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Full Text of SB1657  100th General Assembly

SB1657 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1657

 

Introduced 2/9/2017, by Sen. Don Harmon

 

SYNOPSIS AS INTRODUCED:
 
New Act
5 ILCS 80/4.38 new
5 ILCS 100/5-45  from Ch. 127, par. 1005-45

    Creates the Gun Dealer Licensing Act. Provides that it is unlawful for a person to engage in the business of selling, leasing, or otherwise transferring firearms without a license issued by the Department of Financial and Professional Regulation. Provides that a dealership agent other than a dealer licensee-in-charge may act on behalf of the licensed dealership without being licensed as a dealer under the Act. Creates the Gun Dealer Licensing Board consisting of 5 members appointed by the Secretary of Financial and Professional Regulation to recommend policies, procedures, and rules relevant to the administration and enforcement of the Act. Provides that the holder of a dealership license issued under the Act may employ in the conduct of his or her business dealership agents. Establishes qualifications for obtaining dealership licenses and for being employed as a dealership agent. Establishes penalties for violations of the Act. Provides for rulemaking, including emergency rulemaking. Amends the Regulatory Sunset Act. Provides that the Act is repealed on January 1, 2028. Amends the Illinois Administrative Procedure Act. Makes conforming changes.


LRB100 08489 RLC 18608 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1657LRB100 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    "Confidential or security information" means information
20which identifies the purchasers or other transferees of
21firearms from a dealer or dealership.
22    "Dealer" means any person engaged in the business of
23selling, leasing, or otherwise transferring firearms or any

 

 

SB1657- 2 -LRB100 08489 RLC 18608 b

1person within the meanings provided by 18 U.S.C. 921(a)(11) and
227 CFR 478.11 to include any person engaged in the business of
3selling firearms at wholesale or retail, or repairing firearms
4or making or fitting special barrels, stocks, or trigger
5mechanisms to firearms.
6    "Dealership" means a person, firm, corporation, or other
7legal entity that engages in the business of selling, leasing,
8or otherwise transferring firearms and employs, in addition to
9the gun dealer licensee-in-charge, at least one other
10dealership agent.
11    "Dealership agent" means an owner, officer, paid or unpaid
12agent, volunteer or employee of a licensed dealership who has
13access to or control of firearms in the inventory of the
14dealership or confidential or security information of the
15dealership.
16    "Dealership licensee-in-charge" or "licensee-in-charge"
17means a dealer who has been designated by a dealership to be
18the licensee-in-charge of the dealership, who is a full-time
19management employee or owner who assumes sole responsibility
20for maintaining all records required by this Act, and who
21assumes sole responsibility for assuring the dealership's
22compliance with its responsibilities as stated in this Act. The
23Department shall adopt rules mandating licensee-in-charge
24participation in dealership affairs.
25    "Department" means the Department of Financial and
26Professional Regulation.

 

 

SB1657- 3 -LRB100 08489 RLC 18608 b

1    "Engaged in the business" means a person who, as provided
2in 18 U.S.C. 921(a)(21) and 27 CFR 478.11(a), devotes time,
3attention, and labor to engaging in such activity as a regular
4course of trade or business with the principal objective of
5livelihood and profit, or who:
6        (1) conducts a business selling, leasing, or
7    transferring firearms;
8        (2) holds himself or herself out as engaged in the
9    business of selling, leasing, or otherwise transferring
10    firearms; or
11        (3) sells, leases, or transfers firearms in quantity,
12    in series, or in any other manner indicative of trade.
13    "Gunsmith" means, as defined in 27 CFR 478.11(d), any
14person who receives firearms (frames, receivers, or otherwise)
15provided by a customer for the purpose of repairing, modifying,
16embellishing, refurbishing, or installing parts in or on those
17firearms. A gunsmith is not "engaged in the business" of
18manufacturing firearms because the firearms being produced are
19not owned by the gunsmith and he does not sell or distribute
20the firearms manufactured.
21    "Firearm" has the same meaning as "firearm" in Section 1.1
22of the Firearm Owners Identification Card Act.
23    "Licensee" means a dealer or a dealership licensed under
24this Act. Anyone who holds himself or herself out as a licensee
25or who is accused of unlicensed business is considered a
26licensee for purposes of enforcement, investigation, hearings,

 

 

SB1657- 4 -LRB100 08489 RLC 18608 b

1and the Illinois Administrative Procedure Act.
2    "Manufacturer" means, as defined by 18 U.S.C. 921 (a)(10)
3and 27 CFR 478.11, any person engaged in the business of
4manufacturing firearms or ammunition for purposes of sale or
5distribution.
6    "Person" means a natural person.
7    "Secretary" means the Secretary of Financial and
8Professional Regulation.
 
9    Section 10. License requirement.
10    (a) It is unlawful for a person to engage in the business
11of selling, leasing, or otherwise transferring firearms
12without a license under this Act. A dealership agent other than
13a dealer licensee-in-charge may act on behalf of the licensed
14dealership under Section 75 without being licensed as a dealer
15under this Act.
16    (b) It is unlawful for a person, firm, corporation, group
17of individuals, or other legal entity to act as a dealership
18licensed under this Act, to advertise, or to assume to act as a
19licensed dealership or to use a title implying that the person,
20firm, or other entity is engaged in business as a dealership
21without a license under this Act. An individual or sole
22proprietor licensed as a dealer who operates without any
23dealership agents may act as a dealership without having to
24obtain a dealership license, provided the dealer notifies the
25Department that he or she is operating in this manner and

 

 

SB1657- 5 -LRB100 08489 RLC 18608 b

1provides the information required under Section 65, as
2determined to be applicable to the dealer by the Department.
3The dealer may operate under a "doing business as" or assumed
4name certification so long as the assumed name is first
5registered with the Department.
6    (c) No dealership shall operate a branch office without
7first applying for and receiving a branch office license for
8each location. The term "branch office" does not include a
9location at which the dealership conducts business
10temporarily, such as at a gun show.
11    (d) It is unlawful to obtain or attempt to obtain any
12license or authorization issued under this Act by fraudulent
13misrepresentation.
14    (e) A person who violates any provision of this Section is
15guilty of a Class A misdemeanor for a first violation, and a
16Class 4 felony for a second or subsequent violation.
17    (f) In addition to any other penalty provided by law, any
18person or entity who violates any provision of this Section
19shall pay a civil penalty to the Department in an amount not to
20exceed $10,000 for each offense as determined by the
21Department. The civil penalty shall be assessed by the
22Department after a hearing is held in accordance with the
23provisions set forth in this Act regarding the provision of a
24hearing for the discipline of a licensee.
25    (g) The Department has the authority and power to
26investigate any and all unlicensed activity.

 

 

SB1657- 6 -LRB100 08489 RLC 18608 b

1    (h) The civil penalty shall be paid within 60 days after
2the effective date of the order imposing the civil penalty. The
3order shall constitute a judgment and may be filed and
4execution had thereon in the same manner as any judgment from
5any court of record.
 
