Illinois 2023-2024 Regular Session

Illinois House Bill HB4744 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4744 Introduced , by Rep. Laura Faver Dias SYNOPSIS AS INTRODUCED: 5 ILCS 140/7430 ILCS 65/14.1 new430 ILCS 65/14.2 new430 ILCS 65/14.3 new430 ILCS 65/14.4 new430 ILCS 68/5-20 Provides that the Act may be referred to as the Voluntary Do Not Sell Firearms Act. Amends the Firearm Owners Identification Card Act. Provides that a person may voluntarily waive his or her firearm rights by filing a voluntary waiver, in a form determined by the Illinois State Police, with the clerk of a circuit court. Provides that the person shall also surrender any current Firearm Owner's Identification Card or concealed carry license that has been issued to the person. Provides that the clerk of the circuit court must request a physical or scanned copy of photo identification to verify the person's identity prior to accepting the form. Provides that the person filing the form may provide the name of a family member, mental health professional, substance use disorder professional, or other person to be contacted if the filer attempts to purchase a firearm while the voluntary waiver of firearm rights is in effect or if the filer applies to have the voluntary waiver revoked. Provides that a person who has filed a voluntary waiver of firearm rights may file a revocation of the voluntary waiver if at least 7 calendar days have passed since the voluntary waiver was initially filed. Provides that a person who knowingly makes a false statement regarding the person's identity on the voluntary waiver of firearm rights form or revocation of waiver of firearm rights form is guilty of a Class 2 felony. Provides that the Illinois State Police shall develop a voluntary waiver of firearm rights form, a revocation of voluntary waiver of firearm rights form, and instructions for the surrender of firearms. Provides that records produced pursuant to the amendatory Act are not subject to disclosure as public records under the Freedom of Information Act. Amends the Freedom of Information Act and the Firearm Dealer License Certification Act to make conforming changes. Effective immediately. LRB103 37202 RLC 67321 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4744 Introduced , by Rep. Laura Faver Dias SYNOPSIS AS INTRODUCED: 5 ILCS 140/7430 ILCS 65/14.1 new430 ILCS 65/14.2 new430 ILCS 65/14.3 new430 ILCS 65/14.4 new430 ILCS 68/5-20 5 ILCS 140/7 430 ILCS 65/14.1 new 430 ILCS 65/14.2 new 430 ILCS 65/14.3 new 430 ILCS 65/14.4 new 430 ILCS 68/5-20 Provides that the Act may be referred to as the Voluntary Do Not Sell Firearms Act. Amends the Firearm Owners Identification Card Act. Provides that a person may voluntarily waive his or her firearm rights by filing a voluntary waiver, in a form determined by the Illinois State Police, with the clerk of a circuit court. Provides that the person shall also surrender any current Firearm Owner's Identification Card or concealed carry license that has been issued to the person. Provides that the clerk of the circuit court must request a physical or scanned copy of photo identification to verify the person's identity prior to accepting the form. Provides that the person filing the form may provide the name of a family member, mental health professional, substance use disorder professional, or other person to be contacted if the filer attempts to purchase a firearm while the voluntary waiver of firearm rights is in effect or if the filer applies to have the voluntary waiver revoked. Provides that a person who has filed a voluntary waiver of firearm rights may file a revocation of the voluntary waiver if at least 7 calendar days have passed since the voluntary waiver was initially filed. Provides that a person who knowingly makes a false statement regarding the person's identity on the voluntary waiver of firearm rights form or revocation of waiver of firearm rights form is guilty of a Class 2 felony. Provides that the Illinois State Police shall develop a voluntary waiver of firearm rights form, a revocation of voluntary waiver of firearm rights form, and instructions for the surrender of firearms. Provides that records produced pursuant to the amendatory Act are not subject to disclosure as public records under the Freedom of Information Act. Amends the Freedom of Information Act and the Firearm Dealer License Certification Act to make conforming changes. Effective immediately. LRB103 37202 RLC 67321 b LRB103 37202 RLC 67321 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4744 Introduced , by Rep. Laura Faver Dias SYNOPSIS AS INTRODUCED:
3	3	5 ILCS 140/7430 ILCS 65/14.1 new430 ILCS 65/14.2 new430 ILCS 65/14.3 new430 ILCS 65/14.4 new430 ILCS 68/5-20 5 ILCS 140/7 430 ILCS 65/14.1 new 430 ILCS 65/14.2 new 430 ILCS 65/14.3 new 430 ILCS 65/14.4 new 430 ILCS 68/5-20
4	4	5 ILCS 140/7
5	5	430 ILCS 65/14.1 new
6	6	430 ILCS 65/14.2 new
7	7	430 ILCS 65/14.3 new
8	8	430 ILCS 65/14.4 new
9	9	430 ILCS 68/5-20
10	10	Provides that the Act may be referred to as the Voluntary Do Not Sell Firearms Act. Amends the Firearm Owners Identification Card Act. Provides that a person may voluntarily waive his or her firearm rights by filing a voluntary waiver, in a form determined by the Illinois State Police, with the clerk of a circuit court. Provides that the person shall also surrender any current Firearm Owner's Identification Card or concealed carry license that has been issued to the person. Provides that the clerk of the circuit court must request a physical or scanned copy of photo identification to verify the person's identity prior to accepting the form. Provides that the person filing the form may provide the name of a family member, mental health professional, substance use disorder professional, or other person to be contacted if the filer attempts to purchase a firearm while the voluntary waiver of firearm rights is in effect or if the filer applies to have the voluntary waiver revoked. Provides that a person who has filed a voluntary waiver of firearm rights may file a revocation of the voluntary waiver if at least 7 calendar days have passed since the voluntary waiver was initially filed. Provides that a person who knowingly makes a false statement regarding the person's identity on the voluntary waiver of firearm rights form or revocation of waiver of firearm rights form is guilty of a Class 2 felony. Provides that the Illinois State Police shall develop a voluntary waiver of firearm rights form, a revocation of voluntary waiver of firearm rights form, and instructions for the surrender of firearms. Provides that records produced pursuant to the amendatory Act are not subject to disclosure as public records under the Freedom of Information Act. Amends the Freedom of Information Act and the Firearm Dealer License Certification Act to make conforming changes. Effective immediately.
