Sen. Robert Peters
Filed: 3/4/2026
 
 

 
 

 
10400SB2279sam001LRB104 12211 RLC 35107 a

1
AMENDMENT TO SENATE BILL 2279

2    AMENDMENT NO. ______. Amend Senate Bill 2279 by replacing 
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the 
5Responsibility in Firearm Legislation Act.
 
6    Section 5. Findings and purpose. The General Assembly 
7finds that the people of the State of Illinois have incurred 
8undue direct costs and financial burdens from injuries and 
9deaths as a result of the use of firearms in this State. 
10Therefore, to protect the health, safety, and welfare of the 
11people of the State of Illinois, it is necessary that firearm 
12manufacturers who generate substantial public costs share the 
13financial consequences of their for-profit activity with the 
14public and obtain licensing to sell, distribute, or import in 
15Illinois. The proceeds of licensing under this Act are 
16intended to be distributed within the State for community 
 
 
10400SB2279sam001- 2 -LRB104 12211 RLC 35107 a

1violence intervention, victim services, evidence-based 
2high-risk youth intervention services, and evidence-based 
3violence prevention services and must be substantially related 
4to reducing public costs and harms created by firearm injury.
 
5    Section 10. Definitions. In this Act, unless the context 
6requires otherwise:
7    "Destructive device" has the meaning given the term in 18 
8U.S.C. 921(a)(4).
9    "Direct costs" means costs incurred for the following: 
10medical treatment and care; medical devices and prescription 
11drugs; mental health treatment provided by a psychiatrist, 
12psychologist, social worker, or behavioral therapist; physical 
13therapy, occupational therapy, and rehabilitation services; 
14funeral, burial, and cremation services; emergency 
15transportation; lost wages; emergency relocation; property 
16damage; legal services; emergency child or dependent care; or 
17law enforcement and judicial costs.
18    "Distributor of firearms" or "distributor" means a person 
19who supplies firearms to retailers or other businesses that 
20sell firearms to consumers in this State.
21    "Evidence-based high-risk youth intervention services" has 
22the same meaning given to that term in the Reimagine Public 
23Safety Act.
24    "Evidence-based violence prevention services" has the same 
25meaning given to that term in the Reimagine Public Safety Act.
 
 
10400SB2279sam001- 3 -LRB104 12211 RLC 35107 a

1    "Experience rating" means a rating determined by the 
2Agency by rule that correlates with the number of firearms 
3recovered in a given year in connection with incidents 
4involving firearm injuries and firearm deaths that are linked 
5to a specific manufacturer in the State, regardless of the 
6origin of purchase, taking into account the number of firearm 
7injuries and firearm deaths associated with each firearm 
8recovered, regardless of modifications or accessories added to 
9the firearm after manufacturing, divided by the total number 
10of firearms recovered in connection with those incidents in 
11that same year.
12    "Firearm" means:
13        (1) any weapon (including a starter gun) which will or 
14    is designed to or may readily be converted to expel a 
15    projectile by the action of an explosive;
16        (2) the frame or receiver of any such weapon;
17        (3) any firearm muffler or firearm silencer; or
18        (4) any destructive device.
19    "Firearm" does not include an antique firearm. 
20    "Firearm death" means the death of a person that is the 
21direct or proximate result of a high-velocity projectile fired 
22from a firearm. "Firearm death" includes suicides and 
23homicides.
24    "Firearm injury" means a physical, mental, or emotional 
25injury to a person that is the direct or proximate result of a 
26high-velocity projectile fired from a firearm, whether 
 
