Bill Text: IL HB2923 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Repeals the Firearm Dealer License Certification Act. Amends various other Acts to make conforming changes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2023-02-16 - Referred to Rules Committee [HB2923 Detail]
Download: Illinois-2023-HB2923-Introduced.html
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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 Gun Trafficking Information Act is amended | |||||||||||||||||||||||||||||||
5 | by changing Section 10-5 as follows:
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6 | (5 ILCS 830/10-5)
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7 | Sec. 10-5. Gun trafficking information.
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8 | (a) The Illinois State Police shall use all reasonable | |||||||||||||||||||||||||||||||
9 | efforts in making publicly available, on a regular and ongoing
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10 | basis, key information related to firearms used in the
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11 | commission of crimes in this State, including, but not limited
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12 | to: reports on crimes committed with firearms, locations where
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13 | the crimes occurred, the number of persons killed or injured | |||||||||||||||||||||||||||||||
14 | in
the commission of the crimes, the state where the firearms | |||||||||||||||||||||||||||||||
15 | used
originated, the Federal Firearms Licensee that sold the | |||||||||||||||||||||||||||||||
16 | firearm, the type of firearms used, annual statistical | |||||||||||||||||||||||||||||||
17 | information concerning Firearm Owner's Identification Card and | |||||||||||||||||||||||||||||||
18 | concealed carry license applications, revocations, and | |||||||||||||||||||||||||||||||
19 | compliance with Section 9.5 of the Firearm Owners | |||||||||||||||||||||||||||||||
20 | Identification Card Act, and firearm restraining order | |||||||||||||||||||||||||||||||
21 | dispositions , and firearm dealer license certification | |||||||||||||||||||||||||||||||
22 | inspections . The Illinois State Police
shall make the | |||||||||||||||||||||||||||||||
23 | information available on its
website, which may be presented |
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1 | in a dashboard format, in addition to electronically filing a | ||||||
2 | report with the
Governor and the General Assembly. The report | ||||||
3 | to the General
Assembly shall be filed with the Clerk of the | ||||||
4 | House of
Representatives and the Secretary of the Senate in | ||||||
5 | electronic
form only, in the manner that the Clerk and the | ||||||
6 | Secretary shall
direct.
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7 | (b) The Illinois State Police shall study, on a regular | ||||||
8 | and ongoing basis, and compile reports on the number of | ||||||
9 | Firearm Owner's Identification Card checks to determine | ||||||
10 | firearms trafficking or straw purchase patterns. The Illinois | ||||||
11 | State Police shall, to the extent not inconsistent with law, | ||||||
12 | share such reports and underlying data with academic centers, | ||||||
13 | foundations, and law enforcement agencies studying firearms | ||||||
14 | trafficking, provided that personally identifying information | ||||||
15 | is protected. For purposes of this subsection (b), a Firearm | ||||||
16 | Owner's Identification Card number is not personally | ||||||
17 | identifying information, provided that no other personal | ||||||
18 | information of the card holder is attached to the record. The | ||||||
19 | Illinois State Police may create and attach an alternate | ||||||
20 | unique identifying number to each Firearm Owner's | ||||||
21 | Identification Card number, instead of releasing the Firearm | ||||||
22 | Owner's Identification Card number itself. | ||||||
23 | (c) Each department, office, division, and agency of this
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24 | State shall, to the extent not inconsistent with law, | ||||||
25 | cooperate
fully with the Illinois State Police and furnish the
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26 | Illinois State Police with all relevant information and |
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1 | assistance on a
timely basis as is necessary to accomplish the | ||||||
2 | purpose of this
Act. The Illinois Criminal Justice Information | ||||||
3 | Authority shall submit the information required in subsection | ||||||
4 | (a) of this Section to the Illinois State Police, and any other | ||||||
5 | information as the Illinois State Police may request, to | ||||||
6 | assist the Illinois State Police in carrying out its duties | ||||||
7 | under this Act.
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8 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
9 | 102-813, eff. 5-13-22.)
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10 | Section 10. The Illinois State Police Law of the
Civil | ||||||
11 | Administrative Code of Illinois is amended by changing | ||||||
12 | Sections 2605-45, 2605-595, and 2605-605 as follows:
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13 | (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
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14 | Sec. 2605-45. Division of Justice Services. The Division | ||||||
15 | of
Justice Services shall exercise the
following functions:
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16 | (1) Operate and maintain the Law Enforcement Agencies | ||||||
17 | Data System (LEADS), a statewide, computerized | ||||||
18 | telecommunications system designed to provide services, | ||||||
19 | information, and capabilities to the law enforcement and | ||||||
20 | criminal justice community in the State of Illinois. The | ||||||
21 | Director is responsible for establishing policy, | ||||||
22 | procedures, and regulations consistent with State and | ||||||
23 | federal rules, policies, and law by which LEADS operates. | ||||||
24 | The Director shall designate a statewide LEADS |
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1 | Administrator for management of the system. The Director | ||||||
2 | may appoint a LEADS Advisory Policy Board to reflect the | ||||||
3 | needs and desires of the law enforcement and criminal | ||||||
4 | justice community and to make recommendations concerning | ||||||
5 | policies and procedures.
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6 | (2) Pursue research and the publication of studies | ||||||
7 | pertaining
to local
law enforcement activities.
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8 | (3) Serve as the State's point of contact for the | ||||||
9 | Federal Bureau of Investigation's Uniform Crime Reporting | ||||||
10 | Program and National Incident-Based Reporting System.
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11 | (4) Operate an electronic data processing and computer | ||||||
12 | center
for the
storage and retrieval of data pertaining to | ||||||
13 | criminal activity.
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14 | (5) Exercise the rights, powers, and duties vested in
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15 | the Illinois State Police by the Cannabis Regulation and | ||||||
16 | Tax Act and the Compassionate Use of Medical Cannabis | ||||||
17 | Program Act.
