Sen. Don Harmon

Filed: 4/25/2017

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1 AMENDMENT TO SENATE BILL 1657

2 AMENDMENT NO. ______. Amend Senate Bill 1657 by replacing

3 everything after the enacting clause with the following:

4 "Section 1. Short title. This Act may be cited as the Gun

5 Dealer Licensing Act.

6 Section 5. Definitions. As used in this Act:

7 "Address of record" means the designated address recorded

8 by the Department in the applicant's, dealer's or dealership

9 agent's application file or license file as maintained by the

10 Department's licensure maintenance unit. It is the duty of the

11 applicant or dealer to inform the Department of any change of

12 address, and those changes must be made either through the

13 Department's website or by contacting the Department's

14 licensure maintenance unit.

15 "Applicant" means any person who applies for a dealership

16 license or dealer license, or the renewal of the dealership

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1 license or dealer license under this Act.

2 "Board" means the Gun Dealer Licensing Board.

3 "Collector" means as defined by 18 U.S.C. 921(a)(13) any

4 person who acquires, holds, or disposes of firearms as curios

5 or relics, as the United States Attorney General shall by

6 regulation define. "Collector" includes the following type of

7 Federal Firearms License: Type 03-collector of curios and

8 relics.

9 "Confidential or security information" means information

10 which identifies the purchasers or other transferees of

11 firearms from a dealer or dealership.

12 "Dealer" means any person engaged in the business of

13 selling, leasing, or otherwise transferring firearms or any

14 person within the meanings provided by 18 U.S.C. 921(a)(11) and

15 27 CFR 478.11 to include any person engaged in the business of

16 selling firearms at wholesale or retail, or repairing firearms

17 or making or fitting special barrels, stocks, or trigger

18 mechanisms to firearms. "Dealer" includes the following

19 Federal Firearms Licenses: Type 01-dealer in firearms other

20 than destructive devices; Type 02-pawnbroker in firearms other

21 than destructive devices; Type 09-dealer of destructive

22 devices.

23 "Dealership" means a person, firm, corporation, or other

24 legal entity that engages in the business of selling, leasing,

25 or otherwise transferring firearms and employs, in addition to

26 the gun dealer licensee-in-charge, at least one other

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1 dealership agent.

2 "Dealership agent" means an owner, officer, paid or unpaid

3 agent, volunteer or employee of a licensed dealership who has

4 access to or control of firearms in the inventory of the

5 dealership or confidential or security information of the

6 dealership.

7 "Dealership licensee-in-charge" or "licensee-in-charge"

8 means a dealer who has been designated by a dealership to be

9 the licensee-in-charge of the dealership, who is a full-time

10 management employee or owner who assumes sole responsibility

11 for maintaining all records required by this Act, and who

12 assumes sole responsibility for assuring the dealership's

13 compliance with its responsibilities as stated in this Act. The

14 Department shall adopt rules mandating licensee-in-charge

15 participation in dealership affairs.

16 "Department" means the Department of Financial and

17 Professional Regulation.

18 "Engaged in the business" means a person who, as provided

19 in 18 U.S.C. 921(a)(21) and 27 CFR 478.11(a), devotes time,

20 attention, and labor to engaging in such activity as a regular

21 course of trade or business with the principal objective of

22 livelihood and profit, or who:

23 (1) conducts a business selling, leasing, or

24 transferring firearms;

25 (2) holds himself or herself out as engaged in the

26 business of selling, leasing, or otherwise transferring

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1 firearms; or

2 (3) sells, leases, or transfers firearms in quantity,

3 in series, or in any other manner indicative of trade.

4 "Firearm" has the same meaning as "firearm" in Section 1.1

5 of the Firearm Owners Identification Card Act.

6 "Gunsmith" means, as defined in 27 CFR 478.11(d), any

7 person who receives firearms (frames, receivers, or otherwise)

8 provided by a customer for the purpose of repairing, modifying,

9 embellishing, refurbishing, or installing parts in or on those

10 firearms. A gunsmith is not "engaged in the business" of

11 manufacturing firearms because the firearms being produced are

12 not owned by the gunsmith and he does not sell or distribute

13 the firearms manufactured.

14 "Importer" means, as defined by 18 U.S.C. 921 (a)(9) and 18

15 U.S.C. 921 (a)(21)(E), a person who devotes time, attention,

16 and labor to importing firearms as a regular course of trade or

17 business with the principal objective of livelihood and profit

18 through the sale or distribution of the firearms imported.

19 "Importer" shall include the following types of Federal

20 Firearms Licenses: Type 08-importer of firearms other than

21 destructive devices or ammunition for firearms other than

22 destructive devices, or ammunition other than armor piercing

23 ammunition; Type 11-importer of destructive devices,

24 ammunition for destructive devices, or armor piercing

25 ammunition.

26 "Licensee" means a dealer or a dealership licensed under

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1 this Act. Anyone who holds himself or herself out as a licensee

2 or who is accused of unlicensed business is considered a

3 licensee for purposes of enforcement, investigation, hearings,

4 and the Illinois Administrative Procedure Act.

5 "Licensed collector" means any person licensed as a

6 collector under 18 U.S.C. 923.

7 "Manufacturer" means, as defined by 18 U.S.C. 921 (a)(10)

8 and 27 CFR 478.11, any person engaged in the business of

9 manufacturing firearms or ammunition for purposes of sale or

10 distribution. "Manufacturer" includes the following types of

11 Federal Firearms Licenses: Type 06-manufacturer of ammunition

12 for firearms other than ammunition for destructive devices or

13 armor piercing ammunition; Type 07-manufacturer of firearms

14 other than destructive devices; Type 10-manufacturer of

15 destructive devices, ammunition for destructive devices, or

16 armor piercing ammunition.

17 "Person" means a natural person.

18 "Secretary" means the Secretary of Financial and

19 Professional Regulation.

20 Section 10. License requirement.

21 (a) It is unlawful for a person to engage in the business

22 of selling, leasing, or otherwise transferring firearms

23 without a license under this Act. A dealership agent other than

24 a dealer licensee-in-charge may act on behalf of the licensed

25 dealership under Section 75 without being licensed as a dealer

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1 under this Act.

2 (b) It is unlawful for a person, firm, corporation, group

3 of individuals, or other legal entity to act as a dealership

4 licensed under this Act, to advertise, or to assume to act as a

5 licensed dealership or to use a title implying that the person,

6 firm, or other entity is engaged in business as a dealership

7 without a license under this Act. An individual or sole

8 proprietor licensed as a dealer who operates without any

9 dealership agents may act as a dealership without having to

10 obtain a dealership license, provided the dealer notifies the

11 Department that he or she is operating in this manner and

12 provides the information required under Section 65, as

13 determined to be applicable to the dealer by the Department.

14 The dealer may operate under a "doing business as" or assumed

15 name certification so long as the assumed name is first

16 registered with the Department.

17 (b-5) A person licensed as an auctioneer under the Auction

18 License Act may facilitate a transfer permitted under this Act

19 without being registered as a dealer under this Act.

20 (c) No dealership shall operate a branch office without

21 first applying for and receiving a branch office license for

22 each location. The term "branch office" does not include a

23 location at which the dealership conducts business

24 temporarily, such as at a gun show.

25 (d) It is unlawful to obtain or attempt to obtain any

26 license or authorization issued under this Act by fraudulent

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1 misrepresentation.

2 (e) A person who violates any provision of this Section is

3 guilty of a Class A misdemeanor for a first violation, and a

4 Class 4 felony for a second or subsequent violation.

5 (f) In addition to any other penalty provided by law, any

6 person or entity who violates any provision of this Section

7 shall pay a civil penalty to the Department in an amount not to

8 exceed $10,000 for each offense as determined by the

9 Department. The civil penalty shall be assessed by the

10 Department after a hearing is held in accordance with the

11 provisions set forth in this Act regarding the provision of a

12 hearing for the discipline of a licensee.

13 (g) The Department has the authority and power to

14 investigate any and all unlicensed activity.

15 (h) The civil penalty shall be paid within 60 days after

16 the effective date of the order imposing the civil penalty. The

17 order shall constitute a judgment and may be filed and

18 execution had thereon in the same manner as any judgment from

19 any court of record.

20 Section 15. Exemptions.The provisions of this Act related

21 to the licensure of dealers and dealerships do not apply to a

22 person or other entity that engages in the following

23 activities:

24 (1) transfers of less than 10 firearms within each calendar

25 year;

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1 (2) temporary transfers of firearms solely for use at the

2 location or on the premises where the transfer takes place,

3 such as transfers at a shooting range for use at that location;

4 (3) temporary transfers of firearms solely for use while in

5 the presence of the transferor, such as transfers for the

6 purposes of firearm safety training by a training instructor;

7 (4) transfers of firearms among immediate family or

8 household members, as "immediate family or household member" is

9 defined in Section 3-2.7-10 of the Unified Code of Corrections;

10 (5) transfers by persons or entities acting under operation

11 of law or a court order;

12 (6) transfers by persons or entities liquidating all or

13 part of a collection. For purposes of this paragraph (6),

14 "collection" means 2 or more firearms which are of special

15 interest to collectors by reason of some quality other than is

16 associated with firearms intended for sporting use or as

17 offensive or defensive weapons;

18 (7) transfers of firearms that have been rendered

19 permanently inoperable to a nonprofit historical society,

20 museum, or institutional collection;

21 (8) transfers by a law enforcement or corrections agency or

22 a law enforcement or corrections officer acting within the

23 course and scope of his or her official duties;

24 (9) transfers by a person who has his or her Firearm

25 Owner's Identification Card revoked to a State or local law

26 enforcement agency;

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1 (10) transfers of curios and relics, as defined under

2 federal law, between collectors licensed under subsection (b)

3 of Section 923 of the federal Gun Control Act of 1968;

4 (11) transfers by a manufacturer or importer; provided,

5 that a dealer holding a Federal Firearms License Type 01-dealer

6 in firearms other than destructive devices; Type 02-pawnbroker

7 in firearms other than destructive devices; or Type 09-dealer

8 of destructive devices on April 1, 2017, is not exempt from

9 this Act by obtaining a Manufacturer Federal Firearms License

10 or Importer Federal Firearms License;

11 (12) transfers of pieces or parts of a firearm that do not

12 themselves qualify as firearms under paragraph (3) of

13 subsection (a) of Section 921 of the federal Gun Control Act of

14 1968 by a person who is actually engaged in manufacturing and

15 selling those pieces or parts but only on the activities which

16 are within the lawful scope of that business, and the

17 manufacture of which do not require the manufacturer to hold a

18 Federal Firearms License; or

19 (13) transfers of firearms by a dealer in which 20% or less

20 of the dealer's annual sales are from the sale of firearms.

