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Huge win for Bring Chicago Home supporters as appellate court vacates lower court’s ruling (Updated)

Wednesday, Mar 6, 2024 - Posted by Rich Miller

* First Appellate District

The City of Chicago and Defendants Board of Election Commissioners for the City of Chicago appeal a final order of the circuit court in favor of the Plaintiffs, a collection of local business and real estate organizations. At issue is whether the circuit court erred by enjoining the Board of Elections from counting and reporting votes related to a referendum on the March 19, 2024, general primary ballot in Chicago commonly known as “Bring Chicago Home.” The referendum relates to a legislative effort to create a graduated transfer tax on real estate in Chicago where state statute requires voter approval whenever the City intends to raise the rate of taxation or impose a new tax. Because we conclude that the circuit court erred, we vacate the judgment of the circuit court and remand with instructions to dismiss the complaint for want of jurisdiction. […]

Like the parties, we are left guessing as to the bases for the circuit court’s ruling because the lower court gave no reasons for its ruling. Rather, the circuit court read the parties’ briefing verbatim in open court and then made its oral ruling: “I am going to grant their motion for judgment on the pleadings and grant the relief requested in the Complaint.” Three days later, the circuit court issued a written order that stated, “For the reasons stated in open court and on the record, Plaintiffs’ Motion for Judgment on the Pleadings is Granted.” […]

Illinois courts, however, have declined to exercise jurisdiction over challenges to referenda that are part of the legislative process. It is well settled that courts cannot “enjoin the holding of an election” on such a referendum. […]

This rule stems from two bedrock principles. First, Illinois’s constitutional system of government is one of separation of powers. In it “[t]he judiciary has no supervision over the legislative branch of government.” Id. Therefore, “[t]he courts can neither dictate nor enjoin the passage of legislation.” Id. The holding of an election for the purpose of passing a referendum to empower a municipality to adopt an ordinance is a step in the legislative process of the enactment of that ordinance. Courts do not, and cannot, interfere with the legislative process. […]

Second, we do not issue advisory opinions. Courts are empowered to rule on the validity of legislative enactments only after they have been enacted. “[U]ntil the legislative process has been concluded, there is no controversy that is ripe for a declaratory judgment.” […]

Plaintiffs further argue that the Illinois Supreme Court has recognized an exception to the rule against enjoining a referendum election where the challenge is based on noncompliance with the eligibility requirements for placing referendum questions on the ballot. However, no Illinois court has ever sanctioned a challenge to a referendum that was a step in the legislative process. […]

Thus, Plaintiffs’ complaint is premature. Fealty to our constitutional system of government and to well-settled concepts of justiciability requires us to decline to interfere with the legislative process. Accordingly, the circuit court erred when it exercised jurisdiction over the complaint. […]

Finally, we have allowed the City to participate in this appeal as if it was a party in all respects for two reasons. First, the City has a direct and substantial interest in this case and risked being unfairly prejudiced by the circuit court’s judgment if not allowed to appeal. Citicorp Savings of Illinois v. First Chicago Trust Co., 269 Ill. App. 3d 293, 299 (1995) (“[I]t is settled law that a non- party may bring an appeal when that person has a direct, immediate and substantial interest in the subject matter, which would be prejudiced by judgment or benefited by its reversal.”). Plaintiffs’ contentions to the contrary are without merit. The City has a clear and direct interest in defending the referendum, which is the product of a City Council resolution.

Second, the circuit court committed an abuse of discretion in denying the City’s petition to intervene. Under the Code of Civil Procedure, “upon timely application anyone shall be permitted as of right to intervene in an action *** when the representation of the applicant’s interest by existing parties is or may be inadequate and the applicant will or may be bound by an order or judgment in the action.” […]

The referendum is the result of a resolution passed by the Chicago City Council, and it is a step in the legislative process mandated by the Municipal Code. 65 ILCS 5/8-3-19; In re County Treasurer, 2017 IL App (1st) 152951, ¶ 17 (abuse of discretion to deny intervention where intervenors had a direct interest). Further, the only defendant in the case, the Board of Elections, asserted that it had no role in addressing whether the referendum complied with the Municipal Code or the Illinois Constitution, and thus it could not represent the City’s interest. See Kozenczak v. Du Page County Officers Electoral Board, 299 Ill. App. 3d 205, 207 (1998); 10 ILCS 5/6-1 et seq. (West 2022); Flood, 2016 IL App (4th) 150594, ¶¶ 18-21 (abuse of discretion to deny intervention where intervenor’s interests were inadequately represented). Against this backdrop, the City’s petition amply demonstrated its right to intervene, and the circuit court committed an abuse of discretion in concluding otherwise.

CONCLUSION

We offer this gentle reminder that seems warranted in light of some of the contentions raised by amici: we have decided this case exercising our best judgment in strict accordance with the law. Nothing in this decision is intended to suggest that we have any opinion one way or the other on the merits of the referendum at issue. That is a question wisely entrusted not to judges but to the people of the city of Chicago.

For all these reasons, the judgment of the circuit court of Cook County is vacated and the case is remanded with instructions to dismiss the complaint for want of jurisdiction.

Judgment vacated; remanded with instructions.

…Adding… Lots of lawyers thought the case against the referendum was a slam dunk, including Odelson

“The referendum question was poorly written. The case law supports the fact that it’s illegal to have multiple questions in one question,” said Burt Odelson, who opposed Kasper in the Emanuel residency case. “It is in his favor. It would be a highly charged political decision if it was reversed . . . the appellate court should be unanimous.”

Though Kasper’s involvement in the litigation would appear to set up an almost cartoonish David and Goliath battle between Chicago’s homeless population and an associate of Springfield’s embattled former House speaker, Dorf argues that’s not the case.

