HB4349 95TH GENERAL ASSEMBLY

LRB095 15399 RLC 41387 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB4349

Introduced , by Rep. Naomi D. Jakobsson

SYNOPSIS AS INTRODUCED:

New Act
30 ILCS 105/5.708 new

Creates the Regulated Firearms Encoded Ammunition Act and amends the State Finance Act. Provides that a manufacturer of ammunition for handguns and certain specified assault weapons sold in this State after January 1, 2009 must encode the ammunition in such a manner that the Director of State Police establishes. Provides that ammunition contained in one ammunition box may not be labeled with the same serial number as the ammunition contained in any other ammunition box from the same manufacturer. Provides that on or before January 1, 2011, an owner of ammunition for use in a regulated firearm that is not encoded by the manufacturer shall dispose of the ammunition. Provides that beginning on January 1, 2009, the Director of State Police shall establish and maintain an encoded ammunition database. Creates the Ammunition Accountability Fund as a special fund in the State treasury. Provides that subject to appropriation, the Department of State Police may use moneys from the Fund to establish and maintain the encoded ammunition database. Provides that beginning January 1, 2009, each person selling encoded ammunition at retail in this State shall collect from retail customers a fee of $0.05 for each round that is sold and delivered in this State. Establishes civil and criminal penalties for violations of the Regulated Firearms Encoded Ammunition Act. Effective January 1, 2009.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning ammunition.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Regulated Firearms Encoded Ammunition Act.

Section 5. Definitions. As used in this Act:

"Director" means the Director of State Police.

"Encoded ammunition" means ammunition as defined in Section 1.1 of the Firearm Owners Identification Card Act that is encoded by a manufacturer under Section 15 of this Act.

"Manufacturer" means a person who possesses a federal license to engage in the business of manufacturing ammunition for sale or distribution.

"Regulated firearm" means:

(1) a handgun as defined in clause (A)(h)(2) of Section 24-3 of the Criminal Code of 1961; or

(2) a firearm as defined in Section 1.1 of the Firearm Owners Identification Card Act that is any of the following specific assault weapons or their copies, regardless of which company produced and manufactured that assault weapon:

(i) American Arms Spectre da Semiautomatic carbine;

(ii) AK-47 in all forms;

(iii) Algimec AGM-1 type semi-auto;

(iv) AR 100 type semi-auto;

(v) AR 180 type semi-auto;

(vi) Argentine L.S.R. semi-auto;

(vii) Australian Automatic Arms SAR type semi-auto;

(viii) Auto-Ordnance Thompson M1 and 1927 semi-automatics;

(ix) Barrett light .50 cal. semi-auto;

(x) Beretta AR70 type semi-auto;

(xi) Bushmaster semi-auto rifle;

(xii) Calico models M-100 and M-900;

(xiii) CIS SR 88 type semi-auto;

(xiv) Claridge HI TEC C-9 carbines;

(xv) Colt AR-15, CAR-15, and all imitations except Colt AR-15 Sporter H-BAR rifle;

(xvi) Daewoo MAX 1 and MAX 2, aka AR 100, 110C, K-1, and K-2;

(xvii) Dragunov Chinese made semi-auto;

(xviii) Famas semi-auto (.223 caliber);

(xix) Feather AT-9 semi-auto;

(xx) FN LAR and 1 FN FAL assault rifle;

(xxi) FNC semi-auto type carbine;

(xxii) F.I.E./Franchi LAW 12 and SPAS assault shotgun;

(xxiii) Steyr-AUG-SA semi-auto;

(xxiv) Galil models AR and ARM semi-auto;

(xxv) Heckler and Koch HK-91 A3, HK-93 A2, HK-94 A2 and A3;

(xxvi) Holmes model 88 shotgun;

(xxvii)Avtomat Kalashnikov semiautomatic rifle in any format;

(xxviii) Manchester Arms "Commando" MK-45, MK-9;

(xxix) Mandell TAC-1 semi-auto carbine;

(xxx) Mossberg model 500 Bullpup assault shotgun;

(xxxi) Sterling Mark 6;

(xxxii)P.A.W.S. carbine;

(xxxiii) Ruger mini-14 folding stock model (.223 caliber);

(xxxiv) SIG 550/551 assault rifle (.223 caliber);

(xxxv) SKS with detachable magazine;

(xxxvi) AP-74 Commando type semi-auto;

(xxxvii) Springfield Armory BM-59, SAR-48, G3, SAR-3, M-21 sniper rifle, M1A, excluding the M1 Garand;

(xxxviii) Street sweeper assault type shotgun;

(xxxix) Striker 12 assault shotgun in all formats;

(xl) Unique F11 semi-auto type;

(xli) Daewoo USAS 1 12 semi-auto shotgun;

(xlii) UZI 9mm carbine or rifle;

(xliii) Valmet M-76 and M-78 semi-auto;

(xliv) Weaver Arms "Nighthawk" semi-auto carbine; or

(xlv) Wilkinson Arms 9mm semi-auto "Terry".

