2023 Illinois Compiled Statutes › Chapter 430 - PUBLIC SAFETY › 430 ILCS 68/ - Firearm Dealer License Certification Act. › Article 5 - Firearm Dealer License Certification Act

(430 ILCS 68/Art. 5 heading)
ARTICLE 5.  FIREARM DEALER LICENSE CERTIFICATION  ACT
(Source: P.A. 100-1178, eff. 1-18-19.)
(430 ILCS 68/5-1)
Sec. 5-1. Short title.  This Article 5 may be cited as the Firearm Dealer License Certification  Act.  References in this Article to "this Act" mean this Article.
(Source: P.A. 102-558, eff. 8-20-21.)
(430 ILCS 68/5-5)
Sec. 5-5. Definitions.  In this Act:
"Certified licensee" means a licensee that has previously certified its license with the Illinois State Police 
under this Act.
"Director" means the Director of the Illinois State Police.
"Entity" means any person, firm, corporation, group of individuals, or other legal entity.
"Inventory" means firearms in the possession of an individual or entity for the purpose of sale or
transfer.
"License" means a Federal Firearms License authorizing a person or entity to engage in the business of
dealing firearms.
"Licensee" means a person, firm, corporation, or other entity who has been given, and is currently in
possession of, a valid Federal Firearms License.
"Retail location" means a store open to the public from which a certified licensee
engages in the business of selling, transferring, or facilitating a sale or transfer of a firearm.
For purposes of this Act, the World Shooting and Recreational Complex, a gun show, or a similar event at which a certified licensee engages in business from time to time is not a retail location.
(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)
(430 ILCS 68/5-10)
Sec. 5-10. Copy of Federal Firearms License filed with the Illinois State Police. Each licensee shall file with the Illinois State Police a copy of its license,
together with a sworn affidavit indicating that the license presented
is in fact its license and that the license is valid. The Illinois State Police may by rule create a process for checking the validity of the license, in lieu of requiring an affidavit. Upon receipt and review by the Illinois State Police, the Illinois State Police 
shall issue a certificate of license to the licensee, allowing the
licensee to conduct business within this State.
The Illinois State Police shall issue an initial certificate of license within 30 days of receipt of the copy of license and sworn affidavit. If the Illinois State Police does not issue the certificate within 30 days, the licensee shall operate as if a certificate has been granted unless and until a denial is issued by the Illinois State Police.
(Source: P.A. 102-538, eff. 8-20-21.)
(430 ILCS 68/5-15)
Sec. 5-15. Certification requirement.
(a) Beginning 180 days after the effective date of this Act, it is unlawful for a person or entity to engage in the business
of selling, leasing, or otherwise transferring firearms
without a valid certificate of license issued under this Act.  In the event that a person or entity maintains multiple licenses to engage in different lines of business requiring different licenses at one location, then the licenses shall be deemed one license for purposes of certification. In the event that a person or entity maintains multiple licenses to engage in business at multiple locations, under the same business name on the license or a different business name on the license, then each license and location must receive its own certification.
(b) It is unlawful for a person or entity without first being a certified licensee under this Act to act as if he or she is certified  under this Act, to advertise, to assume to act as a certified licensee or to use a title implying that
the person or entity is engaged in business as a
certified licensee
without a license certified under this Act.
(c)  It is unlawful to obtain or attempt to obtain any
certificate of license under this Act by material misstatement or fraudulent
misrepresentation. Notwithstanding the provisions of Section
5-85, in addition to any penalty imposed under this Section, any
certificate of license obtained under this Act due to
material misstatement or fraudulent misrepresentation shall automatically be revoked.
(d) A person who violates any provision of this Section is
guilty of a Class A misdemeanor for a first violation, and a
Class 4 felony for a second or subsequent violation.