 
10400SB2279sam001- 4 -LRB104 12211 RLC 35107 a

1self-inflicted, accidental, or intentional.
2    "Firearm trade show" means either (i) a professional 
3industry event in which firearm manufacturers, firearm 
4wholesalers, and firearm distributors showcase new firearm 
5products and firearm-related products, negotiate deals, and 
6network or (ii) a public event in which federally licensed 
7dealers and, in some cases, private collectors or private 
8sellers gather to display and sell firearms, ammunition, and 
9outdoor gear directly to the general public.
10    "Importer" means any person that brings one or more 
11manufactured firearms into the State of Illinois.
12    "Licensed dealer" means any person engaged in the business 
13of selling guns for profit and who is legally authorized by 
14federal and State authorities to manufacture, import, or sell 
15firearms.
16    "Manufacturer" means any person engaged in the manufacture 
17of firearms for purposes of sale or distribution or that holds 
18a federal firearms license type 6, 7, or 10.
19    "Organizer of a firearm trade show" means a person 
20responsible for planning, coordinating, and managing all 
21aspects of a firearm trade show.
22    "Pawnbroker" means any person whose business or occupation 
23includes the taking or receiving by way of pledge or pawn, of 
24any firearm as security for the payment or repayment of money.
25    "Private seller" means a person who makes occasional sales 
26from the person's personal collection of firearms and is not 
 
 
10400SB2279sam001- 5 -LRB104 12211 RLC 35107 a

1required to have a Federal Firearms License.
2    "Retailer of firearms" or "retailer" means a person that 
3sells firearms directly to consumers in this State.
4    "RIFL Agency" or "Agency" means the Responsibility in 
5Firearm Legislation Agency established under Section 15 of 
6this Act.
7    "RIFL Board" or "Board" means the Board of Directors 
8supervising and directing the RIFL Agency, as appointed under 
9Section 20 of this Act.
10    "RIFL Fund" or "Fund" means the Responsibility in Firearm 
11Legislation Fund created under Section 35 of this Act.
12    "RIFL License" or "license" means a Responsibility in 
13Firearm Legislation License granted by the RIFL Agency under 
14Section 30 of this Act.
15    "Sponsor of a firearm trade show" means a person that 
16funds or provides resources for specific parts of a firearm 
17trade show in exchange for prominent marketing, visibility, 
18and networking opportunities with industry professionals and 
19consumers.
20    "Total annual aggregate fee" means the sum of all license 
21fees imposed over one year on manufacturers under this Act.
22    "Tracing" means the systematic tracking of a firearm's 
23manufacture, distribution, retail sale, and ownership.
 
24    Section 15. Responsibility in Firearm Legislation Agency. 
25For the purpose of effectuating the policy declared in Section 
 
 
10400SB2279sam001- 6 -LRB104 12211 RLC 35107 a

15 of this Act, there is established in the Executive Branch of 
2the State Government an independent agency to be known as the 
3Responsibility in Firearm Legislation Agency. This RIFL Agency 
4shall be under the supervision and direction of a Board of 
5Directors as described in Section 20 of this Act. The RIFL 
6Agency shall have the powers and duties enumerated in this 
7Act, with such other powers and duties conferred upon it by 
8law.
 
9    Section 20. Responsibility in Firearm Legislation Agency 
10Board of Directors.
11    (a) The Board of Directors of the RIFL Agency shall be 
12appointed as follows:
13        (1) The Governor shall appoint the Board of Directors 
14    of the RIFL Agency with the advice and consent of the 
15    Senate. The Board shall supervise and direct the RIFL 
16    Agency established under Section 15 of this Act.
17        (2) The Board shall have 9 members as follows:
18            (A) Three members who are representatives from 
19        private industry. One of the 3 members shall be 
20        licensed to practice law in the State of Illinois, and 
21        one member shall be a representative of the firearm 
22        industry.
23            (B) Three members who are representatives from 
24        health professions, licensed in the State of Illinois 
25        and with experience in the treatment of patients who 
 
