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| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB1657 Introduced 2/9/2017, by Sen. Don Harmon SYNOPSIS AS INTRODUCED: |
| New Act | | 5 ILCS 80/4.38 new | | 5 ILCS 100/5-45 | from Ch. 127, par. 1005-45 |
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Creates the Gun Dealer Licensing Act. Provides that it is unlawful for a person to engage in the business of selling, leasing, or otherwise transferring firearms without a license issued by the Department of Financial and Professional Regulation. Provides that a dealership agent other than a dealer licensee-in-charge may act on behalf of the licensed dealership without being licensed as a dealer under the Act. Creates the Gun Dealer Licensing Board consisting of 5 members appointed by the Secretary of Financial and Professional Regulation to recommend policies, procedures, and rules relevant to the administration and enforcement of the Act. Provides that the holder of a dealership license issued under the Act may employ in the conduct of his or her business dealership agents. Establishes qualifications for obtaining dealership licenses and for being employed as a dealership agent. Establishes penalties for violations of the Act. Provides for rulemaking, including emergency rulemaking. Amends the Regulatory Sunset Act. Provides that the Act is repealed on January 1, 2028. Amends the Illinois Administrative Procedure Act. Makes conforming changes.
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| | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | | FISCAL NOTE ACT MAY APPLY |
| | A BILL FOR |
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| | SB1657 | | LRB100 08489 RLC 18608 b |
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1 | | AN ACT concerning firearms.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 1. Short title. This Act may be cited as the Gun |
5 | | Dealer Licensing Act. |
6 | | Section 5. Definitions. As used in this Act: |
7 | | "Address of record" means the designated address recorded |
8 | | by the Department in the applicant's, dealer's or dealership |
9 | | agent's application file or license file as maintained by the |
10 | | Department's licensure maintenance unit. It is the duty of the |
11 | | applicant or dealer to inform the Department of any change of |
12 | | address, and those changes must be made either through the |
13 | | Department's website or by contacting the Department's |
14 | | licensure maintenance unit. |
15 | | "Applicant" means any person who applies for a dealership |
16 | | license or dealer license, or the renewal of the dealership |
17 | | license or dealer license under this Act. |
18 | | "Board" means the Gun Dealer Licensing Board. |
19 | | "Confidential or security information" means information |
20 | | which identifies the purchasers or other transferees of |
21 | | firearms from a dealer or dealership. |
22 | | "Dealer" means any person engaged in the business of |
23 | | selling, leasing, or otherwise transferring firearms or any |
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1 | | person within the meanings provided by 18 U.S.C. 921(a)(11) and |
2 | | 27 CFR 478.11 to include any person engaged in the business of |
3 | | selling firearms at wholesale or retail, or repairing firearms |
4 | | or making or fitting special barrels, stocks, or trigger |
5 | | mechanisms to firearms. |
6 | | "Dealership" means a person, firm, corporation, or other |
7 | | legal entity that engages in the business of selling, leasing, |
8 | | or otherwise transferring firearms and employs, in addition to |
9 | | the gun dealer licensee-in-charge, at least one other |
10 | | dealership agent. |
11 | | "Dealership agent" means an owner, officer, paid or unpaid |
12 | | agent, volunteer or employee of a licensed dealership who has |
13 | | access to or control of firearms in the inventory of the |
14 | | dealership or confidential or security information of the |
15 | | dealership. |
16 | | "Dealership licensee-in-charge" or "licensee-in-charge" |
17 | | means a dealer who has been designated by a dealership to be |
18 | | the licensee-in-charge of the dealership, who is a full-time |
19 | | management employee or owner who assumes sole responsibility |
20 | | for maintaining all records required by this Act, and who |
21 | | assumes sole responsibility for assuring the dealership's |
22 | | compliance with its responsibilities as stated in this Act. The |
23 | | Department shall adopt rules mandating licensee-in-charge |
24 | | participation in dealership affairs. |
25 | | "Department" means the Department of Financial and |
26 | | Professional Regulation. |
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1 | | "Engaged in the business" means a person who, as provided |
2 | | in 18 U.S.C. 921(a)(21) and 27 CFR 478.11(a), devotes time, |
3 | | attention, and labor to engaging in such activity as a regular |
4 | | course of trade or business with the principal objective of |
5 | | livelihood and profit, or who: |
6 | | (1) conducts a business selling, leasing, or |
7 | | transferring firearms; |
8 | | (2) holds himself or herself out as engaged in the |
9 | | business of selling, leasing, or otherwise transferring |
10 | | firearms; or |
11 | | (3) sells, leases, or transfers firearms in quantity, |
12 | | in series, or in any other manner indicative of trade. |
13 | | "Gunsmith" means, as defined in 27 CFR 478.11(d), any |
14 | | person who receives firearms (frames, receivers, or otherwise) |
15 | | provided by a customer for the purpose of repairing, modifying, |
16 | | embellishing, refurbishing, or installing parts in or on those |
17 | | firearms. A gunsmith is not "engaged in the business" of |
18 | | manufacturing firearms because the firearms being produced are |
19 | | not owned by the gunsmith and he does not sell or distribute |
20 | | the firearms manufactured. |
21 | | "Firearm" has the same meaning as "firearm" in Section 1.1 |
22 | | of the Firearm Owners Identification Card Act. |
23 | | "Licensee" means a dealer or a dealership licensed under |
24 | | this Act. Anyone who holds himself or herself out as a licensee |
25 | | or who is accused of unlicensed business is considered a |
26 | | licensee for purposes of enforcement, investigation, hearings, |
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1 | | and the Illinois Administrative Procedure Act. |
2 | | "Manufacturer" means, as defined by 18 U.S.C. 921 (a)(10) |
3 | | and 27 CFR 478.11, any person engaged in the business of |
4 | | manufacturing firearms or ammunition for purposes of sale or |
5 | | distribution. |
6 | | "Person" means a natural person. |
7 | | "Secretary" means the Secretary of Financial and |
8 | | Professional Regulation. |
9 | | Section 10. License requirement. |
10 | | (a) It is unlawful for a person to engage in the business |
11 | | of selling, leasing, or otherwise transferring firearms |
12 | | without a license under this Act. A dealership agent other than |
13 | | a dealer licensee-in-charge may act on behalf of the licensed |
14 | | dealership under Section 75 without being licensed as a dealer |
15 | | under this Act. |
16 | | (b) It is unlawful for a person, firm, corporation, group |
17 | | of individuals, or other legal entity to act as a dealership |
18 | | licensed under this Act, to advertise, or to assume to act as a |
19 | | licensed dealership or to use a title implying that the person, |
20 | | firm, or other entity is engaged in business as a dealership |
21 | | without a license under this Act. An individual or sole |
22 | | proprietor licensed as a dealer who operates without any |
23 | | dealership agents may act as a dealership without having to |
24 | | obtain a dealership license, provided the dealer notifies the |
25 | | Department that he or she is operating in this manner and |
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1 | | provides the information required under Section 65, as |
2 | | determined to be applicable to the dealer by the Department. |
3 | | The dealer may operate under a "doing business as" or assumed |
4 | | name certification so long as the assumed name is first |
5 | | registered with the Department. |
6 | | (c) No dealership shall operate a branch office without |
7 | | first applying for and receiving a branch office license for |
8 | | each location. The term "branch office" does not include a |
9 | | location at which the dealership conducts business |
10 | | temporarily, such as at a gun show. |
11 | | (d) It is unlawful to obtain or attempt to obtain any |
12 | | license or authorization issued under this Act by fraudulent |
13 | | misrepresentation. |
14 | | (e) A person who violates any provision of this Section is |
15 | | guilty of a Class A misdemeanor for a first violation, and a |
16 | | Class 4 felony for a second or subsequent violation. |
17 | | (f) In addition to any other penalty provided by law, any |
18 | | person or entity who violates any provision of this Section |
19 | | shall pay a civil penalty to the Department in an amount not to |
20 | | exceed $10,000 for each offense as determined by the |
21 | | Department. The civil penalty shall be assessed by the |
22 | | Department after a hearing is held in accordance with the |
23 | | provisions set forth in this Act regarding the provision of a |
24 | | hearing for the discipline of a licensee. |
25 | | (g) The Department has the authority and power to |
26 | | investigate any and all unlicensed activity. |
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1 | | (h) The civil penalty shall be paid within 60 days after |
2 | | the effective date of the order imposing the civil penalty. The |
3 | | order shall constitute a judgment and may be filed and |
4 | | execution had thereon in the same manner as any judgment from |
5 | | any court of record. |
6 | | Section 15. Exemptions.
