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Full Text of SB1657  100th General Assembly

SB1657sam001 100TH GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 4/25/2017

 

 


 

 


 
10000SB1657sam001LRB100 08489 RLC 25300 a

1
AMENDMENT TO SENATE BILL 1657

2    AMENDMENT NO. ______. Amend Senate Bill 1657 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    "Collector" means as defined by 18 U.S.C. 921(a)(13) any
4person who acquires, holds, or disposes of firearms as curios
5or relics, as the United States Attorney General shall by
6regulation define. "Collector" includes the following type of
7Federal Firearms License: Type 03-collector of curios and
8relics.
9    "Confidential or security information" means information
10which identifies the purchasers or other transferees of
11firearms from a dealer or dealership.
12    "Dealer" means any person engaged in the business of
13selling, leasing, or otherwise transferring firearms or any
14person within the meanings provided by 18 U.S.C. 921(a)(11) and
1527 CFR 478.11 to include any person engaged in the business of
16selling firearms at wholesale or retail, or repairing firearms
17or making or fitting special barrels, stocks, or trigger
18mechanisms to firearms. "Dealer" includes the following
19Federal Firearms Licenses: Type 01-dealer in firearms other
20than destructive devices; Type 02-pawnbroker in firearms other
21than destructive devices; Type 09-dealer of destructive
22devices.
23    "Dealership" means a person, firm, corporation, or other
24legal entity that engages in the business of selling, leasing,
25or otherwise transferring firearms and employs, in addition to
26the gun dealer licensee-in-charge, at least one other

 

 

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1dealership agent.
2    "Dealership agent" means an owner, officer, paid or unpaid
3agent, volunteer or employee of a licensed dealership who has
4access to or control of firearms in the inventory of the
5dealership or confidential or security information of the
6dealership.
7    "Dealership licensee-in-charge" or "licensee-in-charge"
8means a dealer who has been designated by a dealership to be
9the licensee-in-charge of the dealership, who is a full-time
10management employee or owner who assumes sole responsibility
11for maintaining all records required by this Act, and who
12assumes sole responsibility for assuring the dealership's
13compliance with its responsibilities as stated in this Act. The
14Department shall adopt rules mandating licensee-in-charge
15participation in dealership affairs.
16    "Department" means the Department of Financial and
17Professional Regulation.
18    "Engaged in the business" means a person who, as provided
19in 18 U.S.C. 921(a)(21) and 27 CFR 478.11(a), devotes time,
20attention, and labor to engaging in such activity as a regular
21course of trade or business with the principal objective of
22livelihood and profit, or who:
23        (1) conducts a business selling, leasing, or
24    transferring firearms;
25        (2) holds himself or herself out as engaged in the
26    business of selling, leasing, or otherwise transferring

 

 

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1    firearms; or
2        (3) sells, leases, or transfers firearms in quantity,
3    in series, or in any other manner indicative of trade.
4    "Firearm" has the same meaning as "firearm" in Section 1.1
5of the Firearm Owners Identification Card Act.
6    "Gunsmith" means, as defined in 27 CFR 478.11(d), any
7person who receives firearms (frames, receivers, or otherwise)
8provided by a customer for the purpose of repairing, modifying,
9embellishing, refurbishing, or installing parts in or on those
10firearms. A gunsmith is not "engaged in the business" of
11manufacturing firearms because the firearms being produced are
12not owned by the gunsmith and he does not sell or distribute
13the firearms manufactured.
14    "Importer" means, as defined by 18 U.S.C. 921 (a)(9) and 18
15U.S.C. 921 (a)(21)(E), a person who devotes time, attention,
16and labor to importing firearms as a regular course of trade or
17business with the principal objective of livelihood and profit
18through the sale or distribution of the firearms imported.
19"Importer" shall include the following types of Federal
20Firearms Licenses: Type 08-importer of firearms other than
21destructive devices or ammunition for firearms other than
22destructive devices, or ammunition other than armor piercing
23ammunition; Type 11-importer of destructive devices,
24ammunition for destructive devices, or armor piercing
25ammunition.
26    "Licensee" means a dealer or a dealership licensed under

 

 

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1this Act. Anyone who holds himself or herself out as a licensee
2or who is accused of unlicensed business is considered a
3licensee for purposes of enforcement, investigation, hearings,
4and the Illinois Administrative Procedure Act.
5    "Licensed collector" means any person licensed as a
6collector under 18 U.S.C. 923.
7    "Manufacturer" means, as defined by 18 U.S.C. 921 (a)(10)
8and 27 CFR 478.11, any person engaged in the business of
9manufacturing firearms or ammunition for purposes of sale or
10distribution. "Manufacturer" includes the following types of
11Federal Firearms Licenses: Type 06-manufacturer of ammunition
12for firearms other than ammunition for destructive devices or
13armor piercing ammunition; Type 07-manufacturer of firearms
14other than destructive devices; Type 10-manufacturer of
15destructive devices, ammunition for destructive devices, or
16armor piercing ammunition.
17    "Person" means a natural person.
18    "Secretary" means the Secretary of Financial and
19Professional Regulation.
 
20    Section 10. License requirement.
21    (a) It is unlawful for a person to engage in the business
22of selling, leasing, or otherwise transferring firearms
23without a license under this Act. A dealership agent other than
24a dealer licensee-in-charge may act on behalf of the licensed
25dealership under Section 75 without being licensed as a dealer

 

 

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1under this Act.
2    (b) It is unlawful for a person, firm, corporation, group
3of individuals, or other legal entity to act as a dealership
4licensed under this Act, to advertise, or to assume to act as a
5licensed dealership or to use a title implying that the person,
6firm, or other entity is engaged in business as a dealership
7without a license under this Act. An individual or sole
8proprietor licensed as a dealer who operates without any
9dealership agents may act as a dealership without having to
10obtain a dealership license, provided the dealer notifies the
11Department that he or she is operating in this manner and
12provides the information required under Section 65, as
13determined to be applicable to the dealer by the Department.
14The dealer may operate under a "doing business as" or assumed
15name certification so long as the assumed name is first
16registered with the Department.
17    (b-5) A person licensed as an auctioneer under the Auction
18License Act may facilitate a transfer permitted under this Act
19without being registered as a dealer under this Act.
20    (c) No dealership shall operate a branch office without
21first applying for and receiving a branch office license for
22each location. The term "branch office" does not include a
23location at which the dealership conducts business
24temporarily, such as at a gun show.
25    (d) It is unlawful to obtain or attempt to obtain any
26license or authorization issued under this Act by fraudulent

 

 

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1misrepresentation.
2    (e) A person who violates any provision of this Section is
3guilty of a Class A misdemeanor for a first violation, and a
4Class 4 felony for a second or subsequent violation.
5    (f) In addition to any other penalty provided by law, any
6person or entity who violates any provision of this Section
7shall pay a civil penalty to the Department in an amount not to
8exceed $10,000 for each offense as determined by the
9Department. The civil penalty shall be assessed by the
10Department after a hearing is held in accordance with the
11provisions set forth in this Act regarding the provision of a
12hearing for the discipline of a licensee.
13    (g) The Department has the authority and power to
14investigate any and all unlicensed activity.
15    (h) The civil penalty shall be paid within 60 days after
16the effective date of the order imposing the civil penalty. The
17order shall constitute a judgment and may be filed and
18execution had thereon in the same manner as any judgment from
19any court of record.
 
20    Section 15. Exemptions. The provisions of this Act related
21to the licensure of dealers and dealerships do not apply to a
22person or other entity that engages in the following
23activities:
24    (1) transfers of less than 10 firearms within each calendar
25year;

 

 

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1    (2) temporary transfers of firearms solely for use at the
2location or on the premises where the transfer takes place,
3such as transfers at a shooting range for use at that location;
4    (3) temporary transfers of firearms solely for use while in
5the presence of the transferor, such as transfers for the
6purposes of firearm safety training by a training instructor;
7    (4) transfers of firearms among immediate family or
8household members, as "immediate family or household member" is
9defined in Section 3-2.7-10 of the Unified Code of Corrections;
10    (5) transfers by persons or entities acting under operation
11of law or a court order;
12    (6) transfers by persons or entities liquidating all or
13part of a collection. For purposes of this paragraph (6),
14"collection" means 2 or more firearms which are of special
15interest to collectors by reason of some quality other than is
16associated with firearms intended for sporting use or as
17offensive or defensive weapons;
18    (7) transfers of firearms that have been rendered
19permanently inoperable to a nonprofit historical society,
20museum, or institutional collection;
21    (8) transfers by a law enforcement or corrections agency or
22a law enforcement or corrections officer acting within the
23course and scope of his or her official duties;
24    (9) transfers by a person who has his or her Firearm
25Owner's Identification Card revoked to a State or local law
26enforcement agency;

 

 

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1    (10) transfers of curios and relics, as defined under
2federal law, between collectors licensed under subsection (b)
3of Section 923 of the federal Gun Control Act of 1968;
4    (11) transfers by a manufacturer or importer; provided,
5that a dealer holding a Federal Firearms License Type 01-dealer
6in firearms other than destructive devices; Type 02-pawnbroker
7in firearms other than destructive devices; or Type 09-dealer
8of destructive devices on April 1, 2017, is not exempt from
9this Act by obtaining a Manufacturer Federal Firearms License
10or Importer Federal Firearms License;
11    (12) transfers of pieces or parts of a firearm that do not
12themselves qualify as firearms under paragraph (3) of
13subsection (a) of Section 921 of the federal Gun Control Act of
141968 by a person who is actually engaged in manufacturing and
15selling those pieces or parts but only on the activities which
16are within the lawful scope of that business, and the
17manufacture of which do not require the manufacturer to hold a
18Federal Firearms License; or
19    (13) transfers of firearms by a dealer in which 20% or less
20of the dealer's annual sales are from the sale of firearms.
 
