103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1730

 

Introduced 2/9/2023, by Sen. Neil Anderson

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/2  from Ch. 38, par. 83-2
430 ILCS 65/3  from Ch. 38, par. 83-3

    Amends the Firearm Owners Identification Card Act. Eliminates a provision that no person may acquire or possess firearm ammunition within the State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Illinois State Police under the provisions of the Act. Eliminates a provision that no person may knowingly transfer, or cause to be transferred, any firearm ammunition to any person within the State unless the transferee with whom the person deals displays either: (1) a currently valid Firearm Owner's Identification Card which has previously been issued in his or her name by the Illinois State Police under the provisions of the Act; or (2) a currently valid license to carry a concealed firearm which has previously been issued in his or her name by the Illinois State Police under the Firearm Concealed Carry Act. Effective immediately.


LRB103 25212 RLC 51554 b

 

 

A BILL FOR

 

SB1730LRB103 25212 RLC 51554 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Owners Identification Card Act is
5amended by changing Sections 2 and 3 as follows:
 
6    (430 ILCS 65/2)  (from Ch. 38, par. 83-2)
7    Sec. 2. Firearm Owner's Identification Card required;
8exceptions.
9    (a) (1) No person may acquire or possess any firearm, stun
10gun, or taser within this State without having in his or her
11possession a Firearm Owner's Identification Card previously
12issued in his or her name by the Illinois State Police under
13the provisions of this Act.
14    (2) (Blank). No person may acquire or possess firearm
15ammunition within this State without having in his or her
16possession a Firearm Owner's Identification Card previously
17issued in his or her name by the Illinois State Police under
18the provisions of this Act.
19    (b) The provisions of this Section regarding the
20possession of firearms, firearm ammunition, stun guns, and
21tasers do not apply to:
22        (1) United States Marshals, while engaged in the
23    operation of their official duties;

 

 

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1        (2) Members of the Armed Forces of the United States
2    or the National Guard, while engaged in the operation of
3    their official duties;
4        (3) Federal officials required to carry firearms,
5    while engaged in the operation of their official duties;
6        (4) Members of bona fide veterans organizations which
7    receive firearms directly from the armed forces of the
8    United States, while using the firearms for ceremonial
9    purposes with blank ammunition;
10        (5) Nonresident hunters during hunting season, with
11    valid nonresident hunting licenses and while in an area
12    where hunting is permitted; however, at all other times
13    and in all other places these persons must have their
14    firearms unloaded and enclosed in a case;
15        (6) Those hunters exempt from obtaining a hunting
16    license who are required to submit their Firearm Owner's
17    Identification Card when hunting on Department of Natural
18    Resources owned or managed sites;
19        (7) Nonresidents while on a firing or shooting range
20    recognized by the Illinois State Police; however, these
21    persons must at all other times and in all other places
22    have their firearms unloaded and enclosed in a case;
23        (8) Nonresidents while at a firearm showing or display
24    recognized by the Illinois State Police; however, at all
25    other times and in all other places these persons must
26    have their firearms unloaded and enclosed in a case;

 

 

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1        (9) Nonresidents whose firearms are unloaded and
2    enclosed in a case;
3        (10) Nonresidents who are currently licensed or
4    registered to possess a firearm in their resident state;
5        (11) Unemancipated minors while in the custody and
6    immediate control of their parent or legal guardian or
7    other person in loco parentis to the minor if the parent or
8    legal guardian or other person in loco parentis to the
9    minor has a currently valid Firearm Owner's Identification
10    Card;
11        (12) Color guards of bona fide veterans organizations
12    or members of bona fide American Legion bands while using
13    firearms for ceremonial purposes with blank ammunition;
14        (13) Nonresident hunters whose state of residence does
15    not require them to be licensed or registered to possess a
16    firearm and only during hunting season, with valid hunting
17    licenses, while accompanied by, and using a firearm owned
18    by, a person who possesses a valid Firearm Owner's
19    Identification Card and while in an area within a
20    commercial club licensed under the Wildlife Code where
21    hunting is permitted and controlled, but in no instance
22    upon sites owned or managed by the Department of Natural
23    Resources;
24        (14) Resident hunters who are properly authorized to
25    hunt and, while accompanied by a person who possesses a
26    valid Firearm Owner's Identification Card, hunt in an area

