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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4113 Introduced , by Rep. Charles Meier SYNOPSIS AS INTRODUCED:
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| 5 ILCS 100/5-45 | from Ch. 127, par. 1005-45 | 430 ILCS 66/40 | | 430 ILCS 66/60 | |
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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 Illinois 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 Illinois State Police 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. 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.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Illinois Administrative Procedure Act is |
| 5 | | amended by changing Section 5-45 as follows:
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| 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
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| 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
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| 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
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| 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
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| 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
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| 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
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| 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
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| 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
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| 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
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| 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.
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| 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.
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| 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.
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| 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.
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| 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, |
| 4 | | emergency rules to implement the changes made by Public Act |
| 5 | | 100-23 to Section 4.02 of the Illinois Act on the Aging, |
| 6 | | Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, |
| 7 | | Section 55-30 of the Alcoholism and Other Drug Abuse and |
| 8 | | Dependency Act, and Sections 74 and 75 of the Mental Health and |
| 9 | | Developmental Disabilities Administrative Act may be adopted |
| 10 | | in accordance with this subsection (y) by the respective |
| 11 | | Department. The adoption of emergency rules authorized by this |
| 12 | | subsection (y) is deemed to be necessary for the public |
| 13 | | interest, safety, and welfare. |
| 14 | | (z) In order to provide for the expeditious and timely |
| 15 | | implementation of the provisions of Public Act 100-554, |
| 16 | | emergency rules to implement the changes made by Public Act |
| 17 | | 100-554 to Section 4.7 of the Lobbyist Registration Act may be |
| 18 | | adopted in accordance with this subsection (z) by the Secretary |
| 19 | | of State. The adoption of emergency rules authorized by this |
| 20 | | subsection (z) is deemed to be necessary for the public |
| 21 | | interest, safety, and welfare. |
| 22 | | (aa) In order to provide for the expeditious and timely |
| 23 | | initial implementation of the changes made to Articles 5, 5A, |
| 24 | | 12, and 14 of the Illinois Public Aid Code under the provisions |
| 25 | | of Public Act 100-581, the Department of Healthcare and Family |
| 26 | | Services may adopt emergency rules in accordance with this |
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| 1 | | subsection (aa). The 24-month limitation on the adoption of |
| 2 | | emergency rules does not apply to rules to initially implement |
| 3 | | the changes made to Articles 5, 5A, 12, and 14 of the Illinois |
| 4 | | Public Aid Code adopted under this subsection (aa). The |
| 5 | | adoption of emergency rules authorized by this subsection (aa) |
| 6 | | is deemed to be necessary for the public interest, safety, and |
| 7 | | welfare. |
| 8 | | (bb) In order to provide for the expeditious and timely |
| 9 | | implementation of the provisions of Public Act 100-587, |
| 10 | | emergency rules to implement the changes made by Public Act |
| 11 | | 100-587 to Section 4.02 of the Illinois Act on the Aging, |
| 12 | | Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, |
| 13 | | subsection (b) of Section 55-30 of the Alcoholism and Other |
| 14 | | Drug Abuse and Dependency Act, Section 5-104 of the Specialized |
| 15 | | Mental Health Rehabilitation Act of 2013, and Section 75 and |
| 16 | | subsection (b) of Section 74 of the Mental Health and |
| 17 | | Developmental Disabilities Administrative Act may be adopted |
| 18 | | in accordance with this subsection (bb) by the respective |
| 19 | | Department. The adoption of emergency rules authorized by this |
