the Department of State Police and | ||||||
9 | the Department of Agriculture immediately upon discovery of the | ||||||
10 | loss.
| ||||||
11 | (f) An agent may begin employment at an infuser | ||||||
12 | organization while the agent's identification card application | ||||||
13 | is pending. Upon approval, the Department shall issue the | ||||||
14 | agent's identification card to the infuser organization agent | ||||||
15 | applicant. If denied, the infuser organization and the | ||||||
16 | applicant shall be notified and the applicant must cease all | ||||||
17 | activity at the infuser organization immediately. | ||||||
18 | (Source: P.A. 101-27, eff. 6-25-19.)
| ||||||
19 | (410 ILCS 705/40-30)
| ||||||
20 | Sec. 40-30. Transporting agent identification card. | ||||||
21 | (a) The Department of Agriculture shall: | ||||||
22 | (1) establish by rule the information required in an | ||||||
23 | initial application or renewal application for an agent | ||||||
24 | identification card submitted under this Act and the | ||||||
25 | nonrefundable fee to accompany the initial application or |
| |||||||
| |||||||
1 | renewal application; | ||||||
2 | (2) verify the information contained in an initial | ||||||
3 | application or renewal application for an agent | ||||||
4 | identification card submitted under this Act and approve or | ||||||
5 | deny an application within 30 days of receiving a completed | ||||||
6 | initial application or renewal application and all | ||||||
7 | supporting documentation required by rule; | ||||||
8 | (3) issue an agent identification card to a qualifying | ||||||
9 | agent within 15 business days of approving the initial | ||||||
10 | application or renewal application; | ||||||
11 | (4) enter the license number of the transporting | ||||||
12 | organization where the agent works; and | ||||||
13 | (5) allow for an electronic initial application and | ||||||
14 | renewal application process, and provide a confirmation by | ||||||
15 | electronic or other methods that an application has been | ||||||
16 | submitted. The Department of Agriculture may by rule | ||||||
17 | require prospective agents to file their applications by | ||||||
18 | electronic means and provide notices to the agents by | ||||||
19 | electronic means. | ||||||
20 | (b) An agent must keep his or her identification card | ||||||
21 | visible at all times when on the property of a cannabis | ||||||
22 | business establishment, including the cannabis business | ||||||
23 | establishment for which he or she is an agent. | ||||||
24 | (c) The agent identification cards shall contain the | ||||||
25 | following: | ||||||
26 | (1) the name of the cardholder; |
| |||||||
| |||||||
1 | (2) the date of issuance and expiration date of the | ||||||
2 | identification card; | ||||||
3 | (3) a random 10-digit alphanumeric identification | ||||||
4 | number containing at least 4 numbers and at least 4 letters | ||||||
5 | that is unique to the holder; | ||||||
6 | (4) a photograph of the cardholder; and | ||||||
7 | (5) the legal name of the transporting organization | ||||||
8 | employing the agent. | ||||||
9 | (d) An agent identification card shall be immediately | ||||||
10 | returned to the transporting organization of the agent upon | ||||||
11 | termination of his or her employment. | ||||||
12 | (e) Any agent identification card lost by a transporting | ||||||
13 | agent shall be reported to the Department of State Police and | ||||||
14 | the Department of Agriculture immediately upon discovery of the | ||||||
15 | loss. | ||||||
16 | (f) An application for an agent identification card shall | ||||||
17 | be denied if the applicant is delinquent in filing any required | ||||||
18 | tax returns or paying any amounts owed to the State of | ||||||
19 | Illinois.
| ||||||
20 | (g) An agent may begin employment at a transporting | ||||||
21 | organization while the agent's identification card application | ||||||
22 | is pending. Upon approval, the Department shall issue the | ||||||
23 | agent's identification card to the transporting agent | ||||||
24 | applicant. If denied, the transporting organization and the | ||||||
25 | applicant shall be notified and the applicant must cease all | ||||||
26 | activity at the transporting organization immediately. |
| |||||||
| |||||||
1 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
| ||||||
2 | (410 ILCS 705/55-20)
| ||||||
3 | Sec. 55-20. Advertising and promotions. | ||||||
4 | (a) No cannabis business establishment nor any other person | ||||||
5 | or entity shall engage in advertising that contains any | ||||||
6 | statement or illustration that: | ||||||
7 | (1) is false or misleading; | ||||||
8 | (2) promotes overconsumption of cannabis or cannabis | ||||||
9 | products; | ||||||
10 | (3) depicts the actual consumption of cannabis or | ||||||
11 | cannabis products; | ||||||
12 | (4) depicts a person under 21 years of age consuming | ||||||
13 | cannabis; | ||||||
14 | (5) makes any health, medicinal, or therapeutic claims | ||||||
15 | about cannabis or cannabis-infused products; | ||||||
16 | (6) includes the image of a cannabis leaf or bud; or | ||||||
17 | (7) includes any image designed or likely to appeal to | ||||||
18 | minors, including cartoons, toys, animals, or children, or | ||||||
19 | any other likeness to images, characters, or phrases that | ||||||
20 | is designed in any manner to be appealing to or encourage | ||||||
21 | consumption by persons under 21 years of age. | ||||||
22 | (b) No cannabis business establishment nor any other person | ||||||
23 | or entity shall place or maintain, or cause to be placed or | ||||||
24 | maintained, an advertisement of cannabis or a cannabis-infused | ||||||
25 | product in any form or through any medium: |
| |||||||
| |||||||
1 | (1) within 1,000 feet of the perimeter of school | ||||||
2 | grounds, a playground, a recreation center or facility, a | ||||||
3 | child care center, a public park or public library, or a | ||||||
4 | game arcade to which admission is not restricted to persons | ||||||
5 | 21 years of age or older; | ||||||
6 | (2) on or in a public transit vehicle or public transit | ||||||
7 | shelter; | ||||||
8 | (3) on or in publicly owned or publicly operated | ||||||
9 | property; or | ||||||
10 | (4) that contains information that: | ||||||
11 | (A) is false or misleading; | ||||||
12 | (B) promotes excessive consumption; | ||||||
13 | (C) depicts a person under 21 years of age | ||||||
14 | consuming cannabis; | ||||||
15 | (D) includes the image of a cannabis leaf; or | ||||||
16 | (E) includes any image designed or likely to appeal | ||||||
17 | to minors, including cartoons, toys, animals, or | ||||||
18 | children, or any other likeness to images, characters, | ||||||
19 | or phrases that are popularly used to advertise to | ||||||
20 | children, or any imitation of candy packaging or | ||||||
21 | labeling, or that promotes consumption of cannabis. | ||||||
22 | (c) Subsections (a) and (b) do not apply to an educational | ||||||
23 | message. | ||||||
24 | (d) Sales promotions. No cannabis business establishment | ||||||
25 | nor any other person or entity may encourage the sale of | ||||||
26 | cannabis or cannabis products by giving away cannabis or |
| |||||||
| |||||||
1 | cannabis products, by conducting games or competitions related | ||||||
2 | to the consumption of cannabis or cannabis products, or by | ||||||
3 | providing promotional materials or activities of a manner or | ||||||
4 | type that would be appealing to children.