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18 | (6) (Blank).
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19 | (6.5) Exercise the rights, powers, and duties vested | ||||||
20 | in the Illinois State Police
by the Firearm Owners | ||||||
21 | Identification Card Act and , the Firearm Concealed Carry | ||||||
22 | Act , and the Firearm Dealer License Certification Act .
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23 | (7) Exercise other duties that may be assigned
by the | ||||||
24 | Director to
fulfill the responsibilities and achieve the | ||||||
25 | purposes of the Illinois State Police.
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26 | (8) Exercise the rights, powers, and duties vested by |
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1 | law in the Illinois State Police by the Criminal | ||||||
2 | Identification Act. | ||||||
3 | (9) Exercise the powers and perform the duties that | ||||||
4 | have been vested
in the Illinois State Police by the Sex | ||||||
5 | Offender Registration Act and
the Sex Offender
Community | ||||||
6 | Notification Law and
adopt reasonable rules necessitated | ||||||
7 | thereby. | ||||||
8 | (Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21.)
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9 | (20 ILCS 2605/2605-595) | ||||||
10 | Sec. 2605-595. State Police Firearm Services Fund. | ||||||
11 | (a) There is created in the State treasury a special fund | ||||||
12 | known as the State Police Firearm Services Fund. The Fund | ||||||
13 | shall receive revenue under the Firearm Concealed Carry Act , | ||||||
14 | the Firearm Dealer License Certification Act, and Section 5 of | ||||||
15 | the Firearm Owners Identification Card Act. The Fund may also | ||||||
16 | receive revenue from grants, pass-through grants, donations, | ||||||
17 | appropriations, and any other legal source. | ||||||
18 | (a-5) Notwithstanding any other provision of law to the | ||||||
19 | contrary, and in addition to any other transfers that may be | ||||||
20 | provided by law, on the effective date of this amendatory Act | ||||||
21 | of the 102nd General Assembly, or as soon thereafter as | ||||||
22 | practical, the State Comptroller shall direct and the State | ||||||
23 | Treasurer shall transfer the remaining balance from the | ||||||
24 | Firearm Dealer License Certification Fund into the State | ||||||
25 | Police Firearm Services Fund. Upon completion of the transfer, |
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1 | the Firearm Dealer License Certification Fund is dissolved, | ||||||
2 | and any future deposits due to that Fund and any outstanding | ||||||
3 | obligations or liabilities of that Fund shall pass to the | ||||||
4 | State Police Firearm Services Fund. | ||||||
5 | (b) The Illinois State Police may use moneys in the Fund to | ||||||
6 | finance any of its lawful purposes, mandates, functions, and | ||||||
7 | duties under the Firearm Owners Identification Card Act , the | ||||||
8 | Firearm Dealer License Certification Act, and the Firearm | ||||||
9 | Concealed Carry Act, including the cost of sending notices of | ||||||
10 | expiration of Firearm Owner's Identification Cards, concealed | ||||||
11 | carry licenses, the prompt and efficient processing of | ||||||
12 | applications under the Firearm Owners Identification Card Act | ||||||
13 | and the Firearm Concealed Carry Act, the improved efficiency | ||||||
14 | and reporting of the LEADS and federal NICS law enforcement | ||||||
15 | data systems, and support for investigations required under | ||||||
16 | these Acts and law. Any surplus funds beyond what is needed to | ||||||
17 | comply with the aforementioned purposes shall be used by the | ||||||
18 | Illinois State Police to improve the Law Enforcement Agencies | ||||||
19 | Data System (LEADS) and criminal history background check | ||||||
20 | system. | ||||||
21 | (c) Investment income that is attributable to the | ||||||
22 | investment of moneys in the Fund shall be retained in the Fund | ||||||
23 | for the uses specified in this Section.
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24 | (Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21.)
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25 | (20 ILCS 2605/2605-605) |
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1 | Sec. 2605-605. Violent Crime Intelligence Task Force. The | ||||||
2 | Director of the Illinois State Police shall establish a | ||||||
3 | statewide multi-jurisdictional Violent Crime Intelligence Task | ||||||
4 | Force led by the Illinois State Police dedicated to combating | ||||||
5 | gun violence, gun-trafficking, and other violent crime with | ||||||
6 | the primary mission of preservation of life and reducing the | ||||||
7 | occurrence and the fear of crime. The objectives of the Task | ||||||
8 | Force shall include, but not be limited to, reducing and | ||||||
9 | preventing illegal possession and use of firearms, | ||||||
10 | firearm-related homicides, and other violent crimes, and | ||||||
11 | solving firearm-related crimes. | ||||||
12 | (1) The Task Force may develop and acquire information, | ||||||
13 | training, tools, and resources necessary to implement a | ||||||
14 | data-driven approach to policing, with an emphasis on | ||||||
15 | intelligence development. | ||||||
16 | (2) The Task Force may utilize information sharing, | ||||||
17 | partnerships, crime analysis, and evidence-based practices to | ||||||
18 | assist in the reduction of firearm-related shootings, | ||||||
19 | homicides, and gun-trafficking, including, but not limited to, | ||||||
20 | ballistic data, eTrace data, DNA evidence, latent | ||||||
21 | fingerprints, firearm training data, and National Integrated | ||||||
22 | Ballistic Information Network (NIBIN) data. The Task Force may | ||||||
23 | design a model crime gun intelligence strategy which may | ||||||
24 | include, but is not limited to, comprehensive collection and | ||||||
25 | documentation of all ballistic evidence, timely transfer of | ||||||
26 | NIBIN and eTrace leads to an intelligence center, which may |
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1 | include the Division of Criminal Investigation of the Illinois | ||||||
2 | State Police, timely dissemination of intelligence to | ||||||
3 | investigators, investigative follow-up, and coordinated | ||||||
4 | prosecution. | ||||||
5 | (3) The Task Force may recognize and utilize best | ||||||
6 | practices of community policing and may develop potential | ||||||
7 | partnerships with faith-based and community organizations to | ||||||
8 | achieve its goals. | ||||||
9 | (4) The Task Force may identify and utilize best practices | ||||||
10 | in drug-diversion programs and other community-based services | ||||||
11 | to redirect low-level offenders. | ||||||
12 | (5) The Task Force may assist in violence suppression | ||||||
13 | strategies including, but not limited to, details in | ||||||
14 | identified locations that have shown to be the most prone to | ||||||
