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.

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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning safety.

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

3 represented in the General Assembly:

4 Section 5. The Illinois Administrative Procedure Act is

5 amended 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

9 any agency finds reasonably constitutes a threat to the public

10 interest, safety, or welfare.

11 (b) If any agency finds that an emergency exists that

12 requires adoption of a rule upon fewer days than is required by

13 Section 5-40 and states in writing its reasons for that

14 finding, the agency may adopt an emergency rule without prior

15 notice or hearing upon filing a notice of emergency rulemaking

16 with the Secretary of State under Section 5-70. The notice

17 shall include the text of the emergency rule and shall be

18 published in the Illinois Register. Consent orders or other

19 court orders adopting settlements negotiated by an agency may

20 be adopted under this Section. Subject to applicable

21 constitutional or statutory provisions, an emergency rule

22 becomes effective immediately upon filing under Section 5-65 or

23 at a stated date less than 10 days thereafter. The agency's

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1 finding and a statement of the specific reasons for the finding

2 shall be filed with the rule. The agency shall take reasonable

3 and appropriate measures to make emergency rules known to the

4 persons who may be affected by them.

5 (c) An emergency rule may be effective for a period of not

6 longer than 150 days, but the agency's authority to adopt an

7 identical rule under Section 5-40 is not precluded. No

8 emergency rule may be adopted more than once in any 24-month

9 period, except that this limitation on the number of emergency

10 rules that may be adopted in a 24-month period does not apply

11 to (i) emergency rules that make additions to and deletions

12 from the Drug Manual under Section 5-5.16 of the Illinois

13 Public Aid Code or the generic drug formulary under Section

14 3.14 of the Illinois Food, Drug and Cosmetic Act, (ii)

15 emergency rules adopted by the Pollution Control Board before

16 July 1, 1997 to implement portions of the Livestock Management

17 Facilities Act, (iii) emergency rules adopted by the Illinois

18 Department of Public Health under subsections (a) through (i)

19 of Section 2 of the Department of Public Health Act when

20 necessary to protect the public's health, (iv) emergency rules

21 adopted pursuant to subsection (n) of this Section, (v)

22 emergency rules adopted pursuant to subsection (o) of this

23 Section, or (vi) emergency rules adopted pursuant to subsection

24 (c-5) of this Section. Two or more emergency rules having

25 substantially the same purpose and effect shall be deemed to be

26 a single rule for purposes of this Section.

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1 (c-5) To facilitate the maintenance of the program of group

2 health benefits provided to annuitants, survivors, and retired

3 employees under the State Employees Group Insurance Act of

4 1971, rules to alter the contributions to be paid by the State,

5 annuitants, survivors, retired employees, or any combination

6 of those entities, for that program of group health benefits,

7 shall be adopted as emergency rules. The adoption of those

8 rules shall be considered an emergency and necessary for the

9 public interest, safety, and welfare.

10 (d) In order to provide for the expeditious and timely

11 implementation of the State's fiscal year 1999 budget,

12 emergency rules to implement any provision of Public Act 90-587

13 or 90-588 or any other budget initiative for fiscal year 1999

14 may be adopted in accordance with this Section by the agency

15 charged with administering that provision or initiative,

16 except that the 24-month limitation on the adoption of

17 emergency rules and the provisions of Sections 5-115 and 5-125

18 do not apply to rules adopted under this subsection (d). The

19 adoption of emergency rules authorized by this subsection (d)

20 shall be deemed to be necessary for the public interest,

21 safety, and welfare.

22 (e) In order to provide for the expeditious and timely

23 implementation of the State's fiscal year 2000 budget,

24 emergency rules to implement any provision of Public Act 91-24

25 or any other budget initiative for fiscal year 2000 may be

26 adopted in accordance with this Section by the agency charged

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1 with administering that provision or initiative, except that

2 the 24-month limitation on the adoption of emergency rules and

3 the provisions of Sections 5-115 and 5-125 do not apply to

4 rules adopted under this subsection (e). The adoption of

5 emergency rules authorized by this subsection (e) shall be

6 deemed to be necessary for the public interest, safety, and

7 welfare.

8 (f) In order to provide for the expeditious and timely

9 implementation of the State's fiscal year 2001 budget,

10 emergency rules to implement any provision of Public Act 91-712

11 or any other budget initiative for fiscal year 2001 may be

12 adopted in accordance with this Section by the agency charged

13 with administering that provision or initiative, except that

14 the 24-month limitation on the adoption of emergency rules and

15 the provisions of Sections 5-115 and 5-125 do not apply to

16 rules adopted under this subsection (f). The adoption of

17 emergency rules authorized by this subsection (f) shall be

18 deemed to be necessary for the public interest, safety, and

19 welfare.

