The Eeyore editorial board strikes again
Friday, Feb 18, 2022 - Posted by Rich Miller
* Tribune editorial board…
You may have heard that Illinois is among the top 10 states nationally in business startups for 2021, with nearly 200,000 businesses formed last year. That’s up from 170,400 in 2020. And 2020 was also a very good year.
Gov. J.B. Pritzker took credit for this positive development, declaring the state to be “back, and open for business” and touting some of his pet economic projects.
The governor’s triumphant recent statement, which claimed Illinois was sixth in the nation when it came to the number of 2021 startups, omitted any reference to the flip side of business startups: business failures. Unfortunately, a lot of Illinois businesses went bust in the pandemic years of 2020 and 2021, though we don’t have a figure comparable to the U.S. Census count of “business applications” that Pritzker equated with startups (which is only a rough approximation, at that).
The governor also overlooked how severe layoffs early in the pandemic drove some of the suddenly unemployed to launch their own ventures out of desperation, and how the anemic growth of the labor force continues to put a drag on business creation nationwide.
And did he mention that business startups appear to be slowing, so that 2022 is likely to be below the 2021 peak? Or that business failures probably will run high in 2022, partly because new ventures often fail in their first year or two?
Always, always, always look on the dark side when it comes to Illinois. They just can’t help themselves. “If it is a good morning, which I doubt.”
…Adding… OneMan with an all-time classic in comments…
Glad to see Debbie Downer is writing for the Trib.
The Trib Editorial Board Writes For Other Parts Of The Paper
Weddings:
The bride and groom were all smiles despite the fact half of all marriages end in divorce.
High School Sports:
The coach said he was happy to win the state championship, he didn’t mention how this might be the peak of some of his players’ lives and it might be all downhill from here.
Business:
When mentioning how they were pleased with store-to-store performance increases over the year McDonald’s executives didn’t address the fact that eventually, every single one of their current customers will die.
* I mean, even that grumpus David Greising is starting to come around a bit, albeit while avoiding any direct credit for the governor because maybe Griffin…
Mendoza introduced the concept before the pandemic hit in 2020. She’s bringing it back because the economy is recovering and the strong outlook for state revenues makes the idea of mandatory payments toward pensions and the rainy-day fund more politically palatable.
Pritzker’s budget proposal, delivered earlier this month, could set the stage for what Mendoza is trying to accomplish. He has earmarked $500 million between now and the end of the next fiscal year toward one-time pension payments and roughly $900 million toward rebuilding the rainy-day fund, formally known as the budget stabilization fund.
“You can see where it’s not traditionally in the wheelhouse to put $800 million or $500 million or $200 million into the rainy-day fund because there are so many interests that want that money right now,” Mendoza said. “But saying we’re going to put that money to protect ourselves from a fiscal downturn is a very disciplined approach.”
Such a law would mark a sharp change for one of the most profligate states in the union. Gov. J.B. Pritzker has celebrated the state’s credit upgrade last year, its first in two decades, with reduced taxes on gas and groceries and a property tax rebate: $1 billion in all. He calls the package the Family Relief Plan, which has a nice election-year ring to it.
24 Comments  
|
* From Jordan Abudayyeh…
The Governor is disappointed in the appellate court’s decision and concerned for the health of those in schools – particularly vulnerable children and adults – and the ability to continue in-person learning. The administration is working with the Attorney General to request an expedited review of this decision from the Supreme Court.
In the meantime, the Governor urges everyone to continue following the doctors’ advice to wear masks so students can remain safely learning in classrooms, and is encouraged that the court made it clear that school districts can continue to keep their own mitigations in place.
…Adding… Republican AG candidate Steve Kim…
“JB Pritzker and Kwame Raoul have continued this needless crusade instead of addressing the issues that are holding this state back. It’s time for Kwame Raoul and JB Pritzker to stop pursuing frivolous mandates and address crime and corruption that is costing our state millions every year.
“The courts have spoken. We must empower our families and their civil liberties and end the mandates to return liberty to parents and their children.”
…Adding… Senate GOP Leader Dan McConchie…
The Governor’s quest for total control over our schools appears to be continuing as he once again is doubling down on his mask mandate on students. Pritzker is failing to accept defeat as his ego and desire for power continue to lead him through his decision-making process. It’s clear that the Governor can’t stand the thought of loosening his grip on ruling unilaterally through the pandemic, thus he is willing to go to every extent possible to maintain that power. The fact that he is easing the mask mandate on nearly everyone but students just proves his true intentions.
*** UPDATE *** Press release…
Attorney General Kwame Raoul today issued the following statement regarding the late-night decision issued by the Illinois Appellate Court of the 4th District.
“Late last night the Appellate Court declined to issue a substantive decision in the appeal, and we are disappointed by the court’s ruling. The Appellate Court’s failure to address the important legal issues in question has added to the confusion resulting from the circuit court’s decision prioritizing a relatively small group of plaintiffs who refuse to acknowledge science or the need for public health measures to protect vulnerable Illinois residents.
“The Appellate Court’s ruling focuses exclusively on the emergency rulemaking process used by the Illinois Department of Public Health with respect to a single technical rule. That rule does not affect the executive orders issued by the governor under the Illinois Emergency Management Agency Act, including the governor’s executive order requiring the use of masks in school, the exclusion from school of persons exposed to COVID-19, and testing of unvaccinated school employees working on school premises. That order continues to apply to all persons not specifically named as plaintiffs in the Allen, Austin, Graves and Hughes matters.
“While the Appellate Court’s ruling does not affect the enforceability of the governor’s executive orders, the decision does fundamentally misapply important principles of Illinois law related to the issuance of temporary restraining orders, such as the order issued by the trial court. Attorney General Raoul intends to immediately ask the Illinois Supreme Court to address these significant legal errors and preserve the integrity of the rule of law in Illinois. The COVID-19 pandemic is not over, and the Attorney General is committed to defending the governor’s actions to mitigate the spread of a virus that has resulted in more than 32,000 deaths in Illinois alone, and to protecting the health and safety of all Illinois residents.”
47 Comments
|
* Bloomberg…
An Illinois appellate court dismissed Governor J.B. Pritzker’s appeal of a lower court’s ruling against his mask mandate in schools, calling the request “moot” after a legislative committee suspended the requirement’s renewal.
On Thursday, the Illinois Fourth District Appellate Court rejected the appeal, noting that the state’s department of public health on Feb. 14 had renewed the emergency rules, originally enacted in September 2021, but that a legislative committee had then suspended that renewal this week.
“Thus, none of the rules found by the circuit court to be null and void are currently in effect,” the court wrote in its ruling on Thursday. “Accordingly, for the following reasons, we dismiss defendant’s appeal because the expiration of the emergency rules renders this appeal moot.”
* From the decision…
While the public is rightfully interested in the propriety of the circuit court’s determination that the emergency rules are “null and void,” such circumstances do not automatically make the issue one of a public nature as defined by the public-interest exception. Further, given the changing nature of the COVID-19 pandemic—which affects the State defendants’ response to the pandemic—and JCAR’s decision on February 15, 2022, it is not clear these same rules would likely be reinstated. As a result, we do not find the public-interest exception applies in this case.
Man, the three House Democrats on JCAR really put the state’s position in a bad spot when they voted to suspend that emergency rule.
* And what about the governor’s executive orders? Pritzker believes they are still in effect for schools that are not part of the case, but nobody really knows for sure. From Justice Holder White’s dissent…
As it stands, the majority’s decision leaves open the question of whether the circuit court properly enjoined the enforcement of the executive orders.
…Adding… Jesse Sullivan…
Gubernatorial candidate Jesse Sullivan issued the following statement:
“This governor will stop at nothing to ensure he alone controls the lives of our schoolchildren. More than 500 Illinois school districts were already ignoring his hollow threats. Now, the appellate court has sided with parents in striking down Pritzker’s mandate. The governor has proven he only cares to listen to the most extreme ideologues within the Chicago Teachers Union and Washington D.C. As governor, I promise to put parents’ voices first.”