(e) In addition to any other penalty provided by law, any
person or entity who violates any provision of this Section
shall pay a civil penalty to the Illinois State Police in an amount not to
exceed $10,000 for each offense, as determined by the Illinois State Police. The civil penalty shall be assessed by the Illinois State Police
 after a hearing is held in accordance with Sections 5-95 and 5-100.
(f) The Illinois State Police has the authority and power to
investigate any and all unlicensed activity requiring a license certified under this Act.
(g) The civil penalty shall be paid within 90  days after
the effective date of the order imposing the civil penalty. The
order shall constitute a judgment and may be filed and
execution had thereon in the same manner as any judgment from
any court of record.
(h)  In the event the certification of  a certified licensee is revoked, it shall be a violation of this Act for the revoked licensee to seek certification of a license held under a different business name, or to re-open as a certified licensee under another business name using the same license or as the same person or entity doing business under a different business name.
(i)   The Illinois State Police shall require all of the following information from each applicant for certification under this Act:
(1)   The name, full business address, and telephone     number of the entity. The business address for the entity shall be the complete street address where firearms in the inventory of the entity are regularly stored, shall be located within the State, and may not be a Post Office Box.
(2)   All trade, business, or assumed names used by     the certified licensee by and under which the certified licensee sells, transfers, or facilitates transfers of firearms.
(3)   The type of ownership or operation, such as a     partnership, corporation, or sole proprietorship.
(4)   The name of the owner or operator of the     dealership, including:
(A)   if a person, then the name and address of         record of the person;
(B)   if a partnership, then the name and address         of record of each partner and the name of the partnership;
(C)   if a corporation, then the name, address of         record, and title of each corporate officer and each owner of more than 5% of the corporation, the corporate names by and which the certified licensee sells, transfers, or facilitates transfers of firearms, and the name of the state of incorporation; and
(D)   if a sole proprietorship, then the full         name and address of record of the sole proprietor and the name of the business entity.
(Source: P.A. 102-538, eff. 8-20-21.)
(430 ILCS 68/5-20)
Sec. 5-20. Additional licensee requirements.
(a) A certified licensee shall make a photo copy of a buyer's or transferee's valid photo identification card whenever a firearm sale transaction takes place.  The photo copy shall be attached to the documentation detailing the record of sale.
(b) A certified licensee shall post in a conspicuous position on the premises where the licensee conducts business a sign that contains the following warning in block letters not less than one inch in height:
"With few exceptions enumerated in the Firearm Owners     Identification Card Act, it is unlawful for you to:
(A)  store or leave an unsecured firearm in a         place where a child can obtain access to it;
(B) sell or transfer your firearm to someone else         without receiving approval for the transfer from the Illinois State Police, or
(C) fail to report the loss or theft of your         firearm to local law enforcement within 72 hours.".This sign shall be created by the Illinois State Police and made available for printing or downloading from the Illinois State Police's website.
(c) No retail location established after the effective date of this Act shall be located within 500 feet of any school, pre-school, or day care facility in existence at its location before the retail location is established as measured from the nearest corner of the building holding the retail location to the corner of the school, pre-school, or day care facility building nearest the retail location at the time the retail location seeks licensure.
(Source: P.A. 102-538, eff. 8-20-21.)