6    Section 15. Exemptions. The provisions of this Act related
7to the licensure of dealers and dealerships do not apply to a
8person or other entity that engages in the following
9activities:
10    (1) transfers of less than 10 firearms within each calendar
11year;
12    (2) temporary transfers of firearms solely for use at the
13location or on the premises where the transfer takes place,
14such as transfers at a shooting range for use at that location;
15    (3) temporary transfers of firearms solely for use while in
16the presence of the transferor, such as transfers for the
17purposes of firearm safety training by a training instructor;
18    (4) transfers of firearms among immediate family or
19household members, as "immediate family or household member" is
20defined in Section 3-2.7-10 of the Unified Code of Corrections;
21    (5) transfers by persons or entities acting under operation
22of law or a court order;
23    (6) transfers by persons or entities liquidating all or
24part of a collection. For purposes of this paragraph (6),
25"collection" means 2 or more firearms which are of special

 

 

SB1657- 7 -LRB100 08489 RLC 18608 b

1interest to collectors by reason of some quality other than is
2associated with firearms intended for sporting use or as
3offensive or defensive weapons;
4    (7) transfers of firearms that have been rendered
5permanently inoperable to a nonprofit historical society,
6museum, or institutional collection;
7    (8) transfers by a law enforcement or corrections agency or
8a law enforcement or corrections officer acting within the
9course and scope of his or her official duties;
10    (9) transfers by a person who has his or her Firearm
11Owner's Identification Card revoked to a State or local law
12enforcement agency;
13    (10) transfers of curios and relics, as defined under
14federal law, between collectors licensed under subsection (b)
15of Section 923 of the federal Gun Control Act of 1968;
16    (11) transfers by a person or entity who is licensed as a
17manufacturer of firearms under Section 923 of Title 18 of the
18United States Code to a person or entity who is licensed as a
19dealer or dealership under this Act, or to a person or entity
20who is licensed as a manufacturer, dealer, or importer of
21firearms under Section 923 of Title 18 of the United States
22Code; or
23    (12) transfers of pieces or parts of a firearm that do not
24themselves qualify as firearms under paragraph (3) of
25subsection (a) of Section 921 of the federal Gun Control Act of
261968 by a person who is actually engaged in manufacturing and

 

 

SB1657- 8 -LRB100 08489 RLC 18608 b

1selling those pieces or parts but only on the activities which
2are within the lawful scope of that business, and who possesses
3a license as a manufacturer under subsection (a) of Section 923
4of the federal Gun Control Act of 1968.
 
5    Section 20. Powers and duties of the Department. Subject to
6the provisions of this Act, the Department shall exercise the
7following powers and duties:
8        (1) Prescribe forms to be issued for the administration
9    and enforcement of this Act.
10        (2) Prescribe and publish rules for issuance of dealer
11    licenses and dealership licenses authorizing qualified
12    applicants to engage in the business of selling, leasing,
13    or otherwise transferring firearms.
14        (3) Review application to ascertain the qualifications
15    of applicants for licenses.
16        (4) Examine the records of licensees or investigate any
17    other aspect of the business of selling, leasing, or
18    otherwise transferring firearms.
19        (5) Conduct hearings on proceedings to refuse to issue
20    or renew licenses or to revoke, suspend, place on
21    probation, reprimand, or take any other disciplinary or
22    non-disciplinary action against licenses issued under this
23    Act.
24        (6) Formulate rules required for the administration of
25    this Act. Notice of proposed rulemaking shall be

 

 

SB1657- 9 -LRB100 08489 RLC 18608 b

1    transmitted to the Board, and the Department shall review
2    the Board's response and any recommendations made in the
3    response.
4        (7) Solicit the advice and expert knowledge of the
5    Board on any matter relating to the administration and
6    enforcement of this Act.
7        (8) Maintain rosters of the names and addresses of all
8    licensees and all persons whose licenses have been
9    suspended, revoked, denied renewal, or otherwise
10    disciplined within the previous calendar year. These
11    rosters shall be available upon written request and payment
12    of the required fee as established by rule.
13        (9) Exercise the powers and duties prescribed by the
14    Civil Administrative Code of Illinois for the
15    administration of licensing Acts.
16        (10) Contract with the Department of State Police, as
17    necessary, to perform inspections of licensees, as
18    provided under this Act.
19        (11) Authorize examinations to ascertain the
20    qualifications and fitness of applicants for licensing as a
21    dealer and pass upon the qualifications of applicants for
22    licensure.
 
23    Section 25. The Gun Dealer Licensing Board.
24    (a) The Gun Dealer Licensing Board shall consist of 5
25members to be appointed by the Secretary. Each member shall

 

 

SB1657- 10 -LRB100 08489 RLC 18608 b

1have a reasonable knowledge of the federal and State laws
2regarding firearms. Each member shall either be a resident of
3this State or shall certify that he or she will become a
4resident of this State before taking office. The Board shall
5consist of:
6        (1) one member with at least 5 years of service as a
7    county sheriff or chief of police of a municipal police
8    department within this State;
9        (2) one representative of the Department State Police
10    with at least 5 years investigative experience or duties
11    related to criminal justice;
12        (3) one member with at least 5 years of experience as a
13    federally licensed firearms dealer in good standing within
14    this State;
15        (4) one member who is a representative of an advocacy
16    group for public safety; and
17        (5) one member shall be a lawyer licensed to practice
18    law in this State. The membership shall reasonably reflect
19    the different geographic areas in this State.
20    (b) Members shall serve 4 year terms and may serve until
21their successors are appointed and qualified. Partial terms of
22over 2 years in length shall be considered full terms. No
23member shall serve for more than 2 successive terms. Whenever a
24vacancy in the Board occurs, the remaining members of the Board
25shall notify the Secretary of that vacancy within 5 days after
26its occurrence and the Secretary shall fill the vacancy within

 

 

SB1657- 11 -LRB100 08489 RLC 18608 b

145 days. Appointments to fill vacancies shall be made in the
2same manner as the original appointments for the unexpired
3portion of the vacated term.
4    (c) The Secretary may recommend the removal of any member
5of the Board for cause at any time before the expiration of his
6or her term. A majority vote of the members is required for a
7decision to remove any member of the Board. A member subject to
8formal disciplinary proceedings shall disqualify himself or
9herself from all Board business until the charge is resolved. A
10member also shall disqualify himself or herself from any matter
11on which the member cannot act objectively.
12    (d) The Board shall annually elect one of its members as
13chairperson and one of its members as vice-chair.
14    (e) Members shall receive compensation as set by law. Each
15member shall receive reimbursement as set by the Governor's
16Travel Control Board for expenses incurred in carrying out the
17duties as a Board member.
18    (f) A majority of Board members constitutes a quorum. A
19majority vote of the members is required for a decision. A
20vacancy in the membership of the Board shall not impair the
21right of a quorum to exercise all of the rights and perform all
22of the duties of the Board.
23    (g) The Board may recommend policies, procedures, and rules
24relevant to the administration and enforcement of this Act.
 
25    Section 30. Application for license; forms.

 

 

SB1657- 12 -LRB100 08489 RLC 18608 b

1    (a) Each license application shall be on forms provided by
2the Department.
3    (b) Every application for an original dealer license shall
4include the applicant's social security number, which shall be
5retained in the dealership's records pertaining to the license.
6As soon as practical, the Department shall assign a customer's
7identification number to each applicant for a license.
8    Every application for a renewal or restored license shall
9require the applicant's customer identification number.
10    (c) Beginning January 1, 2019, the Department shall accept
11applications for dealership licenses and dealer licenses.
 
12    Section 35. Issuance of license; renewal; fees.
13    (a) The Department shall, upon the applicant's
14satisfactory completion of the requirements under this Act and
15receipt of the fee, issue the license indicating the name and
16business location of the licensee and the date of expiration.
17On or before December 31, 2019, the Department shall issue
18dealer and dealership licenses to all qualified applicants
19whose business existed in that location on the effective date
20of this Act, and who submitted the application to the
21Department on or after January 1, 2019 but before October 1,
222019. If an applicant submits an application for a license
23before October 1, 2019 and the Department does not issue or
24deny the license on or before December 31, 2019, or the
25Department does not issue or deny a license within 90 days to

 

 

SB1657- 13 -LRB100 08489 RLC 18608 b

1an applicant who submits an application for a license or
2renewal of a license on October 1, 2019 or thereafter, the
3applicant or licensee shall not be in violation of this Act on
4the basis of continuing to operate the business.
5    (b) The expiration date, renewal period, and conditions for
6renewal and restoration of each license shall be set by rule.
7The holder may renew the license during the 90 days preceding
8its expiration by paying the required fee and by meeting
9conditions that the Department may specify. As a condition of
10renewal of a dealer's license, the Department shall receive
11from the applicant a copy of his or her valid and unexpired
12concealed carry license, or shall verify the validity of the
13applicant's Firearm Owner's Identification Card through the
14Department of State Police in a manner prescribed by rule by
15the Department of State Police. A dealership or dealer
16operating on an expired license is considered to be practicing
17without a license.
18    (c) A dealership that has permitted a license to expire may
19have it restored by submitting an application to the
20Department, successfully completing an inspection by the
21Department, and by paying the required restoration fee and all
22lapsed renewal fees.
23    (d) A dealer that has permitted a license to expire may
24have it restored by submitting an application to the
25Department, paying the required restoration fee and all lapsed
26renewal fees and by providing evidence of competence to resume