…Adding… CPS…
Chicago Public Schools (CPS) stands by our proven COVID-19 safety mitigation measures and is pleased the Appellate Court has confirmed that the Temporary Restraining Order does not prohibit school districts from independently requiring masks, vaccinations for staff, and requiring individuals who have tested positive or have been exposed to COVID-19 to learn/work from home. Our schools will continue to enforce these policies, including mandated universal masking.These safety measures are what have allowed us to provide our students with the in-person learning environment they need throughout this school year. We will continue to follow these protocols until such time as our public health partners advise us that restrictions can be safely lifted.
We are encouraged to see COVID-19 cases dropping, and we remain optimistic about what this will mean for our school communities in the future. Our top priority remains the safety and stability of CPS students, staff, and families.
Background
• February 4, a downstate court issued a legal decision regarding Governor Pritzker’s requirements for COVID-19 safety measures in schools. This decision was immediately appealed by the Illinois Attorney General. Today the appellate court upheld local control, clarifying the TRO does not prohibit school districts from implementing their own safety policies and protocols with the following language:
“We note the language of the TRO in no way restrains school districts from acting independently from the executive orders or the IDPH in creating provisions addressing COVID-19. Thus, it does not appear the school districts are temporarily restrained from acting by the court’s TRO.”
…Adding… IFT…
Illinois Federation of Teachers (IFT) President Dan Montgomery issued this statement following the 4th District Appellate Court’s ruling on the motion for a stay.
“The Illinois 4th District Appellate Court’s decision released late last night makes one thing clear: school districts are free to implement their own safety measures around COVID-19. And they should. Since the beginning of this pandemic, we have insisted that proper mitigations are in place to protect students, teachers and staff, and their families. This was to reduce sickness and death and to keep schools open for in-person learning as much as possible. Today’s appellate court ruling does nothing to change that calculus.
“We continue to insist that school districts statewide abide by existing collective bargaining agreements that are in place to promote health and safety in schools and to follow our laws around safe schools and workplaces. As cases continue to decline, discussions about removing these mitigations must be based on good public health decisions. Medical science tells us that vaccinations, masking, and proper ventilation have been the best ways to maintain health in schools. Schools have been able to remain open because of the implementation and enforcement of these mitigation strategies designed to protect everyone in school communities, including their families.”
…Adding… IEA…
The following is attributable to Illinois Education Association (IEA) President Kathi Griffin regarding the 4th District Appellate Court ruling on the State of Illinois’ appeal of Judge Grischow’s Feb. 4, 2022, Temporary Restraining Order (TRO) in the Sangamon County COVID school litigation:
“We appreciate the clarity brought forth in the Fourth District Appellate Court’s decision last night dismissing defendants’ appeal of the temporary restraining order (TRO) finding that the expiration and non-renewal of Illinois Department of Public Health and Illinois State Board of Education emergency orders regulating COVID mitigations in schools made their arguments moot. There has been much confusion over what Circuit Court Judge Raylene Grischow’s original ruling even meant. It appeared to apply only to those districts named in the original court cases, which would be about 150. But according to school administrators, there are at least 500 mask-recommended districts now in Illinois.
“Students crave consistency. But, Judge Grischow’s Feb. 4 decision to enter a TRO in the case sent schools into chaos.
“A bright spot in the decision clarifies for which parties the TRO applies. The appellate court affirmatively stated that ‘the language of the TRO in no way restrains school districts from acting independently from the executive orders or the IDPH in creating provisions addressing COVID-19.’
“These past few weeks have been tumultuous in schools around the state. They have been described by some as the worst time in our teachers’ and education employees’ careers. They’re getting angry emails, having to comfort scared students and are working to help calm other students who are dealing with the trauma that this pandemic has caused. Schools are supposed to be students’ safe haven. That’s not what we’ve been seeing at many of our schools recently. We know school board meetings have been canceled and schools have shut down because of threats and protests. This has to stop.
“Mitigation efforts are not political. They are put in place to keep students and school staff from getting sick, or from bringing home COVID-19 to loved ones who may be susceptible.
“As the weather gets warmer and as hospitalizations continue to decline, we are hopeful that school districts will adhere to their duty to bargain in good faith with local associations over health and safety issues, including mitigation efforts, and remind all that any existing collective bargaining agreements or memoranda of understanding around these issues remain intact.
“We need people to remember we are all in this together – parents, community members, educators and our students. There is a light at the end of this long, dark tunnel. We need to come together to find thoughtful solutions to bring some calm back to our schools, which will provide a better environment for our teachers and staff to provide students the important learning and emotional support that they need.”
…Adding… Irvin campaign…
Gubernatorial candidate and Aurora Mayor Richard Irvin released the following statement following the Appellate Court’s dismissal of Governor Pritzker’s appeal to reinstate the statewide mask mandate for schools:
”The court’s decision is a win for parents and schools across our state who have been victims of Pritzker’s unilateral control over the last two years. This is just the first step in restoring parents’ rights and getting local communities back to the table when it comes to the decision-making process.”
Earlier this week, bipartisan legislators in Springfield voted unanimously to block the Governor’s emergency powers to mandate masks in schools. Parents and communities across the state have been outspoken critics of Pritzker’s attempts to keep kids masked after announcing that the indoor mask mandate would end for everyone else.
136 Comments
|
* The Illinois House just voted to remove Republican Reps. Sosnowski, McCombie, Wilhour, Halbrook, Niemerg, Welter, Friess, Miller and Chesney from the chamber for refusing to wear face masks during session. The refusal is a violation of House rules…
Most House Republicans then walked out of the chamber with their evicted colleagues.
…Adding… Some videos…
…Adding… Sigh…
So much for Leader Durkin’s pledge to accept the consequences of the vote. Sheesh.
…Adding… Republicans requested a caucus. Democrats will also caucus. The House is now in recess for approximately one hour.
…Adding… There’s a roll call coming up. Stay tuned…
…Adding… No recorded vote for Rep. McCombie…
…Adding… Devore’s gonna do what he’s gonna do…
Later in the day, attorney Thomas DeVore, who has a temporary restraining order against the governor’s mask mandates in schools, filed suit against House Speaker Emanual “Chris” Welch, D-Hillside, in Bond County Circuit Court. The lawsuit, DeVore said, is on behalf of his state Rep. Blaine Whilhour, R-Beecher City, and himself as an individual.
“Speaker Welch has no authority whatsoever to place quarantine measures on the peoples’ representatives to keep them out of that chamber,” DeVore told The Center Square. “It doesn’t even make any sense.” […]
“They’re gonna say ‘you put a mask on or we’re going to exclude you from a foundational principle of representing your constituents,’” DeVore said. “They’re playing those games and completely eradicated [McCombie’s] district from the process. There’s no way the courts are going to stand for that.”
125 Comments
|
* I told subscribers about this earlier today. Press release…
Statement from Illinois Secretary of State Jesse White
Endorsing Anna Valencia for Secretary of State
It is an honor and a privilege to serve as Illinois Secretary of State and I thank the people of Illinois for entrusting me with the opportunity to serve them for an unprecedented six terms. I am proud of what we have accomplished during the past 23-plus years. Through our efforts, we have made Illinois roads safer, improved customer service and cleaned up an office that had been under a cloud of controversy and corruption prior to my tenure.
Since announcing I would not seek another term, I have been frequently asked who I would support as the next Secretary of State. It was important to me that such a person would be committed to good government and public service, that they would take on the job and the responsibility that goes with it, and that they would have the credentials and character that the people of Illinois richly deserve representing them in such an important office.
The Democratic Party is fortunate to have three strong candidates running for this office. However, I believe, one candidate stands out above the rest.
That’s why I am proud to announce my endorsement of Anna Valencia for Secretary of State.
I have known Anna for many years. I am impressed by her energy, commitment to public service and her dedication to getting the job done. As Chicago City Clerk, she has successfully modernized the office and made day-to-day customer service a number one priority. She has the ability and understanding to deliver important services to the public in a consistent, organized and effective manner.
Anna’s personal history gives her a unique ability to relate to Illinoisans of all backgrounds and regions. She grew up in a strong family with a commitment to the Labor movement and they continue to share the values of helping working men and women and improving society for all.
Like me, she comes from the Metro East region – a downstate area across the Mississippi River from St. Louis. Anna currently makes her home in Chicago.
Anna is an excellent fit as Secretary of State. She will be a champion of road safety, working to build on our record of saving teen lives and combating drunk driving. She will be a strong advocate for good government and enhanced customer service—keeping up with rapidly changing needs and technologies.