21    Section 20. Powers and duties of the Department. Subject to
22the provisions of this Act, the Department shall exercise the
23following powers and duties:
24        (1) Prescribe forms to be issued for the administration
25    and enforcement of this Act.

 

 

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

 

 

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

 

 

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1    duties related to criminal justice;
2        (3) one member with at least 5 years of experience as a
3    federally licensed firearms dealer in good standing within
4    this State;
5        (4) one member who is a representative of an advocacy
6    group for public safety; and
7        (5) one member shall be a lawyer licensed to practice
8    law in this State. The membership shall reasonably reflect
9    the different geographic areas in this State.
10    (b) Members shall serve 4 year terms and may serve until
11their successors are appointed and qualified. Partial terms of
12over 2 years in length shall be considered full terms. No
13member shall serve for more than 2 successive terms. Whenever a
14vacancy in the Board occurs, the remaining members of the Board
15shall notify the Secretary of that vacancy within 5 days after
16its occurrence and the Secretary shall fill the vacancy within
1745 days. Appointments to fill vacancies shall be made in the
18same manner as the original appointments for the unexpired
19portion of the vacated term.
20    (c) The Secretary may recommend the removal of any member
21of the Board for cause at any time before the expiration of his
22or her term. A majority vote of the members is required for a
23decision to remove any member of the Board. A member subject to
24formal disciplinary proceedings shall disqualify himself or
25herself from all Board business until the charge is resolved. A
26member also shall disqualify himself or herself from any matter

 

 

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1on which the member cannot act objectively.
2    (d) The Board shall annually elect one of its members as
3chairperson and one of its members as vice-chair.
4    (e) Members shall receive compensation as set by law. Each
5member shall receive reimbursement as set by the Governor's
6Travel Control Board for expenses incurred in carrying out the
7duties as a Board member.
8    (f) A majority of Board members constitutes a quorum. A
9majority vote of the members is required for a decision. A
10vacancy in the membership of the Board shall not impair the
11right of a quorum to exercise all of the rights and perform all
12of the duties of the Board.
13    (g) The Board may recommend policies, procedures, and rules
14relevant to the administration and enforcement of this Act.
 
15    Section 30. Application for license; forms.
16    (a) Each license application shall be on forms provided by
17the Department.
18    (b) Every application for an original dealer license shall
19include the applicant's social security number, which shall be
20retained in the dealership's records pertaining to the license.
21As soon as practical, the Department shall assign a customer's
22identification number to each applicant for a license.
23    Every application for a renewal or restored license shall
24require the applicant's customer identification number.
25    (c) Beginning January 1, 2019, the Department shall accept

 

 

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1applications for dealership licenses and dealer licenses.
 
2    Section 35. Issuance of license; renewal; fees.
3    (a) The Department shall, upon the applicant's
4satisfactory completion of the requirements under this Act and
5receipt of the fee, issue the license indicating the name and
6business location of the licensee and the date of expiration.
7On or before December 31, 2019, the Department shall issue
8dealer and dealership licenses to all qualified applicants
9whose business existed in that location on the effective date
10of this Act, and who submitted the application to the
11Department on or after January 1, 2019 but before October 1,
122019. If an applicant submits an application for a license
13before October 1, 2019 and the Department does not issue or
14deny the license on or before December 31, 2019, or the
15Department does not issue or deny a license within 90 days to
16an applicant who submits an application for a license or
17renewal of a license on October 1, 2019 or thereafter, the
18applicant or licensee shall not be in violation of this Act on
19the basis of continuing to operate the business.
20    (b) The expiration date, renewal period, and conditions for
21renewal and restoration of each license shall be set by rule.
22The holder may renew the license during the 90 days preceding
23its expiration by paying the required fee and by meeting
24conditions that the Department may specify. As a condition of
25renewal of a dealer's license, the Department shall receive

 

 

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

 

 

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1Marine Corps, the Air Force, the Coast Guard, or the State
2Militia called into the service or training of the United
3States of America, or (2) in training or education under the
4supervision of the United States preliminary to induction into
5the military service, may have his or her license restored
6without paying any lapsed renewal fees or restoration fee, if
7within 2 years after termination of that service, training or
8education, other than by dishonorable discharge, he or she
9furnishes the Department with an affidavit to the effect that
10he or she has been so engaged and that his or her service,
11training or education has been so terminated.
12    (f) A license shall not be denied any applicant because of
13the race, religion, creed, national origin, political beliefs
14or activities, age, sex, sexual orientation, or physical
15disability that does not affect a person's ability to practice
16with reasonable judgment, skill, or safety.
 
17    Section 40. Continuing education. The Department may adopt
18rules of continuing education for persons licensed under this
19Act. The Department shall consider the recommendations of the
20Board in establishing guidelines for the continuing education
21requirements.
 
22    Section 45. Examination of applicants; fee forfeiture.
23    (a) Applicants for licensure as a dealer shall be examined
24as provided by this Section if they are qualified to be

 

 

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1examined under this Act. All applicants taking the examination
2shall be evaluated using the same standards as others who are
3examined for the respective license.
4    (b) Examinations for licensure shall be held at the time
5and place as the Department may determine, but shall be held at
6least twice a year.
7    (c) Examinations shall test the amount of knowledge and
8skill needed to perform the duties set under this Act and
9comply with other provisions of federal and State law
10applicable to the sale and transfer of firearms. The Department
11may contract with a testing service for the preparation and
12conduct of the examination.
13    (d) If an applicant neglects, fails, or refuses to take an
14examination within one year after filing an application, the
15fee shall be forfeited. However, an applicant may, after a
161-year period, make a new application for examination
17accompanied by the required fee. If an applicant fails to pass
18the examination within 3 years after filing an application, the
19application shall be denied. An applicant may make a new
20application after the 3-year period.
21    (e) This Section does not apply to an applicant who was
22properly licensed as a firearms dealer under Section 923 of the
23federal Gun Control Act of 1968 (18 U.S.C. 923) on the
24effective date of this Act, in operation in this State.
 
25    Section 50. Qualifications for licensure as a dealer.

 

 

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1    (a) A person is qualified for licensure as a dealer if he
2or she meets all of the following requirements:
3        (1) is at least 21 years of age;
4        (2) has a currently valid and unexpired concealed carry
5    license or Firearm Owner's Identification Card. The
6    Department shall verify the validity of the applicant's
7    Firearm Owner's Identification Card through the Department
8    of State Police in a manner prescribed by rule by the
9    Department of State Police. The Department of State Police
10    shall provide the Department with an approval number if the
11    Firearm Owner's Identification Card is currently valid;
12        (3) has not had a license or permit to sell, lease,
13    transfer, purchase, or possess firearms from the federal
14    government or the government of any state or subdivision of
15    any state revoked or suspended for good cause within the
16    preceding 3 years, or been terminated from employment with
17    a licensee or former licensee for good cause within the
18    preceding 3 years;
19        (4) has a minimum of one year of experience, with a
20    minimum of 100 hours per year, during the 5 years
21    immediately preceding the application: (i) as a dealership
22    agent under this Act; or (ii) as a federal firearms dealer
23    licensed under Section 923 of the federal Gun Control Act
24    of 1968 (18 U.S.C. 923) or an employee of the business who
25    had access to firearms;
26        (5) has paid the fees required by this Act; and

 

 

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1        (6) has passed an examination authorized by the
2    Department.
3    (b) The Department may request a personal interview of an
4applicant before the Board to further evaluate his or her
5qualifications for a license.
 
