Full Text of HB1016 99th General Assembly
HB1016ham008 99TH GENERAL ASSEMBLY | Rep. Kathleen Willis Filed: 11/23/2016
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| 1 | | AMENDMENT TO HOUSE BILL 1016
| 2 | | AMENDMENT NO. ______. Amend House Bill 1016 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the Gun | 5 | | Dealer Licensing Act. | 6 | | Section 5. Definitions. As used in this Act:
| 7 | | "Address of record" means the designated address recorded | 8 | | by the Department in the applicant's, dealer's or dealership | 9 | | agent's application file or license file as maintained by the | 10 | | Department's licensure maintenance unit. It is the duty of the | 11 | | applicant or dealer to inform the Department of any change of | 12 | | address, and those changes must be made either through the | 13 | | Department's website or by contacting the Department's | 14 | | licensure maintenance unit.
| 15 | | "Applicant" means any person who applies for a dealership | 16 | | license or dealer license, or the renewal of the dealership |
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| 1 | | license or dealer license under this Act.
| 2 | | "Board" means the Gun Dealer Licensing Board.
| 3 | | "Confidential or security information" means information | 4 | | which identifies the purchasers or other transferees of | 5 | | firearms from a dealer or dealership.
| 6 | | "Dealer" means any person engaged in the business of | 7 | | selling, leasing, or otherwise transferring firearms or any | 8 | | person within the meanings provided by 18 U.S.C. 921(a)(11) and | 9 | | 27 CFR 478.11 to include any person engaged in the business of | 10 | | selling firearms at wholesale or retail, or repairing firearms | 11 | | or making or fitting special barrels, stocks, or trigger | 12 | | mechanisms to firearms. | 13 | | "Dealership" means a person, firm, corporation, or other | 14 | | legal entity that engages in the business of selling, leasing, | 15 | | or otherwise transferring firearms and employs, in addition to | 16 | | the gun dealer licensee-in-charge, at least one other | 17 | | dealership agent.
| 18 | | "Dealership agent" means an owner, officer, paid or unpaid | 19 | | agent, volunteer or employee of a licensed dealership who has | 20 | | access to or control of firearms in the inventory of the | 21 | | dealership or confidential or security information of the | 22 | | dealership.
| 23 | | "Dealership licensee-in-charge" or "licensee-in-charge" | 24 | | means a dealer who has been designated by a dealership to be | 25 | | the licensee-in-charge of the dealership, who is a full-time | 26 | | management employee or owner who assumes sole responsibility |
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| 1 | | for maintaining all records required by this Act, and who | 2 | | assumes sole responsibility for assuring the dealership's | 3 | | compliance with its responsibilities as stated in this Act. The | 4 | | Department shall adopt rules mandating licensee-in-charge | 5 | | participation in dealership affairs.
| 6 | | "Department" means the Department of Financial and | 7 | | Professional Regulation.
| 8 | | "Engaged in the business" means a person who, as provided | 9 | | in 18 U.S.C. 921(a)(21) and 27 CFR 478.11(a), devotes time, | 10 | | attention, and labor to engaging in such activity as a regular | 11 | | course of trade or business with the principal objective of | 12 | | livelihood 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 | 21 | | person who receives firearms (frames, receivers, or otherwise) | 22 | | provided by a customer for the purpose of repairing, modifying, | 23 | | embellishing, refurbishing, or installing parts in or on those | 24 | | firearms. A gunsmith is not "engaged in the business" of | 25 | | manufacturing firearms because the firearms being produced are | 26 | | not owned by the gunsmith and he does not sell or distribute |
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| 1 | | the firearms manufactured. | 2 | | "Firearm" has the same meaning as "firearm" in Section 1.1 | 3 | | of the Firearm Owners Identification Card Act.
| 4 | | "Licensee" means a dealer or a dealership licensed under | 5 | | this Act. Anyone who holds himself or herself out as a licensee | 6 | | or who is accused of unlicensed business is considered a | 7 | | licensee for purposes of enforcement, investigation, hearings, | 8 | | and the Illinois Administrative Procedure Act.
| 9 | | "Manufacturer" means, as defined by 18 U.S.C. 921 (a)(10) | 10 | | and 27 CFR 478.11, any person engaged in the business of | 11 | | manufacturing firearms or ammunition for purposes of sale or | 12 | | distribution. | 13 | | "Person" means a natural person. | 14 | | "Secretary" means the Secretary of Financial and | 15 | | Professional Regulation.
| 16 | | Section 10. License requirement.
| 17 | | (a) It is unlawful for a person to engage in the business | 18 | | of selling, leasing, or otherwise transferring firearms | 19 | | without a license under this Act. A dealership agent other than | 20 | | a dealer licensee-in-charge may act on behalf of the licensed | 21 | | dealership under Section 75 without being licensed as a dealer | 22 | | under this Act.
| 23 | | (b) It is unlawful for a person, firm, corporation, group | 24 | | of individuals, or other legal entity to act as a dealership | 25 | | licensed under this Act, to advertise, or to assume to act as a |
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| 1 | | licensed dealership or to use a title implying that the person, | 2 | | firm, or other entity is engaged in business as a dealership | 3 | | without a license under this Act. An individual or sole | 4 | | proprietor licensed as a dealer who operates without any | 5 | | dealership agents may act as a dealership without having to | 6 | | obtain a dealership license, provided the dealer notifies the | 7 | | Department that he or she is operating in this manner and | 8 | | provides the information required under Section 65, as | 9 | | determined to be applicable to the dealer by the Department. | 10 | | The dealer may operate under a "doing business as" or assumed | 11 | | name certification so long as the assumed name is first | 12 | | registered with the Department.
| 13 | | (c) No dealership shall operate a branch office without | 14 | | first applying for and receiving a branch office license for | 15 | | each location. The term "branch office" does not include a | 16 | | location at which the dealership conducts business | 17 | | temporarily, such as at a gun show.
| 18 | | (d) It is unlawful to obtain or attempt to obtain any | 19 | | license or authorization issued under this Act by fraudulent | 20 | | misrepresentation.
| 21 | | (e) A person who violates any provision of this Section is | 22 | | guilty of a Class A misdemeanor for a first violation, and a | 23 | | Class 4 felony for a second or subsequent violation. | 24 | | (f) In addition to any other penalty provided by law, any | 25 | | person or entity who violates any provision of this Section | 26 | | shall pay a civil penalty to the Department in an amount not to |
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| 1 | | exceed $10,000 for each offense as determined by the | 2 | | Department. The civil penalty shall be assessed by the | 3 | | Department after a hearing is held in accordance with the | 4 | | provisions set forth in this Act regarding the provision of a | 5 | | hearing for the discipline of a licensee.
| 6 | | (g) The Department has the authority and power to | 7 | | investigate any and all unlicensed activity.
| 8 | | (h) The civil penalty shall be paid within 60 days after | 9 | | the effective date of the order imposing the civil penalty. The | 10 | | order shall constitute a judgment and may be filed and | 11 | | execution had thereon in the same manner as any judgment from | 12 | | any court of record.
| 13 | | Section 15. Exemptions.
