Full Text of SB0714 101st General Assembly
SB0714sam001 101ST GENERAL ASSEMBLY | Sen. Julie A. Morrison Filed: 3/14/2019
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| 1 | | AMENDMENT TO SENATE BILL 714
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 714 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Firearm Owners Identification Card Act is | 5 | | amended by changing Sections 3, 5, 7, 8, and 9.5 as follows: | 6 | | (430 ILCS 65/3) (from Ch. 38, par. 83-3) | 7 | | Sec. 3. (a) Except as provided in Section 3a, no person may | 8 | | knowingly
transfer, or cause to be transferred, any firearm, | 9 | | firearm ammunition, stun gun, or taser to any person within | 10 | | this State unless the
transferee with whom he deals displays | 11 | | either: (1) a currently valid Firearm Owner's
Identification | 12 | | Card which has previously been issued in his or her name by the
| 13 | | Department of State Police under the provisions of this Act; or | 14 | | (2) a currently valid license to carry a concealed firearm | 15 | | which has previously been issued in his or her name by the
| 16 | | Department of State Police under the Firearm Concealed Carry |
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| 1 | | Act. In addition,
all firearm, stun gun, and taser transfers by | 2 | | federally licensed firearm dealers are subject
to Section 3.1. | 3 | | (a-5) Any person who is not a federally licensed firearm | 4 | | dealer and who desires to transfer or sell a firearm while that | 5 | | person is on the grounds of a gun show must, before selling or | 6 | | transferring the firearm, request the Department of State | 7 | | Police to conduct a background check on the prospective | 8 | | recipient of the firearm in accordance with Section 3.1.
| 9 | | (a-10) Notwithstanding item (2) of subsection (a) of this | 10 | | Section, any person who is not a federally licensed firearm | 11 | | dealer and who desires to transfer or sell a firearm or | 12 | | firearms to any person who is not a federally licensed firearm | 13 | | dealer shall, before selling or transferring the firearms, | 14 | | appear at the physical location of a federally licensed firearm | 15 | | dealer and allow them to facilitate the transfer in accordance | 16 | | with Section 3.1 contact the Department of State Police with | 17 | | the transferee's or purchaser's Firearm Owner's Identification | 18 | | Card number to determine the validity of the transferee's or | 19 | | purchaser's Firearm Owner's Identification Card . This | 20 | | subsection shall not be effective until January 1, 2014. The | 21 | | Department of State Police may adopt rules concerning the | 22 | | implementation of this subsection. The Department of State | 23 | | Police shall provide the seller or transferor an approval | 24 | | number if the purchaser's Firearm Owner's Identification Card | 25 | | is valid. Approvals issued by the Department for the purchase | 26 | | of a firearm pursuant to this subsection are valid for 30 days |
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| 1 | | from the date of issue . | 2 | | (a-15) The provisions of subsection (a-10) of this Section | 3 | | do not apply to: | 4 | | (1) transfers that occur at the place of business of a | 5 | | federally licensed firearm dealer, if the federally | 6 | | licensed firearm dealer conducts a background check on the | 7 | | prospective recipient of the firearm in accordance with | 8 | | Section 3.1 of this Act and follows all other applicable | 9 | | federal, State, and local laws as if he or she were the | 10 | | seller or transferor of the firearm, although the dealer is | 11 | | not required to accept the firearm into his or her | 12 | | inventory. The purchaser or transferee may be required by | 13 | | the federally licensed firearm dealer to pay a fee not to | 14 | | exceed $10 per firearm, which the dealer may retain as | 15 | | compensation for performing the functions required under | 16 | | this paragraph, plus the applicable fees authorized by | 17 | | Section 3.1; | 18 | | (2) transfers as a bona fide gift to the transferor's | 19 | | husband, wife, son, daughter, stepson, stepdaughter, | 20 | | father, mother, stepfather, stepmother, brother, sister, | 21 | | nephew, niece, uncle, aunt, grandfather, grandmother, | 22 | | grandson, granddaughter, father-in-law, mother-in-law, | 23 | | son-in-law, or daughter-in-law; | 24 | | (3) transfers by persons acting pursuant to operation | 25 | | of law or a court order; | 26 | | (4) transfers on the grounds of a gun show under |
