99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5727
 
Introduced , by Rep. Luis Arroyo
 
SYNOPSIS AS INTRODUCED:



   
720 ILCS 5/24-3 from Ch. 38, par. 24-3
720 ILCS 5/24-3.1A new

 Amends the Criminal Code of 2012. Changes references in the statute on
unlawful sale of firearms from "sell"
or "give" to "transfer". Prohibits multiple sales of handguns within a 30-day
period. Creates the offense of unlawful acquisition of handguns.
Provides exemptions and affirmative defenses.
Penalty is a Class A misdemeanor for a first offense and a Class 4 felony for a
second or subsequent offense. Provides that notwithstanding any other rulemaking authority that may exist, neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any authority to make or adopt rules to implement or enforce the provisions of the amendatory Act.



LRB099 19373 RLC 43765 b


CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
 
 
A BILL FOR
 


HB5727LRB099 19373 RLC 43765 b



1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:


4 Section 5. The Criminal Code of 2012 is amended by changing 
5Section
24-3 and adding Section 24-3.1A
as follows:






6 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)


7 Sec. 24-3. Unlawful transfer sale or delivery of firearms. 

8 (A) A person commits the offense of unlawful transfer sale 
9or delivery of firearms when he
or she knowingly does any of 
10the following:

11  (a) Transfers or possesses with intent to transfer 
12 Sells or gives any firearm of a size which may be concealed 
13 upon the
person to any person he or she has reasonable 
14 cause to believe is under 18 years of age.

15  (b) Transfers or possesses with intent to transfer 
16 Sells or gives any firearm to a person under 21 years of 
17 age who has
been convicted of a misdemeanor other than a 
18 traffic offense or adjudged
delinquent.

19  (b-5) Transfers or possesses with intent to transfer 
20 any firearm to a
person he or she has reasonable cause to 
21 believe is under 18 years of age.
22  (c) Transfers or possesses with intent to transfer 
23 Sells or gives any firearm to any person he or she has 
 
 
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1 reasonable cause
to believe is a narcotic addict.

2  (d) Transfers or possesses with intent to transfer 
3 Sells or gives any firearm to any person he or she has 
4 reasonable cause
to believe who has been convicted of a

5 felony under the laws of this or any other jurisdiction.

6  (e) Transfers or possesses with intent to transfer 
7 Sells or gives any firearm to any person he or she has 
8 reasonable cause
to believe who has been a patient in a

9 mental institution within the past 5 years. In this 
10 subsection (e):
11   "Mental institution" means any hospital, 
12 institution, clinic, evaluation facility, mental 
13 health center, or part thereof, which is used primarily 
14 for the care or treatment of persons with mental 
15 illness. 
16   "Patient in a mental institution" means the person 
17 was admitted, either voluntarily or involuntarily, to 
18 a mental institution for mental health treatment, 
19 unless the treatment was voluntary and solely for an 
20 alcohol abuse disorder and no other secondary 
21 substance abuse disorder or mental illness.

22  (f) Transfers or possesses with intent to transfer 
23 Sells or gives any firearms to any person he or she knows 
24 or has
reasonable cause to believe who is a person with an 
25 intellectual disability.

26  (g) Knowingly transfers Delivers any firearm of a size 
 
 
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1 which may be concealed upon the
person, incidental to a 
2 sale, without withholding delivery of such firearm
for at 
3 least 72 hours after application for its purchase has been 
4 made, or
delivers any rifle, shotgun or other long gun, or 
5 a stun gun or taser, incidental to a sale,
without 
6 withholding delivery of such rifle, shotgun or other long 
7 gun, or a stun gun or taser for
at least 24 hours after 
8 application for its purchase has been made.
However,
this 
9 paragraph (g) does not apply to: (1) the sale of a firearm

10 to a law enforcement officer if the seller of the firearm 
11 knows that the person to whom he or she is selling the 
12 firearm is a law enforcement officer or the sale of a 
13 firearm to a person who desires to purchase a firearm for

