Sen. Don Harmon
Filed: 4/25/2018
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1 | AMENDMENT TO SENATE BILL 337
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2 | AMENDMENT NO. ______. Amend Senate Bill 337, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 1. Short title. This Act may be cited as the Gun | ||||||
6 | Dealer Licensing Act. | ||||||
7 | Section 5. Definitions. As used in this Act: | ||||||
8 | "Address of record" means the designated address recorded | ||||||
9 | by the Department in the applicant's, dealer's or dealership | ||||||
10 | agent's application file or license file as maintained by the | ||||||
11 | Department's licensure maintenance unit. It is the duty of the | ||||||
12 | applicant or dealer to inform the Department of any change of | ||||||
13 | address, and those changes must be made either through the | ||||||
14 | Department's website or by contacting the Department's | ||||||
15 | licensure maintenance unit. | ||||||
16 | "Applicant" means any person who applies for a dealership |
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1 | license or dealer license, or the renewal of the dealership | ||||||
2 | license or dealer license under this Act. | ||||||
3 | "Board" means the Gun Dealer Licensing Board. | ||||||
4 | "Collector" means as defined by 18 U.S.C. 921(a)(13) any | ||||||
5 | person who acquires, holds, or disposes of firearms as curios | ||||||
6 | or relics, as the United States Attorney General shall by | ||||||
7 | regulation define. "Collector" includes the following type of | ||||||
8 | Federal Firearms License: Type 03-collector of curios and | ||||||
9 | relics. | ||||||
10 | "Confidential or security information" means information | ||||||
11 | which identifies the purchasers or other transferees of | ||||||
12 | firearms from a dealer or dealership. | ||||||
13 | "Dealer" means any person engaged in the business of | ||||||
14 | selling, leasing, or otherwise transferring firearms or any | ||||||
15 | person within the meanings provided by 18 U.S.C. 921(a)(11) and | ||||||
16 | 27 CFR 478.11 to include any person engaged in the business of | ||||||
17 | selling firearms at wholesale or retail, or repairing firearms | ||||||
18 | or making or fitting special barrels, stocks, or trigger | ||||||
19 | mechanisms to firearms. "Dealer" includes the following | ||||||
20 | Federal Firearms Licenses: Type 01-dealer in firearms other | ||||||
21 | than destructive devices; Type 02-pawnbroker in firearms other | ||||||
22 | than destructive devices; Type 09-dealer of destructive | ||||||
23 | devices. | ||||||
24 | "Dealership" means a person, firm, corporation, or other | ||||||
25 | legal entity that engages in the business of selling, leasing, | ||||||
26 | or otherwise transferring firearms and employs, in addition to |
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1 | the gun dealer licensee-in-charge, at least one other | ||||||
2 | dealership agent. | ||||||
3 | "Dealership agent" means an owner, officer, paid or unpaid | ||||||
4 | agent, volunteer or employee of a licensed dealership who has | ||||||
5 | access to or control of firearms in the inventory of the | ||||||
6 | dealership or confidential or security information of the | ||||||
7 | dealership. | ||||||
8 | "Dealership licensee-in-charge" or "licensee-in-charge" | ||||||
9 | means a dealer who has been designated by a dealership to be | ||||||
10 | the licensee-in-charge of the dealership, who is a full-time | ||||||
11 | management employee or owner who assumes sole responsibility | ||||||
12 | for maintaining all records required by this Act, and who | ||||||
13 | assumes sole responsibility for assuring the dealership's | ||||||
14 | compliance with its responsibilities as stated in this Act. The | ||||||
15 | Department shall adopt rules mandating licensee-in-charge | ||||||
16 | participation in dealership affairs. | ||||||
17 | "Department" means the Department of Financial and | ||||||
18 | Professional Regulation. | ||||||
19 | "Engaged in the business" means a person who, as provided | ||||||
20 | in 18 U.S.C. 921(a)(21) and 27 CFR 478.11(a), devotes time, | ||||||
21 | attention, and labor to engaging in such activity as a regular | ||||||
22 | course of trade or business with the principal objective of | ||||||
23 | livelihood and profit, or who: | ||||||
24 | (1) conducts a business selling, leasing, or | ||||||
25 | transferring firearms; | ||||||
26 | (2) holds himself or herself out as engaged in the |
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1 | business of selling, leasing, or otherwise transferring | ||||||
2 | firearms; or | ||||||
3 | (3) sells, leases, or transfers firearms in quantity, | ||||||
4 | in series, or in any other manner indicative of trade. | ||||||
5 | "Firearm" has the same meaning as "firearm" in Section 1.1 | ||||||
6 | of the Firearm Owners Identification Card Act. | ||||||
7 | "Gunsmith" means, as defined in 27 CFR 478.11(d), any | ||||||
8 | person who receives firearms (frames, receivers, or otherwise) | ||||||
9 | provided by a customer for the purpose of repairing, modifying, | ||||||
10 | embellishing, refurbishing, or installing parts in or on those | ||||||
11 | firearms. A gunsmith is not "engaged in the business" of | ||||||
12 | manufacturing firearms because the firearms being produced are | ||||||
13 | not owned by the gunsmith and he does not sell or distribute | ||||||
14 | the firearms manufactured. | ||||||
15 | "Importer" means, as defined by 18 U.S.C. 921 (a)(9) and 18 | ||||||
16 | U.S.C. 921 (a)(21)(E), a person who devotes time, attention, | ||||||
17 | and labor to importing firearms as a regular course of trade or | ||||||
18 | business with the principal objective of livelihood and profit | ||||||
19 | through the sale or distribution of the firearms imported. | ||||||
20 | "Importer" shall include the following types of Federal | ||||||
21 | Firearms Licenses: Type 08-importer of firearms other than | ||||||
22 | destructive devices or ammunition for firearms other than | ||||||
23 | destructive devices, or ammunition other than armor piercing | ||||||
24 | ammunition; Type 11-importer of destructive devices, | ||||||
25 | ammunition for destructive devices, or armor piercing | ||||||
26 | ammunition. |
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1 | "Licensee" means a dealer or a dealership licensed under | ||||||
2 | this Act. Anyone who holds himself or herself out as a licensee | ||||||
3 | or who is accused of unlicensed business is considered a | ||||||
4 | licensee for purposes of enforcement, investigation, hearings, | ||||||
5 | and the Illinois Administrative Procedure Act. | ||||||
6 | "Licensed collector" means any person licensed as a | ||||||
7 | collector under 18 U.S.C. 923. | ||||||
8 | "Manufacturer" means, as defined by 18 U.S.C. 921 (a)(10) | ||||||
9 | and 27 CFR 478.11, any person engaged in the business of | ||||||
10 | manufacturing firearms or ammunition for purposes of sale or | ||||||
11 | distribution. "Manufacturer" includes the following types of | ||||||
12 | Federal Firearms Licenses: Type 06-manufacturer of ammunition | ||||||
13 | for firearms other than ammunition for destructive devices or | ||||||
14 | armor piercing ammunition; Type 07-manufacturer of firearms | ||||||
15 | other than destructive devices; Type 10-manufacturer of | ||||||
16 | destructive devices, ammunition for destructive devices, or | ||||||
17 | armor piercing ammunition. | ||||||
18 | "Person" means a natural person. | ||||||
19 | "Secretary" means the Secretary of Financial and | ||||||
20 | Professional Regulation. | ||||||
21 | Section 10. License requirement. | ||||||
22 | (a) It is unlawful for a person to engage in the business | ||||||
23 | of selling, leasing, or otherwise transferring firearms | ||||||
24 | without a license under this Act. A dealership agent other than | ||||||
25 | a dealer licensee-in-charge may act on behalf of the licensed |
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1 | dealership under Section 75 without being licensed as a dealer | ||||||
2 | under this Act. | ||||||
3 | (b) It is unlawful for a person, firm, corporation, group | ||||||
4 | of individuals, or other legal entity to act as a dealership | ||||||
5 | licensed under this Act, to advertise, or to assume to act as a | ||||||
6 | licensed dealership or to use a title implying that the person, | ||||||
7 | firm, or other entity is engaged in business as a dealership | ||||||
8 | without a license under this Act. An individual or sole | ||||||
9 | proprietor licensed as a dealer who operates without any | ||||||
10 | dealership agents may act as a dealership without having to | ||||||
11 | obtain a dealership license, provided the dealer notifies the | ||||||
12 | Department that he or she is operating in this manner and | ||||||
13 | provides the information required under Section 65, as | ||||||
14 | determined to be applicable to the dealer by the Department. | ||||||
15 | The dealer may operate under a "doing business as" or assumed | ||||||
16 | name certification so long as the assumed name is first | ||||||
17 | registered with the Department. | ||||||
18 | (b-5) A person licensed as an auctioneer under the Auction | ||||||
19 | License Act may facilitate a transfer permitted under this Act | ||||||
20 | without being registered as a dealer under this Act. | ||||||
21 | (c) No dealership shall operate a branch office without | ||||||
22 | first applying for and receiving a branch office license for | ||||||
23 | each location. The term "branch office" does not include a | ||||||
24 | location at which the dealership conducts business | ||||||
25 | temporarily, such as at a gun show. | ||||||
26 | (d) It is unlawful to obtain or attempt to obtain any |
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1 | license or authorization issued under this Act by fraudulent | ||||||
2 | misrepresentation. | ||||||
3 | (e) A person who violates any provision of this Section is | ||||||
4 | guilty of a Class A misdemeanor for a first violation, and a | ||||||
5 | Class 4 felony for a second or subsequent violation. | ||||||
6 | (f) In addition to any other penalty provided by law, any | ||||||
7 | person or entity who violates any provision of this Section | ||||||
8 | shall pay a civil penalty to the Department in an amount not to | ||||||
9 | exceed $10,000 for each offense as determined by the | ||||||
10 | Department. The civil penalty shall be assessed by the | ||||||
11 | Department after a hearing is held in accordance with the | ||||||
12 | provisions set forth in this Act regarding the provision of a | ||||||
13 | hearing for the discipline of a licensee. | ||||||
14 | (g) The Department has the authority and power to | ||||||
15 | investigate any and all unlicensed activity. | ||||||
16 | (h) The civil penalty shall be paid within 60 days after | ||||||
17 | the effective date of the order imposing the civil penalty. The | ||||||
18 | order shall constitute a judgment and may be filed and | ||||||
19 | execution had thereon in the same manner as any judgment from | ||||||
20 | any court of record. | ||||||
21 | Section 15. Exemptions.