| ||||||
5 | (b-5) Paragraphs (1), (2), and (3) of subsection (b) do not
| ||||||
6 | apply if the cannabis business establishment is advertising via
| ||||||
7 | marketing directed toward an application on an
| ||||||
8 | Internet-capable electronic device, including, but not limited
| ||||||
9 | to, a cellular telephone, and the application: | ||||||
10 | (1) is limited to installation and use on an
| ||||||
11 | Internet-capable electronic device by an individual who is
| ||||||
12 | 21 years of age or older; and | ||||||
13 | (2) includes a permanent mechanism to opt out of using | ||||||
14 | or installing the application, including, but not limited
| ||||||
15 | to, deleting the application. | ||||||
16 | (b-10) Paragraphs (1), (2), and (3) of subsection (b) do | ||||||
17 | not apply to a newspaper, as defined in Section 5 of the Notice | ||||||
18 | by Publication Act. A cannabis business establishment shall not | ||||||
19 | advertise in a newspaper if more than 30 percent of the | ||||||
20 | newspaper's readership is reasonably expected to be under the | ||||||
21 | age of 21. | ||||||
22 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
| ||||||
23 | (410 ILCS 705/55-21)
| ||||||
24 | Sec. 55-21. Cannabis product packaging and labeling. | ||||||
25 | (a) Each cannabis product produced for sale shall be |
| |||||||
| |||||||
1 | registered with the Department of Agriculture on forms provided | ||||||
2 | by the Department of Agriculture. Each product registration | ||||||
3 | shall include a label and the required registration fee at the | ||||||
4 | rate established by the Department of Agriculture for a | ||||||
5 | comparable medical cannabis product, or as established by rule. | ||||||
6 | The registration fee is for the name of the product offered for | ||||||
7 | sale and one fee shall be sufficient for all package sizes. | ||||||
8 | (b) All harvested cannabis intended for distribution to a | ||||||
9 | cannabis enterprise must be packaged in a sealed, labeled | ||||||
10 | container. | ||||||
11 | (c) At point of sale, any Any product containing cannabis | ||||||
12 | shall be packaged in a sealed or resealable , odor-proof, and | ||||||
13 | child-resistant cannabis container consistent with current | ||||||
14 | standards, including the Consumer Product Safety Commission | ||||||
15 | standards referenced by the Poison Prevention Act. | ||||||
16 | (d) All cannabis-infused products shall be individually | ||||||
17 | wrapped or packaged at the original point of preparation. The | ||||||
18 | packaging of the cannabis-infused product shall conform to the | ||||||
19 | labeling requirements of the Illinois Food, Drug and Cosmetic | ||||||
20 | Act, in addition to the other requirements set forth in this | ||||||
21 | Section. | ||||||
22 | (e) Each cannabis product shall be labeled before sale and | ||||||
23 | each label shall be securely affixed to the package and shall | ||||||
24 | state in legible English and any languages required by the | ||||||
25 | Department of Agriculture: | ||||||
26 | (1) the name and post office box of the registered |
| |||||||
| |||||||
1 | cultivation center or craft grower where the item was | ||||||
2 | manufactured; | ||||||
3 | (2) the common or usual name of the item and the | ||||||
4 | registered name of the cannabis product that was registered | ||||||
5 | with the Department of Agriculture under subsection (a); | ||||||
6 | (3) a unique serial number that will match the product | ||||||
7 | with a cultivation center or craft grower batch and lot | ||||||
8 | number to facilitate any warnings or recalls the Department | ||||||
9 | of Agriculture, cultivation center, or craft grower deems | ||||||
10 | appropriate; | ||||||
11 | (4) the date of final testing and packaging, if | ||||||
12 | sampled, and the identification of the independent testing | ||||||
13 | laboratory; | ||||||
14 | (5) the date of harvest and "use by" date; | ||||||
15 | (6) the quantity (in ounces or grams) of cannabis | ||||||
16 | contained in the product; | ||||||
17 | (7) a pass/fail rating based on the laboratory's | ||||||
18 | microbiological, mycotoxins, and pesticide and solvent | ||||||
19 | residue analyses, if sampled; | ||||||
20 | (8) content list. | ||||||
21 | (A) A list of the following, including the minimum | ||||||
22 | and maximum percentage content by weight for | ||||||
23 | subdivisions (e)(8)(A)(i) through (iv): | ||||||
24 | (i) delta-9-tetrahydrocannabinol (THC); | ||||||
25 | (ii) tetrahydrocannabinolic acid (THCA); | ||||||
26 | (iii) cannabidiol (CBD); |
| |||||||
| |||||||
1 | (iv) cannabidiolic acid (CBDA); and | ||||||
2 | (v) all other ingredients of the item, | ||||||
3 | including any colors, artificial flavors, and | ||||||
4 | preservatives, listed in descending order by | ||||||
5 | predominance of weight shown with common or usual | ||||||
6 | names. | ||||||
7 | (B) The acceptable tolerances for the minimum | ||||||
8 | percentage printed on the label for any of subdivisions | ||||||
9 | (e)(8)(A)(i) through (iv) shall not be below 85% or | ||||||
10 | above 115% of the labeled amount. | ||||||
11 | (f) Packaging must not contain information that: | ||||||
12 | (1) is false or misleading; | ||||||
13 | (2) promotes excessive consumption; | ||||||
14 | (3) depicts a person under 21 years of age consuming | ||||||
15 | cannabis; | ||||||
16 | (4) includes the image of a cannabis leaf; | ||||||
17 | (5) includes any image designed or likely to appeal to | ||||||
