By Jamey Dunn
Illinois lawmakers approved the spending to set up the state’s concealed carry of firearms permit today, but other issues such as pension reform, tax breaks for corporations and enhanced penalties for gun offenders will have to wait.
The House adjourned abruptly this morning after a procedural move blocked a bill to increase mandatory sentences for drug crimes. Senate Bill 1342 would increase the mandatory minimum sentence for felons or gang members caught carrying a gun without a Firearm Owners Identification (FOID) card to four years. The proposal would require those convicted of the crime to serve 85 percent of their sentence.
Sponsor Mike Zalewski, a Riverside Democrat, removed a provision that would have applied to first-time offenders and in doing so was able to get the support of the National Rifle Association. But members of the black legislative caucus opposed his bill. Chicago Democratic Rep. Kenneth Dunkin used a House rule to block the bill from being called for a vote because the budgetary impact of the measure was not made available to lawmakers through a formal process known as a note. “I filed the note on behalf of the Illinois legislative black caucus for those of us in the House and the Senate,” Dunkin said. We have expressed time and time again that we have some basic problems with this mandatory minimum — that it’s too all encompassing, it takes in way too many people unnecessarily. The collateral damage is going to be overwhelming, and it’s going to wrap up too many innocent citizens. All we simply wanted to do was to make sure that the bill went after the bad guys.”
After the notes were filed and the information was not immediately available, House Speaker Michael Madigan quickly adjourned the fall session. Harrisburg Democratic Rep. Brandon Phelps, who sponsored the state’s new concealed carry law, has been working on the bill with Zalewski. He said he was not exactly surprised that the bill did not move forward today because he said many Democrats told him they had reservations about it. “The speaker said that we’re not doing it today, more or less. ... We spent so many hours working on this and we had a deal. Now we’re not doing it today at all. So we’ve got to come back in December, hopefully we’ll call it then.” Several House members mentioned as they exited the chamber that they expect they might return in December to take up public pension legislation.
Zalewski, who has partnered with Chicago Mayor Rahm Emanuel to push for the proposal, blamed the Illinois Department of Corrections for not providing details of how the measure would affect its budget and prison population. The IDOC opposed the bill because officials said the department did not have the money or capacity to house the population in crease it would cause. “The Department of Corrections knows how much the bill costs. It’s their basis for their opposition of the bill. Yet they couldn’t walk down to the House clerk’s office and file it in time,” Zalewski said.
A spokesman for the department said the changes to the bill yesterday made it difficult for them to recalculate the impact quickly enough. “This is a very complex piece of legislation, and every time the sponsors file amendments changing provisions of the bill, there is substantial work and analysis that must be done to determine the impact of the changes,” Tom Shaer with IDOC said in an email. “Amendment 5 was just added to this bill yesterday afternoon. IDOC has had staff analyzing the impact of this amendment since that time. We have tremendous respect for everyone in this process and are obligated to furnish them with accurate information and thorough, well-researched projections.”
Members of the black caucus say they want to address the violence in a more holistic way that includes investments in education and rehabilitation programs.
“There is a way to do both of these things. To make sure that the people that need to go into prison go into prison but that we also deal with the 40 percent of people who are there for nonviolent offenses, who need to be in cheaper alternative programs that give them a better chance and a shot at life. While also making sure that the folks who need to be there, and that’s felons and gang bangers, actually end up in prison — in a prison that has room for them to be there,” said Chicago Democratic Rep. Christian Mitchell. “I think that the mayor and Rep. Zalewski are trying to do the right thing, but the how really matters.” Some caucus members added that they were concerned that some of the previous felonies that would make offenders eligible for the mandatory minimum sentence were nonviolent offenses, such as shoplifting. They also said they would like to see a time limit, so that a crime that occurred a decade ago would not make someone eligible for a mandatory minimum sentence.
Zalewski said he has been working to negotiate the bill and that some who are opposed will never support the concept of mandatory minimum sentences. “I’ve negotiated on this bill for six weeks. ‘No’ is always going to be the answer for some people. You saw it today. You saw an unwillingness to have a debate about public policy and public safety. And [opponents] resorted to tricks because the votes were there. That’s what happens in this building sometimes.” But members of the black caucus disagree that the bill would have passed if called for a vote.
Meanwhile the Illinois Senate approved a supplemental spending bill worth about $50 million. The largest chunk of that, almost $34 million, is for implementation of the concealed carry licensing system. Only about $500,000 of the spending in the bill comes out of the General Revenue Fund.
House Bill 209 does not include the $112 million that would be needed to give state workers back pay. In 2011, lawmakers did not appropriate the money for contractual raises for state employees, but a judge ordered the state to pay the increases with interest. House Speaker Michael Madigan has said that state agencies should work within their current budgets to find the money for the pay.
Sen. Mike Jacobs, a Democrat from East Moline, voted in favor of the bill, which received broad bipartisan support. But he said that lawmakers would eventually need to approve the money for workers. “I just think it’s important that the Senate knows that we owe this money and at some point in our career, in our lives, we ought to pay it.”
With the House adjourning after less than an hour spent in session today, many issues were left without resolution. Supporters of tax break plans for Archer Daniels Midland Co. and the newly formed Office Max Inc. saw no urgency to call those measures for a vote in the Senate when it became clear that the House would not vote on them today. ADM is looking to move its headquarters from Decatur and is considering Chicago, among other options. Office Depot Inc., the product of a merger between Office Depot and Office Max, is choosing between Naperville, Office Max’s current headquarters, and Boca Raton, Fla., where Office Depot is based.
The House also did not take up a bill that passed in the Senate yesterday to restore Medicaid dental benefits to adults. Chicago Democratic Rep. Monique Davis said that she thinks that the House will likely approve that bill early next year. “I think it’s going to pass. I think it’s going to get a lot of support. We’ll get it when we first come back in January. We’ll be able to do that because that will be one of the first few days we can do that.” If lawmakers wait until January on some issues, they will need fewer votes to achieve an immediate effective date on legislation. “Don’t think because we’re not on that House floor that people aren’t working. People are working,” Davis said.
Some issues may not have to wait until January. House Speaker Michael Madigan has said that he hopes lawmakers will hold a session to vote on changes to the state’s public pension systems. Legislative leaders met on the issue last week and say they feel progress was made. They sent components of a plan to the pension systems to get cost savings estimates. Those projections usually take about 10 days to produce.
Having another potential shot at a legislative session soon may give those who could not get their bills passed during veto session another bite at the apple. However, knowing that they could be back at the Statehouse in the near future, lawmakers may have deflated some issues by taking urgency out of the situation. Why take the controversial vote today that can be pushed off for another month? Still, with the historic passage of same-sex marriage, approval of a supplemental appropriation bill, and both chambers passing changes to the pension system for Chicago Park District employees, this veto session was more eventful than many in recent memory.
Showing posts with label Gun Control. Show all posts
Showing posts with label Gun Control. Show all posts
Thursday, November 07, 2013
Wednesday, November 06, 2013
Tuesday, November 05, 2013
Veto session roundup
By Jamey Dunn
In addition to passing legislation legalizing same-sex marriage, Illinois lawmakers took up several other issues today.
Budget bill
The Illinois House voted to approve additional spending for the current fiscal year, but the legislation did not include funding for back pay owed to state workers.
House Bill 209 contains $49.6 million in spending, the bulk of which, $30 million, would be used to implement the state’s new concealed carry law. Most of the money in the bill comes from special funds. Only about $500,000 of general revenue funds would be spent under the measure.
Gov. Pat Quinn’s budget office has been pushing for the $112 million to pay workers since a judge ordered the state to make good on the raises he initially denied. Republican Comptroller Judy Baar Topinka also called upon lawmakers last week to approve the money for workers because the state is required to pay interest on the pay.
“They’re still negotiating that. I think we’re going to have to come back. Sooner or later, we’re going to have to address that ... but I guess the negotiations have not gone well to be able to do that. I think that we want to deal with the pension[s] and we want to deal with other things,” said Chicago Democratic Rep. Louis Arroyo. “The [legislative] leaders and the [appropriations committee] chairs are not ready to talk about that. [But] sooner or later, we’re going to have to pay for it, because if we’re paying interest on the money we’re incurring more debt. I don’t know how long we’re going to wait.” Arroyo, who is the chair of the public safety budget committee, said he thinks it is likely that lawmakers will be back in session in the near future to deal with other issues and that the back pay could possible be addressed then. “We’re coming back before the year is over,” he said.
Steve Brown, spokesman for House Speaker Michael Madigan, said that lawmakers could indeed be back in session soon if there is a deal reached on public pension changes. Legislative leaders worked through some ideas last week that the pension systems are now analyzing to determine potential savings. Brown said that process would likely take about 10 days. “The speaker and I think, [Senate] President [John] Cullerton and others have said, when that’s done, if there’s an agreement, they’ll reconvene the legislature to take action.” But Brown said Madigan does not intend for there to be a vote on back pay at that time. “I’m not aware of any of that having anything to do with additional spending,” he said. “I am sure there are people out there who think that. I think the governor thinks that, but I’m not sure that there’s much of the legislature that’s subscribers to that idea.”
Brown said he does not think many in the House are interested in approving more GRF spending. “I think the speakers’ view on this other issues is that the agencies were granted lump sums. It’s really up to them to manage that. I don’t think that position has changed. There appears to be some additional revenue. I think the general view of the House has been over the last several years is if there’s revenue that comes in that we don’t know about in May, that ought to go to paying old bills. That ought to be our top priority.”
Quinn is also seeking an additional $40 million to fund the Department of Corrections. That money was not included in the legislation.
The bill was approved with broad bipartisan support. However, several Republicans supporters of concealed carry complained that the money to set up a concealed carry permitting system was tied to other spending that would not have been able to pass on its own. The legislation still needs Senate approval to make it to Quinn’s desk.
Juvenile justice
A House committee approved a bill that would create an independent ombudsman to oversee the Department of Juvenile Justice. The department has entered into a legal consent decree that requires it to improve education, mental health treatment and safety for detainees. Experts who created recommendations for the department found that juvenile detention centers were not offering the education required by law and lacked adequate mental health staffing. Fifteen percent of youth in the state’s system reported, as part of a Justice Department survey, that they had been sexually assaulted by other inmates or staff. Under Senate Bill 2352, the ombudsman would be able to visit detention centers unannounced and meet confidentially with juveniles.
The department supports the legislation. The American Federation of State, County and Municipal Employees was neutral on the bill. However, Adrienne Alexander, policy and legislative specialist for AFSCME Council 31, said the union, which represents DoJJ employees, is concerned about where the department will get funding for the new position, given that it is not meeting key missions such as education. “We look forward to details on how exactly it can be done, how it can be funded and how it will be implemented.” Beth Compton, general counsel for the department, said the ombudsman could be a key component to improvements without being too costly. “The ombudsman will be a very important piece at a relatively modest investment.”
Gun sentencing
Rep. Michael Zalewski, a Chicago Democrat, said today that changes to his proposal to increase penalties for gun crimes have made the plan “narrowly tailored” and would bring down the cost of his proposal.
SB 1342 would require first-time offenders who commit an aggravated unlawful use of a weapon to serve 85 percent of a one-year sentence. Knowingly carrying a loaded gun in public without a Firearm Owners Identification Card can result in an aggravated unlawful use of a weapon charge. A felon or gang member would receive a four-year sentence. The proposal would also bar gun offenders from participating in some programs that can substantially shorten their sentences, such as a boot camp program for offenders.
Zalewski’s original proposal called for 3three years for a first-time offender and five years for felons and gang members. A House committee approved the bill, but Zalewski said he is still working to find the votes to pass it in the House. He faces opposition from the National Rifle Association over the required penalties for first-time offenders. “The sponsor has worked very hard to try to craft a bill, and we just haven’t been able to come to a meeting of the minds on this one issue,” said Todd Vandermyde, a lobbyist for the NRA. He said lawmakers need to consider recent court rulings that upheld gun owners’ rights to carry firearms in public. “Carrying a gun is no longer, per se, a criminal offense.”
Some Democrats are also opposed to the bill because they say there is no proof that mandatory sentencing would help curb gun violence over the long term. “The rest of the country is getting away from mandatory minimums,” said Northbrook Democratic Rep. Elaine Nekritz. “Mandatory minimums do nothing about recidivism.” The Illinois Department of Corrections opposed the bill because officials say the department could not afford the longer sentences. Bryan Gleckler, chief of staff for IDoC, said that the bill would increase the corrections population by almost 3,000 inmates in 10 years and cost the department $71.3 million annually. “We have a system that is stressed and have very, very limited resources to manage the existing population that we have within our custody,” he said. “There’s no capacity to take this additional population on.”
But the plan has support from Republicans who formerly served as prosecutors. Elmhurst Republican Rep. Dennis Reboletti helped Zalewski revise the proposal. “I think it’s a pretty thoughtful approach,” he said. Reboletti said is open to more negotiation. However, he said he thinks changes to sentences are needed to deter gun crimes and keep gang members from having a revolving door experience at IDoC only to return to the streets armed. “I don’t know what other alternatives there are.” House Minority Leader Jim Durkin, who also worked as a prosecutor before coming to the legislature, has said he supports enhancing sentences for gun crimes.
In addition to passing legislation legalizing same-sex marriage, Illinois lawmakers took up several other issues today.
Budget bill
The Illinois House voted to approve additional spending for the current fiscal year, but the legislation did not include funding for back pay owed to state workers.
House Bill 209 contains $49.6 million in spending, the bulk of which, $30 million, would be used to implement the state’s new concealed carry law. Most of the money in the bill comes from special funds. Only about $500,000 of general revenue funds would be spent under the measure.
Gov. Pat Quinn’s budget office has been pushing for the $112 million to pay workers since a judge ordered the state to make good on the raises he initially denied. Republican Comptroller Judy Baar Topinka also called upon lawmakers last week to approve the money for workers because the state is required to pay interest on the pay.
“They’re still negotiating that. I think we’re going to have to come back. Sooner or later, we’re going to have to address that ... but I guess the negotiations have not gone well to be able to do that. I think that we want to deal with the pension[s] and we want to deal with other things,” said Chicago Democratic Rep. Louis Arroyo. “The [legislative] leaders and the [appropriations committee] chairs are not ready to talk about that. [But] sooner or later, we’re going to have to pay for it, because if we’re paying interest on the money we’re incurring more debt. I don’t know how long we’re going to wait.” Arroyo, who is the chair of the public safety budget committee, said he thinks it is likely that lawmakers will be back in session in the near future to deal with other issues and that the back pay could possible be addressed then. “We’re coming back before the year is over,” he said.
Steve Brown, spokesman for House Speaker Michael Madigan, said that lawmakers could indeed be back in session soon if there is a deal reached on public pension changes. Legislative leaders worked through some ideas last week that the pension systems are now analyzing to determine potential savings. Brown said that process would likely take about 10 days. “The speaker and I think, [Senate] President [John] Cullerton and others have said, when that’s done, if there’s an agreement, they’ll reconvene the legislature to take action.” But Brown said Madigan does not intend for there to be a vote on back pay at that time. “I’m not aware of any of that having anything to do with additional spending,” he said. “I am sure there are people out there who think that. I think the governor thinks that, but I’m not sure that there’s much of the legislature that’s subscribers to that idea.”
