Bill Text: IL SB3146 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Repeals the Firearm Dealer License Certification Act. Amends the Illinois State Police Law of the Civil Administrative Code of Illinois, the Illinois Procurement Code, and the Criminal Code of 2012 to make conforming changes. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-04-12 - Rule 2-10 Third Reading Deadline Established As May 3, 2024 [SB3146 Detail]

Download: Illinois-2023-SB3146-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3146 Introduced 2/6/2024, by Sen. Dale Fowler SYNOPSIS AS INTRODUCED:
20 ILCS 2605/2605-10 was 20 ILCS 2605/55a in part
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
Repeals the Firearm Dealer License Certification Act. Amends the Illinois State Police Law of the Civil Administrative Code of Illinois, the Illinois Procurement Code, and the Criminal Code of 2012 to make conforming changes. Effective immediately.
LRB103 37998 RLC 68130 b
A BILL FOR
SB3146 LRB103 37998 RLC 68130 b
AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois State Police Law of the Civil
Administrative Code of Illinois is amended by changing
Sections 2605-10, 2605-45, 2605-595, and 2605-605 as follows:
(20 ILCS 2605/2605-10) (was 20 ILCS 2605/55a in part)
Sec. 2605-10. Powers and duties, generally.
(a) The Illinois State Police shall exercise the rights,
powers, and duties that have been vested in the Illinois State
Police by the following:
The Illinois State Police Act.
The Illinois State Police Radio Act.
The Criminal Identification Act.
The Illinois Vehicle Code.
The Firearm Owners Identification Card Act.
The Firearm Concealed Carry Act.
The Firearm Dealer License Certification Act.
The Intergovernmental Missing Child Recovery Act of
1984.
The Intergovernmental Drug Laws Enforcement Act.
The Narcotic Control Division Abolition Act.
The Illinois Uniform Conviction Information Act.

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The Murderer and Violent Offender Against Youth
Registration Act.
(b) The Illinois State Police shall have the powers and
duties set forth in the following Sections.
(c) The Illinois State Police shall exercise the rights,
powers, and duties vested in the Illinois State Police to
implement the following protective service functions for State
facilities, State officials, and State employees serving in
their official capacity:
(1) Utilize subject matter expertise and law
enforcement authority to strengthen the protection of
State government facilities, State employees, State
officials, and State critical infrastructure.
(2) Coordinate State, federal, and local law
enforcement activities involving the protection of State
facilities, officials, and employees.
(3) Conduct investigations of criminal threats to
State facilities, State critical infrastructure, State
officials, and State employees.
(4) Train State officials and employees in personal
protection, crime prevention, facility occupant emergency
planning, and incident management.
(5) Establish standard protocols for prevention and
response to criminal threats to State facilities, State
officials, State employees, and State critical
infrastructure and standard protocols for reporting of

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suspicious activities.
(6) Establish minimum operational standards,
qualifications, training, and compliance requirements for
State employees and contractors engaged in the protection
of State facilities and employees.
(7) At the request of departments or agencies of State
government, conduct security assessments, including, but
not limited to, examination of alarm systems, cameras
systems, access points, personnel readiness, and emergency
protocols based on risk and need.
(8) Oversee the planning and implementation of
security and law enforcement activities necessary for the
protection of major, multi-jurisdictional events
implicating potential criminal threats to State officials,
State employees, or State-owned, State-leased, or
State-operated critical infrastructure or facilities.
(9) Oversee and direct the planning and implementation
of security and law enforcement activities by the
departments and agencies of the State necessary for the
protection of State employees, State officials, and
State-owned, State-leased, or State-operated critical
infrastructure or facilities from criminal activity.
(10) Advise the Governor and Homeland Security Advisor
on any matters necessary for the effective protection of
State facilities, critical infrastructure, officials, and
employees from criminal threats.

