Illinois General Assembly 5/30/2021

[mauserme]

UPDATE(S)

 

Senate Amendment 1 to HB1092 was adopted in committee and the bill was approved for consideration.

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In the House yesterday, HB1091 "Fix The FOID" passed on a vote of 60/50/0. A Motion to Reconsider was subsequently filed, holding the bill in the House. It has not been read in the Senate yet and, at this point, in cannot be read the required three times by end of session tomorrow. We will be watching for amendments to other bills that might accomplish their anti-gun goals.

 

We may never know if they're trying to pull the wool over our eyes or those of their members, but the wool is indeed being pulled. If I was a member of Moms Demand Action, I would be demanding some answers of Representative Hirschauer.

 

 

The House is schedule for 11:00 AM and the Senate for 1:00 PM today.

 

 

 

Next Days Scheduled

 

House: 5/31/2021

Senate: 5/31/2021

 

 

 

House Calendar

 

 

Senate Calendar

 

Senate Supplemental Calendar 1

 

Senate Supplemental Calendar 2

 

 

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Illinois General Assembly - Bill Status for HB1091 1.pdf

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House Calendar

11:00 AM

 

 

HB1091 "Fix The FOID Act"

 

Oppose

 

House Sponsor: Hirschauer, Welch, Willis, Stoneback, Delgado, Carroll, Slaughter, Mussmanm, Mah, Ortiz, Robinson, Costa Howard, Ford, Williams, Stava-Murray, Croke, West, Conroy, Cassidy, LaPonte, Gong-Gershowitz, Morgan, Evans, Moeller, Guzzardi, Collins, Ammons, Gonzalez, Hernandez (Barbara), Hernandez (Elizabeth), Walker, Gabel, Didech, Yang Rohr, Harris, Mason, Williams

 

Status: Passed House/Motion to Reconsider Filed

 

Synopsis As Introduced

 

Amends the Criminal Code of 2012. Makes a technical change in a Section concerning the applicability of the common law.

 

House Amendment 1 to HB1091 - Adopted

 

Replaces everything after the enacting clause. Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that the Illinois State Police shall establish a portal for use by federal, State, or local law enforcement agencies, including Offices of the State's Attorneys and the Office of the Attorney General to capture a report of persons whose Firearm Owner's Identification Cards have been revoked or suspended. Provides that the portal is for law enforcement purposes only. Amends the Firearm Owners Identification Card Act. Provides that an applicant for the issuance or renewal of a Firearm Owner's Identification Card shall include a full set of his or her fingerprints in electronic format to the Illinois State Police, unless the applicant has previously provided a full set of his or her fingerprints to the Illinois State Police under the Act or the Firearm Concealed Carry Act. Provides that a Firearm Owner's Identification Card issued under the Act shall be valid for the person to whom it is issued for a period of 5 years (rather than 10 years) from the date of issuance, but provides that any person whose card was previously issued for a period of 10 years shall retain the 10-year issuance period until the next date of renewal, at which point the card shall be renewed for 5 years. Provides that the Firearm Disposition Record shall contain a statement to be signed by the transferee that the transferee: (1) is aware of, and will abide by, 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; and (3) intends to retain possession of the firearm or firearms until it is determined that the transferor is legally eligible to possess a firearm and has an active Firearm Owners Identification Card, if applicable, or until a new person is chosen to hold the firearm or firearms. Creates within the Illinois State Police a Firearm Owner's Identification Card Review Board to consider any appeal of the denial or revocation and seizure of a Firearm Owner's Identification Card by the Illinois State Police, other than an appeal directed to the circuit court. Provides that a Firearm Owner's Identification Card of a licensee under the Firearm Concealed Carry Act shall not expire during the term of the licensee's concealed carry license. Provides that the Illinois State Police shall deny an application or shall revoke and seize a Firearm Owner's Identification Card previously issued under the Act if the Illinois State Police finds that the applicant or person to whom such card was issued is or was at the time of issuance subject to a civil no contact order or a stalking no contact order. Provides for email notifications from the Illinois State Police upon request of an applicant or Card holder. Amends various other Acts to make conforming changes.

 

 

 

 

HR346 Gun Violence Awareness Day

 

Neutral

 

House Sponsor: Hirschauer

 

Status: Rules Committee

 

Synopsis As Introduced

 

Declares June 4, 2021 Gun Violence Awareness Day in the State of Illinois.

