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Afternoon roundup

Friday, Feb 3, 2023 - Posted by Rich Miller

* Isabel posted this SJ-R story earlier today

Thomas B. Adams Jr., faces time in prison but wouldn’t change a thing about his role in the Jan. 6, 2021, breach of the U.S. Capitol. […]

U.S. District Court Judge Amit Mehta set Adams’ sentencing hearing for June 16. He is out on his own recognizance.

“I wouldn’t change anything I did,” Adams told The State Journal-Register outside of his Ridge Avenue home Wednesday. “I didn’t do anything. I still to this day, even though I had to admit guilt (in the stipulation), don’t feel like I did what the charge is.”

Associated Press today

On Friday, U.S. District Judge Amit Mehta ordered an Illinois man convicted this week to explain why the judge shouldn’t vacate his conviction after he agreed in court that he participated in the riot and then told a newspaper he didn’t actually think he committed the crimes with which he was charged.

Oops.

…Adding… More

In a brief order Friday morning, Mehta gave both sides one week to explain “why the court should not vacate Defendant’s convictions of guilt in light of his post-stipulated trial statements” included in the article. The judge also attached a copy of the news report.

* From the Macon County hearing on Rep. Dan Caulkins’ push for a TRO on the assault weapons ban law…


You may recall that Caulkins put together a new kinda/sort group (not registered with the state) for this lawsuit.

* IDPH…

As of last night, 883 individuals in Illinois were reported to be in the hospital with COVID-19. Of those, 121 patients were in the ICU and 41 patients with COVID-19 were on ventilators. The preliminary seven-day statewide case rate is 86 COVID-19 cases per 100,000 Illinoisans.

* Money…


* Michael Sacks-funded PAC…


* I think I kinda like this approach. On one side, it looks like a hit piece, but turn it over and…

* Greg Bishop recently interviewed Shannon Adcock of Awake IL

Bishop: It’s now gotten to the point where we’ve got school board races coming up and Awake Illinois is very much involved in trying to get candidates in places. How’s that going? And tell us about some of the things you’re accomplishing.

Adcock: Yeah, it’s so amazing. So never before has there been a grassroots effort to support school board candidates that are for kids, for communities for academics, and this is where we really launched. Two days after I lost my own school board race, I said, oh, people need better help when they run for this particular office. So that’s when Awake IL lauched, two days after the 2021 school board elections. And now we have over, we’ve got dozens. We had dozens of school board races that we’re helping. We’re empowering candidates to know what it takes to be a school board member ,what the Open Meetings Act is about, what it’s going to take to really connect with your community and to know what issues are affecting them. Is it their property taxes, is it the curricula? Is it the busing contracts? You know, how do you get the message from the community to know how to best represent the community, because unfortunately, too many times people get elected to this role and they bow to government mandates, as it turns out, has been proven illegal. Thank you, Thomas DeVore in the masking case. So you know, it’s important that they know exactly how their community is expecting them to govern and be stewards of their tax dollars and they’re so ready to represent kids and community and put that ahead of the politics and the special interest and the teacher unions. So I think you’re gonna see a massive wave of really, really good grassroots community members run and win their seats for school board. It’s the most important race that people are going to have this year.

Some background on this group from last year

Last month, former Chicago Public Schools CEO and second-time mayoral candidate Paul Vallas spoke at a fundraiser for Awake Illinois, a group that has been criticized for its transphobic and homophobic rhetoric. 

The group hosted a fundraiser in Naperville about school choice in June, and Vallas was a featured panelist. In addition to promoting school choice, the nonprofit has opposed COVID safety protocols in schools, and the teaching of what it calls “critical race theory.” Last month, the group called Governor J.B. Pritzker a “groomer,” a term increasingly used as an anti-LGBTQ+ slur by the far right, after he signed a sex-ed bill. 

In July, Awake Illinois and other right-wing groups publicly maligned UpRising Bakery and Cafe in suburban Lake of the Hills for planning a family-friendly drag show. The bakery was subsequently vandalized, and the bakery’s owners canceled the show as a result. Joseph Collins, a 24-year-old from Alsip, was later charged with a felony hate crime and criminal damage to property. […]

Vallas added that he thinks the school-choice movement “has got to find natural allies” such as police unions and conservatives and build coalitions with them to “advance a pure school choice agenda.”

Vallas eventually distanced himself from the group.