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(11) Utilize intergovernmental agreements and
administrative rules as needed for the effective,
efficient implementation of law enforcement and support
activities necessary for the protection of State
facilities, State infrastructure, State employees, and,
upon the express written consent of State constitutional
officials, State constitutional officials.
(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24;
103-564, eff. 11-17-23.)
(20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
Sec. 2605-45. Division of Justice Services. The Division
of Justice Services shall provide administrative and technical
services and support to the Illinois State Police, criminal
justice agencies, and the public and shall exercise the
following functions:
(1) Operate and maintain the Law Enforcement Agencies
Data System (LEADS), a statewide, computerized
telecommunications system designed to provide services,
information, and capabilities to the law enforcement and
criminal justice community in the State of Illinois. The
Director is responsible for establishing policy,
procedures, and regulations consistent with State and
federal rules, policies, and law by which LEADS operates.
The Director shall designate a statewide LEADS
Administrator for management of the system. The Director

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may appoint a LEADS Advisory Policy Board to reflect the
needs and desires of the law enforcement and criminal
justice community and to make recommendations concerning
policies and procedures.
(2) Pursue research and the publication of studies
pertaining to local law enforcement activities.
(3) Serve as the State's point of contact for the
Federal Bureau of Investigation's Uniform Crime Reporting
Program and National Incident-Based Reporting System.
(4) Operate an electronic data processing and computer
center for the storage and retrieval of data pertaining to
criminal activity.
(5) Exercise the rights, powers, and duties vested in
the Illinois State Police by the Cannabis Regulation and
Tax Act and the Compassionate Use of Medical Cannabis
Program Act.
(6) (Blank).
(6.5) Exercise the rights, powers, and duties vested
in the Illinois State Police by the Firearm Owners
Identification Card Act, the Firearm Concealed Carry Act,
the Firearm Transfer Inquiry Program, and the prohibited
persons portal under Section 2605-304, and the Firearm
Dealer License Certification Act.
(7) Exercise other duties that may be assigned by the
Director to fulfill the responsibilities and achieve the
purposes of the Illinois State Police.

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(8) Exercise the rights, powers, and duties vested by
law in the Illinois State Police by the Criminal
Identification Act and the Illinois Uniform Conviction
Information Act.
(9) Exercise the powers and perform the duties that
have been vested in the Illinois State Police by the
Murderer and Violent Offender Against Youth Registration
Act, the Sex Offender Registration Act, and the Sex
Offender Community Notification Law and adopt reasonable
rules necessitated thereby.
(10) Serve as the State central repository for
criminal history record information.
(11) Share all necessary information with the
Concealed Carry Licensing Review Board and the Firearms
Owner's Identification Card Review Board necessary for the
execution of their duties.
(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24.)
(20 ILCS 2605/2605-595)
Sec. 2605-595. State Police Firearm Services Fund.
(a) There is created in the State treasury a special fund
known as the State Police Firearm Services Fund. The Fund
shall receive revenue under the Firearm Concealed Carry Act,
the Firearm Dealer License Certification Act, and Section 5 of
the Firearm Owners Identification Card Act. The Fund may also
receive revenue from grants, pass-through grants, donations,

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appropriations, and any other legal source.
(a-5) (Blank).
(b) The Illinois State Police may use moneys in the Fund to
finance any of its lawful purposes, mandates, functions, and
duties under the Firearm Owners Identification Card Act, the
Firearm Dealer License Certification Act, and the Firearm
Concealed Carry Act, including the cost of sending notices of
expiration of Firearm Owner's Identification Cards, concealed
carry licenses, the prompt and efficient processing of
applications under the Firearm Owners Identification Card Act
and the Firearm Concealed Carry Act, the improved efficiency
and reporting of the LEADS and federal NICS law enforcement
data systems, and support for investigations required under
these Acts and law. Any surplus funds beyond what is needed to
comply with the aforementioned purposes shall be used by the
Illinois State Police to improve the Law Enforcement Agencies
Data System (LEADS) and criminal history background check
system.
(c) Investment income that is attributable to the
investment of moneys in the Fund shall be retained in the Fund
for the uses specified in this Section.
(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21;
103-363, eff. 7-28-23.)
(20 ILCS 2605/2605-605)
Sec. 2605-605. Violent Crime Intelligence Task Force. The

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Director of the Illinois State Police shall establish a
statewide multi-jurisdictional Violent Crime Intelligence Task
Force led by the Illinois State Police dedicated to combating
gun violence, gun-trafficking, and other violent crime with
the primary mission of preservation of life and reducing the
occurrence and the fear of crime. The objectives of the Task
Force shall include, but not be limited to, reducing and
preventing illegal possession and use of firearms,
firearm-related homicides, and other violent crimes, and
solving firearm-related crimes.
(1) The Task Force may develop and acquire information,
training, tools, and resources necessary to implement a
data-driven approach to policing, with an emphasis on
intelligence development.
(2) The Task Force may utilize information sharing,
partnerships, crime analysis, and evidence-based practices to
assist in the reduction of firearm-related shootings,
homicides, and gun-trafficking, including, but not limited to,
ballistic data, eTrace data, DNA evidence, latent
fingerprints, firearm training data, and National Integrated
Ballistic Information Network (NIBIN) data. The Task Force may
design a model crime gun intelligence strategy which may
include, but is not limited to, comprehensive collection and
documentation of all ballistic evidence, timely transfer of
NIBIN and eTrace leads to an intelligence center, which may
include the Division of Criminal Investigation of the Illinois

