Full Text of HB5277 101st General Assembly
HB5277 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB5277 Introduced , by Rep. Robyn Gabel SYNOPSIS AS INTRODUCED: |
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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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| 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 renumbering | 5 | | and changing Section 6z-107 as added by Public Act 101-27 as | 6 | | follows: | 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 .
| 20 | | (Source: P.A. 101-27, eff. 6-25-19; revised 9-23-19.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.
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