The provisions of this Act related | ||||||
22 | to the licensure of dealers and dealerships do not apply to a | ||||||
23 | person or other entity that engages in the following | ||||||
24 | activities: | ||||||
25 | (1) transfers of less than 10 firearms within each calendar |
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1 | year; | ||||||
2 | (2) temporary transfers of firearms solely for use at the | ||||||
3 | location or on the premises where the transfer takes place, | ||||||
4 | such as transfers at a shooting range for use at that location; | ||||||
5 | (3) temporary transfers of firearms solely for use while in | ||||||
6 | the presence of the transferor, such as transfers for the | ||||||
7 | purposes of firearm safety training by a training instructor; | ||||||
8 | (4) transfers of firearms among immediate family or | ||||||
9 | household members, as "immediate family or household member" is | ||||||
10 | defined in Section 3-2.7-10 of the Unified Code of Corrections; | ||||||
11 | (5) transfers by persons or entities acting under operation | ||||||
12 | of law or a court order; | ||||||
13 | (6) transfers by persons or entities liquidating all or | ||||||
14 | part of a collection. For purposes of this paragraph (6), | ||||||
15 | "collection" means 2 or more firearms which are of special | ||||||
16 | interest to collectors by reason of some quality other than is | ||||||
17 | associated with firearms intended for sporting use or as | ||||||
18 | offensive or defensive weapons; | ||||||
19 | (7) transfers of firearms that have been rendered | ||||||
20 | permanently inoperable to a nonprofit historical society, | ||||||
21 | museum, or institutional collection; | ||||||
22 | (8) transfers by a law enforcement or corrections agency or | ||||||
23 | a law enforcement or corrections officer acting within the | ||||||
24 | course and scope of his or her official duties; | ||||||
25 | (9) transfers by a person who has his or her Firearm | ||||||
26 | Owner's Identification Card revoked to a State or local law |
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1 | enforcement agency; | ||||||
2 | (10) transfers of curios and relics, as defined under | ||||||
3 | federal law, between collectors licensed under subsection (b) | ||||||
4 | of Section 923 of the federal Gun Control Act of 1968; | ||||||
5 | (11) transfers by a manufacturer or importer; provided, | ||||||
6 | that a dealer holding a Federal Firearms License Type 01-dealer | ||||||
7 | in firearms other than destructive devices; Type 02-pawnbroker | ||||||
8 | in firearms other than destructive devices; or Type 09-dealer | ||||||
9 | of destructive devices on April 1, 2017, is not exempt from | ||||||
10 | this Act by obtaining a Manufacturer Federal Firearms License | ||||||
11 | or Importer Federal Firearms License; | ||||||
12 | (12) transfers of pieces or parts of a firearm that do not | ||||||
13 | themselves qualify as firearms under paragraph (3) of | ||||||
14 | subsection (a) of Section 921 of the federal Gun Control Act of | ||||||
15 | 1968 by a person who is actually engaged in manufacturing and | ||||||
16 | selling those pieces or parts but only on the activities which | ||||||
17 | are within the lawful scope of that business, and the | ||||||
18 | manufacture of which do not require the manufacturer to hold a | ||||||
19 | Federal Firearms License; or | ||||||
20 | (13) transfers of firearms by a dealer in which 20% or less | ||||||
21 | of the dealer's annual sales are from the sale of firearms. | ||||||
22 | Section 20. Powers and duties of the Department. Subject to | ||||||
23 | the provisions of this Act, the Department shall exercise the | ||||||
24 | following powers and duties: | ||||||
25 | (1) Prescribe forms to be issued for the administration |
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1 | and enforcement of this Act. | ||||||
2 | (2) Prescribe and publish rules for issuance of dealer | ||||||
3 | licenses and dealership licenses authorizing qualified | ||||||
4 | applicants to engage in the business of selling, leasing, | ||||||
5 | or otherwise transferring firearms. | ||||||
6 | (3) Review application to ascertain the qualifications | ||||||
7 | of applicants for licenses. | ||||||
8 | (4) Examine the records of licensees or investigate any | ||||||
9 | other aspect of the business of selling, leasing, or | ||||||
10 | otherwise transferring firearms. | ||||||
11 | (5) Conduct hearings on proceedings to refuse to issue | ||||||
12 | or renew licenses or to revoke, suspend, place on | ||||||
13 | probation, reprimand, or take any other disciplinary or | ||||||
14 | non-disciplinary action against licenses issued under this | ||||||
15 | Act. | ||||||
16 | (6) Formulate rules required for the administration of | ||||||
17 | this Act. Notice of proposed rulemaking shall be | ||||||
18 | transmitted to the Board, and the Department shall review | ||||||
19 | the Board's response and any recommendations made in the | ||||||
20 | response. | ||||||
21 | (7) Solicit the advice and expert knowledge of the | ||||||
22 | Board on any matter relating to the administration and | ||||||
23 | enforcement of this Act. | ||||||
24 | (8) Maintain rosters of the names and addresses of all | ||||||
25 | licensees and all persons whose licenses have been | ||||||
26 | suspended, revoked, denied renewal, or otherwise |
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1 | disciplined within the previous calendar year. These | ||||||
2 | rosters shall be available upon written request and payment | ||||||
3 | of the required fee as established by rule. | ||||||
4 | (9) Exercise the powers and duties prescribed by the | ||||||
5 | Civil Administrative Code of Illinois for the | ||||||
6 | administration of licensing Acts. | ||||||
7 | (10) Contract with the Department of State Police, as | ||||||
8 | necessary, to perform inspections of licensees, as | ||||||
9 | provided under this Act. | ||||||
10 | (11) Authorize examinations to ascertain the | ||||||
11 | qualifications and fitness of applicants for licensing as a | ||||||
12 | dealer and pass upon the qualifications of applicants for | ||||||
13 | licensure. | ||||||
14 | Section 25. The Gun Dealer Licensing Board. | ||||||
15 | (a) The Gun Dealer Licensing Board shall consist of 5 | ||||||
16 | members to be appointed by the Secretary. Each member shall | ||||||
17 | have a reasonable knowledge of the federal and State laws | ||||||
18 | regarding firearms. Each member shall either be a resident of | ||||||
19 | this State or shall certify that he or she will become a | ||||||
20 | resident of this State before taking office. The Board shall | ||||||
21 | consist of: | ||||||
22 | (1) one member with at least 5 years of service as a | ||||||
23 | county sheriff or chief of police of a municipal police | ||||||
24 | department within this State; | ||||||
25 | (2) one representative of the Department of State |
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1 | Police with at least 5 years investigative experience or | ||||||
2 | duties related to criminal justice; | ||||||
3 | (3) one member with at least 5 years of experience as a | ||||||
4 | federally licensed firearms dealer in good standing within | ||||||
5 | this State; | ||||||
6 | (4) one member who is a representative of an advocacy | ||||||
7 | group for public safety; and | ||||||
8 | (5) one member shall be a lawyer licensed to practice | ||||||
9 | law in this State.
The membership shall reasonably reflect | ||||||
10 | the different geographic areas in this State. | ||||||
11 | (b) Members shall serve 4 year terms and may serve until | ||||||
12 | their successors are appointed and qualified. Partial terms of | ||||||
13 | over 2 years in length shall be considered full terms. No | ||||||
14 | member shall serve for more than 2 successive terms. Whenever a | ||||||
15 | vacancy in the Board occurs, the remaining members of the Board | ||||||
16 | shall notify the Secretary of that vacancy within 5 days after | ||||||
17 | its occurrence and the Secretary shall fill the vacancy within | ||||||
18 | 45 days. Appointments to fill vacancies shall be made in the | ||||||
19 | same manner as the original appointments for the unexpired | ||||||
20 | portion of the vacated term. | ||||||
21 | (c) The Secretary may recommend the removal of any member | ||||||
22 | of the Board for cause at any time before the expiration of his | ||||||
23 | or her term. A majority vote of the members is required for a | ||||||
24 | decision to remove any member of the Board. A member subject to | ||||||
25 | formal disciplinary proceedings shall disqualify himself or | ||||||
26 | herself from all Board business until the charge is resolved. A |
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1 | member also shall disqualify himself or herself from any matter | ||||||
2 | on which the member cannot act objectively. | ||||||
3 | (d) The Board shall annually elect one of its members as | ||||||
4 | chairperson and one of its members as vice-chair. | ||||||
5 | (e) Members shall receive compensation as set by law. Each | ||||||
6 | member shall receive reimbursement as set by the Governor's | ||||||
7 | Travel Control Board for expenses incurred in carrying out the | ||||||
8 | duties as a Board member. | ||||||
9 | (f) A majority of Board members constitutes a quorum. A | ||||||
10 | majority vote of the members is required for a decision. A | ||||||
11 | vacancy in the membership of the Board shall not impair the | ||||||
12 | right of a quorum to exercise all of the rights and perform all | ||||||
13 | of the duties of the Board. | ||||||
14 | (g) The Board may recommend policies, procedures, and rules | ||||||
15 | relevant to the administration and enforcement of this Act. | ||||||
16 | Section 30. Application for license; forms. | ||||||
17 | (a) Each license application shall be on forms provided by | ||||||
18 | the Department. | ||||||
19 | (b) Every application for an original dealer license shall | ||||||
20 | include the applicant's social security number, which shall be | ||||||
21 | retained in the dealership's records pertaining to the license. | ||||||
22 | As soon as practical, the Department shall assign a customer's | ||||||
23 | identification number to each applicant for a license. | ||||||
24 | Every application for a renewal or restored license shall | ||||||
25 | require the applicant's customer identification number. |
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1 | (c) Beginning January 1, 2019, the Department shall accept | ||||||
2 | applications for dealership licenses and dealer licenses. | ||||||
3 | Section 35. Issuance of license; renewal; fees. | ||||||
4 | (a) The Department shall, upon the applicant's | ||||||
5 | satisfactory completion of the requirements under this Act and | ||||||
6 | receipt of the fee, issue the license indicating the name and | ||||||
7 | business location of the licensee and the date of expiration. | ||||||
8 | On or before December 31, 2019, the Department shall issue | ||||||
9 | dealer and dealership licenses to all qualified applicants | ||||||
10 | whose business existed in that location on the effective date | ||||||
11 | of this Act, and who submitted the application to the | ||||||
12 | Department on or after January 1, 2019 but before October 1, | ||||||
13 | 2019. If an applicant submits an application for a license | ||||||
14 | before October 1, 2019 and the Department does not issue or | ||||||
15 | deny the license on or before December 31, 2019, or the | ||||||
16 | Department does not issue or deny a license within 90 days to | ||||||
17 | an applicant who submits an application for a license or | ||||||
18 | renewal of a license on October 1, 2019 or thereafter, the | ||||||
19 | applicant or licensee shall not be in violation of this Act on | ||||||
20 | the basis of continuing to operate the business. | ||||||
21 | (b) The expiration date and renewal period for each license | ||||||
22 | shall be 5 years. The conditions for renewal and restoration of | ||||||
23 | each license shall be set by rule. The holder may renew the | ||||||
24 | license during the 90 days preceding its expiration by paying | ||||||
25 | the required fee and by meeting conditions that the Department |
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1 | may specify. As a condition of renewal of a dealer's license, | ||||||
2 | the Department shall receive from the applicant a copy of his | ||||||
3 | or her valid and unexpired concealed carry license, or shall | ||||||
4 | verify the validity of the applicant's Firearm Owner's | ||||||
5 | Identification Card through the Department of State Police in a | ||||||
6 | manner prescribed by rule by the Department of State Police. A | ||||||
7 | dealership or dealer operating on an expired license is | ||||||
8 | considered to be practicing without a license. | ||||||
9 | (c) A dealership that has permitted a license to expire may | ||||||
10 | have it restored by submitting an application to the | ||||||
11 | Department, successfully completing an inspection by the | ||||||
12 | Department, and by paying the required restoration fee and all | ||||||
13 | lapsed renewal fees. | ||||||
14 | (d) A dealer that has permitted a license to expire may | ||||||
15 | have it restored by submitting an application to the | ||||||
16 | Department, paying the required restoration fee and all lapsed | ||||||
17 | renewal fees and by providing evidence of competence to resume | ||||||
18 | practice satisfactory to the Department and the Board, which | ||||||
19 | shall include a copy of the license holder's valid and | ||||||
20 | unexpired concealed carry license, or verification of the | ||||||
21 | continued validity of the license holder's Firearm Owner's | ||||||
22 | Identification Card through the Department of State Police in a | ||||||
23 | manner prescribed by rule by the Department of State Police, | ||||||
24 | and may include passing a written examination. | ||||||
25 | (e) Any dealer whose license has expired while he or she | ||||||
26 | has been engaged (1) in the federal service in active duty with |
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1 | the Army of the United States, the United States Navy, the | ||||||
2 | Marine Corps, the Air Force, the Coast Guard, or the State | ||||||
3 | Militia called into the service or training of the United | ||||||
4 | States of America, or (2) in training or education under the | ||||||
5 | supervision of the United States preliminary to induction into | ||||||
6 | the military service, may have his or her license restored | ||||||
7 | without paying any lapsed renewal fees or restoration fee, if | ||||||
8 | within 2 years after termination of that service, training or | ||||||
9 | education, other than by dishonorable discharge, he or she | ||||||
10 | furnishes the Department with an affidavit to the effect that | ||||||
11 | he or she has been so engaged and that his or her service, | ||||||
12 | training or education has been so terminated. | ||||||
13 | (f) A license shall not be denied any applicant because of | ||||||
14 | the race, religion, creed, national origin, political beliefs | ||||||
15 | or activities, age, sex, sexual orientation, or physical | ||||||
16 | disability that does not affect a person's ability to practice | ||||||
17 | with reasonable judgment, skill, or safety. | ||||||
18 | Section 40. Continuing education. The Department may adopt | ||||||
19 | rules of continuing education for persons licensed under this | ||||||
20 | Act. The Department shall consider the recommendations of the | ||||||
21 | Board in establishing guidelines for the continuing education | ||||||
22 | requirements. | ||||||
23 | Section 45. Examination of applicants; fee forfeiture. | ||||||
24 | (a) Applicants for licensure as a dealer shall be examined |
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1 | as provided by this Section if they are qualified to be | ||||||
2 | examined under this Act. All applicants taking the examination | ||||||
3 | shall be evaluated using the same standards as others who are | ||||||
4 | examined for the respective license. | ||||||
5 | (b) Examinations for licensure shall be held at the time | ||||||
6 | and place as the Department may determine, but shall be held at | ||||||
7 | least twice a year. | ||||||
8 | (c) Examinations shall test the amount of knowledge and | ||||||
9 | skill needed to perform the duties set under this Act and | ||||||
10 | comply with other provisions of federal and State law | ||||||
11 | applicable to the sale and transfer of firearms. The Department | ||||||
12 | may contract with a testing service for the preparation and | ||||||
13 | conduct of the examination. | ||||||
14 | (d) If an applicant neglects, fails, or refuses to take an | ||||||
15 | examination within one year after filing an application, the | ||||||
16 | fee shall be forfeited. However, an applicant may, after a | ||||||
17 | 1-year period, make a new application for examination | ||||||
18 | accompanied by the required fee. If an applicant fails to pass | ||||||
19 | the examination within 3 years after filing an application, the | ||||||
20 | application shall be denied. An applicant may make a new | ||||||
21 | application after the 3-year period. | ||||||
22 | (e) This Section does not apply to an applicant who was | ||||||
23 | properly licensed as a firearms dealer under Section 923 of the | ||||||
24 | federal Gun Control Act of 1968 (18 U.S.C. 923) on the | ||||||
25 | effective date of this Act, in operation in this State. |
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1 | Section 50. Qualifications for licensure as a dealer.
