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Rep. Kenneth Dunkin
Filed: 4/5/2011
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| 1 | | AMENDMENT TO HOUSE BILL 830
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| 2 | | AMENDMENT NO. ______. Amend House Bill 830 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 1. Short title. This Act may be cited as the |
| 5 | | Industrial Hemp Act.
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| 6 | | Section 5. Definitions. In this Act: |
| 7 | | "Department" means the Department of Agriculture. |
| 8 | | "Director" means the Director of Agriculture. |
| 9 | | "Industrial hemp" means fibres cultivated from plants of |
| 10 | | the cannabis genus with a THC (tetrahydrocannabinol) content of |
| 11 | | 0.3% or lower.
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| 12 | | Section 10. Licenses. |
| 13 | | (a) Any person desiring to grow, process, cultivate, |
| 14 | | harvest, process, possess, sell, or purchase industrial hemp or |
| 15 | | industrial hemp related products must be licensed by the |
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| 1 | | Department. |
| 2 | | (b) The application for a license shall include the name |
| 3 | | and address of the applicant and the legal description of the |
| 4 | | land area to be used to grow or process industrial hemp. |
| 5 | | (c) Each individual shall submit his or her fingerprints to |
| 6 | | the Department of State Police in an electronic format that |
| 7 | | complies with the form and manner for requesting and furnishing |
| 8 | | criminal history record information prescribed by the |
| 9 | | Department of State Police. The fingerprints submitted under |
| 10 | | this Section shall be checked against the fingerprint records |
| 11 | | filed in the Department of State Police criminal history record |
| 12 | | databases. The Department of State Police shall charge a fee |
| 13 | | for conducting the criminal history records check, which shall |
| 14 | | not exceed the actual cost of the records check. The Department |
| 15 | | of State Police shall provide information concerning any |
| 16 | | criminal convictions against the individual to the Department. |
| 17 | | No person with a prior felony conviction within 10 years of |
| 18 | | applying for a license shall be eligible for licensure.
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| 19 | | (d) If the applicant completes the application process to |
| 20 | | the satisfaction of the Department, then the Department shall |
| 21 | | issue the license, which shall be valid for a period of one |
| 22 | | year.
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| 23 | | Section 15. Rules. |
| 24 | | (a) The application and licensing requirements shall be |
| 25 | | determined by the Department and set by rule. |
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| 1 | | (b) The rules set by the Department shall include one |
| 2 | | yearly inspection and one yearly surprise inspection of a |
| 3 | | licensed industrial hemp cultivation operation. |
| 4 | | (c) The Department shall adopt rules necessary for the |
| 5 | | administration and enforcement of this Act, including rules |
| 6 | | concerning standards and criteria for licensure, for the |
| 7 | | payment of applicable fees, and for forms required for the |
| 8 | | administration of this Act.
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| 9 | | Section 20. Hemp products. Nothing in this Act shall alter |
| 10 | | the legality of hemp or hemp products that are presently legal |
| 11 | | to possess or own.
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| 12 | | Section 25. Violation of federal law. Nothing in this Act |
| 13 | | shall be construed to authorize any person to violate federal |
| 14 | | rules, regulations, or laws. If any part of this Act conflicts |
| 15 | | with a provision of the federal laws regarding industrial hemp, |
| 16 | | the federal provisions shall control to the extent of the |
| 17 | | conflict.
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| 18 | | Section 30. Home rule. It is declared to be the public
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| 19 | | policy of this State, under subsection (h) of Section 6 of
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| 20 | | Article VII of the Illinois Constitution of 1970, that any |
| 21 | | power or
function set forth in this Act to be exercised by the |
| 22 | | State is an
exclusive State power or function. The power or |
| 23 | | function shall
not be exercised concurrently, either directly |