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Full Text of SB0337  100th General Assembly


Rep. Kathleen Willis

Filed: 5/25/2018





10000SB0337ham001LRB100 05120 RLC 40934 a


2    AMENDMENT NO. ______. Amend Senate Bill 337 on page 2, line
35, by deleting "or similar location"; and
4on page 2, line 8, by inserting "or similar special event",
5after "show"; and
6on page 2, line 15, after "valid.", by inserting "The
7Department may by rule create a process for checking the
8validity of the license, in lieu of requiring an affidavit.";
10on page 2, line 20, by inserting after "affidavit." the
12"If the Department does not issue the certificate within 30
13days, the licensee shall operate as if a certificate has been
14granted unless and until a denial is issued by the
15Department."; and



10000SB0337ham001- 2 -LRB100 05120 RLC 40934 a

1on page 2, line 22, by replacing "90 days" with "180 days"; and
2on page 3, line 7, after "business name", by inserting "on the
3license"; and
4on page 3, line 8 after "business name", by inserting "on the
5license"; and
6on page 4, line 10, by replacing "60" with "90"; and
7on page 4, line 18, after "different", by inserting "business";
9on page 4, line 19, after "another", by inserting "business";
11on page 4, line 20, after "different", by inserting "business";
13on page 5, lines 16 and 17, by deleting "and director,"; and
14on page 5, line 18, after "corporate names", by inserting "by
15and which the certified licensee sells, transfers, or
16facilitates transfers of firearms"; and



10000SB0337ham001- 3 -LRB100 05120 RLC 40934 a

1on page 6, line 8, after "exceptions", by inserting "enumerated
2in the Firearm Owners Identification Card Act"; and
3on page 6, by inserting immediately below line 15 "This sign
4shall be created by the Department and made available for
5printing or downloading from the Department's website."; and
6on page 6, line 19, after "established", by inserting "as
7measured from the nearest corner of the building holding the
8retail location to the corner of the school, pre-school, or day
9care facility building nearest the retail location at the time
10the retail location seeks licensure"; and
11on page 8, line 23, after "licensees", by inserting "related to
12legal requirements and responsible business practices
13regarding the sale or transfer of firearms"; and
14on page 9, line 3, after "operation", by inserting "involving
15the selling, leasing, or otherwise transferring of firearms";
17on page 9, line 5, by replacing "Licensees" with "During an
18inspection, licensees"; and
19on page 9, line 19, after "licensee." by inserting the



10000SB0337ham001- 4 -LRB100 05120 RLC 40934 a

1"If an owner, employee, or other agent of the certified
2licensee is not otherwise a resident of this State, the
3certified licensee shall submit an affidavit stating that the
4owner, employee, or other agent has undergone a background
5check and is not prohibited from owning or possessing
6firearms."; and
7on page 10, by replacing lines 4 through 14 with the following:
8    "(c) If a certified licensee has a license, certificate, or
9permit to sell, lease, transfer, purchase, or possess firearms
10issued by the federal government or the government of any state
11revoked or suspended for good cause within the preceding 4
12years, the Department may consider revoking or suspending the
13certified licenses in this State. In making a determination of
14whether or not to revoke or suspend a certified license in this
15State, the Department shall consider the number of retail
16locations the certified licensee or any related person or
17entity operates in this State or in other states under the same
18or different business names, and the severity of the infraction
19in the state in which a license was revoked or suspended."; and
20on page 10, line 22, after "deems", by inserting "directly";
22on page 10, line 25, by inserting after "State." the following:
23"The licensee may file an emergency motion with the Director or



10000SB0337ham001- 5 -LRB100 05120 RLC 40934 a

1a hearing officer authorized by the Department to quash a
2subpoena issued by the Department. If the Director or hearing
3officer determines that the subpoena was issued without good
4cause, the Director or hearing officer may quash the
5subpoena."; and
6on page 11, line 6, after "firearms", by inserting "in
7inventory"; and
8on page 11, line 7, by replacing "transferred, or carried" with
9"or transferred"; and
10on page 11, line 10, by inserting after "location." the
12"If a video security system is deemed inadequate by the
13Department, the licensee shall have 30 days to correct the
14inadequacy. The Department shall submit to the licensee a
15written statement describing the specific inadequacies."; and
16on page 11, line 15, by inserting after "RECORDED."." the
18"This sign shall be created by the Department and available for
19printing or downloading from the Department's website."; and
20on page 12, line 8, by replacing "inadequacy" with "specific
21inadequacies"; and



10000SB0337ham001- 6 -LRB100 05120 RLC 40934 a

1on page 12, line 11, after "plan,", by inserting "the
2Department shall note the specific inadequacies in writing
3and"; and
4on page 12, line 20, by replacing "may" with "shall"; and
5on page 12, line 21, by inserting after "plan." the following:
6"The rules shall take into account the various types and sizes
7of the entities involved, and shall comply with all relevant
8State and federal laws."; and
9by replacing line 25 on page 12 and line 1 on page 13 with the
11"Department shall develop and implement by rule statewide
12training standards for assisting certified licensees in
13recognizing"; and
14on page 13, line 3, after "firearm", by inserting ", including,
15but not limited to, indicators of a straw purchase"; and
16on page 13, line 5, after "licensee", by inserting "operating a
17retail location"; and
18by replacing line 23 on page 13 through line 3 on page 14 with
19the following:



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1"Department may not charge a certified licensee in this State,
2operating under the same or different business name, fees
3exceeding $40,000 for the certification of multiple licenses.
4All fees and fines collected under this Act"; and
5on page 14, line 15, by replacing "inventory" with "acquisition
6and disposition"; and
7on page 16, line 16, by replacing "60" with "90"; and
8on page 20, line 11, by deleting "indefinite" wherever it
9appears; and
10on page 21, by inserting immediately below line 21 the
12    "Section 5-120. Federal agencies and investigations.
13Nothing in this Act shall be construed to interfere with any
14federal agency or any federal agency investigation. All
15Department rules adopted under this Act shall comply with
16federal law. The Department may as necessary coordinate efforts
17with relevant State and federal law enforcement agencies to
18enforce this Act."; and
19on page 28, line 14, by inserting after "offense." the



10000SB0337ham001- 8 -LRB100 05120 RLC 40934 a

1"A transferee shall not be criminally liable under this Section
2provided that he or she provides the Department of State Police
3with the transfer records in accordance with procedures
4established by the Department. The Department shall establish,
5by rule, a standard form on its website.".