Bill Amendment: IL HB3320 | 2025-2026 | 104th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: RIFL ACT
Status: 2026-05-11 - Added Co-Sponsor Rep. Curtis J. Tarver, II [HB3320 Detail]
Download: Illinois-2025-HB3320-House_Amendment_003.html
Bill Title: RIFL ACT
Status: 2026-05-11 - Added Co-Sponsor Rep. Curtis J. Tarver, II [HB3320 Detail]
Download: Illinois-2025-HB3320-House_Amendment_003.html
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| 1 | AMENDMENT TO HOUSE BILL 3320 | ||||||
| 2 | AMENDMENT NO. ______. Amend House Bill 3320 by replacing | ||||||
| 3 | everything after the enacting clause with the following: | ||||||
| 4 | "Section 1. Short title. This Act may be cited as the | ||||||
| 5 | Responsibility in Firearm Legislation Act. | ||||||
| 6 | Section 5. Findings and purpose. The General Assembly | ||||||
| 7 | finds that the people of the State of Illinois have incurred | ||||||
| 8 | undue direct costs and financial burdens from injuries and | ||||||
| 9 | deaths as a result of the use of firearms in this State. | ||||||
| 10 | Therefore, to protect the health, safety, and welfare of the | ||||||
| 11 | people of the State of Illinois, it is necessary that firearm | ||||||
| 12 | manufacturers who generate substantial public costs share the | ||||||
| 13 | financial consequences of their for-profit activity with the | ||||||
| 14 | public and obtain licensing to sell, distribute, or import in | ||||||
| 15 | Illinois. The proceeds of licensing under this Act are | ||||||
| 16 | intended to be distributed within the State for community | ||||||
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| 1 | violence intervention, victim services, evidence-based | ||||||
| 2 | high-risk youth intervention services, and evidence-based | ||||||
| 3 | violence prevention services and must be substantially related | ||||||
| 4 | to reducing public costs and harms created by firearm injury. | ||||||
| 5 | Section 10. Definitions. In this Act, unless the context | ||||||
| 6 | requires otherwise: | ||||||
| 7 | "Destructive device" has the meaning given the term in 18 | ||||||
| 8 | U.S.C. 921(a)(4). | ||||||
| 9 | "Direct costs" means costs incurred for the following: | ||||||
| 10 | medical treatment and care; medical devices and prescription | ||||||
| 11 | drugs; mental health treatment provided by a psychiatrist, | ||||||
| 12 | psychologist, social worker, or behavioral therapist; physical | ||||||
| 13 | therapy, occupational therapy, and rehabilitation services; | ||||||
| 14 | funeral, burial, and cremation services; emergency | ||||||
| 15 | transportation; lost wages; emergency relocation; property | ||||||
| 16 | damage; legal services; emergency child or dependent care; or | ||||||
| 17 | law enforcement and judicial costs. | ||||||
| 18 | "Distributor of firearms" or "distributor" means a person | ||||||
| 19 | who supplies firearms to retailers or other businesses that | ||||||
| 20 | sell firearms to consumers in this State. | ||||||
| 21 | "Evidence-based high-risk youth intervention services" has | ||||||
| 22 | the same meaning given to that term in the Reimagine Public | ||||||
| 23 | Safety Act. | ||||||
| 24 | "Evidence-based violence prevention services" has the same | ||||||
| 25 | meaning given to that term in the Reimagine Public Safety Act. | ||||||
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| 1 | "Experience rating" means a rating determined by the | ||||||
| 2 | Agency by rule that correlates with the number of firearms | ||||||
| 3 | recovered in a given year in connection with incidents | ||||||
| 4 | involving firearm injuries and firearm deaths that are linked | ||||||
| 5 | to a specific manufacturer in the State, regardless of the | ||||||
| 6 | origin of purchase, taking into account the number of firearm | ||||||
| 7 | injuries and firearm deaths associated with each firearm | ||||||
| 8 | recovered, regardless of modifications or accessories added to | ||||||
| 9 | the firearm after manufacturing, divided by the total number | ||||||
| 10 | of firearms recovered in connection with those incidents in | ||||||
| 11 | that same year. | ||||||
| 12 | "Firearm" means: | ||||||
| 13 | (1) any weapon (including a starter gun) which will or | ||||||
| 14 | is designed to or may readily be converted to expel a | ||||||
| 15 | projectile by the action of an explosive; | ||||||
| 16 | (2) the frame or receiver of any such weapon; | ||||||
| 17 | (3) any firearm muffler or firearm silencer; or | ||||||
| 18 | (4) any destructive device. | ||||||
| 19 | "Firearm" does not include an antique firearm. | ||||||
| 20 | "Firearm death" means the death of a person that is the | ||||||
| 21 | direct or proximate result of a high-velocity projectile fired | ||||||
| 22 | from a firearm. "Firearm death" includes suicides and | ||||||
| 23 | homicides. | ||||||
| 24 | "Firearm injury" means a physical, mental, or emotional | ||||||
| 25 | injury to a person that is the direct or proximate result of a | ||||||
| 26 | high-velocity projectile fired from a firearm, whether | ||||||
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| 1 | self-inflicted, accidental, or intentional. | ||||||
