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Wednesday, Dec 15, 2021 - Posted by Rich Miller

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Unclear on the concept

Wednesday, Dec 15, 2021 - Posted by Rich Miller

* Center Square loves to normalize and highlight the outliers

State Rep. Adam Niemerg, a Republican, has been against the continuance of the mask mandate and said that other options should be considered.

“As usual, the Governors’s only answer is to shut down businesses, mask our children, vaccination, vaccination,” Niemerg said. “We need to actually examine what we are doing, remove political theatre from these decisions and give Illinoisans a clear path to combatting this virus.”

…Adding… Good points in comments, including…

If the Eastern Bloc had to “remove political theatre” they would have nothing left.

  63 Comments      


Question of the day: 2021 Golden Horseshoe Awards

Wednesday, Dec 15, 2021 - Posted by Rich Miller

* The 2021 Golden Horseshoe Award for Best House Democrat goes to House Speaker Chris Welch

Speaker Welch deserves the award this year for the historical appointment and navigating the House through a monster session on several policy fronts. The writer of this blog said Welch’s handling of the energy bill was a “spectacular” accomplishment. Greg Harris has had a magnificent career and deserves an honorary mention; but this award goes to the best House Democrat in 2021. That has to be Welch for exceeding beyond all beliefs and keeping it all together.

I was pretty much ready to hand it to Greg Harris until I saw that nomination. The person is right on both counts.

* The 2021 Golden Horseshoe Award for Best House Republican goes to Rep. Seth Lewis

A reasonable guy who votes his district, even when it means breaking with most of his caucus. Hope he continues his approach when he moves over to the Senate.

I was super hesitant to go with a freshman, in his first year no less. But he received some strong nominations and I asked folks in both parties for their opinions and decided what the heck. There will be a lifetime achievement award for each party, so maybe the Batman and Leader Harris will win those.

* On to today’s categories…

Best Senate Democrat

Best Senate Republican

Do your best to vote in both categories and make sure to explain your votes or they won’t count. Thanks.

  57 Comments      


COVID-19 roundup

Wednesday, Dec 15, 2021 - Posted by Rich Miller

* Hospitalizations dropped a tiny bit yesterday compared to the day before, but one day does not a trend make. Lots of things could explain that. Still, it’s something.

* It’s been a year

More than 18 million doses later, the Illinois Department of Public Health (IDPH) is recognizing the one-year anniversary of the first COVID-19 vaccines administered in Illinois. On December 15, 2020, roughly 450 doses of Pfizer-BioNTech’s COVID-19 vaccine were administered to health care workers after being delivered to the state the day before.

IDPH and the Illinois Emergency Management Agency have partnered with communities to host more than 5,600 vaccination clinics around the state, including 1,400 youth-school clinics and approximately 1,900 equity-based clinics. Another 870 events have already been scheduled.

“One year and 18 million doses later, the COVID-19 vaccine has saved countless lives across Illinois,” said Governor JB Pritzker. “I am incredibly grateful for the scientists, researchers and public health professionals who made this historic effort possible, allowing us to reunite with loved ones, return to small businesses, and engage with our communities once again. As we recognize the progress we’ve made, I urge all eligible Illinoisans to receive their vaccine or booster and protect themselves and their families this holiday season.”

* Tribune

A federal appeals court has refused to prohibit United Airlines from putting unvaccinated employees on unpaid leave while a case challenging the airline’s COVID-19 vaccine mandate makes its way through court.

In a divided ruling, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit rejected the bid Monday from employees challenging the Chicago-based airline’s policy on religious grounds. Employees allege the airline’s plans to put those who received religious exemptions on unpaid leave violates federal civil rights law.

* Seems to go against the seasonal argument

Phoenix-based Banner Health is at its most overwhelmed since the pandemic began, leading the company’s officials to issue a warning Tuesday that its hospital system may have to eventually choose who can receive care.

Some of Banner’s hospitals in one of Arizona’s largest health care systems are operating above 100% capacity, said Dr. Marjorie Bessel, the company’s chief clinical officer.

COVID-19 hospitalizations make up one-third of Banner’s hospital patients but there there is also an extremely high volume of patients who delayed preventative care or are in the late stages of an illness, she said.

The company has 18 hospitals in Arizona. As of Tuesday, 10 of them were running above 100% of their ICU staffed bed capacity. Five of them were operating 100% above staffed in-patient bed capacity, according to spokesman Corey Schubert.

* Oof

The prevalence of omicron jumped sevenfold in a single week, according to the CDC, and at such a pace, the highly mutated variant of the coronavirus could ratchet up pressure on a health system already strained in many places as the delta variant continues its own surge. […]

Officials stress that early data shows that individuals who are fully vaccinated and received a booster shot remain largely protected against severe illness and death from omicron. But they worry about how few Americans have been boosted to date. Over 55 million people in the United States have gotten the additional shots, out of 200 million who are fully vaccinated, according to the CDC.

The newest modeling scenarios have been shared among senior administration officials as they discuss politically fraught decisions about how, when and whether to take new steps to suppress the virus and keep hospitals from being overwhelmed.

The second scenario outlines a smaller omicron surge in the spring. It’s unclear which scenario is more likely. The modeling was done by experts tapped by CDC Director Rochelle Walensky in August to deliver real-time outbreak forecasting and analytics. The experts work with other teams inside and outside the government.

Also, just because they’ve found a suburban omicron case in Illinois doesn’t mean it has just arrived. Our surveillance ain’t great.

* Tribune

Chicago Public Schools says it will distribute about 150,000 take-home COVID-19 test kits this week to 309 schools in communities hit hard by the pandemic.

The news comes after CPS reported its highest weekly COVID-19 case count last week — 768 students and 251 adults. The district also reported its highest daily case count on Monday — 225 students and 59 adults. Last month CPS was recording about 300 to 400 total cases a week.

Schools picked to receive test kits are said to be in neighborhoods designated high risk for COVID-19, or they are elementary schools in neighborhoods deemed medium risk. Families who receive the kits are “strongly encouraged” to test students Dec. 28 and drop the sample at their nearest FedEx Drop Box that day.

  13 Comments      


State takes “massive step forward” toward selling the Thompson Center

Wednesday, Dec 15, 2021 - Posted by Rich Miller

* Press release…

Governor JB Pritzker today announced the selection of a proposer for the sale of the James R. Thompson Center (JRTC). After a competitive Request for Proposal (RFP) process to select a purchaser for the JRTC, the State plans to enter into exclusive negotiations with JRTC Holdings, LLC for the purposes of acquiring and redeveloping the site located at 100 West Randolph Street.

