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HB 2445

FOID-CLEAR & PRESENT DANGER

104th Regular Session Introduced by Amy Elik

Illinois HB 2445: Allows rescission within 5 days of a clear and present danger FOID notification, restoring FOID status and protecting reporters.

Referred to Rules Committee
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Bill Summary · HB 2445

Summary — HB 2445 (materials provided include two different measures labeled HB 2445 in different states; this summary treats each separately and notes the jurisdictional mix)

Note on source material
- The packet includes text for two distinct bills both labeled “HB 2445”: an Arizona amendment to tax-deed sale law (Arizona Revised Statutes §42‑18303) and an Illinois amendment to the Firearm Owner’s Identification (FOID) Act (430 ILCS 65/8.1). Sponsors and legislative actions in the materials are from both states (e.g., Rep. Amy Elik for Illinois; a group of Arizona Representatives listed for the Arizona provision). Below are concise summaries of each.

1) Illinois: FOID — “clear and present danger” notification rescission (430 ILCS 65/8.1)
- Purpose / intent: Modify FOID Act reporting procedures so certain reporters who notify state authorities that a person “poses a clear and present danger” may rescind that notification within a short window.
- Key provisions:
- Physicians, clinical psychologists, qualified examiners, law enforcement officials, or school administrators who notify the Department of Human Services (DHS) or Illinois State Police (ISP) that a person poses a clear and present danger may rescind/cancel that notification within 5 days of making it.
- If rescinded within 5 days, DHS and the ISP must restore the person’s status “as if the notification had not occurred.”
- DHS must update mental‑health records and notify ISP as appropriate; ISP shall adopt rules to implement the new rescission procedure.
- Confidentiality protections and limited civil/criminal/professional immunity for reporters are retained, except for willful or wanton misconduct. The identity of reporters (including those rescinding) is protected from disclosure.
- Who is affected: individuals reported under the “clear and present danger” provision (potentially affecting FOID eligibility), the named reporters, DHS, ISP, courts and law enforcement.
- Timeline / procedure: rescission window: 5 days after notifying DHS/ISP; requirement that ISP adopt implementing rules.

2) Arizona: tax‑deed sales and disposition for affordable housing (amendment to ARS §42‑18303)
- Purpose / intent: Update county tax‑deed sale procedures, permit online auctioning, and create an express route for public entities to acquire tax‑deeded land for affordable housing, transportation, or flood control — with a specific affordable‑housing disposition option.
- Key provisions:
- County boards may advertise and sell tax‑deeded property via live or online real‑time auctions; properties may be posted on the treasurer’s website.
- Proceeds distribution rules remain (treasurer deducts charges, apportions to taxing authorities; surplus returned to former owner).
- A county, city, town, or special taxing district may acquire tax‑deeded land for public purposes including “affordable housing for low‑income persons and families as determined by HUD,” transportation or flood control.
- If acquired for HUD‑defined low‑income affordable housing, the public entity may later sell, lease, convey, or otherwise dispose of the property for less than fair market value and without public auction provided a regulatory agreement is recorded requiring dwelling units to remain continuously affordable for the longest feasible time, but not less than 30 years.
- Other existing provisions (sales to contiguous residential property owners under certain conditions; removing properties from auction when offers are pending) remain.
- Who is affected: counties, municipalities, special taxing districts, former property owners, low‑income households, affordable‑housing developers/agencies, and taxing jurisdictions (through proceeds apportionment).
- Procedural/timeline aspects: adds online auction authority immediately upon enactment; affordability covenant minimum duration: 30 years.

Status / next steps
- The materials show various procedural entries (introduced Feb. 2025; referrals to committees). Because the documents are from different jurisdictions, check the appropriate state’s legislative website (Illinois General Assembly and Arizona Legislature) for current status, sponsor lists, and any later amendments.

Compiled from official sources — confirm details with the bill’s official record.

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