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Full Text of SB1657  100th General Assembly

SB1657eng 100TH GENERAL ASSEMBLY

  
  
  

 


 
SB1657 EngrossedLRB100 08489 RLC 18608 b

1    AN ACT concerning firearms.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Gun
5Dealer Licensing Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Address of record" means the designated address recorded
8by the Department in the applicant's, dealer's or dealership
9agent's application file or license file as maintained by the
10Department's licensure maintenance unit. It is the duty of the
11applicant or dealer to inform the Department of any change of
12address, and those changes must be made either through the
13Department's website or by contacting the Department's
14licensure maintenance unit.
15    "Applicant" means any person who applies for a dealership
16license or dealer license, or the renewal of the dealership
17license or dealer license under this Act.
18    "Board" means the Gun Dealer Licensing Board.
19    "Collector" means as defined by 18 U.S.C. 921(a)(13) any
20person who acquires, holds, or disposes of firearms as curios
21or relics, as the United States Attorney General shall by
22regulation define. "Collector" includes the following type of
23Federal Firearms License: Type 03-collector of curios and

 

 

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1relics.
2    "Confidential or security information" means information
3which identifies the purchasers or other transferees of
4firearms from a dealer or dealership.
5    "Dealer" means any person engaged in the business of
6selling, leasing, or otherwise transferring firearms or any
7person within the meanings provided by 18 U.S.C. 921(a)(11) and
827 CFR 478.11 to include any person engaged in the business of
9selling firearms at wholesale or retail, or repairing firearms
10or making or fitting special barrels, stocks, or trigger
11mechanisms to firearms. "Dealer" includes the following
12Federal Firearms Licenses: Type 01-dealer in firearms other
13than destructive devices; Type 02-pawnbroker in firearms other
14than destructive devices; Type 09-dealer of destructive
15devices.
16    "Dealership" means a person, firm, corporation, or other
17legal entity that engages in the business of selling, leasing,
18or otherwise transferring firearms and employs, in addition to
19the gun dealer licensee-in-charge, at least one other
20dealership agent.
21    "Dealership agent" means an owner, officer, paid or unpaid
22agent, volunteer or employee of a licensed dealership who has
23access to or control of firearms in the inventory of the
24dealership or confidential or security information of the
25dealership.
26    "Dealership licensee-in-charge" or "licensee-in-charge"

 

 

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1means a dealer who has been designated by a dealership to be
2the licensee-in-charge of the dealership, who is a full-time
3management employee or owner who assumes sole responsibility
4for maintaining all records required by this Act, and who
5assumes sole responsibility for assuring the dealership's
6compliance with its responsibilities as stated in this Act. The
7Department shall adopt rules mandating licensee-in-charge
8participation in dealership affairs.
9    "Department" means the Department of Financial and
10Professional Regulation.
11    "Engaged in the business" means a person who, as provided
12in 18 U.S.C. 921(a)(21) and 27 CFR 478.11(a), devotes time,
13attention, and labor to engaging in such activity as a regular
14course of trade or business with the principal objective of
15livelihood and profit, or who:
16        (1) conducts a business selling, leasing, or
17    transferring firearms;
18        (2) holds himself or herself out as engaged in the
19    business of selling, leasing, or otherwise transferring
20    firearms; or
21        (3) sells, leases, or transfers firearms in quantity,
22    in series, or in any other manner indicative of trade.
23    "Firearm" has the same meaning as "firearm" in Section 1.1
24of the Firearm Owners Identification Card Act.
25    "Gunsmith" means, as defined in 27 CFR 478.11(d), any
26person who receives firearms (frames, receivers, or otherwise)

 

 

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1provided by a customer for the purpose of repairing, modifying,
2embellishing, refurbishing, or installing parts in or on those
3firearms. A gunsmith is not "engaged in the business" of
4manufacturing firearms because the firearms being produced are
5not owned by the gunsmith and he does not sell or distribute
6the firearms manufactured.
7    "Importer" means, as defined by 18 U.S.C. 921 (a)(9) and 18
8U.S.C. 921 (a)(21)(E), a person who devotes time, attention,
9and labor to importing firearms as a regular course of trade or
10business with the principal objective of livelihood and profit
11through the sale or distribution of the firearms imported.
12"Importer" shall include the following types of Federal
13Firearms Licenses: Type 08-importer of firearms other than
14destructive devices or ammunition for firearms other than
15destructive devices, or ammunition other than armor piercing
16ammunition; Type 11-importer of destructive devices,
17ammunition for destructive devices, or armor piercing
18ammunition.
19    "Licensee" means a dealer or a dealership licensed under
20this Act. Anyone who holds himself or herself out as a licensee
21or who is accused of unlicensed business is considered a
22licensee for purposes of enforcement, investigation, hearings,
23and the Illinois Administrative Procedure Act.
24    "Licensed collector" means any person licensed as a
25collector under 18 U.S.C. 923.
26    "Manufacturer" means, as defined by 18 U.S.C. 921 (a)(10)

 

 

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1and 27 CFR 478.11, any person engaged in the business of
2manufacturing firearms or ammunition for purposes of sale or
3distribution. "Manufacturer" includes the following types of
4Federal Firearms Licenses: Type 06-manufacturer of ammunition
5for firearms other than ammunition for destructive devices or
6armor piercing ammunition; Type 07-manufacturer of firearms
7other than destructive devices; Type 10-manufacturer of
8destructive devices, ammunition for destructive devices, or
9armor piercing ammunition.
10    "Person" means a natural person.
11    "Secretary" means the Secretary of Financial and
12Professional Regulation.
 
13    Section 10. License requirement.
14    (a) It is unlawful for a person to engage in the business
15of selling, leasing, or otherwise transferring firearms
16without a license under this Act. A dealership agent other than
17a dealer licensee-in-charge may act on behalf of the licensed
18dealership under Section 75 without being licensed as a dealer
19under this Act.
20    (b) It is unlawful for a person, firm, corporation, group
21of individuals, or other legal entity to act as a dealership
22licensed under this Act, to advertise, or to assume to act as a
23licensed dealership or to use a title implying that the person,
24firm, or other entity is engaged in business as a dealership
25without a license under this Act. An individual or sole

 

 

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1proprietor licensed as a dealer who operates without any
2dealership agents may act as a dealership without having to
3obtain a dealership license, provided the dealer notifies the
4Department that he or she is operating in this manner and
5provides the information required under Section 65, as
6determined to be applicable to the dealer by the Department.
7The dealer may operate under a "doing business as" or assumed
8name certification so long as the assumed name is first
9registered with the Department.
10    (b-5) A person licensed as an auctioneer under the Auction
11License Act may facilitate a transfer permitted under this Act
12without being registered as a dealer under this Act.
13    (c) No dealership shall operate a branch office without
14first applying for and receiving a branch office license for
15each location. The term "branch office" does not include a
16location at which the dealership conducts business
17temporarily, such as at a gun show.
18    (d) It is unlawful to obtain or attempt to obtain any
19license or authorization issued under this Act by fraudulent
20misrepresentation.
21    (e) A person who violates any provision of this Section is
22guilty of a Class A misdemeanor for a first violation, and a
23Class 4 felony for a second or subsequent violation.
24    (f) In addition to any other penalty provided by law, any
25person or entity who violates any provision of this Section
26shall pay a civil penalty to the Department in an amount not to

 

 

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1exceed $10,000 for each offense as determined by the
2Department. The civil penalty shall be assessed by the
3Department after a hearing is held in accordance with the
4provisions set forth in this Act regarding the provision of a
5hearing for the discipline of a licensee.
6    (g) The Department has the authority and power to
7investigate any and all unlicensed activity.
8    (h) The civil penalty shall be paid within 60 days after
9the effective date of the order imposing the civil penalty. The
10order shall constitute a judgment and may be filed and
11execution had thereon in the same manner as any judgment from
12any court of record.
 
13    Section 15. Exemptions. The provisions of this Act related
14to the licensure of dealers and dealerships do not apply to a
15person or other entity that engages in the following
16activities:
17    (1) transfers of less than 10 firearms within each calendar
18year;
19    (2) temporary transfers of firearms solely for use at the
20location or on the premises where the transfer takes place,
21such as transfers at a shooting range for use at that location;
22    (3) temporary transfers of firearms solely for use while in
23the presence of the transferor, such as transfers for the
24purposes of firearm safety training by a training instructor;
25    (4) transfers of firearms among immediate family or

 

 

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1household members, as "immediate family or household member" is
2defined in Section 3-2.7-10 of the Unified Code of Corrections;
3    (5) transfers by persons or entities acting under operation
4of law or a court order;
5    (6) transfers by persons or entities liquidating all or
6part of a collection. For purposes of this paragraph (6),
7"collection" means 2 or more firearms which are of special
8interest to collectors by reason of some quality other than is
9associated with firearms intended for sporting use or as
10offensive or defensive weapons;
11    (7) transfers of firearms that have been rendered
12permanently inoperable to a nonprofit historical society,
13museum, or institutional collection;
14    (8) transfers by a law enforcement or corrections agency or
15a law enforcement or corrections officer acting within the
16course and scope of his or her official duties;
17    (9) transfers by a person who has his or her Firearm
18Owner's Identification Card revoked to a State or local law
19enforcement agency;
20    (10) transfers of curios and relics, as defined under
21federal law, between collectors licensed under subsection (b)
22of Section 923 of the federal Gun Control Act of 1968;
23    (11) transfers by a manufacturer or importer; provided,
24that a dealer holding a Federal Firearms License Type 01-dealer
25in firearms other than destructive devices; Type 02-pawnbroker
26in firearms other than destructive devices; or Type 09-dealer

 

 

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1of destructive devices on April 1, 2017, is not exempt from
2this Act by obtaining a Manufacturer Federal Firearms License
3or Importer Federal Firearms License;
4    (12) transfers of pieces or parts of a firearm that do not
5themselves qualify as firearms under paragraph (3) of
6subsection (a) of Section 921 of the federal Gun Control Act of
71968 by a person who is actually engaged in manufacturing and
8selling those pieces or parts but only on the activities which
9are within the lawful scope of that business, and the
10manufacture of which do not require the manufacturer to hold a
11Federal Firearms License; or
12    (13) transfers of firearms by a dealer in which 20% or less
13of the dealer's annual sales are from the sale of firearms.
 