18 | minors, including cartoons, toys, animals, or children, or | ||||||
19 | any other likeness to images, characters, or phrases that | ||||||
20 | are popularly used to advertise to children, or any | ||||||
21 | packaging or labeling that bears reasonable resemblance to | ||||||
22 | any product available for consumption as a commercially | ||||||
23 | available candy, or that promotes consumption of cannabis; | ||||||
24 | (6) contains any seal, flag, crest, coat of arms, or | ||||||
25 | other insignia likely to mislead the purchaser to believe | ||||||
26 | that the product has been endorsed, made, or used by the |
| |||||||
| |||||||
1 | State of Illinois or any of its representatives except | ||||||
2 | where authorized by this Act. | ||||||
3 | (g) Cannabis products produced by concentrating or | ||||||
4 | extracting ingredients from the cannabis plant shall contain | ||||||
5 | the following information, where applicable: | ||||||
6 | (1) If solvents were used to create the concentrate or | ||||||
7 | extract, a statement that discloses the type of extraction | ||||||
8 | method, including any solvents or gases used to create the | ||||||
9 | concentrate or extract; and | ||||||
10 | (2) Any other chemicals or compounds used to produce or | ||||||
11 | were added to the concentrate or extract. | ||||||
12 | (h) All cannabis products must contain warning statements | ||||||
13 | established for purchasers, of a size that is legible and | ||||||
14 | readily visible to a consumer inspecting a package, which may | ||||||
15 | not be covered or obscured in any way. The Department of Public | ||||||
16 | Health shall define and update appropriate health warnings for | ||||||
17 | packages including specific labeling or warning requirements | ||||||
18 | for specific cannabis products. | ||||||
19 | (i) Unless modified by rule to strengthen or respond to new | ||||||
20 | evidence and science, the following warnings shall apply to all | ||||||
21 | cannabis products unless modified by rule: "This product | ||||||
22 | contains cannabis and is intended for use by adults 21 and | ||||||
23 | over. Its use can impair cognition and may be habit forming. | ||||||
24 | This product should not be used by pregnant or breastfeeding | ||||||
25 | women. It is unlawful to sell or provide this item to any | ||||||
26 | individual, and it may not be transported outside the State of |
| |||||||
| |||||||
1 | Illinois. It is illegal to operate a motor vehicle while under | ||||||
2 | the influence of cannabis. Possession or use of this product | ||||||
3 | may carry significant legal penalties in some jurisdictions and | ||||||
4 | under federal law.". | ||||||
5 | (j) Warnings for each of the following product types must | ||||||
6 | be present on labels when offered for sale to a purchaser: | ||||||
7 | (1) Cannabis that may be smoked must contain a | ||||||
8 | statement that "Smoking is hazardous to your health.". | ||||||
9 | (2) Cannabis-infused products (other than those | ||||||
10 | intended for topical application) must contain a statement | ||||||
11 | "CAUTION: This product contains cannabis, and intoxication | ||||||
12 | following use may be delayed 2 or more hours. This product | ||||||
13 | was produced in a facility that cultivates cannabis, and | ||||||
14 | that may also process common food allergens.". | ||||||
15 | (3) Cannabis-infused products intended for topical | ||||||
16 | application must contain a statement "DO NOT EAT" in bold, | ||||||
17 | capital letters. | ||||||
18 | (k) Each cannabis-infused product intended for consumption | ||||||
19 | must be individually packaged, must include the total milligram | ||||||
20 | content of THC and CBD, and may not include more than a total | ||||||
21 | of 100 milligrams of THC per package. A package may contain | ||||||
22 | multiple servings of 10 milligrams of THC, indicated by | ||||||
23 | scoring, wrapping, or by other indicators designating | ||||||
24 | individual serving sizes. The Department of Agriculture may | ||||||
25 | change the total amount of THC allowed for each package, or the | ||||||
26 | total amount of THC allowed for each serving size, by rule. |
| |||||||
| |||||||
1 | (l) No individual other than the purchaser may alter or | ||||||
2 | destroy any labeling affixed to the primary packaging of | ||||||
3 | cannabis or cannabis-infused products. | ||||||
4 | (m) For each commercial weighing and measuring device used | ||||||
5 | at a facility, the cultivation center or craft grower must: | ||||||
6 | (1) Ensure that the commercial device is licensed under | ||||||
7 | the Weights and Measures Act and the associated | ||||||
8 | administrative rules (8 Ill. Adm. Code 600); | ||||||
9 | (2) Maintain documentation of the licensure of the | ||||||
10 | commercial device; and | ||||||
11 | (3) Provide a copy of the license of the commercial | ||||||
12 | device to the Department of Agriculture for review upon | ||||||
13 | request. | ||||||
14 | (n) It is the responsibility of the Department to ensure | ||||||
15 | that packaging and labeling requirements, including product | ||||||
16 | warnings, are enforced at all times for products provided to | ||||||
17 | purchasers. Product registration requirements and container | ||||||
18 | requirements may be modified by rule by the Department of | ||||||
19 | Agriculture. | ||||||
20 | (o) Labeling, including warning labels, may be modified by | ||||||
21 | rule by the Department of Agriculture.
