Full Text of HB1157 98th General Assembly
HB1157ham007 98TH GENERAL ASSEMBLY | Rep. Barbara Flynn Currie Filed: 3/12/2013
| | 09800HB1157ham007 | | LRB098 08477 MRW 42284 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 1157
| 2 | | AMENDMENT NO. ______. Amend House Bill 1157, AS AMENDED, by
| 3 | | inserting the following in its proper numeric sequence:
| 4 | | "Section 130. The State Finance Act is amended by adding | 5 | | Sections 5.826, 5.827, 5.828, 6z-98, 6z-99, and 6z-100 as | 6 | | follows: | 7 | | (30 ILCS 105/5.826 new) | 8 | | Sec. 5.826. The Mental Health Services Improvement Fund. | 9 | | (30 ILCS 105/5.827 new) | 10 | | Sec. 5.827. The Mental Health Screening and Public Safety | 11 | | Fund. | 12 | | (30 ILCS 105/5.828 new) | 13 | | Sec. 5.828. The NICS and LEADS Criminal Background Check | 14 | | Improvement Fund. |
| | | 09800HB1157ham007 | - 2 - | LRB098 08477 MRW 42284 a |
|
| 1 | | (30 ILCS 105/6z-98 new) | 2 | | Sec. 6z-98. Mental Health Services Improvement Fund. | 3 | | (a) There is created in the State treasury a special fund | 4 | | known as the Mental Health Services Improvement Fund. The Fund | 5 | | shall receive revenue under Section 5 of the Firearm Owners | 6 | | Identification Card Act. The Fund may also receive revenue from | 7 | | grants, donations, appropriations, and any other legal source. | 8 | | (b) The Department of Human Services shall use moneys in | 9 | | the Fund to support mental health treatment programs. The | 10 | | Department of Human Services shall distribute moneys in the | 11 | | Fund to community mental health programs throughout the State | 12 | | that the Department deems are in need of financial assistance. | 13 | | (c) The Department shall report annually to the appropriate | 14 | | Appropriations Committee on the amount of money received into | 15 | | the Fund and how it is apportioned. | 16 | | (d) Expenditures may be made from the Fund only as | 17 | | appropriated by the General Assembly by law. | 18 | | (e) Investment income that is attributable to the | 19 | | investment of moneys in the Fund shall be retained in the Fund | 20 | | for the uses specified in this Section. | 21 | | (f) The Fund shall not be subject to administrative | 22 | | chargebacks. | 23 | | (30 ILCS 105/6z-99 new) | 24 | | Sec. 6z-99. Mental Health Screening and Public Safety Fund. |
| | | 09800HB1157ham007 | - 3 - | LRB098 08477 MRW 42284 a |
|
| 1 | | (a) There is created in the State treasury a special fund | 2 | | known as the Mental Health Screening and Public Safety Fund. | 3 | | The Fund shall receive revenue under Section 5 of the Firearm | 4 | | Owners Identification Card Act. The Fund may also receive | 5 | | revenue from grants, donations, appropriations, and any other | 6 | | legal source. | 7 | | (b) The Department of Human Services shall use moneys in | 8 | | the Fund to update mental health background check records in | 9 | | coordination with the Department of State Police. Moneys in the | 10 | | Fund may be used as determined by the Department of Human | 11 | | Services to: | 12 | | (1) assist the Illinois Association of Circuit Clerks | 13 | | in reporting mental defect adjudications and ensuring that | 14 | | persons ineligible to possess a Firearm Owner's | 15 | | Identification Card return their Firearm Owner's | 16 | | Identification Cards to the Department of State Police; | 17 | | (2) assist the Department of State Police in updating a | 18 | | searchable mental health background check database; and | 19 | | (3) assist and educate private hospitals and nursing | 20 | | homes on properly submitting mental health data to the | 21 | | Department of Human Services for purposes of Firearm | 22 | | Owner's Identification Card compliance. | 23 | | (c) The Department shall report annually to the appropriate | 24 | | Appropriations Committee on the amount of money received into | 25 | | the Fund and how it is apportioned. | 26 | | (d) Expenditures may be made from the Fund only as |
| | | 09800HB1157ham007 | - 4 - | LRB098 08477 MRW 42284 a |
