Full Text of HB1196 96th General Assembly
HB1196ham003 96TH GENERAL ASSEMBLY
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Rep. Barbara Flynn Currie
Filed: 3/26/2009
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09600HB1196ham003 |
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LRB096 03641 HLH 24497 a |
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| AMENDMENT TO HOUSE BILL 1196
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| AMENDMENT NO. ______. Amend House Bill 1196, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The State Finance Act is amended by adding | 6 |
| Sections 5.719 and 6z-76 as follows: | 7 |
| (30 ILCS 105/5.719 new)
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| Sec. 5.719. The Healthcare Provider Relief Fund. | 9 |
| (30 ILCS 105/6z-76 new)
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| Sec. 6z-76. The Healthcare Provider Relief Fund. The | 11 |
| Healthcare Provider Relief Fund is created as a special fund in | 12 |
| the State treasury. Moneys in the Fund may be used, subject to | 13 |
| appropriation, by the Department of Healthcare and Family | 14 |
| Services only for the purpose of making reimbursements to | 15 |
| providers of goods or services under the medical assistance |
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| program under Article V of the Illinois Public Aid Code, the | 2 |
| Children's Health Insurance Program Act, the Covering All Kids | 3 |
| Health Insurance Act, and the pharmaceutical assistance | 4 |
| program under the Senior Citizens and Disabled Persons Property | 5 |
| Tax Relief and Pharmaceutical Assistance Act. The Department | 6 |
| shall make all such reimbursements from the Fund in the order | 7 |
| that claims for those reimbursements were received by the | 8 |
| Department. | 9 |
| Any interest earnings that are attributable to moneys in | 10 |
| the Fund must be deposited into the Fund. | 11 |
| The Healthcare Provider Relief Fund is not subject to | 12 |
| administrative charges or charge-backs, including, but not | 13 |
| limited to, those authorized under Section 8h of the State | 14 |
| Finance Act.
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| Section 10. The Tobacco Products Tax Act of 1995 is amended | 16 |
| by changing Section 10-10 as follows:
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| (35 ILCS 143/10-10)
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| Sec. 10-10. Tax imposed. On the first day of the third | 19 |
| month after the
month in which this Act becomes law and through | 20 |
| August 31, 2009 , a tax is imposed on any person engaged in
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| business as a distributor of tobacco products, as defined in | 22 |
| Section 10-5,
at the rate of 18% of the wholesale price of | 23 |
| tobacco products sold or otherwise
disposed of to retailers or | 24 |
| consumers located in this State. Beginning on September 1, |
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| 2009, the tax shall be imposed at the rate of 40% of the | 2 |
| wholesale price of tobacco products sold or otherwise
disposed | 3 |
| of to retailers or consumers located in this State. The tax | 4 |
| imposed by this Section shall be applied to the wholesale price | 5 |
| of tobacco products before any other applicable tax imposed by | 6 |
| the State, by the federal government, or by a unit of local | 7 |
| government. The tax is in
addition to all other
occupation or | 8 |
| privilege taxes imposed by the State of Illinois, by any
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| political subdivision thereof, or by any municipal | 10 |
| corporation. However, the
tax is not imposed upon any activity | 11 |
| in that business in interstate commerce or
otherwise, to the | 12 |
| extent to which that activity may not, under the Constitution
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| and Statutes of the United States, be made the subject of | 14 |
| taxation by this
State. The tax is also not imposed on sales | 15 |
| made to the United States or any
entity thereof.
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| For returns due before October 15, 2009, all All moneys | 17 |
| received by the Department under this Act shall be paid into
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| the Long-Term Care Provider Fund of the State Treasury. For | 19 |
| returns due on or after October 15, 2009, 78.92% of the moneys | 20 |
| received by the Department under this Act shall be paid into | 21 |
| the Long-Term Care Provider Fund; 10.54% of the moneys received | 22 |
| by the Department under this Act shall be paid into the | 23 |
| Healthcare Provider Relief Fund; and 10.54% of the moneys | 24 |
| received under this Act shall be remitted to the Illinois | 25 |
| Department of Public Health for support of tobacco prevention, | 26 |
| cessation, and control programs in accordance with the Centers |
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| for Disease Control and Prevention's 2007 Best Practices for | 2 |
| Comprehensive Tobacco Control Programs.
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| (Source: P.A. 92-231, eff. 8-2-01.)
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| Section 99. Effective date. This Act takes effect upon | 5 |
| becoming law.".
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