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4. 2014 Illinois Legislative Updates
MOUNT PROSPECT POLICE DEPARTMENT FORMAL MEMORANDUM CHF 13 -94 CON'IRO[, NUMBER TO: CHIEF MICHAEL SEMKIU FROM: SERGEANT TIMOTHY � SUBJECT: 2014 ILLINOIS LEGISLATIVE UPDATES DATE: DECEMBER 4, 2013 As you know, in 2014 Illinois is facing several new pieces of legislation and statutory amendments that will significantly affect Illinois law enforcement agencies. Per your request, I have prepared the enclosed informational packet regarding the following new laws and amendments: • Concealed Carry Act • Compassionate Use of Medical Cannabis Pilot Program Act • Temporary Visitor's Driver's Licenses • The Prevention of Tobacco Use by Minors Act (Electronic Cigarettes) have also prepared a presentation that I will give to the Village Board on December 10, 2013. The following is brief overview of each piece of legislation and related information. Concealed Carry Act Public Act 98 -0063 takes effect on January 05, 2014 and allows licensed citizens to carry concealed firearms. Details on the Act can be found at the following web link: • http: l/ www. ilga. goyllegislation /publicacts /98 /PDF /098- 0063.pdf In an attempt to learn more about this new law, command staff members have attended several seminars provided by the Illinois Chiefs of Police Association and the Illinois State Police. Additionally, the enclosed brochure was developed by our Crime Prevention Unit to provide public education about this law. Also enclosed is the informational letter regarding the concealed carry law that you drafted on 15 NOV 13. This letter was sent to all of our local schools, day care facilitates, and park districts. Lastly, an article entitled, Gun Control: The Law as it Currently Stands for Municipalities in Illinois has been enclosed for your review. The Mount Prospect Police Department has already met with Mount Prospect Library officials and is scheduling a presentation with the Chamber of Commerce to provide further education on this law. The Department will also be providing training to all of our officers at the upcoming January shift meetings as additional administrative rules and protocols become available from the Illinois State Police. Page 1 of 3 MOUNT PROSPECT POLICE DEPARTMENT I CHF 13 -94 FORMAL MEMORANDUM CONTROL NUMBER Compassionate Use of Medical Cannabis Pilot Program Act Public Act 98 -0122 takes effect on January 01, 2014 and allows for the medicinal use of marijuana to treat debilitating medical conditions. Details on the Act can be found at the following web link: • http: / /www.ii a.gov/ legislation /publicacts /98/PDF/098- 0122_pdf In effort to learn more about this new law, command staff members have attended training seminars provided by the Illinois Chiefs of Police Association and the Illinois State Police. Although the law has been written, administrative rules governing this statute have not been developed and several specific details such as the future locations of cultivation centers and dispensaries are unknown at this time. As additional information is provided by the State, in- service training will be provided to our officers. For your review, I have enclosed lists of "frequently asked questions" from the Illinois Department of Public Health and the Department of Financial and Professional Regulation. Lastly, I have included a press release from the Governor's Press Office regarding this legislation. Illinois Temporary Visitor's Driver's License Program In January 2013, legislation was passed to allow non -visa status individuals (undocumented individuals) who do not qualify for Social Security cards to apply for Temporary Visitor's Driver's Licenses. The Secretary of State just began implementing the program this December and information regarding this program can be found at the following web link (please scroll to the bottom of the link): • http : / /www.cyberdriveiIIinois.com /departments /drivers /drivers license /drlicid.html #tvd I The department has disseminated this information to our officers through roll call trainings. Enclosed for your review are three documents that describe the program, the differences between standard and temporary visitor's driver's licenses, and the required identification documents required to obtain a Temporary Visitor's Driver's License. Also enclosed is a recent Chicago Suntimes article entitled, Illinois Starts Driver's License Test for Undocumented Immigrants Tuesday, for your review. Electronic Cigarettes Public Act 98 -0350 takes effect on January 01, 2014 and amends the Prevention of Tobacco Use by Minors and Sale and Distribution of Tobacco Products Act. This amendment prohibits persons and establishments from selling or giving an "alternative nicotine product" to persons under the age of 18. Electronic cigarettes that contain nicotine qualify under this statute. Information regarding this statute can be found at the following web link: • http: / /www.ilga. qov / leqislation /publicacts /fulltext.asp ?Name= 098 - 0350 &GA =98 Page 2 of 3 MOUNT PROSPECT POLICE DEPARTMENT I CHF 13 -94 FORMAL MEMORANDUM CONTROL NUMBER I have also included a copy of this Act for your review. I would recommend that the Village of Mount Prospect consider passing a local ordinance that mirrors the state statute as well as prohibits the possession of electronic cigarettes (regardless of nicotine content) to minors under the age of 18. Please let me know if you have any questions regarding the legislation discussed in this memorandum or any of the accompanying documents. 