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Illinois General Assembly 1/8/2019


mauserme

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Following a very short day on the House Floor, a day in which longtime Representative Lang resigned and yet to be sworn Representative-To-Be Anne Stava-Murray filed discrimination claims, the calendars remain unchanged.
The House is scheduled for 10:00 AM today and the Senate for 2:0o PM.
It appears there will be morning session tomorrow, at least in the Senate, prior to the start of the 101st General Assembly.
Next Days Scheduled
House: 1/9/2019 (AM Session ?)
Senate: 1/9/2019 (AM Session)
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ceremony

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House Calendar


10:00 AM






Oppose


Senate Sponsor: Morrison, Nybo, Bush, Aquino, Link, Cunningham, Murphy, Martinez, Curran, Lightford, Jones, Castro, Koehler, Muñoz, Collins, Steans, Hunter, Rezin, McGuire, Van Pelt, Hutchinson (Added after Passage: Sims, Hutchinson)


House Sponsor: Mussman, Willis, Carroll, Moylan, Cassidy


Status: House/3rd Reading (Deadline 1/8/2019)




Replaces everything after the enacting clause. Amends the Firearm Owners Identification Card Act. Provides that the recipient of any firearm transferred by way of a Firearm Disposition Record form shall file with the Department of State Police, a sworn affidavit, attesting that the person: (1) is aware of, and will abide by the current law regarding the unlawful transfer of a firearm; (2) is aware of the penalties for violating the law as it pertains to unlawful transfer of a firearm; (3) intends to retain possession of the firearm until it is determined that the transferor is capable of possessing the firearm, or until a new person is chosen to hold the firearm; and (4) inform the Department and the State's Attorney in the county in which he or she resides of any address or name change that occurs while the person possesses the firearm; however, the person shall be relieved of these duties once he or she has legally destroyed the firearm or lawfully transferred the firearm. Provides that the person shall provide notice to the State's Attorney in the county in which he or she resides via copy of the sworn affidavit, to demonstrate that the affidavit has been filed with the Department. Makes conforming changes. Amends the Criminal Code of 2012. Provides that a person who is not a federally licensed firearm dealer who does not determine the validity of a purchaser's Firearm Owner's Identification Card commits a Class 4 felony.




Provides that any person who is not a federally licensed firearm dealer and who desires to transfer or sell a firearm to any person who is not a federally licensed firearm dealer who does not comply with the provision that before selling or transferring the firearm the person must contact the Department of State Police with the transferee's or purchaser's Firearm Owner's Identification Card number to determine the validity of the transferee's or purchaser's Firearm Owner's Identification Card shall be punished as a Class A misdemeanor under the Firearm Owners Identification Card Act (rather than non-compliance shall not be punishable as a crime or petty offense). Makes a technical change.


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Senate Calendar




2:00 PM







Oppose


Senate Sponsor: Harmon, Martinez, Raoul, Collins, Morrison, Silverstein, Van Pelt, Castro, Koehler, Nybo, Sims, Steans, Aquino, Curran, Hutchinson, Hunter, Lightford, Biss, Muñoz


House Sponsor: Willis, Olson, Carroll, Andersson, Lilly, Mussman, Harper, Slaughter, Gabel, Conroy, Mah, Zalewski, Williams, Moeller, Davis, Welch, Burke (Kelly), Hernandez, Martwick, Evans, D'Amico, Cassidy, Andrade, Tabares, Mitchell, Fine, Connor, Moylan, Stratton, Arroyo, Thapedi, Guzzardi, Currie


Status: Passed Both Bodies. Senate/Motion to Reconsider the Vote Pending (Motion Withdrawn 1/8/2019)




Replaces everything after the enacting clause. Creates the Combating Illegal Gun Trafficking Act. Creates the Firearm Dealer License Certification Act. Provides that each Federal Firearms Licensee shall file with the Department of State Police a copy of its license, together with a sworn affidavit indicating that the license presented is in fact its license and that the license is valid. Provides that upon receipt and review by the Department, the Department shall issue a certificate of license to the licensee, allowing the licensee to conduct business within the State. Establishes qualifications of certified licensees. Provides that on or before January 2, 2021, each certified licensee operating a retail location in the State must maintain a video security system and shall maintain video surveillance of critical areas of the business premises, including, but not limited to, all places where firearms are stored, handled, sold, transferred, or carried, and each entrance and exit. Provides that on or before January 2, 2020, each certified licensee maintaining an inventory of firearms for sale or transfer must be connected to an alarm monitoring system or service that will notify local law enforcement of an unauthorized intrusion into the premises of the licensee where the firearm inventory is maintained. Provides that each certification shall be valid for the term of the Federal Firearms License being certified. Requires licensees to certify each new or renewed Federal Firearms License. Provides that the Department shall set and collect a fee for each licensee certified under this Act. Provides that the fee may not exceed $300 for a certified licensee operating without a retail location. The fee may not exceed $1,500 for any certified licensee operating with a retail location. Provides that any person within this State who transfers or causes to be transferred, by private sale, any firearm, stun gun, or taser shall keep a record of the transfer for a period of 10 years from the date of transfer. Creates the Gun Trafficking Information Act. Provides that the Department of State Police shall use all reasonable efforts in making publicly available, on a regular and ongoing basis, key information related to firearms used in the commission of crimes in this State, including, but not limited to: reports on crimes committed with firearms, locations where the crimes occurred, the number of persons killed or injured in the commission of the crimes, the state where the firearms used originated, the licensee that sold the firearm, and the type of firearms used. Provides that the Department shall study, on a regular and ongoing basis, and compile reports on the number of Firearm Owner's Identification Card checks to determine firearms trafficking or straw purchase patterns. Provides that the Department shall, to the extent not inconsistent with law, share such reports and underlying data with academic centers, foundations, and law enforcement agencies studying firearms trafficking; provided that personally identifying information is protected. provides that for purposes of this provision, a Firearm Owner's Identification Card number is not personally identifying information, provided that no other personal information of the card holder is attached to the record. Provides that the Department shall make the information available on its website, in addition to electronically filing a report with the Governor and the General Assembly. Provides that each department, office, division, and agency of this State shall, to the extent not inconsistent with law, cooperate fully with the Department and furnish the Department with all relevant information and assistance on a timely basis as is necessary to accomplish the purpose of the Act. Provides that the Illinois Criminal Justice Information Authority shall submit the information required by the Act to the Department of State Police, as requested by the Department, to assist the Department in carrying out its duties under this Act. Amends the Firearm Owners Identification Card Act to make conforming changes. Provides that the provisions of the Act are severable.