14 use in promoting the public interest incident to his or her 
15 employment as a
bank guard, armed truck guard, or other 
16 similar employment; (2) a mail
order sale of a firearm from 
17 a federally licensed firearms dealer to a nonresident of 
18 Illinois under which the firearm
is mailed to a federally 
19 licensed firearms dealer outside the boundaries of 
20 Illinois; (3) the sale
of a firearm to a nonresident of 
21 Illinois while at a firearm showing or display
recognized 
22 by the Illinois Department of State Police; (4) the sale of 
23 a
firearm to a dealer licensed as a federal firearms dealer 
24 under Section 923
of the federal Gun Control Act of 1968 
25 (18 U.S.C. 923); or (5) the transfer or sale of any rifle, 
26 shotgun, or other long gun to a resident registered 
 
 
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1 competitor or attendee or non-resident registered 
2 competitor or attendee by any dealer licensed as a federal 
3 firearms dealer under Section 923 of the federal Gun 
4 Control Act of 1968 at competitive shooting events held at 
5 the World Shooting Complex sanctioned by a national 
6 governing body. For purposes of transfers or sales under 
7 subparagraph (5) of this paragraph (g), the Department of 
8 Natural Resources shall give notice to the Department of 
9 State Police at least 30 calendar days prior to any 
10 competitive shooting events at the World Shooting Complex 
11 sanctioned by a national governing body. The notification 
12 shall be made on a form prescribed by the Department of 
13 State Police. The sanctioning body shall provide a list of 
14 all registered competitors and attendees at least 24 hours 
15 before the events to the Department of State Police. Any 
16 changes to the list of registered competitors and attendees 
17 shall be forwarded to the Department of State Police as 
18 soon as practicable. The Department of State Police must 
19 destroy the list of registered competitors and attendees no 
20 later than 30 days after the date of the event. Nothing in 
21 this paragraph (g) relieves a federally licensed firearm 
22 dealer from the requirements of conducting a NICS 
23 background check through the Illinois Point of Contact 
24 under 18 U.S.C. 922(t). For purposes of this paragraph (g), 
25 "application" means when the buyer and seller reach an 
26 agreement to purchase a firearm.
For purposes of this 
 
 
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1 paragraph (g), "national governing body" means a group of 
2 persons who adopt rules and formulate policy on behalf of a 
3 national firearm sporting organization. 

4  (h) While holding any license
as a dealer,
importer, 
5 manufacturer or pawnbroker
under the federal Gun Control 
6 Act of 1968, knowingly
manufactures, sells or delivers to 
7 any unlicensed person a handgun having
a barrel, slide, 
8 frame or receiver which is a die casting of zinc alloy or

9 any other nonhomogeneous metal which will melt or deform at 
10 a temperature
of less than 800 degrees Fahrenheit. For 
11 purposes of this paragraph, (1)
"firearm" is defined as in 
12 the Firearm Owners Identification Card Act; and (2)

13 "handgun" is defined as a firearm designed to be held
and 
14 fired by the use of a single hand, and includes a 
15 combination of parts from
which such a firearm can be 
16 assembled.

17  (i) Transfers or possesses with intent to transfer 
18 Sells or gives a firearm of any size to any person he or 
19 she knows or has reasonable cause
to believe is under 18 
20 years of
age who does not possess a valid Firearm Owner's 
21 Identification Card.

22  (i-5) While holding a license under the Federal Gun 
23 Control Act of 1968,
transfers or possesses with intent to 
24 transfer more than one handgun
to any person within any 
25 30-day period or transfers or possesses with intent to

26 transfer a handgun
to any person he or she knows or has 
 
 
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1 reasonable cause to
believe has received a handgun within 
2 the previous 30 days
unless the receipt of multiple 
3 handguns is exempted under subsection (c) or
(d) of Section 
4 24-3.1A. It is an affirmative defense to a violation of 
5 this
subsection that the transferor in good faith relied on 
6 the records of the
Department of State Police in concluding 
7 that the transferor had not
transferred a
handgun within 
8 the previous 30 days or that multiple purchases were 
9 authorized
by subsection (b) of Section 24-3.1A, or relied 
10 in good faith on the records of
a local law enforcement 
11 agency that the transfer was authorized by subsection
(c)

12 of Section 24-3.1A.
13  (j) Transfers or possesses with intent to transfer 
14 Sells or gives a firearm while engaged in the business of 
15 selling
firearms at wholesale or retail without being 
16 licensed as a federal firearms
dealer under Section 923 of 
17 the federal Gun Control Act of 1968 (18 U.S.C.
923). In 
18 this paragraph (j):

19  A person "engaged in the business" means a person who 
20 devotes time,
attention, and
labor to
engaging in the 
21 activity as a regular course of trade or business with the

22 principal objective of livelihood and profit, but does not 
23 include a person who
makes occasional repairs of firearms 
24 or who occasionally fits special barrels,
stocks, or 
25 trigger mechanisms to firearms.