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Northwest Highway, Mount Prospect, Illinois 60056 Michael Semkiu Chief of Police November 15, 2013 Fax r r (847) 870 -5656 (847) 392 -1070 On July 9, 2013, Governor Quinn signed into law Public Act 98 -63, also known as the Firearm Concealed Carry Act. Illinois Compiled Statutes 430 ILCS 66, Illinois Concealed Carry Act, allows Illinois residents who comply with the licensing provision of the law the ability to carry a concealed firearm in Illinois. The Act requires applicants to successfully complete 16 hours of firearms training, including classroom and range instruction, as well as a thorough investigation of the applicant by the Illinois State Police. Application for a concealed carry permit will become available January 5, 2014. The Act prohibits the carrying of firearms at specific locations throughout the state. These locations include government buildings, schools, churches, libraries, child care centers and public parks. A detailed list of prohibited locations can be found in Section 65 of the Act. Owners of any of these statutorily prohibited areas or private property, excluding residences, where the owner prohibits the carrying of firearms must clearly and conspicuously post the Illinois State Police approved sign, in accordance with the Firearm Concealed Carry Act, at the entrance of the building, premises or real property. Pursuant to Section 65(d) of the Firearm Concealed Carry Act, the Illinois State Police was responsible for adopting uniform signage for display. The Illinois State Police signage requires a white background; no text or marking within the one -inch area surrounding the graphic design; a depiction of a handgun in black ink with a circle around and diagonal slash across the firearm in red ink; and that the circle be 4 inches in diameter. The sign in its entirety will measure 4 inches x 6 inches. An electronic copy of the sign can be found at, www.isp.state.il.us/firearms/cew/CCWProhibitedAreaSijz It should be noted that the Act does not apply to current peace officers or retired police officers eligible under a federally approved retired officer concealed carry program such as the Illinois Retired Officer Concealed Carry (IROCC) Program. In accordance with the Act, I strongly urge you to post signage at all entry points of your facilities or buildings. Additionally, I would suggest you share this correspondence and a copy of the enclosed pamphlet issued by the Mount Prospect Police Department with the appropriate personnel of your organization. Should you have any questions or concerns, please contact Crime Prevention Officer Greg Sill 847 -870- 5650 for additional information. The Police Department will continue to disseminate information via our web page as well as our Facebook and Twitter accounts. Sincerely, " � Michael Semkiu Chief of Police Encl. Stands for Municipalities in Illinois BY JERRY ZARLEY, LEGAL ANALYST Until recently, Illinois was one of two states that did not allow for the concealed carrying of loaded firearms in the public sphere. In fact, except under federal law, carrying an available - for- immediate -use (loaded, not broken down, and placed in a locked container) concealed firearm was a crime under Illinois law. The legal evolutionary process, however, compelled the Illinois General Assembly to enact legislation that would allow for the concealed carrying of loaded handguns in public by its citizens, and in some cases, non - citizens. In 2008, the U.S. Supreme Court ruled in District of Columbia u Heller' that a complete ban on owning and possessing loaded, ready -to -use handguns in the home violated the Second Amendment. Two years later in McDonald a City of Chicago,' the Supreme Court ruled that the ruling in Heller applied to state and local governments through the Due Process Clause of the Fourteenth Amendment. Two years later, the Seventh Circuit Federal Court of Appeals ruled in Moore v Madigan' that the ruling in Heller applied to possessing useable handguns outside the home for protection as well. In response to this rapid succession of court decisions, the Illinois General Assembly enacted the Firearm Concealed Carry Act.' The Act makes Illinois a "shall- issue" state with respect to concealed -carry licenses. REQUIREMENTS OF THE ACT The Act makes Illinois a "shall- issue" state with respect to concealed -carry licenses. The Act requires the Illinois Department of State Police to issue a license to carry a concealed firearm to qualified Illinois citizens.' The State Police must adopt administrative rules to implement this process by January 1, 2014. While most of the regulation in this bill occurs at the state level, there are a number of ways in which the concealed -carry bill affects municipalities. LOCAL PREEMPTION There are two different provisions preempting local authority over firearms. The first preemption occurs in the newly- created Firearm Concealed Carry Act.' The second preemption occurs in the existing Firearm Owners Identification Card Act.' Taken together, these preemptions: • Provide that the regulation, licensing, possession, and registration of handguns and the transportation of firearms and ammunition are exclusive powers and functions of the State government. • Provide that the regulation orthe possession or ownership of assault weapons are exclusive powers and functions of the State, but a unit of local government may pass an ordinance regulating assault weapons within 10 days after the effective date of the amendatory Act. An ordinance passed before the effective date will also be valid. The definition of "assault weapon" would be designated by ordinance. Thus, Illinois municipalities can no longer regulate handguns or the transportation of any type of firearm or ammunition. Additionally, Illinois municipalities may not regulate assault weapons unless that regulation was adopted on or before July 19, 2013. if that assault- weapons regulation was in place, then the municipality may amend it after that date. OBJECTIONS TO CONCEALED CARRY APPLICATIONS Cinder the newly - created Firearm Concealed Carry Act, concealed -carry licenses are issued by the Illinois State Police. The State Police must create a database that includes the applications for concealed -carry licenses. Local law - enforcement agencies will have access to this database. Under Section 15 of the Act, the Chief Law Enforcement Officer of the Local law enforcement agency may object to an application upon a reasonable suspicion that the applicant poses a danger to him or herself, others, or the public safety.' If an objection occurs, then the application is sent to a review board for further scrutiny. The Chief Law Enforeement Officer must make any objection within 30 days after the application is entered into the State Police database. Local law enforcement will not receive any notices of the applications; it will be up to local law enforcement to monitor the applications that are entered into the database. 