 

 

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1    within a commercial club licensed under the Wildlife Code
2    where hunting is permitted and controlled; and
3        (15) A person who is otherwise eligible to obtain a
4    Firearm Owner's Identification Card under this Act and is
5    under the direct supervision of a holder of a Firearm
6    Owner's Identification Card who is 21 years of age or
7    older while the person is on a firing or shooting range or
8    is a participant in a firearms safety and training course
9    recognized by a law enforcement agency or a national,
10    statewide shooting sports organization.
11    (c) The provisions of this Section regarding the
12acquisition and possession of firearms, firearm ammunition,
13stun guns, and tasers do not apply to law enforcement
14officials of this or any other jurisdiction, while engaged in
15the operation of their official duties.
16    (c-5) The provisions of paragraphs (1) and (2) of
17subsection (a) of this Section regarding the possession of
18firearms and firearm ammunition do not apply to the holder of a
19valid concealed carry license issued under the Firearm
20Concealed Carry Act who is in physical possession of the
21concealed carry license.
22    (d) Any person who becomes a resident of this State, who is
23not otherwise prohibited from obtaining, possessing, or using
24a firearm or firearm ammunition, shall not be required to have
25a Firearm Owner's Identification Card to possess firearms or
26firearms ammunition until 60 calendar days after he or she

 

 

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1obtains an Illinois driver's license or Illinois
2Identification Card.
3(Source: P.A. 102-538, eff. 8-20-21; 102-1116, eff. 1-10-23.)
 
4    (430 ILCS 65/3)  (from Ch. 38, par. 83-3)
5    (Text of Section before amendment by P.A. 102-237)
6    Sec. 3. (a) Except as provided in Section 3a, no person may
7knowingly transfer, or cause to be transferred, any firearm,
8firearm ammunition, stun gun, or taser to any person within
9this State unless the transferee with whom he deals displays
10either: (1) a currently valid Firearm Owner's Identification
11Card which has previously been issued in his or her name by the
12Illinois State Police under the provisions of this Act; or (2)
13a currently valid license to carry a concealed firearm which
14has previously been issued in his or her name by the Illinois
15State Police under the Firearm Concealed Carry Act. In
16addition, all firearm, stun gun, and taser transfers by
17federally licensed firearm dealers are subject to Section 3.1.
18    (a-5) Any person who is not a federally licensed firearm
19dealer and who desires to transfer or sell a firearm while that
20person is on the grounds of a gun show must, before selling or
21transferring the firearm, request the Illinois State Police to
22conduct a background check on the prospective recipient of the
23firearm in accordance with Section 3.1.
24    (a-10) Notwithstanding item (2) of subsection (a) of this
25Section, any person who is not a federally licensed firearm

 

 

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1dealer and who desires to transfer or sell a firearm or
2firearms to any person who is not a federally licensed firearm
3dealer shall, before selling or transferring the firearms,
4contact a federal firearm license dealer under paragraph (1)
5of subsection (a-15) of this Section to conduct the transfer
6or the Illinois State Police with the transferee's or
7purchaser's Firearm Owner's Identification Card number to
8determine the validity of the transferee's or purchaser's
9Firearm Owner's Identification Card under State and federal
10law including the National Instant Criminal Background Check
11System. This subsection shall not be effective until July 1,
122023. Until that date the transferor shall contact the
13Illinois State Police with the transferee's or purchaser's
14Firearm Owner's Identification Card number to determine the
15validity of the card. The Illinois State Police may adopt
16rules concerning the implementation of this subsection. The
17Illinois State Police shall provide the seller or transferor
18an approval number if the purchaser's Firearm Owner's
19Identification Card is valid. Approvals issued by the Illinois
20State Police for the purchase of a firearm pursuant to this
21subsection are valid for 30 days from the date of issue.
22    (a-15) The provisions of subsection (a-10) of this Section
23do not apply to:
24        (1) transfers that occur at the place of business of a
25    federally licensed firearm dealer, if the federally
26    licensed firearm dealer conducts a background check on the

