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It’s just a bill

Monday, May 6, 2024 - Posted by Isabel Miller

* Chalkbeat

Here are some education bills we’re continuing to follow.

Moratorium on Chicago school closures until 2027: House Bill 303 was initially filed to prevent the Chicago Board of Education from making any changes to selective enrollment schools until 2027 when the board will be fully elected. The bill is a direct response to a resolution passed by the current school board, which is appointed by the mayor, that calls for a new strategic plan that would invest in neighborhood schools and move away from school choice. The latest change to the bill included a closure moratorium on all Chicago schools until 2027. The bill is currently in the Senate’s executive committee.

Early Childhood Department: Illinois is currently in the process of merging early childhood education programs currently housed under the state’s Department of Human Services, Illinois State Board of Education, and the state’s Department of Children and Family Services. Pritzker unveiled the plan last October. He said the current system is an “impossible bureaucracy” for parents and providers to navigate and hopes that one department will make it easier. Senate Bill 1, which would create the new department, has passed the Senate and is currently in the House.

State license for Montessori teachers: Illinois lawmakers are trying to figure out ways to deal with the current teacher shortage. One proposal, Senate Bill 2689, would make it easier for Montessori-trained educators to teach in public schools by creating the Montessori Educator Licensure. Teachers are eligible if they have graduated from a college or university with a bachelor’s degree, received a credential from an institution accredited by the Montessori Council for Teacher Education, the American Montessori Society, or the Association Montessori International, and completed state licensure testing. The Senate’s proposal, which passed, is currently in the House’s Rules Committee.

Police in Chicago Public Schools: The Chicago Board of Education voted in February on a measure to remove Chicago Police Department officers from schools. Currently, 57 officers are spread across 39 high schools. Some community leaders rallied against the board’s decision and said they wanted to keep their schools’ police officers, often referred to as school resource officers, or SROs. House Bill 5008, would allow Local School Councils to contract directly with the Chicago Police Department for school resource officers. The bill is currently in the House’s Rules Committee.

* Shaw Local

State Sen. Rachel Ventura, D-Joliet, is pushing for a trucking fee that could generate $38 million a year for local road repairs.

The bill proposed by Ventura would empower municipalities and counties to impose fees that would range between 50 cents and $8 per semitrailer carrying goods from an intermodal yard.

Senate Bill 2784 originally applied to trucks carrying goods from intermodal yards of more than 3,500 acres, which would have specifically applied to the CenterPoint Intermodal Center yards in Joliet and Elwood.

The bill has since been amended so it would apply to smaller intermodal yards around Illinois as well, Ventura said Wednesday.

SB2784 was re-referred to Senate Assignments last week.

* State’s Attorney Patrick Kenneally

Today, the Illinois Medical Society mustered its public relations arm and furiously responded to Patrick Kenneally’s opposition to SB 3136. As discussed, SB 3136 prevents a state’s attorney’s office (“SAO”) from immediately being notified of an infant born drug positive so that it can file a petition to begin a non-punitive court process wherein all county and substance abuse service agencies collaborate in making sure the baby is safe and mother recovers.

The Illinois Medical Society, in response, stated that “nothing in SB 3136 diminishes the role of the state’s attorney.” It assured further that “to suggest that the Illinois Medical Society would ever support legislation that would put a child in harm’s way is absurd.”

“Representative Mary Beth Canty accused Kenneally of “casting aspersions on physicians,” by voicing his opposition.

Senator Castro was “appalled” at Kenneally’s opposition, claiming that he was attack[ing] and blam[ing] vulnerable new mothers who are struggling to get the treatment they need.

Kenneally responds:

Stating that SB 3136 does not diminish the role of the state’s attorney’s office is flat wrong. The bill makes our knowledge of a drug positive infant contingent upon DCFS, which, if past experience is any guide, will notify an SAO only in rare circumstances. If the SAO is not notified, it cannot file a petition, which means that the court system has no role. The abuse and neglect court system should have a role, in fact, it was designed for exactly these types of circumstances.

With respect to the Illinois Medical Society, I regret the umbrage you have clearly taken at the idea that somebody is contesting your legislation. However, I am judging this legislation by its provisions, not your intentions. While I have high regard for doctors, I think the days of the public reflexively trusting that doctors always know best in multi-disciplinary areas of public policy that are far afield from diagnosing and treating are and should be over.

This is an area that involves community safety and child well-being. Respectfully, we as state’s attorneys have some experience in this area and should have been consulted when this bill was being drafted. We were not. While I see that many health-related organizations support this bill, I see that only one of the 102 state’s attorney’s offices support this bill, and I see no support from a single law enforcement agency.