Following the evaluation of submitted proposals, the State elected to move forward with a public-private partnership structure, which includes:

    • An up-front payment of $70 million to the State for the purchase of the property
    • The selected purchaser preserving and substantially renovating the JRTC
    • The State purchasing and occupying approximately 425,000 sq ft of newly renovated, Class-A office space at the JRTC
    • The State will save approximately $20 million a year for the next 30 years through operating cost reductions and lease consolidations alone.
    • The redevelopment of the JRTC is expected to result in thousands of new construction jobs, new tax revenues for Cook County, the City of Chicago, and its sister agencies, while maintaining thousands of jobs and operations with heavy public interactions in the LaSalle Street corridor

“Today I’m proud to announce that for the first time, we’re taking a massive step forward with a plan that will result in the sale of the Thompson Center and that will save taxpayers $800 million,” said Governor JB Pritzker. “I came into office with a promise to manage state government resources more efficiently and to support local governments. By returning vital real estate in downtown Chicago to private ownership, tens of millions in revenue will be generated for Chicago Public Schools and for property taxpayers. This is a new era of responsible governance for Illinois – one that protects our taxpayers, and fosters the jobs and opportunities that working families deserve.”

From the beginning of the Pritzker administration, the Department of Central Management Services (CMS) not only prioritized completing the long-anticipated sale of the JRTC and the timely relocation of State offices and employees, it also focused on the realignment of the State’s real estate portfolio and looked for consolidation opportunities to maximize space utilization in state-owned and leased properties. This effort to identify opportunities for efficiency improvements, space consolidation and the cost avoidance of deferred maintenance repairs will result in over $800 million in taxpayer savings.

“The State can no longer afford to support unsustainable costs for the maintenance and operation of the JRTC or delay its disposition,” said Director of CMS Janel L. Forde. “This strategic public-private partnership allows us to retain a smaller presence in the property while partnering with an established development team to transfer significant financial risk and responsibility for the much-needed capital improvements at the JRTC to a third-party.”

* Renderings and other stuff…


…Adding… Lots more at Crain’s, including high resolution pics. Click here.

  36 Comments      


More state R3 grants announced

Wednesday, Dec 15, 2021 - Posted by Rich Miller

* Press release…

Governor JB Pritzker and Lt. Governor Julianna Stratton today announced $45 million in Restore, Reinvest, and Renew (R3) program funding to support community organizations that serve neighborhoods most impacted by economic disinvestment, violence, and the war on drugs. Managed by the Illinois Criminal Justice Information Authority (ICJIA), this latest round of grants is making $40.5 million available for organizations that provide services within the five priority funding areas: civil legal aid, economic development, re-entry from the criminal justice system, violence prevention, and youth development. Additionally, $4.5 million is available for capacity-building grants to help small organizations expand.

Organizations interested in applying for funding can review the Notice of Funding Opportunity (NOFO) at R3.Illinois.gov.

“As we launch applications for the second round of R3 grants, I know our recipients will keep transforming lives with their work, and in turn transform our cities and state. Because when we reinvest in the potential of our people, we invite the economic activity that creates resiliency,” said Governor JB Pritzker. “When we renew hope in communities historically left out, we inspire the next generation to pursue a brighter future. And in public service, that is our obligation.”

Created by the Cannabis Regulation and Tax Act which Governor Pritzker signed into law in 2019, the R3 program is funded using 25% of adult-use cannabis tax revenue. R3 is a key component of the Pritzker-Stratton administration’s commitment to equity and repairing the severe harms caused by the failed war on drugs, which disproportionately hurt communities of color.

“R3 epitomizes one of the key tenets of restorative justice, that the wisdom is in the room,” said Lieutenant Governor Juliana Stratton. “Solutions to the challenges that our neighborhoods face can be found in those very communities, and R3 seeks to invest in organizations that have the closest ties to the communities they serve.”

Areas eligible for funding were identified using community-level data on gun injury, child poverty, unemployment, and state prison commitments and returns, combined with disproportionately impacted areas identified by the Illinois Department of Commerce and Economic Opportunity (DCEO).

Of the available funds, 75% will be dedicated to organizations that have been in operation for less than five years or have a budget of less than $2 million. To improve small organizations’ access to state funds, ICJIA offers an online, self-guided technical assistance course. ICJIA will also offer several online webinars to provide guidance about specific components of the application for R3 funds. For more information about technical assistance opportunities, visit R3.illinois.gov.

* The Sun-Times did a story on these sorts of programs earlier in the month. Here’s an excerpt

One grantee, Derek Brown, grew up in North Lawndale during the height of the crack epidemic, charting an all-too-familiar course for kids raised on Chicago’s South and West sides. Nicknamed “Shotgun” earlier in his life, Brown said he joined the Vice Lords when he was 13, went to the penitentiary at 17 and was shot two years later.

Brown, 45, said he eventually had an epiphany in 2009 as he sat watching a group of kids “going down the same destructive path.”

“Those babies were doing the same thing that I was doing,” he said, “and I had to do something.”

So he started Boxing Out Negativity, a boxing program that operates out of a gym near 16th Street and Pulaski Road and aims to “empower at-risk youth to realize the best within themselves in a safe and supportive environment,” according to its mission statement.

In July, Brown’s program was among 21 organizations that received $3.5 million in R3 grants to combat the historical uptick in violence during the summer months.

Brown said his organization used the nearly $200,000 it received for gang intervention efforts in North Lawndale that were “bigger than the boxing program.” The work was much needed: city data shows the neighborhood has seen at least 43 homicides so far this year, up from 39 all of last year and 23 in 2019.

Brown noted that his team helped mediate more than 100 conflicts, including a longstanding beef between gang factions that ultimately reached a treaty. A mental health specialist also held weekly appointments and business owners offered some kids job opportunities, he said.

Go read the rest.

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State’s school readiness test questioned

Wednesday, Dec 15, 2021 - Posted by Rich Miller

* Madhu Krishnamurthy at the Daily Herald

Thirty-seven Illinois state lawmakers are asking the state education board to apply due diligence before voting on a new, multimillion-dollar standardized testing system.

In a letter to the Illinois State Board of Education, lawmakers question a $228 million proposal to replace the annual Illinois Assessment of Readiness, which tests students’ math and reading proficiency in third through eighth grades each spring, with an assessment that would be taken three times a year. The proposal includes optional testing for students in kindergarten through second grade three times yearly.

State Superintendent Carmen Ayala brought the proposal to the state board in April as part of her goal to overhaul the state’s standardized testing system. But a final vote has been pushed back. Some educators believe testing students multiple times during a school year is a better measure of growth and progress than a one-time test.

Lawmakers have raised concerns about over-testing students, particularly in low-income Black and brown communities, and expanding testing to the early grades. Their letter will be delivered to Ayala and the board ahead of its Wednesday meeting.

The full letter is here.

* Center Square

The Illinois Assessment of Readiness Test that Illinois school districts give every spring is a mandate that takes up valuable classroom time, said Mark Klaisner, president of the Illinois Association of Regional Superintendents of Schools. Illinois is obligated to give a standard state-wide test because Illinois schools depend on the $1 billion in federal funding that goes with it. […]

“You can’t just not have a test because Illinois does not want to sacrifice that money. We should get better – not just eliminate the test,” Klaisner said.

