Full Text of HB0011 98th General Assembly
HB0011sam002 98TH GENERAL ASSEMBLY | Sen. John J. Cullerton Filed: 7/8/2013
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| 1 | | AMENDMENT TO HOUSE BILL 11
| 2 | | AMENDMENT NO. ______. Amend House Bill 11 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. If and only if House Bill 183 of the 98th | 5 | | General Assembly becomes law, then the Firearm Concealed Carry | 6 | | Act is amended by changing Sections 5, 10, 20, and 65 as | 7 | | follows:
| 8 | | (09800HB0183enr, Sec. 5)
| 9 | | Sec. 5. Definitions. As used in this Act: | 10 | | "Ammunition feeding device" means a detachable magazine | 11 | | clip, belt, drum, feed strip, or similar device. | 12 | | "Applicant" means a person who is applying for a license to | 13 | | carry a concealed firearm under this Act. | 14 | | "Board" means the Concealed Carry Licensing Review Board. | 15 | | "Concealed firearm" means a loaded or unloaded handgun | 16 | | carried on or about a person completely covered or not visible |
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| 1 | | from the view of the public, or carried in a vehicle concealed, | 2 | | covered, or not visible from the view of the public or mostly | 3 | | concealed from view of the public or on or about a person | 4 | | within a vehicle . | 5 | | "Department" means the Department of State Police. | 6 | | "Director" means the Director of State Police. | 7 | | "Handgun" means any device which is designed to expel a | 8 | | projectile or projectiles by the action of an explosion, | 9 | | expansion of gas, or escape of gas that is designed to be held | 10 | | and fired by the use of a single hand. "Handgun" does not | 11 | | include: | 12 | | (1) a stun gun or taser; | 13 | | (2) a machine gun as defined in item (i) of paragraph | 14 | | (7) of subsection (a) of Section 24-1 of the Criminal Code | 15 | | of 2012; | 16 | | (3) a short-barreled rifle or shotgun as defined in | 17 | | item (ii) of paragraph (7) of subsection (a) of Section | 18 | | 24-1 of the Criminal Code of 2012; or | 19 | | (4) any pneumatic gun, spring gun, paint ball gun, or | 20 | | B-B gun which
expels a single globular projectile not | 21 | | exceeding .18 inch in
diameter, or which has a maximum | 22 | | muzzle velocity of less than 700 feet
per second, or which | 23 | | expels breakable paint balls containing washable marking | 24 | | colors. | 25 | | "Law enforcement agency" means any federal, State, or local | 26 | | law enforcement agency, including offices of State's Attorneys |
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| 1 | | and the Office of the Attorney General. | 2 | | "License" means a license issued by the Department of State | 3 | | Police to carry a concealed handgun. | 4 | | "Licensee" means a person issued a license to carry a | 5 | | concealed handgun. | 6 | | "Municipality" has the meaning ascribed to it in Section 1 | 7 | | of Article VII of the Illinois Constitution. | 8 | | "Unit of local government" has the meaning ascribed to it | 9 | | in Section 1 of Article VII of the Illinois Constitution.
| 10 | | (Source: 09800HB0183enr.)
| 11 | | (09800HB0183enr, Sec. 10)
| 12 | | Sec. 10. Issuance of licenses to carry a concealed firearm. | 13 | | (a) The Department shall issue a license to carry a | 14 | | concealed firearm under this Act to an applicant who: | 15 | | (1) meets the qualifications of Section 25 of this Act; | 16 | | (2) has provided the application and documentation | 17 | | required in Section 30 of this Act; | 18 | | (3) has submitted the requisite fees; and | 19 | | (4) does not pose a danger to himself, herself, or | 20 | | others, or a threat to public safety as determined by the | 21 | | Concealed Carry Licensing Review Board in accordance with | 22 | | Section 20. | 23 | | (b) The Department shall issue a renewal, corrected, or | 24 | | duplicate license as provided in this Act. | 25 | | (c) A license shall be valid throughout the State for a |
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| 1 | | period of 5 years from the date of issuance. A license shall | 2 | | permit the licensee to carry one loaded or unloaded concealed | 3 | | firearm and, whether attached to or detached from the firearm, | 4 | | one ammunition feeding device for that firearm with a capacity | 5 | | of 10 rounds of ammunition or less on or about his or her | 6 | | person. The licensee may not carry an ammunition feeding device | 7 | | with a capacity of more than 10 rounds of ammunition or that | 8 | | can be readily restored or concerted to accept more than 10 | 9 | | rounds of ammunition. : | 10 | | (1) carry a loaded or unloaded concealed firearm, fully | 11 | | concealed or partially concealed, on or about his or her | 12 | | person; and
| 13 | | (2) keep or carry a loaded or unloaded concealed | 14 | | firearm on or about his or her person within a vehicle. | 15 | | (d) The Department shall make applications for a license | 16 | | available no later than 180 days after the effective date of | 17 | | this Act. The Department shall establish rules for the | 18 | | availability and submission of applications in accordance with | 19 | | this Act. | 20 | | (e) An application for a license submitted to the | 21 | | Department that contains all the information and materials | 22 | | required by this Act, including the requisite fee, shall be | 23 | | deemed completed. Except as otherwise provided in this Act, no | 24 | | later than 90 days after receipt of a completed application, | 25 | | the Department shall issue or deny the applicant a license. | 26 | | (f) The Department shall deny the applicant a license if |
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| 1 | | the applicant fails to meet the requirements under this Act or | 2 | | the Department receives a determination from the Board that the | 3 | | applicant is ineligible for a license. The Department must | 4 | | notify the applicant stating the grounds for the denial. The | 5 | | notice of denial must inform the applicant of his or her right | 6 | | to an appeal through administrative and judicial review. | 7 | | (g) A licensee shall possess a license at all times the | 8 | | licensee carries a concealed firearm except: | 9 | | (1) when the licensee is carrying or possessing a | 10 | | concealed firearm on his or her land or in his or her | 11 | | abode, legal dwelling, or fixed place of business, or on | 12 | | the land or in the legal dwelling of another person as an | 13 | | invitee with that person's permission; | 14 | | (2) when the person is authorized to carry a firearm | 15 | | under Section 24-2 of the Criminal Code of 2012, except | 16 | | subsection (a-5) of that Section; or | 17 | | (3) when the handgun is broken down in a | 18 | | non-functioning state, is not immediately accessible, or | 19 | | is unloaded and enclosed in a case. | 20 | | (h) If an officer of a law enforcement agency initiates an | 21 | | investigative stop, including but not limited to a traffic | 22 | | stop, of a licensee who is carrying a concealed firearm, upon | 23 | | the request of the officer the licensee shall immediately | 24 | | disclose to the officer that he or she is in possession of a | 25 | | concealed firearm under this Act, present the license upon the | 26 | | request of the officer, and identify the location of the |
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| 1 | | concealed firearm. | 2 | | (i) The Department shall maintain a database of license | 3 | | applicants and licensees. The database shall be available to | 4 | | all federal, State, and local law enforcement agencies, State's | 5 | | Attorneys, the Attorney General, and authorized court | 6 | | personnel. Within 180 days after the effective date of this | 7 | | Act, the database shall be searchable and provide all | 8 | | information included in the application, including the | 9 | | applicant's previous addresses within the 10 years prior to the | 10 | | license application and any information related to violations | 11 | | of this Act. No law enforcement agency, State's Attorney, | 12 | | Attorney General, or member or staff of the judiciary shall | 13 | | provide any information to a requester who is not entitled to | 14 | | it by law. | 15 | | (j) No later than 10 days after receipt of a completed | 16 | | application, the Department shall enter the relevant | 17 | | information about the applicant into the database under | 18 | | subsection (i) of this Section which is accessible by law | 19 | | enforcement agencies.