20 (g) In order to provide for the expeditious and timely

21 implementation of the State's fiscal year 2002 budget,

22 emergency rules to implement any provision of Public Act 92-10

23 or any other budget initiative for fiscal year 2002 may be

24 adopted in accordance with this Section by the agency charged

25 with administering that provision or initiative, except that

26 the 24-month limitation on the adoption of emergency rules and

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1 the provisions of Sections 5-115 and 5-125 do not apply to

2 rules adopted under this subsection (g). The adoption of

3 emergency rules authorized by this subsection (g) shall be

4 deemed to be necessary for the public interest, safety, and

5 welfare.

6 (h) In order to provide for the expeditious and timely

7 implementation of the State's fiscal year 2003 budget,

8 emergency rules to implement any provision of Public Act 92-597

9 or any other budget initiative for fiscal year 2003 may be

10 adopted in accordance with this Section by the agency charged

11 with administering that provision or initiative, except that

12 the 24-month limitation on the adoption of emergency rules and

13 the provisions of Sections 5-115 and 5-125 do not apply to

14 rules adopted under this subsection (h). The adoption of

15 emergency rules authorized by this subsection (h) shall be

16 deemed to be necessary for the public interest, safety, and

17 welfare.

18 (i) In order to provide for the expeditious and timely

19 implementation of the State's fiscal year 2004 budget,

20 emergency rules to implement any provision of Public Act 93-20

21 or any other budget initiative for fiscal year 2004 may be

22 adopted in accordance with this Section by the agency charged

23 with administering that provision or initiative, except that

24 the 24-month limitation on the adoption of emergency rules and

25 the provisions of Sections 5-115 and 5-125 do not apply to

26 rules adopted under this subsection (i). The adoption of

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1 emergency rules authorized by this subsection (i) shall be

2 deemed to be necessary for the public interest, safety, and

3 welfare.

4 (j) In order to provide for the expeditious and timely

5 implementation of the provisions of the State's fiscal year

6 2005 budget as provided under the Fiscal Year 2005 Budget

7 Implementation (Human Services) Act, emergency rules to

8 implement any provision of the Fiscal Year 2005 Budget

9 Implementation (Human Services) Act may be adopted in

10 accordance with this Section by the agency charged with

11 administering that provision, except that the 24-month

12 limitation on the adoption of emergency rules and the

13 provisions of Sections 5-115 and 5-125 do not apply to rules

14 adopted under this subsection (j). The Department of Public Aid

15 may also adopt rules under this subsection (j) necessary to

16 administer the Illinois Public Aid Code and the Children's

17 Health Insurance Program Act. The adoption of emergency rules

18 authorized by this subsection (j) shall be deemed to be

19 necessary for the public interest, safety, and welfare.

20 (k) In order to provide for the expeditious and timely

21 implementation of the provisions of the State's fiscal year

22 2006 budget, emergency rules to implement any provision of

23 Public Act 94-48 or any other budget initiative for fiscal year

24 2006 may be adopted in accordance with this Section by the

25 agency charged with administering that provision or

26 initiative, except that the 24-month limitation on the adoption

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1 of emergency rules and the provisions of Sections 5-115 and

2 5-125 do not apply to rules adopted under this subsection (k).

3 The Department of Healthcare and Family Services may also adopt

4 rules under this subsection (k) necessary to administer the

5 Illinois Public Aid Code, the Senior Citizens and Persons with

6 Disabilities Property Tax Relief Act, the Senior Citizens and

7 Disabled Persons Prescription Drug Discount Program Act (now

8 the Illinois Prescription Drug Discount Program Act), and the

9 Children's Health Insurance Program Act. The adoption of

10 emergency rules authorized by this subsection (k) shall be

11 deemed to be necessary for the public interest, safety, and

12 welfare.

13 (l) In order to provide for the expeditious and timely

14 implementation of the provisions of the State's fiscal year

15 2007 budget, the Department of Healthcare and Family Services

16 may adopt emergency rules during fiscal year 2007, including

17 rules effective July 1, 2007, in accordance with this

18 subsection to the extent necessary to administer the

19 Department's responsibilities with respect to amendments to

20 the State plans and Illinois waivers approved by the federal

21 Centers for Medicare and Medicaid Services necessitated by the

22 requirements of Title XIX and Title XXI of the federal Social

23 Security Act. The adoption of emergency rules authorized by

24 this subsection (l) shall be deemed to be necessary for the

25 public interest, safety, and welfare.