11	11	LRB103 37202 RLC 67321 b LRB103 37202 RLC 67321 b
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13	13	A BILL FOR
14	14	HB4744LRB103 37202 RLC 67321 b HB4744 LRB103 37202 RLC 67321 b
15	15	HB4744 LRB103 37202 RLC 67321 b
16	16	1 AN ACT concerning safety.
17	17	2 Be it enacted by the People of the State of Illinois,
18	18	3 represented in the General Assembly:
19	19	4 Section 1. This Act may be referred to as the Voluntary Do
20	20	5 Not Sell Firearms Act.
21	21	6 Section 5. The Freedom of Information Act is amended by
22	22	7 changing Section 7 as follows:
23	23	8 (5 ILCS 140/7)
24	24	9 Sec. 7. Exemptions.
25	25	10 (1) When a request is made to inspect or copy a public
26	26	11 record that contains information that is exempt from
27	27	12 disclosure under this Section, but also contains information
28	28	13 that is not exempt from disclosure, the public body may elect
29	29	14 to redact the information that is exempt. The public body
30	30	15 shall make the remaining information available for inspection
31	31	16 and copying. Subject to this requirement, the following shall
32	32	17 be exempt from inspection and copying:
33	33	18 (a) Information specifically prohibited from
34	34	19 disclosure by federal or State law or rules and
35	35	20 regulations implementing federal or State law.
36	36	21 (b) Private information, unless disclosure is required
37	37	22 by another provision of this Act, a State or federal law,
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41	41	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4744 Introduced , by Rep. Laura Faver Dias SYNOPSIS AS INTRODUCED:
42	42	5 ILCS 140/7430 ILCS 65/14.1 new430 ILCS 65/14.2 new430 ILCS 65/14.3 new430 ILCS 65/14.4 new430 ILCS 68/5-20 5 ILCS 140/7 430 ILCS 65/14.1 new 430 ILCS 65/14.2 new 430 ILCS 65/14.3 new 430 ILCS 65/14.4 new 430 ILCS 68/5-20
43	43	5 ILCS 140/7
44	44	430 ILCS 65/14.1 new
45	45	430 ILCS 65/14.2 new
46	46	430 ILCS 65/14.3 new
47	47	430 ILCS 65/14.4 new
48	48	430 ILCS 68/5-20
49	49	Provides that the Act may be referred to as the Voluntary Do Not Sell Firearms Act. Amends the Firearm Owners Identification Card Act. Provides that a person may voluntarily waive his or her firearm rights by filing a voluntary waiver, in a form determined by the Illinois State Police, with the clerk of a circuit court. Provides that the person shall also surrender any current Firearm Owner's Identification Card or concealed carry license that has been issued to the person. Provides that the clerk of the circuit court must request a physical or scanned copy of photo identification to verify the person's identity prior to accepting the form. Provides that the person filing the form may provide the name of a family member, mental health professional, substance use disorder professional, or other person to be contacted if the filer attempts to purchase a firearm while the voluntary waiver of firearm rights is in effect or if the filer applies to have the voluntary waiver revoked. Provides that a person who has filed a voluntary waiver of firearm rights may file a revocation of the voluntary waiver if at least 7 calendar days have passed since the voluntary waiver was initially filed. Provides that a person who knowingly makes a false statement regarding the person's identity on the voluntary waiver of firearm rights form or revocation of waiver of firearm rights form is guilty of a Class 2 felony. Provides that the Illinois State Police shall develop a voluntary waiver of firearm rights form, a revocation of voluntary waiver of firearm rights form, and instructions for the surrender of firearms. Provides that records produced pursuant to the amendatory Act are not subject to disclosure as public records under the Freedom of Information Act. Amends the Freedom of Information Act and the Firearm Dealer License Certification Act to make conforming changes. Effective immediately.
50	50	LRB103 37202 RLC 67321 b LRB103 37202 RLC 67321 b
51	51	LRB103 37202 RLC 67321 b
52	52	A BILL FOR
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58	58	5 ILCS 140/7
59	59	430 ILCS 65/14.1 new
60	60	430 ILCS 65/14.2 new
61	61	430 ILCS 65/14.3 new
62	62	430 ILCS 65/14.4 new
63	63	430 ILCS 68/5-20
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82	82	1 or a court order.
83	83	2 (b-5) Files, documents, and other data or databases
84	84	3 maintained by one or more law enforcement agencies and
85	85	4 specifically designed to provide information to one or
86	86	5 more law enforcement agencies regarding the physical or
87	87	6 mental status of one or more individual subjects.
88	88	7 (c) Personal information contained within public
89	89	8 records, the disclosure of which would constitute a
90	90	9 clearly unwarranted invasion of personal privacy, unless
91	91	10 the disclosure is consented to in writing by the
92	92	11 individual subjects of the information. "Unwarranted
93	93	12 invasion of personal privacy" means the disclosure of
94	94	13 information that is highly personal or objectionable to a
95	95	14 reasonable person and in which the subject's right to
96	96	15 privacy outweighs any legitimate public interest in
97	97	16 obtaining the information. The disclosure of information
98	98	17 that bears on the public duties of public employees and
99	99	18 officials shall not be considered an invasion of personal
100	100	19 privacy.
