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Full Text of HB1016  99th General Assembly

HB1016ham008 99TH GENERAL ASSEMBLY

Rep. Kathleen Willis

Filed: 11/23/2016

 

 


 

 


 
09900HB1016ham008LRB099 04847 RLC 51712 a

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 or any
8person within the meanings provided by 18 U.S.C. 921(a)(11) and
927 CFR 478.11 to include any person engaged in the business of
10selling firearms at wholesale or retail, or repairing firearms
11or making or fitting special barrels, stocks, or trigger
12mechanisms to firearms.
13    "Dealership" means a person, firm, corporation, or other
14legal entity that engages in the business of selling, leasing,
15or otherwise transferring firearms and employs, in addition to
16the gun dealer licensee-in-charge, at least one other
17dealership agent.
18    "Dealership agent" means an owner, officer, paid or unpaid
19agent, volunteer or employee of a licensed dealership who has
20access to or control of firearms in the inventory of the
21dealership or confidential or security information of the
22dealership.
23    "Dealership licensee-in-charge" or "licensee-in-charge"
24means a dealer who has been designated by a dealership to be
25the licensee-in-charge of the dealership, who is a full-time
26management employee or owner who assumes sole responsibility

 

 

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1for maintaining all records required by this Act, and who
2assumes sole responsibility for assuring the dealership's
3compliance with its responsibilities as stated in this Act. The
4Department shall adopt rules mandating licensee-in-charge
5participation in dealership affairs.
6    "Department" means the Department of Financial and
7Professional Regulation.
8    "Engaged in the business" means a person who, as provided
9in 18 U.S.C. 921(a)(21) and 27 CFR 478.11(a), devotes time,
10attention, and labor to engaging in such activity as a regular
11course of trade or business with the principal objective of
12livelihood and profit, or who:
13        (1) conducts a business selling, leasing, or
14    transferring firearms;
15        (2) holds himself or herself out as engaged in the
16    business of selling, leasing, or otherwise transferring
17    firearms; or
18        (3) sells, leases, or transfers firearms in quantity,
19    in series, or in any other manner indicative of trade.
20    "Gunsmith" means, as defined in 27 CFR 478.11(d), any
21person who receives firearms (frames, receivers, or otherwise)
22provided by a customer for the purpose of repairing, modifying,
23embellishing, refurbishing, or installing parts in or on those
24firearms. A gunsmith is not "engaged in the business" of
25manufacturing firearms because the firearms being produced are
26not owned by the gunsmith and he does not sell or distribute

 

 

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1the firearms manufactured.
2    "Firearm" has the same meaning as "firearm" in Section 1.1
3of the Firearm Owners Identification Card Act.
4    "Licensee" means a dealer or a dealership licensed under
5this Act. Anyone who holds himself or herself out as a licensee
6or who is accused of unlicensed business is considered a
7licensee for purposes of enforcement, investigation, hearings,
8and the Illinois Administrative Procedure Act.
9    "Manufacturer" means, as defined by 18 U.S.C. 921 (a)(10)
10and 27 CFR 478.11, any person engaged in the business of
11manufacturing firearms or ammunition for purposes of sale or
12distribution.
13    "Person" means a natural person.
14    "Secretary" means the Secretary of Financial and
15Professional Regulation.
 
16    Section 10. License requirement.
17    (a) It is unlawful for a person to engage in the business
18of selling, leasing, or otherwise transferring firearms
19without a license under this Act. A dealership agent other than
20a dealer licensee-in-charge may act on behalf of the licensed
21dealership under Section 75 without being licensed as a dealer
22under this Act.
23    (b) It is unlawful for a person, firm, corporation, group
24of individuals, or other legal entity to act as a dealership
25licensed under this Act, to advertise, or to assume to act as a

 

 

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1licensed dealership or to use a title implying that the person,
2firm, or other entity is engaged in business as a dealership
3without a license under this Act. An individual or sole
4proprietor licensed as a dealer who operates without any
5dealership agents may act as a dealership without having to
6obtain a dealership license, provided the dealer notifies the
7Department that he or she is operating in this manner and
8provides the information required under Section 65, as
9determined to be applicable to the dealer by the Department.
10The dealer may operate under a "doing business as" or assumed
11name certification so long as the assumed name is first
12registered with the Department.
13    (c) No dealership shall operate a branch office without
14first applying for and receiving a branch office license for
15each location. The term "branch office" does not include a
16location at which the dealership conducts business
17temporarily, such as at a gun show.
18    (d) It is unlawful to obtain or attempt to obtain any
19license or authorization issued under this Act by fraudulent
20misrepresentation.
21    (e) A person who violates any provision of this Section is
22guilty of a Class A misdemeanor for a first violation, and a
23Class 4 felony for a second or subsequent violation.
24    (f) In addition to any other penalty provided by law, any
25person or entity who violates any provision of this Section
26shall pay a civil penalty to the Department in an amount not to

 

 

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1exceed $10,000 for each offense as determined by the
2Department. The civil penalty shall be assessed by the
3Department after a hearing is held in accordance with the
4provisions set forth in this Act regarding the provision of a
5hearing for the discipline of a licensee.
6    (g) The Department has the authority and power to
7investigate any and all unlicensed activity.
8    (h) The civil penalty shall be paid within 60 days after
9the effective date of the order imposing the civil penalty. The
10order shall constitute a judgment and may be filed and
11execution had thereon in the same manner as any judgment from
12any court of record.
 
13    Section 15. Exemptions. The provisions of this Act related
14to the licensure of dealers and dealerships do not apply to a
15person or other entity that engages in the following
16activities:
17    (1) transfers of less than 10 firearms within each calendar
18year;
19    (2) temporary transfers of firearms solely for use at the
20location or on the premises where the transfer takes place,
21such as transfers at a shooting range for use at that location;
22    (3) temporary transfers of firearms solely for use while in
23the presence of the transferor, such as transfers for the
24purposes of firearm safety training by a training instructor;
25    (4) transfers of firearms among immediate family or

 

 

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1household members, as "immediate family or household member" is
2defined in Section 3-2.7-10 of the Unified Code of Corrections;
3    (5) transfers by persons or entities acting under operation
4of law or a court order;
5    (6) transfers by persons or entities liquidating all or
6part of a collection. For purposes of this paragraph (6),
7"collection" means 2 or more firearms which are of special
8interest to collectors by reason of some quality other than is
9associated with firearms intended for sporting use or as
10offensive or defensive weapons;
11    (7) transfers of firearms that have been rendered
12permanently inoperable to a nonprofit historical society,
13museum, or institutional collection;
14    (8) transfers by a law enforcement or corrections agency or
15a law enforcement or corrections officer acting within the
16course and scope of his or her official duties;
17    (9) transfers by a person who has his or her Firearm
18Owner's Identification Card revoked to a State or local law
19enforcement agency;
20    (10) transfers of curios and relics, as defined under
21federal law, between collectors licensed under subsection (b)
22of Section 923 of the federal Gun Control Act of 1968;
23    (11) transfers of firearms by a store in which 20% or less
24of that store's annual sales is from the sale of firearms;
25    (12) transfers by a person or entity who is licensed as a
26manufacturer of firearms under Section 923 of Title 18 of the

 

 

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1United States Code to a person or entity who is licensed as a
2dealer or dealership under this Act, or to a person or entity
3who is licensed as a manufacturer, dealer, or importer of
4firearms under Section 923 of Title 18 of the United States
5Code; or
6    (13) transfers of pieces or parts of a firearm that do not
7themselves qualify as firearms under paragraph (3) of
8subsection (a) of Section 921 of the federal Gun Control Act of
91968 by a person who is actually engaged in manufacturing and
10selling those pieces or parts but only on the activities which
11are within the lawful scope of that business, and who possesses
12a license as a manufacturer under subsection (a) of Section 923
13of the federal Gun Control Act of 1968.
 