 
10400SB2279sam001- 7 -LRB104 12211 RLC 35107 a

1        have suffered firearm injuries. At least one member 
2        must hold a Medical Doctorate or Doctor of Osteopathic 
3        Medicine and one member must be a licensed 
4        psychiatrist, psychologist, psychotherapist, or 
5        behavioral therapist.
6            (C) One member who is a highly respected legal 
7        scholar. The Chief Justice of the Illinois Supreme 
8        Court may submit a nomination under this subparagraph 
9        (C) to the Governor.
10            (D) One member who is an economist who provides 
11        analysis in commercial litigation or a certified 
12        public accountant and who does not work in a similar 
13        industry or field as any other representative.
14            (E) One member who is an executive director of a 
15        community violence intervention organization.
16        (3) Members of the Board shall serve for a term of 4 
17    years. No member may serve for more than 2 consecutive 
18    terms.
19        (4) Vacancies shall be filled by the Board as 
20    described under this subsection (a). An interim member 
21    appointed by the Board by majority vote shall serve for 
22    the remainder of the term or until a replacement can be 
23    appointed by the Governor, as follows:
24            (A) Vacancies under subparagraphs (C), (D), and 
25        (E) of paragraph (2) of this subsection (a) shall be 
26        filled by majority vote of any remaining members under 
 
 
10400SB2279sam001- 8 -LRB104 12211 RLC 35107 a

1        subparagraphs (C), (D), and (E) of paragraph (2) of 
2        this subsection (a).
3            (B) Vacancies under subparagraphs (A) and (B) of 
4        paragraph (2) of this subsection (a) shall be filled 
5        by majority vote of any remaining members under 
6        subparagraphs (A) and (B) of paragraph (2) of this 
7        subsection (a).
8        If no candidate receives a majority of votes under 
9    this paragraph (4), then the candidate with the fewest 
10    votes is disqualified and a new vote will be held for the 
11    remaining candidates. This shall continue until one 
12    candidate is chosen.
13        In the event of a tie under this paragraph (4), the 
14    President of the Board shall cast a tie-breaking vote.
15    (b) The requirements for the President of the Board shall 
16be as follows:
17        (1) The President of the Board shall be chosen from 
18    among the members described under subparagraphs (C), (D), 
19    and (E) of paragraph (2) of subsection (a). The President 
20    of the Board shall be appointed by the Governor with the 
21    advice and consent of the Senate. A person may be 
22    appointed concurrently President of the Board and member 
23    under subparagraph (C), (D), or (E) of paragraph (2) of 
24    subsection (a) as provided under paragraph (1) of 
25    subsection (a).
26        (2) If, for any reason there is a vacancy for the 
 
 
10400SB2279sam001- 9 -LRB104 12211 RLC 35107 a

1    President of the Board, then the Board, by a majority of 
2    members, shall choose an interim President of the Board 
3    from among the remaining representatives as described 
4    under subparagraphs (C), (D), and (E) of paragraph (2) of 
5    subsection (a) who shall serve until a President of the 
6    Board is appointed according to paragraph (1).
7    (c) No business may be conducted at a meeting of the Board 
8unless a majority of members are present. Except for the 
9appointment of interim members to fill vacancies as provided 
10under paragraph (4) of subsection (a) of this Section, an 
11action, order, decision, or resolution of the Board is only 
12binding if a majority of the members of the Board have voted in 
13favor of the action, order, decision, or resolution unless a 
14vote of more than a majority of members of the Board is 
15otherwise required according to rules adopted by the Board.
16    (d) The Board shall:
17        (1) supervise and direct the Agency;
18        (2) adopt rules as authorized by law; and
19        (3) hire executive staff including an Executive 
20    Director of the RIFL Agency and Associate Director of the 
21    RIFL Agency.
22    (e) The Board shall adopt rules providing for salaries for 
23an Executive Director and Associate Director, and any other 
24executive staff, as well as compensation for members of the 
25Board. The Board may adopt any other rules necessary to carry 
26out the purposes of this Act.
 
 
10400SB2279sam001- 10 -LRB104 12211 RLC 35107 a

1    (f) The personnel, administration, and other costs and 
2expenses of the Board may only be paid by appropriations from 
3the RIFL Fund or by appropriations from any other fund. Any 
4appropriation from the General Revenue Fund or any other fund 
5besides the RIFL Fund to pay for the personnel, 
6administration, and other costs and expenses of the Board 
7shall be reimbursed by transfer from the RIFL Fund at the 
8direction of the Board.
 
