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1		AN ACT concerning firearms.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
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
17		license or dealer license under this Act.
18		"Board" means the Gun Dealer Licensing Board.
19		"Collector" means as defined by 18 U.S.C. 921(a)(13) any
20		person who acquires, holds, or disposes of firearms as curios
21		or relics, as the United States Attorney General shall by
22		regulation define. "Collector" includes the following type of
23		Federal Firearms License: Type 03-collector of curios and

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1		relics.
2		"Confidential or security information" means information
3		which identifies the purchasers or other transferees of
4		firearms from a dealer or dealership.
5		"Dealer" means any person engaged in the business of
6		selling, leasing, or otherwise transferring firearms or any
7		person within the meanings provided by 18 U.S.C. 921(a)(11) and
8		27 CFR 478.11 to include any person engaged in the business of
9		selling firearms at wholesale or retail, or repairing firearms
10		or making or fitting special barrels, stocks, or trigger
11		mechanisms to firearms. "Dealer" includes the following
12		Federal Firearms Licenses: Type 01-dealer in firearms other
13		than destructive devices; Type 02-pawnbroker in firearms other
14		than destructive devices; Type 09-dealer of destructive
15		devices.
16		"Dealership" means a person, firm, corporation, or other
17		legal entity that engages in the business of selling, leasing,
18		or otherwise transferring firearms and employs, in addition to
19		the gun dealer licensee-in-charge, at least one other
20		dealership agent.
21		"Dealership agent" means an owner, officer, paid or unpaid
22		agent, volunteer or employee of a licensed dealership who has
23		access to or control of firearms in the inventory of the
24		dealership or confidential or security information of the
25		dealership.
26		"Dealership licensee-in-charge" or "licensee-in-charge"

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1		means a dealer who has been designated by a dealership to be
2		the licensee-in-charge of the dealership, who is a full-time
3		management employee or owner who assumes sole responsibility
4		for maintaining all records required by this Act, and who
5		assumes sole responsibility for assuring the dealership's
6		compliance with its responsibilities as stated in this Act. The
7		Department shall adopt rules mandating licensee-in-charge
8		participation in dealership affairs.
9		"Department" means the Department of Financial and
10		Professional Regulation.
11		"Engaged in the business" means a person who, as provided
12		in 18 U.S.C. 921(a)(21) and 27 CFR 478.11(a), devotes time,
13		attention, and labor to engaging in such activity as a regular
14		course of trade or business with the principal objective of
15		livelihood and profit, or who:
16		(1) conducts a business selling, leasing, or
17		transferring firearms;
18		(2) holds himself or herself out as engaged in the
19		business of selling, leasing, or otherwise transferring
20		firearms; or
21		(3) sells, leases, or transfers firearms in quantity,
22		in series, or in any other manner indicative of trade.
23		"Firearm" has the same meaning as "firearm" in Section 1.1
24		of the Firearm Owners Identification Card Act.
25		"Gunsmith" means, as defined in 27 CFR 478.11(d), any
26		person who receives firearms (frames, receivers, or otherwise)

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1		provided by a customer for the purpose of repairing, modifying,
2		embellishing, refurbishing, or installing parts in or on those
3		firearms. A gunsmith is not "engaged in the business" of
4		manufacturing firearms because the firearms being produced are
5		not owned by the gunsmith and he does not sell or distribute
6		the firearms manufactured.
7		"Importer" means, as defined by 18 U.S.C. 921 (a)(9) and 18
8		U.S.C. 921 (a)(21)(E), a person who devotes time, attention,
9		and labor to importing firearms as a regular course of trade or
10		business with the principal objective of livelihood and profit
11		through the sale or distribution of the firearms imported.
12		"Importer" shall include the following types of Federal
13		Firearms Licenses: Type 08-importer of firearms other than
14		destructive devices or ammunition for firearms other than
15		destructive devices, or ammunition other than armor piercing
16		ammunition; Type 11-importer of destructive devices,
17		ammunition for destructive devices, or armor piercing
18		ammunition.
19		"Licensee" means a dealer or a dealership licensed under
20		this Act. Anyone who holds himself or herself out as a licensee
21		or who is accused of unlicensed business is considered a
22		licensee for purposes of enforcement, investigation, hearings,
23		and the Illinois Administrative Procedure Act.
24		"Licensed collector" means any person licensed as a
25		collector under 18 U.S.C. 923.
26		"Manufacturer" means, as defined by 18 U.S.C. 921 (a)(10)

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1		and 27 CFR 478.11, any person engaged in the business of
2		manufacturing firearms or ammunition for purposes of sale or
3		distribution. "Manufacturer" includes the following types of
4		Federal Firearms Licenses: Type 06-manufacturer of ammunition
5		for firearms other than ammunition for destructive devices or
6		armor piercing ammunition; Type 07-manufacturer of firearms
7		other than destructive devices; Type 10-manufacturer of
8		destructive devices, ammunition for destructive devices, or
9		armor piercing ammunition.
10		"Person" means a natural person.
11		"Secretary" means the Secretary of Financial and
12		Professional Regulation.
13		Section 10. License requirement.
14		(a) It is unlawful for a person to engage in the business
15		of selling, leasing, or otherwise transferring firearms
16		without a license under this Act. A dealership agent other than
17		a dealer licensee-in-charge may act on behalf of the licensed
18		dealership under Section 75 without being licensed as a dealer
19		under this Act.
20		(b) It is unlawful for a person, firm, corporation, group
21		of individuals, or other legal entity to act as a dealership
22		licensed under this Act, to advertise, or to assume to act as a
23		licensed dealership or to use a title implying that the person,
24		firm, or other entity is engaged in business as a dealership
25		without a license under this Act. An individual or sole

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1		proprietor licensed as a dealer who operates without any
2		dealership agents may act as a dealership without having to
3		obtain a dealership license, provided the dealer notifies the
4		Department that he or she is operating in this manner and
5		provides the information required under Section 65, as
6		determined to be applicable to the dealer by the Department.
7		The dealer may operate under a "doing business as" or assumed
8		name certification so long as the assumed name is first
9		registered with the Department.
10		(b-5) A person licensed as an auctioneer under the Auction
11		License Act may facilitate a transfer permitted under this Act
12		without being registered as a dealer under this Act.
13		(c) No dealership shall operate a branch office without
14		first applying for and receiving a branch office license for
15		each location. The term "branch office" does not include a
16		location at which the dealership conducts business
17		temporarily, such as at a gun show.
18		(d) It is unlawful to obtain or attempt to obtain any
19		license or authorization issued under this Act by fraudulent
20		misrepresentation.
21		(e) A person who violates any provision of this Section is
22		guilty of a Class A misdemeanor for a first violation, and a
23		Class 4 felony for a second or subsequent violation.
24		(f) In addition to any other penalty provided by law, any
25		person or entity who violates any provision of this Section
26		shall pay a civil penalty to the Department in an amount not to

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1		exceed $10,000 for each offense as determined by the
2		Department. The civil penalty shall be assessed by the
3		Department after a hearing is held in accordance with the
4		provisions set forth in this Act regarding the provision of a
5		hearing for the discipline of a licensee.
6		(g) The Department has the authority and power to
7		investigate any and all unlicensed activity.
8		(h) The civil penalty shall be paid within 60 days after
9		the effective date of the order imposing the civil penalty. The
10		order shall constitute a judgment and may be filed and
11		execution had thereon in the same manner as any judgment from
12		any court of record.
13		Section 15. Exemptions. The provisions of this Act related
14		to the licensure of dealers and dealerships do not apply to a
15		person or other entity that engages in the following
16		activities:
17		(1) transfers of less than 10 firearms within each calendar
18		year;
19		(2) temporary transfers of firearms solely for use at the
20		location or on the premises where the transfer takes place,
21		such as transfers at a shooting range for use at that location;
22		(3) temporary transfers of firearms solely for use while in
23		the presence of the transferor, such as transfers for the
24		purposes of firearm safety training by a training instructor;
25		(4) transfers of firearms among immediate family or

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1		household members, as "immediate family or household member" is
2		defined in Section 3-2.7-10 of the Unified Code of Corrections;
3		(5) transfers by persons or entities acting under operation
4		of law or a court order;
5		(6) transfers by persons or entities liquidating all or
6		part of a collection. For purposes of this paragraph (6),
7		"collection" means 2 or more firearms which are of special
8		interest to collectors by reason of some quality other than is
9		associated with firearms intended for sporting use or as
10		offensive or defensive weapons;
11		(7) transfers of firearms that have been rendered
12		permanently inoperable to a nonprofit historical society,
13		museum, or institutional collection;
14		(8) transfers by a law enforcement or corrections agency or
15		a law enforcement or corrections officer acting within the
16		course and scope of his or her official duties;
17		(9) transfers by a person who has his or her Firearm
18		Owner's Identification Card revoked to a State or local law
19		enforcement agency;
20		(10) transfers of curios and relics, as defined under
21		federal law, between collectors licensed under subsection (b)
22		of Section 923 of the federal Gun Control Act of 1968;
23		(11) transfers by a manufacturer or importer; provided,
24		that a dealer holding a Federal Firearms License Type 01-dealer
25		in firearms other than destructive devices; Type 02-pawnbroker
26		in firearms other than destructive devices; or Type 09-dealer

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1		of destructive devices on April 1, 2017, is not exempt from
2		this Act by obtaining a Manufacturer Federal Firearms License
3		or Importer Federal Firearms License;
4		(12) transfers of pieces or parts of a firearm that do not
5		themselves qualify as firearms under paragraph (3) of
6		subsection (a) of Section 921 of the federal Gun Control Act of
7		1968 by a person who is actually engaged in manufacturing and
8		selling those pieces or parts but only on the activities which
9		are within the lawful scope of that business, and the
10		manufacture of which do not require the manufacturer to hold a
11		Federal Firearms License; or
12		(13) transfers of firearms by a dealer in which 20% or less
13		of the dealer's annual sales are from the sale of firearms.
14		Section 20. Powers and duties of the Department. Subject to
15		the provisions of this Act, the Department shall exercise the
16		following powers and duties:
17		(1) Prescribe forms to be issued for the administration
18		and enforcement of this Act.
19		(2) Prescribe and publish rules for issuance of dealer
20		licenses and dealership licenses authorizing qualified
21		applicants to engage in the business of selling, leasing,
22		or otherwise transferring firearms.
23		(3) Review application to ascertain the qualifications
24		of applicants for licenses.
25		(4) Examine the records of licensees or investigate any

