101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5277

 

Introduced , by Rep. Robyn Gabel

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 105/6z-112

    Amends the State Finance Act. In provisions regarding the Cannabis Regulation Fund, provides that of the 20% of specified moneys transferred to the Department of Human Services Community Services Fund 10% shall be allocated to substance abuse treatment providers and facilities and 10% shall be allocated to community mental health centers and behavioral health clinics. Effective immediately.


LRB101 18727 CPF 68182 b

 

 

A BILL FOR

 

HB5277LRB101 18727 CPF 68182 b

1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Finance Act is amended by renumbering
5and changing Section 6z-107 as added by Public Act 101-27 as
6follows:
 
7    (30 ILCS 105/6z-112)
8    Sec. 6z-112 6z-107. The Cannabis Regulation Fund.
9    (a) There is created the Cannabis Regulation Fund in the
10State treasury, subject to appropriations unless otherwise
11provided in this Section. All moneys collected under the
12Cannabis Regulation and Tax Act shall be deposited into the
13Cannabis Regulation Fund, consisting of taxes, license fees,
14other fees, and any other amounts required to be deposited or
15transferred into the Fund.
16    (b) Whenever the Department of Revenue determines that a
17refund should be made under the Cannabis Regulation and Tax Act
18to a claimant, the Department of Revenue shall submit a voucher
19for payment to the State Comptroller, who shall cause the order
20to be drawn for the amount specified and to the person named in
21the notification from the Department of Revenue. This
22subsection (b) shall constitute an irrevocable and continuing
23appropriation of all amounts necessary for the payment of

 

 

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1refunds out of the Fund as authorized under this subsection
2(b).
3    (c) On or before the 25th day of each calendar month, the
4Department of Revenue shall prepare and certify to the State
5Comptroller the transfer and allocations of stated sums of
6money from the Cannabis Regulation Fund to other named funds in
7the State treasury. The amount subject to transfer shall be the
8amount of the taxes, license fees, other fees, and any other
9amounts paid into the Fund during the second preceding calendar
10month, minus the refunds made under subsection (b) during the
11second preceding calendar month by the Department. The
12transfers shall be certified as follows:
13        (1) The Department of Revenue shall first determine the
14    allocations which shall remain in the Cannabis Regulation
15    Fund, subject to appropriations, to pay for the direct and
16    indirect costs associated with the implementation,
17    administration, and enforcement of the Cannabis Regulation
18    and Tax Act by the Department of Revenue, the Department of
19    State Police, the Department of Financial and Professional
20    Regulation, the Department of Agriculture, the Department
21    of Public Health, the Department of Commerce and Economic
22    Opportunity, and the Illinois Criminal Justice Information
23    Authority.
24        (2) After the allocations have been made as provided in
25    paragraph (1) of this subsection (c), of the remainder of
26    the amount subject to transfer for the month as determined

 

 

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1    in this subsection (c), the Department shall certify the
2    transfer into the Cannabis Expungement Fund 1/12 of the
3    fiscal year amount appropriated from the Cannabis
4    Expungement Fund for payment of costs incurred by State
5    courts, the Attorney General, State's Attorneys, civil
6    legal aid, as defined by Section 15 of the Public Interest
7    Attorney Assistance Act, and the Department of State Police
8    to facilitate petitions for expungement of Minor Cannabis
9    Offenses pursuant to Public Act 101-27 this amendatory Act
10    of the 101st General Assembly, as adjusted by any
11    supplemental appropriation, plus cumulative deficiencies
12    in such transfers for prior months.
13        (3) After the allocations have been made as provided in
14    paragraphs (1) and (2) of this subsection (c), the
15    Department of Revenue shall certify to the State
16    Comptroller and the State Treasurer shall transfer the
17    amounts that the Department of Revenue determines shall be
18    transferred into the following named funds according to the
19    following:
20            (A) 2% shall be transferred to the Drug Treatment
21        Fund to be used by the Department of Human Services
22        for: (i) developing and administering a scientifically
23        and medically accurate public education campaign
24        educating youth and adults about the health and safety
25        risks of alcohol, tobacco, illegal drug use (including
26        prescription drugs), and cannabis, including use by