101	101	20 (d) Records in the possession of any public body
102	102	21 created in the course of administrative enforcement
103	103	22 proceedings, and any law enforcement or correctional
104	104	23 agency for law enforcement purposes, but only to the
105	105	24 extent that disclosure would:
106	106	25 (i) interfere with pending or actually and
107	107	26 reasonably contemplated law enforcement proceedings
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118	118	1 conducted by any law enforcement or correctional
119	119	2 agency that is the recipient of the request;
120	120	3 (ii) interfere with active administrative
121	121	4 enforcement proceedings conducted by the public body
122	122	5 that is the recipient of the request;
123	123	6 (iii) create a substantial likelihood that a
124	124	7 person will be deprived of a fair trial or an impartial
125	125	8 hearing;
126	126	9 (iv) unavoidably disclose the identity of a
127	127	10 confidential source, confidential information
128	128	11 furnished only by the confidential source, or persons
129	129	12 who file complaints with or provide information to
130	130	13 administrative, investigative, law enforcement, or
131	131	14 penal agencies; except that the identities of
132	132	15 witnesses to traffic crashes, traffic crash reports,
133	133	16 and rescue reports shall be provided by agencies of
134	134	17 local government, except when disclosure would
135	135	18 interfere with an active criminal investigation
136	136	19 conducted by the agency that is the recipient of the
137	137	20 request;
138	138	21 (v) disclose unique or specialized investigative
139	139	22 techniques other than those generally used and known
140	140	23 or disclose internal documents of correctional
141	141	24 agencies related to detection, observation, or
142	142	25 investigation of incidents of crime or misconduct, and
143	143	26 disclosure would result in demonstrable harm to the
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154	154	1 agency or public body that is the recipient of the
155	155	2 request;
156	156	3 (vi) endanger the life or physical safety of law
157	157	4 enforcement personnel or any other person; or
158	158	5 (vii) obstruct an ongoing criminal investigation
159	159	6 by the agency that is the recipient of the request.
160	160	7 (d-5) A law enforcement record created for law
161	161	8 enforcement purposes and contained in a shared electronic
162	162	9 record management system if the law enforcement agency
163	163	10 that is the recipient of the request did not create the
164	164	11 record, did not participate in or have a role in any of the
165	165	12 events which are the subject of the record, and only has
166	166	13 access to the record through the shared electronic record
167	167	14 management system.
168	168	15 (d-6) Records contained in the Officer Professional
169	169	16 Conduct Database under Section 9.2 of the Illinois Police
170	170	17 Training Act, except to the extent authorized under that
171	171	18 Section. This includes the documents supplied to the
172	172	19 Illinois Law Enforcement Training Standards Board from the
173	173	20 Illinois State Police and Illinois State Police Merit
174	174	21 Board.
175	175	22 (d-7) Information gathered or records created from the
176	176	23 use of automatic license plate readers in connection with
177	177	24 Section 2-130 of the Illinois Vehicle Code.
178	178	25 (e) Records that relate to or affect the security of
179	179	26 correctional institutions and detention facilities.
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190	190	1 (e-5) Records requested by persons committed to the
191	191	2 Department of Corrections, Department of Human Services
192	192	3 Division of Mental Health, or a county jail if those
193	193	4 materials are available in the library of the correctional
194	194	5 institution or facility or jail where the inmate is
195	195	6 confined.
196	196	7 (e-6) Records requested by persons committed to the
197	197	8 Department of Corrections, Department of Human Services
198	198	9 Division of Mental Health, or a county jail if those
199	199	10 materials include records from staff members' personnel
200	200	11 files, staff rosters, or other staffing assignment
201	201	12 information.
202	202	13 (e-7) Records requested by persons committed to the
203	203	14 Department of Corrections or Department of Human Services
204	204	15 Division of Mental Health if those materials are available
205	205	16 through an administrative request to the Department of
206	206	17 Corrections or Department of Human Services Division of
207	207	18 Mental Health.
208	208	19 (e-8) Records requested by a person committed to the
209	209	20 Department of Corrections, Department of Human Services
210	210	21 Division of Mental Health, or a county jail, the
211	211	22 disclosure of which would result in the risk of harm to any
212	212	23 person or the risk of an escape from a jail or correctional
213	213	24 institution or facility.
214	214	25 (e-9) Records requested by a person in a county jail
215	215	26 or committed to the Department of Corrections or
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226	226	1 Department of Human Services Division of Mental Health,
227	227	2 containing personal information pertaining to the person's
228	228	3 victim or the victim's family, including, but not limited
229	229	4 to, a victim's home address, home telephone number, work
230	230	5 or school address, work telephone number, social security
231	231	6 number, or any other identifying information, except as
232	232	7 may be relevant to a requester's current or potential case
233	233	8 or claim.
234	234	9 (e-10) Law enforcement records of other persons
235	235	10 requested by a person committed to the Department of
236	236	11 Corrections, Department of Human Services Division of
237	237	12 Mental Health, or a county jail, including, but not
238	238	13 limited to, arrest and booking records, mug shots, and
239	239	14 crime scene photographs, except as these records may be
240	240	15 relevant to the requester's current or potential case or
241	241	16 claim.
242	242	17 (f) Preliminary drafts, notes, recommendations,
243	243	18 memoranda, and other records in which opinions are
244	244	19 expressed, or policies or actions are formulated, except
245	245	20 that a specific record or relevant portion of a record
246	246	21 shall not be exempt when the record is publicly cited and
247	247	22 identified by the head of the public body. The exemption
248	248	23 provided in this paragraph (f) extends to all those
249	249	24 records of officers and agencies of the General Assembly
250	250	25 that pertain to the preparation of legislative documents.
251	251	26 (g) Trade secrets and commercial or financial
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262	262	1 information obtained from a person or business where the
263	263	2 trade secrets or commercial or financial information are
264	264	3 furnished under a claim that they are proprietary,
265	265	4 privileged, or confidential, and that disclosure of the
266	266	5 trade secrets or commercial or financial information would
267	267	6 cause competitive harm to the person or business, and only
268	268	7 insofar as the claim directly applies to the records
269	269	8 requested.
