|2022 veto session cheat sheet
Thursday, Dec 1, 2022 - Posted by Rich Miller
* Someone else put this together, but I changed it a bit and updated it. Bills Passed Both Chambers…
• SB 1595 (Cunningham / Hurley) – Omnibus TIF extension
• HB 2406 (Stuart / Hunter) – Sunset extension package
• SB 1698 (Hoffman / Holmes) – UI Trust Fund substantive agreement
• HB 1095 (Peters/ Slaughter) – SAFE-T Act 2022 Trailer
• HB 5189 (Villanueva / Zalewski) – Revenue Omnibus
• HB 5049 (Hoffman / Villivalam) – SOS (Secretary of State) package
* Passed House, Awaiting Senate, which has adjourned…
• SB 1794 (Murphy / Ortiz) – Municipal Utility Audit reform
* Passed Senate, Awaiting House…
• HB 1859 (Martwick/ Burke) – Cook County Forest Preserve full actuarial funding pension fix
• SB 1622 (Bush/ Gong-Gershowitz) – Applies Illinois Human Rights Act (deletes exemption) to elected officials’ personal staff
• SB 2951 (Hunter/ Zalewski) – Hospital tax credit sunset extension
• HB 1587 (Murphy / West) – Gov’t admin package
• HB 4846 (Gillespie / Walsh) – Healthcare 2022 trailer omnibus
* Passed Senate, Awaiting House’s Lame Duck Session…
• 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.
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.
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!”
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Thursday, Dec 1, 2022 - Posted by Rich Miller
* Floor action…
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.
More from IR…
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?
…Adding… Tribune last year…
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.
* Chicago mayoral candidate Brandon Johnson reported a $350,000 contribution today from the Chicago Teachers Union. Johnson has reported raising $791,100 since he filed paperwork to run for mayor last month.
Speaking of the mayor’s race…
* Today in DuPage…
* And lastly…
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* Senate Democrats’ backgrounder…
Pretrial Fairness Act – 5 key points
Transition to new system
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.
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.
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.
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.
*** UPDATE 1 *** List of groups registered as neutral on the bill…
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…
*** 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…
*** UPDATE 7 ***
Just barely passed. Democratic Reps. Tarver and Yingling did not vote…
…Adding… Very close…
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|It’s just a bill
Thursday, Dec 1, 2022 - Posted by Rich Miller
* Crain’s yesterday…
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
* Center Square…
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.
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