Bill Text: IL HB4348 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Firearm Owners Identification Card Act. Provides that a unit of local government, including a home rule unit, may not impose any tax, fee, or other assessment other than the normal sales tax rate for goods, on any firearms, firearm attachments, or firearm ammunition. Provides that the provisions of any ordinance or resolution on or after the effective date of the amendatory Act by any municipal or county government that imposes any tax, fee, or other assessment other than the normal sales tax rate for goods are invalid and all those existing ordinances and resolutions are void. Defines "sales tax". Effective immediately.

Spectrum: Moderate Partisan Bill (Republican 40-10)

Status: (Introduced - Dead) 2016-08-16 - Added Co-Sponsor Rep. David S. Olsen [HB4348 Detail]

Download: Illinois-2015-HB4348-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB4348 Introduced , by Rep. Jerry F. Costello, II SYNOPSIS AS INTRODUCED:
430 ILCS 65/13.1 from Ch. 38, par. 83-13.1
Amends the Firearm Owners Identification Card Act. Provides that a unit of local government, including a home rule unit, may not impose any tax, fee, or other assessment other than the normal sales tax rate for goods, on any firearms, firearm attachments, or firearm ammunition. Provides that the provisions of any ordinance or resolution on or after the effective date of the amendatory Act by any municipal or county government that imposes any tax, fee, or other assessment other than the normal sales tax rate for goods are invalid and all those existing ordinances and resolutions are void. Defines "sales tax". Effective immediately.
LRB099 15463 RLC 39748 b
FISCAL NOTE ACT MAY APPLY HOME RULE NOTE ACT MAY APPLY
A BILL FOR
HB4348 LRB099 15463 RLC 39748 b
AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Firearm Owners Identification Card Act is
amended by changing Section 13.1 as follows:
(430 ILCS 65/13.1) (from Ch. 38, par. 83-13.1)
Sec. 13.1. Preemption.
(a) Except as otherwise provided in the Firearm Concealed
Carry Act and subsections (b) and (c) of this Section, the
provisions of any ordinance enacted by any municipality which
requires registration or imposes greater restrictions or
limitations on the acquisition, possession and transfer of
firearms than are imposed by this Act, are not invalidated or
affected by this Act.
(b) Notwithstanding subsection (a) of this Section, the
regulation, licensing, possession, and registration of
handguns and ammunition for a handgun, and the transportation
of any firearm and ammunition by a holder of a valid Firearm
Owner's Identification Card issued by the Department of State
Police under this Act are exclusive powers and functions of
this State. Any ordinance or regulation, or portion of that
ordinance or regulation, enacted on or before the effective
date of this amendatory Act of the 98th General Assembly that

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purports to impose regulations or restrictions on a holder of a
valid Firearm Owner's Identification Card issued by the
Department of State Police under this Act in a manner that is
inconsistent with this Act, on the effective date of this
amendatory Act of the 98th General Assembly, shall be invalid
in its application to a holder of a valid Firearm Owner's
Identification Card issued by the Department of State Police
under this Act.
(c) Notwithstanding subsection (a) of this Section, the
regulation of the possession or ownership of assault weapons
are exclusive powers and functions of this State. Any ordinance
or regulation, or portion of that ordinance or regulation, that
purports to regulate the possession or ownership of assault
weapons in a manner that is inconsistent with this Act, shall
be invalid unless the ordinance or regulation is enacted on,
before, or within 10 days after the effective date of this
amendatory Act of the 98th General Assembly. Any ordinance or
regulation described in this subsection (c) enacted more than
10 days after the effective date of this amendatory Act of the
98th General Assembly is invalid. An ordinance enacted on,
before, or within 10 days after the effective date of this
amendatory Act of the 98th General Assembly may be amended. The
enactment or amendment of ordinances under this subsection (c)
are subject to the submission requirements of Section 13.3. For
the purposes of this subsection, "assault weapons" means
firearms designated by either make or model or by a test or

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list of cosmetic features that cumulatively would place the
firearm into a definition of "assault weapon" under the
ordinance.
(c-5) A unit of local government, including a home rule
unit, may not impose any tax, fee, or other assessment other
than the normal sales tax rate for goods, on any firearms,
firearm attachments, or firearm ammunition. The provisions of
any ordinance or resolution on or after the effective date of
this amendatory Act of the 99th General Assembly by any
municipal or county government that imposes any tax, fee, or
other assessment other than the normal sales tax rate for goods
prohibited by this subsection (c-5) are invalid and all those
existing ordinances and resolutions are void.
(d) For the purposes of this Section:
"Handgun" , "handgun" has the meaning ascribed to it in
Section 5 of the Firearm Concealed Carry Act.
"Sales tax" means the tax levied under the Service
Occupation Tax Act or the Retailers' Occupation Tax Act.
"Sales tax" also means any local sales tax levied under the
Home Rule Municipal Retailers' Occupation Tax Act, the
Non-Home Rule Municipal Retailers' Occupation Tax Act, the
Non-Home Rule Municipal Service Occupation Tax Act, the
Home Rule Municipal Service Occupation Tax Act, or the Home
Rule County Retailers' Occupation Tax Law or any use tax
levied under the Use Tax Act or the Service Use Tax Act or
any local use tax levied under the Home Rule Municipal Use

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Tax Act.
(e) This Section is a denial and limitation of home rule
powers and functions under subsection (h) of Section 6 of
Article VII of the Illinois Constitution.
(Source: P.A. 98-63, eff. 7-9-13.)
Section 99. Effective date. This Act takes effect upon
becoming law.