14    Section 20. Powers and duties of the Department. Subject to
15the provisions of this Act, the Department shall exercise the
16following powers and duties:
17        (1) Prescribe forms to be issued for the administration
18    and enforcement of this Act.
19        (2) Prescribe and publish rules for issuance of dealer
20    licenses and dealership licenses authorizing qualified
21    applicants to engage in the business of selling, leasing,
22    or otherwise transferring firearms.
23        (3) Review application to ascertain the qualifications
24    of applicants for licenses.
25        (4) Examine the records of licensees or investigate any

 

 

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1    other aspect of the business of selling, leasing, or
2    otherwise transferring firearms.
3        (5) Conduct hearings on proceedings to refuse to issue
4    or renew licenses or to revoke, suspend, place on
5    probation, reprimand, or take any other disciplinary or
6    non-disciplinary action against licenses issued under this
7    Act.
8        (6) Formulate rules required for the administration of
9    this Act. Notice of proposed rulemaking shall be
10    transmitted to the Board, and the Department shall review
11    the Board's response and any recommendations made in the
12    response.
13        (7) Solicit the advice and expert knowledge of the
14    Board on any matter relating to the administration and
15    enforcement of this Act.
16        (8) Maintain rosters of the names and addresses of all
17    licensees and all persons whose licenses have been
18    suspended, revoked, denied renewal, or otherwise
19    disciplined within the previous calendar year. These
20    rosters shall be available upon written request and payment
21    of the required fee as established by rule.
22        (9) Exercise the powers and duties prescribed by the
23    Civil Administrative Code of Illinois for the
24    administration of licensing Acts.
25        (10) Contract with the Department of State Police, as
26    necessary, to perform inspections of licensees, as

 

 

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1    provided under this Act.
 
2    Section 25. The Gun Dealer Licensing Board.
3    (a) The Gun Dealer Licensing Board shall consist of 5
4members to be appointed by the Secretary. Each member shall
5have a reasonable knowledge of the federal and State laws
6regarding firearms. Each member shall either be a resident of
7this State or shall certify that he or she will become a
8resident of this State before taking office. The Board shall
9consist of:
10        (1) one member with at least 5 years of service as a
11    county sheriff or chief of police of a municipal police
12    department within this State;
13        (2) one representative of the Department State Police
14    with at least 5 years investigative experience or duties
15    related to criminal justice;
16        (3) one member with at least 5 years of experience as a
17    federally licensed firearms dealer in good standing within
18    this State;
19        (4) one member who is a representative of an advocacy
20    group for public safety; and
21        (5) one member shall be a lawyer licensed to practice
22    law in this State. The membership shall reasonably reflect
23    the different geographic areas in this State.
24    (b) Members shall serve 4 year terms and may serve until
25their successors are appointed and qualified. Partial terms of

 

 

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1over 2 years in length shall be considered full terms. No
2member shall serve for more than 2 successive terms. Whenever a
3vacancy in the Board occurs, the remaining members of the Board
4shall notify the Secretary of that vacancy within 5 days after
5its occurrence and the Secretary shall fill the vacancy within
645 days. Appointments to fill vacancies shall be made in the
7same manner as the original appointments for the unexpired
8portion of the vacated term.
9    (c) The Secretary may recommend the removal of any member
10of the Board for cause at any time before the expiration of his
11or her term. A majority vote of the members is required for a
12decision to remove any member of the Board. A member subject to
13formal disciplinary proceedings shall disqualify himself or
14herself from all Board business until the charge is resolved. A
15member also shall disqualify himself or herself from any matter
16on which the member cannot act objectively.
17    (d) The Board shall annually elect one of its members as
18chairperson and one of its members as vice-chair.
19    (e) Members shall receive compensation as set by law. Each
20member shall receive reimbursement as set by the Governor's
21Travel Control Board for expenses incurred in carrying out the
22duties as a Board member.
23    (f) A majority of Board members constitutes a quorum. A
24majority vote of the members is required for a decision. A
25vacancy in the membership of the Board shall not impair the
26right of a quorum to exercise all of the rights and perform all

 

 

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1of the duties of the Board.
2    (g) The Board may recommend policies, procedures, and rules
3relevant to the administration and enforcement of this Act.
 
4    Section 30. Application for license; forms.
5    (a) Each license application shall be on forms provided by
6the Department.
7    (b) Every application for an original dealer license shall
8include the applicant's social security number, which shall be
9retained in the dealership's records pertaining to the license.
10As soon as practical, the Department shall assign a customer's
11identification number to each applicant for a license.
12    Every application for a renewal or restored license shall
13require the applicant's customer identification number.
14    (c) Beginning January 1, 2018, the Department shall accept
15applications for dealership licenses and dealer licenses.
 
16    Section 35. Issuance of license; renewal; fees.
17    (a) The Department shall, upon the applicant's
18satisfactory completion of the requirements under this Act and
19receipt of the fee, issue the license indicating the name and
20business location of the licensee and the date of expiration.
21On or before December 31, 2018, the Department shall issue
22dealer and dealership licenses to all qualified applicants
23whose business existed in that location on the effective date
24of this Act, and who submitted the application to the

 

 

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1Department on or after January 1, 2018 but before October 1,
22018. If an applicant submits an application for a license
3before October 1, 2018 and the Department does not issue or
4deny the license on or before December 31, 2018, or the
5Department does not issue or deny a license within 90 days to
6an applicant who submits an application for a license or
7renewal of a license on October 1, 2018 or thereafter, the
8applicant or licensee shall not be in violation of this Act on
9the basis of continuing to operate the business.
10    (b) The expiration date, renewal period, and conditions for
11renewal and restoration of each license shall be set by rule.
12The holder may renew the license during the 90 days preceding
13its expiration by paying the required fee and by meeting
14conditions that the Department may specify. As a condition of
15renewal of a dealer's license, the Department shall receive
16from the applicant a copy of his or her valid and unexpired
17concealed carry license, or shall verify the validity of the
18applicant's Firearm Owner's Identification Card through the
19Department of State Police in a manner prescribed by rule by
20the Department of State Police. A dealership or dealer
21operating on an expired license is considered to be practicing
22without a license.
23    (c) A dealership that has permitted a license to expire may
24have it restored by submitting an application to the
25Department, successfully completing an inspection by the
26Department, and by paying the required restoration fee and all

 

 

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

 

 

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1    (f) A license shall not be denied any applicant because of
2the race, religion, creed, national origin, political beliefs
3or activities, age, sex, sexual orientation, or physical
4disability that does not affect a person's ability to practice
5with reasonable judgment, skill, or safety.
 