| ||||||
22 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
| ||||||
23 | (410 ILCS 705/55-28)
| ||||||
24 | Sec. 55-28. Restricted cannabis zones. | ||||||
25 | (a) As used in this Section: |
| |||||||
| |||||||
1 | "Legal voter" means a person: | ||||||
2 | (1) who is duly registered to vote in a municipality | ||||||
3 | with a population of over 500,000; | ||||||
4 | (2) whose name appears on a poll list compiled by the | ||||||
5 | city board of election commissioners since the last | ||||||
6 | preceding election, regardless of whether the election was | ||||||
7 | a primary, general, or special election; | ||||||
8 | (3) who, at the relevant time, is a resident of the | ||||||
9 | address at which he or she is registered to vote; and | ||||||
10 | (4) whose address, at the relevant time, is located in | ||||||
11 | the precinct where such person seeks to file a notice of | ||||||
12 | intent to initiate a petition process, circulate a | ||||||
13 | petition, or sign a petition under this Section. | ||||||
14 | As used in the definition of "legal voter", "relevant time" | ||||||
15 | means any time that: | ||||||
16 | (i) a notice of intent is filed, pursuant to subsection | ||||||
17 | (c) of this Section, to initiate the petition process under | ||||||
18 | this Section; | ||||||
19 | (ii) the petition is circulated for signature in the | ||||||
20 | applicable precinct; or | ||||||
21 | (iii) the petition is signed by registered voters in | ||||||
22 | the applicable precinct. | ||||||
23 | "Petition" means the petition described in this Section. | ||||||
24 | "Precinct" means the smallest constituent territory within | ||||||
25 | a municipality with a population of over 500,000 in which | ||||||
26 | electors vote as a unit at the same polling place in any |
| |||||||
| |||||||
1 | election governed by the Election Code. | ||||||
2 | "Restricted cannabis zone" means a precinct within which | ||||||
3 | home cultivation, one or more types of cannabis business | ||||||
4 | establishments, or both has been prohibited pursuant to an | ||||||
5 | ordinance initiated by a petition under this Section. | ||||||
6 | (b) The legal voters of any precinct within a municipality | ||||||
7 | with a population of over 500,000 may petition their local | ||||||
8 | alderman, using a petition form made available online by the | ||||||
9 | city clerk, to introduce an ordinance establishing the precinct | ||||||
10 | as a restricted zone. Such petition shall specify whether it | ||||||
11 | seeks an ordinance to prohibit, within the precinct: (i) home | ||||||
12 | cultivation; (ii) one or more types of cannabis business | ||||||
13 | establishments; or (iii) home cultivation and one or more types | ||||||
14 | of cannabis business establishments. | ||||||
15 | Upon receiving a petition containing the signatures of at | ||||||
16 | least 25% of the registered voters of the precinct, and | ||||||
17 | concluding that the petition is legally sufficient following | ||||||
18 | the posting and review process in subsection (c) of this | ||||||
19 | Section, the city clerk shall notify the local alderman of the | ||||||
20 | ward in which the precinct is located. Upon being notified, | ||||||
21 | that alderman, following an assessment of relevant factors | ||||||
22 | within the precinct, including but not limited to, its | ||||||
23 | geography, density and character, the prevalence of | ||||||
24 | residentially zoned property, current licensed cannabis | ||||||
25 | business establishments in the precinct, the current amount of | ||||||
26 | home cultivation in the precinct, and the prevailing viewpoint |
| |||||||
| |||||||
1 | with regard to the issue raised in the petition, may introduce | ||||||
2 | an ordinance to the municipality's governing body creating a | ||||||
3 | restricted cannabis zone in that precinct. | ||||||
4 | (c) A person seeking to initiate the petition process | ||||||
5 | described in this Section shall first submit to the city clerk | ||||||
6 | notice of intent to do so, on a form made available online by | ||||||
7 | the city clerk. That notice shall include a description of the | ||||||
8 | potentially affected area and the scope of the restriction | ||||||
9 | sought. The city clerk shall publicly post the submitted notice | ||||||
10 | online. | ||||||
11 | To be legally sufficient, a petition must contain the | ||||||
12 | requisite number of valid signatures and all such signatures | ||||||
13 | must be obtained within 90 days of the date that the city clerk | ||||||
14 | publicly posts the notice of intent. Upon receipt, the city | ||||||
15 | clerk shall post the petition on the municipality's website for | ||||||
16 | a 30-day comment period. The city clerk is authorized to take | ||||||
17 | all necessary and appropriate steps to verify the legal | ||||||
18 | sufficiency of a submitted petition. Following the petition | ||||||
19 | review and comment period, the city clerk shall publicly post | ||||||
20 | online the status of the petition as accepted or rejected, and | ||||||
21 | if rejected, the reasons therefor. If the city clerk rejects a | ||||||
22 | petition as legally insufficient, a minimum of 12 months must | ||||||
23 | elapse from the time the city clerk posts the rejection notice | ||||||
24 | before a new notice of intent for that same precinct may be | ||||||
25 | submitted. | ||||||
26 | (c-5) Within 3 days after receiving an application for |
| |||||||
| |||||||
1 | zoning approval to locate a cannabis business establishment | ||||||
2 | within a municipality with a population of over 500,000, the | ||||||
3 | municipality shall post a public notice of the filing on its | ||||||
4 | website and notify the alderman of the ward in which the | ||||||
5 | proposed cannabis business establishment is to be located of | ||||||
6 | the filing. No action shall be taken on the zoning application | ||||||
7 | for 7 business days following the notice of the filing for | ||||||
8 | zoning approval. | ||||||
9 | If a notice of intent to initiate the petition process to | ||||||
10 | prohibit the type of cannabis business establishment proposed | ||||||
11 | in the precinct of the proposed cannabis business establishment | ||||||
12 | is filed prior to the filing of the application or within the | ||||||
13 | 7-day period after the filing of the application, the | ||||||
14 | municipality shall not approve the application for at least 90 | ||||||
15 | days after the city clerk publicly posts the notice of intent | ||||||
16 | to initiate the petition process. If a petition is filed within | ||||||
17 | the 90-day petition-gathering period described in subsection | ||||||
18 | (c), the municipality shall not approve the application for an | ||||||
19 | additional 90 days after the city clerk's receipt of the | ||||||
20 | petition; provided that if the city clerk rejects a petition as | ||||||
21 | legally insufficient, the municipality may approve the | ||||||
22 | application prior to the end of the 90 days. If a petition is | ||||||
23 | not submitted within the 90-day petition-gathering period | ||||||
24 | described in subsection (c), the municipality may approve the | ||||||
25 | application unless the approval is otherwise stayed pursuant to | ||||||
26 | this subsection by a separate notice of intent to initiate the |
| |||||||
| |||||||
1 | petition process filed timely within the 7-day period. | ||||||
2 | If no legally sufficient petition is timely filed, a | ||||||
3 | minimum of 12 months must elapse before a new notice of intent | ||||||
4 | for that same precinct may be submitted. | ||||||
5 | (c-10) Notwithstanding any other provision of law, if, at | ||||||
6 | the time the clerk posts the notice of intent or within the | ||||||
7 | 90-day petition-gathering period under subsection (c), a | ||||||
8 | disaster proclamation issued by the Governor under Section 7 of | ||||||
9 | the Illinois Emergency Management Agency Act is in effect and | ||||||
10 | the municipality is within the disaster area, the municipality | ||||||
11 | may pass an ordinance suspending the petition-gathering period | ||||||
12 | for the duration of the disaster proclamation. On the day after | ||||||
13 | the expiration of the disaster proclamation, the | ||||||
14 | petition-gathering period shall continue at the point at which | ||||||
15 | it was suspended. Any such delay shall suspend action on the | ||||||
16 | application under subsection (c). | ||||||
17 | (d) Notwithstanding any law to the contrary, the | ||||||
18 | municipality may enact an ordinance creating a restricted | ||||||
19 | cannabis zone. The ordinance shall: | ||||||
20 | (1) identify the applicable precinct boundaries as of | ||||||
21 | the date of the petition; | ||||||
22 | (2) state whether the ordinance prohibits within the | ||||||
23 | defined boundaries of the precinct, and in what | ||||||
24 | combination: (A) one or more types of cannabis business | ||||||
25 | establishments; or (B) home cultivation; | ||||||
26 | (3) be in effect for 4 years, unless repealed earlier; |
| |||||||
| |||||||
1 | and | ||||||
2 | (4) once in effect, be subject to renewal by ordinance | ||||||
3 | at the expiration of the 4-year period without the need for | ||||||
4 | another supporting petition.
