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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB3906 Introduced 10/17/2019, by Rep. Bob Morgan - Deb Conroy - Kelly M. Cassidy and Norine K. Hammond SYNOPSIS AS INTRODUCED: |
| New Act | | 5 ILCS 100/5-45 | from Ch. 127, par. 1005-45 | 30 ILCS 105/5.891 new | |
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Creates the CBD Safety Act. Prohibits the sale or distribution of a CBD product unless the CBD product has labeling and has undergone lab testing that meet labeling and minimum testing requirements pursuant to rules adopted by the Department of Agriculture. Requires the Department to administer and enforce the Act and to develop rules for the labeling and minimum testing requirements of CBD products using a specified provision of the Illinois Administrative Code as a model. Provides that the Department of Public Health, the Illinois State Police, and the Department of Agriculture may inspect any business that manufactures, processes, transports, or distributes CBD products in the State to ensure compliance with the Act. Provides specified criminal fines, imprisonment, and administrative penalties for violations of the Act and directs that criminal fines collected under the Act shall be deposited into the CBD Safety Fund. Allows the Director to pursue and a court to grant a temporary restraining order or a preliminary or permanent injunction restraining any person from violating the Act. Contains other provisions. Amends the Illinois Administrative Procedure Act. Allows the Department of Agriculture to adopt emergency rules to implement the CBD Safety Act. Amends the State Finance Act. Creates the CBD Safety Fund. Effective 180 days after becoming law.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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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 1. Short title. This Act may be cited as the CBD |
5 | | Safety Act. |
6 | | Section 5. Definitions. In this Act: |
7 | | "CBD" means cannabidiol derived from cannabis. "CBD" |
8 | | includes resin extracted from any part of a cannabis plant and |
9 | | any compound, manufacture, salt, derivative, mixture, or |
10 | | preparation of such plant, whether produced directly or |
11 | | indirectly by extraction, independently by means of chemical |
12 | | synthesis, or by a combination of extraction and chemical |
13 | | synthesis. "CBD" does not include any product or substance |
14 | | regulated under the Compassionate Use of Medical Cannabis |
15 | | Program Act, the Cannabis Regulation and Tax Act, or the |
16 | | Industrial Hemp Act. |
17 | | "CBD product" means a product offered for sale that |
18 | | contains CBD. |
19 | | "Department" means the Department of Agriculture. |
20 | | "Director" means the Director of Agriculture. |
21 | | Section 10. CBD product labeling and testing requirements. |
22 | | No person shall sell or distribute a CBD product unless the CBD |
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1 | | product has labeling and has undergone lab testing that meet |
2 | | labeling and minimum testing requirements pursuant to rules |
3 | | adopted by the Department under subsection (b) of Section 15. |
4 | | Section 15. Administration and enforcement; rules; |
5 | | emergency rules; inspection. |
6 | | (a) The Department shall administer and enforce this Act |
7 | | and may adopt rules under the Illinois Administrative Procedure |
8 | | Act for the purpose of administering and enforcing this Act. |
9 | | (b) The Department shall develop rules setting forth |
10 | | labeling and minimum testing requirements of CBD products, |
11 | | using Section 1000.510 of Title 8 of the Illinois |
12 | | Administrative Code as a model. |
13 | | (c) In order to provide for the expeditious and timely |
14 | | implementation of the provisions of this Act, the Department |
15 | | may adopt emergency rules in accordance with Section 5-45 of |
16 | | the Illinois Administrative Procedure Act to the extent |
17 | | necessary to administer the Department's responsibilities |
18 | | under this Act. The adoption of emergency rules authorized by |
19 | | this subsection (c) is deemed to be necessary for the public |
20 | | interest, safety, and welfare. |
21 | | (d) The Department of Public Health, the Illinois State |
22 | | Police, and the Department may inspect any business that |
23 | | manufactures, processes, transports, or distributes CBD |
24 | | products in the State to ensure compliance with this Act. |
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1 | | Section 20. Violations; fines. |
2 | | (a) A person who by himself or herself, by his or her |
3 | | employee or agent, or as the employee or agent of another |
4 | | person violates Section 10 or any rule adopted by the |
5 | | Department under Section 15 is guilty of a business offense and |