“The problem with the Bring Chicago Home referendum is not one of good versus evil. It’s one of competence in drafting a referendum,” he said. “The Johnson administration really should have thought more before they drafted it. They drafted a referendum, which I think made for great press and really showed what he wanted to do. It was really aspirational, but it just was a bad referendum. And they could have done it in a way which would pass the law, and they didn’t do it.”

* Max Bever, Director of Public Information, Chicago Board of Elections…

“This afternoon, the Illinois Appellate Court reinstated the citywide referendum question to the March 19th Primary ballot in Chicago. The initial judgment of the Circuit Court of Cook County is vacated, and the case is remanded with instructions to dismiss the complaint for lack of jurisdiction.

All votes cast for the citywide question will be counted and reported by the Chicago Board of Elections on Election Night, March 19th.”

  34 Comments      


Isabel’s afternoon roundup

Wednesday, Mar 6, 2024 - Posted by Isabel Miller

* Sun-Times

Former state Sen. Terry Link was sentenced to three years probation Wednesday for dodging $82,000 in taxes, escaping jail time after he cooperated for years with the FBI and helped prosecutors convict others for a bribery scheme.

“I admit I made a mistake,” Link told the judge before sentencing. “I didn’t go in there with the intent of cheating the government out of anything. … I accept the responsibility of what happened. I accept that this happened and I have to pay the consequences.” […]

Link has explained that his friend’s business was going under, his wife was diagnosed with an aggressive cancer, and his son was struggling with drug addiction. So Link took money out of his campaign fund to help. The friend’s wife and son died within months of each other, and the friend died in December 2018 before he could repay the senator.

Meanwhile, Link failed to report the money taken from his campaign fund to the government as income. Link agreed when he pleaded guilty in 2020 to pay the amount he avoided in restitution.

O’Neill told Rowland on Wednesday that the FBI initially approached Link “before they had any information about the tax crime.” O’Daniel said that Link started out by providing “general background information” to the FBI so agents “better understood the mechanics” of the General Assembly.

* Illinois Answers

Dolton Mayor Tiffany Henyard stepped up efforts to distance herself from the cancer foundation bearing her name after the Illinois Attorney General’s office banned the nonprofit from raising money and indicated the latest paperwork it filed with the state failed to provide basic information.

In an appearance last week on a prominent national webcast, Henyard, who is also the Thornton Township supervisor, told former CNN host Roland Martin that she doesn’t “have a foundation” and doesn’t know anything about the state intervening in the operation of the Tiffany Henyard Cares Foundation. […]

But last year, Henyard told Illinois Answers Project and FOX 32 Chicago that she is “the face of the foundation” but also “my face is nowhere” near the operation or its leadership, which consists of people who work for her in south suburban government, including her boyfriend, according to court records. A new filing in a separate court case alleges the nonprofit has paid him to serve on the board but doesn’t specify how much. […]

State records show that in addition to working for the nonprofit, [Victor Osaque] filed the business registration with the state on behalf of a clothing store and restaurant in southeast suburban Glenwood that are owned by Henyard’s boyfriend, Kamal Woods, who traveled with her during the trip to Springfield.

Woods is listed as a director of the Tiffany Henyard Cares Foundation and worked as the Thornton Township Youth Program director, which paid $76,923 in 2023, records show.

* Leader Kimberly Lightford…

Standing alongside advocates, university professionals and students, Senate Majority Leader Kimberly A. Lightford outlined the data-driven findings of the Commission on Equitable Public University Funding at a press conference Wednesday. […]

The report follows Lightford’s passage of a 2021 measure to create the Commission on Equitable Public University Funding. Over the last two years, the 30-person commission studied if public institutions of higher education are in dire need of a new funding model when serving underrepresented and historically underserved student groups, including Black and Brown students, as well as students from low-income families. […]

The commission found on average, university systems in Illinois spend over double the amount on academic and student supports – the spending that most directly impacts student success – than at its less-resourced regional universities. Worse, these arbitrary and inequitable allocation decisions have compounded yearly due to a lack of equitable distribution.

“These recommendations are bold and speak to the needs of our students and the institutions that serve them,” said Christian Perry, director of policy and advocacy at Partnership for College Completion. “We are proud to support this report and educate people across Illinois to spread the word about how we can transform our higher education system and our state’s future economic vitality for the better.”

The commission outlined its proposed funding formula for public higher education, which would be calculated based on students’ needs, be driven to support historically underrepresented students and the universities that disproportionately enroll them, and get all universities to adequate funding within 10-15 years.

Click here to read the report.

* Illinois Health and Hospital Association…

Illinois’ more than 200 hospitals and nearly 40 health systems are powerful economic drivers for their communities and for Illinois, generating a statewide economic impact of $117.7 billion annually from spending on payroll, supplies and services, and capital, according to a new report released today by the Illinois Health and Hospital Association (IHA).
 
Hospitals across Illinois serve their communities by providing lifesaving care; promoting community health and well-being; fostering neighborhood revitalization and enhancing public health and safety through community partnerships; and advancing health equity initiatives to ensure optimal health for all residents. The new report, “Illinois Hospitals and Health Systems: Essential to Illinois’ Economic Growth,” highlights these varied and important contributions while quantifying the hospitals’ economic impact.
 
Among the report’s key findings:

    * One in 10 Illinois jobs is in healthcare.
    * For every Illinois hospital job, 1.4 jobs are created in other sectors.
    * For every $1 hospitals and health systems spend, an additional $1.40 is generated in the state and local economy.

“As strong community anchors, Illinois hospitals and health systems generate a tremendous amount of economic activity. They are major employers who provide good-paying jobs and large buyers of supplies and services,” said IHA President and CEO A.J. Wilhelmi. “Their impact on the economy comes in addition to the work of providing essential healthcare services, enhancing individual and community health and well-being, and addressing health disparities so all individuals can achieve optimal health.”
 
