HB5054 102ND GENERAL ASSEMBLY

LRB102 24805 KTG 34050 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5054

Introduced 1/27/2022, by Rep. LaToya Greenwood

SYNOPSIS AS INTRODUCED:

See Index

Amends the Department of Human Services Act. Requires the Department of Human Services to establish and implement a 2-year Guaranteed Income for Women Pilot Program to provide guaranteed monthly income for women who reside in the cities of East St. Louis and Cahokia Heights. Provides that under the pilot program, 650 eligible women with income at or below the poverty line shall receive an $850 cash payment each month for the duration of the pilot program. Provides that there shall be no application process, instead the Department shall identify eligible individuals and invite such individuals to participate in the pilot program. Permits the Department to contract with a non-profit organization that is concerned with ameliorating economic insecurity and wealth disparities in the cities of East St. Louis and Cahokia Heights to identify eligible individuals for the pilot program. Provides that to the extent permitted under federal regulations and notwithstanding any other State law or rule, any payment made to a participating eligible individual under the pilot program shall not be taken into account as income and shall not be taken into account as resources for a period of 12 months from receipt for purposes of determining the eligibility of such eligible individual (or any other individual) for benefits or assistance (or the amount or extent of benefits or assistance) under any federal or State program. Creates the Guaranteed Income for Women Pilot Program Fund as a special fund in the State treasury. Provides that as soon as practicable after July 1, 2023, $6,630,000 shall be transferred from the Cannabis Regulation Fund to the Guaranteed Income for Women Pilot Program Fund to be used by the Department of Human Services for the purposes of the pilot program. Requires the same funds transfer after July 1, 2024. Amends the State Finance Act. In provisions concerning the Cannabis Regulation Fund, provides that before any transfers are made from the Cannabis Regulation Fund to other specified funds as required under the Act, the transfers specified under the Department of Human Services Act for the Guaranteed Income for Women Pilot Program Fund shall be made. Effective July 1, 2023.

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Department of Human Services Act is amended by adding Section 1-75 as follows:

(20 ILCS 1305/1-75 new)

Sec. 1-75. Guaranteed Income for Women Pilot Program.

(a) Pilot program. The Department of Human Services shall establish and implement a 2-year Guaranteed Income for Women Pilot Program to provide guaranteed monthly income for women who reside in the cities of East St. Louis and Cahokia Heights. Under the pilot program, 650 eligible women with income at or below the poverty line shall receive an $850 cash payment each month for the duration of the pilot program. There shall be no application process, instead the Department shall identify eligible individuals and invite such individuals to participate in the pilot program. The Department may contract with a non-profit organization that is concerned with ameliorating economic insecurity and wealth disparities in the cities of East St. Louis and Cahokia Heights to identify eligible individuals for the pilot program. To the extent permitted under federal regulations and notwithstanding any other State law or rule, any payment made to a participating eligible individual under the pilot program shall not be taken into account as income and shall not be taken into account as resources for a period of 12 months from receipt for purposes of determining the eligibility of such eligible individual (or any other individual) for benefits or assistance (or the amount or extent of benefits or assistance) under any federal or State program. Payments made under the pilot program shall be funded through appropriations from the Guaranteed Income for Women Pilot Program Fund created under subsection (b). The Department of Human Services may adopt any rules necessary to implement the provisions of this Section.

(b) The Guaranteed Income for Women Pilot Program Fund. The Guaranteed Income for Women Pilot Program Fund is created as a special fund in the State treasury. As soon as practicable after July 1, 2023, $6,630,000 shall be transferred from the Cannabis Regulation Fund to the Guaranteed Income for Women Pilot Program Fund. As soon as practicable after July 1, 2024, $6,630,000 shall be transferred from the Cannabis Regulation Fund to the Guaranteed Income for Women Pilot Program Fund. Moneys deposited into the Fund shall be used by the Department of Human Services to fund the monthly income payments awarded under the Guaranteed Income for Women Pilot Program as provided under subsection (a) and for no other purpose. Any interest earned on moneys in the Fund shall be deposited into the Fund.

Section 10. The State Finance Act is amended by changing Section 6z-112 and by adding Section 5.970 as follows:

(30 ILCS 105/5.970 new)

Sec. 5.970. The Guaranteed Income for Women Pilot Program Fund.

(30 ILCS 105/6z-112)

Sec. 6z-112. The Cannabis Regulation Fund.

(a) There is created the Cannabis Regulation Fund in the State treasury, subject to appropriations unless otherwise provided in this Section. All moneys collected under the Cannabis Regulation and Tax Act shall be deposited into the Cannabis Regulation Fund, consisting of taxes, license fees, other fees, and any other amounts required to be deposited or transferred into the Fund.

(b) Whenever the Department of Revenue determines that a refund should be made under the Cannabis Regulation and Tax Act to a claimant, the Department of Revenue shall submit a voucher for payment to the State Comptroller, who shall cause the order to be drawn for the amount specified and to the person named in the notification from the Department of Revenue. This subsection (b) shall constitute an irrevocable and continuing appropriation of all amounts necessary for the payment of refunds out of the Fund as authorized under this subsection (b).