 

 

SB1657- 14 -LRB100 08489 RLC 18608 b

1practice satisfactory to the Department and the Board, which
2shall include a copy of the license holder's valid and
3unexpired concealed carry license, or verification of the
4continued validity of the license holder's Firearm Owner's
5Identification Card through the Department of State Police in a
6manner prescribed by rule by the Department of State Police,
7and may include passing a written examination.
8    (e) Any dealer whose license has expired while he or she
9has been engaged (1) in the federal service in active duty with
10the Army of the United States, the United States Navy, the
11Marine Corps, the Air Force, the Coast Guard, or the State
12Militia called into the service or training of the United
13States of America, or (2) in training or education under the
14supervision of the United States preliminary to induction into
15the military service, may have his or her license restored
16without paying any lapsed renewal fees or restoration fee, if
17within 2 years after termination of that service, training or
18education, other than by dishonorable discharge, he or she
19furnishes the Department with an affidavit to the effect that
20he or she has been so engaged and that his or her service,
21training or education has been so terminated.
22    (f) A license shall not be denied any applicant because of
23the race, religion, creed, national origin, political beliefs
24or activities, age, sex, sexual orientation, or physical
25disability that does not affect a person's ability to practice
26with reasonable judgment, skill, or safety.
 

 

 

SB1657- 15 -LRB100 08489 RLC 18608 b

1    Section 40. Continuing education. The Department may adopt
2rules of continuing education for persons licensed under this
3Act. The Department shall consider the recommendations of the
4Board in establishing guidelines for the continuing education
5requirements.
 
6    Section 45. Examination of applicants; fee forfeiture.
7    (a) Applicants for licensure as a dealer shall be examined
8as provided by this Section if they are qualified to be
9examined under this Act. All applicants taking the examination
10shall be evaluated using the same standards as others who are
11examined for the respective license.
12    (b) Examinations for licensure shall be held at the time
13and place as the Department may determine, but shall be held at
14least twice a year.
15    (c) Examinations shall test the amount of knowledge and
16skill needed to perform the duties set under this Act and
17comply with other provisions of federal and State law
18applicable to the sale and transfer of firearms. The Department
19may contract with a testing service for the preparation and
20conduct of the examination.
21    (d) If an applicant neglects, fails, or refuses to take an
22examination within one year after filing an application, the
23fee shall be forfeited. However, an applicant may, after a
241-year period, make a new application for examination

 

 

SB1657- 16 -LRB100 08489 RLC 18608 b

1accompanied by the required fee. If an applicant fails to pass
2the examination within 3 years after filing an application, the
3application shall be denied. An applicant may make a new
4application after the 3-year period.
5    (e) This Section does not apply to an applicant who was
6properly licensed as a firearms dealer under Section 923 of the
7federal Gun Control Act of 1968 (18 U.S.C. 923) on the
8effective date of this Act, in operation in this State.
 
9    Section 50. Qualifications for licensure as a dealer.
10    (a) A person is qualified for licensure as a dealer if he
11or she meets all of the following requirements:
12        (1) is at least 21 years of age;
13        (2) has a currently valid and unexpired concealed carry
14    license or Firearm Owner's Identification Card. The
15    Department shall verify the validity of the applicant's
16    Firearm Owner's Identification Card through the Department
17    of State Police in a manner prescribed by rule by the
18    Department of State Police. The Department of State Police
19    shall provide the Department with an approval number if the
20    Firearm Owner's Identification Card is currently valid;
21        (3) has not had a license or permit to sell, lease,
22    transfer, purchase, or possess firearms from the federal
23    government or the government of any state or subdivision of
24    any state revoked or suspended for good cause within the
25    preceding 3 years, or been terminated from employment with

 

 

SB1657- 17 -LRB100 08489 RLC 18608 b

1    a licensee or former licensee for good cause within the
2    preceding 3 years;
3        (4) has a minimum of one year of experience, with a
4    minimum of 100 hours per year, during the 5 years
5    immediately preceding the application: (i) as a dealership
6    agent under this Act; or (ii) as a federal firearms dealer
7    licensed under Section 923 of the federal Gun Control Act
8    of 1968 (18 U.S.C. 923) or an employee of the business who
9    had access to firearms;
10        (5) has paid the fees required by this Act; and
11        (6) has passed an examination authorized by the
12    Department.
13    (b) The Department may request a personal interview of an
14applicant before the Board to further evaluate his or her
15qualifications for a license.
 
16    Section 55. Qualifications for licensure as a dealership.
17    (a) Upon receipt of the required fee and the information
18listed in subsection (b) of this Section, the Department shall
19issue a license as a dealership to any of the following:
20        (1) An individual who submits an application and is a
21    licensed dealer under this Act.
22        (2) A firm that submits an application and all of the
23    members of the firm are licensed dealers under this Act.
24        (3) A corporation or limited liability company doing
25    business in this State that is authorized by its articles

 

 

SB1657- 18 -LRB100 08489 RLC 18608 b

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

 

 

SB1657- 19 -LRB100 08489 RLC 18608 b

1        state of incorporation; and
2            (D) if a sole proprietorship, then the full name
3        and address of record of the sole proprietor and the
4        name of the business entity.
5        (5) The name and license number of the
6    licensee-in-charge for the dealership.
7        (6) Proof that the applicant has applied for or
8    received a certificate of registration under the
9    Retailers' Occupation Tax Act.
10        (7) From the sheriff of the county in which the
11    business address is located written confirmation stating
12    that, to the best of the sheriff's knowledge, the applicant
13    is in compliance with applicable federal, State, and local
14    laws. A sheriff that refuses to provide this confirmation
15    within 30 days after the date of the application shall
16    instead submit an objection in writing to the Department
17    and the license applicant based upon a reasonable suspicion
18    that the applicant is not in compliance with applicable
19    federal, State, and local laws. If no written confirmation
20    or objection is made under this paragraph (7) within 30
21    days after the date of the application, the Department
22    shall proceed as if the sheriff had provided confirmation.
23    A municipality or county may impose additional
24    requirements for the operation of gun dealers and
25    dealerships beyond the requirements of this Act and
26    consistent with the United States Constitution and the

 

 

SB1657- 20 -LRB100 08489 RLC 18608 b

1    Constitution of the State of Illinois, including local
2    license requirements. It shall be the duty of local
3    authorities to investigate and enforce any failure of a
4    dealer or dealership to meet these requirements and to
5    notify the Department of these investigations and
6    enforcement actions. This paragraph (7) supersedes Section
7    13.1 of the Firearm Owners Identification Card Act and
8    Section 90 of the Firearm Concealed Carry Act as applied to
9    the local regulation of dealers and dealerships.
10        (8) Proof that the dealership is properly licensed as a
11    firearms dealer under federal law.
12        (9) A final inspection report demonstrating that the
13    Department has determined upon inspection that the
14    proposed business premises comply with Section 70 of this
15    Act.
16    (c) No dealer may be the licensee-in-charge for more than
17one dealership. Upon written request by a representative of a
18dealership, within 10 days after the loss of a
19licensee-in-charge of a dealership because of the death of that
20individual or because of the termination of the employment of
21that individual, the Department shall issue a temporary
22certificate of authority allowing the continuing operation of
23the licensed dealership. No temporary certificate of authority
24shall be valid for more than 90 days. An extension of an
25additional 90 days may be granted upon written request by the
26representative of the dealership. Not more than 2 extensions

 

 

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1may be granted to any dealership. No temporary permit shall be
2issued for loss of the licensee-in-charge because of
3disciplinary action by the Department related to his or her
4conduct on behalf of the dealership.
5    (d) The Department may request a personal interview of a
6gun dealership licensee-in-charge to evaluate the dealership's
7qualifications for a license.
 
