104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1337

Introduced 1/28/2025, by Sen. Dale Fowler

SYNOPSIS AS INTRODUCED:

`5 ILCS 830/10-5`
`20 ILCS 2605/2605-10`	`was 20 ILCS 2605/55a in part`
`20 ILCS 2605/2605-45`	`was 20 ILCS 2605/55a-5`
`20 ILCS 2605/2605-595`
`20 ILCS 2605/2605-605`
`30 ILCS 500/1-10`
`430 ILCS 68/Act rep.`
`720 ILCS 5/24-5.1`

Repeals the Firearm Dealer License Certification Act. Amends the Gun Trafficking Information Act, the Illinois State Police Law of the Civil Administrative Code of Illinois, the Illinois Procurement Code, and the Criminal Code of 2012 to make conforming changes. Effective immediately.

LRB104 03931 RLC 13955 b

A BILL FOR

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1 AN ACT concerning safety.

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

3 represented in the General Assembly:

4 Section 5. The Gun Trafficking Information Act is amended

5 by changing Section 10-5 as follows:

6 (5 ILCS 830/10-5)

7 Sec. 10-5. Gun trafficking information.

8 (a) The Illinois State Police shall use all reasonable

9 efforts, as allowed by State law and regulations, federal law

10 and regulations, and executed Memoranda of Understanding

11 between Illinois law enforcement agencies and the U.S. Bureau

12 of Alcohol, Tobacco, Firearms and Explosives, in making

13 publicly available, on a regular and ongoing basis, key

14 information related to firearms used in the commission of

15 crimes in this State, including, but not limited to: reports

16 on crimes committed with firearms, locations where the crimes

17 occurred, the number of persons killed or injured in the

18 commission of the crimes, the state where the firearms used

19 originated, the Federal Firearms Licensee that sold the

20 firearm, the type of firearms used, if known, annual

21 statistical information concerning Firearm Owner's

22 Identification Card and concealed carry license applications,

23 revocations, and compliance with Section 9.5 of the Firearm

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1 Owners Identification Card Act, and the information required

2 in the report or on the Illinois State Police's website under

3 Section 85 of the Firearms Restraining Order Act~~, and firearm~~

4 ~~dealer license certification inspections~~. The Illinois State

5 Police shall make the information available on its website,

6 which may be presented in a dashboard format, in addition to

7 electronically filing a report with the Governor and the

8 General Assembly. The report to the General Assembly shall be

9 filed with the Clerk of the House of Representatives and the

10 Secretary of the Senate in electronic form only, in the manner

11 that the Clerk and the Secretary shall direct.

12 (b) The Illinois State Police shall study, on a regular

13 and ongoing basis, and compile reports on the number of

14 Firearm Owner's Identification Card checks to determine

15 firearms trafficking or straw purchase patterns. The Illinois

16 State Police shall, to the extent not inconsistent with law,

17 share such reports and underlying data with academic centers,

18 foundations, and law enforcement agencies studying firearms

19 trafficking, provided that personally identifying information

20 is protected. For purposes of this subsection (b), a Firearm

21 Owner's Identification Card number is not personally

22 identifying information, provided that no other personal

23 information of the card holder is attached to the record. The

24 Illinois State Police may create and attach an alternate

25 unique identifying number to each Firearm Owner's

26 Identification Card number, instead of releasing the Firearm

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1 Owner's Identification Card number itself.

2 (c) Each department, office, division, and agency of this

3 State shall, to the extent not inconsistent with law,

4 cooperate fully with the Illinois State Police and furnish the

5 Illinois State Police with all relevant information and

6 assistance on a timely basis as is necessary to accomplish the

7 purpose of this Act. The Illinois Criminal Justice Information

8 Authority shall submit the information required in subsection

9 (a) of this Section to the Illinois State Police, and any other

10 information as the Illinois State Police may request, to

11 assist the Illinois State Police in carrying out its duties

12 under this Act.

13 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

14 102-813, eff. 5-13-22; 103-34, eff. 6-9-23.)

15 Section 10. The Illinois State Police Law of the Civil

16 Administrative Code of Illinois is amended by changing

17 Sections 2605-10, 2605-45, 2605-595, and 2605-605 as follows:

18 (20 ILCS 2605/2605-10) (was 20 ILCS 2605/55a in part)

19 Sec. 2605-10. Powers and duties, generally.

20 (a) The Illinois State Police shall exercise the rights,

21 powers, and duties that have been vested in the Illinois State

22 Police by the following:

23 The Illinois State Police Act.

24 The Illinois State Police Radio Act.

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1 The Criminal Identification Act.

2 The Illinois Vehicle Code.

3 The Firearm Owners Identification Card Act.

4 The Firearm Concealed Carry Act.

5 ~~The Firearm Dealer License Certification Act.~~

6 The Intergovernmental Missing Child Recovery Act of

7 1984.

8 The Intergovernmental Drug Laws Enforcement Act.

9 The Narcotic Control Division Abolition Act.

10 The Illinois Uniform Conviction Information Act.

11 The Murderer and Violent Offender Against Youth

12 Registration Act.

13 (b) The Illinois State Police shall have the powers and

14 duties set forth in the following Sections.

15 (c) The Illinois State Police shall exercise the rights,

16 powers, and duties vested in the Illinois State Police to

17 implement the following protective service functions for State

18 facilities, State officials, and State employees serving in

19 their official capacity:

20 (1) Utilize subject matter expertise and law

21 enforcement authority to strengthen the protection of

22 State government facilities, State employees, State

23 officials, and State critical infrastructure.

