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*** UPDATED x1 *** Madigan: House will convene tomorrow

Friday, May 22, 2020 - Posted by Rich Miller

* Press release…

Speaker Michael J. Madigan released the following statement Friday:

“In three days of special session, Democrats and Republicans have taken significant steps forward under extraordinary circumstances. Working together, we have passed bipartisan protections for first responders, nurses, and other essential workers – with the support of both business and labor. We have continued our work toward a state budget and voted to secure funding that will ensure vital services like health care, education, and resources for those facing layoffs and furloughs are met.

“When committing ourselves to this session, we acknowledged that the work before us would take at least three days. We must continue our work to provide relief and support to all Illinois communities and the people of Illinois affected by this unprecedented crisis. The House will convene tomorrow to continue our work.”

*** UPDATE *** The Senate will convene at 10 tomorrow morning.

  11 Comments      


$5.8 billion budget hole to be (mostly) “filled” with borrowed federal money, paid back (hopefully) with federal assistance

Friday, May 22, 2020 - Posted by Rich Miller

* AP

Despite an economy decimated by shutdowns due to the coronavirus pandemic, the Illinois House is poised to consider a $42.64 billion operating budget for next year, a 6.8% increase over current spending that is heavily reliant on federal assistance.

The governor’s stay-at-home order aimed at slowing the spread of the coronavirus left shops closed and more than 1 million Illinois residents out of work. But Democrats who control the General Assembly expect $36.96 billion in revenue for the fiscal year that begins July 1, Majority Leader Greg Harris said. That would leave a $5.8 billion hole lawmakers would look to Washington to fill.

Man, is that ever a dangerous proposition. The cuts the governor will have to make on his own if the feds don’t come through are going to be the ugliest we’ve ever seen, and the courts may order the state to spend anyway, like they did in the Rauner years. True ugliness is on the way if DC doesn’t come through.

Back to the AP

The proposed $42.6 billion in spending outpaces the $39.9 billion outlay approved last spring for the current spending plan, before expected cushioning this week, according to budget documents. But it’s $852 million, or 2%, less than what Pritzker proposed in February, just weeks before COVID-19 prompted him to close nonessential businesses and issue a stay-at-home order. […]

The $7.2 billion in general state funds that would go to K-12 schools for the formula ensures the statewide minimum increase the law requires, but nothing more for individual districts.

* WBEZ

Included in the budget is billions of dollars for coronavirus-related spending, from $600 million for contact tracing and testing, to more than $200 million for small business grants for those forced to close up shop.

Total CARES Act spending for this fiscal year is $2.8 billion and $3.8 billion in FY21.

* Center Square

The budget includes $90 million in increased spending for the State Coronavirus Urgent Remediation Emergency Fund created by a separate bill for the current fiscal year. For fiscal 2021, there is an undetermined appropriation in the Local Coronavirus Urgent Remediation Emergency Fund from the CARES Act.

There’s also $210 million for the Illinois Housing Development Authority to provide COVID-19 relief, which includes emergency rental assistance. […]

For the state’s universities, there’s a total of nearly $1.2 billion, an increase of nearly $1.8 million from the year before. There’s increased spending of $1.4 million for Chicago State University, $120,000 less for Illinois State University, $2,000 less for Southern Illinois University, and half a million more for the University of Illinois. All other universities will have flat funding levels from fiscal 2020. […]

There’s $100 million less for the State Employees’ Group Health Insurance plan than what was in the governor’s proposed budget.

There’s an increase of $16.6 million to the Department of Children and Family Services for expansion of Family Preservation Programs.

Illinois’ veterans homes will get $13.1 million more to cover costs associated with pandemic preparedness.

The Department of Corrections gets $40.1 million more than last year, an increase of 2.7 percent.

The proposed budget also reduces Motor Fuel Tax money to local governments by $31 million.

* Meanwhile

Senate Bill 2099 as amended by the House creates the Coronavirus Urgent Remediation Emergency, or CURE Borrowing Act and authorizes the state to borrow up to $5 billion from the Federal Reserve. The money would be used to cover projected revenue losses for fiscal year 2020, which ends June 30, and fiscal year 2021, which begins July 1.

The measure now heads to the Illinois Senate for concurrence.

$5 billion isn’t $5.8 billion.

As I write this (6:40 pm), the bill is awaiting Senate action.

…Adding… The Senate passed the borrowing bill. From the pool report…

The Senate reconvened at about 6:45 p.m. and Senate President Don Harmon (D-Oak Park) presented and passed SB 2099. The bill creates the Coronavirus Urgent Remediation Emergency Borrowing Act and allows the governor to borrow up to $5 billion through the Municipality Liquidity Facility program through the federal CARES Act to help stabilize the FY21 budget.

“We are not proposing to borrow $5 billion on day one. It is a credit facility, essentially a bridge loan. We will borrow as needed to meet current obligations,” Harmon said.

Senate Republicans were opposed to the measure. Sen. John Curran (R-Downers Grove) and Sen. Sue Rezin (R-Morris) argued that Democrats are rushing the bill and that lawmakers should wait until they actually know how much money they’ll receive from the federal government through the next coronavirus stimulus package. Rezin said “We (Republicans) haven’t even seen the budget yet.”

“I would say this,” Harmon said. “Borrowing is far from optimal but it’s certainly the best option among the bad options we have. This is the time the government should be spending — when others can’t.”

SB 2099 passed 37-19.

  20 Comments      


Clay County judge again rules against Pritzker, but only applied the TRO to the tanning business which sued

Friday, May 22, 2020 - Posted by Rich Miller

* Todd Feurer at CBS Chicago

A Clay County judge who has repeatedly criticized Gov. JB Pritzker’s stay-at-home order again ruled against the governor on Friday, but stopped short of issuing a statewide temporary restraining order that had been sought by a downstate business owner.