8    Section 60. Training of dealership agents. The Department
9shall adopt rules requiring dealership agents to undergo
10training regarding legal requirements and responsible business
11practices as applicable to the sale or transfer of firearms.
12Before a dealership agent has unsupervised access to or control
13over firearms in the dealership's inventory or confidential or
14security information, the dealership shall ensure that the
15dealership agent receives the training that the Department may
16require.
 
17    Section 65. Display of license. Each licensee shall
18prominently display his or her individual, agency, or branch
19office license at each place where business is being conducted,
20as required under this Act. A licensee-in-charge is required to
21post his or her license only at the dealership office.
 
22    Section 70. Requirements; prohibitions.
23    (a) The Department of Financial and Professional

 

 

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1Regulation shall implement the provisions of this Section by
2rule.
3    (b) A licensee shall maintain operating documents which
4shall include procedures for the oversight of the licensee and
5procedures to ensure accurate recordkeeping.
6    (c) By the date of application, a licensee shall implement
7appropriate security measures, as provided by rule, to deter
8and prevent the theft of firearms and unauthorized entrance
9into areas containing firearms. The rules may provide for:
10        (1) the manner of securing firearms when the location
11    is both open and closed for business;
12        (2) alarm systems for licensees; and
13        (3) other reasonable requirements to deter illegal
14    sales and reduce the risk of burglaries and other crimes or
15    accidents at licensees' business establishments.
16    (d) If a licensee operates the business at a permanent
17physical location that is open to the public, that location
18shall be equipped with a video surveillance system sufficient
19to monitor the critical areas of the business premises,
20including, but not limited to, all places where firearms are
21stored, handled, sold, transferred, or carried. The video
22surveillance system shall operate without interruption
23whenever the licensee is open for business. Whenever the
24licensee is not open for business, the system shall be
25triggered by a motion detector and begin recording immediately
26upon detection of any motion within the monitored area. The

 

 

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1stored images shall be maintained on the business premises of
2the licensee for a period of not less than 90 days from the
3date of recording and shall only be available for inspection on
4the premises by the licensee, the licensee's dealership agents,
5the Department, or federal, State, and local law enforcement
6upon request, and neither the stored images, copies, records,
7or reproductions of the stored images shall leave the custody
8of the licensee except under a court order, subpoena, or search
9warrant. The licensee shall post a sign in a conspicuous place
10at each entrance to the premises that states in block letters
11not less than one inch in height:
12    "THESE PREMISES ARE UNDER VIDEO SURVEILLANCE. YOUR IMAGE
13MAY BE RECORDED."
14    (e) The area where the licensee stores firearms that are
15inventory of the licensee shall only be accessed by dealership
16agents, Department of Financial and Professional Regulation
17staff performing inspections, law enforcement or other
18emergency personnel, and contractors working on jobs unrelated
19to firearms, such as installing or maintaining security devices
20or performing electrical wiring.
21    (f) A licensee shall operate its business and conduct all
22sales and transfers of firearms or in compliance with all
23federal and State laws, and maintain all records as required by
24federal and State laws.
25    (g) A licensee shall make a photo copy of a buyer's or
26transferee's valid photo I.D. card whenever a sale transaction

 

 

SB1657- 24 -LRB100 08489 RLC 18608 b

1takes places. The photo copy shall be attached to the
2documentation detailing the record of sale.
3    (h) A licensee shall post in a conspicuous position on the
4premises where the licensee conducts business a sign that
5contains the following warning in block letters not less than
6one inch in height:
7        "With few exceptions, it is unlawful for you to:
8            (1) store or leave an unsecured firearm in a place
9        where a child can obtain access to it,
10            (2) sell or transfer your firearm to someone else
11        without receiving approval for the transfer from the
12        Department of State Police, or
13            (3) fail to report the loss or theft of your
14        firearm to local law enforcement within 72 hours."
15    A licensee shall post any additional warnings or provide
16any other information regarding firearms laws and the safe
17storage of firearms to consumers as required by the Department
18by rule.
19    (i) Before issuance, renewal, or restoration of a
20dealership license, the Department shall inspect the premises
21of the proposed business to ensure compliance with this Act.
22Licensees shall have their places of business open for
23inspection by the Department and law enforcement during all
24hours of operation, provided that the Department may conduct no
25more than one unannounced inspection per dealer or dealership
26per year without good cause. Licensees shall make all records,

 

 

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1documents, and firearms accessible for inspection upon the
2request of law enforcement and the Department.
3    (j) The premises where the licensee conducts business shall
4not be located in any district or area that is within 500 feet
5of any school, pre-school, or day-care facility. This
6subsection (j) does not apply to a licensee whose business
7existed in that location on the effective date of this Act, and
8does not limit the authority of a local government to impose
9and enforce additional limits on the location of a business
10regulated under this Act.
 
11    Section 75. Dealership agent requirements. A licensed
12dealership may employ in the conduct of his or her business
13dealership agents under the following provisions:
14    (1) A dealership shall not knowingly allow a person to have
15unsupervised access to firearms in the inventory of the
16dealership or confidential or security information who:
17        (A) is younger than 21 years of age;
18        (B) does not have a valid and unexpired concealed carry
19    license or Firearm Owner's Identification Card; or
20        (C) has had a license denied, suspended, or revoked
21    under this Act, or been terminated from employment as a
22    dealership agent:
23            (i) within one year before the date the person's
24        application for employment with the dealership; and
25            (ii) that refusal, denial, suspension, revocation,

 

 

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

 

 

SB1657- 27 -LRB100 08489 RLC 18608 b

1approval number if the Firearm Owner's Identification Card is
2currently valid.
3    (4) As part of an application for renewal or restoration of
4a dealership license, the dealership shall confirm the validity
5of the Firearm Owner's Identification Card of each dealership
6agent employed by the dealership, and record the unique
7approval number provided by the Department of State Police in
8the record maintained under paragraph (5) of this Section,
9provided that a dealership shall not be required to confirm the
10validity of the Firearm Owner's Identification Card of a
11dealership agent if the dealership has already confirmed the
12validity of the dealership agent's Firearm Owner's
13Identification Card within the last 6 months or the dealership
14agent has provided the dealership with a copy of his or her
15valid and unexpired concealed carry license within the last 6
16months.
17    (5) Each dealership shall maintain a record of each
18dealership agent that is accessible to the Department. The
19record shall contain the following information:
20        (A) The Dealership Agent's Statement specified in
21    paragraph (2) of this Section; and
22        (B) A copy of the dealership agent's concealed carry
23    license or Firearm Owner's Identification Card, and the
24    approval number provided by the Department of State Police
25    when the dealership last confirmed the validity of the
26    dealership agent's Firearm Owner's Identification Card.

 

 

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1    The Department may, by rule, prescribe further record
2    requirements.
3    (6) Every dealership shall maintain a separate roster of
4the names of all dealership agents and submit the roster to the
5Department on request.
6    (7) No dealership may employ any person to perform a
7licensed activity under this Act unless the person possesses a
8valid dealer license under this Act or the requirements of this
9Section are met, or the person is exempt under paragraph (8) of
10this Section.
11    (8) Peace officers shall be exempt from the requirements of
12this Section relating to Firearm Owner's Identification Cards
13and concealed carry licenses. The dealership shall remain
14responsible for any peace officer employed under this
15exemption, regardless of whether the peace officer is
16compensated as an employee or as an independent contractor and
17as further defined by rule.
18    (9) Persons who have no unsupervised access to firearms in
19the inventory of a dealership or confidential or security
20information are exempt from the requirements of a dealership
21agent.
22    (10) This Section shall apply to unpaid or paid volunteers
23or other agents of the dealership who will have access to or
24control over firearms in the inventory of the dealership or
25confidential or security information, just as it applies to
26paid employees.
 