The provisions of this Act related | 14 | | to the licensure of dealers and dealerships do not apply to a | 15 | | person or other entity that engages in the following | 16 | | activities:
| 17 | | (1) transfers of less than 10 firearms within each calendar | 18 | | year;
| 19 | | (2) temporary transfers of firearms solely for use at the | 20 | | location or on the premises where the transfer takes place, | 21 | | such as transfers at a shooting range for use at that location;
| 22 | | (3) temporary transfers of firearms solely for use while in | 23 | | the presence of the transferor, such as transfers for the | 24 | | purposes of firearm safety training by a training instructor;
| 25 | | (4) transfers of firearms among immediate family or |
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| 1 | | household members, as "immediate family or household member" is | 2 | | defined in Section 3-2.7-10 of the Unified Code of Corrections; | 3 | | (5) transfers by persons or entities acting under operation | 4 | | of law or a court order; | 5 | | (6) transfers by persons or entities liquidating all or | 6 | | part of a collection. For purposes of this paragraph (6), | 7 | | "collection" means 2 or more firearms which are of special | 8 | | interest to collectors by reason of some quality other than is | 9 | | associated with firearms intended for sporting use or as | 10 | | offensive or defensive weapons; | 11 | | (7) transfers of firearms that have been rendered | 12 | | permanently inoperable to a nonprofit historical society, | 13 | | museum, or institutional collection; | 14 | | (8) transfers by a law enforcement or corrections agency or | 15 | | a law enforcement or corrections officer acting within the | 16 | | course and scope of his or her official duties; | 17 | | (9) transfers by a person who has his or her Firearm | 18 | | Owner's Identification Card revoked to a State or local law | 19 | | enforcement agency; | 20 | | (10) transfers of curios and relics, as defined under | 21 | | federal law, between collectors licensed under subsection (b) | 22 | | of Section 923 of the federal Gun Control Act of 1968; | 23 | | (11) transfers of firearms by a store in which 20% or less | 24 | | of that store's annual sales is from the sale of firearms; | 25 | | (12) transfers by a person or entity who is licensed as a | 26 | | manufacturer of firearms under Section 923 of Title 18 of the |
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| 1 | | United States Code to a person or entity who is licensed as a | 2 | | dealer or dealership under this Act, or to a person or entity | 3 | | who is licensed as a manufacturer, dealer, or importer of | 4 | | firearms under Section 923 of Title 18 of the United States | 5 | | Code; or | 6 | | (13) transfers of pieces or parts of a firearm that do not | 7 | | themselves qualify as firearms under paragraph (3) of | 8 | | subsection (a) of Section 921 of the federal Gun Control Act of | 9 | | 1968 by a person who is actually engaged in manufacturing and | 10 | | selling those pieces or parts but only on the activities which | 11 | | are within the lawful scope of that business, and who possesses | 12 | | a license as a manufacturer under subsection (a) of Section 923 | 13 | | of the federal Gun Control Act of 1968. | 14 | | Section 20. Powers and duties of the Department. Subject to | 15 | | the provisions of this Act, the Department shall exercise the | 16 | | following 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 | 4 | | members to be appointed by the Secretary. Each member shall | 5 | | have a reasonable knowledge of the federal and State laws | 6 | | regarding firearms. Each member shall either be a resident of | 7 | | this State or shall certify that he or she will become a | 8 | | resident of this State before taking office. The Board shall | 9 | | consist 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 | 25 | | their successors are appointed and qualified. Partial terms of |
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| 1 | | over 2 years in length shall be considered full terms. No | 2 | | member shall serve for more than 2 successive terms. Whenever a | 3 | | vacancy in the Board occurs, the remaining members of the Board | 4 | | shall notify the Secretary of that vacancy within 5 days after | 5 | | its occurrence and the Secretary shall fill the vacancy within | 6 | | 45 days. Appointments to fill vacancies shall be made in the | 7 | | same manner as the original appointments for the unexpired | 8 | | portion of the vacated term.
| 9 | | (c) The Secretary may recommend the removal of any member | 10 | | of the Board for cause at any time before the expiration of his | 11 | | or her term. A majority vote of the members is required for a | 12 | | decision to remove any member of the Board. A member subject to | 13 | | formal disciplinary proceedings shall disqualify himself or | 14 | | herself from all Board business until the charge is resolved. A | 15 | | member also shall disqualify himself or herself from any matter | 16 | | on which the member cannot act objectively.
| 17 | | (d) The Board shall annually elect one of its members as | 18 | | chairperson and one of its members as vice-chair.
| 19 | | (e) Members shall receive compensation as set by law. Each | 20 | | member shall receive reimbursement as set by the Governor's | 21 | | Travel Control Board for expenses incurred in carrying out the | 22 | | duties as a Board member.
| 23 | | (f) A majority of Board members constitutes a quorum. A | 24 | | majority vote of the members is required for a decision. A | 25 | | vacancy in the membership of the Board shall not impair the | 26 | | right of a quorum to exercise all of the rights and perform all |
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| 1 | | of the duties of the Board.
| 2 | | (g) The Board may recommend policies, procedures, and rules | 3 | | relevant 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 | 6 | | the Department.
| 7 | | (b) Every application for an original dealer license shall | 8 | | include the applicant's social security number, which shall be | 9 | | retained in the dealership's records pertaining to the license. | 10 | | As soon as practical, the Department shall assign a customer's | 11 | | identification number to each applicant for a license.
| 12 | | Every application for a renewal or restored license shall | 13 | | require the applicant's customer identification number. | 14 | | (c) Beginning January 1, 2018, the Department shall accept | 15 | | applications for dealership licenses and dealer licenses.
| 16 | | Section 35. Issuance of license; renewal; fees.
| 17 | | (a) The Department shall, upon the applicant's | 18 | | satisfactory completion of the requirements under this Act and | 19 | | receipt of the fee, issue the license indicating the name and | 20 | | business location of the licensee and the date of expiration. | 21 | | On or before December 31, 2018, the Department shall issue | 22 | | dealer and dealership licenses to all qualified applicants | 23 | | whose business existed in that location on the effective date | 24 | | of this Act, and who submitted the application to the |
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| 1 | | Department on or after January 1, 2018 but before October 1, | 2 | | 2018. If an applicant submits an application for a license | 3 | | before October 1, 2018 and the Department does not issue or | 4 | | deny the license on or before December 31, 2018, or the | 5 | | Department does not issue or deny a license within 90 days to | 6 | | an applicant who submits an application for a license or | 7 | | renewal of a license on October 1, 2018 or thereafter, the | 8 | | applicant or licensee shall not be in violation of this Act on | 9 | | the basis of continuing to operate the business. | 10 | | (b) The expiration date, renewal period, and conditions for | 11 | | renewal and restoration of each license shall be set by rule. | 12 | | The holder may renew the license during the 90 days preceding | 13 | | its expiration by paying the required fee and by meeting | 14 | | conditions that the Department may specify. As a condition of | 15 | | renewal of a dealer's license, the Department shall receive | 16 | | from the applicant a copy of his or her valid and unexpired | 17 | | concealed carry license, or shall verify the validity of the | 18 | | applicant's Firearm Owner's Identification Card through the | 19 | | Department of State Police in a manner prescribed by rule by | 20 | | the Department of State Police. A dealership or dealer | 21 | | operating on an expired license is considered to be practicing | 22 | | without a license.