14    Section 20. Powers and duties of the Department. Subject to
15the provisions of this Act, the Department shall exercise the
16following powers and duties:
17        (1) Prescribe forms to be issued for the administration
18    and enforcement of this Act.
19        (2) Prescribe and publish rules for issuance of dealer
20    licenses and dealership licenses authorizing qualified
21    applicants to engage in the business of selling, leasing,
22    or otherwise transferring firearms.
23        (3) Review application to ascertain the qualifications
24    of applicants for licenses.
25        (4) Examine the records of licensees or investigate any

 

 

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1    other aspect of the business of selling, leasing, or
2    otherwise transferring firearms.
3        (5) Conduct hearings on proceedings to refuse to issue
4    or renew licenses or to revoke, suspend, place on
5    probation, reprimand, or take any other disciplinary or
6    non-disciplinary action against licenses issued under this
7    Act.
8        (6) Formulate rules required for the administration of
9    this Act. Notice of proposed rulemaking shall be
10    transmitted to the Board, and the Department shall review
11    the Board's response and any recommendations made in the
12    response.
13        (7) Solicit the advice and expert knowledge of the
14    Board on any matter relating to the administration and
15    enforcement of this Act.
16        (8) Maintain rosters of the names and addresses of all
17    licensees and all persons whose licenses have been
18    suspended, revoked, denied renewal, or otherwise
19    disciplined within the previous calendar year. These
20    rosters shall be available upon written request and payment
21    of the required fee as established by rule.
22        (9) Exercise the powers and duties prescribed by the
23    Civil Administrative Code of Illinois for the
24    administration of licensing Acts.
25        (10) Contract with the Department of State Police, as
26    necessary, to perform inspections of licensees, as

 

 

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1    provided under this Act.
2        (11) Authorize examinations to ascertain the
3    qualifications and fitness of applicants for licensing as a
4    dealer and pass upon the qualifications of applicants for
5    licensure.
 
6    Section 25. The Gun Dealer Licensing Board.
7    (a) The Gun Dealer Licensing Board shall consist of 5
8members to be appointed by the Secretary. Each member shall
9have a reasonable knowledge of the federal and State laws
10regarding firearms. Each member shall either be a resident of
11this State or shall certify that he or she will become a
12resident of this State before taking office. The Board shall
13consist of:
14        (1) one member with at least 5 years of service as a
15    county sheriff or chief of police of a municipal police
16    department within this State;
17        (2) one representative of the Department of State
18    Police with at least 5 years investigative experience or
19    duties related to criminal justice;
20        (3) one member with at least 5 years of experience as a
21    federally licensed firearms dealer in good standing within
22    this State;
23        (4) one member who is a representative of an advocacy
24    group for public safety; and
25        (5) one member shall be a lawyer licensed to practice

 

 

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1    law in this State. The membership shall reasonably reflect
2    the different geographic areas in this State.
3    (b) Members shall serve 4 year terms and may serve until
4their successors are appointed and qualified. Partial terms of
5over 2 years in length shall be considered full terms. No
6member shall serve for more than 2 successive terms. Whenever a
7vacancy in the Board occurs, the remaining members of the Board
8shall notify the Secretary of that vacancy within 5 days after
9its occurrence and the Secretary shall fill the vacancy within
1045 days. Appointments to fill vacancies shall be made in the
11same manner as the original appointments for the unexpired
12portion of the vacated term.
13    (c) The Secretary may recommend the removal of any member
14of the Board for cause at any time before the expiration of his
15or her term. A majority vote of the members is required for a
16decision to remove any member of the Board. A member subject to
17formal disciplinary proceedings shall disqualify himself or
18herself from all Board business until the charge is resolved. A
19member also shall disqualify himself or herself from any matter
20on which the member cannot act objectively.
21    (d) The Board shall annually elect one of its members as
22chairperson and one of its members as vice-chair.
23    (e) Members shall receive compensation as set by law. Each
24member shall receive reimbursement as set by the Governor's
25Travel Control Board for expenses incurred in carrying out the
26duties as a Board member.

 

 

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1    (f) A majority of Board members constitutes a quorum. A
2majority vote of the members is required for a decision. A
3vacancy in the membership of the Board shall not impair the
4right of a quorum to exercise all of the rights and perform all
5of the duties of the Board.
6    (g) The Board may recommend policies, procedures, and rules
7relevant to the administration and enforcement of this Act.
 
8    Section 30. Application for license; forms.
9    (a) Each license application shall be on forms provided by
10the Department.
11    (b) Every application for an original dealer license shall
12include the applicant's social security number, which shall be
13retained in the dealership's records pertaining to the license.
14As soon as practical, the Department shall assign a customer's
15identification number to each applicant for a license.
16    Every application for a renewal or restored license shall
17require the applicant's customer identification number.
18    (c) Beginning January 1, 2019, the Department shall accept
19applications for dealership licenses and dealer licenses.
 
20    Section 35. Issuance of license; renewal; fees.
21    (a) The Department shall, upon the applicant's
22satisfactory completion of the requirements under this Act and
23receipt of the fee, issue the license indicating the name and
24business location of the licensee and the date of expiration.

 

 

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1On or before December 31, 2019, the Department shall issue
2dealer and dealership licenses to all qualified applicants
3whose business existed in that location on the effective date
4of this Act, and who submitted the application to the
5Department on or after January 1, 2019 but before October 1,
62019. If an applicant submits an application for a license
7before October 1, 2019 and the Department does not issue or
8deny the license on or before December 31, 2019, or the
9Department does not issue or deny a license within 90 days to
10an applicant who submits an application for a license or
11renewal of a license on October 1, 2019 or thereafter, the
12applicant or licensee shall not be in violation of this Act on
13the basis of continuing to operate the business.
14    (b) The expiration date, renewal period, and conditions for
15renewal and restoration of each license shall be set by rule.
16The holder may renew the license during the 90 days preceding
17its expiration by paying the required fee and by meeting
18conditions that the Department may specify. As a condition of
19renewal of a dealer's license, the Department shall receive
20from the applicant a copy of his or her valid and unexpired
21concealed carry license, or shall verify the validity of the
22applicant's Firearm Owner's Identification Card through the
23Department of State Police in a manner prescribed by rule by
24the Department of State Police. A dealership or dealer
25operating on an expired license is considered to be practicing
26without a license.

 

 

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1    (c) A dealership that has permitted a license to expire may
2have it restored by submitting an application to the
3Department, successfully completing an inspection by the
4Department, and by paying the required restoration fee and all
5lapsed renewal fees.
6    (d) A dealer that has permitted a license to expire may
7have it restored by submitting an application to the
8Department, paying the required restoration fee and all lapsed
9renewal fees and by providing evidence of competence to resume
10practice satisfactory to the Department and the Board, which
11shall include a copy of the license holder's valid and
12unexpired concealed carry license, or verification of the
13continued validity of the license holder's Firearm Owner's
14Identification Card through the Department of State Police in a
15manner prescribed by rule by the Department of State Police,
16and may include passing a written examination.
17    (e) Any dealer whose license has expired while he or she
18has been engaged (1) in the federal service in active duty with
19the Army of the United States, the United States Navy, the
20Marine Corps, the Air Force, the Coast Guard, or the State
21Militia called into the service or training of the United
22States of America, or (2) in training or education under the
23supervision of the United States preliminary to induction into
24the military service, may have his or her license restored
25without paying any lapsed renewal fees or restoration fee, if
26within 2 years after termination of that service, training or

 

 

SB1657 Engrossed- 16 -LRB100 08489 RLC 18608 b

1education, other than by dishonorable discharge, he or she
2furnishes the Department with an affidavit to the effect that
3he or she has been so engaged and that his or her service,
4training or education has been so terminated.
5    (f) A license shall not be denied any applicant because of
6the race, religion, creed, national origin, political beliefs
7or activities, age, sex, sexual orientation, or physical
8disability that does not affect a person's ability to practice
9with reasonable judgment, skill, or safety.
 
10    Section 40. Continuing education. The Department may adopt
11rules of continuing education for persons licensed under this
12Act. The Department shall consider the recommendations of the
13Board in establishing guidelines for the continuing education
14requirements.
 
15    Section 45. Examination of applicants; fee forfeiture.
16    (a) Applicants for licensure as a dealer shall be examined
17as provided by this Section if they are qualified to be
18examined under this Act. All applicants taking the examination
19shall be evaluated using the same standards as others who are
20examined for the respective license.
21    (b) Examinations for licensure shall be held at the time
22and place as the Department may determine, but shall be held at
23least twice a year.
24    (c) Examinations shall test the amount of knowledge and

 

 

SB1657 Engrossed- 17 -LRB100 08489 RLC 18608 b

1skill needed to perform the duties set under this Act and
2comply with other provisions of federal and State law
3applicable to the sale and transfer of firearms. The Department
4may contract with a testing service for the preparation and
5conduct of the examination.
6    (d) If an applicant neglects, fails, or refuses to take an
7examination within one year after filing an application, the
8fee shall be forfeited. However, an applicant may, after a
91-year period, make a new application for examination
10accompanied by the required fee. If an applicant fails to pass
11the examination within 3 years after filing an application, the
12application shall be denied. An applicant may make a new
13application after the 3-year period.
14    (e) This Section does not apply to an applicant who was
15properly licensed as a firearms dealer under Section 923 of the
16federal Gun Control Act of 1968 (18 U.S.C. 923) on the
17effective date of this Act, in operation in this State.
 
18    Section 50. Qualifications for licensure as a dealer.
19    (a) A person is qualified for licensure as a dealer if he
20or she meets all of the following requirements:
21        (1) is at least 21 years of age;
22        (2) has a currently valid and unexpired concealed carry
23    license or Firearm Owner's Identification Card. The
24    Department shall verify the validity of the applicant's
25    Firearm Owner's Identification Card through the Department

 

 

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1    of State Police in a manner prescribed by rule by the
2    Department of State Police. The Department of State Police
3    shall provide the Department with an approval number if the
4    Firearm Owner's Identification Card is currently valid;
5        (3) has not had a license or permit to sell, lease,
6    transfer, purchase, or possess firearms from the federal
7    government or the government of any state or subdivision of
8    any state revoked or suspended for good cause within the
9    preceding 3 years, or been terminated from employment with
10    a licensee or former licensee for good cause within the
11    preceding 3 years;
12        (4) has a minimum of one year of experience, with a
13    minimum of 100 hours per year, during the 5 years
14    immediately preceding the application: (i) as a dealership
15    agent under this Act; or (ii) as a federal firearms dealer
16    licensed under Section 923 of the federal Gun Control Act
17    of 1968 (18 U.S.C. 923) or an employee of the business who
18    had access to firearms;
19        (5) has paid the fees required by this Act; and
20        (6) has passed an examination authorized by the
21    Department.
22    (b) The Department may request a personal interview of an
23applicant before the Board to further evaluate his or her
24qualifications for a license.
 
