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Full Text of HB1016  99th General Assembly

HB1016ham006 99TH GENERAL ASSEMBLY

Rep. Kathleen Willis

Filed: 5/26/2016

 

 


 

 


 
09900HB1016ham006LRB099 04847 RLC 49297 a

1
AMENDMENT TO HOUSE BILL 1016

2    AMENDMENT NO. ______. Amend House Bill 1016 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1license or dealer license under this Act.
2    "Board" means the Gun Dealer Licensing Board.
3    "Confidential or security information" means information
4which identifies the purchasers or other transferees of
5firearms from a dealer or dealership.
6    "Dealer" has the meanings provided by 18 U.S.C. 921(a)(11)
7and 27 CFR 478.11 to include any person engaged in the business
8of selling firearms at wholesale or retail, or repairing
9firearms or making or fitting special barrels, stocks, or
10trigger mechanisms to firearms.
11    "Dealership" means a person, firm, corporation, or other
12legal entity that engages in the business of selling, leasing,
13or otherwise transferring firearms and employs, in addition to
14the gun dealer licensee-in-charge, at least one other
15dealership agent.
16    "Dealership agent" means an owner, officer, paid or unpaid
17agent, volunteer or employee of a licensed dealership who has
18access to or control of firearms in the inventory of the
19dealership or confidential or security information of the
20dealership.
21    "Dealership licensee-in-charge" or "licensee-in-charge"
22means a dealer who has been designated by a dealership to be
23the licensee-in-charge of the dealership, who is a full-time
24management employee or owner who assumes sole responsibility
25for maintaining all records required by this Act, and who
26assumes sole responsibility for assuring the dealership's

 

 

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1compliance with its responsibilities as stated in this Act. The
2Department shall adopt rules mandating licensee-in-charge
3participation in dealership affairs.
4    "Department" means the Department of Financial and
5Professional Regulation.
6    "Engage in the business" means, as provided in 18 U.S.C.
7921(a)(21)(D) and 27 CFR 478.11(a), a "person who devotes time,
8attention, and labor to engaging in such activity as a regular
9course of trade or business with the principal objective of
10livelihood and profit."
11    "Gunsmith" means, as defined in 27 CFR 478.11(d), any
12person who receives firearms (frames receivers, or otherwise)
13provided by a customer for the purpose of repairing, modifying,
14embellishing, refurbishing, or installing parts in or on those
15firearms. A gunsmith is not "engaged in business" of
16manufacturing firearms because the firearms being produced are
17not owned by the gunsmith and he does not sell or distribute
18the firearms manufactured.
19    "Firearm" has the same meaning as "firearm" in Section 1.1
20of the Firearm Owners Identification Card Act.
21    "Licensee" means a dealer or a dealership licensed under
22this Act. Anyone who holds himself or herself out as a licensee
23or who is accused of unlicensed business is considered a
24licensee for purposes of enforcement, investigation, hearings,
25and the Illinois Administrative Procedure Act.
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.
4    "Secretary" means the Secretary of Financial and
5Professional Regulation.
 
6    Section 10. License requirement.
7    (a) It is unlawful for a person to engage in the business
8of selling, leasing, or otherwise transferring firearms
9without a license under this Act. A dealership agent other than
10a dealer licensee-in-charge may act on behalf of the licensed
11dealership under Section 75 without being licensed as a dealer
12under this Act.
13    (b) It is unlawful for a person, firm, corporation, group
14of individuals, or other legal entity to act as a dealership
15licensed under this Act, to advertise, or to assume to act as a
16licensed dealership or to use a title implying that the person,
17firm, or other entity is engaged in business as a dealership
18without a license under this Act. An individual or sole
19proprietor licensed as a dealer who operates without any
20dealership agents may act as a dealership without having to
21obtain a dealership license, provided the dealer notifies the
22Department that he or she is operating in this manner and
23provides the information required under Section 65, as
24determined to be applicable to the dealer by the Department.
25The dealer may operate under a "doing business as" or assumed

 

 

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1name certification so long as the assumed name is first
2registered with the Department.
3    (c) No dealership shall operate a branch office without
4first applying for and receiving a branch office license for
5each location. The term "branch office" does not include a
6location at which the dealership conducts business
7temporarily, such as at a gun show.
8    (d) It is unlawful to obtain or attempt to obtain any
9license or authorization issued under this Act by fraudulent
10misrepresentation.
11    (e) A person who violates any provision of this Section is
12guilty of a Class A misdemeanor for a first violation, and a
13Class 4 felony for a second or subsequent violation.
14    (f) In addition to any other penalty provided by law, any
15person or entity who violates any provision of this Section
16shall, pay a civil penalty to the Department in an amount not
17to exceed $10,000 for each offense as determined by the
18Department. The civil penalty shall be assessed by the
19Department after a hearing is held in accordance with the
20provisions set forth in this Act regarding the provision of a
21hearing for the discipline of a licensee.
22    (g) The Department has the authority and power to
23investigate any and all unlicensed activity.
24    (h) The civil penalty shall be paid within 60 days after
25the effective date of the order imposing the civil penalty. The
26order shall constitute a judgment and may be filed and

 

 

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1execution had thereon in the same manner as any judgment from
2any court of record.
 
3    Section 15. Exemptions. The provisions of this Act related
4to the licensure of dealers and dealerships do not apply to a
5person or other entity that engages in the following
6activities:
7    (1) transfers of less than 10 firearms within each calendar
8year;
9    (2) temporary transfers of firearms solely for use at the
10location or on the premises where the transfer takes place,
11such as transfers at a shooting range for use at that location;
12    (3) temporary transfers of firearms solely for use while in
13the presence of the transferor, such as transfers for the
14purposes of firearm safety training by a training instructor;
15    (4) transfers of firearms among immediate family or
16household members, as "immediate family or household member" is
17defined in Section 3-2.7-10 of the Unified Code of Corrections;
18    (5) transfers by persons or entities acting under operation
19of law or a court order;
20    (6) transfers by persons or entities liquidating all or
21part of a collection, provided that a person or entity is not
22considered to be liquidating a collection if the person or
23entity acquires more than one additional firearm within the
243-year period after the transfer;
25    (7) transfers of firearms that have been rendered

 

 

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1permanently inoperable to a nonprofit historical society,
2museum, or institutional collection;
3    (8) transfers by a law enforcement or corrections agency or
4a law enforcement or corrections officer acting within the
5course and scope of his or her official duties;
6    (9) transfers by a person who has his or her Firearm
7Owner's Identification Card revoked to a State or local law
8enforcement agency;
9    (10) transfers of curios and relics, as defined under
10federal law, between collectors licensed under subsection (b)
11of Section 923 of the federal Gun Control Act of 1968;
12    (11) transfers of firearms by a store in which 20% or less
13of that store's annual sales is from the sale of firearms;
14    (12) a person who possess a license to manufacture firearms
15as defined under subsection (a) of Section 923 of the federal
16Gun Control Act of 1968; or
17    (13) a person who is actually engaged in the business of
18manufacturing and selling any piece or part of a firearm, but
19only with respect to the activities which are within the lawful
20scope of that business, and who possesses a license under
21subsection (a) of Section 923 of the federal Gun Control Act of
221968.
 
