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Illinois General Assembly 5/31/2016


mauserme

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UPDATE(S)


House Amendment 7 to HB1016 Safety Tech (Gun Dealer Licensing) has been filed.

Replaces everything after the enacting clause. 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 Provides that the Act is repealed on January 1, 2027. Amends the Illinois Administrative Procedure Act. Makes conforming changes.





The House concurs with Senate Amendment 4 and Senate Amendment 5 to HB2569 Crim Pro - Court Explain Plea. We support this bill.

The House concurs with Senate Amendment 1 to HB6303 Crim Cd Firearms Trafficking. We support this bill.

SB206 Criminal Law Tech (Suppressors) passed the House as amended. It will be sent to the Senate for concurrence.

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HB6331 FOID Revoke Order Protect passed the Senate Yesterday. Having passed both bodies, the bill will be sent to the Governor for signature. IllinoisCarry is neutral on this bill.

 

Both House Amendment 2 to SB206 Criminal Law Tech (Suppressors) and the Motion to Concur with Senate Amendment 1 to HB6303 Crim Cd Firearms Trafficking were approved in House committee.

 

Talk continues of an Amendment 7 to HB1016 Safety Tech (Gun Dealer Licensing)

 

The problem with taking so many bites of the Licensing apple is that it brings you down to the parts of the apple most people throw in the trash. The seeds of an idea simply are not a viable bill.

 

We wonder, at this point, if the sponsor will offer any opportunity to read her latest work or if she will ask us to trust her judgement as she extols the many virtues of her newest iteration of Dealer Licensing. While we are confident that she will one day be a capable legislator, that day is not here. This constant practice at our expense must come to an end.

 

 

The House is scheduled for 11:00 AM. The Senate is scheduled for 10:00 AM.

 

Today is the last scheduled day of the Spring Session. In all likelihood session will run into the Summer.

 

 

Finally, and of greatest importance, a quick Thank You to everyone who filled in yesterday while I was away. Illinois has come to expect great things of our members. They were not disappointed.

 

 

 

Next Days Scheduled

 

House: End of Scheduled Session

Senate: End of Scheduled Session

 

 

House Calendar

 

House Supplemental Calendar 1

 

House Supplemental Calendar 2

 

House Supplemental Calendar 3

 

 

 

Senate Calendar

 

Senate Supplemental Calendar 1

 

Senate Supplemental Calendar 2

 

Senate Supplemental Calendar 3

 

 

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House Calendar

11:00 AM

House Audio/Video Link

 

How a Bill Becomes a Law

Livestream Link to current and archived events

 

 

SB206 Criminal Law Tech (Suppressors)

 

Support

 

Senate Sponsor: Raoul, McCarter, Connelly, Duffy, McCann

 

House Sponsor: Phelps, Beiser, Anthony, Bradley, Bourne, Costello, Reis, Verschoore, Skoog, Cloonen, Smiddy, Cavaletto, Bennett, Cabello

 

Status: House/Second Reading

 

Synopsis As Introduced

 

Amends the Criminal Code of 2012. Makes a technical change in a Section concerning extended statutes of limitations.

 

Senate Amendment 1 - Adopted

 

Replaces everything after the enacting clause. Amends the Illinois Controlled Substances Act. Provides that the Department of Human Services, by rule, may identify certain classes of synthetic drugs and schedule them according to the schedule of the controlled substance or substances they encompass. Provides that to identify new chemical formulas and structural classes of synthetic drugs and their analogs, the Department may consult with the Department of State Police Division of Forensic Services, the United States Department of Justice Drug Enforcement Administration, the United States Office of National Drug Control Policy, the State Board of Pharmacy, the Office of the Attorney General, or with any other agency or group that may have pertinent information regarding synthetic drugs, their chemical structure, effects, or potential for abuse. Establishes factors that the Department must consider in making the determination of whether to schedule a class of synthetic drugs. Defines "synthetic drug". Includes "synthetic drug" and "class of synthetic drug" in the definition of "controlled substance".

 

House Amendment 1 - Tabled

 

Replaces everything after the enacting clause. Amends the Wildlife Code. Removes the prohibition on the use of a silencer or other device to muffle or mute the sound of the explosion or report resulting from the firing of any gun. Amends the Criminal Code of 2012. Provides that a person commits the offense of unlawful use of weapons when he knowingly possesses any device or attachment of any kind primarily designed, used, or intended for use in silencing the report of any handgun; or possesses any device or attachment of any kind designed, used, or intended for use in silencing the report of any other firearm if the device or attachment does not comply with the National Firearms Act (rather than that a person commits the offense of unlawful use of weapons when he knowingly possesses any device or attachment of any kind designed, used or intended for use in silencing the report of any firearm). Effective immediately.