| 20 | | subsection (bb) is deemed to be necessary for the public |
| 21 | | interest, safety, and welfare. |
| 22 | | (cc) In order to provide for the expeditious and timely |
| 23 | | implementation of the provisions of Public Act 100-587, |
| 24 | | emergency rules may be adopted in accordance with this |
| 25 | | subsection (cc) to implement the changes made by Public Act |
| 26 | | 100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois |
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| 1 | | Pension Code by the Board created under Article 14 of the Code; |
| 2 | | Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by |
| 3 | | the Board created under Article 15 of the Code; and Sections |
| 4 | | 16-190.5 and 16-190.6 of the Illinois Pension Code by the Board |
| 5 | | created under Article 16 of the Code. The adoption of emergency |
| 6 | | rules authorized by this subsection (cc) is deemed to be |
| 7 | | necessary for the public interest, safety, and welfare. |
| 8 | | (dd) In order to provide for the expeditious and timely |
| 9 | | implementation of the provisions of Public Act 100-864, |
| 10 | | emergency rules to implement the changes made by Public Act |
| 11 | | 100-864 to Section 3.35 of the Newborn Metabolic Screening Act |
| 12 | | may be adopted in accordance with this subsection (dd) by the |
| 13 | | Secretary of State. The adoption of emergency rules authorized |
| 14 | | by this subsection (dd) is deemed to be necessary for the |
| 15 | | public interest, safety, and welfare. |
| 16 | | (ee) In order to provide for the expeditious and timely |
| 17 | | implementation of the provisions of Public Act 100-1172, |
| 18 | | emergency rules implementing the Illinois Underground Natural |
| 19 | | Gas Storage Safety Act may be adopted in accordance with this |
| 20 | | subsection by the Department of Natural Resources. The adoption |
| 21 | | of emergency rules authorized by this subsection is deemed to |
| 22 | | be necessary for the public interest, safety, and welfare. |
| 23 | | (ff) In order to provide for the expeditious and timely |
| 24 | | initial implementation of the changes made to Articles 5A and |
| 25 | | 14 of the Illinois Public Aid Code under the provisions of |
| 26 | | Public Act 100-1181, the Department of Healthcare and Family |
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| 1 | | Services may on a one-time-only basis adopt emergency rules in |
| 2 | | accordance with this subsection (ff). The 24-month limitation |
| 3 | | on the adoption of emergency rules does not apply to rules to |
| 4 | | initially implement the changes made to Articles 5A and 14 of |
| 5 | | the Illinois Public Aid Code adopted under this subsection |
| 6 | | (ff). The adoption of emergency rules authorized by this |
| 7 | | subsection (ff) is deemed to be necessary for the public |
| 8 | | interest, safety, and welfare. |
| 9 | | (gg) In order to provide for the expeditious and timely |
| 10 | | implementation of the provisions of Public Act 101-1, emergency |
| 11 | | rules may be adopted by the Department of Labor in accordance |
| 12 | | with this subsection (gg) to implement the changes made by |
| 13 | | Public Act 101-1 to the Minimum Wage Law. The adoption of |
| 14 | | emergency rules authorized by this subsection (gg) is deemed to |
| 15 | | be necessary for the public interest, safety, and welfare. |
| 16 | | (hh) In order to provide for the expeditious and timely |
| 17 | | implementation of the provisions of Public Act 101-10 this |
| 18 | | amendatory Act of the 101st General Assembly, emergency rules |
| 19 | | may be adopted in accordance with this subsection (hh) to |
| 20 | | implement the changes made by Public Act 101-10 this amendatory |
| 21 | | Act of the 101st General Assembly to subsection (j) of Section |
| 22 | | 5-5.2 of the Illinois Public Aid Code. The adoption of |
| 23 | | emergency rules authorized by this subsection (hh) is deemed to |
| 24 | | be necessary for the public interest, safety, and welfare. |
| 25 | | (ii) In order to provide for the expeditious and timely |
| 26 | | implementation of the provisions of Public Act 101-10 this |
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| 1 | | amendatory Act of the 101st General Assembly, emergency rules |
| 2 | | to implement the changes made by Public Act 101-10 this |
| 3 | | amendatory Act of the 101st General Assembly to Sections 5-5.4 |
| 4 | | and 5-5.4i of the Illinois Public Aid Code may be adopted in |
| 5 | | accordance with this subsection (ii) by the Department of |
| 6 | | Public Health. The adoption of emergency rules authorized by |
| 7 | | this subsection (ii) is deemed to be necessary for the public |
| 8 | | interest, safety, and welfare. |
| 9 | | (jj) In order to provide for the expeditious and timely |
| 10 | | implementation of the provisions of Public Act 101-10 this |
| 11 | | amendatory Act of the 101st General Assembly, emergency rules |
| 12 | | to implement the changes made by Public Act 101-10 this |
| 13 | | amendatory Act of the 101st General Assembly to Section 74 of |
