Capitol Fax.com - Your Illinois News Radar » 2023

Thursday, Oct 26, 2023 - Posted by Isabel Miller

* Press Release | Jobs Up in Most Metro Areas in September: Over-the-year, total nonfarm jobs increased in eleven metropolitan areas and decreased in three for the year ending September 2023, according to data released today by the U.S. Bureau of Labor Statistics (BLS) and the Illinois Department of Employment Security (DES). Over-the-year, the unemployment rate increased in all fourteen metropolitan areas.

* Illinois Times: Unsung Hero: Emma Shafer: Emma Shafer, 24, was a much-beloved community activist, friend an d family member whose life was taken suddenly and far too soon on July 11, 2023. Her life and her death have greatly impacted our community. Emma was involved in a multitude of social justice and community activist groups including Resistor Sisterhood, Faith Coalition for the Common Good, Sierra Club (Sangamon Valley), Springfield Immigrant Advocacy Network, Moms Demand Action and many more. Emma often hosted “soup night” at her home to encourage activists of different causes to share ideas, debate topics and develop friendships. Her vibrant smile, bountiful hugs, hilarious sense of humor, thrift-store fashion and a serious passion for equity attracted people from all walks of life.

* WCIA | NTSB releases initial report on Teutopolis HAZMAT crash: The NTSB found that the Sept. 29 crash was caused by a car trying to pass the truck in a no-passing zone, right as another car was driving the opposite direction. To avoid a collision between the two cars, the truck driver said he steered to the right. The truck went off Route 40 and into a roadside ditch, hitting a 12-inch metal culvert in the process. The truck jackknifed and rolled onto its right side.

* Crain’s | Bally’s gets approval to operate at Medinah Temple until 2026: The board unanimously approved converting Bally’s temporary operating permit into a full casino license, which will not only be valid for the Medinah Temple, but also for the company’s future 505,000-square-foot casino along the Chicago River between Grand and Chicago avenues in River West, according to Gaming Board spokeswoman Elizabeth Kaufman.

* Peoria Journal Star | Here’s what Illinois lawmakers are saying about the new House speaker: Illinois Republican Darin LaHood, who represents Peoria in the 16th District, said he was proud to support Johnson as the next speaker. “Mike is a family man who understands the importance of advancing conservative policies that promote individual liberty, rein in spending, and secure the border, while also conducting needed oversight of the Biden Administration,” LaHood said in a statement. “Mike can unite our Conference and I look forward to working with him to deliver results for central and northwestern Illinois.”

* Farm Week | One Earth Energy proposes CO2 pipeline project: One Earth Sequestration, a Ford County-based firm, filed Oct. 18 its Application for Certificate of Authority (CoA) with the Illinois Commerce Commission to construct in Illinois the 7.34-mile One Earth Sequestration (OES) Pipeline. The project represents the third proposed CO2 pipeline before the ICC, after Wolf Carbon Solutions applied to build 166 miles of the Mt. Simon Hub Pipeline and Navigator CO2 Ventures moved to build 292 miles of the Heartland Greenway Pipeline System in Illinois.

* Pekin Daily Times | ‘Not for the people’: Tazewell board hears more opposition to CO2 pipeline: “These proposed pipelines are coming with one goal: to make money for their bottom line and their investors, not for the people,” said Elton Rocke, spokesperson for the Facebook group Tazewell County: Stop the CO2 Pipeline. “Although Wolf cites pipeline safety, they have partnered with Archer Daniel Midland, whose deplorable business record over the last 20 published years is almost $1 million in paid fines and penalties. These include OSHA violations, EPA violations and price fixing.”

* WIFR | Stephenson County Sheriff defends deputy, denounces Oath Keepers: [Stephenson County Sheriff Steve Stovall] states Schroeder was first introduced to the Oath Keepers in 2010 by a friend that he had made during his time serving in the National Guard. According to Stovall, the friend told Schroeder that the group was “pro-law enforcement, pro-military, and a way to interact with fellow law enforcement officers and military personnel.” Schroeder then received a link to join the group online in which he accepted. A year later, in 2011, the deputy then changed his email address and had no continued contact with the group. Stovall noted that during this period Schroeder never attended an in-person meeting or had face-to-face interactions with any members of the Oath Keepers.

* Journal Standard | Stephenson County officials call for investigation into reported Oath Keeper ties: Wednesday, Jodi Coss, chair of the Stephenson County Democratic Party, said any officers’ affiliation with the group should be a concern to all residents regardless of their political affiliation. […] Coss said she is trying to determine if Schroeder’s ties to the group are a violation of the sheriff’s department’s code of ethics or code of conduct.