Brown said he does not think many in the House are interested in approving more GRF spending. “I think the speakers’ view on this other issues is that the agencies were granted lump sums. It’s really up to them to manage that. I don’t think that position has changed. There appears to be some additional revenue. I think the general view of the House has been over the last several years is if there’s revenue that comes in that we don’t know about in May, that ought to go to paying old bills. That ought to be our top priority.”
Quinn is also seeking an additional $40 million to fund the Department of Corrections. That money was not included in the legislation.
The bill was approved with broad bipartisan support. However, several Republicans supporters of concealed carry complained that the money to set up a concealed carry permitting system was tied to other spending that would not have been able to pass on its own. The legislation still needs Senate approval to make it to Quinn’s desk.
Juvenile justice
A House committee approved a bill that would create an independent ombudsman to oversee the Department of Juvenile Justice. The department has entered into a legal consent decree that requires it to improve education, mental health treatment and safety for detainees. Experts who created recommendations for the department found that juvenile detention centers were not offering the education required by law and lacked adequate mental health staffing. Fifteen percent of youth in the state’s system reported, as part of a Justice Department survey, that they had been sexually assaulted by other inmates or staff. Under Senate Bill 2352, the ombudsman would be able to visit detention centers unannounced and meet confidentially with juveniles.
The department supports the legislation. The American Federation of State, County and Municipal Employees was neutral on the bill. However, Adrienne Alexander, policy and legislative specialist for AFSCME Council 31, said the union, which represents DoJJ employees, is concerned about where the department will get funding for the new position, given that it is not meeting key missions such as education. “We look forward to details on how exactly it can be done, how it can be funded and how it will be implemented.” Beth Compton, general counsel for the department, said the ombudsman could be a key component to improvements without being too costly. “The ombudsman will be a very important piece at a relatively modest investment.”
Gun sentencing
Rep. Michael Zalewski, a Chicago Democrat, said today that changes to his proposal to increase penalties for gun crimes have made the plan “narrowly tailored” and would bring down the cost of his proposal.
SB 1342 would require first-time offenders who commit an aggravated unlawful use of a weapon to serve 85 percent of a one-year sentence. Knowingly carrying a loaded gun in public without a Firearm Owners Identification Card can result in an aggravated unlawful use of a weapon charge. A felon or gang member would receive a four-year sentence. The proposal would also bar gun offenders from participating in some programs that can substantially shorten their sentences, such as a boot camp program for offenders.
Zalewski’s original proposal called for 3three years for a first-time offender and five years for felons and gang members. A House committee approved the bill, but Zalewski said he is still working to find the votes to pass it in the House. He faces opposition from the National Rifle Association over the required penalties for first-time offenders. “The sponsor has worked very hard to try to craft a bill, and we just haven’t been able to come to a meeting of the minds on this one issue,” said Todd Vandermyde, a lobbyist for the NRA. He said lawmakers need to consider recent court rulings that upheld gun owners’ rights to carry firearms in public. “Carrying a gun is no longer, per se, a criminal offense.”
Some Democrats are also opposed to the bill because they say there is no proof that mandatory sentencing would help curb gun violence over the long term. “The rest of the country is getting away from mandatory minimums,” said Northbrook Democratic Rep. Elaine Nekritz. “Mandatory minimums do nothing about recidivism.” The Illinois Department of Corrections opposed the bill because officials say the department could not afford the longer sentences. Bryan Gleckler, chief of staff for IDoC, said that the bill would increase the corrections population by almost 3,000 inmates in 10 years and cost the department $71.3 million annually. “We have a system that is stressed and have very, very limited resources to manage the existing population that we have within our custody,” he said. “There’s no capacity to take this additional population on.”
But the plan has support from Republicans who formerly served as prosecutors. Elmhurst Republican Rep. Dennis Reboletti helped Zalewski revise the proposal. “I think it’s a pretty thoughtful approach,” he said. Reboletti said is open to more negotiation. However, he said he thinks changes to sentences are needed to deter gun crimes and keep gang members from having a revolving door experience at IDoC only to return to the streets armed. “I don’t know what other alternatives there are.” House Minority Leader Jim Durkin, who also worked as a prosecutor before coming to the legislature, has said he supports enhancing sentences for gun crimes.
Tuesday, October 22, 2013
First week of veto session shaping up to be a bust
By Jamey Dunn
The Illinois General Assembly's fall veto session was off to an anticlimactic start today, as hearings on some of the most closely watched issues were canceled.
The House Revenue and Finance Committee did not take up a proposed tax break for Archer Daniels Midland. Committee chair Marion Democratic Rep. John Bradley had few details to share about the proposal, which supporters hope would persuade ADM to put its corporate headquarters in Chicago. ADM announced earlier this month that it plans move its headquarters out of Decatur. The company would leave most of the current jobs in Decatur, but about 100 positions would go with the transfer. “They’re under consideration at this point,” Bradley said of several tax breaks being pitched to lawmakers. OfficeMax and Office Depot are planning a merger and have approached lawmakers for a tax break. OfficeMax is based in Naperville and Office Depot is headquartered in Florida. So the two states are now in competition for the headquarters of the final merged company. The two office supply companies area seeking a tax break similar to the one ADM is looking for. In the end, a tax break omnibus bill may emerge.
However, Gov. Pat Quinn has said that he will not sign “special” tax breaks for businesses until lawmakers approve changes to the state’s public pension systems. But Bradley did not seem phased by Quinn’s statements. “We’re used to rhetoric like that coming out of the governor’s office.”
A hearing on a proposal, backed by Chicago Mayor Rahm Emanuel, to increase penalties from some gun crimes also did not occur today. The sponsor, Chicago Democratic Rep. Michael Zalewski, is reportedly in talks with the National Rifle Association. If the negotiations are productive, a compromise bill could emerge as early as tomorrow.
Several budget hearings were held today, and a picture of what Quinn’s office would like to see in a supplemental appropriation became clearer. Ben Winick with the Governor’s Office of Management and Budget told a House committee that $97 million in unexpected revenues have been transferred into the General Revenues fund, and the budget office expects an additional $262 million in sales tax revenues that were originally underestimated. However, he said that telecommunications tax receipts would likely come in $46 million shy of estimates. Still, by Quinn’s budget staff’s count, there is about $313 million in funds to potentially spread around. The governor is asking lawmakers to approve about $112 million to pay back wages to state workers. A judge ordered the state to pay the wages with interest. Quinn’s staff is urging lawmakers to pay them sooner, so less interest is piled on. Some agencies have already been able to find the money for back pay in their budgets. Senate Bill 2603 would fund back wages for the Department of Human Services, the Department of Public Health, the Department of Corrections, the Department of Juvenile Justice and the Department of Natural Resources. Other supplemental appropriations bills have not been filed, meaning that the details are likely not worked out yet. The governor’s office is also looking at spending some of the money on setup costs for the state’s licensing system for concealed carry of firearms.
Meanwhile, Quinn and several other elected officials spoke at a rally at the Statehouse for same-sex marriage. Quinn has called on lawmakers not to be distracted from pension reform by other issues, but he said today that same-sex marriage is an exception. “I think this is a civil rights issue, and anytime there is an issue about rights of people, that deserves important consideration.” Opponents to same-sex marriage are scheduled to hold a rally tomorrow. It is not clear if same-sex marriage supporters will be able to find the votes needed to pass a bill during veto session.
House Minority Leader Jim Durkin was officially sworn into his new leadership role today. His statement to Illinois Issues earlier today that veto session is "generally overhyped" seems to be proving true at this point. The House and Senate have already canceled their Thursday sessions, indicating that little is likely to happen this week. Lawmakers are scheduled to return for the last week of the veto session on November 5.
The Illinois General Assembly's fall veto session was off to an anticlimactic start today, as hearings on some of the most closely watched issues were canceled.
The House Revenue and Finance Committee did not take up a proposed tax break for Archer Daniels Midland. Committee chair Marion Democratic Rep. John Bradley had few details to share about the proposal, which supporters hope would persuade ADM to put its corporate headquarters in Chicago. ADM announced earlier this month that it plans move its headquarters out of Decatur. The company would leave most of the current jobs in Decatur, but about 100 positions would go with the transfer. “They’re under consideration at this point,” Bradley said of several tax breaks being pitched to lawmakers. OfficeMax and Office Depot are planning a merger and have approached lawmakers for a tax break. OfficeMax is based in Naperville and Office Depot is headquartered in Florida. So the two states are now in competition for the headquarters of the final merged company. The two office supply companies area seeking a tax break similar to the one ADM is looking for. In the end, a tax break omnibus bill may emerge.
However, Gov. Pat Quinn has said that he will not sign “special” tax breaks for businesses until lawmakers approve changes to the state’s public pension systems. But Bradley did not seem phased by Quinn’s statements. “We’re used to rhetoric like that coming out of the governor’s office.”
A hearing on a proposal, backed by Chicago Mayor Rahm Emanuel, to increase penalties from some gun crimes also did not occur today. The sponsor, Chicago Democratic Rep. Michael Zalewski, is reportedly in talks with the National Rifle Association. If the negotiations are productive, a compromise bill could emerge as early as tomorrow.
Several budget hearings were held today, and a picture of what Quinn’s office would like to see in a supplemental appropriation became clearer. Ben Winick with the Governor’s Office of Management and Budget told a House committee that $97 million in unexpected revenues have been transferred into the General Revenues fund, and the budget office expects an additional $262 million in sales tax revenues that were originally underestimated. However, he said that telecommunications tax receipts would likely come in $46 million shy of estimates. Still, by Quinn’s budget staff’s count, there is about $313 million in funds to potentially spread around. The governor is asking lawmakers to approve about $112 million to pay back wages to state workers. A judge ordered the state to pay the wages with interest. Quinn’s staff is urging lawmakers to pay them sooner, so less interest is piled on. Some agencies have already been able to find the money for back pay in their budgets. Senate Bill 2603 would fund back wages for the Department of Human Services, the Department of Public Health, the Department of Corrections, the Department of Juvenile Justice and the Department of Natural Resources. Other supplemental appropriations bills have not been filed, meaning that the details are likely not worked out yet. The governor’s office is also looking at spending some of the money on setup costs for the state’s licensing system for concealed carry of firearms.
Meanwhile, Quinn and several other elected officials spoke at a rally at the Statehouse for same-sex marriage. Quinn has called on lawmakers not to be distracted from pension reform by other issues, but he said today that same-sex marriage is an exception. “I think this is a civil rights issue, and anytime there is an issue about rights of people, that deserves important consideration.” Opponents to same-sex marriage are scheduled to hold a rally tomorrow. It is not clear if same-sex marriage supporters will be able to find the votes needed to pass a bill during veto session.
House Minority Leader Jim Durkin was officially sworn into his new leadership role today. His statement to Illinois Issues earlier today that veto session is "generally overhyped" seems to be proving true at this point. The House and Senate have already canceled their Thursday sessions, indicating that little is likely to happen this week. Lawmakers are scheduled to return for the last week of the veto session on November 5.
Sunday, October 20, 2013
Veto session preview
By Jamey Dunn
Our October issue has a helpful preview of the Illinois General Assembly's fall veto session. (It is only available in the print edition until Nov. 1, when it will become available online.) Many of the issues that could crop up are the same ones left unresolved at the end of the spring legislative session. But there have been some developments and changes since that story was published. Here are some things to watch for as lawmakers return to the Statehouse for veto session this week:
Public pension changes
Don’t expect much to happen this week on the most highly anticipated issue. Lawmakers working on a committee to propose changes to the state’s pension systems say they will not have legislation drafted in time for a vote in the first week of veto session. Details of a plan that they were considering went public in August. The plan would toss out the 3 percent annual compounded cost-of-living adjustment retirees currently receive. Instead, cost-of-living adjustments would be half the rate of inflation. The rates would have a base level and cap set. The change would likely result in smaller COLAs for retirees, but if inflation goes up, so will the COLAs. Employees would contribute 1 percent less to their retirement benefits. The retirement age would not change. The proposal is estimated to reduce the almost $100 billion unfunded pension liability by $18.1 billion and save the state $145 billion over 30 years.
But some Republicans say the plan would not save enough money. They want to see some tweaks made, including decreasing the base guaranteed COLA, making the cut to employee contributions smaller, increasing the retirement age and offering an optional 401(k)-style plan to employees in all the pension systems. Right now, such a plan is only offered to university employees. The Republican members of the committee had these ideas scored by actuaries to estimate their potential savings and just got the numbers back at the end of last week. “We don’t have a bill that’s written yet. I don’t see us doing anything on pensions in veto next week,” said Naperville Republican Darlene Senger.
Aurora Democratic Sen. Linda Holmes said Democrats on the committee are open to the Republicans suggestions. However, ideas such as adding a 401(k) component or changing the retirement age could be non-starters. “I don’t think that our side really wants to touch retirement age,” she said. Northbrook Democratic Rep. Elaine Nekritz said that while there will not be a lot of outward action on pensions, there will likely be a lot of behind-closed-doors meetings taking place this week among legislative leaders and members of the legislature. She says of the Republican proposals: “Personally I supported a bill that had a larger level of savings, so I don’t object to moving in that direction. But we have to find something that will meet everybody’s needs.” She said she hopes the committee will have a final plan to present to the General Assembly by the last week of veto session, which is scheduled to begin on November 5. “That is my fervent hope.” Lawmakers are not in session the last week of October. Nekritz said she thinks it is likely such a plan would get a hearing before a floor vote, but she said it might not be a procedural requirement. She said she would prefer a hearing. But she notes, “I don’t control the gavel.” Senate President John Cullerton told the Associated Press that a bill could be called in the Senate even if the committee cannot come to an agreement, but it could be harder to pass something in both chambers without a bipartisan stamp of approval from the committee.
Gov. Pat Quinn will likely talk about little else in the coming weeks as he has made pension reform his top priority. He vetoed lawmakers’ pay this summer, saying they should not get it until a bill was passed. However a judge ruled against his veto, and they started getting their checks again in September. The Illinois Supreme Court has agreed to take up the case and will likely hear arguments in the spring. Quinn is voluntarily not taking a paycheck. He says he will not take his pay until a bill is sent to his desk.
Same-sex marriage
Proponents are optimistic about passing same-sex marriage in the near future, but whether it will happen in the veto session is unclear. Some advocates say they have the votes but are not willing to indicate whom they have brought on board in the House. That makes sense because Republicans who have made their support public have faced protests and are now likely to have primary challengers. To pass as is, the bill would need 71 votes now. But if the bill’s sponsor, Chicago Democratic Rep. Greg Harris, waits until January, the deadline to file petitions to run in the primary will have passed, and the bill would only need 60 votes. He opted not to call the bill at the end of the regular session because he said he did not have the votes, and some House members wanted time to poll their constituents. Harris, as always, will not share his vote count. But he told the Chicago Tribune that now is the time to legalize same-sex marriage. “It's the right time, and it's the right thing to do” he said. “Momentum is in the direction of this vote.” Supporters and opponents have rallies at the Statehouse scheduled this week.
