I don’t pretend to know, but it certainly appears that way
I put in an inquiry to an accountant who has worked for a government finance accounting company and major not-for-profits to get clarification as to what that means. From my understanding, it seems that the lapsed balance is the appropriated amount not used for the designated purposes, and so if it is not brought forward to the next period, or allowed to be brought forward, it is no longer usable to pay bills.
If that is indeed the case here, then failure to use those funds as required by law is illegal, or at the very least there should be a reevaluation of the fees that generate them, so that these funds are not being built up as waste surplus. Additionally, if they are not used, then reasonably they should be returned to those who paid them, i.e., the individuals who paid for their licenses expecting that the funds would, in fact, be put to use as the law designated that they are.
So, it appears that those funds should either be returned to the licensees in percentage to what was not used, or Illinois needs hire and expand the apparatus and employees that process firearm use/ownership licenses, with the appropriate controls and auditing, to make use of it, and thus properly and effectively serve the people whose taxes fund the state's operations. If not, then the fees are too high and should be lowered to correspond with the actual expenses needed to administer the state's licensing scheme.
Pretty much throws out the fee increases associated with Fix the FOID if it is in fact funds that are not used, is its millions upon millions just sitting there. And if it is the case (that its just wasted money not being used for intended purpose), perhaps lawsuit time????
Please report back as to what your contact says
My contact had this to say:
Lapsed balances in restricted funds generally get transferred to the general, i.e., an unrestricted fund category unless there is a stipulation or resolution that the unused funds are returned to the donor/entity by a certain date.
What this means is that based on the language of the legislation, since those funds are specifically designated to be put to use for administering firearm licensing and the mental health aspects, et cetera they should be used for only those purposes, since there shouldn't be an allowance for the funds not used to be put into the State's or ISP's general funds. That would be entirely contrary to the stated purpose and reasons of the CCL and FOID licensing fees. There is absolutely no reason for those licensing funds to be used for anything other than administering the following:
Fees (Funds) $150 application fee
• $120 to the State Police Firearm Services Fund;
• $20 to the Mental Health Reporting Fund;
• $10 to the State Crime Laboratory Fund.
Police Firearm Services Fund used to cover the cost of administering and enforcing Concealed Carry and FOID card laws.
Mental Health Reporting Fund used to cover the cost of collecting and reporting mental health data
That's what those funds are only intended for by the people who are forced to pay them, and therefore if they are not being used in only those ways, then the remainder needs to be returned to the people, AND the licensing fees adjusted to cover what the actual expenses are. Otherwise, it's just a scheme by the State to take money from its citizens that it doesn't intend to use as the law requires.
So, yes, a class-action lawsuit with every CCL and FOID owner (because those funds aren't being fully used as well, even though they are being collected) as members of the class is in order, as well as having the legislation changed to modify the fees to more appropriate levels, since the funds are not being used as the State said they were supposed to be when the legislation was passed—nor are they apparently required, since there is a repeated pattern of non-utilization of the funds that borders on government malfeasance.
On the chance that the legislation does have some sh!t-weaseling out that the funds not used for the above reasons can be dumped into the general fund, that NEEDS to be changed, by legal and legislative action.
Edited by ChicagoRonin70, 02 December 2019 - 12:26 PM.