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1		other aspect of the business of selling, leasing, or
2		otherwise transferring firearms.
3		(5) Conduct hearings on proceedings to refuse to issue
4		or renew licenses or to revoke, suspend, place on
5		probation, reprimand, or take any other disciplinary or
6		non-disciplinary action against licenses issued under this
7		Act.
8		(6) Formulate rules required for the administration of
9		this Act. Notice of proposed rulemaking shall be
10		transmitted to the Board, and the Department shall review
11		the Board's response and any recommendations made in the
12		response.
13		(7) Solicit the advice and expert knowledge of the
14		Board on any matter relating to the administration and
15		enforcement of this Act.
16		(8) Maintain rosters of the names and addresses of all
17		licensees and all persons whose licenses have been
18		suspended, revoked, denied renewal, or otherwise
19		disciplined within the previous calendar year. These
20		rosters shall be available upon written request and payment
21		of the required fee as established by rule.
22		(9) Exercise the powers and duties prescribed by the
23		Civil Administrative Code of Illinois for the
24		administration of licensing Acts.
25		(10) Contract with the Department of State Police, as
26		necessary, to perform inspections of licensees, as

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1		provided under this Act.
2		(11) Authorize examinations to ascertain the
3		qualifications and fitness of applicants for licensing as a
4		dealer and pass upon the qualifications of applicants for
5		licensure.
6		Section 25. The Gun Dealer Licensing Board.
7		(a) The Gun Dealer Licensing Board shall consist of 5
8		members to be appointed by the Secretary. Each member shall
9		have a reasonable knowledge of the federal and State laws
10		regarding firearms. Each member shall either be a resident of
11		this State or shall certify that he or she will become a
12		resident of this State before taking office. The Board shall
13		consist of:
14		(1) one member with at least 5 years of service as a
15		county sheriff or chief of police of a municipal police
16		department within this State;
17		(2) one representative of the Department of State
18		Police with at least 5 years investigative experience or
19		duties related to criminal justice;
20		(3) one member with at least 5 years of experience as a
21		federally licensed firearms dealer in good standing within
22		this State;
23		(4) one member who is a representative of an advocacy
24		group for public safety; and
25		(5) one member shall be a lawyer licensed to practice

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1		law in this State. The membership shall reasonably reflect
2		the different geographic areas in this State.
3		(b) Members shall serve 4 year terms and may serve until
4		their successors are appointed and qualified. Partial terms of
5		over 2 years in length shall be considered full terms. No
6		member shall serve for more than 2 successive terms. Whenever a
7		vacancy in the Board occurs, the remaining members of the Board
8		shall notify the Secretary of that vacancy within 5 days after
9		its occurrence and the Secretary shall fill the vacancy within
10		45 days. Appointments to fill vacancies shall be made in the
11		same manner as the original appointments for the unexpired
12		portion of the vacated term.
13		(c) The Secretary may recommend the removal of any member
14		of the Board for cause at any time before the expiration of his
15		or her term. A majority vote of the members is required for a
16		decision to remove any member of the Board. A member subject to
17		formal disciplinary proceedings shall disqualify himself or
18		herself from all Board business until the charge is resolved. A
19		member also shall disqualify himself or herself from any matter
20		on which the member cannot act objectively.
21		(d) The Board shall annually elect one of its members as
22		chairperson and one of its members as vice-chair.
23		(e) Members shall receive compensation as set by law. Each
24		member shall receive reimbursement as set by the Governor's
25		Travel Control Board for expenses incurred in carrying out the
26		duties as a Board member.

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1		(f) A majority of Board members constitutes a quorum. A
2		majority vote of the members is required for a decision. A
3		vacancy in the membership of the Board shall not impair the
4		right of a quorum to exercise all of the rights and perform all
5		of the duties of the Board.
6		(g) The Board may recommend policies, procedures, and rules
7		relevant to the administration and enforcement of this Act.
8		Section 30. Application for license; forms.
9		(a) Each license application shall be on forms provided by
10		the Department.
11		(b) Every application for an original dealer license shall
12		include the applicant's social security number, which shall be
13		retained in the dealership's records pertaining to the license.
14		As soon as practical, the Department shall assign a customer's
15		identification number to each applicant for a license.
16		Every application for a renewal or restored license shall
17		require the applicant's customer identification number.
18		(c) Beginning January 1, 2019, the Department shall accept
19		applications for dealership licenses and dealer licenses.
20		Section 35. Issuance of license; renewal; fees.
21		(a) The Department shall, upon the applicant's
22		satisfactory completion of the requirements under this Act and
23		receipt of the fee, issue the license indicating the name and
24		business location of the licensee and the date of expiration.

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1		On or before December 31, 2019, the Department shall issue
2		dealer and dealership licenses to all qualified applicants
3		whose business existed in that location on the effective date
4		of this Act, and who submitted the application to the
5		Department on or after January 1, 2019 but before October 1,
6		2019. If an applicant submits an application for a license
7		before October 1, 2019 and the Department does not issue or
8		deny the license on or before December 31, 2019, or the
9		Department does not issue or deny a license within 90 days to
10		an applicant who submits an application for a license or
11		renewal of a license on October 1, 2019 or thereafter, the
12		applicant or licensee shall not be in violation of this Act on
13		the basis of continuing to operate the business.
14		(b) The expiration date, renewal period, and conditions for
15		renewal and restoration of each license shall be set by rule.
16		The holder may renew the license during the 90 days preceding
17		its expiration by paying the required fee and by meeting
18		conditions that the Department may specify. As a condition of
19		renewal of a dealer's license, the Department shall receive
20		from the applicant a copy of his or her valid and unexpired
21		concealed carry license, or shall verify the validity of the
22		applicant's Firearm Owner's Identification Card through the
23		Department of State Police in a manner prescribed by rule by
24		the Department of State Police. A dealership or dealer
25		operating on an expired license is considered to be practicing
26		without a license.

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1		(c) A dealership that has permitted a license to expire may
2		have it restored by submitting an application to the
3		Department, successfully completing an inspection by the
4		Department, and by paying the required restoration fee and all
5		lapsed renewal fees.
6		(d) A dealer that has permitted a license to expire may
7		have it restored by submitting an application to the
8		Department, paying the required restoration fee and all lapsed
9		renewal fees and by providing evidence of competence to resume
10		practice satisfactory to the Department and the Board, which
11		shall include a copy of the license holder's valid and
12		unexpired concealed carry license, or verification of the
13		continued validity of the license holder's Firearm Owner's
14		Identification Card through the Department of State Police in a
15		manner prescribed by rule by the Department of State Police,
16		and may include passing a written examination.
17		(e) Any dealer whose license has expired while he or she
18		has been engaged (1) in the federal service in active duty with
19		the Army of the United States, the United States Navy, the
20		Marine Corps, the Air Force, the Coast Guard, or the State
21		Militia called into the service or training of the United
22		States of America, or (2) in training or education under the
23		supervision of the United States preliminary to induction into
24		the military service, may have his or her license restored
25		without paying any lapsed renewal fees or restoration fee, if
26		within 2 years after termination of that service, training or

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1		education, other than by dishonorable discharge, he or she
2		furnishes the Department with an affidavit to the effect that
3		he or she has been so engaged and that his or her service,
4		training or education has been so terminated.
5		(f) A license shall not be denied any applicant because of
6		the race, religion, creed, national origin, political beliefs
7		or activities, age, sex, sexual orientation, or physical
8		disability that does not affect a person's ability to practice
9		with reasonable judgment, skill, or safety.
10		Section 40. Continuing education. The Department may adopt
11		rules of continuing education for persons licensed under this
12		Act. The Department shall consider the recommendations of the
13		Board in establishing guidelines for the continuing education
14		requirements.
15		Section 45. Examination of applicants; fee forfeiture.
16		(a) Applicants for licensure as a dealer shall be examined
17		as provided by this Section if they are qualified to be
18		examined under this Act. All applicants taking the examination
19		shall be evaluated using the same standards as others who are
20		examined for the respective license.
21		(b) Examinations for licensure shall be held at the time
22		and place as the Department may determine, but shall be held at
23		least twice a year.
24		(c) Examinations shall test the amount of knowledge and

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1		skill needed to perform the duties set under this Act and
2		comply with other provisions of federal and State law
3		applicable to the sale and transfer of firearms. The Department
4		may contract with a testing service for the preparation and
5		conduct of the examination.
6		(d) If an applicant neglects, fails, or refuses to take an
7		examination within one year after filing an application, the
8		fee shall be forfeited. However, an applicant may, after a
9		1-year period, make a new application for examination
10		accompanied by the required fee. If an applicant fails to pass
11		the examination within 3 years after filing an application, the
12		application shall be denied. An applicant may make a new
13		application after the 3-year period.
14		(e) This Section does not apply to an applicant who was
15		properly licensed as a firearms dealer under Section 923 of the
16		federal Gun Control Act of 1968 (18 U.S.C. 923) on the
17		effective date of this Act, in operation in this State.
18		Section 50. Qualifications for licensure as a dealer.
19		(a) A person is qualified for licensure as a dealer if he
20		or she meets all of the following requirements:
21		(1) is at least 21 years of age;
22		(2) has a currently valid and unexpired concealed carry
23		license or Firearm Owner's Identification Card. The
24		Department shall verify the validity of the applicant's
25		Firearm Owner's Identification Card through the Department

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1		of State Police in a manner prescribed by rule by the
2		Department of State Police. The Department of State Police
3		shall provide the Department with an approval number if the
4		Firearm Owner's Identification Card is currently valid;
5		(3) has not had a license or permit to sell, lease,
6		transfer, purchase, or possess firearms from the federal
7		government or the government of any state or subdivision of
8		any state revoked or suspended for good cause within the
9		preceding 3 years, or been terminated from employment with
10		a licensee or former licensee for good cause within the
11		preceding 3 years;
12		(4) has a minimum of one year of experience, with a
13		minimum of 100 hours per year, during the 5 years
14		immediately preceding the application: (i) as a dealership
15		agent under this Act; or (ii) as a federal firearms dealer
16		licensed under Section 923 of the federal Gun Control Act
17		of 1968 (18 U.S.C. 923) or an employee of the business who
18		had access to firearms;
19		(5) has paid the fees required by this Act; and
20		(6) has passed an examination authorized by the
21		Department.
22		(b) The Department may request a personal interview of an
23		applicant before the Board to further evaluate his or her
24		qualifications for a license.
25		Section 55. Qualifications for licensure as a dealership.