And as it was in 1998, this year’s election for Secretary of State will also be historic.
I made history as the first African American to be elected Secretary of State. And Anna will make history as the first woman and first Latina to be elected Secretary of State.
I believe in my heart that Anna Valencia will be an outstanding Secretary of State and I am deeply proud to offer her my unwavering endorsement.
It goes without saying that this puts her squarely in the game.
Stand by for react.
…Adding… This is a problem for two reasons…
1) The JW news is really going to put a serious damper on the festivities; and
2) As Treasurer Frerichs realized too late, state law bars campaign fundraising for executive branch constitutional offices on legislative session days. Both chambers are in session today.
…Adding… Valencia…
Secretary of State candidate Anna Valencia released the following statement today after Secretary of State Jesse White endorsed her to succeed him:
“I am humbled and honored that Secretary White has endorsed me to carry on his legacy for the people of Illinois. He made history as our first Black Secretary of State, and I look forward to earning the votes of Illinoisans to make history as the first woman and first woman of color to hold the office. Secretary White is admired, respected and beloved in every corner of Illinois because he consistently shows up and delivers for all communities. I plan to build on his legacy by bringing my experience to the Secretary of State’s office to keep making government more accessible, innovative and open. I am grateful that Secretary White is putting his faith in me, and I will never stop fighting for working class families, women, communities of color and immigrants who need a champion in their elected leaders. I am ready to carry on the torch that Secretary White is passing on to me.”
…Adding… Ald. Moore…
While I am disappointed that Illinois Secretary of State Jesse White chose to endorse one of my opponents in the race to replace him, it is not a surprise. Secretary White has a long history with Senator Dick Durbin and his pick comes out of the organizations of both elected officials.
Again, I am the only candidate in the race who helped circulate petitions for White in his first run for secretary of state in 1997. I believed he was the best person to change the perception of the office from a political steppingstone marred in scandal and corruption to one of customer service and integrity.
I will continue to travel the state to touch as many Illinoisans as possible to share my vision for how to build on the foundation White has put in place during his tenure and how to modernize and improve the secretary of state’s office for the future.
I asked if he was canceling tonight’s fundraiser, and will let you know if I hear back.
…Adding… Sen. Durbin…
“Secretary of State Jesse White’s endorsement of Anna Valencia to be the first woman to hold this statewide office is a game changer. White not only has been our most effective Secretary of State, he is hands down the most popular Democratic statewide official in modern history.”
“I am happy to join him and my colleague Tammy Duckworth in supporting Anna’s campaign to be our first woman Secretary of State.”
…Adding… Alexi Giannoulias campaign…
We’re proud of the more than 200 endorsements Alexi’s campaign has received from elected officials, Democratic groups and organized labor – including SEIU, which has more than 2,500 employees in the Secretary of State’s office, the Cook County Democratic Party and Southern Illinois Democratic County Chairs’ Association. Alexi’s broad-based, grassroots organization is a clear signal that his message of modernizing the office to reduce long lines and wait times, protect voter rights and increase opportunities to register and to reimagine libraries to increase access and equity is resonating with Illinois voters.
…Adding… Media advisory…
One day after Secretary of State Jesse White offered his “unwavering” endorsement of Secretary of State candidate Anna Valencia, Secretary White and Valencia will campaign together TOMORROW, February 18 at 11am CST at Manny’s Deli. After greeting voters, they will hold a media availability.
WHO:
Secretary of State Jesse White
Secretary of State candidate Anna Valencia
WHAT:
Campaign stop and media availability
WHEN:
TOMORROW, February 18th
11am CST
WHERE:
Manny’s Deli
1141 S Jefferson Street
Chicago, IL 60607
…Adding… Sen. Duckworth…
As the first statewide elected official to endorse Anna Valencia’s campaign to be the first woman elected as Illinois Secretary of State, I’m thrilled that our current Secretary of State—who knows better than anyone the kind of grit and work ethic needed to serve in this critical role—sees what I’ve always seen in her too. Jesse White has been one of our state’s best and most effective leaders for decades, and he knows what I know: Anna Valencia is the best candidate in this race, and she will be a fantastic Secretary of State for all Illinoisans when she is elected.
…Adding… From Ald. Moore’s spokesperson…
Thank you for sending the state statute. Currently, David Moore is an announced candidate for Illinois secretary of state. Until petitions are filed and the candidate’s name makes the ballot, he is not an official candidate. Also, David’s birthday fundraiser was planned a year ago. He’s held a birthday fundraiser for the last 10 years. So, he does not plan to cancel it.
They’re right. From the statute…
“Candidate” means a person who has filed nominating papers or petitions for nomination or election to an elected State office, or who has been appointed to fill a vacancy in nomination, and who remains eligible for placement on the ballot at either a general primary election or general election.
101 Comments
|
* As we’ve already discussed, the 4th District Appellate Court asked both sides to explain how the appeal of the school mask/vax/test mandates decision is impacted by yesterday’s JCAR action. I’ll post the plaintiffs’ response when I get it. Here’s some of the state’s argument for why the appeals court should continue to hear the case…
JCAR’s action on February 15 does not substantially affect the pending appeals. Plaintiffs primarily challenge the legality and enforceability of the EOs issued by the Governor. The EOs require masking in school buildings, temporary exclusion of students and staff exposed to Covid-19, and the submission of weekly Covid-19 tests by unvaccinated staff working on school premises. The EOs were temporarily enjoined as to certain students and teachers through the circuit court’s TRO. Because JCAR’s action related only to the IDPH renewed Emergency Rule, it does not affect the EOs. The validity, legality, and enforceability of the EOs continues to present a live case or controversy. […]
Thus, regardless of the validity or invalidity of the IDPH Emergency Rule and regardless of JCAR’s action on February 15, this court should decide the consolidated appeals from the TRO and determine the enforceability of the EOs. And for the reasons stated in State defendants’ memoranda — the circuit court’s departure from the status quo, plaintiffs’ unlikelihood of success on the merits, their failure to establish irreparable harm, and the circuit court’s abuse of discretion in balancing the harms — this court should reverse and vacate the TRO. […]
Separately, the appeal in Allen remains unaffected by JCAR’s action for two additional reasons. First, a school district party seeks to vacate the TRO in Allen because the circuit court improperly denied that party’s motion for substitution of judge as a matter of right. Because any order entered after the wrongful denial of an SOJ is void, this court should vacate the TRO in Allen, and remand Allen to the circuit court with instructions to grant the SOJ. Second, the appeal in Allen is unaffected by JCAR’s action because Allen is brought by school employees challenging their conditions of employment. As such, the Allen plaintiffs have an adequate remedy at law in the form of money damages and back pay, precluding entry of the TRO.
For all of these reasons, the validity, legality, and enforceability of the EOs continues to present a live case or controversy between the parties, regardless of JCAR’s action.
One portion of the TRO, however, is impacted by JCAR’s action — the portion of the circuit court’s TRO opinion declaring the IDPH Emergency Rule null and void. Because of JCAR’s action, IDPH’s Emergency Rule is no longer in effect. As a result, the portion of the TRO enjoining enforcement of that Emergency Rule is moot. But this court should address the merits of that portion of the TRO under the public interest exception to mootness. That exception applies when three criteria are met: “(1) the question presented is of a public nature; (2) an authoritative determination of the question is desirable for the future guidance of public officers; and (3) the question is likely to recur.” Each of these criteria is met here.
The question presented by the circuit court’s declaration that IDPH’s Emergency Rule is null and void is undoubtedly of a public nature, as that declaration affects State defendants’ ability to combat Covid-19 in schools and risks spreading Covid-19 among students, school personnel, and their communities. It also disrupts in-person learning in the middle of the school year, forcing parents and schools to make difficult choices about continuing in- person learning or risking the health of their children, students, personnel, and other community members. n authoritative determination of the IDPH Emergency Rule’s validity also will guide public officers, as it will clarify whether the Covid-19 pandemic constitutes an “emergency” sufficient to justify emergency rulemaking, as well as the level of deference that courts should afford to an agency’s finding that a public health crisis constitutes an emergency. And this question is likely to recur, as IDPH has the authority to promulgate multiple emergency rules and may reissue the Emergency Rule. See 5 ILCS 5-45(c)(iii) (stating that the “limitation on the number of emergency rules that may be adopted in a 24-month period does not apply to” IDPH rules “when necessary to protect the public’s health”).
