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Thursday, Apr 21, 2022 - Posted by Rich Miller

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*** UPDATED x1 *** Rotering, Curran removed from Supreme Court ballot

Thursday, Apr 21, 2022 - Posted by Rich Miller

* Background is here (scroll down) and here (/snark) if you need it. Illinois State Board of Elections

Awaiting reaction.

*** UPDATE *** Rotering campaign yesterday…

Illinois Supreme Court candidate Nancy Rotering and the other candidates affected by yesterday’s Illinois State Board of Elections’ ruling will be filing an appeal in court today. They will request an expedited hearing and stay of the electoral board decision. We are disappointed that the Illinois State Board of Elections acted contrary to its own Candidates’ Guide and the recommendations of its Hearing Officer and General Counsel that Nancy Rotering’s name appear on the ballot as a candidate for Supreme Court Judge. We believe the courts will ultimately support the right of the voters to choose their Supreme Court candidates in the June 28 primary election.

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Protected: *** UPDATED x1 *** SUBSCRIBERS ONLY - Supplement to today’s edition

Thursday, Apr 21, 2022 - Posted by Rich Miller

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

Thursday, Apr 21, 2022 - Posted by Rich Miller

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Moody’s upgrades Illinois’ credit rating for second time in less than a year

Thursday, Apr 21, 2022 - Posted by Rich Miller

* Moody’s

Moody’s Investors Service has upgraded the issuer rating of the State of Illinois to Baa1 from Baa2. Moody’s has also upgraded the following: to Baa1 from Baa2 the rating on the state’s outstanding general obligation bonds, and to Baa1 from Baa2 the rating on the state’s outstanding Build Illinois sales tax bonds. Moody’s has affirmed the Baa3 rating on outstanding Metropolitan Pier & Exposition Authority bonds that are partially paid with state appropriations. The outlook is stable.

RATINGS RATIONALE

The upgrade to Baa1 reflects the state’s solid tax revenue growth over the past year, which expanded its capacity to rebuild financial reserves and increase payments towards unfunded liabilities. The state is on track to close the current fiscal 2022 with its strongest fund balance in over a decade, which is net of complete repayment of borrowing from the US Federal Reserve’s Municipal Liquidity Facility and reflects continued progress towards paying down accounts payable. The state is also increasing pension contributions, indicating increased commitment to paying its single-largest long-term liability.

The rating balances the state’s recent financial progress with underlying challenges that will remain in place for some time. These challenges include heavy long-term liability and fixed cost burdens that constrain the state’s financial flexibility and contribute to a weak financial position compared to other states, despite the recent improvement in fund balance. Moreover, the Illinois economy has for the past decade expanded at a slower pace than most states and will likely continue to do so given a weak population trend.

The Baa1 rating on general obligation bonds is the same as the issuer rating and incorporates the availability of the state’s broad revenue base to pay the bonds.

The Baa1 rating on the Build Illinois sales tax bonds primarily reflects the lack of legal and physical separation of the pledged tax revenue from the state’s general financial activities. This lack of separation caps the rating at the level of the state’s issuer rating, despite strong coverage of debt service by pledged sales taxes levied on a very broad economic base.

The Baa3 rating on the Metropolitan Pier & Exposition Authority bonds is two notches lower than the state’s issuer rating. This reflects the moderate legal framework associated with the bonds and the less essential nature of the financed convention center. The moderate legal framework assessment incorporates the subject-to-appropriation nature of funds necessary to meet debt service requirements.

RATING OUTLOOK

The stable outlook balances the financial progress being made by the state with the uncertainty of the present economic climate. The state’s lean financial reserves, and heavy long-term liability and fixed cost burdens make it more vulnerable than other states to a negative shift in the national or global economy, which presently limits the probability of further rating improvement.