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2 | (a) A person is qualified for licensure as a dealer if he | ||||||
3 | or she meets all of the following requirements: | ||||||
4 | (1) is at least 21 years of age; | ||||||
5 | (2) has a currently valid and unexpired concealed carry | ||||||
6 | license or Firearm Owner's Identification Card. The | ||||||
7 | Department shall verify the validity of the applicant's | ||||||
8 | Firearm Owner's Identification Card through the Department | ||||||
9 | of State Police in a manner prescribed by rule by the | ||||||
10 | Department of State Police. The Department of State Police | ||||||
11 | shall provide the Department with an approval number if the | ||||||
12 | Firearm Owner's Identification Card is currently valid; | ||||||
13 | (3) has not had a license or permit to sell, lease, | ||||||
14 | transfer, purchase, or possess firearms from the federal | ||||||
15 | government or the government of any state or subdivision of | ||||||
16 | any state revoked or suspended for good cause within the | ||||||
17 | preceding 3 years, or been terminated from employment with | ||||||
18 | a licensee or former licensee for good cause within the | ||||||
19 | preceding 3 years; | ||||||
20 | (4) has a minimum of one year of experience, with a | ||||||
21 | minimum of 100 hours per year, during the 5 years | ||||||
22 | immediately preceding the application:
(i) as a dealership | ||||||
23 | agent under this Act; or
(ii) as a federal firearms dealer | ||||||
24 | licensed under Section 923 of the federal Gun Control Act | ||||||
25 | of 1968 (18 U.S.C. 923) or an employee of the business who | ||||||
26 | had access to firearms; |
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1 | (5) has paid the fees required by this Act; and | ||||||
2 | (6) has passed an examination authorized by the | ||||||
3 | Department. | ||||||
4 | (b) The Department may request a personal interview of an | ||||||
5 | applicant before the Board to further evaluate his or her | ||||||
6 | qualifications for a license. | ||||||
7 | Section 55. Qualifications for licensure as a dealership. | ||||||
8 | (a) Upon receipt of the required fee and the information | ||||||
9 | listed in subsection (b) of this Section, the Department shall | ||||||
10 | issue a license as a dealership to any of the following: | ||||||
11 | (1) An individual who submits an application and is a | ||||||
12 | licensed dealer under this Act. | ||||||
13 | (2) A firm that submits an application and all of the | ||||||
14 | members of the firm are licensed dealers under this Act. | ||||||
15 | (3) A corporation or limited liability company doing | ||||||
16 | business in this State that is authorized by its articles | ||||||
17 | of incorporation or organization to engage in the business | ||||||
18 | of conducting a dealership if at least one executive | ||||||
19 | employee is licensed as a dealer under this Act. | ||||||
20 | (b) The Department shall require all of the following | ||||||
21 | information from each applicant for licensure as a dealership | ||||||
22 | under this Act: | ||||||
23 | (1) The name, full business address, and telephone | ||||||
24 | number of the dealership. The business address for the | ||||||
25 | dealership shall be the complete street address where |
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1 | firearms in the inventory of the dealership are regularly | ||||||
2 | stored, shall be located within the State, and may not be a | ||||||
3 | Post Office Box. The applicant shall submit proof that the | ||||||
4 | business location is or will be used to conduct the | ||||||
5 | dealership's business. | ||||||
6 | (2) All trade or business names used by the licensee. | ||||||
7 | (3) The type of ownership or operation, such as a | ||||||
8 | partnership, corporation, or sole proprietorship. | ||||||
9 | (4) The name of the owner or operator of the | ||||||
10 | dealership, including: | ||||||
11 | (A) if a person, then the name and address of | ||||||
12 | record of the person; | ||||||
13 | (B) if a partnership, then the name and address of | ||||||
14 | record of each partner and the name of the partnership; | ||||||
15 | (C) if a corporation, then the name, address of | ||||||
16 | record, and title of each corporate officer and | ||||||
17 | director, the corporate names, and the name of the | ||||||
18 | state of incorporation; and | ||||||
19 | (D) if a sole proprietorship, then the full name | ||||||
20 | and address of record of the sole proprietor and the | ||||||
21 | name of the business entity. | ||||||
22 | (5) The name and license number of the | ||||||
23 | licensee-in-charge for the dealership. | ||||||
24 | (6) Proof that the applicant has applied for or | ||||||
25 | received a certificate of registration under the | ||||||
26 | Retailers' Occupation Tax Act. |
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1 | (7) From the sheriff of the county in which the | ||||||
2 | business address is located written confirmation stating | ||||||
3 | that, to the best of the sheriff's knowledge, the applicant | ||||||
4 | is in compliance with applicable federal, State, and local | ||||||
5 | laws. A sheriff that refuses to provide this confirmation | ||||||
6 | within 30 days after the date of the application shall | ||||||
7 | instead submit an objection in writing to the Department | ||||||
8 | and the license applicant based upon a reasonable suspicion | ||||||
9 | that the applicant is not in compliance with applicable | ||||||
10 | federal, State, and local laws. If no written confirmation | ||||||
11 | or objection is made under this paragraph (7) within 30 | ||||||
12 | days after the date of the application, the Department | ||||||
13 | shall proceed as if the sheriff had provided confirmation.