6 | | shall be fined not less than $1,000 for the first offense; not |
7 | | less than $1,500 for a second offense; and not less than $2,500 |
8 | | for a third offense. |
9 | | (b) A person who by himself or herself, by the person's |
10 | | servant or agent, or as a servant or agent of another person |
11 | | commits a fourth or subsequent violation of Section 10 or any |
12 | | rule adopted by the Department under Section 15 is guilty of a |
13 | | Class 3 felony and subject to: (1) a fine of not less than |
14 | | $1,000 and not more than $10,000, or the total amount of any |
15 | | money gained for each day on which a violation has been found, |
16 | | whichever is greater; (2) imprisonment; or (3) both. |
17 | | (c) Moneys collected under this Section shall be deposited |
18 | | into the CBD Safety Fund. |
19 | | Section 25. Administrative penalties; judicial review. |
20 | | When an administrative hearing is held, the hearing officer, |
21 | | upon a determination of a violation of Section 10 or any rule |
22 | | adopted by the Department under Section 15, shall levy the |
23 | | following administrative monetary penalties: |
24 | | (1) A penalty of $500 for a first violation. |
25 | | (2) A penalty of $1,500 for a second violation at the |
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1 | | same location within 2 years of the first violation. |
2 | | (3) A penalty of $2,500 for a third or subsequent |
3 | | violation at the same location within 2 years of the second |
4 | | violation. |
5 | | The penalty levied shall be collected by the Department. |
6 | | Any penalty of $2,500 or greater that is not paid within 120 |
7 | | days of issuance of notice from the Department shall be |
8 | | submitted to the Department of Revenue for collection as |
9 | | provided under the Illinois State Collection Act of 1986. The |
10 | | Department may prohibit any person from selling or distributing |
11 | | a CBD product for failure to pay an administrative monetary |
12 | | penalty within 60 days of issuance of notice from the |
13 | | Department. |
14 | | All final administrative decisions of the Department are |
15 | | subject to judicial review under the Administrative Review Law. |
16 | | The term "administrative decision" has the same meaning as |
17 | | defined in Section 3-101 of the Code of Civil Procedure. |
18 | | Section 30. Publishing information. The Director or the |
19 | | Director's agent may publish or cause to be published any |
20 | | information pertinent to the issuance of the decision of the |
21 | | court or administrative hearing to such media as the Director |
22 | | may designate. |
23 | | Section 35. Temporary restraining order or injunction. The |
24 | | Director may file a complaint and apply to the circuit court |
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1 | | for, and the court upon hearing and for cause shown may grant, |
2 | | a temporary restraining order or a preliminary or permanent |
3 | | injunction restraining any person from violating this Act. |
4 | | Section 40. CBD Safety Fund. The CBD Safety fund is created |
5 | | as a special fund in the State treasury. Moneys in the Fund |
6 | | shall be utilized by the Department for the implementation, |
7 | | administration, and enforcement of this Act. |
8 | | Section 90. The Illinois Administrative Procedure Act is |
9 | | amended by changing Section 5-45 as follows: |
10 | | (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) |
11 | | Sec. 5-45. Emergency rulemaking. |
12 | | (a) "Emergency" means the existence of any situation that |
13 | | any agency
finds reasonably constitutes a threat to the public |
14 | | interest, safety, or
welfare. |
15 | | (b) If any agency finds that an
emergency exists that |
16 | | requires adoption of a rule upon fewer days than
is required by |
17 | | Section 5-40 and states in writing its reasons for that
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18 | | finding, the agency may adopt an emergency rule without prior |
19 | | notice or
hearing upon filing a notice of emergency rulemaking |
20 | | with the Secretary of
State under Section 5-70. The notice |
21 | | shall include the text of the
emergency rule and shall be |
22 | | published in the Illinois Register. Consent
orders or other |
23 | | court orders adopting settlements negotiated by an agency
may |
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1 | | be adopted under this Section. Subject to applicable |
2 | | constitutional or
statutory provisions, an emergency rule |
3 | | becomes effective immediately upon
filing under Section 5-65 or |
4 | | at a stated date less than 10 days
thereafter. The agency's |
5 | | finding and a statement of the specific reasons
for the finding |
6 | | shall be filed with the rule. The agency shall take
reasonable |