ADM tax breaks
Archer Daniels Midland announced earlier this month that it plans to move its headquarters from Decatur, where it has been based for more than 40 years. The company says it would keep jobs that are in Decatur now but would move about 100 positions to the new headquarters. It appears that Chicago is on ADM’s short list of potential locations for its headquarters, but ADM is seeking up to $24 million in tax breaks from state government during the next 20 years. The legislation is scheduled for a House committee hearing on Tuesday. Few lawmakers are vocally supporting the proposal, and there are plenty of critics. But if it seems that ADM might really leave the state, votes could line up behind the legislation. However, Quinn has said he will not sign legislation with tax breaks for ADM before changes to the pension systems are approved. “Our number one way to help business is to get pension reform. We need ADM and all of our big businesses to band together, put pressure on the legislature — the House and the Senate, Democrats and Republicans — to get a vote on the pension reform. That helps everybody. That helps every business. That helps every taxpayer,” Quinn told reporters in Chicago earlier this month. “I think we need to have a moratorium on any special legislation for tax breaks for corporations. We have to focus on pension reform.” But Quinn’s relationship with the legislature after he cut off their pay may be frosty enough that his opposition on any issue could potentially give it a boost.
Gun crime sentencing
Some Chicago leaders, including Mayor Rahm Emanuel, are calling for the legislature to pass tougher sentencing laws in the hopes of quelling the deadly gun violence taking place in parts of the city. The push comes after a shooting in a park injured 13 people, including a 3-year-old, last month. The National Rifle Association and prison watchdog groups oppose the measure. The watchdog groups worry that longer sentences would strain the state’s already crowded corrections system.
The NRA has illustrated its ability to stop a bill in its tracks many times in the General Assembly. So unless the sponsor, Chicago Democratic Rep. Michael Zalewski, can work out a deal with the group, it could be a tough battle. The legislation is scheduled for a House committee hearing on Tuesday.
Committee Hearings
Several issues are scheduled for “subject matter only” hearings during the veto session. That means witnesses will likely come in to testify and lawmakers can ask questions, but no committee vote is taken on legislation.
Our October issue has a helpful preview of the Illinois General Assembly's fall veto session. (It is only available in the print edition until Nov. 1, when it will become available online.) Many of the issues that could crop up are the same ones left unresolved at the end of the spring legislative session. But there have been some developments and changes since that story was published. Here are some things to watch for as lawmakers return to the Statehouse for veto session this week:
Public pension changes
Don’t expect much to happen this week on the most highly anticipated issue. Lawmakers working on a committee to propose changes to the state’s pension systems say they will not have legislation drafted in time for a vote in the first week of veto session. Details of a plan that they were considering went public in August. The plan would toss out the 3 percent annual compounded cost-of-living adjustment retirees currently receive. Instead, cost-of-living adjustments would be half the rate of inflation. The rates would have a base level and cap set. The change would likely result in smaller COLAs for retirees, but if inflation goes up, so will the COLAs. Employees would contribute 1 percent less to their retirement benefits. The retirement age would not change. The proposal is estimated to reduce the almost $100 billion unfunded pension liability by $18.1 billion and save the state $145 billion over 30 years.
But some Republicans say the plan would not save enough money. They want to see some tweaks made, including decreasing the base guaranteed COLA, making the cut to employee contributions smaller, increasing the retirement age and offering an optional 401(k)-style plan to employees in all the pension systems. Right now, such a plan is only offered to university employees. The Republican members of the committee had these ideas scored by actuaries to estimate their potential savings and just got the numbers back at the end of last week. “We don’t have a bill that’s written yet. I don’t see us doing anything on pensions in veto next week,” said Naperville Republican Darlene Senger.
Aurora Democratic Sen. Linda Holmes said Democrats on the committee are open to the Republicans suggestions. However, ideas such as adding a 401(k) component or changing the retirement age could be non-starters. “I don’t think that our side really wants to touch retirement age,” she said. Northbrook Democratic Rep. Elaine Nekritz said that while there will not be a lot of outward action on pensions, there will likely be a lot of behind-closed-doors meetings taking place this week among legislative leaders and members of the legislature. She says of the Republican proposals: “Personally I supported a bill that had a larger level of savings, so I don’t object to moving in that direction. But we have to find something that will meet everybody’s needs.” She said she hopes the committee will have a final plan to present to the General Assembly by the last week of veto session, which is scheduled to begin on November 5. “That is my fervent hope.” Lawmakers are not in session the last week of October. Nekritz said she thinks it is likely such a plan would get a hearing before a floor vote, but she said it might not be a procedural requirement. She said she would prefer a hearing. But she notes, “I don’t control the gavel.” Senate President John Cullerton told the Associated Press that a bill could be called in the Senate even if the committee cannot come to an agreement, but it could be harder to pass something in both chambers without a bipartisan stamp of approval from the committee.
Gov. Pat Quinn will likely talk about little else in the coming weeks as he has made pension reform his top priority. He vetoed lawmakers’ pay this summer, saying they should not get it until a bill was passed. However a judge ruled against his veto, and they started getting their checks again in September. The Illinois Supreme Court has agreed to take up the case and will likely hear arguments in the spring. Quinn is voluntarily not taking a paycheck. He says he will not take his pay until a bill is sent to his desk.
Same-sex marriage
Proponents are optimistic about passing same-sex marriage in the near future, but whether it will happen in the veto session is unclear. Some advocates say they have the votes but are not willing to indicate whom they have brought on board in the House. That makes sense because Republicans who have made their support public have faced protests and are now likely to have primary challengers. To pass as is, the bill would need 71 votes now. But if the bill’s sponsor, Chicago Democratic Rep. Greg Harris, waits until January, the deadline to file petitions to run in the primary will have passed, and the bill would only need 60 votes. He opted not to call the bill at the end of the regular session because he said he did not have the votes, and some House members wanted time to poll their constituents. Harris, as always, will not share his vote count. But he told the Chicago Tribune that now is the time to legalize same-sex marriage. “It's the right time, and it's the right thing to do” he said. “Momentum is in the direction of this vote.” Supporters and opponents have rallies at the Statehouse scheduled this week.
ADM tax breaks
Archer Daniels Midland announced earlier this month that it plans to move its headquarters from Decatur, where it has been based for more than 40 years. The company says it would keep jobs that are in Decatur now but would move about 100 positions to the new headquarters. It appears that Chicago is on ADM’s short list of potential locations for its headquarters, but ADM is seeking up to $24 million in tax breaks from state government during the next 20 years. The legislation is scheduled for a House committee hearing on Tuesday. Few lawmakers are vocally supporting the proposal, and there are plenty of critics. But if it seems that ADM might really leave the state, votes could line up behind the legislation. However, Quinn has said he will not sign legislation with tax breaks for ADM before changes to the pension systems are approved. “Our number one way to help business is to get pension reform. We need ADM and all of our big businesses to band together, put pressure on the legislature — the House and the Senate, Democrats and Republicans — to get a vote on the pension reform. That helps everybody. That helps every business. That helps every taxpayer,” Quinn told reporters in Chicago earlier this month. “I think we need to have a moratorium on any special legislation for tax breaks for corporations. We have to focus on pension reform.” But Quinn’s relationship with the legislature after he cut off their pay may be frosty enough that his opposition on any issue could potentially give it a boost.
Gun crime sentencing
Some Chicago leaders, including Mayor Rahm Emanuel, are calling for the legislature to pass tougher sentencing laws in the hopes of quelling the deadly gun violence taking place in parts of the city. The push comes after a shooting in a park injured 13 people, including a 3-year-old, last month. The National Rifle Association and prison watchdog groups oppose the measure. The watchdog groups worry that longer sentences would strain the state’s already crowded corrections system.
The NRA has illustrated its ability to stop a bill in its tracks many times in the General Assembly. So unless the sponsor, Chicago Democratic Rep. Michael Zalewski, can work out a deal with the group, it could be a tough battle. The legislation is scheduled for a House committee hearing on Tuesday.
Committee Hearings
Several issues are scheduled for “subject matter only” hearings during the veto session. That means witnesses will likely come in to testify and lawmakers can ask questions, but no committee vote is taken on legislation.
- Gambling expansion It seems unlikely that lawmakers will vote on a gaming bill during the veto session, but there is a House hearing on the topic scheduled for Wednesday. Quinn has not said that he would give a gaming bill the same treatment as an ADM tax break if it landed on his desk before pension reform. However, he has warned lawmakers in the past not get distracted by the “shiny object” of a gambling expansion when he feels they should be working to get pension changes passed. He has vetoed two gambling bills in the past and said last year that he could only approve one if it had strict regulations and the money went to education.
- Budgetary issues Several House budget committees are holding hearings on potential supplemental appropriations. It is the time of year when agencies tend to come to lawmakers looking to patch budget holes. Union leaders may also be seeking an appropriation for workers’ back pay from raises there were promised but did not receive. Quinn’s budget staff has said that workers should get the money under a new deal the state made with the unions. However, House Speaker Michael Madigan seems less than warm to the idea. Since there are no bills drafted and in committee, it seems more likely that such budget issues might be tackled in January. Quinn may also be reluctant to sign more spending unless pension changes pass. UPDATE: There is a bill for employee back pay, Senate Bill 2603. It had not been posted to an appropriations hearing as of Monday. Union officials are working to lobby lawmakers. “A circuit court judge has already ruled that the money must be paid. Now Gov. Quinn has agreed, too. But it is up to the state legislature to appropriate the funds that are needed,” says a call to action to its members from the American Federation of State County and Municipal Employees Council 31.
- Paint disposal One hearing that may lead to legislation down the road is scheduled for November 4. Lawmakers are looking to create a program to ensure that paint is properly disposed of in the state. Holmes, who sponsors the Paint Stewardship Act, said the committee is seeking input and hopes to get an end product that sellers and industry can agree to. Under such a plan, a small fee would be added to the cost of paint, and the money would be used to set up the program. Holmes cautions that the idea is still in a very early stage and could see major changes as the process continues. “What we want to do is have everyone on board with it,” she said.
- Retiree health care The Commission on Government Forecasting and Accountability is scheduled to hold a hearing on state retiree health benefits on Wednesday morning. We will have coverage on the blog.
Tuesday, July 02, 2013
Lawmakers to take up Quinn's concealed carry veto on day of court deadline
By Jamey Dunn
Gov. Pat Quinn had harsh words for lawmakers today as he revealed his proposed changes to a compromise concealed-carry bill lawmakers approved in May.
“I think this is an example of a situation in Illinois where the legislature passed a bill in a hurried way at the inspiration of the National Rifle Association, contrary to the safety of the people of Illinois,” Quinn said today at a Chicago news conference. “Fortunately our Constitution — adopted by the people in a referendum — gives the governor an opportunity to propose important changes that protect the public safety.”
A federal court overturned the state’s ban on concealed carry of firearms and gave lawmakers until early June to pass a bill regulating carry in the state. Both legislative chambers approved House Bill 183 on the last day of the spring session. Attorney General Lisa Madigan sought an extension of the deadline to give Quinn time to review the bill. Illinois now has until July 9 to put a carry law in place.
House sponsor of the bill Rep. Brandon Phelps has moved to override Quinn’s changes, and the House plans to begin session at 11 a.m. on July 9 to consider the veto. “He just put one more hurdle in there before the July 9 deadline that we’re going to have to overcome,” Phelps said. Supporters of the original House Bill 183 will need the support of three-fifths of the members of both chambers to reject Quinn’s changes. If all those who voted in favor of the bill the first time around also vote to reject the veto, then HB 183 will become law without Quinn's changes.
“There are serious flaws in this bill that jeopardize public safety of the people of Illinois.” Quinn said today after he used his amendatory veto power to make multiple changes to HB 183. Quinn's administration also launched a website that describes his tweaks to the bill. He proposed removing a provision that would bar home rule governments from setting future restrictions on guns, such as assault weapons bans. “Home rule is a very important part of life in Illinois. It allows local communities to adopt laws and ordinances that benefit their community, and that principle ought to be upheld.” Quinn said the provision is unrelated to concealed carry. “This provision was inspired by the National Rifle Association; it has nothing to do with concealed carry. It’s part of their agenda, no doubt about it, but we don’t need the NRA telling us how to keep people safe in the state of Illinois and our local communities.”
Phelps, a Harrisburg Democrat, said the prohibition on future ordinances is meant to keep local laws from springing up after carry goes into effect. He said that if that occurs, gun owners would likely not know what each locality had passed and might inadvertently break laws as the travel in Illinois. “We do not believe in a patchwork of laws when you are traveling from town to town in the state. The average, law-abiding gun owner is not going to know when driving through those towns what’s expected of him or her.”
Home rule units that do not have bans on assault weapons would have 10 days after the bill becomes law to enact such a ban. “Those home rule municipalities have had forever to pass some form of assault weapons ban,” Phelps said. He took issue with the governor characterizing the bill as a product of the policy desires of the NRA. Phelps has worked closely with the NRA on previous versions of concealed carry, even sponsoring legislation drafted by the organization in the past. But he says HB 183 is a compromise bill that was worked out by lawmakers without interest groups at the table. “The NRA was never in the meeting. They don’t necessarily like the bill. There’s some things they like in there, and there’s some things they don’t like. There’s some things the city of Chicago likes and some things they don’t like. That’s how you get a compromise.” The NRA was neutral on the legislation and avoided making public comments. However gun control advocates noted that the group is rarely mum on any legislation concerning firearms, let alone one of the most important gun-related measures in recent history.
Quinn’s changes would limit those with a carry license to carrying one gun and one ammunition clip that holds no more than 10 rounds. The bill as written would allow licensees to carry as many guns and rounds as they wanted. Under HB 183, business owners who do not wish to allow guns on their property would be required to post a sign. Quinn wants the law to be the other way around. “The presumption ought to be that no guns are allowed in these places, and if the [property] owner wants to have guns, then they should have to have a sign that says, ‘Guns are welcome here.’ It shouldn’t be a burden on private property owners to put a sign otherwise.” Quinn was critical of wording in the bill that allows for carrying guns that are “mostly” concealed. “This isn’t concealed at all,” he said. He proposed changing the wording to clarify that weapons must be fully hidden from view.
The governor also wants to strike a provision that would allow gun owners to keep their firearms locked in their cars if their employers do not allow guns on site. Quinn said that employers should be allowed to ban guns anywhere on their property to reduce the potential for workplace violence. Quinn’s rewrite would also ban the carry of guns in any establishment that serves alcohol. HB 183 only bans weapons in establishments where alcohol makes up half of the gross sales. “Guns and alcohol don’t mix, and I think it’s very important that the legislature understand that message from the people of Illinois,” he said.
Both of the last two issues were provisions that gun control advocates vocally opposed in HB 183. They applauded Quinn’s move today. Coleen Daley, executive director of the Illinois Council Against Handgun Violence, said her organization accepted the court ruling and tried to work with lawmakers to get “comprehensive” carry regulation. But she said that the process did not result in a satisfactory bill. “A flawed bill was passed. Thankfully, our state’s top elected official, Gov. Quinn has our back.” She said that SB 183 “goes too far,” but Quinn’s proposed changes would alleviate most of her group’s concerns with the bill.
Phelps has already filed the paperwork to override Quinn’s veto, which he dismissed as a political move. “This is 100 percent political pandering to one area of this state, Cook County and Chicago. That’s all he’s doing. He’s totally disregarding the General Assembly.” He said the governor has refused to take his calls since the bill passed. “That just shows you how much he thinks of the General Assembly,” Phelps said. “I thought maybe out of respect of each of the bill’s sponsors [he would] to try to work something out.” Phelps said Quinn should have signed the bill and then presented his own legislation with any changes he thinks are needed.
