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Full Text of SB0337  100th General Assembly

SB0337sam002 100TH GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 4/25/2018

 

 


 

 


 
10000SB0337sam002LRB100 05120 RLC 39330 a

1
AMENDMENT TO SENATE BILL 337

2    AMENDMENT NO. ______. Amend Senate Bill 337, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 1. Short title. This Act may be cited as the Gun
6Dealer Licensing Act.
 
7    Section 5. Definitions. As used in this Act:
8    "Address of record" means the designated address recorded
9by the Department in the applicant's, dealer's or dealership
10agent's application file or license file as maintained by the
11Department's licensure maintenance unit. It is the duty of the
12applicant or dealer to inform the Department of any change of
13address, and those changes must be made either through the
14Department's website or by contacting the Department's
15licensure maintenance unit.
16    "Applicant" means any person who applies for a dealership

 

 

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1license or dealer license, or the renewal of the dealership
2license or dealer license under this Act.
3    "Board" means the Gun Dealer Licensing Board.
4    "Collector" means as defined by 18 U.S.C. 921(a)(13) any
5person who acquires, holds, or disposes of firearms as curios
6or relics, as the United States Attorney General shall by
7regulation define. "Collector" includes the following type of
8Federal Firearms License: Type 03-collector of curios and
9relics.
10    "Confidential or security information" means information
11which identifies the purchasers or other transferees of
12firearms from a dealer or dealership.
13    "Dealer" means any person engaged in the business of
14selling, leasing, or otherwise transferring firearms or any
15person within the meanings provided by 18 U.S.C. 921(a)(11) and
1627 CFR 478.11 to include any person engaged in the business of
17selling firearms at wholesale or retail, or repairing firearms
18or making or fitting special barrels, stocks, or trigger
19mechanisms to firearms. "Dealer" includes the following
20Federal Firearms Licenses: Type 01-dealer in firearms other
21than destructive devices; Type 02-pawnbroker in firearms other
22than destructive devices; Type 09-dealer of destructive
23devices.
24    "Dealership" means a person, firm, corporation, or other
25legal entity that engages in the business of selling, leasing,
26or otherwise transferring firearms and employs, in addition to

 

 

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1the gun dealer licensee-in-charge, at least one other
2dealership agent.
3    "Dealership agent" means an owner, officer, paid or unpaid
4agent, volunteer or employee of a licensed dealership who has
5access to or control of firearms in the inventory of the
6dealership or confidential or security information of the
7dealership.
8    "Dealership licensee-in-charge" or "licensee-in-charge"
9means a dealer who has been designated by a dealership to be
10the licensee-in-charge of the dealership, who is a full-time
11management employee or owner who assumes sole responsibility
12for maintaining all records required by this Act, and who
13assumes sole responsibility for assuring the dealership's
14compliance with its responsibilities as stated in this Act. The
15Department shall adopt rules mandating licensee-in-charge
16participation in dealership affairs.
17    "Department" means the Department of Financial and
18Professional Regulation.
19    "Engaged in the business" means a person who, as provided
20in 18 U.S.C. 921(a)(21) and 27 CFR 478.11(a), devotes time,
21attention, and labor to engaging in such activity as a regular
22course of trade or business with the principal objective of
23livelihood and profit, or who:
24        (1) conducts a business selling, leasing, or
25    transferring firearms;
26        (2) holds himself or herself out as engaged in the

 

 

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1    business of selling, leasing, or otherwise transferring
2    firearms; or
3        (3) sells, leases, or transfers firearms in quantity,
4    in series, or in any other manner indicative of trade.
5    "Firearm" has the same meaning as "firearm" in Section 1.1
6of the Firearm Owners Identification Card Act.
7    "Gunsmith" means, as defined in 27 CFR 478.11(d), any
8person who receives firearms (frames, receivers, or otherwise)
9provided by a customer for the purpose of repairing, modifying,
10embellishing, refurbishing, or installing parts in or on those
11firearms. A gunsmith is not "engaged in the business" of
12manufacturing firearms because the firearms being produced are
13not owned by the gunsmith and he does not sell or distribute
14the firearms manufactured.
15    "Importer" means, as defined by 18 U.S.C. 921 (a)(9) and 18
16U.S.C. 921 (a)(21)(E), a person who devotes time, attention,
17and labor to importing firearms as a regular course of trade or
18business with the principal objective of livelihood and profit
19through the sale or distribution of the firearms imported.
20"Importer" shall include the following types of Federal
21Firearms Licenses: Type 08-importer of firearms other than
22destructive devices or ammunition for firearms other than
23destructive devices, or ammunition other than armor piercing
24ammunition; Type 11-importer of destructive devices,
25ammunition for destructive devices, or armor piercing
26ammunition.

 

 

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1    "Licensee" means a dealer or a dealership licensed under
2this Act. Anyone who holds himself or herself out as a licensee
3or who is accused of unlicensed business is considered a
4licensee for purposes of enforcement, investigation, hearings,
5and the Illinois Administrative Procedure Act.
6    "Licensed collector" means any person licensed as a
7collector under 18 U.S.C. 923.
8    "Manufacturer" means, as defined by 18 U.S.C. 921 (a)(10)
9and 27 CFR 478.11, any person engaged in the business of
10manufacturing firearms or ammunition for purposes of sale or
11distribution. "Manufacturer" includes the following types of
12Federal Firearms Licenses: Type 06-manufacturer of ammunition
13for firearms other than ammunition for destructive devices or
14armor piercing ammunition; Type 07-manufacturer of firearms
15other than destructive devices; Type 10-manufacturer of
16destructive devices, ammunition for destructive devices, or
17armor piercing ammunition.
18    "Person" means a natural person.
19    "Secretary" means the Secretary of Financial and
20Professional Regulation.
 
21    Section 10. License requirement.
22    (a) It is unlawful for a person to engage in the business
23of selling, leasing, or otherwise transferring firearms
24without a license under this Act. A dealership agent other than
25a dealer licensee-in-charge may act on behalf of the licensed

 

 

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1dealership under Section 75 without being licensed as a dealer
2under this Act.
3    (b) It is unlawful for a person, firm, corporation, group
4of individuals, or other legal entity to act as a dealership
5licensed under this Act, to advertise, or to assume to act as a
6licensed dealership or to use a title implying that the person,
7firm, or other entity is engaged in business as a dealership
8without a license under this Act. An individual or sole
9proprietor licensed as a dealer who operates without any
10dealership agents may act as a dealership without having to
11obtain a dealership license, provided the dealer notifies the
12Department that he or she is operating in this manner and
13provides the information required under Section 65, as
14determined to be applicable to the dealer by the Department.
15The dealer may operate under a "doing business as" or assumed
16name certification so long as the assumed name is first
17registered with the Department.
18    (b-5) A person licensed as an auctioneer under the Auction
19License Act may facilitate a transfer permitted under this Act
20without being registered as a dealer under this Act.
21    (c) No dealership shall operate a branch office without
22first applying for and receiving a branch office license for
23each location. The term "branch office" does not include a
24location at which the dealership conducts business
25temporarily, such as at a gun show.
26    (d) It is unlawful to obtain or attempt to obtain any

 

 

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1license or authorization issued under this Act by fraudulent
2misrepresentation.
3    (e) A person who violates any provision of this Section is
4guilty of a Class A misdemeanor for a first violation, and a
5Class 4 felony for a second or subsequent violation.
6    (f) In addition to any other penalty provided by law, any
7person or entity who violates any provision of this Section
8shall pay a civil penalty to the Department in an amount not to
9exceed $10,000 for each offense as determined by the
10Department. The civil penalty shall be assessed by the
11Department after a hearing is held in accordance with the
12provisions set forth in this Act regarding the provision of a
13hearing for the discipline of a licensee.
14    (g) The Department has the authority and power to
15investigate any and all unlicensed activity.
16    (h) The civil penalty shall be paid within 60 days after
17the effective date of the order imposing the civil penalty. The
18order shall constitute a judgment and may be filed and
19execution had thereon in the same manner as any judgment from
20any court of record.
 
