Illinois General Assembly - Full Text of HB0193
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Full Text of HB0193  98th General Assembly

HB0193ham001 98TH GENERAL ASSEMBLY

Rep. Michael J. Madigan

Filed: 2/1/2013

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 193

2    AMENDMENT NO. ______. Amend House Bill 193 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1distributed to each county based upon the sales which occurred
2in the unincorporated area of that county.
3    A portion of the money paid into the Local Government Tax
4Fund from the 6.25% general use tax rate on the selling price
5of tangible personal property which is purchased outside
6Illinois at retail from a retailer and which is titled or
7registered by any agency of this State's government shall be
8distributed to municipalities as provided in this paragraph.
9Each municipality shall receive the amount attributable to
10sales for which Illinois addresses for titling or registration
11purposes are given as being in such municipality. The remainder
12of the money paid into the Local Government Tax Fund from such
13sales shall be distributed to counties. Each county shall
14receive the amount attributable to sales for which Illinois
15addresses for titling or registration purposes are given as
16being located in the unincorporated area of such county.
17    A portion of the money paid into the Local Government Tax
18Fund from the 6.25% general rate (and, beginning July 1, 2000
19and through December 31, 2000, the 1.25% rate on motor fuel and
20gasohol, and beginning on August 6, 2010 through August 15,
212010, the 1.25% rate on sales tax holiday items) on sales
22subject to taxation under the Retailers' Occupation Tax Act and
23the Service Occupation Tax Act, which occurred in
24municipalities, shall be distributed to each municipality,
25based upon the sales which occurred in that municipality. The
26remainder shall be distributed to each county, based upon the

 

 

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1sales which occurred in the unincorporated area of such county.
2    For the purpose of determining allocation to the local
3government unit, a retail sale by a producer of coal or other
4mineral mined in Illinois is a sale at retail at the place
5where the coal or other mineral mined in Illinois is extracted
6from the earth. This paragraph does not apply to coal or other
7mineral when it is delivered or shipped by the seller to the
8purchaser at a point outside Illinois so that the sale is
9exempt under the United States Constitution as a sale in
10interstate or foreign commerce.
11    Whenever the Department determines that a refund of money
12paid into the Local Government Tax Fund should be made to a
13claimant instead of issuing a credit memorandum, the Department
14shall notify the State Comptroller, who shall cause the order
15to be drawn for the amount specified, and to the person named,
16in such notification from the Department. Such refund shall be
17paid by the State Treasurer out of the Local Government Tax
18Fund.
19    As soon as possible after the first day of each month,
20beginning January 1, 2011, upon certification of the Department
21of Revenue, the Comptroller shall order transferred, and the
22Treasurer shall transfer, to the STAR Bonds Revenue Fund the
23local sales tax increment, as defined in the Innovation
24Development and Economy Act, collected during the second
25preceding calendar month for sales within a STAR bond district
26and deposited into the Local Government Tax Fund, less 3% of

 

 

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1that amount, which shall be transferred into the Tax Compliance
2and Administration Fund and shall be used by the Department,
3subject to appropriation, to cover the costs of the Department
4in administering the Innovation Development and Economy Act.
5    After the monthly transfer to the STAR Bonds Revenue Fund,
6on or before the 25th day of each calendar month, the
7Department shall prepare and certify to the Comptroller the
8disbursement of stated sums of money to named municipalities
9and counties, the municipalities and counties to be those
10entitled to distribution of taxes or penalties paid to the
11Department during the second preceding calendar month. The
12amount to be paid to each municipality or county shall be the
13amount (not including credit memoranda) collected during the
14second preceding calendar month by the Department and paid into
15the Local Government Tax Fund, plus an amount the Department
16determines is necessary to offset any amounts which were
17erroneously paid to a different taxing body, and not including
18an amount equal to the amount of refunds made during the second
19preceding calendar month by the Department, and not including
20any amount which the Department determines is necessary to
21offset any amounts which are payable to a different taxing body
22but were erroneously paid to the municipality or county, and
23not including any amounts that are transferred to the STAR
24Bonds Revenue Fund. Within 10 days after receipt, by the
25Comptroller, of the disbursement certification to the
26municipalities and counties, provided for in this Section to be

 

 