270	270	9 The information included under this exemption includes
271	271	10 all trade secrets and commercial or financial information
272	272	11 obtained by a public body, including a public pension
273	273	12 fund, from a private equity fund or a privately held
274	274	13 company within the investment portfolio of a private
275	275	14 equity fund as a result of either investing or evaluating
276	276	15 a potential investment of public funds in a private equity
277	277	16 fund. The exemption contained in this item does not apply
278	278	17 to the aggregate financial performance information of a
279	279	18 private equity fund, nor to the identity of the fund's
280	280	19 managers or general partners. The exemption contained in
281	281	20 this item does not apply to the identity of a privately
282	282	21 held company within the investment portfolio of a private
283	283	22 equity fund, unless the disclosure of the identity of a
284	284	23 privately held company may cause competitive harm.
285	285	24 Nothing contained in this paragraph (g) shall be
286	286	25 construed to prevent a person or business from consenting
287	287	26 to disclosure.
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298	298	1 (h) Proposals and bids for any contract, grant, or
299	299	2 agreement, including information which if it were
300	300	3 disclosed would frustrate procurement or give an advantage
301	301	4 to any person proposing to enter into a contractor
302	302	5 agreement with the body, until an award or final selection
303	303	6 is made. Information prepared by or for the body in
304	304	7 preparation of a bid solicitation shall be exempt until an
305	305	8 award or final selection is made.
306	306	9 (i) Valuable formulae, computer geographic systems,
307	307	10 designs, drawings, and research data obtained or produced
308	308	11 by any public body when disclosure could reasonably be
309	309	12 expected to produce private gain or public loss. The
310	310	13 exemption for "computer geographic systems" provided in
311	311	14 this paragraph (i) does not extend to requests made by
312	312	15 news media as defined in Section 2 of this Act when the
313	313	16 requested information is not otherwise exempt and the only
314	314	17 purpose of the request is to access and disseminate
315	315	18 information regarding the health, safety, welfare, or
316	316	19 legal rights of the general public.
317	317	20 (j) The following information pertaining to
318	318	21 educational matters:
319	319	22 (i) test questions, scoring keys, and other
320	320	23 examination data used to administer an academic
321	321	24 examination;
322	322	25 (ii) information received by a primary or
323	323	26 secondary school, college, or university under its
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334	334	1 procedures for the evaluation of faculty members by
335	335	2 their academic peers;
336	336	3 (iii) information concerning a school or
337	337	4 university's adjudication of student disciplinary
338	338	5 cases, but only to the extent that disclosure would
339	339	6 unavoidably reveal the identity of the student; and
340	340	7 (iv) course materials or research materials used
341	341	8 by faculty members.
342	342	9 (k) Architects' plans, engineers' technical
343	343	10 submissions, and other construction related technical
344	344	11 documents for projects not constructed or developed in
345	345	12 whole or in part with public funds and the same for
346	346	13 projects constructed or developed with public funds,
347	347	14 including, but not limited to, power generating and
348	348	15 distribution stations and other transmission and
349	349	16 distribution facilities, water treatment facilities,
350	350	17 airport facilities, sport stadiums, convention centers,
351	351	18 and all government owned, operated, or occupied buildings,
352	352	19 but only to the extent that disclosure would compromise
353	353	20 security.
354	354	21 (l) Minutes of meetings of public bodies closed to the
355	355	22 public as provided in the Open Meetings Act until the
356	356	23 public body makes the minutes available to the public
357	357	24 under Section 2.06 of the Open Meetings Act.
358	358	25 (m) Communications between a public body and an
359	359	26 attorney or auditor representing the public body that
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370	370	1 would not be subject to discovery in litigation, and
371	371	2 materials prepared or compiled by or for a public body in
372	372	3 anticipation of a criminal, civil, or administrative
373	373	4 proceeding upon the request of an attorney advising the
374	374	5 public body, and materials prepared or compiled with
375	375	6 respect to internal audits of public bodies.
376	376	7 (n) Records relating to a public body's adjudication
377	377	8 of employee grievances or disciplinary cases; however,
378	378	9 this exemption shall not extend to the final outcome of
379	379	10 cases in which discipline is imposed.
380	380	11 (o) Administrative or technical information associated
381	381	12 with automated data processing operations, including, but
382	382	13 not limited to, software, operating protocols, computer
383	383	14 program abstracts, file layouts, source listings, object
384	384	15 modules, load modules, user guides, documentation
385	385	16 pertaining to all logical and physical design of
386	386	17 computerized systems, employee manuals, and any other
387	387	18 information that, if disclosed, would jeopardize the
388	388	19 security of the system or its data or the security of
389	389	20 materials exempt under this Section.
390	390	21 (p) Records relating to collective negotiating matters
391	391	22 between public bodies and their employees or
392	392	23 representatives, except that any final contract or
393	393	24 agreement shall be subject to inspection and copying.
394	394	25 (q) Test questions, scoring keys, and other
395	395	26 examination data used to determine the qualifications of
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406	406	1 an applicant for a license or employment.
407	407	2 (r) The records, documents, and information relating
408	408	3 to real estate purchase negotiations until those
409	409	4 negotiations have been completed or otherwise terminated.
410	410	5 With regard to a parcel involved in a pending or actually
411	411	6 and reasonably contemplated eminent domain proceeding
412	412	7 under the Eminent Domain Act, records, documents, and
413	413	8 information relating to that parcel shall be exempt except
414	414	9 as may be allowed under discovery rules adopted by the
415	415	10 Illinois Supreme Court. The records, documents, and
416	416	11 information relating to a real estate sale shall be exempt
417	417	12 until a sale is consummated.