 

House Amendment 2 - Approved

 

Replaces everything after the enacting clause. Amends the Wildlife Code. Removes the prohibition on the use of a silencer or other device to muffle or mute the sound of the explosion or report resulting from the firing of any gun. Amends the Criminal Code of 2012. Provides that a person commits the offense of unlawful use of weapons when he knowingly uses, attaches, or possesses with the intent to use or attach any device or attachment of any kind for silencing the report of any handgun, unless the use, attachment, or possession with the intent to use the device or attachment is on the premises of a firing or shooting range; or possess any device or attachment of any kind designed, used, or intended for use in silencing the report of any other firearm if the device or attachment is not possessed in compliance with the National Firearms Act (rather than a person commits the offense of unlawful use of weapons when he possesses any device or attachment of any kind designed, used or intended for use in silencing the report of any firearm). Provides that a person commits the offense of unlawful sale or delivery of firearms when he or she knowingly transfers or gives a suppressor or silencer to a person not authorized to possess the suppressor or silencer under federal law. Provides that a violation of this provision is a Class 3 felony. Effective immediately.

 

 

 

 

 

HB1016 Safety Tech (Gun Dealer Licensing)

 

Oppose

 

Sponsor: Willis, Mitchell (Christian), Welch, Wallace, Davis, (Monique), Williams, Conroy, Fine, Cassidy, Burke (Dan), Ford, Gabel, Andrade, Davis (Will), Arroyo, Evans, Drury, Flynn-Currie, Feigenholtz, Nekritz, Ammons, Guzzardi, Mussman, Soto, Acevedo, Hernandez, Turner, Lilly, Harper, Tabares, Burke (Kelly), Thapedi

 

Status: Second Reading (Deadline Extended to 5/31/2016)

 

Synopsis As Introduced

 

Amends the Environmental Protection Act. Makes a technical change in a Section concerning acts prohibited under the Act.

 

House Amendment 1 - Withdrawn 5/27/2016

 

House Amendment 2 - Pending

 

Defines "manufacturer" of firearms. Provides that a "dealer" includes any person engaged in the business of selling firearms at wholesale or retail, or repairing firearms or making or fitting special barrels, stocks, or trigger mechanisms to firearms. Provides that the requirements under the Act for dealerships do not apply to: (1) a person who possesses a license to manufacture firearms under the federal Gun Control Act of 1968; or (2) a person who is actually engaged in the business of manufacturing and selling any piece or part of a firearm, but only with respect to the activities which are within the lawful scope of that business.

 

House Amendment 3 - Pending

 

Replaces everything after the enacting clause. 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, 2027. Amends the Illinois Administrative Procedure Act. Makes conforming changes.

 

House Amendment 4 - Pending

 

Replaces everything after the enacting clause. 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, 2027. Amends the Illinois Administrative Procedure Act. Makes conforming changes.

 

House Amendment 5 - Withdrawn 5/27/2016

 

House Amendment 6 - Lost 5/27/2016

 

House Amendment 7 - ?????

 

 

 

 

 

SB2294 Crim Cd Switchblade Knife

 

Support

 

Senate Sponsor: Bivins

 

House Sponsor: Anthony

 

Status: House/Second Reading (Deadline Extended to 5/31/2016)

 

Synopsis As Introduced

 

Amends the Criminal Code of 2012. Eliminates from the unlawful use of weapons violation, the knowing selling, manufacture, purchase, possession, or carrying of a knife, commonly referred to as a switchblade knife, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife. Effective immediately.

 

 

 

 

 

HB2569 Crim Pro - Court Explain Plea

 

Support

 

House Sponsor: Cabello, Anthony, Cassidy, Mayfield

 

Senate Sponsor: Link, Collins, Van Pelt, Morrison, Steans, Biss, Lightford, Kotowski, Cullerton (Tom), Harmon, Hunter, Hutchinson, Stadelman, Delgado, Mulroe

 

Status: House Concurrence

 

Synopsis As Introduced

 

Amends the Code of Criminal Procedure of 1963. Provides that if the defendant pleads guilty the plea shall not be accepted until the court shall have fully explained to the defendant the following: (1) the maximum and minimum penalty provided by law for the offense which may be imposed by the court (rather than the consequences of the plea and the maximum penalty provided by law for the offense which may be imposed by the court); (2) any possible increased sentence by reason of the fact of a prior conviction or future conviction and any possibility of the imposition of consecutive sentences; (3) any registration requirement that accompanies the plea and the restrictions associated with the registration; and (4) the consequences of the plea on a defendant's ability to: (A) retain or obtain housing in the public or private market; ( B ) acquire loans for educational or other purposes; © enroll in certain degree programs; (D) retain or obtain employment; (E) retain or obtain an occupational or driver's license; (F) possess a firearm; and (G) retain or obtain custody of a child.

