101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3099

Introduced 2/5/2020, 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.

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FISCAL NOTE ACT MAY APPLY

A BILL FOR

SB3099

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1 AN ACT concerning finance.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Department of State Police Law of the Civil

5 Administrative Code of Illinois is amended by changing Section

6 2605-595 as follows:

7 (20 ILCS 2605/2605-595)

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

9 (a) There is created in the State treasury a special fund

10 known as the State Police Firearm Services Fund. The Fund shall

11 receive revenue under the Firearm Concealed Carry Act, the

12 Firearm Dealer License Certification Act, and Section 5 of the

13 Firearm Owners Identification Card Act. The Fund may also

14 receive revenue from grants, pass-through grants, donations,

15 appropriations, and any other legal source.

16 (a-5) Notwithstanding any other provision of law to the

17 contrary, and in addition to any other transfers that may be

18 provided by law, on the effective date of this amendatory Act

19 of the 101st General Assembly, or as soon thereafter as

20 practical, the State Comptroller shall direct and the State

21 Treasurer shall transfer the remaining balance from the Firearm

22 Dealer License Certification Fund into the State Police Firearm

23 Services Fund. Upon completion of the transfer, the Firearm

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1 Dealer License Certification Fund is dissolved, and any future

2 deposits due to that Fund and any outstanding obligations or

3 liabilities of that Fund shall pass to the State Police Firearm

4 Services Fund.

5 (b) The Department of State Police may use moneys in the

6 Fund to finance any of its lawful purposes, mandates,

7 functions, and duties under the Firearm Owners Identification

8 Card Act, the Firearm Dealer License Certification Act, and the

9 Firearm Concealed Carry Act, including the cost of sending

10 notices of expiration of Firearm Owner's Identification Cards,

11 concealed carry licenses, the prompt and efficient processing

12 of applications under the Firearm Owners Identification Card

13 Act and the Firearm Concealed Carry Act, the improved

14 efficiency and reporting of the LEADS and federal NICS law

15 enforcement data systems, and support for investigations

16 required under these Acts and law. Any surplus funds beyond

17 what is needed to comply with the aforementioned purposes shall

18 be used by the Department to improve the Law Enforcement

19 Agencies Data System (LEADS) and criminal history background

20 check system.

21 (c) Investment income that is attributable to the

22 investment of moneys in the Fund shall be retained in the Fund

23 for the uses specified in this Section.

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

25 Section 10. The State Finance Act is amended by changing

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1 Section 5.892, as added by Public Act 100-1178, as follows:

2 (30 ILCS 105/5.892)

3 Sec. 5.892. The Firearm Dealer License Certification Fund.

4 This Fund is dissolved upon the transfer of the remaining

5 balance from the Firearm Dealer License Certification Fund to

6 the State Police Firearm Services Fund as provided under

7 subsection (a-5) of Section 2605-595 of the Department of State

8 Police Law of the Civil Administrative Code of Illinois. This

9 Section is repealed on January 1, 2022.

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

11 Section 15. The Firearm Dealer License Certification Act is

12 amended by changing Section 5-70 as follows:

13 (430 ILCS 68/5-70)

14 Sec. 5-70. Fees and fines deposited in the State Police

15 Firearm Services Fund ~~Firearm Dealer License Certification~~

16 ~~Fund~~. The Department shall set and collect a fee for each

17 licensee certifying under this Act. The fee may not exceed $300

18 for a certified licensee operating without a retail location.

19 The fee may not exceed $1,500 for any certified licensee

20 operating with a retail location. The Department may not charge

21 a certified licensee in this State, operating under the same or

22 different business name, fees exceeding $40,000 for the

23 certification of multiple licenses. All fees and fines

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1 collected under this Act shall be deposited in the State Police

2 Firearm Services Fund ~~Firearm Dealer License Certification~~

3 ~~Fund which is created in the State treasury~~. Moneys in the Fund

4 shall be used for implementation and administration of this

5 Act.

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

7 Section 99. Effective date. This Act takes effect upon

8 becoming law.