| 2 | "Firearm trade show" means either (i) a professional | ||||||
| 3 | industry event in which firearm manufacturers, firearm | ||||||
| 4 | wholesalers, and firearm distributors showcase new firearm | ||||||
| 5 | products and firearm-related products, negotiate deals, and | ||||||
| 6 | network or (ii) a public event in which federally licensed | ||||||
| 7 | dealers and, in some cases, private collectors or private | ||||||
| 8 | sellers gather to display and sell firearms, ammunition, and | ||||||
| 9 | outdoor gear directly to the general public. | ||||||
| 10 | "Importer" means any person that brings one or more | ||||||
| 11 | manufactured firearms into the State of Illinois. | ||||||
| 12 | "Licensed dealer" means any person engaged in the business | ||||||
| 13 | of selling guns for profit and who is legally authorized by | ||||||
| 14 | federal and State authorities to manufacture, import, or sell | ||||||
| 15 | firearms. | ||||||
| 16 | "Manufacturer" means any person engaged in the manufacture | ||||||
| 17 | of firearms for purposes of sale or distribution or that holds | ||||||
| 18 | a federal firearms license type 6, 7, or 10. | ||||||
| 19 | "Organizer of a firearm trade show" means a person | ||||||
| 20 | responsible for planning, coordinating, and managing all | ||||||
| 21 | aspects of a firearm trade show. | ||||||
| 22 | "Pawnbroker" means any person whose business or occupation | ||||||
| 23 | includes the taking or receiving by way of pledge or pawn, of | ||||||
| 24 | any firearm as security for the payment or repayment of money. | ||||||
| 25 | "Private seller" means a person who makes occasional sales | ||||||
| 26 | from the person's personal collection of firearms and is not | ||||||
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| 1 | required to have a Federal Firearms License. | ||||||
| 2 | "Retailer of firearms" or "retailer" means a person that | ||||||
| 3 | sells firearms directly to consumers in this State. | ||||||
| 4 | "RIFL Agency" or "Agency" means the Responsibility in | ||||||
| 5 | Firearm Legislation Agency established under Section 15 of | ||||||
| 6 | this Act. | ||||||
| 7 | "RIFL Board" or "Board" means the Board of Directors | ||||||
| 8 | supervising and directing the RIFL Agency, as appointed under | ||||||
| 9 | Section 20 of this Act. | ||||||
| 10 | "RIFL Fund" or "Fund" means the Responsibility in Firearm | ||||||
| 11 | Legislation Fund created under Section 35 of this Act. | ||||||
| 12 | "RIFL License" or "license" means a Responsibility in | ||||||
| 13 | Firearm Legislation License granted by the RIFL Agency under | ||||||
| 14 | Section 30 of this Act. | ||||||
| 15 | "Sponsor of a firearm trade show" means a person that | ||||||
| 16 | funds or provides resources for specific parts of a firearm | ||||||
| 17 | trade show in exchange for prominent marketing, visibility, | ||||||
| 18 | and networking opportunities with industry professionals and | ||||||
| 19 | consumers. | ||||||
| 20 | "Total annual aggregate fee" means the sum of all license | ||||||
| 21 | fees imposed over one year on manufacturers under this Act. | ||||||
| 22 | "Tracing" means the systematic tracking of a firearm's | ||||||
| 23 | manufacture, distribution, retail sale, and ownership. | ||||||
| 24 | Section 15. Responsibility in Firearm Legislation Agency. | ||||||
| 25 | For the purpose of effectuating the policy declared in Section | ||||||
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| 1 | 5 of this Act, there is established in the Executive Branch of | ||||||
| 2 | the State Government an independent agency to be known as the | ||||||
| 3 | Responsibility in Firearm Legislation Agency. This RIFL Agency | ||||||
| 4 | shall be under the supervision and direction of a Board of | ||||||
| 5 | Directors as described in Section 20 of this Act. The RIFL | ||||||
| 6 | Agency shall have the powers and duties enumerated in this | ||||||
| 7 | Act, with such other powers and duties conferred upon it by | ||||||
| 8 | law. | ||||||
| 9 | Section 20. Responsibility in Firearm Legislation Agency | ||||||
| 10 | Board of Directors. | ||||||
| 11 | (a) The Board of Directors of the RIFL Agency shall be | ||||||
| 12 | appointed as follows: | ||||||
| 13 | (1) The Governor shall appoint the Board of Directors | ||||||
| 14 | of the RIFL Agency with the advice and consent of the | ||||||
| 15 | Senate. The Board shall supervise and direct the RIFL | ||||||
| 16 | Agency established under Section 15 of this Act. | ||||||
| 17 | (2) The Board shall have 9 members as follows: | ||||||
| 18 | (A) Three members who are representatives from | ||||||
| 19 | private industry. One of the 3 members shall be | ||||||
| 20 | licensed to practice law in the State of Illinois, and | ||||||
| 21 | one member shall be a representative of the firearm | ||||||
| 22 | industry. | ||||||
| 23 | (B) Three members who are representatives from | ||||||
| 24 | health professions, licensed in the State of Illinois | ||||||
| 25 | and with experience in the treatment of patients who | ||||||
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| 1 | have suffered firearm injuries. At least one member | ||||||
| 2 | must hold a Medical Doctorate or Doctor of Osteopathic | ||||||