| 20 | | (Source: 09800HB0183enr.)
| 21 | | (09800HB0183enr, Sec. 20)
| 22 | | Sec. 20. Concealed Carry Licensing Review Board. | 23 | | (a) There is hereby created a Concealed Carry Licensing | 24 | | Review Board to consider any objection to an applicant's | 25 | | eligibility to obtain a license under this Act submitted by a |
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| 1 | | law enforcement agency or the Department under Section 15 of | 2 | | this Act. The Board shall consist of 7 commissioners to be | 3 | | appointed by the Governor, with the advice and consent of the | 4 | | Senate, with 3 commissioners residing within the First Judicial | 5 | | District and one commissioner residing within each of the 4 | 6 | | remaining Judicial Districts. No more than 4 commissioners | 7 | | shall be members of the same political party. The Governor | 8 | | shall designate one commissioner as the Chairperson. The Board | 9 | | shall consist of: | 10 | | (1) one commissioner with at least 5 years of service | 11 | | as a federal judge; | 12 | | (2) 2 commissioners with at least 5 years of experience | 13 | | serving as an attorney with the United States Department of | 14 | | Justice; | 15 | | (3) 3 commissioners with at least 5 years of experience | 16 | | as a federal agent or employee with investigative | 17 | | experience or duties related to criminal justice under the | 18 | | United States Department of Justice, Drug Enforcement | 19 | | Administration, Department of Homeland Security, or | 20 | | Federal Bureau of Investigation; and | 21 | | (4) one member with at least 5 years of experience as a | 22 | | licensed physician or clinical psychologist with expertise | 23 | | in the diagnosis and treatment of mental illness. | 24 | | (b) The initial terms of the commissioners shall end on | 25 | | January 12, 2015. Thereafter, the commissioners shall hold | 26 | | office for 4 years, with terms expiring on the second Monday in |
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| 1 | | January of the fourth year. Commissioners may be reappointed. | 2 | | Vacancies in the office of commissioner shall be filled in the | 3 | | same manner as the original appointment, for the remainder of | 4 | | the unexpired term. The Governor may remove a commissioner for | 5 | | incompetence, neglect of duty, malfeasance, or inability to | 6 | | serve. Commissioners shall receive compensation in an amount | 7 | | equal to the compensation of members of the Executive Ethics | 8 | | Commission and may be reimbursed for reasonable expenses | 9 | | actually incurred in the performance of their Board duties, | 10 | | from funds appropriated for that purpose. | 11 | | (c) The Board shall meet at the call of the chairperson as | 12 | | often as necessary to consider objections to applications for a | 13 | | license under this Act. If necessary to ensure the | 14 | | participation of a commissioner, the Board shall allow a | 15 | | commissioner to participate in a Board meeting by electronic | 16 | | communication. Any commissioner participating electronically | 17 | | shall be deemed present for purposes of establishing a quorum | 18 | | and voting. | 19 | | (d) The Board shall adopt rules for the conduct of | 20 | | hearings. The Board shall maintain a record of its decisions | 21 | | and all materials considered in making its decisions. All Board | 22 | | decisions and voting records shall be kept confidential and all | 23 | | materials considered by the Board shall be exempt from | 24 | | inspection except upon order of a court. | 25 | | (e) In considering an objection of a law enforcement agency | 26 | | or the Department, the Board shall review the materials |
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| 1 | | received with the objection from the law enforcement agency or | 2 | | the Department. By a vote of at least 4 commissioners, the | 3 | | Board may request additional information from the law | 4 | | enforcement agency, Department, or the applicant, or the | 5 | | testimony of the law enforcement agency, Department, or the | 6 | | applicant. The Board may only consider information submitted by | 7 | | the Department, a law enforcement agency, or the applicant. The | 8 | | Board shall review each objection and determine by a majority | 9 | | of commissioners whether an applicant is eligible for a | 10 | | license. | 11 | | (f) The Board shall issue a decision within 30 days of | 12 | | receipt of the objection from the Department. However, the | 13 | | Board need not issue a decision within 30 days if: | 14 | | (1) the Board requests information from the applicant | 15 | | in accordance with subsection (e) of this Section, in which | 16 | | case the Board shall make a decision within 30 days of | 17 | | receipt of the required information from the applicant; | 18 | | (2) the applicant agrees, in writing, to allow the | 19 | | Board additional time to consider an objection; or | 20 | | (3) the Board notifies the applicant and the Department | 21 | | that the Board needs an additional 30 days to issue a | 22 | | decision. | 23 | | (g) If the Board determines by a preponderance of the | 24 | | evidence that the applicant poses a danger to himself or | 25 | | herself or others, or is a threat to public safety, then the | 26 | | Board shall affirm the objection of the law enforcement agency |
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| 1 | | or the Department and shall notify the Department that the | 2 | | applicant is ineligible for a license. If the Board does not | 3 | | determine by a preponderance of the evidence that the applicant | 4 | | poses a danger to himself or herself or others, or is a threat | 5 | | to public safety, then the Board shall notify the Department | 6 | | that the applicant is eligible for a license. | 7 | | (h) Meetings of the Board shall not be subject to the Open | 8 | | Meetings Act and records of the Board shall not be subject to | 9 | | the Freedom of Information Act. | 10 | | (h) (i) The Board shall report monthly to the Governor and | 11 | | the General Assembly on the number of objections received and | 12 | | provide details of the circumstances in which the Board has | 13 | | determined to deny licensure based on law enforcement or | 14 | | Department objections under Section 15 of this Act. The report | 15 | | shall not contain any identifying information about the | 16 | | applicants.
