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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      


Garcia to run TV ad quoting Vallas calling himself a Republican and saying “Fundamentally, I oppose abortion”

Thursday, Feb 2, 2023 - Posted by Rich Miller

* The Garcia campaign says this is not on TV right at this moment, but it will be

* Script

Announcer: It’s happening across the country. Republicans pushing to ban all abortions. Here in Chicago, we have to protect our rights. But Paul Vallas won’t. Because Vallas is a Republican.

Vallas: I’m more of a Republican than a Democrat. Fundamentally, I oppose abortion.

Announcer: Chicago deserves someone they can count on. Chuy Garcia will keep fighting to expand access to reproductive health care because women’s rights should be protected, not taken away. We can trust Chuy Garcia to protect our rights.

Ouch.

  55 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      


It’s just a bill

Thursday, Feb 2, 2023 - Posted by Rich Miller

* Tribune

Every morning before sending her two kids off to second and third grade, Sadiya Zackria checks the school’s breakfast and lunch menu to see whether she’ll have to send along a brown bag. […]

According to the Halal Food Standards Alliance of America, zabiha refers to meat that comes from an animal that was hand-slaughtered instead of machine-cut in a way that aims to ensure the animal does not suffer and is treated humanely. Also, the Muslim individual who cuts the meat must recite tasmiya, or the name of God, when doing so. Halal is an Arabic word that means “permissible” and refers to foods and other things that are allowed in Islam. […]

But a new Illinois bill, slated to be voted on in the spring legislative session, would be a game changer for students and parents, and any individual who requires food from a state-operated facility, said Maaria Mozaffar, director of advocacy and policy at the Illinois Muslim Civic Coalition.

If passed, the Faith By Plate Act would ensure that any state-owned or state-operated facilities such as hospitals, schools and prisons that provide food services or cafeteria services also offer zabiha-halal and kosher food options upon request when provided with notice. […]

The bill was co-sponsored by State Rep. Janet Yang Rohr, who said that a piece of legislation that was passed last year — the plant-based lunch bill that will go into effect in August — gave them a few pointers.

* Brenden Moore picked out a baker’s dozen of new bills to glance at. Here are some

* Senate Bill 43, introduced by state Sen. Sara Feigenholtz, D-Chicago, would remove the 2024 sunset date on the state law permitting bars and restaurants to sell to-go cocktails. Lawmakers approved the measure on a temporary basis in 2020 as a means of helping the state’s hospitality industry survive the COVID-19 pandemic. The law, initially in effect for one year, was extended for another three years in 2021. […]

* Senate Bill 95, introduced by state Sen. Laura Murphy, D-Park Ridge, would prohibit a legislator from engaging in paid lobbying of a municipality, county, township or the executive branch of state government.

* Senate Bill 100, introduced by state Sen. Laura Fine, D-Evanston, states that starting in 2025, a retail establishment may not use a disposable food service container that is composed of polystyrene foam. […]

* House Bill 1110, introduced by state Rep. Kam Buckner, D-Chicago, would give people the option to carry a digital driver’s license. A person would not be issued a citation for driving without a physical driver’s license if they present a digitized driver’s license. Secretary of State Alexi Giannoulias has also expressed support for the concept. 

* The time may have finally come for another bill on that list: HB1113

Amends the Illinois Vehicle Code. Provides that, beginning with the next registration year after the effective date, the Secretary of State shall issue one registration plate (instead of 2) for newly registered motor vehicles and the registration plate shall be attached to the rear (instead of front and rear) of the motor vehicle.

Secretary of State Jesse always resisted efforts to make this change. The Tollway has also expressed concern because of their plate reading technology, but Florida has rear-only plates and they have a large toll system.

* And, finally, a bill from Tennessee, introduced by state Rep. Joe Towns, Jr. (D-Memphis)

As introduced, removes Columbus Day as a legal holiday; designates the first Monday after the Super Bowl as a legal holiday.

  31 Comments      


Drivers who use Uber have the freedom to pursue their passions

Thursday, Feb 2, 2023 - Posted by Advertising Department

[The following is a paid advertisement.]

Independent drivers across the U.S. are pursuing their dreams and passions.

They have the flexibility to earn and pursue their ambitions while investing time back into their family and communities.

Learn how drivers are using their time to make changes in life and on the roads.

  Comments Off      


Rep. Morgan to Eastern Bloc member: “Keep our names out of your mouth”

Thursday, Feb 2, 2023 - Posted by Rich Miller

* Press release from yesterday…

The Illinois Freedom Caucus today is issuing the following statement on the adoption (largely along partisan lines) of the new House Rules that will determine how the Illinois House of Representatives will be governed in the 103rd General Assembly.

“Illinois Freedom Caucus member Adam Niemerg negotiated some rule changes to no longer allow votes to be cast via Zoom. Committees will be able to operate via Zoom if technology allows, but floor votes will have to be made in person, which is something the Freedom Caucus has been pushing for a long time.

Niemerg also negotiated the end of the consent calendar that allowed large number of bills to be voted on with one roll call. Consent Calendar bills often included ceremonial legislation such as measures to change the name of roads to honor members of the community, but the list also included substantive legislation. Substantive bills deserve individual roll calls so that members are completely aware of the full implication of their votes, and thanks to Freedom Caucus member Adam Niemerg we secured an important victory for the people of Illinois.

But unfortunately, the House rules as a whole give the majority party total control of the process. There is nothing in the rules to drop major pieces of legislation at the last minute without giving individual members adequate time to review what is in the legislation being considered. The new rules also give the House leadership and Committee chairs total power over what bills are voted on in House Committees. The rules essentially are the same rules that former disgraced House Speaker Michael Madigan used to exercise complete control of the process. While there are elements in the rules we can support, given the lack of transparency and lack of accountability built into these rules, we voted against them. The people we represent have a right to have their voice and their concerns heard. Under these rules, their voice is being silenced.”

