Rep. Kevin John Olickal

Filed: 3/4/2026

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1 AMENDMENT TO HOUSE BILL 3320

2 AMENDMENT NO. ______. Amend House Bill 3320 by replacing

3 everything after the enacting clause with the following:

4 "Section 1. Short title. This Act may be cited as the

5 Responsibility in Firearm Legislation Act.

6 Section 5. Findings and purpose. The General Assembly

7 finds that the people of the State of Illinois have incurred

8 undue direct costs and financial burdens from injuries and

9 deaths as a result of the use of firearms in this State.

10 Therefore, to protect the health, safety, and welfare of the

11 people of the State of Illinois, it is necessary that firearm

12 manufacturers who generate substantial public costs share the

13 financial consequences of their for-profit activity with the

14 public and obtain licensing to sell, distribute, or import in

15 Illinois. The proceeds of licensing under this Act are

16 intended to be distributed within the State for community

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1 violence intervention, victim services, evidence-based

2 high-risk youth intervention services, and evidence-based

3 violence prevention services and must be substantially related

4 to reducing public costs and harms created by firearm injury.

5 Section 10. Definitions. In this Act, unless the context

6 requires otherwise:

7 "Direct costs" means costs incurred for any one or more of

8 the following: medical treatment and care; medical devices and

9 prescription drugs; mental health treatment provided by a

10 psychiatrist, psychologist, social worker, or behavioral

11 therapist; physical therapy, occupational therapy, and

12 rehabilitation services; funeral, burial, and cremation

13 services; emergency transportation; lost wages; emergency

14 relocation; property damage; legal services; or emergency

15 child or dependent care.

16 "Distributor of firearms" or "distributor" means a person

17 who supplies firearms to retailers or other businesses that

18 sell firearms to consumers in this State.

19 "Evidence-based high-risk youth intervention services" has

20 the same meaning given to that term in the Reimagine Public

21 Safety Act.

22 "Evidence-based violence prevention services" has the same

23 meaning given to that term in the Reimagine Public Safety Act.

24 "Experience rating" means a rating determined by the

25 Agency by rule that correlates with the number of firearms

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1 recovered in a given year in connection with incidents

2 involving firearm injuries and firearm deaths that are linked

3 to a specific manufacturer in the State, regardless of the

4 origin of purchase, taking into account the number of firearm

5 injuries and firearm deaths associated with each firearm

6 recovered, regardless of modifications or accessories added to

7 the firearm after manufacturing, divided by the total number

8 of firearms recovered in connection with those incidents in

9 that same year.

10 "Finished firearm" means a firearm other than a firearm

11 muffler or firearm silencer that contains all component parts

12 necessary to function, whether or not assembled or operable.

13 "Firearm" has the same meaning given to that term in the

14 Firearm Owners Identification Card Act.

15 "Firearm death" means the death of a person that is the

16 direct or proximate result of a high-velocity projectile fired

17 from a firearm. "Firearm death" includes suicides and

18 homicides.

19 "Firearm injury" means a physical, mental, or emotional

20 injury to a person that is the direct or proximate result of a

21 high-velocity projectile fired from a firearm, whether

22 self-inflicted, accidental, or intentional.

23 "Firearm trade show" means either (i) a professional

24 industry event in which firearm manufacturers, firearm

25 wholesalers, and firearm distributors showcase new firearm

26 products and firearm-related products, negotiate deals, and

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1 network or (ii) a public event in which federally licensed

2 dealers and, in some cases, private collectors or private

3 sellers gather to display and sell firearms, ammunition, and

4 outdoor gear directly to the general public.

5 "Importer" means any person that brings one or more

6 manufactured firearms into the State of Illinois.

7 "Licensed dealer" means any person engaged in the business

8 of selling guns for profit and who is legally authorized by

9 federal and State authorities to manufacture, import, or sell

10 firearms.

11 "Manufacturer" means a person with a Federal Firearms

12 License who manufactures and sells finished firearms to

13 consumers, distributors, or retailers in this State.

14 "Manufacturer" does not include a person that manufactured or

15 sold less than 10 firearms in the last 3 years.

16 "Organizer of a firearm trade show" means a person

17 responsible for planning, coordinating, and managing all

18 aspects of a firearm trade show.