21    Section 15. Exemptions. The provisions of this Act related
22to the licensure of dealers and dealerships do not apply to a
23person or other entity that engages in the following
24activities:
25    (1) transfers of less than 10 firearms within each calendar

 

 

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1year;
2    (2) temporary transfers of firearms solely for use at the
3location or on the premises where the transfer takes place,
4such as transfers at a shooting range for use at that location;
5    (3) temporary transfers of firearms solely for use while in
6the presence of the transferor, such as transfers for the
7purposes of firearm safety training by a training instructor;
8    (4) transfers of firearms among immediate family or
9household members, as "immediate family or household member" is
10defined in Section 3-2.7-10 of the Unified Code of Corrections;
11    (5) transfers by persons or entities acting under operation
12of law or a court order;
13    (6) transfers by persons or entities liquidating all or
14part of a collection. For purposes of this paragraph (6),
15"collection" means 2 or more firearms which are of special
16interest to collectors by reason of some quality other than is
17associated with firearms intended for sporting use or as
18offensive or defensive weapons;
19    (7) transfers of firearms that have been rendered
20permanently inoperable to a nonprofit historical society,
21museum, or institutional collection;
22    (8) transfers by a law enforcement or corrections agency or
23a law enforcement or corrections officer acting within the
24course and scope of his or her official duties;
25    (9) transfers by a person who has his or her Firearm
26Owner's Identification Card revoked to a State or local law

 

 

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1enforcement agency;
2    (10) transfers of curios and relics, as defined under
3federal law, between collectors licensed under subsection (b)
4of Section 923 of the federal Gun Control Act of 1968;
5    (11) transfers by a manufacturer or importer; provided,
6that a dealer holding a Federal Firearms License Type 01-dealer
7in firearms other than destructive devices; Type 02-pawnbroker
8in firearms other than destructive devices; or Type 09-dealer
9of destructive devices on April 1, 2017, is not exempt from
10this Act by obtaining a Manufacturer Federal Firearms License
11or Importer Federal Firearms License;
12    (12) transfers of pieces or parts of a firearm that do not
13themselves qualify as firearms under paragraph (3) of
14subsection (a) of Section 921 of the federal Gun Control Act of
151968 by a person who is actually engaged in manufacturing and
16selling those pieces or parts but only on the activities which
17are within the lawful scope of that business, and the
18manufacture of which do not require the manufacturer to hold a
19Federal Firearms License; or
20    (13) transfers of firearms by a dealer in which 20% or less
21of the dealer's annual sales are from the sale of firearms.
 
22    Section 20. Powers and duties of the Department. Subject to
23the provisions of this Act, the Department shall exercise the
24following powers and duties:
25        (1) Prescribe forms to be issued for the administration

 

 

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1    and enforcement of this Act.
2        (2) Prescribe and publish rules for issuance of dealer
3    licenses and dealership licenses authorizing qualified
4    applicants to engage in the business of selling, leasing,
5    or otherwise transferring firearms.
6        (3) Review application to ascertain the qualifications
7    of applicants for licenses.
8        (4) Examine the records of licensees or investigate any
9    other aspect of the business of selling, leasing, or
10    otherwise transferring firearms.
11        (5) Conduct hearings on proceedings to refuse to issue
12    or renew licenses or to revoke, suspend, place on
13    probation, reprimand, or take any other disciplinary or
14    non-disciplinary action against licenses issued under this
15    Act.
16        (6) Formulate rules required for the administration of
17    this Act. Notice of proposed rulemaking shall be
18    transmitted to the Board, and the Department shall review
19    the Board's response and any recommendations made in the
20    response.
21        (7) Solicit the advice and expert knowledge of the
22    Board on any matter relating to the administration and
23    enforcement of this Act.
24        (8) Maintain rosters of the names and addresses of all
25    licensees and all persons whose licenses have been
26    suspended, revoked, denied renewal, or otherwise

 

 

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1    disciplined within the previous calendar year. These
2    rosters shall be available upon written request and payment
3    of the required fee as established by rule.
4        (9) Exercise the powers and duties prescribed by the
5    Civil Administrative Code of Illinois for the
6    administration of licensing Acts.
7        (10) Contract with the Department of State Police, as
8    necessary, to perform inspections of licensees, as
9    provided under this Act.
10        (11) Authorize examinations to ascertain the
11    qualifications and fitness of applicants for licensing as a
12    dealer and pass upon the qualifications of applicants for
13    licensure.
 
14    Section 25. The Gun Dealer Licensing Board.
15    (a) The Gun Dealer Licensing Board shall consist of 5
16members to be appointed by the Secretary. Each member shall
17have a reasonable knowledge of the federal and State laws
18regarding firearms. Each member shall either be a resident of
19this State or shall certify that he or she will become a
20resident of this State before taking office. The Board shall
21consist of:
22        (1) one member with at least 5 years of service as a
23    county sheriff or chief of police of a municipal police
24    department within this State;
25        (2) one representative of the Department of State

 

 

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1    Police with at least 5 years investigative experience or
2    duties related to criminal justice;
3        (3) one member with at least 5 years of experience as a
4    federally licensed firearms dealer in good standing within
5    this State;
6        (4) one member who is a representative of an advocacy
7    group for public safety; and
8        (5) one member shall be a lawyer licensed to practice
9    law in this State. The membership shall reasonably reflect
10    the different geographic areas in this State.
11    (b) Members shall serve 4 year terms and may serve until
12their successors are appointed and qualified. Partial terms of
13over 2 years in length shall be considered full terms. No
14member shall serve for more than 2 successive terms. Whenever a
15vacancy in the Board occurs, the remaining members of the Board
16shall notify the Secretary of that vacancy within 5 days after
17its occurrence and the Secretary shall fill the vacancy within
1845 days. Appointments to fill vacancies shall be made in the
19same manner as the original appointments for the unexpired
20portion of the vacated term.
21    (c) The Secretary may recommend the removal of any member
22of the Board for cause at any time before the expiration of his
23or her term. A majority vote of the members is required for a
24decision to remove any member of the Board. A member subject to
25formal disciplinary proceedings shall disqualify himself or
26herself from all Board business until the charge is resolved. A

 

 

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1member also shall disqualify himself or herself from any matter
2on which the member cannot act objectively.
3    (d) The Board shall annually elect one of its members as
4chairperson and one of its members as vice-chair.
5    (e) Members shall receive compensation as set by law. Each
6member shall receive reimbursement as set by the Governor's
7Travel Control Board for expenses incurred in carrying out the
8duties as a Board member.
9    (f) A majority of Board members constitutes a quorum. A
10majority vote of the members is required for a decision. A
11vacancy in the membership of the Board shall not impair the
12right of a quorum to exercise all of the rights and perform all
13of the duties of the Board.
14    (g) The Board may recommend policies, procedures, and rules
15relevant to the administration and enforcement of this Act.
 
16    Section 30. Application for license; forms.
17    (a) Each license application shall be on forms provided by
18the Department.
19    (b) Every application for an original dealer license shall
20include the applicant's social security number, which shall be
21retained in the dealership's records pertaining to the license.
22As soon as practical, the Department shall assign a customer's
23identification number to each applicant for a license.
24    Every application for a renewal or restored license shall
25require the applicant's customer identification number.

 

 

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1    (c) Beginning January 1, 2019, the Department shall accept
2applications for dealership licenses and dealer licenses.
 
3    Section 35. Issuance of license; renewal; fees.
4    (a) The Department shall, upon the applicant's
5satisfactory completion of the requirements under this Act and
6receipt of the fee, issue the license indicating the name and
7business location of the licensee and the date of expiration.
8On or before December 31, 2019, the Department shall issue
9dealer and dealership licenses to all qualified applicants
10whose business existed in that location on the effective date
11of this Act, and who submitted the application to the
12Department on or after January 1, 2019 but before October 1,
132019. If an applicant submits an application for a license
14before October 1, 2019 and the Department does not issue or
15deny the license on or before December 31, 2019, or the
16Department does not issue or deny a license within 90 days to
17an applicant who submits an application for a license or
18renewal of a license on October 1, 2019 or thereafter, the
19applicant or licensee shall not be in violation of this Act on
20the basis of continuing to operate the business.
21    (b) The expiration date and renewal period for each license
22shall be 5 years. The conditions for renewal and restoration of
23each license shall be set by rule. The holder may renew the
24license during the 90 days preceding its expiration by paying
25the required fee and by meeting conditions that the Department

 

 

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1may specify. As a condition of renewal of a dealer's license,
2the Department shall receive from the applicant a copy of his
3or her valid and unexpired concealed carry license, or shall
4verify the validity of the applicant's Firearm Owner's
5Identification Card through the Department of State Police in a
6manner prescribed by rule by the Department of State Police. A
7dealership or dealer operating on an expired license is
8considered to be practicing without a license.
9    (c) A dealership that has permitted a license to expire may
10have it restored by submitting an application to the
11Department, successfully completing an inspection by the
12Department, and by paying the required restoration fee and all
13lapsed renewal fees.
14    (d) A dealer that has permitted a license to expire may
15have it restored by submitting an application to the
16Department, paying the required restoration fee and all lapsed
17renewal fees and by providing evidence of competence to resume
18practice satisfactory to the Department and the Board, which
19shall include a copy of the license holder's valid and
20unexpired concealed carry license, or verification of the
21continued validity of the license holder's Firearm Owner's
22Identification Card through the Department of State Police in a
23manner prescribed by rule by the Department of State Police,
24and may include passing a written examination.
25    (e) Any dealer whose license has expired while he or she
26has been engaged (1) in the federal service in active duty with

 

 

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1the Army of the United States, the United States Navy, the
2Marine Corps, the Air Force, the Coast Guard, or the State
3Militia called into the service or training of the United
4States of America, or (2) in training or education under the
5supervision of the United States preliminary to induction into
6the military service, may have his or her license restored
7without paying any lapsed renewal fees or restoration fee, if
8within 2 years after termination of that service, training or
9education, other than by dishonorable discharge, he or she
10furnishes the Department with an affidavit to the effect that
11he or she has been so engaged and that his or her service,
12training or education has been so terminated.
13    (f) A license shall not be denied any applicant because of
14the race, religion, creed, national origin, political beliefs
15or activities, age, sex, sexual orientation, or physical
16disability that does not affect a person's ability to practice
17with reasonable judgment, skill, or safety.
 