* Here’s some of what Rep. Niemerg said during debate yesterday

A lot of this is just going back to business as usual. I mean, there were 19 of you who stood against Mike Madigan and called for change. I expect 19 of you to vote ‘No’ on this because this goes back to the same Madigan-era politics. Our bills will be stuck in Rules, the’ll never see the light of day. We’re going to be passing bills again at 2, 3, 4, 5 in the morning. You’re going to move to motion for the previous question when a bill comes over from the Senate and it’s dropping 11:55, kill off debate from our side of the aisle, deprive so many thousands of folks in the state of Illinois of their right to have us represent them. So honestly, I don’t believe that you tell me that you believe in government transparency. I just don’t believe it. And to the bill, folks, we call for change in this legislature all so often. We call for bipartisanship, right? And Representative, Leader Keicher and Leader Davidsmeyer and I, we proposed an idea for rules. We propose changes. But we look at the rules now, folks are still going to be asleep, sound asleep at their homes are going to have the radical bills they’re going to be pushed through the important bills. are going to be pushed through. They’re not going to know anything about it and it’s business as usual. So if we want change, I think the 19 folks over there who wanted change and wanted Mike Madigan gone, vote ‘No.’ Thank you.

* Rep. Bob Morgan (D-Deerfield) rose later in response. Excerpt

I also want to thank members of both sides of the aisle that made comments that I think reflect good ideas and ways in which we can always make this chamber operate better. I think a number of colleagues on the other side of the aisle appropriately referenced, the proof is in the pudding. It’s about how committee chairs and how Speaker and how the Rules Committee and how we treat each other and how we demand greater respect from one another. So, I think the implementation of these rules are just as important as the the plain language of the rules. Specifically I want to point out now as we are in the endemic times, endemic. COVID-19 is leaving us and we’re returning to normal. It’s important that this chamber also returns to normal. So I think it’s very important that we go back to in-person voting. I think we all know the the unintended consequences of having remote voting, so I strongly support that.

And lastly, to those who want to reference the 19: As a member of the 19, I would encourage everyone to know that we’ve never been shy about speaking up when we feel strongly about an issue. We haven’t in the past, we will not in the future. So anybody who wants to invoke the 19, I would encourage you to keep our names out of your mouth. Because when we have something to say you’re going to know about it. I urge a ‘Yes’ vote.

  55 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      


Isabel’s morning briefing

Thursday, Feb 2, 2023 - Posted by Isabel Miller

* Here’s your morning roundup…

  28 Comments      


Open thread

Thursday, Feb 2, 2023 - Posted by Isabel Miller

* Today at 10 the Illinois Manufacturers’ Association will launch their “Makers Madness” contest, a bracket-style tournament in which the public will decide which product earns the 2023 title of The Coolest Thing Made in Illinois. What’s your favorite product made in the Land of Lincoln?…

  20 Comments      


Live coverage

Thursday, Feb 2, 2023 - Posted by Isabel Miller

* Follow along with ScribbleLive


  Comments Off      


DeVore gonna DeVore

Wednesday, Feb 1, 2023 - Posted by Rich Miller

* From an attorney pal: “There’s this little thing called legislative privilege. DeVore would know that if he was a half decent lawyer”…


* But of course…


* Everybody sing!

What it don’t get, I can’t use

…Adding… Illinois Constitution

SECTION 12. LEGISLATIVE IMMUNITY

Except in cases of treason, felony or breach of peace, a member shall be privileged from arrest going to, during, and returning from sessions of the General Assembly. A member shall not be held to answer before any other tribunal for any speech or debate, written or oral, in either house. These immunities shall apply to committee and legislative commission proceedings.

  20 Comments      


*** UPDATED x1 *** College Board calls New York Times story “gross misrepresentation”

Wednesday, Feb 1, 2023 - Posted by Rich Miller

*** UPDATE *** From the governor…

Members of my administration have been in contact with the College Board today to discuss the final curriculum for the AP African American History course. Although we were pleased to see many important core ideas remain in place, there are still significant issues with the way the College Board has chosen to present this curriculum. Refusing to name the components of Black history that Governor DeSantis is most afraid of like intersectionality, feminism and queer Black life, but still including them in the curriculum can be viewed as a weak attempt to please extremists. I’ve asked the College Board to provide more information on the process behind amending this curriculum and will continue to work with them to understand these changes because it is important to me that all students feel represented in the history they learn. I look forward to Illinois educators taking on this task because I know our state is one that is inclusive and welcoming for all.

[ *** End Of Update *** ]

* NY Times

After heavy criticism from Gov. Ron DeSantis, the College Board released on Wednesday an official curriculum for its new Advanced Placement course in African American Studies — stripped of much of the subject matter that had angered the governor and other conservatives.

The College Board purged the names of many Black writers and scholars associated with critical race theory, the queer experience and Black feminism. It ushered out some politically fraught topics, like Black Lives Matter, from the formal curriculum.

And it added something new: “Black conservatism” is now offered as an idea for a research project.

You’ll recall that Gov. JB Pritzker expressed his anger with Gov. DeSantis on this topic, so I’ve been waiting for a response from the governor’s office.

* While we wait, the College Board has pushed back hard on the NYT story, which has caused quite a bit of stir online

Today’s New York Times piece about the official AP African American Studies framework is a gross misrepresentation of the content of the course and the process by which it was developed. 

The Times reporting is rife with inaccuracies. Despite their claim that Black feminism is “purged” from the course, the facts are that the course framework explicitly includes this material as required content. That section, Black Women and Movements, can be seen below: […]

Note especially the last required topic: Black lesbians’ special role in developing alternatives to mainstream feminism are cited explicitly, including the Combahee River Collective.

The Times reports that gay experience is not in the course, but deliberately ignores that several explicit references to gay Black Americans were included. In addition to the previous material about the role of Black lesbians, a section was also included in the Civil Rights Movement portion calling out Bayard Rustin and Pauli Murray by name and noting their contributions as required content. […]

The Times argues the revisions were made in response to Florida, despite the fact that the College Board has time-stamped records of revisions from December 22, 2022. The article simply ignored that the core revisions were substantially complete – including the removal of all secondary sources – by December 22, weeks before Florida’s objections were shared.