| 3 | Medicine and one member must be a licensed | ||||||
| 4 | psychiatrist, psychologist, psychotherapist, or | ||||||
| 5 | behavioral therapist. | ||||||
| 6 | (C) One member who is a highly respected legal | ||||||
| 7 | scholar. The Chief Justice of the Illinois Supreme | ||||||
| 8 | Court may submit a nomination under this subparagraph | ||||||
| 9 | (C) to the Governor. | ||||||
| 10 | (D) One member who is an economist who provides | ||||||
| 11 | analysis in commercial litigation or a certified | ||||||
| 12 | public accountant and who does not work in a similar | ||||||
| 13 | industry or field as any other representative. | ||||||
| 14 | (E) One member who is an executive director of a | ||||||
| 15 | community violence intervention organization. | ||||||
| 16 | (3) Members of the Board shall serve for a term of 4 | ||||||
| 17 | years. No member may serve for more than 2 consecutive | ||||||
| 18 | terms. | ||||||
| 19 | (4) Vacancies shall be filled by the Board as | ||||||
| 20 | described under this subsection (a). An interim member | ||||||
| 21 | appointed by the Board by majority vote shall serve for | ||||||
| 22 | the remainder of the term or until a replacement can be | ||||||
| 23 | appointed by the Governor, as follows: | ||||||
| 24 | (A) Vacancies under subparagraphs (C), (D), and | ||||||
| 25 | (E) of paragraph (2) of this subsection (a) shall be | ||||||
| 26 | filled by majority vote of any remaining members under | ||||||
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| 1 | subparagraphs (C), (D), and (E) of paragraph (2) of | ||||||
| 2 | this subsection (a). | ||||||
| 3 | (B) Vacancies under subparagraphs (A) and (B) of | ||||||
| 4 | paragraph (2) of this subsection (a) shall be filled | ||||||
| 5 | by majority vote of any remaining members under | ||||||
| 6 | subparagraphs (A) and (B) of paragraph (2) of this | ||||||
| 7 | subsection (a). | ||||||
| 8 | If no candidate receives a majority of votes under | ||||||
| 9 | this paragraph (4), then the candidate with the fewest | ||||||
| 10 | votes is disqualified and a new vote will be held for the | ||||||
| 11 | remaining candidates. This shall continue until one | ||||||
| 12 | candidate is chosen. | ||||||
| 13 | In the event of a tie under this paragraph (4), the | ||||||
| 14 | President of the Board shall cast a tie-breaking vote. | ||||||
| 15 | (b) The requirements for the President of the Board shall | ||||||
| 16 | be as follows: | ||||||
| 17 | (1) The President of the Board shall be chosen from | ||||||
| 18 | among the members described under subparagraphs (C), (D), | ||||||
| 19 | and (E) of paragraph (2) of subsection (a). The President | ||||||
| 20 | of the Board shall be appointed by the Governor with the | ||||||
| 21 | advice and consent of the Senate. A person may be | ||||||
| 22 | appointed concurrently President of the Board and member | ||||||
| 23 | under subparagraph (C), (D), or (E) of paragraph (2) of | ||||||
| 24 | subsection (a) as provided under paragraph (1) of | ||||||
| 25 | subsection (a). | ||||||
| 26 | (2) If, for any reason there is a vacancy for the | ||||||
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| 1 | President of the Board, then the Board, by a majority of | ||||||
| 2 | members, shall choose an interim President of the Board | ||||||
| 3 | from among the remaining representatives as described | ||||||
| 4 | under subparagraphs (C), (D), and (E) of paragraph (2) of | ||||||
| 5 | subsection (a) who shall serve until a President of the | ||||||
| 6 | Board is appointed according to paragraph (1). | ||||||
| 7 | (c) No business may be conducted at a meeting of the Board | ||||||
| 8 | unless a majority of members are present. Except for the | ||||||
| 9 | appointment of interim members to fill vacancies as provided | ||||||
| 10 | under paragraph (4) of subsection (a) of this Section, an | ||||||
| 11 | action, order, decision, or resolution of the Board is only | ||||||
| 12 | binding if a majority of the members of the Board have voted in | ||||||
| 13 | favor of the action, order, decision, or resolution unless a | ||||||
| 14 | vote of more than a majority of members of the Board is | ||||||
| 15 | otherwise required according to rules adopted by the Board. | ||||||
| 16 | (d) The Board shall: | ||||||
| 17 | (1) supervise and direct the Agency; | ||||||
| 18 | (2) adopt rules as authorized by law; and | ||||||
| 19 | (3) hire executive staff including an Executive | ||||||
| 20 | Director of the RIFL Agency and Associate Director of the | ||||||
| 21 | RIFL Agency. | ||||||
| 22 | (e) The Board shall adopt rules providing for salaries for | ||||||
| 23 | an Executive Director and Associate Director, and any other | ||||||
| 24 | executive staff, as well as compensation for members of the | ||||||
| 25 | Board. The Board may adopt any other rules necessary to carry | ||||||
| 26 | out the purposes of this Act. | ||||||
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| 1 | (f) The personnel, administration, and other costs and | ||||||
| 2 | expenses of the Board may only be paid by appropriations from | ||||||
| 3 | the RIFL Fund or by appropriations from any other fund. Any | ||||||