Estimates of Illinois hospitals’ economic benefits were based on the Regional Input-Output Modeling System II (RIMS-II) developed by the U.S. Bureau of Economic Analysis (BEA). The Final Demand multipliers, obtained from BEA RIMS-II, were applied to 2022/2023 Medicare cost report data of hospital jobs and spending to obtain the “ripple” effect of jobs and spending throughout the economy.

* Now on a t-shirt!

* Here’s the rest…

    * WTTW | More Than 3,500 Teenagers in Illinois Pre-Register to Vote, As New Law Goes Into Effect: State Election Officials: As of Tuesday, 3,570 individuals have pre-registered to vote, according to an Illinois State Board of Elections spokesperson. Of that total, 2,954 are 16 years old and 616 are 17 years old. […] Younger voters historically have had lower turnout in elections compared to older age groups, with the lowest voter turnout typically among voters ages 18-24.

    * WSIL | Pinckneyville library asking for patron support after suspected vandalism: The library owes $2,500 to the city council after required renovations to windows in the children’s room. The library took to Facebook on January 7th to let patrons know about suspected vandalism that destroyed the building’s original windows. On February 29, the team announced on Facebook the windows had been fixed, but at a cost.

    * Block Club | The CTA’s Oversight Board Is Filled With Political Insiders, Not Transit Experts: Board directors say they are independent of the CTA’s leadership. But board members ignored Block Club’s messages about how they were selected and how they view their roles. Instead, the board used a CTA spokesperson to respond to questions. […] For years, the board has been dominated by members with political connections and clout, including operatives for former Mayor Richard M. Daley, a Republican political consultant convicted for his involvement in a kickback scheme, former alderpeople, loyalists who have worked in city agencies and Chicago Cubs legend Ernie Banks.

    * Lake County News-Sun | Waukegan council members exchange accusations of sexism, cronyism; ‘It’s a really bad look to create a boys club’: Picking an all-male committee quickly drew criticism from Taylor Ald. Lynn Florian, 8th Ward, Ald. Edith Newsome, 5th Ward, and Ald. Thomas Hayes, 9th Ward. Florian asked why there were no women, and only one experienced council member. […] “I think it’s just interesting that we decided to change this when you have a female mayor, and you put no females on the committee,” Taylor added.

    * WCIA | Champaign school district releases statement, next steps after board member resignation: At the end of the meeting Monday night, Board member Jamar Brown announced his resignation, describing his second term as a negative experience. “The Unit 4 Board of Education is deeply grateful to Mr. Jamar Brown for his service,” Champaign School District Board of Education President Dr. Gianina Baker said in a statement to WCIA. “The Board will now follow its policy regarding filling the vacancy.”

    * Daily Herald | Regional public safety facility pitched for former Route 53 extension property: “It’s been there vacant — just corn fields — for many, many years,” said Chuck Smith, chief of the Vernon Hills-based fire district. Smith would like to acquire the 34 acres to build a regional public safety training facility. His idea has support from several local entities and some state lawmakers.

    * Sun-Times | Branching out? Streets and Sanitation boss reports 172% ramp-up in Chicago tree trimming: Over the years, the long wait to get a tree trimmed in Chicago has been a chronic complaint of alderpersons and their constituents. Not this year. Using twice as many crews and a grid-based system to blitz specific geographic areas, Streets and Sanitation’s Bureau of Forestry is on track to finally deliver on its ambitious plan to trim every tree in Chicago in the next five years and maintain that five-year cycle.

    * Crain’s | Judge allows Art Institute to keep disputed artwork — for now: In a ruling last week, Judge John Koeltl sided with the Art Institute, granting it ownership of the drawing until oral arguments for a separate case brought by the Manhattan district attorney start this spring, the Chicago Sun-Times reports. Back in January, the DA accused the museum of “willful blindness” to evidence that showed the drawing was stolen by the Nazis when it purchased the piece in 1966. “Russian War Prisoner,” created by artist Egon Schiele, was owned by Fritz Grünbaum, a Jewish cabaret star killed in a concentration camp in 1941.

    * SJ-R | New report finds 2 Springfield hospitals in compliance with pricing transparency laws: Both hospitals in Springfield have been found compliant with federal law in a recent report in February from Patients Rights Advocate, a nonprofit group which pushes for transparency in the healthcare industry across America. In the sixth-annual study, Patients Rights Advocate reviewed 2,000 hospitals nationwide and found only 689 compliant, or only 34.5% of all hospitals. Springfield Memorial Hospital and HSHS St. John’s Hospital in Springfield met compliance regulation with the federal Hospital Price Transparency Rule, which took effect on Jan. 1, 2021.

    * Crain’s | VillageMD laying off dozens amid Illinois clinic closures: Chicago-based VillageMD laid off about 50 workers across two clinics, in Lincoln Park and suburban Wheeling, according to a recent layoff notice the company filed with the Illinois Department of Commerce & Economic Opportunity. VillageMD eliminated 24 positions at the Lincoln Park clinic and 25 positions at the Wheeling location.

    * AP | Charges are dropped midtrial in ‘Hotel California’ lyrics case. Don Henley plans to fight on: In explaining the stunning turnabout, prosecutors agreed that defense lawyers had essentially been blindsided in recent days by getting 6,000 pages of communications involving Henley and his attorneys and associates. The material was provided to both sides only in the last few days, after Henley and his lawyers apparently made a late-in-the-game decision to waive their attorney-client privilege to keep legal discussions confidential.

  12 Comments      


Caption contest!

Wednesday, Mar 6, 2024 - Posted by Rich Miller

* Illinois Review

On Tuesday evening, Illinois Review hosted My Pillow CEO Mike Lindell as the election integrity advocate addressed a packed ballroom in Bolingbrook to discuss his latest initiative as voters prepare for the most consequential election in our nation’s history in November.