9    Section 25. General powers and duties of the Agency.
10    (a) The Agency shall develop and administer the RIFL 
11Licensing Program.
12    (b) Except as otherwise limited by this Act, the Agency 
13has all of the powers to carry out the purposes and provisions 
14of this Act, including, but not limited to:
15        (1) obtaining and employing personnel and hiring 
16    consultants that are necessary to fulfill the Agency's 
17    purposes, and making expenditures for that purpose within 
18    the appropriations for that purpose;
19        (2) purchasing, receiving, taking by grant, gift, 
20    devise, bequest, or otherwise, lease, or otherwise 
21    acquiring, owning, holding, improving, employing, using, 
22    and otherwise dealing in and with, real or personal 
23    property, whether tangible or intangible, or any interest 
24    therein, within the State;
25        (3) acquiring real or personal property, whether 
 
 
10400SB2279sam001- 11 -LRB104 12211 RLC 35107 a

1    tangible or intangible, including, without limitation, 
2    property rights, interests in property, franchises, 
3    obligations, contracts, and debt and equity securities;
4        (4) selling, conveying, leasing, exchanging, 
5    transferring, abandoning, or otherwise disposing of, or 
6    mortgaging, pledging, or creating a security interest in, 
7    any of its assets, properties, or any interest therein, 
8    wherever situated;
9        (5) purchasing, taking, receiving, subscribing for, or 
10    otherwise acquiring, holding, making a tender offer for, 
11    voting, disposing of, mortgaging, pledging or granting a 
12    security interest in, using, and otherwise dealing in and 
13    with, bonds and other obligations, shares or other 
14    securities (or interests therein) issued by others, 
15    whether engaged in a similar or different business or 
16    activity;
17        (6) making and executing agreements, contracts, and 
18    other instruments necessary or convenient in the exercise 
19    of the powers and functions of the Agency under this Act, 
20    including contracts with any person;
21        (7) lending money, investing and reinvesting its funds 
22    in accordance with the Public Funds Investment Act, and 
23    taking and holding real and personal property as security 
24    for the payment of funds loaned or invested;
25        (8) borrowing money at such rate or rates of interest 
26    as the Agency may determine, issuing its notes, bonds, or 
 
 
10400SB2279sam001- 12 -LRB104 12211 RLC 35107 a

1    other obligations to evidence that indebtedness, and 
2    securing any of its obligations by mortgage or pledge of 
3    its real or personal property, revenues, grants, and other 
4    funds as provided or any interest therein, wherever 
5    situated;
6        (9) procuring insurance against any loss in connection 
7    with its properties or operations in such amount or 
8    amounts and from such insurers as it may deem necessary or 
9    desirable, and paying any premiums thereof;
10        (10) negotiating and entering into agreements with 
11    trustees or receivers appointed by United States 
12    bankruptcy courts or federal district courts or in other 
13    proceedings involving adjustment of debts and authorizing 
14    proceedings involving adjustment of debts and authorizing 
15    legal counsel for the Agency to appear in any such 
16    proceedings;
17        (11) filing a petition under Chapter 9 of Title 11 of 
18    the United States Bankruptcy Code or taking other similar 
19    action for the adjustment of its debts;
20        (12) entering into management agreements for the 
21    operation of any of the property or facilities owned by 
22    the Agency;
23        (13) maintaining an office or offices at such place or 
24    places in the State as it may determine;
25        (14) requesting information, and making any inquiry, 
26    investigation, or study that the Agency may deem necessary 
 
 
10400SB2279sam001- 13 -LRB104 12211 RLC 35107 a

1    to enable it effectively to carry out the provisions of 
2    this Act;
3        (15) accepting and expending appropriations;
4        (16) engaging in any activity or operation that is 
5    incidental to and in furtherance of efficient operation to 
6    accomplish the Agency's purposes, including hiring 
7    employees that the Board deems essential for the 
8    operations of the Agency;
9        (17) adopting, revising, amending, and repealing rules 
10    with respect to its operations and properties as may be 
11    necessary or convenient to carry out the purposes of this 
12    Act, subject to the provisions of the Illinois 
13    Administrative Procedure Act;
14        (18) establishing and collecting charges and fees as 
15    described in this Act; and
16        (19) implementing and administering this Act.
17    (c) The personnel, administration, and other costs and 
18expenses of the Agency may only be paid by appropriations from 
19the RIFL Fund or by appropriations from any other fund. Any 
20appropriation from the General Revenue Fund or any other fund 
21besides the RIFL Fund to pay for the personnel, 
22administration, and other costs and expenses of the Agency 
23shall be reimbursed by transfer from the RIFL Fund at the 
24direction of the Board.
 
