Bill Text: IL HB5277 | 2019-2020 | 101st General Assembly | Introduced

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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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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5277 Introduced , by Rep. Robyn Gabel SYNOPSIS AS INTRODUCED:
30 ILCS 105/6z-112
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.
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A BILL FOR
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AN ACT concerning finance.
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 renumbering
and changing Section 6z-107 as added by Public Act 101-27 as
follows:
(30 ILCS 105/6z-112)
Sec. 6z-112 6z-107. 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

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refunds out of the Fund as authorized under this 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.
(2) After the allocations have been made as provided in
paragraph (1) of this subsection (c), of the remainder of
the amount subject to transfer for the month as determined

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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 this amendatory Act
of the 101st General Assembly, 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) 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
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

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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
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

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Human Services Community Services Fund, allocated
equally as follows: 10% to substance abuse treatment
providers and facilities licensed or certified under
77 Ill. Adm. Code 2060; and 10% to community mental
health centers licensed or certified under 59 Ill. Adm.
Code 132 and behavioral health clinics licensed or
certified under 89 Ill. Adm. Code 140.499. Moneys so
allocated shall 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

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State Comptroller shall direct and the State Treasurer shall
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 this amendatory Act of the 101st General Assembly.
(Source: P.A. 101-27, eff. 6-25-19; revised 9-23-19.)
Section 99. Effective date. This Act takes effect upon
becoming law.