| 23 | | (c) A dealership that has permitted a license to expire may | 24 | | have it restored by submitting an application to the | 25 | | Department, successfully completing an inspection by the | 26 | | Department, and by paying the required restoration fee and all |
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| 1 | | lapsed renewal fees. | 2 | | (d) A dealer that has permitted a license to expire may | 3 | | have it restored by submitting an application to the | 4 | | Department, paying the required restoration fee and all lapsed | 5 | | renewal fees and by providing evidence of competence to resume | 6 | | practice satisfactory to the Department and the Board, which | 7 | | shall include a copy of the license holder's valid and | 8 | | unexpired concealed carry license, or verification of the | 9 | | continued validity of the license holder's Firearm Owner's | 10 | | Identification Card through the Department of State Police in a | 11 | | manner prescribed by rule by the Department of State Police, | 12 | | and may include passing a written examination.
| 13 | | (e) Any dealer whose license has expired while he or she | 14 | | has been engaged (1) in the federal service in active duty with | 15 | | the Army of the United States, the United States Navy, the | 16 | | Marine Corps, the Air Force, the Coast Guard, or the State | 17 | | Militia called into the service or training of the United | 18 | | States of America, or (2) in training or education under the | 19 | | supervision of the United States preliminary to induction into | 20 | | the military service, may have his or her license restored | 21 | | without paying any lapsed renewal fees or restoration fee, if | 22 | | within 2 years after termination of that service, training or | 23 | | education, other than by dishonorable discharge, he or she | 24 | | furnishes the Department with an affidavit to the effect that | 25 | | he or she has been so engaged and that his or her service, | 26 | | training or education has been so terminated.
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| 1 | | (f) A license shall not be denied any applicant because of | 2 | | the race, religion, creed, national origin, political beliefs | 3 | | or activities, age, sex, sexual orientation, or physical | 4 | | disability that does not affect a person's ability to practice | 5 | | with 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 | 8 | | or 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 | 9 | | applicant before the Board to further evaluate his or her | 10 | | qualifications for a license.
| 11 | | Section 45. Qualifications for licensure as a dealership.
| 12 | | (a) Upon receipt of the required fee and the information | 13 | | listed in subsection (b) of this Section, the Department shall | 14 | | issue 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 | 25 | | information from each applicant for licensure as a dealership |
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| 1 | | under 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 | 11 | | one dealership. Upon written request by a representative of a | 12 | | dealership, within 10 days after the loss of a | 13 | | licensee-in-charge of a dealership because of the death of that | 14 | | individual or because of the termination of the employment of | 15 | | that individual, the Department shall issue a temporary | 16 | | certificate of authority allowing the continuing operation of | 17 | | the licensed dealership. No temporary certificate of authority | 18 | | shall be valid for more than 90 days. An extension of an | 19 | | additional 90 days may be granted upon written request by the | 20 | | representative of the dealership. Not more than 2 extensions | 21 | | may be granted to any dealership. No temporary permit shall be | 22 | | issued for loss of the licensee-in-charge because of | 23 | | disciplinary action by the Department related to his or her | 24 | | conduct on behalf of the dealership.
| 25 | | (d) The Department may request a personal interview of a | 26 | | gun dealership licensee-in-charge to evaluate the dealership's |
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| 1 | | qualifications for a license.
| 2 | | Section 50. Display of license. Each licensee shall | 3 | | prominently display his or her individual, agency, or branch | 4 | | office license at each place where business is being conducted, | 5 | | as required under this Act. A licensee-in-charge is required to | 6 | | post his or her license only at the dealership office. | 7 | | Section 55. Requirements; prohibitions.
| 8 | | (a) The Department of Financial and Professional | 9 | | Regulation shall implement the provisions of this Section by | 10 | | rule.
| 11 | | (b) A licensee shall maintain operating documents which | 12 | | shall include procedures for the oversight of the licensee and | 13 | | procedures to ensure accurate recordkeeping.
| 14 | | (c) By the date of application, a licensee shall implement | 15 | | appropriate security measures, as provided by rule, to deter | 16 | | and prevent the theft of firearms and unauthorized entrance | 17 | | into 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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| 1 | | inventory of the licensee shall only be accessed by dealership | 2 | | agents, Department of Financial and Professional Regulation | 3 | | staff performing inspections, law enforcement or other | 4 | | emergency personnel, and contractors working on jobs unrelated | 5 | | to firearms, such as installing or maintaining security devices | 6 | | or performing electrical wiring.
| 7 | | (e) A licensee shall operate its business and conduct all | 8 | | sales and transfers of firearms or in compliance with all | 9 | | federal and State laws, and maintain all records as required by | 10 | | federal and State laws.
| 11 | | (f) A licensee shall not allow any person to handle | 12 | | firearms while intoxicated.
| 13 | | (g) A licensee shall post in a conspicuous position on the | 14 | | premises where the licensee conducts business a sign that | 15 | | contains the following warning in block letters not less than | 16 | | one 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 | 26 | | any other information regarding firearms laws and the safe |
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| 1 | | storage of firearms to consumers as required by the Department | 2 | | by rule.
| 3 | | (h) Before issuance, renewal, or restoration of a | 4 | | dealership license, the Department shall inspect the premises | 5 | | of the proposed business to ensure compliance with this Act. | 6 | | Licensees shall have their places of business open for | 7 | | inspection by the Department and law enforcement during all | 8 | | hours of operation, provided that the Department may conduct no | 9 | | more than one unannounced inspection per dealer or dealership | 10 | | per year without good cause. Licensees shall make all records, | 11 | | documents, and firearms accessible for inspection upon the | 12 | | request of law enforcement and the Department.
| 13 | | (i) The premises where the licensee conducts business shall | 14 | | not be located in any district or area that is within 500 feet | 15 | | of any school, pre-school, or day-care facility. This | 16 | | subsection (i) does not apply to a licensee whose business | 17 | | existed in that location on the effective date of this Act, and | 18 | | does not limit the authority of a local government to impose | 19 | | and enforce additional limits on the location of a business | 20 | | regulated under this Act. | 21 | | Section 60. Dealership agent requirements. A licensed | 22 | | dealership may employ in the conduct of his or her business | 23 | | dealership agents under the following provisions: | 24 | | (1) A dealership shall not knowingly allow a person to have | 25 | | unsupervised access to firearms in the inventory of the |
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| 1 | | dealership 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 | 13 | | Section until he or she has executed and furnished to the | 14 | | employer, on forms furnished by the Department, a verified | 15 | | statement to be known as "Dealership Agent's Statement" setting | 16 | | forth: | 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 |
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| 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 | 5 | | shall provide a copy of his or her valid and unexpired | 6 | | concealed carry license, or have the validity of his or her | 7 | | Firearm Owner's Identification Card confirmed by the | 8 | | dealership through the Department of State Police in a manner | 9 | | prescribed by rule by the Department of State Police. The | 10 | | Department of State Police shall provide the dealership with an | 11 | | approval number if the Firearm Owner's Identification Card is | 12 | | currently valid. | 13 | | (4) As part of an application for renewal or restoration of | 14 | | a dealership license, the dealership shall confirm the validity | 15 | | of the Firearm Owner's Identification Card of each dealership | 16 | | agent employed by the dealership, and record the unique | 17 | | approval number provided by the Department of State Police in | 18 | | the record maintained under paragraph (5) of this Section, | 19 | | provided that a dealership shall not be required to confirm the | 20 | | validity of the Firearm Owner's Identification Card of a | 21 | | dealership agent if the dealership has already confirmed the | 22 | | validity of the dealership agent's Firearm Owner's | 23 | | Identification Card within the last 6 months or the dealership | 24 | | agent has provided the dealership with a copy of his or her | 25 | | valid and unexpired concealed carry license within the last 6 | 26 | | months.