21 Section 20. Powers and duties of the Department. Subject to

22 the provisions of this Act, the Department shall exercise the

23 following powers and duties:

24 (1) Prescribe forms to be issued for the administration

25 and enforcement of this Act.

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1 (2) Prescribe and publish rules for issuance of dealer

2 licenses and dealership licenses authorizing qualified

3 applicants to engage in the business of selling, leasing,

4 or otherwise transferring firearms.

5 (3) Review application to ascertain the qualifications

6 of applicants for licenses.

7 (4) Examine the records of licensees or investigate any

8 other aspect of the business of selling, leasing, or

9 otherwise transferring firearms.

10 (5) Conduct hearings on proceedings to refuse to issue

11 or renew licenses or to revoke, suspend, place on

12 probation, reprimand, or take any other disciplinary or

13 non-disciplinary action against licenses issued under this

14 Act.

15 (6) Formulate rules required for the administration of

16 this Act. Notice of proposed rulemaking shall be

17 transmitted to the Board, and the Department shall review

18 the Board's response and any recommendations made in the

19 response.

20 (7) Solicit the advice and expert knowledge of the

21 Board on any matter relating to the administration and

22 enforcement of this Act.

23 (8) Maintain rosters of the names and addresses of all

24 licensees and all persons whose licenses have been

25 suspended, revoked, denied renewal, or otherwise

26 disciplined within the previous calendar year. These

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1 rosters shall be available upon written request and payment

2 of the required fee as established by rule.

3 (9) Exercise the powers and duties prescribed by the

4 Civil Administrative Code of Illinois for the

5 administration of licensing Acts.

6 (10) Contract with the Department of State Police, as

7 necessary, to perform inspections of licensees, as

8 provided under this Act.

9 (11) Authorize examinations to ascertain the

10 qualifications and fitness of applicants for licensing as a

11 dealer and pass upon the qualifications of applicants for

12 licensure.

13 Section 25. The Gun Dealer Licensing Board.

14 (a) The Gun Dealer Licensing Board shall consist of 5

15 members to be appointed by the Secretary. Each member shall

16 have a reasonable knowledge of the federal and State laws

17 regarding firearms. Each member shall either be a resident of

18 this State or shall certify that he or she will become a

19 resident of this State before taking office. The Board shall

20 consist of:

21 (1) one member with at least 5 years of service as a

22 county sheriff or chief of police of a municipal police

23 department within this State;

24 (2) one representative of the Department of State

25 Police with at least 5 years investigative experience or

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1 duties related to criminal justice;

2 (3) one member with at least 5 years of experience as a

3 federally licensed firearms dealer in good standing within

4 this State;

5 (4) one member who is a representative of an advocacy

6 group for public safety; and

7 (5) one member shall be a lawyer licensed to practice

8 law in this State. The membership shall reasonably reflect

9 the different geographic areas in this State.

10 (b) Members shall serve 4 year terms and may serve until

11 their successors are appointed and qualified. Partial terms of

12 over 2 years in length shall be considered full terms. No

13 member shall serve for more than 2 successive terms. Whenever a

14 vacancy in the Board occurs, the remaining members of the Board

15 shall notify the Secretary of that vacancy within 5 days after

16 its occurrence and the Secretary shall fill the vacancy within

17 45 days. Appointments to fill vacancies shall be made in the

18 same manner as the original appointments for the unexpired

19 portion of the vacated term.

20 (c) The Secretary may recommend the removal of any member

21 of the Board for cause at any time before the expiration of his

22 or her term. A majority vote of the members is required for a

23 decision to remove any member of the Board. A member subject to

24 formal disciplinary proceedings shall disqualify himself or

25 herself from all Board business until the charge is resolved. A

26 member also shall disqualify himself or herself from any matter

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1 on which the member cannot act objectively.

2 (d) The Board shall annually elect one of its members as

3 chairperson and one of its members as vice-chair.

4 (e) Members shall receive compensation as set by law. Each

5 member shall receive reimbursement as set by the Governor's

6 Travel Control Board for expenses incurred in carrying out the

7 duties as a Board member.

8 (f) A majority of Board members constitutes a quorum. A

9 majority vote of the members is required for a decision. A

10 vacancy in the membership of the Board shall not impair the

11 right of a quorum to exercise all of the rights and perform all

12 of the duties of the Board.

13 (g) The Board may recommend policies, procedures, and rules

14 relevant to the administration and enforcement of this Act.

15 Section 30. Application for license; forms.

16 (a) Each license application shall be on forms provided by

17 the Department.

18 (b) Every application for an original dealer license shall

19 include the applicant's social security number, which shall be

20 retained in the dealership's records pertaining to the license.

21 As soon as practical, the Department shall assign a customer's

22 identification number to each applicant for a license.

23 Every application for a renewal or restored license shall

24 require the applicant's customer identification number.

25 (c) Beginning January 1, 2019, the Department shall accept

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1 applications for dealership licenses and dealer licenses.

2 Section 35. Issuance of license; renewal; fees.

3 (a) The Department shall, upon the applicant's

4 satisfactory completion of the requirements under this Act and

5 receipt of the fee, issue the license indicating the name and

6 business location of the licensee and the date of expiration.

7 On or before December 31, 2019, the Department shall issue

8 dealer and dealership licenses to all qualified applicants

9 whose business existed in that location on the effective date

10 of this Act, and who submitted the application to the

11 Department on or after January 1, 2019 but before October 1,

12 2019. If an applicant submits an application for a license

13 before October 1, 2019 and the Department does not issue or

14 deny the license on or before December 31, 2019, or the

15 Department does not issue or deny a license within 90 days to

16 an applicant who submits an application for a license or

17 renewal of a license on October 1, 2019 or thereafter, the

18 applicant or licensee shall not be in violation of this Act on

19 the basis of continuing to operate the business.

20 (b) The expiration date, renewal period, and conditions for

21 renewal and restoration of each license shall be set by rule.

22 The holder may renew the license during the 90 days preceding

23 its expiration by paying the required fee and by meeting

24 conditions that the Department may specify. As a condition of

25 renewal of a dealer's license, the Department shall receive

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1 from the applicant a copy of his or her valid and unexpired

2 concealed carry license, or shall verify the validity of the

3 applicant's Firearm Owner's Identification Card through the

4 Department of State Police in a manner prescribed by rule by

5 the Department of State Police. A dealership or dealer

6 operating on an expired license is considered to be practicing

7 without a license.

8 (c) A dealership that has permitted a license to expire may

9 have it restored by submitting an application to the

10 Department, successfully completing an inspection by the

11 Department, and by paying the required restoration fee and all

12 lapsed renewal fees.

13 (d) A dealer that has permitted a license to expire may

14 have it restored by submitting an application to the

15 Department, paying the required restoration fee and all lapsed

16 renewal fees and by providing evidence of competence to resume

17 practice satisfactory to the Department and the Board, which

18 shall include a copy of the license holder's valid and

19 unexpired concealed carry license, or verification of the

20 continued validity of the license holder's Firearm Owner's

21 Identification Card through the Department of State Police in a

22 manner prescribed by rule by the Department of State Police,

23 and may include passing a written examination.

24 (e) Any dealer whose license has expired while he or she

25 has been engaged (1) in the federal service in active duty with

26 the Army of the United States, the United States Navy, the

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1 Marine Corps, the Air Force, the Coast Guard, or the State

2 Militia called into the service or training of the United

3 States of America, or (2) in training or education under the

4 supervision of the United States preliminary to induction into

5 the military service, may have his or her license restored

6 without paying any lapsed renewal fees or restoration fee, if

7 within 2 years after termination of that service, training or

8 education, other than by dishonorable discharge, he or she

9 furnishes the Department with an affidavit to the effect that

10 he or she has been so engaged and that his or her service,

11 training or education has been so terminated.

12 (f) A license shall not be denied any applicant because of

13 the race, religion, creed, national origin, political beliefs

14 or activities, age, sex, sexual orientation, or physical

15 disability that does not affect a person's ability to practice

16 with reasonable judgment, skill, or safety.

17 Section 40. Continuing education. The Department may adopt

18 rules of continuing education for persons licensed under this

19 Act. The Department shall consider the recommendations of the

20 Board in establishing guidelines for the continuing education

21 requirements.

22 Section 45. Examination of applicants; fee forfeiture.

23 (a) Applicants for licensure as a dealer shall be examined

24 as provided by this Section if they are qualified to be

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1 examined under this Act. All applicants taking the examination

2 shall be evaluated using the same standards as others who are

3 examined for the respective license.

4 (b) Examinations for licensure shall be held at the time

5 and place as the Department may determine, but shall be held at

6 least twice a year.

7 (c) Examinations shall test the amount of knowledge and

8 skill needed to perform the duties set under this Act and

9 comply with other provisions of federal and State law

10 applicable to the sale and transfer of firearms. The Department

11 may contract with a testing service for the preparation and

12 conduct of the examination.

13 (d) If an applicant neglects, fails, or refuses to take an

14 examination within one year after filing an application, the

15 fee shall be forfeited. However, an applicant may, after a

16 1-year period, make a new application for examination

17 accompanied by the required fee. If an applicant fails to pass

18 the examination within 3 years after filing an application, the

19 application shall be denied. An applicant may make a new

20 application after the 3-year period.

21 (e) This Section does not apply to an applicant who was

22 properly licensed as a firearms dealer under Section 923 of the

23 federal Gun Control Act of 1968 (18 U.S.C. 923) on the

24 effective date of this Act, in operation in this State.

25 Section 50. Qualifications for licensure as a dealer.

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1 (a) A person is qualified for licensure as a dealer if he

2 or she meets all of the following requirements:

3 (1) is at least 21 years of age;

4 (2) has a currently valid and unexpired concealed carry

5 license or Firearm Owner's Identification Card. The

6 Department shall verify the validity of the applicant's

7 Firearm Owner's Identification Card through the Department

8 of State Police in a manner prescribed by rule by the

9 Department of State Police. The Department of State Police

10 shall provide the Department with an approval number if the

11 Firearm Owner's Identification Card is currently valid;

12 (3) has not had a license or permit to sell, lease,

13 transfer, purchase, or possess firearms from the federal

14 government or the government of any state or subdivision of

15 any state revoked or suspended for good cause within the

16 preceding 3 years, or been terminated from employment with

17 a licensee or former licensee for good cause within the

18 preceding 3 years;

19 (4) has a minimum of one year of experience, with a

20 minimum of 100 hours per year, during the 5 years

21 immediately preceding the application: (i) as a dealership

22 agent under this Act; or (ii) as a federal firearms dealer

23 licensed under Section 923 of the federal Gun Control Act

24 of 1968 (18 U.S.C. 923) or an employee of the business who

25 had access to firearms;

26 (5) has paid the fees required by this Act; and

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1 (6) has passed an examination authorized by the

2 Department.

3 (b) The Department may request a personal interview of an

4 applicant before the Board to further evaluate his or her

5 qualifications for a license.