James Mainer and HCL Deluxe Tan had filed a new lawsuit on Thursday, seeking to have the governor’s executive order declared null and void. At a hearing on Friday, Mainer’s attorney, Thomas DeVore, sought a temporary restraining order barring the governor from enforcing the order statewide, but instead Clay County Judge Michael McHaney granted an order only for Mainer and his business.

The temporary restraining order exempts Mainer and HCL Deluxe Tan from the stay-at-home order until June 5, when McHaney will hold another hearing on the plaintiffs’ bid for a permanent injunction.

“Waiting until such time as a hearing might be had on the determination on the merits of the injunction is too great a risk for James and HCL, given their freedom and livelihoods are being stripped away in violation of Illinois law every hour that passes,” McHaney’s ruling states.

The TRO is here.

* Jon Seidel

The judge mocked the order, echoing popular complaints, and said, “if I go to Wal-Mart, I won’t get COVID. But if I go to church, I will.”

At his daily news briefing, Pritzker said, “it’s clear that the judge in Clay County has his own political agenda.”

* Meanwhile…


  37 Comments      


Elections omnibus bill clears Senate on final passage

Friday, May 22, 2020 - Posted by Rich Miller

* Press release…

The Illinois Senate approved an expanded vote-by-mail program that has garnered increased popularity across the state and country amid public health concerns over voting and elections during the COVID-19 outbreak.

Senate President Don Harmon voted for the expanded vote-by-mail program and issued the following statement:

“This is an overdue step toward modern convenience and safety in our elections,” said Harmon. “It’s unfortunate it took a global pandemic to convince people of its value, but expanding vote by mail is a needed election reform that I hope voters will utilize.”

Under the proposal:

    · Any person who has voted in the past two years (2018 General Election, 2019 Consolidated Election or 2020 Primary Election) would receive an application for a ballot in their mailbox.

    · Any person who registered to vote after the 2020 Primary Election would also receive an application.

    · General Election Day, November 3, 2020, would be a state holiday.

This does not preclude in-person voting opportunities on and/or before Election Day.

The legislation is SB1863.
After the Senate’s 37-19 vote, the legislation’s next destination is the governor’s desk.

* Citizen Action/Illinois…

“This bill is an important step to protect people’s right to vote,” said Julie Sampson, co-director of Citizen Action/Illinois. “The coronavirus outbreak upended elections elsewhere and caused confusion for voters when polling places closed. With these reforms, Illinoisans can vote by mail, in the language of their choice, without risking potential exposure to COVID-19. Sending the registered voters an application to vote by mail is the least we can do.”

* Press release…

“The reforms in this law are an important first step toward ensuring that no voter has to risk their health in order to exercise their right to vote in November,” said Just Democracy Chair and Common Cause Illinois Executive Director Jay Young. “We are particularly pleased that, as our coalition has called for, the law keeps these emergency changes temporary to avoid any permanent obstacles to voting. However, advocates and election officials will need to act decisively to address some important gaps left out of this law.”

Coalition members raised several remaining challenges, including:

    • The law falls short of protecting access to limited English proficient voters. Ballot applications and educational materials must be accessible to all citizens.
    • The law does not direct officials to consider community input when closing or consolidating polling places, decisions that land with greater impact on communities of color.
    • The law doesn’t protect the rights of voters facing the gravest health threats - including those in nursing homes, jails, and hospitals - or even require local election authorities to give public notice of procedures for these communities.

Nothing from opponents in my email.

…Adding… AARP IL…

“Older Illinoisans should not have to risk their lives or their health to exercise their right to vote,” said Bob Gallo, State Director of AARP Illinois. “With voters set to go to the polls on November 3, we believe that Illinois should take action now to ensure that all registered voters can cast their ballots safely. […]

“These are challenging times for all Illinois residents,” Gallo said. “ Older adults in this state must be able to rely on their elected officials for leadership to ensure that the largest voting bloc in our population, the 50+ voter, can continue to have a safe and secure way to exercise their right to vote during this unprecedented time.”

* Governor…

“The right to vote is the foundational pillar of our democracy — and, now, as our elected leaders are making some of the most consequential decisions of our lifetimes, it’s more important than ever that people have every ability to make their voices heard,” said Governor JB Pritzker. “I applaud Leader Kelly Burke, Senator Julie Morrison, the Women’s Caucus and leaders in the General Assembly for working to ensure Illinoisans can continue to exercise their right to vote during these unprecedented times. Sending vote-by-mail applications to residents who have participated in recent elections will allow more people to vote from the safety of their own homes and help reduce the spread of COVID-19 in our communities. I look forward to signing this legislation when it reaches my desk and I encourage all eligible voters to exercise their right to vote at every available opportunity.”

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Pritzker announces childcare reopening schedule - Will use federal $ to pay for federal borrowing - Will be “very disappointed” if legislature doesn’t pass legislation addressing withdrawn IDPH rule - Legislature can stay in town if it wants to - Says “look at the log data” will show only one person accessed IDES info - Says he “regularly” talks to clergy - Asked why legislators haven’t taken up a bill on African Americans, Latinos - Supports Chicago casino bill - Republicans “linked themselves” to fringe protesters - Clay County ruling will only apply to Clay County - Plans to stay in Springfield through end of session - Lightfoot decision to go slower is hers to make - Comments on FEMA letter warning law enforcement about funding - Hasn’t seen Sen. Rose’s letter - Children over 2 will wear masks - Called out on food claim - Dr. Ezike explains spread at restaurants - Dr. Ezike says no easing of nursing home visit restrictions

Friday, May 22, 2020 - Posted by Rich Miller

* Gov. Pritzker began his briefing today by saying all regions under his Restore Illinois plan are on track to move into Phase 3 on May 29

But we can’t have a conversation about going back to work without talking about childcare. If we don’t have childcare, a large portion of the workforce, especially women who too often bear a disproportionate burden, will be without any way to move forward without caring for their child themselves. From the start of this public health emergency, Illinois has recognized the importance of childcare for working families. We focused especially on essential workers, continuing to work outside of the home. And for that reason we included childcare in the list of essential businesses, starting with our first stay at home order.

