Illinois General Assembly - Bill Status for SB2023
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 Bill Status of SB2023  102nd General Assembly


Short Description:  BANKING-CANNABIS BUSINESSES

Senate Sponsors
Sen. Laura Fine - Don Harmon - Linda Holmes - Cristina Castro, Mattie Hunter, Robert Peters, Ann Gillespie, Toi W. Hutchinson, Antonio Muñoz, Laura M. Murphy, Rachelle Crowe, Christopher Belt, Jason A. Barickman, Neil Anderson and Ram Villivalam

House Sponsors
(Rep. Bob Morgan - Kelly M. Cassidy - Jim Durkin - Jehan Gordon-Booth - Sonya M. Harper, Justin Slaughter, Katie Stuart, Natalie A. Manley, Ann M. Williams, Deb Conroy, Jeff Keicher, Tim Butler, Norine K. Hammond, Jonathan Carroll, John Connor, Michael Halpin, Monica Bristow, Frances Ann Hurley, Barbara Hernandez, Sam Yingling, Robert Martwick, Camille Y. Lilly, Lamont J. Robinson, Jr. and David A. Welter)

Last Action
DateChamber Action
  8/9/2019SenatePublic Act . . . . . . . . . 101-0363

Statutes Amended In Order of Appearance
205 ILCS 5/48
205 ILCS 5/48.3from Ch. 17, par. 360.2
205 ILCS 305/8from Ch. 17, par. 4409
205 ILCS 305/9.1


Synopsis As Introduced
Amends the Illinois Banking Act and the Illinois Credit Union Act. Provides that the Secretary of Financial and Professional Regulation shall not: issue an order against a financial institution for unsafe or unsound banking practices solely because the entity provides financial services to a cannabis-related legitimate business; prohibit, penalize, or otherwise discourage a financial institution from providing financial services to a cannabis-related legitimate business solely because the entity provides financial services to a cannabis-related legitimate business; recommend, incentivize, or encourage a financial institution not to offer financial services to an account holder or to downgrade or cancel the financial services offered to an account holder solely because the account holder is a manufacturer or producer or is the owner, operator, or employee of a cannabis-related legitimate business, the account holder later becomes an owner or operator of a cannabis-related legitimate business, or the financial institution was not aware that the account holder is the owner or operator of a cannabis-related legitimate business; and take any adverse or corrective supervisory action on a loan made to an owner or operator of a cannabis-related legitimate business solely because the owner or operator owns or operates a cannabis-related legitimate business or an owner or operator of real estate or equipment that is leased to a cannabis-related legitimate business solely because the owner or operator of the real estate or equipment leased the equipment or real estate to a cannabis-related legitimate business. Authorizes the Secretary to furnish confidential supervisory information relating to a financial institution providing financial services to cannabis-related businesses, limited to the name, contact information, and such other information as the Secretary determines is prudent, to the Illinois State Treasurer. Effective immediately.

Senate Committee Amendment No. 1
Deletes reference to:
205 ILCS 5/48.3
205 ILCS 305/9.1

Deletes provisions authorizing the Secretary of Financial and Professional Regulation to furnish to the State Treasurer confidential supervisory information concerning financial institutions that provide financial services to cannabis-related businesses.