 

 

 

 

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[mauserme]

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Senate Calendar

1:00 PM

 

HB1092 Criminal Law - Tech

 

Oppose

 

House Sponsor: Stoneback, Welch, Slaughter, Hirschauer, Ramirez, LaPointe, Yang Rohr, Morgan, Gabel, Gong-Gershowitz, Williams (Jawaharial), Stava-Murray, Evans, Mason, Walker, Buckner (Added after passage: Lilly)

 

Senate Sponsor: Gillespie, Morrison, Villivalam

 

Status: In Senate Committee

 

Synopsis As Introduced

 

Amends the Criminal Code of 2012. Makes a technical change in a Section concerning the definition of "conviction".

 

House Amendment 1 to HB1092 - Adopted

 

Replaces everything after the enacting clause. Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Provides that the Department of Public Health, subject to appropriation or other available funding, shall conduct a program to promote awareness of firearms restraining orders to the general public. Provides that beginning July 1, 2022, the program must include the development and dissemination, through print, digital, and broadcast media, of public service announcements that publicize the options victims of domestic violence have to seek help with special emphasis on the firearms restraining order. Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Creates the Commission on Implementing the Firearms Restraining Order Act. Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board shall develop and approve a standard curriculum for a training program on the Firearms Restraining Order Act. Provides that the Board shall conduct a training program that trains officers on the use of firearms restraining orders, how to identify situations in which a firearms restraining order is appropriate, and how to safely promote the usage of the firearms restraining order in a domestic violence situation. Provides that the curriculum of police training schools shall also include training on the use of a firearms restraining order by providing instruction on the process used to file a firearms restraining order, how to identify situations in which a firearms restraining order is appropriate, and how to promote a firearms restraining order in a domestic violence situation. Provides that if adequate firearms restraining order training is unavailable, the Illinois Law Enforcement Training Standards Board may approve training to be conducted by a third party. Officers who have successfully completed this program shall be issued a certificate attesting to their attendance. Amends the Firearms Restraining Order Act. Provides that a firearms restraining order includes the seizure of the respondent's ammunition and firearm parts that could be assembled to make an operable firearm. Provides that "family member of the respondent" includes a former spouse and a person with whom the respondent has or allegedly has a child in common. Provides that a petition for a firearms restraining order may be filed in any county where an incident occurred that involved the respondent posing an immediate and present danger of causing personal injury to the respondent or another by having in his or her custody or control, or purchasing, possessing, or receiving, a firearm or ammunition or firearm parts that could be assembled to make an operable firearm. Includes printing a petition for a firearms restraining order for which no fees may be charged by the circuit clerk. Provides that the Illinois State Police shall submit a yearly report to the General Assembly concerning the applications and issuance of firearms restraining orders. Makes other changes.

 

Senate Amendment 1 to HB1092 - Pending

 

Further amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Provides that the Department of Public Health's program to promote awareness of firearms restraining orders shall include production of materials that can be given to health care workers that assist in identifying people who may benefit from awareness of the Firearms Restraining Order Act (rather than victims of domestic violence and how to safely and discreetly determine if a potential abuser possesses a firearm). Deletes language providing that the program must include the development and dissemination of public service announcements that publicize the options for victims of domestic violence to seek help. Further amends the Department of State Police Law of the Civil Administrative Code of Illinois. Changes the composition of the Commission on Implementing the Firearms Restraining Order Act. Removes language providing for a member of a nonprofit organization whose mission is to reduce gun violence with experience educating the public about the Firearms Restraining Order Act, nominated by such an organization whose membership is the most numerous in Illinois. Adds to the membership the Director of Public Health or the Director's designee. Further amends the Illinois Police Training Act. Deletes language providing that police officer training shall include how to promote a firearms restraining order in a domestic violence situation. Further amends the Firearms Restraining Order Act. In the definition of "family member of the respondent", replaces new provision that the definition includes a person with whom the respondent has or allegedly has a child in common with a person with whom the respondent has a minor child in common.

 

 

 

 

SB1165 "FOID Modernization Act"

 

Oppose

 

Senate Sponsor: Koehler, Holmes, Belt, Hastings, Crowe, Joyce, Glowiak Hilton, Connor, Cappel, Cullerton, Bennett, Martwick, Turner (Doris), Muñoz, Cunningham, Curran, Johnson, Landek, Stadelman (Sponsorship Removed: Bryant, DeWitte)

 

Status: Third Reading/Re-Referred to Assignments

 

Synopsis As Introduced

 

Amends the Abandoned Refrigerator Act. Makes a technical change in a Section concerning the short title.