Lindell is on a nationwide tour to promote his Election Crime Bureau – an initiative that he has largely self-funded that provides tools and resources to grassroots activists free of charge in an effort to secure elections in communities and cities across the country. To date, Lindell has over 300,000 volunteers nationwide, including in Illinois.

* Mr. Lindell is at the Statehouse today and posed for photographs…

And yes, that’s Darren Bailey in the second pic. Rep. Marty McLaughlin (R-Barrington Hills) is in the top photo. Rep. McLaughlin is facing a super-tough general election against Democrat Maria Peterson.

  32 Comments      


Good news on migrant influx/sheltering/resettlements, but some dark clouds are on the horizon

Wednesday, Mar 6, 2024 - Posted by Rich Miller

* CBS 2 story on February 26th

Another migrant shelter in Chicago closes its doors.

CBS 2 has learned the Near South Health Center at 35th and Michigan is no longer housing new arrivals.

It’s the fifth shelter to close down this month.

There are still more than 12,000 migrants in 23 shelters across the city.

The number living in those remaining shelters is down to 11,795 as of yesterday afternoon. That’s far lower than the almost 15,000 shelter residents in late December, and about what the population was on October 23rd. However, back in October, 6,224 migrants were awaiting placements in shelters. That backlog was just 20 people yesterday.

* But this is what Sen. Robert Peters (D-Chicago) told 21st Show host Brian Mackey about the situation

It has slowed down a bit. I would not be surprised if it doesn’t ramp up - the busing of people from Texas to here - as we get closer to the DNC.

The influx has definitely slowed down. According to city data, just 1,051 migrants have arrived in Chicago via Texas bus and by airplane since February 9th. For comparison, 6,643 folks arrived between January 3rd and February 9th.

And Sen. Peters is not the only one who wouldn’t be surprised if the pace increases as the Democratic convention nears. But will the city be caught off guard? What happens if the Texas floodgates re-open and Chicago has shut down even more shelters?

I suppose we’ll find out.

* As of Feb. 28th, 13,798 migrants had been resettled. That number has climbed to 14,165 as of yesterday. The city says the total number of migrants reunited with sponsors is now 5,043, up from 4,893 on Feb. 28.

The resettlement/reunited pace appears to be significantly slowing down. From Feb. 20-28, 1,320 were resettled. Since Feb. 28, just 367 have been resettled. And that’s relevant because evictions are supposed to begin next week

Chicago Mayor Brandon Johnson said the city has not yet decided whether it stick with next week’s deadline to begin migrant shelter evictions. […]

If the date is not moved again, migrant evictions would begin next Saturday, March 16.

Right now, there are nearly 12,000 asylum-seekers staying in 23 shelters run by Chicago and the state.

A whole lot of those asylum-seekers are children. Families should have been exempted from the start, perhaps with some limitations. But another mess could play out in front of our eyes.

* More from Isabel…

    * Tribune | Migrants report shelter staff limits hygiene products and say they fear retaliation for speaking out: The reports of rationing hygiene products come after the Tribune last week reported that a shortage of essential supplies in the city’s shelters forced some parents to reuse dirty diapers on their babies. On Sunday, volunteers distributing boxes of diapers at a city shelter on the Lower West Side said migrants told them they were being retaliated against because they are accepting donated supplies amid the shortages. “There’s concern that when they talk to us or they take our supplies, they get in trouble,” said Southwest Collective founder Jaime Groth Searle.

    * Axios | Most migrants living in Chicago shelters aren’t eligible to work: “Maybe 10% of those in shelters are eligible for work authorization, and, in the best case scenario, maybe half are eligible for rental assistance,” Ald. Andre Vasquez (40th), who chairs the City Council’s Immigration and Refugee Rights committee, tells Axios. “I’m concerned that, by the end of April, this will lead to about 5,000 to 6,000 people out on the street and without the ability to work.”

    * Tribune | North Shore residents providing care packages to displaced migrants: “The ‘Shop and Drop’ program started during COVID,” said Swanson. “Everyone thought maybe three weeks or a month and it would be over. Here we are four years later working through the same needs. Thankfully the infrastructure of distribution to those in need was in place.” […] The packages include water, non-perishable food items, personal hygiene products, first aid kits, winter clothing, baby items and children’s comfort items such as books/games/stuffed animals and a note of welcome and encouragement in Spanish is attached to each package.

    * Maine Public | When work permits arrive, asylum seekers in Maine face varying paths toward economic independence: A recent study from Massachusetts, which is also experiencing a sharp increase in asylum seeker arrivals, found that new immigrants in that state can expect to make roughly $24,000 per year when the first start working, and that earnings tend to increase steadily.

    * KUOW | Facing another hotel eviction, Seattle area asylum-seekers lean on religious groups to foot the bill: Councilmember Sarah Perry called on the Muslim Association of Puget Sound, which she said previously helped support refugees from Afghanistan, for help. The association will provide $60,000 for hotels for the next two weeks. […] Leadership at Plymouth United Church of Christ in Seattle said they would help with funding at the other end of that window, as asylum-seekers wait for county funding to kick in.

    * Tucson kVOA | Federal funding to assist with asylum seekers expires in less than 30 days: At Tuesday’s City Council meeting, the council discussed a plan inspired by what El Paso and San Diego are doing to manage street releases. […] The city also discussed working with the Department of Homeland Security to set up a controlled release spot instead of using the Greyhound bus station. They’re also considering busing migrants to Phoenix since they can provide more help.

    * Sun-Times | Feds pin Chicago shooting on migrant with alleged cartel ties — but there’s no record of charges: But court records show that no charges have been filed in the Feb. 4 attack, and a CPD spokesperson said a suspect was released from custody without being charged. After the Sun-Times asked a marshals spokesperson about the case, a news release posted Monday to the federal agency’s website was taken offline. The spokesperson didn’t respond to a subsequent request for comment.

