101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5170
 
Introduced , by Rep. Jennifer Gong-Gershowitz
 
SYNOPSIS AS INTRODUCED:



    




215 ILCS 5/445 from Ch. 73, par. 1057
215 ILCS 5/445a
430 ILCS 65/4 from Ch. 38, par. 83-4
430 ILCS 65/8 from Ch. 38, par. 83-8

 Amends the Illinois Insurance Code. Prohibits surplus line insurance producers from procuring and domestic surplus line insurers from insuring the risk of legal fees, costs, or expenses related to an investigation, indictment, or prosecution of any criminal charge arising out of the use of a firearm. Amends the Firearm Owners Identification Card Act. Provides that an applicant for a Firearm Owner's Identification Card or for renewal of that Card must submit to the Illinois State Police that he or she has proof of liability insurance coverage of at least $1,000,000 for accidental injuries caused by a firearm. Provides that the Illinois State Police may require annual proof of the person's liability insurance coverage and may suspend a person's Firearm Owner's Identification Card for failure to maintain that coverage or for failure to provide the Illinois State Police with proof of that coverage. Provides that the proof of liability insurance coverage required under these provisions is required for both an initial application for a Firearm Owner's Identification Card and for renewal of that Card.



LRB101 18069 RLC 67507 b


FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 


HB5170LRB101 18069 RLC 67507 b



1 AN ACT concerning regulation.


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

3represented in the General Assembly:



4 Section 5. The Illinois Insurance Code is amended by 
5changing Sections 445 and 445a as follows:



6 (215 ILCS 5/445) (from Ch. 73, par. 1057)


7 Sec. 445. Surplus line. 

8 (1) Definitions. For the purposes of this Section:

9 "Affiliate" means, with respect to an insured, any entity 
10that controls, is controlled by, or is under common control 
11with the insured. For the purpose of this definition, an entity 
12has control over another entity if: 
13  (A) the entity directly or indirectly or acting through 
14 one or more other persons owns, controls, or has the power 
15 to vote 25% or more of any class of voting securities of 
16 the other entity; or
17  (B) the entity controls in any manner the election of a 
18 majority of the directors or trustees of the other entity.
19 "Affiliated group" means any group of entities that are all 
20affiliated. 
21 "Authorized insurer" means an insurer that holds a 
22certificate of
authority
issued by the Director but, for the 
23purposes of this Section, does not
include a
domestic surplus 
 
 
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1line insurer as defined in Section 445a or any
residual market

2mechanism.
3 "Exempt commercial purchaser" means any person purchasing 
4commercial insurance that, at the time of placement, meets the 
5following requirements:
6  (A) The person employs or retains a qualified risk 
7 manager to negotiate insurance coverage.
8  (B) The person has paid aggregate nationwide 
9 commercial property and casualty insurance premiums in 
10 excess of $100,000 in the immediately preceding 12 months.
11  (C) The person meets at least one of the following 
12 criteria:
13   (I) The person possesses a net worth in excess of 
14 $20,000,000, as such amount is adjusted pursuant to the 
15 provision in this definition concerning percentage 
16 change.
17   (II) The person generates annual revenues in 
18 excess of $50,000,000, as such amount is adjusted 
19 pursuant to the provision in this definition 
20 concerning percentage change.
21   (III) The person employs more than 500 full-time or 
22 full-time equivalent employees per individual insured 
23 or is a member of an affiliated group employing more 
24 than 1,000 employees in the aggregate.
25   (IV) The person is a not-for-profit organization 
26 or public entity generating annual budgeted 
 
 
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1 expenditures of at least $30,000,000, as such amount is 
2 adjusted pursuant to the provision in this definition 
3 concerning percentage change.
4   (V) The person is a municipality with a population 
5 in excess of 50,000 persons. 
6 Effective on January 1, 2015 and each fifth January 1 
7occurring thereafter, the amounts in subitems (I), (II), and 
8(IV) of item (C) of this definition shall be adjusted to 
9reflect the percentage change for such 5-year period in the 
10Consumer Price Index for All Urban Consumers published by the 
11Bureau of Labor Statistics of the Department of Labor. 
12 "Home state" means the following: 
13  (A) With respect to an insured, except as provided in 
14 item (B) of this definition:
15   (I) the state in which an insured maintains its 
16 principal place of business or, in the case of an 
17 individual, the individual's principal residence; or
18   (II) if 100% of the insured risk is located out of 
19 the state referred to in subitem (I), the state to 
20 which the greatest percentage of the insured's taxable 
21 premium for that insurance contract is allocated. 
22  (B) If more than one insured from an affiliated group 
23 are named insureds on a single surplus line insurance 
24 contract, then "home state" means the home state, as 
25 determined pursuant to item (A) of this definition, of the 
26 member of the affiliated group that has the largest 
 