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1		(a) Upon receipt of the required fee and the information
2		listed in subsection (b) of this Section, the Department shall
3		issue a license as a dealership to any of the following:
4		(1) An individual who submits an application and is a
5		licensed dealer under this Act.
6		(2) A firm that submits an application and all of the
7		members of the firm are licensed dealers under this Act.
8		(3) A corporation or limited liability company doing
9		business in this State that is authorized by its articles
10		of incorporation or organization to engage in the business
11		of conducting a dealership if at least one executive
12		employee is licensed as a dealer under this Act.
13		(b) The Department shall require all of the following
14		information from each applicant for licensure as a dealership
15		under this Act:
16		(1) The name, full business address, and telephone
17		number of the dealership. The business address for the
18		dealership shall be the complete street address where
19		firearms in the inventory of the dealership are regularly
20		stored, shall be located within the State, and may not be a
21		Post Office Box. The applicant shall submit proof that the
22		business location is or will be used to conduct the
23		dealership's business.
24		(2) All trade or business names used by the licensee.
25		(3) The type of ownership or operation, such as a
26		partnership, corporation, or sole proprietorship.

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1		(4) The name of the owner or operator of the
2		dealership, including:
3		(A) if a person, then the name and address of
4		record of the person;
5		(B) if a partnership, then the name and address of
6		record of each partner and the name of the partnership;
7		(C) if a corporation, then the name, address of
8		record, and title of each corporate officer and
9		director, the corporate names, and the name of the
10		state of incorporation; and
11		(D) if a sole proprietorship, then the full name
12		and address of record of the sole proprietor and the
13		name of the business entity.
14		(5) The name and license number of the
15		licensee-in-charge for the dealership.
16		(6) Proof that the applicant has applied for or
17		received a certificate of registration under the
18		Retailers' Occupation Tax Act.
19		(7) From the sheriff of the county in which the
20		business address is located written confirmation stating
21		that, to the best of the sheriff's knowledge, the applicant
22		is in compliance with applicable federal, State, and local
23		laws. A sheriff that refuses to provide this confirmation
24		within 30 days after the date of the application shall
25		instead submit an objection in writing to the Department
26		and the license applicant based upon a reasonable suspicion

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1		that the applicant is not in compliance with applicable
2		federal, State, and local laws. If no written confirmation
3		or objection is made under this paragraph (7) within 30
4		days after the date of the application, the Department
5		shall proceed as if the sheriff had provided confirmation.
6		A municipality or county may impose additional
7		requirements for the operation of gun dealers and
8		dealerships beyond the requirements of this Act and
9		consistent with the United States Constitution and the
10		Constitution of the State of Illinois, including local
11		license requirements. It shall be the duty of local
12		authorities to investigate and enforce any failure of a
13		dealer or dealership to meet these requirements and to
14		notify the Department of these investigations and
15		enforcement actions. This paragraph (7) supersedes Section
16		13.1 of the Firearm Owners Identification Card Act and
17		Section 90 of the Firearm Concealed Carry Act as applied to
18		the local regulation of dealers and dealerships.
19		(8) Proof that the dealership is properly licensed as a
20		firearms dealer under federal law.
21		(9) A final inspection report demonstrating that the
22		Department has determined upon inspection that the
23		proposed business premises comply with Section 70 of this
24		Act.
25		(c) No dealer may be the licensee-in-charge for more than
26		one dealership. Upon written request by a representative of a

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1		dealership, within 10 days after the loss of a
2		licensee-in-charge of a dealership because of the death of that
3		individual or because of the termination of the employment of
4		that individual, the Department shall issue a temporary
5		certificate of authority allowing the continuing operation of
6		the licensed dealership. No temporary certificate of authority
7		shall be valid for more than 90 days. An extension of an
8		additional 90 days may be granted upon written request by the
9		representative of the dealership. Not more than 2 extensions
10		may be granted to any dealership. No temporary permit shall be
11		issued for loss of the licensee-in-charge because of
12		disciplinary action by the Department related to his or her
13		conduct on behalf of the dealership.
14		(d) The Department may request a personal interview of a
15		gun dealership licensee-in-charge to evaluate the dealership's
16		qualifications for a license.
17		Section 60. Training of dealership agents. The Department
18		shall adopt rules requiring dealership agents to undergo
19		training regarding legal requirements and responsible business
20		practices as applicable to the sale or transfer of firearms.
21		Before a dealership agent has unsupervised access to or control
22		over firearms in the dealership's inventory or confidential or
23		security information, the dealership shall ensure that the
24		dealership agent receives the training that the Department may
25		require.

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1		Section 65. Display of license. Each licensee shall
2		prominently display his or her individual, agency, or branch
3		office license at each place where business is being conducted,
4		as required under this Act. A licensee-in-charge is required to
5		post his or her license only at the dealership office.
6		Section 70. Requirements; prohibitions.
7		(a) The Department of Financial and Professional
8		Regulation shall implement the provisions of this Section by
9		rule.
10		(b) A licensee shall maintain operating documents which
11		shall include procedures for the oversight of the licensee and
12		procedures to ensure accurate recordkeeping.
13		(c) By the date of application, a licensee shall implement
14		appropriate security measures, as provided by rule, to deter
15		and prevent the theft of firearms and unauthorized entrance
16		into areas containing firearms. The rules may provide for:
17		(1) the manner of securing firearms when the location
18		is both open and closed for business;
19		(2) alarm systems for licensees; and
20		(3) other reasonable requirements to deter illegal
21		sales and reduce the risk of burglaries and other crimes or
22		accidents at licensees' business establishments.
23		(d) If a licensee operates the business at a permanent
24		physical location that is open to the public, that location

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1		shall be equipped with a video surveillance system sufficient
2		to monitor the critical areas of the business premises,
3		including, but not limited to, all places where firearms are
4		stored, handled, sold, transferred, or carried. The video
5		surveillance system shall operate without interruption
6		whenever the licensee is open for business. Whenever the
7		licensee is not open for business, the system shall be
8		triggered by a motion detector and begin recording immediately
9		upon detection of any motion within the monitored area. The
10		stored images shall be maintained on the business premises of
11		the licensee for a period of not less than 90 days from the
12		date of recording and shall only be available for inspection on
13		the premises by the licensee, the licensee's dealership agents,
14		the Department, or federal, State, and local law enforcement
15		upon request, and neither the stored images, copies, records,
16		or reproductions of the stored images shall leave the custody
17		of the licensee except under a court order, subpoena, or search
18		warrant. The licensee shall post a sign in a conspicuous place
19		at each entrance to the premises that states in block letters
20		not less than one inch in height:
21		"THESE PREMISES ARE UNDER VIDEO SURVEILLANCE. YOUR IMAGE
22		MAY BE RECORDED."
23		(e) The area where the licensee stores firearms that are
24		inventory of the licensee shall only be accessed by dealership
25		agents, Department of Financial and Professional Regulation
26		staff performing inspections, law enforcement or other

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1		emergency personnel, and contractors working on jobs unrelated
2		to firearms, such as installing or maintaining security devices
3		or performing electrical wiring.
4		(f) A licensee shall operate its business and conduct all
5		sales and transfers of firearms in compliance with all federal
6		and State laws, and maintain all records as required by federal
7		and State laws.
8		(g) A licensee shall make a photo copy of a buyer's or
9		transferee's valid photo I.D. card whenever a sale transaction
10		takes place. The photo copy shall be attached to the
11		documentation detailing the record of sale.
12		(h) A licensee shall post in a conspicuous position on the
13		premises where the licensee conducts business a sign that
14		contains the following warning in block letters not less than
15		one inch in height:
16		"With few exceptions, it is unlawful for you to:
17		(1) store or leave an unsecured firearm in a place
18		where a child can obtain access to it,
19		(2) sell or transfer your firearm to someone else
20		without receiving approval for the transfer from the
21		Department of State Police, or
22		(3) fail to report the loss or theft of your
23		firearm to local law enforcement within 72 hours."
24		A licensee shall post any additional warnings or provide
25		any other information regarding firearms laws and the safe
26		storage of firearms to consumers as required by the Department

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1		by rule.
2		(i) Before issuance, renewal, or restoration of a
3		dealership license, the Department shall inspect the premises
4		of the proposed business to ensure compliance with this Act.
5		Licensees shall have their places of business open for
6		inspection by the Department and law enforcement during all
7		hours of operation, provided that the Department may conduct no
8		more than one unannounced inspection per dealer or dealership
9		per year without good cause. Licensees shall make all records,
10		documents, and firearms accessible for inspection upon the
11		request of law enforcement and the Department.
12		(j) The premises where the licensee conducts business shall
13		not be located in any district or area that is within 500 feet
14		of any school, pre-school, or day-care facility. This
15		subsection (j) does not apply to a licensee whose business
16		existed in that location on the effective date of this Act, and
17		does not limit the authority of a local government to impose
18		and enforce additional limits on the location of a business
19		regulated under this Act.
20		Section 75. Dealership agent requirements. A licensed
21		dealership may employ in the conduct of his or her business
22		dealership agents under the following provisions:
23		(1) A dealership shall not knowingly allow a person to have
24		unsupervised access to firearms in the inventory of the
25		dealership or confidential or security information who:

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1		(A) is younger than 21 years of age;
2		(B) does not have a valid and unexpired concealed carry
3		license or Firearm Owner's Identification Card; or
4		(C) has had a license denied, suspended, or revoked
5		under this Act, or been terminated from employment as a
6		dealership agent:
7		(i) within one year before the date the person's
8		application for employment with the dealership; and
9		(ii) that refusal, denial, suspension, revocation,
10		or termination was based on any provision of this Act.
11		(2) No person may act as a dealership agent under this
12		Section until he or she has executed and furnished to the
13		employer, on forms furnished by the Department, a verified
14		statement to be known as "Dealership Agent's Statement" setting
15		forth:
16		(A) The person's full name, age, and residence address.
17		(B) That the person has not had a license denied,
18		revoked, or suspended under this Act, or been terminated
19		from employment as a dealership agent:
20		(i) within one year before the date the person's
21		application for employment with the dealership; and
22		(ii) that refusal, denial, suspension, revocation,
23		or termination was based on any provision of this Act.
24		(C) That the person will notify the dealership
25		immediately if his or her Firearm Owner's Identification
26		Card or concealed carry license is revoked for any reason.

