Quick end of session wrap-up
Saturday, Apr 9, 2022 - Posted by Rich Miller
* WBEZ…
Wrapping up their spring session, lawmakers staged an all-nighter – a rarely seen 20-hour behemoth of a day in Springfield filled with bluster, brief naps at their desks, and long speeches that resulted in a finalized, $46 billion-plus spending plan as sunrise approached Saturday.
Unlike Congress, the state legislature doesn’t have the filibuster. But that effectively is what Republicans resorted to before an audience of sleeping Illinoisans in trying to slow down a budget plan that drew praise from Wall Street and, in the end, Republican votes for parts of the package.
But in the end, Democrats – with their House and Senate supermajorities – muscled through a plan put together by Gov. JB Pritzker, Senate President Don Harmon, D-Oak Park, and House Speaker Emanuel “Chris” Welch, D-Hillside. The timestamp on the final budget vote was 5:52 a.m Saturday.
“Boy, you guys hate that we’re balancing the budget and paying our debts, don’t you?” House Majority Leader Greg Harris, D-Chicago, said, needling the cast of House Republicans who sacrificed their REM sleep to blast the plan in speech after speech after speech.
* Capitol News Illinois…
The Fiscal Year 2023 spending plan also provides for the statutorily required $350 million in additional funding for public schools through the Evidence Based Funding formula that was originally adopted in 2017. Higher education would see increases as well.
The portion of the state’s income tax going to local governments would increase from 6.06 percent to 6.16 percent. […]
Rep. Tom Demmer, R-Dixon, who is running for treasurer, said the pandemic-related revenue windfalls have allowed Democrats to grow funding faster than year-after-year revenues.
“And when this one-time revenue dries up, the only thing you’ll know how to do is go back and raise taxes yet again,” he said.
As long as they didn’t put too many new items into the spending base or permanently subtract too much money from the revenue stream, Demmer would be wrong.
* Tribune…
The GOP dismissed the majority party’s tax relief plan as an election-year gimmick. […]
Loathe to vote against tax breaks before facing voters later this year, however, Republicans nearly all voted in favor the proposal.
Senate Republican Leader Dan McConchie said Democrats were trying to “buy” votes, and then participated in this alleged bribery scheme by voting for the tax cuts.
* That was not confined to the budget…
Another bill sponsored by Delgado received bipartisan support. It would codify that victims of carjacking or vehicle theft wouldn’t have to pay for tows, speeding tickets and other fees that accumulate on their vehicles after they’re stolen.
Republicans contended that owners of stolen vehicles already have ways to avoid paying such fines, and the bill does nothing to go after perpetrators.
“This, as presented on the floor, does nothing to bring down crime, does nothing to promote public safety and, in fact, is not holding the (criminals) accountable for the laws that they broke along the way. This is absurd. This is not what we need to do to bring down crime,” said state Rep. Avery Bourne, a Republican from Morrisonville who is running for lieutenant governor in the June 28 primary.
Not mentioned anywhere in the story is that, after blasting Rep. Eva-Dina Delgado’s “absurd” bill, Rep. Bourne voted for it. Indeed, not a single Republican voted against it.
* Back to WBEZ…
In another development during the legislature’s final session day of the spring, Democrats also voted to curtail fundraising in judicial races — a vote that took a not-so-subtle swipe at GOP mega-donor Kenneth Griffin by moving to complicate any attempt he may harbor to funnel millions of dollars into judicial campaigns.
The measure’s sponsor, state Rep. Jay Hoffman, D-Collinsville, described his legislation as a campaign-finance step designed to keep dark money out of Supreme Court races and other judicial elections.
Contributions from a single source to independent expenditure committees — political funds unaffiliated with individual candidates that can spend on their behalf — would be capped at $500,000 per election cycle.
Republicans were quick to point out that independent expenditure committees were crucial in the 2020 defeat of Democratic state Supreme Court Justice Thomas Kilbride. One of those funds, Citizens for Judicial Fairness, spent millions of dollars against Kilbride’s retention on the high court.
State campaign records show $4.5 million of the group’s receipts came from one source over two days in October 2020: Chicago hedge fund manager Kenneth Griffin, who also is bankrolling Irvin’s Republican gubernatorial campaign to unseat Pritzker this fall.
State Rep. Deanne Mazzochi, R-Elmhurst, who voted against the measure, said the legislation wasn’t truly about protecting the integrity of the judiciary but rather about preventing a replay of Kilbride’s defeat, particularly when control of the Supreme Court is up for grabs this fall.
