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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1760 Introduced 2/15/2013, by Sen. Dale A. Righter SYNOPSIS AS INTRODUCED:
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430 ILCS 65/5 | from Ch. 38, par. 83-5 |
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Amends the Firearm Owners Identification Card Act. Provides that if the Department of State Police fails to either approve or deny an application for a Firearm Owner's Identification Card within 30 days from the date it is received, the applicant may file, in the circuit court of the judicial circuit in which the applicant resides, a complaint for mandamus to compel a decision on the application. Provides that if the applicant prevails, he or she shall be entitled to all costs, fees, and damages. Provides that the applicant shall also be entitled to punitive damages of $1,000 per day commencing on the 31st day that the application has not been approved. Provides that for the purposes of this Act, the Department shall be considered to have received an application when either the Department or anyone acting as its agent or on its behalf receives a completed application with the required fee.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | SB1760 | | LRB098 09849 RLC 40005 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 Owners Identification Card Act is |
| 5 | | amended by changing Section 5 as follows:
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| 6 | | (430 ILCS 65/5) (from Ch. 38, par. 83-5)
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| 7 | | Sec. 5. |
| 8 | | (a) The Department of State Police shall either approve or
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| 9 | | deny all applications within 30 days from the date they are |
| 10 | | received,
and every applicant found qualified pursuant to |
| 11 | | Section 8 of this Act by
the Department shall be entitled to a |
| 12 | | Firearm Owner's Identification
Card upon the payment of a $10 |
| 13 | | fee. Any applicant who is an active duty member of the Armed |
| 14 | | Forces of the United States, a member of the Illinois National |
| 15 | | Guard, or a member of the Reserve Forces of the United States |
| 16 | | is exempt from the application fee. $6 of each fee derived from |
| 17 | | the
issuance of Firearm Owner's Identification Cards, or |
| 18 | | renewals thereof,
shall be deposited in the Wildlife and Fish |
| 19 | | Fund in the State Treasury;
$1 of such fee shall be deposited |
| 20 | | in the State Police Services Fund and $3 of such fee shall be |
| 21 | | deposited in the
Firearm Owner's Notification Fund. Monies in |
| 22 | | the Firearm Owner's
Notification Fund shall be used exclusively |
| 23 | | to pay for the cost of sending
notices of expiration of Firearm |