SB3098sam001 101ST GENERAL ASSEMBLY

Sen. Heather A. Steans

Filed: 2/24/2020

10100SB3098sam001 LRB101 16896 RJF 70390 a

AMENDMENT TO SENATE BILL 3098

AMENDMENT NO. ______. Amend Senate Bill 3098 by replacing everything after the enacting clause with the following:

"Section 5. The Department of State Police Law of the Civil Administrative Code of Illinois is amended by changing Section 2605-595 as follows:

(20 ILCS 2605/2605-595)

Sec. 2605-595. State Police Firearm Services Fund.

(a) There is created in the State treasury a special fund known as the State Police Firearm Services Fund. The Fund shall receive revenue under the Firearm Concealed Carry Act, the Firearm Dealer License Certification Act, and Section 5 of the Firearm Owners Identification Card Act. The Fund may also receive revenue from grants, pass-through grants, donations, appropriations, and any other legal source.

(a-5) Notwithstanding any other provision of law to the contrary, and in addition to any other transfers that may be provided by law, on the effective date of this amendatory Act of the 101st General Assembly, or as soon thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer the remaining balance from the Firearm Dealer License Certification Fund into the State Police Firearm Services Fund. Upon completion of the transfer, the Firearm Dealer License Certification Fund is dissolved, and any future deposits due to that Fund and any outstanding obligations or liabilities of that Fund shall pass to the State Police Firearm Services Fund.

(b) The Department of State Police may use moneys in the Fund to finance any of its lawful purposes, mandates, functions, and duties under the Firearm Owners Identification Card Act, the Firearm Dealer License Certification Act, and the Firearm Concealed Carry Act, including the cost of sending notices of expiration of Firearm Owner's Identification Cards, concealed carry licenses, the prompt and efficient processing of applications under the Firearm Owners Identification Card Act and the Firearm Concealed Carry Act, the improved efficiency and reporting of the LEADS and federal NICS law enforcement data systems, and support for investigations required under these Acts and law. Any surplus funds beyond what is needed to comply with the aforementioned purposes shall be used by the Department to improve the Law Enforcement Agencies Data System (LEADS) and criminal history background check system.

(c) Investment income that is attributable to the investment of moneys in the Fund shall be retained in the Fund for the uses specified in this Section.

(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)

Section 10. The State Finance Act is amended by changing Sections 5.664 and 5.892 as follows:

(30 ILCS 105/5.664)

Sec. 5.664. The State Police Vehicle Maintenance Fund. This Fund is dissolved upon the transfer of the remaining balance from the State Police Vehicle Maintenance Fund to the State Police Vehicle Fund as provided under subsection (b) of Section 7c of the State Property Control Act. This Section is repealed on January 1, 2022.

(Source: P.A. 94-839, eff. 6-6-06.)

(30 ILCS 105/5.892)

Sec. 5.892. The Firearm Dealer License Certification Fund. This Fund is dissolved upon the transfer of the remaining balance from the Firearm Dealer License Certification Fund to the State Police Firearm Services Fund as provided under subsection (a-5) of Section 2605-595 of the Department of State Police Law of the Civil Administrative Code of Illinois. This Section is repealed on January 1, 2022.

(Source: P.A. 100-1178, eff. 1-18-19; 101-81, eff. 7-12-19.)

Section 15. The State Property Control Act is amended by changing Sections 7b and 7c as follows:

(30 ILCS 605/7b)

Sec. 7b. Maintenance and operation of State Police vehicles. All proceeds received by the Department of Central Management Services under this Act from the sale of vehicles operated by the Department of State Police, except for a $500 handling fee to be retained by the Department of Central Management Services for each vehicle sold, shall be deposited into the State Police Vehicle Fund State Police Vehicle Maintenance Fund. However, in lieu of the $500 handling fee as provided by this paragraph, the Department of Central Management Services shall retain all proceeds from the sale of any vehicle for which $500 or a lesser amount is collected.

The State Police Vehicle Maintenance Fund is created as a special fund in the State treasury. All moneys in the State Police Vehicle Maintenance Fund, subject to appropriation, shall be used by the Department of State Police for the maintenance and operation of vehicles for that Department.

(Source: P.A. 94-839, eff. 6-6-06.)

(30 ILCS 605/7c)

Sec. 7c. Acquisition of State Police vehicles.

(a) The State Police Vehicle Fund is created as a special fund in the State treasury. All moneys in the Fund, subject to appropriation, shall be used by the Department of State Police:

(1) for the acquisition of vehicles for that Department; or

(2) for debt service on bonds issued to finance the acquisition of vehicles for that Department; or .

(3) for the maintenance and operation of vehicles for that Department.

(b) Notwithstanding any other provision of law to the contrary, and in addition to any other transfers that may be provided by law, on the effective date of this amendatory Act of the 101st General Assembly, or as soon thereafter as practicable, the State Comptroller shall direct and the State Treasurer shall transfer the remaining balance from the State Police Vehicle Maintenance Fund into the State Police Vehicle Fund. Upon completion of the transfer, the State Police Vehicle Maintenance Fund is dissolved, and any future deposits due to that Fund and any outstanding obligations or liabilities of that Fund shall pass to the State Police Vehicle Fund.

(Source: P.A. 100-987, eff. 7-1-19.)

Section 20. The Firearm Dealer License Certification Act is amended by changing Section 5-70 as follows:

(430 ILCS 68/5-70)

Sec. 5-70. Fees and fines deposited in the State Police Firearm Services Fund Firearm Dealer License Certification Fund. The Department shall set and collect a fee for each licensee certifying under this Act. The fee may not exceed $300 for a certified licensee operating without a retail location. The fee may not exceed $1,500 for any certified licensee operating with a retail location. The Department may not charge a certified licensee in this State, operating under the same or different business name, fees exceeding $40,000 for the certification of multiple licenses. All fees and fines collected under this Act shall be deposited in the State Police Firearm Services Fund Firearm Dealer License Certification Fund which is created in the State treasury. Moneys in the Fund shall be used for implementation and administration of this Act.

(Source: P.A. 100-1178, eff. 1-18-19.)

Section 99. Effective date. This Act takes effect upon becoming law.".