26 (m) In order to provide for the expeditious and timely

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1 implementation of the provisions of the State's fiscal year

2 2008 budget, the Department of Healthcare and Family Services

3 may adopt emergency rules during fiscal year 2008, including

4 rules effective July 1, 2008, in accordance with this

5 subsection to the extent necessary to administer the

6 Department's responsibilities with respect to amendments to

7 the State plans and Illinois waivers approved by the federal

8 Centers for Medicare and Medicaid Services necessitated by the

9 requirements of Title XIX and Title XXI of the federal Social

10 Security Act. The adoption of emergency rules authorized by

11 this subsection (m) shall be deemed to be necessary for the

12 public interest, safety, and welfare.

13 (n) In order to provide for the expeditious and timely

14 implementation of the provisions of the State's fiscal year

15 2010 budget, emergency rules to implement any provision of

16 Public Act 96-45 or any other budget initiative authorized by

17 the 96th General Assembly for fiscal year 2010 may be adopted

18 in accordance with this Section by the agency charged with

19 administering that provision or initiative. The adoption of

20 emergency rules authorized by this subsection (n) shall be

21 deemed to be necessary for the public interest, safety, and

22 welfare. The rulemaking authority granted in this subsection

23 (n) shall apply only to rules promulgated during Fiscal Year

24 2010.

25 (o) In order to provide for the expeditious and timely

26 implementation of the provisions of the State's fiscal year

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1 2011 budget, emergency rules to implement any provision of

2 Public Act 96-958 or any other budget initiative authorized by

3 the 96th General Assembly for fiscal year 2011 may be adopted

4 in accordance with this Section by the agency charged with

5 administering that provision or initiative. The adoption of

6 emergency rules authorized by this subsection (o) is deemed to

7 be necessary for the public interest, safety, and welfare. The

8 rulemaking authority granted in this subsection (o) applies

9 only to rules promulgated on or after July 1, 2010 (the

10 effective date of Public Act 96-958) through June 30, 2011.

11 (p) In order to provide for the expeditious and timely

12 implementation of the provisions of Public Act 97-689,

13 emergency rules to implement any provision of Public Act 97-689

14 may be adopted in accordance with this subsection (p) by the

15 agency charged with administering that provision or

16 initiative. The 150-day limitation of the effective period of

17 emergency rules does not apply to rules adopted under this

18 subsection (p), and the effective period may continue through

19 June 30, 2013. The 24-month limitation on the adoption of

20 emergency rules does not apply to rules adopted under this

21 subsection (p). The adoption of emergency rules authorized by

22 this subsection (p) is deemed to be necessary for the public

23 interest, safety, and welfare.

24 (q) In order to provide for the expeditious and timely

25 implementation of the provisions of Articles 7, 8, 9, 11, and

26 12 of Public Act 98-104, emergency rules to implement any

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1 provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104

2 may be adopted in accordance with this subsection (q) by the

3 agency charged with administering that provision or

4 initiative. The 24-month limitation on the adoption of

5 emergency rules does not apply to rules adopted under this

6 subsection (q). The adoption of emergency rules authorized by

7 this subsection (q) is deemed to be necessary for the public

8 interest, safety, and welfare.

9 (r) In order to provide for the expeditious and timely

10 implementation of the provisions of Public Act 98-651,

11 emergency rules to implement Public Act 98-651 may be adopted

12 in accordance with this subsection (r) by the Department of

13 Healthcare and Family Services. The 24-month limitation on the

14 adoption of emergency rules does not apply to rules adopted

15 under this subsection (r). The adoption of emergency rules

16 authorized by this subsection (r) is deemed to be necessary for

17 the public interest, safety, and welfare.

18 (s) In order to provide for the expeditious and timely

19 implementation of the provisions of Sections 5-5b.1 and 5A-2 of

20 the Illinois Public Aid Code, emergency rules to implement any

21 provision of Section 5-5b.1 or Section 5A-2 of the Illinois

22 Public Aid Code may be adopted in accordance with this

23 subsection (s) by the Department of Healthcare and Family

24 Services. The rulemaking authority granted in this subsection

25 (s) shall apply only to those rules adopted prior to July 1,

26 2015. Notwithstanding any other provision of this Section, any

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1 emergency rule adopted under this subsection (s) shall only

2 apply to payments made for State fiscal year 2015. The adoption

3 of emergency rules authorized by this subsection (s) is deemed

4 to be necessary for the public interest, safety, and welfare.

