HB902 - Cannabis Legalization

(Ammons - D)

Creates the Cannabis Legalization Equity Act. Provides that notwithstanding any other provision of law, except as otherwise provided in the Act, the following acts are lawful and shall not be a criminal or civil offense under State law or the law of any political subdivision of this State or be a basis for seizure or forfeiture of assets under State law for persons 21 years of age or older: (1) possessing, consuming, using, displaying, purchasing, or transporting cannabis accessories; (2) possessing, growing, processing, or transporting on one's own premises no more than 24 mature cannabis plants and possession of the cannabis produced by the plants on the premises where the plants were grown; (3) possessing outside one's premises no more than 224 grams of cannabis; and (4) assisting another person who is 21 years of age or older in any of the acts described in items (1) through (3). Provides that an excise tax is imposed at the rate of 10% of the sale price of the sale or transfer of cannabis from a cannabis cultivation facility to a retail cannabis store or cannabis product manufacturing facility. Provides that at least 51% of the licenses issued by the Department of Agriculture for cannabis cultivation facilities and at least 51% of the licenses issued by the Department of Financial and Professional Regulation for retail cannabis stores shall be in communities disproportionately harmed by the war on drugs. Amends various other Acts to make conforming changes. Effective immediately.

House Committee Amendment 1-FILED

In the Cannabis Legalization Equity Act, adds definitions of "cannabis delivery service", "canopy space", and "onsite cannabis consumption facility". Provides that an onsite cannabis consumption facility is a public or private venue where onsite cannabis consumption, including smoking and vaping, eating, and topically applying cannabis is permitted. Creates Type 1, Type 1A, 1B, 2, 2A, 2B, 3, 3A, 3B, 4, 4A, 4B, and 5 cannabis cultivation facility licenses. Provides the type of lighting and square footage of those facilities. Provides that a Type 1, Type 1A, 1B, 2, 2A, 2B, 3, 3A, 3B, 4, 4A, or 4B cannabis cultivation facility licensee may apply to the Department of Agriculture for issuance of an onsite cannabis consumption facility license. Provides that a limited amount of Type 4, 4A, and 4B licenses shall be issued by the Department as established by Department rule. Decreases from 30% to 20% the amount of proceeds to be distributed from the cannabis excise tax to the Common School Fund and provides that 10% of the proceeds shall be distributed to the Cannabis Equity Commission. Creates the Cannabis Equity Commission to encourage and enforce equity participation, enforce community benefits agreements with cannabis businesses, ensure equity participants are not placeholders, create and develop cannabis apprenticeship programs, create cannabis zones, marketplaces, and entertainment districts to oversee low interest loans to for equity participants in the regulated cannabis industry, and to approve or deny licenses for cannabis cultivation facilities and retail cannabis stores. Provides that the Department of Agriculture and the Department of Financial and Professional Regulation shall upon receipt of applications for the licensing of cannabis cultivation facilities and retail cannabis stores, respectively, submit copies of those applications to the Cannabis Equity Commission for approval or denial. Provides that if within 180 days of the receipt of a license application, the Cannabis Equity Commission denies the application, it shall not be issued. Provides that if the Cannabis Equity Commission does not approve or deny an application within that 180 day period, the application shall be deemed to have been approved by the Cannabis Equity Commission and shall be issued by the respective licensing Department. Provides that an applicant who is denied approval of his or her license application by the Cannabis Equity Commission may appeal that decision to the circuit court under the Administrative Review Law. Provides that at least 51% of the cannabis cultivation facilities that are issued licenses by the Department of Agriculture shall be owned and operated by minorities and at least 51% of the retail cannabis stores that are issued licenses by the Department of Financial and Professional Regulation shall be owned and operated by minorities (rather than located in communities disproportionately harmed by the war on drugs). Amends the Compassionate Use of Medical Cannabis Pilot Program Act to change the title of the Act to the Compassionate Use of Medical Cannabis Program Act. Eliminates the provision of the Opioid Alternative Pilot Program that makes the Program inoperative on and after July 1, 2020. Deletes "Pilot" from references to the Compassionate Use of Medical Cannabis Program Act and from the Opioid Alternative Program. Amends various Acts to make conforming changes.

