Capitol Fax.com - Your Illinois News Radar

“I want to thank the diligent work of all members, staff, and everyone who had a hand in this successful veto session. I’m incredibly proud we were able to work together to pass important clarifications to the SAFE-T Act and reach a bipartisan agreement to eliminate the Unemployment Trust Fund debt accrued during the COVID-19 pandemic.

Though we are traveling back home for some much-needed time with our loved ones, our work continues. When we return for the lame duck session in January, our legislative body will have important and time sensitive issues to consider. I look forward to what 2023 will bring and I wish everyone a very happy holiday season.”

* Gov. Pritzker…

Governor JB Pritzker released the following statement after the conclusion of the 2022 legislative session.

“As we conclude the 2022 veto session, I want to congratulate the lawmakers and advocates who came together on behalf of the people of Illinois and made this session a success. Government is at its best when we come together across party lines to make Illinois the best it can be.

“For almost six months, working groups of legislators have been hard at work with victims’ advocates, state’s attorneys, public defenders, law enforcement partners and others to clarify language in the SAFE-T Act, which goes into effect January 1st. I’m pleased that the General Assembly has upheld the principles we fought to protect, including bringing an end to a system where those charged with violent offenses can buy their way out of jail, while others who are poor and charged with nonviolent offenses wait in jail for trial.

“I want to particularly thank the legislators who came together to make this work possible, with a special note of congratulations to Leader Gordon Booth, Representative Slaughter, Leader Sims and Senator Peters.

“This week a historic bipartisan agreement was reached to fully restore our unemployment system after the worst recession since the Great Depression. And the plan also includes adding $450 million more to our still under-resourced Rainy Day Fund. Earlier this week it was my privilege to stand with the leaders in both chambers from both parties who tirelessly sat at the table with business and labor to get this done. “Thank you again to: Leaders Cunningham and Holmes, Senators Rezin and Stoller, Leaders Evans and Hoffman, and Representatives Marron and Ugaste.

“Additionally, we were able to bolster the Reimagining Electric Vehicles Act by adding provisions which will give manufacturers the ability to ramp up production of EV parts and provide additional flexibility as the market evolves. By continuing to pass innovative measures that support the emerging electric vehicle industry in Illinois, we are well on our way to meeting our goal of 1 million electric vehicles on the road by 2030.

“There’s still more work to do, so we’ll be hard at work getting big things done in the 103rd Illinois General Assembly.”

* Comptroller Mendoza…

Today’s vote to pay the remaining $1.3 billion owed to the Unemployment Insurance Trust Fund will save the state $20 million in interest payments and will shore up the state’s Rainy Day Fund in the long term. This is responsible budgeting that shows what can happen when business and labor leaders come together with legislators and state leaders to work out an agreed plan. My Office will collaborate with the Dept. of Employment Security to make the required fund transfers from state funds that will complete this loan. I am also supportive of strengthening the Unemployment Insurance Trust Fund with an additional $450 million to help with future demands on the program and redirect payment back into the state’s Rainy Day Fund. I encourage legislators to also pass my Rainy Day Bill, HB 4118, to require annual payments into the Rainy Day Fund and the Pension Stabilization Fund.

* Cook County Public Defender…

Today, Illinois lawmakers passed technical amendments to the state’s SAFE-T Act, a historic reform that takes the next step in creating a more fair and equitable criminal legal system. The SAFE-T Act, which includes the Pretrial Fairness Act, puts our state in the national vanguard on one of the most important issues of our day – ending wealth-based pretrial jailing that weakens communities and is fundamentally unfair. On Jan. 1, 2023, Illinois will become the first state to fully eliminate money bond, which has made us less safe by needlessly destabilizing the lives of our most marginalized residents.

The passage of trailer bill HB1095, SA2 means that these badly needed reforms are fully ready for implementation on Jan. 1, 2023. The bill contains amendments and clarifications that are in line with the law’s original transformative intent and avoids worsening racial disparities or increasing pretrial jailing. The SAFE-T Act was passed in January 2021, allowing two years for preparation and clarifications ahead of implementation.

“We are immensely proud of the joint work by advocacy and community groups, lawmakers, stakeholders from every part of government, faith-based organizations and system partners who fought back against fearmongering and misinformation and preserved the essence of this landmark justice reform,” said Cook County Public Defender Sharone R. Mitchell, Jr.

* McCombie…

State Representative and House Republican Leader-elect Tony McCombie called the SAFE-T Act cleanup bill “flawed” and says it continues to ignore the blatant errors and disrespects law enforcement and victims of crimes.