House Floor Amendment No. 1
Deletes reference to:
205 ILCS 5/48
205 ILCS 305/8
Adds reference to:
30 ILCS 500/1-10
35 ILCS 5/201from Ch. 120, par. 2-201
35 ILCS 105/3-10
35 ILCS 110/3-10from Ch. 120, par. 439.33-10
35 ILCS 115/3-10from Ch. 120, par. 439.103-10
35 ILCS 120/2-10
105 ILCS 5/22-33
225 ILCS 60/22from Ch. 111, par. 4400-22
225 ILCS 65/70-5was 225 ILCS 65/10-45
225 ILCS 95/21from Ch. 111, par. 4621
410 ILCS 130/1
410 ILCS 130/7
410 ILCS 130/10
410 ILCS 130/25
410 ILCS 130/30
410 ILCS 130/35
410 ILCS 130/36
410 ILCS 130/40
410 ILCS 130/45
410 ILCS 130/55
410 ILCS 130/57
410 ILCS 130/60
410 ILCS 130/62
410 ILCS 130/75
410 ILCS 130/105
410 ILCS 130/115
410 ILCS 130/130
410 ILCS 130/145
410 ILCS 130/160
410 ILCS 130/173 new
410 ILCS 130/195
410 ILCS 130/200
410 ILCS 130/135 rep.
410 ILCS 130/220 rep.
625 ILCS 5/2-118.2
625 ILCS 5/6-206.1from Ch. 95 1/2, par. 6-206.1
625 ILCS 5/11-501from Ch. 95 1/2, par. 11-501
625 ILCS 5/11-501.9
720 ILCS 550/5.3

Replaces everything after the enacting clause. Amends the Nurse Practice Act and the Physician Assistant Practice Act of 1987. Provides that violating the Compassionate Use of Medical Cannabis Program Act is grounds for disciplinary action under the Acts. Amends the Compassionate Use of Medical Cannabis Pilot Program Act. Removes the word "Pilot" from the Act's short title and the Compassionate Use of Medical Cannabis Pilot Program. Makes conforming changes throughout the Act and statutes. Replaces the defined term "bona fide physician-patient relationship" with "bona fide health care professional-relationship" and makes conforming changes throughout the Act. Provides that specified maladies are debilitating medical conditions. Refers to certifying health care professionals (rather than physicians) throughout the Act. Provides that a certifying health care professional may not engage in fee splitting as prohibited under the Medical Practice Act of 1987. Provides that nothing in the Act shall preclude a certifying health care professional from referring a patient for health services, including certification, under the Act. Provides that a qualifying patient under the age of 18 shall not be prohibited from having up to 3 (instead of 2) designated caregivers. Provides that the Department of Public Health shall establish procedures to permit qualified veterans to participate in the Opioid Alternative Pilot Program. Provides that any Department-approved quantity waiver process must be made available to qualified veterans. Requires the Department to provide for immediate changes to a registered qualifying patient's designated registered dispensing organization. Provides that the Department of Financial and Professional Regulation shall adopt rules permitting returns, and potential refunds, for damaged or inadequate products. Allows the Department of Financial and Professional Regulation to issue nondisciplinary citations for minor violations which may be accompanied by a civil penalty not to exceed $10,000 per violation and shall contain specified information. Provides that if the licensee does not dispute the matter in the citation with the Department of Financial and Professional Regulation within 30 days after the citation is served, then the citation shall become final and shall not be subject to appeal. Repeals a provision concerning changing a designated dispensing organization. Repeals a provision repealing the Act on July 1, 2020. Makes other changes. Effective immediately.

House Floor Amendment No. 2
Adds reference to:
55 ILCS 5/5-1006.8

Provides that if and only if House Bill 1438 becomes law, then the Counties Code is amended. Provides that County Cannabis Retailers' Occupation Tax may not exceed: (i) 3.75% of the gross receipts of sales made in unincorporated areas of the county; and (ii) 3% of the gross receipts of sales made in a municipality located in the county (removing provisions limiting to 0.75% of the gross receipts of sales made in a municipality located in a non-home rule county and 3% of gross sales receipts made in a municipality located in a home rule county). Effective immediately or on the date House Bill 1438 takes effect, whichever is later.

