Bill Status of SB0337  100th General Assembly


Short Description:  GUN DEALER LICENSING-VARIOUS

Senate Sponsors
Sen. Don Harmon - Iris Y. Martinez - John J. Cullerton - Jacqueline Y. Collins - Julie A. Morrison, Ira I. Silverstein, Patricia Van Pelt, Cristina Castro, David Koehler, Chris Nybo, Elgie R. Sims, Jr., Heather A. Steans, Omar Aquino, John F. Curran, Laura M. Murphy, Toi W. Hutchinson, Mattie Hunter, Kimberly A. Lightford, Daniel Biss, Kwame Raoul and Antonio Muñoz

House Sponsors
(Rep. Kathleen Willis - David S. Olsen - Jonathan Carroll - Steven A. Andersson - Camille Y. Lilly, Michelle Mussman, Sonya M. Harper, Justin Slaughter, Robyn Gabel, Deb Conroy, Theresa Mah, Michael J. Zalewski, Ann M. Williams, Anna Moeller, William Davis, Emanuel Chris Welch, Kelly M. Burke, Elizabeth Hernandez, Robert Martwick, Marcus C. Evans, Jr., John C. D'Amico, Kelly M. Cassidy, Jaime M. Andrade, Jr., Silvana Tabares, Christian L. Mitchell, Laura Fine, John Connor, Martin J. Moylan, Juliana Stratton, Luis Arroyo, André Thapedi, Will Guzzardi and Barbara Flynn Currie)

Last Action
DateChamber Action
  5/30/2018SenateSenate Concurs

Statutes Amended In Order of Appearance
225 ILCS 10/4.4from Ch. 23, par. 2214.4


Synopsis As Introduced
Amends the Child Care Act of 1969. Makes a technical change in a Section concerning background investigations.

Senate Floor Amendment No. 1
Deletes reference to:
225 ILCS 10/4.4
Adds reference to:
100SB1657eng, Sec. 35
100SB1657eng, Sec. 70
100SB1657eng, Sec. 150

Replaces everything after the enacting clause. Provides if and only if Senate Bill 1657 of the 100th General Assembly becomes law in the form in which it passed the Senate on April 27, 2017, then the Gun Dealer Licensing Act is amended by changing the effective date of the requirement that a licensee who operates the business at a permanent physical location open to the public equip the business with a video surveillance system to monitor the critical areas of the business premises, including, but not limited to, all places where firearms are stored, handled, sold, transferred, or carried, to January 1, 2021. Provides a video surveillance system of the licensee's business premises may not be installed in a bathroom and may not monitor the bathrooms located in the business premises. Provides the expiration date and renewal period for each gun dealer and dealership license shall be 5 years and the application fee or renewal fee for a license shall not exceed $1,000 for the 5-year period. Effective upon Senate Bill 1657 of the 100th General Assembly becoming law.

Senate Floor Amendment No. 2
Deletes reference to:
100SB1657eng, Sec. 35
100SB1657eng, Sec. 70
100SB1657eng, Sec. 150
Adds reference to:
New Act
5 ILCS 80/4.39 new
5 ILCS 100/5-45from Ch. 127, par. 1005-45

Replaces everything after the enacting clause. Creates the Gun Dealer Licensing Act. Provides that it is unlawful for a person to engage in the business of selling, leasing, or otherwise transferring firearms without a license issued by the Department of Financial and Professional Regulation. Provides that a dealership agent other than a dealer licensee-in-charge may act on behalf of the licensed dealership without being licensed as a dealer under the Act. Creates the Gun Dealer Licensing Board consisting of 5 members appointed by the Secretary of Financial and Professional Regulation to recommend policies, procedures, and rules relevant to the administration and enforcement of the Act. Provides that the holder of a dealership license issued under the Act may employ in the conduct of his or her business dealership agents. Establishes qualifications for obtaining dealership licenses and for being employed as a dealership agent. Establishes penalties for violations of the Act. Provides for rulemaking, including emergency rulemaking. Amends the Regulatory Sunset Act. Provides that the Act is repealed on January 1, 2028. Amends the Illinois Administrative Procedure Act. Makes conforming changes.