“Once again, the Democrats chose to go it alone without involving viewpoints of Illinoisans around the state,” said McCombie. “While this is the fourth attempt to clean up a bad bill, it keeps zero cash bail in place, increases taxes, jeopardizes due process for police officers, and decreases penalties for repeat offenders — making our communities less safe. It is unacceptable to abuse victims in the way the SAFE-T Act allows.”

The SAFE-T Act “cleanup bill” was filed as Senate Floor Amendments 1 & 2 to House Bill 1095. The bill was passed through both the State Senate and State House this week.

“A sincere effort at a bipartisan fix would have involved the minority party, but Democrats chose to go it alone to continue to mislead Illinoisans. This bill does nothing but support criminals, make residents less safe and exploits victims of crime,” said McCombie.

McCombie voted NO on the Amendments to HB 1095, which ultimately passed the Illinois House by a vote of 71-40. Governor Pritzker has indicated he will sign the legislation ensuring the SAFE-T Act and its “zero cash bail” provisions will still go into effect on January 1, 2023.

* INPJ…

The following is a statement from the Illinois Network for Pretrial Justice (INPJ) about their coalition’s success in protecting the Pretrial Fairness Act and ensuring that Illinois will end money bond on January 1st:

“Today, the Illinois House of Representatives and Senate passed House Bill 1095 Senate Amendment 2, a SAFE-T Act trailer bill that amends portions of the Pretrial Fairness Act. The passage of HB1095 SA2 is a testament to the fact communities across Illinois have stood by this legislation even as right-wing operatives sought to mislead them through a multi-million dollar misinformation campaign rooted in racism and outright lies.

“After nearly two full years of intense struggle led by communities across Illinois, we have successfully defended the Pretrial Fairness Act from being rolled back or repealed. On January 1, 2023, Illinois will become the first state in the nation to completely eliminate the jailing of people who are awaiting trial simply because they’re poor—a practice that has devastated Black, Brown, and poor communities across our state for decades.

“From the moment the Pretrial Fairness Act was first passed in January 2021, conservatives and some members of law enforcement have engaged in bad faith arguments and spread outright lies about how the law was developed and passed and the impact it would have on our communities. During this year’s election cycle, right-wing operatives spent tens of millions of dollars spreading anti-Black fearmongering and sending fake newspapers to homes throughout Illinois, attempting to turn Illinoisans against the elected leaders who fought to make Illinois criminal courts fairer. Those attempts to preserve the money bond system—one of the primary drivers of mass incarceration—have failed.

“In addition to protecting the law, the trailer bill passed today includes some significant wins for our movement. Over the last two years, the Illinois Network for Pretrial Justice has worked with stakeholders from every branch of state government to prepare for the successful implementation of this historic law. During that time, we identified clarifications that we believe were needed in order to effectively implement the Pretrial Fairness Act and protect the rights of accused people in the new system. While we took a neutral stance on the legislation as a whole due to some provisions that our Network did not fully support, we are pleased to see many important measures we advocated for included.

“These amendments to the Pretrial Fairness Act are in line with the law’s original intent to lessen racial disparities and decrease pretrial jailing in our state. In addition to these changes, there were also some changes made to the safety and willful flight standards of the law, as well as making some charges previously only detainable under the willful flight standard also detainable under the safety standard. The trailer bill also allows for detention hearings to occur over video in some instances. While we do not support these changes, we do not believe they were significant enough to oppose this bill or delay the implementation of the Pretrial Fairness Act.

“For the last six years, the Coalition to End Money Bond and Illinois Network for Pretrial Justice have worked with people of all walks of life across our state to secure this monumental improvement to our criminal legal system. We want to take a moment to thank each and every one of you who took action with us and made this vision a reality. This transformation of our pretrial justice system is only possible because of the thousands of people who worked to educate and advocate with their friends, neighbors, and elected officials.

“We so deeply appreciate the work of our champions in the Illinois House and Senate that have worked so hard to ensure that our efforts were not in vain. We thank the chief bill sponsors Representative Justin Slaughter and Senators Elgie Sims and Robert Peters, working group leader Representative Jehan Gordon Booth, and Governor JB Pritzker and his staff, whose actions will positively impact the lives of millions of Illinoisans for years to come. We want to especially recognize the hard work and contributions of the legislative staff who shepherded this effort forward: Office of the Senate President Deputy Chief of Staff Ashley Jenkins-Jordan and Chief Counsel to the Speaker of the House of Representatives James Hartmann.

“In this moment, it is important that we remember this change became possible because of the national Black Lives Matter movement in response to police murders of Black people across our country. In 2020, millions of people throughout the United States and the world demanded that governments begin the essential work of addressing the systemic racism that permeates every aspect of our society. Pretrial jailing and unaffordable money bonds became a focal point of that movement following the earlier deaths of Kalief Browder and Sandra Bland. In Illinois, the 2020 COVID-19 spring deaths of Nickolas Lee, Jeffrey Pendelton, Karl Battiste and others awaiting trial in Cook County Jail exposed the potentially deadly consequences of pretrial jailing and increased the pressure to end money bond.