| 14 | | the Mental Health and Developmental Disabilities |
| 15 | | Administrative Act may be adopted in accordance with this |
| 16 | | subsection (jj) by the Department of Human Services. The |
| 17 | | adoption of emergency rules authorized by this subsection (jj) |
| 18 | | is deemed to be necessary for the public interest, safety, and |
| 19 | | welfare. |
| 20 | | (kk) (gg) In order to provide for the expeditious and |
| 21 | | timely implementation of the Cannabis Regulation and Tax Act |
| 22 | | and Public Act 101-27 this amendatory Act of the 101st General |
| 23 | | Assembly, the Department of Revenue, the Department of Public |
| 24 | | Health, the Department of Agriculture, the Department of State |
| 25 | | Police, and the Department of Financial and Professional |
| 26 | | Regulation may adopt emergency rules in accordance with this |
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| 1 | | subsection (kk) (gg). The rulemaking authority granted in this |
| 2 | | subsection (kk) (gg) shall apply only to rules adopted before |
| 3 | | December 31, 2021. Notwithstanding the provisions of |
| 4 | | subsection (c), emergency rules adopted under this subsection |
| 5 | | (kk) (gg) shall be effective for 180 days. The adoption of |
| 6 | | emergency rules authorized by this subsection (kk) (gg) is |
| 7 | | deemed to be necessary for the public interest, safety, and |
| 8 | | welfare. |
| 9 | | (ll) (hh) In order to provide for the expeditious and |
| 10 | | timely implementation of the provisions of the Leveling the |
| 11 | | Playing Field for Illinois Retail Act, emergency rules may be |
| 12 | | adopted in accordance with this subsection (ll) (hh) to |
| 13 | | implement the changes made by the Leveling the Playing Field |
| 14 | | for Illinois Retail Act. The adoption of emergency rules |
| 15 | | authorized by this subsection (ll) (hh) is deemed to be |
| 16 | | necessary for the public interest, safety, and welfare. |
| 17 | | (mm) (ii) In order to provide for the expeditious and |
| 18 | | timely implementation of the provisions of Section 25-70 of the |
| 19 | | Sports Wagering Act, emergency rules to implement Section 25-70 |
| 20 | | of the Sports Wagering Act may be adopted in accordance with |
| 21 | | this subsection (mm) (ii) by the Department of the Lottery as |
| 22 | | provided in the Sports Wagering Act. The adoption of emergency |
| 23 | | rules authorized by this subsection (mm) (ii) is deemed to be |
| 24 | | necessary for the public interest, safety, and welfare. |
| 25 | | (nn) (jj) In order to provide for the expeditious and |
| 26 | | timely implementation of the Sports Wagering Act, emergency |
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| 1 | | rules to implement the Sports Wagering Act may be adopted in |
| 2 | | accordance with this subsection (nn) (jj) by the Illinois |
| 3 | | Gaming Board. The adoption of emergency rules authorized by |
| 4 | | this subsection (nn) (jj) is deemed to be necessary for the |
| 5 | | public interest, safety, and welfare. |
| 6 | | (oo) (kk) In order to provide for the expeditious and |
| 7 | | timely implementation of the provisions of subsection (c) of |
| 8 | | Section 20 of the Video Gaming Act, emergency rules to |
| 9 | | implement the provisions of subsection (c) of Section 20 of the |
| 10 | | Video Gaming Act may be adopted in accordance with this |
| 11 | | subsection (oo) (kk) by the Illinois Gaming Board. The adoption |
| 12 | | of emergency rules authorized by this subsection (oo) (kk) is |
| 13 | | deemed to be necessary for the public interest, safety, and |
| 14 | | welfare. |
| 15 | | (pp) (gg) In order to provide for the expeditious and |
| 16 | | timely
implementation of the provisions of Section 50 of the |
| 17 | | Sexual
Assault Evidence Submission Act, emergency rules to |
| 18 | | implement
Section 50 of the Sexual Assault Evidence Submission |
| 19 | | Act may be
adopted in accordance with this subsection (pp) (gg) |
| 20 | | by the
Department of State Police. The adoption of emergency |
| 21 | | rules
authorized by this subsection (pp) (gg) is deemed to be |
| 22 | | necessary
for the public interest, safety, and welfare. |
| 23 | | (qq) 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 (qq) by the |
| 3 | | Illinois State Police. The adoption of emergency rules |
| 4 | | authorized by this subsection (qq) is deemed to be necessary |
| 5 | | for the public interest, safety, and welfare. |
| 6 | | (Source: P.A. 100-23, eff. 7-6-17; 100-554, eff. 11-16-17; |
| 7 | | 100-581, eff. 3-12-18; 100-587, Article 95, Section 95-5, eff. |
| 8 | | 6-4-18; 100-587, Article 110, Section 110-5, eff. 6-4-18; |
| 9 | | 100-864, eff. 8-14-18; 100-1172, eff. 1-4-19; 100-1181, eff. |
| 10 | | 3-8-19; 101-1, eff. 2-19-19; 101-10, Article 20, Section 20-5, |
| 11 | | eff. 6-5-19; 101-10, Article 35, Section 35-5, eff. 6-5-19; |
| 12 | | 101-27, eff. 6-25-19; 101-31, Article 15, Section 15-5, eff. |
| 13 | | 6-28-19; 101-31, Article 25, Section 25-900, eff. 6-28-19; |
| 14 | | 101-31, Article 35, Section 35-3, eff. 6-28-19; 101-377, eff. |
| 15 | | 8-16-19; revised 9-27-19.)