19 "Private seller" means a person who makes occasional sales

20 from the person's personal collection of firearms and is not

21 required to have a Federal Firearms License.

22 "Retailer of firearms" or "retailer" means a person that

23 sells firearms directly to consumers in this State.

24 "RIFL Agency" or "Agency" means the Responsibility in

25 Firearm Legislation Agency established under Section 15 of

26 this Act.

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1 "RIFL Board" or "Board" means the Board of Directors

2 supervising and directing the RIFL Agency, as appointed under

3 Section 20 of this Act.

4 "RIFL Fund" or "Fund" means the Responsibility in Firearm

5 Legislation Fund created under Section 35 of this Act.

6 "RIFL License" or "license" means a Responsibility in

7 Firearm Legislation License granted by the RIFL Agency under

8 Section 30 of this Act.

9 "Sponsor of a firearm trade show" means a person that

10 funds or provides resources for specific parts of a firearm

11 trade show in exchange for prominent marketing, visibility,

12 and networking opportunities with industry professionals and

13 consumers.

14 "Total annual aggregate fee" means the sum of all license

15 fees imposed over one year on manufacturers under this Act.

16 Section 15. Responsibility in Firearm Legislation Agency.

17 For the purpose of effectuating the policy declared in Section

18 5 of this Act, there is established in the Executive Branch of

19 the State Government an independent agency to be known as the

20 Responsibility in Firearm Legislation Agency. This RIFL Agency

21 shall be under the supervision and direction of a Board of

22 Directors as described in Section 20 of this Act. The RIFL

23 Agency shall have the powers and duties enumerated in this

24 Act, with such other powers and duties conferred upon it by

25 law.

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1 Section 20. Responsibility in Firearm Legislation Agency

2 Board of Directors.

3 (a) The Board of Directors of the RIFL Agency shall be

4 appointed as follows:

5 (1) The Governor shall appoint the Board of Directors

6 of the RIFL Agency with the advice and consent of the

7 Senate. The Board shall supervise and direct the RIFL

8 Agency established under Section 15 of this Act.

9 (2) The Board shall have 9 members as follows:

10 (A) Three members who are representatives from

11 private industry. One of the 3 members shall be

12 licensed to practice law in the State of Illinois, and

13 one member shall be a representative of the firearm

14 industry.

15 (B) Three members who are representatives from

16 health professions, licensed in the State of Illinois

17 and with experience in the treatment of patients who

18 have suffered firearm injuries. At least one member

19 must hold a Medical Doctorate or Doctor of Osteopathic

20 Medicine and one member must be a licensed

21 psychiatrist, psychologist, psychotherapist, or

22 behavioral therapist.

23 (C) One member who is a highly respected legal

24 scholar. The Chief Justice of the Illinois Supreme

25 Court may submit a nomination under this subparagraph

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1 (C) to the Governor.

2 (D) One member who is an economist who provides

3 analysis in commercial litigation or a certified

4 public accountant and who does not work in a similar

5 industry or field as any other representative.

6 (E) One member who is an executive director of a

7 community violence intervention organization.

8 (3) Members of the Board shall serve for a term of 4

9 years. No member may serve for more than 2 consecutive

10 terms.

11 (4) Vacancies shall be filled by the Board as

12 described under this subsection (a). An interim member

13 appointed by the Board by majority vote shall serve for

14 the remainder of the term or until a replacement can be

15 appointed by the Governor, as follows:

16 (A) Vacancies under subparagraphs (C), (D), and

17 (E) of paragraph (2) of this subsection (a) shall be

18 filled by majority vote of any remaining members under

19 subparagraphs (C), (D), and (E) of paragraph (2) of

20 this subsection (a).

21 (B) Vacancies under subparagraphs (A) and (B) of

22 paragraph (2) of this subsection (a) shall be filled

23 by majority vote of any remaining members under

24 subparagraphs (A) and (B) of paragraph (2) of this

25 subsection (a).

26 If no candidate receives a majority of votes under

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1 this paragraph (4), then the candidate with the fewest

2 votes is disqualified and a new vote will be made for the

3 remaining candidates. This shall continue until one

4 candidate is chosen.