*** UPDATE *** From the plaintiffs’ argument…
Now that JCAR has refused to extend the IDPH emergency rule, which the State Defendants were relying upon as a crux argument in this appeal, the legislature has rendered it unnecessary for this Court to determine at this stage whether Judge Grischow abused her discretion in finding the Plaintiffs had raised a fair question that the IDPH rule was invalid. While the question of the legality of the actions by IDPH overall may in fact return to this Court on a final ruling in the future, that is a separate issue, but as it relates to this interlocutory appeal, the State Defendants can no longer rely upon the authority of an emergency rule that JCAR unanimously chose to suspend. The State Defendants are left with only one argument at this interlocutory stage, and that is did Judge Grischow abuse her discretion in finding the Plaintiffs have raised a fair question in regard to the Governor not having any authority under the Illinois Constitution, or the IEMAA, to independently promulgate and enforce quarantine, vaccination and testing of our citizens, without providing a shred of due process, to allegedly prevent the spread of an infectious disease. […]
As the parties all concur, this Court should review the trial court’s granting of the temporary restraining order at issue here for an abuse of discretion. An abuse of discretion will be found only where the court’s ruling is arbitrary, fanciful, unreasonable, or where or where no reasonable person would take the view adopted by the trial court. Abuse of discretion means clearly against logic; the question is not whether the appellate court agrees with the trial court, but whether the trial court acted arbitrarily, without employing conscientious judgment or whether, considering all the circumstances, the court acted unreasonably and ignored recognized principles of law, which resulted in substantial prejudice.
The JCAR ruling has vitiated a significant part of the State Defendants argument. Should this Court listen to the JCAR audio, it was clear this legislative body was giving due respect and deference to Judge Grischow’s ruling, and in fact committee members scolded the IDPH representative for continuing to pursue re-issuance of a rule which Judge Grischow had found to be invalid. This legislative committee showed the proper respect to our judiciary that the executive agency was not. As for this Court, the question for today is what is left for it to decide given the actions by JCAR. It is the position of the Plaintiffs that the only matter left to review is whether Judge Grischow abused her discretion when she found Plaintiffs have raised a likelihood of success in showing a fair question exists that the IDPHA applies in regard to matters of quarantine, vaccination or testing, and exclusion from school, and that neither the Governor under some inherent Constitutional authority, or under some delegated authority under the IEMAA can authorize quarantine, vaccination or testing, and exclusion from school and disregard the due process protections of Plaintiffs. Also, this Court is left to decide those same questions as it relates to any inherent authority of the school districts. As to both of these questions, the Plaintiffs argue Judge Grischow has not abused her discretion, her restraining order should be affirmed, and the matter sent back to proceed to a final ruling on the merits off all of the pending matters.
…Adding… Another plaintiffs attorney, William Gerber, was also invited to file. Click here.
22 Comments
|
It’s just a bill
Wednesday, Feb 16, 2022 - Posted by Rich Miller
* Press release…
The Illinois Manufacturers’ Association (IMA) is backing legislation that would make permanent and modernize a tax credit that incentivizes manufacturers and other companies to invest in research and development projects in Illinois.
“Illinois manufacturers are constantly striving to bring new and better products to market. From innovative medical treatments to unique food products and advanced technology and machinery, manufacturers produce a variety of goods that we rely on,” said Mark Denzler, president & CEO of the Illinois Manufacturers’ Association. “By modernizing and making permanent the Research and Development Tax Credit, Illinois will be encouraging manufacturers who invest in our communities by launching product studies, researching new technologies and processes, and testing groundbreaking products right here at home. We look forward to working with lawmakers to pass this important measure.”
The legislation increases the Research and Development Tax Credit by providing that the increase in research and development activities shall be based on an increase over 50% of the average of the qualifying expenditures for each year in the base period. Currently, the credit is based on an increase over 100 percent of the average of the qualifying expenditures for each year in the base period. This change modernizes the bill to match changes to the Research and Development Tax Credit at the federal level. Additionally, the bill makes the credit permanent moving forward. The Senate version of the legislation, SB 3453, is scheduled to be heard in the Senate Revenue Committee this afternoon.
“Illinois has a strong manufacturing sector, and Senate Bill 3453 offers opportunities for these businesses to grow, thrive, and reach new heights” said State Senator Donald DeWitte (R-St. Charles). “By incentivizing our manufacturers to invest further in Illinois, we encourage our business leaders to create, invent and expand their businesses, which leads to more jobs. It also makes our manufacturers more competitive in an ever-changing global economy.”
According to the Organization for Economic Cooperation and Development, manufacturers are the nation’s largest investors in research and development, making up roughly two-thirds of private-sector research and development spending in 2018. However, the U.S. global share of research and development spending dropped from 39.8% to 29.9% in the last two decades, while China’s share of global research and development spending rose from 4.9% to 23.9%. This disparity underlines the importance of supporting policies to invest in American manufacturing, particularly as the pandemic laid bare global supply chain issues that impact our state and nation’s ability to respond in times of crisis.
The governor likes to say that businesses want predictability. Well, the sunsets on the R&D tax credit do way more harm than good. It was one of those Madigan things that truly needs to end.
* WGN TV…
Illinois college students may have one less expense in their budgets later this year.
A bill making its way through the Senate would require public colleges in Illinois to rent books and course materials to in-state students at no cost.
Sen. Scott Bennett (D-Champaign) wants to encourage students to stay in Illinois not just for college, but to settle down in the state after graduation. Bennett chairs the Senate Higher Education committee. […]
The bill passed the committee 11-1 on Feb. 9th, with Sen. Omar Aquino (D-Chicago) being the lone no vote.
* Illinois Press Association…
Once again, the Illinois General Assembly is faced with legislation to eliminate public notices from newspapers. This time, however, the proposed legislation makes additional changes to the status quo.
The Illinois Press Association has prepared a position paper, which it will circulate to the members of the General Assembly. You can view the full position paper here or read the full text below.
This year’s effort seems to be generated by the Illinois Municipal League, given that this legislation requires posting of notices on a website under the control of Illinois municipalities (but excluding Chicago).
Why the Municipal League, which objects to every effort to impose “unfunded mandates” on local governments, would attempt to impose on its own members this unfunded mandate of the creation and maintenance of a public notice website, is not explained.
Even more curious is why the IML would support the creation of this new mandate on local governments, when the Illinois Press Association has successfully managed a public notice website, specifically at no additional cost to local governments, for more than a decade.
The legislation also eliminates the requirement that public notices from any other public body must be published on a website, eliminating that requirement for transparency that has been in place for a decade. Again, there is no explanation supporting the elimination of that requirement.
* Rep. Will Guzzardi writing in the Sun-Times…
In 2019, I passed a law capping copays for insulin at $100 a month. But state laws can only cover certain types of insurance, so it only affected around 15% of Illinoisans. And we know $100 a month is still too much.
It’s time to do better. We need to lower that copay, and we also need to provide alternatives for the 85% of people who aren’t covered by the cap.
That’s why I’ve introduced House Bill 5300, the Insulin for All Act. The bill will allow for any person with diabetes who’s running out of insulin to walk into a pharmacy and get an emergency 30-day supply at a minimal cost. It requires manufacturers to create patient assistance programs that offer low-cost insulin to eligible patients. It will leverage the state’s bargaining power to offer a negotiated price on insulin for any person with diabetes who can’t get it cheaper elsewhere. And it lowers that copay cap to $35 a month.
The past two years have been a vivid reminder that pharmaceutical research can produce incredible results, as with the COVID-19 vaccines. But no matter how great they are, drugs don’t work if people can’t afford them.
…Adding… Press release…
Youth in the care of the Department of Children and Family Services are one step closer to receiving the financial resources they need to be ready for adulthood thanks to a measure championed by State Senator Robert Peters (D-Chicago).
“I’m pleased that we are one step closer to ensuring that the state will be proactive at helping youth in care build a strong future during their final years of care,” Peters said. “We need to do all we can to ensure that they have access to a financial head start before they have to live on their own.”
