Rep. Kathleen Willis
Filed: 5/25/2018
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1 | AMENDMENT TO SENATE BILL 337
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2 | AMENDMENT NO. ______. Amend Senate Bill 337 on page 2, line | ||||||
3 | 5, by deleting "or similar location"; and
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4 | on page 2, line 8, by inserting "or similar special event", | ||||||
5 | after "show"; and | ||||||
6 | on page 2, line 15, after "valid.", by inserting "The | ||||||
7 | Department may by rule create a process for checking the | ||||||
8 | validity of the license, in lieu of requiring an affidavit."; | ||||||
9 | and | ||||||
10 | on page 2, line 20, by inserting after "affidavit." the | ||||||
11 | following: | ||||||
12 | "If the Department does not issue the certificate within 30 | ||||||
13 | days, the licensee shall operate as if a certificate has been | ||||||
14 | granted unless and until a denial is issued by the | ||||||
15 | Department."; and
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1 | on page 2, line 22, by replacing "90 days" with "180 days"; and | ||||||
2 | on page 3, line 7, after "business name", by inserting "on the | ||||||
3 | license"; and | ||||||
4 | on page 3, line 8 after "business name", by inserting "on the | ||||||
5 | license"; and | ||||||
6 | on page 4, line 10, by replacing "60" with "90"; and | ||||||
7 | on page 4, line 18, after "different", by inserting "business"; | ||||||
8 | and
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9 | on page 4, line 19, after "another", by inserting "business"; | ||||||
10 | and | ||||||
11 | on page 4, line 20, after "different", by inserting "business"; | ||||||
12 | and | ||||||
13 | on page 5, lines 16 and 17, by deleting "and director,"; and
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14 | on page 5, line 18, after "corporate names", by inserting "by | ||||||
15 | and which the certified licensee sells, transfers, or | ||||||
16 | facilitates transfers of firearms"; and
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1 | on page 6, line 8, after "exceptions", by inserting "enumerated | ||||||
2 | in the Firearm Owners Identification Card Act"; and
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3 | on page 6, by inserting immediately below line 15 "This sign | ||||||
4 | shall be created by the Department and made available for | ||||||
5 | printing or downloading from the Department's website."; and | ||||||
6 | on page 6, line 19, after "established", by inserting "as | ||||||
7 | measured from the nearest corner of the building holding the | ||||||
8 | retail location to the corner of the school, pre-school, or day | ||||||
9 | care facility building nearest the retail location at the time | ||||||
10 | the retail location seeks licensure"; and | ||||||
11 | on page 8, line 23, after "licensees", by inserting "related to | ||||||
12 | legal requirements and responsible business practices | ||||||
13 | regarding the sale or transfer of firearms"; and | ||||||
14 | on page 9, line 3, after "operation", by inserting "involving | ||||||
15 | the selling, leasing, or otherwise transferring of firearms"; | ||||||
16 | and | ||||||
17 | on page 9, line 5, by replacing "Licensees" with "During an | ||||||
18 | inspection, licensees"; and | ||||||
19 | on page 9, line 19, after "licensee." by inserting the | ||||||
20 | following: |
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1 | "If an owner, employee, or other agent of the certified | ||||||
2 | licensee is not otherwise a resident of this State, the | ||||||
3 | certified licensee shall submit an affidavit stating that the | ||||||
4 | owner, employee, or other agent has undergone a background | ||||||
5 | check and is not prohibited from owning or possessing | ||||||
6 | firearms."; and | ||||||
7 | on page 10, by replacing lines 4 through 14 with the following: | ||||||
8 | "(c) If a certified licensee has a license, certificate, or | ||||||
9 | permit to sell, lease, transfer, purchase, or possess firearms | ||||||
10 | issued by the federal government or the government of any state | ||||||
11 | revoked or suspended for good cause within the preceding 4 | ||||||
12 | years, the Department may consider revoking or suspending the | ||||||
13 | certified licenses in this State. In making a determination of | ||||||
14 | whether or not to revoke or suspend a certified license in this | ||||||
15 | State, the Department shall consider the number of retail | ||||||
16 | locations the certified licensee or any related person or | ||||||
17 | entity operates in this State or in other states under the same | ||||||
18 | or different business names, and the severity of the infraction | ||||||