* I dunno. Is it me or does Chuy look like he’s just phoning this stuff in?…


…Adding… Press release…

Today, Governor JB Pritzker took the following bill action:

Bill Number: SB 1836
Description: Amends the Nurse Practice Act by making changes to contracts between foreign nurse staffing agencies, nurses, and healthcare facilities.
Action: Signed
Effective: Immediately

Bill Number: SB 2951
Description: Makes a series of changes to tax and revenue related codes.
Action: Signed
Effective: Immediately

And here’s the IMA reaction…

The Illinois Manufacturers’ Association (IMA) has issued the following statement after Gov. JB Pritzker signed SB 2951 into law, strengthening the state’s efforts to encourage in-state production of electric vehicles and related components:

“This measure will make Illinois more competitive with neighboring states by creating a closing fund to encourage businesses to locate here and increasing incentives to retain employees. Manufacturers thank Gov. JB Pritzker for his leadership on this issue and praise his dedication to growing the next generation of electric vehicle, battery and semiconductor producers and suppliers in Illinois,” said Mark Denzler, President & CEO of the Illinois Manufacturers’ Association. “We are excited to build on our state’s strong history of automotive manufacturing.”

…Adding… Late news…


* Isabel’s roundup…

    * Crain’s | Key Lightfoot City Council ally backs mayoral opponent: Ald. Pat Dowell, 3rd, who shepherded four Lightfoot spending plans through the grueling annual budget process, is endorsing Cook County Commissioner Brandon Johnson at an event in her South Side ward Friday morning.

    * Sun-Times | Ja’mal Green’s marketing biz steered COVID relief loan applicants to firms faulted by Congress for turning a blind eye to PPP fraud: The mayoral hopeful’s marketing company — which also rents out coach buses — directed businesses to three lenders that were blasted last year in a congressional report. He says his payouts on those deals were “very minimal — we probably [were] getting $50 or $100 per person.”

    * WBEZ | Paul Vallas gets help in Chicago mayoral bid from ex-officer in Laquan McDonald scandal: The Vallas For Mayor political fund reported getting a contribution of $5,000 from former cop Richard E. Hagen on June 30, according to campaign finance disclosure reports. Hagen has also publicly supported Vallas on Twitter.

    * Chalkbeat | If elected Chicago mayor, Paul Vallas promises to open schools on nights and weekends, expand choice: After leaving Chicago, Vallas led school systems in Philadelphia, New Orleans, and Bridgeport, Conn.   The Philadelphia School Reform Commission hired him in Philadelphia after the state took over the public school system. He made dramatic changes, but left the system with a deficit. 

    * Illinois Answers Project | BGA Sues Charter School Network For Refusing To Release Records: A lawsuit filed by the Better Government Association on March 26, 2015, in Cook County Circuit Court contends that Intrinsic violated FOIA by refusing to turn over records that would show what web sites high-ranking staff members are accessing. This request for documents “sufficient to show Internet browser activity . . . for the ten highest paid employees” is fairly standard, similarly requested from a number of public agencies in recent years, including other charter school networks.

    * Axios Chicago | Jesse White’s Best Day Ever in Chicago: We asked White to describe his perfect day in Chicago. Breakfast: “I go to Griddle 24 at Chicago and Orleans or Hashbrowns at Wells and Division. I get the liquid and gastronomical appeasement that I have enjoyed over a long period of time: bacon, eggs, hash browns with orange or grapefruit juice.” […] Morning activity: “I exercise in the gym where I live on Division, and I have been doing that for 35 years.”

    * CBS Chicago | CIA aims to inspire Chicago students with contest for $30,000: “It could be a public school, a private school, any educator, it doesn’t matter, a charter school,” said Shane Tilley, who is in charge of the “Mission Possible” competition. “All they have to do is submit a three to four-minute video.”

    * Crain’s | State AGs warn Walgreens, CVS about mailing abortion pills: A group of 20 state attorneys general, all Republicans, sent a letter to Walgreens and CVS claiming that their plans to sell abortion pills through the mail violate federal and state laws. The letter—written by Missouri Attorney General Andrew Bailey and dated Feb. 1—is co-signed by other state AGs representing Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Iowa, Kentucky, Louisiana, Mississippi, Montana, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah and West Virginia.

    * Block Club | Ruben Olivares Dedicated His Life To Helping Neighbors. Now, They’re Helping His Family After He Was Slain: Northwest Center leaders launched a GoFundMe to support Olivares’ wife and their two children, 7 and 4. It’s raised more than $13,000 as of Thursday. The 20-year-old community organization aims to support Belmont Cragin residents through housing counseling, financial literacy programs and community activism.

    * Press Release | Our Campaign Offices Attacked Overnight: Overnight on Friday, February 3rd, unidentified vandals attacked the campaign office for 1st Ward Alderman Daniel La Spata. Windows were smashed across the entire glass storefront of the temporary campaign headquarters—a former convenience grocer located at 2110 N Milwaukee Ave across the street from the historic Congress Theater building.

