Illinois General Assembly 5/17/2023

[mauserme]

UPDATE(S):

 

The Senate Executive Committee approved HB218 Civil Law - Tech (Firearm Industry Responsibility Act) for consideration.
 

House concurred in Senate Amendment 1 to HB2220  to HB2220 Innkeeper Protection.  This bill has passed both bodies and will now be sent to the Governor.

 

 

 

 

[mauserme]

Yesterday, the House passed HB219 Civil Law - Tech to the Senate, as amended by HA1 and HA3.  HA2 was tabled.  Though not directly related to firearms we've been keeping an eye on this one.
 
 
 
The House and Senate are scheduled for 11:00 AM today.
 
 

 
Next Days Scheduled
 
House:  5/18/2023
Senate: 5/18/2023
  
 
 
House Calendar

 
Senate Calendar

Senate Supplemental Calendar 1
 

 

 

[mauserme]

House Calendar

11:00 AM

 
HB2220 Innkeeper Protection
 
Neutral with Adoption of House Amendment 1
 
House Sponsor:  Collins, Stephens (Added after Passage:  Lilly)
 
Senate Sponsor:  Johnson
 
Status:  House Concurrence in Senate Amendment 1
  
Synopsis As Introduced
 
Amends the Innkeeper Protection Act. Provides that a proprietor or manager of a hotel may remove or cause to be removed from a hotel or refuse to admit or refuse service or accommodations to a guest or other person who violates specified provisions. Provides that if the guest has paid in advance, the innkeeper shall tender to the guest any unused portion of the advance payment at the time of removal. Provides that the amendatory provisions shall not be used as a pretext to discriminate against a guest on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin. Effective immediately.
 
House Amendment 1 to HB2220 - Adopted
 
Removes language providing that a proprietor or manager of a hotel may remove or cause to be removed from a hotel a guest or other person who brings property into the hotel that may be dangerous to other persons, including firearms or explosives.
 
House Amendment 2 to HB2220 - Adopted
 
Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: Removes language providing that a proprietor or manager of a hotel may refuse to admit or refuse service or accommodations to a person who: while on the premises of the hotel, acts in an obviously intoxicated manner; or is under the age of 18 years of age and is not accompanied by an adult. Removes language providing that a proprietor or manager of a hotel may remove or cause to be removed from a hotel a guest or other person who: is unable to pay for accommodations or services; while on the premises of the hotel, acts in an obviously intoxicated manner; and brings property into the hotel that may be dangerous to other persons. Provides that nothing shall be used as a pretext to discriminate against a guest on the basis of characteristics protected under local, State, or federal antidiscrimination laws (rather than on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin). Provides that the provisions do not limit any rights or protections that a guest or other person may have under local, State, or federal antidiscrimination or civil rights laws. Effective immediately.
 
Senate Amendment 1 to HB2220 - Adopted
 
Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following changes: Prohibits a proprietor or manager of a hotel from ejecting a guest while the area the hotel is located in is under a severe weather warning without first giving a verbal or written warning to the guest that the guest may be ejected for the guest's behavior. Provides that nothing in the provisions regarding the right to eject shall be used as a pretext to terminate a month-to-month, yearly, or any other term lease, written or oral, of a permanent resident. Prohibits a proprietor or manager of a hotel from terminating the lease of a permanent resident without first going through the appropriate legal process required to lawfully terminate such lease. Provides that the provisions regarding the right to eject do not limit any rights or protections a permanent resident may have under local, State, or federal landlord or tenant laws or fair housing laws. Effective 60 days after becoming law (rather than immediately).
  