5 (t) In order to provide for the expeditious and timely

6 implementation of the provisions of Article II of Public Act

7 99-6, emergency rules to implement the changes made by Article

8 II of Public Act 99-6 to the Emergency Telephone System Act may

9 be adopted in accordance with this subsection (t) by the

10 Department of State Police. The rulemaking authority granted in

11 this subsection (t) shall apply only to those rules adopted

12 prior to July 1, 2016. The 24-month limitation on the adoption

13 of emergency rules does not apply to rules adopted under this

14 subsection (t). The adoption of emergency rules authorized by

15 this subsection (t) is deemed to be necessary for the public

16 interest, safety, and welfare.

17 (u) In order to provide for the expeditious and timely

18 implementation of the provisions of the Burn Victims Relief

19 Act, emergency rules to implement any provision of the Act may

20 be adopted in accordance with this subsection (u) by the

21 Department of Insurance. The rulemaking authority granted in

22 this subsection (u) shall apply only to those rules adopted

23 prior to December 31, 2015. The adoption of emergency rules

24 authorized by this subsection (u) is deemed to be necessary for

25 the public interest, safety, and welfare.

26 (v) In order to provide for the expeditious and timely

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1 implementation of the provisions of Public Act 99-516,

2 emergency rules to implement Public Act 99-516 may be adopted

3 in accordance with this subsection (v) by the Department of

4 Healthcare and Family Services. The 24-month limitation on the

5 adoption of emergency rules does not apply to rules adopted

6 under this subsection (v). The adoption of emergency rules

7 authorized by this subsection (v) is deemed to be necessary for

8 the public interest, safety, and welfare.

9 (w) In order to provide for the expeditious and timely

10 implementation of the provisions of Public Act 99-796,

11 emergency rules to implement the changes made by Public Act

12 99-796 may be adopted in accordance with this subsection (w) by

13 the Adjutant General. The adoption of emergency rules

14 authorized by this subsection (w) is deemed to be necessary for

15 the public interest, safety, and welfare.

16 (x) In order to provide for the expeditious and timely

17 implementation of the provisions of Public Act 99-906,

18 emergency rules to implement subsection (i) of Section 16-115D,

19 subsection (g) of Section 16-128A, and subsection (a) of

20 Section 16-128B of the Public Utilities Act may be adopted in

21 accordance with this subsection (x) by the Illinois Commerce

22 Commission. The rulemaking authority granted in this

23 subsection (x) shall apply only to those rules adopted within

24 180 days after June 1, 2017 (the effective date of Public Act

25 99-906). The adoption of emergency rules authorized by this

26 subsection (x) is deemed to be necessary for the public

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1 interest, safety, and welfare.

2 (y) In order to provide for the expeditious and timely

3 implementation of the provisions of Public Act 100-23 ~~this~~

4 ~~amendatory Act of the 100th General Assembly~~, emergency rules

5 to implement the changes made by Public Act 100-23 ~~this~~

6 ~~amendatory Act of the 100th General Assembly~~ to Section 4.02 of

7 the Illinois Act on the Aging, Sections 5.5.4 and 5-5.4i of the

8 Illinois Public Aid Code, Section 55-30 of the Alcoholism and

9 Other Drug Abuse and Dependency Act, and Sections 74 and 75 of

10 the Mental Health and Developmental Disabilities

11 Administrative Act may be adopted in accordance with this

12 subsection (y) by the respective Department. The adoption of

13 emergency rules authorized by this subsection (y) is deemed to

14 be necessary for the public interest, safety, and welfare.

15 (z) In order to provide for the expeditious and timely

16 implementation of the provisions of Public Act 100-554 ~~this~~

17 ~~amendatory Act of the 100th General Assembly~~, emergency rules

18 to implement the changes made by Public Act 100-554 ~~this~~

19 ~~amendatory Act of the 100th General Assembly~~ to Section 4.7 of

20 the Lobbyist Registration Act may be adopted in accordance with

21 this subsection (z) by the Secretary of State. The adoption of

22 emergency rules authorized by this subsection (z) is deemed to

23 be necessary for the public interest, safety, and welfare.

24 (aa) In order to provide for the expeditious and timely

25 initial implementation of the changes made to Articles 5, 5A,

26 12, and 14 of the Illinois Public Aid Code under the provisions

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1 of Public Act 100-581 ~~this amendatory Act of the 100th General~~

2 ~~Assembly~~, the Department of Healthcare and Family Services may

3 adopt emergency rules in accordance with this subsection (aa).