24 (2) Coordinate State, federal, and local law

25 enforcement activities involving the protection of State

26 facilities, officials, and employees.

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1 (3) Conduct investigations of criminal threats to

2 State facilities, State critical infrastructure, State

3 officials, and State employees.

4 (4) Train State officials and employees in personal

5 protection, crime prevention, facility occupant emergency

6 planning, and incident management.

7 (5) Establish standard protocols for prevention and

8 response to criminal threats to State facilities, State

9 officials, State employees, and State critical

10 infrastructure and standard protocols for reporting of

11 suspicious activities.

12 (6) Establish minimum operational standards,

13 qualifications, training, and compliance requirements for

14 State employees and contractors engaged in the protection

15 of State facilities and employees.

16 (7) At the request of departments or agencies of State

17 government, conduct security assessments, including, but

18 not limited to, examination of alarm systems, cameras

19 systems, access points, personnel readiness, and emergency

20 protocols based on risk and need.

21 (8) Oversee the planning and implementation of

22 security and law enforcement activities necessary for the

23 protection of major, multi-jurisdictional events

24 implicating potential criminal threats to State officials,

25 State employees, or State-owned, State-leased, or

26 State-operated critical infrastructure or facilities.

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1 (9) Oversee and direct the planning and implementation

2 of security and law enforcement activities by the

3 departments and agencies of the State necessary for the

4 protection of State employees, State officials, and

5 State-owned, State-leased, or State-operated critical

6 infrastructure or facilities from criminal activity.

7 (10) Advise the Governor and Homeland Security Advisor

8 on any matters necessary for the effective protection of

9 State facilities, critical infrastructure, officials, and

10 employees from criminal threats.

11 (11) Utilize intergovernmental agreements and

12 administrative rules as needed for the effective,

13 efficient implementation of law enforcement and support

14 activities necessary for the protection of State

15 facilities, State infrastructure, State employees, and,

16 upon the express written consent of State constitutional

17 officials, State constitutional officials.

18 (Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24;

19 103-564, eff. 11-17-23.)

20 (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)

21 Sec. 2605-45. Division of Justice Services. The Division

22 of Justice Services shall provide administrative and technical

23 services and support to the Illinois State Police, criminal

24 justice agencies, and the public and shall exercise the

25 following functions:

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1 (1) Operate and maintain the Law Enforcement Agencies

2 Data System (LEADS), a statewide, computerized

3 telecommunications system designed to provide services,

4 information, and capabilities to the law enforcement and

5 criminal justice community in the State of Illinois. The

6 Director is responsible for establishing policy,

7 procedures, and regulations consistent with State and

8 federal rules, policies, and law by which LEADS operates.

9 The Director shall designate a statewide LEADS

10 Administrator for management of the system. The Director

11 may appoint a LEADS Advisory Policy Board to reflect the

12 needs and desires of the law enforcement and criminal

13 justice community and to make recommendations concerning

14 policies and procedures.

15 (2) Pursue research and the publication of studies

16 pertaining to local law enforcement activities.

17 (3) Serve as the State's point of contact for the

18 Federal Bureau of Investigation's Uniform Crime Reporting

19 Program and National Incident-Based Reporting System.

20 (4) Operate an electronic data processing and computer

21 center for the storage and retrieval of data pertaining to

22 criminal activity.

23 (5) Exercise the rights, powers, and duties vested in

24 the Illinois State Police by the Cannabis Regulation and

25 Tax Act and the Compassionate Use of Medical Cannabis

26 Program Act.

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1 (6) (Blank).

2 (6.5) Exercise the rights, powers, and duties vested

3 in the Illinois State Police by the Firearm Owners

4 Identification Card Act, the Firearm Concealed Carry Act,

5 the Firearm Transfer Inquiry Program, and the prohibited

6 persons portal under Section 2605-304~~, and the Firearm~~

7 ~~Dealer License Certification Act~~.

8 (7) Exercise other duties that may be assigned by the

9 Director to fulfill the responsibilities and achieve the

10 purposes of the Illinois State Police.

11 (8) Exercise the rights, powers, and duties vested by

12 law in the Illinois State Police by the Criminal

13 Identification Act and the Illinois Uniform Conviction

14 Information Act.

15 (9) Exercise the powers and perform the duties that

16 have been vested in the Illinois State Police by the

17 Murderer and Violent Offender Against Youth Registration

18 Act, the Sex Offender Registration Act, and the Sex

19 Offender Community Notification Law and adopt reasonable

20 rules necessitated thereby.

21 (10) Serve as the State central repository for

22 criminal history record information.

23 (11) Share all necessary information with the

24 Concealed Carry Licensing Review Board and the Firearms

25 Owner's Identification Card Review Board necessary for the

26 execution of their duties.

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1 (Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24.)

2 (20 ILCS 2605/2605-595)

3 Sec. 2605-595. State Police Firearm Services Fund.

4 (a) There is created in the State treasury a special fund

5 known as the State Police Firearm Services Fund. The Fund

6 shall receive revenue under the Firearm Concealed Carry Act~~,~~

7 ~~the Firearm Dealer License Certification Act,~~ and Section 5 of

8 the Firearm Owners Identification Card Act. The Fund may also

9 receive revenue from grants, pass-through grants, donations,

10 appropriations, and any other legal source.

11 (a-5) (Blank).