25    Section 55. Qualifications for licensure as a dealership.

 

 

SB1657 Engrossed- 19 -LRB100 08489 RLC 18608 b

1    (a) Upon receipt of the required fee and the information
2listed in subsection (b) of this Section, the Department shall
3issue a license as a dealership to any of the following:
4        (1) An individual who submits an application and is a
5    licensed dealer under this Act.
6        (2) A firm that submits an application and all of the
7    members of the firm are licensed dealers under this Act.
8        (3) A corporation or limited liability company doing
9    business in this State that is authorized by its articles
10    of incorporation or organization to engage in the business
11    of conducting a dealership if at least one executive
12    employee is licensed as a dealer under this Act.
13    (b) The Department shall require all of the following
14information from each applicant for licensure as a dealership
15under this Act:
16        (1) The name, full business address, and telephone
17    number of the dealership. The business address for the
18    dealership shall be the complete street address where
19    firearms in the inventory of the dealership are regularly
20    stored, shall be located within the State, and may not be a
21    Post Office Box. The applicant shall submit proof that the
22    business location is or will be used to conduct the
23    dealership's business.
24        (2) All trade or business names used by the licensee.
25        (3) The type of ownership or operation, such as a
26    partnership, corporation, or sole proprietorship.

 

 

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1        (4) The name of the owner or operator of the
2    dealership, including:
3            (A) if a person, then the name and address of
4        record of the person;
5            (B) if a partnership, then the name and address of
6        record of each partner and the name of the partnership;
7            (C) if a corporation, then the name, address of
8        record, and title of each corporate officer and
9        director, the corporate names, and the name of the
10        state of incorporation; and
11            (D) if a sole proprietorship, then the full name
12        and address of record of the sole proprietor and the
13        name of the business entity.
14        (5) The name and license number of the
15    licensee-in-charge for the dealership.
16        (6) Proof that the applicant has applied for or
17    received a certificate of registration under the
18    Retailers' Occupation Tax Act.
19        (7) From the sheriff of the county in which the
20    business address is located written confirmation stating
21    that, to the best of the sheriff's knowledge, the applicant
22    is in compliance with applicable federal, State, and local
23    laws. A sheriff that refuses to provide this confirmation
24    within 30 days after the date of the application shall
25    instead submit an objection in writing to the Department
26    and the license applicant based upon a reasonable suspicion

 

 

SB1657 Engrossed- 21 -LRB100 08489 RLC 18608 b

1    that the applicant is not in compliance with applicable
2    federal, State, and local laws. If no written confirmation
3    or objection is made under this paragraph (7) within 30
4    days after the date of the application, the Department
5    shall proceed as if the sheriff had provided confirmation.
6    A municipality or county may impose additional
7    requirements for the operation of gun dealers and
8    dealerships beyond the requirements of this Act and
9    consistent with the United States Constitution and the
10    Constitution of the State of Illinois, including local
11    license requirements. It shall be the duty of local
12    authorities to investigate and enforce any failure of a
13    dealer or dealership to meet these requirements and to
14    notify the Department of these investigations and
15    enforcement actions. This paragraph (7) supersedes Section
16    13.1 of the Firearm Owners Identification Card Act and
17    Section 90 of the Firearm Concealed Carry Act as applied to
18    the local regulation of dealers and dealerships.
19        (8) Proof that the dealership is properly licensed as a
20    firearms dealer under federal law.
21        (9) A final inspection report demonstrating that the
22    Department has determined upon inspection that the
23    proposed business premises comply with Section 70 of this
24    Act.
25    (c) No dealer may be the licensee-in-charge for more than
26one dealership. Upon written request by a representative of a

 

 

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1dealership, within 10 days after the loss of a
2licensee-in-charge of a dealership because of the death of that
3individual or because of the termination of the employment of
4that individual, the Department shall issue a temporary
5certificate of authority allowing the continuing operation of
6the licensed dealership. No temporary certificate of authority
7shall be valid for more than 90 days. An extension of an
8additional 90 days may be granted upon written request by the
9representative of the dealership. Not more than 2 extensions
10may be granted to any dealership. No temporary permit shall be
11issued for loss of the licensee-in-charge because of
12disciplinary action by the Department related to his or her
13conduct on behalf of the dealership.
14    (d) The Department may request a personal interview of a
15gun dealership licensee-in-charge to evaluate the dealership's
16qualifications for a license.
 
17    Section 60. Training of dealership agents. The Department
18shall adopt rules requiring dealership agents to undergo
19training regarding legal requirements and responsible business
20practices as applicable to the sale or transfer of firearms.
21Before a dealership agent has unsupervised access to or control
22over firearms in the dealership's inventory or confidential or
23security information, the dealership shall ensure that the
24dealership agent receives the training that the Department may
25require.
 

 

 

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1    Section 65. Display of license. Each licensee shall
2prominently display his or her individual, agency, or branch
3office license at each place where business is being conducted,
4as required under this Act. A licensee-in-charge is required to
5post his or her license only at the dealership office.
 
6    Section 70. Requirements; prohibitions.
7    (a) The Department of Financial and Professional
8Regulation shall implement the provisions of this Section by
9rule.
10    (b) A licensee shall maintain operating documents which
11shall include procedures for the oversight of the licensee and
12procedures to ensure accurate recordkeeping.
13    (c) By the date of application, a licensee shall implement
14appropriate security measures, as provided by rule, to deter
15and prevent the theft of firearms and unauthorized entrance
16into areas containing firearms. The rules may provide for:
17        (1) the manner of securing firearms when the location
18    is both open and closed for business;
19        (2) alarm systems for licensees; and
20        (3) other reasonable requirements to deter illegal
21    sales and reduce the risk of burglaries and other crimes or
22    accidents at licensees' business establishments.
23    (d) If a licensee operates the business at a permanent
24physical location that is open to the public, that location

 

 

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1shall be equipped with a video surveillance system sufficient
2to monitor the critical areas of the business premises,
3including, but not limited to, all places where firearms are
4stored, handled, sold, transferred, or carried. The video
5surveillance system shall operate without interruption
6whenever the licensee is open for business. Whenever the
7licensee is not open for business, the system shall be
8triggered by a motion detector and begin recording immediately
9upon detection of any motion within the monitored area. The
10stored images shall be maintained on the business premises of
11the licensee for a period of not less than 90 days from the
12date of recording and shall only be available for inspection on
13the premises by the licensee, the licensee's dealership agents,
14the Department, or federal, State, and local law enforcement
15upon request, and neither the stored images, copies, records,
16or reproductions of the stored images shall leave the custody
17of the licensee except under a court order, subpoena, or search
18warrant. The licensee shall post a sign in a conspicuous place
19at each entrance to the premises that states in block letters
20not less than one inch in height:
21    "THESE PREMISES ARE UNDER VIDEO SURVEILLANCE. YOUR IMAGE
22MAY BE RECORDED."
23    (e) The area where the licensee stores firearms that are
24inventory of the licensee shall only be accessed by dealership
25agents, Department of Financial and Professional Regulation
26staff performing inspections, law enforcement or other

 

 

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1emergency personnel, and contractors working on jobs unrelated
2to firearms, such as installing or maintaining security devices
3or performing electrical wiring.
4    (f) A licensee shall operate its business and conduct all
5sales and transfers of firearms in compliance with all federal
6and State laws, and maintain all records as required by federal
7and State laws.
8    (g) A licensee shall make a photo copy of a buyer's or
9transferee's valid photo I.D. card whenever a sale transaction
10takes place. The photo copy shall be attached to the
11documentation detailing the record of sale.
12    (h) A licensee shall post in a conspicuous position on the
13premises where the licensee conducts business a sign that
14contains the following warning in block letters not less than
15one inch in height:
16        "With few exceptions, it is unlawful for you to:
17            (1) store or leave an unsecured firearm in a place
18        where a child can obtain access to it,
19            (2) sell or transfer your firearm to someone else
20        without receiving approval for the transfer from the
21        Department of State Police, or
22            (3) fail to report the loss or theft of your
23        firearm to local law enforcement within 72 hours."
24    A licensee shall post any additional warnings or provide
25any other information regarding firearms laws and the safe
26storage of firearms to consumers as required by the Department

 

 

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1by rule.
2    (i) Before issuance, renewal, or restoration of a
3dealership license, the Department shall inspect the premises
4of the proposed business to ensure compliance with this Act.
5Licensees shall have their places of business open for
6inspection by the Department and law enforcement during all
7hours of operation, provided that the Department may conduct no
8more than one unannounced inspection per dealer or dealership
9per year without good cause. Licensees shall make all records,
10documents, and firearms accessible for inspection upon the
11request of law enforcement and the Department.
12    (j) The premises where the licensee conducts business shall
13not be located in any district or area that is within 500 feet
14of any school, pre-school, or day-care facility. This
15subsection (j) does not apply to a licensee whose business
16existed in that location on the effective date of this Act, and
17does not limit the authority of a local government to impose
18and enforce additional limits on the location of a business
19regulated under this Act.
 
20    Section 75. Dealership agent requirements. A licensed
21dealership may employ in the conduct of his or her business
22dealership agents under the following provisions:
23    (1) A dealership shall not knowingly allow a person to have
24unsupervised access to firearms in the inventory of the
25dealership or confidential or security information who:

 

 

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1        (A) is younger than 21 years of age;
2        (B) does not have a valid and unexpired concealed carry
3    license or Firearm Owner's Identification Card; or
4        (C) has had a license denied, suspended, or revoked
5    under this Act, or been terminated from employment as a
6    dealership agent:
7            (i) within one year before the date the person's
8        application for employment with the dealership; and
9            (ii) that refusal, denial, suspension, revocation,
10        or termination was based on any provision of this Act.
11    (2) No person may act as a dealership agent under this
12Section until he or she has executed and furnished to the
13employer, on forms furnished by the Department, a verified
14statement to be known as "Dealership Agent's Statement" setting
15forth:
16        (A) The person's full name, age, and residence address.
17        (B) That the person has not had a license denied,
18    revoked, or suspended under this Act, or been terminated
19    from employment as a dealership agent:
20            (i) within one year before the date the person's
21        application for employment with the dealership; and
22            (ii) that refusal, denial, suspension, revocation,
23        or termination was based on any provision of this Act.
24        (C) That the person will notify the dealership
25    immediately if his or her Firearm Owner's Identification
26    Card or concealed carry license is revoked for any reason.