The provisions of this Act related |
7 | | to the licensure of dealers and dealerships do not apply to a |
8 | | person or other entity that engages in the following |
9 | | activities: |
10 | | (1) transfers of less than 10 firearms within each calendar |
11 | | year; |
12 | | (2) temporary transfers of firearms solely for use at the |
13 | | location or on the premises where the transfer takes place, |
14 | | such as transfers at a shooting range for use at that location; |
15 | | (3) temporary transfers of firearms solely for use while in |
16 | | the presence of the transferor, such as transfers for the |
17 | | purposes of firearm safety training by a training instructor; |
18 | | (4) transfers of firearms among immediate family or |
19 | | household members, as "immediate family or household member" is |
20 | | defined in Section 3-2.7-10 of the Unified Code of Corrections; |
21 | | (5) transfers by persons or entities acting under operation |
22 | | of law or a court order; |
23 | | (6) transfers by persons or entities liquidating all or |
24 | | part of a collection. For purposes of this paragraph (6), |
25 | | "collection" means 2 or more firearms which are of special |
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1 | | interest to collectors by reason of some quality other than is |
2 | | associated with firearms intended for sporting use or as |
3 | | offensive or defensive weapons; |
4 | | (7) transfers of firearms that have been rendered |
5 | | permanently inoperable to a nonprofit historical society, |
6 | | museum, or institutional collection; |
7 | | (8) transfers by a law enforcement or corrections agency or |
8 | | a law enforcement or corrections officer acting within the |
9 | | course and scope of his or her official duties; |
10 | | (9) transfers by a person who has his or her Firearm |
11 | | Owner's Identification Card revoked to a State or local law |
12 | | enforcement agency; |
13 | | (10) transfers of curios and relics, as defined under |
14 | | federal law, between collectors licensed under subsection (b) |
15 | | of Section 923 of the federal Gun Control Act of 1968; |
16 | | (11) transfers by a person or entity who is licensed as a |
17 | | manufacturer of firearms under Section 923 of Title 18 of the |
18 | | United States Code to a person or entity who is licensed as a |
19 | | dealer or dealership under this Act, or to a person or entity |
20 | | who is licensed as a manufacturer, dealer, or importer of |
21 | | firearms under Section 923 of Title 18 of the United States |
22 | | Code; or |
23 | | (12) transfers of pieces or parts of a firearm that do not |
24 | | themselves qualify as firearms under paragraph (3) of |
25 | | subsection (a) of Section 921 of the federal Gun Control Act of |
26 | | 1968 by a person who is actually engaged in manufacturing and |
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1 | | selling those pieces or parts but only on the activities which |
2 | | are within the lawful scope of that business, and who possesses |
3 | | a license as a manufacturer under subsection (a) of Section 923 |
4 | | of the federal Gun Control Act of 1968. |
5 | | Section 20. Powers and duties of the Department. Subject to |
6 | | the provisions of this Act, the Department shall exercise the |
7 | | following powers and duties: |
8 | | (1) Prescribe forms to be issued for the administration |
9 | | and enforcement of this Act. |
10 | | (2) Prescribe and publish rules for issuance of dealer |
11 | | licenses and dealership licenses authorizing qualified |
12 | | applicants to engage in the business of selling, leasing, |
13 | | or otherwise transferring firearms. |
14 | | (3) Review application to ascertain the qualifications |
15 | | of applicants for licenses. |
16 | | (4) Examine the records of licensees or investigate any |
17 | | other aspect of the business of selling, leasing, or |
18 | | otherwise transferring firearms. |
19 | | (5) Conduct hearings on proceedings to refuse to issue |
20 | | or renew licenses or to revoke, suspend, place on |
21 | | probation, reprimand, or take any other disciplinary or |
22 | | non-disciplinary action against licenses issued under this |
23 | | Act. |
24 | | (6) Formulate rules required for the administration of |
25 | | this Act. Notice of proposed rulemaking shall be |
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1 | | transmitted to the Board, and the Department shall review |
2 | | the Board's response and any recommendations made in the |
3 | | response. |
4 | | (7) Solicit the advice and expert knowledge of the |
5 | | Board on any matter relating to the administration and |
6 | | enforcement of this Act. |
7 | | (8) Maintain rosters of the names and addresses of all |
8 | | licensees and all persons whose licenses have been |
9 | | suspended, revoked, denied renewal, or otherwise |
10 | | disciplined within the previous calendar year. These |
11 | | rosters shall be available upon written request and payment |
12 | | of the required fee as established by rule. |
13 | | (9) Exercise the powers and duties prescribed by the |
14 | | Civil Administrative Code of Illinois for the |
15 | | administration of licensing Acts. |
16 | | (10) Contract with the Department of State Police, as |
17 | | necessary, to perform inspections of licensees, as |
18 | | provided under this Act. |
19 | | (11) Authorize examinations to ascertain the |
20 | | qualifications and fitness of applicants for licensing as a |
21 | | dealer and pass upon the qualifications of applicants for |
22 | | licensure. |
23 | | Section 25. The Gun Dealer Licensing Board. |
24 | | (a) The Gun Dealer Licensing Board shall consist of 5 |
25 | | members to be appointed by the Secretary. Each member shall |
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1 | | have a reasonable knowledge of the federal and State laws |
2 | | regarding firearms. Each member shall either be a resident of |
3 | | this State or shall certify that he or she will become a |
4 | | resident of this State before taking office. The Board shall |
5 | | consist of: |
6 | | (1) one member with at least 5 years of service as a |
7 | | county sheriff or chief of police of a municipal police |
8 | | department within this State; |
9 | | (2) one representative of the Department State Police |
10 | | with at least 5 years investigative experience or duties |
11 | | related to criminal justice; |
12 | | (3) one member with at least 5 years of experience as a |
13 | | federally licensed firearms dealer in good standing within |
14 | | this State; |
15 | | (4) one member who is a representative of an advocacy |
16 | | group for public safety; and |
17 | | (5) one member shall be a lawyer licensed to practice |
18 | | law in this State.
The membership shall reasonably reflect |
19 | | the different geographic areas in this State. |
20 | | (b) Members shall serve 4 year terms and may serve until |
21 | | their successors are appointed and qualified. Partial terms of |
22 | | over 2 years in length shall be considered full terms. No |
23 | | member shall serve for more than 2 successive terms. Whenever a |
24 | | vacancy in the Board occurs, the remaining members of the Board |
25 | | shall notify the Secretary of that vacancy within 5 days after |
26 | | its occurrence and the Secretary shall fill the vacancy within |
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1 | | 45 days. Appointments to fill vacancies shall be made in the |
2 | | same manner as the original appointments for the unexpired |
3 | | portion of the vacated term. |
4 | | (c) The Secretary may recommend the removal of any member |
5 | | of the Board for cause at any time before the expiration of his |
6 | | or her term. A majority vote of the members is required for a |
7 | | decision to remove any member of the Board. A member subject to |
8 | | formal disciplinary proceedings shall disqualify himself or |
9 | | herself from all Board business until the charge is resolved. A |
10 | | member also shall disqualify himself or herself from any matter |
11 | | on which the member cannot act objectively. |
12 | | (d) The Board shall annually elect one of its members as |
13 | | chairperson and one of its members as vice-chair. |
14 | | (e) Members shall receive compensation as set by law. Each |
15 | | member shall receive reimbursement as set by the Governor's |
16 | | Travel Control Board for expenses incurred in carrying out the |
17 | | duties as a Board member. |
18 | | (f) A majority of Board members constitutes a quorum. A |
19 | | majority vote of the members is required for a decision. A |
20 | | vacancy in the membership of the Board shall not impair the |
21 | | right of a quorum to exercise all of the rights and perform all |
22 | | of the duties of the Board. |
23 | | (g) The Board may recommend policies, procedures, and rules |
24 | | relevant to the administration and enforcement of this Act. |
25 | | Section 30. Application for license; forms. |
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1 | | (a) Each license application shall be on forms provided by |
2 | | the Department. |
3 | | (b) Every application for an original dealer license shall |
4 | | include the applicant's social security number, which shall be |
5 | | retained in the dealership's records pertaining to the license. |
6 | | As soon as practical, the Department shall assign a customer's |
7 | | identification number to each applicant for a license. |
8 | | Every application for a renewal or restored license shall |
9 | | require the applicant's customer identification number. |
10 | | (c) Beginning January 1, 2019, the Department shall accept |
11 | | applications for dealership licenses and dealer licenses. |
12 | | Section 35. Issuance of license; renewal; fees. |
13 | | (a) The Department shall, upon the applicant's |
14 | | satisfactory completion of the requirements under this Act and |
15 | | receipt of the fee, issue the license indicating the name and |
16 | | business location of the licensee and the date of expiration. |
17 | | On or before December 31, 2019, the Department shall issue |
18 | | dealer and dealership licenses to all qualified applicants |
19 | | whose business existed in that location on the effective date |
20 | | of this Act, and who submitted the application to the |
21 | | Department on or after January 1, 2019 but before October 1, |
22 | | 2019. If an applicant submits an application for a license |
23 | | before October 1, 2019 and the Department does not issue or |
24 | | deny the license on or before December 31, 2019, or the |
25 | | Department does not issue or deny a license within 90 days to |
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1 | | an applicant who submits an application for a license or |
2 | | renewal of a license on October 1, 2019 or thereafter, the |
3 | | applicant or licensee shall not be in violation of this Act on |
4 | | the basis of continuing to operate the business. |
5 | | (b) The expiration date, renewal period, and conditions for |
6 | | renewal and restoration of each license shall be set by rule. |
7 | | The holder may renew the license during the 90 days preceding |
8 | | its expiration by paying the required fee and by meeting |
9 | | conditions that the Department may specify. As a condition of |
10 | | renewal of a dealer's license, the Department shall receive |
11 | | from the applicant a copy of his or her valid and unexpired |
12 | | concealed carry license, or shall verify the validity of the |
13 | | applicant's Firearm Owner's Identification Card through the |
14 | | Department of State Police in a manner prescribed by rule by |
15 | | the Department of State Police. A dealership or dealer |
16 | | operating on an expired license is considered to be practicing |
17 | | without a license. |
18 | | (c) A dealership that has permitted a license to expire may |
19 | | have it restored by submitting an application to the |
20 | | Department, successfully completing an inspection by the |
21 | | Department, and by paying the required restoration fee and all |
22 | | lapsed renewal fees. |
23 | | (d) A dealer that has permitted a license to expire may |
24 | | have it restored by submitting an application to the |
25 | | Department, paying the required restoration fee and all lapsed |
26 | | renewal fees and by providing evidence of competence to resume |
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1 | | practice satisfactory to the Department and the Board, which |
2 | | shall include a copy of the license holder's valid and |
3 | | unexpired concealed carry license, or verification of the |
4 | | continued validity of the license holder'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, |
7 | | and may include passing a written examination. |
8 | | (e) Any dealer whose license has expired while he or she |
9 | | has been engaged (1) in the federal service in active duty with |
10 | | the Army of the United States, the United States Navy, the |
11 | | Marine Corps, the Air Force, the Coast Guard, or the State |
12 | | Militia called into the service or training of the United |
13 | | States of America, or (2) in training or education under the |
14 | | supervision of the United States preliminary to induction into |
15 | | the military service, may have his or her license restored |
16 | | without paying any lapsed renewal fees or restoration fee, if |
17 | | within 2 years after termination of that service, training or |
18 | | education, other than by dishonorable discharge, he or she |
19 | | furnishes the Department with an affidavit to the effect that |
20 | | he or she has been so engaged and that his or her service, |
21 | | training or education has been so terminated. |
22 | | (f) A license shall not be denied any applicant because of |
23 | | the race, religion, creed, national origin, political beliefs |
24 | | or activities, age, sex, sexual orientation, or physical |
25 | | disability that does not affect a person's ability to practice |
26 | | with reasonable judgment, skill, or safety. |
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1 | | Section 40. Continuing education. The Department may adopt |
2 | | rules of continuing education for persons licensed under this |
3 | | Act. The Department shall consider the recommendations of the |
4 | | Board in establishing guidelines for the continuing education |
5 | | requirements. |
6 | | Section 45. Examination of applicants; fee forfeiture. |
7 | | (a) Applicants for licensure as a dealer shall be examined |
8 | | as provided by this Section if they are qualified to be |
9 | | examined under this Act. All applicants taking the examination |
10 | | shall be evaluated using the same standards as others who are |
11 | | examined for the respective license. |
12 | | (b) Examinations for licensure shall be held at the time |
13 | | and place as the Department may determine, but shall be held at |
14 | | least twice a year. |
15 | | (c) Examinations shall test the amount of knowledge and |
16 | | skill needed to perform the duties set under this Act and |
17 | | comply with other provisions of federal and State law |
18 | | applicable to the sale and transfer of firearms. The Department |
19 | | may contract with a testing service for the preparation and |
20 | | conduct of the examination. |
21 | | (d) If an applicant neglects, fails, or refuses to take an |
22 | | examination within one year after filing an application, the |
23 | | fee shall be forfeited. However, an applicant may, after a |
24 | | 1-year period, make a new application for examination |
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1 | | accompanied by the required fee. If an applicant fails to pass |
2 | | the examination within 3 years after filing an application, the |
3 | | application shall be denied. An applicant may make a new |
4 | | application after the 3-year period. |
5 | | (e) This Section does not apply to an applicant who was |
6 | | properly licensed as a firearms dealer under Section 923 of the |
7 | | federal Gun Control Act of 1968 (18 U.S.C. 923) on the |
8 | | effective date of this Act, in operation in this State. |
9 | | Section 50. Qualifications for licensure as a dealer.