15 | gun violence and violent crime, focused deterrence against | ||||||
16 | violent gangs and groups considered responsible for the | ||||||
17 | violence in communities, and other intelligence driven methods | ||||||
18 | deemed necessary to interrupt cycles of violence or prevent | ||||||
19 | retaliation. | ||||||
20 | (6) In consultation with the Chief Procurement Officer, | ||||||
21 | the Illinois State Police may obtain contracts for software, | ||||||
22 | commodities, resources, and equipment to assist the Task Force | ||||||
23 | with achieving this Act. Any contracts necessary to support | ||||||
24 | the delivery of necessary software, commodities, resources, | ||||||
25 | and equipment are not subject to the Illinois Procurement | ||||||
26 | Code, except for Sections 20-60, 20-65, 20-70, and 20-160 and |
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1 | Article 50 of that Code, provided that the Chief Procurement | ||||||
2 | Officer may, in writing with justification, waive any | ||||||
3 | certification required under Article 50 of the Illinois | ||||||
4 | Procurement Code. | ||||||
5 | (7) The Task Force shall conduct enforcement operations
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6 | against persons whose Firearm Owner's Identification Cards
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7 | have been revoked or suspended and persons who fail to comply
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8 | with the requirements of Section 9.5 of the Firearm Owners
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9 | Identification Card Act, prioritizing individuals presenting a
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10 | clear and present danger to themselves or to others under
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11 | paragraph (2) of subsection (d) of Section 8.1 of the Firearm
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12 | Owners Identification Card Act. | ||||||
13 | (8) The Task Force shall collaborate with local law
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14 | enforcement agencies to enforce provisions of the Firearm
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15 | Owners Identification Card Act, the Firearm Concealed Carry
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16 | Act, the Firearm Dealer License Certification Act, and Article
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17 | 24 of the Criminal Code of 2012. | ||||||
18 | (9) To implement this Section, the Director of the
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19 | Illinois State Police may establish intergovernmental
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20 | agreements with law enforcement agencies in accordance with | ||||||
21 | the
Intergovernmental Cooperation Act. | ||||||
22 | (10) Law enforcement agencies that participate in
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23 | activities described in paragraphs (7) through (9) may apply
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24 | to the Illinois State Police for grants from the State Police
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25 | Revocation Enforcement Fund.
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26 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; |
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1 | 102-813, eff. 5-13-22.)
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2 | Section 15. The Illinois Procurement Code is amended by | ||||||
3 | changing Section 1-10 as follows:
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4 | (30 ILCS 500/1-10)
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5 | Sec. 1-10. Application.
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6 | (a) This Code applies only to procurements for which | ||||||
7 | bidders, offerors, potential contractors, or contractors were | ||||||
8 | first
solicited on or after July 1, 1998. This Code shall not | ||||||
9 | be construed to affect
or impair any contract, or any | ||||||
10 | provision of a contract, entered into based on a
solicitation | ||||||
11 | prior to the implementation date of this Code as described in
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12 | Article 99, including, but not limited to, any covenant | ||||||
13 | entered into with respect
to any revenue bonds or similar | ||||||
14 | instruments.
All procurements for which contracts are | ||||||
15 | solicited between the effective date
of Articles 50 and 99 and | ||||||
16 | July 1, 1998 shall be substantially in accordance
with this | ||||||
17 | Code and its intent.
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18 | (b) This Code shall apply regardless of the source of the | ||||||
19 | funds with which
the contracts are paid, including federal | ||||||
20 | assistance moneys. This
Code shall
not apply to:
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21 | (1) Contracts between the State and its political | ||||||
22 | subdivisions or other
governments, or between State | ||||||
23 | governmental bodies, except as specifically provided in | ||||||
24 | this Code.
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1 | (2) Grants, except for the filing requirements of | ||||||
2 | Section 20-80.
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3 | (3) Purchase of care, except as provided in Section | ||||||
4 | 5-30.6 of the Illinois Public Aid
Code and this Section.
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5 | (4) Hiring of an individual as an employee and not as | ||||||
6 | an independent
contractor, whether pursuant to an | ||||||
7 | employment code or policy or by contract
directly with | ||||||
8 | that individual.
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9 | (5) Collective bargaining contracts.
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10 | (6) Purchase of real estate, except that notice of | ||||||
11 | this type of contract with a value of more than $25,000 | ||||||
12 | must be published in the Procurement Bulletin within 10 | ||||||
13 | calendar days after the deed is recorded in the county of | ||||||
14 | jurisdiction. The notice shall identify the real estate | ||||||
15 | purchased, the names of all parties to the contract, the | ||||||
16 | value of the contract, and the effective date of the | ||||||
17 | contract.
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18 | (7) Contracts necessary to prepare for anticipated | ||||||
19 | litigation, enforcement
actions, or investigations, | ||||||
20 | provided
that the chief legal counsel to the Governor | ||||||
21 | shall give his or her prior
approval when the procuring | ||||||
22 | agency is one subject to the jurisdiction of the
Governor, | ||||||
23 | and provided that the chief legal counsel of any other | ||||||
24 | procuring
entity
subject to this Code shall give his or | ||||||
25 | her prior approval when the procuring
entity is not one | ||||||
26 | subject to the jurisdiction of the Governor.