Senate Floor Amendment No. 3
Deletes reference to:
5 ILCS 80/4.39 new
5 ILCS 100/10-45
430 ILCS 65/3from Ch. 38, par. 83-3
Adds reference to:
New Act
430 ILCS 65/3from Ch. 38, par. 83-3

Replaces everything after the enacting clause. Creates the Combating Illegal Gun Trafficking Act. Creates the Firearm Dealer License Certification Act. Provides that each Federal Firearms Licensee shall file with the Department of State Police a copy of its license, together with a sworn affidavit indicating that the license presented is in fact its license and that the license is valid. Provides that upon receipt and review by the Department, the Department shall issue a certificate of license to the licensee, allowing the licensee to conduct business within the State. Establishes qualifications of certified licensees. Provides that on or before January 2, 2021, each certified licensee operating a retail location in the State must maintain a video security system and shall maintain video surveillance of critical areas of the business premises, including, but not limited to, all places where firearms are stored, handled, sold, transferred, or carried, and each entrance and exit. Provides that on or before January 2, 2020, each certified licensee maintaining an inventory of firearms for sale or transfer must be connected to an alarm monitoring system or service that will notify local law enforcement of an unauthorized intrusion into the premises of the licensee where the firearm inventory is maintained. Provides that each certification shall be valid for the term of the Federal Firearms License being certified. Requires licensees to certify each new or renewed Federal Firearms License. Provides that the Department shall set and collect a fee for each licensee certified under this Act. Provides that the fee may not exceed $300 for a certified licensee operating without a retail location. The fee may not exceed $1,500 for any certified licensee operating with a retail location. Provides that any person within this State who transfers or causes to be transferred, by private sale, any firearm, stun gun, or taser shall keep a record of the transfer for a period of 10 years from the date of transfer. Creates the Gun Trafficking Information Act. Provides that the Department of State Police shall use all reasonable efforts in making publicly available, on a regular and ongoing basis, key information related to firearms used in the commission of crimes in this State, including, but not limited to: reports on crimes committed with firearms, locations where the crimes occurred, the number of persons killed or injured in the commission of the crimes, the state where the firearms used originated, the licensee that sold the firearm, and the type of firearms used. Provides that the Department shall study, on a regular and ongoing basis, and compile reports on the number of Firearm Owner's Identification Card checks to determine firearms trafficking or straw purchase patterns. Provides that the Department shall, to the extent not inconsistent with law, share such reports and underlying data with academic centers, foundations, and law enforcement agencies studying firearms trafficking; provided that personally identifying information is protected. provides that for purposes of this provision, a Firearm Owner's Identification Card number is not personally identifying information, provided that no other personal information of the card holder is attached to the record. Provides that the Department shall make the information available on its website, in addition to electronically filing a report with the Governor and the General Assembly. Provides that each department, office, division, and agency of this State shall, to the extent not inconsistent with law, cooperate fully with the Department and furnish the Department with all relevant information and assistance on a timely basis as is necessary to accomplish the purpose of the Act. Provides that the Illinois Criminal Justice Information Authority shall submit the information required by the Act to the Department of State Police, as requested by the Department, to assist the Department in carrying out its duties under this Act. Amends the Firearm Owners Identification Card Act to make conforming changes. Provides that the provisions of the Act are severable.