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| 1 | | (5) Each dealership shall maintain a record of each | 2 | | dealership agent that is accessible to the Department. The | 3 | | record 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 | 14 | | the names of all dealership agents and submit the roster to the | 15 | | Department on request. | 16 | | (7) No dealership may employ any person to perform a | 17 | | licensed activity under this Act unless the person possesses a | 18 | | valid dealer license under this Act or the requirements of this | 19 | | Section are met, or the person is exempt under paragraph (8) of | 20 | | this Section.
| 21 | | (8) Peace officers shall be exempt from the requirements of | 22 | | this Section relating to Firearm Owner's Identification Cards | 23 | | and concealed carry licenses. The dealership shall remain | 24 | | responsible for any peace officer employed under this | 25 | | exemption, regardless of whether the peace officer is | 26 | | compensated as an employee or as an independent contractor and |
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| 1 | | as further defined by rule. | 2 | | (9) Persons who have no unsupervised access to firearms in | 3 | | the inventory of a dealership or confidential or security | 4 | | information are exempt from the requirements of a dealership | 5 | | agent. | 6 | | (10) This Section shall apply to unpaid or paid volunteers | 7 | | or other agents of the dealership who will have access to or | 8 | | control over firearms in the inventory of the dealership or | 9 | | confidential or security information, just as it applies to | 10 | | paid employees.
| 11 | | Section 65. Employment requirement.
A dealership licensed | 12 | | under this Act is prohibited from evading or attempting to | 13 | | evade the requirements for dealership agents under this Act by | 14 | | engaging a contractor or independent contractor to perform the | 15 | | activities of a dealer or dealership agent, unless that person | 16 | | is licensed under this Act. | 17 | | Section 70. Disciplinary sanctions.
| 18 | | (a) The Department may deny issuance, refuse to renew, or | 19 | | restore or may reprimand, place on probation, suspend, revoke, | 20 | | or take other disciplinary or non-disciplinary action against | 21 | | any license, may impose a fine not to exceed $10,000 for each | 22 | | violation, and may assess costs as provided for under Section | 23 | | 135, for any of the following, consistent with the Protection | 24 | | of Lawful Commerce in Arms Act, 15 U.S.C. 7901 through 7903 or |
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| 1 | | amendments 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 |
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| 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 |
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| 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 | 11 | | within 60 days after the effective date of the order imposing | 12 | | the fine.
| 13 | | Section 75. Suspension or revocation of dealership agent | 14 | | authority.
| 15 | | (a) Dealership agents shall be subject to the disciplinary | 16 | | sanctions of this Act and shall otherwise comply with this Act | 17 | | and the rules adopted under it. Notwithstanding any other | 18 | | provision in this Act to the contrary, dealership agents shall | 19 | | not be responsible for compliance with any requirement that | 20 | | this Act assigns to the dealership or the licensee-in-charge | 21 | | regardless of the agent's job title, job duties, or position in | 22 | | the dealership. The procedures for disciplining a licensee | 23 | | shall also apply in taking action against a dealership agent.
| 24 | | (b) The revocation of a dealer's or dealership agent's | 25 | | Firearm Owner's Identification Card or concealed carry |
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| 1 | | license, if applicable, operates as an automatic suspension of | 2 | | the dealer license or dealership agent's authority under this | 3 | | Act. The suspension will end only upon the issuance by the | 4 | | Department of State Police of a new Firearm Owner's | 5 | | Identification Card or concealed carry license to the dealer or | 6 | | dealership agent. | 7 | | Section 80. Returned checks; fines. Any person who delivers | 8 | | a check or other payment to the Department that is returned to | 9 | | the Department unpaid by the financial institution upon which | 10 | | it is drawn shall pay to the Department, in addition to the | 11 | | amount already owed to the Department, a fine of $50. The fines | 12 | | imposed by this Section are in addition to any other discipline | 13 | | provided under this Act for unlicensed business or business on | 14 | | a nonrenewed license. The Department shall notify the person | 15 | | that payment of fees and fines shall be paid to the Department | 16 | | by certified check or money order within 30 calendar days of | 17 | | the notification. If, after the expiration of 30 days from the | 18 | | date of the notification, the person has failed to submit the | 19 | | necessary remittance, the Department shall automatically | 20 | | terminate the license or deny the application, without hearing. | 21 | | If, after termination or denial, the person seeks a license, he | 22 | | or she shall apply to the Department for restoration or | 23 | | issuance of the license and pay all fees and fines due to the | 24 | | Department. The Department may establish a fee for the | 25 | | processing of an application for restoration of a license to |
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| 1 | | pay all expenses of processing this application. The Secretary | 2 | | may waive the fines due under this Section in individual cases | 3 | | if the Secretary finds that the fines would be unreasonable or | 4 | | unnecessarily burdensome. | 5 | | Section 85. Statute of limitations. No action may be taken | 6 | | under this Act against a person or entity licensed under this | 7 | | Act unless the action is commenced within 5 years after the | 8 | | occurrence of the alleged violations. A continuing violation | 9 | | shall be deemed to have occurred on the date when the | 10 | | circumstances last existed that give rise to the alleged | 11 | | violation. | 12 | | Section 90. Complaints; investigations; hearings.
| 13 | | (a) The Department may investigate the actions of any | 14 | | applicant or of any person or persons holding or claiming to | 15 | | hold a license or registration under this Act.
| 16 | | (b) The Department shall, before disciplining a licensee | 17 | | under Section 115 or refusing to issue or license, at least 30 | 18 | | days before the date set for the hearing, (i) notify the | 19 | | accused in writing of the charges made and the time and place | 20 | | for the hearing on the charges, (ii) direct him or her to file | 21 | | a written answer to the charges under oath within 20 days after | 22 | | service, and (iii) inform the applicant or licensee that | 23 | | failure to answer will result in a default being entered | 24 | | against the applicant or licensee.
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| 1 | | (c) At the time and place fixed in the notice, the Board or | 2 | | the hearing officer appointed by the Secretary shall proceed to | 3 | | hear the charges, and the parties or their counsel shall be | 4 | | accorded ample opportunity to present any pertinent | 5 | | statements, testimony, evidence, and arguments. The Board or | 6 | | hearing officer may continue the hearing from time to time. In | 7 | | case the person, after receiving the notice, fails to file an | 8 | | answer, his or her license may, in the discretion of the | 9 | | Secretary, having first received the recommendation of the | 10 | | Board, be suspended, revoked, or placed on probationary status, | 11 | | or be subject to whatever disciplinary action the Secretary | 12 | | considers proper, including limiting the scope, nature, or | 13 | | extent of the person's business or the imposition of a fine, | 14 | | without hearing, if the act or acts charged constitute | 15 | | sufficient grounds for that action under this Act.
| 16 | | (d) The written notice and any notice in the subsequent | 17 | | proceeding may be served by certified mail to the licensee's | 18 | | address of record.
| 19 | | (e) The Secretary has the authority to appoint any attorney | 20 | | licensed to practice law in this State to serve as the hearing | 21 | | officer in any action for refusal to issue, restore, or renew a | 22 | | license or to discipline a licensee. The hearing officer has | 23 | | full authority to conduct the hearing.
| 24 | | Section 95. Hearing; rehearing.
