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Full Text of SB0337  100th General Assembly

SB0337sam001 100TH GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 2/21/2018

 

 


 

 


 
10000SB0337sam001LRB100 05120 RLC 36491 a

1
AMENDMENT TO SENATE BILL 337

2    AMENDMENT NO. ______. Amend Senate Bill 337 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. If and only if Senate Bill 1657 of the 100th
5General Assembly becomes law in the form in which it passed the
6Senate on April 27, 2017, then the Gun Dealer Licensing Act is
7amended by changing Sections 35, 70, and 150 as follows:
 
8    (100 SB1657eng, Sec. 35)
9    Sec. 35. Issuance of license; renewal; fees.
10    (a) The Department shall, upon the applicant's
11satisfactory completion of the requirements under this Act and
12receipt of the fee, issue the license indicating the name and
13business location of the licensee and the date of expiration.
14On or before December 31, 2019, the Department shall issue
15dealer and dealership licenses to all qualified applicants
16whose business existed in that location on the effective date

 

 

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1of this Act, and who submitted the application to the
2Department on or after January 1, 2019 but before October 1,
32019. If an applicant submits an application for a license
4before October 1, 2019 and the Department does not issue or
5deny the license on or before December 31, 2019, or the
6Department does not issue or deny a license within 90 days to
7an applicant who submits an application for a license or
8renewal of a license on October 1, 2019 or thereafter, the
9applicant or licensee shall not be in violation of this Act on
10the basis of continuing to operate the business.
11    (b) The expiration date and , renewal period for each
12license shall be 5 years. The , and conditions for renewal and
13restoration of each license shall be set by rule. The holder
14may renew the license during the 90 days preceding its
15expiration by paying the required fee and by meeting conditions
16that the Department may specify. As a condition of renewal of a
17dealer's license, the Department shall receive from the
18applicant a copy of his or her valid and unexpired concealed
19carry license, or shall verify the validity of the applicant's
20Firearm Owner's Identification Card through the Department of
21State Police in a manner prescribed by rule by the Department
22of State Police. A dealership or dealer operating on an expired
23license is considered to be practicing without a license.
24    (c) A dealership that has permitted a license to expire may
25have it restored by submitting an application to the
26Department, successfully completing an inspection by the

 

 

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

 

 

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1training or education has been so terminated.
2    (f) A license shall not be denied any applicant because of
3the race, religion, creed, national origin, political beliefs
4or activities, age, sex, sexual orientation, or physical
5disability that does not affect a person's ability to practice
6with reasonable judgment, skill, or safety.
7(Source: 100SB1657eng.)
 
8    (100 SB1657eng, Sec. 70)
9    Sec. 70. Requirements; prohibitions.
10    (a) The Department of Financial and Professional
11Regulation shall implement the provisions of this Section by
12rule.
13    (b) A licensee shall maintain operating documents which
14shall include procedures for the oversight of the licensee and
15procedures to ensure accurate recordkeeping.
16    (c) By the date of application, a licensee shall implement
17appropriate security measures, as provided by rule, to deter
18and prevent the theft of firearms and unauthorized entrance
19into areas containing firearms. The rules may provide for:
20        (1) the manner of securing firearms when the location
21    is both open and closed for business;
22        (2) alarm systems for licensees; and
23        (3) other reasonable requirements to deter illegal
24    sales and reduce the risk of burglaries and other crimes or
25    accidents at licensees' business establishments.

 

 

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1    (d) Beginning January 1, 2021, if If a licensee operates
2the business at a permanent physical location that is open to
3the public, that location shall be equipped with a video
4surveillance system sufficient to monitor the critical areas of
5the business premises, including, but not limited to, all
6places where firearms are stored, handled, sold, transferred,
7or carried. A video surveillance system of the licensee's
8business premises may not be installed in a bathroom and may
9not monitor the bathrooms located in the business premises. The
10video surveillance system shall operate without interruption
11whenever the licensee is open for business. Whenever the
12licensee is not open for business, the system shall be
13triggered by a motion detector and begin recording immediately
14upon detection of any motion within the monitored area. The
15stored images shall be maintained on the business premises of
16the licensee for a period of not less than 90 days from the
17date of recording and shall only be available for inspection on
18the premises by the licensee, the licensee's dealership agents,
19the Department, or federal, State, and local law enforcement
20upon request, and neither the stored images, copies, records,
21or reproductions of the stored images shall leave the custody
22of the licensee except under a court order, subpoena, or search
23warrant. The licensee shall post a sign in a conspicuous place
24at each entrance to the premises that states in block letters
25not less than one inch in height:
26    "THESE PREMISES ARE UNDER VIDEO SURVEILLANCE. YOUR IMAGE

 

 

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1MAY BE RECORDED."
2    (e) The area where the licensee stores firearms that are
3inventory of the licensee shall only be accessed by dealership
4agents, Department of Financial and Professional Regulation
5staff performing inspections, law enforcement or other
6emergency personnel, and contractors working on jobs unrelated
7to firearms, such as installing or maintaining security devices
8or performing electrical wiring.
9    (f) A licensee shall operate its business and conduct all
10sales and transfers of firearms in compliance with all federal
11and State laws, and maintain all records as required by federal
12and State laws.
13    (g) A licensee shall make a photo copy of a buyer's or
14transferee's valid photo I.D. card whenever a sale transaction
15takes place. The photo copy shall be attached to the
16documentation detailing the record of sale.
17    (h) A licensee shall post in a conspicuous position on the
18premises where the licensee conducts business a sign that
19contains the following warning in block letters not less than
20one inch in height:
21        "With few exceptions, it is unlawful for you to:
22            (1) store or leave an unsecured firearm in a place
23        where a child can obtain access to it,
24            (2) sell or transfer your firearm to someone else
25        without receiving approval for the transfer from the
26        Department of State Police, or

 

 

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1            (3) fail to report the loss or theft of your
2        firearm to local law enforcement within 72 hours."
3    A licensee shall post any additional warnings or provide
4any other information regarding firearms laws and the safe
5storage of firearms to consumers as required by the Department
6by rule.
7    (i) Before issuance, renewal, or restoration of a
8dealership license, the Department shall inspect the premises
9of the proposed business to ensure compliance with this Act.
10Licensees shall have their places of business open for
11inspection by the Department and law enforcement during all
12hours of operation, provided that the Department may conduct no
13more than one unannounced inspection per dealer or dealership
14per year without good cause. Licensees shall make all records,
15documents, and firearms accessible for inspection upon the
16request of law enforcement and the Department.
17    (j) The premises where the licensee conducts business shall
18not be located in any district or area that is within 500 feet
19of any school, pre-school, or day-care facility. This
20subsection (j) does not apply to a licensee whose business
21existed in that location on the effective date of this Act, and
22does not limit the authority of a local government to impose
23and enforce additional limits on the location of a business
24regulated under this Act.
25(Source: 100SB1657eng.)
 

 

 

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1    (100SB1657eng, Sec. 150)
2    Sec. 150. Fees; deposit of fees and fines. The Department
3shall by rule provide for fees for the administration and
4enforcement of this Act, and those fees are nonrefundable. An
5application fee or renewal fee for a dealership license or a
6dealer license shall not exceed $1,000 for the 5-year period.
7All of the fees, penalties, and fines collected under this Act
8shall be deposited into the General Professions Dedicated Fund
9and shall be appropriated to the Department for the ordinary
10and contingent expenses of the Department in the administration
11and enforcement of this Act.
12(Source: 100SB1657eng.)
 
13    Section 99. Effective date. This Act takes effect upon
14Senate Bill 1657 of the 100th General Assembly becoming law.".