Senate Floor Amendment No. 4
Adds reference to:
30 ILCS 105/5.886 new

Provides that the Department of State Police may consider the revocation or suspension within the context of the conduct of the certified licensee within this State, the number of retail locations the certified licensee or any related person or entity operates in this State or in other states, under the same or different business names, and the severity of the infraction leading to revocation or suspension. Provides that the Department shall consider the number of retail locations operated by the certified licensee in this State, under the same or different business names, and shall set fees appropriate for certifying multiple licenses operated by the certified licensee. Provides that all fees and fines collected under the Firearm Dealer License Certification Act shall be deposited in the Firearm Dealer License Certification Fund which is created in the State treasury. Provides that moneys in the Fund shall be used for implementation and administration of the Firearm Dealer License Certification Act. Provides that the Department shall require of an applicant for certification all trade, business, or assumed names used by the certified licensee by and under which the certified licensee sells, transfers, or facilitates transfers of firearms. Provides that in the amendatory changes to the Firearm Owners Identification Card Act, the penalty for failure to maintain the transfer records in accordance with the Act applies for transfers of a firearm, stun gun, or taser made on or after the effective date of the amendatory Act. Amends the State Finance Act to make a conforming change.

House Floor Amendment No. 1
Provides that the Department may by rule create a process for checking the validity of the license, in lieu of requiring an affidavit. Provides that if the Department does not issue the certificate within 30 days, the licensee shall operate as if a certificate has been granted unless and until a denial is issued by the Department. Provides that a civil penalty or fine shall be paid within 90 (rather than 60) days after the effective date of the order imposing it. Provides that if an owner, employee, or other agent of the certified licensee is not otherwise a resident of this State, the certified licensee shall submit an affidavit stating that the owner, employee, or other agent has undergone a background check and is not prohibited from owning or possessing firearms. Provides that if a certified licensee has a license, certificate, or permit to sell, lease, transfer, purchase, or possess firearms issued by the federal government or the government of any state revoked or suspended for good cause within the preceding 4 years, the Department may consider revoking or suspending the certified licenses in this State. Provides that in making a determination of whether or not to revoke or suspend a certified license in this State, the Department shall consider the number of retail locations the certified licensee or any related person or entity operates in this State or in other states under the same or different business names, and the severity of the infraction in the state in which a license was revoked or suspended. Provides that if the Department issues a subpoena of a licensee, the licensee may file an emergency motion with the Director of State Police or a hearing officer authorized by the Department to quash a subpoena issued by the Department. If the Director or hearing officer determines that the subpoena was issued without good cause, the Director or hearing officer may quash the subpoena. Deletes provision that a licensee must maintain video surveillance of all areas that a firearm is carried. Provides that if a video security system is deemed inadequate by the Department, the licensee shall have 30 days to correct the inadequacy. Provides that the Department shall submit to the licensee a written statement describing the specific inadequacies. Provides that the Department may not charge a certified licensee in this State, operating under the same or different business name, fees exceeding $40,000 for the certification of multiple licenses. Provides that nothing in the Firearm Dealer License Certification Act shall be construed to interfere with any federal agency or any federal agency investigation. Provides that all Department rules adopted under the Act shall comply with federal law. Provides that the Department may as necessary coordinate efforts with relevant State and federal law enforcement agencies to enforce the Act. Provides that the requirement for a Federal Firearms Licensee to obtain certification begins 180 days (rather than 90 days) after the effective date of the Act. Makes other changes. Amends the Firearm Owners Identification Card Act to provide that private sellers of firearms, stun guns, or tasers who do not maintain transfer records in accordance with the Act shall not be criminally liable under the Act, provided that he or she provides the Department of State Police with the transfer records in accordance with procedures established by the Department. Provides that the Department shall establish, by rule, a standard form on its website.