| 25 | | (a) The Board or the hearing officer authorized by the |
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| 1 | | Department shall hear evidence in support of the formal charges | 2 | | and evidence produced by the licensee. At the conclusion of the | 3 | | hearing, the Board shall present to the Secretary a written | 4 | | report of its findings of fact, conclusions of law, and | 5 | | recommendations. The report shall contain a finding of whether | 6 | | the accused person violated this Act or failed to comply with | 7 | | the conditions required in this Act. The Board shall specify | 8 | | the nature of the violation or failure to comply and shall make | 9 | | its recommendation to the Secretary.
| 10 | | (b) At the conclusion of the hearing, a copy of the Board | 11 | | or hearing officer's report shall be served upon the applicant | 12 | | or licensee by the Department, either personally or as provided | 13 | | in this Act for the service of a notice of hearing. Within 20 | 14 | | calendar days after service, the applicant or licensee may | 15 | | present to the Department a motion in writing for a rehearing, | 16 | | which shall specify the particular grounds for rehearing. The | 17 | | Department may respond to the motion for rehearing within 20 | 18 | | calendar days after its service on the Department. If no motion | 19 | | for rehearing is filed, then upon the expiration of the time | 20 | | specified for filing such a motion, or upon denial of a motion | 21 | | for rehearing, the Secretary may enter an order in accordance | 22 | | with the recommendations of the Board or hearing officer. If | 23 | | the applicant or licensee orders from the reporting service and | 24 | | pays for a transcript of the record within the time for filing | 25 | | a motion for rehearing, the 20-day period within which a motion | 26 | | may be filed shall commence upon the delivery of the transcript |
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| 1 | | to the applicant or licensee.
| 2 | | (c) Whenever the Secretary is not satisfied that | 3 | | substantial justice has been done, the Secretary may order a | 4 | | rehearing by the same or another hearing officer.
| 5 | | (d) All proceedings under this Section are matters of | 6 | | public record and shall be preserved.
| 7 | | (e) The dealer or dealership may continue to operate as a | 8 | | dealer or dealership during the course of an investigation or | 9 | | hearing, unless the Secretary finds that the public interest, | 10 | | safety, or welfare requires an emergency action. | 11 | | (f) Upon the suspension or revocation of a license, the | 12 | | licensee shall surrender the license to the Department and, | 13 | | upon failure to do so, the Department shall seize the same.
| 14 | | Section 100. Disposition by consent order. At any point in | 15 | | any investigation or disciplinary proceeding provided for in | 16 | | the Act, both parties may agree to a negotiated consent order. | 17 | | The consent order shall be final upon signature of the | 18 | | Secretary. | 19 | | Section 105. Restoration of license after disciplinary | 20 | | proceedings. At any time after the successful completion of a | 21 | | term of indefinite probation, indefinite suspension, or | 22 | | revocation of a license, the Department may restore it to the | 23 | | licensee, unless, after an investigation and a hearing, the | 24 | | Secretary determines that restoration is not in the public |
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| 1 | | interest. No person or entity whose license, card, or authority | 2 | | has been revoked as authorized in this Act may apply for | 3 | | restoration of that license, registration, or authority until | 4 | | such time as provided for in the Civil Administrative Code of | 5 | | Illinois. | 6 | | Section 110. Injunction; cease and desist orders.
| 7 | | (a) Upon the filing of a verified petition in court, if | 8 | | satisfied by affidavit or otherwise that the person, firm, | 9 | | corporation, or other legal entity is or has been conducting | 10 | | activities in violation of this Act, the court may enter a | 11 | | temporary restraining order or preliminary injunction, without | 12 | | bond, enjoining the defendant from further activity. A copy of | 13 | | the verified complaint shall be served upon the defendant and | 14 | | the proceedings shall be conducted as in civil cases. If it is | 15 | | established the defendant has been or is conducting activities | 16 | | in violation of this Act, the court may enter a judgment | 17 | | enjoining the defendant from that activity. In case of | 18 | | violation of any injunctive order or judgment entered under | 19 | | this Section, the court may punish the offender for contempt of | 20 | | court. Injunctive proceedings shall be in addition to all other | 21 | | penalties under this Act.
| 22 | | (b) If any person has engaged in the business of selling, | 23 | | leasing, or otherwise transferring firearms without having a | 24 | | valid license under this Act, then any licensee, any interested | 25 | | party, or any person injured thereby may, in addition to the |
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| 1 | | Secretary, petition for relief as provided in subsection (a) of | 2 | | this Section.
| 3 | | (c) Whenever the Department has reason to believe a person, | 4 | | firm, corporation, or other legal entity has violated any | 5 | | provision of this Act, the Department may issue a rule to show | 6 | | cause why an order to cease and desist should not be entered | 7 | | against that person, firm, corporation, or other legal entity. | 8 | | The rule shall clearly set forth the grounds relied upon by the | 9 | | Department and shall provide a period of 7 days from the date | 10 | | of the rule to file an answer to the satisfaction of the | 11 | | Department. Failure to answer to the satisfaction of the | 12 | | Department shall cause an order to cease and desist to be | 13 | | issued immediately.
| 14 | | Section 115. Administrative review. All final | 15 | | administrative decisions of the Department are subject to | 16 | | judicial review under Article III of the Code of Civil | 17 | | Procedure. The term "administrative decision" is defined as in | 18 | | Section 3-101 of the Code of Civil Procedure. The proceedings | 19 | | for judicial review shall be commenced in the circuit court of | 20 | | the county in which the party applying for review resides; but | 21 | | if the party is not a resident of this State, the venue shall | 22 | | be in Sangamon County. The Department shall not be required to | 23 | | certify any record to the court or file any answer in court or | 24 | | otherwise appear in any court in a judicial review proceeding, | 25 | | unless and until the Department has received from the plaintiff |
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| 1 | | payment of the costs of furnishing and certifying the record, | 2 | | which costs shall be determined by the Department. Exhibits | 3 | | shall be certified without cost. Failure on the part of the | 4 | | applicant or licensee to file a receipt in court is grounds for | 5 | | dismissal of the action. | 6 | | Section 120. Prima facie proof. | 7 | | (a) An order or a certified copy thereof, over the seal of | 8 | | the Department and purporting to be signed by the Secretary, is | 9 | | prima facie proof that the signature is that of the Secretary, | 10 | | and the Secretary is qualified to act. | 11 | | (b) A certified copy of a record of the Department shall, | 12 | | without further proof, be admitted into evidence in any legal | 13 | | proceeding, and shall be prima facie correct and prima facie | 14 | | evidence of the information contained therein.
| 15 | | Section 125. Subpoenas.
| 16 | | (a) The Department may subpoena and bring before it any | 17 | | person to take the oral or written testimony or compel the | 18 | | production of any books, papers, records, or any other | 19 | | documents that the Secretary or his or her designee deems | 20 | | relevant or material to any such investigation or hearing | 21 | | conducted by the Department with the same fees and in the same | 22 | | manner as prescribed in civil cases in the courts of this | 23 | | State.
| 24 | | (b) Any circuit court, upon the application of the |
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| 1 | | applicant, licensee, or Department, may order the attendance | 2 | | and testimony of witnesses and the production of relevant | 3 | | documents, files, records, books, and papers in connection with | 4 | | any hearing or investigation. The circuit court may compel | 5 | | obedience to its order by proceedings for contempt.
| 6 | | (c) The Secretary, the hearing officer, any member of the | 7 | | Board, or a certified shorthand court reporter may administer | 8 | | oaths at any hearing the Department conducts. Notwithstanding | 9 | | any other statute or Department rule to the contrary, all | 10 | | requests for testimony, production of documents or records | 11 | | shall be in accordance with this Act.