    * WBEZ | No driver, no bus: Inside the CTA’s campaign to put more drivers on the road: The CTA has been pushing hiring fairs as a way to fill hundreds of vacancies — vacancies it blames for service delays and filthy trains that have been testing the patience of Chicago commuters. The agency has sweetened the pot for prospective job candidates in the past few months, offering to cover the cost of taking classes ahead of the road test for the commercial drivers license, rolling out hiring bonuses and increasing starting pay.

    * Sun-Times | Charles Dunne, former union leader survived car bombing, helped others: Mr. Dunne was raised in a conservative Irish Catholic family in Andersonville that affixed holy water fonts to the doorway of every room in their home. But he’d veered off the beaten path into the eccentric home of Cynthia Fosse, whose parents, Bud and Marge, were champion ballroom dancers and whose uncle, Bob Fosse, was a legendary actor, dancer and musical director.

    * WaPo | Restaurants can’t find workers because they’ve found better jobs: Nearly three years since the coronavirus pandemic upended the labor market, restaurants, bars, hotels and casinos remain short-staffed, with nearly 2 million unfilled openings. The leisure and hospitality industry, which before the pandemic accounted for much of the country’s job growth, is still short roughly 500,000 employees from 2020 levels, even as many other sectors have recovered. But these workers didn’t disappear. A lot of them, like McGrath, who were laid off early in the pandemic, moved to behind-the-scenes office work where they are more likely to have increased flexibility, stability and often better pay.

    * WBEZ | TV is fascinated by ‘zombie’ fungus. So is this Chicago scientist.: Despite the scientific inaccuracies woven into The Last of Us’s storyline, Nelsen is happy to see fungi attracting broader curiosity. As a college student, he took a mycology class on a whim, in part because it sounded “really random and strange,” but he was “blown away by it.”

    * NBC Chicago | Chicago’s Northwest Side Community Rallies Around 8-Year-Old Girl Battling Cancer: As 8-year-old Molly Morris battles stage four cancer, support around Chicago’s Northwest Side is growing for her and her family. This weekend, several businesses on near Molly’s neighborhood will hold fundraisers to benefit her family.

    * The Triibe | Terry Hunter on working with Beyoncé, his Grammy nod and why Chicago radio doesn’t play house music: While the 65th Grammy Award nominations were being announced virtually, Hunter instead was focused on listening out for renowned Chicago poet and rapper J. Ivy’s name to be called for his seventh studio album, The Poet at The Door, which would be nominated “Best Spoken Word Poetry Album.” “I just didn’t think it would be up for consideration,” Hunter said about his “Break My Soul” remix. He added that neither he nor his team submitted the song for consideration.

    * WaPo | Netflix once said ‘love is sharing a password.’ Now users are heartbroken.: The latest backlash began after Netflix inadvertently updated its Help Center page on Wednesday for some countries, stating that users will have to connect to WiFi networks at their “primary location” at least once every 31 days to ensure their devices still have access to their account. Devices that are not associated with the account’s primary location may be blocked from Netflix, unless the account owner pays more to add an extra member.

    * Chalkbeat | Meet the Chicago educator who is a finalist for Illinois Teacher of the Year: The moment late last week brought veteran music teacher Anne Gray to tears, she later recounted to Chalkbeat. […] “I’m in shock,” Gray told Chalkbeat. “I’m just touched, and honored, and grateful. I’m excited for my students and the program to be recognized.”

    * Deadline | Artificial Intelligence Creates ‘Seinfeld’ Streaming Spinoff ‘Nothing, Forever’ On Twitch: The audience is rapidly increasing for “Nothing, Forever,” described as an AI-generated and nonsensical version of “Seinfeld” that streams on Twitch. Motherboard reported on the show on Tuesday. The Twitch account that the show runs on is called @watchmeforever, now has more than 83,000 followers as of early Thursday, with 11,000 or more viewers taking a look at any time.

  29 Comments      


How states are scrambling to address teacher shortages

Friday, Feb 3, 2023 - Posted by Rich Miller

* Chalkbeat

Teacher and staff shortages exacerbated by the coronavirus pandemic are making it harder for Illinois school districts to find qualified teachers – especially for special education and bilingual positions, according to a new survey.