6    Section 40. Qualifications for licensure as a dealer.
7    (a) A person is qualified for licensure as a dealer if he
8or she meets all of the following requirements:
9        (1) is at least 21 years of age;
10        (2) has a currently valid and unexpired concealed carry
11    license or Firearm Owner's Identification Card. The
12    Department shall verify the validity of the applicant's
13    Firearm Owner's Identification Card through the Department
14    of State Police in a manner prescribed by rule by the
15    Department of State Police. The Department of State Police
16    shall provide the Department with an approval number if the
17    Firearm Owner's Identification Card is currently valid;
18        (3) has not had a license or permit to sell, lease,
19    transfer, purchase, or possess firearms from the federal
20    government or the government of any state or subdivision of
21    any state revoked or suspended for good cause within the
22    preceding 3 years, or been terminated from employment with
23    a licensee or former licensee for good cause within the
24    preceding 3 years;
25        (4) has a minimum of one year of experience, with a

 

 

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

 

 

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

 

 

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1    licensee-in-charge for the dealership.
2        (6) Proof that the applicant has applied for or
3    received a certificate of registration under the
4    Retailers' Occupation Tax Act.
5        (7) From the sheriff of the county in which the
6    business address is located written confirmation stating
7    that, to the best of the sheriff's knowledge, the applicant
8    is in compliance with applicable federal, State, and local
9    laws. A sheriff that refuses to provide this confirmation
10    within 30 days after the date of the application shall
11    instead submit an objection in writing to the Department
12    and the license applicant based upon a reasonable suspicion
13    that the applicant is not in compliance with applicable
14    federal, State, and local laws. If no written confirmation
15    or objection is made under this paragraph (7) within 30
16    days after the date of the application, the Department
17    shall proceed as if the sheriff had provided confirmation.
18    A municipality or county may impose additional
19    requirements for the operation of gun dealers and
20    dealerships beyond the requirements of this Act and
21    consistent with the United States Constitution and the
22    Constitution of the State of Illinois, including local
23    license requirements. It shall be the duty of local
24    authorities to investigate and enforce any failure of a
25    dealer or dealership to meet these requirements and to
26    notify the Department of these investigations and

 

 

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1    enforcement actions. This paragraph (7) supersedes Section
2    13.1 of the Firearm Owners Identification Card Act and
3    Section 90 of the Firearm Concealed Carry Act as applied to
4    the local regulation of dealers and dealerships.
5        (8) Proof that the dealership is properly licensed as a
6    firearms dealer under federal law.
7        (9) A final inspection report demonstrating that the
8    Department has determined upon inspection that the
9    proposed business premises comply with Section 70.
10    (c) No dealer may be the licensee-in-charge for more than
11one dealership. Upon written request by a representative of a
12dealership, within 10 days after the loss of a
13licensee-in-charge of a dealership because of the death of that
14individual or because of the termination of the employment of
15that individual, the Department shall issue a temporary
16certificate of authority allowing the continuing operation of
17the licensed dealership. No temporary certificate of authority
18shall be valid for more than 90 days. An extension of an
19additional 90 days may be granted upon written request by the
20representative of the dealership. Not more than 2 extensions
21may be granted to any dealership. No temporary permit shall be
22issued for loss of the licensee-in-charge because of
23disciplinary action by the Department related to his or her
24conduct on behalf of the dealership.
25    (d) The Department may request a personal interview of a
26gun dealership licensee-in-charge to evaluate the dealership's

 

 

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1qualifications for a license.
 
2    Section 50. Display of license. Each licensee shall
3prominently display his or her individual, agency, or branch
4office license at each place where business is being conducted,
5as required under this Act. A licensee-in-charge is required to
6post his or her license only at the dealership office.
 
7    Section 55. Requirements; prohibitions.
8    (a) The Department of Financial and Professional
9Regulation shall implement the provisions of this Section by
10rule.
11    (b) A licensee shall maintain operating documents which
12shall include procedures for the oversight of the licensee and
13procedures to ensure accurate recordkeeping.
14    (c) By the date of application, a licensee shall implement
15appropriate security measures, as provided by rule, to deter
16and prevent the theft of firearms and unauthorized entrance
17into areas containing firearms. The rules may provide for:
18        (1) the manner of securing firearms when the location
19    is both open and closed for business;
20        (2) alarm systems for licensees; and
21        (3) other reasonable requirements to deter illegal
22    sales and reduce the risk of burglaries and other crimes or
23    accidents at licensees' business establishments.
24    (d) The area where the licensee stores firearms that are

 

 

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1inventory of the licensee shall only be accessed by dealership
2agents, Department of Financial and Professional Regulation
3staff performing inspections, law enforcement or other
4emergency personnel, and contractors working on jobs unrelated
5to firearms, such as installing or maintaining security devices
6or performing electrical wiring.
7    (e) A licensee shall operate its business and conduct all
8sales and transfers of firearms or in compliance with all
9federal and State laws, and maintain all records as required by
10federal and State laws.
11    (f) A licensee shall not allow any person to handle
12firearms while intoxicated.
13    (g) A licensee shall post in a conspicuous position on the
14premises where the licensee conducts business a sign that
15contains the following warning in block letters not less than
16one inch in height:
17        "With few exceptions, it is unlawful for you to:
18            (1) store or leave an unsecured firearm in a place
19        where a child can obtain access to it,
20            (2) sell or transfer your firearm to someone else
21        without receiving approval for the transfer from the
22        Department of State Police, or
23            (3) fail to report the loss or theft of your
24        firearm to local law enforcement within 72 hours."
25    A licensee shall post any additional warnings or provide
26any other information regarding firearms laws and the safe

 

 

09900HB1016ham008- 22 -LRB099 04847 RLC 51712 a

1storage of firearms to consumers as required by the Department
2by rule.
3    (h) Before issuance, renewal, or restoration of a
4dealership license, the Department shall inspect the premises
5of the proposed business to ensure compliance with this Act.
6Licensees shall have their places of business open for
7inspection by the Department and law enforcement during all
8hours of operation, provided that the Department may conduct no
9more than one unannounced inspection per dealer or dealership
10per year without good cause. Licensees shall make all records,
11documents, and firearms accessible for inspection upon the
12request of law enforcement and the Department.
13    (i) The premises where the licensee conducts business shall
14not be located in any district or area that is within 500 feet
15of any school, pre-school, or day-care facility. This
16subsection (i) does not apply to a licensee whose business
17existed in that location on the effective date of this Act, and
18does not limit the authority of a local government to impose
19and enforce additional limits on the location of a business
20regulated under this Act.
 
21    Section 60. Dealership agent requirements. A licensed
22dealership may employ in the conduct of his or her business
23dealership agents under the following provisions:
24    (1) A dealership shall not knowingly allow a person to have
25unsupervised access to firearms in the inventory of the

 

 

09900HB1016ham008- 23 -LRB099 04847 RLC 51712 a

1dealership or confidential or security information who:
2        (A) is younger than 21 years of age;
3        (B) Does not have a valid and unexpired concealed carry
4    license or Firearm Owner's Identification Card; or
5        (C) Has had a license denied, suspended, or revoked
6    under this Act, or been terminated from employment as a
7    dealership agent:
8            (i) within one year before the date the person's
9        application for employment with the dealership; and
10            (ii) that refusal, denial, suspension, revocation,
11        or termination was based on any provision of this Act.
12    (2) No person may act as a dealership agent under this
13Section until he or she has executed and furnished to the
14employer, on forms furnished by the Department, a verified
15statement to be known as "Dealership Agent's Statement" setting
16forth:
17        (A) The person's full name, age, and residence address.
18        (B) That the person has not had a license denied,
19    revoked, or suspended under this Act, or been terminated
20    from employment as a dealership agent:
21            (i) within one year before the date the person's
22        application for employment with the dealership; and
23            (ii) that refusal, denial, suspension, revocation,
24        or termination was based on any provision of this Act.
25        (C) That the person will notify the dealership
26    immediately if his or her Firearm Owner's Identification

 

 

09900HB1016ham008- 24 -LRB099 04847 RLC 51712 a

1    Card or concealed carry license is revoked for any reason.
2        (D) That the person will not divert firearms in
3    violation of the law.
4    (3) Each applicant for employment as a dealership agent
5shall provide a copy of his or her valid and unexpired
6concealed carry license, or have the validity of his or her
7Firearm Owner's Identification Card confirmed by the
8dealership through the Department of State Police in a manner
9prescribed by rule by the Department of State Police. The
10Department of State Police shall provide the dealership with an
11approval number if the Firearm Owner's Identification Card is
12currently valid.
13    (4) As part of an application for renewal or restoration of
14a dealership license, the dealership shall confirm the validity
15of the Firearm Owner's Identification Card of each dealership
16agent employed by the dealership, and record the unique
17approval number provided by the Department of State Police in
18the record maintained under paragraph (5) of this Section,
19provided that a dealership shall not be required to confirm the
20validity of the Firearm Owner's Identification Card of a
21dealership agent if the dealership has already confirmed the
22validity of the dealership agent's Firearm Owner's
23Identification Card within the last 6 months or the dealership
24agent has provided the dealership with a copy of his or her
25valid and unexpired concealed carry license within the last 6
26months.

