Rep. Kathleen Willis

Filed: 5/23/2016

 

 


 

 


 
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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" means any person engaged in the business of
7selling, leasing, or otherwise transferring firearms. "Dealer"
8includes any person engaged in the business of selling firearms
9at wholesale or retail, or repairing firearms or making or
10fitting special barrels, stocks, or trigger mechanisms to
11firearms.
12    "Dealership" means a person, firm, corporation, or other
13legal entity that engages in the business of selling, leasing,
14or otherwise transferring firearms and employs, in addition to
15the gun dealer licensee-in-charge, at least one other
16dealership agent.
17    "Dealership agent" means an owner, officer, paid or unpaid
18agent, volunteer or employee of a licensed dealership who has
19access to or control of firearms in the inventory of the
20dealership or confidential or security information of the
21dealership.
22    "Dealership licensee-in-charge" or "licensee-in-charge"
23means a dealer who has been designated by a dealership to be
24the licensee-in-charge of the dealership, who is a full-time
25management employee or owner who assumes sole responsibility
26for maintaining all records required by this Act, and who

 

 

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1assumes sole responsibility for assuring the dealership's
2compliance with its responsibilities as stated in this Act. The
3Department shall adopt rules mandating licensee-in-charge
4participation in dealership affairs.
5    "Department" means the Department of Financial and
6Professional Regulation.
7    "Engage in the business of selling, leasing, or otherwise
8transferring firearms" means to:
9        (1) conduct a business selling, leasing, or
10    transferring firearms;
11        (2) hold himself or herself out as engaged in the
12    business of selling, leasing or otherwise transferring
13    firearms; or
14        (3) sell, lease, or transfer firearms in quantity, in
15    series, or in any other manner indicative of trade.
16    "Firearm" has the same meaning as "firearm" in Section 1.1
17of the Firearm Owners Identification Card Act.
18    "Licensee" means a dealer or a dealership licensed under
19this Act. Anyone who holds himself or herself out as a licensee
20or who is accused of unlicensed business is considered a
21licensee for purposes of enforcement, investigation, hearings,
22and the Illinois Administrative Procedure Act.
23    "Manufacturer" means any person engaged in the business of
24manufacturing firearms or ammunition for purposes of sale or
25distribution.
26    "Person" means a natural person.

 

 

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1    "Secretary" means the Secretary of Financial and
2Professional Regulation.
 
3    Section 10. License requirement.
4    (a) It is unlawful for a person to engage in the business
5of selling, leasing, or otherwise transferring firearms
6without a license under this Act. A dealership agent other than
7a dealer licensee-in-charge may act on behalf of the licensed
8dealership under Section 75 without being licensed as a dealer
9under this Act.
10    (b) It is unlawful for a person, firm, corporation, group
11of individuals, or other legal entity to act as a dealership
12licensed under this Act, to advertise, or to assume to act as a
13licensed dealership or to use a title implying that the person,
14firm, or other entity is engaged in business as a dealership
15without a license under this Act. An individual or sole
16proprietor licensed as a dealer who operates without any
17dealership agents may act as a dealership without having to
18obtain a dealership license, provided the dealer notifies the
19Department that he or she is operating in this manner and
20provides the information required under Section 65, as
21determined to be applicable to the dealer by the Department.
22The dealer may operate under a "doing business as" or assumed
23name certification so long as the assumed name is first
24registered with the Department.
25    This subsection (b) does not apply to:

 

 

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1        (1) a person who possesses a license to manufacture
2    firearms under subsection (a) of Section 923 of the federal
3    Gun Control Act of 1968 (18 U.S.C. 923(a)); or
4        (2) a person who is actually engaged in the business of
5    manufacturing and selling any piece or part of a firearm,
6    but only with respect to the activities which are within
7    the lawful scope of that business.
8    (c) No dealership shall operate a branch office without
9first applying for and receiving a branch office license for
10each location. The term "branch office" does not include a
11location at which the dealership conducts business
12temporarily, such as at a gun show.
13    (d) It is unlawful to obtain or attempt to obtain any
14license or authorization issued under this Act by fraudulent
15misrepresentation.
16    (e) A person who violates any provision of this Section is
17guilty of a Class A misdemeanor for a first violation, and a
18Class 4 felony for a second or subsequent violation.
19    (f) In addition to any other penalty provided by law, any
20person or entity who violates any provision of this Section
21shall, pay a civil penalty to the Department in an amount not
22to exceed $10,000 for each offense as determined by the
23Department. The civil penalty shall be assessed by the
24Department after a hearing is held in accordance with the
25provisions set forth in this Act regarding the provision of a
26hearing for the discipline of a licensee.

 

 

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1    (g) The Department has the authority and power to
2investigate any and all unlicensed activity.
3    (h) The civil penalty shall be paid within 60 days after
4the effective date of the order imposing the civil penalty. The
5order shall constitute a judgment and may be filed and
6execution had thereon in the same manner as any judgment from
7any court of record.
 
