Sen. John J. Cullerton
Filed: 7/8/2013
 
 


 




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1
AMENDMENT TO HOUSE BILL 11




2 AMENDMENT NO. ______. Amend House Bill 11 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. If and only if House Bill 183 of the 98th 
5General Assembly becomes law, then the Firearm Concealed Carry 
6Act is amended by changing Sections 5, 10, 20, and 65 as 
7follows:


8 (09800HB0183enr, Sec. 5)

9 Sec. 5. Definitions. As used in this Act:
10 "Ammunition feeding device" means a detachable magazine 
11clip, belt, drum, feed strip, or similar device. 
12 "Applicant" means a person who is applying for a license to 
13carry a concealed firearm under this Act.
14 "Board" means the Concealed Carry Licensing Review Board.
15 "Concealed firearm" means a loaded or unloaded handgun 
16carried on or about a person completely covered or not visible 
 
 
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1from the view of the public, or carried in a vehicle concealed, 
2covered, or not visible from the view of the public or mostly 
3concealed from view of the public or on or about a person 
4within a vehicle.
5 "Department" means the Department of State Police.
6 "Director" means the Director of State Police.
7 "Handgun" means any device which is designed to expel a 
8projectile or projectiles by the action of an explosion, 
9expansion of gas, or escape of gas that is designed to be held 
10and fired by the use of a single hand. "Handgun" does not 
11include:
12  (1) a stun gun or taser;
13  (2) a machine gun as defined in item (i) of paragraph 
14 (7) of subsection (a) of Section 24-1 of the Criminal Code 
15 of 2012;
16  (3) a short-barreled rifle or shotgun as defined in 
17 item (ii) of paragraph (7) of subsection (a) of Section 
18 24-1 of the Criminal Code of 2012; or
19  (4) any pneumatic gun, spring gun, paint ball gun, or 
20 B-B gun which
expels a single globular projectile not 
21 exceeding .18 inch in
diameter, or which has a maximum 
22 muzzle velocity of less than 700 feet
per second, or which 
23 expels breakable paint balls containing washable marking 
24 colors.
25 "Law enforcement agency" means any federal, State, or local 
26law enforcement agency, including offices of State's Attorneys 
 
 
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1and the Office of the Attorney General.
2 "License" means a license issued by the Department of State 
3Police to carry a concealed handgun.
4 "Licensee" means a person issued a license to carry a 
5concealed handgun.
6 "Municipality" has the meaning ascribed to it in Section 1 
7of Article VII of the Illinois Constitution.
8 "Unit of local government" has the meaning ascribed to it 
9in Section 1 of Article VII of the Illinois Constitution.

10(Source: 09800HB0183enr.)


11 (09800HB0183enr, Sec. 10)

12 Sec. 10. Issuance of licenses to carry a concealed firearm. 
13 (a) The Department shall issue a license to carry a 
14concealed firearm under this Act to an applicant who:
15  (1) meets the qualifications of Section 25 of this Act;
16  (2) has provided the application and documentation 
17 required in Section 30 of this Act; 
18  (3) has submitted the requisite fees; and
19  (4) does not pose a danger to himself, herself, or 
20 others, or a threat to public safety as determined by the 
21 Concealed Carry Licensing Review Board in accordance with 
22 Section 20.
23 (b) The Department shall issue a renewal, corrected, or 
24duplicate license as provided in this Act.
25 (c) A license shall be valid throughout the State for a 
 
 
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1period of 5 years from the date of issuance. A license shall 
2permit the licensee to carry one loaded or unloaded concealed 
3firearm and, whether attached to or detached from the firearm, 
4one ammunition feeding device for that firearm with a capacity 
5of 10 rounds of ammunition or less on or about his or her 
6person. The licensee may not carry an ammunition feeding device 
7with a capacity of more than 10 rounds of ammunition or that 
8can be readily restored or concerted to accept more than 10 
9rounds of ammunition. :
10  (1) carry a loaded or unloaded concealed firearm, fully 
11 concealed or partially concealed, on or about his or her 
12 person; and

13  (2) keep or carry a loaded or unloaded concealed 
14 firearm on or about his or her person within a vehicle.
15 (d) The Department shall make applications for a license 
16available no later than 180 days after the effective date of 
17this Act. The Department shall establish rules for the 
18availability and submission of applications in accordance with 
19this Act.
20 (e) An application for a license submitted to the 
21Department that contains all the information and materials 
22required by this Act, including the requisite fee, shall be 
23deemed completed. Except as otherwise provided in this Act, no 
24later than 90 days after receipt of a completed application, 
25the Department shall issue or deny the applicant a license.
26 (f) The Department shall deny the applicant a license if 
 
 
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1the applicant fails to meet the requirements under this Act or 
2the Department receives a determination from the Board that the 
3applicant is ineligible for a license. The Department must 
4notify the applicant stating the grounds for the denial. The 
5notice of denial must inform the applicant of his or her right 
6to an appeal through administrative and judicial review.
7 (g) A licensee shall possess a license at all times the 
8licensee carries a concealed firearm except:
9  (1) when the licensee is carrying or possessing a 
10 concealed firearm on his or her land or in his or her 
11 abode, legal dwelling, or fixed place of business, or on 
12 the land or in the legal dwelling of another person as an 
13 invitee with that person's permission;
14  (2) when the person is authorized to carry a firearm 
15 under Section 24-2 of the Criminal Code of 2012, except 
16 subsection (a-5) of that Section; or
17  (3) when the handgun is broken down in a 
18 non-functioning state, is not immediately accessible, or 
19 is unloaded and enclosed in a case.
20 (h) If an officer of a law enforcement agency initiates an 
21investigative stop, including but not limited to a traffic 
22stop, of a licensee who is carrying a concealed firearm, upon 
23the request of the officer the licensee shall immediately 
24disclose to the officer that he or she is in possession of a 
25concealed firearm under this Act, present the license upon the 
26request of the officer, and identify the location of the 
 
