Bill Text: IL HB4686 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Firearm Concealed Carry Act. Provides that if a person files a complaint in circuit court alleging that a unit of local government has violated State preemption under the Act by adopting an ordinance or resolution restricting a licensee or business under the Act and the court finds that the allegations in the complaint are true, the court shall order that the unit of local government pay plaintiff's court costs, attorney's fees, actual damages, and at least $1,000 per day per violation in punitive damages from the time of the filing of the complaint as the court deems appropriate. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB4686 Detail]

Download: Illinois-2013-HB4686-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB4686 Introduced , by Rep. Ed Sullivan, Jr. SYNOPSIS AS INTRODUCED:
430 ILCS 66/90
Amends the Firearm Concealed Carry Act. Provides that if a person files a complaint in circuit court alleging that a unit of local government has violated State preemption under the Act by adopting an ordinance or resolution restricting a licensee or business under the Act and the court finds that the allegations in the complaint are true, the court shall order that the unit of local government pay plaintiff's court costs, attorney's fees, actual damages, and at least $1,000 per day per violation in punitive damages from the time of the filing of the complaint as the court deems appropriate. Effective immediately.
LRB098 19286 RLC 54438 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB4686 LRB098 19286 RLC 54438 b
AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Firearm Concealed Carry Act is amended by
changing Section 90 as follows:
(430 ILCS 66/90)
Sec. 90. Preemption.
(a) The regulation, licensing, possession, registration,
and transportation of handguns and ammunition for handguns by
licensees are exclusive powers and functions of the State. Any
ordinance or regulation, or portion thereof, enacted on or
before the effective date of this Act that purports to impose
regulations or restrictions on licensees or handguns and
ammunition for handguns in a manner inconsistent with this Act
shall be invalid in its application to licensees under this Act
on the effective date of this Act. This Section is a denial and
limitation of home rule powers and functions under subsection
(h) of Section 6 of Article VII of the Illinois Constitution.
(b) If a person files a complaint in circuit court alleging
that a unit of local government has violated this Section by
adopting an ordinance or resolution restricting a licensee or
business under this Act and the court finds that the
allegations in the complaint are true, the court shall order

HB4686 - 2 - LRB098 19286 RLC 54438 b
that the unit of local government pay plaintiff's court costs,
attorney's fees, actual damages, and at least $1,000 per day
per violation in punitive damages from the time of the filing
of the complaint as the court deems appropriate.
(Source: P.A. 98-63, eff. 7-9-13.)
Section 99. Effective date. This Act takes effect upon
becoming law.