The fact of the matter is that this landmark course has been shaped over years by the most eminent scholars in the field, not political influence.

Dr. Robert Patterson, Professor of African American Studies at Georgetown University and co-chair of the committee of professors and teachers who developed this course, gives the facts of the revision process as follows: “The development of the AP African American Studies course has been an on-going, iterative process that calls upon the expertise of teachers, professors, and experts who understand the key concepts, themes, and methodologies of African American Studies, and this refining process, which is a part of all AP courses, has operated independently from political pressure.”

Dr. Kerry Haynie, Dean of the Social Sciences and Professor, Department of Political Science and Department of African & African American Studies at Duke University, and member of the development committee, put today’s Times story in stark relief: “It’s wildly misleading, at best. We reject any claim that our work either indoctrinates students or, on the other hand, has bowed to political pressure.”

While the leaked and much discussed pilot framework experimented in the assignment of secondary or derivative sources – a privilege of a pilot phase – the fact is that no AP courses, not one, not ever, has required a list of secondary sources in their frameworks. Specific theories in secondary sources, no matter how brilliant, are not part of required AP topics. The Times ignores this fact, and their reckless mischaracterization of our processes and motives is deeply damaging to the promise of this course and the millions of lives it could enlighten and enrich.

The Times reporting is an outlier to otherwise accurate reporting about the framework. But most importantly, we encourage everyone to read the framework. Before criticizing this remarkable work of scholarship, we ask that you immerse yourselves in the facts of what’s there and why.

The AP Program is focused on our long-established processes for creating compelling, meaningful college-level coursework, and in creating an historic course in African American Studies that will make generations of students better informed than they are today. [Emphasis added.]

Stay tuned.

  17 Comments      


Afternoon roundup

Wednesday, Feb 1, 2023 - Posted by Rich Miller

* Isabel posted this Capitol News Illinois story yesterday, but let’s circle back

Pritzker and Comptroller Susana Mendoza have frequently pointed out that recent budgets have not been balanced by the $8.1 billion in direct federal COVID-19 stimulus funds sent to Illinois through the American Rescue Plan Act. But the comptroller noted in a recent interview with Capitol News Illinois that the economic effects of broader federal stimulus – such as added unemployment benefits and direct checks to Illinoisans – have been a main driver of state revenue growth nationwide.

“The stimulus that went directly into people’s homes was significant in terms of its help, not just in Illinois, but across the country,” Mendoza said. “These numbers could be replicated in any other state, where instead of collapsing the economies, those states saw that their residents who received this direct stimulus did not save it in most instances, but they actually spent it in the marketplace.”

Low unemployment rates continue to boost revenue performance, she said.

* Speaking of the economy, it’s still growing, but a tiny bit slower

The University of Illinois Flash Index for Januarycontinued to decline slowly, falling to 103.1 from the 103.3 level in December 2022.

The lower index reading does not mean the Illinois economy is contracting because any reading above 100 indicates growth.

* Tribune

Startup electric truck manufacturer Rivian said Wednesday it is laying off 6% of its workforce, including a small number of nonmanufacturing employees at its downstate Normal assembly plant.

California-based Rivian has about 7,000 employees at its assembly plant and 14,000 across the company, meaning about 840 total positions are being eliminated. The company did not disclose the number of employees being laid off at the plant, but the restructuring “doesn’t impact manufacturing jobs in Normal,” Rivian CEO and founder R.J. Scaringe said in an email to employees.

* Crain’s Chicago Business

Some policy experts like Bryce Hill, director of fiscal and economic research at the Illinois Policy Institute

The policy expert’s official bio

Bryce Hill is the Director of Fiscal and Economic Research with the Illinois Policy Institute. Bryce graduated from Capital University in 2017 with a bachelor’s degree in Economics and Political Science.

Prior to joining the Institute, Bryce was an economic research assistant at The Buckeye Institute in Columbus, Ohio.

According to his LinkedIn profile, he was a research assistant at the IPI clone for eight months while still in college.

* Back to the Crain’s story

A recent statewide poll in Michigan found that 58% of voters support the state’s right-to-work law, though unions are lobbying for its repeal, hoping to be successful now that Democrats control the state House.

A study by the Mackinac Center for Public Policy, a think tank based in Midland, Mich., states “right-to-work laws have shown themselves to be useful economic development tools. Research by academics and other scholars generally show positive economic gains from adoption of right-to-work laws.”

Not mentioned is that the poll was taken by a Republican PR firm and was commissioned by the Mackinac Center for Public Policy, another Illinois Policy Institute clone.

From another poll taken in December for Progress Michigan by liberal pollster PPP

I am going to list possible priorities the Michigan legislature could tackle in 2023 and ask if you strongly support, somewhat support, somewhat oppose, or strongly oppose the legislature taking action on these issues. … Here’s the next issue: repealing Michigan’s right to work laws:

    Strongly support 30%
    Somewhat support 12%
    Somewhat oppose 8%
    Strongly oppose 18%
    Not sure 31%

* Meanwhile, WGN amplifies a police “shortage” in this piece, but couldn’t non-officers handle this paperwork?

A growing shortage of Chicago Police officers is impacting how the department staffs a key office that helps track people convicted of certain crimes. […]

WGN Investigates found people waiting in line for hours, simply to comply with a state law that requires arsonists and those convicted of sex and gun crimes to check-in and register with police. There is no other registration unit in the city.

Also…


And from the Chicago Alliance Against Sexual Exploitation…

From our perspective at CAASE, the sex offender registry system is a drain on law enforcement resources and promotes a lot of myths about sexual violence. As lawyers for victims of sexual harm seeking justice in the criminal legal system, we’ve seen officers having to spend more time on updating registrations for people with past convictions and are compliant or trying to be compliant (as seen in WBEZ and WGN stories), than meeting with victims in real time asking for their help.