 

 

SB1657- 29 -LRB100 08489 RLC 18608 b

1    Section 80. Employment requirement. A dealership licensed
2under this Act is prohibited from evading or attempting to
3evade the requirements for dealership agents under this Act by
4engaging a contractor or independent contractor to perform the
5activities of a dealer or dealership agent, unless that person
6is licensed under this Act.
 
7    Section 85. Disciplinary sanctions.
8    (a) The Department may deny issuance, refuse to renew, or
9restore or may reprimand, place on probation, suspend, revoke,
10or take other disciplinary or non-disciplinary action against
11any license, may impose a fine not to exceed $10,000 for each
12violation, and may assess costs as provided for under Section
13150, for any of the following, consistent with the Protection
14of Lawful Commerce in Arms Act, 15 U.S.C. 7901 through 7903 or
15amendments thereto:
16        (1) Material misstatement in furnishing information to
17    the Department or to any other State or federal agency.
18        (2) Violations of this Act, any of the rules adopted
19    under this Act, or any law applicable to the sale or
20    transfer of firearms.
21        (3) Making any misrepresentation for the purpose of
22    obtaining licenses or cards.
23        (4) A pattern of practice or other behavior which
24    demonstrates incapacity or incompetency to practice under

 

 

SB1657- 30 -LRB100 08489 RLC 18608 b

1    this Act.
2        (5) Aiding or assisting another person in violating any
3    provision of this Act or rules adopted under this Act.
4        (6) Failing, within 60 days, to provide information in
5    response to a written request made by the Department.
6        (7) Conviction of or plea of guilty or plea of nolo
7    contendere to any crime that disqualifies the person from
8    obtaining a valid Firearm Owner's Identification Card.
9        (8) Continued practice, although the person has become
10    unfit to practice due to any of the following:
11            (A) Physical illness, mental illness, or other
12        impairment, including, but not limited to,
13        deterioration through the aging process or loss of
14        motor skills that results in the inability to serve the
15        public with reasonable judgment, skill, or safety.
16            (B) Any circumstance that disqualifies the person
17        from obtaining a valid Firearm Owner's Identification
18        Card.
19            (C) Habitual or excessive use or abuse of drugs
20        defined in law as controlled substances, alcohol, or
21        any other substance that results in the inability to
22        practice with reasonable judgment, skill, or safety.
23        (9) Receiving, directly or indirectly, compensation
24    for any firearms sold or transferred illegally.
25        (10) Discipline by another United States jurisdiction,
26    foreign nation, or governmental agency, if at least one of

 

 

SB1657- 31 -LRB100 08489 RLC 18608 b

1    the grounds for the discipline is the same or substantially
2    equivalent to those set forth in this Act.
3        (11) Giving differential treatment to a person that is
4    to that person's detriment because of race, color, creed,
5    sex, sexual orientation, religion, or national origin.
6        (12) Violation of any disciplinary order imposed on a
7    licensee by the Department.
8        (13) Conducting a dealership without a valid license.
9        (14) Revealing confidential or security information,
10    except as specifically authorized by law, including but not
11    limited to information about purchasers and transferees of
12    firearms, provided that a licensee or dealership agent may
13    disclose this information under a court order, subpoena, or
14    search warrant or to the Department or federal, State, or
15    local law enforcement agencies upon request.
16        (15) Purporting to be a licensee-in-charge of an agency
17    without active participation in the agency.
18        (16) A finding by the Department that the licensee,
19    after having his or her license placed on probationary
20    status, has violated the terms of probation.
21        (17) Failure to report in writing to the Department,
22    within 60 days of an entry of a settlement or a verdict in
23    excess of $10,000, any legal action in which the business
24    of the dealer, dealership, or dealership agent was the
25    subject of the legal action.
26    (b) All fines imposed under this Section shall be paid

 

 

SB1657- 32 -LRB100 08489 RLC 18608 b

1within 60 days after the effective date of the order imposing
2the fine.
 
3    Section 90. Suspension or revocation of dealership agent
4authority.
5    (a) Dealership agents shall be subject to the disciplinary
6sanctions of this Act and shall otherwise comply with this Act
7and the rules adopted under it. Notwithstanding any other
8provision in this Act to the contrary, dealership agents shall
9not be responsible for compliance with any requirement that
10this Act assigns to the dealership or the licensee-in-charge
11regardless of the agent's job title, job duties, or position in
12the dealership. The procedures for disciplining a licensee
13shall also apply in taking action against a dealership agent.
14    (b) The revocation of a dealer's or dealership agent's
15Firearm Owner's Identification Card or concealed carry
16license, if applicable, operates as an automatic suspension of
17the dealer license or dealership agent's authority under this
18Act. The suspension shall end only upon the issuance by the
19Department of State Police of a new Firearm Owner's
20Identification Card or concealed carry license to the dealer or
21dealership agent.
 
22    Section 95. Returned checks; fines. Any person who delivers
23a check or other payment to the Department that is returned to
24the Department unpaid by the financial institution upon which

 

 

SB1657- 33 -LRB100 08489 RLC 18608 b

1it is drawn shall pay to the Department, in addition to the
2amount already owed to the Department, a fine of $50. The fines
3imposed by this Section are in addition to any other discipline
4provided under this Act for unlicensed business or business on
5a nonrenewed license. The Department shall notify the person
6that payment of fees and fines shall be paid to the Department
7by certified check or money order within 30 calendar days of
8the notification. If, after the expiration of 30 days from the
9date of the notification, the person has failed to submit the
10necessary remittance, the Department shall automatically
11terminate the license or deny the application, without hearing.
12If, after termination or denial, the person seeks a license, he
13or she shall apply to the Department for restoration or
14issuance of the license and pay all fees and fines due to the
15Department. The Department may establish a fee for the
16processing of an application for restoration of a license to
17pay all expenses of processing this application. The Secretary
18may waive the fines due under this Section in individual cases
19if the Secretary finds that the fines would be unreasonable or
20unnecessarily burdensome.
 
21    Section 100. Statute of limitations. No action may be taken
22under this Act against a person or entity licensed under this
23Act unless the action is commenced within 5 years after the
24occurrence of the alleged violations. A continuing violation
25shall be deemed to have occurred on the date when the

 

 

SB1657- 34 -LRB100 08489 RLC 18608 b

1circumstances last existed that give rise to the alleged
2violation.
 
3    Section 105. Complaints; investigations; hearings.
4    (a) The Department may investigate the actions of any
5applicant or of any person or persons holding or claiming to
6hold a license or registration under this Act.
7    (b) The Department shall, before disciplining a licensee
8under Section 130 or refusing to issue or license, at least 30
9days before the date set for the hearing, (i) notify the
10accused in writing of the charges made and the time and place
11for the hearing on the charges, (ii) direct him or her to file
12a written answer to the charges under oath within 20 days after
13service, and (iii) inform the applicant or licensee that
14failure to answer will result in a default being entered
15against the applicant or licensee.
16    (c) At the time and place fixed in the notice, the Board or
17the hearing officer appointed by the Secretary shall proceed to
18hear the charges, and the parties or their counsel shall be
19accorded ample opportunity to present any pertinent
20statements, testimony, evidence, and arguments. The Board or
21hearing officer may continue the hearing from time to time. In
22case the person, after receiving the notice, fails to file an
23answer, his or her license may, in the discretion of the
24Secretary, having first received the recommendation of the
25Board, be suspended, revoked, or placed on probationary status,

 

 

SB1657- 35 -LRB100 08489 RLC 18608 b

1or be subject to whatever disciplinary action the Secretary
2considers proper, including limiting the scope, nature, or
3extent of the person's business or the imposition of a fine,
4without hearing, if the act or acts charged constitute
5sufficient grounds for that action under this Act.
6    (d) The written notice and any notice in the subsequent
7proceeding may be served by certified mail to the licensee's
8address of record.
9    (e) The Secretary has the authority to appoint any attorney
10licensed to practice law in this State to serve as the hearing
11officer in any action for refusal to issue, restore, or renew a
12license or to discipline a licensee. The hearing officer has
13full authority to conduct the hearing.
 
