Illinois 2023-2024 Regular Session

Illinois House Bill HB3353 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3353 Introduced , by Rep. John M. Cabello - Dennis Tipsword, Jr. - Patrick Windhorst SYNOPSIS AS INTRODUCED: 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 A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3353 Introduced , by Rep. John M. Cabello - Dennis Tipsword, Jr. - Patrick Windhorst SYNOPSIS AS INTRODUCED: 30 ILCS 105/6z-112 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 LRB103 25650 HLH 51999 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3353 Introduced , by Rep. John M. Cabello - Dennis Tipsword, Jr. - Patrick Windhorst SYNOPSIS AS INTRODUCED:
3	3	30 ILCS 105/6z-112 30 ILCS 105/6z-112
4	4	30 ILCS 105/6z-112
5	5	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.
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8	8	A BILL FOR
9	9	HB3353LRB103 25650 HLH 51999 b HB3353 LRB103 25650 HLH 51999 b
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11	11	1 AN ACT concerning revenue.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The State Finance Act is amended by changing
15	15	5 Section 6z-112 as follows:
16	16	6 (30 ILCS 105/6z-112)
17	17	7 Sec. 6z-112. The Cannabis Regulation Fund.
18	18	8 (a) There is created the Cannabis Regulation Fund in the
19	19	9 State treasury, subject to appropriations unless otherwise
20	20	10 provided in this Section. All moneys collected under the
21	21	11 Cannabis Regulation and Tax Act shall be deposited into the
22	22	12 Cannabis Regulation Fund, consisting of taxes, license fees,
23	23	13 other fees, and any other amounts required to be deposited or
24	24	14 transferred into the Fund.
25	25	15 (b) Whenever the Department of Revenue determines that a
26	26	16 refund should be made under the Cannabis Regulation and Tax
27	27	17 Act to a claimant, the Department of Revenue shall submit a
28	28	18 voucher for payment to the State Comptroller, who shall cause
29	29	19 the order to be drawn for the amount specified and to the
30	30	20 person named in the notification from the Department of
31	31	21 Revenue. This subsection (b) shall constitute an irrevocable
32	32	22 and continuing appropriation of all amounts necessary for the
33	33	23 payment of refunds out of the Fund as authorized under this
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3353 Introduced , by Rep. John M. Cabello - Dennis Tipsword, Jr. - Patrick Windhorst SYNOPSIS AS INTRODUCED:
38	38	30 ILCS 105/6z-112 30 ILCS 105/6z-112
39	39	30 ILCS 105/6z-112
40	40	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.
41	41	LRB103 25650 HLH 51999 b LRB103 25650 HLH 51999 b
42	42	LRB103 25650 HLH 51999 b
43	43	A BILL FOR
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49	49	30 ILCS 105/6z-112
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68	68	1 subsection (b).
69	69	2 (c) On or before the 25th day of each calendar month, the
70	70	3 Department of Revenue shall prepare and certify to the State
71	71	4 Comptroller the transfer and allocations of stated sums of
72	72	5 money from the Cannabis Regulation Fund to other named funds
73	73	6 in the State treasury. The amount subject to transfer shall be
74	74	7 the amount of the taxes, license fees, other fees, and any
75	75	8 other amounts paid into the Fund during the second preceding
76	76	9 calendar month, minus the refunds made under subsection (b)
77	77	10 during the second preceding calendar month by the Department.
78	78	11 The transfers shall be certified as follows:
79	79	12 (1) The Department of Revenue shall first determine
80	80	13 the allocations which shall remain in the Cannabis
81	81	14 Regulation Fund, subject to appropriations, to pay for the
82	82	15 direct and indirect costs associated with the
83	83	16 implementation, administration, and enforcement of the
84	84	17 Cannabis Regulation and Tax Act by the Department of
85	85	18 Revenue, the Department of State Police, the Department of
86	86	19 Financial and Professional Regulation, the Department of
87	87	20 Agriculture, the Department of Public Health, the
88	88	21 Department of Commerce and Economic Opportunity, and the
89	89	22 Illinois Criminal Justice Information Authority.
90	90	23 (2) After the allocations have been made as provided
91	91	24 in paragraph (1) of this subsection (c), of the remainder
92	92	25 of the amount subject to transfer for the month as
93	93	26 determined in this subsection (c), the Department shall
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104	104	1 certify the transfer into the Cannabis Expungement Fund
105	105	2 1/12 of the fiscal year amount appropriated from the
106	106	3 Cannabis Expungement Fund for payment of costs incurred by
107	107	4 State courts, the Attorney General, State's Attorneys,
108	108	5 civil legal aid, as defined by Section 15 of the Public
109	109	6 Interest Attorney Assistance Act, and the Department of
110	110	7 State Police to facilitate petitions for expungement of
111	111	8 Minor Cannabis Offenses pursuant to Public Act 101-27, as
112	112	9 adjusted by any supplemental appropriation, plus
113	113	10 cumulative deficiencies in such transfers for prior
114	114	11 months.
