101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2048

 

Introduced , by Rep. Charles Meier

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 100/5-45  from Ch. 127, par. 1005-45
430 ILCS 66/40
430 ILCS 66/60
520 ILCS 5/3.4b new

    Amends the Firearm Concealed Carry Act. Provides that notwithstanding whether the laws of the state or territory where the non-resident resides related to firearm ownership, possession, and carrying are substantially similar to the requirements to obtain a license under the Act, the Department of State Police shall, no later than 120 days after the effective date of the amendatory Act, allow for a non-resident license application if the applicant is an active duty member of the Armed Forces of the United States who is stationed in the State and lives in the State. Provides that a non-resident active duty member of the Armed Forces of the United States who is stationed in the State and lives in the State shall apply to the Department and must meet all of the qualifications under the Act and shall submit: (1) the application and documentation required and the applicable fee; (2) a photocopy of a valid military identification card or Official Proof of Service Letter; and (3) a photocopy of permanent change-of-station orders to an assignment in the State. Provides for emergency rulemaking to implement the amendatory Act. Establishes fees. Amends the Wildlife Code. Provides that persons licensed to possess a concealed firearm under the Firearm Concealed Carry Act and current or retired police officers authorized by law to possess a concealed firearm shall be exempt from the Code that prohibits possession of those firearms. Makes conforming changes to the Illinois Administrative Procedure Act. Effective immediately.


LRB101 05531 SLF 50547 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2048LRB101 05531 SLF 50547 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Administrative Procedure Act is
5amended by changing Section 5-45 as follows:
 
6    (5 ILCS 100/5-45)  (from Ch. 127, par. 1005-45)
7    Sec. 5-45. Emergency rulemaking.
8    (a) "Emergency" means the existence of any situation that
9any agency finds reasonably constitutes a threat to the public
10interest, safety, or welfare.
11    (b) If any agency finds that an emergency exists that
12requires adoption of a rule upon fewer days than is required by
13Section 5-40 and states in writing its reasons for that
14finding, the agency may adopt an emergency rule without prior
15notice or hearing upon filing a notice of emergency rulemaking
16with the Secretary of State under Section 5-70. The notice
17shall include the text of the emergency rule and shall be
18published in the Illinois Register. Consent orders or other
19court orders adopting settlements negotiated by an agency may
20be adopted under this Section. Subject to applicable
21constitutional or statutory provisions, an emergency rule
22becomes effective immediately upon filing under Section 5-65 or
23at a stated date less than 10 days thereafter. The agency's

 

 

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1finding and a statement of the specific reasons for the finding
2shall be filed with the rule. The agency shall take reasonable
3and appropriate measures to make emergency rules known to the
4persons who may be affected by them.
5    (c) An emergency rule may be effective for a period of not
6longer than 150 days, but the agency's authority to adopt an
7identical rule under Section 5-40 is not precluded. No
8emergency rule may be adopted more than once in any 24-month
9period, except that this limitation on the number of emergency
10rules that may be adopted in a 24-month period does not apply
11to (i) emergency rules that make additions to and deletions
12from the Drug Manual under Section 5-5.16 of the Illinois
13Public Aid Code or the generic drug formulary under Section
143.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
15emergency rules adopted by the Pollution Control Board before
16July 1, 1997 to implement portions of the Livestock Management
17Facilities Act, (iii) emergency rules adopted by the Illinois
18Department of Public Health under subsections (a) through (i)
19of Section 2 of the Department of Public Health Act when
20necessary to protect the public's health, (iv) emergency rules
21adopted pursuant to subsection (n) of this Section, (v)
22emergency rules adopted pursuant to subsection (o) of this
23Section, or (vi) emergency rules adopted pursuant to subsection
24(c-5) of this Section. Two or more emergency rules having
25substantially the same purpose and effect shall be deemed to be
26a single rule for purposes of this Section.

