SB1330 103RD GENERAL ASSEMBLY

LRB103 25224 RLC 51568 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1330

Introduced 2/6/2023, by Sen. Dale Fowler

SYNOPSIS AS INTRODUCED:

430 ILCS 65/5

from Ch. 38, par. 83-5

Amends the Firearm Owners Identification Card Act. Provides that if the Illinois State Police fails to renew a Firearm Owner's Identification Card within 60 business days, provided the applicant submitted his or her renewal application prior to the expiration of his or her Firearm Owner's Identification Card, the renewal application for the Firearm Owner's Identification Card shall be granted unless subject to revocation or suspension. Provides that failure of the Illinois State Police to approve or deny an application or renew an application within the time frames under these provisions shall constitute a civil violation, and in addition to any other penalty provided by law, may incur a civil penalty in an amount not to exceed $500 for each violation and, in the case of a continuing violation, every day such violation continues shall be deemed a separate violation. Provides that penalties shall be collected by the State Treasurer, who shall deposit the money into the General Revenue Fund.

A BILL FOR

AN ACT concerning safety.

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

Section 5. The Firearm Owners Identification Card Act is amended by changing Section 5 as follows:

(430 ILCS 65/5) (from Ch. 38, par. 83-5)

Sec. 5. Application and renewal.

(a) The Illinois State Police shall either approve or deny all applications within 30 days from the date they are received, except as provided in subsections (b) and (c), and every applicant found qualified under Section 8 of this Act by the Illinois State Police shall be entitled to a Firearm Owner's Identification Card upon the payment of a $10 fee and applicable processing fees. The processing fees shall be limited to charges by the State Treasurer for using the electronic online payment system. Any applicant who is an active duty member of the Armed Forces of the United States, a member of the Illinois National Guard, or a member of the Reserve Forces of the United States is exempt from the application fee. $5 of each fee derived from the issuance of a Firearm Owner's Identification Card or renewals thereof shall be deposited in the State Police Firearm Services Fund and $5 into the State Police Revocation Enforcement Fund.

(b) Renewal applications shall be approved or denied within 60 business days, provided the applicant submitted his or her renewal application prior to the expiration of his or her Firearm Owner's Identification Card. If a renewal application has been submitted prior to the expiration date of the applicant's Firearm Owner's Identification Card, the Firearm Owner's Identification Card shall remain valid while the Illinois State Police processes the application, unless the person is subject to or becomes subject to revocation under this Act. The cost for a renewal application shall be $10 and may include applicable processing fees, which shall be limited to charges by the State Treasurer for using the electronic online payment system, which shall be deposited into the State Police Firearm Services Fund. If the Illinois State Police fails to renew a Firearm Owner's Identification Card within 60 business days, provided the applicant submitted his or her renewal application prior to the expiration of his or her Firearm Owner's Identification Card, the renewal application for the Firearm Owner's Identification Card shall be granted unless subject to revocation or suspension.

(c) If the Firearm Owner's Identification Card of a licensee under the Firearm Concealed Carry Act expires during the term of the licensee's concealed carry license, the Firearm Owner's Identification Card and the license remain valid and the licensee does not have to renew his or her Firearm Owner's Identification Card during the duration of the concealed carry license. Unless the Illinois State Police has reason to believe the licensee is no longer eligible for the card, the Illinois State Police may automatically renew the licensee's Firearm Owner's Identification Card and send a renewed Firearm Owner's Identification Card to the licensee.

(c-5) Failure of the Illinois State Police to approve or deny an application or renew an application within the time frames under subsection (a) or (b) shall constitute a civil violation, and in addition to any other penalty provided by law, may incur a civil penalty in an amount not to exceed $500 for each violation and, in the case of a continuing violation, every day such violation continues shall be deemed a separate violation. Penalties shall be collected by the State Treasurer, who shall deposit the money into the General Revenue Fund.

(d) The Illinois State Police may adopt rules concerning the use of voluntarily submitted fingerprints, as allowed by State and federal law.

(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)