 
 
 
 
HB2412 State Police - Organization
 
Under Review
 
House Sponsor:  Hoffman, Welch, Guerrero-Cueller, Vella, Elik, Moylan, Carroll, West, Johnson, Sosnowski
 
Senate Sponsor:  Morrision, Turner (Sally), Belt, Edly-Allen, Rose, Harriss, Bryant, Martwick, Hastings, Porfirio (Added after passage:  Johnson, Cervantes, Hunter
 
Status:  House Concurrence in Senate Amendment 1, Senate Amendment 2, & Senate Amendment 3
 
Synopsis As Introduced
 
Amends the Illinois State Police Law of the Civil Administrative Code of Illinois. Adds duties to various Divisions of the Illinois State Police. Amends the State Finance Act. Abolishes the State Police Streetgang-Related Crime Fund. Provides for, on the effective date of the amendatory Act, or as soon thereafter as practical, the transfer of the remaining balance from the State Police Streetgang-Related Crime Fund to the State Police Operations Assistance Fund. Amends the Intergovernmental Missing Child Recovery Act of 1984. Provides that the Illinois State Police's quality control program shall assess (rather than monitor) the timeliness of entries of missing children reports into LEADS and conduct performance audits of all entering agencies. Amends the School Code. Provides that, upon receipt of any written, electronic, or verbal report from any school personnel regarding a verified incident involving a firearm in a school or on school owned or leased property, including any conveyance owned, leased, or used by the school for the transport of students or school personnel, the local law enforcement authorities shall report all such firearm-related incidents occurring in a school or on school property to the Illinois State Police (rather than the superintendent or his or her designee reporting to the Illinois State Police) in a form, manner, and frequency as prescribed by the Illinois State Police. Amends the Sex Offender Registration Act. Provides for, on the effective date of the amendatory Act, or as soon thereafter as practical, the transfer of the remaining balance from the Sex Offender Investigation Fund to the Offender Registration Fund. Provides that upon completion of the transfers, the Sex Offender Investigation Fund is dissolved, and any future deposits into the Sex Offender Investigation Fund and any outstanding obligations or liabilities of the Sex Offender Investigation Fund pass to the Offender Registration Fund. Effective January 1, 2024, with some provisions concerning funds transfers effective immediately.
 
House Amendment 1 to HB2412 - Adopted
 
Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Amends the Gun Trafficking Information Act. Provides that the Illinois State Police shall use all reasonable efforts in making publicly available key information related to firearms used in the commission of crimes in this State which are reported to and investigated by the Illinois State Police. Makes other changes. Further amends the Illinois State Police Law of the Civil Administrative Code of Illinois. Removes references to the Arsonist Registration Act and the Illinois Gambling Act. Modifies provisions relating to the functions of the Division of Criminal Investigation and Division of Forensic Services. Adds a cross-reference to a reference to the prohibited persons portal. Makes other changes. Amends the Illinois State Police Act. Provides that the Illinois State Police shall divide into zones, troops, or regions (rather than districts). Amends the Illinois State Police Radio Act. Makes changes relating to the STARCOM21 Oversight Committee. Effective immediately, except that some provisions take effect January 1, 2024.
  
House Amendment 2 to HB2412 - Tabled
 
Senate Amendment 1 to HB2412 - Adopted
 
Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Further amends the Gun Trafficking Information Act. Provides that the Illinois State Police shall use all reasonable efforts in making publicly available key information related to firearms used in the commission of crimes in the State (removing a requirement that the crimes are reported to and are investigated by the Illinois State Police). Further amends the Illinois State Police Law of the Civil Administrative Code of Illinois. Provides that the Illinois State Police shall implement specified protective service functions. Provides that the Office of the Director of the Illinois State Police shall oversee the Executive Protection Unit. Changes the Division of Patrol Operations to the Division of Patrol, and makes conforming changes in the Illinois State Police Law, the State Finance Act, and the Illinois Pension Code. Provides that the Division of Forensic Services shall establish forensic laboratories (rather than forensic toxicological laboratories) in specified locations. Provides that the Division of Justice Service shall share all necessary information with the Concealed Carry Licensing Review Board and the Firearms Owner's Identification Card Review Board necessary for the execution of their duties (rather than liaise with the Concealed Carry Licensing Review Board and the Firearms Owner's Identification Card Review Board). Provides that successful completion of the Illinois State Police Academy meets all law enforcement certification requirements for the State of Illinois and that satisfactory completion shall be evidenced by a commission or certificate issued to the officer. Adds one member who is a medical examiner or coroner to the Illinois Forensic Science Commission. Makes other changes. Further amends the State Finance Act. In provisions relating to the State Police Revocation Enforcement Fund, provides that any surplus in the Fund beyond what is necessary to ensure compliance with the provisions or moneys that are specifically appropriated for the purposes stated in the provisions shall be used by the Illinois State Police to award grants to assist with the data reporting requirements of the Gun Trafficking Information Act. Amends the Intergovernmental Drug Laws Enforcement Act. Provides that a Metropolitan Enforcement Group eligible to receive State grants to help defray the costs of operation may enforce provisions of the Firearm Owners Identification Card Act relating to revocation of a Firearm Owner's Identification Card. Effective immediately, except that some provisions take effect January 1, 2024.
 