Actions 
DateChamber Action
  2/15/2019SenateFiled with Secretary by Sen. Heather A. Steans
  2/15/2019SenateFirst Reading
  2/15/2019SenateReferred to Assignments
  2/27/2019SenateAssigned to Financial Institutions
  3/5/2019SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Heather A. Steans
  3/5/2019SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/6/2019SenateSenate Committee Amendment No. 1 Assignments Refers to Financial Institutions
  3/11/2019SenateChief Sponsor Changed to Sen. Toi W. Hutchinson
  3/20/2019SenateSenate Committee Amendment No. 1 Adopted
  3/20/2019SenateDo Pass as Amended Financial Institutions; 007-000-000
  3/20/2019SenatePlaced on Calendar Order of 2nd Reading March 21, 2019
  3/26/2019SenateSecond Reading
  3/26/2019SenatePlaced on Calendar Order of 3rd Reading March 27, 2019
  4/4/2019SenateAdded as Chief Co-Sponsor Sen. Napoleon Harris, III
  4/4/2019SenateAdded as Co-Sponsor Sen. Mattie Hunter
  4/4/2019SenateThird Reading - Passed; 050-000-000
  4/4/2019HouseArrived in House
  4/4/2019HouseChief House Sponsor Rep. Kelly M. Cassidy
  4/4/2019HouseFirst Reading
  4/4/2019HouseReferred to Rules Committee
  4/24/2019HouseAssigned to Judiciary - Criminal Committee
  5/7/2019HouseAdded Alternate Co-Sponsor Rep. Justin Slaughter
  5/7/2019HouseAlternate Chief Sponsor Changed to Rep. Jehan Gordon-Booth
  5/10/2019HouseRule 19(a) / Re-referred to Rules Committee
  5/28/2019HouseAssigned to Judiciary - Criminal Committee
  5/28/2019HouseFinal Action Deadline Extended-9(b) May 31, 2019
  5/28/2019HouseMotion Filed to Suspend Rule 21 Judiciary - Criminal Committee; Rep. Kathleen Willis
  5/28/2019HouseMotion to Suspend Rule 21 - Prevailed
  5/29/2019HouseDo Pass / Short Debate Judiciary - Criminal Committee; 012-007-000
  5/29/2019HousePlaced on Calendar 2nd Reading - Short Debate
  5/29/2019HouseSecond Reading - Short Debate
  5/29/2019HouseHeld on Calendar Order of Second Reading - Short Debate
  5/30/2019HouseAlternate Chief Sponsor Changed to Rep. Bob Morgan
  5/31/2019HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Bob Morgan
  5/31/2019HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  5/31/2019HouseAdded Alternate Chief Co-Sponsor Rep. Kelly M. Cassidy
  5/31/2019HouseAdded Alternate Chief Co-Sponsor Rep. Jim Durkin
  5/31/2019HouseAdded Alternate Chief Co-Sponsor Rep. Jehan Gordon-Booth
  5/31/2019HouseAdded Alternate Co-Sponsor Rep. Katie Stuart
  5/31/2019HouseAdded Alternate Co-Sponsor Rep. Natalie A. Manley
  5/31/2019HouseAdded Alternate Co-Sponsor Rep. Ann M. Williams
  5/31/2019HouseAdded Alternate Co-Sponsor Rep. Deb Conroy
  5/31/2019HouseAdded Alternate Co-Sponsor Rep. Jeff Keicher
  5/31/2019HouseAdded Alternate Co-Sponsor Rep. Tim Butler
  5/31/2019HouseAdded Alternate Co-Sponsor Rep. Norine K. Hammond
  5/31/2019SenateChief Sponsor Changed to Sen. Laura Fine
  5/31/2019SenateAdded as Chief Co-Sponsor Sen. Don Harmon
  5/31/2019SenateAdded as Co-Sponsor Sen. Robert Peters
  5/31/2019SenateAdded as Co-Sponsor Sen. Ann Gillespie
  5/31/2019SenateAdded as Co-Sponsor Sen. Toi W. Hutchinson
  5/31/2019SenateAdded as Chief Co-Sponsor Sen. Linda Holmes
  5/31/2019SenateAdded as Co-Sponsor Sen. Antonio Muñoz