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1		(D) That the person will not divert firearms in
2		violation of the law.
3		(3) Each applicant for employment as a dealership agent
4		shall provide a copy of his or her valid and unexpired
5		concealed carry license, or have the validity of his or her
6		Firearm Owner's Identification Card confirmed by the
7		dealership through the Department of State Police in a manner
8		prescribed by rule by the Department of State Police. The
9		Department of State Police shall provide the dealership with an
10		approval number if the Firearm Owner's Identification Card is
11		currently valid.
12		(4) As part of an application for renewal or restoration of
13		a dealership license, the dealership shall confirm the validity
14		of the Firearm Owner's Identification Card of each dealership
15		agent employed by the dealership, and record the unique
16		approval number provided by the Department of State Police in
17		the record maintained under paragraph (5) of this Section,
18		provided that a dealership shall not be required to confirm the
19		validity of the Firearm Owner's Identification Card of a
20		dealership agent if the dealership has already confirmed the
21		validity of the dealership agent's Firearm Owner's
22		Identification Card within the last 6 months or the dealership
23		agent has provided the dealership with a copy of his or her
24		valid and unexpired concealed carry license within the last 6
25		months.
26		(5) Each dealership shall maintain a record of each

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1		dealership agent that is accessible to the Department. The
2		record shall contain the following information:
3		(A) The Dealership Agent's Statement specified in
4		paragraph (2) of this Section; and
5		(B) A copy of the dealership agent's concealed carry
6		license or Firearm Owner's Identification Card, and the
7		approval number provided by the Department of State Police
8		when the dealership last confirmed the validity of the
9		dealership agent's Firearm Owner's Identification Card.
10		The Department may, by rule, prescribe further record
11		requirements.
12		(6) Every dealership shall maintain a separate roster of
13		the names of all dealership agents and submit the roster to the
14		Department on request.
15		(7) No dealership may employ any person to perform a
16		licensed activity under this Act unless the person possesses a
17		valid dealer license under this Act or the requirements of this
18		Section are met, or the person is exempt under paragraph (8) of
19		this Section.
20		(8) Peace officers shall be exempt from the requirements of
21		this Section relating to Firearm Owner's Identification Cards
22		and concealed carry licenses. The dealership shall remain
23		responsible for any peace officer employed under this
24		exemption, regardless of whether the peace officer is
25		compensated as an employee or as an independent contractor and
26		as further defined by rule.

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1		(9) Persons who have no unsupervised access to firearms in
2		the inventory of a dealership or confidential or security
3		information are exempt from the requirements of a dealership
4		agent.
5		(10) This Section shall apply to unpaid or paid volunteers
6		or other agents of the dealership who will have access to or
7		control over firearms in the inventory of the dealership or
8		confidential or security information, just as it applies to
9		paid employees.
10		Section 80. Employment requirement. A dealership licensed
11		under this Act is prohibited from evading or attempting to
12		evade the requirements for dealership agents under this Act by
13		engaging a contractor or independent contractor to perform the
14		activities of a dealer or dealership agent, unless that person
15		is licensed under this Act.
16		Section 85. Disciplinary sanctions.
17		(a) The Department may deny issuance, refuse to renew, or
18		restore or may reprimand, place on probation, suspend, revoke,
19		or take other disciplinary or non-disciplinary action against
20		any license, may impose a fine not to exceed $10,000 for each
21		violation, and may assess costs as provided for under Section
22		150, for any of the following, consistent with the Protection
23		of Lawful Commerce in Arms Act, 15 U.S.C. 7901 through 7903 or
24		amendments thereto:

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1		(1) Material misstatement in furnishing information to
2		the Department or to any other State or federal agency.
3		(2) Violations of this Act, any of the rules adopted
4		under this Act, or any law applicable to the sale or
5		transfer of firearms.
6		(3) Making any misrepresentation for the purpose of
7		obtaining licenses or cards.
8		(4) A pattern of practice or other behavior which
9		demonstrates incapacity or incompetency to practice under
10		this Act.
11		(5) Aiding or assisting another person in violating any
12		provision of this Act or rules adopted under this Act.
13		(6) Failing, within 60 days, to provide information in
14		response to a written request made by the Department.
15		(7) Conviction of or plea of guilty or plea of nolo
16		contendere to any crime that disqualifies the person from
17		obtaining a valid Firearm Owner's Identification Card.
18		(8) Continued practice, although the person has become
19		unfit to practice due to any of the following:
20		(A) Physical illness, mental illness, or other
21		impairment, including, but not limited to,
22		deterioration through the aging process or loss of
23		motor skills that results in the inability to serve the
24		public with reasonable judgment, skill, or safety.
25		(B) Any circumstance that disqualifies the person
26		from obtaining a valid Firearm Owner's Identification

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1		Card.
2		(C) Habitual or excessive use or abuse of drugs
3		defined in law as controlled substances, alcohol, or
4		any other substance that results in the inability to
5		practice with reasonable judgment, skill, or safety.
6		(9) Receiving, directly or indirectly, compensation
7		for any firearms sold or transferred illegally.
8		(10) Discipline by another United States jurisdiction,
9		foreign nation, or governmental agency, if at least one of
10		the grounds for the discipline is the same or substantially
11		equivalent to those set forth in this Act.
12		(11) Giving differential treatment to a person that is
13		to that person's detriment because of race, color, creed,
14		sex, sexual orientation, religion, or national origin.
15		(12) Violation of any disciplinary order imposed on a
16		licensee by the Department.
17		(13) Conducting a dealership without a valid license.
18		(14) Revealing confidential or security information,
19		except as specifically authorized by law, including but not
20		limited to information about purchasers and transferees of
21		firearms, provided that a licensee or dealership agent may
22		disclose this information under a court order, subpoena, or
23		search warrant or to the Department or federal, State, or
24		local law enforcement agencies upon request.
25		(15) Purporting to be a licensee-in-charge of an agency
26		without active participation in the agency.

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1		(16) A finding by the Department that the licensee,
2		after having his or her license placed on probationary
3		status, has violated the terms of probation.
4		(17) Failure to report in writing to the Department,
5		within 60 days of an entry of a settlement or a verdict in
6		excess of $10,000, any legal action in which the business
7		of the dealer, dealership, or dealership agent was the
8		subject of the legal action.
9		(b) All fines imposed under this Section shall be paid
10		within 60 days after the effective date of the order imposing
11		the fine.
12		Section 90. Suspension or revocation of dealership agent
13		authority.
14		(a) Dealership agents shall be subject to the disciplinary
15		sanctions of this Act and shall otherwise comply with this Act
16		and the rules adopted under it. Notwithstanding any other
17		provision in this Act to the contrary, dealership agents shall
18		not be responsible for compliance with any requirement that
19		this Act assigns to the dealership or the licensee-in-charge
20		regardless of the agent's job title, job duties, or position in
21		the dealership. The procedures for disciplining a licensee
22		shall also apply in taking action against a dealership agent.
23		(b) The revocation of a dealer's or dealership agent's
24		Firearm Owner's Identification Card or concealed carry
25		license, if applicable, operates as an automatic suspension of

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1		the dealer license or dealership agent's authority under this
2		Act. The suspension shall end only upon the issuance by the
3		Department of State Police of a new Firearm Owner's
4		Identification Card or concealed carry license to the dealer or
5		dealership agent.
6		Section 95. Returned checks; fines. Any person who delivers
7		a check or other payment to the Department that is returned to
8		the Department unpaid by the financial institution upon which
9		it is drawn shall pay to the Department, in addition to the
10		amount already owed to the Department, a fine of $50. The fines
11		imposed by this Section are in addition to any other discipline
12		provided under this Act for unlicensed business or business on
13		a nonrenewed license. The Department shall notify the person
14		that payment of fees and fines shall be paid to the Department
15		by certified check or money order within 30 calendar days of
16		the notification. If, after the expiration of 30 days from the
17		date of the notification, the person has failed to submit the
18		necessary remittance, the Department shall automatically
19		terminate the license or deny the application, without hearing.
20		If, after termination or denial, the person seeks a license, he
21		or she shall apply to the Department for restoration or
22		issuance of the license and pay all fees and fines due to the
23		Department. The Department may establish a fee for the
24		processing of an application for restoration of a license to
25		pay all expenses of processing this application. The Secretary

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1		may waive the fines due under this Section in individual cases
2		if the Secretary finds that the fines would be unreasonable or
3		unnecessarily burdensome.
4		Section 100. Statute of limitations. No action may be taken
5		under this Act against a person or entity licensed under this
6		Act unless the action is commenced within 5 years after the
7		occurrence of the alleged violations. A continuing violation
8		shall be deemed to have occurred on the date when the
9		circumstances last existed that give rise to the alleged
10		violation.
11		Section 105. Complaints; investigations; hearings.
12		(a) The Department may investigate the actions of any
13		applicant or of any person or persons holding or claiming to
14		hold a license or registration under this Act.
15		(b) The Department shall, before disciplining a licensee
16		under Section 130 or refusing to issue or license, at least 30
17		days before the date set for the hearing, (i) notify the
18		accused in writing of the charges made and the time and place
19		for the hearing on the charges, (ii) direct him or her to file
20		a written answer to the charges under oath within 20 days after
21		service, and (iii) inform the applicant or licensee that
22		failure to answer will result in a default being entered
23		against the applicant or licensee.
24		(c) At the time and place fixed in the notice, the Board or

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1		the hearing officer appointed by the Secretary shall proceed to
2		hear the charges, and the parties or their counsel shall be
3		accorded ample opportunity to present any pertinent
4		statements, testimony, evidence, and arguments. The Board or
5		hearing officer may continue the hearing from time to time. In
6		case the person, after receiving the notice, fails to file an
7		answer, his or her license may, in the discretion of the
8		Secretary, having first received the recommendation of the
9		Board, be suspended, revoked, or placed on probationary status,
10		or be subject to whatever disciplinary action the Secretary
11		considers proper, including limiting the scope, nature, or
12		extent of the person's business or the imposition of a fine,
13		without hearing, if the act or acts charged constitute
14		sufficient grounds for that action under this Act.
15		(d) The written notice and any notice in the subsequent
16		proceeding may be served by certified mail to the licensee's
17		address of record.
18		(e) The Secretary has the authority to appoint any attorney
19		licensed to practice law in this State to serve as the hearing
20		officer in any action for refusal to issue, restore, or renew a
21		license or to discipline a licensee. The hearing officer has
22		full authority to conduct the hearing.
23		Section 110. Hearing; rehearing.
24		(a) The Board or the hearing officer authorized by the
25		Department shall hear evidence in support of the formal charges

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1		and evidence produced by the licensee. At the conclusion of the
2		hearing, the Board shall present to the Secretary a written
3		report of its findings of fact, conclusions of law, and
4		recommendations. The report shall contain a finding of whether
5		the accused person violated this Act or failed to comply with
6		the conditions required in this Act. The Board shall specify
7		the nature of the violation or failure to comply and shall make
8		its recommendation to the Secretary.
9		(b) At the conclusion of the hearing, a copy of the Board
10		or hearing officer's report shall be served upon the applicant
11		or licensee by the Department, either personally or as provided
12		in this Act for the service of a notice of hearing. Within 20
13		calendar days after service, the applicant or licensee may
14		present to the Department a motion in writing for a rehearing,
15		which shall specify the particular grounds for rehearing. The
16		Department may respond to the motion for rehearing within 20
17		calendar days after its service on the Department. If no motion
18		for rehearing is filed, then upon the expiration of the time
19		specified for filing such a motion, or upon denial of a motion
20		for rehearing, the Secretary may enter an order in accordance
21		with the recommendations of the Board or hearing officer. If
22		the applicant or licensee orders from the reporting service and
23		pays for a transcript of the record within the time for filing
24		a motion for rehearing, the 20-day period within which a motion
25		may be filed shall commence upon the delivery of the transcript
26		to the applicant or licensee.