* Crain’s | Appeals court upholds $2.67 billion Blue Cross settlement: A federal appeals court has rejected an effort by Home Depot and other employers to revise a $2.67 billion antitrust settlement with Blue Cross and Blue Shield. The plaintiffs argued that the deal, which a district court approved last year, favors fully insured Blue Cross and Blue Shield customers over self-insured employers. In a decision handed down Wednesday, a three-judge panel of the U.S. Court of Appeals for the 11th Circuit rejected their plea and ordered the agreement to proceed as the lower court instructed.

* Crain’s | Pressure rises on both sides of anti-homelessness tax plan: Supporters of the Bring Chicago Home ordinance, which would raise the transfer tax on property sales worth $1 million and up, have a planned protest march at 10 a.m. in front of the Michigan Avenue offices of the Chicago Association of Realtors. The activists will deliver a “cease and desist” letter, in which they demand the city and state real estate associations quit lobbying against the proposal, according to a press release announcing the protest.

* South Side Weekly | Workers Put Pressure on CTA to Improve Working Conditions: “The CTA has been saving money hand over fist, cutting back on labor, quadrupling productivity.…It’s a superhuman ability of these train operators, what they’re doing now,” Basir said. “I always wanted to be a motorman ever since I was little. But I grew up when there were conductors [and] two-person crews. They’re undergoing so much mental [and] physical trauma. They say this is the most hated job—train operators. And it’s highly exploitative.”

* Tribune | 1.6 million acres of Great Plains grasslands were destroyed in 2021 alone, World Wildlife Fund says: Most grassland plowing has been occurring on private land as landowners have the option to plow, whether to make room for crops or commercial development. For instance, in March the Rockford International Airport began construction in the Bell Bowl Prairie, home of the endangered rusty patched bumblebee, to make way for a roadway. Meanwhile, very little federal-owned land can be plowed, Bolt said. In Illinois, the Midewin National Tallgrass Prairie, about an hour outside Chicago, serves as an example of nearly 9,000 acres of protected grassland.

* Crain’s | Ford deal a ’stunning victory’ for union: Employees were called off picket lines shortly after the deal was reached, and many have been placed on temporary layoff as they await notification to return to work in the coming days, according to some who spoke with Crain’s sister publication Automotive News. That slow restart could add to Ford’s financial losses from the strike, which J.P. Morgan estimated Thursday at slightly more than $1 billion. Ford plans to release its third-quarter results Thursday afternoon, but it’s unclear whether executives will provide additional details on the tentative deal.

* Crain’s | Big Shoulders Fund Ball breaks attendance record in support of student scholarships: The 17th annual Big Shoulders Fund Ball was held in Wintrust’s Grand Banking Hall on Sept. 29 where a gathering of more than 500 set an attendance record for this event. Presented by the organization’s Next Generation Boards, the fundraiser brought in more than $200,000 to help provide a quality, values-based education for underserved children.

* News-Gazette | Nonprofit ecstatic over farm donation: The president of a Vermilion County-based nonprofit that serves special-needs individuals said board members and staff there are “just over the moon” with the gift of a 16-acre farm near Rankin that is likely to one day turn into a residential facility. The Wheeler Foundation board voted to donate the property to WorkSource Enterprises of Danville. President Todd Seabaugh said WorkSource works with developmentally disabled adults, assisting them with activities of daily living to increase their independence “to live in the community at the highest level possible.”

* Axios | X usage plummets in Musk’s first year: App downloads fell roughly 38% globally between October 2022 and September 2023, according to Sensor Tower estimates. In the U.S., mobile app downloads fell 57% in the same time period. Data from Data.AI, another app tracking firm, shows similar trends.

* Jim O’Donnell | From father to son, Bagent family line is all about confidence and winning: If Bagent and his laser release can emerge from the bright lights, big venue of Sofi Stadium at 2-0, more people will start to believe. What they’ll be believing is that he may be one of the most confident, efficient, adaptable young quarterbacks in the history of the Chicago Bears.

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It’s just a bill

Thursday, Oct 26, 2023 - Posted by Isabel Miller

* WMCL…

An Illinois House Democrat has been trying to phase out the sub-minimum wages for workers with developmental and intellectual disabilities since 2019. During this past legislative session, the Dignity in Pay Act failed to gain enough support after an intense debate.

Rep. Theresa Mah (D-Chicago) believes that the state should empower people with disabilities to maximize their employment and self-sufficiency. Mah believes it is wrong that some disabled workers are being paid much less than the state’s minimum wage and it is past time to eliminate the sub-minimum wage.