| 17 | | (Source: 09800HB0183enr.)
| 18 | | (09800HB0183enr, Sec. 65)
| 19 | | Sec. 65. Prohibited areas. | 20 | | (a) A licensee under this Act shall not knowingly carry a | 21 | | firearm on or into: | 22 | | (1) Any building, real property, and parking area under | 23 | | the control of a public or private elementary or secondary | 24 | | school. | 25 | | (2) Any building, real property, and parking area under |
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| 1 | | the control of a pre-school or child care facility, | 2 | | including any room or portion of a building under the | 3 | | control of a pre-school or child care facility. Nothing in | 4 | | this paragraph shall prevent the operator of a child care | 5 | | facility in a family home from owning or possessing a | 6 | | firearm in the home or license under this Act, if no child | 7 | | under child care at the home is present in the home or the | 8 | | firearm in the home is stored in a locked container when a | 9 | | child under child care at the home is present in the home. | 10 | | (3) Any building, parking area, or portion of a | 11 | | building under the control of an officer of the executive | 12 | | or legislative branch of government, provided that nothing | 13 | | in this paragraph shall prohibit a licensee from carrying a | 14 | | concealed firearm onto the real property, bikeway, or trail | 15 | | in a park regulated by the Department of Natural Resources | 16 | | or any other designated public hunting area or building | 17 | | where firearm possession is permitted as established by the | 18 | | Department of Natural Resources under Section 1.8 of the | 19 | | Wildlife Code. | 20 | | (4) Any building designated for matters before a | 21 | | circuit court, appellate court, or the Supreme Court, or | 22 | | any building or portion of a building under the control of | 23 | | the Supreme Court. | 24 | | (5) Any building or portion of a building under the | 25 | | control of a unit of local government. | 26 | | (6) Any building, real property, and parking area under |
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| 1 | | the control of an adult or juvenile detention or | 2 | | correctional institution, prison, or jail. | 3 | | (7) Any building, real property, and parking area under | 4 | | the control of a public or private hospital or hospital | 5 | | affiliate, mental health facility, or nursing home. | 6 | | (8) Any bus, train, or form of transportation paid for | 7 | | in whole or in part with public funds, and any building, | 8 | | real property, and parking area under the control of a | 9 | | public transportation facility paid for in whole or in part | 10 | | with public funds. | 11 | | (9) Any building, real property, and parking area under | 12 | | the control of an establishment where alcohol may be | 13 | | consumed, other than a private residence or a club as | 14 | | defined in Section 1-3.24 of the Liquor Control Act of | 15 | | 1934. Any building, real property, and parking area under | 16 | | the control of an establishment that serves alcohol on its | 17 | | premises, if more than 50% of the establishment's gross | 18 | | receipts within the prior 3 months is from the sale of | 19 | | alcohol. The owner of an establishment who knowingly fails | 20 | | to prohibit concealed firearms on its premises as provided | 21 | | in this paragraph or who knowingly makes a false statement | 22 | | or record to avoid the prohibition on concealed firearms | 23 | | under this paragraph is subject to the penalty under | 24 | | subsection (c-5) of Section 10-1 of the Liquor Control Act | 25 | | of 1934. | 26 | | (10) Any public gathering or special event conducted on |
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| 1 | | property open to the public that requires the issuance of a | 2 | | permit from the unit of local government, provided this | 3 | | prohibition shall not apply to a licensee who must walk | 4 | | through a public gathering in order to access his or her | 5 | | residence, place of business, or vehicle. | 6 | | (11) Any building or real property that has been issued | 7 | | a Special Event Retailer's license as defined in Section | 8 | | 1-3.17.1 of the Liquor Control Act during the time | 9 | | designated for the sale of alcohol by the Special Event | 10 | | Retailer's license, or a Special use permit license as | 11 | | defined in subsection (q) of Section 5-1 of the Liquor | 12 | | Control Act during the time designated for the sale of | 13 | | alcohol by the Special use permit license. | 14 | | (12) Any public playground. | 15 | | (13) Any public park, athletic area, or athletic | 16 | | facility under the control of a municipality or park | 17 | | district, provided nothing in this Section shall prohibit a | 18 | | licensee from carrying a concealed firearm while on a trail | 19 | | or bikeway if only a portion of the trail or bikeway | 20 | | includes a public park. | 21 | | (14) Any real property under the control of the Cook | 22 | | County Forest Preserve District. | 23 | | (15) Any building, classroom, laboratory, medical | 24 | | clinic, hospital, artistic venue, athletic venue, | 25 | | entertainment venue, officially recognized | 26 | | university-related organization property, whether owned or |
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| 1 | | leased, and any real property, including parking areas, | 2 | | sidewalks, and common areas under the control of a public | 3 | | or private community college, college, or university. | 4 | | (16) Any building, real property, or parking area under | 5 | | the control of a gaming facility licensed under the | 6 | | Riverboat Gambling Act or the Illinois Horse Racing Act of | 7 | | 1975, including an inter-track wagering location licensee. | 8 | | (17) Any stadium, arena, or the real property or | 9 | | parking area under the control of a stadium, arena, or any | 10 | | collegiate or professional sporting event. | 11 | | (18) Any building, real property, or parking area under | 12 | | the control of a public library. | 13 | | (19) Any building, real property, or parking area under | 14 | | the control of an airport. | 15 | | (20) Any building, real property, or parking area under | 16 | | the control of an amusement park. | 17 | | (21) Any building, real property, or parking area under | 18 | | the control of a zoo or museum. | 19 | | (22) Any street, driveway, parking area, property, | 20 | | building, or facility, owned, leased, controlled, or used | 21 | | by a nuclear energy, storage, weapons, or development site | 22 | | or facility regulated by the federal Nuclear Regulatory | 23 | | Commission. The licensee shall not under any circumstance | 24 | | store a firearm or ammunition in his or her vehicle or in a | 25 | | compartment or container within a vehicle located anywhere | 26 | | in or on the street, driveway, parking area, property, |