| 4 | appropriation from the General Revenue Fund or any other fund | ||||||
| 5 | besides the RIFL Fund to pay for the personnel, | ||||||
| 6 | administration, and other costs and expenses of the Board | ||||||
| 7 | shall be reimbursed by transfer from the RIFL Fund at the | ||||||
| 8 | direction of the Board. | ||||||
| 9 | Section 25. General powers and duties of the Agency. | ||||||
| 10 | (a) The Agency shall develop and administer the RIFL | ||||||
| 11 | Licensing Program. | ||||||
| 12 | (b) Except as otherwise limited by this Act, the Agency | ||||||
| 13 | has all of the powers to carry out the purposes and provisions | ||||||
| 14 | of this Act, including, but not limited to: | ||||||
| 15 | (1) obtaining and employing personnel and hiring | ||||||
| 16 | consultants that are necessary to fulfill the Agency's | ||||||
| 17 | purposes, and making expenditures for that purpose within | ||||||
| 18 | the appropriations for that purpose; | ||||||
| 19 | (2) purchasing, receiving, taking by grant, gift, | ||||||
| 20 | devise, bequest, or otherwise, lease, or otherwise | ||||||
| 21 | acquiring, owning, holding, improving, employing, using, | ||||||
| 22 | and otherwise dealing in and with, real or personal | ||||||
| 23 | property, whether tangible or intangible, or any interest | ||||||
| 24 | therein, within the State; | ||||||
| 25 | (3) acquiring real or personal property, whether | ||||||
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| 1 | tangible or intangible, including, without limitation, | ||||||
| 2 | property rights, interests in property, franchises, | ||||||
| 3 | obligations, contracts, and debt and equity securities; | ||||||
| 4 | (4) selling, conveying, leasing, exchanging, | ||||||
| 5 | transferring, abandoning, or otherwise disposing of, or | ||||||
| 6 | mortgaging, pledging, or creating a security interest in, | ||||||
| 7 | any of its assets, properties, or any interest therein, | ||||||
| 8 | wherever situated; | ||||||
| 9 | (5) purchasing, taking, receiving, subscribing for, or | ||||||
| 10 | otherwise acquiring, holding, making a tender offer for, | ||||||
| 11 | voting, disposing of, mortgaging, pledging or granting a | ||||||
| 12 | security interest in, using, and otherwise dealing in and | ||||||
| 13 | with, bonds and other obligations, shares or other | ||||||
| 14 | securities (or interests therein) issued by others, | ||||||
| 15 | whether engaged in a similar or different business or | ||||||
| 16 | activity; | ||||||
| 17 | (6) making and executing agreements, contracts, and | ||||||
| 18 | other instruments necessary or convenient in the exercise | ||||||
| 19 | of the powers and functions of the Agency under this Act, | ||||||
| 20 | including contracts with any person; | ||||||
| 21 | (7) lending money, investing and reinvesting its funds | ||||||
| 22 | in accordance with the Public Funds Investment Act, and | ||||||
| 23 | taking and holding real and personal property as security | ||||||
| 24 | for the payment of funds loaned or invested; | ||||||
| 25 | (8) borrowing money at such rate or rates of interest | ||||||
| 26 | as the Agency may determine, issuing its notes, bonds, or | ||||||
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| 1 | other obligations to evidence that indebtedness, and | ||||||
| 2 | securing any of its obligations by mortgage or pledge of | ||||||
| 3 | its real or personal property, revenues, grants, and other | ||||||
| 4 | funds as provided or any interest therein, wherever | ||||||
| 5 | situated; | ||||||
| 6 | (9) procuring insurance against any loss in connection | ||||||
| 7 | with its properties or operations in such amount or | ||||||
| 8 | amounts and from such insurers as it may deem necessary or | ||||||
| 9 | desirable, and paying any premiums thereof; | ||||||
| 10 | (10) negotiating and entering into agreements with | ||||||
| 11 | trustees or receivers appointed by United States | ||||||
| 12 | bankruptcy courts or federal district courts or in other | ||||||
| 13 | proceedings involving adjustment of debts and authorizing | ||||||
| 14 | proceedings involving adjustment of debts and authorizing | ||||||
| 15 | legal counsel for the Agency to appear in any such | ||||||
| 16 | proceedings; | ||||||
| 17 | (11) filing a petition under Chapter 9 of Title 11 of | ||||||
| 18 | the United States Bankruptcy Code or taking other similar | ||||||
| 19 | action for the adjustment of its debts; | ||||||
| 20 | (12) entering into management agreements for the | ||||||
| 21 | operation of any of the property or facilities owned by | ||||||
| 22 | the Agency; | ||||||
| 23 | (13) maintaining an office or offices at such place or | ||||||
| 24 | places in the State as it may determine; | ||||||
| 25 | (14) requesting information, and making any inquiry, | ||||||
| 26 | investigation, or study that the Agency may deem necessary | ||||||
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| 1 | to enable it effectively to carry out the provisions of | ||||||
| 2 | this Act; | ||||||
| 3 | (15) accepting and expending appropriations; | ||||||
| 4 | (16) engaging in any activity or operation that is | ||||||