Both Phelps, and Sen. Gary Forby, the Senate sponsor of the bill, are confident that lawmakers will vote to override Quinn’s veto next week. Quinn has also threatened to call lawmakers back for a special session to take up pension reform, so there may be more than one session day next week. “This doesn’t come as a shock to anyone. We knew this governor was going to make this political. If he had concerns about the bill, maybe he should have been more involved when lawmakers spent months working on it. Instead, he makes major changes to the bill after it passed both the House and Senate with veto-proof majorities. Just doesn’t seem very democratic to me,” said Forby, a Benton Democrat.
Quinn today reiterated his opposition to allowing concealed carry in the state at all. “I felt that [court] ruling was wrong then; I still feel it’s wrong. It’s not been appealed.”
Attorney General Lisa Madigan still has the option to appeal the ruling, but a statement from her office today said that she plans to wait to see what lawmakers do with the veto. “That's the last step in the legislative process after the governor amendatorily vetoes a bill. Our office will continue to monitor the progress on the legislative front before making a final decision about the state’s legal options.”
Chicago Democratic Sen. Kwame Raoul, who worked on the negotiations surrounding concealed carry, said he supports many of the changes that Quinn proposed. However he said they were not politically possible. Raoul in particular supported a ban on guns in all places where alcohol is served, but during negotiations, he acknowledged that he might not be able to get all the components he wanted passed. “I wanted the provision that the governor is suggesting to add through amendatory veto, but it was a deal breaker with regards to negotiations.” He said he has not yet decided how he will vote if the veto override is called in the Senate. He voted "present" on HB 183.
“The governor has within his powers the ability to weigh in. I share some of the sentiment of the governor with regards to some of these public safety issues,” Raoul said. But he said that the end product approved by the legislature had some strong protections, especially when coupled with other gun safety legislation sponsored by Raoul. When lawmakers passed the carry bill, they also approved legislation that requires gun owners to report lost or stolen weapons and gun sellers to confirm that purchasers in private sales can legally own firearms. “I don’t fault him, but we have to realize the reality of the circumstance of what a legislature is and how you negotiate within it,” Raoul said.
Quinn said today in response to critics who have accused him of swooping in with demands at the 11th hour after lawmakers spent months negotiating the bill: “I don’t believe in compromising public safety. I don’t believe in negotiating public safety.”
Gov. Pat Quinn had harsh words for lawmakers today as he revealed his proposed changes to a compromise concealed-carry bill lawmakers approved in May.
“I think this is an example of a situation in Illinois where the legislature passed a bill in a hurried way at the inspiration of the National Rifle Association, contrary to the safety of the people of Illinois,” Quinn said today at a Chicago news conference. “Fortunately our Constitution — adopted by the people in a referendum — gives the governor an opportunity to propose important changes that protect the public safety.”
A federal court overturned the state’s ban on concealed carry of firearms and gave lawmakers until early June to pass a bill regulating carry in the state. Both legislative chambers approved House Bill 183 on the last day of the spring session. Attorney General Lisa Madigan sought an extension of the deadline to give Quinn time to review the bill. Illinois now has until July 9 to put a carry law in place.
House sponsor of the bill Rep. Brandon Phelps has moved to override Quinn’s changes, and the House plans to begin session at 11 a.m. on July 9 to consider the veto. “He just put one more hurdle in there before the July 9 deadline that we’re going to have to overcome,” Phelps said. Supporters of the original House Bill 183 will need the support of three-fifths of the members of both chambers to reject Quinn’s changes. If all those who voted in favor of the bill the first time around also vote to reject the veto, then HB 183 will become law without Quinn's changes.
“There are serious flaws in this bill that jeopardize public safety of the people of Illinois.” Quinn said today after he used his amendatory veto power to make multiple changes to HB 183. Quinn's administration also launched a website that describes his tweaks to the bill. He proposed removing a provision that would bar home rule governments from setting future restrictions on guns, such as assault weapons bans. “Home rule is a very important part of life in Illinois. It allows local communities to adopt laws and ordinances that benefit their community, and that principle ought to be upheld.” Quinn said the provision is unrelated to concealed carry. “This provision was inspired by the National Rifle Association; it has nothing to do with concealed carry. It’s part of their agenda, no doubt about it, but we don’t need the NRA telling us how to keep people safe in the state of Illinois and our local communities.”
Phelps, a Harrisburg Democrat, said the prohibition on future ordinances is meant to keep local laws from springing up after carry goes into effect. He said that if that occurs, gun owners would likely not know what each locality had passed and might inadvertently break laws as the travel in Illinois. “We do not believe in a patchwork of laws when you are traveling from town to town in the state. The average, law-abiding gun owner is not going to know when driving through those towns what’s expected of him or her.”
Home rule units that do not have bans on assault weapons would have 10 days after the bill becomes law to enact such a ban. “Those home rule municipalities have had forever to pass some form of assault weapons ban,” Phelps said. He took issue with the governor characterizing the bill as a product of the policy desires of the NRA. Phelps has worked closely with the NRA on previous versions of concealed carry, even sponsoring legislation drafted by the organization in the past. But he says HB 183 is a compromise bill that was worked out by lawmakers without interest groups at the table. “The NRA was never in the meeting. They don’t necessarily like the bill. There’s some things they like in there, and there’s some things they don’t like. There’s some things the city of Chicago likes and some things they don’t like. That’s how you get a compromise.” The NRA was neutral on the legislation and avoided making public comments. However gun control advocates noted that the group is rarely mum on any legislation concerning firearms, let alone one of the most important gun-related measures in recent history.
Quinn’s changes would limit those with a carry license to carrying one gun and one ammunition clip that holds no more than 10 rounds. The bill as written would allow licensees to carry as many guns and rounds as they wanted. Under HB 183, business owners who do not wish to allow guns on their property would be required to post a sign. Quinn wants the law to be the other way around. “The presumption ought to be that no guns are allowed in these places, and if the [property] owner wants to have guns, then they should have to have a sign that says, ‘Guns are welcome here.’ It shouldn’t be a burden on private property owners to put a sign otherwise.” Quinn was critical of wording in the bill that allows for carrying guns that are “mostly” concealed. “This isn’t concealed at all,” he said. He proposed changing the wording to clarify that weapons must be fully hidden from view.
The governor also wants to strike a provision that would allow gun owners to keep their firearms locked in their cars if their employers do not allow guns on site. Quinn said that employers should be allowed to ban guns anywhere on their property to reduce the potential for workplace violence. Quinn’s rewrite would also ban the carry of guns in any establishment that serves alcohol. HB 183 only bans weapons in establishments where alcohol makes up half of the gross sales. “Guns and alcohol don’t mix, and I think it’s very important that the legislature understand that message from the people of Illinois,” he said.
Both of the last two issues were provisions that gun control advocates vocally opposed in HB 183. They applauded Quinn’s move today. Coleen Daley, executive director of the Illinois Council Against Handgun Violence, said her organization accepted the court ruling and tried to work with lawmakers to get “comprehensive” carry regulation. But she said that the process did not result in a satisfactory bill. “A flawed bill was passed. Thankfully, our state’s top elected official, Gov. Quinn has our back.” She said that SB 183 “goes too far,” but Quinn’s proposed changes would alleviate most of her group’s concerns with the bill.
Phelps has already filed the paperwork to override Quinn’s veto, which he dismissed as a political move. “This is 100 percent political pandering to one area of this state, Cook County and Chicago. That’s all he’s doing. He’s totally disregarding the General Assembly.” He said the governor has refused to take his calls since the bill passed. “That just shows you how much he thinks of the General Assembly,” Phelps said. “I thought maybe out of respect of each of the bill’s sponsors [he would] to try to work something out.” Phelps said Quinn should have signed the bill and then presented his own legislation with any changes he thinks are needed.
Both Phelps, and Sen. Gary Forby, the Senate sponsor of the bill, are confident that lawmakers will vote to override Quinn’s veto next week. Quinn has also threatened to call lawmakers back for a special session to take up pension reform, so there may be more than one session day next week. “This doesn’t come as a shock to anyone. We knew this governor was going to make this political. If he had concerns about the bill, maybe he should have been more involved when lawmakers spent months working on it. Instead, he makes major changes to the bill after it passed both the House and Senate with veto-proof majorities. Just doesn’t seem very democratic to me,” said Forby, a Benton Democrat.
Quinn today reiterated his opposition to allowing concealed carry in the state at all. “I felt that [court] ruling was wrong then; I still feel it’s wrong. It’s not been appealed.”
Attorney General Lisa Madigan still has the option to appeal the ruling, but a statement from her office today said that she plans to wait to see what lawmakers do with the veto. “That's the last step in the legislative process after the governor amendatorily vetoes a bill. Our office will continue to monitor the progress on the legislative front before making a final decision about the state’s legal options.”
Chicago Democratic Sen. Kwame Raoul, who worked on the negotiations surrounding concealed carry, said he supports many of the changes that Quinn proposed. However he said they were not politically possible. Raoul in particular supported a ban on guns in all places where alcohol is served, but during negotiations, he acknowledged that he might not be able to get all the components he wanted passed. “I wanted the provision that the governor is suggesting to add through amendatory veto, but it was a deal breaker with regards to negotiations.” He said he has not yet decided how he will vote if the veto override is called in the Senate. He voted "present" on HB 183.
“The governor has within his powers the ability to weigh in. I share some of the sentiment of the governor with regards to some of these public safety issues,” Raoul said. But he said that the end product approved by the legislature had some strong protections, especially when coupled with other gun safety legislation sponsored by Raoul. When lawmakers passed the carry bill, they also approved legislation that requires gun owners to report lost or stolen weapons and gun sellers to confirm that purchasers in private sales can legally own firearms. “I don’t fault him, but we have to realize the reality of the circumstance of what a legislature is and how you negotiate within it,” Raoul said.
Quinn said today in response to critics who have accused him of swooping in with demands at the 11th hour after lawmakers spent months negotiating the bill: “I don’t believe in compromising public safety. I don’t believe in negotiating public safety.”
Monday, July 01, 2013
Quinn signs school safety bill, says he will act on carry bill 'shortly'
By Jamey Dunn
Gov. Pat Quinn today signed legislation that requires Illinois schools to conduct safety drills to prepare for the possibility of a shooting.
The December shooting at a school in Newtown, Conn., where 20 children and six adults were killed, began a push in Illinois to ensure that schools are considering security as part of their safety plans. Senate Bill 1625 requires schools to add a drill for a “shooting incident” to their annual safety drills, which currently include evacuations and severe weather preparation. “Unfortunately, today we must prepare not only for acts of nature but acts of violence,” said Chicago Democratic Sen. Jacqueline Collins, who sponsored the bill. Local law enforcement will be involved in the shooting drills.
“I think all of us were horrified by a terrible tragedy that occurred in our country at Sandy Hook school in Newtown, Conn.,” Gov. Pat Quinn said in Oak Park today. “It was a horrific tragedy that we need to take notice of and do something about.” After the Sandy Hook shooting, Quinn held a school safety summit that included law enforcement officials, education representatives and the Illinois Emergency Management Agency. SB 1625 was a product of those discussions. “It’s very sad that we have to have a drill, but I think it is necessary,” said Illinois Education Association president Cinda Klickna, who participated in the summit. Klickna said many schools already have a plan in place for acts of violence. “Sometimes, there are schools that actually have a walk through [for police and emergency responders] so that everybody knows what the school looks like. ... The more that there is that conversation and understanding of that school setting, the better off you are.” She said, however, that some districts have a plan on file but have not conducted drills. The measure does allow flexibility for local districts to work with police and craft their own responses. “It’s a local enterprise between local law enforcement and the local school district,” Quinn said.
Klickna said the new law would bring some consistency across the state by ensuring that each school has a drill that teachers, staff and first responders have practiced. “I think if I were still in the classroom, I would really want to know what I was supposed to do,” she said. “Let’s just hope that we never really have to use the plan, but it’s always better to have a plan.”
Quinn has cited the Sandy Hook shooting several times this year in his calls for gun control measures, such as a ban on assault weapons and a ban on high-capacity ammunition magazines. Parents of Sandy Hook victims came to Springfield to lobby for a high-capacity magazine ban, but the bill fell short in the Senate. Some Statehouse observers predict that Quinn will use his veto pen to write one or both provisions into a concealed carry bill that lawmakers approved on the last day of their spring session. A federal court overturned the state’s ban on concealed carry and gave lawmakers until July 9 to approve legislation regulating the carry of firearms in the state. Quinn would not give any details today, but he said he would act on the bill soon. “It’s imminent. I’ll act on that very shortly, so stay tuned.”
Quinn also set July 9 as the deadline for lawmakers to return to Springfield to take up pension reform legislation. A committee that is working to produce a compromise met last week and has another hearing scheduled on Wednesday. If Quinn vetoes the carry bill, legislators could act on his veto next week.
Gov. Pat Quinn today signed legislation that requires Illinois schools to conduct safety drills to prepare for the possibility of a shooting.
The December shooting at a school in Newtown, Conn., where 20 children and six adults were killed, began a push in Illinois to ensure that schools are considering security as part of their safety plans. Senate Bill 1625 requires schools to add a drill for a “shooting incident” to their annual safety drills, which currently include evacuations and severe weather preparation. “Unfortunately, today we must prepare not only for acts of nature but acts of violence,” said Chicago Democratic Sen. Jacqueline Collins, who sponsored the bill. Local law enforcement will be involved in the shooting drills.
“I think all of us were horrified by a terrible tragedy that occurred in our country at Sandy Hook school in Newtown, Conn.,” Gov. Pat Quinn said in Oak Park today. “It was a horrific tragedy that we need to take notice of and do something about.” After the Sandy Hook shooting, Quinn held a school safety summit that included law enforcement officials, education representatives and the Illinois Emergency Management Agency. SB 1625 was a product of those discussions. “It’s very sad that we have to have a drill, but I think it is necessary,” said Illinois Education Association president Cinda Klickna, who participated in the summit. Klickna said many schools already have a plan in place for acts of violence. “Sometimes, there are schools that actually have a walk through [for police and emergency responders] so that everybody knows what the school looks like. ... The more that there is that conversation and understanding of that school setting, the better off you are.” She said, however, that some districts have a plan on file but have not conducted drills. The measure does allow flexibility for local districts to work with police and craft their own responses. “It’s a local enterprise between local law enforcement and the local school district,” Quinn said.
Klickna said the new law would bring some consistency across the state by ensuring that each school has a drill that teachers, staff and first responders have practiced. “I think if I were still in the classroom, I would really want to know what I was supposed to do,” she said. “Let’s just hope that we never really have to use the plan, but it’s always better to have a plan.”
Quinn has cited the Sandy Hook shooting several times this year in his calls for gun control measures, such as a ban on assault weapons and a ban on high-capacity ammunition magazines. Parents of Sandy Hook victims came to Springfield to lobby for a high-capacity magazine ban, but the bill fell short in the Senate. Some Statehouse observers predict that Quinn will use his veto pen to write one or both provisions into a concealed carry bill that lawmakers approved on the last day of their spring session. A federal court overturned the state’s ban on concealed carry and gave lawmakers until July 9 to approve legislation regulating the carry of firearms in the state. Quinn would not give any details today, but he said he would act on the bill soon. “It’s imminent. I’ll act on that very shortly, so stay tuned.”
Quinn also set July 9 as the deadline for lawmakers to return to Springfield to take up pension reform legislation. A committee that is working to produce a compromise met last week and has another hearing scheduled on Wednesday. If Quinn vetoes the carry bill, legislators could act on his veto next week.
