100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB4725

Introduced , by Rep. Kathleen Willis

SYNOPSIS AS INTRODUCED:

`100 SB1657eng, Sec. 35`
`100 SB1657eng, Sec. 70`
`100SB1657eng, Sec. 150`

Provides that if and only if Senate Bill 1657 of the 100th General

Assembly becomes
law in the form in which it passed the Senate on April 27,

2017, then the Gun Dealer Licensing Act is amended by providing that the requirement that a licensee who operates the business at a permanent physical location that is open to the public, that location shall be equipped with a video surveillance system sufficient to monitor the critical areas of the business premises, including, but not limited to, all places where firearms are stored, handled, sold, transferred, or carried does not take effect until January 1, 2021, provides that a video surveillance system of the licensee's business premises may not be installed in a bathroom and may not monitor the bathrooms located in the business premises, provides the expiration date and renewal period for each license shall be 5 years, and provides that an application fee or renewal fee for a dealership license or a dealer license shall not exceed $1,000 for the 5-year period. Effective upon Senate Bill 1657 of the 100th General Assembly becoming law.

LRB100 18812 RLC 34052 b

FISCAL NOTE ACT MAY APPLY

A BILL FOR

HB4725

LRB100 18812 RLC 34052 b

1 AN ACT concerning regulation.

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

3 represented in the General Assembly:

4 Section 5. If and only if Senate Bill 1657 of the 100th

5 General Assembly becomes law in the form in which it passed the

6 Senate on April 27, 2017, then the Gun Dealer Licensing Act is

7 amended by changing Sections 35, 70, and 150 as follows:

8 (100 SB1657eng, Sec. 35)

9 Sec. 35. Issuance of license; renewal; fees.

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

11 satisfactory completion of the requirements under this Act and

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

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

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

15 dealer and dealership licenses to all qualified applicants

16 whose business existed in that location on the effective date

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

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

19 2019. If an applicant submits an application for a license

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

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

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

23 an applicant who submits an application for a license or

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

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

3 the basis of continuing to operate the business.

4 (b) The expiration date and ~~,~~ renewal period for each

5 license shall be 5 years. The ~~, and~~ conditions for renewal and

6 restoration of each license shall be set by rule. The holder

7 may renew the license during the 90 days preceding its

8 expiration by paying the required fee and by meeting conditions

9 that the Department may specify. As a condition of renewal of a

10 dealer's license, the Department shall receive from the

11 applicant a copy of his or her valid and unexpired concealed

12 carry license, or shall verify the validity of the applicant's

13 Firearm Owner's Identification Card through the Department of

14 State Police in a manner prescribed by rule by the Department

15 of State Police. A dealership or dealer operating on an expired

16 license is considered to be practicing without a license.

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

18 have it restored by submitting an application to the

19 Department, successfully completing an inspection by the

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

21 lapsed renewal fees.

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

23 have it restored by submitting an application to the

24 Department, paying the required restoration fee and all lapsed

25 renewal fees and by providing evidence of competence to resume

26 practice satisfactory to the Department and the Board, which

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

2 unexpired concealed carry license, or verification of the

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

4 Identification Card through the Department of State Police in a

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

6 and may include passing a written examination.

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

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

9 the Army of the United States, the United States Navy, the

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

11 Militia called into the service or training of the United

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

13 supervision of the United States preliminary to induction into

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

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

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

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

18 furnishes the Department with an affidavit to the effect that

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

20 training or education has been so terminated.

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

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

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

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

25 with reasonable judgment, skill, or safety.

26 (Source: 100SB1657eng.)

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1 (100 SB1657eng, Sec. 70)

2 Sec. 70. Requirements; prohibitions.

3 (a) The Department of Financial and Professional

4 Regulation shall implement the provisions of this Section by

5 rule.

6 (b) A licensee shall maintain operating documents which

7 shall include procedures for the oversight of the licensee and

8 procedures to ensure accurate recordkeeping.

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

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

11 and prevent the theft of firearms and unauthorized entrance

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

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

14 is both open and closed for business;

15 (2) alarm systems for licensees; and

16 (3) other reasonable requirements to deter illegal

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

18 accidents at licensees' business establishments.

19 (d) Beginning January 1, 2021, if ~~If~~ a licensee operates

20 the business at a permanent physical location that is open to

21 the public, that location shall be equipped with a video

22 surveillance system sufficient to monitor the critical areas of

23 the business premises, including, but not limited to, all

24 places where firearms are stored, handled, sold, transferred,

25 or carried. A video surveillance system of the licensee's

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1 business premises may not be installed in a bathroom and may

2 not monitor the bathrooms located in the business premises. The

3 video surveillance system shall operate without interruption

4 whenever the licensee is open for business. Whenever the

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

6 triggered by a motion detector and begin recording immediately

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

8 stored images shall be maintained on the business premises of

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

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

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

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

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

14 or reproductions of the stored images shall leave the custody

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

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

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

18 not less than one inch in height:

19 "THESE PREMISES ARE UNDER VIDEO SURVEILLANCE. YOUR IMAGE

20 MAY BE RECORDED."

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

22 inventory of the licensee shall only be accessed by dealership

23 agents, Department of Financial and Professional Regulation

24 staff performing inspections, law enforcement or other

25 emergency personnel, and contractors working on jobs unrelated

26 to firearms, such as installing or maintaining security devices

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1 or performing electrical wiring.

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

3 sales and transfers of firearms in compliance with all federal

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

5 and State laws.

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

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

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

9 documentation detailing the record of sale.

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

11 premises where the licensee conducts business a sign that

12 contains the following warning in block letters not less than

13 one inch in height:

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

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

16 where a child can obtain access to it,

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

18 without receiving approval for the transfer from the

19 Department of State Police, or

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

21 firearm to local law enforcement within 72 hours."

22 A licensee shall post any additional warnings or provide

23 any other information regarding firearms laws and the safe

24 storage of firearms to consumers as required by the Department

25 by rule.

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

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1 dealership license, the Department shall inspect the premises

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

3 Licensees shall have their places of business open for

4 inspection by the Department and law enforcement during all

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

6 more than one unannounced inspection per dealer or dealership

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

8 documents, and firearms accessible for inspection upon the

9 request of law enforcement and the Department.

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

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

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

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

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

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

16 and enforce additional limits on the location of a business

17 regulated under this Act.

18 (Source: 100SB1657eng.)

19 (100SB1657eng, Sec. 150)

20 Sec. 150. Fees; deposit of fees and fines. The Department

21 shall by rule provide for fees for the administration and

22 enforcement of this Act, and those fees are nonrefundable. An

23 application fee or renewal fee for a dealership license or a

24 dealer license shall not exceed $1,000 for the 5-year period.

25 All of the fees, penalties, and fines collected under this Act

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1 shall be deposited into the General Professions Dedicated Fund

2 and shall be appropriated to the Department for the ordinary

3 and contingent expenses of the Department in the administration

4 and enforcement of this Act.

5 (Source: 100SB1657eng.)