 

Last Action 3/12/2019 House Assigned to Judiciary-Criminal Committee-Hearing 3/26/2019

HB1439 - Liquor-Home Delivery

(Feigenholtz - D)

Position: OPPOSE

Amends the Liquor Control Act of 1934. Creates a third-party facilitator license. Establishes licensing fees, recordkeeping requirements, reporting requirements, and other requirements for a third-party facilitator licensee. Provides that a retailer may deliver alcoholic liquors to the home or other designated location of a consumer in this State if specified conditions are met, including verifying that the individual accepting the delivery is at least 21 years of age. Provides that a retailer may use the services of a third-party facilitator by means of the Internet or mobile application to facilitate the sale of alcoholic liquors to be delivered to the home or other designated location of a consumer in this State if specified conditions are met, including verifying that the individual accepting the delivery is at least 21 years of age. Provides that the Illinois Liquor Control Commission may not treat a violation of those conditions as a violation by the retailer. Preempts home rule powers. Makes conforming changes. Effective immediately.

 

Last Action 2/5/2019 House Assigned to Executive Committee

HB2079 - Revenue-Vendor

(Guzzardi - D)

Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, the Cigarette Tax Act, the Cigarette Use Tax Act, the Hotel Operators' Occupation Tax Act, the Motor Fuel Tax Law, the Telecommunications Excise Tax Act, and the Liquor Control Act of 1934. Provides that the vendor discount amount under those Acts shall be 1.75%. Provides that the vendor discount may not exceed $1,000 per vendor in any calendar year. Effective immediately.

 

Last Action 2/28/2019 House to Sales, Amusement & Other Taxes Subcommittee

Hearing 3/14/2019

HB2577 - Liquor-Bond Requirements

(Zalewski - D)

Amends the Liquor Control Act of 1934. Excludes manufacturers and importing distributors that in the preceding year had less than $50,000 of tax liability under the Taxation of Liquor Article from a provision requiring manufacturers and importing distributors to file a specified bond with the Department of Revenue. Effective January 1, 2020.

 

Last Action 3/21/2019 House Placed on Calendar 2nd Reading 

HB2651 - Recycling-Beverage Container

(Ramirez - D)

Creates the Illinois Container Fee and Deposit Act. Provides for a deposit value of 5 cents to be paid by consumers on each beverage container sold in the State by a dealer for consumption. Provides that upon the return to a dealer or person operating a redemption center, the dealer or redemption center shall pay the value of the deposit back to the consumer as a refund. Sets forth requirements for the administration of the program. Provides certain exemptions to the program. Requires that the refund value be clearly indicated on all beverage containers sold in the State. Provides for the Environmental Protection Agency to certify redemption centers. Prohibits snap-top beverage containers. Provides that persons violating the Act shall be guilty of a Class C misdemeanor. Prohibits the manufacture of certain plastic metal beverage containers. Prohibits the disposal of beverage containers at sanitary landfills. Provides that deposits not passed on to the consumer through bottle redemption shall be distributed as follows: 75% to the Agency for environmental and conservation-related programs, and 25% to each distributor in proportion to the amount of beverage containers each distributor sold in the State. Amends the State Finance Act to create the Illinois Container Fee and Deposit Fund.

 

Last Action 2/26/2019 House Assigned to Energy & Environment Committee-Hearing 3/26/2019

HB2674 - Liquor-Craft Distiller

(Zalewski - D)

Position: OPPOSE

Amends the Liquor Control Act of 1934. Provides that a craft distiller license and a craft distiller tasting permit license shall allow the sale and offering for sale at retail for use and consumption on the premises specified in the license any form of alcoholic liquor purchased from a licensed distributor or importing distributor. Provides that a craft distiller tasting permit license allows the licensee to sell and offer for sale at retail, but not for resale in any form, up to 5,000 gallons of transferred alcoholic liquor to the extent approved by the Illinois Liquor Control Commission. Provides that upon approval from the State Commission, a craft distiller tasting permit license shall allow the licensee to sell and offer for sale at (i) the craft distiller's licensed premises and (ii) at up to 2 additional locations for use and consumption and not for resale. Provides that certain craft distillers may sell up to 10,000 gallons (instead of 2,500 gallons) of spirits to non-licensees. Creates a craft distiller warehouse permit. Provides that a craft distiller warehouse permit license may be issued to the holder of a craft distiller tasting permit license and shall allow the holder to store or warehouse up to 500,000 gallons of spirits manufactured by the holder of the permit. Establishes fees for a craft distiller warehouse permit. Makes other changes.

