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It’s just a bill

Wednesday, Oct 25, 2023 - Posted by Isabel Miller

* Rep. CD Davidsmeyer…

With the surge in migrants coming to Illinois, State Representative C.D. Davidsmeyer (R-Murrayville) has filed legislation to repeal the TRUST Act, ending Illinois’ status as a sanctuary state for undocumented immigrants. The Illinois TRUST Act, enacted in 2017, made Illinois a sanctuary state for undocumented immigrants. The TRUST Act prohibits local law enforcement in Illinois from participating in immigration enforcement.

From the Illinois Attorney General’s website

No federal law compels law enforcement in Illinois to assist with or participate in any immigration enforcement action. At the state level, Illinois law generally prohibits participation in immigration enforcement by state and local law enforcement. For example, a local law enforcement agency in Illinois cannot: give an immigration agent access to individuals in its custody; detain individuals pursuant to a federal administrative warrant; detain individuals pursuant to an immigration detainer request from U.S. Immigration and Customs Enforcement (ICE); or share information about individuals in its custody with federal immigration authorities. Importantly, local law enforcement officers cannot arrest an individual for violation of a federal law without a warrant unless state law has granted them authority to do so, and Illinois law prohibits local law enforcement from stopping, arresting, searching, or detaining an individual based on his or her citizenship or immigration status. […]

The federal government cannot require local law enforcement to enforce federal law.

Also, asylum seekers are here legally, as Governor Pritzker pointed out again earlier this month.

And Heather Cherone from WTTW wrote an explainer about why Chicago’s status as a sanctuary city has nothing to do with the arrival of asylum seekers….

Chicago’s status as a sanctuary city does not require it to encourage immigrants to move to Chicago nor does the Welcoming City ordinance obligate officials to use taxpayer funds to care for immigrants in Chicago.

In addition, the 18,500 migrants sent to Chicago so far are in the country legally after requesting asylum after fleeing persecution and economic collapse. The ordinance focuses on protections for undocumented immigrants, so it does not apply to any of the migrants.

* HB4194 is sponsored by Reps. Angelica Guerrero-Cuellar, Lisa Hernandez, Kelly Burke and Marty Moylan

Amends the Invest in Kids Act. Provides that a taxpayer may take a credit under the Act for tax years ending before January 1, 2029 (currently January 1, 2024). Provides that, beginning in calendar year 2024, the aggregate amount of credits the Department of Revenue may award under the Act in any calendar year may not exceed $50,000,000 (currently, $75,000,000). Provides that contributions under the Act may be directed to students whose permanent address is located in an underserved area but may not be directed to a particular student. Provides that, for taxable years beginning on or after January 1, 2024, the amount of the credit under the Act shall be 100% of the first $5,000 in contributions made by the taxpayer during the taxable year, plus (i) 55% of the portion of the qualified contributions made by the taxpayer that exceeds the first $5,000 and is not directed to students whose permanent address is located in an underserved area and (ii) 65% of the of the portion of the qualified contributions made by the taxpayer that exceeds the first $5,000 and is directed to students whose permanent address is located in an underserved area. Effective immediately.

* AP

In Springfield, House Speaker Emanuel “Chris” Welch, a Hillside Democrat, won Executive Committee approval for a proposal allowing legislative staff, from partisan analysts to custodians, to join a collective bargaining unit. It would exclude managers and other confidential employees engaged in shaping policy.

“Something I remain firm on is that this legislation must give employees equal opportunity to join a union and make their voices heard,” Welch said.

Legislative staff jobs are taxing, with long hours. They also provide valuable experience and lead to future careers as lobbyists, liaisons with state agencies and even legislators, said Kelly Kupris, a House education analyst representing the Illinois Legislative Staff Association. But Kupris told the committee there is too much turnover and that a survey of staffers found that more than three-quarters struggle to pay bills and more than one-third have taken a second job.

Minimum starting salary for a legislative coordinator, which requires helping members develop their agendas, draft bills and follow them through the process, among other things, is $43,000, along with health and life insurance and a state pension.

Speaker Welch’s amendment was sent to the floor today.

* Rep. Suzanne Ness filed HB4190 yesterday

Amends the Paid Leave for All Workers Act. Changes the effective date of the Act from January 1, 2024 to July 1, 2024. Effective immediately.

* Rep. Marty Molyan filed HB4196

Amends the Environmental Protection Act. Requires the Environmental Protection Agency to establish a Fleet Electrification Incentive Program to provide fleet owners and operators in the State grants to promote the use of eligible electric vehicles. Provides that the Program shall offer qualifying purchasers a grant up to specified base amounts toward the purchase of eligible electric vehicles based on the Class of vehicle. Requires the Agency to award grants under the Program on a competitive basis according to the availability of funding. Provides that to be eligible to receive a grant under the Program a purchaser must satisfy all of the required criteria. Provides that the Agency shall give weight to an application based upon the potential impact of the geographic location and route of the purchaser’s fleet on pollution affecting an equity investment eligible community. Requires the Agency to ensure that resale of a vehicle serving a public school or located within an equity investment eligible community shall result in the vehicle servicing a similarly situated community. Provides that grants under the Program may be combined with other public incentives but the total of governmental incentives shall not exceed a maximum of 80% of the purchase price of the vehicle. Requires the Agency to set aside 20% of the appropriated funds under the Program for grants to the purchaser of electric school buses. Provides that all awards granted are subject to appropriation by the General Assembly.

