Illinois General Assembly - Full Text of HB0193
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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,
3represented in the General Assembly:
 
4    Section 5. The State Finance Act is amended by changing
5Section 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
8Government Tax Fund from sales of food for human consumption
9which is to be consumed off the premises where it is sold
10(other than alcoholic beverages, soft drinks and food which has
11been prepared for immediate consumption) and prescription and
12nonprescription medicines, drugs, medical appliances and
13insulin, urine testing materials, syringes and needles used by
14diabetics, which occurred in municipalities, shall be
15distributed to each municipality based upon the sales which
16occurred in that municipality. The remainder shall be
17distributed to each county based upon the sales which occurred
18in the unincorporated area of that county.
19    A portion of the money paid into the Local Government Tax
20Fund from the 6.25% general use tax rate on the selling price
21of tangible personal property which is purchased outside
22Illinois at retail from a retailer and which is titled or
23registered by any agency of this State's government shall be

 

 

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1distributed to municipalities as provided in this paragraph.
2Each municipality shall receive the amount attributable to
3sales for which Illinois addresses for titling or registration
4purposes are given as being in such municipality. The remainder
5of the money paid into the Local Government Tax Fund from such
6sales shall be distributed to counties. Each county shall
7receive the amount attributable to sales for which Illinois
8addresses for titling or registration purposes are given as
9being located in the unincorporated area of such county.
10    A portion of the money paid into the Local Government Tax
11Fund from the 6.25% general rate (and, beginning July 1, 2000
12and through December 31, 2000, the 1.25% rate on motor fuel and
13gasohol, and beginning on August 6, 2010 through August 15,
142010, the 1.25% rate on sales tax holiday items) on sales
15subject to taxation under the Retailers' Occupation Tax Act and
16the Service Occupation Tax Act, which occurred in
17municipalities, shall be distributed to each municipality,
18based upon the sales which occurred in that municipality. The
19remainder shall be distributed to each county, based upon the
20sales which occurred in the unincorporated area of such county.
21    For the purpose of determining allocation to the local
22government unit, a retail sale by a producer of coal or other
23mineral mined in Illinois is a sale at retail at the place
24where the coal or other mineral mined in Illinois is extracted
25from the earth. This paragraph does not apply to coal or other
26mineral when it is delivered or shipped by the seller to the

 

 

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1purchaser at a point outside Illinois so that the sale is
2exempt under the United States Constitution as a sale in
3interstate or foreign commerce.
4    Whenever the Department determines that a refund of money
5paid into the Local Government Tax Fund should be made to a
6claimant instead of issuing a credit memorandum, the Department
7shall notify the State Comptroller, who shall cause the order
8to be drawn for the amount specified, and to the person named,
9in such notification from the Department. Such refund shall be
10paid by the State Treasurer out of the Local Government Tax
11Fund.
12    As soon as possible after the first day of each month,
13beginning January 1, 2011, upon certification of the Department
14of Revenue, the Comptroller shall order transferred, and the
15Treasurer shall transfer, to the STAR Bonds Revenue Fund the
16local sales tax increment, as defined in the Innovation
17Development and Economy Act, collected during the second
18preceding calendar month for sales within a STAR bond district
19and deposited into the Local Government Tax Fund, less 3% of
20that amount, which shall be transferred into the Tax Compliance
21and Administration Fund and shall be used by the Department,
22subject to appropriation, to cover the costs of the Department
23in administering the Innovation Development and Economy Act.
24    After the monthly transfer to the STAR Bonds Revenue Fund,
25on or before the 25th day of each calendar month, the
26Department shall prepare and certify to the Comptroller the

 

 

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1disbursement of stated sums of money to named municipalities
2and counties, the municipalities and counties to be those
3entitled to distribution of taxes or penalties paid to the
4Department during the second preceding calendar month. The
5amount to be paid to each municipality or county shall be the
6amount (not including credit memoranda) collected during the
7second preceding calendar month by the Department and paid into
8the Local Government Tax Fund, plus an amount the Department
9determines is necessary to offset any amounts which were
10erroneously paid to a different taxing body, and not including
11an amount equal to the amount of refunds made during the second
12preceding calendar month by the Department, and not including
13any amount which the Department determines is necessary to
14offset any amounts which are payable to a different taxing body
15but were erroneously paid to the municipality or county, and
16not including any amounts that are transferred to the STAR
17Bonds Revenue Fund. Within 10 days after receipt, by the
18Comptroller, of the disbursement certification to the
19municipalities and counties, provided for in this Section to be
20given to the Comptroller by the Department, the Comptroller
21shall cause the orders to be drawn for the respective amounts
22in accordance with the directions contained in such
23certification.
24    When certifying the amount of monthly disbursement to a
25municipality or county under this Section, the Department shall
26increase or decrease that amount by an amount necessary to

 

 

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1offset any misallocation of previous disbursements. The offset
2amount shall be the amount erroneously disbursed within the 6
3months preceding the time a misallocation is discovered.
4    The provisions directing the distributions from the
5special fund in the State Treasury provided for in this Section
6shall constitute an irrevocable and continuing appropriation
7of all amounts as provided herein. The State Treasurer and
8State Comptroller are hereby authorized to make distributions
9as provided in this Section.
10    In construing any development, redevelopment, annexation,
11preannexation or other lawful agreement in effect prior to
12September 1, 1990, which describes or refers to receipts from a
13county or municipal retailers' occupation tax, use tax or
14service occupation tax which now cannot be imposed, such
15description or reference shall be deemed to include the
16replacement revenue for such abolished taxes, distributed from
17the Local Government Tax Fund.
18    As soon as possible after the effective date of this
19amendatory Act of the 98th General Assembly, the State
20Comptroller shall order and the State Treasurer shall transfer
21$6,600,000 from the Local Government Tax Fund to the Illinois
22State Medical Disciplinary Fund.
23(Source: P.A. 96-939, eff. 6-24-10; 96-1012, eff. 7-7-10;
2497-333, eff. 8-12-11.)
 
