A subsidiary of AT&T led by a former top aide to ex-House Speaker Michael Madigan could face a criminal charge as an apparent offshoot of an ongoing federal investigation into the dethroned Chicago Democrat, the company revealed in a federal regulatory filing.
The telecommunications giant reported to the Securities and Exchange Commission that a consulting contract executed in 2017 by Illinois Bell Telephone Company LLC is the focus of a previously undisclosed federal investigation led by U.S. Attorney John Lausch in Chicago.
Recently, the U.S. Attorney’s Office for the Northern District of Illinois informed us that they are considering filing a charge against one of our subsidiaries, Illinois Bell Telephone Company, LLC (Illinois Bell), arising out of a single, nine-month consulting contract in 2017 worth twenty-two thousand five hundred dollars.
Since 2019, Illinois Bell has been cooperating with the U.S. Attorney’s Office concerning their widely reported investigation of certain elected Illinois politicians and related parties for corruption. Based on our own extensive investigation of the facts and our engagement with the U.S. Attorney’s Office, we have concluded that the contract at issue was legal in all respects and that any charge against Illinois Bell or its personnel would be without merit. We cannot predict the outcome of the government’s investigation, which could (i) result in criminal penalties, fines, or other remedial measures, (ii) adversely affect our reputation with customers, regulators, and other stakeholders, and (iii) impact our existing federal and state government contracts and our ability to win new contracts in the future.
This could be a lot of things. AT&T’s own lobbying contracts are labeled as consulting contracts.
The same day ComEd and Lausch’s office agreed to the deferred prosecution deal, Madigan’s state office received a far-reaching federal subpoena seeking records concerning AT&T, Walgreens, Rush University Medical Center and a host of operatives and lobbyists inside Madigan’s political orbit.
That subpoena sought “any and all contracts, agreements, letters of engagement and correspondence related to the retention, hiring or engagement of any person to provide services, including lobbying, consulting or other services to AT&T of Illinois of any of its parents, subsidiaries or affiliated business entities.”
* In other news, Judge Leinenweber took some action today. Here’s Crain’s..
Former Commonwealth Edison CEO Anne Pramaggiore and three other defendants will face trial after a federal judge today rejected their motions to dismiss the charges.
U.S. District Judge Harry Leinenweber ruled against several motions aimed at undermining the feds’ charges that the four had participated in ComEd’s admitted scheme to curry favor with former House Speaker Michael Madigan in order to win lucrative state laws over nearly 10 years. […]
They did win one concession from the judge. He agreed that prosecutors should give them more specifics on acts and statements that comprise its conspiracy charge. In addition, he put off ruling on defendants’ demand that prosecutors remove reference in their indictment to actual passage of the laws that ComEd and Exelon supported and which were the alleged focus of the scheme.
A bill of particulars is appropriate when the indictment fails to sufficiently apprise the defendant of the offending conduct, and additional information is needed in order for the defendant to be on notice prior to trial. […]
The Court finds less specificity in the conspiracy count. The Government has not provided any notice as to the nature of the false statements for the ongoing, eight-year scheme alleged in Count One. For a complex eight-year conspiracy at a public company, alleging general concealment and false statements, even with some identified example documents, does not allow Defendants to prepare for trial. The Indictment sets these false statements in general terms, alleging Defendants “created and caused the creation of false contracts, invoices and other books and records to disguise the true nature of certain of the payments and to circumvent internal controls.” (Indict. ¶ 3.) Because “[t]here is a good chance that the government will offer at trial false statements and bad acts that are within the scope of one or more of these general allegations,” the Court grants Defendants’ Motion for Particularization as to the false statements requested for Count One.
Finally, Defendants move to remove the surplusage in the indictment under Federal Rule of Criminal Procedure 7(d). Defendants argue that the paragraphs describing the favorable legislation passed in the State of Illinois legislature is too attenuated to the rest of the indictment and may be prejudicial to the jury. The Court finds the Motion to be premature prior to the Government’s presentation of its case-in-chief. The Court denies the Motion, but Defendants may renew it prior to the jury receiving a copy of the Indictment.
* But the very, very bad news for the defendants and for folks who may be acting in the gray area, was in the denial of motions to dismiss…
Defendants take Sun-Diamond’s requirement on specificity and uses it to argue there must be a completeness of understanding between Public Official A and Defendants.
However, the plain text of the statute demonstrates there does not have to be proof that the agent of local government received the illegal gratuity with requisite intent, only that the person attempting to provide the illegal gratuity ‘corruptly gives, offers, or agrees to give’ a thing of value. (”It was not necessary for the government to prove as to these counts that [the legislator] actually received the bribes”). Defendants mistake these components of the law as having interchangeable standards. They do not.
From one of the smartest lawyers I’ve ever known…
His interpretation of 666 means you don’t have to have a quid pro quo. The member doesn’t have to get something specifically. The mere thought someone would do something that could be beneficial, if done so with corrupt motive, would be criminal. If two lobbyists discuss ways to “persuade” a member, that could be illegal. The member doesn’t need to even know about it. Doesn’t have to be tied to a bill. Doesn’t have to be tied to any act.
* The Illinois House just voted to remove Republican Reps. Sosnowski, McCombie, Wilhour, Halbrook, Niemerg, Welter, Friess, Miller and Chesney from the chamber for refusing to wear face masks during session. The refusal is a violation of House rules…
Most House Republicans then walked out of the chamber with their evicted colleagues.
Republican Leader Jim Durkin says the HGOP will accept the consequences if his members are kicked out, but calls for hearings to examine the Governor’s pandemic restrictions. pic.twitter.com/YNsLkbw51c
So much for Leader Durkin’s pledge to accept the consequences of the vote. Sheesh.
…Adding… Republicans requested a caucus. Democrats will also caucus. The House is now in recess for approximately one hour.
…Adding… There’s a roll call coming up. Stay tuned…
The House is back in session. Rep. McCombie remains maskless on the floor in defiance of the order for her to leave. It appears the House Speaker has decided not to physically remove her. Unclear yet if she’ll be allowed to vote while in violation of House rules. pic.twitter.com/tAdT50xmXQ
Later in the day, attorney Thomas DeVore, who has a temporary restraining order against the governor’s mask mandates in schools, filed suit against House Speaker Emanual “Chris” Welch, D-Hillside, in Bond County Circuit Court. The lawsuit, DeVore said, is on behalf of his state Rep. Blaine Whilhour, R-Beecher City, and himself as an individual.
“Speaker Welch has no authority whatsoever to place quarantine measures on the peoples’ representatives to keep them out of that chamber,” DeVore told The Center Square. “It doesn’t even make any sense.” […]
“They’re gonna say ‘you put a mask on or we’re going to exclude you from a foundational principle of representing your constituents,’” DeVore said. “They’re playing those games and completely eradicated [McCombie’s] district from the process. There’s no way the courts are going to stand for that.”
On the heels of her husband’s historic election as Speaker of the Illinois House of Representatives, Attorney ShawnTe Raines-Welch has announced her intention to fill the vacant 4th Subcircuit Judgeship.
“I am on an incredible mission to serve the people of my community and my district,” said Raines-Welch, who has spent nearly a decade as an attorney litigating civil rights, labor, and employment law matters. She also serves on numerous boards and volunteers across the 7th District. “My ties to the 4th Subcircuit are deeply rooted. I grew up here. I am still here, and I am seeking to bring diversity and a committed focus to the judge’s seat as the first African-American and first female to serve.”
Raines-Welch specializes in legal work for municipal governments, including cities, school districts, park districts, and other local taxpayer-funded public bodies at an established municipal law firm. She has defended police officers in frivolous civil rights cases and represents local school districts.
A 2009 graduate of the John Marshall Law School, Raines-Welch began her legal career as a plaintiff’s attorney handling personal injury claims involving auto accidents, premise liability, FELA claims, and other general torts.
Her experience covers many aspects representing both plaintiffs and defendants and all aspects of courtroom litigation. When questioned about her husband, Emanuel Chris Welch’s support of her campaign, she says she is fortunate to have her family and community’s backing.
“I know that my husband’s name will be evoked in this election many times. It’s the challenge of having a high-profile family and husband. It’s the challenge of professional women everywhere. The way I see it, Chris is creating his imprint on history, but it in no way vanishes mine. I believe in justice–using laws to fairly judge and determine consequences especially in black and brown communities. I also believe in inclusion– the practice of providing equal access to opportunities and resources to all. My work is my own, and I look forward to making a difference for my children and all of the families in the 4th Subcircuit.”
Raines-Welch is married to Emanuel Chris Welch, the Speaker of the Illinois House, and they have two children, Tyler and Marley.