“While we celebrate this moment, we know that our fight is not over. In the coming weeks and months, we will continue to ensure the law is implemented as intended. We look forward to working with people across the state to implement this law and continue the fight to protect our communities!”

* Freedom Caucus…

Chris Miller, the chairman of the Illinois Freedom Caucus is issuing the following statement on the changes to the SAFE-T Act the Legislature approved today.

“The people of Illinois asked for changes to the SAFE-T Act but as is often the case, be careful what you wish for because you just might get it. What we as Illinois residents got was not safer streets and real reforms but rather one of the most far-left pieces of legislation ever passed in Illinois history.

The SAFE-T act now includes provisions to allow criminals charged before the effective date on Jan. 1st to be charged under the new SAFE-T Act rules. It also reduces penalties for repeat offenders and makes consecutive sentencing permissive rather than mandated which means a criminal who awaiting trial could conceivably commit the same crime again and serve both sentences concurrently. The legislation also could put victims of sexual assault in the same room as their abuser within 48 hours of the assault for a detainment hearing.

The changes to the SAFE-T Act are not wholesale changes. They are cosmetic at best. The original intent of the legislation was to radically transform our judicial system and that is still the intent. We don’t need a new criminal justice system. We need a system that is fair and one that protects honest citizens. The concerns about the SAFE-T Act have always been centered on the ramifications this law would have on public safety. Nothing about what the Legislature did today alleviates any of those concerns. The intent has always been to codify the radical policies of far-left prosecutors like Cook County State’s Attorney Kim Foxx into law and that is exactly what this legislation does despite the so-called improvements to the bill.”

The Illinois Freedom Caucus is comprised of State Representatives Adam Niemerg (R-Dieterich); Chris Miller (R-Oakland); Brad Halbrook (R-Shelbyville); Blaine Wilhour (R-Beecher City) and Dan Caulkins (R-Decatur). The members of the Illinois Freedom Caucus are members of the Illinois General Assembly who are advocating for limited government, lower taxes and accountability and integrity in government.

1 Comment

Lunchtime roundup

Thursday, Dec 1, 2022 - Posted by Rich Miller

* Congrats…

Justice Joy V. Cunningham has been sworn-in as the newest member of the Illinois Supreme Court. https://t.co/5lYnyyk4QN pic.twitter.com/dY3HNioIDM

— Illinois Supreme Court (@illinoiscourts) December 1, 2022

* Floor action…

The IL House just voted 95-11 to pre-authorize 12-year renewals for 8 TIF districts, including 4 in Chicago:
• 111th/Kedzie
• Galewood/Armitage
• Canal/Congress
• Madison/Austinhttps://t.co/zasnfEdIKH

— Alex Nitkin (@AlexNitkin) December 1, 2022

* Politico…

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…

Rail union support for ⁦@ChuyChicago⁩ pic.twitter.com/Qo5kpHPrKB

— Mary Ann Ahern (@MaryAnnAhernNBC) December 1, 2022

* Today in DuPage…

* And lastly…

Holiday season Bank merger news. https://t.co/8WhsFxKaxa via @crainschicago

— Jim Kirk (@kirkjim12) November 30, 2022

I’d suggest for the reporter’s market, no overdraft fees.

— Rick Pearson (@rap30) December 1, 2022

28 Comments

*** UPDATED x7 *** Backgrounder on Pretrial Fairness Act changes

Thursday, Dec 1, 2022 - Posted by Rich Miller

* 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.

Trespassing
Q: Can police detain or arrest someone from trespassing?

A: Yes. The Pretrial Fairness Act always allowed this. This amendment clarifies that a police officer can arrest someone for trespassing if …

• The person poses a threat to the community or any person;
• *Arrest is necessary because criminal activity persists after issuance of the citation; or
• The accused has an obvious medical or mental health issue that poses a risk to their safety.

If the above conditions are not present, a citation would be issued.
*Note: This provision was added to clarify the intent of the initial Pretrial Fairness Act.

Dangerousness standard

Makes consistent throughout the entire act what a prosecutor must show to detain an individual on grounds the individual is a threat. This “dangerousness standard” is: the person poses a real and present threat to any person or persons or the community, based on the specific, explainable facts of the case.

Detention net

Adds non-probationable felonies, forcible felonies, hate crimes, attempts of crimes that are otherwise detainable, and others to the list of crimes that qualify someone for detention. The underlying goal for all of this is that dangerous people should be detained while those who merely lack resources and do not pose a threat should not.

