Bill Text: IL HB1453 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the Public Utilities Act in relation to marketing alternative services and products. Limits the use of early termination clauses and penalties. Requires certain utilities to share customer lists. Defines terms. Effective immediately.

Sponsorship: Partisan Bill (Democrat 3)

Status: (Failed) 2014-12-03 - Session Sine Die [HB1453 Detail]

Download: Illinois-2013-HB1453-Amended.html

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Sen. John J. Cullerton

Filed: 7/9/2013

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AMENDMENT TO HOUSE BILL 1453
AMENDMENT NO. ______. Amend House Bill 1453 by replacing
everything after the enacting clause with the following:
"Section 5. If and only if House Bill 183 of the 98th
General Assembly becomes law, then the Firearm Concealed Carry
Act is amended by changing Sections 10 and 65 as follows:
(09800HB0183enr, Sec. 10)
Sec. 10. Issuance of licenses to carry a concealed firearm.
(a) The Department shall issue a license to carry a
concealed firearm under this Act to an applicant who:
(1) meets the qualifications of Section 25 of this Act;
(2) has provided the application and documentation
required in Section 30 of this Act;
(3) has submitted the requisite fees; and
(4) does not pose a danger to himself, herself, or
others, or a threat to public safety as determined by the

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Concealed Carry Licensing Review Board in accordance with
Section 20.
(b) The Department shall issue a renewal, corrected, or
duplicate license as provided in this Act.
(c) A license shall be valid throughout the State for a
period of 5 years from the date of issuance. A license shall
permit the licensee to :
(1) carry a loaded or unloaded concealed firearm, fully
concealed or partially concealed, on or about his or her
person; and
(2) keep or carry a loaded or unloaded concealed
firearm on or about his or her person within a vehicle.
(d) The Department shall make applications for a license
available no later than 180 days after the effective date of
this Act. The Department shall establish rules for the
availability and submission of applications in accordance with
this Act.
(e) An application for a license submitted to the
Department that contains all the information and materials
required by this Act, including the requisite fee, shall be
deemed completed. Except as otherwise provided in this Act, no
later than 90 days after receipt of a completed application,
the Department shall issue or deny the applicant a license.
(f) The Department shall deny the applicant a license if
the applicant fails to meet the requirements under this Act or
the Department receives a determination from the Board that the

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applicant is ineligible for a license. The Department must
notify the applicant stating the grounds for the denial. The
notice of denial must inform the applicant of his or her right
to an appeal through administrative and judicial review.
(g) A licensee shall possess a license at all times the
licensee carries a concealed firearm except:
(1) when the licensee is carrying or possessing a
concealed firearm on his or her land or in his or her
abode, legal dwelling, or fixed place of business, or on
the land or in the legal dwelling of another person as an
invitee with that person's permission;
(2) when the person is authorized to carry a firearm
under Section 24-2 of the Criminal Code of 2012, except
subsection (a-5) of that Section; or
(3) when the handgun is broken down in a
non-functioning state, is not immediately accessible, or
is unloaded and enclosed in a case.
(h) If an officer of a law enforcement agency initiates an
investigative stop, including but not limited to a traffic
stop, of a licensee who is carrying a concealed firearm, upon
the request of the officer the licensee shall immediately
disclose to the officer that he or she is in possession of a
concealed firearm under this Act, present the license upon the
request of the officer, and identify the location of the
concealed firearm.
(i) The Department shall maintain a database of license

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applicants and licensees. The database shall be available to
all federal, State, and local law enforcement agencies, State's
Attorneys, the Attorney General, and authorized court
personnel. Within 180 days after the effective date of this
Act, the database shall be searchable and provide all
information included in the application, including the
applicant's previous addresses within the 10 years prior to the
license application and any information related to violations
of this Act. No law enforcement agency, State's Attorney,
Attorney General, or member or staff of the judiciary shall
provide any information to a requester who is not entitled to
it by law.
(j) No later than 10 days after receipt of a completed
application, the Department shall enter the relevant
information about the applicant into the database under
subsection (i) of this Section which is accessible by law
enforcement agencies.
(Source: 09800HB0183enr.)
(09800HB0183enr, Sec. 65)
Sec. 65. Prohibited areas.
(a) A licensee under this Act shall not knowingly carry a
firearm on or into:
(1) Any building, real property, and parking area under
the control of a public or private elementary or secondary
school.