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| 1 | | building, or facility described in this paragraph. | 2 | | (23) Any area where firearms are prohibited under | 3 | | federal law. | 4 | | (a-5) Nothing in this Act shall prohibit a public or | 5 | | private community college, college, or university from: | 6 | | (1) prohibiting persons from carrying a firearm within | 7 | | a vehicle owned, leased, or controlled by the college or | 8 | | university; | 9 | | (2) developing resolutions, regulations, or policies | 10 | | regarding student, employee, or visitor misconduct and | 11 | | discipline, including suspension and expulsion; | 12 | | (3) developing resolutions, regulations, or policies | 13 | | regarding the storage or maintenance of firearms, which | 14 | | must include designated areas where persons can park | 15 | | vehicles that carry firearms; and | 16 | | (4) permitting the carrying or use of firearms for the | 17 | | purpose of instruction and curriculum of officially | 18 | | recognized programs, including but not limited to military | 19 | | science and law enforcement training programs, or in any | 20 | | designated area used for hunting purposes or target | 21 | | shooting. | 22 | | (a-10) A person shall not carry a concealed firearm onto | 23 | | the private real property of another without prior permission | 24 | | from the property owner. A property owner shall indicate | 25 | | permission to carry concealed firearms by posting a sign at the | 26 | | entrance of a building, premises, or real property, except this |
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| 1 | | posting is not required if the property is a private residence. | 2 | | Signs stating that the carrying of firearms is allowed shall be | 3 | | clearly and conspicuously posted at the entrance of a building, | 4 | | premises, or real property. Signs shall be of a uniform design | 5 | | as established by the Department and shall be at least 4 inches | 6 | | by 6 inches in size. The Department shall adopt rules for | 7 | | standardized signs to be used under this subsection. The owner | 8 | | of private real property of any type may prohibit the carrying | 9 | | of concealed firearms on the property under his or her control. | 10 | | The owner must post a sign in accordance with subsection (d) of | 11 | | this Section indicating that firearms are prohibited on the | 12 | | property, unless the property is a private residence. | 13 | | (a-15) An employer, or his or her designee, may prohibit an | 14 | | employee from carrying a concealed firearm during any part of | 15 | | the employee's employment. An employer, or his or her designee, | 16 | | may prohibit an employee from bringing a firearm onto the | 17 | | employer's property. | 18 | | (b) Notwithstanding subsections (a), (a-5), and (a-10) of | 19 | | this Section except under paragraph (22) or (23) of subsection | 20 | | (a), any licensee prohibited from carrying a concealed firearm | 21 | | into the parking area of a prohibited location specified in | 22 | | subsection (a), (a-5), or (a-10) of this Section shall be | 23 | | permitted to carry a concealed firearm on or about his or her | 24 | | person within a vehicle into the parking area and may store a | 25 | | firearm or ammunition concealed in a case within a locked | 26 | | vehicle or locked container out of plain view within the |
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| 1 | | vehicle in the parking area. The firearm must remain within the | 2 | | vehicle at all times while within the parking area. A licensee | 3 | | may carry a concealed firearm in the immediate area surrounding | 4 | | his or her vehicle within a prohibited parking lot area only | 5 | | for the limited purpose of storing or retrieving a firearm | 6 | | within the vehicle's trunk, provided the licensee ensures the | 7 | | concealed firearm is unloaded prior to exiting the vehicle. For | 8 | | purposes of this subsection, "case" includes a glove | 9 | | compartment or console that completely encloses the concealed | 10 | | firearm or ammunition, the trunk of the vehicle, or a firearm | 11 | | carrying box, shipping box, or other container. | 12 | | (c) A licensee shall not be in violation of this Section | 13 | | while he or she is traveling along a public right of way that | 14 | | touches or crosses any of the premises under subsection (a), | 15 | | (a-5), or (a-10) of this Section if the concealed firearm is | 16 | | carried on his or her person in accordance with the provisions | 17 | | of this Act or is being transported in a vehicle by the | 18 | | licensee in accordance with all other applicable provisions of | 19 | | law. | 20 | | (d) Signs stating that the carrying of firearms is | 21 | | prohibited shall be clearly and conspicuously posted at the | 22 | | entrance of a building, premises, or real property specified in | 23 | | this Section as a prohibited area, unless the building or | 24 | | premises is a private residence. Signs shall be of a uniform | 25 | | design as established by the Department and shall be 4 inches | 26 | | by 6 inches in size. The Department shall adopt rules for |
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| 1 | | standardized signs to be used under this subsection.
| 2 | | (Source: 09800HB0183enr.)
| 3 | | Section 10. If and only if House Bill 183 of the 98th | 4 | | General Assembly becomes law, then the Open Meetings Act is | 5 | | amended by changing Section 2 as follows:
| 6 | | (5 ILCS 120/2) (from Ch. 102, par. 42)
| 7 | | Sec. 2. Open meetings.
| 8 | | (a) Openness required. All meetings of public
bodies shall | 9 | | be open to the public unless excepted in subsection (c)
and | 10 | | closed in accordance with Section 2a.
| 11 | | (b) Construction of exceptions. The exceptions contained | 12 | | in subsection
(c) are in derogation of the requirement that | 13 | | public bodies
meet in the open, and therefore, the exceptions | 14 | | are to be strictly
construed, extending only to subjects | 15 | | clearly within their scope.
