Full Text of HB5860 101st General Assembly
HB5860 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB5860 Introduced 11/10/2020, by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED: |
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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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| | A BILL FOR |
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| 1 | | AN ACT concerning finance.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Finance Act is amended by changing | 5 | | Section 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 | 9 | | State treasury, subject to appropriations unless otherwise | 10 | | provided in this Section. All moneys collected under the | 11 | | Cannabis Regulation and Tax Act shall be deposited into the | 12 | | Cannabis Regulation Fund, consisting of taxes, license fees, | 13 | | other fees, and any other amounts required to be deposited or | 14 | | transferred into the Fund. | 15 | | (b) Whenever the Department of Revenue determines that a | 16 | | refund should be made under the Cannabis Regulation and Tax Act | 17 | | to a claimant, the Department of Revenue shall submit a voucher | 18 | | for payment to the State Comptroller, who shall cause the order | 19 | | to be drawn for the amount specified and to the person named in | 20 | | the notification from the Department of Revenue. This | 21 | | subsection (b) shall constitute an irrevocable and continuing | 22 | | appropriation of all amounts necessary for the payment of | 23 | | refunds out of the Fund as authorized under this subsection |
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| 1 | | (b). | 2 | | (c) On or before the 25th day of each calendar month, the | 3 | | Department of Revenue shall prepare and certify to the State | 4 | | Comptroller the transfer and allocations of stated sums of | 5 | | money from the Cannabis Regulation Fund to other named funds in | 6 | | the State treasury. The amount subject to transfer shall be the | 7 | | amount of the taxes, license fees, other fees, and any other | 8 | | amounts paid into the Fund during the second preceding calendar | 9 | | month, minus the refunds made under subsection (b) during the | 10 | | second preceding calendar month by the Department. The | 11 | | transfers shall be certified as follows: | 12 | | (1) The Department of Revenue shall first determine the | 13 | | allocations which shall remain in the Cannabis Regulation | 14 | | Fund, subject to appropriations, to pay for the direct and | 15 | | indirect costs associated with the implementation, | 16 | | administration, and enforcement of the Cannabis Regulation | 17 | | and Tax Act by the Department of Revenue, the Department of | 18 | | State Police, the Department of Financial and Professional | 19 | | Regulation, the Department of Agriculture, the Department | 20 | | of Public Health, the Department of Commerce and Economic | 21 | | Opportunity, and the Illinois Criminal Justice Information | 22 | | Authority. | 23 | | (2) After the allocations have been made as provided in | 24 | | paragraph (1) of this subsection (c), of the remainder of | 25 | | the amount subject to transfer for the month as determined | 26 | | in this subsection (c), the Department shall certify the |
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| 1 | | transfer into the Cannabis Expungement Fund 1/12 of the | 2 | | fiscal year amount appropriated from the Cannabis | 3 | | Expungement Fund for payment of costs incurred by State | 4 | | courts, the Attorney General, State's Attorneys, civil | 5 | | legal aid, as defined by Section 15 of the Public Interest | 6 | | Attorney Assistance Act, and the Department of State Police | 7 | | to facilitate petitions for expungement of Minor Cannabis | 8 | | Offenses pursuant to Public Act 101-27 this amendatory Act | 9 | | of the 101st General Assembly , as adjusted by any | 10 | | supplemental appropriation, plus cumulative deficiencies | 11 | | in such transfers for prior months. | 12 | | (3) After the allocations have been made as provided in | 13 | | 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 the | 18 | | 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 to | 21 | | 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 | 23 | | after receipt, by the State Comptroller of the transfer | 24 | | certification provided for in this subsection (c) to be given | 25 | | to the State Comptroller by the Department of Revenue, the | 26 | | State Comptroller shall direct and the State Treasurer shall |
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| 1 | | transfer the respective amounts in accordance with the | 2 | | directions contained in such certification. | 3 | | (d) On July 1, 2019 the Department of Revenue shall certify | 4 | | to the State Comptroller and the State Treasurer shall transfer | 5 | | $5,000,000 from the Compassionate Use of Medical Cannabis Fund | 6 | | to the Cannabis Regulation Fund. | 7 | | (e) Notwithstanding any other law to the contrary and | 8 | | except as otherwise provided in this Section, this Fund is not | 9 | | subject to sweeps, administrative charge-backs, or any other | 10 | | fiscal or budgetary maneuver that would in any way transfer any | 11 | | 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) | 15 | | of this Section shall be reviewed and adjusted if the General | 16 | | Assembly finds there is a greater need for funding for a | 17 | | specific purpose in the State as it relates to Public Act | 18 | | 101-27 this amendatory Act of the 101st General Assembly .
| 19 | | (Source: P.A. 101-27, eff. 6-25-19; revised 9-23-19.)
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