And over 2500 childcare homes and 700 centers have been providing care over the past few months. That’s about 15% of the previous operating capacity of our childcare system.

When I issued the stay at home order, we implemented an emergency childcare system that provided access to childcare in small group settings for essential workers, people who ensure our public safety and help others families to get food, gas, pharmacy goods that they need. And I’m particularly proud that Illinois made sure that all essential workers, from nurses and doctors to grocery store clerks and food producers were eligible for the state’s Childcare Assistance Program. Meaning the state covered most, if not all, of the cost of childcare for our emergency childcare providers and for the essential workers who use them. And to help keep emergency childcare centers up and running, the state offered a one time stipend, and paid enhanced reimbursement rates for emergency childcare for 30% above what we usually pay to reflect the additional costs of providing care in smaller settings.

In sum, we’ve been focused on supporting essential workers and protecting the health of children and childcare staff. And I’m pleased to say that this approach has proven successful. To date, Illinois has not seen significant transmission of COVID-19 in child care settings, which is encouraging evidence that child care can be provided safely. Public health experts emphasize, however, that there is much that we still don’t know about this new virus. How it spreads and especially what effect it has on children. Therefore moving forward Illinois must take a cautious approach that appropriately balances the need to greatly expand childcare, with the need to lessen the risk of spreading coronavirus.

We gathered input from over 80 stakeholders from all around the state, including childcare providers, childcare Resource and Referral agency staff, legislators, advocates, state agency officials and of course, public health experts on everything from new health and sanitation protocols to staff training needs to what supports families will need as they return to childcare. Their insights are reflected in the plan that my administration is issuing today, shaping our roadmap for safely increasing access to childcare as parents return to work.

Following the guidance, all of the 5500 childcare providers who are not currently operating are being asked to reopen when their community moves into phase three of the Restore Illinois plan. For the first four weeks that they’re open, providers will be able to serve no more than 10 children per classroom. Once they have provided care safely for four weeks, and have gotten accustomed to the new health, social distancing and sanitation routines, they will be able to expand to larger group sizes, though not yet their fully licensed capacity on the strong advice of public health experts.

These new group size limits will be roughly 30% lower than the levels they were at before the pandemic. For our licensed homes which tend to be smaller, most will be able to operate at standard capacity.

With all centers and homes online, this would bring us to more than three quarters of our previous childcare landscape in Illinois. Providers that have been successfully operating as emergency childcare providers can move immediately to these new maximum capacities when their region enters phase three. Most licensed childcare homes will also be able to reopen to their licensed capacity, recognizing childrens’ need for quality early learning experiences. All providers will be expected to resume compliance with all licensing standards related to curriculum, learning environment and staff qualifications.

Please remember to pardon all transcription errors.

* He also addressed church guidance…

My team and I have received a lot of excellent proposals and ideas from different religious groups on how to safely expand their services. Let me address that specifically from a broad standpoint I can say that outdoor faith services, including, but not limited to drive-in church services, will be welcomed in phase three. And we continue to collaborate with faith leaders to ensure that they can hold services and safe and creative ways that allow for worship, while protecting their congregants. I know worship is as essential as food and water for most of us, and it’s my priority to provide guidance to ensure that it can proceed safely.

* On to questions for the governor. The budget in the House is $5 billion or more unbalanced. How much federal funding are you counting on to fill the gap?…

Well, we don’t know what the federal government’s going to provide, but we believe that at least the two proposals that have been made in the Senate and in the House. Each provide for enough, so that we will be able to fill the hole that’s been created by the tax revenues lost during COVID-19. … the hole that’s being filled is also MLF dollars. And those dollars would simply be repaid with the dollars that come in from the federal government.

* What do you know about the progress of legislation to codify modification of your repealed IDPH emergency rule?…

Well, my understanding is that the legislation, though there’s still a possibility that it may go through, is something that the legislature does not appear to want to raise and hold a vote on. I haven’t heard the latest.

I’ll be very disappointed, I mean the legislature has been asking for months and months, they’ve wanted to come together because they consider themselves, and they are, a co-equal branch of government, along with the judiciary branch and the executive branch. And it is their obligation, frankly, to do their duty. They don’t seem to want to help in any way, dealing with the COVID-19 crisis, by offering us the ability to use a small enforcement mechanism that we’ve asked for.

* The budget package that is out there, it appears you would have pretty broad discretionary authority over a lot of spending decisions. You give details about how you would intend to use the authority, what your priorities are and how Illinois would pay back the short term borrowing 5 billion note?…

Well I talked about the short term borrowing just moments ago, so I’ll just address the rest. Look, I put a budget forward, back in February. I think everybody understands what my priorities are for the state and I’m going to follow those priorities going forward.

* Earlier today Leader Bill Brady of the Senate said that everybody ought to stay in town. He does not want to go home. The legislature and the governor should continue to talk about the Restore Illinois so there is enough legislative input. What do you think of that as well as his statement that yeah I talked to the governor he listens then he does what he wants anyway?…

Well that’s, Bill knows better. The truth is that I’ve talked to many many Republican legislators. You’ve seen changes that I’ve made along the way. Many of them have been recommended by Republican legislators. And staying in town, look again they are a co-equal branch, the legislature has the ability to do that. They’re doing quick work. I also think they want to make sure that everybody is safe. You saw that there were some legislators who could not even come because they have comorbid conditions. And so we want to make sure that everybody gets out of Springfield when they do in a safe fashion, but look it’s up to them and I’ll be here.