6 Section 55. Qualifications for licensure as a dealership.

7 (a) Upon receipt of the required fee and the information

8 listed in subsection (b) of this Section, the Department shall

9 issue a license as a dealership to any of the following:

10 (1) An individual who submits an application and is a

11 licensed dealer under this Act.

12 (2) A firm that submits an application and all of the

13 members of the firm are licensed dealers under this Act.

14 (3) A corporation or limited liability company doing

15 business in this State that is authorized by its articles

16 of incorporation or organization to engage in the business

17 of conducting a dealership if at least one executive

18 employee is licensed as a dealer under this Act.

19 (b) The Department shall require all of the following

20 information from each applicant for licensure as a dealership

21 under this Act:

22 (1) The name, full business address, and telephone

23 number of the dealership. The business address for the

24 dealership shall be the complete street address where

25 firearms in the inventory of the dealership are regularly

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1 stored, shall be located within the State, and may not be a

2 Post Office Box. The applicant shall submit proof that the

3 business location is or will be used to conduct the

4 dealership's business.

5 (2) All trade or business names used by the licensee.

6 (3) The type of ownership or operation, such as a

7 partnership, corporation, or sole proprietorship.

8 (4) The name of the owner or operator of the

9 dealership, including:

10 (A) if a person, then the name and address of

11 record of the person;

12 (B) if a partnership, then the name and address of

13 record of each partner and the name of the partnership;

14 (C) if a corporation, then the name, address of

15 record, and title of each corporate officer and

16 director, the corporate names, and the name of the

17 state of incorporation; and

18 (D) if a sole proprietorship, then the full name

19 and address of record of the sole proprietor and the

20 name of the business entity.

21 (5) The name and license number of the

22 licensee-in-charge for the dealership.

23 (6) Proof that the applicant has applied for or

24 received a certificate of registration under the

25 Retailers' Occupation Tax Act.

26 (7) From the sheriff of the county in which the

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1 business address is located written confirmation stating

2 that, to the best of the sheriff's knowledge, the applicant

3 is in compliance with applicable federal, State, and local

4 laws. A sheriff that refuses to provide this confirmation

5 within 30 days after the date of the application shall

6 instead submit an objection in writing to the Department

7 and the license applicant based upon a reasonable suspicion

8 that the applicant is not in compliance with applicable

9 federal, State, and local laws. If no written confirmation

10 or objection is made under this paragraph (7) within 30

11 days after the date of the application, the Department

12 shall proceed as if the sheriff had provided confirmation.

13 A municipality or county may impose additional

14 requirements for the operation of gun dealers and

15 dealerships beyond the requirements of this Act and

16 consistent with the United States Constitution and the

17 Constitution of the State of Illinois, including local

18 license requirements. It shall be the duty of local

19 authorities to investigate and enforce any failure of a

20 dealer or dealership to meet these requirements and to

21 notify the Department of these investigations and

22 enforcement actions. This paragraph (7) supersedes Section

23 13.1 of the Firearm Owners Identification Card Act and

24 Section 90 of the Firearm Concealed Carry Act as applied to

25 the local regulation of dealers and dealerships.

26 (8) Proof that the dealership is properly licensed as a

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1 firearms dealer under federal law.

2 (9) A final inspection report demonstrating that the

3 Department has determined upon inspection that the

4 proposed business premises comply with Section 70 of this

5 Act.

6 (c) No dealer may be the licensee-in-charge for more than

7 one dealership. Upon written request by a representative of a

8 dealership, within 10 days after the loss of a

9 licensee-in-charge of a dealership because of the death of that

10 individual or because of the termination of the employment of

11 that individual, the Department shall issue a temporary

12 certificate of authority allowing the continuing operation of

13 the licensed dealership. No temporary certificate of authority

14 shall be valid for more than 90 days. An extension of an

15 additional 90 days may be granted upon written request by the

16 representative of the dealership. Not more than 2 extensions

17 may be granted to any dealership. No temporary permit shall be

18 issued for loss of the licensee-in-charge because of

19 disciplinary action by the Department related to his or her

20 conduct on behalf of the dealership.

21 (d) The Department may request a personal interview of a

22 gun dealership licensee-in-charge to evaluate the dealership's

23 qualifications for a license.

24 Section 60. Training of dealership agents. The Department

25 shall adopt rules requiring dealership agents to undergo

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1 training regarding legal requirements and responsible business

2 practices as applicable to the sale or transfer of firearms.

3 Before a dealership agent has unsupervised access to or control

4 over firearms in the dealership's inventory or confidential or

5 security information, the dealership shall ensure that the

6 dealership agent receives the training that the Department may

7 require.

8 Section 65. Display of license. Each licensee shall

9 prominently display his or her individual, agency, or branch

10 office license at each place where business is being conducted,

11 as required under this Act. A licensee-in-charge is required to

12 post his or her license only at the dealership office.

13 Section 70. Requirements; prohibitions.

14 (a) The Department of Financial and Professional

15 Regulation shall implement the provisions of this Section by

16 rule.

17 (b) A licensee shall maintain operating documents which

18 shall include procedures for the oversight of the licensee and

19 procedures to ensure accurate recordkeeping.

20 (c) By the date of application, a licensee shall implement

21 appropriate security measures, as provided by rule, to deter

22 and prevent the theft of firearms and unauthorized entrance

23 into areas containing firearms. The rules may provide for:

24 (1) the manner of securing firearms when the location

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1 is both open and closed for business;

2 (2) alarm systems for licensees; and

3 (3) other reasonable requirements to deter illegal

4 sales and reduce the risk of burglaries and other crimes or

5 accidents at licensees' business establishments.

6 (d) If a licensee operates the business at a permanent

7 physical location that is open to the public, that location

8 shall be equipped with a video surveillance system sufficient

9 to monitor the critical areas of the business premises,

10 including, but not limited to, all places where firearms are

11 stored, handled, sold, transferred, or carried. The video

12 surveillance system shall operate without interruption

13 whenever the licensee is open for business. Whenever the

14 licensee is not open for business, the system shall be

15 triggered by a motion detector and begin recording immediately

16 upon detection of any motion within the monitored area. The

17 stored images shall be maintained on the business premises of

18 the licensee for a period of not less than 90 days from the

19 date of recording and shall only be available for inspection on

20 the premises by the licensee, the licensee's dealership agents,

21 the Department, or federal, State, and local law enforcement

22 upon request, and neither the stored images, copies, records,

23 or reproductions of the stored images shall leave the custody

24 of the licensee except under a court order, subpoena, or search

25 warrant. The licensee shall post a sign in a conspicuous place

26 at each entrance to the premises that states in block letters

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1 not less than one inch in height:

2 "THESE PREMISES ARE UNDER VIDEO SURVEILLANCE. YOUR IMAGE

3 MAY BE RECORDED."

4 (e) The area where the licensee stores firearms that are

5 inventory of the licensee shall only be accessed by dealership

6 agents, Department of Financial and Professional Regulation

7 staff performing inspections, law enforcement or other

8 emergency personnel, and contractors working on jobs unrelated

9 to firearms, such as installing or maintaining security devices

10 or performing electrical wiring.

11 (f) A licensee shall operate its business and conduct all

12 sales and transfers of firearms in compliance with all federal

13 and State laws, and maintain all records as required by federal

14 and State laws.

15 (g) A licensee shall make a photo copy of a buyer's or

16 transferee's valid photo I.D. card whenever a sale transaction

17 takes place. The photo copy shall be attached to the

18 documentation detailing the record of sale.

19 (h) A licensee shall post in a conspicuous position on the

20 premises where the licensee conducts business a sign that

21 contains the following warning in block letters not less than

22 one inch in height:

23 "With few exceptions, it is unlawful for you to:

24 (1) store or leave an unsecured firearm in a place

25 where a child can obtain access to it,

26 (2) sell or transfer your firearm to someone else

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1 without receiving approval for the transfer from the

2 Department of State Police, or

3 (3) fail to report the loss or theft of your

4 firearm to local law enforcement within 72 hours."

5 A licensee shall post any additional warnings or provide

6 any other information regarding firearms laws and the safe

7 storage of firearms to consumers as required by the Department

8 by rule.

9 (i) Before issuance, renewal, or restoration of a

10 dealership license, the Department shall inspect the premises

11 of the proposed business to ensure compliance with this Act.

12 Licensees shall have their places of business open for

13 inspection by the Department and law enforcement during all

14 hours of operation, provided that the Department may conduct no

15 more than one unannounced inspection per dealer or dealership

16 per year without good cause. Licensees shall make all records,

17 documents, and firearms accessible for inspection upon the

18 request of law enforcement and the Department.

19 (j) The premises where the licensee conducts business shall

20 not be located in any district or area that is within 500 feet

21 of any school, pre-school, or day-care facility. This

22 subsection (j) does not apply to a licensee whose business

23 existed in that location on the effective date of this Act, and

24 does not limit the authority of a local government to impose

25 and enforce additional limits on the location of a business

26 regulated under this Act.

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1 Section 75. Dealership agent requirements. A licensed

2 dealership may employ in the conduct of his or her business

3 dealership agents under the following provisions:

4 (1) A dealership shall not knowingly allow a person to have

5 unsupervised access to firearms in the inventory of the

6 dealership or confidential or security information who:

7 (A) is younger than 21 years of age;

8 (B) does not have a valid and unexpired concealed carry

9 license or Firearm Owner's Identification Card; or

10 (C) has had a license denied, suspended, or revoked

11 under this Act, or been terminated from employment as a

12 dealership agent:

13 (i) within one year before the date the person's

14 application for employment with the dealership; and

15 (ii) that refusal, denial, suspension, revocation,

16 or termination was based on any provision of this Act.

17 (2) No person may act as a dealership agent under this

18 Section until he or she has executed and furnished to the

19 employer, on forms furnished by the Department, a verified

20 statement to be known as "Dealership Agent's Statement" setting

21 forth:

22 (A) The person's full name, age, and residence address.

23 (B) That the person has not had a license denied,

24 revoked, or suspended under this Act, or been terminated

25 from employment as a dealership agent:

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1 (i) within one year before the date the person's

2 application for employment with the dealership; and

3 (ii) that refusal, denial, suspension, revocation,

4 or termination was based on any provision of this Act.

5 (C) That the person will notify the dealership

6 immediately if his or her Firearm Owner's Identification

7 Card or concealed carry license is revoked for any reason.

8 (D) That the person will not divert firearms in

9 violation of the law.

