Chicago City Wire

Javier L. Cervantes introduced SB1183 in the Illinois Senate on Jan. 24, 2025, during the general assembly session 104, according to the Illinois General Assembly.

According to the Illinois General Assembly site, the legislature summarized the bill's official text as follows: "Creates the Kratom Consumer Protection Act. Provides that no person shall sell, offer for sale, provide, or distribute kratom leaf or a kratom product to a person under 21 years of age, with requirements for online age verification. Provides that no person shall sell, offer for sale, provide, or distribute a kratom product that contains certain chemical compositions. Provides that an individual, business, or other entity shall not produce, sell, or distribute a kratom product that is attractive to children. Provides that no person shall sell, offer for sale, provide, or distribute a kratom product that is adulterated with a dangerous non-kratom substance. Provides that no person shall offer for sale any kratom product that contains synthesized or semi-synthesized kratom alkaloids or kratom constituents. Requires federal compliance for kratom products and processors. Imposes a tax of 5% on the retail sale of kratom products. Requires quarterly returns for the tax. Provides that a person who knowingly files a false or incomplete return is guilty of a Class A misdemeanor. Provides for rulemaking and other powers for the Department of Revenue. Incorporates certain provisions of the Retailers' Occupation Tax Act and the Uniform Penalty and Interest Act. Provides that any person who sells a kratom product in violation of this Act shall be subject to a civil penalty up to $5,000 for the first violation, and up to $10,000 for a second violation. Provides that, for a third violation and each subsequent violation, the person shall be fined a minimum of $10,000, up to a maximum of $20,000, and shall be prohibited from selling kratom products in this State for 3 years. Defines terms. Limits home rule powers. Repeals the Kratom Control Act."

The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.

In essence, the bill creates the Kratom Consumer Protection Act, prohibiting the sale of kratom to individuals under 21 and requiring online age verification. It restricts the sale of kratom products with specific chemical compositions, prohibits products attractive to children, and bans adulterated or synthesized alkaloid products. The bill mandates federal compliance for manufacturing and imposes a 5% tax on retail sales, with quarterly tax returns. Violations may incur fines up to $20,000 and a prohibition on sales for three years. It repeals the Kratom Control Act, defines key terms, and limits home rule powers, ensuring state regulation of kratom distribution and sales. The act takes various measures to ensure consumer safety and product integrity.

Javier L. Cervantes has proposed another seven bills since the beginning of the 104th session.

Cervantes graduated from the University of Illinois Chicago.

Javier L. Cervantes is currently serving in the Illinois State Senate, representing the state's 1st Senate District. He replaced previous state senator Antonio Munoz in 2023.

Bills in Illinois follow a multi-step legislative process, beginning with introduction in either the House or Senate, followed by committee review, floor debates, and votes in both chambers before reaching the governor for approval or veto. The General Assembly operates on a biennial schedule, and while typically thousands of bills are introduced each session, only a fraction successfully pass through the process to become law.

You can read more about bills and other measures here.