 

 

09900HB1016ham008- 25 -LRB099 04847 RLC 51712 a

1    (5) Each dealership shall maintain a record of each
2dealership agent that is accessible to the Department. The
3record shall contain the following information:
4        (A) The Dealership Agent's Statement specified in
5    paragraph (2) of this Section; and
6        (B) A copy of the dealership agent's concealed carry
7    license or Firearm Owner's Identification Card, and the
8    approval number provided by the Department of State Police
9    when the dealership last confirmed the validity of the
10    dealership agent's Firearm Owner's Identification Card.
11    The Department may, by rule, prescribe further record
12    requirements.
13    (6) Every dealership shall maintain a separate roster of
14the names of all dealership agents and submit the roster to the
15Department on request.
16    (7) No dealership may employ any person to perform a
17licensed activity under this Act unless the person possesses a
18valid dealer license under this Act or the requirements of this
19Section are met, or the person is exempt under paragraph (8) of
20this Section.
21    (8) Peace officers shall be exempt from the requirements of
22this Section relating to Firearm Owner's Identification Cards
23and concealed carry licenses. The dealership shall remain
24responsible for any peace officer employed under this
25exemption, regardless of whether the peace officer is
26compensated as an employee or as an independent contractor and

 

 

09900HB1016ham008- 26 -LRB099 04847 RLC 51712 a

1as further defined by rule.
2    (9) Persons who have no unsupervised access to firearms in
3the inventory of a dealership or confidential or security
4information are exempt from the requirements of a dealership
5agent.
6    (10) This Section shall apply to unpaid or paid volunteers
7or other agents of the dealership who will have access to or
8control over firearms in the inventory of the dealership or
9confidential or security information, just as it applies to
10paid employees.
 
11    Section 65. Employment requirement. A dealership licensed
12under this Act is prohibited from evading or attempting to
13evade the requirements for dealership agents under this Act by
14engaging a contractor or independent contractor to perform the
15activities of a dealer or dealership agent, unless that person
16is licensed under this Act.
 
17    Section 70. Disciplinary sanctions.
18    (a) The Department may deny issuance, refuse to renew, or
19restore or may reprimand, place on probation, suspend, revoke,
20or take other disciplinary or non-disciplinary action against
21any license, may impose a fine not to exceed $10,000 for each
22violation, and may assess costs as provided for under Section
23135, for any of the following, consistent with the Protection
24of Lawful Commerce in Arms Act, 15 U.S.C. 7901 through 7903 or

 

 

09900HB1016ham008- 27 -LRB099 04847 RLC 51712 a

1amendments thereto:
2        (1) Material misstatement in furnishing information to
3    the Department or to any other State or federal agency.
4        (2) Violations of this Act, any of the rules adopted
5    under this Act, or any law applicable to the sale or
6    transfer of firearms.
7        (3) Making any misrepresentation for the purpose of
8    obtaining licenses or cards.
9        (4) A pattern of practice or other behavior which
10    demonstrates incapacity or incompetency to practice under
11    this Act.
12        (5) Aiding or assisting another person in violating any
13    provision of this Act or rules adopted under this Act.
14        (6) Failing, within 60 days, to provide information in
15    response to a written request made by the Department.
16        (7) Conviction of or plea of guilty or plea of nolo
17    contendere to any crime that disqualifies the person from
18    obtaining a valid Firearm Owner's Identification Card.
19        (8) Continued practice, although the person has become
20    unfit to practice due to any of the following:
21            (A) Physical illness, mental illness, or other
22        impairment, including, but not limited to,
23        deterioration through the aging process or loss of
24        motor skills that results in the inability to serve the
25        public with reasonable judgment, skill, or safety.
26            (B) Any circumstance that disqualifies the person

 

 

09900HB1016ham008- 28 -LRB099 04847 RLC 51712 a

1        from obtaining a valid Firearm Owner's Identification
2        Card.
3            (C) Habitual or excessive use or abuse of drugs
4        defined in law as controlled substances, alcohol, or
5        any other substance that results in the inability to
6        practice with reasonable judgment, skill, or safety.
7        (9) Receiving, directly or indirectly, compensation
8    for any firearms sold or transferred illegally.
9        (10) Discipline by another United States jurisdiction,
10    foreign nation, or governmental agency, if at least one of
11    the grounds for the discipline is the same or substantially
12    equivalent to those set forth in this Act.
13        (11) Giving differential treatment to a person that is
14    to that person's detriment because of race, color, creed,
15    sex, sexual orientation, religion, or national origin.
16        (12) Violation of any disciplinary order imposed on a
17    licensee by the Department.
18        (13) Conducting a dealership without a valid license.
19        (14) Revealing confidential or security information,
20    except as specifically authorized by law, including but not
21    limited to information about purchasers and transferees of
22    firearms, provided that a licensee or dealership agent may
23    disclose this information under a court order, subpoena, or
24    search warrant or to the Department or federal, State, or
25    local law enforcement agencies upon request.
26        (15) Purporting to be a licensee-in-charge of an agency

 

 

09900HB1016ham008- 29 -LRB099 04847 RLC 51712 a

1    without active participation in the agency.
2        (16) A finding by the Department that the licensee,
3    after having his or her license placed on probationary
4    status, has violated the terms of probation.
5        (17) Failure to report in writing to the Department,
6    within 60 days of an entry of a settlement or a verdict in
7    excess of $10,000, any legal action in which the business
8    of the dealer, dealership, or dealership agent was the
9    subject of the legal action.
10    (b) All fines imposed under this Section shall be paid
11within 60 days after the effective date of the order imposing
12the fine.
 
13    Section 75. Suspension or revocation of dealership agent
14authority.
15    (a) Dealership agents shall be subject to the disciplinary
16sanctions of this Act and shall otherwise comply with this Act
17and the rules adopted under it. Notwithstanding any other
18provision in this Act to the contrary, dealership agents shall
19not be responsible for compliance with any requirement that
20this Act assigns to the dealership or the licensee-in-charge
21regardless of the agent's job title, job duties, or position in
22the dealership. The procedures for disciplining a licensee
23shall also apply in taking action against a dealership agent.
24    (b) The revocation of a dealer's or dealership agent's
25Firearm Owner's Identification Card or concealed carry

 

 

09900HB1016ham008- 30 -LRB099 04847 RLC 51712 a

1license, if applicable, operates as an automatic suspension of
2the dealer license or dealership agent's authority under this
3Act. The suspension will end only upon the issuance by the
4Department of State Police of a new Firearm Owner's
5Identification Card or concealed carry license to the dealer or
6dealership agent.
 