|
| 1 | | appropriated by the General Assembly by law. | 2 | | (e) Investment income that is attributable to the | 3 | | investment of moneys in the Fund shall be retained in the Fund | 4 | | for the uses specified in this Section. | 5 | | (f) The Fund shall not be subject to administrative | 6 | | chargebacks. | 7 | | (30 ILCS 105/6z-100 new) | 8 | | Sec. 6z-100. NICS and LEADS Criminal Background Check | 9 | | Improvement Fund. | 10 | | (a) There is created in the State treasury a special fund | 11 | | known as NICS and LEADS Criminal Background Check Improvement | 12 | | Fund. The Fund shall receive revenue under Section 5 of the | 13 | | Firearm Owners Identification Card Act. The Fund may also | 14 | | receive revenue from grants, donations, appropriations, and | 15 | | any other legal source. | 16 | | (b) The Department of State Police shall use moneys in the | 17 | | Fund to: | 18 | | (1) perform its duties and responsibilities under | 19 | | subsection (e) of Section 3.1 of the Firearm Owners | 20 | | Identification Card Act; | 21 | | (2) update and improve the technology used for the Law | 22 | | Enforcement Agencies Data System (LEADS) system; and | 23 | | (3) support the Department's responsibilities in | 24 | | managing background checks and public safety | 25 | | record-keeping. |
| | | 09800HB1157ham007 | - 5 - | LRB098 08477 MRW 42284 a |
|
| 1 | | (c) The Department shall report annually to the appropriate | 2 | | Appropriations Committee on the amount of money received into | 3 | | the Fund and how it is apportioned. | 4 | | (d) Expenditures may be made from the Fund only as | 5 | | appropriated by the General Assembly by law. | 6 | | (e) Investment income that is attributable to the | 7 | | investment of moneys in the Fund shall be retained in the Fund | 8 | | for the uses specified in this Section. | 9 | | (f) The Fund shall not be subject to administrative | 10 | | chargebacks.
| 11 | | Section 203. The Firearm Owners Identification Card Act is | 12 | | amended by changing Section 5 as follows:
| 13 | | (430 ILCS 65/5) (from Ch. 38, par. 83-5)
| 14 | | Sec. 5. The Department of State Police shall either approve | 15 | | or
deny all applications within 30 days from the date they are | 16 | | received,
and every applicant found qualified pursuant to | 17 | | Section 8 of this Act by
the Department shall be entitled to a | 18 | | Firearm Owner's Identification
Card upon the payment of a $50 | 19 | | $10 fee. Any applicant who is an active duty member of the | 20 | | Armed Forces of the United States, a member of the Illinois | 21 | | National Guard, or a member of the Reserve Forces of the United | 22 | | States is exempt from the application fee. $6 of each fee | 23 | | derived from the
issuance of Firearm Owner's Identification | 24 | | Cards, or renewals thereof,
shall be deposited in the Wildlife |
| | | 09800HB1157ham007 | - 6 - | LRB098 08477 MRW 42284 a |
|
| 1 | | and Fish Fund in the State Treasury;
$1 of such fee shall be | 2 | | deposited in the State Police Services Fund and $13 $3 of such | 3 | | fee shall be deposited in the
Firearm Owner's Notification | 4 | | Fund. Monies in the Firearm Owner's
Notification Fund shall be | 5 | | used exclusively to pay for the cost of sending
notices of | 6 | | expiration of Firearm Owner's Identification Cards under | 7 | | Section
13.2 of this Act.
Excess monies in the Firearm Owner's | 8 | | Notification Fund shall be used to
ensure the prompt and | 9 | | efficient processing of applications received under
Section 4 | 10 | | of this Act. $10 of each fee derived from the
issuance of | 11 | | Firearm Owner's Identification Cards, or renewals thereof,
| 12 | | shall be deposited in the Mental Health Services Improvement | 13 | | Fund, $10 of each fee shall be deposited in the Mental Health | 14 | | Screening and Public Safety Fund, and $10 of each fee shall be | 15 | | deposited in the NICS and LEADS Criminal Background Check | 16 | | Improvement Fund.
| 17 | | (Source: P.A. 95-581, eff. 6-1-08; 96-91, eff. 7-27-09.)".
|
|