25    Section 10. The Medical Practice Act of 1987 is amended by

 

 

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1changing 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;
5disposition and collection of fees.
6    (A) Renewal. The expiration date and renewal period for
7each license issued under this Act shall be set by rule. The
8holder of a license may renew the license by paying the
9required fee. The holder of a license may also renew the
10license within 90 days after its expiration by complying with
11the requirements for renewal and payment of an additional fee.
12A license renewal within 90 days after expiration shall be
13effective retroactively to the expiration date.
14    The Department shall mail to each licensee under this Act,
15at his or her address of record, at least 60 days in advance of
16the expiration date of his or her license, a renewal notice. No
17such license shall be deemed to have lapsed until 90 days after
18the expiration date and after such notice has been mailed by
19the Department as herein provided.
20    (B) Restoration. Any licensee who has permitted his or her
21license to lapse or who has had his or her license on inactive
22status may have his or her license restored by making
23application to the Department and filing proof acceptable to
24the Department of his or her fitness to have the license
25restored, including evidence certifying to active practice in

 

 

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1another jurisdiction satisfactory to the Department, proof of
2meeting the continuing education requirements for one renewal
3period, and by paying the required restoration fee.
4    If the licensee has not maintained an active practice in
5another jurisdiction satisfactory to the Department, the
6Licensing Board shall determine, by an evaluation program
7established by rule, the applicant's fitness to resume active
8status and may require the licensee to complete a period of
9evaluated clinical experience and may require successful
10completion of a practical examination specified by the
11Licensing Board.
12    However, any registrant whose license has expired while he
13or she has been engaged (a) in Federal Service on active duty
14with the Army of the United States, the United States Navy, the
15Marine Corps, the Air Force, the Coast Guard, the Public Health
16Service or the State Militia called into the service or
17training of the United States of America, or (b) in training or
18education under the supervision of the United States
19preliminary to induction into the military service, may have
20his or her license reinstated or restored without paying any
21lapsed renewal fees, if within 2 years after honorable
22termination of such service, training, or education, he or she
23furnishes to the Department with satisfactory evidence to the
24effect that he or she has been so engaged and that his or her
25service, training, or education has been so terminated.
26    (C) Inactive licenses. Any licensee who notifies the

 

 

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1Department, in writing on forms prescribed by the Department,
2may elect to place his or her license on an inactive status and
3shall, subject to rules of the Department, be excused from
4payment of renewal fees until he or she notifies the Department
5in writing of his or her desire to resume active status.
6    Any licensee requesting restoration from inactive status
7shall be required to pay the current renewal fee, provide proof
8of meeting the continuing education requirements for the period
9of time the license is inactive not to exceed one renewal
10period, and shall be required to restore his or her license as
11provided in subsection (B).
12    Any licensee whose license is in an inactive status shall
13not practice in the State of Illinois.
14    (D) Disposition of monies collected. All monies collected
15under this Act by the Department shall be deposited in the
16Illinois State Medical Disciplinary Fund in the State Treasury,
17and used only for the following purposes: (a) by the
18Disciplinary Board and Licensing Board in the exercise of its
19powers and performance of its duties, as such use is made by
20the Department with full consideration of all recommendations
21of the Disciplinary Board and Licensing Board, (b) for costs
22directly related to persons licensed under this Act, and (c)
23for direct and allocable indirect costs related to the public
24purposes of the Department.
25    Moneys in the Fund may be transferred to the Professions
26Indirect Cost Fund as authorized under Section 2105-300 of the

 

 

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1Department of Professional Regulation Law (20 ILCS
22105/2105-300).
3    The State Comptroller shall order and the State Treasurer
4shall transfer an amount equal to $2,200,000 from the Illinois
5State Medical Disciplinary Fund to the Local Government Tax
6Fund on each of the following dates: July 1, 2014, October 1,
72014, and January 1, 2015. These transfers shall constitute
8repayment of the $6,600,000 transfer made under Section 6z-18
9of the State Finance Act.
10    All earnings received from investment of monies in the
11Illinois State Medical Disciplinary Fund shall be deposited in
12the Illinois State Medical Disciplinary Fund and shall be used
13for 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
14Department that is returned to the Department unpaid by the
15financial institution upon which it is drawn shall pay to the
16Department, in addition to the amount already owed to the
17Department, a fine of $50. The fines imposed by this Section
18are in addition to any other discipline provided under this Act
19for unlicensed practice or practice on a nonrenewed license.
20The Department shall notify the person that payment of fees and
21fines shall be paid to the Department by certified check or
22money order within 30 calendar days of the notification. If,
23after the expiration of 30 days from the date of the
24notification, the person has failed to submit the necessary
25remittance, the Department shall automatically terminate the
26license or certificate or deny the application, without

 

 

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1hearing. If, after termination or denial, the person seeks a
2license or certificate, he or she shall apply to the Department
3for restoration or issuance of the license or certificate and
4pay all fees and fines due to the Department. The Department
5may establish a fee for the processing of an application for
6restoration of a license or certificate to pay all expenses of
7processing this application. The Secretary may waive the fines
8due under this Section in individual cases where the Secretary
9finds that the fines would be unreasonable or unnecessarily
10burdensome.
11(Source: P.A. 97-622, eff. 11-23-11.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.