6    Section 55. Qualifications for licensure as a dealership.
7    (a) Upon receipt of the required fee and the information
8listed in subsection (b) of this Section, the Department shall
9issue a license as a dealership to any of the following:
10        (1) An individual who submits an application and is a
11    licensed dealer under this Act.
12        (2) A firm that submits an application and all of the
13    members of the firm are licensed dealers under this Act.
14        (3) A corporation or limited liability company doing
15    business in this State that is authorized by its articles
16    of incorporation or organization to engage in the business
17    of conducting a dealership if at least one executive
18    employee is licensed as a dealer under this Act.
19    (b) The Department shall require all of the following
20information from each applicant for licensure as a dealership
21under this Act:
22        (1) The name, full business address, and telephone
23    number of the dealership. The business address for the
24    dealership shall be the complete street address where
25    firearms in the inventory of the dealership are regularly

 

 

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1    stored, shall be located within the State, and may not be a
2    Post Office Box. The applicant shall submit proof that the
3    business location is or will be used to conduct the
4    dealership's business.
5        (2) All trade or business names used by the licensee.
6        (3) The type of ownership or operation, such as a
7    partnership, corporation, or sole proprietorship.
8        (4) The name of the owner or operator of the
9    dealership, including:
10            (A) if a person, then the name and address of
11        record of the person;
12            (B) if a partnership, then the name and address of
13        record of each partner and the name of the partnership;
14            (C) if a corporation, then the name, address of
15        record, and title of each corporate officer and
16        director, the corporate names, and the name of the
17        state of incorporation; and
18            (D) if a sole proprietorship, then the full name
19        and address of record of the sole proprietor and the
20        name of the business entity.
21        (5) The name and license number of the
22    licensee-in-charge for the dealership.
23        (6) Proof that the applicant has applied for or
24    received a certificate of registration under the
25    Retailers' Occupation Tax Act.
26        (7) From the sheriff of the county in which the

 

 

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1    business address is located written confirmation stating
2    that, to the best of the sheriff's knowledge, the applicant
3    is in compliance with applicable federal, State, and local
4    laws. A sheriff that refuses to provide this confirmation
5    within 30 days after the date of the application shall
6    instead submit an objection in writing to the Department
7    and the license applicant based upon a reasonable suspicion
8    that the applicant is not in compliance with applicable
9    federal, State, and local laws. If no written confirmation
10    or objection is made under this paragraph (7) within 30
11    days after the date of the application, the Department
12    shall proceed as if the sheriff had provided confirmation.
13    A municipality or county may impose additional
14    requirements for the operation of gun dealers and
15    dealerships beyond the requirements of this Act and
16    consistent with the United States Constitution and the
17    Constitution of the State of Illinois, including local
18    license requirements. It shall be the duty of local
19    authorities to investigate and enforce any failure of a
20    dealer or dealership to meet these requirements and to
21    notify the Department of these investigations and
22    enforcement actions. This paragraph (7) supersedes Section
23    13.1 of the Firearm Owners Identification Card Act and
24    Section 90 of the Firearm Concealed Carry Act as applied to
25    the local regulation of dealers and dealerships.
26        (8) Proof that the dealership is properly licensed as a

 

 

10000SB1657sam001- 22 -LRB100 08489 RLC 25300 a

1    firearms dealer under federal law.
2        (9) A final inspection report demonstrating that the
3    Department has determined upon inspection that the
4    proposed business premises comply with Section 70 of this
5    Act.
6    (c) No dealer may be the licensee-in-charge for more than
7one dealership. Upon written request by a representative of a
8dealership, within 10 days after the loss of a
9licensee-in-charge of a dealership because of the death of that
10individual or because of the termination of the employment of
11that individual, the Department shall issue a temporary
12certificate of authority allowing the continuing operation of
13the licensed dealership. No temporary certificate of authority
14shall be valid for more than 90 days. An extension of an
15additional 90 days may be granted upon written request by the
16representative of the dealership. Not more than 2 extensions
17may be granted to any dealership. No temporary permit shall be
18issued for loss of the licensee-in-charge because of
19disciplinary action by the Department related to his or her
20conduct on behalf of the dealership.
21    (d) The Department may request a personal interview of a
22gun dealership licensee-in-charge to evaluate the dealership's
23qualifications for a license.
 
24    Section 60. Training of dealership agents. The Department
25shall adopt rules requiring dealership agents to undergo

 

 

10000SB1657sam001- 23 -LRB100 08489 RLC 25300 a

1training regarding legal requirements and responsible business
2practices as applicable to the sale or transfer of firearms.
3Before a dealership agent has unsupervised access to or control
4over firearms in the dealership's inventory or confidential or
5security information, the dealership shall ensure that the
6dealership agent receives the training that the Department may
7require.
 
8    Section 65. Display of license. Each licensee shall
9prominently display his or her individual, agency, or branch
10office license at each place where business is being conducted,
11as required under this Act. A licensee-in-charge is required to
12post his or her license only at the dealership office.
 
13    Section 70. Requirements; prohibitions.
14    (a) The Department of Financial and Professional
15Regulation shall implement the provisions of this Section by
16rule.
17    (b) A licensee shall maintain operating documents which
18shall include procedures for the oversight of the licensee and
19procedures to ensure accurate recordkeeping.
20    (c) By the date of application, a licensee shall implement
21appropriate security measures, as provided by rule, to deter
22and prevent the theft of firearms and unauthorized entrance
23into areas containing firearms. The rules may provide for:
24        (1) the manner of securing firearms when the location

 

 

10000SB1657sam001- 24 -LRB100 08489 RLC 25300 a

1    is both open and closed for business;
2        (2) alarm systems for licensees; and
3        (3) other reasonable requirements to deter illegal
4    sales and reduce the risk of burglaries and other crimes or
5    accidents at licensees' business establishments.
6    (d) If a licensee operates the business at a permanent
7physical location that is open to the public, that location
8shall be equipped with a video surveillance system sufficient
9to monitor the critical areas of the business premises,
10including, but not limited to, all places where firearms are
11stored, handled, sold, transferred, or carried. The video
12surveillance system shall operate without interruption
13whenever the licensee is open for business. Whenever the
14licensee is not open for business, the system shall be
15triggered by a motion detector and begin recording immediately
16upon detection of any motion within the monitored area. The
17stored images shall be maintained on the business premises of
18the licensee for a period of not less than 90 days from the
19date of recording and shall only be available for inspection on
20the premises by the licensee, the licensee's dealership agents,
21the Department, or federal, State, and local law enforcement
22upon request, and neither the stored images, copies, records,
23or reproductions of the stored images shall leave the custody
24of the licensee except under a court order, subpoena, or search
25warrant. The licensee shall post a sign in a conspicuous place
26at each entrance to the premises that states in block letters

 

 

10000SB1657sam001- 25 -LRB100 08489 RLC 25300 a

1not less than one inch in height:
2    "THESE PREMISES ARE UNDER VIDEO SURVEILLANCE. YOUR IMAGE
3MAY BE RECORDED."
4    (e) The area where the licensee stores firearms that are
5inventory of the licensee shall only be accessed by dealership
6agents, Department of Financial and Professional Regulation
7staff performing inspections, law enforcement or other
8emergency personnel, and contractors working on jobs unrelated
9to firearms, such as installing or maintaining security devices
10or performing electrical wiring.
11    (f) A licensee shall operate its business and conduct all
12sales and transfers of firearms in compliance with all federal
13and State laws, and maintain all records as required by federal
14and State laws.
15    (g) A licensee shall make a photo copy of a buyer's or
16transferee's valid photo I.D. card whenever a sale transaction
17takes place. The photo copy shall be attached to the
18documentation detailing the record of sale.
19    (h) A licensee shall post in a conspicuous position on the
20premises where the licensee conducts business a sign that
21contains the following warning in block letters not less than
22one inch in height:
23        "With few exceptions, it is unlawful for you to:
24            (1) store or leave an unsecured firearm in a place
25        where a child can obtain access to it,
26            (2) sell or transfer your firearm to someone else

 

 

10000SB1657sam001- 26 -LRB100 08489 RLC 25300 a

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

 

 

10000SB1657sam001- 27 -LRB100 08489 RLC 25300 a

1    Section 75. Dealership agent requirements. A licensed
2dealership may employ in the conduct of his or her business
3dealership agents under the following provisions:
4    (1) A dealership shall not knowingly allow a person to have
5unsupervised access to firearms in the inventory of the
6dealership or confidential or security information who:
7        (A) is younger than 21 years of age;
8        (B) does not have a valid and unexpired concealed carry
9    license or Firearm Owner's Identification Card; or
10        (C) has had a license denied, suspended, or revoked
11    under this Act, or been terminated from employment as a
12    dealership agent:
13            (i) within one year before the date the person's
14        application for employment with the dealership; and
15            (ii) that refusal, denial, suspension, revocation,
16        or termination was based on any provision of this Act.
17    (2) No person may act as a dealership agent under this
18Section until he or she has executed and furnished to the
19employer, on forms furnished by the Department, a verified
20statement to be known as "Dealership Agent's Statement" setting
21forth:
22        (A) The person's full name, age, and residence address.
23        (B) That the person has not had a license denied,
24    revoked, or suspended under this Act, or been terminated
25    from employment as a dealership agent:

 

 

10000SB1657sam001- 28 -LRB100 08489 RLC 25300 a

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

 

 

10000SB1657sam001- 29 -LRB100 08489 RLC 25300 a

1dealership agent if the dealership has already confirmed the
2validity of the dealership agent's Firearm Owner's
3Identification Card within the last 6 months or the dealership
4agent has provided the dealership with a copy of his or her
5valid and unexpired concealed carry license within the last 6
6months.
7    (5) Each dealership shall maintain a record of each
8dealership agent that is accessible to the Department. The
9record shall contain the following information:
10        (A) The Dealership Agent's Statement specified in
11    paragraph (2) of this Section; and
12        (B) A copy of the dealership agent's concealed carry
13    license or Firearm Owner's Identification Card, and the
14    approval number provided by the Department of State Police
15    when the dealership last confirmed the validity of the
16    dealership agent's Firearm Owner's Identification Card.
17    The Department may, by rule, prescribe further record
18    requirements.
19    (6) Every dealership shall maintain a separate roster of
20the names of all dealership agents and submit the roster to the
21Department on request.
22    (7) No dealership may employ any person to perform a
23licensed activity under this Act unless the person possesses a
24valid dealer license under this Act or the requirements of this
25Section are met, or the person is exempt under paragraph (8) of
26this Section.