Bill Number	Date Introduced	Short Description
SB1183	01/24/2025	Creates the Kratom Consumer Protection Act. Provides that no person shall sell, offer for sale, provide, or distribute kratom leaf or a kratom product to a person under 21 years of age, with requirements for online age verification. Provides that no person shall sell, offer for sale, provide, or distribute a kratom product that contains certain chemical compositions. Provides that an individual, business, or other entity shall not produce, sell, or distribute a kratom product that is attractive to children. Provides that no person shall sell, offer for sale, provide, or distribute a kratom product that is adulterated with a dangerous non-kratom substance. Provides that no person shall offer for sale any kratom product that contains synthesized or semi-synthesized kratom alkaloids or kratom constituents. Requires federal compliance for kratom products and processors. Imposes a tax of 5% on the retail sale of kratom products. Requires quarterly returns for the tax. Provides that a person who knowingly files a false or incomplete return is guilty of a Class A misdemeanor. Provides for rulemaking and other powers for the Department of Revenue. Incorporates certain provisions of the Retailers' Occupation Tax Act and the Uniform Penalty and Interest Act. Provides that any person who sells a kratom product in violation of this Act shall be subject to a civil penalty up to $5,000 for the first violation, and up to $10,000 for a second violation. Provides that, for a third violation and each subsequent violation, the person shall be fined a minimum of $10,000, up to a maximum of $20,000, and shall be prohibited from selling kratom products in this State for 3 years. Defines terms. Limits home rule powers. Repeals the Kratom Control Act.
SB0270	01/24/2025	Appropriates $16,358,900 from the General Revenue Fund to the Department of Human Services Rehabilitation Services Bureau for grants to independent living centers. Effective July 1, 2025.
SB0271	01/24/2025	Amends the Physician Assistant Practice Act of 1987. Provides that a physician assistant may prescribe, dispense, order, administer, and procure drugs and medical devices without delegation of authority by a physician. Provides that a physician assistant may practice without a written collaborative agreement. Provides that a physician assistant who files with the Department of Financial and Professional Regulation a notarized attestation of completion of at least 250 hours of continuing education or training and at least 2,000 hours of clinical experience after first attaining national certification shall not require a written collaborative agreement to practice. Makes changes in provisions concerning definitions; physician assistant title; collaboration requirements; written collaborative agreements, prescriptive authority, and physician assistants in hospitals, hospital affiliates, or ambulatory surgical treatment centers; inactive status; limitations; and grounds for disciplinary action. Amends the Illinois Controlled Substances Act to make corresponding changes.
SB0194	01/22/2025	Amends the Illinois Income Tax Act. Creates the Illinois Graduate and Retain Our Workforce (iGROW) Tech Scholarship Fund checkoff. Provides that, through the checkoff, taxpayers may contribute to the Illinois Graduate and Retain Our Workforce (iGROW) Tech Scholarship Fund. Amends the State Finance Act to create the Illinois Graduate and Retain Our Workforce (iGROW) Tech Scholarship Fund. Provides that moneys in the Fund shall be used by the Illinois Student Assistance Commission for the purpose of awarding iGROW Tech scholarships. Effective immediately.
SB0106	01/17/2025	Amends the Illinois Criminal Justice Information Act. Authorizes the Illinois Criminal Justice Information Authority to: (1) use the services of, and enter into necessary agreements with, outside entities for the purpose of evaluating grant applications and for the purpose of administering or monitoring compliance with grant agreements; (2) make grants to community-based organizations, local government agencies, non-profit organizations, or other eligible entities for specified criminal justice and public safety programs; and (3) adopt rules necessary to carry out the Authority's responsibilities under the Act. Effective immediately.
SB0107	01/17/2025	Creates the Care for Retired Police Dogs Program Act. Provides that the Board of Trustees of the University of Illinois shall contract with a not-for-profit corporation organized under the General Not For Profit Corporation Act of 1986 to administer and manage the Care for Retired Police Dogs Program. Provides that the Board of Trustees of the University of Illinois shall select the not-for-profit corporation through a competitive grant award process. Provides that from appropriations made by the General Assembly from the Illinois Police K-9 Memorial Fund to the University of Illinois for implementation of the Act, the Board of Trustees of the University of Illinois shall make grants to the not-for-profit corporation contracted by the Board of Trustees of the University of Illinois to be the disbursing authority for the Care for Retired Police Dogs Program. Amends the Illinois Vehicle Code. Provides that moneys from the Illinois Police K-9 Memorial Fund and for grants under the Care for Retired Police Dogs Program Act.
SB0108	01/17/2025	Amends the Code of Criminal Procedure of 1963. Provides that in the assessment waiver provisions, defines "assessments" to include assessments in a county having a population of more than 3,000,000. Deletes a provision that states the provision is inoperative on and after July 1, 2024 that provides that in a county having a population of more than 3,000,000, "assessments" means any costs imposed on a criminal defendant under the Assessment Schedules Article of the Criminal and Traffic Assessment Act, including violation of the Illinois Vehicle Code assessments.
SB0124	01/17/2025	Amends the Illinois Insurance Code. Provides that the amendatory Act may be referred to as the Motor Vehicle Insurance Fairness Act. Provides that no insurer shall refuse to issue or renew a policy of automobile insurance based in whole or in part on specified prohibited underwriting or rating factors. Sets forth factors that are prohibited with respect to underwriting and rating a policy of automobile insurance. Sets forth provisions concerning the use of territorial factors. Provides that every insurer selling a policy of automobile insurance in the State shall demonstrate that its marketing, underwriting, rating, claims handling, fraud investigations, and any algorithm or model used for those business practices do not disparately impact any group of customers based on race, color, national or ethnic origin, religion, sex, sexual orientation, disability, gender identity, or gender expression. Provides that no rate shall be approved or remain in effect that is excessive, inadequate, unfairly discriminatory, or otherwise in violation of the provisions. Provides that every insurer that desires to change any rate shall file a complete rate application with the Director of Insurance. Provides that all information provided to the Director under the provisions shall be available for public inspection. Provides that any person may initiate or intervene in any proceeding permitted or established under the provisions and challenge any action of the Director under the provisions. Provides that the Department of Insurance shall adopt rules. Provides that all insurers subject to the provisions shall be assessed a fee of 0.05% of their total earned premium from the prior calendar year, and that the fee shall be payable to the Department no later than July 1 of each calendar year and shall be used by the Department to implement the provisions.