 
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1concealed firearm.
2 (i) The Department shall maintain a database of license 
3applicants and licensees. The database shall be available to 
4all federal, State, and local law enforcement agencies, State's 
5Attorneys, the Attorney General, and authorized court 
6personnel. Within 180 days after the effective date of this 
7Act, the database shall be searchable and provide all 
8information included in the application, including the 
9applicant's previous addresses within the 10 years prior to the 
10license application and any information related to violations 
11of this Act. No law enforcement agency, State's Attorney, 
12Attorney General, or member or staff of the judiciary shall 
13provide any information to a requester who is not entitled to 
14it by law.
15 (j) No later than 10 days after receipt of a completed 
16application, the Department shall enter the relevant 
17information about the applicant into the database under 
18subsection (i) of this Section which is accessible by law 
19enforcement agencies.

20(Source: 09800HB0183enr.)


21 (09800HB0183enr, Sec. 20)

22 Sec. 20. Concealed Carry Licensing Review Board. 
23 (a) There is hereby created a Concealed Carry Licensing 
24Review Board to consider any objection to an applicant's 
25eligibility to obtain a license under this Act submitted by a 
 
 
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1law enforcement agency or the Department under Section 15 of 
2this Act. The Board shall consist of 7 commissioners to be 
3appointed by the Governor, with the advice and consent of the 
4Senate, with 3 commissioners residing within the First Judicial 
5District and one commissioner residing within each of the 4 
6remaining Judicial Districts. No more than 4 commissioners 
7shall be members of the same political party. The Governor 
8shall designate one commissioner as the Chairperson. The Board 
9shall consist of:
10  (1) one commissioner with at least 5 years of service 
11 as a federal judge;
12  (2) 2 commissioners with at least 5 years of experience 
13 serving as an attorney with the United States Department of 
14 Justice;
15  (3) 3 commissioners with at least 5 years of experience 
16 as a federal agent or employee with investigative 
17 experience or duties related to criminal justice under the 
18 United States Department of Justice, Drug Enforcement 
19 Administration, Department of Homeland Security, or 
20 Federal Bureau of Investigation; and
21  (4) one member with at least 5 years of experience as a 
22 licensed physician or clinical psychologist with expertise 
23 in the diagnosis and treatment of mental illness.
24 (b) The initial terms of the commissioners shall end on 
25January 12, 2015. Thereafter, the commissioners shall hold 
26office for 4 years, with terms expiring on the second Monday in 
 
 
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1January of the fourth year. Commissioners may be reappointed. 
2Vacancies in the office of commissioner shall be filled in the 
3same manner as the original appointment, for the remainder of 
4the unexpired term. The Governor may remove a commissioner for 
5incompetence, neglect of duty, malfeasance, or inability to 
6serve. Commissioners shall receive compensation in an amount 
7equal to the compensation of members of the Executive Ethics 
8Commission and may be reimbursed for reasonable expenses 
9actually incurred in the performance of their Board duties, 
10from funds appropriated for that purpose.
11 (c) The Board shall meet at the call of the chairperson as 
12often as necessary to consider objections to applications for a 
13license under this Act. If necessary to ensure the 
14participation of a commissioner, the Board shall allow a 
15commissioner to participate in a Board meeting by electronic 
16communication. Any commissioner participating electronically 
17shall be deemed present for purposes of establishing a quorum 
18and voting.
19 (d) The Board shall adopt rules for the conduct of 
20hearings. The Board shall maintain a record of its decisions 
21and all materials considered in making its decisions. All Board 
22decisions and voting records shall be kept confidential and all 
23materials considered by the Board shall be exempt from 
24inspection except upon order of a court.
25 (e) In considering an objection of a law enforcement agency 
26or the Department, the Board shall review the materials 
 
 
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1received with the objection from the law enforcement agency or 
2the Department. By a vote of at least 4 commissioners, the 
3Board may request additional information from the law 
4enforcement agency, Department, or the applicant, or the 
5testimony of the law enforcement agency, Department, or the 
6applicant. The Board may only consider information submitted by 
7the Department, a law enforcement agency, or the applicant. The 
8Board shall review each objection and determine by a majority 
9of commissioners whether an applicant is eligible for a 
10license.
11 (f) The Board shall issue a decision within 30 days of 
12receipt of the objection from the Department. However, the 
13Board need not issue a decision within 30 days if:
14  (1) the Board requests information from the applicant 
15 in accordance with subsection (e) of this Section, in which 
16 case the Board shall make a decision within 30 days of 
17 receipt of the required information from the applicant;
18  (2) the applicant agrees, in writing, to allow the 
19 Board additional time to consider an objection; or
20  (3) the Board notifies the applicant and the Department 
21 that the Board needs an additional 30 days to issue a 
22 decision.
23 (g) If the Board determines by a preponderance of the 
24evidence that the applicant poses a danger to himself or 
25herself or others, or is a threat to public safety, then the 
26Board shall affirm the objection of the law enforcement agency 
 