 

 

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1        pregnant women; and (ii) data collection and analysis
2        of the public health impacts of legalizing the
3        recreational use of cannabis. Expenditures for these
4        purposes shall be subject to appropriations.
5            (B) 8% shall be transferred to the Local Government
6        Distributive Fund and allocated as provided in Section
7        2 of the State Revenue Sharing Act. The moneys shall be
8        used to fund crime prevention programs, training, and
9        interdiction efforts, including detection,
10        enforcement, and prevention efforts, relating to the
11        illegal cannabis market and driving under the
12        influence of cannabis.
13            (C) 25% shall be transferred to the Criminal
14        Justice Information Projects Fund to be used for the
15        purposes of the Restore, Reinvest, and Renew Program to
16        address economic development, violence prevention
17        services, re-entry services, youth development, and
18        civil legal aid, as defined by Section 15 of the Public
19        Interest Attorney Assistance Act. The Restore,
20        Reinvest, and Renew Program shall address these issues
21        through targeted investments and intervention programs
22        and promotion of an employment infrastructure and
23        capacity building related to the social determinants
24        of health in impacted community areas. Expenditures
25        for these purposes shall be subject to appropriations.
26            (D) 20% shall be transferred to the Department of

 

 

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1        Human Services Community Services Fund, allocated
2        equally as follows: 10% to substance abuse treatment
3        providers and facilities licensed or certified under
4        77 Ill. Adm. Code 2060; and 10% to community mental
5        health centers licensed or certified under 59 Ill. Adm.
6        Code 132 and behavioral health clinics licensed or
7        certified under 89 Ill. Adm. Code 140.499. Moneys so
8        allocated shall to be used to address substance abuse
9        and prevention and mental health concerns, including
10        treatment, education, and prevention to address the
11        negative impacts of substance abuse and mental health
12        issues, including concentrated poverty, violence, and
13        the historical overuse of criminal justice responses
14        in certain communities, on the individual, family, and
15        community, including federal, State, and local
16        governments, health care institutions and providers,
17        and correctional facilities. Expenditures for these
18        purposes shall be subject to appropriations.
19            (E) 10% shall be transferred to the Budget
20        Stabilization Fund.
21            (F) 35%, or any remaining balance, shall be
22        transferred to the General Revenue Fund.
23    As soon as may be practical, but no later than 10 days
24after receipt, by the State Comptroller of the transfer
25certification provided for in this subsection (c) to be given
26to the State Comptroller by the Department of Revenue, the

 

 

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1State Comptroller shall direct and the State Treasurer shall
2transfer the respective amounts in accordance with the
3directions contained in such certification.
4    (d) On July 1, 2019 the Department of Revenue shall certify
5to the State Comptroller and the State Treasurer shall transfer
6$5,000,000 from the Compassionate Use of Medical Cannabis Fund
7to the Cannabis Regulation Fund.
8    (e) Notwithstanding any other law to the contrary and
9except as otherwise provided in this Section, this Fund is not
10subject to sweeps, administrative charge-backs, or any other
11fiscal or budgetary maneuver that would in any way transfer any
12amounts from this Fund into any other fund of the State.
13    (f) The Cannabis Regulation Fund shall retain a balance of
14$1,000,000 for the purposes of administrative costs.
15    (g) In Fiscal Year 2024 the allocations in subsection (c)
16of this Section shall be reviewed and adjusted if the General
17Assembly finds there is a greater need for funding for a
18specific purpose in the State as it relates to Public Act
19101-27 this amendatory Act of the 101st General Assembly.
20(Source: P.A. 101-27, eff. 6-25-19; revised 9-23-19.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.