However, other lawmakers, such as State Representative Charlie Meier (R-Okawville) and State Representative Dave Severin (R-Benton) believe a lot of these workers will be without jobs if the bill passes. Severin had this to say…

“In talking with the the workshops in Southern Illinois, they said, you know, not only does this impact the people that are working now, but it prohibits those that want to come come in that would qualify and would come to a workshop to work. Those young people that are coming out of schools that are qualifying for opportunities to come to workshops and those types of facilities. It prohibits them the opportunity to have a job. So this is a very important issue, and we need to stand firm across both sides of the aisle.”

* HB4197 filed by Sonya Harper…

Amends the Environmental Protection Act. Requires the Environmental Protection Agency to annually review and update the underlying data for, and use of, indicators used to determine whether a community is designated as an environmental justice community and to establish a process by which communities not designated as environmental justice communities may petition for such a designation. Provides that an applicant for a permit for the construction of a new source that will become a major source subject to the Clean Air Act Permit Program to be located in an environmental justice community or a new source that has or will require a federally enforceable State operating permit and that will be located in an environmental justice community must conduct a public meeting prior to submission of the permit application and must submit with the permit application an environmental justice assessment identifying the potential environmental and health impacts to the area associated with the proposed project. Provides requirements for the environmental justice assessment. Provides that a supplemental fee of $100,000 for each construction permit application shall be assessed if the construction permit application is subject to the requirements regarding the construction of a new source located in an environmental justice community. Contains provisions regarding public participation requirements for permitting transactions in an environmental justice community. Provides that, if the Agency grants a permit to construct, modify, or operate a facility that emits air pollutants and is classified as a minor source, a third party may petition the Pollution Control Board for a hearing to contest the issuance of the permit. Contains provisions regarding environmental justice grievances. Defines terms. Contains other provisions.

* Rep. Carol Ammons introduced HB4198 yesterday…

Amends the Election Code. Provides that an election authority may elect to mail a vote by mail ballot to all qualified voters instead of sending notices and applications for permanent vote by mail status. Requires the election authority to make a list of all voters to whom the vote by mail ballots will be sent, publicly post that list, and send the list to the State Board of Elections. Provides that a person who has never voted before may not be sent a vote by mail ballot under the provisions unless the person first provides the election authority with sufficient proof of identity and the election authority verifies the person’s proof of identity. Provides that a person may request, in writing, to the election authority that the person not receive a ballot sent under the provisions. Provides that the election authority shall keep a record of a person who has made a request and, in all future elections following receipt of the request, shall instead send the person who made the request a notice and application for permanent vote by mail status.

* Rep. Mary Flowers’ HB4199…

Amends the Administration Article of the Illinois Public Aid Code. Provides that notwithstanding any other law or rule to the contrary and subject to federal approval, when calculating a household unit’s monthly earned income for purposes of determining eligibility for Supplemental Nutrition Assistance Program (SNAP) benefits, the Department of Human Services shall only consider the household unit’s monthly after-tax income, as defined. Requires the Department to also disregard any change in a household unit’s monthly earned income due to any minimum wage increase implemented on or after January 1, 2023 in accordance with any State law or county or municipal ordinance. Requires the Department to apply for any federal approvals required to implement the provisions of the amendatory Act. Permits the Department to adopt any rules necessary to implement the provisions of the amendatory Act.

* Rep. Charles Meier introduced HB4200…

Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that the Department of Human Services shall direct all State-operated developmental centers to conduct all interviews and testing of an applicant applying for a position as a mental health technician in a single day at the facility at which the applicant is applying for employment. Provides that, if the applicant passes the initial interview and testing process, any required drug testing and background check shall be completed at the direction of the State-operated developmental center within 7 days after the date of the initial interview and testing. Provides that, if the applicant is found to be eligible for employment as a mental health technician, the State-operated developmental center shall, within 30 days after the initial interview and testing, notify the applicant of its decision and inform the applicant of the date of his or her first day of employment at the facility. Provides that the Department may adopt rules necessary to implement and administer the provisions.

* SB382 is in the House after passing the Senate 57-0 yesterday…

Replaces everything after the enacting clause. Amends the Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act. Changes the definition of “depicted individual” to mean an individual whose face or body (rather than only body) is shown, in whole or in part, in a private sexual image or digitally altered sexual image (rather than only a private sexual image). Defines “digitally altered sexual image” to mean any visual media, including any photograph, film, videotape digital recording, or other similar medium, that is created or substantially altered so that it would falsely appear to a reasonable person to be an authentic depiction of the appearance or conduct, or the absence of the appearance or conduct, of an individual depicted in the media. Provides that a person is not liable under the Act if the person proves that the dissemination of or a threat to disseminate a digitally altered sexual image was made in good faith, made in good faith in the reporting or investigation of unlawful conduct or unsolicited and unwelcome conduct, or related to a matter of public concern.