Of the Illinois school leaders from 690 school districts surveyed, 73% say they have a teacher shortage problem, 93% say the shortage is as bad or worse than last school year, 95% report receiving the same or fewer applicants for vacant positions, and 92% say they have a substitute teacher program. School leaders also said those who do apply for open roles aren’t qualified for the position.  […]

Across the state, the study found that 2,728 teacher, special education, and support staff positions were either vacant or filled with someone less qualified. While schools across Illinois are struggling to fill positions, towns and rural areas especially in east-central and west-central Illinois had more vacancies. […]

The survey found that 68% of school leaders believe incentivizing teachers to get additional endorsements will have a positive effect on recruiting and retaining teachers. To get students into the teacher pipeline and into classrooms, school leaders suggested scholarships for students, additional compensation for staff in high-need areas like special education, and increased funding for pension plans. […]

[Mark Klaisner, president of the Illinois Association of Regional Superintendents of Schools] and other education advocates are asking the state to invest $550 million in the state’s evidence-based funding formula “to give schools the money they need for professional development for additional education.” 

Click here and you’ll see this problem is national. Shortages are reported everywhere.

* Nebraska

The surveyed revealed that the majority of unfilled and/or vacant positions were special education (19% unfilled), elementary education (15% unfilled) and career education areas (12% unfilled).

* Kentucky

Despite increases in funding at the state level for the next two years, the Commonwealth of Kentucky has 11,000 teaching positions still open in the state’s public schools. After decades of disheartening politics, the politicization of everything in schools, from bathrooms to books, low salaries, and rampant violence, college students aren’t choosing teaching as a career. […]

According to reports, 72% of the state’s teachers are either 5 years from retirement or, in their first five years of teaching, a very high turnover time. The 11,000 missing teachers represent about a quarter of the state’s total teaching workforce.

So, what are states doing about it?

* Georgia

To meet the need, Georgia is considering taking part in the federal Interstate Teacher Mobility Compact. It would validate teaching licenses across state lines, so teachers wouldn’t have to get a new license if they moved states. 

* AP

Every Colorado school district, like many across the country, began 2023 understaffed. That’s caused classes to be crammed together, school bus routes to shrink, Spanish language courses to get cut from curriculums, and field trips to be nixed.

This has prompted lawmakers in Colorado and other states to suggest legislation that would get rid of relicensing requirements for teachers when they move across state lines — an oftentimes cumbersome and costly process of waiting periods, licensing fees, and expensive exams. […]

Nine other statehouses are considering joining the compact, including Hawaii, Washington, Kansas, Georgia and Mississippi. For the compact to take effect, 10 states must approve it.

The national teacher shortage, exacerbated by deep losses during the pandemic, has left states scrambling to hire and retain educators. It’s pushed school districts across the South to accept candidates without teaching certificates or formal training to staunch the losses.

More info on the compact is here.

* Staying with Colorado

State lawmakers advanced a bill this week to expand the state’s Temporary Educator Loan Forgiveness program, which was established with COVID-19 relief money and set to expire. The state senate will take up the expansion proposal next. 

Lawmakers in the state house also voted to discuss establishing educator license reciprocity with several other states in an effort to allow teachers new to Colorado to more easily enter the state’s classrooms. 

[Robert Gould, president of the Denver Classroom Teacher Association] said both proposals will help, but neither will entirely fix the school funding issue. He said the state needs to free up more money to fully fund schools and increase teacher salaries. 

But he said there’s a broader problem too: Many students today do not want to become teachers. 

On that last point, here’s a press release from the Language Learning Network

The teaching profession was once revered and considered noble for its critical role in shaping the minds of our young people and helping them develop the skills needed to succeed in life. It is now the profession that so many new and veteran teachers are leaving. However, this change did not happen overnight. The COVID-19 pandemic, overt acts of violence, and heightened and emboldened bigotry catalyzed the already-terrible circumstances under which teachers are expected to work. Teachers are simply left with two choices: continue to endure abuse or leave education. For once, teachers are prioritizing themselves and leaving their chosen profession that clearly is not choosing them. Although the problems are apparent, the education system and country continue to cry teacher “shortage” instead of giving teachers what they need and deserve.

* Connecticut

In an effort to combat the state and nationwide teacher shortage, the University of Connecticut’s Neag School of Education has increased enrollment and expanded its program locations.

“We’ve heard from many alumni and schools across the state and their requests for support as they battle these shortages,” Neag School Dean Jason G. Irizarry said in a press release. ” The interest in and applications for our teacher education program is high, and we’re doing everything possible to expand the pool of highly qualified teachers to meet the needs of Connecticut’s schools.”

* Pennsylvania

A new report on Pennsylvania’s teacher shortage recommends sweeping changes, affecting how teachers are prepared, paid and retained, and advocates solutions that address not only the problem but also its root causes across the system.

Student teachers should get paid, and Pennsylvania should explore models that would make it free for college students to become teachers. There should be closer partnerships between school districts and colleges, a better assessment of teacher preparation programs, and higher pay for teachers who serve as mentors.