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10 | | (a) A person is qualified for licensure as a dealer if he |
11 | | or she meets all of the following requirements: |
12 | | (1) is at least 21 years of age; |
13 | | (2) has a currently valid and unexpired concealed carry |
14 | | license or Firearm Owner's Identification Card. The |
15 | | Department shall verify the validity of the applicant's |
16 | | Firearm Owner's Identification Card through the Department |
17 | | of State Police in a manner prescribed by rule by the |
18 | | Department of State Police. The Department of State Police |
19 | | shall provide the Department with an approval number if the |
20 | | Firearm Owner's Identification Card is currently valid; |
21 | | (3) has not had a license or permit to sell, lease, |
22 | | transfer, purchase, or possess firearms from the federal |
23 | | government or the government of any state or subdivision of |
24 | | any state revoked or suspended for good cause within the |
25 | | preceding 3 years, or been terminated from employment with |
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1 | | a licensee or former licensee for good cause within the |
2 | | preceding 3 years; |
3 | | (4) has a minimum of one year of experience, with a |
4 | | minimum of 100 hours per year, during the 5 years |
5 | | immediately preceding the application:
(i) as a dealership |
6 | | agent under this Act; or
(ii) as a federal firearms dealer |
7 | | licensed under Section 923 of the federal Gun Control Act |
8 | | of 1968 (18 U.S.C. 923) or an employee of the business who |
9 | | had access to firearms; |
10 | | (5) has paid the fees required by this Act; and |
11 | | (6) has passed an examination authorized by the |
12 | | Department. |
13 | | (b) The Department may request a personal interview of an |
14 | | applicant before the Board to further evaluate his or her |
15 | | qualifications for a license. |
16 | | Section 55. Qualifications for licensure as a dealership. |
17 | | (a) Upon receipt of the required fee and the information |
18 | | listed in subsection (b) of this Section, the Department shall |
19 | | issue a license as a dealership to any of the following: |
20 | | (1) An individual who submits an application and is a |
21 | | licensed dealer under this Act. |
22 | | (2) A firm that submits an application and all of the |
23 | | members of the firm are licensed dealers under this Act. |
24 | | (3) A corporation or limited liability company doing |
25 | | business in this State that is authorized by its articles |
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1 | | of incorporation or organization to engage in the business |
2 | | of conducting a dealership if at least one executive |
3 | | employee is licensed as a dealer under this Act. |
4 | | (b) The Department shall require all of the following |
5 | | information from each applicant for licensure as a dealership |
6 | | under this Act: |
7 | | (1) The name, full business address, and telephone |
8 | | number of the dealership. The business address for the |
9 | | dealership shall be the complete street address where |
10 | | firearms in the inventory of the dealership are regularly |
11 | | stored, shall be located within the State, and may not be a |
12 | | Post Office Box. The applicant shall submit proof that the |
13 | | business location is or will be used to conduct the |
14 | | dealership's business. |
15 | | (2) All trade or business names used by the licensee. |
16 | | (3) The type of ownership or operation, such as a |
17 | | partnership, corporation, or sole proprietorship. |
18 | | (4) The name of the owner or operator of the |
19 | | dealership, including: |
20 | | (A) if a person, then the name and address of |
21 | | record of the person; |
22 | | (B) if a partnership, then the name and address of |
23 | | record of each partner and the name of the partnership; |
24 | | (C) if a corporation, then the name, address of |
25 | | record, and title of each corporate officer and |
26 | | director, the corporate names, and the name of the |
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1 | | state of incorporation; and |
2 | | (D) if a sole proprietorship, then the full name |
3 | | and address of record of the sole proprietor and the |
4 | | name of the business entity. |
5 | | (5) The name and license number of the |
6 | | licensee-in-charge for the dealership. |
7 | | (6) Proof that the applicant has applied for or |
8 | | received a certificate of registration under the |
9 | | Retailers' Occupation Tax Act. |
10 | | (7) From the sheriff of the county in which the |
11 | | business address is located written confirmation stating |
12 | | that, to the best of the sheriff's knowledge, the applicant |
13 | | is in compliance with applicable federal, State, and local |
14 | | laws. A sheriff that refuses to provide this confirmation |
15 | | within 30 days after the date of the application shall |
16 | | instead submit an objection in writing to the Department |
17 | | and the license applicant based upon a reasonable suspicion |
18 | | that the applicant is not in compliance with applicable |
19 | | federal, State, and local laws. If no written confirmation |
20 | | or objection is made under this paragraph (7) within 30 |
21 | | days after the date of the application, the Department |
22 | | shall proceed as if the sheriff had provided confirmation.