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| 1 | | subsection (a-5) of this Section; | 2 | | (5) the delivery of a firearm by its owner to a | 3 | | gunsmith for service or repair, the return of the firearm | 4 | | to its owner by the gunsmith, or the delivery of a firearm | 5 | | by a gunsmith to a federally licensed firearms dealer for | 6 | | service or repair and the return of the firearm to the | 7 | | gunsmith; | 8 | | (6) temporary transfers that occur while in the home of | 9 | | the unlicensed transferee, if the unlicensed transferee is | 10 | | not otherwise prohibited from possessing firearms and the | 11 | | unlicensed transferee reasonably believes that possession | 12 | | of the firearm is necessary to prevent imminent death or | 13 | | great bodily harm to the unlicensed transferee; | 14 | | (7) transfers to a law enforcement or corrections | 15 | | agency or a law enforcement or corrections officer acting | 16 | | within the course and scope of his or her official duties; | 17 | | (8) transfers of firearms that have been rendered | 18 | | permanently inoperable to a nonprofit historical society, | 19 | | museum, or institutional collection; and | 20 | | (9) transfers to a person who is exempt from the | 21 | | requirement of possessing a Firearm Owner's Identification | 22 | | Card under Section 2 of this Act. | 23 | | (a-20) The Department of State Police shall develop an | 24 | | Internet-based system for individuals to determine the | 25 | | validity of a Firearm Owner's Identification Card prior to the | 26 | | sale or transfer of a firearm. The Department shall have the |
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| 1 | | Internet-based system completed and available for use by July | 2 | | 1, 2015. The Department shall adopt rules not inconsistent with | 3 | | this Section to implement this system. | 4 | | (b) Any person within this State who transfers or causes to | 5 | | be
transferred any firearm, stun gun, or taser shall keep a | 6 | | record of such transfer for a period
of 10 years from the date | 7 | | of transfer. Such record shall contain the date
of the | 8 | | transfer; the description, serial number or other information
| 9 | | identifying the firearm, stun gun, or taser if no serial number | 10 | | is available; and, if the
transfer was completed within this | 11 | | State, the transferee's Firearm Owner's
Identification Card | 12 | | number and any approval number or documentation provided by the | 13 | | Department of State Police pursuant to subsection (a-10) of | 14 | | this Section; if the transfer was not completed within this | 15 | | State, the record shall contain the name and address of the | 16 | | transferee. On or after January 1, 2006, the record shall | 17 | | contain the date of application for transfer of the firearm. On | 18 | | demand of a peace officer such transferor
shall produce for | 19 | | inspection such record of transfer. If the transfer or sale | 20 | | took place at a gun show, the record shall include the unique | 21 | | identification number. Failure to record the unique | 22 | | identification number or approval number is a petty offense.
| 23 | | For transfers of a firearm, stun gun, or taser made on or after | 24 | | the effective date of this amendatory Act of the 100th General | 25 | | Assembly, failure by the private seller to maintain the | 26 | | transfer records in accordance with this Section is a Class A |
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| 1 | | misdemeanor for the first offense and a Class 4 felony for a | 2 | | second or subsequent offense. A transferee shall not be | 3 | | criminally liable under this Section provided that he or she | 4 | | provides the Department of State Police with the transfer | 5 | | records in accordance with procedures established by the | 6 | | Department. The Department shall establish, by rule, a standard | 7 | | form on its website. | 8 | | (b-5) Any resident may purchase ammunition from a person | 9 | | within or outside of Illinois if shipment is by United States | 10 | | mail or by a private express carrier authorized by federal law | 11 | | to ship ammunition. Any resident purchasing ammunition within | 12 | | or outside the State of Illinois must provide the seller with a | 13 | | copy of his or her valid Firearm Owner's Identification Card or | 14 | | valid concealed carry license and either his or her Illinois | 15 | | driver's license or Illinois State Identification Card prior to | 16 | | the shipment of the ammunition. The ammunition may be shipped | 17 | | only to an address on either of those 2 documents. | 18 | | (c) The provisions of this Section regarding the transfer | 19 | | of firearm
ammunition shall not apply to those persons | 20 | | specified in paragraph (b) of
Section 2 of this Act. | 21 | | (Source: P.A. 99-29, eff. 7-10-15; 100-1178, eff. 1-18-19.)