Judicial arrest warrants

Clarifies that judges can issue arrest warrants or summons when someone misses their court date. They currently lack this flexibility.

A summons is an official notice to appear in court.

An arrest warrant tells police to arrest and detain.

Also clarifies what constitutes “willful flight” to stress that the intent is to detain those who are actively evading prosecution, not someone who failed to appear in court because, for example, they missed their bus.

Discuss.

*** 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…

Illinois Senate Republicans raise objections to the revised SAFE-T Act leaving non-violent burglary out of the list of detainable offenses. The bill allows judges to detain suspects accused of home burglary or "burglary where there is use of force against another person." pic.twitter.com/86dM7lmQbH

— Mark Maxwell (@MarkMaxwellTV) December 1, 2022

*** UPDATE 2 *** Senate President Harmon just said there was a “technology issue” that kept members from voting. Could be a redo…

*** UPDATE 3 *** Harmon moved to reconsider the vote. Motion passed. They’re checking the equipment now.

*** UPDATE 4 *** New roll call…

*** UPDATE 5 *** Press release…

Senate President Don Harmon (D-Oak Park) issued the following statement today after the Senate passed legislation clarifying certain portions of the Pretrial Fairness Act:

“Our goal when we passed the Pretrial Fairness Act nearly two years ago was to overhaul a broken criminal justice system, one in which dangerous people could buy their way out of jail while people accused of non-violent crimes remain detained as they await their day in court simply because they lack resources.

“The measure we passed today preserves that goal while providing clarifications to eliminate any misunderstandings and ensure the implementation of this groundbreaking reform is smooth.”

*HB1095 is now pending before the Illinois House.

*** UPDATE 6 *** Since this topic was repeatedly mentioned during the debate…

Re-upping this because of another press conference: The Pretrial Fairness Act makes it *harder* for defense attorneys to call victims to the witness stand in detention hearings. #twill https://t.co/cYxf1Fc51r

— Madeleine Behr (@madeleinebehr) April 6, 2022

*** UPDATE 7 *** Just barely passed. Democratic Reps. Tarver and Yingling did not vote…

…Adding… Very close…

Dem Reps. Fred Crespo+Jawaharial (Omar) Williams were the two last-minute aye votes that pushed the bill to the 71-vote threshold required for an immediate effective date. Was a long open roll call (not the longest I’ve ever seen). Dem Reps. Curtis Tarver+Sam Yingling didn’t vote https://t.co/Zq2SEEcZjC

— Hannah Meisel (@hannahmeisel) December 1, 2022

16 Comments

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%.

SJ-R…

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.

Yesterday…

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.

12 Comments

Live coverage

Thursday, Dec 1, 2022 - Posted by Isabel Miller

* Follow along with ScribbleLive…

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Appellate court finds judge abused discretion; reverses, vacates contempt rulings against DCFS Director Smith, but doesn’t let agency off hook

Wednesday, Nov 30, 2022 - Posted by Rich Miller

* Background is here if you need it. From the First District Appellate Court with an opinion authored by Justice Joy Cunningham and Justices Hoffman and Delort concurring…

This consolidated appeal of 10 cases arises from the circuit court of Cook County’s orders finding the appellant, Marc D. Smith, who is the director of the Department of Children and Family Services (DCFS), in indirect civil contempt of court. The contempt finding was imposed on Director Smith for not finding appropriate placements for each of the minors in question as ordered by the trial court. This court granted motions to consolidate the cases on appeal because of the similar fact patterns, arguments, and findings by the trial court in each of the cases. Each case is directed against Director Smith in his official capacity. The Office of the Public Guardian of Cook County filed petitions for rules to show cause on behalf of each of the minors in these consolidated cases. The Office of the Public Guardian of Cook County asserted that Director Smith and DCFS did not find appropriate placements for the minors in either a residential treatment center or a specialized foster home as ordered by the trial court. After the issuance of a rule to show cause and a contempt hearing conducted by the trial court, the trial court found Director Smith in indirect civil contempt of court for failing to place each of the minors in appropriate placements as ordered by the court. As a result of the trial court’s contempt finding, Director Smith was initially fined $1000 per day by the trial court. In order to purge the contempt finding and its consequences in each case, the trial court ordered that each minor in the specific case before the court be placed in an appropriate setting.

On appeal, Director Smith argues that the circuit court erred by (1) finding that he should be held in indirect civil contempt in each minor’s case; (2) alternatively finding that the consent decree entered in B.H. v. Smith, 88-C-5599 (N.D. Ill. 1997), an unrelated case, did not bar the court from finding him in contempt; and (3) finding that the Integrated Care Center at Aunt Martha’s (ICC) was not an appropriate placement for the minors in question and therefore did not purge the contempt finding imposed upon him.