“This is once again in Illinois the political machine that’s in power is trying to protect its own,” she said.
Mazzochi is right. But her party’s opposition is based on preserving the influence and power of the state’s wealthiest resident, who is also her party’s single largest financial benefactor.
…Adding… Comptroller Mendoza…
llinois Comptroller Susana A. Mendoza applauds the legislature for passing a FY ’23 budget that saves for the future, utilizes extra revenue to support working families, and addresses the pension shortfall and other structural issues.
“I am very pleased and thankful to see an infusion of $1 billion into the state’s Rainy Day Fund,” said Comptroller Mendoza. “We know this is an important signal to the credit rating agencies that Illinois is getting its fiscal house in order and planning for the future.” Illinois celebrated two credit upgrades last year – the first upgrades in more than 20 years.
The budget also mandates an extra $45 million a year to be placed in the Rainy Day Fund starting in FY ’23. The budget expands the Earned Income Tax Credit for low- and moderate-income taxpayers.
The budget includes an additional $200 million pension payment, which brings the total pension payment beyond what is required, to $500 million dollars. This will save taxpayers more than $1.8 billion.
Comptroller Mendoza recently announced that her office had paid down the bill backlog to what is now “accounts payable.” Illinois has been paying its bills in about 15 business days since July 1, 2021 – down from a crushing 210-business-day bill payment cycle in Nov. 2017 – a result of the 2015-2017 budget impasse.
The shortened General Revenue Fund bill payment cycle, along with the two credit upgrades, happened before the state received ARPA federal stimulus payments.
“Overall, I believe this budget adds greatly to the momentum we have built toward further credit upgrades, which will mean further savings for taxpayers,” said Comptroller Mendoza.
Comptroller Mendoza thanks Gov. JB Pritzker as well as Sen. Michael Hastings, Rep. Michael Halpin, Sen. Elgie Sims, Illinois House Majority Leader Greg Harris, Rep. Michael Zalewski and all the legislators who supported reviving the Rainy Day Fund.
She looks forward to working with legislators to continue strengthening the Rainy Day Fund and Pension Stabilization Fund through further legislation.
...Adding… Irvin campaign…
As Springfield Democrats proudly closed out the end of legislative session with a number of significant issues left unresolved, Aurora Mayor and gubernatorial candidate Richard Irvin released the following statement:
“Instead of committing to real solutions to combat crime and deliver permanent tax cuts, J.B. Pritzker pushed election year gimmicks that don’t reverse his anti-police, pro-criminal policies but do set up his campaign to permanently raise taxes after the election. The people of Illinois are paying a steep price for a governor who will do anything to win re-election, even if it means mailing checks to voters right before hitting them with the largest income tax hike in state history. It’s time to take back our state.”
The remaining issues left unanswered by Governor Pritzker include the following:
• No reversal from Pritzker’s anti-police, pro-criminal policies while crime surges throughout the state;
• No permanent tax cuts for Illinois residents (instead quite the opposite: increases in state spending to push for higher taxes when the federal money runs out);
• No comprehensive ethics reform to root out corruption from Mike Madigan’s criminal enterprise;
• No substantive changes to the Department of Children and Family Services after the director has been found in contempt of court eight times and vulnerable children are put in danger; and
• No plan to fully replenish the Unemployment Insurance Trust Fund, forcing tax hikes and benefit cuts.
* IFT…
Illinois Federation of Teachers (IFT) President Dan Montgomery issued this statement today after the state legislature passed a Fiscal Year 2023 budget.
“The FY23 budget passed today is further proof that Governor Pritzker prioritizes public education at every level. Budgeting for the annual $350 million increase to the evidence-based funding model puts our state one year closer to achieving equitable funding and eliminating disparities in districts statewide. Budget increases for community colleges and universities are an important step towards the much-needed reinvestment in public higher education and making college more affordable.
“We applaud the governor and lawmakers for crafting a budget that invests in public schools and vital services and provides relief for Illinois families. The pandemic will have a lasting impact on students, educators, school staff, and our communities. But by expanding the earned income tax credit, cutting grocery and gas taxes, and offering property tax rebates, this budget will provide the economic support that families desperately need right now.
“The IFT looks forward to continuing our work with Governor Pritzker as he focuses on the state’s economic recovery.”