4 The 24-month limitation on the adoption of emergency rules does

5 not apply to rules to initially implement the changes made to

6 Articles 5, 5A, 12, and 14 of the Illinois Public Aid Code

7 adopted under this subsection (aa). The adoption of emergency

8 rules authorized by this subsection (aa) is deemed to be

9 necessary for the public interest, safety, and welfare.

10 (bb) In order to provide for the expeditious and timely

11 implementation of the provisions of Public Act 100-587 ~~this~~

12 ~~amendatory Act of the 100th General Assembly~~, emergency rules

13 to implement the changes made by Public Act 100-587 ~~this~~

14 ~~amendatory Act of the 100th General Assembly~~ to Section 4.02 of

15 the Illinois Act on the Aging, Sections 5.5.4 and 5-5.4i of the

16 Illinois Public Aid Code, subsection (b) of Section 55-30 of

17 the Alcoholism and Other Drug Abuse and Dependency Act, Section

18 5-104 of the Specialized Mental Health Rehabilitation Act of

19 2013, and Section 75 and subsection (b) of Section 74 of the

20 Mental Health and Developmental Disabilities Administrative

21 Act may be adopted in accordance with this subsection (bb) by

22 the respective Department. The adoption of emergency rules

23 authorized by this subsection (bb) is deemed to be necessary

24 for the public interest, safety, and welfare.

25 (cc) ~~(bb)~~ In order to provide for the expeditious and

26 timely implementation of the provisions of Public Act 100-587

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1 ~~this amendatory Act of the 100th General Assembly~~, emergency

2 rules may be adopted in accordance with this subsection (cc)

3 ~~(bb)~~ to implement the changes made by Public Act 100-587 ~~this~~

4 ~~amendatory Act of the 100th General Assembly~~ to: Sections

5 14-147.5 and 14-147.6 of the Illinois Pension Code by the Board

6 created under Article 14 of the Code; Sections 15-185.5 and

7 15-185.6 of the Illinois Pension Code by the Board created

8 under Article 15 of the Code; and Sections 16-190.5 and

9 16-190.6 of the Illinois Pension Code by the Board created

10 under Article 16 of the Code. The adoption of emergency rules

11 authorized by this subsection (cc) ~~(bb)~~ is deemed to be

12 necessary for the public interest, safety, and welfare.

13 (dd) ~~(aa)~~ In order to provide for the expeditious and

14 timely implementation of the provisions of Public Act 100-864

15 ~~this amendatory Act of the 100th General Assembly~~, emergency

16 rules to implement the changes made by Public Act 100-864 ~~this~~

17 ~~amendatory Act of the 100th General Assembly~~ to Section 3.35 of

18 the Newborn Metabolic Screening Act may be adopted in

19 accordance with this subsection (dd) ~~(aa)~~ by the Secretary of

20 State. The adoption of emergency rules authorized by this

21 subsection (dd) ~~(aa)~~ is deemed to be necessary for the public

22 interest, safety, and welfare.

23 (ee) In order to provide for the expeditious and timely

24 implementation of the provisions of this amendatory Act of the

25 101st General Assembly, emergency rules to implement the

26 changes made by this amendatory Act of the 101st General

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1 Assembly to Section 40 of the Firearm Concealed Carry Act may

2 be adopted in accordance with this subsection (ee) by the

3 Secretary of State. The adoption of emergency rules authorized

4 by this subsection (ee) is deemed to be necessary for the

5 public interest, safety, and welfare.

6 (Source: P.A. 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; 99-143,

7 eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff. 6-30-16;

8 99-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906, eff. 6-1-17;

9 100-23, eff. 7-6-17; 100-554, eff. 11-16-17; 100-581, eff.

10 3-12-18; 100-587, Article 95, Section 95-5, eff. 6-4-18;

11 100-587, Article 110, Section 110-5, eff. 6-4-18; 100-864, eff.

12 8-14-18; revised 10-18-18.)

13 Section 10. The Firearm Concealed Carry Act is amended by

14 changing 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

18 a person who has not resided within this State for more than 30

19 days and resides in another state or territory.

20 (b) The Department shall by rule allow for non-resident

21 license applications from any state or territory of the United

22 States with laws related to firearm ownership, possession, and

23 carrying, that are substantially similar to the requirements to

24 obtain a license under this Act.