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State Police, timely dissemination of intelligence to
investigators, investigative follow-up, and coordinated
prosecution.
(3) The Task Force may recognize and utilize best
practices of community policing and may develop potential
partnerships with faith-based and community organizations to
achieve its goals.
(4) The Task Force may identify and utilize best practices
in drug-diversion programs and other community-based services
to redirect low-level offenders.
(5) The Task Force may assist in violence suppression
strategies including, but not limited to, details in
identified locations that have shown to be the most prone to
gun violence and violent crime, focused deterrence against
violent gangs and groups considered responsible for the
violence in communities, and other intelligence driven methods
deemed necessary to interrupt cycles of violence or prevent
retaliation.
(6) In consultation with the Chief Procurement Officer,
the Illinois State Police may obtain contracts for software,
commodities, resources, and equipment to assist the Task Force
with achieving this Act. Any contracts necessary to support
the delivery of necessary software, commodities, resources,
and equipment are not subject to the Illinois Procurement
Code, except for Sections 20-60, 20-65, 20-70, and 20-160 and
Article 50 of that Code, provided that the Chief Procurement

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Officer may, in writing with justification, waive any
certification required under Article 50 of the Illinois
Procurement Code.
(7) The Task Force shall conduct enforcement operations
against persons whose Firearm Owner's Identification Cards
have been revoked or suspended and persons who fail to comply
with the requirements of Section 9.5 of the Firearm Owners
Identification Card Act, prioritizing individuals presenting a
clear and present danger to themselves or to others under
paragraph (2) of subsection (d) of Section 8.1 of the Firearm
Owners Identification Card Act.
(8) The Task Force shall collaborate with local law
enforcement agencies to enforce provisions of the Firearm
Owners Identification Card Act, the Firearm Concealed Carry
Act, the Firearm Dealer License Certification Act, and Article
24 of the Criminal Code of 2012.
(9) To implement this Section, the Director of the
Illinois State Police may establish intergovernmental
agreements with law enforcement agencies in accordance with
the Intergovernmental Cooperation Act.
(10) Law enforcement agencies that participate in
activities described in paragraphs (7) through (9) may apply
to the Illinois State Police for grants from the State Police
Revocation Enforcement Fund.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22.)

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Section 10. The Illinois Procurement Code is amended by
changing Section 1-10 as follows:
(30 ILCS 500/1-10)
Sec. 1-10. Application.
(a) This Code applies only to procurements for which
bidders, offerors, potential contractors, or contractors were
first solicited on or after July 1, 1998. This Code shall not
be construed to affect or impair any contract, or any
provision of a contract, entered into based on a solicitation
prior to the implementation date of this Code as described in
Article 99, including, but not limited to, any covenant
entered into with respect to any revenue bonds or similar
instruments. All procurements for which contracts are
solicited between the effective date of Articles 50 and 99 and
July 1, 1998 shall be substantially in accordance with this
Code and its intent.
(b) This Code shall apply regardless of the source of the
funds with which the contracts are paid, including federal
assistance moneys. This Code shall not apply to:
(1) Contracts between the State and its political
subdivisions or other governments, or between State
governmental bodies, except as specifically provided in
this Code.
(2) Grants, except for the filing requirements of

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Section 20-80.
(3) Purchase of care, except as provided in Section
5-30.6 of the Illinois Public Aid Code and this Section.
(4) Hiring of an individual as an employee and not as
an independent contractor, whether pursuant to an
employment code or policy or by contract directly with
that individual.
(5) Collective bargaining contracts.
(6) Purchase of real estate, except that notice of
this type of contract with a value of more than $25,000
must be published in the Procurement Bulletin within 10
calendar days after the deed is recorded in the county of
jurisdiction. The notice shall identify the real estate
purchased, the names of all parties to the contract, the
value of the contract, and the effective date of the
contract.
(7) Contracts necessary to prepare for anticipated
litigation, enforcement actions, or investigations,
provided that the chief legal counsel to the Governor
shall give his or her prior approval when the procuring
agency is one subject to the jurisdiction of the Governor,
and provided that the chief legal counsel of any other
procuring entity subject to this Code shall give his or
her prior approval when the procuring entity is not one
subject to the jurisdiction of the Governor.
(8) (Blank).

