Illinois General Assembly - Full Text of SB2145
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Full Text of SB2145  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 2/26/2021, by Sen. Dan McConchie


30 ILCS 105/6z-112

    Amends the State Finance Act. Modifies the percentage allocation of specified remaining moneys in the Cannabis Regulation Fund to be transferred into specified funds.

LRB102 15676 RJF 21040 b





SB2145LRB102 15676 RJF 21040 b

1    AN ACT concerning finance.
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 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
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



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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 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
18after receipt, by the State Comptroller of the transfer
19certification provided for in this subsection (c) to be given
20to the State Comptroller by the Department of Revenue, the
21State Comptroller shall direct and the State Treasurer shall
22transfer the respective amounts in accordance with the
23directions contained in such certification.
24    (d) On July 1, 2019 the Department of Revenue shall
25certify to the State Comptroller and the State Treasurer shall
26transfer $5,000,000 from the Compassionate Use of Medical



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1Cannabis Fund to the Cannabis Regulation Fund.
2    (e) Notwithstanding any other law to the contrary and
3except as otherwise provided in this Section, this Fund is not
4subject to sweeps, administrative charge-backs, or any other
5fiscal or budgetary maneuver that would in any way transfer
6any 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)
10of this Section shall be reviewed and adjusted if the General
11Assembly finds there is a greater need for funding for a
12specific purpose in the State as it relates to Public Act
13101-27 this amendatory Act of the 101st General Assembly.
14(Source: P.A. 101-27, eff. 6-25-19; revised 9-23-19.)