| 22 | | (430 ILCS 65/5) (from Ch. 38, par. 83-5)
| 23 | | Sec. 5. Application and renewal. | 24 | | (a) The Department of State Police shall either approve or
| 25 | | deny all applications within 90 30 days from the date they are |
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| 1 | | received,
except as provided in subsection (b) or (c) of this | 2 | | Section, and every applicant found qualified under Section 8 of | 3 | | this Act by
the Department shall be entitled to a Firearm | 4 | | Owner's Identification
Card upon the payment of a $25 $10 fee. | 5 | | Any applicant who is an active duty member of the Armed Forces | 6 | | of the United States, a member of the Illinois National Guard, | 7 | | or a member of the Reserve Forces of the United States is | 8 | | exempt from the application fee. $3 $6 of each fee derived from | 9 | | the
issuance of Firearm Owner's Identification Cards, or | 10 | | renewals thereof,
shall be deposited in the Wildlife and Fish | 11 | | Fund in the State Treasury;
$1 of the fee shall be deposited in | 12 | | the State Police Services Fund and $22 $3 of the fee shall be | 13 | | deposited in the
State Police Firearm Services Fund. | 14 | | (b) Renewal applications shall be approved or denied within | 15 | | 60 business days, provided the applicant submitted his or her | 16 | | renewal application prior to the expiration of his or her | 17 | | Firearm Owner's Identification Card. If a renewal application | 18 | | has been submitted prior to the expiration date of the | 19 | | applicant's Firearm Owner's Identification Card, the Firearm | 20 | | Owner's Identification Card shall remain valid while the | 21 | | Department processes the application, unless the person is | 22 | | subject to or becomes subject to revocation under this Act. The | 23 | | cost for a renewal application shall be $10 which shall be | 24 | | deposited into the State Police Firearm Services Fund.
| 25 | | (c) The applicant may submit a full set of fingerprints to | 26 | | the Department in electronic format, which allows the applicant |
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| 1 | | approval or denial of his or her application within 60 days | 2 | | from the date the application is received. | 3 | | (Source: P.A. 100-906, eff. 1-1-19 .)
| 4 | | (430 ILCS 65/7) (from Ch. 38, par. 83-7)
| 5 | | Sec. 7. Validity of Firearm Owner's Identification Card. | 6 | | (a) Except as provided in Section 8 of this Act or | 7 | | subsection (b) of this Section, a Firearm Owner's
| 8 | | Identification Card issued under the provisions of this Act | 9 | | shall be valid
for the person to whom it is issued for a period | 10 | | of 5 10 years from the date
of issuance. | 11 | | (b) If a renewal application is submitted to the Department | 12 | | before the expiration date of the applicant's current Firearm | 13 | | Owner's Identification Card, the Firearm Owner's | 14 | | Identification Card shall remain valid for a period of 60 | 15 | | business days, unless the person is subject to or becomes | 16 | | subject to revocation under this Act.
| 17 | | (Source: P.A. 100-906, eff. 1-1-19 .)
