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| Public Act 098-0003 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The State Finance Act is amended by changing | ||||
Section 6z-18 as follows:
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(30 ILCS 105/6z-18) (from Ch. 127, par. 142z-18)
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Sec. 6z-18.
A portion of the money paid into the Local | ||||
Government Tax
Fund from sales of food for human consumption | ||||
which is to be consumed off
the premises where it is sold | ||||
(other than alcoholic beverages, soft drinks
and food which has | ||||
been prepared for immediate consumption) and
prescription and | ||||
nonprescription medicines, drugs, medical appliances and
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insulin, urine testing materials, syringes and needles used by | ||||
diabetics,
which occurred in municipalities, shall be | ||||
distributed to each municipality
based upon the sales which | ||||
occurred in that municipality. The remainder
shall be | ||||
distributed to each county based upon the sales which occurred | ||||
in
the unincorporated area of that county.
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A portion of the money paid into the Local Government Tax | ||||
Fund from the
6.25% general use tax rate on the selling price | ||||
of tangible personal
property which is purchased outside | ||||
Illinois at retail from a retailer and
which is titled or | ||||
registered by any agency of this State's government
shall be | ||||
distributed to municipalities as provided in this paragraph. | ||
Each
municipality shall receive the amount attributable to | ||
sales for which
Illinois addresses for titling or registration | ||
purposes are given as being
in such municipality. The remainder | ||
of the money paid into the Local
Government Tax Fund from such | ||
sales shall be distributed to counties. Each
county shall | ||
receive the amount attributable to sales for which Illinois
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addresses for titling or registration purposes are given as | ||
being located
in the unincorporated area of such county.
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A portion of the money paid into the Local Government Tax | ||
Fund from the
6.25% general rate (and, beginning July 1, 2000 | ||
and through December 31,
2000, the 1.25% rate on motor fuel and | ||
gasohol, and beginning on August 6, 2010 through August 15, | ||
2010, the 1.25% rate on sales tax holiday items) on sales
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subject to taxation under the Retailers'
Occupation Tax Act and | ||
the Service Occupation Tax Act, which occurred in
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municipalities, shall be distributed to each municipality, | ||
based upon the
sales which occurred in that municipality. The | ||
remainder shall be
distributed to each county, based upon the | ||
sales which occurred in the
unincorporated area of such county.
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For the purpose of determining allocation to the local | ||
government unit, a
retail sale by a producer of coal or other | ||
mineral mined in Illinois is a sale
at retail at the place | ||
where the coal or other mineral mined in Illinois is
extracted | ||
from the earth. This paragraph does not apply to coal or other
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mineral when it is delivered or shipped by the seller to the | ||
purchaser at a
point outside Illinois so that the sale is | ||
exempt under the United States
Constitution as a sale in | ||
interstate or foreign commerce.
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Whenever the Department determines that a refund of money | ||
paid into
the Local Government Tax Fund should be made to a | ||
claimant instead of
issuing a credit memorandum, the Department | ||
shall notify the State
Comptroller, who shall cause the order | ||
to be drawn for the amount
specified, and to the person named, | ||
in such notification from the
Department. Such refund shall be | ||
paid by the State Treasurer out of the
Local Government Tax | ||
Fund.