8    Section 15. Exemptions. The provisions of this Act related
9to the licensure of dealers and dealerships do not apply to a
10person or other entity that engages in the following
11activities:
12    (1) transfers of less than 10 firearms within each calendar
13year;
14    (2) temporary transfers of firearms solely for use at the
15location or on the premises where the transfer takes place,
16such as transfers at a shooting range for use at that location;
17    (3) temporary transfers of firearms solely for use while in
18the presence of the transferor, such as transfers for the
19purposes of firearm safety training by a training instructor;
20    (4) transfers of firearms among immediate family or
21household members, as "immediate family or household member" is
22defined in Section 3-2.7-10 of the Unified Code of Corrections;
23    (5) transfers by persons or entities acting under operation
24of law or a court order;
25    (6) transfers by persons or entities liquidating all or

 

 

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1part of a collection, provided that a person or entity is not
2considered to be liquidating a collection if the person or
3entity acquires more than one additional firearm within the
43-year period after the transfer;
5    (7) transfers of firearms that have been rendered
6permanently inoperable to a nonprofit historical society,
7museum, or institutional collection;
8    (8) transfers by a law enforcement or corrections agency or
9a law enforcement or corrections officer acting within the
10course and scope of his or her official duties;
11    (9) transfers by a person who has his or her Firearm
12Owner's Identification Card revoked to a State or local law
13enforcement agency;
14    (10) transfers of curios and relics, as defined under
15federal law, between collectors licensed under subsection (b)
16of Section 923 of the federal Gun Control Act of 1968; or
17    (11) transfers of firearms by an entity in which less than
1820% of the entity's gross receipts in any one month period is
19from the sale of firearms.
 
20    Section 20. Powers and duties of the Department. Subject to
21the provisions of this Act, the Department shall exercise the
22following powers and duties:
23        (1) Prescribe forms to be issued for the administration
24    and enforcement of this Act.
25        (2) Prescribe and publish rules for issuance of dealer

 

 

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

 

 

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

 

 

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1    group for public safety; and
2        (5) one member shall be a lawyer licensed to practice
3    law in this State. The membership shall reasonably reflect
4    the different geographic areas in this State.
5    (b) Members shall serve 4 year terms and may serve until
6their successors are appointed and qualified. Partial terms of
7over 2 years in length shall be considered full terms. No
8member shall serve for more than 2 successive terms. Whenever a
9vacancy in the Board occurs, the remaining members of the Board
10shall notify the Secretary of that vacancy within 5 days after
11its occurrence and the Secretary shall fill the vacancy within
1245 days. Appointments to fill vacancies shall be made in the
13same manner as the original appointments for the unexpired
14portion of the vacated term.
15    (c) The Secretary may recommend the removal of any member
16of the Board for cause at any time before the expiration of his
17or her term. A majority vote of the members is required for a
18decision to remove any member of the Board. A member subject to
19formal disciplinary proceedings shall disqualify himself or
20herself from all Board business until the charge is resolved. A
21member also shall disqualify himself or herself from any matter
22on which the member cannot act objectively.
23    (d) The Board shall annually elect one of its members as
24chairperson and one of its members as vice-chair.
25    (e) Members shall receive compensation as set by law. Each
26member shall receive reimbursement as set by the Governor's

 

 

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1Travel Control Board for expenses incurred in carrying out the
2duties as a Board member.
3    (f) A majority of Board members constitutes a quorum. A
4majority vote of the members is required for a decision. A
5vacancy in the membership of the Board shall not impair the
6right of a quorum to exercise all of the rights and perform all
7of the duties of the Board.
8    (g) The Board may recommend policies, procedures, and rules
9relevant to the administration and enforcement of this Act.
 
10    Section 30. Application for license; forms.
11    (a) Each license application shall be on forms provided by
12the Department.
13    (b) Every application for an original dealer license shall
14include the applicant's social security number, which shall be
15retained in the dealership's records pertaining to the license.
16As soon as practical, the Department shall assign a customer's
17identification number to each applicant for a license.
18    Every application for a renewal or restored license shall
19require the applicant's customer identification number.
20    (c) Beginning January 1, 2018, the Department shall accept
21applications for dealership licenses and dealer licenses.
 