 

Senate Amendment 4 - Adopted

 

Replaces everything after the enacting clause. Reinserts the engrossed bill with the following changes. Amends the Code of Criminal Procedure of 1963. Deletes the requirements that a defendant who pleads guilty shall have the court explain the consequences of the plea on the defendant's ability to acquire loans for education or other purposes, enroll in certain degree programs, and retain or obtain custody of a child.

 

Senate Amendment 5 - Adopted

 

Replaces everything after the enacting clause. Reinserts the engrossed bill with the following changes. Amends the Code of Criminal Procedure of 1963. Provides that if the defendant pleads guilty the plea shall not be accepted until the court shall have fully explained to the defendant the sentence for any future conviction may be increased or there may be a higher possibility of the imposition of consecutive sentences (rather than any possible increased sentence by reason of the fact of a prior conviction or future conviction and any possibility of the imposition of consecutive sentences); that as a consequence of a conviction or a plea of guilty, there may be registration requirements that restrict where the defendant may work, live, or be present (rather than any registration requirement that accompanies the plea and the restrictions associated with the registration); and that as a consequence of a conviction or a plea of guilty, there may be an impact upon the defendant's ability to, among others: retain or obtain housing in the public or private market; retain or obtain employment; and retain or obtain a firearm, an occupational license, a driver's license (rather than the consequence of the plea on a defendant's ability to). Deletes the requirements that a defendant who pleads guilty shall have the court explain the consequences of the plea on the defendant's ability to acquire loans for education or other purposes, enroll in certain degree programs, and retain or obtain custody of a child.

 

 

 

 

HB6303 Crim Cd Firearms Trafficking

 

Support

 

House Sponsor: Durkin, Turner, Andrade, Acevedo, Cassidy, Evans, Bellock, Mitchell (Christian), Mussman (added after passage: Franks, Ammons, Chapa LaVia, Guzzardi, Manley, Moylan, Welch, Williams, Martwick, Flynn Currie), Sandack

 

Senate Sponsor: Radogno, Hastings, Rezin, Nybo, Murphy (Matt), Connelly, Collins, Raoul, Noland, Morrison, Cullerton (Tom), Harmon, Murphy (Laura), Bush, Hunter, Harris

 

Status: House Concurrence

 

 

Synopsis As Introduced

 

Amends the Criminal Code of 2012. Creates the offense of firearms trafficking. Provides that a person commits the offense when he or she has not been issued a currently valid Firearm Owner's Identification Card and knowingly brings, or causes to be brought, into the State, a firearm or firearm ammunition, or both, for the purpose of sale, delivery, or transfer to any other person or with the intent to sell, deliver, or transfer the firearm or firearm ammunition to any other person. Provides that firearms trafficking is a Class 1 felony for which the person, if sentenced to a term of imprisonment, shall be sentenced to not less than 4 years and not more than 20 years. Provides that firearms trafficking by a person who has been previously convicted of firearms trafficking, gunrunning, or a felony offense for the unlawful sale, delivery, or transfer of a firearm or firearm ammunition in this State or another jurisdiction is a Class X felony. Amends the Unified Code of Corrections. Provides that a period of probation, a term of periodic imprisonment or conditional discharge shall not be imposed when the person has been found guilty of firearms trafficking involving both a firearm and firearm ammunition. Provides that the court shall sentence the offender to not less than the minimum term of imprisonment for the offense. Effective immediately.

 

Senate Amendment 1 - Adopted

 

Provides that the offense of firearms trafficking does not apply to: (1) a person exempt under the Firearm Owners Identification Card Act from the requirement of having possession of a Firearm Owner's Identification Card previously issued in his or her name by the Department of State Police in order to acquire or possess a firearm or firearm ammunition; (2) a common carrier under the exemption from unlawful use of weapons violations under the Criminal Code of 2012; or (3) a non-resident who may lawfully possess a firearm in his or her resident state.

 

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Senate Calendar

10:00 AM

 

Senate Audio/Video Link

 

Livestream Link to current and archived events

 

 

 

 

SB549 Safety Tech

 

Oppose

 

Sponsor: Morrison

 

Status: Third Reading (Deadline Extended to 5/31/2016)

 

Synopsis As Introduced

 

Amends the Illinois Low-Level Radioactive Waste Management Act. Makes a technical change in a Section concerning the short title.

