Full Text of SB0333 100th General Assembly
SB0333sam001 100TH GENERAL ASSEMBLY | Sen. Don Harmon Filed: 10/31/2017
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| 1 | | AMENDMENT TO SENATE BILL 333
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 333 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. If and only if Senate Bill 1657 of the 100th | 5 | | General Assembly becomes
law in the form in which it passed the | 6 | | Senate on April 27, 2017, then the Gun Dealer Licensing Act is | 7 | | amended by changing Sections 35, 70, and 150 as follows: | 8 | | (100 SB1657eng, Sec. 35)
| 9 | | Sec. 35. Issuance of license; renewal; fees. | 10 | | (a) The Department shall, upon the applicant's | 11 | | satisfactory completion of the requirements under this Act and | 12 | | receipt of the fee, issue the license indicating the name and | 13 | | business location of the licensee and the date of expiration. | 14 | | On or before December 31, 2019, the Department shall issue | 15 | | dealer and dealership licenses to all qualified applicants | 16 | | whose business existed in that location on the effective date |
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| 1 | | of this Act, and who submitted the application to the | 2 | | Department on or after January 1, 2019 but before October 1, | 3 | | 2019. If an applicant submits an application for a license | 4 | | before October 1, 2019 and the Department does not issue or | 5 | | deny the license on or before December 31, 2019, or the | 6 | | Department does not issue or deny a license within 90 days to | 7 | | an applicant who submits an application for a license or | 8 | | renewal of a license on October 1, 2019 or thereafter, the | 9 | | applicant or licensee shall not be in violation of this Act on | 10 | | the basis of continuing to operate the business. | 11 | | (b) The expiration date and , renewal period for each | 12 | | license shall be 5 years. The , and conditions for renewal and | 13 | | restoration of each license shall be set by rule. The holder | 14 | | may renew the license during the 90 days preceding its | 15 | | expiration by paying the required fee and by meeting conditions | 16 | | that the Department may specify. As a condition of renewal of a | 17 | | dealer's license, the Department shall receive from the | 18 | | applicant a copy of his or her valid and unexpired concealed | 19 | | carry license, or shall verify the validity of the applicant's | 20 | | Firearm Owner's Identification Card through the Department of | 21 | | State Police in a manner prescribed by rule by the Department | 22 | | of State Police. A dealership or dealer operating on an expired | 23 | | license is considered to be practicing without a license. | 24 | | (c) A dealership that has permitted a license to expire may | 25 | | have it restored by submitting an application to the | 26 | | Department, successfully completing an inspection by the |
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| 1 | | Department, and by paying the required restoration fee and all | 2 | | lapsed renewal fees. | 3 | | (d) A dealer that has permitted a license to expire may | 4 | | have it restored by submitting an application to the | 5 | | Department, paying the required restoration fee and all lapsed | 6 | | renewal fees and by providing evidence of competence to resume | 7 | | practice satisfactory to the Department and the Board, which | 8 | | shall include a copy of the license holder's valid and | 9 | | unexpired concealed carry license, or verification of the | 10 | | continued validity of the license holder's Firearm Owner's | 11 | | Identification Card through the Department of State Police in a | 12 | | manner prescribed by rule by the Department of State Police, | 13 | | and may include passing a written examination. | 14 | | (e) Any dealer whose license has expired while he or she | 15 | | has been engaged (1) in the federal service in active duty with | 16 | | the Army of the United States, the United States Navy, the | 17 | | Marine Corps, the Air Force, the Coast Guard, or the State | 18 | | Militia called into the service or training of the United | 19 | | States of America, or (2) in training or education under the | 20 | | supervision of the United States preliminary to induction into | 21 | | the military service, may have his or her license restored | 22 | | without paying any lapsed renewal fees or restoration fee, if | 23 | | within 2 years after termination of that service, training or | 24 | | education, other than by dishonorable discharge, he or she | 25 | | furnishes the Department with an affidavit to the effect that | 26 | | he or she has been so engaged and that his or her service, |
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| 1 | | training or education has been so terminated. | 2 | | (f) A license shall not be denied any applicant because of | 3 | | the race, religion, creed, national origin, political beliefs | 4 | | or activities, age, sex, sexual orientation, or physical | 5 | | disability that does not affect a person's ability to practice | 6 | | with reasonable judgment, skill, or safety.