18    Section 40. Continuing education. The Department may adopt
19rules of continuing education for persons licensed under this
20Act. The Department shall consider the recommendations of the
21Board in establishing guidelines for the continuing education
22requirements.
 
23    Section 45. Examination of applicants; fee forfeiture.
24    (a) Applicants for licensure as a dealer shall be examined

 

 

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1as provided by this Section if they are qualified to be
2examined under this Act. All applicants taking the examination
3shall be evaluated using the same standards as others who are
4examined for the respective license.
5    (b) Examinations for licensure shall be held at the time
6and place as the Department may determine, but shall be held at
7least twice a year.
8    (c) Examinations shall test the amount of knowledge and
9skill needed to perform the duties set under this Act and
10comply with other provisions of federal and State law
11applicable to the sale and transfer of firearms. The Department
12may contract with a testing service for the preparation and
13conduct of the examination.
14    (d) If an applicant neglects, fails, or refuses to take an
15examination within one year after filing an application, the
16fee shall be forfeited. However, an applicant may, after a
171-year period, make a new application for examination
18accompanied by the required fee. If an applicant fails to pass
19the examination within 3 years after filing an application, the
20application shall be denied. An applicant may make a new
21application after the 3-year period.
22    (e) This Section does not apply to an applicant who was
23properly licensed as a firearms dealer under Section 923 of the
24federal Gun Control Act of 1968 (18 U.S.C. 923) on the
25effective date of this Act, in operation in this State.
 

 

 

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1    Section 50. Qualifications for licensure as a dealer.
2    (a) A person is qualified for licensure as a dealer if he
3or she meets all of the following requirements:
4        (1) is at least 21 years of age;
5        (2) has a currently valid and unexpired concealed carry
6    license or Firearm Owner's Identification Card. The
7    Department shall verify the validity of the applicant's
8    Firearm Owner's Identification Card through the Department
9    of State Police in a manner prescribed by rule by the
10    Department of State Police. The Department of State Police
11    shall provide the Department with an approval number if the
12    Firearm Owner's Identification Card is currently valid;
13        (3) has not had a license or permit to sell, lease,
14    transfer, purchase, or possess firearms from the federal
15    government or the government of any state or subdivision of
16    any state revoked or suspended for good cause within the
17    preceding 3 years, or been terminated from employment with
18    a licensee or former licensee for good cause within the
19    preceding 3 years;
20        (4) has a minimum of one year of experience, with a
21    minimum of 100 hours per year, during the 5 years
22    immediately preceding the application: (i) as a dealership
23    agent under this Act; or (ii) as a federal firearms dealer
24    licensed under Section 923 of the federal Gun Control Act
25    of 1968 (18 U.S.C. 923) or an employee of the business who
26    had access to firearms;

 

 

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1        (5) has paid the fees required by this Act; and
2        (6) has passed an examination authorized by the
3    Department.
4    (b) The Department may request a personal interview of an
5applicant before the Board to further evaluate his or her
6qualifications for a license.
 
7    Section 55. Qualifications for licensure as a dealership.
8    (a) Upon receipt of the required fee and the information
9listed in subsection (b) of this Section, the Department shall
10issue a license as a dealership to any of the following:
11        (1) An individual who submits an application and is a
12    licensed dealer under this Act.
13        (2) A firm that submits an application and all of the
14    members of the firm are licensed dealers under this Act.
15        (3) A corporation or limited liability company doing
16    business in this State that is authorized by its articles
17    of incorporation or organization to engage in the business
18    of conducting a dealership if at least one executive
19    employee is licensed as a dealer under this Act.
20    (b) The Department shall require all of the following
21information from each applicant for licensure as a dealership
22under this Act:
23        (1) The name, full business address, and telephone
24    number of the dealership. The business address for the
25    dealership shall be the complete street address where

 

 

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

 

 

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1        (7) From the sheriff of the county in which the
2    business address is located written confirmation stating
3    that, to the best of the sheriff's knowledge, the applicant
4    is in compliance with applicable federal, State, and local
5    laws. A sheriff that refuses to provide this confirmation
6    within 30 days after the date of the application shall
7    instead submit an objection in writing to the Department
8    and the license applicant based upon a reasonable suspicion
9    that the applicant is not in compliance with applicable
10    federal, State, and local laws. If no written confirmation
11    or objection is made under this paragraph (7) within 30
12    days after the date of the application, the Department
13    shall proceed as if the sheriff had provided confirmation.
14    A municipality or county may impose additional
15    requirements for the operation of gun dealers and
16    dealerships beyond the requirements of this Act and
17    consistent with the United States Constitution and the
18    Constitution of the State of Illinois, including local
19    license requirements. It shall be the duty of local
20    authorities to investigate and enforce any failure of a
21    dealer or dealership to meet these requirements and to
22    notify the Department of these investigations and
23    enforcement actions. This paragraph (7) supersedes Section
24    13.1 of the Firearm Owners Identification Card Act and
25    Section 90 of the Firearm Concealed Carry Act as applied to
26    the local regulation of dealers and dealerships.

 

 

10000SB0337sam002- 22 -LRB100 05120 RLC 39330 a

1        (8) Proof that the dealership is properly licensed as a
2    firearms dealer under federal law.
3        (9) A final inspection report demonstrating that the
4    Department has determined upon inspection that the
5    proposed business premises comply with Section 70 of this
6    Act.
7    (c) No dealer may be the licensee-in-charge for more than
8one dealership. Upon written request by a representative of a
9dealership, within 10 days after the loss of a
10licensee-in-charge of a dealership because of the death of that
11individual or because of the termination of the employment of
12that individual, the Department shall issue a temporary
13certificate of authority allowing the continuing operation of
14the licensed dealership. No temporary certificate of authority
15shall be valid for more than 90 days. An extension of an
16additional 90 days may be granted upon written request by the
17representative of the dealership. Not more than 2 extensions
18may be granted to any dealership. No temporary permit shall be
19issued for loss of the licensee-in-charge because of
20disciplinary action by the Department related to his or her
21conduct on behalf of the dealership.
22    (d) The Department may request a personal interview of a
23gun dealership licensee-in-charge to evaluate the dealership's
24qualifications for a license.
 
25    Section 60. Training of dealership agents. The Department

 

 

10000SB0337sam002- 23 -LRB100 05120 RLC 39330 a

1shall adopt rules requiring dealership agents to undergo
2training regarding legal requirements and responsible business
3practices as applicable to the sale or transfer of firearms.
4Before a dealership agent has unsupervised access to or control
5over firearms in the dealership's inventory or confidential or
6security information, the dealership shall ensure that the
7dealership agent receives the training that the Department may
8require.
 
9    Section 65. Display of license. Each licensee shall
10prominently display his or her individual, agency, or branch
11office license at each place where business is being conducted,
12as required under this Act. A licensee-in-charge is required to
13post his or her license only at the dealership office.
 