7    Section 80. Returned checks; fines. Any person who delivers
8a check or other payment to the Department that is returned to
9the Department unpaid by the financial institution upon which
10it is drawn shall pay to the Department, in addition to the
11amount already owed to the Department, a fine of $50. The fines
12imposed by this Section are in addition to any other discipline
13provided under this Act for unlicensed business or business on
14a nonrenewed license. The Department shall notify the person
15that payment of fees and fines shall be paid to the Department
16by certified check or money order within 30 calendar days of
17the notification. If, after the expiration of 30 days from the
18date of the notification, the person has failed to submit the
19necessary remittance, the Department shall automatically
20terminate the license or deny the application, without hearing.
21If, after termination or denial, the person seeks a license, he
22or she shall apply to the Department for restoration or
23issuance of the license and pay all fees and fines due to the
24Department. The Department may establish a fee for the
25processing of an application for restoration of a license to

 

 

09900HB1016ham008- 31 -LRB099 04847 RLC 51712 a

1pay all expenses of processing this application. The Secretary
2may waive the fines due under this Section in individual cases
3if the Secretary finds that the fines would be unreasonable or
4unnecessarily burdensome.
 
5    Section 85. Statute of limitations. No action may be taken
6under this Act against a person or entity licensed under this
7Act unless the action is commenced within 5 years after the
8occurrence of the alleged violations. A continuing violation
9shall be deemed to have occurred on the date when the
10circumstances last existed that give rise to the alleged
11violation.
 
12    Section 90. Complaints; investigations; hearings.
13    (a) The Department may investigate the actions of any
14applicant or of any person or persons holding or claiming to
15hold a license or registration under this Act.
16    (b) The Department shall, before disciplining a licensee
17under Section 115 or refusing to issue or license, at least 30
18days before the date set for the hearing, (i) notify the
19accused in writing of the charges made and the time and place
20for the hearing on the charges, (ii) direct him or her to file
21a written answer to the charges under oath within 20 days after
22service, and (iii) inform the applicant or licensee that
23failure to answer will result in a default being entered
24against the applicant or licensee.

 

 

09900HB1016ham008- 32 -LRB099 04847 RLC 51712 a

1    (c) At the time and place fixed in the notice, the Board or
2the hearing officer appointed by the Secretary shall proceed to
3hear the charges, and the parties or their counsel shall be
4accorded ample opportunity to present any pertinent
5statements, testimony, evidence, and arguments. The Board or
6hearing officer may continue the hearing from time to time. In
7case the person, after receiving the notice, fails to file an
8answer, his or her license may, in the discretion of the
9Secretary, having first received the recommendation of the
10Board, be suspended, revoked, or placed on probationary status,
11or be subject to whatever disciplinary action the Secretary
12considers proper, including limiting the scope, nature, or
13extent of the person's business or the imposition of a fine,
14without hearing, if the act or acts charged constitute
15sufficient grounds for that action under this Act.
16    (d) The written notice and any notice in the subsequent
17proceeding may be served by certified mail to the licensee's
18address of record.
19    (e) The Secretary has the authority to appoint any attorney
20licensed to practice law in this State to serve as the hearing
21officer in any action for refusal to issue, restore, or renew a
22license or to discipline a licensee. The hearing officer has
23full authority to conduct the hearing.
 
24    Section 95. Hearing; rehearing.
25    (a) The Board or the hearing officer authorized by the

 

 

09900HB1016ham008- 33 -LRB099 04847 RLC 51712 a

1Department shall hear evidence in support of the formal charges
2and evidence produced by the licensee. At the conclusion of the
3hearing, the Board shall present to the Secretary a written
4report of its findings of fact, conclusions of law, and
5recommendations. The report shall contain a finding of whether
6the accused person violated this Act or failed to comply with
7the conditions required in this Act. The Board shall specify
8the nature of the violation or failure to comply and shall make
9its recommendation to the Secretary.
10    (b) At the conclusion of the hearing, a copy of the Board
11or hearing officer's report shall be served upon the applicant
12or licensee by the Department, either personally or as provided
13in this Act for the service of a notice of hearing. Within 20
14calendar days after service, the applicant or licensee may
15present to the Department a motion in writing for a rehearing,
16which shall specify the particular grounds for rehearing. The
17Department may respond to the motion for rehearing within 20
18calendar days after its service on the Department. If no motion
19for rehearing is filed, then upon the expiration of the time
20specified for filing such a motion, or upon denial of a motion
21for rehearing, the Secretary may enter an order in accordance
22with the recommendations of the Board or hearing officer. If
23the applicant or licensee orders from the reporting service and
24pays for a transcript of the record within the time for filing
25a motion for rehearing, the 20-day period within which a motion
26may be filed shall commence upon the delivery of the transcript

 

 

09900HB1016ham008- 34 -LRB099 04847 RLC 51712 a

1to the applicant or licensee.
2    (c) Whenever the Secretary is not satisfied that
3substantial justice has been done, the Secretary may order a
4rehearing by the same or another hearing officer.
5    (d) All proceedings under this Section are matters of
6public record and shall be preserved.
7    (e) The dealer or dealership may continue to operate as a
8dealer or dealership during the course of an investigation or
9hearing, unless the Secretary finds that the public interest,
10safety, or welfare requires an emergency action.
11    (f) Upon the suspension or revocation of a license, the
12licensee shall surrender the license to the Department and,
13upon failure to do so, the Department shall seize the same.
 
14    Section 100. Disposition by consent order. At any point in
15any investigation or disciplinary proceeding provided for in
16the Act, both parties may agree to a negotiated consent order.
17The consent order shall be final upon signature of the
18Secretary.
 
19    Section 105. Restoration of license after disciplinary
20proceedings. At any time after the successful completion of a
21term of indefinite probation, indefinite suspension, or
22revocation of a license, the Department may restore it to the
23licensee, unless, after an investigation and a hearing, the
24Secretary determines that restoration is not in the public

 

 

09900HB1016ham008- 35 -LRB099 04847 RLC 51712 a

1interest. No person or entity whose license, card, or authority
2has been revoked as authorized in this Act may apply for
3restoration of that license, registration, or authority until
4such time as provided for in the Civil Administrative Code of
5Illinois.
 
6    Section 110. Injunction; cease and desist orders.
7    (a) Upon the filing of a verified petition in court, if
8satisfied by affidavit or otherwise that the person, firm,
9corporation, or other legal entity is or has been conducting
10activities in violation of this Act, the court may enter a
11temporary restraining order or preliminary injunction, without
12bond, enjoining the defendant from further activity. A copy of
13the verified complaint shall be served upon the defendant and
14the proceedings shall be conducted as in civil cases. If it is
15established the defendant has been or is conducting activities
16in violation of this Act, the court may enter a judgment
17enjoining the defendant from that activity. In case of
18violation of any injunctive order or judgment entered under
19this Section, the court may punish the offender for contempt of
20court. Injunctive proceedings shall be in addition to all other
21penalties under this Act.
22    (b) If any person has engaged in the business of selling,
23leasing, or otherwise transferring firearms without having a
24valid license under this Act, then any licensee, any interested
25party, or any person injured thereby may, in addition to the

 

 

09900HB1016ham008- 36 -LRB099 04847 RLC 51712 a

1Secretary, petition for relief as provided in subsection (a) of
2this Section.
3    (c) Whenever the Department has reason to believe a person,
4firm, corporation, or other legal entity has violated any
5provision of this Act, the Department may issue a rule to show
6cause why an order to cease and desist should not be entered
7against that person, firm, corporation, or other legal entity.
8The rule shall clearly set forth the grounds relied upon by the
9Department and shall provide a period of 7 days from the date
10of the rule to file an answer to the satisfaction of the
11Department. Failure to answer to the satisfaction of the
12Department shall cause an order to cease and desist to be
13issued immediately.
 