These were among the remedies resulting from a teacher shortage summit in Harrisburg last September that drew 150 educators, policymakers and government leaders, including then-Acting Secretary of Education Eric Hagarty.

Policy recommendations

1. Incentivize high-quality teacher preparation, characterized by rigorous coursework and intentionally designed clinical experiences developed in partnership with local education agencies.
2. Invest in teacher retention through well-defined career ladders.
3. Expand pathways into teaching for youth and paraprofessionals.
4. Improve the financial value proposition for becoming a teacher.
5. Improve data collection to allow for targeted investments in the teacher pipeline.

* CNN

The National Council On Teacher Quality told CNN that over the last two years, 23 states have lowered teacher qualification requirements for beginning teachers. That includes lowering or removing assessment tests designed to determine whether teachers have a firm grasp on the subject they will teach and creating emergency teaching certificates to expedite candidates into the classroom without a teaching degree.

Arizona, Florida and Oklahoma have created new pathways for people without a bachelor’s degree to teach in classrooms. […]

Linda Darling Hammond, president of the Learning Policy Institute, an education research and policy advocacy group, says state efforts to repeal teacher qualification requirements will only exacerbate the teacher shortage.

“When states respond to shortages by reducing standards rather than increasing salaries and improving working conditions, what they’re doing is creating a vicious cycle. They get people in who are underprepared. Those people leave at two to three times the rate of those who have come in with preparation.”

Hammond says at the same time the quality of education for students suffers. “You’re undermining student achievement.”

…Adding… Teach Plus Illinois released this study about special educator retention

Findings
1. Special education teachers want effective mentorship and continued professional development throughout their careers.
2. Increasingly heavy workloads result in lack of time to fulfill duties and responsibilities and deteriorating mental health for special education teachers.
3. School administrators do not have a comprehensive understanding of special education teachers’ responsibilities and duties.
4. Educator preparation programs do not adequately prepare special education teachers for non-instructional parts of their job such as writing Individual Education Plans (IEPs) and successful collaboration.

Recommendations
District leaders and elected officials should:
1. School districts should provide a robust mentoring program with at least two years of mentorship for special education teachers.
2. Districts should increase pay for special education staff and create additional positions to reduce workload.
3. School administrators should be trained to understand special education teachers’ duties and incorporate their suggestions regarding student needs.
4. ISBE should require more classroom field experience, training in managing IEPs and paperwork, and practice in collaborating with peers as part of special education preparation programs.

  41 Comments      


Afternoon roundup

Thursday, Feb 2, 2023 - Posted by Rich Miller

* This decision is not a suprise. At all..


Also not a surprise, Darren Bailey urged his followers today to pay $200 and sign up for DeVore’s third lawsuit. The TRO is here.

…Adding… From Attorney General Kwame Raoul…

“Over the last few years, my office has become accustomed to facing a barrage of challenges to newly-enacted state statutes and executive orders. The Protect Illinois Communities Act is an important tool in our fight to protect Illinois residents from gun violence, and as with past matters, we recognize that the act’s constitutionality will ultimately be decided by a higher court. We are reviewing the circuit court’s decision and continue to review the 5th District’s decision. We will seek the Illinois Supreme Court’s review of challenges to the Protect Illinois Communities Act, and we will ask the court for an expedited schedule.”

* From End Citizens United…

Hi Rich,

Hope you’re doing well. Reaching out from End Citizens United. Saw your coverage of the letter we sent to Rep. Mary Miller calling on her to donate the money she received from George Santos. Wanted to flag for you that it appears Rep. Miller showed no sign of disbursing her Santos money in the most recent FEC filings she submitted this week.

All the best,
Arik Wolk

* Press release…

The Justice Department announced today that the village of Hinsdale, Illinois, has agreed to pay $800,000 to settle a lawsuit alleging that the village violated the Fair Housing Act when it refused to allow the operation of a sober living home for persons in recovery from drug and alcohol addiction in a residential neighborhood.

The settlement, which still must be approved by the U.S. District Court for the Northern District of Illinois, resolves a lawsuit that the Department filed in November 2020. This settlement also resolves a related suit brought by the sober living home’s owner and operator, Trinity Sober Living LLC.

“Individuals with disabilities – including those recovering from drug and alcohol addiction – should not be excluded from living in residential neighborhoods,” said John R. Lausch Jr., United States Attorney for the Northern District of Illinois. “Such discrimination by local governments is forbidden under the Fair Housing Act.”

“Local governments do not have the right to use zoning laws and restrictions as a vehicle to discriminate against people with disabilities,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Department of Justice is committed to vigorous enforcement of federal law to ensure that individuals in recovery have access to the housing and support they need to maintain their sobriety and lead productive lives.”