Section 10. Ammunition for regulated firearms; sale. A person may sell ammunition for a regulated firearm on or after January 1, 2009 only in accordance with this Act.

Section 15. Encoding ammunition for regulated firearms.

(a) A manufacturer shall encode ammunition provided for retail sale for regulated firearms in a manner that the Director establishes, so that:

(1) the base of the bullet and the inside of the cartridge casing of each round in a box of ammunition are encoded with the same serial number;

(2) each serial number is engraved in such a manner that it is highly likely to permit identification after ammunition discharge and bullet impact; and

(3) the outside of each box of ammunition is labeled with the name of the manufacturer and the same serial number used on the cartridge casings and bases of bullets contained in the box.

(b) Ammunition contained in one ammunition box may not be labeled with the same serial number as the ammunition contained in any other ammunition box from the same manufacturer.

Section 20. Non-encoded ammunition; disposal. On or before January 1, 2011, an owner of ammunition for use in a regulated firearm that is not encoded by the manufacturer in accordance with Section 15 of this Act shall dispose of the ammunition.

Section 25. Encoded ammunition database.

(a) Beginning on January 1, 2009, the Director shall establish and maintain an encoded ammunition database.

(b) A manufacturer that does business in this State shall provide the Director for inclusion in the database:

(1) its name and address;

(2) the serial numbers of its ammunition offered for sale for regulated firearms in this State; and

(3) other information that the Director considers necessary.

(c) A seller of ammunition for regulated firearms in this State shall provide the Director for inclusion in the database:

(1) the date of each ammunition purchase;

(2) the name and date of birth of each purchaser of ammunition;

(3) the driver's license number of the purchaser or other number issued to the purchaser by the State or federal government;

(4) the serial numbers of all ammunition for regulated firearms bought by the purchaser; and

(5) any other information that the Director considers necessary.

Section 30. Records. A seller of encoded ammunition for regulated firearms shall maintain copies of all records submitted to the Director under Section 25 of this Act for at least 3 years after the date of sale.

Section 35. Database fee. The encoded ammunition database established under Section 25 of this Act shall be funded by the encoded ammunition database fee imposed under Section 50 of this Act.

Section 40. Penalties.

(a)(1) A seller of encoded ammunition that violates this Act is guilty of a Class A misdemeanor.

(2) A person who willfully destroys or otherwise renders unreadable the information encoded on ammunition required under this Act is guilty of a Class A misdemeanor.

(b) A manufacturer that violates this Act is subject to a civil fine to be imposed by the Director and not exceeding:

(1) $1,000 for a first violation;

(2) $5,000 for a second violation; and

(3) $10,000 for a third or subsequent violation.

Section 45. Ammunition Accountability Fund.

(a) The Ammunition Accountability Fund is created as a special fund in the State treasury. Subject to appropriation, the Department of State Police may use moneys from the Fund to establish and maintain the encoded ammunition database under Section 25 of this Act.

(b) All fees collected under this Act and all penalties or punitive damages for violations of this Act must be deposited into the Fund. Additionally, any other moneys received for the purposes of this Act, including, without limitation, appropriations, gifts, grants, and awards from any public or private entity, must be deposited into the Fund.

(c) Any interest earnings that are attributable to moneys in the Fund must be deposited into the Fund.

Section 50. Ammunition fee.

(a) Beginning January 1, 2009, each person selling encoded ammunition at retail in this State shall collect from retail customers a fee of $0.05 for each round that is sold and delivered in this State.

(b) The fee collected under subsection (a) of this Section must be stated as a distinct item separate and apart from the selling price of the encoded ammunition. The fee is not includable in the gross receipts of the retailer subject to the Retailer's Occupation Tax Act, the Use Tax Act, or any locally imposed retailers' occupation tax. The fee, and any such fees collected by a retailer, constitutes a debt that is owed by the retailer to the State.

Section 55. Returns by retailers.

(a) Each retailer of encoded ammunition who maintains a place of business in this State must make a return to the Department of Revenue on a quarter-annual basis, with the return for January, February, and March of a given year being due by April 30 of that year; with the return for April, May, and June of a given year being due by July 31 of that year; with the return for July, August, and September of a given year being due by October 31 of that year; and with the return for October, November, and December of a given year being due by January 31 of the following year. Each return made to the Department of Revenue must state the following:

(1) the name of the retailer;

(2) the address of the retailer's principal place of business and the address of the principal place of business (if that is a different address) from which the retailer engages in the business of making retail sales of encoded ammunition;

(3) the total number of rounds of new encoded ammunition sold at retail in the preceding calendar quarter;

(4) the total amount of fees collected in the preceding calendar quarter; and

(5) any other information that the Department of Revenue reasonably requires.

