Illinois General Assembly - Full Text of HB5170
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Full Text of HB5170  101st General Assembly

HB5170 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5170

 

Introduced , by Rep. Jennifer Gong-Gershowitz

 

SYNOPSIS AS INTRODUCED:
 
215 ILCS 5/445  from Ch. 73, par. 1057
215 ILCS 5/445a
430 ILCS 65/4  from Ch. 38, par. 83-4
430 ILCS 65/8  from Ch. 38, par. 83-8

    Amends the Illinois Insurance Code. Prohibits surplus line insurance producers from procuring and domestic surplus line insurers from insuring the risk of legal fees, costs, or expenses related to an investigation, indictment, or prosecution of any criminal charge arising out of the use of a firearm. Amends the Firearm Owners Identification Card Act. Provides that an applicant for a Firearm Owner's Identification Card or for renewal of that Card must submit to the Illinois State Police that he or she has proof of liability insurance coverage of at least $1,000,000 for accidental injuries caused by a firearm. Provides that the Illinois State Police may require annual proof of the person's liability insurance coverage and may suspend a person's Firearm Owner's Identification Card for failure to maintain that coverage or for failure to provide the Illinois State Police with proof of that coverage. Provides that the proof of liability insurance coverage required under these provisions is required for both an initial application for a Firearm Owner's Identification Card and for renewal of that Card.


LRB101 18069 RLC 67507 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5170LRB101 18069 RLC 67507 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Insurance Code is amended by
5changing Sections 445 and 445a as follows:
 
6    (215 ILCS 5/445)  (from Ch. 73, par. 1057)
7    Sec. 445. Surplus line.
8    (1) Definitions. For the purposes of this Section:
9    "Affiliate" means, with respect to an insured, any entity
10that controls, is controlled by, or is under common control
11with the insured. For the purpose of this definition, an entity
12has control over another entity if:
13        (A) the entity directly or indirectly or acting through
14    one or more other persons owns, controls, or has the power
15    to vote 25% or more of any class of voting securities of
16    the other entity; or
17        (B) the entity controls in any manner the election of a
18    majority of the directors or trustees of the other entity.
19    "Affiliated group" means any group of entities that are all
20affiliated.
21    "Authorized insurer" means an insurer that holds a
22certificate of authority issued by the Director but, for the
23purposes of this Section, does not include a domestic surplus

 

 

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1line insurer as defined in Section 445a or any residual market
2mechanism.
3    "Exempt commercial purchaser" means any person purchasing
4commercial insurance that, at the time of placement, meets the
5following requirements:
6        (A) The person employs or retains a qualified risk
7    manager to negotiate insurance coverage.
8        (B) The person has paid aggregate nationwide
9    commercial property and casualty insurance premiums in
10    excess of $100,000 in the immediately preceding 12 months.
11        (C) The person meets at least one of the following
12    criteria:
13            (I) The person possesses a net worth in excess of
14        $20,000,000, as such amount is adjusted pursuant to the
15        provision in this definition concerning percentage
16        change.
17            (II) The person generates annual revenues in
18        excess of $50,000,000, as such amount is adjusted
19        pursuant to the provision in this definition
20        concerning percentage change.
21            (III) The person employs more than 500 full-time or
22        full-time equivalent employees per individual insured
23        or is a member of an affiliated group employing more
24        than 1,000 employees in the aggregate.
25            (IV) The person is a not-for-profit organization
26        or public entity generating annual budgeted

 

 

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1        expenditures of at least $30,000,000, as such amount is
2        adjusted pursuant to the provision in this definition
3        concerning percentage change.
4            (V) The person is a municipality with a population
5        in excess of 50,000 persons.
6    Effective on January 1, 2015 and each fifth January 1
7occurring thereafter, the amounts in subitems (I), (II), and
8(IV) of item (C) of this definition shall be adjusted to
9reflect the percentage change for such 5-year period in the
10Consumer Price Index for All Urban Consumers published by the
11Bureau of Labor Statistics of the Department of Labor.
12    "Home state" means the following:
13        (A) With respect to an insured, except as provided in
14    item (B) of this definition:
15            (I) the state in which an insured maintains its
16        principal place of business or, in the case of an
17        individual, the individual's principal residence; or
18            (II) if 100% of the insured risk is located out of
19        the state referred to in subitem (I), the state to
20        which the greatest percentage of the insured's taxable
21        premium for that insurance contract is allocated.
22        (B) If more than one insured from an affiliated group
23    are named insureds on a single surplus line insurance
24    contract, then "home state" means the home state, as
25    determined pursuant to item (A) of this definition, of the
26    member of the affiliated group that has the largest

 

 