 
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1or the Department and shall notify the Department that the 
2applicant is ineligible for a license. If the Board does not 
3determine by a preponderance of the evidence that the applicant 
4poses a danger to himself or herself or others, or is a threat 
5to public safety, then the Board shall notify the Department 
6that the applicant is eligible for a license.
7 (h) Meetings of the Board shall not be subject to the Open 
8Meetings Act and records of the Board shall not be subject to 
9the Freedom of Information Act.
10 (h) (i) The Board shall report monthly to the Governor and 
11the General Assembly on the number of objections received and 
12provide details of the circumstances in which the Board has 
13determined to deny licensure based on law enforcement or 
14Department objections under Section 15 of this Act. The report 
15shall not contain any identifying information about the 
16applicants.

17(Source: 09800HB0183enr.)


18 (09800HB0183enr, Sec. 65)

19 Sec. 65. Prohibited areas. 
20 (a) A licensee under this Act shall not knowingly carry a 
21firearm on or into:
22  (1) Any building, real property, and parking area under 
23 the control of a public or private elementary or secondary 
24 school.
25  (2) Any building, real property, and parking area under 
 
 
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1 the control of a pre-school or child care facility, 
2 including any room or portion of a building under the 
3 control of a pre-school or child care facility. Nothing in 
4 this paragraph shall prevent the operator of a child care 
5 facility in a family home from owning or possessing a 
6 firearm in the home or license under this Act, if no child 
7 under child care at the home is present in the home or the 
8 firearm in the home is stored in a locked container when a 
9 child under child care at the home is present in the home.
10  (3) Any building, parking area, or portion of a 
11 building under the control of an officer of the executive 
12 or legislative branch of government, provided that nothing 
13 in this paragraph shall prohibit a licensee from carrying a 
14 concealed firearm onto the real property, bikeway, or trail 
15 in a park regulated by the Department of Natural Resources 
16 or any other designated public hunting area or building 
17 where firearm possession is permitted as established by the 
18 Department of Natural Resources under Section 1.8 of the 
19 Wildlife Code.
20  (4) Any building designated for matters before a 
21 circuit court, appellate court, or the Supreme Court, or 
22 any building or portion of a building under the control of 
23 the Supreme Court.
24  (5) Any building or portion of a building under the 
25 control of a unit of local government.
26  (6) Any building, real property, and parking area under 
 
 
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1 the control of an adult or juvenile detention or 
2 correctional institution, prison, or jail.
3  (7) Any building, real property, and parking area under 
4 the control of a public or private hospital or hospital 
5 affiliate, mental health facility, or nursing home.
6  (8) Any bus, train, or form of transportation paid for 
7 in whole or in part with public funds, and any building, 
8 real property, and parking area under the control of a 
9 public transportation facility paid for in whole or in part 
10 with public funds.
11  (9) Any building, real property, and parking area under 
12 the control of an establishment where alcohol may be 
13 consumed, other than a private residence or a club as 
14 defined in Section 1-3.24 of the Liquor Control Act of 
15 1934. Any building, real property, and parking area under 
16 the control of an establishment that serves alcohol on its 
17 premises, if more than 50% of the establishment's gross 
18 receipts within the prior 3 months is from the sale of 
19 alcohol. The owner of an establishment who knowingly fails 
20 to prohibit concealed firearms on its premises as provided 
21 in this paragraph or who knowingly makes a false statement 
22 or record to avoid the prohibition on concealed firearms 
23 under this paragraph is subject to the penalty under 
24 subsection (c-5) of Section 10-1 of the Liquor Control Act 
25 of 1934.
26  (10) Any public gathering or special event conducted on 
 
 
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1 property open to the public that requires the issuance of a 
2 permit from the unit of local government, provided this 
3 prohibition shall not apply to a licensee who must walk 
4 through a public gathering in order to access his or her 
5 residence, place of business, or vehicle.
6  (11) Any building or real property that has been issued 
7 a Special Event Retailer's license as defined in Section 
8 1-3.17.1 of the Liquor Control Act during the time 
9 designated for the sale of alcohol by the Special Event 
10 Retailer's license, or a Special use permit license as 
11 defined in subsection (q) of Section 5-1 of the Liquor 
12 Control Act during the time designated for the sale of 
13 alcohol by the Special use permit license.
14  (12) Any public playground.
15  (13) Any public park, athletic area, or athletic 
16 facility under the control of a municipality or park 
17 district, provided nothing in this Section shall prohibit a 
18 licensee from carrying a concealed firearm while on a trail 
19 or bikeway if only a portion of the trail or bikeway 
20 includes a public park.
21  (14) Any real property under the control of the Cook 
22 County Forest Preserve District.
23  (15) Any building, classroom, laboratory, medical 
24 clinic, hospital, artistic venue, athletic venue, 
25 entertainment venue, officially recognized 
26 university-related organization property, whether owned or 
 