14    Section 115. Administrative review. All final
15administrative decisions of the Department are subject to
16judicial review under Article III of the Code of Civil
17Procedure. The term "administrative decision" is defined as in
18Section 3-101 of the Code of Civil Procedure. The proceedings
19for judicial review shall be commenced in the circuit court of
20the county in which the party applying for review resides; but
21if the party is not a resident of this State, the venue shall
22be in Sangamon County. The Department shall not be required to
23certify any record to the court or file any answer in court or
24otherwise appear in any court in a judicial review proceeding,
25unless and until the Department has received from the plaintiff

 

 

09900HB1016ham008- 37 -LRB099 04847 RLC 51712 a

1payment of the costs of furnishing and certifying the record,
2which costs shall be determined by the Department. Exhibits
3shall be certified without cost. Failure on the part of the
4applicant or licensee to file a receipt in court is grounds for
5dismissal of the action.
 
6    Section 120. Prima facie proof.
7    (a) An order or a certified copy thereof, over the seal of
8the Department and purporting to be signed by the Secretary, is
9prima facie proof that the signature is that of the Secretary,
10and the Secretary is qualified to act.
11    (b) A certified copy of a record of the Department shall,
12without further proof, be admitted into evidence in any legal
13proceeding, and shall be prima facie correct and prima facie
14evidence of the information contained therein.
 
15    Section 125. Subpoenas.
16    (a) The Department may subpoena and bring before it any
17person to take the oral or written testimony or compel the
18production of any books, papers, records, or any other
19documents that the Secretary or his or her designee deems
20relevant or material to any such investigation or hearing
21conducted by the Department with the same fees and in the same
22manner as prescribed in civil cases in the courts of this
23State.
24    (b) Any circuit court, upon the application of the

 

 

09900HB1016ham008- 38 -LRB099 04847 RLC 51712 a

1applicant, licensee, or Department, may order the attendance
2and testimony of witnesses and the production of relevant
3documents, files, records, books, and papers in connection with
4any hearing or investigation. The circuit court may compel
5obedience to its order by proceedings for contempt.
6    (c) The Secretary, the hearing officer, any member of the
7Board, or a certified shorthand court reporter may administer
8oaths at any hearing the Department conducts. Notwithstanding
9any other statute or Department rule to the contrary, all
10requests for testimony, production of documents or records
11shall be in accordance with this Act.
 
12    Section 130. Stenographers. The Department, at its
13expense, shall preserve the record of all proceedings at a
14formal hearing of any case. The notice of hearing, complaint,
15all other documents in the nature of pleadings and written
16motions filed in the proceedings, the transcript of testimony,
17the report of the Board and orders of the Department shall be
18in the record of the proceedings.
 
19    Section 135. Fees; deposit of fees and fines. The
20Department shall by rule provide for fees for the
21administration and enforcement of this Act, and those fees are
22nonrefundable. All of the fees, penalties, and fines collected
23under this Act shall be deposited into the General Professions
24Dedicated Fund and shall be appropriated to the Department for

 

 

09900HB1016ham008- 39 -LRB099 04847 RLC 51712 a

1the ordinary and contingent expenses of the Department in the
2administration and enforcement of this Act.
 
3    Section 140. Illinois Administrative Procedure Act;
4application.
5    (a) All rules required under this Act shall be adopted in
6accordance with Article 5 of the Illinois Administrative
7Procedure Act.
8    (b) Article 10 of the Illinois Administrative Procedure Act
9is expressly adopted and incorporated in this Act as if all of
10the provisions of that Article were included in this Act,
11except that the provision of paragraph (d) of Section 10-65 of
12the Illinois Administrative Procedure Act, which provides that
13at hearings the registrant or licensee has the right to show
14compliance with all lawful requirements for retention or
15continuation or renewal of the license, is specifically
16excluded. For the purpose of this Act, the notice required
17under Section 10-25 of the Illinois Administrative Procedure
18Act is considered sufficient when mailed to the address of
19record of a party.
 
20    Section 145. Confidentiality. All information collected by
21the Department in the course of an examination or investigation
22of a licensee or applicant, including, but not limited to, any
23complaint against a licensee filed with the Department and
24information collected to investigate any such complaint, shall

 

 

09900HB1016ham008- 40 -LRB099 04847 RLC 51712 a

1be maintained for the confidential use of the Department and
2shall not be disclosed. The Department shall not disclose the
3information to anyone other than law enforcement officials,
4regulatory agencies that have an appropriate regulatory
5interest as determined by the Secretary, or a party presenting
6a lawful subpoena to the Department. Information and documents
7disclosed to a federal, State, county, or local law enforcement
8agency shall not be disclosed by the agency for any purpose to
9any other agency or person. A formal complaint filed against a
10licensee by the Department or any order issued by the
11Department against a licensee or applicant shall be a public
12record, except as otherwise prohibited by law.
 
13    Section 150. Rules. The Department shall adopt rules
14necessary to implement the provisions of this Act no later than
15180 days after the effective date of this Act. The Department
16may adopt rules necessary to implement the provisions of this
17Act through the use of emergency rulemaking in accordance with
18Section 5-45 of the Illinois Administrative Procedure Act for a
19period not to exceed 180 days after the effective date of this
20Act.
 
21    Section 900. The Regulatory Sunset Act is amended by
22changing Section 4.37 as follows:
 
23    (5 ILCS 80/4.37)

 

 

09900HB1016ham008- 41 -LRB099 04847 RLC 51712 a

1    Sec. 4.37. Acts repealed on January 1, 2027. The following
2Acts are Act is repealed on January 1, 2027:
3    The Clinical Psychologist Licensing Act.
4    The Gun Dealer Licensing Act.
5(Source: P.A. 99-572, eff. 7-15-16.)
 
6    Section 905. The Illinois Administrative Procedure Act is
7amended by changing Section 5-45 as follows:
 
8    (5 ILCS 100/5-45)  (from Ch. 127, par. 1005-45)
9    Sec. 5-45. Emergency rulemaking.
10    (a) "Emergency" means the existence of any situation that
11any agency finds reasonably constitutes a threat to the public
12interest, safety, or welfare.
13    (b) If any agency finds that an emergency exists that
14requires adoption of a rule upon fewer days than is required by
15Section 5-40 and states in writing its reasons for that
16finding, the agency may adopt an emergency rule without prior
17notice or hearing upon filing a notice of emergency rulemaking
18with the Secretary of State under Section 5-70. The notice
19shall include the text of the emergency rule and shall be
20published in the Illinois Register. Consent orders or other
21court orders adopting settlements negotiated by an agency may
22be adopted under this Section. Subject to applicable
23constitutional or statutory provisions, an emergency rule
24becomes effective immediately upon filing under Section 5-65 or

 

 