5 In the event of a tie under this paragraph (4), the

6 President of the Board shall cast a tie-breaking vote.

7 (b) The requirements for the President of the Board shall

8 be as follows:

9 (1) The President of the Board shall be chosen from

10 among the members described under subparagraphs (C), (D),

11 and (E) of paragraph (2) of subsection (a). The President

12 of the Board shall be appointed by the Governor with the

13 advice and consent of the Senate. A person may be

14 appointed concurrently President of the Board and member

15 under subparagraph (C), (D), or (E) of paragraph (2) of

16 subsection (a) as provided under paragraph (1) of

17 subsection (a).

18 (2) If, for any reason there is a vacancy for the

19 President of the Board, then the Board, by a majority of

20 members, shall choose an interim President of the Board

21 from among the remaining representatives as described

22 under subparagraphs (C), (D), and (E) of paragraph (2) of

23 subsection (a) who shall serve until a President of the

24 Board is appointed according to paragraph (1).

25 (c) No business may be conducted at a meeting of the Board

26 unless a majority of members are present. Except for the

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1 appointment of interim members to fill vacancies as provided

2 under paragraph (4) of subsection (a) of this Section, an

3 action, order, decision, or resolution of the Board is only

4 binding if a majority of the members of the Board have voted in

5 favor of the action, order, decision, or resolution unless a

6 vote of more than a majority of members of the Board is

7 otherwise required according to rules adopted by the Board.

8 (d) The Board shall:

9 (1) supervise and direct the Agency;

10 (2) adopt rules as authorized by law; and

11 (3) hire executive staff including an Executive

12 Director of the RIFL Agency and Associate Director of the

13 RIFL Agency.

14 (e) The Board shall adopt rules providing for salaries for

15 an Executive Director and Associate Director, and any other

16 executive staff, as well as compensation for members of the

17 Board. The Board may adopt any other rules necessary to carry

18 out the purposes of this Act.

19 (f) The personnel, administration, and other costs and

20 expenses of the Board may only be paid by appropriations from

21 the RIFL Fund or by appropriations from any other fund. Any

22 appropriation from the General Revenue Fund or any other fund

23 besides the RIFL Fund to pay for the personnel,

24 administration, and other costs and expenses of the Board

25 shall be reimbursed by transfer from the RIFL Fund at the

26 direction of the Board.

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1 Section 25. General powers and duties of the Agency.

2 (a) The Agency shall develop and administer the RIFL

3 Licensing Program.

4 (b) Except as otherwise limited by this Act, the Agency

5 has all of the powers to carry out the purposes and provisions

6 of this Act, including, but not limited to:

7 (1) obtaining and employing personnel and hiring

8 consultants that are necessary to fulfill the Agency's

9 purposes, and making expenditures for that purpose within

10 the appropriations for that purpose;

11 (2) purchasing, receiving, taking by grant, gift,

12 devise, bequest, or otherwise, lease, or otherwise

13 acquiring, owning, holding, improving, employing, using,

14 and otherwise dealing in and with, real or personal

15 property, whether tangible or intangible, or any interest

16 therein, within the State;

17 (3) acquiring real or personal property, whether

18 tangible or intangible, including, without limitation,

19 property rights, interests in property, franchises,

20 obligations, contracts, and debt and equity securities;

21 (4) selling, conveying, leasing, exchanging,

22 transferring, abandoning, or otherwise disposing of, or

23 mortgaging, pledging, or creating a security interest in,

24 any of its assets, properties, or any interest therein,

25 wherever situated;

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1 (5) purchasing, taking, receiving, subscribing for, or

2 otherwise acquiring, holding, making a tender offer for,

3 voting, disposing of, mortgaging, pledging or granting a

4 security interest in, using, and otherwise dealing in and

5 with, bonds and other obligations, shares or other

6 securities (or interests therein) issued by others,

7 whether engaged in a similar or different business or

8 activity;

9 (6) making and executing agreements, contracts, and

10 other instruments necessary or convenient in the exercise

11 of the powers and functions of the Agency under this Act,

12 including contracts with any person;

13 (7) lending money, investing and reinvesting its funds

14 in accordance with the Public Funds Investment Act, and

15 taking and holding real and personal property as security

16 for the payment of funds loaned or invested;