19 | in the state in which a license was revoked or suspended."; and | ||||||
20 | on page 10, line 22, after "deems", by inserting "directly"; | ||||||
21 | and
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22 | on page 10, line 25, by inserting after "State." the following: | ||||||
23 | "The licensee may file an emergency motion with the Director or |
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1 | a hearing officer authorized by the Department to quash a | ||||||
2 | subpoena issued by the Department. If the Director or hearing | ||||||
3 | officer determines that the subpoena was issued without good | ||||||
4 | cause, the Director or hearing officer may quash the | ||||||
5 | subpoena."; and | ||||||
6 | on page 11, line 6, after "firearms", by inserting "in | ||||||
7 | inventory"; and | ||||||
8 | on page 11, line 7, by replacing "transferred, or carried" with
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9 | "or transferred"; and | ||||||
10 | on page 11, line 10, by inserting after "location." the | ||||||
11 | following: | ||||||
12 | "If a video security system is deemed inadequate by the | ||||||
13 | Department, the licensee shall have 30 days to correct the | ||||||
14 | inadequacy. The Department shall submit to the licensee a | ||||||
15 | written statement describing the specific inadequacies."; and | ||||||
16 | on page 11, line 15, by inserting after "RECORDED."." the | ||||||
17 | following: | ||||||
18 | "This sign shall be created by the Department and available for | ||||||
19 | printing or downloading from the Department's website."; and | ||||||
20 | on page 12, line 8, by replacing "inadequacy" with "specific | ||||||
21 | inadequacies"; and |
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1 | on page 12, line 11, after "plan,", by inserting "the | ||||||
2 | Department shall note the specific inadequacies in writing | ||||||
3 | and"; and
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4 | on page 12, line 20, by replacing "may" with "shall"; and
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5 | on page 12, line 21, by inserting after "plan." the following: | ||||||
6 | "The rules shall take into account the various types and sizes | ||||||
7 | of the entities involved, and shall comply with all relevant | ||||||
8 | State and federal laws."; and
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9 | by replacing line 25 on page 12 and line 1 on page 13 with the | ||||||
10 | following: | ||||||
11 | "Department shall develop and implement by rule statewide | ||||||
12 | training standards for assisting certified licensees in | ||||||
13 | recognizing"; and | ||||||
14 | on page 13, line 3, after "firearm", by inserting ", including, | ||||||
15 | but not limited to, indicators of a straw purchase"; and | ||||||
16 | on page 13, line 5, after "licensee", by inserting "operating a | ||||||
17 | retail location"; and | ||||||
18 | by replacing line 23 on page 13 through line 3 on page 14 with | ||||||
19 | the following: |
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1 | "Department may not charge a certified licensee in this State, | ||||||
2 | operating under the same or different business name, fees | ||||||
3 | exceeding $40,000 for the certification of multiple licenses. | ||||||
4 | All fees and fines collected under this Act"; and | ||||||
5 | on page 14, line 15, by replacing "inventory" with "acquisition | ||||||
6 | and disposition"; and | ||||||
7 | on page 16, line 16, by replacing "60" with "90"; and | ||||||
8 | on page 20, line 11, by deleting "indefinite" wherever it | ||||||
9 | appears; and | ||||||
10 | on page 21, by inserting immediately below line 21 the | ||||||
11 | following: | ||||||
12 | "Section 5-120. Federal agencies and investigations. | ||||||
13 | Nothing in this Act shall be construed to interfere with any | ||||||
14 | federal agency or any federal agency investigation. All | ||||||
15 | Department rules adopted under this Act shall comply with | ||||||
16 | federal law. The Department may as necessary coordinate efforts | ||||||
17 | with relevant State and federal law enforcement agencies to | ||||||
18 | enforce this Act."; and | ||||||
19 | on page 28, line 14, by inserting after " offense. " the | ||||||
20 | following: |
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1 | " A transferee shall not be criminally liable under this Section | ||||||
2 | provided that he or she provides the Department of State Police | ||||||
3 | with the transfer records in accordance with procedures | ||||||
4 | established by the Department. The Department shall establish, | ||||||
5 | by rule, a standard form on its website. ".
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