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(9) Procurement expenditures by the Illinois
Conservation Foundation when only private funds are used.
(10) (Blank).
(11) Public-private agreements entered into according
to the procurement requirements of Section 20 of the
Public-Private Partnerships for Transportation Act and
design-build agreements entered into according to the
procurement requirements of Section 25 of the
Public-Private Partnerships for Transportation Act.
(12) (A) Contracts for legal, financial, and other
professional and artistic services entered into by the
Illinois Finance Authority in which the State of Illinois
is not obligated. Such contracts shall be awarded through
a competitive process authorized by the members of the
Illinois Finance Authority and are subject to Sections
5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
as well as the final approval by the members of the
Illinois Finance Authority of the terms of the contract.
(B) Contracts for legal and financial services entered
into by the Illinois Housing Development Authority in
connection with the issuance of bonds in which the State
of Illinois is not obligated. Such contracts shall be
awarded through a competitive process authorized by the
members of the Illinois Housing Development Authority and
are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
and 50-37 of this Code, as well as the final approval by

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the members of the Illinois Housing Development Authority
of the terms of the contract.
(13) Contracts for services, commodities, and
equipment to support the delivery of timely forensic
science services in consultation with and subject to the
approval of the Chief Procurement Officer as provided in
subsection (d) of Section 5-4-3a of the Unified Code of
Corrections, except for the requirements of Sections
20-60, 20-65, 20-70, and 20-160 and Article 50 of this
Code; however, the Chief Procurement Officer may, in
writing with justification, waive any certification
required under Article 50 of this Code. For any contracts
for services which are currently provided by members of a
collective bargaining agreement, the applicable terms of
the collective bargaining agreement concerning
subcontracting shall be followed.
On and after January 1, 2019, this paragraph (13),
except for this sentence, is inoperative.
(14) Contracts for participation expenditures required
by a domestic or international trade show or exhibition of
an exhibitor, member, or sponsor.
(15) Contracts with a railroad or utility that
requires the State to reimburse the railroad or utilities
for the relocation of utilities for construction or other
public purpose. Contracts included within this paragraph
(15) shall include, but not be limited to, those

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associated with: relocations, crossings, installations,
and maintenance. For the purposes of this paragraph (15),
"railroad" means any form of non-highway ground
transportation that runs on rails or electromagnetic
guideways and "utility" means: (1) public utilities as
defined in Section 3-105 of the Public Utilities Act, (2)
telecommunications carriers as defined in Section 13-202
of the Public Utilities Act, (3) electric cooperatives as
defined in Section 3.4 of the Electric Supplier Act, (4)
telephone or telecommunications cooperatives as defined in
Section 13-212 of the Public Utilities Act, (5) rural
water or waste water systems with 10,000 connections or
less, (6) a holder as defined in Section 21-201 of the
Public Utilities Act, and (7) municipalities owning or
operating utility systems consisting of public utilities
as that term is defined in Section 11-117-2 of the
Illinois Municipal Code.
(16) Procurement expenditures necessary for the
Department of Public Health to provide the delivery of
timely newborn screening services in accordance with the
Newborn Metabolic Screening Act.
(17) Procurement expenditures necessary for the
Department of Agriculture, the Department of Financial and
Professional Regulation, the Department of Human Services,
and the Department of Public Health to implement the
Compassionate Use of Medical Cannabis Program and Opioid

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Alternative Pilot Program requirements and ensure access
to medical cannabis for patients with debilitating medical
conditions in accordance with the Compassionate Use of
Medical Cannabis Program Act.
(18) This Code does not apply to any procurements
necessary for the Department of Agriculture, the
Department of Financial and Professional Regulation, the
Department of Human Services, the Department of Commerce
and Economic Opportunity, and the Department of Public
Health to implement the Cannabis Regulation and Tax Act if
the applicable agency has made a good faith determination
that it is necessary and appropriate for the expenditure
to fall within this exemption and if the process is
conducted in a manner substantially in accordance with the
requirements of Sections 20-160, 25-60, 30-22, 50-5,
50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
50-36, 50-37, 50-38, and 50-50 of this Code; however, for
Section 50-35, compliance applies only to contracts or
subcontracts over $100,000. Notice of each contract
entered into under this paragraph (18) that is related to
the procurement of goods and services identified in
paragraph (1) through (9) of this subsection shall be
published in the Procurement Bulletin within 14 calendar
days after contract execution. The Chief Procurement
Officer shall prescribe the form and content of the
notice. Each agency shall provide the Chief Procurement