…Adding… Responsible Budget Coalition…
The Responsible Budget Coalition issued the following statement in response to the FY 2023 state budget approved by the General Assembly.
As a coalition of the state’s leading advocacy, human service, community and labor organizations, we judge any budget by these principles: It must contain adequate revenue, fairly raised, and it must avoid cuts to vital programs and services.
The FY 2023 General Fund Budget passed by the General Assembly increases year-to-year spending on Education, Healthcare, Human Services, and Public Safety–which collectively account for over 95 cents of every dollar Illinois spends on public services through its General Fund. That is a welcome development, given that Illinois has been cutting its spending on those core services in real, inflation-adjusted terms for over two decades. We also applaud an important step towards tax fairness, a more than $100 million dollar expansion of the Illinois Earned Income Credit which will cover older and younger workers as well as undocumented immigrants who pay taxes, and provide more money to all credit recipients. For these reasons, the budget passed by the General Assembly and supported by Governor Pritzker is a major step in the right direction, and we urge the governor to sign it.
But for the state to continue playing a positive role in making Illinois more equitable —whether addressing short term challenges like those caused by the pandemic, or long-term challenges, like poverty or structural racism–it needs the ongoing fiscal capacity to do so. Creating that fiscal capacity must remain a priority in the coming fiscal years, especially as federal pandemic relief funding expires.
As we look towards next year, we hope to re-engage the General Assembly in a broader conversation about Illinois’ still unfair tax system, one that does not provide willing political leaders with the financial resources to make the change we all seek for people in our state who are struggling the most. Until then, we appreciate a budget that takes important steps to help people in need.
* Illinois Pork Producers Association…
This week, leadership from IL Pork, IL Beef, IL Corn, IL Soybeans and IL Farm Bureau worked to increase the Illinois State budget request by $750,000 from the General Assembly’s FY23 budget toward the IL Dept of Agriculture (IDOA). These funds would be used to provide additional field veterinarians and proactive foreign animal disease prevention measures necessary to protect Illinois agriculture in the event of looming foreign animal disease outbreaks.
“With the recent announcement by the United States Department of Agriculture’s Animal and Plant Health Inspection Service confirming the presence of highly pathogenic avian influenza in a small backyard flock in Mclean County, the need for these funds is immediate,” says Illinois Pork Producer Association’s Executive Director, Jennifer Tirey. “This recent outbreak proves that a foreign animal disease does not discriminate based on the size of a livestock farm. The devastation could impact the smallest backyard hobby farms, farmers that sell their product at a farmers’ market, small meat processors or our larger producers. We’re also concerned about the potential of an African Swine Fever outbreak in Illinois swine herds. The impact of any of these animal disease outbreaks to Illinois agriculture would be detrimental and being underprepared would only worsen the impact.”
Today, IDOA only has one field veterinarian on staff to serve the entire state of Illinois. Adding veterinarians could mean regionally-defined service areas, even allowing field staff to support vet work on specific species-related issues.
“We believe the collaborative response from our five groups empowered our request,” says Tirey. “We are incredibly grateful to the legislators who stand for the best interests of Illinois agriculture and Illinois farmers.”
Adds Josh St. Peters, Executive Vice President, Illinois Beef Association, “Earlier this winter the Illinois Department of Agriculture (IDOA) expressed this issue as a concern to our organizations and we are happy to see the funding secured and look forward to working with the department to protect the ag industry from potential foreign animal disease outbreaks,” he says. “Director Costello, IDOA leadership, Senate Agriculture Committee Chair Patrick Joyce (D-Essex), Senator Scott Bennett (D-Champaign) and Senator Bill Cunningham (D-Chicago) are greatly appreciated by the Illinois ag community for their partnership.”
…Adding… Press release…
The Illinois General Assembly approved a state budget that includes $2.5 million in funding for the Illinois Higher Education Savings Program, otherwise known as Children’s Savings Accounts. Parent leaders and advocates of the Financial Inclusion for All Illinois coalition have long called for an investment in the future of Illinois’ children and families. Advocates celebrate that the program, which was signed into law in 2019, will finally be funded in 2023.
After the budget is signed into law, all children born or adopted after December 31, 2022, will receive a $50 seed deposit in a Bright Start 529 college savings account. However, parents must claim this seed deposit by their child’s 10th birthday. Advocates warn that only 30% of Illinois families will be able to claim the deposit without further investment and effort by state officials to make the program more robust, accessible, and equitable. The statewide CSA program will be managed by the Illinois State Treasurer’s Office.