The exceptions authorize but do not | 16 | | require the holding of
a closed meeting to discuss a subject | 17 | | included within an enumerated exception.
| 18 | | (c) Exceptions. A public body may hold closed meetings to | 19 | | consider the
following subjects:
| 20 | | (1) The appointment, employment, compensation, | 21 | | discipline, performance,
or dismissal of specific | 22 | | employees of the public body or legal counsel for
the | 23 | | public body, including hearing
testimony on a complaint | 24 | | lodged against an employee of the public body or
against |
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| 1 | | legal counsel for the public body to determine its | 2 | | validity.
| 3 | | (2) Collective negotiating matters between the public | 4 | | body and its
employees or their representatives, or | 5 | | deliberations concerning salary
schedules for one or more | 6 | | classes of employees.
| 7 | | (3) The selection of a person to fill a public office,
| 8 | | as defined in this Act, including a vacancy in a public | 9 | | office, when the public
body is given power to appoint | 10 | | under law or ordinance, or the discipline,
performance or | 11 | | removal of the occupant of a public office, when the public | 12 | | body
is given power to remove the occupant under law or | 13 | | ordinance.
| 14 | | (4) Evidence or testimony presented in open hearing, or | 15 | | in closed
hearing where specifically authorized by law, to
| 16 | | a quasi-adjudicative body, as defined in this Act, provided | 17 | | that the body
prepares and makes available for public | 18 | | inspection a written decision
setting forth its | 19 | | determinative reasoning.
| 20 | | (5) The purchase or lease of real property for the use | 21 | | of
the public body, including meetings held for the purpose | 22 | | of discussing
whether a particular parcel should be | 23 | | acquired.
| 24 | | (6) The setting of a price for sale or lease of | 25 | | property owned
by the public body.
| 26 | | (7) The sale or purchase of securities, investments, or |
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| 1 | | investment
contracts. This exception shall not apply to the | 2 | | investment of assets or income of funds deposited into the | 3 | | Illinois Prepaid Tuition Trust Fund.
| 4 | | (8) Security procedures and the use of personnel and
| 5 | | equipment to respond to an actual, a threatened, or a | 6 | | reasonably
potential danger to the safety of employees, | 7 | | students, staff, the public, or
public
property.
| 8 | | (9) Student disciplinary cases.
| 9 | | (10) The placement of individual students in special | 10 | | education
programs and other matters relating to | 11 | | individual students.
| 12 | | (11) Litigation, when an action against, affecting or | 13 | | on behalf of the
particular public body has been filed and | 14 | | is pending before a court or
administrative tribunal, or | 15 | | when the public body finds that an action is
probable or | 16 | | imminent, in which case the basis for the finding shall be
| 17 | | recorded and entered into the minutes of the closed | 18 | | meeting.
| 19 | | (12) The establishment of reserves or settlement of | 20 | | claims as provided
in the Local Governmental and | 21 | | Governmental Employees Tort Immunity Act, if
otherwise the | 22 | | disposition of a claim or potential claim might be
| 23 | | prejudiced, or the review or discussion of claims, loss or | 24 | | risk management
information, records, data, advice or | 25 | | communications from or with respect
to any insurer of the | 26 | | public body or any intergovernmental risk management
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| 1 | | association or self insurance pool of which the public body | 2 | | is a member.
| 3 | | (13) Conciliation of complaints of discrimination in | 4 | | the sale or rental
of housing, when closed meetings are | 5 | | authorized by the law or ordinance
prescribing fair housing | 6 | | practices and creating a commission or
administrative | 7 | | agency for their enforcement.
| 8 | | (14) Informant sources, the hiring or assignment of | 9 | | undercover personnel
or equipment, or ongoing, prior or | 10 | | future criminal investigations, when
discussed by a public | 11 | | body with criminal investigatory responsibilities.
| 12 | | (15) Professional ethics or performance when | 13 | | considered by an advisory
body appointed to advise a | 14 | | licensing or regulatory agency on matters
germane to the | 15 | | advisory body's field of competence.
| 16 | | (16) Self evaluation, practices and procedures or | 17 | | professional ethics,
when meeting with a representative of | 18 | | a statewide association of which the
public body is a | 19 | | member.
| 20 | | (17) The recruitment, credentialing, discipline or | 21 | | formal peer review
of physicians or other
health care | 22 | | professionals for a hospital, or
other institution | 23 | | providing medical care, that is operated by the public | 24 | | body.
| 25 | | (18) Deliberations for decisions of the Prisoner | 26 | | Review Board.
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| 1 | | (19) Review or discussion of applications received | 2 | | under the
Experimental Organ Transplantation Procedures | 3 | | Act.
| 4 | | (20) The classification and discussion of matters | 5 | | classified as
confidential or continued confidential by | 6 | | the State Government Suggestion Award
Board.
| 7 | | (21) Discussion of minutes of meetings lawfully closed | 8 | | under this Act,
whether for purposes of approval by the | 9 | | body of the minutes or semi-annual
review of the minutes as | 10 | | mandated by Section 2.06.
| 11 | | (22) Deliberations for decisions of the State
| 12 | | Emergency Medical Services Disciplinary
Review Board.
| 13 | | (23) The operation by a municipality of a municipal | 14 | | utility or the
operation of a
municipal power agency or | 15 | | municipal natural gas agency when the
discussion involves | 16 | | (i) contracts relating to the
purchase, sale, or delivery | 17 | | of electricity or natural gas or (ii) the results
or | 18 | | conclusions of load forecast studies.
| 19 | | (24) Meetings of a residential health care facility | 20 | | resident sexual
assault and death review
team or
the | 21 | | Executive
Council under the Abuse Prevention Review
Team | 22 | | Act.