17 (8) borrowing money at such rate or rates of interest

18 as the Agency may determine, issuing its notes, bonds, or

19 other obligations to evidence that indebtedness, and

20 securing any of its obligations by mortgage or pledge of

21 its real or personal property, revenues, grants, and other

22 funds as provided or any interest therein, wherever

23 situated;

24 (9) procuring insurance against any loss in connection

25 with its properties or operations in such amount or

26 amounts and from such insurers as it may deem necessary or

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1 desirable, and paying any premiums thereof;

2 (10) negotiating and entering into agreements with

3 trustees or receivers appointed by United States

4 bankruptcy courts or federal district courts or in other

5 proceedings involving adjustment of debts and authorizing

6 proceedings involving adjustments of debts and authorizing

7 legal counsel for the Agency to appear in any such

8 proceedings;

9 (11) filing a petition under Chapter 9 of Title 11 of

10 the United States Bankruptcy Code or taking other similar

11 action for the adjustment of its debts;

12 (12) entering into management agreements for the

13 operation of any of the property or facilities owned by

14 the Agency;

15 (13) maintaining an office or offices at such place or

16 places in the State as it may determine;

17 (14) requesting information, and making any inquiry,

18 investigation, or study that the Agency may deem necessary

19 to enable it effectively to carry out the provisions of

20 this Act;

21 (15) accepting and expending appropriations;

22 (16) engaging in any activity or operation that is

23 incidental to and in furtherance of efficient operation to

24 accomplish the Agency's purposes, including hiring

25 employees that the Board deems essential for the

26 operations of the Agency;

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1 (17) adopting, revising, amending, and repealing rules

2 with respect to its operations and properties as may be

3 necessary or convenient to carry out the purposes of this

4 Act, subject to the provisions of the Illinois

5 Administrative Procedure Act;

6 (18) establishing and collecting charges and fees as

7 described in this Act; and

8 (19) implementing and administering this Act.

9 (c) The personnel, administration, and other costs and

10 expenses of the Agency may only be paid by appropriations from

11 the RIFL Fund or by appropriations from any other fund. Any

12 appropriation from the General Revenue Fund or any other fund

13 besides the RIFL Fund to pay for the personnel,

14 administration, and other costs and expenses of the Agency

15 shall be reimbursed by transfer from the RIFL Fund at the

16 direction of the Board.

17 Section 30. Responsibility in Firearm Legislation

18 Licensing Program.

19 (a) The Responsibility in Firearm Legislation Licensing

20 Program is established and shall be administered by the RIFL

21 Agency.

22 (b) A manufacturer in this State shall be issued a RIFL

23 License by the Agency upon payment of a fee set by the Agency

24 according to the manufacturer's responsible portion of the

25 total annual aggregate fee using the manufacturer's experience

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1 rating.

2 (c) The Agency shall maintain a list of all licensed

3 manufacturers under this Section to be published on the

4 Agency's website.

5 (d) Retailers, distributors, and importers shall report to

6 the Agency the name of the manufacturer or manufacturers with

7 whom the retailer, distributor, or importer contracts or

8 transacts by September 1, 2027, and annually thereafter.

9 (e) Before commencing the Responsibility in Firearm

10 Legislation Licensing Program under this Section, and in

11 accordance with this Act and the Illinois Procurement Code,

12 the Board shall issue a request for proposals and contract

13 with an actuarial or economics consulting firm with experience

14 or expertise to determine each eligible manufacturer's portion

15 of the initial $50,000,000 total annual aggregate fee using

16 experience rating as defined in this Act. The Agency shall

17 annually set fees for a RIFL License based on the following:

18 (1) The total annual aggregate fee for all

19 manufacturers of firearms in this State shall be set by

20 the Agency at an amount that the Agency estimates is equal

21 to no less than 7% and no more than 15% of the direct costs

22 and financial burdens borne by the State and its residents

23 as a result of firearm deaths and firearm injuries

24 occurring in this State, as determined by the Agency based

25 on the incidence of firearm deaths and firearm injuries in

26 this State in the previous year, except that in the first

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1 program year the total annual aggregate fee shall be equal

2 to $50,000,000, which is 7% of the calculated direct

3 expenses of firearm deaths and firearm injuries in the

4 State of Illinois in calendar year 2024.

5 (2) The total annual aggregate fee for all

6 manufacturers in this State shall annually thereafter be

7 adjusted by the Agency based on the incidence of firearm

8 injury and firearm death and related expenses.