Senate Amendment 2 to HB2412 - Adopted
 
In the Illinois State Police Law of the Civil Administrative Code of Illinois, limits provisions authorizing the Illinois State Police to implement protective service functions to State facilities, State officials, and State employees serving in their official capacity. Provides that overseeing of specified planning and implementation of security and law enforcement activities may be done in State-owned, State-leased, or State-operated critical infrastructure or facilities (rather than State critical infrastructure or State facilities). Provides that the Division of Patrol may provide comprehensive law enforcement services to the public and to county, municipal, and federal law enforcement agencies only at their request. Provides that the Division of Criminal Investigation shall oversee Illinois State Police (rather than only oversee) special weapons and tactics (SWAT) teams, including law enforcement response to weapons of mass destruction. In provisions in the Sex Offender Registration Act relating to transferring the remaining balance from the Sex Offender Investigation Fund to the Offender Registration Fund, removes language providing that, subject to appropriation, moneys in the Offender Registration Fund received under the provisions shall be used by the Illinois State Police for purposes authorized under the provisions.
 
Senate Amendment 3 to HB2412 - Adopted
 
Amends the Freedom of Information Act. Provides that the exemption from inspection and copying of images from cameras under the Expressway Camera Act is inoperative on July 1, 2025 (rather than 2023). In provisions amending the Illinois State Police Law of the Civil Administrative Code of Illinois, provides that successful completion of the Illinois State Police Academy satisfies the minimum standards of specified provisions of the Illinois Police Training Act and exempts State police officers from the Illinois Law Enforcement Training Standards Board's State Comprehensive Examination and Equivalency Examination (rather than successful completion of the Illinois State Police Academy meets all law enforcement certification requirements for the State of Illinois).
 
 
  
 
  
HB3456 World Shoot & Recreation Complex
 
Neutral
 
House Sponsor:  Friess, Halbrook, Rosenthal, Schmidt, Elik, Jacobs, Bunting
 
Senate Sponsor:  Bryant (Added after passage:  Fowler)
 
Status:  House Concurrence in Senate Amendment 1 & Senate Amendment 2
 
Synopsis As Introduced
 
Amends the State Property Control Act. Provides that notwithstanding any other provision of the Act or any other law to the contrary, the Director of Natural Resources may dispose of the World Shooting and Recreational Complex located in Sparta, Illinois. Provides that the Director may sell the complex. Provides that if the Director opts to sell the World Shooting and Recreational Complex, the Director shall dispose of the property using a competitive sealed proposal process. Establishes requirements of the proposal process. Provides that the Director may order such surveys, abstracts of title, or commitments for title insurance, environmental reports, property condition reports, appraisals, or any other services or materials as the Director may deem necessary. Provides that all conveyances of property made by the Director under this provision shall be by quit claim deed and subject to existing public utilities, existing public roads, and any and all reservations, easements, encumbrances, covenants, and restrictions of record. Provides that moneys received from the sale of real property under this provision, and deemed necessary to repay tax-exempt bond proceeds issued for the purpose of acquisition, development, or improvement of the property, shall be deposited into the Capital Development Fund. Provides that any remaining funds may be deposited into other special funds used in the acquisition and development of the property by the State, provided that any obligations of the State to the purchaser acquiring the property, a contractor involved in the sale of the property, or a unit of local government may be remitted from the proceeds during the closing process and need not be deposited in the State treasury prior to closing. Amends the Illinois Procurement Code to make conforming changes. Effective immediately.
 