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23 | | A municipality or county may impose additional |
24 | | requirements for the operation of gun dealers and |
25 | | dealerships beyond the requirements of this Act and |
26 | | consistent with the United States Constitution and the |
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1 | | Constitution of the State of Illinois, including local |
2 | | license requirements. It shall be the duty of local |
3 | | authorities to investigate and enforce any failure of a |
4 | | dealer or dealership to meet these requirements and to |
5 | | notify the Department of these investigations and |
6 | | enforcement actions. This paragraph (7) supersedes Section |
7 | | 13.1 of the Firearm Owners Identification Card Act and |
8 | | Section 90 of the Firearm Concealed Carry Act as applied to |
9 | | the local regulation of dealers and dealerships. |
10 | | (8) Proof that the dealership is properly licensed as a |
11 | | firearms dealer under federal law. |
12 | | (9) A final inspection report demonstrating that the |
13 | | Department has determined upon inspection that the |
14 | | proposed business premises comply with Section 70 of this |
15 | | Act. |
16 | | (c) No dealer may be the licensee-in-charge for more than |
17 | | one dealership. Upon written request by a representative of a |
18 | | dealership, within 10 days after the loss of a |
19 | | licensee-in-charge of a dealership because of the death of that |
20 | | individual or because of the termination of the employment of |
21 | | that individual, the Department shall issue a temporary |
22 | | certificate of authority allowing the continuing operation of |
23 | | the licensed dealership. No temporary certificate of authority |
24 | | shall be valid for more than 90 days. An extension of an |
25 | | additional 90 days may be granted upon written request by the |
26 | | representative of the dealership. Not more than 2 extensions |
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1 | | may be granted to any dealership. No temporary permit shall be |
2 | | issued for loss of the licensee-in-charge because of |
3 | | disciplinary action by the Department related to his or her |
4 | | conduct on behalf of the dealership. |
5 | | (d) The Department may request a personal interview of a |
6 | | gun dealership licensee-in-charge to evaluate the dealership's |
7 | | qualifications for a license. |
8 | | Section 60. Training of dealership agents. The Department |
9 | | shall adopt rules requiring dealership agents to undergo |
10 | | training regarding legal requirements and responsible business |
11 | | practices as applicable to the sale or transfer of firearms. |
12 | | Before a dealership agent has unsupervised access to or control |
13 | | over firearms in the dealership's inventory or confidential or |
14 | | security information, the dealership shall ensure that the |
15 | | dealership agent receives the training that the Department may |
16 | | require. |
17 | | Section 65. Display of license. Each licensee shall |
18 | | prominently display his or her individual, agency, or branch |
19 | | office license at each place where business is being conducted, |
20 | | as required under this Act. A licensee-in-charge is required to |
21 | | post his or her license only at the dealership office. |
22 | | Section 70. Requirements; prohibitions. |
23 | | (a) The Department of Financial and Professional |
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1 | | Regulation shall implement the provisions of this Section by |
2 | | rule. |
3 | | (b) A licensee shall maintain operating documents which |
4 | | shall include procedures for the oversight of the licensee and |
5 | | procedures to ensure accurate recordkeeping. |
6 | | (c) By the date of application, a licensee shall implement |
7 | | appropriate security measures, as provided by rule, to deter |
8 | | and prevent the theft of firearms and unauthorized entrance |
9 | | into areas containing firearms. The rules may provide for: |
10 | | (1) the manner of securing firearms when the location |
11 | | is both open and closed for business; |
12 | | (2) alarm systems for licensees; and |
13 | | (3) other reasonable requirements to deter illegal |
14 | | sales and reduce the risk of burglaries and other crimes or |
15 | | accidents at licensees' business establishments. |
16 | | (d) If a licensee operates the business at a permanent |
17 | | physical location that is open to the public, that location |
18 | | shall be equipped with a video surveillance system sufficient |
19 | | to monitor the critical areas of the business premises, |
20 | | including, but not limited to, all places where firearms are |
21 | | stored, handled, sold, transferred, or carried. The video |
22 | | surveillance system shall operate without interruption |
23 | | whenever the licensee is open for business. Whenever the |
24 | | licensee is not open for business, the system shall be |
25 | | triggered by a motion detector and begin recording immediately |
26 | | upon detection of any motion within the monitored area. The |
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1 | | stored images shall be maintained on the business premises of |
2 | | the licensee for a period of not less than 90 days from the |
3 | | date of recording and shall only be available for inspection on |
4 | | the premises by the licensee, the licensee's dealership agents, |
5 | | the Department, or federal, State, and local law enforcement |
6 | | upon request, and neither the stored images, copies, records, |
7 | | or reproductions of the stored images shall leave the custody |
8 | | of the licensee except under a court order, subpoena, or search |
9 | | warrant. The licensee shall post a sign in a conspicuous place |
10 | | at each entrance to the premises that states in block letters |
11 | | not less than one inch in height: |
12 | | "THESE PREMISES ARE UNDER VIDEO SURVEILLANCE. YOUR IMAGE |
13 | | MAY BE RECORDED." |
14 | | (e) The area where the licensee stores firearms that are |
15 | | inventory of the licensee shall only be accessed by dealership |
16 | | agents, Department of Financial and Professional Regulation |
17 | | staff performing inspections, law enforcement or other |
18 | | emergency personnel, and contractors working on jobs unrelated |
19 | | to firearms, such as installing or maintaining security devices |
20 | | or performing electrical wiring. |
21 | | (f) A licensee shall operate its business and conduct all |
22 | | sales and transfers of firearms or in compliance with all |
23 | | federal and State laws, and maintain all records as required by |
24 | | federal and State laws. |
25 | | (g) A licensee shall make a photo copy of a buyer's or |
26 | | transferee's valid photo I.D. card whenever a sale transaction |
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1 | | takes places. The photo copy shall be attached to the |
2 | | documentation detailing the record of sale. |
3 | | (h) A licensee shall post in a conspicuous position on the |
4 | | premises where the licensee conducts business a sign that |
5 | | contains the following warning in block letters not less than |
6 | | one inch in height: |
7 | | "With few exceptions, it is unlawful for you to: |
8 | | (1) store or leave an unsecured firearm in a place |
9 | | where a child can obtain access to it, |
10 | | (2) sell or transfer your firearm to someone else |
11 | | without receiving approval for the transfer from the |
12 | | Department of State Police, or |
13 | | (3) fail to report the loss or theft of your |
14 | | firearm to local law enforcement within 72 hours." |
15 | | A licensee shall post any additional warnings or provide |
16 | | any other information regarding firearms laws and the safe |
17 | | storage of firearms to consumers as required by the Department |
18 | | by rule. |
19 | | (i) Before issuance, renewal, or restoration of a |
20 | | dealership license, the Department shall inspect the premises |
21 | | of the proposed business to ensure compliance with this Act. |
22 | | Licensees shall have their places of business open for |
23 | | inspection by the Department and law enforcement during all |
24 | | hours of operation, provided that the Department may conduct no |
25 | | more than one unannounced inspection per dealer or dealership |
26 | | per year without good cause. Licensees shall make all records, |
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1 | | documents, and firearms accessible for inspection upon the |
2 | | request of law enforcement and the Department. |
3 | | (j) The premises where the licensee conducts business shall |
4 | | not be located in any district or area that is within 500 feet |
5 | | of any school, pre-school, or day-care facility. This |
6 | | subsection (j) does not apply to a licensee whose business |
7 | | existed in that location on the effective date of this Act, and |
8 | | does not limit the authority of a local government to impose |
9 | | and enforce additional limits on the location of a business |
10 | | regulated under this Act. |
11 | | Section 75. Dealership agent requirements. A licensed |
12 | | dealership may employ in the conduct of his or her business |
13 | | dealership agents under the following provisions: |
14 | | (1) A dealership shall not knowingly allow a person to have |
15 | | unsupervised access to firearms in the inventory of the |
16 | | dealership or confidential or security information who: |
17 | | (A) is younger than 21 years of age; |
18 | | (B) does not have a valid and unexpired concealed carry |
19 | | license or Firearm Owner's Identification Card; or |
20 | | (C) has had a license denied, suspended, or revoked |
21 | | under this Act, or been terminated from employment as a |
22 | | dealership agent: |
23 | | (i) within one year before the date the person's |
24 | | application for employment with the dealership; and |
25 | | (ii) that refusal, denial, suspension, revocation, |
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1 | | or termination was based on any provision of this Act. |
2 | | (2) No person may act as a dealership agent under this |
3 | | Section until he or she has executed and furnished to the |
4 | | employer, on forms furnished by the Department, a verified |
5 | | statement to be known as "Dealership Agent's Statement" setting |
6 | | forth: |
7 | | (A) The person's full name, age, and residence address. |
8 | | (B) That the person has not had a license denied, |
9 | | revoked, or suspended under this Act, or been terminated |
10 | | from employment as a dealership agent: |
11 | | (i) within one year before the date the person's |
12 | | application for employment with the dealership; and |
13 | | (ii) that refusal, denial, suspension, revocation, |
14 | | or termination was based on any provision of this Act. |
15 | | (C) That the person will notify the dealership |
16 | | immediately if his or her Firearm Owner's Identification |
17 | | Card or concealed carry license is revoked for any reason. |
18 | | (D) That the person will not divert firearms in |
19 | | violation of the law. |
20 | | (3) Each applicant for employment as a dealership agent |
21 | | shall provide a copy of his or her valid and unexpired |
22 | | concealed carry license, or have the validity of his or her |
23 | | Firearm Owner's Identification Card confirmed by the |
24 | | dealership through the Department of State Police in a manner |
25 | | prescribed by rule by the Department of State Police. The |
26 | | Department of State Police shall provide the dealership with an |
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1 | | approval number if the Firearm Owner's Identification Card is |
2 | | currently valid. |
3 | | (4) As part of an application for renewal or restoration of |
4 | | a dealership license, the dealership shall confirm the validity |
5 | | of the Firearm Owner's Identification Card of each dealership |
6 | | agent employed by the dealership, and record the unique |
7 | | approval number provided by the Department of State Police in |
8 | | the record maintained under paragraph (5) of this Section, |
9 | | provided that a dealership shall not be required to confirm the |
10 | | validity of the Firearm Owner's Identification Card of a |
11 | | dealership agent if the dealership has already confirmed the |
12 | | validity of the dealership agent's Firearm Owner's |
13 | | Identification Card within the last 6 months or the dealership |
14 | | agent has provided the dealership with a copy of his or her |
15 | | valid and unexpired concealed carry license within the last 6 |
16 | | months. |
17 | | (5) Each dealership shall maintain a record of each |
18 | | dealership agent that is accessible to the Department. The |
19 | | record shall contain the following information: |
20 | | (A) The Dealership Agent's Statement specified in |
21 | | paragraph (2) of this Section; and |
22 | | (B) A copy of the dealership agent's concealed carry |
23 | | license or Firearm Owner's Identification Card, and the |
24 | | approval number provided by the Department of State Police |
25 | | when the dealership last confirmed the validity of the |
26 | | dealership agent's Firearm Owner's Identification Card.
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1 | | The Department may, by rule, prescribe further record |
2 | | requirements. |
3 | | (6) Every dealership shall maintain a separate roster of |
4 | | the names of all dealership agents and submit the roster to the |
5 | | Department on request. |
6 | | (7) No dealership may employ any person to perform a |
7 | | licensed activity under this Act unless the person possesses a |
8 | | valid dealer license under this Act or the requirements of this |
9 | | Section are met, or the person is exempt under paragraph (8) of |
10 | | this Section. |
11 | | (8) Peace officers shall be exempt from the requirements of |
12 | | this Section relating to Firearm Owner's Identification Cards |
13 | | and concealed carry licenses. The dealership shall remain |
14 | | responsible for any peace officer employed under this |
15 | | exemption, regardless of whether the peace officer is |
16 | | compensated as an employee or as an independent contractor and |
17 | | as further defined by rule. |
18 | | (9) Persons who have no unsupervised access to firearms in |
19 | | the inventory of a dealership or confidential or security |
20 | | information are exempt from the requirements of a dealership |
21 | | agent. |
22 | | (10) This Section shall apply to unpaid or paid volunteers |
23 | | or other agents of the dealership who will have access to or |
24 | | control over firearms in the inventory of the dealership or |
25 | | confidential or security information, just as it applies to |
26 | | paid employees. |
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1 | | Section 80. Employment requirement.