9 (3) The RIFL License fee for each manufacturer shall

10 be calculated according to the manufacturer's portion of

11 the total annual aggregate fee using the manufacturer's

12 experience rating.

13 (4) No more than 10% of the annual aggregate fee shall

14 be appropriated for personnel, administration, and other

15 costs of the Agency and Board, except that in the first

16 year or any year the Board contracts with an actuarial or

17 economics consulting firm under this subsection (e), the

18 percentage of the annual aggregate fee allocated for

19 personnel, administration, and other costs of the Agency

20 and Board may be adjusted to cover the costs and expenses

21 related to the actuarial or economics consulting firm

22 under this subsection (e).

23 Costs and expenses of the State related to the actuarial

24 or economics consulting firm under this subsection (e) shall

25 either be paid by appropriations from the RIFL Fund or by

26 appropriations from any other fund. Any appropriation from the

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1 General Revenue Fund or any other fund besides the RIFL Fund to

2 pay for costs and expenses related to the actuarial or

3 economics consulting firm shall be reimbursed by transfer from

4 the RIFL Fund at the direction of the Board.

5 (f) The RIFL Agency shall inform each manufacturer of the

6 amount of the license fee due from the manufacturer and the

7 description of how the fee was calculated at least 90 days

8 before the license renewal date.

9 (g) The RIFL Agency shall provide manufacturers with an

10 opportunity to dispute any fees levied for a license under

11 procedures established by rules adopted by the Agency under

12 this Act.

13 (h) The proceeds from all fees under the Responsibility in

14 Firearm Legislation Licensing Program shall be deposited into

15 the RIFL Fund established under Section 35 for grants through

16 the Reimagine Public Safety Act under the Department of Human

17 Services Office of Firearm Violence Prevention.

18 (i) Beginning June 19, 2028, a manufacturer may not

19 operate in this State without a license issued by the Agency

20 under this Act.

21 (j) Beginning June 19, 2028, a retailer may not sell a

22 firearm to a consumer in this State from a manufacturer who

23 does not have a license issued by the Agency under this Act.

24 (k) Beginning June 19, 2028, an importer may not import

25 firearms into this State from a manufacturer who does not have

26 a license issued by the Agency under this Act.

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1 (l) Beginning June 19, 2028, a distributor may not

2 distribute a firearm into this State from a manufacturer who

3 does not have a license issued by the Agency under this Act.

4 (m) Beginning June 19, 2028, a licensed dealer, private

5 seller, sponsor of a firearm trade show, or organizer of a

6 firearm trade show may not sell, distribute, sponsor, or

7 organize to effectuate the selling of firearms in this State

8 from a manufacturer who does not have a license issued by the

9 Agency under this Act.

10 Section 35. RIFL Fund. The Responsibility in Firearm

11 Legislation Fund is created as a special fund in the State

12 treasury. Proceeds from fees imposed for RIFL Licenses under

13 Section 30 of this Act or from fees imposed under rules adopted

14 under this Act shall be collected by the RIFL Agency and

15 deposited into the Fund. Civil penalties collected under

16 Section 45 shall be deposited into the Fund. Interest and

17 dividends shall be reinvested into the Fund. Moneys in the

18 RIFL Fund, as directed by the RIFL Board and in consultation

19 with the Department of Human Services Office of Firearm

20 Violence Prevention, shall be expended to provide for grants

21 through the Reimagine Public Safety Act under the Department

22 of Human Services Office of Firearm Violence Prevention, for

23 costs, expenses, and reimbursements under paragraph (4) of

24 subsection (e) of Section 30, and for no other purpose, except

25 that moneys in the RIFL Fund, as directed by the RIFL Board,

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1 may be transferred to reimburse appropriations from other

2 funds pursuant to subsection (f) of Section 20, subsection (c)

3 of Section 25, or subsection (e) of Section 30. Subsections

4 (b) and (c) of Section 5 of the State Finance Act do not apply

5 to the RIFL Fund.

