• SB 2801 (Harmon) – Clean UI Trust Fund agreement appropriations bill.
• SB 2953 (Lightford/ Smith) – Increases ME/coroner’s cremation fee
• SB 4244 (Lightford) – Eliminates residency requirement for county school treasurers in Cook County
…Adding… House Speaker Chris Welch…
“I want to thank the diligent work of all members, staff, and everyone who had a hand in this successful veto session. I’m incredibly proud we were able to work together to pass important clarifications to the SAFE-T Act and reach a bipartisan agreement to eliminate the Unemployment Trust Fund debt accrued during the COVID-19 pandemic.
Though we are traveling back home for some much-needed time with our loved ones, our work continues. When we return for the lame duck session in January, our legislative body will have important and time sensitive issues to consider. I look forward to what 2023 will bring and I wish everyone a very happy holiday season.”
* Gov. Pritzker…
Governor JB Pritzker released the following statement after the conclusion of the 2022 legislative session.
“As we conclude the 2022 veto session, I want to congratulate the lawmakers and advocates who came together on behalf of the people of Illinois and made this session a success. Government is at its best when we come together across party lines to make Illinois the best it can be.
“For almost six months, working groups of legislators have been hard at work with victims’ advocates, state’s attorneys, public defenders, law enforcement partners and others to clarify language in the SAFE-T Act, which goes into effect January 1st. I’m pleased that the General Assembly has upheld the principles we fought to protect, including bringing an end to a system where those charged with violent offenses can buy their way out of jail, while others who are poor and charged with nonviolent offenses wait in jail for trial.
“I want to particularly thank the legislators who came together to make this work possible, with a special note of congratulations to Leader Gordon Booth, Representative Slaughter, Leader Sims and Senator Peters.
“This week a historic bipartisan agreement was reached to fully restore our unemployment system after the worst recession since the Great Depression. And the plan also includes adding $450 million more to our still under-resourced Rainy Day Fund. Earlier this week it was my privilege to stand with the leaders in both chambers from both parties who tirelessly sat at the table with business and labor to get this done. “Thank you again to: Leaders Cunningham and Holmes, Senators Rezin and Stoller, Leaders Evans and Hoffman, and Representatives Marron and Ugaste.
“Additionally, we were able to bolster the Reimagining Electric Vehicles Act by adding provisions which will give manufacturers the ability to ramp up production of EV parts and provide additional flexibility as the market evolves. By continuing to pass innovative measures that support the emerging electric vehicle industry in Illinois, we are well on our way to meeting our goal of 1 million electric vehicles on the road by 2030.
“There’s still more work to do, so we’ll be hard at work getting big things done in the 103rd Illinois General Assembly.”
* Comptroller Mendoza…
Today’s vote to pay the remaining $1.3 billion owed to the Unemployment Insurance Trust Fund will save the state $20 million in interest payments and will shore up the state’s Rainy Day Fund in the long term. This is responsible budgeting that shows what can happen when business and labor leaders come together with legislators and state leaders to work out an agreed plan. My Office will collaborate with the Dept. of Employment Security to make the required fund transfers from state funds that will complete this loan. I am also supportive of strengthening the Unemployment Insurance Trust Fund with an additional $450 million to help with future demands on the program and redirect payment back into the state’s Rainy Day Fund. I encourage legislators to also pass my Rainy Day Bill, HB 4118, to require annual payments into the Rainy Day Fund and the Pension Stabilization Fund.
* Cook County Public Defender…
Today, Illinois lawmakers passed technical amendments to the state’s SAFE-T Act, a historic reform that takes the next step in creating a more fair and equitable criminal legal system. The SAFE-T Act, which includes the Pretrial Fairness Act, puts our state in the national vanguard on one of the most important issues of our day – ending wealth-based pretrial jailing that weakens communities and is fundamentally unfair. On Jan. 1, 2023, Illinois will become the first state to fully eliminate money bond, which has made us less safe by needlessly destabilizing the lives of our most marginalized residents.
The passage of trailer bill HB1095, SA2 means that these badly needed reforms are fully ready for implementation on Jan. 1, 2023. The bill contains amendments and clarifications that are in line with the law’s original transformative intent and avoids worsening racial disparities or increasing pretrial jailing. The SAFE-T Act was passed in January 2021, allowing two years for preparation and clarifications ahead of implementation.
“We are immensely proud of the joint work by advocacy and community groups, lawmakers, stakeholders from every part of government, faith-based organizations and system partners who fought back against fearmongering and misinformation and preserved the essence of this landmark justice reform,” said Cook County Public Defender Sharone R. Mitchell, Jr.
* McCombie…
State Representative and House Republican Leader-elect Tony McCombie called the SAFE-T Act cleanup bill “flawed” and says it continues to ignore the blatant errors and disrespects law enforcement and victims of crimes.
“Once again, the Democrats chose to go it alone without involving viewpoints of Illinoisans around the state,” said McCombie. “While this is the fourth attempt to clean up a bad bill, it keeps zero cash bail in place, increases taxes, jeopardizes due process for police officers, and decreases penalties for repeat offenders — making our communities less safe. It is unacceptable to abuse victims in the way the SAFE-T Act allows.”
The SAFE-T Act “cleanup bill” was filed as Senate Floor Amendments 1 & 2 to House Bill 1095. The bill was passed through both the State Senate and State House this week.
“A sincere effort at a bipartisan fix would have involved the minority party, but Democrats chose to go it alone to continue to mislead Illinoisans. This bill does nothing but support criminals, make residents less safe and exploits victims of crime,” said McCombie.
McCombie voted NO on the Amendments to HB 1095, which ultimately passed the Illinois House by a vote of 71-40. Governor Pritzker has indicated he will sign the legislation ensuring the SAFE-T Act and its “zero cash bail” provisions will still go into effect on January 1, 2023.
* INPJ…
The following is a statement from the Illinois Network for Pretrial Justice (INPJ) about their coalition’s success in protecting the Pretrial Fairness Act and ensuring that Illinois will end money bond on January 1st:
“Today, the Illinois House of Representatives and Senate passed House Bill 1095 Senate Amendment 2, a SAFE-T Act trailer bill that amends portions of the Pretrial Fairness Act. The passage of HB1095 SA2 is a testament to the fact communities across Illinois have stood by this legislation even as right-wing operatives sought to mislead them through a multi-million dollar misinformation campaign rooted in racism and outright lies.
“After nearly two full years of intense struggle led by communities across Illinois, we have successfully defended the Pretrial Fairness Act from being rolled back or repealed. On January 1, 2023, Illinois will become the first state in the nation to completely eliminate the jailing of people who are awaiting trial simply because they’re poor—a practice that has devastated Black, Brown, and poor communities across our state for decades.
“From the moment the Pretrial Fairness Act was first passed in January 2021, conservatives and some members of law enforcement have engaged in bad faith arguments and spread outright lies about how the law was developed and passed and the impact it would have on our communities. During this year’s election cycle, right-wing operatives spent tens of millions of dollars spreading anti-Black fearmongering and sending fake newspapers to homes throughout Illinois, attempting to turn Illinoisans against the elected leaders who fought to make Illinois criminal courts fairer. Those attempts to preserve the money bond system—one of the primary drivers of mass incarceration—have failed.
“In addition to protecting the law, the trailer bill passed today includes some significant wins for our movement. Over the last two years, the Illinois Network for Pretrial Justice has worked with stakeholders from every branch of state government to prepare for the successful implementation of this historic law. During that time, we identified clarifications that we believe were needed in order to effectively implement the Pretrial Fairness Act and protect the rights of accused people in the new system. While we took a neutral stance on the legislation as a whole due to some provisions that our Network did not fully support, we are pleased to see many important measures we advocated for included.
“These amendments to the Pretrial Fairness Act are in line with the law’s original intent to lessen racial disparities and decrease pretrial jailing in our state. In addition to these changes, there were also some changes made to the safety and willful flight standards of the law, as well as making some charges previously only detainable under the willful flight standard also detainable under the safety standard. The trailer bill also allows for detention hearings to occur over video in some instances. While we do not support these changes, we do not believe they were significant enough to oppose this bill or delay the implementation of the Pretrial Fairness Act.
“For the last six years, the Coalition to End Money Bond and Illinois Network for Pretrial Justice have worked with people of all walks of life across our state to secure this monumental improvement to our criminal legal system. We want to take a moment to thank each and every one of you who took action with us and made this vision a reality. This transformation of our pretrial justice system is only possible because of the thousands of people who worked to educate and advocate with their friends, neighbors, and elected officials.