Illinois State Schools Superintendent Carmen Ayala has been advocating for a new approach and a better statewide assessment package for years.

Testing gives teachers data to evaluate how each student is learning, Klaisner said. Some kids may already be ahead of the curve and need a more challenging curriculum. Some children may be behind. When the teacher finds that out, the teacher can pivot and make sure that the children who need to catch up can do that.

“WIthout good assessment data, it’s hard to know when to support struggling learners or whether to accelerate those who have already mastered the standards for that particular grade level,” Klaisner said.

The way Illinois testing is done now, the state-wide standardized test happens in March. In some districts, testing disrupts classroom routine for two weeks – a drain on time that teachers resent. The results don’t come back until the summer. By the time the data is distributed and evaluated, the student has moved on to the next grade.

“It’s almost borderline ridiculous,” Klaisner said. “What we really need is streamlined testing that is more useful,” he said.

Thoughts?

* Related…

* K-12 education panel to lawmakers: Increase annual spending to $527 million, not $300 million

* New program aimed at addressing shortage of early childhood workers

  29 Comments      


After years of perserverance, midwives will finally be a licensed profession

Wednesday, Dec 15, 2021 - Posted by Rich Miller

* Rachel Hinton

llinois moved closer to allowing midwifery to be a licensed profession on Tuesday under legislation signed into law by Gov. J.B. Pritzker that he and others hoped would save lives.

“Reproductive health is not one size fits all,” Pritzker said. “Whether it’s an expectant mother with a preexisting condition, or a woman looking for culturally informed care, these deeply personal needs and procedures require comprehensive options.”

Those options will now include midwives after the bill goes into effect in October.

Certified nurse-midwives provide women with primary health care, including gynecological exams, delivering babies and prenatal and postnatal care, according to the Illinois Affiliate of the American College of Nurse-Midwives.

The legislation Pritzker signed into law Tuesday allows for midwives to go through a newly created licensing process to provide care before, during and after delivery that can be “life saving,” Pritzker said.

I know people who’ve waited for this day for a very long time. I’m happy for them.

* Fox 32

Currently, only midwives with nursing degrees can practice in Illinois.

The legislation states that a person must be certified by the North American Registry of Midwives (NARM) and requires completion of an accredited postsecondary midwifery education program in order to be licensed to perform out-of-hospital births.

Those who have been accredited by NARM but have not completed the necessary education program can still be licensed if they have practiced as a certified professional midwife for more than three years and hold other certifications. […]

The bill goes into effect Oct. 1, 2022.

GOP Rep. CD Davidsmeyer and Democratic Sen. Julie Morrison were the only “No” votes.

  9 Comments      


*** UPDATED x1 *** No replacement yet for LIG Pope

Wednesday, Dec 15, 2021 - Posted by Rich Miller

* This doesn’t mean a whole lot in the real world unless they leave the position vacant for an inordinate period. But it’s definitely a bad look. Center Square

Another vacancy in the office that oversees state lawmakers means complaints won’t be investigated until the position is filled.

Legislative Inspector General Carol Pope is the most recent inspector to resign from the position. She gave notice six months ago, calling the office a “paper tiger.”

In a letter to members of the bipartisan Illinois Legislative Ethics Commission in July, Pope said she hoped to make a difference from the inside and improve the public’s view of the legislature by bringing true ethics reforms.

“Unfortunately, I have not been able to do so,” Pope said. “This last legislative session [in the spring] demonstrated true ethics reform is not a priority. The LIG has no real power to effect change or shine a light on ethics violations, the position is essentially a paper tiger.”

Her departure date is Dec. 15. She was approved for the job in 2019.

State Sen. Jil Tracy, R-Quincy, who chairs the Legislative Ethics Commission, said it’s troubling they can’t keep a watchdog in place.

“They’ve made it very clear that subpoena power is important, that their ability to investigate without getting permission from the commission would be very important,” Tracy told The Center Square on Tuesday. “I know I’ve been part of legislative initiatives filed to do just that and they’ve not gone anywhere, they’ve not gone through the legislative process, and so these inspector generals quit out of frustration.”

The commission meets Thursday where a nominee to replace Pope could be considered. But, the full General Assembly wouldn’t be able to approve anything until they return early next month at the earliest.

The most recent quarterly report issued at the end of September indicated there were 34 allegations received to the LIG, where six investigations were initiated. The total number of allegations referred by the LIG to any law enforcement agency was four. The total number of allegations referred to another investigatory body was five.

*** UPDATE *** I reached out to Sen. Jil Tracy, who co-chairs the Legislative Ethics Commission. Sen. Tracy said she spoke to LIG Pope yesterday, who said she doesn’t want to see the office vacant.

“I think she and staff will hang on through January 6,” Tracy said.

  3 Comments      


The Jesse White primary

Wednesday, Dec 15, 2021 - Posted by Rich Miller

* Buried in today’s Tribune article about yesterday’s Cook County Democratic Party slating was this nugget

West Side Ald. Walter Burnett, 27th, a member of the committee and a longtime ally of [Secretary of State Jesse] White’s, told slatemakers that the incumbent would issue his endorsement in the race next month.

Anything you’d like to say to Secretary White? Speak now or forever hold your peace.

  35 Comments      


Sen. Bush won’t run again; Cannabis Czar Hutchinson leaving administration

Wednesday, Dec 15, 2021 - Posted by Rich Miller

* I am really going to miss her…

Today, State Senator Melinda Bush announced she will not seek re-election to the Illinois State Senate. First elected in 2012, Senator Bush has built an unparalleled record of fighting for women’s rights and equality in Illinois, from enshrining women’s reproductive health rights into law to passing strict anti-harassment protections and advancing women running for elected office at all levels of government.

“Serving the residents of the 31st District for the last nine years has been the honor of my life. It’s not a place I ever expected to be, but I’m so grateful to all of the amazing people I’ve met as I have traveled across our district and our state working to make Illinois a better place for all who call it home,” said State Senator Melinda Bush. “I’m immensely proud to have helped advance policies that have moved our state forward: making Illinois the most pro-choice state in America; passing landmark legislation to make Illinois a global leader in the fight against climate change; changing the way our state funds education to ensure all students, regardless of zip code or economic status, receive a quality education; and so much more. While I will not be seeking re-election, I will remain an engaged voice on behalf of my community and am committed to lifting up the voices of women throughout Illinois.”

Senator Bush has successfully championed women’s rights and equality throughout her time in office. She was the chief sponsor of the Reproductive Health Act in 2019, which ensures abortion will remain legal in Illinois if Roe vs. Wade is overturned at a time as states across the country continue to enact restrictive abortion policies. She also led efforts to ratify the Equal Rights Amendment in Illinois, an important step toward bringing equal justice to women.