23    Section 20. Powers and duties of the Department. Subject to
24the provisions of this Act, the Department shall exercise the
25following powers and duties:

 

 

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1        (1) Prescribe forms to be issued for the administration
2    and enforcement of this Act.
3        (2) Prescribe and publish rules for issuance of dealer
4    licenses and dealership licenses authorizing qualified
5    applicants to engage in the business of selling, leasing,
6    or otherwise transferring firearms.
7        (3) Review application to ascertain the qualifications
8    of applicants for licenses.
9        (4) Examine the records of licensees or investigate any
10    other aspect of the business of selling, leasing, or
11    otherwise transferring firearms.
12        (5) Conduct hearings on proceedings to refuse to issue
13    or renew licenses or to revoke, suspend, place on
14    probation, reprimand, or take any other disciplinary or
15    non-disciplinary action against licenses issued under this
16    Act.
17        (6) Formulate rules required for the administration of
18    this Act. Notice of proposed rulemaking shall be
19    transmitted to the Board, and the Department shall review
20    the Board's response and any recommendations made in the
21    response.
22        (7) Solicit the advice and expert knowledge of the
23    Board on any matter relating to the administration and
24    enforcement of this Act.
25        (8) Maintain rosters of the names and addresses of all
26    licensees and all persons whose licenses have been

 

 

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1    suspended, revoked, denied renewal, or otherwise
2    disciplined within the previous calendar year. These
3    rosters shall be available upon written request and payment
4    of the required fee as established by rule.
5        (9) Exercise the powers and duties prescribed by the
6    Civil Administrative Code of Illinois for the
7    administration of licensing Acts.
8        (10) Contract with the Department of State Police, as
9    necessary, to perform inspections of licensees, as
10    provided under this Act.
 
11    Section 25. The Gun Dealer Licensing Board.
12    (a) The Gun Dealer Licensing Board shall consist of 5
13members to be appointed by the Secretary. Each member shall
14have a reasonable knowledge of the federal and State laws
15regarding firearms. Each member shall either be a resident of
16this State or shall certify that he or she will become a
17resident of this State before taking office. The Board shall
18consist of:
19        (1) one member with at least 5 years of service as a
20    county sheriff or chief of police of a municipal police
21    department within this State;
22        (2) one representative of the Department State Police
23    with at least 5 years investigative experience or duties
24    related to criminal justice;
25        (3) one member with at least 5 years of experience as a

 

 

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1    federally licensed firearms dealer in good standing within
2    this State;
3        (4) one member who is a representative of an advocacy
4    group for public safety; and
5        (5) one member shall be a lawyer licensed to practice
6    law in this State. The membership shall reasonably reflect
7    the different geographic areas in this State.
8    (b) Members shall serve 4 year terms and may serve until
9their successors are appointed and qualified. Partial terms of
10over 2 years in length shall be considered full terms. No
11member shall serve for more than 2 successive terms. Whenever a
12vacancy in the Board occurs, the remaining members of the Board
13shall notify the Secretary of that vacancy within 5 days after
14its occurrence and the Secretary shall fill the vacancy within
1545 days. Appointments to fill vacancies shall be made in the
16same manner as the original appointments for the unexpired
17portion of the vacated term.
18    (c) The Secretary may recommend the removal of any member
19of the Board for cause at any time before the expiration of his
20or her term. A majority vote of the members is required for a
21decision to remove any member of the Board. A member subject to
22formal disciplinary proceedings shall disqualify himself or
23herself from all Board business until the charge is resolved. A
24member also shall disqualify himself or herself from any matter
25on which the member cannot act objectively.
26    (d) The Board shall annually elect one of its members as

 

 

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1chairperson and one of its members as vice-chair.
2    (e) Members shall receive compensation as set by law. Each
3member shall receive reimbursement as set by the Governor's
4Travel Control Board for expenses incurred in carrying out the
5duties as a Board member.
6    (f) A majority of Board members constitutes a quorum. A
7majority vote of the members is required for a decision. A
8vacancy in the membership of the Board shall not impair the
9right of a quorum to exercise all of the rights and perform all
10of the duties of the Board.
11    (g) The Board may recommend policies, procedures, and rules
12relevant to the administration and enforcement of this Act.
 
13    Section 30. Application for license; forms.
14    (a) Each license application shall be on forms provided by
15the Department.
16    (b) Every application for an original dealer license shall
17include the applicant's social security number, which shall be
18retained in the dealership's records pertaining to the license.
19As soon as practical, the Department shall assign a customer's
20identification number to each applicant for a license.
21    Every application for a renewal or restored license shall
22require the applicant's customer identification number.
23    (c) Beginning January 1, 2018, the Department shall accept
24applications for dealership licenses and dealer licenses.
 

 

 

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1    Section 35. Issuance of license; renewal; fees.
2    (a) The Department shall, upon the applicant's
3satisfactory completion of the requirements under this Act and
4receipt of the fee, issue the license indicating the name and
5business location of the licensee and the date of expiration.
6On or before December 31, 2018, the Department shall issue
7dealer and dealership licenses to all qualified applicants
8whose business existed in that location on the effective date
9of this Act, and who submitted the application to the
10Department on or after January 1, 2018 but before October 1,
112018. If an applicant submits an application for a license
12before October 1, 2018 and the Department does not issue or
13deny the license on or before December 31, 2018, or the
14Department does not issue or deny a license within 90 days to
15an applicant who submits an application for a license or
16renewal of a license on October 1, 2018 or thereafter, the
17applicant or licensee shall not be in violation of this Act on
18the basis of continuing to operate the business.
19    (b) The expiration date, renewal period, and conditions for
20renewal and restoration of each license shall be set by rule.
21The holder may renew the license during the 90 days preceding
22its expiration by paying the required fee and by meeting
23conditions that the Department may specify. As a condition of
24renewal of a dealer's license, the Department shall receive
25from the applicant a copy of his or her valid and unexpired
26concealed carry license, or shall verify the validity of the

 

 

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

 

 

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1States of America, or (2) in training or education under the
2supervision of the United States preliminary to induction into
3the military service, may have his or her license restored
4without paying any lapsed renewal fees or restoration fee, if
5within 2 years after termination of that service, training or
6education, other than by dishonorable discharge, he or she
7furnishes the Department with an affidavit to the effect that
8he or she has been so engaged and that his or her service,
9training or education has been so terminated.
10    (f) A license shall not be denied any applicant because of
11the race, religion, creed, national origin, political beliefs
12or activities, age, sex, sexual orientation, or physical
13disability that does not affect a person's ability to practice
14with reasonable judgment, skill, or safety.
 
15    Section 40. Qualifications for licensure as a dealer.
16    (a) A person is qualified for licensure as a dealer if he
17or she meets all of the following requirements:
18        (1) is at least 21 years of age;
19        (2) has a currently valid and unexpired concealed carry
20    license or Firearm Owner's Identification Card. The
21    Department shall verify the validity of the applicant's
22    Firearm Owner's Identification Card through the Department
23    of State Police in a manner prescribed by rule by the
24    Department of State Police. The Department of State Police
25    shall provide the Department with an approval number if the

 

 

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1    Firearm Owner's Identification Card is currently valid;
2        (3) has not had a license or permit to sell, lease,
3    transfer, purchase, or possess firearms from the federal
4    government or the government of any state or subdivision of
5    any state revoked or suspended for good cause within the
6    preceding 3 years, or been terminated from employment with
7    a licensee or former licensee for good cause within the
8    preceding 3 years;
9        (4) has a minimum of one year of experience, with a
10    minimum of 100 hours per year, during the 5 years
11    immediately preceding the application: (i) as a dealership
12    agent under this Act; or (ii) as a federal firearms dealer
13    licensed under Section 923 of the federal Gun Control Act
14    of 1968 (18 U.S.C. 923) or an employee of the business who
15    had access to firearms; and
16        (5) has paid the fees required by this Act.
17    (b) The Department may request a personal interview of an
18applicant before the Board to further evaluate his or her
19qualifications for a license.
 