 

House Committee Amendment 1-FILED

Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Removes a provision providing that if a craft distiller that holds a self-distribution exemption enters into a distribution agreement, the distribution rights of that exemption holder shall cease in a reasonable time not to exceed 60 days. Removes a provision allowing a craft distiller licensee to sell and offer for sale at retail for use and consumption on the premises any form of alcoholic liquor purchased from a distributor. Changes the name of the "craft distiller tasting permit" to "craft distiller premises permit" and makes conforming changes. Provides that a craft distiller premises permit shall allow a holder to sell and offer for sale at retail up to 10,000 gallons (instead of 5,000 gallons) of transferred alcoholic liquor. Provides that each location of a craft distiller premises permit licensee shall require additional licensing and establishes licensing fees for those locations. Removes a provision authorizing craft distiller tasting permit licensees to conduct product sampling. Makes other changes.

 

Last Action 3/6/2019 House to Sales, Amusement & Other Taxes Subcommittee

HB2675 - Liquor-Distiller Pubs

(Zalewski - D)

Position: OPPOSE

Amends the Liquor Control Act of 1934. Establishes a distiller pub license. Provides that a distiller pub license shall allow the licensee to only (i) manufacture up to 5,000 gallons of spirits per year only on the premises specified in the license, (ii) make sales of the spirits manufactured on the premises, (iii) store the spirits upon the premises, (iv) sell and offer for sale at retail from the licensed premises for off-premises consumption no more than 5,000 gallons per year so long as such sales are only made in-person, (v) sell and offer for sale at retail for use and consumption on the premises specified in the license any form of alcoholic liquor purchased from a licensed distributor or importing distributor, and (vi) with the prior approval of the Illinois Liquor Control Commission, annually transfer no more than 5,000 gallons of spirits manufactured on the premises to a licensed distiller pub wholly owned and operated by the same licensee. Prohibits a distiller pub licensee from selling spirits manufactured by the licensee to retail licensees. Establishes fees for a distiller pub license. Provides that a craft distiller licensee may simultaneously hold a distiller pub license if certain requirements are met. Authorizes a craft distiller to transfer spirits to a wholly owned distiller pub if specified requirements are met. Makes conforming changes.

 

Last Action 3/6/2019 House to Sales, Amusement & Other Taxes Subcommittee

HB2980 - Banking-Cannabis Businesses

(Cassidy - D)

Position: MONITOR

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.

 

House Committee Amendment 1-FILED

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.

 

Last Action 3/13/2019 House Re-assigned to Judiciary-Criminal Committee-Hearing 3/26/2019

HB3126 - Liquor-Raffle Violations

(Meier -R)

Amends the Liquor Control Act of 1934. Provides that a violation of a provision of the Raffles and Poker Runs Act concerning local regulation of raffles is not grounds for the denial, suspension, or revocation of a license under the Liquor Control Act of 1934. Effective immediately.

 

Last Action 3/5/2019 House Assigned to Executive Committee

HB3604 - Liquor-Local Referendum Exempt

(Tarver - D)

Amends the Liquor Control Act of 1934. Provides that a vote to prohibit sales at retail of alcoholic liquor (or alcoholic liquor other than beer containing not more than 4% of alcohol by weight or alcoholic liquor containing more than 4% alcohol by weight in the original package and not for consumption on the premises) in a precinct in a city, village, or incorporated town of more than 200,000 inhabitants shall not apply to retail sales of alcoholic liquor by a specific private institution of higher learning or an affiliate thereof.

 

Last Action 3/5/2019 House Assigned to Executive Committee-Hearing 3/27/2019

HB3610 - Liquor-Brew Pubs

(Guzzardi - D)

Position: UNDER REVIEW

Amends the Liquor Control Act of 1934. Provides that a brew pub license shall allow the licensee to manufacture up to 155,000 gallons of beer per year through a written agreement with a brewer, class 1 brewer, class 2 brewer, or brew pub and to make sales of the beer manufactured through a written agreement with a brewer, class 1 brewer, class 2 brewer, or brew pub. Provides that brew pubs wholly owned and operated by the same licensee may combine each location's production limit of 155,000 gallons of beer per year and allocate the aggregate total between the wholly owned, operated, and licensed locations. Effective immediately.

 

House Committee Amendment 1-FILED

Replaces everything after the enacting clause. Amends the Liquor Control Act of 1934. Provides that brew pubs wholly owned and operated by the same licensee may combine each location's production limit of 155,000 gallons of beer per year and allocate the aggregate total between the wholly owned, operated, and licensed locations. Effective immediately.