Raines-Welch is running for a vacancy in the 4th Judicial Subcircuit of Cook County, filling the vacancy left by Patrick Rogers. The 4th Subcircuit includes 37 municipalities, including Bridgeview, Oak Lawn, Palos Heights, Lyons, and Willow Springs in the all of Lyons, Riverside and Stickney Townships, and portions of Leyden (western half), Palos (northeastern half), Proviso (west and South half), and Worth (northwest half) townships. Raines-Welch will hold her kick-off fundraiser on March 9th, 2022. To learn more, visit https://raineswelchforjudge.com/.
A pack of progressive candidates have crashed this year’s Democratic primaries, hoping to unseat incumbents and push the party to the left. Rep. Hakeem Jeffries (D-N.Y.), the fifth-ranking Democrat in the House, has other plans.
Jeffries and two of his House Democrat allies on Wednesday rolled out the first slate of endorsements from Team Blue PAC, a political action committee intended to protect incumbents from intraparty attacks. The endorsements and their attendant $5,000 campaign contributions are the strongest demonstration of support yet from Jeffries and his allies — and serve as a warning shot to primary challengers seeking to unseat incumbents as Democrats fight to hold onto their fragile majorities. […]
The lawmakers united in an effort to provide resources to the increasing number of House Democrats who face primary challenges — in particular, from the left. That circumstance faces the five incumbents who received endorsements on Wednesday: Reps. Shontel Brown (D-Ohio), Danny Davis (D-Ill.), Carolyn Maloney (D-N.Y.), Donald Payne Jr. (D-N.J.), and Dina Titus (D-Nev.). Davis and Maloney face opponents backed by Justice Democrats […]
“Democratic leadership should be spending every dime of our party’s resources on helping frontline incumbents in swing districts and protecting our majority instead of coming into a deep-blue district that is clamoring for new leadership,” says Kina Collins, who’s challenging Davis.
$5K ain’t much. Just sayin…
* DGA…
GOP Megadonors Take Opposing Sides, Escalating IL GOP Infighting
Far-right megadonor Richard Uihlein donated $1 million to Darren Bailey’s GOP primary campaign yesterday, just days after Ken Griffin confirmed he’d bankroll Richard Irvin at the top of his Rauner Reboot ticket.
Uihlein’s involvement fulfills the Chicago Tribune’s warning that Griffin’s backing of Irvin was “opening the door to further divisions within the state GOP.”
With the two megadonors taking opposite sides, Bailey and Irvin are set on a collision course that’s sure to escalate the already nasty GOP primary infighting. “Backing Bailey will put them at odds with Illinois’ richest billionaire, Ken Griffin,” wrote FOX 32.
Bailey has already slammed Irvin for not knowing his Republican talking points well enough, alluding to his flip-flopping on issues like abortion and supporting Gov. JB Pritzker.
Uihlein and Griffin both gave millions to Republican Gov. Bruce Rauner as he decimated social services and tanked Illinois’ finances — and now they’re each hoping their chosen candidate will help drag Illinois backward.
The Uihleins’ non-profit has spent millions funding Big Lie candidates and bankrolling “right-wing extremist organizations, including ones designated as hate groups.”
It’s no surprise that Uihlein is now backing Bailey, who won’t answer whether he thinks the 2020 election results were valid. Last week, he refused to answer a reporter’s questions about the January 6th insurrection and whether he would accept the results of this year’s election.
“Richard Uihlein and Ken Griffin may be torn on which empty suit will best carry out their far-right agenda — but one thing they can agree on is wanting to undo Illinois’ progress,” said DGA Senior Communications Advisor Christina Amestoy. “As Darren Bailey and Richard Irvin spout their donors’ talking points, they’ll have to duke it out with each other and the rest of the crowded field to win over a deeply divided base.”
* From Lynn Sweet…
On the Thursday “At the Table,” the Sun-Times political show I co-host with Laura Washington, we’ll be talking about Biden’s upcoming Supreme Court pick with author and CNN host and legal analyst Laura Coates, out with a new book, “Just Pursuits,
plus former Gov. Jim Edgar and WBEZ’s Dave McKinney. At 6:30 p.m. Chicago time. One click link to watch:
*** UPDATE *** This could be important in the Republican primary against Rep. Mary Miller (R-No Relation)…
Farmer trustees representing county Farm Bureaus in the 15th Congressional District are endorsing U.S. Representative Rodney Davis for re-election.
County Farm Bureau leaders meeting as trustees for Illinois Farm Bureau ACTIVATOR® – the organization’s political action committee – unanimously endorsed Rep. Davis for his outstanding voting record and many other efforts in the 117th Congress on behalf of farmers in his district.
Congressman Davis has been a true friend of agriculture while serving in Congress. He continues to lead efforts on behalf of Illinois Farm Bureau to improve the lives of Illinois Farm Bureau members. Rep. Davis serves on the Subcommittee of Biotechnology, Horticulture and Research and the Subcommittee on Commodity Exchanges, Energy and Credit.
15th District ACTIVATOR® chairman Terry Ferguson said, “our trustees are proud to announce Rep. Rodney Davis will receive the Illinois Farm Bureau ACTIVATOR® endorsement. He has been a leading advocate for Illinois farmers. Not only has he been a voice for us on the two most recent Farm Bill conference committees, but over the years Rep. Davis has brought many agriculture leaders to the district to hear directly from us.
Rising input costs, supply chain crises and opportunities to expand the biofuels market are areas that need to be addressed. We are confident Rep. Davis is a fighter that will get the job done. Voters in the 15th congressional district should choose Rodney Davis.”
The endorsement by Illinois Farm Bureau ACTIVATOR® places Congressman Davis in a group of select individuals in the state. They understand the leading role Illinois agriculture plays in the global marketplace and the far-reaching benefits of its products. It proves he recognizes that agriculture’s benefits go beyond the vital function of feeding Illinois, the nation, and the world.
Are units at Pontiac prison going to be closed, maybe taking jobs with them? The governor’s office said it’s only in discussion. […]
(A) spokeswoman for the governor said the document was “a draft plan” assembled for discussion within the agency.
“It was not presented to the Governor’s Office for final approval because it is a draft that is expected to be updated after more discussions,” Press Secretary Jordan Abudayyeh said in a statement. “The Department is always interested in considering new ideas to better serve their population and this draft plan is an attempt to spur discussion about ways to improve services.”
[IDOC chief of staff Camille Lindsay] said in an email the department has not started moving people in order to reduce the populations in these facilities.
That claim was disputed by a representative from AFSCME Council 31 – the union that represents IDOC officers.
“The department began moving offenders out of Pontiac last week with no advance notice to the union, the employees or the individuals who were moved,” said Anders Lindall, public affairs director for AFSCME Council 31.
Lindall noted that the union subsequently received notice of IDOC’s intent to reduce populations at Vandalia and Pontiac with a target date of March 16 for the first phase with additional unit closures to be completed by the summer.
Some may consider it a bit of a moonshot, but a drive is under way in Springfield to make Illinois a competitor in the race to win new semiconductor chip factories.
At the behest of the Illinois Manufacturers’ Association, state Sen. Suzy Glowiak Hilton, D-Oakbrook Terrace, has introduced legislation to offer potentially huge tax credits to manufacturers who set up here, as opposed to going to Texas, California or any of the other usual-suspect states.
Hilton’s bill already has cleared the Senate Revenue Committee, and though it will have to return for some technical changes, the measure appears to have a pretty good head of steam.
Hilton said the bill is quite similar to a bill passed last year offering a wide range of employment, utility-tax and other credits to electric vehicle makers and suppliers. The measure, designed to boost the impact of automakers like Rivian that already are in the state, hasn’t yet paid dividends, but state officials say it should prove a success in months to come.
On Feb. 16, State Senator Sally Turner’s (R-Beason) legislation designed to provide additional privacy protections for victims of child sex crimes passed unanimously out of the Illinois Senate.
“This legislation will empower judges to grant additional privacy to victims of child sex crimes who chose to testify by allowing the judge to use their discretion to remove non-interested parties from the courtroom,” said Sen. Turner. “This will help ensure that these vulnerable victims are not forced to speak about one of the worst moments of their life in front of countless strangers.”
Senate Bill 2942 clarifies that a judge can use his or her discretion to clear disinterested parties, excluding media, from the courtroom during the victim’s testimony even if the victim is over 18 years of age as long as the crimes were committed while the victim was still a minor. To safeguard the constitutional rights of defendants, the judge must find that particular parties do not have a direct interest in the case and must put their basis for that finding into the record.
“I am pleased to see the Senate unanimously recognize the importance of providing as much privacy protection as reasonably possible to every victim testifying about their abuse as a child,” continued Sen. Turner. “I look forward to continuing to advocate for the victims of these horrendous crimes as this legislation moves through the process.”