20    Section 45. Qualifications for licensure as a dealership.
21    (a) Upon receipt of the required fee and the information
22listed in subsection (b) of this Section, the Department shall
23issue a license as a dealership to any of the following:
24        (1) An individual who submits an application and is a
25    licensed dealer under this Act.

 

 

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

 

 

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1        record of each partner and the name of the partnership;
2            (C) if a corporation, then the name, address of
3        record, and title of each corporate officer and
4        director, the corporate names, and the name of the
5        state of incorporation; and
6            (D) if a sole proprietorship, then the full name
7        and address of record of the sole proprietor and the
8        name of the business entity.
9        (5) The name and license number of the
10    licensee-in-charge for the dealership.
11        (6) Proof that the applicant has applied for or
12    received a certificate of registration under the
13    Retailers' Occupation Tax Act.
14        (7) From the sheriff of the county in which the
15    business address is located either (A) written
16    confirmation stating that, to the best of the sheriff's
17    knowledge, the applicant is in compliance with applicable
18    federal, State, and local laws, or (B) objection in writing
19    to a license applicant based upon a reasonable suspicion
20    that the applicant is not in compliance with applicable
21    federal, State, and local laws. A written confirmation or
22    objection may be submitted to the Department up to 30 days
23    after the date of application. If no written confirmation
24    or objection is made under this paragraph (7) within 30
25    days after the date of the application, the Department
26    shall process the application in accordance with this Act.

 

 

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1    A municipality or county may impose additional
2    requirements for the operation of gun dealers and
3    dealerships beyond the requirements of this Act and
4    consistent with the United States Constitution and the
5    Constitution of the State of Illinois, including local
6    license requirements. It shall be the duty of local
7    authorities to investigate and enforce any failure of a
8    dealer or dealership to meet these requirements and to
9    notify the Department of these investigations and
10    enforcement actions. This paragraph (7) supersedes Section
11    13.1 of the Firearm Owners Identification Card Act and
12    Section 90 of the Firearm Concealed Carry Act as applied to
13    the local regulation of dealers and dealerships.
14        (8) Proof that the dealership is properly licensed as a
15    firearms dealer under federal law.
16        (9) A final inspection report demonstrating that the
17    Department has determined upon inspection that the
18    proposed business premises comply with Section 70.
19    (c) No dealer may be the licensee-in-charge for more than
20one dealership. Upon written request by a representative of a
21dealership, within 10 days after the loss of a
22licensee-in-charge of a dealership because of the death of that
23individual or because of the termination of the employment of
24that individual, the Department shall issue a temporary
25certificate of authority allowing the continuing operation of
26the licensed dealership. No temporary certificate of authority

 

 

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1shall be valid for more than 90 days. An extension of an
2additional 90 days may be granted upon written request by the
3representative of the dealership. Not more than 2 extensions
4may be granted to any dealership. No temporary permit shall be
5issued for loss of the licensee-in-charge because of
6disciplinary action by the Department related to his or her
7conduct on behalf of the dealership.
8    (d) The Department may request a personal interview of a
9gun dealership licensee-in-charge to evaluate the dealership's
10qualifications for a license.
 
11    Section 50. Display of license. Each licensee shall
12prominently display his or her individual, agency, or branch
13office license at each place where business is being conducted,
14as required under this Act. A licensee-in-charge is required to
15post his or her license only at the dealership office.
 
16    Section 55. Requirements; prohibitions.
17    (a) The Department of Financial and Professional
18Regulation shall implement the provisions of this Section by
19rule.
20    (b) A licensee shall maintain operating documents which
21shall include procedures for the oversight of the licensee and
22procedures to ensure accurate recordkeeping.
23    (c) By the date of application, a licensee shall implement
24appropriate security measures, as provided by rule, to deter

 

 

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1and prevent the theft of firearms and unauthorized entrance
2into areas containing firearms. The rules may provide for:
3        (1) the manner of securing firearms when the location
4    is both open and closed for business;
5        (2) alarm systems for licensees; and
6        (3) other reasonable requirements to deter illegal
7    sales and reduce the risk of burglaries and other crimes or
8    accidents at licensees' business establishments.
9    (d) The area where the licensee stores firearms that are
10inventory of the licensee shall only be accessed by dealership
11agents, Department of Financial and Professional Regulation
12staff performing inspections, law enforcement or other
13emergency personnel, and contractors working on jobs unrelated
14to firearms, such as installing or maintaining security devices
15or performing electrical wiring.
16    (e) A licensee shall operate its business and conduct all
17sales and transfers of firearms or in compliance with all
18federal and State laws, and maintain all records as required by
19federal and State laws.
20    (f) A licensee shall not allow any person to handle
21firearms while intoxicated.
22    (g) A licensee shall post in a conspicuous position on the
23premises where the licensee conducts business a sign that
24contains the following warning in block letters not less than
25one inch in height:
26        "With few exceptions, it is unlawful for you to:

 

 

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1            (1) store or leave an unsecured firearm in a place
2        where a child can obtain access to it,
3            (2) sell or transfer your firearm to someone else
4        without receiving approval for the transfer from the
5        Department of State Police, or
6            (3) fail to report the loss or theft of your
7        firearm to local law enforcement within 72 hours."
8    A licensee shall post any additional warnings or provide
9any other information regarding firearms laws and the safe
10storage of firearms to consumers as required by the Department
11by rule.
12    (h) Before issuance, renewal, or restoration of a
13dealership license, the Department shall inspect the premises
14of the proposed business to ensure compliance with this Act.
15Licensees shall have their places of business open for
16inspection by the Department and law enforcement during all
17hours of operation, provided that the Department may conduct no
18more than one unannounced inspection per dealer or dealership
19per year without good cause. Licensees shall make all records,
20documents, and firearms accessible for inspection upon the
21request of law enforcement and the Department.
22    (i) The premises where the licensee conducts business shall
23not be located in any district or area that is within 500 feet
24of any school, pre-school, or day-care facility. This
25subsection (i) does not apply to a licensee whose business
26existed in that location on the effective date of this Act, and

 

 

09900HB1016ham006- 22 -LRB099 04847 RLC 49297 a

1does not limit the authority of a local government to impose
2and enforce additional limits on the location of a business
3regulated under this Act.
 
4    Section 60. Dealership agent requirements. A licensed
5dealership may employ in the conduct of his or her business
6dealership agents under the following provisions:
7    (1) A dealership shall not knowingly allow a person to have
8unsupervised access to firearms in the inventory of the
9dealership or confidential or security information who:
10        (A) is younger than 21 years of age;
11        (B) Does not have a valid and unexpired concealed carry
12    license or Firearm Owner's Identification Card; or
13        (C) Has had a license denied, suspended, or revoked
14    under this Act, or been terminated from employment as a
15    dealership agent:
16            (i) within one year before the date the person's
17        application for employment with the dealership; and
18            (ii) that refusal, denial, suspension, revocation,
19        or termination was based on any provision of this Act.
20    (2) No person may act as a dealership agent under this
21Section until he or she has executed and furnished to the
22employer, on forms furnished by the Department, a verified
23statement to be known as "Dealership Agent's Statement" setting
24forth:
25        (A) The person's full name, age, and residence address.