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1 | (8) (Blank).
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2 | (9) Procurement expenditures by the Illinois | ||||||
3 | Conservation Foundation
when only private funds are used.
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4 | (10) (Blank). | ||||||
5 | (11) Public-private agreements entered into according | ||||||
6 | to the procurement requirements of Section 20 of the | ||||||
7 | Public-Private Partnerships for Transportation Act and | ||||||
8 | design-build agreements entered into according to the | ||||||
9 | procurement requirements of Section 25 of the | ||||||
10 | Public-Private Partnerships for Transportation Act. | ||||||
11 | (12) (A) Contracts for legal, financial, and other | ||||||
12 | professional and artistic services entered into by the | ||||||
13 | Illinois Finance Authority in which the State of Illinois | ||||||
14 | is not obligated. Such contracts shall be awarded through | ||||||
15 | a competitive process authorized by the members of the | ||||||
16 | Illinois Finance Authority and are subject to Sections | ||||||
17 | 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, | ||||||
18 | as well as the final approval by the members of the | ||||||
19 | Illinois Finance Authority of the terms of the contract. | ||||||
20 | (B) Contracts for legal and financial services entered | ||||||
21 | into by the Illinois Housing Development Authority in | ||||||
22 | connection with the issuance of bonds in which the State | ||||||
23 | of Illinois is not obligated. Such contracts shall be | ||||||
24 | awarded through a competitive process authorized by the | ||||||
25 | members of the Illinois Housing Development Authority and | ||||||
26 | are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, |
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1 | and 50-37 of this Code, as well as the final approval by | ||||||
2 | the members of the Illinois Housing Development Authority | ||||||
3 | of the terms of the contract. | ||||||
4 | (13) Contracts for services, commodities, and | ||||||
5 | equipment to support the delivery of timely forensic | ||||||
6 | science services in consultation with and subject to the | ||||||
7 | approval of the Chief Procurement Officer as provided in | ||||||
8 | subsection (d) of Section 5-4-3a of the Unified Code of | ||||||
9 | Corrections, except for the requirements of Sections | ||||||
10 | 20-60, 20-65, 20-70, and 20-160 and Article 50 of this | ||||||
11 | Code; however, the Chief Procurement Officer may, in | ||||||
12 | writing with justification, waive any certification | ||||||
13 | required under Article 50 of this Code. For any contracts | ||||||
14 | for services which are currently provided by members of a | ||||||
15 | collective bargaining agreement, the applicable terms of | ||||||
16 | the collective bargaining agreement concerning | ||||||
17 | subcontracting shall be followed. | ||||||
18 | On and after January 1, 2019, this paragraph (13), | ||||||
19 | except for this sentence, is inoperative. | ||||||
20 | (14) Contracts for participation expenditures required | ||||||
21 | by a domestic or international trade show or exhibition of | ||||||
22 | an exhibitor, member, or sponsor. | ||||||
23 | (15) Contracts with a railroad or utility that | ||||||
24 | requires the State to reimburse the railroad or utilities | ||||||
25 | for the relocation of utilities for construction or other | ||||||
26 | public purpose. Contracts included within this paragraph |
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1 | (15) shall include, but not be limited to, those | ||||||
2 | associated with: relocations, crossings, installations, | ||||||
3 | and maintenance. For the purposes of this paragraph (15), | ||||||
4 | "railroad" means any form of non-highway ground | ||||||
5 | transportation that runs on rails or electromagnetic | ||||||
6 | guideways and "utility" means: (1) public utilities as | ||||||
7 | defined in Section 3-105 of the Public Utilities Act, (2) | ||||||
8 | telecommunications carriers as defined in Section 13-202 | ||||||
9 | of the Public Utilities Act, (3) electric cooperatives as | ||||||
10 | defined in Section 3.4 of the Electric Supplier Act, (4) | ||||||
11 | telephone or telecommunications cooperatives as defined in | ||||||
12 | Section 13-212 of the Public Utilities Act, (5) rural | ||||||
13 | water or waste water systems with 10,000 connections or | ||||||
14 | less, (6) a holder as defined in Section 21-201 of the | ||||||
15 | Public Utilities Act, and (7) municipalities owning or | ||||||
16 | operating utility systems consisting of public utilities | ||||||
17 | as that term is defined in Section 11-117-2 of the | ||||||
18 | Illinois Municipal Code. | ||||||
19 | (16) Procurement expenditures necessary for the | ||||||
20 | Department of Public Health to provide the delivery of | ||||||
21 | timely newborn screening services in accordance with the | ||||||
22 | Newborn Metabolic Screening Act. | ||||||
23 | (17) Procurement expenditures necessary for the | ||||||
24 | Department of Agriculture, the Department of Financial and | ||||||
25 | Professional Regulation, the Department of Human Services, | ||||||
26 | and the Department of Public Health to implement the |
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1 | Compassionate Use of Medical Cannabis Program and Opioid | ||||||
2 | Alternative Pilot Program requirements and ensure access | ||||||
3 | to medical cannabis for patients with debilitating medical | ||||||
4 | conditions in accordance with the Compassionate Use of | ||||||
