Rep. Kathleen Willis

Filed: 5/31/2016

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1016

2    AMENDMENT NO. ______. Amend House Bill 1016 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the Gun
5Dealer Licensing Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Address of record" means the designated address recorded
8by the Department in the applicant's, dealer's or dealership
9agent's application file or license file as maintained by the
10Department's licensure maintenance unit. It is the duty of the
11applicant or dealer to inform the Department of any change of
12address, and those changes must be made either through the
13Department's website or by contacting the Department's
14licensure maintenance unit.
15    "Applicant" means any person who applies for a dealership
16license or dealer license, or the renewal of the dealership

 

 

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

 

 

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1compliance with its responsibilities as stated in this Act. The
2Department shall adopt rules mandating licensee-in-charge
3participation in dealership affairs.
4    "Department" means the Department of Financial and
5Professional Regulation.
6    "Engaged in the business" means, as provided in 18 U.S.C.
7921(a)(21) and 27 CFR 478.11(a), a "person who devotes time,
8attention, and labor to engaging in such activity as a regular
9course of trade or business with the principal objective of
10livelihood and profit."
11    "Gunsmith" means, as defined in 27 CFR 478.11(d), any
12person who receives firearms (frames receivers, or otherwise)
13provided by a customer for the purpose of repairing, modifying,
14embellishing, refurbishing, or installing parts in or on those
15firearms. A gunsmith is not "engaged in the business" of
16manufacturing firearms because the firearms being produced are
17not owned by the gunsmith and he does not sell or distribute
18the firearms manufactured.
19    "Firearm" has the same meaning as "firearm" in Section 1.1
20of the Firearm Owners Identification Card Act.
21    "Licensee" means a dealer or a dealership licensed under
22this Act. Anyone who holds himself or herself out as a licensee
23or who is accused of unlicensed business is considered a
24licensee for purposes of enforcement, investigation, hearings,
25and the Illinois Administrative Procedure Act.
26    "Manufacturer" means, as defined by 18 U.S.C. 921 (a)(10)

 

 

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1and 27 CFR 478.11, any person engaged in the business of
2manufacturing firearms or ammunition for purposes of sale or
3distribution.
4    "Secretary" means the Secretary of Financial and
5Professional Regulation.
 
6    Section 10. License requirement.
7    (a) It is unlawful for a person to be engaged in the
8business of selling, leasing, or otherwise transferring
9firearms without a license under this Act. A dealership agent
10other than a dealer licensee-in-charge may act on behalf of the
11licensed dealership under Section 75 without being licensed as
12a dealer under this Act.
13    (b) It is unlawful for a person, firm, corporation, group
14of individuals, or other legal entity to act as a dealership
15licensed under this Act, to advertise, or to assume to act as a
16licensed dealership or to use a title implying that the person,
17firm, or other entity is engaged in business as a dealership
18without a license under this Act. An individual or sole
19proprietor licensed as a dealer who operates without any
20dealership agents may act as a dealership without having to
21obtain a dealership license, provided the dealer notifies the
22Department that he or she is operating in this manner and
23provides the information required under Section 65, as
24determined to be applicable to the dealer by the Department.
25The dealer may operate under a "doing business as" or assumed

 

 

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

 

 

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

 

 

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1    (7) transfers of firearms that have been rendered
2permanently inoperable to a nonprofit historical society,
3museum, or institutional collection;
4    (8) transfers by a law enforcement or corrections agency or
5a law enforcement or corrections officer acting within the
6course and scope of his or her official duties;
7    (9) transfers by a person who has his or her Firearm
8Owner's Identification Card revoked to a State or local law
9enforcement agency;
10    (10) transfers of curios and relics, as defined under
11federal law, between collectors licensed under subsection (b)
12of Section 923 of the federal Gun Control Act of 1968;
13    (11) transfers of firearms by a store in which 20% or less
14of that store's annual sales is from the sale of firearms;
15    (12) a person who possesses a license to manufacture
16firearms as defined under subsection (a) of Section 923 of the
17federal Gun Control Act of 1968; or
18    (13) a person who is actually engaged in the business of
19manufacturing and selling any piece or part of a firearm, but
20only with respect to the activities which are within the lawful
21scope of that business, and who possesses a license under
22subsection (a) of Section 923 of the federal Gun Control Act of
231968.
 