Senate Bill 3470 would require DCFS to save or invest a minimum percentage of a youth’s benefits once they reach the age of 14. This will ensure that when DCFS no longer serves as the financial representative of the youth, they will have some money to help them transition into a successful adult life.
The minimum percentages that DCFS will be required to invest are:
● 40% for youth between the ages of 14-15
● 80% for youth between the ages of 16-17
● 100% for youth between the ages of 18-20
Senate Bill 3470 would also require the DCFS to take defined actions when applying for and managing certain federal benefits that the department receives on behalf of any youth in care.
“State services should help empower youth and give them strong support to enter our society,” Peters said. “We should not be sending young people out into the world without the resources they need to live independently, and we must ensure that they are able to make the transition into adult life.”
The measure passed the Senate on Wednesday.
16 Comments
|
* Background is here and here if you need it. From the House rules…
(House Rule 51.5)
51.5. Decorum during the COVID-19 Disaster.
(a) On any day in which the House is in session during a disaster proclaimed by the Governor due to the COVID-19 virus, all members and officers of the General Assembly, majority and minority staff, and other persons when entitled to the House floor, galleries, and adjoining hallways and passages shall:
(1) to the extent medically able and except as reasonably necessary for eating or drinking, wear a face-covering that covers the nose and mouth;
(2) to the extent possible, maintain social distancing of at least six feet from any other person except as permitted by the other person; and
(3) have submitted to and passed a temperature check prior to entry. […]
(c) A violation of this Rule shall be considered a breach of decorum and disorderly behavior. … Notwithstanding any other provision of these Rules, including Rule 30(e) and Articles XI and XII, a Representative in violation of this Rule may be disciplined and subject to reprimand, censure, removal from the House chamber, or other disciplinary measure, except expulsion and imprisonment, upon a motion approved by a majority of those elected. Nothing in this subsection shall be construed to limit discipline pursuant to Article XI or XII of these Rules.
(d) This Rule may not be suspended.
* An unmasked Rep. Dan Caulkins said this on the House floor today…
House rule 51.5 C is being arbitrarily enforced. That rule is being used to single out individual members of this body and therefore I ask you under Rule 51.5 (c) to remove from the House chamber all members of the House of Representatives who answered the quorum call today, February 16 2022. Under House rule 51.5 (a) (3) all members must have submitted to and pass a temperature check prior to entry on the House floor. No member who is on the House floor has taken and passed a temperature check prior to entering the House floor. Under House rule 51.5 the rule and his provision may not be suspended. As such all members are in violation of this rule.
Please pardon all transcription errors.
* After a very long pause, House Majority Leader Greg Harris eventually responded that the chamber would bring in people to perform temperature checks. Rep. Caulkins countered that the rule clearly states that members must have a temperature check before entering the House floor. Leader Harris replied…
We do not know who did or did not have a temperature check, complying with that rule coming into the chamber. So to be certain that we’re doing this accurately, we will be testing everyone in the chamber right now.
This post will likely be updated.
…Adding… The temperatures have now been checked of all members and staff and the chamber is now proceeding to other business.
…Adding… Rep. Lakesia Collins (D-Chicago) has made a motion to remove several members, including Reps. McLaughlin, Chesney, Niemerg, Miller, Halbrook and Caulkins from the chamber for not following the mask rule. During discussion, Rep. Butler asked about the social distancing rule (the reply was that it would be enforced if a member objects). Butler also asked if members would be tested if they left the chamber and then returned (the answer was no). The Republicans then requested a one-hour caucus. House is now in recess.
*** UPDATE *** The House came back and Rep. Collins was recognized, but she did not press her motion. The House is now adjourning.
49 Comments
|
Pritzker addresses JCAR defeat, mask mandate
Wednesday, Feb 16, 2022 - Posted by Rich Miller
* Gov. Pritzker today before taking questions from the news media…
The executive order requiring masks [in schools] is still in place. School districts that aren’t part of the [Tom DeVore] lawsuit should follow the executive order. Everyone should feel comfortable wearing their masks to keep yourselves and your loved ones safe.
As for the JCAR action, we filed the rule as a procedural step to simply keep the status quo in place while the appellate court considers our appeal. The JCAR members preferred a different procedural route to suspend the rule while waiting for an appellate court ruling. I think we share the common view that we need to get a ruling. And either way the next step is to hear from the appellate court and go from there.
Please pardon all transcription errors.
* And, to be clear, it was the House Democrats on the equally divided committee who provided the votes to suspend the school mask/vax/test mandate emergency rule…
Democratic state Rep. Mike Halpin of Rock Island said he was voting to block the revised rule from taking effect because “we’re currently in a situation where the (temporary restraining order) says this rule is not enforceable.”
“It’s possible, if not probable, that this might change on appeal, but for now as we sit here, for that reason, I’ll vote” to block the rule, Halpin said.
Two other Democrats who voted with Republicans, Chicago Reps. Curtis Tarver and Frances Ann Hurley, gave the same reasoning. Democratic Sens. Bill Cunningham and Tony Muñoz, both of Chicago, voted “present.”
* Back to the governor. So, if the executive order is still in effect, he was asked, why even file emergency rules?…
Well, again, the order is in effect. We’re now trying to deal with an errant decision by a judge in one county, one particular judge, you know, it’s thrown everybody into a state of confusion. And we’re trying to get the appellate court to address it because it was wrongly decided.
He also said the judge’s decision “leaves out entirely a section of the law that she obviously either didn’t read or didn’t want to address.”
* Pritzker was also asked if he was worried about a rise of cases as schools make masks optional…
Look, I think that people of goodwill are trying to make good decisions for their community ,for the people who were in schools every day, whether they’re superintendents making those decisions, or school board members, or teachers and parents who are at the school every day often. And so, there’s in my view, from the very beginning I’ve been focused on trying to keep people healthy and safe in schools and outside of schools. Schools have been an unusual environment as you know, where five days a week, six to eight hours a day. People are interacting in the hallways running into each other. They’re in rooms together. Sometimes piled into rooms together. While we’ve had a global pandemic that has caused a lot of sickness and death.
I’d want to remind you all that we still have about 1500 people with COVID in the hospital today, that’s not near where we were when we removed masks last summer. One of the reasons that we set a date for removal of masks more broadly in indoor spaces on February 28 is we wanted to continue to see the decline of hospitalizations in our state. And we think we hope, just watching them you know they’re 150 fewer today, I think than yesterday. 200 plus, the day before fewer. So this is all good directionally and I’m pleased. But again, we have to be careful, the pandemic’s not over. This disease is still out there. We’re just all learning I think over the course of the last two years to make sure that we’re managing properly so that if another variant were to come, that we’re not so quick to have everybody removing their masks. And you saw this, delta was taking a dive, I think we were all very optimistic and then you can watch, look at the graphs of it. You saw it coming down and then you saw omicron taking us up again and these are all very big concerns. So waiting, watching and very hopeful for February 28.
…Adding… Oops. Meant to post this Pritzker comment about Republican critics and left it out…
There are an awful lot of views over there that people have had that are causing more sickness. They’re the ones who didn’t want masks in the first place in schools, who didn’t want any mitigations and thought that would be okay.
…Adding… To his point about declining hospitalizations…
73 Comments
|
* Greg Hinz…
In a report released [yesterday] by its staff, the Metropolitan Pier & Exposition Authority, generally known as McPier, said plans by bidders to use its Lakeside Center and truck marshaling yards to house a casino involve “critical strategic assets” in a highly competitive business.
Both potentially could be replaced, McPier CEO Larita Clark said in a follow-up interview. But the cost would be high: Building a new structure to replace Lakeside Center, the easternmost building in McCormick Place, would cost an estimated $900 million to $1.5 billion and take at least 72 months to complete, she said.
The report was less explicit about a third bid involving temporary use for a few years of McCormick Place’s north building. But agreeing to any of the proposals might require a change in state law because of legal limits on McPier’s authority, the report indicates. […]
Specifically at issue are a proposal from a team headed by Chicagoan Neil Bluhm’s Rush Street Gaming to convert Lakeside Center to a casino; a plan by Bally’s to use the truck yards just west of McCormick Place for its gambling complex, and the Hard Rock’s pitch to temporarily use the north building.