 

Senate Committee Amendment 1 - Pending

 

Replaces everything after the enacting clause. Amends the Firearm Owners Identification Card Act. Provides that if the Department of State Police determines, based on information obtained under the dial up system or from a seller contacting the Department of State Police in a private sale to determine the validity of the attempted purchaser's FOID Card, that a person attempting to purchase a firearm or applying for a Firearm Owner's Identification Card is disqualified from possessing a firearm under State or federal law, the Department of State Police shall send notification of denial to all local law enforcement agencies, State's Attorneys, and United States Attorneys who have jurisdiction over either: (1) the area where the attempted purchase occurred; or (2) the area where the attempted purchaser or applicant resides. Provides that the notification shall include the identity of the attempted purchaser or applicant, the date and time of the denial, the grounds for the denial, and the location where the attempted purchase or application was made. Provides for the submission of annual written reports to the Department of State Police by local law enforcement agencies and State's Attorneys who receive the notifications. Provides that the Department of State Police shall publish a written report, on an annual basis, including the following information: (1) the number of denials of firearm transfers; (2) the number of denials of applications for Firearm Owner's Identification Cards; (3) the number of notifications of denial made to State law enforcement agencies, local law enforcement agencies, State's Attorneys, and United States Attorneys; (4) if notification was not made for any denials, an explanation of why the notification was not made; (5) the number of investigations opened, the number of investigations concluded, and the number of referrals for prosecution; (6) the number of investigations opened, by grounds for denial; (7) the number of referrals for prosecution, by grounds for denial; (8) the number of charges arising from denials, by type of charge and grounds for denial; and (9) the disposition of all these charges, by type of charge and grounds for denial.

 

 

 

 

 

SB3076 IEMA Police Powers

 

Oppose

 

Senate Sponsor: Muñoz, Silverstein, Clayborne

 

Status: Third Reading (Deadline Extended to 5/31/2016)

 

Synopsis As Introduced

 

Amends the Illinois Emergency Management Agency Act. Authorizes the board of commissioners in a county having a population of more than 500,000 people to establish police powers within its Office or Department of Homeland Security and Emergency Management and to define and prescribe certain employees hired in that Office or Department with peace officers' duties and compensation. Establishes certain training and other requirements that a person must fulfill before he or she is appointed with police powers. Provides that a person with police powers shall have the power to investigate and mitigate threats of manmade disasters, protect the county's critical infrastructure, have access to law enforcement databases, protect the county's emergency assets and personnel that get deployed upon the request of local law enforcement agencies in emergency circumstances, protect county elected officials as requested, and observe and enforce local, county, and State ordinances and laws.

 

Senate Committee Amendment 1 - Adopted

 

Replaces everything after the enacting clause. Reinserts the language from the introduced bill with the following changes: Authorizes the board of commissioners in a county having a population of more than 1,000,000 (rather than 500,000) people to establish police powers within its Office or Department of Homeland Security and Emergency Management and to define and prescribe certain employees hired in that Office or Department with peace officers' duties and compensation. Provides that the sworn employees of the Office or Department shall not initiate independent investigations within any community without working in concert with local law enforcement.

 

 

 

 

 

SB3333 FOID Revoke Order of Protect

 

Neutral

 

Senate Sponsor: Cunningham

 

Status: Third Reading (Deadline Extended to 5/31/2016)

 

Senate Committee Amendment 1 - Adopted

 

Replaces everything after the enacting clause. Amends the Firearm Owners Identification Card Act. Provides that the Department of State Police shall provide notice of the revocation of a person's Firearm Owner's Identification Card for being subject to an existing order of protection to all law enforcement agencies with jurisdiction to assist with the seizure of the person's Firearm Owner's Identification Card.

 

 

 

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Posted · Hidden by mauserme, May 31, 2016 at 02:18 AM - No reason given
Hidden by mauserme, May 31, 2016 at 02:18 AM - No reason given

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HB6331 FOID Revoke Order Protect passed the Senate Yesterday. Having passed both bodies, the bill will be sent to the Governor for signature. IllinoisCarry is neutral on this bill.

 

Both House Amendment 2 to SB206 Criminal Law Tech (Suppressors) and the Motion to Concur with Senate Amendment 1 to HB6303 Crim Cd Firearms Trafficking were approved in House committee.

 

Talk continues of an Amendment 7 to HB1016 Safety Tech (Gun Dealer Licensing)

 

The problem with taking so many bites of the Licensing apple is that it brings you down to the parts of the apple most people throw in the trash. The seeds of an idea simply are not a viable bill.