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1    percentage of premium attributed to it under such insurance
2    contract.
3        If more than one insured from a group that is not
4    affiliated are named insureds on a single surplus line
5    insurance contract, then:
6            (I) if individual group members pay 100% of the
7        premium for the insurance from their own funds, "home
8        state" means the home state, as determined pursuant to
9        item (A) of this definition, of each individual group
10        member; each individual group member's coverage under
11        the surplus line insurance contract shall be treated as
12        a separate surplus line contract for the purposes of
13        this Section;
14            (II) otherwise, "home state" means the home state,
15        as determined pursuant to item (A) of this definition,
16        of the group.
17    Nothing in this definition shall be construed to alter the
18terms of the surplus line insurance contract.
19    "Multi-State risk" means a risk with insured exposures in
20more than one State.
21    "NAIC" means the National Association of Insurance
22Commissioners or any successor entity.
23    "Qualified risk manager" means, with respect to a
24policyholder of commercial insurance, a person who meets all of
25the following requirements:
26        (A) The person is an employee of, or third-party

 

 

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1    consultant retained by, the commercial policyholder.
2        (B) The person provides skilled services in loss
3    prevention, loss reduction, or risk and insurance coverage
4    analysis, and purchase of insurance.
5        (C) With regard to the person:
6            (I) the person has:
7                (a) a bachelor's degree or higher from an
8            accredited college or university in risk
9            management, business administration, finance,
10            economics, or any other field determined by the
11            Director or his designee to demonstrate minimum
12            competence in risk management; and
13                (b) the following:
14                    (i) three years of experience in risk
15                financing, claims administration, loss
16                prevention, risk and insurance analysis, or
17                purchasing commercial lines of insurance; or
18                    (ii) alternatively has:
19                        (AA) a designation as a Chartered
20                    Property and Casualty Underwriter (in this
21                    subparagraph (ii) referred to as "CPCU")
22                    issued by the American Institute for
23                    CPCU/Insurance Institute of America;
24                        (BB) a designation as an Associate in
25                    Risk Management (ARM) issued by the
26                    American Institute for CPCU/Insurance

 

 

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1                    Institute of America;
2                        (CC) a designation as Certified Risk
3                    Manager (CRM) issued by the National
4                    Alliance for Insurance Education &
5                    Research;
6                        (DD) a designation as a RIMS Fellow
7                    (RF) issued by the Global Risk Management
8                    Institute; or
9                        (EE) any other designation,
10                    certification, or license determined by
11                    the Director or his designee to
12                    demonstrate minimum competency in risk
13                    management;
14            (II) the person has:
15                (a) at least 7 years of experience in risk
16            financing, claims administration, loss prevention,
17            risk and insurance coverage analysis, or
18            purchasing commercial lines of insurance; and
19                (b) has any one of the designations specified
20            in subparagraph (ii) of paragraph (b);
21            (III) the person has at least 10 years of
22        experience in risk financing, claims administration,
23        loss prevention, risk and insurance coverage analysis,
24        or purchasing commercial lines of insurance; or
25            (IV) the person has a graduate degree from an
26        accredited college or university in risk management,

 

 

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1        business administration, finance, economics, or any
2        other field determined by the Director or his or her
3        designee to demonstrate minimum competence in risk
4        management.
5    "Residual market mechanism" means an association,
6organization, or other entity described in Article XXXIII of
7this Code or Section 7-501 of the Illinois Vehicle Code or any
8similar association, organization, or other entity.
9    "State" means any state of the United States, the District
10of Columbia, the Commonwealth of Puerto Rico, Guam, the
11Northern Mariana Islands, the Virgin Islands, and American
12Samoa.
13    "Surplus line insurance" means insurance on a risk:
14        (A) of the kinds specified in Classes 2 and 3 of
15    Section 4 of this Code; and
16        (B) that is procured from an unauthorized insurer after
17    the insurance producer representing the insured or the
18    surplus line producer is unable, after diligent effort, to
19    procure the insurance from authorized insurers; and
20        (C) where Illinois is the home state of the insured,
21    for policies effective, renewed or extended on July 21,
22    2011 or later and for multiyear policies upon the policy
23    anniversary that falls on or after July 21, 2011; and
24        (D) that is located in Illinois, for policies effective
25    prior to July 21, 2011.
26    "Unauthorized insurer" means an insurer that does not hold

 

 