* SB856 also made it out of the Senate…

Replaces everything after the enacting clause. Amends the Illinois Identification Act and the Illinois Vehicle Code. Provides that an applicant for an identification card or driver’s license who is an employee of the Department of Children and Family Services with a job title of “Child Protection Specialist Trainee”, “Child Protection Specialist”, “Child Protection Advanced Specialist”, “Child Welfare Specialist Trainee”, “Child Welfare Specialist”, or “Child Welfare Advanced Specialist” may elect to use his or her office or work address in lieu of the applicant’s residence or mailing address on an application for an identification card or driver’s license. Effective January 1, 2024.

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Question of the day

Thursday, Oct 26, 2023 - Posted by Rich Miller

* From Gov. Pritzker’s amendatory veto message on HB3445…

House Bill 3445 contains many valuable provisions to advance energy policy in Illinois. However, the right of first refusal language inserted by Senate Amendment 4 will eliminate competition and raise costs for rate payers by giving incumbent utility providers in the MISO region a monopoly over new transmission lines. Raising costs for rate payers is particularly concerning in the MISO region, where there is currently over $3.6 billion in planned transmission construction in the Ameren service territory.

Without competition, Ameren ratepayers in downstate Illinois will see higher electricity bills to pay for the higher cost of these transmission projects. Competitively bidding transmission construction, instead of giving the utility a monopoly, has been proven to lower project costs significantly.

Just last year, the federal Department of Justice and Federal Trade Commission criticized a similar right-of-first-refusal proposal at the federal level, citing the benefits of competition to consumers through lower rates, improved service, and increased innovation. (Comment of U.S. Department of Justice and Federal Trade Commission to Building for the Future Through Electric Regional Transmission Planning and Cost Allocation and Generator Interconnection, FERC Docket No. RM21-17-000 (Aug. 17, 2022)).

My administration has always been committed to working with stakeholders and our partners in the General Assembly to enact meaningful energy policy. However, I cannot support the ROFR provision of this legislation that will unnecessarily put a higher cost burden on consumers.

* From Ameren Chairman and CEO Leonard Singh’s recent letter to the General Assembly…

• FERC has fallen short – Out-of-state energy developers embrace the Federal Energy Regulatory Commission (FERC) model because, absent state intervention, it bypasses local control and increases their profits. But the reality is these FERC policies have failed to produce innovations or generate cost reductions for expanding the nation’s electrical grid transmission capabilities. According to a recent study, “… competitive solicitations have not delivered innovation, cost savings, or timely development of transmission… it is important to consider the real results of competitive processes to date, compared against claims of significant cost savings.”

• ROFR maintains competition – At Ameren, our contractors earn their opportunities through a competitive bidding process. Under ROFR, Ameren will maintain the competitive bidding we have always utilized when building transmission lines. Maintaining Ameren’s current ability to build needed transmission lines ensures projects are not awarded to out-of-state developers with no vested interest in Illinois.

• ROFR holds down costs – At Ameren, we have a responsibility to build and manage transmission projects in a cost-effective manner to keep rates reasonable. Here’s an example of what can happen in Illinois if transmission development costs from out-of-state developers are not closely managed, with oversight given to Washington D.C.: A non-incumbent developer recently asked FERC to allow it to recover more than double the cost of a 125-mile transmission line project in California. The developer “won” the project with a bid of $259 million and asked FERC to allow it to charge consumers $553.3 million. If ROFR does not become law today, potential cost overruns by out-of-state developers with a track record of project mismanagement will drive costs higher and raise customer bills.

• ROFR protects local jobs – Without local-build provisions, the outsourcing of transmission construction to inexperienced non-union workers and out-of-state entities is imminent. Illinois-based contractors will be shut out of significant transmission work. Our local communities will lose the high-paying skilled jobs and the resulting economic benefits. Safety and reliability will be compromised.

• ROFR ensures service reliability – Contrary to what you’re being told, Illinois-regulated utilities like Ameren are the only companies capable of accelerating construction of new transmission lines on our systems. If ROFR does not become law today, construction delays will risk realization of reliability and clean energy benefits for downstate customers.

* Center Square…

Corey Stone with Illinois Brotherhood of Electric Workers 51 said out-of-state companies that could land these projects won’t use Illinois workers.

“These members and the members of the other Illinois labor unions who work on these transmission projects live here, are active in their community, and contribute to the Illinois economy,” Stone said during a Wednesday news conference in Springfield.