 

 

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1        (D) That the person will not divert firearms in
2    violation of the law.
3    (3) Each applicant for employment as a dealership agent
4shall provide a copy of his or her valid and unexpired
5concealed carry license, or have the validity of his or her
6Firearm Owner's Identification Card confirmed by the
7dealership through the Department of State Police in a manner
8prescribed by rule by the Department of State Police. The
9Department of State Police shall provide the dealership with an
10approval number if the Firearm Owner's Identification Card is
11currently valid.
12    (4) As part of an application for renewal or restoration of
13a dealership license, the dealership shall confirm the validity
14of the Firearm Owner's Identification Card of each dealership
15agent employed by the dealership, and record the unique
16approval number provided by the Department of State Police in
17the record maintained under paragraph (5) of this Section,
18provided that a dealership shall not be required to confirm the
19validity of the Firearm Owner's Identification Card of a
20dealership agent if the dealership has already confirmed the
21validity of the dealership agent's Firearm Owner's
22Identification Card within the last 6 months or the dealership
23agent has provided the dealership with a copy of his or her
24valid and unexpired concealed carry license within the last 6
25months.
26    (5) Each dealership shall maintain a record of each

 

 

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1dealership agent that is accessible to the Department. The
2record shall contain the following information:
3        (A) The Dealership Agent's Statement specified in
4    paragraph (2) of this Section; and
5        (B) A copy of the dealership agent's concealed carry
6    license or Firearm Owner's Identification Card, and the
7    approval number provided by the Department of State Police
8    when the dealership last confirmed the validity of the
9    dealership agent's Firearm Owner's Identification Card.
10    The Department may, by rule, prescribe further record
11    requirements.
12    (6) Every dealership shall maintain a separate roster of
13the names of all dealership agents and submit the roster to the
14Department on request.
15    (7) No dealership may employ any person to perform a
16licensed activity under this Act unless the person possesses a
17valid dealer license under this Act or the requirements of this
18Section are met, or the person is exempt under paragraph (8) of
19this Section.
20    (8) Peace officers shall be exempt from the requirements of
21this Section relating to Firearm Owner's Identification Cards
22and concealed carry licenses. The dealership shall remain
23responsible for any peace officer employed under this
24exemption, regardless of whether the peace officer is
25compensated as an employee or as an independent contractor and
26as further defined by rule.

 

 

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1    (9) Persons who have no unsupervised access to firearms in
2the inventory of a dealership or confidential or security
3information are exempt from the requirements of a dealership
4agent.
5    (10) This Section shall apply to unpaid or paid volunteers
6or other agents of the dealership who will have access to or
7control over firearms in the inventory of the dealership or
8confidential or security information, just as it applies to
9paid employees.
 
10    Section 80. Employment requirement. A dealership licensed
11under this Act is prohibited from evading or attempting to
12evade the requirements for dealership agents under this Act by
13engaging a contractor or independent contractor to perform the
14activities of a dealer or dealership agent, unless that person
15is licensed under this Act.
 
16    Section 85. Disciplinary sanctions.
17    (a) The Department may deny issuance, refuse to renew, or
18restore or may reprimand, place on probation, suspend, revoke,
19or take other disciplinary or non-disciplinary action against
20any license, may impose a fine not to exceed $10,000 for each
21violation, and may assess costs as provided for under Section
22150, for any of the following, consistent with the Protection
23of Lawful Commerce in Arms Act, 15 U.S.C. 7901 through 7903 or
24amendments thereto:

 

 

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1        (1) Material misstatement in furnishing information to
2    the Department or to any other State or federal agency.
3        (2) Violations of this Act, any of the rules adopted
4    under this Act, or any law applicable to the sale or
5    transfer of firearms.
6        (3) Making any misrepresentation for the purpose of
7    obtaining licenses or cards.
8        (4) A pattern of practice or other behavior which
9    demonstrates incapacity or incompetency to practice under
10    this Act.
11        (5) Aiding or assisting another person in violating any
12    provision of this Act or rules adopted under this Act.
13        (6) Failing, within 60 days, to provide information in
14    response to a written request made by the Department.
15        (7) Conviction of or plea of guilty or plea of nolo
16    contendere to any crime that disqualifies the person from
17    obtaining a valid Firearm Owner's Identification Card.
18        (8) Continued practice, although the person has become
19    unfit to practice due to any of the following:
20            (A) Physical illness, mental illness, or other
21        impairment, including, but not limited to,
22        deterioration through the aging process or loss of
23        motor skills that results in the inability to serve the
24        public with reasonable judgment, skill, or safety.
25            (B) Any circumstance that disqualifies the person
26        from obtaining a valid Firearm Owner's Identification

 

 

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1        Card.
2            (C) Habitual or excessive use or abuse of drugs
3        defined in law as controlled substances, alcohol, or
4        any other substance that results in the inability to
5        practice with reasonable judgment, skill, or safety.
6        (9) Receiving, directly or indirectly, compensation
7    for any firearms sold or transferred illegally.
8        (10) Discipline by another United States jurisdiction,
9    foreign nation, or governmental agency, if at least one of
10    the grounds for the discipline is the same or substantially
11    equivalent to those set forth in this Act.
12        (11) Giving differential treatment to a person that is
13    to that person's detriment because of race, color, creed,
14    sex, sexual orientation, religion, or national origin.
15        (12) Violation of any disciplinary order imposed on a
16    licensee by the Department.
17        (13) Conducting a dealership without a valid license.
18        (14) Revealing confidential or security information,
19    except as specifically authorized by law, including but not
20    limited to information about purchasers and transferees of
21    firearms, provided that a licensee or dealership agent may
22    disclose this information under a court order, subpoena, or
23    search warrant or to the Department or federal, State, or
24    local law enforcement agencies upon request.
25        (15) Purporting to be a licensee-in-charge of an agency
26    without active participation in the agency.

 

 

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1        (16) A finding by the Department that the licensee,
2    after having his or her license placed on probationary
3    status, has violated the terms of probation.
4        (17) Failure to report in writing to the Department,
5    within 60 days of an entry of a settlement or a verdict in
6    excess of $10,000, any legal action in which the business
7    of the dealer, dealership, or dealership agent was the
8    subject of the legal action.
9    (b) All fines imposed under this Section shall be paid
10within 60 days after the effective date of the order imposing
11the fine.
 
12    Section 90. Suspension or revocation of dealership agent
13authority.
14    (a) Dealership agents shall be subject to the disciplinary
15sanctions of this Act and shall otherwise comply with this Act
16and the rules adopted under it. Notwithstanding any other
17provision in this Act to the contrary, dealership agents shall
18not be responsible for compliance with any requirement that
19this Act assigns to the dealership or the licensee-in-charge
20regardless of the agent's job title, job duties, or position in
21the dealership. The procedures for disciplining a licensee
22shall also apply in taking action against a dealership agent.
23    (b) The revocation of a dealer's or dealership agent's
24Firearm Owner's Identification Card or concealed carry
25license, if applicable, operates as an automatic suspension of

 

 

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1the dealer license or dealership agent's authority under this
2Act. The suspension shall end only upon the issuance by the
3Department of State Police of a new Firearm Owner's
4Identification Card or concealed carry license to the dealer or
5dealership agent.
 
6    Section 95. Returned checks; fines. Any person who delivers
7a check or other payment to the Department that is returned to
8the Department unpaid by the financial institution upon which
9it is drawn shall pay to the Department, in addition to the
10amount already owed to the Department, a fine of $50. The fines
11imposed by this Section are in addition to any other discipline
12provided under this Act for unlicensed business or business on
13a nonrenewed license. The Department shall notify the person
14that payment of fees and fines shall be paid to the Department
15by certified check or money order within 30 calendar days of
16the notification. If, after the expiration of 30 days from the
17date of the notification, the person has failed to submit the
18necessary remittance, the Department shall automatically
19terminate the license or deny the application, without hearing.
20If, after termination or denial, the person seeks a license, he
21or she shall apply to the Department for restoration or
22issuance of the license and pay all fees and fines due to the
23Department. The Department may establish a fee for the
24processing of an application for restoration of a license to
25pay all expenses of processing this application. The Secretary

 

 

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1may waive the fines due under this Section in individual cases
2if the Secretary finds that the fines would be unreasonable or
3unnecessarily burdensome.
 
4    Section 100. Statute of limitations. No action may be taken
5under this Act against a person or entity licensed under this
6Act unless the action is commenced within 5 years after the
7occurrence of the alleged violations. A continuing violation
8shall be deemed to have occurred on the date when the
9circumstances last existed that give rise to the alleged
10violation.
 
11    Section 105. Complaints; investigations; hearings.
12    (a) The Department may investigate the actions of any
13applicant or of any person or persons holding or claiming to
14hold a license or registration under this Act.
15    (b) The Department shall, before disciplining a licensee
16under Section 130 or refusing to issue or license, at least 30
17days before the date set for the hearing, (i) notify the
18accused in writing of the charges made and the time and place
19for the hearing on the charges, (ii) direct him or her to file
20a written answer to the charges under oath within 20 days after
21service, and (iii) inform the applicant or licensee that
22failure to answer will result in a default being entered
23against the applicant or licensee.
24    (c) At the time and place fixed in the notice, the Board or

 

 

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1the hearing officer appointed by the Secretary shall proceed to
2hear the charges, and the parties or their counsel shall be
3accorded ample opportunity to present any pertinent
4statements, testimony, evidence, and arguments. The Board or
5hearing officer may continue the hearing from time to time. In
6case the person, after receiving the notice, fails to file an
7answer, his or her license may, in the discretion of the
8Secretary, having first received the recommendation of the
9Board, be suspended, revoked, or placed on probationary status,
10or be subject to whatever disciplinary action the Secretary
11considers proper, including limiting the scope, nature, or
12extent of the person's business or the imposition of a fine,
13without hearing, if the act or acts charged constitute
14sufficient grounds for that action under this Act.
15    (d) The written notice and any notice in the subsequent
16proceeding may be served by certified mail to the licensee's
17address of record.
18    (e) The Secretary has the authority to appoint any attorney
19licensed to practice law in this State to serve as the hearing
20officer in any action for refusal to issue, restore, or renew a
21license or to discipline a licensee. The hearing officer has
22full authority to conduct the hearing.
 