The Department’s lawsuit alleged that the village of Hinsdale violated the Fair Housing Act after it denied a reasonable accommodation request by Trinity Sober Living LLC to operate a sober living home with ten residents and a house manager in a residential neighborhood. The complaint alleged that, one day after Trinity requested an accommodation, the village sued Trinity in state court for violations of the zoning code, including that the home was a “commercial use” and would have more than three unrelated adults.

Under the settlement, the village will amend its zoning ordinance to comply with federal anti-discrimination laws, including permitting homes for persons with disabilities in residential districts, with the same size limitations applied to families of similar size, and implementing a reasonable accommodation policy. The village will also pay $790,000 in monetary damages to Trinity as well as a civil penalty of $10,000 to the United States. The village also agreed to take a number of other actions to guard against housing discrimination, including training village officials and employees about their obligations under federal law, designating a fair housing compliance officer and reporting periodically to the Justice Department.

* Rockford Register Star

Neighbors of the city’s new abortion clinic at 611 Auburn St. have filed a lawsuit in Winnebago County Court claiming the clinic is improperly zoned and that the clinic’s operation is negatively impacting the neighborhood. […]

The suit says the Rockford Zoning Board of Appeals “abdicated their solemn duty to enforce the City of Rockford Zoning Ordinance” by allowing a medical clinic to operate as a home business and allowing the clinic’s operator to live elsewhere.

The lawsuit also claims that the controversial nature of the business has caused disruption to the neighborhood, attracting protesters, traffic and noise.

* Paul Vallas education plan highlights

• Opening schools well into the evening, weekend and holidays to provide academic support, recreational activities and community-based services
• Creating paid High School Work Study programs in place of non-essential electives to build the competence, confidence and life skills
• Expanding the Alternative Schools network and opening Adult High Schools to reclaim the thousands of students who left during the pandemic.
• Empowering and trusting local communities through elected Local School Councils and redirecting funds there instead of the Central Administration
• Systematically identifying at-risk students and providing early intervention and support
• Expanding quality school options by converting failing or under-enrolled schools into magnet schools or other models directed by the local community

* Update on recent story…


* Isabel’s roundup…

  14 Comments      


Study finds Illinois’ local governments ranked second in nation for fines and fees per capita

Thursday, Feb 2, 2023 - Posted by Rich Miller

* Reason Foundation

In 2020, local governments across the United States collected just under $9 billion in fines and fees. Local governments in three states—New York ($1.4 billion), California ($1.26 billion), and Texas ($1.17 billion)—collected well over a third of the $9 billion in fines and fees in 2020.

Local governments in New York, California, Texas, Illinois, Florida, Georgia, Ohio, New Jersey, Washington, and Pennsylvania collected the most fines and fees in 2020. In all, 20 states saw their local governments bring in more than $100 million in fines and fees in 2020.

On a per capita basis, local governments in New York, Illinois, Texas, and Georgia collected more than $35 per resident in fines and fees in 2020. In contrast, local governments in New Hampshire, Connecticut, Maine, Nebraska, and Kentucky collected less than $3 in fines and fees revenue per resident in 2020. […]

At least 482 local governments derived 10% or more of their general revenue from fines and fees in 2017.

Illinois ranked second at $50 per capita. Locals imposed $641.6 million in fines and fees overall.

Sangamon County derived 15.8 percent of its revenue from fines and and forfeits in 2020, according to the study. That’s $14 million, or $70 per capita. Menard County was the worst offender, at 30 percent of revenues and $422 per capita.

Ten Illinois counties received at least ten percent of their revenue from fines and fees in 2020: Ogle, Mercer, Ford, Fulton, DeWitt, Menard, Sangamon, Cumberland, Richland and Massac.

Grundy was one of 15 counties which received at least 5 percent of revenues from that source ($1.9 million at $37 per capita).

* And a ton of suburban and exurban towns also received at least 5 percent of their revenues from fines and fees

* Among their recommendations

Develop standardized tools to determine the ability to pay and scale fines accordingly

Determination of a defendant’s ability to pay fines should not be left solely to the subjective assessment of an individual judge. This can result in wildly different outcomes for otherwise comparable defendants. Establishing standard practices would ensure that individuals are treated equally under the law. Scaling fines according to an individual’s ability to pay would also reduce the administrative costs associated with pursuing uncollectable debts.

Affidavits, bench cards, or ability-to-pay calculators may be used to standardize ability-to-pay determinations. Income-based fines, or day fines, could also be used to scale penalties according to an individual’s financial status. There is room for experimentation among the states in this area. Still, state law should clarify the factors that are considered when determining an individual’s ability to pay. Defendants should be made aware of these factors and what documentation they will be expected to provide.