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1		(c) Whenever the Secretary is not satisfied that
2		substantial justice has been done, the Secretary may order a
3		rehearing by the same or another hearing officer.
4		(d) All proceedings under this Section are matters of
5		public record and shall be preserved.
6		(e) The dealer or dealership may continue to operate as a
7		dealer or dealership during the course of an investigation or
8		hearing, unless the Secretary finds that the public interest,
9		safety, or welfare requires an emergency action.
10		(f) Upon the suspension or revocation of a license, the
11		licensee shall surrender the license to the Department and,
12		upon failure to do so, the Department shall seize the same.
13		Section 115. Disposition by consent order. At any point in
14		any investigation or disciplinary proceeding provided for in
15		the Act, both parties may agree to a negotiated consent order.
16		The consent order shall be final upon signature of the
17		Secretary.
18		Section 120. Restoration of license after disciplinary
19		proceedings. At any time after the successful completion of a
20		term of indefinite probation, indefinite suspension, or
21		revocation of a license, the Department may restore it to the
22		licensee, unless, after an investigation and a hearing, the
23		Secretary determines that restoration is not in the public
24		interest. No person or entity whose license, card, or authority

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1		has been revoked as authorized in this Act may apply for
2		restoration of that license, registration, or authority until
3		such time as provided for in the Civil Administrative Code of
4		Illinois.
5		Section 125. Injunction; cease and desist orders.
6		(a) Upon the filing of a verified petition in court, if
7		satisfied by affidavit or otherwise that the person, firm,
8		corporation, or other legal entity is or has been conducting
9		activities in violation of this Act, the court may enter a
10		temporary restraining order or preliminary injunction, without
11		bond, enjoining the defendant from further activity. A copy of
12		the verified complaint shall be served upon the defendant and
13		the proceedings shall be conducted as in civil cases. If it is
14		established the defendant has been or is conducting activities
15		in violation of this Act, the court may enter a judgment
16		enjoining the defendant from that activity. In case of
17		violation of any injunctive order or judgment entered under
18		this Section, the court may punish the offender for contempt of
19		court. Injunctive proceedings shall be in addition to all other
20		penalties under this Act.
21		(b) If any person has engaged in the business of selling,
22		leasing, or otherwise transferring firearms without having a
23		valid license under this Act, then any licensee, any interested
24		party, or any person injured thereby may, in addition to the
25		Secretary, petition for relief as provided in subsection (a) of

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1		this Section.
2		(c) Whenever the Department has reason to believe a person,
3		firm, corporation, or other legal entity has violated any
4		provision of this Act, the Department may issue a rule to show
5		cause why an order to cease and desist should not be entered
6		against that person, firm, corporation, or other legal entity.
7		The rule shall clearly set forth the grounds relied upon by the
8		Department and shall provide a period of 7 days from the date
9		of the rule to file an answer to the satisfaction of the
10		Department. Failure to answer to the satisfaction of the
11		Department shall cause an order to cease and desist to be
12		issued immediately.
13		Section 130. Administrative review. All final
14		administrative decisions of the Department are subject to
15		judicial review under Article III of the Code of Civil
16		Procedure. The term "administrative decision" is defined as in
17		Section 3-101 of the Code of Civil Procedure. The proceedings
18		for judicial review shall be commenced in the circuit court of
19		the county in which the party applying for review resides; but
20		if the party is not a resident of this State, the venue shall
21		be in Sangamon County. The Department shall not be required to
22		certify any record to the court or file any answer in court or
23		otherwise appear in any court in a judicial review proceeding,
24		unless and until the Department has received from the plaintiff
25		payment of the costs of furnishing and certifying the record,

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1		which costs shall be determined by the Department. Exhibits
2		shall be certified without cost. Failure on the part of the
3		applicant or licensee to file a receipt in court is grounds for
4		dismissal of the action.
5		Section 135. Prima facie proof.
6		(a) An order or a certified copy thereof, over the seal of
7		the Department and purporting to be signed by the Secretary, is
8		prima facie proof that the signature is that of the Secretary,
9		and the Secretary is qualified to act.
10		(b) A certified copy of a record of the Department shall,
11		without further proof, be admitted into evidence in any legal
12		proceeding, and shall be prima facie correct and prima facie
13		evidence of the information contained therein.
14		Section 140. Subpoenas.
15		(a) The Department may subpoena and bring before it any
16		person to take the oral or written testimony or compel the
17		production of any books, papers, records, or any other
18		documents that the Secretary or his or her designee deems
19		relevant or material to any such investigation or hearing
20		conducted by the Department with the same fees and in the same
21		manner as prescribed in civil cases in the courts of this
22		State.
23		(b) Any circuit court, upon the application of the
24		applicant, licensee, or Department, may order the attendance

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1		and testimony of witnesses and the production of relevant
2		documents, files, records, books, and papers in connection with
3		any hearing or investigation. The circuit court may compel
4		obedience to its order by proceedings for contempt.
5		(c) The Secretary, the hearing officer, any member of the
6		Board, or a certified shorthand court reporter may administer
7		oaths at any hearing the Department conducts. Notwithstanding
8		any other statute or Department rule to the contrary, all
9		requests for testimony, production of documents or records
10		shall be in accordance with this Act.
11		Section 145. Stenographers. The Department, at its
12		expense, shall preserve the record of all proceedings at a
13		formal hearing of any case. The notice of hearing, complaint,
14		all other documents in the nature of pleadings and written
15		motions filed in the proceedings, the transcript of testimony,
16		the report of the Board and orders of the Department shall be
17		in the record of the proceedings.
18		Section 150. Fees; deposit of fees and fines. The
19		Department shall by rule provide for fees for the
20		administration and enforcement of this Act, and those fees are
21		nonrefundable. All of the fees, penalties, and fines collected
22		under this Act shall be deposited into the General Professions
23		Dedicated Fund and shall be appropriated to the Department for
24		the ordinary and contingent expenses of the Department in the

SB1657 Engrossed - 43 - LRB100 08489 RLC 18608 b
1		administration and enforcement of this Act.
2		Section 155. Illinois Administrative Procedure Act;
3		application.
4		(a) All rules required under this Act shall be adopted in
5		accordance with Article 5 of the Illinois Administrative
6		Procedure Act.
7		(b) Article 10 of the Illinois Administrative Procedure Act
8		is expressly adopted and incorporated in this Act as if all of
9		the provisions of that Article were included in this Act,
10		except that the provision of paragraph (d) of Section 10-65 of
11		the Illinois Administrative Procedure Act, which provides that
12		at hearings the registrant or licensee has the right to show
13		compliance with all lawful requirements for retention or
14		continuation or renewal of the license, is specifically
15		excluded. For the purpose of this Act, the notice required
16		under Section 10-25 of the Illinois Administrative Procedure
17		Act is considered sufficient when mailed to the address of
18		record of a party.
19		Section 160. Confidentiality. All information collected by
20		the Department in the course of an examination or investigation
21		of a licensee or applicant, including, but not limited to, any
22		complaint against a licensee filed with the Department and
23		information collected to investigate any such complaint, shall
24		be maintained for the confidential use of the Department and

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1		shall not be disclosed. The Department shall not disclose the
2		information to anyone other than law enforcement officials,
3		regulatory agencies that have an appropriate regulatory
4		interest as determined by the Secretary, or a party presenting
5		a lawful subpoena to the Department. Information and documents
6		disclosed to a federal, State, county, or local law enforcement
7		agency shall not be disclosed by the agency for any purpose to
8		any other agency or person. A formal complaint filed against a
9		licensee by the Department or any order issued by the
10		Department against a licensee or applicant shall be a public
11		record, except as otherwise prohibited by law.
12		Section 165. Rules. The Department shall adopt rules
13		necessary to implement the provisions of this Act no later than
14		180 days after the effective date of this Act. The Department
15		may adopt rules necessary to implement the provisions of this
16		Act through the use of emergency rulemaking in accordance with
17		Section 5-45 of the Illinois Administrative Procedure Act for a
18		period not to exceed 180 days after the effective date of this
19		Act.
20		Section 900. The Regulatory Sunset Act is amended by adding
21		Section 4.38 as follows:
22		(5 ILCS 80/4.38 new)
23		Sec. 4.38. Act repealed on January 1, 2028. The following

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1		Act is repealed on January 1, 2028:
2		The Gun Dealer Licensing Act.
3		Section 905. The Illinois Administrative Procedure Act is
4		amended by changing Section 5-45 as follows:
5		(5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
6		(Text of Section before 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

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1		shall be filed with the rule. The agency shall take reasonable
2		and appropriate measures to make emergency rules known to the
3		persons who may be affected by them.
4		(c) An emergency rule may be effective for a period of not
5		longer than 150 days, but the agency's authority to adopt an
6		identical rule under Section 5-40 is not precluded. No
7		emergency rule may be adopted more than once in any 24-month 24
8		month period, except that this limitation on the number of
9		emergency rules that may be adopted in a 24-month 24 month
10		period does not apply to (i) emergency rules that make
11		additions to and deletions from the Drug Manual under Section
12		5-5.16 of the Illinois Public Aid Code or the generic drug
13		formulary under Section 3.14 of the Illinois Food, Drug and
14		Cosmetic Act, (ii) emergency rules adopted by the Pollution
15		Control Board before July 1, 1997 to implement portions of the
16		Livestock Management Facilities Act, (iii) emergency rules
17		adopted by the Illinois Department of Public Health under
18		subsections (a) through (i) of Section 2 of the Department of
19		Public Health Act when necessary to protect the public's
20		health, (iv) emergency rules adopted pursuant to subsection (n)
21		of this Section, (v) emergency rules adopted pursuant to
22		subsection (o) of this Section, or (vi) emergency rules adopted
23		pursuant to subsection (c-5) of this Section. Two or more
24		emergency rules having substantially the same purpose and
25		effect shall be deemed to be a single rule for purposes of this
26		Section.

