(305 ILCS 5/5C-4) (from Ch. 23, par. 5C-4)
Sec. 5C-4. Reporting; penalty; maintenance of records.
(a) After June 30 of each State fiscal year, and on or before September 30 of the succeeding State fiscal year, every developmentally disabled care provider subject to assessment under this Article shall file a return with the Illinois Department. The return shall report the adjusted gross developmentally disabled care revenue from the State fiscal year just ended and shall be utilized by the Illinois Department to calculate the assessment for the State fiscal year commencing on the preceding July 1. The return shall be on a form prepared by the Illinois Department and shall state the following:
(1) The name of the developmentally disabled care
provider.
(2) The address of the developmentally disabled care
provider's principal place of business from which the provider engages in the occupation of developmentally disabled care provider in this State, and the name and address of all developmentally disabled care facilities operated or maintained by the provider in this State.
(3) The adjusted gross developmentally disabled care
revenue for the State fiscal year just ended, the amount of assessment imposed under Section 5C-2 for the State fiscal year for which the return is filed, and the amount of each quarterly installment to be paid during the State fiscal year.
(4) The amount of penalty due, if any.
(5) Other reasonable information the Illinois
Department requires.
(b) If a developmentally disabled care provider operates or maintains more than one developmentally disabled care facility in this State, the provider may not file a single return covering all those developmentally disabled care facilities, but shall file a separate return for each developmentally disabled care facility and shall compute and pay the assessment for each developmentally disabled care facility separately.
(c) Notwithstanding any other provision in this Article, a person who ceases to conduct, operate, or maintain a developmentally disabled care facility in respect of which the person is subject to assessment under this Article as a developmentally disabled care provider, the assessment for the State fiscal year in which the cessation occurs shall be adjusted by multiplying the assessment computed under Section 5C-2 by a fraction, the numerator of which is the number of months in the year during which the provider conducts, operates, or maintains the developmentally disabled care facility and the denominator of which is 12. The person shall file a final, amended return with the Illinois Department not more than 90 days after the cessation reflecting the adjustment and shall pay with the final return the assessment for the year as so adjusted (to the extent not previously paid).
(d) Notwithstanding any other provision of this Article, a provider who commences conducting, operating, or maintaining a developmentally disabled care facility shall file an initial return for the State fiscal year in which the commencement occurs within 90 days thereafter and shall pay the assessment computed under Section 5C-2 and subsection (e) in equal installments on the due date of the return and on the regular installment due dates for the State fiscal year occurring after the due date of the initial return.
(e) Notwithstanding any other provision of this Article, in the case of a developmentally disabled care provider that did not conduct, operate, or maintain a developmentally disabled care facility throughout the prior State fiscal year, the assessment for that State fiscal year shall be computed on the basis of hypothetical adjusted gross developmentally disabled care revenue for the prior year as determined by rules adopted by the Illinois Department (which may be based on annualization of the provider's actual revenues for a portion of the State fiscal year, or revenues of a comparable facility for such year, including revenues realized by a prior provider from the same facility during such year).
(f) In the case of a developmentally disabled care provider existing as a corporation or legal entity other than an individual, the return filed by it shall be signed by its president, vice-president, secretary, or treasurer or by its properly authorized agent.
(g) If a developmentally disabled care provider fails to file its return for a State fiscal year on or before the due date of the return, there shall, unless waived by the Illinois Department for reasonable cause, be added to the assessment imposed by Section 5C-2 for the State fiscal year a penalty assessment equal to 25% of the assessment imposed for the year.
(h) Every developmentally disabled care provider subject to assessment under this Article shall keep records and books that will permit the determination of adjusted gross developmentally disabled care revenue on a State fiscal year basis. All such books and records shall be kept in the English language and shall, at all times during business hours of the day, be subject to inspection by the Illinois Department or its duly authorized agents and employees.
(Source: P.A. 87-861.)
Sections: Previous 5C-1 5C-2 5C-3 5C-4 5C-5 5C-6 5C-7 5C-8 5C-9 5C-10 Next
Last modified: February 18, 2015