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1a valid certificate of authority issued by the Director but,
2for the purposes of this Section, shall also include a domestic
3surplus line insurer as defined in Section 445a.
4    (1.5) Procuring surplus line insurance; surplus line
5insurer requirements.
6        (a) Insurance producers may procure surplus line
7    insurance only if licensed as a surplus line producer under
8    this Section.
9        (b) Licensed surplus line producers may procure
10    surplus line insurance from an unauthorized insurer
11    domiciled in the United States only if the insurer:
12            (i) is permitted in its domiciliary jurisdiction
13        to write the type of insurance involved; and
14             (ii) has, based upon information available to the
15        surplus line producer, a policyholders surplus of not
16        less than $15,000,000 determined in accordance with
17        the laws of its domiciliary jurisdiction; and
18             (iii) has standards of solvency and management
19        that are adequate for the protection of policyholders.
20         Where an unauthorized insurer does not meet the
21    standards set forth in (ii) and (iii) above, a surplus line
22    producer may, if necessary, procure insurance from that
23    insurer only if prior written warning of such fact or
24    condition is given to the insured by the insurance producer
25    or surplus line producer.
26        (c) Licensed surplus line producers may procure

 

 

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1    surplus line insurance from an unauthorized insurer
2    domiciled outside of the United States only if the insurer
3    meets the standards for unauthorized insurers domiciled in
4    the United States in paragraph (b) of this subsection (1.5)
5    or is listed on the Quarterly Listing of Alien Insurers
6    maintained by the International Insurers Department of the
7    NAIC. The Director shall make the Quarterly Listing of
8    Alien Insurers available to surplus line producers without
9    charge.
10        (d) Insurance producers shall not procure from an
11    unauthorized insurer an insurance policy:
12            (i) that is designed to satisfy the proof of
13        financial responsibility and insurance requirements in
14        any Illinois law where the law requires that the proof
15        of insurance is issued by an authorized insurer or
16        residual market mechanism;
17            (ii) that covers the risk of accidental injury to
18        employees arising out of and in the course of
19        employment according to the provisions of the Workers'
20        Compensation Act; or
21            (iii) that insures any Illinois personal lines
22        risk, as defined in subsection (a), (b), or (c) of
23        Section 143.13 of this Code, that is eligible for
24        residual market mechanism coverage, unless the insured
25        or prospective insured requests limits of liability
26        greater than the limits provided by the residual market

 

 

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1        mechanism. In the course of making a diligent effort to
2        procure insurance from authorized insurers, an
3        insurance producer shall not be required to submit a
4        risk to a residual market mechanism when the risk is
5        not eligible for coverage or exceeds the limits
6        available in the residual market mechanism; or .
7            (iv) that insures the risk of legal fees, costs, or
8        expenses related to an investigation, indictment, or
9        prosecution of any criminal charge arising out of the
10        use of a firearm.
11        Where there is an insurance policy issued by an
12    authorized insurer or residual market mechanism insuring a
13    risk described in item (i), (ii), or (iii), or (iv) of this
14    subsection above, nothing in this paragraph shall be
15    construed to prohibit a surplus line producer from
16    procuring from an unauthorized insurer a policy insuring
17    the risk on an excess or umbrella basis where the excess or
18    umbrella policy is written over one or more underlying
19    policies.
20        (e) Licensed surplus line producers may procure
21    surplus line insurance from an unauthorized insurer for an
22    exempt commercial purchaser without making the required
23    diligent effort to procure the insurance from authorized
24    insurers if:
25            (i) the producer has disclosed to the exempt
26        commercial purchaser that such insurance may or may not

 

 

HB5170- 11 -LRB101 18069 RLC 67507 b

1        be available from authorized insurers that may provide
2        greater protection with more regulatory oversight; and
3            (ii) the exempt commercial purchaser has
4        subsequently in writing requested the producer to
5        procure such insurance from an unauthorized insurer.
6    (2) Surplus line producer; license. Any licensed producer
7who is a resident of this State, or any nonresident who
8qualifies under Section 500-40, may be licensed as a surplus
9line producer upon payment of an annual license fee of $400.
10    A surplus line producer so licensed shall keep a separate
11account of the business transacted thereunder for 7 years from
12the policy effective date which shall be open at all times to
13the inspection of the Director or his representative.
14    No later than July 21, 2012, the State of Illinois shall
15participate in the national insurance producer database of the
16NAIC, or any other equivalent uniform national database, for
17the licensure of surplus line producers and the renewal of such
18licenses.
19    (3) Taxes and reports.
20        (a) Surplus line tax and penalty for late payment. The
21    surplus line tax rate for a surplus line insurance policy
22    or contract is determined as follows:
23            (i) 3% for policies or contracts with an effective
24        date prior to July 1, 2003;
25            (ii) 3.5% for policies or contracts with an
26        effective date of July 1, 2003 or later.