For the following reasons, we reverse the judgments of the circuit court of Cook County.

The court then goes over all of the consolidated appeals and the numerous, often failed, efforts made by DCFS employees to place kids in appropriate settings.

* Back to the opinion…

In the cases before us, there are no disputes amongst the parties that DCFS did not comply with the trial court’s orders to place each of the minors in an appropriate residential treatment center or specialized foster home, based on the recommended level of care needed by the minor, by a date certain imposed by the court. Therefore, a primafacie case was made in each case that Director Smith did not comply with the trial court’s orders. The parties dispute, however, whether Director Smith and DCFS were unable, through no fault of their own, to place each minor in an appropriate residential facility or foster home in accordance with the court’s orders. Thus, the parties disagree regarding whether Director Smith met his burden of proving his inability to comply with the court’s placement orders within the given time parameters.

Director Smith claims he made every possible effort to place the minors appropriately in accordance with the court’s orders but circumstances beyond his and DCFS’s control prevented the appropriate placements within the time mandated by the trial court’s orders. For example, he cites the unwillingness of various residential treatment centers to take some of the minors, such as R.A. On the other hand, the GAL and the amicus curiae brief focus their arguments on various methods that were not employed by DCFS to secure appropriate placements for the minors in accordance with the trial court’s orders. They argue vigorously that there were other avenues available to DCFS to secure appropriate placements for the minors, yet DCFS continued to employ ineffective methods that it should have known would fail.

Because we believe R.A.’s situation is illustrative of the main issues and arguments regarding whether DCFS and Director Smith’s actions were willful and disregarded the trial court’s order, we focus our analysis of this issue on R.A.’s particular situation. We note, also, that the trial court specifically found that Director Smith had “ignored’ the trial court’s orders in the majority of the cases in which the court made a contempt finding. […]

As explained, the record shows that while DCFS’s efforts were clearly ineffective, the trial court’s orders were not ignored. Accordingly, the court’s ruling that its orders were ignored, thereby resulting in a finding of indirect civil contempt by Director Smith, was erroneous. […]

Further, it should be noted that R.A., like each of the minors in question, presented with very complicated histories, personal circumstances, and specific treatment plans. It was, therefore, appropriate for the trial court to address Director Smith’s argument regarding whether he was able to comply with the trial court’s orders. The trial court did not entertain any such consideration, however.

While we recognize that the court could reasonably have been frustrated by the pace of Director Smith and DCFS in finding appropriate placements for the minors, the record belies the trial court’s written finding that Director Smith and DCFS “ignored” the court’s orders. On the contrary, the record bespeaks a great deal of activity by DCFS following each court order, notwithstanding that the activity was, at times, seemingly inefficient and clearly ineffective. Notwithstanding, that activity shows that DCFS made efforts to comply with the court’s order to place each minor by a date certain prior to the trial court’s contempt finding. We note that in L.R.’s case, for example, DCFS did follow up with a residential treatment center to offer services to make the placement feasible for L.R. That residential treatment center still declined L.R., so that effort was fruitless. Although the effort failed to amount to L.R. being appropriately placed, it cannot be said that Director Smith “ignored” the trial court’s order in that case as the court found in its contempt ruling. […]

The only activity that the trial court could consider in determining whether there was compliance with its orders was the activity of Director Smith and DCFS after the date of the entry of the court’s orders for appropriate placement of each minor. Therefore, any arguments regarding how Director Smith and DCFS handled the placements of the minors before the placement orders are irrelevant to a finding of contempt in each of these consolidated cases. […]

While it does not appear that DCFS and Director Smith demonstrated a sense of urgency to find appropriate placements for the minors, clearly some efforts were made. Although we do not condone DCFS’s repetitive use of the same ineffective methods to place minors in these cases, we cannot say, in light of the record in each of these cases, that Director Smith ignored the trial court’s orders to find appropriate placement for the minors. Further, the trial court gave no consideration to DCFS’s ability to comply within the specified time imposed the complexity of these cases, the resources available, and the time parameters imposed by the trial court, it would have been appropriate for the court to consider DCFS’s argument regarding its inability to comply. Accordingly, we find that the trial court abused its discretion in entering findings of indirect civil contempt against Director Smith in each of these consolidated cases. […]

Nevertheless, although we acknowledge that DCFS and Director Smith did make some efforts to comply with the placement orders, those efforts fell woefully short of expectations. DCFS is tasked with providing for some of the state’s most vulnerable youth, who present a wide range of significant challenges. The fact that some of the minors were hospitalized beyond medical necessity or left in inappropriate placements for months, or even over a year in some instances, is absolutely unacceptable. While the trial court erred in the methods it employed to coerce Director Smith into action in these cases, it is clear that the trial court was attempting to address a serious, widespread problem. We note that the trial court ultimately achieved its goal of having all the minors at issue placed in appropriate settings. Thus, the ultimate goal was achieved. […]

CONCLUSION

For the foregoing reasons, we reverse the judgments of the circuit court of Cook County in each of the consolidated cases addressed in this opinion, except in appeal Nos. 1-22-0233 and 1-22-0540, where we vacate the judgments.