 

 

10000SB1657sam001- 30 -LRB100 08489 RLC 25300 a

1    (8) Peace officers shall be exempt from the requirements of
2this Section relating to Firearm Owner's Identification Cards
3and concealed carry licenses. The dealership shall remain
4responsible for any peace officer employed under this
5exemption, regardless of whether the peace officer is
6compensated as an employee or as an independent contractor and
7as further defined by rule.
8    (9) Persons who have no unsupervised access to firearms in
9the inventory of a dealership or confidential or security
10information are exempt from the requirements of a dealership
11agent.
12    (10) This Section shall apply to unpaid or paid volunteers
13or other agents of the dealership who will have access to or
14control over firearms in the inventory of the dealership or
15confidential or security information, just as it applies to
16paid employees.
 
17    Section 80. Employment requirement. A dealership licensed
18under this Act is prohibited from evading or attempting to
19evade the requirements for dealership agents under this Act by
20engaging a contractor or independent contractor to perform the
21activities of a dealer or dealership agent, unless that person
22is licensed under this Act.
 
23    Section 85. Disciplinary sanctions.
24    (a) The Department may deny issuance, refuse to renew, or

 

 

10000SB1657sam001- 31 -LRB100 08489 RLC 25300 a

1restore or may reprimand, place on probation, suspend, revoke,
2or take other disciplinary or non-disciplinary action against
3any license, may impose a fine not to exceed $10,000 for each
4violation, and may assess costs as provided for under Section
5150, for any of the following, consistent with the Protection
6of Lawful Commerce in Arms Act, 15 U.S.C. 7901 through 7903 or
7amendments thereto:
8        (1) Material misstatement in furnishing information to
9    the Department or to any other State or federal agency.
10        (2) Violations of this Act, any of the rules adopted
11    under this Act, or any law applicable to the sale or
12    transfer of firearms.
13        (3) Making any misrepresentation for the purpose of
14    obtaining licenses or cards.
15        (4) A pattern of practice or other behavior which
16    demonstrates incapacity or incompetency to practice under
17    this Act.
18        (5) Aiding or assisting another person in violating any
19    provision of this Act or rules adopted under this Act.
20        (6) Failing, within 60 days, to provide information in
21    response to a written request made by the Department.
22        (7) Conviction of or plea of guilty or plea of nolo
23    contendere to any crime that disqualifies the person from
24    obtaining a valid Firearm Owner's Identification Card.
25        (8) Continued practice, although the person has become
26    unfit to practice due to any of the following:

 

 

10000SB1657sam001- 32 -LRB100 08489 RLC 25300 a

1            (A) Physical illness, mental illness, or other
2        impairment, including, but not limited to,
3        deterioration through the aging process or loss of
4        motor skills that results in the inability to serve the
5        public with reasonable judgment, skill, or safety.
6            (B) Any circumstance that disqualifies the person
7        from obtaining a valid Firearm Owner's Identification
8        Card.
9            (C) Habitual or excessive use or abuse of drugs
10        defined in law as controlled substances, alcohol, or
11        any other substance that results in the inability to
12        practice with reasonable judgment, skill, or safety.
13        (9) Receiving, directly or indirectly, compensation
14    for any firearms sold or transferred illegally.
15        (10) Discipline by another United States jurisdiction,
16    foreign nation, or governmental agency, if at least one of
17    the grounds for the discipline is the same or substantially
18    equivalent to those set forth in this Act.
19        (11) Giving differential treatment to a person that is
20    to that person's detriment because of race, color, creed,
21    sex, sexual orientation, religion, or national origin.
22        (12) Violation of any disciplinary order imposed on a
23    licensee by the Department.
24        (13) Conducting a dealership without a valid license.
25        (14) Revealing confidential or security information,
26    except as specifically authorized by law, including but not

 

 

10000SB1657sam001- 33 -LRB100 08489 RLC 25300 a

1    limited to information about purchasers and transferees of
2    firearms, provided that a licensee or dealership agent may
3    disclose this information under a court order, subpoena, or
4    search warrant or to the Department or federal, State, or
5    local law enforcement agencies upon request.
6        (15) Purporting to be a licensee-in-charge of an agency
7    without active participation in the agency.
8        (16) A finding by the Department that the licensee,
9    after having his or her license placed on probationary
10    status, has violated the terms of probation.
11        (17) Failure to report in writing to the Department,
12    within 60 days of an entry of a settlement or a verdict in
13    excess of $10,000, any legal action in which the business
14    of the dealer, dealership, or dealership agent was the
15    subject of the legal action.
16    (b) All fines imposed under this Section shall be paid
17within 60 days after the effective date of the order imposing
18the fine.
 
19    Section 90. Suspension or revocation of dealership agent
20authority.
21    (a) Dealership agents shall be subject to the disciplinary
22sanctions of this Act and shall otherwise comply with this Act
23and the rules adopted under it. Notwithstanding any other
24provision in this Act to the contrary, dealership agents shall
25not be responsible for compliance with any requirement that

 

 

10000SB1657sam001- 34 -LRB100 08489 RLC 25300 a

1this Act assigns to the dealership or the licensee-in-charge
2regardless of the agent's job title, job duties, or position in
3the dealership. The procedures for disciplining a licensee
4shall also apply in taking action against a dealership agent.
5    (b) The revocation of a dealer's or dealership agent's
6Firearm Owner's Identification Card or concealed carry
7license, if applicable, operates as an automatic suspension of
8the dealer license or dealership agent's authority under this
9Act. The suspension shall end only upon the issuance by the
10Department of State Police of a new Firearm Owner's
11Identification Card or concealed carry license to the dealer or
12dealership agent.
 
13    Section 95. Returned checks; fines. Any person who delivers
14a check or other payment to the Department that is returned to
15the Department unpaid by the financial institution upon which
16it is drawn shall pay to the Department, in addition to the
17amount already owed to the Department, a fine of $50. The fines
18imposed by this Section are in addition to any other discipline
19provided under this Act for unlicensed business or business on
20a nonrenewed license. The Department shall notify the person
21that payment of fees and fines shall be paid to the Department
22by certified check or money order within 30 calendar days of
23the notification. If, after the expiration of 30 days from the
24date of the notification, the person has failed to submit the
25necessary remittance, the Department shall automatically

 

 

10000SB1657sam001- 35 -LRB100 08489 RLC 25300 a

1terminate the license or deny the application, without hearing.
2If, after termination or denial, the person seeks a license, he
3or she shall apply to the Department for restoration or
4issuance of the license and pay all fees and fines due to the
5Department. The Department may establish a fee for the
6processing of an application for restoration of a license to
7pay all expenses of processing this application. The Secretary
8may waive the fines due under this Section in individual cases
9if the Secretary finds that the fines would be unreasonable or
10unnecessarily burdensome.
 
11    Section 100. Statute of limitations. No action may be taken
12under this Act against a person or entity licensed under this
13Act unless the action is commenced within 5 years after the
14occurrence of the alleged violations. A continuing violation
15shall be deemed to have occurred on the date when the
16circumstances last existed that give rise to the alleged
17violation.
 
18    Section 105. Complaints; investigations; hearings.
19    (a) The Department may investigate the actions of any
20applicant or of any person or persons holding or claiming to
21hold a license or registration under this Act.
22    (b) The Department shall, before disciplining a licensee
23under Section 130 or refusing to issue or license, at least 30
24days before the date set for the hearing, (i) notify the

 

 

10000SB1657sam001- 36 -LRB100 08489 RLC 25300 a

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

 

 

10000SB1657sam001- 37 -LRB100 08489 RLC 25300 a

1officer in any action for refusal to issue, restore, or renew a
2license or to discipline a licensee. The hearing officer has
3full authority to conduct the hearing.
 