10 (3) Each applicant for employment as a dealership agent

11 shall provide a copy of his or her valid and unexpired

12 concealed carry license, or have the validity of his or her

13 Firearm Owner's Identification Card confirmed by the

14 dealership through the Department of State Police in a manner

15 prescribed by rule by the Department of State Police. The

16 Department of State Police shall provide the dealership with an

17 approval number if the Firearm Owner's Identification Card is

18 currently valid.

19 (4) As part of an application for renewal or restoration of

20 a dealership license, the dealership shall confirm the validity

21 of the Firearm Owner's Identification Card of each dealership

22 agent employed by the dealership, and record the unique

23 approval number provided by the Department of State Police in

24 the record maintained under paragraph (5) of this Section,

25 provided that a dealership shall not be required to confirm the

26 validity of the Firearm Owner's Identification Card of a

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1 dealership agent if the dealership has already confirmed the

2 validity of the dealership agent's Firearm Owner's

3 Identification Card within the last 6 months or the dealership

4 agent has provided the dealership with a copy of his or her

5 valid and unexpired concealed carry license within the last 6

6 months.

7 (5) Each dealership shall maintain a record of each

8 dealership agent that is accessible to the Department. The

9 record shall contain the following information:

10 (A) The Dealership Agent's Statement specified in

11 paragraph (2) of this Section; and

12 (B) A copy of the dealership agent's concealed carry

13 license or Firearm Owner's Identification Card, and the

14 approval number provided by the Department of State Police

15 when the dealership last confirmed the validity of the

16 dealership agent's Firearm Owner's Identification Card.

17 The Department may, by rule, prescribe further record

18 requirements.

19 (6) Every dealership shall maintain a separate roster of

20 the names of all dealership agents and submit the roster to the

21 Department on request.

22 (7) No dealership may employ any person to perform a

23 licensed activity under this Act unless the person possesses a

24 valid dealer license under this Act or the requirements of this

25 Section are met, or the person is exempt under paragraph (8) of

26 this Section.

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1 (8) Peace officers shall be exempt from the requirements of

2 this Section relating to Firearm Owner's Identification Cards

3 and concealed carry licenses. The dealership shall remain

4 responsible for any peace officer employed under this

5 exemption, regardless of whether the peace officer is

6 compensated as an employee or as an independent contractor and

7 as further defined by rule.

8 (9) Persons who have no unsupervised access to firearms in

9 the inventory of a dealership or confidential or security

10 information are exempt from the requirements of a dealership

11 agent.

12 (10) This Section shall apply to unpaid or paid volunteers

13 or other agents of the dealership who will have access to or

14 control over firearms in the inventory of the dealership or

15 confidential or security information, just as it applies to

16 paid employees.

17 Section 80. Employment requirement.A dealership licensed

18 under this Act is prohibited from evading or attempting to

19 evade the requirements for dealership agents under this Act by

20 engaging a contractor or independent contractor to perform the

21 activities of a dealer or dealership agent, unless that person

22 is licensed under this Act.

23 Section 85. Disciplinary sanctions.

24 (a) The Department may deny issuance, refuse to renew, or

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1 restore or may reprimand, place on probation, suspend, revoke,

2 or take other disciplinary or non-disciplinary action against

3 any license, may impose a fine not to exceed $10,000 for each

4 violation, and may assess costs as provided for under Section

5 150, for any of the following, consistent with the Protection

6 of Lawful Commerce in Arms Act, 15 U.S.C. 7901 through 7903 or

7 amendments thereto:

8 (1) Material misstatement in furnishing information to

9 the Department or to any other State or federal agency.

10 (2) Violations of this Act, any of the rules adopted

11 under this Act, or any law applicable to the sale or

12 transfer of firearms.

13 (3) Making any misrepresentation for the purpose of

14 obtaining licenses or cards.

15 (4) A pattern of practice or other behavior which

16 demonstrates incapacity or incompetency to practice under

17 this Act.

18 (5) Aiding or assisting another person in violating any

19 provision of this Act or rules adopted under this Act.

20 (6) Failing, within 60 days, to provide information in

21 response to a written request made by the Department.

22 (7) Conviction of or plea of guilty or plea of nolo

23 contendere to any crime that disqualifies the person from

24 obtaining a valid Firearm Owner's Identification Card.

25 (8) Continued practice, although the person has become

26 unfit to practice due to any of the following:

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1 (A) Physical illness, mental illness, or other

2 impairment, including, but not limited to,

3 deterioration through the aging process or loss of

4 motor skills that results in the inability to serve the

5 public with reasonable judgment, skill, or safety.

6 (B) Any circumstance that disqualifies the person

7 from obtaining a valid Firearm Owner's Identification

8 Card.

9 (C) Habitual or excessive use or abuse of drugs

10 defined in law as controlled substances, alcohol, or

11 any other substance that results in the inability to

12 practice with reasonable judgment, skill, or safety.

13 (9) Receiving, directly or indirectly, compensation

14 for any firearms sold or transferred illegally.

15 (10) Discipline by another United States jurisdiction,

16 foreign nation, or governmental agency, if at least one of

17 the grounds for the discipline is the same or substantially

18 equivalent to those set forth in this Act.

19 (11) Giving differential treatment to a person that is

20 to that person's detriment because of race, color, creed,

21 sex, sexual orientation, religion, or national origin.

22 (12) Violation of any disciplinary order imposed on a

23 licensee by the Department.

24 (13) Conducting a dealership without a valid license.

25 (14) Revealing confidential or security information,

26 except as specifically authorized by law, including but not

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1 limited to information about purchasers and transferees of

2 firearms, provided that a licensee or dealership agent may

3 disclose this information under a court order, subpoena, or

4 search warrant or to the Department or federal, State, or

5 local law enforcement agencies upon request.

6 (15) Purporting to be a licensee-in-charge of an agency

7 without active participation in the agency.

8 (16) A finding by the Department that the licensee,

9 after having his or her license placed on probationary

10 status, has violated the terms of probation.

11 (17) Failure to report in writing to the Department,

12 within 60 days of an entry of a settlement or a verdict in

13 excess of $10,000, any legal action in which the business

14 of the dealer, dealership, or dealership agent was the

15 subject of the legal action.

16 (b) All fines imposed under this Section shall be paid

17 within 60 days after the effective date of the order imposing

18 the fine.

19 Section 90. Suspension or revocation of dealership agent

20 authority.

21 (a) Dealership agents shall be subject to the disciplinary

22 sanctions of this Act and shall otherwise comply with this Act

23 and the rules adopted under it. Notwithstanding any other

24 provision in this Act to the contrary, dealership agents shall

25 not be responsible for compliance with any requirement that

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1 this Act assigns to the dealership or the licensee-in-charge

2 regardless of the agent's job title, job duties, or position in

3 the dealership. The procedures for disciplining a licensee

4 shall also apply in taking action against a dealership agent.

5 (b) The revocation of a dealer's or dealership agent's

6 Firearm Owner's Identification Card or concealed carry

7 license, if applicable, operates as an automatic suspension of

8 the dealer license or dealership agent's authority under this

9 Act. The suspension shall end only upon the issuance by the

10 Department of State Police of a new Firearm Owner's

11 Identification Card or concealed carry license to the dealer or

12 dealership agent.

13 Section 95. Returned checks; fines. Any person who delivers

14 a check or other payment to the Department that is returned to

15 the Department unpaid by the financial institution upon which

16 it is drawn shall pay to the Department, in addition to the

17 amount already owed to the Department, a fine of $50. The fines

18 imposed by this Section are in addition to any other discipline

19 provided under this Act for unlicensed business or business on

20 a nonrenewed license. The Department shall notify the person

21 that payment of fees and fines shall be paid to the Department

22 by certified check or money order within 30 calendar days of

23 the notification. If, after the expiration of 30 days from the

24 date of the notification, the person has failed to submit the

25 necessary remittance, the Department shall automatically

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1 terminate the license or deny the application, without hearing.

2 If, after termination or denial, the person seeks a license, he

3 or she shall apply to the Department for restoration or

4 issuance of the license and pay all fees and fines due to the

5 Department. The Department may establish a fee for the

6 processing of an application for restoration of a license to

7 pay all expenses of processing this application. The Secretary

8 may waive the fines due under this Section in individual cases

9 if the Secretary finds that the fines would be unreasonable or

10 unnecessarily burdensome.

11 Section 100. Statute of limitations. No action may be taken

12 under this Act against a person or entity licensed under this

13 Act unless the action is commenced within 5 years after the

14 occurrence of the alleged violations. A continuing violation

15 shall be deemed to have occurred on the date when the

16 circumstances last existed that give rise to the alleged

17 violation.

18 Section 105. Complaints; investigations; hearings.

19 (a) The Department may investigate the actions of any

20 applicant or of any person or persons holding or claiming to

21 hold a license or registration under this Act.

22 (b) The Department shall, before disciplining a licensee

23 under Section 130 or refusing to issue or license, at least 30

24 days before the date set for the hearing, (i) notify the

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1 accused in writing of the charges made and the time and place

2 for the hearing on the charges, (ii) direct him or her to file

3 a written answer to the charges under oath within 20 days after

4 service, and (iii) inform the applicant or licensee that

5 failure to answer will result in a default being entered

6 against the applicant or licensee.

7 (c) At the time and place fixed in the notice, the Board or

8 the hearing officer appointed by the Secretary shall proceed to

9 hear the charges, and the parties or their counsel shall be

10 accorded ample opportunity to present any pertinent

11 statements, testimony, evidence, and arguments. The Board or

12 hearing officer may continue the hearing from time to time. In

13 case the person, after receiving the notice, fails to file an

14 answer, his or her license may, in the discretion of the

15 Secretary, having first received the recommendation of the

16 Board, be suspended, revoked, or placed on probationary status,

17 or be subject to whatever disciplinary action the Secretary

18 considers proper, including limiting the scope, nature, or

19 extent of the person's business or the imposition of a fine,

20 without hearing, if the act or acts charged constitute

21 sufficient grounds for that action under this Act.

22 (d) The written notice and any notice in the subsequent

23 proceeding may be served by certified mail to the licensee's

24 address of record.

25 (e) The Secretary has the authority to appoint any attorney

26 licensed to practice law in this State to serve as the hearing

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1 officer in any action for refusal to issue, restore, or renew a

2 license or to discipline a licensee. The hearing officer has

3 full authority to conduct the hearing.