Senate Amendment 1 to HB3456 - Adopted
 
Replaces everything after the enacting clause. Creates the Department of Natural Resources World Shooting and Recreational Complex Act. Provides that the Department of Natural Resources may enter into a public-private agreement to develop, finance, lease, manage, and operate the World Shooting and Recreational Complex on behalf of the State. Provides that the Director of Natural Resources or the Director's designee may, prior to soliciting requests for proposals, enter into discussions with interested persons in order to assess existing market conditions and demands, provided that no such interested persons shall have any role in drafting any request for proposals, nor shall any request for proposal be provided to any interested person prior to its general public distribution. Provides the request for proposal process. Provides the provisions and terms of the public-private agreement. Defines terms. Effective immediately.
 
Senate Amendment 2 to HB3456 - Adopted
 
Replaces everything after the enacting clause. Reinserts the provisions of Senate Amendment No. 1 with the following changes. Provides that the public-private agreement related to the World Shooting and Recreational Complex pertaining to the building, altering, repairing, maintaining, improving, or demolishing the Complex shall require the contractor and all subcontractors to comply with the requirements of the Illinois Procurement Code and the Prevailing Wage Act. Provides that the public-private agreement shall also require the contractor and all subcontractors to enter into a project labor agreement used by the Capital Development Board. Amends the Prevailing Wage Act. Specifies that the term "public works" includes projects undertaken through a public-private partnership under the Department of Natural Resources World Shooting and Recreational Complex Act.
 
 
 
 
 
HR189 Tenn. House Expulsion - Condemn
 
Oppose
 
House Sponsor:  Nichols, Ammons, Evans, Canty, Collins
 
Status:  Order of Resolutions
 
Synopsis As Introduced
 
Condemns the expulsion of Tennessee State Representatives Justin Jones and Justin Pearson and condemns the attempted expulsion of Tennessee State Rep. Gloria Johnson from the Tennessee House of Representatives.
 
 
 
 
 

[mauserme]

Senate Calendar

11:00 AM

 

SB1073 Government - Tech
 
Support
 
Senate Sponsor:  Plummer, Bryant, Anderson, Rose, Bennett,Turner (Sally), Stoller
 
Status:  Third Reading
 
Synopsis As Introduced
 
Amends the Illinois Governmental Ethics Act. Makes a technical change in a Section concerning the short title.
 
Senate Amendment 1 - Pending
 
Replaces everything after the enacting clause. Amends the Criminal Code of 2012. Provides that the prohibition on possession of an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge device does not apply to a person who lawfully possessed that assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge, if the person, in addition to other requirements, has provided to the Illinois State Police in an endorsement affidavit, prior to January 1, 2024, under oath or affirmation, in the form and manner prescribed by the Illinois State Police, an affirmation that the affiant possessed an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge on or after the effective date of Public Act 102-1116 based upon a preliminary injunction or restraining order issued by a court in the State. Effective immediately.
 
 
 
 
 

[mauserme]

I'm running a little late today.  The Senate is coming to order..  Not sure about the House.

[Molly B.]

House running late, not started yet.

[mauserme]

Thx

 

 

[Molly B.]

House is coming to order.

[mauserme]

116 House members are present.

 

 

[mauserme]

Posting requirements were waived on HB218 Firearm Industry Responsibility Act.  It is posted to the Senate Executive Committee hearing this afternoon.

 

They haven't posted a link for witness slips yet.

 

 

[mauserme]

The Senate is in recess for committees.

 

Executive will be in Room 212.

 

 

 

 

[mauserme]

The Senate Executive Committee is coming to order.

 

 

[mauserme]

House Bill 3062 Senate Amendment 1 is also posted, as subject matter.  This amendment would require all Constitutional claims against the state to be filed in Cook or Sangamon county.  The amendment was filed today.

 

 

 

[Upholder]

Chair reads a slightly outdated number for the slips, ~40 to ~1000 with 6 no position.

 

Raoul complains that HB218 was not on the agreed bills list.  Claims that the bill is intended to help law enforcement when enforcing laws and to revoke the licenses of rogue gun dealers.  Claims that it is only adding liability for actions that are already unlawful.

