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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. If and only if Senate Bill 1657 of the 100th | ||||||||||||||||||||||||||||
5 | General Assembly becomes
law in the form in which it passed the | ||||||||||||||||||||||||||||
6 | Senate on April 27, 2017, then the Gun Dealer Licensing Act is | ||||||||||||||||||||||||||||
7 | amended by changing Sections 35, 70, and 150 as follows: | ||||||||||||||||||||||||||||
8 | (100 SB1657eng, Sec. 35)
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9 | Sec. 35. Issuance of license; renewal; fees. | ||||||||||||||||||||||||||||
10 | (a) The Department shall, upon the applicant's | ||||||||||||||||||||||||||||
11 | satisfactory completion of the requirements under this Act and | ||||||||||||||||||||||||||||
12 | receipt of the fee, issue the license indicating the name and | ||||||||||||||||||||||||||||
13 | business location of the licensee and the date of expiration. | ||||||||||||||||||||||||||||
14 | On or before December 31, 2019, the Department shall issue | ||||||||||||||||||||||||||||
15 | dealer and dealership licenses to all qualified applicants | ||||||||||||||||||||||||||||
16 | whose business existed in that location on the effective date | ||||||||||||||||||||||||||||
17 | of this Act, and who submitted the application to the | ||||||||||||||||||||||||||||
18 | Department on or after January 1, 2019 but before October 1, | ||||||||||||||||||||||||||||
19 | 2019. If an applicant submits an application for a license | ||||||||||||||||||||||||||||
20 | before October 1, 2019 and the Department does not issue or | ||||||||||||||||||||||||||||
21 | deny the license on or before December 31, 2019, or the | ||||||||||||||||||||||||||||
22 | Department does not issue or deny a license within 90 days to | ||||||||||||||||||||||||||||
23 | an applicant who submits an application for a license or |
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1 | renewal of a license on October 1, 2019 or thereafter, the | ||||||
2 | applicant or licensee shall not be in violation of this Act on | ||||||
3 | the basis of continuing to operate the business. | ||||||
4 | (b) The expiration date and , renewal period for each | ||||||
5 | license shall be 5 years. The , and conditions for renewal and | ||||||
6 | restoration of each license shall be set by rule. The holder | ||||||
7 | may renew the license during the 90 days preceding its | ||||||
8 | expiration by paying the required fee and by meeting conditions | ||||||
9 | that the Department may specify. As a condition of renewal of a | ||||||
10 | dealer's license, the Department shall receive from the | ||||||
11 | applicant a copy of his or her valid and unexpired concealed | ||||||
12 | carry license, or shall verify the validity of the applicant's | ||||||
13 | Firearm Owner's Identification Card through the Department of | ||||||
14 | State Police in a manner prescribed by rule by the Department | ||||||
15 | of State Police. A dealership or dealer operating on an expired | ||||||
16 | license is considered to be practicing without a license. | ||||||
17 | (c) A dealership that has permitted a license to expire may | ||||||
18 | have it restored by submitting an application to the | ||||||
19 | Department, successfully completing an inspection by the | ||||||
20 | Department, and by paying the required restoration fee and all | ||||||
21 | lapsed renewal fees. | ||||||
22 | (d) A dealer that has permitted a license to expire may | ||||||
23 | have it restored by submitting an application to the | ||||||
24 | Department, paying the required restoration fee and all lapsed | ||||||
25 | renewal fees and by providing evidence of competence to resume | ||||||
26 | practice satisfactory to the Department and the Board, which |
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1 | shall include a copy of the license holder's valid and | ||||||
2 | unexpired concealed carry license, or verification of the | ||||||
3 | continued validity of the license holder's Firearm Owner's | ||||||
4 | Identification Card through the Department of State Police in a | ||||||
5 | manner prescribed by rule by the Department of State Police, | ||||||
6 | and may include passing a written examination. | ||||||
7 | (e) Any dealer whose license has expired while he or she | ||||||
8 | has been engaged (1) in the federal service in active duty with | ||||||
9 | the Army of the United States, the United States Navy, the | ||||||
10 | Marine Corps, the Air Force, the Coast Guard, or the State | ||||||
11 | Militia called into the service or training of the United | ||||||
12 | States of America, or (2) in training or education under the | ||||||
13 | supervision of the United States preliminary to induction into | ||||||
14 | the military service, may have his or her license restored | ||||||
15 | without paying any lapsed renewal fees or restoration fee, if | ||||||
16 | within 2 years after termination of that service, training or | ||||||
17 | education, other than by dishonorable discharge, he or she | ||||||
18 | furnishes the Department with an affidavit to the effect that | ||||||
19 | he or she has been so engaged and that his or her service, | ||||||
20 | training or education has been so terminated. | ||||||
21 | (f) A license shall not be denied any applicant because of | ||||||
22 | the race, religion, creed, national origin, political beliefs | ||||||
23 | or activities, age, sex, sexual orientation, or physical | ||||||
24 | disability that does not affect a person's ability to practice | ||||||
25 | with reasonable judgment, skill, or safety.
