Full Text of HB0193 98th General Assembly
HB0193eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Finance Act is amended by changing | 5 | | Section 6z-18 as follows:
| 6 | | (30 ILCS 105/6z-18) (from Ch. 127, par. 142z-18)
| 7 | | Sec. 6z-18.
A portion of the money paid into the Local | 8 | | Government Tax
Fund from sales of food for human consumption | 9 | | which is to be consumed off
the premises where it is sold | 10 | | (other than alcoholic beverages, soft drinks
and food which has | 11 | | been prepared for immediate consumption) and
prescription and | 12 | | nonprescription medicines, drugs, medical appliances and
| 13 | | insulin, urine testing materials, syringes and needles used by | 14 | | diabetics,
which occurred in municipalities, shall be | 15 | | distributed to each municipality
based upon the sales which | 16 | | occurred in that municipality. The remainder
shall be | 17 | | distributed to each county based upon the sales which occurred | 18 | | in
the unincorporated area of that county.
| 19 | | A portion of the money paid into the Local Government Tax | 20 | | Fund from the
6.25% general use tax rate on the selling price | 21 | | of tangible personal
property which is purchased outside | 22 | | Illinois at retail from a retailer and
which is titled or | 23 | | registered by any agency of this State's government
shall be |
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| 1 | | distributed to municipalities as provided in this paragraph. | 2 | | Each
municipality shall receive the amount attributable to | 3 | | sales for which
Illinois addresses for titling or registration | 4 | | purposes are given as being
in such municipality. The remainder | 5 | | of the money paid into the Local
Government Tax Fund from such | 6 | | sales shall be distributed to counties. Each
county shall | 7 | | receive the amount attributable to sales for which Illinois
| 8 | | addresses for titling or registration purposes are given as | 9 | | being located
in the unincorporated area of such county.
| 10 | | A portion of the money paid into the Local Government Tax | 11 | | Fund from the
6.25% general rate (and, beginning July 1, 2000 | 12 | | and through December 31,
2000, the 1.25% rate on motor fuel and | 13 | | gasohol, and beginning on August 6, 2010 through August 15, | 14 | | 2010, the 1.25% rate on sales tax holiday items) on sales
| 15 | | subject to taxation under the Retailers'
Occupation Tax Act and | 16 | | the Service Occupation Tax Act, which occurred in
| 17 | | municipalities, shall be distributed to each municipality, | 18 | | based upon the
sales which occurred in that municipality. The | 19 | | remainder shall be
distributed to each county, based upon the | 20 | | sales which occurred in the
unincorporated area of such county.
| 21 | | For the purpose of determining allocation to the local | 22 | | government unit, a
retail sale by a producer of coal or other | 23 | | mineral mined in Illinois is a sale
at retail at the place | 24 | | where the coal or other mineral mined in Illinois is
extracted | 25 | | from the earth. This paragraph does not apply to coal or other
| 26 | | mineral when it is delivered or shipped by the seller to the |
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| 1 | | purchaser at a
point outside Illinois so that the sale is | 2 | | exempt under the United States
Constitution as a sale in | 3 | | interstate or foreign commerce.
| 4 | | Whenever the Department determines that a refund of money | 5 | | paid into
the Local Government Tax Fund should be made to a | 6 | | claimant instead of
issuing a credit memorandum, the Department | 7 | | shall notify the State
Comptroller, who shall cause the order | 8 | | to be drawn for the amount
specified, and to the person named, | 9 | | in such notification from the
Department. Such refund shall be | 10 | | paid by the State Treasurer out of the
Local Government Tax | 11 | | Fund.