| 12 | | Section 130. Stenographers. The Department, at its | 13 | | expense, shall preserve the record of all proceedings at a | 14 | | formal hearing of any case. The notice of hearing, complaint, | 15 | | all other documents in the nature of pleadings and written | 16 | | motions filed in the proceedings, the transcript of testimony, | 17 | | the report of the Board and orders of the Department shall be | 18 | | in the record of the proceedings. | 19 | | Section 135. Fees; deposit of fees and fines. The | 20 | | Department shall by rule provide for fees for the | 21 | | administration and enforcement of this Act, and those fees are | 22 | | nonrefundable. All of the fees, penalties, and fines collected | 23 | | under this Act shall be deposited into the General Professions | 24 | | Dedicated Fund and shall be appropriated to the Department for |
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| 1 | | the ordinary and contingent expenses of the Department in the | 2 | | administration and enforcement of this Act. | 3 | | Section 140. Illinois Administrative Procedure Act; | 4 | | application. | 5 | | (a) All rules required under this Act shall be adopted in | 6 | | accordance with Article 5 of the Illinois Administrative | 7 | | Procedure Act. | 8 | | (b) Article 10 of the Illinois Administrative Procedure Act | 9 | | is expressly adopted and incorporated in this Act as if all of | 10 | | the provisions of that Article were included in this Act, | 11 | | except that the provision of paragraph (d) of Section 10-65 of | 12 | | the Illinois Administrative Procedure Act, which provides that | 13 | | at hearings the registrant or licensee has the right to show | 14 | | compliance with all lawful requirements for retention or | 15 | | continuation or renewal of the license, is specifically | 16 | | excluded. For the purpose of this Act, the notice required | 17 | | under Section 10-25 of the Illinois Administrative Procedure | 18 | | Act is considered sufficient when mailed to the address of | 19 | | record of a party. | 20 | | Section 145. Confidentiality. All information collected by | 21 | | the Department in the course of an examination or investigation | 22 | | of a licensee or applicant, including, but not limited to, any | 23 | | complaint against a licensee filed with the Department and | 24 | | information collected to investigate any such complaint, shall |
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| 1 | | be maintained for the confidential use of the Department and | 2 | | shall not be disclosed. The Department shall not disclose the | 3 | | information to anyone other than law enforcement officials, | 4 | | regulatory agencies that have an appropriate regulatory | 5 | | interest as determined by the Secretary, or a party presenting | 6 | | a lawful subpoena to the Department. Information and documents | 7 | | disclosed to a federal, State, county, or local law enforcement | 8 | | agency shall not be disclosed by the agency for any purpose to | 9 | | any other agency or person. A formal complaint filed against a | 10 | | licensee by the Department or any order issued by the | 11 | | Department against a licensee or applicant shall be a public | 12 | | record, except as otherwise prohibited by law.
| 13 | | Section 150. Rules. The Department shall adopt rules | 14 | | necessary to implement the provisions of this Act no later than | 15 | | 180 days after the effective date of this Act. The Department | 16 | | may adopt rules necessary to implement the provisions of this | 17 | | Act through the use of emergency rulemaking in accordance with | 18 | | Section 5-45 of the Illinois Administrative Procedure Act for a | 19 | | period not to exceed 180 days after the effective date of this | 20 | | Act. | 21 | | Section 900. The Regulatory Sunset Act is amended by | 22 | | changing Section 4.37 as follows: | 23 | | (5 ILCS 80/4.37) |
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| 1 | | Sec. 4.37. Acts repealed on January 1, 2027. The following | 2 | | Acts 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 | 7 | | amended 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 | 11 | | any agency
finds reasonably constitutes a threat to the public | 12 | | interest, safety, or
welfare. | 13 | | (b) If any agency finds that an
emergency exists that | 14 | | requires adoption of a rule upon fewer days than
is required by | 15 | | Section 5-40 and states in writing its reasons for that
| 16 | | finding, the agency may adopt an emergency rule without prior | 17 | | notice or
hearing upon filing a notice of emergency rulemaking | 18 | | with the Secretary of
State under Section 5-70. The notice | 19 | | shall include the text of the
emergency rule and shall be | 20 | | published in the Illinois Register. Consent
orders or other | 21 | | court orders adopting settlements negotiated by an agency
may | 22 | | be adopted under this Section. Subject to applicable | 23 | | constitutional or
statutory provisions, an emergency rule | 24 | | becomes effective immediately upon
filing under Section 5-65 or |
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| 1 | | at a stated date less than 10 days
thereafter. The agency's | 2 | | finding and a statement of the specific reasons
for the finding | 3 | | shall be filed with the rule. The agency shall take
reasonable | 4 | | and appropriate measures to make emergency rules known to the
| 5 | | persons who may be affected by them. | 6 | | (c) An emergency rule may be effective for a period of not | 7 | | longer than
150 days, but the agency's authority to adopt an | 8 | | identical rule under Section
5-40 is not precluded. No | 9 | | emergency rule may be adopted more
than once in any 24-month 24 | 10 | | month period, except that this limitation on the number
of | 11 | | emergency rules that may be adopted in a 24-month 24 month | 12 | | period does not apply
to (i) emergency rules that make | 13 | | additions to and deletions from the Drug
Manual under Section | 14 | | 5-5.16 of the Illinois Public Aid Code or the
generic drug | 15 | | formulary under Section 3.14 of the Illinois Food, Drug
and | 16 | | Cosmetic Act, (ii) emergency rules adopted by the Pollution | 17 | | Control
Board before July 1, 1997 to implement portions of the | 18 | | Livestock Management
Facilities Act, (iii) emergency rules | 19 | | adopted by the Illinois Department of Public Health under | 20 | | subsections (a) through (i) of Section 2 of the Department of | 21 | | Public Health Act when necessary to protect the public's | 22 | | health, (iv) emergency rules adopted pursuant to subsection (n) | 23 | | of this Section, (v) emergency rules adopted pursuant to | 24 | | subsection (o) of this Section, or (vi) emergency rules adopted | 25 | | pursuant to subsection (c-5) of this Section. Two or more | 26 | | emergency rules having substantially the same
purpose and |
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| 1 | | effect shall be deemed to be a single rule for purposes of this
| 2 | | Section. | 3 | | (c-5) To facilitate the maintenance of the program of group | 4 | | health benefits provided to annuitants, survivors, and retired | 5 | | employees under the State Employees Group Insurance Act of | 6 | | 1971, rules to alter the contributions to be paid by the State, | 7 | | annuitants, survivors, retired employees, or any combination | 8 | | of those entities, for that program of group health benefits, | 9 | | shall be adopted as emergency rules. The adoption of those | 10 | | rules shall be considered an emergency and necessary for the | 11 | | public interest, safety, and welfare. | 12 | | (d) In order to provide for the expeditious and timely | 13 | | implementation
of the State's fiscal year 1999 budget, | 14 | | emergency rules to implement any
provision of Public Act 90-587 | 15 | | or 90-588
or any other budget initiative for fiscal year 1999 | 16 | | may be adopted in
accordance with this Section by the agency | 17 | | charged with administering that
provision or initiative, | 18 | | except that the 24-month limitation on the adoption
of | 19 | | emergency rules and the provisions of Sections 5-115 and 5-125 | 20 | | do not apply
