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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB6160 Introduced 2/11/2016, by Rep. Andrew F Skoog SYNOPSIS AS INTRODUCED: |
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Amends the Firearm Concealed Carry Act. Provides that the Concealed Carry Licensing Review Board shall have no more than an additional 30 days for a total of 60 days to issue a decision, and upon expiration of the additional 30 days, the application shall be returned for normal processing absent a valid reason for denial as provided in the Act.
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| | A BILL FOR |
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| | HB6160 | | LRB099 18162 RLC 45008 b |
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1 | | AN ACT concerning safety.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Firearm Concealed Carry Act is amended by |
5 | | changing Section 20 as follows: |
6 | | (430 ILCS 66/20)
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7 | | Sec. 20. Concealed Carry Licensing Review Board. |
8 | | (a) There is hereby created within the Department of State |
9 | | Police a Concealed Carry Licensing Review Board to consider any |
10 | | objection to an applicant's eligibility to obtain a license |
11 | | under this Act submitted by a law enforcement agency or the |
12 | | Department under Section 15 of this Act. The Board shall |
13 | | consist of 7 commissioners to be appointed by the Governor, |
14 | | with the advice and consent of the Senate, with 3 commissioners |
15 | | residing within the First Judicial District and one |
16 | | commissioner residing within each of the 4 remaining Judicial |
17 | | Districts. No more than 4 commissioners shall be members of the |
18 | | same political party. The Governor shall designate one |
19 | | commissioner as the Chairperson. The Board shall consist of: |
20 | | (1) one commissioner with at least 5 years of service |
21 | | as a federal judge; |
22 | | (2) 2 commissioners with at least 5 years of experience |
23 | | serving as an attorney with the United States Department of |
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1 | | Justice; |
2 | | (3) 3 commissioners with at least 5 years of experience |
3 | | as a federal agent or employee with investigative |
4 | | experience or duties related to criminal justice under the |
5 | | United States Department of Justice, Drug Enforcement |
6 | | Administration, Department of Homeland Security, or |
7 | | Federal Bureau of Investigation; and |
8 | | (4) one member with at least 5 years of experience as a |
9 | | licensed physician or clinical psychologist with expertise |
10 | | in the diagnosis and treatment of mental illness. |
11 | | (b) The initial terms of the commissioners shall end on |
12 | | January 12, 2015. Thereafter, the commissioners shall hold |
13 | | office for 4 years, with terms expiring on the second Monday in |
14 | | January of the fourth year. Commissioners may be reappointed. |
15 | | Vacancies in the office of commissioner shall be filled in the |
16 | | same manner as the original appointment, for the remainder of |
17 | | the unexpired term. The Governor may remove a commissioner for |
18 | | incompetence, neglect of duty, malfeasance, or inability to |
19 | | serve. Commissioners shall receive compensation in an amount |
20 | | equal to the compensation of members of the Executive Ethics |
21 | | Commission and may be reimbursed for reasonable expenses |
22 | | actually incurred in the performance of their Board duties, |
23 | | from funds appropriated for that purpose. |
24 | | (c) The Board shall meet at the call of the chairperson as |
25 | | often as necessary to consider objections to applications for a |
26 | | license under this Act. If necessary to ensure the |
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1 | | participation of a commissioner, the Board shall allow a |
2 | | commissioner to participate in a Board meeting by electronic |
3 | | communication. Any commissioner participating electronically |
4 | | shall be deemed present for purposes of establishing a quorum |
5 | | and voting. |
6 | | (d) The Board shall adopt rules for the review of |
7 | | objections and the conduct of hearings. The Board shall |
8 | | maintain a record of its decisions and all materials considered |
9 | | in making its decisions. All Board decisions and voting records |
10 | | shall be kept confidential and all materials considered by the |
11 | | Board shall be exempt from inspection except upon order of a |
12 | | court. |
13 | | (e) In considering an objection of a law enforcement agency |
14 | | or the Department, the Board shall review the materials |
15 | | received with the objection from the law enforcement agency or |
16 | | the Department. By a vote of at least 4 commissioners, the |
17 | | Board may request additional information from the law |
18 | | enforcement agency, Department, or the applicant, or the |
19 | | testimony of the law enforcement agency, Department, or the |
20 | | applicant. The Board may require that the applicant submit |
21 | | electronic fingerprints to the Department for an updated |
22 | | background check where the Board determines it lacks sufficient |
23 | | information to determine eligibility. The Board may only |
24 | | consider information submitted by the Department, a law |
25 | | enforcement agency, or the applicant. The Board shall review |
26 | | each objection and determine by a majority of commissioners |
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1 | | whether an applicant is eligible for a license. |
2 | | (f) The Board shall issue a decision within 30 days of |
3 | | receipt of the objection from the Department. However, the |
4 | | Board need not issue a decision within 30 days if: |
5 | | (1) the Board requests information from the applicant, |
6 | | including but not limited to electronic fingerprints to be |
7 | | submitted to the Department, in accordance with subsection |
8 | | (e) of this Section, in which case the Board shall make a |
9 | | decision within 30 days of receipt of the required |
10 | | information from the applicant; |
11 | | (2) the applicant agrees, in writing, to allow the |
12 | | Board additional time to consider an objection; or |
13 | | (3) the Board notifies the applicant and the Department |
14 | | that the Board needs an additional 30 days to issue a |
15 | | decision. |
16 | | After expiration of the additional 30 days under paragraph |
17 | | (3) of this subsection, the Board shall have no more than an |
18 | | additional 30 days for a total of 60 days to issue a decision, |
19 | | and upon expiration of the additional 30 days, the application |
20 | | shall be returned for normal processing absent a valid reason |
21 | | for denial as provided in subsection (d) of Section 15 of this |
22 | | Act. |
23 | | (g) If the Board determines by a preponderance of the |
24 | | evidence that the applicant poses a danger to himself or |
25 | | herself or others, or is a threat to public safety, then the |
26 | | Board shall affirm the objection of the law enforcement agency |
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1 | | or the Department and shall notify the Department that the |
2 | | applicant is ineligible for a license. If the Board does not |
3 | | determine by a preponderance of the evidence that the applicant |
4 | | poses a danger to himself or herself or others, or is a threat |
5 | | to public safety, then the Board shall notify the Department |
6 | | that the applicant is eligible for a license. |
7 | | (h) Meetings of the Board shall not be subject to the Open |
8 | | Meetings Act and records of the Board shall not be subject to |
9 | | the Freedom of Information Act. |
10 | | (i) The Board shall report monthly to the Governor and the |
11 | | General Assembly on the number of objections received and |
12 | | provide details of the circumstances in which the Board has |
13 | | determined to deny licensure based on law enforcement or |
14 | | Department objections under Section 15 of this Act. The report |
15 | | shall not contain any identifying information about the |
16 | | applicants.
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17 | | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)
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