4 Section 110. Hearing; rehearing.

5 (a) The Board or the hearing officer authorized by the

6 Department shall hear evidence in support of the formal charges

7 and evidence produced by the licensee. At the conclusion of the

8 hearing, the Board shall present to the Secretary a written

9 report of its findings of fact, conclusions of law, and

10 recommendations. The report shall contain a finding of whether

11 the accused person violated this Act or failed to comply with

12 the conditions required in this Act. The Board shall specify

13 the nature of the violation or failure to comply and shall make

14 its recommendation to the Secretary.

15 (b) At the conclusion of the hearing, a copy of the Board

16 or hearing officer's report shall be served upon the applicant

17 or licensee by the Department, either personally or as provided

18 in this Act for the service of a notice of hearing. Within 20

19 calendar days after service, the applicant or licensee may

20 present to the Department a motion in writing for a rehearing,

21 which shall specify the particular grounds for rehearing. The

22 Department may respond to the motion for rehearing within 20

23 calendar days after its service on the Department. If no motion

24 for rehearing is filed, then upon the expiration of the time

25 specified for filing such a motion, or upon denial of a motion

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1 for rehearing, the Secretary may enter an order in accordance

2 with the recommendations of the Board or hearing officer. If

3 the applicant or licensee orders from the reporting service and

4 pays for a transcript of the record within the time for filing

5 a motion for rehearing, the 20-day period within which a motion

6 may be filed shall commence upon the delivery of the transcript

7 to the applicant or licensee.

8 (c) Whenever the Secretary is not satisfied that

9 substantial justice has been done, the Secretary may order a

10 rehearing by the same or another hearing officer.

11 (d) All proceedings under this Section are matters of

12 public record and shall be preserved.

13 (e) The dealer or dealership may continue to operate as a

14 dealer or dealership during the course of an investigation or

15 hearing, unless the Secretary finds that the public interest,

16 safety, or welfare requires an emergency action.

17 (f) Upon the suspension or revocation of a license, the

18 licensee shall surrender the license to the Department and,

19 upon failure to do so, the Department shall seize the same.

20 Section 115. Disposition by consent order. At any point in

21 any investigation or disciplinary proceeding provided for in

22 the Act, both parties may agree to a negotiated consent order.

23 The consent order shall be final upon signature of the

24 Secretary.

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1 Section 120. Restoration of license after disciplinary

2 proceedings. At any time after the successful completion of a

3 term of indefinite probation, indefinite suspension, or

4 revocation of a license, the Department may restore it to the

5 licensee, unless, after an investigation and a hearing, the

6 Secretary determines that restoration is not in the public

7 interest. No person or entity whose license, card, or authority

8 has been revoked as authorized in this Act may apply for

9 restoration of that license, registration, or authority until

10 such time as provided for in the Civil Administrative Code of

11 Illinois.

12 Section 125. Injunction; cease and desist orders.

13 (a) Upon the filing of a verified petition in court, if

14 satisfied by affidavit or otherwise that the person, firm,

15 corporation, or other legal entity is or has been conducting

16 activities in violation of this Act, the court may enter a

17 temporary restraining order or preliminary injunction, without

18 bond, enjoining the defendant from further activity. A copy of

19 the verified complaint shall be served upon the defendant and

20 the proceedings shall be conducted as in civil cases. If it is

21 established the defendant has been or is conducting activities

22 in violation of this Act, the court may enter a judgment

23 enjoining the defendant from that activity. In case of

24 violation of any injunctive order or judgment entered under

25 this Section, the court may punish the offender for contempt of

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1 court. Injunctive proceedings shall be in addition to all other

2 penalties under this Act.

3 (b) If any person has engaged in the business of selling,

4 leasing, or otherwise transferring firearms without having a

5 valid license under this Act, then any licensee, any interested

6 party, or any person injured thereby may, in addition to the

7 Secretary, petition for relief as provided in subsection (a) of

8 this Section.

9 (c) Whenever the Department has reason to believe a person,

10 firm, corporation, or other legal entity has violated any

11 provision of this Act, the Department may issue a rule to show

12 cause why an order to cease and desist should not be entered

13 against that person, firm, corporation, or other legal entity.

14 The rule shall clearly set forth the grounds relied upon by the

15 Department and shall provide a period of 7 days from the date

16 of the rule to file an answer to the satisfaction of the

17 Department. Failure to answer to the satisfaction of the

18 Department shall cause an order to cease and desist to be

19 issued immediately.

20 Section 130. Administrative review. All final

21 administrative decisions of the Department are subject to

22 judicial review under Article III of the Code of Civil

23 Procedure. The term "administrative decision" is defined as in

24 Section 3-101 of the Code of Civil Procedure. The proceedings

25 for judicial review shall be commenced in the circuit court of

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1 the county in which the party applying for review resides; but

2 if the party is not a resident of this State, the venue shall

3 be in Sangamon County. The Department shall not be required to

4 certify any record to the court or file any answer in court or

5 otherwise appear in any court in a judicial review proceeding,

6 unless and until the Department has received from the plaintiff

7 payment of the costs of furnishing and certifying the record,

8 which costs shall be determined by the Department. Exhibits

9 shall be certified without cost. Failure on the part of the

10 applicant or licensee to file a receipt in court is grounds for

11 dismissal of the action.

12 Section 135. Prima facie proof.

13 (a) An order or a certified copy thereof, over the seal of

14 the Department and purporting to be signed by the Secretary, is

15 prima facie proof that the signature is that of the Secretary,

16 and the Secretary is qualified to act.

17 (b) A certified copy of a record of the Department shall,

18 without further proof, be admitted into evidence in any legal

19 proceeding, and shall be prima facie correct and prima facie

20 evidence of the information contained therein.

21 Section 140. Subpoenas.

22 (a) The Department may subpoena and bring before it any

23 person to take the oral or written testimony or compel the

24 production of any books, papers, records, or any other

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1 documents that the Secretary or his or her designee deems

2 relevant or material to any such investigation or hearing

3 conducted by the Department with the same fees and in the same

4 manner as prescribed in civil cases in the courts of this

5 State.

6 (b) Any circuit court, upon the application of the

7 applicant, licensee, or Department, may order the attendance

8 and testimony of witnesses and the production of relevant

9 documents, files, records, books, and papers in connection with

10 any hearing or investigation. The circuit court may compel

11 obedience to its order by proceedings for contempt.

12 (c) The Secretary, the hearing officer, any member of the

13 Board, or a certified shorthand court reporter may administer

14 oaths at any hearing the Department conducts. Notwithstanding

15 any other statute or Department rule to the contrary, all

16 requests for testimony, production of documents or records

17 shall be in accordance with this Act.

18 Section 145. Stenographers. The Department, at its

19 expense, shall preserve the record of all proceedings at a

20 formal hearing of any case. The notice of hearing, complaint,

21 all other documents in the nature of pleadings and written

22 motions filed in the proceedings, the transcript of testimony,

23 the report of the Board and orders of the Department shall be

24 in the record of the proceedings.

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1 Section 150. Fees; deposit of fees and fines. The

2 Department shall by rule provide for fees for the

3 administration and enforcement of this Act, and those fees are

4 nonrefundable. All of the fees, penalties, and fines collected

5 under this Act shall be deposited into the General Professions

6 Dedicated Fund and shall be appropriated to the Department for

7 the ordinary and contingent expenses of the Department in the

8 administration and enforcement of this Act.

9 Section 155. Illinois Administrative Procedure Act;

10 application.

11 (a) All rules required under this Act shall be adopted in

12 accordance with Article 5 of the Illinois Administrative

13 Procedure Act.

14 (b) Article 10 of the Illinois Administrative Procedure Act

15 is expressly adopted and incorporated in this Act as if all of

16 the provisions of that Article were included in this Act,

17 except that the provision of paragraph (d) of Section 10-65 of

18 the Illinois Administrative Procedure Act, which provides that

19 at hearings the registrant or licensee has the right to show

20 compliance with all lawful requirements for retention or

21 continuation or renewal of the license, is specifically

22 excluded. For the purpose of this Act, the notice required

23 under Section 10-25 of the Illinois Administrative Procedure

24 Act is considered sufficient when mailed to the address of

25 record of a party.

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1 Section 160. Confidentiality. All information collected by

2 the Department in the course of an examination or investigation

3 of a licensee or applicant, including, but not limited to, any

4 complaint against a licensee filed with the Department and

5 information collected to investigate any such complaint, shall

6 be maintained for the confidential use of the Department and

7 shall not be disclosed. The Department shall not disclose the

8 information to anyone other than law enforcement officials,

9 regulatory agencies that have an appropriate regulatory

10 interest as determined by the Secretary, or a party presenting

11 a lawful subpoena to the Department. Information and documents

12 disclosed to a federal, State, county, or local law enforcement

13 agency shall not be disclosed by the agency for any purpose to

14 any other agency or person. A formal complaint filed against a

15 licensee by the Department or any order issued by the

16 Department against a licensee or applicant shall be a public

17 record, except as otherwise prohibited by law.

18 Section 165. Rules. The Department shall adopt rules

19 necessary to implement the provisions of this Act no later than

20 180 days after the effective date of this Act. The Department

21 may adopt rules necessary to implement the provisions of this

22 Act through the use of emergency rulemaking in accordance with

23 Section 5-45 of the Illinois Administrative Procedure Act for a

24 period not to exceed 180 days after the effective date of this

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1 Act.

2 Section 900. The Regulatory Sunset Act is amended by adding

3 Section 4.38 as follows:

4 (5 ILCS 80/4.38 new)

5 Sec. 4.38. Act repealed on January 1, 2028. The following

6 Act is repealed on January 1, 2028:

7 The Gun Dealer Licensing Act.

8 Section 905. The Illinois Administrative Procedure Act is

9 amended by changing Section 5-45 as follows:

10 (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)

11 (Text of Section before amendment by P.A. 99-906)

12 Sec. 5-45. Emergency rulemaking.

13 (a) "Emergency" means the existence of any situation that

14 any agency finds reasonably constitutes a threat to the public

15 interest, safety, or welfare.

16 (b) If any agency finds that an emergency exists that

17 requires adoption of a rule upon fewer days than is required by

18 Section 5-40 and states in writing its reasons for that

19 finding, the agency may adopt an emergency rule without prior

20 notice or hearing upon filing a notice of emergency rulemaking

21 with the Secretary of State under Section 5-70. The notice

22 shall include the text of the emergency rule and shall be

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1 published in the Illinois Register. Consent orders or other

2 court orders adopting settlements negotiated by an agency may

3 be adopted under this Section. Subject to applicable

4 constitutional or statutory provisions, an emergency rule

5 becomes effective immediately upon filing under Section 5-65 or

6 at a stated date less than 10 days thereafter. The agency's

7 finding and a statement of the specific reasons for the finding

8 shall be filed with the rule. The agency shall take reasonable

9 and appropriate measures to make emergency rules known to the

10 persons who may be affected by them.