* President Trump has declared houses of worship essential. What are your plans for churches, synagogues mosques and other institutions. What are your thoughts about President Trump’s threat?…

Well, we’re going to continue to operate on the basis of science and data and I’m as anxious as anybody to make sure that our churches or mosques or synagogues open back to where they were before COVID-19 came along. We’re gradually moving in that direction, but there’s no doubt the most important thing is we do not want parishioners to get ill because their faith leaders, bring them together, we hope that faith leaders will continue to do as the vast majority of them have done which is to worship, sometimes online, sometimes in other capacities as we’ve talked about outdoor and driving.

* Mayor Lightfoot essentially wants to be able to offer Chicago restaurants the option of indoor giant dining in June, cities for weather and desire to give owners the ability to generate enough revenue to help keep them afloat [sorry for the weird transcription]. Is this something you’re willing to reconsider. Or will the mayor, and Chicago restaurants have to wait till phase four?…

Well, I too would like everything to reopen in the fashion that it was at before. Again, what I’m being advised by the epidemiologist says that indoor dining at least during this next phase, we need to be extraordinarily careful, watch the numbers with outdoor dining with the service. The servers who will be wearing masks, but the people sitting at tables may not be and of course the food has the potential to carry the virus so we just want to be very very careful and watch what happens with the opening up that we’ve already allowed in phase three.

* IDES has sent out a release about the data breach investigation. Representative Terri Bryant says no one’s answered her questions about what happened. She doesn’t believe only one person saw the information. How can you or the department be certain that only one person saw that personal information?…

Well, they can look at the log data, but here the IDES has been extraordinarily careful and taking extra precautions here by making sure that that the contractor has provided for more than 35,000 people the ability to track their own credit reports to make sure that nothing goes wrong for them.

* It’s been more than a month since two lawyers married to one another, Leslie, and Jones and Thomas Johnson were murdered in their Oak Park, home, more than a month since state police joined the investigation. We’ve heard almost nothing What can you tell us about that case?…

I don’t have details about the case but I’m happy to refer you to the State Police for that.

* It’s known that you communicate with Cardinal Cupich. Have you had direct communication with any other Illinois bishops specifically, the one here Bishop Thomas Praprocki?…

I have not heard from Bishop Praprocki. I have spoken with a number of Bishops and pastors, just this morning I spent about a half an hour on the phone with a pastor, and that’s a regular occurrence for me frankly, including of all faiths.

* We’ve been talking about it for weeks the impact the virus is having on African Americans, Latinos there’s a new poll out this morning showing blacks are nearly three times as likely to personally know someone who died from the virus than white Americans. Why is it the legislature doing a bill to help address the COVID-19 racial divide?…

I can’t speak to why the legislature, what the legislature would have done with a bill but I can say this, that statistic that you cited doesn’t surprise me. The African American community honestly has had the greatest toll brought up against them in terms of deaths. The comorbid conditions that often exists in the African American community because of historical racism because of the failure to provide the right kinds of health care in the community, are some of the reasons why that exists. Now of course we’re working very hard to protect people in communities of color, African American community and the Latino community by providing testing by doing contact tracing by making sure that we’re educating people about how important it is that they follow the rules that they stay at home, that they use face coverings and so on.

* It’s going to be a warm memorial day weekend in Chicago under the stay at home orders. What’s the state police’s plan to help Chicago and other cities keep residents safe? Separately a concerned viewer wanted to know if authorities have noticed drag racing on the Edens and Kennedy Expressways late at night near Chicago…

Unfortunately, as you know that’s been going on for some time the state police have been trying to track down those people who are committing those crimes.

In terms of the broader instruction or guidance for law enforcement, I think they’re well aware that this is going to be a difficult weekend that there are people who maybe not purposely you know but just by virtue of it’s Memorial Day weekend people have an extra day off, not they’re used to getting together with their friends and so on. I really want to provide a caution to all the people who are listening to please remind your friends and your family that I know that this is an unusual time, I asked you to take unusual precautions, wear your face coverings. That may be the most important thing I can say to you, wash your hands, make sure you’re not gathering in large groups with one another. It is time for us to do something unusual. Keeping each other safe is the most important thing that we can do and so following those edicts or, you know, those suggestions anyway will keep your friends and family safe.

* Are you prepared to support a Chicago casino bill. And do you expect one to be approved today?…

Yeah, I was very clear I think yesterday about my support for the Chicago casino bill. I think it’s very important not only for the city of Chicago, but for the state. And so I’m hoping that the legislature will do as I think it is. It is desired to do by them and so you know I’m looking forward to signing that bill.

* Have you been part of the negotiations? How quickly will construction start and when with the money start flowing in troubled pension funds?…

I can’t answer all those questions but I can say that as you know I’ve advocated for this because since the very beginning, I want to make it work for the city of Chicago. We set the basic parameters for this bill and so there may be aspects of it that are still being worked on even this afternoon, and our team is certainly tracking that, but the basics here are still intact and those are the things are most important.

* Do you think there is a Republican strategy at play here with the coronavirus hoping to seize on the growing frustration of the stay at home orders, as you play for as a play for GOP votes in November, using, trying to counter it by linking Republican lawmakers to fringe anti semitic protesters accusing them of trying to suppress voting by opposing vote by mail and favorite budget cuts regardless of the total?…

I didn’t link Republican elected officials to Nazi demonstrators, they linked themselves. There were elected officials that are in the bank of Springfield building right now who were out there speaking in front of the crowds that were holding pictures of Hitler swastikas, and they knew they were there. They were holding up signs that said death to tyrants. And then they had other signs that depicted me and Hitler. So I would say that the Republicans have tagged themselves, and for as long as they do not call out the elected officials of their own party they are a part of the very problem that way that the existence in this country of allowing hatred and bigotry to perpetuate.