1 2 1 !LLINl115 MU410PAL R[VIEW I k J1Vt A3El; 2013 Gun Control: The Law as it Currently ENFORCING THE LAW Local police have the authority to enforce sorne of the provisions under the Act, • A person must carry the concealed -carry license at all times when carrying a concealed firearm. • Aperson nnist notify a law- enforcement officer of the existence of a concealed firearm during any traffic stop or other investigatory stop initiated by the officer. • A bar owner may not knowingly allow concealed firearms on the bar's premises. • Local law enforcement must report any person that they determine to pose a clear and present danger to themselves or others, • No person may carry a concealed firearm in a number of public locations, inchtding schools, government buildings, parks and playgrounds, and bars. In relation to establishments that serve alcohol on its premises, the statute prohibits firearms from any premises of an establishment where alcohol is served —if, within the prior three months, more than 50 %, of that establishment's gross receipts were derived from the sale of alcohol. There are obvious questions about how this requirement would work. Mow does one calculate the three -month period to determine whether profits exceeded the 50% limitation? Is it a rolling three -month period, or is it three calendar months? How does law - enforcement or even the liquor business, itself, know when that 50% threshold has been reached and guns are no longer allowed? The owner of a liquor establishment may be subject to penalty for failing to prohibit firearms on the premises where they are not allowed, 'these questions will have to be addressed by administrative rules or even further legislation. t. CIVIL IMMUNITY Law enforcement agencies and officials are immune from liability For their actions under the Act, They are not Bible for damages in any civil action that arises from any alleged wrongful or improper granting, denying, renewing, revoking, suspending, or failing to grant, deny, renew, revoke, or suspend ,t Iicense. The only exception to this immunity is if their misconduct is willful or wanton. 10 SIGN REQUIREMENTS The language of the Act is somewhat ambiguous concerning the requirement to post signs where firearms are prohibited. The Act lists a number of locations where firearms are automatically prohibited. These are locations such as government buildings, schools, public parks and recreation facilities, airports, hospitals, and other similar locations. The Act also provides that the owners of private property may, at their discretion, opt to prohibit firearms on their private property. The Act then goes on to require the posting of signs at locations where firearms are prohibited— unless that prohibited area is a private residence." The State Police must establish a uniform design for the signs. The question is whether the requirement to post signs applies to all of the prohibited areas that are identified under statute or whether it applies only to the private property that opts to prohibit fireanns. The intent arguably appears to be that signs are required only where the private property owner has decided to prohibit firearms where they would otherwise be allowed. But the text of the statute could also be read to require that signs be posted at al I locations where firearms are prohibited even at locations where firearms are statutorily prohibited. This is another question that will have to be addressed by administrative rules or even further legislation. CONCLUSION The Illinois Municipal League continues to receive inquiries about the implementation of the Firearm Concealed Carry Act. There are still many questions about the details of this Act. The first logical step will be to wait for the State Police to adopt the administrative rules. The rules are due by January 1, 2014. These rules should clear up at least some of the confusion concerning the implementation of the Act. It may also require additional legislation to clear up some of the details that were overlooked when the legislation was first draitedAn any case, municipalities should proceed with caution in order to avoid taking actions that are prohibited by the Act or that will be contradicted by the impending administrative rules, As always, it is a wise idea to work with your municipal attorney to avoid potential legal problems. Footnotes i through 1 l are available in the well index version o0his article. N0 PAUR 2U13 I 111101015 ,MUNICIM REUIN' 1 13 Medical Cannabis Frequently Asked Questions Page 1 of 2 How much medical cannabis will I be able to have? Qualifying patients may possess up to 2.5 ounces of medical cannabis in a 14 -day period from an authorized medical cannabis dispensary. How much will it cost to apply for a registry identification card? This fee will be established in the administrative rules being developed by the Illinois Department of Public Health. The Department has 120 days from the effective date (January 1, 2014) to develop the rules and criteria that will apply to the patient registry. At that time (approximately May 1, 2014), these rules will be filed with the Illinois General Assembly's Joint Committee on Administrative Rules (JCAR) for review and public comment. When will the Illinois Department of Public Health begin issuing registry identification cards? A date has not yet been determined. The