11 (c) An emergency rule may be effective for a period of not

12 longer than 150 days, but the agency's authority to adopt an

13 identical rule under Section 5-40 is not precluded. No

14 emergency rule may be adopted more than once in any24-month ~~24~~

15 ~~month~~period, except that this limitation on the number of

16 emergency rules that may be adopted in a 24-month ~~24 month~~

17 period does not apply to (i) emergency rules that make

18 additions to and deletions from the Drug Manual under Section

19 5-5.16 of the Illinois Public Aid Code or the generic drug

20 formulary under Section 3.14 of the Illinois Food, Drug and

21 Cosmetic Act, (ii) emergency rules adopted by the Pollution

22 Control Board before July 1, 1997 to implement portions of the

23 Livestock Management Facilities Act, (iii) emergency rules

24 adopted by the Illinois Department of Public Health under

25 subsections (a) through (i) of Section 2 of the Department of

26 Public Health Act when necessary to protect the public's

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1 health, (iv) emergency rules adopted pursuant to subsection (n)

2 of this Section, (v) emergency rules adopted pursuant to

3 subsection (o) of this Section, or (vi) emergency rules adopted

4 pursuant to subsection (c-5) of this Section. Two or more

5 emergency rules having substantially the same purpose and

6 effect shall be deemed to be a single rule for purposes of this

7 Section.

8 (c-5) To facilitate the maintenance of the program of group

9 health benefits provided to annuitants, survivors, and retired

10 employees under the State Employees Group Insurance Act of

11 1971, rules to alter the contributions to be paid by the State,

12 annuitants, survivors, retired employees, or any combination

13 of those entities, for that program of group health benefits,

14 shall be adopted as emergency rules. The adoption of those

15 rules shall be considered an emergency and necessary for the

16 public interest, safety, and welfare.

17 (d) In order to provide for the expeditious and timely

18 implementation of the State's fiscal year 1999 budget,

19 emergency rules to implement any provision of Public Act 90-587

20 or 90-588 or any other budget initiative for fiscal year 1999

21 may be adopted in accordance with this Section by the agency

22 charged with administering that provision or initiative,

23 except that the 24-month limitation on the adoption of

24 emergency rules and the provisions of Sections 5-115 and 5-125

25 do not apply to rules adopted under this subsection (d). The

26 adoption of emergency rules authorized by this subsection (d)

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1 shall be deemed to be necessary for the public interest,

2 safety, and welfare.

3 (e) In order to provide for the expeditious and timely

4 implementation of the State's fiscal year 2000 budget,

5 emergency rules to implement any provision of Public Act 91-24

6 or any other budget initiative for fiscal year 2000 may be

7 adopted in accordance with this Section by the agency charged

8 with administering that provision or initiative, except that

9 the 24-month limitation on the adoption of emergency rules and

10 the provisions of Sections 5-115 and 5-125 do not apply to

11 rules adopted under this subsection (e). The adoption of

12 emergency rules authorized by this subsection (e) shall be

13 deemed to be necessary for the public interest, safety, and

14 welfare.

15 (f) In order to provide for the expeditious and timely

16 implementation of the State's fiscal year 2001 budget,

17 emergency rules to implement any provision of Public Act 91-712

18 or any other budget initiative for fiscal year 2001 may be

19 adopted in accordance with this Section by the agency charged

20 with administering that provision or initiative, except that

21 the 24-month limitation on the adoption of emergency rules and

22 the provisions of Sections 5-115 and 5-125 do not apply to

23 rules adopted under this subsection (f). The adoption of

24 emergency rules authorized by this subsection (f) shall be

25 deemed to be necessary for the public interest, safety, and

26 welfare.

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1 (g) In order to provide for the expeditious and timely

2 implementation of the State's fiscal year 2002 budget,

3 emergency rules to implement any provision of Public Act 92-10

4 or any other budget initiative for fiscal year 2002 may be

5 adopted in accordance with this Section by the agency charged

6 with administering that provision or initiative, except that

7 the 24-month limitation on the adoption of emergency rules and

8 the provisions of Sections 5-115 and 5-125 do not apply to

9 rules adopted under this subsection (g). The adoption of

10 emergency rules authorized by this subsection (g) shall be

11 deemed to be necessary for the public interest, safety, and

12 welfare.

13 (h) In order to provide for the expeditious and timely

14 implementation of the State's fiscal year 2003 budget,

15 emergency rules to implement any provision of Public Act 92-597

16 or any other budget initiative for fiscal year 2003 may be

17 adopted in accordance with this Section by the agency charged

18 with administering that provision or initiative, except that

19 the 24-month limitation on the adoption of emergency rules and

20 the provisions of Sections 5-115 and 5-125 do not apply to

21 rules adopted under this subsection (h). The adoption of

22 emergency rules authorized by this subsection (h) shall be

23 deemed to be necessary for the public interest, safety, and

24 welfare.

25 (i) In order to provide for the expeditious and timely

26 implementation of the State's fiscal year 2004 budget,

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1 emergency rules to implement any provision of Public Act 93-20

2 or any other budget initiative for fiscal year 2004 may be

3 adopted in accordance with this Section by the agency charged

4 with administering that provision or initiative, except that

5 the 24-month limitation on the adoption of emergency rules and

6 the provisions of Sections 5-115 and 5-125 do not apply to

7 rules adopted under this subsection (i). The adoption of

8 emergency rules authorized by this subsection (i) shall be

9 deemed to be necessary for the public interest, safety, and

10 welfare.

11 (j) In order to provide for the expeditious and timely

12 implementation of the provisions of the State's fiscal year

13 2005 budget as provided under the Fiscal Year 2005 Budget

14 Implementation (Human Services) Act, emergency rules to

15 implement any provision of the Fiscal Year 2005 Budget

16 Implementation (Human Services) Act may be adopted in

17 accordance with this Section by the agency charged with

18 administering that provision, except that the 24-month

19 limitation on the adoption of emergency rules and the

20 provisions of Sections 5-115 and 5-125 do not apply to rules

21 adopted under this subsection (j). The Department of Public Aid

22 may also adopt rules under this subsection (j) necessary to

23 administer the Illinois Public Aid Code and the Children's

24 Health Insurance Program Act. The adoption of emergency rules

25 authorized by this subsection (j) shall be deemed to be

26 necessary for the public interest, safety, and welfare.

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1 (k) In order to provide for the expeditious and timely

2 implementation of the provisions of the State's fiscal year

3 2006 budget, emergency rules to implement any provision of

4 Public Act 94-48 or any other budget initiative for fiscal year

5 2006 may be adopted in accordance with this Section by the

6 agency charged with administering that provision or

7 initiative, except that the 24-month limitation on the adoption

8 of emergency rules and the provisions of Sections 5-115 and

9 5-125 do not apply to rules adopted under this subsection (k).

10 The Department of Healthcare and Family Services may also adopt

11 rules under this subsection (k) necessary to administer the

12 Illinois Public Aid Code, the Senior Citizens and Persons with

13 Disabilities Property Tax Relief Act, the Senior Citizens and

14 Disabled Persons Prescription Drug Discount Program Act (now

15 the Illinois Prescription Drug Discount Program Act), and the

16 Children's Health Insurance Program Act. The adoption of

17 emergency rules authorized by this subsection (k) shall be

18 deemed to be necessary for the public interest, safety, and

19 welfare.

20 (l) In order to provide for the expeditious and timely

21 implementation of the provisions of the State's fiscal year

22 2007 budget, the Department of Healthcare and Family Services

23 may adopt emergency rules during fiscal year 2007, including

24 rules effective July 1, 2007, in accordance with this

25 subsection to the extent necessary to administer the

26 Department's responsibilities with respect to amendments to

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1 the State plans and Illinois waivers approved by the federal

2 Centers for Medicare and Medicaid Services necessitated by the

3 requirements of Title XIX and Title XXI of the federal Social

4 Security Act. The adoption of emergency rules authorized by

5 this subsection (l) shall be deemed to be necessary for the

6 public interest, safety, and welfare.

7 (m) In order to provide for the expeditious and timely

8 implementation of the provisions of the State's fiscal year

9 2008 budget, the Department of Healthcare and Family Services

10 may adopt emergency rules during fiscal year 2008, including

11 rules effective July 1, 2008, in accordance with this

12 subsection to the extent necessary to administer the

13 Department's responsibilities with respect to amendments to

14 the State plans and Illinois waivers approved by the federal

15 Centers for Medicare and Medicaid Services necessitated by the

16 requirements of Title XIX and Title XXI of the federal Social

17 Security Act. The adoption of emergency rules authorized by

18 this subsection (m) shall be deemed to be necessary for the

19 public interest, safety, and welfare.

20 (n) In order to provide for the expeditious and timely

21 implementation of the provisions of the State's fiscal year

22 2010 budget, emergency rules to implement any provision of

23 Public Act 96-45 or any other budget initiative authorized by

24 the 96th General Assembly for fiscal year 2010 may be adopted

25 in accordance with this Section by the agency charged with

26 administering that provision or initiative. The adoption of

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1 emergency rules authorized by this subsection (n) shall be

2 deemed to be necessary for the public interest, safety, and

3 welfare. The rulemaking authority granted in this subsection

4 (n) shall apply only to rules promulgated during Fiscal Year

5 2010.

6 (o) In order to provide for the expeditious and timely

7 implementation of the provisions of the State's fiscal year

8 2011 budget, emergency rules to implement any provision of

9 Public Act 96-958 or any other budget initiative authorized by

10 the 96th General Assembly for fiscal year 2011 may be adopted

11 in accordance with this Section by the agency charged with

12 administering that provision or initiative. The adoption of

13 emergency rules authorized by this subsection (o) is deemed to

14 be necessary for the public interest, safety, and welfare. The

15 rulemaking authority granted in this subsection (o) applies

16 only to rules promulgated on or after July 1, 2010 (the

17 effective date of Public Act 96-958) through June 30, 2011.

18 (p) In order to provide for the expeditious and timely

19 implementation of the provisions of Public Act 97-689,

20 emergency rules to implement any provision of Public Act 97-689

21 may be adopted in accordance with this subsection (p) by the

22 agency charged with administering that provision or

23 initiative. The 150-day limitation of the effective period of

24 emergency rules does not apply to rules adopted under this

25 subsection (p), and the effective period may continue through

26 June 30, 2013. The 24-month limitation on the adoption of

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1 emergency rules does not apply to rules adopted under this

2 subsection (p). The adoption of emergency rules authorized by

3 this subsection (p) is deemed to be necessary for the public

4 interest, safety, and welfare.