Provides that the Department of State Police may consider the revocation or suspension within the context of the conduct of the certified licensee within this State, the number of retail locations the certified licensee or any related person or entity operates in this State or in other states, under the same or different business names, and the severity of the infraction leading to revocation or suspension. Provides that the Department shall consider the number of retail locations operated by the certified licensee in this State, under the same or different business names, and shall set fees appropriate for certifying multiple licenses operated by the certified licensee. Provides that all fees and fines collected under the Firearm Dealer License Certification Act shall be deposited in the Firearm Dealer License Certification Fund which is created in the State treasury. Provides that moneys in the Fund shall be used for implementation and administration of the Firearm Dealer License Certification Act. Provides that the Department shall require of an applicant for certification all trade, business, or assumed names used by the certified licensee by and under which the certified licensee sells, transfers, or facilitates transfers of firearms. Provides that in the amendatory changes to the Firearm Owners Identification Card Act, the penalty for failure to maintain the transfer records in accordance with the Act applies for transfers of a firearm, stun gun, or taser made on or after the effective date of the amendatory Act. Amends the State Finance Act to make a conforming change.




Provides that the Department may by rule create a process for checking the validity of the license, in lieu of requiring an affidavit. Provides that if the Department does not issue the certificate within 30 days, the licensee shall operate as if a certificate has been granted unless and until a denial is issued by the Department. Provides that a civil penalty or fine shall be paid within 90 (rather than 60) days after the effective date of the order imposing it. Provides that if an owner, employee, or other agent of the certified licensee is not otherwise a resident of this State, the certified licensee shall submit an affidavit stating that the owner, employee, or other agent has undergone a background check and is not prohibited from owning or possessing firearms. Provides that if a certified licensee has a license, certificate, or permit to sell, lease, transfer, purchase, or possess firearms issued by the federal government or the government of any state revoked or suspended for good cause within the preceding 4 years, the Department may consider revoking or suspending the certified licenses in this State. Provides that in making a determination of whether or not to revoke or suspend a certified license in this State, the Department shall consider the number of retail locations the certified licensee or any related person or entity operates in this State or in other states under the same or different business names, and the severity of the infraction in the state in which a license was revoked or suspended. Provides that if the Department issues a subpoena of a licensee, the licensee may file an emergency motion with the Director of State Police or a hearing officer authorized by the Department to quash a subpoena issued by the Department. If the Director or hearing officer determines that the subpoena was issued without good cause, the Director or hearing officer may quash the subpoena. Deletes provision that a licensee must maintain video surveillance of all areas that a firearm is carried. Provides that if a video security system is deemed inadequate by the Department, the licensee shall have 30 days to correct the inadequacy. Provides that the Department shall submit to the licensee a written statement describing the specific inadequacies. Provides that the Department may not charge a certified licensee in this State, operating under the same or different business name, fees exceeding $40,000 for the certification of multiple licenses. Provides that nothing in the Firearm Dealer License Certification Act shall be construed to interfere with any federal agency or any federal agency investigation. Provides that all Department rules adopted under the Act shall comply with federal law. Provides that the Department may as necessary coordinate efforts with relevant State and federal law enforcement agencies to enforce the Act. Provides that the requirement for a Federal Firearms Licensee to obtain certification begins 180 days (rather than 90 days) after the effective date of the Act. Makes other changes. Amends the Firearm Owners Identification Card Act to provide that private sellers of firearms, stun guns, or tasers who do not maintain transfer records in accordance with the Act shall not be criminally liable under the Act, provided that he or she provides the Department of State Police with the transfer records in accordance with procedures established by the Department. Provides that the Department shall establish, by rule, a standard form on its website.


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Posted · Hidden by mauserme, January 8, 2019 at 12:47 AM - No reason given
Hidden by mauserme, January 8, 2019 at 12:47 AM - No reason given
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Following a very short day on the House Floor, a day in which longtime Representative Lang resigned and yet to be sworn Representative-To-Be Anne Stava-Murray filed discrimination claims, the calendars remain unchanged.




The House is scheduled for 10:00 AM today and the Senate for 2:00 PM.


It appears there will be morning session tomorrow, at least in the Senate, prior to the start of the 101st General Assembly.




Next Days Scheduled


House: 1/9/2019 (AM Session ?)

Senate: 1/9/2019 (AM Session)


House Calendar


Senate Calendar

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.

ceremony



Link to comment

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