7 | | and appropriate measures to make emergency rules known to the
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8 | | persons who may be affected by them. |
9 | | (c) An emergency rule may be effective for a period of not |
10 | | longer than
150 days, but the agency's authority to adopt an |
11 | | identical rule under Section
5-40 is not precluded. No |
12 | | emergency rule may be adopted more
than once in any 24-month |
13 | | period, except that this limitation on the number
of emergency |
14 | | rules that may be adopted in a 24-month period does not apply
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15 | | to (i) emergency rules that make additions to and deletions |
16 | | from the Drug
Manual under Section 5-5.16 of the Illinois |
17 | | Public Aid Code or the
generic drug formulary under Section |
18 | | 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) |
19 | | emergency rules adopted by the Pollution Control
Board before |
20 | | July 1, 1997 to implement portions of the Livestock Management
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21 | | Facilities Act, (iii) emergency rules adopted by the Illinois |
22 | | Department of Public Health under subsections (a) through (i) |
23 | | of Section 2 of the Department of Public Health Act when |
24 | | necessary to protect the public's health, (iv) emergency rules |
25 | | adopted pursuant to subsection (n) of this Section, (v) |
26 | | emergency rules adopted pursuant to subsection (o) of this |
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1 | | Section, or (vi) emergency rules adopted pursuant to subsection |
2 | | (c-5) of this Section. Two or more emergency rules having |
3 | | substantially the same
purpose and effect shall be deemed to be |
4 | | a single rule for purposes of this
Section. |
5 | | (c-5) To facilitate the maintenance of the program of group |
6 | | health benefits provided to annuitants, survivors, and retired |
7 | | employees under the State Employees Group Insurance Act of |
8 | | 1971, rules to alter the contributions to be paid by the State, |
9 | | annuitants, survivors, retired employees, or any combination |
10 | | of those entities, for that program of group health benefits, |
11 | | shall be adopted as emergency rules. The adoption of those |
12 | | rules shall be considered an emergency and necessary for the |
13 | | public interest, safety, and welfare. |
14 | | (d) In order to provide for the expeditious and timely |
15 | | implementation
of the State's fiscal year 1999 budget, |
16 | | emergency rules to implement any
provision of Public Act 90-587 |
17 | | or 90-588
or any other budget initiative for fiscal year 1999 |
18 | | may be adopted in
accordance with this Section by the agency |
19 | | charged with administering that
provision or initiative, |
20 | | except that the 24-month limitation on the adoption
of |
21 | | emergency rules and the provisions of Sections 5-115 and 5-125 |
22 | | do not apply
to rules adopted under this subsection (d). The |
23 | | adoption of emergency rules
authorized by this subsection (d) |
24 | | shall be deemed to be necessary for the
public interest, |
25 | | safety, and welfare. |
26 | | (e) In order to provide for the expeditious and timely |
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1 | | implementation
of the State's fiscal year 2000 budget, |
2 | | emergency rules to implement any
provision of Public Act 91-24
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3 | | or any other budget initiative for fiscal year 2000 may be |
4 | | adopted in
accordance with this Section by the agency charged |
5 | | with administering that
provision or initiative, except that |
6 | | the 24-month limitation on the adoption
of emergency rules and |
7 | | the provisions of Sections 5-115 and 5-125 do not apply
to |
8 | | rules adopted under this subsection (e). The adoption of |
9 | | emergency rules
authorized by this subsection (e) shall be |
10 | | deemed to be necessary for the
public interest, safety, and |
11 | | welfare. |
12 | | (f) In order to provide for the expeditious and timely |
13 | | implementation
of the State's fiscal year 2001 budget, |
14 | | emergency rules to implement any
provision of Public Act 91-712
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15 | | or any other budget initiative for fiscal year 2001 may be |
16 | | adopted in
accordance with this Section by the agency charged |
17 | | with administering that
provision or initiative, except that |
18 | | the 24-month limitation on the adoption
of emergency rules and |
19 | | the provisions of Sections 5-115 and 5-125 do not apply
to |
20 | | rules adopted under this subsection (f). The adoption of |
21 | | emergency rules
authorized by this subsection (f) shall be |
22 | | deemed to be necessary for the
public interest, safety, and |
23 | | welfare. |
