Illinois General Assembly - Full Text of HB0011
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Full Text of HB0011  98th General Assembly


Sen. John J. Cullerton

Filed: 7/8/2013





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2    AMENDMENT NO. ______. Amend House Bill 11 by replacing
3everything after the enacting clause with the following:
4    "Section 5. If and only if House Bill 183 of the 98th
5General Assembly becomes law, then the Firearm Concealed Carry
6Act is amended by changing Sections 5, 10, 20, and 65 as
8    (09800HB0183enr, Sec. 5)
9    Sec. 5. Definitions. As used in this Act:
10    "Ammunition feeding device" means a detachable magazine
11clip, belt, drum, feed strip, or similar device.
12    "Applicant" means a person who is applying for a license to
13carry a concealed firearm under this Act.
14    "Board" means the Concealed Carry Licensing Review Board.
15    "Concealed firearm" means a loaded or unloaded handgun
16carried on or about a person completely covered or not visible



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1from the view of the public, or carried in a vehicle concealed,
2covered, or not visible from the view of the public or mostly
3concealed from view of the public or on or about a person
4within 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
8projectile or projectiles by the action of an explosion,
9expansion of gas, or escape of gas that is designed to be held
10and fired by the use of a single hand. "Handgun" does not
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
26law enforcement agency, including offices of State's Attorneys



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1and the Office of the Attorney General.
2    "License" means a license issued by the Department of State
3Police to carry a concealed handgun.
4    "Licensee" means a person issued a license to carry a
5concealed handgun.
6    "Municipality" has the meaning ascribed to it in Section 1
7of Article VII of the Illinois Constitution.
8    "Unit of local government" has the meaning ascribed to it
9in 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
14concealed 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
24duplicate license as provided in this Act.
25    (c) A license shall be valid throughout the State for a



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1period of 5 years from the date of issuance. A license shall
2permit the licensee to carry one loaded or unloaded concealed
3firearm and, whether attached to or detached from the firearm,
4one ammunition feeding device for that firearm with a capacity
5of 10 rounds of ammunition or less on or about his or her
6person. The licensee may not carry an ammunition feeding device
7with a capacity of more than 10 rounds of ammunition or that
8can be readily restored or concerted to accept more than 10
9rounds 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
16available no later than 180 days after the effective date of
17this Act. The Department shall establish rules for the
18availability and submission of applications in accordance with
19this Act.
20    (e) An application for a license submitted to the
21Department that contains all the information and materials
22required by this Act, including the requisite fee, shall be
23deemed completed. Except as otherwise provided in this Act, no
24later than 90 days after receipt of a completed application,
25the Department shall issue or deny the applicant a license.
26    (f) The Department shall deny the applicant a license if



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1the applicant fails to meet the requirements under this Act or
2the Department receives a determination from the Board that the
3applicant is ineligible for a license. The Department must
4notify the applicant stating the grounds for the denial. The
5notice of denial must inform the applicant of his or her right
6to an appeal through administrative and judicial review.
7    (g) A licensee shall possess a license at all times the
8licensee 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
21investigative stop, including but not limited to a traffic
22stop, of a licensee who is carrying a concealed firearm, upon
23the request of the officer the licensee shall immediately
24disclose to the officer that he or she is in possession of a
25concealed firearm under this Act, present the license upon the
26request of the officer, and identify the location of the



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1concealed firearm.
2    (i) The Department shall maintain a database of license
3applicants and licensees. The database shall be available to
4all federal, State, and local law enforcement agencies, State's
5Attorneys, the Attorney General, and authorized court
6personnel. Within 180 days after the effective date of this
7Act, the database shall be searchable and provide all
8information included in the application, including the
9applicant's previous addresses within the 10 years prior to the
10license application and any information related to violations
11of this Act. No law enforcement agency, State's Attorney,
12Attorney General, or member or staff of the judiciary shall
13provide any information to a requester who is not entitled to
14it by law.
15    (j) No later than 10 days after receipt of a completed
16application, the Department shall enter the relevant
17information about the applicant into the database under
18subsection (i) of this Section which is accessible by law
19enforcement 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
24Review Board to consider any objection to an applicant's
25eligibility to obtain a license under this Act submitted by a