While Senate Bill 2942 was in committee, Champaign County State’s Attorney Julia Rietz and McLean County State’s Attorney Don Knapp testified in support of the legislation and addressed its importance. The legislation now heads to the House for further consideration.
The courts in Illinois are allowed to operate largely outside the prying eyes of the press and public because the state’s Freedom of Information Act does not apply to them.
The judicial branch can deny access to the same sorts of records that other local and state government officials are legally obligated to release upon request.
But a bill introduced last month in Springfield would change that.
The bill’s sponsor is Democratic state Rep. Curtis Tarver II of Chicago.
He told WBEZ it was long past time to shine more sunlight on the inner workings of court systems across Illinois.
A measure to make the capitol complex more accessible for visitors with disabilities clears an important hurdle thanks to State Senator Robert Peters (D-Chicago).
“The Capitol grounds belong to all of the people,'’ said Peters. “Everyone, regardless of ability, should be able to freely move about the Capitol and be able to navigate their way through our public spaces.”
Senate Bill 0180 requires the Speaker of the House and the President of the Senate to each appoint an accessibility coordinator to work in consultation with the Architect of the Capitol to address accessibility needs for each chamber.
The measure also creates the General Assembly Accessibility Task Force, which will include members appointed by each legislative leader and a chair jointly appointed by the Speaker and the President. Other appointees would include individuals with a disability or advocates for people with disabilities. The task force shall examine issues concerning accessibility of the General Assembly to persons with a disability. The task force must submit a report of their recommendations to the General Assembly by Dec. 31, 2023.
“This task force will address a critical lack of inclusion in the very center of democracy in this state,” Peters said. “I hope that after the task force completes its recommendations, that we are able to make our capitol grounds more accessible to all.”
The measure passed the Senate Executive committee on Wednesday.
* Senate Resolution 633 is entitled “CVS Awareness Day.” But if you read the resolution’s synopsis you might think Walgreen’s is actually behind the proposal to help wreck its top competitor’s brand. Yuck. /s
A bill that would allow Chicago Public Schools principals to unionize is advancing in Springfield, though obstacles remain a year after a similar effort stalled.
Chicago principals have long complained they don’t have a voice in their working conditions or district policies, but a school administrators union has never existed in the city because state law hasn’t allowed one.
House Bill 5107 would change that, amending the Illinois School Code and the Illinois Educational Labor Relations Act to make principals, who are supervisors, eligible for collective bargaining exclusively in Chicago. […]
The bill, sponsored by State Rep. William Davis, D-Harvey, passed the House Labor and Commerce Committee by an 18-9 vote Wednesday to advance to the full House. A similar bill passed the House last year and made it out of a Senate committee but wasn’t called for a vote before the full Senate.
A bill that would bring equity to Chicago principals’ salaries and help CPS recruit and retain quality leadership for students has been blocked in the Illinois House of Representatives after misleading pressure from CPS lobbyists.
House Bill 5405, which was set to be called in committee today, was pulled from the agenda at the last minute after CPS lobbyists convinced leadership that the legislation would “preempt ongoing negotiations” with the Chicago Principals and Administrators Association.
“There are no ongoing negotiations, and there never were. That’s exactly why we need this state law to make sure that CPS gives school leaders fair compensation, and doesn’t undercut us behind closed doors,” said Troy LaRaviere, president of the Chicago Principals and Administrators Association. “Today’s maneuver makes it clear just how vulnerable Illinois and its leadership is to anti-union tactics from CPS, and ultimately students are hurt the most as CPS continues to lose school leaders year after year.” […]
CPS’s own data shows that one out of every two teachers is paid at a higher hourly rate than the principals who supervise them. This means that teachers who are interested in becoming assistant principals and later principals have to take a pay cut to do so while also giving up the 12 weeks off teachers have over the summer.
(a) The salary schedule for school administrators in the school district must be set so that:
(1) the average hourly rate of pay for an assistant principal is at least 7.5% greater than the average hourly rate of a regular teacher with more than 5 years of experience; and
(2) the average hourly rate of a principal is at least 22.5% greater than the average hourly rate of an assistant principal.
Illinois’ General Assembly is poised to be the next battleground in the fight over COVID-19 public health requirements in schools. Republican lawmakers have filed several bills about masking and vaccine mandates in schools that would limit decision-making by Gov. J.B. Pritzker, the state board of education, and the Illinois Department of Public Health.
HB 4083 by Rep. Adam Niemerg, would prevent the state board of education, local school districts, and schools from requiring school staff or students to wear masks. The Parental Medical Choice Act, HB 4149, sponsored by Rep. David Welter, would prevent the state or any local government or institution from requiring a child to receive a public health service.
HB 4575, sponsored by Rep. Deanne Mazzochi, would block the state board of education from revoking or removing a school district’s recognition, a tool the state board used at the beginning of the year to pressure districts into implementing the state’s mask mandate. Removing state recognition pulls state funding from schools and blocks students from participating in events sponsored by state athletic associations.
Several House Republican legislators have also signed onto the COVID-19 Religious Exemption Act, HB 4239, also sponsored by Niemerg, which would expand the definition of “religious exemption” and offer more loopholes for those who do not want to receive a COVID-19 vaccine.
It is unclear how far some of these bills will go in the legislature — some are still waiting to be assigned to committee. But the efforts have garnered considerable attention, with thousands of witness slips, and echo debates in school districts across the state and country, where COVID mitigations in schools are seeing pushback from parents and Republican lawmakers.
There’s little to nothing “unclear” about their respective fates. They’re all almost assuredly dead. The House’s committee deadline is tomorrow. Rep. Niemerg’s bills have been assigned to the House Executive Committee, where they will die. Rep. Mazzochi’s bill has no co-sponsors.
* Yesterday, Bailey told his Facebook audience that he and his people “weren’t allowed in the room” when Irvin spoke to the Illinois Sheriffs Association in Peoria, even though Bailey had spoken ahead of Irvin…
But can you imagine what the mayor of a sanctuary city, what the mayor of someone who has propped up and praised everything Governor Pritzker and Mayor Lightfoot have done, what the mayor of anyone who has indeed, pushed back on his police force, could you imagine what he could have possibly said to the Illinois Sheriffs Association?
Yet there are some sheriffs who have who have signed on to this slate, this slate of people who are running with Mayor Irvin. Friends, get that list. Find out if your people in your community, elected officials are on that list, and go talk to them and ask them what on earth are they thinking? And here’s what they’re going to tell you. They’re going to tell you well, he’s probably going to win because he’s got more money. That’s all they’re going to tell you. And that’s really all they probably care about is the money. Friends I’ve been telling you from day one, money is not going to win this election. Grass roots is going to win this election. We have the grassroots by the grace of God ever since I sued and won against JB Pritzker on July 2nd of 2020, ever since I stood up against the mask mandate, and got kicked out of General Assembly in August of 2020, the grassroots movement has been building because I and others have been standing for you since day one. People understand that. So that’s why we have over 100,000 followers on our Facebook page, continue to share and push out and get people to come along and join our group. That’s why we have over now well over 10,000 active workers throughout the state people out distributing signs, setting up meet and greets, gathering petitions.
— Richard Irvin & Avery Bourne For Illinois (@IrvinBourne4IL) February 17, 2022
* But this was more serious…
The Richard Irvin for Illinois Campaign today is calling on J.B. Pritzker to disclose the actual recommendation he received from the Prisoner Review Board (PRB) in a case where the governor pardoned a convicted arsonist with Democratic political connections, clearing the path for the arsonist to become a fire chief.
“The governor owes an explanation to every firefighter, first responder and family in Illinois as to why he would clear the path for an arsonist to become a fire chief because it defies all logic,” said Irvin Spokesperson Eleni Demertzis. “Given the arsonist’s Democratic political connections, the governor should immediately release the recommendation he received from the Prisoner Review Board.”
Under statute, the Illinois Prisoner Review Board is not allowed to publicly disclose their recommendations to the governor, however, the statute imposes no such restrictions on the governor.
The Governor’s Office had no problem releasing the full PRB file to The Capitol Fax Blog yesterday, so there is no reason the governor cannot release the recommendation of the board.
The PRB recommendations are confidential, and always have been.
* I told subscribers about this earlier today. Press release…
Statement from Illinois Secretary of State Jesse White
Endorsing Anna Valencia for Secretary of State
It is an honor and a privilege to serve as Illinois Secretary of State and I thank the people of Illinois for entrusting me with the opportunity to serve them for an unprecedented six terms. I am proud of what we have accomplished during the past 23-plus years. Through our efforts, we have made Illinois roads safer, improved customer service and cleaned up an office that had been under a cloud of controversy and corruption prior to my tenure.