 

Last Action 3/5/2019 House Assigned to Executive Committee-Hearing 3/20/2019

HB3625 - Liquor Control-Peace Officers

(Zalewski - D)

Amends the Liquor Control Act of 1934. Provides that investigators of the Liquor Control Commission are peace officers with jurisdiction, including arrest powers, throughout the State. Provides that no investigator shall exercise the powers of a peace officer until he or she has qualified as a peace officer according to the requirements set by the Illinois Law Enforcement Training Standards Board. Requires the Executive Director of the Liquor Control Commission to authorize each investigator and to issue a distinctive badge and identification. Provides that where an investigation has revealed a violation of the Act, the Commission may also issue a cease and desist notice or file a complaint with the Attorney General (currently, the Commission can only inform the local liquor authority or file a complaint with the State's Attorney).

 

Last Action 3/5/2019 House Assigned to Executive Committee

SB54 - Liquor-Home Delivery

(Harmon - D)

Position: OPPOSED 

Amends the Liquor Control Act of 1934. Creates a third-party facilitator license. Establishes licensing fees, recordkeeping requirements, reporting requirements, and other requirements for a third-party facilitator licensee. Provides that a retailer may deliver alcoholic liquors to the home or other designated location of a consumer in this State if specified conditions are met, including verifying that the individual accepting the delivery is at least 21 years of age. Provides that a retailer may use the services of a third-party facilitator by means of the Internet or mobile application to facilitate the sale of alcoholic liquors to be delivered to the home or other designated location of a consumer in this State if specified conditions are met, including verifying that the individual accepting the delivery is at least 21 years of age. Provides that the Illinois Liquor Control Commission may not treat a violation of those conditions as a violation by the retailer. Preempts home rule powers. Makes conforming changes. Effective immediately.

 

Last Action 3/13/2019 Senate Placed on Calendar Order of 2nd Reading 

SB1132 - Revenue-Vendor

(Aquino - D)

Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, the Cigarette Tax Act, the Cigarette Use Tax Act, the Hotel Operators' Occupation Tax Act, the Motor Fuel Tax Law, the Telecommunications Excise Tax Act, and the Liquor Control Act of 1934. Provides that the vendor discount amount under those Acts shall be 1.75%. Provides that the vendor discount may not exceed $1,000 per vendor in any calendar year. Effective immediately.

 

Last Action 3/13/2019 Senate Postponed - Revenue

SB1166 - License-Remove Citizenship Req

(Martinez - D)

Amends the Civil Administrative Code of Illinois. Provides that, except as otherwise provided by law, no department shall deny an occupational or professional license based solely on the applicant's citizenship status or immigration status. Amends the Illinois Explosives Act to allow a person admitted for permanent residence to qualify for licensure. Amends the Illinois Plumbing License Law, the Water Well and Pump Installation Contractor's License Act, the Illinois Horse Meat Act, the Liquor Control Act of 1934, and the Safety Deposit License Act to remove references to United States citizenship as a prerequisite for licensure. Amends the Coal Mining Act to remove references to United States citizenship as a prerequisite and references to the ability to speak and understand the American Language. Makes other changes.

 

Senate Committee Amendment 1-ADOPTED

Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. In the Illinois Explosives Act, allows a person lawfully admitted for permanent residence (rather than a person admitted for permanent residence) to qualify for licensure. In the Coal Mining Act, restores references to United States citizenship and adds references to persons lawfully admitted for permanent residence. Adds an immediate effective date.

 

Last Action 3/13/2019 Senate Placed on Calendar Order of 2nd Reading 

SB1190 - Liquor-Craft Distillers

(Link - D)

Position: SUPPORT

Amends the Liquor Control Act of 1934. Provides that a craft distiller may make sales and deliveries of up to 2,500 gallons of spirits to retail licensees per year. Provides that the aggregate amount of spirits sold to non-licensees and sold or delivered to retail licensees may not exceed 2,500 gallons. Provides that a craft distiller or a non-resident dealer who manufactures less than 100,000 gallons of distilled spirits per year may make application to the Illinois Liquor Control Commission for a self-distribution exemption. Provides requirements that a craft distiller or non-resident dealer who manufactures less than 100,000 gallons of distilled spirits per year must meet to be granted a self-distribution exemption. Provides that if any provision of the Act, or its application to any person or circumstance, is determined by a court of competent jurisdiction to be unconstitutional, the remaining provisions shall be construed in accordance with the intent of the General Assembly to further limit rather than expand commerce in alcoholic liquor. Makes other changes. Effective immediately.

