HB2828 99TH GENERAL ASSEMBLY

LRB099 09323 RLC 29528 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB2828

Introduced , by Rep. Margo McDermed

SYNOPSIS AS INTRODUCED:

430 ILCS 65/13.1	from Ch. 38, par. 83-13.1
745 ILCS 10/2-103	from Ch. 85, par. 2-103
745 ILCS 10/2-202	from Ch. 85, par. 2-202

Amends the Firearm Owners Identification Card Act. Provides that if a municipality enacts an ordinance in violation of preemption provisions of the Act, the municipality is liable for damages to the prevailing party in a civil action brought against the municipality or an officer or employee of the municipality for infringing upon the rights of the prevailing party for enforcing the ordinance enacted in violation of the preemption provisions. Amends the Local Governmental and Governmental Employees Tort Immunity Act to make conforming changes. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Firearm Owners Identification Card Act is amended by changing Section 13.1 as follows:

(430 ILCS 65/13.1) (from Ch. 38, par. 83-13.1)

Sec. 13.1. Preemption.

(a) Except as otherwise provided in the Firearm Concealed Carry Act and subsections (b) and (c) of this Section, the provisions of any ordinance enacted by any municipality which requires registration or imposes greater restrictions or limitations on the acquisition, possession and transfer of firearms than are imposed by this Act, are not invalidated or affected by this Act.

(b) Notwithstanding subsection (a) of this Section, the regulation, licensing, possession, and registration of handguns and ammunition for a handgun, and the transportation of any firearm and ammunition by a holder of a valid Firearm Owner's Identification Card issued by the Department of State Police under this Act are exclusive powers and functions of this State. Any ordinance or regulation, or portion of that ordinance or regulation, enacted on or before the effective date of this amendatory Act of the 98th General Assembly that purports to impose regulations or restrictions on a holder of a valid Firearm Owner's Identification Card issued by the Department of State Police under this Act in a manner that is inconsistent with this Act, on the effective date of this amendatory Act of the 98th General Assembly, shall be invalid in its application to a holder of a valid Firearm Owner's Identification Card issued by the Department of State Police under this Act.

(c) Notwithstanding subsection (a) of this Section, the regulation of the possession or ownership of assault weapons are exclusive powers and functions of this State. Any ordinance or regulation, or portion of that ordinance or regulation, that purports to regulate the possession or ownership of assault weapons in a manner that is inconsistent with this Act, shall be invalid unless the ordinance or regulation is enacted on, before, or within 10 days after the effective date of this amendatory Act of the 98th General Assembly. Any ordinance or regulation described in this subsection (c) enacted more than 10 days after the effective date of this amendatory Act of the 98th General Assembly is invalid. An ordinance enacted on, before, or within 10 days after the effective date of this amendatory Act of the 98th General Assembly may be amended. The enactment or amendment of ordinances under this subsection (c) are subject to the submission requirements of Section 13.3. For the purposes of this subsection, "assault weapons" means firearms designated by either make or model or by a test or list of cosmetic features that cumulatively would place the firearm into a definition of "assault weapon" under the ordinance.

(c-5) If a municipality enacts an ordinance in violation of this Section, the municipality is liable for damages to the prevailing party in a civil action brought against the municipality or an officer or employee of the municipality for infringing upon the rights of the prevailing party for enforcing the ordinance enacted in violation of this Section.

(d) For the purposes of this Section, "handgun" has the meaning ascribed to it in Section 5 of the Firearm Concealed Carry Act.

(e) This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

(Source: P.A. 98-63, eff. 7-9-13.)

Section 10. The Local Governmental and Governmental Employees Tort Immunity Act is amended by changing Sections 2-103 and 2-202 as follows:

(745 ILCS 10/2-103) (from Ch. 85, par. 2-103)

Sec. 2-103. Except as provided in subsection (c-5) of the Firearm Owners Identification Card Act, a A local public entity is not liable for an injury caused by adopting or failing to adopt an enactment or by failing to enforce any law.

(Source: Laws 1965, p. 2983.)

(745 ILCS 10/2-202) (from Ch. 85, par. 2-202)

Sec. 2-202. Except as provided in subsection (c-5) of the Firearm Owners Identification Card Act, a A public employee is not liable for his act or omission in the execution or enforcement of any law unless such act or omission constitutes willful and wanton conduct.

(Source: P.A. 84-1431.)

Section 99. Effective date. This Act takes effect upon becoming law.