“We so deeply appreciate the work of our champions in the Illinois House and Senate that have worked so hard to ensure that our efforts were not in vain. We thank the chief bill sponsors Representative Justin Slaughter and Senators Elgie Sims and Robert Peters, working group leader Representative Jehan Gordon Booth, and Governor JB Pritzker and his staff, whose actions will positively impact the lives of millions of Illinoisans for years to come. We want to especially recognize the hard work and contributions of the legislative staff who shepherded this effort forward: Office of the Senate President Deputy Chief of Staff Ashley Jenkins-Jordan and Chief Counsel to the Speaker of the House of Representatives James Hartmann.
“In this moment, it is important that we remember this change became possible because of the national Black Lives Matter movement in response to police murders of Black people across our country. In 2020, millions of people throughout the United States and the world demanded that governments begin the essential work of addressing the systemic racism that permeates every aspect of our society. Pretrial jailing and unaffordable money bonds became a focal point of that movement following the earlier deaths of Kalief Browder and Sandra Bland. In Illinois, the 2020 COVID-19 spring deaths of Nickolas Lee, Jeffrey Pendelton, Karl Battiste and others awaiting trial in Cook County Jail exposed the potentially deadly consequences of pretrial jailing and increased the pressure to end money bond.
“While we celebrate this moment, we know that our fight is not over. In the coming weeks and months, we will continue to ensure the law is implemented as intended. We look forward to working with people across the state to implement this law and continue the fight to protect our communities!”
* Freedom Caucus…
Chris Miller, the chairman of the Illinois Freedom Caucus is issuing the following statement on the changes to the SAFE-T Act the Legislature approved today.
“The people of Illinois asked for changes to the SAFE-T Act but as is often the case, be careful what you wish for because you just might get it. What we as Illinois residents got was not safer streets and real reforms but rather one of the most far-left pieces of legislation ever passed in Illinois history.
The SAFE-T act now includes provisions to allow criminals charged before the effective date on Jan. 1st to be charged under the new SAFE-T Act rules. It also reduces penalties for repeat offenders and makes consecutive sentencing permissive rather than mandated which means a criminal who awaiting trial could conceivably commit the same crime again and serve both sentences concurrently. The legislation also could put victims of sexual assault in the same room as their abuser within 48 hours of the assault for a detainment hearing.
The changes to the SAFE-T Act are not wholesale changes. They are cosmetic at best. The original intent of the legislation was to radically transform our judicial system and that is still the intent. We don’t need a new criminal justice system. We need a system that is fair and one that protects honest citizens. The concerns about the SAFE-T Act have always been centered on the ramifications this law would have on public safety. Nothing about what the Legislature did today alleviates any of those concerns. The intent has always been to codify the radical policies of far-left prosecutors like Cook County State’s Attorney Kim Foxx into law and that is exactly what this legislation does despite the so-called improvements to the bill.”
The Illinois Freedom Caucus is comprised of State Representatives Adam Niemerg (R-Dieterich); Chris Miller (R-Oakland); Brad Halbrook (R-Shelbyville); Blaine Wilhour (R-Beecher City) and Dan Caulkins (R-Decatur). The members of the Illinois Freedom Caucus are members of the Illinois General Assembly who are advocating for limited government, lower taxes and accountability and integrity in government.
* Yesterday, I poked my head into Secretary of State Jesse White’s office and it looks like it will be getting a fresh coat of paint before Alexi Giannoulias moves in. White’s staff is removing dozens of awards from the walls that White himself put up. Thanks to spokesperson Henry Haupt for these photos of some of Secretary White’s walls before they took everything down…
* More…
* Illinois Secretary of State Jesse White Spreads the Warmth With Coat and Sock Giveaway for Those in Need: On Saturday, Dec. 3, 2022, Illinois Secretary of State Jesse White will host his final public appearance with a coat and sock giveaway to those in need at the Jesse White Community Center at 11 a.m. Chicago-based entrepreneur Ann Jhin, CEO of Jinny Beauty Supply, the largest multicultural and ethnic beauty supply distributor in the world, graciously purchased and donated all 500 coats and 200 Bombas socks for this giveaway to the local community. Following the giveaway, there will be a performance by the internationally renowned Jesse White Tumblers, who have been helping impact the lives of thousands of young Illinoisans for more than 60 years.
* WGEM | Retiring Secretary of State Jesse White reflects on his legacy: “We have put in place a process by which individuals can come to the Secretary of State’s office and be treated in a highly respectful manner and receive the documents that they’re seeking in a timely manner,” White said. White noted that a lot has changed in driver services facilities since he first took over the Secretary of State’s office. People can now avoid long lines at the DMV by setting up appointments over the phone or online. White said he is glad that his offices have the policy to allow seniors, disabled people, pregnant people and military veterans to get to the front of the line for services.
* WLS | Alexi Giannoulias: “I am Thrilled for What We Are Going to do in the Secretary of State’s Office”: Alexi Giannoulias, IL Secretary of State Elect, joins the John Howell show. They discuss Giannoulias’ win, the state of politics today, and plans for the Secretary of State office. Giannoulias also speaks on the launch of the Rev Up Illinois website, a place for IL residents to give their input as to what they want to see in our state.
The IL House just voted 95-11 to pre-authorize 12-year renewals for 8 TIF districts, including 4 in Chicago: • 111th/Kedzie • Galewood/Armitage • Canal/Congress • Madison/Austinhttps://t.co/zasnfEdIKH
On the Illinois GOP’s divisions between conservative and moderate views, Bailey said he wishes the party would unite around conservatism — even in wake of losses in the midterms that favored moderates. He acknowledges, however, that the party needs to find a unified message on certain issues, including abortion.
The party already has a unified message on abortion and that uniformity has cost it dearly.
* What apparently passes for an oppo dump at Illinois Review…
Here in Illinois, Dot Foods, Inc. – a family-owned company that employs more than 6,000 people in the US and Canada – is the nation’s largest distributor of food and related products. Headquartered in Mt. Sterling, IL, the company is owned by twelve siblings, including IL GOP chairman Don Tracy.
Tracy is very proud of the family business, where he is an owner. He brings it up frequently in speeches and it’s even on his bio on the IL GOP website under the section, “Meet Our Chairman.” […]
In 2020, during the height of the pandemic, owners made a $6,193 donation to Joe Biden.
By contrast, in 2018, owners made a $250 donation to President Donald Trump.
And in 2022, owners made a $3,900 donation to US Sen. Lisa Murkowski, R.; a $4,900 donation to US Rep. Rodney Davis, R.; and a $51,000 donation to the Republican Party of Illinois. […]
In 2020, US Rep. Rodney Davis was one of 35 House Republicans to support the January 6th Commission to investigate the attack on the US Capitol – a move that angered Trump.
Several names have surfaced in the last week as potential candidates to replace Tracy, including state central committee member for the 8th District, Dean White; state central committee member for the 15th District, State Sen. Jason Plummer, 54th District; Will County grassroots activist and founder of Illinois Patriots group Christina Clausen; former US Senate candidate Peggy Hubbard; and businessman and former candidate for governor Gary Rabine.
Peggy Hubbard? The person who claimed, with zero actual evidence, a massive conspiracy to steal the Republican primary from her? Who the heck is floating that name?
In the last election cycle, federal campaign disclosure reports show Tracy gave more than $400,000 to various Republican candidates and causes including $93,300 to Trump Victory, the joint fundraising committee for Trump’s reelection, the Republican National Committee and 11 state GOP organizations. He also gave another $2,800 to the president’s personal reelection fund, $92,200 to the National Republican Senatorial Committee and $100,000 to the victory committee established by Senate GOP leader Mitch McConnell.
Tracy has donated more than $400,000 to state candidates and causes since 1999, campaign finance records show, primarily to himself and his sister-in-law, but also to local GOP causes and candidates in Springfield. He also gave $25,000 to the successful effort to defeat Democratic Gov. J.B. Pritzker’s effort to have voters approve a graduated-rate income tax amendment to the state constitution on Nov. 3.
Tracy also has given more than $10,000 over the years to Family PAC, a socially conservative group that has fought abortion and gay rights in Springfield, state records show. Tracy has long opposed abortion rights and has touted his support of gun-owner rights.
Q: What happens to those currently detained on Jan. 1?
A: Those currently detained can request to have the new system applied to their situation. To make this manageable for courts, there will be a tiered system for granting hearings on these requests. These hearings are to determine whether they should be released.
• Lowest level offenses (example: petty shoplifting) hearings must be within 7 days of request.
• Those detained but considered flight risks would get hearings within 60 days.
• Those considered to be potential threats to safety get hearings within 90 days.
This system is designed to give the court extended time to examine requests involving more serious cases.
Trespassing
Q: Can police detain or arrest someone from trespassing?