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14 | A municipality or county may impose additional | ||||||
15 | requirements for the operation of gun dealers and | ||||||
16 | dealerships beyond the requirements of this Act and | ||||||
17 | consistent with the United States Constitution and the | ||||||
18 | Constitution of the State of Illinois, including local | ||||||
19 | license requirements. It shall be the duty of local | ||||||
20 | authorities to investigate and enforce any failure of a | ||||||
21 | dealer or dealership to meet these requirements and to | ||||||
22 | notify the Department of these investigations and | ||||||
23 | enforcement actions. This paragraph (7) supersedes Section | ||||||
24 | 13.1 of the Firearm Owners Identification Card Act and | ||||||
25 | Section 90 of the Firearm Concealed Carry Act as applied to | ||||||
26 | the local regulation of dealers and dealerships. |
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1 | (8) Proof that the dealership is properly licensed as a | ||||||
2 | firearms dealer under federal law. | ||||||
3 | (9) A final inspection report demonstrating that the | ||||||
4 | Department has determined upon inspection that the | ||||||
5 | proposed business premises comply with Section 70 of this | ||||||
6 | Act. | ||||||
7 | (c) No dealer may be the licensee-in-charge for more than | ||||||
8 | one dealership. Upon written request by a representative of a | ||||||
9 | dealership, within 10 days after the loss of a | ||||||
10 | licensee-in-charge of a dealership because of the death of that | ||||||
11 | individual or because of the termination of the employment of | ||||||
12 | that individual, the Department shall issue a temporary | ||||||
13 | certificate of authority allowing the continuing operation of | ||||||
14 | the licensed dealership. No temporary certificate of authority | ||||||
15 | shall be valid for more than 90 days. An extension of an | ||||||
16 | additional 90 days may be granted upon written request by the | ||||||
17 | representative of the dealership. Not more than 2 extensions | ||||||
18 | may be granted to any dealership. No temporary permit shall be | ||||||
19 | issued for loss of the licensee-in-charge because of | ||||||
20 | disciplinary action by the Department related to his or her | ||||||
21 | conduct on behalf of the dealership. | ||||||
22 | (d) The Department may request a personal interview of a | ||||||
23 | gun dealership licensee-in-charge to evaluate the dealership's | ||||||
24 | qualifications for a license. | ||||||
25 | Section 60. Training of dealership agents. The Department |
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1 | shall adopt rules requiring dealership agents to undergo | ||||||
2 | training regarding legal requirements and responsible business | ||||||
3 | practices as applicable to the sale or transfer of firearms. | ||||||
4 | Before a dealership agent has unsupervised access to or control | ||||||
5 | over firearms in the dealership's inventory or confidential or | ||||||
6 | security information, the dealership shall ensure that the | ||||||
7 | dealership agent receives the training that the Department may | ||||||
8 | require. | ||||||
9 | Section 65. Display of license. Each licensee shall | ||||||
10 | prominently display his or her individual, agency, or branch | ||||||
11 | office license at each place where business is being conducted, | ||||||
12 | as required under this Act. A licensee-in-charge is required to | ||||||
13 | post his or her license only at the dealership office. | ||||||
14 | Section 70. Requirements; prohibitions. | ||||||
15 | (a) The Department of Financial and Professional | ||||||
16 | Regulation shall implement the provisions of this Section by | ||||||
17 | rule. | ||||||
18 | (b) A licensee shall maintain operating documents which | ||||||
19 | shall include procedures for the oversight of the licensee and | ||||||
20 | procedures to ensure accurate recordkeeping. | ||||||
21 | (c) By the date of application, a licensee shall implement | ||||||
22 | appropriate security measures, as provided by rule, to deter | ||||||
23 | and prevent the theft of firearms and unauthorized entrance | ||||||
24 | into areas containing firearms. The rules may provide for: |
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1 | (1) the manner of securing firearms when the location | ||||||
2 | is both open and closed for business; | ||||||
3 | (2) alarm systems for licensees; and | ||||||
4 | (3) other reasonable requirements to deter illegal | ||||||
5 | sales and reduce the risk of burglaries and other crimes or | ||||||
6 | accidents at licensees' business establishments. | ||||||
7 | (d) Beginning January 1, 2021, if a licensee operates the | ||||||
8 | business at a permanent physical location that is open to the | ||||||
9 | public, that location shall be equipped with a video | ||||||
10 | surveillance system sufficient to monitor the critical areas of | ||||||
11 | the business premises, including, but not limited to, all | ||||||
12 | places where firearms are stored, handled, sold, transferred, | ||||||
13 | or carried. A video surveillance system of the licensee's | ||||||
14 | business premises may not be installed in a bathroom and may | ||||||
15 | not monitor the bathrooms located in the business premises. The | ||||||
16 | video surveillance system shall operate without interruption | ||||||
17 | whenever the licensee is open for business. Whenever the | ||||||
18 | licensee is not open for business, the system shall be | ||||||
19 | triggered by a motion detector and begin recording immediately | ||||||
20 | upon detection of any motion within the monitored area. The | ||||||
21 | stored images shall be maintained on the business premises of | ||||||
22 | the licensee for a period of not less than 90 days from the | ||||||
23 | date of recording and shall only be available for inspection on | ||||||
24 | the premises by the licensee, the licensee's dealership agents, | ||||||
25 | the Department, or federal, State, and local law enforcement | ||||||
26 | upon request, and neither the stored images, copies, records, |
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1 | or reproductions of the stored images shall leave the custody | ||||||
2 | of the licensee except under a court order, subpoena, or search | ||||||
3 | warrant. The licensee shall post a sign in a conspicuous place | ||||||
4 | at each entrance to the premises that states in block letters | ||||||
5 | not less than one inch in height: | ||||||
6 | "THESE PREMISES ARE UNDER VIDEO SURVEILLANCE. YOUR IMAGE | ||||||
7 | MAY BE RECORDED." | ||||||
8 | (e) The area where the licensee stores firearms that are | ||||||
9 | inventory of the licensee shall only be accessed by dealership | ||||||
10 | agents, Department of Financial and Professional Regulation | ||||||
11 | staff performing inspections, law enforcement or other | ||||||
12 | emergency personnel, and contractors working on jobs unrelated | ||||||
13 | to firearms, such as installing or maintaining security devices | ||||||
14 | or performing electrical wiring. | ||||||
15 | (f) A licensee shall operate its business and conduct all | ||||||
16 | sales and transfers of firearms in compliance with all federal | ||||||
17 | and State laws, and maintain all records as required by federal | ||||||
18 | and State laws. | ||||||
19 | (g) A licensee shall make a photo copy of a buyer's or | ||||||
20 | transferee's valid photo I.D. card whenever a sale transaction | ||||||
21 | takes place. The photo copy shall be attached to the | ||||||
22 | documentation detailing the record of sale. | ||||||
23 | (h) A licensee shall post in a conspicuous position on the | ||||||
24 | premises where the licensee conducts business a sign that | ||||||
25 | contains the following warning in block letters not less than | ||||||
26 | one inch in height: |
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1 | "With few exceptions, it is unlawful for you to: | ||||||
2 | (1) store or leave an unsecured firearm in a place | ||||||
3 | where a child can obtain access to it, | ||||||
4 | (2) sell or transfer your firearm to someone else | ||||||
5 | without receiving approval for the transfer from the | ||||||
6 | Department of State Police, or | ||||||
7 | (3) fail to report the loss or theft of your | ||||||
8 | firearm to local law enforcement within 72 hours." | ||||||
9 | A licensee shall post any additional warnings or provide | ||||||
10 | any other information regarding firearms laws and the safe | ||||||
11 | storage of firearms to consumers as required by the Department | ||||||
12 | by rule. | ||||||
13 | (i) Before issuance, renewal, or restoration of a | ||||||
14 | dealership license, the Department shall inspect the premises | ||||||
15 | of the proposed business to ensure compliance with this Act. | ||||||
16 | Licensees shall have their places of business open for | ||||||
17 | inspection by the Department and law enforcement during all | ||||||
18 | hours of operation, provided that the Department may conduct no | ||||||
19 | more than one unannounced inspection per dealer or dealership | ||||||
20 | per year without good cause. Licensees shall make all records, | ||||||
21 | documents, and firearms accessible for inspection upon the | ||||||
22 | request of law enforcement and the Department. | ||||||
23 | (j) The premises where the licensee conducts business shall | ||||||
24 | not be located in any district or area that is within 500 feet | ||||||
25 | of any school, pre-school, or day-care facility. This | ||||||
26 | subsection (j) does not apply to a licensee whose business |
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1 | existed in that location on the effective date of this Act, and | ||||||
2 | does not limit the authority of a local government to impose | ||||||
3 | and enforce additional limits on the location of a business | ||||||
4 | regulated under this Act. | ||||||
5 | Section 75. Dealership agent requirements. A licensed | ||||||
6 | dealership may employ in the conduct of his or her business | ||||||
7 | dealership agents under the following provisions: | ||||||
8 | (1) A dealership shall not knowingly allow a person to have | ||||||
9 | unsupervised access to firearms in the inventory of the | ||||||
10 | dealership or confidential or security information who: | ||||||
11 | (A) is younger than 21 years of age; | ||||||
12 | (B) does not have a valid and unexpired concealed carry | ||||||
13 | license or Firearm Owner's Identification Card; or | ||||||
14 | (C) has had a license denied, suspended, or revoked | ||||||
15 | under this Act, or been terminated from employment as a | ||||||
16 | dealership agent: | ||||||
17 | (i) within one year before the date the person's | ||||||
18 | application for employment with the dealership; and | ||||||
19 | (ii) that refusal, denial, suspension, revocation, | ||||||
20 | or termination was based on any provision of this Act. | ||||||
21 | (2) No person may act as a dealership agent under this | ||||||
22 | Section until he or she has executed and furnished to the | ||||||
23 | employer, on forms furnished by the Department, a verified | ||||||
24 | statement to be known as "Dealership Agent's Statement" setting | ||||||
25 | forth: |
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1 | (A) The person's full name, age, and residence address. | ||||||
2 | (B) That the person has not had a license denied, | ||||||
3 | revoked, or suspended under this Act, or been terminated | ||||||
4 | from employment as a dealership agent: | ||||||
5 | (i) within one year before the date the person's | ||||||
6 | application for employment with the dealership; and | ||||||
7 | (ii) that refusal, denial, suspension, revocation, | ||||||
8 | or termination was based on any provision of this Act. | ||||||
9 | (C) That the person will notify the dealership | ||||||
10 | immediately if his or her Firearm Owner's Identification | ||||||
11 | Card or concealed carry license is revoked for any reason. | ||||||
12 | (D) That the person will not divert firearms in | ||||||
13 | violation of the law. | ||||||
14 | (3) Each applicant for employment as a dealership agent | ||||||
15 | shall provide a copy of his or her valid and unexpired | ||||||
16 | concealed carry license, or have the validity of his or her | ||||||
17 | Firearm Owner's Identification Card confirmed by the | ||||||
18 | dealership through the Department of State Police in a manner | ||||||
19 | prescribed by rule by the Department of State Police. The | ||||||
20 | Department of State Police shall provide the dealership with an | ||||||
21 | approval number if the Firearm Owner's Identification Card is | ||||||
22 | currently valid. | ||||||
23 | (4) As part of an application for renewal or restoration of | ||||||
24 | a dealership license, the dealership shall confirm the validity | ||||||
25 | of the Firearm Owner's Identification Card of each dealership | ||||||
26 | agent employed by the dealership, and record the unique |
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1 | approval number provided by the Department of State Police in | ||||||
2 | the record maintained under paragraph (5) of this Section, | ||||||
3 | provided that a dealership shall not be required to confirm the | ||||||
4 | validity of the Firearm Owner's Identification Card of a | ||||||
5 | dealership agent if the dealership has already confirmed the | ||||||
6 | validity of the dealership agent's Firearm Owner's | ||||||
7 | Identification Card within the last 6 months or the dealership | ||||||
8 | agent has provided the dealership with a copy of his or her | ||||||
9 | valid and unexpired concealed carry license within the last 6 | ||||||
10 | months. | ||||||
11 | (5) Each dealership shall maintain a record of each | ||||||
12 | dealership agent that is accessible to the Department. The | ||||||
13 | record shall contain the following information: | ||||||
14 | (A) The Dealership Agent's Statement specified in | ||||||
15 | paragraph (2) of this Section; and | ||||||
16 | (B) A copy of the dealership agent's concealed carry | ||||||
17 | license or Firearm Owner's Identification Card, and the | ||||||
18 | approval number provided by the Department of State Police | ||||||
19 | when the dealership last confirmed the validity of the | ||||||
20 | dealership agent's Firearm Owner's Identification Card.
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21 | The Department may, by rule, prescribe further record | ||||||
22 | requirements. | ||||||
23 | (6) Every dealership shall maintain a separate roster of | ||||||
24 | the names of all dealership agents and submit the roster to the | ||||||
25 | Department on request. | ||||||
26 | (7) No dealership may employ any person to perform a |
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1 | licensed activity under this Act unless the person possesses a | ||||||
2 | valid dealer license under this Act or the requirements of this | ||||||
3 | Section are met, or the person is exempt under paragraph (8) of | ||||||
4 | this Section. | ||||||
5 | (8) Peace officers shall be exempt from the requirements of | ||||||
6 | this Section relating to Firearm Owner's Identification Cards | ||||||
7 | and concealed carry licenses. The dealership shall remain | ||||||
8 | responsible for any peace officer employed under this | ||||||
9 | exemption, regardless of whether the peace officer is | ||||||
10 | compensated as an employee or as an independent contractor and | ||||||
11 | as further defined by rule. | ||||||
12 | (9) Persons who have no unsupervised access to firearms in | ||||||
13 | the inventory of a dealership or confidential or security | ||||||
14 | information are exempt from the requirements of a dealership | ||||||
15 | agent. | ||||||
16 | (10) This Section shall apply to unpaid or paid volunteers | ||||||
17 | or other agents of the dealership who will have access to or | ||||||
18 | control over firearms in the inventory of the dealership or | ||||||
19 | confidential or security information, just as it applies to | ||||||
20 | paid employees. | ||||||
21 | Section 80. Employment requirement.