Provide alternatives to monetary sanctions

Indigent defendants should be able to receive alternatives to monetary sanctions. Community service is one possible alternative to fines but it may prove overly burdensome for some. For example, community service may conflict with work schedules or family obligations. Such conflicts should be avoided, as maintaining employment and social ties are critical to reducing the risk of recidivism. Courts should be able to consider a range of alternatives, including waivers, job training, and drug or mental health treatment. Incarceration should never be considered an alternative to monetary sanctions, and fees should never be charged for alternatives to monetary sanctions.

Discuss.

…Adding… From comments…

As soon as the secret was out that duplicating state laws as local ordinances was something that could be done by municipalities to increase the percentage of fines they would keep from writing tickets, all bets were off with this.

Almost nobody looks at their ticket to see if it was written under a state law violation, or an identical local ordinance violation. More people should though. An example would be a ticket for not wearing a seat belt. When that state law is duplicated into a local ordinance, the tickets written locally are then written under the ordinance instead of the state law. That allows the locality to keep almost all of the fines, instead of those fines being paid to the state.

I don’t see that mentioned anywhere in the analysis.

The incentive to generate revenue through fines would go away quickly if that revenue from writing tickets was being primarily being generated for the state instead of the locality.

But I won’t be holding my breath any municipality will willingly change this practice, without legislation forcing them to.

  28 Comments      


Illinois Supreme Court strengthens state biometric privacy protections

Thursday, Feb 2, 2023 - Posted by Rich Miller

* Seyfarth Shaw analysis last September of Tims v. Black Horse Carriers

 Following an Illinois appellate court’s decision that a one-year limitations period applies to certain sections of the [Illinois Biometric Information Privacy Act] while a five-year period applies to other sections, the sole issue on appeal for the Supreme Court is to identify the proper statute of limitations for claims under the BIPA. […]

This case originated in March 2019, when plaintiffs Jerome Tims and Isaac Watson filed a class action lawsuit against their employer, logistics company Black Horse Carriers, Inc. Plaintiffs alleged that the company unlawfully collected, possessed, and disclosed their fingerprints in violation of BIPA when the employees clocked in and out of work using a finger scanning timeclock. The company moved to dismiss the plaintiffs’ claims as untimely, arguing that, because the BIPA does not contain its own statute of limitations, the court should apply the one-year limitations period for privacy actions set forth in § 5/13-201. The plaintiffs countered that the five-year “catch-all” limitations period contained in § 5/13-205 was more appropriate for actions under the BIPA.

In a somewhat unique ruling on interlocutory appeal, the Illinois First District Appellate Court effectively “split the baby” by holding that both the one-year and five-year limitations periods applied to different sections of the Act. Specifically, the Appellate Court reasoned that the one-year period from § 201 applies to BIPA Sections 15(c) and 15(d) because these sections involve “publication” of biometric data, which is a term explicitly used in § 201. Conversely, since the Appellate Court found that Sections 15(a), (b), and (e) of the BIPA do not involve publication of an individual’s biometric data, it applied the five-year limitations period from § 205 to these sections. The defendant subsequently appealed this decision to the Illinois Supreme Court. […]

Given the flood of BIPA class action lawsuits filed against Illinois businesses after the Illinois Supreme Court’s decision in Rosenbach v. Six Flags Ent. Corp., 129 N.E.3d 1197 (Ill. 2019), employers should pay special attention to the decision in Tims. The Illinois Supreme Court Justices did not suggest that they would rule in a certain way during oral arguments, but one takeaway was evident: the Supreme Court may not uphold the Appellate Court’s decision in its entirety. Nevertheless, while a decision in Black Horse’s favor would not fully curtail this recent wave of BIPA filings, it would certainly help limit the number of plaintiffs eligible to sue under the BIPA, as well as the potential amount of damages owed to these plaintiffs. [Emphasis added]

* Bad news for the defendants today at the Illinois Supreme Court

(W)e find that, because the Act does not have its own limitations period; because the subsections are causes of action “not otherwise provided for”; and because we must ensure certainty, predictability, and uniformity as to when the limitations period expires in each subsection, the Act is subject to the default five-year limitations period found in section 13-205 of the Code. […]

In light of the extensive consideration the General Assembly gave to the fears of and risks to the public surrounding the disclosure of highly sensitive biometric information, it would thwart legislative intent to (1) shorten the amount of time an aggrieved party would have to seek redress for a private entity’s noncompliance with the Act and (2) shorten the amount of time a private entity would be held liable for noncompliance with the Act. […]

(T)he full ramifications of the harms associated with biometric technology is unknown, and absent the Act’s protections, it is unclear when or if an individual would discover evidence of the disclosure of his or her biometrics in violation of the Act. Moreover, a shorter limitations period would prejudice those whom the Act is intended to protect. Therefore, we find that a longer limitations period would comport with the public welfare and safety aims of the General Assembly by allowing an aggrieved party sufficient time to discover the violation and take action.