“I have advocated for a statewide Children’s Savings Account program for nearly a decade. In 2019, when the program was signed into law by the Governor, we thought our fight was over. But the pandemic hit, and the program was never funded. We are glad to see this appropriation so that the program can finally get started. It will also take more funding in future years to ensure that all families who could benefit will be able to participate.”
– Rosazlia Grillier, Co-President Emeritus of POWER-PAC IL
Children’s Savings Accounts (CSAs) are proven to boost hope for the future, especially among children who may not already have college-going aspirations. They are also proven to reduce maternal depression, improve early childhood outcomes, and, with the right features, promote equitable access to higher education. The savings accounts can be used for books, computers, college or university tuition, and at other post-secondary institutions like trade schools.
“As a parent of three children, I have spent years advocating for a CSA program. I didn’t go to college, but my son was lucky enough to receive a scholarship. Once the CSA program is fully funded, we will be sure that more families like mine will have hope for the future and an investment in their children’s potential early on. Thank you to our legislative champions, Senator Pacione-Zayas and Representative Collins!”
– Liliana Olayo, Co-President of POWER-PAC IL
During the Illinois General Assembly’s legislative session, Senator Cristina Pacione-Zayas and Representative Lakesia Collins, champions for the statewide CSA program, also passed a bill to prioritize equity in the program implementation. Once signed into law, the measure requires the State Treasurer’s Office to collect socioeconomic, geographic, racial and ethnic data on program participants to understand whether the program is reaching community members who face systemic barriers to wealth-building and would most benefit from a jump-start in their college savings. It also gives the Treasurer’s Office the option to provide automatic bonus deposits in the accounts of children from financially insecure households.
“Thank you to the Illinois General Assembly for ensuring that this program can kick-off in 2023. The pandemic has caused many families to lose hope – but this CSA program restores some of that hope for children across Illinois. Our coalition urges legislative leaders to continue to invest in this crucial program over the long-haul.” –
Amy Eisenstein, Financial Inclusion for All Illinois Coalition Manager with Heartland Alliance
Financial Inclusion for All Illinois is a coalition committed to expanding access to the tools Illinois families need to build financially secure futures. Its Children’s Savings Account Committee includes leaders from Community Organizing and Family Issues (COFI), POWER-PAC IL, Woodstock Institute, YWCA Metro Chicago, VOCEL, Start Early, Legal Action Chicago, Chicago Urban League, I-PROMOTE IL, Children’s Home and Aid, and Heartland Alliance.
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Organized retail crime bill clears Senate
Saturday, Apr 9, 2022 - Posted by Rich Miller
* Sen. Glowiak Hilton…
To support retailers, update prosecuting resources and promote statewide economic growth, the Illinois Senate adopted a measure led by State Senator Suzy Glowiak Hilton (D-Western Springs) to curb organized retail crime and hold ringleaders accountable.
“Organized retail crimes across the state have disturbed residents, wreaked havoc on businesses and stunted growth within local economies,” Glowiak Hilton said. “By advancing the Organized Retail Crime Act, Illinois has an opportunity to enact one of the most comprehensive crime-curbing efforts in the nation.”
In partnership with the Illinois Retail Merchants Association and the office of the attorney general, Glowiak Hilton’s initiative defines organized retail crime as a criminal charge and gives prosecutors additional resources to charge crime ringleaders. Specifically, the measure codifies ORC as the theft of retail merchandise with the intent to sell.
Under the proposal, prosecutors would have new opportunities to bring charges against offenders regardless of where the crimes takes place. For example, if the conspiracy, theft and selling occurred in different jurisdictions, each jurisdiction would have the ability to prosecute the entire crime. The Illinois attorney general would also have the ability to prosecute via a statewide grand jury.
“The measure targets individuals stealing for profit, not anyone engaging in petty shoplifting,” Glowiak Hilton said. “Deterring retail crime starts with supporting law enforcement, holding criminals responsible and making it tougher to resell stolen goods.”
To prevent stolen goods from being sold online, the measure also creates the Integrity, Notification and Fairness in Online Retail Marketplaces for Consumers Act, or the INFORM Act, to require third-party sellers to verify users’ identity with bank account numbers or other personal identifying information. Sellers who do not comply may be suspended.
As amended, House Bill 1091 moves for concurrence consideration in the House.