26  "With the principal objective of livelihood and 
 
 
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1 profit" means that the
intent
underlying the sale or 
2 disposition of firearms is predominantly one of
obtaining 
3 livelihood and pecuniary gain, as opposed to other intents, 
4 such as
improving or liquidating a personal firearms 
5 collection; however, proof of
profit shall not be required 
6 as to a person who engages in the regular and
repetitive 
7 purchase and disposition of firearms for criminal purposes 
8 or
terrorism.

9  (k) Transfers Sells or transfers ownership of a firearm 
10 to a person who does not display to the seller or 
11 transferor of the firearm either: (1) a currently valid 
12 Firearm Owner's Identification Card that has previously 
13 been issued in the transferee's name by the Department of 
14 State Police under the provisions of the Firearm Owners 
15 Identification Card Act; or (2) a currently valid license 
16 to carry a concealed firearm that has previously been 
17 issued in the transferee's name by the
Department of State 
18 Police under the Firearm Concealed Carry Act. This 
19 paragraph (k) does not apply to the transfer of a firearm 
20 to a person who is exempt from the requirement of 
21 possessing a Firearm Owner's Identification Card under 
22 Section 2 of the Firearm Owners Identification Card Act. 
23 For the purposes of this Section, a currently valid Firearm 
24 Owner's Identification Card means (i) a Firearm Owner's 
25 Identification Card that has not expired or (ii) an 
26 approval number issued in accordance with subsection 
 
 
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1 (a-10) of subsection 3 or Section 3.1 of the Firearm Owners 
2 Identification Card Act shall be proof that the Firearm 
3 Owner's Identification Card was valid.
4   (1) In addition to the other requirements of this 
5 paragraph (k), all persons who are not federally 
6 licensed firearms dealers must also have complied with 
7 subsection (a-10) of Section 3 of the Firearm Owners 
8 Identification Card Act by determining the validity of 
9 a purchaser's Firearm Owner's Identification Card.
10   (2) All sellers or transferors who have complied 
11 with the requirements of subparagraph (1) of this 
12 paragraph (k) shall not be liable for damages in any 
13 civil action arising from the use or misuse by the 
14 transferee of the firearm transferred, except for 
15 willful or wanton misconduct on the part of the seller 
16 or transferor. 
17  (l) Not
being entitled to the possession of a firearm, 
18 delivers the
firearm, knowing it to have been stolen or 
19 converted. It may be inferred that
a person who possesses a 
20 firearm with knowledge that its serial number has
been 
21 removed or altered has knowledge that the firearm is stolen 
22 or converted. 
23 (B) Paragraph (h) of subsection (A) does not include 
24firearms sold within 6
months after enactment of Public
Act 
2578-355 (approved August 21, 1973, effective October 1, 1973), 
26nor is any
firearm legally owned or
possessed by any citizen or 
 
 
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1purchased by any citizen within 6 months after the
enactment of 
2Public Act 78-355 subject
to confiscation or seizure under the 
3provisions of that Public Act. Nothing in
Public Act 78-355 
4shall be construed to prohibit the gift or trade of
any firearm 
5if that firearm was legally held or acquired within 6 months 
6after
the enactment of that Public Act.

7 (B-5) As used in this Section, "transfer" means the actual 
8or attempted
transfer of a firearm or firearm
ammunition, with 
9or without consideration, but does not include the lease of a

10firearm, or the provision of ammunition specifically for that 
11firearm, if the
firearm and the ammunition are to be used on 
12the lessor's premises, and does
not include any transfer of 
13possession when the transferor maintains
supervision and 
14control over the firearm or ammunition.
15 (B-10) It is an affirmative defense to a violation of

16paragraph (i-5) of subsection (A) that the transfer or

17possession with intent to transfer of a firearm
was
to a 
18transferee who received
the
firearm as an heir, legatee, or 
19beneficiary of or in a similar capacity to a
deceased
person 
20who had owned the firearm. Nothing in this paragraph (B-10) 
21makes
lawful any transfer or possession with intent to transfer 
22of a firearm, or any
other
possession or use of a firearm, in 
23violation of any law, other than paragraph
(i-5) of subsection 
24(A), or in violation of any municipal or county
ordinance.
25 (C) Sentence.