6 Section 40. RIFL firearm recovery reporting.

7 (a) Beginning June 1, 2027, all law enforcement agencies

8 shall report to the Illinois State Police the serial number,

9 manufacturer, make, and model of all firearms recovered in any

10 incidents to which they respond that result in a firearm

11 injury.

12 (b) The Illinois State Police shall compile all reports

13 and provide a report to the Agency by December 1, 2027, and

14 annually thereafter.

15 (c) The Agency shall make available on the Agency's public

16 website the substance of the reports received under this

17 Section.

18 (d) The Agency, in consultation with the Illinois State

19 Police, shall, by rule, establish procedures implementing this

20 Section.

21 Section 45. Enforcement and penalties.

22 (a) The State's Attorney of the county where the violation

23 occurs or the Attorney General may investigate violations of

24 this Act or rules adopted under this Act and bring civil

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1 actions to enforce this Act or rules adopted under this Act.

2 Any civil penalty collected under this Act or rules adopted

3 under this Act shall be deposited into the RIFL Fund.

4 (b) A manufacturer who violates subsection (i) of Section

5 30 is subject to a civil penalty of up to $250,000. After 60

6 days of continuous violation of subsection (i) of Section 30,

7 the manufacturer shall be prohibited from operating in the

8 State. A manufacturer is liable for all fees, fines, or other

9 penalties levied, including any fees, fines, or penalties for

10 late payment or other fees, fines, or penalties under rules

11 adopted by the Agency. A license shall not be reinstated until

12 all outstanding fees, fines, and other penalties are paid in

13 full. All fines and penalties shall be paid into the RIFL Fund.

14 (c) A retailer, distributor, importer, licensed dealer,

15 private seller, sponsor of a firearm trade show, or organizer

16 of a firearm trade show who violates subsection (j), (k), (l),

17 or (m) of Section 30 is subject to a civil penalty of up to

18 $10,000 per violation. It is an affirmative defense that a

19 retailer, distributor, importer, licensed dealer, private

20 seller, sponsor of a firearm trade show, or organizer of a

21 firearm trade show reasonably relied upon the list of

22 manufacturers under Section 30 of this Act.

23 (d) The Agency may adopt rules that provide for other

24 civil penalties for violations of this Act or rules adopted

25 under this Act of no more than $10,000 per violation for

26 retailers, distributors, importers, licensed dealers, private

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1 sellers, sponsors of a firearm trade show, or organizers of a

2 firearm trade show.

3 (e) The State's Attorney of the county where the violation

4 occurs or the Attorney General may bring an action for an

5 equitable or other remedy in a court to enforce this Act or to

6 prevent a violation of this Act.

7 (f) If a manufacturer that operates in the State on or

8 after the effective date of this Act stops operating in the

9 State for any period of time and stops paying fees under

10 Section 30 but then later resumes operating in the State, the

11 manufacturer must pay all the fees under Section 30 for the

12 years the manufacturer was not operating in the State or not

13 paying its annual fees under Section 30.

14 (g) No manufacturer, retailer, distributor, importer,

15 licensed dealer, private seller, sponsor of a firearm trade

16 show, or organizer of a firearm trade show may, for the purpose

17 of avoiding fees, penalties, or liability under this Act or

18 rules adopted under this Act:

19 (1) dissolve, merge, reincorporate, or transfer assets

20 to another entity;

21 (2) create, register, or operate a new entity that

22 continues the activities, products, management, ownership,

23 or operators of the manufacturer, retailer, distributor,

24 importer, licensed dealer, private seller, sponsor of a

25 firearm trade show, or organizer of a firearm trade show

26 that owes any fees, penalties, or liability under this

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1 Act; or

2 (3) use a judicial or administrative or other process

3 to discharge fees or penalties imposed under this Act,

4 except to the extent permitted by federal law.