 

We wonder, at this point, if the sponsor will offer any opportunity to read her latest work or if she will ask us to trust her judgement when she tells us the many virtues of her latest iteration of Dealer Licensing. While we are confident that she will one day be a capable legislator, that day is not here. This constant practice at our expense must come to an end.

 

 

The House is scheduled for 11:00 AM. The Senate is scheduled for 10:00 AM.

 

Today is the last scheduled day of the Spring Session. In all likelihood session will run into the Summer.

 

 

Finally, and of greatest importance, a quick Thank You to everyone who filled in yesterday while I was away. Illinois has come to expect great things of our members. They were not disappointed.

 

Next Days Scheduled

 

House: End of Scheduled Session

Senate: End of Scheduled Session

 

 

House Calendar

 

Senate Calendar

 

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In this AM's SJ-R, the speaker was quoted as saying the house would be in session every Wednesday through June.

 

http://www.sj-r.com/news/20160530/another-year-without-budget-sure-looking-that-way

 

 

I also noticed that Rep. Bourne has signed on as a co-sponsor of SB206. :)

 

(Edited to add link to article.)

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I think there were some questions about the SB206 committee vote yesterday.Here's the roll call:attachicon.gifSB206 HFA2 Committe Vote.PNG

 

Interesting is all I can say. That definitely explains the prolonged silence and confusion taking place before the vote count was recorded.

Huh? I'm missing something ...

It was coming out of committee regardless.

 

I know one of the yes votes was a no vote when asked. One of the yes votes isn't even on the roll.

 

If you listened in at the very end of the vote everyhing went silent and there was a lot of confusion going on with the committee members. Then the tally was announced and reported favorably to the floor.

 

 

No big deal, just made me laugh.

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I think there were some questions about the SB206 committee vote yesterday.Here's the roll call:attachicon.gifSB206 HFA2 Committe Vote.PNG

Interesting is all I can say. That definitely explains the prolonged silence and confusion taking place before the vote count was recorded.

Phelps did not look happy while that was going on. The frown on his face had me worried.
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I won't be able to watch much today. Very very busy with work. If it comes to the floor for vote, can someone call out the blue room stream time stamp so I can go back and watch it please.

 

I'll refresh this page throughout the day.

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I think there were some questions about the SB206 committee vote yesterday.Here's the roll call:attachicon.gifSB206 HFA2 Committe Vote.PNG

Interesting is all I can say. That definitely explains the prolonged silence and confusion taking place before the vote count was recorded.

Phelps did not look happy while that was going on. The frown on his face had me worried.

I originally thought it failed, but couldn't hear all of the votes. Then it was silent for the longest time and you heard the chairman say Currie.

 

They had asked Phelps his vote, but he wasn't subbing in for Currie like Sunday.

 

IL politics amuse me, and just goes to show the shadiness of Madigan. Vote yes on HB1016 HFA6 and then work to get a pro-bill out.

 

I just wish we could hack into the house monitor that shows floor voting and who is adressing the floor during debate.

 

Would be great to replay the Madigan floor address before the current CCL bill was passed each time a new gun bill is set for vote.

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I think there were some questions about the SB206 committee vote yesterday.Here's the roll call:attachicon.gifSB206 HFA2 Committe Vote.PNG

Interesting is all I can say. That definitely explains the prolonged silence and confusion taking place before the vote count was recorded.

Phelps did not look happy while that was going on. The frown on his face had me worried.

 

 

 

I think Rep. Phelps thought he had been subbed on to the committee in place of Barbara Flynn-Currie and he was asked for his vote, so that leads me to believe the chairman thought so too. However, Currie spoke up and said she had not relinquished her seat to Phelps. There was some discussion and clarification. The vote count went without Rep. Phelps vote.

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Todd stated yesterday he thinks the senate will jerk around with the bill and sit on it. First things first we gotta let our reps know this is a good bill and pass it today!

 

I am emailing mine right now. Not alot of good it'll do lol

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Zalewski voted yes?

I heard Zalewski vote no, I think after the Phelps mishap his vote was changed to yes.

 

Like I said, it's not a big deal but shows the shenanigans can go both ways.

 

Wish this stood a better chance in the Senate then what it sounds like it does.

 

 

It is sickening seeing howbthey run things knowing HB1016 is probable to skip everything this bill was forced to go through and get a floor vote.

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The moment this passes the house, and I truly think it will, I am going to email my senators and cullertons and maybe even try to call. Ok now back to work for me. Will check back at about noon.
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