 

 

HB5170- 12 -LRB101 18069 RLC 67507 b

1        A surplus line producer shall file with the Director on
2    or before February 1 and August 1 of each year a report in
3    the form prescribed by the Director on all surplus line
4    insurance procured from unauthorized insurers and
5    submitted to the Surplus Line Association of Illinois
6    during the preceding 6 month period ending December 31 or
7    June 30 respectively, and on the filing of such report
8    shall pay to the Director for the use and benefit of the
9    State a sum equal to the surplus line tax rate multiplied
10    by the gross premiums less returned premiums upon all
11    surplus line insurance submitted to the Surplus Line
12    Association of Illinois during the preceding 6 months.
13        Any surplus line producer who fails to pay the full
14    amount due under this subsection is liable, in addition to
15    the amount due, for such late fee, penalty, and interest
16    charges as are provided for under Section 412 of this Code.
17    The Director, through the Attorney General, may institute
18    an action in the name of the People of the State of
19    Illinois, in any court of competent jurisdiction, for the
20    recovery of the amount of such taxes, late fees, interest,
21    and penalties due, and prosecute the same to final
22    judgment, and take such steps as are necessary to collect
23    the same.
24        (b) Fire Marshal Tax. Each surplus line producer shall
25    file with the Director on or before March 31 of each year a
26    report in the form prescribed by the Director on all fire

 

 

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1    insurance procured from unauthorized insurers and
2    submitted to the Surplus Line Association of Illinois
3    subject to tax under Section 12 of the Fire Investigation
4    Act and shall pay to the Director the fire marshal tax
5    required thereunder.
6        (c) Taxes and fees charged to insured. The taxes
7    imposed under this subsection and the countersigning fees
8    charged by the Surplus Line Association of Illinois may be
9    charged to and collected from surplus line insureds.
10    (4) (Blank).
11    (5) Submission of documents to Surplus Line Association of
12Illinois. A surplus line producer shall submit every insurance
13contract issued under his or her license to the Surplus Line
14Association of Illinois for recording and countersignature.
15The submission and countersignature may be effected through
16electronic means. The submission shall set forth:
17        (a) the name of the insured;
18        (b) the description and location of the insured
19    property or risk;
20        (c) the amount insured;
21        (d) the gross premiums charged or returned;
22        (e) the name of the unauthorized insurer from whom
23    coverage has been procured;
24        (f) the kind or kinds of insurance procured; and
25        (g) amount of premium subject to tax required by
26    Section 12 of the Fire Investigation Act.

 

 

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1    Proposals, endorsements, and other documents which are
2incidental to the insurance but which do not affect the premium
3charged are exempted from filing and countersignature.
4    The submission of insuring contracts to the Surplus Line
5Association of Illinois constitutes a certification by the
6surplus line producer or by the insurance producer who
7presented the risk to the surplus line producer for placement
8as a surplus line risk that after diligent effort the required
9insurance could not be procured from authorized insurers and
10that such procurement was otherwise in accordance with the
11surplus line law.
12    (6) Countersignature required. It shall be unlawful for an
13insurance producer to deliver any unauthorized insurer
14contract unless such insurance contract is countersigned by the
15Surplus Line Association of Illinois.
16    (7) Inspection of records. A surplus line producer shall
17maintain separate records of the business transacted under his
18or her license for 7 years from the policy effective date,
19including complete copies of surplus line insurance contracts
20maintained on paper or by electronic means, which records shall
21be open at all times for inspection by the Director and by the
22Surplus Line Association of Illinois.
23    (8) Violations and penalties. The Director may suspend or
24revoke or refuse to renew a surplus line producer license for
25any violation of this Code. In addition to or in lieu of
26suspension or revocation, the Director may subject a surplus

 

 

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1line producer to a civil penalty of up to $2,000 for each cause
2for suspension or revocation. Such penalty is enforceable under
3subsection (5) of Section 403A of this Code.
4    (9) Director may declare insurer ineligible. If the
5Director determines that the further assumption of risks might
6be hazardous to the policyholders of an unauthorized insurer,
7the Director may order the Surplus Line Association of Illinois
8not to countersign insurance contracts evidencing insurance in
9such insurer and order surplus line producers to cease
10procuring insurance from such insurer.
11    (10) Service of process upon Director. Insurance contracts
12delivered under this Section from unauthorized insurers, other
13than domestic surplus line insurers as defined in Section 445a,
14shall contain a provision designating the Director and his
15successors in office the true and lawful attorney of the
16insurer upon whom may be served all lawful process in any
17action, suit or proceeding arising out of such insurance.
18Service of process made upon the Director to be valid hereunder
19must state the name of the insured, the name of the
20unauthorized insurer and identify the contract of insurance.
21The Director at his option is authorized to forward a copy of
22the process to the Surplus Line Association of Illinois for
23delivery to the unauthorized insurer or the Director may
24deliver the process to the unauthorized insurer by other means
25which he considers to be reasonably prompt and certain.
26    (10.5) Insurance contracts delivered under this Section

 

 