At the height of the #MeToo movement, Senator Bush chaired the bipartisan Senate Task Force on Sexual Discrimination and Harassment Awareness and Prevention. The task force resulted in the passage of some of the strictest sexual harassment and discrimination protections in the country, keeping Illinoisans safe for decades to come and fundamentally changing both the way the legislature and private businesses operate in the state of Illinois. As a member of the Anti-Harassment, Equality and Access Panel, Senator Bush traveled across Illinois and heard women tell their stories about sexual harassment, discrimination, and the way political parties excluded them from the process. As a result, she started the Lake County Democratic Women, which has trained, supported and funded more than 45 Lake County women at the state and local level in the last five years.

Senator Bush has also built a long record of advocating for environmental justice, fighting to combat the opioid crisis and standing up for Lake County citizens and their communities. She’s sponsored critical legislation, including:

    • The Lead Service Line Replacement and Notification Act, landmark legislation to replace the state’s lead pipes and ensure clean drinking water for our children
    • The nation-leading Clean Energy Jobs Act to ensure Illinois achieves 100% renewable energy by 2050
    • Numerous pieces of legislation to address the opioid crisis, expanding access to the life-saving heroin antidote Naloxone, strengthening prescription monitoring to prevent the over-prescription of opioids, and providing resources and treatment options to those struggling with substance abuse
    • Legislation to bring millions of dollars in infrastructure funding to the 31st district

“Of all our accomplishments, I am most proud of the work that my team and I have done in our 31st District communities. From day one, we wanted to provide the best services and assistance to those we represented, and I sincerely believe we have done just that,” added Senator Bush. “When I first went to Springfield, I used to carry a frog necklace in my pocket to represent the old adage about a boiled frog, reminding me to be hyper-aware of how your environment can change you. I’m confident that during my time in office, I’ve been able to stay true to my ideals and values as we’ve worked to make life better for thousands of Lake County families.”

Senator Bush was born and raised in Lake County. Prior to running for Senate, she was a small business owner and a Lake County Board Member. She lives in Grayslake with her husband Andy.

* Ditto for her…

Today, the Marijuana Policy Project announced that Toi Hutchinson will join the organization as its new president and CEO. Hutchinson, a former Illinois state senator, most recently served as senior advisor to Illinois Governor J.B. Pritzker on cannabis legalization implementation.

For the past year, MPP Executive Director Steven Hawkins has led both MPP and the United States Cannabis Council (USCC). Hawkins will now exclusively focus his efforts on federal cannabis reform at USCC. MPP will remain a member of USCC and continue to share staff, board members, and resources.

“Toi’s unique resume is perfectly suited to lead MPP as we finish our reform work state-by-state across the country,” said MPP Board Chairman Sal Pace. “Toi worked alongside MPP as one of the initial authors of the Illinois adult-use cannabis legislation to ensure that the law contained a strong social justice framework that included decriminalization in addition to legalization. MPP has always been focused not only on legalization but also on doing it right and ending the war on drugs.”

“I am proud of what we have accomplished at MPP and look forward to working alongside Toi in the fight to end cannabis prohibition,” said Steven Hawkins, president and CEO of USCC. “MPP played a pivotal role in incubating USCC, and we are now taking that work to the next level. Toi is an incredible leader, and I know that our organizations will work tirelessly to advance our shared goals.”

“The MPP Board is thrilled with the work Steve accomplished during his four-year tenure. These past four years have been the most productive years yet for marijuana reform. MPP will continue to work with Steve as a member organization of USCC, including continuing to share some staff between the two organizations,” said Sal Pace, MPP Board Chair.

“I’m pleased to be joining the team at MPP, where I will continue my years-long effort to develop and support cannabis legalization legislation that centers on equity and repairing the harms of the past,” said Toi Hutchinson. “We are incredibly proud of the hard work and lessons learned in Illinois, standing up programs to invest in equity entrepreneurs, reinvesting in communities, and clearing hundreds of thousands of arrests and criminal records.

“Steve Hawkins’ work at MPP was stellar, and I look forward to working with him in his new capacity along with legislators and partners across the country to advance the goals and mission of MPP by harnessing our collective power to advocate for changes to federal cannabis policies.”

In addition to her position as senior advisor to Illinois Governor J.B. Pritzker, Toi also served as an Illinois state senator and an attorney at the law firm of Chapman and Cutler. She earned a bachelor’s degree in Liberal Arts and Sciences (English) from the University of Illinois and a Juris Doctor from Northern Illinois University College of Law.

Toi is a member of the Chicago Federation of Women, the Illinois Women’s Institute for Leadership, Links, International, and Alpha Kappa Alpha Sorority, Inc.

Since MPP was founded in 1995, it has spearheaded most of the major state-level reforms that have occurred over the past two decades.

MPP played a leading role in 10 of the 18 adult-use legalization laws, starting with the historic 2012 Amendment 64 initiative in Colorado, which was the first state to legalize cannabis for adults. MPP also led the coalitions that passed initiatives to legalize and regulate cannabis in Alaska, Maine, Massachusetts, Nevada, Michigan, and Montana between 2014 and 2021.

In addition to managing ballot initiative campaigns, MPP has also enacted numerous policies by passing laws through state legislatures. MPP spearheaded the advocacy campaigns that made Vermont and Illinois the first two states to legalize cannabis for adults through the legislative process and played a critical role in enacting the most recent legalization law to pass via state legislature—in Connecticut earlier this year.

…Adding… Terry Cosgrove…

Filling the shoes of Senator Melinda Bush will be close to impossible. Elected and re-elected from a district that was never considered “safe,” Bush fought for what she believed in time after time, knew standing up for what was right and just, being unafraid to tell people why she took the positions she did, was not only good policy, but good politics. The Illinois General Assembly is losing a pro-choice hero, a champion of justice, and one of the greatest examples of what the people of this state deserve in an elected official. Thank you Senator Bush for staying in the fight with us in the years to come as we will need you more than ever!

  16 Comments      


Open thread

Wednesday, Dec 15, 2021 - Posted by Rich Miller

* Anything bugging you today?

  23 Comments      


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

Wednesday, Dec 15, 2021 - Posted by Rich Miller

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*** LIVE COVERAGE ***

Wednesday, Dec 15, 2021 - Posted by Rich Miller

* Follow along with ScribbleLive


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Durkin introduces organized theft bill while blasting Pritzker, but IRMA says it’s working on a more comprehensive approach

Tuesday, Dec 14, 2021 - Posted by Rich Miller

* Press release…

As “smash-and-grab” robberies continue to terrorize consumers and retailers, House Republican Leader Jim Durkin (R-Western Springs) has filed legislation targeting the organized theft rings behind these headline-grabbing crimes.

“Smash-and-grab retail theft has become disturbingly commonplace and these criminals are only becoming more brazen,” said Durkin. “These crimes have many victims, from the people who own and operate these stores, to their employees and customers. We cannot let this stand. These criminals are sophisticated and organized like the street gangs that terrorize our communities and must be treated the same.”

Retailers, from small mom and pop stores to large companies, lost between $3.7 and $4 billion worth of merchandise to retail theft in Illinois alone last year, according to a recent report from the Illinois Retail Merchants Association. Additionally, billions in stolen goods means the state loses out on millions in sales tax revenue. These thieves are not reselling on street corners or out of car trunks, but through anonymous online marketplaces.