 
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1 leased, and any real property, including parking areas, 
2 sidewalks, and common areas under the control of a public 
3 or private community college, college, or university.
4  (16) Any building, real property, or parking area under 
5 the control of a gaming facility licensed under the 
6 Riverboat Gambling Act or the Illinois Horse Racing Act of 
7 1975, including an inter-track wagering location licensee.
8  (17) Any stadium, arena, or the real property or 
9 parking area under the control of a stadium, arena, or any 
10 collegiate or professional sporting event.
11  (18) Any building, real property, or parking area under 
12 the control of a public library.
13  (19) Any building, real property, or parking area under 
14 the control of an airport.
15  (20) Any building, real property, or parking area under 
16 the control of an amusement park.
17  (21) Any building, real property, or parking area under 
18 the control of a zoo or museum.
19  (22) Any street, driveway, parking area, property, 
20 building, or facility, owned, leased, controlled, or used 
21 by a nuclear energy, storage, weapons, or development site 
22 or facility regulated by the federal Nuclear Regulatory 
23 Commission. The licensee shall not under any circumstance 
24 store a firearm or ammunition in his or her vehicle or in a 
25 compartment or container within a vehicle located anywhere 
26 in or on the street, driveway, parking area, property, 
 
 
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1 building, or facility described in this paragraph.
2  (23) Any area where firearms are prohibited under 
3 federal law.
4 (a-5) Nothing in this Act shall prohibit a public or 
5private community college, college, or university from:
6  (1) prohibiting persons from carrying a firearm within 
7 a vehicle owned, leased, or controlled by the college or 
8 university;
9  (2) developing resolutions, regulations, or policies 
10 regarding student, employee, or visitor misconduct and 
11 discipline, including suspension and expulsion;
12  (3) developing resolutions, regulations, or policies 
13 regarding the storage or maintenance of firearms, which 
14 must include designated areas where persons can park 
15 vehicles that carry firearms; and
16  (4) permitting the carrying or use of firearms for the 
17 purpose of instruction and curriculum of officially 
18 recognized programs, including but not limited to military 
19 science and law enforcement training programs, or in any 
20 designated area used for hunting purposes or target 
21 shooting.
22 (a-10) A person shall not carry a concealed firearm onto 
23the private real property of another without prior permission 
24from the property owner. A property owner shall indicate 
25permission to carry concealed firearms by posting a sign at the 
26entrance of a building, premises, or real property, except this 
 
 
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1posting is not required if the property is a private residence. 
2Signs stating that the carrying of firearms is allowed shall be 
3clearly and conspicuously posted at the entrance of a building, 
4premises, or real property. Signs shall be of a uniform design 
5as established by the Department and shall be at least 4 inches 
6by 6 inches in size. The Department shall adopt rules for 
7standardized signs to be used under this subsection. The owner 
8of private real property of any type may prohibit the carrying 
9of concealed firearms on the property under his or her control. 
10The owner must post a sign in accordance with subsection (d) of 
11this Section indicating that firearms are prohibited on the 
12property, unless the property is a private residence.
13 (a-15) An employer, or his or her designee, may prohibit an 
14employee from carrying a concealed firearm during any part of 
15the employee's employment. An employer, or his or her designee, 
16may prohibit an employee from bringing a firearm onto the 
17employer's property. 
18 (b) Notwithstanding subsections (a), (a-5), and (a-10) of 
19this Section except under paragraph (22) or (23) of subsection 
20(a), any licensee prohibited from carrying a concealed firearm 
21into the parking area of a prohibited location specified in 
22subsection (a), (a-5), or (a-10) of this Section shall be 
23permitted to carry a concealed firearm on or about his or her 
24person within a vehicle into the parking area and may store a 
25firearm or ammunition concealed in a case within a locked 
26vehicle or locked container out of plain view within the 
 
 
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1vehicle in the parking area. The firearm must remain within the 
2vehicle at all times while within the parking area. A licensee 
3may carry a concealed firearm in the immediate area surrounding 
4his or her vehicle within a prohibited parking lot area only 
5for the limited purpose of storing or retrieving a firearm 
6within the vehicle's trunk, provided the licensee ensures the 
7concealed firearm is unloaded prior to exiting the vehicle. For 
8purposes of this subsection, "case" includes a glove 
9compartment or console that completely encloses the concealed 
10firearm or ammunition, the trunk of the vehicle, or a firearm 
11carrying box, shipping box, or other container.
12 (c) A licensee shall not be in violation of this Section 
13while he or she is traveling along a public right of way that 
14touches or crosses any of the premises under subsection (a), 
15(a-5), or (a-10) of this Section if the concealed firearm is 
16carried on his or her person in accordance with the provisions 
17of this Act or is being transported in a vehicle by the 
18licensee in accordance with all other applicable provisions of 
19law.
20 (d) Signs stating that the carrying of firearms is 
21prohibited shall be clearly and conspicuously posted at the 
22entrance of a building, premises, or real property specified in 
23this Section as a prohibited area, unless the building or 
24premises is a private residence. Signs shall be of a uniform 
25design as established by the Department and shall be 4 inches 
26by 6 inches in size. The Department shall adopt rules for 
 
 
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1standardized signs to be used under this subsection.

2(Source: 09800HB0183enr.)



3 Section 10. If and only if House Bill 183 of the 98th 
4General Assembly becomes law, then the Open Meetings Act is 
5amended by changing Section 2 as follows:




6 (5 ILCS 120/2) (from Ch. 102, par. 42)



7 Sec. 2. Open meetings. 

8 (a) Openness required. All meetings of public
bodies shall 
9be open to the public unless excepted in subsection (c)
and 
10closed in accordance with Section 2a.