For the aforementioned reasons, we find that the five-year limitations period contained in section 13-205 of the Code controls claims under the Act. Therefore, we affirm in part and reverse in part the judgment of the appellate court and remand the cause to the circuit court for further proceedings.

…Adding… ATRA…

The American Tort Reform Association (ATRA) is disappointed in today’s decision out of the Illinois Supreme Court to expand the statute of limitations to five years for Biometric Information Privacy Act (BIPA) claims, reversing an intermediate appellate court that put a one-year limit on claims.

This decision will have far-reaching consequences for businesses in Illinois and across the country, and will only exacerbate Cook County’s status as a “Judicial Hellhole®.”

“This decision is a setback for any businesses that operate in Illinois,” ATRA President Tiger Joyce said. “Expanding the statute of limitations for BIPA claims will only encourage more lawsuits and create an environment of legal uncertainty for businesses which will be exposed to an undue risk of litigation for an extended period of time.”

Trial lawyers have cashed in on the existing ambiguity in BIPA by targeting businesses that use this technology. They’ll often find a business that didn’t follow a small, technical portion of the law, then use that as a basis for a class action lawsuit, even though their clients didn’t suffer any harm or injury.

The large monetary penalties associated with BIPA have led to a surge in lawsuit filings under BIPA in recent years, and the expansion of the statute of limitations will only add fuel to the fire.

The climate for lawsuit abuse in Illinois is already bad, as demonstrated by the $228 million verdict delivered in the first-ever BIPA case that went to trial last year. The case was originally filed in Cook County and ended with a federal jury delivering the massive verdict, even though the plaintiffs didn’t claim any actual injury.

“The decision by the Illinois Supreme Court to expand the statute of limitations for BIPA claims will only increase the number of frivolous lawsuits and make it even harder for businesses to defend themselves,” Joyce said. “It’s time for the state to rein in these excessive penalties and put a stop to the endless cycle of lawsuit abuse that is driving up costs for consumers and businesses alike.”

In the recent annual report from the American Tort Reform Foundation, Cook County, Illinois was named the fifth-worst “Judicial Hellhole®” in the nation. The report cites the prevalence of no-injury lawsuits filed under BIPA.

  4 Comments      


Question of the day

Thursday, Feb 2, 2023 - Posted by Rich Miller

* From the Guardian

The sweet smell of green chile roasting on an open flame permeates New Mexico every fall, wafting from roadside stands and grocery store parking lots and inducing mouth-watering visions of culinary wonders.

Now one state lawmaker says it’s time for everyone to wake up and smell the chile.

Senator Bill Soules’ visit with fifth grade students in his southern district sparked a conversation about the savory hot peppers and the potential for New Mexico to become the first state in the nation to proudly have an official state aroma, a proposal now being considered by lawmakers.

“It’s very unique to our state,” the Las Cruces Democrat said of roasting chile. “I have tried to think of any other state that has a smell or aroma that is that distinctive statewide, and I can’t think of any.”

For New Mexico, chile is more than a key ingredient for every meal. It’s life. It’s at the center of the official state question – “red or green?” – and is one of the state’s official vegetables.

I hesitate to do this, but…

* The Question: Your Illinois nomination(s) for official state aroma? Make sure to explain yourself. Also, keep it clean, people. Thanks.

…Adding… A buddy ran a version of this question through ChatGPT twice today…

Suggest an official state smell for the state of Illinois and write 25 words defending the choice

“The official state smell of Illinois should be corn. Corn is an integral part of Illinois’ history and economy, as it is one of the largest producers of corn in the United States. It represents the state’s commitment to agriculture and its important role in feeding the nation. The sweet, distinct smell of corn symbolizes the abundance and prosperity of Illinois.”

Suggest an official odor for the state of Illinois and defend the choice in 25 words

“The official odor of Illinois should be the scent of blooming lilacs. Lilacs symbolize the arrival of spring and bring feelings of renewal and rejuvenation to the residents of Illinois. Their sweet fragrance represents the state’s natural beauty and the hope that comes with each new season. The scent of blooming lilacs is a reminder of the state’s rich history and enduring spirit.”

I’m partial to lilacs.

  77 Comments      


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