Full Text of SB0337 100th General Assembly
SB0337ham001 100TH GENERAL ASSEMBLY | Rep. Kathleen Willis Filed: 5/25/2018
| | 10000SB0337ham001 | | LRB100 05120 RLC 40934 a |
|
| 1 | | AMENDMENT TO SENATE BILL 337
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 337 on page 2, line | 3 | | 5, by deleting "or similar location"; and
| 4 | | on page 2, line 8, by inserting "or similar special event", | 5 | | after "show"; and | 6 | | on page 2, line 15, after "valid.", by inserting "The | 7 | | Department may by rule create a process for checking the | 8 | | validity of the license, in lieu of requiring an affidavit."; | 9 | | and | 10 | | on page 2, line 20, by inserting after "affidavit." the | 11 | | following: | 12 | | "If the Department does not issue the certificate within 30 | 13 | | days, the licensee shall operate as if a certificate has been | 14 | | granted unless and until a denial is issued by the | 15 | | Department."; and
|
| | | 10000SB0337ham001 | - 2 - | LRB100 05120 RLC 40934 a |
|
| 1 | | on page 2, line 22, by replacing "90 days" with "180 days"; and | 2 | | on page 3, line 7, after "business name", by inserting "on the | 3 | | license"; and | 4 | | on page 3, line 8 after "business name", by inserting "on the | 5 | | license"; and | 6 | | on page 4, line 10, by replacing "60" with "90"; and | 7 | | on page 4, line 18, after "different", by inserting "business"; | 8 | | and
| 9 | | on page 4, line 19, after "another", by inserting "business"; | 10 | | and | 11 | | on page 4, line 20, after "different", by inserting "business"; | 12 | | and | 13 | | on page 5, lines 16 and 17, by deleting "and director,"; and
| 14 | | on page 5, line 18, after "corporate names", by inserting "by | 15 | | and which the certified licensee sells, transfers, or | 16 | | facilitates transfers of firearms"; and
|
| | | 10000SB0337ham001 | - 3 - | LRB100 05120 RLC 40934 a |
|
| 1 | | on page 6, line 8, after "exceptions", by inserting "enumerated | 2 | | in the Firearm Owners Identification Card Act"; and
| 3 | | on page 6, by inserting immediately below line 15 "This sign | 4 | | shall be created by the Department and made available for | 5 | | printing or downloading from the Department's website."; and | 6 | | on page 6, line 19, after "established", by inserting "as | 7 | | measured from the nearest corner of the building holding the | 8 | | retail location to the corner of the school, pre-school, or day | 9 | | care facility building nearest the retail location at the time | 10 | | the retail location seeks licensure"; and | 11 | | on page 8, line 23, after "licensees", by inserting "related to | 12 | | legal requirements and responsible business practices | 13 | | regarding the sale or transfer of firearms"; and | 14 | | on page 9, line 3, after "operation", by inserting "involving | 15 | | the selling, leasing, or otherwise transferring of firearms"; | 16 | | and | 17 | | on page 9, line 5, by replacing "Licensees" with "During an | 18 | | inspection, licensees"; and | 19 | | on page 9, line 19, after "licensee." by inserting the | 20 | | following: |
| | | 10000SB0337ham001 | - 4 - | LRB100 05120 RLC 40934 a |
|
| 1 | | "If an owner, employee, or other agent of the certified | 2 | | licensee is not otherwise a resident of this State, the | 3 | | certified licensee shall submit an affidavit stating that the | 4 | | owner, employee, or other agent has undergone a background | 5 | | check and is not prohibited from owning or possessing | 6 | | firearms."; and | 7 | | on page 10, by replacing lines 4 through 14 with the following: | 8 | | "(c) If a certified licensee has a license, certificate, or | 9 | | permit to sell, lease, transfer, purchase, or possess firearms | 10 | | issued by the federal government or the government of any state | 11 | | revoked or suspended for good cause within the preceding 4 | 12 | | years, the Department may consider revoking or suspending the | 13 | | certified licenses in this State. In making a determination of | 14 | | whether or not to revoke or suspend a certified license in this | 15 | | State, the Department shall consider the number of retail | 16 | | locations the certified licensee or any related person or | 17 | | entity operates in this State or in other states under the same | 18 | | or different business names, and the severity of the infraction | 19 | | in the state in which a license was revoked or suspended."; and | 20 | | on page 10, line 22, after "deems", by inserting "directly"; | 21 | | and