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1given to the Comptroller by the Department, the Comptroller
2shall cause the orders to be drawn for the respective amounts
3in accordance with the directions contained in such
4certification.
5    When certifying the amount of monthly disbursement to a
6municipality or county under this Section, the Department shall
7increase or decrease that amount by an amount necessary to
8offset any misallocation of previous disbursements. The offset
9amount shall be the amount erroneously disbursed within the 6
10months preceding the time a misallocation is discovered.
11    The provisions directing the distributions from the
12special fund in the State Treasury provided for in this Section
13shall constitute an irrevocable and continuing appropriation
14of all amounts as provided herein. The State Treasurer and
15State Comptroller are hereby authorized to make distributions
16as provided in this Section.
17    In construing any development, redevelopment, annexation,
18preannexation or other lawful agreement in effect prior to
19September 1, 1990, which describes or refers to receipts from a
20county or municipal retailers' occupation tax, use tax or
21service occupation tax which now cannot be imposed, such
22description or reference shall be deemed to include the
23replacement revenue for such abolished taxes, distributed from
24the Local Government Tax Fund.
25    As soon as possible after the effective date of this
26amendatory Act of the 98th General Assembly, the State

 

 

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1Comptroller shall order and the State Treasurer shall transfer
2$6,600,000 from the Local Government Tax Fund to the Illinois
3State Medical Disciplinary Fund.
4(Source: P.A. 96-939, eff. 6-24-10; 96-1012, eff. 7-7-10;
597-333, eff. 8-12-11.)
 
6    Section 10. The Medical Practice Act of 1987 is amended by
7changing Section 21 as follows:
 
8    (225 ILCS 60/21)  (from Ch. 111, par. 4400-21)
9    (Section scheduled to be repealed on December 31, 2013)
10    Sec. 21. License renewal; restoration; inactive status;
11disposition and collection of fees.
12    (A) Renewal. The expiration date and renewal period for
13each license issued under this Act shall be set by rule. The
14holder of a license may renew the license by paying the
15required fee. The holder of a license may also renew the
16license within 90 days after its expiration by complying with
17the requirements for renewal and payment of an additional fee.
18A license renewal within 90 days after expiration shall be
19effective retroactively to the expiration date.
20    The Department shall mail to each licensee under this Act,
21at his or her address of record, at least 60 days in advance of
22the expiration date of his or her license, a renewal notice. No
23such license shall be deemed to have lapsed until 90 days after
24the expiration date and after such notice has been mailed by

 

 

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1the Department as herein provided.
2    (B) Restoration. Any licensee who has permitted his or her
3license to lapse or who has had his or her license on inactive
4status may have his or her license restored by making
5application to the Department and filing proof acceptable to
6the Department of his or her fitness to have the license
7restored, including evidence certifying to active practice in
8another jurisdiction satisfactory to the Department, proof of
9meeting the continuing education requirements for one renewal
10period, and by paying the required restoration fee.
11    If the licensee has not maintained an active practice in
12another jurisdiction satisfactory to the Department, the
13Licensing Board shall determine, by an evaluation program
14established by rule, the applicant's fitness to resume active
15status and may require the licensee to complete a period of
16evaluated clinical experience and may require successful
17completion of a practical examination specified by the
18Licensing Board.
19    However, any registrant whose license has expired while he
20or she has been engaged (a) in Federal Service on active duty
21with the Army of the United States, the United States Navy, the
22Marine Corps, the Air Force, the Coast Guard, the Public Health
23Service or the State Militia called into the service or
24training of the United States of America, or (b) in training or
25education under the supervision of the United States
26preliminary to induction into the military service, may have

 

 

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1his or her license reinstated or restored without paying any
2lapsed renewal fees, if within 2 years after honorable
3termination of such service, training, or education, he or she
4furnishes to the Department with satisfactory evidence to the
5effect that he or she has been so engaged and that his or her
6service, training, or education has been so terminated.
7    (C) Inactive licenses. Any licensee who notifies the
8Department, in writing on forms prescribed by the Department,
9may elect to place his or her license on an inactive status and
10shall, subject to rules of the Department, be excused from
11payment of renewal fees until he or she notifies the Department
12in writing of his or her desire to resume active status.
13    Any licensee requesting restoration from inactive status
14shall be required to pay the current renewal fee, provide proof
15of meeting the continuing education requirements for the period
16of time the license is inactive not to exceed one renewal
17period, and shall be required to restore his or her license as
18provided in subsection (B).
19    Any licensee whose license is in an inactive status shall
20not practice in the State of Illinois.
21    (D) Disposition of monies collected. All monies collected
22under this Act by the Department shall be deposited in the
23Illinois State Medical Disciplinary Fund in the State Treasury,
24and used only for the following purposes: (a) by the
25Disciplinary Board and Licensing Board in the exercise of its
26powers and performance of its duties, as such use is made by