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1from unauthorized insurers, other than domestic surplus line
2insurers as defined in Section 445a, shall have stamped or
3imprinted on the first page thereof in not less than 12-pt.
4bold face type the following legend: "Notice to Policyholder:
5This contract is issued, pursuant to Section 445 of the
6Illinois Insurance Code, by a company not authorized and
7licensed to transact business in Illinois and as such is not
8covered by the Illinois Insurance Guaranty Fund." Insurance
9contracts delivered under this Section from domestic surplus
10line insurers as defined in Section 445a shall have stamped or
11imprinted on the first page thereof in not less than 12-pt.
12bold face type the following legend: "Notice to Policyholder:
13This contract is issued by a domestic surplus line insurer, as
14defined in Section 445a of the Illinois Insurance Code,
15pursuant to Section 445, and as such is not covered by the
16Illinois Insurance Guaranty Fund."
17    (11) The Illinois Surplus Line law does not apply to
18insurance of property and operations of railroads or aircraft
19engaged in interstate or foreign commerce, insurance of
20vessels, crafts or hulls, cargoes, marine builder's risks,
21marine protection and indemnity, or other risks including
22strikes and war risks insured under ocean or wet marine forms
23of policies.
24    (12) Surplus line insurance procured under this Section,
25including insurance procured from a domestic surplus line
26insurer, is not subject to the provisions of the Illinois

 

 

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1Insurance Code other than Sections 123, 123.1, 401, 401.1, 402,
2403, 403A, 408, 412, 445, 445.1, 445.2, 445.3, 445.4, and all
3of the provisions of Article XXXI to the extent that the
4provisions of Article XXXI are not inconsistent with the terms
5of this Act.
6(Source: P.A. 97-955, eff. 8-14-12; 98-978, eff. 1-1-15.)
 
7    (215 ILCS 5/445a)
8    Sec. 445a. Domestic surplus line insurer.
9    (a) A domestic insurer possessing policyholder surplus of
10at least $15,000,000 may pursuant to a resolution by its board
11of directors, and with the written approval of the Director, be
12designated as a "domestic surplus line insurer".
13    (b) A domestic surplus line insurer may insure in this
14State an Illinois risk only if procured from a surplus line
15producer pursuant to Section 445 of this Code.
16    (c) A domestic surplus line insurer must agree not to issue
17a policy designed to satisfy the financial responsibility
18requirements of the Illinois Vehicle Code, the Workers'
19Compensation Act, or the Workers' Occupational Diseases Act. A
20domestic surplus line insurer is not subject to the provisions
21of Articles XXXIII, XXXIII 1/2, XXXIV, XXXVIIIA, Section 468,
22or Section 478.1 of this Code.
23    (c-1) A domestic surplus line insurer may not insure the
24risk of legal fees, costs, or expenses related to the
25investigation, indictment, or prosecution of any criminal

 

 

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1charge arising out of the use of a firearm.
2    (d) For the purposes of the federal Nonadmitted and
3Reinsurance Reform Act of 2010 (15 USC 8201 et seq.), a
4domestic surplus line insurer shall be considered a nonadmitted
5insurer, as the term is defined in the Act, with respect to
6risks insured in this State.
7(Source: P.A. 97-955, eff. 8-14-12.)
 
8    Section 10. The Firearm Owners Identification Card Act is
9amended by changing Sections 4 and 8 as follows:
 
10    (430 ILCS 65/4)  (from Ch. 38, par. 83-4)
11    Sec. 4. Application for Firearm Owner's Identification
12Cards.
13    (a) Each applicant for a Firearm Owner's Identification
14Card must:
15        (1) Make application on blank forms prepared and
16    furnished at convenient locations throughout the State by
17    the Department of State Police, or by electronic means, if
18    and when made available by the Department of State Police;
19    and
20        (2) Submit evidence to the Department of State Police
21    that:
22            (i) This subparagraph (i) applies through the
23        180th day following the effective date of this
24        amendatory Act of the 101st General Assembly. He or she

 

 

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1        is 21 years of age or over, or if he or she is under 21
2        years of age that he or she has the written consent of
3        his or her parent or legal guardian to possess and
4        acquire firearms and firearm ammunition and that he or
5        she has never been convicted of a misdemeanor other
6        than a traffic offense or adjudged delinquent,
7        provided, however, that such parent or legal guardian
8        is not an individual prohibited from having a Firearm
9        Owner's Identification Card and files an affidavit
10        with the Department as prescribed by the Department
11        stating that he or she is not an individual prohibited
12        from having a Card;
13            (i-5) This subparagraph (i-5) applies on and after
14        the 181st day following the effective date of this
15        amendatory Act of the 101st General Assembly. He or she
16        is 21 years of age or over, or if he or she is under 21
17        years of age that he or she has never been convicted of
18        a misdemeanor other than a traffic offense or adjudged
19        delinquent and is an active duty member of the United
20        States Armed Forces or has the written consent of his
21        or her parent or legal guardian to possess and acquire
22        firearms and firearm ammunition, provided, however,
23        that such parent or legal guardian is not an individual
24        prohibited from having a Firearm Owner's
25        Identification Card and files an affidavit with the
26        Department as prescribed by the Department stating