 

 

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1    (c-5) To facilitate the maintenance of the program of group
2health benefits provided to annuitants, survivors, and retired
3employees under the State Employees Group Insurance Act of
41971, rules to alter the contributions to be paid by the State,
5annuitants, survivors, retired employees, or any combination
6of those entities, for that program of group health benefits,
7shall be adopted as emergency rules. The adoption of those
8rules shall be considered an emergency and necessary for the
9public interest, safety, and welfare.
10    (d) In order to provide for the expeditious and timely
11implementation of the State's fiscal year 1999 budget,
12emergency rules to implement any provision of Public Act 90-587
13or 90-588 or any other budget initiative for fiscal year 1999
14may be adopted in accordance with this Section by the agency
15charged with administering that provision or initiative,
16except that the 24-month limitation on the adoption of
17emergency rules and the provisions of Sections 5-115 and 5-125
18do not apply to rules adopted under this subsection (d). The
19adoption of emergency rules authorized by this subsection (d)
20shall be deemed to be necessary for the public interest,
21safety, and welfare.
22    (e) In order to provide for the expeditious and timely
23implementation of the State's fiscal year 2000 budget,
24emergency rules to implement any provision of Public Act 91-24
25or any other budget initiative for fiscal year 2000 may be
26adopted in accordance with this Section by the agency charged

 

 

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1with administering that provision or initiative, except that
2the 24-month limitation on the adoption of emergency rules and
3the provisions of Sections 5-115 and 5-125 do not apply to
4rules adopted under this subsection (e). The adoption of
5emergency rules authorized by this subsection (e) shall be
6deemed to be necessary for the public interest, safety, and
7welfare.
8    (f) In order to provide for the expeditious and timely
9implementation of the State's fiscal year 2001 budget,
10emergency rules to implement any provision of Public Act 91-712
11or any other budget initiative for fiscal year 2001 may be
12adopted in accordance with this Section by the agency charged
13with administering that provision or initiative, except that
14the 24-month limitation on the adoption of emergency rules and
15the provisions of Sections 5-115 and 5-125 do not apply to
16rules adopted under this subsection (f). The adoption of
17emergency rules authorized by this subsection (f) shall be
18deemed to be necessary for the public interest, safety, and
19welfare.
20    (g) In order to provide for the expeditious and timely
21implementation of the State's fiscal year 2002 budget,
22emergency rules to implement any provision of Public Act 92-10
23or any other budget initiative for fiscal year 2002 may be
24adopted in accordance with this Section by the agency charged
25with administering that provision or initiative, except that
26the 24-month limitation on the adoption of emergency rules and

 

 

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1the provisions of Sections 5-115 and 5-125 do not apply to
2rules adopted under this subsection (g). The adoption of
3emergency rules authorized by this subsection (g) shall be
4deemed to be necessary for the public interest, safety, and
5welfare.
6    (h) In order to provide for the expeditious and timely
7implementation of the State's fiscal year 2003 budget,
8emergency rules to implement any provision of Public Act 92-597
9or any other budget initiative for fiscal year 2003 may be
10adopted in accordance with this Section by the agency charged
11with administering that provision or initiative, except that
12the 24-month limitation on the adoption of emergency rules and
13the provisions of Sections 5-115 and 5-125 do not apply to
14rules adopted under this subsection (h). The adoption of
15emergency rules authorized by this subsection (h) shall be
16deemed to be necessary for the public interest, safety, and
17welfare.
18    (i) In order to provide for the expeditious and timely
19implementation of the State's fiscal year 2004 budget,
20emergency rules to implement any provision of Public Act 93-20
21or any other budget initiative for fiscal year 2004 may be
22adopted in accordance with this Section by the agency charged
23with administering that provision or initiative, except that
24the 24-month limitation on the adoption of emergency rules and
25the provisions of Sections 5-115 and 5-125 do not apply to
26rules adopted under this subsection (i). The adoption of

 

 

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1emergency rules authorized by this subsection (i) shall be
2deemed to be necessary for the public interest, safety, and
3welfare.
4    (j) In order to provide for the expeditious and timely
5implementation of the provisions of the State's fiscal year
62005 budget as provided under the Fiscal Year 2005 Budget
7Implementation (Human Services) Act, emergency rules to
8implement any provision of the Fiscal Year 2005 Budget
9Implementation (Human Services) Act may be adopted in
10accordance with this Section by the agency charged with
11administering that provision, except that the 24-month
12limitation on the adoption of emergency rules and the
13provisions of Sections 5-115 and 5-125 do not apply to rules
14adopted under this subsection (j). The Department of Public Aid
15may also adopt rules under this subsection (j) necessary to
16administer the Illinois Public Aid Code and the Children's
17Health Insurance Program Act. The adoption of emergency rules
18authorized by this subsection (j) shall be deemed to be
19necessary for the public interest, safety, and welfare.
20    (k) In order to provide for the expeditious and timely
21implementation of the provisions of the State's fiscal year
222006 budget, emergency rules to implement any provision of
23Public Act 94-48 or any other budget initiative for fiscal year
242006 may be adopted in accordance with this Section by the
25agency charged with administering that provision or
26initiative, except that the 24-month limitation on the adoption