Friday, May 31, 2013
Concealed-carry compromise headed to Quinn
By Jamey Dunn
After months of back and forth on the issue, the Illinois General Assembly approved a bill to regulate the carry of concealed weapons in the state.
“This is an historic day for law-abiding gun owners in this state because they’re going to get to exercise their Second Amendment right,” said Harrisburg Democrat Rep. Brandon Phelps, who sponsored House Bill 183.
In December, the federal 7th Circuit Court of Appeals ruled that the state’s ban on carrying firearms in public, which is the last of its kind in the nation, is unconstitutional. The court gave the General Assembly 180 days to pass a law to regulate carry. The court’s opinion said the state could set reasonable restrictions on carry, such as training requirements for licenses and banning guns in certain places. The deadline set by the court falls on June 9.
When a Senate committee voted down the House’s bill early this week, it seemed that the deadline could come and go without legislation. But lawmakers from both chambers reached a last-minute deal, and both the House and the Senate approved HB183 on the last day of the regular legislative session. Under HB 183, concealed-carry license applicants would have to complete 16 hours of training and pay a $150 fee. The license would be good for five years and permit them to carry in all areas of the state.
Along with the carry bill, lawmakers also sent a gun control measure to Gov. Pat Quinn. Under HB 1189, a resident who sell guns in private sale would have to confirm with the Illinois State Police that the buyer’s Firearm Owner's Identification Card is valid. The seller would call the police and provide the buyer's FOID number for verification. The bill also gives sellers the option of paying a federally licensed firearms dealer to run a background check on the buyer. Gun owners would be required to report lost or stolen firearms to local police within 72 hours.
The degree to which local governments could regulate carry was the biggest point of contention throughout concealed-carry negotiations. The plan preferred by many Senate Democrats would have given the Chicago police commissioner veto power over licenses for carrying in the city. The bill the House approved would have eliminated all local gun ordinances. Opponents of the original Senate proposal said it would give a bureaucrat the power to arbitrarily reject applications. Those who objected to the House plan said that it was a broad overreach, and even it’s own sponsor called it “absolute atomic preemption” of home rule powers.
“The city [of Chicago] said that was unacceptable. We listened to the city yesterday,” said Phelps. In a rare move, the city shared the same stance on the bill as the National Rifle Association. Both were neutral on the bill. “This bill strikes a better balance between the rights of gun owners and the unique public safety needs of Chicago and other municipalities than previous proposals,” Chicago Mayor Rahm Emanuel said in a prepared statement. “This legislation will allow Chicago to set its own policies on assault weapons, high-capacity ammunition magazines, reporting of lost and stolen guns, and the location of gun shops. It also prohibits carrying loaded guns on public transportation, in our parks and schools, in bars and in government buildings.”
House Bill 183 would leave most local ordinances in place. Chicago’s assault weapons ban would remain. But any local governments that might want to ban assault weapons in the future should act fast. The bill takes that power away from home rule units 10 days after it goes into effect. The measure would waive some local restrictions for carry permit holders. For example, if a home rule government has a high-capacity magazine ban, someone with a carry permit could still carry a gun with a magazine that falls below the ban. The legislation also allows any FOID card owner to transport any gun that is not banned at the state or federal level through any part of the state, regardless of local law. The gun would have to be unloaded and properly stored in a vehicle.
Opponents said that these exemptions go to far. “It’s a reach beyond concealed carry,” said Maywood Democratic Sen. Kimberly Lightford. “Our village ordinances matter, and we need them to stay intact.” The measure bans guns from several places, including parks, schools and public gatherings such as street fairs. Some who voted against the bill in the House said that more places should have been added to the list. “Do you really need a gun at the beach? And where are you going to conceal it at the beach?” asked Chicago Democratic Rep. Kelly Cassidy. She called on lawmakers to spend more time working on a bill. “It’s not soup. It’s close. It’s brothy, but it’s not soup.”
Democratic Sen. Gary Forby of Benton, who also sponsors the bill, acknowledged there are provisions that those on both sides of the issue do not like. But, he said, that is the nature of compromise. “I think that we got a bill everyone can live with.”
HB1189 had some components of the carry proposal that was originally pitched in Senate, and gun control advocates in both chambers said it made them feel a bit more comfortable with the prospect of concealed carry in the state. “It certainly makes me feel a lot better and others a lot better about what we did with concealed carry,” said Rep. Christian Mitchell, a Democrat from Chicago.
Mahomet Republican Sen. Chapin Rose raised doubts about the state police's ability to handle the volume of calls from buyers checking FOID cards. A recent audit of the FOID division of the state police found it was month behind on processing applications. “Somehow, I’m going to trust that we’re going to call this number and all is well?” he asked. “I don’t trust the state police to get this right.”
But sponsor Rep. Michael Zalewski, a Chicago Democrat, said he is confident that the state police can handle the calls. “This is a common sense reform that state police are equipped to do,” he said. “This is something that makes sense for a lot of reasons within the realm of public safety.” Senate Minority Leader Christine Radogno said that instead of rejecting the bill, lawmakers should work to make sure the problems with the FOID application system are worked out. “If we have a lack of faith in the state police system, then let’s fix it,” she said. “I don’t think we should be quibbling over details that can and should be solved.”
A ban on high-capacity ammunition magazines failed in the Senate today. House Bill 1346 would have banned the sale of magazines that hold 10 or more bullets. The measure would not have required residents who currently own such magazines to give them up. Sponsor Sen. Dan Kotowski, a Democrat from Park Ridge, said his goal was to regulate gun manufacturers, not impede on the rights of individual gun owners. “The gun industry has essentially been able to dictate policy to the American people for too long, for much too long,” he said. “And no one has said to them by law that you need to be held more accountable for what you create. ... We have to figure out a way to limit the damage these weapons can cause.”
A Senate committee approved the measure after the parents of victims of the Sandy Hook School shooting in Newton, Conn., gave testimony in favor of the plan. Opponents said the bill would not make the state safer. “If I were to make a list of everything that is effective and not effective ... this would be at the bottom of the list of things that are not effective,” said Dixon Republican Sen. Tim Bivins.
Quinn’s office said he plans to review the carry bill. But the governor did release a statement on the failure of the magazine ban. “I met with the families of Newtown, Conn., as did many lawmakers, and we have seen the devastation that high-capacity ammunition magazines have done to families across our nation. “Today, lawmakers had the opportunity to minimize the chance of this unthinkable violence happening in Illinois. “I am very disappointed that members did not pass commonsense legislation that would have no impact on hunting,” Quinn said in a prepared statement. Quinn called for a high-capacity magazine ban and a ban on assault weapons in his State of the State address. “I will continue to fight for limits on high-capacity ammunition magazines in our state.”
Last year, Quinn used his amendatory veto power to tack an assault weapons ban onto an unrelated bill regarding ammunition. It is possible he would make a similar move with either of the bills that passed today. The concealed carry legislation passed with enough votes to override a veto.
After months of back and forth on the issue, the Illinois General Assembly approved a bill to regulate the carry of concealed weapons in the state.
“This is an historic day for law-abiding gun owners in this state because they’re going to get to exercise their Second Amendment right,” said Harrisburg Democrat Rep. Brandon Phelps, who sponsored House Bill 183.
In December, the federal 7th Circuit Court of Appeals ruled that the state’s ban on carrying firearms in public, which is the last of its kind in the nation, is unconstitutional. The court gave the General Assembly 180 days to pass a law to regulate carry. The court’s opinion said the state could set reasonable restrictions on carry, such as training requirements for licenses and banning guns in certain places. The deadline set by the court falls on June 9.
When a Senate committee voted down the House’s bill early this week, it seemed that the deadline could come and go without legislation. But lawmakers from both chambers reached a last-minute deal, and both the House and the Senate approved HB183 on the last day of the regular legislative session. Under HB 183, concealed-carry license applicants would have to complete 16 hours of training and pay a $150 fee. The license would be good for five years and permit them to carry in all areas of the state.
Along with the carry bill, lawmakers also sent a gun control measure to Gov. Pat Quinn. Under HB 1189, a resident who sell guns in private sale would have to confirm with the Illinois State Police that the buyer’s Firearm Owner's Identification Card is valid. The seller would call the police and provide the buyer's FOID number for verification. The bill also gives sellers the option of paying a federally licensed firearms dealer to run a background check on the buyer. Gun owners would be required to report lost or stolen firearms to local police within 72 hours.
The degree to which local governments could regulate carry was the biggest point of contention throughout concealed-carry negotiations. The plan preferred by many Senate Democrats would have given the Chicago police commissioner veto power over licenses for carrying in the city. The bill the House approved would have eliminated all local gun ordinances. Opponents of the original Senate proposal said it would give a bureaucrat the power to arbitrarily reject applications. Those who objected to the House plan said that it was a broad overreach, and even it’s own sponsor called it “absolute atomic preemption” of home rule powers.
“The city [of Chicago] said that was unacceptable. We listened to the city yesterday,” said Phelps. In a rare move, the city shared the same stance on the bill as the National Rifle Association. Both were neutral on the bill. “This bill strikes a better balance between the rights of gun owners and the unique public safety needs of Chicago and other municipalities than previous proposals,” Chicago Mayor Rahm Emanuel said in a prepared statement. “This legislation will allow Chicago to set its own policies on assault weapons, high-capacity ammunition magazines, reporting of lost and stolen guns, and the location of gun shops. It also prohibits carrying loaded guns on public transportation, in our parks and schools, in bars and in government buildings.”
House Bill 183 would leave most local ordinances in place. Chicago’s assault weapons ban would remain. But any local governments that might want to ban assault weapons in the future should act fast. The bill takes that power away from home rule units 10 days after it goes into effect. The measure would waive some local restrictions for carry permit holders. For example, if a home rule government has a high-capacity magazine ban, someone with a carry permit could still carry a gun with a magazine that falls below the ban. The legislation also allows any FOID card owner to transport any gun that is not banned at the state or federal level through any part of the state, regardless of local law. The gun would have to be unloaded and properly stored in a vehicle.
Opponents said that these exemptions go to far. “It’s a reach beyond concealed carry,” said Maywood Democratic Sen. Kimberly Lightford. “Our village ordinances matter, and we need them to stay intact.” The measure bans guns from several places, including parks, schools and public gatherings such as street fairs. Some who voted against the bill in the House said that more places should have been added to the list. “Do you really need a gun at the beach? And where are you going to conceal it at the beach?” asked Chicago Democratic Rep. Kelly Cassidy. She called on lawmakers to spend more time working on a bill. “It’s not soup. It’s close. It’s brothy, but it’s not soup.”
Democratic Sen. Gary Forby of Benton, who also sponsors the bill, acknowledged there are provisions that those on both sides of the issue do not like. But, he said, that is the nature of compromise. “I think that we got a bill everyone can live with.”
HB1189 had some components of the carry proposal that was originally pitched in Senate, and gun control advocates in both chambers said it made them feel a bit more comfortable with the prospect of concealed carry in the state. “It certainly makes me feel a lot better and others a lot better about what we did with concealed carry,” said Rep. Christian Mitchell, a Democrat from Chicago.
Mahomet Republican Sen. Chapin Rose raised doubts about the state police's ability to handle the volume of calls from buyers checking FOID cards. A recent audit of the FOID division of the state police found it was month behind on processing applications. “Somehow, I’m going to trust that we’re going to call this number and all is well?” he asked. “I don’t trust the state police to get this right.”
But sponsor Rep. Michael Zalewski, a Chicago Democrat, said he is confident that the state police can handle the calls. “This is a common sense reform that state police are equipped to do,” he said. “This is something that makes sense for a lot of reasons within the realm of public safety.” Senate Minority Leader Christine Radogno said that instead of rejecting the bill, lawmakers should work to make sure the problems with the FOID application system are worked out. “If we have a lack of faith in the state police system, then let’s fix it,” she said. “I don’t think we should be quibbling over details that can and should be solved.”
A ban on high-capacity ammunition magazines failed in the Senate today. House Bill 1346 would have banned the sale of magazines that hold 10 or more bullets. The measure would not have required residents who currently own such magazines to give them up. Sponsor Sen. Dan Kotowski, a Democrat from Park Ridge, said his goal was to regulate gun manufacturers, not impede on the rights of individual gun owners. “The gun industry has essentially been able to dictate policy to the American people for too long, for much too long,” he said. “And no one has said to them by law that you need to be held more accountable for what you create. ... We have to figure out a way to limit the damage these weapons can cause.”
A Senate committee approved the measure after the parents of victims of the Sandy Hook School shooting in Newton, Conn., gave testimony in favor of the plan. Opponents said the bill would not make the state safer. “If I were to make a list of everything that is effective and not effective ... this would be at the bottom of the list of things that are not effective,” said Dixon Republican Sen. Tim Bivins.
Quinn’s office said he plans to review the carry bill. But the governor did release a statement on the failure of the magazine ban. “I met with the families of Newtown, Conn., as did many lawmakers, and we have seen the devastation that high-capacity ammunition magazines have done to families across our nation. “Today, lawmakers had the opportunity to minimize the chance of this unthinkable violence happening in Illinois. “I am very disappointed that members did not pass commonsense legislation that would have no impact on hunting,” Quinn said in a prepared statement. Quinn called for a high-capacity magazine ban and a ban on assault weapons in his State of the State address. “I will continue to fight for limits on high-capacity ammunition magazines in our state.”
Last year, Quinn used his amendatory veto power to tack an assault weapons ban onto an unrelated bill regarding ammunition. It is possible he would make a similar move with either of the bills that passed today. The concealed carry legislation passed with enough votes to override a veto.
Friday, May 24, 2013
Senate looks to tweak concealed-carry bill approved by House
By Jamey Dunn
State Sen. Kwame Raoul says he plans to craft a “compromise” bill similar to the concealed-carry legislation approved by the House today.
The Illinois House passed Senate Bill 2193 on a vote of 85 in favor and 30 opposed. Under the proposal, Illinois residents would be able to carry loaded handguns in public if they meet the licensing requirements prescribed by the bill, complete 18 hours of training and pay a fee of $150. The Illinois State Police would issue concealed-carry licenses, which would be good for five years.
A federal court ordered Illinois lawmakers to approve legislation regulating concealed carry by early June. House Speaker Michael Madigan said that ruling was a driving force behind today’s vote, but he said so were changing attitudes about concealed carry. He noted that a bill backed by gun control advocates received only 31 of the 60 “yes” votes it would have needed to pass in the House last month. A bill supported by gun rights activists was only defeated after Madigan lobbied against it. “That language, which required 71 votes, got 64. It got 64 after I had worked against the bill and where the proponent of the language felt that at a high water point, they had 75 votes,” he said on the House floor today. “Those vote counts are very telling. They tell the reason why I stand before you today changing a position which I’ve advocated for well over 20 years. But that’s what happens in a democracy.” He said that as public sentiment changes, so do lawmakers’ votes. “In a democracy, it’s not only OK to do that, it’s expected that there would be changes in thinking by people in legislatures consistent with how the people of the country feel.”
The measure approved today would wipe out all existing local gun laws, including requirements to report lost or stolen guns and Chicago’s ban on assault weapons. Senate President John Cullerton called this preemption of the powers of home rule units of government an “overreach” by the National Rifle Association. The NRA has not taken a position on the bill. However, Raoul, who sponsored a more restrictive plan in the Senate, says he doesn’t buy that. “You’ve never known the NRA to be quiet on a gun bill. I think that’s reflective of the NRA being in favor of this bill. There’s not question the NRA is in favor of this bill. I don’t think anybody is fooled by that.” A representative of the Illinois State Rifle Association told Illinois Issues yesterday that the group opposes the fee and the number of training hours required, but it remains neutral on the overall bill.
