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Full Text of SB1423  100th General Assembly

SB1423 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1423

 

Introduced 2/9/2017, by Sen. Jim Oberweis

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/13.1  from Ch. 38, par. 83-13.1

    Amends the Firearm Owners Identification Card Act. Provides that a unit of local government, including a home rule unit, may not impose a tax, fee, on a firearm, firearm attachment, or firearm ammunition or other assessment other than the normal sales tax rate for goods. Provides that the provisions of any ordinance or resolution enacted before, on, or after the effective date of the bill by any municipal or county government that imposes a tax, fee, or other assessment other than the normal sales tax rate for goods on a firearm, firearm attachment, or firearm ammunition are invalid and all those existing ordinances and resolutions are void. Defines "sales tax". Effective immediately.


LRB100 09803 SLF 19973 b

FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1423LRB100 09803 SLF 19973 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Owners Identification Card Act is
5amended by changing Section 13.1 as follows:
 
6    (430 ILCS 65/13.1)  (from Ch. 38, par. 83-13.1)
7    Sec. 13.1. Preemption.
8    (a) Except as otherwise provided in the Firearm Concealed
9Carry Act and subsections (b) and (c) of this Section, the
10provisions of any ordinance enacted by any municipality which
11requires registration or imposes greater restrictions or
12limitations on the acquisition, possession and transfer of
13firearms than are imposed by this Act, are not invalidated or
14affected by this Act.
15    (b) Notwithstanding subsection (a) of this Section, the
16regulation, licensing, possession, and registration of
17handguns and ammunition for a handgun, and the transportation
18of any firearm and ammunition by a holder of a valid Firearm
19Owner's Identification Card issued by the Department of State
20Police under this Act are exclusive powers and functions of
21this State. Any ordinance or regulation, or portion of that
22ordinance or regulation, enacted on or before the effective
23date of this amendatory Act of the 98th General Assembly that

 

 

SB1423- 2 -LRB100 09803 SLF 19973 b

1purports to impose regulations or restrictions on a holder of a
2valid Firearm Owner's Identification Card issued by the
3Department of State Police under this Act in a manner that is
4inconsistent with this Act, on the effective date of this
5amendatory Act of the 98th General Assembly, shall be invalid
6in its application to a holder of a valid Firearm Owner's
7Identification Card issued by the Department of State Police
8under this Act.
9    (c) Notwithstanding subsection (a) of this Section, the
10regulation of the possession or ownership of assault weapons
11are exclusive powers and functions of this State. Any ordinance
12or regulation, or portion of that ordinance or regulation, that
13purports to regulate the possession or ownership of assault
14weapons in a manner that is inconsistent with this Act, shall
15be invalid unless the ordinance or regulation is enacted on,
16before, or within 10 days after the effective date of this
17amendatory Act of the 98th General Assembly. Any ordinance or
18regulation described in this subsection (c) enacted more than
1910 days after the effective date of this amendatory Act of the
2098th General Assembly is invalid. An ordinance enacted on,
21before, or within 10 days after the effective date of this
22amendatory Act of the 98th General Assembly may be amended. The
23enactment or amendment of ordinances under this subsection (c)
24are subject to the submission requirements of Section 13.3. For
25the purposes of this subsection, "assault weapons" means
26firearms designated by either make or model or by a test or

 

 

SB1423- 3 -LRB100 09803 SLF 19973 b

1list of cosmetic features that cumulatively would place the
2firearm into a definition of "assault weapon" under the
3ordinance.
4    (c-5) A unit of local government, including a home rule
5unit, may not impose a tax, fee, or other assessment on a
6firearm, firearm attachment, or firearm ammunition, other than
7the normal sales tax rate for those goods. The provisions of
8any ordinance or resolution enacted before, on, or after the
9effective date of this amendatory Act of the 100th General
10Assembly by a municipal or county government that imposes a
11tax, fee, or other assessment other than the normal sales tax
12rate for goods on a firearm, firearm attachment, or firearm
13ammunition prohibited by this subsection (c-5) are invalid and
14all those existing ordinances and resolutions are void.
15    (d) For the purposes of this Section:
16        "Handgun" , "handgun" has the meaning ascribed to it in
17    Section 5 of the Firearm Concealed Carry Act.
18        "Sales tax" means the tax levied under the Service
19    Occupation Tax Act or the Retailers' Occupation Tax Act.
20    "Sales tax" also means any local sales tax levied under the
21    Home Rule Municipal Retailers' Occupation Tax Act, the
22    Non-Home Rule Municipal Retailers' Occupation Tax Act, the
23    Non-Home Rule Municipal Service Occupation Tax Act, the
24    Home Rule Municipal Service Occupation Tax Act, or the Home
25    Rule County Retailers' Occupation Tax Law or any use tax
26    levied under the Use Tax Act or the Service Use Tax Act or

 

 

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1    any local use tax levied under the Home Rule Municipal Use
2    Tax Act.
3    (e) This Section is a denial and limitation of home rule
4powers and functions under subsection (h) of Section 6 of
5Article VII of the Illinois Constitution.
6(Source: P.A. 98-63, eff. 7-9-13.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.