11 (b) Construction of exceptions. The exceptions contained 
12in subsection
(c) are in derogation of the requirement that 
13public bodies
meet in the open, and therefore, the exceptions 
14are to be strictly
construed, extending only to subjects 
15clearly within their scope.
The exceptions authorize but do not 
16require the holding of
a closed meeting to discuss a subject 
17included within an enumerated exception.

18 (c) Exceptions. A public body may hold closed meetings to 
19consider the
following subjects:

20  (1) The appointment, employment, compensation, 
21 discipline, performance,
or dismissal of specific 
22 employees of the public body or legal counsel for
the 
23 public body, including hearing
testimony on a complaint 
24 lodged against an employee of the public body or
against 
 
 
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1 legal counsel for the public body to determine its 
2 validity.

3  (2) Collective negotiating matters between the public 
4 body and its
employees or their representatives, or 
5 deliberations concerning salary
schedules for one or more 
6 classes of employees.

7  (3) The selection of a person to fill a public office,

8 as defined in this Act, including a vacancy in a public 
9 office, when the public
body is given power to appoint 
10 under law or ordinance, or the discipline,
performance or 
11 removal of the occupant of a public office, when the public 
12 body
is given power to remove the occupant under law or 
13 ordinance. 

14  (4) Evidence or testimony presented in open hearing, or 
15 in closed
hearing where specifically authorized by law, to

16 a quasi-adjudicative body, as defined in this Act, provided 
17 that the body
prepares and makes available for public 
18 inspection a written decision
setting forth its 
19 determinative reasoning.


20  (5) The purchase or lease of real property for the use 
21 of
the public body, including meetings held for the purpose 
22 of discussing
whether a particular parcel should be 
23 acquired.

24  (6) The setting of a price for sale or lease of 
25 property owned
by the public body.

26  (7) The sale or purchase of securities, investments, or 
 
 
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1 investment
contracts. This exception shall not apply to the 
2 investment of assets or income of funds deposited into the 
3 Illinois Prepaid Tuition Trust Fund. 

4  (8) Security procedures and the use of personnel and

5 equipment to respond to an actual, a threatened, or a 
6 reasonably
potential danger to the safety of employees, 
7 students, staff, the public, or
public
property.

8  (9) Student disciplinary cases.

9  (10) The placement of individual students in special 
10 education
programs and other matters relating to 
11 individual students.

12  (11) Litigation, when an action against, affecting or 
13 on behalf of the
particular public body has been filed and 
14 is pending before a court or
administrative tribunal, or 
15 when the public body finds that an action is
probable or 
16 imminent, in which case the basis for the finding shall be

17 recorded and entered into the minutes of the closed 
18 meeting.

19  (12) The establishment of reserves or settlement of 
20 claims as provided
in the Local Governmental and 
21 Governmental Employees Tort Immunity Act, if
otherwise the 
22 disposition of a claim or potential claim might be

23 prejudiced, or the review or discussion of claims, loss or 
24 risk management
information, records, data, advice or 
25 communications from or with respect
to any insurer of the 
26 public body or any intergovernmental risk management

 
 
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1 association or self insurance pool of which the public body 
2 is a member.

3  (13) Conciliation of complaints of discrimination in 
4 the sale or rental
of housing, when closed meetings are 
5 authorized by the law or ordinance
prescribing fair housing 
6 practices and creating a commission or
administrative 
7 agency for their enforcement.

8  (14) Informant sources, the hiring or assignment of 
9 undercover personnel
or equipment, or ongoing, prior or 
10 future criminal investigations, when
discussed by a public 
11 body with criminal investigatory responsibilities.

12  (15) Professional ethics or performance when 
13 considered by an advisory
body appointed to advise a 
14 licensing or regulatory agency on matters
germane to the 
15 advisory body's field of competence.

16  (16) Self evaluation, practices and procedures or 
17 professional ethics,
when meeting with a representative of 
18 a statewide association of which the
public body is a 
19 member.

20  (17) The recruitment, credentialing, discipline or 
21 formal peer review
of physicians or other
health care 
22 professionals for a hospital, or
other institution 
23 providing medical care, that is operated by the public 
24 body.

25  (18) Deliberations for decisions of the Prisoner 
26 Review Board.

 
 
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1  (19) Review or discussion of applications received 
2 under the
Experimental Organ Transplantation Procedures 
3 Act.

4  (20) The classification and discussion of matters 
5 classified as
confidential or continued confidential by 
6 the State Government Suggestion Award
Board.

7  (21) Discussion of minutes of meetings lawfully closed 
8 under this Act,
whether for purposes of approval by the 
9 body of the minutes or semi-annual
review of the minutes as 
10 mandated by Section 2.06.

11  (22) Deliberations for decisions of the State

12 Emergency Medical Services Disciplinary
Review Board.

13  (23) The operation by a municipality of a municipal 
14 utility or the
operation of a
municipal power agency or 
15 municipal natural gas agency when the
discussion involves 
16 (i) contracts relating to the
purchase, sale, or delivery 
17 of electricity or natural gas or (ii) the results
or 
18 conclusions of load forecast studies.

19  (24) Meetings of a residential health care facility 
20 resident sexual
assault and death review
team or
the 
21 Executive
Council under the Abuse Prevention Review
Team 
22 Act.