4    Section 110. Hearing; rehearing.
5    (a) The Board or the hearing officer authorized by the
6Department shall hear evidence in support of the formal charges
7and evidence produced by the licensee. At the conclusion of the
8hearing, the Board shall present to the Secretary a written
9report of its findings of fact, conclusions of law, and
10recommendations. The report shall contain a finding of whether
11the accused person violated this Act or failed to comply with
12the conditions required in this Act. The Board shall specify
13the nature of the violation or failure to comply and shall make
14its recommendation to the Secretary.
15    (b) At the conclusion of the hearing, a copy of the Board
16or hearing officer's report shall be served upon the applicant
17or licensee by the Department, either personally or as provided
18in this Act for the service of a notice of hearing. Within 20
19calendar days after service, the applicant or licensee may
20present to the Department a motion in writing for a rehearing,
21which shall specify the particular grounds for rehearing. The
22Department may respond to the motion for rehearing within 20
23calendar days after its service on the Department. If no motion
24for rehearing is filed, then upon the expiration of the time
25specified for filing such a motion, or upon denial of a motion

 

 

10000SB1657sam001- 38 -LRB100 08489 RLC 25300 a

1for rehearing, the Secretary may enter an order in accordance
2with the recommendations of the Board or hearing officer. If
3the applicant or licensee orders from the reporting service and
4pays for a transcript of the record within the time for filing
5a motion for rehearing, the 20-day period within which a motion
6may be filed shall commence upon the delivery of the transcript
7to the applicant or licensee.
8    (c) Whenever the Secretary is not satisfied that
9substantial justice has been done, the Secretary may order a
10rehearing by the same or another hearing officer.
11    (d) All proceedings under this Section are matters of
12public record and shall be preserved.
13    (e) The dealer or dealership may continue to operate as a
14dealer or dealership during the course of an investigation or
15hearing, unless the Secretary finds that the public interest,
16safety, or welfare requires an emergency action.
17    (f) Upon the suspension or revocation of a license, the
18licensee shall surrender the license to the Department and,
19upon failure to do so, the Department shall seize the same.
 
20    Section 115. Disposition by consent order. At any point in
21any investigation or disciplinary proceeding provided for in
22the Act, both parties may agree to a negotiated consent order.
23The consent order shall be final upon signature of the
24Secretary.
 

 

 

10000SB1657sam001- 39 -LRB100 08489 RLC 25300 a

1    Section 120. Restoration of license after disciplinary
2proceedings. At any time after the successful completion of a
3term of indefinite probation, indefinite suspension, or
4revocation of a license, the Department may restore it to the
5licensee, unless, after an investigation and a hearing, the
6Secretary determines that restoration is not in the public
7interest. No person or entity whose license, card, or authority
8has been revoked as authorized in this Act may apply for
9restoration of that license, registration, or authority until
10such time as provided for in the Civil Administrative Code of
11Illinois.
 
12    Section 125. Injunction; cease and desist orders.
13    (a) Upon the filing of a verified petition in court, if
14satisfied by affidavit or otherwise that the person, firm,
15corporation, or other legal entity is or has been conducting
16activities in violation of this Act, the court may enter a
17temporary restraining order or preliminary injunction, without
18bond, enjoining the defendant from further activity. A copy of
19the verified complaint shall be served upon the defendant and
20the proceedings shall be conducted as in civil cases. If it is
21established the defendant has been or is conducting activities
22in violation of this Act, the court may enter a judgment
23enjoining the defendant from that activity. In case of
24violation of any injunctive order or judgment entered under
25this Section, the court may punish the offender for contempt of

 

 

10000SB1657sam001- 40 -LRB100 08489 RLC 25300 a

1court. Injunctive proceedings shall be in addition to all other
2penalties under this Act.
3    (b) If any person has engaged in the business of selling,
4leasing, or otherwise transferring firearms without having a
5valid license under this Act, then any licensee, any interested
6party, or any person injured thereby may, in addition to the
7Secretary, petition for relief as provided in subsection (a) of
8this Section.
9    (c) Whenever the Department has reason to believe a person,
10firm, corporation, or other legal entity has violated any
11provision of this Act, the Department may issue a rule to show
12cause why an order to cease and desist should not be entered
13against that person, firm, corporation, or other legal entity.
14The rule shall clearly set forth the grounds relied upon by the
15Department and shall provide a period of 7 days from the date
16of the rule to file an answer to the satisfaction of the
17Department. Failure to answer to the satisfaction of the
18Department shall cause an order to cease and desist to be
19issued immediately.
 
20    Section 130. Administrative review. All final
21administrative decisions of the Department are subject to
22judicial review under Article III of the Code of Civil
23Procedure. The term "administrative decision" is defined as in
24Section 3-101 of the Code of Civil Procedure. The proceedings
25for judicial review shall be commenced in the circuit court of

 

 

10000SB1657sam001- 41 -LRB100 08489 RLC 25300 a

1the county in which the party applying for review resides; but
2if the party is not a resident of this State, the venue shall
3be in Sangamon County. The Department shall not be required to
4certify any record to the court or file any answer in court or
5otherwise appear in any court in a judicial review proceeding,
6unless and until the Department has received from the plaintiff
7payment of the costs of furnishing and certifying the record,
8which costs shall be determined by the Department. Exhibits
9shall be certified without cost. Failure on the part of the
10applicant or licensee to file a receipt in court is grounds for
11dismissal of the action.
 
12    Section 135. Prima facie proof.
13    (a) An order or a certified copy thereof, over the seal of
14the Department and purporting to be signed by the Secretary, is
15prima facie proof that the signature is that of the Secretary,
16and the Secretary is qualified to act.
17    (b) A certified copy of a record of the Department shall,
18without further proof, be admitted into evidence in any legal
19proceeding, and shall be prima facie correct and prima facie
20evidence of the information contained therein.
 
21    Section 140. Subpoenas.
22    (a) The Department may subpoena and bring before it any
23person to take the oral or written testimony or compel the
24production of any books, papers, records, or any other

 

 

10000SB1657sam001- 42 -LRB100 08489 RLC 25300 a

1documents that the Secretary or his or her designee deems
2relevant or material to any such investigation or hearing
3conducted by the Department with the same fees and in the same
4manner as prescribed in civil cases in the courts of this
5State.
6    (b) Any circuit court, upon the application of the
7applicant, licensee, or Department, may order the attendance
8and testimony of witnesses and the production of relevant
9documents, files, records, books, and papers in connection with
10any hearing or investigation. The circuit court may compel
11obedience to its order by proceedings for contempt.
12    (c) The Secretary, the hearing officer, any member of the
13Board, or a certified shorthand court reporter may administer
14oaths at any hearing the Department conducts. Notwithstanding
15any other statute or Department rule to the contrary, all
16requests for testimony, production of documents or records
17shall be in accordance with this Act.
 
18    Section 145. Stenographers. The Department, at its
19expense, shall preserve the record of all proceedings at a
20formal hearing of any case. The notice of hearing, complaint,
21all other documents in the nature of pleadings and written
22motions filed in the proceedings, the transcript of testimony,
23the report of the Board and orders of the Department shall be
24in the record of the proceedings.
 

 

 

10000SB1657sam001- 43 -LRB100 08489 RLC 25300 a

1    Section 150. Fees; deposit of fees and fines. The
2Department shall by rule provide for fees for the
3administration and enforcement of this Act, and those fees are
4nonrefundable. All of the fees, penalties, and fines collected
5under this Act shall be deposited into the General Professions
6Dedicated Fund and shall be appropriated to the Department for
7the ordinary and contingent expenses of the Department in the
8administration and enforcement of this Act.
 
9    Section 155. Illinois Administrative Procedure Act;
10application.
11    (a) All rules required under this Act shall be adopted in
12accordance with Article 5 of the Illinois Administrative
13Procedure Act.
14    (b) Article 10 of the Illinois Administrative Procedure Act
15is expressly adopted and incorporated in this Act as if all of
16the provisions of that Article were included in this Act,
17except that the provision of paragraph (d) of Section 10-65 of
18the Illinois Administrative Procedure Act, which provides that
19at hearings the registrant or licensee has the right to show
20compliance with all lawful requirements for retention or
21continuation or renewal of the license, is specifically
22excluded. For the purpose of this Act, the notice required
23under Section 10-25 of the Illinois Administrative Procedure
24Act is considered sufficient when mailed to the address of
25record of a party.
 

 

 

10000SB1657sam001- 44 -LRB100 08489 RLC 25300 a

1    Section 160. Confidentiality. All information collected by
2the Department in the course of an examination or investigation
3of a licensee or applicant, including, but not limited to, any
4complaint against a licensee filed with the Department and
5information collected to investigate any such complaint, shall
6be maintained for the confidential use of the Department and
7shall not be disclosed. The Department shall not disclose the
8information to anyone other than law enforcement officials,
9regulatory agencies that have an appropriate regulatory
10interest as determined by the Secretary, or a party presenting
11a lawful subpoena to the Department. Information and documents
12disclosed to a federal, State, county, or local law enforcement
13agency shall not be disclosed by the agency for any purpose to
14any other agency or person. A formal complaint filed against a
15licensee by the Department or any order issued by the
16Department against a licensee or applicant shall be a public
17record, except as otherwise prohibited by law.
 