Actions 
DateChamber Action
  1/24/2017SenateFiled with Secretary by Sen. John J. Cullerton
  1/24/2017SenateFirst Reading
  1/24/2017SenateReferred to Assignments
  3/9/2017SenateAssigned to Executive
  3/16/2017SenateDo Pass Executive; 014-000-000
  3/16/2017SenatePlaced on Calendar Order of 2nd Reading March 28, 2017
  3/28/2017SenateSecond Reading
  3/28/2017SenatePlaced on Calendar Order of 3rd Reading March 29, 2017
  4/25/2017SenateRe-referred to Assignments
  2/6/2018SenateApproved for Consideration Assignments
  2/6/2018SenatePlaced on Calendar Order of 3rd Reading February 7, 2018
  2/20/2018SenateChief Sponsor Changed to Sen. Don Harmon
  2/21/2018SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Don Harmon
  2/21/2018SenateSenate Floor Amendment No. 1 Referred to Assignments
  2/21/2018SenateAdded as Co-Sponsor Sen. Ira I. Silverstein
  2/21/2018SenateAdded as Chief Co-Sponsor Sen. Kwame Raoul
  2/21/2018SenateSenate Floor Amendment No. 1 Assignments Refers to Executive
  2/21/2018SenateSenate Floor Amendment No. 1 Recommend Do Adopt Executive; 011-005-000
  2/22/2018SenateRecalled to Second Reading
  2/22/2018SenateSenate Floor Amendment No. 1 Adopted; Harmon
  2/22/2018SenatePlaced on Calendar Order of 3rd Reading February 27, 2018
  2/22/2018SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins
  2/26/2018SenateAdded as Chief Co-Sponsor Sen. Iris Y. Martinez
  3/1/2018SenateAdded as Co-Sponsor Sen. Patricia Van Pelt
  4/25/2018SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Don Harmon
  4/25/2018SenateSenate Floor Amendment No. 2 Referred to Assignments
  4/27/2018SenateRule 2-10 Third Reading Deadline Established As May 3, 2018
  5/1/2018SenateSenate Floor Amendment No. 2 Assignments Refers to Judiciary
  5/2/2018SenateSenate Floor Amendment No. 2 Recommend Do Adopt Judiciary; 007-005-000
  5/2/2018SenateRecalled to Second Reading
  5/2/2018SenateSenate Floor Amendment No. 2 Adopted; Harmon
  5/2/2018SenatePlaced on Calendar Order of 3rd Reading May 3, 2018
  5/2/2018SenateAdded as Co-Sponsor Sen. Cristina Castro
  5/3/2018SenateRule 3-9(a) / Re-referred to Assignments
  5/9/2018SenateRule 2-10 Third Reading Deadline Established As May 11, 2018
  5/9/2018SenateApproved for Consideration Assignments
  5/9/2018SenatePlaced on Calendar Order of 3rd Reading May 10, 2018
  5/11/2018SenateRule 2-10 Third Reading Deadline Established As May 31, 2018
  5/15/2018SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Don Harmon
  5/15/2018SenateSenate Floor Amendment No. 3 Referred to Assignments
  5/15/2018SenateAdded as Co-Sponsor Sen. David Koehler
  5/15/2018SenateSenate Floor Amendment No. 3 Assignments Refers to Judiciary
  5/15/2018SenateAdded as Chief Co-Sponsor Sen. Julie A. Morrison
  5/15/2018SenateAdded as Co-Sponsor Sen. Chris Nybo
  5/15/2018SenateCo-Sponsor Sen. Elgie R. Sims, Jr.
  5/16/2018SenateSenate Floor Amendment No. 3 Recommend Do Adopt Judiciary; 008-003-000
  5/16/2018SenateSenate Floor Amendment No. 4 Filed with Secretary by Sen. Don Harmon
  5/16/2018SenateSenate Floor Amendment No. 4 Referred to Assignments