22    Section 35. Issuance of license; renewal; fees.
23    (a) The Department shall, upon the applicant's
24satisfactory completion of the requirements under this Act and

 

 

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1receipt of the fee, issue the license indicating the name and
2business location of the licensee and the date of expiration.
3On or before December 31, 2018, the Department shall issue
4dealer and dealership licenses to all qualified applicants
5whose business existed in that location on the effective date
6of this Act, and who submitted the application to the
7Department on or after January 1, 2018 but before October 1,
82018. If an applicant submits an application for a license
9before October 1, 2018 and the Department does not issue or
10deny the license on or before December 31, 2018, or the
11Department does not issue or deny a license within 90 days to
12an applicant who submits an application for a license or
13renewal of a license on October 1, 2018 or thereafter, the
14applicant or licensee shall not be in violation of this Act on
15the basis of continuing to operate the business.
16    (b) The expiration date, renewal period, and conditions for
17renewal and restoration of each license shall be set by rule.
18The holder may renew the license during the 90 days preceding
19its expiration by paying the required fee and by meeting
20conditions that the Department may specify. As a condition of
21renewal of a dealer's license, the Department shall receive
22from the applicant a copy of his or her valid and unexpired
23concealed carry license, or shall verify the validity of the
24applicant's Firearm Owner's Identification Card through the
25Department of State Police in a manner prescribed by rule by
26the Department of State Police. A dealership or dealer

 

 

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

 

 

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

 

 

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1    government or the government of any state or subdivision of
2    any state revoked or suspended for good cause within the
3    preceding 3 years, or been terminated from employment with
4    a licensee or former licensee for good cause within the
5    preceding 3 years;
6        (4) has a minimum of one year of experience, with a
7    minimum of 100 hours per year, during the 5 years
8    immediately preceding the application: (i) as a dealership
9    agent under this Act; or (ii) as a federal firearms dealer
10    licensed under Section 923 of the federal Gun Control Act
11    of 1968 (18 U.S.C. 923) or an employee of the business who
12    had access to firearms; and
13        (5) has paid the fees required by this Act.
14    (b) The Department may request a personal interview of an
15applicant before the Board to further evaluate his or her
16qualifications for a license.
 
17    Section 45. Qualifications for licensure as a dealership.
18    (a) Upon receipt of the required fee and the information
19listed in subsection (b) of this Section, the Department shall
20issue a license as a dealership to any of the following:
21        (1) An individual who submits an application and is a
22    licensed dealer under this Act.
23        (2) A firm that submits an application and all of the
24    members of the firm are licensed dealers under this Act.
25        (3) A corporation or limited liability company doing

 

 

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

 

 

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

 

 

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1    consistent with the United States Constitution and the
2    Constitution of the State of Illinois, including local
3    license requirements. It shall be the duty of local
4    authorities to investigate and enforce any failure of a
5    dealer or dealership to meet these requirements and to
6    notify the Department of these investigations and
7    enforcement actions. This paragraph (7) supersedes Section
8    13.1 of the Firearm Owners Identification Card Act and
9    Section 90 of the Firearm Concealed Carry Act as applied to
10    the local regulation of dealers and dealerships.
11        (8) Proof that the dealership is properly licensed as a
12    firearms dealer under federal law.
13        (9) A final inspection report demonstrating that the
14    Department has determined upon inspection that the
15    proposed business premises comply with Section 70.
16    (c) No dealer may be the licensee-in-charge for more than
17one dealership. Upon written request by a representative of a
18dealership, within 10 days after the loss of a
19licensee-in-charge of a dealership because of the death of that
20individual or because of the termination of the employment of
21that individual, the Department shall issue a temporary
22certificate of authority allowing the continuing operation of
23the licensed dealership. No temporary certificate of authority
24shall be valid for more than 90 days. An extension of an
25additional 90 days may be granted upon written request by the
26representative of the dealership. Not more than 2 extensions

 

 

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1may be granted to any dealership. No temporary permit shall be
2issued for loss of the licensee-in-charge because of
3disciplinary action by the Department related to his or her
4conduct on behalf of the dealership.
5    (d) The Department may request a personal interview of a
6gun dealership licensee-in-charge to evaluate the dealership's
7qualifications for a license.
 
8    Section 50. Display of license. Each licensee shall
9prominently display his or her individual, agency, or branch
10office license at each place where business is being conducted,
11as required under this Act. A licensee-in-charge is required to
12post his or her license only at the dealership office.
 
13    Section 55. Requirements; prohibitions.
14    (a) The Department of Financial and Professional
15Regulation shall implement the provisions of this Section by
16rule.
17    (b) A licensee shall maintain operating documents which
18shall include procedures for the oversight of the licensee and
19procedures to ensure accurate recordkeeping.
20    (c) By the date of application, a licensee shall implement
21appropriate security measures, as provided by rule, to deter
22and prevent the theft of firearms and unauthorized entrance
23into areas containing firearms. The rules may provide for:
24        (1) the manner of securing firearms when the location

 

 