* Tribune…

State Rep. Larry Walsh, the Elwood Democrat who sponsored the original measure, vowed to return in the spring with an even broader proposal to give utilities statewide the permanent right of first refusal on transmission projects. That would include scandal-plagued Commonwealth Edison. […]

It’s unclear whether such a campaign would prove convincing to Pritzker, who could once again wield his veto pen to stop it from becoming law.

* Capitol News Illinois…

Beyond the controversy surrounding the right of first refusal, transmission line construction has become a front line in the fight over climate change in recent years, particularly regarding who will profit from and regulate new construction.

This is because as new energy sources like solar or wind farms come online, they need new lines to deliver their power to the grid.

The International Energy Agency, an intergovernmental advisory group based in Paris, released a report this month that found the world will need to build or replace around 50 million miles of grid by 2040 to meet clean energy goals, which is roughly equivalent to replacing the entire current global grid. That report also found grids are becoming a “bottleneck” in the transition to zero-emission electricity systems.

* Lee News…

Eight states in MISO have right-of-first-refusal laws on the books. Many were enacted after the Federal Energy Regulatory Commission in 2011 eliminated the federal right-of-first refusal for regionally-planned transmission lines in hopes of spurring more competition and lower costs.

* Rep. Ann Williams, who chairs the House Energy & Environment Committee…

I agree that we must use skilled Illinois union labor for these energy-related infrastructure projects. I look forward to more conversations this spring with organized labor, Ameren and environmental advocates to consider transmission issues as part of a broader conversation about creating the infrastructure to ensure a clean energy future, build capacity, put consumers first, and address the climate crisis.

Rep. Williams’ statement leads us to this…

* The Question: Would you support statewide Right of First Refusal for incumbent utilities like Ameren and ComEd, or a statewide law mandating the work be done with requirements like project labor agreements and prevailing wage, which is the same standard for large wind and solar projects? Take the poll and then explain your answer in comments, please.

online polls

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Illinois’ lack of an open public school enrollment policy criticized

Thursday, Oct 26, 2023 - Posted by Rich Miller

* The Reason Foundation’s report on state open school enrollment policies…

A 2023 Available to All report found that 24 states criminalize address-sharing—a practice where parents falsify their address to gain access to a public school other than their assigned one. Parents caught doing so can face hefty consequences, including being incarcerated in 20 states and fined in 16 states. For example, parents caught address-sharing in Texas can receive maximum prison sentences of up to 10 years and a maximum fine of $10,000. Robust open enrollment laws, however, can reduce the number of families risking address-sharing since it weakens the tie between housing and schooling. […]

Reason Foundation finds there are five key components to robust open enrollment laws. While no state has fully adopted all five best practices yet, six states have adopted at least four of them.

Reason’s Five Best Practices for Open Enrollment

#1 Statewide Cross-District Open Enrollment

School districts are required to have a cross-district enrollment policy and are only permitted to reject transfer students for limited reasons, such as school capacity.

#2 Statewide Within-District Open Enrollment

School districts are required to have a within-district enrollment policy that allows students to transfer schools within the school district, and are only permitted to reject transfer requests for limited reasons, such as school capacity.

#3 Transparent Reporting by the State Education Agency (SEA)

The State Education Agency annually collects and publicly reports key open enrollment data by school district including transfer students accepted, transfer applications rejected, and the reasons for rejections.

#4 Transparent School District Reporting

Districts are annually required to publicly report seating capacity by school and grade level so families can easily access data on available seats. Open enrollment policies, including all applicable deadlines and application procedures, must be posted on school districts’ websites.

#5 Children Have Free Access to All Public Schools

School districts should not charge families transfer tuition.

Remember, this is about public schools, not private or parochial.

* Illinois…

Illinois meets none of Reason’s best practices policy goals and criminalizes
unsanctioned student transfers.

Students can transfer schools under very limited circumstances in Illinois, such as specific agreements between districts. School districts can charge cross-district transfers tuition. In fact, parents who knowingly enroll in a nonresident district and try to avoid paying tuition are guilty of a class C misdemeanor, which can result in up to 30 days of imprisonment and a fine of up to $2,300.

Within-district transfers are voluntary as districts have significant discretion regarding eligible transfers. For instance, districts can reject within-district transfer applications because the applicant doesn’t meet academic criteria required for enrollment at a particular school (as set by the LEA).

Unfortunately, the Prairie State’s transfer policy is weak on transparency. The state doesn’t require districts to post their available capacity on their websites, nor is the SEA required to collect and publish open enrollment data, such as the number of transfers and the reasons transfer applications are rejected

Illinois policymakers can improve their open enrollment options in three main ways:

● Require districts to participate in statewide cross-district open enrollment and require them to post about these options on district websites.
● Require districts to participate in statewide within-district open enrollment and require them to post about this option on district websites.
● Require districts to post their available capacity on their websites.