25    Section 30. Responsibility in Firearm Legislation 
 
 
10400SB2279sam001- 14 -LRB104 12211 RLC 35107 a

1Licensing Program.
2    (a) The Responsibility in Firearm Legislation Licensing 
3Program is established and shall be administered by the RIFL 
4Agency.
5    (b) A manufacturer in this State shall be issued a RIFL 
6License by the Agency upon payment of a fee set by the Agency 
7according to the manufacturer's responsible portion of the 
8total annual aggregate fee using the manufacturer's experience 
9rating.
10    (c) The Agency shall maintain a list of all licensed 
11manufacturers under this Section to be published on the 
12Agency's website.
13    (d) Retailers, distributors, and importers shall report to 
14the Agency the name of the manufacturer or manufacturers with 
15whom the retailer, distributor, or importer contracts or 
16transacts by September 1, 2027, and annually thereafter.
17    (e) Before commencing the Responsibility in Firearm 
18Legislation Licensing Program under this Section, and in 
19accordance with this Act and the Illinois Procurement Code, 
20the Board shall issue a request for proposals and contract 
21with an actuarial or economics consulting firm with experience 
22or expertise to determine each eligible manufacturer's portion 
23of the initial $50,000,000 total annual aggregate fee using 
24experience rating as defined in this Act. The Agency shall 
25annually set fees for a RIFL License based on the following:
26        (1) The total annual aggregate fee for all 
 
 
10400SB2279sam001- 15 -LRB104 12211 RLC 35107 a

1    manufacturers of firearms in this State shall be set by 
2    the Agency at an amount that the Agency estimates is equal 
3    to no less than 7% and no more than 15% of the direct costs 
4    and financial burdens borne by the State and its residents 
5    as a result of firearm deaths and firearm injuries 
6    occurring in this State, as determined by the Agency based 
7    on the incidence of firearm deaths and firearm injuries in 
8    this State in the previous year, except that in the first 
9    program year the total annual aggregate fee shall be equal 
10    to $50,000,000, which is 7% of the calculated direct 
11    expenses of firearm deaths and firearm injuries in the 
12    State of Illinois in calendar year 2024.
13        (2) The total annual aggregate fee for all 
14    manufacturers in this State shall annually thereafter be 
15    adjusted by the Agency based on the incidence of firearm 
16    injury and firearm death and related expenses.
17        (3) The RIFL License fee for each manufacturer shall 
18    be calculated according to the manufacturer's portion of 
19    the total annual aggregate fee using the manufacturer's 
20    experience rating.
21        (4) No more than 10% of the annual aggregate fee shall 
22    be appropriated for personnel, administration, and other 
23    costs of the Agency and Board, except that in the first 
24    year or any year the Board contracts with an actuarial or 
25    economics consulting firm under this subsection (e), the 
26    percentage of the annual aggregate fee allocated for 
 