| ||||||
5 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
| ||||||
6 | (410 ILCS 705/55-30)
| ||||||
7 | Sec. 55-30. Confidentiality. | ||||||
8 | (a) Information provided by the cannabis business | ||||||
9 | establishment licensees or applicants to the Department of | ||||||
10 | Agriculture, the Department of Public Health, the Department of | ||||||
11 | Financial and Professional Regulation, the Department of | ||||||
12 | Commerce and Economic Opportunity, or other agency shall be | ||||||
13 | limited to information necessary for the purposes of | ||||||
14 | administering this Act. The information is subject to the | ||||||
15 | provisions and limitations contained in the Freedom of | ||||||
16 | Information Act and may be disclosed in accordance with Section | ||||||
17 | 55-65. | ||||||
18 | (b) The following information received and records kept by | ||||||
19 | the Department of Agriculture, the Department of Public Health, | ||||||
20 | the Department of State Police, and the Department of Financial | ||||||
21 | and Professional Regulation for purposes of administering this | ||||||
22 | Article are subject to all applicable federal privacy laws, are | ||||||
23 | confidential and exempt from disclosure under the Freedom of | ||||||
24 | Information Act, except as provided in this Act, and not | ||||||
25 | subject to disclosure to any individual or public or private |
| |||||||
| |||||||
1 | entity, except to the Department of Financial and Professional | ||||||
2 | Regulation, the Department of Agriculture, the Department of | ||||||
3 | Public Health, and the Department of State Police as necessary | ||||||
4 | to perform official duties under this Article and to the | ||||||
5 | Attorney General as necessary to enforce the provisions of this | ||||||
6 | Act. The following information received and kept by the | ||||||
7 | Department of Financial and Professional Regulation or the | ||||||
8 | Department of Agriculture may be disclosed to the Department of | ||||||
9 | Public Health, the Department of Agriculture, the Department of | ||||||
10 | Revenue, the Department of State Police, or the Attorney | ||||||
11 | General upon proper request: | ||||||
12 | (1) Applications and renewals, their contents, and | ||||||
13 | supporting information submitted by or on behalf of | ||||||
14 | dispensing organizations , cultivation centers, craft | ||||||
15 | growers, infuser organizations, Community College Cannabis | ||||||
16 | Vocational Program licensees, or transporters in | ||||||
17 | compliance with this Article, including their physical | ||||||
18 | addresses ; however, this does not preclude the release of | ||||||
19 | ownership information of cannabis business establishment | ||||||
20 | licenses, or information submitted with an application | ||||||
21 | required to be disclosed pursuant to subsection (f) ; | ||||||
22 | (2) Any plans, procedures, policies, or other records | ||||||
23 | relating to dispensing organization security; and | ||||||
24 | (3) Information otherwise exempt from disclosure by | ||||||
25 | State or federal law. | ||||||
26 | Illinois or national criminal history record information, |
| |||||||
| |||||||
1 | or the nonexistence or lack of such information, may not be | ||||||
2 | disclosed by the Department of Financial and Professional | ||||||
3 | Regulation or the Department of Agriculture, except as | ||||||
4 | necessary to the Attorney General to enforce this Act. | ||||||
5 | (c) The name and address of a dispensing organization | ||||||
6 | licensed under this Act shall be subject to disclosure under | ||||||
7 | the Freedom of Information Act. The name and cannabis business | ||||||
8 | establishment address of the person or entity holding each | ||||||
9 | cannabis business establishment license shall be subject to | ||||||
10 | disclosure. | ||||||
11 | (d) All information collected by the Department of | ||||||
12 | Financial and Professional Regulation in the course of an | ||||||
13 | examination, inspection, or investigation of a licensee or | ||||||
14 | applicant, including, but not limited to, any complaint against | ||||||
15 | a licensee or applicant filed with the Department and | ||||||
16 | information collected to investigate any such complaint, shall | ||||||
17 | be maintained for the confidential use of the Department and | ||||||
18 | shall not be disclosed, except as otherwise provided in this | ||||||
19 | Act. A formal complaint against a licensee by the Department or | ||||||
20 | any disciplinary order issued by the Department against a | ||||||
21 | licensee or applicant shall be a public record, except as | ||||||
22 | otherwise provided by law. Complaints from consumers or members | ||||||
23 | of the general public received regarding a specific, named | ||||||
24 | licensee or complaints regarding conduct by unlicensed | ||||||
25 | entities shall be subject to disclosure under the Freedom of | ||||||
26 | Information Act. |
| |||||||
| |||||||
1 | (e) The Department of Agriculture, the Department of State | ||||||
2 | Police, and the Department of Financial and Professional | ||||||
3 | Regulation shall not share or disclose any Illinois or national | ||||||
4 | criminal history record information, or the nonexistence or | ||||||
5 | lack of such information, to any person or entity not expressly | ||||||
6 | authorized by this Act. | ||||||
7 | (f) Each Department responsible for licensure under this | ||||||
8 | Act shall publish on the Department's website a list of the | ||||||
9 | ownership information and address of each cannabis business | ||||||
10 | establishment licensee licensees under the Department's | ||||||
11 | jurisdiction. The ownership information published shall | ||||||
12 | include current versions of the following documents submitted | ||||||
13 | by cannabis business establishments that received a license | ||||||
14 | under the Department's jurisdiction: (i) Tables of | ||||||
15 | Organization, Ownership and Control as provided under Section | ||||||
16 | 15-50; (ii) the identity of every person having a financial or | ||||||
17 | voting interest of 5% or greater in a cultivation center | ||||||
18 | operation as provided under paragraph (17) of subsection (a) of | ||||||
19 | Section 20-15; (iii) the identity of every person having a | ||||||
20 | financial or voting interest of 5% or greater in a craft grower | ||||||
21 | operation as provided under paragraph (17) of subsection (a) of | ||||||
22 | Section 30-10; and (iv) the identity of every person having a | ||||||
23 | financial or voting interest of 5% or greater in an infuser | ||||||
24 | operation as provided under paragraph (16) of subsection (a) of | ||||||
25 | Section 35-10. The list shall include, but is not limited to: | ||||||
26 | the name of the person or entity holding each cannabis business |
| |||||||
| |||||||
1 | establishment license; and the address at which the entity is | ||||||
2 | operating under this Act. This list shall be published and | ||||||
3 | updated monthly.