With respect to Representative Canty, if me saying that doctors overprescribing opioid medication was the cause of the opioid epidemic is me “casting aspersions,” I am happy to refer you or a member of your staff to any number of medical journals, books, articles, and lawsuits that have definitively proven and concluded just that.

Doctors are, for the most part, wonderful, accomplished, and honorable people. The point, which you artfully misinterpret, is that when we are operating in the incredibly complex field of public policy with all its potential ramifications, we should not merely take the word, no matter how earnestly declared, of a group of people who happen to claim the same profession absent sufficient evidence.

As to Senator Castro being “appalled,” okay, but if substance abusing mothers are “vulnerable” and are “struggling,” why would we not direct them to a court that can provide them with the long-term support through services and structure that they may need. Keep in mind too, Senator, it is not just the mother’s well-being that is at issue here.

* SJ-R

Under the Pretrial Fairness Act, the prosecution can seek pretrial detention of an individual accused of domestic violence. Yet, analysis conducted by Loyola University found that prosecutors do not file petitions in the majority of these cases. Those that do file petitions, claiming an individual poses a threat to a person or is liable to flee, are similarly unsuccessful.

The Loyola study looked at four counties — Cook, DuPage, Kane and McHenry — that have made their data public and determined petitions were filed between 16% and 53% of cases. Pretrial detention ranged from 4% to 13%. […]

Both DuPage County State’s Attorney Robert Berlin Senate Minority Leader John Curran claim the law as currently written limits the prosecution’s ability to pursue petitions. Curran, R-Downers Grove, said he plans on filing legislation that will “flip” the burden on the alleged abuser to file a petition to prove they are not an imminent threat. […]

Democrats have in-turn said increased urgency is needed to pass Karina’s Bill, legislation requiring law enforcement to remove any guns from a person who is facing an order of protection. Balancing the safety concerns of domestic violence victims and police attempting to remove these firearms has proven difficult, as the legislation waits in committee. […]

Under the current system, the prosecution is required to file a motion if they believe an individual should be detained pretrial. New legislation from Senate Minority Leader John Curran would “flip” that burden onto the alleged abuser to file a petition to prove they are not an imminent threat.

“This is going to protect more women and children who are the victims of domestic violence, but also it’s going to increase the number of abusers that are actually detained,” Curran, R-Downers Grove, said during a news conference last week.

* NBC Chicago

A new bill under consideration by the Illinois General Assembly would aim to discourage the theft and resale of catalytic converters, with the state having one of the worst rates of such thefts in the country.

According to research cited by bill sponsor Sen. Michael Hastings, more than 2,000 insurance claims were filed between 2020-2022 after devices were stolen from vehicles, the fourth-highest rate in the U.S. during that time according to the National Insurance Crime Bureau. […]

The proposed bill, under consideration by the Senate, would require dealers to keep records of vehicle identification numbers of the vehicles from which the converter was removed, and to note any numbers, bar codes, stickers or other unique markings of the devices.

The bill would require recycling facilities to obtain a copy of the certificate of title or uniform invoice showing the seller’s ownership of the vehicle in transactions involving converters.

* WGN

A bill pending before the Illinois Senate would make it illegal in the state for a teacher to have a sexual relationship with an adult student.

Right now, educators in Illinois can be fired if they’re involved sexually with a student, but there’s no option for criminal charges if the student is 18 or older.

However, a bill that passed unanimously in the Illinois House would criminalize relationships with students ages 18 to 23, if the educator is at least four years older than the student.

Charges would range from misdemeanor to felony, depending on the number of students and the nature of the misconduct.

* Pantagraph

State Rep. Katie Stuart, D-Edwardsville, is looking to pass legislation that would make sexual assault by deception a Class 3 felony.

Sexual assault by deception occurs when a victim only consents to sexual activity under the belief the other person is someone else. Stuart said Illinois does not have this coverage coded into law, but if House Bill 2093 passes, it would close that gap. […]

While lawmakers have been trying to push this kind of legislation through for the past few years, a case where a college student in Indiana unknowingly slept with someone who was pretending to be her boyfriend renewed efforts to reintroduce the bill this session.

Stuart said she has been trying to pass this bill since 2019. It has passed out of various committees and the House a few times since then, but there’s always been a holdup when trying to pass it through the Senate, she said. […]

The bill passed out of the House unanimously in mid-April and is waiting to be assigned to a committee in the Senate.