 

 

09900HB1016ham006- 23 -LRB099 04847 RLC 49297 a

1        (B) That the person has not had a license denied,
2    revoked, or suspended under this Act, or been terminated
3    from employment as a dealership agent:
4            (i) within one year before the date the person's
5        application for employment with the dealership; and
6            (ii) that refusal, denial, suspension, revocation,
7        or termination was based on any provision of this Act.
8        (C) That the person will notify the dealership
9    immediately if his or her Firearm Owner's Identification
10    Card or concealed carry license is revoked for any reason.
11        (D) That the person will not divert firearms in
12    violation of the law.
13    (3) Each applicant for employment as a dealership agent
14shall provide a copy of his or her valid and unexpired
15concealed carry license, or have the validity of his or her
16Firearm Owner's Identification Card confirmed by the
17dealership through the Department of State Police in a manner
18prescribed by rule by the Department of State Police. The
19Department of State Police shall provide the dealership with an
20approval number if the Firearm Owner's Identification Card is
21currently valid.
22    (4) As part of an application for renewal or restoration of
23a dealership license, the dealership shall confirm the validity
24of the Firearm Owner's Identification Card of each dealership
25agent employed by the dealership, and record the unique
26approval number provided by the Department of State Police in

 

 

09900HB1016ham006- 24 -LRB099 04847 RLC 49297 a

1the record maintained under paragraph (5) of this Section,
2provided that a dealership shall not be required to confirm the
3validity of the Firearm Owner's Identification Card of a
4dealership agent if the dealership has already confirmed the
5validity of the dealership agent's Firearm Owner's
6Identification Card within the last 6 months or the dealership
7agent has provided the dealership with a copy of his or her
8valid and unexpired concealed carry license within the last 6
9months.
10    (5) Each dealership shall maintain a record of each
11dealership agent that is accessible to the Department. The
12record shall contain the following information:
13        (A) The Dealership Agent's Statement specified in
14    paragraph (2) of this Section; and
15        (B) A copy of the dealership agent's concealed carry
16    license or Firearm Owner's Identification Card, and the
17    approval number provided by the Department of State Police
18    when the dealership last confirmed the validity of the
19    dealership agent's Firearm Owner's Identification Card.
20    The Department may, by rule, prescribe further record
21    requirements.
22    (6) Every dealership shall maintain a separate roster of
23the names of all dealership agents and submit the roster to the
24Department on request.
25    (7) No dealership may employ any person to perform a
26licensed activity under this Act unless the person possesses a

 

 

09900HB1016ham006- 25 -LRB099 04847 RLC 49297 a

1valid dealer license under this Act or the requirements of this
2Section are met, or the person is exempt under paragraph (8) of
3this Section.
4    (8) Peace officers shall be exempt from the requirements of
5this Section relating to Firearm Owner's Identification Cards
6and concealed carry licenses. The dealership shall remain
7responsible for any peace officer employed under this
8exemption, regardless of whether the peace officer is
9compensated as an employee or as an independent contractor and
10as further defined by rule.
11    (9) Persons who have no unsupervised access to firearms in
12the inventory of a dealership or confidential or security
13information are exempt from the requirements of a dealership
14agent.
15    (10) This Section shall apply to unpaid or paid volunteers
16or other agents of the dealership who will have access to or
17control over firearms in the inventory of the dealership or
18confidential or security information, just as it applies to
19paid employees.
 
20    Section 65. Employment requirement. A dealership licensed
21under this Act is prohibited from evading or attempting to
22evade the requirements for dealership agents under this Act by
23engaging a contractor or independent contractor to perform the
24activities of a dealer or dealership agent, unless that person
25is licensed under this Act.
 

 

 

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1    Section 70. Disciplinary sanctions.
2    (a) The Department may deny issuance, refuse to renew, or
3restore or may reprimand, place on probation, suspend, revoke,
4or take other disciplinary or non-disciplinary action against
5any license, may impose a fine not to exceed $10,000 for each
6violation, and may assess costs as provided for under Section
7135, for any of the following, consistent with the Protection
8of Lawful Commerce in Arms Act, 15 U.S.C. 7901 through 7903 or
9amendments thereto:
10        (1) Material misstatement in furnishing information to
11    the Department or to any other State or federal agency.
12        (2) Violations of this Act, any of the rules adopted
13    under this Act, or any law applicable to the sale or
14    transfer of firearms.
15        (3) Making any misrepresentation for the purpose of
16    obtaining licenses or cards.
17        (4) A pattern of practice or other behavior which
18    demonstrates incapacity or incompetency to practice under
19    this Act.
20        (5) Aiding or assisting another person in violating any
21    provision of this Act or rules adopted under this Act.
22        (6) Failing, within 60 days, to provide information in
23    response to a written request made by the Department.
24        (7) Conviction of or plea of guilty or plea of nolo
25    contendere to any crime that disqualifies the person from

 

 

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1    obtaining a valid Firearm Owner's Identification Card.
2        (8) Continued practice, although the person has become
3    unfit to practice due to any of the following:
4            (A) Physical illness, mental illness, or other
5        impairment, including, but not limited to,
6        deterioration through the aging process or loss of
7        motor skills that results in the inability to serve the
8        public with reasonable judgment, skill, or safety.
9            (B) Any circumstance that disqualifies the person
10        from obtaining a valid Firearm Owner's Identification
11        Card.
12            (C) Habitual or excessive use or abuse of drugs
13        defined in law as controlled substances, alcohol, or
14        any other substance that results in the inability to
15        practice with reasonable judgment, skill, or safety.
16        (9) Receiving, directly or indirectly, compensation
17    for any firearms sold or transferred illegally.
18        (10) Discipline by another United States jurisdiction,
19    foreign nation, or governmental agency, if at least one of
20    the grounds for the discipline is the same or substantially
21    equivalent to those set forth in this Act.
22        (11) Giving differential treatment to a person that is
23    to that person's detriment because of race, color, creed,
24    sex, sexual orientation, religion, or national origin.
25        (12) Violation of any disciplinary order imposed on a
26    licensee by the Department.

 

 

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1        (13) Conducting a dealership without a valid license.
2        (14) Revealing confidential or security information,
3    except as specifically authorized by law, including but not
4    limited to information about purchasers and transferees of
5    firearms, provided that a licensee or dealership agent may
6    disclose this information under a court order, subpoena, or
7    search warrant or to the Department or federal, State, or
8    local law enforcement agencies upon request.
9        (15) Purporting to be a licensee-in-charge of an agency
10    without active participation in the agency.
11        (16) A finding by the Department that the licensee,
12    after having his or her license placed on probationary
13    status, has violated the terms of probation.
14        (17) Failure to report in writing to the Department,
15    within 60 days of an entry of a settlement or a verdict in
16    excess of $10,000, any legal action in which the business
17    of the dealer, dealership, or dealership agent was the
18    subject of the legal action.
19    (b) All fines imposed under this Section shall be paid
20within 60 days after the effective date of the order imposing
21the fine.
 