24    Section 20. Powers and duties of the Department. Subject to
25the provisions of this Act, the Department shall exercise the

 

 

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

 

 

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

 

 

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1        (3) one member with at least 5 years of experience as a
2    federally licensed firearms dealer in good standing within
3    this State;
4        (4) one member who is a representative of an advocacy
5    group for public safety; and
6        (5) one member shall be a lawyer licensed to practice
7    law in this State. The membership shall reasonably reflect
8    the different geographic areas in this State.
9    (b) Members shall serve 4 year terms and may serve until
10their successors are appointed and qualified. Partial terms of
11over 2 years in length shall be considered full terms. No
12member shall serve for more than 2 successive terms. Whenever a
13vacancy in the Board occurs, the remaining members of the Board
14shall notify the Secretary of that vacancy within 5 days after
15its occurrence and the Secretary shall fill the vacancy within
1645 days. Appointments to fill vacancies shall be made in the
17same manner as the original appointments for the unexpired
18portion of the vacated term.
19    (c) The Secretary may recommend the removal of any member
20of the Board for cause at any time before the expiration of his
21or her term. A majority vote of the members is required for a
22decision to remove any member of the Board. A member subject to
23formal disciplinary proceedings shall disqualify himself or
24herself from all Board business until the charge is resolved. A
25member also shall disqualify himself or herself from any matter
26on which the member cannot act objectively.

 

 

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1    (d) The Board shall annually elect one of its members as
2chairperson and one of its members as vice-chair.
3    (e) Members shall receive compensation as set by law. Each
4member shall receive reimbursement as set by the Governor's
5Travel Control Board for expenses incurred in carrying out the
6duties as a Board member.
7    (f) A majority of Board members constitutes a quorum. A
8majority vote of the members is required for a decision. A
9vacancy in the membership of the Board shall not impair the
10right of a quorum to exercise all of the rights and perform all
11of the duties of the Board.
12    (g) The Board may recommend policies, procedures, and rules
13relevant to the administration and enforcement of this Act.
 
14    Section 30. Application for license; forms.
15    (a) Each license application shall be on forms provided by
16the Department.
17    (b) Every application for an original dealer license shall
18include the applicant's social security number, which shall be
19retained in the dealership's records pertaining to the license.
20As soon as practical, the Department shall assign a customer's
21identification number to each applicant for a license.
22    Every application for a renewal or restored license shall
23require the applicant's customer identification number.
24    (c) Beginning January 1, 2018, the Department shall accept
25applications for dealership licenses and dealer licenses.
 

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1is licensed under this Act.
 
2    Section 70. Disciplinary sanctions.
3    (a) The Department may deny issuance, refuse to renew, or
4restore or may reprimand, place on probation, suspend, revoke,
5or take other disciplinary or non-disciplinary action against
6any license, may impose a fine not to exceed $10,000 for each
7violation, and may assess costs as provided for under Section
8135, for any of the following, consistent with the Protection
9of Lawful Commerce in Arms Act, 15 U.S.C. 7901 through 7903 or
10amendments thereto:
11        (1) Material misstatement in furnishing information to
12    the Department or to any other State or federal agency.
13        (2) Violations of this Act, any of the rules adopted
14    under this Act, or any law applicable to the sale or
15    transfer of firearms.
16        (3) Making any misrepresentation for the purpose of
17    obtaining licenses or cards.
18        (4) A pattern of practice or other behavior which
19    demonstrates incapacity or incompetency to practice under
20    this Act.
21        (5) Aiding or assisting another person in violating any
22    provision of this Act or rules adopted under this Act.
23        (6) Failing, within 60 days, to provide information in
24    response to a written request made by the Department.
25        (7) Conviction of or plea of guilty or plea of nolo

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

09900HB1016ham007- 32 -LRB099 04847 JWD 49452 a

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

 

 

09900HB1016ham007- 33 -LRB099 04847 JWD 49452 a

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

 

 

09900HB1016ham007- 34 -LRB099 04847 JWD 49452 a

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

 

 

09900HB1016ham007- 35 -LRB099 04847 JWD 49452 a

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

 

 