* A Clay County Circuit Judge can [garbled] your coronavirus restrictions unconstitutional is hearing your lawsuit today, it could overturn your executive order statewide. Considering this is Memorial Day weekend, what options do you have in the event the judge does strikes down your order? And do you worry a defeated court case could signal to everyone that it’s a free for all?…

No, it’s clear that the judge in Clay County has his own political agenda.

I can also say that the decision in that court, if it goes against us, really only applies to Clay County because it’s been decided already in Cook County Court it’s been decided already in Sangamon County Court upholding my ability to issue disaster proclamations and executive orders associated with a disaster in the state of Illinois.

* The legislature is not going to do anything to [change the laws] that are denying people employment benefits. That tells us there’s information the governor can take on penalty weeks without legislative action. You’ve previously said that that’s not true, it requires a legislative change. The bottom line are people need help. What are you going to do?…

Well, again, we’ve been working with the legislature I hope they get this right this afternoon but this is on them right now.

* How late do you expect the legislature to go and are you planning to stay here until they’re done?…

That’s my current plan. I don’t know how late that they’re going to go and if they end up with all the major pieces of legislation done. And it’s really down to some minor issues. Maybe I’ll leave earlier, but I doubt it. I’ve been here, as you know, last year I was here for every last minute of the legislature and I intend right now to do that.

* Do you agree with the approach Mayor Lightfoot is taking on not reopening Chicago’s economy with the rest of the state?…

Again I’ve, we’ve left this up to local officials to make decisions that are best for the people who live in their communities. We’ve tried to set a standard of safety and health for the entire state and we’ve done it. As you know, we have a regional plan. So as far as I’m concerned, the decisions that get made at the local level are in fact up to those local elected officials, as long as they’re maintaining the proper health and safety standards that we’re setting.

* Some law enforcement agencies have received letters from FEMA warning them that relief funds could be denied for not enforcing the executive order. Were these letters sent before the amendment making violations a crime was removed?…

There was not a timing set for a letter like that, um, I know, I’m aware of the letter. It’s a letter really about making sure that people understand that they won’t get FEMA reimbursement if they don’t follow the rules that the federal government sent out.

* Governor Pritzker, what is your response to State Senator Chapin Rose after he collected feedback from local leader leaders across 10 counties, as they shared their fears for their communities and the timeline concerns between each phase. Have you gotten a chance to read those letters and what’s your response?…

I’m not sure if that’s something I’ve received recently. I’ve received a lot of plans and I can’t specifically identify the one that came from Senator Chapin Rose, I’m as you know I’m trying very hard to read and listen to all of the ideas that come from across the state, indeed, we’ve incorporated many of those ideas into the executive orders as we move forward. If I haven’t seen that one and I’ll go back and make sure that I do. If I haven’t seen that one I will make sure and do it and again one more thing, the opinions of local officials about how it can operate, how this can operate better in their local areas does have an effect on the way that I think about how we should [garbled] these orders going forward.

* Will children need to wear masks at childcare centers?…

The requirement here is that any child that’s two and under is not required to wear one. We have actually a smaller group requirements for those very young children than we do for slightly older children. Yes older children are going to be masked. Obviously if they aren’t medically able to wear a mask then they don’t have to. But again, the more people that are wearing a face covering in a group setting, the better.

* Will Arlington Park and other tracks be able to open with spectators this summer?…

The bigger challenge in that question is the spectator question. We’re still working on what the guidance might be for them to be able to run races. We want people to be able to enjoy watching races that can be done remotely. You’ve seen that the major league sports are doing that or at least they’re attempting to do that. So we’d like other sports to be able to, again, we just want to make sure that folks are working the backstretch and everybody that’s involved in it is kept safe.

* What evidence do you have that coronavirus can spread through food, CDC does not seem to indicate evidence for that…

I guess I can’t speak to all of the reasons that it may be that it’s more around the plates and the other items that are being served. So, perhaps, Dr Ezike can address this.

Dr. Ezike: The CDC actually did just update their guidance regarding the transmission, the spread of the virus. The emphasis is that spread is happening, particularly between people. So, yes, we know that there is some measure of contacts of surfaces, resulting in infection, but the majority is between person to person spread. And so we know in indoor settings where space is limited, where there are a lot of people within a certain density that causes a certain density that makes it more likely that there’ll be transmission, or spread amongst individuals we know that in the kitchen, you have a lot of people together, working together, between the servers and the people preparing the food. So again it’s the density that occurs from in this restaurant type setting that is most likely the biggest part of spread as we know that it’s more person to person.

* Any insight on one visitor restrictions can be lifted at nursing homes?…

Dr. Ezike: So again I think everyone is well acquainted with how a population that, in which the residents do not leave the location, I think it should be clear, where then the infection comes from the virus does not come up de novo from nowhere. It actually is brought into the facility. So it is clear that the more people that are coming in, the higher chance for the virus to be brought in. There actually has been clear guidance from the federal from CMS stating that absolutely visitation should not be something that we loosen up, even as we move into new phases, that should be one of the last things that we should consider doing. And so I think locally we had come to a similar conclusion.The federal government has offered similar guidance that visitation and bringing more people and the risk of more infection into the place with the most vulnerable population is not the way to go. So, no we’re not looking at relaxing visitation right now, but you still urge that despite being physically distance and not being able to physically connect that we really promote people having ways to virtually connect or electronically connect through so many of the ways that we’re all using now whether it’s zoom or WhatsApp or iPads or WebEx we want to use as many opportunities as we can to have people still connect that physical that actual connection, whether it’s, although it can’t be physical is so key, and is helpful and is needed by our by our loved ones that are in these long term care facilities

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  31 Comments      


2,758 new cases, 110 additional deaths

Friday, May 22, 2020 - Posted by Rich Miller

* Press release

The Illinois Department of Public Health (IDPH) today announced 2,758 new cases of coronavirus disease (COVID-19) in Illinois, including 110 additional deaths.