5 | Medical Cannabis Program Act. | ||||||
6 | (18) This Code does not apply to any procurements | ||||||
7 | necessary for the Department of Agriculture, the | ||||||
8 | Department of Financial and Professional Regulation, the | ||||||
9 | Department of Human Services, the Department of Commerce | ||||||
10 | and Economic Opportunity, and the Department of Public | ||||||
11 | Health to implement the Cannabis Regulation and Tax Act if | ||||||
12 | the applicable agency has made a good faith determination | ||||||
13 | that it is necessary and appropriate for the expenditure | ||||||
14 | to fall within this exemption and if the process is | ||||||
15 | conducted in a manner substantially in accordance with the | ||||||
16 | requirements of Sections 20-160, 25-60, 30-22, 50-5, | ||||||
17 | 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, | ||||||
18 | 50-36, 50-37, 50-38, and 50-50 of this Code; however, for | ||||||
19 | Section 50-35, compliance applies only to contracts or | ||||||
20 | subcontracts over $100,000. Notice of each contract | ||||||
21 | entered into under this paragraph (18) that is related to | ||||||
22 | the procurement of goods and services identified in | ||||||
23 | paragraph (1) through (9) of this subsection shall be | ||||||
24 | published in the Procurement Bulletin within 14 calendar | ||||||
25 | days after contract execution. The Chief Procurement | ||||||
26 | Officer shall prescribe the form and content of the |
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1 | notice. Each agency shall provide the Chief Procurement | ||||||
2 | Officer, on a monthly basis, in the form and content | ||||||
3 | prescribed by the Chief Procurement Officer, a report of | ||||||
4 | contracts that are related to the procurement of goods and | ||||||
5 | services identified in this subsection. At a minimum, this | ||||||
6 | report shall include the name of the contractor, a | ||||||
7 | description of the supply or service provided, the total | ||||||
8 | amount of the contract, the term of the contract, and the | ||||||
9 | exception to this Code utilized. A copy of any or all of | ||||||
10 | these contracts shall be made available to the Chief | ||||||
11 | Procurement Officer immediately upon request. The Chief | ||||||
12 | Procurement Officer shall submit a report to the Governor | ||||||
13 | and General Assembly no later than November 1 of each year | ||||||
14 | that includes, at a minimum, an annual summary of the | ||||||
15 | monthly information reported to the Chief Procurement | ||||||
16 | Officer. This exemption becomes inoperative 5 years after | ||||||
17 | June 25, 2019 (the effective date of Public Act 101-27). | ||||||
18 | (19) Acquisition of modifications or adjustments, | ||||||
19 | limited to assistive technology devices and assistive | ||||||
20 | technology services, adaptive equipment, repairs, and | ||||||
21 | replacement parts to provide reasonable accommodations (i) | ||||||
22 | that enable a qualified applicant with a disability to | ||||||
23 | complete the job application process and be considered for | ||||||
24 | the position such qualified applicant desires, (ii) that | ||||||
25 | modify or adjust the work environment to enable a | ||||||
26 | qualified current employee with a disability to perform |
| |||||||
| |||||||
1 | the essential functions of the position held by that | ||||||
2 | employee, (iii) to enable a qualified current employee | ||||||
3 | with a disability to enjoy equal benefits and privileges | ||||||
4 | of employment as are enjoyed by other similarly situated | ||||||
5 | employees without disabilities, and (iv) that allow a | ||||||
6 | customer, client, claimant, or member of the public | ||||||
7 | seeking State services full use and enjoyment of and | ||||||
8 | access to its programs, services, or benefits. | ||||||
9 | For purposes of this paragraph (19): | ||||||
10 | "Assistive technology devices" means any item, piece | ||||||
11 | of equipment, or product system, whether acquired | ||||||
12 | commercially off the shelf, modified, or customized, that | ||||||
13 | is used to increase, maintain, or improve functional | ||||||
14 | capabilities of individuals with disabilities. | ||||||
15 | "Assistive technology services" means any service that | ||||||
16 | directly assists an individual with a disability in | ||||||
17 | selection, acquisition, or use of an assistive technology | ||||||
18 | device. | ||||||
19 | "Qualified" has the same meaning and use as provided | ||||||
20 | under the federal Americans with Disabilities Act when | ||||||
21 | describing an individual with a disability. | ||||||
22 | (20) Procurement expenditures necessary for the
| ||||||
23 | Illinois Commerce Commission to hire third-party
| ||||||
24 | facilitators pursuant to Sections 16-105.17 and
16-108.18 | ||||||
25 | of the Public Utilities Act or an ombudsman pursuant to | ||||||
26 | Section 16-107.5 of the Public Utilities Act, a |
| |||||||
| |||||||
1 | facilitator pursuant to Section 16-105.17 of the Public | ||||||
2 | Utilities Act, or a grid auditor pursuant to Section | ||||||
3 | 16-105.10 of the Public Utilities Act. | ||||||
4 | (21) Procurement expenditures for the purchase, | ||||||
5 | renewal, and expansion of software, software licenses, or | ||||||
6 | software maintenance agreements that support the efforts | ||||||
7 | of the Illinois State Police to enforce, regulate, and | ||||||
8 | administer the Firearm Owners Identification Card Act, the | ||||||
9 | Firearm Concealed Carry Act, the Firearms Restraining | ||||||