Thoughts?

…Adding… From DCFS…

“We are pleased that the Appellate Court found the contempt orders were erroneous. As the Appellate Court described, DCFS has been actively working to secure clinically appropriate placements for these children. Based on the record of DCFS’ actions, the Appellate Court found it was an abuse of the trial court’s discretion to hold the agency in contempt. DCFS will continue working closely with the trial court to ensure children are placed as quickly as possible in clinically appropriate settings, as we have done with each of the youth cited in the contempt orders. After years of neglect by prior administrations and staffing challenges worsened by a global health pandemic, DCFS has, under the current leadership, continually added therapeutic beds to ensure that children with medically complex conditions and behavioral challenges are placed in the appropriate settings.”

Background:
This administration’s efforts are showing demonstrable results. DCFS has dramatically reduced the number of children who are “beyond medical necessity.” Today, the number of youth who are “beyond medical necessity” is down by more than 80 percent.

Key takeaways from the ruling:

“The court’s ruling that its orders were ignored, thereby resulting in a finding of indirect civil contempt by Director Smith, was erroneous.” (page 42)

“In each case, the trial court held Director Smith in indirect civil contempt while also acknowledging that DCFS actively engaged in trying to find appropriate placements for the minors. At times, the court commented on the activity in which DCFS was engaged in trying to secure appropriate placements for the minors. The trial court, nonetheless found that Director Smith was in contempt for failing to comply with the court’s placement orders, opining that DCFS had ‘ignored’ the trial court’s orders. Such a ruling was inconsistent with the record.” (page 42)

“We find that the trial court abused its discretion in entering findings of indirect civil contempt against Director Smith in each of these consolidated cases.” (page 45)

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Live coverage

Wednesday, Nov 30, 2022 - Posted by Isabel Miller

* Follow along with ScribbleLive…

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*** UPDATED x1 *** Local 150 backs Chuy Garcia for mayor

Tuesday, Nov 29, 2022 - Posted by Rich Miller

* This is big. This means money, this means people, this sets up a battle between trades and the CTU…

This evening, the International Union of Operating Engineers Local 150 announced its endorsement for Jesús “Chuy” García in the upcoming Chicago mayoral race. Local 150 President-Business Manager James M. Sweeney issued the following statement:

The upcoming election will be a pivotal moment for the City of Chicago. Chicago is a world-class city with potential for enormous success and prosperity, but getting there will require a leader with experience bringing people together, facing difficult challenges, and delivering results.

Jesús “Chuy” García is the right leader to move Chicago forward, and on behalf of the 23,000 members of Local 150, I am proud to give him our endorsement. Chuy has spent the past 40 years as a public servant, and during his time as committeeman, alderman, state legislator, and today as a Congressman, he has brought people together to find solutions.

As a Congressman, he has been a leader in a caucus that has accomplished more in the last two years than many thought possible, including the Bipartisan Infrastructure Law and the Inflation Reduction Act. In his service on the House Committee on Transportation and Infrastructure, he has fought to bring good jobs to our communities and to rebuild the economic backbone of our nation. The Chicago skyline, once crowded with tower cranes, is eerily quiet today as development has failed to rebound in the wake of the pandemic. Chicago needs a leader who knows how to fire up our economy.

I am a lifelong resident of Chicago, and I have never seen so much anxiety in the neighborhoods. It is no secret that crime and safety are among the most pressing problems facing all of us who live and work in Chicago. Residents don’t feel safe, and when our communities need economic growth more than ever, concerns about crime have stalled development. Chicago needs a leader who brings people together rather than dividing them. Chuy will rebuild the partnership with law enforcement to solve the problems that plague our communities and threaten growth Downtown.

We believe that Jesús “Chuy” García is the leader to bring Chicago into a prosperous new era of growth, safety and optimism, and we have committed significant resources to his campaign for Mayor.

The International Union of Operating Engineers, Local 150 is a labor union representing 23,000 working men and women in Illinois, Indiana and Iowa. Local 150 represents workers in construction and related industries, including material production, heavy equipment operation, concrete pumping, steel mill service, slag production, public works and others.