| 22 | | on page 10, line 25, by inserting after "State." the following: | 23 | | "The licensee may file an emergency motion with the Director or |
| | | 10000SB0337ham001 | - 5 - | LRB100 05120 RLC 40934 a |
|
| 1 | | a hearing officer authorized by the Department to quash a | 2 | | subpoena issued by the Department. If the Director or hearing | 3 | | officer determines that the subpoena was issued without good | 4 | | cause, the Director or hearing officer may quash the | 5 | | subpoena."; and | 6 | | on page 11, line 6, after "firearms", by inserting "in | 7 | | inventory"; and | 8 | | on page 11, line 7, by replacing "transferred, or carried" with
| 9 | | "or transferred"; and | 10 | | on page 11, line 10, by inserting after "location." the | 11 | | following: | 12 | | "If a video security system is deemed inadequate by the | 13 | | Department, the licensee shall have 30 days to correct the | 14 | | inadequacy. The Department shall submit to the licensee a | 15 | | written statement describing the specific inadequacies."; and | 16 | | on page 11, line 15, by inserting after "RECORDED."." the | 17 | | following: | 18 | | "This sign shall be created by the Department and available for | 19 | | printing or downloading from the Department's website."; and | 20 | | on page 12, line 8, by replacing "inadequacy" with "specific | 21 | | inadequacies"; and |
| | | 10000SB0337ham001 | - 6 - | LRB100 05120 RLC 40934 a |
|
| 1 | | on page 12, line 11, after "plan,", by inserting "the | 2 | | Department shall note the specific inadequacies in writing | 3 | | and"; and
| 4 | | on page 12, line 20, by replacing "may" with "shall"; and
| 5 | | on page 12, line 21, by inserting after "plan." the following: | 6 | | "The rules shall take into account the various types and sizes | 7 | | of the entities involved, and shall comply with all relevant | 8 | | State and federal laws."; and
| 9 | | by replacing line 25 on page 12 and line 1 on page 13 with the | 10 | | following: | 11 | | "Department shall develop and implement by rule statewide | 12 | | training standards for assisting certified licensees in | 13 | | recognizing"; and | 14 | | on page 13, line 3, after "firearm", by inserting ", including, | 15 | | but not limited to, indicators of a straw purchase"; and | 16 | | on page 13, line 5, after "licensee", by inserting "operating a | 17 | | retail location"; and | 18 | | by replacing line 23 on page 13 through line 3 on page 14 with | 19 | | the following: |
| | | 10000SB0337ham001 | - 7 - | LRB100 05120 RLC 40934 a |
|
| 1 | | "Department may not charge a certified licensee in this State, | 2 | | operating under the same or different business name, fees | 3 | | exceeding $40,000 for the certification of multiple licenses. | 4 | | All fees and fines collected under this Act"; and | 5 | | on page 14, line 15, by replacing "inventory" with "acquisition | 6 | | and disposition"; and | 7 | | on page 16, line 16, by replacing "60" with "90"; and | 8 | | on page 20, line 11, by deleting "indefinite" wherever it | 9 | | appears; and | 10 | | on page 21, by inserting immediately below line 21 the | 11 | | following: | 12 | | "Section 5-120. Federal agencies and investigations. | 13 | | Nothing in this Act shall be construed to interfere with any | 14 | | federal agency or any federal agency investigation. All | 15 | | Department rules adopted under this Act shall comply with | 16 | | federal law. The Department may as necessary coordinate efforts | 17 | | with relevant State and federal law enforcement agencies to | 18 | | enforce this Act."; and | 19 | | on page 28, line 14, by inserting after " offense. " the | 20 | | following: |
| | | 10000SB0337ham001 | - 8 - | LRB100 05120 RLC 40934 a |
|
| 1 | | " A transferee shall not be criminally liable under this Section | 2 | | provided that he or she provides the Department of State Police | 3 | | with the transfer records in accordance with procedures | 4 | | established by the Department. The Department shall establish, | 5 | | by rule, a standard form on its website. ".
|
|