| 5 | incidental to and in furtherance of efficient operation to | ||||||
| 6 | accomplish the Agency's purposes, including hiring | ||||||
| 7 | employees that the Board deems essential for the | ||||||
| 8 | operations of the Agency; | ||||||
| 9 | (17) adopting, revising, amending, and repealing rules | ||||||
| 10 | with respect to its operations and properties as may be | ||||||
| 11 | necessary or convenient to carry out the purposes of this | ||||||
| 12 | Act, subject to the provisions of the Illinois | ||||||
| 13 | Administrative Procedure Act; | ||||||
| 14 | (18) establishing and collecting charges and fees as | ||||||
| 15 | described in this Act; and | ||||||
| 16 | (19) implementing and administering this Act. | ||||||
| 17 | (c) The personnel, administration, and other costs and | ||||||
| 18 | expenses of the Agency may only be paid by appropriations from | ||||||
| 19 | the RIFL Fund or by appropriations from any other fund. Any | ||||||
| 20 | appropriation from the General Revenue Fund or any other fund | ||||||
| 21 | besides the RIFL Fund to pay for the personnel, | ||||||
| 22 | administration, and other costs and expenses of the Agency | ||||||
| 23 | shall be reimbursed by transfer from the RIFL Fund at the | ||||||
| 24 | direction of the Board. | ||||||
| 25 | Section 30. Responsibility in Firearm Legislation | ||||||
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| 1 | Licensing Program. | ||||||
| 2 | (a) The Responsibility in Firearm Legislation Licensing | ||||||
| 3 | Program is established and shall be administered by the RIFL | ||||||
| 4 | Agency. | ||||||
| 5 | (b) A manufacturer in this State shall be issued a RIFL | ||||||
| 6 | License by the Agency upon payment of a fee set by the Agency | ||||||
| 7 | according to the manufacturer's responsible portion of the | ||||||
| 8 | total annual aggregate fee using the manufacturer's experience | ||||||
| 9 | rating. | ||||||
| 10 | (c) The Agency shall maintain a list of all licensed | ||||||
| 11 | manufacturers under this Section to be published on the | ||||||
| 12 | Agency's website. | ||||||
| 13 | (d) Retailers, distributors, and importers shall report to | ||||||
| 14 | the Agency the name of the manufacturer or manufacturers with | ||||||
| 15 | whom the retailer, distributor, or importer contracts or | ||||||
| 16 | transacts by September 1, 2027, and annually thereafter. | ||||||
| 17 | (e) Before commencing the Responsibility in Firearm | ||||||
| 18 | Legislation Licensing Program under this Section, and in | ||||||
| 19 | accordance with this Act and the Illinois Procurement Code, | ||||||
| 20 | the Board shall issue a request for proposals and contract | ||||||
| 21 | with an actuarial or economics consulting firm with experience | ||||||
| 22 | or expertise to determine each eligible manufacturer's portion | ||||||
| 23 | of the initial $50,000,000 total annual aggregate fee using | ||||||
| 24 | experience rating as defined in this Act. The Agency shall | ||||||
| 25 | annually set fees for a RIFL License based on the following: | ||||||
| 26 | (1) The total annual aggregate fee for all | ||||||
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| 1 | manufacturers of firearms in this State shall be set by | ||||||
| 2 | the Agency at an amount that the Agency estimates is equal | ||||||
| 3 | to no less than 7% and no more than 15% of the direct costs | ||||||
| 4 | and financial burdens borne by the State and its residents | ||||||
| 5 | as a result of firearm deaths and firearm injuries | ||||||
| 6 | occurring in this State, as determined by the Agency based | ||||||
| 7 | on the incidence of firearm deaths and firearm injuries in | ||||||
| 8 | this State in the previous year, except that in the first | ||||||
| 9 | program year the total annual aggregate fee shall be equal | ||||||
| 10 | to $50,000,000, which is 7% of the calculated direct | ||||||
| 11 | expenses of firearm deaths and firearm injuries in the | ||||||
| 12 | State of Illinois in calendar year 2024. | ||||||
| 13 | (2) The total annual aggregate fee for all | ||||||
| 14 | manufacturers in this State shall annually thereafter be | ||||||
| 15 | adjusted by the Agency based on the incidence of firearm | ||||||
| 16 | injury and firearm death and related expenses. | ||||||
| 17 | (3) The RIFL License fee for each manufacturer shall | ||||||
| 18 | be calculated according to the manufacturer's portion of | ||||||
| 19 | the total annual aggregate fee using the manufacturer's | ||||||
| 20 | experience rating. | ||||||
| 21 | (4) No more than 10% of the annual aggregate fee shall | ||||||
| 22 | be appropriated for personnel, administration, and other | ||||||
| 23 | costs of the Agency and Board, except that in the first | ||||||
| 24 | year or any year the Board contracts with an actuarial or | ||||||
| 25 | economics consulting firm under this subsection (e), the | ||||||
| 26 | percentage of the annual aggregate fee allocated for | ||||||
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| 1 | personnel, administration, and other costs of the Agency | ||||||
| 2 | and Board may be adjusted to cover the costs and expenses | ||||||
| 3 | related to the actuarial or economics consulting firm | ||||||