A: Yes. The Pretrial Fairness Act always allowed this. This amendment clarifies that a police officer can arrest someone for trespassing if …
• The person poses a threat to the community or any person;
• *Arrest is necessary because criminal activity persists after issuance of the citation; or
• The accused has an obvious medical or mental health issue that poses a risk to their safety.
If the above conditions are not present, a citation would be issued.
*Note: This provision was added to clarify the intent of the initial Pretrial Fairness Act.
Dangerousness standard
Makes consistent throughout the entire act what a prosecutor must show to detain an individual on grounds the individual is a threat. This “dangerousness standard” is: the person poses a real and present threat to any person or persons or the community, based on the specific, explainable facts of the case.
Detention net
Adds non-probationable felonies, forcible felonies, hate crimes, attempts of crimes that are otherwise detainable, and others to the list of crimes that qualify someone for detention. The underlying goal for all of this is that dangerous people should be detained while those who merely lack resources and do not pose a threat should not.
Judicial arrest warrants
Clarifies that judges can issue arrest warrants or summons when someone misses their court date. They currently lack this flexibility.
A summons is an official notice to appear in court.
An arrest warrant tells police to arrest and detain.
Also clarifies what constitutes “willful flight” to stress that the intent is to detain those who are actively evading prosecution, not someone who failed to appear in court because, for example, they missed their bus.
Religious Action Center of Illinois, Labor Council, Troopers Lodge 41, Illinois Alliance for Reentry & Justice, ACLU of Illinois, Live Free Illinois, Chicago FOP Lodge 7, IL Fraternal Order of Police, Illinois Council of Chief Defenders, Illinois State Bar Association, Illinois Sheriffs’ Association, Illinois Justice Project, Illinois Network for Pretrial Justice, Illinois Assn of Chiefs of Police, SAFER Foundation, Cabrini Green Legal Aid, Illinois Network for Pretrial Justice, Law Office of the Cook County Public Defender
FOP and the ACLU. Not bad.
No groups have registered in opposition as of this writing. The Chicago Alliance Against Sexual Exploitation has registered as a proponent.
…Adding… Good point…
Illinois Senate Republicans raise objections to the revised SAFE-T Act leaving non-violent burglary out of the list of detainable offenses. The bill allows judges to detain suspects accused of home burglary or "burglary where there is use of force against another person." pic.twitter.com/86dM7lmQbH
*** UPDATE 2 *** Senate President Harmon just said there was a “technology issue” that kept members from voting. Could be a redo…
*** UPDATE 3 *** Harmon moved to reconsider the vote. Motion passed. They’re checking the equipment now.
*** UPDATE 4 *** New roll call…
*** UPDATE 5 *** Press release…
Senate President Don Harmon (D-Oak Park) issued the following statement today after the Senate passed legislation clarifying certain portions of the Pretrial Fairness Act:
“Our goal when we passed the Pretrial Fairness Act nearly two years ago was to overhaul a broken criminal justice system, one in which dangerous people could buy their way out of jail while people accused of non-violent crimes remain detained as they await their day in court simply because they lack resources.
“The measure we passed today preserves that goal while providing clarifications to eliminate any misunderstandings and ensure the implementation of this groundbreaking reform is smooth.”
*HB1095 is now pending before the Illinois House.
*** UPDATE 6 *** Since this topic was repeatedly mentioned during the debate…
Re-upping this because of another press conference: The Pretrial Fairness Act makes it *harder* for defense attorneys to call victims to the witness stand in detention hearings. #twillhttps://t.co/cYxf1Fc51r
*** UPDATE 7 *** Just barely passed. Democratic Reps. Tarver and Yingling did not vote…
…Adding… Very close…
Dem Reps. Fred Crespo+Jawaharial (Omar) Williams were the two last-minute aye votes that pushed the bill to the 71-vote threshold required for an immediate effective date. Was a long open roll call (not the longest I’ve ever seen). Dem Reps. Curtis Tarver+Sam Yingling didn’t vote https://t.co/Zq2SEEcZjC
Just a year after passing major new tax incentives to lure electric vehicle makers here, the Pritzker administration is aiming to sweeten the pot.
Legislation introduced in Springfield today that [quickly passed the Senate 49-5] would both widen and extend to up to 30 years payroll tax credits for those who work here under the existing Reimagining Electric Vehicles in Illinois law, known as the Rev Illinois Act. […]
Mark Denzler, who heads the Illinois Manufacturers’ Association and worked on both Rev Illinois and the new plan, said the state has learned something from those losses and by talking to other companies whose plans are not yet final.
“We’ve seen we’ve come up short in some cases, so we’re tweaking,” Denzler said after testifying on behalf of the bill. “It means we’re listening to what we’ve heard from the companies that didn’t choose Illinois, and from companies that are still considering if they want to come here.”
Fact sheet from the Pritzker administration…
HB 5189, SA#3 is an initiative to provide improvements to the Reimagining Electric Vehicles in Illinois (REV Illinois) Act. The changes in this amendment are in direct response to conversations with industry stakeholders as we aggressively recruit companies in the rapidly evolving electric vehicle sector for Illinois investment.
Updates the Definition of “Component Parts Manufacturers” to Reflect Current Market Conditions
20 ILCS 686/10
In response to the reality of market conditions, these changes support existing Illinois manufacturers in the ramping up of their production of EV component parts while giving them flexibility to decrease their more traditional lines as demand decreases.
• Removes the need for a component parts manufacturer under the Act to primarily produce EV component parts
• Removes the “substantially” portion of definition of “retained employee” for component parts manufacturers
• Allows production of any component part of an electric vehicle to be considered eligible for the credit
Supports Existing Illinois Automakers to Transform Their Current Plants to EV
20 ILCS 686/30
• Improves the REV retention credit by increasing the tax credit available against incremental income tax attributable to retained employees at applicant’s project to 75% (from 25%) statewide or 100% (from 50%) for those locating or expanding in an Underserved or Energy Transition Area
Allows for Renewal of REV Agreements
20 ILCS 686/15 & /40
• Enacts a renewal clause that allows for businesses to renew the incentive for one additional term
• Allows the Department to put in parameters (i.e new & retained jobs, capital investment) for renewal
Allows Businesses Flexibility in Determining Which Incentives Work Best for Them
20 ILCS 686/20
• Provides the authority for EDGE recipients who are REV eligible to trade in their EDGE agreement for a REV agreement and receive REV benefits
• Provides that if a manufacturer falls out of compliance with REV because they are no longer producing EVs or component parts, but they are otherwise meeting employment and investment thresholds, then they can receive EDGE benefits without having to restart the process
Note: HB 5189, SA#3 also includes a technical change to ensure 120% wage requirement is met utilizing quality data compensation calculation under REV
The Predatory Loan Prevention Act instituted a 36% interest rate cap on loans in Illinois, but some lawmakers say pawnbrokers are skirting the law.
A Sangamon County judge issued a preliminary injunction against the cap after pawnbrokers filed a lawsuit against the Illinois Department of Financial and Professional Regulation.
Legislation is pending in Springfield that would close the loophole and require Illinois pawnbrokers to charge no more than 36% APR for their loans.
A Woodstock Institute investigation showed that Illinois pawnbrokers were overcharging active-duty service members on loans with interest as much as 240%. Federal law is also supposed to cap those interest rates for service members. […]
Kelly Swisher, president of the Illinois Pawnbrokers Association, said the loans they deal with are usually short term.
“Typically 30 to 60 days, so we are captured under [the Truth in Lending Act], so we have to put down the 240%, but in actuality, it is a very short period of time,” Swisher said.
Woodstock Institute notes that nationally, annual interest rates on pawn loans are as low as 12%, much lower than the proposed 36%.
Moving to Chicago last year, content creator Jazmine Thompson needed some extra cash to cover rent and expenses. She pawned her laptop computer and three professional cameras, receiving with it two $800 loans.
The interest rate on the loans was about 150% requiring her to pay $8,000 in loan fees over the course of 12 months. Not able to cover those expenses, Thompson decided to stop paying back the interest on her loans and has not regained her property. […]
“I’d like to point out that during COVID, the shutdowns, we were considered an essential business by this government,” Swisher said, who owns a pawn shop in Arlington Heights. “Now, all of a sudden, we are the enemy.”
IPA represents more than 200 pawnbrokers with a variety of specialties throughout the state, including three in Springfield, which makes setting a statewide standard a challenge. Above all, Swisher claims the measure will cause many shops to go out of business.
* Center Square on a bill that has been stuck in House Rules Committee since April…
A measure some at the Illinois statehouse hope to advance would give voting rights to incarcerated individuals serving time in county jails or state or federal prisons.