12 (b) The Illinois State Police may use moneys in the Fund to

13 finance any of its lawful purposes, mandates, functions, and

14 duties under the Firearm Owners Identification Card Act~~, the~~

15 ~~Firearm Dealer License Certification Act,~~ and the Firearm

16 Concealed Carry Act, including the cost of sending notices of

17 expiration of Firearm Owner's Identification Cards, concealed

18 carry licenses, the prompt and efficient processing of

19 applications under the Firearm Owners Identification Card Act

20 and the Firearm Concealed Carry Act, the improved efficiency

21 and reporting of the LEADS and federal NICS law enforcement

22 data systems, and support for investigations required under

23 these Acts and law. Any surplus funds beyond what is needed to

24 comply with the aforementioned purposes shall be used by the

25 Illinois State Police to improve the Law Enforcement Agencies

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1 Data System (LEADS) and criminal history background check

2 system.

3 (c) Investment income that is attributable to the

4 investment of moneys in the Fund shall be retained in the Fund

5 for the uses specified in this Section.

6 (Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21;

7 103-363, eff. 7-28-23.)

8 (20 ILCS 2605/2605-605)

9 Sec. 2605-605. Violent Crime Intelligence Task Force. The

10 Director of the Illinois State Police shall establish a

11 statewide multi-jurisdictional Violent Crime Intelligence Task

12 Force led by the Illinois State Police dedicated to combating

13 gun violence, gun-trafficking, and other violent crime with

14 the primary mission of preservation of life and reducing the

15 occurrence and the fear of crime. The objectives of the Task

16 Force shall include, but not be limited to, reducing and

17 preventing illegal possession and use of firearms,

18 firearm-related homicides, and other violent crimes, and

19 solving firearm-related crimes.

20 (1) The Task Force may develop and acquire information,

21 training, tools, and resources necessary to implement a

22 data-driven approach to policing, with an emphasis on

23 intelligence development.

24 (2) The Task Force may utilize information sharing,

25 partnerships, crime analysis, and evidence-based practices to

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1 assist in the reduction of firearm-related shootings,

2 homicides, and gun-trafficking, including, but not limited to,

3 ballistic data, eTrace data, DNA evidence, latent

4 fingerprints, firearm training data, and National Integrated

5 Ballistic Information Network (NIBIN) data. The Task Force may

6 design a model crime gun intelligence strategy which may

7 include, but is not limited to, comprehensive collection and

8 documentation of all ballistic evidence, timely transfer of

9 NIBIN and eTrace leads to an intelligence center, which may

10 include the Division of Criminal Investigation of the Illinois

11 State Police, timely dissemination of intelligence to

12 investigators, investigative follow-up, and coordinated

13 prosecution.

14 (3) The Task Force may recognize and utilize best

15 practices of community policing and may develop potential

16 partnerships with faith-based and community organizations to

17 achieve its goals.

18 (4) The Task Force may identify and utilize best practices

19 in drug-diversion programs and other community-based services

20 to redirect low-level offenders.

21 (5) The Task Force may assist in violence suppression

22 strategies including, but not limited to, details in

23 identified locations that have shown to be the most prone to

24 gun violence and violent crime, focused deterrence against

25 violent gangs and groups considered responsible for the

26 violence in communities, and other intelligence driven methods

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1 deemed necessary to interrupt cycles of violence or prevent

2 retaliation.

3 (6) In consultation with the Chief Procurement Officer,

4 the Illinois State Police may obtain contracts for software,

5 commodities, resources, and equipment to assist the Task Force

6 with achieving this Act. Any contracts necessary to support

7 the delivery of necessary software, commodities, resources,

8 and equipment are not subject to the Illinois Procurement

9 Code, except for Sections 20-60, 20-65, 20-70, and 20-160 and

10 Article 50 of that Code, provided that the Chief Procurement

11 Officer may, in writing with justification, waive any

12 certification required under Article 50 of the Illinois

13 Procurement Code.

14 (7) The Task Force shall conduct enforcement operations

15 against persons whose Firearm Owner's Identification Cards

16 have been revoked or suspended and persons who fail to comply

17 with the requirements of Section 9.5 of the Firearm Owners

18 Identification Card Act, prioritizing individuals presenting a

19 clear and present danger to themselves or to others under

20 paragraph (2) of subsection (d) of Section 8.1 of the Firearm

21 Owners Identification Card Act.

22 (8) The Task Force shall collaborate with local law

23 enforcement agencies to enforce provisions of the Firearm

24 Owners Identification Card Act, the Firearm Concealed Carry

25 Act, ~~the Firearm Dealer License Certification Act,~~ and Article

26 24 of the Criminal Code of 2012.

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1 (9) To implement this Section, the Director of the

2 Illinois State Police may establish intergovernmental

3 agreements with law enforcement agencies in accordance with

4 the Intergovernmental Cooperation Act.

5 (10) Law enforcement agencies that participate in

6 activities described in paragraphs (7) through (9) may apply

7 to the Illinois State Police for grants from the State Police

8 Firearm Enforcement Fund.

9 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

10 102-813, eff. 5-13-22; 103-609, eff. 7-1-24.)

11 Section 15. The Illinois Procurement Code is amended by

12 changing Section 1-10 as follows:

13 (30 ILCS 500/1-10)

14 Sec. 1-10. Application.

15 (a) This Code applies only to procurements for which

16 bidders, offerors, potential contractors, or contractors were

17 first solicited on or after July 1, 1998. This Code shall not

18 be construed to affect or impair any contract, or any

19 provision of a contract, entered into based on a solicitation

20 prior to the implementation date of this Code as described in

21 Article 99, including, but not limited to, any covenant

22 entered into with respect to any revenue bonds or similar

23 instruments. All procurements for which contracts are

24 solicited between the effective date of Articles 50 and 99 and

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1 July 1, 1998 shall be substantially in accordance with this

2 Code and its intent.

3 (b) This Code shall apply regardless of the source of the

4 funds with which the contracts are paid, including federal

5 assistance moneys. This Code shall not apply to:

6 (1) Contracts between the State and its political

7 subdivisions or other governments, or between State

8 governmental bodies, except as specifically provided in

9 this Code.