24 | | (g) In order to provide for the expeditious and timely |
25 | | implementation
of the State's fiscal year 2002 budget, |
26 | | emergency rules to implement any
provision of Public Act 92-10
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1 | | or any other budget initiative for fiscal year 2002 may be |
2 | | adopted in
accordance with this Section by the agency charged |
3 | | with administering that
provision or initiative, except that |
4 | | the 24-month limitation on the adoption
of emergency rules and |
5 | | the provisions of Sections 5-115 and 5-125 do not apply
to |
6 | | rules adopted under this subsection (g). The adoption of |
7 | | emergency rules
authorized by this subsection (g) shall be |
8 | | deemed to be necessary for the
public interest, safety, and |
9 | | welfare. |
10 | | (h) In order to provide for the expeditious and timely |
11 | | implementation
of the State's fiscal year 2003 budget, |
12 | | emergency rules to implement any
provision of Public Act 92-597
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13 | | or any other budget initiative for fiscal year 2003 may be |
14 | | adopted in
accordance with this Section by the agency charged |
15 | | with administering that
provision or initiative, except that |
16 | | the 24-month limitation on the adoption
of emergency rules and |
17 | | the provisions of Sections 5-115 and 5-125 do not apply
to |
18 | | rules adopted under this subsection (h). The adoption of |
19 | | emergency rules
authorized by this subsection (h) shall be |
20 | | deemed to be necessary for the
public interest, safety, and |
21 | | welfare. |
22 | | (i) In order to provide for the expeditious and timely |
23 | | implementation
of the State's fiscal year 2004 budget, |
24 | | emergency rules to implement any
provision of Public Act 93-20
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25 | | or any other budget initiative for fiscal year 2004 may be |
26 | | adopted in
accordance with this Section by the agency charged |
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1 | | with administering that
provision or initiative, except that |
2 | | the 24-month limitation on the adoption
of emergency rules and |
3 | | the provisions of Sections 5-115 and 5-125 do not apply
to |
4 | | rules adopted under this subsection (i). The adoption of |
5 | | emergency rules
authorized by this subsection (i) shall be |
6 | | deemed to be necessary for the
public interest, safety, and |
7 | | welfare. |
8 | | (j) In order to provide for the expeditious and timely |
9 | | implementation of the provisions of the State's fiscal year |
10 | | 2005 budget as provided under the Fiscal Year 2005 Budget |
11 | | Implementation (Human Services) Act, emergency rules to |
12 | | implement any provision of the Fiscal Year 2005 Budget |
13 | | Implementation (Human Services) Act may be adopted in |
14 | | accordance with this Section by the agency charged with |
15 | | administering that provision, except that the 24-month |
16 | | limitation on the adoption of emergency rules and the |
17 | | provisions of Sections 5-115 and 5-125 do not apply to rules |
18 | | adopted under this subsection (j). The Department of Public Aid |
19 | | may also adopt rules under this subsection (j) necessary to |
20 | | administer the Illinois Public Aid Code and the Children's |
21 | | Health Insurance Program Act. The adoption of emergency rules |
22 | | authorized by this subsection (j) shall be deemed to be |
23 | | necessary for the public interest, safety, and welfare.
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24 | | (k) In order to provide for the expeditious and timely |
25 | | implementation of the provisions of the State's fiscal year |
26 | | 2006 budget, emergency rules to implement any provision of |
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1 | | Public Act 94-48 or any other budget initiative for fiscal year |
2 | | 2006 may be adopted in accordance with this Section by the |
3 | | agency charged with administering that provision or |
4 | | initiative, except that the 24-month limitation on the adoption |
5 | | of emergency rules and the provisions of Sections 5-115 and |
6 | | 5-125 do not apply to rules adopted under this subsection (k). |
7 | | The Department of Healthcare and Family Services may also adopt |
8 | | rules under this subsection (k) necessary to administer the |
9 | | Illinois Public Aid Code, the Senior Citizens and Persons with |
10 | | Disabilities Property Tax Relief Act, the Senior Citizens and |
11 | | Disabled Persons Prescription Drug Discount Program Act (now |
12 | | the Illinois Prescription Drug Discount Program Act), and the |
13 | | Children's Health Insurance Program Act. The adoption of |
14 | | emergency rules authorized by this subsection (k) shall be |
15 | | deemed to be necessary for the public interest, safety, and |
16 | | welfare.