FACTORS THAT COULD LEAD TO AN UPGRADE OF THE RATINGS

    - Continued improvement in state financial performance as indicated by, for example, growing fund balance

    - Accelerated economic expansion, especially as compared to other states, that indicates sustained and strong revenue growth

    - Moderation of the state’s long-term liability and fixed cost burdens

    - Maintenance of fiscal management practices that support growth in reserves and stronger pension contributions

FACTORS THAT COULD LEAD TO A DOWNGRADE OF THE RATINGS

    - Slow revenue growth that intensifies budgetary pressure or weakens fund balance

    - Growth in leverage (debt or other unfunded liabilities) or the state’s fixed cost burden

    - A material drop in available liquidity

    - A departure from fiscal management practices that support growth in reserves and stronger pension contributions

…Adding… Media advisory…

Updated Daily Public Schedule: Thursday, April 21, 2022
What: Gov. Pritzker to host press conference announcing the state’s third credit upgrade.
Where: James R. Thompson Center, Blue Room, 15th Floor
When: 1:30 pm
Watch: www.illinois.gov/livevideo

…Adding… Speaker Chris Welch…

Speaker Welch’s Statement on Moody’s Credit Rating Upgrade

“Illinois is well on its way to long term fiscal surety. Moody’s credit rating increase is further affirmation that Democrats are getting Illinois’ finances back on track through steadfast, responsible leadership. We’ve turned Bruce Rauner’s $17 billion debt into a surplus, and now we’re using that financial stability to make historic investments in human services and public safety, and put money back into the pockets of hardworking families. This is the financial responsibility Illinoisans deserve.”

…Adding… Gov. Pritzker…

Governor JB Pritzker celebrated the state’s improved bond rating from Moody’s Investor Service on Thursday, the second such upgrade by Moody’s in less than a year and third overall in two decades. Since taking office, Gov. Pritzker has tirelessly focused on strong and responsible fiscal management, working with the General Assembly to hold the line on spending while making key investments to strengthen Illinois’ outlook.

Moody’s last upgraded the state’s bonds in June of 2021 and today’s upgrade credited the state’s “solid tax revenue growth over the past year” which expanded the state’s ability to rebuild financial reserves and increase payments toward unfunded liabilities. Moody’s noted that Illinois is “on track to close the current fiscal 2022 with its strongest fund balance in over a decade,” its progress in repaying its debts, and its increased pension contributions, taken as an indication of the state’s increased commitment to paying its pension debt.

“Illinois was in a deep hole in the years before I was sworn into the governorship, and together with the General Assembly, step by step, we are putting Illinois on firm fiscal footing,” said Governor JB Pritzker. “This credit upgrade means Illinois will likely pay a lower interest rate, saving taxpayers hundreds of millions of dollars in the coming years. I would like to especially thank Speaker Welch, President Harmon, Leader Greg Harris, Senator Elgie Sims, Comptroller Susana Mendoza and Treasurer Michael Frerichs for their partnership. There’s more work to be done, but step by step, rung by rung, we are steadily climbing the ladder out of a hole that was dug over decades. Illinois’ future is bright.”

The upgrade follows the enactment of the state’s fourth balanced budget in a row, while providing $1.8 billion in tax relief to the working families of Illinois and marked Illinois’ first contribution to a Rainy-Day Fund in 18 years, as well as a $500 million overpayment toward the state’s pensions. The historic budget places Illinois it its strongest financial position in a generation while funding key investments for education, human services, law enforcement and violence prevention.

Moody’s upgraded Illinois’ rating on its General Obligation bonds to Baa1 stable outlook from Baa2 stable outlook, and also upgraded Build Illinois sales tax bonds to Baa1 from Baa2 while maintaining their stable outlook. Moody’s affirmed the Baa3 rating and stable outlook on outstanding Metropolitan Pier and Exposition Authority bonds that are partially paid with state appropriations.

The rating of a state’s bonds is a measure of their credit quality. A higher bond rating generally means the state can borrow at a lower interest rate, saving taxpayers millions of dollars.

Between 2015 and 2017, the State of Illinois suffered eight credit rating downgrades and sat at the top of many analysts’ lists of the worst managed states in the nation. At its worst, Illinois’ bill backlog hit nearly $17 billion.