26  (1) Any person convicted of unlawful sale or delivery 
 
 
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1 of firearms in violation of
paragraph (c), (e), (f), (g), 
2 or (h) of subsection (A) commits a Class
4
felony. A person 
3 convicted of a violation of subsection (i-5) of subsection 
4 (A) of
this Section commits
a Class A misdemeanor for a 
5 first offense and a Class 4 felony for a second or

6 subsequent offense.

7  (2) Any person convicted of unlawful transfer sale or 
8 delivery of firearms in violation of
paragraph (b), (b-5), 
9 or (i) of subsection (A) commits a Class 3 felony.

10  (3) Any person convicted of unlawful transfer sale or 
11 delivery of firearms in violation of
paragraph (a) of 
12 subsection (A) commits a Class 2 felony.

13  (4) Any person convicted of unlawful transfer sale or 
14 delivery of firearms in violation of
paragraph (a), (b), 
15 (b-5), or (i) of subsection (A) in any school, on the real

16 property comprising a school, within 1,000 feet of the real 
17 property comprising
a school, at a school related activity, 
18 or on or within 1,000 feet of any
conveyance owned, leased, 
19 or contracted by a school or school district to
transport 
20 students to or from school or a school related activity,

21 regardless of the time of day or time of year at which the 
22 offense
was committed, commits a Class 1 felony. Any person 
23 convicted of a second
or subsequent violation of unlawful 
24 transfer sale or delivery of firearms in violation of 
25 paragraph
(a), (b), (b-5), or (i) of subsection (A) in any 
26 school, on the real property
comprising a school, within 
 
 
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1 1,000 feet of the real property comprising a
school, at a 
2 school related activity, or on or within 1,000 feet of any

3 conveyance owned, leased, or contracted by a school or 
4 school district to
transport students to or from school or 
5 a school related activity,
regardless of the time of day or 
6 time of year at which the offense
was committed, commits a 
7 Class 1 felony for which the sentence shall be a
term of 
8 imprisonment of no less than 5 years and no more than 15 
9 years.

10  (5) Any person convicted of unlawful transfer sale or 
11 delivery of firearms in violation of
paragraph (a) or (i) 
12 of subsection (A) in residential property owned,
operated, 
13 or managed by a public housing agency or leased by a public 
14 housing
agency as part of a scattered site or mixed-income 
15 development, in a public
park, in a
courthouse, on 
16 residential property owned, operated, or managed by a 
17 public
housing agency or leased by a public housing agency 
18 as part of a scattered site
or mixed-income development, on 
19 the real property comprising any public park,
on the real

20 property comprising any courthouse, or on any public way 
21 within 1,000 feet
of the real property comprising any 
22 public park, courthouse, or residential
property owned, 
23 operated, or managed by a public housing agency or leased 
24 by a
public housing agency as part of a scattered site or 
25 mixed-income development
commits a
Class 2 felony.

26  (6) Any person convicted of unlawful transfer sale or 
 
 
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1 delivery of firearms in violation of
paragraph (j) of 
2 subsection (A) commits a Class A misdemeanor. A second or

3 subsequent violation is a Class 4 felony.
4  (7) Any person convicted of unlawful transfer sale or 
5 delivery of firearms in violation of paragraph (k) of 
6 subsection (A) commits a Class 4 felony, except that a 
7 violation of subparagraph (1) of paragraph (k) of 
8 subsection (A) shall not be punishable as a crime or petty 
9 offense. A third or subsequent conviction for a violation 
10 of paragraph (k) of subsection (A) is a Class 1 felony.