23    Section 110. Hearing; rehearing.
24    (a) The Board or the hearing officer authorized by the
25Department shall hear evidence in support of the formal charges

 

 

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1and evidence produced by the licensee. At the conclusion of the
2hearing, the Board shall present to the Secretary a written
3report of its findings of fact, conclusions of law, and
4recommendations. The report shall contain a finding of whether
5the accused person violated this Act or failed to comply with
6the conditions required in this Act. The Board shall specify
7the nature of the violation or failure to comply and shall make
8its recommendation to the Secretary.
9    (b) At the conclusion of the hearing, a copy of the Board
10or hearing officer's report shall be served upon the applicant
11or licensee by the Department, either personally or as provided
12in this Act for the service of a notice of hearing. Within 20
13calendar days after service, the applicant or licensee may
14present to the Department a motion in writing for a rehearing,
15which shall specify the particular grounds for rehearing. The
16Department may respond to the motion for rehearing within 20
17calendar days after its service on the Department. If no motion
18for rehearing is filed, then upon the expiration of the time
19specified for filing such a motion, or upon denial of a motion
20for rehearing, the Secretary may enter an order in accordance
21with the recommendations of the Board or hearing officer. If
22the applicant or licensee orders from the reporting service and
23pays for a transcript of the record within the time for filing
24a motion for rehearing, the 20-day period within which a motion
25may be filed shall commence upon the delivery of the transcript
26to the applicant or licensee.

 

 

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1    (c) Whenever the Secretary is not satisfied that
2substantial justice has been done, the Secretary may order a
3rehearing by the same or another hearing officer.
4    (d) All proceedings under this Section are matters of
5public record and shall be preserved.
6    (e) The dealer or dealership may continue to operate as a
7dealer or dealership during the course of an investigation or
8hearing, unless the Secretary finds that the public interest,
9safety, or welfare requires an emergency action.
10    (f) Upon the suspension or revocation of a license, the
11licensee shall surrender the license to the Department and,
12upon failure to do so, the Department shall seize the same.
 
13    Section 115. Disposition by consent order. At any point in
14any investigation or disciplinary proceeding provided for in
15the Act, both parties may agree to a negotiated consent order.
16The consent order shall be final upon signature of the
17Secretary.
 
18    Section 120. Restoration of license after disciplinary
19proceedings. At any time after the successful completion of a
20term of indefinite probation, indefinite suspension, or
21revocation of a license, the Department may restore it to the
22licensee, unless, after an investigation and a hearing, the
23Secretary determines that restoration is not in the public
24interest. No person or entity whose license, card, or authority

 

 

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1has been revoked as authorized in this Act may apply for
2restoration of that license, registration, or authority until
3such time as provided for in the Civil Administrative Code of
4Illinois.
 
5    Section 125. Injunction; cease and desist orders.
6    (a) Upon the filing of a verified petition in court, if
7satisfied by affidavit or otherwise that the person, firm,
8corporation, or other legal entity is or has been conducting
9activities in violation of this Act, the court may enter a
10temporary restraining order or preliminary injunction, without
11bond, enjoining the defendant from further activity. A copy of
12the verified complaint shall be served upon the defendant and
13the proceedings shall be conducted as in civil cases. If it is
14established the defendant has been or is conducting activities
15in violation of this Act, the court may enter a judgment
16enjoining the defendant from that activity. In case of
17violation of any injunctive order or judgment entered under
18this Section, the court may punish the offender for contempt of
19court. Injunctive proceedings shall be in addition to all other
20penalties under this Act.
21    (b) If any person has engaged in the business of selling,
22leasing, or otherwise transferring firearms without having a
23valid license under this Act, then any licensee, any interested
24party, or any person injured thereby may, in addition to the
25Secretary, petition for relief as provided in subsection (a) of

 

 

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1this Section.
2    (c) Whenever the Department has reason to believe a person,
3firm, corporation, or other legal entity has violated any
4provision of this Act, the Department may issue a rule to show
5cause why an order to cease and desist should not be entered
6against that person, firm, corporation, or other legal entity.
7The rule shall clearly set forth the grounds relied upon by the
8Department and shall provide a period of 7 days from the date
9of the rule to file an answer to the satisfaction of the
10Department. Failure to answer to the satisfaction of the
11Department shall cause an order to cease and desist to be
12issued immediately.
 
13    Section 130. Administrative review. All final
14administrative decisions of the Department are subject to
15judicial review under Article III of the Code of Civil
16Procedure. The term "administrative decision" is defined as in
17Section 3-101 of the Code of Civil Procedure. The proceedings
18for judicial review shall be commenced in the circuit court of
19the county in which the party applying for review resides; but
20if the party is not a resident of this State, the venue shall
21be in Sangamon County. The Department shall not be required to
22certify any record to the court or file any answer in court or
23otherwise appear in any court in a judicial review proceeding,
24unless and until the Department has received from the plaintiff
25payment of the costs of furnishing and certifying the record,

 

 

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1which costs shall be determined by the Department. Exhibits
2shall be certified without cost. Failure on the part of the
3applicant or licensee to file a receipt in court is grounds for
4dismissal of the action.
 
5    Section 135. Prima facie proof.
6    (a) An order or a certified copy thereof, over the seal of
7the Department and purporting to be signed by the Secretary, is
8prima facie proof that the signature is that of the Secretary,
9and the Secretary is qualified to act.
10    (b) A certified copy of a record of the Department shall,
11without further proof, be admitted into evidence in any legal
12proceeding, and shall be prima facie correct and prima facie
13evidence of the information contained therein.
 
14    Section 140. Subpoenas.
15    (a) The Department may subpoena and bring before it any
16person to take the oral or written testimony or compel the
17production of any books, papers, records, or any other
18documents that the Secretary or his or her designee deems
19relevant or material to any such investigation or hearing
20conducted by the Department with the same fees and in the same
21manner as prescribed in civil cases in the courts of this
22State.
23    (b) Any circuit court, upon the application of the
24applicant, licensee, or Department, may order the attendance

 

 

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1and testimony of witnesses and the production of relevant
2documents, files, records, books, and papers in connection with
3any hearing or investigation. The circuit court may compel
4obedience to its order by proceedings for contempt.
5    (c) The Secretary, the hearing officer, any member of the
6Board, or a certified shorthand court reporter may administer
7oaths at any hearing the Department conducts. Notwithstanding
8any other statute or Department rule to the contrary, all
9requests for testimony, production of documents or records
10shall be in accordance with this Act.
 
11    Section 145. Stenographers. The Department, at its
12expense, shall preserve the record of all proceedings at a
13formal hearing of any case. The notice of hearing, complaint,
14all other documents in the nature of pleadings and written
15motions filed in the proceedings, the transcript of testimony,
16the report of the Board and orders of the Department shall be
17in the record of the proceedings.
 
18    Section 150. Fees; deposit of fees and fines. The
19Department shall by rule provide for fees for the
20administration and enforcement of this Act, and those fees are
21nonrefundable. All of the fees, penalties, and fines collected
22under this Act shall be deposited into the General Professions
23Dedicated Fund and shall be appropriated to the Department for
24the ordinary and contingent expenses of the Department in the

 

 

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1administration and enforcement of this Act.
 
2    Section 155. Illinois Administrative Procedure Act;
3application.
4    (a) All rules required under this Act shall be adopted in
5accordance with Article 5 of the Illinois Administrative
6Procedure Act.
7    (b) Article 10 of the Illinois Administrative Procedure Act
8is expressly adopted and incorporated in this Act as if all of
9the provisions of that Article were included in this Act,
10except that the provision of paragraph (d) of Section 10-65 of
11the Illinois Administrative Procedure Act, which provides that
12at hearings the registrant or licensee has the right to show
13compliance with all lawful requirements for retention or
14continuation or renewal of the license, is specifically
15excluded. For the purpose of this Act, the notice required
16under Section 10-25 of the Illinois Administrative Procedure
17Act is considered sufficient when mailed to the address of
18record of a party.
 
19    Section 160. Confidentiality. All information collected by
20the Department in the course of an examination or investigation
21of a licensee or applicant, including, but not limited to, any
22complaint against a licensee filed with the Department and
23information collected to investigate any such complaint, shall
24be maintained for the confidential use of the Department and

 

 

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1shall not be disclosed. The Department shall not disclose the
2information to anyone other than law enforcement officials,
3regulatory agencies that have an appropriate regulatory
4interest as determined by the Secretary, or a party presenting
5a lawful subpoena to the Department. Information and documents
6disclosed to a federal, State, county, or local law enforcement
7agency shall not be disclosed by the agency for any purpose to
8any other agency or person. A formal complaint filed against a
9licensee by the Department or any order issued by the
10Department against a licensee or applicant shall be a public
11record, except as otherwise prohibited by law.
 
12    Section 165. Rules. The Department shall adopt rules
13necessary to implement the provisions of this Act no later than
14180 days after the effective date of this Act. The Department
15may adopt rules necessary to implement the provisions of this
16Act through the use of emergency rulemaking in accordance with
17Section 5-45 of the Illinois Administrative Procedure Act for a
18period not to exceed 180 days after the effective date of this
19Act.
 
20    Section 900. The Regulatory Sunset Act is amended by adding
21Section 4.38 as follows:
 
22    (5 ILCS 80/4.38 new)
23    Sec. 4.38. Act repealed on January 1, 2028. The following

 

 

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1Act is repealed on January 1, 2028:
2    The Gun Dealer Licensing Act.
 
