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| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB2145 Introduced 2/26/2021, by Sen. Dan McConchie SYNOPSIS AS INTRODUCED: |
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Amends the State Finance Act. Modifies the percentage allocation of specified remaining moneys in the Cannabis Regulation Fund to be transferred into specified funds.
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| | A BILL FOR |
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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 changing |
5 | | Section 6z-112 as follows: |
6 | | (30 ILCS 105/6z-112) |
7 | | Sec. 6z-112 6z-107 . 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 |
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1 | | 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 |
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1 | | 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 this |
9 | | amendatory Act of the 101st General Assembly , as adjusted |
10 | | by any supplemental appropriation, plus cumulative |
11 | | deficiencies in such transfers for prior 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) 1% 2% shall be transferred to the Drug |
20 | | Treatment Fund to be used by the Department of Human |
21 | | Services for: (i) developing and administering a |
22 | | scientifically and medically accurate public education |
23 | | campaign educating youth and adults about the health |
24 | | and safety risks of alcohol, tobacco, illegal drug use |
25 | | (including prescription drugs), and cannabis, |
26 | | including use by pregnant women; and (ii) data |
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1 | | collection and analysis of the public health impacts |
2 | | of legalizing the recreational use of cannabis. |
3 | | Expenditures for these purposes shall be subject to |
4 | | appropriations. |
5 | | (B) 8% shall be transferred to the Local |
6 | | Government Distributive Fund and allocated as provided |
7 | | in Section 2 of the State Revenue Sharing Act. The |
8 | | moneys shall be used to fund crime prevention |
9 | | programs, training, and interdiction efforts, |
10 | | including detection, enforcement, and prevention |
11 | | efforts, relating to the illegal cannabis market and |
12 | | driving under the influence of cannabis. |
13 | | (C) 20% 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 |
16 | | to 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) 15% 20% shall be transferred to the Department |
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1 | | of Human Services Community Services Fund, to be used |
2 | | to address substance abuse and prevention and mental |
3 | | health concerns, including treatment, education, and |
4 | | prevention to address the negative impacts of |
5 | | substance abuse and mental health issues, including |
6 | | concentrated poverty, violence, and the historical |
7 | | overuse of criminal justice responses in certain |
8 | | communities, on the individual, family, and community, |
9 | | including federal, State, and local governments, |
10 | | health care institutions and providers, and |
11 | | correctional facilities. Expenditures for these |
12 | | purposes shall be subject to appropriations. |
13 | | (E) 10% shall be transferred to the Budget |
14 | | Stabilization Fund. |
15 | | (F) 46% 35% , or any remaining balance, shall be |
16 | | transferred to the General Revenue Fund. |
17 | | As soon as may be practical, but no later than 10 days |
18 | | after receipt, by the State Comptroller of the transfer |
19 | | certification provided for in this subsection (c) to be given |
20 | | to the State Comptroller by the Department of Revenue, the |
21 | | State Comptroller shall direct and the State Treasurer shall |
22 | | transfer the respective amounts in accordance with the |
23 | | directions contained in such certification. |
24 | | (d) On July 1, 2019 the Department of Revenue shall |
25 | | certify to the State Comptroller and the State Treasurer shall |
26 | | transfer $5,000,000 from the Compassionate Use of Medical |
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1 | | Cannabis Fund to the Cannabis Regulation Fund. |
2 | | (e) Notwithstanding any other law to the contrary and |
3 | | except as otherwise provided in this Section, this Fund is not |
4 | | subject to sweeps, administrative charge-backs, or any other |
5 | | fiscal or budgetary maneuver that would in any way transfer |
6 | | any amounts from this Fund into any other fund of the State. |
7 | | (f) The Cannabis Regulation Fund shall retain a balance of |
8 | | $1,000,000 for the purposes of administrative costs. |
9 | | (g) In Fiscal Year 2024 the allocations in subsection (c) |
10 | | of this Section shall be reviewed and adjusted if the General |
11 | | Assembly finds there is a greater need for funding for a |
12 | | specific purpose in the State as it relates to Public Act |
13 | | 101-27 this amendatory Act of the 101st General Assembly .
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14 | | (Source: P.A. 101-27, eff. 6-25-19; revised 9-23-19.)
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