* Sun-Times…
Lakeside Center “does not sit empty,” [Larita Clark, CEO of the Metropolitan Pier and Exposition Authority] said. Clark said it has 253 events scheduled through 2035, worth $13.8 billion in economic impact, besides housing mechanical systems serving the whole campus. “The reality is if we lost the Lakeside Center, we’d need to replace 600,000 square feet and all the critical infrastructure,” she said.
Clark reported that McCormick Place North was booked nearly to its maximum level in the years before the pandemic knocked out most convention business. The marshaling yards, she said, reduces truck congestion and helps exhibitors and contractors set up and take down items quickly. “In 2019, 35,000 trucks used the marshaling yards and their proximity to our campus is a competitive advantage,” Clark said.
Her remarks are a challenge to all but two of the casino bids. The only proposals that would not touch McCormick Place are a Bally’s bid for the Chicago Tribune’s Freedom Center printing site, 777 W. Chicago Ave., or one from Chicago magnate Neil Bluhm’s Rivers Casino that relies on 62 vacant acres southwest of Roosevelt Road and Clark Street.
That Tribune site proposal is hideous.
* The report has this warning from staff…
To prevent loss of customers, the lost space of Lakeside Center will require that replacement space be fully operational before Lakeside is turned over to a developer. The estimated time would be approximately 72 months based on the West Building plan.
That’s six years.
* Another issue…
• Due to its location, the Lakeside Center must be used for the public good. The Public Trust Doctrine has been successfully used to block lakefront development in the past
Hard to see how a casino can be classified as a “public good.” But other hoops have been cleared in the past.
* Meanwhile…
Some Bronzeville leaders are pushing back against the prospect of having the city’s first casino as a neighbor.
The city unveiled five potential casino sites in November. Four are clustered in the Near South Side, including one at the McCormick Place Marshalling Yards at 31st Street and DuSable Lake Shore Drive, near the old Michael Reese Hospital.
Ald. Sophia King (4th) long has opposed a casino anywhere on the South Side, previously saying it would be like “putting a casino in Harlem.” But King and others are particularly alarmed by the site that’s been proposed near the $3.8 billion Bronzeville Lakefront megadevelopment on the Michael Reese site — a project King has insisted would not include a casino.
The Bronzeville Lakefront project sits just south of McCormick Place and stretches from 26th to 31st streets between Lake Park Avenue and Martin Luther King Drive. It also includes the Prairie Shores homes near 29th Street and King Drive. […]
Christopher Jewett, Bally’s vice president for corporate development, said in a statement its proposal allows for a casino to be “fully integrated into the Bronzeville community development with pedestrian bridges and connectors, or it can be built as a destination, accessed only via public transit or vehicles.”
…Adding… Very good point in comments…
The most significant red flag for McCormick Place sites in this report might be the need for enabling legislation. I would think the last thing the mayor would want would be to pick a site for her casino and then have to go back to the General Assembly for approval.
Yep. Unless she has labor and business all lined up first.
35 Comments
|
* Background is here if you need it. Tribune…
The politics of masks in schools spilled onto the House floor Tuesday as at least five conservative Downstate Republicans entered the chamber with bare faces. After Democratic Rep. Natalie Manley of Joliet, who was presiding over the chamber, reiterated the existing House rule requiring members to wear masks, even when speaking into a microphone, she singled out Rep. Blaine Wilhour, who refused to wear a mask.
Wilhour, of Beecher City, called mask mandates “unwanted and unnecessary,” before he was cut off for not having been recognized to speak.
In a joint statement, the group said they “no longer comply with the mask theater that takes place here.”
“It’s over,” the legislators said. “It’s gone on long enough.”
* This is true for expulsion, but members can be removed from the chamber for violating the mask rule following a motion which receives at least 60 votes…
The House later adjourned without incident. Members not following House rules could face disorderly behavior and expelled with a two-thirds vote of the members.
* Anyway, to the headline…
Not sayin’ he’d do it, of course, but would it violate his constituents’ “due process rights” if Rep. Wilhour was removed from the House floor for not wearing any clothes?
…Adding… I should’ve noted this in the post, but this is from the Illinois Constitution under legislative organization…
Each house shall determine the rules of its proceedings
DeVore’s suit (unless he’s threatening something else) wouldn’t get very far.
…Adding… You may recall that someone else sued over some House and Senate rules governing access to the press box. From the United States Court of Appeals, Seventh Circuit…
The defendants’ decisions to deny press credentials to Reeder were inseparable from their core legislative activities. They were intimately related to the shared goal of the Illinois Senate and House to regulate access to the floors of the state House and Senate. The defendants are thus entitled to absolute legislative immunity from suit in this case, and we AFFIRM the judgment of the district court to this effect.
“Absolute legislative immunity.” End of story. DeVore must be talking about something else, or he’s ignorant, or both.
60 Comments
|
* I told subscribers a bit about this today, but here’s Politico…
Megadonor Richard Uihlein has donated $1 million to Republican Darren Bailey’s bid for governor yesterday, according to State Board of Elections filings. Uihlein and his wife, Liz, founded the Uline business supply empire just over the Illinois border in Wisconsin. They are among the biggest Republican donors in the country. The campaign contribution to Bailey comes on the heels of Ken Griffin donating $20 million to another GOP gubernatorial competitor, Richard Irvin, adding fuel for a competitive Republican race.
Uihlein has avoided making large contributions here since getting thumped hard in the 2018 cycle, including a high-dollar primary race against House Republican Leader Jim Durkin.
*** UPDATE *** Bailey mentioned the contribution on his Facebook Live video and said there’s a “promise of more to come”…
I want you to consider what took place yesterday. Our campaign experienced a significant breakthrough. Probably the most conservative family, probably in the country, the Uihlein family got behind us with an initial amount and with a promise of more to come. So that was amazing. People are seeing what our movement is, much like these three Democrats that didn’t vote, voted no in JCAR. People are realizing what’s going on. And the real power, friends, it’s coming. I’ve been telling you all along, I have no doubt that we’re going to win this all the way to the to the to the State House.
Please pardon all transcription errors.
* Meanwhile, Sen. Bailey really ought to know better than to campaign like this in a municipal building…
Then again, he did vote remotely while he appeared to be on a helicopter ride to a campaign event.
54 Comments
|
* From the Richard Irvin campaign…
Following a scathing news report on Governor JB Pritzker issuing problematic pardons, Richard Irvin, Aurora Mayor and gubernatorial candidate, released the following statement:
“Another day and another example of J.B. Pritzker putting our communities at risk by pardoning an arsonist and clearing the way for him to become, of all things, a fire chief. We learned that not only did Pritzker allow arsonist Jerame Simmons to become a fire chief, the governor also disregarded a documented history of lawbreaking, and either missed or ignored obvious lies on Simmons’ pardon petition.
From releasing child murderers and arsonists to signing a bill with cashless bail for dangerous criminals, it’s clear Governor Pritzker doesn’t care about the safety of Illinois families.”
The pardon from Governor JB Pritzker that cleared the way for Jerame Simmons to become a full-time, paid fire chief is just one of 162 pardons Pritzker has issued. According to a former U.S. pardon attorney, the pardon process is described “a bit opaque,” something that the general public or even state lawmakers aren’t privy to; it starts with the Illinois Prisoner Review Board, a 14 member board that is appointed by the Governor. Currently, three of the 14 seats on the board remain vacant while the nine remaining have yet to gain Senate approval–despite cries from the state legislature to do so.
* ILGOP…
Only in JB Pritzker’s Illinois could a politically-connected arsonist get a pardon to become a fire chief. You have to read it to believe it. As reported by Capitol News Illinois:
“SPRINGFIELD – Jerame Simmons got his long-held wish in December when he became the chief of the fire department that dismissed him 24 years ago after he was charged with setting fire to a vacant house and attempting to burn down his high school….
…But it was a pardon from Gov. JB Pritzker that finally cleared the way for Simmons to become the full-time, paid fire chief for the Prairie Du Pont Fire Department….
…The case drew national attention as 11 of the department’s 13 firefighters resigned following the fire protection district’s decision to oust the former chief in favor of Simmons…
…Simmons filed his petition on July 15, 2019, directly contradicting contemporary law enforcement reports of a number of 1998 incidents…
…Simmons, the son of a former deputy U.S. marshal and Metro East mayor, claimed innocence and submitted testimony from local officials attesting to his work ethic and trustworthiness.”