  1 Comment      


Rivian eliminating a shift at EV factory in Normal, but all hourly workers will be offered jobs

Wednesday, Mar 6, 2024 - Posted by Isabel Miller

* WGLT

The electric automaker Rivian will eliminate one of its three shifts in Normal next month, saying it can meet this year’s modest production goals with only two shifts because the manufacturing plant is getting more efficient.

Rivian employs around 8,000 people in Normal – the bulk of them hourly manufacturing workers. A Rivian spokesperson told WGLT on Tuesday that “all hourly employees will be offered a job on one of the two available shifts as we will increase capacity per shift.”

It’s unclear if any of those hourly workers will see their total weekly hours change as a result. The hourly jobs will still be full-time roles. The Rivian spokesperson said they “gave hourly employees the opportunity to provide feedback regarding shift patterns and to submit their own shift preference. We are assigning shifts based on tenure, preference and operational needs.” […]

Rivian plans to make around 57,000 vehicles in Normal this year – the same as in 2023. High interest rates have cut in demand for EVs, including at Rivian, and founder and CEO RJ Scaringe said increasing demand is one of their key focus areas for the year. There’s also a broader skepticism about how quickly American transportation will electrify that’s led more established automakers to scale back or slow their EV investments.

* Crain’s

The electric-vehicle maker said last month it expects to keep production at the plant flat this year at about 57,000 vehicles, although analysts had been expecting a production increase to about 81,000 vehicles. The plant in Normal, which employs about 8,000 workers, is shutting down for several weeks in April for retooling that will increase efficiency and reduce costs.

“The shift change will begin when we return from the April shutdown, during which we will transform our R1 production to integrate new engineering design changes that we expect will significantly reduce our cost,” a spokeswoman says. “All hourly employees will be offered a job on one of the two available shifts as we will increase capacity per shift.”

* Crain’s yesterday

Electric-vehicle maker Rivian laid off about 100 workers at its assembly plant in Normal as part of a broader cost-cutting effort.

The Illinois layoffs are just a tiny fraction of its workforce here. Rivian employs more than 8,000 people in Normal, about 7,000 of whom are hourly workers who produce electric trucks, SUVs and delivery vehicles. But it also has engineers and designers at the facility, the company’s only production plant.

Rivian said Feb. 21 that it would eliminate 10% of its salaried jobs in an effort to cut costs and get to profitability more quickly. The company lost $1.52 billion on $1.32 billion in revenue in the fourth quarter. […]

The company is expected to preview its mid-size SUV, the R2, later this week in California. The vehicle, forecast to be priced between $40,000 and $60,000, is expected to be built at Rivian’s new plant under construction in Georgia.

  12 Comments      


How Illinois’ Reproductive Health Act protects IVF access

Wednesday, Mar 6, 2024 - Posted by Isabel Miller

* Amanda Vinicky

[I]n the Reproductive Health Act, or RHA, a law (Public Act 101-0013) Pritzker signed in 2019 and added to in 2023 (Public Act 102-1117). It “sets forth the fundamental rights of individuals to make autonomous decisions about one’s own reproductive health.”

Because of the RHA, “there won’t be an Illinois Supreme Court that comes out and rules what Alabama did,” said lobbyist Stephanie Vojas Taylor, who helped draft those portions of the law. […]

“What the RHA did before was basically say an embryo is not a person, it has no personhood — but it was only in the context of abortion,” Vojas Taylor said of the 2019 law. She added that after the Dobbs ruling, the 2023 additions to Illinois’ Reproductive Health Act made it so that the state was shouting “if you need an abortion, you can come here. We love women.” […]

In addition to defining terms of [assisted reproductive technology], the RHA also updated the state’s Parentage Act to lay out that legal arrangements like consent forms at fertility clinics or marriage or divorce agreements determine what happens to unused frozen fertilized eggs, or parents who “no longer wish to use any remaining cryopreserved fertilized ovum for medical purpose.” […]

“We actually have a pretty long history, a good statutory framework of IVF,” said state Rep. Kelly Cassidy, D-Chicago, who sponsored the RHA and was among the first to require insurers cover infertility treatment.

* As you know, a bill sponsored by Rep. Cassidy would give a tax credit to doctors or families who move to Illinois to provide or obtain access to reproductive or gender affirming care. WBEZ has more

[L]awmakers and reproductive rights advocates are bracing for the potential of patients and providers coming to Illinois for IVF treatment. State Rep. Kelly Cassidy, D-Chicago, said it’s still too early to tell, but they are keeping a close eye on what conservative lawmakers in other states do next.

“They achieved their goal in Alabama, but there’s probably five or six states that are just two or three steps behind,” Cassidy said. […]

Cassidy, meanwhile, is proposing that Illinois give a $500 tax credit to physicians and patients fleeing states that are limiting access to health care that is lawful in Illinois — which can include abortion, gender-affirming care and fertility treatments.

“As we’re giving a clear path for providers to bring their licenses and their talents here, that will help with the infrastructure issues as well,” Cassidy said. “I think we anticipate … some potential need to accommodate inbound patients. Will it be at the volume of abortion? Probably not. Like I said, it’s a much harder thing to travel for.”

* WAND

Private insurance companies in Illinois can currently limit patients to four rounds of IVF treatment. State lawmakers removed the cap on infertility coverage for state employees last year. Although, a proposal in the Illinois House could expand private insurance coverage for the critical infertility treatments.

Rep. Margaret Croke (D-Chicago) told the House Insurance Committee Tuesday that the live birth rate for a single cycle of IVF is roughly 30%. She explained there are similar success rates for one to four cycles of IVF.

However, the success rate jumps to 65% for women who complete six cycles of IVF treatment. […]

“We don’t cap the rounds of chemo that you can do if you have cancer,” said Stephanie Vojas Taylor. “So, I’m not sure why we’re capping the rounds of infertility coverage for someone who has a medical diagnosis.”