* Journal Courier

A group of lawmakers and influential environmental advocates are calling for broad changes to the state’s energy industry. […]

The proposals, unlikely to be passed in their current form this year, reveal how influential lawmakers – including the chairs of the Senate Transportation Committee and House Energy and Environment Committee – are navigating the state’s energy transition. […]

The second piece of legislation in the environmentalists’ package, Senate Bill 3935, would institute a “heat decarbonization standard,” requiring gas utilities to reduce their carbon emissions each year, beginning with a 24% reduction in 2031 and 100% by 2050. [..]

The legislation also puts new emissions standards on natural gas building heaters and would require all water heaters sold in the state after 2030 to emit no nitrogen oxide gases. That pollutant can cause harmful health effects and can contribute to the formation of greenhouse gases. […]

The final portion of the policy package is Senate Bill 3636, which would place a suite of new requirements on the Illinois Power Agency and require the state to purchase “energy storage credit,” a financial instrument used when purchasing energy from energy storage facilities. It would be similar to the “renewable energy credits” that the state uses to manage buying electricity from wind and solar installations.

* WAND

A bill moving in Springfield would allow more people to get help from the Illinois Low Income Home Energy Assistance Program.

The plan would expand LIHEAP eligibility to people living in subsidized housing and individuals spending no more than 30% of their household income on rent.

This change could also apply to anyone who is not an energy customer but pays for energy services through their monthly rent. […]

House Bill 4141 passed unanimously out of the Senate Energy & Public Utilities Committee Thursday morning. The proposal now moves to the Senate floor for further consideration. State representatives unanimously approved the measure on April 15.

* Patch

Senator Lakesia Collins and Rep. Yolonda Morris, both Chicago Democrats, have introduced new legislation to help keep Illinois data within the State of Illinois and to create jobs by providing incentives to locate data centers in underserved areas.

The “Keep Illinois Data in Illinois” Tax Credit legislation (Senate Bill 3939, House Bill 5827) will help minority business owners to develop these data storage facilities. The legislation will also help underserved areas of Illinois by giving tax benefits to data centers that are located in “disproportionately impacted areas” of the state. […]

Data centers are one of the best economic investments for municipalities. That’s why Illinois passed a data center tax credit bill in 2021, and the new legislation from Collins and Morris would offer an additional 5 percent credit for minority and women-owned companies that are invested in traditional disinvested areas.

According to a February 2023 report commissioned in part by the Chicagoland Chamber of Commerce, the 13 Chicago-area data center projects approved since 2020 have created more than 8,000 jobs for construction workers and $4.2 billion of direct investment into Chicago-area communities.

* Journal Courier

For more than a decade, farmers like Lieb haven’t been able to fix their high-tech equipment. Until recently, manufacturer restrictions meant only company-authorized representatives could own and use diagnostic tools, and make fixes when needed. […]

[A]dvocates for repair legislation say that the non-binding agreement and the customer versions of tools provided by the companies fall short of needed protections that legislation would ensure. These same advocates are supporting bills across the country, including one introduced this year in the Illinois Senate.

The Illinois bill, Senate Bill 2669, proposes to establish an agricultural equipment bill of rights. It would require manufacturers to make software, firmware and all other tools needed to repair machines accessible to independent repair shops and owners throughout the state at a reasonable cost.

The bill directly addresses the memorandum of understanding, and says that agricultural equipment owners are entitled to any tools or software not covered by the memorandum of understanding. The bill’s sponsor, Sen. Jil Tracy, R-Quincy, declined to comment after multiple attempts by email and in person to reach her. Deere and the other farm equipment manufacturers also did not return multiple requests for comment.

The bill is languishing at the statehouse. According to a spokesperson from the Illinois Corn Growers Association in an email to Investigate Midwest, there’s no chance the bill will pass this year.

* Gambling News

The Illinois legislative session has failed to advance the state’s iGaming efforts so far but not all hope is lost. With three weeks left in the session, there is still time for HB2239 to make progress.

Sponsored by Rep. Edgar Gonzalez, the bill seeks to legalize online casino gaming and allow the state to capitalize on the opportunities offered by the vertical. The bill would create a state Internet Gaming Act, allow three skins per iGaming license and introduce a 15% tax on online gaming.

However, Illinois lawmakers seem to be in no rush to regulate iGaming and have not held a public discussion on the matter yet.

Rep. Dan Didech doubted that the Illinois online casino bill will advance this session but didn’t rule out the possibility completely. In an interview with PlayUSA, the representative said that the measure is a “long shot” because of a lack of momentum.

* Pantagraph

As artificial intelligence’s global popularity continues to skyrocket, Illinois lawmakers are trying to ensure that the state’s laws keep up.