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1law enforcement agency or the Department under Section 15 of
2this Act. The Board shall consist of 7 commissioners to be
3appointed by the Governor, with the advice and consent of the
4Senate, with 3 commissioners residing within the First Judicial
5District and one commissioner residing within each of the 4
6remaining Judicial Districts. No more than 4 commissioners
7shall be members of the same political party. The Governor
8shall designate one commissioner as the Chairperson. The Board
9shall 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
25January 12, 2015. Thereafter, the commissioners shall hold
26office for 4 years, with terms expiring on the second Monday in



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1January of the fourth year. Commissioners may be reappointed.
2Vacancies in the office of commissioner shall be filled in the
3same manner as the original appointment, for the remainder of
4the unexpired term. The Governor may remove a commissioner for
5incompetence, neglect of duty, malfeasance, or inability to
6serve. Commissioners shall receive compensation in an amount
7equal to the compensation of members of the Executive Ethics
8Commission and may be reimbursed for reasonable expenses
9actually incurred in the performance of their Board duties,
10from funds appropriated for that purpose.
11    (c) The Board shall meet at the call of the chairperson as
12often as necessary to consider objections to applications for a
13license under this Act. If necessary to ensure the
14participation of a commissioner, the Board shall allow a
15commissioner to participate in a Board meeting by electronic
16communication. Any commissioner participating electronically
17shall be deemed present for purposes of establishing a quorum
18and voting.
19    (d) The Board shall adopt rules for the conduct of
20hearings. The Board shall maintain a record of its decisions
21and all materials considered in making its decisions. All Board
22decisions and voting records shall be kept confidential and all
23materials considered by the Board shall be exempt from
24inspection except upon order of a court.
25    (e) In considering an objection of a law enforcement agency
26or the Department, the Board shall review the materials



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1received with the objection from the law enforcement agency or
2the Department. By a vote of at least 4 commissioners, the
3Board may request additional information from the law
4enforcement agency, Department, or the applicant, or the
5testimony of the law enforcement agency, Department, or the
6applicant. The Board may only consider information submitted by
7the Department, a law enforcement agency, or the applicant. The
8Board shall review each objection and determine by a majority
9of commissioners whether an applicant is eligible for a
11    (f) The Board shall issue a decision within 30 days of
12receipt of the objection from the Department. However, the
13Board 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
24evidence that the applicant poses a danger to himself or
25herself or others, or is a threat to public safety, then the
26Board shall affirm the objection of the law enforcement agency



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1or the Department and shall notify the Department that the
2applicant is ineligible for a license. If the Board does not
3determine by a preponderance of the evidence that the applicant
4poses a danger to himself or herself or others, or is a threat
5to public safety, then the Board shall notify the Department
6that the applicant is eligible for a license.
7    (h) Meetings of the Board shall not be subject to the Open
8Meetings Act and records of the Board shall not be subject to
9the Freedom of Information Act.
10    (h) (i) The Board shall report monthly to the Governor and
11the General Assembly on the number of objections received and
12provide details of the circumstances in which the Board has
13determined to deny licensure based on law enforcement or
14Department objections under Section 15 of this Act. The report
15shall not contain any identifying information about the
17(Source: 09800HB0183enr.)
18    (09800HB0183enr, Sec. 65)
19    Sec. 65. Prohibited areas.
20    (a) A licensee under this Act shall not knowingly carry a
21firearm 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
5private 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
23the private real property of another without prior permission
24from the property owner. A property owner shall indicate
25permission to carry concealed firearms by posting a sign at the
26entrance of a building, premises, or real property, except this



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1posting is not required if the property is a private residence.
2Signs stating that the carrying of firearms is allowed shall be
3clearly and conspicuously posted at the entrance of a building,
4premises, or real property. Signs shall be of a uniform design
5as established by the Department and shall be at least 4 inches
6by 6 inches in size. The Department shall adopt rules for
7standardized signs to be used under this subsection. The owner
8of private real property of any type may prohibit the carrying
9of concealed firearms on the property under his or her control.
10The owner must post a sign in accordance with subsection (d) of
11this Section indicating that firearms are prohibited on the
12property, unless the property is a private residence.
13    (a-15) An employer, or his or her designee, may prohibit an
14employee from carrying a concealed firearm during any part of
15the employee's employment. An employer, or his or her designee,
16may prohibit an employee from bringing a firearm onto the
17employer's property.
18    (b) Notwithstanding subsections (a), (a-5), and (a-10) of
19this Section except under paragraph (22) or (23) of subsection
20(a), any licensee prohibited from carrying a concealed firearm
21into the parking area of a prohibited location specified in
22subsection (a), (a-5), or (a-10) of this Section shall be
23permitted to carry a concealed firearm on or about his or her
24person within a vehicle into the parking area and may store a
25firearm or ammunition concealed in a case within a locked
26vehicle or locked container out of plain view within the