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As soon as possible after the first day of each month, | ||
beginning January 1, 2011, upon certification of the Department | ||
of Revenue, the Comptroller shall order transferred, and the | ||
Treasurer shall transfer, to the STAR Bonds Revenue Fund the | ||
local sales tax increment, as defined in the Innovation | ||
Development and Economy Act, collected during the second | ||
preceding calendar month for sales within a STAR bond district | ||
and deposited into the Local Government Tax Fund, less 3% of | ||
that amount, which shall be transferred into the Tax Compliance | ||
and Administration Fund and shall be used by the Department, | ||
subject to appropriation, to cover the costs of the Department | ||
in administering the Innovation Development and Economy Act. | ||
After the monthly transfer to the STAR Bonds Revenue Fund, | ||
on or before the 25th day of each calendar month, the | ||
Department shall
prepare and certify to the Comptroller the | ||
disbursement of stated sums of
money to named municipalities | ||
and counties, the municipalities and counties
to be those | ||
entitled to distribution of taxes or penalties paid to the
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Department during the second preceding calendar month. The | ||
amount to be
paid to each municipality or county shall be the | ||
amount (not including
credit memoranda) collected during the | ||
second preceding calendar month by
the Department and paid into | ||
the Local Government Tax Fund, plus an amount
the Department | ||
determines is necessary to offset any amounts which were
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erroneously paid to a different taxing body, and not including | ||
an amount
equal to the amount of refunds made during the second | ||
preceding calendar
month by the Department, and not including | ||
any amount which the Department
determines is necessary to | ||
offset any amounts which are payable to a
different taxing body | ||
but were erroneously paid to the municipality or
county, and | ||
not including any amounts that are transferred to the STAR | ||
Bonds Revenue Fund. Within 10 days after receipt, by the | ||
Comptroller, of the
disbursement certification to the | ||
municipalities and counties, provided for
in this Section to be | ||
given to the Comptroller by the Department, the
Comptroller | ||
shall cause the orders to be drawn for the respective amounts
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in accordance with the directions contained in such | ||
certification.
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When certifying the amount of monthly disbursement to a | ||
municipality or
county under this Section, the Department shall | ||
increase or decrease that
amount by an amount necessary to | ||
offset any misallocation of previous
disbursements. The offset | ||
amount shall be the amount erroneously disbursed
within the 6 | ||
months preceding the time a misallocation is discovered.
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The provisions directing the distributions from the | ||
special fund in
the State Treasury provided for in this Section | ||
shall constitute an
irrevocable and continuing appropriation | ||
of all amounts as provided herein.
The State Treasurer and | ||
State Comptroller are hereby authorized to make
distributions | ||
as provided in this Section.
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In construing any development, redevelopment, annexation, | ||
preannexation
or other lawful agreement in effect prior to | ||
September 1, 1990, which
describes or refers to receipts from a | ||
county or municipal retailers'
occupation tax, use tax or | ||
service occupation tax which now cannot be
imposed, such | ||
description or reference shall be deemed to include the
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replacement revenue for such abolished taxes, distributed from | ||
the Local
Government Tax Fund.
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As soon as possible after the effective date of this | ||
amendatory Act of the 98th General Assembly, the State | ||
Comptroller shall order and the State Treasurer shall transfer | ||
$6,600,000 from the Local Government Tax Fund to the Illinois | ||
State Medical Disciplinary Fund. | ||
(Source: P.A. 96-939, eff. 6-24-10; 96-1012, eff. 7-7-10; | ||
97-333, eff. 8-12-11.)
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Section 10. The Medical Practice Act of 1987 is amended by | ||
changing Section 21 as follows:
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(225 ILCS 60/21) (from Ch. 111, par. 4400-21)
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(Section scheduled to be repealed on December 31, 2013)
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Sec. 21. License renewal; restoration; inactive status; | ||
disposition and
collection of fees. | ||
(A) Renewal. The expiration date and renewal period for | ||
each
license issued under this Act shall be set by rule. The | ||
holder of a
license may renew the license by paying the | ||
required fee. The
holder of a
license may also renew the | ||
license within 90 days after its expiration by
complying with | ||
the requirements for renewal and payment of an additional
fee. | ||
A license renewal within 90 days after expiration shall be | ||
effective
retroactively to the expiration date.
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The Department shall mail to each licensee under this
Act, | ||
at his or her address of record, at least
60 days
in advance of | ||
the expiration date of his or her license, a renewal notice. No | ||
such
license shall be deemed to have lapsed until 90 days after | ||
the expiration
date and after such notice has been mailed by | ||
the
Department as herein provided.