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26 | (Source: 100SB1657eng.) |
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1 | (100 SB1657eng, Sec. 70)
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2 | Sec. 70. Requirements; prohibitions. | ||||||
3 | (a) The Department of Financial and Professional | ||||||
4 | Regulation shall implement the provisions of this Section by | ||||||
5 | rule. | ||||||
6 | (b) A licensee shall maintain operating documents which | ||||||
7 | shall include procedures for the oversight of the licensee and | ||||||
8 | procedures to ensure accurate recordkeeping. | ||||||
9 | (c) By the date of application, a licensee shall implement | ||||||
10 | appropriate security measures, as provided by rule, to deter | ||||||
11 | and prevent the theft of firearms and unauthorized entrance | ||||||
12 | into areas containing firearms. The rules may provide for: | ||||||
13 | (1) the manner of securing firearms when the location | ||||||
14 | is both open and closed for business; | ||||||
15 | (2) alarm systems for licensees; and | ||||||
16 | (3) other reasonable requirements to deter illegal | ||||||
17 | sales and reduce the risk of burglaries and other crimes or | ||||||
18 | accidents at licensees' business establishments. | ||||||
19 | (d) Beginning January 1, 2021, if If a licensee operates | ||||||
20 | the business at a permanent physical location that is open to | ||||||
21 | the public, that location shall be equipped with a video | ||||||
22 | surveillance system sufficient to monitor the critical areas of | ||||||
23 | the business premises, including, but not limited to, all | ||||||
24 | places where firearms are stored, handled, sold, transferred, | ||||||
25 | or carried. A video surveillance system of the licensee's |
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1 | business premises may not be installed in a bathroom and may | ||||||
2 | not monitor the bathrooms located in the business premises. The | ||||||
3 | video surveillance system shall operate without interruption | ||||||
4 | whenever the licensee is open for business. Whenever the | ||||||
5 | licensee is not open for business, the system shall be | ||||||
6 | triggered by a motion detector and begin recording immediately | ||||||
7 | upon detection of any motion within the monitored area. The | ||||||
8 | stored images shall be maintained on the business premises of | ||||||
9 | the licensee for a period of not less than 90 days from the | ||||||
10 | date of recording and shall only be available for inspection on | ||||||
11 | the premises by the licensee, the licensee's dealership agents, | ||||||
12 | the Department, or federal, State, and local law enforcement | ||||||
13 | upon request, and neither the stored images, copies, records, | ||||||
14 | or reproductions of the stored images shall leave the custody | ||||||
15 | of the licensee except under a court order, subpoena, or search | ||||||
16 | warrant. The licensee shall post a sign in a conspicuous place | ||||||
17 | at each entrance to the premises that states in block letters | ||||||
18 | not less than one inch in height: | ||||||
19 | "THESE PREMISES ARE UNDER VIDEO SURVEILLANCE. YOUR IMAGE | ||||||
20 | MAY BE RECORDED." | ||||||
21 | (e) The area where the licensee stores firearms that are | ||||||
22 | inventory of the licensee shall only be accessed by dealership | ||||||
23 | agents, Department of Financial and Professional Regulation | ||||||
24 | staff performing inspections, law enforcement or other | ||||||
25 | emergency personnel, and contractors working on jobs unrelated | ||||||
26 | to firearms, such as installing or maintaining security devices |
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1 | or performing electrical wiring. | ||||||
2 | (f) A licensee shall operate its business and conduct all | ||||||
