SB2279sam002 104TH GENERAL ASSEMBLY

Sen. Robert Peters

Filed: 5/15/2026

10400SB2279sam002 LRB104 12211 RLC 37538 a

AMENDMENT TO SENATE BILL 2279

AMENDMENT NO. ______. Amend Senate Bill 2279 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Responsibility in Firearm Legislation Act.

Section 5. Findings and purpose. The General Assembly finds that the people of the State of Illinois have incurred undue direct costs and financial burdens from injuries and deaths as a result of the use of firearms in this State. Therefore, to protect the health, safety, and welfare of the people of the State of Illinois, it is necessary that firearm manufacturers who generate substantial public costs share the financial consequences of their for-profit activity with the public and obtain licensing to sell, distribute, or import in Illinois. The proceeds of licensing under this Act are intended to be distributed within the State for community violence intervention, victim services, evidence-based high-risk youth intervention services, and evidence-based violence prevention services and must be substantially related to reducing public costs and harms created by firearm injury.

Section 10. Definitions. In this Act, unless the context requires otherwise:

"Department" means the Department of Financial and Professional Regulation.

"Destructive device" has the meaning given the term in 18 U.S.C. 921(a)(4).

"Direct costs" means costs incurred for the following: medical treatment and care; medical devices and prescription drugs; mental health treatment provided by a psychiatrist, psychologist, social worker, or behavioral therapist; physical therapy, occupational therapy, and rehabilitation services; funeral, burial, and cremation services; emergency transportation; lost wages; emergency relocation; property damage; legal services; emergency child or dependent care; or law enforcement and judicial costs.

"Distributor of firearms" or "distributor" means a person who supplies firearms to retailers or other businesses that sell firearms to consumers in this State.

"Evidence-based high-risk youth intervention services" has the same meaning given to that term in the Reimagine Public Safety Act.

"Evidence-based violence prevention services" has the same meaning given to that term in the Reimagine Public Safety Act.

"Experience rating" means a rating determined by the Department by rule that correlates with the number of firearms recovered in a given year in connection with incidents involving firearm injuries and firearm deaths that are linked to a specific manufacturer in the State, regardless of the origin of purchase, taking into account the number of firearm injuries and firearm deaths associated with each firearm recovered, regardless of modifications or accessories added to the firearm after manufacturing, divided by the total number of firearms recovered in connection with those incidents in that same year.

"Firearm" means:

(1) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive;

(2) the frame or receiver of any such weapon;

(3) any firearm muffler or firearm silencer; or

(4) any destructive device.

"Firearm" does not include an antique firearm.

"Firearm death" means the death of a person that is the direct or proximate result of a high-velocity projectile fired from a firearm. "Firearm death" includes suicides and homicides.

"Firearm injury" means a physical, mental, or emotional injury to a person that is the direct or proximate result of a high-velocity projectile fired from a firearm, whether self-inflicted, accidental, or intentional.

"Firearm trade show" means either (i) a professional industry event in which firearm manufacturers, firearm wholesalers, and firearm distributors showcase new firearm products and firearm-related products, negotiate deals, and network or (ii) a public event in which federally licensed dealers and, in some cases, private collectors or private sellers gather to display and sell firearms, ammunition, and outdoor gear directly to the general public.

"Importer" means any person that brings one or more manufactured firearms into the State of Illinois.

"Licensed dealer" means any person engaged in the business of selling guns for profit and who is legally authorized by federal and State authorities to manufacture, import, or sell firearms.

"Manufacturer" means any person engaged in the manufacture of firearms for purposes of sale or distribution or that holds a federal firearms license type 6, 7, or 10.

"Organizer of a firearm trade show" means a person responsible for planning, coordinating, and managing all aspects of a firearm trade show.

"Pawnbroker" means any person whose business or occupation includes the taking or receiving by way of pledge or pawn, of any firearm as security for the payment or repayment of money.

"Private seller" means a person who makes occasional sales from the person's personal collection of firearms and is not required to have a Federal Firearms License.

"Retailer of firearms" or "retailer" means a person that sells firearms directly to consumers in this State.

"RIFL license" or "license" means a Responsibility in Firearm Legislation License granted by the Department under Section 15 of this Act.

"Sponsor of a firearm trade show" means a person that funds or provides resources for specific parts of a firearm trade show in exchange for prominent marketing, visibility, and networking opportunities with industry professionals and consumers.