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(2) Any building, real property, and parking area under
the control of a pre-school or child care facility,
including any room or portion of a building under the
control of a pre-school or child care facility. Nothing in
this paragraph shall prevent the operator of a child care
facility in a family home from owning or possessing a
firearm in the home or license under this Act, if no child
under child care at the home is present in the home or the
firearm in the home is stored in a locked container when a
child under child care at the home is present in the home.
(3) Any building, parking area, or portion of a
building under the control of an officer of the executive
or legislative branch of government, provided that nothing
in this paragraph shall prohibit a licensee from carrying a
concealed firearm onto the real property, bikeway, or trail
in a park regulated by the Department of Natural Resources
or any other designated public hunting area or building
where firearm possession is permitted as established by the
Department of Natural Resources under Section 1.8 of the
Wildlife Code.
(4) Any building designated for matters before a
circuit court, appellate court, or the Supreme Court, or
any building or portion of a building under the control of
the Supreme Court.
(5) Any building or portion of a building under the
control of a unit of local government.

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(6) Any building, real property, and parking area under
the control of an adult or juvenile detention or
correctional institution, prison, or jail.
(7) Any building, real property, and parking area under
the control of a public or private hospital or hospital
affiliate, mental health facility, or nursing home.
(8) Any bus, train, or form of transportation paid for
in whole or in part with public funds, and any building,
real property, and parking area under the control of a
public transportation facility paid for in whole or in part
with public funds.
(9) Any building, real property, and parking area under
the control of an establishment that serves alcohol on its
premises, if more than 50% of the establishment's gross
receipts within the prior 3 months is from the sale of
alcohol. The owner of an establishment who knowingly fails
to prohibit concealed firearms on its premises as provided
in this paragraph or who knowingly makes a false statement
or record to avoid the prohibition on concealed firearms
under this paragraph is subject to the penalty under
subsection (c-5) of Section 10-1 of the Liquor Control Act
of 1934.
(10) Any public gathering or special event conducted on
property open to the public that requires the issuance of a
permit from the unit of local government, provided this
prohibition shall not apply to a licensee who must walk

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through a public gathering in order to access his or her
residence, place of business, or vehicle.
(11) Any building or real property that has been issued
a Special Event Retailer's license as defined in Section
1-3.17.1 of the Liquor Control Act during the time
designated for the sale of alcohol by the Special Event
Retailer's license, or a Special use permit license as
defined in subsection (q) of Section 5-1 of the Liquor
Control Act during the time designated for the sale of
alcohol by the Special use permit license.
(12) Any public playground.
(13) Any public park, athletic area, or athletic
facility under the control of a municipality or park
district, provided nothing in this Section shall prohibit a
licensee from carrying a concealed firearm while on a trail
or bikeway if only a portion of the trail or bikeway
includes a public park.
(14) Any real property under the control of the Cook
County Forest Preserve District.
(15) Any building, classroom, laboratory, medical
clinic, hospital, artistic venue, athletic venue,
entertainment venue, officially recognized
university-related organization property, whether owned or
leased, and any real property, including parking areas,
sidewalks, and common areas under the control of a public
or private community college, college, or university.

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(16) Any building, real property, or parking area under
the control of a gaming facility licensed under the
Riverboat Gambling Act or the Illinois Horse Racing Act of
1975, including an inter-track wagering location licensee.
(17) Any stadium, arena, or the real property or
parking area under the control of a stadium, arena, or any
collegiate or professional sporting event.
(18) Any building, real property, or parking area under
the control of a public library.
(19) Any building, real property, or parking area under
the control of an airport.
(20) Any building, real property, or parking area under
the control of an amusement park.
(21) Any building, real property, or parking area under
the control of a zoo or museum.
(22) Any street, driveway, parking area, property,
building, or facility, owned, leased, controlled, or used
by a nuclear energy, storage, weapons, or development site
or facility regulated by the federal Nuclear Regulatory
Commission. The licensee shall not under any circumstance
store a firearm or ammunition in his or her vehicle or in a
compartment or container within a vehicle located anywhere
in or on the street, driveway, parking area, property,
building, or facility described in this paragraph.
(23) Any area where firearms are prohibited under
federal law.

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(a-5) Nothing in this Act shall prohibit a public or
private community college, college, or university from:
(1) prohibiting persons from carrying a firearm within
a vehicle owned, leased, or controlled by the college or
university;
(2) developing resolutions, regulations, or policies
regarding student, employee, or visitor misconduct and
discipline, including suspension and expulsion;
(3) developing resolutions, regulations, or policies
regarding the storage or maintenance of firearms, which
must include designated areas where persons can park
vehicles that carry firearms; and
(4) permitting the carrying or use of firearms for the
purpose of instruction and curriculum of officially
recognized programs, including but not limited to military
science and law enforcement training programs, or in any
designated area used for hunting purposes or target
shooting.
(a-10) The owner of private real property of any type may
prohibit the carrying of concealed firearms on the property
under his or her control. The owner must post a sign in
accordance with subsection (d) of this Section indicating that
firearms are prohibited on the property, unless the property is
a private residence.
(b) Notwithstanding subsections (a), (a-5), and (a-10) of
this Section except under paragraph (22) or (23) of subsection