Durkin’s legislation, House Bill 4275, creates the crime of organized retail theft, a felony punishable by up to 15 years in jail if the value of the stolen goods is more than the state’s current felony threshold of $300.

Under Durkin’s proposal, a person commits organized retail theft when they:

    • Work with one or more people to steal merchandise with the intent of selling or returning the merchandise for profit.
    • Work with two or more people to receive, purchase or possess merchandise they believe to be stolen.
    • Act as an agent of another individual or group of individuals to steal merchandise from one or more merchant’s premises as part of an organized plan to commit theft.
    • Recruit, coordinate, organize, supervise, direct, manage or finance another person to undertake any of these actions.

Durkin’s legislation also allows for organized retail theft to be charged in one of several locations. Charges can be brought either where the theft took place, where the merchandise was recovered, or where stolen merchandise was resold. For instance, if a store on Michigan Avenue was robbed, but the organized crime ring attempted to sell the stolen goods in DuPage County, the crime could be charged in Cook or DuPage County.

“States Attorney Foxx and Governor Pritzker continue to coddle criminals and disregard the victims of their crimes. It is time we reset our criminal justice system and hold those who disregard our laws accountable. Our citizens and our merchants are desperate for action,” said Durkin.

* I asked for a response from Rob Karr, the president & CEO of the Illinois Retail Merchants Association…

While we appreciate Leader Durkin’s continued support of the retail community as well as his efforts to ensure retailers can continue to operate safely in Illinois, we are in need of policies that best addresses the many complexities of organized retail crime. To that end, we will soon be unveiling a proposal that advocates for comprehensive solutions. With profits from organized retail crime driving other illicit activities such as illegal firearms purchases, human trafficking, and in worst cases terrorism, as well as eroding sales tax revenues and threatening retail viability, it is far from a victimless crime. Indeed, Illinois has become the epicenter for these types of crimes, with organized retail theft growing over 60% in just the last five years. It is more important than ever before that elected officials work with members of the retail community to ensure Illinois is no longer an easy target.

* Related…

* Kim Foxx rethinking retail theft policy: In an emailed statement, Foxx spokeswoman Cristina Villareal confirmed the office is reviewing its policy. “We believe the retail threshold at $1,000 for felony charges is in line with the rest of the country, but we have committed to look at available data and engage with partners to see if this is still the best policy,” she wrote. “It’s important to note that cases of retail theft are not the same as ‘smash and grab’ and organized theft rings. We will also be taking a look at our policies around those issues.”

* Three new retailers are coming to State Street. Really.

  30 Comments      


Former Rep. Acevedo pleads guilty to one federal tax count

Tuesday, Dec 14, 2021 - Posted by Rich Miller

* From the US Attorney’s office…

A Chicago consultant pleaded guilty today to a federal tax offense for willfully attempting to evade and defeat the assessment of income taxes.

EDWARD ACEVEDO, 58, of Chicago, pleaded guilty to a tax evasion charge before U.S. District Judge Matthew F. Kennelly. The conviction is punishable by a maximum sentence of five years in federal prison. Judge Kennelly set sentencing for March 9, 2022.

The guilty plea was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Justin Campbell, Special Agent-in-Charge of the IRS Criminal Investigation Division in Chicago; and Emmerson Buie, Jr., Special Agent-in-Charge of the Chicago Field Office of the FBI. The government is represented by Assistant U.S. Attorneys Amarjeet S. Bhachu, Diane MacArthur, Sarah E. Streicker, Timothy J. Chapman, Michelle Kramer, and Julia Schwartz.

Acevedo worked as a self-employed consultant. He admitted in a plea agreement that he willfully failed to file an individual income tax return for the calendar years 2015 through 2018, causing a loss to the IRS of at least approximately $37,380. Acevedo further admitted that he attempted to evade taxes by handling his affairs in a manner so as to avoid the creation and maintenance of customary business and accounting records.

After discovering that he was under investigation by the IRS, Acevedo provided incomplete information to his accountant concerning the sources of Acevedo’s income and expenses for 2017 and 2018, causing the accountant to prepare incomplete federal tax returns for those years, the plea agreement states.

* Jason Meisner reports

Though the indictment stemmed from the ComEd probe, Acevedo’s plea will make no mention of it, or Public Official A, and he has no cooperation deal with the feds

Public Official A is former House Speaker Michael Madigan, in case you’ve been living under a rock. So, this was a one-off.

  15 Comments      


*** UPDATED x1 *** House Black Caucus chair on LG candidate Trussell: “Exactly the kind of pick we’d expect from this field of far-right extremists”

Tuesday, Dec 14, 2021 - Posted by Rich Miller

* From Pearson’s story about yesterday’s announcement

Republican candidate for governor Darren Bailey on Monday named Stephanie Trussell, a former right-wing radio talk show host in Chicago, as his running mate for the June 28 primary.

Bailey became the first of four announced GOP candidates to pick a lieutenant governor contender. Under state law, candidates for governor and lieutenant governor must run as a team. Team Bailey links a white farmer and state senator from rural downstate Xenia with a Black suburban woman. […]

In her social media posts in 2016, Trussell was opposed to Donald Trump’s Republican presidential nomination. She used the #NeverTrump hashtag on her Twitter account as she wrote Trump “is a despicable human being,” saying he “will donate to #Satan for a land deal” and that her “skin crawls when pundits call #Trump the leader of the #GOP. He doesn’t represent my values.”

Trussell also has used her social media platform to liken Planned Parenthood to the Ku Klux Klan and question the validity of health care professionals calling for vaccinations to deal with the pandemic.

* The governor was asked today about Trussell’s anti-Trump comments coming back on her

It’s a complete mess over there. I do not know how they’re going to resolve all of this. The cult of personality around Donald Trump is a major factor in the Republican Party, seemingly. And I think they’re going to have lots of disagreements about who’s more Trumpy than the other person. But I know what I’m focused on. And you know what I’m focused on and I’ve been doing it for the last three years and that’s just the people of Illinois, the working families of Illinois

* Trussell had this to say today on the campaign trail…

I support President Trump 100 percent. Like a lot of people, we all had some issues with candidate Trump. My issue with him is that we didn’t think he was conservative enough, that was my issue with him. But you know what? I was so happy to be wrong about him. I voted for Trump in 2016. I campaigned and voted for Trump in 2020. And I will never apologize to the trolls on the Internet for who I am and what I am. I know what I am, that’s unshakeable.

She does more than her share of Internet trolling, as we’re about to see.