*** UPDATE *** From US Rep. García…

“As we begin this journey towards a more fair, more prosperous Chicago for all, I’m honored to have the support of the International Union of Operating Engineers Local 150 and the 23,000 hardworking men and women they represent.

“As the son of Teamsters and a former Teamster and Retail Garment Worker Union member, I know first-hand the difference good-paying union jobs make for working families. I’ve organized alongside my union brothers and sisters to secure better wages, work conditions, and benefits. That’s why I’m proud to have Local 150’s support as we continue fighting for a brighter future for all of Chicago’s working families.”

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Pritzker announces agreement to eliminate unemployment trust fund debt

Tuesday, Nov 29, 2022 - Posted by Rich Miller

* Crain’s…

Gov. J.B. Pritzker is moving to pay off more than $1 billion in remaining debt in the state’s unemployment insurance trust fund and set aside with a little extra for hard times that may be ahead—actions already drawing a sigh of relief from the state’s business community.

In an announcement today in Springfield, Pritzker said he intends to allot, subject to General Assembly approval, a total of $1.8 billion to the fund, which pays weekly benefits to laid-off workers.

The bulk of the money, $1.36 billion, will pay off what’s left of what had been $4.5 billion in borrowing from the U.S. Treasury at the height of the COVID-19 pandemic. The remaining $450 million will be loaned without interest to the unemployment insurance trust fund. As the loan is repaid over the next 10 years, funds will be deposited directly into the state’s rainy-day reserve fund, rather than being spent.

Watch the press conference here.

…Adding… Pritzker stressed this agreement was reached through the agreed bill process. That process brings labor and business to the table.

…Adding… Here’s the press release…

Governor JB Pritzker announced today an historic agreement to pay off the remaining $1.36 billion unemployment insurance loan balance, replenish the fund for the future, and protect benefits for working families. The agreement will save taxpayers an estimated $20 million in interest costs that would be due next September and preserves hundreds of millions of dollars in future federal tax credits for Illinois employers.

The agreement between representatives from business, labor, bipartisan members of the General Assembly, and the state, will contribute more than $1.8 billion in state funds to the unemployment insurance trust fund, which includes the payment of the remaining federal loan balance borrowed under Title XII of the Social Security Act. The remaining $450 million will be placed into the trust fund from state funds as an interest-free loan. As the loan is repaid over the next ten years, funds will be deposited directly into the state’s rainy-day fund.

“I’m proud to announce that together, we’ve reached a historic, bipartisan agreement to eliminate pandemic-induced UI Trust Fund debt, replenish the fund for the future, protect benefits for working families, and further fuel Illinois’ strong economic trajectory,” said Governor JB Pritzker. “Republicans and Democrats are delivering a historic state investment of $1.8 billion to the Unemployment Trust Fund. This bipartisan agreement eliminates the final portion of the $4.5 billion debt forced upon our state during the pandemic and saves Illinois businesses and taxpayers hundreds of millions of dollars over the next decade.”

“The people of our state deserve a secure future, one that supports working families and continues to make Illinois a great place to live,” said Lt. Governor Juliana Stratton. “Through collaboration and a shared vision among the stakeholders who came together in the work, this agreement is another example of our commitment to responsible, forward-thinking leadership that builds the groundwork for a strong economy for years to come.”

“In my brief tenure as Senate President, what I’m most proud of is the work we’ve done to restore fiscal stability, said Senate President Don Harmon (D- Oak Park). This agreement is yet another step forward. I applaud everyone involved for coming to the table with workable ideas and the desire to be part of a solution.”

“The pandemic created unprecedented challenges for unemployment insurance systems across the nation and without action, Illinois employers would have faced crushing tax increases in the midst of other challenges. This agreement will ease that pressure and provide greater stability for our system, while also ensuring employers pay over $900 million less in taxes over the next five years than they otherwise would have,” said Rob Karr, President and CEO of the Illinois Retail Merchants Association. “On behalf of the Joint Employers, we extend our appreciation to our partners in organized labor, Gov. JB Pritzker and his staff, the Illinois Department of Employment Security, and the Democratic and Republican caucuses in the House and Senate for their dedication to working together to solve what we hope is a once-in-a-lifetime crisis.”

“Responsible fiscal decisions and new lows in unemployment claims have put our state in an advantageous position,” said State Senator Bill Cunningham (D-Chicago). “Thanks to the collective work of so many, our budgets are balanced, and we have the opportunity to fully pay down our debt in a timely manner.”

“This action is just the latest building block in our efforts to improve the financial status of our state,” said State Senator Linda Holmes (D-Aurora). “By paying what we owe and continuing to pass responsible budgets, our state’s fiscal status only continues to improve.”

