Bill Text: IL HB1055 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Public Community College Act. Provides that the Illinois Community College Board shall develop and maintain a program to provide free tuition at one community college in each R3 Area (designated as such under the Cannabis Regulation and Tax Act) using money appropriated from the Cannabis Regulation Fund. Authorizes the Board to adopt any rules necessary. Amends the State Finance Act to make related changes.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2023-03-10 - Rule 19(a) / Re-referred to Rules Committee [HB1055 Detail]

Download: Illinois-2023-HB1055-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1055 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED:
30 ILCS 105/6z-112
110 ILCS 805/2-30 new
Amends the Public Community College Act. Provides that the Illinois Community College Board shall develop and maintain a program to provide free tuition at one community college in each R3 Area (designated as such under the Cannabis Regulation and Tax Act) using money appropriated from the Cannabis Regulation Fund. Authorizes the Board to adopt any rules necessary. Amends the State Finance Act to make related changes.
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A BILL FOR
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AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Finance Act is amended by changing
Section 6z-112 as follows:
(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

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subsection (b).
(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.
(1.5) After the allocations have been made as provided
in paragraph (1) of this subsection (c), the Department of
Revenue shall determine the allocation that shall remain
in the Cannabis Regulation Fund, subject to appropriation,

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to provide free community college tuition under Section
2-30 of the Public Community College Act.
(2) After the allocations have been made as provided
in paragraphs paragraph (1) and (1.5) 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), (1.5), 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

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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

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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

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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 10. The Public Community College Act is amended by
adding Section 2-30 as follows:
(110 ILCS 805/2-30 new)
Sec. 2-30. Free community college tuition in R3 Areas. The
State Board shall develop and maintain a program to provide

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free tuition at one community college in each R3 Area, as
designated pursuant to Section 10-40 of the Cannabis
Regulation and Tax Act, using money appropriated from the
Cannabis Regulation Fund. The State Board shall provide the
Department of Revenue with any information the Department
requests concerning the costs of the program. The State Board
may adopt any rules necessary for the purposes of this
Section.