10 | Order Act, the Firearm Dealer License Certification Act, | ||||||
11 | the Law Enforcement Agencies Data System (LEADS), the | ||||||
12 | Uniform Crime Reporting Act, the Criminal Identification | ||||||
13 | Act, the Uniform Conviction Information Act, and the Gun | ||||||
14 | Trafficking Information Act, or establish or maintain | ||||||
15 | record management systems necessary to conduct human | ||||||
16 | trafficking investigations or gun trafficking or other | ||||||
17 | stolen firearm investigations. This paragraph (21) applies | ||||||
18 | to contracts entered into on or after the effective date | ||||||
19 | of this amendatory Act of the 102nd General Assembly and | ||||||
20 | the renewal of contracts that are in effect on the | ||||||
21 | effective date of this amendatory Act of the 102nd General | ||||||
22 | Assembly. | ||||||
23 | Notwithstanding any other provision of law, for contracts | ||||||
24 | with an annual value of more than $100,000 entered into on or | ||||||
25 | after October 1, 2017 under an exemption provided in any | ||||||
26 | paragraph of this subsection (b), except paragraph (1), (2), |
| |||||||
| |||||||
1 | or (5), each State agency shall post to the appropriate | ||||||
2 | procurement bulletin the name of the contractor, a description | ||||||
3 | of the supply or service provided, the total amount of the | ||||||
4 | contract, the term of the contract, and the exception to the | ||||||
5 | Code utilized. The chief procurement officer shall submit a | ||||||
6 | report to the Governor and General Assembly no later than | ||||||
7 | November 1 of each year that shall include, at a minimum, an | ||||||
8 | annual summary of the monthly information reported to the | ||||||
9 | chief procurement officer. | ||||||
10 | (c) This Code does not apply to the electric power | ||||||
11 | procurement process provided for under Section 1-75 of the | ||||||
12 | Illinois Power Agency Act and Section 16-111.5 of the Public | ||||||
13 | Utilities Act. | ||||||
14 | (d) Except for Section 20-160 and Article 50 of this Code, | ||||||
15 | and as expressly required by Section 9.1 of the Illinois | ||||||
16 | Lottery Law, the provisions of this Code do not apply to the | ||||||
17 | procurement process provided for under Section 9.1 of the | ||||||
18 | Illinois Lottery Law. | ||||||
19 | (e) This Code does not apply to the process used by the | ||||||
20 | Capital Development Board to retain a person or entity to | ||||||
21 | assist the Capital Development Board with its duties related | ||||||
22 | to the determination of costs of a clean coal SNG brownfield | ||||||
23 | facility, as defined by Section 1-10 of the Illinois Power | ||||||
24 | Agency Act, as required in subsection (h-3) of Section 9-220 | ||||||
25 | of the Public Utilities Act, including calculating the range | ||||||
26 | of capital costs, the range of operating and maintenance |
| |||||||
| |||||||
1 | costs, or the sequestration costs or monitoring the | ||||||
2 | construction of clean coal SNG brownfield facility for the | ||||||
3 | full duration of construction. | ||||||
4 | (f) (Blank). | ||||||
5 | (g) (Blank). | ||||||
6 | (h) This Code does not apply to the process to procure or | ||||||
7 | contracts entered into in accordance with Sections 11-5.2 and | ||||||
8 | 11-5.3 of the Illinois Public Aid Code. | ||||||
9 | (i) Each chief procurement officer may access records | ||||||
10 | necessary to review whether a contract, purchase, or other | ||||||
11 | expenditure is or is not subject to the provisions of this | ||||||
12 | Code, unless such records would be subject to attorney-client | ||||||
13 | privilege. | ||||||
14 | (j) This Code does not apply to the process used by the | ||||||
15 | Capital Development Board to retain an artist or work or works | ||||||
16 | of art as required in Section 14 of the Capital Development | ||||||
17 | Board Act. | ||||||
18 | (k) This Code does not apply to the process to procure | ||||||
19 | contracts, or contracts entered into, by the State Board of | ||||||
20 | Elections or the State Electoral Board for hearing officers | ||||||
21 | appointed pursuant to the Election Code. | ||||||
22 | (l) This Code does not apply to the processes used by the | ||||||
23 | Illinois Student Assistance Commission to procure supplies and | ||||||
24 | services paid for from the private funds of the Illinois | ||||||
25 | Prepaid Tuition Fund. As used in this subsection (l), "private | ||||||
26 | funds" means funds derived from deposits paid into the |
| |||||||
| |||||||
1 | Illinois Prepaid Tuition Trust Fund and the earnings thereon. | ||||||
2 | (m) This Code shall apply regardless of the source of | ||||||
3 | funds with which contracts are paid, including federal | ||||||
4 | assistance moneys. Except as specifically provided in this | ||||||
5 | Code, this Code shall not apply to procurement expenditures | ||||||
6 | necessary for the Department of Public Health to conduct the | ||||||
7 | Healthy Illinois Survey in accordance with Section 2310-431 of | ||||||
8 | the Department of Public Health Powers and Duties Law of the | ||||||
9 | Civil Administrative Code of Illinois. | ||||||
10 | (Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; | ||||||
11 | 101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff | ||||||
12 | 1-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, | ||||||
13 | eff. 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22; | ||||||
14 | 102-1116, eff. 1-10-23.)
| ||||||
15 | (430 ILCS 68/Act rep.) | ||||||
16 | Section 20. The Firearm Dealer License Certification Act | ||||||
17 | is repealed.
