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Illinois General Assembly Continuous Sessions 8/13/2017 - 8/29/2017

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Continuous Session 8/13/2017



We meet again.

Despite earlier assurances that the Legislature would not convene because of Governor Rauner's SB1 amendatory veto, the Senate is scheduled for 2:00 PM today, 8/13/2017, and the House for 8/16/2017 at 11:00 AM.

As in past Summer Sessions I'll list bills that have some potential for movement, however small, without claiming expectations for any of them.


Next Days Scheduled

House: 8/16/2017
Senate: To the Call of the President



Senate Calendar


Senate Supplemental Calendar 1


Senate Supplemental Calendar 2



Senate Thirteenth Special Session Calendar

Senate Fourteenth Special Session Calendar


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Senate Calendar


2:00 PM







Oppose


Sponsor: Van Pelt, Harmon, Collins, Steans, Hunter, Aquino, Martinez


Status: Third Reading


Senate Amendment 1 - Postponed


Replaces everything after the enacting clause. Creates the Gun Violence Reduction Act. Provides that various State agencies shall prioritize funding for family violence prevention services and positive parenting support, intervention programs that are designed to immediately prevent and intervene in gun violence, improved community trauma treatment, expanded gun injury victim services, studies concerning the nature and prevalence of illegal gun carrying, independent of law enforcement contact, and professional development for human service and community-based programs in family violence prevention, community violence prevention, and trauma recovery. Provides that an injured person, or in the case of his or her death his or her next of kin, may bring a civil against against a carrier who negligently fails to secure a shipment or standing cargo containing firearms if that negligence is the proximate cause of an injury or death to the injured person. Amends the Illinois Criminal Justice Information Act. Provides that the Illinois Criminal Justice Information Authority shall annually define and make available to the public an analysis of concentrated geographic areas of extremely high levels of firearm violence and destabilization within the State. Provides that the criteria for these Safety and Full Employment Zones shall be used to prioritize State funding and provide various services throughout the State. Amends the Criminal Code of 2012. Allows probation or conditional discharge on certain mandatory imprisonment offenses of unlawful use of weapons, unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities, aggravated unlawful use of a weapon, or unlawful possession of a firearm by a street gang member. Amends the Unified Code of Corrections. Provides that a person charged with unlawful use of weapons, unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities, aggravated unlawful use of a weapon, or unlawful possession of a firearm by a street gang member, the court, with the consent of the defendant and the State's Attorney, may continue this matter to allow a defendant to participate and complete the Firearm Possession Accountability Initiative Program. Creates requirements for the completion of the Firearm Possession Accountability Initiative Program. Creates similar requirements to allow a person convicted of these offense to be eligible for probation or conditional discharge using a standardized a risk assessment tool. Makes other changes.


Senate Amendment 2 - Postponed


Removes State and local reimbursed share of State sales population-based distributed funds from the population-based distribution requirements of the Act. Deletes language providing that a commercial motor or rail carrier operating in this State transporting firearms shall notify the Department of State Police if a shipment or standing cargo containing firearms remains at rest for 12 hours or more. Deletes language providing that a carrier operating in this State transporting firearms shall report a trespassing incident, a travel obstruction, or theft of firearms to local law enforcement. Deletes language providing that an injured person, or in the case of his or her death his or her next of kin, may bring a civil action against a carrier who negligently fails to secure a shipment or standing cargo containing firearms if that negligence is the proximate cause of an injury or death to the person injured.








Oppose


Sponsor: Muñoz


Status: Third Reading


Senate Amendment 1 - Postponed


Replaces everything after the enacting clause. Amends the Criminal Code of 2012. Provides that it is a violation of the unlawful use of weapons statute to carry or possess on or about one's person, in any vehicle, or concealed on or about his or her person any semi-automatic assault weapon. Provides that a person convicted of a violation of this provision commits a Class 1 felony and shall be sentenced to a term of imprisonment of not less than 4 years and not more than 15 years. Provides exemptions for peace officers, the military, prison guards, and other security officers. Provides that a person convicted of the knowing sale, manufacture, purchase, possession, or carrying of a machine gun commits a Class 1 (rather than a Class 2) felony and shall be sentenced to a term of imprisonment of not less than 4 (rather than 3) years and not more than 15 (rather than 7) years, unless the weapon is possessed in the passenger compartment of a motor vehicle, or on the person, while the weapon is loaded, in which case it shall be a Class X felony. Defines "semi-automatic assault weapon".