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17 | | (l) In order to provide for the expeditious and timely |
18 | | implementation of the provisions of the
State's fiscal year |
19 | | 2007 budget, the Department of Healthcare and Family Services |
20 | | may adopt emergency rules during fiscal year 2007, including |
21 | | rules effective July 1, 2007, in
accordance with this |
22 | | subsection to the extent necessary to administer the |
23 | | Department's responsibilities with respect to amendments to |
24 | | the State plans and Illinois waivers approved by the federal |
25 | | Centers for Medicare and Medicaid Services necessitated by the |
26 | | requirements of Title XIX and Title XXI of the federal Social |
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1 | | Security Act. The adoption of emergency rules
authorized by |
2 | | this subsection (l) shall be deemed to be necessary for the |
3 | | public interest,
safety, and welfare.
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4 | | (m) In order to provide for the expeditious and timely |
5 | | implementation of the provisions of the
State's fiscal year |
6 | | 2008 budget, the Department of Healthcare and Family Services |
7 | | may adopt emergency rules during fiscal year 2008, including |
8 | | rules effective July 1, 2008, in
accordance with this |
9 | | subsection to the extent necessary to administer the |
10 | | Department's responsibilities with respect to amendments to |
11 | | the State plans and Illinois waivers approved by the federal |
12 | | Centers for Medicare and Medicaid Services necessitated by the |
13 | | requirements of Title XIX and Title XXI of the federal Social |
14 | | Security Act. The adoption of emergency rules
authorized by |
15 | | this subsection (m) shall be deemed to be necessary for the |
16 | | public interest,
safety, and welfare.
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17 | | (n) In order to provide for the expeditious and timely |
18 | | implementation of the provisions of the State's fiscal year |
19 | | 2010 budget, emergency rules to implement any provision of |
20 | | Public Act 96-45 or any other budget initiative authorized by |
21 | | the 96th General Assembly for fiscal year 2010 may be adopted |
22 | | in accordance with this Section by the agency charged with |
23 | | administering that provision or initiative. The adoption of |
24 | | emergency rules authorized by this subsection (n) shall be |
25 | | deemed to be necessary for the public interest, safety, and |
26 | | welfare. The rulemaking authority granted in this subsection |
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1 | | (n) shall apply only to rules promulgated during Fiscal Year |
2 | | 2010. |
3 | | (o) In order to provide for the expeditious and timely |
4 | | implementation of the provisions of the State's fiscal year |
5 | | 2011 budget, emergency rules to implement any provision of |
6 | | Public Act 96-958 or any other budget initiative authorized by |
7 | | the 96th General Assembly for fiscal year 2011 may be adopted |
8 | | in accordance with this Section by the agency charged with |
9 | | administering that provision or initiative. The adoption of |
10 | | emergency rules authorized by this subsection (o) is deemed to |
11 | | be necessary for the public interest, safety, and welfare. The |
12 | | rulemaking authority granted in this subsection (o) applies |
13 | | only to rules promulgated on or after July 1, 2010 (the |
14 | | effective date of Public Act 96-958) through June 30, 2011. |
15 | | (p) In order to provide for the expeditious and timely |
16 | | implementation of the provisions of Public Act 97-689, |
17 | | emergency rules to implement any provision of Public Act 97-689 |
18 | | may be adopted in accordance with this subsection (p) by the |
19 | | agency charged with administering that provision or |
20 | | initiative. The 150-day limitation of the effective period of |
21 | | emergency rules does not apply to rules adopted under this |
22 | | subsection (p), and the effective period may continue through |
23 | | June 30, 2013. The 24-month limitation on the adoption of |
24 | | emergency rules does not apply to rules adopted under this |
25 | | subsection (p). The adoption of emergency rules authorized by |
26 | | this subsection (p) is deemed to be necessary for the public |
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1 | | interest, safety, and welfare. |