| ||||||
4 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
| ||||||
5 | (410 ILCS 705/55-35)
| ||||||
6 | Sec. 55-35. Administrative rulemaking. | ||||||
7 | (a) No later than 180 days after the effective date of this | ||||||
8 | Act, the Department of Agriculture, the Department of State | ||||||
9 | Police, the Department of Financial and Professional | ||||||
10 | Regulation, the Department of Revenue, the Department of | ||||||
11 | Commerce and Economic Opportunity, and the Treasurer's Office | ||||||
12 | shall adopt permanent rules in accordance with their | ||||||
13 | responsibilities under this Act. The Department of | ||||||
14 | Agriculture, the Department of State Police, the Department of | ||||||
15 | Financial and Professional Regulation, the Department of | ||||||
16 | Revenue, and the Department of Commerce and Economic | ||||||
17 | Opportunity may adopt rules necessary to regulate personal | ||||||
18 | cannabis use through the use of emergency rulemaking in | ||||||
19 | accordance with subsection (gg) of Section 5-45 of the Illinois | ||||||
20 | Administrative Procedure Act. The General Assembly finds that | ||||||
21 | the adoption of rules to regulate cannabis use is deemed an | ||||||
22 | emergency and necessary for the public interest, safety, and | ||||||
23 | welfare. | ||||||
24 | (b) The Department of Agriculture rules may address, but | ||||||
25 | are not limited to, the following matters related to |
| |||||||
| |||||||
1 | cultivation centers, craft growers, infuser organizations, and | ||||||
2 | transporting organizations with the goal of ensuring a fair and | ||||||
3 | competitive marketplace and protecting against diversion and | ||||||
4 | theft, without imposing an undue burden on the cultivation | ||||||
5 | centers, craft growers, infuser organizations, or transporting | ||||||
6 | organizations: | ||||||
7 | (1) oversight requirements for cultivation centers, | ||||||
8 | craft growers, infuser organizations, and transporting | ||||||
9 | organizations; | ||||||
10 | (2) recordkeeping requirements for cultivation | ||||||
11 | centers, craft growers, infuser organizations, and | ||||||
12 | transporting organizations; | ||||||
13 | (3) security requirements for cultivation centers, | ||||||
14 | craft growers, infuser organizations, and transporting | ||||||
15 | organizations, which shall include that each cultivation | ||||||
16 | center, craft grower, infuser organization, and | ||||||
17 | transporting organization location must be protected by a | ||||||
18 | fully operational security alarm system; | ||||||
19 | (4) standards for enclosed, locked facilities under | ||||||
20 | this Act; | ||||||
21 | (5) procedures for suspending or revoking the | ||||||
22 | identification cards of agents of cultivation centers, | ||||||
23 | craft growers, infuser organizations, and transporting | ||||||
24 | organizations that commit violations of this Act or the | ||||||
25 | rules adopted under this Section; | ||||||
26 | (6) rules concerning the intrastate transportation of |
| |||||||
| |||||||
1 | cannabis from a cultivation center, craft grower, infuser | ||||||
2 | organization, and transporting organization to a | ||||||
3 | dispensing organization; | ||||||
4 | (7) standards concerning the testing, quality, | ||||||
5 | cultivation, and processing of cannabis; and | ||||||
6 | (8) any other matters under oversight by the Department | ||||||
7 | of Agriculture as are necessary for the fair, impartial, | ||||||
8 | stringent, and comprehensive administration of this Act ; | ||||||
9 | and . | ||||||
10 | (9) standards for distribution and sale to other | ||||||
11 | licensed business establishments, including percentage | ||||||
12 | requirements for distribution and sale to other business | ||||||
13 | establishments with common ownership. | ||||||
14 | (c) The Department of Financial and Professional | ||||||
15 | Regulation rules may address, but are not limited to, the | ||||||
16 | following matters related to dispensing organizations, with | ||||||
17 | the goal of ensuring a fair and competitive marketplace and | ||||||
18 | protecting against diversion and theft, without imposing an | ||||||
19 | undue burden on the dispensing organizations: | ||||||
20 | (1) oversight requirements for dispensing | ||||||
21 | organizations; | ||||||
22 | (2) recordkeeping requirements for dispensing | ||||||
23 | organizations; | ||||||
24 | (3) security requirements for dispensing | ||||||
25 | organizations, which shall include that each dispensing | ||||||
26 | organization location must be protected by a fully |
| |||||||
| |||||||
1 | operational security alarm system; | ||||||
2 | (4) procedures for suspending or revoking the licenses | ||||||
3 | of dispensing organization agents that commit violations | ||||||
4 | of this Act or the rules adopted under this Act; | ||||||
5 | (5) any other matters under oversight by the Department | ||||||
6 | of Financial and Professional Regulation that are | ||||||
7 | necessary for the fair, impartial, stringent, and | ||||||
8 | comprehensive administration of this Act ; . | ||||||
9 | (6) standards for distribution and sale to other | ||||||
10 | cannabis business establishments, including percentage | ||||||
11 | requirements for distribution and sale to other cannabis | ||||||
12 | business establishments with common ownership. | ||||||
13 | (d) The Department of Revenue rules may address, but are | ||||||
14 | not limited to, the following matters related to the payment of | ||||||
15 | taxes by cannabis business establishments: | ||||||
16 | (1) recording of sales; | ||||||
17 | (2) documentation of taxable income and expenses; | ||||||
18 | (3) transfer of funds for the payment of taxes; or | ||||||
19 | (4) any other matter under the oversight of the | ||||||
20 | Department of Revenue. | ||||||