(430 ILCS 68/5-25)
Sec. 5-25. Exemptions. The provisions of this Act related
to the certification of a license do not apply to a
person or entity that engages in the following
activities:
(1) temporary transfers of firearms solely for use at     the location or on the premises where the transfer takes place, such as transfers at a shooting range for use at that location;
(2) temporary transfers of firearms solely for use     while in the presence of the transferor or transfers for the purposes of firearm safety training by a firearms safety training instructor;
(3) transfers of firearms among immediate family or        household members, as "immediate family or household member" is defined in Section 3-2.7-10 of the Unified Code of Corrections, provided that both the transferor and transferee have a currently valid Firearm Owner's Identification Card; however, this paragraph (3) does not limit the familial gift exemption under paragraph (2) of subsection (a-15) of Section 3 of the Firearm Owners Identification Card Act;
(4) transfers by persons or entities acting under     operation of law or a court order;
(5) transfers by persons or entities liquidating all     or part of a collection. For purposes of this paragraph (5), "collection" means 2 or more firearms which are of special interest to collectors by reason of some quality other than is associated with firearms intended for sporting use or as offensive or defensive weapons;
(6) transfers of firearms that have been rendered     permanently inoperable to a nonprofit historical society, museum, or institutional collection;
(7) transfers by a law enforcement or corrections     agency or a law enforcement or corrections officer acting within the course and scope of his or her official duties;
(8) transfers to a State or local law enforcement     agency by a person who has his or her Firearm Owner's Identification Card revoked;
(9) transfers of curios and relics, as defined under     federal law, between collectors licensed under subsection (b) of Section 923 of the federal Gun Control Act of 1968;
(10)  transfers by a person or entity licensed as an     auctioneer under the Auction License Act;
(10.5) transfers of firearms to a resident registered     competitor or attendee or non-resident registered competitor or attendee by a licensed federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 at a competitive shooting event held at the World Shooting and Recreational Complex that is sanctioned by a national governing body; or
(11)  transfers between a pawnshop and a customer     which amount to a bailment.  For purposes of this paragraph (11), "bailment" means the act of placing property in the custody and control of another, by agreement in which the holder is responsible for the safekeeping and return of the property.
(Source: P.A. 100-1178, eff. 1-18-19; 101-80, eff. 7-12-19.)
(430 ILCS 68/5-30)
Sec. 5-30. Training of certified licensees. Any
certified licensee and any employee of a certified licensee who sells or
transfers firearms shall receive at least 2 hours of training
annually regarding legal requirements and responsible business practices as applicable to the sale or transfer or firearms. The Illinois State Police may adopt rules regarding
continuing education for certified licensees related to legal requirements and responsible business practices regarding the sale or transfer of firearms.
(Source: P.A. 102-538, eff. 8-20-21.)
(430 ILCS 68/5-35)
Sec. 5-35. Inspection of licensees' places of business. 
Licensees shall have their places of business open for
inspection by the Illinois State Police and law enforcement during all
hours of operation involving the selling, leasing, or otherwise transferring of firearms, provided that the Illinois State Police or law
enforcement may conduct no more than one unannounced inspection
per business per year without good cause. During an inspection, licensees
shall make all records, documents, and firearms accessible for
inspection upon the request of the Illinois State Police or law
enforcement agency.
(Source: P.A. 102-538, eff. 8-20-21.)
(430 ILCS 68/5-40)
Sec. 5-40. Qualifications for operation.
(a) Each certified licensee shall submit with each application for certification or renewal an affidavit to the Illinois State Police stating that each owner, employee, or other agent of the certified licensee who sells or conducts transfers of firearms for the certified licensee is at least 21 years of age, has a currently valid Firearm Owner's Identification Card and, for a renewal, has completed the training required under Section 5-30. The affidavit must also contain the name and Firearm Owner's Identification Card number of each owner, employee, or other agent who sells or conducts transfers of firearms for the certified licensee. If an owner, employee, or other agent of the certified licensee is not otherwise a resident of this State, the certified licensee shall submit an affidavit stating that the owner, employee, or other agent has undergone a background check and is not prohibited from owning or possessing firearms.
(b) In addition to the affidavit required under subsection (a), within 30 days of a new owner, employee, or other agent beginning selling or conducting transfers of firearms for the certified licensee, the certified licensee shall submit an affidavit to the Illinois State Police stating the date that the new owner, employee, or other agent began selling or conducting transfers of firearms for the certified licensee, and providing the information required in subsection (a) for that new owner, employee, or other agent.