 

 

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1of emergency rules and the provisions of Sections 5-115 and
25-125 do not apply to rules adopted under this subsection (k).
3The Department of Healthcare and Family Services may also adopt
4rules under this subsection (k) necessary to administer the
5Illinois Public Aid Code, the Senior Citizens and Persons with
6Disabilities Property Tax Relief Act, the Senior Citizens and
7Disabled Persons Prescription Drug Discount Program Act (now
8the Illinois Prescription Drug Discount Program Act), and the
9Children's Health Insurance Program Act. The adoption of
10emergency rules authorized by this subsection (k) shall be
11deemed to be necessary for the public interest, safety, and
12welfare.
13    (l) In order to provide for the expeditious and timely
14implementation of the provisions of the State's fiscal year
152007 budget, the Department of Healthcare and Family Services
16may adopt emergency rules during fiscal year 2007, including
17rules effective July 1, 2007, in accordance with this
18subsection to the extent necessary to administer the
19Department's responsibilities with respect to amendments to
20the State plans and Illinois waivers approved by the federal
21Centers for Medicare and Medicaid Services necessitated by the
22requirements of Title XIX and Title XXI of the federal Social
23Security Act. The adoption of emergency rules authorized by
24this subsection (l) shall be deemed to be necessary for the
25public interest, safety, and welfare.
26    (m) In order to provide for the expeditious and timely

 

 

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1implementation of the provisions of the State's fiscal year
22008 budget, the Department of Healthcare and Family Services
3may adopt emergency rules during fiscal year 2008, including
4rules effective July 1, 2008, in accordance with this
5subsection to the extent necessary to administer the
6Department's responsibilities with respect to amendments to
7the State plans and Illinois waivers approved by the federal
8Centers for Medicare and Medicaid Services necessitated by the
9requirements of Title XIX and Title XXI of the federal Social
10Security Act. The adoption of emergency rules authorized by
11this subsection (m) shall be deemed to be necessary for the
12public interest, safety, and welfare.
13    (n) In order to provide for the expeditious and timely
14implementation of the provisions of the State's fiscal year
152010 budget, emergency rules to implement any provision of
16Public Act 96-45 or any other budget initiative authorized by
17the 96th General Assembly for fiscal year 2010 may be adopted
18in accordance with this Section by the agency charged with
19administering that provision or initiative. The adoption of
20emergency rules authorized by this subsection (n) shall be
21deemed to be necessary for the public interest, safety, and
22welfare. The rulemaking authority granted in this subsection
23(n) shall apply only to rules promulgated during Fiscal Year
242010.
25    (o) In order to provide for the expeditious and timely
26implementation of the provisions of the State's fiscal year

 

 

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12011 budget, emergency rules to implement any provision of
2Public Act 96-958 or any other budget initiative authorized by
3the 96th General Assembly for fiscal year 2011 may be adopted
4in accordance with this Section by the agency charged with
5administering that provision or initiative. The adoption of
6emergency rules authorized by this subsection (o) is deemed to
7be necessary for the public interest, safety, and welfare. The
8rulemaking authority granted in this subsection (o) applies
9only to rules promulgated on or after July 1, 2010 (the
10effective date of Public Act 96-958) through June 30, 2011.
11    (p) In order to provide for the expeditious and timely
12implementation of the provisions of Public Act 97-689,
13emergency rules to implement any provision of Public Act 97-689
14may be adopted in accordance with this subsection (p) by the
15agency charged with administering that provision or
16initiative. The 150-day limitation of the effective period of
17emergency rules does not apply to rules adopted under this
18subsection (p), and the effective period may continue through
19June 30, 2013. The 24-month limitation on the adoption of
20emergency rules does not apply to rules adopted under this
21subsection (p). The adoption of emergency rules authorized by
22this subsection (p) is deemed to be necessary for the public
23interest, safety, and welfare.
24    (q) In order to provide for the expeditious and timely
25implementation of the provisions of Articles 7, 8, 9, 11, and
2612 of Public Act 98-104, emergency rules to implement any