(b) Notwithstanding any other provision of law concerning the time within which a retailer may file his or her return, in the case of any retailer who ceases to engage in the retail sale of encoded ammunition, the retailer must file a final return under this Act with the Department of Revenue not more than one calendar month after discontinuing that business.

Section 60. Application of Retailers' Occupation Tax provisions. All the provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, and 13 of the Retailers' Occupation Tax Act that are not inconsistent with this Act apply, as far as practicable, to the fee imposed by Section 50 of this Act to the same extent as if those provisions were included in this Act. References in the incorporated Sections of the Retailers' Occupation Tax Act to retailers, to sellers, or to persons engaged in the business of selling tangible personal property mean retailers of encoded ammunition.

Section 65. Rules; notice; hearings.

(a) The Department of Revenue may adopt and enforce any reasonable rule to administer and enforce the fee imposed by Section 50 of this Act.

(b) Whenever the Department of Revenue is required to provide notice to a retailer under this Act, the notice may be personally served or given by United States certified or registered mail, addressed to the retailer or taxpayer concerned at his or her last known address, and proof of this mailing is sufficient for the purposes of this Act. In the case of a notice of hearing, the Department must mail the notice at least 7 days prior to the date fixed for the hearing.

(c) All hearings provided by the Department of Revenue under this Act with respect to or concerning a taxpayer having his or her principal place of business in this State other than in Cook County shall be held at the Department's office nearest to the location of the taxpayer's principal place of business. If the taxpayer has his or her principal place of business in Cook County, then the hearing must be held in Cook County. If the taxpayer does not have his or her principal place of business in this State, then the hearing must be held in Sangamon County.

(d) If any proceeding under this Act has been begun by the Department of Revenue or by a person subject thereto and that person subsequently dies or becomes a person under legal disability before the proceeding has been concluded, then the legal representative of the deceased person or person under legal disability shall notify the Department of Revenue of the death or legal disability. The Department must substitute the legal representative, as such, in place of and for the person. Within 20 days after notice to the legal representative of the time fixed for that purpose, the proceeding may proceed in all respects and with like effect as though the person had not died or become a person under legal disability.

Section 70. Administrative procedures. The Illinois Administrative Procedure Act is expressly adopted and applies to all administrative rules and procedures of the Department of Revenue under this Act, except that: (1) paragraph (b) of Section 4 of the Illinois Administrative Procedure Act does not apply to final orders, decisions, and opinions of the Department of Revenue; (2) subparagraph (a)(2) of Section 4 of the Illinois Administrative Procedure Act does not apply to forms established by the Department of Revenue for use under this Act; and (3) the provisions of Section 13 of the Illinois Administrative Procedure Act regarding proposals for decision are excluded and not applicable to the Department of Revenue under this Act.

Section 75. Review under Administrative Review Law.

(a) The circuit court of any county in which a hearing is held has the power to review all final administrative decisions of the Department of Revenue in administering the fee imposed under subsection (a) of Section 50 of this Act. If, however, the administrative proceeding that is to be reviewed judicially is a claim for refund proceeding commenced under this Act and Section 2a of the State Officers and Employees Money Disposition Act, the circuit court having jurisdiction over the action for judicial review under this Section and under the Administrative Review Law is the same court that entered the temporary restraining order or preliminary injunction that is provided for in that Section 2a, and that enables the claim proceeding to be processed and disposed of as a claim for refund proceeding other than as a claim for credit proceeding.

(b) The provisions of the Administrative Review Law apply to and govern all proceedings for the judicial review of final administrative decisions of the Department of Revenue under this Act. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure.

(c) Service of summons issued in any action to review a final administrative decision upon the Director or Assistant Director of Revenue shall be service upon the Department of Revenue. The Department of Revenue shall certify the record of its proceedings if the taxpayer pays to it the sum of $0.75 per page of testimony taken before the Department of Revenue and $0.25 per page of all other matters contained in the record, except that these charges may be waived if the Department of Revenue is satisfied that the aggrieved party cannot afford to pay these charges.

Section 80. Penalty. Any retailer who fails to make a return or who makes a fraudulent return, or who willfully violates any rule or regulation of the Department of Revenue for the administration and enforcement of the fee imposed by Section 50 of this Act, is guilty of a Class 4 felony.

Section 105. The State Finance Act is amended by adding Section 5.708 as follows:

(30 ILCS 105/5.708 new)

Sec. 5.708. The Ammunition Accountability Fund.

Section 999. Effective date. This Act takes effect January 1, 2009.