14    Section 110. Hearing; rehearing.
15    (a) The Board or the hearing officer authorized by the
16Department shall hear evidence in support of the formal charges
17and evidence produced by the licensee. At the conclusion of the
18hearing, the Board shall present to the Secretary a written
19report of its findings of fact, conclusions of law, and
20recommendations. The report shall contain a finding of whether
21the accused person violated this Act or failed to comply with
22the conditions required in this Act. The Board shall specify
23the nature of the violation or failure to comply and shall make
24its recommendation to the Secretary.
25    (b) At the conclusion of the hearing, a copy of the Board

 

 

SB1657- 36 -LRB100 08489 RLC 18608 b

1or hearing officer's report shall be served upon the applicant
2or licensee by the Department, either personally or as provided
3in this Act for the service of a notice of hearing. Within 20
4calendar days after service, the applicant or licensee may
5present to the Department a motion in writing for a rehearing,
6which shall specify the particular grounds for rehearing. The
7Department may respond to the motion for rehearing within 20
8calendar days after its service on the Department. If no motion
9for rehearing is filed, then upon the expiration of the time
10specified for filing such a motion, or upon denial of a motion
11for rehearing, the Secretary may enter an order in accordance
12with the recommendations of the Board or hearing officer. If
13the applicant or licensee orders from the reporting service and
14pays for a transcript of the record within the time for filing
15a motion for rehearing, the 20-day period within which a motion
16may be filed shall commence upon the delivery of the transcript
17to the applicant or licensee.
18    (c) Whenever the Secretary is not satisfied that
19substantial justice has been done, the Secretary may order a
20rehearing by the same or another hearing officer.
21    (d) All proceedings under this Section are matters of
22public record and shall be preserved.
23    (e) The dealer or dealership may continue to operate as a
24dealer or dealership during the course of an investigation or
25hearing, unless the Secretary finds that the public interest,
26safety, or welfare requires an emergency action.

 

 

SB1657- 37 -LRB100 08489 RLC 18608 b

1    (f) Upon the suspension or revocation of a license, the
2licensee shall surrender the license to the Department and,
3upon failure to do so, the Department shall seize the same.
 
4    Section 115. Disposition by consent order. At any point in
5any investigation or disciplinary proceeding provided for in
6the Act, both parties may agree to a negotiated consent order.
7The consent order shall be final upon signature of the
8Secretary.
 
9    Section 120. Restoration of license after disciplinary
10proceedings. At any time after the successful completion of a
11term of indefinite probation, indefinite suspension, or
12revocation of a license, the Department may restore it to the
13licensee, unless, after an investigation and a hearing, the
14Secretary determines that restoration is not in the public
15interest. No person or entity whose license, card, or authority
16has been revoked as authorized in this Act may apply for
17restoration of that license, registration, or authority until
18such time as provided for in the Civil Administrative Code of
19Illinois.
 
20    Section 125. Injunction; cease and desist orders.
21    (a) Upon the filing of a verified petition in court, if
22satisfied by affidavit or otherwise that the person, firm,
23corporation, or other legal entity is or has been conducting

 

 

SB1657- 38 -LRB100 08489 RLC 18608 b

1activities in violation of this Act, the court may enter a
2temporary restraining order or preliminary injunction, without
3bond, enjoining the defendant from further activity. A copy of
4the verified complaint shall be served upon the defendant and
5the proceedings shall be conducted as in civil cases. If it is
6established the defendant has been or is conducting activities
7in violation of this Act, the court may enter a judgment
8enjoining the defendant from that activity. In case of
9violation of any injunctive order or judgment entered under
10this Section, the court may punish the offender for contempt of
11court. Injunctive proceedings shall be in addition to all other
12penalties under this Act.
13    (b) If any person has engaged in the business of selling,
14leasing, or otherwise transferring firearms without having a
15valid license under this Act, then any licensee, any interested
16party, or any person injured thereby may, in addition to the
17Secretary, petition for relief as provided in subsection (a) of
18this Section.
19    (c) Whenever the Department has reason to believe a person,
20firm, corporation, or other legal entity has violated any
21provision of this Act, the Department may issue a rule to show
22cause why an order to cease and desist should not be entered
23against that person, firm, corporation, or other legal entity.
24The rule shall clearly set forth the grounds relied upon by the
25Department and shall provide a period of 7 days from the date
26of the rule to file an answer to the satisfaction of the

 

 

SB1657- 39 -LRB100 08489 RLC 18608 b

1Department. Failure to answer to the satisfaction of the
2Department shall cause an order to cease and desist to be
3issued immediately.
 
4    Section 130. Administrative review. All final
5administrative decisions of the Department are subject to
6judicial review under Article III of the Code of Civil
7Procedure. The term "administrative decision" is defined as in
8Section 3-101 of the Code of Civil Procedure. The proceedings
9for judicial review shall be commenced in the circuit court of
10the county in which the party applying for review resides; but
11if the party is not a resident of this State, the venue shall
12be in Sangamon County. The Department shall not be required to
13certify any record to the court or file any answer in court or
14otherwise appear in any court in a judicial review proceeding,
15unless and until the Department has received from the plaintiff
16payment of the costs of furnishing and certifying the record,
17which costs shall be determined by the Department. Exhibits
18shall be certified without cost. Failure on the part of the
19applicant or licensee to file a receipt in court is grounds for
20dismissal of the action.
 
21    Section 135. Prima facie proof.
22    (a) An order or a certified copy thereof, over the seal of
23the Department and purporting to be signed by the Secretary, is
24prima facie proof that the signature is that of the Secretary,

 

 

SB1657- 40 -LRB100 08489 RLC 18608 b

1and the Secretary is qualified to act.
2    (b) A certified copy of a record of the Department shall,
3without further proof, be admitted into evidence in any legal
4proceeding, and shall be prima facie correct and prima facie
5evidence of the information contained therein.
 
6    Section 140. Subpoenas.
7    (a) The Department may subpoena and bring before it any
8person to take the oral or written testimony or compel the
9production of any books, papers, records, or any other
10documents that the Secretary or his or her designee deems
11relevant or material to any such investigation or hearing
12conducted by the Department with the same fees and in the same
13manner as prescribed in civil cases in the courts of this
14State.
15    (b) Any circuit court, upon the application of the
16applicant, licensee, or Department, may order the attendance
17and testimony of witnesses and the production of relevant
18documents, files, records, books, and papers in connection with
19any hearing or investigation. The circuit court may compel
20obedience to its order by proceedings for contempt.
21    (c) The Secretary, the hearing officer, any member of the
22Board, or a certified shorthand court reporter may administer
23oaths at any hearing the Department conducts. Notwithstanding
24any other statute or Department rule to the contrary, all
25requests for testimony, production of documents or records

 

 

SB1657- 41 -LRB100 08489 RLC 18608 b

1shall be in accordance with this Act.
 
2    Section 145. Stenographers. The Department, at its
3expense, shall preserve the record of all proceedings at a
4formal hearing of any case. The notice of hearing, complaint,
5all other documents in the nature of pleadings and written
6motions filed in the proceedings, the transcript of testimony,
7the report of the Board and orders of the Department shall be
8in the record of the proceedings.
 
9    Section 150. Fees; deposit of fees and fines. The
10Department shall by rule provide for fees for the
11administration and enforcement of this Act, and those fees are
12nonrefundable. All of the fees, penalties, and fines collected
13under this Act shall be deposited into the General Professions
14Dedicated Fund and shall be appropriated to the Department for
15the ordinary and contingent expenses of the Department in the
16administration and enforcement of this Act.
 
