Bill Status of HB 5831   97th General Assembly

Short Description:  FOID-HANDGUN REGISTRATION

House Sponsors
Rep. William Davis-Rosemary Mulligan-Barbara Flynn Currie-Edward J. Acevedo-Kelly M. Cassidy, Thaddeus Jones, Monique D. Davis, Elizabeth Hernandez, Marcus C. Evans, Jr. and Robyn Gabel

Last Action  View All Actions

DateChamber Action
  1/8/2013HouseSession Sine Die

Statutes Amended In Order of Appearance
5 ILCS 140/7.5
20 ILCS 2605/2605-45was 20 ILCS 2605/55a-5
20 ILCS 2605/2605-120was 20 ILCS 2605/55a in part
30 ILCS 105/5.811 new
30 ILCS 105/5.812 new
30 ILCS 105/6z-93 new
30 ILCS 105/6z-94 new
105 ILCS 5/10-22.6from Ch. 122, par. 10-22.6
105 ILCS 5/10-27.1A
105 ILCS 5/34-8.05
410 ILCS 45/2from Ch. 111 1/2, par. 1302
430 ILCS 65/0.01from Ch. 38, par. 83-0.1
430 ILCS 65/1from Ch. 38, par. 83-1
430 ILCS 65/1.1from Ch. 38, par. 83-1.1
430 ILCS 65/3from Ch. 38, par. 83-3
430 ILCS 65/3.1from Ch. 38, par. 83-3.1
430 ILCS 65/3.4 new
430 ILCS 65/4from Ch. 38, par. 83-4
430 ILCS 65/6.1
430 ILCS 65/14from Ch. 38, par. 83-14
705 ILCS 105/27.3a
720 ILCS 5/2-7.1
720 ILCS 5/2-7.5
720 ILCS 5/11-20.1from Ch. 38, par. 11-20.1
720 ILCS 5/12-3.05was 720 ILCS 5/12-4
720 ILCS 5/17-30was 720 ILCS 5/16C-2
720 ILCS 5/17B-0.05
720 ILCS 5/24-1.1from Ch. 38, par. 24-1.1
720 ILCS 5/24-1.6
720 ILCS 5/24-3from Ch. 38, par. 24-3
720 ILCS 5/24-3.2from Ch. 38, par. 24-3.2
720 ILCS 5/24-3.4from Ch. 38, par. 24-3.4
720 ILCS 5/24-3.5
720 ILCS 5/24-9
720 ILCS 646/10
730 ILCS 5/5-5-3from Ch. 38, par. 1005-5-3
730 ILCS 5/5-5-3.2
740 ILCS 110/12from Ch. 91 1/2, par. 812
765 ILCS 1025/1from Ch. 141, par. 101

Synopsis As Introduced
Amends the Freedom of Information Act. Provides that names and information of people who have applied for or received certificates of handgun registration are exempt from public inspections and copying. Amends the State Finance Act. Creates the National Instant Criminal Background Check System Improvement Fund and the Illinois LEADS Information and Technology Improvement Fund. Amends the Firearm Owners Identification Act. Provides that the Act may now be cited to as the "Firearm Owners Identification Card and Certificate of Handgun Registration Act". Defines "certificate of handgun registration" and "handgun". Prohibits any person in the State from carrying or possessing a handgun without a certificate of handgun registration. Sets forth requirements concerning exemptions, applications for registration, registration fees, the distribution of moneys received from certain fees, and the denial of an application. Creates penalties for the possession of a handgun without a current certificate of registration, knowingly providing false or misleading information or evidence in connection with an application, and the failure to report to local law enforcement that a registered handgun is lost, stolen, missing, or destroyed. Sets forth procedures for the return of a certificate of registration for a handgun that is lost, stolen, or otherwise disposed of. Amends various Acts to make conforming changes.

 Fiscal Note (Dept of Corrections)
 There are no penalty enhancements associated with HB 5831. The bill would have no fiscal or population impact on the Department.

 Land Conveyance Appraisal Note (Dept. of Transportation)
 No land conveyances are included in this bill, therefore, there are no appraisals to be filed.

 Judicial Note (Admin Office of the Illinois Courts)
 HB 5831 may have a minimal increase in judicial workloads. However, it is not anticipated that the bill would increase the number of judges needed in the State.

 Pension Note (Government Forecasting & Accountability)
 HB 5831 will not impact any public pension fund or retirement system in Illinois.

 State Debt Impact Note (Government Forecasting & Accountability)
 HB 5831 would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.

 Correctional Note (Dept of Corrections)
 There are no penalty enhancements associated with HB 5831. The bill would have no fiscal or population impact on the Department.

 Housing Affordability Impact Note (Housing Development Authority)
 This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence.

 Fiscal Note (Illinois State Police)
 HB 5831 provides a monetary stimulus to register firearms within 90 days of the effective date of the bill which will create a huge influx of applications. The legislation requires the Illinois State Police to respond within 30 days after the initial application is received or allow for an appeal process if non-compliant. The Firearms Services Bureau (FSB) currently has a backlog in FOID application processing and the Relief Process for denied FOID applicants. This process will further contribute to the already dated and taxed system. Given the incentive to register firearms within the initial 90 day window, the tremendous impact of applications would be overwhelming to FSB given the current staffing levels are at a historic low while managing record levels of FOID card applications. In addition, the number of gun owners or the number of guns purchased in Illinois is unknown. Due to these factors, the Illinois State Police is unable to provide the fiscal impact. However, further research will determine IT infrastructure needs, staffing, equipment and ancillary office supplies to comply with the legislation as written. Without significant upfront resources, the department would be unable to comply with the legislation as written.