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1 (c) A resident of a state or territory approved by the

2 Department under subsection (b) of this Section may apply for a

3 non-resident license. The applicant shall apply to the

4 Department and must meet all of the qualifications established

5 in Section 25 of this Act, except for the Illinois residency

6 requirement in item (xiv) of paragraph (2) of subsection (a) of

7 Section 4 of the Firearm Owners Identification Card Act. The

8 applicant 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

5 identification card, a non-resident applicant shall provide

6 similar documentation from his or her state or territory of

7 residence. In lieu of a valid Firearm Owner's Identification

8 Card, the applicant shall submit documentation and information

9 required by the Department to obtain a Firearm Owner's

10 Identification Card, including an affidavit that the

11 non-resident meets the mental health standards to obtain a

12 firearm under Illinois law, and the Department shall ensure

13 that the applicant would meet the eligibility criteria to

14 obtain a Firearm Owner's Identification card if he or she was a

15 resident of this State.

16 (e) Nothing in this Act shall prohibit a non-resident from

17 transporting a concealed firearm within his or her vehicle in

18 Illinois, if the concealed firearm remains within his or her

19 vehicle 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,

3 he or she shall store the firearm within a locked vehicle or

4 locked container within the vehicle in accordance with

5 subsection (b) of Section 65 of this Act.

6 (f) Notwithstanding whether the laws of the state or

7 territory where the non-resident resides related to firearm

8 ownership, possession, and carrying are substantially similar

9 to the requirements to obtain a license under this Act, the

10 Department shall, no later than 120 days after the effective

11 date of this amendatory Act of the 101st General Assembly,

12 allow for a non-resident license application if the applicant

13 is an active duty member of the Armed Forces of the United

14 States who is stationed in this State and lives in this State.

15 A non-resident active duty member of the Armed Forces of the

16 United States who is stationed in this State and lives in this

17 State shall apply to the Department and must meet all of the

18 qualifications 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

26 identification card, a non-resident applicant under this

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1 subsection (f) shall provide similar documentation from his or

2 her state or territory of residence. A non-resident licensee

3 approved under this subsection (f) shall notify the Department

4 30 days following a permanent change of station move to an

5 assignment outside of this State and shall surrender his or her

6 license to the Department. A license issued under this

7 subsection (f) shall expire on the earlier date of: (i) 5 years

8 from the date of issuance; or (ii) the date the licensee's

9 assignment in this State terminates. The Department may adopt

10 rules necessary to implement this amendatory Act of the 101st

11 General Assembly through the use of emergency rulemaking in

12 accordance with Section 5-45 of the Illinois Administrative

13 Procedure Act for a period not to exceed 180 days after the

14 effective date of this amendatory Act of the 101st General

15 Assembly.

16 (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78,

17 eff. 7-20-15.)

18 (430 ILCS 66/60)

19 Sec. 60. Fees.

20 (a) All fees collected under this Act shall be deposited as

21 provided in this Section. Application, renewal, and

22 replacement fees shall be non-refundable.

23 (b) An applicant for a new license or a renewal shall

24 submit $150 with the application, of which $120 shall be

25 apportioned to the State Police Firearm Services Fund, $20

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1 shall 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

4 shall submit $300 with the application, of which $250 shall be

5 apportioned to the State Police Firearm Services Fund, $40

6 shall 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

9 Section 55 shall submit $75, of which $60 shall be apportioned

10 to the State Police Firearm Services Fund, $5 shall be

11 apportioned to the Mental Health Reporting Fund, and $10 shall

12 be apportioned to the State Crime Laboratory Fund.

13 (e) An applicant for a new license or a renewal who is a

14 non-resident active duty member of the Armed Forces of the

15 United States stationed in this State shall submit $150 with

16 the application, of which $120 shall be apportioned to the

17 State Police Firearm Services Fund, $20 shall be apportioned to

18 the Mental Health Reporting Fund, and $10 shall be apportioned

19 to 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

22 3.4b as follows:

23 (520 ILCS 5/3.4b new)

24 Sec. 3.4b. Exemption. Persons licensed to possess a

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1 concealed firearm under the Firearm Concealed Carry Act and

2 current or retired police officers authorized by law to possess

3 a concealed firearm shall be exempt from provisions of this

4 Code prohibiting possession of those firearms. However,

5 nothing in this Section authorizes the use of those firearms

6 except as authorized in the Firearm Concealed Carry Act, this

7 Code, or other law.

8 Section 99. Effective date. This Act takes effect upon

9 becoming law.