| 12 | | As soon as possible after the first day of each month, | 13 | | beginning January 1, 2011, upon certification of the Department | 14 | | of Revenue, the Comptroller shall order transferred, and the | 15 | | Treasurer shall transfer, to the STAR Bonds Revenue Fund the | 16 | | local sales tax increment, as defined in the Innovation | 17 | | Development and Economy Act, collected during the second | 18 | | preceding calendar month for sales within a STAR bond district | 19 | | and deposited into the Local Government Tax Fund, less 3% of | 20 | | that amount, which shall be transferred into the Tax Compliance | 21 | | and Administration Fund and shall be used by the Department, | 22 | | subject to appropriation, to cover the costs of the Department | 23 | | in administering the Innovation Development and Economy Act. | 24 | | After the monthly transfer to the STAR Bonds Revenue Fund, | 25 | | on or before the 25th day of each calendar month, the | 26 | | Department shall
prepare and certify to the Comptroller the |
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| 1 | | disbursement of stated sums of
money to named municipalities | 2 | | and counties, the municipalities and counties
to be those | 3 | | entitled to distribution of taxes or penalties paid to the
| 4 | | Department during the second preceding calendar month. The | 5 | | amount to be
paid to each municipality or county shall be the | 6 | | amount (not including
credit memoranda) collected during the | 7 | | second preceding calendar month by
the Department and paid into | 8 | | the Local Government Tax Fund, plus an amount
the Department | 9 | | determines is necessary to offset any amounts which were
| 10 | | erroneously paid to a different taxing body, and not including | 11 | | an amount
equal to the amount of refunds made during the second | 12 | | preceding calendar
month by the Department, and not including | 13 | | any amount which the Department
determines is necessary to | 14 | | offset any amounts which are payable to a
different taxing body | 15 | | but were erroneously paid to the municipality or
county, and | 16 | | not including any amounts that are transferred to the STAR | 17 | | Bonds Revenue Fund. Within 10 days after receipt, by the | 18 | | Comptroller, of the
disbursement certification to the | 19 | | municipalities and counties, provided for
in this Section to be | 20 | | given to the Comptroller by the Department, the
Comptroller | 21 | | shall cause the orders to be drawn for the respective amounts
| 22 | | in accordance with the directions contained in such | 23 | | certification.
| 24 | | When certifying the amount of monthly disbursement to a | 25 | | municipality or
county under this Section, the Department shall | 26 | | increase or decrease that
amount by an amount necessary to |
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| 1 | | offset any misallocation of previous
disbursements. The offset | 2 | | amount shall be the amount erroneously disbursed
within the 6 | 3 | | months preceding the time a misallocation is discovered.
| 4 | | The provisions directing the distributions from the | 5 | | special fund in
the State Treasury provided for in this Section | 6 | | shall constitute an
irrevocable and continuing appropriation | 7 | | of all amounts as provided herein.
The State Treasurer and | 8 | | State Comptroller are hereby authorized to make
distributions | 9 | | as provided in this Section.
| 10 | | In construing any development, redevelopment, annexation, | 11 | | preannexation
or other lawful agreement in effect prior to | 12 | | September 1, 1990, which
describes or refers to receipts from a | 13 | | county or municipal retailers'
occupation tax, use tax or | 14 | | service occupation tax which now cannot be
imposed, such | 15 | | description or reference shall be deemed to include the
| 16 | | replacement revenue for such abolished taxes, distributed from | 17 | | the Local
Government Tax Fund.
| 18 | | As soon as possible after the effective date of this | 19 | | amendatory Act of the 98th General Assembly, the State | 20 | | Comptroller shall order and the State Treasurer shall transfer | 21 | | $6,600,000 from the Local Government Tax Fund to the Illinois | 22 | | State Medical Disciplinary Fund. | 23 | | (Source: P.A. 96-939, eff. 6-24-10; 96-1012, eff. 7-7-10; | 24 | | 97-333, eff. 8-12-11.)
| 25 | | Section 10. The Medical Practice Act of 1987 is amended by |
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| 1 | | changing Section 21 as follows:
| 2 | | (225 ILCS 60/21) (from Ch. 111, par. 4400-21)
| 3 | | (Section scheduled to be repealed on December 31, 2013)
| 4 | | Sec. 21. License renewal; restoration; inactive status; | 5 | | disposition and
collection of fees. | 6 | | (A) Renewal. The expiration date and renewal period for | 7 | | each
license issued under this Act shall be set by rule. The | 8 | | holder of a
license may renew the license by paying the | 9 | | required fee. The
holder of a
license may also renew the | 10 | | license within 90 days after its expiration by
complying with | 11 | | the requirements for renewal and payment of an additional
fee. | 12 | | A license renewal within 90 days after expiration shall be | 13 | | effective
retroactively to the expiration date.
| 14 | | The Department shall mail to each licensee under this
Act, | 15 | | at his or her address of record, at least
60 days
in advance of | 16 | | the expiration date of his or her license, a renewal notice. No | 17 | | such
license shall be deemed to have lapsed until 90 days after | 18 | | the expiration
date and after such notice has been mailed by | 19 | | the
Department as herein provided.