A dealership licensed | ||||||
22 | under this Act is prohibited from evading or attempting to | ||||||
23 | evade the requirements for dealership agents under this Act by | ||||||
24 | engaging a contractor or independent contractor to perform the | ||||||
25 | activities of a dealer or dealership agent, unless that person |
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1 | is licensed under this Act. | ||||||
2 | Section 85. Disciplinary sanctions. | ||||||
3 | (a) The Department may deny issuance, refuse to renew, or | ||||||
4 | restore or may reprimand, place on probation, suspend, revoke, | ||||||
5 | or take other disciplinary or non-disciplinary action against | ||||||
6 | any license, may impose a fine not to exceed $10,000 for each | ||||||
7 | violation, and may assess costs as provided for under Section | ||||||
8 | 150, for any of the following, consistent with the Protection | ||||||
9 | of Lawful Commerce in Arms Act, 15 U.S.C. 7901 through 7903 or | ||||||
10 | amendments thereto: | ||||||
11 | (1) Material misstatement in furnishing information to | ||||||
12 | the Department or to any other State or federal agency. | ||||||
13 | (2) Violations of this Act, any of the rules adopted | ||||||
14 | under this Act, or any law applicable to the sale or | ||||||
15 | transfer of firearms. | ||||||
16 | (3) Making any misrepresentation for the purpose of | ||||||
17 | obtaining licenses or cards. | ||||||
18 | (4) A pattern of practice or other behavior which | ||||||
19 | demonstrates incapacity or incompetency to practice under | ||||||
20 | this Act. | ||||||
21 | (5) Aiding or assisting another person in violating any | ||||||
22 | provision of this Act or rules adopted under this Act. | ||||||
23 | (6) Failing, within 60 days, to provide information in | ||||||
24 | response to a written request made by the Department. | ||||||
25 | (7) Conviction of or plea of guilty or plea of nolo |
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1 | contendere to any crime that disqualifies the person from | ||||||
2 | obtaining a valid Firearm Owner's Identification Card. | ||||||
3 | (8) Continued practice, although the person has become | ||||||
4 | unfit to practice due to any of the following: | ||||||
5 | (A) Physical illness, mental illness, or other | ||||||
6 | impairment, including, but not limited to, | ||||||
7 | deterioration through the aging process or loss of | ||||||
8 | motor skills that results in the inability to serve the | ||||||
9 | public with reasonable judgment, skill, or safety. | ||||||
10 | (B) Any circumstance that disqualifies the person | ||||||
11 | from obtaining a valid Firearm Owner's Identification | ||||||
12 | Card. | ||||||
13 | (C) Habitual or excessive use or abuse of drugs | ||||||
14 | defined in law as controlled substances, alcohol, or | ||||||
15 | any other substance that results in the inability to | ||||||
16 | practice with reasonable judgment, skill, or safety. | ||||||
17 | (9) Receiving, directly or indirectly, compensation | ||||||
18 | for any firearms sold or transferred illegally. | ||||||
19 | (10) Discipline by another United States jurisdiction, | ||||||
20 | foreign nation, or governmental agency, if at least one of | ||||||
21 | the grounds for the discipline is the same or substantially | ||||||
22 | equivalent to those set forth in this Act. | ||||||
23 | (11) Giving differential treatment to a person that is | ||||||
24 | to that person's detriment because of race, color, creed, | ||||||
25 | sex, sexual orientation, religion, or national origin. | ||||||
26 | (12) Violation of any disciplinary order imposed on a |
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1 | licensee by the Department. | ||||||
2 | (13) Conducting a dealership without a valid license. | ||||||
3 | (14) Revealing confidential or security information, | ||||||
4 | except as specifically authorized by law, including but not | ||||||
5 | limited to information about purchasers and transferees of | ||||||
6 | firearms, provided that a licensee or dealership agent may | ||||||
7 | disclose this information under a court order, subpoena, or | ||||||
8 | search warrant or to the Department or federal, State, or | ||||||
9 | local law enforcement agencies upon request. | ||||||
10 | (15) Purporting to be a licensee-in-charge of an agency | ||||||
11 | without active participation in the agency. | ||||||
12 | (16) A finding by the Department that the licensee, | ||||||
13 | after having his or her license placed on probationary | ||||||
14 | status, has violated the terms of probation. | ||||||
15 | (17) Failure to report in writing to the Department, | ||||||
16 | within 60 days of an entry of a settlement or a verdict in | ||||||
17 | excess of $10,000, any legal action in which the business | ||||||
18 | of the dealer, dealership, or dealership agent was the | ||||||
19 | subject of the legal action. | ||||||
20 | (b) All fines imposed under this Section shall be paid | ||||||
21 | within 60 days after the effective date of the order imposing | ||||||
22 | the fine. | ||||||
23 | Section 90. Suspension or revocation of dealership agent | ||||||
24 | authority. | ||||||
25 | (a) Dealership agents shall be subject to the disciplinary |
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1 | sanctions of this Act and shall otherwise comply with this Act | ||||||
2 | and the rules adopted under it. Notwithstanding any other | ||||||
3 | provision in this Act to the contrary, dealership agents shall | ||||||
4 | not be responsible for compliance with any requirement that | ||||||
5 | this Act assigns to the dealership or the licensee-in-charge | ||||||
6 | regardless of the agent's job title, job duties, or position in | ||||||
7 | the dealership. The procedures for disciplining a licensee | ||||||
8 | shall also apply in taking action against a dealership agent. | ||||||
9 | (b) The revocation of a dealer's or dealership agent's | ||||||
10 | Firearm Owner's Identification Card or concealed carry | ||||||
11 | license, if applicable, operates as an automatic suspension of | ||||||
12 | the dealer license or dealership agent's authority under this | ||||||
13 | Act. The suspension shall end only upon the issuance by the | ||||||
14 | Department of State Police of a new Firearm Owner's | ||||||
15 | Identification Card or concealed carry license to the dealer or | ||||||
16 | dealership agent. | ||||||
17 | Section 95. Returned checks; fines. Any person who delivers | ||||||
18 | a check or other payment to the Department that is returned to | ||||||
19 | the Department unpaid by the financial institution upon which | ||||||
20 | it is drawn shall pay to the Department, in addition to the | ||||||
21 | amount already owed to the Department, a fine of $50. The fines | ||||||
22 | imposed by this Section are in addition to any other discipline | ||||||
23 | provided under this Act for unlicensed business or business on | ||||||
24 | a nonrenewed license. The Department shall notify the person | ||||||
25 | that payment of fees and fines shall be paid to the Department |
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1 | by certified check or money order within 30 calendar days of | ||||||
2 | the notification. If, after the expiration of 30 days from the | ||||||
3 | date of the notification, the person has failed to submit the | ||||||
4 | necessary remittance, the Department shall automatically | ||||||
5 | terminate the license or deny the application, without hearing. | ||||||
6 | If, after termination or denial, the person seeks a license, he | ||||||
7 | or she shall apply to the Department for restoration or | ||||||
8 | issuance of the license and pay all fees and fines due to the | ||||||
9 | Department. The Department may establish a fee for the | ||||||
10 | processing of an application for restoration of a license to | ||||||
11 | pay all expenses of processing this application. The Secretary | ||||||
12 | may waive the fines due under this Section in individual cases | ||||||
13 | if the Secretary finds that the fines would be unreasonable or | ||||||
14 | unnecessarily burdensome. | ||||||
15 | Section 100. Statute of limitations. No action may be taken | ||||||
16 | under this Act against a person or entity licensed under this | ||||||
17 | Act unless the action is commenced within 5 years after the | ||||||
18 | occurrence of the alleged violations. A continuing violation | ||||||
19 | shall be deemed to have occurred on the date when the | ||||||
20 | circumstances last existed that give rise to the alleged | ||||||
21 | violation. | ||||||
22 | Section 105. Complaints; investigations; hearings. | ||||||
23 | (a) The Department may investigate the actions of any | ||||||
24 | applicant or of any person or persons holding or claiming to |
| |||||||
| |||||||
1 | hold a license or registration under this Act. | ||||||
2 | (b) The Department shall, before disciplining a licensee | ||||||
3 | under Section 130 or refusing to issue or license, at least 30 | ||||||
4 | days before the date set for the hearing, (i) notify the | ||||||
5 | accused in writing of the charges made and the time and place | ||||||
6 | for the hearing on the charges, (ii) direct him or her to file | ||||||
7 | a written answer to the charges under oath within 20 days after | ||||||
8 | service, and (iii) inform the applicant or licensee that | ||||||
9 | failure to answer will result in a default being entered | ||||||
10 | against the applicant or licensee. | ||||||
11 | (c) At the time and place fixed in the notice, the Board or | ||||||
12 | the hearing officer appointed by the Secretary shall proceed to | ||||||
13 | hear the charges, and the parties or their counsel shall be | ||||||
14 | accorded ample opportunity to present any pertinent | ||||||
15 | statements, testimony, evidence, and arguments. The Board or | ||||||
16 | hearing officer may continue the hearing from time to time. In | ||||||
17 | case the person, after receiving the notice, fails to file an | ||||||
18 | answer, his or her license may, in the discretion of the | ||||||
19 | Secretary, having first received the recommendation of the | ||||||
20 | Board, be suspended, revoked, or placed on probationary status, | ||||||
21 | or be subject to whatever disciplinary action the Secretary | ||||||
22 | considers proper, including limiting the scope, nature, or | ||||||
23 | extent of the person's business or the imposition of a fine, | ||||||
24 | without hearing, if the act or acts charged constitute | ||||||
25 | sufficient grounds for that action under this Act. | ||||||
26 | (d) The written notice and any notice in the subsequent |
| |||||||
| |||||||
1 | proceeding may be served by certified mail to the licensee's | ||||||
2 | address of record. | ||||||
3 | (e) The Secretary has the authority to appoint any attorney | ||||||
4 | licensed to practice law in this State to serve as the hearing | ||||||
5 | officer in any action for refusal to issue, restore, or renew a | ||||||
6 | license or to discipline a licensee. The hearing officer has | ||||||
7 | full authority to conduct the hearing. | ||||||
8 | Section 110. Hearing; rehearing. | ||||||
9 | (a) The Board or the hearing officer authorized by the | ||||||
10 | Department shall hear evidence in support of the formal charges | ||||||
11 | and evidence produced by the licensee. At the conclusion of the | ||||||
12 | hearing, the Board shall present to the Secretary a written | ||||||
13 | report of its findings of fact, conclusions of law, and | ||||||
14 | recommendations. The report shall contain a finding of whether | ||||||
15 | the accused person violated this Act or failed to comply with | ||||||
16 | the conditions required in this Act. The Board shall specify | ||||||
17 | the nature of the violation or failure to comply and shall make | ||||||
18 | its recommendation to the Secretary. | ||||||
19 | (b) At the conclusion of the hearing, a copy of the Board | ||||||
20 | or hearing officer's report shall be served upon the applicant | ||||||
21 | or licensee by the Department, either personally or as provided | ||||||