3    Section 905. The Illinois Administrative Procedure Act is
4amended by changing Section 5-45 as follows:
 
5    (5 ILCS 100/5-45)  (from Ch. 127, par. 1005-45)
6    (Text of Section before amendment by P.A. 99-906)
7    Sec. 5-45. Emergency rulemaking.
8    (a) "Emergency" means the existence of any situation that
9any agency finds reasonably constitutes a threat to the public
10interest, safety, or welfare.
11    (b) If any agency finds that an emergency exists that
12requires adoption of a rule upon fewer days than is required by
13Section 5-40 and states in writing its reasons for that
14finding, the agency may adopt an emergency rule without prior
15notice or hearing upon filing a notice of emergency rulemaking
16with the Secretary of State under Section 5-70. The notice
17shall include the text of the emergency rule and shall be
18published in the Illinois Register. Consent orders or other
19court orders adopting settlements negotiated by an agency may
20be adopted under this Section. Subject to applicable
21constitutional or statutory provisions, an emergency rule
22becomes effective immediately upon filing under Section 5-65 or
23at a stated date less than 10 days thereafter. The agency's
24finding and a statement of the specific reasons for the finding

 

 

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1shall be filed with the rule. The agency shall take reasonable
2and appropriate measures to make emergency rules known to the
3persons who may be affected by them.
4    (c) An emergency rule may be effective for a period of not
5longer than 150 days, but the agency's authority to adopt an
6identical rule under Section 5-40 is not precluded. No
7emergency rule may be adopted more than once in any 24-month 24
8month period, except that this limitation on the number of
9emergency rules that may be adopted in a 24-month 24 month
10period does not apply to (i) emergency rules that make
11additions to and deletions from the Drug Manual under Section
125-5.16 of the Illinois Public Aid Code or the generic drug
13formulary under Section 3.14 of the Illinois Food, Drug and
14Cosmetic Act, (ii) emergency rules adopted by the Pollution
15Control Board before July 1, 1997 to implement portions of the
16Livestock Management Facilities Act, (iii) emergency rules
17adopted by the Illinois Department of Public Health under
18subsections (a) through (i) of Section 2 of the Department of
19Public Health Act when necessary to protect the public's
20health, (iv) emergency rules adopted pursuant to subsection (n)
21of this Section, (v) emergency rules adopted pursuant to
22subsection (o) of this Section, or (vi) emergency rules adopted
23pursuant to subsection (c-5) of this Section. Two or more
24emergency rules having substantially the same purpose and
25effect shall be deemed to be a single rule for purposes of this
26Section.

 

 

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1    (c-5) To facilitate the maintenance of the program of group
2health benefits provided to annuitants, survivors, and retired
3employees under the State Employees Group Insurance Act of
41971, rules to alter the contributions to be paid by the State,
5annuitants, survivors, retired employees, or any combination
6of those entities, for that program of group health benefits,
7shall be adopted as emergency rules. The adoption of those
8rules shall be considered an emergency and necessary for the
9public interest, safety, and welfare.
10    (d) In order to provide for the expeditious and timely
11implementation of the State's fiscal year 1999 budget,
12emergency rules to implement any provision of Public Act 90-587
13or 90-588 or any other budget initiative for fiscal year 1999
14may be adopted in accordance with this Section by the agency
15charged with administering that provision or initiative,
16except that the 24-month limitation on the adoption of
17emergency rules and the provisions of Sections 5-115 and 5-125
18do not apply to rules adopted under this subsection (d). The
19adoption of emergency rules authorized by this subsection (d)
20shall be deemed to be necessary for the public interest,
21safety, and welfare.
22    (e) In order to provide for the expeditious and timely
23implementation of the State's fiscal year 2000 budget,
24emergency rules to implement any provision of Public Act 91-24
25or any other budget initiative for fiscal year 2000 may be
26adopted in accordance with this Section by the agency charged

 

 

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1with administering that provision or initiative, except that
2the 24-month limitation on the adoption of emergency rules and
3the provisions of Sections 5-115 and 5-125 do not apply to
4rules adopted under this subsection (e). The adoption of
5emergency rules authorized by this subsection (e) shall be
6deemed to be necessary for the public interest, safety, and
7welfare.
8    (f) In order to provide for the expeditious and timely
9implementation of the State's fiscal year 2001 budget,
10emergency rules to implement any provision of Public Act 91-712
11or any other budget initiative for fiscal year 2001 may be
12adopted in accordance with this Section by the agency charged
13with administering that provision or initiative, except that
14the 24-month limitation on the adoption of emergency rules and
15the provisions of Sections 5-115 and 5-125 do not apply to
16rules adopted under this subsection (f). The adoption of
17emergency rules authorized by this subsection (f) shall be
18deemed to be necessary for the public interest, safety, and
19welfare.
20    (g) In order to provide for the expeditious and timely
21implementation of the State's fiscal year 2002 budget,
22emergency rules to implement any provision of Public Act 92-10
23or any other budget initiative for fiscal year 2002 may be
24adopted in accordance with this Section by the agency charged
25with administering that provision or initiative, except that
26the 24-month limitation on the adoption of emergency rules and

 

 

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1the provisions of Sections 5-115 and 5-125 do not apply to
2rules adopted under this subsection (g). The adoption of
3emergency rules authorized by this subsection (g) shall be
4deemed to be necessary for the public interest, safety, and
5welfare.
6    (h) In order to provide for the expeditious and timely
7implementation of the State's fiscal year 2003 budget,
8emergency rules to implement any provision of Public Act 92-597
9or any other budget initiative for fiscal year 2003 may be
10adopted in accordance with this Section by the agency charged
11with administering that provision or initiative, except that
12the 24-month limitation on the adoption of emergency rules and
13the provisions of Sections 5-115 and 5-125 do not apply to
14rules adopted under this subsection (h). The adoption of
15emergency rules authorized by this subsection (h) shall be
16deemed to be necessary for the public interest, safety, and
17welfare.
18    (i) In order to provide for the expeditious and timely
19implementation of the State's fiscal year 2004 budget,
20emergency rules to implement any provision of Public Act 93-20
21or any other budget initiative for fiscal year 2004 may be
22adopted in accordance with this Section by the agency charged
23with administering that provision or initiative, except that
24the 24-month limitation on the adoption of emergency rules and
25the provisions of Sections 5-115 and 5-125 do not apply to
26rules adopted under this subsection (i). The adoption of

 

 

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1emergency rules authorized by this subsection (i) shall be
2deemed to be necessary for the public interest, safety, and
3welfare.
4    (j) In order to provide for the expeditious and timely
5implementation of the provisions of the State's fiscal year
62005 budget as provided under the Fiscal Year 2005 Budget
7Implementation (Human Services) Act, emergency rules to
8implement any provision of the Fiscal Year 2005 Budget
9Implementation (Human Services) Act may be adopted in
10accordance with this Section by the agency charged with
11administering that provision, except that the 24-month
12limitation on the adoption of emergency rules and the
13provisions of Sections 5-115 and 5-125 do not apply to rules
14adopted under this subsection (j). The Department of Public Aid
15may also adopt rules under this subsection (j) necessary to
16administer the Illinois Public Aid Code and the Children's
17Health Insurance Program Act. The adoption of emergency rules
18authorized by this subsection (j) shall be deemed to be
19necessary for the public interest, safety, and welfare.
20    (k) In order to provide for the expeditious and timely
21implementation of the provisions of the State's fiscal year
222006 budget, emergency rules to implement any provision of
23Public Act 94-48 or any other budget initiative for fiscal year
242006 may be adopted in accordance with this Section by the
25agency charged with administering that provision or
26initiative, except that the 24-month limitation on the adoption

 

 

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1of emergency rules and the provisions of Sections 5-115 and
25-125 do not apply to rules adopted under this subsection (k).
3The Department of Healthcare and Family Services may also adopt
4rules under this subsection (k) necessary to administer the
5Illinois Public Aid Code, the Senior Citizens and Persons with
6Disabilities Property Tax Relief Act, the Senior Citizens and
7Disabled Persons Prescription Drug Discount Program Act (now
8the Illinois Prescription Drug Discount Program Act), and the
9Children's Health Insurance Program Act. The adoption of
10emergency rules authorized by this subsection (k) shall be
11deemed to be necessary for the public interest, safety, and
12welfare.
13    (l) In order to provide for the expeditious and timely
14implementation of the provisions of the State's fiscal year
152007 budget, the Department of Healthcare and Family Services
16may adopt emergency rules during fiscal year 2007, including
17rules effective July 1, 2007, in accordance with this
18subsection to the extent necessary to administer the
19Department's responsibilities with respect to amendments to
20the State plans and Illinois waivers approved by the federal
21Centers for Medicare and Medicaid Services necessitated by the
22requirements of Title XIX and Title XXI of the federal Social
23Security Act. The adoption of emergency rules authorized by
24this subsection (l) shall be deemed to be necessary for the
25public interest, safety, and welfare.
26    (m) In order to provide for the expeditious and timely

 

 

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1implementation of the provisions of the State's fiscal year
22008 budget, the Department of Healthcare and Family Services
3may adopt emergency rules during fiscal year 2008, including
4rules effective July 1, 2008, in accordance with this
5subsection to the extent necessary to administer the
6Department's responsibilities with respect to amendments to
7the State plans and Illinois waivers approved by the federal
8Centers for Medicare and Medicaid Services necessitated by the
9requirements of Title XIX and Title XXI of the federal Social
10Security Act. The adoption of emergency rules authorized by
11this subsection (m) shall be deemed to be necessary for the
12public interest, safety, and welfare.
13    (n) In order to provide for the expeditious and timely
14implementation of the provisions of the State's fiscal year
152010 budget, emergency rules to implement any provision of
16Public Act 96-45 or any other budget initiative authorized by
17the 96th General Assembly for fiscal year 2010 may be adopted
18in accordance with this Section by the agency charged with
19administering that provision or initiative. The adoption of
20emergency rules authorized by this subsection (n) shall be
21deemed to be necessary for the public interest, safety, and
22welfare. The rulemaking authority granted in this subsection
23(n) shall apply only to rules promulgated during Fiscal Year
242010.
25    (o) In order to provide for the expeditious and timely
26implementation of the provisions of the State's fiscal year

 

 

SB1657 Engrossed- 53 -LRB100 08489 RLC 18608 b

12011 budget, emergency rules to implement any provision of
2Public Act 96-958 or any other budget initiative authorized by
3the 96th General Assembly for fiscal year 2011 may be adopted
4in accordance with this Section by the agency charged with
5administering that provision or initiative. The adoption of
6emergency rules authorized by this subsection (o) is deemed to
7be necessary for the public interest, safety, and welfare. The
8rulemaking authority granted in this subsection (o) applies
9only to rules promulgated on or after July 1, 2010 (the
10effective date of Public Act 96-958) through June 30, 2011.
11    (p) In order to provide for the expeditious and timely
12implementation of the provisions of Public Act 97-689,
13emergency rules to implement any provision of Public Act 97-689
14may be adopted in accordance with this subsection (p) by the
15agency charged with administering that provision or
16initiative. The 150-day limitation of the effective period of
17emergency rules does not apply to rules adopted under this
18subsection (p), and the effective period may continue through
19June 30, 2013. The 24-month limitation on the adoption of
20emergency rules does not apply to rules adopted under this
21subsection (p). The adoption of emergency rules authorized by
22this subsection (p) is deemed to be necessary for the public
23interest, safety, and welfare.
24    (q) In order to provide for the expeditious and timely
25implementation of the provisions of Articles 7, 8, 9, 11, and
2612 of Public Act 98-104, emergency rules to implement any

