HB1157ham007 98TH GENERAL ASSEMBLY

Rep. Barbara Flynn Currie

Filed: 3/12/2013

09800HB1157ham007 LRB098 08477 MRW 42284 a

AMENDMENT TO HOUSE BILL 1157

AMENDMENT NO. ______. Amend House Bill 1157, AS AMENDED, by inserting the following in its proper numeric sequence:

"Section 130. The State Finance Act is amended by adding Sections 5.826, 5.827, 5.828, 6z-98, 6z-99, and 6z-100 as follows:

(30 ILCS 105/5.826 new)

Sec. 5.826. The Mental Health Services Improvement Fund.

(30 ILCS 105/5.827 new)

Sec. 5.827. The Mental Health Screening and Public Safety Fund.

(30 ILCS 105/5.828 new)

Sec. 5.828. The NICS and LEADS Criminal Background Check Improvement Fund.

(30 ILCS 105/6z-98 new)

Sec. 6z-98. Mental Health Services Improvement Fund.

(a) There is created in the State treasury a special fund known as the Mental Health Services Improvement Fund. The Fund shall receive revenue under Section 5 of the Firearm Owners Identification Card Act. The Fund may also receive revenue from grants, donations, appropriations, and any other legal source.

(b) The Department of Human Services shall use moneys in the Fund to support mental health treatment programs. The Department of Human Services shall distribute moneys in the Fund to community mental health programs throughout the State that the Department deems are in need of financial assistance.

(c) The Department shall report annually to the appropriate Appropriations Committee on the amount of money received into the Fund and how it is apportioned.

(d) Expenditures may be made from the Fund only as appropriated by the General Assembly by law.

(e) Investment income that is attributable to the investment of moneys in the Fund shall be retained in the Fund for the uses specified in this Section.

(f) The Fund shall not be subject to administrative chargebacks.

(30 ILCS 105/6z-99 new)

Sec. 6z-99. Mental Health Screening and Public Safety Fund.

(a) There is created in the State treasury a special fund known as the Mental Health Screening and Public Safety Fund. The Fund shall receive revenue under Section 5 of the Firearm Owners Identification Card Act. The Fund may also receive revenue from grants, donations, appropriations, and any other legal source.

(b) The Department of Human Services shall use moneys in the Fund to update mental health background check records in coordination with the Department of State Police. Moneys in the Fund may be used as determined by the Department of Human Services to:

(1) assist the Illinois Association of Circuit Clerks in reporting mental defect adjudications and ensuring that persons ineligible to possess a Firearm Owner's Identification Card return their Firearm Owner's Identification Cards to the Department of State Police;

(2) assist the Department of State Police in updating a searchable mental health background check database; and

(3) assist and educate private hospitals and nursing homes on properly submitting mental health data to the Department of Human Services for purposes of Firearm Owner's Identification Card compliance.

(c) The Department shall report annually to the appropriate Appropriations Committee on the amount of money received into the Fund and how it is apportioned.

(d) Expenditures may be made from the Fund only as appropriated by the General Assembly by law.

(e) Investment income that is attributable to the investment of moneys in the Fund shall be retained in the Fund for the uses specified in this Section.

(f) The Fund shall not be subject to administrative chargebacks.

(30 ILCS 105/6z-100 new)

Sec. 6z-100. NICS and LEADS Criminal Background Check Improvement Fund.

(a) There is created in the State treasury a special fund known as NICS and LEADS Criminal Background Check Improvement Fund. The Fund shall receive revenue under Section 5 of the Firearm Owners Identification Card Act. The Fund may also receive revenue from grants, donations, appropriations, and any other legal source.

(b) The Department of State Police shall use moneys in the Fund to:

(1) perform its duties and responsibilities under subsection (e) of Section 3.1 of the Firearm Owners Identification Card Act;

(2) update and improve the technology used for the Law Enforcement Agencies Data System (LEADS) system; and

(3) support the Department's responsibilities in managing background checks and public safety record-keeping.

(c) The Department shall report annually to the appropriate Appropriations Committee on the amount of money received into the Fund and how it is apportioned.

(d) Expenditures may be made from the Fund only as appropriated by the General Assembly by law.

(e) Investment income that is attributable to the investment of moneys in the Fund shall be retained in the Fund for the uses specified in this Section.

(f) The Fund shall not be subject to administrative chargebacks.

Section 203. The Firearm Owners Identification Card Act is amended by changing Section 5 as follows:

(430 ILCS 65/5) (from Ch. 38, par. 83-5)

Sec. 5. The Department of State Police shall either approve or deny all applications within 30 days from the date they are received, and every applicant found qualified pursuant to Section 8 of this Act by the Department shall be entitled to a Firearm Owner's Identification Card upon the payment of a $50 $10 fee. Any applicant who is an active duty member of the Armed Forces of the United States, a member of the Illinois National Guard, or a member of the Reserve Forces of the United States is exempt from the application fee. $6 of each fee derived from the issuance of Firearm Owner's Identification Cards, or renewals thereof, shall be deposited in the Wildlife and Fish Fund in the State Treasury; $1 of such fee shall be deposited in the State Police Services Fund and $13 $3 of such fee shall be deposited in the Firearm Owner's Notification Fund. Monies in the Firearm Owner's Notification Fund shall be used exclusively to pay for the cost of sending notices of expiration of Firearm Owner's Identification Cards under Section 13.2 of this Act. Excess monies in the Firearm Owner's Notification Fund shall be used to ensure the prompt and efficient processing of applications received under Section 4 of this Act. $10 of each fee derived from the issuance of Firearm Owner's Identification Cards, or renewals thereof, shall be deposited in the Mental Health Services Improvement Fund, $10 of each fee shall be deposited in the Mental Health Screening and Public Safety Fund, and $10 of each fee shall be deposited in the NICS and LEADS Criminal Background Check Improvement Fund.

(Source: P.A. 95-581, eff. 6-1-08; 96-91, eff. 7-27-09.)".