Your thoughts on these ideas?

61 Comments

The CCS Opportunity In Illinois

Thursday, Oct 26, 2023 - Posted by Advertising Department

[The following is a paid advertisement.]

Carbon capture and storage, or “CCS,” is a technology that captures carbon dioxide (CO2) emissions at their source and stores them deep underground. CCS is a proven and safe process and the Illinois State Geologic Survey has confirmed that our state’s geology is perfectly suited for this technology. The Pipeline and Hazardous Materials Safety Administration (PHMSA) enforces federal requirements to regulate the safety of the pipelines that will support CCS.

In addition to delivering a cleaner environment, CCS will generate $3.3 billion in value for the region and could spur 14,440 jobs. Now is the time to bring carbon capture technology and its environmental and economic benefits to Illinois. Policymakers must pass legislation to advance CCS and bring this opportunity to Illinois.

Learn more about the CCS opportunity in Illinois.

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Today’s must-read: Tom DeVore sanctioned by federal bankruptcy judge, will also face ARDC beef

Thursday, Oct 26, 2023 - Posted by Rich Miller

* United States Bankruptcy Court, Central District Of Illinois, Judge Mary P. Gorman…

Before the Court after trial is a Motion for Sanctions Under 11 U.S.C. §362(k) for Violations of the Automatic Stay, filed by the Debtor, Riley N. Craig, against Tom DeVore. For the reasons set forth herein, Mr. DeVore will be found to have willfully violated the automatic stay and will be sanctioned.

* Yadda, yadda, yadda…

Mr. DeVore does not dispute that he knew of the Debtor’s bankruptcy filing when he took the actions complained of in the Motion for Sanctions. Because he knew of the bankruptcy but proceeded with state court litigation even after being advised by the Debtor’s attorney that he was violating the stay, his conduct was willful. Mr. DeVore has never sought relief from the stay. His conduct therefore constituted willful and, as will be explained below, egregious violations of the stay and will result in the imposition of sanctions.

* Bippity, boppity, boop…

The Debtor is entitled to an award of her actual damages including her costs and fees and, under the circumstances, an award of punitive damages. The Debtor testified that she hired counsel and paid him a $3000 flat fee to defend her against the petition for order of protection filed by Mr. DeVore. Because the filing of the petition violated the stay, she is entitled to an award of $3000 in actual damages.

The Debtor is also entitled to have the fees she incurred with Attorney Pioletti related to these issues paid by Mr. DeVore. Attorney Pioletti filed an itemization of his time showing the expenditure of 4.06 hours dealing with the stay violation issues before the hearing. He said that his time on the day of the hearing consisted of a 1.5 hour drive each way between his office and the courthouse and the 3.5 hours spent at the evidentiary hearing. He said that he charged $275 per hour. Attorney Pioletti’s total claim amounts to 10.56 hours at $275 per hour. Because both his rate and the amount of time expended are reasonable, Attorney Pioletti will be awarded $2904, to be paid by Mr. DeVore.

Because this Court finds Mr. DeVore’s stay violations to be egregious and his conduct to be both disingenuous and dishonest, punitive damages will be awarded here. […]

All the factors support an award of punitive damages here. Mr. DeVore’s conduct was indefensible. […]

The Court will award to the Debtor punitive damages in the amount of $7500 to be paid by Mr. DeVore. This amount is less that the $20,000 the Debtor requested but hopefully is enough to make Mr. DeVore change his behavior. The award is just a little more than the amount awarded for actual damages. Thus, it may get Mr. DeVore’s attention and cause him to realize that he must respect the law and the orders of this Court or bear the consequences of his actions. If the sanctions imposed are not enough to get Mr. DeVore’s attention, future violations should be brought to the Court’s attention and additional sanctions may issue. […]

Mr. DeVore’s violations were willful and egregious; his conduct was highly unprofessional. The Debtor will be awarded her actual damages, her attorney fees, and punitive damages.

