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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4686 Introduced , by Rep. Ed Sullivan, Jr. SYNOPSIS AS INTRODUCED:
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Amends the Firearm Concealed Carry Act. Provides that if a person files a complaint in circuit court alleging that a unit of local government has violated State preemption under the Act by adopting an ordinance or resolution restricting a licensee or business under the Act and the court finds that the allegations in the complaint are true, the court shall order that the unit of local government pay plaintiff's court costs, attorney's fees, actual damages, and at least $1,000 per day per violation in punitive damages from the time of the filing of the complaint as the court deems appropriate. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | HB4686 | | LRB098 19286 RLC 54438 b |
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| 1 | | AN ACT concerning safety.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Firearm Concealed Carry Act is amended by |
| 5 | | changing Section 90 as follows:
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| 6 | | (430 ILCS 66/90)
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| 7 | | Sec. 90. Preemption. |
| 8 | | (a) The regulation, licensing, possession, registration, |
| 9 | | and transportation of handguns and ammunition for handguns by |
| 10 | | licensees are exclusive powers and functions of the State. Any |
| 11 | | ordinance or regulation, or portion thereof, enacted on or |
| 12 | | before the effective date of this Act that purports to impose |
| 13 | | regulations or restrictions on licensees or handguns and |
| 14 | | ammunition for handguns in a manner inconsistent with this Act |
| 15 | | shall be invalid in its application to licensees under this Act |
| 16 | | on the effective date of this Act. This Section is a denial and |
| 17 | | limitation of home rule powers and functions under subsection |
| 18 | | (h) of Section 6 of Article VII of the Illinois Constitution.
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| 19 | | (b) If a person files a complaint in circuit court alleging |
| 20 | | that a unit of local government has violated this Section by |
| 21 | | adopting an ordinance or resolution restricting a licensee or |
| 22 | | business under this Act and the court finds that the |
| 23 | | allegations in the complaint are true, the court shall order |