09900HB1016ham007- 36 -LRB099 04847 JWD 49452 a

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

 

 

09900HB1016ham007- 37 -LRB099 04847 JWD 49452 a

1    Section 125. Subpoenas.
2    (a) The Department may subpoena and bring before it any
3person to take the oral or written testimony or compel the
4production of any books, papers, records, or any other
5documents that the Secretary or his or her designee deems
6relevant or material to any such investigation or hearing
7conducted by the Department with the same fees and in the same
8manner as prescribed in civil cases in the courts of this
9State.
10    (b) Any circuit court, upon the application of the
11applicant, licensee, or Department, may order the attendance
12and testimony of witnesses and the production of relevant
13documents, files, records, books, and papers in connection with
14any hearing or investigation. The circuit court may compel
15obedience to its order by proceedings for contempt.
16    (c) The Secretary, the hearing officer, any member of the
17Board, or a certified shorthand court reporter may administer
18oaths at any hearing the Department conducts. Notwithstanding
19any other statute or Department rule to the contrary, all
20requests for testimony, production of documents or records
21shall be in accordance with this Act.
 
22    Section 130. Stenographers. The Department, at its
23expense, shall preserve the record of all proceedings at a
24formal hearing of any case. The notice of hearing, complaint,
25all other documents in the nature of pleadings and written

 

 

09900HB1016ham007- 38 -LRB099 04847 JWD 49452 a

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

 

 

09900HB1016ham007- 39 -LRB099 04847 JWD 49452 a

1excluded. For the purpose of this Act, the notice required
2under Section 10-25 of the Illinois Administrative Procedure
3Act is considered sufficient when mailed to the address of
4record of a party.
 
5    Section 145. Confidentiality. All information collected by
6the Department in the course of an examination or investigation
7of a licensee or applicant, including, but not limited to, any
8complaint against a licensee filed with the Department and
9information collected to investigate any such complaint, shall
10be maintained for the confidential use of the Department and
11shall not be disclosed. The Department shall not disclose the
12information to anyone other than law enforcement officials,
13regulatory agencies that have an appropriate regulatory
14interest as determined by the Secretary, or a party presenting
15a lawful subpoena to the Department. Information and documents
16disclosed to a federal, State, county, or local law enforcement
17agency shall not be disclosed by the agency for any purpose to
18any other agency or person. A formal complaint filed against a
19licensee by the Department or any order issued by the
20Department against a licensee or applicant shall be a public
21record, except as otherwise prohibited by law.
 
22    Section 150. Rules. The Department shall adopt rules
23necessary to implement the provisions of this Act no later than
24180 days after the effective date of this Act. The Department

 

 

09900HB1016ham007- 40 -LRB099 04847 JWD 49452 a

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

 

 

09900HB1016ham007- 41 -LRB099 04847 JWD 49452 a

1notice or hearing upon filing a notice of emergency rulemaking
2with the Secretary of State under Section 5-70. The notice
3shall include the text of the emergency rule and shall be
4published in the Illinois Register. Consent orders or other
5court orders adopting settlements negotiated by an agency may
6be adopted under this Section. Subject to applicable
7constitutional or statutory provisions, an emergency rule
8becomes effective immediately upon filing under Section 5-65 or
9at a stated date less than 10 days thereafter. The agency's
10finding and a statement of the specific reasons for the finding
11shall be filed with the rule. The agency shall take reasonable
12and appropriate measures to make emergency rules known to the
13persons who may be affected by them.
14    (c) An emergency rule may be effective for a period of not
15longer than 150 days, but the agency's authority to adopt an
16identical rule under Section 5-40 is not precluded. No
17emergency rule may be adopted more than once in any 24 month
18period, except that this limitation on the number of emergency
19rules that may be adopted in a 24 month period does not apply
20to (i) emergency rules that make additions to and deletions
21from the Drug Manual under Section 5-5.16 of the Illinois
22Public Aid Code or the generic drug formulary under Section
233.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
24emergency rules adopted by the Pollution Control Board before
25July 1, 1997 to implement portions of the Livestock Management
26Facilities Act, (iii) emergency rules adopted by the Illinois

 

 