State Sen. Mary Edly-Allen, D-Grayslake, and state Rep. Jennifer Gong-Gershowitz, D-Glenview, are leading the efforts for the legislation filed this session. Gong-Gershowitz and Edly-Allen have tag-teamed on many of them, with Gong-Gershowitz championing them through the House and Edly-Allen championing them through the Senate. […]

House Bill 4875 would protect artists and their work from being used and artificially reproduced for another song or piece of work without their consent. It passed through the House earlier this month with a 79-24 vote. It was assigned to the Senate’s judiciary committee.

House Bill 4762 would add protections to a person’s digital voice and likeness, and passed through the House with a 108-0 vote. It was assigned to the Senate’s judiciary committee.

House Bill 4623 protects children from pornographic content and exploitation. It also passed through the House earlier this month with a 113-0 vote. Edly-Allen said Attorney General Kwame Raoul approached her and Gong-Gershowitz to carry this bill through the legislature. It is currently sitting in the Senate Assignments Committee.

       

8 Comments »
  1. - Suburban Mom - Monday, May 6, 24 @ 10:59 am:

    ===“Keep Illinois Data in Illinois” Tax Credit===

    This is really confusing. I had to read the bill three times to be sure it WASN’T talking about Keeping Illinois Data in Illinois. The bill is about extending a tax credit to build data centers to women- and minority-owned businesses. But the press pop talks about:

    ===Several major hospitals in Illinois have suffered major cybersecurity attacks – including Lurie Children’s Hospital and St. Anthony’s Hospital.

    “At a time when our data is under attack, governments and hospitals should store their data in Illinois,” ===

    And then provides no rationale for why this would be safer or prevent cyberattacks or benefit Illinoisians, other than the tax benefits.

    But the thing is — that neither the politicians nor reporter seem to understand — “Keep Illinois Data in Illinois” is a legal concept with significant ramifications. A huge part of the EU’s GDPR has to do with storing the data of EU citizens physically within the EU. The US government requires certain federal agencies to store US citizens’ data on US soil. China obviously heavily restricts the ability of companies doing business in China to export Chinese citizen data out of the country.

    So when I read “Keep Illinois Data in Illinois” I almost had a heart attack, because that’d be a multibillion dollar regulatory nightmare that would occupy my every waking moment for the next 18 months. But that is … apparently not what we’re talking about, except in a vague and handwavey way to support the case of data centers as good engines of economic activity.


  2. - TheInvisibleMan - Monday, May 6, 24 @ 11:56 am:

    –The Loyola study looked at four counties — Cook, DuPage, Kane and McHenry — that have made their data public–

    I can only imagine how much worse this data would have looked if Will County made their data public.


  3. - loyal virus - Monday, May 6, 24 @ 12:19 pm:

    ‘prosecutors do not file petitions in the majority of these cases’ money quote. Seems about time for state prosecutors (and those in the judiciary) get some competency around domestic violence. Past time, tbh


  4. - Friendly Bob Adams - Monday, May 6, 24 @ 1:01 pm:

    Re: SB1….He said the current system is an “impossible bureaucracy” for parents and providers to navigate and hopes that one department will make it easier.

    Which is what they said (we’re looking at you, Casey Foundation and Jim Edgar) in 1997 when they created the Department of Human Services. That worked out just great, right?


  5. - @misterjayem - Monday, May 6, 24 @ 3:01 pm:

    “prosecutors do not file petitions in the majority of these cases”

    Bob Berlin and John Curran should address the above before tinkering with the Pretrial Fairness Act or burdens of proof.

    – MrJM


  6. - state worker - Monday, May 6, 24 @ 3:16 pm:

    Illinois is very lucky that Sen. Edly-Allen and Rep. Gong-Gershowitz are keeping up with this area of law as most states are dreadfully behind. Please team, keep at it.


  7. - H-W - Monday, May 6, 24 @ 4:14 pm:

    Senate Bill 2669 is long overdue. Thank you Senator Tracy. While we disagree on many issues, you have this one spot on. The farmers I know (your constituents) need to be able to work on their machinery. Allowing Big Ag to patent seeds and every aspect of machinery led to the demise of farming in the 1980s (e.g., the farm crisis represented by the Farm Aid movement). Opening up access to tools and technology would be a positive step in making farming more lucrative and more feasible for future Illinoisans.


  8. - Proud Papa Bear - Monday, May 6, 24 @ 6:37 pm:

    I’m surprised that sexual assault by deception isn’t already a law.
    A few years ago, I re-watched Revenge of the Nerds and was appalled when this was celebrated in the movie.


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