2 | | (q) In order to provide for the expeditious and timely |
3 | | implementation of the provisions of Articles 7, 8, 9, 11, and |
4 | | 12 of Public Act 98-104, emergency rules to implement any |
5 | | provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 |
6 | | may be adopted in accordance with this subsection (q) by the |
7 | | agency charged with administering that provision or |
8 | | initiative. The 24-month limitation on the adoption of |
9 | | emergency rules does not apply to rules adopted under this |
10 | | subsection (q). The adoption of emergency rules authorized by |
11 | | this subsection (q) is deemed to be necessary for the public |
12 | | interest, safety, and welfare. |
13 | | (r) In order to provide for the expeditious and timely |
14 | | implementation of the provisions of Public Act 98-651, |
15 | | emergency rules to implement Public Act 98-651 may be adopted |
16 | | in accordance with this subsection (r) by the Department of |
17 | | Healthcare and Family Services. The 24-month limitation on the |
18 | | adoption of emergency rules does not apply to rules adopted |
19 | | under this subsection (r). The adoption of emergency rules |
20 | | authorized by this subsection (r) is deemed to be necessary for |
21 | | the public interest, safety, and welfare. |
22 | | (s) In order to provide for the expeditious and timely |
23 | | implementation of the provisions of Sections 5-5b.1 and 5A-2 of |
24 | | the Illinois Public Aid Code, emergency rules to implement any |
25 | | provision of Section 5-5b.1 or Section 5A-2 of the Illinois |
26 | | Public Aid Code may be adopted in accordance with this |
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1 | | subsection (s) by the Department of Healthcare and Family |
2 | | Services. The rulemaking authority granted in this subsection |
3 | | (s) shall apply only to those rules adopted prior to July 1, |
4 | | 2015. Notwithstanding any other provision of this Section, any |
5 | | emergency rule adopted under this subsection (s) shall only |
6 | | apply to payments made for State fiscal year 2015. The adoption |
7 | | of emergency rules authorized by this subsection (s) is deemed |
8 | | to be necessary for the public interest, safety, and welfare. |
9 | | (t) In order to provide for the expeditious and timely |
10 | | implementation of the provisions of Article II of Public Act |
11 | | 99-6, emergency rules to implement the changes made by Article |
12 | | II of Public Act 99-6 to the Emergency Telephone System Act may |
13 | | be adopted in accordance with this subsection (t) by the |
14 | | Department of State Police. The rulemaking authority granted in |
15 | | this subsection (t) shall apply only to those rules adopted |
16 | | prior to July 1, 2016. The 24-month limitation on the adoption |
17 | | of emergency rules does not apply to rules adopted under this |
18 | | subsection (t). The adoption of emergency rules authorized by |
19 | | this subsection (t) is deemed to be necessary for the public |
20 | | interest, safety, and welfare. |
21 | | (u) In order to provide for the expeditious and timely |
22 | | implementation of the provisions of the Burn Victims Relief |
23 | | Act, emergency rules to implement any provision of the Act may |
24 | | be adopted in accordance with this subsection (u) by the |
25 | | Department of Insurance. The rulemaking authority granted in |
26 | | this subsection (u) shall apply only to those rules adopted |
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1 | | prior to December 31, 2015. The adoption of emergency rules |
2 | | authorized by this subsection (u) is deemed to be necessary for |
3 | | the public interest, safety, and welfare. |
4 | | (v) In order to provide for the expeditious and timely |
5 | | implementation of the provisions of Public Act 99-516, |
6 | | emergency rules to implement Public Act 99-516 may be adopted |
7 | | in accordance with this subsection (v) by the Department of |
8 | | Healthcare and Family Services. The 24-month limitation on the |
9 | | adoption of emergency rules does not apply to rules adopted |
10 | | under this subsection (v). The adoption of emergency rules |
11 | | authorized by this subsection (v) is deemed to be necessary for |
12 | | the public interest, safety, and welfare. |
13 | | (w) In order to provide for the expeditious and timely |
14 | | implementation of the provisions of Public Act 99-796, |