| ||||||
18 | Section 25. The Criminal Code of 2012 is amended by | ||||||
19 | changing Section 24-5.1 as follows:
| ||||||
20 | (720 ILCS 5/24-5.1) | ||||||
21 | Sec. 24-5.1. Serialization of unfinished frames or | ||||||
22 | receivers; prohibition on unserialized firearms; exceptions; | ||||||
23 | penalties. |
| |||||||
| |||||||
1 | (a) In this Section: | ||||||
2 | "Bona fide supplier" means an established business entity | ||||||
3 | engaged in the development and sale of firearms parts to one or | ||||||
4 | more federal firearms manufacturers or federal firearms | ||||||
5 | importers. | ||||||
6 | "Federal firearms dealer" means a licensed manufacturer | ||||||
7 | pursuant to 18 U.S.C. 921(a)(11). | ||||||
8 | "Federal firearms importer" means a licensed importer | ||||||
9 | pursuant to 18 U.S.C. 921(a)(9). | ||||||
10 | "Federal firearms manufacturer" means a licensed | ||||||
11 | manufacturer pursuant to 18 U.S.C. 921(a)(10). | ||||||
12 | "Frame or receiver" means a part of a firearm that, when | ||||||
13 | the complete weapon is assembled, is visible from the exterior | ||||||
14 | and provides housing or a structure designed to hold or | ||||||
15 | integrate one or more fire control components, even if pins or | ||||||
16 | other attachments are required to connect those components to | ||||||
17 | the housing or structure. For models of firearms in which | ||||||
18 | multiple parts provide such housing or structure, the part or | ||||||
19 | parts that the Director of the federal Bureau of Alcohol, | ||||||
20 | Tobacco, Firearms and Explosives has determined are a frame or | ||||||
21 | receiver constitute the frame or receiver. For purposes of | ||||||
22 | this definition, "fire control component" means a component | ||||||
23 | necessary for the firearm to initiate, complete, or continue | ||||||
24 | the firing sequence, including any of the following: hammer, | ||||||
25 | bolt, bolt carrier, breechblock, cylinder, trigger mechanism, | ||||||
26 | firing pin, striker, or slide rails. |
| |||||||
| |||||||
1 | "Security exemplar" means an object to be fabricated at | ||||||
2 | the direction of the United States Attorney General that is | ||||||
3 | (1) constructed of 3.7 ounces of material type 17-4 PH | ||||||
4 | stainless steel in a shape resembling a handgun and (2) | ||||||
5 | suitable for testing and calibrating metal detectors. | ||||||
6 | "Three-dimensional printer" means a computer or | ||||||
7 | computer-drive machine capable of producing a | ||||||
8 | three-dimensional object from a digital model. | ||||||
9 | "Undetectable firearm" means (1) a firearm constructed | ||||||
10 | entirely of non-metal substances; (2) a firearm that, after | ||||||
11 | removal of all parts but the major components of the firearm, | ||||||
12 | is not detectable by walk-through metal detectors calibrated | ||||||
13 | and operated to detect the security exemplar; or (3) a firearm | ||||||
14 | that includes a major component of a firearm, which, if | ||||||
15 | subject to the types of detection devices commonly used at | ||||||
16 | airports for security screening, would not generate an image | ||||||
17 | that accurately depicts the shape of the component. | ||||||
18 | "Undetectable firearm" does not include a firearm subject to | ||||||
19 | the provisions of 18 U.S.C. 922(p)(3) through (6). | ||||||
20 | "Unfinished frame or receiver" means any forging, casting, | ||||||
21 | printing, extrusion, machined body, or similar article that: | ||||||
22 | (1) has reached a stage in manufacture where it may | ||||||
23 | readily be completed, assembled, or converted to be a | ||||||
24 | functional firearm; or | ||||||
25 | (2) is marketed or sold to the public to become or be | ||||||
26 | used as the frame or receiver of a functional firearm once |
| |||||||
| |||||||
1 | completed, assembled, or converted. | ||||||
2 | "Unserialized" means lacking a serial number imprinted by: | ||||||
3 | (1) a federal firearms manufacturer, federal firearms | ||||||
4 | importer, federal firearms dealer, or other federal | ||||||
5 | licensee authorized to provide marking services, pursuant | ||||||
6 | to a requirement under federal law; or | ||||||
7 | (2) a federal firearms dealer or other federal | ||||||
8 | licensee authorized to provide marking services pursuant | ||||||
9 | to subsection (f) of this Section. | ||||||
10 | (b) It is unlawful for any person to knowingly sell, offer | ||||||
11 | to sell, or transfer an unserialized unfinished frame or | ||||||
12 | receiver or unserialized firearm, including those produced | ||||||
13 | using a three-dimensional printer, unless the party purchasing | ||||||
14 | or receiving the unfinished frame or receiver or unserialized | ||||||
15 | firearm is a federal firearms importer, federal firearms | ||||||
16 | manufacturer, or federal firearms dealer. | ||||||
17 | (c) Beginning 180 days after the effective date of this | ||||||
18 | amendatory Act of the 102nd General Assembly, it is unlawful | ||||||
19 | for any person to knowingly possess, transport, or receive an | ||||||
20 | unfinished frame or receiver, unless: | ||||||
21 | (1) the party possessing or receiving the unfinished | ||||||
22 | frame or receiver is a federal firearms importer or | ||||||
23 | federal firearms manufacturer; | ||||||
24 | (2) the unfinished frame or receiver is possessed or | ||||||
25 | transported by a person for transfer to a federal firearms | ||||||
26 | importer or federal firearms manufacturer; or |
| |||||||
| |||||||
1 | (3) the unfinished frame or receiver has been | ||||||
2 | imprinted with a serial number issued by a federal | ||||||
3 | firearms importer or federal firearms manufacturer in | ||||||
4 | compliance with subsection (f) of this Section. | ||||||
5 | (d) Beginning 180 days after the effective date of this | ||||||
6 | amendatory Act of the 102nd General Assembly, unless the party | ||||||
7 | receiving the firearm is a federal firearms importer or | ||||||
8 | federal firearms manufacturer, it is unlawful for any person | ||||||
9 | to knowingly possess, purchase, transport, or receive a | ||||||
10 | firearm that is not imprinted with a serial number by (1) a | ||||||
11 | federal firearms importer or federal firearms manufacturer in | ||||||
12 | compliance with all federal laws and regulations regulating | ||||||
13 | the manufacture and import of firearms or (2) a federal | ||||||
14 | firearms manufacturer, federal firearms dealer, or other | ||||||
15 | federal licensee authorized to provide marking services in | ||||||