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(B) Restoration. Any licensee who has permitted his or her
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license to lapse or who has had his or her license on inactive
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status may have his or her license restored by making | ||
application
to the Department and filing proof acceptable to | ||
the
Department of his or her fitness to have the
license | ||
restored,
including evidence certifying to active practice in | ||
another
jurisdiction satisfactory to the Department, proof of | ||
meeting the continuing
education requirements for one renewal | ||
period, and by paying
the required restoration fee.
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If the licensee has not maintained an active practice
in | ||
another jurisdiction satisfactory to the Department, the
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Licensing Board shall determine, by an evaluation program
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established by rule, the applicant's fitness to resume active
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status
and may require the licensee to complete a period of
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evaluated clinical experience and may require successful
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completion of a practical examination specified by the | ||
Licensing Board.
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However, any registrant whose license has expired while
he | ||
or she has been engaged (a) in Federal Service on active
duty
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with the Army of the United States, the United States Navy,
the | ||
Marine Corps, the Air Force, the Coast Guard, the Public
Health | ||
Service or the State Militia called into the service
or | ||
training of the United States of America, or (b) in
training or | ||
education under the supervision of the United
States | ||
preliminary to induction into the military service,
may have | ||
his or her license reinstated or restored without paying
any | ||
lapsed renewal fees, if within 2 years after honorable
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termination of such service, training, or education, he or she
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furnishes to the Department with satisfactory evidence to the
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effect that he or she has been so engaged and that his or
her
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service, training, or education has been so terminated.
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(C) Inactive licenses. Any licensee who notifies the
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Department, in writing on forms prescribed by the
Department, | ||
may elect to place his or her license on an inactive
status and | ||
shall, subject to rules of the Department, be
excused from | ||
payment of renewal fees until he or she notifies the
Department | ||
in writing of his or her desire to resume active
status.
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Any licensee requesting restoration from inactive
status | ||
shall be required to pay the current renewal fee, provide proof | ||
of
meeting the continuing education requirements for the period | ||
of time the
license is inactive not to exceed one renewal | ||
period, and
shall be required to restore his or her license as | ||
provided
in
subsection (B).
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Any licensee whose license is in an inactive status
shall | ||
not practice in the State of Illinois.
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(D) Disposition of monies collected. All monies
collected | ||
under this Act by the Department shall be
deposited in the | ||
Illinois State Medical Disciplinary Fund in
the State Treasury, | ||
and used only for the following
purposes: (a) by the | ||
Disciplinary
Board and Licensing Board in the exercise of its | ||
powers and performance of its
duties, as such use is made by | ||
the Department with full
consideration of all recommendations | ||
of the
Disciplinary Board and Licensing Board, (b) for costs | ||
directly related to
persons licensed under this Act, and (c) | ||
for direct and allocable indirect
costs related to the public | ||
purposes of the Department.
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Moneys in the Fund may be transferred to the Professions | ||
Indirect Cost Fund
as authorized under Section 2105-300 of the | ||
Department of Professional
Regulation Law (20 ILCS | ||
2105/2105-300).
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The State Comptroller shall order and the State Treasurer | ||
shall transfer an amount equal to $1,100,000 from the Illinois | ||
State Medical Disciplinary Fund to the Local Government Tax | ||
Fund on each of the following dates: July 1, 2014, October 1, | ||
2014, January 1, 2015, July 1, 2017, October 1, 2017, and | ||
January 1, 2018. These transfers shall constitute repayment of | ||
the $6,600,000 transfer made under Section 6z-18 of the State | ||
Finance Act. | ||
All earnings received from investment of monies in the
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Illinois State Medical Disciplinary Fund shall be deposited
in | ||
the Illinois State Medical Disciplinary Fund and shall be
used | ||
for the same purposes as fees deposited in such Fund.
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(E) Fees. The following fees are nonrefundable.
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(1) Applicants for any examination shall be required
to | ||
pay, either to the Department or to the designated
testing | ||
service, a fee covering the cost of determining the
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applicant's eligibility and providing the examination.