10 (2) Grants, except for the filing requirements of

11 Section 20-80.

12 (3) Purchase of care, except as provided in Section

13 5-30.6 of the Illinois Public Aid Code and this Section.

14 (4) Hiring of an individual as an employee and not as

15 an independent contractor, whether pursuant to an

16 employment code or policy or by contract directly with

17 that individual.

18 (5) Collective bargaining contracts.

19 (6) Purchase of real estate, except that notice of

20 this type of contract with a value of more than $25,000

21 must be published in the Procurement Bulletin within 10

22 calendar days after the deed is recorded in the county of

23 jurisdiction. The notice shall identify the real estate

24 purchased, the names of all parties to the contract, the

25 value of the contract, and the effective date of the

26 contract.

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1 (7) Contracts necessary to prepare for anticipated

2 litigation, enforcement actions, or investigations,

3 provided that the chief legal counsel to the Governor

4 shall give his or her prior approval when the procuring

5 agency is one subject to the jurisdiction of the Governor,

6 and provided that the chief legal counsel of any other

7 procuring entity subject to this Code shall give his or

8 her prior approval when the procuring entity is not one

9 subject to the jurisdiction of the Governor.

10 (8) (Blank).

11 (9) Procurement expenditures by the Illinois

12 Conservation Foundation when only private funds are used.

13 (10) (Blank).

14 (11) Public-private agreements entered into according

15 to the procurement requirements of Section 20 of the

16 Public-Private Partnerships for Transportation Act and

17 design-build agreements entered into according to the

18 procurement requirements of Section 25 of the

19 Public-Private Partnerships for Transportation Act.

20 (12) (A) Contracts for legal, financial, and other

21 professional and artistic services entered into by the

22 Illinois Finance Authority in which the State of Illinois

23 is not obligated. Such contracts shall be awarded through

24 a competitive process authorized by the members of the

25 Illinois Finance Authority and are subject to Sections

26 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,

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1 as well as the final approval by the members of the

2 Illinois Finance Authority of the terms of the contract.

3 (B) Contracts for legal and financial services entered

4 into by the Illinois Housing Development Authority in

5 connection with the issuance of bonds in which the State

6 of Illinois is not obligated. Such contracts shall be

7 awarded through a competitive process authorized by the

8 members of the Illinois Housing Development Authority and

9 are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,

10 and 50-37 of this Code, as well as the final approval by

11 the members of the Illinois Housing Development Authority

12 of the terms of the contract.

13 (13) Contracts for services, commodities, and

14 equipment to support the delivery of timely forensic

15 science services in consultation with and subject to the

16 approval of the Chief Procurement Officer as provided in

17 subsection (d) of Section 5-4-3a of the Unified Code of

18 Corrections, except for the requirements of Sections

19 20-60, 20-65, 20-70, and 20-160 and Article 50 of this

20 Code; however, the Chief Procurement Officer may, in

21 writing with justification, waive any certification

22 required under Article 50 of this Code. For any contracts

23 for services which are currently provided by members of a

24 collective bargaining agreement, the applicable terms of

25 the collective bargaining agreement concerning

26 subcontracting shall be followed.

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1 On and after January 1, 2019, this paragraph (13),

2 except for this sentence, is inoperative.

3 (14) Contracts for participation expenditures required

4 by a domestic or international trade show or exhibition of

5 an exhibitor, member, or sponsor.

6 (15) Contracts with a railroad or utility that

7 requires the State to reimburse the railroad or utilities

8 for the relocation of utilities for construction or other

9 public purpose. Contracts included within this paragraph

10 (15) shall include, but not be limited to, those

11 associated with: relocations, crossings, installations,

12 and maintenance. For the purposes of this paragraph (15),

13 "railroad" means any form of non-highway ground

14 transportation that runs on rails or electromagnetic

15 guideways and "utility" means: (1) public utilities as

16 defined in Section 3-105 of the Public Utilities Act, (2)

17 telecommunications carriers as defined in Section 13-202

18 of the Public Utilities Act, (3) electric cooperatives as

19 defined in Section 3.4 of the Electric Supplier Act, (4)

20 telephone or telecommunications cooperatives as defined in

21 Section 13-212 of the Public Utilities Act, (5) rural

22 water or waste water systems with 10,000 connections or

23 less, (6) a holder as defined in Section 21-201 of the

24 Public Utilities Act, and (7) municipalities owning or

25 operating utility systems consisting of public utilities

26 as that term is defined in Section 11-117-2 of the

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1 Illinois Municipal Code.