* Also from that Capitol News Illinois story…
“The governor is a strong believer in criminal justice reform and that means carefully and thoughtfully considering petitions for clemency from those who have demonstrated a commitment to rehabilitation while serving their sentence and after,” she stated. “The governor takes the PRB’s recommendations to heart as he weighs these decisions.” […]
Simmons completed his probation but was later charged with a host of other crimes. Those include:
• A 2006 charge of leaving the scene of an accident, to which he pleaded guilty and was sentenced to six months supervision.
• A 2006 charge of violating an order of protection, which was dismissed.
• A 2008 charge of falsely impersonating a police officer, which was also dismissed.
• Two charges in 2008 for violating an order of protection, both of which were dismissed.
• A 2009 charge of obstructing a police officer, to which he pleaded guilty and was sentenced to conditional discharge.
• A 2016 charge of disorderly conduct, to which he pleaded guilty and was sentenced to 90 days of court supervision.
In 2018, Simmons was charged with disorderly conduct for a fight at a strip club in Sauget. One of the bouncers at the club told police that Simmons pulled a gun on him when he tried to remove his wife from the club, according to a 2018 report from the Belleville News-Democrat.
* Media advisory…
WHO: State Representatives David Friess (R-Red Bud), Patrick Windhorst (R-Metropolis), and Mark Luft (R-Pekin)
WHAT: As scandal continues to surround Governor J.B. Pritzker’s pardon of convicted arsonist Jerame Simmons that allowed him to become fire chief of the Prairie Du Pont Fire Department, House Republicans will introduce legislation (HB 5693) that aims to prevent similar situations from happening.
WHEN: 11:00 AM on Wednesday, February 16, 2022.
WHERE: Blue Room, Illinois State Capitol and streamed live on BlueroomStream
Synopsis…
Provides that a person applying for a position in a fire department or fire protection district must disclose if he or she has been convicted, arrested, or charged with arson, aggravated arson, or criminal damage to property due to recklessly, by means of fire, damaging the property of another or knowingly starting a fire on the land of another. Provides that the person or board hiring an individual who has applied to a position in a fire department or fire protection district may take into consideration the disclosed convictions, arrests, or charges in the hiring or retention of the applicant.
…Adding… The governor’s office sent the full response…
There is a clear process that has been used for decades when governors exercise their clemency powers. The Prisoner Review Board makes confidential recommendations to the governor who reviews clemency petitions and takes action. The Governor is a strong believer in criminal justice reform and that means carefully and thoughtfully considering petitions for clemency from those who have demonstrated a commitment to rehabilitation while serving their sentence and after. The Governor takes the PRB’s recommendations to heart as he weighs these decisions.
Whatever. The governor pardoned a daddy’s boy who, by the looks of things, has gotten himself in and has then been pulled back out of trouble for much of his life. The governor’s folks also sent along the PRB file which includes letters of recommendation that I’m ABSOLUTELY SURE HAD NOTHING WHATSOEVER to do with daddy’s local influence. Click here.
…Adding… In the pardon petition, Simmons wrote that his cousin had set the fire with a flare. But if you read the state fire marshal’s brief report, you’ll see they found a gas can in the burned house and evidence that a flammable liquid had been used in the fire as well as evidence of a fuse.
*** UPDATE *** Gov. Pritzker was peppered with some questions about crime at his press conference today, including a question about how Richard Irvin is trying to tie Pritzker’s signature on the SAFE-T Act to the killing of 8 police officers in 2021…
All I can say about what’s going on on the Republican side is it continues to be a mess. […]
All I can say about some individual candidates views is they’re wrong. We’re trying to make our state safer for people across the state. And whatever the insinuation is about that, I can tell you that police funding, police training, making sure that we have police cameras, body cameras, which police want and the public wants. These are all a part of what we’ve been doing to keep people safe. Some of that is a part of the Safe-T Act as well. And so I’m pleased that many of those provisions in the Safe-T Act that I just mentioned are already in effect and some of the provisions that people are falsely pointing to and saying or making the world less safe, haven’t even gone into effect. […]
Let’s be clear, the Republicans are wrong. They’re the ones who voted against funding State Police. They’re the ones who voted against funding in order to reduce the amount of violence and crime. And then they, it’s like the arsonist right, lighting the house on fire and then you know, calling the fire department saying ‘I don’t know what happened.’ That’s what the Republicans are doing. They’re wrong on every point. […]
I mean, they’re going to put out false messaging about this and I would hope that people will see through it. I’m certainly going to help them see the truth.
Well, that crack about an arsonist was picked up by the Irvin campaign…
40 Comments
|
|
Comments Off
|
* GOP press release…
Senate Republican Deputy Leader Sue Rezin (R-Morris) issued the following statement after the Joint Committee of Administrative Rules (JCAR) successfully voted to suspend the Pritzker Administration’s attempt to reissue emergency rules that would have required school districts to enforce the Governor’s school mask mandate despite a recent court ruling. JCAR voted to block the emergency rules with a bipartisan 9-0-2 vote:
“Today, the Joint Committee of Administrative Rules made it clear that we would not accept the Governor’s attempts to go above a court ruling made by a co-equal branch of government.
“Instead of allowing our judicial system to work through its process, the Governor tried to double down on his unilateral approach to COVID-19 mitigations by reissuing the same exact rules that a Sangamon County judge nullified earlier this month. This move was both bad government and dangerous to the rule of law as it ignored the court’s ruling on due process.
“In his quest for power and control, Pritzker and his Administration was willing to further the chaos and confusion for schools throughout the state. With this bipartisan vote, I hope that the Governor finally recognizes that his go-it-alone tactic is not in the best interest of our state or its people.”
I’m waiting on a statement from the governor’s office. But an official did confirm this means that there is no statewide school mask mandate now.
We’ll wait to see what the governor’s office says, but the Democrats asked the governor to pull the emergency rule and I’m told he couldn’t do it because of the appeal of the DeVore case.
Sens. Bill Cunnigham and Tony Munoz voted “Present,” by the way. Sen. Kimberly Lightford was not at the hearing.
“I think it fair to say the committee was uncomfortable with extending an emergency rule that has been invalidated by a court,” Senate President Pro Tempore Cunningham told me this afternoon.
The Democrats are saying they will revisit the emergency rule if the appellate court overturns the DeVore ruling.
* From Senate GOP Leader McConchie…
“In his quest for power at all costs, the Governor attempted to go above the judicial system to continue to require masks in schools, a move that even his Democrat allies in the legislature wouldn’t support. Even they agree he has gone too far.
“Today, the Governor was willing to add to the confusion and chaos that has overwhelmed our schools and parents in the last several days. Fortunately for the people of Illinois, he was stopped.
“Enough is enough. Let’s start governing this state through the rightful democratic process, not under one man’s rule and ego.”
*** UPDATE 1 *** Jordan Abudayyeh at the governor’s office…
The administration understands that members of the Joint Committee on Administrative Rules are awaiting a ruling from the appellate court on this issue. As doctors have said time and again, masks are the best way to preserve in-person learning and keep children and staff safe. We look forward to continuing to work with members of the General Assembly, school districts, parents, communities and all stakeholders to use the tools we have to keep in-person learning. In the meantime, the administration urges all schools and parents to encourage mask-wearing to keep everyone in their schools and communities safe.
…Adding… House Republicans…
The bicameral Joint Committee on Administrative Rules (JCAR) voted 9-0-2 today to block re-implementation of Governor JB Pritzker’s mask mandate for K-12 public and private schools in Illinois in the wake of the February 4 temporary restraining order issued by Sangamon County Circuit Court Judge Raylene Grischow declaring the Governor’s emergency rules as they apply to schools “null and void.”
“Parents and children across Illinois deserve certainty and clarity amid all the confusion and chaos created by Governor Pritzker’s decision to continually go it alone and work only through the courts instead of with stakeholders and families,” Representative Wheeler said in a statement. “Locally elected school boards who are accountable to parents and know best for their districts, along with their local health department experts, should be allowed to make decisions on COVID mitigations that fit their communities best. With JCAR’s bipartisan ruling today, there is no statewide mask mandate in effect for schools, and the decision now belongs with the local school districts.”
