Bill Text: IL HB0123 | 2019-2020 | 101st General Assembly | Engrossed

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Bill Title: Amends the Tobacco Products Tax Act of 1995. Provides that specified components of an "electronic cigarette" do not include any solution or substance that contains cannabis subject to tax under the Compassionate Use of Medical Cannabis Program Act or the Cannabis Cultivation Privilege Tax Law. Amends the Civic Center Code, Flood Prevention District Act, Metro-East Park and Recreation District Act, Local Mass Transit District Act, Regional Transportation Authority Act, and Water Commission Act of 1985. Provides that, notwithstanding any other provision of law, no tax may be imposed under specified provisions on the sale or use of cannabis. Amends the Compassionate Use of Medical Cannabis Program Act. Removes language providing that it is a Class B misdemeanor with a $1,000 fine for any person to breach the confidentiality of information obtained under the Act and instead requires each State department responsible for licensure under the Act to publish on its website specified ownership information of each cannabis business establishment licensed under the department's jurisdiction. Makes other changes. Amends the Cannabis Regulation and Tax Act. Allows specified medical cannabis dispensing organizations to change locations under specified circumstances. Sets forth provisions regarding the method of distribution of licenses when tied applicants exist in a BLS Region. Defines "tied applicant". Provides that, notwithstanding any other provision of law, no special district may levy a tax upon the cultivation and processing of cannabis or upon purchasers for the use of cannabis. Provides that specified agents may begin employment at specified entities while the agents' identification card applications are pending. Makes other changes. Amends the Illinois Vehicle Code. Provides that containers used to store cannabis in a motor vehicle upon a highway in this State must be secured and inaccessible and must be sealed or resealable (currently, only sealed). Effective immediately.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Engrossed - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB0123 Detail]

Download: Illinois-2019-HB0123-Engrossed.html

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AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Health Facilities Planning Act is
amended by changing Sections 6 and 8.5 as follows:
(20 ILCS 3960/6) (from Ch. 111 1/2, par. 1156)
(Section scheduled to be repealed on December 31, 2029)
Sec. 6. Application for permit or exemption; exemption
regulations.
(a) An application for a permit or exemption shall be made
to the State Board upon forms provided by the State Board. This
application shall contain such information as the State Board
deems necessary. The State Board shall not require an applicant
to file a Letter of Intent before an application is filed. Such
application shall include affirmative evidence on which the
State Board or Chairman may make its decision on the approval
or denial of the permit or exemption.
(b) The State Board shall establish by regulation the
procedures and requirements regarding issuance of exemptions.
An exemption shall be approved when information required by the
Board by rule is submitted. Projects eligible for an exemption,
rather than a permit, include, but are not limited to, change
of ownership of a health care facility, discontinuation of a

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category of service, and discontinuation of a health care
facility, other than a health care facility maintained by the
State or any agency or department thereof or a nursing home
maintained by a county. For a change of ownership of a health
care facility between related persons, the State Board shall
provide by rule for an expedited process for obtaining an
exemption in accordance with Section 8.5 of this Act.
(c) All applications shall be signed by the applicant and
shall be verified by any 2 officers thereof.
(c-5) Any written review or findings of the Board staff
concerning an application for a permit must be made available
to the public at least 14 calendar days before the meeting of
the State Board at which the review or findings are considered.
The applicant and members of the public may submit, to the
State Board, written responses regarding the facts set forth in
the review or findings of the Board staff. Members of the
public shall have until 10 days before the meeting of the State
Board to submit any written response concerning the Board
staff's written review or findings. The Board staff may revise
any findings to address corrections of factual errors cited in
the public response. At the meeting, the State Board may, in
its discretion, permit the submission of other additional
written materials.
(d) Upon receipt of an application for a permit, the State
Board shall approve and authorize the issuance of a permit if
it finds (1) that the applicant is fit, willing, and able to

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provide a proper standard of health care service for the
community with particular regard to the qualification,
background and character of the applicant, (2) that economic
feasibility is demonstrated in terms of effect on the existing
and projected operating budget of the applicant and of the
health care facility; in terms of the applicant's ability to
establish and operate such facility in accordance with
licensure regulations promulgated under pertinent state laws;
and in terms of the projected impact on the total health care
expenditures in the facility and community, (3) that safeguards
are provided that assure that the establishment, construction
or modification of the health care facility or acquisition of
major medical equipment is consistent with the public interest,
and (4) that the proposed project is consistent with the
orderly and economic development of such facilities and
equipment and is in accord with standards, criteria, or plans
of need adopted and approved pursuant to the provisions of
Section 12 of this Act.
(Source: P.A. 99-154, eff. 7-28-15; 100-518, eff. 6-1-18;
100-681, eff. 8-3-18.)
(20 ILCS 3960/8.5)
(Section scheduled to be repealed on December 31, 2029)
Sec. 8.5. Certificate of exemption for change of ownership
of a health care facility; discontinuation of a health care
facility or category of service; public notice and public