23  (25) Meetings of an independent team of experts under 
24 Brian's Law. 
25  (26) Meetings of a mortality review team appointed 
26 under the Department of Juvenile Justice Mortality Review 
 
 
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1 Team Act. 
2  (27) Confidential information, when discussed by one 
3 or more members of an elder abuse fatality review team, 
4 designated under Section 15 of the Elder Abuse and Neglect 
5 Act, while participating in a review conducted by that team 
6 of the death of an elderly person in which abuse or neglect 
7 is suspected, alleged, or substantiated; provided that 
8 before the review team holds a closed meeting, or closes an 
9 open meeting, to discuss the confidential information, 
10 each participating review team member seeking to disclose 
11 the confidential information in the closed meeting or 
12 closed portion of the meeting must state on the record 
13 during an open meeting or the open portion of a meeting the 
14 nature of the information to be disclosed and the legal 
15 basis for otherwise holding that information confidential. 
16  (28) Correspondence and records (i) that may not be 
17 disclosed under Section 11-9 of the Public Aid Code or (ii) 
18 that pertain to appeals under Section 11-8 of the Public 
19 Aid Code. 
20  (29) Meetings between internal or external auditors 
21 and governmental audit committees, finance committees, and 
22 their equivalents, when the discussion involves internal 
23 control weaknesses, identification of potential fraud risk 
24 areas, known or suspected frauds, and fraud interviews 
25 conducted in accordance with generally accepted auditing 
26 standards of the United States of America.
 
 
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1  (30) Deliberations regarding applicants under the 
2 Firearm Concealed Carry Act by the Concealed Carry 
3 Licensing Review Board. Meetings and deliberations for 
4 decisions of the Concealed Carry Licensing Review Board 
5 under the Firearm Concealed Carry Act. 
6 (d) Definitions. For purposes of this Section:

7 "Employee" means a person employed by a public body whose 
8relationship
with the public body constitutes an 
9employer-employee relationship under
the usual common law 
10rules, and who is not an independent contractor.

11 "Public office" means a position created by or under the

12Constitution or laws of this State, the occupant of which is 
13charged with
the exercise of some portion of the sovereign 
14power of this State. The term
"public office" shall include 
15members of the public body, but it shall not
include 
16organizational positions filled by members thereof, whether

17established by law or by a public body itself, that exist to 
18assist the
body in the conduct of its business.

19 "Quasi-adjudicative body" means an administrative body 
20charged by law or
ordinance with the responsibility to conduct 
21hearings, receive evidence or
testimony and make 
22determinations based
thereon, but does not include
local 
23electoral boards when such bodies are considering petition 
24challenges.

25 (e) Final action. No final action may be taken at a closed 
26meeting.
Final action shall be preceded by a public recital of 
 
 
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1the nature of the
matter being considered and other information 
2that will inform the
public of the business being conducted. 

3(Source: P.A. 96-1235, eff. 1-1-11; 96-1378, eff. 7-29-10; 
496-1428, eff. 8-11-10; 97-318, eff. 1-1-12; 97-333, eff. 
58-12-11; 97-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876, 
6eff. 8-1-12; 09800HB0183enr.)



7 Section 15. If and only if House Bill 183 of the 98th 
8General Assembly becomes law, then the Liquor Control Act of 
91934 is amended by changing Section 10-1 as follows:




10 (235 ILCS 5/10-1) (from Ch. 43, par. 183)



11 Sec. 10-1. Violations; penalties. Whereas a substantial 
12threat
to the sound and careful control, regulation, and 
13taxation of the
manufacture, sale, and distribution of 
14alcoholic liquors exists by virtue
of individuals who 
15manufacture,
import, distribute, or sell alcoholic liquors 
16within the State without
having first obtained a valid license 
17to do so, and whereas such threat is
especially serious along 
18the borders of this State, and whereas such threat
requires 
19immediate correction by this Act, by active investigation and

20prosecution by law enforcement officials and prosecutors, and 
21by prompt and
strict enforcement through the courts of this 
22State to punish violators and
to deter such conduct in the 
23future:

24 (a) Any person who manufactures, imports
for distribution 
 
 
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1or use, or distributes or sells alcoholic liquor at any
place 
2within the State without having first obtained a valid license 
3to do
so under the provisions of this Act shall be guilty of a 
4business offense
and fined not more than $1,000 for the first 
5such offense and shall be
guilty of a Class 4 felony for each 
6subsequent offense.

7 (b) (1) Any retailer, licensed in this State, who knowingly 
8causes to
furnish,
give, sell, or otherwise being within the 
9State, any alcoholic liquor destined
to be used, distributed, 
10consumed or sold in another state, unless such
alcoholic liquor 
11was received in this State by a duly licensed distributor,
or 
12importing distributors shall have his license suspended for 7 
13days for
the first offense and for the second offense, shall 
14have his license
revoked by the Commission.

15 (2) In the event the Commission receives a certified copy 
16of a final order
from a foreign jurisdiction that an Illinois 
17retail licensee has been found to
have violated that foreign 
18jurisdiction's laws, rules, or regulations
concerning the 
19importation of alcoholic liquor into that foreign 
20jurisdiction,
the violation may be grounds for the Commission 
21to revoke, suspend, or refuse
to
issue or renew a license, to 
22impose a fine, or to take any additional action
provided by 
23this Act with respect to the Illinois retail license or 
24licensee.
Any such action on the part of the Commission shall 
25be in accordance with this
Act and implementing rules.