 

 

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1    prospective recipient of the firearm in accordance with
2    Section 3.1 of this Act and follows all other applicable
3    federal, State, and local laws as if he or she were the
4    seller or transferor of the firearm, although the dealer
5    is not required to accept the firearm into his or her
6    inventory. The purchaser or transferee may be required by
7    the federally licensed firearm dealer to pay a fee not to
8    exceed $25 per firearm, which the dealer may retain as
9    compensation for performing the functions required under
10    this paragraph, plus the applicable fees authorized by
11    Section 3.1;
12        (2) transfers as a bona fide gift to the transferor's
13    husband, wife, son, daughter, stepson, stepdaughter,
14    father, mother, stepfather, stepmother, brother, sister,
15    nephew, niece, uncle, aunt, grandfather, grandmother,
16    grandson, granddaughter, father-in-law, mother-in-law,
17    son-in-law, or daughter-in-law;
18        (3) transfers by persons acting pursuant to operation
19    of law or a court order;
20        (4) transfers on the grounds of a gun show under
21    subsection (a-5) of this Section;
22        (5) the delivery of a firearm by its owner to a
23    gunsmith for service or repair, the return of the firearm
24    to its owner by the gunsmith, or the delivery of a firearm
25    by a gunsmith to a federally licensed firearms dealer for
26    service or repair and the return of the firearm to the

 

 

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1    gunsmith;
2        (6) temporary transfers that occur while in the home
3    of the unlicensed transferee, if the unlicensed transferee
4    is not otherwise prohibited from possessing firearms and
5    the unlicensed transferee reasonably believes that
6    possession of the firearm is necessary to prevent imminent
7    death or great bodily harm to the unlicensed transferee;
8        (7) transfers to a law enforcement or corrections
9    agency or a law enforcement or corrections officer acting
10    within the course and scope of his or her official duties;
11        (8) transfers of firearms that have been rendered
12    permanently inoperable to a nonprofit historical society,
13    museum, or institutional collection; and
14        (9) transfers to a person who is exempt from the
15    requirement of possessing a Firearm Owner's Identification
16    Card under Section 2 of this Act.
17    (a-20) The Illinois State Police shall develop an
18Internet-based system for individuals to determine the
19validity of a Firearm Owner's Identification Card prior to the
20sale or transfer of a firearm. The Illinois State Police shall
21have the Internet-based system updated and available for use
22by January 1, 2024. The Illinois State Police shall adopt
23rules not inconsistent with this Section to implement this
24system, but no rule shall allow the Illinois State Police to
25retain records in contravention of State and federal law.
26    (a-25) On or before January 1, 2022, the Illinois State

 

 

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1Police shall develop an Internet-based system upon which the
2serial numbers of firearms that have been reported stolen are
3available for public access for individuals to ensure any
4firearms are not reported stolen prior to the sale or transfer
5of a firearm under this Section. The Illinois State Police
6shall have the Internet-based system completed and available
7for use by July 1, 2022. The Illinois State Police shall adopt
8rules not inconsistent with this Section to implement this
9system.
10    (b) Any person within this State who transfers or causes
11to be transferred any firearm, stun gun, or taser shall keep a
12record of such transfer for a period of 10 years from the date
13of transfer. Any person within this State who receives any
14firearm, stun gun, or taser pursuant to subsection (a-10)
15shall provide a record of the transfer within 10 days of the
16transfer to a federally licensed firearm dealer and shall not
17be required to maintain a transfer record. The federally
18licensed firearm dealer shall maintain the transfer record for
1920 years from the date of receipt. A federally licensed
20firearm dealer may charge a fee not to exceed $25 to retain the
21record. The record shall be provided and maintained in either
22an electronic or paper format. The federally licensed firearm
23dealer shall not be liable for the accuracy of any information
24in the transfer record submitted pursuant to this Section.
25Such records shall contain the date of the transfer; the
26description, serial number or other information identifying