09900HB1016ham007- 42 -LRB099 04847 JWD 49452 a

1Department of Public Health under subsections (a) through (i)
2of Section 2 of the Department of Public Health Act when
3necessary to protect the public's health, (iv) emergency rules
4adopted pursuant to subsection (n) of this Section, (v)
5emergency rules adopted pursuant to subsection (o) of this
6Section, or (vi) emergency rules adopted pursuant to subsection
7(c-5) of this Section. Two or more emergency rules having
8substantially the same purpose and effect shall be deemed to be
9a single rule for purposes of this Section.
10    (c-5) To facilitate the maintenance of the program of group
11health benefits provided to annuitants, survivors, and retired
12employees under the State Employees Group Insurance Act of
131971, rules to alter the contributions to be paid by the State,
14annuitants, survivors, retired employees, or any combination
15of those entities, for that program of group health benefits,
16shall be adopted as emergency rules. The adoption of those
17rules shall be considered an emergency and necessary for the
18public interest, safety, and welfare.
19    (d) In order to provide for the expeditious and timely
20implementation of the State's fiscal year 1999 budget,
21emergency rules to implement any provision of Public Act 90-587
22or 90-588 or any other budget initiative for fiscal year 1999
23may be adopted in accordance with this Section by the agency
24charged with administering that provision or initiative,
25except that the 24-month limitation on the adoption of
26emergency rules and the provisions of Sections 5-115 and 5-125

 

 

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1do not apply to rules adopted under this subsection (d). The
2adoption of emergency rules authorized by this subsection (d)
3shall be deemed to be necessary for the public interest,
4safety, and welfare.
5    (e) In order to provide for the expeditious and timely
6implementation of the State's fiscal year 2000 budget,
7emergency rules to implement any provision of Public Act 91-24
8this amendatory Act of the 91st General Assembly or any other
9budget initiative for fiscal year 2000 may be adopted in
10accordance with this Section by the agency charged with
11administering that provision or initiative, except that the
1224-month limitation on the adoption of emergency rules and the
13provisions of Sections 5-115 and 5-125 do not apply to rules
14adopted under this subsection (e). The adoption of emergency
15rules authorized by this subsection (e) shall be deemed to be
16necessary for the public interest, safety, and welfare.
17    (f) In order to provide for the expeditious and timely
18implementation of the State's fiscal year 2001 budget,
19emergency rules to implement any provision of Public Act 91-712
20this amendatory Act of the 91st General Assembly or any other
21budget initiative for fiscal year 2001 may be adopted in
22accordance with this Section by the agency charged with
23administering that provision or initiative, except that the
2424-month limitation on the adoption of emergency rules and the
25provisions of Sections 5-115 and 5-125 do not apply to rules
26adopted under this subsection (f). The adoption of emergency

 

 

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1rules authorized by this subsection (f) shall be deemed to be
2necessary for the public interest, safety, and welfare.
3    (g) In order to provide for the expeditious and timely
4implementation of the State's fiscal year 2002 budget,
5emergency rules to implement any provision of Public Act 92-10
6this amendatory Act of the 92nd General Assembly or any other
7budget initiative for fiscal year 2002 may be adopted in
8accordance with this Section by the agency charged with
9administering that provision or initiative, except that the
1024-month limitation 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 (g). The adoption of emergency
13rules authorized by this subsection (g) shall be deemed to be
14necessary for the public interest, safety, and welfare.
15    (h) In order to provide for the expeditious and timely
16implementation of the State's fiscal year 2003 budget,
17emergency rules to implement any provision of Public Act 92-597
18this amendatory Act of the 92nd General Assembly or any other
19budget initiative for fiscal year 2003 may be adopted in
20accordance with this Section by the agency charged with
21administering that provision or initiative, except that the
2224-month limitation on the adoption of emergency rules and the
23provisions of Sections 5-115 and 5-125 do not apply to rules
24adopted under this subsection (h). The adoption of emergency
25rules authorized by this subsection (h) shall be deemed to be
26necessary for the public interest, safety, and welfare.