effective date of the act is January 1, 2014. Before issuing registration cards, the Illinois Department of Public Health must adopt administrative rules, set registration fees, and develop the process to receive and process registrations. Any date for issuing registry identification cards will take into account the time needed to complete these tasks. Where do I send my application for a registry identification card? Do not send any information at this time. The Illinois Department of Public Health is currently building the necessary infrastructure to implement the law, including the development of a registration process for patients and caregivers. The Department will issue registry identification cards to patients and designated caregivers once the administrative rules for the program are adopted. What debilitating medical conditions qualify me for medical cannabis? Debilitating medical conditions include 40 chronic diseases and conditions: cancer, glaucoma, positive status for human immunodeficiency virus (HIV), acquired immunodeficiency syndrome (AIDS), hepatitis C, amyotrophic lateral sclerosis, Crohn's disease, agitation of Alzheimer's disease, cachexia /wasting syndrome, muscular dystrophy, severe fibromyalgia, spinal cord disease (including but not limited to arachnoiditis), Tarlov cysts, hydromyelia syringomyelia, Rheumatoid arthritis, fibrous dysplasia, spinal cord injury, traumatic brain injury and post concussion syndrome, Multiple Sclerosis, Arnold - Chiari malformation and Syringomelia, Spinocerebellar Ataxia (SCA), Parkinson's Disease, Tourette Syndrome, Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD (Complex Regional Pain Syndromes Type 1), Causalgia, CRPS (Complex Regional Pain Syndrome Type II), Neurofibromatosis, Chronic inflammatory Demyelinating Polyneuropathy, Chronic Inflammatory Demyelinating Polyneuropathy, Sjogren's Syndrome, Lupus, Interstitial Cystitis, Myasthenia Gravis, Hydrocephalus, nail - patella syndrome or residual limb pain; or the treatment of these conditions. What if my medical condition is not listed? According to the act, any person may petition the Illinois Department of Public Health to http: / /www.idph. state. il. us /HealthWellness /MedicalCannabis /faq.htm 12/3/2013 Medical Cannabis Page 2 of 2 add debilitating conditions or treatments to the list of conditions included in the Compassionate Use of Medical Cannabis Pilot Program. The Department will develop a process for considering the petitions, including public notice and hearing. Where can I smoke medical cannabis? A registered qualifying patient will be able to smoke medical cannabis in places where the smoking of traditional tobacco products is allowed. Smoking medical cannabis is prohibited in any public place where an individual could reasonably be expected to be observed by others, in a health care facility or any other place where smoking is prohibited by the Smoke -free Illinois Act. I am visiting Illinois and have a medical cannabis registry card from my home state. May I participate in the Compassionate Use of Medical Cannabis Pilot Program? No. Only Illinois residents who meet the program requirements will qualify to participate in the Compassionate Use of Medical Cannabis Pilot Program. My child has a debilitating medical condition. Can he /she apply to be a registered qualifying patient? No. The law does not permit the Illinois Department of Public Health to issue registry identifications cards to qualifying patients under age 18. Contact Us Illinois Department of Public Health Office of Health Promotion Bureau of Medical Cannabis 217- 782 -3300 e -mail: DPH .MedicalCannabis(cDillinois.gov http: / /www.idph. state. il. us /HealthWellness /MedicalCannabis /faq.htm 12/3/2013 Medical Cannabis Physician Information Page 1 of 1 The Illinois Compassionate Use of Medical Cannabis Pilot Program requires physicians to be the gatekeeper for access to medical cannabis. A physician may be a doctor of medicine or osteopathy licensed under the Medical Practice Act of 1987 to practice medicine and must have a current controlled substances license under Article II of the Illinois Controlled Substances Act. No other licensed profession (including dentists) may recommend a qualifying patient for medical cannabis use. The requirements for the physician recommendation will be established in the administrative rules being developed by the Illinois Department of Public Health. The Department has 120 days from the effective date (January 1, 2014) to write the rules and criteria that will apply to the patient registry. At that time (approximately May 1, 2014), the rules will be filed with the Illinois General Assembly's Joint Committee on Administrative Rules (JCAR) for review and public comment. Contact Us Illinois Department of Public Health Office of Health Promotion Bureau of Medical Cannabis 217 - 782 -3300 e -mail: DPH .MedicalCannabis@_illinois.gov http: / /www.idph. state. il. us/ HealthWellness/ MedicalCannabis 1physician_info.htm 12/3/2013 State of Illinois I IDFPR FAQ pages Page 1 of 1 Close this F.A.Q. page. The Compassionate Use Of Medical Cannabis Pilot Program Act View all answers The Compassionate Use of Medical Cannabis Pilot Program Act FAQs Q. How do I apply to become a dispensing organization? A. APPLICATIONS FOR DISPENSING ORGANIZATIONS ARE NOT CURRENTLY AVAILABLE. The Department of Financial and Professional Regulation ( "DFPR ") is in the process of drafting administrative rules for the implementation of the Compassionate Use of Medical Cannabis Pilot Program Act ( "the Act "). Q. When will the dispensing organization registration applications be ready? A. DFPR has 120 days from January 1, 2014 to file administrative rules with the Joint Committee on Administrative Rules (JCAR). There will then be a First Notice period that lasts a minimum of 45 days. After the First Notice period, there will be a Second Notice period that lasts for a maximum of 45 days with the possibility of a 45 