Senate Bill 828 is sponsored by state Sen. Mike Simmons, D-Chicago, and, if passed, would overturn current law that states anyone serving a sentence in a federal or state prison, county jail, or on work release is ineligible to vote. […]
State Rep. Adam Niemerg, R-Dieterich, claims the legislation was brought forward for the wrong reasons.
“A voter block such as this raises some questions about the unintended consequences of this piece of legislation,” Niemerg said. “Perhaps, they are the intended consequences of this being a Democratic voter drive, so to speak.”
By framing it this way, isn’t he also saying he’s opposed because he’s protecting Republican political interests?
* Politico on the measure to implement the unemployment insurance trust fund agreed bill…
As we mentioned Wednesday, this would be a supplemental budget that might prompt lawmakers to try to tack on additional goodies. But Republicans are saying they won’t be on board unless the measure is strictly focused on paying off unemployment debt. That will be fine with Pritzker. He wants the measure to have bipartisan support and doesn’t need the drama of add-ons.
Watch for hiccups: The proposal will be part of a supplemental budget, which could become a Christmas tree for lawmakers who want to negotiate items or bills for their own purposes.
This is an agreed bill. There’s no mucking around with agreed bills. And it’s also not an appropriations bill, supplemental or otherwise. We’ll see a supplemental approp next year.
…Adding… There is an approp bill, and the Senate is debating it now. However, there was no mucking around with it.
…Adding… The actual implementation bill passed the House by a wide, bipartisan margin.
Ricardo is a tireless civil servant who dedicates himself to the 68th district constituents both on and off the clock. He has overseen one of the most engaged and active offices I have ever seen, hosting hundreds of community events and services annually. Outside of the office, Ricardo serves on several boards for local organizations, and can always be spotted out-and-about supporting his community. This guy is amazing and the definition of above and beyond when it comes to civil service!
Runner-up is awarded to Rep. Kelly Cassidy’s chief of staff Torrence Gardner.
An incredible advocate for constituents, Megan is not afraid to ask tough questions to get results for those she’s helping. She’s organized and tireless, tenaciously digging into complex issues to get questions answered or issues rectified. The result is a professional operation that does a tremendous job serving constituents on a diverse set of issues in an area where services and resources are sometimes in short supply. It would be difficult to estimate how many folks she’s helped in the western part of the state in this role.
Runner-up is awarded to Carrie Andre with Rep. Steve Reick’s district office.
Congratulations!
* On to today’s categories…
Best State Senate Staffer - Non Political
Best State House Staffer - Non Political
Communications staff will have their own category this year, so save those nominations for later. Please try your best to nominate in both categories and don’t forget to explain your nominations. The object is to sell your pick to the rest of us.
* And, if you get a minute today, please consider clicking here and donating to Lutheran Social Services of Illinois to help buy presents for foster kids like these…
The United States remains in a heightened threat environment. Lone offenders and small groups motivated by a range of ideological beliefs and/or personal grievances continue to pose a persistent and lethal threat to the Homeland. Domestic actors and foreign terrorist organizations continue to maintain a visible presence online in attempts to motivate supporters to conduct attacks in the Homeland. Threat actors have recently mobilized to violence, citing factors such as reactions to current events and adherence to violent extremist ideologies. In the coming months, threat actors could exploit several upcoming events to justify or commit acts of violence, including certifications related to the midterm elections, the holiday season and associated large gatherings, the marking of two years since the breach of the U.S. Capitol on January 6, 2021, and potential sociopolitical developments connected to ideological beliefs or personal hostility. Targets of potential violence include public gatherings, faith-based institutions, the LGBTQI+ community, schools, racial and religious minorities, government facilities and personnel, U.S. critical infrastructure, the media, and perceived ideological opponents.
Duration
Issued: November 30, 2022 02:00 pm
Expires: May 24, 2023 02:00 pm
Additional Information
• Several recent attacks, plots, and threats of violence demonstrate the continued dynamic and complex nature of the threat environment in the United States.
• Some domestic violent extremists who have conducted attacks have cited previous attacks and attackers as inspiration. Following the late November shooting at an LGBTQI+ bar in Colorado Springs, Colorado—which remains under investigation—we have observed actors on forums known to post racially or ethnically motivated violent extremist content praising the alleged attacker. Similarly, some domestic violent extremists in the United States praised an October 2022 shooting at a LGBTQI+ bar in Slovakia and encouraged additional violence. The attacker in Slovakia posted a manifesto online espousing white supremacist beliefs and his admiration for prior attackers, including some within the United States.
• Recent incidents have highlighted the enduring threat to faith-based communities, including the Jewish community. In early November 2022, an individual in New Jersey was arrested for sharing a manifesto online that threatened attacks on synagogues. The individual admitted to writing the document, in which he claimed to be motivated by the Islamic State of Iraq and ash-Sham (ISIS) and hatred towards Jewish people.
• While violence surrounding the November midterm elections was isolated, we remain vigilant that heightened political tensions in the country could contribute to individuals mobilizing to violence based on personalized grievances. Over the past few months we observed general calls for violence targeting elected officials, candidates, and ballot drop box locations.
o In October 2022 in San Francisco, California, an individual allegedly broke into the home of a Member of Congress and attacked their spouse with a hammer. The individual arrested for this crime was allegedly inspired by partisan grievances and conspiracy theories.
o Several elected officials, candidates, and political organizations received threatening letters with suspicious powders, which, while found not to be dangerous or toxic, were likely intended to target the political process. Voting for the midterm elections has concluded, but certifications for some elections will continue through December 2022, and some social media users have sought to justify the use of violence in response to perceptions that the midterm elections were fraudulent, citing technical difficulties at voting sites and delays in certifications.
• Perceptions of government overreach continue to drive individuals to attempt to commit violence targeting government officials and law enforcement officers. In August 2022, an individual wearing body armor and armed with a firearm and a nail gun attempted to forcibly enter the Cincinnati, Ohio Field Office of the Federal Bureau of Investigation (FBI). When uniformed officers responded, the individual fled the scene, resulting in a pursuit and eventual shots fired by responding officers. In the days preceding the attack, the individual called on others to acquire weapons and kill federal law enforcement, claiming he felt he was fighting in a “civil war.”
• Some domestic violent extremists have expressed grievances based on perceptions that the government is overstepping its Constitutional authorities or failing to perform its duties. Historically, issues related to immigration and abortion have been cited by prior attackers as inspiration for violence. Potential changes in border security enforcement policy, an increase in noncitizens attempting to enter the U.S., or other immigration-related developments may heighten these calls for violence.
* AP | Illinois Dems tighten parts of criminal justice overhaul: More crimes would be added to a list that could disqualify defendants in court from being released while awaiting trial under follow-up legislation to a contentious criminal justice overhaul
* Tribune | Illinois lawmakers file amendment in effort to clarify SAFE-T Act’s most controversial elements: It was unclear if the amendment pitched by Peters had enough support to pass both chambers of the General Assembly, but legislators were expected to take up the issue before Thursday’s scheduled adjournment for the year. Under the proposal, defendants charged before Jan. 1 would have the option to remain under the old bail system, or be moved to the new system.
* Crain’s | Pritzker moves to bulk up state’s EV tax incentives: Other provisions would loosen the definition of an EV worker and appear aimed at existing automakers in Illinois, especially Stellantis and Ford. They have huge conventional auto assembly plants in Illinois that could be converted to EV production, but likely only after years of preparation and work.
* Northwest Herald | Unemployment fund solution an apparent win-win: On Tuesday, Gov. JB Pritzker had a press conference to announce plans to resolve the remaining balance. Subject to lawmaker approval, $1.36 billion will directly pay off the outstanding balance and the state will loan $450 million, interest free, to the fund. Over the next decade, the fund can pay back that money, and the state will funnel it to reserve funds.
* Crain’s | Billionaires are getting their tax bills, too. Here’s what they owe.: Crain’s took a look at the biggest residential bills in the city for the full tax year. If your tab feels big, take heart: Citadel chief Griffin, by far the biggest residential property taxpayer in the city, is on the hook for a little more than $1.96 million.
* Tribune | State commemorates Barack Obama’s 2007 presidential announcement with marker at Old State Capitol: The roughly 47–by-44-inch marker, which stands on the southeast corner of the Old Capitol grounds in downtown Springfield, also commemorates Obama’s 2008 announcement that then-Sen. Joe Biden of Delaware would be his running mate. It adds historical resonance to a building most famous as the site of Abraham Lincoln’s “House Divided” speech to the 1858 Republican State Convention.
* WBEZ | As Mayor Lori Lightfoot runs again, a look at who’s backing her and who’s looking elsewhere: Acree’s endorsement, along with the support of several other prominent figures, helped Lightfoot gain the support she needed within the city’s Black communities — building on the momentum she garnered among white liberal voters along Chicago’s lakefront. Lightfoot will likely seek support from Black community leaders again as she works to build a base among voters on Chicago’s South and West Sides in her 2023 reelection campaign. But Acree is one of many who endorsed Lightfoot in 2019 and is not sure whether he’ll make the same choice again.