 

 

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1provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
2may be adopted in accordance with this subsection (q) by the
3agency charged with administering that provision or
4initiative. The 24-month limitation on the adoption of
5emergency rules does not apply to rules adopted under this
6subsection (q). The adoption of emergency rules authorized by
7this subsection (q) is deemed to be necessary for the public
8interest, safety, and welfare.
9    (r) In order to provide for the expeditious and timely
10implementation of the provisions of Public Act 98-651,
11emergency rules to implement Public Act 98-651 may be adopted
12in accordance with this subsection (r) by the Department of
13Healthcare and Family Services. The 24-month limitation on the
14adoption of emergency rules does not apply to rules adopted
15under this subsection (r). The adoption of emergency rules
16authorized by this subsection (r) is deemed to be necessary for
17the public interest, safety, and welfare.
18    (s) In order to provide for the expeditious and timely
19implementation of the provisions of Sections 5-5b.1 and 5A-2 of
20the Illinois Public Aid Code, emergency rules to implement any
21provision of Section 5-5b.1 or Section 5A-2 of the Illinois
22Public Aid Code may be adopted in accordance with this
23subsection (s) by the Department of Healthcare and Family
24Services. The rulemaking authority granted in this subsection
25(s) shall apply only to those rules adopted prior to July 1,
262015. Notwithstanding any other provision of this Section, any

 

 

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1emergency rule adopted under this subsection (s) shall only
2apply to payments made for State fiscal year 2015. The adoption
3of emergency rules authorized by this subsection (s) is deemed
4to be necessary for the public interest, safety, and welfare.
5    (t) In order to provide for the expeditious and timely
6implementation of the provisions of Article II of Public Act
799-6, emergency rules to implement the changes made by Article
8II of Public Act 99-6 to the Emergency Telephone System Act may
9be adopted in accordance with this subsection (t) by the
10Department of State Police. The rulemaking authority granted in
11this subsection (t) shall apply only to those rules adopted
12prior to July 1, 2016. The 24-month limitation on the adoption
13of emergency rules does not apply to rules adopted under this
14subsection (t). The adoption of emergency rules authorized by
15this subsection (t) is deemed to be necessary for the public
16interest, safety, and welfare.
17    (u) In order to provide for the expeditious and timely
18implementation of the provisions of the Burn Victims Relief
19Act, emergency rules to implement any provision of the Act may
20be adopted in accordance with this subsection (u) by the
21Department of Insurance. The rulemaking authority granted in
22this subsection (u) shall apply only to those rules adopted
23prior to December 31, 2015. The adoption of emergency rules
24authorized by this subsection (u) is deemed to be necessary for
25the public interest, safety, and welfare.
26    (v) In order to provide for the expeditious and timely

 

 

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1implementation of the provisions of Public Act 99-516,
2emergency rules to implement Public Act 99-516 may be adopted
3in accordance with this subsection (v) by the Department of
4Healthcare and Family Services. The 24-month limitation on the
5adoption of emergency rules does not apply to rules adopted
6under this subsection (v). The adoption of emergency rules
7authorized by this subsection (v) is deemed to be necessary for
8the public interest, safety, and welfare.
9    (w) In order to provide for the expeditious and timely
10implementation of the provisions of Public Act 99-796,
11emergency rules to implement the changes made by Public Act
1299-796 may be adopted in accordance with this subsection (w) by
13the Adjutant General. The adoption of emergency rules
14authorized by this subsection (w) is deemed to be necessary for
15the public interest, safety, and welfare.
16    (x) In order to provide for the expeditious and timely
17implementation of the provisions of Public Act 99-906,
18emergency rules to implement subsection (i) of Section 16-115D,
19subsection (g) of Section 16-128A, and subsection (a) of
20Section 16-128B of the Public Utilities Act may be adopted in
21accordance with this subsection (x) by the Illinois Commerce
22Commission. The rulemaking authority granted in this
23subsection (x) shall apply only to those rules adopted within
24180 days after June 1, 2017 (the effective date of Public Act
2599-906). The adoption of emergency rules authorized by this
26subsection (x) is deemed to be necessary for the public