day extension. Once the administrative rules are adopted, DFPR will establish the application process for dispensing organizations. Q. Wliat are the fees associated with applying to become a dispensing organization? A. The fees associated with becoming a dispensing organization will be established in the administrative rules being developed by DFPR. Q. Can I make comments on the proposed rules? A. Once the proposed administrative rules are submitted to JCAR, they are published in the Illinois Register. Upon publication in the Register, there will be a 45 day First Notice period in which the public can submit comments to DFPR. The Notice Form that is published along with the proposed administrative rules will contain information on where the public can submit written comments. Q. What are the specific requirements to become a dispensing orizanization? A. No details other than what is provided for in the Act will be available until the administrative rules are submitted to JCAR. Q. What statutory restrictions on becoming a dispensing organization are provided for in the Act? A. Applicants must be 21 years of age, must submit all required materials to DFPR, must be in compliance with local zoning rules, must not have a conviction for a violent crime or a violation of state or federal controlled substance laws, must not be a principal officer or board member of a dispensing organization that has had its registration revoked, and must not be a registered qualified patient or a registered caregiver. A dispensing organization must not be located within 1,000 feet of the property line of a pre- existing public or private preschool or elementary or secondary school or day care center, day care home, group day care home, or part day child care facility. A dispensing organization may not be located in a house, apartment, condominium, or an area zoned for residential use. Q. Where can l find the full text of the Act? A. Please click here: litti):HiIg_a. og v /legislatioii/98 /1-1B /PI >I /09$0011130001lv.pdf Q. Where can l find information on becoming registered patients and designated caregivers? A. Registered patients and designated caregivers will be regulated by the Department of Public Health. Additional information can be found at litti). /hwwyv,idgh. state. il. us /HealthWelIness /MedicalCannabis /index.htm Q. Where can I find information regarding becoming a cultivation center? A. Cultivation centers will be regulated by the Department of Agriculture. http://www.agr.state.il.us/ http://www.idfpr.com/FAQ/DPR/IDFPR 12/3/2013 Opened New Window - Print Preview FOR IMMEDIATE RELEASE August 1, 2013 Page 1 of 3 Governor Quinn Signs Compassionate Use of Medical Cannabis Act With Some of Nation's Strongest Regulations, Law Will Help Ease Pain for People With Chronic Conditions, Cancer Patients and Veterans with Disabilities CHICAGO - Governor Pat Quinn today signed House Bill 1 — the Compassionate Use of Medical Cannabis Act — which will help ease pain for people across Illinois who suffer from debilitating medical conditions. Illinois is now the 21 st state to enact such legislation, which includes some of the nation's strongest restrictions on the cultivation, dispensing and use of medical marijuana. Over the years and especially in the past several months, Governor Quinn has heard from veterans, cancer patients and people with chronic illnesses about the importance of this legislation. "As Nelson Mandela once said, `Our human compassion binds us the one to the other — not in pity or patronizingly, but as human beings who have learnt how to turn our common suffering into hope for the future'," Governor Quinn said. "Over the years, I've been moved by the brave patients and veterans who are fighting terrible illnesses. They need and deserve pain relief." "This new law will provide that relief and help eligible patients ease their suffering, while making sure Illinois has the nation's strictest safeguards to prevent abuse." Sponsored by Rep. Lou Lang (D- Skokie) and Sen. William Haine (D- Alton), House Bill 1 legalizes - with the nation's strongest restrictions, the use of medical marijuana for people with debilitating medical conditions. Scientific evidence has found that medical cannabis can provide relief from continual pain, nausea and discomfort more effectively than conventional medications for patients suffering from serious ailments, such as cancer, multiple sclerosis, Parkinson's disease and HIV. Rep. Lang has led negotiations and championed the issue for five years. "Pain and suffering for many chronically ill and terminally ill individuals will be significantly lessened, if not eliminated in some cases, because of Governor Pat Quinn's courage to sign a controversial bill that often has been subjected to distortions and fear mongering," said Rep. Lang, a Deputy Majority Leader in the Illinois House. "On behalf of the many patients who came to Springfield to advocate for the bill, I want to thank the governor." http: / /www3. illinois. gov/ PressReleases/ PrintPressRelease .cfm ?SubjectID =3 &RecNu... 12/3/2013 Opened New Window - Print Preview Page 2 of 3 "Patients afflicted by the most unbearable conditions finally have a compassionate answer to their cries for help," said Sen. Bill Haine (D- Alton), a former prosecutor. "This program alleviates suffering and provides strong safeguards against abuse. We are ensuring only those suffering from the most serious diseases receive this treatment." Among the people Governor Quinn spoke with while considering the bill was Jim Champion of Somonauk, Illinois, a veteran of the 101 st Airborne who was struck with multiple sclerosis. "I use medical cannabis because it's the most effective medicine in treating my muscle spasticity with few side effects," Champion said. "My wife shouldn't have to go to drug dealers for my medicine. Neither of us deserve to be criminals." The new law enacts strict restrictions on the cultivation centers to ensure professional licensing, 