(c)  If a certified licensee has a license, certificate,  or permit to sell, lease, transfer, purchase, or possess firearms issued by  the federal government or the government of any state revoked or suspended for good cause within the preceding 4 years, the Illinois State Police may consider revoking or suspending the certified licenses in this State. In making a determination of whether or not to revoke or suspend a certified license in this State, the Illinois State Police shall consider the number of retail locations the certified licensee or any related person or entity operates in this State or in other states under the same or different business names, and the severity of the infraction in the state in which a license was revoked or suspended.
(d) Applications and affidavits required under this Section are not subject to disclosure by the Illinois State Police under the Freedom of Information Act.
(Source: P.A. 102-538, eff. 8-20-21.)
(430 ILCS 68/5-45)
Sec. 5-45. Issuance of subpoenas.  The Illinois State Police may
subpoena and bring before it any person or entity to take oral or written
testimony or may compel the production of any books, papers,
records, or any other documents that the Illinois State Police deems directly relevant or material to an investigation or
hearing conducted by the Illinois State Police in the enforcement of this Act, with the same
fees and in the same manner prescribed in civil cases in the
courts of this State.
The  licensee may file an emergency motion with the Director or a hearing officer authorized by the Illinois State Police to quash a subpoena issued by the Illinois State Police. If the Director or hearing officer determines that the subpoena was issued without good cause, the Director or hearing officer may quash the subpoena.
(Source: P.A. 102-538, eff. 8-20-21.)
(430 ILCS 68/5-50)
Sec. 5-50. Security system.
(a) On or before January 2, 2021, each certified licensee operating a retail location in
this State must maintain a video security system and shall maintain video surveillance of  critical areas of
the business premises, including, but not limited to, all
places where firearms in inventory are stored, handled, sold,
or transferred, and each entrance and exit.  A video surveillance system of the certified licensee's retail  location may not be installed in a bathroom and may not monitor
inside the bathrooms located in the retail location. If a video security system is deemed inadequate by the Illinois State Police, the licensee shall have 30 days to correct the inadequacy. The Illinois State Police shall submit to the licensee a written statement describing the specific inadequacies.
(b) Each certified licensee operating a retail establishment in this State must post a sign in a conspicuous place at
each entrance to the retail location that states in block letters not
less than one inch in height:
"THESE PREMISES ARE UNDER VIDEO SURVEILLANCE. YOUR IMAGE MAY
BE RECORDED.". This sign shall be created by the Illinois State Police and available for printing or downloading from the Illinois State Police's  website.
(c)  On or before January 2, 2020, each certified licensee maintaining an inventory of firearms for sale or transfer must be connected to an alarm monitoring system or service that will notify its local law enforcement agency of an unauthorized intrusion into the premises of the licensee where the firearm inventory is maintained.
(Source: P.A. 102-538, eff. 8-20-21.)
(430 ILCS 68/5-55)
Sec. 5-55. Safe storage by certified licensees.  In addition to
adequate locks, exterior lighting, surveillance cameras, alarm
systems, and other anti-theft measures and practices, a certified  licensee maintaining a retail location shall develop a plan that addresses the safe
storage of firearms and ammunition during retail hours and
after closing. The certified licensee shall submit its safe storage plan to the Illinois State Police and the plan shall be deemed approved unless it is rejected by the Illinois State Police.  The Illinois State Police may reject the plan if it is  inadequate, along with a written statement describing the specific inadequacies.  The certified licensee shall submit a corrected plan to the Illinois State Police within 60 days of notice of an inadequate plan.  In the event there are still problems with the corrected plan, the Illinois State Police shall note the specific inadequacies in writing and the certified licensee shall have 60 days from each notice of an inadequate plan to submit a corrected plan.  The Illinois State Police may reject the corrected plan if it is inadequate.  A certified licensee may operate at all times that a plan is on file with the Illinois State Police, and during times permitted by this Section to prepare and submit corrected plans.   That any certified licensee has operated without an approved safe storage plan for more than 60 days shall be grounds for revocation of a certificate of license.  The Illinois State Police shall adopt rules regarding the adequacy of a safe storage plan.  The rules shall take into account the various types and sizes of the entities involved, and shall comply with all relevant State and federal laws. Safe storage plans required under this Section are not subject to disclosure by the Illinois State Police under the Freedom of Information Act.