All three House Republican members of JCAR voted to reject re-implementation of the Governor’s mask mandate, including Deputy GOP Leader Rep. Tom Demmer (R-Dixon), Assistant GOP Leader Rep. Keith Wheeler (R-Oswego), and Rep. Steve Reick (R-Woodstock).
The Governor’s emergency rule on COVID mitigations for Illinois schools expired on Sunday, February 13. The Administration immediately re-filed the rule on Monday, putting it back into effect unless JCAR voted affirmatively to block it with a minimum of 8 members on the 12-member committee. Nine members voted to suspend the Governor’s emergency rule, with zero voting to keep it in place and two members voting “Present.”
During the hearing, Representative Wheeler suggested to the Illinois Department of Public Health (IDPH) official testifying on behalf of the Pritzker Administration that the agency could have shown respect for the ongoing judicial process by issuing guidance to Illinois schools on recommended COVID mitigations instead of re-filing them as mandates in the form of an emergency rule. The IDPH official rejected that suggestion, reiterating the agency’s position of pressing forward with mandates rather than guidance. Moments later, JCAR voted to approve a motion blocking re-implementation of the Governor’s mask mandate via emergency rule.
…Adding… Sen. DeWitte…
On February 15, the Joint Committee on Administrative Rules (JCAR) voted 9-0-2 to block Governor JB Pritzker’s attempt to reissue emergency rules that would force school districts to enforce his mask, vaccine, and testing mandates. The vote was bipartisan, with three Democrats joining the committee’s six Republicans in suspending the proposed rule. Following the vote, State Senator Donald DeWitte (R-St. Charles) issued the following statement:
“Rather than respecting a decision handed down by the judicial branch of government, Gov. Pritzker still insisted that he, and only he, should have unilateral control over every aspect of the pandemic response. By issuing essentially the same rule that had already been deemed null and void, even his Democrat allies on JCAR could not support him. Even they felt his reissuance of the rule went too far.
“With full knowledge of the court ruling, Governor Pritzker was essentially asking school districts to violate a constitutional right to due process that must be afforded to students and families. It was yet another example of his ‘go it alone’ attitude that shuts out all other coequal branches of government.
“As a courtesy, we offered IDPH and the Pritzker Administration the opportunity to withdraw their rule pending a decision by the Appellate Court. Instead, they chose to double down. They made a poor decision, and today they lost.”
…Adding… Rabine…
Gary Rabine, candidate for Illinois Governor is issuing the following statement on JCAR’s ruling today to suspend the Illinois Department of Public Health emergency rules requiring masks to be worn in schools.
“Today, Illinois Legislators made it clear it’s time for Pritzker’s tyrannical reign to end. Democrats and Republicans slammed Pritzker COVID chaos by stopping his attempt to go around the court order that lifted mask mandates in schools.
The Governor has forgotten we live in a Democracy - which means he needs to consult with elected officials, Illinois citizens and parents before he issues orders regarding their kids’ health and well-being.
This vote today is a flat-out rejection of JB Pritzker and his approach to governing - by even his own party.”
*** UPDATE 2 *** Senate Preside Pro Tempore Bill Cunningham…
“We have an active court case on this matter, the outcome of which should provide clarity for what next steps are needed. Acting now would be premature given that pending ruling and also given the fact that the previous rule amounted to guidance without any real enforcement.”
*** UPDATE 3 *** 4th District Appellate Court…
The Attorney General representing the State Defendants and attorneys DeVore and Gerber representing the plaintiffs are directed to explain how this appeal is affected by the actions taken February 15, 2022, by the Joint Committee of Administrative Rules (JCAR) blocking extension of the Illinois Department of Public Health’s emergency rules. The explanation is due by 1:00 PM, Wednesday, February 16, 2022.
…Adding… Jesse Sullivan…
“Today’s JCAR vote is a victory for separation of powers and the rule of law. Pritzker’s agenda is clearer than ever: seize total control of Illinois kids and schools, answering to no one but his most radical teacher’s union backers. His actions are so extreme that his own party is now rejecting them. And in November, voters will too.”
…Adding… Rep. Bourne…
State Representative Avery Bourne (R-Morrisonville) issued the following statement in response:
“Gov. Pritzker cannot continue to sidestep the legislature, or the courts, and go-it-alone to force his mandates on the families and children of Illinois,” said Bourne. “This is a win for the rights of parents and local school boards to decide what is best for their children, and I commend JCAR for standing up for parents and children today.”
Last week, Rep. Bourne also joined colleagues in sending a letter to the Governor demonstrating the evidence of the unintended harm masking has on the social-emotional and learning of our children and calling for him to drop his appeal. A copy of that letter can be viewed on RepBourne.com.
97 Comments
|
* Press release…
With the indoor mask mandate set to expire at the end of the month State Representative Adam Niemerg (R-Dieterich) along with State Representatives Brad Halbrook (R-Shelbyville); Dan Caulkins (R-Decatur); Blaine Wilhour (R-Beecher City); and Chris Miller (R-Oakland) ditched their masks on the House floor and issued the following statement.
“Today we entered the House chambers without a mask. So long as school districts continue to defy the courts and force the unwanted and unnecessary covering of the faces of children in schools, we will no longer comply with the mask theater that takes place here.
It’s over. It’s gone on long enough.”
As I write this at 1:14 pm, the super-majority House Democrats have not yet ejected any of the maskless members from the chamber. No word back yet from Speaker Welch’s office on what the plan is.
…Adding… Rep. Lakesia Collins (D-Chicago) just rose to ask that the recalcitrant members be removed from the chamber. The Republicans then asked for a caucus. The Democrats called up the agreed resolutions and appear to be planning to adjourn for the day. No word back from the House GOP Leader’s office, either.
…Adding… The House has adjourned until tomorrow. Rep. Wilhour earlier attempted to read a statement after he was admonished for not following the rules, but he hadn’t been recognized to speak and his microphone was shut off.
41 Comments
|
* So far, this person is probably the most well-known of any Republican running for US Senate right now…
* This is why he’s so well-known in certain circles…
A charge that over 2,000 voters in Arizona registered under the same address is one of many recent claims resulting from the contentious outcome of the 2020 presidential election. […]
Allegations of voter fraud in the 2020 election have been widely debunked, and Congress has certified Joe Biden’s win over President Donald Trump. An Arizona official calls this claim misleading.
In November, local groups Citizens Investigation and We The People AZ Alliance were provided a random sample of 3,900 “questionable” names of Arizona voters from Bobby Piton, whom Gateway Pundit describes as a mathematician. […]
Piton is a managing partner of PreActive Investments LLC, an Illinois-based financial planning and investment advisory firm. His claims of alleged fraud in Arizona are posted on the firm’s website. Piton also appeared during a Nov. 30 election fraud meeting held by President Donald Trump’s legal team to allege voter fraud in Arizona. […]
Gateway Pundit reported that Twitter suspended Bobby Piton’s account on Nov. 30. Conservative-leaning news outlets The Epoch Times and Breitbart News reported on the suspension, as well. Piton has since established another account. He promotes QAnon loyalist phrase “Where We Go One We Go All” in his Twitter bio.
QAnon is based on the prediction of “The Storm,” an event marked by alleged mass arrests of high profile Democrats and left-leaning celebrities to save the world from a “satanic cult” of pedophiles and cannibals, USA TODAY has reported.
* And…
Bobby Piton, a mathematician who is connected to Ron Watkins, the man many believe was posting as Q and driving the QAnon conspiracy theory, called on the crowd to harass and intimidate elected officials and government workers who the conspiracy theorists believe have wronged them.
“Lock them into their damn houses,” Piton said. “Protest around their damn houses.”
* And…
Piton, who has shared many QAnon posts and messages on social media, is one of at least 33 supporters of the conspiracy theory who are running for Congress in the 2022 midterms.
It’s been tough to recruit a credible candidate to run against Sen. Tammy Duckworth because she apparently polls off the charts. But, I mean, wow.
...Adding… Piton was ejected from a Kane County Board committee meeting last July.
46 Comments
|
|
Support CapitolFax.com
Visit our advertisers...
...............
...............
...............
...............
...............
...............
...............
|
   
|
Hosted by MCS
SUBSCRIBE to Capitol Fax
Advertise Here
Mobile Version
Contact Rich Miller
|
