Bill Text: IL HB1438 | 2019-2020 | 101st General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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

Spectrum: Moderate Partisan Bill (Democrat 26-4)

Status: (Passed) 2019-06-25 - Public Act . . . . . . . . . 101-0027 [HB1438 Detail]

Download: Illinois-2019-HB1438-Engrossed.html

---

HB1438 Engrossed LRB101 04919 JRG 49928 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Pawnbroker Regulation Act is amended by
changing Section 12 as follows:
(205 ILCS 510/12)
Sec. 12. Hold order.
(a) For the purposes of this Section, "hold order" means a
written legal instrument issued to a pawnbroker by a law
enforcement officer commissioned by the law enforcement agency
of the municipality or county that licenses and regulates the
pawnbroker, ordering the pawnbroker to retain physical
possession of pledged goods in the possession of the pawnbroker
or property purchased by and in the possession of the
pawnbroker and not to return, sell, or otherwise dispose of
such property as such property is believed to be
misappropriated goods.
(b) Upon written notice from a law enforcement officer
indicating that property in the possession of a pawnbroker and
subject to a hold order is needed for the purpose of furthering
a criminal investigation and prosecution, the pawnbroker shall
release the property subject to the hold order to the custody
of the law enforcement officer for such purpose and the officer

HB1438 Engrossed - 2 - LRB101 04919 JRG 49928 b
shall provide a written acknowledgment that the property has
been released to the officer. The release of the property to
the custody of the law enforcement officer shall not be
considered a waiver or release of the pawnbroker's property
rights or interest in the property. Upon completion of the
criminal investigation, the property shall be returned to the
pawnbroker who consented to its release; except that, if the
law enforcement officer at the completion of the criminal
investigation is able to determine the property subject to the
hold order is stolen property and has identified the owner of
the stolen property, the property shall be returned to the
owner without the payment of the money advanced by the
pawnbroker or any costs or charges of any kind that the
pawnbroker may have placed upon the same. If the law
enforcement officer has not completed the criminal
investigation within 120 days after its release, the officer
shall immediately return the property to the pawnbroker or
obtain and furnish to the pawnbroker a warrant for the
continued custody of the property.
The pawnbroker shall not release or dispose of the property
except pursuant to a court order or the expiration of the
holding period of the hold order, including all extensions.
In cases where criminal charges have been filed and the
property may be needed as evidence, the prosecuting attorney
shall notify the pawnbroker in writing. The notice shall
contain the case number, the style of the case, and a

HB1438 Engrossed - 3 - LRB101 04919 JRG 49928 b
description of the property. The pawnbroker shall hold such
property until receiving notice of the disposition of the case
from the prosecuting attorney. The prosecuting attorney shall
notify the pawnbroker and claimant in writing within 15 days
after the disposition of the case.
Nothing in this Section alters the pawnbroker's
obligations to the owner of property as detailed in Section 9
or as provided in any other applicable federal or State law.
(c) A hold order must specify:
(1) the name and address of the pawnbroker;
(2) the name, title, and identification number of the
law enforcement officer placing the hold order or the court
placing the hold order;
(3) a complete description of the property to be held,
including model number and serial number, if applicable;
(4) the name of the person reporting the property to be
misappropriated unless otherwise prohibited by law;
(5) the mailing address of the pawnbroker where the
property is held; and
(6) the expiration date of the holding period.
(d) The pawnbroker or the pawnbroker's representative must
sign and date a copy of the hold order as evidence of receipt
of the hold order and the beginning of the 120-day holding
period.
(Source: P.A. 96-1365, eff. 7-28-10.)