Replaces everything after the enacting clause. Amends the Criminal Code of 2012. Provides for enhanced penalties for aggravated unlawful use of a weapon if the person knowingly: (1) carries on or about his or her person or in any vehicle or concealed on or about his or her person except when on his or her land or in his or her abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any semi-automatic assault weapon; or (2) carries or possesses on or about his or her person, upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town, except when an invitee thereon or therein, for the purpose of the display of the semi-automatic assault weapon or the lawful commerce in semi-automatic assault weapons, or except when on his or her own land or in his or her own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any semi-automatic assault weapon; and (3) certain aggravating factors are present. Defines "semi-automatic assault weapon".









Oppose


Sponsor: Haine


Status: In Senate Assignments Committee




Replaces everything after the enacting clause. Amends the Premises Liability Act. Provides that an owner or operator of an indoor firearm range placed in operation after July 9, 2013 is immune from any criminal liability and is not subject to any action for public or private nuisance or trespass arising out of or as a consequence of noise or sound emissions resulting from the normal use of the indoor firearm range if all areas from which a firearm may be properly discharged are enclosed by a permanent building or structure that absorbs or contains sound energy escaping from the muzzle of firearms in use and any one of certain enumerated conditions are met. Provides that a municipality, State's Attorney, or private party may file an action for injunctive relief seeking the mitigation of sound emissions resulting from the normal use of an indoor firing range against the owner or operator of an indoor firing range. Provides that if the court grants injunctive relief in an action filed by a private party, the court shall award attorney's fees to the private party plaintiff. Provides that the immunity granted under the amendatory Act preempts and supersedes any previous immunity under the Section concerning the liability of firearm ranges.








Neutral


Sponsor: Raoul


Status: Third Reading


Senate Amendment 1 - Postponed


Replaces everything after the enacting clause. Amends the Unified Code of Corrections. Provides that if a court (i) has reason to believe that a person who is charged with or convicted of a violation of Section 24-1 or 24-1.6 of the Criminal Code of 2012 involving the unlawful possession of a firearm, where the violation does not involve the commission of a crime of violence as defined in Section 2 of the Crime Victims Compensation Act, suffers from Post-Traumatic Stress Disorder (PTSD) or trauma that led to the firearm possession violation, and (ii) finds that he or she is eligible for treatment under this Section, then the court shall advise the person that he or she may be sentenced to probation and shall be subject to terms and conditions of probation under Section 5-6-3 of this Code if he or she elects to submit to treatment and is accepted for treatment by an Unlawful Possession of Firearms Diversion Program qualified by the Department of Human Services. Provides that if the person elects to undergo treatment or is certified for treatment, the court shall order an examination by a qualified program to determine whether he or she suffers from Post-Traumatic Stress Disorder (PTSD) or trauma that led to the firearm possession violation and is likely to be rehabilitated through treatment. Provides that failure of a person placed on probation and under the supervision of a qualified program to observe the requirements set down by the program shall be considered a probation violation. The failure shall be reported by the program to the probation officer in charge of the person and treated in accordance with probation regulations. Provides that upon successful fulfillment of the terms and conditions of probation the court shall discharge the person from probation. Provides that if the person has not previously been convicted of any felony offense and has not previously been granted a vacation of judgment under this provision, upon motion, the court shall vacate the judgment of conviction and dismiss the criminal proceedings against him or her unless, having considered the nature and circumstances of the offense and the history, character, and condition of the person, the court finds that the motion should not be granted. Provides that unless good cause is shown, the motion to vacate must be filed at any time from the date of the entry of the judgment to a date that is not more than 60 days after the discharge of the probation. Provides that subject to appropriation, the Department of Human Services shall, in collaboration with the appropriate State agency, contract with counties and qualified programs to reimburse the counties and qualified programs services relating to defendants eligible for and participating in the Unlawful Possession of Firearms Diversion Program, including psychiatric treatment or treatment or rehabilitation approved by the Department of Human Services the Code.







Support (An IllinoisCarry Initiative)


Sponsor: Righter


Status: Third Reading




Replaces everything after the enacting clause. Amends the Firearm Concealed Carry Act. Provides that a law enforcement agency objection to an applicant based upon information in an arrest or incident report shall be based on information from an investigation of the objecting law enforcement agency and not an investigation from another law enforcement agency. Provides that the Department of State Police may review and verify a law enforcement agency objection to an applicant before the Department's submission of the objection to the Concealed Carry Licensing Review Board. Provides that any verification shall determine: (i) if the criteria under the Act for the submission of an objection by a law enforcement agency has been met, (ii) that the objection has been filed against the proper person, and (iii) that information relevant to the objection has been included. Provides that a law enforcement agency objection that fails this verification shall be returned to the objecting law enforcement agency and the law enforcement agency shall have 10 calendar days after receiving notification from the Department to submit the required information, provide the Department a response, or withdraw the objection. Provides that if the objecting law enforcement agency fails to respond within 10 calendar days, the Department shall reject the objection and process the application. Provides that immediately upon the receipt from the Department of notice of an objection, the Board shall notify the applicant of the referral of the application to the Board and that the 90-day period for the Department to issue or deny a license has been tolled. Provides that the notification of the referral shall inform the applicant of his or her right to submit a written statement to the Board on his or her behalf. Provides that all final administrative decisions of the Department or the Board under the Act shall be subject to de novo judicial review by the circuit court (currently, judicial review under the Administrative Review Law). Makes other changes.