26 For the purposes of paragraph (2): (i) "foreign 
 
 
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1jurisdiction" means a
state, territory, or possession of the 
2United States, the District of Columbia,
or the Commonwealth of 
3Puerto Rico, and (ii) "final order" means an order or
judgment 
4of a court or administrative body that determines the rights of 
5the
parties respecting the subject matter of the proceeding, 
6that remains in full
force and effect, and from which no appeal 
7can be taken.

8 (c) Any person who shall make any false statement or 
9otherwise
violates any of the provisions of this Act in 
10obtaining any license
hereunder, or who having obtained a 
11license hereunder shall violate any
of the provisions of this 
12Act with respect to the manufacture,
possession, distribution 
13or sale of alcoholic liquor, or with respect to
the maintenance 
14of the licensed premises, or shall violate any other
provision 
15of this Act, shall for a first offense be guilty of a petty

16offense and fined not more than $500, and for a second or 
17subsequent
offense shall be guilty of a Class B misdemeanor.

18 (c-5) Any owner of an establishment where alcohol may be 
19consumed, other than a private residence or club as defined in 
20Section 1-3.24 of the Liquor Control Act of 1934, that serves 
21alcohol on its premises, if more than 50% of the 
22establishment's gross receipts within the prior 3 months is 
23from the sale of alcohol, who knowingly fails to prohibit 
24concealed firearms on its premises or who knowingly makes a 
25false statement or record to avoid the prohibition of concealed 
26firearms on its premises under the Firearm Concealed Carry Act 
 
 
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1shall be guilty of a business offense with a fine up to $5,000. 
2 (d) Each day any person engages in business as a 
3manufacturer,
foreign importer, importing distributor, 
4distributor or retailer in
violation of the provisions of this 
5Act shall constitute a separate offense.

6 (e) Any person, under the age of 21 years who, for the 
7purpose
of buying, accepting or receiving alcoholic liquor from 
8a
licensee, represents that he is 21 years of age or over shall 
9be guilty
of a Class A misdemeanor.

10 (f) In addition to the penalties herein provided, any 
11person
licensed as a wine-maker in either class who 
12manufactures more wine than
authorized by his license shall be 
13guilty of a business offense and shall be
fined $1 for each 
14gallon so manufactured.

15 (g) A person shall be exempt from prosecution for a 
16violation of this
Act if he is a peace officer in the 
17enforcement of the criminal laws and
such activity is approved 
18in writing by one of the following:


19  (1) In all counties, the respective State's Attorney;


20  (2) The Director of State Police under
Section 2605-10, 
21 2605-15, 2605-75, 2605-100, 2605-105, 2605-110,
2605-115, 
22 2605-120, 2605-130, 2605-140, 2605-190, 2605-200, 
23 2605-205, 2605-210,
2605-215, 2605-250, 2605-275, 
24 2605-300, 2605-305, 2605-315, 2605-325, 2605-335,

25 2605-340,
2605-350, 2605-355, 2605-360, 2605-365, 
26 2605-375, 2605-390, 2605-400, 2605-405,
2605-420,

 
 
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1 2605-430, 2605-435, 2605-500, 2605-525, or 2605-550 of the 
2 Department of State
Police Law (20 ILCS 2605/2605-10, 
3 2605/2605-15, 2605/2605-75,
2605/2605-100, 2605/2605-105, 
4 2605/2605-110, 2605/2605-115,
2605/2605-120, 
5 2605/2605-130, 2605/2605-140, 2605/2605-190, 
6 2605/2605-200,
2605/2605-205, 2605/2605-210, 
7 2605/2605-215, 2605/2605-250, 2605/2605-275,

8 2605/2605-300,
2605/2605-305, 2605/2605-315, 
9 2605/2605-325, 2605/2605-335, 2605/2605-340,

10 2605/2605-350, 2605/2605-355, 2605/2605-360,

11 2605/2605-365, 2605/2605-375, 2605/2605-390,

12 2605/2605-400, 2605/2605-405, 2605/2605-420, 
13 2605/2605-430, 2605/2605-435,
2605/2605-500, 
14 2605/2605-525, or 2605/2605-550); or


15  (3) In cities over 1,000,000, the Superintendent of 
16 Police.

17(Source: P.A. 90-739, eff. 8-13-98; 91-239, eff. 1-1-00; 
1809800HB0183enr.)



19 Section 20. If and only if House Bill 183 of the 98th 
20General Assembly becomes law, then the Firearm Owners 
21Identification Card Act is amended by changing Sections 8.1 and 
2213.1 as follows:




23 (430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)



24 Sec. 8.1. Notifications to the Department of State Police.

 
 
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1 (a) The Circuit Clerk shall, in the form and manner 
2required by the
Supreme Court, notify the Department of State 
3Police of all final dispositions
of cases for which the 
4Department has received information reported to it under

5Sections 2.1 and 2.2 of the Criminal Identification Act.