 

 

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1provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
2may be adopted in accordance with this subsection (q) by the
3agency charged with administering that provision or
4initiative. The 24-month limitation on the adoption of
5emergency rules does not apply to rules adopted under this
6subsection (q). The adoption of emergency rules authorized by
7this subsection (q) is deemed to be necessary for the public
8interest, safety, and welfare.
9    (r) In order to provide for the expeditious and timely
10implementation of the provisions of Public Act 98-651,
11emergency rules to implement Public Act 98-651 may be adopted
12in accordance with this subsection (r) by the Department of
13Healthcare and Family Services. The 24-month limitation on the
14adoption of emergency rules does not apply to rules adopted
15under this subsection (r). The adoption of emergency rules
16authorized by this subsection (r) is deemed to be necessary for
17the public interest, safety, and welfare.
18    (s) In order to provide for the expeditious and timely
19implementation of the provisions of Sections 5-5b.1 and 5A-2 of
20the Illinois Public Aid Code, emergency rules to implement any
21provision of Section 5-5b.1 or Section 5A-2 of the Illinois
22Public Aid Code may be adopted in accordance with this
23subsection (s) by the Department of Healthcare and Family
24Services. The rulemaking authority granted in this subsection
25(s) shall apply only to those rules adopted prior to July 1,
262015. Notwithstanding any other provision of this Section, any

 

 

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1emergency rule adopted under this subsection (s) shall only
2apply to payments made for State fiscal year 2015. The adoption
3of emergency rules authorized by this subsection (s) is deemed
4to be necessary for the public interest, safety, and welfare.
5    (t) In order to provide for the expeditious and timely
6implementation of the provisions of Article II of Public Act
799-6, emergency rules to implement the changes made by Article
8II of Public Act 99-6 to the Emergency Telephone System Act may
9be adopted in accordance with this subsection (t) by the
10Department of State Police. The rulemaking authority granted in
11this subsection (t) shall apply only to those rules adopted
12prior to July 1, 2016. The 24-month limitation on the adoption
13of emergency rules does not apply to rules adopted under this
14subsection (t). The adoption of emergency rules authorized by
15this subsection (t) is deemed to be necessary for the public
16interest, safety, and welfare.
17    (u) In order to provide for the expeditious and timely
18implementation of the provisions of the Burn Victims Relief
19Act, emergency rules to implement any provision of the Act may
20be adopted in accordance with this subsection (u) by the
21Department of Insurance. The rulemaking authority granted in
22this subsection (u) shall apply only to those rules adopted
23prior to December 31, 2015. The adoption of emergency rules
24authorized by this subsection (u) is deemed to be necessary for
25the public interest, safety, and welfare.
26    (v) In order to provide for the expeditious and timely

 

 

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1implementation of the provisions of Public Act 99-516 this
2amendatory Act of the 99th General Assembly, emergency rules to
3implement Public Act 99-516 this amendatory Act of the 99th
4General Assembly may be adopted in accordance with this
5subsection (v) by the Department of Healthcare and Family
6Services. The 24-month limitation on the adoption of emergency
7rules does not apply to rules adopted under this subsection
8(v). The adoption of emergency rules authorized by this
9subsection (v) is deemed to be necessary for the public
10interest, safety, and welfare.
11    (w) (v) In order to provide for the expeditious and timely
12implementation of the provisions of Public Act 99-796 this
13amendatory Act of the 99th General Assembly, emergency rules to
14implement the changes made by Public Act 99-796 this amendatory
15Act of the 99th General Assembly may be adopted in accordance
16with this subsection (w) (v) by the Adjutant General. The
17adoption of emergency rules authorized by this subsection (w)
18(v) is deemed to be necessary for the public interest, safety,
19and welfare.
20(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13;
2198-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16;
2299-143, eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff.
236-30-16; 99-642, eff. 7-28-16; 99-796, eff. 1-1-17; revised
249-21-16.)
 
25    (Text of Section after amendment by P.A. 99-906)

 

 

SB1657 Engrossed- 57 -LRB100 08489 RLC 18608 b

1    Sec. 5-45. Emergency rulemaking.
2    (a) "Emergency" means the existence of any situation that
3any agency finds reasonably constitutes a threat to the public
4interest, safety, or welfare.
5    (b) If any agency finds that an emergency exists that
6requires adoption of a rule upon fewer days than is required by
7Section 5-40 and states in writing its reasons for that
8finding, the agency may adopt an emergency rule without prior
9notice or hearing upon filing a notice of emergency rulemaking
10with the Secretary of State under Section 5-70. The notice
11shall include the text of the emergency rule and shall be
12published in the Illinois Register. Consent orders or other
13court orders adopting settlements negotiated by an agency may
14be adopted under this Section. Subject to applicable
15constitutional or statutory provisions, an emergency rule
16becomes effective immediately upon filing under Section 5-65 or
17at a stated date less than 10 days thereafter. The agency's
18finding and a statement of the specific reasons for the finding
19shall be filed with the rule. The agency shall take reasonable
20and appropriate measures to make emergency rules known to the
21persons who may be affected by them.
22    (c) An emergency rule may be effective for a period of not
23longer than 150 days, but the agency's authority to adopt an
24identical rule under Section 5-40 is not precluded. No
25emergency rule may be adopted more than once in any 24-month
26period, except that this limitation on the number of emergency

 

 

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1rules that may be adopted in a 24-month period does not apply
2to (i) emergency rules that make additions to and deletions
3from the Drug Manual under Section 5-5.16 of the Illinois
4Public Aid Code or the generic drug formulary under Section
53.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
6emergency rules adopted by the Pollution Control Board before
7July 1, 1997 to implement portions of the Livestock Management
8Facilities Act, (iii) emergency rules adopted by the Illinois
9Department of Public Health under subsections (a) through (i)
10of Section 2 of the Department of Public Health Act when
11necessary to protect the public's health, (iv) emergency rules
12adopted pursuant to subsection (n) of this Section, (v)
13emergency rules adopted pursuant to subsection (o) of this
14Section, or (vi) emergency rules adopted pursuant to subsection
15(c-5) of this Section. Two or more emergency rules having
16substantially the same purpose and effect shall be deemed to be
17a single rule for purposes of this Section.
18    (c-5) To facilitate the maintenance of the program of group
19health benefits provided to annuitants, survivors, and retired
20employees under the State Employees Group Insurance Act of
211971, rules to alter the contributions to be paid by the State,
22annuitants, survivors, retired employees, or any combination
23of those entities, for that program of group health benefits,
24shall be adopted as emergency rules. The adoption of those
25rules shall be considered an emergency and necessary for the
26public interest, safety, and welfare.

 

 

SB1657 Engrossed- 59 -LRB100 08489 RLC 18608 b

1    (d) In order to provide for the expeditious and timely
2implementation of the State's fiscal year 1999 budget,
3emergency rules to implement any provision of Public Act 90-587
4or 90-588 or any other budget initiative for fiscal year 1999
5may be adopted in accordance with this Section by the agency
6charged with administering that provision or initiative,
7except that the 24-month limitation on the adoption of
8emergency rules and the provisions of Sections 5-115 and 5-125
9do not apply to rules adopted under this subsection (d). The
10adoption of emergency rules authorized by this subsection (d)
11shall be deemed to be necessary for the public interest,
12safety, and welfare.
13    (e) In order to provide for the expeditious and timely
14implementation of the State's fiscal year 2000 budget,
15emergency rules to implement any provision of Public Act 91-24
16or any other budget initiative for fiscal year 2000 may be
17adopted in accordance with this Section by the agency charged
18with administering that provision or initiative, except that
19the 24-month limitation on the adoption of emergency rules and
20the provisions of Sections 5-115 and 5-125 do not apply to
21rules adopted under this subsection (e). The adoption of
22emergency rules authorized by this subsection (e) shall be
23deemed to be necessary for the public interest, safety, and
24welfare.
25    (f) In order to provide for the expeditious and timely
26implementation of the State's fiscal year 2001 budget,

 

 

SB1657 Engrossed- 60 -LRB100 08489 RLC 18608 b

1emergency rules to implement any provision of Public Act 91-712
2or any other budget initiative for fiscal year 2001 may be
3adopted in accordance with this Section by the agency charged
4with administering that provision or initiative, except that
5the 24-month limitation on the adoption of emergency rules and
6the provisions of Sections 5-115 and 5-125 do not apply to
7rules adopted under this subsection (f). The adoption of
8emergency rules authorized by this subsection (f) shall be
9deemed to be necessary for the public interest, safety, and
10welfare.
11    (g) In order to provide for the expeditious and timely
12implementation of the State's fiscal year 2002 budget,
13emergency rules to implement any provision of Public Act 92-10
14or any other budget initiative for fiscal year 2002 may be
15adopted in accordance with this Section by the agency charged
16with administering that provision or initiative, except that
17the 24-month limitation on the adoption of emergency rules and
18the provisions of Sections 5-115 and 5-125 do not apply to
19rules adopted under this subsection (g). The adoption of
20emergency rules authorized by this subsection (g) shall be
21deemed to be necessary for the public interest, safety, and
22welfare.
23    (h) In order to provide for the expeditious and timely
24implementation of the State's fiscal year 2003 budget,
25emergency rules to implement any provision of Public Act 92-597
26or any other budget initiative for fiscal year 2003 may be

 

 

SB1657 Engrossed- 61 -LRB100 08489 RLC 18608 b

1adopted in accordance with this Section by the agency charged
2with administering that provision or initiative, except that
3the 24-month limitation on the adoption of emergency rules and
4the provisions of Sections 5-115 and 5-125 do not apply to
5rules adopted under this subsection (h). The adoption of
6emergency rules authorized by this subsection (h) shall be
7deemed to be necessary for the public interest, safety, and
8welfare.
9    (i) In order to provide for the expeditious and timely
10implementation of the State's fiscal year 2004 budget,
11emergency rules to implement any provision of Public Act 93-20
12or any other budget initiative for fiscal year 2004 may be
13adopted in accordance with this Section by the agency charged
14with administering that provision or initiative, except that
15the 24-month limitation on the adoption of emergency rules and
16the provisions of Sections 5-115 and 5-125 do not apply to
17rules adopted under this subsection (i). The adoption of
18emergency rules authorized by this subsection (i) shall be
19deemed to be necessary for the public interest, safety, and
20welfare.
21    (j) In order to provide for the expeditious and timely
22implementation of the provisions of the State's fiscal year
232005 budget as provided under the Fiscal Year 2005 Budget
24Implementation (Human Services) Act, emergency rules to
25implement any provision of the Fiscal Year 2005 Budget
26Implementation (Human Services) Act may be adopted in