| 23 | | (25) Meetings of an independent team of experts under | 24 | | Brian's Law. | 25 | | (26) Meetings of a mortality review team appointed | 26 | | under the Department of Juvenile Justice Mortality Review |
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| 1 | | Team Act. | 2 | | (27) Confidential information, when discussed by one | 3 | | or more members of an elder abuse fatality review team, | 4 | | designated under Section 15 of the Elder Abuse and Neglect | 5 | | Act, while participating in a review conducted by that team | 6 | | of the death of an elderly person in which abuse or neglect | 7 | | is suspected, alleged, or substantiated; provided that | 8 | | before the review team holds a closed meeting, or closes an | 9 | | open meeting, to discuss the confidential information, | 10 | | each participating review team member seeking to disclose | 11 | | the confidential information in the closed meeting or | 12 | | closed portion of the meeting must state on the record | 13 | | during an open meeting or the open portion of a meeting the | 14 | | nature of the information to be disclosed and the legal | 15 | | basis for otherwise holding that information confidential. | 16 | | (28) Correspondence and records (i) that may not be | 17 | | disclosed under Section 11-9 of the Public Aid Code or (ii) | 18 | | that pertain to appeals under Section 11-8 of the Public | 19 | | Aid Code. | 20 | | (29) Meetings between internal or external auditors | 21 | | and governmental audit committees, finance committees, and | 22 | | their equivalents, when the discussion involves internal | 23 | | control weaknesses, identification of potential fraud risk | 24 | | areas, known or suspected frauds, and fraud interviews | 25 | | conducted in accordance with generally accepted auditing | 26 | | standards of the United States of America. |
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| 1 | | (30) Deliberations regarding applicants under the | 2 | | Firearm Concealed Carry Act by the Concealed Carry | 3 | | Licensing Review Board. Meetings and deliberations for | 4 | | decisions of the Concealed Carry Licensing Review Board | 5 | | under the Firearm Concealed Carry Act. | 6 | | (d) Definitions. For purposes of this Section:
| 7 | | "Employee" means a person employed by a public body whose | 8 | | relationship
with the public body constitutes an | 9 | | employer-employee relationship under
the usual common law | 10 | | rules, and who is not an independent contractor.
| 11 | | "Public office" means a position created by or under the
| 12 | | Constitution or laws of this State, the occupant of which is | 13 | | charged with
the exercise of some portion of the sovereign | 14 | | power of this State. The term
"public office" shall include | 15 | | members of the public body, but it shall not
include | 16 | | organizational positions filled by members thereof, whether
| 17 | | established by law or by a public body itself, that exist to | 18 | | assist the
body in the conduct of its business.
| 19 | | "Quasi-adjudicative body" means an administrative body | 20 | | charged by law or
ordinance with the responsibility to conduct | 21 | | hearings, receive evidence or
testimony and make | 22 | | determinations based
thereon, but does not include
local | 23 | | electoral boards when such bodies are considering petition | 24 | | challenges.
| 25 | | (e) Final action. No final action may be taken at a closed | 26 | | meeting.
Final action shall be preceded by a public recital of |
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| 1 | | the nature of the
matter being considered and other information | 2 | | that will inform the
public of the business being conducted.
| 3 | | (Source: P.A. 96-1235, eff. 1-1-11; 96-1378, eff. 7-29-10; | 4 | | 96-1428, eff. 8-11-10; 97-318, eff. 1-1-12; 97-333, eff. | 5 | | 8-12-11; 97-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876, | 6 | | eff. 8-1-12; 09800HB0183enr.)
| 7 | | Section 15. If and only if House Bill 183 of the 98th | 8 | | General Assembly becomes law, then the Liquor Control Act of | 9 | | 1934 is amended by changing Section 10-1 as follows:
| 10 | | (235 ILCS 5/10-1) (from Ch. 43, par. 183)
| 11 | | Sec. 10-1. Violations; penalties. Whereas a substantial | 12 | | threat
to the sound and careful control, regulation, and | 13 | | taxation of the
manufacture, sale, and distribution of | 14 | | alcoholic liquors exists by virtue
of individuals who | 15 | | manufacture,
import, distribute, or sell alcoholic liquors | 16 | | within the State without
having first obtained a valid license | 17 | | to do so, and whereas such threat is
especially serious along | 18 | | the borders of this State, and whereas such threat
requires | 19 | | immediate correction by this Act, by active investigation and
| 20 | | prosecution by law enforcement officials and prosecutors, and | 21 | | by prompt and
strict enforcement through the courts of this | 22 | | State to punish violators and
to deter such conduct in the | 23 | | future:
| 24 | | (a) Any person who manufactures, imports
for distribution |
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| 1 | | or use, or distributes or sells alcoholic liquor at any
place | 2 | | within the State without having first obtained a valid license | 3 | | to do
so under the provisions of this Act shall be guilty of a | 4 | | business offense
and fined not more than $1,000 for the first | 5 | | such offense and shall be
guilty of a Class 4 felony for each | 6 | | subsequent offense.
| 7 | | (b) (1) Any retailer, licensed in this State, who knowingly | 8 | | causes to
furnish,
give, sell, or otherwise being within the | 9 | | State, any alcoholic liquor destined
to be used, distributed, | 10 | | consumed or sold in another state, unless such
alcoholic liquor | 11 | | was received in this State by a duly licensed distributor,
or | 12 | | importing distributors shall have his license suspended for 7 | 13 | | days for
the first offense and for the second offense, shall | 14 | | have his license
revoked by the Commission.
| 15 | | (2) In the event the Commission receives a certified copy | 16 | | of a final order
from a foreign jurisdiction that an Illinois | 17 | | retail licensee has been found to
have violated that foreign | 18 | | jurisdiction's laws, rules, or regulations
concerning the | 19 | | importation of alcoholic liquor into that foreign | 20 | | jurisdiction,
the violation may be grounds for the Commission | 21 | | to revoke, suspend, or refuse
to
issue or renew a license, to | 22 | | impose a fine, or to take any additional action
provided by | 23 | | this Act with respect to the Illinois retail license or | 24 | | licensee.