24- hour surveillance and inventory control. There will be 22 cultivation centers — one for each State Police District. Each must comply with local zoning laws, and be located at least 2,500 feet from day care centers and schools. The dispensing of medical cannabis will also be tightly regulated. Unlike some states, Illinois law will not permit patients or caregivers to cultivate cannabis. Eligible patients may purchase up to 2.5 ounces of cannabis every 14 days. There will be no more than 60 licensed dispensaries, which must comply with strict rules established by the Illinois Department of Financial and Professional Regulation. The law specifies 35 medical conditions for eligibility, such as muscular dystrophy, cancer, multiple sclerosis and HIV /AIDS. The prescribing physician and patient must have an established relationship. Minors and people with felony drug convictions or psychiatric conditions do not qualify. Patients may not be police officers, firefighters, probation officers or school bus drivers. Patients who drive while impaired by medical cannabis face the same penalties as those who drive while impaired by prescription drugs. Medical cannabis may not be used on a school bus or school grounds, in a correctional facility, in a residence used to provide childcare or any public place. Landlords may ban smoking of medical cannabis on leased property. Under the law, employers will maintain the power to ensure a drug -free work place. Medical cannabis will be taxed at the same rate — 1 percent — as pharmaceuticals. A 7 percent "privilege tax" imposed on the cultivation centers and dispensaries will be deposited in the Compassionate Use and Medical Cannabis Fund for the costs of administering and enforcing the Act. It is estimated that each of the 22 cultivation centers will hire 5 -10 staff, each of the 60 dispensaries will employ 10 -20 staff and hundreds of new jobs in related industries will be created. In addition, the new law also bans campaign contributions from operators of cultivation centers and dispensaries. The law takes effect on January 1, 2014 and is a four -year pilot program. With the signing of today's law, Illinois becomes the 21 st state to approve use of medical cannabis, following such states as Michigan, New Jersey, California and the District of Columbia. In Colorado, where 107,000 residents have cannabis prescriptions, the leading reasons are for multiple sclerosis, cancer and HIV /AIDS. http: / /www3. illinois. gov/ PressReleases /PrintPressRelease.cfm ?Subj ectID= 3 &RecNu... 12/3/2013 Opened New Window - Print Preview Page 3 of 3 Supporters of HB 1 included the Illinois Nurses Association, Protestants for the Common Good, Illinois State Bar Association, AIDS Foundation of Chicago, United Food and Commercial Workers, ACLU of Illinois, AFL -CIO, Community Renewal Society, Illinois Eye Center, 270 physicians from across the state and many others. A CBS poll taken in 2012 found 83 percent of Americans support legalizing medical cannabis. * RAW TAPE: Governor signs medical mariivana bill. Audio includes Governor Pat Quinn, Rep. Lou Lang and 101 st Airborne veteran Jim Champion. 010 RAW TAPE: Q_& A w /Governor_ Fat Quinn, Rep. Lou Lang and Sanely Champion at medical marijuana bill signing event. http: / /www3. illinois. gov/ PressReleases IPrintPressRelease.cfm ?Subj ectID =3 &RecNu... 12/3/2013 Semkiu, Mike From: Semkiu, Mike Sent: Monday, November 18, 2013 10:20 AM To: Janonis, Mike Subj( FW: Temporary Visitors Drivers License FYI regarding temporary visitors driver's license. Michael Semkiu Chief of Police Mount Prospect Police Department msemkiu(a)moun torosDect. ora 847.870.5653 847.392.1070 (fax) REMINDER: TVDL PROGRAM BEGINS DECEMBER 2013 In January 2013, the governor signed into law a bill passed by the General Assembly that will allow non -visa status individuals (undocumented individuals) who do not qualify for a Social Security card to apply for a TernpoM Visitors Driver's License (TVDL). Beginning in December, the Illinois Secretary of State's o ffi ce will be implementing this program, which will allow non -visa status individuals to legally drive within the state of Illinois with the TVDL. The TVDL is valid for driving only and marked "Not valid for identification." A TVDL applicant must provide state approved documents proving name, date of birth, written signature, current address as well as information that the applicant has lived in Illinois for more than one year. A list of the required documents can be found on the Illinois Secretary of State's website at www.cyberdriveillinois.com ApF nts are required to pass the vision, written and road exams administered by the office. Also, TVDL holders must obtain mandatory liability insurance. The TVDL is void if the driver does not carry auto insurance. ,j � P " 9- N �L_ �� T! 34 18 1 -01 . 71° F , p ,.;, 04 - 0. 5 W4 E cliR ti W Mike Eterno Q �n PR( Operations Commander s� t Mount Prospect Police Department ,..� 112 E. Northwest Highway +�r Mount Prospect, !L 60056 * ' (847) 818 -5248 (847) 392 -1070 - fax - y meterno@)mountprospect. of p, STANDARD DRIVER'S LICENSE tk w 04004816 -263:k uor n.' { 62 ru 1 13 " o' . u L a Iza sort - dw7 TOWw Il 6265n S. ` - r CD D r- ,. tea.. t , .y Ss /Ww t,ex TEMPORARY VISITOR DRIVER'S LICENSE S Pr. ac- T1 11 -1 3 -sco t _ 0144 -13 I I y�eut wet a +o Mr rocs a uuo t ,..,3. .., MAL Y • •' ' • 1' • Illinois residents age 16 and older with a valid Social Security card. Documented immigrants with a VISA who cannot obtain a Social Security card can obtain a TVDL. WHEN! WILL THE NEW TVDL BECOME AVAILABLE FOR Under Public Act 97- 1157, immigrants who cannot obtain a Social Security card may apply for a TVDL, beginning in early December 2013. H OW LONG !t • • Valid four years along with renewal options. Valid three years maximum; no renewal options allowed. Must re- apply as a new applicant, presenting all required documents for verification. WHAT IS IT VALID FOR? Valid for driving