The registry system also does not prevent violence from occurring. Most often, people are harmed by people they already know who are not on the registry. This is often a family member, friend or acquaintance, not a stranger they discovered from the registry (survivors know the perpetrator in 85% of sexual assault cases). And, the person who harms them very likely will never be on the registry, given that less than 3% of sexual assault incidents lead to a conviction and likely registration. It’s an uncomfortable truth, as so many things are about the reality of sexual assault and our justice system, versus how people assume it happens from what they see on police TV shows, etc. People may *feel* safer that a registry exists, but research and evidence demonstrates that the registry system doesn’t actually prevent violence or keep people safe.

We would much rather direct these finite resources to supporting survivors in real time asking for help from law enforcement, and to proven prevention strategies like quality health, sex and consent education. We also have to confront the discrimination and oppression that make people disproportionately vulnerable to experiencing harm like sexism, racism, misogyny, poverty, homophobia and transphobia, among others.

We also want to create opportunities for people who have caused harm to successfully re-integrate into their communities, improve their lives, and meet their basic needs. There’s a maze of laws and requirements for people with past convictions to follow that make re-entering their communities extremely difficult, as the 2017 task force report found too. Also, lowering the housing restrictions (from 500 ft to 250 ft) will help address the housing crisis created by the sex offender registry in Chicago and elsewhere among people with sex offenses who have homes but legally cannot live in them when they exit prison.

More here.

* Freshman state Representative protests in Chicago

Following a deadly raid by Israel in the occupied West Bank last week, dozens of protesters gathered in downtown Chicago on Sunday demanding an end to U.S. support for the country and calling for Palestinian independence.

Demonstrators gathered at the intersection of Ida B. Wells Drive and Michigan Avenue, waving Palestinian flags and chanting “Free free Palestine” and “long live Palestine.” The Chicago Coalition for Justice in Palestine, which organized the protest, called the Israeli raid “a massacre.” […]

State Rep. Abdelnasser Rashid, who joined the rally, said the latest Israeli raids represent “a continuation of what the occupation represents, which is violence against the Palestinian people.”

Rashid urged the crowd to continue to contact elected representatives to enact change in the region.

“I can tell you this, you will have a receptive audience among many of them, maybe not among all but among many,” Rashid said. “It’s on us to take that opportunity to let them know the truth because the truth is on our side. Our struggle is a just struggle.”

* Tribune

Chicago’s mayoral hopefuls exchanged personal attacks during a contentious candidate forum Tuesday evening that was repeatedly interrupted by loud protesters.

A group of demonstrators chanted against Cook County Commissioner Brandon Johnson, who joked during the live broadcast that he must be doing something right if he isn’t mayor yet but already drawing protests. Mayor Lori Lightfoot, meanwhile, stood up for Johnson, saying he “has a right to talk without interruption.”

Nobody seems to know what the hecklers were angry about, but here is a clip

* Speaking of Brandon Johnson, check this out

These opportunities range from generating higher returns by better managing the assets the city owns, to using the city’s buying power to drive lower costs – and then marketing these advantages to businesses and other governments. That means getting serious about selling our world-class water, exploring expanding our public workers health care plan to neighboring municipalities, and additional creative approaches other states and cities have adopted.

Huh? [Hat tip: Jack M Silverstein]

* And while we’re talking about Chicago…


* Also…


More here.

* Press release…

The Illinois Department of Transportation announced today that a series of improvement projects along Interstate 57 made possible by Gov. JB Pritzker’s historic Rebuild Illinois capital program have been completed, with another anticipated to wrap up later this year. The four projects, which involve repairing two bridges and resurfacing nearly 20 miles of interstate highway from Chicago through the south suburbs, represent a total investment of $82.1 million for the region. […]

Projects include:

    • I-57 from Steger Road, in University Park, to West County Line Road, in Peotone
    The $42.2 million project patched and resurfaced the 13-mile stretch of I-57, including the ramps, rest areas and weigh stations. New ADA-compliant sidewalk ramps were constructed at the rest areas and the weigh-in-motion (WIM) scale and Bluetooth sensors were upgraded. The project started in spring 2022 and was completed in December.
    • I-57 bridge over Interstate 80, in Country Club Hills
    The $5.2 million project repaired the bridge deck and structural steel and installed a new bridge deck overlay and approaches. The project started in spring 2022 and was completed in December, with landscaping to be finished this spring.
    • I-57 bridge over the Canadian National Railroad, in Matteson and Richton Park
    The $2.1 million project installed a new bridge deck overlay, replaced joints and repaired structural steel. The project started in spring 2022 and was completed in November.
    • I-57 from Interstate 294, in Posen, to Halsted Street (Illinois 1), in Chicago
    The $32.6 million project consists of patching and resurfacing the 7.6-mile stretch of I-57, along with replacing large overhead expressway signs. The project started in spring 2022 and is anticipated to be completed this fall.

* Press release…

After nearly three years of reduced operating hours due to the COVID-19 pandemic, the Illinois State Museum (ISM) is announcing that, effective today, its flagship facility in Springfield and its Dickson Mounds Museum in Lewistown will return to pre-pandemic operating hours.

Additionally, the Illinois State Museum flagship facility in Springfield and all its affiliated locations will continue to offer free admission.

“We are thrilled to announce this expansion of hours and continued free admission at the Illinois State Museum and Dickson Mounds,” said Natalie Phelps Finnie, director of the Illinois Department of Natural Resources, which oversees ISM operations. “These attractions are special places with a long history of delivering exciting, educational and affordable experiences for all visitors.”

The Museum’s downtown Springfield facility will now be open to visitors seven days a week from 9:30 a.m. to 4:30 p.m. Monday through Saturday and from noon to 4:30 p.m. on Sunday.
Dickson Mounds Museum in Lewistown will open seven days a week from 9:30 a.m. to 4:30 p.m., Monday through Sunday. ISM’s Lockport Gallery in Lockport will continue to operate five days a week. The location’s hours are 9 a.m. to 4:30 p.m. Tuesday through Saturday.

For more information on the Illinois State Museum’s location and hours, visitors can learn more at www.illinoisstatemuseum.org.

* Politico

If you are Rep. Kelly Cassidy, Playbook would like to know what you look for in a good central committee member. Email skapos@politico.com.