"Total annual aggregate fee" means the sum of all license fees imposed over one year on manufacturers under this Act.

"Tracing" means the systematic tracking of a firearm's manufacture, distribution, retail sale, and ownership.

Section 15. General powers and duties of the Department.

(a) The Department shall develop and administer the RIFL Licensing Program.

(a-1) The Responsibility in Firearm Legislation (RIFL) Licensing Program is established in the Department for the licensing of manufacturers of firearms.

(b) Except as otherwise limited by this Act, the Department has all of the powers to carry out the purposes and provisions of this Act, including, but not limited to:

(1) obtaining and employing personnel and hiring consultants that are necessary to fulfill the Department's purposes, and making expenditures for that purpose within the appropriations for that purpose;

(2) purchasing, receiving, taking by grant, gift, devise, bequest, or otherwise, lease, or otherwise acquiring, owning, holding, improving, employing, using, and otherwise dealing in and with, real or personal property, whether tangible or intangible, or any interest therein, within the State;

(3) acquiring real or personal property, whether tangible or intangible, including, without limitation, property rights, interests in property, franchises, obligations, contracts, and debt and equity securities;

(4) selling, conveying, leasing, exchanging, transferring, abandoning, or otherwise disposing of, or mortgaging, pledging, or creating a security interest in, any of its assets, properties, or any interest therein, wherever situated;

(5) purchasing, taking, receiving, subscribing for, or otherwise acquiring, holding, making a tender offer for, voting, disposing of, mortgaging, pledging or granting a security interest in, using, and otherwise dealing in and with, bonds and other obligations, shares or other securities (or interests therein) issued by others, whether engaged in a similar or different business or activity;

(6) making and executing agreements, contracts, and other instruments necessary or convenient in the exercise of the powers and functions of the Department under this Act, including contracts with any person;

(7) lending money, investing and reinvesting its funds in accordance with the Public Funds Investment Act, and taking and holding real and personal property as security for the payment of funds loaned or invested;

(8) borrowing money at such rate or rates of interest as the Department may determine, issuing its notes, bonds, or other obligations to evidence that indebtedness, and securing any of its obligations by mortgage or pledge of its real or personal property, revenues, grants, and other funds as provided or any interest therein, wherever situated;

(9) procuring insurance against any loss in connection with its properties or operations in such amount or amounts and from such insurers as it may deem necessary or desirable, and paying any premiums thereof;

(10) entering into management agreements for the operation of any of the property or facilities owned by the Department;

(11) maintaining an office or offices at such place or places in the State as it may determine;

(12) requesting information, and making any inquiry, investigation, or study that the Department may deem necessary to enable it effectively to carry out the provisions of this Act;

(13) accepting and expending appropriations;

(14) engaging in any activity or operation that is incidental to and in furtherance of efficient operation to accomplish the Department's purposes, including hiring employees that the Department deems essential for the operations of the Department;

(15) adopting, revising, amending, and repealing rules with respect to its operations and properties as may be necessary or convenient to carry out the purposes of this Act, subject to the provisions of the Illinois Administrative Procedure Act;

(16) establishing and collecting charges and fees as described in this Act; and

(17) implementing and administering this Act.

(c) The personnel, administration, and other costs and expenses of the Department may only be paid by appropriations from the RIFL Fund or by appropriations from any other fund. Any appropriation from the General Revenue Fund or any other fund besides the RIFL Fund to pay for the personnel, administration, and other costs and expenses of the Department shall be reimbursed by transfer from the RIFL Fund at the direction of the Department.

Section 20. Responsibility in Firearm Legislation Licensing Program.

(a) The Responsibility in Firearm Legislation Licensing Program is established and shall be administered by the Department.

(b) A manufacturer in this State shall be issued a RIFL license by the Department upon payment of a fee set by the Department according to the manufacturer's responsible portion of the total annual aggregate fee using the manufacturer's experience rating.

(c) The Department shall maintain a list of all licensed manufacturers under this Section to be published on the Department's website.

(d) Retailers, distributors, and importers shall report to the Department the name of the manufacturer or manufacturers with whom the retailer, distributor, or importer contracts or transacts by September 1, 2027, and annually thereafter.