 

 

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1        that he or she is not an individual prohibited from
2        having a Card or the active duty member of the United
3        States Armed Forces under 21 years of age annually
4        submits proof to the Department of State Police, in a
5        manner prescribed by the Department;
6            (ii) He or she has not been convicted of a felony
7        under the laws of this or any other jurisdiction;
8            (iii) He or she is not addicted to narcotics;
9            (iv) He or she has not been a patient in a mental
10        health facility within the past 5 years or, if he or
11        she has been a patient in a mental health facility more
12        than 5 years ago submit the certification required
13        under subsection (u) of Section 8 of this Act;
14            (v) He or she is not a person with an intellectual
15        disability;
16            (vi) He or she is not an alien who is unlawfully
17        present in the United States under the laws of the
18        United States;
19            (vii) He or she is not subject to an existing order
20        of protection prohibiting him or her from possessing a
21        firearm;
22            (viii) He or she has not been convicted within the
23        past 5 years of battery, assault, aggravated assault,
24        violation of an order of protection, or a substantially
25        similar offense in another jurisdiction, in which a
26        firearm was used or possessed;

 

 

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1            (ix) He or she has not been convicted of domestic
2        battery, aggravated domestic battery, or a
3        substantially similar offense in another jurisdiction
4        committed before, on or after January 1, 2012 (the
5        effective date of Public Act 97-158). If the applicant
6        knowingly and intelligently waives the right to have an
7        offense described in this clause (ix) tried by a jury,
8        and by guilty plea or otherwise, results in a
9        conviction for an offense in which a domestic
10        relationship is not a required element of the offense
11        but in which a determination of the applicability of 18
12        U.S.C. 922(g)(9) is made under Section 112A-11.1 of the
13        Code of Criminal Procedure of 1963, an entry by the
14        court of a judgment of conviction for that offense
15        shall be grounds for denying the issuance of a Firearm
16        Owner's Identification Card under this Section;
17            (x) (Blank);
18            (xi) He or she is not an alien who has been
19        admitted to the United States under a non-immigrant
20        visa (as that term is defined in Section 101(a)(26) of
21        the Immigration and Nationality Act (8 U.S.C.
22        1101(a)(26))), or that he or she is an alien who has
23        been lawfully admitted to the United States under a
24        non-immigrant visa if that alien is:
25                (1) admitted to the United States for lawful
26            hunting or sporting purposes;

 

 

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1                (2) an official representative of a foreign
2            government who is:
3                    (A) accredited to the United States
4                Government or the Government's mission to an
5                international organization having its
6                headquarters in the United States; or
7                    (B) en route to or from another country to
8                which that alien is accredited;
9                (3) an official of a foreign government or
10            distinguished foreign visitor who has been so
11            designated by the Department of State;
12                (4) a foreign law enforcement officer of a
13            friendly foreign government entering the United
14            States on official business; or
15                (5) one who has received a waiver from the
16            Attorney General of the United States pursuant to
17            18 U.S.C. 922(y)(3);
18            (xii) He or she is not a minor subject to a
19        petition filed under Section 5-520 of the Juvenile
20        Court Act of 1987 alleging that the minor is a
21        delinquent minor for the commission of an offense that
22        if committed by an adult would be a felony;
23            (xiii) He or she is not an adult who had been
24        adjudicated a delinquent minor under the Juvenile
25        Court Act of 1987 for the commission of an offense that
26        if committed by an adult would be a felony;

 

 

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1            (xiv) He or she is a resident of the State of
2        Illinois;
3            (xv) He or she has not been adjudicated as a person
4        with a mental disability;
5            (xvi) He or she has not been involuntarily admitted
6        into a mental health facility; and
7            (xvii) He or she is not a person with a
8        developmental disability; and
9            (xviii) He or she has proof of liability insurance
10        coverage of at least $1,000,000 for accidental
11        injuries caused by a firearm; and
12        (3) Upon request by the Department of State Police,
13    sign a release on a form prescribed by the Department of
14    State Police waiving any right to confidentiality and
15    requesting the disclosure to the Department of State Police
16    of limited mental health institution admission information
17    from another state, the District of Columbia, any other
18    territory of the United States, or a foreign nation
19    concerning the applicant for the sole purpose of
20    determining whether the applicant is or was a patient in a
21    mental health institution and disqualified because of that
22    status from receiving a Firearm Owner's Identification
23    Card. No mental health care or treatment records may be
24    requested. The information received shall be destroyed
25    within one year of receipt.
26    (a-5) Each applicant for a Firearm Owner's Identification

 

 

