Bill Text: IL HB3881 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Amends the Compassionate Use of Medical Cannabis Program Act and the Cannabis Regulation and Tax Act. Requires each Department responsible for licensing of a cannabis business establishment or registration or licensing of a cultivation center or dispensing organization under the Acts to publish on the Department's website a list of the ownership information of the applicants, registrants, or licensees under the Department's jurisdiction. Effective immediately.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB3881 Detail]
Download: Illinois-2019-HB3881-Introduced.html
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1 | AN ACT concerning health.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Compassionate Use of Medical Cannabis | |||||||||||||||||||||
5 | Program Act is amended by adding Section 93 as follows:
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6 | (410 ILCS 130/93 new) | |||||||||||||||||||||
7 | Sec. 93. Publishing ownership information. Each Department | |||||||||||||||||||||
8 | responsible for registration or licensure of a cultivation | |||||||||||||||||||||
9 | center or dispensing organization under this Act shall publish | |||||||||||||||||||||
10 | on the Department's website a list of the ownership information | |||||||||||||||||||||
11 | of cultivation center or dispensing organization applicants, | |||||||||||||||||||||
12 | registrants, or licensees under the Department's jurisdiction. | |||||||||||||||||||||
13 | The list shall include, but is not limited to: the name of the | |||||||||||||||||||||
14 | person or entity who is applying, registered, or licensed; and | |||||||||||||||||||||
15 | the address at which the entity is applying, registered, or | |||||||||||||||||||||
16 | licensed under this Act. This list shall be published and | |||||||||||||||||||||
17 | updated monthly.
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18 | Section 10. The Cannabis Regulation and Tax Act is amended | |||||||||||||||||||||
19 | by changing Section 55-30 as follows:
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20 | (410 ILCS 705/55-30)
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21 | Sec. 55-30. Confidentiality. |
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1 | (a) Information provided by the cannabis business | ||||||
2 | establishment licensees or applicants to the Department of | ||||||
3 | Agriculture, the Department of Public Health, the Department of | ||||||
4 | Financial and Professional Regulation, the Department of | ||||||
5 | Commerce and Economic Opportunity, or other agency shall be | ||||||
6 | limited to information necessary for the purposes of | ||||||
7 | administering this Act. The information is subject to the | ||||||
8 | provisions and limitations contained in the Freedom of | ||||||
9 | Information Act and may be disclosed in accordance with Section | ||||||
10 | 55-65. | ||||||
11 | (b) The following information received and records kept by | ||||||
12 | the Department of Agriculture, the Department of Public Health, | ||||||
13 | the Department of State Police, and the Department of Financial | ||||||
14 | and Professional Regulation for purposes of administering this | ||||||
15 | Article are subject to all applicable federal privacy laws, are | ||||||
16 | confidential and exempt from disclosure under the Freedom of | ||||||
17 | Information Act, except as provided in this Act, and not | ||||||
18 | subject to disclosure to any individual or public or private | ||||||
19 | entity, except to the Department of Financial and Professional | ||||||
20 | Regulation, the Department of Agriculture, the Department of | ||||||
21 | Public Health, and the Department of State Police as necessary | ||||||
22 | to perform official duties under this Article. The following | ||||||
23 | information received and kept by the Department of Financial | ||||||
24 | and Professional Regulation or the Department of Agriculture, | ||||||
25 | excluding any existing or non-existing Illinois or national | ||||||
26 | criminal history record information, may be disclosed to the |
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1 | Department of Public Health, the Department of Agriculture, the | ||||||
2 | Department of Revenue, or the Department of State Police upon | ||||||
3 | request: | ||||||
4 | (1) Applications and renewals, their contents, and | ||||||
5 | supporting information submitted by or on behalf of | ||||||
6 | dispensing organizations in compliance with this Article, | ||||||
7 | including their physical addresses; | ||||||
8 | (2) Any plans, procedures, policies, or other records | ||||||
9 | relating to dispensing organization security; | ||||||
10 | (3) Information otherwise exempt from disclosure by | ||||||
11 | State or federal law. | ||||||
12 | (c) The name and address of a dispensing organization | ||||||
13 | licensed under this Act shall be subject to disclosure under | ||||||
14 | the Freedom of Information Act. The name and cannabis business | ||||||
15 | establishment address of the person or entity holding each | ||||||
16 | cannabis business establishment license shall be subject to | ||||||
17 | disclosure. | ||||||
18 | (d) All information collected by the Department of | ||||||
19 | Financial and Professional Regulation in the course of an | ||||||
20 | examination, inspection, or investigation of a licensee or | ||||||
21 | applicant, including, but not limited to, any complaint against | ||||||
22 | a licensee or applicant filed with the Department and | ||||||
23 | information collected to investigate any such complaint, shall | ||||||
24 | be maintained for the confidential use of the Department and | ||||||
25 | shall not be disclosed, except as otherwise provided in the | ||||||
26 | Act. A formal complaint against a licensee by the Department or |
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1 | any disciplinary order issued by the Department against a | ||||||
2 | licensee or applicant shall be a public record, except as | ||||||
3 | otherwise prohibited by law, as required by law, or as | ||||||
4 | necessary to enforce the provisions of this Act. Complaints | ||||||
5 | from consumers or members of the general public received | ||||||
6 | regarding a specific, named licensee or complaints regarding | ||||||
7 | conduct by unlicensed entities shall be subject to disclosure | ||||||
8 | under the Freedom of Information Act | ||||||
9 | (e) The Department of Agriculture, the Department of State | ||||||
10 | Police, and the Department of Financial and Professional | ||||||
11 | Regulation shall not share or disclose any existing or | ||||||
12 | non-existing Illinois or national criminal history record | ||||||
13 | information to any person or entity not expressly authorized by | ||||||
14 | this Act. As used in this Section, "any existing or | ||||||
15 | non-existing Illinois or national criminal history record | ||||||
16 | information" means any Illinois or national criminal history | ||||||
17 | record information, including but not limited to the lack of or | ||||||
18 | non-existence of these records. | ||||||
19 | (f) Each Department responsible for licensure under this | ||||||
20 | Act shall publish on the Department's website a list of the | ||||||
21 | ownership information of cannabis business establishment | ||||||
22 | applicants and licensees under the Department's jurisdiction. | ||||||
23 | The list shall include, but is not limited to: the name of the | ||||||
24 | person or entity applying to hold or holding each cannabis | ||||||
25 | business establishment license; and the address at which the | ||||||
26 | entity is applying to operate or operating under this Act. This |
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1 | list shall be published and updated monthly.
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2 | (Source: P.A. 101-27, eff. 6-25-19.)
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3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law.
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