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1    is both open and closed for business;
2        (2) alarm systems for licensees; and
3        (3) other reasonable requirements to deter illegal
4    sales and reduce the risk of burglaries and other crimes or
5    accidents at licensees' business establishments.
6    (d) The licensed business location shall be equipped with a
7video surveillance system sufficient to monitor the critical
8areas of the business premises, including, but not limited to,
9all places where firearms are stored, handled, sold,
10transferred, or carried. The video surveillance system shall
11operate without interruption, whenever the licensee is open for
12business. Whenever the licensee is not open for business, the
13system shall be triggered by a motion detector and begin
14recording immediately upon detection of any motion within the
15monitored area. In addition, every sale or transfer of a
16firearm, including sales and transfers that take place at
17locations other than the business premises, shall be recorded
18by the video surveillance system in a way that the facial
19features of the purchaser or transferee are clearly visible.
20The stored images shall be maintained on the business premises
21of the licensee for a period of not less than one year from the
22date of recordation and shall only be available for inspection
23on the premises by the licensee, the licensee's dealership
24agents, the Department and federal, State, and local law
25enforcement upon request, and neither the stored images nor
26copies, records, or reproductions of the stored images shall

 

 

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1leave the custody of the licensee except under a court order,
2subpoena, or search warrant. The licensee shall post a sign in
3a conspicuous place at each entrance to the premises that
4states in block letters not less than one inch in height:
5        THESE PREMISES ARE UNDER VIDEO SURVEILLANCE. YOUR
6    IMAGE MAY BE RECORDED.
7    (e) The area where the licensee stores firearms that are
8inventory of the licensee shall only be accessed by dealership
9agents, Department of Financial and Professional Regulation
10staff performing inspections, law enforcement or other
11emergency personnel, and contractors working on jobs unrelated
12to firearms, such as installing or maintaining security devices
13or performing electrical wiring.
14    (f) A licensee shall operate its business and conduct all
15sales and transfers of firearms or in compliance with all
16federal and State laws, and maintain all records as required by
17federal and State laws.
18    (g) A licensee shall not allow any person to handle
19firearms while intoxicated.
20    (h) A licensee shall post in a conspicuous position on the
21premises where the licensee conducts business a sign that
22contains the following warning in block letters not less than
23one inch in height:
24        "With few exceptions, it is unlawful for you to:
25            (1) store or leave an unsecured firearm in a place
26        where a child can obtain access to it,

 

 

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1            (2) sell or transfer your firearm to someone else
2        without receiving approval for the transfer from the
3        Department of State Police, or
4            (3) fail to report the loss or theft of your
5        firearm to local law enforcement within 72 hours."
6    A licensee shall post any additional warnings or provide
7any other information regarding firearms laws and the safe
8storage of firearms to consumers as required by the Department
9by rule.
10    (i) Before issuance, renewal, or restoration of a
11dealership license, the Department shall inspect the premises
12of the proposed business to ensure compliance with this Act.
13Licensees shall have their places of business open for
14inspection by the Department and law enforcement during all
15hours of operation, provided that the Department may conduct no
16more than one unannounced inspection per dealer or dealership
17per year without good cause. Licensees shall make all records,
18documents, and firearms accessible for inspection upon the
19request of law enforcement and the Department.
20    (j) The premises where the licensee conducts business shall
21not be located in any district or area that is within 1,000
22feet of any school, pre-school, or day-care facility, except
23that the premises where a licensee conducts business may be
24located in an area that is between 500 and 1,000 feet of a
25school, pre-school, or day-care facility located in a
26municipality with more than 1,000,000 inhabitants. This

 

 

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

 

 

09900HB1016ham003- 24 -LRB099 04847 RLC 49047 a

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

 

 

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1agent employed by the dealership, and record the unique
2approval number provided by the Department of State Police in
3the record maintained under paragraph (5) of this Section,
4provided that a dealership shall not be required to confirm the
5validity of the Firearm Owner's Identification Card of a
6dealership agent if the dealership has already confirmed the
7validity of the dealership agent's Firearm Owner's
8Identification Card within the last 6 months or the dealership
9agent has provided the dealership with a copy of his or her
10valid and unexpired concealed carry license within the last 6
11months.
12    (5) Each dealership shall maintain a record of each
13dealership agent that is accessible to the Department. The
14record shall contain the following information:
15        (A) The Dealership Agent's Statement specified in
16    paragraph (2) of this Section; and
17        (B) A copy of the dealership agent's concealed carry
18    license or Firearm Owner's Identification Card, and the
19    approval number provided by the Department of State Police
20    when the dealership last confirmed the validity of the
21    dealership agent's Firearm Owner's Identification Card.
22    The Department may, by rule, prescribe further record
23    requirements.
24    (6) Every dealership shall maintain a separate roster of
25the names of all dealership agents and submit the roster to the
26Department on request.

 

 

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

 

 

09900HB1016ham003- 27 -LRB099 04847 RLC 49047 a

1activities of a dealer or dealership agent, unless that person
2is licensed under this Act.
 