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1		(c-5) To facilitate the maintenance of the program of group
2		health benefits provided to annuitants, survivors, and retired
3		employees under the State Employees Group Insurance Act of
4		1971, rules to alter the contributions to be paid by the State,
5		annuitants, survivors, retired employees, or any combination
6		of those entities, for that program of group health benefits,
7		shall be adopted as emergency rules. The adoption of those
8		rules shall be considered an emergency and necessary for the
9		public interest, safety, and welfare.
10		(d) In order to provide for the expeditious and timely
11		implementation of the State's fiscal year 1999 budget,
12		emergency rules to implement any provision of Public Act 90-587
13		or 90-588 or any other budget initiative for fiscal year 1999
14		may be adopted in accordance with this Section by the agency
15		charged with administering that provision or initiative,
16		except that the 24-month limitation on the adoption of
17		emergency rules and the provisions of Sections 5-115 and 5-125
18		do not apply to rules adopted under this subsection (d). The
19		adoption of emergency rules authorized by this subsection (d)
20		shall be deemed to be necessary for the public interest,
21		safety, and welfare.
22		(e) In order to provide for the expeditious and timely
23		implementation of the State's fiscal year 2000 budget,
24		emergency rules to implement any provision of Public Act 91-24
25		or any other budget initiative for fiscal year 2000 may be
26		adopted in accordance with this Section by the agency charged

SB1657 Engrossed - 48 - LRB100 08489 RLC 18608 b
1		with administering that provision or initiative, except that
2		the 24-month limitation on the adoption of emergency rules and
3		the provisions of Sections 5-115 and 5-125 do not apply to
4		rules adopted under this subsection (e). The adoption of
5		emergency rules authorized by this subsection (e) shall be
6		deemed to be necessary for the public interest, safety, and
7		welfare.
8		(f) In order to provide for the expeditious and timely
9		implementation of the State's fiscal year 2001 budget,
10		emergency rules to implement any provision of Public Act 91-712
11		or any other budget initiative for fiscal year 2001 may be
12		adopted in accordance with this Section by the agency charged
13		with administering that provision or initiative, except that
14		the 24-month limitation on the adoption of emergency rules and
15		the provisions of Sections 5-115 and 5-125 do not apply to
16		rules adopted under this subsection (f). The adoption of
17		emergency rules authorized by this subsection (f) shall be
18		deemed to be necessary for the public interest, safety, and
19		welfare.
20		(g) In order to provide for the expeditious and timely
21		implementation of the State's fiscal year 2002 budget,
22		emergency rules to implement any provision of Public Act 92-10
23		or any other budget initiative for fiscal year 2002 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 (g). The adoption of
3		emergency rules authorized by this subsection (g) shall be
4		deemed to be necessary for the public interest, safety, and
5		welfare.
6		(h) In order to provide for the expeditious and timely
7		implementation of the State's fiscal year 2003 budget,
8		emergency rules to implement any provision of Public Act 92-597
9		or any other budget initiative for fiscal year 2003 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 (h). The adoption of
15		emergency rules authorized by this subsection (h) shall be
16		deemed to be necessary for the public interest, safety, and
17		welfare.
18		(i) In order to provide for the expeditious and timely
19		implementation of the State's fiscal year 2004 budget,
20		emergency rules to implement any provision of Public Act 93-20
21		or any other budget initiative for fiscal year 2004 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 (i). The adoption of

SB1657 Engrossed - 50 - LRB100 08489 RLC 18608 b
1		emergency rules authorized by this subsection (i) shall be
2		deemed to be necessary for the public interest, safety, and
3		welfare.
4		(j) In order to provide for the expeditious and timely
5		implementation of the provisions of the State's fiscal year
6		2005 budget as provided under the Fiscal Year 2005 Budget
7		Implementation (Human Services) Act, emergency rules to
8		implement any provision of the Fiscal Year 2005 Budget
9		Implementation (Human Services) Act may be adopted in
10		accordance with this Section by the agency charged with
11		administering that provision, except that the 24-month
12		limitation on the adoption of emergency rules and the
13		provisions of Sections 5-115 and 5-125 do not apply to rules
14		adopted under this subsection (j). The Department of Public Aid
15		may also adopt rules under this subsection (j) necessary to
16		administer the Illinois Public Aid Code and the Children's
17		Health Insurance Program Act. The adoption of emergency rules
18		authorized by this subsection (j) shall be deemed to be
19		necessary for the public interest, safety, and welfare.
20		(k) In order to provide for the expeditious and timely
21		implementation of the provisions of the State's fiscal year
22		2006 budget, emergency rules to implement any provision of
23		Public Act 94-48 or any other budget initiative for fiscal year
24		2006 may be adopted in accordance with this Section by the
25		agency charged with administering that provision or
26		initiative, except that the 24-month limitation on the adoption

SB1657 Engrossed - 51 - LRB100 08489 RLC 18608 b
1		of emergency rules and the provisions of Sections 5-115 and
2		5-125 do not apply to rules adopted under this subsection (k).
3		The Department of Healthcare and Family Services may also adopt
4		rules under this subsection (k) necessary to administer the
5		Illinois Public Aid Code, the Senior Citizens and Persons with
6		Disabilities Property Tax Relief Act, the Senior Citizens and
7		Disabled Persons Prescription Drug Discount Program Act (now
8		the Illinois Prescription Drug Discount Program Act), and the
9		Children's Health Insurance Program Act. The adoption of
10		emergency rules authorized by this subsection (k) shall be
11		deemed to be necessary for the public interest, safety, and
12		welfare.
13		(l) In order to provide for the expeditious and timely
14		implementation of the provisions of the State's fiscal year
15		2007 budget, the Department of Healthcare and Family Services
16		may adopt emergency rules during fiscal year 2007, including
17		rules effective July 1, 2007, in accordance with this
18		subsection to the extent necessary to administer the
19		Department's responsibilities with respect to amendments to
20		the State plans and Illinois waivers approved by the federal
21		Centers for Medicare and Medicaid Services necessitated by the
22		requirements of Title XIX and Title XXI of the federal Social
23		Security Act. The adoption of emergency rules authorized by
24		this subsection (l) shall be deemed to be necessary for the
25		public interest, safety, and welfare.
26		(m) In order to provide for the expeditious and timely

SB1657 Engrossed - 52 - LRB100 08489 RLC 18608 b
1		implementation of the provisions of the State's fiscal year
2		2008 budget, the Department of Healthcare and Family Services
3		may adopt emergency rules during fiscal year 2008, including
4		rules effective July 1, 2008, in accordance with this
5		subsection to the extent necessary to administer the
6		Department's responsibilities with respect to amendments to
7		the State plans and Illinois waivers approved by the federal
8		Centers for Medicare and Medicaid Services necessitated by the
9		requirements of Title XIX and Title XXI of the federal Social
10		Security Act. The adoption of emergency rules authorized by
11		this subsection (m) shall be deemed to be necessary for the
12		public interest, safety, and welfare.
13		(n) In order to provide for the expeditious and timely
14		implementation of the provisions of the State's fiscal year
15		2010 budget, emergency rules to implement any provision of
16		Public Act 96-45 or any other budget initiative authorized by
17		the 96th General Assembly for fiscal year 2010 may be adopted
18		in accordance with this Section by the agency charged with
19		administering that provision or initiative. The adoption of
20		emergency rules authorized by this subsection (n) shall be
21		deemed to be necessary for the public interest, safety, and
22		welfare. The rulemaking authority granted in this subsection
23		(n) shall apply only to rules promulgated during Fiscal Year
24		2010.
25		(o) In order to provide for the expeditious and timely
26		implementation of the provisions of the State's fiscal year

SB1657 Engrossed - 53 - LRB100 08489 RLC 18608 b
1		2011 budget, emergency rules to implement any provision of
2		Public Act 96-958 or any other budget initiative authorized by
3		the 96th General Assembly for fiscal year 2011 may be adopted
4		in accordance with this Section by the agency charged with
5		administering that provision or initiative. The adoption of
6		emergency rules authorized by this subsection (o) is deemed to
7		be necessary for the public interest, safety, and welfare. The
8		rulemaking authority granted in this subsection (o) applies
9		only to rules promulgated on or after July 1, 2010 (the
10		effective date of Public Act 96-958) through June 30, 2011.
11		(p) In order to provide for the expeditious and timely
12		implementation of the provisions of Public Act 97-689,
13		emergency rules to implement any provision of Public Act 97-689
14		may be adopted in accordance with this subsection (p) by the
15		agency charged with administering that provision or
16		initiative. The 150-day limitation of the effective period of
17		emergency rules does not apply to rules adopted under this
18		subsection (p), and the effective period may continue through
19		June 30, 2013. The 24-month limitation on the adoption of
20		emergency rules does not apply to rules adopted under this
21		subsection (p). The adoption of emergency rules authorized by
22		this subsection (p) is deemed to be necessary for the public
23		interest, safety, and welfare.
24		(q) In order to provide for the expeditious and timely
25		implementation of the provisions of Articles 7, 8, 9, 11, and
26		12 of Public Act 98-104, emergency rules to implement any