2 (16) Procurement expenditures necessary for the

3 Department of Public Health to provide the delivery of

4 timely newborn screening services in accordance with the

5 Newborn Metabolic Screening Act.

6 (17) Procurement expenditures necessary for the

7 Department of Agriculture, the Department of Financial and

8 Professional Regulation, the Department of Human Services,

9 and the Department of Public Health to implement the

10 Compassionate Use of Medical Cannabis Program and Opioid

11 Alternative Pilot Program requirements and ensure access

12 to medical cannabis for patients with debilitating medical

13 conditions in accordance with the Compassionate Use of

14 Medical Cannabis Program Act.

15 (18) This Code does not apply to any procurements

16 necessary for the Department of Agriculture, the

17 Department of Financial and Professional Regulation, the

18 Department of Human Services, the Department of Commerce

19 and Economic Opportunity, and the Department of Public

20 Health to implement the Cannabis Regulation and Tax Act if

21 the applicable agency has made a good faith determination

22 that it is necessary and appropriate for the expenditure

23 to fall within this exemption and if the process is

24 conducted in a manner substantially in accordance with the

25 requirements of Sections 20-160, 25-60, 30-22, 50-5,

26 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,

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1 50-36, 50-37, 50-38, and 50-50 of this Code; however, for

2 Section 50-35, compliance applies only to contracts or

3 subcontracts over $100,000. Notice of each contract

4 entered into under this paragraph (18) that is related to

5 the procurement of goods and services identified in

6 paragraph (1) through (9) of this subsection shall be

7 published in the Procurement Bulletin within 14 calendar

8 days after contract execution. The Chief Procurement

9 Officer shall prescribe the form and content of the

10 notice. Each agency shall provide the Chief Procurement

11 Officer, on a monthly basis, in the form and content

12 prescribed by the Chief Procurement Officer, a report of

13 contracts that are related to the procurement of goods and

14 services identified in this subsection. At a minimum, this

15 report shall include the name of the contractor, a

16 description of the supply or service provided, the total

17 amount of the contract, the term of the contract, and the

18 exception to this Code utilized. A copy of any or all of

19 these contracts shall be made available to the Chief

20 Procurement Officer immediately upon request. The Chief

21 Procurement Officer shall submit a report to the Governor

22 and General Assembly no later than November 1 of each year

23 that includes, at a minimum, an annual summary of the

24 monthly information reported to the Chief Procurement

25 Officer. This exemption becomes inoperative 5 years after

26 June 25, 2019 (the effective date of Public Act 101-27).

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1 (19) Acquisition of modifications or adjustments,

2 limited to assistive technology devices and assistive

3 technology services, adaptive equipment, repairs, and

4 replacement parts to provide reasonable accommodations (i)

5 that enable a qualified applicant with a disability to

6 complete the job application process and be considered for

7 the position such qualified applicant desires, (ii) that

8 modify or adjust the work environment to enable a

9 qualified current employee with a disability to perform

10 the essential functions of the position held by that

11 employee, (iii) to enable a qualified current employee

12 with a disability to enjoy equal benefits and privileges

13 of employment as are enjoyed by other similarly situated

14 employees without disabilities, and (iv) that allow a

15 customer, client, claimant, or member of the public

16 seeking State services full use and enjoyment of and

17 access to its programs, services, or benefits.

18 For purposes of this paragraph (19):

19 "Assistive technology devices" means any item, piece

20 of equipment, or product system, whether acquired

21 commercially off the shelf, modified, or customized, that

22 is used to increase, maintain, or improve functional

23 capabilities of individuals with disabilities.

24 "Assistive technology services" means any service that

25 directly assists an individual with a disability in

26 selection, acquisition, or use of an assistive technology

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1 device.

2 "Qualified" has the same meaning and use as provided

3 under the federal Americans with Disabilities Act when

4 describing an individual with a disability.

5 (20) Procurement expenditures necessary for the

6 Illinois Commerce Commission to hire third-party

7 facilitators pursuant to Sections 16-105.17 and 16-108.18

8 of the Public Utilities Act or an ombudsman pursuant to

9 Section 16-107.5 of the Public Utilities Act, a

10 facilitator pursuant to Section 16-105.17 of the Public

11 Utilities Act, or a grid auditor pursuant to Section

12 16-105.10 of the Public Utilities Act.

13 (21) Procurement expenditures for the purchase,

14 renewal, and expansion of software, software licenses, or

15 software maintenance agreements that support the efforts

16 of the Illinois State Police to enforce, regulate, and

17 administer the Firearm Owners Identification Card Act, the

18 Firearm Concealed Carry Act, the Firearms Restraining

19 Order Act, ~~the Firearm Dealer License Certification Act,~~

20 the Law Enforcement Agencies Data System (LEADS), the

21 Uniform Crime Reporting Act, the Criminal Identification

22 Act, the Illinois Uniform Conviction Information Act, and

23 the Gun Trafficking Information Act, or establish or

24 maintain record management systems necessary to conduct

25 human trafficking investigations or gun trafficking or

26 other stolen firearm investigations. This paragraph (21)

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1 applies to contracts entered into on or after January 10,

2 2023 (the effective date of Public Act 102-1116) and the

3 renewal of contracts that are in effect on January 10,

4 2023 (the effective date of Public Act 102-1116).

5 (22) Contracts for project management services and

6 system integration services required for the completion of

7 the State's enterprise resource planning project. This

8 exemption becomes inoperative 5 years after June 7, 2023

9 (the effective date of the changes made to this Section by

10 Public Act 103-8). This paragraph (22) applies to

11 contracts entered into on or after June 7, 2023 (the

12 effective date of the changes made to this Section by

13 Public Act 103-8) and the renewal of contracts that are in

14 effect on June 7, 2023 (the effective date of the changes

15 made to this Section by Public Act 103-8).

16 (23) Procurements necessary for the Department of

17 Insurance to implement the Illinois Health Benefits

18 Exchange Law if the Department of Insurance has made a

19 good faith determination that it is necessary and

20 appropriate for the expenditure to fall within this

21 exemption. The procurement process shall be conducted in a

22 manner substantially in accordance with the requirements

23 of Sections 20-160 and 25-60 and Article 50 of this Code. A

24 copy of these contracts shall be made available to the

25 Chief Procurement Officer immediately upon request. This

26 paragraph is inoperative 5 years after June 27, 2023 (the

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1 effective date of Public Act 103-103).

