98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1760

Introduced 2/15/2013, by Sen. Dale A. Righter

SYNOPSIS AS INTRODUCED:
430 ILCS 65/5 from Ch. 38, par. 83-5

Amends the Firearm Owners Identification Card Act. Provides that if the Department of State Police fails to either approve or deny an application for a Firearm Owner's Identification Card within 30 days from the date it is received, the applicant may file, in the circuit court of the judicial circuit in which the applicant resides, a complaint for mandamus to compel a decision on the application. Provides that if the applicant prevails, he or she shall be entitled to all costs, fees, and damages. Provides that the applicant shall also be entitled to punitive damages of $1,000 per day commencing on the 31st day that the application has not been approved. Provides that for the purposes of this Act, the Department shall be considered to have received an application when either the Department or anyone acting as its agent or on its behalf receives a completed application with the required fee.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

SB1760LRB098 09849 RLC 40005 b
1 AN ACT concerning safety.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Firearm Owners Identification Card Act is
5amended by changing Section 5 as follows:
6 (430 ILCS 65/5) (from Ch. 38, par. 83-5)
7 Sec. 5.
8 (a) The Department of State Police shall either approve or
9deny all applications within 30 days from the date they are
10received, and every applicant found qualified pursuant to
11Section 8 of this Act by the Department shall be entitled to a
12Firearm Owner's Identification Card upon the payment of a $10
13fee. Any applicant who is an active duty member of the Armed
14Forces of the United States, a member of the Illinois National
15Guard, or a member of the Reserve Forces of the United States
16is exempt from the application fee. $6 of each fee derived from
17the issuance of Firearm Owner's Identification Cards, or
18renewals thereof, shall be deposited in the Wildlife and Fish
19Fund in the State Treasury; $1 of such fee shall be deposited
20in the State Police Services Fund and $3 of such fee shall be
21deposited in the Firearm Owner's Notification Fund. Monies in
22the Firearm Owner's Notification Fund shall be used exclusively
23to pay for the cost of sending notices of expiration of Firearm

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1Owner's Identification Cards under Section 13.2 of this Act.
2Excess monies in the Firearm Owner's Notification Fund shall be
3used to ensure the prompt and efficient processing of
4applications received under Section 4 of this Act.
5 (b) If the Department fails to either approve or deny the
6application within the 30 days, the applicant may file, in the
7circuit court of the judicial circuit in which the applicant
8resides, a complaint for mandamus to compel a decision on the
9application. If the applicant prevails, he or she shall be
10entitled to all costs, fees, and damages. The applicant shall
11also be entitled to punitive damages of $1,000 per day
12commencing on the 31st day that the application has not been
13approved. For the purposes of this Act, the Department shall be
14considered to have received an application when either the
15Department or anyone acting as its agent or on its behalf
16receives a completed application with the required fee.
17(Source: P.A. 95-581, eff. 6-1-08; 96-91, eff. 7-27-09.)