418	418	13 (s) Any and all proprietary information and records
419	419	14 related to the operation of an intergovernmental risk
420	420	15 management association or self-insurance pool or jointly
421	421	16 self-administered health and accident cooperative or pool.
422	422	17 Insurance or self-insurance (including any
423	423	18 intergovernmental risk management association or
424	424	19 self-insurance pool) claims, loss or risk management
425	425	20 information, records, data, advice, or communications.
426	426	21 (t) Information contained in or related to
427	427	22 examination, operating, or condition reports prepared by,
428	428	23 on behalf of, or for the use of a public body responsible
429	429	24 for the regulation or supervision of financial
430	430	25 institutions, insurance companies, or pharmacy benefit
431	431	26 managers, unless disclosure is otherwise required by State
432	432
433	433
434	434
435	435
436	436
437	437	HB4744 - 11 - LRB103 37202 RLC 67321 b
438	438
439	439
440	440	HB4744- 12 -LRB103 37202 RLC 67321 b HB4744 - 12 - LRB103 37202 RLC 67321 b
441	441	HB4744 - 12 - LRB103 37202 RLC 67321 b
442	442	1 law.
443	443	2 (u) Information that would disclose or might lead to
444	444	3 the disclosure of secret or confidential information,
445	445	4 codes, algorithms, programs, or private keys intended to
446	446	5 be used to create electronic signatures under the Uniform
447	447	6 Electronic Transactions Act.
448	448	7 (v) Vulnerability assessments, security measures, and
449	449	8 response policies or plans that are designed to identify,
450	450	9 prevent, or respond to potential attacks upon a
451	451	10 community's population or systems, facilities, or
452	452	11 installations, but only to the extent that disclosure
453	453	12 could reasonably be expected to expose the vulnerability
454	454	13 or jeopardize the effectiveness of the measures, policies,
455	455	14 or plans, or the safety of the personnel who implement
456	456	15 them or the public. Information exempt under this item may
457	457	16 include such things as details pertaining to the
458	458	17 mobilization or deployment of personnel or equipment, to
459	459	18 the operation of communication systems or protocols, to
460	460	19 cybersecurity vulnerabilities, or to tactical operations.
461	461	20 (w) (Blank).
462	462	21 (x) Maps and other records regarding the location or
463	463	22 security of generation, transmission, distribution,
464	464	23 storage, gathering, treatment, or switching facilities
465	465	24 owned by a utility, by a power generator, or by the
466	466	25 Illinois Power Agency.
467	467	26 (y) Information contained in or related to proposals,
468	468
469	469
470	470
471	471
472	472
473	473	HB4744 - 12 - LRB103 37202 RLC 67321 b
474	474
475	475
476	476	HB4744- 13 -LRB103 37202 RLC 67321 b HB4744 - 13 - LRB103 37202 RLC 67321 b
477	477	HB4744 - 13 - LRB103 37202 RLC 67321 b
478	478	1 bids, or negotiations related to electric power
479	479	2 procurement under Section 1-75 of the Illinois Power
480	480	3 Agency Act and Section 16-111.5 of the Public Utilities
481	481	4 Act that is determined to be confidential and proprietary
482	482	5 by the Illinois Power Agency or by the Illinois Commerce
483	483	6 Commission.
484	484	7 (z) Information about students exempted from
485	485	8 disclosure under Section 10-20.38 or 34-18.29 of the
486	486	9 School Code, and information about undergraduate students
487	487	10 enrolled at an institution of higher education exempted
488	488	11 from disclosure under Section 25 of the Illinois Credit
489	489	12 Card Marketing Act of 2009.
490	490	13 (aa) Information the disclosure of which is exempted
491	491	14 under the Viatical Settlements Act of 2009.
492	492	15 (bb) Records and information provided to a mortality
493	493	16 review team and records maintained by a mortality review
494	494	17 team appointed under the Department of Juvenile Justice
495	495	18 Mortality Review Team Act.
496	496	19 (cc) Information regarding interments, entombments, or
497	497	20 inurnments of human remains that are submitted to the
498	498	21 Cemetery Oversight Database under the Cemetery Care Act or
499	499	22 the Cemetery Oversight Act, whichever is applicable.
500	500	23 (dd) Correspondence and records (i) that may not be
501	501	24 disclosed under Section 11-9 of the Illinois Public Aid
502	502	25 Code or (ii) that pertain to appeals under Section 11-8 of
503	503	26 the Illinois Public Aid Code.
504	504
505	505
506	506
507	507
508	508
509	509	HB4744 - 13 - LRB103 37202 RLC 67321 b
510	510
511	511
512	512	HB4744- 14 -LRB103 37202 RLC 67321 b HB4744 - 14 - LRB103 37202 RLC 67321 b
513	513	HB4744 - 14 - LRB103 37202 RLC 67321 b
514	514	1 (ee) The names, addresses, or other personal
515	515	2 information of persons who are minors and are also
516	516	3 participants and registrants in programs of park
517	517	4 districts, forest preserve districts, conservation
518	518	5 districts, recreation agencies, and special recreation
519	519	6 associations.
520	520	7 (ff) The names, addresses, or other personal
521	521	8 information of participants and registrants in programs of
522	522	9 park districts, forest preserve districts, conservation
523	523	10 districts, recreation agencies, and special recreation
524	524	11 associations where such programs are targeted primarily to
525	525	12 minors.
526	526	13 (gg) Confidential information described in Section
527	527	14 1-100 of the Illinois Independent Tax Tribunal Act of
528	528	15 2012.
529	529	16 (hh) The report submitted to the State Board of
530	530	17 Education by the School Security and Standards Task Force
531	531	18 under item (8) of subsection (d) of Section 2-3.160 of the
532	532	19 School Code and any information contained in that report.