16 | compliance with the unserialized firearm serialization process | ||||||
17 | under subsection (f) of this Section. | ||||||
18 | (e) Any firearm or unfinished frame or receiver | ||||||
19 | manufactured using a three-dimensional printer must also be | ||||||
20 | serialized in accordance with the requirements of subsection | ||||||
21 | (f) within 30 days after the effective date of this amendatory | ||||||
22 | Act of the 102nd General Assembly, or prior to reaching a stage | ||||||
23 | of manufacture where it may be readily completed, assembled, | ||||||
24 | or converted to be a functional firearm. | ||||||
25 | (f) Unserialized unfinished frames or receivers and | ||||||
26 | unserialized firearms serialized pursuant to this Section |
| |||||||
| |||||||
1 | shall be serialized in compliance with all of the following: | ||||||
2 | (1) An unserialized unfinished frame or receiver and | ||||||
3 | unserialized firearm shall be serialized by a federally | ||||||
4 | licensed firearms dealer or other federal licensee | ||||||
5 | authorized to provide marking services with the licensee's | ||||||
6 | abbreviated federal firearms license number as a prefix | ||||||
7 | (which is the first 3 and last 5 digits) followed by a | ||||||
8 | hyphen, and then followed by a number as a suffix, such as | ||||||
9 | 12345678-(number). The serial number or numbers must be | ||||||
10 | placed in a manner that accords with the requirements | ||||||
11 | under federal law for affixing serial numbers to firearms, | ||||||
12 | including the requirements that the serial number or | ||||||
13 | numbers be at the minimum size and depth, and not | ||||||
14 | susceptible to being readily obliterated, altered, or | ||||||
15 | removed, and the licensee must retain records that accord | ||||||
16 | with the requirements under federal law in the case of the | ||||||
17 | sale of a firearm. The imprinting of any serial number | ||||||
18 | upon a undetectable firearm must be done on a steel plaque | ||||||
19 | in compliance with 18 U.S.C. 922(p). | ||||||
20 | (2) Every federally licensed firearms dealer or other | ||||||
21 | federal licensee that engraves, casts, stamps, or | ||||||
22 | otherwise conspicuously and permanently places a unique | ||||||
23 | serial number pursuant to this Section shall maintain a | ||||||
24 | record of such indefinitely. Licensees subject to the | ||||||
25 | Firearm Dealer License Certification Act shall make all | ||||||
26 | records accessible for inspection upon the request of the |
| |||||||
| |||||||
1 | Illinois State Police or a law enforcement agency in | ||||||
2 | accordance with Section 5-35 of the Firearm Dealer License | ||||||
3 | Certification Act. | ||||||
4 | (3) Every federally licensed firearms dealer or other | ||||||
5 | federal licensee that engraves, casts, stamps, or | ||||||
6 | otherwise conspicuously and permanently places a unique | ||||||
7 | serial number pursuant to this Section shall record it at | ||||||
8 | the time of every transaction involving the transfer of a | ||||||
9 | firearm, rifle, shotgun, finished frame or receiver, or | ||||||
10 | unfinished frame or receiver that has been so marked in | ||||||
11 | compliance with the federal guidelines set forth in 27 CFR | ||||||
12 | 478.124. | ||||||
13 | (4) Every federally licensed firearms dealer or other | ||||||
14 | federal licensee that engraves, casts, stamps, or | ||||||
15 | otherwise conspicuously and permanently places a unique | ||||||
16 | serial number pursuant to this Section shall review and | ||||||
17 | confirm the validity of the owner's Firearm Owner's | ||||||
18 | Identification Card issued under the Firearm Owners | ||||||
19 | Identification Card Act prior to returning the firearm to | ||||||
20 | the owner. | ||||||
21 | (g) Within 30 days after the effective date of this | ||||||
22 | amendatory Act of the 102nd General Assembly, the Director of | ||||||
23 | the Illinois State Police shall issue a public notice | ||||||
24 | regarding the provisions of this Section. The notice shall | ||||||
25 | include posting on the Illinois State Police website and may | ||||||
26 | include written notification or any other means of |
| |||||||
| |||||||
1 | communication statewide to all Illinois-based federal firearms | ||||||
2 | manufacturers, federal firearms dealers, or other federal | ||||||
3 | licensees authorized to provide marking services in compliance | ||||||
4 | with the serialization process in subsection (f) in order to | ||||||
5 | educate the public. | ||||||
6 | (h) Exceptions. This Section does not apply to an | ||||||
7 | unserialized unfinished frame or receiver or an unserialized | ||||||
8 | firearm that: | ||||||
9 | (1) has been rendered permanently inoperable; | ||||||
10 | (2) is an antique firearm, as defined in 18 U.S.C. | ||||||
11 | 921(a)(16); | ||||||
12 | (3) was manufactured prior to October 22, 1968; | ||||||
13 | (4) is an unfinished frame or receiver and is | ||||||
14 | possessed by a bona fide supplier exclusively for transfer | ||||||
15 | to a federal firearms manufacturer or federal firearms | ||||||
16 | importer, or is possessed by a federal firearms | ||||||
17 | manufacturer or federal firearms importer in compliance | ||||||
18 | with all federal laws and regulations regulating the | ||||||
19 | manufacture and import of firearms; except this exemption | ||||||
20 | does not apply if an unfinished frame or receiver is | ||||||
21 | possessed for transfer or is transferred to a person other | ||||||
22 | than a federal firearms manufacturer or federal firearms | ||||||
23 | importer; or | ||||||
24 | (5) is possessed by a person who received the | ||||||
25 | unserialized unfinished frame or receiver or unserialized | ||||||
26 | firearm through inheritance, and is not otherwise |
| |||||||
| |||||||
1 | prohibited from possessing the unserialized unfinished | ||||||
2 | frame or receiver or unserialized firearm, for a period | ||||||
3 | not exceeding 30 days after inheriting the unserialized | ||||||
4 | unfinished frame or receiver or unserialized firearm. | ||||||
5 | (i) Penalties. | ||||||
6 | (1) A person who violates subsection (c) or (d) is | ||||||
7 | guilty of a Class A misdemeanor for a first violation and | ||||||
8 | is guilty of a Class 3 felony for a second or subsequent | ||||||
9 | violation. | ||||||
10 | (2) A person who violates subsection (b) is guilty of | ||||||
11 | a Class 4 felony for a first violation and is guilty of a | ||||||
12 | Class 2 felony for a second or subsequent violation.
| ||||||
13 | (Source: P.A. 102-889, eff. 5-18-22.)
|