“I’m proud of the long hours negotiators on both sides have put into creating this agreement,” said State Senator Sue Rezin (R-Morris). “It’s good to know we’re working together to pay off debt and even better to know that the funds previously allocated to paying down that debt will now go to shoring up the state’s Rainy Day Fund.”

“Paying off the unemployment insurance trust fund debt is a crucial step in our state’s continued recovery from the fiscal crisis brought on by the COVID-19 pandemic,” said State Representative Marcus Evans (D-Chicago). “Thanks to the hard work of my colleagues in the legislature, Governor Pritzker, and numerous stakeholders in the business community and organized labor, we can now proudly say we are on the path toward fiscal security in the state of Illinois.”

“This monumental agreement is an example of what is possible when sound financial choices are made,” said State Representative Jay Hoffman (D-Swansea). “Through these actions, we’re saving taxpayer and employer dollars while maintaining unemployment benefits and building on the state’s record of success in meeting our obligations.”

“This has been a long and tough process, but everyone stuck with it even when there were disagreements,” said State Representative Mike Marron (R-Fithian). “As a result, Business, Labor, Republicans, Democrats, the Governor, the Legislature, and IDES came together to get this deal done that will help both small business owners and Illinois workers.”

“This is a good agreement for both employees and the business community in the State of Illinois,” said State Representative Dan Ugaste (R-St. Charles). “Across-the-aisle cooperation of this type is what provides the best results for everyone in the State.”

“The Illinois Department of Employment Security has been proud to work alongside the partners of the agreed bill process and is pleased the outcome is beneficial to the state, workers, and employers,” said IDES Director Kristin Richards. “The state’s Trust Fund is a critical resource, and ensuring its healthy future is in the best interest of our state’s economy.”

The agreement strengthens the state’s trust fund, alleviates a burden looming over businesses, and ensures there are no reductions in both the standard number of weeks of unemployment benefits and the amount a person can claim. The agreement is expected to pass via bipartisan legislation during upcoming legislative sessions.

The unemployment trust was forced to borrow $4.5 billion in federal funds to provide economic relief to the unprecedented number of unemployed workers throughout the Covid-19 pandemic.

This is the third significant contribution to the outstanding loan balance. In March of 2022, Governor Pritzker signed legislation which provided an historic $2.7 billion contribution to assist the state’s unemployment trust fund via one-time federal ARPA dollars; in September of 2022, another $450 million payment was made toward the loan balance from the fund itself due to months-long historically low unemployment claims.

In addition to months of historically low unemployment claims, the state has created 770,000 more jobs since the bottom of the pandemic recession and surpassed one trillion dollars in GDP for the first time in history.

…Adding… IL Chamber…

Following today’s press conference, Illinois Chamber President and CEO Todd Maisch issues the following response:

“We were happy to participate in the negotiations that led to today’s agreement on the unemployment insurance trust fund deficit,” Maisch said. “Today’s agreement illustrates the results that can be achieved when everyone works together cooperatively to tackle the big issues facing our state. As we head into an uncertain economy, employers will benefit from the minimization of tax increases.”

…Adding… IL AFL-CIO…

Following Governor Pritzker’s announcement to pay off the state’s unemployment deficit and provide structural funding reforms to the unemployment trust, IL AFL-CIO Secretary Treasurer Pat Devaney released the following statement:

“Governor Pritzker’s announcement to pay the state’s remaining $1.36 billion debt to the unemployment trust fund and implement structural funding reforms is a win for both businesses and working people.

Today’s achievement is the result of bipartisan, bicameral negotiations led by Governor Pritzker’s Administration. Organized labor, businesses of all sizes, and elected leaders set aside their differences to advocate for working people. As a result, taxpayers will be spared millions of dollars in interest payments and our unemployment trust fund will move from a state of deficit to solvency – now and in the future.

Illinoisans can rest easy knowing that the future of our state’s unemployment system will reflect the needs of working people and those facing economic hardship. We are grateful to Governor Pritzker, the Illinois General Assembly, business, and labor leaders who came together to agree on commonsense policy that will benefit working families across Illinois.”

…Adding… IMA…

The Illinois Manufacturers’ Association (IMA) released the following statement regarding an agreement between business, labor and Democratic and Republican lawmakers to address the remaining $1.36 billion debt that currently exists within Illinois’ Unemployment Insurance Trust Fund:

“This bipartisan agreement will save manufacturers and other businesses more than $900 million in higher taxes while preserving the solvency of the Trust Fund at a time of economic uncertainty,” said Mark Denzler, President and CEO of the Illinois Manufacturers’ Association. “We applaud the Governor and lawmakers for contributing $4 billion in federal dollars to help eliminate the debt resulting from the global pandemic that would have otherwise been forced upon struggling businesses across Illinois.”