 
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1 percentage of premium attributed to it under such insurance 
2 contract.
3  If more than one insured from a group that is not 
4 affiliated are named insureds on a single surplus line 
5 insurance contract, then:
6   (I) if individual group members pay 100% of the 
7 premium for the insurance from their own funds, "home 
8 state" means the home state, as determined pursuant to 
9 item (A) of this definition, of each individual group 
10 member; each individual group member's coverage under 
11 the surplus line insurance contract shall be treated as 
12 a separate surplus line contract for the purposes of 
13 this Section;
14   (II) otherwise, "home state" means the home state, 
15 as determined pursuant to item (A) of this definition, 
16 of the group. 
17 Nothing in this definition shall be construed to alter the 
18terms of the surplus line insurance contract. 
19 "Multi-State risk" means a risk with insured exposures in 
20more than one State.
21 "NAIC" means the National Association of Insurance 
22Commissioners or any successor entity.
23 "Qualified risk manager" means, with respect to a 
24policyholder of commercial insurance, a person who meets all of 
25the following requirements:
26  (A) The person is an employee of, or third-party 
 
 
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1 consultant retained by, the commercial policyholder.
2  (B) The person provides skilled services in loss 
3 prevention, loss reduction, or risk and insurance coverage 
4 analysis, and purchase of insurance.
5  (C) With regard to the person:
6   (I) the person has: 
7    (a) a bachelor's degree or higher from an 
8 accredited college or university in risk 
9 management, business administration, finance, 
10 economics, or any other field determined by the 
11 Director or his designee to demonstrate minimum 
12 competence in risk management; and
13    (b) the following:
14     (i) three years of experience in risk 
15 financing, claims administration, loss 
16 prevention, risk and insurance analysis, or 
17 purchasing commercial lines of insurance; or
18     (ii) alternatively has: 
19      (AA) a designation as a Chartered 
20 Property and Casualty Underwriter (in this 
21 subparagraph (ii) referred to as "CPCU") 
22 issued by the American Institute for 
23 CPCU/Insurance Institute of America;
24      (BB) a designation as an Associate in 
25 Risk Management (ARM) issued by the 
26 American Institute for CPCU/Insurance 
 
 
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1 Institute of America;
2      (CC) a designation as Certified Risk 
3 Manager (CRM) issued by the National 
4 Alliance for Insurance Education & 
5 Research;
6      (DD) a designation as a RIMS Fellow 
7 (RF) issued by the Global Risk Management 
8 Institute; or
9      (EE) any other designation, 
10 certification, or license determined by 
11 the Director or his designee to 
12 demonstrate minimum competency in risk 
13 management;
14   (II) the person has:
15    (a) at least 7 years of experience in risk 
16 financing, claims administration, loss prevention, 
17 risk and insurance coverage analysis, or 
18 purchasing commercial lines of insurance; and
19    (b) has any one of the designations specified 
20 in subparagraph (ii) of paragraph (b);
21   (III) the person has at least 10 years of 
22 experience in risk financing, claims administration, 
23 loss prevention, risk and insurance coverage analysis, 
24 or purchasing commercial lines of insurance; or
25   (IV) the person has a graduate degree from an 
26 accredited college or university in risk management, 
 
 
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1 business administration, finance, economics, or any 
2 other field determined by the Director or his or her 
3 designee to demonstrate minimum competence in risk 
4 management. 
5 "Residual market mechanism" means an association, 
6organization, or other
entity described in Article XXXIII of 
7this Code or Section 7-501 of the
Illinois Vehicle Code or any 
8similar association, organization, or other
entity.
9 "State" means any state of the United States, the District 
10of Columbia, the Commonwealth of Puerto Rico, Guam, the 
11Northern Mariana Islands, the Virgin Islands, and American 
12Samoa.
13 "Surplus line insurance" means insurance on a risk:
14  (A) of the kinds specified in Classes 2 and 3 of 
15 Section 4 of this Code; and
16  (B) that is procured from an unauthorized insurer after 
17 the insurance producer representing the insured or the 
18 surplus line producer is unable, after diligent effort, to 
19 procure the insurance from authorized insurers; and
20  (C) where Illinois is the home state of the insured, 
21 for policies effective, renewed or extended on July 21, 
22 2011 or later and for multiyear policies upon the policy 
23 anniversary that falls on or after July 21, 2011; and
24  (D) that is located in Illinois, for policies effective 
25 prior to July 21, 2011. 
26 "Unauthorized insurer" means an insurer that does not hold 
 
 
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1a valid
certificate of authority issued by the Director but, 
2for the purposes of this
Section, shall also include a domestic 
3surplus line insurer as defined in
Section 445a.

4 (1.5) Procuring surplus line insurance; surplus line 
5insurer requirements. 
6  (a) Insurance producers may procure surplus line 
7 insurance only if licensed
as a surplus line producer under 
8 this Section.
9  (b) Licensed surplus line producers may procure 
10 surplus line
insurance from an unauthorized insurer 
11 domiciled in the United States only if the insurer:

12   (i) is permitted in its domiciliary jurisdiction 
13 to write the type of insurance involved; and 
14  
 (ii) has, based upon information available to the 
15 surplus
line producer,
a policyholders surplus of not 
16 less than $15,000,000
determined in
accordance with 
17 the laws of its domiciliary jurisdiction;
and

18  
 (iii) has standards of solvency and management 
19 that are adequate
for the protection of policyholders.