    Boone County: 1 male 40s
    Cook County: 5 males 40s, 2 females 50s, 3 males 50s, 8 females 60s, 13 males 60s, 3 females 70s, 9 males 70s, 10 females 80s, 12 males 80s, 6 females 90s, 4 males 90s
    DuPage County: 1 female 70s, 1 female 80s, 1 male 80s, 1 female 90s, 1 male 90s
    Kane County: 1 male 50s, 2 males 70s, 1 unknown 70s, 1 male 90s
    Kankakee County: 1 female 80s, 1 male 90s
    Lake County: 1 female 50s, 2 males 50s, 1 male 60s, 1 female 70s, 1 male 70s, 1 female 80s, 1 male 80s, 2 female 90s, 1 male 90s, 1 female 100+
    LaSalle County: 1 male 70s, 1 male 80s
    Madison County: 1 female 90s
    McHenry County: 1 male 80s
    Peoria County: 1 male 50s
    St. Clair County: 1 unknown 90s
    Will County: 1 male 50s, 1 male 70s, 1 female 90s
    Winnebago County: 1 female 90s

Currently, IDPH is reporting a total of 105,444 cases, including 4,715 deaths, in 100 counties in Illinois. The age of cases ranges from younger than one to older than 100 years. Within the past 24 hours, laboratories have reported 25,113 specimens for a total of 697,133. The statewide 7-day rolling positivity rate, May 13-19, 2020 is 13%.

*All data are provisional and will change. In order to rapidly report COVID-19 information to the public, data are being reported in real-time. Information is constantly being entered into an electronic system and the number of cases and deaths can change as additional information is gathered. Information for deaths previously reported has changed, therefore, today’s numbers have been adjusted.

* Dr. Ezike…

As of last night, we had reported to us that 3928 individuals were in the hospital with COVID-19, and of those, 1060 patients were in the ICU and 589 patients on ventilators.

  27 Comments      


Question of the day

Friday, May 22, 2020 - Posted by Rich Miller

* What do you make of this special session so far?

  18 Comments      


If you want a state grant, you have to follow state laws and rules

Friday, May 22, 2020 - Posted by Rich Miller

* WTVO

Illinois Gov. JB Pritzker is threatening to withhold federal funds from local law enforcement if they refuse to enforce his executive order.

The Illinois Emergency Management Agency (IEMA) sent a letter to local police officials on May 20th, warning them that federal funding could be withheld from their department. The letter said, “Failure to execute or enforce the [executive order] could be considered noncompliance with the [Public Assistance Program Grant] Agreement condition to comply with all applicable state laws, regulations and policies thus placing the applicant’s funding in jeopardy.” […]

“To threaten any law enforcement agency that they’re not going to give us funding, that’s bully tactics. And I’m not going to be bullied,” said Winnebago County Sheriff Gary Caruana.

Ogle County Sheriff Brian VanVickle added, “It is outrageous that the Governor is threatening retaliation against these leaders and the men and women of their offices. He is insulting heroic police officers, corrections officers and local voters.”

OK, now read the state’s letter. You’ll notice that in order to receive federal disaster funding from the state (which is the grant recipient), local law enforcement agencies must certify they are complying with “all applicable federal and state laws, regulations and policies.” If those agencies claim to be following those laws, regulations and policies and are not, they can lose their funding. And if they’re not obeying Pritzker’s EO, the state contends they could be ruled out of compliance for the grant money.

That’s pretty standard stuff for almost every sort of federal and state grant. Nobody, but nobody is entitled to grant money if they’re not following the rules. Kinda weird that some sheriffs are claiming to be above the sort of law that everyone else has to follow if they want government money.

Also, federal regulations prohibit disaster relief to an applicant for “damage caused by its own negligence.” Reopening in advance could trigger that regulation, the letter states, “if the act of reopening resulted in increased costs for emergency protective measures.”

  48 Comments      


Today’s quotable

Friday, May 22, 2020 - Posted by Rich Miller

* United States Court of Appeals for the Seventh Circuit the other day on a motion for an emergency injunction filed by Elim Romanian Pentecostal Church

IT IS ORDERED that plaintiffs-appellants’ emergency motion for an injunction pending appeal, filed on May 15, 2020, is DENIED. Based on this court’s preliminary review of this appeal for purposes of this motion, we find that plaintiffs have not shown a sufficient likelihood of success on the merits to warrant the extraordinary relief of an injunction pending appeal.

The Governor’s Executive Order 2020-32 responds to an extraordinary public health emergency. See generally Jacobson v. Massachusetts, 197 U.S. 11 (1905). The Executive Order does not discriminate against religious activities, nor does it show hostility toward religion. It appears instead to impose neutral and generally applicable rules, as in Employment Division v. Smith, 494 U.S. 872 (1990).

The Executive Order’s temporary numerical restrictions on public gatherings apply not only to worship services but also to the most comparable types of secular gatherings, such as concerts, lectures, theatrical performances, or choir practices, in which groups of people gather together for extended periods, especially where speech and singing feature prominently and raise risks of transmitting the COVID-19 virus.

Worship services do not seem comparable to secular activities permitted under the Executive Order, such as shopping, in which people do not congregate or remain for extended periods. Further, plaintiffs- appellants may not obtain injunctive relief against the Governor in federal court on the basis of the Illinois Religious Freedom Restoration Act.

Frank H. Easterbrook, Michael Stephen Kanne and David Hamilton issued the order. Easterbrook and Kanne were both nominated by President Ronald Reagan.