* IRMA…
On behalf of retailers across the state, the Illinois Retail Merchants Association (IRMA) applauds lawmakers in the Senate for their bipartisan support and passage of HB1091, a comprehensive proposal to combat organized retail crime that has plagued neighborhoods across Chicago and communities throughout the state.
Crafted by IRMA in partnership with Illinois Attorney General Kwame Raoul, the measure represents one of the most sweeping efforts in the nation to combat organized retail crime by addressing the problem from multiple angles. This includes providing prosecutors with more tools to hold criminals accountable, dedicating state funds to investigate and prosecute the criminal rings carrying out these brazen thefts, requiring more oversight of third-party marketplaces where stolen goods are sold, stronger rights for victims of organized retail crime and the creation of a statewide intelligence gathering and sharing platform to allow retailers and law enforcement agencies to better coordinate.
“Organized retail crime robs our communities of tax dollars, threatens the safety of employees and customers, and puts our communities at risk of further crime including illegal firearm purchases, human trafficking and terrorism. By passing this measure, Illinois lawmakers are sending a message to criminals that these brazen thefts will not be tolerated and they will be prosecuted to the full extent of the law,” said Rob Karr, president & CEO, IRMA. “I want to personally thank Attorney General Raoul for his partnership and tireless work on this issue and offer our appreciation to Sen. Suzy Glowiak Hilton and Rep. Kam Buckner for their leadership as well as every lawmaker who voted in favor of this important measure.”
The bill creates and defines the violation of organized retail crime, providing the emphasis and focus required to combat this dangerous form of retail theft, which is performed by criminal groups with the goal of reselling stolen items to fund illicit activities. The legislation specifically targets those organizing these crimes, which is defined as an individual who knowingly recruits, organizes, supervises, manages, finances or otherwise directs others to commit organized retail crime, which includes smash and grab robberies as well as the looting of supply chain vehicles. Prosecutors would be given wider discretion to bring charges regardless of where the crime takes place. For instance, if the conspiracy, theft and selling all occurred in different jurisdictions, each jurisdiction would have the ability to prosecute the whole crime.
In addition, organized retail crime could be prosecuted by the Attorney General via the Statewide Grand Jury. This would give law enforcement officials another avenue by which to hold leaders of criminal rings accountable. Further, victims of organized retail crime must be given at least seven days’ notice of all court proceedings, which must be sent to the establishment where the crime occurred as well as any persons the victims designate.
To support these efforts, the proposal calls for earmarking state funds on an annual basis to create new positions in the Attorney General’s office and various State’s Attorneys offices dedicated to investigating and prosecuting retail theft and illicit trade.
“Organized retail crime is committed by sophisticated criminal enterprises that harm our communities in ways that extend beyond lost revenue and stolen products. These complex operations rely on theft and resale of stolen products to fund and perpetuate the cycle of violence through even more dangerous illegal activities like trafficking drugs and firearms,” Raoul said. “The Organized Retail Crime Act will give my office and other law enforcement agencies the additional tools needed to continue to disrupt these criminal enterprises and combat the rise in organized retail crime. I appreciate Senator Glowiak Hilton’s leadership on this matter and the bipartisan support for this effort.”
The legislation builds on the work of the Attorney General’s Organized Retail Crime Task Force, which is designed to investigate these crimes and trace them to their source. In December, the task force and the Chicago Police Department Force recovered stolen goods worth millions of dollars during a sting operation. IRMA also works with the United to Safeguard America from Illicit Trade (USA-IT) Coalition, which aims to address organized retail crime at the national level.
Increasingly, goods stolen during the execution of organized retail crime are often sold on third party electronic marketplaces. The proposal would require these online marketplaces to verify the identity of high-volume sellers using bank account numbers, taxpayer IDs or other information. Those sellers would be required to provide valid contact information, and marketplaces would be required to suspend the activity of third-party sellers for non-compliance. This is a vital public safety component as these sales are used to fund illegal activity including drug trade, weapons smuggling, human trafficking and terrorism. The proposal is identical to the agreed proposal being sponsored in Washington, D.C. by U.S. Senator Dick Durbin and Congresswoman Jan Schakowsky.
A recent study by the Retail Industry Leaders Association found that as much as $68.9 billion in products were stolen from retailers nationwide in 2019, with retail crime resulting in $125.7 billion in lost economic activity and 658,375 fewer jobs. It’s estimated that retail theft costs federal and state governments nearly $15 billion in personal and business tax revenues, not including sales tax losses. These are conservative estimates as some jurisdictions discourage organized retail theft complaints and prosecutions.