 

 

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1interest, safety, and welfare.
2    (y) In order to provide for the expeditious and timely
3implementation of the provisions of Public Act 100-23 this
4amendatory Act of the 100th General Assembly, emergency rules
5to implement the changes made by Public Act 100-23 this
6amendatory Act of the 100th General Assembly to Section 4.02 of
7the Illinois Act on the Aging, Sections 5.5.4 and 5-5.4i of the
8Illinois Public Aid Code, Section 55-30 of the Alcoholism and
9Other Drug Abuse and Dependency Act, and Sections 74 and 75 of
10the Mental Health and Developmental Disabilities
11Administrative Act may be adopted in accordance with this
12subsection (y) by the respective Department. The adoption of
13emergency rules authorized by this subsection (y) is deemed to
14be necessary for the public interest, safety, and welfare.
15    (z) In order to provide for the expeditious and timely
16implementation of the provisions of Public Act 100-554 this
17amendatory Act of the 100th General Assembly, emergency rules
18to implement the changes made by Public Act 100-554 this
19amendatory Act of the 100th General Assembly to Section 4.7 of
20the Lobbyist Registration Act may be adopted in accordance with
21this subsection (z) by the Secretary of State. The adoption of
22emergency rules authorized by this subsection (z) is deemed to
23be necessary for the public interest, safety, and welfare.
24    (aa) In order to provide for the expeditious and timely
25initial implementation of the changes made to Articles 5, 5A,
2612, and 14 of the Illinois Public Aid Code under the provisions

 

 

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1of Public Act 100-581 this amendatory Act of the 100th General
2Assembly, the Department of Healthcare and Family Services may
3adopt emergency rules in accordance with this subsection (aa).
4The 24-month limitation on the adoption of emergency rules does
5not apply to rules to initially implement the changes made to
6Articles 5, 5A, 12, and 14 of the Illinois Public Aid Code
7adopted under this subsection (aa). The adoption of emergency
8rules authorized by this subsection (aa) is deemed to be
9necessary for the public interest, safety, and welfare.
10    (bb) In order to provide for the expeditious and timely
11implementation of the provisions of Public Act 100-587 this
12amendatory Act of the 100th General Assembly, emergency rules
13to implement the changes made by Public Act 100-587 this
14amendatory Act of the 100th General Assembly to Section 4.02 of
15the Illinois Act on the Aging, Sections 5.5.4 and 5-5.4i of the
16Illinois Public Aid Code, subsection (b) of Section 55-30 of
17the Alcoholism and Other Drug Abuse and Dependency Act, Section
185-104 of the Specialized Mental Health Rehabilitation Act of
192013, and Section 75 and subsection (b) of Section 74 of the
20Mental Health and Developmental Disabilities Administrative
21Act may be adopted in accordance with this subsection (bb) by
22the respective Department. The adoption of emergency rules
23authorized by this subsection (bb) is deemed to be necessary
24for the public interest, safety, and welfare.
25    (cc) (bb) In order to provide for the expeditious and
26timely implementation of the provisions of Public Act 100-587

 

 

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1this amendatory Act of the 100th General Assembly, emergency
2rules may be adopted in accordance with this subsection (cc)
3(bb) to implement the changes made by Public Act 100-587 this
4amendatory Act of the 100th General Assembly to: Sections
514-147.5 and 14-147.6 of the Illinois Pension Code by the Board
6created under Article 14 of the Code; Sections 15-185.5 and
715-185.6 of the Illinois Pension Code by the Board created
8under Article 15 of the Code; and Sections 16-190.5 and
916-190.6 of the Illinois Pension Code by the Board created
10under Article 16 of the Code. The adoption of emergency rules
11authorized by this subsection (cc) (bb) is deemed to be
12necessary for the public interest, safety, and welfare.
13    (dd) (aa) In order to provide for the expeditious and
14timely implementation of the provisions of Public Act 100-864
15this amendatory Act of the 100th General Assembly, emergency
16rules to implement the changes made by Public Act 100-864 this
17amendatory Act of the 100th General Assembly to Section 3.35 of
18the Newborn Metabolic Screening Act may be adopted in
19accordance with this subsection (dd) (aa) by the Secretary of
20State. The adoption of emergency rules authorized by this
21subsection (dd) (aa) is deemed to be necessary for the public
22interest, safety, and welfare.
23    (ee) In order to provide for the expeditious and timely
24implementation of the provisions of this amendatory Act of the
25101st General Assembly, emergency rules to implement the
26changes made by this amendatory Act of the 101st General