3 | sales and transfers of firearms in compliance with all federal | ||||||
4 | and State laws, and maintain all records as required by federal | ||||||
5 | and State laws. | ||||||
6 | (g) A licensee shall make a photo copy of a buyer's or | ||||||
7 | transferee's valid photo I.D. card whenever a sale transaction | ||||||
8 | takes place. The photo copy shall be attached to the | ||||||
9 | documentation detailing the record of sale. | ||||||
10 | (h) A licensee shall post in a conspicuous position on the | ||||||
11 | premises where the licensee conducts business a sign that | ||||||
12 | contains the following warning in block letters not less than | ||||||
13 | one inch in height: | ||||||
14 | "With few exceptions, it is unlawful for you to: | ||||||
15 | (1) store or leave an unsecured firearm in a place | ||||||
16 | where a child can obtain access to it, | ||||||
17 | (2) sell or transfer your firearm to someone else | ||||||
18 | without receiving approval for the transfer from the | ||||||
19 | Department of State Police, or | ||||||
20 | (3) fail to report the loss or theft of your | ||||||
21 | firearm to local law enforcement within 72 hours." | ||||||
22 | A licensee shall post any additional warnings or provide | ||||||
23 | any other information regarding firearms laws and the safe | ||||||
24 | storage of firearms to consumers as required by the Department | ||||||
25 | by rule. | ||||||
26 | (i) Before issuance, renewal, or restoration of a |
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1 | dealership license, the Department shall inspect the premises | ||||||
2 | of the proposed business to ensure compliance with this Act. | ||||||
3 | Licensees shall have their places of business open for | ||||||
4 | inspection by the Department and law enforcement during all | ||||||
5 | hours of operation, provided that the Department may conduct no | ||||||
6 | more than one unannounced inspection per dealer or dealership | ||||||
7 | per year without good cause. Licensees shall make all records, | ||||||
8 | documents, and firearms accessible for inspection upon the | ||||||
9 | request of law enforcement and the Department. | ||||||
10 | (j) The premises where the licensee conducts business shall | ||||||
11 | not be located in any district or area that is within 500 feet | ||||||
12 | of any school, pre-school, or day-care facility. This | ||||||
13 | subsection (j) does not apply to a licensee whose business | ||||||
14 | existed in that location on the effective date of this Act, and | ||||||
15 | does not limit the authority of a local government to impose | ||||||
16 | and enforce additional limits on the location of a business | ||||||
17 | regulated under this Act.
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18 | (Source: 100SB1657eng.) | ||||||
19 | (100SB1657eng, Sec. 150)
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20 | Sec. 150. Fees; deposit of fees and fines. The Department | ||||||
21 | shall by rule provide for fees for the administration and | ||||||
22 | enforcement of this Act, and those fees are nonrefundable. An | ||||||
23 | application fee or renewal fee for a dealership license or a | ||||||
24 | dealer license shall not exceed $1,000 for the 5-year period. | ||||||
25 | All of the fees, penalties, and fines collected under this Act |
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1 | shall be deposited into the General Professions Dedicated Fund | ||||||
2 | and shall be appropriated to the Department for the ordinary | ||||||
3 | and contingent expenses of the Department in the administration | ||||||
4 | and enforcement of this Act.
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5 | (Source: 100SB1657eng.) | ||||||
6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | Senate Bill 1657 of the 100th General Assembly becoming law. |