Since announcing I would not seek another term, I have been frequently asked who I would support as the next Secretary of State. It was important to me that such a person would be committed to good government and public service, that they would take on the job and the responsibility that goes with it, and that they would have the credentials and character that the people of Illinois richly deserve representing them in such an important office.
The Democratic Party is fortunate to have three strong candidates running for this office. However, I believe, one candidate stands out above the rest.
That’s why I am proud to announce my endorsement of Anna Valencia for Secretary of State.
I have known Anna for many years. I am impressed by her energy, commitment to public service and her dedication to getting the job done. As Chicago City Clerk, she has successfully modernized the office and made day-to-day customer service a number one priority. She has the ability and understanding to deliver important services to the public in a consistent, organized and effective manner.
Anna’s personal history gives her a unique ability to relate to Illinoisans of all backgrounds and regions. She grew up in a strong family with a commitment to the Labor movement and they continue to share the values of helping working men and women and improving society for all.
Like me, she comes from the Metro East region – a downstate area across the Mississippi River from St. Louis. Anna currently makes her home in Chicago.
Anna is an excellent fit as Secretary of State. She will be a champion of road safety, working to build on our record of saving teen lives and combating drunk driving. She will be a strong advocate for good government and enhanced customer service—keeping up with rapidly changing needs and technologies.
And as it was in 1998, this year’s election for Secretary of State will also be historic.
I made history as the first African American to be elected Secretary of State. And Anna will make history as the first woman and first Latina to be elected Secretary of State.
I believe in my heart that Anna Valencia will be an outstanding Secretary of State and I am deeply proud to offer her my unwavering endorsement.
It goes without saying that this puts her squarely in the game.
Secretary of State candidate Anna Valencia released the following statement today after Secretary of State Jesse White endorsed her to succeed him:
“I am humbled and honored that Secretary White has endorsed me to carry on his legacy for the people of Illinois. He made history as our first Black Secretary of State, and I look forward to earning the votes of Illinoisans to make history as the first woman and first woman of color to hold the office. Secretary White is admired, respected and beloved in every corner of Illinois because he consistently shows up and delivers for all communities. I plan to build on his legacy by bringing my experience to the Secretary of State’s office to keep making government more accessible, innovative and open. I am grateful that Secretary White is putting his faith in me, and I will never stop fighting for working class families, women, communities of color and immigrants who need a champion in their elected leaders. I am ready to carry on the torch that Secretary White is passing on to me.”
…Adding… Ald. Moore…
While I am disappointed that Illinois Secretary of State Jesse White chose to endorse one of my opponents in the race to replace him, it is not a surprise. Secretary White has a long history with Senator Dick Durbin and his pick comes out of the organizations of both elected officials.
Again, I am the only candidate in the race who helped circulate petitions for White in his first run for secretary of state in 1997. I believed he was the best person to change the perception of the office from a political steppingstone marred in scandal and corruption to one of customer service and integrity.
I will continue to travel the state to touch as many Illinoisans as possible to share my vision for how to build on the foundation White has put in place during his tenure and how to modernize and improve the secretary of state’s office for the future.
I asked if he was canceling tonight’s fundraiser, and will let you know if I hear back.
…Adding… Sen. Durbin…
“Secretary of State Jesse White’s endorsement of Anna Valencia to be the first woman to hold this statewide office is a game changer. White not only has been our most effective Secretary of State, he is hands down the most popular Democratic statewide official in modern history.”
“I am happy to join him and my colleague Tammy Duckworth in supporting Anna’s campaign to be our first woman Secretary of State.”
…Adding… Alexi Giannoulias campaign…
We’re proud of the more than 200 endorsements Alexi’s campaign has received from elected officials, Democratic groups and organized labor – including SEIU, which has more than 2,500 employees in the Secretary of State’s office, the Cook County Democratic Party and Southern Illinois Democratic County Chairs’ Association. Alexi’s broad-based, grassroots organization is a clear signal that his message of modernizing the office to reduce long lines and wait times, protect voter rights and increase opportunities to register and to reimagine libraries to increase access and equity is resonating with Illinois voters.
…Adding… Media advisory…
One day after Secretary of State Jesse White offered his “unwavering” endorsement of Secretary of State candidate Anna Valencia, Secretary White and Valencia will campaign together TOMORROW, February 18 at 11am CST at Manny’s Deli. After greeting voters, they will hold a media availability.
WHO:
Secretary of State Jesse White
Secretary of State candidate Anna Valencia
WHAT:
Campaign stop and media availability
WHEN:
TOMORROW, February 18th
11am CST
WHERE:
Manny’s Deli
1141 S Jefferson Street
Chicago, IL 60607
…Adding… Sen. Duckworth…
As the first statewide elected official to endorse Anna Valencia’s campaign to be the first woman elected as Illinois Secretary of State, I’m thrilled that our current Secretary of State—who knows better than anyone the kind of grit and work ethic needed to serve in this critical role—sees what I’ve always seen in her too. Jesse White has been one of our state’s best and most effective leaders for decades, and he knows what I know: Anna Valencia is the best candidate in this race, and she will be a fantastic Secretary of State for all Illinoisans when she is elected.
…Adding… From Ald. Moore’s spokesperson…
Thank you for sending the state statute. Currently, David Moore is an announced candidate for Illinois secretary of state. Until petitions are filed and the candidate’s name makes the ballot, he is not an official candidate. Also, David’s birthday fundraiser was planned a year ago. He’s held a birthday fundraiser for the last 10 years. So, he does not plan to cancel it.
“Candidate” means a person who has filed nominating papers or petitions for nomination or election to an elected State office, or who has been appointed to fill a vacancy in nomination, and who remains eligible for placement on the ballot at either a general primary election or general election.
* As we’ve already discussed, the 4th District Appellate Court asked both sides to explain how the appeal of the school mask/vax/test mandates decision is impacted by yesterday’s JCAR action. I’ll post the plaintiffs’ response when I get it. Here’s some of the state’s argument for why the appeals court should continue to hear the case…
JCAR’s action on February 15 does not substantially affect the pending appeals. Plaintiffs primarily challenge the legality and enforceability of the EOs issued by the Governor. The EOs require masking in school buildings, temporary exclusion of students and staff exposed to Covid-19, and the submission of weekly Covid-19 tests by unvaccinated staff working on school premises. The EOs were temporarily enjoined as to certain students and teachers through the circuit court’s TRO. Because JCAR’s action related only to the IDPH renewed Emergency Rule, it does not affect the EOs. The validity, legality, and enforceability of the EOs continues to present a live case or controversy. […]
Thus, regardless of the validity or invalidity of the IDPH Emergency Rule and regardless of JCAR’s action on February 15, this court should decide the consolidated appeals from the TRO and determine the enforceability of the EOs. And for the reasons stated in State defendants’ memoranda — the circuit court’s departure from the status quo, plaintiffs’ unlikelihood of success on the merits, their failure to establish irreparable harm, and the circuit court’s abuse of discretion in balancing the harms — this court should reverse and vacate the TRO. […]
Separately, the appeal in Allen remains unaffected by JCAR’s action for two additional reasons. First, a school district party seeks to vacate the TRO in Allen because the circuit court improperly denied that party’s motion for substitution of judge as a matter of right. Because any order entered after the wrongful denial of an SOJ is void, this court should vacate the TRO in Allen, and remand Allen to the circuit court with instructions to grant the SOJ. Second, the appeal in Allen is unaffected by JCAR’s action because Allen is brought by school employees challenging their conditions of employment. As such, the Allen plaintiffs have an adequate remedy at law in the form of money damages and back pay, precluding entry of the TRO.
For all of these reasons, the validity, legality, and enforceability of the EOs continues to present a live case or controversy between the parties, regardless of JCAR’s action.
One portion of the TRO, however, is impacted by JCAR’s action — the portion of the circuit court’s TRO opinion declaring the IDPH Emergency Rule null and void. Because of JCAR’s action, IDPH’s Emergency Rule is no longer in effect. As a result, the portion of the TRO enjoining enforcement of that Emergency Rule is moot. But this court should address the merits of that portion of the TRO under the public interest exception to mootness. That exception applies when three criteria are met: “(1) the question presented is of a public nature; (2) an authoritative determination of the question is desirable for the future guidance of public officers; and (3) the question is likely to recur.” Each of these criteria is met here.