20 
 Where an unauthorized insurer does not meet the

21 standards set forth
in (ii) and (iii) above, a surplus line 
22 producer may, if necessary, procure
insurance from that 
23 insurer only if prior written warning of
such fact or

24 condition is given to the insured by the insurance producer 
25 or surplus line
producer.

26  (c) Licensed surplus line producers may procure 
 
 
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1 surplus line insurance from an unauthorized insurer 
2 domiciled outside of the United States only if the insurer 
3 meets the standards for unauthorized insurers domiciled in 
4 the United States in paragraph (b) of this subsection (1.5) 
5 or is listed on the Quarterly Listing of Alien Insurers 
6 maintained by the International Insurers Department of the 
7 NAIC. The Director shall make the Quarterly Listing of 
8 Alien Insurers available to surplus line producers without 
9 charge. 
10  (d) Insurance producers shall not procure from an

11 unauthorized insurer an insurance policy:
12   (i) that is designed to satisfy the
proof of 
13 financial responsibility and insurance requirements in 
14 any
Illinois law where the law requires that the proof 
15 of
insurance is issued by an authorized insurer or 
16 residual market
mechanism;
17   (ii) that covers the risk of accidental injury to 
18 employees arising
out of and in the course of 
19 employment according to the provisions of the
Workers' 
20 Compensation Act; or
21   (iii) that insures any Illinois personal lines 
22 risk, as defined in
subsection (a), (b), or (c) of 
23 Section 143.13 of this Code, that is eligible
for 
24 residual market mechanism coverage, unless the insured 
25 or prospective
insured requests limits of liability 
26 greater than the limits provided by the
residual market 
 
 
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1 mechanism. In the course of making a diligent effort to

2 procure insurance from authorized insurers, an 
3 insurance producer shall not be
required to submit a 
4 risk to a residual market mechanism when the risk is 
5 not
eligible for coverage or exceeds the limits 
6 available in the residual market
mechanism; or .
7   (iv) that insures the risk of legal fees, costs, or 
8 expenses related to an investigation, indictment, or 
9 prosecution of any criminal charge arising out of the 
10 use of a firearm. 
11  Where there is an insurance policy issued by an

12 authorized insurer or residual market mechanism
insuring a 
13 risk described in item (i), (ii), or (iii), or (iv) of this 
14 subsection
above, nothing in this paragraph shall be 
15 construed
to prohibit a surplus line producer from 
16 procuring
from an unauthorized insurer a policy insuring 
17 the
risk on an excess or umbrella basis where the excess
or 
18 umbrella policy is written over one or more
underlying 
19 policies.

20  (e) Licensed surplus line producers may procure 
21 surplus line insurance from an unauthorized insurer for an 
22 exempt commercial purchaser without making the required 
23 diligent effort to procure the insurance from authorized 
24 insurers if:
25   (i) the producer has disclosed to the exempt 
26 commercial purchaser that such insurance may or may not 
 
 
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1 be available from authorized insurers that may provide 
2 greater protection with more regulatory oversight; and
3   (ii) the exempt commercial purchaser has 
4 subsequently in writing requested the producer to 
5 procure such insurance from an unauthorized insurer. 
6 (2) Surplus line producer; license. Any licensed producer 
7who is a
resident of this State, or any nonresident who 
8qualifies under Section
500-40, may be licensed as a surplus 
9line producer upon payment of an annual license fee of $400.

10 A surplus line producer so licensed shall keep a separate

11account of
the business transacted thereunder for 7 years from 
12the policy effective date which shall be open at all times to 
13the
inspection of the Director or his representative.

14 No later than July 21, 2012, the State of Illinois shall 
15participate in the national insurance producer database of the 
16NAIC, or any other equivalent uniform national database, for 
17the licensure of surplus line producers and the renewal of such 
18licenses. 

19 (3) Taxes and reports.

20  (a) Surplus line tax and penalty for late payment. The 
21 surplus line tax rate for a surplus line insurance policy 
22 or contract is determined as follows:
23   (i) 3% for policies or contracts with an effective 
24 date prior to July 1, 2003;
25   (ii) 3.5% for policies or contracts with an 
26 effective date of July 1, 2003 or later. 
 
 
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1  A surplus line producer shall file with the Director on 
2 or
before
February 1 and August 1 of each year a report in 
3 the form prescribed by the
Director on all surplus line 
4 insurance procured from unauthorized insurers and 
5 submitted to the Surplus Line Association of Illinois

6 during the preceding
6 month period ending December 31 or 
7 June 30
respectively, and on the filing of such report 
8 shall pay to the Director
for the use and benefit of the 
9 State a sum equal to the surplus line tax rate multiplied 
10 by the
gross
premiums less returned premiums upon all 
11 surplus line insurance submitted to the Surplus Line 
12 Association of Illinois during the preceding 6 months.