to rules adopted under this subsection (d). The | 21 | | adoption of emergency rules
authorized by this subsection (d) | 22 | | shall be deemed to be necessary for the
public interest, | 23 | | safety, and welfare. | 24 | | (e) In order to provide for the expeditious and timely | 25 | | implementation
of the State's fiscal year 2000 budget, | 26 | | emergency rules to implement any
provision of Public Act 91-24
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| 1 | | or any other budget initiative for fiscal year 2000 may be | 2 | | adopted in
accordance with this Section by the agency charged | 3 | | with administering that
provision or initiative, except that | 4 | | the 24-month limitation on the adoption
of emergency rules and | 5 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 6 | | rules adopted under this subsection (e). The adoption of | 7 | | emergency rules
authorized by this subsection (e) shall be | 8 | | deemed to be necessary for the
public interest, safety, and | 9 | | welfare. | 10 | | (f) In order to provide for the expeditious and timely | 11 | | implementation
of the State's fiscal year 2001 budget, | 12 | | emergency rules to implement any
provision of Public Act 91-712
| 13 | | or any other budget initiative for fiscal year 2001 may be | 14 | | adopted in
accordance with this Section by the agency charged | 15 | | with administering that
provision or initiative, except that | 16 | | the 24-month limitation on the adoption
of emergency rules and | 17 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 18 | | rules adopted under this subsection (f). The adoption of | 19 | | emergency rules
authorized by this subsection (f) shall be | 20 | | deemed to be necessary for the
public interest, safety, and | 21 | | welfare. | 22 | | (g) In order to provide for the expeditious and timely | 23 | | implementation
of the State's fiscal year 2002 budget, | 24 | | emergency rules to implement any
provision of Public Act 92-10
| 25 | | or any other budget initiative for fiscal year 2002 may be | 26 | | adopted in
accordance with this Section by the agency charged |
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| 1 | | with administering that
provision or initiative, except that | 2 | | the 24-month limitation on the adoption
of emergency rules and | 3 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 4 | | rules adopted under this subsection (g). The adoption of | 5 | | emergency rules
authorized by this subsection (g) shall be | 6 | | deemed to be necessary for the
public interest, safety, and | 7 | | welfare. | 8 | | (h) In order to provide for the expeditious and timely | 9 | | implementation
of the State's fiscal year 2003 budget, | 10 | | emergency rules to implement any
provision of Public Act 92-597
| 11 | | or any other budget initiative for fiscal year 2003 may be | 12 | | adopted in
accordance with this Section by the agency charged | 13 | | with administering that
provision or initiative, except that | 14 | | the 24-month limitation on the adoption
of emergency rules and | 15 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 16 | | rules adopted under this subsection (h). The adoption of | 17 | | emergency rules
authorized by this subsection (h) shall be | 18 | | deemed to be necessary for the
public interest, safety, and | 19 | | welfare. | 20 | | (i) In order to provide for the expeditious and timely | 21 | | implementation
of the State's fiscal year 2004 budget, | 22 | | emergency rules to implement any
provision of Public Act 93-20
| 23 | | or any other budget initiative for fiscal year 2004 may be | 24 | | adopted in
accordance with this Section by the agency charged | 25 | | with administering that
provision or initiative, except that | 26 | | the 24-month limitation on the adoption
of emergency rules and |
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| 1 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 2 | | rules adopted under this subsection (i). The adoption of | 3 | | emergency rules
authorized by this subsection (i) shall be | 4 | | deemed to be necessary for the
public interest, safety, and | 5 | | welfare. | 6 | | (j) In order to provide for the expeditious and timely | 7 | | implementation of the provisions of the State's fiscal year | 8 | | 2005 budget as provided under the Fiscal Year 2005 Budget | 9 | | Implementation (Human Services) Act, emergency rules to | 10 | | implement any provision of the Fiscal Year 2005 Budget | 11 | | Implementation (Human Services) Act may be adopted in | 12 | | accordance with this Section by the agency charged with | 13 | | administering that provision, except that the 24-month | 14 | | limitation on the adoption of emergency rules and the | 15 | | provisions of Sections 5-115 and 5-125 do not apply to rules | 16 | | adopted under this subsection (j). The Department of Public Aid | 17 | | may also adopt rules under this subsection (j) necessary to | 18 | | administer the Illinois Public Aid Code and the Children's | 19 | | Health Insurance Program Act. The adoption of emergency rules | 20 | | authorized by this subsection (j) shall be deemed to be | 21 | | necessary for the public interest, safety, and welfare.
| 22 | | (k) In order to provide for the expeditious and timely | 23 | | implementation of the provisions of the State's fiscal year | 24 | | 2006 budget, emergency rules to implement any provision of | 25 | | Public Act 94-48 or any other budget initiative for fiscal year | 26 | | 2006 may be adopted in accordance with this Section by the |
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| 1 | | agency charged with administering that provision or | 2 | | initiative, except that the 24-month limitation on the adoption | 3 | | of emergency rules and the provisions of Sections 5-115 and | 4 | | 5-125 do not apply to rules adopted under this subsection (k). | 5 | | The Department of Healthcare and Family Services may also adopt | 6 | | rules under this subsection (k) necessary to administer the | 7 | | Illinois Public Aid Code, the Senior Citizens and Persons with | 8 | | Disabilities Property Tax Relief Act, the Senior Citizens and | 9 | | Disabled Persons Prescription Drug Discount Program Act (now | 10 | | the Illinois Prescription Drug Discount Program Act), and the | 11 | | Children's Health Insurance Program Act. The adoption of | 12 | | emergency rules authorized by this subsection (k) shall be | 13 | | deemed to be necessary for the public interest, safety, and | 14 | | welfare.
| 15 | | (l) In order to provide for the expeditious and timely | 16 | | implementation of the provisions of the
State's fiscal year | 17 | | 2007 budget, the Department of Healthcare and Family Services | 18 | | may adopt emergency rules during fiscal year 2007, including | 19 | | rules effective July 1, 2007, in
accordance with this | 20 | | subsection to the extent necessary to administer the | 21 | | Department's responsibilities with respect to amendments to | 22 | | the State plans and Illinois waivers approved by the federal | 23 | | Centers for Medicare and Medicaid Services necessitated by the | 24 | | requirements of Title XIX and Title XXI of the federal Social | 25 | | Security Act. The adoption of emergency rules
authorized by | 26 | | this subsection (l) shall be deemed to be necessary for the |
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| 1 | | public interest,
safety, and welfare.
| 2 | | (m) In order to provide for the expeditious and timely | 3 | | implementation of the provisions of the
State's fiscal year | 4 | | 2008 budget, the Department of Healthcare and Family Services | 5 | | may adopt emergency rules during fiscal year 2008, including | 6 | | rules effective July 1, 2008, in
accordance with this | 7 | | subsection to the extent necessary to administer the | 8 | | Department's responsibilities with respect to amendments to | 9 | | the State plans and Illinois waivers approved by the federal | 10 | | Centers for Medicare and Medicaid Services necessitated by the | 11 | | requirements of Title XIX and Title XXI of the federal Social | 12 | | Security Act. The adoption of emergency rules
authorized by | 13 | | this subsection (m) shall be deemed to be necessary for the | 14 | | public interest,
safety, and welfare.