09900HB1016ham008- 42 -LRB099 04847 RLC 51712 a

1at a stated date less than 10 days thereafter. The agency's
2finding and a statement of the specific reasons for the finding
3shall be filed with the rule. The agency shall take reasonable
4and appropriate measures to make emergency rules known to the
5persons who may be affected by them.
6    (c) An emergency rule may be effective for a period of not
7longer than 150 days, but the agency's authority to adopt an
8identical rule under Section 5-40 is not precluded. No
9emergency rule may be adopted more than once in any 24-month 24
10month period, except that this limitation on the number of
11emergency rules that may be adopted in a 24-month 24 month
12period does not apply to (i) emergency rules that make
13additions to and deletions from the Drug Manual under Section
145-5.16 of the Illinois Public Aid Code or the generic drug
15formulary under Section 3.14 of the Illinois Food, Drug and
16Cosmetic Act, (ii) emergency rules adopted by the Pollution
17Control Board before July 1, 1997 to implement portions of the
18Livestock Management Facilities Act, (iii) emergency rules
19adopted by the Illinois Department of Public Health under
20subsections (a) through (i) of Section 2 of the Department of
21Public Health Act when necessary to protect the public's
22health, (iv) emergency rules adopted pursuant to subsection (n)
23of this Section, (v) emergency rules adopted pursuant to
24subsection (o) of this Section, or (vi) emergency rules adopted
25pursuant to subsection (c-5) of this Section. Two or more
26emergency rules having substantially the same purpose and

 

 

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1effect shall be deemed to be a single rule for purposes of this
2Section.
3    (c-5) To facilitate the maintenance of the program of group
4health benefits provided to annuitants, survivors, and retired
5employees under the State Employees Group Insurance Act of
61971, rules to alter the contributions to be paid by the State,
7annuitants, survivors, retired employees, or any combination
8of those entities, for that program of group health benefits,
9shall be adopted as emergency rules. The adoption of those
10rules shall be considered an emergency and necessary for the
11public interest, safety, and welfare.
12    (d) In order to provide for the expeditious and timely
13implementation of the State's fiscal year 1999 budget,
14emergency rules to implement any provision of Public Act 90-587
15or 90-588 or any other budget initiative for fiscal year 1999
16may be adopted in accordance with this Section by the agency
17charged with administering that provision or initiative,
18except that the 24-month limitation on the adoption of
19emergency rules and the provisions of Sections 5-115 and 5-125
20do not apply to rules adopted under this subsection (d). The
21adoption of emergency rules authorized by this subsection (d)
22shall be deemed to be necessary for the public interest,
23safety, and welfare.
24    (e) In order to provide for the expeditious and timely
25implementation of the State's fiscal year 2000 budget,
26emergency rules to implement any provision of Public Act 91-24

 

 

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1or any other budget initiative for fiscal year 2000 may be
2adopted in accordance with this Section by the agency charged
3with administering that provision or initiative, except that
4the 24-month limitation on the adoption of emergency rules and
5the provisions of Sections 5-115 and 5-125 do not apply to
6rules adopted under this subsection (e). The adoption of
7emergency rules authorized by this subsection (e) shall be
8deemed to be necessary for the public interest, safety, and
9welfare.
10    (f) In order to provide for the expeditious and timely
11implementation of the State's fiscal year 2001 budget,
12emergency rules to implement any provision of Public Act 91-712
13or any other budget initiative for fiscal year 2001 may be
14adopted in accordance with this Section by the agency charged
15with administering that provision or initiative, except that
16the 24-month limitation on the adoption of emergency rules and
17the provisions of Sections 5-115 and 5-125 do not apply to
18rules adopted under this subsection (f). The adoption of
19emergency rules authorized by this subsection (f) shall be
20deemed to be necessary for the public interest, safety, and
21welfare.
22    (g) In order to provide for the expeditious and timely
23implementation of the State's fiscal year 2002 budget,
24emergency rules to implement any provision of Public Act 92-10
25or any other budget initiative for fiscal year 2002 may be
26adopted in accordance with this Section by the agency charged

 

 

09900HB1016ham008- 45 -LRB099 04847 RLC 51712 a

1with administering that provision or initiative, except that
2the 24-month limitation on the adoption of emergency rules and
3the provisions of Sections 5-115 and 5-125 do not apply to
4rules adopted under this subsection (g). The adoption of
5emergency rules authorized by this subsection (g) shall be
6deemed to be necessary for the public interest, safety, and
7welfare.
8    (h) In order to provide for the expeditious and timely
9implementation of the State's fiscal year 2003 budget,
10emergency rules to implement any provision of Public Act 92-597
11or any other budget initiative for fiscal year 2003 may be
12adopted in accordance with this Section by the agency charged
13with administering that provision or initiative, except that
14the 24-month limitation on the adoption of emergency rules and
15the provisions of Sections 5-115 and 5-125 do not apply to
16rules adopted under this subsection (h). The adoption of
17emergency rules authorized by this subsection (h) shall be
18deemed to be necessary for the public interest, safety, and
19welfare.
20    (i) In order to provide for the expeditious and timely
21implementation of the State's fiscal year 2004 budget,
22emergency rules to implement any provision of Public Act 93-20
23or any other budget initiative for fiscal year 2004 may be
24adopted in accordance with this Section by the agency charged
25with administering that provision or initiative, except that
26the 24-month limitation on the adoption of emergency rules and

 

 

09900HB1016ham008- 46 -LRB099 04847 RLC 51712 a

1the provisions of Sections 5-115 and 5-125 do not apply to
2rules adopted under this subsection (i). The adoption of
3emergency rules authorized by this subsection (i) shall be
4deemed to be necessary for the public interest, safety, and
5welfare.
6    (j) In order to provide for the expeditious and timely
7implementation of the provisions of the State's fiscal year
82005 budget as provided under the Fiscal Year 2005 Budget
9Implementation (Human Services) Act, emergency rules to
10implement any provision of the Fiscal Year 2005 Budget
11Implementation (Human Services) Act may be adopted in
12accordance with this Section by the agency charged with
13administering that provision, except that the 24-month
14limitation on the adoption of emergency rules and the
15provisions of Sections 5-115 and 5-125 do not apply to rules
16adopted under this subsection (j). The Department of Public Aid
17may also adopt rules under this subsection (j) necessary to
18administer the Illinois Public Aid Code and the Children's
19Health Insurance Program Act. The adoption of emergency rules
20authorized by this subsection (j) shall be deemed to be
21necessary for the public interest, safety, and welfare.
22    (k) In order to provide for the expeditious and timely
23implementation of the provisions of the State's fiscal year
242006 budget, emergency rules to implement any provision of
25Public Act 94-48 or any other budget initiative for fiscal year
262006 may be adopted in accordance with this Section by the

 

 

09900HB1016ham008- 47 -LRB099 04847 RLC 51712 a

1agency charged with administering that provision or
2initiative, except that the 24-month limitation on the adoption
3of emergency rules and the provisions of Sections 5-115 and
45-125 do not apply to rules adopted under this subsection (k).
5The Department of Healthcare and Family Services may also adopt
6rules under this subsection (k) necessary to administer the
7Illinois Public Aid Code, the Senior Citizens and Persons with
8Disabilities Property Tax Relief Act, the Senior Citizens and
9Disabled Persons Prescription Drug Discount Program Act (now
10the Illinois Prescription Drug Discount Program Act), and the
11Children's Health Insurance Program Act. The adoption of
12emergency rules authorized by this subsection (k) shall be
13deemed to be necessary for the public interest, safety, and
14welfare.
15    (l) In order to provide for the expeditious and timely
16implementation of the provisions of the State's fiscal year
172007 budget, the Department of Healthcare and Family Services
18may adopt emergency rules during fiscal year 2007, including
19rules effective July 1, 2007, in accordance with this
20subsection to the extent necessary to administer the
21Department's responsibilities with respect to amendments to
22the State plans and Illinois waivers approved by the federal
23Centers for Medicare and Medicaid Services necessitated by the
24requirements of Title XIX and Title XXI of the federal Social
25Security Act. The adoption of emergency rules authorized by
26this subsection (l) shall be deemed to be necessary for the