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Officer, on a monthly basis, in the form and content
prescribed by the Chief Procurement Officer, a report of
contracts that are related to the procurement of goods and
services identified in this subsection. At a minimum, this
report shall include the name of the contractor, a
description of the supply or service provided, the total
amount of the contract, the term of the contract, and the
exception to this Code utilized. A copy of any or all of
these contracts shall be made available to the Chief
Procurement Officer immediately upon request. The Chief
Procurement Officer shall submit a report to the Governor
and General Assembly no later than November 1 of each year
that includes, at a minimum, an annual summary of the
monthly information reported to the Chief Procurement
Officer. This exemption becomes inoperative 5 years after
June 25, 2019 (the effective date of Public Act 101-27).
(19) Acquisition of modifications or adjustments,
limited to assistive technology devices and assistive
technology services, adaptive equipment, repairs, and
replacement parts to provide reasonable accommodations (i)
that enable a qualified applicant with a disability to
complete the job application process and be considered for
the position such qualified applicant desires, (ii) that
modify or adjust the work environment to enable a
qualified current employee with a disability to perform
the essential functions of the position held by that

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employee, (iii) to enable a qualified current employee
with a disability to enjoy equal benefits and privileges
of employment as are enjoyed by other similarly situated
employees without disabilities, and (iv) that allow a
customer, client, claimant, or member of the public
seeking State services full use and enjoyment of and
access to its programs, services, or benefits.
For purposes of this paragraph (19):
"Assistive technology devices" means any item, piece
of equipment, or product system, whether acquired
commercially off the shelf, modified, or customized, that
is used to increase, maintain, or improve functional
capabilities of individuals with disabilities.
"Assistive technology services" means any service that
directly assists an individual with a disability in
selection, acquisition, or use of an assistive technology
device.
"Qualified" has the same meaning and use as provided
under the federal Americans with Disabilities Act when
describing an individual with a disability.
(20) Procurement expenditures necessary for the
Illinois Commerce Commission to hire third-party
facilitators pursuant to Sections 16-105.17 and 16-108.18
of the Public Utilities Act or an ombudsman pursuant to
Section 16-107.5 of the Public Utilities Act, a
facilitator pursuant to Section 16-105.17 of the Public

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Utilities Act, or a grid auditor pursuant to Section
16-105.10 of the Public Utilities Act.
(21) Procurement expenditures for the purchase,
renewal, and expansion of software, software licenses, or
software maintenance agreements that support the efforts
of the Illinois State Police to enforce, regulate, and
administer the Firearm Owners Identification Card Act, the
Firearm Concealed Carry Act, the Firearms Restraining
Order Act, the Firearm Dealer License Certification Act,
the Law Enforcement Agencies Data System (LEADS), the
Uniform Crime Reporting Act, the Criminal Identification
Act, the Illinois Uniform Conviction Information Act, and
the Gun Trafficking Information Act, or establish or
maintain record management systems necessary to conduct
human trafficking investigations or gun trafficking or
other stolen firearm investigations. This paragraph (21)
applies to contracts entered into on or after January 10,
2023 (the effective date of Public Act 102-1116) and the
renewal of contracts that are in effect on January 10,
2023 (the effective date of Public Act 102-1116).
(22) Contracts for project management services and
system integration services required for the completion of
the State's enterprise resource planning project. This
exemption becomes inoperative 5 years after June 7, 2023
(the effective date of the changes made to this Section by
Public Act 103-8). This paragraph (22) applies to

