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| | HB1273 Enrolled | | LRB100 03006 SMS 13011 b |
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| 1 | | AN ACT concerning regulation.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 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:
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| 8 | | (100 SB1657eng, Sec. 35)
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| 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 |
| 17 | | of this Act, and who submitted the application to the |
| 18 | | Department on or after January 1, 2019 but before October 1, |
| 19 | | 2019. If an applicant submits an application for a license |
| 20 | | before October 1, 2019 and the Department does not issue or |
| 21 | | deny the license on or before December 31, 2019, or the |
| 22 | | Department does not issue or deny a license within 90 days to |
| 23 | | an applicant who submits an application for a license or |
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| 1 | | renewal of a license on October 1, 2019 or thereafter, the |
| 2 | | applicant or licensee shall not be in violation of this Act on |
| 3 | | the basis of continuing to operate the business. |
| 4 | | (b) The expiration date, renewal period, and conditions for |
| 5 | | renewal and restoration of each license shall be set by rule. |
| 6 | | The renewal period of each license shall be 5 years. The holder |
| 7 | | may renew the license during the 90 days preceding its |
| 8 | | expiration by paying the required fee and by meeting conditions |
| 9 | | that the Department may specify. As a condition of renewal of a |
| 10 | | dealer's license, the Department shall receive from the |
| 11 | | applicant a copy of his or her valid and unexpired concealed |
| 12 | | carry license, or shall verify the validity of the applicant's |
| 13 | | Firearm Owner's Identification Card through the Department of |
| 14 | | State Police in a manner prescribed by rule by the Department |
| 15 | | of State Police. A dealership or dealer operating on an expired |
| 16 | | license is considered to be practicing without a license. |
| 17 | | (c) A dealership that has permitted a license to expire may |
| 18 | | have it restored by submitting an application to the |
| 19 | | Department, successfully completing an inspection by the |
| 20 | | Department, and by paying the required restoration fee and all |
| 21 | | lapsed renewal fees. |
| 22 | | (d) A dealer that has permitted a license to expire may |
| 23 | | have it restored by submitting an application to the |
| 24 | | Department, paying the required restoration fee and all lapsed |
| 25 | | renewal fees and by providing evidence of competence to resume |
| 26 | | practice satisfactory to the Department and the Board, which |
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| 1 | | shall include a copy of the license holder's valid and |
| 2 | | unexpired concealed carry license, or verification of the |
| 3 | | continued validity of the license holder's Firearm Owner's |
| 4 | | Identification Card through the Department of State Police in a |
| 5 | | manner prescribed by rule by the Department of State Police, |
| 6 | | and may include passing a written examination. |
| 7 | | (e) Any dealer whose license has expired while he or she |
| 8 | | has been engaged (1) in the federal service in active duty with |
| 9 | | the Army of the United States, the United States Navy, the |
| 10 | | Marine Corps, the Air Force, the Coast Guard, or the State |
| 11 | | Militia called into the service or training of the United |
| 12 | | States of America, or (2) in training or education under the |
| 13 | | supervision of the United States preliminary to induction into |
| 14 | | the military service, may have his or her license restored |
| 15 | | without paying any lapsed renewal fees or restoration fee, if |
| 16 | | within 2 years after termination of that service, training or |
| 17 | | education, other than by dishonorable discharge, he or she |
| 18 | | furnishes the Department with an affidavit to the effect that |
| 19 | | he or she has been so engaged and that his or her service, |
| 20 | | training or education has been so terminated. |
| 21 | | (f) A license shall not be denied any applicant because of |
| 22 | | the race, religion, creed, national origin, political beliefs |
| 23 | | or activities, age, sex, sexual orientation, or physical |
| 24 | | disability that does not affect a person's ability to practice |
| 25 | | with reasonable judgment, skill, or safety.
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| 26 | | (Source: 100SB1657eng.)
