Sen. Chapin Rose

Filed: 3/17/2021





10200SB2145sam001LRB102 15676 RJF 23511 a


2    AMENDMENT NO. ______. Amend Senate Bill 2145 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The State Finance Act is amended by changing
5Section 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
9State treasury, subject to appropriations unless otherwise
10provided in this Section. All moneys collected under the
11Cannabis Regulation and Tax Act shall be deposited into the
12Cannabis Regulation Fund, consisting of taxes, license fees,
13other fees, and any other amounts required to be deposited or
14transferred into the Fund.
15    (b) Whenever the Department of Revenue determines that a
16refund should be made under the Cannabis Regulation and Tax



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1Act to a claimant, the Department of Revenue shall submit a
2voucher for payment to the State Comptroller, who shall cause
3the order to be drawn for the amount specified and to the
4person named in the notification from the Department of
5Revenue. This subsection (b) shall constitute an irrevocable
6and continuing appropriation of all amounts necessary for the
7payment of refunds out of the Fund as authorized under this
8subsection (b).
9    (c) On or before the 25th day of each calendar month, the
10Department of Revenue shall prepare and certify to the State
11Comptroller the transfer and allocations of stated sums of
12money from the Cannabis Regulation Fund to other named funds
13in the State treasury. The amount subject to transfer shall be
14the amount of the taxes, license fees, other fees, and any
15other amounts paid into the Fund during the second preceding
16calendar month, minus the refunds made under subsection (b)
17during the second preceding calendar month by the Department.
18The transfers shall be certified as follows:
19        (1) The Department of Revenue shall first determine
20    the allocations which shall remain in the Cannabis
21    Regulation Fund, subject to appropriations, to pay for the
22    direct and indirect costs associated with the
23    implementation, administration, and enforcement of the
24    Cannabis Regulation and Tax Act by the Department of
25    Revenue, the Department of State Police, the Department of
26    Financial and Professional Regulation, the Department of



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1    Agriculture, the Department of Public Health, the
2    Department of Commerce and Economic Opportunity, and the
3    Illinois Criminal Justice Information Authority.
4        (2) After the allocations have been made as provided
5    in paragraph (1) of this subsection (c), of the remainder
6    of the amount subject to transfer for the month as
7    determined in this subsection (c), the Department shall
8    certify the transfer into the Cannabis Expungement Fund
9    1/12 of the fiscal year amount appropriated from the
10    Cannabis Expungement Fund for payment of costs incurred by
11    State courts, the Attorney General, State's Attorneys,
12    civil legal aid, as defined by Section 15 of the Public
13    Interest Attorney Assistance Act, and the Department of
14    State Police to facilitate petitions for expungement of
15    Minor Cannabis Offenses pursuant to Public Act 101-27 this
16    amendatory Act of the 101st General Assembly, as adjusted
17    by any supplemental appropriation, plus cumulative
18    deficiencies in such transfers for prior months.
19        (3) After the allocations have been made as provided
20    in paragraphs (1) and (2) of this subsection (c), the
21    Department of Revenue shall certify to the State
22    Comptroller and the State Treasurer shall transfer the
23    amounts that the Department of Revenue determines shall be
24    transferred into the following named funds according to
25    the following:
26            (A) 1% 2% shall be transferred to the Drug



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1        Treatment Fund to be used by the Department of Human
2        Services for: (i) developing and administering a
3        scientifically and medically accurate public education
4        campaign educating youth and adults about the health
5        and safety risks of alcohol, tobacco, illegal drug use
6        (including prescription drugs), and cannabis,
7        including use by pregnant women; and (ii) data
8        collection and analysis of the public health impacts
9        of legalizing the recreational use of cannabis.
10        Expenditures for these purposes shall be subject to
11        appropriations.
12            (B) 8% shall be transferred to the Local
13        Government Distributive Fund and allocated as provided
14        in Section 2 of the State Revenue Sharing Act. The
15        moneys shall be used to fund crime prevention
16        programs, training, and interdiction efforts,
17        including detection, enforcement, and prevention
18        efforts, relating to the illegal cannabis market and
19        driving under the influence of cannabis.
20            (C) 20% 25% shall be transferred to the Criminal
21        Justice Information Projects Fund to be used for the
22        purposes of the Restore, Reinvest, and Renew Program
23        to address economic development, violence prevention
24        services, re-entry services, youth development, and
25        civil legal aid, as defined by Section 15 of the Public
26        Interest Attorney Assistance Act. The Restore,



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1        Reinvest, and Renew Program shall address these issues
2        through targeted investments and intervention programs
3        and promotion of an employment infrastructure and
4        capacity building related to the social determinants
5        of health in impacted community areas. Expenditures
6        for these purposes shall be subject to appropriations.
7            (D) 15% 20% shall be transferred to the Department
8        of Human Services Community Services Fund, to be used
9        to address substance abuse and prevention and mental
10        health concerns, including treatment, education, and
11        prevention to address the negative impacts of
12        substance abuse and mental health issues, including
13        concentrated poverty, violence, and the historical
14        overuse of criminal justice responses in certain
15        communities, on the individual, family, and community,
16        including federal, State, and local governments,
17        health care institutions and providers, and
18        correctional facilities. Expenditures for these
19        purposes shall be subject to appropriations.
20            (E) 10% shall be transferred to the Budget
21        Stabilization Fund.
22            (E-5) 11% shall be transferred to the State
23        Pensions Fund to be used as supplementary
24        contributions to the State Employees' Retirement
25        System, the Teachers' Retirement System, and the State
26        Universities Retirement System as follows: (i) 3% to



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1        the State Employees' Retirement System; (ii) 4% to the
2        Teachers' Retirement System; and (iii) 4% to the State
3        Universities Retirement System. These supplementary
4        contributions shall be made in addition to, and not in
5        lieu of, any State contributions required under the
6        Illinois Pension Code.
7            (F) 35%, or any remaining balance, shall be
8        transferred to the General Revenue Fund.
9    As soon as may be practical, but no later than 10 days
10after receipt, by the State Comptroller of the transfer
11certification provided for in this subsection (c) to be given
12to the State Comptroller by the Department of Revenue, the
13State Comptroller shall direct and the State Treasurer shall
14transfer the respective amounts in accordance with the
15directions contained in such certification.
16    (d) On July 1, 2019 the Department of Revenue shall
17certify to the State Comptroller and the State Treasurer shall
18transfer $5,000,000 from the Compassionate Use of Medical
19Cannabis Fund to the Cannabis Regulation Fund.
20    (e) Notwithstanding any other law to the contrary and
21except as otherwise provided in this Section, this Fund is not
22subject to sweeps, administrative charge-backs, or any other
23fiscal or budgetary maneuver that would in any way transfer
24any amounts from this Fund into any other fund of the State.
25    (f) The Cannabis Regulation Fund shall retain a balance of
26$1,000,000 for the purposes of administrative costs.



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1    (g) In Fiscal Year 2024 the allocations in subsection (c)
2of this Section shall be reviewed and adjusted if the General
3Assembly finds there is a greater need for funding for a
4specific purpose in the State as it relates to Public Act
5101-27 this amendatory Act of the 101st General Assembly.
6(Source: P.A. 101-27, eff. 6-25-19; revised 9-23-19.)".