The question presented by the circuit court’s declaration that IDPH’s Emergency Rule is null and void is undoubtedly of a public nature, as that declaration affects State defendants’ ability to combat Covid-19 in schools and risks spreading Covid-19 among students, school personnel, and their communities. It also disrupts in-person learning in the middle of the school year, forcing parents and schools to make difficult choices about continuing in- person learning or risking the health of their children, students, personnel, and other community members. n authoritative determination of the IDPH Emergency Rule’s validity also will guide public officers, as it will clarify whether the Covid-19 pandemic constitutes an “emergency” sufficient to justify emergency rulemaking, as well as the level of deference that courts should afford to an agency’s finding that a public health crisis constitutes an emergency. And this question is likely to recur, as IDPH has the authority to promulgate multiple emergency rules and may reissue the Emergency Rule. See 5 ILCS 5-45(c)(iii) (stating that the “limitation on the number of emergency rules that may be adopted in a 24-month period does not apply to” IDPH rules “when necessary to protect the public’s health”).
Now that JCAR has refused to extend the IDPH emergency rule, which the State Defendants were relying upon as a crux argument in this appeal, the legislature has rendered it unnecessary for this Court to determine at this stage whether Judge Grischow abused her discretion in finding the Plaintiffs had raised a fair question that the IDPH rule was invalid. While the question of the legality of the actions by IDPH overall may in fact return to this Court on a final ruling in the future, that is a separate issue, but as it relates to this interlocutory appeal, the State Defendants can no longer rely upon the authority of an emergency rule that JCAR unanimously chose to suspend. The State Defendants are left with only one argument at this interlocutory stage, and that is did Judge Grischow abuse her discretion in finding the Plaintiffs have raised a fair question in regard to the Governor not having any authority under the Illinois Constitution, or the IEMAA, to independently promulgate and enforce quarantine, vaccination and testing of our citizens, without providing a shred of due process, to allegedly prevent the spread of an infectious disease. […]
As the parties all concur, this Court should review the trial court’s granting of the temporary restraining order at issue here for an abuse of discretion. An abuse of discretion will be found only where the court’s ruling is arbitrary, fanciful, unreasonable, or where or where no reasonable person would take the view adopted by the trial court. Abuse of discretion means clearly against logic; the question is not whether the appellate court agrees with the trial court, but whether the trial court acted arbitrarily, without employing conscientious judgment or whether, considering all the circumstances, the court acted unreasonably and ignored recognized principles of law, which resulted in substantial prejudice.
The JCAR ruling has vitiated a significant part of the State Defendants argument. Should this Court listen to the JCAR audio, it was clear this legislative body was giving due respect and deference to Judge Grischow’s ruling, and in fact committee members scolded the IDPH representative for continuing to pursue re-issuance of a rule which Judge Grischow had found to be invalid. This legislative committee showed the proper respect to our judiciary that the executive agency was not. As for this Court, the question for today is what is left for it to decide given the actions by JCAR. It is the position of the Plaintiffs that the only matter left to review is whether Judge Grischow abused her discretion when she found Plaintiffs have raised a likelihood of success in showing a fair question exists that the IDPHA applies in regard to matters of quarantine, vaccination or testing, and exclusion from school, and that neither the Governor under some inherent Constitutional authority, or under some delegated authority under the IEMAA can authorize quarantine, vaccination or testing, and exclusion from school and disregard the due process protections of Plaintiffs. Also, this Court is left to decide those same questions as it relates to any inherent authority of the school districts. As to both of these questions, the Plaintiffs argue Judge Grischow has not abused her discretion, her restraining order should be affirmed, and the matter sent back to proceed to a final ruling on the merits off all of the pending matters.
…Adding… Another plaintiffs attorney, William Gerber, was also invited to file. Click here.
The Illinois Manufacturers’ Association (IMA) is backing legislation that would make permanent and modernize a tax credit that incentivizes manufacturers and other companies to invest in research and development projects in Illinois.
“Illinois manufacturers are constantly striving to bring new and better products to market. From innovative medical treatments to unique food products and advanced technology and machinery, manufacturers produce a variety of goods that we rely on,” said Mark Denzler, president & CEO of the Illinois Manufacturers’ Association. “By modernizing and making permanent the Research and Development Tax Credit, Illinois will be encouraging manufacturers who invest in our communities by launching product studies, researching new technologies and processes, and testing groundbreaking products right here at home. We look forward to working with lawmakers to pass this important measure.”
The legislation increases the Research and Development Tax Credit by providing that the increase in research and development activities shall be based on an increase over 50% of the average of the qualifying expenditures for each year in the base period. Currently, the credit is based on an increase over 100 percent of the average of the qualifying expenditures for each year in the base period. This change modernizes the bill to match changes to the Research and Development Tax Credit at the federal level. Additionally, the bill makes the credit permanent moving forward. The Senate version of the legislation, SB 3453, is scheduled to be heard in the Senate Revenue Committee this afternoon.
“Illinois has a strong manufacturing sector, and Senate Bill 3453 offers opportunities for these businesses to grow, thrive, and reach new heights” said State Senator Donald DeWitte (R-St. Charles). “By incentivizing our manufacturers to invest further in Illinois, we encourage our business leaders to create, invent and expand their businesses, which leads to more jobs. It also makes our manufacturers more competitive in an ever-changing global economy.”
According to the Organization for Economic Cooperation and Development, manufacturers are the nation’s largest investors in research and development, making up roughly two-thirds of private-sector research and development spending in 2018. However, the U.S. global share of research and development spending dropped from 39.8% to 29.9% in the last two decades, while China’s share of global research and development spending rose from 4.9% to 23.9%. This disparity underlines the importance of supporting policies to invest in American manufacturing, particularly as the pandemic laid bare global supply chain issues that impact our state and nation’s ability to respond in times of crisis.
The governor likes to say that businesses want predictability. Well, the sunsets on the R&D tax credit do way more harm than good. It was one of those Madigan things that truly needs to end.
Illinois college students may have one less expense in their budgets later this year.
A bill making its way through the Senate would require public colleges in Illinois to rent books and course materials to in-state students at no cost.
Sen. Scott Bennett (D-Champaign) wants to encourage students to stay in Illinois not just for college, but to settle down in the state after graduation. Bennett chairs the Senate Higher Education committee. […]
The bill passed the committee 11-1 on Feb. 9th, with Sen. Omar Aquino (D-Chicago) being the lone no vote.
Once again, the Illinois General Assembly is faced with legislation to eliminate public notices from newspapers. This time, however, the proposed legislation makes additional changes to the status quo.
The Illinois Press Association has prepared a position paper, which it will circulate to the members of the General Assembly. You can view the full position paper here or read the full text below.
This year’s effort seems to be generated by the Illinois Municipal League, given that this legislation requires posting of notices on a website under the control of Illinois municipalities (but excluding Chicago).
Why the Municipal League, which objects to every effort to impose “unfunded mandates” on local governments, would attempt to impose on its own members this unfunded mandate of the creation and maintenance of a public notice website, is not explained.
Even more curious is why the IML would support the creation of this new mandate on local governments, when the Illinois Press Association has successfully managed a public notice website, specifically at no additional cost to local governments, for more than a decade.
The legislation also eliminates the requirement that public notices from any other public body must be published on a website, eliminating that requirement for transparency that has been in place for a decade. Again, there is no explanation supporting the elimination of that requirement.
In 2019, I passed a law capping copays for insulin at $100 a month. But state laws can only cover certain types of insurance, so it only affected around 15% of Illinoisans. And we know $100 a month is still too much.
It’s time to do better. We need to lower that copay, and we also need to provide alternatives for the 85% of people who aren’t covered by the cap.
That’s why I’ve introduced House Bill 5300, the Insulin for All Act. The bill will allow for any person with diabetes who’s running out of insulin to walk into a pharmacy and get an emergency 30-day supply at a minimal cost. It requires manufacturers to create patient assistance programs that offer low-cost insulin to eligible patients. It will leverage the state’s bargaining power to offer a negotiated price on insulin for any person with diabetes who can’t get it cheaper elsewhere. And it lowers that copay cap to $35 a month.
The past two years have been a vivid reminder that pharmaceutical research can produce incredible results, as with the COVID-19 vaccines. But no matter how great they are, drugs don’t work if people can’t afford them.
…Adding… Press release…
Youth in the care of the Department of Children and Family Services are one step closer to receiving the financial resources they need to be ready for adulthood thanks to a measure championed by State Senator Robert Peters (D-Chicago).
“I’m pleased that we are one step closer to ensuring that the state will be proactive at helping youth in care build a strong future during their final years of care,” Peters said. “We need to do all we can to ensure that they have access to a financial head start before they have to live on their own.”
Senate Bill 3470 would require DCFS to save or invest a minimum percentage of a youth’s benefits once they reach the age of 14. This will ensure that when DCFS no longer serves as the financial representative of the youth, they will have some money to help them transition into a successful adult life.