 

 

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1the firearm, stun gun, or taser if no serial number is
2available; and, if the transfer was completed within this
3State, the transferee's Firearm Owner's Identification Card
4number and any approval number or documentation provided by
5the Illinois State Police pursuant to subsection (a-10) of
6this Section; if the transfer was not completed within this
7State, the record shall contain the name and address of the
8transferee. On or after January 1, 2006, the record shall
9contain the date of application for transfer of the firearm.
10On demand of a peace officer such transferor shall produce for
11inspection such record of transfer. For any transfer pursuant
12to subsection (a-10) of this Section, on the demand of a peace
13officer, such transferee shall identify the federally licensed
14firearm dealer maintaining the transfer record. If the
15transfer or sale took place at a gun show, the record shall
16include the unique identification number. Failure to record
17the unique identification number or approval number is a petty
18offense. For transfers of a firearm, stun gun, or taser made on
19or after January 18, 2019 (the effective date of Public Act
20100-1178), failure by the private seller to maintain the
21transfer records in accordance with this Section, or failure
22by a transferee pursuant to subsection a-10 of this Section to
23identify the federally licensed firearm dealer maintaining the
24transfer record, is a Class A misdemeanor for the first
25offense and a Class 4 felony for a second or subsequent offense
26occurring within 10 years of the first offense and the second

 

 

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1offense was committed after conviction of the first offense.
2Whenever any person who has not previously been convicted of
3any violation of subsection (a-5), the court may grant
4supervision pursuant to and consistent with the limitations of
5Section 5-6-1 of the Unified Code of Corrections. A transferee
6or transferor shall not be criminally liable under this
7Section provided that he or she provides the Illinois State
8Police with the transfer records in accordance with procedures
9established by the Illinois State Police. The Illinois State
10Police shall establish, by rule, a standard form on its
11website.
12    (b-5) (Blank). Any resident may purchase ammunition from a
13person within or outside of Illinois if shipment is by United
14States mail or by a private express carrier authorized by
15federal law to ship ammunition. Any resident purchasing
16ammunition within or outside the State of Illinois must
17provide the seller with a copy of his or her valid Firearm
18Owner's Identification Card or valid concealed carry license
19and either his or her Illinois driver's license or Illinois
20State Identification Card prior to the shipment of the
21ammunition. The ammunition may be shipped only to an address
22on either of those 2 documents.
23    (c) (Blank). The provisions of this Section regarding the
24transfer of firearm ammunition shall not apply to those
25persons specified in paragraph (b) of Section 2 of this Act.
26(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22;

 

 

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1102-1116, eff. 1-10-23.)
 
2    (Text of Section after amendment by P.A. 102-237)
3    Sec. 3. (a) Except as provided in Section 3a, no person may
4knowingly transfer, or cause to be transferred, any firearm,
5firearm ammunition, stun gun, or taser to any person within
6this State unless the transferee with whom he deals displays
7either: (1) a currently valid Firearm Owner's Identification
8Card which has previously been issued in his or her name by the
9Illinois State Police under the provisions of this Act; or (2)
10a currently valid license to carry a concealed firearm which
11has previously been issued in his or her name by the Illinois
12State Police under the Firearm Concealed Carry Act. In
13addition, all firearm, stun gun, and taser transfers by
14federally licensed firearm dealers are subject to Section 3.1.
15    (a-5) Any person who is not a federally licensed firearm
16dealer and who desires to transfer or sell a firearm while that
17person is on the grounds of a gun show must, before selling or
18transferring the firearm, request the Illinois State Police to
19conduct a background check on the prospective recipient of the
20firearm in accordance with Section 3.1.
21    (a-10) Notwithstanding item (2) of subsection (a) of this
22Section, any person who is not a federally licensed firearm
23dealer and who desires to transfer or sell a firearm or
24firearms to any person who is not a federally licensed firearm
25dealer shall, before selling or transferring the firearms,

 

 