15 | | emergency rules to implement the changes made by Public Act |
16 | | 99-796 may be adopted in accordance with this subsection (w) by |
17 | | the Adjutant General. The adoption of emergency rules |
18 | | authorized by this subsection (w) is deemed to be necessary for |
19 | | the public interest, safety, and welfare. |
20 | | (x) In order to provide for the expeditious and timely |
21 | | implementation of the provisions of Public Act 99-906, |
22 | | emergency rules to implement subsection (i) of Section 16-115D, |
23 | | subsection (g) of Section 16-128A, and subsection (a) of |
24 | | Section 16-128B of the Public Utilities Act may be adopted in |
25 | | accordance with this subsection (x) by the Illinois Commerce |
26 | | Commission. The rulemaking authority granted in this |
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1 | | subsection (x) shall apply only to those rules adopted within |
2 | | 180 days after June 1, 2017 (the effective date of Public Act |
3 | | 99-906). The adoption of emergency rules authorized by this |
4 | | subsection (x) is deemed to be necessary for the public |
5 | | interest, safety, and welfare. |
6 | | (y) In order to provide for the expeditious and timely |
7 | | implementation of the provisions of Public Act 100-23, |
8 | | emergency rules to implement the changes made by Public Act |
9 | | 100-23 to Section 4.02 of the Illinois Act on the Aging, |
10 | | Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, |
11 | | Section 55-30 of the Alcoholism and Other Drug Abuse and |
12 | | Dependency Act, and Sections 74 and 75 of the Mental Health and |
13 | | Developmental Disabilities Administrative Act may be adopted |
14 | | in accordance with this subsection (y) by the respective |
15 | | Department. The adoption of emergency rules authorized by this |
16 | | subsection (y) is deemed to be necessary for the public |
17 | | interest, safety, and welfare. |
18 | | (z) In order to provide for the expeditious and timely |
19 | | implementation of the provisions of Public Act 100-554, |
20 | | emergency rules to implement the changes made by Public Act |
21 | | 100-554 to Section 4.7 of the Lobbyist Registration Act may be |
22 | | adopted in accordance with this subsection (z) by the Secretary |
23 | | of State. The adoption of emergency rules authorized by this |
24 | | subsection (z) is deemed to be necessary for the public |
25 | | interest, safety, and welfare. |
26 | | (aa) In order to provide for the expeditious and timely |
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1 | | initial implementation of the changes made to Articles 5, 5A, |
2 | | 12, and 14 of the Illinois Public Aid Code under the provisions |
3 | | of Public Act 100-581, the Department of Healthcare and Family |
4 | | Services may adopt emergency rules in accordance with this |
5 | | subsection (aa). The 24-month limitation on the adoption of |
6 | | emergency rules does not apply to rules to initially implement |
7 | | the changes made to Articles 5, 5A, 12, and 14 of the Illinois |
8 | | Public Aid Code adopted under this subsection (aa). The |
9 | | adoption of emergency rules authorized by this subsection (aa) |
10 | | is deemed to be necessary for the public interest, safety, and |
11 | | welfare. |
12 | | (bb) In order to provide for the expeditious and timely |
13 | | implementation of the provisions of Public Act 100-587, |
14 | | emergency rules to implement the changes made by Public Act |
15 | | 100-587 to Section 4.02 of the Illinois Act on the Aging, |
16 | | Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, |
17 | | subsection (b) of Section 55-30 of the Alcoholism and Other |
18 | | Drug Abuse and Dependency Act, Section 5-104 of the Specialized |
19 | | Mental Health Rehabilitation Act of 2013, and Section 75 and |
20 | | subsection (b) of Section 74 of the Mental Health and |
21 | | Developmental Disabilities Administrative Act may be adopted |
22 | | in accordance with this subsection (bb) by the respective |
23 | | Department. The adoption of emergency rules authorized by this |
24 | | subsection (bb) is deemed to be necessary for the public |
25 | | interest, safety, and welfare. |
26 | | (cc) In order to provide for the expeditious and timely |
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1 | | implementation of the provisions of Public Act 100-587, |
2 | | emergency rules may be adopted in accordance with this |