2 (24) Contracts for public education programming,

3 noncommercial sustaining announcements, public service

4 announcements, and public awareness and education

5 messaging with the nonprofit trade associations of the

6 providers of those services that inform the public on

7 immediate and ongoing health and safety risks and hazards.

8 (25) Procurements necessary for the Department of

9 Early Childhood to implement the Department of Early

10 Childhood Act if the Department has made a good faith

11 determination that it is necessary and appropriate for the

12 expenditure to fall within this exemption. This exemption

13 shall only be used for products and services procured

14 solely for use by the Department of Early Childhood. The

15 procurements may include those necessary to design and

16 build integrated, operational systems of programs and

17 services. The procurements may include, but are not

18 limited to, those necessary to align and update program

19 standards, integrate funding systems, design and establish

20 data and reporting systems, align and update models for

21 technical assistance and professional development, design

22 systems to manage grants and ensure compliance, design and

23 implement management and operational structures, and

24 establish new means of engaging with families, educators,

25 providers, and stakeholders. The procurement processes

26 shall be conducted in a manner substantially in accordance

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1 with the requirements of Article 50 (ethics) and Sections

2 5-5 (Procurement Policy Board), 5-7 (Commission on Equity

3 and Inclusion), 20-80 (contract files), 20-120

4 (subcontractors), 20-155 (paperwork), 20-160

5 (ethics/campaign contribution prohibitions), 25-60

6 (prevailing wage), and 25-90 (prohibited and authorized

7 cybersecurity) of this Code. Beginning January 1, 2025,

8 the Department of Early Childhood shall provide a

9 quarterly report to the General Assembly detailing a list

10 of expenditures and contracts for which the Department

11 uses this exemption. This paragraph is inoperative on and

12 after July 1, 2027.

13 (26) ~~(25)~~ Procurements that are necessary for

14 increasing the recruitment and retention of State

15 employees, particularly minority candidates for

16 employment, including:

17 (A) procurements related to registration fees for

18 job fairs and other outreach and recruitment events;

19 (B) production of recruitment materials; and

20 (C) other services related to recruitment and

21 retention of State employees.

22 The exemption under this paragraph (26) ~~(25)~~ applies

23 only if the State agency has made a good faith

24 determination that it is necessary and appropriate for the

25 expenditure to fall within this paragraph (26) ~~(25)~~. The

26 procurement process under this paragraph (26) ~~(25)~~ shall

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1 be conducted in a manner substantially in accordance with

2 the requirements of Sections 20-160 and 25-60 and Article

3 50 of this Code. A copy of these contracts shall be made

4 available to the Chief Procurement Officer immediately

5 upon request. Nothing in this paragraph (26) ~~(25)~~

6 authorizes the replacement or diminishment of State

7 responsibilities in hiring or the positions that

8 effectuate that hiring. This paragraph (26) ~~(25)~~ is

9 inoperative on and after June 30, 2029.

10 Notwithstanding any other provision of law, for contracts

11 with an annual value of more than $100,000 entered into on or

12 after October 1, 2017 under an exemption provided in any

13 paragraph of this subsection (b), except paragraph (1), (2),

14 or (5), each State agency shall post to the appropriate

15 procurement bulletin the name of the contractor, a description

16 of the supply or service provided, the total amount of the

17 contract, the term of the contract, and the exception to the

18 Code utilized. The chief procurement officer shall submit a

19 report to the Governor and General Assembly no later than

20 November 1 of each year that shall include, at a minimum, an

21 annual summary of the monthly information reported to the

22 chief procurement officer.

23 (c) This Code does not apply to the electric power

24 procurement process provided for under Section 1-75 of the

25 Illinois Power Agency Act and Section 16-111.5 of the Public

26 Utilities Act. This Code does not apply to the procurement of

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1 technical and policy experts pursuant to Section 1-129 of the

2 Illinois Power Agency Act.

3 (d) Except for Section 20-160 and Article 50 of this Code,

4 and as expressly required by Section 9.1 of the Illinois

5 Lottery Law, the provisions of this Code do not apply to the

6 procurement process provided for under Section 9.1 of the

7 Illinois Lottery Law.

8 (e) This Code does not apply to the process used by the

9 Capital Development Board to retain a person or entity to

10 assist the Capital Development Board with its duties related

11 to the determination of costs of a clean coal SNG brownfield

12 facility, as defined by Section 1-10 of the Illinois Power

13 Agency Act, as required in subsection (h-3) of Section 9-220

14 of the Public Utilities Act, including calculating the range

15 of capital costs, the range of operating and maintenance

16 costs, or the sequestration costs or monitoring the

17 construction of clean coal SNG brownfield facility for the

18 full duration of construction.

19 (f) (Blank).

20 (g) (Blank).

21 (h) This Code does not apply to the process to procure or

22 contracts entered into in accordance with Sections 11-5.2 and

23 11-5.3 of the Illinois Public Aid Code.

24 (i) Each chief procurement officer may access records

25 necessary to review whether a contract, purchase, or other

26 expenditure is or is not subject to the provisions of this

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1 Code, unless such records would be subject to attorney-client

2 privilege.

3 (j) This Code does not apply to the process used by the

4 Capital Development Board to retain an artist or work or works

5 of art as required in Section 14 of the Capital Development

6 Board Act.

7 (k) This Code does not apply to the process to procure

8 contracts, or contracts entered into, by the State Board of

9 Elections or the State Electoral Board for hearing officers

10 appointed pursuant to the Election Code.