 

 

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1the Department with full consideration of all recommendations
2of the Disciplinary Board and Licensing Board, (b) for costs
3directly related to persons licensed under this Act, and (c)
4for direct and allocable indirect costs related to the public
5purposes of the Department.
6    Moneys in the Fund may be transferred to the Professions
7Indirect Cost Fund as authorized under Section 2105-300 of the
8Department of Professional Regulation Law (20 ILCS
92105/2105-300).
10    The State Comptroller shall order and the State Treasurer
11shall transfer an amount equal to $2,200,000 from the Illinois
12State Medical Disciplinary Fund to the Local Government Tax
13Fund on each of the following dates: July 1, 2014, October 1,
142014, and January 1, 2015. These transfers shall constitute
15repayment of the $6,600,000 transfer made under Section 6z-18
16of the State Finance Act.
17    All earnings received from investment of monies in the
18Illinois State Medical Disciplinary Fund shall be deposited in
19the Illinois State Medical Disciplinary Fund and shall be used
20for the same purposes as fees deposited in such Fund.
21    (E) Fees. The following fees are nonrefundable.
22        (1) Applicants for any examination shall be required to
23    pay, either to the Department or to the designated testing
24    service, a fee covering the cost of determining the
25    applicant's eligibility and providing the examination.
26    Failure to appear for the examination on the scheduled

 

 

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1    date, at the time and place specified, after the
2    applicant's application for examination has been received
3    and acknowledged by the Department or the designated
4    testing service, shall result in the forfeiture of the
5    examination fee.
6        (2) The fee for a license under Section 9 of this Act
7    is $750 $300.
8        (3) The fee for a license under Section 19 of this Act
9    is $750 $300.
10        (4) The fee for the renewal of a license for a resident
11    of Illinois shall be calculated at the rate of $250 $100
12    per year, except for licensees who were issued a license
13    within 12 months of the expiration date of the license, the
14    fee for the renewal shall be $250 $100. The fee for the
15    renewal of a license for a nonresident shall be calculated
16    at the rate of $500 $200 per year, except for licensees who
17    were issued a license within 12 months of the expiration
18    date of the license, the fee for the renewal shall be $500
19    $200.
20        (5) The fee for the restoration of a license other than
21    from inactive status, is $250 $100. In addition, payment of
22    all lapsed renewal fees not to exceed $1,500 $600 is
23    required.
24        (6) The fee for a 3-year temporary license under
25    Section 17 is $250 $100.
26        (7) The fee for the issuance of a duplicate license,

 

 

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1    for the issuance of a replacement license for a license
2    which has been lost or destroyed, or for the issuance of a
3    license with a change of name or address other than during
4    the renewal period is $20. No fee is required for name and
5    address changes on Department records when no duplicate
6    license is issued.
7        (8) The fee to be paid for a license record for any
8    purpose is $20.
9        (9) The fee to be paid to have the scoring of an
10    examination, administered by the Department, reviewed and
11    verified, is $20 plus any fees charged by the applicable
12    testing service.
13        (10) The fee to be paid by a licensee for a wall
14    certificate showing his or her license shall be the actual
15    cost of producing the certificate as determined by the
16    Department.
17        (11) The fee for a roster of persons licensed as
18    physicians in this State shall be the actual cost of
19    producing such a roster as determined by the Department.
20    (F) Any person who delivers a check or other payment to the
21Department that is returned to the Department unpaid by the
22financial institution upon which it is drawn shall pay to the
23Department, in addition to the amount already owed to the
24Department, a fine of $50. The fines imposed by this Section
25are in addition to any other discipline provided under this Act
26for unlicensed practice or practice on a nonrenewed license.

 

 

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1The Department shall notify the person that payment of fees and
2fines shall be paid to the Department by certified check or
3money order within 30 calendar days of the notification. If,
4after the expiration of 30 days from the date of the
5notification, the person has failed to submit the necessary
6remittance, the Department shall automatically terminate the
7license or certificate or deny the application, without
8hearing. If, after termination or denial, the person seeks a
9license or certificate, he or she shall apply to the Department
10for restoration or issuance of the license or certificate and
11pay all fees and fines due to the Department. The Department
12may establish a fee for the processing of an application for
13restoration of a license or certificate to pay all expenses of
14processing this application. The Secretary may waive the fines
15due under this Section in individual cases where the Secretary
16finds that the fines would be unreasonable or unnecessarily
17burdensome.
18(Source: P.A. 97-622, eff. 11-23-11.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.".