* Chicagoland Chamber…
The Chicagoland Chamber of Commerce released the following statement after the Illinois Senate passed HB1091, a comprehensive proposal to combat organized retail crime:
“The impact of violent crime has been felt across the Chicago area, including the suburbs, and addressing it remains a top priority of the business community as both an economic and social imperative. Doing so requires bold action by our lawmakers, which is why we applaud the bipartisan legislation put forth by the Illinois Retail Merchants Association and the Attorney General’s office to combat organized retail crime and illicit trade. By providing the tools and resources needed to hold these criminals accountable, we can establish stronger protections for those impacted by organized retail crime, including Chicago’s retail, tourism, and hospitality sectors that have been particularly affected. The additional investment enables law enforcement to investigate these particular cases efficiently and effectively so we can better safeguard our communities and prevent further crime that threatens jobs and economic opportunity,” said Jack Lavin, president & CEO, Chicagoland Chamber of Commerce.
* IRMA dot points…
Focuses on Organized Retail Crime The proposal creates and specifically defines a violation of organized retail crime (ORC). ORC is usually committed by two or more individualswho work together to steal merchandise with value over the current retail theft threshold and resell the item(s) for profit to fund other illegal activities such as gun, drug, and human trafficking.
Deters Smash-and-Grab Thefts Smash-and-grab thefts occur when a group of individuals rush into a retailer and destroy retail property or threaten retail team members while stealing a great amount of inventory in a short period of time. This sometimes involves the use of vehicles and other tools to gain entry into the retailer or to the merchandise.
Deters Supply Chain Thefts Individuals are increasingly involved in stealing merchandise while it is in transit between the manufacture and distributor and the retailer. This involves raiding delivery trucks and cargo containers on trains.
Reduces Criminals’ Ability to Avoid Prosecution The proposal provides jurisdiction to any state’s attorney where any element of ORC takes place to prosecute the whole crime. For instance, if the conspiracy, theft, and selling all occurred in different jurisdictions, each jurisdiction would have the ability to prosecute the whole crime. It also provides the Attorney General the use of the statewide grand jury to prosecute ORC.
Provides Dedicated Enforcement ResourcesThe proposal seeks to provide annual funds to the Office of the Attorney General for additional investigators and attorneys to focus exclusively on ORC. It also provides grant money to states attorneys across Illinois whose communities tend to be the focus of ORC. This grant money will be used to add additional states attorneys dedicated exclusively to ORC.
Addresses Online Fencing ORC rings increasingly use technology and the anonymity of online third-party marketplaces to sell their stolen goods. The proposal requires online third-party marketplaces to verify the seller and the goods offered for sale and the seller to provide contact information. This action will help police outlets used to monetize stolen merchandise, which often funds other illicit activities including gun, drug and human trafficking. The proposal mirrors an agreement that was reached on the federal level by stakeholders and currently sponsored by U.S. Senator Dick Durbin and Congresswoman Jan Schakowsky.
Enhances Public and Private CoordinationThe proposal calls for a formal collaboration of all stakeholders involved in addressing ORC. The collaboration is designed to provide real-time information and intelligence-sharing and collaboration between asset protection investigators and federal, state, and local law enforcement partners involved in combating ORC related issues at the local, regional, and national levels
Requires Timely and Proper Notice The proposal requires timely and accurate notice of court proceeding to retailers that are victims of ORC, ensuring they can participate in the legal process.
The following changes were made at the request of stakeholders
• Racketeer Influenced and Corrupt Organizations Act (RICO) provisions were removed;
• A threshold was included for ORC which is consistent with retail theft;
• ORC only applies to two or more individuals rather than one individual; and
• The legislation specifically targets those organizing these crimes, which is defined as an individual who knowingly recruits, organizes, supervises, manages, finances or otherwise directs others to commit ORC.
…Adding…. IRMA…
Moments ago, the IL House passed the ORC legislation by a vote of 96-5. Earlier this morning the IL Senate passed the legislation by a vote of 42-10.
…Adding… AG Raoul…
Attorney General Kwame Raoul today applauded the Illinois General Assembly’s bipartisan passage of legislation to combat the rise in organized retail crime and disrupt the criminal enterprises that engage in and profit from organized retail theft.