Replaces everything after the enacting clause. Amends the Firearm Concealed Carry Act. Provides that the Department of State Police may review and verify a law enforcement agency objection to an applicant before the Department's submission of the objection to the Concealed Carry Licensing Review Board. Provides that any verification shall determine: (i) if the requirements under the Act for the submission of an objection by a law enforcement agency has been met, (ii) that the objection has been filed against the proper person, and (iii) that information relevant to the objection has been included. Provides that a law enforcement agency objection that fails this verification shall be returned to the objecting law enforcement agency and the law enforcement agency shall have 30 calendar days after receiving notification from the Department to submit the required information, provide the Department a response, or withdraw the objection. Provides that if the objecting law enforcement agency fails to respond within 30 calendar days, the Department shall reject the objection and process the application. Provides that immediately upon the receipt from the Department of notice of an objection, the Board shall notify the applicant of the referral of the application to the Board and that the 90-day period for the Department to issue or deny a license has been tolled. Provides that the notification of the referral shall inform the applicant of his or her right to submit a written statement to the Board on his or her behalf. Makes other changes.







Oppose


Sponsor: Jones, Collins, Hunter, Trotter, Martinez, Clayborne, Hutchinson, Harris, Van Pelt, Hastings


Status: Third Reading


Synopsis As Introduced


Amends the Illinois Commercial Transportation Law of the Illinois Vehicle Code. Provides that every rail carrier operating in this State transporting firearms or firearm ammunition through a municipality with a population of more than 1,000,000 inhabitants shall notify the local municipal law enforcement agency at least 24 hours prior to transporting the firearms or firearm ammunition through the municipality.




Provides that a rail carrier who violates the provision is guilty of a business offense punishable by a fine of up to $1,000 for a first violation and up to $2,000 for a second or subsequent violation (rather than a Class C misdemeanor).









Oppose


Sponsor: Harmon, Martinez, Bush, Silverstein, Aquino, Lightford, Steans, Van Pelt, Castro, Morrison


Status: Third Reading


Synopsis As Introduced


Amends the Wildlife Code. Provides that it shall be unlawful to use lead ammunition to take wildlife in State parks or natural areas. Defines "lead ammunition" as a projectile containing one or more percent lead by weight. Makes conforming changes. Effective immediately.


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Glock23 Member

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If the house overrides the AV by Rauner I won't vote another state election until Madigan is gone. It will truly show that my vote does not count. He has to flip 11 votes from end of May.

I will not accept they had to pass it for the children and education funding. This won't fix education or our debt.

I think they already overrode it.. see Mauser's post #5 above. Edit: nevermind, you said House, not Senate.

 

Anyway, isn't that one of the list of bills that had to pass for the budget bill to take effect?

 

I don't see the House or Senate killing the budget bill at this point in time...

 

Sent from my SAMSUNG-SM-N920A using Tapatalk

 

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cls74 Member

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If the house overrides the AV by Rauner I won't vote another state election until Madigan is gone. It will truly show that my vote does not count. He has to flip 11 votes from end of May.

I will not accept they had to pass it for the children and education funding. This won't fix education or our debt.

I think they already overrode it.. see Mauser's post #5 above. Edit: nevermind, you said House, not Senate.

 

Anyway, isn't that one of the list of bills that had to pass for the budget bill to take effect?

 

I don't see the House or Senate killing the budget bill at this point in time...

 

Sent from my SAMSUNG-SM-N920A using Tapatalk

 

The whole must have x, x,x,x and x to become law is a bit confusing. So not sure.

 

The senate needed 3 to turn. Should have never happened but the House(I know the House had some Dems voting against in contested districts) needs to turn 11 votes.

 

Madigan is not for the people of IL, he has controlled every aspect of what becomes or does not become law for decades.

 

Court order? He'll comply. He'll do everything necessary to make sure it is to "just comply" within the scope of the ruling.

 

 

People often talk about the "shall issue" vs "May issue" after the court order to allow concealed carry in some form. Madigan gave his big speel on the floor that many could not believe came from his own mouth.

 

He knew what he was doing,fed his downstate dems a bone. He can change it if he wants to, might take an election or two.

 

The CANCER of the state, known as Michael J Madigan, runs thus state. Governors suffer the displeasure of the residents, he faces an uncontested fraction of a percent of the state votes.