  5/16/2018SenateAdded as Co-Sponsor Sen. Heather A. Steans
  5/16/2018SenateAdded as Co-Sponsor Sen. Omar Aquino
  5/16/2018SenateAdded as Co-Sponsor Sen. John F. Curran
  5/16/2018SenateSenate Floor Amendment No. 4 Be Approved for Consideration Assignments
  5/16/2018SenateAdded as Co-Sponsor Sen. Laura M. Murphy
  5/16/2018SenateRecalled to Second Reading
  5/16/2018SenateSenate Floor Amendment No. 3 Adopted; Harmon
  5/16/2018SenateSenate Floor Amendment No. 4 Adopted; Harmon
  5/16/2018SenatePlaced on Calendar Order of 3rd Reading
  5/16/2018SenateThird Reading - Passed; 035-018-002
  5/16/2018SenateAdded as Co-Sponsor Sen. Toi W. Hutchinson
  5/16/2018SenateAdded as Co-Sponsor Sen. Mattie Hunter
  5/16/2018HouseArrived in House
  5/16/2018HouseChief House Sponsor Rep. Kathleen Willis
  5/17/2018SenateAdded as Co-Sponsor Sen. Kimberly A. Lightford
  5/17/2018HouseAdded Alternate Co-Sponsor Rep. Michelle Mussman
  5/17/2018HouseAdded Alternate Co-Sponsor Rep. John Connor
  5/17/2018HouseAdded Alternate Chief Co-Sponsor Rep. Laura Fine
  5/17/2018HouseAlternate Co-Sponsor Removed Rep. John Connor
  5/17/2018HouseAdded Alternate Chief Co-Sponsor Rep. Juliana Stratton
  5/17/2018HouseAdded Alternate Chief Co-Sponsor Rep. Jonathan Carroll
  5/17/2018HouseAdded Alternate Chief Co-Sponsor Rep. John Connor
  5/17/2018HouseAdded Alternate Co-Sponsor Rep. Sonya M. Harper
  5/17/2018HouseAdded Alternate Co-Sponsor Rep. Justin Slaughter
  5/17/2018HouseAdded Alternate Co-Sponsor Rep. Robyn Gabel
  5/17/2018HouseAdded Alternate Co-Sponsor Rep. Deb Conroy
  5/17/2018HouseAdded Alternate Co-Sponsor Rep. Theresa Mah
  5/17/2018HouseAdded Alternate Co-Sponsor Rep. Michael J. Zalewski
  5/17/2018HouseAdded Alternate Co-Sponsor Rep. Ann M. Williams
  5/17/2018HouseAdded Alternate Co-Sponsor Rep. Anna Moeller
  5/17/2018HouseAdded Alternate Co-Sponsor Rep. William Davis
  5/17/2018HouseAdded Alternate Co-Sponsor Rep. Emanuel Chris Welch
  5/17/2018HouseAdded Alternate Co-Sponsor Rep. Kelly M. Burke
  5/17/2018HouseAdded Alternate Co-Sponsor Rep. Elizabeth Hernandez
  5/17/2018HouseAdded Alternate Co-Sponsor Rep. Robert Martwick
  5/17/2018HouseAdded Alternate Co-Sponsor Rep. Marcus C. Evans, Jr.
  5/17/2018HouseAdded Alternate Co-Sponsor Rep. Steven A. Andersson
  5/17/2018HouseAdded Alternate Co-Sponsor Rep. David S. Olsen
  5/17/2018HouseFirst Reading
  5/17/2018HouseReferred to Rules Committee
  5/18/2018HouseAdded Alternate Co-Sponsor Rep. John C. D'Amico
  5/18/2018HouseAdded Alternate Co-Sponsor Rep. Kelly M. Cassidy
  5/18/2018HouseAdded Alternate Co-Sponsor Rep. Jaime M. Andrade, Jr.
  5/18/2018HouseAssigned to Judiciary - Criminal Committee
  5/18/2018HouseFinal Action Deadline Extended-9(b) May 25, 2018
  5/21/2018HouseAlternate Chief Co-Sponsor Removed Rep. Laura Fine
  5/21/2018HouseAlternate Chief Co-Sponsor Removed Rep. John Connor
  5/21/2018HouseAdded Alternate Chief Co-Sponsor Rep. David S. Olsen
  5/21/2018HouseAlternate Co-Sponsor Removed Rep. David S. Olsen
  5/21/2018HouseAdded Alternate Chief Co-Sponsor Rep. Steven A. Andersson
  5/21/2018HouseAlternate Co-Sponsor Removed Rep. Steven A. Andersson