From my favorite group chat, here’s another ChatGPT request…

Please write a funny email in the form of an epic poem from Rep. Kelly Cassidy to Politico Playbook about what she looks for in a good central committee member.

Dear Politico Playbook, I write to you
With tales of what I look for in a crew
Of central committee members, brave and true
Their duties, many, their challenges few.

I search for ones with wit and tonque sharp
Who can recite the rules with nary a harp
And make decisions that won’t bring us harm
And put our party’s values at the forefront, arm in arm.

Ilook for ones who know how to communicate
And work well with others, it’s simply first-rate
For in a team, we rise and conquer all
With a united front. we’ll never fall.

But most of all, I seek a member bold
With a heart of gold and a story untold
Someone who laughs at life’s little quirks
And never fails to put forth their best in their work.

So if you know of someone who fits the bill
Send them my way, I promise I will
Welcome them to our central committee band
Where together, we’ll make our party stand!

Yours truly,
Rep. Kelly Cassidy

* Isabel’s roundup…

  25 Comments      


It’s just a bill

Wednesday, Feb 1, 2023 - Posted by Isabel Miller

* Chicago Tribune

State Rep. Debbie Meyers-Martin, D-Matteson, said the bill, introduced last month, would give county homeowners who are behind on property taxes and at risk of losing their homes a chance to keep their properties.

Her legislation, House Bill 1238, and corresponding legislation in the Senate introduced by Sen. Robert Peters, D-Chicago, would allow taxpayers the opportunity to catch up on delinquent tax bills, which Meyers-Martin said has been a big obstacle for homeowners in the south and southwest suburbs.

Under the current system, homeowners who want to avoid having their home sold for back taxes have to pay the full amount of taxes owed, plus interest and penalties, which can be a daunting challenge, Meyers-Martin said. […]

Her bill was introduced Jan. 18 in the House, and the Senate bill was introduced Jan. 20. For now, both bills are being evaluated in committee.

* Hmm…


* WTVO

A bill to make sure that patients know about changes to their medical records has been introduced in the Illinois state capitol.

Representative Dan Caulkins, the bill’s sponsor, said that some healthcare provider systems are filtering out information on changes to medical records. He said that the bill is also meant to make sure that patients have the most accurate version of their medical history.

“What we what we hope to accomplish here is to give the patients an opportunity, or the comfort of knowing that what they’re seeing in their medical record is the most current and up to date version,” Caulkins said.

The bill also makes sure that patients know if their records have been altered and why, including after their date of care.

* Rep. David Friess


* Colorado Newsline

In light of a rising number of mass shootings the country has seen in recent weeks, U.S. Rep. Diana DeGette, a Denver Democrat, and two Democratic colleagues put forward another push to ban the sale of high-capacity gun magazines nationwide.

The Keep Americans Safe Act would prohibit the sale of high-capacity magazines capable of holding more than 15 rounds to anyone other than law enforcement, according to a news release from DeGette’s office. Co-sponsored by Reps. Dina Titus of Nevada and Brad Schneider of Illinois, the bill comes after occurrence of more than 40 mass shootings in January, the most the country has ever seen in the first month of the year, according to DeGette.

  14 Comments      


Question of the day

Wednesday, Feb 1, 2023 - Posted by Rich Miller

* The House approved its new rules today. As I told subscribers this morning, this section of the old rules was deleted

Remote Participation and Voting in Session.

(a) On any session day through January 11, 2023, the House may adopt a motion to allow members to remotely participate and vote in session on any matter before the House that day, provided that at all times a quorum of members is physically present at the location of session.

Some limited remote committee participation will be allowed for members. Those who testify in committees will be allowed to do so if the technology is available. But no more remote floor voting. The Senate has kept its options open.

* The Question: Are you in favor of eliminating remote floor voting or should it have been kept? Take the poll and then explain your answer in comments, please.


  12 Comments      


Caption contest!

Wednesday, Feb 1, 2023 - Posted by Rich Miller

* Press release…

The Illinois Freedom Caucus today is announcing the addition of their newest member, State Representative Jed Davis (R-Newark) who was elected to the Statehouse in the 2022 election.

Representative Davis is a 5th generation resident of Kendall County. He married his high school sweetheart, Melissa, and together they have four children with one being adopted from foster care. Jed is a firm believer in local government and the freedom of local boards to direct the institutions they represent without overreach from state agencies or officials.

“Jed ran for State Representative because he is concerned about the direction of our state and because he wants to ensure his kids and grandchildren are not saddled with out-of-control debt and are not forced to comply with over-the-top government mandates,” said Illinois Freedom Caucus Chairman Chris Miller. “He is a man of integrity and someone who will fight for lower taxes, limited government, and stand up to the corruption that has become so pervasive in Illinois government. We are pleased to welcome Jed to the Freedom Caucus to help us stand up for Illinois families.

Davis said joining the Illinois Freedom Caucus was an easy decision.

“I ran on a platform of family, finances and freedom,” Davis said. “These are the values of the Illinois Freedom Caucus. We are fighting every day to improve the lives of Illinois families, to get our state finances in order, to lower the tax burden and preserve our Constitutional rights and freedoms. I did not get elected to get a title. I ran and won my elections to fight for the rights of families and to stand against government overreach. That is what being an Illinois Freedom Caucus member is all about.”

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

Accompanying pic…

* ILStateHouse.com explains the backdrop

This depiction of George Rogers Clark negotiating with Native Americans at Fort Kaskaskia in 1778 is the largest painting in the Capitol and is best viewed from the third floor. It was done by Gustav A. Fuchs, a German immigrant from Chicago, and completed in 1886. The painting measures 40 x 20 feet and has been criticized because the Indian culture portrayed was never found in Illinois.

  61 Comments      


FOP lashes out at politicians, but won’t say who they are

Wednesday, Feb 1, 2023 - Posted by Rich Miller

* Fox Illinois

Illinois Fraternal Order of Police (FOP) State Lodge President Chris Southwood issued the following statement regarding the police beating death of Tyre Nichols in Memphis.