…Adding… As if on cue…


  23 Comments      


More than 1 in 5 people living in state developmental centers have tested positive

Friday, May 22, 2020 - Posted by Rich Miller

* By Jennifer Smith Richards of the Chicago Tribune and Jodi S. Cohen of ProPublica Illinois

While much of the attention related to COVID-19’s impact on vulnerable populations has focused on deaths at nursing homes, infection rates are remarkably high in another kind of residential setting: state-operated centers for adults with cognitive or behavioral disabilities.

As of Thursday, more than 1 in 5 people living in these developmental centers had tested positive for the novel coronavirus, state data shows. That’s more than double the infection rate seen in nursing homes and other long-term care facilities, where confirmed cases account for about 7% of residents, according to the Illinois Department of Public Health.

Of about 1,650 people who live in the seven developmental centers, which are scattered throughout the state, at least 355 have tested positive, or 21.5%. Eight residents have died, as have four workers.

These facilities share some characteristics with other congregate-care settings, such as shared living quarters and the need for workers to bathe residents, change diapers and perform other intimate tasks. But the developmental centers face specific challenges in fighting the virus. Many residents can’t wash their hands on their own or wear masks. They may not understand why their families aren’t coming to visit or why they can’t leave the home for their usual activities.

So when COVID-19 arrived in the facilities, it spread quickly.

At Elisabeth Ludeman Developmental Center in Park Forest, 59% of about 340 residents and about 13% of the 900 workers had tested positive for COVID-19 as of Thursday. More than 37% of residents have tested positive at the Jack Mabley Developmental Center in Dixon, in the western part of the state, which has about 112 residents. So have 13% of the roughly 215 workers.

Only the William Fox Developmental Center in Dwight, the smallest of the seven centers with 80 residents, has reported no cases to date. […]

At Shapiro, 71 residents had tested positive for the coronavirus as of Thursday— about 15% of the resident population. And at the Murray Developmental Center in Centralia, about 11% of residents had tested positive. Many were asymptomatic; many already have recovered, workers and family members said. […]

Many Illinois adults with developmental disabilities live not in the state-run centers but in privately operated facilities as well as hundreds of group homes. The state recently began tracking cases in many of the midsize private facilities that often serve people with more significant medical needs and have suffered some severe outbreaks. For example, at Golfview Developmental Center in suburban Cook County, a privately operated 135-bed facility, there have been 94 confirmed coronavirus cases and 10 deaths, according to the state.

There’s more. Go read the rest.

  6 Comments      


Thursday session roundup

Friday, May 22, 2020 - Posted by Rich Miller

* Capitol News Illinois

The Illinois Senate took the chamber’s last step in putting language for a graduated income tax constitutional amendment on the November general election ballot and publishing arguments for and against the measure in pamphlet form.

The Illinois Constitution Amendment Act requires the General Assembly to prepare a brief explanation of the proposed amendment, a brief argument in favor, a brief argument against, and the form in which the amendment will appear on the ballot in a pamphlet that will be distributed to voters.

That means each household with a registered voter will receive the information, which is contained in Senate Joint Resolution 1, by mail.

The arguments against were prepared by Republicans, and the arguments for by Democrats.

The language is here. This is what will appear on the ballot

The proposed amendment grants the State authority to impose higher income tax rates on higher income levels, which is how the federal government and a majority of other states do it. The amendment would remove the portion of the Revenue Article of the Illinois Constitution that is sometimes referred to as the “flat tax,” that requires all taxes on income to be at the same rate. The amendment does not itself change tax rates. It gives the State the ability to impose higher tax rates on those with higher income levels and lower income tax rates on those with middle or lower income levels. You are asked to decide whether the proposed amendment should become a part of the Illinois Constitution.

* Finke

Illinois voters will automatically receive an application to vote by mail before the November election in an attempt to avoid exposing people to the coronavirus by making them vote in person.

The vote-by-mail bill was the most controversial bill acted on by lawmakers Thursday, the second day of the abbreviated General Assembly session.

The House and Senate also worked on other measures, including workers compensation changes, extending the expiration dates of some laws and making technical changes to help local governments deal with the effects of the coronavirus. […]

The House approved the bill by a 72-43 vote, but not until the representatives spent nearly three hours debating the bill.

* Team Tribune coverage

In the Senate, lawmakers voted 50-4 to approve a bipartisan bill to help coronavirus victims that would make it easier for them obtain worker’s compensation benefits.

The measure, an accord struck between business groups and organized labor, would allow “essential” workers who contract COVID-19 to qualify for worker’s compensation benefits with the assumption that the virus was contracted on the job. The rules, which would expire Dec. 31, apply to first responders and others exempt from Pritzker’s stay-at-home order.

In order to qualify, workers’ jobs would have to require them to come into contact with members of the public or to work in a location with more than 15 employees. The agreement would require anyone diagnosed after June 15 to have a positive test for COVID-19.

* Sun-Times

The Senate also approved a cannabis measure that makes changes to the current law that legalized recreational marijuana, including changes to advertising restrictions, taxes, making it easier for medical cannabis dispensaries to move and giving more flexibility to state cannabis regulators.

With many cannabis dispensaries facing hiring backlogs as they wait for potential employees to pass background checks, the bill also will allow the new hires to begin work while the background check is being conducted.

…Adding… The Pritzker administration, I’m told, is not pleased with some of the language in the cannabis bill pertaining to allowing recreational dispensaries to move. They think that could undermine the rollout of the social equity program and are working to make some changes.

  33 Comments      


Budget bill starts to move

Friday, May 22, 2020 - Posted by Rich Miller

* The House Executive Committee moved the budget bill, SB264, to the floor today on a partisan roll call…


This post may be updated with news stories.

  15 Comments      


*** UPDATED x2 *** Um, no

Friday, May 22, 2020 - Posted by Rich Miller

* Gateway Pundit

Illinois lawmakers are attempting to pass legislation to give government the ability to confiscate property from business owners and citizens during state emergencies like the ongoing coronavirus pandemic.