 

 

09900HB1016ham008- 48 -LRB099 04847 RLC 51712 a

1public interest, safety, and welfare.
2    (m) In order to provide for the expeditious and timely
3implementation of the provisions of the State's fiscal year
42008 budget, the Department of Healthcare and Family Services
5may adopt emergency rules during fiscal year 2008, including
6rules effective July 1, 2008, in accordance with this
7subsection to the extent necessary to administer the
8Department's responsibilities with respect to amendments to
9the State plans and Illinois waivers approved by the federal
10Centers for Medicare and Medicaid Services necessitated by the
11requirements of Title XIX and Title XXI of the federal Social
12Security Act. The adoption of emergency rules authorized by
13this subsection (m) shall be deemed to be necessary for the
14public interest, safety, and welfare.
15    (n) In order to provide for the expeditious and timely
16implementation of the provisions of the State's fiscal year
172010 budget, emergency rules to implement any provision of
18Public Act 96-45 or any other budget initiative authorized by
19the 96th General Assembly for fiscal year 2010 may be adopted
20in accordance with this Section by the agency charged with
21administering that provision or initiative. The adoption of
22emergency rules authorized by this subsection (n) shall be
23deemed to be necessary for the public interest, safety, and
24welfare. The rulemaking authority granted in this subsection
25(n) shall apply only to rules promulgated during Fiscal Year
262010.

 

 

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1    (o) In order to provide for the expeditious and timely
2implementation of the provisions of the State's fiscal year
32011 budget, emergency rules to implement any provision of
4Public Act 96-958 or any other budget initiative authorized by
5the 96th General Assembly for fiscal year 2011 may be adopted
6in accordance with this Section by the agency charged with
7administering that provision or initiative. The adoption of
8emergency rules authorized by this subsection (o) is deemed to
9be necessary for the public interest, safety, and welfare. The
10rulemaking authority granted in this subsection (o) applies
11only to rules promulgated on or after July 1, 2010 (the
12effective date of Public Act 96-958) through June 30, 2011.
13    (p) In order to provide for the expeditious and timely
14implementation of the provisions of Public Act 97-689,
15emergency rules to implement any provision of Public Act 97-689
16may be adopted in accordance with this subsection (p) by the
17agency charged with administering that provision or
18initiative. The 150-day limitation of the effective period of
19emergency rules does not apply to rules adopted under this
20subsection (p), and the effective period may continue through
21June 30, 2013. The 24-month limitation on the adoption of
22emergency rules does not apply to rules adopted under this
23subsection (p). The adoption of emergency rules authorized by
24this subsection (p) is deemed to be necessary for the public
25interest, safety, and welfare.
26    (q) In order to provide for the expeditious and timely

 

 

09900HB1016ham008- 50 -LRB099 04847 RLC 51712 a

1implementation of the provisions of Articles 7, 8, 9, 11, and
212 of Public Act 98-104, emergency rules to implement any
3provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
4may be adopted in accordance with this subsection (q) by the
5agency charged with administering that provision or
6initiative. The 24-month limitation on the adoption of
7emergency rules does not apply to rules adopted under this
8subsection (q). The adoption of emergency rules authorized by
9this subsection (q) is deemed to be necessary for the public
10interest, safety, and welfare.
11    (r) In order to provide for the expeditious and timely
12implementation of the provisions of Public Act 98-651,
13emergency rules to implement Public Act 98-651 may be adopted
14in accordance with this subsection (r) by the Department of
15Healthcare and Family Services. The 24-month limitation on the
16adoption of emergency rules does not apply to rules adopted
17under this subsection (r). The adoption of emergency rules
18authorized by this subsection (r) is deemed to be necessary for
19the public interest, safety, and welfare.
20    (s) In order to provide for the expeditious and timely
21implementation of the provisions of Sections 5-5b.1 and 5A-2 of
22the Illinois Public Aid Code, emergency rules to implement any
23provision of Section 5-5b.1 or Section 5A-2 of the Illinois
24Public Aid Code may be adopted in accordance with this
25subsection (s) by the Department of Healthcare and Family
26Services. The rulemaking authority granted in this subsection

 

 

09900HB1016ham008- 51 -LRB099 04847 RLC 51712 a

1(s) shall apply only to those rules adopted prior to July 1,
22015. Notwithstanding any other provision of this Section, any
3emergency rule adopted under this subsection (s) shall only
4apply to payments made for State fiscal year 2015. The adoption
5of emergency rules authorized by this subsection (s) is deemed
6to be necessary for the public interest, safety, and welfare.
7    (t) In order to provide for the expeditious and timely
8implementation of the provisions of Article II of Public Act
999-6, emergency rules to implement the changes made by Article
10II of Public Act 99-6 to the Emergency Telephone System Act may
11be adopted in accordance with this subsection (t) by the
12Department of State Police. The rulemaking authority granted in
13this subsection (t) shall apply only to those rules adopted
14prior to July 1, 2016. The 24-month limitation on the adoption
15of emergency rules does not apply to rules adopted under this
16subsection (t). The adoption of emergency rules authorized by
17this subsection (t) is deemed to be necessary for the public
18interest, safety, and welfare.
19    (u) In order to provide for the expeditious and timely
20implementation of the provisions of the Burn Victims Relief
21Act, emergency rules to implement any provision of the Act may
22be adopted in accordance with this subsection (u) by the
23Department of Insurance. The rulemaking authority granted in
24this subsection (u) shall apply only to those rules adopted
25prior to December 31, 2015. The adoption of emergency rules
26authorized by this subsection (u) is deemed to be necessary for

 

 

09900HB1016ham008- 52 -LRB099 04847 RLC 51712 a

1the public interest, safety, and welfare.
2    (v) In order to provide for the expeditious and timely
3implementation of the provisions of Public Act 99-516 this
4amendatory Act of the 99th General Assembly, emergency rules to
5implement Public Act 99-516 this amendatory Act of the 99th
6General Assembly may be adopted in accordance with this
7subsection (v) by the Department of Healthcare and Family
8Services. The 24-month limitation on the adoption of emergency
9rules does not apply to rules adopted under this subsection
10(v). The adoption of emergency rules authorized by this
11subsection (v) is deemed to be necessary for the public
12interest, safety, and welfare.
13    (w) (v) In order to provide for the expeditious and timely
14implementation of the provisions of Public Act 99-796 this
15amendatory Act of the 99th General Assembly, emergency rules to
16implement the changes made by Public Act 99-796 this amendatory
17Act of the 99th General Assembly may be adopted in accordance
18with this subsection (w) (v) by the Adjutant General. The
19adoption of emergency rules authorized by this subsection (w)
20(v) is deemed to be necessary for the public interest, safety,
21and welfare.
22    (x) In order to provide for the expeditious and timely
23implementation of the provisions of the Gun Dealer Licensing
24Act, emergency rules to implement any provision of the Act may
25be adopted in accordance with this subsection (x) by the
26Department of Financial and Professional Regulation. The

 

 

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1rulemaking authority granted in this subsection (x) shall apply
2only to those rules adopted no later than 180 days after the
3effective date of this amendatory Act of the 99th General
4Assembly. The adoption of emergency rules authorized by this
5subsection (x) is deemed to be necessary for the public
6interest, safety, and welfare.
7(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13;
898-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16;
999-143, eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff.
106-30-16; 99-642, eff. 7-28-16; 99-796, eff. 1-1-17; revised
119-21-16.)".