(e) Before commencing the Responsibility in Firearm Legislation Licensing Program under this Section, and in accordance with this Act and the Illinois Procurement Code, the Department shall issue a request for proposals and contract with an actuarial or economics consulting firm with experience or expertise to determine each eligible manufacturer's portion of the initial $50,000,000 total annual aggregate fee using experience rating as defined in this Act. The Department shall annually set fees for a RIFL license based on the following:

(1) The total annual aggregate fee for all manufacturers of firearms in this State shall be set by the Department at an amount that the Department estimates is equal to no less than 7% and no more than 15% of the direct costs and financial burdens borne by the State and its residents as a result of firearm deaths and firearm injuries occurring in this State, as determined by the Department based on the incidence of firearm deaths and firearm injuries in this State in the previous year, except that in the first program year the total annual aggregate fee shall be equal to $50,000,000, which is 7% of the calculated direct expenses of firearm deaths and firearm injuries in the State of Illinois in calendar year 2024. The Department shall not increase the annual aggregate percentage of the direct costs assigned to manufacturers by more than 1.5% per fiscal year.

(2) The total annual aggregate fee for all manufacturers in this State shall annually thereafter be adjusted by the Department based on the incidence of firearm injury and firearm death and related expenses.

(3) The RIFL license fee for each manufacturer shall be calculated according to the manufacturer's portion of the total annual aggregate fee using the manufacturer's experience rating.

(4) No more than 10% of the annual aggregate fee shall be appropriated for personnel, administration, and other costs of the Department, except that in the first year or any year the Department contracts with an actuarial or economics consulting firm under this subsection (e), the percentage of the annual aggregate fee allocated for personnel, administration, and other costs of the Department and may be adjusted to cover the costs and expenses related to the actuarial or economics consulting firm under this subsection (e).

Costs and expenses of the State related to the actuarial or economics consulting firm under this subsection (e) shall either be paid by appropriations from the RIFL Fund or by appropriations from any other fund. Any appropriation from the General Revenue Fund or any other fund besides the RIFL Fund to pay for costs and expenses related to the actuarial or economics consulting firm shall be reimbursed by transfer from the RIFL Fund at the direction of the Department.

(f) The Department shall inform each manufacturer of the amount of the license fee due from the manufacturer and the description of how the fee was calculated at least 90 days before the license renewal date.

(g) The Department shall provide manufacturers with an opportunity to dispute any fees levied for a license under procedures established by rules adopted by the Department under this Act.

(h) The proceeds from all fees under the Responsibility in Firearm Legislation Licensing Program shall be deposited into the RIFL Fund established under Section 25 for grants through the Reimagine Public Safety Act under the Department of Human Services Office of Firearm Violence Prevention.

(i) Beginning June 19, 2028, a manufacturer may not operate in this State without a license issued by the Department under this Act.

(j) Beginning June 19, 2028, a retailer may not sell a firearm to a consumer in this State from a manufacturer who does not have a license issued by the Department under this Act.

(k) Beginning June 19, 2028, an importer may not import firearms into this State from a manufacturer who does not have a license issued by the Department under this Act.

(l) Beginning June 19, 2028, a distributor may not distribute a firearm into this State from a manufacturer who does not have a license issued by the Department under this Act.

(m) Beginning June 19, 2028, a licensed dealer, pawnbroker, private seller, sponsor of a firearm trade show, or organizer of a firearm trade show may not sell, distribute, sponsor, or organize to effectuate the selling of firearms in this State from a manufacturer who does not have a license issued by the Department under this Act.

Section 25. RIFL Fund. The RIFL Fund is created as a special fund in the State treasury. Proceeds from fees imposed for RIFL licenses under Section 20 of this Act or from fees imposed under rules adopted under this Act shall be collected by the Department and deposited into the Fund. Civil penalties collected under Section 35 shall be deposited into the Fund. Interest and dividends shall be reinvested into the Fund. Moneys in the RIFL Fund, as directed by the Department and in consultation with the Department of Human Services Office of Firearm Violence Prevention, shall be expended to provide for grants through the Reimagine Public Safety Act under the Department of Human Services Office of Firearm Violence Prevention, for costs, expenses, and reimbursements under paragraph (4) of subsection (e) of Section 20, and for no other purpose, except that moneys in the RIFL Fund, as directed by the Department, may be transferred to reimburse appropriations from other funds pursuant to subsection (f) of Section 20, subsection (c) of Section 35, or subsection (e) of Section 20. Subsections (b) and (c) of Section 5 of the State Finance Act do not apply to the RIFL Fund.