A dealership licensed |
2 | | under this Act is prohibited from evading or attempting to |
3 | | evade the requirements for dealership agents under this Act by |
4 | | engaging a contractor or independent contractor to perform the |
5 | | activities of a dealer or dealership agent, unless that person |
6 | | is licensed under this Act. |
7 | | Section 85. Disciplinary sanctions. |
8 | | (a) The Department may deny issuance, refuse to renew, or |
9 | | restore or may reprimand, place on probation, suspend, revoke, |
10 | | or take other disciplinary or non-disciplinary action against |
11 | | any license, may impose a fine not to exceed $10,000 for each |
12 | | violation, and may assess costs as provided for under Section |
13 | | 150, for any of the following, consistent with the Protection |
14 | | of Lawful Commerce in Arms Act, 15 U.S.C. 7901 through 7903 or |
15 | | amendments thereto: |
16 | | (1) Material misstatement in furnishing information to |
17 | | the Department or to any other State or federal agency. |
18 | | (2) Violations of this Act, any of the rules adopted |
19 | | under this Act, or any law applicable to the sale or |
20 | | transfer of firearms. |
21 | | (3) Making any misrepresentation for the purpose of |
22 | | obtaining licenses or cards. |
23 | | (4) A pattern of practice or other behavior which |
24 | | demonstrates incapacity or incompetency to practice under |
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1 | | this Act. |
2 | | (5) Aiding or assisting another person in violating any |
3 | | provision of this Act or rules adopted under this Act. |
4 | | (6) Failing, within 60 days, to provide information in |
5 | | response to a written request made by the Department. |
6 | | (7) Conviction of or plea of guilty or plea of nolo |
7 | | contendere to any crime that disqualifies the person from |
8 | | obtaining a valid Firearm Owner's Identification Card. |
9 | | (8) Continued practice, although the person has become |
10 | | unfit to practice due to any of the following: |
11 | | (A) Physical illness, mental illness, or other |
12 | | impairment, including, but not limited to, |
13 | | deterioration through the aging process or loss of |
14 | | motor skills that results in the inability to serve the |
15 | | public with reasonable judgment, skill, or safety. |
16 | | (B) Any circumstance that disqualifies the person |
17 | | from obtaining a valid Firearm Owner's Identification |
18 | | Card. |
19 | | (C) Habitual or excessive use or abuse of drugs |
20 | | defined in law as controlled substances, alcohol, or |
21 | | any other substance that results in the inability to |
22 | | practice with reasonable judgment, skill, or safety. |
23 | | (9) Receiving, directly or indirectly, compensation |
24 | | for any firearms sold or transferred illegally. |
25 | | (10) Discipline by another United States jurisdiction, |
26 | | foreign nation, or governmental agency, if at least one of |
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1 | | the grounds for the discipline is the same or substantially |
2 | | equivalent to those set forth in this Act. |
3 | | (11) Giving differential treatment to a person that is |
4 | | to that person's detriment because of race, color, creed, |
5 | | sex, sexual orientation, religion, or national origin. |
6 | | (12) Violation of any disciplinary order imposed on a |
7 | | licensee by the Department. |
8 | | (13) Conducting a dealership without a valid license. |
9 | | (14) Revealing confidential or security information, |
10 | | except as specifically authorized by law, including but not |
11 | | limited to information about purchasers and transferees of |
12 | | firearms, provided that a licensee or dealership agent may |
13 | | disclose this information under a court order, subpoena, or |
14 | | search warrant or to the Department or federal, State, or |
15 | | local law enforcement agencies upon request. |
16 | | (15) Purporting to be a licensee-in-charge of an agency |
17 | | without active participation in the agency. |
18 | | (16) A finding by the Department that the licensee, |
19 | | after having his or her license placed on probationary |
20 | | status, has violated the terms of probation. |
21 | | (17) Failure to report in writing to the Department, |
22 | | within 60 days of an entry of a settlement or a verdict in |
23 | | excess of $10,000, any legal action in which the business |
24 | | of the dealer, dealership, or dealership agent was the |
25 | | subject of the legal action. |
26 | | (b) All fines imposed under this Section shall be paid |
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1 | | within 60 days after the effective date of the order imposing |
2 | | the fine. |
3 | | Section 90. Suspension or revocation of dealership agent |
4 | | authority. |
5 | | (a) Dealership agents shall be subject to the disciplinary |
6 | | sanctions of this Act and shall otherwise comply with this Act |
7 | | and the rules adopted under it. Notwithstanding any other |
8 | | provision in this Act to the contrary, dealership agents shall |
9 | | not be responsible for compliance with any requirement that |
10 | | this Act assigns to the dealership or the licensee-in-charge |
11 | | regardless of the agent's job title, job duties, or position in |
12 | | the dealership. The procedures for disciplining a licensee |
13 | | shall also apply in taking action against a dealership agent. |
14 | | (b) The revocation of a dealer's or dealership agent's |
15 | | Firearm Owner's Identification Card or concealed carry |
16 | | license, if applicable, operates as an automatic suspension of |
17 | | the dealer license or dealership agent's authority under this |
18 | | Act. The suspension shall end only upon the issuance by the |
19 | | Department of State Police of a new Firearm Owner's |
20 | | Identification Card or concealed carry license to the dealer or |
21 | | dealership agent. |
22 | | Section 95. Returned checks; fines. Any person who delivers |
23 | | a check or other payment to the Department that is returned to |
24 | | the Department unpaid by the financial institution upon which |
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1 | | it is drawn shall pay to the Department, in addition to the |
2 | | amount already owed to the Department, a fine of $50. The fines |
3 | | imposed by this Section are in addition to any other discipline |
4 | | provided under this Act for unlicensed business or business on |
5 | | a nonrenewed license. The Department shall notify the person |
6 | | that payment of fees and fines shall be paid to the Department |
7 | | by certified check or money order within 30 calendar days of |
8 | | the notification. If, after the expiration of 30 days from the |
9 | | date of the notification, the person has failed to submit the |
10 | | necessary remittance, the Department shall automatically |
11 | | terminate the license or deny the application, without hearing. |
12 | | If, after termination or denial, the person seeks a license, he |
13 | | or she shall apply to the Department for restoration or |
14 | | issuance of the license and pay all fees and fines due to the |
15 | | Department. The Department may establish a fee for the |
16 | | processing of an application for restoration of a license to |
17 | | pay all expenses of processing this application. The Secretary |
18 | | may waive the fines due under this Section in individual cases |
19 | | if the Secretary finds that the fines would be unreasonable or |
20 | | unnecessarily burdensome. |
21 | | Section 100. Statute of limitations. No action may be taken |
22 | | under this Act against a person or entity licensed under this |
23 | | Act unless the action is commenced within 5 years after the |
24 | | occurrence of the alleged violations. A continuing violation |
25 | | shall be deemed to have occurred on the date when the |
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1 | | circumstances last existed that give rise to the alleged |
2 | | violation. |
3 | | Section 105. Complaints; investigations; hearings. |
4 | | (a) The Department may investigate the actions of any |
5 | | applicant or of any person or persons holding or claiming to |
6 | | hold a license or registration under this Act. |
7 | | (b) The Department shall, before disciplining a licensee |
8 | | under Section 130 or refusing to issue or license, at least 30 |
9 | | days before the date set for the hearing, (i) notify the |
10 | | accused in writing of the charges made and the time and place |
11 | | for the hearing on the charges, (ii) direct him or her to file |
12 | | a written answer to the charges under oath within 20 days after |
13 | | service, and (iii) inform the applicant or licensee that |
14 | | failure to answer will result in a default being entered |
15 | | against the applicant or licensee. |
16 | | (c) At the time and place fixed in the notice, the Board or |
17 | | the hearing officer appointed by the Secretary shall proceed to |
18 | | hear the charges, and the parties or their counsel shall be |
19 | | accorded ample opportunity to present any pertinent |
20 | | statements, testimony, evidence, and arguments. The Board or |
21 | | hearing officer may continue the hearing from time to time. In |
22 | | case the person, after receiving the notice, fails to file an |
23 | | answer, his or her license may, in the discretion of the |
24 | | Secretary, having first received the recommendation of the |
25 | | Board, be suspended, revoked, or placed on probationary status, |
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1 | | or be subject to whatever disciplinary action the Secretary |
2 | | considers proper, including limiting the scope, nature, or |
3 | | extent of the person's business or the imposition of a fine, |
4 | | without hearing, if the act or acts charged constitute |
5 | | sufficient grounds for that action under this Act. |
6 | | (d) The written notice and any notice in the subsequent |
7 | | proceeding may be served by certified mail to the licensee's |
8 | | address of record. |
9 | | (e) The Secretary has the authority to appoint any attorney |
10 | | licensed to practice law in this State to serve as the hearing |
11 | | officer in any action for refusal to issue, restore, or renew a |
12 | | license or to discipline a licensee. The hearing officer has |
13 | | full authority to conduct the hearing. |
14 | | Section 110. Hearing; rehearing. |
15 | | (a) The Board or the hearing officer authorized by the |
16 | | Department shall hear evidence in support of the formal charges |
17 | | and evidence produced by the licensee. At the conclusion of the |
18 | | hearing, the Board shall present to the Secretary a written |
19 | | report of its findings of fact, conclusions of law, and |
20 | | recommendations. The report shall contain a finding of whether |
21 | | the accused person violated this Act or failed to comply with |
22 | | the conditions required in this Act. The Board shall specify |
23 | | the nature of the violation or failure to comply and shall make |
24 | | its recommendation to the Secretary. |
25 | | (b) At the conclusion of the hearing, a copy of the Board |
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1 | | or hearing officer's report shall be served upon the applicant |
2 | | or licensee by the Department, either personally or as provided |