22    Section 75. Suspension or revocation of dealership agent
23authority.
24    (a) Dealership agents shall be subject to the disciplinary
25sanctions of this Act and shall otherwise comply with this Act

 

 

09900HB1016ham006- 29 -LRB099 04847 RLC 49297 a

1and the rules adopted under it. Notwithstanding any other
2provision in this Act to the contrary, dealership agents shall
3not be responsible for compliance with any requirement that
4this Act assigns to the dealership or the licensee-in-charge
5regardless of the agent's job title, job duties, or position in
6the dealership. The procedures for disciplining a licensee
7shall also apply in taking action against a dealership agent.
8    (b) The revocation of a dealer's or dealership agent's
9Firearm Owner's Identification Card or concealed carry
10license, if applicable, operates as an automatic suspension of
11the dealer license or dealership agent's authority under this
12Act. The suspension will end only upon the issuance by the
13Department of State Police of a new Firearm Owner's
14Identification Card or concealed carry license to the dealer or
15dealership agent.
 
16    Section 80. Returned checks; fines. Any person who delivers
17a check or other payment to the Department that is returned to
18the Department unpaid by the financial institution upon which
19it is drawn shall pay to the Department, in addition to the
20amount already owed to the Department, a fine of $50. The fines
21imposed by this Section are in addition to any other discipline
22provided under this Act for unlicensed business or business on
23a nonrenewed license. The Department shall notify the person
24that payment of fees and fines shall be paid to the Department
25by certified check or money order within 30 calendar days of

 

 

09900HB1016ham006- 30 -LRB099 04847 RLC 49297 a

1the notification. If, after the expiration of 30 days from the
2date of the notification, the person has failed to submit the
3necessary remittance, the Department shall automatically
4terminate the license or deny the application, without hearing.
5If, after termination or denial, the person seeks a license, he
6or she shall apply to the Department for restoration or
7issuance of the license and pay all fees and fines due to the
8Department. The Department may establish a fee for the
9processing of an application for restoration of a license to
10pay all expenses of processing this application. The Secretary
11may waive the fines due under this Section in individual cases
12if the Secretary finds that the fines would be unreasonable or
13unnecessarily burdensome.
 
14    Section 85. Statute of limitations. No action may be taken
15under this Act against a person or entity licensed under this
16Act unless the action is commenced within 5 years after the
17occurrence of the alleged violations. A continuing violation
18shall be deemed to have occurred on the date when the
19circumstances last existed that give rise to the alleged
20violation.
 
21    Section 90. Complaints; investigations; hearings.
22    (a) The Department may investigate the actions of any
23applicant or of any person or persons holding or claiming to
24hold a license or registration under this Act.

 

 

09900HB1016ham006- 31 -LRB099 04847 RLC 49297 a

1    (b) The Department shall, before disciplining a licensee
2under Section 115 or refusing to issue or license, at least 30
3days before the date set for the hearing, (i) notify the
4accused in writing of the charges made and the time and place
5for the hearing on the charges, (ii) direct him or her to file
6a written answer to the charges under oath within 20 days after
7service, and (iii) inform the applicant or licensee that
8failure to answer will result in a default being entered
9against the applicant or licensee.
10    (c) At the time and place fixed in the notice, the Board or
11the hearing officer appointed by the Secretary shall proceed to
12hear the charges, and the parties or their counsel shall be
13accorded ample opportunity to present any pertinent
14statements, testimony, evidence, and arguments. The Board or
15hearing officer may continue the hearing from time to time. In
16case the person, after receiving the notice, fails to file an
17answer, his or her license may, in the discretion of the
18Secretary, having first received the recommendation of the
19Board, be suspended, revoked, or placed on probationary status,
20or be subject to whatever disciplinary action the Secretary
21considers proper, including limiting the scope, nature, or
22extent of the person's business or the imposition of a fine,
23without hearing, if the act or acts charged constitute
24sufficient grounds for that action under this Act.
25    (d) The written notice and any notice in the subsequent
26proceeding may be served by certified mail to the licensee's

 

 

09900HB1016ham006- 32 -LRB099 04847 RLC 49297 a

1address of record.
2    (e) The Secretary has the authority to appoint any attorney
3licensed to practice law in this State to serve as the hearing
4officer in any action for refusal to issue, restore, or renew a
5license or to discipline a licensee. The hearing officer has
6full authority to conduct the hearing.
 
7    Section 95. Hearing; rehearing.
8    (a) The Board or the hearing officer authorized by the
9Department shall hear evidence in support of the formal charges
10and evidence produced by the licensee. At the conclusion of the
11hearing, the Board shall present to the Secretary a written
12report of its findings of fact, conclusions of law, and
13recommendations. The report shall contain a finding of whether
14the accused person violated this Act or failed to comply with
15the conditions required in this Act. The Board shall specify
16the nature of the violation or failure to comply and shall make
17its recommendation to the Secretary.
18    (b) At the conclusion of the hearing, a copy of the Board
19or hearing officer's report shall be served upon the applicant
20or licensee by the Department, either personally or as provided
21in this Act for the service of a notice of hearing. Within 20
22calendar days after service, the applicant or licensee may
23present to the Department a motion in writing for a rehearing,
24which shall specify the particular grounds for rehearing. The
25Department may respond to the motion for rehearing within 20

 

 

09900HB1016ham006- 33 -LRB099 04847 RLC 49297 a

1calendar days after its service on the Department. If no motion
2for rehearing is filed, then upon the expiration of the time
3specified for filing such a motion, or upon denial of a motion
4for rehearing, the Secretary may enter an order in accordance
5with the recommendations of the Board or hearing officer. If
6the applicant or licensee orders from the reporting service and
7pays for a transcript of the record within the time for filing
8a motion for rehearing, the 20-day period within which a motion
9may be filed shall commence upon the delivery of the transcript
10to the applicant or licensee.
11    (c) Whenever the Secretary is not satisfied that
12substantial justice has been done, the Secretary may order a
13rehearing by the same or another hearing officer.
14    (d) All proceedings under this Section are matters of
15public record and shall be preserved.
16    (e) The dealer or dealership may continue to operate as a
17dealer or dealership during the course of an investigation or
18hearing, unless the Secretary finds that the public interest,
19safety, or welfare requires an emergency action.
20    (f) Upon the suspension or revocation of a license, the
21licensee shall surrender the license to the Department and,
22upon failure to do so, the Department shall seize the same.
 
23    Section 100. Disposition by consent order. At any point in
24any investigation or disciplinary proceeding provided for in
25the Act, both parties may agree to a negotiated consent order.

 

 

09900HB1016ham006- 34 -LRB099 04847 RLC 49297 a

1The consent order shall be final upon signature of the
2Secretary.
 
3    Section 105. Restoration of license after disciplinary
4proceedings. At any time after the successful completion of a
5term of indefinite probation, indefinite suspension, or
6revocation of a license, the Department may restore it to the
7licensee, unless, after an investigation and a hearing, the
8Secretary determines that restoration is not in the public
9interest. No person or entity whose license, card, or authority
10has been revoked as authorized in this Act may apply for
11restoration of that license, registration, or authority until
12such time as provided for in the Civil Administrative Code of
13Illinois.
 