Attorney General Raoul initiated House Bill (HB) 1091 to address organized retail crime in partnership with the Illinois Retail Merchants Association (IRMA). The legislation closes gaps in current Illinois law that criminals exploit and provides law enforcement with more tools to address organized retail crimes.
“Organized retail crime is committed by sophisticated criminal enterprises that harm our communities in ways that extend beyond lost revenue and stolen products. These complex operations rely on theft and resale of stolen products to fund and perpetuate the cycle of violence through even more dangerous illegal activities like trafficking drugs and firearms,” Raoul said. “House Bill 1091 will give my office and other law enforcement agencies the additional tools needed to continue to disrupt these criminal enterprises and combat the rise in organized retail crime. I appreciate Senator Glowiak Hilton and Representative Kam Buckner’s leadership on this matter and the bipartisan support for this effort.”
“Organized retail crime threatens our local economies and public safety,” Glowiak Hilton said. “HB 1091 gives prosecutors additional resources to hold perpetrators accountable and expands the comprehensive approach to help stop the rise in organized retail crime across the state. I am proud to work with Attorney General Raoul and our other partners on this effort.”
“By obstructing these criminal networks at their core, we are going after the individuals who are behind this growing public safety issue,” Buckner said. “I would like to thank Attorney General Raoul for his work in making the passage of this proposal today a reality.”
“Organized retail crime robs our communities of tax dollars, threatens the safety of employees and customers, and puts our communities at risk of further crime including illegal firearm purchases, human trafficking and terrorism. By passing this measure, Illinois lawmakers are sending a message to criminals that these brazen thefts will not be tolerated and they will be prosecuted to the full extent of the law,” Rob Karr, President & CEO of IRMA said. “I want to personally thank Attorney General Raoul for his partnership and tireless work on this issue and offer our appreciation to Sen. Suzy Glowiak Hilton, Sen. John Curran and Rep. Kam Buckner for their leadership as well as every lawmaker who voted in favor of this important measure.”
House Bill 1091 creates and, for the first time, specifically defines organized retail crime in state law. Organized retail crime and retail fraud are often mistakenly viewed as being isolated incidents, however, organized crime rings are often behind these acts. Organized criminal enterprises connected to the drug trade, human trafficking and other criminal activities target big box stores, pharmacies, hardware stores, auto dealerships and other retailers to carry out sophisticated theft operations, and these operations cross county and state borders. Enterprises use boosters and mules to coordinate thefts of large amounts of merchandise, which is then resold below market value using online marketplaces in order to fund the enterprise’s other illegal activities.
The legislation puts in place stronger oversight of those taking advantage of these online marketplaces and creates a statewide intelligence platform to help retailers and law enforcement agencies better coordinate their enforcement efforts. Additionally, the legislation requires online marketplaces to verify the identity of high-volume sellers. This will help police outlets used to monetize stolen merchandise, which often funds other illicit activities including gun, drug and human trafficking.
The proposal also aims to reduce a criminal’s ability to avoid prosecution for organized retail crime. House Bill 1091 would allow any state’s attorney where any element of organized retail crime takes place to prosecute the whole crime. Those participating in smash and grab robberies, as well as looting of supply chain vehicles such as trains and cargo trucks, could also be prosecuted for organized retail crime. Additionally, the legislation would provide the Attorney General’s office to utilize the statewide grand jury to prosecute organized retail crime. In addition, the legislature appropriated $5 million to the Attorney General’s office to allow the office to award grants to State’s attorney’s offices and law enforcement agencies that investigate and prosecute organized retail crime.
House Bill 1091 builds on the work of Attorney General Raoul’s Organized Retail Crime Task Force. The Organized Retail Crime Task Force is the first statewide, public-private collaboration of its kind in Illinois and is designed to foster cooperation among retailers, online marketplaces, law enforcement agencies and state’s attorneys dedicated to targeting organized retail crime enterprises. The task force allows Raoul’s office to utilize data and tips provided by retailers and partner across jurisdictions with law enforcement agencies to investigate organized retail crimes and trace thefts to the source. For example, the Organized Retail Crime Task Force, with support from Chicago law enforcement recovered more than $1 million worth of stolen goods from several Chicago-area storage units during December 2021. Raoul’s goal in establishing the task force is to continue to improve communication among public and private entities and utilize a multifaceted approach to combatting organized retail theft and related criminal activity.
House Bill 1091 passed the Illinois Senate and House today on bipartisan votes. The legislation will now head to the governor for his approval.
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