3    Section 70. Disciplinary sanctions.
4    (a) The Department may deny issuance, refuse to renew, or
5restore or may reprimand, place on probation, suspend, revoke,
6or take other disciplinary or non-disciplinary action against
7any license, may impose a fine not to exceed $10,000 for each
8violation, and may assess costs as provided for under Section
9135, for any of the following, consistent with the Protection
10of Lawful Commerce in Arms Act, 15 U.S.C. 7901 through 7903 or
11amendments thereto:
12        (1) Material misstatement in furnishing information to
13    the Department or to any other State or federal agency.
14        (2) Violations of this Act, any of the rules adopted
15    under this Act, or any law applicable to the sale or
16    transfer of firearms.
17        (3) Making any misrepresentation for the purpose of
18    obtaining licenses or cards.
19        (4) A pattern of practice or other behavior which
20    demonstrates incapacity or incompetency to practice under
21    this Act.
22        (5) Aiding or assisting another person in violating any
23    provision of this Act or rules adopted under this Act.
24        (6) Failing, within 60 days, to provide information in
25    response to a written request made by the Department.

 

 

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

 

 

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

 

 

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

 

 

09900HB1016ham003- 31 -LRB099 04847 RLC 49047 a

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

 

 

09900HB1016ham003- 32 -LRB099 04847 RLC 49047 a

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

 

 

09900HB1016ham003- 33 -LRB099 04847 RLC 49047 a

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

 

 

09900HB1016ham003- 34 -LRB099 04847 RLC 49047 a

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

 

 

09900HB1016ham003- 35 -LRB099 04847 RLC 49047 a

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

 

 

09900HB1016ham003- 36 -LRB099 04847 RLC 49047 a

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

 

 

09900HB1016ham003- 37 -LRB099 04847 RLC 49047 a

1administrative decisions of the Department are subject to
2judicial review under Article III of the Code of Civil
3Procedure. The term "administrative decision" is defined as in
4Section 3-101 of the Code of Civil Procedure. The proceedings
5for judicial review shall be commenced in the circuit court of
6the county in which the party applying for review resides; but
7if the party is not a resident of this State, the venue shall
8be in Sangamon County. The Department shall not be required to
9certify any record to the court or file any answer in court or
10otherwise appear in any court in a judicial review proceeding,
11unless and until the Department has received from the plaintiff
12payment of the costs of furnishing and certifying the record,
13which costs shall be determined by the Department. Exhibits
14shall be certified without cost. Failure on the part of the
15applicant or licensee to file a receipt in court is grounds for
16dismissal of the action.
 
17    Section 120. Prima facie proof.
18    (a) An order or a certified copy thereof, over the seal of
19the Department and purporting to be signed by the Secretary, is
20prima facie proof that the signature is that of the Secretary,
21and the Secretary is qualified to act.
22    (b) A certified copy of a record of the Department shall,
23without further proof, be admitted into evidence in any legal
24proceeding, and shall be prima facie correct and prima facie
25evidence of the information contained therein.
 

 

 

09900HB1016ham003- 38 -LRB099 04847 RLC 49047 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,

 

 

09900HB1016ham003- 39 -LRB099 04847 RLC 49047 a

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

 

 

09900HB1016ham003- 40 -LRB099 04847 RLC 49047 a

1continuation or renewal of the license, is specifically
2excluded. For the purpose of this Act, the notice required
3under Section 10-25 of the Illinois Administrative Procedure
4Act is considered sufficient when mailed to the address of
5record of a party.
 
6    Section 145. Confidentiality. All information collected by
7the Department in the course of an examination or investigation
8of a licensee or applicant, including, but not limited to, any
9complaint against a licensee filed with the Department and
10information collected to investigate any such complaint, shall
11be maintained for the confidential use of the Department and
12shall not be disclosed. The Department shall not disclose the
13information to anyone other than law enforcement officials,
14regulatory agencies that have an appropriate regulatory
15interest as determined by the Secretary, or a party presenting
16a lawful subpoena to the Department. Information and documents
17disclosed to a federal, State, county, or local law enforcement
18agency shall not be disclosed by the agency for any purpose to
19any other agency or person. A formal complaint filed against a
20licensee by the Department or any order issued by the
21Department against a licensee or applicant shall be a public
22record, except as otherwise prohibited by law.
 
23    Section 150. Rules. The Department shall adopt rules
24necessary to implement the provisions of this Act no later than

 

 

09900HB1016ham003- 41 -LRB099 04847 RLC 49047 a

1180 days after the effective date of this Act. The Department
2may adopt rules necessary to implement the provisions of this
3Act through the use of emergency rulemaking in accordance with
4Section 5-45 of the Illinois Administrative Procedure Act for a
5period not to exceed 180 days after the effective date of this
6Act.
 
7    Section 900. The Regulatory Sunset Act is amended by adding
8Section 4.37 as follows:
 
9    (5 ILCS 80/4.37 new)
10    Sec. 4.37. Act repealed on January 1, 2027. The following
11Act is repealed on January 1, 2027:
12    The Gun Dealer Licensing Act.
 