Supporters of SB 2193 say they want uniform laws throughout the state so that gun owners do not commit crimes just because they are unaware of a local ordinance. “I’m a home rule guy. I live in a home rule county. I live in a home rule municipality. I represent home rule municipalities,” said Rep. David Harris, a Republican from Arlington Heights. But Harris told a story about his wife getting a ticket for talking on her cell phone while driving in a city that bans it because she did not know it was illegal there. He said that if that happened under a carry law, she would potentially face criminal charges. “It’s rare that I stand up and support preemption. However, I think this is one time where preemption makes sense.”
Harrisburg Democratic Rep. Brandon Phelps, who sponsored the bill, said, “No matter where you live, no matter what ZIP code you come from, you should have equal rights.” Raoul said that his compromise bill would preempt local government on the issue of concealed carry, so that the law is uniform across the state. But he said there is no reason to roll back local gun regulations that are not related to carry. “The 7th circuit [court] didn’t say pass a law that preempts home rule to do anything with regards to guns,” he said. “Any of the ordinances that exist right now, except for those that have to deal with concealed carry, we’d leave those in place.”
Raoul, a Chicago Democrat, said many components of Phelps’ plan would make it into his own legislation. Under SB 2193, any law enforcement official could object to applications for carry licenses. Objections and the documentation to back them up would come before a board that would be appointed by the governor and approved by the Senate. The requirements for serving on that board would be high. The bill calls for federal judges, department of justice attorneys, federal law enforcement agents, doctors and clinical psychologists as potential candidates for saving on the panel. Applicants for carry licenses who were flagged by a law enforcement objection would also be able to submit information to the board, which would make the final ruling on the permit. Raoul’s previous bill would have given Chicago’s police commission veto power over applications from people who want to carry in the city, but he said he is comfortable with including Phelps’ review board instead of his Chicago-specific idea. Raoul said he also plans to call for banning concealed carry anywhere alcohol is served. Phelps’ bill only bans guns in establishments where alcohol sales make up half of the take.
Gov. Pat Quinn issued a scathing statement after the House vote today. “This legislation is wrong for Illinois. It was wrong yesterday in committee, it’s wrong today and it’s wrong for the future of public safety in our state. The principle of home rule is an important one. As written, this legislation is a massive overreach that would repeal critical gun safety ordinances in Chicago, Cook County, and across Illinois. We need strong gun safety laws that protect the people of our state. Instead, this measure puts public safety at risk. I will not support this bill, and I will work with members of the Illinois Senate to stop it in its tracks," he said. The city of Chicago also opposes the bill.
But Phelps said he is concerned that if the state misses the deadline set by the courts, then carry would be allowed without statewide restrictions, and the result would be chaotic. “We have a court ruling to deal with, so I would find it appalling [if] the governor and the powers that be want to go off the cliff because there’s way too much uncertainty in that. So why would you want to put the people in the state of Illinois in jeopardy by going off the cliff?” He asked during floor debate of his bill.
Cullerton said he might call Phelps’ legislation for a vote. However, he said that decision would be made after Senate Democrats caucus on the issue when they return to Springfield for session on Monday. “Maybe our caucus doesn’t want to go forward with it. Maybe we’ll have a caucus, and we’ll see that there’s no support and go a head with an alternative,” Cullerton said.
State Sen. Kwame Raoul says he plans to craft a “compromise” bill similar to the concealed-carry legislation approved by the House today.
The Illinois House passed Senate Bill 2193 on a vote of 85 in favor and 30 opposed. Under the proposal, Illinois residents would be able to carry loaded handguns in public if they meet the licensing requirements prescribed by the bill, complete 18 hours of training and pay a fee of $150. The Illinois State Police would issue concealed-carry licenses, which would be good for five years.
A federal court ordered Illinois lawmakers to approve legislation regulating concealed carry by early June. House Speaker Michael Madigan said that ruling was a driving force behind today’s vote, but he said so were changing attitudes about concealed carry. He noted that a bill backed by gun control advocates received only 31 of the 60 “yes” votes it would have needed to pass in the House last month. A bill supported by gun rights activists was only defeated after Madigan lobbied against it. “That language, which required 71 votes, got 64. It got 64 after I had worked against the bill and where the proponent of the language felt that at a high water point, they had 75 votes,” he said on the House floor today. “Those vote counts are very telling. They tell the reason why I stand before you today changing a position which I’ve advocated for well over 20 years. But that’s what happens in a democracy.” He said that as public sentiment changes, so do lawmakers’ votes. “In a democracy, it’s not only OK to do that, it’s expected that there would be changes in thinking by people in legislatures consistent with how the people of the country feel.”
The measure approved today would wipe out all existing local gun laws, including requirements to report lost or stolen guns and Chicago’s ban on assault weapons. Senate President John Cullerton called this preemption of the powers of home rule units of government an “overreach” by the National Rifle Association. The NRA has not taken a position on the bill. However, Raoul, who sponsored a more restrictive plan in the Senate, says he doesn’t buy that. “You’ve never known the NRA to be quiet on a gun bill. I think that’s reflective of the NRA being in favor of this bill. There’s not question the NRA is in favor of this bill. I don’t think anybody is fooled by that.” A representative of the Illinois State Rifle Association told Illinois Issues yesterday that the group opposes the fee and the number of training hours required, but it remains neutral on the overall bill.
Supporters of SB 2193 say they want uniform laws throughout the state so that gun owners do not commit crimes just because they are unaware of a local ordinance. “I’m a home rule guy. I live in a home rule county. I live in a home rule municipality. I represent home rule municipalities,” said Rep. David Harris, a Republican from Arlington Heights. But Harris told a story about his wife getting a ticket for talking on her cell phone while driving in a city that bans it because she did not know it was illegal there. He said that if that happened under a carry law, she would potentially face criminal charges. “It’s rare that I stand up and support preemption. However, I think this is one time where preemption makes sense.”
Harrisburg Democratic Rep. Brandon Phelps, who sponsored the bill, said, “No matter where you live, no matter what ZIP code you come from, you should have equal rights.” Raoul said that his compromise bill would preempt local government on the issue of concealed carry, so that the law is uniform across the state. But he said there is no reason to roll back local gun regulations that are not related to carry. “The 7th circuit [court] didn’t say pass a law that preempts home rule to do anything with regards to guns,” he said. “Any of the ordinances that exist right now, except for those that have to deal with concealed carry, we’d leave those in place.”
Raoul, a Chicago Democrat, said many components of Phelps’ plan would make it into his own legislation. Under SB 2193, any law enforcement official could object to applications for carry licenses. Objections and the documentation to back them up would come before a board that would be appointed by the governor and approved by the Senate. The requirements for serving on that board would be high. The bill calls for federal judges, department of justice attorneys, federal law enforcement agents, doctors and clinical psychologists as potential candidates for saving on the panel. Applicants for carry licenses who were flagged by a law enforcement objection would also be able to submit information to the board, which would make the final ruling on the permit. Raoul’s previous bill would have given Chicago’s police commission veto power over applications from people who want to carry in the city, but he said he is comfortable with including Phelps’ review board instead of his Chicago-specific idea. Raoul said he also plans to call for banning concealed carry anywhere alcohol is served. Phelps’ bill only bans guns in establishments where alcohol sales make up half of the take.
Gov. Pat Quinn issued a scathing statement after the House vote today. “This legislation is wrong for Illinois. It was wrong yesterday in committee, it’s wrong today and it’s wrong for the future of public safety in our state. The principle of home rule is an important one. As written, this legislation is a massive overreach that would repeal critical gun safety ordinances in Chicago, Cook County, and across Illinois. We need strong gun safety laws that protect the people of our state. Instead, this measure puts public safety at risk. I will not support this bill, and I will work with members of the Illinois Senate to stop it in its tracks," he said. The city of Chicago also opposes the bill.
But Phelps said he is concerned that if the state misses the deadline set by the courts, then carry would be allowed without statewide restrictions, and the result would be chaotic. “We have a court ruling to deal with, so I would find it appalling [if] the governor and the powers that be want to go off the cliff because there’s way too much uncertainty in that. So why would you want to put the people in the state of Illinois in jeopardy by going off the cliff?” He asked during floor debate of his bill.
Cullerton said he might call Phelps’ legislation for a vote. However, he said that decision would be made after Senate Democrats caucus on the issue when they return to Springfield for session on Monday. “Maybe our caucus doesn’t want to go forward with it. Maybe we’ll have a caucus, and we’ll see that there’s no support and go a head with an alternative,” Cullerton said.
Thursday, May 23, 2013
NRA silence 'speaks volumes' to opponents of new concealed-carry bill
By Jamey Dunn
Concealed-carry legislation is expected to pass in the Illinois House on Friday without the support of the National Rifle Association, but opponents say there is a lot in the bill for pro-gun groups to like.
A House committee approved Senate Bill 2193 on a vote of 13 in favor and three opposed. Under the proposal, residents who are eligible to own a gun and are age 21 or older could apply for a carry license. The license would cost $150, and applicants would have to complete 18 hours of training, including live-fire range training. Law enforcement officials at any level could object to applications based on “reasonable suspicion that the applicant is a danger to himself or herself or others, or a threat to public safety.” A panel appointed by the governor and confirmed by the Senate would rule on the objections. House Speaker Michael Madigan predicted that the bill would pass in the House. A vote is expected tomorrow.
The proposal would wipe out local gun laws, including requirements to report lost or stolen guns and Chicago’s ban on assault weapons. That provision makes gun control advocates bristle. They have been pushing to add a component addressing lost or stolen guns, but the sponsor, Democratic Rep. Brandon Phelps, and others have said that they did not want to address issues other than concealed carry with the bill. Colleen Daley, executive director Illinois Council Against Handgun Violence, said that the city’s assault weapons ban would not interfere with the carry law. “If it’s just carry, then make it just carry.”
But Phelps said that the same gun law should apply everywhere in the state. “We just think [it will make] law-abiding gun owners criminals if you don’t have one uniform law. That way, everybody understands what to expect. Having 220 home rule municipalities -- and 109 of them already have some form of firearm ordinances -- we just think that’s ridiculous.” Those with reservations about the bill say that even though the NRA is neutral, they can see the group’s influence in the proposal. They note that the group rarely, if ever, sits quietly and allows legislation it does not favor to pass. No one representing the NRA or the Illinois Rifle Association testified during the committee hearing today. Before the hearing, the usually talkative NRA lobbyist Todd Vandermyde declined to comment on the bill.
“That speaks volumes to me,” Daley said. Ronald Homes, spokesperson for Senate President John Cullerton, also noted the association’s silence. “This is still the template that the NRA wanted to get done. ... The NRA is often loud about bills that they don’t like.” SB 2193 would not allow Chicago or Cook County to add any additional restrictions to concealed carry, something Cullerton and many in his caucus support. “The Senate president has been a strong advocate for tough gun laws in the past, and this bill kind of is the opposite of things that he advocated for,” Holmes said.
Chicago Democratic Sen. Kwame Raoul presented a more restrictive carry bill in the Senate that would require approval from the superintendent of Chicago police for residents seeking to carry in Chicago. But Raoul was not able to find the support needed to pass the bill in the Senate. Holmes said that this new version of concealed carry also could be met with opposition. “I think the bill has a couple things in it that will make it less appealing to members in our caucus.” Chicago Mayor Rahm Emanuel and other prominent Chicago-area officials have not weighed in on SB 2193. Holmes said that Cullerton and Emanuel planned to discuss the bill during a scheduled phone call today.
Phelps acknowledged that the lack of NRA support could help put more votes on the bill. But he says he never talked to any NRA representatives about taking a stance for political reasons. “You saw what happened today The NRA is just not going to support this bill. ... So if it was their fingerprints, I think that they’d be happy because they have a lot of members that are involved in this.”
Richard Pearson, executive director of the Illinois State Rifle Association, said there are things that his group does not like about the bill. “We feel that the fees are too high and the training is too long.” The steep license fee and cost of training could make the constitutional right of carry inaccessible for some. But he says there are components of the proposal that he supports. “It also has some good things in the bill. It’s got [home rule powers] preemption in the bill, which is very very important.”
Daley said she sees some positives in the legislation, too. “We do see the value of some of the pieces in the bill.” She said that all predictions point to the House approving SB 2193 on Friday. But she says that her organizations and other gun control advocates are continuing to push for a bill that recognizes Chicago’s differences and allows for more restrictions there. “We’ve activated our network to get them to call their legislators.”
Pearson said his group is not trying to sway House members. “We’re not saying it’s OK to vote for the bill; we’re not saying it’s not OK. We’re saying we’re neutral.” He added, “I’m sure the representatives will be more than able to make up their minds.”
Concealed-carry legislation is expected to pass in the Illinois House on Friday without the support of the National Rifle Association, but opponents say there is a lot in the bill for pro-gun groups to like.
A House committee approved Senate Bill 2193 on a vote of 13 in favor and three opposed. Under the proposal, residents who are eligible to own a gun and are age 21 or older could apply for a carry license. The license would cost $150, and applicants would have to complete 18 hours of training, including live-fire range training. Law enforcement officials at any level could object to applications based on “reasonable suspicion that the applicant is a danger to himself or herself or others, or a threat to public safety.” A panel appointed by the governor and confirmed by the Senate would rule on the objections. House Speaker Michael Madigan predicted that the bill would pass in the House. A vote is expected tomorrow.
The proposal would wipe out local gun laws, including requirements to report lost or stolen guns and Chicago’s ban on assault weapons. That provision makes gun control advocates bristle. They have been pushing to add a component addressing lost or stolen guns, but the sponsor, Democratic Rep. Brandon Phelps, and others have said that they did not want to address issues other than concealed carry with the bill. Colleen Daley, executive director Illinois Council Against Handgun Violence, said that the city’s assault weapons ban would not interfere with the carry law. “If it’s just carry, then make it just carry.”
But Phelps said that the same gun law should apply everywhere in the state. “We just think [it will make] law-abiding gun owners criminals if you don’t have one uniform law. That way, everybody understands what to expect. Having 220 home rule municipalities -- and 109 of them already have some form of firearm ordinances -- we just think that’s ridiculous.” Those with reservations about the bill say that even though the NRA is neutral, they can see the group’s influence in the proposal. They note that the group rarely, if ever, sits quietly and allows legislation it does not favor to pass. No one representing the NRA or the Illinois Rifle Association testified during the committee hearing today. Before the hearing, the usually talkative NRA lobbyist Todd Vandermyde declined to comment on the bill.
“That speaks volumes to me,” Daley said. Ronald Homes, spokesperson for Senate President John Cullerton, also noted the association’s silence. “This is still the template that the NRA wanted to get done. ... The NRA is often loud about bills that they don’t like.” SB 2193 would not allow Chicago or Cook County to add any additional restrictions to concealed carry, something Cullerton and many in his caucus support. “The Senate president has been a strong advocate for tough gun laws in the past, and this bill kind of is the opposite of things that he advocated for,” Holmes said.
Chicago Democratic Sen. Kwame Raoul presented a more restrictive carry bill in the Senate that would require approval from the superintendent of Chicago police for residents seeking to carry in Chicago. But Raoul was not able to find the support needed to pass the bill in the Senate. Holmes said that this new version of concealed carry also could be met with opposition. “I think the bill has a couple things in it that will make it less appealing to members in our caucus.” Chicago Mayor Rahm Emanuel and other prominent Chicago-area officials have not weighed in on SB 2193. Holmes said that Cullerton and Emanuel planned to discuss the bill during a scheduled phone call today.