| 18 | | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
| 19 | | Sec. 8. Grounds for denial and revocation. The Department | 20 | | of State Police has authority to deny an
application for or to | 21 | | revoke and seize a Firearm Owner's Identification
Card | 22 | | previously issued under this Act only if the Department finds | 23 | | that the
applicant or the person to whom such card was issued | 24 | | is or was at the time
of issuance:
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| 1 | | (a) A person under 21 years of age who has been | 2 | | convicted of a
misdemeanor other than a traffic offense or | 3 | | adjudged delinquent;
| 4 | | (b) A person under 21 years of age who does not have | 5 | | the written consent
of his parent or guardian to acquire | 6 | | and possess firearms and firearm
ammunition, or whose | 7 | | parent or guardian has revoked such written consent,
or | 8 | | where such parent or guardian does not qualify to have a | 9 | | Firearm Owner's
Identification Card;
| 10 | | (c) A person convicted of a felony under the laws of | 11 | | this or any other
jurisdiction;
| 12 | | (d) A person addicted to narcotics;
| 13 | | (e) A person who has been a patient of a mental health | 14 | | facility within the
past 5 years or a person who has been a | 15 | | patient in a mental health facility more than 5 years ago | 16 | | who has not received the certification required under | 17 | | subsection (u) of this Section. An active law enforcement | 18 | | officer employed by a unit of government who is denied, | 19 | | revoked, or has his or her Firearm Owner's Identification | 20 | | Card seized under this subsection (e) may obtain relief as | 21 | | described in subsection (c-5) of Section 10 of this Act if | 22 | | the officer did not act in a manner threatening to the | 23 | | officer, another person, or the public as determined by the | 24 | | treating clinical psychologist or physician, and the | 25 | | officer seeks mental health treatment;
| 26 | | (f) A person whose mental condition is of such a nature |
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| 1 | | that it poses
a clear and present danger to the applicant, | 2 | | any other person or persons or
the community;
| 3 | | (g) A person who has an intellectual disability;
| 4 | | (h) A person who intentionally makes a false statement | 5 | | in the Firearm
Owner's Identification Card application;
| 6 | | (i) An alien who is unlawfully present in
the United | 7 | | States under the laws of the United States;
| 8 | | (i-5) An alien who has been admitted to the United | 9 | | States under a
non-immigrant visa (as that term is defined | 10 | | in Section 101(a)(26) of the
Immigration and Nationality | 11 | | Act (8 U.S.C. 1101(a)(26))), except that this
subsection | 12 | | (i-5) does not apply to any alien who has been lawfully | 13 | | admitted to
the United States under a non-immigrant visa if | 14 | | that alien is:
| 15 | | (1) admitted to the United States for lawful | 16 | | hunting or sporting purposes;
| 17 | | (2) an official representative of a foreign | 18 | | government who is:
| 19 | | (A) accredited to the United States Government | 20 | | or the Government's
mission to an international | 21 | | organization having its headquarters in the United
| 22 | | States; or
| 23 | | (B) en route to or from another country to | 24 | | which that alien is
accredited;
| 25 | | (3) an official of a foreign government or | 26 | | distinguished foreign visitor
who has been so |
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| 1 | | designated by the Department of State;
| 2 | | (4) a foreign law enforcement officer of a friendly | 3 | | foreign government
entering the United States on | 4 | | official business; or
| 5 | | (5) one who has received a waiver from the Attorney | 6 | | General of the United
States pursuant to 18 U.S.C. | 7 | | 922(y)(3);
| 8 | | (j) (Blank);
| 9 | | (k) A person who has been convicted within the past 5 | 10 | | years of battery,
assault, aggravated assault, violation | 11 | | of an order of protection, or a
substantially similar | 12 | | offense in another jurisdiction, in which a firearm was