Any such action on the part of the Commission shall | 25 | | be in accordance with this
Act and implementing rules.
| 26 | | For the purposes of paragraph (2): (i) "foreign |
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| 1 | | jurisdiction" means a
state, territory, or possession of the | 2 | | United States, the District of Columbia,
or the Commonwealth of | 3 | | Puerto Rico, and (ii) "final order" means an order or
judgment | 4 | | of a court or administrative body that determines the rights of | 5 | | the
parties respecting the subject matter of the proceeding, | 6 | | that remains in full
force and effect, and from which no appeal | 7 | | can be taken.
| 8 | | (c) Any person who shall make any false statement or | 9 | | otherwise
violates any of the provisions of this Act in | 10 | | obtaining any license
hereunder, or who having obtained a | 11 | | license hereunder shall violate any
of the provisions of this | 12 | | Act with respect to the manufacture,
possession, distribution | 13 | | or sale of alcoholic liquor, or with respect to
the maintenance | 14 | | of the licensed premises, or shall violate any other
provision | 15 | | of this Act, shall for a first offense be guilty of a petty
| 16 | | offense and fined not more than $500, and for a second or | 17 | | subsequent
offense shall be guilty of a Class B misdemeanor.
| 18 | | (c-5) Any owner of an establishment where alcohol may be | 19 | | consumed, other than a private residence or club as defined in | 20 | | Section 1-3.24 of the Liquor Control Act of 1934, that serves | 21 | | alcohol on its premises, if more than 50% of the | 22 | | establishment's gross receipts within the prior 3 months is | 23 | | from the sale of alcohol, who knowingly fails to prohibit | 24 | | concealed firearms on its premises or who knowingly makes a | 25 | | false statement or record to avoid the prohibition of concealed | 26 | | firearms on its premises under the Firearm Concealed Carry Act |
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| 1 | | shall be guilty of a business offense with a fine up to $5,000. | 2 | | (d) Each day any person engages in business as a | 3 | | manufacturer,
foreign importer, importing distributor, | 4 | | distributor or retailer in
violation of the provisions of this | 5 | | Act shall constitute a separate offense.
| 6 | | (e) Any person, under the age of 21 years who, for the | 7 | | purpose
of buying, accepting or receiving alcoholic liquor from | 8 | | a
licensee, represents that he is 21 years of age or over shall | 9 | | be guilty
of a Class A misdemeanor.
| 10 | | (f) In addition to the penalties herein provided, any | 11 | | person
licensed as a wine-maker in either class who | 12 | | manufactures more wine than
authorized by his license shall be | 13 | | guilty of a business offense and shall be
fined $1 for each | 14 | | gallon so manufactured.
| 15 | | (g) A person shall be exempt from prosecution for a | 16 | | violation of this
Act if he is a peace officer in the | 17 | | enforcement of the criminal laws and
such activity is approved | 18 | | in writing by one of the following:
| 19 | | (1) In all counties, the respective State's Attorney;
| 20 | | (2) The Director of State Police under
Section 2605-10, | 21 | | 2605-15, 2605-75, 2605-100, 2605-105, 2605-110,
2605-115, | 22 | | 2605-120, 2605-130, 2605-140, 2605-190, 2605-200, | 23 | | 2605-205, 2605-210,
2605-215, 2605-250, 2605-275, | 24 | | 2605-300, 2605-305, 2605-315, 2605-325, 2605-335,
| 25 | | 2605-340,
2605-350, 2605-355, 2605-360, 2605-365, | 26 | | 2605-375, 2605-390, 2605-400, 2605-405,
2605-420,
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| 1 | | 2605-430, 2605-435, 2605-500, 2605-525, or 2605-550 of the | 2 | | Department of State
Police Law (20 ILCS 2605/2605-10, | 3 | | 2605/2605-15, 2605/2605-75,
2605/2605-100, 2605/2605-105, | 4 | | 2605/2605-110, 2605/2605-115,
2605/2605-120, | 5 | | 2605/2605-130, 2605/2605-140, 2605/2605-190, | 6 | | 2605/2605-200,
2605/2605-205, 2605/2605-210, | 7 | | 2605/2605-215, 2605/2605-250, 2605/2605-275,
| 8 | | 2605/2605-300,
2605/2605-305, 2605/2605-315, | 9 | | 2605/2605-325, 2605/2605-335, 2605/2605-340,
| 10 | | 2605/2605-350, 2605/2605-355, 2605/2605-360,
| 11 | | 2605/2605-365, 2605/2605-375, 2605/2605-390,
| 12 | | 2605/2605-400, 2605/2605-405, 2605/2605-420, | 13 | | 2605/2605-430, 2605/2605-435,
2605/2605-500, | 14 | | 2605/2605-525, or 2605/2605-550); or
| 15 | | (3) In cities over 1,000,000, the Superintendent of | 16 | | Police.
| 17 | | (Source: P.A. 90-739, eff. 8-13-98; 91-239, eff. 1-1-00; | 18 | | 09800HB0183enr.)
| 19 | | Section 20. If and only if House Bill 183 of the 98th | 20 | | General Assembly becomes law, then the Firearm Owners | 21 | | Identification Card Act is amended by changing Sections 8.1 and | 22 | | 13.1 as follows:
| 23 | | (430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)
| 24 | | Sec. 8.1. Notifications to the Department of State Police.
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| 1 | | (a) The Circuit Clerk shall, in the form and manner | 2 | | required by the
Supreme Court, notify the Department of State | 3 | | Police of all final dispositions
of cases for which the | 4 | | Department has received information reported to it under
| 5 | | Sections 2.1 and 2.2 of the Criminal Identification Act.