533	533	20 (ii) Records requested by persons committed to or
534	534	21 detained by the Department of Human Services under the
535	535	22 Sexually Violent Persons Commitment Act or committed to
536	536	23 the Department of Corrections under the Sexually Dangerous
537	537	24 Persons Act if those materials: (i) are available in the
538	538	25 library of the facility where the individual is confined;
539	539	26 (ii) include records from staff members' personnel files,
540	540
541	541
542	542
543	543
544	544
545	545	HB4744 - 14 - LRB103 37202 RLC 67321 b
546	546
547	547
548	548	HB4744- 15 -LRB103 37202 RLC 67321 b HB4744 - 15 - LRB103 37202 RLC 67321 b
549	549	HB4744 - 15 - LRB103 37202 RLC 67321 b
550	550	1 staff rosters, or other staffing assignment information;
551	551	2 or (iii) are available through an administrative request
552	552	3 to the Department of Human Services or the Department of
553	553	4 Corrections.
554	554	5 (jj) Confidential information described in Section
555	555	6 5-535 of the Civil Administrative Code of Illinois.
556	556	7 (kk) The public body's credit card numbers, debit card
557	557	8 numbers, bank account numbers, Federal Employer
558	558	9 Identification Number, security code numbers, passwords,
559	559	10 and similar account information, the disclosure of which
560	560	11 could result in identity theft or impression or defrauding
561	561	12 of a governmental entity or a person.
562	562	13 (ll) Records concerning the work of the threat
563	563	14 assessment team of a school district, including, but not
564	564	15 limited to, any threat assessment procedure under the
565	565	16 School Safety Drill Act and any information contained in
566	566	17 the procedure.
567	567	18 (mm) Information prohibited from being disclosed under
568	568	19 subsections (a) and (b) of Section 15 of the Student
569	569	20 Confidential Reporting Act.
570	570	21 (nn) Proprietary information submitted to the
571	571	22 Environmental Protection Agency under the Drug Take-Back
572	572	23 Act.
573	573	24 (oo) Records described in subsection (f) of Section
574	574	25 3-5-1 of the Unified Code of Corrections.
575	575	26 (pp) Any and all information regarding burials,
576	576
577	577
578	578
579	579
580	580
581	581	HB4744 - 15 - LRB103 37202 RLC 67321 b
582	582
583	583
584	584	HB4744- 16 -LRB103 37202 RLC 67321 b HB4744 - 16 - LRB103 37202 RLC 67321 b
585	585	HB4744 - 16 - LRB103 37202 RLC 67321 b
586	586	1 interments, or entombments of human remains as required to
587	587	2 be reported to the Department of Natural Resources
588	588	3 pursuant either to the Archaeological and Paleontological
589	589	4 Resources Protection Act or the Human Remains Protection
590	590	5 Act.
591	591	6 (qq) (pp) Reports described in subsection (e) of
592	592	7 Section 16-15 of the Abortion Care Clinical Training
593	593	8 Program Act.
594	594	9 (rr) (pp) Information obtained by a certified local
595	595	10 health department under the Access to Public Health Data
596	596	11 Act.
597	597	12 (ss) (pp) For a request directed to a public body that
598	598	13 is also a HIPAA-covered entity, all information that is
599	599	14 protected health information, including demographic
600	600	15 information, that may be contained within or extracted
601	601	16 from any record held by the public body in compliance with
602	602	17 State and federal medical privacy laws and regulations,
603	603	18 including, but not limited to, the Health Insurance
604	604	19 Portability and Accountability Act and its regulations, 45
605	605	20 CFR Parts 160 and 164. As used in this paragraph,
606	606	21 "HIPAA-covered entity" has the meaning given to the term
607	607	22 "covered entity" in 45 CFR 160.103 and "protected health
608	608	23 information" has the meaning given to that term in 45 CFR
609	609	24 160.103.
610	610	25 (tt) Records produced pursuant to Sections 14.1, 14.2,
611	611	26 14.3, and 14.4 of the Firearm Owners Identification Card
612	612
613	613
614	614
615	615
616	616
617	617	HB4744 - 16 - LRB103 37202 RLC 67321 b
618	618
619	619
620	620	HB4744- 17 -LRB103 37202 RLC 67321 b HB4744 - 17 - LRB103 37202 RLC 67321 b
621	621	HB4744 - 17 - LRB103 37202 RLC 67321 b
622	622	1 Act.
623	623	2 (1.5) Any information exempt from disclosure under the
624	624	3 Judicial Privacy Act shall be redacted from public records
625	625	4 prior to disclosure under this Act.
626	626	5 (2) A public record that is not in the possession of a
627	627	6 public body but is in the possession of a party with whom the
628	628	7 agency has contracted to perform a governmental function on
629	629	8 behalf of the public body, and that directly relates to the
630	630	9 governmental function and is not otherwise exempt under this
631	631	10 Act, shall be considered a public record of the public body,
632	632	11 for purposes of this Act.
633	633	12 (3) This Section does not authorize withholding of
634	634	13 information or limit the availability of records to the
635	635	14 public, except as stated in this Section or otherwise provided
636	636	15 in this Act.
637	637	16 (Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21;
638	638	17 102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff.
639	639	18 1-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982,
640	640	19 eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23;
641	641	20 103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff.
642	642	21 8-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; revised
643	643	22 9-7-23.)
644	644	23 Section 10. The Firearm Owners Identification Card Act is
645	645	24 amended by adding Sections 14.1, 14.2, 14.3, and 14.4 as
646	646	25 follows:
647	647
648	648
649	649
650	650
651	651
652	652	HB4744 - 17 - LRB103 37202 RLC 67321 b
653	653
654	654
655	655	HB4744- 18 -LRB103 37202 RLC 67321 b HB4744 - 18 - LRB103 37202 RLC 67321 b
656	656	HB4744 - 18 - LRB103 37202 RLC 67321 b
657	657	1 (430 ILCS 65/14.1 new)
658	658	2 Sec. 14.1. Voluntary waiver of firearm rights.