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1Card who is over the age of 18 shall furnish to the Department
2of State Police either his or her Illinois driver's license
3number or Illinois Identification Card number, except as
4provided in subsection (a-10).
5    (a-10) Each applicant for a Firearm Owner's Identification
6Card, who is employed as a law enforcement officer, an armed
7security officer in Illinois, or by the United States Military
8permanently assigned in Illinois and who is not an Illinois
9resident, shall furnish to the Department of State Police his
10or her driver's license number or state identification card
11number from his or her state of residence. The Department of
12State Police may adopt rules to enforce the provisions of this
13subsection (a-10).
14    (a-15) If an applicant applying for a Firearm Owner's
15Identification Card moves from the residence address named in
16the application, he or she shall immediately notify in a form
17and manner prescribed by the Department of State Police of that
18change of address.
19    (a-20) Each applicant for a Firearm Owner's Identification
20Card shall furnish to the Department of State Police his or her
21photograph. An applicant who is 21 years of age or older
22seeking a religious exemption to the photograph requirement
23must furnish with the application an approved copy of United
24States Department of the Treasury Internal Revenue Service Form
254029. In lieu of a photograph, an applicant regardless of age
26seeking a religious exemption to the photograph requirement

 

 

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1shall submit fingerprints on a form and manner prescribed by
2the Department with his or her application.
3    (b) Each application form shall include the following
4statement printed in bold type: "Warning: Entering false
5information on an application for a Firearm Owner's
6Identification Card is punishable as a Class 2 felony in
7accordance with subsection (d-5) of Section 14 of the Firearm
8Owners Identification Card Act.".
9    (c) Upon such written consent, pursuant to Section 4,
10paragraph (a)(2)(i), the parent or legal guardian giving the
11consent shall be liable for any damages resulting from the
12applicant's use of firearms or firearm ammunition.
13(Source: P.A. 101-80, eff. 7-12-19.)
 
14    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
15    Sec. 8. Grounds for denial, suspension, and revocation. The
16Department of State Police has authority to deny an application
17for or to revoke and seize a Firearm Owner's Identification
18Card previously issued under this Act only if the Department
19finds that the applicant or the person to whom such card was
20issued is or was at the time of issuance:
21        (a) A person under 21 years of age who has been
22    convicted of a misdemeanor other than a traffic offense or
23    adjudged delinquent;
24        (b) This subsection (b) applies through the 180th day
25    following the effective date of this amendatory Act of the

 

 

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1    101st General Assembly. A person under 21 years of age who
2    does not have the written consent of his parent or guardian
3    to acquire and possess firearms and firearm ammunition, or
4    whose parent or guardian has revoked such written consent,
5    or where such parent or guardian does not qualify to have a
6    Firearm Owner's Identification Card;
7        (b-5) This subsection (b-5) applies on and after the
8    181st day following the effective date of this amendatory
9    Act of the 101st General Assembly. A person under 21 years
10    of age who is not an active duty member of the United
11    States Armed Forces and does not have the written consent
12    of his or her parent or guardian to acquire and possess
13    firearms and firearm ammunition, or whose parent or
14    guardian has revoked such written consent, or where such
15    parent or guardian does not qualify to have a Firearm
16    Owner's Identification Card;
17        (c) A person convicted of a felony under the laws of
18    this or any other jurisdiction;
19        (d) A person addicted to narcotics;
20        (e) A person who has been a patient of a mental health
21    facility within the past 5 years or a person who has been a
22    patient in a mental health facility more than 5 years ago
23    who has not received the certification required under
24    subsection (u) of this Section. An active law enforcement
25    officer employed by a unit of government who is denied,
26    revoked, or has his or her Firearm Owner's Identification

 

 

HB5170- 27 -LRB101 18069 RLC 67507 b

1    Card seized under this subsection (e) may obtain relief as
2    described in subsection (c-5) of Section 10 of this Act if
3    the officer did not act in a manner threatening to the
4    officer, another person, or the public as determined by the
5    treating clinical psychologist or physician, and the
6    officer seeks mental health treatment;
7        (f) A person whose mental condition is of such a nature
8    that it poses a clear and present danger to the applicant,
9    any other person or persons or the community;
10        (g) A person who has an intellectual disability;
11        (h) A person who intentionally makes a false statement
12    in the Firearm Owner's Identification Card application;
13        (i) An alien who is unlawfully present in the United
14    States under the laws of the United States;
15        (i-5) An alien who has been admitted to the United
16    States under a non-immigrant visa (as that term is defined
17    in Section 101(a)(26) of the Immigration and Nationality
18    Act (8 U.S.C. 1101(a)(26))), except that this subsection
19    (i-5) does not apply to any alien who has been lawfully
20    admitted to the United States under a non-immigrant visa if
21    that alien is:
22            (1) admitted to the United States for lawful
23        hunting or sporting purposes;
24            (2) an official representative of a foreign
25        government who is:
26                (A) accredited to the United States Government