13  Any surplus line producer who fails to pay the full 
14 amount due under this
subsection is liable, in addition to 
15 the amount due, for such late fee,
penalty, and interest 
16 charges as are provided for under Section 412 of
this Code. 
17 The Director, through the
Attorney General, may
institute 
18 an action in the name of the People of the State of 
19 Illinois, in
any court of competent jurisdiction, for the 
20 recovery of the amount of such
taxes, late fees, interest, 
21 and penalties due, and prosecute the same to final 
22 judgment, and take
such steps as are necessary to collect 
23 the same.

24  (b) Fire Marshal Tax.
Each surplus line producer shall 
25 file with the Director on or before
March 31 of each year a 
26 report in the form prescribed by the Director on all
fire 
 
 
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1 insurance procured from unauthorized insurers and 
2 submitted to the Surplus Line Association of Illinois 
3 subject to tax under
Section 12 of the Fire Investigation

4 Act
and shall pay to the Director the fire marshal tax 
5 required thereunder.

6  (c) Taxes and fees charged to insured. The taxes 
7 imposed under this
subsection and the countersigning fees 
8 charged by the Surplus Line
Association of Illinois may be 
9 charged to and collected from surplus line
insureds.

10 (4) (Blank).

11 (5) Submission of documents to Surplus Line Association of 
12Illinois.
A surplus line producer shall submit every insurance 
13contract
issued
under his or her license to the Surplus Line 
14Association of Illinois for
recording and countersignature. 
15The submission and countersignature may be
effected through 
16electronic means. The submission shall set
forth:

17  (a) the name of the insured;

18  (b) the description and location of the insured 
19 property or
risk;

20  (c) the amount insured;

21  (d) the gross premiums charged or returned;

22  (e) the name of the unauthorized insurer from whom 
23 coverage has been procured;

24  (f) the kind or kinds of insurance procured; and

25  (g) amount of premium subject to tax required by 
26 Section 12 of the Fire
Investigation Act.


 
 
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1 Proposals, endorsements, and other documents which are

2incidental to the insurance but which do not affect the premium

3charged
are exempted from filing and countersignature.


4 The submission of insuring contracts
to the Surplus Line 
5Association of
Illinois constitutes a certification by the 
6surplus line producer or by the
insurance producer who 
7presented the risk to the surplus line producer for
placement 
8as a surplus line risk that
after diligent effort the required 
9insurance could not be procured from
authorized insurers and 
10that
such procurement was otherwise in accordance with the 
11surplus line law.

12 (6) Countersignature required. It shall be unlawful for an 
13insurance
producer to deliver any unauthorized insurer

14contract unless such
insurance contract is countersigned by the 
15Surplus Line Association of
Illinois.

16 (7) Inspection of records. A surplus line producer shall

17maintain
separate records of the business transacted under his 
18or her license for 7 years from the policy effective date,

19including complete copies of surplus line insurance contracts 
20maintained on
paper or by electronic means, which
records shall 
21be open at all times for inspection by the Director and by
the 
22Surplus Line Association of Illinois.

23 (8) Violations and penalties. The Director may suspend or 
24revoke or
refuse to renew a surplus line producer license for 
25any violation of this Code.
In addition to or in lieu of 
26suspension or revocation, the Director may
subject a surplus 
 
 
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1line producer
to a civil penalty of up to $2,000 for each cause 
2for suspension
or
revocation. Such penalty is enforceable under 
3subsection (5) of Section
403A of this Code.

4 (9) Director may declare insurer ineligible. If the

5Director determines
that the further assumption of risks might 
6be hazardous to the
policyholders of an unauthorized insurer, 
7the Director may
order the
Surplus Line Association of
Illinois 
8not to countersign insurance contracts evidencing insurance in

9such insurer and order surplus line producers to cease

10procuring insurance
from such insurer.

11 (10) Service of process upon Director. Insurance contracts

12delivered under this Section from unauthorized insurers, other 
13than domestic
surplus line insurers as defined in Section 445a,

14shall contain a
provision designating the
Director and his 
15successors in office the true and lawful attorney of the

16insurer upon whom may be served all lawful process in any

17action, suit or
proceeding arising out of such insurance.

18Service of process made upon the Director to be valid hereunder 
19must state
the name of the insured, the name of the 
20unauthorized insurer
and identify
the contract of insurance. 
21The Director at his option is authorized to
forward a copy of 
22the process to the Surplus Line Association of Illinois
for 
23delivery to the unauthorized insurer or the Director may 
24deliver the process to the
unauthorized insurer by other means 
25which he considers to be
reasonably
prompt and certain.

26 (10.5) Insurance contracts delivered under this Section 
 
 
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1from unauthorized insurers, other than domestic surplus line 
2insurers as defined in Section 445a, shall have stamped or 
3imprinted on the first page thereof in not less than 12-pt. 
4bold face type the following legend: "Notice to Policyholder: 
5This contract is issued, pursuant to Section 445 of the 
6Illinois Insurance Code, by a company not authorized and 
7licensed to transact business in Illinois and as such is not 
8covered by the Illinois Insurance Guaranty Fund." Insurance 
9contracts delivered under this Section from domestic surplus 
10line insurers as defined in Section 445a shall have stamped or 
11imprinted on the first page thereof in not less than 12-pt. 
12bold face type the following legend: "Notice to Policyholder: 
13This contract is issued by a domestic surplus line insurer, as 
14defined in Section 445a of the Illinois Insurance Code, 
15pursuant to Section 445, and as such is not covered by the 
16Illinois Insurance Guaranty Fund."