SB1657 Engrossed - 54 - LRB100 08489 RLC 18608 b
1		provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
2		may be adopted in accordance with this subsection (q) by the
3		agency charged with administering that provision or
4		initiative. The 24-month limitation on the adoption of
5		emergency rules does not apply to rules adopted under this
6		subsection (q). The adoption of emergency rules authorized by
7		this subsection (q) is deemed to be necessary for the public
8		interest, safety, and welfare.
9		(r) In order to provide for the expeditious and timely
10		implementation of the provisions of Public Act 98-651,
11		emergency rules to implement Public Act 98-651 may be adopted
12		in accordance with this subsection (r) by the Department of
13		Healthcare and Family Services. The 24-month limitation on the
14		adoption of emergency rules does not apply to rules adopted
15		under this subsection (r). The adoption of emergency rules
16		authorized by this subsection (r) is deemed to be necessary for
17		the public interest, safety, and welfare.
18		(s) In order to provide for the expeditious and timely
19		implementation of the provisions of Sections 5-5b.1 and 5A-2 of
20		the Illinois Public Aid Code, emergency rules to implement any
21		provision of Section 5-5b.1 or Section 5A-2 of the Illinois
22		Public Aid Code may be adopted in accordance with this
23		subsection (s) by the Department of Healthcare and Family
24		Services. The rulemaking authority granted in this subsection
25		(s) shall apply only to those rules adopted prior to July 1,
26		2015. Notwithstanding any other provision of this Section, any

SB1657 Engrossed - 55 - LRB100 08489 RLC 18608 b
1		emergency rule adopted under this subsection (s) shall only
2		apply to payments made for State fiscal year 2015. The adoption
3		of emergency rules authorized by this subsection (s) is deemed
4		to be necessary for the public interest, safety, and welfare.
5		(t) In order to provide for the expeditious and timely
6		implementation of the provisions of Article II of Public Act
7		99-6, emergency rules to implement the changes made by Article
8		II of Public Act 99-6 to the Emergency Telephone System Act may
9		be adopted in accordance with this subsection (t) by the
10		Department of State Police. The rulemaking authority granted in
11		this subsection (t) shall apply only to those rules adopted
12		prior to July 1, 2016. The 24-month limitation on the adoption
13		of emergency rules does not apply to rules adopted under this
14		subsection (t). The adoption of emergency rules authorized by
15		this subsection (t) is deemed to be necessary for the public
16		interest, safety, and welfare.
17		(u) In order to provide for the expeditious and timely
18		implementation of the provisions of the Burn Victims Relief
19		Act, emergency rules to implement any provision of the Act may
20		be adopted in accordance with this subsection (u) by the
21		Department of Insurance. The rulemaking authority granted in
22		this subsection (u) shall apply only to those rules adopted
23		prior to December 31, 2015. The adoption of emergency rules
24		authorized by this subsection (u) is deemed to be necessary for
25		the public interest, safety, and welfare.
26		(v) In order to provide for the expeditious and timely

SB1657 Engrossed - 56 - LRB100 08489 RLC 18608 b
1		implementation of the provisions of Public Act 99-516 this
2		amendatory Act of the 99th General Assembly, emergency rules to
3		implement Public Act 99-516 this amendatory Act of the 99th
4		General Assembly may be adopted in accordance with this
5		subsection (v) by the Department of Healthcare and Family
6		Services. The 24-month limitation on the adoption of emergency
7		rules does not apply to rules adopted under this subsection
8		(v). The adoption of emergency rules authorized by this
9		subsection (v) is deemed to be necessary for the public
10		interest, safety, and welfare.
11		(w) (v) In order to provide for the expeditious and timely
12		implementation of the provisions of Public Act 99-796 this
13		amendatory Act of the 99th General Assembly, emergency rules to
14		implement the changes made by Public Act 99-796 this amendatory
15		Act of the 99th General Assembly may be adopted in accordance
16		with this subsection (w) (v) by the Adjutant General. The
17		adoption of emergency rules authorized by this subsection (w)
18		(v) is deemed to be necessary for the public interest, safety,
19		and welfare.
20		(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13;
21		98-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16;
22		99-143, eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff.
23		6-30-16; 99-642, eff. 7-28-16; 99-796, eff. 1-1-17; revised
24		9-21-16.)
25		(Text of Section after amendment by P.A. 99-906)

SB1657 Engrossed - 57 - LRB100 08489 RLC 18608 b
1		Sec. 5-45. Emergency rulemaking.
2		(a) "Emergency" means the existence of any situation that
3		any agency finds reasonably constitutes a threat to the public
4		interest, safety, or welfare.
5		(b) If any agency finds that an emergency exists that
6		requires adoption of a rule upon fewer days than is required by
7		Section 5-40 and states in writing its reasons for that
8		finding, the agency may adopt an emergency rule without prior
9		notice or hearing upon filing a notice of emergency rulemaking
10		with the Secretary of State under Section 5-70. The notice
11		shall include the text of the emergency rule and shall be
12		published in the Illinois Register. Consent orders or other
13		court orders adopting settlements negotiated by an agency may
14		be adopted under this Section. Subject to applicable
15		constitutional or statutory provisions, an emergency rule
16		becomes effective immediately upon filing under Section 5-65 or
17		at a stated date less than 10 days thereafter. The agency's
18		finding and a statement of the specific reasons for the finding
19		shall be filed with the rule. The agency shall take reasonable
20		and appropriate measures to make emergency rules known to the
21		persons who may be affected by them.
22		(c) An emergency rule may be effective for a period of not
23		longer than 150 days, but the agency's authority to adopt an
24		identical rule under Section 5-40 is not precluded. No
25		emergency rule may be adopted more than once in any 24-month
26		period, except that this limitation on the number of emergency

SB1657 Engrossed - 58 - LRB100 08489 RLC 18608 b
1		rules that may be adopted in a 24-month period does not apply
2		to (i) emergency rules that make additions to and deletions
3		from the Drug Manual under Section 5-5.16 of the Illinois
4		Public Aid Code or the generic drug formulary under Section
5		3.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
6		emergency rules adopted by the Pollution Control Board before
7		July 1, 1997 to implement portions of the Livestock Management
8		Facilities Act, (iii) emergency rules adopted by the Illinois
9		Department of Public Health under subsections (a) through (i)
10		of Section 2 of the Department of Public Health Act when
11		necessary to protect the public's health, (iv) emergency rules
12		adopted pursuant to subsection (n) of this Section, (v)
13		emergency rules adopted pursuant to subsection (o) of this
14		Section, or (vi) emergency rules adopted pursuant to subsection
15		(c-5) of this Section. Two or more emergency rules having
16		substantially the same purpose and effect shall be deemed to be
17		a single rule for purposes of this Section.
18		(c-5) To facilitate the maintenance of the program of group
19		health benefits provided to annuitants, survivors, and retired
20		employees under the State Employees Group Insurance Act of
21		1971, rules to alter the contributions to be paid by the State,
22		annuitants, survivors, retired employees, or any combination
23		of those entities, for that program of group health benefits,
24		shall be adopted as emergency rules. The adoption of those
25		rules shall be considered an emergency and necessary for the
26		public interest, safety, and welfare.

SB1657 Engrossed - 59 - LRB100 08489 RLC 18608 b
1		(d) In order to provide for the expeditious and timely
2		implementation of the State's fiscal year 1999 budget,
3		emergency rules to implement any provision of Public Act 90-587
4		or 90-588 or any other budget initiative for fiscal year 1999
5		may be adopted in accordance with this Section by the agency
6		charged with administering that provision or initiative,
7		except that the 24-month limitation on the adoption of
8		emergency rules and the provisions of Sections 5-115 and 5-125
9		do not apply to rules adopted under this subsection (d). The
10		adoption of emergency rules authorized by this subsection (d)
11		shall be deemed to be necessary for the public interest,
12		safety, and welfare.
13		(e) In order to provide for the expeditious and timely
14		implementation of the State's fiscal year 2000 budget,
15		emergency rules to implement any provision of Public Act 91-24
16		or any other budget initiative for fiscal year 2000 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 (e). The adoption of
22		emergency rules authorized by this subsection (e) shall be
23		deemed to be necessary for the public interest, safety, and
24		welfare.
25		(f) In order to provide for the expeditious and timely
26		implementation of the State's fiscal year 2001 budget,

SB1657 Engrossed - 60 - LRB100 08489 RLC 18608 b
1		emergency rules to implement any provision of Public Act 91-712
2		or any other budget initiative for fiscal year 2001 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 (f). The adoption of
8		emergency rules authorized by this subsection (f) shall be
9		deemed to be necessary for the public interest, safety, and
10		welfare.
11		(g) In order to provide for the expeditious and timely
12		implementation of the State's fiscal year 2002 budget,
13		emergency rules to implement any provision of Public Act 92-10
14		or any other budget initiative for fiscal year 2002 may be
15		adopted in accordance with this Section by the agency charged
16		with administering that provision or initiative, except that
17		the 24-month limitation on the adoption of emergency rules and
18		the provisions of Sections 5-115 and 5-125 do not apply to
19		rules adopted under this subsection (g). The adoption of
20		emergency rules authorized by this subsection (g) shall be
21		deemed to be necessary for the public interest, safety, and
22		welfare.
23		(h) In order to provide for the expeditious and timely
24		implementation of the State's fiscal year 2003 budget,
25		emergency rules to implement any provision of Public Act 92-597
26		or any other budget initiative for fiscal year 2003 may be

SB1657 Engrossed - 61 - LRB100 08489 RLC 18608 b
1		adopted in accordance with this Section by the agency charged
2		with administering that provision or initiative, except that
3		the 24-month limitation on the adoption of emergency rules and
4		the provisions of Sections 5-115 and 5-125 do not apply to
5		rules adopted under this subsection (h). The adoption of
6		emergency rules authorized by this subsection (h) shall be
7		deemed to be necessary for the public interest, safety, and
8		welfare.
9		(i) In order to provide for the expeditious and timely
10		implementation of the State's fiscal year 2004 budget,
11		emergency rules to implement any provision of Public Act 93-20
12		or any other budget initiative for fiscal year 2004 may be
13		adopted in accordance with this Section by the agency charged
14		with administering that provision or initiative, except that
15		the 24-month limitation on the adoption of emergency rules and
16		the provisions of Sections 5-115 and 5-125 do not apply to
17		rules adopted under this subsection (i). The adoption of
18		emergency rules authorized by this subsection (i) shall be
19		deemed to be necessary for the public interest, safety, and
20		welfare.
21		(j) In order to provide for the expeditious and timely
22		implementation of the provisions of the State's fiscal year
23		2005 budget as provided under the Fiscal Year 2005 Budget
24		Implementation (Human Services) Act, emergency rules to
25		implement any provision of the Fiscal Year 2005 Budget
26		Implementation (Human Services) Act may be adopted in