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1vehicle in the parking area. The firearm must remain within the
2vehicle at all times while within the parking area. A licensee
3may carry a concealed firearm in the immediate area surrounding
4his or her vehicle within a prohibited parking lot area only
5for the limited purpose of storing or retrieving a firearm
6within the vehicle's trunk, provided the licensee ensures the
7concealed firearm is unloaded prior to exiting the vehicle. For
8purposes of this subsection, "case" includes a glove
9compartment or console that completely encloses the concealed
10firearm or ammunition, the trunk of the vehicle, or a firearm
11carrying box, shipping box, or other container.
12    (c) A licensee shall not be in violation of this Section
13while he or she is traveling along a public right of way that
14touches or crosses any of the premises under subsection (a),
15(a-5), or (a-10) of this Section if the concealed firearm is
16carried on his or her person in accordance with the provisions
17of this Act or is being transported in a vehicle by the
18licensee in accordance with all other applicable provisions of
20    (d) Signs stating that the carrying of firearms is
21prohibited shall be clearly and conspicuously posted at the
22entrance of a building, premises, or real property specified in
23this Section as a prohibited area, unless the building or
24premises is a private residence. Signs shall be of a uniform
25design as established by the Department and shall be 4 inches
26by 6 inches in size. The Department shall adopt rules for



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1standardized signs to be used under this subsection.
2(Source: 09800HB0183enr.)
3    Section 10. If and only if House Bill 183 of the 98th
4General Assembly becomes law, then the Open Meetings Act is
5amended 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
9be open to the public unless excepted in subsection (c) and
10closed in accordance with Section 2a.
11    (b) Construction of exceptions. The exceptions contained
12in subsection (c) are in derogation of the requirement that
13public bodies meet in the open, and therefore, the exceptions
14are to be strictly construed, extending only to subjects
15clearly within their scope. The exceptions authorize but do not
16require the holding of a closed meeting to discuss a subject
17included within an enumerated exception.
18    (c) Exceptions. A public body may hold closed meetings to
19consider 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
8relationship with the public body constitutes an
9employer-employee relationship under the usual common law
10rules, and who is not an independent contractor.
11    "Public office" means a position created by or under the
12Constitution or laws of this State, the occupant of which is
13charged with the exercise of some portion of the sovereign
14power of this State. The term "public office" shall include
15members of the public body, but it shall not include
16organizational positions filled by members thereof, whether
17established by law or by a public body itself, that exist to
18assist the body in the conduct of its business.
19    "Quasi-adjudicative body" means an administrative body
20charged by law or ordinance with the responsibility to conduct
21hearings, receive evidence or testimony and make
22determinations based thereon, but does not include local
23electoral boards when such bodies are considering petition
25    (e) Final action. No final action may be taken at a closed
26meeting. Final action shall be preceded by a public recital of



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1the nature of the matter being considered and other information
2that 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;
496-1428, eff. 8-11-10; 97-318, eff. 1-1-12; 97-333, eff.
58-12-11; 97-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876,
6eff. 8-1-12; 09800HB0183enr.)
7    Section 15. If and only if House Bill 183 of the 98th
8General Assembly becomes law, then the Liquor Control Act of
91934 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
12threat to the sound and careful control, regulation, and
13taxation of the manufacture, sale, and distribution of
14alcoholic liquors exists by virtue of individuals who
15manufacture, import, distribute, or sell alcoholic liquors
16within the State without having first obtained a valid license
17to do so, and whereas such threat is especially serious along
18the borders of this State, and whereas such threat requires
19immediate correction by this Act, by active investigation and
20prosecution by law enforcement officials and prosecutors, and
21by prompt and strict enforcement through the courts of this
22State to punish violators and to deter such conduct in the
24    (a) Any person who manufactures, imports for distribution