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contracts entered into on or after June 7, 2023 (the
effective date of the changes made to this Section by
Public Act 103-8) and the renewal of contracts that are in
effect on June 7, 2023 (the effective date of the changes
made to this Section by Public Act 103-8).
(23) Procurements necessary for the Department of
Insurance to implement the Illinois Health Benefits
Exchange Law if the Department of Insurance has made a
good faith determination that it is necessary and
appropriate for the expenditure to fall within this
exemption. The procurement process shall be conducted in a
manner substantially in accordance with the requirements
of Sections 20-160 and 25-60 and Article 50 of this Code. A
copy of these contracts shall be made available to the
Chief Procurement Officer immediately upon request. This
paragraph is inoperative 5 years after June 27, 2023 (the
effective date of Public Act 103-103).
(24) (22) Contracts for public education programming,
noncommercial sustaining announcements, public service
announcements, and public awareness and education
messaging with the nonprofit trade associations of the
providers of those services that inform the public on
immediate and ongoing health and safety risks and hazards.
Notwithstanding any other provision of law, for contracts
with an annual value of more than $100,000 entered into on or
after October 1, 2017 under an exemption provided in any

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paragraph of this subsection (b), except paragraph (1), (2),
or (5), each State agency shall post to the appropriate
procurement bulletin the name of the contractor, a description
of the supply or service provided, the total amount of the
contract, the term of the contract, and the exception to the
Code utilized. The chief procurement officer shall submit a
report to the Governor and General Assembly no later than
November 1 of each year that shall include, at a minimum, an
annual summary of the monthly information reported to the
chief procurement officer.
(c) This Code does not apply to the electric power
procurement process provided for under Section 1-75 of the
Illinois Power Agency Act and Section 16-111.5 of the Public
Utilities Act. This Code does not apply to the procurement of
technical and policy experts pursuant to Section 1-129 of the
Illinois Power Agency Act.
(d) Except for Section 20-160 and Article 50 of this Code,
and as expressly required by Section 9.1 of the Illinois
Lottery Law, the provisions of this Code do not apply to the
procurement process provided for under Section 9.1 of the
Illinois Lottery Law.
(e) This Code does not apply to the process used by the
Capital Development Board to retain a person or entity to
assist the Capital Development Board with its duties related
to the determination of costs of a clean coal SNG brownfield
facility, as defined by Section 1-10 of the Illinois Power

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Agency Act, as required in subsection (h-3) of Section 9-220
of the Public Utilities Act, including calculating the range
of capital costs, the range of operating and maintenance
costs, or the sequestration costs or monitoring the
construction of clean coal SNG brownfield facility for the
full duration of construction.
(f) (Blank).
(g) (Blank).
(h) This Code does not apply to the process to procure or
contracts entered into in accordance with Sections 11-5.2 and
11-5.3 of the Illinois Public Aid Code.
(i) Each chief procurement officer may access records
necessary to review whether a contract, purchase, or other
expenditure is or is not subject to the provisions of this
Code, unless such records would be subject to attorney-client
privilege.
(j) This Code does not apply to the process used by the
Capital Development Board to retain an artist or work or works
of art as required in Section 14 of the Capital Development
Board Act.
(k) This Code does not apply to the process to procure
contracts, or contracts entered into, by the State Board of
Elections or the State Electoral Board for hearing officers
appointed pursuant to the Election Code.
(l) This Code does not apply to the processes used by the
Illinois Student Assistance Commission to procure supplies and

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services paid for from the private funds of the Illinois
Prepaid Tuition Fund. As used in this subsection (l), "private
funds" means funds derived from deposits paid into the
Illinois Prepaid Tuition Trust Fund and the earnings thereon.
(m) This Code shall apply regardless of the source of
funds with which contracts are paid, including federal
assistance moneys. Except as specifically provided in this
Code, this Code shall not apply to procurement expenditures
necessary for the Department of Public Health to conduct the
Healthy Illinois Survey in accordance with Section 2310-431 of
the Department of Public Health Powers and Duties Law of the
Civil Administrative Code of Illinois.
(Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22;
102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff.
9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;
102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff.
6-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; revised
1-2-24.)
(430 ILCS 68/Act rep.)
Section 15. The Firearm Dealer License Certification Act
is repealed.
Section 20. The Criminal Code of 2012 is amended by
changing Section 24-5.1 as follows:

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(720 ILCS 5/24-5.1)
Sec. 24-5.1. Serialization of unfinished frames or
receivers; prohibition on unserialized firearms; exceptions;
penalties.
(a) In this Section:
"Bona fide supplier" means an established business entity
engaged in the development and sale of firearms parts to one or
more federal firearms manufacturers or federal firearms
importers.
"Federal firearms dealer" means a licensed manufacturer
pursuant to 18 U.S.C. 921(a)(11).
"Federal firearms importer" means a licensed importer
pursuant to 18 U.S.C. 921(a)(9).
"Federal firearms manufacturer" means a licensed
manufacturer pursuant to 18 U.S.C. 921(a)(10).
"Frame or receiver" means a part of a firearm that, when
the complete weapon is assembled, is visible from the exterior
and provides housing or a structure designed to hold or
integrate one or more fire control components, even if pins or
other attachments are required to connect those components to
the housing or structure. For models of firearms in which
multiple parts provide such housing or structure, the part or
parts that the Director of the federal Bureau of Alcohol,
Tobacco, Firearms and Explosives has determined are a frame or
receiver constitute the frame or receiver. For purposes of
this definition, "fire control component" means a component

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necessary for the firearm to initiate, complete, or continue
the firing sequence, including any of the following: hammer,
bolt, bolt carrier, breechblock, cylinder, trigger mechanism,
firing pin, striker, or slide rails.
"Security exemplar" means an object to be fabricated at
the direction of the United States Attorney General that is
(1) constructed of 3.7 ounces of material type 17-4 PH
stainless steel in a shape resembling a handgun and (2)
suitable for testing and calibrating metal detectors.
"Three-dimensional printer" means a computer or
computer-drive machine capable of producing a
three-dimensional object from a digital model.
"Undetectable firearm" means (1) a firearm constructed
entirely of non-metal substances; (2) a firearm that, after
removal of all parts but the major components of the firearm,
is not detectable by walk-through metal detectors calibrated
and operated to detect the security exemplar; or (3) a firearm
that includes a major component of a firearm, which, if
subject to the types of detection devices commonly used at
airports for security screening, would not generate an image
that accurately depicts the shape of the component.
"Undetectable firearm" does not include a firearm subject to
the provisions of 18 U.S.C. 922(p)(3) through (6).
"Unfinished frame or receiver" means any forging, casting,
printing, extrusion, machined body, or similar article that:
(1) has reached a stage in manufacture where it may

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readily be completed, assembled, or converted to be a
functional firearm; or
(2) is marketed or sold to the public to become or be
used as the frame or receiver of a functional firearm once
completed, assembled, or converted.
"Unserialized" means lacking a serial number imprinted by:
(1) a federal firearms manufacturer, federal firearms
importer, federal firearms dealer, or other federal
licensee authorized to provide marking services, pursuant
to a requirement under federal law; or
(2) a federal firearms dealer or other federal
licensee authorized to provide marking services pursuant
to subsection (f) of this Section.
(b) It is unlawful for any person to knowingly sell, offer
to sell, or transfer an unserialized unfinished frame or
receiver or unserialized firearm, including those produced
using a three-dimensional printer, unless the party purchasing
or receiving the unfinished frame or receiver or unserialized
firearm is a federal firearms importer, federal firearms
manufacturer, or federal firearms dealer.
(c) Beginning 180 days after May 18, 2022 (the effective
date of Public Act 102-889) this amendatory Act of the 102nd
General Assembly, it is unlawful for any person to knowingly
possess, transport, or receive an unfinished frame or
receiver, unless:
(1) the party possessing or receiving the unfinished

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frame or receiver is a federal firearms importer or
federal firearms manufacturer;
(2) the unfinished frame or receiver is possessed or
transported by a person for transfer to a federal firearms
importer or federal firearms manufacturer; or
(3) the unfinished frame or receiver has been
imprinted with a serial number issued by a federal
firearms importer or federal firearms manufacturer in
compliance with subsection (f) of this Section.
(d) Beginning 180 days after May 18, 2022 (the effective
date of Public Act 102-889) this amendatory Act of the 102nd
General Assembly, unless the party receiving the firearm is a
federal firearms importer or federal firearms manufacturer, it
is unlawful for any person to knowingly possess, purchase,
transport, or receive a firearm that is not imprinted with a
serial number by (1) a federal firearms importer or federal
firearms manufacturer in compliance with all federal laws and
regulations regulating the manufacture and import of firearms
or (2) a federal firearms manufacturer, federal firearms
dealer, or other federal licensee authorized to provide
marking services in compliance with the unserialized firearm
serialization process under subsection (f) of this Section.
(e) Any firearm or unfinished frame or receiver
manufactured using a three-dimensional printer must also be
serialized in accordance with the requirements of subsection
(f) within 30 days after May 18, 2022 (the effective date of