14    Section 70. Requirements; prohibitions.
15    (a) The Department of Financial and Professional
16Regulation shall implement the provisions of this Section by
17rule.
18    (b) A licensee shall maintain operating documents which
19shall include procedures for the oversight of the licensee and
20procedures to ensure accurate recordkeeping.
21    (c) By the date of application, a licensee shall implement
22appropriate security measures, as provided by rule, to deter
23and prevent the theft of firearms and unauthorized entrance
24into areas containing firearms. The rules may provide for:

 

 

10000SB0337sam002- 24 -LRB100 05120 RLC 39330 a

1        (1) the manner of securing firearms when the location
2    is both open and closed for business;
3        (2) alarm systems for licensees; and
4        (3) other reasonable requirements to deter illegal
5    sales and reduce the risk of burglaries and other crimes or
6    accidents at licensees' business establishments.
7    (d) Beginning January 1, 2021, if a licensee operates the
8business at a permanent physical location that is open to the
9public, that location shall be equipped with a video
10surveillance system sufficient to monitor the critical areas of
11the business premises, including, but not limited to, all
12places where firearms are stored, handled, sold, transferred,
13or carried. A video surveillance system of the licensee's
14business premises may not be installed in a bathroom and may
15not monitor the bathrooms located in the business premises. The
16video surveillance system shall operate without interruption
17whenever the licensee is open for business. Whenever the
18licensee is not open for business, the system shall be
19triggered by a motion detector and begin recording immediately
20upon detection of any motion within the monitored area. The
21stored images shall be maintained on the business premises of
22the licensee for a period of not less than 90 days from the
23date of recording and shall only be available for inspection on
24the premises by the licensee, the licensee's dealership agents,
25the Department, or federal, State, and local law enforcement
26upon request, and neither the stored images, copies, records,

 

 

10000SB0337sam002- 25 -LRB100 05120 RLC 39330 a

1or reproductions of the stored images shall leave the custody
2of the licensee except under a court order, subpoena, or search
3warrant. The licensee shall post a sign in a conspicuous place
4at each entrance to the premises that states in block letters
5not less than one inch in height:
6    "THESE PREMISES ARE UNDER VIDEO SURVEILLANCE. YOUR IMAGE
7MAY BE RECORDED."
8    (e) The area where the licensee stores firearms that are
9inventory of the licensee shall only be accessed by dealership
10agents, Department of Financial and Professional Regulation
11staff performing inspections, law enforcement or other
12emergency personnel, and contractors working on jobs unrelated
13to firearms, such as installing or maintaining security devices
14or performing electrical wiring.
15    (f) A licensee shall operate its business and conduct all
16sales and transfers of firearms in compliance with all federal
17and State laws, and maintain all records as required by federal
18and State laws.
19    (g) A licensee shall make a photo copy of a buyer's or
20transferee's valid photo I.D. card whenever a sale transaction
21takes place. The photo copy shall be attached to the
22documentation detailing the record of sale.
23    (h) A licensee shall post in a conspicuous position on the
24premises where the licensee conducts business a sign that
25contains the following warning in block letters not less than
26one inch in height:

 

 

10000SB0337sam002- 26 -LRB100 05120 RLC 39330 a

1        "With few exceptions, it is unlawful for you to:
2            (1) store or leave an unsecured firearm in a place
3        where a child can obtain access to it,
4            (2) sell or transfer your firearm to someone else
5        without receiving approval for the transfer from the
6        Department of State Police, or
7            (3) fail to report the loss or theft of your
8        firearm to local law enforcement within 72 hours."
9    A licensee shall post any additional warnings or provide
10any other information regarding firearms laws and the safe
11storage of firearms to consumers as required by the Department
12by rule.
13    (i) Before issuance, renewal, or restoration of a
14dealership license, the Department shall inspect the premises
15of the proposed business to ensure compliance with this Act.
16Licensees shall have their places of business open for
17inspection by the Department and law enforcement during all
18hours of operation, provided that the Department may conduct no
19more than one unannounced inspection per dealer or dealership
20per year without good cause. Licensees shall make all records,
21documents, and firearms accessible for inspection upon the
22request of law enforcement and the Department.
23    (j) The premises where the licensee conducts business shall
24not be located in any district or area that is within 500 feet
25of any school, pre-school, or day-care facility. This
26subsection (j) does not apply to a licensee whose business

 

 

10000SB0337sam002- 27 -LRB100 05120 RLC 39330 a

1existed in that location on the effective date of this Act, and
2does not limit the authority of a local government to impose
3and enforce additional limits on the location of a business
4regulated under this Act.
 
5    Section 75. Dealership agent requirements. A licensed
6dealership may employ in the conduct of his or her business
7dealership agents under the following provisions:
8    (1) A dealership shall not knowingly allow a person to have
9unsupervised access to firearms in the inventory of the
10dealership or confidential or security information who:
11        (A) is younger than 21 years of age;
12        (B) does not have a valid and unexpired concealed carry
13    license or Firearm Owner's Identification Card; or
14        (C) has had a license denied, suspended, or revoked
15    under this Act, or been terminated from employment as a
16    dealership agent:
17            (i) within one year before the date the person's
18        application for employment with the dealership; and
19            (ii) that refusal, denial, suspension, revocation,
20        or termination was based on any provision of this Act.
21    (2) No person may act as a dealership agent under this
22Section until he or she has executed and furnished to the
23employer, on forms furnished by the Department, a verified
24statement to be known as "Dealership Agent's Statement" setting
25forth:

 

 

10000SB0337sam002- 28 -LRB100 05120 RLC 39330 a

1        (A) The person's full name, age, and residence address.
2        (B) That the person has not had a license denied,
3    revoked, or suspended under this Act, or been terminated
4    from employment as a dealership agent:
5            (i) within one year before the date the person's
6        application for employment with the dealership; and
7            (ii) that refusal, denial, suspension, revocation,
8        or termination was based on any provision of this Act.
9        (C) That the person will notify the dealership
10    immediately if his or her Firearm Owner's Identification
11    Card or concealed carry license is revoked for any reason.
12        (D) That the person will not divert firearms in
13    violation of the law.
14    (3) Each applicant for employment as a dealership agent
15shall provide a copy of his or her valid and unexpired
16concealed carry license, or have the validity of his or her
17Firearm Owner's Identification Card confirmed by the
18dealership through the Department of State Police in a manner
19prescribed by rule by the Department of State Police. The
20Department of State Police shall provide the dealership with an
21approval number if the Firearm Owner's Identification Card is
22currently valid.
23    (4) As part of an application for renewal or restoration of
24a dealership license, the dealership shall confirm the validity
25of the Firearm Owner's Identification Card of each dealership
26agent employed by the dealership, and record the unique

 

 

10000SB0337sam002- 29 -LRB100 05120 RLC 39330 a

1approval number provided by the Department of State Police in
2the record maintained under paragraph (5) of this Section,
3provided that a dealership shall not be required to confirm the
4validity of the Firearm Owner's Identification Card of a
5dealership agent if the dealership has already confirmed the
6validity of the dealership agent's Firearm Owner's
7Identification Card within the last 6 months or the dealership
8agent has provided the dealership with a copy of his or her
9valid and unexpired concealed carry license within the last 6
10months.
11    (5) Each dealership shall maintain a record of each
12dealership agent that is accessible to the Department. The
13record shall contain the following information:
14        (A) The Dealership Agent's Statement specified in
15    paragraph (2) of this Section; and
16        (B) A copy of the dealership agent's concealed carry
17    license or Firearm Owner's Identification Card, and the
18    approval number provided by the Department of State Police
19    when the dealership last confirmed the validity of the
20    dealership agent's Firearm Owner's Identification Card.
21    The Department may, by rule, prescribe further record
22    requirements.
23    (6) Every dealership shall maintain a separate roster of
24the names of all dealership agents and submit the roster to the
25Department on request.
26    (7) No dealership may employ any person to perform a

 

 

10000SB0337sam002- 30 -LRB100 05120 RLC 39330 a

1licensed activity under this Act unless the person possesses a
2valid dealer license under this Act or the requirements of this
3Section are met, or the person is exempt under paragraph (8) of
4this Section.
5    (8) Peace officers shall be exempt from the requirements of
6this Section relating to Firearm Owner's Identification Cards
7and concealed carry licenses. The dealership shall remain
8responsible for any peace officer employed under this
9exemption, regardless of whether the peace officer is
10compensated as an employee or as an independent contractor and
11as further defined by rule.
12    (9) Persons who have no unsupervised access to firearms in
13the inventory of a dealership or confidential or security
14information are exempt from the requirements of a dealership
15agent.
16    (10) This Section shall apply to unpaid or paid volunteers
17or other agents of the dealership who will have access to or
18control over firearms in the inventory of the dealership or
19confidential or security information, just as it applies to
20paid employees.
 
21    Section 80. Employment requirement. A dealership licensed
22under this Act is prohibited from evading or attempting to
23evade the requirements for dealership agents under this Act by
24engaging a contractor or independent contractor to perform the
25activities of a dealer or dealership agent, unless that person

 

 

10000SB0337sam002- 31 -LRB100 05120 RLC 39330 a

1is licensed under this Act.
 