(Source: P.A. 102-538, eff. 8-20-21.)
(430 ILCS 68/5-60)
Sec. 5-60. Statewide compliance standards.  The Illinois State Police shall develop and implement by rule statewide training standards for assisting certified licensees in recognizing indicators that would lead a reasonable dealer to refuse sale
of a firearm, including, but not limited to, indicators of a straw purchase.
(Source: P.A. 102-538, eff. 8-20-21.)
(430 ILCS 68/5-65)
Sec. 5-65. Electronic-based recordkeeping. On or before January 2, 2020, each certified
licensee operating a retail location shall implement an
electronic-based record system to keep track of its changing
inventory by updating the make, model, caliber or gauge, and
serial number of each firearm that is received or sold by the certified licensee.  Retail sales and purchases shall be recorded within 24 hours of the transaction. Shipments of firearms from manufacturers or wholesalers shall be recorded upon the earlier of five business days or with 24 hours of the shipment being unpacked and the firearm placed in inventory. Each certified licensee shall maintain these records for
a period of no less than the time period under 27 CFR 478.129 or any subsequent law that regulates the retention of records.
(Source: P.A. 100-1178, eff. 1-18-19.)
(430 ILCS 68/5-70)
Sec. 5-70. Fees and fines deposited in the State Police Firearm Services Fund.  The Illinois State Police  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 Illinois State Police 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.  Moneys in the Fund shall be used for implementation and administration of this Act.
(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21.)
(430 ILCS 68/5-75)
Sec. 5-75. Term of license.  Each certification shall be valid for
the term of the license being certified.   A licensee shall certify each new or renewed  license.  However, the Illinois State Police is not required to renew a certification if a prior certification has been revoked or suspended.
(Source: P.A. 102-538, eff. 8-20-21.)
(430 ILCS 68/5-80)
Sec. 5-80. Retention of records.  Each certified licensee shall keep,
either in electronic form or hard copy, all acquisition and disposition records
for a period of time no less than the time required under 27 CFR 478.129  or any subsequent law that regulates the retention of records. All video surveillance
records, along with any sound recordings obtained from them, shall be kept
for a period of not less than 90 days.
(Source: P.A. 100-1178, eff. 1-18-19.)
(430 ILCS 68/5-85)
Sec. 5-85. Disciplinary sanctions.
(a) For violations of this Act not penalized under Section

5-15, the Illinois State Police may
refuse to renew or


restore, or may reprimand, place on probation, suspend, revoke,
or take other disciplinary or non-disciplinary action against
any licensee, and may impose a fine commensurate with the severity of the violation not to exceed $10,000 for each
violation for any of the following, consistent with the Protection
of Lawful Commerce in Arms Act, 15 U.S.C. 7901 through 7903:
(1) Violations of this Act, or any law applicable to     the sale or transfer of firearms.
(2) A pattern of practice or other behavior which     demonstrates incapacity or incompetency to practice under this Act.
(3) Aiding or assisting another person in violating     any provision of this Act or rules adopted under this Act.
(4) Failing, within 60 days, to provide information     in response to a written request made by the Illinois State Police.
(5) Conviction of, plea of guilty to, or plea of nolo     contendere to any crime that disqualifies the person from obtaining a valid Firearm Owner's Identification Card.
(6) Continued practice, although the person has     become unfit to practice due to any of the following:
(A) Any circumstance that disqualifies the person         from obtaining a valid Firearm Owner's Identification Card or concealed carry license.
