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Full Text of HB1772
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HB1772 - 104th General Assembly
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Introduced
House Amendment 001
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1772
Introduced 1/28/2025, by Rep. Curtis J. Tarver, II
SYNOPSIS AS INTRODUCED:
30 ILCS 105/6z-112
Amends the State Finance Act. Modifies the allocation of moneys from
the Cannabis Regulation Fund. Provides that, of the 8% of funds
transferred to the Local Government Distributive Fund, 2% shall be used to
fund law enforcement training programs that include (i) the use of
de-escalation techniques to prevent or reduce the need for force whenever
safe and feasible, (ii) specific training on officer safety techniques
including cover, concealment, and time, and (iii) training focused on high
risk traffic stops; 2% shall be used for the purchase of body cameras; 2%
shall be for law enforcement to use at their discretion; 1% shall be
allocated to counties for costs associated with pretrial services; and 1%
shall be allocated to counties for costs associated with juvenile
expungements.
LRB104 08559 HLH 18611 b
A BILL FOR
HB1772
LRB104 08559 HLH 18611 b
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.
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
17
Act to a claimant, the Department of Revenue shall submit a
18
voucher for payment to the State Comptroller, who shall cause
19
the order to be drawn for the amount specified and to the
20
person named in the notification from the Department of
21
Revenue. This subsection (b) shall constitute an irrevocable
22
and continuing appropriation of all amounts necessary for the
23
payment of refunds out of the Fund as authorized under this
HB1772
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LRB104 08559 HLH 18611 b
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subsection (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
6
in the State treasury. The amount subject to transfer shall be
7
the amount of the taxes, license fees, other fees, and any
8
other amounts paid into the Fund during the second preceding
9
calendar month, minus the refunds made under subsection (b)
10
during the second preceding calendar month by the Department.
11
The transfers shall be certified as follows:
12
(1) The Department of Revenue shall first determine
13
the allocations which shall remain in the Cannabis
14
Regulation Fund, subject to appropriations, to pay for the
15
direct and indirect costs associated with the
16
implementation, administration, and enforcement of the
17
Cannabis Regulation and Tax Act by the Department of
18
Revenue, the Department of State Police, the Department of
19
Financial and Professional Regulation, the Department of
20
Agriculture, the Department of Public Health, the
21
Department of Commerce and Economic Opportunity, and the
22
Illinois Criminal Justice Information Authority.
23
(2) After the allocations have been made as provided
24
in paragraph (1) of this subsection (c), of the remainder
25
of the amount subject to transfer for the month as
26
determined in this subsection (c), the Department shall
HB1772
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certify the transfer into the Cannabis Expungement Fund
2
1/12 of the fiscal year amount appropriated from the
3
Cannabis Expungement Fund for payment of costs incurred by
4
State courts, the Attorney General, State's Attorneys,
5
civil legal aid, as defined by Section 15 of the Public
6
Interest Attorney Assistance Act, and the Department of
7
State Police to facilitate petitions for expungement of
8
Minor Cannabis Offenses pursuant to Public Act 101-27, as
9
adjusted by any supplemental appropriation, plus
10
cumulative deficiencies in such transfers for prior
11
months.
12
(3) After the allocations have been made as provided
13
in 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
18
the 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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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) 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.
Of the
7
moneys, 2% shall be used to fund law enforcement
8
training programs that include (i) the use of
9
de-escalation techniques to prevent or reduce the need
10
for force whenever safe and feasible, (ii) specific
11
training on officer safety techniques including cover,
12
concealment, and time, and (iii) training focused on
13
high risk traffic stops; 2% shall be used for the
14
purchase of body cameras; 2% shall be for law
15
enforcement to use at their discretion; 1% shall be
16
allocated to counties for costs associated with
17
pretrial services; and 1% shall be allocated to
18
counties for costs associated with juvenile
19
expungements
The moneys shall be used to fund crime
20
prevention programs, training, and interdiction
21
efforts, including detection, enforcement, and
22
prevention efforts, relating to the illegal cannabis
23
market and driving under the influence of cannabis
.
24
(C) 25% shall be transferred to the Criminal
25
Justice Information Projects Fund to be used for the
26
purposes of the Restore, Reinvest, and Renew Program
HB1772
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to address economic development, violence prevention
2
services, re-entry services, youth development, and
3
civil legal aid, as defined by Section 15 of the Public
4
Interest Attorney Assistance Act. The Restore,
5
Reinvest, and Renew Program shall address these issues
6
through targeted investments and intervention programs
7
and promotion of an employment infrastructure and
8
capacity building related to the social determinants
9
of health in impacted community areas. Expenditures
10
for these purposes shall be subject to appropriations.
11
(D) 20% shall be transferred to the Department of
12
Human Services Community Services Fund, to be used to
13
address substance abuse and prevention and mental
14
health concerns, including treatment, education, and
15
prevention to address the negative impacts of
16
substance abuse and mental health issues, including
17
concentrated poverty, violence, and the historical
18
overuse of criminal justice responses in certain
19
communities, on the individual, family, and community,
20
including federal, State, and local governments,
21
health care institutions and providers, and
22
correctional facilities. Expenditures for these
23
purposes shall be subject to appropriations.
24
(E) 10% shall be transferred to the Budget
25
Stabilization Fund.
26
(F) 35%, or any remaining balance, shall be
HB1772
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LRB104 08559 HLH 18611 b
1
transferred to the General Revenue Fund.
2
As soon as may be practical, but no later than 10 days
3
after receipt, by the State Comptroller of the transfer
4
certification provided for in this subsection (c) to be given
5
to the State Comptroller by the Department of Revenue, the
6
State Comptroller shall direct and the State Treasurer shall
7
transfer the respective amounts in accordance with the
8
directions contained in such certification.
9
(d) On July 1, 2019 the Department of Revenue shall
10
certify to the State Comptroller and the State Treasurer shall
11
transfer $5,000,000 from the Compassionate Use of Medical
12
Cannabis Fund to the Cannabis Regulation Fund.
13
(e) Notwithstanding any other law to the contrary and
14
except as otherwise provided in this Section, this Fund is not
15
subject to sweeps, administrative charge-backs, or any other
16
fiscal or budgetary maneuver that would in any way transfer
17
any amounts from this Fund into any other fund of the State.
18
(f) The Cannabis Regulation Fund shall retain a balance of
19
$1,000,000 for the purposes of administrative costs.
20
(g) In Fiscal Year 2024 the allocations in subsection (c)
21
of this Section shall be reviewed and adjusted if the General
22
Assembly finds there is a greater need for funding for a
23
specific purpose in the State as it relates to Public Act
24
101-27.
25
(Source: P.A. 101-27, eff. 6-25-19; 102-558, eff. 8-20-21.)
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