    Tyre Nichols died at the hands of bad police officers. All good law enforcement officers are outraged and sickened by his brutal and senseless slaughter. But there are some politicians in Illinois who are using Nichols’ horrific death as another opportunity to bash all police officers, painting the thousands of good cops with the same brush as the five Memphis officers who murdered him. Would those same politicians sit by silently if they were accused of being felons simply because several of their fellow office-holders have been sent to prison?”

    Those politicians need to realize that the so-called police reform laws they passed in Illinois have driven many good potential and serving officers away from the law enforcement profession. Many departments in this state have had to lower their hiring standards since those laws were passed just to get enough officers on the street. No one wants to be a cop in a state that treats police like villains, and lower standards in one of the nation’s most stressful occupations is a certain recipe for disaster.

    Good cops hate bad cops. Don’t lump the good in with the bad. And don’t think that bad laws will produce good results.

I also received that statement from the group’s spokesperson.

Since the statement refers to the “so-called police reform laws they passed,” I figured the claim that the same politicians who were using the death to “bash all police officers” were state legislators. So, I reached out to the FOP and asked what specific politicians had made such statement.

No response.

So, I tried again.

No response.

* We already talked about the Illinois Legislative Black Caucus’ statement

“The release of police body camera footage makes clear what we already knew: the murder of 29-year-old Tyre Nichols was brutal and unjustified. Our deepest condolences are with his family and all those who knew and loved him. The police officers who beat this young man to death have no place in law enforcement, and were rightly dismissed. Still, this is not enough. These officers callously and viciously killed another human being, and Mr. Nichols’ family deserves justice. We know very clearly this is about more than a few bad apples.

“For the people who are angry, for the people who are sick of living in fear, we will always stand with you in the fight for justice. We are proud of the steps we have taken in Illinois, including restrictions on dangerous policing methods and closing prosecution loopholes in officer-involved killings, but we know there is still much more work to do.”

I guess maybe speaking to angry people and those living in fear could be twisted somehow into what the FOP was saying, but that seems like a real stretch.

* The Illinois House Progressive Caucus released a statement today…

The Illinois House Progressive Caucus today released the following statement on the death of Tyre Nichols in Memphis, TN:

“As we begin Black History Month and Tyre Nichols is laid to rest today, the Illinois House Progressive Caucus today stands with the Illinois Legislative Black Caucus in response to his senseless death at the hands of police officers in Memphis, TN.

We strongly condemn the outrageous actions of these now-former officers and call for accountability and justice for Mr. Nichols and his family. We have taken important steps in Illinois to ensure the law is enforced equally and fairly. But this case is clear evidence our work is only beginning.

We share these powerful words from the Illinois Legislative Black Caucus as we seek healing, accountability, and a recognition that we all are human beings who deserve much better.

‘The release of police body camera footage makes clear what we already knew: the murder of 29-year-old Tyre Nichols was brutal and unjustified. Our deepest condolences are with his family and all those who knew and loved him. The police officers who beat this young man to death have no place in law enforcement, and were rightly dismissed. Still, this is not enough. These officers callously and viciously killed another human being, and Mr. Nichols’ family deserves justice. We know very clearly this is about more than a few bad apples.

‘For the people who are angry, for the people who are sick of living in fear, we will always stand with you in the fight for justice. We are proud of the steps we have taken in Illinois, including restrictions on dangerous policing methods and closing prosecution loopholes in officer-involved killings, but we know there is still much more work to do.’”

So, I’m still waiting. Have any of y’all seen anything?

  39 Comments      


War of words heats up between DeVore and Caulkins

Wednesday, Feb 1, 2023 - Posted by Rich Miller

* As you may recall, Tom DeVore is attempting to intervene in a lawsuit filed by Rep. Dan Caulkins (R-Decatur) over the assault weapons ban. Cities 929, which was profiled by the Washington Post for its far-right bent, reached out to both DeVore and Caulkins

“What you can’t do is use campaign money for your own personal legal fees… if you’re gonna spend money on legal fees it has to be associated with your political activities, and this lawsuit that was filed by Mr. Caulkins, in his individual capacity, he can’t use campaign funds and you certainly can’t use that money to pay for some association that doesn’t exist,” said DeVore. “You can give it to Gun Saves Lives and National Rifle Associations because those are non-profit organizations.”

The Illinois Supreme Court recently weighed in on this topic

The Supreme Court affirmed the Illinois State Board of Elections decision that found Solis’ use of campaign funds to pay legal fees was a proper expenditure “incurred to defray the customary and reasonable expenses of an officeholder in connection with the performance of governmental and public service functions” in accordance with state law.

Rep. Caulkins could probably claim that his lawsuit has a “public service” function. But

Caulkins filed the lawsuit in his personal capacity outside of his official position and is the lead plaintiff.

* More from the story

Tom DeVore said six individuals felt misled by Dan and reached out to him and expressed that they were upset that they have been added to an association,Law-Abiding Gun Owners of Macon County,” that they have never heard of. So now, DeVore filed a request in that case for the judge to issue an order saying, ‘We are not members of this association and we are not plaintiffs in this case.’ […]

Caulkins also said his attorney has talked with Tom DeVore and Caulkins offered to pay Tom $5,000 for using his lawsuit arguments in his own lawsuit. Tom said he refused the money.

“He thinks he is smarter than anyone else,” said Caulkins. “We will see him in court.”‘

* The Illinois Freedom Caucus, of which Caulkins is a member, released this statement the other day, which not so subtly sides with Caulkins…

The Illinois Freedom Caucus today is issuing the following statement on the various lawsuits being filed to challenge the weapons ban legislation recently signed into law.

“Illinois, like the federal government, is comprised of three co-equal branches. The Legislative and Executive branch have the ability to enact legislation into law, but it is the job of the courts to be a check on the other two branches and to ensure the laws we have on the books are Constitutional.

To that end, the Illinois Freedom Caucus supports ALL legal challenges to this unconstitutional legislation. We are in unprecedented territory and now is the time to be united. We support and welcome all legal actions that could result in restoring our 2nd Amendment rights and putting our out of control government in check.