 

 

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1accordance with this Section by the agency charged with
2administering that provision, except that the 24-month
3limitation on the adoption of emergency rules and the
4provisions of Sections 5-115 and 5-125 do not apply to rules
5adopted under this subsection (j). The Department of Public Aid
6may also adopt rules under this subsection (j) necessary to
7administer the Illinois Public Aid Code and the Children's
8Health Insurance Program Act. The adoption of emergency rules
9authorized by this subsection (j) shall be deemed to be
10necessary for the public interest, safety, and welfare.
11    (k) In order to provide for the expeditious and timely
12implementation of the provisions of the State's fiscal year
132006 budget, emergency rules to implement any provision of
14Public Act 94-48 or any other budget initiative for fiscal year
152006 may be adopted in accordance with this Section by the
16agency charged with administering that provision or
17initiative, except that the 24-month limitation on the adoption
18of emergency rules and the provisions of Sections 5-115 and
195-125 do not apply to rules adopted under this subsection (k).
20The Department of Healthcare and Family Services may also adopt
21rules under this subsection (k) necessary to administer the
22Illinois Public Aid Code, the Senior Citizens and Persons with
23Disabilities Property Tax Relief Act, the Senior Citizens and
24Disabled Persons Prescription Drug Discount Program Act (now
25the Illinois Prescription Drug Discount Program Act), and the
26Children's Health Insurance Program Act. The adoption of

 

 

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1emergency rules authorized by this subsection (k) shall be
2deemed to be necessary for the public interest, safety, and
3welfare.
4    (l) In order to provide for the expeditious and timely
5implementation of the provisions of the State's fiscal year
62007 budget, the Department of Healthcare and Family Services
7may adopt emergency rules during fiscal year 2007, including
8rules effective July 1, 2007, in accordance with this
9subsection to the extent necessary to administer the
10Department's responsibilities with respect to amendments to
11the State plans and Illinois waivers approved by the federal
12Centers for Medicare and Medicaid Services necessitated by the
13requirements of Title XIX and Title XXI of the federal Social
14Security Act. The adoption of emergency rules authorized by
15this subsection (l) shall be deemed to be necessary for the
16public interest, safety, and welfare.
17    (m) In order to provide for the expeditious and timely
18implementation of the provisions of the State's fiscal year
192008 budget, the Department of Healthcare and Family Services
20may adopt emergency rules during fiscal year 2008, including
21rules effective July 1, 2008, in accordance with this
22subsection to the extent necessary to administer the
23Department's responsibilities with respect to amendments to
24the State plans and Illinois waivers approved by the federal
25Centers for Medicare and Medicaid Services necessitated by the
26requirements of Title XIX and Title XXI of the federal Social

 

 

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1Security Act. The adoption of emergency rules authorized by
2this subsection (m) shall be deemed to be necessary for the
3public interest, safety, and welfare.
4    (n) In order to provide for the expeditious and timely
5implementation of the provisions of the State's fiscal year
62010 budget, emergency rules to implement any provision of
7Public Act 96-45 or any other budget initiative authorized by
8the 96th General Assembly for fiscal year 2010 may be adopted
9in accordance with this Section by the agency charged with
10administering that provision or initiative. The adoption of
11emergency rules authorized by this subsection (n) shall be
12deemed to be necessary for the public interest, safety, and
13welfare. The rulemaking authority granted in this subsection
14(n) shall apply only to rules promulgated during Fiscal Year
152010.
16    (o) In order to provide for the expeditious and timely
17implementation of the provisions of the State's fiscal year
182011 budget, emergency rules to implement any provision of
19Public Act 96-958 or any other budget initiative authorized by
20the 96th General Assembly for fiscal year 2011 may be adopted
21in accordance with this Section by the agency charged with
22administering that provision or initiative. The adoption of
23emergency rules authorized by this subsection (o) is deemed to
24be necessary for the public interest, safety, and welfare. The
25rulemaking authority granted in this subsection (o) applies
26only to rules promulgated on or after July 1, 2010 (the

 

 

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1effective date of Public Act 96-958) through June 30, 2011.
2    (p) In order to provide for the expeditious and timely
3implementation of the provisions of Public Act 97-689,
4emergency rules to implement any provision of Public Act 97-689
5may be adopted in accordance with this subsection (p) by the
6agency charged with administering that provision or
7initiative. The 150-day limitation of the effective period of
8emergency rules does not apply to rules adopted under this
9subsection (p), and the effective period may continue through
10June 30, 2013. The 24-month limitation on the adoption of
11emergency rules does not apply to rules adopted under this
12subsection (p). The adoption of emergency rules authorized by
13this subsection (p) is deemed to be necessary for the public
14interest, safety, and welfare.
15    (q) In order to provide for the expeditious and timely
16implementation of the provisions of Articles 7, 8, 9, 11, and
1712 of Public Act 98-104, emergency rules to implement any
18provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
19may be adopted in accordance with this subsection (q) by the
20agency charged with administering that provision or
21initiative. The 24-month limitation on the adoption of
22emergency rules does not apply to rules adopted under this
23subsection (q). The adoption of emergency rules authorized by
24this subsection (q) is deemed to be necessary for the public
25interest, safety, and welfare.
26    (r) In order to provide for the expeditious and timely

 

 

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1implementation of the provisions of Public Act 98-651,
2emergency rules to implement Public Act 98-651 may be adopted
3in accordance with this subsection (r) by the Department of
4Healthcare and Family Services. The 24-month limitation on the
5adoption of emergency rules does not apply to rules adopted
6under this subsection (r). The adoption of emergency rules
7authorized by this subsection (r) is deemed to be necessary for
8the public interest, safety, and welfare.
9    (s) In order to provide for the expeditious and timely
10implementation of the provisions of Sections 5-5b.1 and 5A-2 of
11the Illinois Public Aid Code, emergency rules to implement any
12provision of Section 5-5b.1 or Section 5A-2 of the Illinois
13Public Aid Code may be adopted in accordance with this
14subsection (s) by the Department of Healthcare and Family
15Services. The rulemaking authority granted in this subsection
16(s) shall apply only to those rules adopted prior to July 1,
172015. Notwithstanding any other provision of this Section, any
18emergency rule adopted under this subsection (s) shall only
19apply to payments made for State fiscal year 2015. The adoption
20of emergency rules authorized by this subsection (s) is deemed
21to be necessary for the public interest, safety, and welfare.
22    (t) In order to provide for the expeditious and timely
23implementation of the provisions of Article II of Public Act
2499-6, emergency rules to implement the changes made by Article
25II of Public Act 99-6 to the Emergency Telephone System Act may
26be adopted in accordance with this subsection (t) by the

 

 

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1Department of State Police. The rulemaking authority granted in
2this subsection (t) shall apply only to those rules adopted
3prior to July 1, 2016. The 24-month limitation on the adoption
4of emergency rules does not apply to rules adopted under this
5subsection (t). The adoption of emergency rules authorized by
6this subsection (t) is deemed to be necessary for the public
7interest, safety, and welfare.
8    (u) In order to provide for the expeditious and timely
9implementation of the provisions of the Burn Victims Relief
10Act, emergency rules to implement any provision of the Act may
11be adopted in accordance with this subsection (u) by the
12Department of Insurance. The rulemaking authority granted in
13this subsection (u) shall apply only to those rules adopted
14prior to December 31, 2015. The adoption of emergency rules
15authorized by this subsection (u) is deemed to be necessary for
16the public interest, safety, and welfare.
17    (v) In order to provide for the expeditious and timely
18implementation of the provisions of Public Act 99-516,
19emergency rules to implement Public Act 99-516 may be adopted
20in accordance with this subsection (v) by the Department of
21Healthcare and Family Services. The 24-month limitation on the
22adoption of emergency rules does not apply to rules adopted
23under this subsection (v). The adoption of emergency rules
24authorized by this subsection (v) is deemed to be necessary for
25the public interest, safety, and welfare.
26    (w) In order to provide for the expeditious and timely

 

 

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1implementation of the provisions of Public Act 99-796,
2emergency rules to implement the changes made by Public Act
399-796 may be adopted in accordance with this subsection (w) by
4the Adjutant General. The adoption of emergency rules
5authorized by this subsection (w) is deemed to be necessary for
6the public interest, safety, and welfare.
7    (x) In order to provide for the expeditious and timely
8implementation of the provisions of Public Act 99-906 this
9amendatory Act of the 99th General Assembly, emergency rules to
10implement subsection (i) of Section 16-115D, subsection (g) of
11Section 16-128A, and subsection (a) of Section 16-128B of the
12Public Utilities Act may be adopted in accordance with this
13subsection (x) by the Illinois Commerce Commission. The
14rulemaking authority granted in this subsection (x) shall apply
15only to those rules adopted within 180 days after June 1, 2017
16(the effective date of Public Act 99-906) this amendatory Act
17of the 99th General Assembly. The adoption of emergency rules
18authorized by this subsection (x) is deemed to be necessary for
19the public interest, safety, and welfare.
20    (y) In order to provide for the expeditious and timely
21implementation of the provisions of the Gun Dealer Licensing
22Act, emergency rules to implement any provision of the Act may
23be adopted in accordance with this subsection (y) by the
24Department of Financial and Professional Regulation. The
25rulemaking authority granted in this subsection (y) shall apply
26only to those rules adopted no later than one year after the

 

 

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1effective date of this amendatory Act of the 100th General
2Assembly. The adoption of emergency rules authorized by this
3subsection (y) is deemed to be necessary for the public
4interest, safety, and welfare.
5(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13;
698-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16;
799-143, eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff.
86-30-16; 99-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906,
9eff. 6-1-17; revised 1-1-17.)
 
10    Section 995. No acceleration or delay. Where this Act makes
11changes in a statute that is represented in this Act by text
12that is not yet or no longer in effect (for example, a Section
13represented by multiple versions), the use of that text does
14not accelerate or delay the taking effect of (i) the changes
15made by this Act or (ii) provisions derived from any other
16Public Act.