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Failure to appear for the examination on the scheduled | ||
date,
at the time and place specified, after the | ||
applicant's
application for examination has been received | ||
and
acknowledged by the Department or the designated | ||
testing
service, shall result in the forfeiture of the | ||
examination
fee.
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(2) Before July 1, 2018, the The fee for a license | ||
under Section 9 of this Act
is $700. Beginning on July 1, | ||
2018, the fee for a license under Section 9 of this Act is | ||
$500 $300.
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(3) Before July 1, 2018, the The fee for a license | ||
under Section 19 of this Act
is $700. Beginning on July 1, | ||
2018, the fee for a license under Section 19 of this Act is | ||
$500 $300.
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(4) Before July 1, 2018, the The fee for the renewal of | ||
a license for a resident of Illinois
shall be calculated at | ||
the rate of $230 $100 per year, and beginning on July 1, | ||
2018, the fee for the renewal of a license shall be $167, | ||
except for licensees
who were issued a license within 12 | ||
months of the expiration date of the
license, before July | ||
1, 2018, the fee for the renewal shall be $230, and | ||
beginning on July 1, 2018 that fee will be $167 $100. | ||
Before July 1, 2018, the
The fee for the renewal
of a | ||
license for a nonresident shall be calculated at the rate | ||
of $460 $200 per
year, and beginning on July 1, 2018, the | ||
fee for the renewal of a license for a nonresident shall be | ||
$250, except for licensees
who were issued a license within | ||
12 months of the expiration date of the
license, before | ||
July 1, 2018, the fee for the renewal shall be $460, and | ||
beginning on July 1, 2018 that fee will be $250 $200.
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(5) The fee for the restoration of a license other
than | ||
from inactive status, is $230 $100. In addition, payment of | ||
all
lapsed renewal fees not to exceed $1,400 $600 is | ||
required.
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(6) The fee for a 3-year temporary license under
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Section 17 is $230 $100.
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(7) The fee for the issuance of a duplicate license,
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for the issuance of a replacement license for a license
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which has been lost or destroyed, or for the issuance of a
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license with a change of name or address other than during
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the renewal period is $20. No fee is required for name and
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address changes on Department records when no duplicate
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license is issued.
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(8) The fee to be paid for a license record for any
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purpose is $20.
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(9) The fee to be paid to have the scoring of an
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examination, administered by the Department, reviewed and
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verified, is $20 plus any fees charged by the applicable
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testing service.
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(10) The fee to be paid by a licensee for a wall
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certificate showing his or her license shall be the actual | ||
cost
of producing the certificate as determined by the | ||
Department.
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(11) The fee for a roster of persons licensed as
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physicians in this State shall be the actual cost of
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producing such a roster as determined by the Department.
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(F) Any person who delivers a check or other payment to the | ||
Department that
is returned to the Department unpaid by the | ||
financial institution upon
which it is drawn shall pay to the | ||
Department, in addition to the amount
already owed to the | ||
Department, a fine of $50. The fines imposed by this Section | ||
are in addition
to any other discipline provided under this Act | ||
for unlicensed
practice or practice on a nonrenewed license. | ||
The Department shall notify
the person that payment of fees and | ||
fines shall be paid to the Department
by certified check or | ||
money order within 30 calendar days of the
notification. If, | ||
after the expiration of 30 days from the date of the
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notification, the person has failed to submit the necessary | ||
remittance, the
Department shall automatically terminate the | ||
license or certificate or deny
the application, without | ||
hearing. If, after termination or denial, the
person seeks a | ||
license or certificate, he or she shall apply to the
Department | ||
for restoration or issuance of the license or certificate and
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pay all fees and fines due to the Department. The Department | ||
may establish
a fee for the processing of an application for | ||
restoration of a license or
certificate to pay all expenses of | ||
processing this application. The Secretary
may waive the fines | ||
due under this Section in individual cases where the
Secretary | ||
finds that the fines would be unreasonable or unnecessarily
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burdensome.
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(Source: P.A. 97-622, eff. 11-23-11.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||