21 | (e) The Department of Commerce and Economic Opportunity | ||||||
22 | rules may address, but are not limited to, a loan program or | ||||||
23 | grant program to assist Social Equity Applicants access the | ||||||
24 | capital needed to start a cannabis business establishment. The | ||||||
25 | names of recipients and the amounts of any moneys received | ||||||
26 | through a loan program or grant program shall be a public |
| |||||||
| |||||||
1 | record. | ||||||
2 | (f) The Department of State Police rules may address | ||||||
3 | enforcement of its authority under this Act. The Department of | ||||||
4 | State Police shall not make rules that infringe on the | ||||||
5 | exclusive authority of the Department of Financial and | ||||||
6 | Professional Regulation or the Department of Agriculture over | ||||||
7 | licensees under this Act. | ||||||
8 | (g) The Department of Human Services shall develop and | ||||||
9 | disseminate: | ||||||
10 | (1) educational information about the health risks | ||||||
11 | associated with the use of cannabis; and | ||||||
12 | (2) one or more public education campaigns in | ||||||
13 | coordination with local health departments and community | ||||||
14 | organizations, including one or more prevention campaigns | ||||||
15 | directed at children, adolescents, parents, and pregnant | ||||||
16 | or breastfeeding women, to inform them of the potential | ||||||
17 | health risks associated with intentional or unintentional | ||||||
18 | cannabis use.
| ||||||
19 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
| ||||||
20 | (410 ILCS 705/55-85)
| ||||||
21 | Sec. 55-85. Medical cannabis. | ||||||
22 | (a) Nothing in this Act shall be construed to limit any | ||||||
23 | privileges or rights of a medical cannabis patient including | ||||||
24 | minor patients, primary caregiver, medical cannabis | ||||||
25 | cultivation center, or medical cannabis dispensing |
| |||||||
| |||||||
1 | organization under the Compassionate Use of Medical Cannabis | ||||||
2 | Program Act, and where there is conflict between this Act and | ||||||
3 | the Compassionate Use of Medical Cannabis Program Act as they | ||||||
4 | relate to medical cannabis patients, the Compassionate Use of | ||||||
5 | Medical Cannabis Program Act shall prevail. Where there is | ||||||
6 | conflict between this Act and the Compassionate Use of Medical | ||||||
7 | Cannabis Program Act as
they relate to cannabis business | ||||||
8 | establishments, this Act shall prevail. | ||||||
9 | (b) Dispensary locations that obtain an Early Approval | ||||||
10 | Adult Use Dispensary Organization License or an Adult Use | ||||||
11 | Dispensary Organization License in accordance with this Act at | ||||||
12 | the same location as a medical cannabis dispensing organization | ||||||
13 | registered under the Compassionate Use of Medical Cannabis | ||||||
14 | Program Act shall maintain an inventory of medical cannabis and | ||||||
15 | medical cannabis products on a monthly basis that is | ||||||
16 | substantially similar in variety and quantity to the products | ||||||
17 | offered at the dispensary during the 6-month period immediately | ||||||
18 | before the effective date of this Act. | ||||||
19 | (c) Beginning June 30, 2020, the Department of Agriculture | ||||||
20 | shall make a quarterly determination whether inventory | ||||||
21 | requirements established for dispensaries in subsection (b) | ||||||
22 | should be adjusted due to changing patient need.
| ||||||
23 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
| ||||||
24 | (410 ILCS 705/60-10)
| ||||||
25 | Sec. 60-10. Tax imposed. |
| |||||||
| |||||||
1 | (a) Beginning September 1, 2019, a tax is imposed upon the | ||||||
2 | privilege of cultivating cannabis at the rate of 7% of the | ||||||
3 | gross receipts from the first sale of cannabis by a cultivator. | ||||||
4 | The sale of any product that contains any amount of cannabis or | ||||||
5 | any derivative thereof is subject to the tax under this Section | ||||||
6 | on the full selling price of the product. The Department may | ||||||
7 | determine the selling price of the cannabis when the seller and | ||||||
8 | purchaser are affiliated persons, when the sale and purchase of | ||||||
9 | cannabis is not an arm's length transaction, or when cannabis | ||||||
10 | is transferred by a craft grower to the craft grower's | ||||||
11 | dispensing organization or infuser or processing organization | ||||||
12 | and a value is not established for the cannabis. The value | ||||||
13 | determined by the Department shall be commensurate with the | ||||||
14 | actual price received for products of like quality, character, | ||||||
15 | and use in the area. If there are no sales of cannabis of like | ||||||
16 | quality, character, and use in the same area, then the | ||||||
17 | Department shall establish a reasonable value based on sales of | ||||||
18 | products of like quality, character, and use in other areas of | ||||||
19 | the State, taking into consideration any other relevant | ||||||
20 | factors. | ||||||
21 | (b) The Cannabis Cultivation Privilege Tax imposed under | ||||||
22 | this Article is solely the responsibility of the cultivator who | ||||||
23 | makes the first sale and is not the responsibility of a | ||||||
24 | subsequent purchaser, a dispensing organization, or an | ||||||
25 | infuser. Persons subject to the tax imposed under this Article | ||||||
26 | may, however, reimburse themselves for their tax liability |
| |||||||
| |||||||
1 | hereunder by separately stating reimbursement for their tax | ||||||
2 | liability as an additional charge. | ||||||
3 | (c) The tax imposed under this Article shall be in addition | ||||||
4 | to all other occupation, privilege, or excise taxes imposed by | ||||||
5 | the State of Illinois or by any unit of local government.