5 (h) An entity shall be deemed a successor to a

6 manufacturer, retailer, distributor, importer, licensed

7 dealer, private seller, sponsor of a firearm trade show, or

8 organizer of a firearm trade show in violation of this Act or

9 rules adopted under this Act if it:

10 (1) acquires, purchases, or receives substantially all

11 of the assets, product lines, intellectual property,

12 equipment, or operations of the entity in violation of

13 this Act or rules adopted under this Act;

14 (2) shares common ownership, officers, directors,

15 managers, or controlling shareholders with the entity in

16 violation of this Act or rules adopted under this Act;

17 (3) operates the same or substantially similar

18 manufacturing, distribution, or commercial activities as

19 the entity in violation of this Act or rules adopted under

20 this Act; or

21 (4) holds itself out to the public as a continuation

22 of the entity in violation of this Act or rules adopted

23 under this Act.

24 A successor entity under this subsection (h) shall inherit

25 all fees, penalties, liability, judgments, and obligations of

26 the manufacturer, retailer, distributor, importer, licensed

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1 dealer, private seller, sponsor of a firearm trade show, or

2 organizer of a firearm trade show in violation of this Act or

3 rules adopted under this Act, regardless of nominal or other

4 corporate changes.

5 (i) If an entity is formed or used to avoid the fees,

6 penalties, liability, or other obligations of a manufacturer,

7 retailer, distributor, importer, licensed dealer, private

8 seller, sponsor of a firearm trade show, or organizer of a

9 firearm trade show that is in violation of this Act, the

10 State's Attorney of the county where the violation occurs or

11 the Attorney General may bring a civil action to declare the

12 new entity a successor of the manufacturer, retailer,

13 distributor, importer, licensed dealer, private seller,

14 sponsor of a firearm trade show, or organizer of a firearm

15 trade show. If the new entity is a successor, the court shall

16 treat both entities as a single enterprise, all liabilities

17 shall be imputed to the new entity, and enforcement actions

18 may proceed directly against the successor. Any transfer of

19 assets, contracts, inventory, accounts receivable, or

20 intellectual property made after the manufacturer, retailer,

21 distributor, importer, licensed dealer, private seller,

22 sponsor of a firearm trade show, or organizer of a firearm

23 trade show in violation of this Act became aware of an

24 investigation, violation, or penalty shall be deemed

25 presumptively fraudulent and voidable by the State.

26 Subsections (g), (h), and (i) of this Section shall be

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1 interpreted as additions to, but not limitations or

2 abrogations of, recovery from a successor in interest under

3 the common law.

4 Section 50. Rulemaking. The Agency shall adopt rules to

5 implement and administer this Act.

6 Section 80. The State Finance Act is amended by changing

7 Section 5 and by adding Section 5.1038 as follows:

8 (30 ILCS 105/5) (from Ch. 127, par. 141)

9 Sec. 5. Special funds.

10 (a) There are special funds in the State Treasury

11 designated as specified in the Sections which succeed this

12 Section 5 and precede Section 5d.

13 (b) Except as provided in the Illinois Vehicle Hijacking

14 and Motor Vehicle Theft Prevention and Insurance Verification

15 Act and the Responsibility in Firearm Legislation Act, when

16 any special fund in the State Treasury is discontinued by an

17 Act of the General Assembly, any balance remaining therein on

18 the effective date of such Act shall be transferred to the

19 General Revenue Fund, or to such other fund as such Act shall

20 provide. Warrants outstanding against such discontinued fund

21 at the time of the transfer of any such balance therein shall

22 be paid out of the fund to which the transfer was made.

23 (c) Except as provided in the Responsibility in Firearm

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LRB104 12166 RLC 34392 a

1 Legislation Act, when ~~When~~ any special fund in the State

2 Treasury has been inactive for 18 months or longer, the

3 Comptroller may terminate the fund, and the balance remaining

4 in such fund shall be transferred by the Comptroller to the

5 General Revenue Fund. When a special fund has been terminated

6 by the Comptroller as provided in this Section, the General

7 Assembly shall repeal or amend all Sections of the statutes

8 creating or otherwise referring to that fund.

9 The Comptroller shall be allowed the discretion to

10 maintain or dissolve any federal trust fund which has been

11 inactive for 18 months or longer.

12 (d) (Blank).

13 (e) (Blank).

14 (Source: P.A. 102-904, eff. 1-1-23; 103-266, eff. 1-1-24;

15 103-616, eff. 7-1-24.)

16 (30 ILCS 105/5.1038 new)

17 Sec. 5.1038. The Responsibility in Firearm Legislation

18 Fund.".