17 (11) The Illinois Surplus Line law does not apply to 
18insurance of
property and operations of railroads or aircraft 
19engaged in interstate or
foreign commerce, insurance of 
20vessels, crafts or hulls, cargoes, marine
builder's risks, 
21marine protection and indemnity, or other risks including

22strikes and war risks insured under ocean or wet marine forms 
23of policies.

24 (12) Surplus line insurance procured under this Section, 
25including
insurance procured from a domestic surplus line 
26insurer, is not subject
to the provisions of the Illinois 
 
 
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1Insurance Code other than Sections 123,
123.1, 401, 401.1, 402, 
2403, 403A, 408, 412, 445, 445.1, 445.2, 445.3,
445.4, and all 
3of the provisions of Article XXXI to the extent that the

4provisions of Article XXXI are not inconsistent with the terms 
5of this Act.

6(Source: P.A. 97-955, eff. 8-14-12; 98-978, eff. 1-1-15.)





7 (215 ILCS 5/445a)



8 Sec. 445a. Domestic surplus line insurer. 

9 (a) A domestic insurer possessing
policyholder surplus of 
10at least $15,000,000 may pursuant to a resolution by
its board 
11of directors, and with the written approval of the Director, be

12designated as a "domestic surplus line insurer".

13 (b) A domestic surplus line insurer may insure in this 
14State an
Illinois risk only if procured from a surplus line 
15producer pursuant to Section 445 of
this Code.

16 (c) A domestic surplus line insurer must agree not to issue 
17a policy
designed to satisfy the financial responsibility 
18requirements of the Illinois
Vehicle Code, the Workers' 
19Compensation Act, or the Workers' Occupational
Diseases Act. A 
20domestic surplus line insurer is not subject to the provisions

21of Articles XXXIII, XXXIII 1/2, XXXIV, XXXVIIIA, Section 468, 
22or Section
478.1 of this Code.

23 (c-1) A domestic surplus line insurer may not insure the 
24risk of legal fees, costs, or expenses related to the 
25investigation, indictment, or prosecution of any criminal 
 
 
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1charge arising out of the use of a firearm. 
2 (d) For the purposes of the federal Nonadmitted and 
3Reinsurance Reform Act of 2010 (15 USC 8201 et seq.), a 
4domestic surplus line insurer shall be considered a nonadmitted 
5insurer, as the term is defined in the Act, with respect to 
6risks insured in this State. 
7(Source: P.A. 97-955, eff. 8-14-12.)



8 Section 10. The Firearm Owners Identification Card Act is 
9amended by changing Sections 4 and 8 as follows:



10 (430 ILCS 65/4) (from Ch. 38, par. 83-4)


11 Sec. 4. Application for Firearm Owner's Identification 
12Cards. 
13 (a) Each applicant for a Firearm Owner's Identification 
14Card must: 

15  (1) Make application on blank forms prepared and 
16 furnished at convenient
locations throughout the State by 
17 the Department of State Police, or by
electronic means, if 
18 and when made available by the Department of State
Police; 
19 and

20  (2) Submit evidence to the Department of State Police 
21 that:

22   (i) This subparagraph (i) applies through the 
23 180th day following the effective date of this 
24 amendatory Act of the 101st General Assembly. He or she 
 
 
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1 is 21 years of age or over, or if he or she is under 21

2 years of age that he or she has the written consent of 
3 his or her parent or
legal guardian to possess and 
4 acquire firearms and firearm ammunition and that
he or 
5 she has never been convicted of a misdemeanor other 
6 than a traffic
offense or adjudged
delinquent, 
7 provided, however, that such parent or legal guardian 
8 is not an
individual prohibited from having a Firearm 
9 Owner's Identification Card and
files an affidavit 
10 with the Department as prescribed by the Department

11 stating that he or she is not an individual prohibited 
12 from having a Card;
13   (i-5) This subparagraph (i-5) applies on and after 
14 the 181st day following the effective date of this 
15 amendatory Act of the 101st General Assembly. He or she 
16 is 21 years of age or over, or if he or she is under 21

17 years of age that he or she has never been convicted of 
18 a misdemeanor other than a traffic offense or adjudged 
19 delinquent and is an active duty member of the United 
20 States Armed Forces or has the written consent of his 
21 or her parent or
legal guardian to possess and acquire 
22 firearms and firearm ammunition, provided, however, 
23 that such parent or legal guardian is not an
individual 
24 prohibited from having a Firearm Owner's 
25 Identification Card and
files an affidavit with the 
26 Department as prescribed by the Department
stating 
 