Key Actions – Responsible Fiscal Management

Fiscally responsible choices over the last three years have resulted in historic progress toward financial stability in Illinois.
Illinois’ FY2023 budget:

    • Deposits $1 billion to the Budget Stabilization Fund (BSF) across FY2022 and FY2023 - the first deposits in 18 years. Also creates ongoing, permanent funding for BSF for the first time.
    • Contributes an additional $500 million directly towards state unfunded pension liabilities, reducing long-term liabilities by an estimated $1.8 billion
    • Pays down $4 billion in debts across FY2022 and FY2023, including eliminating the payment delays in the employee and retiree health insurance program through $898 million in FY2022 supplemental appropriations.
    • Keeps pace with payment of the state’s bills, with estimated bill payment delays at the lowest levels since before the Great Recession, saving taxpayers hundreds of millions in unnecessary interest costs

…Adding… Comptroller Mendoza…

For the second time in less than a year, Moody’s Investors Services, one of the “Big Three” credit rating agencies in the United States, announced Thursday that it upgraded Illinois’ credit rating.

Moody’s cited the state’s use of tax revenue growth to rebuild its financial reserves (Rainy Day Fund) and the increase of pension contributions among reasons for the upgrade. Moody’s also noted the state’s shrinking accounts payable, which stands at $2.7 billion today, a massive reduction compared to the $16.7 bill backlog in 2017.

Proof of the state’s commitment to shoring up its Rainy Day Fund comes today as Comptroller Susana A. Mendoza transfers the first installment – $400 million from the General Revenue Fund – into the Budget Stabilization Fund (Rainy Day Fund). She is also sending $300 million to the Pension Stabilization Fund. Under the budget passed by the General Assembly and signed by Governor JB Pritzker, the state will commit $1 billion to the Rainy Day Fund, as well as an additional $500 million to the Pension Stabilization Fund, saving Illinois taxpayers $1.8 billion – similar to homeowners making an extra payment to reduce the principal on a mortgage.

This is exactly the kind of responsible budgeting Comptroller Mendoza and the credit rating agencies have called for.

“I knew that through our smart fiscal management, this upgrade was on the horizon,” Comptroller Mendoza said. “This is not by chance. Even before a penny of American Rescue Plan Act (ARPA) federal stimulus dollars came to Illinois, the Illinois Office of Comptroller methodically paid down the state’s bills and shortened the bill payment cycle. I thank Moody’s for continuing to recognize this remarkable progress with their second upgrade in less than a year, and I look forward to more good news ahead as Illinois continues to gain solid financial footing. This is a great day for Illinois.”

Today’s news follows an upgrade from Moody’s on June 29, 2021, which was the first upgrade the state had earned in more than two decades. The next week, on July 8, S&P Global also upgraded the state’s credit rating.

This means the state has now earned three credit rating upgrades in less than a year, all while managing to come back from the 2015-2017 budget impasse and astutely maneuver the financial challenges wrought by the COVID-19 pandemic.

In addition to the transfers into the Rainy Day and Pension Stabilization Funds, Comptroller Mendoza on Thursday also directed $230 million to protect funds invested by families into the College Illinois! pre-paid college tuition program.

All told, within two days of the Governor signing the fiscal year 2023 budget earlier this week, the Illinois Office of Comptroller already made significant movement by making $1 billion of essential payments toward the recovery of Illinois’ finances into the Rainy Day, Pension Stabilization, College Illinois, and Group Health Insurance funds.

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4th Appellate District justices unanimously rule that Judge Grischow abused her discretion with her CPS covid testing TRO

Wednesday, Apr 20, 2022 - Posted by Rich Miller

* Some background on this particular case is here if you need it. The 4th Appellate District recently ruled that testing and vaccine mandates are not “a form of quarantine” and that public employers have the right to mandate vaccines, but that ruling was not in direct response to any of Sangamon County Judge Raylene Grischow’s decisions in favor of Republican attorney general candidate Tom DeVore’s clients. Today’s decision does apply to one of Judge Grischow’s odd rulings. The decision was unanimous

The temporary restraining order entered on behalf of the plaintiffs is vacated.