 State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity)
 HB 5831 does not create a State mandate.

 Home Rule Note (Dept. of Commerce & Economic Opportunity)
 HB 5831 does not pre-empt home rule authority.

 Balanced Budget Note (Office of Management and Budget)
 HB 5831 as introduced has an unknown fiscal impact to the Illinois State Police. To fulfill the mandates included in this legislation, the Illinois State Police would need to spend approximately $3 million in developing and implementing a sufficient information technology system; have sufficient time to develop and implement the aforementioned system; and hire additional staff to carry out the duties mandated. While a revenue stream is identified for the FOID Fund and the National Criminal Instant Background Check System Improvement Fund and the Illinois LEADS Information and Technology Improvement Fund are established, it is unclear if sufficient revenue will be generated to support the mandated operations.

Actions 
DateChamber Action
  2/16/2012HouseFiled with the Clerk by Rep. William Davis
  2/16/2012HouseFirst Reading
  2/16/2012HouseReferred to Rules Committee
  2/21/2012HouseAssigned to Executive Committee
  2/22/2012HouseAdded Chief Co-Sponsor Rep. Rosemary Mulligan
  2/22/2012HouseAdded Chief Co-Sponsor Rep. Barbara Flynn Currie
  2/22/2012HouseAdded Chief Co-Sponsor Rep. Edward J. Acevedo
  2/22/2012HouseAdded Chief Co-Sponsor Rep. Kelly M. Cassidy
  2/23/2012HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Rosemary Mulligan
  2/23/2012HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  2/27/2012HouseHouse Committee Amendment No. 1 Rules Refers to Executive Committee
  2/29/2012HouseDo Pass / Short Debate Executive Committee; 007-004-000
  3/1/2012HousePlaced on Calendar 2nd Reading - Short Debate
  3/1/2012HouseHouse Committee Amendment No. 1 Tabled Pursuant to Rule 40
  3/1/2012HouseFiscal Note Requested by Rep. William Davis
  3/1/2012HouseState Mandates Fiscal Note Requested by Rep. William Davis
  3/1/2012HouseBalanced Budget Note Requested by Rep. William Davis
  3/1/2012HouseCorrectional Note Requested by Rep. William Davis
  3/1/2012HouseHome Rule Note Requested by Rep. William Davis
  3/1/2012HouseHousing Affordability Impact Note Requested by Rep. William Davis
  3/1/2012HouseJudicial Note Requested by Rep. William Davis
  3/1/2012HouseLand Conveyance Appraisal Note Requested by Rep. William Davis
  3/1/2012HousePension Note Requested by Rep. William Davis
  3/1/2012HouseState Debt Impact Note Requested by Rep. William Davis
  3/1/2012HouseAdded Co-Sponsor Rep. Thaddeus Jones
  3/1/2012HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. William Davis
  3/1/2012HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  3/1/2012HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. William Davis
  3/1/2012HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  3/2/2012HouseFiscal Note Filed
  3/2/2012HouseLand Conveyance Appraisal Note Filed
  3/2/2012HouseJudicial Note Filed
  3/5/2012HousePension Note Filed
  3/5/2012HouseState Debt Impact Note Filed
  3/5/2012HouseCorrectional Note Filed
  3/5/2012HouseHouse Floor Amendment No. 2 Rules Refers to Executive Committee
  3/5/2012HouseHouse Floor Amendment No. 3 Rules Refers to Executive Committee
  3/5/2012HouseHousing Affordability Impact Note Filed
  3/8/2012HouseFiscal Note Filed
  3/9/2012HouseState Mandates Fiscal Note Filed
  3/9/2012HouseHome Rule Note Filed
  3/9/2012HouseBalanced Budget Note Filed
  3/9/2012HouseHouse Floor Amendment No. 2 Rule 19(a) / Re-referred to Rules Committee
  3/9/2012HouseHouse Floor Amendment No. 3 Rule 19(a) / Re-referred to Rules Committee
  3/21/2012HouseHouse Floor Amendment No. 4 Filed with Clerk by Rep. William Davis
  3/21/2012HouseHouse Floor Amendment No. 4 Referred to Rules Committee
  3/22/2012HouseHouse Floor Amendment No. 4 Recommends Be Adopted Rules Committee; 003-000-000
  3/27/2012HouseSecond Reading - Short Debate
  3/27/2012HouseHeld on Calendar Order of Second Reading - Short Debate
  3/28/2012HouseAdded Co-Sponsor Rep. Monique D. Davis
  3/28/2012HouseAdded Co-Sponsor Rep. Elizabeth Hernandez
  3/30/2012HouseRule 19(a) / Re-referred to Rules Committee
  6/21/2012HouseAdded Co-Sponsor Rep. Marcus C. Evans, Jr.
  12/4/2012HouseAdded Co-Sponsor Rep. Robyn Gabel
  1/8/2013HouseSession Sine Die

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