| 13 | | used or possessed;
| 14 | | (l) A person who has been convicted of domestic | 15 | | battery, aggravated domestic battery, or a substantially
| 16 | | similar offense in another jurisdiction committed before, | 17 | | on or after January 1, 2012 (the effective date of Public | 18 | | Act 97-158). If the applicant or person who has been | 19 | | previously issued a Firearm Owner's Identification Card | 20 | | under this Act knowingly and intelligently waives the right | 21 | | to have an offense described in this paragraph (l) tried by | 22 | | a jury, and by guilty plea or otherwise, results in a | 23 | | conviction for an offense in which a domestic relationship | 24 | | is not a required element of the offense but in which a | 25 | | determination of the applicability of 18 U.S.C. 922(g)(9) | 26 | | is made under Section 112A-11.1 of the Code of Criminal |
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| 1 | | Procedure of 1963, an entry by the court of a judgment of | 2 | | conviction for that offense shall be grounds for denying an | 3 | | application for and for revoking and seizing a Firearm | 4 | | Owner's Identification Card previously issued to the | 5 | | person under this Act;
| 6 | | (m) (Blank);
| 7 | | (n) A person who is prohibited from acquiring or | 8 | | possessing
firearms or firearm ammunition by any Illinois | 9 | | State statute or by federal
law;
| 10 | | (o) A minor subject to a petition filed under Section | 11 | | 5-520 of the
Juvenile Court Act of 1987 alleging that the | 12 | | minor is a delinquent minor for
the commission of an | 13 | | offense that if committed by an adult would be a felony;
| 14 | | (p) An adult who had been adjudicated a delinquent | 15 | | minor under the Juvenile
Court Act of 1987 for the | 16 | | commission of an offense that if committed by an
adult | 17 | | would be a felony;
| 18 | | (q) A person who is not a resident of the State of | 19 | | Illinois, except as provided in subsection (a-10) of | 20 | | Section 4; | 21 | | (r) A person who has been adjudicated as a person with | 22 | | a mental disability; | 23 | | (s) A person who has been found to have a developmental | 24 | | disability; | 25 | | (t) A person involuntarily admitted into a mental | 26 | | health facility; or |
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| 1 | | (u) A person who has had his or her Firearm Owner's | 2 | | Identification Card revoked or denied under subsection (e) | 3 | | of this Section or item (iv) of paragraph (2) of subsection | 4 | | (a) of Section 4 of this Act because he or she was a | 5 | | patient in a mental health facility as provided in | 6 | | subsection (e) of this Section, shall not be permitted to | 7 | | obtain a Firearm Owner's Identification Card, after the | 8 | | 5-year period has lapsed, unless he or she has received a | 9 | | mental health evaluation by a physician, clinical | 10 | | psychologist, or qualified examiner as those terms are | 11 | | defined in the Mental Health and Developmental | 12 | | Disabilities Code, and has received a certification that he | 13 | | or she is not a clear and present danger to himself, | 14 | | herself, or others. The physician, clinical psychologist, | 15 | | or qualified examiner making the certification and his or | 16 | | her employer shall not be held criminally, civilly, or | 17 | | professionally liable for making or not making the | 18 | | certification required under this subsection, except for | 19 | | willful or wanton misconduct. This subsection does not | 20 | | apply to a person whose firearm possession rights have been | 21 | | restored through administrative or judicial action under | 22 | | Section 10 or 11 of this Act. | 23 | | Upon revocation of a person's Firearm Owner's | 24 | | Identification Card, the Department of State Police shall | 25 | | provide notice by mail and electronic mail with receipt | 26 | | verification of delivery when available to the person and the |
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| 1 | | person shall comply with Section 9.5 of this Act. | 2 | | (Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756, | 3 | | eff. 7-16-14; 99-143, eff. 7-27-15.)