| 6 | | (b) Upon adjudication of any individual as a mentally | 7 | | disabled person as defined in Section 1.1 of this Act or a | 8 | | finding that a person has been involuntarily admitted, the | 9 | | court shall direct the circuit court clerk to immediately | 10 | | notify the Department of State Police, Firearm Owner's | 11 | | Identification (FOID) department, and shall forward a copy of | 12 | | the court order to the Department. | 13 | | (c) The Department of Human Services shall, in the form and | 14 | | manner prescribed by the Department of State Police, report all | 15 | | information collected under subsection (b) of Section 12 of the | 16 | | Mental Health and Developmental Disabilities Confidentiality | 17 | | Act for the purpose of determining whether a person who may be | 18 | | or may have been a patient in a mental health facility is | 19 | | disqualified under State or federal law from receiving or | 20 | | retaining a Firearm Owner's Identification Card, or purchasing | 21 | | a weapon. | 22 | | (d) If a person is determined to pose a clear and present | 23 | | danger to himself, herself, or to others | 24 | | (1) by a physician, clinical psychologist, qualified | 25 | | examiner, or is determined to be developmentally disabled | 26 | | by a physician, clinical psychologist, or qualified |
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| 1 | | examiner, whether employed by the State or privately, then | 2 | | the physician, clinical psychologist, or qualified | 3 | | examiner shall, within 24 hours of making the | 4 | | determination, notify the Department of Human Services | 5 | | that the person poses a clear and present danger or is | 6 | | developmentally disabled; or | 7 | | (2) by a law enforcement official, or school | 8 | | administrator, then the law enforcement official or school | 9 | | administrator or is determined to be developmentally | 10 | | disabled by a physician, clinical psychologist, or | 11 | | qualified examiner, whether employed by the State or by a | 12 | | private mental health facility, then the physician, | 13 | | clinical psychologist, or qualified examiner shall, within | 14 | | 24 hours of making the determination, notify the Department | 15 | | of State Police Human Services that the person poses a | 16 | | clear and present danger. | 17 | | The Department of Human Services shall immediately update | 18 | | its records and information relating to mental health and | 19 | | developmental disabilities, and if appropriate, shall notify | 20 | | the Department of State Police in a form and manner prescribed | 21 | | by the Department of State Police. The Department of State | 22 | | Police shall determine whether to revoke the person's Firearm | 23 | | Owner's Identification Card under Section 8 of this Act. Any | 24 | | information disclosed under this subsection shall remain | 25 | | privileged and confidential, and shall not be redisclosed, | 26 | | except as required under subsection (e) of Section 3.1 of this |
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| 1 | | Act, nor used for any other purpose. The method of providing | 2 | | this information shall guarantee that the information is not | 3 | | released beyond what is necessary for the purpose of this | 4 | | Section and shall be provided by rule by the Department of | 5 | | Human Services. The identity of the person reporting under this | 6 | | Section shall not be disclosed to the subject of the report. | 7 | | The physician, clinical psychologist, qualified examiner, law | 8 | | enforcement official, or school administrator making the | 9 | | determination and his or her employer shall not be held | 10 | | criminally, civilly, or professionally liable for making or not | 11 | | making the notification required under this subsection, except | 12 | | for willful or wanton misconduct. | 13 | | (e) The Department of State Police shall adopt rules to | 14 | | implement this Section. | 15 | | (Source: P.A. 97-1131, eff. 1-1-13; 09800HB0183enr.)
| 16 | | (430 ILCS 65/13.1) (from Ch. 38, par. 83-13.1)
| 17 | | Sec. 13.1. Preemption.
| 18 | | (a) Except as otherwise provided in the Firearm Concealed | 19 | | Carry Act and subsection subsections (b) and (c) of this | 20 | | Section, the provisions of any ordinance enacted by any | 21 | | municipality which
requires registration or imposes greater | 22 | | restrictions or limitations on the
acquisition, possession and | 23 | | transfer of firearms than are imposed by this
Act, are not | 24 | | invalidated or affected by this Act.
| 25 | | (b) Notwithstanding subsection (a) of this Section, the |
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| 1 | | regulation, licensing, possession, and registration of | 2 | | handguns and ammunition for a handgun, and the transportation | 3 | | of any firearm and ammunition by a holder of a valid Firearm | 4 | | Owner's Identification Card issued by the Department of State | 5 | | Police under this Act are exclusive powers and functions of | 6 | | this State. Any ordinance or regulation, or portion of that | 7 | | ordinance or regulation, enacted on or before the effective | 8 | | date of this amendatory Act of the 98th General Assembly that | 9 | | purports to impose regulations or restrictions on a holder of a | 10 | | valid Firearm Owner's Identification Card issued by the | 11 | | Department of State Police under this Act in a manner that is | 12 | | inconsistent with this Act, on the effective date of this | 13 | | amendatory Act of the 98th General Assembly, shall be invalid | 14 | | in its application to a holder of a valid Firearm Owner's | 15 | | Identification Card issued by the Department of State Police | 16 | | under this Act. | 17 | | (c) Notwithstanding subsection (a) of this Section, the | 18 | | regulation of the possession or ownership of assault weapons | 19 | | are exclusive powers and functions of this State. Any ordinance | 20 | | or regulation, or portion of that ordinance or regulation, that | 21 | | purports to regulate the possession or ownership of assault | 22 | | weapons in a manner that is inconsistent with this Act, shall | 23 | | be invalid unless the ordinance or regulation is enacted on, | 24 | | before, or within 10 days after the effective date of this | 25 | | amendatory Act of the 98th General Assembly. Any ordinance or | 26 | | regulation described in this subsection (c) enacted more than |
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| 1 | | 10 days after the effective date of this amendatory Act of the | 2 | | 98th General Assembly is invalid. An ordinance enacted on, | 3 | | before, or within 10 days after the effective date of this | 4 | | amendatory Act of the 98th General Assembly may be amended. The | 5 | | enactment or amendment of ordinances under this subsection (c) | 6 | | are subject to the submission requirements of Section 13.3. For | 7 | | the purposes of this subsection, "assault weapons" means | 8 | | firearms designated by either make or model or by a test or | 9 | | list of cosmetic features that cumulatively would place the | 10 | | firearm into a definition of "assault weapon" under the | 11 | | ordinance. | 12 | | (c) (d) For the purposes of this Section, "handgun" has the | 13 | | meaning ascribed to it in Section 5 of the Firearm Concealed | 14 | | Carry Act. | 15 | | (d) (e) This Section is a denial and limitation of home | 16 | | rule powers and functions under subsection (h) of Section 6 of | 17 | | Article VII of the Illinois Constitution. | 18 | | (Source: P.A. 76-1939; 09800HB0183enr.)".
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