 
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1 that he or she is not an individual prohibited from 
2 having a Card or the active duty member of the United 
3 States Armed Forces under 21 years of age annually 
4 submits proof to the Department of State Police, in a 
5 manner prescribed by the Department; 

6   (ii) He or she has not been convicted of a felony 
7 under the laws of
this or any other jurisdiction;

8   (iii) He or she is not addicted to narcotics;

9   (iv) He or she has not been a patient in a mental 
10 health facility within
the past 5 years or, if he or 
11 she has been a patient in a mental health facility more 
12 than 5 years ago submit the certification required 
13 under subsection (u) of Section 8 of this Act;

14   (v) He or she is not a person with an intellectual 
15 disability;

16   (vi) He or she is not an alien who is unlawfully 
17 present in the
United States under the laws of the 
18 United States;

19   (vii) He or she is not subject to an existing order 
20 of protection
prohibiting him or her from possessing a 
21 firearm;

22   (viii) He or she has not been convicted within the 
23 past 5 years of
battery, assault, aggravated assault, 
24 violation of an order of
protection, or a substantially 
25 similar offense in another jurisdiction, in
which a 
26 firearm was used or possessed;

 
 
HB5170- 21 -LRB101 18069 RLC 67507 b


1   (ix) He or she has not been convicted of domestic 
2 battery, aggravated domestic battery, or a

3 substantially similar offense in another
jurisdiction 
4 committed before, on or after January 1, 2012 (the 
5 effective date of Public Act 97-158). If the applicant 
6 knowingly and intelligently waives the right to have an 
7 offense described in this clause (ix) tried by a jury, 
8 and by guilty plea or otherwise, results in a 
9 conviction for an offense in which a domestic 
10 relationship is not a required element of the offense 
11 but in which a determination of the applicability of 18 
12 U.S.C. 922(g)(9) is made under Section 112A-11.1 of the 
13 Code of Criminal Procedure of 1963, an entry by the 
14 court of a judgment of conviction for that offense 
15 shall be grounds for denying the issuance of a Firearm 
16 Owner's Identification Card under this Section;

17   (x) (Blank);

18   (xi) He or she is not an alien who has been 
19 admitted to the United
States under a non-immigrant 
20 visa (as that term is defined in Section
101(a)(26) of 
21 the Immigration and Nationality Act (8 U.S.C. 
22 1101(a)(26))),
or that he or she is an alien who has 
23 been lawfully admitted to the United
States under a 
24 non-immigrant visa if that alien is:

25    (1) admitted to the United States for lawful 
26 hunting or sporting
purposes;

 
 
HB5170- 22 -LRB101 18069 RLC 67507 b


1    (2) an official representative of a foreign 
2 government who is:

3     (A) accredited to the United States 
4 Government or the Government's
mission to an 
5 international organization having its 
6 headquarters in the United
States; or

7     (B) en route to or from another country to 
8 which that alien is
accredited;

9    (3) an official of a foreign government or 
10 distinguished foreign
visitor who has been so 
11 designated by the Department of State;

12    (4) a foreign law enforcement officer of a 
13 friendly foreign
government entering the United 
14 States on official business; or

15    (5) one who has received a waiver from the 
16 Attorney General of the
United States pursuant to 
17 18 U.S.C. 922(y)(3);

18   (xii) He or she is not a minor subject to a 
19 petition filed
under Section 5-520 of the Juvenile 
20 Court Act of 1987 alleging that the
minor is a 
21 delinquent minor for the commission of an offense that 
22 if
committed by an adult would be a felony;

23   (xiii) He or she is not an adult who had been 
24 adjudicated a delinquent
minor under the Juvenile 
25 Court Act of 1987 for the commission of an offense
that 
26 if committed by an adult would be a felony;

 
 
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1   (xiv) He or she is a resident of the State of 
2 Illinois; 
3   (xv) He or she has not been adjudicated as a person 
4 with a mental disability; 
5   (xvi) He or she has not been involuntarily admitted 
6 into a mental health facility; and 
7   (xvii) He or she is not a person with a 
8 developmental disability; and
9   (xviii) He or she has proof of liability insurance 
10 coverage of at least $1,000,000 for accidental 
11 injuries caused by a firearm; and 
12  (3) Upon request by the Department of State Police, 
13 sign a release on a
form prescribed by the Department of 
14 State Police waiving any right to
confidentiality and 
15 requesting the disclosure to the Department of State Police

16 of limited mental health institution admission information 
17 from another state,
the District of Columbia, any other 
18 territory of the United States, or a
foreign nation 
19 concerning the applicant for the sole purpose of 
20 determining
whether the applicant is or was a patient in a 
21 mental health institution and
disqualified because of that 
22 status from receiving a Firearm Owner's
Identification 
23 Card. No mental health care or treatment records may be

24 requested. The information received shall be destroyed 
25 within one year of
receipt.

26 (a-5) Each applicant for a Firearm Owner's Identification 
 
 
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1Card who is over
the age of 18 shall furnish to the Department 
2of State Police either his or
her Illinois driver's license 
3number or Illinois Identification Card number, except as

4provided in subsection (a-10).