and identification. A standard driver's license Valid for driving only. Not valid for identification. A TVDL is allows the holder to board an airplane, enter a federal building or marked "Not valid for identification." A TVDL DOES NOT allow apply for a Firearm Owner Identification (FOID) card. the holder to board an airplane, enter a federal building, register to vote or apply for a Firearm Owner Identification (FOID) card. WHAT TESTS MUST BE PASSED? Must pass vision, written and road exams. Must pass vision, written and road exams. WHAT DRIVER SERVICES FACILITIES ISSUE LICENSES? May visit any Secretary of State facility; no appointment is required. Advance appointment required at one of the 25 designated facilities. Documents required: Social Security card, proof of signature, proof Various documents required, including those that prove at of date of birth, and two documents that prove residency. least 12 months of residency in Illinois. A list of re- quired documents needed to apply for a TVDL is available at www.cybordrWeillinois.com. 0 • Same day. Upon passing all necessary tests, a new driver's license If eligible, a TVDL will be issued at a later date. The license is not will be printed and issued immediately. printed at the facility the applicant visits. It will be printed at a central location after the Secretary of State's office has verified WHAT IS documents and a facial recognition search has been completed. HE Fee is $30. FEE? Fee is $30. DR IVING WHAT HAPPENS IF CAUGHT If a person with a driver's license is caught driving without insurance, If a person with a TVDL is caught driving without insurance, his /her he /she will be ticketed for not having insurance. TVDL is invalid. The driver will be ticketed for driving without insurance as well as driving without a license. The TVDL will be valid upon obtaining liability insurance. Please Note: Deferred Action in the Federal Dream Act allows certain immigrants age 16 to 30 to apply for and obtain a Social Security card. Anyone with a Social Security card - along with proof of signature, proof of date of birth, and two documents that prove residency- may apply for a regular drivers license. Printed by authority of the State of Illinois. August 2013 —1 — DSD TVDL 9 C/D H C-D J W CA Z W C-2 J C/2 bc W C= act C= 5 � G W C� CA W V C= O C= ' p V_ W W J m Q W V V O Z Q W C= W O W a W C_, V d c W []C Q C/J W d O C2 O H O LL =o —" ca r E - - zna E m Eoa o m U O m o m gEmm w m 5 m C y y E 2oa 'y •� m m is y E m p m 2 N m o ANA C A d E or w t E2 °c ao V m b N y m m U C tO .> N a+ C N d D] ` D] U zz y m Q . to ooh 0Q o.E . _;2- A - - = ° o� c o C m qm - 41 R� U - co d N C w E> -> 'm m° fO �.0 ° a d - U o > m —� N C I m Z3 .� v `� �.E�� d 7 c E o rte" 'v, o� , tz Via. ° E v r N m 2 O aL io w �'" Em 0 m CL o ° m m --' .' > o v m Q V ` Um C ° �N L �� U N C m o m ° o°> m a cmo_ o m O c- o > ati.v c [n aEi� Cx.E `� 3i ac °�° E.� a o °o� O'Ey �c�j, m in l m - E .mm o Y c ..W Cl o oc ° mmE ? -o ° -a> a� E o U >m ocrn N vs y m N,> E n o ��L ° N C E m CO s p U ' m p n. °gy A cis y d W N I CE m � `o o N ° NC n nm wU m V � . V1 @ a. * � Y c <p o - E U _ o E a 4 c m cn� yy Q Ll O U j Q> d> m e c > U a N LL° Q1 @ U U v .� m D_ U U U C J c N C m 5 N O C U 0 U 0 - W s 0 CL ° a 3 E N C- � U _ - - -t7 0 - ck O CL 4C LL d N O In e Q x U - y m N O � C. O 0 N N 0 c 0 �o d m 0 S_ c a U 0 m w C 0 N 0 n d 0 m C m N O U Print Story suntimes Page 1 of 2 Illinois starts driver's license tests for undocumented immigrants Tuesday BY ROSALIND ROSSI Transportation Reporter Last Modified: Dec 3, 2013 02:18AM Illinois on Tuesday becomes the largest state in the nation to test undocumented immigrants seeking temporary drivers' licenses, but don't expect a stampede right away at Secretary of State facilities. Officials are limiting the number of by- appointment -only applicants to six a day at the two facilities offering the first tests for undocumented Illinois residents. By mid - December, daily applicant loads should increase to 39 at the agency's Chicago West facility, 5301 W. Lexington Ave., and in Springfield, at 2701 S. Dirksen Pkwy. Two more facilities will join as test sites later this month, and by mid - December, applicants will be able to make January appointments at 36 facilities. "We'd much rather do this slowly and deliberately pace this out so we are doing it right by January," explained Lisa Grau, manager of the Secretary of State's Temporary Visitor Driver's License program for undocumented immigrants. Officials say demand is clearly there. As of Monday, 5,500 appointments had been scheduled through March 4 at Chicago West; Springfield; Chicago North at 5401 N. Elston, and the Bloomington facility. A special call -in appointment line has been receiving about 10,000 calls a day. At least 25,000 undocumented immigrants living in Illinois are expected to eventually apply for the program. "Please be patient," Grau cautioned them on Monday. "There's no clock that's going to run out." Illinois will be joining Washington, Nevada and New Mexico in providing drivers' licenses to undocumented residents, but is the largest thus far to do so, said Dave Druker, spokesman for the Illinois Secretary of State office. As a result, he said, "There isn't a precedent for us to follow." No walk -ins will be accepted. Undocumented immigrants seeking driving -test appointments can call (855) 236 -1155 or register online at www.cyberdriveillinois.com. Applicants must prove at least 12 months of residency in Illinois, their name and date of birth and present two documents establishing their current address. They will be given a written, road and eye test and can use any insured car for the road test as long as http: / /www. suntimes.com/newsl transportation l24130795- 4181illinois- starts- drivers - license... 