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1contact a federal firearm license dealer under paragraph (1)
2of subsection (a-15) of this Section to conduct the transfer
3or the Illinois State Police with the transferee's or
4purchaser's Firearm Owner's Identification Card number to
5determine the validity of the transferee's or purchaser's
6Firearm Owner's Identification Card under State and federal
7law, including the National Instant Criminal Background Check
8System. This subsection shall not be effective until July 1,
92023. Until that date the transferor shall contact the
10Illinois State Police with the transferee's or purchaser's
11Firearm Owner's Identification Card number to determine the
12validity of the card. The Illinois State Police may adopt
13rules concerning the implementation of this subsection. The
14Illinois State Police shall provide the seller or transferor
15an approval number if the purchaser's Firearm Owner's
16Identification Card is valid. Approvals issued by the Illinois
17State Police for the purchase of a firearm pursuant to this
18subsection are valid for 30 days from the date of issue.
19    (a-15) The provisions of subsection (a-10) of this Section
20do not apply to:
21        (1) transfers that occur at the place of business of a
22    federally licensed firearm dealer, if the federally
23    licensed firearm dealer conducts a background check on the
24    prospective recipient of the firearm in accordance with
25    Section 3.1 of this Act and follows all other applicable
26    federal, State, and local laws as if he or she were the

 

 

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1    seller or transferor of the firearm, although the dealer
2    is not required to accept the firearm into his or her
3    inventory. The purchaser or transferee may be required by
4    the federally licensed firearm dealer to pay a fee not to
5    exceed $25 per firearm, which the dealer may retain as
6    compensation for performing the functions required under
7    this paragraph, plus the applicable fees authorized by
8    Section 3.1;
9        (2) transfers as a bona fide gift to the transferor's
10    husband, wife, son, daughter, stepson, stepdaughter,
11    father, mother, stepfather, stepmother, brother, sister,
12    nephew, niece, uncle, aunt, grandfather, grandmother,
13    grandson, granddaughter, father-in-law, mother-in-law,
14    son-in-law, or daughter-in-law;
15        (3) transfers by persons acting pursuant to operation
16    of law or a court order;
17        (4) transfers on the grounds of a gun show under
18    subsection (a-5) of this Section;
19        (5) the delivery of a firearm by its owner to a
20    gunsmith for service or repair, the return of the firearm
21    to its owner by the gunsmith, or the delivery of a firearm
22    by a gunsmith to a federally licensed firearms dealer for
23    service or repair and the return of the firearm to the
24    gunsmith;
25        (6) temporary transfers that occur while in the home
26    of the unlicensed transferee, if the unlicensed transferee

 

 

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1    is not otherwise prohibited from possessing firearms and
2    the unlicensed transferee reasonably believes that
3    possession of the firearm is necessary to prevent imminent
4    death or great bodily harm to the unlicensed transferee;
5        (7) transfers to a law enforcement or corrections
6    agency or a law enforcement or corrections officer acting
7    within the course and scope of his or her official duties;
8        (8) transfers of firearms that have been rendered
9    permanently inoperable to a nonprofit historical society,
10    museum, or institutional collection; and
11        (9) transfers to a person who is exempt from the
12    requirement of possessing a Firearm Owner's Identification
13    Card under Section 2 of this Act.
14    (a-20) The Illinois State Police shall develop an
15Internet-based system for individuals to determine the
16validity of a Firearm Owner's Identification Card prior to the
17sale or transfer of a firearm. The Illinois State Police shall
18have the Internet-based system updated and available for use
19by January 1, 2024. The Illinois State Police shall adopt
20rules not inconsistent with this Section to implement this
21system; but no rule shall allow the Illinois State Police to
22retain records in contravention of State and federal law.
23    (a-25) On or before January 1, 2022, the Illinois State
24Police shall develop an Internet-based system upon which the
25serial numbers of firearms that have been reported stolen are
26available for public access for individuals to ensure any

 

 