11 (l) This Code does not apply to the processes used by the

12 Illinois Student Assistance Commission to procure supplies and

13 services paid for from the private funds of the Illinois

14 Prepaid Tuition Fund. As used in this subsection (l), "private

15 funds" means funds derived from deposits paid into the

16 Illinois Prepaid Tuition Trust Fund and the earnings thereon.

17 (m) This Code shall apply regardless of the source of

18 funds with which contracts are paid, including federal

19 assistance moneys. Except as specifically provided in this

20 Code, this Code shall not apply to procurement expenditures

21 necessary for the Department of Public Health to conduct the

22 Healthy Illinois Survey in accordance with Section 2310-431 of

23 the Department of Public Health Powers and Duties Law of the

24 Civil Administrative Code of Illinois.

25 (Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22;

26 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff.

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1 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;

2 102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff.

3 6-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; 103-594,

4 eff. 6-25-24; 103-605, eff. 7-1-24; 103-865, eff. 1-1-25;

5 revised 11-26-24.)

6 (430 ILCS 68/Act rep.)

7 Section 20. The Firearm Dealer License Certification Act

8 is repealed.

9 Section 25. The Criminal Code of 2012 is amended by

10 changing Section 24-5.1 as follows:

11 (720 ILCS 5/24-5.1)

12 Sec. 24-5.1. Serialization of unfinished frames or

13 receivers; prohibition on unserialized firearms; exceptions;

14 penalties.

15 (a) In this Section:

16 "Bona fide supplier" means an established business entity

17 engaged in the development and sale of firearms parts to one or

18 more federal firearms manufacturers or federal firearms

19 importers.

20 "Federal firearms dealer" means a licensed manufacturer

21 pursuant to 18 U.S.C. 921(a)(11).

22 "Federal firearms importer" means a licensed importer

23 pursuant to 18 U.S.C. 921(a)(9).

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1 "Federal firearms manufacturer" means a licensed

2 manufacturer pursuant to 18 U.S.C. 921(a)(10).

3 "Frame or receiver" means a part of a firearm that, when

4 the complete weapon is assembled, is visible from the exterior

5 and provides housing or a structure designed to hold or

6 integrate one or more fire control components, even if pins or

7 other attachments are required to connect those components to

8 the housing or structure. For models of firearms in which

9 multiple parts provide such housing or structure, the part or

10 parts that the Director of the federal Bureau of Alcohol,

11 Tobacco, Firearms and Explosives has determined are a frame or

12 receiver constitute the frame or receiver. For purposes of

13 this definition, "fire control component" means a component

14 necessary for the firearm to initiate, complete, or continue

15 the firing sequence, including any of the following: hammer,

16 bolt, bolt carrier, breechblock, cylinder, trigger mechanism,

17 firing pin, striker, or slide rails.

18 "Security exemplar" means an object to be fabricated at

19 the direction of the United States Attorney General that is

20 (1) constructed of 3.7 ounces of material type 17-4 PH

21 stainless steel in a shape resembling a handgun and (2)

22 suitable for testing and calibrating metal detectors.

23 "Three-dimensional printer" means a computer or

24 computer-drive machine capable of producing a

25 three-dimensional object from a digital model.

26 "Undetectable firearm" means (1) a firearm constructed

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1 entirely of non-metal substances; (2) a firearm that, after

2 removal of all parts but the major components of the firearm,

3 is not detectable by walk-through metal detectors calibrated

4 and operated to detect the security exemplar; or (3) a firearm

5 that includes a major component of a firearm, which, if

6 subject to the types of detection devices commonly used at

7 airports for security screening, would not generate an image

8 that accurately depicts the shape of the component.

9 "Undetectable firearm" does not include a firearm subject to

10 the provisions of 18 U.S.C. 922(p)(3) through (6).

11 "Unfinished frame or receiver" means any forging, casting,

12 printing, extrusion, machined body, or similar article that:

13 (1) has reached a stage in manufacture where it may

14 readily be completed, assembled, or converted to be a

15 functional firearm; or

16 (2) is marketed or sold to the public to become or be

17 used as the frame or receiver of a functional firearm once

18 completed, assembled, or converted.

19 "Unserialized" means lacking a serial number imprinted by:

20 (1) a federal firearms manufacturer, federal firearms

21 importer, federal firearms dealer, or other federal

22 licensee authorized to provide marking services, pursuant

23 to a requirement under federal law; or

24 (2) a federal firearms dealer or other federal

25 licensee authorized to provide marking services pursuant

26 to subsection (f) of this Section.

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1 (b) It is unlawful for any person to knowingly sell, offer

2 to sell, or transfer an unserialized unfinished frame or

3 receiver or unserialized firearm, including those produced

4 using a three-dimensional printer, unless the party purchasing

5 or receiving the unfinished frame or receiver or unserialized

6 firearm is a federal firearms importer, federal firearms

7 manufacturer, or federal firearms dealer.

8 (c) Beginning 180 days after May 18, 2022 (the effective

9 date of Public Act 102-889), it is unlawful for any person to

10 knowingly possess, transport, or receive an unfinished frame

11 or receiver, unless:

12 (1) the party possessing or receiving the unfinished

13 frame or receiver is a federal firearms importer or

14 federal firearms manufacturer;

15 (2) the unfinished frame or receiver is possessed or

16 transported by a person for transfer to a federal firearms

17 importer or federal firearms manufacturer; or

18 (3) the unfinished frame or receiver has been

19 imprinted with a serial number issued by a federal

20 firearms importer or federal firearms manufacturer in

21 compliance with subsection (f) of this Section.