659	659	3 (a) A person may voluntarily waive his or her firearm
660	660	4 rights by filing a voluntary waiver, in a form determined by
661	661	5 the Illinois State Police, with the clerk of a circuit court.
662	662	6 The person shall also surrender any current Firearm Owner's
663	663	7 Identification Card issued under this Act or concealed carry
664	664	8 license issued under the Firearm Concealed Carry Act that has
665	665	9 been issued to the person.
666	666	10 (b) The clerk of the circuit court must request a physical
667	667	11 or scanned copy of photo identification to verify the person's
668	668	12 identity prior to accepting the form.
669	669	13 (c) The person filing the form may provide the name of a
670	670	14 family member, mental health professional, substance use
671	671	15 disorder professional, or other person to be contacted if the
672	672	16 filer attempts to purchase a firearm while the voluntary
673	673	17 waiver of firearm rights is in effect or if the filer applies
674	674	18 to have the voluntary waiver revoked.
675	675	19 (d) The clerk of the circuit court must immediately give
676	676	20 notice to the person filing the form and any listed family
677	677	21 member, mental health professional, substance use disorder
678	678	22 professional, or other person if the filer's voluntary waiver
679	679	23 of firearm rights has been accepted. The notice shall state:
680	680	24 "Because you have filed this voluntary waiver of firearm
681	681	25 rights, you may not purchase, receive, control, or possess any
682	682
683	683
684	684
685	685
686	686
687	687	HB4744 - 18 - LRB103 37202 RLC 67321 b
688	688
689	689
690	690	HB4744- 19 -LRB103 37202 RLC 67321 b HB4744 - 19 - LRB103 37202 RLC 67321 b
691	691	HB4744 - 19 - LRB103 37202 RLC 67321 b
692	692	1 firearm. You must immediately surrender any current Firearm
693	693	2 Owner's Identification Card or concealed carry license that
694	694	3 has been issued to you. Any firearms in your possession must be
695	695	4 surrendered. You may revoke this voluntary waiver of firearm
696	696	5 rights any time after at least 7 calendar days have elapsed
697	697	6 since the time of filing." The notice shall also include
698	698	7 instructions on the surrendering of firearms in a form
699	699	8 determined by the Illinois State Police.
700	700	9 (e) By the end of the business day, the clerk of the
701	701	10 circuit court must transmit the accepted form to the Illinois
702	702	11 State Police. The Illinois State Police must enter the
703	703	12 voluntary waiver of firearm rights into the national instant
704	704	13 criminal background check system and any other federal or
705	705	14 State computer-based systems used by law enforcement agencies
706	706	15 or others to identify prohibited purchasers of firearms within
707	707	16 24 hours of receipt of the form. Copies and records of the
708	708	17 voluntary waiver of firearm rights shall not be disclosed
709	709	18 except to law enforcement agencies. The Illinois State Police
710	710	19 shall also temporarily suspend any Firearm Owner's
711	711	20 Identification Card issued under this Act or concealed carry
712	712	21 license issued under the Firearm Concealed Carry Act.
713	713	22 (f) A filer of a voluntary waiver of firearm rights may
714	714	23 update the contact information for any family member, mental
715	715	24 health professional, substance use disorder professional, or
716	716	25 other person listed in the voluntary waiver by making an
717	717	26 electronic or written request to the clerk of the same circuit
718	718
719	719
720	720
721	721
722	722
723	723	HB4744 - 19 - LRB103 37202 RLC 67321 b
724	724
725	725
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727	727	HB4744 - 20 - LRB103 37202 RLC 67321 b
728	728	1 court with which the voluntary waiver of firearm rights was
729	729	2 filed. The clerk of the circuit court must:
730	730	3 (A) request a physical or scanned copy of photo
731	731	4 identification to verify the person's identity prior to
732	732	5 updating the contact information on the form; and
733	733	6 (B) by the end of the business day, transmit the
734	734	7 updated contact information to the Illinois State Police.
735	735	8 (g) A person who knowingly makes a false statement
736	736	9 regarding the person's identity on the voluntary waiver of
737	737	10 firearm rights form or revocation of waiver of firearm rights
738	738	11 form is guilty of a Class 2 felony.
739	739	12 (430 ILCS 65/14.2 new)
740	740	13 Sec. 14.2. Revocation of voluntary waiver of firearm
741	741	14 rights.
742	742	15 (a) A person who has filed a voluntary waiver of firearm
743	743	16 rights may file a revocation of the voluntary waiver if at
744	744	17 least 7 calendar days have passed since the voluntary waiver
745	745	18 was initially filed.
746	746	19 (b) The revocation shall be filed in the same county where
747	747	20 the voluntary waiver of firearm rights was filed.
748	748	21 (c) The clerk of the circuit court must request a physical
749	749	22 or scanned copy of photo identification to verify the person's
750	750	23 identity prior to accepting the form.
751	751	24 (d) By the end of the business day, the clerk of the
752	752	25 circuit court must transmit the form to the Illinois State
753	753
754	754
755	755
756	756
757	757
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759	759
760	760
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762	762	HB4744 - 21 - LRB103 37202 RLC 67321 b
763	763	1 Police and to any family member, mental health professional,
764	764	2 substance use disorder professional, or other person listed on
765	765	3 the voluntary waiver of firearm rights.
766	766	4 (e) Within 7 days of receiving a revocation of a voluntary
767	767	5 waiver of firearm rights, the Illinois State Police shall:
768	768	6 (1) remove the person from the national instant
769	769	7 criminal background check system, and any other federal or
770	770	8 State computer-based systems used by law enforcement
771	771	9 agencies or others to identify prohibited purchasers of
772	772	10 firearms in which the person was entered, unless the
773	773	11 person is otherwise ineligible to possess a firearm, and
774	774	12 destroy all records of the voluntary waiver; and
775	775	13 (2) restore any Firearm Owner's Identification Card
776	776	14 issued under this Act or concealed carry license issued
777	777	15 under the Firearm Concealed Carry Act that had been
778	778	16 suspended, and re-issue any such Firearm Owner's
779	779	17 Identification Card or concealed carry license.
