SB1760 98TH GENERAL ASSEMBLY

LRB098 09849 RLC 40005 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1760

Introduced 2/15/2013, by Sen. Dale A. Righter

SYNOPSIS AS INTRODUCED:

430 ILCS 65/5

from Ch. 38, par. 83-5

Amends the Firearm Owners Identification Card Act. Provides that if the Department of State Police fails to either approve or deny an application for a Firearm Owner's Identification Card within 30 days from the date it is received, the applicant may file, in the circuit court of the judicial circuit in which the applicant resides, a complaint for mandamus to compel a decision on the application. Provides that if the applicant prevails, he or she shall be entitled to all costs, fees, and damages. Provides that the applicant shall also be entitled to punitive damages of $1,000 per day commencing on the 31st day that the application has not been approved. Provides that for the purposes of this Act, the Department shall be considered to have received an application when either the Department or anyone acting as its agent or on its behalf receives a completed application with the required fee.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning safety.

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

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

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

Sec. 5.

(a) The Department of State Police shall either approve or deny all applications within 30 days from the date they are received, and every applicant found qualified pursuant to Section 8 of this Act by the Department shall be entitled to a Firearm Owner's Identification Card upon the payment of a $10 fee. Any applicant who is an active duty member of the Armed Forces of the United States, a member of the Illinois National Guard, or a member of the Reserve Forces of the United States is exempt from the application fee. $6 of each fee derived from the issuance of Firearm Owner's Identification Cards, or renewals thereof, shall be deposited in the Wildlife and Fish Fund in the State Treasury; $1 of such fee shall be deposited in the State Police Services Fund and $3 of such fee shall be deposited in the Firearm Owner's Notification Fund. Monies in the Firearm Owner's Notification Fund shall be used exclusively to pay for the cost of sending notices of expiration of Firearm Owner's Identification Cards under Section 13.2 of this Act. Excess monies in the Firearm Owner's Notification Fund shall be used to ensure the prompt and efficient processing of applications received under Section 4 of this Act.

(b) If the Department fails to either approve or deny the application within the 30 days, the applicant may file, in the circuit court of the judicial circuit in which the applicant resides, a complaint for mandamus to compel a decision on the application. If the applicant prevails, he or she shall be entitled to all costs, fees, and damages. The applicant shall also be entitled to punitive damages of $1,000 per day commencing on the 31st day that the application has not been approved. For the purposes of this Act, the Department shall be considered to have received an application when either the Department or anyone acting as its agent or on its behalf receives a completed application with the required fee.

(Source: P.A. 95-581, eff. 6-1-08; 96-91, eff. 7-27-09.)