22 | in this Act for the service of a notice of hearing. Within 20 | ||||||
23 | calendar days after service, the applicant or licensee may | ||||||
24 | present to the Department a motion in writing for a rehearing, | ||||||
25 | which shall specify the particular grounds for rehearing. The |
| |||||||
| |||||||
1 | Department may respond to the motion for rehearing within 20 | ||||||
2 | calendar days after its service on the Department. If no motion | ||||||
3 | for rehearing is filed, then upon the expiration of the time | ||||||
4 | specified for filing such a motion, or upon denial of a motion | ||||||
5 | for rehearing, the Secretary may enter an order in accordance | ||||||
6 | with the recommendations of the Board or hearing officer. If | ||||||
7 | the applicant or licensee orders from the reporting service and | ||||||
8 | pays for a transcript of the record within the time for filing | ||||||
9 | a motion for rehearing, the 20-day period within which a motion | ||||||
10 | may be filed shall commence upon the delivery of the transcript | ||||||
11 | to the applicant or licensee. | ||||||
12 | (c) Whenever the Secretary is not satisfied that | ||||||
13 | substantial justice has been done, the Secretary may order a | ||||||
14 | rehearing by the same or another hearing officer. | ||||||
15 | (d) All proceedings under this Section are matters of | ||||||
16 | public record and shall be preserved. | ||||||
17 | (e) The dealer or dealership may continue to operate as a | ||||||
18 | dealer or dealership during the course of an investigation or | ||||||
19 | hearing, unless the Secretary finds that the public interest, | ||||||
20 | safety, or welfare requires an emergency action. | ||||||
21 | (f) Upon the suspension or revocation of a license, the | ||||||
22 | licensee shall surrender the license to the Department and, | ||||||
23 | upon failure to do so, the Department shall seize the same. | ||||||
24 | Section 115. Disposition by consent order. At any point in | ||||||
25 | any investigation or disciplinary proceeding provided for in |
| |||||||
| |||||||
1 | the Act, both parties may agree to a negotiated consent order. | ||||||
2 | The consent order shall be final upon signature of the | ||||||
3 | Secretary. | ||||||
4 | Section 120. Restoration of license after disciplinary | ||||||
5 | proceedings. At any time after the successful completion of a | ||||||
6 | term of indefinite probation, indefinite suspension, or | ||||||
7 | revocation of a license, the Department may restore it to the | ||||||
8 | licensee, unless, after an investigation and a hearing, the | ||||||
9 | Secretary determines that restoration is not in the public | ||||||
10 | interest. No person or entity whose license, card, or authority | ||||||
11 | has been revoked as authorized in this Act may apply for | ||||||
12 | restoration of that license, registration, or authority until | ||||||
13 | such time as provided for in the Civil Administrative Code of | ||||||
14 | Illinois. | ||||||
15 | Section 125. Injunction; cease and desist orders. | ||||||
16 | (a) Upon the filing of a verified petition in court, if | ||||||
17 | satisfied by affidavit or otherwise that the person, firm, | ||||||
18 | corporation, or other legal entity is or has been conducting | ||||||
19 | activities in violation of this Act, the court may enter a | ||||||
20 | temporary restraining order or preliminary injunction, without | ||||||
21 | bond, enjoining the defendant from further activity. A copy of | ||||||
22 | the verified complaint shall be served upon the defendant and | ||||||
23 | the proceedings shall be conducted as in civil cases. If it is | ||||||
24 | established the defendant has been or is conducting activities |
| |||||||
| |||||||
1 | in violation of this Act, the court may enter a judgment | ||||||
2 | enjoining the defendant from that activity. In case of | ||||||
3 | violation of any injunctive order or judgment entered under | ||||||
4 | this Section, the court may punish the offender for contempt of | ||||||
5 | court. Injunctive proceedings shall be in addition to all other | ||||||
6 | penalties under this Act. | ||||||
7 | (b) If any person has engaged in the business of selling, | ||||||
8 | leasing, or otherwise transferring firearms without having a | ||||||
9 | valid license under this Act, then any licensee, any interested | ||||||
10 | party, or any person injured thereby may, in addition to the | ||||||
11 | Secretary, petition for relief as provided in subsection (a) of | ||||||
12 | this Section. | ||||||
13 | (c) Whenever the Department has reason to believe a person, | ||||||
14 | firm, corporation, or other legal entity has violated any | ||||||
15 | provision of this Act, the Department may issue a rule to show | ||||||
16 | cause why an order to cease and desist should not be entered | ||||||
17 | against that person, firm, corporation, or other legal entity. | ||||||
18 | The rule shall clearly set forth the grounds relied upon by the | ||||||
19 | Department and shall provide a period of 7 days from the date | ||||||
20 | of the rule to file an answer to the satisfaction of the | ||||||
21 | Department. Failure to answer to the satisfaction of the | ||||||
22 | Department shall cause an order to cease and desist to be | ||||||
23 | issued immediately. | ||||||
24 | Section 130. Administrative review. All final | ||||||
25 | administrative decisions of the Department are subject to |
| |||||||
| |||||||
1 | judicial review under Article III of the Code of Civil | ||||||
2 | Procedure. The term "administrative decision" is defined as in | ||||||
3 | Section 3-101 of the Code of Civil Procedure. The proceedings | ||||||
4 | for judicial review shall be commenced in the circuit court of | ||||||
5 | the county in which the party applying for review resides; but | ||||||
6 | if the party is not a resident of this State, the venue shall | ||||||
7 | be in Sangamon County. The Department shall not be required to | ||||||
8 | certify any record to the court or file any answer in court or | ||||||
9 | otherwise appear in any court in a judicial review proceeding, | ||||||
10 | unless and until the Department has received from the plaintiff | ||||||
11 | payment of the costs of furnishing and certifying the record, | ||||||
12 | which costs shall be determined by the Department. Exhibits | ||||||
13 | shall be certified without cost. Failure on the part of the | ||||||
14 | applicant or licensee to file a receipt in court is grounds for | ||||||
15 | dismissal of the action. | ||||||
16 | Section 135. Prima facie proof. | ||||||
17 | (a) An order or a certified copy thereof, over the seal of | ||||||
18 | the Department and purporting to be signed by the Secretary, is | ||||||
19 | prima facie proof that the signature is that of the Secretary, | ||||||
20 | and the Secretary is qualified to act. | ||||||
21 | (b) A certified copy of a record of the Department shall, | ||||||
22 | without further proof, be admitted into evidence in any legal | ||||||
23 | proceeding, and shall be prima facie correct and prima facie | ||||||
24 | evidence of the information contained therein. |
| |||||||
| |||||||
1 | Section 140. Subpoenas. | ||||||
2 | (a) The Department may subpoena and bring before it any | ||||||
3 | person to take the oral or written testimony or compel the | ||||||
4 | production of any books, papers, records, or any other | ||||||
5 | documents that the Secretary or his or her designee deems | ||||||
6 | relevant or material to any such investigation or hearing | ||||||
7 | conducted by the Department with the same fees and in the same | ||||||
8 | manner as prescribed in civil cases in the courts of this | ||||||
9 | State. | ||||||
10 | (b) Any circuit court, upon the application of the | ||||||
11 | applicant, licensee, or Department, may order the attendance | ||||||
12 | and testimony of witnesses and the production of relevant | ||||||
13 | documents, files, records, books, and papers in connection with | ||||||
14 | any hearing or investigation. The circuit court may compel | ||||||
15 | obedience to its order by proceedings for contempt. | ||||||
16 | (c) The Secretary, the hearing officer, any member of the | ||||||
17 | Board, or a certified shorthand court reporter may administer | ||||||
18 | oaths at any hearing the Department conducts. Notwithstanding | ||||||
19 | any other statute or Department rule to the contrary, all | ||||||
20 | requests for testimony, production of documents or records | ||||||
21 | shall be in accordance with this Act. | ||||||
22 | Section 145. Stenographers. The Department, at its | ||||||
23 | expense, shall preserve the record of all proceedings at a | ||||||
24 | formal hearing of any case. The notice of hearing, complaint, | ||||||
25 | all other documents in the nature of pleadings and written |
| |||||||
| |||||||
1 | motions filed in the proceedings, the transcript of testimony, | ||||||
2 | the report of the Board and orders of the Department shall be | ||||||
3 | in the record of the proceedings. | ||||||
4 | Section 150. Fees; deposit of fees and fines. The | ||||||
5 | Department shall by rule provide for fees for the | ||||||
6 | administration and enforcement of this Act, and those fees are | ||||||
7 | nonrefundable. An application fee or renewal fee for a | ||||||
8 | dealership license or a dealer license shall not exceed $1,000 | ||||||
9 | for the 5-year period. All of the fees, penalties, and fines | ||||||
10 | collected under this Act shall be deposited into the General | ||||||
11 | Professions Dedicated Fund and shall be appropriated to the | ||||||
12 | Department for the ordinary and contingent expenses of the | ||||||
13 | Department in the administration and enforcement of this Act. | ||||||
14 | Section 155. Illinois Administrative Procedure Act; | ||||||
15 | application. | ||||||
16 | (a) All rules required under this Act shall be adopted in | ||||||
17 | accordance with Article 5 of the Illinois Administrative | ||||||
18 | Procedure Act. | ||||||
19 | (b) Article 10 of the Illinois Administrative Procedure Act | ||||||
20 | is expressly adopted and incorporated in this Act as if all of | ||||||
21 | the provisions of that Article were included in this Act, | ||||||
22 | except that the provision of paragraph (d) of Section 10-65 of | ||||||
23 | the Illinois Administrative Procedure Act, which provides that | ||||||
24 | at hearings the registrant or licensee has the right to show |
| |||||||
| |||||||
1 | compliance with all lawful requirements for retention or | ||||||
2 | continuation or renewal of the license, is specifically | ||||||
3 | excluded. For the purpose of this Act, the notice required | ||||||
4 | under Section 10-25 of the Illinois Administrative Procedure | ||||||
5 | Act is considered sufficient when mailed to the address of | ||||||
6 | record of a party. | ||||||
7 | Section 160. Confidentiality. All information collected by | ||||||
8 | the Department in the course of an examination or investigation | ||||||
9 | of a licensee or applicant, including, but not limited to, any | ||||||
10 | complaint against a licensee filed with the Department and | ||||||
11 | information collected to investigate any such complaint, shall | ||||||
12 | be maintained for the confidential use of the Department and | ||||||
13 | shall not be disclosed. The Department shall not disclose the | ||||||
14 | information to anyone other than law enforcement officials, | ||||||
15 | regulatory agencies that have an appropriate regulatory | ||||||
16 | interest as determined by the Secretary, or a party presenting | ||||||
17 | a lawful subpoena to the Department. Information and documents | ||||||
18 | disclosed to a federal, State, county, or local law enforcement | ||||||
19 | agency shall not be disclosed by the agency for any purpose to | ||||||
20 | any other agency or person. A formal complaint filed against a | ||||||
21 | licensee by the Department or any order issued by the | ||||||
22 | Department against a licensee or applicant shall be a public | ||||||
23 | record, except as otherwise prohibited by law.