11  (8) A person 18 years of age or older convicted of 
12 unlawful transfer sale or delivery of firearms in violation 
13 of paragraph (a) or (i) of subsection (A), when the firearm 
14 that was sold or given to another person under 18 years of 
15 age was used in the commission of or attempt to commit a 
16 forcible felony, shall be fined or imprisoned, or both, not 
17 to exceed the maximum provided for the most serious 
18 forcible felony so committed or attempted by the person 
19 under 18 years of age who was sold or given the firearm. 
20  (9) Any person convicted of unlawful transfer sale or 
21 delivery of firearms in violation of
paragraph (d) of 
22 subsection (A) commits a Class 3 felony.
23  (10) Any person convicted of unlawful transfer sale or 
24 delivery of firearms in violation of paragraph (l) of 
25 subsection (A) commits a Class 2 felony if the delivery is 
26 of one firearm. Any person convicted of unlawful sale or 
 
 
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1 delivery of firearms in violation of paragraph (l) of 
2 subsection (A) commits a Class 1 felony if the delivery is 
3 of not less than 2 and not more than 5 firearms at the
same 
4 time or within a one year period. Any person convicted of 
5 unlawful transfer sale or delivery of firearms in violation 
6 of paragraph (l) of subsection (A) commits a Class X felony 
7 for which he or she shall be sentenced
to a term of 
8 imprisonment of not less than 6 years and not more than 30

9 years if the delivery is of not less than 6 and not more 
10 than 10 firearms at the
same time or within a 2 year 
11 period. Any person convicted of unlawful transfer sale or 
12 delivery of firearms in violation of paragraph (l) of 
13 subsection (A) commits a Class X felony for which he or she 
14 shall be sentenced
to a term of imprisonment of not less 
15 than 6 years and not more than 40
years if the delivery is 
16 of not less than 11 and not more than 20 firearms at the

17 same time or within a 3 year period. Any person convicted 
18 of unlawful transfer sale or delivery of firearms in 
19 violation of paragraph (l) of subsection (A) commits a 
20 Class X felony for which he or she shall be sentenced
to a 
21 term of imprisonment of not less than 6 years and not more 
22 than 50
years if the delivery is of not less than 21 and 
23 not more than 30 firearms at the
same time or within a 4 
24 year period. Any person convicted of unlawful transfer sale 
25 or delivery of firearms in violation of paragraph (l) of 
26 subsection (A) commits a Class X felony for which he or she 
 
 
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1 shall be sentenced
to a term of imprisonment of not less 
2 than 6 years and not more than 60
years if the delivery is 
3 of 31 or more firearms at the
same time or within a 5 year 
4 period. 
5 (D) For purposes of this Section:

6 "School" means a public or private elementary or secondary 
7school,
community college, college, or university.

8 "School related activity" means any sporting, social, 
9academic, or
other activity for which students' attendance or 
10participation is sponsored,
organized, or funded in whole or in 
11part by a school or school district.

12 (E) A prosecution for a violation of paragraph (k) of 
13subsection (A) of this Section may be commenced within 6 years 
14after the commission of the offense. A prosecution for a 
15violation of this Section other than paragraph (g) of 
16subsection (A) of this Section may be commenced within 5 years 
17after the commission of the offense defined in the particular 
18paragraph.

19(Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15; 
2099-143, eff. 7-27-15; revised 10-16-15.)



21 (720 ILCS 5/24-3.1A new)

22 Sec. 24-3.1A. Unlawful acquisition of handguns.

23 (a) Except as exempted in subsections (b) and (c), it is 
24unlawful for
any person other than a person holding a license 
25under the Federal Gun Control
Act of 1968, as amended, to 
 
 
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1acquire more than one handgun within any 30-day
period.

2 (b) Acquisitions in excess of one handgun within a 30-day 
3period may be
made upon
completion of an enhanced background 
4check, as described in this Section, by
special
application to 
5the Department of State Police listing the number and type of

6handguns
to be acquired and transferred for lawful business or 
7personal use, in a
collector
series, for collections, as a bulk 
8purchase from estate sales, and for similar
purposes.
The 
9application must be signed under oath by the applicant on forms 
10provided
by the
Department of State Police, must state the 
11purpose for the acquisition above
the
limit,
and must require 
12satisfactory proof of residency and identity. The
application 
13is
in addition to the firearms transfer report required by the 
14Bureau of Alcohol,
Tobacco, Firearms and Explosives (ATF).

