SB0337ham001 100TH GENERAL ASSEMBLY

Rep. Kathleen Willis

Filed: 5/25/2018

10000SB0337ham001 LRB100 05120 RLC 40934 a

AMENDMENT TO SENATE BILL 337

AMENDMENT NO. ______. Amend Senate Bill 337 on page 2, line 5, by deleting "or similar location"; and

on page 2, line 8, by inserting "or similar special event", after "show"; and

on page 2, line 15, after "valid.", by inserting "The Department may by rule create a process for checking the validity of the license, in lieu of requiring an affidavit."; and

on page 2, line 20, by inserting after "affidavit." the following: "If the Department does not issue the certificate within 30 days, the licensee shall operate as if a certificate has been granted unless and until a denial is issued by the Department."; and

on page 2, line 22, by replacing "90 days" with "180 days"; and

on page 3, line 7, after "business name", by inserting "on the license"; and

on page 3, line 8 after "business name", by inserting "on the license"; and

on page 4, line 10, by replacing "60" with "90"; and

on page 4, line 18, after "different", by inserting "business"; and

on page 4, line 19, after "another", by inserting "business"; and

on page 4, line 20, after "different", by inserting "business"; and

on page 5, lines 16 and 17, by deleting "and director,"; and

on page 5, line 18, after "corporate names", by inserting "by and which the certified licensee sells, transfers, or facilitates transfers of firearms"; and

on page 6, line 8, after "exceptions", by inserting "enumerated in the Firearm Owners Identification Card Act"; and

on page 6, by inserting immediately below line 15 "This sign shall be created by the Department and made available for printing or downloading from the Department's website."; and

on page 6, line 19, after "established", by inserting "as measured from the nearest corner of the building holding the retail location to the corner of the school, pre-school, or day care facility building nearest the retail location at the time the retail location seeks licensure"; and

on page 8, line 23, after "licensees", by inserting "related to legal requirements and responsible business practices regarding the sale or transfer of firearms"; and

on page 9, line 3, after "operation", by inserting "involving the selling, leasing, or otherwise transferring of firearms"; and

on page 9, line 5, by replacing "Licensees" with "During an inspection, licensees"; and

on page 9, line 19, after "licensee." by inserting the following: "If an owner, employee, or other agent of the certified licensee is not otherwise a resident of this State, the certified licensee shall submit an affidavit stating that the owner, employee, or other agent has undergone a background check and is not prohibited from owning or possessing firearms."; and

on page 10, by replacing lines 4 through 14 with the following:

"(c) If a certified licensee has a license, certificate, or permit to sell, lease, transfer, purchase, or possess firearms issued by the federal government or the government of any state revoked or suspended for good cause within the preceding 4 years, the Department may consider revoking or suspending the certified licenses in this State. In making a determination of whether or not to revoke or suspend a certified license in this State, the Department shall consider the number of retail locations the certified licensee or any related person or entity operates in this State or in other states under the same or different business names, and the severity of the infraction in the state in which a license was revoked or suspended."; and

on page 10, line 22, after "deems", by inserting "directly"; and

on page 10, line 25, by inserting after "State." the following: "The licensee may file an emergency motion with the Director or a hearing officer authorized by the Department to quash a subpoena issued by the Department. If the Director or hearing officer determines that the subpoena was issued without good cause, the Director or hearing officer may quash the subpoena."; and

on page 11, line 6, after "firearms", by inserting "in inventory"; and

on page 11, line 7, by replacing "transferred, or carried" with "or transferred"; and

on page 11, line 10, by inserting after "location." the following: "If a video security system is deemed inadequate by the Department, the licensee shall have 30 days to correct the inadequacy. The Department shall submit to the licensee a written statement describing the specific inadequacies."; and

on page 11, line 15, by inserting after "RECORDED."." the following: "This sign shall be created by the Department and available for printing or downloading from the Department's website."; and

on page 12, line 8, by replacing "inadequacy" with "specific inadequacies"; and

on page 12, line 11, after "plan,", by inserting "the Department shall note the specific inadequacies in writing and"; and

on page 12, line 20, by replacing "may" with "shall"; and

on page 12, line 21, by inserting after "plan." the following: "The rules shall take into account the various types and sizes of the entities involved, and shall comply with all relevant State and federal laws."; and

by replacing line 25 on page 12 and line 1 on page 13 with the following: "Department shall develop and implement by rule statewide training standards for assisting certified licensees in recognizing"; and

on page 13, line 3, after "firearm", by inserting ", including, but not limited to, indicators of a straw purchase"; and

on page 13, line 5, after "licensee", by inserting "operating a retail location"; and

by replacing line 23 on page 13 through line 3 on page 14 with the following: "Department may not charge a certified licensee in this State, operating under the same or different business name, fees exceeding $40,000 for the certification of multiple licenses. All fees and fines collected under this Act"; and

on page 14, line 15, by replacing "inventory" with "acquisition and disposition"; and

on page 16, line 16, by replacing "60" with "90"; and

on page 20, line 11, by deleting "indefinite" wherever it appears; and

on page 21, by inserting immediately below line 21 the following:

"Section 5-120. Federal agencies and investigations. Nothing in this Act shall be construed to interfere with any federal agency or any federal agency investigation. All Department rules adopted under this Act shall comply with federal law. The Department may as necessary coordinate efforts with relevant State and federal law enforcement agencies to enforce this Act."; and

on page 28, line 14, by inserting after "offense." the following: "A transferee shall not be criminally liable under this Section provided that he or she provides the Department of State Police with the transfer records in accordance with procedures established by the Department. The Department shall establish, by rule, a standard form on its website.".