SB3099 101ST GENERAL ASSEMBLY

LRB101 16346 RJF 65722 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3099

Introduced 2/6/2020, by Sen. Heather A. Steans

SYNOPSIS AS INTRODUCED:

20 ILCS 2605/2605-595
30 ILCS 105/5.892
430 ILCS 68/5-70

Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides for the transfer of the remaining balance from the Firearm Dealer License Certification Fund into the State Police Firearm Services Fund. Dissolves the Firearm Dealer License Certification Fund. Provides that any future deposits due to and any outstanding obligations or liabilities of the Firearm Dealer License Certification Fund shall pass to the State Police Firearm Services Fund. Amends the State Finance Act and the Firearm Dealer License Certification Act to make conforming changes. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning finance.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Department of State Police Law of the Civil Administrative Code of Illinois is amended by changing Section 2605-595 as follows:

(20 ILCS 2605/2605-595)

Sec. 2605-595. State Police Firearm Services Fund.

(a) There is created in the State treasury a special fund known as the State Police Firearm Services Fund. The Fund shall receive revenue under the Firearm Concealed Carry Act, the Firearm Dealer License Certification Act, and Section 5 of the Firearm Owners Identification Card Act. The Fund may also receive revenue from grants, pass-through grants, donations, appropriations, and any other legal source.

(a-5) Notwithstanding any other provision of law to the contrary, and in addition to any other transfers that may be provided by law, on the effective date of this amendatory Act of the 101st General Assembly, or as soon thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer the remaining balance from the Firearm Dealer License Certification Fund into the State Police Firearm Services Fund. Upon completion of the transfer, the Firearm Dealer License Certification Fund is dissolved, and any future deposits due to that Fund and any outstanding obligations or liabilities of that Fund shall pass to the State Police Firearm Services Fund.

(b) The Department of State Police may use moneys in the Fund to finance any of its lawful purposes, mandates, functions, and duties under the Firearm Owners Identification Card Act, the Firearm Dealer License Certification Act, and the Firearm Concealed Carry Act, including the cost of sending notices of expiration of Firearm Owner's Identification Cards, concealed carry licenses, the prompt and efficient processing of applications under the Firearm Owners Identification Card Act and the Firearm Concealed Carry Act, the improved efficiency and reporting of the LEADS and federal NICS law enforcement data systems, and support for investigations required under these Acts and law. Any surplus funds beyond what is needed to comply with the aforementioned purposes shall be used by the Department to improve the Law Enforcement Agencies Data System (LEADS) and criminal history background check system.

(c) Investment income that is attributable to the investment of moneys in the Fund shall be retained in the Fund for the uses specified in this Section.

(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)

Section 10. The State Finance Act is amended by changing Section 5.892, as added by Public Act 100-1178, as follows:

(30 ILCS 105/5.892)

Sec. 5.892. The Firearm Dealer License Certification Fund. This Fund is dissolved upon the transfer of the remaining balance from the Firearm Dealer License Certification Fund to the State Police Firearm Services Fund as provided under subsection (a-5) of Section 2605-595 of the Department of State Police Law of the Civil Administrative Code of Illinois. This Section is repealed on January 1, 2022.

(Source: P.A. 100-1178, eff. 1-18-19; 101-81, eff. 7-12-19.)

Section 15. The Firearm Dealer License Certification Act is amended by changing Section 5-70 as follows:

(430 ILCS 68/5-70)

Sec. 5-70. Fees and fines deposited in the State Police Firearm Services Fund Firearm Dealer License Certification Fund. The Department shall set and collect a fee for each licensee certifying under this Act. The fee may not exceed $300 for a certified licensee operating without a retail location. The fee may not exceed $1,500 for any certified licensee operating with a retail location. The Department may not charge a certified licensee in this State, operating under the same or different business name, fees exceeding $40,000 for the certification of multiple licenses. All fees and fines collected under this Act shall be deposited in the State Police Firearm Services Fund Firearm Dealer License Certification Fund which is created in the State treasury. Moneys in the Fund shall be used for implementation and administration of this Act.

(Source: P.A. 100-1178, eff. 1-18-19.)

Section 99. Effective date. This Act takes effect upon becoming law.