 

Senate Amendment 1 to SB1165 - Pending

 

Replaces everything after the enacting clause. Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that the Illinois State Police shall establish a portal for use by federal, State, or local law enforcement agencies, including Offices of the State's Attorneys and the Office of the Attorney General to capture a report of persons whose Firearm Owner's Identification Cards have been revoked or suspended. Provides that the portal is for law enforcement purposes only. Amends the Firearm Owners Identification Card Act. Provides that each applicant for the issuance of a Firearm Owner's Identification Card may include a full set of his or her fingerprints in electronic format to the Illinois State Police. Provides that a Firearm Owner's Identification Card of a licensee under the Firearm Concealed Carry Act shall not expire during the term of the licensee's concealed carry license. Provides that the Illinois State Police shall deny an application or shall revoke and seize a Firearm Owner's Identification Card previously issued under the Act if the Illinois State Police finds that the applicant or person to whom such card was issued is or was at the time of issuance subject to a civil no contact order or a stalking no contact order. Provides for email notifications from the Illinois State Police upon request of an applicant or Card holder. Create expanded rule making authority for the Illinois State Police concerning the Firearm Owners Identification Card Act and the Firearm Concealed Carry Act. Makes conforming changes in various other Acts.

 

 

 

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[mauserme]

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Senate Committee(s)

 

Senate Executive Committee - 4:30 PM Virtual Room 1

 

HB1092 Firearm Restraining Order Expansion - OPPOSE

 

 

 

 

Items in bold are included in our current Call to Action

[MRE]

“ If I was a member of Moms Demand Action, I would be demanding some answers of Representative Hirschauer.”

 

Judging by her lack of procedural knowledge, and her inability to answer simple questions about existing law, exhibited on full display yesterday, I wouldn’t expect any answers from her. It was truly an embarrassing show for someone supposedly so “experienced” with these issues. The “I’m new here” excuse was equally troubling. You’re a representative, not an intern.

 

The last few years they’ve gotten these bills through one chamber but stalled it in the other, presumably to get the press on it and fundraise more off of it. It will be interesting to see what happens this time, either by utilizing a shell bill in the Senate this weekend or holding it for amendments in the fall or next Spring. Next year being an election year would just add to the debate and pressure.

[mauserme]

I'm not saying we can relax yet, not even close, but this has all the earmarks of a participation trophy.

[steveTA84]

So basically with a motion to reconsider vote, that would drop it to 59-50 or 59-51, thus not passing the house because it didn’t reach 60, right?

[mauserme]

So basically with a motion to reconsider vote, that would drop it to 59-50 or 59-51, thus not passing the house because it didn’t reach 60, right?

It was used as a procedural maneuver to keep the bill in the House - to prevent it from being sent to the Senate.

 

Since a Motion to Reconsider the Vote has to filed by a member who voted on the prevailing side this motion, in my opinion, was pre-arranged. I believe they went into debate knowing the bill would not be released.

 

It was filed very shortly after the vote, by the way. We sat on the information until after the calendar changed to 5/30 on the very slim and entirely unlikely chance that it was filed on the wrong bill. There's no sense giving anyone an opportunity to correct this sort of thing while there's still time to move it.

[steveTA84]

Thanks Mauser. And wow. While I’m not worried about this law being upheld if it did advance and get signed into law (forcing people with FOID cards to get fingerprinted won’t stand constitutional muster), this is really interesting to watch unfold. If the HB1091 is in fact held in the house and doesn’t move now, I have a feeling that the moms and their allies are going to be on a warpath and perhaps even more upset than we would all be if the bill passed (I really found it interesting that Hirschauer showed complete lack of understanding for current law and also admitted she doesn’t own a gun nor have a FOID, which once again shows these people have no skin in the game). Watching Hirschauer yesterday was worth a bunch of laughs. She was all over the place, making promises we know wouldn’t be kept, saying there’s support and such where there’s no proof there is, and speaking on behalf of the senate and what they’ll do. Is there a link of the session btw? I recorded bits and pieces, but not the whole thing when it was up a second time.

[mauserme]

No, without access to the BlueRoom stream the best we can get is a session transcript, but that won't be out for weeks at best. There are none available for the entirety of the 102nd GA so far.

[steveTA84]

Well, I recorded Willis talking about how it’s ok to require fingerprints because people did it with their employers and also recorded most of the exchange between Wheeler and Hirschauer. If anyone wants that stuff let me know

[mauserme]

It's possible, too, that this bill will be used as a campaign issue down the road.