Phelps acknowledged that the lack of NRA support could help put more votes on the bill. But he says he never talked to any NRA representatives about taking a stance for political reasons. “You saw what happened today The NRA is just not going to support this bill. ... So if it was their fingerprints, I think that they’d be happy because they have a lot of members that are involved in this.”
Richard Pearson, executive director of the Illinois State Rifle Association, said there are things that his group does not like about the bill. “We feel that the fees are too high and the training is too long.” The steep license fee and cost of training could make the constitutional right of carry inaccessible for some. But he says there are components of the proposal that he supports. “It also has some good things in the bill. It’s got [home rule powers] preemption in the bill, which is very very important.”
Daley said she sees some positives in the legislation, too. “We do see the value of some of the pieces in the bill.” She said that all predictions point to the House approving SB 2193 on Friday. But she says that her organizations and other gun control advocates are continuing to push for a bill that recognizes Chicago’s differences and allows for more restrictions there. “We’ve activated our network to get them to call their legislators.”
Pearson said his group is not trying to sway House members. “We’re not saying it’s OK to vote for the bill; we’re not saying it’s not OK. We’re saying we’re neutral.” He added, “I’m sure the representatives will be more than able to make up their minds.”
Monday, May 20, 2013
Testimony from Newtown parents puts high-capacity magazine ban in the General Assembly's spotlight
By Jamey Dunn
Illinois Senate President John Cullerton said that a visit today from parents of victims of the Sandy Hook Elementary School shooting could help push a ban on the sale of high-capacity ammunition magazines toward passage in the Senate.
“I just told them 'that but for their presence here, this is the type of bill that we probably would fall short on. And if we pass it, it will be because of them,’” Cullerton said after the parents testified in a committee hearing on Senate Bill 1002. The committee approved the bill on a bipartisan vote. Cullerton said he does not know when the measure will be called for a floor vote. He said he plans to count votes to see if there is enough support for it to pass. “This is going to be a close vote. I was very encouraged by the support of the two Republicans. That gives me some encouragement to think that maybe we can get a majority vote.”
The legislation bans the sale or transfer of magazines capable of holding more than 10 rounds. If the bill becomes law, residents who currently own such magazines would be allowed to keep them, but retailers would be barred from selling more of them in the state. Owners would not be allowed to give away or sell their magazines, but they could transfer them to heirs. The proposal also increases penalties form offenders who commit certain crimes using weapons with high-capacity magazines.
Parents from Newtown, Conn., who lost their children in the shooting last December said today that shooter Adam Lanza’s attack was all the more deadly because he had high-capacity magazines that allowed him the fire dozens of bullets before having to reload. “That morning, Daniel [Barton], 19 of his first-grade contemporaries and six educators were murdered at Sandy Hook elementary school,” Michael Barton, Daniel’s father, told the committee. “All those lives were taken in less than four minutes by a single gunman armed with an assault weapon and 10 30-round high-capacity magazines. We know from the investigation the shooter left — he made a conscious decision — to leave the smaller magazines at home. He knew that by bringing the high-capacity magazines, he could kill a lot more people, and he did.” He said that when Lanza did have to reload, several students were able to escape. “Limiting the availability of these devices won’t stop gun violence or end mass shootings. We know that. But that shouldn’t be the test. The important thing is that this bill will save lives in these horrific mass shootings. We know that forcing the person to reload can provide a window to escape or to overtake the perpetrator.”
Nicole Hockley, whose son Dylan Hockley was killed at Sandy Hook, said of SB 1002, “This is a common sense solution, and it does not infringe on anyone’s constitutional rights.” She said that high-capacity magazines “only exist to spray as many bullets as possible in the shortest time frame without reloading.”
But opponents argued that guns with high-capacity magazines have become the norm and are protected by the Second Amendment. NRA lobbyist Todd Vandermyde said that magazines that hold more than 10 rounds “are the standard magazines for most of the semiautomatic pistols today, and they are certainly the standard mag for the most common rifles used in competitive shooting, hunting and self defense today.” He said the bill was drafted “poorly and broadly.” Vandermyde argued that U.S. Supreme Court rulings protect firearms that are in “common use,” and that many of the guns that are most commonly used have magazines that hold more than 10 rounds. “I do not believe that this legislation is going to pass constitutional muster.”
Democratic Sen. Dan Kotowski, sponsor of SB 1002, said the gun industry has pushed higher capacity magazines and more militaristic weapons through production and marketing. “The standard is always changing because they’re the ones that set the standard. The industry does.” He said gun producers and sellers are always trying to “figure out a way to make guns more appealing and to make them more efficient.” Kotowski, a Park Ridge Democrat, said that is why his legislation is targeted at the gun industry and not at current owners of high-capacity magazines. “When it comes to the industry and production, there isn’t oversight.
Jay Keller, lobbying on behalf of the Illinois Firearms Manufacturers Association, said gun manufacturers would leave the state if the measure is approved and signed into law. “Illinois is currently home to nearly 65 firearms manufacturers employing 8,500 employees who call Illinois home,” he said. He argued that lawmakers should instead look to issues such as mental health care, drug crimes and violence in film and video games. “This isn’t a bill to address or fix the issues. This isn’t a bill to deal with the mental health aspect of the issue. This bill does not address anything. It’s a feel-good piece of legislation.” Supporters of the legislation said that Illinois manufacturers would not have to stop making high-capacity magazines and could continue to sell them to retailers in other states. Keller said manufacturers see legislation like SB 1002 “a direct attack.” He said the bill “eliminates any incentive to stay within this state.”
Senate Minority Leader Christine Radogno and Palatine Republican Sen. Matt Murphy voted in favor of the measure. Murphy said that hearing from the parents had an emotional affect, but he is trying to keep a level head on the issue. “We do need to try to legislate in a way that is reasoned. You don’t want to be devoid of emotion, but you don’t want it to control you either,” he said. “This is not a be all end all solution to these circumstances, but the opportunity that a smaller capacity provides for lives to be saved, while maybe unlikely, I think exists. I think there is a chance that this bill could save lives, and I think it’s worth taking that chance.”
In April, Kotowski told Illinois issues he was not sure a high-capacity magazine ban was politically possible in the short term. “Yes. I think we have to pick what’s feasible to get passed right now. As you know, I’ve advocated for the limitations of high capacity ammunition magazines in the past,” he said. Kotowski sponsored a ban that passed in the Senate in 2007, but the bill languished in the House. “I think those are more long- term,” he said of the magazine ban and assault weapons ban. SB 1002 does not have a sponsor in the House.
Cullerton said he invited the Newtown parents to Springfield to “make people feel uncomfortable, and that’s what they did.” He said they might also have changed some minds. “They’ve met with a number of other senators, who we’ve asked them to talk to who might not of otherwise have been for the bill. And I think that they made those people think about voting for this.”
Illinois Senate President John Cullerton said that a visit today from parents of victims of the Sandy Hook Elementary School shooting could help push a ban on the sale of high-capacity ammunition magazines toward passage in the Senate.
“I just told them 'that but for their presence here, this is the type of bill that we probably would fall short on. And if we pass it, it will be because of them,’” Cullerton said after the parents testified in a committee hearing on Senate Bill 1002. The committee approved the bill on a bipartisan vote. Cullerton said he does not know when the measure will be called for a floor vote. He said he plans to count votes to see if there is enough support for it to pass. “This is going to be a close vote. I was very encouraged by the support of the two Republicans. That gives me some encouragement to think that maybe we can get a majority vote.”
The legislation bans the sale or transfer of magazines capable of holding more than 10 rounds. If the bill becomes law, residents who currently own such magazines would be allowed to keep them, but retailers would be barred from selling more of them in the state. Owners would not be allowed to give away or sell their magazines, but they could transfer them to heirs. The proposal also increases penalties form offenders who commit certain crimes using weapons with high-capacity magazines.
Parents from Newtown, Conn., who lost their children in the shooting last December said today that shooter Adam Lanza’s attack was all the more deadly because he had high-capacity magazines that allowed him the fire dozens of bullets before having to reload. “That morning, Daniel [Barton], 19 of his first-grade contemporaries and six educators were murdered at Sandy Hook elementary school,” Michael Barton, Daniel’s father, told the committee. “All those lives were taken in less than four minutes by a single gunman armed with an assault weapon and 10 30-round high-capacity magazines. We know from the investigation the shooter left — he made a conscious decision — to leave the smaller magazines at home. He knew that by bringing the high-capacity magazines, he could kill a lot more people, and he did.” He said that when Lanza did have to reload, several students were able to escape. “Limiting the availability of these devices won’t stop gun violence or end mass shootings. We know that. But that shouldn’t be the test. The important thing is that this bill will save lives in these horrific mass shootings. We know that forcing the person to reload can provide a window to escape or to overtake the perpetrator.”
Nicole Hockley, whose son Dylan Hockley was killed at Sandy Hook, said of SB 1002, “This is a common sense solution, and it does not infringe on anyone’s constitutional rights.” She said that high-capacity magazines “only exist to spray as many bullets as possible in the shortest time frame without reloading.”
But opponents argued that guns with high-capacity magazines have become the norm and are protected by the Second Amendment. NRA lobbyist Todd Vandermyde said that magazines that hold more than 10 rounds “are the standard magazines for most of the semiautomatic pistols today, and they are certainly the standard mag for the most common rifles used in competitive shooting, hunting and self defense today.” He said the bill was drafted “poorly and broadly.” Vandermyde argued that U.S. Supreme Court rulings protect firearms that are in “common use,” and that many of the guns that are most commonly used have magazines that hold more than 10 rounds. “I do not believe that this legislation is going to pass constitutional muster.”
Democratic Sen. Dan Kotowski, sponsor of SB 1002, said the gun industry has pushed higher capacity magazines and more militaristic weapons through production and marketing. “The standard is always changing because they’re the ones that set the standard. The industry does.” He said gun producers and sellers are always trying to “figure out a way to make guns more appealing and to make them more efficient.” Kotowski, a Park Ridge Democrat, said that is why his legislation is targeted at the gun industry and not at current owners of high-capacity magazines. “When it comes to the industry and production, there isn’t oversight.
Jay Keller, lobbying on behalf of the Illinois Firearms Manufacturers Association, said gun manufacturers would leave the state if the measure is approved and signed into law. “Illinois is currently home to nearly 65 firearms manufacturers employing 8,500 employees who call Illinois home,” he said. He argued that lawmakers should instead look to issues such as mental health care, drug crimes and violence in film and video games. “This isn’t a bill to address or fix the issues. This isn’t a bill to deal with the mental health aspect of the issue. This bill does not address anything. It’s a feel-good piece of legislation.” Supporters of the legislation said that Illinois manufacturers would not have to stop making high-capacity magazines and could continue to sell them to retailers in other states. Keller said manufacturers see legislation like SB 1002 “a direct attack.” He said the bill “eliminates any incentive to stay within this state.”
Senate Minority Leader Christine Radogno and Palatine Republican Sen. Matt Murphy voted in favor of the measure. Murphy said that hearing from the parents had an emotional affect, but he is trying to keep a level head on the issue. “We do need to try to legislate in a way that is reasoned. You don’t want to be devoid of emotion, but you don’t want it to control you either,” he said. “This is not a be all end all solution to these circumstances, but the opportunity that a smaller capacity provides for lives to be saved, while maybe unlikely, I think exists. I think there is a chance that this bill could save lives, and I think it’s worth taking that chance.”
In April, Kotowski told Illinois issues he was not sure a high-capacity magazine ban was politically possible in the short term. “Yes. I think we have to pick what’s feasible to get passed right now. As you know, I’ve advocated for the limitations of high capacity ammunition magazines in the past,” he said. Kotowski sponsored a ban that passed in the Senate in 2007, but the bill languished in the House. “I think those are more long- term,” he said of the magazine ban and assault weapons ban. SB 1002 does not have a sponsor in the House.
Cullerton said he invited the Newtown parents to Springfield to “make people feel uncomfortable, and that’s what they did.” He said they might also have changed some minds. “They’ve met with a number of other senators, who we’ve asked them to talk to who might not of otherwise have been for the bill. And I think that they made those people think about voting for this.”
Thursday, April 25, 2013
Gun control advocates zero in on priorities
By Jamey Dunn
As the debate over concealed carry continues in Illinois, gun control advocates are setting their priorities.
Last week, the Illinois House rejected two concealed carry proposals — one restrictive plan favored by some gun control advocates and one more permissive proposal backed by the National Rifle Association. The Senate is still working to reach a bipartisan agreement, but negotiations have reportedly hit some snags. A federal court gave lawmakers until early June to pass legislation regulating the carry of firearms in the state.
Those lobbying for gun control hope to see a more restrictive carry law. “We call on lawmakers to use this opportunity to pass the strongest possible gun laws in this country. A law that limits guns in paces like schools and stadiums and government buildings and public transportation for heaven’s sake — a law that mandates strong training requirements and for permit holders to have an awfully good cause for being issued one,” said Bishop Christopher Epting of the Episcopal Diocese of Chicago. “We must balance the Second Amendment with the rights we have to live in peace and free from fear of another life lost to gun violence.”
But many also see the court’s order as an opportunity to put in place some restrictions that they call “common sense” safety measures, which they say would make it easier for law enforcement to track guns and could help to quell the rampant violence in Chicago. The city had more than 500 murders last year, and 87 percent of the victims died from gunshot wounds. “Every time I talk to a legislator, the number one question I get is Chicago. How is this going to stop what’s happening in the city of Chicago?” said Colleen Daley, executive director of the Illinois Council Against Handgun Violence. “That’s the reason we’ve put together an anti-trafficking proposal looking at things like universal background checks, reporting of lost or stolen firearms, dealer licensing and titling guns like cars or some point of sale reporting, so we actually know where that gun is supposed to be.”
Oak Park Democratic Sen. Don Harmon said the focus of gun control advocates must be on measures they believe will do the most to make neighborhoods safe. “We’re not ready to back down. We have a long list of things that we want, and I’m going to ask you to remember just one thing: Let’s always focus on our ultimate objective. We want our neighborhood to be safer; we want our kids and our families to be safe. Anything we do has to make sure we make progress on that front. We might not get everything we want, but we’re going to get safer neighborhoods. We’re going to get safer communities. Our families will be safe; our children will be safe,” Harmon said as he addressed a crowd that had come to Springfield to lobby lawmakers.
Sen. Dan Kotowski, former executive director of the Illinois Council Against Handgun Violence, said he is focused on three provisions he thinks can find broad support. He said that this spring, he is most interested in passing legislation that would require background checks for all gun sales — currently they are not required for private sales — and would require gun owners to report lost or stolen firearms. He also said he wants to work to fix systemic problems with the reporting of mental health records to the Illinois State Police, which licenses gun owners. “If we were to move forward on those three basic initiatives, I think that would be a positive step forward,” he said. “If we’re making the determination to allow people to carry loaded, concealed handguns in public places, when the vast majority of the public is clamoring for reasonable measures which prevent people from getting access to guns who are criminals, who are mentally ill or who are threats to the community, we need to have a proper balance.”