 

 

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1Assembly to Section 40 of the Firearm Concealed Carry Act may
2be adopted in accordance with this subsection (ee) by the
3Secretary of State. The adoption of emergency rules authorized
4by this subsection (ee) is deemed to be necessary for the
5public interest, safety, and welfare.
6(Source: P.A. 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; 99-143,
7eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff. 6-30-16;
899-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906, eff. 6-1-17;
9100-23, eff. 7-6-17; 100-554, eff. 11-16-17; 100-581, eff.
103-12-18; 100-587, Article 95, Section 95-5, eff. 6-4-18;
11100-587, Article 110, Section 110-5, eff. 6-4-18; 100-864, eff.
128-14-18; revised 10-18-18.)
 
13    Section 10. The Firearm Concealed Carry Act is amended by
14changing Sections 40 and 60 as follows:
 
15    (430 ILCS 66/40)
16    Sec. 40. Non-resident license applications.
17    (a) For the purposes of this Section, "non-resident" means
18a person who has not resided within this State for more than 30
19days and resides in another state or territory.
20    (b) The Department shall by rule allow for non-resident
21license applications from any state or territory of the United
22States with laws related to firearm ownership, possession, and
23carrying, that are substantially similar to the requirements to
24obtain a license under this Act.

 

 

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1    (c) A resident of a state or territory approved by the
2Department under subsection (b) of this Section may apply for a
3non-resident license. The applicant shall apply to the
4Department and must meet all of the qualifications established
5in Section 25 of this Act, except for the Illinois residency
6requirement in item (xiv) of paragraph (2) of subsection (a) of
7Section 4 of the Firearm Owners Identification Card Act. The
8applicant shall submit:
9        (1) the application and documentation required under
10    Section 30 of this Act and the applicable fee;
11        (2) a notarized document stating that the applicant:
12            (A) is eligible under federal law and the laws of
13        his or her state or territory of residence to own or
14        possess a firearm;
15            (B) if applicable, has a license or permit to carry
16        a firearm or concealed firearm issued by his or her
17        state or territory of residence and attach a copy of
18        the license or permit to the application;
19            (C) understands Illinois laws pertaining to the
20        possession and transport of firearms; and
21            (D) acknowledges that the applicant is subject to
22        the jurisdiction of the Department and Illinois courts
23        for any violation of this Act;
24        (3) a photocopy of any certificates or other evidence
25    of compliance with the training requirements under Section
26    75 of this Act; and

 

 

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1        (4) a head and shoulder color photograph in a size
2    specified by the Department taken within the 30 days
3    preceding the date of the application.
4    (d) In lieu of an Illinois driver's license or Illinois
5identification card, a non-resident applicant shall provide
6similar documentation from his or her state or territory of
7residence. In lieu of a valid Firearm Owner's Identification
8Card, the applicant shall submit documentation and information
9required by the Department to obtain a Firearm Owner's
10Identification Card, including an affidavit that the
11non-resident meets the mental health standards to obtain a
12firearm under Illinois law, and the Department shall ensure
13that the applicant would meet the eligibility criteria to
14obtain a Firearm Owner's Identification card if he or she was a
15resident of this State.
16    (e) Nothing in this Act shall prohibit a non-resident from
17transporting a concealed firearm within his or her vehicle in
18Illinois, if the concealed firearm remains within his or her
19vehicle and the non-resident:
20        (1) is not prohibited from owning or possessing a
21    firearm under federal law;
22        (2) is eligible to carry a firearm in public under the
23    laws of his or her state or territory of residence, as
24    evidenced by the possession of a concealed carry license or
25    permit issued by his or her state of residence, if
26    applicable; and