18    Section 165. Rules. The Department shall adopt rules
19necessary to implement the provisions of this Act no later than
20180 days after the effective date of this Act. The Department
21may adopt rules necessary to implement the provisions of this
22Act through the use of emergency rulemaking in accordance with
23Section 5-45 of the Illinois Administrative Procedure Act for a
24period not to exceed 180 days after the effective date of this

 

 

10000SB1657sam001- 45 -LRB100 08489 RLC 25300 a

1Act.
 
2    Section 900. The Regulatory Sunset Act is amended by adding
3Section 4.38 as follows:
 
4    (5 ILCS 80/4.38 new)
5    Sec. 4.38. Act repealed on January 1, 2028. The following
6Act is repealed on January 1, 2028:
7    The Gun Dealer Licensing Act.
 
8    Section 905. The Illinois Administrative Procedure Act is
9amended by changing Section 5-45 as follows:
 
10    (5 ILCS 100/5-45)  (from Ch. 127, par. 1005-45)
11    (Text of Section before amendment by P.A. 99-906)
12    Sec. 5-45. Emergency rulemaking.
13    (a) "Emergency" means the existence of any situation that
14any agency finds reasonably constitutes a threat to the public
15interest, safety, or welfare.
16    (b) If any agency finds that an emergency exists that
17requires adoption of a rule upon fewer days than is required by
18Section 5-40 and states in writing its reasons for that
19finding, the agency may adopt an emergency rule without prior
20notice or hearing upon filing a notice of emergency rulemaking
21with the Secretary of State under Section 5-70. The notice
22shall include the text of the emergency rule and shall be

 

 

10000SB1657sam001- 46 -LRB100 08489 RLC 25300 a

1published in the Illinois Register. Consent orders or other
2court orders adopting settlements negotiated by an agency may
3be adopted under this Section. Subject to applicable
4constitutional or statutory provisions, an emergency rule
5becomes effective immediately upon filing under Section 5-65 or
6at a stated date less than 10 days thereafter. The agency's
7finding and a statement of the specific reasons for the finding
8shall be filed with the rule. The agency shall take reasonable
9and appropriate measures to make emergency rules known to the
10persons who may be affected by them.
11    (c) An emergency rule may be effective for a period of not
12longer than 150 days, but the agency's authority to adopt an
13identical rule under Section 5-40 is not precluded. No
14emergency rule may be adopted more than once in any 24-month 24
15month period, except that this limitation on the number of
16emergency rules that may be adopted in a 24-month 24 month
17period does not apply to (i) emergency rules that make
18additions to and deletions from the Drug Manual under Section
195-5.16 of the Illinois Public Aid Code or the generic drug
20formulary under Section 3.14 of the Illinois Food, Drug and
21Cosmetic Act, (ii) emergency rules adopted by the Pollution
22Control Board before July 1, 1997 to implement portions of the
23Livestock Management Facilities Act, (iii) emergency rules
24adopted by the Illinois Department of Public Health under
25subsections (a) through (i) of Section 2 of the Department of
26Public Health Act when necessary to protect the public's

 

 

10000SB1657sam001- 47 -LRB100 08489 RLC 25300 a

1health, (iv) emergency rules adopted pursuant to subsection (n)
2of this Section, (v) emergency rules adopted pursuant to
3subsection (o) of this Section, or (vi) emergency rules adopted
4pursuant to subsection (c-5) of this Section. Two or more
5emergency rules having substantially the same purpose and
6effect shall be deemed to be a single rule for purposes of this
7Section.
8    (c-5) To facilitate the maintenance of the program of group
9health benefits provided to annuitants, survivors, and retired
10employees under the State Employees Group Insurance Act of
111971, rules to alter the contributions to be paid by the State,
12annuitants, survivors, retired employees, or any combination
13of those entities, for that program of group health benefits,
14shall be adopted as emergency rules. The adoption of those
15rules shall be considered an emergency and necessary for the
16public interest, safety, and welfare.
17    (d) In order to provide for the expeditious and timely
18implementation of the State's fiscal year 1999 budget,
19emergency rules to implement any provision of Public Act 90-587
20or 90-588 or any other budget initiative for fiscal year 1999
21may be adopted in accordance with this Section by the agency
22charged with administering that provision or initiative,
23except that the 24-month limitation on the adoption of
24emergency rules and the provisions of Sections 5-115 and 5-125
25do not apply to rules adopted under this subsection (d). The
26adoption of emergency rules authorized by this subsection (d)

 

 

10000SB1657sam001- 48 -LRB100 08489 RLC 25300 a

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

 

 

10000SB1657sam001- 49 -LRB100 08489 RLC 25300 a

1    (g) In order to provide for the expeditious and timely
2implementation of the State's fiscal year 2002 budget,
3emergency rules to implement any provision of Public Act 92-10
4or any other budget initiative for fiscal year 2002 may be
5adopted in accordance with this Section by the agency charged
6with administering that provision or initiative, except that
7the 24-month limitation on the adoption of emergency rules and
8the provisions of Sections 5-115 and 5-125 do not apply to
9rules adopted under this subsection (g). The adoption of
10emergency rules authorized by this subsection (g) shall be
11deemed to be necessary for the public interest, safety, and
12welfare.
13    (h) In order to provide for the expeditious and timely
14implementation of the State's fiscal year 2003 budget,
15emergency rules to implement any provision of Public Act 92-597
16or any other budget initiative for fiscal year 2003 may be
17adopted in accordance with this Section by the agency charged
18with administering that provision or initiative, except that
19the 24-month limitation on the adoption of emergency rules and
20the provisions of Sections 5-115 and 5-125 do not apply to
21rules adopted under this subsection (h). The adoption of
22emergency rules authorized by this subsection (h) shall be
23deemed to be necessary for the public interest, safety, and
24welfare.
25    (i) In order to provide for the expeditious and timely
26implementation of the State's fiscal year 2004 budget,

 

 

10000SB1657sam001- 50 -LRB100 08489 RLC 25300 a

1emergency rules to implement any provision of Public Act 93-20
2or any other budget initiative for fiscal year 2004 may be
3adopted in accordance with this Section by the agency charged
4with administering that provision or initiative, except that
5the 24-month limitation on the adoption of emergency rules and
6the provisions of Sections 5-115 and 5-125 do not apply to
7rules adopted under this subsection (i). The adoption of
8emergency rules authorized by this subsection (i) shall be
9deemed to be necessary for the public interest, safety, and
10welfare.
11    (j) In order to provide for the expeditious and timely
12implementation of the provisions of the State's fiscal year
132005 budget as provided under the Fiscal Year 2005 Budget
14Implementation (Human Services) Act, emergency rules to
15implement any provision of the Fiscal Year 2005 Budget
16Implementation (Human Services) Act may be adopted in
17accordance with this Section by the agency charged with
18administering that provision, except that the 24-month
19limitation on the adoption of emergency rules and the
20provisions of Sections 5-115 and 5-125 do not apply to rules
21adopted under this subsection (j). The Department of Public Aid
22may also adopt rules under this subsection (j) necessary to
23administer the Illinois Public Aid Code and the Children's
24Health Insurance Program Act. The adoption of emergency rules
25authorized by this subsection (j) shall be deemed to be
26necessary for the public interest, safety, and welfare.

