Synopsis As Introduced Creates the Family and Personal Protection Act. Provides that the Department of State Police shall issue a license to carry a loaded or unloaded handgun to an applicant that meets specified qualifications, has provided the application and specified documentation, and has submitted the requisite fees. Provides that a license to carry a handgun entitles a licensee to carry a loaded handgun, either concealed or openly, on or about his or her person or in a vehicle, except in certain prohibited locations. Provides that the license shall be issued by the Department of State Police within 45 days of receipt from a sheriff and shall be valid throughout the State for a period of 5 years from the date of issuance. Provides for renewal of licenses. Establishes qualifications for licensees, certified firearms instructors, and instructor trainers. Provides for home rule preemption. Provides that the provisions of the Act are severable. Amends the Freedom of Information Act. Prohibits from inspection and copying information about applications for licenses to carry a handgun and about license holders contained in the database created by the Family and Personal Protection Act, except as authorized by that Act. Amends the State Finance Act and the Criminal Code of 1961 to make conforming changes. Effective immediately.
Correctional Note (Dept of Corrections)
There are no penalty enhancements associated with HB 5745. The bill would have no fiscal or population impact on the Department.
Fiscal Note (Illinois State Police)
The Illinois State Police (ISP), Firearms Services Bureau (FSB) estimates 25 percent of the current 1.3 million person database would be interested in concealed carry. An unknown number of Illinois residents not currently FOID card holders may also apply This could be a significant number which could impact operational needs. This initial wave of applications could overwhelm the ISP's capacity to process applications especially if an adequate system is not in place on the effective date. Concealed carry card production and a keying and scanning function would also need to be procured, bid, and in place prior to the effective date. These new processes require ISP to go through the vendor procurement process, bidding, and award before they can change the contracted business processes in place with current vendors. The following is an attempt to estimate the initial and recurring costs of such a program: Initial Project Cost Estimate Summary (1) Project Time Frame = 2 Years; (2) Hardware and Software = $700,000; (3) Technical Human Resources = $1,200,000; (4) Training = $100,000; Total Project Startup Costs = $2,000,000. The Illinois State Police will require 25 new civilian personnel plus two contractual employees for six months each representing an increase of approximately $2,927,038 to properly administer this mandate. Total Estimated recurring operational costs each successive fiscal year = $2,927,038.
Home Rule Note (Dept. of Commerce & Economic Opportunity)
This bill pre-empts home rule authority.
Balanced Budget Note (Office of Management and Budget)
HB 5745 as introduced has a direct fiscal impact to the Illinois State Police. To first fulfill the records mandate included in this legislation, the Illinois State Police would need approximately $2 million dollars to develop and implement a sufficient information technology system as well as to hire additional staff. Given that the effective date for this legislation is upon enactment, the State will initially fund these costs. However, based on an estimated 325,000 individuals seeking to obtain a Concealed Carry License, sufficient revenue to sustain operations is projected for future years. Based on the fee structure provided in the legislation, it is estimated that the first year $21,125,000 million in revenue will be collected with a five year renewal influx of $8,125,000 million. This would fund the annual cost of $1,922,250. It should be noted that this is depending on an estimated 325,000 applicants. HB 5745 as introduced establishes fee income for applicable sheriffs throughout Illinois. This income is to be used by the sheriffs for receiving and reviewing applications, but the total fiscal impact to the local sheriffs throughout Illinois cannot be determined at this point in time.