* Politico

Sen. Tammy Duckworth is bringing an Illinois doctor who specializes in reproductive health and in vitro fertilization as her guest to the president’s State of the Union address before a joint session of Congress Thursday night, highlighting her party’s efforts to protect access to abortion and in vitro fertilization.

She’s not the only one: Congressman Raja Krishnamoorthi (IL-08) is hosting Jen Welch, CEO of Planned Parenthood of Illinois. Congressman Jesus “Chuy” Garcia (IL-04) is bringing Abby Favro, a constituent from Elmhurst and the chief development officer for Planned Parenthood of Illinois. And Congresswoman Robin Kelly (IL-02) is hosting Dr. Lisa Green, the CEO of FCHC in Harvey and an advocate on Black maternal health issues.

Duckworth has been focused on IFV for years, in part because she relied on IVF for the birth of her two children. “It’s thanks to doctors and health professionals like Dr. Amanda Adeleye that millions of Americans — myself included — have been able to have kids and grow our families, but Republicans intent on exerting even more control over women’s bodies are putting access to these treatments at risk across the country,” she said in a statement.

Her bill to enact federal protections for the procedure to the Senate floor last week was blocked by Sen. Cindy Hyde-Smith, a Republican from Mississippi.

* More…

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Protected: SUBSCRIBERS ONLY - Supplement to today’s edition

Wednesday, Mar 6, 2024 - Posted by Rich Miller

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Poll has Bost up, but with caveats

Wednesday, Mar 6, 2024 - Posted by Rich Miller

* Hmm…


Haley is now out.

* M3 Strategies polling memo

BACKGROUND

M3 Strategies surveyed 473 likely voters in Illinois’ 12th Congressional District from March 2nd to March 4th. It has a margin of error of 4.48% at 95% confidence. Respondents were randomly selected from a pool of individuals who are likely to vote. All responses were generated via SMS to web survey.

KEY FINDINGS

• Congressman Mike Bost leads Darren Bailey on the initial ballot by 6%. Bost leads 45% to 39%, with 16% of voters still undecided.
• Congressman Bost wins older voters, taking those over the age of 65 by over 30%, while Bailey wins among all younger age groups.
• Bost and Bailey split Trump voters, each taking 43%. Bost wins voters who say they are undecided or will vote for Nikki Haley.
• When undecided voters are forced to choose, Congressman Bost’s lead grows to 8%, winning 54% of the vote to Bailey’s 46%.
• Both candidates are well-known and well-liked, pointing to limited room for growth from positive messaging.

    o Nearly 77% of those over 65 view Congressman Bost Favorably, including 60% Very Favorably.
    o Bailey’s highest favorable rating comes from those aged 31-45, with 71% viewing him Favorably.

• President Trump’s endorsement does not appear to be decisive in this race, with 64% of voters saying that it had no impact or they were not aware of it. 20% of voters said Trump’s endorsement made them more likely to vote for Bost, and 17% said it was more likely to make them vote for Bailey.

    o Still, 29% of undecided voters and 18% of Trump supporters said they were unaware Trump had endorsed in the race.

• Asked about the frozen embryos created through “in vitro fertilization” (IVF), only 40% of likely Republican Primary voters in IL-12 believe that “Frozen embryos outside the Mother’s womb should be considered a child,” pointing to broad, bipartisan support for IVF.

And now you see why neither Bost nor Bailey want to comment on IVF.

Read the toplines and some crosstabs by clicking here.

  21 Comments      


It’s just a bill

Wednesday, Mar 6, 2024 - Posted by Isabel Miller

* Tribune

Sen. Laura Ellman, D-Naperville, and Rep. Anna Moeller, an Elgin Democrat, introduced companion bills Tuesday that would establish a permitting program to protect wetlands from pollution and draining.

Illinois is one of several states with no statewide protections for wetlands on private land. It relied on federal Clean Water Act protections until the conservative court severely curtailed them in Sackett v. EPA, a ruling that has been celebrated by real estate developers and industry but has greatly concerned environmentalists.

“We’re not trying to write or pass the perfect wetlands law of our dreams as conservationists. What we’re trying to do is step up where the federal government has now stepped back,” said Paul Botts, the executive director of the Wetlands Initiative, a Chicago-based conservation organization that advised on the bill.

If passed, the Wetlands and Small Streams Protection Act will empower the Illinois Department of Natural Resources to regulate land use around the state’s remaining wetlands, which can be valuable natural defenses against flooding and water pollution.

* Press release…

Today, Illinois Senator Laura Ellman (District 21) and State Representative Anna Moeller (District 43) joined forces with community advocates to announce the “Wetlands and Small Stream Protection Act” – new legislation protecting Illinois waters in the wake of a recent U.S. Supreme Court decision that rolled back crucial federal safeguards in the Clean Water Act.

Illinois law does not currently include a comprehensive program to safeguard waters and wetlands that are now no longer federally protected, leaving the few remaining Illinois wetlands vulnerable to development. In their May 2023 Sackett v. EPA decision, the Court left protections up to the states, prompting Sen. Ellman and Rep. Moeller to introduce SB3669 and HB5386. […]

When enacted, this legislation will reinstate vital protections for Illinois wetlands, creating a long-term Illinois Department of Natural Resources (IDNR) program to protect our state waters by:

    -requiring that wetland developers apply to IDNR for a permit before destroying the wetlands and small streams on which the Supreme Court has now declared an open season,
    -requiring avoiding wetlands destruction to the extent possible and compensating for the losses that their activity would have on floodwater retention, water quality, and wildlife,
    -allowing the Illinois counties that have good wetlands protection programs to continue their good work, and
    -charging applicants a modest fee that would help pay for the program.

* WAND

Private insurance companies in Illinois can currently limit patients to four rounds of IVF treatment. State lawmakers removed the cap on infertility coverage for state employees last year. Although, a proposal in the Illinois House could expand private insurance coverage for the critical infertility treatments.