* HB4186 filed by Rep. Amy Elik

Amends the Courses of Study Article of the School Code. In the provisions concerning required high school courses, allows a pupil to take one year of a foreign language course (rather than 2 years), if, upon completing one year of foreign language coursework, the pupil, the pupil’s parent or guardian, and the school counselor meet to discuss the pupil’s postsecondary education or career goals, and, at that meeting, it is determined (i) that the pupil will take one year of career and technical education coursework, (ii) that a second year of foreign language coursework will limit the pupil’s access to career and technical education coursework, and (iii) that the pupil does not need a second year of foreign language coursework to meet the pupil’s postsecondary education and career goals. Provides that, following this meeting, the pupil’s parent or guardian may opt the pupil out of a second year of foreign language coursework in a form and manner that is prescribed by the State Board of Education. Amends various Acts relating to the governance of public universities in this State. Provides that a university may not require a public high school student to have completed 2 years of foreign language coursework while in high school if it was determined in high school that the student was not required to and the student’s parent or guardian opted the student out. Provides that if the student completed only one year of foreign language coursework in high school, the university may require the student to take no less than one year of foreign language coursework while enrolled in an undergraduate degree program at the university. Effective immediately.

* Rep. Joe Sosnowski filed HB4191

Amends the Paid Leave for All Workers Act. Provides that the definition of “employer” does not include forest preserve districts organized under the Downstate Forest Preserve District Act or the Cook County Forest Preserve District Act.

       

12 Comments
  1. - Anyone Remember - Wednesday, Oct 25, 23 @ 1:33 pm:

    “… detain individuals pursuant to a federal administrative warrant; … .”

    This is an important distinction often overlooked. A judicial warrant is signed by a judge, an ICE administrative warrant is signed by … an ICE employee.

    The IRS lost the ability to “take” with administrative warrants 25 years ago. ICE shouldn’t be able to “take” with one, either.


  2. - fs - Wednesday, Oct 25, 23 @ 1:43 pm:

    ==The IRS lost the ability to “take” with administrative warrants 25 years ago. ICE shouldn’t be able to “take” with one, either.==

    They cannot, and they couldn’t in 2017 under Federal case law. The only thing that the original trust act did was codify into State law what was already the law per case law. The Act has obviously been expanded since then, but if it’s stretching verbiage to say we’re a “Sanctuary State” now, it’s flat out disingenuous to say that the original law made it so.


  3. - That Guy - Wednesday, Oct 25, 23 @ 2:05 pm:

    I did not know that. I always assumed that a judge somewhere had signed off on it. Wild that we allow that.


  4. - H-W - Wednesday, Oct 25, 23 @ 2:05 pm:

    Rep. Davidmeyer’s proposal suggests he want Illinois to send a message suggesting we hate immigrants, that they have no sanctuary here.

    WWJD?


  5. - ChicagoBars - Wednesday, Oct 25, 23 @ 2:07 pm:

    I’m sure it won’t pass but just here to say July 1 effective dates for things like Paid Leave are easier to financially digest for small bars and restaurants than January 1 because they usually have a stronger cash cushion by mid-year than they do heading into the lean winter months.


  6. - Anyone Remember - Wednesday, Oct 25, 23 @ 2:09 pm:

    “They cannot … .”

    Most ICE non-criminal arrests for deportation use administrative warrants.


  7. - H-W - Wednesday, Oct 25, 23 @ 2:22 pm:

    HB4194 does not address the current legislation’s problem that it allows any and all children to be eligible for a scholarship, regardless of income (see section 35 ILCS 40/40). People making 250% of the poverty threshold or higher can still receive a 50% tuition discount.

    Access to private schools is not equal for all of Illinois’ children. It is regional, strategic, and relatively rare. There are not enough seats, and the seats that exist are not equally accessible based on geography.

    As such, this bill advantages suburban children over rural children and urban children (proportionately). The current bill advantages the middle class and affluent over the poor, working poor, and working class.

    It benefits the schools without creating additional opportunities for children (as measured is seating capacity.

    Kill the bill. Amending as proposed does not enhance opportunities; indeed, it this amendment only reduces opportunities for Illinois’ children.


  8. - Rudy’s teeth - Wednesday, Oct 25, 23 @ 2:24 pm:

    Re: Invest in Kids Act and scholarships for students

    Are yearly test scores of students analyzed to determine if students are making satisfactory progress or are performing at grade level?

    If there is no system in place to measure results, then important data should be collated to provide evidence that the program Invest in Kids is meeting goals.


  9. - fs - Wednesday, Oct 25, 23 @ 2:30 pm:

    == Most ICE non-criminal arrests for deportation use administrative warrants.==

    Prior to court decisions about a decade ago, they were done by detainers with assistance of State actors holding persons based on those detainers. Those detainers were held invalid, and any State actor holding an undocumented person based on that detainer was potentially opening themselves up to being sued. Police shouldn’t have wanted anything to do with complying with what the original act said they couldn’t comply with, and most didn’t. It also expressly stated they could still otherwise communicate and cooperate, but I believe that language has since been removed.


  10. - West Sider - Wednesday, Oct 25, 23 @ 2:44 pm:

    -allows a pupil to take one year of a foreign language course (rather than 2 years), if, upon completing one year of foreign language coursework, the pupil, the pupil’s parent or guardian, and the school counselor meet to discuss the pupil’s postsecondary education or career goals-
    Rep Elik have a kid who won’t graduate next June?


  11. - Back to the Future - Wednesday, Oct 25, 23 @ 3:40 pm:

    HB 4195 seems like a good compromise to deal with this issue and allow both sides to move on to discussing more general education issues that should be addressed to get the children of Illinois on a path to better test scores.


  12. - JS Mill - Wednesday, Oct 25, 23 @ 4:47 pm:

    = HB4186 filed by Rep. Amy Elik…Amends the Courses of Study Article of the School Code.=

    I am stunned to see sensible legislation in the area of curriculum and courses of study. Absolutely stunned. This is a good piece of legislation.


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