| 4 | | (430 ILCS 65/9.5) | 5 | | Sec. 9.5. Revocation of Firearm Owner's Identification
| 6 | | Card. | 7 | | (a) A person who receives a revocation notice under Section | 8 | | 9 of this Act shall, within 48 hours of receiving notice of the | 9 | | revocation: | 10 | | (1) surrender his or her Firearm Owner's | 11 | | Identification Card to the local law enforcement agency | 12 | | where the person resides. The local law enforcement agency | 13 | | shall provide the person a receipt and transmit the Firearm | 14 | | Owner's Identification Card to the Department of State | 15 | | Police; and | 16 | | (2) complete a Firearm Disposition Record on a form | 17 | | prescribed by the Department of State Police and place his | 18 | | or her firearms in the location or with the person reported | 19 | | in the Firearm Disposition Record. The form shall require | 20 | | the person to disclose: | 21 | | (A) the make, model, and serial number of each | 22 | | firearm owned by or under the custody and control of | 23 | | the revoked person; | 24 | | (B) the location where each firearm will be | 25 | | maintained during the prohibited term; and |
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| 1 | | (C) if any firearm will be transferred to the | 2 | | custody of another person, the name, address and | 3 | | Firearm Owner's Identification Card number of the | 4 | | transferee. | 5 | | (b) The local law enforcement agency shall provide a copy | 6 | | of the Firearm Disposition Record to the person whose Firearm | 7 | | Owner's Identification Card has been revoked and to the | 8 | | Department of State Police. | 9 | | (c) If the person whose Firearm Owner's Identification Card | 10 | | has been revoked fails to comply with the requirements of this | 11 | | Section, the sheriff or law enforcement agency where the person | 12 | | resides may petition the circuit court to issue a warrant to | 13 | | search for and seize the Firearm Owner's Identification Card | 14 | | and firearms in the possession or under the custody or control | 15 | | of the person whose Firearm Owner's Identification Card has | 16 | | been revoked. | 17 | | (d) A violation of subsection (a) of this Section is a | 18 | | Class 4 felony A misdemeanor . | 19 | | (e) The observation of a Firearm Owner's Identification | 20 | | Card in the possession of a person whose Firearm Owner's | 21 | | Identification Card has been revoked constitutes a sufficient | 22 | | basis for the arrest of that person for violation of this | 23 | | Section. | 24 | | (f) Within 30 days after the effective date of this | 25 | | amendatory Act of the 98th General Assembly, the Department of | 26 | | State Police shall provide written notice of the requirements |
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| 1 | | of this Section to persons whose Firearm Owner's Identification | 2 | | Cards have been revoked, suspended, or expired and who have | 3 | | failed to surrender their cards to the Department. | 4 | | (g) A person whose Firearm Owner's Identification Card has | 5 | | been revoked and who received notice under subsection (f) shall | 6 | | comply with the requirements of this Section within 48 hours of | 7 | | receiving notice.
| 8 | | (Source: P.A. 98-63, eff. 7-9-13.) | 9 | | Section 10. The Firearm Concealed Carry Act is amended by | 10 | | changing Sections 20 and 30 as follows: | 11 | | (430 ILCS 66/20)
| 12 | | Sec. 20. Concealed Carry Licensing Review Board. | 13 | | (a) There is hereby created within the Department of State | 14 | | Police a Concealed Carry Licensing Review Board to consider any | 15 | | objection to an applicant's eligibility to obtain a license | 16 | | under this Act submitted by a law enforcement agency or the | 17 | | Department under Section 15 of this Act. The Board shall | 18 | | consist of 7 commissioners to be appointed by the Governor, | 19 | | with the advice and consent of the Senate, with 3 commissioners | 20 | | residing within the First Judicial District and one | 21 | | commissioner residing within each of the 4 remaining Judicial | 22 | | Districts. No more than 4 commissioners shall be members of the | 23 | | same political party. The Governor shall designate one | 24 | | commissioner as the Chairperson. The Board shall consist of: |
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| 1 | | (1) one commissioner with at least 5 years of service | 2 | | as a federal judge; | 3 | | (2) 2 commissioners with at least 5 years of experience | 4 | | serving as an attorney with the United States Department of | 5 | | Justice; | 6 | | (3) 3 commissioners with at least 5 years of experience | 7 | | as a federal agent or employee with investigative | 8 | | experience or duties related to criminal justice under the | 9 | | United States Department of Justice, Drug Enforcement | 10 | | Administration, Department of Homeland Security, or | 11 | | Federal Bureau of Investigation; and | 12 | | (4) one member with at least 5 years of experience as a | 13 | | licensed physician or clinical psychologist with expertise | 14 | | in the diagnosis