 

 

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1    (i) In order to provide for the expeditious and timely
2implementation of the State's fiscal year 2004 budget,
3emergency rules to implement any provision of Public Act 93-20
4this amendatory Act of the 93rd General Assembly or any other
5budget initiative for fiscal year 2004 may be adopted in
6accordance with this Section by the agency charged with
7administering that provision or initiative, except that the
824-month limitation on the adoption of emergency rules and the
9provisions of Sections 5-115 and 5-125 do not apply to rules
10adopted under this subsection (i). The adoption of emergency
11rules authorized by this subsection (i) shall be deemed to be
12necessary for the public interest, safety, and welfare.
13    (j) In order to provide for the expeditious and timely
14implementation of the provisions of the State's fiscal year
152005 budget as provided under the Fiscal Year 2005 Budget
16Implementation (Human Services) Act, emergency rules to
17implement any provision of the Fiscal Year 2005 Budget
18Implementation (Human Services) Act may be adopted in
19accordance with this Section by the agency charged with
20administering that provision, except that the 24-month
21limitation on the adoption of emergency rules and the
22provisions of Sections 5-115 and 5-125 do not apply to rules
23adopted under this subsection (j). The Department of Public Aid
24may also adopt rules under this subsection (j) necessary to
25administer the Illinois Public Aid Code and the Children's
26Health Insurance Program Act. The adoption of emergency rules

 

 

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1authorized by this subsection (j) shall be deemed to be
2necessary for the public interest, safety, and welfare.
3    (k) In order to provide for the expeditious and timely
4implementation of the provisions of the State's fiscal year
52006 budget, emergency rules to implement any provision of
6Public Act 94-48 this amendatory Act of the 94th General
7Assembly or any other budget initiative for fiscal year 2006
8may be adopted in accordance with this Section by the agency
9charged with administering that provision or initiative,
10except that the 24-month limitation on the adoption of
11emergency rules and the provisions of Sections 5-115 and 5-125
12do not apply to rules adopted under this subsection (k). The
13Department of Healthcare and Family Services may also adopt
14rules under this subsection (k) necessary to administer the
15Illinois Public Aid Code, the Senior Citizens and Persons with
16Disabilities Property Tax Relief Act, the Senior Citizens and
17Disabled Persons Prescription Drug Discount Program Act (now
18the Illinois Prescription Drug Discount Program Act), and the
19Children's Health Insurance Program Act. The adoption of
20emergency rules authorized by this subsection (k) shall be
21deemed to be necessary for the public interest, safety, and
22welfare.
23    (l) In order to provide for the expeditious and timely
24implementation of the provisions of the State's fiscal year
252007 budget, the Department of Healthcare and Family Services
26may adopt emergency rules during fiscal year 2007, including

 

 

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1rules effective July 1, 2007, in accordance with this
2subsection to the extent necessary to administer the
3Department's responsibilities with respect to amendments to
4the State plans and Illinois waivers approved by the federal
5Centers for Medicare and Medicaid Services necessitated by the
6requirements of Title XIX and Title XXI of the federal Social
7Security Act. The adoption of emergency rules authorized by
8this subsection (l) shall be deemed to be necessary for the
9public interest, safety, and welfare.
10    (m) In order to provide for the expeditious and timely
11implementation of the provisions of the State's fiscal year
122008 budget, the Department of Healthcare and Family Services
13may adopt emergency rules during fiscal year 2008, including
14rules effective July 1, 2008, in accordance with this
15subsection to the extent necessary to administer the
16Department's responsibilities with respect to amendments to
17the State plans and Illinois waivers approved by the federal
18Centers for Medicare and Medicaid Services necessitated by the
19requirements of Title XIX and Title XXI of the federal Social
20Security Act. The adoption of emergency rules authorized by
21this subsection (m) shall be deemed to be necessary for the
22public interest, safety, and welfare.
23    (n) In order to provide for the expeditious and timely
24implementation of the provisions of the State's fiscal year
252010 budget, emergency rules to implement any provision of
26Public Act 96-45 this amendatory Act of the 96th General

 

 

