Bill Amendment: IL SB0337 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: GUN DEALER LICENSING-VARIOUS

Status: 2019-01-18 - Public Act . . . . . . . . . 100-1178 [SB0337 Detail]

Download: Illinois-2017-SB0337-House_Amendment_001.html

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Rep. Kathleen Willis

Filed: 5/25/2018

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AMENDMENT TO SENATE BILL 337
AMENDMENT NO. ______. Amend Senate Bill 337 on page 2, line
5, by deleting "or similar location"; and
on page 2, line 8, by inserting "or similar special event",
after "show"; and
on page 2, line 15, after "valid.", by inserting "The
Department may by rule create a process for checking the
validity of the license, in lieu of requiring an affidavit.";
and
on page 2, line 20, by inserting after "affidavit." the
following:
"If the Department does not issue the certificate within 30
days, the licensee shall operate as if a certificate has been
granted unless and until a denial is issued by the
Department."; and

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on page 2, line 22, by replacing "90 days" with "180 days"; and
on page 3, line 7, after "business name", by inserting "on the
license"; and
on page 3, line 8 after "business name", by inserting "on the
license"; and
on page 4, line 10, by replacing "60" with "90"; and
on page 4, line 18, after "different", by inserting "business";
and
on page 4, line 19, after "another", by inserting "business";
and
on page 4, line 20, after "different", by inserting "business";
and
on page 5, lines 16 and 17, by deleting "and director,"; and
on page 5, line 18, after "corporate names", by inserting "by
and which the certified licensee sells, transfers, or
facilitates transfers of firearms"; and

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on page 6, line 8, after "exceptions", by inserting "enumerated
in the Firearm Owners Identification Card Act"; and
on page 6, by inserting immediately below line 15 "This sign
shall be created by the Department and made available for
printing or downloading from the Department's website."; and
on page 6, line 19, after "established", by inserting "as
measured from the nearest corner of the building holding the
retail location to the corner of the school, pre-school, or day
care facility building nearest the retail location at the time
the retail location seeks licensure"; and
on page 8, line 23, after "licensees", by inserting "related to
legal requirements and responsible business practices
regarding the sale or transfer of firearms"; and
on page 9, line 3, after "operation", by inserting "involving
the selling, leasing, or otherwise transferring of firearms";
and
on page 9, line 5, by replacing "Licensees" with "During an
inspection, licensees"; and
on page 9, line 19, after "licensee." by inserting the
following:

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"If an owner, employee, or other agent of the certified
licensee is not otherwise a resident of this State, the
certified licensee shall submit an affidavit stating that the
owner, employee, or other agent has undergone a background
check and is not prohibited from owning or possessing
firearms."; and
on page 10, by replacing lines 4 through 14 with the following:
"(c) If a certified licensee has a license, certificate, or
permit to sell, lease, transfer, purchase, or possess firearms
issued by the federal government or the government of any state
revoked or suspended for good cause within the preceding 4
years, the Department may consider revoking or suspending the
certified licenses in this State. In making a determination of
whether or not to revoke or suspend a certified license in this
State, the Department shall consider the number of retail
locations the certified licensee or any related person or
entity operates in this State or in other states under the same
or different business names, and the severity of the infraction
in the state in which a license was revoked or suspended."; and
on page 10, line 22, after "deems", by inserting "directly";
and
on page 10, line 25, by inserting after "State." the following:
"The licensee may file an emergency motion with the Director or

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a hearing officer authorized by the Department to quash a
subpoena issued by the Department. If the Director or hearing
officer determines that the subpoena was issued without good
cause, the Director or hearing officer may quash the
subpoena."; and
on page 11, line 6, after "firearms", by inserting "in
inventory"; and
on page 11, line 7, by replacing "transferred, or carried" with
"or transferred"; and
on page 11, line 10, by inserting after "location." the
following:
"If a video security system is deemed inadequate by the
Department, the licensee shall have 30 days to correct the
inadequacy. The Department shall submit to the licensee a
written statement describing the specific inadequacies."; and
on page 11, line 15, by inserting after "RECORDED."." the
following:
"This sign shall be created by the Department and available for
printing or downloading from the Department's website."; and
on page 12, line 8, by replacing "inadequacy" with "specific
inadequacies"; and

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on page 12, line 11, after "plan,", by inserting "the
Department shall note the specific inadequacies in writing
and"; and
on page 12, line 20, by replacing "may" with "shall"; and
on page 12, line 21, by inserting after "plan." the following:
"The rules shall take into account the various types and sizes
of the entities involved, and shall comply with all relevant
State and federal laws."; and
by replacing line 25 on page 12 and line 1 on page 13 with the
following:
"Department shall develop and implement by rule statewide
training standards for assisting certified licensees in
recognizing"; and
on page 13, line 3, after "firearm", by inserting ", including,
but not limited to, indicators of a straw purchase"; and
on page 13, line 5, after "licensee", by inserting "operating a
retail location"; and
by replacing line 23 on page 13 through line 3 on page 14 with
the following:

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"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"; and
on page 14, line 15, by replacing "inventory" with "acquisition
and disposition"; and
on page 16, line 16, by replacing "60" with "90"; and
on page 20, line 11, by deleting "indefinite" wherever it
appears; and
on page 21, by inserting immediately below line 21 the
following:
"Section 5-120. Federal agencies and investigations.
Nothing in this Act shall be construed to interfere with any
federal agency or any federal agency investigation. All
Department rules adopted under this Act shall comply with
federal law. The Department may as necessary coordinate efforts
with relevant State and federal law enforcement agencies to
enforce this Act."; and
on page 28, line 14, by inserting after "offense." the
following:

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"A transferee shall not be criminally liable under this Section
provided that he or she provides the Department of State Police
with the transfer records in accordance with procedures
established by the Department. The Department shall establish,
by rule, a standard form on its website.".