3 | | in this Act for the service of a notice of hearing. Within 20 |
4 | | calendar days after service, the applicant or licensee may |
5 | | present to the Department a motion in writing for a rehearing, |
6 | | which shall specify the particular grounds for rehearing. The |
7 | | Department may respond to the motion for rehearing within 20 |
8 | | calendar days after its service on the Department. If no motion |
9 | | for rehearing is filed, then upon the expiration of the time |
10 | | specified for filing such a motion, or upon denial of a motion |
11 | | for rehearing, the Secretary may enter an order in accordance |
12 | | with the recommendations of the Board or hearing officer. If |
13 | | the applicant or licensee orders from the reporting service and |
14 | | pays for a transcript of the record within the time for filing |
15 | | a motion for rehearing, the 20-day period within which a motion |
16 | | may be filed shall commence upon the delivery of the transcript |
17 | | to the applicant or licensee. |
18 | | (c) Whenever the Secretary is not satisfied that |
19 | | substantial justice has been done, the Secretary may order a |
20 | | rehearing by the same or another hearing officer. |
21 | | (d) All proceedings under this Section are matters of |
22 | | public record and shall be preserved. |
23 | | (e) The dealer or dealership may continue to operate as a |
24 | | dealer or dealership during the course of an investigation or |
25 | | hearing, unless the Secretary finds that the public interest, |
26 | | safety, or welfare requires an emergency action. |
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1 | | (f) Upon the suspension or revocation of a license, the |
2 | | licensee shall surrender the license to the Department and, |
3 | | upon failure to do so, the Department shall seize the same. |
4 | | Section 115. Disposition by consent order. At any point in |
5 | | any investigation or disciplinary proceeding provided for in |
6 | | the Act, both parties may agree to a negotiated consent order. |
7 | | The consent order shall be final upon signature of the |
8 | | Secretary. |
9 | | Section 120. Restoration of license after disciplinary |
10 | | proceedings. At any time after the successful completion of a |
11 | | term of indefinite probation, indefinite suspension, or |
12 | | revocation of a license, the Department may restore it to the |
13 | | licensee, unless, after an investigation and a hearing, the |
14 | | Secretary determines that restoration is not in the public |
15 | | interest. No person or entity whose license, card, or authority |
16 | | has been revoked as authorized in this Act may apply for |
17 | | restoration of that license, registration, or authority until |
18 | | such time as provided for in the Civil Administrative Code of |
19 | | Illinois. |
20 | | Section 125. Injunction; cease and desist orders. |
21 | | (a) Upon the filing of a verified petition in court, if |
22 | | satisfied by affidavit or otherwise that the person, firm, |
23 | | corporation, or other legal entity is or has been conducting |
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1 | | activities in violation of this Act, the court may enter a |
2 | | temporary restraining order or preliminary injunction, without |
3 | | bond, enjoining the defendant from further activity. A copy of |
4 | | the verified complaint shall be served upon the defendant and |
5 | | the proceedings shall be conducted as in civil cases. If it is |
6 | | established the defendant has been or is conducting activities |
7 | | in violation of this Act, the court may enter a judgment |
8 | | enjoining the defendant from that activity. In case of |
9 | | violation of any injunctive order or judgment entered under |
10 | | this Section, the court may punish the offender for contempt of |
11 | | court. Injunctive proceedings shall be in addition to all other |
12 | | penalties under this Act. |
13 | | (b) If any person has engaged in the business of selling, |
14 | | leasing, or otherwise transferring firearms without having a |
15 | | valid license under this Act, then any licensee, any interested |
16 | | party, or any person injured thereby may, in addition to the |
17 | | Secretary, petition for relief as provided in subsection (a) of |
18 | | this Section. |
19 | | (c) Whenever the Department has reason to believe a person, |
20 | | firm, corporation, or other legal entity has violated any |
21 | | provision of this Act, the Department may issue a rule to show |
22 | | cause why an order to cease and desist should not be entered |
23 | | against that person, firm, corporation, or other legal entity. |
24 | | The rule shall clearly set forth the grounds relied upon by the |
25 | | Department and shall provide a period of 7 days from the date |
26 | | of the rule to file an answer to the satisfaction of the |
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1 | | Department. Failure to answer to the satisfaction of the |
2 | | Department shall cause an order to cease and desist to be |
3 | | issued immediately. |
4 | | Section 130. Administrative review. All final |
5 | | administrative decisions of the Department are subject to |
6 | | judicial review under Article III of the Code of Civil |
7 | | Procedure. The term "administrative decision" is defined as in |
8 | | Section 3-101 of the Code of Civil Procedure. The proceedings |
9 | | for judicial review shall be commenced in the circuit court of |
10 | | the county in which the party applying for review resides; but |
11 | | if the party is not a resident of this State, the venue shall |
12 | | be in Sangamon County. The Department shall not be required to |
13 | | certify any record to the court or file any answer in court or |
14 | | otherwise appear in any court in a judicial review proceeding, |
15 | | unless and until the Department has received from the plaintiff |
16 | | payment of the costs of furnishing and certifying the record, |
17 | | which costs shall be determined by the Department. Exhibits |
18 | | shall be certified without cost. Failure on the part of the |
19 | | applicant or licensee to file a receipt in court is grounds for |
20 | | dismissal of the action. |
21 | | Section 135. Prima facie proof. |
22 | | (a) An order or a certified copy thereof, over the seal of |
23 | | the Department and purporting to be signed by the Secretary, is |
24 | | prima facie proof that the signature is that of the Secretary, |
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1 | | and the Secretary is qualified to act. |
2 | | (b) A certified copy of a record of the Department shall, |
3 | | without further proof, be admitted into evidence in any legal |
4 | | proceeding, and shall be prima facie correct and prima facie |
5 | | evidence of the information contained therein. |
6 | | Section 140. Subpoenas. |
7 | | (a) The Department may subpoena and bring before it any |
8 | | person to take the oral or written testimony or compel the |
9 | | production of any books, papers, records, or any other |
10 | | documents that the Secretary or his or her designee deems |
11 | | relevant or material to any such investigation or hearing |
12 | | conducted by the Department with the same fees and in the same |
13 | | manner as prescribed in civil cases in the courts of this |
14 | | State. |
15 | | (b) Any circuit court, upon the application of the |
16 | | applicant, licensee, or Department, may order the attendance |
17 | | and testimony of witnesses and the production of relevant |
18 | | documents, files, records, books, and papers in connection with |
19 | | any hearing or investigation. The circuit court may compel |
20 | | obedience to its order by proceedings for contempt. |
21 | | (c) The Secretary, the hearing officer, any member of the |
22 | | Board, or a certified shorthand court reporter may administer |
23 | | oaths at any hearing the Department conducts. Notwithstanding |
24 | | any other statute or Department rule to the contrary, all |
25 | | requests for testimony, production of documents or records |
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1 | | shall be in accordance with this Act. |
2 | | Section 145. Stenographers. The Department, at its |
3 | | expense, shall preserve the record of all proceedings at a |
4 | | formal hearing of any case. The notice of hearing, complaint, |
5 | | all other documents in the nature of pleadings and written |
6 | | motions filed in the proceedings, the transcript of testimony, |
7 | | the report of the Board and orders of the Department shall be |
8 | | in the record of the proceedings. |
9 | | Section 150. Fees; deposit of fees and fines. The |
10 | | Department shall by rule provide for fees for the |
11 | | administration and enforcement of this Act, and those fees are |
12 | | nonrefundable. All of the fees, penalties, and fines collected |
13 | | under this Act shall be deposited into the General Professions |
14 | | Dedicated Fund and shall be appropriated to the Department for |
15 | | the ordinary and contingent expenses of the Department in the |
16 | | administration and enforcement of this Act. |
17 | | Section 155. Illinois Administrative Procedure Act; |
18 | | application. |
19 | | (a) All rules required under this Act shall be adopted in |
20 | | accordance with Article 5 of the Illinois Administrative |
21 | | Procedure Act. |
22 | | (b) Article 10 of the Illinois Administrative Procedure Act |
23 | | is expressly adopted and incorporated in this Act as if all of |
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1 | | the provisions of that Article were included in this Act, |
2 | | except that the provision of paragraph (d) of Section 10-65 of |
3 | | the Illinois Administrative Procedure Act, which provides that |
4 | | at hearings the registrant or licensee has the right to show |
5 | | compliance with all lawful requirements for retention or |
6 | | continuation or renewal of the license, is specifically |
7 | | excluded. For the purpose of this Act, the notice required |
8 | | under Section 10-25 of the Illinois Administrative Procedure |
9 | | Act is considered sufficient when mailed to the address of |
10 | | record of a party. |
11 | | Section 160. Confidentiality. All information collected by |
12 | | the Department in the course of an examination or investigation |
13 | | of a licensee or applicant, including, but not limited to, any |
14 | | complaint against a licensee filed with the Department and |
15 | | information collected to investigate any such complaint, shall |
16 | | be maintained for the confidential use of the Department and |
17 | | shall not be disclosed. The Department shall not disclose the |
18 | | information to anyone other than law enforcement officials, |
19 | | regulatory agencies that have an appropriate regulatory |
20 | | interest as determined by the Secretary, or a party presenting |
21 | | a lawful subpoena to the Department. Information and documents |
22 | | disclosed to a federal, State, county, or local law enforcement |
23 | | agency shall not be disclosed by the agency for any purpose to |
24 | | any other agency or person. A formal complaint filed against a |
25 | | licensee by the Department or any order issued by the |
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1 | | Department against a licensee or applicant shall be a public |
2 | | record, except as otherwise prohibited by law.