 

Last Action 2/21/2019 Senate Postponed-Executive-Hearing 3/20/2019

SB1672 - Liquor-Craft Distiller

(Martinez - D)

Position: OPPOSED

Amends the Liquor Control Act of 1934. Provides that a craft distiller license and a craft distiller tasting permit license shall allow the sale and offering for sale at retail for use and consumption on the premises specified in the license any form of alcoholic liquor purchased from a licensed distributor or importing distributor. Provides that a craft distiller tasting permit license allows the licensee to sell and offer for sale at retail, but not for resale in any form, up to 5,000 gallons of transferred alcoholic liquor to the extent approved by the Illinois Liquor Control Commission. Provides that upon approval from the State Commission, a craft distiller tasting permit license shall allow the licensee to sell and offer for sale at (i) the craft distiller's licensed premises and (ii) at up to 2 additional locations for use and consumption and not for resale. Provides that certain craft distillers may sell up to 10,000 gallons (instead of 2,500 gallons) of spirits to non-licensees. Creates a craft distiller warehouse permit. Provides that a craft distiller warehouse permit license may be issued to the holder of a craft distiller tasting permit license and shall allow the holder to store or warehouse up to 500,000 gallons of spirits manufactured by the holder of the permit. Establishes fees for a craft distiller warehouse permit. Makes other changes.

 

Senate Committee Amendment 1-FILED

Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Removes a provision providing that if a craft distiller that holds a self-distribution exemption enters into a distribution agreement, the distribution rights of that exemption holder shall cease in a reasonable time not to exceed 60 days. Removes a provision allowing a craft distiller licensee to sell and offer for sale at retail for use and consumption on the premises any form of alcoholic liquor purchased from a distributor. Changes the name of the "craft distiller tasting permit" to "craft distiller premises permit" and makes conforming changes. Provides that a craft distiller premises permit shall allow a holder to sell and offer for sale at retail up to 10,000 gallons (instead of 5,000 gallons) of transferred alcoholic liquor. Provides that each location of a craft distiller premises permit licensee shall require additional licensing and establishes licensing fees for those locations. Removes a provision authorizing craft distiller tasting permit licensees to conduct product sampling. Makes other changes.

 

Last Action 3/12/2019 Senate Assigned to Executive-Hearing 3/20/2019

SB1831 - Liquor-Various

(Munoz - D)

Amends the Liquor Control Act of 1934. Provides that the definition of "beer" includes beverages brewed or fermented wholly or in part from malt products. Provides that a caterer retailer license shall allow the holder, a distributor, or an importing distributor to transfer any inventory to and from the holder's retail premises and to purchase alcoholic liquor from a distributor or importing distributor to be delivered directly to an off-site event. Provides that a special use permit license shall allow the holder to purchase alcoholic liquor from a distributor or importing distributor to be delivered directly to the location specified in the special use permit license. Provides that a special use permit license shall allow the holder, a distributor, or an importing distributor to transfer any inventory from the premises specified in the special use permit license to its retail premises. Provides that, if certain conditions are met, nothing in the Act prohibits a distributor or importing distributor from offering a credit or a refund for unused, salable beer to a special use permit licensee or a caterer retailer or a special use permit licensee or caterer retailer from accepting the credit or refund. In a provision that allows a manufacturer, distributor, or importing distributor to provide permanent outdoor signs to retailers if certain conditions are met, provides that the permanent outside sign shall cost not more than $3,000 per brand (instead of per manufacturer). Contains provisions concerning the servicing of certain systems by a manufacturer, distributor, or importing distributor. Prohibits a distributor or importing distributor from selling or giving coil cleaning services to certain licensees. Authorizes a manufacturer, distributor, or importing distributor to give, sell, or lease dispensing equipment to specified licensees if certain requirements are met. Makes other changes.

 

Last Action 3/12/2019 Senate Assigned to Executive-Hearing 3/20/2019

SB1832 - Business-Tech

(Munoz - D)

Amends the Beer Industry Fair Dealing Act. Makes a technical change in a Section concerning the short title.

Current Status: 2/15/19 - Referred to Assignments

SB1833 - Liquor-Tech

(Munoz - D)

Amends the Liquor Control Act of 1934. Makes a technical change in a Section concerning the short title.

Current Status: 2/15/19 - Referred to Assignments

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