The minimum percentages that DCFS will be required to invest are:
● 40% for youth between the ages of 14-15
● 80% for youth between the ages of 16-17
● 100% for youth between the ages of 18-20
Senate Bill 3470 would also require the DCFS to take defined actions when applying for and managing certain federal benefits that the department receives on behalf of any youth in care.
“State services should help empower youth and give them strong support to enter our society,” Peters said. “We should not be sending young people out into the world without the resources they need to live independently, and we must ensure that they are able to make the transition into adult life.”
(House Rule 51.5)
51.5. Decorum during the COVID-19 Disaster.
(a) On any day in which the House is in session during a disaster proclaimed by the Governor due to the COVID-19 virus, all members and officers of the General Assembly, majority and minority staff, and other persons when entitled to the House floor, galleries, and adjoining hallways and passages shall:
(1) to the extent medically able and except as reasonably necessary for eating or drinking, wear a face-covering that covers the nose and mouth;
(2) to the extent possible, maintain social distancing of at least six feet from any other person except as permitted by the other person; and
(3) have submitted to and passed a temperature check prior to entry. […]
(c) A violation of this Rule shall be considered a breach of decorum and disorderly behavior. … Notwithstanding any other provision of these Rules, including Rule 30(e) and Articles XI and XII, a Representative in violation of this Rule may be disciplined and subject to reprimand, censure, removal from the House chamber, or other disciplinary measure, except expulsion and imprisonment, upon a motion approved by a majority of those elected. Nothing in this subsection shall be construed to limit discipline pursuant to Article XI or XII of these Rules.
House rule 51.5 C is being arbitrarily enforced. That rule is being used to single out individual members of this body and therefore I ask you under Rule 51.5 (c) to remove from the House chamber all members of the House of Representatives who answered the quorum call today, February 16 2022. Under House rule 51.5 (a) (3) all members must have submitted to and pass a temperature check prior to entry on the House floor. No member who is on the House floor has taken and passed a temperature check prior to entering the House floor. Under House rule 51.5 the rule and his provision may not be suspended. As such all members are in violation of this rule.
Please pardon all transcription errors.
* After a very long pause, House Majority Leader Greg Harris eventually responded that the chamber would bring in people to perform temperature checks. Rep. Caulkins countered that the rule clearly states that members must have a temperature check before entering the House floor. Leader Harris replied…
We do not know who did or did not have a temperature check, complying with that rule coming into the chamber. So to be certain that we’re doing this accurately, we will be testing everyone in the chamber right now.
This post will likely be updated.
…Adding… The temperatures have now been checked of all members and staff and the chamber is now proceeding to other business.
…Adding… Rep. Lakesia Collins (D-Chicago) has made a motion to remove several members, including Reps. McLaughlin, Chesney, Niemerg, Miller, Halbrook and Caulkins from the chamber for not following the mask rule. During discussion, Rep. Butler asked about the social distancing rule (the reply was that it would be enforced if a member objects). Butler also asked if members would be tested if they left the chamber and then returned (the answer was no). The Republicans then requested a one-hour caucus. House is now in recess.
*** UPDATE *** The House came back and Rep. Collins was recognized, but she did not press her motion. The House is now adjourning.
The recently released executive budget proposal from Illinois’ governor highlights the state’s recent economic and fiscal progress and suggests the potential for further sustainable improvement to its credit profile. Like many states, Illinois has benefited significantly from the broad national economic recovery, as the governor’s proposal reflects in the form of revenue projections that are well ahead of pre-pandemic estimates.
Robust Revenue Growth — For Now
Positive general funds (GF) revenue momentum in fiscal years 2022 and 2023 is driven by a mix of one-time gains and economic growth. While estimates are ahead of November 2021 projections, the Governor’s Office of Management and Budget (GOMB) prudently projects a deceleration of growth in 2023, as one-time activity, particularly in corporate income taxes (CIT), rolls off while growth moderates from a breakneck 2021 pace.
One-Time Uses for Budget Surplus
Illinois’ governor recommends largely nonrecurring uses for the significant revenue surplus, including credit-positive efforts to rebuild fiscal resilience and reduce long-term liabilities. Tax and fee relief is structured as one-time, thereby mitigating near-term credit risk.
Federal Aid Allocations Continue
The fiscal 2023 budget and other actions in the current legislative session will likely allocate a significant influx of supplemental federal aid received by Illinois, as with other states.
Accounts Payable Progress Continues
The state’s once-substantial backlog of unpaid bills has been steadily reduced, with further improvement possible should the governor’s proposals be implemented. Stability in managing accounts payable will be another indicator of Illinois’ improved operating performance and fiscal management in recent years.
Fitch Ratings’ Positive Rating Outlook on Illinois’ ‘BBB–’ Issuer Default Rating reflects preservation of fiscal resilience through the height of the coronavirus pandemic coupled with the unwinding of certain nonrecurring fiscal measures. Continued operating performance improvement and structural balance, such as full repayment of interfund borrowings and continuing a more normal fiscal decision-making process, could support a return to the state’s pre-pandemic rating or higher. […]
Pension Liability Will Remain a Credit Challenge
The budget proposal adheres to the statutory requirement for annual pension system contributions that are sufficient for these systems to reach a 90% funded level by 2045, which Fitch considers inadequate to fully address the pension burden and a sign of structural budgetary imbalance.
CGFA estimates the state’s fiscal 2023 pension contributions under the 90% target will fall $4.1 billion short of actuarially determined contributions targeting 100% funding. Fitch anticipates pension liabilities and related contribution demands will grow over time if the state continues to underfund the systems. Importantly, yoy swings in market performance, such as the robust gains in fiscal 2021, can significantly shift reported metrics each year. Fitch’s analysis remains focused on long-term trends and expectations. […]
Temporary Tax Relief
The governor also recommends approximately $1.0 billion in one- time tax and fee relief, which Fitch considers neutral to Illinois’ near-term credit quality as nonrecurring uses. As with any temporary policy measures, the proposals come with some long- term risk if state leaders are politically compelled to either extend the measures or make them permanent. […]
Backlog of Outstanding Bills Diminished
Illinois’ accounts payable profile continues to improve, signaling the ongoing shift toward more normal and sustainable levels. Since a reported $16.7 billion high in November 2017 (or nearly half of GF revenues that year), GF accounts payable have declined considerably. […]
Federal Aid Decisions Likely […]
In his executive budget, the governor proposes using approximately $535 million of the remaining ARPA aid for nonrecurring uses, leaving an estimated $3.5 billion unallocated. Fitch will carefully assess the state’s plans for the remaining ARPA aid and anticipates it will be largely nonrecurring, thereby avoiding the creation of a fiscal cliff. […]
An Accelerated Budget Season
Legislative budgetary deliberations should begin in earnest in the coming weeks, with both chambers facing an abbreviated schedule that concludes on April 8. Fiscal decision-making deteriorated considerably in the state over the last decade, particularly during the 2015–2017 impasse, but has improved in recent years. Continuation of the recent pattern of more normalized fiscal decision-making, including on-time budgets that primarily address fiscal challenges with sustainable measures, could support positive rating action.
The executive order requiring masks [in schools] is still in place. School districts that aren’t part of the [Tom DeVore] lawsuit should follow the executive order. Everyone should feel comfortable wearing their masks to keep yourselves and your loved ones safe.
As for the JCAR action, we filed the rule as a procedural step to simply keep the status quo in place while the appellate court considers our appeal. The JCAR members preferred a different procedural route to suspend the rule while waiting for an appellate court ruling. I think we share the common view that we need to get a ruling. And either way the next step is to hear from the appellate court and go from there.
Please pardon all transcription errors.
* And, to be clear, it was the House Democrats on the equally divided committee who provided the votes to suspend the school mask/vax/test mandate emergency rule…
Democratic state Rep. Mike Halpin of Rock Island said he was voting to block the revised rule from taking effect because “we’re currently in a situation where the (temporary restraining order) says this rule is not enforceable.”
“It’s possible, if not probable, that this might change on appeal, but for now as we sit here, for that reason, I’ll vote” to block the rule, Halpin said.
Two other Democrats who voted with Republicans, Chicago Reps. Curtis Tarver and Frances Ann Hurley, gave the same reasoning. Democratic Sens. Bill Cunningham and Tony Muñoz, both of Chicago, voted “present.”
* Back to the governor. So, if the executive order is still in effect, he was asked, why even file emergency rules?…
Well, again, the order is in effect. We’re now trying to deal with an errant decision by a judge in one county, one particular judge, you know, it’s thrown everybody into a state of confusion. And we’re trying to get the appellate court to address it because it was wrongly decided.
He also said the judge’s decision “leaves out entirely a section of the law that she obviously either didn’t read or didn’t want to address.”