|
3 | | Section 165. Rules. The Department shall adopt rules |
4 | | necessary to implement the provisions of this Act no later than |
5 | | 180 days after the effective date of this Act. The Department |
6 | | may adopt rules necessary to implement the provisions of this |
7 | | Act through the use of emergency rulemaking in accordance with |
8 | | Section 5-45 of the Illinois Administrative Procedure Act for a |
9 | | period not to exceed 180 days after the effective date of this |
10 | | Act. |
11 | | Section 900. The Regulatory Sunset Act is amended by adding |
12 | | Section 4.38 as follows: |
13 | | (5 ILCS 80/4.38 new) |
14 | | Sec. 4.38. Act repealed on January 1, 2028. The following |
15 | | Act is repealed on January 1, 2028: |
16 | | The Gun Dealer Licensing Act. |
17 | | Section 905. The Illinois Administrative Procedure Act is |
18 | | amended by changing Section 5-45 as follows: |
19 | | (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) |
20 | | (Text of Section after amendment by P.A. 99-906 ) |
21 | | Sec. 5-45. Emergency rulemaking. |
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1 | | (a) "Emergency" means the existence of any situation that |
2 | | any agency
finds reasonably constitutes a threat to the public |
3 | | interest, safety, or
welfare. |
4 | | (b) If any agency finds that an
emergency exists that |
5 | | requires adoption of a rule upon fewer days than
is required by |
6 | | Section 5-40 and states in writing its reasons for that
|
7 | | finding, the agency may adopt an emergency rule without prior |
8 | | notice or
hearing upon filing a notice of emergency rulemaking |
9 | | with the Secretary of
State under Section 5-70. The notice |
10 | | shall include the text of the
emergency rule and shall be |
11 | | published in the Illinois Register. Consent
orders or other |
12 | | court orders adopting settlements negotiated by an agency
may |
13 | | be adopted under this Section. Subject to applicable |
14 | | constitutional or
statutory provisions, an emergency rule |
15 | | becomes effective immediately upon
filing under Section 5-65 or |
16 | | at a stated date less than 10 days
thereafter. The agency's |
17 | | finding and a statement of the specific reasons
for the finding |
18 | | shall be filed with the rule. The agency shall take
reasonable |
19 | | and appropriate measures to make emergency rules known to the
|
20 | | persons who may be affected by them. |
21 | | (c) An emergency rule may be effective for a period of not |
22 | | longer than
150 days, but the agency's authority to adopt an |
23 | | identical rule under Section
5-40 is not precluded. No |
24 | | emergency rule may be adopted more
than once in any 24-month |
25 | | period, except that this limitation on the number
of emergency |
26 | | rules that may be adopted in a 24-month period does not apply
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1 | | to (i) emergency rules that make additions to and deletions |
2 | | from the Drug
Manual under Section 5-5.16 of the Illinois |
3 | | Public Aid Code or the
generic drug formulary under Section |
4 | | 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) |
5 | | emergency rules adopted by the Pollution Control
Board before |
6 | | July 1, 1997 to implement portions of the Livestock Management
|
7 | | Facilities Act, (iii) emergency rules adopted by the Illinois |
8 | | Department of Public Health under subsections (a) through (i) |
9 | | of Section 2 of the Department of Public Health Act when |
10 | | necessary to protect the public's health, (iv) emergency rules |
11 | | adopted pursuant to subsection (n) of this Section, (v) |
12 | | emergency rules adopted pursuant to subsection (o) of this |
13 | | Section, or (vi) emergency rules adopted pursuant to subsection |
14 | | (c-5) of this Section. Two or more emergency rules having |
15 | | substantially the same
purpose and effect shall be deemed to be |
16 | | a single rule for purposes of this
Section. |
17 | | (c-5) To facilitate the maintenance of the program of group |
18 | | health benefits provided to annuitants, survivors, and retired |
19 | | employees under the State Employees Group Insurance Act of |
20 | | 1971, rules to alter the contributions to be paid by the State, |
21 | | annuitants, survivors, retired employees, or any combination |
22 | | of those entities, for that program of group health benefits, |
23 | | shall be adopted as emergency rules. The adoption of those |
24 | | rules shall be considered an emergency and necessary for the |
25 | | public interest, safety, and welfare. |
26 | | (d) In order to provide for the expeditious and timely |
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1 | | implementation
of the State's fiscal year 1999 budget, |
2 | | emergency rules to implement any
provision of Public Act 90-587 |
3 | | or 90-588
or any other budget initiative for fiscal year 1999 |
4 | | may be adopted in
accordance with this Section by the agency |
5 | | charged with administering that
provision or initiative, |
6 | | except that the 24-month limitation on the adoption
of |
7 | | emergency rules and the provisions of Sections 5-115 and 5-125 |
8 | | do not apply
to rules adopted under this subsection (d). The |
9 | | adoption of emergency rules
authorized by this subsection (d) |
10 | | shall be deemed to be necessary for the
public interest, |
11 | | safety, and welfare. |
12 | | (e) In order to provide for the expeditious and timely |
13 | | implementation
of the State's fiscal year 2000 budget, |
14 | | emergency rules to implement any
provision of Public Act 91-24
|
15 | | or any other budget initiative for fiscal year 2000 may be |
16 | | adopted in
accordance with this Section by the agency charged |
17 | | with administering that
provision or initiative, except that |
18 | | the 24-month limitation on the adoption
of emergency rules and |
19 | | the provisions of Sections 5-115 and 5-125 do not apply
to |
20 | | rules adopted under this subsection (e). The adoption of |
21 | | emergency rules
authorized by this subsection (e) shall be |
22 | | deemed to be necessary for the
public interest, safety, and |
23 | | welfare. |
24 | | (f) In order to provide for the expeditious and timely |
25 | | implementation
of the State's fiscal year 2001 budget, |
26 | | emergency rules to implement any
provision of Public Act 91-712
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1 | | or any other budget initiative for fiscal year 2001 may be |
2 | | adopted in
accordance with this Section by the agency charged |
3 | | with administering that
provision or initiative, except that |
4 | | the 24-month limitation on the adoption
of emergency rules and |
5 | | the provisions of Sections 5-115 and 5-125 do not apply
to |
6 | | rules adopted under this subsection (f). The adoption of |
7 | | emergency rules
authorized by this subsection (f) shall be |
8 | | deemed to be necessary for the
public interest, safety, and |
9 | | welfare. |
10 | | (g) In order to provide for the expeditious and timely |
11 | | implementation
of the State's fiscal year 2002 budget, |
12 | | emergency rules to implement any
provision of Public Act 92-10
|
13 | | or any other budget initiative for fiscal year 2002 may be |
14 | | adopted in
accordance with this Section by the agency charged |
15 | | with administering that
provision or initiative, except that |
16 | | the 24-month limitation on the adoption
of emergency rules and |
17 | | the provisions of Sections 5-115 and 5-125 do not apply
to |
18 | | rules adopted under this subsection (g). The adoption of |
19 | | emergency rules
authorized by this subsection (g) shall be |
20 | | deemed to be necessary for the
public interest, safety, and |
21 | | welfare. |
22 | | (h) In order to provide for the expeditious and timely |
23 | | implementation
of the State's fiscal year 2003 budget, |
24 | | emergency rules to implement any
provision of Public Act 92-597
|
25 | | or any other budget initiative for fiscal year 2003 may be |
26 | | adopted in
accordance with this Section by the agency charged |
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1 | | with administering that
provision or initiative, except that |
2 | | the 24-month limitation on the adoption
of emergency rules and |
3 | | the provisions of Sections 5-115 and 5-125 do not apply
to |
4 | | rules adopted under this subsection (h). The adoption of |
5 | | emergency rules
authorized by this subsection (h) shall be |
6 | | deemed to be necessary for the
public interest, safety, and |
7 | | welfare. |
8 | | (i) In order to provide for the expeditious and timely |
9 | | implementation
of the State's fiscal year 2004 budget, |
10 | | emergency rules to implement any
provision of Public Act 93-20
|
11 | | or any other budget initiative for fiscal year 2004 may be |
12 | | adopted in
accordance with this Section by the agency charged |
13 | | with administering that
provision or initiative, except that |
14 | | the 24-month limitation on the adoption
of emergency rules and |
15 | | the provisions of Sections 5-115 and 5-125 do not apply
to |
16 | | rules adopted under this subsection (i). The adoption of |
17 | | emergency rules
authorized by this subsection (i) shall be |
18 | | deemed to be necessary for the
public interest, safety, and |
19 | | welfare. |
20 | | (j) In order to provide for the expeditious and timely |
21 | | implementation of the provisions of the State's fiscal year |
22 | | 2005 budget as provided under the Fiscal Year 2005 Budget |
23 | | Implementation (Human Services) Act, emergency rules to |
24 | | implement any provision of the Fiscal Year 2005 Budget |
25 | | Implementation (Human Services) Act may be adopted in |
26 | | accordance with this Section by the agency charged with |
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1 | | administering that provision, except that the 24-month |
2 | | limitation on the adoption of emergency rules and the |
3 | | provisions of Sections 5-115 and 5-125 do not apply to rules |
4 | | adopted under this subsection (j). The Department of Public Aid |
5 | | may also adopt rules under this subsection (j) necessary to |
6 | | administer the Illinois Public Aid Code and the Children's |
7 | | Health Insurance Program Act. The adoption of emergency rules |
8 | | authorized by this subsection (j) shall be deemed to be |
9 | | necessary for the public interest, safety, and welfare.
|
10 | | (k) In order to provide for the expeditious and timely |
11 | | implementation of the provisions of the State's fiscal year |
12 | | 2006 budget, emergency rules to implement any provision of |
13 | | Public Act 94-48 or any other budget initiative for fiscal year |
14 | | 2006 may be adopted in accordance with this Section by the |
15 | | agency charged with administering that provision or |
16 | | initiative, except that the 24-month limitation on the adoption |
17 | | of emergency rules and the provisions of Sections 5-115 and |
18 | | 5-125 do not apply to rules adopted under this subsection (k). |
19 | | The Department of Healthcare and Family Services may also adopt |
20 | | rules under this subsection (k) necessary to administer the |
21 | | Illinois Public Aid Code, the Senior Citizens and Persons with |
22 | | Disabilities Property Tax Relief Act, the Senior Citizens and |
23 | | Disabled Persons Prescription Drug Discount Program Act (now |
24 | | the Illinois Prescription Drug Discount Program Act), and the |
25 | | Children's Health Insurance Program Act. The adoption of |
26 | | emergency rules authorized by this subsection (k) shall be |
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1 | | deemed to be necessary for the public interest, safety, and |
2 | | welfare.