* As I told you yesterday, Trussell pulled down her Twitter account not long after people started posting about her. She put it back up at some point, and this was still there…


I asked the Bailey campaign for comment and haven’t heard back. I asked the ILGOP for comment twice (including on one of their Twitter posts about race) and haven’t heard back. I also asked some Democrats for comment, and House Black Caucus Chair Kam Buckner stepped up…

Stephanie Trussell and Darren Bailey should be ashamed of the past remarks regarding President Obama––but we all know they won’t be. These offensive, incendiary comments are unacceptable for someone seeking one of the highest offices in our state, and I look forward to hearing about the mental gymnastics Mrs. Trussell must do to justify these disturbing statements. Stephanie Trussell is exactly the kind of pick we’d expect from this field of far-right extremists, but she doesn’t represent us and never will.

…Adding… Real tough guy, eh?…


*** UPDATE *** Statement provided by the Bailey campaign…

I wouldn’t expect a basement blogger to do his job and add context to a sarcastic tweet from 7 years ago, but here you go: In 2014, Michelle Obama told black voters, “I give everyone full permission to eat some fried chicken after they vote.” This ridiculousness is the kind of stuff we’ve grown to expect from pandering liberals and the left-wing media, though. They put black people in a box, tell us to keep our heads down, our hands out, and vote Democrat. Well, these elitist politicians have failed us. Our streets aren’t safe, our schools are failing our children, our communities lack opportunities, and we need change. I’m proud of being a black woman raised on the Westside of Chicago, and I won’t apologize to the left-wing media or the out-of-touch career politicians who have been selling out Illinoisans for years. We’re here to fight for change for every Illinoisan and turn this state around.

Hilarious. Also, Buckner has been in office not quite three years. Also, too, I don’t think Obama said anything about malt liquor and watermelons.

…Adding… This is hilariously ironic…


I’ve asked for comment.

  54 Comments      


COVID-19 roundup

Tuesday, Dec 14, 2021 - Posted by Rich Miller

* Jake Griffin

State health officials today reported 3,628 COVID-19 patients are being treated at hospitals throughout Illinois.

That’s up 115 patients from the day before.

Of those hospitalized, 743 are in intensive care, according to Illinois Department of Public Health records.

IDPH officials are also reporting 28 more residents have died of COVID-19, while 7,390 new cases of the respiratory disease were diagnosed. That brings the state’s death toll from the virus to 26,934, and 1,911,649 infections have been recorded since the outset of the pandemic, IDPH records show.

The state’s seven-day case positivity rate is at 4%, the same as the day before. Case positivity is the percentage of new cases derived from a batch of tests. A seven-day average is used to account for any anomalies in the daily reporting of those figures.

That’s the most hospitalizations since January 8th.

* Things got a bit heated today

Amy Jacobson: The governors of New York and California have implemented new mask mandates, but both of their governors have given their people end dates of January 12. What about giving Illinois a mandate [end]?

Gov. Pritzker: Here’s why we have a mask mandate: because we need to keep people safe. We need to stop pretending that masks don’t work. They do. Countless studies show that masks do work to reduce the transmission of infection. We also know that the most important thing you can do is to get vaccinated and if you’ve been vaccinated to get boosted, that is what keeps people out of the hospital. It’s what keeps people safe. And so I encourage everybody to please wear your mask indoors. Please make sure that you go get vaccinated if you’ve not been and if you haven’t had your booster yet. We just opened booster shot vaccination clinics across Cook County as well as in other parts of the state. We have vaccination clinics that are open to people who want to get booster, so I just want to encourage everybody to do the right thing. We are in the state of Illinois and we’re gonna keep doing it. Following the science.

Amy Jacobson: But we went from 300 cases in Chicago to a thousand…

Gov. Pritzker: Look, every time the numbers go down, you say you want everybody to take the masks off. Every time the numbers go up, you say you want everybody to take the masks off. I know what you stand for. Let’s keep moving on. I’d like to talk to reporters.

Heh. Somebody must’ve heard about yesterday’s Supreme Court ruling.

* At the moment, omicron appears to spread very, very fast. It also appears to generally cause milder symptoms with most people. But do the math: A smaller percentage of hospitalizations per infected person doesn’t mean much if lots more people are infected than now

The World Health Organization said Wednesday that omicron, which is being reported in 77 countries, is spreading at a faster rate than previous coronavirus variants and delivered a stark warning against dismissing it as mild.

WHO Director General Tedros Adhanom Ghebreyesus warned that even if data eventually confirms that omicron causes less-severe disease than other variants, the sheer number of infections could “once again overwhelm unprepared health systems.”

* However, if this turns out to be true, then maybe, just maybe we can all get a break from the insanity

A highly anticipated study of Pfizer’s Covid pill confirmed that it helps stave off severe disease, the company announced on Tuesday.

Pfizer also said its antiviral pill worked in laboratory studies against the Omicron variant, which is surging in South Africa and Europe and is expected to dominate U.S. cases in the weeks ahead.

“We are confident that, if authorized or approved, this potential treatment could be a critical tool to help quell the pandemic,” Albert Bourla, Pfizer’s chief executive, said in a statement.

Last month, Pfizer asked the Food and Drug Administration to authorize the pill, known as Paxlovid, based on a preliminary batch of data. The new results will undoubtedly strengthen the company’s application, which could mean that Americans infected with the virus may have access to the pill within weeks.

Know hope.

  20 Comments      


Giannoulias wins Cook County Dem slating

Tuesday, Dec 14, 2021 - Posted by Rich Miller

* The juggernaut continues…


* Press release…

See below for a statement from Illinois Secretary of State candidate Anna Valencia on today’s Cook County Democrats slating, which resulted in an endorsement for her opponent, Alexi Giannoulias, in this race:

“Nothing worth doing comes easy in life. That’s the story of my parents, working families across Illinois and women across the country. Even so, when things get tough, they continue to fight on. I am in this race for them, and I am staying in the race because I plan to win so that I can be a voice for working families like my own and to show little girls everywhere what’s possible when they persist.”

…Adding… More…


…Adding… Full slating list is here.

  34 Comments      


Study looks at possible blueprint to change mental illness crisis response

Tuesday, Dec 14, 2021 - Posted by Rich Miller

* From Pew Charitable Trusts…

With mental illness and drug addiction surging across the United States, it’s more likely than ever that emergency calls could involve a person experiencing a mental health or substance use crisis. Those calls are often received by 911 call centers, which recent Pew research suggests lack the resources and training needed to dispatch tailored responses. Instead, law enforcement officers typically are sent to manage situations that often require specialized services related to health, mental health, and housing.

New research from the Meadows Mental Health Policy Institute, in partnership with The Pew Charitable Trusts, suggests that a program developed in Dallas might serve as a blueprint for policymakers who want to move their crisis response systems toward a health-centered approach instead of relying solely on police.