15 Upon being satisfied that these requirements have been met, 
16the Department of
State
Police must forthwith issue to the 
17applicant a nontransferable certificate
that is
valid for 7 
18days from the date of issue. The certificate must be

19surrendered to
the transferor by the prospective transferee 
20before the consummation of the
transfer
and
must be kept on 
21file at the transferor's place of business for inspection as

22provided in Section 24-4.
Upon request of any local
law 
23enforcement agency, the Department of
State
Police may certify 
24the local law enforcement agency to serve as its agent to

25receive
applications and, upon authorization by the Department 
26of State Police, issue
certificates forthwith under this 
 
 
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1Section. Applications and
certificates issued
under this 
2Section must be maintained as records by the Department of 
3State
Police, and made available to local
law enforcement 
4agencies.

5 (c) This Section does not apply to:

6  (1) A law enforcement agency;

7  (2) State and local correctional agencies and 
8 departments;

9  (3) The acquisition of antique firearms as defined by 
10 paragraph (4) of
Section
1.1 of the Firearm Owners 
11 Identification Card Act; or

12  (4) A person whose handgun is stolen or irretrievably 
13 lost who deems it
essential that
the handgun be replaced 
14 immediately. The person may acquire another handgun,
even 
15 if the person has previously acquired a handgun within a 
16 30-day
period, if:
(i) the person provides the firearms 
17 transferor with a copy of the
official police
report or a 
18 summary of the official police report, on forms provided by 
19 the
Department of State
Police,
from the law enforcement 
20 agency that took the report of the lost or stolen
handgun;

21 (ii) the official police report or summary of the official 
22 police report
contains the name and
address of the
handgun 
23 owner, the description
and serial number
of the handgun, 
24 the location of the loss or
theft, the
date of the loss or 
25 theft, and the date the loss or theft was reported to the

26 law enforcement agency; and (iii) the date of the loss or 
 
 
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1 theft as reflected on
the
official police report or summary 
2 of the official police report occurred within
30 days of 
3 the
person's
attempt to replace the handgun. The firearms 
4 transferor must attach a copy of
the
official police report 
5 or summary of the official police report to the original

6 copy of the form
provided by the Department of State Police 
7 completed for the transaction,
retain it for the period

8 prescribed
by the Department of State Police, and forward a 
9 copy of the documents to the
Department of State Police. 
10 The documents must be maintained by the
Department of State 
11 Police and made available to local law enforcement

12 agencies.

13 (d) For the purposes of this Section, "acquisition" does 
14not include the
exchange or
replacement of a handgun by a 
15transferor for a handgun transferred from the
transferor
by the

16same person seeking the exchange or replacement within the 
1730-day period
immediately preceding the date of exchange or 
18replacement.

19 (e) The exemptions set forth in subsections (b) and (c) are

20affirmative defenses to a violation of subsection (a).

21 (f) A violation of this Section is a Class A misdemeanor 
22for a first offense
and a Class 4 felony for a second or 
23subsequent offense.
24 (g) Notwithstanding any other rulemaking authority that 
25may exist, neither the Governor nor any agency or agency head 
26under the jurisdiction of the Governor has any authority to 
 
 
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1make or adopt rules to implement or enforce the provisions of 
2this amendatory Act of the 99th General Assembly. If, however, 
3the Governor believes that rules are necessary to implement or 
4enforce the provisions of this amendatory Act of the 99th 
5General Assembly, the Governor may suggest rules to the General 
6Assembly by filing them with the Clerk of the House and the 
7Secretary of the Senate and by requesting that the General 
8Assembly authorize the rulemaking by law, enact those suggested 
9rules into law, or take any other appropriate action in the 
10General Assembly's discretion. Nothing contained in this 
11amendatory Act of the 99th General Assembly shall be 
12interpreted to grant rulemaking authority under any other 
13Illinois statute if the authority is not otherwise explicitly 
14given. For the purposes of this subsection, "rules" is given 
15the meaning contained in Section 1-70 of the Illinois 
16Administrative Procedure Act, and "agency" and "agency head" 
17are given the meanings contained in Sections 1-20 and 1-25 of 
18the Illinois Administrative Procedure Act to the extent that 
19those definitions apply to agencies or agency heads under the 
20jurisdiction of the Governor.