| 7 | | (Source: 100SB1657eng.) | 8 | | (100 SB1657eng, Sec. 70)
| 9 | | Sec. 70. Requirements; prohibitions. | 10 | | (a) The Department of Financial and Professional | 11 | | Regulation shall implement the provisions of this Section by | 12 | | rule. | 13 | | (b) A licensee shall maintain operating documents which | 14 | | shall include procedures for the oversight of the licensee and | 15 | | procedures to ensure accurate recordkeeping. | 16 | | (c) By the date of application, a licensee shall implement | 17 | | appropriate security measures, as provided by rule, to deter | 18 | | and prevent the theft of firearms and unauthorized entrance | 19 | | into areas containing firearms. The rules may provide for: | 20 | | (1) the manner of securing firearms when the location | 21 | | is both open and closed for business; | 22 | | (2) alarm systems for licensees; and | 23 | | (3) other reasonable requirements to deter illegal | 24 | | sales and reduce the risk of burglaries and other crimes or | 25 | | accidents at licensees' business establishments. |
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| 1 | | (d) Beginning January 1, 2021, if If a licensee operates | 2 | | the business at a permanent physical location that is open to | 3 | | the public, that location shall be equipped with a video | 4 | | surveillance system sufficient to monitor the critical areas of | 5 | | the business premises, including, but not limited to, all | 6 | | places where firearms are stored, handled, sold, transferred, | 7 | | or carried. The video surveillance system shall operate without | 8 | | interruption whenever the licensee is open for business. | 9 | | Whenever the licensee is not open for business, the system | 10 | | shall be triggered by a motion detector and begin recording | 11 | | immediately upon detection of any motion within the monitored | 12 | | area. The stored images shall be maintained on the business | 13 | | premises of the licensee for a period of not less than 90 days | 14 | | from the date of recording and shall only be available for | 15 | | inspection on the premises by the licensee, the licensee's | 16 | | dealership agents, the Department, or federal, State, and local | 17 | | law enforcement upon request, and neither the stored images, | 18 | | copies, records, or reproductions of the stored images shall | 19 | | leave the custody of the licensee except under a court order, | 20 | | subpoena, or search warrant. The licensee shall post a sign in | 21 | | a conspicuous place at each entrance to the premises that | 22 | | states in block letters not less than one inch in height: | 23 | | "THESE PREMISES ARE UNDER VIDEO SURVEILLANCE. YOUR IMAGE | 24 | | MAY BE RECORDED." | 25 | | (e) The area where the licensee stores firearms that are | 26 | | inventory of the licensee shall only be accessed by dealership |
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| 1 | | agents, Department of Financial and Professional Regulation | 2 | | staff performing inspections, law enforcement or other | 3 | | emergency personnel, and contractors working on jobs unrelated | 4 | | to firearms, such as installing or maintaining security devices | 5 | | or performing electrical wiring. | 6 | | (f) A licensee shall operate its business and conduct all | 7 | | sales and transfers of firearms in compliance with all federal | 8 | | and State laws, and maintain all records as required by federal | 9 | | and State laws. | 10 | | (g) A licensee shall make a photo copy of a buyer's or | 11 | | transferee's valid photo I.D. card whenever a sale transaction | 12 | | takes place. The photo copy shall be attached to the | 13 | | documentation detailing the record of sale. | 14 | | (h) A licensee shall post in a conspicuous position on the | 15 | | premises where the licensee conducts business a sign that | 16 | | contains the following warning in block letters not less than | 17 | | one inch in height: | 18 | | "With few exceptions, it is unlawful for you to: | 19 | | (1) store or leave an unsecured firearm in a place | 20 | | where a child can obtain access to it, | 21 | | (2) sell or transfer your firearm to someone else | 22 | | without receiving approval for the transfer from the | 23 | | Department of State Police, or | 24 | | (3) fail to report the loss or theft of your | 25 | | firearm to local law enforcement within 72 hours." | 26 | | A licensee shall post any additional warnings or provide |
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| 1 | | any other information regarding firearms laws and the safe | 2 | | storage of firearms to consumers as required by the Department | 3 | | by rule. | 4 | | (i) Before issuance, renewal, or restoration of a | 5 | | dealership license, the Department shall inspect the premises | 6 | | of the proposed business to ensure compliance with this Act. | 7 | | Licensees shall have their places of business open for | 8 | | inspection by the Department and law enforcement during all | 9 | | hours of operation, provided that the Department may conduct no | 10 | | more than one unannounced inspection per dealer or dealership | 11 | | per year without good cause. Licensees shall make all records, | 12 | | documents, and firearms accessible for inspection upon the | 13 | | request of law enforcement and the Department. | 14 | | (j) The premises where the licensee conducts business shall | 15 | | not be located in any district or area that is within 500 feet | 16 | | of any school, pre-school, or day-care facility. This | 17 | | subsection (j) does not apply to a licensee whose business | 18 | | existed in that location on the effective date of this Act, and | 19 | | does not limit the authority of a local government to impose | 20 | | and enforce additional limits on the location of a business | 21 | | regulated under this Act.
| 22 | | (Source: 100SB1657eng.) | 23 | | (100SB1657eng, Sec. 150)
| 24 | | Sec. 150. Fees; deposit of fees and fines. The Department | 25 | | shall by rule provide for fees for the administration and |
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| 1 | | enforcement of this Act, and those fees are nonrefundable. An | 2 | | application fee or renewal fee for a dealership license or a | 3 | | dealer license shall not exceed $1,000 for the 5-year period. | 4 | | All of the fees, penalties, and fines collected under this Act | 5 | | shall be deposited into the General Professions Dedicated Fund | 6 | | and shall be appropriated to the Department for the ordinary | 7 | | and contingent expenses of the Department in the administration | 8 | | and enforcement of this Act.
| 9 | | (Source: 100SB1657eng.) | 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | Senate Bill 1657 of the 100th General Assembly becoming law.".
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