Since 2018, the city has employed a multidisciplinary model known locally as Rapid Integrated Group Healthcare Team (RIGHT) Care, which brings together teams of mental health professionals, paramedics, and specialized law enforcement officers who can better direct people in distress to community-based care and services. According to the Meadows Institute report, these teams responded to 6,679 calls from Jan. 29, 2018, to June 7, 2020. The analysis found that:

    • 62% resulted in a connection to care (community service, or voluntary or involuntary hospitalization).
    • 40% resulted in a connection to some sort of community service, such as a referral to health or housing services.
    • 29% were resolved on scene with no further services needed.
    • Only 14% resulted in emergency detention.
    • 8% resulted in a person being taken to a hospital or psychiatric facility.
    Only 2% resulted in arrests for new offenses.
    • While mental health visits to the emergency department at Dallas’ Parkland Hospital increased by 30% from 2017 to 2019, areas served by RIGHT Care saw a 20% decrease in mental health-related admissions.

Emphasis added.

* More

In addition to the on-patrol three-member units, Parkland provides the RIGHT Care team with licensed mental health professionals to assist with navigating 911 calls involving behavioral health crises. That’s important, because recent research by Pew suggests that few 911 call centers have staff with the training or resources needed to manage these calls and dispatch appropriate responses. Dallas’ initial success shows how a properly resourced call center can improve outcomes.

Based on the positive data from Meadows—a Dallas-based, data-driven nonprofit focused on providing efficient behavioral health care to Texans when and where they need it—city officials earlier this year expanded RIGHT Care throughout the city. They added two new teams, increasing active units from nine three-person units to 15, and moving closer to the goal of RIGHT Care responding to 40% of mental health calls in the city.

* Flow chart from the study

The added benefit here is the amount of stress this approach can take off of responding police officers, who already have high-stress jobs.

  8 Comments      


Question of the day: 2021 Golden Horseshoe Awards

Tuesday, Dec 14, 2021 - Posted by Rich Miller

* The 2021 Golden Horseshoe Award for Best Senate Republican Non-Campaign Staffer goes to Whitney Barnes

I think the quantity and strength of the nominations she’s received really speak to her character. While it’s true that she’s smart, hard working and respected by members of the caucus and the media, it’s how she interacts with the people around her that makes her a standout to me. Simply put, Whitney is a good person who treats everyone around her with respect and kindness - something that is sadly becoming increasingly rare in this arena.

Whitney announced this week that she’s leaving to join Nicor as its communications manager. Her departure will create a giant hole on that staff. Best of luck!

* The 2021 Golden Horseshoe Award for Best House Republican Non-Campaign Staffer goes to Joe Sculley

When you see how prepared the HGOP is with nearly everything budget you can look to Sculley. He is an excellent partner with Demmer and because of their relationship and oversight the HGOP can land plenty of budget punches when the rest of the world is wondering what GOMB is doing. A true artist at his craft who has an attention for detail that benefits the HGOP in so many ways. Also super fun.

When somebody gets a nomination like that they have to win.

* On to today’s categories…

Best House Democrat

Best House Republican

As always, explain your answers or they won’t count and nominate in both categories, please. And, remember, it’s 2021. The nominations are for activity in this year, not last year, or last decade or whatever. Thanks.

  28 Comments      


A key point Amazon is making doesn’t appear to add up

Tuesday, Dec 14, 2021 - Posted by Rich Miller

* Tribune

The north side of the [Edwardsville] warehouse “is where the vast majority of our employees and partners went,” Kelly Nantel, Amazon’s director of media relations, said at the news conference.

“A small handful, and we speculated … it was because of the work that they were doing at the time, they congregated on the southern side of the facility,” she said.

But that’s not what some survivors are saying.

* Reuters

Amazon cargo driver Austin J. McEwen, 26, was an only child who loved to listen to rapper Mac Miller and hunt with his friends.

He died trying to shelter from a powerful tornado in the bathroom at an Amazon.com warehouse on Friday night, according to a coworker. […]

Several employees told Reuters that they had been directed to shelter in bathrooms by Amazon managers after receiving emergency alerts on mobile phones from authorities. […]

“I was at the end of my route. I was just getting in the building and they started screaming, ‘Shelter in place!’” said David Kosiak, 26, who has worked at the facility for three months. “We were in the bathrooms. That’s where they sent us.”

* Post-Dispatch

Jaeira Hargrove and Etheria Hebb loaded up their delivery vans Friday morning at an Amazon facility near Edwardsville and spent the day delivering packages in the Glen Carbon area.

When the weather started turning bad, they returned and quickly parked their vans. A woman told them to head to the bathroom because of a tornado warning, Hargrove said Sunday in an interview with the Post-Dispatch. […]

“We were just standing there talking. That’s when we heard the noise. It felt like the floor started moving. We all got closer to each other. We all started screaming,” Hargrove said.

The building collapsed as an EF3 tornado smashed into it.

Both Hargrove and Hebb were knocked to the floor. Hargrove was calling out to Hebb, but Hebb didn’t respond. She was one of the six people who were killed in the building’s collapse.

* Washington Post

The “take shelter” location is the restrooms, said delivery driver Alonzo Harris.

* Yet, Amazon almost appears to be blaming the workers who died or just chalking their deaths up to tragic bad luck

Six that died in Edwardsville, Illinois Amazon warehouse were not in the designated shelter in place: Amazon spokeswoman said that the designated shelter in place is an interior section of the warehouse not a room. The workers who gathered there survived and the 6 persons who died were on the south side of the building where the tornado struck.

* Meanwhile, on to the Tribune

Amazon’s 3.8-million-square-foot fulfillment center at the southeast corner of Harlem Avenue and Vollmer Road in Matteson opened in October and is designed to withstand winds of at least 110 mph, according to Ernest Roberts III, the village’s director of community development.

That wouldn’t be nearly enough

The National Weather Service said Saturday night that the tornado that hit the Amazon building reached the EF3 category — the third-strongest rating on the Enhanced Fujita Scale, with winds between 136 mph and 165 mph.

* Gov. Pritzker was asked about strengthening the rules

We’re relying upon not only the local investigation, but the OSHA investigation to look at issues around whether there are structural challenges with the way those warehouses and that particular one was built. People have said that they were built to code. If they were, then we need to look, and I’ve talked to legislators about this, we need to look at whether the code needs to be strengthened. Because I think we all are quite well aware that storms are getting more severe, that climate change is affecting businesses and homes and individuals all across the nation, not to mention here in Illinois. And so if we need to strengthen those codes because of climate change, we should go do that.

Thoughts?

  56 Comments      


Pritzker flatly disputes NY Times story, saying he has “never” spoken publicly or privately about running for president

Tuesday, Dec 14, 2021 - Posted by Rich Miller

* Gov. Pritzker was asked at an unrelated press conference today about the recent New York Times story claiming he’d talked privately about running for president…

I have never spoken privately with anybody or publicly about that. I, first of all, and second, I love my job as governor of Illinois. And I intend to keep doing it on behalf of the working families of Illinois, making sure that we’re lifting up our children making sure they get the education that they deserve, that families get the health care that they need, and that we’re growing our economy and of course, working our way out of this pandemic. So I’m going to continue doing the job.