22 (d) Beginning 180 days after May 18, 2022 (the effective

23 date of Public Act 102-889), unless the party receiving the

24 firearm is a federal firearms importer or federal firearms

25 manufacturer, it is unlawful for any person to knowingly

26 possess, purchase, transport, or receive a firearm that is not

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1 imprinted with a serial number by (1) a federal firearms

2 importer or federal firearms manufacturer in compliance with

3 all federal laws and regulations regulating the manufacture

4 and import of firearms or (2) a federal firearms manufacturer,

5 federal firearms dealer, or other federal licensee authorized

6 to provide marking services in compliance with the

7 unserialized firearm serialization process under subsection

8 (f) of this Section.

9 (e) Any firearm or unfinished frame or receiver

10 manufactured using a three-dimensional printer must also be

11 serialized in accordance with the requirements of subsection

12 (f) within 30 days after May 18, 2022 (the effective date of

13 Public Act 102-889), or prior to reaching a stage of

14 manufacture where it may be readily completed, assembled, or

15 converted to be a functional firearm.

16 (f) Unserialized unfinished frames or receivers and

17 unserialized firearms serialized pursuant to this Section

18 shall be serialized in compliance with all of the following:

19 (1) An unserialized unfinished frame or receiver and

20 unserialized firearm shall be serialized by a federally

21 licensed firearms dealer or other federal licensee

22 authorized to provide marking services with the licensee's

23 abbreviated federal firearms license number as a prefix

24 (which is the first 3 and last 5 digits) followed by a

25 hyphen, and then followed by a number as a suffix, such as

26 12345678-(number). The serial number or numbers must be

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1 placed in a manner that accords with the requirements

2 under federal law for affixing serial numbers to firearms,

3 including the requirements that the serial number or

4 numbers be at the minimum size and depth, and not

5 susceptible to being readily obliterated, altered, or

6 removed, and the licensee must retain records that accord

7 with the requirements under federal law in the case of the

8 sale of a firearm. The imprinting of any serial number

9 upon an undetectable firearm must be done on a steel

10 plaque in compliance with 18 U.S.C. 922(p).

11 (2) Every federally licensed firearms dealer or other

12 federal licensee that engraves, casts, stamps, or

13 otherwise conspicuously and permanently places a unique

14 serial number pursuant to this Section shall maintain a

15 record of such indefinitely. ~~Licensees subject to the~~

16 ~~Firearm Dealer License Certification Act shall make all~~

17 ~~records accessible for inspection upon the request of the~~

18 ~~Illinois State Police or a law enforcement agency in~~

19 ~~accordance with Section 5-35 of the Firearm Dealer License~~

20 ~~Certification Act.~~

21 (3) Every federally licensed firearms dealer or other

22 federal licensee that engraves, casts, stamps, or

23 otherwise conspicuously and permanently places a unique

24 serial number pursuant to this Section shall record it at

25 the time of every transaction involving the transfer of a

26 firearm, rifle, shotgun, finished frame or receiver, or

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1 unfinished frame or receiver that has been so marked in

2 compliance with the federal guidelines set forth in 27 CFR

3 478.124.

4 (4) Every federally licensed firearms dealer or other

5 federal licensee that engraves, casts, stamps, or

6 otherwise conspicuously and permanently places a unique

7 serial number pursuant to this Section shall review and

8 confirm the validity of the owner's Firearm Owner's

9 Identification Card issued under the Firearm Owners

10 Identification Card Act prior to returning the firearm to

11 the owner.

12 (g) Within 30 days after May 18, 2022 (the effective date

13 of Public Act 102-889), the Director of the Illinois State

14 Police shall issue a public notice regarding the provisions of

15 this Section. The notice shall include posting on the Illinois

16 State Police website and may include written notification or

17 any other means of communication statewide to all

18 Illinois-based federal firearms manufacturers, federal

19 firearms dealers, or other federal licensees authorized to

20 provide marking services in compliance with the serialization

21 process in subsection (f) in order to educate the public.

22 (h) Exceptions. This Section does not apply to an

23 unserialized unfinished frame or receiver or an unserialized

24 firearm that:

25 (1) has been rendered permanently inoperable;

26 (2) is an antique firearm, as defined in 18 U.S.C.

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1 921(a)(16);

2 (3) was manufactured prior to October 22, 1968;

3 (4) is an unfinished frame or receiver and is

4 possessed by a bona fide supplier exclusively for transfer

5 to a federal firearms manufacturer or federal firearms

6 importer, or is possessed by a federal firearms

7 manufacturer or federal firearms importer in compliance

8 with all federal laws and regulations regulating the

9 manufacture and import of firearms; except this exemption

10 does not apply if an unfinished frame or receiver is

11 possessed for transfer or is transferred to a person other

12 than a federal firearms manufacturer or federal firearms

13 importer; or

14 (5) is possessed by a person who received the

15 unserialized unfinished frame or receiver or unserialized

16 firearm through inheritance, and is not otherwise

17 prohibited from possessing the unserialized unfinished

18 frame or receiver or unserialized firearm, for a period

19 not exceeding 30 days after inheriting the unserialized

20 unfinished frame or receiver or unserialized firearm.

21 (i) Penalties.

22 (1) A person who violates subsection (c) or (d) is

23 guilty of a Class A misdemeanor for a first violation and

24 is guilty of a Class 3 felony for a second or subsequent

25 violation.

26 (2) A person who violates subsection (b) is guilty of

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1 a Class 4 felony for a first violation and is guilty of a

2 Class 2 felony for a second or subsequent violation.

3 (Source: P.A. 102-889, eff. 5-18-22; 103-605, eff. 7-1-24.)