* Footnote…

The evidence presented at the hearing suggests that Mr. DeVore not only violated the automatic stay but that he also may have violated several Illinois Rules of Professional Conduct. The Debtor’s unrebutted testimony was that she began an intimate, personal relationship with Mr. DeVore after he began representing her and while he was still representing her in legal matters. The Rules prohibit such conduct by lawyers. The evidence also established that Mr. DeVore was the lawyer who drafted the documents for the creation of Future You, a business that he owned with the Debtor. Under the Rules, strict guidelines apply when an attorney goes into business with a client. The Debtor’s unrebutted testimony that she was confused about what she was signing when Mr. DeVore told her to sign the Future You operating agreement without reading it suggests that the strict guidelines were not followed. The nature of their personal relationship, as well as Mr. DeVore’s stated opinions about the Debtor’s business acumen and her reliance on his judgment and expertise, would certainly complicate any effort to satisfy the requirements of Rule 1.8(a) and likely implicate Rule 1.7 as well. In addition, Mr. DeVore’s petition for order of protection contained frivolous and false allegations such as his assertion that the Debtor was restraining or interfering with his personal liberty; his own testimony was that he had not been in direct contact with the Debtor for more than six weeks before he filed for the order of protection and his main complaint against her was that she refused to communicate with him. The filing of frivolous pleadings is prohibited, and attorneys may not make false statements of law or fact to a tribunal. Rule 4.2 limits an attorney’s ability to communicate with a person they know is represented by counsel. Notwithstanding the fact that the Debtor was represented by counsel in her bankruptcy, Mr. DeVore repeatedly contacted her directly, suggesting several times that he was free to do so because no attorney was representing her in the Bond County lawsuit. But the Bond County lawsuit was filed in violation of the stay and sought to address matters exclusively within this Court’s jurisdiction—matters for which Attorney Pioletti was clearly representing the Debtor. Attorney Pioletti’s time records show at least one communication on June 12, 2023, asking Mr. DeVore to stop contacting the Debtor directly. Mr. DeVore apparently ignored that request. He continued to try to bootstrap an argument that, because he—in violation of the stay—filed actions in state court where Attorney Pioletti did not have an appearance on file, he could then communicate directly with the Debtor about her property, debts, and other matters involved in her bankruptcy. Such conduct is prohibited by the Rules.

The investigation and determination of whether violations of the Illinois Rules of Professional Conduct actually occurred here is within the jurisdiction of the Illinois Attorney Registration and Disciplinary Commission and the Illinois Supreme Court; the appropriate referral for investigation will be made.

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Protected: SUBSCRIBERS ONLY - Supplement to today’s edition

Thursday, Oct 26, 2023 - Posted by Rich Miller

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Protected: SUBSCRIBERS ONLY - Today’s edition of Capitol Fax (use all CAPS in password)

Thursday, Oct 26, 2023 - Posted by Rich Miller

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Open thread

Thursday, Oct 26, 2023 - Posted by Isabel Miller

* What’s up! Keep it Illinois-centric please…

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Isabel’s morning briefing

Thursday, Oct 26, 2023 - Posted by Isabel Miller

* ICYMI: Legislative staff unionization bill faces uncertain future in Senate. Hannah Meisel…

* Related stories…

∙ Capitol News: Proponents drop push to give downstate utilities dibs on new transmission lines
∙ Tribune: Downstate utility, electrical workers union put effort to control transmission line construction on hold
∙ WAND: Illinois senators approve Springfield High School expansion plan

* Isabel’s top picks…

* Tribune | Gov. J.B. Pritzker, never shy about criticizing Republicans, calls for ‘common ground’ at national conference: On Wednesday, at a national political conference of progressives in Washington, the second-term governor with potential presidential aspirations presented a new political style — conciliator. “I’m just saying leadership in this time means putting in check sometimes your emotions about the attacks that are coming and instead trying to find common ground to work with one another because we have to bring the temperature down in this country and talk to one another, whatever party we belong to or whatever ideology we may have, because we have so much to accomplish,” Pritzker told an audience at the progressive Center for American Progress annual ideas conference.

* Sun-Times | Chicago-area retiree opens home to migrants — ‘new family members’ — stuck at police stations: A retiree with terminal cancer, Elaine Pierce made a cocoon in her home, surrounding herself with her daughter, books and movies. It was a solitude she needed, yet she gave it up recently for something more important — to help families in crisis, opening her Oak Park bungalow to migrant families without a home. “I only wish I could do more,” Pierce told the Sun-Times.

* Tribune | Suburban school district reconsiders postponing Hampshire’s spring musical about gay teens after student and parent outcry: The theater student was eager for the reveal of this year’s selection of “The Prom,” a comedic musical about a school that tries to cancel a dance to prevent a gay student from attending. The 18-year-old said this year’s production meant more than usual because it was a chance for theater kids, some part of the LGBTQ+ community, to feel represented in their craft. But then district administrators stepped in. They shut down the announcement, telling students in a meeting last Friday that they wouldn’t allow the music department to put on the show this year due to safety concerns, he said.