* Block Club Chicago | Chicago’s Youngest Mayoral Hopeful, Ja’Mal Green, Wants Cops, Not Taxpayers, To Pay For Police Misconduct: “I spent so many years fighting for a better city for the next generation of Chicagoans and hoping that leaders that I’ve met, consulted with and brought forward ideas to would start to understand the real underlying problems,” Green said. “I’m still at a point where all of my life, I cannot name a time where there was a leader in our city that really did the right thing.”
* ABC 7 | Metra riders closely watching rail strike actions that could affect their service: Six Metra lines could be impacted by a freight rail strike, and riders are carefully watching negotiations and actions by Congress. With so many of the nation’s economy dependent on freight transportation, by some estimates $2 billion a day, a rail strike has the potential to be incredibly disruptive. Congressional action to block a work stoppage is needed to avoid the December 9 deadline.
* Larry Yellen | After a swastika was sprayed on my parents’ headstone, it seems like hatred toward Jews will remain forever: The Jewish cemetery in my hometown of Waukegan, Illinois is so small that I recognize the names of almost everyone there. Many of them danced at my Bar Mitzvah, or played mahjong with my mother. All of them were members of a thriving Jewish community in Waukegan that has since disappeared. But on the Monday following the recent Veterans’ Day weekend, a new name appeared in the Congregation Am Echod Jewish Cemetery. It was spray-painted onto a headstone. “Kanye was rite.” (sic).
* Block Club Chicago | Neighbors Vow To Fight Proposed Black-Owned South Loop Dispensary: Some residents want to block a plan to open a Black-owned dispensary in the South Loop, saying the business would exacerbate crime and traffic. Family Roots is proposing a $650,000 project to convert an old Potbelly’s into a dispensary at 1147 S. Wabash Ave. The proposal received key zoning approval in September but requires signoff from the Zoning Board of Appeals before it’s a done deal.
* WJBC | At the state Capitol, the sights and sounds of the season are in full force: The Rotunda of the state Capitol is starting to fill up with holiday displays. So far there is a tree, a Nativity scene, a menorah, and a poster from the secretary of state’s office explaining the First Amendment. If past is prologue, they’ll soon be joined by a poster from the Freedom from Religion Foundation and a sculpture from the Satanic Temple of Illinois. One year there was even a Festivus pole.
* Politico | Never mind, Musk says — accusation against Apple was a ‘misunderstanding’: Elon Musk publicly retracted his accusations that Apple had threatened to remove Twitter from its App Store — two days after his claim unleashed a tsunami of Republican attacks and threats of reprisals against the iPhone-maker. In fact, the billionaire said in an unusually cordial tweet late Wednesday it was all just a big mix-up that Apple CEO Tim Cook managed to resolve in a “good conversation.”
* From the Tribune’s story about the newly proposed SAFE-T Act revisions…
[Sen. Robert Peters], a sponsor of the original SAFE-T Act, was joined in filing Wednesday’s amendment by Democratic state Sen. Scott Bennett from Champaign, a former prosecutor who drafted his own proposed changes to the SAFE-T Act in September.
That’s hugely important.
The Senate will be taking up the amendment tomorrow morning.
And the bottom line, the bottom line is, frustrating as it is, early mail-in voting is what nailed us. That’s just simply all there is to it.
Mail-in voting would’ve helped, but Bailey lost by something like 12 points. I mean, if it helps convince Republicans to stop behaving against their own interests and start early voting, then fine. But that wouldn’t have won him the race and if that’s the only lesson the GOP learns, then they’ll never amount to much here.
Bailey went on to say some really off the wall things. But since he’s not running for anything at the moment, I’ll just leave it at that. Kinda tired of the rantings.
* Press release…
State Representative Dan Brady (R-Bloomington) today issued the following statement regarding his selection to be a part of Secretary of State-elect Alexi Giannoulias’ transition team:
“During the campaign I stressed that the office of Secretary of State should be more about public service than public policy. I have had the unique experience of working with Secretary White on the issues of distracted driving, organ and tissue donation, senior citizen services, and services for individuals with special needs.”
“I am honored that Secretary-elect Giannoulias is rising above party politics by drawing on that experience to make the office the best that it can be. I may be leaving elected office in a few short weeks, but I have always desired to help the people of Illinois in any way that I can. I appreciate this opportunity to use my unique knowledge to help enhance a statewide office that affects the lives of more Illinoisans on a daily basis than any other.”
Today, Congresswoman Jan Schakowsky, a Senior Chief Deputy Whip and Chair of the Consumer Protection and Commerce Subcommittee of the Energy and Commerce Committee, issued the following statement after voting in support of H.J. Res. 100, ratification of the Tentative Agreement, which increases wages and benefits for rail workers, preserves the right-to-strike in the long-term, and ensures American families can access the goods and services they will need this holiday season and throughout the year, and H. Con. Res. 119, which would increase the number of sick days in the tentative agreement from one to seven days:
“I did not take this vote lightly, as I am a strong supporter of collective bargaining, and am proud that the state of Illinois has enshrined the right to bargain collectively into its Constitution.
“Let me be perfectly clear – the leadership of American railroads should be ashamed of themselves. They have spent the better part of a decade hollowing out their workforce, in pursuit of quarterly profits and at the behest of Wall Street, thus creating an untenable situation for many workers.
“This gross mismanagement brought us to where we are today and put Congress in a position it should have never been in. Collective bargaining is sacred, and Congress should not intervene in it unless the circumstances are at least as dire as they are today. The work is never done, and that is the case today. Congress must work to undo the operational changes made by railroads over the last decade that have devastated railroad workers.
“I call on the Senate to support the improvements the House made to the Tentative Agreement as reflected in H. Con. Res. 119, which would provide workers with seven days of paid sick leave.”
Railroad press release 2…
Congresswoman Mary Miller (R-IL) released the below statement on her vote to avert a rail strike impacting the agriculture industry:
“Amtrak Joe” promised to be the railroad President, but he failed to bring both sides to an agreement to prevent a catastrophe. I voted today to prevent a railway stoppage that would bring the agriculture industry and the transportation of food in our country to a grinding halt. Farmers rely upon rail and are already suffering from the Biden Diesel Crisis and the Biden Supply Chain Crisis, they cannot face another crushing blow to their ability to operate their farms and provide food to the American people.”
* Three citations in a single day?…
On November 29, 2022, the Illinois State Police (ISP) issued citations in three separate traffic crashes involving move over law violations, (otherwise known as “Scott’s Law”) violations. Two of the three crashes involved Illinois Department of Transportation vehicles. The first crash occurred on Interstate 70 eastbound near milepost 64, near Vandalia (Fayette county) in District 12. The second crash occurred on Interstate 94 northbound near 142nd Street (Cook county) in District Chicago. The third crash involved vehicles belonging to a private contractor performing roadway work on US 67 northbound at US 34 (Warren county) in District 14. Injuries were reported in two of the three crashes. The at fault drivers in all three crashes were cited for violating Scotts Law.
ISP is reminding the public of the requirements of Scott’s Law. When approaching an emergency vehicle, or any vehicle with its emergency or hazard lights activated, drivers are required to slow down AND move over. A person who violates Scott’s Law, commits a business offense and faces a fine of no less than $250 or more than $10,000 for a first offense. If the violation results in injury to another person, the violator’s driver’s license will be suspended for a mandatory period of anywhere between six months and two years. All 50 states have mandatory move over laws to protect first responders, roadway maintenance workers, roadside workers, and all motorists traveling on the road.
* Tonight? Already?…
Before you watch Rudolph the Red-Nosed Reindeer on @CBS tonight, here’s my story on how this story was created right here in Chicago:https://t.co/XdSPAL6M3t
* Center Square | This Is the Poorest City in Illinois: Among the 91 places in Illinois with available data and populations of at least 25,000, East St. Louis ranks as the poorest. The typical East St. Louis household earns $24,009 a year, compared to the statewide median household income of $68,428.
* SJ-R | Nativity scene installed at Illinois Capitol, joins menorah; other religious displays to follow: The displays can be placed in the Capitol as the organizers are privately based and not affiliated with the state of Illinois. Indeed, one of the event’s organizers, Julie Zanoza, mentioned that the state called the Christmas tree located next to the display a “holiday” tree, even though most people would recognize the holiday that it represents.
* SJ-R | In Illinois, congressional action to avert rail strike necessary or ‘horrible precedent’: Asked on Tuesday whether he supported congressional action, Gov. JB Pritzker indicated that he supported the president’s decision. “Railroads are extraordinarily important, especially right now because we are having trouble with barges on the Mississippi” he said. “We cannot have a situation in which the supply chain is cut off because there is a mass railroad strike.”