|
3 | | (l) In order to provide for the expeditious and timely |
4 | | implementation of the provisions of the
State's fiscal year |
5 | | 2007 budget, the Department of Healthcare and Family Services |
6 | | may adopt emergency rules during fiscal year 2007, including |
7 | | rules effective July 1, 2007, in
accordance with this |
8 | | subsection to the extent necessary to administer the |
9 | | Department's responsibilities with respect to amendments to |
10 | | the State plans and Illinois waivers approved by the federal |
11 | | Centers for Medicare and Medicaid Services necessitated by the |
12 | | requirements of Title XIX and Title XXI of the federal Social |
13 | | Security Act. The adoption of emergency rules
authorized by |
14 | | this subsection (l) shall be deemed to be necessary for the |
15 | | public interest,
safety, and welfare.
|
16 | | (m) In order to provide for the expeditious and timely |
17 | | implementation of the provisions of the
State's fiscal year |
18 | | 2008 budget, the Department of Healthcare and Family Services |
19 | | may adopt emergency rules during fiscal year 2008, including |
20 | | rules effective July 1, 2008, in
accordance with this |
21 | | subsection to the extent necessary to administer the |
22 | | Department's responsibilities with respect to amendments to |
23 | | the State plans and Illinois waivers approved by the federal |
24 | | Centers for Medicare and Medicaid Services necessitated by the |
25 | | requirements of Title XIX and Title XXI of the federal Social |
26 | | Security Act. The adoption of emergency rules
authorized by |
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1 | | this subsection (m) shall be deemed to be necessary for the |
2 | | public interest,
safety, and welfare.
|
3 | | (n) In order to provide for the expeditious and timely |
4 | | implementation of the provisions of the State's fiscal year |
5 | | 2010 budget, emergency rules to implement any provision of |
6 | | Public Act 96-45 or any other budget initiative authorized by |
7 | | the 96th General Assembly for fiscal year 2010 may be adopted |
8 | | in accordance with this Section by the agency charged with |
9 | | administering that provision or initiative. The adoption of |
10 | | emergency rules authorized by this subsection (n) shall be |
11 | | deemed to be necessary for the public interest, safety, and |
12 | | welfare. The rulemaking authority granted in this subsection |
13 | | (n) shall apply only to rules promulgated during Fiscal Year |
14 | | 2010. |
15 | | (o) In order to provide for the expeditious and timely |
16 | | implementation of the provisions of the State's fiscal year |
17 | | 2011 budget, emergency rules to implement any provision of |
18 | | Public Act 96-958 or any other budget initiative authorized by |
19 | | the 96th General Assembly for fiscal year 2011 may be adopted |
20 | | in accordance with this Section by the agency charged with |
21 | | administering that provision or initiative. The adoption of |
22 | | emergency rules authorized by this subsection (o) is deemed to |
23 | | be necessary for the public interest, safety, and welfare. The |
24 | | rulemaking authority granted in this subsection (o) applies |
25 | | only to rules promulgated on or after July 1, 2010 (the |
26 | | effective date of Public Act 96-958) through June 30, 2011. |
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1 | | (p) In order to provide for the expeditious and timely |
2 | | implementation of the provisions of Public Act 97-689, |
3 | | emergency rules to implement any provision of Public Act 97-689 |
4 | | may be adopted in accordance with this subsection (p) by the |
5 | | agency charged with administering that provision or |
6 | | initiative. The 150-day limitation of the effective period of |
7 | | emergency rules does not apply to rules adopted under this |
8 | | subsection (p), and the effective period may continue through |
9 | | June 30, 2013. The 24-month limitation on the adoption of |
10 | | emergency rules does not apply to rules adopted under this |
11 | | subsection (p). The adoption of emergency rules authorized by |
12 | | this subsection (p) is deemed to be necessary for the public |
13 | | interest, safety, and welfare. |
14 | | (q) In order to provide for the expeditious and timely |
15 | | implementation of the provisions of Articles 7, 8, 9, 11, and |
16 | | 12 of Public Act 98-104, emergency rules to implement any |
17 | | provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 |
18 | | may be adopted in accordance with this subsection (q) by the |
19 | | agency charged with administering that provision or |
20 | | initiative. The 24-month limitation on the adoption of |
21 | | emergency rules does not apply to rules adopted under this |
22 | | subsection (q). The adoption of emergency rules authorized by |
23 | | this subsection (q) is deemed to be necessary for the public |
24 | | interest, safety, and welfare. |
25 | | (r) In order to provide for the expeditious and timely |
26 | | implementation of the provisions of Public Act 98-651, |
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1 | | emergency rules to implement Public Act 98-651 may be adopted |
2 | | in accordance with this subsection (r) by the Department of |
3 | | Healthcare and Family Services. The 24-month limitation on the |
4 | | adoption of emergency rules does not apply to rules adopted |
5 | | under this subsection (r). The adoption of emergency rules |
6 | | authorized by this subsection (r) is deemed to be necessary for |
7 | | the public interest, safety, and welfare. |
8 | | (s) In order to provide for the expeditious and timely |
9 | | implementation of the provisions of Sections 5-5b.1 and 5A-2 of |
10 | | the Illinois Public Aid Code, emergency rules to implement any |
11 | | provision of Section 5-5b.1 or Section 5A-2 of the Illinois |
12 | | Public Aid Code may be adopted in accordance with this |
13 | | subsection (s) by the Department of Healthcare and Family |
14 | | Services. The rulemaking authority granted in this subsection |
15 | | (s) shall apply only to those rules adopted prior to July 1, |
16 | | 2015. Notwithstanding any other provision of this Section, any |
17 | | emergency rule adopted under this subsection (s) shall only |
18 | | apply to payments made for State fiscal year 2015. The adoption |
19 | | of emergency rules authorized by this subsection (s) is deemed |
20 | | to be necessary for the public interest, safety, and welfare. |
21 | | (t) In order to provide for the expeditious and timely |
22 | | implementation of the provisions of Article II of Public Act |
23 | | 99-6, emergency rules to implement the changes made by Article |
24 | | II of Public Act 99-6 to the Emergency Telephone System Act may |
25 | | be adopted in accordance with this subsection (t) by the |
26 | | Department of State Police. The rulemaking authority granted in |
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1 | | this subsection (t) shall apply only to those rules adopted |
2 | | prior to July 1, 2016. The 24-month limitation on the adoption |
3 | | of emergency rules does not apply to rules adopted under this |
4 | | subsection (t). The adoption of emergency rules authorized by |
5 | | this subsection (t) is deemed to be necessary for the public |
6 | | interest, safety, and welfare. |
7 | | (u) In order to provide for the expeditious and timely |
8 | | implementation of the provisions of the Burn Victims Relief |
9 | | Act, emergency rules to implement any provision of the Act may |
10 | | be adopted in accordance with this subsection (u) by the |
11 | | Department of Insurance. The rulemaking authority granted in |
12 | | this subsection (u) shall apply only to those rules adopted |
13 | | prior to December 31, 2015. The adoption of emergency rules |
14 | | authorized by this subsection (u) is deemed to be necessary for |
15 | | the public interest, safety, and welfare. |
16 | | (v) In order to provide for the expeditious and timely |
17 | | implementation of the provisions of Public Act 99-516, |
18 | | emergency rules to implement Public Act 99-516 may be adopted |
19 | | in accordance with this subsection (v) by the Department of |
20 | | Healthcare and Family Services. The 24-month limitation on the |
21 | | adoption of emergency rules does not apply to rules adopted |
22 | | under this subsection (v). The adoption of emergency rules |
23 | | authorized by this subsection (v) is deemed to be necessary for |
24 | | the public interest, safety, and welfare. |
25 | | (w) In order to provide for the expeditious and timely |
26 | | implementation of the provisions of Public Act 99-796, |
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1 | | emergency rules to implement the changes made by Public Act |
2 | | 99-796 may be adopted in accordance with this subsection (w) by |
3 | | the Adjutant General. The adoption of emergency rules |
4 | | authorized by this subsection (w) is deemed to be necessary for |
5 | | the public interest, safety, and welfare. |
6 | | (x) In order to provide for the expeditious and timely |
7 | | implementation of the provisions of Public Act 99-906 this |
8 | | amendatory Act of the 99th General Assembly , emergency rules to |
9 | | implement subsection (i) of Section 16-115D, subsection (g) of |
10 | | Section 16-128A, and subsection (a) of Section 16-128B of the |
11 | | Public Utilities Act may be adopted in accordance with this |
12 | | subsection (x) by the Illinois Commerce Commission. The |
13 | | rulemaking authority granted in this subsection (x) shall apply |
14 | | only to those rules adopted within 180 days after June 1, 2017 |
15 | | ( the effective date of Public Act 99-906) this amendatory Act |
16 | | of the 99th General Assembly . The adoption of emergency rules |
17 | | authorized by this subsection (x) is deemed to be necessary for |
18 | | the public interest, safety, and welfare. |
19 | | (y) In order to provide for the expeditious and timely |
20 | | implementation of the provisions of the Gun Dealer Licensing |
21 | | Act, emergency rules to implement any provision of the Act may |
22 | | be adopted in accordance with this subsection (y) by the |
23 | | Department of Financial and Professional Regulation. The |
24 | | rulemaking authority granted in this subsection (y) shall apply |
25 | | only to those rules adopted no later than one year after the |
26 | | effective date of this amendatory Act of the 100th General |
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1 | | Assembly. The adoption of emergency rules authorized by this |
2 | | subsection (y) is deemed to be necessary for the public |
3 | | interest, safety, and welfare. |
4 | | (Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13; |
5 | | 98-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; |
6 | | 99-143, eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff. |
7 | | 6-30-16; 99-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906, |
8 | | eff. 6-1-17; revised 1-1-17.) |