Bill Text: IL HB5277 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-02-18 - Referred to Rules Committee [HB5277 Detail]
Download: Illinois-2019-HB5277-Introduced.html
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1 | AN ACT concerning finance.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The State Finance Act is amended by renumbering | |||||||||||||||||||
5 | and changing Section 6z-107 as added by Public Act 101-27 as | |||||||||||||||||||
6 | follows:
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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 | |||||||||||||||||||
10 | State treasury, subject to appropriations unless otherwise | |||||||||||||||||||
11 | provided in this Section. All moneys collected under the | |||||||||||||||||||
12 | Cannabis Regulation and Tax Act shall be deposited into the | |||||||||||||||||||
13 | Cannabis Regulation Fund, consisting of taxes, license fees, | |||||||||||||||||||
14 | other fees, and any other amounts required to be deposited or | |||||||||||||||||||
15 | transferred into the Fund. | |||||||||||||||||||
16 | (b) Whenever the Department of Revenue determines that a | |||||||||||||||||||
17 | refund should be made under the Cannabis Regulation and Tax Act | |||||||||||||||||||
18 | to a claimant, the Department of Revenue shall submit a voucher | |||||||||||||||||||
19 | for payment to the State Comptroller, who shall cause the order | |||||||||||||||||||
20 | to be drawn for the amount specified and to the person named in | |||||||||||||||||||
21 | the notification from the Department of Revenue. This | |||||||||||||||||||
22 | subsection (b) shall constitute an irrevocable and continuing | |||||||||||||||||||
23 | appropriation of all amounts necessary for the payment of |
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1 | refunds out of the Fund as authorized under this subsection | ||||||
2 | (b). | ||||||
3 | (c) On or before the 25th day of each calendar month, the | ||||||
4 | Department of Revenue shall prepare and certify to the State | ||||||
5 | Comptroller the transfer and allocations of stated sums of | ||||||
6 | money from the Cannabis Regulation Fund to other named funds in | ||||||
7 | the State treasury. The amount subject to transfer shall be the | ||||||
8 | amount of the taxes, license fees, other fees, and any other | ||||||
9 | amounts paid into the Fund during the second preceding calendar | ||||||
10 | month, minus the refunds made under subsection (b) during the | ||||||
11 | second preceding calendar month by the Department. The | ||||||
12 | transfers 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 | ||||||
24 | after receipt, by the State Comptroller of the transfer | ||||||
25 | certification provided for in this subsection (c) to be given | ||||||
26 | to the State Comptroller by the Department of Revenue, the |
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1 | State Comptroller shall direct and the State Treasurer shall | ||||||
2 | transfer the respective amounts in accordance with the | ||||||
3 | directions contained in such certification. | ||||||
4 | (d) On July 1, 2019 the Department of Revenue shall certify | ||||||
5 | to the State Comptroller and the State Treasurer shall transfer | ||||||
6 | $5,000,000 from the Compassionate Use of Medical Cannabis Fund | ||||||
7 | to the Cannabis Regulation Fund. | ||||||
8 | (e) Notwithstanding any other law to the contrary and | ||||||
9 | except as otherwise provided in this Section, this Fund is not | ||||||
10 | subject to sweeps, administrative charge-backs, or any other | ||||||
11 | fiscal or budgetary maneuver that would in any way transfer any | ||||||
12 | amounts 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) | ||||||
16 | of this Section shall be reviewed and adjusted if the General | ||||||
17 | Assembly finds there is a greater need for funding for a | ||||||
18 | specific purpose in the State as it relates to Public Act | ||||||
19 | 101-27 this amendatory Act of the 101st General Assembly .
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20 | (Source: P.A. 101-27, eff. 6-25-19; revised 9-23-19.)
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21 | Section 99. Effective date. This Act takes effect upon | ||||||
22 | becoming law.
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