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hearing.
(a) Upon a finding that an application for a change of
ownership is complete, the State Board shall publish a legal
notice on 3 consecutive days one day in a newspaper of general
circulation in the area or community to be affected and afford
the public an opportunity to request a hearing. If the
application is for a facility located in a Metropolitan
Statistical Area, an additional legal notice shall be published
in a newspaper of limited circulation, if one exists, in the
area in which the facility is located. If the newspaper of
limited circulation is published on a daily basis, the
additional legal notice shall be published on 3 consecutive
days one day. The applicant shall pay the cost incurred by the
Board in publishing the change of ownership notice in
newspapers as required under this subsection. The legal notice
shall also be posted on the Health Facilities and Services
Review Board's web site and sent to the State Representative
and State Senator of the district in which the health care
facility is located. An application for change of ownership of
a hospital shall not be deemed complete without a signed
certification that for a period of 2 years after the change of
ownership transaction is effective, the hospital will not adopt
a charity care policy that is more restrictive than the policy
in effect during the year prior to the transaction. An
application for a change of ownership need not contain signed
transaction documents so long as it includes the following key

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terms of the transaction: names and background of the parties;
structure of the transaction; the person who will be the
licensed or certified entity after the transaction; the
ownership or membership interests in such licensed or certified
entity both prior to and after the transaction; fair market
value of assets to be transferred; and the purchase price or
other form of consideration to be provided for those assets.
The issuance of the certificate of exemption shall be
contingent upon the applicant submitting a statement to the
Board within 90 days after the closing date of the transaction,
or such longer period as provided by the Board, certifying that
the change of ownership has been completed in accordance with
the key terms contained in the application. If such key terms
of the transaction change, a new application shall be required.
Where a change of ownership is among related persons, and
there are no other changes being proposed at the health care
facility that would otherwise require a permit or exemption
under this Act, the applicant shall submit an application
consisting of a standard notice in a form set forth by the
Board briefly explaining the reasons for the proposed change of
ownership. Once such an application is submitted to the Board
and reviewed by the Board staff, the Board Chair shall take
action on an application for an exemption for a change of
ownership among related persons within 45 days after the
application has been deemed complete, provided the application
meets the applicable standards under this Section. If the Board

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Chair has a conflict of interest or for other good cause, the
Chair may request review by the Board. Notwithstanding any
other provision of this Act, for purposes of this Section, a
change of ownership among related persons means a transaction
where the parties to the transaction are under common control
or ownership before and after the transaction is completed.
Nothing in this Act shall be construed as authorizing the
Board to impose any conditions, obligations, or limitations,
other than those required by this Section, with respect to the
issuance of an exemption for a change of ownership, including,
but not limited to, the time period before which a subsequent
change of ownership of the health care facility could be
sought, or the commitment to continue to offer for a specified
time period any services currently offered by the health care
facility.
(a-3) (Blank). Upon a finding that an application to close
a health care facility is complete, the State Board shall
publish a legal notice on 3 consecutive days in a newspaper of
general circulation in the area or community to be affected and
afford the public an opportunity to request a hearing. If the
application is for a facility located in a Metropolitan
Statistical Area, an additional legal notice shall be published
in a newspaper of limited circulation, if one exists, in the
area in which the facility is located. If the newspaper of
limited circulation is published on a daily basis, the
additional legal notice shall be published on 3 consecutive

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days. The legal notice shall also be posted on the Health
Facilities and Services Review Board's web site and sent to the
State Representative and State Senator of the district in which
the health care facility is located. In addition, the health
care facility shall provide notice of closure to the local
media that the health care facility would routinely notify
about facility events. No later than 90 days after a
discontinuation of a health facility, the applicant must submit
a statement to the State Board certifying that the
discontinuation is complete.
(a-5) (Blank). Upon a finding that an application to
discontinue a category of service is complete and provides the
requested information, as specified by the State Board, an
exemption shall be issued. No later than 30 days after the
issuance of the exemption, the health care facility must give
written notice of the discontinuation of the category of
service to the State Senator and State Representative serving
the legislative district in which the health care facility is
located. No later than 90 days after a discontinuation of a
category of service, the applicant must submit a statement to
the State Board certifying that the discontinuation is
complete.
(a-6) Notwithstanding any decision of the Board or
provision to the contrary, the Governor is authorized to
reverse a decision of the Board regarding an application for an
exemption submitted under this Act. If there is a pending

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lawsuit on the closure of a health care facility for which an
application for an exemption is under review, the Board shall
suspend any pending action involving that application until the
resolution of the lawsuit. The changes made by this amendatory
Act of the 101st General Assembly shall apply to all
applications pending before the Board on and after the
effective date of this amendatory Act of the 101st General
Assembly in which no final action has been taken by the Board.
(b) If a public hearing is requested, it shall be held at
least 15 days but no more than 30 days after the date of
publication of the legal notice in the community in which the
facility is located. The hearing shall be held in the affected
area or community in a place of reasonable size and
accessibility and a full and complete written transcript of the
proceedings shall be made. All interested persons attending the
hearing shall be given a reasonable opportunity to present
their positions in writing or orally. The applicant shall
provide a summary of the proposed change of ownership proposal
for distribution at the public hearing.
(c) For the purposes of this Section "newspaper of limited
circulation" means a newspaper intended to serve a particular
or defined population of a specific geographic area within a
Metropolitan Statistical Area such as a municipality, town,
village, township, or community area, but does not include
publications of professional and trade associations.
(Source: P.A. 99-154, eff. 7-28-15; 99-527, eff. 1-1-17;

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99-551, eff. 7-15-16; 100-201, eff. 8-18-17.)