Bill Text: IL HB3682 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Firearm Concealed Carry Act. Provides that the Concealed Carry Licensing Review Board shall have no more than an additional 30 days for a total of 60 days to issue a decision, and upon expiration of the additional 30 days, the application shall be returned for normal processing absent a valid reason for denial as provided in the Act.

Sponsorship: Partisan Bill (Democrat 3)

Status: (Failed) 2019-01-08 - Session Sine Die [HB3682 Detail]

Download: Illinois-2017-HB3682-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB3682 Introduced , by Rep. Brandon W. Phelps SYNOPSIS AS INTRODUCED:
430 ILCS 66/20
Amends the Firearm Concealed Carry Act. Provides that the Concealed Carry Licensing Review Board shall have no more than an additional 30 days for a total of 60 days to issue a decision, and upon expiration of the additional 30 days, the application shall be returned for normal processing absent a valid reason for denial as provided in the Act.
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A BILL FOR
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Firearm Concealed Carry Act is amended by
changing Section 20 as follows:
(430 ILCS 66/20)
Sec. 20. Concealed Carry Licensing Review Board.
(a) There is hereby created within the Department of State
Police a Concealed Carry Licensing Review Board to consider any
objection to an applicant's eligibility to obtain a license
under this Act submitted by a law enforcement agency or the
Department under Section 15 of this Act. The Board shall
consist of 7 commissioners to be appointed by the Governor,
with the advice and consent of the Senate, with 3 commissioners
residing within the First Judicial District and one
commissioner residing within each of the 4 remaining Judicial
Districts. No more than 4 commissioners shall be members of the
same political party. The Governor shall designate one
commissioner as the Chairperson. The Board shall consist of:
(1) one commissioner with at least 5 years of service
as a federal judge;
(2) 2 commissioners with at least 5 years of experience
serving as an attorney with the United States Department of

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Justice;
(3) 3 commissioners with at least 5 years of experience
as a federal agent or employee with investigative
experience or duties related to criminal justice under the
United States Department of Justice, Drug Enforcement
Administration, Department of Homeland Security, or
Federal Bureau of Investigation; and
(4) one member with at least 5 years of experience as a
licensed physician or clinical psychologist with expertise
in the diagnosis and treatment of mental illness.
(b) The initial terms of the commissioners shall end on
January 12, 2015. Thereafter, the commissioners shall hold
office for 4 years, with terms expiring on the second Monday in
January of the fourth year. Commissioners may be reappointed.
Vacancies in the office of commissioner shall be filled in the
same manner as the original appointment, for the remainder of
the unexpired term. The Governor may remove a commissioner for
incompetence, neglect of duty, malfeasance, or inability to
serve. Commissioners shall receive compensation in an amount
equal to the compensation of members of the Executive Ethics
Commission and may be reimbursed for reasonable expenses
actually incurred in the performance of their Board duties,
from funds appropriated for that purpose.
(c) The Board shall meet at the call of the chairperson as
often as necessary to consider objections to applications for a
license under this Act. If necessary to ensure the

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participation of a commissioner, the Board shall allow a
commissioner to participate in a Board meeting by electronic
communication. Any commissioner participating electronically
shall be deemed present for purposes of establishing a quorum
and voting.
(d) The Board shall adopt rules for the review of
objections and the conduct of hearings. The Board shall
maintain a record of its decisions and all materials considered
in making its decisions. All Board decisions and voting records
shall be kept confidential and all materials considered by the
Board shall be exempt from inspection except upon order of a
court.
(e) In considering an objection of a law enforcement agency
or the Department, the Board shall review the materials
received with the objection from the law enforcement agency or
the Department. By a vote of at least 4 commissioners, the
Board may request additional information from the law
enforcement agency, Department, or the applicant, or the
testimony of the law enforcement agency, Department, or the
applicant. The Board may require that the applicant submit
electronic fingerprints to the Department for an updated
background check where the Board determines it lacks sufficient
information to determine eligibility. The Board may only
consider information submitted by the Department, a law
enforcement agency, or the applicant. The Board shall review
each objection and determine by a majority of commissioners

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whether an applicant is eligible for a license.
(f) The Board shall issue a decision within 30 days of
receipt of the objection from the Department. However, the
Board need not issue a decision within 30 days if:
(1) the Board requests information from the applicant,
including but not limited to electronic fingerprints to be
submitted to the Department, in accordance with subsection
(e) of this Section, in which case the Board shall make a
decision within 30 days of receipt of the required
information from the applicant;
(2) the applicant agrees, in writing, to allow the
Board additional time to consider an objection; or
(3) the Board notifies the applicant and the Department
that the Board needs an additional 30 days to issue a
decision.
After expiration of the additional 30 days under paragraph
(3) of this subsection, the Board shall have no more than an
additional 30 days for a total of 60 days to issue a decision,
and upon expiration of the additional 30 days, the application
shall be returned for normal processing absent a valid reason
for denial as provided in subsection (d) of Section 15 of this
Act.
(g) If the Board determines by a preponderance of the
evidence that the applicant poses a danger to himself or
herself or others, or is a threat to public safety, then the
Board shall affirm the objection of the law enforcement agency

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or the Department and shall notify the Department that the
applicant is ineligible for a license. If the Board does not
determine by a preponderance of the evidence that the applicant
poses a danger to himself or herself or others, or is a threat
to public safety, then the Board shall notify the Department
that the applicant is eligible for a license.
(h) Meetings of the Board shall not be subject to the Open
Meetings Act and records of the Board shall not be subject to
the Freedom of Information Act.
(i) The Board shall report monthly to the Governor and the
General Assembly on the number of objections received and
provide details of the circumstances in which the Board has
determined to deny licensure based on law enforcement or
Department objections under Section 15 of this Act. The report
shall not contain any identifying information about the
applicants.
(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)