* Here’s the rest of your morning roundup…

* WAND | Senate approves bill providing faith based food options in public schools, correctional facilities: Senate Bill 457 could require all Illinois public schools, state correctional facilities and the University of Illinois hospital in Chicago to offer the faith based food options if requested. If signed by the governor, ISBE would be tasked with entering into statewide master contracts from vendors across the state.

* WTTW | Lawmakers Push for Compensation for Chicago’s Elected School Board: Sponsoring state Sen. Robert Martwick, a Democrat who represents parts of the city’s Northwest Side, said if Chicago wants a diverse school board, it needs to remove barriers — like a lack of pay — that would prevent some residents from running for board seats.

* SJ-R | Chicago homicide suspect in custody after Illinois State Police trooper shot overnight: The shooting was a personal matter to Rep. Bradley Fritts, R-Dixon, as the trooper is engaged to one of his legislative aides. The freshman lawmaker addressed the Illinois House Wednesday, arguing that law enforcement needs support.

* Block Club | Englewood Activist Jumps Into Illinois House Race To Represent South Side District: This will be Williams’ first time running for statewide public office. He was elected to the Englewood (7th) District Police Department council earlier this year.

* WMCL | Legislators share concerns bout bill impacting workers with disabilities: Rep. Theresa Mah (D-Chicago) believes that the state should empower people with disabilities to maximize their employment and self-sufficiency. Mah believes it is wrong that some disabled workers are being paid much less than the state’s minimum wage and it is past time to eliminate the sub-minimum wage. However, other lawmakers, such as State Representative Charlie Meier (R-Okawville) and State Representative Dave Severin (R-Benton) believe a lot of these workers will be without jobs if the bill passes.

* Center Square | Who covers EV charger costs for homes main focus of Illinois mandate: On Wednesday, legislators discussed a trailer bill in Senate Bill 384, which changes the language of the original measure by changing multi-unit residential buildings to multi-family residential buildings with parking spaces constructed after the act’s effective date. Feigenholtz defended the measure during Senate debates, saying this would not increase costs for property owners.

* Commercial-News | IGB to act on permanent casino license: Five months after Golden Nugget Danville Casino received a temporary operating permit to open, Danville Development LLC will be going before the Illinois Gaming Board on Thursday for the casino’s permanent license.

* Sun-Times | Chicago Public Schools officials project $391 million deficit next year when COVID-19 relief funds run out: District leaders and Board of Education officials have warned of a financial cliff approaching next school year. Federal COVID-19 relief funds had papered over a structural deficit that officials estimate will reach $691 million. Only $300 million in federal funding is left to offset that,

* Tribune | Euthanizations up 25% in Chicago animal shelter; city director points to post-pandemic return to work, inflation: “The shelter is really, really sad right now,” one CACC volunteer said during public comment at the hearing. “Those are living animals. They needed a chance. They deserve a chance. And we really need leadership that is really passionate about the animals.”

* Post-Tribune | Renovated $38.4M welcome center on I-65 gives visitors a view of the region, from monarch butterflies to steel industry: Officials including Gov. Eric Holcomb gathered Tuesday at the site on southbound Interstate 65 just before the Indiana 10 interchange in Demotte to dedicate the newly renovated $38.4 million welcome center. All except for about $4 million of the project was federally funded, Holcomb said.

* VCF | Resolution Passed by Illinois House Honoring Memory of State Rep Bill Black: The Illinois House of Representatives Wednesday adopted House Resolution 409 which mourns the passing of former Illinois State Representative and Assistant Minority Leader Bill Black of Danville. State Representative Mike Marron (R-Fithian) sponsored the resolution and spoke about his mentor on the House floor before its adoption.

* Sun-Times | Highland Park massacre suspect keeps phone privileges despite rant that FBI staged attack: The Highland Park massacre suspect sent a video message from Lake County Jail claiming the attack was staged by federal agents, raising questions about his access to communications as he awaits trial on charges of killing seven people and wounding dozens more. The woman who recorded the Sept. 21 call was found to have violated jail rules and was banned from making further video calls with inmates. But Robert E. Crimo III hasn’t been disciplined and is allowed to make calls from a tablet in his cell, according to the Lake County sheriff’s office.

* AP | At least 16 dead in Maine mass killing and police hunt for the shooter as residents take shelter: A man shot and killed at least 16 people at a restaurant and a bowling alley in Lewiston, Maine, on Wednesday and then fled into the night, sparking a massive search by hundreds of officers while frightened residents stayed locked in their homes.

* NYT | U.A.W. and Ford Reach Tentative Contract Agreement: The union said the deal included a roughly 25 percent pay increase over four years, cost-of-living wage adjustments, major gains on pensions and job security, and the right to strike over plant closures. It called on striking Ford workers to go back to work while the tentative agreement awaits ratification.