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(a), any licensee prohibited from carrying a concealed firearm
into the parking area of a prohibited location specified in
subsection (a), (a-5), or (a-10) of this Section shall be
permitted to carry a concealed firearm on or about his or her
person within a vehicle into the parking area and may store a
firearm or ammunition concealed in a case within a locked
vehicle or locked container out of plain view within the
vehicle in the parking area. A licensee may carry a concealed
firearm in the immediate area surrounding his or her vehicle
within a prohibited parking lot area only for the limited
purpose of storing or retrieving a firearm within the vehicle's
trunk, provided the licensee ensures the concealed firearm is
unloaded prior to exiting the vehicle. For purposes of this
subsection, "case" includes a glove compartment or console that
completely encloses the concealed firearm or ammunition, the
trunk of the vehicle, or a firearm carrying box, shipping box,
or other container.
(c) A licensee shall not be in violation of this Section
while he or she is traveling along a public right of way that
touches or crosses any of the premises under subsection (a),
(a-5), or (a-10) of this Section if the concealed firearm is
carried on his or her person in accordance with the provisions
of this Act or is being transported in a vehicle by the
licensee in accordance with all other applicable provisions of
law.
(d) Signs stating that the carrying of firearms is

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prohibited shall be clearly and conspicuously posted at the
entrance of a building, premises, or real property specified in
subsection (a-10) and paragraph (9) of subsection (a) of this
Section as a prohibited area, unless the building or premises
is a private residence. Signs shall be of a uniform design as
established by the Department and shall be 4 inches by 6 inches
in size. The Department shall adopt rules for standardized
signs to be used under this subsection.
(Source: 09800HB0183enr.)
Section 10. If and only if House Bill 183 of the 98th
General Assembly becomes law, then the Firearm Owners
Identification Card Act is amended by changing Section 8.1 as
follows:
(430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)
Sec. 8.1. Notifications to the Department of State Police.
(a) The Circuit Clerk shall, in the form and manner
required by the Supreme Court, notify the Department of State
Police of all final dispositions of cases for which the
Department has received information reported to it under
Sections 2.1 and 2.2 of the Criminal Identification Act.
(b) Upon adjudication of any individual as a mentally
disabled person as defined in Section 1.1 of this Act or a
finding that a person has been involuntarily admitted, the
court shall direct the circuit court clerk to immediately

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notify the Department of State Police, Firearm Owner's
Identification (FOID) department, and shall forward a copy of
the court order to the Department.
(c) The Department of Human Services shall, in the form and
manner prescribed by the Department of State Police, report all
information collected under subsection (b) of Section 12 of the
Mental Health and Developmental Disabilities Confidentiality
Act for the purpose of determining whether a person who may be
or may have been a patient in a mental health facility is
disqualified under State or federal law from receiving or
retaining a Firearm Owner's Identification Card, or purchasing
a weapon.
(d) If a person is determined to pose a clear and present
danger to himself, herself, or to others:
(1) by a physician, clinical psychologist, or
qualified examiner, law enforcement official, or school
administrator, or is determined to be developmentally
disabled by a physician, clinical psychologist, or
qualified examiner, whether employed by the State or
privately by a private mental health facility, then the
physician, clinical psychologist, or qualified examiner
shall, within 24 hours of making the determination, notify
the Department of Human Services that the person poses a
clear and present danger or is developmentally disabled; or
(2) by a law enforcement official or school
administrator, then the law enforcement official or school

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administrator shall, within 24 hours of making the
determination, notify the Department of State Police that
the person poses a clear and present danger.
The Department of Human Services shall immediately update
its records and information relating to mental health and
developmental disabilities, and if appropriate, shall notify
the Department of State Police in a form and manner prescribed
by the Department of State Police. The Department of State
Police shall determine whether to revoke the person's Firearm
Owner's Identification Card under Section 8 of this Act. Any
information disclosed under this subsection shall remain
privileged and confidential, and shall not be redisclosed,
except as required under subsection (e) of Section 3.1 of this
Act, nor used for any other purpose. The method of providing
this information shall guarantee that the information is not
released beyond what is necessary for the purpose of this
Section and shall be provided by rule by the Department of
Human Services. The identity of the person reporting under this
Section shall not be disclosed to the subject of the report.
The physician, clinical psychologist, qualified examiner, law
enforcement official, or school administrator making the
determination and his or her employer shall not be held
criminally, civilly, or professionally liable for making or not
making the notification required under this subsection, except
for willful or wanton misconduct.
(e) The Department of State Police shall adopt rules to

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implement this Section.
(Source: P.A. 97-1131, eff. 1-1-13; 09800HB0183enr.)
Section 99. Effective date. This Act takes effect upon
becoming law.".