[steveTA84]

Yes on the campaign issue, Hirschauer is a freshman rep (it showed lol), and if it is in fact held, then MDA can use it failing by 1 vote (or if it’s held I the senate) as a means to push for more of these unskilled and puppet politicians to be installed via emotional campaign pleas on why we need more Bloomberg backed dummies (ventriloquist term) to be elected.

[steveTA84]

I’m almost hoping it passes and is signed into law. I can just picture the lawsuits (65 year old fixed income woman wants to renew her FOID, but doesn’t have transportation to nearest finger print vendor in order to be compliant with the law, thus is denied her chance to renew). That fingerprinting requirement is a poison pill, but as long as it makes them feel good LOFL

[steveTA84]

Now add in Stoneback’s comments yesterday when she was ranting at the legislators who called the Bill garbage. She kept going and saying this is needed to save the lives of black and brown people, therefor admitting the reason she supports it is for racial reasons. So, because of violence in the city committed by non-FOID holders (many w/priors), we need more laws so that blacks and other minorities need to be fingerprinted before renewing their FOID or getting a FOID? Oh man, sooooo many routes to take on a lawsuit lol

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The House is coming to order.

 

115 members are present.

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The Senate is coming to order.

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The House is in recess until about 3 PM

[Rangerdeepv]

This kind of garbage legislation almost makes a person want to go to law school to break if off in a ding-a-lings ear in court!

Well maybe not a lawyer..................

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I'll be away about 1/2 hour.

[springfield shooter]

Well, I recorded Willis talking about how it’s ok to require fingerprints because people did it with their employers and also recorded most of the exchange between Wheeler and Hirschauer. If anyone wants that stuff let me know

Did you get the part where someone (reportedly) said that the Second Amendment isn't the law of the land?

[steveTA84]

 

Well, I recorded Willis talking about how its ok to require fingerprints because people did it with their employers and also recorded most of the exchange between Wheeler and Hirschauer. If anyone wants that stuff let me know

 

Did you get the part where someone (reportedly) said that the Second Amendment isn't the law of the land?

That was Willis, and yes, I got it. Here:

trim.2502B190-02ED-4B71-A9A6-0DD347AFFBF9.MOV

[springfield shooter]

 

 

Well, I recorded Willis talking about how its ok to require fingerprints because people did it with their employers and also recorded most of the exchange between Wheeler and Hirschauer. If anyone wants that stuff let me know

Did you get the part where someone (reportedly) said that the Second Amendment isn't the law of the land?

That was Willis, and yes, I got it. Here:

 

Thanks. Interesting that's she's wearing an American flag scarf while making such a statement.

[davel501]

“ If I was a member of Moms Demand Action, I would be demanding some answers of Representative Hirschauer.”

Judging by her lack of procedural knowledge, and her inability to answer simple questions about existing law, exhibited on full display yesterday, I wouldn’t expect any answers from her. It was truly an embarrassing show for someone supposedly so “experienced” with these issues. The “I’m new here” excuse was equally troubling. You’re a representative, not an intern.

The last few years they’ve gotten these bills through one chamber but stalled it in the other, presumably to get the press on it and fundraise more off of it. It will be interesting to see what happens this time, either by utilizing a shell bill in the Senate this weekend or holding it for amendments in the fall or next Spring. Next year being an election year would just add to the debate and pressure.

I'd go further and say the people of Illinois should be asking serious questions. A rep trying to get a bill passed that strips rights from people that have committed no crime is a serious undertaking and requires clear command of all of the facts. This was a disgusting failure of democracy.

[mauserme]

The Senate is in recess.

 

It sounded as if posting requirements were waived on HB1092. Expect a Call to Action as soon as links become available.

[steveTA84]

 

 

Well, I recorded Willis talking about how its ok to require fingerprints because people did it with their employers and also recorded most of the exchange between Wheeler and Hirschauer. If anyone wants that stuff let me know

Did you get the part where someone (reportedly) said that the Second Amendment isn't the law of the land?

That was Willis, and yes, I got it. Here:

YouTube link for those that can’t view it

 

https://youtu.be/pcmdbBlBFS0

[2A4Cook]

Everyone who voted for that thing should be beaten to a pulp with their own stupid-sticks!

[mauserme]

See our Call to Action on HB1092.

[mauserme]

The Senate Executive Committee will meet in Virtual Room 1