13    Section 905. The Illinois Administrative Procedure Act is
14amended by changing Section 5-45 as follows:
 
15    (5 ILCS 100/5-45)  (from Ch. 127, par. 1005-45)
16    Sec. 5-45. Emergency rulemaking.
17    (a) "Emergency" means the existence of any situation that
18any agency finds reasonably constitutes a threat to the public
19interest, safety, or welfare.
20    (b) If any agency finds that an emergency exists that
21requires adoption of a rule upon fewer days than is required by
22Section 5-40 and states in writing its reasons for that

 

 

09900HB1016ham003- 42 -LRB099 04847 RLC 49047 a

1finding, the agency may adopt an emergency rule without prior
2notice or hearing upon filing a notice of emergency rulemaking
3with the Secretary of State under Section 5-70. The notice
4shall include the text of the emergency rule and shall be
5published in the Illinois Register. Consent orders or other
6court orders adopting settlements negotiated by an agency may
7be adopted under this Section. Subject to applicable
8constitutional or statutory provisions, an emergency rule
9becomes effective immediately upon filing under Section 5-65 or
10at a stated date less than 10 days thereafter. The agency's
11finding and a statement of the specific reasons for the finding
12shall be filed with the rule. The agency shall take reasonable
13and appropriate measures to make emergency rules known to the
14persons who may be affected by them.
15    (c) An emergency rule may be effective for a period of not
16longer than 150 days, but the agency's authority to adopt an
17identical rule under Section 5-40 is not precluded. No
18emergency rule may be adopted more than once in any 24 month
19period, except that this limitation on the number of emergency
20rules that may be adopted in a 24 month period does not apply
21to (i) emergency rules that make additions to and deletions
22from the Drug Manual under Section 5-5.16 of the Illinois
23Public Aid Code or the generic drug formulary under Section
243.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
25emergency rules adopted by the Pollution Control Board before
26July 1, 1997 to implement portions of the Livestock Management

 

 

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1Facilities Act, (iii) emergency rules adopted by the Illinois
2Department of Public Health under subsections (a) through (i)
3of Section 2 of the Department of Public Health Act when
4necessary to protect the public's health, (iv) emergency rules
5adopted pursuant to subsection (n) of this Section, (v)
6emergency rules adopted pursuant to subsection (o) of this
7Section, or (vi) emergency rules adopted pursuant to subsection
8(c-5) of this Section. Two or more emergency rules having
9substantially the same purpose and effect shall be deemed to be
10a single rule for purposes of this Section.
11    (c-5) To facilitate the maintenance of the program of group
12health benefits provided to annuitants, survivors, and retired
13employees under the State Employees Group Insurance Act of
141971, rules to alter the contributions to be paid by the State,
15annuitants, survivors, retired employees, or any combination
16of those entities, for that program of group health benefits,
17shall be adopted as emergency rules. The adoption of those
18rules shall be considered an emergency and necessary for the
19public interest, safety, and welfare.
20    (d) In order to provide for the expeditious and timely
21implementation of the State's fiscal year 1999 budget,
22emergency rules to implement any provision of Public Act 90-587
23or 90-588 or any other budget initiative for fiscal year 1999
24may be adopted in accordance with this Section by the agency
25charged with administering that provision or initiative,
26except that the 24-month limitation on the adoption of

 

 

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1emergency rules and the provisions of Sections 5-115 and 5-125
2do not apply to rules adopted under this subsection (d). The
3adoption of emergency rules authorized by this subsection (d)
4shall be deemed to be necessary for the public interest,
5safety, and welfare.
6    (e) In order to provide for the expeditious and timely
7implementation of the State's fiscal year 2000 budget,
8emergency rules to implement any provision of Public Act 91-24
9this amendatory Act of the 91st General Assembly or any other
10budget initiative for fiscal year 2000 may be adopted in
11accordance with this Section by the agency charged with
12administering that provision or initiative, except that the
1324-month limitation on the adoption of emergency rules and the
14provisions of Sections 5-115 and 5-125 do not apply to rules
15adopted under this subsection (e). The adoption of emergency
16rules authorized by this subsection (e) shall be deemed to be
17necessary for the public interest, safety, and welfare.
18    (f) In order to provide for the expeditious and timely
19implementation of the State's fiscal year 2001 budget,
20emergency rules to implement any provision of Public Act 91-712
21this amendatory Act of the 91st General Assembly or any other
22budget initiative for fiscal year 2001 may be adopted in
23accordance with this Section by the agency charged with
24administering that provision or initiative, except that the
2524-month limitation on the adoption of emergency rules and the
26provisions of Sections 5-115 and 5-125 do not apply to rules

 

 