and treatment of mental illness. | 15 | | (b) The initial terms of the commissioners shall end on | 16 | | January 12, 2015. Thereafter, the commissioners shall hold | 17 | | office for 4 years, with terms expiring on the second Monday in | 18 | | January of the fourth year. Commissioners may be reappointed. | 19 | | Vacancies in the office of commissioner shall be filled in the | 20 | | same manner as the original appointment, for the remainder of | 21 | | the unexpired term. The Governor may remove a commissioner for | 22 | | incompetence, neglect of duty, malfeasance, or inability to | 23 | | serve. Commissioners shall receive compensation in an amount | 24 | | equal to the compensation of members of the Executive Ethics | 25 | | Commission and may be reimbursed for reasonable expenses | 26 | | actually incurred in the performance of their Board duties, |
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| 1 | | from funds appropriated for that purpose. | 2 | | (c) The Board shall meet at the call of the chairperson as | 3 | | often as necessary to consider objections to applications for a | 4 | | license under this Act. If necessary to ensure the | 5 | | participation of a commissioner, the Board shall allow a | 6 | | commissioner to participate in a Board meeting by electronic | 7 | | communication. Any commissioner participating electronically | 8 | | shall be deemed present for purposes of establishing a quorum | 9 | | and voting. | 10 | | (d) The Board shall adopt rules for the review of | 11 | | objections and the conduct of hearings. The Board shall | 12 | | maintain a record of its decisions and all materials considered | 13 | | in making its decisions. All Board decisions and voting records | 14 | | shall be kept confidential and all materials considered by the | 15 | | Board shall be exempt from inspection except upon order of a | 16 | | court. | 17 | | (e) In considering an objection of a law enforcement agency | 18 | | or the Department, the Board shall review the materials | 19 | | received with the objection from the law enforcement agency or | 20 | | the Department. By a vote of at least 4 commissioners, the | 21 | | Board may request additional information from the law | 22 | | enforcement agency, Department, or the applicant, or the | 23 | | testimony of the law enforcement agency, Department, or the | 24 | | applicant. The Board may require that the applicant submit | 25 | | electronic fingerprints to the Department for an updated | 26 | | background check where the Board determines it lacks sufficient |
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| 1 | | information to determine eligibility. The Board may only | 2 | | consider information submitted by the Department, a law | 3 | | enforcement agency, or the applicant. The Board shall review | 4 | | each objection and determine by a majority of commissioners | 5 | | whether an applicant is eligible for a license. | 6 | | (f) The Board shall issue a decision within 30 days of | 7 | | receipt of the objection from the Department. However, the | 8 | | Board need not issue a decision within 30 days if: | 9 | | (1) the Board requests information from the applicant, | 10 | | including but not limited to electronic fingerprints to be | 11 | | submitted to the Department, in accordance with subsection | 12 | | (e) of this Section, in which case the Board shall make a | 13 | | decision within 30 days of receipt of the required | 14 | | information from the applicant; | 15 | | (2) the applicant agrees, in writing, to allow the | 16 | | Board additional time to consider an objection; or | 17 | | (3) the Board notifies the applicant and the Department | 18 | | that the Board needs an additional 30 days to issue a | 19 | | decision. | 20 | | (g) If the Board determines by a preponderance of the | 21 | | evidence that the applicant poses a danger to himself or | 22 | | herself or others, or is a threat to public safety, then the | 23 | | Board shall affirm the objection of the law enforcement agency | 24 | | or the Department and shall notify the Department that the | 25 | | applicant is ineligible for a license. If the Board does not | 26 | | determine by a preponderance of the evidence that the applicant |
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| 1 | | poses a danger to himself or herself or others, or is a threat | 2 | | to public safety, then the Board shall notify the Department | 3 | | that the applicant is eligible for a license. | 4 | | (h) Meetings of the Board shall not be subject to the Open | 5 | | Meetings Act and records of the Board shall not be subject to | 6 | | the Freedom of Information Act. | 7 | | (i) The Board shall report monthly to the Governor and the | 8 | | General Assembly on the number of objections received and | 9 | | provide details of the circumstances in which the Board has | 10 | | determined to deny licensure based on law enforcement or | 11 | | Department objections under Section 15 of this Act. The report | 12 | | shall not contain any identifying information about the | 13 | | applicants.