3 | | subsection (cc) to implement the changes made by Public Act |
4 | | 100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois |
5 | | Pension Code by the Board created under Article 14 of the Code; |
6 | | Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by |
7 | | the Board created under Article 15 of the Code; and Sections |
8 | | 16-190.5 and 16-190.6 of the Illinois Pension Code by the Board |
9 | | created under Article 16 of the Code. The adoption of emergency |
10 | | rules authorized by this subsection (cc) is deemed to be |
11 | | necessary for the public interest, safety, and welfare. |
12 | | (dd) In order to provide for the expeditious and timely |
13 | | implementation of the provisions of Public Act 100-864, |
14 | | emergency rules to implement the changes made by Public Act |
15 | | 100-864 to Section 3.35 of the Newborn Metabolic Screening Act |
16 | | may be adopted in accordance with this subsection (dd) by the |
17 | | Secretary of State. The adoption of emergency rules authorized |
18 | | by this subsection (dd) is deemed to be necessary for the |
19 | | public interest, safety, and welfare. |
20 | | (ee) In order to provide for the expeditious and timely |
21 | | implementation of the provisions of Public Act 100-1172 this |
22 | | amendatory Act of the 100th General Assembly , emergency rules |
23 | | implementing the Illinois Underground Natural Gas Storage |
24 | | Safety Act may be adopted in accordance with this subsection by |
25 | | the Department of Natural Resources. The adoption of emergency |
26 | | rules authorized by this subsection is deemed to be necessary |
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1 | | for the public interest, safety, and welfare. |
2 | | (ff) (ee) In order to provide for the expeditious and |
3 | | timely initial implementation of the changes made to Articles |
4 | | 5A and 14 of the Illinois Public Aid Code under the provisions |
5 | | of Public Act 100-1181 this amendatory Act of the 100th General |
6 | | Assembly , the Department of Healthcare and Family Services may |
7 | | on a one-time-only basis adopt emergency rules in accordance |
8 | | with this subsection (ff) (ee) . The 24-month limitation on the |
9 | | adoption of emergency rules does not apply to rules to |
10 | | initially implement the changes made to Articles 5A and 14 of |
11 | | the Illinois Public Aid Code adopted under this subsection (ff) |
12 | | (ee) . The adoption of emergency rules authorized by this |
13 | | subsection (ff) (ee) is deemed to be necessary for the public |
14 | | interest, safety, and welfare. |
15 | | (gg) (ff) In order to provide for the expeditious and |
16 | | timely implementation of the provisions of Public Act 101-1 |
17 | | this amendatory Act of the 101st General Assembly , emergency |
18 | | rules may be adopted by the Department of Labor in accordance |
19 | | with this subsection (gg) (ff) to implement the changes made by |
20 | | Public Act 101-1 this amendatory Act of the 101st General |
21 | | Assembly to the Minimum Wage Law. The adoption of emergency |
22 | | rules authorized by this subsection (gg) (ff) is deemed to be |
23 | | necessary for the public interest, safety, and welfare. |
24 | | (hh) In order to provide for the expeditious and timely |
25 | | implementation of the provisions of the CBD Safety Act, |
26 | | emergency rules implementing the CBD Safety Act may be adopted |
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1 | | in accordance with this subsection (hh) by the Department of |
2 | | Agriculture. The adoption of emergency rules authorized by this |
3 | | subsection (hh) is deemed to be necessary for the public |
4 | | interest, safety, and welfare. |
5 | | (Source: P.A. 100-23, eff. 7-6-17; 100-554, eff. 11-16-17; |
6 | | 100-581, eff. 3-12-18; 100-587, Article 95, Section 95-5, eff. |
7 | | 6-4-18; 100-587, Article 110, Section 110-5, eff. 6-4-18; |
8 | | 100-864, eff. 8-14-18; 100-1172, eff. 1-4-19; 100-1181, eff. |
9 | | 3-8-19; 101-1, eff. 2-19-19; revised 4-2-19.) |
10 | | Section 95. The State Finance Act is amended by adding |
11 | | Section 5.891 as follows: |
12 | | (30 ILCS 105/5.891 new) |
13 | | Sec. 5.891. The CBD Safety Fund.
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14 | | Section 99. Effective date. This Act takes effect 180 days |
15 | | after becoming law.
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