 

 

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1        (3) is not in possession of a license under this Act.
2    If the non-resident leaves his or her vehicle unattended,
3he or she shall store the firearm within a locked vehicle or
4locked container within the vehicle in accordance with
5subsection (b) of Section 65 of this Act.
6    (f) Notwithstanding whether the laws of the state or
7territory where the non-resident resides related to firearm
8ownership, possession, and carrying are substantially similar
9to the requirements to obtain a license under this Act, the
10Department shall, no later than 120 days after the effective
11date of this amendatory Act of the 101st General Assembly,
12allow for a non-resident license application if the applicant
13is an active duty member of the Armed Forces of the United
14States who is stationed in this State and lives in this State.
15A non-resident active duty member of the Armed Forces of the
16United States who is stationed in this State and lives in this
17State shall apply to the Department and must meet all of the
18qualifications established in Section 25 and shall submit:
19        (1) the application and documentation required under
20    subsection (b) of Section 30 and the applicable fee;
21        (2) a photocopy of a valid military identification card
22    or Official Proof of Service Letter; and
23        (3) a photocopy of permanent change-of-station orders
24    to an assignment in this State.
25    In lieu of an Illinois driver's license or Illinois
26identification card, a non-resident applicant under this

 

 

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1subsection (f) shall provide similar documentation from his or
2her state or territory of residence. A non-resident licensee
3approved under this subsection (f) shall notify the Department
430 days following a permanent change of station move to an
5assignment outside of this State and shall surrender his or her
6license to the Department. A license issued under this
7subsection (f) shall expire on the earlier date of: (i) 5 years
8from the date of issuance; or (ii) the date the licensee's
9assignment in this State terminates. The Department may adopt
10rules necessary to implement this amendatory Act of the 101st
11General Assembly through the use of emergency rulemaking in
12accordance with Section 5-45 of the Illinois Administrative
13Procedure Act for a period not to exceed 180 days after the
14effective date of this amendatory Act of the 101st General
15Assembly.
16(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78,
17eff. 7-20-15.)
 
18    (430 ILCS 66/60)
19    Sec. 60. Fees.
20    (a) All fees collected under this Act shall be deposited as
21provided in this Section. Application, renewal, and
22replacement fees shall be non-refundable.
23    (b) An applicant for a new license or a renewal shall
24submit $150 with the application, of which $120 shall be
25apportioned to the State Police Firearm Services Fund, $20

 

 

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1shall be apportioned to the Mental Health Reporting Fund, and
2$10 shall be apportioned to the State Crime Laboratory Fund.
3    (c) A non-resident applicant for a new license or renewal
4shall submit $300 with the application, of which $250 shall be
5apportioned to the State Police Firearm Services Fund, $40
6shall be apportioned to the Mental Health Reporting Fund, and
7$10 shall be apportioned to the State Crime Laboratory Fund.
8    (d) A licensee requesting a new license in accordance with
9Section 55 shall submit $75, of which $60 shall be apportioned
10to the State Police Firearm Services Fund, $5 shall be
11apportioned to the Mental Health Reporting Fund, and $10 shall
12be apportioned to the State Crime Laboratory Fund.
13    (e) An applicant for a new license or a renewal who is a
14non-resident active duty member of the Armed Forces of the
15United States stationed in this State shall submit $150 with
16the application, of which $120 shall be apportioned to the
17State Police Firearm Services Fund, $20 shall be apportioned to
18the Mental Health Reporting Fund, and $10 shall be apportioned
19to the State Crime Laboratory Fund.
20(Source: P.A. 98-63, eff. 7-9-13.)
 
21    Section 15. The Wildlife Code is amended by adding Section
223.4b as follows:
 
23    (520 ILCS 5/3.4b new)
24    Sec. 3.4b. Exemption. Persons licensed to possess a

 

 

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1concealed firearm under the Firearm Concealed Carry Act and
2current or retired police officers authorized by law to possess
3a concealed firearm shall be exempt from provisions of this
4Code prohibiting possession of those firearms. However,
5nothing in this Section authorizes the use of those firearms
6except as authorized in the Firearm Concealed Carry Act, this
7Code, or other law.
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.