| ||||||
24 | Section 165. Rules. The Department shall adopt rules |
| |||||||
| |||||||
1 | necessary to implement the provisions of this Act no later than | ||||||
2 | 180 days after the effective date of this Act. The Department | ||||||
3 | may adopt rules necessary to implement the provisions of this | ||||||
4 | Act through the use of emergency rulemaking in accordance with | ||||||
5 | Section 5-45 of the Illinois Administrative Procedure Act for a | ||||||
6 | period not to exceed 180 days after the effective date of this | ||||||
7 | Act. | ||||||
8 | Section 900. The Regulatory Sunset Act is amended by adding | ||||||
9 | Section 4.39 as follows: | ||||||
10 | (5 ILCS 80/4.39 new) | ||||||
11 | Sec. 4.39. Act repealed on January 1, 2029. The following | ||||||
12 | Act is repealed on January 1, 2029: | ||||||
13 | The Gun Dealer Licensing Act. | ||||||
14 | Section 905. The Illinois Administrative Procedure Act is | ||||||
15 | amended by changing Section 5-45 as follows: | ||||||
16 | (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) | ||||||
17 | Sec. 5-45. Emergency rulemaking. | ||||||
18 | (a) "Emergency" means the existence of any situation that | ||||||
19 | any agency
finds reasonably constitutes a threat to the public | ||||||
20 | interest, safety, or
welfare. | ||||||
21 | (b) If any agency finds that an
emergency exists that | ||||||
22 | requires adoption of a rule upon fewer days than
is required by |
| |||||||
| |||||||
1 | Section 5-40 and states in writing its reasons for that
| ||||||
2 | finding, the agency may adopt an emergency rule without prior | ||||||
3 | notice or
hearing upon filing a notice of emergency rulemaking | ||||||
4 | with the Secretary of
State under Section 5-70. The notice | ||||||
5 | shall include the text of the
emergency rule and shall be | ||||||
6 | published in the Illinois Register. Consent
orders or other | ||||||
7 | court orders adopting settlements negotiated by an agency
may | ||||||
8 | be adopted under this Section. Subject to applicable | ||||||
9 | constitutional or
statutory provisions, an emergency rule | ||||||
10 | becomes effective immediately upon
filing under Section 5-65 or | ||||||
11 | at a stated date less than 10 days
thereafter. The agency's | ||||||
12 | finding and a statement of the specific reasons
for the finding | ||||||
13 | shall be filed with the rule. The agency shall take
reasonable | ||||||
14 | and appropriate measures to make emergency rules known to the
| ||||||
15 | persons who may be affected by them. | ||||||
16 | (c) An emergency rule may be effective for a period of not | ||||||
17 | longer than
150 days, but the agency's authority to adopt an | ||||||
18 | identical rule under Section
5-40 is not precluded. No | ||||||
19 | emergency rule may be adopted more
than once in any 24-month | ||||||
20 | period, except that this limitation on the number
of emergency | ||||||
21 | rules that may be adopted in a 24-month period does not apply
| ||||||
22 | to (i) emergency rules that make additions to and deletions | ||||||
23 | from the Drug
Manual under Section 5-5.16 of the Illinois | ||||||
24 | Public Aid Code or the
generic drug formulary under Section | ||||||
25 | 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) | ||||||
26 | emergency rules adopted by the Pollution Control
Board before |
| |||||||
| |||||||
1 | July 1, 1997 to implement portions of the Livestock Management
| ||||||
2 | Facilities Act, (iii) emergency rules adopted by the Illinois | ||||||
3 | Department of Public Health under subsections (a) through (i) | ||||||
4 | of Section 2 of the Department of Public Health Act when | ||||||
5 | necessary to protect the public's health, (iv) emergency rules | ||||||
6 | adopted pursuant to subsection (n) of this Section, (v) | ||||||
7 | emergency rules adopted pursuant to subsection (o) of this | ||||||
8 | Section, or (vi) emergency rules adopted pursuant to subsection | ||||||
9 | (c-5) of this Section. Two or more emergency rules having | ||||||
10 | substantially the same
purpose and effect shall be deemed to be | ||||||
11 | a single rule for purposes of this
Section. | ||||||
12 | (c-5) To facilitate the maintenance of the program of group | ||||||
13 | health benefits provided to annuitants, survivors, and retired | ||||||
14 | employees under the State Employees Group Insurance Act of | ||||||
15 | 1971, rules to alter the contributions to be paid by the State, | ||||||
16 | annuitants, survivors, retired employees, or any combination | ||||||
17 | of those entities, for that program of group health benefits, | ||||||
18 | shall be adopted as emergency rules. The adoption of those | ||||||
19 | rules shall be considered an emergency and necessary for the | ||||||
20 | public interest, safety, and welfare. | ||||||
21 | (d) In order to provide for the expeditious and timely | ||||||
22 | implementation
of the State's fiscal year 1999 budget, | ||||||
23 | emergency rules to implement any
provision of Public Act 90-587 | ||||||
24 | or 90-588
or any other budget initiative for fiscal year 1999 | ||||||
25 | may be adopted in
accordance with this Section by the agency | ||||||
26 | charged with administering that
provision or initiative, |
| |||||||
| |||||||
1 | except that the 24-month limitation on the adoption
of | ||||||
2 | emergency rules and the provisions of Sections 5-115 and 5-125 | ||||||
3 | do not apply
to rules adopted under this subsection (d). The | ||||||
4 | adoption of emergency rules
authorized by this subsection (d) | ||||||
5 | shall be deemed to be necessary for the
public interest, | ||||||
6 | safety, and welfare. | ||||||
7 | (e) In order to provide for the expeditious and timely | ||||||
8 | implementation
of the State's fiscal year 2000 budget, | ||||||
9 | emergency rules to implement any
provision of Public Act 91-24
| ||||||
10 | or any other budget initiative for fiscal year 2000 may be | ||||||
11 | adopted in
accordance with this Section by the agency charged | ||||||
12 | with administering that
provision or initiative, except that | ||||||
13 | the 24-month limitation on the adoption
of emergency rules and | ||||||
14 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
15 | rules adopted under this subsection (e). The adoption of | ||||||
16 | emergency rules
authorized by this subsection (e) shall be | ||||||
17 | deemed to be necessary for the
public interest, safety, and | ||||||
18 | welfare. | ||||||
19 | (f) In order to provide for the expeditious and timely | ||||||
20 | implementation
of the State's fiscal year 2001 budget, | ||||||
21 | emergency rules to implement any
provision of Public Act 91-712
| ||||||
22 | or any other budget initiative for fiscal year 2001 may be | ||||||
23 | adopted in
accordance with this Section by the agency charged | ||||||
24 | with administering that
provision or initiative, except that | ||||||
25 | the 24-month limitation on the adoption
of emergency rules and | ||||||
26 | the provisions of Sections 5-115 and 5-125 do not apply
to |
| |||||||
| |||||||
1 | rules adopted under this subsection (f). The adoption of | ||||||
2 | emergency rules
authorized by this subsection (f) shall be | ||||||
3 | deemed to be necessary for the
public interest, safety, and | ||||||
4 | welfare. | ||||||
5 | (g) In order to provide for the expeditious and timely | ||||||
6 | implementation
of the State's fiscal year 2002 budget, | ||||||
7 | emergency rules to implement any
provision of Public Act 92-10
| ||||||
8 | or any other budget initiative for fiscal year 2002 may be | ||||||
9 | adopted in
accordance with this Section by the agency charged | ||||||
10 | with administering that
provision or initiative, except that | ||||||
11 | the 24-month limitation on the adoption
of emergency rules and | ||||||
12 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
13 | rules adopted under this subsection (g). The adoption of | ||||||
14 | emergency rules
authorized by this subsection (g) shall be | ||||||
15 | deemed to be necessary for the
public interest, safety, and | ||||||
16 | welfare. | ||||||
17 | (h) In order to provide for the expeditious and timely | ||||||
18 | implementation
of the State's fiscal year 2003 budget, | ||||||
19 | emergency rules to implement any
provision of Public Act 92-597
| ||||||
20 | or any other budget initiative for fiscal year 2003 may be | ||||||
21 | adopted in
accordance with this Section by the agency charged | ||||||
22 | with administering that
provision or initiative, except that | ||||||
23 | the 24-month limitation on the adoption
of emergency rules and | ||||||
24 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
25 | rules adopted under this subsection (h). The adoption of | ||||||
26 | emergency rules
authorized by this subsection (h) shall be |
| |||||||
| |||||||
1 | deemed to be necessary for the
public interest, safety, and | ||||||
2 | welfare. | ||||||
3 | (i) In order to provide for the expeditious and timely | ||||||
4 | implementation
of the State's fiscal year 2004 budget, | ||||||
5 | emergency rules to implement any
provision of Public Act 93-20
| ||||||
6 | or any other budget initiative for fiscal year 2004 may be | ||||||
7 | adopted in
accordance with this Section by the agency charged | ||||||
8 | with administering that
provision or initiative, except that | ||||||
9 | the 24-month limitation on the adoption
of emergency rules and | ||||||
10 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
11 | rules adopted under this subsection (i). The adoption of | ||||||
12 | emergency rules
authorized by this subsection (i) shall be | ||||||
13 | deemed to be necessary for the
public interest, safety, and | ||||||
14 | welfare. | ||||||
15 | (j) In order to provide for the expeditious and timely | ||||||
16 | implementation of the provisions of the State's fiscal year | ||||||
17 | 2005 budget as provided under the Fiscal Year 2005 Budget | ||||||
18 | Implementation (Human Services) Act, emergency rules to | ||||||
19 | implement any provision of the Fiscal Year 2005 Budget | ||||||
20 | Implementation (Human Services) Act may be adopted in | ||||||
21 | accordance with this Section by the agency charged with | ||||||
22 | administering that provision, except that the 24-month | ||||||
23 | limitation on the adoption of emergency rules and the | ||||||
24 | provisions of Sections 5-115 and 5-125 do not apply to rules | ||||||
25 | adopted under this subsection (j). The Department of Public Aid | ||||||
26 | may also adopt rules under this subsection (j) necessary to |
| |||||||
| |||||||
1 | administer the Illinois Public Aid Code and the Children's | ||||||
2 | Health Insurance Program Act. The adoption of emergency rules | ||||||
3 | authorized by this subsection (j) shall be deemed to be | ||||||
4 | necessary for the public interest, safety, and welfare.
| ||||||
5 | (k) In order to provide for the expeditious and timely | ||||||
6 | implementation of the provisions of the State's fiscal year | ||||||
7 | 2006 budget, emergency rules to implement any provision of | ||||||
8 | Public Act 94-48 or any other budget initiative for fiscal year | ||||||
9 | 2006 may be adopted in accordance with this Section by the | ||||||
10 | agency charged with administering that provision or | ||||||
11 | initiative, except that the 24-month limitation on the adoption | ||||||
12 | of emergency rules and the provisions of Sections 5-115 and | ||||||
13 | 5-125 do not apply to rules adopted under this subsection (k). | ||||||
14 | The Department of Healthcare and Family Services may also adopt | ||||||
15 | rules under this subsection (k) necessary to administer the | ||||||
16 | Illinois Public Aid Code, the Senior Citizens and Persons with | ||||||
17 | Disabilities Property Tax Relief Act, the Senior Citizens and | ||||||
18 | Disabled Persons Prescription Drug Discount Program Act (now | ||||||
19 | the Illinois Prescription Drug Discount Program Act), and the | ||||||
20 | Children's Health Insurance Program Act. The adoption of | ||||||
21 | emergency rules authorized by this subsection (k) shall be | ||||||
22 | deemed to be necessary for the public interest, safety, and | ||||||
23 | welfare.
| ||||||
24 | (l) In order to provide for the expeditious and timely | ||||||
25 | implementation of the provisions of the
State's fiscal year | ||||||
26 | 2007 budget, the Department of Healthcare and Family Services |
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1 | may adopt emergency rules during fiscal year 2007, including | ||||||
2 | rules effective July 1, 2007, in
accordance with this | ||||||
3 | subsection to the extent necessary to administer the | ||||||
4 | Department's responsibilities with respect to amendments to | ||||||
5 | the State plans and Illinois waivers approved by the federal | ||||||
6 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
7 | requirements of Title XIX and Title XXI of the federal Social | ||||||
8 | Security Act. The adoption of emergency rules
authorized by | ||||||
9 | this subsection (l) shall be deemed to be necessary for the | ||||||
10 | public interest,
safety, and welfare.
| ||||||
11 | (m) In order to provide for the expeditious and timely | ||||||
12 | implementation of the provisions of the
State's fiscal year | ||||||
13 | 2008 budget, the Department of Healthcare and Family Services | ||||||
14 | may adopt emergency rules during fiscal year 2008, including | ||||||
15 | rules effective July 1, 2008, in
accordance with this | ||||||
16 | subsection to the extent necessary to administer the | ||||||
17 | Department's responsibilities with respect to amendments to | ||||||
18 | the State plans and Illinois waivers approved by the federal | ||||||
19 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
20 | requirements of Title XIX and Title XXI of the federal Social | ||||||
21 | Security Act. The adoption of emergency rules
authorized by | ||||||
22 | this subsection (m) shall be deemed to be necessary for the | ||||||
23 | public interest,
safety, and welfare.