| 4 | under this subsection (e). | ||||||
| 5 | Costs and expenses of the State related to the actuarial | ||||||
| 6 | or economics consulting firm under this subsection (e) shall | ||||||
| 7 | either be paid by appropriations from the RIFL Fund or by | ||||||
| 8 | appropriations from any other fund. Any appropriation from the | ||||||
| 9 | General Revenue Fund or any other fund besides the RIFL Fund to | ||||||
| 10 | pay for costs and expenses related to the actuarial or | ||||||
| 11 | economics consulting firm shall be reimbursed by transfer from | ||||||
| 12 | the RIFL Fund at the direction of the Board. | ||||||
| 13 | (f) The RIFL Agency shall inform each manufacturer of the | ||||||
| 14 | amount of the license fee due from the manufacturer and the | ||||||
| 15 | description of how the fee was calculated at least 90 days | ||||||
| 16 | before the license renewal date. | ||||||
| 17 | (g) The RIFL Agency shall provide manufacturers with an | ||||||
| 18 | opportunity to dispute any fees levied for a license under | ||||||
| 19 | procedures established by rules adopted by the Agency under | ||||||
| 20 | this Act. | ||||||
| 21 | (h) The proceeds from all fees under the Responsibility in | ||||||
| 22 | Firearm Legislation Licensing Program shall be deposited into | ||||||
| 23 | the RIFL Fund established under Section 35 for grants through | ||||||
| 24 | the Reimagine Public Safety Act under the Department of Human | ||||||
| 25 | Services Office of Firearm Violence Prevention. | ||||||
| 26 | (i) Beginning June 19, 2028, a manufacturer may not | ||||||
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| 1 | operate in this State without a license issued by the Agency | ||||||
| 2 | under this Act. | ||||||
| 3 | (j) Beginning June 19, 2028, a retailer may not sell a | ||||||
| 4 | firearm to a consumer in this State from a manufacturer who | ||||||
| 5 | does not have a license issued by the Agency under this Act. | ||||||
| 6 | (k) Beginning June 19, 2028, an importer may not import | ||||||
| 7 | firearms into this State from a manufacturer who does not have | ||||||
| 8 | a license issued by the Agency under this Act. | ||||||
| 9 | (l) Beginning June 19, 2028, a distributor may not | ||||||
| 10 | distribute a firearm into this State from a manufacturer who | ||||||
| 11 | does not have a license issued by the Agency under this Act. | ||||||
| 12 | (m) Beginning June 19, 2028, a licensed dealer, | ||||||
| 13 | pawnbroker, private seller, sponsor of a firearm trade show, | ||||||
| 14 | or organizer of a firearm trade show may not sell, distribute, | ||||||
| 15 | sponsor, or organize to effectuate the selling of firearms in | ||||||
| 16 | this State from a manufacturer who does not have a license | ||||||
| 17 | issued by the Agency under this Act. | ||||||
| 18 | Section 35. RIFL Fund. The Responsibility in Firearm | ||||||
| 19 | Legislation Fund is created as a special fund in the State | ||||||
| 20 | treasury. Proceeds from fees imposed for RIFL Licenses under | ||||||
| 21 | Section 30 of this Act or from fees imposed under rules adopted | ||||||
| 22 | under this Act shall be collected by the RIFL Agency and | ||||||
| 23 | deposited into the Fund. Civil penalties collected under | ||||||
| 24 | Section 45 shall be deposited into the Fund. Interest and | ||||||
| 25 | dividends shall be reinvested into the Fund. Moneys in the | ||||||
| |||||||
| |||||||
| 1 | RIFL Fund, as directed by the RIFL Board and in consultation | ||||||
| 2 | with the Department of Human Services Office of Firearm | ||||||
| 3 | Violence Prevention, shall be expended to provide for grants | ||||||
| 4 | through the Reimagine Public Safety Act under the Department | ||||||
| 5 | of Human Services Office of Firearm Violence Prevention, for | ||||||
| 6 | costs, expenses, and reimbursements under paragraph (4) of | ||||||
| 7 | subsection (e) of Section 30, and for no other purpose, except | ||||||
| 8 | that moneys in the RIFL Fund, as directed by the RIFL Board, | ||||||
| 9 | may be transferred to reimburse appropriations from other | ||||||
| 10 | funds pursuant to subsection (f) of Section 20, subsection (c) | ||||||
| 11 | of Section 25, or subsection (e) of Section 30. Subsections | ||||||
| 12 | (b) and (c) of Section 5 of the State Finance Act do not apply | ||||||
| 13 | to the RIFL Fund. | ||||||
| 14 | Section 40. RIFL firearm recovery reporting. | ||||||
| 15 | (a) Beginning June 1, 2027, all law enforcement agencies | ||||||
| 16 | shall report to the Illinois State Police any firearms | ||||||
| 17 | identified by physical recovery or through tracing that | ||||||
| 18 | resulted in a firearm injury or firearm death, and shall | ||||||
| 19 | include the manufacturer, and if available the serial number, | ||||||
| 20 | make, or model of the firearm. | ||||||
| 21 | (b) The Illinois State Police shall compile all reports | ||||||
| 22 | and provide a report to the Agency by December 1, 2027, and | ||||||
| 23 | annually thereafter. | ||||||
| 24 | (c) The Agency shall make available on the Agency's public | ||||||
| 25 | website the substance of the reports received under this | ||||||
| |||||||
| |||||||
| 1 | Section. | ||||||