Senator William E. Brady, the Illinois Minority leader in the state senate, introduced legislation on Wednesday that will give government the right to confiscate property from business owners who defy their lockdown orders.

Senator Brady is a Republican.

Oh no!

But, alas, not true. Brady’s bill, in part, amends the Illinois Emergency Management Agency Act. Brady would prohibit the governor from issuing more than one 30-day disaster proclamation without approval of the General Assembly. The confiscation language referenced in that widely read blog is in existing state law.

…Adding… Apparently this is spreading like wildfire. People don’t understand that underlined text is the new stuff. So, ISRA has weighed in to defend Brady. Click here.

* Politico

SCOOP: A group of House Republicans say they’re fed up with how the General Assembly is addressing the state’s financial woes, and they’ve formed a new caucus to do something about it.

“Everyone can see the system is screwed up. The problem is there aren’t that many people working on solutions to fix the state’s fiscal problems,” Republican Rep. Blaine Wilhour of Effingham told Playbook. “So that’s the driving force. It’s not a personality thing or an indictment, per se, on leadership. It’s just giving a voice to the regular working people in Illinois who are getting throttled day by day by inept government.”

The Illinois Taxpayer Freedom Caucus will still operate under the Republican Party, the lawmakers said in a release provided to Playbook. But the new caucus will focus on “structural and ethical reforms [that] Illinois desperately needs.” […]

The Tax Freedom Caucus has 20 members out of 44 House Republicans — sizable enough to make a difference in a GOP vote. Wilhour says other Republicans may also join, too. The group will elect officers soon.

Historical note: It’s been more than 40 years since the last big intraparty rebellion in the General Assembly. In the 1970s, the late former Sen. Dawn Clark Netsch helped lead a group of independent Democrats known as the “Crazy 8” to get more attention for progressive issues.

This assumes that the caucus will hire staff and propose actual policies like other sub-caucuses do.

Also, House Republican Leader Lee Daniels was challenged bigtime after the Democrats picked up a super-majority in 1990. And the Crazy 8 was mainly an anti-Daley thing. Click here for some history.

*** UPDATE 1 *** Center Square

State budget aside, there’s more than $4 billion in federal COVID-19 aid for local governments a report says is being held by state officials, and members of Congress are demanding answers.

The National League of Cities found that Illinois is one of 32 states that are withholding federal funding from most municipal governments, including rural communities.

[US Rep. Rodney Davis, R-Taylorville] said before more federal funds are freed for Illinois, he’s demanding to know why about $4.9 billion in federal funds stalled out.

“We can’t be as good of advocates as we’d like to be if we don’t know where the $4.9 billion that’s already coming to Illinois is being spent,” Davis said.

“No funding is being held at all,” Pritzker responded. “We need enabling legislation. We needed the legislature to actually get together to provide that enabling legislation and that’s what’s happening the next day and a half.”

We discussed Congressman Davis’ exact same complaint two weeks ago today

This requires legislation and we have presented this plan to all four caucuses of the General Assembly for their consideration. We look forward to Congressman Davis supporting that plan when the General Assembly returns to Springfield.

C’mon, Rodney. Keep up.

*** UPDATE 2 *** Some guy I never heard of at the Daily Line

The three-day legislative session in Springfield this week will be without a handful of legislators who didn’t make the trip out of health concerns, including one positive Covid-19 diagnosis from a state representative from Chicago. Many are calling for the ability to vote remotely.

“Every legislative body in this state from the smallest to the largest is operating via remote operations except for the General Assembly. Congress is doing it for God’s sake. We need to get into the 20th century,” said Sen. Robert Martwick (D-10).

Martwick, whose district encompasses parts of the Northwest Side of Chicago and the surrounding suburbs, is not in Springfield because he said he’s following the guidance of the Illinois Department of Public Health which advised legislators with serious health conditions not to make the trip. Martwick said he was diagnosed in 2016 with coronary artery disease, high blood pressure, and diabetes after suffering a heart attack.

There is a possibility that the general assembly will vote to allow remote operations, he said, and that it could be added to one of the proposed omnibus bills via amendment.

That conflicts with Senate President Don Harmon, whose spokesperson John Patterson told news outlets in March saying that the legislature can’t hold remote meetings.

That’s a completely manufactured “conflict.” Harmon supports remote voting. Ridic.

…Adding… The article, published today, also claims that Rep. Curtis Tarver missed the session. Tarver was in town and voted yesterday. I usually expect much better from that publication. But they used a Chicago freelancer on this one.

  45 Comments      


Open thread

Friday, May 22, 2020 - Posted by Rich Miller

* Keep it Illinois-centric and polite, please

  42 Comments      


Protected: SUBSCRIBERS ONLY - Today’s edition of Capitol Fax (use all CAPS in password)

Friday, May 22, 2020 - Posted by Rich Miller

This post is password protected. To view it please enter your password below:

  Comments Off      


*** LIVE COVERAGE ***

Friday, May 22, 2020 - Posted by Rich Miller

* Follow along with ScribbleLive


  1 Comment      


« NEWER POSTS PREVIOUS POSTS »
* Isabel’s afternoon roundup
* Meanwhile, in Opposite Land
* Showcasing The Retailers Who Make Illinois Work
* It’s just a bill
* Now we know why the White Sox built that sandlot
* Energy Storage Now!
* Illinois State Police investigation underway, protest planned after newly retired Springfield police officer allegedly severely injured two motorcycle riders (Updated x2)
* Is a third term in Gov. Pritzker's future? Or maybe a Cabinet position?
* Open thread
* Isabel’s morning briefing
* Live coverage
* Selected press releases (Live updates)
* Reader comments closed for the weekend
* Yesterday's stories

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