2    Section 85. Disciplinary sanctions.
3    (a) The Department may deny issuance, refuse to renew, or
4restore or may reprimand, place on probation, suspend, revoke,
5or take other disciplinary or non-disciplinary action against
6any license, may impose a fine not to exceed $10,000 for each
7violation, and may assess costs as provided for under Section
8150, for any of the following, consistent with the Protection
9of Lawful Commerce in Arms Act, 15 U.S.C. 7901 through 7903 or
10amendments thereto:
11        (1) Material misstatement in furnishing information to
12    the Department or to any other State or federal agency.
13        (2) Violations of this Act, any of the rules adopted
14    under this Act, or any law applicable to the sale or
15    transfer of firearms.
16        (3) Making any misrepresentation for the purpose of
17    obtaining licenses or cards.
18        (4) A pattern of practice or other behavior which
19    demonstrates incapacity or incompetency to practice under
20    this Act.
21        (5) Aiding or assisting another person in violating any
22    provision of this Act or rules adopted under this Act.
23        (6) Failing, within 60 days, to provide information in
24    response to a written request made by the Department.
25        (7) Conviction of or plea of guilty or plea of nolo

 

 

10000SB0337sam002- 32 -LRB100 05120 RLC 39330 a

1    contendere to any crime that disqualifies the person from
2    obtaining a valid Firearm Owner's Identification Card.
3        (8) Continued practice, although the person has become
4    unfit to practice due to any of the following:
5            (A) Physical illness, mental illness, or other
6        impairment, including, but not limited to,
7        deterioration through the aging process or loss of
8        motor skills that results in the inability to serve the
9        public with reasonable judgment, skill, or safety.
10            (B) Any circumstance that disqualifies the person
11        from obtaining a valid Firearm Owner's Identification
12        Card.
13            (C) Habitual or excessive use or abuse of drugs
14        defined in law as controlled substances, alcohol, or
15        any other substance that results in the inability to
16        practice with reasonable judgment, skill, or safety.
17        (9) Receiving, directly or indirectly, compensation
18    for any firearms sold or transferred illegally.
19        (10) Discipline by another United States jurisdiction,
20    foreign nation, or governmental agency, if at least one of
21    the grounds for the discipline is the same or substantially
22    equivalent to those set forth in this Act.
23        (11) Giving differential treatment to a person that is
24    to that person's detriment because of race, color, creed,
25    sex, sexual orientation, religion, or national origin.
26        (12) Violation of any disciplinary order imposed on a

 

 

10000SB0337sam002- 33 -LRB100 05120 RLC 39330 a

1    licensee by the Department.
2        (13) Conducting a dealership without a valid license.
3        (14) Revealing confidential or security information,
4    except as specifically authorized by law, including but not
5    limited to information about purchasers and transferees of
6    firearms, provided that a licensee or dealership agent may
7    disclose this information under a court order, subpoena, or
8    search warrant or to the Department or federal, State, or
9    local law enforcement agencies upon request.
10        (15) Purporting to be a licensee-in-charge of an agency
11    without active participation in the agency.
12        (16) A finding by the Department that the licensee,
13    after having his or her license placed on probationary
14    status, has violated the terms of probation.
15        (17) Failure to report in writing to the Department,
16    within 60 days of an entry of a settlement or a verdict in
17    excess of $10,000, any legal action in which the business
18    of the dealer, dealership, or dealership agent was the
19    subject of the legal action.
20    (b) All fines imposed under this Section shall be paid
21within 60 days after the effective date of the order imposing
22the fine.
 
23    Section 90. Suspension or revocation of dealership agent
24authority.
25    (a) Dealership agents shall be subject to the disciplinary

 

 

10000SB0337sam002- 34 -LRB100 05120 RLC 39330 a

1sanctions of this Act and shall otherwise comply with this Act
2and the rules adopted under it. Notwithstanding any other
3provision in this Act to the contrary, dealership agents shall
4not be responsible for compliance with any requirement that
5this Act assigns to the dealership or the licensee-in-charge
6regardless of the agent's job title, job duties, or position in
7the dealership. The procedures for disciplining a licensee
8shall also apply in taking action against a dealership agent.
9    (b) The revocation of a dealer's or dealership agent's
10Firearm Owner's Identification Card or concealed carry
11license, if applicable, operates as an automatic suspension of
12the dealer license or dealership agent's authority under this
13Act. The suspension shall end only upon the issuance by the
14Department of State Police of a new Firearm Owner's
15Identification Card or concealed carry license to the dealer or
16dealership agent.
 
17    Section 95. Returned checks; fines. Any person who delivers
18a check or other payment to the Department that is returned to
19the Department unpaid by the financial institution upon which
20it is drawn shall pay to the Department, in addition to the
21amount already owed to the Department, a fine of $50. The fines
22imposed by this Section are in addition to any other discipline
23provided under this Act for unlicensed business or business on
24a nonrenewed license. The Department shall notify the person
25that payment of fees and fines shall be paid to the Department

 

 

10000SB0337sam002- 35 -LRB100 05120 RLC 39330 a

1by certified check or money order within 30 calendar days of
2the notification. If, after the expiration of 30 days from the
3date of the notification, the person has failed to submit the
4necessary remittance, the Department shall automatically
5terminate the license or deny the application, without hearing.
6If, after termination or denial, the person seeks a license, he
7or she shall apply to the Department for restoration or
8issuance of the license and pay all fees and fines due to the
9Department. The Department may establish a fee for the
10processing of an application for restoration of a license to
11pay all expenses of processing this application. The Secretary
12may waive the fines due under this Section in individual cases
13if the Secretary finds that the fines would be unreasonable or
14unnecessarily burdensome.
 
15    Section 100. Statute of limitations. No action may be taken
16under this Act against a person or entity licensed under this
17Act unless the action is commenced within 5 years after the
18occurrence of the alleged violations. A continuing violation
19shall be deemed to have occurred on the date when the
20circumstances last existed that give rise to the alleged
21violation.
 
22    Section 105. Complaints; investigations; hearings.
23    (a) The Department may investigate the actions of any
24applicant or of any person or persons holding or claiming to

 

 

10000SB0337sam002- 36 -LRB100 05120 RLC 39330 a

1hold a license or registration under this Act.
2    (b) The Department shall, before disciplining a licensee
3under Section 130 or refusing to issue or license, at least 30
4days before the date set for the hearing, (i) notify the
5accused in writing of the charges made and the time and place
6for the hearing on the charges, (ii) direct him or her to file
7a written answer to the charges under oath within 20 days after
8service, and (iii) inform the applicant or licensee that
9failure to answer will result in a default being entered
10against the applicant or licensee.
11    (c) At the time and place fixed in the notice, the Board or
12the hearing officer appointed by the Secretary shall proceed to
13hear the charges, and the parties or their counsel shall be
14accorded ample opportunity to present any pertinent
15statements, testimony, evidence, and arguments. The Board or
16hearing officer may continue the hearing from time to time. In
17case the person, after receiving the notice, fails to file an
18answer, his or her license may, in the discretion of the
19Secretary, having first received the recommendation of the
20Board, be suspended, revoked, or placed on probationary status,
21or be subject to whatever disciplinary action the Secretary
22considers proper, including limiting the scope, nature, or
23extent of the person's business or the imposition of a fine,
24without hearing, if the act or acts charged constitute
25sufficient grounds for that action under this Act.
26    (d) The written notice and any notice in the subsequent

 

 

10000SB0337sam002- 37 -LRB100 05120 RLC 39330 a

1proceeding may be served by certified mail to the licensee's
2address of record.
3    (e) The Secretary has the authority to appoint any attorney
4licensed to practice law in this State to serve as the hearing
5officer in any action for refusal to issue, restore, or renew a
6license or to discipline a licensee. The hearing officer has
7full authority to conduct the hearing.
 
8    Section 110. Hearing; rehearing.
9    (a) The Board or the hearing officer authorized by the
10Department shall hear evidence in support of the formal charges
11and evidence produced by the licensee. At the conclusion of the
12hearing, the Board shall present to the Secretary a written
13report of its findings of fact, conclusions of law, and
14recommendations. The report shall contain a finding of whether
15the accused person violated this Act or failed to comply with
16the conditions required in this Act. The Board shall specify
17the nature of the violation or failure to comply and shall make
18its recommendation to the Secretary.
19    (b) At the conclusion of the hearing, a copy of the Board
20or hearing officer's report shall be served upon the applicant
21or licensee by the Department, either personally or as provided
22in this Act for the service of a notice of hearing. Within 20
23calendar days after service, the applicant or licensee may
24present to the Department a motion in writing for a rehearing,
25which shall specify the particular grounds for rehearing. The

 

 

10000SB0337sam002- 38 -LRB100 05120 RLC 39330 a

1Department may respond to the motion for rehearing within 20
2calendar days after its service on the Department. If no motion
3for rehearing is filed, then upon the expiration of the time
4specified for filing such a motion, or upon denial of a motion
5for rehearing, the Secretary may enter an order in accordance
6with the recommendations of the Board or hearing officer. If
7the applicant or licensee orders from the reporting service and
8pays for a transcript of the record within the time for filing
9a motion for rehearing, the 20-day period within which a motion
10may be filed shall commence upon the delivery of the transcript
11to the applicant or licensee.
12    (c) Whenever the Secretary is not satisfied that
13substantial justice has been done, the Secretary may order a
14rehearing by the same or another hearing officer.
15    (d) All proceedings under this Section are matters of
16public record and shall be preserved.
17    (e) The dealer or dealership may continue to operate as a
18dealer or dealership during the course of an investigation or
19hearing, unless the Secretary finds that the public interest,
20safety, or welfare requires an emergency action.
21    (f) Upon the suspension or revocation of a license, the
22licensee shall surrender the license to the Department and,
23upon failure to do so, the Department shall seize the same.
 