09900HB1016ham003- 45 -LRB099 04847 RLC 49047 a

1adopted under this subsection (f). The adoption of emergency
2rules authorized by this subsection (f) shall be deemed to be
3necessary for the public interest, safety, and welfare.
4    (g) In order to provide for the expeditious and timely
5implementation of the State's fiscal year 2002 budget,
6emergency rules to implement any provision of Public Act 92-10
7this amendatory Act of the 92nd General Assembly or any other
8budget initiative for fiscal year 2002 may be adopted in
9accordance with this Section by the agency charged with
10administering that provision or initiative, except that the
1124-month limitation on the adoption of emergency rules and the
12provisions of Sections 5-115 and 5-125 do not apply to rules
13adopted under this subsection (g). The adoption of emergency
14rules authorized by this subsection (g) shall be deemed to be
15necessary for the public interest, safety, and welfare.
16    (h) In order to provide for the expeditious and timely
17implementation of the State's fiscal year 2003 budget,
18emergency rules to implement any provision of Public Act 92-597
19this amendatory Act of the 92nd General Assembly or any other
20budget initiative for fiscal year 2003 may be adopted in
21accordance with this Section by the agency charged with
22administering that provision or initiative, except that the
2324-month limitation on the adoption of emergency rules and the
24provisions of Sections 5-115 and 5-125 do not apply to rules
25adopted under this subsection (h). The adoption of emergency
26rules authorized by this subsection (h) shall be deemed to be

 

 

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1necessary for the public interest, safety, and welfare.
2    (i) In order to provide for the expeditious and timely
3implementation of the State's fiscal year 2004 budget,
4emergency rules to implement any provision of Public Act 93-20
5this amendatory Act of the 93rd General Assembly or any other
6budget initiative for fiscal year 2004 may be adopted in
7accordance with this Section by the agency charged with
8administering that provision or initiative, except that the
924-month limitation on the adoption of emergency rules and the
10provisions of Sections 5-115 and 5-125 do not apply to rules
11adopted under this subsection (i). The adoption of emergency
12rules authorized by this subsection (i) shall be deemed to be
13necessary for the public interest, safety, and welfare.
14    (j) In order to provide for the expeditious and timely
15implementation of the provisions of the State's fiscal year
162005 budget as provided under the Fiscal Year 2005 Budget
17Implementation (Human Services) Act, emergency rules to
18implement any provision of the Fiscal Year 2005 Budget
19Implementation (Human Services) Act may be adopted in
20accordance with this Section by the agency charged with
21administering that provision, except that the 24-month
22limitation 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 (j). The Department of Public Aid
25may also adopt rules under this subsection (j) necessary to
26administer the Illinois Public Aid Code and the Children's

 

 

09900HB1016ham003- 47 -LRB099 04847 RLC 49047 a

1Health Insurance Program Act. The adoption of emergency rules
2authorized by this subsection (j) shall be deemed to be
3necessary for the public interest, safety, and welfare.
4    (k) In order to provide for the expeditious and timely
5implementation of the provisions of the State's fiscal year
62006 budget, emergency rules to implement any provision of
7Public Act 94-48 this amendatory Act of the 94th General
8Assembly or any other budget initiative for fiscal year 2006
9may be adopted in accordance with this Section by the agency
10charged with administering that provision or initiative,
11except that the 24-month limitation on the adoption of
12emergency rules and the provisions of Sections 5-115 and 5-125
13do not apply to rules adopted under this subsection (k). The
14Department of Healthcare and Family Services may also adopt
15rules under this subsection (k) necessary to administer the
16Illinois Public Aid Code, the Senior Citizens and Persons with
17Disabilities Property Tax Relief Act, the Senior Citizens and
18Disabled Persons Prescription Drug Discount Program Act (now
19the Illinois Prescription Drug Discount Program Act), and the
20Children's Health Insurance Program Act. The adoption of
21emergency rules authorized by this subsection (k) shall be
22deemed to be necessary for the public interest, safety, and
23welfare.
24    (l) In order to provide for the expeditious and timely
25implementation of the provisions of the State's fiscal year
262007 budget, the Department of Healthcare and Family Services

 

 

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1may adopt emergency rules during fiscal year 2007, including
2rules effective July 1, 2007, in accordance with this
3subsection to the extent necessary to administer the
4Department's responsibilities with respect to amendments to
5the State plans and Illinois waivers approved by the federal
6Centers for Medicare and Medicaid Services necessitated by the
7requirements of Title XIX and Title XXI of the federal Social
8Security Act. The adoption of emergency rules authorized by
9this subsection (l) shall be deemed to be necessary for the
10public interest, safety, and welfare.
11    (m) In order to provide for the expeditious and timely
12implementation of the provisions of the State's fiscal year
132008 budget, the Department of Healthcare and Family Services
14may adopt emergency rules during fiscal year 2008, including
15rules effective July 1, 2008, in accordance with this
16subsection to the extent necessary to administer the
17Department's responsibilities with respect to amendments to
18the State plans and Illinois waivers approved by the federal
19Centers for Medicare and Medicaid Services necessitated by the
20requirements of Title XIX and Title XXI of the federal Social
21Security Act. The adoption of emergency rules authorized by
22this subsection (m) shall be deemed to be necessary for the
23public interest, safety, and welfare.
24    (n) In order to provide for the expeditious and timely
25implementation of the provisions of the State's fiscal year
262010 budget, emergency rules to implement any provision of