| 14 | | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.) | 15 | | (430 ILCS 66/30)
| 16 | | Sec. 30. Contents of license application. | 17 | | (a) The license application shall be in writing, under | 18 | | penalty of perjury, on a standard form adopted by the | 19 | | Department and shall be accompanied by the documentation | 20 | | required in this Section and the applicable fee. Each | 21 | | application form shall include the following statement printed | 22 | | in bold type: "Warning: Entering false information on this form | 23 | | is punishable as perjury under Section 32-2 of the Criminal | 24 | | Code of 2012." | 25 | | (b) The application shall contain the following: |
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| 1 | | (1) the applicant's name, current address, date and | 2 | | year of birth, place of birth, height, weight, hair color, | 3 | | eye color, maiden name or any other name the applicant has | 4 | | used or identified with, and any address where the | 5 | | applicant resided for more than 30 days within the 10 years | 6 | | preceding the date of the license application; | 7 | | (2) the applicant's valid driver's license number or | 8 | | valid state identification card number; | 9 | | (3) a waiver of the applicant's privacy and | 10 | | confidentiality rights and privileges under all federal | 11 | | and state laws, including those limiting access to juvenile | 12 | | court, criminal justice, psychological, or psychiatric | 13 | | records or records relating to any institutionalization of | 14 | | the applicant, and an affirmative request that a person | 15 | | having custody of any of these records provide it or | 16 | | information concerning it to the Department. The waiver | 17 | | only applies to records sought in connection with | 18 | | determining whether the applicant qualifies for a license | 19 | | to carry a concealed firearm under this Act, or whether the | 20 | | applicant remains in compliance with the Firearm Owners | 21 | | Identification Card Act; | 22 | | (4) an affirmation that the applicant possesses a | 23 | | currently valid Firearm Owner's Identification Card and | 24 | | card number if possessed or notice the applicant is | 25 | | applying for a Firearm Owner's Identification Card in | 26 | | conjunction with the license application; |
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| 1 | | (5) an affirmation that the applicant has not been | 2 | | convicted or found guilty of: | 3 | | (A) a felony; | 4 | | (B) a misdemeanor involving the use or threat of | 5 | | physical force or violence to any person within the 5 | 6 | | years preceding the date of the application; or | 7 | | (C) 2 or more violations related to driving while | 8 | | under the influence of alcohol, other drug or drugs, | 9 | | intoxicating compound or compounds, or any combination | 10 | | thereof, within the 5 years preceding the date of the | 11 | | license application; and | 12 | | (6) whether the applicant has failed a drug test for a | 13 | | drug for which the applicant did not have a prescription, | 14 | | within the previous year, and if so, the provider of the | 15 | | test, the specific substance involved, and the date of the | 16 | | test; | 17 | | (7) written consent for the Department to review and | 18 | | use the applicant's Illinois digital driver's license or | 19 | | Illinois identification card photograph and signature; | 20 | | (8) a full set of fingerprints submitted to the | 21 | | Department in electronic format , provided the Department | 22 | | may accept an application submitted without a set of | 23 | | fingerprints in which case the Department shall be granted | 24 | | 30 days in addition to the 90 days provided under | 25 | | subsection (e) of Section 10 of this Act to issue or deny a | 26 | | license ; |
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| 1 | | (9) a head and shoulder color photograph in a size | 2 | | specified by the Department taken within the 30 days | 3 | | preceding the date of the license application; and | 4 | | (10) a photocopy of any certificates or other evidence | 5 | | of compliance with the training requirements under this | 6 | | Act.
| 7 | | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.".
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