(b-5) Before any transfers are made under subsection (c), the transfers specified in subsection (b) of Section 1-75 of the Department of Human Services Act shall be made.

(c) On or before the 25th day of each calendar month, the Department of Revenue shall prepare and certify to the State Comptroller the transfer and allocations of stated sums of money from the Cannabis Regulation Fund to other named funds in the State treasury. The amount subject to transfer shall be the amount of the taxes, license fees, other fees, and any other amounts paid into the Fund during the second preceding calendar month, minus the refunds made under subsection (b) during the second preceding calendar month by the Department. The transfers shall be certified as follows:

(1) The Department of Revenue shall first determine the allocations which shall remain in the Cannabis Regulation Fund, subject to appropriations, to pay for the direct and indirect costs associated with the implementation, administration, and enforcement of the Cannabis Regulation and Tax Act by the Department of Revenue, the Department of State Police, the Department of Financial and Professional Regulation, the Department of Agriculture, the Department of Public Health, the Department of Commerce and Economic Opportunity, and the Illinois Criminal Justice Information Authority.

(2) After the allocations have been made as provided in paragraph (1) of this subsection (c), of the remainder of the amount subject to transfer for the month as determined in this subsection (c), the Department shall certify the transfer into the Cannabis Expungement Fund 1/12 of the fiscal year amount appropriated from the Cannabis Expungement Fund for payment of costs incurred by State courts, the Attorney General, State's Attorneys, civil legal aid, as defined by Section 15 of the Public Interest Attorney Assistance Act, and the Department of State Police to facilitate petitions for expungement of Minor Cannabis Offenses pursuant to Public Act 101-27, as adjusted by any supplemental appropriation, plus cumulative deficiencies in such transfers for prior months.

(3) After the allocations have been made as provided in paragraphs (1) and (2) of this subsection (c), the Department of Revenue shall certify to the State Comptroller and the State Treasurer shall transfer the amounts that the Department of Revenue determines shall be transferred into the following named funds according to the following:

(A) 2% shall be transferred to the Drug Treatment Fund to be used by the Department of Human Services for: (i) developing and administering a scientifically and medically accurate public education campaign educating youth and adults about the health and safety risks of alcohol, tobacco, illegal drug use (including prescription drugs), and cannabis, including use by pregnant women; and (ii) data collection and analysis of the public health impacts of legalizing the recreational use of cannabis. Expenditures for these purposes shall be subject to appropriations.

(B) 8% shall be transferred to the Local Government Distributive Fund and allocated as provided in Section 2 of the State Revenue Sharing Act. The moneys shall be used to fund crime prevention programs, training, and interdiction efforts, including detection, enforcement, and prevention efforts, relating to the illegal cannabis market and driving under the influence of cannabis.

(C) 25% shall be transferred to the Criminal Justice Information Projects Fund to be used for the purposes of the Restore, Reinvest, and Renew Program to address economic development, violence prevention services, re-entry services, youth development, and civil legal aid, as defined by Section 15 of the Public Interest Attorney Assistance Act. The Restore, Reinvest, and Renew Program shall address these issues through targeted investments and intervention programs and promotion of an employment infrastructure and capacity building related to the social determinants of health in impacted community areas. Expenditures for these purposes shall be subject to appropriations.

(D) 20% shall be transferred to the Department of Human Services Community Services Fund, to be used to address substance abuse and prevention and mental health concerns, including treatment, education, and prevention to address the negative impacts of substance abuse and mental health issues, including concentrated poverty, violence, and the historical overuse of criminal justice responses in certain communities, on the individual, family, and community, including federal, State, and local governments, health care institutions and providers, and correctional facilities. Expenditures for these purposes shall be subject to appropriations.

(E) 10% shall be transferred to the Budget Stabilization Fund.

(F) 35%, or any remaining balance, shall be transferred to the General Revenue Fund.

As soon as may be practical, but no later than 10 days after receipt, by the State Comptroller of the transfer certification provided for in this subsection (c) to be given to the State Comptroller by the Department of Revenue, the State Comptroller shall direct and the State Treasurer shall transfer the respective amounts in accordance with the directions contained in such certification.

(d) On July 1, 2019 the Department of Revenue shall certify to the State Comptroller and the State Treasurer shall transfer $5,000,000 from the Compassionate Use of Medical Cannabis Fund to the Cannabis Regulation Fund.

(e) Notwithstanding any other law to the contrary and except as otherwise provided in this Section, this Fund is not subject to sweeps, administrative charge-backs, or any other fiscal or budgetary maneuver that would in any way transfer any amounts from this Fund into any other fund of the State.

(f) The Cannabis Regulation Fund shall retain a balance of $1,000,000 for the purposes of administrative costs.

(g) In Fiscal Year 2024 the allocations in subsection (c) of this Section shall be reviewed and adjusted if the General Assembly finds there is a greater need for funding for a specific purpose in the State as it relates to Public Act 101-27.

(Source: P.A. 101-27, eff. 6-25-19; 102-558, eff. 8-20-21.)

Section 99. Effective date. This Act takes effect July 1, 2023.