5 (q) In order to provide for the expeditious and timely

6 implementation of the provisions of Articles 7, 8, 9, 11, and

7 12 of Public Act 98-104, emergency rules to implement any

8 provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104

9 may be adopted in accordance with this subsection (q) by the

10 agency charged with administering that provision or

11 initiative. The 24-month limitation on the adoption of

12 emergency rules does not apply to rules adopted under this

13 subsection (q). The adoption of emergency rules authorized by

14 this subsection (q) is deemed to be necessary for the public

15 interest, safety, and welfare.

16 (r) In order to provide for the expeditious and timely

17 implementation of the provisions of Public Act 98-651,

18 emergency rules to implement Public Act 98-651 may be adopted

19 in accordance with this subsection (r) by the Department of

20 Healthcare and Family Services. The 24-month limitation on the

21 adoption of emergency rules does not apply to rules adopted

22 under this subsection (r). The adoption of emergency rules

23 authorized by this subsection (r) is deemed to be necessary for

24 the public interest, safety, and welfare.

25 (s) In order to provide for the expeditious and timely

26 implementation of the provisions of Sections 5-5b.1 and 5A-2 of

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1 the Illinois Public Aid Code, emergency rules to implement any

2 provision of Section 5-5b.1 or Section 5A-2 of the Illinois

3 Public Aid Code may be adopted in accordance with this

4 subsection (s) by the Department of Healthcare and Family

5 Services. The rulemaking authority granted in this subsection

6 (s) shall apply only to those rules adopted prior to July 1,

7 2015. Notwithstanding any other provision of this Section, any

8 emergency rule adopted under this subsection (s) shall only

9 apply to payments made for State fiscal year 2015. The adoption

10 of emergency rules authorized by this subsection (s) is deemed

11 to be necessary for the public interest, safety, and welfare.

12 (t) In order to provide for the expeditious and timely

13 implementation of the provisions of Article II of Public Act

14 99-6, emergency rules to implement the changes made by Article

15 II of Public Act 99-6 to the Emergency Telephone System Act may

16 be adopted in accordance with this subsection (t) by the

17 Department of State Police. The rulemaking authority granted in

18 this subsection (t) shall apply only to those rules adopted

19 prior to July 1, 2016. The 24-month limitation on the adoption

20 of emergency rules does not apply to rules adopted under this

21 subsection (t). The adoption of emergency rules authorized by

22 this subsection (t) is deemed to be necessary for the public

23 interest, safety, and welfare.

24 (u) In order to provide for the expeditious and timely

25 implementation of the provisions of the Burn Victims Relief

26 Act, emergency rules to implement any provision of the Act may

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1 be adopted in accordance with this subsection (u) by the

2 Department of Insurance. The rulemaking authority granted in

3 this subsection (u) shall apply only to those rules adopted

4 prior to December 31, 2015. The adoption of emergency rules

5 authorized by this subsection (u) is deemed to be necessary for

6 the public interest, safety, and welfare.

7 (v) In order to provide for the expeditious and timely

8 implementation of the provisions of Public Act 99-516 ~~this~~

9 ~~amendatory Act of the 99th General Assembly~~, emergency rules to

10 implement Public Act 99-516 ~~this amendatory Act of the 99th~~

11 ~~General Assembly~~ may be adopted in accordance with this

12 subsection (v) by the Department of Healthcare and Family

13 Services. The 24-month limitation on the adoption of emergency

14 rules does not apply to rules adopted under this subsection

15 (v). The adoption of emergency rules authorized by this

16 subsection (v) is deemed to be necessary for the public

17 interest, safety, and welfare.

18 (w) ~~(v)~~ In order to provide for the expeditious and timely

19 implementation of the provisions of Public Act 99-796 ~~this~~

20 ~~amendatory Act of the 99th General Assembly~~, emergency rules to

21 implement the changes made by Public Act 99-796 ~~this amendatory~~

22 ~~Act of the 99th General Assembly~~ may be adopted in accordance

23 with this subsection (w) ~~(v)~~ by the Adjutant General. The

24 adoption of emergency rules authorized by this subsection (w)

25 ~~(v)~~ is deemed to be necessary for the public interest, safety,

26 and welfare.

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1 (Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13;

2 98-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16;

3 99-143, eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff.

4 6-30-16; 99-642, eff. 7-28-16; 99-796, eff. 1-1-17; revised

5 9-21-16.)

6 (Text of Section after amendment by P.A. 99-906)

7 Sec. 5-45. Emergency rulemaking.

8 (a) "Emergency" means the existence of any situation that

9 any agency finds reasonably constitutes a threat to the public

10 interest, safety, or welfare.

11 (b) If any agency finds that an emergency exists that

12 requires adoption of a rule upon fewer days than is required by

13 Section 5-40 and states in writing its reasons for that

14 finding, the agency may adopt an emergency rule without prior

15 notice or hearing upon filing a notice of emergency rulemaking

16 with the Secretary of State under Section 5-70. The notice

17 shall include the text of the emergency rule and shall be

18 published in the Illinois Register. Consent orders or other

19 court orders adopting settlements negotiated by an agency may

20 be adopted under this Section. Subject to applicable

21 constitutional or statutory provisions, an emergency rule

22 becomes effective immediately upon filing under Section 5-65 or

23 at a stated date less than 10 days thereafter. The agency's

24 finding and a statement of the specific reasons for the finding

25 shall be filed with the rule. The agency shall take reasonable

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1 and appropriate measures to make emergency rules known to the

2 persons who may be affected by them.

3 (c) An emergency rule may be effective for a period of not

4 longer than 150 days, but the agency's authority to adopt an

5 identical rule under Section 5-40 is not precluded. No

6 emergency rule may be adopted more than once in any 24-month

7 period, except that this limitation on the number of emergency

8 rules that may be adopted in a 24-month period does not apply

9 to (i) emergency rules that make additions to and deletions

10 from the Drug Manual under Section 5-5.16 of the Illinois

11 Public Aid Code or the generic drug formulary under Section

12 3.14 of the Illinois Food, Drug and Cosmetic Act, (ii)

13 emergency rules adopted by the Pollution Control Board before

14 July 1, 1997 to implement portions of the Livestock Management

15 Facilities Act, (iii) emergency rules adopted by the Illinois

16 Department of Public Health under subsections (a) through (i)

17 of Section 2 of the Department of Public Health Act when

18 necessary to protect the public's health, (iv) emergency rules

19 adopted pursuant to subsection (n) of this Section, (v)

20 emergency rules adopted pursuant to subsection (o) of this

21 Section, or (vi) emergency rules adopted pursuant to subsection

22 (c-5) of this Section. Two or more emergency rules having

23 substantially the same purpose and effect shall be deemed to be

24 a single rule for purposes of this Section.

25 (c-5) To facilitate the maintenance of the program of group

26 health benefits provided to annuitants, survivors, and retired

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1 employees under the State Employees Group Insurance Act of

2 1971, rules to alter the contributions to be paid by the State,

3 annuitants, survivors, retired employees, or any combination

4 of those entities, for that program of group health benefits,

5 shall be adopted as emergency rules. The adoption of those

6 rules shall be considered an emergency and necessary for the

7 public interest, safety, and welfare.

8 (d) In order to provide for the expeditious and timely

9 implementation of the State's fiscal year 1999 budget,

10 emergency rules to implement any provision of Public Act 90-587

11 or 90-588 or any other budget initiative for fiscal year 1999

12 may be adopted in accordance with this Section by the agency

13 charged with administering that provision or initiative,

14 except that the 24-month limitation on the adoption of

15 emergency rules and the provisions of Sections 5-115 and 5-125

16 do not apply to rules adopted under this subsection (d). The

17 adoption of emergency rules authorized by this subsection (d)

18 shall be deemed to be necessary for the public interest,

19 safety, and welfare.

20 (e) In order to provide for the expeditious and timely

21 implementation of the State's fiscal year 2000 budget,

22 emergency rules to implement any provision of Public Act 91-24

23 or any other budget initiative for fiscal year 2000 may be

24 adopted in accordance with this Section by the agency charged

25 with administering that provision or initiative, except that

26 the 24-month limitation on the adoption of emergency rules and

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1 the provisions of Sections 5-115 and 5-125 do not apply to

2 rules adopted under this subsection (e). The adoption of

3 emergency rules authorized by this subsection (e) shall be

4 deemed to be necessary for the public interest, safety, and

5 welfare.

6 (f) In order to provide for the expeditious and timely

7 implementation of the State's fiscal year 2001 budget,

8 emergency rules to implement any provision of Public Act 91-712

9 or any other budget initiative for fiscal year 2001 may be

10 adopted in accordance with this Section by the agency charged

11 with administering that provision or initiative, except that

12 the 24-month limitation on the adoption of emergency rules and

13 the provisions of Sections 5-115 and 5-125 do not apply to

14 rules adopted under this subsection (f). The adoption of

15 emergency rules authorized by this subsection (f) shall be

16 deemed to be necessary for the public interest, safety, and

17 welfare.

18 (g) In order to provide for the expeditious and timely

19 implementation of the State's fiscal year 2002 budget,

20 emergency rules to implement any provision of Public Act 92-10

21 or any other budget initiative for fiscal year 2002 may be

22 adopted in accordance with this Section by the agency charged

23 with administering that provision or initiative, except that

24 the 24-month limitation on the adoption of emergency rules and

25 the provisions of Sections 5-115 and 5-125 do not apply to

26 rules adopted under this subsection (g). The adoption of

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1 emergency rules authorized by this subsection (g) shall be

2 deemed to be necessary for the public interest, safety, and

3 welfare.

4 (h) In order to provide for the expeditious and timely

5 implementation of the State's fiscal year 2003 budget,

6 emergency rules to implement any provision of Public Act 92-597

7 or any other budget initiative for fiscal year 2003 may be

8 adopted in accordance with this Section by the agency charged

9 with administering that provision or initiative, except that

10 the 24-month limitation on the adoption of emergency rules and

11 the provisions of Sections 5-115 and 5-125 do not apply to

12 rules adopted under this subsection (h). The adoption of

13 emergency rules authorized by this subsection (h) shall be

14 deemed to be necessary for the public interest, safety, and

15 welfare.

16 (i) In order to provide for the expeditious and timely

17 implementation of the State's fiscal year 2004 budget,

18 emergency rules to implement any provision of Public Act 93-20

19 or any other budget initiative for fiscal year 2004 may be

20 adopted in accordance with this Section by the agency charged

21 with administering that provision or initiative, except that

22 the 24-month limitation on the adoption of emergency rules and

23 the provisions of Sections 5-115 and 5-125 do not apply to

24 rules adopted under this subsection (i). The adoption of

25 emergency rules authorized by this subsection (i) shall be

26 deemed to be necessary for the public interest, safety, and

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1 welfare.