Rep. Margaret Croke (D-Chicago) told the House Insurance Committee Tuesday that the live birth rate for a single cycle of IVF is roughly 30%. She explained there are similar success rates for one to four cycles of IVF. […]

Rep. Will Hauter (R-Morton) argued that some people may abuse the insurance coverage instead of looking into alternative family planning options such as adoption or foster care. However, Croke stressed that people make very personal decisions about starting a family and the state should not prevent patients from receiving this coverage.

The plan passed out of the House Insurance Committee on a 11-2 vote and now heads to the House floor for further consideration. If approved by both chambers and Gov. JB Pritzker, House Bill 4112 could take effect on January 1, 2026.

* Sen. Mike Porfirio…

To protect our nation’s veterans from predatory business practices, State Senator Mike Porfirio has advanced legislation aimed at combating “claim sharks” who target veterans by offering veteran and military benefit services in exchange for financial compensation.

“Our veterans have sacrificed greatly for our country, and it is our duty to ensure they are protected from crooked practices,” said Porfirio (D-Lyons Township). “This bill will not only hold claim sharks accountable, but it will also establish a framework that promotes transparency, empowering veterans with the knowledge they need to make informed decisions about their benefits.”

Senate Bill 3479 aims to combat claim sharks who target veterans in their deceptive business practices by ensuring transparency regarding these businesses lack of VA accreditation. Some of their predatory practices include guaranteeing an increased disability rating or percentage increase, advertising expedited VA claims decisions, requesting login credentials to access a veteran’s personal information through secure VA websites and more.

Through this measure, veterans will be better informed about the services offered to them, reducing the risk of misleading or fraudulent advice. The goal is to provide veterans with an avenue of recourse against these deceptive practices and establish a more secure environment when seeking assistance related to their veteran or military benefits. […]

SB 3479 passed the Senate Judiciary Committee on Tuesday and heads to the Senate floor for further consideration.

* WGEM

Pharmacists from across Illinois rallied outside the state capitol Tuesday calling for legislation banning certain practices from pharmacy benefit managers (PBM), which they said hurt local pharmacies.

Illinois Pharmacists Association Executive Director Garth Reynolds said PBMs are prescription drug middlemen. Examples include Express Scripts, CVS Caremark and Optum Rx. They negotiate between insurance companies, drug manufacturers and pharmacies.

He supports a bill that would ban PBMs from steering patients to pharmacies they own or a mail-order service. It would also ban “spread pricing.” It’s a practice in which PBMs charge insurers or drug companies more than they pay pharmacies.

“Because of a lot of this restrictive economic structure, it makes it so that for each and every prescription, pharmacies more and more are being paid in the negative, and you can’t run a pharmacy, or any business let alone, on negative dollars coming in,” Reynolds said.

* Sen. Michael Hastings…

Residents across Illinois may soon have relief from noisy highways, thanks to a measure advanced by State Senator Michael E. Hastings. […]

Hastings introduced Senate Bill 3175 in response to a number of noise complaints he was receiving from residents in the 19th Senate District.

IDOT currently maintains a Type 1 program which studies the possible impact and mitigation effects on newly constructed highways. Hastings measure would require IDOT create and implement a Type 2 Noise Suppression Program by July 1, 2025 to provide noise abatement for existing highways.

He believes this expansion of the program would alleviate constituents’ concerns and help improve the quality of life for residents throughout the state.

“This legislation will move us one step closer in improving the quality of life for those who have been suffering from endless highway noise for years,” Hastings said.

Senate Bill 3175 passed the Senate’s Transportation Committee on Tuesday and will continue on for further consideration.

* The American Council of Engineering Companies…

The American Council of Engineering Companies of Illinois (ACEC Illinois) has unveiled its 2024 legislative agenda, calling for a renewed commitment to full funding for infrastructural development through Rebuild Illinois and modernizing research and education tax credits and other incentives that will help the state recruit and retain engineers who build the infrastructure that will keep the state at pace with a 21st century economy.

The legislative agenda prioritizes the continued funding of transportation and infrastructure projects by the state through the historic $45 billion Rebuild Illinois program. ACEC Illinois is urging the state and the legislature to reconsider the recently-released budget proposal that calls for a diversion of $175 million committed to fund bridge repair, road improvement and other critical need projects to pay for spending on public transportation operations in the Chicago region. These public transportation costs have been historically paid for by the state’s General Revenue Fund since they are not associated with capital improvements, repairs or upgrades.

According to the Transportation for Illinois Coalition, the $175 million loss in road funding would multiply to more than a $1 billion impact in lost road and bridge improvements over the next few years. The fiscal impact of such a roll back would limit plans by IDOT and other agencies, delay projects, slow the modernization of the state’s transportation network and have an enormous impact on the state’s ambitious infrastructure development program.

“The bipartisan Rebuild Illinois Program is a once in a generation opportunity to upgrade and modernize our state’s road transportation and physical infrastructure to meet current needs and the demands of the future,” said Kevin Artl, President and CEO of the American Council of Engineering Companies of Illinois. “Our legislative priorities aim to ensure that the progress so far made is protected and not diminished by infrastructure funding cutbacks or diversion and that incentives for research, training and workforce development are maintained to make Illinois a destination point for engineers from across the world to locate here and work on these critical projects.

Other key issues in ACEC Illinois’ 2024 Legislative Agenda include a call for continued appropriation of funds for training and retention of engineering talent through education tax credits that will provide for a tax credit of 10% of the salary paid by engineering firms to recent graduates of Illinois’ engineering schools and 5% of the salary paid to recent graduates of engineering schools outside of Illinois; and modernization of the state’s research and development (R&D) tax credits to match changes to the R&D credit at the federal level. ACEC Illinois also supports legislation that will protect and help diverse businesses succeed at the state level through diversity in contracting and calls for a resolution to urge Congress to take action to protect the USDOT Disadvantaged Business Enterprise (DBE) program which is at risk due to recent legal decisions. ACEC Illinois also supports the Knowledge Transfer Act that promotes knowledge transfer, collaboration and greater communication between engineering companies, state agencies and the private sector. […]

ACEC-IL 2024 Legislative Agenda

    -Preserve REBUILD Illinois: To keep Illinois’ promise to citizens to repair, maintain and upgrade Illinois’ infrastructure to support a 21st Century economy, ACEC Illinois will oppose efforts to roll back or divert funding for ReBuild Illinois capital investments.