14    Section 110. Injunction; cease and desist orders.
15    (a) Upon the filing of a verified petition in court, if
16satisfied by affidavit or otherwise that the person, firm,
17corporation, or other legal entity is or has been conducting
18activities in violation of this Act, the court may enter a
19temporary restraining order or preliminary injunction, without
20bond, enjoining the defendant from further activity. A copy of
21the verified complaint shall be served upon the defendant and
22the proceedings shall be conducted as in civil cases. If it is
23established the defendant has been or is conducting activities
24in violation of this Act, the court may enter a judgment

 

 

09900HB1016ham006- 35 -LRB099 04847 RLC 49297 a

1enjoining the defendant from that activity. In case of
2violation of any injunctive order or judgment entered under
3this Section, the court may punish the offender for contempt of
4court. Injunctive proceedings shall be in addition to all other
5penalties under this Act.
6    (b) If any person has engaged in the business of selling,
7leasing, or otherwise transferring firearms without having a
8valid license under this Act, then any licensee, any interested
9party, or any person injured thereby may, in addition to the
10Secretary, petition for relief as provided in subsection (a) of
11this Section.
12    (c) Whenever the Department has reason to believe a person,
13firm, corporation, or other legal entity has violated any
14provision of this Act, the Department may issue a rule to show
15cause why an order to cease and desist should not be entered
16against that person, firm, corporation, or other legal entity.
17The rule shall clearly set forth the grounds relied upon by the
18Department and shall provide a period of 7 days from the date
19of the rule to file an answer to the satisfaction of the
20Department. Failure to answer to the satisfaction of the
21Department shall cause an order to cease and desist to be
22issued immediately.
 
23    Section 115. Administrative review. All final
24administrative decisions of the Department are subject to
25judicial review under Article III of the Code of Civil

 

 

09900HB1016ham006- 36 -LRB099 04847 RLC 49297 a

1Procedure. The term "administrative decision" is defined as in
2Section 3-101 of the Code of Civil Procedure. The proceedings
3for judicial review shall be commenced in the circuit court of
4the county in which the party applying for review resides; but
5if the party is not a resident of this State, the venue shall
6be in Sangamon County. The Department shall not be required to
7certify any record to the court or file any answer in court or
8otherwise appear in any court in a judicial review proceeding,
9unless and until the Department has received from the plaintiff
10payment of the costs of furnishing and certifying the record,
11which costs shall be determined by the Department. Exhibits
12shall be certified without cost. Failure on the part of the
13applicant or licensee to file a receipt in court is grounds for
14dismissal of the action.
 
15    Section 120. Prima facie proof.
16    (a) An order or a certified copy thereof, over the seal of
17the Department and purporting to be signed by the Secretary, is
18prima facie proof that the signature is that of the Secretary,
19and the Secretary is qualified to act.
20    (b) A certified copy of a record of the Department shall,
21without further proof, be admitted into evidence in any legal
22proceeding, and shall be prima facie correct and prima facie
23evidence of the information contained therein.
 
24    Section 125. Subpoenas.

 

 

09900HB1016ham006- 37 -LRB099 04847 RLC 49297 a

1    (a) The Department may subpoena and bring before it any
2person to take the oral or written testimony or compel the
3production of any books, papers, records, or any other
4documents that the Secretary or his or her designee deems
5relevant or material to any such investigation or hearing
6conducted by the Department with the same fees and in the same
7manner as prescribed in civil cases in the courts of this
8State.
9    (b) Any circuit court, upon the application of the
10applicant, licensee, or Department, may order the attendance
11and testimony of witnesses and the production of relevant
12documents, files, records, books, and papers in connection with
13any hearing or investigation. The circuit court may compel
14obedience to its order by proceedings for contempt.
15    (c) The Secretary, the hearing officer, any member of the
16Board, or a certified shorthand court reporter may administer
17oaths at any hearing the Department conducts. Notwithstanding
18any other statute or Department rule to the contrary, all
19requests for testimony, production of documents or records
20shall be in accordance with this Act.
 
21    Section 130. Stenographers. The Department, at its
22expense, shall preserve the record of all proceedings at a
23formal hearing of any case. The notice of hearing, complaint,
24all other documents in the nature of pleadings and written
25motions filed in the proceedings, the transcript of testimony,

 

 

09900HB1016ham006- 38 -LRB099 04847 RLC 49297 a

1the report of the Board and orders of the Department shall be
2in the record of the proceedings.
 
3    Section 135. Fees; deposit of fees and fines. The
4Department shall by rule provide for fees for the
5administration and enforcement of this Act, and those fees are
6nonrefundable. All of the fees, penalties, and fines collected
7under this Act shall be deposited into the General Professions
8Dedicated Fund and shall be appropriated to the Department for
9the ordinary and contingent expenses of the Department in the
10administration and enforcement of this Act.
 
11    Section 140. Illinois Administrative Procedure Act;
12application.
13    (a) All rules required under this Act shall be adopted in
14accordance with Article 5 of the Illinois Administrative
15Procedure Act.
16    (b) Article 10 of the Illinois Administrative Procedure Act
17is expressly adopted and incorporated in this Act as if all of
18the provisions of that Article were included in this Act,
19except that the provision of paragraph (d) of Section 10-65 of
20the Illinois Administrative Procedure Act, which provides that
21at hearings the registrant or licensee has the right to show
22compliance with all lawful requirements for retention or
23continuation or renewal of the license, is specifically
24excluded. For the purpose of this Act, the notice required

 

 

09900HB1016ham006- 39 -LRB099 04847 RLC 49297 a

1under Section 10-25 of the Illinois Administrative Procedure
2Act is considered sufficient when mailed to the address of
3record of a party.
 
4    Section 145. Confidentiality. All information collected by
5the Department in the course of an examination or investigation
6of a licensee or applicant, including, but not limited to, any
7complaint against a licensee filed with the Department and
8information collected to investigate any such complaint, shall
9be maintained for the confidential use of the Department and
10shall not be disclosed. The Department shall not disclose the
11information to anyone other than law enforcement officials,
12regulatory agencies that have an appropriate regulatory
13interest as determined by the Secretary, or a party presenting
14a lawful subpoena to the Department. Information and documents
15disclosed to a federal, State, county, or local law enforcement
16agency shall not be disclosed by the agency for any purpose to
17any other agency or person. A formal complaint filed against a
18licensee by the Department or any order issued by the
19Department against a licensee or applicant shall be a public
20record, except as otherwise prohibited by law.
 
21    Section 150. Rules. The Department shall adopt rules
22necessary to implement the provisions of this Act no later than
23180 days after the effective date of this Act. The Department
24may adopt rules necessary to implement the provisions of this

 

 

09900HB1016ham006- 40 -LRB099 04847 RLC 49297 a

1Act through the use of emergency rulemaking in accordance with
2Section 5-45 of the Illinois Administrative Procedure Act for a
3period not to exceed 180 days after the effective date of this
4Act.
 
5    Section 900. The Regulatory Sunset Act is amended by adding
6Section 4.37 as follows:
 
7    (5 ILCS 80/4.37 new)
8    Sec. 4.37. Act repealed on January 1, 2027. The following
9Act is repealed on January 1, 2027:
10    The Gun Dealer Licensing Act.
 