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| 16 | | Section 10. The Firearm Concealed Carry Act is amended by |
| 17 | | changing Sections 40 and 60 as follows:
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| 18 | | (430 ILCS 66/40)
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| 19 | | Sec. 40. Non-resident license applications. |
| 20 | | (a) For the purposes of this Section, "non-resident" means |
| 21 | | a person who has not resided within this State for more than 30 |
| 22 | | days and resides in another state or territory. |
| 23 | | (b) The Department shall by rule allow for non-resident |
| 24 | | license applications from any state or territory of the United |
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| 1 | | States with laws related to firearm ownership, possession, and |
| 2 | | carrying, that are substantially similar to the requirements to |
| 3 | | obtain a license under this Act. |
| 4 | | (c) A resident of a state or territory approved by the |
| 5 | | Department under subsection (b) of this Section may apply for a |
| 6 | | non-resident license. The applicant shall apply to the |
| 7 | | Department and must meet all of the qualifications established |
| 8 | | in Section 25 of this Act, except for the Illinois residency |
| 9 | | requirement in item (xiv) of paragraph (2) of subsection (a) of |
| 10 | | Section 4 of the Firearm Owners Identification Card Act. The |
| 11 | | applicant shall submit: |
| 12 | | (1) the application and documentation required under |
| 13 | | Section 30 of this Act and the applicable fee; |
| 14 | | (2) a notarized document stating that the applicant: |
| 15 | | (A) is eligible under federal law and the laws of |
| 16 | | his or her state or territory of residence to own or |
| 17 | | possess a firearm; |
| 18 | | (B) if applicable, has a license or permit to carry |
| 19 | | a firearm or concealed firearm issued by his or her |
| 20 | | state or territory of residence and attach a copy of |
| 21 | | the license or permit to the application; |
| 22 | | (C) understands Illinois laws pertaining to the |
| 23 | | possession and transport of firearms; and |
| 24 | | (D) acknowledges that the applicant is subject to |
| 25 | | the jurisdiction of the Department and Illinois courts |
| 26 | | for any violation of this Act; |
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| 1 | | (3) a photocopy of any certificates or other evidence |
| 2 | | of compliance with the training requirements under Section |
| 3 | | 75 of this Act; and |
| 4 | | (4) a head and shoulder color photograph in a size |
| 5 | | specified by the Department taken within the 30 days |
| 6 | | preceding the date of the application. |
| 7 | | (d) In lieu of an Illinois driver's license or Illinois |
| 8 | | identification card, a non-resident applicant shall provide |
| 9 | | similar documentation from his or her state or territory of |
| 10 | | residence. In lieu of a valid Firearm Owner's Identification |
| 11 | | Card, the applicant shall submit documentation and information |
| 12 | | required by the Department to obtain a Firearm Owner's |
| 13 | | Identification Card, including an affidavit that the |
| 14 | | non-resident meets the mental health standards to obtain a |
| 15 | | firearm under Illinois law, and the Department shall ensure |
| 16 | | that the applicant would meet the eligibility criteria to |
| 17 | | obtain a Firearm Owner's Identification card if he or she was a |
| 18 | | resident of this State. |
| 19 | | (e) Nothing in this Act shall prohibit a non-resident from |
| 20 | | transporting a concealed firearm within his or her vehicle in |
| 21 | | Illinois, if the concealed firearm remains within his or her |
| 22 | | vehicle and the non-resident: |
| 23 | | (1) is not prohibited from owning or possessing a |
| 24 | | firearm under federal law; |
| 25 | | (2) is eligible to carry a firearm in public under the |
| 26 | | laws of his or her state or territory of residence, as
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| 1 | | evidenced by the possession of a concealed carry license or |
| 2 | | permit issued by his or her state of residence, if
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| 3 | | applicable; and |
| 4 | | (3) is not in possession of a license under this Act. |
| 5 | | If the non-resident leaves his or her vehicle unattended, |
| 6 | | he or she shall store the firearm within a locked vehicle or |
| 7 | | locked container within the vehicle in accordance with |
| 8 | | subsection (b) of Section 65 of this Act. |
| 9 | | (f) Notwithstanding whether the laws of the state or |
| 10 | | territory where the non-resident resides related to firearm |
| 11 | | ownership, possession, and carrying are substantially similar |
| 12 | | to the requirements to obtain a license under this Act, the |
| 13 | | Illinois State Police shall, no later than 120 days after the |
| 14 | | effective date of this amendatory Act of the 101st General |
| 15 | | Assembly, allow for a non-resident license application if the |
| 16 | | applicant is an active duty member of the Armed Forces of the |
| 17 | | United States who is stationed in this State and lives in this |
| 18 | | State.