| ||||||
6 | (d) Notwithstanding any other provision of law, no special
| ||||||
7 | district may levy a tax upon the cultivation of
cannabis. | ||||||
8 | (Source: P.A. 101-27, eff. 6-25-19.)
| ||||||
9 | (410 ILCS 705/65-10)
| ||||||
10 | Sec. 65-10. Tax imposed. | ||||||
11 | (a) Beginning January 1, 2020, a tax is imposed upon | ||||||
12 | purchasers for the privilege of using cannabis at the following | ||||||
13 | rates: | ||||||
14 | (1) Any cannabis, other than a cannabis-infused | ||||||
15 | product, with an adjusted delta-9-tetrahydrocannabinol | ||||||
16 | level at or below 35% shall be taxed at a rate of 10% of the | ||||||
17 | purchase price; | ||||||
18 | (2) Any cannabis, other than a cannabis-infused | ||||||
19 | product, with an adjusted delta-9-tetrahydrocannabinol | ||||||
20 | level above 35% shall be taxed at a rate of 25% of the | ||||||
21 | purchase price; and | ||||||
22 | (3) A cannabis-infused product shall be taxed at a rate | ||||||
23 | of 20% of the purchase price. | ||||||
24 | (b) The purchase of any product that contains any amount of | ||||||
25 | cannabis or any derivative thereof is subject to the tax under |
| |||||||
| |||||||
1 | subsection (a) of this Section on the full purchase price of | ||||||
2 | the product. | ||||||
3 | (c) The tax imposed under this Section is not imposed on | ||||||
4 | cannabis that is subject to tax under the Compassionate Use of | ||||||
5 | Medical Cannabis Program Act. The tax imposed by this Section | ||||||
6 | is not imposed with respect to any transaction in interstate | ||||||
7 | commerce, to the extent the transaction may not, under the | ||||||
8 | Constitution and statutes of the United States, be made the | ||||||
9 | subject of taxation by this State. | ||||||
10 | (d) The tax imposed under this Article shall be in addition | ||||||
11 | to all other occupation, privilege, or excise taxes imposed by | ||||||
12 | the State of Illinois or by any municipal corporation or | ||||||
13 | political subdivision thereof. | ||||||
14 | (e) The tax imposed under this Article shall not be imposed | ||||||
15 | on any purchase by a purchaser if the cannabis retailer is | ||||||
16 | prohibited by federal or State Constitution, treaty, | ||||||
17 | convention, statute, or court decision from collecting the tax | ||||||
18 | from the purchaser.
| ||||||
19 | (f) Notwithstanding any other provision of law, no special
| ||||||
20 | district may levy a tax upon purchasers for the use of | ||||||
21 | cannabis. | ||||||
22 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
| ||||||
23 | Section 45. The Illinois Vehicle Code is amended by | ||||||
24 | changing Sections 11-502.1 and 11-502.15 as follows:
|
| |||||||
| |||||||
1 | (625 ILCS 5/11-502.1) | ||||||
2 | Sec. 11-502.1. Possession of medical cannabis in a motor | ||||||
3 | vehicle. | ||||||
4 | (a) No driver, who is a medical cannabis cardholder, may | ||||||
5 | use medical cannabis within the passenger area of any motor | ||||||
6 | vehicle upon a highway in this State. | ||||||
7 | (b) No driver, who is a medical cannabis cardholder, a | ||||||
8 | medical cannabis designated caregiver, medical cannabis | ||||||
9 | cultivation center agent, or dispensing organization agent may | ||||||
10 | possess medical cannabis within any area of any motor vehicle | ||||||
11 | upon a highway in this State except in a secured, sealed or | ||||||
12 | resealable , odor-proof, and child-resistant medical cannabis | ||||||
13 | container that is inaccessible . | ||||||
14 | (c) No passenger, who is a medical cannabis card holder, a | ||||||
15 | medical cannabis designated caregiver, or medical cannabis | ||||||
16 | dispensing organization agent may possess medical cannabis | ||||||
17 | within any passenger area of any motor vehicle upon a highway | ||||||
18 | in this State except in a secured, sealed or resealable , | ||||||
19 | odor-proof, and child-resistant medical cannabis container | ||||||
20 | that is inaccessible . | ||||||
21 | (d) Any person who violates subsections (a) through (c) of | ||||||
22 | this Section: | ||||||
23 | (1) commits a Class A misdemeanor; | ||||||
24 | (2) shall be subject to revocation of his or her | ||||||
25 | medical cannabis card for a period of 2 years from the end | ||||||
26 | of the sentence imposed; and |
| |||||||
| |||||||
1 | (3) (4) shall be subject to revocation of his or her | ||||||
2 | status as a medical cannabis caregiver, medical cannabis | ||||||
3 | cultivation center agent, or medical cannabis dispensing | ||||||
4 | organization agent for a period of 2 years from the end of | ||||||
5 | the sentence imposed.
| ||||||
6 | (Source: P.A. 101-27, eff. 6-25-19; revised 8-6-19.)
| ||||||
7 | (625 ILCS 5/11-502.15) | ||||||
8 | Sec. 11-502.15. Possession of adult use cannabis in a motor | ||||||
9 | vehicle. | ||||||
10 | (a) No driver may use cannabis within the passenger area of | ||||||
11 | any motor vehicle upon a highway in this State. | ||||||
12 | (b) No driver may possess cannabis within any area of any | ||||||
13 | motor vehicle upon a highway in this State except in a secured, | ||||||
14 | sealed or resealable , odor-proof, child-resistant cannabis | ||||||
15 | container that is inaccessible . | ||||||
16 | (c) No passenger may possess cannabis within any passenger | ||||||
17 | area of any motor vehicle upon a highway in this State except | ||||||
18 | in a secured, sealed or resealable , odor-proof, | ||||||
19 | child-resistant cannabis container that is inaccessible . | ||||||
20 | (d) Any person who knowingly violates subsection (a), (b), | ||||||
21 | or (c) of this Section commits a Class A misdemeanor.
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22 | (Source: P.A. 101-27, eff. 6-25-19.)
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23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law, except that Sections 10, 15, 20, 25, and 30 take |
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1 | effect July 1, 2020.".
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