780	780	18 (430 ILCS 65/14.3 new)
781	781	19 Sec. 14.3. Voluntary waiver of firearm rights. Records
782	782	20 produced pursuant to this amendatory Act of the 103rd General
783	783	21 Assembly are not subject to disclosure as public records under
784	784	22 the Freedom of Information Act.
785	785	23 (430 ILCS 65/14.4 new)
786	786	24 Sec. 14.4. Forms for voluntary waiver of firearm rights.
787	787
788	788
789	789
790	790
791	791
792	792	HB4744 - 21 - LRB103 37202 RLC 67321 b
793	793
794	794
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796	796	HB4744 - 22 - LRB103 37202 RLC 67321 b
797	797	1 (a) The Illinois State Police shall develop a voluntary
798	798	2 waiver of firearm rights form, a revocation of voluntary
799	799	3 waiver of firearm rights form, and instructions for the
800	800	4 surrender of firearms.
801	801	5 (b) The voluntary waiver of firearm rights form and
802	802	6 revocation of voluntary waiver of firearm rights forms must
803	803	7 include all information necessary for identification and entry
804	804	8 of the person into the national instant criminal background
805	805	9 check system, and any other federal or State computer-based
806	806	10 systems used by law enforcement agencies or others to identify
807	807	11 prohibited purchasers of firearms.
808	808	12 (c) The voluntary waiver of firearm rights form must
809	809	13 include the following language: "Because you are filing a
810	810	14 voluntary waiver of firearm rights, you will not be able to
811	811	15 purchase, receive, control, or possess any firearm. You will
812	812	16 be required to surrender any current Firearm Owner's
813	813	17 Identification Card or concealed carry license that has been
814	814	18 issued to you. Any firearms in your possession will also need
815	815	19 to be surrendered. You may revoke a voluntary waiver of
816	816	20 firearm rights any time after at least 7 calendar days have
817	817	21 elapsed since the time of filing."
818	818	22 (d) The instructions for the surrender of firearms must
819	819	23 provide instructions on the proper process for the
820	820	24 surrendering of firearms during the period of the voluntary
821	821	25 waiver of firearm rights.
822	822	26 (e) The voluntary waiver of firearm rights form, a
823	823
824	824
825	825
826	826
827	827
828	828	HB4744 - 22 - LRB103 37202 RLC 67321 b
829	829
830	830
831	831	HB4744- 23 -LRB103 37202 RLC 67321 b HB4744 - 23 - LRB103 37202 RLC 67321 b
832	832	HB4744 - 23 - LRB103 37202 RLC 67321 b
833	833	1 revocation of voluntary waiver of firearm rights form, and
834	834	2 instructions for the surrender of firearms must be made
835	835	3 available on the Illinois State Police website, the Illinois
836	836	4 Courts website, and at all circuit court clerk offices.
837	837	5 Section 15. The Firearm Dealer License Certification Act
838	838	6 is amended by changing Section 5-20 as follows:
839	839	7 (430 ILCS 68/5-20)
840	840	8 Sec. 5-20. Additional licensee requirements.
841	841	9 (a) A certified licensee shall make a photo copy of a
842	842	10 buyer's or transferee's valid photo identification card
843	843	11 whenever a firearm sale transaction takes place. The photo
844	844	12 copy shall be attached to the documentation detailing the
845	845	13 record of sale.
846	846	14 (b) A certified licensee shall post in a conspicuous
847	847	15 position on the premises where the licensee conducts business
848	848	16 a sign that contains the following warning in block letters
849	849	17 not less than one inch in height:
850	850	18 "With few exceptions enumerated in the Firearm Owners
851	851	19 Identification Card Act, it is unlawful for you to:
852	852	20 (A) store or leave an unsecured firearm in a place
853	853	21 where a child can obtain access to it;
854	854	22 (B) sell or transfer your firearm to someone else
855	855	23 without receiving approval for the transfer from the
856	856	24 Illinois State Police, or
857	857
858	858
859	859
860	860
861	861
862	862	HB4744 - 23 - LRB103 37202 RLC 67321 b
863	863
864	864
865	865	HB4744- 24 -LRB103 37202 RLC 67321 b HB4744 - 24 - LRB103 37202 RLC 67321 b
866	866	HB4744 - 24 - LRB103 37202 RLC 67321 b
867	867	1 (C) fail to report the loss or theft of your
868	868	2 firearm to local law enforcement within 72 hours.".
869	869	3 This sign shall be created by the Illinois State Police and
870	870	4 made available for printing or downloading from the Illinois
871	871	5 State Police's website.
872	872	6 (b-1) A certified licensee shall make available a
873	873	7 voluntary waiver of firearm rights form, as described in
874	874	8 Section 14.4 of the Firearm Owners Identification Card Act,
875	875	9 and as made available on the Illinois State Police website, on
876	876	10 the premises where the licensee conducts business.
877	877	11 (c) No retail location established after the effective
878	878	12 date of this Act shall be located within 500 feet of any
879	879	13 school, pre-school, or day care facility in existence at its
880	880	14 location before the retail location is established as measured
881	881	15 from the nearest corner of the building holding the retail
882	882	16 location to the corner of the school, pre-school, or day care
883	883	17 facility building nearest the retail location at the time the
884	884	18 retail location seeks licensure.
885	885	19 (Source: P.A. 102-538, eff. 8-20-21.)
886	886
887	887
888	888
889	889
890	890
891	891	HB4744 - 24 - LRB103 37202 RLC 67321 b