 
10400SB2279sam001- 16 -LRB104 12211 RLC 35107 a

1    personnel, administration, and other costs of the Agency 
2    and Board may be adjusted to cover the costs and expenses 
3    related to the actuarial or economics consulting firm 
4    under this subsection (e).
5    Costs and expenses of the State related to the actuarial 
6or economics consulting firm under this subsection (e) shall 
7either be paid by appropriations from the RIFL Fund or by 
8appropriations from any other fund. Any appropriation from the 
9General Revenue Fund or any other fund besides the RIFL Fund to 
10pay for costs and expenses related to the actuarial or 
11economics consulting firm shall be reimbursed by transfer from 
12the RIFL Fund at the direction of the Board.
13    (f) The RIFL Agency shall inform each manufacturer of the 
14amount of the license fee due from the manufacturer and the 
15description of how the fee was calculated at least 90 days 
16before the license renewal date.
17    (g) The RIFL Agency shall provide manufacturers with an 
18opportunity to dispute any fees levied for a license under 
19procedures established by rules adopted by the Agency under 
20this Act.
21    (h) The proceeds from all fees under the Responsibility in 
22Firearm Legislation Licensing Program shall be deposited into 
23the RIFL Fund established under Section 35 for grants through 
24the Reimagine Public Safety Act under the Department of Human 
25Services Office of Firearm Violence Prevention.
26    (i) Beginning June 19, 2028, a manufacturer may not 
 
 
10400SB2279sam001- 17 -LRB104 12211 RLC 35107 a

1operate in this State without a license issued by the Agency 
2under this Act.
3    (j) Beginning June 19, 2028, a retailer may not sell a 
4firearm to a consumer in this State from a manufacturer who 
5does not have a license issued by the Agency under this Act.
6    (k) Beginning June 19, 2028, an importer may not import 
7firearms into this State from a manufacturer who does not have 
8a license issued by the Agency under this Act.
9    (l) Beginning June 19, 2028, a distributor may not 
10distribute a firearm into this State from a manufacturer who 
11does not have a license issued by the Agency under this Act.
12    (m) Beginning June 19, 2028, a licensed dealer, 
13pawnbroker, private seller, sponsor of a firearm trade show, 
14or organizer of a firearm trade show may not sell, distribute, 
15sponsor, or organize to effectuate the selling of firearms in 
16this State from a manufacturer who does not have a license 
17issued by the Agency under this Act.
 
18    Section 35. RIFL Fund. The Responsibility in Firearm 
19Legislation Fund is created as a special fund in the State 
20treasury. Proceeds from fees imposed for RIFL Licenses under 
21Section 30 of this Act or from fees imposed under rules adopted 
22under this Act shall be collected by the RIFL Agency and 
23deposited into the Fund. Civil penalties collected under 
24Section 45 shall be deposited into the Fund. Interest and 
25dividends shall be reinvested into the Fund. Moneys in the 
 
 
10400SB2279sam001- 18 -LRB104 12211 RLC 35107 a

1RIFL Fund, as directed by the RIFL Board and in consultation 
2with the Department of Human Services Office of Firearm 
3Violence Prevention, shall be expended to provide for grants 
4through the Reimagine Public Safety Act under the Department 
5of Human Services Office of Firearm Violence Prevention, for 
6costs, expenses, and reimbursements under paragraph (4) of 
7subsection (e) of Section 30, and for no other purpose, except 
8that moneys in the RIFL Fund, as directed by the RIFL Board, 
9may be transferred to reimburse appropriations from other 
10funds pursuant to subsection (f) of Section 20, subsection (c) 
11of Section 25, or subsection (e) of Section 30. Subsections 
12(b) and (c) of Section 5 of the State Finance Act do not apply 
13to the RIFL Fund.
 
14    Section 40. RIFL firearm recovery reporting.
15    (a) Beginning June 1, 2027, all law enforcement agencies 
16shall report to the Illinois State Police any firearms 
17identified by physical recovery or through tracing that 
18resulted in a firearm injury or firearm death, and shall 
19include the manufacturer, and if available the serial number, 
20make, or model of the firearm.
21    (b) The Illinois State Police shall compile all reports 
22and provide a report to the Agency by December 1, 2027, and 
23annually thereafter.
24    (c) The Agency shall make available on the Agency's public 
25website the substance of the reports received under this 
 
 
10400SB2279sam001- 19 -LRB104 12211 RLC 35107 a

1Section.
2    (d) The Agency, in consultation with the Illinois State 
3Police, shall, by rule, establish procedures implementing this 
4Section.
 