* Sun-Times | Another suburban Chicago resident gets 18 months probation for Jan. 6 role: Dawn Frankowski, 54, was arrested in Naperville in September 2021 and charged along with David Wiersma of Posen, who on Tuesday was also sentenced to 18 months of probation. Both pleaded guilty in late August to misdemeanor parading, demonstrating or picketing in a Capitol building.
* WBEZ | As new federal judge takes over court-ordered reforms, CPD faces blistering criticism over its efforts so far: A new chapter began Tuesday as Dow handed over the gavel to Judge Rebecca Pallmeyer after he was tapped to be Chief Justice John Roberts’ chief of staff. During a court hearing, Dow reflected on his work on the consent decree, which he called “the most challenging, the most vexing, the most time-consuming and, in many ways, the most rewarding case that I’ve had in my 15 years on the bench.”
* WBEZ | Illinois’ weed workers are unionizing at a record pace. Now comes the hard part.: This surge in union election wins in the cannabis industry is a glimmer of hope for organized labor, which has seen its ranks decline for the past half-century, from a high of 35% in 1954 to 12% today. Most of the unionized workforce is now in the more welcoming public sector — and the reason why recent union campaigns at two of the most well-known Fortune 500 companies, Amazon and Starbucks, have captured public attention.
* Axios | Illinois hoping for earlier presidential primary: Members of the Democratic National Committee meet tomorrow to determine a new primary structure and schedule for the 2024 presidential primaries. Why it matters: The DNC has signaled it’s moving on from Iowa as the first Midwest state to hold primary voting.
* WTTW | It Was a Busy Month for Illinois Politics : Between Election Day and more candidates entering the race for Chicago mayor, it was a busy month for politics. Take our November News Quiz to see how much you know.
* Tribune | Meet the winners of the Tribune’s 2022 Holiday Cookie Contest: From a delicious shortcut using Rolo candies in decadently chocolatey cookies, to the sweet cinnamon lacing our third-place sugar cookie recipe, each of the winning cookies has a unique touch that left a lasting impression on our dozen judges from the Tribune newsroom. And yet, two of them can be made in under an hour.
* As of 2:40 today, our LSSI fundraiser had reached $12,725. While needs vary for each child, $25 is the average cost of a Christmas gift. A big thank you to all who have donated. Let’s keep this going!
* You’ve probably seen the news already that Christine McVie has died. I’ve always believed that she wrote one of the best love songs ever. So, let’s take a moment…
And I wish you all the love in the world
But most of all, I wish it from myself
Gov. JB Pritzker on Tuesday announced the terms on which Illinois will finally repay the remaining debt owed by the state’s unemployment insurance trust fund to the federal government. […]
It was political theater — spin and fiction — with lawmakers slapping themselves on the back for yet another supposed triumph of fiscal prudence. […]
Repayment of the loan doesn’t solve the problem. Aside from paying off the loan, the trust fund must be restored to a positive balance sufficient to cover claims. The fund depleted a little over $1 billion that it had before the pandemic, which was already insufficient at the time. It now needs another $1.7 billion to be restored to solvency, which came out in the Q &A at the Tuesday press conference.
Where will that additional $1.7 billion come from? Nobody said and no reporter asked. Pritzker did say that, aside from paying off the loan, the state will provide the trust fund with another $450 million towards that $1.7 billion which, he said, will “replenish the fund for the future.”
But that additional $450 million is only a loan to the trust fund, to be paid off over ten years. In other words, the state is just swapping one debt for another.
And how about the remaining $1.25 billion the fund needs? Nobody addressed that on Tuesday.
I reached out to the business folks from the agreed bill process and was told that the repayment actually does restore the trust fund balance sufficient to cover claims – and then some. I was pointed (not wirepointed, just pointed) to this IDES projection showing the end-of-year net trust fund balances produced by the deal…
This deal was backed by more than 30 employer groups. The Illinois Retail Merchants Association’s president Rob Karr said the agreement would ensure employers “pay over $900 million less in taxes over the next five years than they otherwise would have.” Mark Denzler at the Illinois Manufacturers’ Association echoed the $900 million tax savings and said the deal preserves “the solvency of the Trust Fund at a time of economic uncertainty.”
* Background is here if you need it. From the First District Appellate Court with an opinion authored by Justice Joy Cunningham and Justices Hoffman and Delort concurring…
This consolidated appeal of 10 cases arises from the circuit court of Cook County’s orders finding the appellant, Marc D. Smith, who is the director of the Department of Children and Family Services (DCFS), in indirect civil contempt of court. The contempt finding was imposed on Director Smith for not finding appropriate placements for each of the minors in question as ordered by the trial court. This court granted motions to consolidate the cases on appeal because of the similar fact patterns, arguments, and findings by the trial court in each of the cases. Each case is directed against Director Smith in his official capacity. The Office of the Public Guardian of Cook County filed petitions for rules to show cause on behalf of each of the minors in these consolidated cases. The Office of the Public Guardian of Cook County asserted that Director Smith and DCFS did not find appropriate placements for the minors in either a residential treatment center or a specialized foster home as ordered by the trial court. After the issuance of a rule to show cause and a contempt hearing conducted by the trial court, the trial court found Director Smith in indirect civil contempt of court for failing to place each of the minors in appropriate placements as ordered by the court. As a result of the trial court’s contempt finding, Director Smith was initially fined $1000 per day by the trial court. In order to purge the contempt finding and its consequences in each case, the trial court ordered that each minor in the specific case before the court be placed in an appropriate setting.
On appeal, Director Smith argues that the circuit court erred by (1) finding that he should be held in indirect civil contempt in each minor’s case; (2) alternatively finding that the consent decree entered in B.H. v. Smith, 88-C-5599 (N.D. Ill. 1997), an unrelated case, did not bar the court from finding him in contempt; and (3) finding that the Integrated Care Center at Aunt Martha’s (ICC) was not an appropriate placement for the minors in question and therefore did not purge the contempt finding imposed upon him.
For the following reasons, we reverse the judgments of the circuit court of Cook County.
The court then goes over all of the consolidated appeals and the numerous, often failed, efforts made by DCFS employees to place kids in appropriate settings.
In the cases before us, there are no disputes amongst the parties that DCFS did not comply with the trial court’s orders to place each of the minors in an appropriate residential treatment center or specialized foster home, based on the recommended level of care needed by the minor, by a date certain imposed by the court. Therefore, a primafacie case was made in each case that Director Smith did not comply with the trial court’s orders. The parties dispute, however, whether Director Smith and DCFS were unable, through no fault of their own, to place each minor in an appropriate residential facility or foster home in accordance with the court’s orders. Thus, the parties disagree regarding whether Director Smith met his burden of proving his inability to comply with the court’s placement orders within the given time parameters.
Director Smith claims he made every possible effort to place the minors appropriately in accordance with the court’s orders but circumstances beyond his and DCFS’s control prevented the appropriate placements within the time mandated by the trial court’s orders. For example, he cites the unwillingness of various residential treatment centers to take some of the minors, such as R.A. On the other hand, the GAL and the amicus curiae brief focus their arguments on various methods that were not employed by DCFS to secure appropriate placements for the minors in accordance with the trial court’s orders. They argue vigorously that there were other avenues available to DCFS to secure appropriate placements for the minors, yet DCFS continued to employ ineffective methods that it should have known would fail.
Because we believe R.A.’s situation is illustrative of the main issues and arguments regarding whether DCFS and Director Smith’s actions were willful and disregarded the trial court’s order, we focus our analysis of this issue on R.A.’s particular situation. We note, also, that the trial court specifically found that Director Smith had “ignored’ the trial court’s orders in the majority of the cases in which the court made a contempt finding. […]
As explained, the record shows that while DCFS’s efforts were clearly ineffective, the trial court’s orders were not ignored. Accordingly, the court’s ruling that its orders were ignored, thereby resulting in a finding of indirect civil contempt by Director Smith, was erroneous. […]
Further, it should be noted that R.A., like each of the minors in question, presented with very complicated histories, personal circumstances, and specific treatment plans. It was, therefore, appropriate for the trial court to address Director Smith’s argument regarding whether he was able to comply with the trial court’s orders. The trial court did not entertain any such consideration, however.