09900HB1016ham007- 48 -LRB099 04847 JWD 49452 a

1Assembly or any other budget initiative authorized by the 96th
2General Assembly for fiscal year 2010 may be adopted in
3accordance with this Section by the agency charged with
4administering that provision or initiative. The adoption of
5emergency rules authorized by this subsection (n) shall be
6deemed to be necessary for the public interest, safety, and
7welfare. The rulemaking authority granted in this subsection
8(n) shall apply only to rules promulgated during Fiscal Year
92010.
10    (o) In order to provide for the expeditious and timely
11implementation of the provisions of the State's fiscal year
122011 budget, emergency rules to implement any provision of
13Public Act 96-958 this amendatory Act of the 96th General
14Assembly or any other budget initiative authorized by the 96th
15General Assembly for fiscal year 2011 may be adopted in
16accordance with this Section by the agency charged with
17administering that provision or initiative. The adoption of
18emergency rules authorized by this subsection (o) is deemed to
19be necessary for the public interest, safety, and welfare. The
20rulemaking authority granted in this subsection (o) applies
21only to rules promulgated on or after the effective date of
22Public Act 96-958 this amendatory Act of the 96th General
23Assembly through June 30, 2011.
24    (p) In order to provide for the expeditious and timely
25implementation of the provisions of Public Act 97-689,
26emergency rules to implement any provision of Public Act 97-689

 

 

09900HB1016ham007- 49 -LRB099 04847 JWD 49452 a

1may be adopted in accordance with this subsection (p) by the
2agency charged with administering that provision or
3initiative. The 150-day limitation of the effective period of
4emergency rules does not apply to rules adopted under this
5subsection (p), and the effective period may continue through
6June 30, 2013. The 24-month limitation on the adoption of
7emergency rules does not apply to rules adopted under this
8subsection (p). The adoption of emergency rules authorized by
9this subsection (p) is deemed to be necessary for the public
10interest, safety, and welfare.
11    (q) In order to provide for the expeditious and timely
12implementation of the provisions of Articles 7, 8, 9, 11, and
1312 of Public Act 98-104 this amendatory Act of the 98th General
14Assembly, emergency rules to implement any provision of
15Articles 7, 8, 9, 11, and 12 of Public Act 98-104 this
16amendatory Act of the 98th General Assembly may be adopted in
17accordance with this subsection (q) by the agency charged with
18administering that provision or initiative. The 24-month
19limitation on the adoption of emergency rules does not apply to
20rules adopted under this subsection (q). The adoption of
21emergency rules authorized by this subsection (q) is deemed to
22be necessary for the public interest, safety, and welfare.
23    (r) In order to provide for the expeditious and timely
24implementation of the provisions of Public Act 98-651 this
25amendatory Act of the 98th General Assembly, emergency rules to
26implement Public Act 98-651 this amendatory Act of the 98th

 

 

09900HB1016ham007- 50 -LRB099 04847 JWD 49452 a

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

 

 

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1in accordance with this subsection (t) by the Department of
2State Police. The rulemaking authority granted in this
3subsection (t) shall apply only to those rules adopted prior to
4July 1, 2016. The 24-month limitation on the adoption of
5emergency rules does not apply to rules adopted under this
6subsection (t). The adoption of emergency rules authorized by
7this subsection (t) is deemed to be necessary for the public
8interest, safety, and welfare.
9    (u) (t) In order to provide for the expeditious and timely
10implementation of the provisions of the Burn Victims Relief
11Act, emergency rules to implement any provision of the Act may
12be adopted in accordance with this subsection (u) (t) by the
13Department of Insurance. The rulemaking authority granted in
14this subsection (u) (t) shall apply only to those rules adopted
15prior to December 31, 2015. The adoption of emergency rules
16authorized by this subsection (u) (t) is deemed to be necessary
17for the public interest, safety, and welfare.
18    (v) In order to provide for the expeditious and timely
19implementation of the provisions of the Gun Dealer Licensing
20Act, emergency rules to implement any provision of the Act may
21be adopted in accordance with this subsection (v) by the
22Department of Financial and Professional Regulation. The
23rulemaking authority granted in this subsection (v) shall apply
24only to those rules adopted no later than 180 days after the
25effective date of this amendatory Act of the 99th General
26Assembly. The adoption of emergency rules authorized by this

 

 

09900HB1016ham007- 52 -LRB099 04847 JWD 49452 a

1subsection (v) is deemed to be necessary for the public
2interest, safety, and welfare.
3(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13;
498-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16;
599-143, eff. 7-27-15; 99-455, eff. 1-1-16; revised
610-15-15.)".