* Reporters persisted, peppering him with more questions

I have no intention of running for anything except reelection as governor. […]

Of course, people have mentioned this to me on occasion, but I’ve never had a conversation with anybody about it. […]

I am focused on this job. I love this job. I really love the job of being governor and I’m going to continue doing it as long as I can. […]

I think I’ve been pretty clear about this. I want to be governor of Illinois. I want to continue to be governor of Illinois. I’m doing the job that I love.

And that’s just some of the responses.

* My “favorite” question was whether he’d consider running for president if he lost reelection next year. I did not make that up. His response was that he’d have more time to spend with his family.

…Adding… ILGOP…

“Governor Pritzker and his team should focus more on fixing the problems that ail our struggling state instead of dreaming of the White House. JB has surrounded himself with a bunch of depressed Clinton 2016 alums who still believe the right to lead the country is theirs. Now they’ve found a billionaire benefactor to make another go of it and Pritzker, it seems, is happy to indulge in the fantasy.

Newsflash to team Pritzker, our economy lags behind all our neighbors, violent crime is destroying communities, rampant inflation is busting the budgets of already overtaxed Illinoisans, and public corruption still defines our political system. Get to work, Governor, and stop dreaming.” - ILGOP Chairman Don Tracy

  21 Comments      


Insurance companies win big in appellate ruling on business closure coverage

Tuesday, Dec 14, 2021 - Posted by Rich Miller

* The 7th US Court of Appeals has ruled that the pandemic and Gov. Pritzker’s resulting emergency order closing down businesses did not trigger insurance policies covering income reductions caused by “direct physical loss.” Here’s Steve Daniels at Crain’s

In the linchpin cases—suits by Sandy Point Dental in Lake Zurich, the owner of the Hyatt Place hotel in East Moline and a Southern Illinois restaurant owner against Cincinnati Insurance—a three-judge panel decided that Gov. J.B. Pritzker’s actions in the spring of 2020 to keep the virus from spreading out of control didn’t constitute a “physical loss” that virtually every business policy requires for payment of claims.

In the decision, Judge Diane Wood emphasized that businesses were able to function in part even during the most restrictive phases of Pritzker’s orders. Restaurants could serve takeout orders. The dentists’ office could perform emergency work.

“(T)he businesses’ preferred use of the premises was partially limited, while other uses remained possible,” she wrote. “Without any physical alteration to accompany it, this partial loss of use does not amount to a ‘direct physical loss.’”

With this ruling, the 7th Circuit joins four other federal judicial circuits around the country in arriving at this interpretation. Unless another circuit rules that insurers are liable for these losses, the U.S. Supreme Court is highly unlikely to weigh in on what last year looked like it might be one of the most intense insurance industry legal wars in years.

* From the decision

“Loss” means accidental loss or damage.

In other words, incorporating the stated definition of “loss,” the Businesses were covered for income losses resulting from direct physical loss or direct physical damage to property. Thus, to survive Cincinnati’s Rule 12(b)(6) motion, they needed to allege that either the virus or the resulting closure orders caused direct physical loss or direct physical damage to covered property. […]

Sandy Point insured its property, not its ideal use of that property. Having alleged neither a physical alteration to the property nor its equivalent in its amended complaint, Sandy Point failed adequately to allege a “direct physical loss” under the Policy. […]

Bend Hotel has not alleged loss of use so substantial as to amount to a physical dispossession of its property. […]

To state a claim under the Policy before us, the Businesses needed to allege more than a partial loss of their preferred use of the insured properties. But they alleged neither a physical alteration to property nor an access- or use- deprivation so substantial as to constitute a physical dispos- session. They thus have not managed to state claims upon which relief could be granted.

  17 Comments      


Saying pandemic “clearly” isn’t over, Illinois among 8 states seeking interest waiver on Unemployment Insurance Trust Fund debt

Tuesday, Dec 14, 2021 - Posted by Rich Miller

* Capitol News Illinois in October

The deficit in the state’s Unemployment Insurance Trust Fund remains over $4.3 billion and interest payments on the debt began accruing on Sept. 6.

Thus far, more than $6 million in interest has accrued on the money Illinois owes the federal government, according to the U.S. Treasury, and interest will continue to accrue at a rate of 2.27 percent. The state earmarked $10 million for interest payments this fiscal year.

* Comptroller Mendoza press release…

State financial officers are asking the federal government to reinstate the waiver on interest being charged for fund advances given to the states to cover COVID-19 unemployment insurance.

These advances were provided to the states interest free so that unemployment benefits could be made without disruption during the worst phase of the COVID-19 pandemic. The interest waiver on these advances expired Sept. 6, 2021.

“Taxpayers should not be on the hook for interest just because the pandemic is lasting longer than projected,” Illinois Comptroller Susana Mendoza said. “States are wrestling with how best to replenish their COVID-depleted unemployment funds and they should not have to do that with the meter running.”

Illinois’ interest tab is nearly $20 million as of today. That could reach more than $100 million if left unpaid for a year.

State officers, representing more than 75 million residents from New York, Colorado, Pennsylvania, Connecticut, New Jersey, Massachusetts and Minnesota joined Comptroller Mendoza in cosigning the attached letter to U.S. Treasury Secretary, Janet Yellen, seeking the administration’s support for reinstating the interest waiver.

“We believe the waiver deadline was originally determined under the assumption that the pandemic would likely be over and that the economy and state governments would be in recovery mode,” the signatories wrote. “However, it is quite plain to see that this public health crisis is not over, and the benefit provided by this interest waiver is still necessary.”

They emphasized that the pandemic is clearly not over and that states that are having to pay interest on more than $39 billion on federal advancements need more time to figure out how to address repayment of these advances.

“The cost of covering this federal initiative to extend unemployment benefits during the pandemic should not fall completely on the shoulders of businesses and labor,” said Illinois Comptroller Susana A. Mendoza, who convened her fellow financial officers from the most-affected states to seek the extension.

“Colorado has over $1 billion in outstanding advancements,” said Colorado Comptroller Robert Jaros. “Accrued interest is almost $4 million as of today and will grow to over $20 million if not paid within a year. The State supports reinstating the interest waiver for advancement loans for UI benefits. Colorado needs more time to address the repayment of the outstanding advancements.”

Illinois owes $4.5 billion in outstanding advancements. The advances are generating federal interest at a rate of 2.27%, amounting to more than $187.5 million as of Dec. 6, 2021. Illinois has accrued $19.6 million in interest since the waiver expired and after paying $6.3 million in September.

The letter is here.

  16 Comments      


Today’s quotable

Tuesday, Dec 14, 2021 - Posted by Rich Miller

* Marie Newman via E&E News via Politico

“I’m not running against Mr. Casten. I announced my reelection first, and then he announced his reelection,” she said. “My reelection was requested by my entire district, voters and constituents. So I’m running for the district.”

  45 Comments      


Open thread

Tuesday, Dec 14, 2021 - Posted by Rich Miller

* Have at it.

  6 Comments      


*** LIVE COVERAGE ***

Tuesday, Dec 14, 2021 - Posted by Rich Miller

* Follow along with ScribbleLive


  Comments Off      


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