Illinois General Assembly - Bill Status for HB0341
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 Bill Status of HB0341  94th General Assembly

Short Description:  FIREARMS-DIAL UP-RECORDS

House Sponsors
Rep. John J. Millner

Last Action
DateChamber Action
  1/9/2007HouseSession Sine Die

Statutes Amended In Order of Appearance
430 ILCS 65/3.1


Synopsis As Introduced
Amends the Firearm Owners Identification Card Act. Provides that if the receipt of a firearm does not violate federal or State law, the Department of State Police shall: (1) assign a unique identification number to the transfer; (2) provide the licensee with the number; and (3) destroy all records of the system with respect to the call, other than the identifying number and the date the number was assigned, and all records of the system relating to the person or the transfer within 24 hours. Provides that if the transfer of a firearm is denied by the Department of State Police, the Department of State Police may keep the records of a denial until the denial is appealed and overturned, or as long as necessary for a criminal prosecution. Provides that approvals issued by the Department of State Police for the purchase of a firearm are valid for 30 days from the date of issue. Provides that the Department of State Police may not retain, copy, or distribute any information previously collected under the dial up system. Effective immediately.

House Committee Amendment No. 1
Adds reference to:
430 ILCS 65/1.1from Ch. 38, par. 83-1.1
430 ILCS 65/3from Ch. 38, par. 83-3
430 ILCS 65/3afrom Ch. 38, par. 83-3a
430 ILCS 65/5from Ch. 38, par. 83-5
720 ILCS 5/24-11 new

Deletes everything after the enacting clause. Reinserts the provisions of the bill with the following exceptions: (1) provides that if a transfer of a firearm takes place at a gun show, the record of transfer must include the unique identification number assigned to the transfer by the Department of State Police; (2) provides that records of firearms transfers maintained by the Department of State Police must be destroyed within 90 days rather 24 hours of the transfer; (3) provides that $1 of the application fee for a Firearm Owner's Identification Card shall be deposited into the State Police Services Fund rather than the General Revenue Fund; and (4) amends the Criminal Code of 1961 to provide for home rule preemption of local governmental regulation of the acquisition, possession, transportation, storage, purchase, sale, or other dealings in firearms and ammunition in a manner other than as provided by State law in municipalities of less than 2,000,000 inhabitants. Effective immediately.

 Home Rule Note (H-AM 1)(Dept. of Commerce and Economic Opportunity)
 In the opinion of DCEO, House Bill 341 (H-AM 1) pre-empts home rule authority. However, the legislation provides for an exception for the City of Chicago, and also provides an exception in which a unit of local government may also establish zoning and security requirements for the retail sale of firearms by federally licensed firearms dealers.

 Fiscal Note (H-AM 1) (Illinois State Police)
 Fiscal impact to the Illinois State Police would be $740,000 to implement the bill, in addition to a $70,000 annual maintenance cost for electronic process after the first year.

 Judicial Note (H-AM 1) (Admin Office of the Illinois Courts)
 Would neither increase nor decrease the number of judges needed in the state.

 State Mandates Fiscal Note (H-AM 1)(Dept. of Commerce and Economic Opportunity)
 In the opinion of the Department of Commerce and Economic Opportunity, House Bill 341 (H-AM 1) creates a local government organization and structure mandate for which reimbursement of the increased costs to units of local government is not required under the State Mandates Act.

Actions 
DateChamber Action
  1/21/2005HouseFiled with the Clerk by Rep. John J. Millner
  1/26/2005HouseFirst Reading
  1/26/2005HouseReferred to Rules Committee
  2/10/2005HouseAssigned to Agriculture & Conservation Committee
  3/8/2005HouseHouse Committee Amendment No. 1 Filed with Clerk by Agriculture & Conservation Committee
  3/8/2005HouseHouse Committee Amendment No. 1 Adopted in Agriculture & Conservation Committee; by Voice Vote
  3/8/2005HouseDo Pass as Amended / Short Debate Agriculture & Conservation Committee; 013-001-000
  3/9/2005HousePlaced on Calendar 2nd Reading - Short Debate
  3/9/2005HouseFiscal Note Requested by Rep. Deborah L. Graham
  3/9/2005HouseHome Rule Note Requested by Rep. Deborah L. Graham
  3/18/2005HouseHome Rule Note Filed As Amended by HA 1
  3/23/2005HouseFiscal Note Filed As Amended by HA 1
  3/28/2005HouseJudicial Note Filed As Amended by HA 1
  4/5/2005HouseState Mandates Fiscal Note Filed As Amended by HA 1
  4/8/2005HouseSecond Reading - Short Debate
  4/8/2005HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/14/2005HouseRemoved from Short Debate Status Rep. Brandon W. Phelps
  4/14/2005HouseCalendar Order of 3rd Reading - Standard Debate
  4/14/2005House3/5 Vote Required
  4/14/2005HouseConsideration Postponed
  4/14/2005HousePlaced on Calendar - Consideration Postponed
  4/15/2005HouseRule 19(a) / Re-referred to Rules Committee
  1/9/2007HouseSession Sine Die

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