On April 8, 2022, the Sangamon County circuit court issued a temporary restraining order (TRO) on behalf of the following plaintiffs who are teachers employed by defendant, the Board of Education of the City of Chicago School District No. 299, and members of the Chicago Teachers Union (union): Lena Carrillo, Ashley Rafalin, Yalila Assria-Herrera, Margarita Mayas, Mary Kelly, and Vanessa Rodriguez. Defendant appeals, asking this court to vacate the TRO for a variety of reasons. After considering the arguments of the parties, we hold the circuit court erred in granting the TRO and vacate the TRO.

BACKGROUND

On October 15, 2021, defendant announced its employees who had not submitted proof of vaccination for COVID-19 could continue working if the employees took a COVID-19 test on a weekly basis. Under defendant’s policy, a teacher who did not provide proof of vaccination or comply with required weekly testing could be deemed ineligible to work and placed on a nondisciplinary administrative leave until the teacher complied with the policy of either vaccination or weekly testing. A teacher’s continued noncompliance with the policy could result in disciplinary action. […]

On April 8, 2022, the circuit court granted plaintiffs’ motion for a TRO. The court indicated plaintiffs had presented a legitimate issue as to defendant’s authority to implement its policy because the Department “is the entity that has ‘general supervision of the interests of the health and lives of the people of the State, has supreme authority in matters of quarantine and isolation, and may declare and enforce quarantine and isolation when none exists and may modify or relax quarantine and isolation when it has been established.’ See 20 ILCS 2305/2.” The court then stated it had previously found “vaccines and testing are forms of quarantine which are subject to due process.” Further, the court indicated defendant had not identified any statutory authority authorizing it to create a policy requiring its employees to either receive the COVID-19 vaccine or test weekly. […]

ANALYSIS […]

Ordinarily, a circuit court’s decision to grant or deny a motion for a TRO will not be disturbed unless the court abused its discretion. […]

In its order granting the TRO, the circuit court indicated the General Assembly has “made it clear that plaintiffs have a due process right to object before being subjected to vaccination, testing, isolation, or quarantine, all of which are alleged to prevent the spread of an infectious disease.” However, the statute relied upon by the trial court does not state a public school district must obtain a court order before it can place a teacher on unpaid administrative leave for refusing to either get vaccinated or tested on a weekly basis. Instead, the statute affords an individual the right to due process if he or she does not consent to an order from the Department or a certified local health department. This case does not involve a situation where the Department or a certified local health department has ordered plaintiffs to do anything. […]

At issue in this case is a policy that only applies to defendant’s employees. Plaintiffs argue neither defendant nor other school districts are “the protectors of overall public health.” We agree but fail to see how this bolsters plaintiffs’ position on appeal. Defendant’s policy is not calculated to maintain the health of the community at large. Nothing in the policy restricts the plaintiffs’ activities, movement, or interactions anywhere outside of the workplace. Finally, we stress the weekly test defendant is requiring plaintiffs to take is noninvasive, nonharmful, self- administered, free to the teachers, available on school property, and can be taken during paid working hours. While it may be questionable why only unvaccinated employees are required to take these weekly tests, the tests and the manner defendant makes the tests available to its employees do not appear unreasonable.

Based on the specific facts and arguments in this case, we are not persuaded plaintiffs have demonstrated a likelihood of success on the merits. As a result, we vacate the TRO issued by the circuit court.

For the reasons stated above, we hold the circuit court erred by granting plaintiffs’ motion for a TRO. Therefore, we vacate the TRO issued by the circuit court on April 8, 2022, at 2:22 p.m.

This decision was filed under the court’s Rule 23, so it does not set precedent.

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« NEWER POSTS PREVIOUS POSTS »
* Your moment of zen
* Isabel’s afternoon roundup
* Illinois receives $430 million federal pollution reduction grant
* Today's quotable
* The Internet is forever, Rodney
* Edgar Fellows Class of 2024 unveiled
* Uber Partners With Cities To Expand Urban Transportation
* Governor Pritzker endorses Kamala Harris for president (Updated)
* Mayor Johnson's actual state ask is $5.5 billion, and Pritzker turns thumbs down
* Open thread
* Isabel’s morning briefing
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Selected press releases (Live updates)
* Pritzker, Durbin, Duckworth so far keeping powder dry on endorsing VP Harris (Updated x7)
* Biden announces withdrawal from reelection (Updated x3)
* Yesterday's stories

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