| ||||||
24 | (n) In order to provide for the expeditious and timely | ||||||
25 | implementation of the provisions of the State's fiscal year | ||||||
26 | 2010 budget, emergency rules to implement any provision of |
| |||||||
| |||||||
1 | Public Act 96-45 or any other budget initiative authorized by | ||||||
2 | the 96th General Assembly for fiscal year 2010 may be adopted | ||||||
3 | in accordance with this Section by the agency charged with | ||||||
4 | administering that provision or initiative. The adoption of | ||||||
5 | emergency rules authorized by this subsection (n) shall be | ||||||
6 | deemed to be necessary for the public interest, safety, and | ||||||
7 | welfare. The rulemaking authority granted in this subsection | ||||||
8 | (n) shall apply only to rules promulgated during Fiscal Year | ||||||
9 | 2010. | ||||||
10 | (o) In order to provide for the expeditious and timely | ||||||
11 | implementation of the provisions of the State's fiscal year | ||||||
12 | 2011 budget, emergency rules to implement any provision of | ||||||
13 | Public Act 96-958 or any other budget initiative authorized by | ||||||
14 | the 96th General Assembly for fiscal year 2011 may be adopted | ||||||
15 | in accordance with this Section by the agency charged with | ||||||
16 | administering that provision or initiative. The adoption of | ||||||
17 | emergency rules authorized by this subsection (o) is deemed to | ||||||
18 | be necessary for the public interest, safety, and welfare. The | ||||||
19 | rulemaking authority granted in this subsection (o) applies | ||||||
20 | only to rules promulgated on or after July 1, 2010 (the | ||||||
21 | effective date of Public Act 96-958) through June 30, 2011. | ||||||
22 | (p) In order to provide for the expeditious and timely | ||||||
23 | implementation of the provisions of Public Act 97-689, | ||||||
24 | emergency rules to implement any provision of Public Act 97-689 | ||||||
25 | may be adopted in accordance with this subsection (p) by the | ||||||
26 | agency charged with administering that provision or |
| |||||||
| |||||||
1 | initiative. The 150-day limitation of the effective period of | ||||||
2 | emergency rules does not apply to rules adopted under this | ||||||
3 | subsection (p), and the effective period may continue through | ||||||
4 | June 30, 2013. The 24-month limitation on the adoption of | ||||||
5 | emergency rules does not apply to rules adopted under this | ||||||
6 | subsection (p). The adoption of emergency rules authorized by | ||||||
7 | this subsection (p) is deemed to be necessary for the public | ||||||
8 | interest, safety, and welfare. | ||||||
9 | (q) In order to provide for the expeditious and timely | ||||||
10 | implementation of the provisions of Articles 7, 8, 9, 11, and | ||||||
11 | 12 of Public Act 98-104, emergency rules to implement any | ||||||
12 | provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 | ||||||
13 | may be adopted in accordance with this subsection (q) by the | ||||||
14 | agency charged with administering that provision or | ||||||
15 | initiative. The 24-month limitation on the adoption of | ||||||
16 | emergency rules does not apply to rules adopted under this | ||||||
17 | subsection (q). The adoption of emergency rules authorized by | ||||||
18 | this subsection (q) is deemed to be necessary for the public | ||||||
19 | interest, safety, and welfare. | ||||||
20 | (r) In order to provide for the expeditious and timely | ||||||
21 | implementation of the provisions of Public Act 98-651, | ||||||
22 | emergency rules to implement Public Act 98-651 may be adopted | ||||||
23 | in accordance with this subsection (r) by the Department of | ||||||
24 | Healthcare and Family Services. The 24-month limitation on the | ||||||
25 | adoption of emergency rules does not apply to rules adopted | ||||||
26 | under this subsection (r). The adoption of emergency rules |
| |||||||
| |||||||
1 | authorized by this subsection (r) is deemed to be necessary for | ||||||
2 | the public interest, safety, and welfare. | ||||||
3 | (s) In order to provide for the expeditious and timely | ||||||
4 | implementation of the provisions of Sections 5-5b.1 and 5A-2 of | ||||||
5 | the Illinois Public Aid Code, emergency rules to implement any | ||||||
6 | provision of Section 5-5b.1 or Section 5A-2 of the Illinois | ||||||
7 | Public Aid Code may be adopted in accordance with this | ||||||
8 | subsection (s) by the Department of Healthcare and Family | ||||||
9 | Services. The rulemaking authority granted in this subsection | ||||||
10 | (s) shall apply only to those rules adopted prior to July 1, | ||||||
11 | 2015. Notwithstanding any other provision of this Section, any | ||||||
12 | emergency rule adopted under this subsection (s) shall only | ||||||
13 | apply to payments made for State fiscal year 2015. The adoption | ||||||
14 | of emergency rules authorized by this subsection (s) is deemed | ||||||
15 | to be necessary for the public interest, safety, and welfare. | ||||||
16 | (t) In order to provide for the expeditious and timely | ||||||
17 | implementation of the provisions of Article II of Public Act | ||||||
18 | 99-6, emergency rules to implement the changes made by Article | ||||||
19 | II of Public Act 99-6 to the Emergency Telephone System Act may | ||||||
20 | be adopted in accordance with this subsection (t) by the | ||||||
21 | Department of State Police. The rulemaking authority granted in | ||||||
22 | this subsection (t) shall apply only to those rules adopted | ||||||
23 | prior to July 1, 2016. The 24-month limitation on the adoption | ||||||
24 | of emergency rules does not apply to rules adopted under this | ||||||
25 | subsection (t). The adoption of emergency rules authorized by | ||||||
26 | this subsection (t) is deemed to be necessary for the public |
| |||||||
| |||||||
1 | interest, safety, and welfare. | ||||||
2 | (u) In order to provide for the expeditious and timely | ||||||
3 | implementation of the provisions of the Burn Victims Relief | ||||||
4 | Act, emergency rules to implement any provision of the Act may | ||||||
5 | be adopted in accordance with this subsection (u) by the | ||||||
6 | Department of Insurance. The rulemaking authority granted in | ||||||
7 | this subsection (u) shall apply only to those rules adopted | ||||||
8 | prior to December 31, 2015. The adoption of emergency rules | ||||||
9 | authorized by this subsection (u) is deemed to be necessary for | ||||||
10 | the public interest, safety, and welfare. | ||||||
11 | (v) In order to provide for the expeditious and timely | ||||||
12 | implementation of the provisions of Public Act 99-516, | ||||||
13 | emergency rules to implement Public Act 99-516 may be adopted | ||||||
14 | in accordance with this subsection (v) by the Department of | ||||||
15 | Healthcare and Family Services. The 24-month limitation on the | ||||||
16 | adoption of emergency rules does not apply to rules adopted | ||||||
17 | under this subsection (v). The adoption of emergency rules | ||||||
18 | authorized by this subsection (v) is deemed to be necessary for | ||||||
19 | the public interest, safety, and welfare. | ||||||
20 | (w) In order to provide for the expeditious and timely | ||||||
21 | implementation of the provisions of Public Act 99-796, | ||||||
22 | emergency rules to implement the changes made by Public Act | ||||||
23 | 99-796 may be adopted in accordance with this subsection (w) by | ||||||
24 | the Adjutant General. The adoption of emergency rules | ||||||
25 | authorized by this subsection (w) is deemed to be necessary for | ||||||
26 | the public interest, safety, and welfare. |
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| |||||||
1 | (x) In order to provide for the expeditious and timely | ||||||
2 | implementation of the provisions of Public Act 99-906, | ||||||
3 | emergency rules to implement subsection (i) of Section 16-115D, | ||||||
4 | subsection (g) of Section 16-128A, and subsection (a) of | ||||||
5 | Section 16-128B of the Public Utilities Act may be adopted in | ||||||
6 | accordance with this subsection (x) by the Illinois Commerce | ||||||
7 | Commission. The rulemaking authority granted in this | ||||||
8 | subsection (x) shall apply only to those rules adopted within | ||||||
9 | 180 days after June 1, 2017 (the effective date of Public Act | ||||||
10 | 99-906). The adoption of emergency rules authorized by this | ||||||
11 | subsection (x) is deemed to be necessary for the public | ||||||
12 | interest, safety, and welfare. | ||||||
13 | (y) In order to provide for the expeditious and timely | ||||||
14 | implementation of the provisions of this amendatory Act of the | ||||||
15 | 100th General Assembly, emergency rules to implement the | ||||||
16 | changes made by this amendatory Act of the 100th General | ||||||
17 | Assembly to Section 4.02 of the Illinois Act on Aging, Sections | ||||||
18 | 5.5.4 and 5-5.4i of the Illinois Public Aid Code, Section 55-30 | ||||||
19 | of the Alcoholism and Other Drug Abuse and Dependency Act, and | ||||||
20 | Sections 74 and 75 of the Mental Health and Developmental | ||||||
21 | Disabilities Administrative Act may be adopted in accordance | ||||||
22 | with this subsection (y) by the respective Department. The | ||||||
23 | adoption of emergency rules authorized by this subsection (y) | ||||||
24 | is deemed to be necessary for the public interest, safety, and | ||||||
25 | welfare. | ||||||
26 | (z) In order to provide for the expeditious and timely |
| |||||||
| |||||||
1 | implementation of the provisions of this amendatory Act of the | ||||||
2 | 100th General Assembly, emergency rules to implement the | ||||||
3 | changes made by this amendatory Act of the 100th General | ||||||
4 | Assembly to Section 4.7 of the Lobbyist Registration Act may be | ||||||
5 | adopted in accordance with this subsection (z) by the Secretary | ||||||
6 | of State. The adoption of emergency rules authorized by this | ||||||
7 | subsection (z) is deemed to be necessary for the public | ||||||
8 | interest, safety, and welfare. | ||||||
9 | (aa) In order to provide for the expeditious and timely | ||||||
10 | initial implementation of the changes made to Articles 5, 5A, | ||||||
11 | 12, and 14 of the Illinois Public Aid Code under the provisions | ||||||
12 | of this amendatory Act of the 100th General Assembly, the | ||||||
13 | Department of Healthcare and Family Services may adopt | ||||||
14 | emergency rules in accordance with this subsection (aa). The | ||||||
15 | 24-month limitation on the adoption of emergency rules does not | ||||||
16 | apply to rules to initially implement the changes made to | ||||||
17 | Articles 5, 5A, 12, and 14 of the Illinois Public Aid Code | ||||||
18 | adopted under this subsection (aa). The adoption of emergency | ||||||
19 | rules authorized by this subsection (aa) is deemed to be | ||||||
20 | necessary for the public interest, safety, and welfare. | ||||||
21 | (bb) In order to provide for the expeditious and timely | ||||||
22 | implementation of the provisions of the Gun Dealer Licensing | ||||||
23 | Act, emergency rules to implement any provision of the Act may | ||||||
24 | be adopted in accordance with this subsection (bb) by the | ||||||
25 | Department of Financial and Professional Regulation. The | ||||||
26 | rulemaking authority granted in this subsection (bb) shall |
| |||||||
| |||||||
1 | apply only to those rules adopted no later than one year after | ||||||
2 | the effective date of this amendatory Act of the 100th General | ||||||
3 | Assembly. The adoption of emergency rules authorized by this | ||||||
4 | subsection (bb) is deemed to be necessary for the public | ||||||
5 | interest, safety, and welfare. | ||||||
6 | (Source: P.A. 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; 99-143, | ||||||
7 | eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff. 6-30-16; | ||||||
8 | 99-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906, eff. 6-1-17; | ||||||
9 | 100-23, eff. 7-6-17; 100-554, eff. 11-16-17; 100-581, eff. | ||||||
10 | 3-12-18.)".
|