5    Section 45. Enforcement and penalties.
6    (a) The State's Attorney of the county where the violation 
7occurs or the Attorney General may investigate violations of 
8this Act or rules adopted under this Act and bring civil 
9actions to enforce this Act or rules adopted under this Act. 
10Any civil penalty collected under this Act or rules adopted 
11under this Act shall be deposited into the RIFL Fund.
12    (b) A manufacturer who violates subsection (i) of Section 
1330 is subject to a civil penalty of up to $250,000. After 60 
14days of continuous violation of subsection (i) of Section 30, 
15the manufacturer shall be prohibited from operating in the 
16State. A manufacturer is liable for all fees, fines, or other 
17penalties levied, including any fees, fines, or penalties for 
18late payment or other fees, fines, or penalties under rules 
19adopted by the Agency. A license shall not be reinstated until 
20all outstanding fees, fines, and other penalties are paid in 
21full. All fines and penalties shall be paid into the RIFL Fund.
22    (c) A retailer, distributor, importer, licensed dealer, 
23private seller, sponsor of a firearm trade show, or organizer 
24of a firearm trade show who violates subsection (j), (k), (l), 
25or (m) of Section 30 is subject to a civil penalty of up to 
 
 
10400SB2279sam001- 20 -LRB104 12211 RLC 35107 a

1$10,000 per violation. It is an affirmative defense that a 
2retailer, distributor, importer, licensed dealer, private 
3seller, sponsor of a firearm trade show, or organizer of a 
4firearm trade show reasonably relied upon the list of 
5manufacturers under Section 30 of this Act.
6    (d) The Agency may adopt rules that provide for other 
7civil penalties for violations of this Act or rules adopted 
8under this Act of no more than $10,000 per violation for 
9retailers, distributors, importers, licensed dealers, private 
10sellers, sponsors of a firearm trade show, or organizers of a 
11firearm trade show.
12    (e) The State's Attorney of the county where the violation 
13occurs or the Attorney General may bring an action for an 
14equitable or other remedy in a court to enforce this Act or to 
15prevent a violation of this Act.
16    (f) If a manufacturer that operates in the State on or 
17after the effective date of this Act stops operating in the 
18State for any period of time and stops paying fees under 
19Section 30 but then later resumes operating in the State, the 
20manufacturer must pay all the fees under Section 30 for the 
21years the manufacturer was not operating in the State or not 
22paying its annual fees under Section 30.
23    (g) No manufacturer, retailer, distributor, importer, 
24licensed dealer, private seller, sponsor of a firearm trade 
25show, or organizer of a firearm trade show may, for the purpose 
26of avoiding fees, penalties, or liability under this Act or 
 
 
10400SB2279sam001- 21 -LRB104 12211 RLC 35107 a

1rules adopted under this Act:
2        (1) dissolve, merge, reincorporate, or transfer assets 
3    to another entity;
4        (2) create, register, or operate a new entity that 
5    continues the activities, products, management, ownership, 
6    or operators of the manufacturer, retailer, distributor, 
7    importer, licensed dealer, private seller, sponsor of a 
8    firearm trade show, or organizer of a firearm trade show 
9    that owes any fees, penalties, or liability under this 
10    Act; or
11        (3) use a judicial or administrative or other process 
12    to discharge fees or penalties imposed under this Act, 
13    except to the extent permitted by federal law.
14    (h) An entity shall be deemed a successor to a 
15manufacturer, retailer, distributor, importer, licensed 
16dealer, private seller, sponsor of a firearm trade show, or 
17organizer of a firearm trade show in violation of this Act or 
18rules adopted under this Act if it:
19        (1) acquires, purchases, or receives substantially all 
20    of the assets, product lines, intellectual property, 
21    equipment, or operations of the entity in violation of 
22    this Act or rules adopted under this Act;
23        (2) shares common ownership, officers, directors, 
24    managers, or controlling shareholders with the entity in 
25    violation of this Act or rules adopted under this Act;
26        (3) operates the same or substantially similar 
 