(B) Habitual or excessive use or abuse of drugs         defined in law as controlled substances, alcohol, or any other substance that results in the inability to practice with reasonable judgment, skill, or safety.
(7) Receiving, directly or indirectly, compensation     for any firearms sold or transferred illegally.
(8) Discipline by another United States jurisdiction,     foreign nation, or governmental agency, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth in this Act.
(9) Violation of any disciplinary order imposed on a     licensee by the Illinois State Police.
(10) A finding by the Illinois State Police that the     licensee, after having his or her certified license placed on probationary status, has violated the terms of probation.
(11)  A fraudulent or material misstatement in the     completion of an affirmative obligation or inquiry by law enforcement.
(b) All fines imposed under this Section shall be paid
within 90 days after the effective date of the final order imposing
the fine.
(Source: P.A. 102-538, eff. 8-20-21.)
(430 ILCS 68/5-90)
Sec. 5-90. Statute of limitations.  No action may be taken
under this Act against a person or entity certified under this
Act unless the action is commenced within 5 years after the
occurrence of the alleged violations. A continuing violation
shall be deemed to have occurred on the date when the
circumstances last existed that give rise to the alleged
violation.
(Source: P.A. 100-1178, eff. 1-18-19.)
(430 ILCS 68/5-95)
Sec. 5-95. Complaints; investigations; hearings.
(a) The Illinois State Police may investigate the actions of any
applicant or of any person or persons holding or claiming to
hold a license or registration under this Act.
(b) The Illinois State Police shall, before disciplining a licensee
under Section 5-85 or refusing to issue a certificate of license, at least 30
days before the date set for the hearing, (i) notify the
accused in writing of the charges made and the time and place
for the hearing on the charges, (ii) direct him or her to file
a written answer to the charges under oath within 20 days after
service, and (iii) inform the licensee that
failure to answer will result in a default being entered
against the licensee.
(c) At the time and place fixed in the notice, the Director or
the hearing officer appointed by the Director shall proceed to
hear the charges, and the parties or their counsel shall be
accorded ample opportunity to present any pertinent
statements, testimony, evidence, and arguments. The Director or
hearing officer may continue the hearing from time to time. In
case the person, after receiving the notice, fails to file an
answer, his, her, or its license may, in the discretion of the Director, having first received the recommendation of the Director, be suspended, revoked, or placed on probationary status,
or be subject to whatever disciplinary action the Director considers proper, including limiting the scope, nature, or
extent of the person's business, or the imposition of a fine,
without hearing, if the act or acts charged constitute
sufficient grounds for that action under this Act.
(d) The written notice and any notice in the subsequent
proceeding may be served by certified mail to the licensee's
address of record.
(e) The Director has the authority to appoint any attorney
licensed to practice law in this State to serve as the hearing
officer in any action for refusal to issue, restore, or renew a
license, or to discipline a licensee. The hearing officer has
full authority to conduct the hearing.
(Source: P.A. 102-538, eff. 8-20-21.)
(430 ILCS 68/5-100)
Sec. 5-100. Hearing; rehearing.
(a)  The Director or the hearing officer authorized by the Illinois State Police
 shall hear evidence in support of the formal charges
and evidence produced by the licensee. At the conclusion of the
hearing, the Director shall prepare a written
report of his or her findings of fact, conclusions of law, and
recommendations. The report shall contain a finding of whether
the accused person violated this Act or failed to comply with
the conditions required in this Act.
(b) At the conclusion of the hearing, a copy of the Director's or hearing officer's report shall be served upon the licensee by the Illinois State Police, either personally or as provided
in this Act, for the service of a notice of hearing. Within 20
calendar days after service, the licensee may
present to the Illinois State Police a motion in writing for a rehearing,
which shall specify the particular grounds for rehearing. The Illinois State Police
 may respond to the motion for rehearing within 20
calendar days after its service on the Illinois State Police. If no motion
for rehearing is filed, then upon the expiration of the time
specified for filing such a motion, or upon denial of a motion
for rehearing, the Director may enter an order in accordance
with his or her recommendations or the recommendations of the hearing officer. If
the licensee orders from the reporting service and
pays for a transcript of the record within the time for filing
a motion for rehearing, the 20-day period within which a motion
may be filed shall commence upon the delivery of the transcript
to the licensee.