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1or use, or distributes or sells alcoholic liquor at any place
2within the State without having first obtained a valid license
3to do so under the provisions of this Act shall be guilty of a
4business offense and fined not more than $1,000 for the first
5such offense and shall be guilty of a Class 4 felony for each
6subsequent offense.
7    (b) (1) Any retailer, licensed in this State, who knowingly
8causes to furnish, give, sell, or otherwise being within the
9State, any alcoholic liquor destined to be used, distributed,
10consumed or sold in another state, unless such alcoholic liquor
11was received in this State by a duly licensed distributor, or
12importing distributors shall have his license suspended for 7
13days for the first offense and for the second offense, shall
14have his license revoked by the Commission.
15    (2) In the event the Commission receives a certified copy
16of a final order from a foreign jurisdiction that an Illinois
17retail licensee has been found to have violated that foreign
18jurisdiction's laws, rules, or regulations concerning the
19importation of alcoholic liquor into that foreign
20jurisdiction, the violation may be grounds for the Commission
21to revoke, suspend, or refuse to issue or renew a license, to
22impose a fine, or to take any additional action provided by
23this Act with respect to the Illinois retail license or
24licensee. Any such action on the part of the Commission shall
25be in accordance with this Act and implementing rules.
26    For the purposes of paragraph (2): (i) "foreign



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1jurisdiction" means a state, territory, or possession of the
2United States, the District of Columbia, or the Commonwealth of
3Puerto Rico, and (ii) "final order" means an order or judgment
4of a court or administrative body that determines the rights of
5the parties respecting the subject matter of the proceeding,
6that remains in full force and effect, and from which no appeal
7can be taken.
8    (c) Any person who shall make any false statement or
9otherwise violates any of the provisions of this Act in
10obtaining any license hereunder, or who having obtained a
11license hereunder shall violate any of the provisions of this
12Act with respect to the manufacture, possession, distribution
13or sale of alcoholic liquor, or with respect to the maintenance
14of the licensed premises, or shall violate any other provision
15of this Act, shall for a first offense be guilty of a petty
16offense and fined not more than $500, and for a second or
17subsequent offense shall be guilty of a Class B misdemeanor.
18    (c-5) Any owner of an establishment where alcohol may be
19consumed, other than a private residence or club as defined in
20Section 1-3.24 of the Liquor Control Act of 1934, that serves
21alcohol on its premises, if more than 50% of the
22establishment's gross receipts within the prior 3 months is
23from the sale of alcohol, who knowingly fails to prohibit
24concealed firearms on its premises or who knowingly makes a
25false statement or record to avoid the prohibition of concealed
26firearms on its premises under the Firearm Concealed Carry Act



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1shall be guilty of a business offense with a fine up to $5,000.
2    (d) Each day any person engages in business as a
3manufacturer, foreign importer, importing distributor,
4distributor or retailer in violation of the provisions of this
5Act shall constitute a separate offense.
6    (e) Any person, under the age of 21 years who, for the
7purpose of buying, accepting or receiving alcoholic liquor from
8a licensee, represents that he is 21 years of age or over shall
9be guilty of a Class A misdemeanor.
10    (f) In addition to the penalties herein provided, any
11person licensed as a wine-maker in either class who
12manufactures more wine than authorized by his license shall be
13guilty of a business offense and shall be fined $1 for each
14gallon so manufactured.
15    (g) A person shall be exempt from prosecution for a
16violation of this Act if he is a peace officer in the
17enforcement of the criminal laws and such activity is approved
18in 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;
19    Section 20. If and only if House Bill 183 of the 98th
20General Assembly becomes law, then the Firearm Owners
21Identification Card Act is amended by changing Sections 8.1 and
2213.1 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
2required by the Supreme Court, notify the Department of State
3Police of all final dispositions of cases for which the
4Department has received information reported to it under
5Sections 2.1 and 2.2 of the Criminal Identification Act.
6    (b) Upon adjudication of any individual as a mentally
7disabled person as defined in Section 1.1 of this Act or a
8finding that a person has been involuntarily admitted, the
9court shall direct the circuit court clerk to immediately
10notify the Department of State Police, Firearm Owner's
11Identification (FOID) department, and shall forward a copy of
12the court order to the Department.
13    (c) The Department of Human Services shall, in the form and
14manner prescribed by the Department of State Police, report all
15information collected under subsection (b) of Section 12 of the
16Mental Health and Developmental Disabilities Confidentiality
17Act for the purpose of determining whether a person who may be
18or may have been a patient in a mental health facility is
19disqualified under State or federal law from receiving or
20retaining a Firearm Owner's Identification Card, or purchasing
21a weapon.
22    (d) If a person is determined to pose a clear and present
23danger 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
18its records and information relating to mental health and
19developmental disabilities, and if appropriate, shall notify
20the Department of State Police in a form and manner prescribed
21by the Department of State Police. The Department of State
22Police shall determine whether to revoke the person's Firearm
23Owner's Identification Card under Section 8 of this Act. Any
24information disclosed under this subsection shall remain
25privileged and confidential, and shall not be redisclosed,
26except as required under subsection (e) of Section 3.1 of this