  5/31/2019SenateAdded as Co-Sponsor Sen. Laura M. Murphy
  5/31/2019HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Bob Morgan
  5/31/2019HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  5/31/2019SenateAdded as Co-Sponsor Sen. Rachelle Crowe
  5/31/2019SenateAdded as Co-Sponsor Sen. Christopher Belt
  5/31/2019SenateAdded as Co-Sponsor Sen. Jason A. Barickman
  5/31/2019SenateAdded as Co-Sponsor Sen. Neil Anderson
  5/31/2019SenateSponsor Removed Sen. Napoleon Harris, III
  5/31/2019HouseFinal Action Deadline Extended-9(b) June 30, 2019
  6/1/2019SenateAdded as Co-Sponsor Sen. Ram Villivalam
  6/1/2019HouseHouse Floor Amendment No. 1 Rules Refers to Human Services Committee
  6/1/2019HouseHouse Floor Amendment No. 2 Rules Refers to Human Services Committee
  6/1/2019HouseAdded Alternate Co-Sponsor Rep. Jonathan Carroll
  6/1/2019HouseAdded Alternate Co-Sponsor Rep. John Connor
  6/1/2019HouseAdded Alternate Co-Sponsor Rep. Michael Halpin
  6/1/2019HouseAdded Alternate Co-Sponsor Rep. Monica Bristow
  6/1/2019HouseAdded Alternate Co-Sponsor Rep. Frances Ann Hurley
  6/1/2019HouseAdded Alternate Co-Sponsor Rep. Barbara Hernandez
  6/1/2019HouseAdded Alternate Co-Sponsor Rep. Sam Yingling
  6/1/2019HouseAdded Alternate Co-Sponsor Rep. Robert Martwick
  6/1/2019HouseAdded Alternate Chief Co-Sponsor Rep. Sonya M. Harper
  6/1/2019HouseHouse Floor Amendment No. 1 Recommends Be Adopted Human Services Committee; 012-001-000
  6/1/2019HouseHouse Floor Amendment No. 2 Recommends Be Adopted Human Services Committee; 017-000-000
  6/1/2019HouseHouse Floor Amendment No. 1 Adopted
  6/1/2019HouseHouse Floor Amendment No. 2 Adopted
  6/1/2019HousePlaced on Calendar Order of 3rd Reading - Short Debate
  6/1/2019House3/5 Vote Required
  6/1/2019HouseThird Reading - Short Debate - Passed 098-003-001
  6/1/2019HouseAdded Alternate Co-Sponsor Rep. Camille Y. Lilly
  6/1/2019HouseAdded Alternate Co-Sponsor Rep. Lamont J. Robinson, Jr.
  6/1/2019HouseAdded Alternate Co-Sponsor Rep. David A. Welter
  6/2/2019SenateSecretary's Desk - Concurrence House Amendment(s) 1, 2
  6/2/2019SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1, 2 - June 2, 2019
  6/2/2019SenateHouse Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. Laura Fine
  6/2/2019SenateHouse Floor Amendment No. 1 Motion to Concur Referred to Assignments
  6/2/2019SenateHouse Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. Laura Fine
  6/2/2019SenateHouse Floor Amendment No. 2 Motion to Concur Referred to Assignments
  6/2/2019SenateHouse Floor Amendment No. 1 Motion to Concur Be Approved for Consideration Assignments
  6/2/2019SenateHouse Floor Amendment No. 2 Motion to Concur Be Approved for Consideration Assignments
  6/2/2019SenateAdded as Chief Co-Sponsor Sen. Cristina Castro
  6/2/2019Senate3/5 Vote Required
  6/2/2019SenateHouse Floor Amendment No. 1 Senate Concurs 052-002-000
  6/2/2019SenateHouse Floor Amendment No. 2 Senate Concurs 052-002-000
  6/2/2019SenateSenate Concurs
  6/2/2019SenatePassed Both Houses
  6/12/2019SenateSent to the Governor
  8/9/2019SenateGovernor Approved
  8/9/2019SenateEffective Date August 9, 2019
  8/9/2019SenatePublic Act . . . . . . . . . 101-0363

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