We support these lawsuits because upholding our Constitution is paramount. The idea that honest citizens must register their firearms with the state as a condition to exercising their 2nd Amendment rights is unconstitutional on its face. It is imperative for honest citizens to take a stand against this extreme law and that is what exactly what Illinois Freedom Caucus members are doing.”

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

…Adding… More from Rep. Caulkins in the full interview

I’ve tried to stay above board, take the high road. Tom just seems to keep wanting to pound away and pound away. I don’t know whether he misses the spotlight of running for Attorney General. I don’t know what’s wrong. […]

Now, this is a big money-making deal for Tom. He’s made almost $500,000 in the last month or so with these two lawsuits, and soon to be three lawsuits. And I don’t you know, I don’t understand, you know, why he thinks he needs to get involved in mine. […]

I’ve talked to him and I’ve corresponded with him. He is on a rampage. I don’t know why he won’t listen. He talked to our attorney yesterday, called the Attorney General’s Office, he’s making a mess of this. […]

He’s gotten on my Facebook page, and put up things that I think are probably derogatory. Well, they are derogatory. And defamatory? I don’t know, but I’m not interested in that. And I can’t talk to Tom. He has already made it perfectly clear that he’s on his own trail.

  40 Comments      


Asian American Caucus backing Rep. Olickal for state central committee

Wednesday, Feb 1, 2023 - Posted by Rich Miller

* Politico

Mike Cabonargi, the longtime Chicago Democratic insider and former Cook County Board of Review commissioner, is exiting the Democratic State Central Committee because he’s taking a job in the Biden administration. […]

Cabonargi, once an aide to Sen. Dick Durbin, stepped down from the state Democratic Party committee Sunday. Democrats have until Feb. 28 to replace him in a process that’s similar to how state representatives are chosen. Elected Democrats from the area represented by Congresswoman Jan Schakowsky’s 9th Congressional District will name Cabonargi’s successor.

Angling for the seat: Leo Smith, director of policy at Chicago CRED (Creating Real Economic Destiny) and husband of former state Sen Heather Steans, is a name that’s popped up.

And the Asian American Caucus is pushing for an Asian American to get the appointment. “Asian Americans are the fastest growing demographic in Illinois,” the group wrote in a letter to fellow Dems who will vote on Cabonargi’s replacement. Here’s the letter.

Population power: The caucus notes that the 9th District contains the largest Asian-American population of any congressional district in Illinois and that it helped flip three Illinois General Assembly seats from R to D in the past two cycles. “We deserve a seat at the table,” the group wrote.

Cabonargi won reelection to the state central committee, but lost his Board of Review seat (and his paying job) last year to fellow Democrat Samantha Steele.

* Not mentioned in the above story, for whatever reason, is that the Asian American Caucus is backing freshman state Rep. Kevin Olickal (D-Skokie) for the appointment

We support State Representative Kevin Olickal to be the first Asian American / Indian American State Central Committeeperson in Illinois.

    ● Kevin is a sitting State Representative in the 16th District. He represents a diverse district that is city and suburban, just like the 9th District.
    ● Kevin is a proven campaigner. He ran successful target races for the Illinois House Democrats. And he just won a very competitive primary.
    ● Kevin will represent the suburbs in a majority suburban district. He will help cover the district by balancing the 9th CD’s State Central Committee with the sitting city Committeewoman.
    ● Kevin can represent, recruit, and fundraise from a community that needs to be engaged more in the Democratic Party of Illinois.

Olickal defeated Rep. Denyse Wang Stoneback in the 2022 primary.

* Rep. Theresa Mah (D-Chicago) is one of the signatories. This is what she told me…

People are going to question Kevin’s qualifications because he’s a new state Rep, but if years in office is the criteria our entire community is at a structural disadvantage. There aren’t going to be many electeds to choose from. But as a collective, we bring a lot, and the job for Kevin is to represent all of us on that body. He is connected to Ram and Raja and all the fundraising potential in the South Asian community, me and the Chinese community, Sharon and the Korean community, Hoan and the Vietnamese community, Nabeela and the Muslim community, etc. Leo Smith is not in office and yes he (or Heather) has money but is it new money for the party? Is it a whole new population of voters? My hope is the committeepeople will vote for what’s good for the party and not the same old cronyism because that will be the party’s downfall.

State records show that Leo Smith has contributed $1.8 million since 1998 to various candidates and political committees.

  14 Comments      


Drivers who use Uber have the freedom to pursue their passions

Wednesday, Feb 1, 2023 - Posted by Advertising Department

[The following is a paid advertisement.]

Independent drivers across the U.S. are pursuing their dreams and passions.

They have the flexibility to earn and pursue their ambitions while investing time back into their family and communities.

Learn how drivers are using their time to make changes in life and on the roads.

  Comments Off      


Protected: SUBSCRIBERS ONLY - Supplement to today’s edition

Wednesday, Feb 1, 2023 - Posted by Rich Miller

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

Wednesday, Feb 1, 2023 - Posted by Rich Miller

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Isabel’s morning briefing

Wednesday, Feb 1, 2023 - Posted by Isabel Miller

* Here’s your morning roundup…

    * Daily Herald | U-46 Superintendent Sanders leaving district to become state superintendent of education: “I’ve always told our board of education that there’s only one job that I would ever consider leaving U-46 for, and that would be to be the state superintendent,” Sanders said. “To know that I was able to get it after a nationwide search is pretty incredible.”

    * Tribune | Illinois COVID-19 disaster declaration to end: These disaster declarations have allowed those states – including Republican-run Texas – to continue benefiting from COVID-era bumps in federal reimbursements for programs like Medicaid, additional benefits for those on food stamps and the ability to quickly deploy emergency workers to respond to areas in need, like hospitals with severely short staffing.

    * WCIA | Illinois House Republicans discuss reforms to budget-making process: “Illinois House Republicans are here to govern,” House Minority Leader Tony McCombie (R-Savanna), said. “We are here to give solutions. We want to help and are willing to share our ideas that address the budget shortcomings and provide tax reform policies that Illinois taxpayers and job creators need to stay in Illinois and need to grow in Illinois.”