    -Maintain Funding for IDOT Engineer Student Loan Repayment Program: Legislation was passed last year to launch a pilot program to incentivize engineers trained in Illinois to work in Illinois. The state budget included funding at the pilot level, and ACEC requests re-appropriations of those dollars, as students graduate college and become eligible for the program, in order to see the program implemented.

    -Modernize the State’s Research and Development (R&D) Tax Credit (SB 163), (HB 4457): Research and Development (R&D) is critical to Illinois’ engineers as they work to modernize the state’s infrastructure. However, Illinois’ R&D credit is outdated and expires without state intervention. ACEC Illinois supports this initiative that increases the R&D credit by providing that the increase in research and development activities shall be based on an increase over 50% of the average of the qualifying expenditures for each year in the base period. This change modernizes the bill to match changes to the R&D credit at the federal level. Additionally, the bill makes the R&D credit permanent moving forward. The legislation is sponsored by Senator DeWitte and Rep. Joe Sosnowski.

    -Retain Illinois Students of Engineering (RISE) Tax Credit (HB 2425) (SB 2282): Helping attract and retain engineers as the industry faces a shortage of educated talent, this legislation provides for a tax credit of 10% of the salary paid to recent graduates of Illinois’ engineering schools and 5% of the salary paid to recent graduates of engineering schools outside of Illinois. This legislation is sponsored by Rep. Marty Moylan and Senator Ram Villivalam.

    -Knowledge Transfer Innovation Act (SB 3712): To ensure Illinois’ most innovative engineering firms can share their cutting-edge technology and design approaches with state agencies, this legislation allows for greater communication and knowledge transfer between the private and public sector. This legislation is sponsored by Senator Ram Villivalam.

    -Protect Illinois’ Diverse Businesses: The USDOT Disadvantaged Business Enterprise Program along with other local DBE programs are at risk due to the implications of the Supreme Court’s ruling last year to block considerations of race in university admissions. In Illinois, IDOT, Tollway and CDB have effectively and credibly used these programs to help Illinois businesses succeed and grow, and ACEC is calling for attention to this issue to ensure they are protected. The Resolution is sponsored by Senator Villivalam.

  17 Comments      


Open thread

Wednesday, Mar 6, 2024 - Posted by Isabel Miller

* What’s going on in your part of Illinois?…

  3 Comments      


Isabel’s morning briefing

Wednesday, Mar 6, 2024 - Posted by Isabel Miller

* ICYMI: Illinois Senate passes plan for ‘hybrid’ elected Chicago school board backed by CTU. Tribune

    - The bill would create a hybrid elected school board in Chicago this fall, with half of the members voted in by residents and the rest appointed by Mayor Brandon Johnson.
    - The bill includes a district map that lawmakers from both chambers have previously agreed on. It would create seven majority-Black districts, six majority-Latino districts, five majority-white districts and two in which no group has a majority.
    - The Senate passed SB15 in a 37-20 vote. It now goes back to the House, which approved a similar plan last fall.

* Related stories…

* Isabel’s top picks…

    * Capitol News Illinois | Judges, ex-lawmakers, lobbyists wrote to support convicted ex-Madigan aide: And on Tuesday, Kness published 181 pages of letters, including nearly a dozen written by public officials both retired and still serving, along with many lobbyists and political heavyweights still active in Springfield. Among them was former Illinois Supreme Court Chief Justice Thomas Kilbride, who noted he’d gotten to know Mapes over 20 years on the court, and that Mapes’ son Devin had been a judicial intern in his office. He also administered the oath for new attorneys when Devin was admitted to the bar.

    * Tribune | Mayor Brandon Johnson says no plans yet to again extend migrant removal deadline: “We’re doing everything in our power to demonstrate compassion. Now, as far as whether or not we will extend deadlines, we haven’t gotten to that point,” Johnson said at a Tuesday news conference. […] The policy could lead to the removal of as many as 5,673 migrant residents, Brandie Knazze, head of the city’s Department of Family and Support Services, said when the March 16 date was announced. Over 2,000 more people could be forced out by the end of April under the policy, she added.

    * 21st Show | Senator Peters speaks on Black Caucus’ goals, migrant assistance, and Safe-T Act progress: Alongside financial and educational reforms, the Caucus is actively working on the Safe-T Act, a comprehensive package aimed at overhauling the justice system and enhancing law enforcement accountability. These initiatives reflect a broader commitment to tackling systemic inequalities and ensuring that the needs and interests of the Black community in Illinois are addressed and met with tangible actions and policies.

* Here’s the rest…

  1 Comment      


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Wednesday, Mar 6, 2024 - Posted by Rich Miller

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  Comments Off      


Live coverage

Wednesday, Mar 6, 2024 - Posted by Isabel Miller

* You can click here or here to follow breaking news. It’s the best we can do unless or until Twitter gets its act together.

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« NEWER POSTS PREVIOUS POSTS »
* Isabel’s afternoon roundup
* Governor Pritzker meets with the family of Sonya Massey (Updated)
* It’s just a bill
* Showcasing the Retailers Who Make Illinois Work
* Pritzker hasn’t received VP vetting materials from Harris, but doesn’t shut down speculations that he’s interested
* Open thread
* Isabel’s morning briefing
* Selected press releases (Live updates)
* Your moment of zen
* Yesterday's stories

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