[mauserme]

A difficult to hear Jay Keller, representing NSSF, speaks of the Protection of Lawful Commerce in Arms Act saying they believe HB218 violates the supremacy clause.

 

 

[Upholder]

ISRA speaker Jay Keller speaks next, NSSF representative as well.   Notes that with this many co-sponsors, this will pass.   Mentions in passing supremacy clause and federal preemption.  "Clearly violates federal law."

 

States that HB218 does not fall into any of the exceptions to the federal law.  Notes that there are only 6 specific exemptions.   Places clear restrictions on what states can and cannot do.  "The courts will find that federal law preempts state law."   "Does not pass the smell test."   "Gun advertisements do not deceive." 

 

Identical bills in other states have failed.  "This is one of those issues that will end up in a court of law."

 

 

Edited May 17, 2023 at 07:52 PM by Upholder
correct spelling of name

[mauserme]

Ed Sullivan representing ISRA is next up.

 

 

[mauserme]

Sullivan notes that this bill is not just about manfucturers, that individuals can also be liable under this language.

 

 

[Upholder]

Ed Sullivan of ISRA speaks next.

 

Two issues: not just about gun manufacturers, but also about people.   A person could be liable under this act.

 

Section 1(b) - If you have not done reasonable controls, including theft, individuals selling from their home could be liable for thefts from their homes.

 

Identifying straw purchasers as someone who has filled out a 4473 form as not using marijuana, but that has been allowed by the state.  Adds penalties for people who mark that on the 4473.

[JNG3]

On 5/17/2023 at 2:46 PM, Upholder said:

Chair reads a slightly outdated number for the slips, ~40 to ~1000 with 6 no position.

 

Raoul complains that HB218 was not on the agreed bills list.  Claims that the bill is intended to help law enforcement when enforcing laws and to revoke the licenses of rogue gun dealers.  Claims that it is only adding liability for actions that are already unlawful.

Am I reading this correctly as AG Raoul has problems with this bill???

[mauserme]

He adds that the bill defines a "straw purchaser" who someone who supplies false information on the Federal Form 4473.  This, he says, will include users of cannabis.

 

 

[Upholder]

On 5/17/2023 at 2:55 PM, JNG3 said:

Am I reading this correctly as AG Raoul has problems with this bill???

 

He's upset that it wasn't pre-agreed to pass.

[mauserme]

On 5/17/2023 at 2:55 PM, JNG3 said:

Am I reading this correctly as AG Raoul has problems with this bill???

 

The agreed bill list are bills on which there is no opposition and, under procedures established during the COVID shortened session a few years ago, require no debate.

 

I think Mr. Raoul was being sarcastic toward the R side of things.

 

 

 

 

[Upholder]

Josh Wichoski(?) - hunting and trapping group representative

 

Defines groups but not the subgroups -- worried that the definition is ambiguous and overly expansive, eg, covering organizations that hold raffles or auctions.

 

Notes that promotion and marketing is also overly expansive.

 

Notes that youth shooting teams will be impacted.. clothing and discounts on ammunition purchases would be impact.

Wants language to exclude organized youth shooting.

[mauserme]

Todd Vandermyde of Freedom's Steel is up.

 

 

[JNG3]

On 5/17/2023 at 2:56 PM, Upholder said:

 

He's upset that it wasn't pre-agreed to pass.

Ahhh...got it!

[mauserme]

He asks if the enhanced lethality language includes hollow point ammunition, scopes, grips, laser sights etc.

[JNG3]

On 5/17/2023 at 2:58 PM, mauserme said:

 

The agreed bill list are bills on which there is no opposition and, under procedures established during the COVID shortened session a few years ago, require no debate.

 

I think Mr. Raoul was being sarcastic toward the R side of things.

 

 

 

 

Got it! Thanks.

[mauserme]

Mr. Vandermyde continues by questioning the design aspect, wondering if design engineers will be inlcuded.

 

 

[mauserme]

And, he asks, what is paramilitary training?

 

There are issues here with the first amendment, the right to assemble, the 2A.