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

HB0109ham001 102ND GENERAL ASSEMBLY

Rep. Curtis J. Tarver, II

Filed: 4/12/2021

 

 


 

 


 
10200HB0109ham001LRB102 02791 RJF 23373 a

1
AMENDMENT TO HOUSE BILL 109

2    AMENDMENT NO. ______. Amend House Bill 109 by replacing
3everything after the enacting clause with the following:
 
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

 

 

10200HB0109ham001- 2 -LRB102 02791 RJF 23373 a

1Act to a claimant, the Department of Revenue shall submit a
2voucher for payment to the State Comptroller, who shall cause
3the order to be drawn for the amount specified and to the
4person named in the notification from the Department of
5Revenue. This subsection (b) shall constitute an irrevocable
6and continuing appropriation of all amounts necessary for the
7payment of refunds out of the Fund as authorized under this
8subsection (b).
9    (c) On or before the 25th day of each calendar month, the
10Department of Revenue shall prepare and certify to the State
11Comptroller the transfer and allocations of stated sums of
12money from the Cannabis Regulation Fund to other named funds
13in the State treasury. The amount subject to transfer shall be
14the amount of the taxes, license fees, other fees, and any
15other amounts paid into the Fund during the second preceding
16calendar month, minus the refunds made under subsection (b)
17during the second preceding calendar month by the Department.
18The transfers shall be certified as follows:
19        (1) The Department of Revenue shall first determine
20    the allocations which shall remain in the Cannabis
21    Regulation Fund, subject to appropriations, to pay for the
22    direct and indirect costs associated with the
23    implementation, administration, and enforcement of the
24    Cannabis Regulation and Tax Act by the Department of
25    Revenue, the Department of State Police, the Department of
26    Financial and Professional Regulation, the Department of

 

 

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1    Agriculture, the Department of Public Health, the
2    Department of Commerce and Economic Opportunity, and the
3    Illinois Criminal Justice Information Authority.
4        (2) After the allocations have been made as provided
5    in paragraph (1) of this subsection (c), of the remainder
6    of the amount subject to transfer for the month as
7    determined in this subsection (c), the Department shall
8    certify the transfer into the Cannabis Expungement Fund
9    1/12 of the fiscal year amount appropriated from the
10    Cannabis Expungement Fund for payment of costs incurred by
11    State courts, the Attorney General, State's Attorneys,
12    civil legal aid, as defined by Section 15 of the Public
13    Interest Attorney Assistance Act, and the Department of
14    State Police to facilitate petitions for expungement of
15    Minor Cannabis Offenses pursuant to Public Act 101-27 this
16    amendatory Act of the 101st General Assembly, as adjusted
17    by any supplemental appropriation, plus cumulative
18    deficiencies in such transfers for prior months.
19        (3) After the allocations have been made as provided
20    in paragraphs (1) and (2) of this subsection (c), the
21    Department of Revenue shall certify to the State
22    Comptroller and the State Treasurer shall transfer the
23    amounts that the Department of Revenue determines shall be
24    transferred into the following named funds according to
25    the following:
26            (A) 2% shall be transferred to the Drug Treatment

 

 

10200HB0109ham001- 4 -LRB102 02791 RJF 23373 a

1        Fund to be used by the Department of Human Services
2        for: (i) developing and administering a scientifically
3        and medically accurate public education campaign
4        educating youth and adults about the health and safety
5        risks of alcohol, tobacco, illegal drug use (including
6        prescription drugs), and cannabis, including use by
7        pregnant women; and (ii) data collection and analysis
8        of the public health impacts of legalizing the
9        recreational use of cannabis. Expenditures for these
10        purposes shall be subject to appropriations.
11            (B) 8% shall be transferred to the Local
12        Government Distributive Fund and allocated as provided
13        in Section 2 of the State Revenue Sharing Act. Of the
14        moneys, 2% shall be used to fund law enforcement
15        training programs that include (i) the use of
16        de-escalation techniques to prevent or reduce the need
17        for force whenever safe and feasible, (ii) specific
18        training on officer safety techniques including cover,
19        concealment, and time, and (iii) training focused on
20        high risk traffic stops; 2% shall be used for the
21        purchase of body cameras; 2% shall be for law
22        enforcement to use at their discretion; 1% shall be
23        allocated to counties for costs associated with
24        pretrial services; and 1% shall be allocated to
25        counties for costs associated with juvenile
26        expungements The moneys shall be used to fund crime

 

 

10200HB0109ham001- 5 -LRB102 02791 RJF 23373 a

1        prevention programs, training, and interdiction
2        efforts, including detection, enforcement, and
3        prevention efforts, relating to the illegal cannabis
4        market and driving under the influence of cannabis.
5            (C) 25% shall be transferred to the Criminal
6        Justice Information Projects Fund to be used for the
7        purposes of the Restore, Reinvest, and Renew Program
8        to address economic development, violence prevention
9        services, re-entry services, youth development, and
10        civil legal aid, as defined by Section 15 of the Public
11        Interest Attorney Assistance Act. The Restore,
12        Reinvest, and Renew Program shall address these issues
13        through targeted investments and intervention programs
14        and promotion of an employment infrastructure and
15        capacity building related to the social determinants
16        of health in impacted community areas. Expenditures
17        for these purposes shall be subject to appropriations.
18            (D) 20% shall be transferred to the Department of
19        Human Services Community Services Fund, to be used to
20        address substance abuse and prevention and mental
21        health concerns, including treatment, education, and
22        prevention to address the negative impacts of
23        substance abuse and mental health issues, including
24        concentrated poverty, violence, and the historical
25        overuse of criminal justice responses in certain
26        communities, on the individual, family, and community,

 

 

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1        including federal, State, and local governments,
2        health care institutions and providers, and
3        correctional facilities. Expenditures for these
4        purposes shall be subject to appropriations.
5            (E) 10% shall be transferred to the Budget
6        Stabilization Fund.
7            (F) 35%, or any remaining balance, shall be
8        transferred to the General Revenue Fund.
9    As soon as may be practical, but no later than 10 days
10after receipt, by the State Comptroller of the transfer
11certification provided for in this subsection (c) to be given
12to the State Comptroller by the Department of Revenue, the
13State Comptroller shall direct and the State Treasurer shall
14transfer the respective amounts in accordance with the
15directions contained in such certification.
16    (d) On July 1, 2019 the Department of Revenue shall
17certify to the State Comptroller and the State Treasurer shall
18transfer $5,000,000 from the Compassionate Use of Medical
19Cannabis Fund to the Cannabis Regulation Fund.
20    (e) Notwithstanding any other law to the contrary and
21except as otherwise provided in this Section, this Fund is not
22subject to sweeps, administrative charge-backs, or any other
23fiscal or budgetary maneuver that would in any way transfer
24any amounts from this Fund into any other fund of the State.
25    (f) The Cannabis Regulation Fund shall retain a balance of
26$1,000,000 for the purposes of administrative costs.

 

 

10200HB0109ham001- 7 -LRB102 02791 RJF 23373 a

1    (g) In Fiscal Year 2024 the allocations in subsection (c)
2of this Section shall be reviewed and adjusted if the General
3Assembly finds there is a greater need for funding for a
4specific purpose in the State as it relates to Public Act
5101-27 this amendatory Act of the 101st General Assembly.
6(Source: P.A. 101-27, eff. 6-25-19; revised 9-23-19.)".