SB1730- 16 -LRB103 25212 RLC 51554 b

1firearms are not reported stolen prior to the sale or transfer
2of a firearm under this Section. The Illinois State Police
3shall have the Internet-based system completed and available
4for use by July 1, 2022. The Illinois State Police shall adopt
5rules not inconsistent with this Section to implement this
6system.
7    (b) Any person within this State who transfers or causes
8to be transferred any firearm, stun gun, or taser shall keep a
9record of such transfer for a period of 10 years from the date
10of transfer. Any person within this State who receives any
11firearm, stun gun, or taser pursuant to subsection (a-10)
12shall provide a record of the transfer within 10 days of the
13transfer to a federally licensed firearm dealer and shall not
14be required to maintain a transfer record. The federally
15licensed firearm dealer shall maintain the transfer record for
1620 years from the date of receipt. A federally licensed
17firearm dealer may charge a fee not to exceed $25 to retain the
18record. The record shall be provided and maintained in either
19an electronic or paper format. The federally licensed firearm
20dealer shall not be liable for the accuracy of any information
21in the transfer record submitted pursuant to this Section.
22Such records shall contain the date of the transfer; the
23description, serial number or other information identifying
24the firearm, stun gun, or taser if no serial number is
25available; and, if the transfer was completed within this
26State, the transferee's Firearm Owner's Identification Card

 

 

SB1730- 17 -LRB103 25212 RLC 51554 b

1number and any approval number or documentation provided by
2the Illinois State Police pursuant to subsection (a-10) of
3this Section; if the transfer was not completed within this
4State, the record shall contain the name and address of the
5transferee. On or after January 1, 2006, the record shall
6contain the date of application for transfer of the firearm.
7On demand of a peace officer such transferor shall produce for
8inspection such record of transfer. For any transfer pursuant
9to subsection (a-10) of this Section, on the demand of a peace
10officer, such transferee shall identify the federally licensed
11firearm dealer maintaining the transfer record. If the
12transfer or sale took place at a gun show, the record shall
13include the unique identification number. Failure to record
14the unique identification number or approval number is a petty
15offense. For transfers of a firearm, stun gun, or taser made on
16or after January 18, 2019 (the effective date of Public Act
17100-1178), failure by the private seller to maintain the
18transfer records in accordance with this Section, or failure
19by a transferee pursuant to subsection a-10 of this Section to
20identify the federally licensed firearm dealer maintaining the
21transfer record, is a Class A misdemeanor for the first
22offense and a Class 4 felony for a second or subsequent offense
23occurring within 10 years of the first offense and the second
24offense was committed after conviction of the first offense.
25Whenever any person who has not previously been convicted of
26any violation of subsection (a-5), the court may grant

 

 

SB1730- 18 -LRB103 25212 RLC 51554 b

1supervision pursuant to and consistent with the limitations of
2Section 5-6-1 of the Unified Code of Corrections. A transferee
3or transferor shall not be criminally liable under this
4Section provided that he or she provides the Illinois State
5Police with the transfer records in accordance with procedures
6established by the Illinois State Police. The Illinois State
7Police shall establish, by rule, a standard form on its
8website.
9    (b-5) (Blank). Any resident may purchase ammunition from a
10person within or outside of Illinois if shipment is by United
11States mail or by a private express carrier authorized by
12federal law to ship ammunition. Any resident purchasing
13ammunition within or outside the State of Illinois must
14provide the seller with a copy of his or her valid Firearm
15Owner's Identification Card or valid concealed carry license
16and either his or her Illinois driver's license or Illinois
17State Identification Card prior to the shipment of the
18ammunition. The ammunition may be shipped only to an address
19on either of those 2 documents.
20    (c) (Blank). The provisions of this Section regarding the
21transfer of firearm ammunition shall not apply to those
22persons specified in paragraph (b) of Section 2 of this Act.
23(Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21;
24102-813, eff. 5-13-22; 102-1116, eff. 1-10-23.)
 
25    Section 95. No acceleration or delay. Where this Act makes

 

 

SB1730- 19 -LRB103 25212 RLC 51554 b

1changes in a statute that is represented in this Act by text
2that is not yet or no longer in effect (for example, a Section
3represented by multiple versions), the use of that text does
4not accelerate or delay the taking effect of (i) the changes
5made by this Act or (ii) provisions derived from any other
6Public Act.
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.