A non-resident active duty member of the Armed Forces of |
| 19 | | the United States who is stationed in this State and lives in |
| 20 | | this State shall apply to the Illinois State Police and must |
| 21 | | meet all of the qualifications established in Section 25 and |
| 22 | | shall submit: |
| 23 | | (1) the application and documentation required under |
| 24 | | subsection (b) of Section 30 and the applicable fee; |
| 25 | | (2) a photocopy of a valid military identification card |
| 26 | | or Official Proof of Service Letter; and |
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| 1 | | (3) a photocopy of permanent change-of-station orders |
| 2 | | to an assignment in this State. |
| 3 | | In lieu of an Illinois driver's license or Illinois |
| 4 | | identification card, a non-resident applicant under this |
| 5 | | subsection (f) shall provide similar documentation from his or |
| 6 | | her state or territory of residence. A non-resident licensee |
| 7 | | approved under this subsection (f) shall notify the Illinois |
| 8 | | State Police 30 days following a permanent change of station |
| 9 | | move to an assignment outside of this State and shall surrender |
| 10 | | his or her license to the Illinois State Police. A license |
| 11 | | issued under this subsection (f) shall expire on the earlier |
| 12 | | date of: (i) 5 years from the date of issuance; or (ii) the |
| 13 | | date the licensee's assignment in this State terminates. The |
| 14 | | Illinois State Police may adopt rules necessary to implement |
| 15 | | this amendatory Act of the 101st General Assembly through the |
| 16 | | use of emergency rulemaking in accordance with Section 5-45 of |
| 17 | | the Illinois Administrative Procedure Act for a period not to |
| 18 | | exceed 180 days after the effective date of this amendatory Act |
| 19 | | of the 101st General Assembly.
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| 20 | | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78, |
| 21 | | eff. 7-20-15.)
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| 22 | | (430 ILCS 66/60)
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| 23 | | Sec. 60. Fees. |
| 24 | | (a) All fees collected under this Act shall be deposited as |
| 25 | | provided in this Section. Application, renewal, and |
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| 1 | | replacement fees shall be non-refundable. |
| 2 | | (b) An applicant for a new license or a renewal shall |
| 3 | | submit $150 with the application, of which $120 shall be |
| 4 | | apportioned to the State Police Firearm Services Fund, $20 |
| 5 | | shall be apportioned to the Mental Health Reporting Fund, and |
| 6 | | $10 shall be apportioned to the State Crime Laboratory Fund. |
| 7 | | (c) A non-resident applicant for a new license or renewal |
| 8 | | shall submit $300 with the application, of which $250 shall be |
| 9 | | apportioned to the State Police Firearm Services Fund, $40 |
| 10 | | shall be apportioned to the Mental Health Reporting Fund, and |
| 11 | | $10 shall be apportioned to the State Crime Laboratory Fund. |
| 12 | | (d) A licensee requesting a new license in accordance with |
| 13 | | Section 55 shall submit $75, of which $60 shall be apportioned |
| 14 | | to the State Police Firearm Services Fund, $5 shall be |
| 15 | | apportioned to the Mental Health Reporting Fund, and $10 shall |
| 16 | | be apportioned to the State Crime Laboratory Fund.
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| 17 | | (e) An applicant for a new license or a renewal who is a |
| 18 | | non-resident active duty member of the Armed
Forces of the |
| 19 | | United States stationed in this State shall submit $150 with |
| 20 | | the application, of which $120 shall be apportioned to the |
| 21 | | State Police Firearm Services Fund, $20 shall be apportioned to |
| 22 | | the Mental Health Reporting Fund, and $10 shall be apportioned |
| 23 | | to the State Crime Laboratory Fund. |
| 24 | | (Source: P.A. 98-63, eff. 7-9-13.)
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| 25 | | Section 99. Effective date. This Act takes effect upon |
| 26 | | becoming law.
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