11    Section 905. The Illinois Administrative Procedure Act is
12amended by changing Section 5-45 as follows:
 
13    (5 ILCS 100/5-45)  (from Ch. 127, par. 1005-45)
14    Sec. 5-45. Emergency rulemaking.
15    (a) "Emergency" means the existence of any situation that
16any agency finds reasonably constitutes a threat to the public
17interest, safety, or welfare.
18    (b) If any agency finds that an emergency exists that
19requires adoption of a rule upon fewer days than is required by
20Section 5-40 and states in writing its reasons for that
21finding, the agency may adopt an emergency rule without prior
22notice or hearing upon filing a notice of emergency rulemaking

 

 

09900HB1016ham006- 41 -LRB099 04847 RLC 49297 a

1with the Secretary of State under Section 5-70. The notice
2shall include the text of the emergency rule and shall be
3published in the Illinois Register. Consent orders or other
4court orders adopting settlements negotiated by an agency may
5be adopted under this Section. Subject to applicable
6constitutional or statutory provisions, an emergency rule
7becomes effective immediately upon filing under Section 5-65 or
8at a stated date less than 10 days thereafter. The agency's
9finding and a statement of the specific reasons for the finding
10shall be filed with the rule. The agency shall take reasonable
11and appropriate measures to make emergency rules known to the
12persons who may be affected by them.
13    (c) An emergency rule may be effective for a period of not
14longer than 150 days, but the agency's authority to adopt an
15identical rule under Section 5-40 is not precluded. No
16emergency rule may be adopted more than once in any 24 month
17period, except that this limitation on the number of emergency
18rules that may be adopted in a 24 month period does not apply
19to (i) emergency rules that make additions to and deletions
20from the Drug Manual under Section 5-5.16 of the Illinois
21Public Aid Code or the generic drug formulary under Section
223.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
23emergency rules adopted by the Pollution Control Board before
24July 1, 1997 to implement portions of the Livestock Management
25Facilities Act, (iii) emergency rules adopted by the Illinois
26Department of Public Health under subsections (a) through (i)

 

 

09900HB1016ham006- 42 -LRB099 04847 RLC 49297 a

1of Section 2 of the Department of Public Health Act when
2necessary to protect the public's health, (iv) emergency rules
3adopted pursuant to subsection (n) of this Section, (v)
4emergency rules adopted pursuant to subsection (o) of this
5Section, or (vi) emergency rules adopted pursuant to subsection
6(c-5) of this Section. Two or more emergency rules having
7substantially the same purpose and effect shall be deemed to be
8a single rule for purposes of this Section.
9    (c-5) To facilitate the maintenance of the program of group
10health benefits provided to annuitants, survivors, and retired
11employees under the State Employees Group Insurance Act of
121971, rules to alter the contributions to be paid by the State,
13annuitants, survivors, retired employees, or any combination
14of those entities, for that program of group health benefits,
15shall be adopted as emergency rules. The adoption of those
16rules shall be considered an emergency and necessary for the
17public interest, safety, and welfare.
18    (d) In order to provide for the expeditious and timely
19implementation of the State's fiscal year 1999 budget,
20emergency rules to implement any provision of Public Act 90-587
21or 90-588 or any other budget initiative for fiscal year 1999
22may be adopted in accordance with this Section by the agency
23charged with administering that provision or initiative,
24except that the 24-month limitation on the adoption of
25emergency rules and the provisions of Sections 5-115 and 5-125
26do not apply to rules adopted under this subsection (d). The

 

 

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1adoption of emergency rules authorized by this subsection (d)
2shall be deemed to be necessary for the public interest,
3safety, and welfare.
4    (e) In order to provide for the expeditious and timely
5implementation of the State's fiscal year 2000 budget,
6emergency rules to implement any provision of Public Act 91-24
7this amendatory Act of the 91st General Assembly or any other
8budget initiative for fiscal year 2000 may be adopted in
9accordance with this Section by the agency charged with
10administering that provision or initiative, except that the
1124-month limitation on the adoption of emergency rules and the
12provisions of Sections 5-115 and 5-125 do not apply to rules
13adopted under this subsection (e). The adoption of emergency
14rules authorized by this subsection (e) shall be deemed to be
15necessary for the public interest, safety, and welfare.
16    (f) In order to provide for the expeditious and timely
17implementation of the State's fiscal year 2001 budget,
18emergency rules to implement any provision of Public Act 91-712
19this amendatory Act of the 91st General Assembly or any other
20budget initiative for fiscal year 2001 may be adopted in
21accordance with this Section by the agency charged with
22administering that provision or initiative, except that the
2324-month limitation on the adoption of emergency rules and the
24provisions of Sections 5-115 and 5-125 do not apply to rules
25adopted under this subsection (f). The adoption of emergency
26rules authorized by this subsection (f) shall be deemed to be

 

 

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1necessary for the public interest, safety, and welfare.
2    (g) In order to provide for the expeditious and timely
3implementation of the State's fiscal year 2002 budget,
4emergency rules to implement any provision of Public Act 92-10
5this amendatory Act of the 92nd General Assembly or any other
6budget initiative for fiscal year 2002 may be adopted in
7accordance with this Section by the agency charged with
8administering that provision or initiative, except that the
924-month limitation on the adoption of emergency rules and the
10provisions of Sections 5-115 and 5-125 do not apply to rules
11adopted under this subsection (g). The adoption of emergency
12rules authorized by this subsection (g) shall be deemed to be
13necessary for the public interest, safety, and welfare.
14    (h) In order to provide for the expeditious and timely
15implementation of the State's fiscal year 2003 budget,
16emergency rules to implement any provision of Public Act 92-597
17this amendatory Act of the 92nd General Assembly or any other
18budget initiative for fiscal year 2003 may be adopted in
19accordance with this Section by the agency charged with
20administering that provision or initiative, except that the
2124-month limitation on the adoption of emergency rules and the
22provisions of Sections 5-115 and 5-125 do not apply to rules
23adopted under this subsection (h). The adoption of emergency
24rules authorized by this subsection (h) shall be deemed to be
25necessary for the public interest, safety, and welfare.
26    (i) In order to provide for the expeditious and timely

 

 

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1implementation of the State's fiscal year 2004 budget,
2emergency rules to implement any provision of Public Act 93-20
3this amendatory Act of the 93rd General Assembly or any other
4budget initiative for fiscal year 2004 may be adopted in
5accordance with this Section by the agency charged with
6administering that provision or initiative, except that the
724-month limitation on the adoption of emergency rules and the
8provisions of Sections 5-115 and 5-125 do not apply to rules
9adopted under this subsection (i). The adoption of emergency
10rules authorized by this subsection (i) shall be deemed to be
11necessary for the public interest, safety, and welfare.
12    (j) In order to provide for the expeditious and timely
13implementation of the provisions of the State's fiscal year
142005 budget as provided under the Fiscal Year 2005 Budget
15Implementation (Human Services) Act, emergency rules to
16implement any provision of the Fiscal Year 2005 Budget
17Implementation (Human Services) Act may be adopted in
18accordance with this Section by the agency charged with
19administering that provision, except that the 24-month
20limitation on the adoption of emergency rules and the
21provisions of Sections 5-115 and 5-125 do not apply to rules
22adopted under this subsection (j). The Department of Public Aid
23may also adopt rules under this subsection (j) necessary to
24administer the Illinois Public Aid Code and the Children's
25Health Insurance Program Act. The adoption of emergency rules
26authorized by this subsection (j) shall be deemed to be

 

 

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1necessary for the public interest, safety, and welfare.
2    (k) In order to provide for the expeditious and timely
3implementation of the provisions of the State's fiscal year
42006 budget, emergency rules to implement any provision of
5Public Act 94-48 this amendatory Act of the 94th General
6Assembly or any other budget initiative for fiscal year 2006
7may be adopted in accordance with this Section by the agency
8charged with administering that provision or initiative,
9except that the 24-month limitation on the adoption of
10emergency rules and the provisions of Sections 5-115 and 5-125
11do not apply to rules adopted under this subsection (k). The
12Department of Healthcare and Family Services may also adopt
13rules under this subsection (k) necessary to administer the
14Illinois Public Aid Code, the Senior Citizens and Persons with
15Disabilities Property Tax Relief Act, the Senior Citizens and
16Disabled Persons Prescription Drug Discount Program Act (now
17the Illinois Prescription Drug Discount Program Act), and the
18Children's Health Insurance Program Act. The adoption of
19emergency rules authorized by this subsection (k) shall be
20deemed to be necessary for the public interest, safety, and
21welfare.
22    (l) In order to provide for the expeditious and timely
23implementation of the provisions of the State's fiscal year
242007 budget, the Department of Healthcare and Family Services
25may adopt emergency rules during fiscal year 2007, including
26rules effective July 1, 2007, in accordance with this

