Illinois General Assembly - Full Text of HB0109
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Full Text of HB0109  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 1/14/2021, by Rep. Curtis J. Tarver, II


30 ILCS 105/6z-112

    Amends the State Finance Act. Modifies the allocation of moneys from the Cannabis Regulation Fund. Provides that 4% (currently 8%) of specified moneys shall be transferred to the Local Government Distributive Fund to be used for law enforcement training programs (currently, crime prevention programs, training, and interdiction efforts). Provides that 24% (currently, 20%) of specified moneys shall be transferred to the Department of Human Services Community Services Fund to be used for specified purposes. Makes conforming changes.

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HB0109LRB102 02791 RJF 12798 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 changing
5Section 6z-112 as follows:
6    (30 ILCS 105/6z-112)
7    Sec. 6z-112 6z-107. The Cannabis Regulation Fund.
8    (a) There is created the Cannabis Regulation Fund in the
9State treasury, subject to appropriations unless otherwise
10provided in this Section. All moneys collected under the
11Cannabis Regulation and Tax Act shall be deposited into the
12Cannabis Regulation Fund, consisting of taxes, license fees,
13other fees, and any other amounts required to be deposited or
14transferred into the Fund.
15    (b) Whenever the Department of Revenue determines that a
16refund should be made under the Cannabis Regulation and Tax
17Act to a claimant, the Department of Revenue shall submit a
18voucher for payment to the State Comptroller, who shall cause
19the order to be drawn for the amount specified and to the
20person named in the notification from the Department of
21Revenue. This subsection (b) shall constitute an irrevocable
22and continuing appropriation of all amounts necessary for the
23payment of refunds out of the Fund as authorized under this



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



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



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1        of the public health impacts of legalizing the
2        recreational use of cannabis. Expenditures for these
3        purposes shall be subject to appropriations.
4            (B) 4% 8% shall be transferred to the Local
5        Government Distributive Fund and allocated as provided
6        in Section 2 of the State Revenue Sharing Act. The
7        moneys shall be used to fund law enforcement training
8        programs that include: (i) the use of de-escalation
9        techniques to prevent or reduce the need for force
10        whenever safe and feasible; (ii) specific training on
11        officer safety techniques including cover,
12        concealment, and time; and (iii) training focused on
13        high risk traffic stops crime prevention programs,
14        training, and interdiction efforts, including
15        detection, enforcement, and prevention efforts,
16        relating to the illegal cannabis market and driving
17        under the influence of cannabis.
18            (C) 25% shall be transferred to the Criminal
19        Justice Information Projects Fund to be used for the
20        purposes of the Restore, Reinvest, and Renew Program
21        to address economic development, violence prevention
22        services, re-entry services, youth development, and
23        civil legal aid, as defined by Section 15 of the Public
24        Interest Attorney Assistance Act. The Restore,
25        Reinvest, and Renew Program shall address these issues
26        through targeted investments and intervention programs



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1        and promotion of an employment infrastructure and
2        capacity building related to the social determinants
3        of health in impacted community areas. Expenditures
4        for these purposes shall be subject to appropriations.
5            (D) 24% 20% shall be transferred to the Department
6        of Human Services Community Services Fund, to be used
7        to address substance abuse and prevention and mental
8        health concerns, including treatment, education, and
9        prevention to address the negative impacts of
10        substance abuse and mental health issues, including
11        concentrated poverty, violence, and the historical
12        overuse of criminal justice responses in certain
13        communities, on the individual, family, and community,
14        including federal, State, and local governments,
15        health care institutions and providers, and
16        correctional facilities. Expenditures for these
17        purposes shall be subject to appropriations.
18            (E) 10% shall be transferred to the Budget
19        Stabilization Fund.
20            (F) 35%, or any remaining balance, shall be
21        transferred to the General Revenue Fund.
22    As soon as may be practical, but no later than 10 days
23after receipt, by the State Comptroller of the transfer
24certification provided for in this subsection (c) to be given
25to the State Comptroller by the Department of Revenue, the
26State Comptroller shall direct and the State Treasurer shall



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1transfer the respective amounts in accordance with the
2directions contained in such certification.
3    (d) On July 1, 2019 the Department of Revenue shall
4certify to the State Comptroller and the State Treasurer shall
5transfer $5,000,000 from the Compassionate Use of Medical
6Cannabis Fund to the Cannabis Regulation Fund.
7    (e) Notwithstanding any other law to the contrary and
8except as otherwise provided in this Section, this Fund is not
9subject to sweeps, administrative charge-backs, or any other
10fiscal or budgetary maneuver that would in any way transfer
11any amounts from this Fund into any other fund of the State.
12    (f) The Cannabis Regulation Fund shall retain a balance of
13$1,000,000 for the purposes of administrative costs.
14    (g) In Fiscal Year 2024 the allocations in subsection (c)
15of this Section shall be reviewed and adjusted if the General
16Assembly finds there is a greater need for funding for a
17specific purpose in the State as it relates to Public Act
18101-27 this amendatory Act of the 101st General Assembly.
19(Source: P.A. 101-27, eff. 6-25-19; revised 9-23-19.)