| 2 | (d) The Agency, in consultation with the Illinois State | ||||||
| 3 | Police, shall, by rule, establish procedures implementing this | ||||||
| 4 | Section. | ||||||
| 5 | Section 45. Enforcement and penalties. | ||||||
| 6 | (a) The State's Attorney of the county where the violation | ||||||
| 7 | occurs or the Attorney General may investigate violations of | ||||||
| 8 | this Act or rules adopted under this Act and bring civil | ||||||
| 9 | actions to enforce this Act or rules adopted under this Act. | ||||||
| 10 | Any civil penalty collected under this Act or rules adopted | ||||||
| 11 | under this Act shall be deposited into the RIFL Fund. | ||||||
| 12 | (b) A manufacturer who violates subsection (i) of Section | ||||||
| 13 | 30 is subject to a civil penalty of up to $250,000. After 60 | ||||||
| 14 | days of continuous violation of subsection (i) of Section 30, | ||||||
| 15 | the manufacturer shall be prohibited from operating in the | ||||||
| 16 | State. A manufacturer is liable for all fees, fines, or other | ||||||
| 17 | penalties levied, including any fees, fines, or penalties for | ||||||
| 18 | late payment or other fees, fines, or penalties under rules | ||||||
| 19 | adopted by the Agency. A license shall not be reinstated until | ||||||
| 20 | all outstanding fees, fines, and other penalties are paid in | ||||||
| 21 | full. All fines and penalties shall be paid into the RIFL Fund. | ||||||
| 22 | (c) A retailer, distributor, importer, licensed dealer, | ||||||
| 23 | private seller, sponsor of a firearm trade show, or organizer | ||||||
| 24 | of a firearm trade show who violates subsection (j), (k), (l), | ||||||
| 25 | or (m) of Section 30 is subject to a civil penalty of up to | ||||||
| |||||||
| |||||||
| 1 | $10,000 per violation. It is an affirmative defense that a | ||||||
| 2 | retailer, distributor, importer, licensed dealer, private | ||||||
| 3 | seller, sponsor of a firearm trade show, or organizer of a | ||||||
| 4 | firearm trade show reasonably relied upon the list of | ||||||
| 5 | manufacturers under Section 30 of this Act. | ||||||
| 6 | (d) The Agency may adopt rules that provide for other | ||||||
| 7 | civil penalties for violations of this Act or rules adopted | ||||||
| 8 | under this Act of no more than $10,000 per violation for | ||||||
| 9 | retailers, distributors, importers, licensed dealers, private | ||||||
| 10 | sellers, sponsors of a firearm trade show, or organizers of a | ||||||
| 11 | firearm trade show. | ||||||
| 12 | (e) The State's Attorney of the county where the violation | ||||||
| 13 | occurs or the Attorney General may bring an action for an | ||||||
| 14 | equitable or other remedy in a court to enforce this Act or to | ||||||
| 15 | prevent a violation of this Act. | ||||||
| 16 | (f) If a manufacturer that operates in the State on or | ||||||
| 17 | after the effective date of this Act stops operating in the | ||||||
| 18 | State for any period of time and stops paying fees under | ||||||
| 19 | Section 30 but then later resumes operating in the State, the | ||||||
| 20 | manufacturer must pay all the fees under Section 30 for the | ||||||
| 21 | years the manufacturer was not operating in the State or not | ||||||
| 22 | paying its annual fees under Section 30. | ||||||
| 23 | (g) No manufacturer, retailer, distributor, importer, | ||||||
| 24 | licensed dealer, private seller, sponsor of a firearm trade | ||||||
| 25 | show, or organizer of a firearm trade show may, for the purpose | ||||||
| 26 | of avoiding fees, penalties, or liability under this Act or | ||||||
| |||||||
| |||||||
| 1 | rules adopted under this Act: | ||||||
| 2 | (1) dissolve, merge, reincorporate, or transfer assets | ||||||
| 3 | to another entity; | ||||||
| 4 | (2) create, register, or operate a new entity that | ||||||
| 5 | continues the activities, products, management, ownership, | ||||||
| 6 | or operators of the manufacturer, retailer, distributor, | ||||||
| 7 | importer, licensed dealer, private seller, sponsor of a | ||||||
| 8 | firearm trade show, or organizer of a firearm trade show | ||||||
| 9 | that owes any fees, penalties, or liability under this | ||||||
| 10 | Act; or | ||||||
| 11 | (3) use a judicial or administrative or other process | ||||||
| 12 | to discharge fees or penalties imposed under this Act, | ||||||
| 13 | except to the extent permitted by federal law. | ||||||
| 14 | (h) An entity shall be deemed a successor to a | ||||||
| 15 | manufacturer, retailer, distributor, importer, licensed | ||||||
| 16 | dealer, private seller, sponsor of a firearm trade show, or | ||||||
| 17 | organizer of a firearm trade show in violation of this Act or | ||||||
| 18 | rules adopted under this Act if it: | ||||||
| 19 | (1) acquires, purchases, or receives substantially all | ||||||
| 20 | of the assets, product lines, intellectual property, | ||||||
| 21 | equipment, or operations of the entity in violation of | ||||||
| 22 | this Act or rules adopted under this Act; | ||||||
| 23 | (2) shares common ownership, officers, directors, | ||||||
| 24 | managers, or controlling shareholders with the entity in | ||||||
| 25 | violation of this Act or rules adopted under this Act; | ||||||