 
10400SB2279sam001- 22 -LRB104 12211 RLC 35107 a

1    manufacturing, distribution, or commercial activities as 
2    the entity in violation of this Act or rules adopted under 
3    this Act; or
4        (4) holds itself out to the public as a continuation 
5    of the entity in violation of this Act or rules adopted 
6    under this Act.
7    A successor entity under this subsection (h) shall inherit 
8all fees, penalties, liability, judgments, and obligations of 
9the manufacturer, retailer, distributor, importer, licensed 
10dealer, private seller, sponsor of a firearm trade show, or 
11organizer of a firearm trade show in violation of this Act or 
12rules adopted under this Act, regardless of nominal or other 
13corporate changes.
14    (i) If an entity is formed or used to avoid the fees, 
15penalties, liability, or other obligations of a manufacturer, 
16retailer, distributor, importer, licensed dealer, private 
17seller, sponsor of a firearm trade show, or organizer of a 
18firearm trade show that is in violation of this Act, the 
19State's Attorney of the county where the violation occurs or 
20the Attorney General may bring a civil action to declare the 
21new entity a successor of the manufacturer, retailer, 
22distributor, importer, licensed dealer, private seller, 
23sponsor of a firearm trade show, or organizer of a firearm 
24trade show. If the new entity is a successor, the court shall 
25treat both entities as a single enterprise, all liabilities 
26shall be imputed to the new entity, and enforcement actions 
 
 
10400SB2279sam001- 23 -LRB104 12211 RLC 35107 a

1may proceed directly against the successor. Any transfer of 
2assets, contracts, inventory, accounts receivable, or 
3intellectual property made after the manufacturer, retailer, 
4distributor, importer, licensed dealer, private seller, 
5sponsor of a firearm trade show, or organizer of a firearm 
6trade show in violation of this Act became aware of an 
7investigation, violation, or penalty shall be deemed 
8presumptively fraudulent and voidable by the State.
9    Subsections (g), (h), and (i) of this Section shall be 
10interpreted as additions to, but not limitations or 
11abrogations of, recovery from a successor in interest under 
12the common law.
 
13    Section 50. Rulemaking. The Agency shall adopt rules to 
14implement and administer this Act.
 
15    Section 80. The State Finance Act is amended by changing 
16Section 5 and by adding Section 5.1038 as follows:
 
17    (30 ILCS 105/5)  (from Ch. 127, par. 141)
18    Sec. 5. Special funds. 
19    (a) There are special funds in the State Treasury 
20designated as specified in the Sections which succeed this 
21Section 5 and precede Section 5d.
22    (b) Except as provided in the Illinois Vehicle Hijacking 
23and Motor Vehicle Theft Prevention and Insurance Verification 
 
 
10400SB2279sam001- 24 -LRB104 12211 RLC 35107 a

1Act and the Responsibility in Firearm Legislation Act, when 
2any special fund in the State Treasury is discontinued by an 
3Act of the General Assembly, any balance remaining therein on 
4the effective date of such Act shall be transferred to the 
5General Revenue Fund, or to such other fund as such Act shall 
6provide. Warrants outstanding against such discontinued fund 
7at the time of the transfer of any such balance therein shall 
8be paid out of the fund to which the transfer was made.
9    (c) Except as provided in the Responsibility in Firearm 
10Legislation Act, when When any special fund in the State 
11Treasury has been inactive for 18 months or longer, the 
12Comptroller may terminate the fund, and the balance remaining 
13in such fund shall be transferred by the Comptroller to the 
14General Revenue Fund. When a special fund has been terminated 
15by the Comptroller as provided in this Section, the General 
16Assembly shall repeal or amend all Sections of the statutes 
17creating or otherwise referring to that fund.
18    The Comptroller shall be allowed the discretion to 
19maintain or dissolve any federal trust fund which has been 
20inactive for 18 months or longer.
21    (d) (Blank).
22    (e) (Blank).
23(Source: P.A. 102-904, eff. 1-1-23; 103-266, eff. 1-1-24; 
24103-616, eff. 7-1-24.)
 
25    (30 ILCS 105/5.1038 new)
 
 
10400SB2279sam001- 25 -LRB104 12211 RLC 35107 a

1    Sec. 5.1038. The Responsibility in Firearm Legislation 
2Fund.".