    * Shaw Local | Some Illinois Valley gun owners speak in support of state weapon ban, ‘We can make it better’: Peru resident Chris Kelly is a retired iron worker and a veteran of the U.S. Marines who has lived in the region his entire life. He’s now the vice commander of Utica’s American Legion Post 731, and said he supports the recent legislation to ban certain semi-automatic weapons in Illinois.

    * Bloomberg Law | Illinois Paid Leave Brings a Twist to Expanding Sick Time Laws: “The mandatory paid time off laws are an interesting twist,” she said, noting measures like the Illinois legislation raise employer concerns about possible abuses. “The time can be used for any reasons, but that time appears to still have job protections attached to it that a paid sick time law would have.”

    * Chicago Mag | The Computer That Will Change Everything: Eight years in the making, Aurora, a powerful new machine at Argonne National Laboratory, could help solve some of the most pressing questions of our time. Welcome to the new era of supercomputing.

    * Tribune | Protesters disrupt Chicago mayoral forum as candidates exchange personal attacks: A group of demonstrators chanted against Cook County Commissioner Brandon Johnson, who joked during the live broadcast that he must be doing something right if he isn’t mayor yet but already drawing protests. Mayor Lori Lightfoot, meanwhile, stood up for Johnson, saying he “has a right to talk without interruption.”

    * AP | Republicans set to oust Rep. Omar from Foreign Affairs panel: House Speaker Kevin McCarthy has been eager to flex Republican power to remove the Minnesota Democrat after he blocked two other Democrats, Rep. Adam Schiff and Rep. Eric Swalwell, from rejoining the House Intelligence Committee once the GOP took control of the chamber in the new Congress.

    * Tribune | Lake County vigil raises awareness about human trafficking: Lake County State’s Attorney Eric Rinehart and Pat Davenport of Mundelein, chief executive officer of A Safe Place, opened the program. “We need all hands on deck,” Rinehart said. “We’re not only talking about sex offenses or sex trafficking, but also labor trafficking; and we know that labor trafficking is also very hidden in a lot of our underserved communities.

    * Center Square | Invest in Kids program slated to end in 2023: Illinois’ only scholarship-based school choice program is in peril unless lawmakers take action. The Invest in Kids program, which is funded by charitable donations, will expire at the end of the year unless it is extended by lawmakers.

    * WILL | What effect is Illinois’ rising minimum wage actually having?: To discuss these questions and more, The 21st was joined by the CEOs of the Illinois Retail Merchants Association and the Shriver Center on Poverty Law, as well as a worker who has been part of the Fight for 15 movement.

    * Capitol News Illinois | Gun lawsuit restraining order remains in place: In a 2-1 ruling, the justices said plaintiffs in the case made a plausible argument that the law violates their rights to equal protection under the law. Under the law, some categories of people – active and retired law enforcement officers, correctional officers and military personnel on active duty, for example – may purchase and possess those weapons. Other groups, such as retired military personnel or those who are not on active duty, are barred from obtaining assault-style weapons after Jan. 1, 2024.

    * Tribune | Illinois appellate court allows temporary hold on state gun ban to stay in place for plaintiffs in lawsuit: An Illinois appellate court on Tuesday upheld a downstate judge’s decision to temporarily block Illinois’ recently enacted ban on high-powered weapons and high-capacity magazines from being enforced on more than 850 people and a handful of licensed gun dealers named as plaintiffs in a lawsuit challenging the ban.

    * Eliot Clay | Clean, affordable, reliable energy is best for state’s future: Investing in new and more reliable transmission infrastructure will generate jobs, which means more economic growth for communities. The proof is in the numbers — nearly 120,000 people work in Illinois’ clean power industry. Besides that, manufacturers support clean energy technology and build much of that technology in the state. Illinois needs to add renewables to the energy sector since American manufacturers consume one-third of all U.S. energy. The industry created new technologies that make energy more affordable and reliable.

    * Axios | New AI tool instantly analyzes police bodycam footage: A small but growing number of police departments are using a new AI system that analyzes officers’ bodycam footage and flags problematic encounters — as well as commendable ones. Police departments may be more likely to seek out such tools after five Memphis Police Department officers were charged with second-degree murder and other crimes in the death of Tyre Nichols.

    * C BS Chicago | United Center concession workers vote to authorize strike: After last night’s Bulls’ game, they authorized a possible strike with a 98 percent yes vote. […] The union wants affordable healthcare, better wages, and benefits.

    * NYT | Vaccine Makers Kept $1.4 Billion in Prepayments for Canceled Covid Shots for the World’s Poor: Gavi, the international immunization organization that bought the shots on behalf of the global Covid vaccination program, Covax, has said little publicly about the costs of canceling the orders. But Gavi financial documents show the organization has been trying to stanch the financial damage. If it cannot strike a more favorable agreement with another company, Johnson & Johnson, it could have to pay still more.

    * Tribune | For the first time, jazz musician Roscoe Mitchell takes center stage as a painter : Mitchell, 82, is among the most influential living musicians in the free-jazz firmament, famed for his work with the Association for the Advancement of Creative Musicians and the Art Ensemble of Chicago, an AACM outgrowth he cofounded. Mitchell’s first forays into painting coincided with his first footholds in Chicago’s creative music scene in the early 1960s. Those artistic practices might have continued in tandem, had Mitchell not walked away from painting in the 1970s to focus on music.

    * NBC Chicago | From Wilmette to Gurnee, More Chicago-Area Bed, Bath & Beyond Stores To Close: The running list of stores totals more than 100 nationwide, including 15 in Illinois. Of those, more than half are located in the Chicago area, with closures now reported at stores in Wilmette, Forest Park, Crystal Lake, Geneva and Chicago Ridge.

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Wednesday, Feb 1, 2023 - Posted by Isabel Miller

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* RETAIL: Strengthening Communities Across Illinois
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* SB 328: Separating Lies From Truth
* Campaign news: Big Raja money; Benton over-shares; Rashid's large cash pile; Jeffries to speak at IDCCA brunch
* Rep. Hoan Huynh jumps into packed race for Schakowsky’s seat (Updated)
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* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
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