| 26 | (3) operates the same or substantially similar | ||||||
| |||||||
| |||||||
| 1 | manufacturing, distribution, or commercial activities as | ||||||
| 2 | the entity in violation of this Act or rules adopted under | ||||||
| 3 | this Act; or | ||||||
| 4 | (4) holds itself out to the public as a continuation | ||||||
| 5 | of the entity in violation of this Act or rules adopted | ||||||
| 6 | under this Act. | ||||||
| 7 | A successor entity under this subsection (h) shall inherit | ||||||
| 8 | all fees, penalties, liability, judgments, and obligations of | ||||||
| 9 | the manufacturer, retailer, distributor, importer, licensed | ||||||
| 10 | dealer, private seller, sponsor of a firearm trade show, or | ||||||
| 11 | organizer of a firearm trade show in violation of this Act or | ||||||
| 12 | rules adopted under this Act, regardless of nominal or other | ||||||
| 13 | corporate changes. | ||||||
| 14 | (i) If an entity is formed or used to avoid the fees, | ||||||
| 15 | penalties, liability, or other obligations of a manufacturer, | ||||||
| 16 | retailer, distributor, importer, licensed dealer, private | ||||||
| 17 | seller, sponsor of a firearm trade show, or organizer of a | ||||||
| 18 | firearm trade show that is in violation of this Act, the | ||||||
| 19 | State's Attorney of the county where the violation occurs or | ||||||
| 20 | the Attorney General may bring a civil action to declare the | ||||||
| 21 | new entity a successor of the manufacturer, retailer, | ||||||
| 22 | distributor, importer, licensed dealer, private seller, | ||||||
| 23 | sponsor of a firearm trade show, or organizer of a firearm | ||||||
| 24 | trade show. If the new entity is a successor, the court shall | ||||||
| 25 | treat both entities as a single enterprise, all liabilities | ||||||
| 26 | shall be imputed to the new entity, and enforcement actions | ||||||
| |||||||
| |||||||
| 1 | may proceed directly against the successor. Any transfer of | ||||||
| 2 | assets, contracts, inventory, accounts receivable, or | ||||||
| 3 | intellectual property made after the manufacturer, retailer, | ||||||
| 4 | distributor, importer, licensed dealer, private seller, | ||||||
| 5 | sponsor of a firearm trade show, or organizer of a firearm | ||||||
| 6 | trade show in violation of this Act became aware of an | ||||||
| 7 | investigation, violation, or penalty shall be deemed | ||||||
| 8 | presumptively fraudulent and voidable by the State. | ||||||
| 9 | Subsections (g), (h), and (i) of this Section shall be | ||||||
| 10 | interpreted as additions to, but not limitations or | ||||||
| 11 | abrogations of, recovery from a successor in interest under | ||||||
| 12 | the common law. | ||||||
| 13 | Section 50. Rulemaking. The Agency shall adopt rules to | ||||||
| 14 | implement and administer this Act. | ||||||
| 15 | Section 80. The State Finance Act is amended by changing | ||||||
| 16 | Section 5 and by adding Section 5.1038 as follows: | ||||||
| 17 | (30 ILCS 105/5) (from Ch. 127, par. 141) | ||||||
| 18 | Sec. 5. Special funds. | ||||||
| 19 | (a) There are special funds in the State Treasury | ||||||
| 20 | designated as specified in the Sections which succeed this | ||||||
| 21 | Section 5 and precede Section 5d. | ||||||
| 22 | (b) Except as provided in the Illinois Vehicle Hijacking | ||||||
| 23 | and Motor Vehicle Theft Prevention and Insurance Verification | ||||||
| |||||||
| |||||||
| 1 | Act and the Responsibility in Firearm Legislation Act, when | ||||||
| 2 | any special fund in the State Treasury is discontinued by an | ||||||
| 3 | Act of the General Assembly, any balance remaining therein on | ||||||
| 4 | the effective date of such Act shall be transferred to the | ||||||
| 5 | General Revenue Fund, or to such other fund as such Act shall | ||||||
| 6 | provide. Warrants outstanding against such discontinued fund | ||||||
| 7 | at the time of the transfer of any such balance therein shall | ||||||
| 8 | be paid out of the fund to which the transfer was made. | ||||||
| 9 | (c) Except as provided in the Responsibility in Firearm | ||||||
| 10 | Legislation Act, when When any special fund in the State | ||||||
| 11 | Treasury has been inactive for 18 months or longer, the | ||||||
| 12 | Comptroller may terminate the fund, and the balance remaining | ||||||
| 13 | in such fund shall be transferred by the Comptroller to the | ||||||
| 14 | General Revenue Fund. When a special fund has been terminated | ||||||
| 15 | by the Comptroller as provided in this Section, the General | ||||||
| 16 | Assembly shall repeal or amend all Sections of the statutes | ||||||
| 17 | creating or otherwise referring to that fund. | ||||||
| 18 | The Comptroller shall be allowed the discretion to | ||||||
| 19 | maintain or dissolve any federal trust fund which has been | ||||||
| 20 | inactive for 18 months or longer. | ||||||
| 21 | (d) (Blank). | ||||||
| 22 | (e) (Blank). | ||||||
| 23 | (Source: P.A. 102-904, eff. 1-1-23; 103-266, eff. 1-1-24; | ||||||
| 24 | 103-616, eff. 7-1-24.) | ||||||
| 25 | (30 ILCS 105/5.1038 new) | ||||||
| |||||||
| |||||||
| 1 | Sec. 5.1038. The Responsibility in Firearm Legislation | ||||||
| 2 | Fund.". | ||||||
