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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2923 Introduced , by Rep. Dennis Tipsword, Jr. SYNOPSIS AS INTRODUCED:
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| 5 ILCS 830/10-5 | | 20 ILCS 2605/2605-45 | was 20 ILCS 2605/55a-5 | 20 ILCS 2605/2605-595 | | 20 ILCS 2605/2605-605 | | 30 ILCS 500/1-10 | | 430 ILCS 68/Act rep. | | 720 ILCS 5/24-5.1 | |
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Repeals the Firearm Dealer License Certification Act. Amends various other Acts to make conforming changes.
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| | A BILL FOR |
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| | HB2923 | | LRB103 27832 RLC 54210 b |
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| 1 | | AN ACT concerning safety.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The 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 |
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| 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
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| 23 | | Illinois Commerce Commission to hire third-party
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| 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 |
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| 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), |
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| 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 |
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| 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 |
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| 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.)
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| 15 | | (430 ILCS 68/Act rep.) |
| 16 | | Section 20. The Firearm Dealer License Certification Act |
| 17 | | is repealed.
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| 18 | | Section 25. The Criminal Code of 2012 is amended by |
| 19 | | changing Section 24-5.1 as follows:
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| 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. |
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| 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. |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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.
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| 13 | | (Source: P.A. 102-889, eff. 5-18-22.)
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