While we recognize that the court could reasonably have been frustrated by the pace of Director Smith and DCFS in finding appropriate placements for the minors, the record belies the trial court’s written finding that Director Smith and DCFS “ignored” the court’s orders. On the contrary, the record bespeaks a great deal of activity by DCFS following each court order, notwithstanding that the activity was, at times, seemingly inefficient and clearly ineffective. Notwithstanding, that activity shows that DCFS made efforts to comply with the court’s order to place each minor by a date certain prior to the trial court’s contempt finding. We note that in L.R.’s case, for example, DCFS did follow up with a residential treatment center to offer services to make the placement feasible for L.R. That residential treatment center still declined L.R., so that effort was fruitless. Although the effort failed to amount to L.R. being appropriately placed, it cannot be said that Director Smith “ignored” the trial court’s order in that case as the court found in its contempt ruling. […]
The only activity that the trial court could consider in determining whether there was compliance with its orders was the activity of Director Smith and DCFS after the date of the entry of the court’s orders for appropriate placement of each minor. Therefore, any arguments regarding how Director Smith and DCFS handled the placements of the minors before the placement orders are irrelevant to a finding of contempt in each of these consolidated cases. […]
While it does not appear that DCFS and Director Smith demonstrated a sense of urgency to find appropriate placements for the minors, clearly some efforts were made. Although we do not condone DCFS’s repetitive use of the same ineffective methods to place minors in these cases, we cannot say, in light of the record in each of these cases, that Director Smith ignored the trial court’s orders to find appropriate placement for the minors. Further, the trial court gave no consideration to DCFS’s ability to comply within the specified time imposed the complexity of these cases, the resources available, and the time parameters imposed by the trial court, it would have been appropriate for the court to consider DCFS’s argument regarding its inability to comply. Accordingly, we find that the trial court abused its discretion in entering findings of indirect civil contempt against Director Smith in each of these consolidated cases. […]
Nevertheless, although we acknowledge that DCFS and Director Smith did make some efforts to comply with the placement orders, those efforts fell woefully short of expectations. DCFS is tasked with providing for some of the state’s most vulnerable youth, who present a wide range of significant challenges. The fact that some of the minors were hospitalized beyond medical necessity or left in inappropriate placements for months, or even over a year in some instances, is absolutely unacceptable. While the trial court erred in the methods it employed to coerce Director Smith into action in these cases, it is clear that the trial court was attempting to address a serious, widespread problem. We note that the trial court ultimately achieved its goal of having all the minors at issue placed in appropriate settings. Thus, the ultimate goal was achieved. […]
CONCLUSION
For the foregoing reasons, we reverse the judgments of the circuit court of Cook County in each of the consolidated cases addressed in this opinion, except in appeal Nos. 1-22-0233 and 1-22-0540, where we vacate the judgments.
Thoughts?
…Adding… From DCFS…
“We are pleased that the Appellate Court found the contempt orders were erroneous. As the Appellate Court described, DCFS has been actively working to secure clinically appropriate placements for these children. Based on the record of DCFS’ actions, the Appellate Court found it was an abuse of the trial court’s discretion to hold the agency in contempt. DCFS will continue working closely with the trial court to ensure children are placed as quickly as possible in clinically appropriate settings, as we have done with each of the youth cited in the contempt orders. After years of neglect by prior administrations and staffing challenges worsened by a global health pandemic, DCFS has, under the current leadership, continually added therapeutic beds to ensure that children with medically complex conditions and behavioral challenges are placed in the appropriate settings.”
Background:
This administration’s efforts are showing demonstrable results. DCFS has dramatically reduced the number of children who are “beyond medical necessity.” Today, the number of youth who are “beyond medical necessity” is down by more than 80 percent.
Key takeaways from the ruling:
“The court’s ruling that its orders were ignored, thereby resulting in a finding of indirect civil contempt by Director Smith, was erroneous.” (page 42)
“In each case, the trial court held Director Smith in indirect civil contempt while also acknowledging that DCFS actively engaged in trying to find appropriate placements for the minors. At times, the court commented on the activity in which DCFS was engaged in trying to secure appropriate placements for the minors. The trial court, nonetheless found that Director Smith was in contempt for failing to comply with the court’s placement orders, opining that DCFS had ‘ignored’ the trial court’s orders. Such a ruling was inconsistent with the record.” (page 42)
“We find that the trial court abused its discretion in entering findings of indirect civil contempt against Director Smith in each of these consolidated cases.” (page 45)
* McLean County radio station Cities 92.9 organized a bus trip to the January 6 insurrection…
The Cities 92.9 legion is joining with thousands of others expected to descend on the nation’s capitol, and support President Trump’s claims that the election was rigged.
A bill sits and stares gun owners and dealers in the face as fall veto session and lame duck session approaches.
“I have one of these guns sitting on my counter for just under $9,000, so anybody that owns these…is the government going to give you your money back? They pick this one caliber and they get it passed. Is it going to be the .308 next? Where does it end?”asked Matt Garvin, a concerned guns dealer at Guns & Glory in LeRoy, Illinois.
A source within Illinois State Police tipped off Cities and said there is an “assault weapons ban” to be implemented the coming weeks.
* Woodstock Institute press release…
Despite groundbreaking legislation passed into law last year capping consumer loan interest rates at 36%, a Sangamon County court issued an injunction allowing pawnbrokers to ignore the statewide interest rate cap. Legislation is pending in Springfield that would fix the problem and require Illinois pawn brokers to charge no more than 36% APR for their loans.
“Pawnbrokers are not shy about exploiting a loophole that allows them to make predatory loans to our veterans as well as all other Illinoisans,” State Senator Jacqueline Y. Collins (D-Chicago) said. “I’m asking my colleagues in the legislature to close this loophole by voting for my bill.” The legislation is Senate Bill 4241.
State Rep. Sonya Harper (D-Chicago) is sponsoring the same bill in the House (House Bill 5840). A wide swath of organizations and individuals support the legislation, including the Catholic Conference of Illinois, the United Way of Illinois, the NAACP, and the Illinois Hispanic Chamber of Commerce. (See fact sheet)
Collins and Harper were joined at a press conference today by a woman named Jazmine T., who took out two $800 pawn loans to help her with moving expenses. With a triple digit interest rate, she ended up paying more than $8,000 in loan fees and lost property.
“Enough is enough. Illinoisans are fed up with loans that charge triple digit interest rates and prey on vulnerable families,” State Representative Sonya Harper said. “Fortunately, all we need to do is pass legislation that will fix this problem.”
Earlier this month, Woodstock Institute released the results of an investigation showing that Illinois pawnbrokers are overcharging active-duty servicemembers, who have long been protected (or meant to be protected) by a federal law that caps the interest rate on loans to active-duty servicemembers at 36%. In the course of the investigation, pawn shops charged 240% APR or higher in 19 out of 20 transactions.
“Our investigation shows that this problem is not an isolated incident,” said Horacio Mendez, president and CEO of Woodstock Institute. “The best way to solve it is by requiring Illinois pawnshops to comply with the state 36% interest rate cap. That way, pawnbrokers are relieved from having to determine customers’ military status and all customers, including veterans, are protected from predatory interest rates.”
The state’s 36% interest rate cap was part of the Legislative Black Caucus’s “Economic Access Pillar” created in the wake of the events of 2020 that shined a light on racial inequities across the country. There is considerable evidence that predatory lending disproportionately impacts Black, Brown, and underserved communities. See, e.g., High-interest loans in Chicago target Black neighborhoods (Nov. 26, 2021). In 2020, the average income of a payday loan borrower was only $37,582 according to data published by the Illinois Department of Financial and Professional Regulation.
“If the intention of a statewide consumer loan rate cap is to help prevent wealth stripping and and predatory practices, then we need to make sure the state law closes the loophole that allows pawn shops to continue preying on our most vulnerable and historically under-resourced communities,” Springfield Mayor Jim Langfelder said.
A recent poll regarding the impacts of the state interest rate cap shows that by a margin of more than 2 to 1, Illinoisans oppose “exceptions for pawnbrokers.” Eighty-six percent of Illinoisans support the PLPA rate cap.
State lawmakers are debating a bill to push back the New Year’s Day gas tax hike.
Instead of the scheduled gas tax hikes on Jan. 1 and July 1, 2023, House Bill 5829 pushes back the next inflation adjustment to July 1, 2023. Gov. J.B. Pritzker’s election-year budget put off the July 2022 gas tax hike until after the election on Jan. 1.
The House bill is still on First Reading and was assigned to Rules, so they haven’t debated it.
* More…
* Batinick introduces Property Tax Relief Legislation for last week of veto session: Rep. Batinick’s property tax plan would result in an eventual 50% reduction in property taxes in some of the hardest-hit areas of the state. According to the Tax Foundation, Illinois was ranked the second highest state in the nation in terms of property tax rates at 2.05% in 2020. A September 2022 report by The Civic Federation identified that in tax year 2020, property tax extensions for all Illinois taxing districts were $33.8 billion, of which 61.5% was for school districts.