 

 

10000SB1657sam001- 51 -LRB100 08489 RLC 25300 a

1    (k) In order to provide for the expeditious and timely
2implementation of the provisions of the State's fiscal year
32006 budget, emergency rules to implement any provision of
4Public Act 94-48 or any other budget initiative for fiscal year
52006 may be adopted in accordance with this Section by the
6agency charged with administering that provision or
7initiative, except that the 24-month limitation on the adoption
8of emergency rules and the provisions of Sections 5-115 and
95-125 do not apply to rules adopted under this subsection (k).
10The Department of Healthcare and Family Services may also adopt
11rules under this subsection (k) necessary to administer the
12Illinois Public Aid Code, the Senior Citizens and Persons with
13Disabilities Property Tax Relief Act, the Senior Citizens and
14Disabled Persons Prescription Drug Discount Program Act (now
15the Illinois Prescription Drug Discount Program Act), and the
16Children's Health Insurance Program Act. The adoption of
17emergency rules authorized by this subsection (k) shall be
18deemed to be necessary for the public interest, safety, and
19welfare.
20    (l) In order to provide for the expeditious and timely
21implementation of the provisions of the State's fiscal year
222007 budget, the Department of Healthcare and Family Services
23may adopt emergency rules during fiscal year 2007, including
24rules effective July 1, 2007, in accordance with this
25subsection to the extent necessary to administer the
26Department's responsibilities with respect to amendments to

 

 

10000SB1657sam001- 52 -LRB100 08489 RLC 25300 a

1the State plans and Illinois waivers approved by the federal
2Centers for Medicare and Medicaid Services necessitated by the
3requirements of Title XIX and Title XXI of the federal Social
4Security Act. The adoption of emergency rules authorized by
5this subsection (l) shall be deemed to be necessary for the
6public interest, safety, and welfare.
7    (m) In order to provide for the expeditious and timely
8implementation of the provisions of the State's fiscal year
92008 budget, the Department of Healthcare and Family Services
10may adopt emergency rules during fiscal year 2008, including
11rules effective July 1, 2008, in accordance with this
12subsection to the extent necessary to administer the
13Department's responsibilities with respect to amendments to
14the State plans and Illinois waivers approved by the federal
15Centers for Medicare and Medicaid Services necessitated by the
16requirements of Title XIX and Title XXI of the federal Social
17Security Act. The adoption of emergency rules authorized by
18this subsection (m) shall be deemed to be necessary for the
19public interest, safety, and welfare.
20    (n) In order to provide for the expeditious and timely
21implementation of the provisions of the State's fiscal year
222010 budget, emergency rules to implement any provision of
23Public Act 96-45 or any other budget initiative authorized by
24the 96th General Assembly for fiscal year 2010 may be adopted
25in accordance with this Section by the agency charged with
26administering that provision or initiative. The adoption of

 

 

10000SB1657sam001- 53 -LRB100 08489 RLC 25300 a

1emergency rules authorized by this subsection (n) shall be
2deemed to be necessary for the public interest, safety, and
3welfare. The rulemaking authority granted in this subsection
4(n) shall apply only to rules promulgated during Fiscal Year
52010.
6    (o) In order to provide for the expeditious and timely
7implementation of the provisions of the State's fiscal year
82011 budget, emergency rules to implement any provision of
9Public Act 96-958 or any other budget initiative authorized by
10the 96th General Assembly for fiscal year 2011 may be adopted
11in accordance with this Section by the agency charged with
12administering that provision or initiative. The adoption of
13emergency rules authorized by this subsection (o) is deemed to
14be necessary for the public interest, safety, and welfare. The
15rulemaking authority granted in this subsection (o) applies
16only to rules promulgated on or after July 1, 2010 (the
17effective date of Public Act 96-958) through June 30, 2011.
18    (p) In order to provide for the expeditious and timely
19implementation of the provisions of Public Act 97-689,
20emergency rules to implement any provision of Public Act 97-689
21may be adopted in accordance with this subsection (p) by the
22agency charged with administering that provision or
23initiative. The 150-day limitation of the effective period of
24emergency rules does not apply to rules adopted under this
25subsection (p), and the effective period may continue through
26June 30, 2013. The 24-month limitation on the adoption of

 

 

10000SB1657sam001- 54 -LRB100 08489 RLC 25300 a

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

 

 

10000SB1657sam001- 55 -LRB100 08489 RLC 25300 a

1the Illinois Public Aid Code, emergency rules to implement any
2provision of Section 5-5b.1 or Section 5A-2 of the Illinois
3Public Aid Code may be adopted in accordance with this
4subsection (s) by the Department of Healthcare and Family
5Services. The rulemaking authority granted in this subsection
6(s) shall apply only to those rules adopted prior to July 1,
72015. Notwithstanding any other provision of this Section, any
8emergency rule adopted under this subsection (s) shall only
9apply to payments made for State fiscal year 2015. The adoption
10of emergency rules authorized by this subsection (s) is deemed
11to be necessary for the public interest, safety, and welfare.
12    (t) In order to provide for the expeditious and timely
13implementation of the provisions of Article II of Public Act
1499-6, emergency rules to implement the changes made by Article
15II of Public Act 99-6 to the Emergency Telephone System Act may
16be adopted in accordance with this subsection (t) by the
17Department of State Police. The rulemaking authority granted in
18this subsection (t) shall apply only to those rules adopted
19prior to July 1, 2016. The 24-month limitation on the adoption
20of emergency rules does not apply to rules adopted under this
21subsection (t). The adoption of emergency rules authorized by
22this subsection (t) is deemed to be necessary for the public
23interest, safety, and welfare.
24    (u) In order to provide for the expeditious and timely
25implementation of the provisions of the Burn Victims Relief
26Act, emergency rules to implement any provision of the Act may

 

 

10000SB1657sam001- 56 -LRB100 08489 RLC 25300 a

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

 

 

10000SB1657sam001- 57 -LRB100 08489 RLC 25300 a

1(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13;
298-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16;
399-143, eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff.
46-30-16; 99-642, eff. 7-28-16; 99-796, eff. 1-1-17; revised
59-21-16.)
 
6    (Text of Section after amendment by P.A. 99-906)
7    Sec. 5-45. Emergency rulemaking.
8    (a) "Emergency" means the existence of any situation that
9any agency finds reasonably constitutes a threat to the public
10interest, safety, or welfare.
11    (b) If any agency finds that an emergency exists that
12requires adoption of a rule upon fewer days than is required by
13Section 5-40 and states in writing its reasons for that
14finding, the agency may adopt an emergency rule without prior
15notice or hearing upon filing a notice of emergency rulemaking
16with the Secretary of State under Section 5-70. The notice
17shall include the text of the emergency rule and shall be
18published in the Illinois Register. Consent orders or other
19court orders adopting settlements negotiated by an agency may
20be adopted under this Section. Subject to applicable
21constitutional or statutory provisions, an emergency rule
22becomes effective immediately upon filing under Section 5-65 or
23at a stated date less than 10 days thereafter. The agency's
24finding and a statement of the specific reasons for the finding
25shall be filed with the rule. The agency shall take reasonable

 

 

10000SB1657sam001- 58 -LRB100 08489 RLC 25300 a

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

 

 

10000SB1657sam001- 59 -LRB100 08489 RLC 25300 a

1employees under the State Employees Group Insurance Act of
21971, rules to alter the contributions to be paid by the State,
3annuitants, survivors, retired employees, or any combination
4of those entities, for that program of group health benefits,
5shall be adopted as emergency rules. The adoption of those
6rules shall be considered an emergency and necessary for the
7public interest, safety, and welfare.
8    (d) In order to provide for the expeditious and timely
9implementation of the State's fiscal year 1999 budget,
10emergency rules to implement any provision of Public Act 90-587
11or 90-588 or any other budget initiative for fiscal year 1999
12may be adopted in accordance with this Section by the agency
13charged with administering that provision or initiative,
14except that the 24-month limitation on the adoption of
15emergency rules and the provisions of Sections 5-115 and 5-125
16do not apply to rules adopted under this subsection (d). The
17adoption of emergency rules authorized by this subsection (d)
18shall be deemed to be necessary for the public interest,
19safety, and welfare.
20    (e) In order to provide for the expeditious and timely
21implementation of the State's fiscal year 2000 budget,
22emergency rules to implement any provision of Public Act 91-24
23or any other budget initiative for fiscal year 2000 may be
24adopted in accordance with this Section by the agency charged
25with administering that provision or initiative, except that
26the 24-month limitation on the adoption of emergency rules and

 

 

10000SB1657sam001- 60 -LRB100 08489 RLC 25300 a

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

 

 

10000SB1657sam001- 61 -LRB100 08489 RLC 25300 a

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

 

 

10000SB1657sam001- 62 -LRB100 08489 RLC 25300 a

1welfare.
2    (j) In order to provide for the expeditious and timely
3implementation of the provisions of the State's fiscal year
42005 budget as provided under the Fiscal Year 2005 Budget
5Implementation (Human Services) Act, emergency rules to
6implement any provision of the Fiscal Year 2005 Budget
7Implementation (Human Services) Act may be adopted in
8accordance with this Section by the agency charged with
9administering that provision, except that the 24-month
10limitation on the adoption of emergency rules and the
11provisions of Sections 5-115 and 5-125 do not apply to rules
12adopted under this subsection (j). The Department of Public Aid
13may also adopt rules under this subsection (j) necessary to
14administer the Illinois Public Aid Code and the Children's
15Health Insurance Program Act. The adoption of emergency rules
16authorized by this subsection (j) shall be deemed to be
17necessary for the public interest, safety, and welfare.
18    (k) In order to provide for the expeditious and timely
19implementation of the provisions of the State's fiscal year
202006 budget, emergency rules to implement any provision of
21Public Act 94-48 or any other budget initiative for fiscal year
222006 may be adopted in accordance with this Section by the
23agency charged with administering that provision or
24initiative, except that the 24-month limitation on the adoption
25of emergency rules and the provisions of Sections 5-115 and
265-125 do not apply to rules adopted under this subsection (k).