* Pritzker was also asked if he was worried about a rise of cases as schools make masks optional…
Look, I think that people of goodwill are trying to make good decisions for their community ,for the people who were in schools every day, whether they’re superintendents making those decisions, or school board members, or teachers and parents who are at the school every day often. And so, there’s in my view, from the very beginning I’ve been focused on trying to keep people healthy and safe in schools and outside of schools. Schools have been an unusual environment as you know, where five days a week, six to eight hours a day. People are interacting in the hallways running into each other. They’re in rooms together. Sometimes piled into rooms together. While we’ve had a global pandemic that has caused a lot of sickness and death.
I’d want to remind you all that we still have about 1500 people with COVID in the hospital today, that’s not near where we were when we removed masks last summer. One of the reasons that we set a date for removal of masks more broadly in indoor spaces on February 28 is we wanted to continue to see the decline of hospitalizations in our state. And we think we hope, just watching them you know they’re 150 fewer today, I think than yesterday. 200 plus, the day before fewer. So this is all good directionally and I’m pleased. But again, we have to be careful, the pandemic’s not over. This disease is still out there. We’re just all learning I think over the course of the last two years to make sure that we’re managing properly so that if another variant were to come, that we’re not so quick to have everybody removing their masks. And you saw this, delta was taking a dive, I think we were all very optimistic and then you can watch, look at the graphs of it. You saw it coming down and then you saw omicron taking us up again and these are all very big concerns. So waiting, watching and very hopeful for February 28.
…Adding… Oops. Meant to post this Pritzker comment about Republican critics and left it out…
There are an awful lot of views over there that people have had that are causing more sickness. They’re the ones who didn’t want masks in the first place in schools, who didn’t want any mitigations and thought that would be okay.
…Adding… To his point about declining hospitalizations…
Illinois has the fewest number of people in the hospital with COVID-19 since November 17.
In a report released [yesterday] by its staff, the Metropolitan Pier & Exposition Authority, generally known as McPier, said plans by bidders to use its Lakeside Center and truck marshaling yards to house a casino involve “critical strategic assets” in a highly competitive business.
Both potentially could be replaced, McPier CEO Larita Clark said in a follow-up interview. But the cost would be high: Building a new structure to replace Lakeside Center, the easternmost building in McCormick Place, would cost an estimated $900 million to $1.5 billion and take at least 72 months to complete, she said.
The report was less explicit about a third bid involving temporary use for a few years of McCormick Place’s north building. But agreeing to any of the proposals might require a change in state law because of legal limits on McPier’s authority, the report indicates. […]
Specifically at issue are a proposal from a team headed by Chicagoan Neil Bluhm’s Rush Street Gaming to convert Lakeside Center to a casino; a plan by Bally’s to use the truck yards just west of McCormick Place for its gambling complex, and the Hard Rock’s pitch to temporarily use the north building.
Lakeside Center “does not sit empty,” [Larita Clark, CEO of the Metropolitan Pier and Exposition Authority] said. Clark said it has 253 events scheduled through 2035, worth $13.8 billion in economic impact, besides housing mechanical systems serving the whole campus. “The reality is if we lost the Lakeside Center, we’d need to replace 600,000 square feet and all the critical infrastructure,” she said.
Clark reported that McCormick Place North was booked nearly to its maximum level in the years before the pandemic knocked out most convention business. The marshaling yards, she said, reduces truck congestion and helps exhibitors and contractors set up and take down items quickly. “In 2019, 35,000 trucks used the marshaling yards and their proximity to our campus is a competitive advantage,” Clark said.
Her remarks are a challenge to all but two of the casino bids. The only proposals that would not touch McCormick Place are a Bally’s bid for the Chicago Tribune’s Freedom Center printing site, 777 W. Chicago Ave., or one from Chicago magnate Neil Bluhm’s Rivers Casino that relies on 62 vacant acres southwest of Roosevelt Road and Clark Street.
To prevent loss of customers, the lost space of Lakeside Center will require that replacement space be fully operational before Lakeside is turned over to a developer. The estimated time would be approximately 72 months based on the West Building plan.
• Due to its location, the Lakeside Center must be used for the public good. The Public Trust Doctrine has been successfully used to block lakefront development in the past
Hard to see how a casino can be classified as a “public good.” But other hoops have been cleared in the past.
Some Bronzeville leaders are pushing back against the prospect of having the city’s first casino as a neighbor.
The city unveiled five potential casino sites in November. Four are clustered in the Near South Side, including one at the McCormick Place Marshalling Yards at 31st Street and DuSable Lake Shore Drive, near the old Michael Reese Hospital.
Ald. Sophia King (4th) long has opposed a casino anywhere on the South Side, previously saying it would be like “putting a casino in Harlem.” But King and others are particularly alarmed by the site that’s been proposed near the $3.8 billion Bronzeville Lakefront megadevelopment on the Michael Reese site — a project King has insisted would not include a casino.
The Bronzeville Lakefront project sits just south of McCormick Place and stretches from 26th to 31st streets between Lake Park Avenue and Martin Luther King Drive. It also includes the Prairie Shores homes near 29th Street and King Drive. […]
Christopher Jewett, Bally’s vice president for corporate development, said in a statement its proposal allows for a casino to be “fully integrated into the Bronzeville community development with pedestrian bridges and connectors, or it can be built as a destination, accessed only via public transit or vehicles.”
…Adding… Very good point in comments…
The most significant red flag for McCormick Place sites in this report might be the need for enabling legislation. I would think the last thing the mayor would want would be to pick a site for her casino and then have to go back to the General Assembly for approval.
Yep. Unless she has labor and business all lined up first.
The politics of masks in schools spilled onto the House floor Tuesday as at least five conservative Downstate Republicans entered the chamber with bare faces. After Democratic Rep. Natalie Manley of Joliet, who was presiding over the chamber, reiterated the existing House rule requiring members to wear masks, even when speaking into a microphone, she singled out Rep. Blaine Wilhour, who refused to wear a mask.
Wilhour, of Beecher City, called mask mandates “unwanted and unnecessary,” before he was cut off for not having been recognized to speak.
In a joint statement, the group said they “no longer comply with the mask theater that takes place here.”
“It’s over,” the legislators said. “It’s gone on long enough.”
* This is true for expulsion, but members can be removed from the chamber for violating the mask rule following a motion which receives at least 60 votes…
The House later adjourned without incident. Members not following House rules could face disorderly behavior and expelled with a two-thirds vote of the members.
* Anyway, to the headline…
Not sayin’ he’d do it, of course, but would it violate his constituents’ “due process rights” if Rep. Wilhour was removed from the House floor for not wearing any clothes?
Each house shall determine the rules of its proceedings
DeVore’s suit (unless he’s threatening something else) wouldn’t get very far.
…Adding… You may recall that someone else sued over some House and Senate rules governing access to the press box. From the United States Court of Appeals, Seventh Circuit…
The defendants’ decisions to deny press credentials to Reeder were inseparable from their core legislative activities. They were intimately related to the shared goal of the Illinois Senate and House to regulate access to the floors of the state House and Senate. The defendants are thus entitled to absolute legislative immunity from suit in this case, and we AFFIRM the judgment of the district court to this effect.
“Absolute legislative immunity.” End of story. DeVore must be talking about something else, or he’s ignorant, or both.
* I told subscribers a bit about this today, but here’s Politico…
Megadonor Richard Uihlein has donated $1 million to Republican Darren Bailey’s bid for governor yesterday, according to State Board of Elections filings. Uihlein and his wife, Liz, founded the Uline business supply empire just over the Illinois border in Wisconsin. They are among the biggest Republican donors in the country. The campaign contribution to Bailey comes on the heels of Ken Griffin donating $20 million to another GOP gubernatorial competitor, Richard Irvin, adding fuel for a competitive Republican race.
Uihlein has avoided making large contributions here since getting thumped hard in the 2018 cycle, including a high-dollar primary race against House Republican Leader Jim Durkin.
*** UPDATE *** Bailey mentioned the contribution on his Facebook Live video and said there’s a “promise of more to come”…
I want you to consider what took place yesterday. Our campaign experienced a significant breakthrough. Probably the most conservative family, probably in the country, the Uihlein family got behind us with an initial amount and with a promise of more to come. So that was amazing. People are seeing what our movement is, much like these three Democrats that didn’t vote, voted no in JCAR. People are realizing what’s going on. And the real power, friends, it’s coming. I’ve been telling you all along, I have no doubt that we’re going to win this all the way to the to the to the State House.