* IL. Rep. Denyse Stoneback Wants To Criminalize Free Speech During Elections: When a politician names something the “Truth In Politics Act” you can bet its actual meaning is the opposite of its title. Illinois State Representative Denyse Wang Stoneback has introduced HB5850 which would criminalize certain speech directed at political campaigns. The bill prescribes criminal and civil penalties for certain election speech and adds speech requirements for political campaigns.
* The 2022 Golden Horseshoe Award for Best Legislative Assistant/District Office Manager - Senate Democrats goes to the late Ivan Gonzalez…
Ivan Gonzalez was a great guy. Hard worker, knew his politics and genuinely a really nice guy. Always had a smile on his face and could make a joke out of thin air. But he seemed to have at least 40 years of experience in him even though I am not sure he was even 40 yet. I had looked forward to working with him for years to come. A shame he left us too early.
Ivan stomped on the terra.
Runners-up are Jack Lockhart in Senator Gillespie’s office and Mavi Silva in Sen. Castro’s office.
* The 2022 Golden Horseshoe Award for Best Legislative Assistant/District Office Manager - Senate Republicans goes to Cathy Scaife, mainly based on this strong nomination from Sen. Jason Barickman…
Affectionately known as Mama Scaife around the SGOP caucus and elsewhere, I’d like to proudly nominate Cathy Scaife.
I like to keep a lot of balls in the air and am often asked how I can keep my head on straight. The answer, quite simply, is having top notch staff and Cathy is at the top of my list. Session days can be crazy, yet Cathy takes it all in stride. Her cheerful attitude and attention to details makes my Session days manageable. Her lunch buffet is the best food in the Capitol - many of my colleagues, our staff, lobbyists, and even a few constituents, have repeatedly shown up at my office around lunch because of Cathy’s generosity…and persistence that they eat our food.
My constituents love Cathy and know that if they really want to get something done, they should call her. I’ve heard countless praises from my constituents, thanking me for having Cathy be a part of our team. Her persistence results in constituent issues moving along when they appeared to be stuck. She defies the wildly misguided notion that state employees aren’t hard workers.
And I’ve never seen her have a bad day.
Our State has lots of tremendous employees, and this year, I’m honored to tell you why Cathy is among them.
Runner-up is Sheila Sims in Sen. Anderson’s office.
Congratulations!
* On to today’s categories…
Best Legislative Assistant/District Office Manager - House Democrats
Best Legislative Assistant/District Office Manager - House Republicans
Remember to try and do your best to nominate in both categories. I know that’s not always possible, but give it a whirl if you can. Also, please explain your nominations. That’s the most important thing.
* And after you’ve voted, or even if you don’t vote, please click here and donate to Lutheran Social Services of Illinois and help buy presents for foster kids. I mean, just look at the face of this foster child after he received an LSSI present. See how happy he is? You can spread even more of that joy by clicking here and donating…
* WILL 100 | Illinois House Speaker Chris Welch on abortion, the SAFE-T act, labor rights, and more.: Republicans in the Illinois House and Senate have chosen new leaders to begin in January 2023, but Democratic lawmakers are going to continue under their current leaders. In the Illinois House, that means another term for Speaker Emanuel “Chris” Welch. He joined The 21st to discuss cash bail, the recently passed Workers’ Rights Amendment, the state budget, and more.
* Tribune | CEOs of Jewel, Mariano’s parent companies defend proposed megamerger before Senate lawmakers: At a hearing in Washington, D.C., before the Senate Judiciary Committee’s panel on Competition Policy, Antitrust, and Consumer Rights, U.S. Sens. Amy Klobuchar, D-Minn., and Mike Lee, R-Utah, expressed concern that the proposed merger would lead to higher food prices at a time when Americans are already facing inflated food costs. Groceries were up 12.4% in October when compared with the same time last year, according to the Bureau of Labor Statistics.
* Effingham Radio | IL Freedom Caucus Calls for End of Consent Calendar in the Illinois House of Representatives: The Consent Calendar is a list of bills bundled together and voted on in one roll call vote. The list of bills includes ceremonial legislation such as measures to change the name of roads to honor members of the community, but the list also includes substantive legislation. The Illinois Freedom Caucus is issuing the following statement on the need to end the Consent Calendar.
* WCIA | Sangamon County Father of the Year receives statehouse proclamation : Dave Dahl, the news director of Springfield radio station WTAX, was awarded Father of the Year from the Illinois Council on Responsible Fatherhood back in early October. On Tuesday, representatives from the Illinois House of Representatives recognized Dahl with a proclamation.
* Tribune | As candidates for Chicago mayor jockey for union support, ‘Chuy’ García lands a big labor endorsement: With the business community largely sitting out the mayor’s race so far, union support will be especially critical in determining who sits on the fifth floor at City Hall. Mayor Lori Lightfoot has tried to ally herself with trade unions, while Cook County Commissioner Brandon Johnson has received support from progressive labor groups including the Chicago Teachers Union, SEIU 73 and SEIU Healthcare.
* Daily Southtown | Mokena’s ‘Walking Man’ reaches 25,000-mile goal on eve of 87th birthday: Tom Sullivan’s journey “around the earth” began with a single step back in 2000, when he made a new year-new century goal to walk a thousand miles. Last month, the 87-year-old financial planner — yes, he’s still working — logged his 25,000th mile, the equivalent of the circumference of the earth.
* WSIL | Illinois & Missouri monitoring potential avian flu outbreaks in waterfowl: According to the Illinois Department of Natural Resources (IDNR), more than 300 waterbirds, primarily snow geese, have died of suspected avian bird flu at public hunting areas in southern Illinois. The deceased wild birds have been found at Baldwin Lake, Pyramid State Recreation Area, Rend Lake, and Carlyle Lake in recent days.
Law enforcement shall issue a citation in lieu of custodial arrest, upon proper identification, for those accused of any offense that is not a felony or Class A misdemeanor unless (i) a law enforcement officer reasonably believes the accused poses a threat to the community or any person, (ii) a custodial arrest is necessary because the criminal activity persists after the issuance of a citationtraffic and Class B and C criminal misdemeanor offenses, or of petty and business offenses, who pose no obvious threat to the community or any person, or (iii) the accused has anwho have noobvious medical or mental health issueissuesthat posesposea risk to the accused’s theirown safety. Nothing in this Section requires arrest in the case of Class A misdemeanor and felony offenses, or otherwise limits existing law enforcement discretion to decline to effect a custodial arrest Those released on citation shall be scheduled into court within 21 days.
Seems reasonable.
…Adding… New language on what happens to people in jail on January 1. The so-called “Purge Law”…
On or after January 1, 2023, any person, not subject to subsection (b), who remains in pretrial detention and is eligible for detention under Section 110-6.1 shall be entitled to a hearing according to the following schedule:
(1) For persons charged with offenses under paragraphs (1) through (7) of subsection (a) of Section 110-6.1, the hearing shall be held within 90 days of the person’s motion for reconsideration of pretrial release conditions.
(2) For persons charged with offenses under paragraph(8) of subsection (a) of Section 110-6.1, the hearing shall be held within 60 days of the person’s motion for econsideration of pretrial release conditions.
(3) For persons charged with all other offenses not listed in subsection (a) of Section 110-6.1, the hearing shall be held within 7 days of the person’s motion for reconsideration of pretrial release conditions.
That gives the state’s attorneys time to prepare. Section 110-6.1 is here.
…Adding… Cleanup of the constitutional requirement for bail…
Pretrial release. “Pretrial release” has the meaning ascribed to bail in Section 9 of Article I of the Illinois Constitution where the sureties provided are nonmonetary in naturethat is non-monetary.
(b)At all pretrial hearings, the prosecution shall have the burden to prove by clear and convincing evidence that any condition of release is necessary.Additional conditions of release, including those highlighted above, shall be set only when it is determined that they are necessary to assure the defendant’s appearance in court, assure the defendant does not commit any criminal offense, and complies with all conditions of pretrial release.
(c) When it is alleged that pretrial release should be denied to a person upon the grounds that the person presents a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case, the burden of proof of such allegations shall be upon the StateDetention only shall be imposed when it is determined that the defendant poses a specific, real and present threat to a person, or has a high likelihood of willful flight. If the court deems that the defendant is to be released on personal recognizance, the court may require that a written admonishment be signed by the defendant requiring that he or she must comply with the provisions of Section 110-12 of this Code regarding any change in his or her address. The defendant may be released on his or her own recognizance upon signature.The defendant’s address shall at all times remain a matter of public record with the clerk of the court. A failure to appear as required by such recognizance shall constitute an offense subject to the penalty provided in Section 32-10 of the Criminal Code of 2012 for violation of the conditions of pretrial release.