17    Section 155. Illinois Administrative Procedure Act;
18application.
19    (a) All rules required under this Act shall be adopted in
20accordance with Article 5 of the Illinois Administrative
21Procedure Act.
22    (b) Article 10 of the Illinois Administrative Procedure Act
23is expressly adopted and incorporated in this Act as if all of

 

 

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1the provisions of that Article were included in this Act,
2except that the provision of paragraph (d) of Section 10-65 of
3the Illinois Administrative Procedure Act, which provides that
4at hearings the registrant or licensee has the right to show
5compliance with all lawful requirements for retention or
6continuation or renewal of the license, is specifically
7excluded. For the purpose of this Act, the notice required
8under Section 10-25 of the Illinois Administrative Procedure
9Act is considered sufficient when mailed to the address of
10record of a party.
 
11    Section 160. Confidentiality. All information collected by
12the Department in the course of an examination or investigation
13of a licensee or applicant, including, but not limited to, any
14complaint against a licensee filed with the Department and
15information collected to investigate any such complaint, shall
16be maintained for the confidential use of the Department and
17shall not be disclosed. The Department shall not disclose the
18information to anyone other than law enforcement officials,
19regulatory agencies that have an appropriate regulatory
20interest as determined by the Secretary, or a party presenting
21a lawful subpoena to the Department. Information and documents
22disclosed to a federal, State, county, or local law enforcement
23agency shall not be disclosed by the agency for any purpose to
24any other agency or person. A formal complaint filed against a
25licensee by the Department or any order issued by the

 

 

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1Department against a licensee or applicant shall be a public
2record, except as otherwise prohibited by law.
 
3    Section 165. Rules. The Department shall adopt rules
4necessary to implement the provisions of this Act no later than
5180 days after the effective date of this Act. The Department
6may adopt rules necessary to implement the provisions of this
7Act through the use of emergency rulemaking in accordance with
8Section 5-45 of the Illinois Administrative Procedure Act for a
9period not to exceed 180 days after the effective date of this
10Act.
 
11    Section 900. The Regulatory Sunset Act is amended by adding
12Section 4.38 as follows:
 
13    (5 ILCS 80/4.38 new)
14    Sec. 4.38. Act repealed on January 1, 2028. The following
15Act is repealed on January 1, 2028:
16    The Gun Dealer Licensing Act.
 
17    Section 905. The Illinois Administrative Procedure Act is
18amended by changing Section 5-45 as follows:
 
19    (5 ILCS 100/5-45)  (from Ch. 127, par. 1005-45)
20    (Text of Section after amendment by P.A. 99-906)
21    Sec. 5-45. Emergency rulemaking.

 

 

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

 

 

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1to (i) emergency rules that make additions to and deletions
2from the Drug Manual under Section 5-5.16 of the Illinois
3Public Aid Code or the generic drug formulary under Section
43.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
5emergency rules adopted by the Pollution Control Board before
6July 1, 1997 to implement portions of the Livestock Management
7Facilities Act, (iii) emergency rules adopted by the Illinois
8Department of Public Health under subsections (a) through (i)
9of Section 2 of the Department of Public Health Act when
10necessary to protect the public's health, (iv) emergency rules
11adopted pursuant to subsection (n) of this Section, (v)
12emergency rules adopted pursuant to subsection (o) of this
13Section, or (vi) emergency rules adopted pursuant to subsection
14(c-5) of this Section. Two or more emergency rules having
15substantially the same purpose and effect shall be deemed to be
16a single rule for purposes of this Section.
17    (c-5) To facilitate the maintenance of the program of group
18health benefits provided to annuitants, survivors, and retired
19employees under the State Employees Group Insurance Act of
201971, rules to alter the contributions to be paid by the State,
21annuitants, survivors, retired employees, or any combination
22of those entities, for that program of group health benefits,
23shall be adopted as emergency rules. The adoption of those
24rules shall be considered an emergency and necessary for the
25public interest, safety, and welfare.
26    (d) In order to provide for the expeditious and timely

 

 

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1implementation of the State's fiscal year 1999 budget,
2emergency rules to implement any provision of Public Act 90-587
3or 90-588 or any other budget initiative for fiscal year 1999
4may be adopted in accordance with this Section by the agency
5charged with administering that provision or initiative,
6except that the 24-month limitation on the adoption of
7emergency rules and the provisions of Sections 5-115 and 5-125
8do not apply to rules adopted under this subsection (d). The
9adoption of emergency rules authorized by this subsection (d)
10shall be deemed to be necessary for the public interest,
11safety, and welfare.
12    (e) In order to provide for the expeditious and timely
13implementation of the State's fiscal year 2000 budget,
14emergency rules to implement any provision of Public Act 91-24
15or any other budget initiative for fiscal year 2000 may be
16adopted in accordance with this Section by the agency charged
17with administering that provision or initiative, except that
18the 24-month limitation on the adoption of emergency rules and
19the provisions of Sections 5-115 and 5-125 do not apply to
20rules adopted under this subsection (e). The adoption of
21emergency rules authorized by this subsection (e) shall be
22deemed to be necessary for the public interest, safety, and
23welfare.
24    (f) In order to provide for the expeditious and timely
25implementation of the State's fiscal year 2001 budget,
26emergency rules to implement any provision of Public Act 91-712

 

 

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

 

 

SB1657- 48 -LRB100 08489 RLC 18608 b

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 (h). The adoption of
5emergency rules authorized by this subsection (h) shall be
6deemed to be necessary for the public interest, safety, and
7welfare.
8    (i) In order to provide for the expeditious and timely
9implementation of the State's fiscal year 2004 budget,
10emergency rules to implement any provision of Public Act 93-20
11or any other budget initiative for fiscal year 2004 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 (i). The adoption of
17emergency rules authorized by this subsection (i) shall be
18deemed to be necessary for the public interest, safety, and
19welfare.
20    (j) In order to provide for the expeditious and timely
21implementation of the provisions of the State's fiscal year
222005 budget as provided under the Fiscal Year 2005 Budget
23Implementation (Human Services) Act, emergency rules to
24implement any provision of the Fiscal Year 2005 Budget
25Implementation (Human Services) Act may be adopted in
26accordance with this Section by the agency charged with

 

 

SB1657- 49 -LRB100 08489 RLC 18608 b

1administering that provision, except that the 24-month
2limitation on the adoption of emergency rules and the
3provisions of Sections 5-115 and 5-125 do not apply to rules
4adopted under this subsection (j). The Department of Public Aid
5may also adopt rules under this subsection (j) necessary to
6administer the Illinois Public Aid Code and the Children's
7Health Insurance Program Act. The adoption of emergency rules
8authorized by this subsection (j) shall be deemed to be
9necessary for the public interest, safety, and welfare.
10    (k) In order to provide for the expeditious and timely
11implementation of the provisions of the State's fiscal year
122006 budget, emergency rules to implement any provision of
13Public Act 94-48 or any other budget initiative for fiscal year
142006 may be adopted in accordance with this Section by the
15agency charged with administering that provision or
16initiative, except that the 24-month limitation on the adoption
17of emergency rules and the provisions of Sections 5-115 and
185-125 do not apply to rules adopted under this subsection (k).
19The Department of Healthcare and Family Services may also adopt
20rules under this subsection (k) necessary to administer the
21Illinois Public Aid Code, the Senior Citizens and Persons with
22Disabilities Property Tax Relief Act, the Senior Citizens and
23Disabled Persons Prescription Drug Discount Program Act (now
24the Illinois Prescription Drug Discount Program Act), and the
25Children's Health Insurance Program Act. The adoption of
26emergency rules authorized by this subsection (k) shall be

 

 

SB1657- 50 -LRB100 08489 RLC 18608 b

1deemed to be necessary for the public interest, safety, and
2welfare.
3    (l) In order to provide for the expeditious and timely
4implementation of the provisions of the State's fiscal year
52007 budget, the Department of Healthcare and Family Services
6may adopt emergency rules during fiscal year 2007, including
7rules effective July 1, 2007, in accordance with this
8subsection to the extent necessary to administer the
9Department's responsibilities with respect to amendments to
10the State plans and Illinois waivers approved by the federal
11Centers for Medicare and Medicaid Services necessitated by the
12requirements of Title XIX and Title XXI of the federal Social
13Security Act. The adoption of emergency rules authorized by
14this subsection (l) shall be deemed to be necessary for the
15public interest, safety, and welfare.
16    (m) In order to provide for the expeditious and timely
17implementation of the provisions of the State's fiscal year
182008 budget, the Department of Healthcare and Family Services
19may adopt emergency rules during fiscal year 2008, including
20rules effective July 1, 2008, in accordance with this
21subsection to the extent necessary to administer the
22Department's responsibilities with respect to amendments to
23the State plans and Illinois waivers approved by the federal
24Centers for Medicare and Medicaid Services necessitated by the
25requirements of Title XIX and Title XXI of the federal Social
26Security Act. The adoption of emergency rules authorized by