 

 

HB5170- 28 -LRB101 18069 RLC 67507 b

1            or the Government's mission to an international
2            organization having its headquarters in the United
3            States; or
4                (B) en route to or from another country to
5            which that alien is accredited;
6            (3) an official of a foreign government or
7        distinguished foreign visitor who has been so
8        designated by the Department of State;
9            (4) a foreign law enforcement officer of a friendly
10        foreign government entering the United States on
11        official business; or
12            (5) one who has received a waiver from the Attorney
13        General of the United States pursuant to 18 U.S.C.
14        922(y)(3);
15        (j) (Blank);
16        (k) A person who has been convicted within the past 5
17    years of battery, assault, aggravated assault, violation
18    of an order of protection, or a substantially similar
19    offense in another jurisdiction, in which a firearm was
20    used or possessed;
21        (l) A person who has been convicted of domestic
22    battery, aggravated domestic battery, or a substantially
23    similar offense in another jurisdiction committed before,
24    on or after January 1, 2012 (the effective date of Public
25    Act 97-158). If the applicant or person who has been
26    previously issued a Firearm Owner's Identification Card

 

 

HB5170- 29 -LRB101 18069 RLC 67507 b

1    under this Act knowingly and intelligently waives the right
2    to have an offense described in this paragraph (l) tried by
3    a jury, and by guilty plea or otherwise, results in a
4    conviction for an offense in which a domestic relationship
5    is not a required element of the offense but in which a
6    determination of the applicability of 18 U.S.C. 922(g)(9)
7    is made under Section 112A-11.1 of the Code of Criminal
8    Procedure of 1963, an entry by the court of a judgment of
9    conviction for that offense shall be grounds for denying an
10    application for and for revoking and seizing a Firearm
11    Owner's Identification Card previously issued to the
12    person under this Act;
13        (m) (Blank);
14        (n) A person who is prohibited from acquiring or
15    possessing firearms or firearm ammunition by any Illinois
16    State statute or by federal law;
17        (o) A minor subject to a petition filed under Section
18    5-520 of the Juvenile Court Act of 1987 alleging that the
19    minor is a delinquent minor for the commission of an
20    offense that if committed by an adult would be a felony;
21        (p) An adult who had been adjudicated a delinquent
22    minor under the Juvenile Court Act of 1987 for the
23    commission of an offense that if committed by an adult
24    would be a felony;
25        (q) A person who is not a resident of the State of
26    Illinois, except as provided in subsection (a-10) of

 

 

HB5170- 30 -LRB101 18069 RLC 67507 b

1    Section 4;
2        (r) A person who has been adjudicated as a person with
3    a mental disability;
4        (s) A person who has been found to have a developmental
5    disability;
6        (t) A person involuntarily admitted into a mental
7    health facility; or
8        (u) A person who has had his or her Firearm Owner's
9    Identification Card revoked or denied under subsection (e)
10    of this Section or item (iv) of paragraph (2) of subsection
11    (a) of Section 4 of this Act because he or she was a
12    patient in a mental health facility as provided in
13    subsection (e) of this Section, shall not be permitted to
14    obtain a Firearm Owner's Identification Card, after the
15    5-year period has lapsed, unless he or she has received a
16    mental health evaluation by a physician, clinical
17    psychologist, or qualified examiner as those terms are
18    defined in the Mental Health and Developmental
19    Disabilities Code, and has received a certification that he
20    or she is not a clear and present danger to himself,
21    herself, or others. The physician, clinical psychologist,
22    or qualified examiner making the certification and his or
23    her employer shall not be held criminally, civilly, or
24    professionally liable for making or not making the
25    certification required under this subsection, except for
26    willful or wanton misconduct. This subsection does not

 

 

HB5170- 31 -LRB101 18069 RLC 67507 b

1    apply to a person whose firearm possession rights have been
2    restored through administrative or judicial action under
3    Section 10 or 11 of this Act; or .
4    (v) A person who has not submitted to the Illinois State
5Police proof of liability insurance coverage of at least
6$1,000,000 for accidental injuries caused by a firearm.
7    The Illinois State Police may require annual proof of the
8person's liability insurance coverage and may suspend a
9person's Firearm Owner's Identification Card for failure to
10maintain that coverage or for failure to provide the Illinois
11State Police with proof of that coverage. The proof of
12liability insurance coverage required under subparagraph
13(xviii) of paragraph (2) of subsection (a) of Section 4 is
14required for both an initial application for a Firearm Owner's
15Identification Card and for renewal of that Card.
16    Upon revocation of a person's Firearm Owner's
17Identification Card, the Department of State Police shall
18provide notice to the person and the person shall comply with
19Section 9.5 of this Act.
20(Source: P.A. 101-80, eff. 7-12-19.)