24    Section 115. Disposition by consent order. At any point in
25any investigation or disciplinary proceeding provided for in

 

 

10000SB0337sam002- 39 -LRB100 05120 RLC 39330 a

1the Act, both parties may agree to a negotiated consent order.
2The consent order shall be final upon signature of the
3Secretary.
 
4    Section 120. Restoration of license after disciplinary
5proceedings. At any time after the successful completion of a
6term of indefinite probation, indefinite suspension, or
7revocation of a license, the Department may restore it to the
8licensee, unless, after an investigation and a hearing, the
9Secretary determines that restoration is not in the public
10interest. No person or entity whose license, card, or authority
11has been revoked as authorized in this Act may apply for
12restoration of that license, registration, or authority until
13such time as provided for in the Civil Administrative Code of
14Illinois.
 
15    Section 125. Injunction; cease and desist orders.
16    (a) Upon the filing of a verified petition in court, if
17satisfied by affidavit or otherwise that the person, firm,
18corporation, or other legal entity is or has been conducting
19activities in violation of this Act, the court may enter a
20temporary restraining order or preliminary injunction, without
21bond, enjoining the defendant from further activity. A copy of
22the verified complaint shall be served upon the defendant and
23the proceedings shall be conducted as in civil cases. If it is
24established the defendant has been or is conducting activities

 

 

10000SB0337sam002- 40 -LRB100 05120 RLC 39330 a

1in violation of this Act, the court may enter a judgment
2enjoining the defendant from that activity. In case of
3violation of any injunctive order or judgment entered under
4this Section, the court may punish the offender for contempt of
5court. Injunctive proceedings shall be in addition to all other
6penalties under this Act.
7    (b) If any person has engaged in the business of selling,
8leasing, or otherwise transferring firearms without having a
9valid license under this Act, then any licensee, any interested
10party, or any person injured thereby may, in addition to the
11Secretary, petition for relief as provided in subsection (a) of
12this Section.
13    (c) Whenever the Department has reason to believe a person,
14firm, corporation, or other legal entity has violated any
15provision of this Act, the Department may issue a rule to show
16cause why an order to cease and desist should not be entered
17against that person, firm, corporation, or other legal entity.
18The rule shall clearly set forth the grounds relied upon by the
19Department and shall provide a period of 7 days from the date
20of the rule to file an answer to the satisfaction of the
21Department. Failure to answer to the satisfaction of the
22Department shall cause an order to cease and desist to be
23issued immediately.
 
24    Section 130. Administrative review. All final
25administrative decisions of the Department are subject to

 

 

10000SB0337sam002- 41 -LRB100 05120 RLC 39330 a

1judicial review under Article III of the Code of Civil
2Procedure. The term "administrative decision" is defined as in
3Section 3-101 of the Code of Civil Procedure. The proceedings
4for judicial review shall be commenced in the circuit court of
5the county in which the party applying for review resides; but
6if the party is not a resident of this State, the venue shall
7be in Sangamon County. The Department shall not be required to
8certify any record to the court or file any answer in court or
9otherwise appear in any court in a judicial review proceeding,
10unless and until the Department has received from the plaintiff
11payment of the costs of furnishing and certifying the record,
12which costs shall be determined by the Department. Exhibits
13shall be certified without cost. Failure on the part of the
14applicant or licensee to file a receipt in court is grounds for
15dismissal of the action.
 
16    Section 135. Prima facie proof.
17    (a) An order or a certified copy thereof, over the seal of
18the Department and purporting to be signed by the Secretary, is
19prima facie proof that the signature is that of the Secretary,
20and the Secretary is qualified to act.
21    (b) A certified copy of a record of the Department shall,
22without further proof, be admitted into evidence in any legal
23proceeding, and shall be prima facie correct and prima facie
24evidence of the information contained therein.
 

 

 

10000SB0337sam002- 42 -LRB100 05120 RLC 39330 a

1    Section 140. Subpoenas.
2    (a) The Department may subpoena and bring before it any
3person to take the oral or written testimony or compel the
4production of any books, papers, records, or any other
5documents that the Secretary or his or her designee deems
6relevant or material to any such investigation or hearing
7conducted by the Department with the same fees and in the same
8manner as prescribed in civil cases in the courts of this
9State.
10    (b) Any circuit court, upon the application of the
11applicant, licensee, or Department, may order the attendance
12and testimony of witnesses and the production of relevant
13documents, files, records, books, and papers in connection with
14any hearing or investigation. The circuit court may compel
15obedience to its order by proceedings for contempt.
16    (c) The Secretary, the hearing officer, any member of the
17Board, or a certified shorthand court reporter may administer
18oaths at any hearing the Department conducts. Notwithstanding
19any other statute or Department rule to the contrary, all
20requests for testimony, production of documents or records
21shall be in accordance with this Act.
 
22    Section 145. Stenographers. The Department, at its
23expense, shall preserve the record of all proceedings at a
24formal hearing of any case. The notice of hearing, complaint,
25all other documents in the nature of pleadings and written

 

 

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1motions filed in the proceedings, the transcript of testimony,
2the report of the Board and orders of the Department shall be
3in the record of the proceedings.
 
4    Section 150. Fees; deposit of fees and fines. The
5Department shall by rule provide for fees for the
6administration and enforcement of this Act, and those fees are
7nonrefundable. An application fee or renewal fee for a
8dealership license or a dealer license shall not exceed $1,000
9for the 5-year period. All of the fees, penalties, and fines
10collected under this Act shall be deposited into the General
11Professions Dedicated Fund and shall be appropriated to the
12Department for the ordinary and contingent expenses of the
13Department in the administration and enforcement of this Act.
 
14    Section 155. Illinois Administrative Procedure Act;
15application.
16    (a) All rules required under this Act shall be adopted in
17accordance with Article 5 of the Illinois Administrative
18Procedure Act.
19    (b) Article 10 of the Illinois Administrative Procedure Act
20is expressly adopted and incorporated in this Act as if all of
21the provisions of that Article were included in this Act,
22except that the provision of paragraph (d) of Section 10-65 of
23the Illinois Administrative Procedure Act, which provides that
24at hearings the registrant or licensee has the right to show

 

 

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1compliance with all lawful requirements for retention or
2continuation or renewal of the license, is specifically
3excluded. For the purpose of this Act, the notice required
4under Section 10-25 of the Illinois Administrative Procedure
5Act is considered sufficient when mailed to the address of
6record of a party.
 
7    Section 160. Confidentiality. All information collected by
8the Department in the course of an examination or investigation
9of a licensee or applicant, including, but not limited to, any
10complaint against a licensee filed with the Department and
11information collected to investigate any such complaint, shall
12be maintained for the confidential use of the Department and
13shall not be disclosed. The Department shall not disclose the
14information to anyone other than law enforcement officials,
15regulatory agencies that have an appropriate regulatory
16interest as determined by the Secretary, or a party presenting
17a lawful subpoena to the Department. Information and documents
18disclosed to a federal, State, county, or local law enforcement
19agency shall not be disclosed by the agency for any purpose to
20any other agency or person. A formal complaint filed against a
21licensee by the Department or any order issued by the
22Department against a licensee or applicant shall be a public
23record, except as otherwise prohibited by law.
 
24    Section 165. Rules. The Department shall adopt rules

 

 

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1necessary to implement the provisions of this Act no later than
2180 days after the effective date of this Act. The Department
3may adopt rules necessary to implement the provisions of this
4Act through the use of emergency rulemaking in accordance with
5Section 5-45 of the Illinois Administrative Procedure Act for a
6period not to exceed 180 days after the effective date of this
7Act.
 
8    Section 900. The Regulatory Sunset Act is amended by adding
9Section 4.39 as follows:
 
10    (5 ILCS 80/4.39 new)
11    Sec. 4.39. Act repealed on January 1, 2029. The following
12Act is repealed on January 1, 2029:
13    The Gun Dealer Licensing Act.
 