2 (j) In order to provide for the expeditious and timely

3 implementation of the provisions of the State's fiscal year

4 2005 budget as provided under the Fiscal Year 2005 Budget

5 Implementation (Human Services) Act, emergency rules to

6 implement any provision of the Fiscal Year 2005 Budget

7 Implementation (Human Services) Act may be adopted in

8 accordance with this Section by the agency charged with

9 administering that provision, except that the 24-month

10 limitation on the adoption of emergency rules and the

11 provisions of Sections 5-115 and 5-125 do not apply to rules

12 adopted under this subsection (j). The Department of Public Aid

13 may also adopt rules under this subsection (j) necessary to

14 administer the Illinois Public Aid Code and the Children's

15 Health Insurance Program Act. The adoption of emergency rules

16 authorized by this subsection (j) shall be deemed to be

17 necessary for the public interest, safety, and welfare.

18 (k) In order to provide for the expeditious and timely

19 implementation of the provisions of the State's fiscal year

20 2006 budget, emergency rules to implement any provision of

21 Public Act 94-48 or any other budget initiative for fiscal year

22 2006 may be adopted in accordance with this Section by the

23 agency charged with administering that provision or

24 initiative, except that the 24-month limitation on the adoption

25 of emergency rules and the provisions of Sections 5-115 and

26 5-125 do not apply to rules adopted under this subsection (k).

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1 The Department of Healthcare and Family Services may also adopt

2 rules under this subsection (k) necessary to administer the

3 Illinois Public Aid Code, the Senior Citizens and Persons with

4 Disabilities Property Tax Relief Act, the Senior Citizens and

5 Disabled Persons Prescription Drug Discount Program Act (now

6 the Illinois Prescription Drug Discount Program Act), and the

7 Children's Health Insurance Program Act. The adoption of

8 emergency rules authorized by this subsection (k) shall be

9 deemed to be necessary for the public interest, safety, and

10 welfare.

11 (l) In order to provide for the expeditious and timely

12 implementation of the provisions of the State's fiscal year

13 2007 budget, the Department of Healthcare and Family Services

14 may adopt emergency rules during fiscal year 2007, including

15 rules effective July 1, 2007, in accordance with this

16 subsection to the extent necessary to administer the

17 Department's responsibilities with respect to amendments to

18 the State plans and Illinois waivers approved by the federal

19 Centers for Medicare and Medicaid Services necessitated by the

20 requirements of Title XIX and Title XXI of the federal Social

21 Security Act. The adoption of emergency rules authorized by

22 this subsection (l) shall be deemed to be necessary for the

23 public interest, safety, and welfare.

24 (m) In order to provide for the expeditious and timely

25 implementation of the provisions of the State's fiscal year

26 2008 budget, the Department of Healthcare and Family Services

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1 may adopt emergency rules during fiscal year 2008, including

2 rules effective July 1, 2008, in accordance with this

3 subsection to the extent necessary to administer the

4 Department's responsibilities with respect to amendments to

5 the State plans and Illinois waivers approved by the federal

6 Centers for Medicare and Medicaid Services necessitated by the

7 requirements of Title XIX and Title XXI of the federal Social

8 Security Act. The adoption of emergency rules authorized by

9 this subsection (m) shall be deemed to be necessary for the

10 public interest, safety, and welfare.

11 (n) In order to provide for the expeditious and timely

12 implementation of the provisions of the State's fiscal year

13 2010 budget, emergency rules to implement any provision of

14 Public Act 96-45 or any other budget initiative authorized by

15 the 96th General Assembly for fiscal year 2010 may be adopted

16 in accordance with this Section by the agency charged with

17 administering that provision or initiative. The adoption of

18 emergency rules authorized by this subsection (n) shall be

19 deemed to be necessary for the public interest, safety, and

20 welfare. The rulemaking authority granted in this subsection

21 (n) shall apply only to rules promulgated during Fiscal Year

22 2010.

23 (o) In order to provide for the expeditious and timely

24 implementation of the provisions of the State's fiscal year

25 2011 budget, emergency rules to implement any provision of

26 Public Act 96-958 or any other budget initiative authorized by

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1 the 96th General Assembly for fiscal year 2011 may be adopted

2 in accordance with this Section by the agency charged with

3 administering that provision or initiative. The adoption of

4 emergency rules authorized by this subsection (o) is deemed to

5 be necessary for the public interest, safety, and welfare. The

6 rulemaking authority granted in this subsection (o) applies

7 only to rules promulgated on or after July 1, 2010 (the

8 effective date of Public Act 96-958) through June 30, 2011.

9 (p) In order to provide for the expeditious and timely

10 implementation of the provisions of Public Act 97-689,

11 emergency rules to implement any provision of Public Act 97-689

12 may be adopted in accordance with this subsection (p) by the

13 agency charged with administering that provision or

14 initiative. The 150-day limitation of the effective period of

15 emergency rules does not apply to rules adopted under this

16 subsection (p), and the effective period may continue through

17 June 30, 2013. The 24-month limitation on the adoption of

18 emergency rules does not apply to rules adopted under this

19 subsection (p). The adoption of emergency rules authorized by

20 this subsection (p) is deemed to be necessary for the public

21 interest, safety, and welfare.

22 (q) In order to provide for the expeditious and timely

23 implementation of the provisions of Articles 7, 8, 9, 11, and

24 12 of Public Act 98-104, emergency rules to implement any

25 provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104

26 may be adopted in accordance with this subsection (q) by the

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1 agency charged with administering that provision or

2 initiative. The 24-month limitation on the adoption of

3 emergency rules does not apply to rules adopted under this

4 subsection (q). The adoption of emergency rules authorized by

5 this subsection (q) is deemed to be necessary for the public

6 interest, safety, and welfare.

7 (r) In order to provide for the expeditious and timely

8 implementation of the provisions of Public Act 98-651,

9 emergency rules to implement Public Act 98-651 may be adopted

10 in accordance with this subsection (r) by the Department of

11 Healthcare and Family Services. The 24-month limitation on the

12 adoption of emergency rules does not apply to rules adopted

13 under this subsection (r). The adoption of emergency rules

14 authorized by this subsection (r) is deemed to be necessary for

15 the public interest, safety, and welfare.

16 (s) In order to provide for the expeditious and timely

17 implementation of the provisions of Sections 5-5b.1 and 5A-2 of

18 the Illinois Public Aid Code, emergency rules to implement any

19 provision of Section 5-5b.1 or Section 5A-2 of the Illinois

20 Public Aid Code may be adopted in accordance with this

21 subsection (s) by the Department of Healthcare and Family

22 Services. The rulemaking authority granted in this subsection

23 (s) shall apply only to those rules adopted prior to July 1,

24 2015. Notwithstanding any other provision of this Section, any

25 emergency rule adopted under this subsection (s) shall only

26 apply to payments made for State fiscal year 2015. The adoption

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1 of emergency rules authorized by this subsection (s) is deemed

2 to be necessary for the public interest, safety, and welfare.

3 (t) In order to provide for the expeditious and timely

4 implementation of the provisions of Article II of Public Act

5 99-6, emergency rules to implement the changes made by Article

6 II of Public Act 99-6 to the Emergency Telephone System Act may

7 be adopted in accordance with this subsection (t) by the

8 Department of State Police. The rulemaking authority granted in

9 this subsection (t) shall apply only to those rules adopted

10 prior to July 1, 2016. The 24-month limitation on the adoption

11 of emergency rules does not apply to rules adopted under this

12 subsection (t). The adoption of emergency rules authorized by

13 this subsection (t) is deemed to be necessary for the public

14 interest, safety, and welfare.

15 (u) In order to provide for the expeditious and timely

16 implementation of the provisions of the Burn Victims Relief

17 Act, emergency rules to implement any provision of the Act may

18 be adopted in accordance with this subsection (u) by the

19 Department of Insurance. The rulemaking authority granted in

20 this subsection (u) shall apply only to those rules adopted

21 prior to December 31, 2015. The adoption of emergency rules

22 authorized by this subsection (u) is deemed to be necessary for

23 the public interest, safety, and welfare.

24 (v) In order to provide for the expeditious and timely

25 implementation of the provisions of Public Act 99-516,

26 emergency rules to implement Public Act 99-516 may be adopted

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1 in accordance with this subsection (v) by the Department of

2 Healthcare and Family Services. The 24-month limitation on the

3 adoption of emergency rules does not apply to rules adopted

4 under this subsection (v). The adoption of emergency rules

5 authorized by this subsection (v) is deemed to be necessary for

6 the public interest, safety, and welfare.

7 (w) In order to provide for the expeditious and timely

8 implementation of the provisions of Public Act 99-796,

9 emergency rules to implement the changes made by Public Act

10 99-796 may be adopted in accordance with this subsection (w) by

11 the Adjutant General. The adoption of emergency rules

12 authorized by this subsection (w) is deemed to be necessary for

13 the public interest, safety, and welfare.

14 (x) In order to provide for the expeditious and timely

15 implementation of the provisions of Public Act 99-906 ~~this~~

16 ~~amendatory Act of the 99th General Assembly~~, emergency rules to

17 implement subsection (i) of Section 16-115D, subsection (g) of

18 Section 16-128A, and subsection (a) of Section 16-128B of the

19 Public Utilities Act may be adopted in accordance with this

20 subsection (x) by the Illinois Commerce Commission. The

21 rulemaking authority granted in this subsection (x) shall apply

22 only to those rules adopted within 180 days after June 1, 2017

23 (the effective date of Public Act 99-906) ~~this amendatory Act~~

24 ~~of the 99th General Assembly~~. The adoption of emergency rules

25 authorized by this subsection (x) is deemed to be necessary for

26 the public interest, safety, and welfare.

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1 (y) In order to provide for the expeditious and timely

2 implementation of the provisions of the Gun Dealer Licensing

3 Act, emergency rules to implement any provision of the Act may

4 be adopted in accordance with this subsection (y) by the

5 Department of Financial and Professional Regulation. The

6 rulemaking authority granted in this subsection (y) shall apply

7 only to those rules adopted no later than one year after the

8 effective date of this amendatory Act of the 100th General

9 Assembly. The adoption of emergency rules authorized by this

10 subsection (y) is deemed to be necessary for the public

11 interest, safety, and welfare.

12 (Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13;

13 98-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16;

14 99-143, eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff.

15 6-30-16; 99-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906,

16 eff. 6-1-17; revised 1-1-17.)

17 Section 995. No acceleration or delay. Where this Act makes

18 changes in a statute that is represented in this Act by text

19 that is not yet or no longer in effect (for example, a Section

20 represented by multiple versions), the use of that text does

21 not accelerate or delay the taking effect of (i) the changes

22 made by this Act or (ii) provisions derived from any other

23 Public Act.".