115	115	12 (3) After the allocations have been made as provided
116	116	13 in paragraphs (1) and (2) of this subsection (c), the
117	117	14 Department of Revenue shall certify to the State
118	118	15 Comptroller and the State Treasurer shall transfer the
119	119	16 amounts that the Department of Revenue determines shall be
120	120	17 transferred into the following named funds according to
121	121	18 the following:
122	122	19 (A) 2% shall be transferred to the Drug Treatment
123	123	20 Fund to be used by the Department of Human Services
124	124	21 for: (i) developing and administering a scientifically
125	125	22 and medically accurate public education campaign
126	126	23 educating youth and adults about the health and safety
127	127	24 risks of alcohol, tobacco, illegal drug use (including
128	128	25 prescription drugs), and cannabis, including use by
129	129	26 pregnant women; and (ii) data collection and analysis
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140	140	1 of the public health impacts of legalizing the
141	141	2 recreational use of cannabis. Expenditures for these
142	142	3 purposes shall be subject to appropriations.
143	143	4 (B) 15% 8% shall be transferred to the Local
144	144	5 Government Distributive Fund and allocated as provided
145	145	6 in Section 2 of the State Revenue Sharing Act. Moneys
146	146	7 allocated to a county under this subparagraph shall be
147	147	8 directed to a fund that is under the control of the
148	148	9 sheriff of that county. The moneys shall be used to
149	149	10 fund crime prevention programs, training, and
150	150	11 interdiction efforts, including detection,
151	151	12 enforcement, and prevention efforts, relating to the
152	152	13 illegal cannabis market and driving under the
153	153	14 influence of cannabis.
154	154	15 (C) 25% shall be transferred to the Criminal
155	155	16 Justice Information Projects Fund to be used for the
156	156	17 purposes of the Restore, Reinvest, and Renew Program
157	157	18 to address economic development, violence prevention
158	158	19 services, re-entry services, youth development, and
159	159	20 civil legal aid, as defined by Section 15 of the Public
160	160	21 Interest Attorney Assistance Act. The Restore,
161	161	22 Reinvest, and Renew Program shall address these issues
162	162	23 through targeted investments and intervention programs
163	163	24 and promotion of an employment infrastructure and
164	164	25 capacity building related to the social determinants
165	165	26 of health in impacted community areas. Expenditures
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176	176	1 for these purposes shall be subject to appropriations.
177	177	2 (D) 20% shall be transferred to the Department of
178	178	3 Human Services Community Services Fund, to be used to
179	179	4 address substance abuse and prevention and mental
180	180	5 health concerns, including treatment, education, and
181	181	6 prevention to address the negative impacts of
182	182	7 substance abuse and mental health issues, including
183	183	8 concentrated poverty, violence, and the historical
184	184	9 overuse of criminal justice responses in certain
185	185	10 communities, on the individual, family, and community,
186	186	11 including federal, State, and local governments,
187	187	12 health care institutions and providers, and
188	188	13 correctional facilities. Expenditures for these
189	189	14 purposes shall be subject to appropriations.
190	190	15 (E) 10% shall be transferred to the Budget
191	191	16 Stabilization Fund.
192	192	17 (F) 28% 35%, or any remaining balance, shall be
193	193	18 transferred to the General Revenue Fund.
194	194	19 As soon as may be practical, but no later than 10 days
195	195	20 after receipt, by the State Comptroller of the transfer
196	196	21 certification provided for in this subsection (c) to be given
197	197	22 to the State Comptroller by the Department of Revenue, the
198	198	23 State Comptroller shall direct and the State Treasurer shall
199	199	24 transfer the respective amounts in accordance with the
200	200	25 directions contained in such certification.
201	201	26 (d) On July 1, 2019 the Department of Revenue shall
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212	212	1 certify to the State Comptroller and the State Treasurer shall
213	213	2 transfer $5,000,000 from the Compassionate Use of Medical
214	214	3 Cannabis Fund to the Cannabis Regulation Fund.
215	215	4 (e) Notwithstanding any other law to the contrary and
216	216	5 except as otherwise provided in this Section, this Fund is not
217	217	6 subject to sweeps, administrative charge-backs, or any other
218	218	7 fiscal or budgetary maneuver that would in any way transfer
219	219	8 any amounts from this Fund into any other fund of the State.
220	220	9 (f) The Cannabis Regulation Fund shall retain a balance of
221	221	10 $1,000,000 for the purposes of administrative costs.
222	222	11 (g) In Fiscal Year 2024 the allocations in subsection (c)
223	223	12 of this Section shall be reviewed and adjusted if the General
224	224	13 Assembly finds there is a greater need for funding for a
225	225	14 specific purpose in the State as it relates to Public Act
226	226	15 101-27.
227	227	16 (Source: P.A. 101-27, eff. 6-25-19; 102-558, eff. 8-20-21.)
228	228	17 Section 99. Effective date. This Act takes effect upon
229	229	18 becoming law.
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