14    Section 905. The Illinois Administrative Procedure Act is
15amended by changing Section 5-45 as follows:
 
16    (5 ILCS 100/5-45)  (from Ch. 127, par. 1005-45)
17    Sec. 5-45. Emergency rulemaking.
18    (a) "Emergency" means the existence of any situation that
19any agency finds reasonably constitutes a threat to the public
20interest, safety, or welfare.
21    (b) If any agency finds that an emergency exists that
22requires adoption of a rule upon fewer days than is required by

 

 

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1Section 5-40 and states in writing its reasons for that
2finding, the agency may adopt an emergency rule without prior
3notice or hearing upon filing a notice of emergency rulemaking
4with the Secretary of State under Section 5-70. The notice
5shall include the text of the emergency rule and shall be
6published in the Illinois Register. Consent orders or other
7court orders adopting settlements negotiated by an agency may
8be adopted under this Section. Subject to applicable
9constitutional or statutory provisions, an emergency rule
10becomes effective immediately upon filing under Section 5-65 or
11at a stated date less than 10 days thereafter. The agency's
12finding and a statement of the specific reasons for the finding
13shall be filed with the rule. The agency shall take reasonable
14and appropriate measures to make emergency rules known to the
15persons who may be affected by them.
16    (c) An emergency rule may be effective for a period of not
17longer than 150 days, but the agency's authority to adopt an
18identical rule under Section 5-40 is not precluded. No
19emergency rule may be adopted more than once in any 24-month
20period, except that this limitation on the number of emergency
21rules that may be adopted in a 24-month period does not apply
22to (i) emergency rules that make additions to and deletions
23from the Drug Manual under Section 5-5.16 of the Illinois
24Public Aid Code or the generic drug formulary under Section
253.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
26emergency rules adopted by the Pollution Control Board before

 

 

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1July 1, 1997 to implement portions of the Livestock Management
2Facilities Act, (iii) emergency rules adopted by the Illinois
3Department of Public Health under subsections (a) through (i)
4of Section 2 of the Department of Public Health Act when
5necessary to protect the public's health, (iv) emergency rules
6adopted pursuant to subsection (n) of this Section, (v)
7emergency rules adopted pursuant to subsection (o) of this
8Section, or (vi) emergency rules adopted pursuant to subsection
9(c-5) of this Section. Two or more emergency rules having
10substantially the same purpose and effect shall be deemed to be
11a single rule for purposes of this Section.
12    (c-5) To facilitate the maintenance of the program of group
13health benefits provided to annuitants, survivors, and retired
14employees under the State Employees Group Insurance Act of
151971, rules to alter the contributions to be paid by the State,
16annuitants, survivors, retired employees, or any combination
17of those entities, for that program of group health benefits,
18shall be adopted as emergency rules. The adoption of those
19rules shall be considered an emergency and necessary for the
20public interest, safety, and welfare.
21    (d) In order to provide for the expeditious and timely
22implementation of the State's fiscal year 1999 budget,
23emergency rules to implement any provision of Public Act 90-587
24or 90-588 or any other budget initiative for fiscal year 1999
25may be adopted in accordance with this Section by the agency
26charged with administering that provision or initiative,

 

 

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

 

 

10000SB0337sam002- 49 -LRB100 05120 RLC 39330 a

1rules adopted under this subsection (f). The adoption of
2emergency rules authorized by this subsection (f) shall be
3deemed to be necessary for the public interest, safety, and
4welfare.
5    (g) In order to provide for the expeditious and timely
6implementation of the State's fiscal year 2002 budget,
7emergency rules to implement any provision of Public Act 92-10
8or any other budget initiative for fiscal year 2002 may be
9adopted in accordance with this Section by the agency charged
10with administering that provision or initiative, except that
11the 24-month limitation on the adoption of emergency rules and
12the provisions of Sections 5-115 and 5-125 do not apply to
13rules adopted under this subsection (g). The adoption of
14emergency rules authorized by this subsection (g) shall be
15deemed to be necessary for the public interest, safety, and
16welfare.
17    (h) In order to provide for the expeditious and timely
18implementation of the State's fiscal year 2003 budget,
19emergency rules to implement any provision of Public Act 92-597
20or any other budget initiative for fiscal year 2003 may be
21adopted in accordance with this Section by the agency charged
22with administering that provision or initiative, except that
23the 24-month limitation on the adoption of emergency rules and
24the provisions of Sections 5-115 and 5-125 do not apply to
25rules adopted under this subsection (h). The adoption of
26emergency rules authorized by this subsection (h) shall be

 

 

10000SB0337sam002- 50 -LRB100 05120 RLC 39330 a

1deemed to be necessary for the public interest, safety, and
2welfare.
3    (i) In order to provide for the expeditious and timely
4implementation of the State's fiscal year 2004 budget,
5emergency rules to implement any provision of Public Act 93-20
6or any other budget initiative for fiscal year 2004 may be
7adopted in accordance with this Section by the agency charged
8with administering that provision or initiative, except that
9the 24-month limitation on the adoption of emergency rules and
10the provisions of Sections 5-115 and 5-125 do not apply to
11rules adopted under this subsection (i). The adoption of
12emergency rules authorized by this subsection (i) shall be
13deemed to be necessary for the public interest, safety, and
14welfare.
15    (j) In order to provide for the expeditious and timely
16implementation of the provisions of the State's fiscal year
172005 budget as provided under the Fiscal Year 2005 Budget
18Implementation (Human Services) Act, emergency rules to
19implement any provision of the Fiscal Year 2005 Budget
20Implementation (Human Services) Act may be adopted in
21accordance with this Section by the agency charged with
22administering that provision, except that the 24-month
23limitation on the adoption of emergency rules and the
24provisions of Sections 5-115 and 5-125 do not apply to rules
25adopted under this subsection (j). The Department of Public Aid
26may also adopt rules under this subsection (j) necessary to

 

 

10000SB0337sam002- 51 -LRB100 05120 RLC 39330 a

1administer the Illinois Public Aid Code and the Children's
2Health Insurance Program Act. The adoption of emergency rules
3authorized by this subsection (j) shall be deemed to be
4necessary for the public interest, safety, and welfare.
5    (k) In order to provide for the expeditious and timely
6implementation of the provisions of the State's fiscal year
72006 budget, emergency rules to implement any provision of
8Public Act 94-48 or any other budget initiative for fiscal year
92006 may be adopted in accordance with this Section by the
10agency charged with administering that provision or
11initiative, except that the 24-month limitation on the adoption
12of emergency rules and the provisions of Sections 5-115 and
135-125 do not apply to rules adopted under this subsection (k).
14The Department of Healthcare and Family Services may also adopt
15rules under this subsection (k) necessary to administer the
16Illinois Public Aid Code, the Senior Citizens and Persons with
17Disabilities Property Tax Relief Act, the Senior Citizens and
18Disabled Persons Prescription Drug Discount Program Act (now
19the Illinois Prescription Drug Discount Program Act), and the
20Children's Health Insurance Program Act. The adoption of
21emergency rules authorized by this subsection (k) shall be
22deemed to be necessary for the public interest, safety, and
23welfare.
24    (l) In order to provide for the expeditious and timely
25implementation of the provisions of the State's fiscal year
262007 budget, the Department of Healthcare and Family Services

 

 

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1may adopt emergency rules during fiscal year 2007, including
2rules effective July 1, 2007, in accordance with this
3subsection to the extent necessary to administer the
4Department's responsibilities with respect to amendments to
5the State plans and Illinois waivers approved by the federal
6Centers for Medicare and Medicaid Services necessitated by the
7requirements of Title XIX and Title XXI of the federal Social
8Security Act. The adoption of emergency rules authorized by
9this subsection (l) shall be deemed to be necessary for the
10public interest, safety, and welfare.
11    (m) In order to provide for the expeditious and timely
12implementation of the provisions of the State's fiscal year
132008 budget, the Department of Healthcare and Family Services
14may adopt emergency rules during fiscal year 2008, including
15rules effective July 1, 2008, in accordance with this
16subsection to the extent necessary to administer the
17Department's responsibilities with respect to amendments to
18the State plans and Illinois waivers approved by the federal
19Centers for Medicare and Medicaid Services necessitated by the
20requirements of Title XIX and Title XXI of the federal Social
21Security Act. The adoption of emergency rules authorized by
22this subsection (m) shall be deemed to be necessary for the
23public interest, safety, and welfare.
24    (n) In order to provide for the expeditious and timely
25implementation of the provisions of the State's fiscal year
262010 budget, emergency rules to implement any provision of

 

 

