Illinois General Assembly - Full Text of HB3353
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Full Text of HB3353  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 2/17/2023, by Rep. John M. Cabello - Dennis Tipsword, Jr. - Patrick Windhorst


30 ILCS 105/6z-112

    Amends the State Finance Act. Increases the percentage of moneys that are transferred from the Cannabis Regulation Fund to the Local Government Distributive Fund. Provides that moneys allocated to counties under those provisions shall be directed to a fund under the control of the Sheriff. Effective immediately.

LRB103 25650 HLH 51999 b





HB3353LRB103 25650 HLH 51999 b

1    AN ACT concerning revenue.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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. 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
17Act to a claimant, the Department of Revenue shall submit a
18voucher for payment to the State Comptroller, who shall cause
19the order to be drawn for the amount specified and to the
20person named in the notification from the Department of
21Revenue. This subsection (b) shall constitute an irrevocable
22and continuing appropriation of all amounts necessary for the
23payment of refunds out of the Fund as authorized under this



HB3353- 2 -LRB103 25650 HLH 51999 b

1subsection (b).
2    (c) On or before the 25th day of each calendar month, the
3Department of Revenue shall prepare and certify to the State
4Comptroller the transfer and allocations of stated sums of
5money from the Cannabis Regulation Fund to other named funds
6in the State treasury. The amount subject to transfer shall be
7the amount of the taxes, license fees, other fees, and any
8other amounts paid into the Fund during the second preceding
9calendar month, minus the refunds made under subsection (b)
10during the second preceding calendar month by the Department.
11The 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, 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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1        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) 15% 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. Moneys
7        allocated to a county under this subparagraph shall be
8        directed to a fund that is under the control of the
9        sheriff of that county. The moneys shall be used to
10        fund crime prevention programs, training, and
11        interdiction efforts, including detection,
12        enforcement, and prevention efforts, relating to the
13        illegal cannabis market and driving under the
14        influence of cannabis.
15            (C) 25% shall be transferred to the Criminal
16        Justice Information Projects Fund to be used for the
17        purposes of the Restore, Reinvest, and Renew Program
18        to address economic development, violence prevention
19        services, re-entry services, youth development, and
20        civil legal aid, as defined by Section 15 of the Public
21        Interest Attorney Assistance Act. The Restore,
22        Reinvest, and Renew Program shall address these issues
23        through targeted investments and intervention programs
24        and promotion of an employment infrastructure and
25        capacity building related to the social determinants
26        of health in impacted community areas. Expenditures



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1        for these purposes shall be subject to appropriations.
2            (D) 20% shall be transferred to the Department of
3        Human Services Community Services Fund, to be used to
4        address substance abuse and prevention and mental
5        health concerns, including treatment, education, and
6        prevention to address the negative impacts of
7        substance abuse and mental health issues, including
8        concentrated poverty, violence, and the historical
9        overuse of criminal justice responses in certain
10        communities, on the individual, family, and community,
11        including federal, State, and local governments,
12        health care institutions and providers, and
13        correctional facilities. Expenditures for these
14        purposes shall be subject to appropriations.
15            (E) 10% shall be transferred to the Budget
16        Stabilization Fund.
17            (F) 28% 35%, or any remaining balance, shall be
18        transferred to the General Revenue Fund.
19    As soon as may be practical, but no later than 10 days
20after receipt, by the State Comptroller of the transfer
21certification provided for in this subsection (c) to be given
22to the State Comptroller by the Department of Revenue, the
23State Comptroller shall direct and the State Treasurer shall
24transfer the respective amounts in accordance with the
25directions contained in such certification.
26    (d) On July 1, 2019 the Department of Revenue shall



HB3353- 6 -LRB103 25650 HLH 51999 b

1certify to the State Comptroller and the State Treasurer shall
2transfer $5,000,000 from the Compassionate Use of Medical
3Cannabis Fund to the Cannabis Regulation Fund.
4    (e) Notwithstanding any other law to the contrary and
5except as otherwise provided in this Section, this Fund is not
6subject to sweeps, administrative charge-backs, or any other
7fiscal or budgetary maneuver that would in any way transfer
8any amounts from this Fund into any other fund of the State.
9    (f) The Cannabis Regulation Fund shall retain a balance of
10$1,000,000 for the purposes of administrative costs.
11    (g) In Fiscal Year 2024 the allocations in subsection (c)
12of this Section shall be reviewed and adjusted if the General
13Assembly finds there is a greater need for funding for a
14specific purpose in the State as it relates to Public Act
16(Source: P.A. 101-27, eff. 6-25-19; 102-558, eff. 8-20-21.)
17    Section 99. Effective date. This Act takes effect upon
18becoming law.