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Continuous Session 8/16/2017


When the Senate met last Sunday, 8/13/2017, it voted to override the Governor's amendatory veto of SB1. This matter may be taken up in the House today, 8/16/2017.

That same day the Senate also adopted Senate Amendment 2 on HB3163 and passed the bill, as amended, back to the House for a possible concurrence vote. The amendment turns the bill into a clone of SB1, giving them another chance to bail out CPS if the House is unable to override the veto and, perhaps, signalling a lack of confidence that the House can.

The House is scheduled for 11:00 AM today, 8/16/2017. The Senate is not in.

Listed below is a single bill, SB1657 Gun Dealer Licensing, that we continue to monitor more closely than others in the House at this time. Consider this informational, not predictive.


Next Days Scheduled

House: To the Call of the Chair
Senate: To the Call of the President

 

 

 

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House Calendar


11:00 AM







Oppose


Senate Sponsor: Harmon, Morrison, Collins, Raoul, Biss, Steans, Castro, Martinez, Link, Murphy, Muñoz, Van Pelt, Silverstein, Trotter, Jones, Lightford, Sandoval, Aquino (added after passage: Hunter)


House Sponsor: Willis, Flynn Curie, Welch, Mitchell, Feigenholtz, Slaughter, Fine, Harper, Lilly, Cassidy, Williams, Burke (Kelly), Evans, Soto, Burke (Dan), Arroyo, Andrade, Guzzardi, Drury, Flowers, Tabares, Stratton, Ford, Hernandez, Gabel, Thapedi, Mussman, Jones, Moeller


Status: In House Rules Committee


Synopsis As Introduced


Creates the Gun Dealer Licensing Act. Provides that it is unlawful for a person to engage in the business of selling, leasing, or otherwise transferring firearms without a license issued by the Department of Financial and Professional Regulation. Provides that a dealership agent other than a dealer licensee-in-charge may act on behalf of the licensed dealership without being licensed as a dealer under the Act. Creates the Gun Dealer Licensing Board consisting of 5 members appointed by the Secretary of Financial and Professional Regulation to recommend policies, procedures, and rules relevant to the administration and enforcement of the Act. Provides that the holder of a dealership license issued under the Act may employ in the conduct of his or her business dealership agents. Establishes qualifications for obtaining dealership licenses and for being employed as a dealership agent. Establishes penalties for violations of the Act. Provides for rulemaking, including emergency rulemaking. Amends the Regulatory Sunset Act. Provides that the Act is repealed on January 1, 2028. Amends the Illinois Administrative Procedure Act. Makes conforming changes.




Replaces everything after the enacting clause. Reinserts the provisions of the bill except: (1) provides that "dealer" includes the following Federal Firearms Licenses: Type 01-dealer in firearms other than destructive devices; Type 02-pawnbroker in firearms other than destructive devices; Type 09-dealer of destructive devices; (2) defines "collector" and "licensed collector"; (3) defines "importer"; (4) provides that "manufacturer" includes the following types of Federal Firearms Licenses: Type 06-manufacturer of ammunition for firearms other than ammunition for destructive devices or armor piercing ammunition; Type 07-manufacturer of firearms other than destructive devices; Type 10-manufacturer of destructive devices, ammunition for destructive devices, or armor piercing ammunition; (5) provides that the exemption from licensing under the Gun Dealer Licensing Act for transfers of pieces or parts of a firearm that do not themselves qualify as firearms under the federal Gun Control Act of 1968 by a person who is actually engaged in manufacturing and selling those pieces or parts but only on the activities which are within the lawful scope of that business applies only to the manufacture of which do not require the manufacturer to hold a Federal Firearms License; (6) provides that a person licensed as an auctioneer under the Auction License Act may facilitate a transfer permitted under the Gun Dealer Licensing Act without being registered as a dealer under the Act; (7) provides that a dealer holding a Federal Firearms License Type 01-dealer in firearms other than destructive devices; Type 02-pawnbroker in firearms other than destructive devices; or Type 09-dealer of destructive devices on April 1, 2017, is not exempt from the Gun Dealer Licensing Act by obtaining a Manufacturer Federal Firearms License or Importer Federal Firearms License; and (8) exempts from the requirements of licensure under the Gun Dealer Licensing Act, transfers of firearms by a dealer in which 20% or less of the dealer's annual sales are from the sale of firearms.


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Continuous Session 8/23/2017

The House added 8/23/2017 to it's schedule late last week with a proposed start time of 11:00 AM. The Senate is not scheduled for the immediate future.

It appears that House session may now have been cancelled for 8/23, reflecting some progress on school funding negotiations.

We'll keep you posted as things unfold.


Next Days Scheduled

House: To the Call of the Chair
Senate: To the Call of the President


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