  5/21/2018HouseAdded Alternate Co-Sponsor Rep. Silvana Tabares
  5/21/2018HouseAdded Alternate Co-Sponsor Rep. Christian L. Mitchell
  5/21/2018HouseAdded Alternate Co-Sponsor Rep. Laura Fine
  5/21/2018HouseAdded Alternate Co-Sponsor Rep. John Connor
  5/22/2018HouseAdded Alternate Co-Sponsor Rep. Martin J. Moylan
  5/22/2018HouseAdded Alternate Co-Sponsor Rep. Camille Y. Lilly
  5/23/2018HouseAlternate Chief Co-Sponsor Removed Rep. Juliana Stratton
  5/23/2018HouseAdded Alternate Chief Co-Sponsor Rep. Camille Y. Lilly
  5/23/2018HouseAlternate Co-Sponsor Removed Rep. Camille Y. Lilly
  5/23/2018HouseAdded Alternate Co-Sponsor Rep. Juliana Stratton
  5/23/2018HouseAdded Alternate Co-Sponsor Rep. Luis Arroyo
  5/23/2018HouseAdded Alternate Co-Sponsor Rep. André Thapedi
  5/23/2018HouseAdded Alternate Co-Sponsor Rep. Will Guzzardi
  5/24/2018HouseDo Pass / Short Debate Judiciary - Criminal Committee; 008-003-000
  5/24/2018HousePlaced on Calendar 2nd Reading - Short Debate
  5/24/2018HouseSecond Reading - Short Debate
  5/24/2018HouseHeld on Calendar Order of Second Reading - Short Debate
  5/25/2018HouseFinal Action Deadline Extended-9(b) May 31, 2018
  5/25/2018HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Kathleen Willis
  5/25/2018HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  5/28/2018HouseHouse Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 004-000-000
  5/28/2018HouseAdded Alternate Co-Sponsor Rep. Barbara Flynn Currie
  5/28/2018HouseHouse Floor Amendment No. 1 Adopted
  5/28/2018HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/29/2018HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Kathleen Willis
  5/29/2018HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  5/29/2018HouseRemoved from Short Debate Status
  5/29/2018HousePlaced on Calendar Order of 3rd Reading - Standard Debate
  5/29/2018HouseRemoved from Standard Debate Status
  5/29/2018HousePlaced on Calendar Order of 3rd Reading - Unlimited Debate
  5/29/2018HouseMotion - Move to Previous Question Rep. Chad Hays
  5/29/2018HouseMotion Prevailed
  5/29/2018HouseThird Reading - Unlimited Debate - Passed 065-049-000
  5/29/2018HouseHouse Floor Amendment No. 2 Tabled Pursuant to Rule 40
  5/29/2018SenateSecretary's Desk - Concurrence House Amendment(s) 1
  5/29/2018SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1 - May 30, 2018
  5/29/2018SenateHouse Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. Don Harmon
  5/29/2018SenateHouse Floor Amendment No. 1 Motion to Concur Referred to Assignments
  5/30/2018SenateAdded as Co-Sponsor Sen. Daniel Biss
  5/30/2018SenateHouse Floor Amendment No. 1 Motion to Concur Assignments Referred to Executive
  5/30/2018SenateHouse Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Executive; 012-003-001
  5/30/2018SenateHouse Floor Amendment No. 1 Senate Concurs 035-020-000
  5/30/2018SenateSenate Concurs
  5/31/2018SenateAdded as Chief Co-Sponsor Sen. John J. Cullerton
  5/31/2018SenateAdded as Co-Sponsor Sen. Kwame Raoul
  5/31/2018SenateMotion Filed to Reconsider Vote Sen. John J. Cullerton
  6/15/2018SenateAdded as Co-Sponsor Sen. Antonio Muñoz