 

 

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1The Department of Healthcare and Family Services may also adopt
2rules under this subsection (k) necessary to administer the
3Illinois Public Aid Code, the Senior Citizens and Persons with
4Disabilities Property Tax Relief Act, the Senior Citizens and
5Disabled Persons Prescription Drug Discount Program Act (now
6the Illinois Prescription Drug Discount Program Act), and the
7Children's Health Insurance Program Act. The adoption of
8emergency rules authorized by this subsection (k) shall be
9deemed to be necessary for the public interest, safety, and
10welfare.
11    (l) In order to provide for the expeditious and timely
12implementation of the provisions of the State's fiscal year
132007 budget, the Department of Healthcare and Family Services
14may adopt emergency rules during fiscal year 2007, including
15rules effective July 1, 2007, in accordance with this
16subsection to the extent necessary to administer the
17Department's responsibilities with respect to amendments to
18the State plans and Illinois waivers approved by the federal
19Centers for Medicare and Medicaid Services necessitated by the
20requirements of Title XIX and Title XXI of the federal Social
21Security Act. The adoption of emergency rules authorized by
22this subsection (l) shall be deemed to be necessary for the
23public interest, safety, and welfare.
24    (m) In order to provide for the expeditious and timely
25implementation of the provisions of the State's fiscal year
262008 budget, the Department of Healthcare and Family Services

 

 

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1may adopt emergency rules during fiscal year 2008, including
2rules effective July 1, 2008, in accordance with this
3subsection to the extent necessary to administer the
4Department's responsibilities with respect to amendments to
5the State plans and Illinois waivers approved by the federal
6Centers for Medicare and Medicaid Services necessitated by the
7requirements of Title XIX and Title XXI of the federal Social
8Security Act. The adoption of emergency rules authorized by
9this subsection (m) shall be deemed to be necessary for the
10public interest, safety, and welfare.
11    (n) In order to provide for the expeditious and timely
12implementation of the provisions of the State's fiscal year
132010 budget, emergency rules to implement any provision of
14Public Act 96-45 or any other budget initiative authorized by
15the 96th General Assembly for fiscal year 2010 may be adopted
16in accordance with this Section by the agency charged with
17administering that provision or initiative. The adoption of
18emergency rules authorized by this subsection (n) shall be
19deemed to be necessary for the public interest, safety, and
20welfare. The rulemaking authority granted in this subsection
21(n) shall apply only to rules promulgated during Fiscal Year
222010.
23    (o) In order to provide for the expeditious and timely
24implementation of the provisions of the State's fiscal year
252011 budget, emergency rules to implement any provision of
26Public Act 96-958 or any other budget initiative authorized by

 

 

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1the 96th General Assembly for fiscal year 2011 may be adopted
2in accordance with this Section by the agency charged with
3administering that provision or initiative. The adoption of
4emergency rules authorized by this subsection (o) is deemed to
5be necessary for the public interest, safety, and welfare. The
6rulemaking authority granted in this subsection (o) applies
7only to rules promulgated on or after July 1, 2010 (the
8effective date of Public Act 96-958) through June 30, 2011.
9    (p) In order to provide for the expeditious and timely
10implementation of the provisions of Public Act 97-689,
11emergency rules to implement any provision of Public Act 97-689
12may be adopted in accordance with this subsection (p) by the
13agency charged with administering that provision or
14initiative. The 150-day limitation of the effective period of
15emergency rules does not apply to rules adopted under this
16subsection (p), and the effective period may continue through
17June 30, 2013. The 24-month limitation on the adoption of
18emergency rules does not apply to rules adopted under this
19subsection (p). The adoption of emergency rules authorized by
20this subsection (p) is deemed to be necessary for the public
21interest, safety, and welfare.
22    (q) In order to provide for the expeditious and timely
23implementation of the provisions of Articles 7, 8, 9, 11, and
2412 of Public Act 98-104, emergency rules to implement any
25provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
26may be adopted in accordance with this subsection (q) by the

 

 

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1agency charged with administering that provision or
2initiative. The 24-month limitation on the adoption of
3emergency rules does not apply to rules adopted under this
4subsection (q). The adoption of emergency rules authorized by
5this subsection (q) is deemed to be necessary for the public
6interest, safety, and welfare.
7    (r) In order to provide for the expeditious and timely
8implementation of the provisions of Public Act 98-651,
9emergency rules to implement Public Act 98-651 may be adopted
10in accordance with this subsection (r) by the Department of
11Healthcare and Family Services. The 24-month limitation on the
12adoption of emergency rules does not apply to rules adopted
13under this subsection (r). The adoption of emergency rules
14authorized by this subsection (r) is deemed to be necessary for
15the public interest, safety, and welfare.
16    (s) In order to provide for the expeditious and timely
17implementation of the provisions of Sections 5-5b.1 and 5A-2 of
18the Illinois Public Aid Code, emergency rules to implement any
19provision of Section 5-5b.1 or Section 5A-2 of the Illinois
20Public Aid Code may be adopted in accordance with this
21subsection (s) by the Department of Healthcare and Family
22Services. The rulemaking authority granted in this subsection
23(s) shall apply only to those rules adopted prior to July 1,
242015. Notwithstanding any other provision of this Section, any
25emergency rule adopted under this subsection (s) shall only
26apply to payments made for State fiscal year 2015. The adoption

 

 

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1of emergency rules authorized by this subsection (s) is deemed
2to be necessary for the public interest, safety, and welfare.
3    (t) In order to provide for the expeditious and timely
4implementation of the provisions of Article II of Public Act
599-6, emergency rules to implement the changes made by Article
6II of Public Act 99-6 to the Emergency Telephone System Act may
7be adopted in accordance with this subsection (t) by the
8Department of State Police. The rulemaking authority granted in
9this subsection (t) shall apply only to those rules adopted
10prior to July 1, 2016. The 24-month limitation on the adoption
11of emergency rules does not apply to rules adopted under this
12subsection (t). The adoption of emergency rules authorized by
13this subsection (t) is deemed to be necessary for the public
14interest, safety, and welfare.
15    (u) In order to provide for the expeditious and timely
16implementation of the provisions of the Burn Victims Relief
17Act, emergency rules to implement any provision of the Act may
18be adopted in accordance with this subsection (u) by the
19Department of Insurance. The rulemaking authority granted in
20this subsection (u) shall apply only to those rules adopted
21prior to December 31, 2015. The adoption of emergency rules
22authorized by this subsection (u) is deemed to be necessary for
23the public interest, safety, and welfare.
24    (v) In order to provide for the expeditious and timely
25implementation of the provisions of Public Act 99-516,
26emergency rules to implement Public Act 99-516 may be adopted

 

 

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1in accordance with this subsection (v) by the Department of
2Healthcare and Family Services. The 24-month limitation on the
3adoption of emergency rules does not apply to rules adopted
4under this subsection (v). The adoption of emergency rules
5authorized by this subsection (v) is deemed to be necessary for
6the public interest, safety, and welfare.
7    (w) In order to provide for the expeditious and timely
8implementation of the provisions of Public Act 99-796,
9emergency rules to implement the changes made by Public Act
1099-796 may be adopted in accordance with this subsection (w) by
11the Adjutant General. The adoption of emergency rules
12authorized by this subsection (w) is deemed to be necessary for
13the public interest, safety, and welfare.
14    (x) In order to provide for the expeditious and timely
15implementation of the provisions of Public Act 99-906 this
16amendatory Act of the 99th General Assembly, emergency rules to
17implement subsection (i) of Section 16-115D, subsection (g) of
18Section 16-128A, and subsection (a) of Section 16-128B of the
19Public Utilities Act may be adopted in accordance with this
20subsection (x) by the Illinois Commerce Commission. The
21rulemaking authority granted in this subsection (x) shall apply
22only to those rules adopted within 180 days after June 1, 2017
23(the effective date of Public Act 99-906) this amendatory Act
24of the 99th General Assembly. The adoption of emergency rules
25authorized by this subsection (x) is deemed to be necessary for
26the public interest, safety, and welfare.

 

 

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1    (y) In order to provide for the expeditious and timely
2implementation of the provisions of the Gun Dealer Licensing
3Act, emergency rules to implement any provision of the Act may
4be adopted in accordance with this subsection (y) by the
5Department of Financial and Professional Regulation. The
6rulemaking authority granted in this subsection (y) shall apply
7only to those rules adopted no later than one year after the
8effective date of this amendatory Act of the 100th General
9Assembly. The adoption of emergency rules authorized by this
10subsection (y) is deemed to be necessary for the public
11interest, safety, and welfare.
12(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13;
1398-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16;
1499-143, eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff.
156-30-16; 99-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906,
16eff. 6-1-17; revised 1-1-17.)
 
17    Section 995. No acceleration or delay. Where this Act makes
18changes in a statute that is represented in this Act by text
19that is not yet or no longer in effect (for example, a Section
20represented by multiple versions), the use of that text does
21not accelerate or delay the taking effect of (i) the changes
22made by this Act or (ii) provisions derived from any other
23Public Act.".