| 15 | | (n) In order to provide for the expeditious and timely | 16 | | implementation of the provisions of the State's fiscal year | 17 | | 2010 budget, emergency rules to implement any provision of | 18 | | Public Act 96-45 or any other budget initiative authorized by | 19 | | the 96th General Assembly for fiscal year 2010 may be adopted | 20 | | in accordance with this Section by the agency charged with | 21 | | administering that provision or initiative. The adoption of | 22 | | emergency rules authorized by this subsection (n) shall be | 23 | | deemed to be necessary for the public interest, safety, and | 24 | | welfare. The rulemaking authority granted in this subsection | 25 | | (n) shall apply only to rules promulgated during Fiscal Year | 26 | | 2010. |
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| 1 | | (o) In order to provide for the expeditious and timely | 2 | | implementation of the provisions of the State's fiscal year | 3 | | 2011 budget, emergency rules to implement any provision of | 4 | | Public Act 96-958 or any other budget initiative authorized by | 5 | | the 96th General Assembly for fiscal year 2011 may be adopted | 6 | | in accordance with this Section by the agency charged with | 7 | | administering that provision or initiative. The adoption of | 8 | | emergency rules authorized by this subsection (o) is deemed to | 9 | | be necessary for the public interest, safety, and welfare. The | 10 | | rulemaking authority granted in this subsection (o) applies | 11 | | only to rules promulgated on or after July 1, 2010 ( the | 12 | | effective date of Public Act 96-958 ) through June 30, 2011. | 13 | | (p) In order to provide for the expeditious and timely | 14 | | implementation of the provisions of Public Act 97-689, | 15 | | emergency rules to implement any provision of Public Act 97-689 | 16 | | may be adopted in accordance with this subsection (p) by the | 17 | | agency charged with administering that provision or | 18 | | initiative. The 150-day limitation of the effective period of | 19 | | emergency rules does not apply to rules adopted under this | 20 | | subsection (p), and the effective period may continue through | 21 | | June 30, 2013. The 24-month limitation on the adoption of | 22 | | emergency rules does not apply to rules adopted under this | 23 | | subsection (p). The adoption of emergency rules authorized by | 24 | | this subsection (p) is deemed to be necessary for the public | 25 | | interest, safety, and welfare. | 26 | | (q) In order to provide for the expeditious and timely |
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| 1 | | implementation of the provisions of Articles 7, 8, 9, 11, and | 2 | | 12 of Public Act 98-104, emergency rules to implement any | 3 | | provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 | 4 | | may be adopted in accordance with this subsection (q) by the | 5 | | agency charged with administering that provision or | 6 | | initiative. The 24-month limitation on the adoption of | 7 | | emergency rules does not apply to rules adopted under this | 8 | | subsection (q). The adoption of emergency rules authorized by | 9 | | this subsection (q) is deemed to be necessary for the public | 10 | | interest, safety, and welfare. | 11 | | (r) In order to provide for the expeditious and timely | 12 | | implementation of the provisions of Public Act 98-651, | 13 | | emergency rules to implement Public Act 98-651 may be adopted | 14 | | in accordance with this subsection (r) by the Department of | 15 | | Healthcare and Family Services. The 24-month limitation on the | 16 | | adoption of emergency rules does not apply to rules adopted | 17 | | under this subsection (r). The adoption of emergency rules | 18 | | authorized by this subsection (r) is deemed to be necessary for | 19 | | the public interest, safety, and welfare. | 20 | | (s) In order to provide for the expeditious and timely | 21 | | implementation of the provisions of Sections 5-5b.1 and 5A-2 of | 22 | | the Illinois Public Aid Code, emergency rules to implement any | 23 | | provision of Section 5-5b.1 or Section 5A-2 of the Illinois | 24 | | Public Aid Code may be adopted in accordance with this | 25 | | subsection (s) by the Department of Healthcare and Family | 26 | | Services. The rulemaking authority granted in this subsection |
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| 1 | | (s) shall apply only to those rules adopted prior to July 1, | 2 | | 2015. Notwithstanding any other provision of this Section, any | 3 | | emergency rule adopted under this subsection (s) shall only | 4 | | apply to payments made for State fiscal year 2015. The adoption | 5 | | of emergency rules authorized by this subsection (s) is deemed | 6 | | to be necessary for the public interest, safety, and welfare. | 7 | | (t) In order to provide for the expeditious and timely | 8 | | implementation of the provisions of Article II of Public Act | 9 | | 99-6, emergency rules to implement the changes made by Article | 10 | | II of Public Act 99-6 to the Emergency Telephone System Act may | 11 | | be adopted in accordance with this subsection (t) by the | 12 | | Department of State Police. The rulemaking authority granted in | 13 | | this subsection (t) shall apply only to those rules adopted | 14 | | prior to July 1, 2016. The 24-month limitation on the adoption | 15 | | of emergency rules does not apply to rules adopted under this | 16 | | subsection (t). The adoption of emergency rules authorized by | 17 | | this subsection (t) is deemed to be necessary for the public | 18 | | interest, safety, and welfare. | 19 | | (u) In order to provide for the expeditious and timely | 20 | | implementation of the provisions of the Burn Victims Relief | 21 | | Act, emergency rules to implement any provision of the Act may | 22 | | be adopted in accordance with this subsection (u) by the | 23 | | Department of Insurance. The rulemaking authority granted in | 24 | | this subsection (u) shall apply only to those rules adopted | 25 | | prior to December 31, 2015. The adoption of emergency rules | 26 | | authorized by this subsection (u) is deemed to be necessary for |
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| 1 | | the public interest, safety, and welfare. | 2 | | (v) In order to provide for the expeditious and timely | 3 | | implementation of the provisions of Public Act 99-516 this | 4 | | amendatory Act of the 99th General Assembly , emergency rules to | 5 | | implement Public Act 99-516 this amendatory Act of the 99th | 6 | | General Assembly may be adopted in accordance with this | 7 | | subsection (v) by the Department of Healthcare and Family | 8 | | Services. The 24-month limitation on the adoption of emergency | 9 | | rules does not apply to rules adopted under this subsection | 10 | | (v). The adoption of emergency rules authorized by this | 11 | | subsection (v) is deemed to be necessary for the public | 12 | | interest, safety, and welfare. | 13 | | (w) (v) In order to provide for the expeditious and timely | 14 | | implementation of the provisions of Public Act 99-796 this | 15 | | amendatory Act of the 99th General Assembly , emergency rules to | 16 | | implement the changes made by Public Act 99-796 this amendatory | 17 | | Act of the 99th General Assembly may be adopted in accordance | 18 | | with this subsection (w) (v) by the Adjutant General. The | 19 | | adoption of emergency rules authorized by this subsection (w) | 20 | | (v) is deemed to be necessary for the public interest, safety, | 21 | | and welfare. | 22 | | (x) In order to provide for the expeditious and timely | 23 | | implementation of the provisions of the Gun Dealer Licensing | 24 | | Act, emergency rules to implement any provision of the Act may | 25 | | be adopted in accordance with this subsection (x) by the | 26 | | Department of Financial and Professional Regulation. The |
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| 1 | | rulemaking authority granted in this subsection (x) shall apply | 2 | | only to those rules adopted no later than 180 days after the | 3 | | effective date of this amendatory Act of the 99th General | 4 | | Assembly. The adoption of emergency rules authorized by this | 5 | | subsection (x) is deemed to be necessary for the public | 6 | | interest, safety, and welfare. | 7 | | (Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13; | 8 | | 98-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; | 9 | | 99-143, eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff. | 10 | | 6-30-16; 99-642, eff. 7-28-16; 99-796, eff. 1-1-17; revised | 11 | | 9-21-16.)".
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