| 20 | | (B) Restoration. Any licensee who has permitted his or her
| 21 | | license to lapse or who has had his or her license on inactive
| 22 | | status may have his or her license restored by making | 23 | | application
to the Department and filing proof acceptable to | 24 | | the
Department of his or her fitness to have the
license | 25 | | restored,
including evidence certifying to active practice in |
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| 1 | | another
jurisdiction satisfactory to the Department, proof of | 2 | | meeting the continuing
education requirements for one renewal | 3 | | period, and by paying
the required restoration fee.
| 4 | | If the licensee has not maintained an active practice
in | 5 | | another jurisdiction satisfactory to the Department, the
| 6 | | Licensing Board shall determine, by an evaluation program
| 7 | | established by rule, the applicant's fitness to resume active
| 8 | | status
and may require the licensee to complete a period of
| 9 | | evaluated clinical experience and may require successful
| 10 | | completion of a practical examination specified by the | 11 | | Licensing Board.
| 12 | | However, any registrant whose license has expired while
he | 13 | | or she has been engaged (a) in Federal Service on active
duty
| 14 | | with the Army of the United States, the United States Navy,
the | 15 | | Marine Corps, the Air Force, the Coast Guard, the Public
Health | 16 | | Service or the State Militia called into the service
or | 17 | | training of the United States of America, or (b) in
training or | 18 | | education under the supervision of the United
States | 19 | | preliminary to induction into the military service,
may have | 20 | | his or her license reinstated or restored without paying
any | 21 | | lapsed renewal fees, if within 2 years after honorable
| 22 | | termination of such service, training, or education, he or she
| 23 | | furnishes to the Department with satisfactory evidence to the
| 24 | | effect that he or she has been so engaged and that his or
her
| 25 | | service, training, or education has been so terminated.
| 26 | | (C) Inactive licenses. Any licensee who notifies the
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| 1 | | Department, in writing on forms prescribed by the
Department, | 2 | | may elect to place his or her license on an inactive
status and | 3 | | shall, subject to rules of the Department, be
excused from | 4 | | payment of renewal fees until he or she notifies the
Department | 5 | | in writing of his or her desire to resume active
status.
| 6 | | Any licensee requesting restoration from inactive
status | 7 | | shall be required to pay the current renewal fee, provide proof | 8 | | of
meeting the continuing education requirements for the period | 9 | | of time the
license is inactive not to exceed one renewal | 10 | | period, and
shall be required to restore his or her license as | 11 | | provided
in
subsection (B).
| 12 | | Any licensee whose license is in an inactive status
shall | 13 | | not practice in the State of Illinois.
| 14 | | (D) Disposition of monies collected. All monies
collected | 15 | | under this Act by the Department shall be
deposited in the | 16 | | Illinois State Medical Disciplinary Fund in
the State Treasury, | 17 | | and used only for the following
purposes: (a) by the | 18 | | Disciplinary
Board and Licensing Board in the exercise of its | 19 | | powers and performance of its
duties, as such use is made by | 20 | | the Department with full
consideration of all recommendations | 21 | | of the
Disciplinary Board and Licensing Board, (b) for costs | 22 | | directly related to
persons licensed under this Act, and (c) | 23 | | for direct and allocable indirect
costs related to the public | 24 | | purposes of the Department.
| 25 | | Moneys in the Fund may be transferred to the Professions | 26 | | Indirect Cost Fund
as authorized under Section 2105-300 of the |
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| 1 | | Department of Professional
Regulation Law (20 ILCS | 2 | | 2105/2105-300).
| 3 | | The State Comptroller shall order and the State Treasurer | 4 | | shall transfer an amount equal to $2,200,000 from the Illinois | 5 | | State Medical Disciplinary Fund to the Local Government Tax | 6 | | Fund on each of the following dates: July 1, 2014, October 1, | 7 | | 2014, and January 1, 2015. These transfers shall constitute | 8 | | repayment of the $6,600,000 transfer made under Section 6z-18 | 9 | | of the State Finance Act. | 10 | | All earnings received from investment of monies in the
| 11 | | Illinois State Medical Disciplinary Fund shall be deposited
in | 12 | | the Illinois State Medical Disciplinary Fund and shall be
used | 13 | | for the same purposes as fees deposited in such Fund.