 

 

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1Public Act 96-45 this amendatory Act of the 96th General
2Assembly or any other budget initiative authorized by the 96th
3General Assembly for fiscal year 2010 may be adopted in
4accordance with this Section by the agency charged with
5administering that provision or initiative. The adoption of
6emergency rules authorized by this subsection (n) shall be
7deemed to be necessary for the public interest, safety, and
8welfare. The rulemaking authority granted in this subsection
9(n) shall apply only to rules promulgated during Fiscal Year
102010.
11    (o) In order to provide for the expeditious and timely
12implementation of the provisions of the State's fiscal year
132011 budget, emergency rules to implement any provision of
14Public Act 96-958 this amendatory Act of the 96th General
15Assembly or any other budget initiative authorized by the 96th
16General Assembly for fiscal year 2011 may be adopted in
17accordance with this Section by the agency charged with
18administering that provision or initiative. The adoption of
19emergency rules authorized by this subsection (o) is deemed to
20be necessary for the public interest, safety, and welfare. The
21rulemaking authority granted in this subsection (o) applies
22only to rules promulgated on or after the effective date of
23Public Act 96-958 this amendatory Act of the 96th General
24Assembly through June 30, 2011.
25    (p) In order to provide for the expeditious and timely
26implementation of the provisions of Public Act 97-689,

 

 

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1emergency rules to implement any provision of Public Act 97-689
2may be adopted in accordance with this subsection (p) by the
3agency charged with administering that provision or
4initiative. The 150-day limitation of the effective period of
5emergency rules does not apply to rules adopted under this
6subsection (p), and the effective period may continue through
7June 30, 2013. The 24-month limitation on the adoption of
8emergency rules does not apply to rules adopted under this
9subsection (p). The adoption of emergency rules authorized by
10this subsection (p) is deemed to be necessary for the public
11interest, safety, and welfare.
12    (q) In order to provide for the expeditious and timely
13implementation of the provisions of Articles 7, 8, 9, 11, and
1412 of Public Act 98-104 this amendatory Act of the 98th General
15Assembly, emergency rules to implement any provision of
16Articles 7, 8, 9, 11, and 12 of Public Act 98-104 this
17amendatory Act of the 98th General Assembly may be adopted in
18accordance with this subsection (q) by the agency charged with
19administering that provision or initiative. The 24-month
20limitation on the adoption of emergency rules does not apply to
21rules adopted under this subsection (q). The adoption of
22emergency rules authorized by this subsection (q) is deemed to
23be necessary for the public interest, safety, and welfare.
24    (r) In order to provide for the expeditious and timely
25implementation of the provisions of Public Act 98-651 this
26amendatory Act of the 98th General Assembly, emergency rules to

 

 

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1implement Public Act 98-651 this amendatory Act of the 98th
2General Assembly may be adopted in accordance with this
3subsection (r) by the Department of Healthcare and Family
4Services. The 24-month limitation on the adoption of emergency
5rules does not apply to rules adopted under this subsection
6(r). The adoption of emergency rules authorized by this
7subsection (r) is deemed to be necessary for the public
8interest, safety, and welfare.
9    (s) In order to provide for the expeditious and timely
10implementation of the provisions of Sections 5-5b.1 and 5A-2 of
11the Illinois Public Aid Code, emergency rules to implement any
12provision of Section 5-5b.1 or Section 5A-2 of the Illinois
13Public Aid Code may be adopted in accordance with this
14subsection (s) by the Department of Healthcare and Family
15Services. The rulemaking authority granted in this subsection
16(s) shall apply only to those rules adopted prior to July 1,
172015. Notwithstanding any other provision of this Section, any
18emergency rule adopted under this subsection (s) shall only
19apply to payments made for State fiscal year 2015. The adoption
20of emergency rules authorized by this subsection (s) is deemed
21to be necessary for the public interest, safety, and welfare.
22    (t) In order to provide for the expeditious and timely
23implementation of the provisions of Article II of Public Act
2499-6 this amendatory Act of the 99th General Assembly,
25emergency rules to implement the changes made by Article II of
26Public Act 99-6 this amendatory Act of the 99th General

 

 

09900HB1016ham003- 52 -LRB099 04847 RLC 49047 a

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

 

 

09900HB1016ham003- 53 -LRB099 04847 RLC 49047 a

1Assembly. The adoption of emergency rules authorized by this
2subsection (v) is deemed to be necessary for the public
3interest, safety, and welfare.
4(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13;
598-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16;
699-143, eff. 7-27-15; 99-455, eff. 1-1-16; revised
710-15-15.)".