12/3/2013 Print Story the insurance doesn't specifically exclude them, Grau said. Page 2 of 2 The new licenses should make the roads safer by ensuring that undocumented immigrants who drive have passed tests, officials say. In addition, such drivers must have car insurance by the time they drive on their new licenses. Written driving tests will be available in Spanish, Polish, Chinese and Korean, and workers speaking those languages should be available at every test facility. Applicants are free to bring bilingual friends or relatives as translators. The temporary licenses for undocumented visitors will contain the same purple edge as those for documented visitors with visa status. They are valid for three years. Email: rrossi @suntimes.com Twitter: @rosalindrossi Copyright © 2013 — Sun -Times Media, LLC http: / /www. suntimes.com/newsl transportation l24130795- 4181illinois- starts- drivers - license... 12/3/2013 Public Act 098 -0350 SB1756 Enrolled AN ACT concerning criminal law. LRB098 05213 RLC 40473 b Be it enacted by the People of the State of Illinois, represented in the General Assembly: Section 5. The Prevention of Tobacco Use by Minors and Sale and Distribution of Tobacco Products Act is amended by changing Section 2 and adding Section 1.5 as follows: (720 ILCS 675/1.5 new) Sec. 1.5. Distribution of alternative nicotine products to persons under 18 years of age prohibited. (a) For the purposes of this Section. "alternative nicotine product" means a product or device not consisting of or containing tobacco that provides for the ingestion into t body of nicotine, whether by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing, or by any other means. "Alternative nicotine product" excludes cigarettes, smokeless tobacco, or other tobacco products as these terms are defined in Section 1 of this Act and any product approved by the United States Food and Drug Administration as a non - tobacco product for sale as a tobacco cessation product. as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for that approved purpose._ (b) A person, either directly or indirectly by an agent or employee, or by a vending machine owned by the person or Public Act 098 -0350 SB1756 Enrolled LRB098 05213 RLC 40473 b located in the person's establishment, may not sell, offer for sale, Give, or furnish any alternative nicotine product or any cartridge or component of an alternative nicotine product to a erson under 18 years of age. c) Before selling, offering for sale, aivina, or furnishing an alternative nicotine product or any cartridge or component of an alternative nicotine product, to another person, the person selling, offering for sale, aivina, or furnishing the alternative nicotine product shall verify that the person is at least 18 vears of aqe by: (1) examinina from any person that appears to be under 27 vears of acre a Government- issued photographic identification that establishes the person is at least 18 nears of aqe or (2) for sales made though the Internet or other remote sales methods, performing an age verification throuah an independent, third -party aae verification service that compares information available from public records to the personal information entered by the person during_ the ordering process that establishes the person is 18 years of age or older. (720 ILCS 675/2) (from Ch. 23, par. 2358) Sec. 2. Penalties. (a) Any person who violates subsection (a), (a -5), or (a -6) of Section 1 or Section 1.5 of this Act is guilty of a petty Public Act 098 -0350 SB1756 Enrolled LRB098 05213 RLC 40473 b offense and for the first offense shall be fined $200, $400 for the second offense in a 12 -month period, and $600 for the third or any subsequent offense in a 12 -month period. (b) If a minor violates subsection (a -7) of Section 1 he or she is guilty of a petty offense and the court may impose a sentence of 15 hours of community service or a fine of $25 for a first violation. (c) A second violation by a minor of subsection (a -7) of Section 1 that occurs within 12 months after the first violation is punishable by a fine of $50 and 25 hours of community service. (d) A third or subsequent violation by a minor of subsection (a -7) of Section 1 that occurs within 12 months after the first violation is punishable by a $100 fine and 30 hours of community service. (e) Any second or subsequent violation not within the 12 -month time period after the first violation is punishable as provided for a first violation. (f) If a minor is convicted of or placed on supervision for a violation of subsection (a -7) of Section 1, the court may, in its discretion, and upon recommendation by the State's Attorney, order that minor and his or her parents or legal guardian to attend a smoker's education or youth diversion program if that program is available in the jurisdiction where the offender resides. Attendance at a smoker's education or youth diversion program shall be time - credited against any Public Act 098 -0350 SB1756 Enrolled LRB098 05213 RLC 40473 b community service time imposed for any first violation of subsection (a -7) of Section 1. In addition to any other penalty that the court may impose for a violation of subsection (a -7) of Section 1, the court, upon request by the State's Attorney, may in its discretion require the offender to remit a fee for his or her attendance at a smoker's education or youth diversion program. (g) For purposes of this Section, "smoker's education program" or "youth diversion program" includes, but is not limited to, a seminar designed to educate a person on the physical and psychological effects of smoking tobacco products and the health consequences of smoking tobacco products that can be conducted with a locality's youth diversion program. (h) All moneys collected as fines for violations of subsection (a), (a -5), (a -6), or (a -7) of Section 1 shall be distributed in the following manner: (1) one -half of each fine shall be distributed to the unit of local government or other entity that successfully prosecuted the offender; and (2) one -half shall be remitted to the State to be used for enforcing this Act. (Source: P.A. 96 -179, eff. 8- 10 -09.)