SB1657 Engrossed - 62 - LRB100 08489 RLC 18608 b
1		accordance with this Section by the agency charged with
2		administering that provision, except that the 24-month
3		limitation on the adoption of emergency rules and the
4		provisions of Sections 5-115 and 5-125 do not apply to rules
5		adopted under this subsection (j). The Department of Public Aid
6		may also adopt rules under this subsection (j) necessary to
7		administer the Illinois Public Aid Code and the Children's
8		Health Insurance Program Act. The adoption of emergency rules
9		authorized by this subsection (j) shall be deemed to be
10		necessary for the public interest, safety, and welfare.
11		(k) In order to provide for the expeditious and timely
12		implementation of the provisions of the State's fiscal year
13		2006 budget, emergency rules to implement any provision of
14		Public Act 94-48 or any other budget initiative for fiscal year
15		2006 may be adopted in accordance with this Section by the
16		agency charged with administering that provision or
17		initiative, except that the 24-month limitation on the adoption
18		of emergency rules and the provisions of Sections 5-115 and
19		5-125 do not apply to rules adopted under this subsection (k).
20		The Department of Healthcare and Family Services may also adopt
21		rules under this subsection (k) necessary to administer the
22		Illinois Public Aid Code, the Senior Citizens and Persons with
23		Disabilities Property Tax Relief Act, the Senior Citizens and
24		Disabled Persons Prescription Drug Discount Program Act (now
25		the Illinois Prescription Drug Discount Program Act), and the
26		Children's Health Insurance Program Act. The adoption of

SB1657 Engrossed - 63 - LRB100 08489 RLC 18608 b
1		emergency rules authorized by this subsection (k) shall be
2		deemed to be necessary for the public interest, safety, and
3		welfare.
4		(l) In order to provide for the expeditious and timely
5		implementation of the provisions of the State's fiscal year
6		2007 budget, the Department of Healthcare and Family Services
7		may adopt emergency rules during fiscal year 2007, including
8		rules effective July 1, 2007, in accordance with this
9		subsection to the extent necessary to administer the
10		Department's responsibilities with respect to amendments to
11		the State plans and Illinois waivers approved by the federal
12		Centers for Medicare and Medicaid Services necessitated by the
13		requirements of Title XIX and Title XXI of the federal Social
14		Security Act. The adoption of emergency rules authorized by
15		this subsection (l) shall be deemed to be necessary for the
16		public interest, safety, and welfare.
17		(m) In order to provide for the expeditious and timely
18		implementation of the provisions of the State's fiscal year
19		2008 budget, the Department of Healthcare and Family Services
20		may adopt emergency rules during fiscal year 2008, including
21		rules effective July 1, 2008, in accordance with this
22		subsection to the extent necessary to administer the
23		Department's responsibilities with respect to amendments to
24		the State plans and Illinois waivers approved by the federal
25		Centers for Medicare and Medicaid Services necessitated by the
26		requirements of Title XIX and Title XXI of the federal Social

SB1657 Engrossed - 64 - LRB100 08489 RLC 18608 b
1		Security Act. The adoption of emergency rules authorized by
2		this subsection (m) shall be deemed to be necessary for the
3		public interest, safety, and welfare.
4		(n) In order to provide for the expeditious and timely
5		implementation of the provisions of the State's fiscal year
6		2010 budget, emergency rules to implement any provision of
7		Public Act 96-45 or any other budget initiative authorized by
8		the 96th General Assembly for fiscal year 2010 may be adopted
9		in accordance with this Section by the agency charged with
10		administering that provision or initiative. The adoption of
11		emergency rules authorized by this subsection (n) shall be
12		deemed to be necessary for the public interest, safety, and
13		welfare. The rulemaking authority granted in this subsection
14		(n) shall apply only to rules promulgated during Fiscal Year
15		2010.
16		(o) In order to provide for the expeditious and timely
17		implementation of the provisions of the State's fiscal year
18		2011 budget, emergency rules to implement any provision of
19		Public Act 96-958 or any other budget initiative authorized by
20		the 96th General Assembly for fiscal year 2011 may be adopted
21		in accordance with this Section by the agency charged with
22		administering that provision or initiative. The adoption of
23		emergency rules authorized by this subsection (o) is deemed to
24		be necessary for the public interest, safety, and welfare. The
25		rulemaking authority granted in this subsection (o) applies
26		only to rules promulgated on or after July 1, 2010 (the

SB1657 Engrossed - 65 - LRB100 08489 RLC 18608 b
1		effective date of Public Act 96-958) through June 30, 2011.
2		(p) In order to provide for the expeditious and timely
3		implementation of the provisions of Public Act 97-689,
4		emergency rules to implement any provision of Public Act 97-689
5		may be adopted in accordance with this subsection (p) by the
6		agency charged with administering that provision or
7		initiative. The 150-day limitation of the effective period of
8		emergency rules does not apply to rules adopted under this
9		subsection (p), and the effective period may continue through
10		June 30, 2013. The 24-month limitation on the adoption of
11		emergency rules does not apply to rules adopted under this
12		subsection (p). The adoption of emergency rules authorized by
13		this subsection (p) is deemed to be necessary for the public
14		interest, safety, and welfare.
15		(q) In order to provide for the expeditious and timely
16		implementation of the provisions of Articles 7, 8, 9, 11, and
17		12 of Public Act 98-104, emergency rules to implement any
18		provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
19		may be adopted in accordance with this subsection (q) by the
20		agency charged with administering that provision or
21		initiative. The 24-month limitation on the adoption of
22		emergency rules does not apply to rules adopted under this
23		subsection (q). The adoption of emergency rules authorized by
24		this subsection (q) is deemed to be necessary for the public
25		interest, safety, and welfare.
26		(r) In order to provide for the expeditious and timely

SB1657 Engrossed - 66 - LRB100 08489 RLC 18608 b
1		implementation of the provisions of Public Act 98-651,
2		emergency rules to implement Public Act 98-651 may be adopted
3		in accordance with this subsection (r) by the Department of
4		Healthcare and Family Services. The 24-month limitation on the
5		adoption of emergency rules does not apply to rules adopted
6		under this subsection (r). The adoption of emergency rules
7		authorized by this subsection (r) is deemed to be necessary for
8		the public interest, safety, and welfare.
9		(s) In order to provide for the expeditious and timely
10		implementation of the provisions of Sections 5-5b.1 and 5A-2 of
11		the Illinois Public Aid Code, emergency rules to implement any
12		provision of Section 5-5b.1 or Section 5A-2 of the Illinois
13		Public Aid Code may be adopted in accordance with this
14		subsection (s) by the Department of Healthcare and Family
15		Services. The rulemaking authority granted in this subsection
16		(s) shall apply only to those rules adopted prior to July 1,
17		2015. Notwithstanding any other provision of this Section, any
18		emergency rule adopted under this subsection (s) shall only
19		apply to payments made for State fiscal year 2015. The adoption
20		of emergency rules authorized by this subsection (s) is deemed
21		to be necessary for the public interest, safety, and welfare.
22		(t) In order to provide for the expeditious and timely
23		implementation of the provisions of Article II of Public Act
24		99-6, emergency rules to implement the changes made by Article
25		II of Public Act 99-6 to the Emergency Telephone System Act may
26		be adopted in accordance with this subsection (t) by the

SB1657 Engrossed - 67 - LRB100 08489 RLC 18608 b
1		Department of State Police. The rulemaking authority granted in
2		this subsection (t) shall apply only to those rules adopted
3		prior to July 1, 2016. The 24-month limitation on the adoption
4		of emergency rules does not apply to rules adopted under this
5		subsection (t). The adoption of emergency rules authorized by
6		this subsection (t) is deemed to be necessary for the public
7		interest, safety, and welfare.
8		(u) In order to provide for the expeditious and timely
9		implementation of the provisions of the Burn Victims Relief
10		Act, emergency rules to implement any provision of the Act may
11		be adopted in accordance with this subsection (u) by the
12		Department of Insurance. The rulemaking authority granted in
13		this subsection (u) shall apply only to those rules adopted
14		prior to December 31, 2015. The adoption of emergency rules
15		authorized by this subsection (u) is deemed to be necessary for
16		the public interest, safety, and welfare.
17		(v) In order to provide for the expeditious and timely
18		implementation of the provisions of Public Act 99-516,
19		emergency rules to implement Public Act 99-516 may be adopted
20		in accordance with this subsection (v) by the Department of
21		Healthcare and Family Services. The 24-month limitation on the
22		adoption of emergency rules does not apply to rules adopted
23		under this subsection (v). The adoption of emergency rules
24		authorized by this subsection (v) is deemed to be necessary for
25		the public interest, safety, and welfare.
26		(w) In order to provide for the expeditious and timely

SB1657 Engrossed - 68 - LRB100 08489 RLC 18608 b
1		implementation of the provisions of Public Act 99-796,
2		emergency rules to implement the changes made by Public Act
3		99-796 may be adopted in accordance with this subsection (w) by
4		the Adjutant General. The adoption of emergency rules
5		authorized by this subsection (w) is deemed to be necessary for
6		the public interest, safety, and welfare.
7		(x) In order to provide for the expeditious and timely
8		implementation of the provisions of Public Act 99-906 this
9		amendatory Act of the 99th General Assembly, emergency rules to
10		implement subsection (i) of Section 16-115D, subsection (g) of
11		Section 16-128A, and subsection (a) of Section 16-128B of the
12		Public Utilities Act may be adopted in accordance with this
13		subsection (x) by the Illinois Commerce Commission. The
14		rulemaking authority granted in this subsection (x) shall apply
15		only to those rules adopted within 180 days after June 1, 2017
16		(the effective date of Public Act 99-906) this amendatory Act
17		of the 99th General Assembly. The adoption of emergency rules
18		authorized by this subsection (x) is deemed to be necessary for
19		the public interest, safety, and welfare.
20		(y) In order to provide for the expeditious and timely
21		implementation of the provisions of the Gun Dealer Licensing
22		Act, emergency rules to implement any provision of the Act may
23		be adopted in accordance with this subsection (y) by the
24		Department of Financial and Professional Regulation. The
25		rulemaking authority granted in this subsection (y) shall apply
26		only to those rules adopted no later than one year after the

SB1657 Engrossed - 69 - LRB100 08489 RLC 18608 b
1		effective date of this amendatory Act of the 100th General
2		Assembly. The adoption of emergency rules authorized by this
3		subsection (y) is deemed to be necessary for the public
4		interest, safety, and welfare.
5		(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13;
6		98-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16;
7		99-143, eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff.
8		6-30-16; 99-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906,
9		eff. 6-1-17; revised 1-1-17.)