5 (a-10) Each applicant for a Firearm Owner's Identification 
6Card,
who is employed as a law enforcement officer, an armed 
7security officer in Illinois, or by the United States Military

8permanently assigned in Illinois and who is not an Illinois 
9resident, shall furnish to
the Department of State Police his 
10or her driver's license number or state
identification card 
11number from his or her state of residence. The Department
of 
12State Police may adopt rules to enforce the provisions of this

13subsection (a-10).

14 (a-15) If an applicant applying for a Firearm Owner's 
15Identification Card moves from the residence address named in 
16the application, he or she shall immediately notify in a form 
17and manner prescribed by the Department of State Police of that 
18change of address.
19 (a-20) Each applicant for a Firearm Owner's Identification 
20Card shall furnish to the Department of State Police his or her 
21photograph. An applicant who is 21 years of age or older 
22seeking a religious exemption to the photograph requirement 
23must furnish with the application an approved copy of United 
24States Department of the Treasury Internal Revenue Service Form 
254029. In lieu of a photograph, an applicant regardless of age 
26seeking a religious exemption to the photograph requirement 
 
 
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1shall submit fingerprints on a form and manner prescribed by 
2the Department with his or her application. 
3 (b) Each application form shall include the following 
4statement printed in
bold type: "Warning: Entering false 
5information on an application for a Firearm
Owner's 
6Identification Card is punishable as a Class 2 felony in 
7accordance
with subsection (d-5) of Section 14 of the Firearm 
8Owners Identification Card
Act.".

9 (c) Upon such written consent, pursuant to Section 4, 
10paragraph (a)(2)(i),
the parent or legal guardian giving the 
11consent shall be liable for any
damages resulting from the 
12applicant's use of firearms or firearm ammunition.

13(Source: P.A. 101-80, eff. 7-12-19.)




14 (430 ILCS 65/8) (from Ch. 38, par. 83-8)

15 Sec. 8. Grounds for denial, suspension, and revocation. The 
16Department of State Police has authority to deny an
application 
17for or to revoke and seize a Firearm Owner's Identification

18Card previously issued under this Act only if the Department 
19finds that the
applicant or the person to whom such card was 
20issued is or was at the time
of issuance:

21  (a) A person under 21 years of age who has been 
22 convicted of a
misdemeanor other than a traffic offense or 
23 adjudged delinquent;

24  (b) This subsection (b) applies through the 180th day 
25 following the effective date of this amendatory Act of the 
 
 
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1 101st General Assembly. A person under 21 years of age who 
2 does not have the written consent
of his parent or guardian 
3 to acquire and possess firearms and firearm
ammunition, or 
4 whose parent or guardian has revoked such written consent,

5 or where such parent or guardian does not qualify to have a 
6 Firearm Owner's
Identification Card;
7  (b-5) This subsection (b-5) applies on and after the 
8 181st day following the effective date of this amendatory 
9 Act of the 101st General Assembly. A person under 21 years 
10 of age who is not an active duty member of the United 
11 States Armed Forces and does not have the written consent

12 of his or her parent or guardian to acquire and possess 
13 firearms and firearm
ammunition, or whose parent or 
14 guardian has revoked such written consent,
or where such 
15 parent or guardian does not qualify to have a Firearm 
16 Owner's
Identification Card; 

17  (c) A person convicted of a felony under the laws of 
18 this or any other
jurisdiction;

19  (d) A person addicted to narcotics;

20  (e) A person who has been a patient of a mental health 
21 facility within the
past 5 years or a person who has been a 
22 patient in a mental health facility more than 5 years ago 
23 who has not received the certification required under 
24 subsection (u) of this Section. An active law enforcement 
25 officer employed by a unit of government who is denied, 
26 revoked, or has his or her Firearm Owner's Identification 
 
 
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1 Card seized under this subsection (e) may obtain relief as 
2 described in subsection (c-5) of Section 10 of this Act if 
3 the officer did not act in a manner threatening to the 
4 officer, another person, or the public as determined by the 
5 treating clinical psychologist or physician, and the 
6 officer seeks mental health treatment;

7  (f) A person whose mental condition is of such a nature 
8 that it poses
a clear and present danger to the applicant, 
9 any other person or persons or
the community;

10  (g) A person who has an intellectual disability;

11  (h) A person who intentionally makes a false statement 
12 in the Firearm
Owner's Identification Card application;

13  (i) An alien who is unlawfully present in
the United 
14 States under the laws of the United States;

15  (i-5) An alien who has been admitted to the United 
16 States under a
non-immigrant visa (as that term is defined 
17 in Section 101(a)(26) of the
Immigration and Nationality 
18 Act (8 U.S.C. 1101(a)(26))), except that this
subsection 
19 (i-5) does not apply to any alien who has been lawfully 
20 admitted to
the United States under a non-immigrant visa if 
21 that alien is:

22   (1) admitted to the United States for lawful 
23 hunting or sporting purposes;

24   (2) an official representative of a foreign 
25 government who is:

26    (A) accredited to the United States Government 
 
 
HB5170- 28 -LRB101 18069 RLC 67507 b


1 or the Government's
mission to an international 
2 organization having its headquarters in the United

3 States; or

4    (B) en route to or from another country to 
5 which that alien is
accredited;

6   (3) an official of a foreign government or 
7 distinguished foreign visitor
who has been so 
8 designated by the Department of State;

9   (4) a foreign law enforcement officer of a friendly 
10 foreign government
entering the United States on 
11 official business; or

12   (5) one who has received a waiver from the Attorney 
13 General of the United
States pursuant to 18 U.S.C. 
14 922(y)(3);

15  (j) (Blank);

16  (k) A person who has been convicted within the past 5 
17 years of battery,
assault, aggravated assault, violation 
18 of an order of protection, or a
substantially similar 
19 offense in another jurisdiction, in which a firearm was

20 used or possessed;

21  (l) A person who has been convicted of domestic 
22 battery, aggravated domestic battery, or a substantially

23 similar offense in another jurisdiction committed before, 
24 on or after January 1, 2012 (the effective date of Public 
25 Act 97-158). If the applicant or person who has been 
26 previously issued a Firearm Owner's Identification Card 
 
 
HB5170- 29 -LRB101 18069 RLC 67507 b


1 under this Act knowingly and intelligently waives the right 
2 to have an offense described in this paragraph (l) tried by 
3 a jury, and by guilty plea or otherwise, results in a 
4 conviction for an offense in which a domestic relationship 
5 is not a required element of the offense but in which a 
6 determination of the applicability of 18 U.S.C. 922(g)(9) 
7 is made under Section 112A-11.1 of the Code of Criminal 
8 Procedure of 1963, an entry by the court of a judgment of 
9 conviction for that offense shall be grounds for denying an 
10 application for and for revoking and seizing a Firearm 
11 Owner's Identification Card previously issued to the 
12 person under this Act;

13  (m) (Blank);

14  (n) A person who is prohibited from acquiring or 
15 possessing
firearms or firearm ammunition by any Illinois 
16 State statute or by federal
law;

17  (o) A minor subject to a petition filed under Section 
18 5-520 of the
Juvenile Court Act of 1987 alleging that the 
19 minor is a delinquent minor for
the commission of an 
20 offense that if committed by an adult would be a felony;


21  (p) An adult who had been adjudicated a delinquent 
22 minor under the Juvenile
Court Act of 1987 for the 
23 commission of an offense that if committed by an
adult 
24 would be a felony;

25  (q) A person who is not a resident of the State of 
26 Illinois, except as provided in subsection (a-10) of 
 
 
HB5170- 30 -LRB101 18069 RLC 67507 b


1 Section 4; 
2  (r) A person who has been adjudicated as a person with 
3 a mental disability; 
4  (s) A person who has been found to have a developmental 
5 disability; 
6  (t) A person involuntarily admitted into a mental 
7 health facility; or 
8  (u) A person who has had his or her Firearm Owner's 
9 Identification Card revoked or denied under subsection (e) 
10 of this Section or item (iv) of paragraph (2) of subsection 
11 (a) of Section 4 of this Act because he or she was a 
12 patient in a mental health facility as provided in 
13 subsection (e) of this Section, shall not be permitted to 
14 obtain a Firearm Owner's Identification Card, after the 
15 5-year period has lapsed, unless he or she has received a 
16 mental health evaluation by a physician, clinical 
17 psychologist, or qualified examiner as those terms are 
18 defined in the Mental Health and Developmental 
19 Disabilities Code, and has received a certification that he 
20 or she is not a clear and present danger to himself, 
21 herself, or others. The physician, clinical psychologist, 
22 or qualified examiner making the certification and his or 
23 her employer shall not be held criminally, civilly, or 
24 professionally liable for making or not making the 
25 certification required under this subsection, except for 
26 willful or wanton misconduct. This subsection does not 
 
 
HB5170- 31 -LRB101 18069 RLC 67507 b


1 apply to a person whose firearm possession rights have been 
2 restored through administrative or judicial action under 
3 Section 10 or 11 of this Act; or . 
4 (v) A person who has not submitted to the Illinois State 
5Police proof of liability insurance coverage of at least 
6$1,000,000 for accidental injuries caused by a firearm. 
7 The Illinois State Police may require annual proof of the 
8person's liability insurance coverage and may suspend a 
9person's Firearm Owner's Identification Card for failure to 
10maintain that coverage or for failure to provide the Illinois 
11State Police with proof of that coverage. The proof of 
12liability insurance coverage required under subparagraph 
13(xviii) of paragraph (2) of subsection (a) of Section 4 is 
14required for both an initial application for a Firearm Owner's 
15Identification Card and for renewal of that Card. 
16 Upon revocation of a person's Firearm Owner's 
17Identification Card, the Department of State Police shall 
18provide notice to the person and the person shall comply with 
19Section 9.5 of this Act. 
20(Source: P.A. 101-80, eff. 7-12-19.)