Following a scathing news report on Governor JB Pritzker issuing problematic pardons, Richard Irvin, Aurora Mayor and gubernatorial candidate, released the following statement:
“Another day and another example of J.B. Pritzker putting our communities at risk by pardoning an arsonist and clearing the way for him to become, of all things, a fire chief. We learned that not only did Pritzker allow arsonist Jerame Simmons to become a fire chief, the governor also disregarded a documented history of lawbreaking, and either missed or ignored obvious lies on Simmons’ pardon petition.
From releasing child murderers and arsonists to signing a bill with cashless bail for dangerous criminals, it’s clear Governor Pritzker doesn’t care about the safety of Illinois families.”
The pardon from Governor JB Pritzker that cleared the way for Jerame Simmons to become a full-time, paid fire chief is just one of 162 pardons Pritzker has issued. According to a former U.S. pardon attorney, the pardon process is described “a bit opaque,” something that the general public or even state lawmakers aren’t privy to; it starts with the Illinois Prisoner Review Board, a 14 member board that is appointed by the Governor. Currently, three of the 14 seats on the board remain vacant while the nine remaining have yet to gain Senate approval–despite cries from the state legislature to do so.
* ILGOP…
Only in JB Pritzker’s Illinois could a politically-connected arsonist get a pardon to become a fire chief. You have to read it to believe it. As reported by Capitol News Illinois:
“SPRINGFIELD – Jerame Simmons got his long-held wish in December when he became the chief of the fire department that dismissed him 24 years ago after he was charged with setting fire to a vacant house and attempting to burn down his high school….
…But it was a pardon from Gov. JB Pritzker that finally cleared the way for Simmons to become the full-time, paid fire chief for the Prairie Du Pont Fire Department….
…The case drew national attention as 11 of the department’s 13 firefighters resigned following the fire protection district’s decision to oust the former chief in favor of Simmons…
…Simmons filed his petition on July 15, 2019, directly contradicting contemporary law enforcement reports of a number of 1998 incidents…
…Simmons, the son of a former deputy U.S. marshal and Metro East mayor, claimed innocence and submitted testimony from local officials attesting to his work ethic and trustworthiness.”
“The governor is a strong believer in criminal justice reform and that means carefully and thoughtfully considering petitions for clemency from those who have demonstrated a commitment to rehabilitation while serving their sentence and after,” she stated. “The governor takes the PRB’s recommendations to heart as he weighs these decisions.” […]
Simmons completed his probation but was later charged with a host of other crimes. Those include:
• A 2006 charge of leaving the scene of an accident, to which he pleaded guilty and was sentenced to six months supervision.
• A 2006 charge of violating an order of protection, which was dismissed.
• A 2008 charge of falsely impersonating a police officer, which was also dismissed.
• Two charges in 2008 for violating an order of protection, both of which were dismissed.
• A 2009 charge of obstructing a police officer, to which he pleaded guilty and was sentenced to conditional discharge.
• A 2016 charge of disorderly conduct, to which he pleaded guilty and was sentenced to 90 days of court supervision.
In 2018, Simmons was charged with disorderly conduct for a fight at a strip club in Sauget. One of the bouncers at the club told police that Simmons pulled a gun on him when he tried to remove his wife from the club, according to a 2018 report from the Belleville News-Democrat.
* Media advisory…
WHO: State Representatives David Friess (R-Red Bud), Patrick Windhorst (R-Metropolis), and Mark Luft (R-Pekin)
WHAT: As scandal continues to surround Governor J.B. Pritzker’s pardon of convicted arsonist Jerame Simmons that allowed him to become fire chief of the Prairie Du Pont Fire Department, House Republicans will introduce legislation (HB 5693) that aims to prevent similar situations from happening.
WHEN: 11:00 AM on Wednesday, February 16, 2022.
WHERE: Blue Room, Illinois State Capitol and streamed live on BlueroomStream
Provides that a person applying for a position in a fire department or fire protection district must disclose if he or she has been convicted, arrested, or charged with arson, aggravated arson, or criminal damage to property due to recklessly, by means of fire, damaging the property of another or knowingly starting a fire on the land of another. Provides that the person or board hiring an individual who has applied to a position in a fire department or fire protection district may take into consideration the disclosed convictions, arrests, or charges in the hiring or retention of the applicant.
…Adding… The governor’s office sent the full response…
There is a clear process that has been used for decades when governors exercise their clemency powers. The Prisoner Review Board makes confidential recommendations to the governor who reviews clemency petitions and takes action. The Governor is a strong believer in criminal justice reform and that means carefully and thoughtfully considering petitions for clemency from those who have demonstrated a commitment to rehabilitation while serving their sentence and after. The Governor takes the PRB’s recommendations to heart as he weighs these decisions.
Whatever. The governor pardoned a daddy’s boy who, by the looks of things, has gotten himself in and has then been pulled back out of trouble for much of his life. The governor’s folks also sent along the PRB file which includes letters of recommendation that I’m ABSOLUTELY SURE HAD NOTHING WHATSOEVER to do with daddy’s local influence. Click here.
…Adding… In the pardon petition, Simmons wrote that his cousin had set the fire with a flare. But if you read the state fire marshal’s brief report, you’ll see they found a gas can in the burned house and evidence that a flammable liquid had been used in the fire as well as evidence of a fuse.
All I can say about what’s going on on the Republican side is it continues to be a mess. […]
All I can say about some individual candidates views is they’re wrong. We’re trying to make our state safer for people across the state. And whatever the insinuation is about that, I can tell you that police funding, police training, making sure that we have police cameras, body cameras, which police want and the public wants. These are all a part of what we’ve been doing to keep people safe. Some of that is a part of the Safe-T Act as well. And so I’m pleased that many of those provisions in the Safe-T Act that I just mentioned are already in effect and some of the provisions that people are falsely pointing to and saying or making the world less safe, haven’t even gone into effect. […]
Let’s be clear, the Republicans are wrong. They’re the ones who voted against funding State Police. They’re the ones who voted against funding in order to reduce the amount of violence and crime. And then they, it’s like the arsonist right, lighting the house on fire and then you know, calling the fire department saying ‘I don’t know what happened.’ That’s what the Republicans are doing. They’re wrong on every point. […]
I mean, they’re going to put out false messaging about this and I would hope that people will see through it. I’m certainly going to help them see the truth.
Well, that crack about an arsonist was picked up by the Irvin campaign…
As long as the Governor is talking about arsonists, perhaps he can address why he pardoned one, clearing the way for him to become a fire chief? #twillhttps://t.co/2rD5NV4aSk
* A month after he was sworn into office in 2015, Gov. Bruce Rauner issued an executive order establishing a commission on criminal justice and sentencing reform with the goal of reducing the state’s prison population by 25 percent in 2025.
Illinois incarcerated about 48,000 people at the end of 2014. That population was down to about 28,000 at the end of 2021, a whopping 42 percent decrease.
State lawmakers are going public with concerns about the future of the prison in Pontiac and another in Vandalia in southern Illinois.
Bloomington-Normal Rep. Dan Brady is among several who have co-signed an open letter to the state Department of Corrections asking for clarification on the reasons for transfers of prisoners from Pontiac and Vandalia correctional centers. Brady said quiet questions beforehand received conflicting responses.
“Everything from there has been mechanical issues, whether it’s heat or other types of facility issues at the prison to the fact that it’s a planned scenario of moving prisoners,” said Brady.
Brady said there are reports more than 100 inmates have been transferred out of the correctional center in Livingston County alone. The rated capacity at the prison is 1,255.
The future of Pontiac Prison is in question as a new report details a possible partial closure that would reduce the maximum inmate population by more than 60 percent, starting as soon as March.
A Illinois Department of Corrections report obtained by 25 News proposes to close three units within the prison, which have a combined bed total of more than 1,000. The stated reason is to reduce staff overtime hours and staffing shortages due to COVID, as well as avoid costly repairs to the aging facility. […]
The prison was slated to be closed back in 2018, but that never came to be. The current plan appears relatively neutral on staff, but it does also call for a partial closure of the prison in Vandalia.
We contacted IDOC and were sent to the governor’s office for a comment. A spokesperson for the governor said only, no prisons are slated to be closed.
Citing a reduction in the state’s prison population and the increasing cost of maintaining older structures, the Illinois Department of Corrections plans to drastically downsize its prisons in Pontiac and Vandalia.
According to an overview of the proposal obtained by Lee Enterprises, the IDOC plans to shutter the medium security unit of Pontiac Correction Center by March 16. The unit currently holds 329 inmates and has a maximum capacity of 431.
Later this spring or summer, the facility’s east and west cellhouses, which have a combined 667 beds and currently house 339 inmates, would shutter, leaving only the north and south cellhouses and mental health units operational.
Altogether, operational capacity at the correctional facility would be reduced from 1,740 to just 642. […]
The downsizing of Vandalia will not require the transfer of any prisoners, who will be divided among the four remaining dormitories.