 

 

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1subsection to the extent necessary to administer the
2Department's responsibilities with respect to amendments to
3the State plans and Illinois waivers approved by the federal
4Centers for Medicare and Medicaid Services necessitated by the
5requirements of Title XIX and Title XXI of the federal Social
6Security Act. The adoption of emergency rules authorized by
7this subsection (l) shall be deemed to be necessary for the
8public interest, safety, and welfare.
9    (m) In order to provide for the expeditious and timely
10implementation of the provisions of the State's fiscal year
112008 budget, the Department of Healthcare and Family Services
12may adopt emergency rules during fiscal year 2008, including
13rules effective July 1, 2008, in accordance with this
14subsection to the extent necessary to administer the
15Department's responsibilities with respect to amendments to
16the State plans and Illinois waivers approved by the federal
17Centers for Medicare and Medicaid Services necessitated by the
18requirements of Title XIX and Title XXI of the federal Social
19Security Act. The adoption of emergency rules authorized by
20this subsection (m) shall be deemed to be necessary for the
21public interest, safety, and welfare.
22    (n) In order to provide for the expeditious and timely
23implementation of the provisions of the State's fiscal year
242010 budget, emergency rules to implement any provision of
25Public Act 96-45 this amendatory Act of the 96th General
26Assembly or any other budget initiative authorized by the 96th

 

 

09900HB1016ham006- 48 -LRB099 04847 RLC 49297 a

1General Assembly for fiscal year 2010 may be adopted in
2accordance with this Section by the agency charged with
3administering that provision or initiative. The adoption of
4emergency rules authorized by this subsection (n) shall be
5deemed to be necessary for the public interest, safety, and
6welfare. The rulemaking authority granted in this subsection
7(n) shall apply only to rules promulgated during Fiscal Year
82010.
9    (o) In order to provide for the expeditious and timely
10implementation of the provisions of the State's fiscal year
112011 budget, emergency rules to implement any provision of
12Public Act 96-958 this amendatory Act of the 96th General
13Assembly or any other budget initiative authorized by the 96th
14General Assembly for fiscal year 2011 may be adopted in
15accordance with this Section by the agency charged with
16administering that provision or initiative. The adoption of
17emergency rules authorized by this subsection (o) is deemed to
18be necessary for the public interest, safety, and welfare. The
19rulemaking authority granted in this subsection (o) applies
20only to rules promulgated on or after the effective date of
21Public Act 96-958 this amendatory Act of the 96th General
22Assembly through June 30, 2011.
23    (p) In order to provide for the expeditious and timely
24implementation of the provisions of Public Act 97-689,
25emergency rules to implement any provision of Public Act 97-689
26may be adopted in accordance with this subsection (p) by the

 

 

09900HB1016ham006- 49 -LRB099 04847 RLC 49297 a

1agency charged with administering that provision or
2initiative. The 150-day limitation of the effective period of
3emergency rules does not apply to rules adopted under this
4subsection (p), and the effective period may continue through
5June 30, 2013. The 24-month limitation on the adoption of
6emergency rules does not apply to rules adopted under this
7subsection (p). The adoption of emergency rules authorized by
8this subsection (p) is deemed to be necessary for the public
9interest, safety, and welfare.
10    (q) In order to provide for the expeditious and timely
11implementation of the provisions of Articles 7, 8, 9, 11, and
1212 of Public Act 98-104 this amendatory Act of the 98th General
13Assembly, emergency rules to implement any provision of
14Articles 7, 8, 9, 11, and 12 of Public Act 98-104 this
15amendatory Act of the 98th General Assembly may be adopted in
16accordance with this subsection (q) by the agency charged with
17administering that provision or initiative. The 24-month
18limitation on the adoption of emergency rules does not apply to
19rules adopted under this subsection (q). The adoption of
20emergency rules authorized by this subsection (q) is deemed to
21be necessary for the public interest, safety, and welfare.
22    (r) In order to provide for the expeditious and timely
23implementation of the provisions of Public Act 98-651 this
24amendatory Act of the 98th General Assembly, emergency rules to
25implement Public Act 98-651 this amendatory Act of the 98th
26General Assembly may be adopted in accordance with this

 

 

09900HB1016ham006- 50 -LRB099 04847 RLC 49297 a

1subsection (r) by the Department of Healthcare and Family
2Services. The 24-month limitation on the adoption of emergency
3rules does not apply to rules adopted under this subsection
4(r). The adoption of emergency rules authorized by this
5subsection (r) is deemed to be necessary for the public
6interest, safety, and welfare.
7    (s) In order to provide for the expeditious and timely
8implementation of the provisions of Sections 5-5b.1 and 5A-2 of
9the Illinois Public Aid Code, emergency rules to implement any
10provision of Section 5-5b.1 or Section 5A-2 of the Illinois
11Public Aid Code may be adopted in accordance with this
12subsection (s) by the Department of Healthcare and Family
13Services. The rulemaking authority granted in this subsection
14(s) shall apply only to those rules adopted prior to July 1,
152015. Notwithstanding any other provision of this Section, any
16emergency rule adopted under this subsection (s) shall only
17apply to payments made for State fiscal year 2015. The adoption
18of emergency rules authorized by this subsection (s) is deemed
19to be necessary for the public interest, safety, and welfare.
20    (t) In order to provide for the expeditious and timely
21implementation of the provisions of Article II of Public Act
2299-6 this amendatory Act of the 99th General Assembly,
23emergency rules to implement the changes made by Article II of
24Public Act 99-6 this amendatory Act of the 99th General
25Assembly to the Emergency Telephone System Act may be adopted
26in accordance with this subsection (t) by the Department of

 

 

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1State Police. The rulemaking authority granted in this
2subsection (t) shall apply only to those rules adopted prior to
3July 1, 2016. The 24-month limitation on the adoption of
4emergency 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) (t) 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) (t) by the
12Department of Insurance. The rulemaking authority granted in
13this subsection (u) (t) shall apply only to those rules adopted
14prior to December 31, 2015. The adoption of emergency rules
15authorized by this subsection (u) (t) is deemed to be necessary
16for the public interest, safety, and welfare.
17    (v) In order to provide for the expeditious and timely
18implementation of the provisions of the Gun Dealer Licensing
19Act, emergency rules to implement any provision of the Act may
20be adopted in accordance with this subsection (v) by the
21Department of Financial and Professional Regulation. The
22rulemaking authority granted in this subsection (v) shall apply
23only to those rules adopted no later than 180 days after the
24effective date of this amendatory Act of the 99th General
25Assembly. The adoption of emergency rules authorized by this
26subsection (v) is deemed to be necessary for the public

 

 

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1interest, safety, and welfare.
2(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13;
398-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16;
499-143, eff. 7-27-15; 99-455, eff. 1-1-16; revised
510-15-15.)".