Section 30. RIFL firearm recovery reporting.

(a) Beginning June 1, 2027, all law enforcement agencies shall report to the Illinois State Police any firearms identified by physical recovery or through tracing that resulted in a firearm injury or firearm death, and shall include the manufacturer, and, if available, the serial number, make, or model of the firearm.

(b) The Illinois State Police shall compile all reports and provide a report to the Department by December 1, 2027, and annually thereafter.

(c) The Department shall make available on the Department's public website the substance of the reports received under this Section.

(d) The Department, in consultation with the Illinois State Police, shall, by rule, establish procedures implementing this Section.

Section 35. Enforcement and penalties.

(a) The State's Attorney of the county where the violation occurs or the Attorney General may investigate violations of this Act or rules adopted under this Act and bring civil actions to enforce this Act or rules adopted under this Act. Any civil penalty collected under this Act or rules adopted under this Act shall be deposited into the RIFL Fund.

(b) A manufacturer who violates subsection (i) of Section 20 is subject to a civil penalty of up to $250,000. After 60 days of continuous violation of subsection (i) of Section 20, the manufacturer shall be prohibited from operating in the State. A manufacturer is liable for all fees, fines, or other penalties levied, including any fees, fines, or penalties for late payment or other fees, fines, or penalties under rules adopted by the Department. A license shall not be reinstated until all outstanding fees, fines, and other penalties are paid in full. All fines and penalties shall be paid into the RIFL Fund.

(c) A retailer, distributor, importer, licensed dealer, private seller, sponsor of a firearm trade show, or organizer of a firearm trade show who violates subsection (j), (k), (l), or (m) of Section 20 is subject to a civil penalty of up to $10,000 per violation. It is an affirmative defense that a retailer, distributor, importer, licensed dealer, private seller, sponsor of a firearm trade show, or organizer of a firearm trade show reasonably relied upon the list of manufacturers under Section 20 of this Act.

(d) The Department may adopt rules that provide for other civil penalties for violations of this Act or rules adopted under this Act of no more than $10,000 per violation for retailers, distributors, importers, licensed dealers, private sellers, sponsors of a firearm trade show, or organizers of a firearm trade show.

(e) The State's Attorney of the county where the violation occurs or the Attorney General may bring an action for an equitable or other remedy in a court to enforce this Act or to prevent a violation of this Act.

(f) If a manufacturer that operates in the State on or after the effective date of this Act stops operating in the State for any period of time and stops paying fees under Section 20 but then later resumes operating in the State, the manufacturer must pay all the fees under Section 20 for the years the manufacturer was not operating in the State or not paying its annual fees under Section 20.

Section 40. Rulemaking. The Department shall adopt rules to implement and administer this Act.

Section 90. The State Finance Act is amended by changing Section 5 and by adding Section 5.1038 as follows:

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

Sec. 5. Special funds.

(a) There are special funds in the State Treasury designated as specified in the Sections which succeed this Section 5 and precede Section 5d.

(b) Except as provided in the Illinois Vehicle Hijacking and Motor Vehicle Theft Prevention and Insurance Verification Act and the Responsibility in Firearm Legislation Act, when any special fund in the State Treasury is discontinued by an Act of the General Assembly, any balance remaining therein on the effective date of such Act shall be transferred to the General Revenue Fund, or to such other fund as such Act shall provide. Warrants outstanding against such discontinued fund at the time of the transfer of any such balance therein shall be paid out of the fund to which the transfer was made.

(c) Except as provided in the Responsibility in Firearm Legislation Act, when When any special fund in the State Treasury has been inactive for 18 months or longer, the Comptroller may terminate the fund, and the balance remaining in such fund shall be transferred by the Comptroller to the General Revenue Fund. When a special fund has been terminated by the Comptroller as provided in this Section, the General Assembly shall repeal or amend all Sections of the statutes creating or otherwise referring to that fund.

The Comptroller shall be allowed the discretion to maintain or dissolve any federal trust fund which has been inactive for 18 months or longer.

(d) (Blank).

(e) (Blank).

(Source: P.A. 102-904, eff. 1-1-23; 103-266, eff. 1-1-24; 103-616, eff. 7-1-24.)

(30 ILCS 105/5.1038 new)

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