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1Act, nor used for any other purpose. The method of providing
2this information shall guarantee that the information is not
3released beyond what is necessary for the purpose of this
4Section and shall be provided by rule by the Department of
5Human Services. The identity of the person reporting under this
6Section shall not be disclosed to the subject of the report.
7The physician, clinical psychologist, qualified examiner, law
8enforcement official, or school administrator making the
9determination and his or her employer shall not be held
10criminally, civilly, or professionally liable for making or not
11making the notification required under this subsection, except
12for willful or wanton misconduct.
13    (e) The Department of State Police shall adopt rules to
14implement 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
19Carry Act and subsection subsections (b) and (c) of this
20Section, the provisions of any ordinance enacted by any
21municipality which requires registration or imposes greater
22restrictions or limitations on the acquisition, possession and
23transfer of firearms than are imposed by this Act, are not
24invalidated or affected by this Act.
25    (b) Notwithstanding subsection (a) of this Section, the



09800HB0011sam002- 33 -LRB098 00182 JWD 47166 a

1regulation, licensing, possession, and registration of
2handguns and ammunition for a handgun, and the transportation
3of any firearm and ammunition by a holder of a valid Firearm
4Owner's Identification Card issued by the Department of State
5Police under this Act are exclusive powers and functions of
6this State. Any ordinance or regulation, or portion of that
7ordinance or regulation, enacted on or before the effective
8date of this amendatory Act of the 98th General Assembly that
9purports to impose regulations or restrictions on a holder of a
10valid Firearm Owner's Identification Card issued by the
11Department of State Police under this Act in a manner that is
12inconsistent with this Act, on the effective date of this
13amendatory Act of the 98th General Assembly, shall be invalid
14in its application to a holder of a valid Firearm Owner's
15Identification Card issued by the Department of State Police
16under this Act.
17    (c) Notwithstanding subsection (a) of this Section, the
18regulation of the possession or ownership of assault weapons
19are exclusive powers and functions of this State. Any ordinance
20or regulation, or portion of that ordinance or regulation, that
21purports to regulate the possession or ownership of assault
22weapons in a manner that is inconsistent with this Act, shall
23be invalid unless the ordinance or regulation is enacted on,
24before, or within 10 days after the effective date of this
25amendatory Act of the 98th General Assembly. Any ordinance or
26regulation described in this subsection (c) enacted more than



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110 days after the effective date of this amendatory Act of the
298th General Assembly is invalid. An ordinance enacted on,
3before, or within 10 days after the effective date of this
4amendatory Act of the 98th General Assembly may be amended. The
5enactment or amendment of ordinances under this subsection (c)
6are subject to the submission requirements of Section 13.3. For
7the purposes of this subsection, "assault weapons" means
8firearms designated by either make or model or by a test or
9list of cosmetic features that cumulatively would place the
10firearm into a definition of "assault weapon" under the
12    (c) (d) For the purposes of this Section, "handgun" has the
13meaning ascribed to it in Section 5 of the Firearm Concealed
14Carry Act.
15    (d) (e) This Section is a denial and limitation of home
16rule powers and functions under subsection (h) of Section 6 of
17Article VII of the Illinois Constitution.
18(Source: P.A. 76-1939; 09800HB0183enr.)".