| 14 | | (E) Fees. The following fees are nonrefundable.
| 15 | | (1) Applicants for any examination shall be required
to | 16 | | pay, either to the Department or to the designated
testing | 17 | | service, a fee covering the cost of determining the
| 18 | | applicant's eligibility and providing the examination.
| 19 | | Failure to appear for the examination on the scheduled | 20 | | date,
at the time and place specified, after the | 21 | | applicant's
application for examination has been received | 22 | | and
acknowledged by the Department or the designated | 23 | | testing
service, shall result in the forfeiture of the | 24 | | examination
fee.
| 25 | | (2) The fee for a license under Section 9 of this Act
| 26 | | is $750 $300 .
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| 1 | | (3) The fee for a license under Section 19 of this Act
| 2 | | is $750 $300 .
| 3 | | (4) The fee for the renewal of a license for a resident | 4 | | of Illinois
shall be calculated at the rate of $250 $100 | 5 | | per year, except for licensees
who were issued a license | 6 | | within 12 months of the expiration date of the
license, the | 7 | | fee for the renewal shall be $250 $100 .
The fee for the | 8 | | renewal
of a license for a nonresident shall be calculated | 9 | | at the rate of $500 $200 per
year, except for licensees
who | 10 | | were issued a license within 12 months of the expiration | 11 | | date of the
license, the fee for the renewal shall be $500 | 12 | | $200 .
| 13 | | (5) The fee for the restoration of a license other
than | 14 | | from inactive status, is $250 $100 . In addition, payment of | 15 | | all
lapsed renewal fees not to exceed $1,500 $600 is | 16 | | required.
| 17 | | (6) The fee for a 3-year temporary license under
| 18 | | Section 17 is $250 $100 .
| 19 | | (7) The fee for the issuance of a duplicate license,
| 20 | | for the issuance of a replacement license for a license
| 21 | | which has been lost or destroyed, or for the issuance of a
| 22 | | license with a change of name or address other than during
| 23 | | the renewal period is $20. No fee is required for name and
| 24 | | address changes on Department records when no duplicate
| 25 | | license is issued.
| 26 | | (8) The fee to be paid for a license record for any
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| 1 | | purpose is $20.
| 2 | | (9) The fee to be paid to have the scoring of an
| 3 | | examination, administered by the Department, reviewed and
| 4 | | verified, is $20 plus any fees charged by the applicable
| 5 | | testing service.
| 6 | | (10) The fee to be paid by a licensee for a wall
| 7 | | certificate showing his or her license shall be the actual | 8 | | cost
of producing the certificate as determined by the | 9 | | Department.
| 10 | | (11) The fee for a roster of persons licensed as
| 11 | | physicians in this State shall be the actual cost of
| 12 | | producing such a roster as determined by the Department.
| 13 | | (F) Any person who delivers a check or other payment to the | 14 | | Department that
is returned to the Department unpaid by the | 15 | | financial institution upon
which it is drawn shall pay to the | 16 | | Department, in addition to the amount
already owed to the | 17 | | Department, a fine of $50. The fines imposed by this Section | 18 | | are in addition
to any other discipline provided under this Act | 19 | | for unlicensed
practice or practice on a nonrenewed license. | 20 | | The Department shall notify
the person that payment of fees and | 21 | | fines shall be paid to the Department
by certified check or | 22 | | money order within 30 calendar days of the
notification. If, | 23 | | after the expiration of 30 days from the date of the
| 24 | | notification, the person has failed to submit the necessary | 25 | | remittance, the
Department shall automatically terminate the | 26 | | license or certificate or deny
the application, without |
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| 1 | | hearing. If, after termination or denial, the
person seeks a | 2 | | license or certificate, he or she shall apply to the
Department | 3 | | for restoration or issuance of the license or certificate and
| 4 | | pay all fees and fines due to the Department. The Department | 5 | | may establish
a fee for the processing of an application for | 6 | | restoration of a license or
certificate to pay all expenses of | 7 | | processing this application. The Secretary
may waive the fines | 8 | | due under this Section in individual cases where the
Secretary | 9 | | finds that the fines would be unreasonable or unnecessarily
| 10 | | burdensome.
| 11 | | (Source: P.A. 97-622, eff. 11-23-11 .)
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.
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