(c) All proceedings under this Section are matters of
public record and shall be preserved.
(d) The licensee may continue to operate during the course of an investigation or
hearing, unless the Director finds that the public interest,
safety, or welfare requires an emergency action.
(e) Upon the suspension or revocation of a certificate of license, the
licensee shall surrender the certificate to the Illinois State Police and,
upon failure to do so, the Illinois State Police shall seize the same.  However, when the certification of a certified licensee is  suspended, the certified licensee shall not operate as a certified licensee during the period in which the certificate  is suspended and, if operating during that period, shall be operating in violation of subsection (a) of Section 5-15 of this Act.  A person who violates this Section is guilty of a Class A misdemeanor for a first violation, and a Class 4 felony for a second or subsequent violation.  In addition to any other penalty provided by law, any person or entity who violates this Section shall pay a civil penalty to the Illinois State Police in an amount not to exceed $2,500 for the first violation, and a fine not to exceed $5,000 for a second or subsequent violation.
(Source: P.A. 102-538, eff. 8-20-21.)
(430 ILCS 68/5-105)
Sec. 5-105. Restoration of certificate of license after disciplinary
proceedings.  At any time after the successful completion of a
term of  probation, suspension, or
revocation of a certificate of license, the Illinois State Police may restore it to the
licensee, unless, after an investigation and a hearing, the Director
determines that restoration is not in the public
interest. No person or entity whose certificate of license, card, or authority
has been revoked as authorized in this Act may apply for
restoration of that certificate of license, card, or authority until
such time as provided for in the Civil Administrative Code of
Illinois.
(Source: P.A. 102-538, eff. 8-20-21.)
(430 ILCS 68/5-110)
Sec. 5-110. Administrative review. All final
administrative decisions of the Illinois State Police are subject to
judicial review under Article III of the Code of Civil
Procedure. The term "administrative decision" is defined as in
Section 3-101 of the Code of Civil Procedure. The proceedings
for judicial review shall be commenced in the circuit court of
the county in which the party applying for review resides, but
if the party is not a resident of this State, the venue shall
be in Sangamon County. The Illinois State Police shall not be required to
certify any record to the court, or file any answer in court, or
otherwise appear in any court in a judicial review proceeding,
unless, and until, the Illinois State Police has received from the plaintiff
payment of the costs of furnishing and certifying the record,
which costs shall be determined by the Illinois State Police. Exhibits
shall be certified without cost. Failure on the part of the
applicant or licensee to file a receipt in court is grounds for
dismissal of the action.
(Source: P.A. 102-538, eff. 8-20-21.)
(430 ILCS 68/5-115)
Sec. 5-115. Prima facie proof.
(a) An order or a certified copy thereof, over the seal of
the Illinois State Police and purporting to be signed by the Director, is
prima facie proof that the signature is that of the Director,
and the Director is qualified to act.
(b) A certified copy of a record of the Illinois State Police shall,
without further proof, be admitted into evidence in any legal
proceeding, and shall be prima facie correct and prima facie
evidence of the information contained therein.
(Source: P.A. 102-538, eff. 8-20-21.)
(430 ILCS 68/5-120)
Sec. 5-120. Federal agencies and investigations. Nothing in this Act shall be construed to  interfere with any federal agency or any federal agency investigation. All Illinois State Police rules adopted under this Act shall comply with federal law. The Illinois State Police may as necessary coordinate efforts with relevant State and federal law enforcement agencies to enforce this Act.
(Source: P.A. 102-538, eff. 8-20-21.)