 

 

SB1657- 51 -LRB100 08489 RLC 18608 b

1this subsection (m) shall be deemed to be necessary for the
2public interest, safety, and welfare.
3    (n) In order to provide for the expeditious and timely
4implementation of the provisions of the State's fiscal year
52010 budget, emergency rules to implement any provision of
6Public Act 96-45 or any other budget initiative authorized by
7the 96th General Assembly for fiscal year 2010 may be adopted
8in accordance with this Section by the agency charged with
9administering that provision or initiative. The adoption of
10emergency rules authorized by this subsection (n) shall be
11deemed to be necessary for the public interest, safety, and
12welfare. The rulemaking authority granted in this subsection
13(n) shall apply only to rules promulgated during Fiscal Year
142010.
15    (o) In order to provide for the expeditious and timely
16implementation of the provisions of the State's fiscal year
172011 budget, emergency rules to implement any provision of
18Public Act 96-958 or any other budget initiative authorized by
19the 96th General Assembly for fiscal year 2011 may be adopted
20in accordance with this Section by the agency charged with
21administering that provision or initiative. The adoption of
22emergency rules authorized by this subsection (o) is deemed to
23be necessary for the public interest, safety, and welfare. The
24rulemaking authority granted in this subsection (o) applies
25only to rules promulgated on or after July 1, 2010 (the
26effective date of Public Act 96-958) through June 30, 2011.

 

 

SB1657- 52 -LRB100 08489 RLC 18608 b

1    (p) In order to provide for the expeditious and timely
2implementation of the provisions of Public Act 97-689,
3emergency rules to implement any provision of Public Act 97-689
4may be adopted in accordance with this subsection (p) by the
5agency charged with administering that provision or
6initiative. The 150-day limitation of the effective period of
7emergency rules does not apply to rules adopted under this
8subsection (p), and the effective period may continue through
9June 30, 2013. The 24-month limitation on the adoption of
10emergency rules does not apply to rules adopted under this
11subsection (p). The adoption of emergency rules authorized by
12this subsection (p) is deemed to be necessary for the public
13interest, safety, and welfare.
14    (q) In order to provide for the expeditious and timely
15implementation of the provisions of Articles 7, 8, 9, 11, and
1612 of Public Act 98-104, emergency rules to implement any
17provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
18may be adopted in accordance with this subsection (q) by the
19agency charged with administering that provision or
20initiative. The 24-month limitation on the adoption of
21emergency rules does not apply to rules adopted under this
22subsection (q). The adoption of emergency rules authorized by
23this subsection (q) is deemed to be necessary for the public
24interest, safety, and welfare.
25    (r) In order to provide for the expeditious and timely
26implementation of the provisions of Public Act 98-651,

 

 

SB1657- 53 -LRB100 08489 RLC 18608 b

1emergency rules to implement Public Act 98-651 may be adopted
2in accordance with this subsection (r) by the Department of
3Healthcare and Family Services. The 24-month limitation on the
4adoption of emergency rules does not apply to rules adopted
5under this subsection (r). The adoption of emergency rules
6authorized by this subsection (r) is deemed to be necessary for
7the public interest, safety, and welfare.
8    (s) In order to provide for the expeditious and timely
9implementation of the provisions of Sections 5-5b.1 and 5A-2 of
10the Illinois Public Aid Code, emergency rules to implement any
11provision of Section 5-5b.1 or Section 5A-2 of the Illinois
12Public Aid Code may be adopted in accordance with this
13subsection (s) by the Department of Healthcare and Family
14Services. The rulemaking authority granted in this subsection
15(s) shall apply only to those rules adopted prior to July 1,
162015. Notwithstanding any other provision of this Section, any
17emergency rule adopted under this subsection (s) shall only
18apply to payments made for State fiscal year 2015. The adoption
19of emergency rules authorized by this subsection (s) is deemed
20to be necessary for the public interest, safety, and welfare.
21    (t) In order to provide for the expeditious and timely
22implementation of the provisions of Article II of Public Act
2399-6, emergency rules to implement the changes made by Article
24II of Public Act 99-6 to the Emergency Telephone System Act may
25be adopted in accordance with this subsection (t) by the
26Department of State Police. The rulemaking authority granted in

 

 

SB1657- 54 -LRB100 08489 RLC 18608 b

1this subsection (t) shall apply only to those rules adopted
2prior to July 1, 2016. The 24-month limitation on the adoption
3of emergency rules does not apply to rules adopted under this
4subsection (t). The adoption of emergency rules authorized by
5this subsection (t) is deemed to be necessary for the public
6interest, safety, and welfare.
7    (u) In order to provide for the expeditious and timely
8implementation of the provisions of the Burn Victims Relief
9Act, emergency rules to implement any provision of the Act may
10be adopted in accordance with this subsection (u) by the
11Department of Insurance. The rulemaking authority granted in
12this subsection (u) shall apply only to those rules adopted
13prior to December 31, 2015. The adoption of emergency rules
14authorized by this subsection (u) is deemed to be necessary for
15the public interest, safety, and welfare.
16    (v) In order to provide for the expeditious and timely
17implementation of the provisions of Public Act 99-516,
18emergency rules to implement Public Act 99-516 may be adopted
19in accordance with this subsection (v) by the Department of
20Healthcare and Family Services. The 24-month limitation on the
21adoption of emergency rules does not apply to rules adopted
22under this subsection (v). The adoption of emergency rules
23authorized by this subsection (v) is deemed to be necessary for
24the public interest, safety, and welfare.
25    (w) In order to provide for the expeditious and timely
26implementation of the provisions of Public Act 99-796,

 

 

SB1657- 55 -LRB100 08489 RLC 18608 b

1emergency rules to implement the changes made by Public Act
299-796 may be adopted in accordance with this subsection (w) by
3the Adjutant General. The adoption of emergency rules
4authorized by this subsection (w) is deemed to be necessary for
5the public interest, safety, and welfare.
6    (x) In order to provide for the expeditious and timely
7implementation of the provisions of Public Act 99-906 this
8amendatory Act of the 99th General Assembly, emergency rules to
9implement subsection (i) of Section 16-115D, subsection (g) of
10Section 16-128A, and subsection (a) of Section 16-128B of the
11Public Utilities Act may be adopted in accordance with this
12subsection (x) by the Illinois Commerce Commission. The
13rulemaking authority granted in this subsection (x) shall apply
14only to those rules adopted within 180 days after June 1, 2017
15(the effective date of Public Act 99-906) this amendatory Act
16of the 99th General Assembly. The adoption of emergency rules
17authorized by this subsection (x) is deemed to be necessary for
18the public interest, safety, and welfare.
19    (y) In order to provide for the expeditious and timely
20implementation of the provisions of the Gun Dealer Licensing
21Act, emergency rules to implement any provision of the Act may
22be adopted in accordance with this subsection (y) by the
23Department of Financial and Professional Regulation. The
24rulemaking authority granted in this subsection (y) shall apply
25only to those rules adopted no later than one year after the
26effective date of this amendatory Act of the 100th General

 

 

SB1657- 56 -LRB100 08489 RLC 18608 b

1Assembly. The adoption of emergency rules authorized by this
2subsection (y) is deemed to be necessary for the public
3interest, safety, and welfare.
4(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13;
598-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16;
699-143, eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff.
76-30-16; 99-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906,
8eff. 6-1-17; revised 1-1-17.)