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Public Act 102-889) this amendatory Act of the 102nd General
Assembly, or prior to reaching a stage of manufacture where it
may be readily completed, assembled, or converted to be a
functional firearm.
(f) Unserialized unfinished frames or receivers and
unserialized firearms serialized pursuant to this Section
shall be serialized in compliance with all of the following:
(1) An unserialized unfinished frame or receiver and
unserialized firearm shall be serialized by a federally
licensed firearms dealer or other federal licensee
authorized to provide marking services with the licensee's
abbreviated federal firearms license number as a prefix
(which is the first 3 and last 5 digits) followed by a
hyphen, and then followed by a number as a suffix, such as
12345678-(number). The serial number or numbers must be
placed in a manner that accords with the requirements
under federal law for affixing serial numbers to firearms,
including the requirements that the serial number or
numbers be at the minimum size and depth, and not
susceptible to being readily obliterated, altered, or
removed, and the licensee must retain records that accord
with the requirements under federal law in the case of the
sale of a firearm. The imprinting of any serial number
upon an a undetectable firearm must be done on a steel
plaque in compliance with 18 U.S.C. 922(p).
(2) Every federally licensed firearms dealer or other

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federal licensee that engraves, casts, stamps, or
otherwise conspicuously and permanently places a unique
serial number pursuant to this Section shall maintain a
record of such indefinitely. Licensees subject to the
Firearm Dealer License Certification Act shall make all
records accessible for inspection upon the request of the
Illinois State Police or a law enforcement agency in
accordance with Section 5-35 of the Firearm Dealer License
Certification Act.
(3) Every federally licensed firearms dealer or other
federal licensee that engraves, casts, stamps, or
otherwise conspicuously and permanently places a unique
serial number pursuant to this Section shall record it at
the time of every transaction involving the transfer of a
firearm, rifle, shotgun, finished frame or receiver, or
unfinished frame or receiver that has been so marked in
compliance with the federal guidelines set forth in 27 CFR
478.124.
(4) Every federally licensed firearms dealer or other
federal licensee that engraves, casts, stamps, or
otherwise conspicuously and permanently places a unique
serial number pursuant to this Section shall review and
confirm the validity of the owner's Firearm Owner's
Identification Card issued under the Firearm Owners
Identification Card Act prior to returning the firearm to
the owner.

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(g) Within 30 days after May 18, 2022 (the effective date
of Public Act 102-889) this amendatory Act of the 102nd
General Assembly, the Director of the Illinois State Police
shall issue a public notice regarding the provisions of this
Section. The notice shall include posting on the Illinois
State Police website and may include written notification or
any other means of communication statewide to all
Illinois-based federal firearms manufacturers, federal
firearms dealers, or other federal licensees authorized to
provide marking services in compliance with the serialization
process in subsection (f) in order to educate the public.
(h) Exceptions. This Section does not apply to an
unserialized unfinished frame or receiver or an unserialized
firearm that:
(1) has been rendered permanently inoperable;
(2) is an antique firearm, as defined in 18 U.S.C.
921(a)(16);
(3) was manufactured prior to October 22, 1968;
(4) is an unfinished frame or receiver and is
possessed by a bona fide supplier exclusively for transfer
to a federal firearms manufacturer or federal firearms
importer, or is possessed by a federal firearms
manufacturer or federal firearms importer in compliance
with all federal laws and regulations regulating the
manufacture and import of firearms; except this exemption
does not apply if an unfinished frame or receiver is

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possessed for transfer or is transferred to a person other
than a federal firearms manufacturer or federal firearms
importer; or
(5) is possessed by a person who received the
unserialized unfinished frame or receiver or unserialized
firearm through inheritance, and is not otherwise
prohibited from possessing the unserialized unfinished
frame or receiver or unserialized firearm, for a period
not exceeding 30 days after inheriting the unserialized
unfinished frame or receiver or unserialized firearm.
(i) Penalties.
(1) A person who violates subsection (c) or (d) is
guilty of a Class A misdemeanor for a first violation and
is guilty of a Class 3 felony for a second or subsequent
violation.
(2) A person who violates subsection (b) is guilty of
a Class 4 felony for a first violation and is guilty of a
Class 2 felony for a second or subsequent violation.
(Source: P.A. 102-889, eff. 5-18-22; revised 1-3-24.)