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| 1 | | (100 SB1657eng, Sec. 70)
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| 2 | | Sec. 70. Requirements; prohibitions. |
| 3 | | (a) The Department of Financial and Professional |
| 4 | | Regulation shall implement the provisions of this Section by |
| 5 | | rule. |
| 6 | | (b) A licensee shall maintain operating documents which |
| 7 | | shall include procedures for the oversight of the licensee and |
| 8 | | procedures to ensure accurate recordkeeping. |
| 9 | | (c) By the date of application, a licensee shall implement |
| 10 | | appropriate security measures, as provided by rule, to deter |
| 11 | | and prevent the theft of firearms and unauthorized entrance |
| 12 | | into areas containing firearms. The rules may provide for: |
| 13 | | (1) the manner of securing firearms when the location |
| 14 | | is both open and closed for business; |
| 15 | | (2) alarm systems for licensees; and |
| 16 | | (3) other reasonable requirements to deter illegal |
| 17 | | sales and reduce the risk of burglaries and other crimes or |
| 18 | | accidents at licensees' business establishments. |
| 19 | | (d) Beginning January 1, 2021, if If a licensee operates |
| 20 | | the business at a permanent physical location that is open to |
| 21 | | the public, that location shall be equipped with a video |
| 22 | | surveillance system sufficient to monitor the critical areas of |
| 23 | | the business premises, including, but not limited to, all |
| 24 | | places where firearms are stored, handled, sold, transferred, |
| 25 | | or carried. A video surveillance system of the licensee's |
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| 1 | | business premises may not be installed in a bathroom and may |
| 2 | | not monitor the bathrooms located in the business premises. The |
| 3 | | video surveillance system shall operate without interruption |
| 4 | | whenever the licensee is open for business. Whenever the |
| 5 | | licensee is not open for business, the system shall be |
| 6 | | triggered by a motion detector and begin recording immediately |
| 7 | | upon detection of any motion within the monitored area. The |
| 8 | | stored images shall be maintained on the business premises of |
| 9 | | the licensee for a period of not less than 90 days from the |
| 10 | | date of recording and shall only be available for inspection on |
| 11 | | the premises by the licensee, the licensee's dealership agents, |
| 12 | | the Department, or federal, State, and local law enforcement |
| 13 | | upon request, and neither the stored images, copies, records, |
| 14 | | or reproductions of the stored images shall leave the custody |
| 15 | | of the licensee except under a court order, subpoena, or search |
| 16 | | warrant. The licensee shall post a sign in a conspicuous place |
| 17 | | at each entrance to the premises that states in block letters |
| 18 | | not less than one inch in height: |
| 19 | | "THESE PREMISES ARE UNDER VIDEO SURVEILLANCE. YOUR IMAGE |
| 20 | | MAY BE RECORDED." |
| 21 | | (e) The area where the licensee stores firearms that are |
| 22 | | inventory of the licensee shall only be accessed by dealership |
| 23 | | agents, Department of Financial and Professional Regulation |
| 24 | | staff performing inspections, law enforcement or other |
| 25 | | emergency personnel, and contractors working on jobs unrelated |
| 26 | | to firearms, such as installing or maintaining security devices |
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| 1 | | or performing electrical wiring. |
| 2 | | (f) A licensee shall operate its business and conduct all |
| 3 | | sales and transfers of firearms in compliance with all federal |
| 4 | | and State laws, and maintain all records as required by federal |
| 5 | | and State laws. |
| 6 | | (g) A licensee shall make a photo copy of a buyer's or |
| 7 | | transferee's valid photo I.D. card whenever a sale transaction |
| 8 | | takes place. The photo copy shall be attached to the |
| 9 | | documentation detailing the record of sale. |
| 10 | | (h) A licensee shall post in a conspicuous position on the |
| 11 | | premises where the licensee conducts business a sign that |
| 12 | | contains the following warning in block letters not less than |
| 13 | | one inch in height: |
| 14 | | "With few exceptions, it is unlawful for you to: |
| 15 | | (1) store or leave an unsecured firearm in a place |
| 16 | | where a child can obtain access to it, |
| 17 | | (2) sell or transfer your firearm to someone else |
| 18 | | without receiving approval for the transfer from the |
| 19 | | Department of State Police, or |
| 20 | | (3) fail to report the loss or theft of your |
| 21 | | firearm to local law enforcement within 72 hours." |
| 22 | | A licensee shall post any additional warnings or provide |
| 23 | | any other information regarding firearms laws and the safe |
| 24 | | storage of firearms to consumers as required by the Department |
| 25 | | by rule. |
| 26 | | (i) Before issuance, renewal, or restoration of a |
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| 1 | | dealership license, the Department shall inspect the premises |
| 2 | | of the proposed business to ensure compliance with this Act. |
| 3 | | Licensees shall have their places of business open for |
| 4 | | inspection by the Department and law enforcement during all |
| 5 | | hours of operation, provided that the Department may conduct no |
| 6 | | more than one unannounced inspection per dealer or dealership |
| 7 | | per year without good cause. Licensees shall make all records, |
| 8 | | documents, and firearms accessible for inspection upon the |
| 9 | | request of law enforcement and the Department. |
| 10 | | (j) The premises where the licensee conducts business shall |
| 11 | | not be located in any district or area that is within 500 feet |
| 12 | | of any school, pre-school, or day-care facility. This |
| 13 | | subsection (j) does not apply to a licensee whose business |
| 14 | | existed in that location on the effective date of this Act, and |
| 15 | | does not limit the authority of a local government to impose |
| 16 | | and enforce additional limits on the location of a business |
| 17 | | regulated under this Act.
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| 18 | | (Source: 100SB1657eng.)
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| 19 | | (100SB1657eng, Sec. 150)
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| 20 | | Sec. 150. Fees; deposit of fees and fines. The Department |
| 21 | | shall by rule provide for fees for the administration and |
| 22 | | enforcement of this Act, and those fees are nonrefundable. An |
| 23 | | application fee or renewal fee for a dealership license or a |
| 24 | | dealer license shall not exceed $1,000 for the 5-year period. |
| 25 | | All of the fees, penalties, and fines collected under this Act |