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1Public Act 96-45 or any other budget initiative authorized by
2the 96th General Assembly for fiscal year 2010 may be adopted
3in accordance with this Section by the agency charged with
4administering that provision or initiative. The adoption of
5emergency rules authorized by this subsection (n) shall be
6deemed to be necessary for the public interest, safety, and
7welfare. The rulemaking authority granted in this subsection
8(n) shall apply only to rules promulgated during Fiscal Year
92010.
10    (o) In order to provide for the expeditious and timely
11implementation of the provisions of the State's fiscal year
122011 budget, emergency rules to implement any provision of
13Public Act 96-958 or any other budget initiative authorized by
14the 96th General Assembly for fiscal year 2011 may be adopted
15in accordance with this Section by the agency charged with
16administering that provision or initiative. The adoption of
17emergency rules authorized by this subsection (o) is deemed to
18be necessary for the public interest, safety, and welfare. The
19rulemaking authority granted in this subsection (o) applies
20only to rules promulgated on or after July 1, 2010 (the
21effective date of Public Act 96-958) through June 30, 2011.
22    (p) In order to provide for the expeditious and timely
23implementation of the provisions of Public Act 97-689,
24emergency rules to implement any provision of Public Act 97-689
25may be adopted in accordance with this subsection (p) by the
26agency charged with administering that provision or

 

 

10000SB0337sam002- 54 -LRB100 05120 RLC 39330 a

1initiative. The 150-day limitation of the effective period of
2emergency rules does not apply to rules adopted under this
3subsection (p), and the effective period may continue through
4June 30, 2013. The 24-month limitation on the adoption of
5emergency rules does not apply to rules adopted under this
6subsection (p). The adoption of emergency rules authorized by
7this subsection (p) is deemed to be necessary for the public
8interest, safety, and welfare.
9    (q) In order to provide for the expeditious and timely
10implementation of the provisions of Articles 7, 8, 9, 11, and
1112 of Public Act 98-104, emergency rules to implement any
12provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
13may be adopted in accordance with this subsection (q) by the
14agency charged with administering that provision or
15initiative. The 24-month limitation on the adoption of
16emergency rules does not apply to rules adopted under this
17subsection (q). The adoption of emergency rules authorized by
18this subsection (q) is deemed to be necessary for the public
19interest, safety, and welfare.
20    (r) In order to provide for the expeditious and timely
21implementation of the provisions of Public Act 98-651,
22emergency rules to implement Public Act 98-651 may be adopted
23in accordance with this subsection (r) by the Department of
24Healthcare and Family Services. The 24-month limitation on the
25adoption of emergency rules does not apply to rules adopted
26under this subsection (r). The adoption of emergency rules

 

 

10000SB0337sam002- 55 -LRB100 05120 RLC 39330 a

1authorized by this subsection (r) is deemed to be necessary for
2the public interest, safety, and welfare.
3    (s) In order to provide for the expeditious and timely
4implementation of the provisions of Sections 5-5b.1 and 5A-2 of
5the Illinois Public Aid Code, emergency rules to implement any
6provision of Section 5-5b.1 or Section 5A-2 of the Illinois
7Public Aid Code may be adopted in accordance with this
8subsection (s) by the Department of Healthcare and Family
9Services. The rulemaking authority granted in this subsection
10(s) shall apply only to those rules adopted prior to July 1,
112015. Notwithstanding any other provision of this Section, any
12emergency rule adopted under this subsection (s) shall only
13apply to payments made for State fiscal year 2015. The adoption
14of emergency rules authorized by this subsection (s) is deemed
15to be necessary for the public interest, safety, and welfare.
16    (t) In order to provide for the expeditious and timely
17implementation of the provisions of Article II of Public Act
1899-6, emergency rules to implement the changes made by Article
19II of Public Act 99-6 to the Emergency Telephone System Act may
20be adopted in accordance with this subsection (t) by the
21Department of State Police. The rulemaking authority granted in
22this subsection (t) shall apply only to those rules adopted
23prior to July 1, 2016. The 24-month limitation on the adoption
24of emergency rules does not apply to rules adopted under this
25subsection (t). The adoption of emergency rules authorized by
26this subsection (t) is deemed to be necessary for the public

 

 

10000SB0337sam002- 56 -LRB100 05120 RLC 39330 a

1interest, safety, and welfare.
2    (u) In order to provide for the expeditious and timely
3implementation of the provisions of the Burn Victims Relief
4Act, emergency rules to implement any provision of the Act may
5be adopted in accordance with this subsection (u) by the
6Department of Insurance. The rulemaking authority granted in
7this subsection (u) shall apply only to those rules adopted
8prior to December 31, 2015. The adoption of emergency rules
9authorized by this subsection (u) is deemed to be necessary for
10the public interest, safety, and welfare.
11    (v) In order to provide for the expeditious and timely
12implementation of the provisions of Public Act 99-516,
13emergency rules to implement Public Act 99-516 may be adopted
14in accordance with this subsection (v) by the Department of
15Healthcare and Family Services. The 24-month limitation on the
16adoption of emergency rules does not apply to rules adopted
17under this subsection (v). The adoption of emergency rules
18authorized by this subsection (v) is deemed to be necessary for
19the public interest, safety, and welfare.
20    (w) In order to provide for the expeditious and timely
21implementation of the provisions of Public Act 99-796,
22emergency rules to implement the changes made by Public Act
2399-796 may be adopted in accordance with this subsection (w) by
24the Adjutant General. The adoption of emergency rules
25authorized by this subsection (w) is deemed to be necessary for
26the public interest, safety, and welfare.

 

 

10000SB0337sam002- 57 -LRB100 05120 RLC 39330 a

1    (x) In order to provide for the expeditious and timely
2implementation of the provisions of Public Act 99-906,
3emergency rules to implement subsection (i) of Section 16-115D,
4subsection (g) of Section 16-128A, and subsection (a) of
5Section 16-128B of the Public Utilities Act may be adopted in
6accordance with this subsection (x) by the Illinois Commerce
7Commission. The rulemaking authority granted in this
8subsection (x) shall apply only to those rules adopted within
9180 days after June 1, 2017 (the effective date of Public Act
1099-906). The adoption of emergency rules authorized by this
11subsection (x) is deemed to be necessary for the public
12interest, safety, and welfare.
13    (y) In order to provide for the expeditious and timely
14implementation of the provisions of this amendatory Act of the
15100th General Assembly, emergency rules to implement the
16changes made by this amendatory Act of the 100th General
17Assembly to Section 4.02 of the Illinois Act on Aging, Sections
185.5.4 and 5-5.4i of the Illinois Public Aid Code, Section 55-30
19of the Alcoholism and Other Drug Abuse and Dependency Act, and
20Sections 74 and 75 of the Mental Health and Developmental
21Disabilities Administrative Act may be adopted in accordance
22with this subsection (y) by the respective Department. The
23adoption of emergency rules authorized by this subsection (y)
24is deemed to be necessary for the public interest, safety, and
25welfare.
26    (z) In order to provide for the expeditious and timely

 

 

10000SB0337sam002- 58 -LRB100 05120 RLC 39330 a

1implementation of the provisions of this amendatory Act of the
2100th General Assembly, emergency rules to implement the
3changes made by this amendatory Act of the 100th General
4Assembly to Section 4.7 of the Lobbyist Registration Act may be
5adopted in accordance with this subsection (z) by the Secretary
6of State. The adoption of emergency rules authorized by this
7subsection (z) is deemed to be necessary for the public
8interest, safety, and welfare.
9    (aa) In order to provide for the expeditious and timely
10initial implementation of the changes made to Articles 5, 5A,
1112, and 14 of the Illinois Public Aid Code under the provisions
12of this amendatory Act of the 100th General Assembly, the
13Department of Healthcare and Family Services may adopt
14emergency rules in accordance with this subsection (aa). The
1524-month limitation on the adoption of emergency rules does not
16apply to rules to initially implement the changes made to
17Articles 5, 5A, 12, and 14 of the Illinois Public Aid Code
18adopted under this subsection (aa). The adoption of emergency
19rules authorized by this subsection (aa) is deemed to be
20necessary for the public interest, safety, and welfare.
21    (bb) In order to provide for the expeditious and timely
22implementation of the provisions of the Gun Dealer Licensing
23Act, emergency rules to implement any provision of the Act may
24be adopted in accordance with this subsection (bb) by the
25Department of Financial and Professional Regulation. The
26rulemaking authority granted in this subsection (bb) shall

 

 

10000SB0337sam002- 59 -LRB100 05120 RLC 39330 a

1apply only to those rules adopted no later than one year after
2the effective date of this amendatory Act of the 100th General
3Assembly. The adoption of emergency rules authorized by this
4subsection (bb) is deemed to be necessary for the public
5interest, safety, and welfare.
6(Source: P.A. 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; 99-143,
7eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff. 6-30-16;
899-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906, eff. 6-1-17;
9100-23, eff. 7-6-17; 100-554, eff. 11-16-17; 100-581, eff.
103-12-18.)".