Gov. Pat Quinn supports all three of those measures. The governor has also been vocal about his desire for bans on assault weapons and high capacity magazines since a mass shooting in an Aurora, Colo., movie theater last summer. “The legislature needs to get significant reforms adopted into bill form that come to my desk beyond just concealed carry. That’s not enough,” Quinn said. During a recent gun control rally, which drew family and friends of victims of Chicago gun violence to the Statehouse, Quinn recalled several high-profile shootings. “We're here to save lives. We don’t want people being shot down in a movie theater or a church or a political rally in Tucson, Arizona, or going to first grade in Newtown, Connecticut. Or, or even in our own state. In DeKalb, Illinois, on Valentine's Day five years ago, a gunman [came] into a classroom and killed five students. Five good men and women. I went to each of their funerals. We’re tired of going to funerals.”
Quinn failed to mention the violence in the city, but Daley said that was all right. “We talk about mass shootings all the time and pointing to Connecticut and pointing to Colorado because we have that actually happening in the city on a weekend,” she said. “So paralleling the two of them actually makes a lot of sense in trying to explain it.”
Kotowski, a Park Ridge Democrat, said he appreciates Quinn’s relentless public support for gun control, even if some of the things the governor wants are not at the top of his list this year. “Yes. I think we have to pick what’s feasible to get passed right now. As you know, I’ve advocated for the limitations of high capacity ammunition magazines in the past,” he said. Kotowski sponsored a ban that passed in the Senate in 2007, but the bill languished in the House. “I think those are more long- term,” he said of the magazine ban and assault weapons ban. “But right now, what can we do immediately?”
Mary Kay Mace, mother of Northern Illinois University shooting victim Ryanne Mace, said she hopes that the debate on concealed carry sheds light on the problems with safety measures that are already in place. “What I hope happens is that people become aware of how shoddy our background check system is,” she says. “I think that people just assume that the laws that we have already on the books are working well, and they are not.”
Some lawmakers who advocate for gun owners’ rights also support a few of Kotowoski’s priorities. Harrisburg Democratic Rep. Brandon Phelps, who sponsors the NRA-backed concealed carry proposal, called the mental health records reporting system a “travesty” that he says he wants to help fix. He said increasing the fees for concealed carry permits in his bill to $100 could help address the problems. He also supports universal background checks for all gun sales. However, Phelps does not favor requiring gun owners to report firearms that are lost or stolen. He also does not think that gun control measures should be tacked onto concealed carry legislation. “Now’s not the time to reinvent the wheel,” he said.
Daley said that as advocates focus on their priorities, they should remember that no single change will stop the violence. “One thing we like to make clear is that we don’t [work] under the notion that all of these laws are suddenly going to stop all the violence. Gun violence is a very complex issue, and there are a lot of factors that go into it — economy, where people live, all of that — but what we can do is, we can enact laws that are going to help law enforcement and that are going to cut back on crime that’s taking place — gun violence that is taking place.”
Mace said that she is hopeful about the potential for compromise. “I think that we have more common ground than a lot of people realize. I think that the extremists are loudest on both sides.”
As the debate over concealed carry continues in Illinois, gun control advocates are setting their priorities.
Last week, the Illinois House rejected two concealed carry proposals — one restrictive plan favored by some gun control advocates and one more permissive proposal backed by the National Rifle Association. The Senate is still working to reach a bipartisan agreement, but negotiations have reportedly hit some snags. A federal court gave lawmakers until early June to pass legislation regulating the carry of firearms in the state.
Those lobbying for gun control hope to see a more restrictive carry law. “We call on lawmakers to use this opportunity to pass the strongest possible gun laws in this country. A law that limits guns in paces like schools and stadiums and government buildings and public transportation for heaven’s sake — a law that mandates strong training requirements and for permit holders to have an awfully good cause for being issued one,” said Bishop Christopher Epting of the Episcopal Diocese of Chicago. “We must balance the Second Amendment with the rights we have to live in peace and free from fear of another life lost to gun violence.”
But many also see the court’s order as an opportunity to put in place some restrictions that they call “common sense” safety measures, which they say would make it easier for law enforcement to track guns and could help to quell the rampant violence in Chicago. The city had more than 500 murders last year, and 87 percent of the victims died from gunshot wounds. “Every time I talk to a legislator, the number one question I get is Chicago. How is this going to stop what’s happening in the city of Chicago?” said Colleen Daley, executive director of the Illinois Council Against Handgun Violence. “That’s the reason we’ve put together an anti-trafficking proposal looking at things like universal background checks, reporting of lost or stolen firearms, dealer licensing and titling guns like cars or some point of sale reporting, so we actually know where that gun is supposed to be.”
Oak Park Democratic Sen. Don Harmon said the focus of gun control advocates must be on measures they believe will do the most to make neighborhoods safe. “We’re not ready to back down. We have a long list of things that we want, and I’m going to ask you to remember just one thing: Let’s always focus on our ultimate objective. We want our neighborhood to be safer; we want our kids and our families to be safe. Anything we do has to make sure we make progress on that front. We might not get everything we want, but we’re going to get safer neighborhoods. We’re going to get safer communities. Our families will be safe; our children will be safe,” Harmon said as he addressed a crowd that had come to Springfield to lobby lawmakers.
Sen. Dan Kotowski, former executive director of the Illinois Council Against Handgun Violence, said he is focused on three provisions he thinks can find broad support. He said that this spring, he is most interested in passing legislation that would require background checks for all gun sales — currently they are not required for private sales — and would require gun owners to report lost or stolen firearms. He also said he wants to work to fix systemic problems with the reporting of mental health records to the Illinois State Police, which licenses gun owners. “If we were to move forward on those three basic initiatives, I think that would be a positive step forward,” he said. “If we’re making the determination to allow people to carry loaded, concealed handguns in public places, when the vast majority of the public is clamoring for reasonable measures which prevent people from getting access to guns who are criminals, who are mentally ill or who are threats to the community, we need to have a proper balance.”
Gov. Pat Quinn supports all three of those measures. The governor has also been vocal about his desire for bans on assault weapons and high capacity magazines since a mass shooting in an Aurora, Colo., movie theater last summer. “The legislature needs to get significant reforms adopted into bill form that come to my desk beyond just concealed carry. That’s not enough,” Quinn said. During a recent gun control rally, which drew family and friends of victims of Chicago gun violence to the Statehouse, Quinn recalled several high-profile shootings. “We're here to save lives. We don’t want people being shot down in a movie theater or a church or a political rally in Tucson, Arizona, or going to first grade in Newtown, Connecticut. Or, or even in our own state. In DeKalb, Illinois, on Valentine's Day five years ago, a gunman [came] into a classroom and killed five students. Five good men and women. I went to each of their funerals. We’re tired of going to funerals.”
Quinn failed to mention the violence in the city, but Daley said that was all right. “We talk about mass shootings all the time and pointing to Connecticut and pointing to Colorado because we have that actually happening in the city on a weekend,” she said. “So paralleling the two of them actually makes a lot of sense in trying to explain it.”
Kotowski, a Park Ridge Democrat, said he appreciates Quinn’s relentless public support for gun control, even if some of the things the governor wants are not at the top of his list this year. “Yes. I think we have to pick what’s feasible to get passed right now. As you know, I’ve advocated for the limitations of high capacity ammunition magazines in the past,” he said. Kotowski sponsored a ban that passed in the Senate in 2007, but the bill languished in the House. “I think those are more long- term,” he said of the magazine ban and assault weapons ban. “But right now, what can we do immediately?”
Mary Kay Mace, mother of Northern Illinois University shooting victim Ryanne Mace, said she hopes that the debate on concealed carry sheds light on the problems with safety measures that are already in place. “What I hope happens is that people become aware of how shoddy our background check system is,” she says. “I think that people just assume that the laws that we have already on the books are working well, and they are not.”
Some lawmakers who advocate for gun owners’ rights also support a few of Kotowoski’s priorities. Harrisburg Democratic Rep. Brandon Phelps, who sponsors the NRA-backed concealed carry proposal, called the mental health records reporting system a “travesty” that he says he wants to help fix. He said increasing the fees for concealed carry permits in his bill to $100 could help address the problems. He also supports universal background checks for all gun sales. However, Phelps does not favor requiring gun owners to report firearms that are lost or stolen. He also does not think that gun control measures should be tacked onto concealed carry legislation. “Now’s not the time to reinvent the wheel,” he said.
Daley said that as advocates focus on their priorities, they should remember that no single change will stop the violence. “One thing we like to make clear is that we don’t [work] under the notion that all of these laws are suddenly going to stop all the violence. Gun violence is a very complex issue, and there are a lot of factors that go into it — economy, where people live, all of that — but what we can do is, we can enact laws that are going to help law enforcement and that are going to cut back on crime that’s taking place — gun violence that is taking place.”
Mace said that she is hopeful about the potential for compromise. “I think that we have more common ground than a lot of people realize. I think that the extremists are loudest on both sides.”
Friday, April 19, 2013
Legislative roundup
By Jamey Dunn
The Illinois General Assembly had a busy week, as the House worked toward its Friday deadline for final votes on bills that originated from the chamber.
Sex Education
The House approved House Bill 2675, which calls for curriculum standards for sexual education that would emphasize abstinence but also teach students about contraceptives and using condoms to prevent the spread of sexually transmitted diseases. The curricula would be for middle schools and high schools, but local districts would not be obligated to use it. Parents could also opt not to allow their kids to attend sex education classes.
Abuse and neglect reporting
Lawmakers voted in favor of HB 948, which is an effort to address problems in the system for reporting abuse and neglect of disabled adults. The Belleville News-Democrat uncovered problems with the system and found that the Office of the Inspector General Department of Human Services did not follow up on reports connected to the deaths of more than 50 people. The office claimed that “the dead are ineligible for services.” (George Pawlaczyk and Beth Hundsdorfer, the reporters who uncovered the department’s practices penned an overview of their findings for the October 2012 Illinois Issues.) Under HB 948, the Department of Aging will create a system and standards for responding to allegations of abuse and neglect. The legislation creates a multi-disciplinary advisory panel that would assist with response.
Workplace violence
The House voted in favor of HB 2590, which allows employers to obtain orders of protection against employees who commit an act of violence at work or threaten individuals in the workplace. The order would bar the person from returning to the workplace.
Child Support
Under HB2843, which the House approved, parents who get lucky at Illinois casinos or racetracks and owe child support could see their debt deducted from their winnings. The racetrack or casino would be required to hold out the child support owed and send the money to the Department of Healthcare and Family Services. In exchange, the casino or racetrack would be paid a fee of the lesser of either 4 percent of the winnings or $150.
Guns and pensions
The House voted down HB 1296, which would have barred the state’s pension systems from investing in firearm manufactures.
Drones
The Senate approved Senate Bill 1587, which would regulate the use of unmanned aerial drones in the state. The bill would require law enforcement agencies to obtain warrants to use drones over private property and would ban them from using drones equipped with weapons. The legislation contains exemptions for emergency situations. Drones could also be used to photograph traffic accidents and crime scenes.
Concealed carry
The House rejected two bills this week to regulate concealed carrying of firearms. Supporters of concealed carry in Illinois are pushing for a “shall issue” licensing system that would require the state to give permits to applicants who meet the requirements set out in the law. But earlier this week the U.S. Supreme Court opted not to hear a challenge to New York’s “may issue” law. That statute allows law enforcement officials to deny applicants who may be qualified on paper for a license if they think the applicants present a danger. A “may issue” amendment came before the House on Wednesday, and members voted 31 to 76 against adopting it to a bill. On Thursday, HB 997, a more permissive “shall issue” bill, fell seven votes short of passage. Those who are working on concealed carry in the Senate expect to present legislation in the coming weeks. A federal court overturned the state’s ban on carrying firearms in public and gave lawmakers until June to pass legislation regulating carry.
The House is not scheduled for session next week. The Senate is scheduled for session from Tuesday through Thursday, which is the deadline for passing bills that originate from that chamber. Senate President John Cullerton warned there will probably be long hours next week. While lawmakers are trying to get their legislation out of each chamber before the voting deadlines, there are always ways around those deadlines for more controversial bills, such as employee pension changes, concealed carry and same sex marriage. As the adage goes, no legislation under the dome is every truly “dead.”
The Illinois General Assembly had a busy week, as the House worked toward its Friday deadline for final votes on bills that originated from the chamber.
Sex Education
The House approved House Bill 2675, which calls for curriculum standards for sexual education that would emphasize abstinence but also teach students about contraceptives and using condoms to prevent the spread of sexually transmitted diseases. The curricula would be for middle schools and high schools, but local districts would not be obligated to use it. Parents could also opt not to allow their kids to attend sex education classes.
Abuse and neglect reporting
Lawmakers voted in favor of HB 948, which is an effort to address problems in the system for reporting abuse and neglect of disabled adults. The Belleville News-Democrat uncovered problems with the system and found that the Office of the Inspector General Department of Human Services did not follow up on reports connected to the deaths of more than 50 people. The office claimed that “the dead are ineligible for services.” (George Pawlaczyk and Beth Hundsdorfer, the reporters who uncovered the department’s practices penned an overview of their findings for the October 2012 Illinois Issues.) Under HB 948, the Department of Aging will create a system and standards for responding to allegations of abuse and neglect. The legislation creates a multi-disciplinary advisory panel that would assist with response.
Workplace violence
The House voted in favor of HB 2590, which allows employers to obtain orders of protection against employees who commit an act of violence at work or threaten individuals in the workplace. The order would bar the person from returning to the workplace.
Child Support
Under HB2843, which the House approved, parents who get lucky at Illinois casinos or racetracks and owe child support could see their debt deducted from their winnings. The racetrack or casino would be required to hold out the child support owed and send the money to the Department of Healthcare and Family Services. In exchange, the casino or racetrack would be paid a fee of the lesser of either 4 percent of the winnings or $150.
Guns and pensions
The House voted down HB 1296, which would have barred the state’s pension systems from investing in firearm manufactures.
Drones
The Senate approved Senate Bill 1587, which would regulate the use of unmanned aerial drones in the state. The bill would require law enforcement agencies to obtain warrants to use drones over private property and would ban them from using drones equipped with weapons. The legislation contains exemptions for emergency situations. Drones could also be used to photograph traffic accidents and crime scenes.
Concealed carry
The House rejected two bills this week to regulate concealed carrying of firearms. Supporters of concealed carry in Illinois are pushing for a “shall issue” licensing system that would require the state to give permits to applicants who meet the requirements set out in the law. But earlier this week the U.S. Supreme Court opted not to hear a challenge to New York’s “may issue” law. That statute allows law enforcement officials to deny applicants who may be qualified on paper for a license if they think the applicants present a danger. A “may issue” amendment came before the House on Wednesday, and members voted 31 to 76 against adopting it to a bill. On Thursday, HB 997, a more permissive “shall issue” bill, fell seven votes short of passage. Those who are working on concealed carry in the Senate expect to present legislation in the coming weeks. A federal court overturned the state’s ban on carrying firearms in public and gave lawmakers until June to pass legislation regulating carry.
The House is not scheduled for session next week. The Senate is scheduled for session from Tuesday through Thursday, which is the deadline for passing bills that originate from that chamber. Senate President John Cullerton warned there will probably be long hours next week. While lawmakers are trying to get their legislation out of each chamber before the voting deadlines, there are always ways around those deadlines for more controversial bills, such as employee pension changes, concealed carry and same sex marriage. As the adage goes, no legislation under the dome is every truly “dead.”
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