6 (b) Upon adjudication of any individual as a mentally 
7disabled person as defined in Section 1.1 of this Act or a 
8finding that a person has been involuntarily admitted, the 
9court shall direct the circuit court clerk to immediately 
10notify the Department of State Police, Firearm Owner's 
11Identification (FOID) department, and shall forward a copy of 
12the court order to the Department.
13 (c) The Department of Human Services shall, in the form and 
14manner prescribed by the Department of State Police, report all 
15information collected under subsection (b) of Section 12 of the 
16Mental Health and Developmental Disabilities Confidentiality 
17Act for the purpose of determining whether a person who may be 
18or may have been a patient in a mental health facility is 
19disqualified under State or federal law from receiving or 
20retaining a Firearm Owner's Identification Card, or purchasing 
21a weapon.
22 (d) If a person is determined to pose a clear and present 
23danger to himself, herself, or to others 
24  (1) by a physician, clinical psychologist, qualified 
25 examiner, or is determined to be developmentally disabled 
26 by a physician, clinical psychologist, or qualified 
 
 
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1 examiner, whether employed by the State or privately, then 
2 the physician, clinical psychologist, or qualified 
3 examiner shall, within 24 hours of making the 
4 determination, notify the Department of Human Services 
5 that the person poses a clear and present danger or is 
6 developmentally disabled; or 
7  (2) by a law enforcement official, or school 
8 administrator, then the law enforcement official or school 
9 administrator or is determined to be developmentally 
10 disabled by a physician, clinical psychologist, or 
11 qualified examiner, whether employed by the State or by a 
12 private mental health facility, then the physician, 
13 clinical psychologist, or qualified examiner shall, within 
14 24 hours of making the determination, notify the Department 
15 of State Police Human Services that the person poses a 
16 clear and present danger. 
17 The Department of Human Services shall immediately update 
18its records and information relating to mental health and 
19developmental disabilities, and if appropriate, shall notify 
20the Department of State Police in a form and manner prescribed 
21by the Department of State Police. The Department of State 
22Police shall determine whether to revoke the person's Firearm 
23Owner's Identification Card under Section 8 of this Act. Any 
24information disclosed under this subsection shall remain 
25privileged and confidential, and shall not be redisclosed, 
26except as required under subsection (e) of Section 3.1 of this 
 
 
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1Act, nor used for any other purpose. The method of providing 
2this information shall guarantee that the information is not 
3released beyond what is necessary for the purpose of this 
4Section and shall be provided by rule by the Department of 
5Human Services. The identity of the person reporting under this 
6Section shall not be disclosed to the subject of the report. 
7The physician, clinical psychologist, qualified examiner, law 
8enforcement official, or school administrator making the 
9determination and his or her employer shall not be held 
10criminally, civilly, or professionally liable for making or not 
11making the notification required under this subsection, except 
12for willful or wanton misconduct.
13 (e) The Department of State Police shall adopt rules to 
14implement this Section. 
15(Source: P.A. 97-1131, eff. 1-1-13; 09800HB0183enr.)






16 (430 ILCS 65/13.1) (from Ch. 38, par. 83-13.1)



17 Sec. 13.1. Preemption. 

18 (a) Except as otherwise provided in the Firearm Concealed 
19Carry Act and subsection subsections (b) and (c) of this 
20Section, the provisions of any ordinance enacted by any 
21municipality which
requires registration or imposes greater 
22restrictions or limitations on the
acquisition, possession and 
23transfer of firearms than are imposed by this
Act, are not 
24invalidated or affected by this Act.

25 (b) Notwithstanding subsection (a) of this Section, the 
 
 
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1regulation, licensing, possession, and registration of 
2handguns and ammunition for a handgun, and the transportation 
3of any firearm and ammunition by a holder of a valid Firearm 
4Owner's Identification Card issued by the Department of State 
5Police under this Act are exclusive powers and functions of 
6this State. Any ordinance or regulation, or portion of that 
7ordinance or regulation, enacted on or before the effective 
8date of this amendatory Act of the 98th General Assembly that 
9purports to impose regulations or restrictions on a holder of a 
10valid Firearm Owner's Identification Card issued by the 
11Department of State Police under this Act in a manner that is 
12inconsistent with this Act, on the effective date of this 
13amendatory Act of the 98th General Assembly, shall be invalid 
14in its application to a holder of a valid Firearm Owner's 
15Identification Card issued by the Department of State Police 
16under this Act.
17 (c) Notwithstanding subsection (a) of this Section, the 
18regulation of the possession or ownership of assault weapons 
19are exclusive powers and functions of this State. Any ordinance 
20or regulation, or portion of that ordinance or regulation, that 
21purports to regulate the possession or ownership of assault 
22weapons in a manner that is inconsistent with this Act, shall 
23be invalid unless the ordinance or regulation is enacted on, 
24before, or within 10 days after the effective date of this 
25amendatory Act of the 98th General Assembly. Any ordinance or 
26regulation described in this subsection (c) enacted more than 
 
 
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110 days after the effective date of this amendatory Act of the 
298th General Assembly is invalid. An ordinance enacted on, 
3before, or within 10 days after the effective date of this 
4amendatory Act of the 98th General Assembly may be amended. The 
5enactment or amendment of ordinances under this subsection (c) 
6are subject to the submission requirements of Section 13.3. For 
7the purposes of this subsection, "assault weapons" means 
8firearms designated by either make or model or by a test or 
9list of cosmetic features that cumulatively would place the 
10firearm into a definition of "assault weapon" under the 
11ordinance.
12 (c) (d) For the purposes of this Section, "handgun" has the 
13meaning ascribed to it in Section 5 of the Firearm Concealed 
14Carry Act. 
15 (d) (e) This Section is a denial and limitation of home 
16rule powers and functions under subsection (h) of Section 6 of 
17Article VII of the Illinois Constitution. 
18(Source: P.A. 76-1939; 09800HB0183enr.)".