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Illinois House members pass hundreds of bills onto the Senate

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It was a very busy week at the Illinois statehouse last week.

The House of Representatives raced to beat a deadline Friday to move substantive bills that originated in that chamber over to the Senate. The week featured long nights, short debates that at times got testy and the passage of hundreds of bills. Here are some of them:
Full day kingergarten

State Rep. Mary Beth Canty (D-Arlington Heights) passed a measure implementing full day kindergarten in schools statewide in time for the 2027-28 school year.

The bill also creates the “Full-Day Kindergarten Task Force,” which will study how to implement this statewide in a way beneficial to all districts from small, one building rural schools to large urban districts.

The initial report will be due to the legislature and governor’s office by April 2024, with the final report by November 2024.

“I think we can recognize that children are our most important resource in Illinois,” said Canty on the House floor. “As we look to move forward with our Pre-K program and the governor’s Smart Start program, I hope that we can recognize that Kindergarten is a pivotal piece of a child’s learning journey.”

The debate became a bit of a flashpoint between members on spending priorities. Some Republicans, like State Rep. Dan Swanson (R-Galesburg), worry about staffing and cost. In the current system, he says there could be two groups of students each in a morning and afternoon program – which requires only two teachers.But he worries about what would happen if all four of those groups require a full day of class.

“We must employ two more teachers and may have to build additional space, potentially have more facility requirements than what we have the capabilities to do,” he said, noting that could lead to a local property tax referendum to fund building additions.

State Rep. Cyril Nichols (D-Chicago) didn’t appreciate that.

“Everybody listen up!” Nichols said as admonished members while waiting for them to bring down side conversations on the floor. “We’ve all got children in this assembly, what are we talking about?”

“We can find money for all sorts of things… you want to solve some problems? Stop thinking crime is this thing that manifests out of thin air. It’s what we do right now to help that child. Start paying attention. Stop talking about other things that really don’t matter and pay attention.”

Districts can ask for an extension if they won’t be ready by 2027, but they have to meet at least one of the following parameters: they’re receiving 70 percent or less of the funding they should be based on the state’s evidence-based funding model, or the task force determines they’re one of the districts in most need of capital funding to make a full day program work.

The task force can also determine if there’s an unlisted criterion that might prevent a district from implementing this on time.
Blocking book bans

The House passed an initiative spearheaded by Secretary of State Alexi Giannoulias to deter public libraries from banning books.

The bill from State Rep. Anne Stava-Murray (D-Downers Grove) requires public and school libraries to adhere to a set of standards if they want to continue receiving state grant funding. They must first adhere to the Library Bill of Rights from the American Library Association, which says books shouldn’t be removed from the shelves for political or personal disagreements. Essentially they need to show they’re not banning books.

They must also comply with the official stance of the State Library, which opposes book bans.

“The fact that this is even up for discussion in America in the 21st century is disgusting,” Stava-Murray said. “All too often we see the books targeted by these hate groups and radical fringe parents are books having to deal with LGBTQ+ plus identities, or Black and brown authors.”

The measure passed 69-39 on a largely party-line vote. At least one GOP concern revolved around local control – State Rep. Martin McLaughlin (R-Barrington) says it should be up to local library boards to decide what to offer their communities, not state government.

“To me this is a complete go around, an end around, on the local control and authority of library boards,” McLaughlin said. “I think it’s a very blatant attempt to strong arm our local communities and how they want to direct their libraries to operate and function.”

“Local control has long been a dog whistle for allowing statewide or nationwide racist or bigoted policies to persist,” Stava-Murray shot back, prompting the Republican side of the aisle to “boo” loudly and others in the chamber to groan or shift uncomfortably.“You’re booing, and only one side is booing… I wonder why,” she said. “Because maybe there is some truth to it.”

Republican members also said they were less concerned about the materials presented in libraries and more about where they’re placed and whether kids have access to material that’s not age appropriate.
Gender neutral, multi occupancy bathrooms

State Rep. Katie Stuart (D-Edwardsville) sponsored a measure to set parameters for businesses if they want to offer all-gender, multi-stall public restrooms. The bill does not require that businesses offer them. This affects only those who choose to do so.

State law currently doesn’t allow for multi-occupancy gender neutral restrooms. Many businesses that have them now use single occupancy spaces.

“This bill is a victory for all who support the freedom of businesses to make their own decisions about how to conduct their day-to-day operations,” Stuart said through a news release from LGBTQ+ advocacy group Equality Illinois.

Stuart abruptly canceled a scheduled town hall style meeting in her district in February due to an influx of violent threats from people who she said misunderstood the measure’s intent.

“This bill is about removing a prohibition, not about imposing requirements, beyond those which are necessary to set basic standards for those establishments that may choose to make the change,” Stuart said.

It wasn’t a sure thing. It passed with 60 votes – the minimum number required to pass legislation through the House before June 1. Several members of the “Mod Caucus,” a coalition of more than 20 moderate House Democrats, did not vote on the measure at all. Stuart, a member of that caucus herself, could not explain why that happened.

A similar measure passed the House last session with a similar roll call, but it didn’t pass the Senate.
Anti-discrimination lawsuits

A measure allowing people to sue for federal anti-discrimination violations in state court unanimously passed the House of Representatives.

It is in response to a 2022 U.S. Supreme Court decision, Cumings vs. Premier Rehab, which ruled that people who are discriminated against could not receive monetary awards when suing for emotional distress.

The proposal by Rep. Kelly Cassidy (D-Chicago) would allow these lawsuits in state court and would set a minimum 4 thousand dollar penalty for people who successfully sue.

Charles Petrof, a senior attorney with Access Living, said in the committee hearing that the decision prevents enforcement of various civil rights acts.

Access Living is a Chicago-based disabilities services center that supports the bill.

“Our bill is asking the state of Illinois to now adopt a law that essentially says if a violation of these federal rights is proven, Illinois’ statute says you do have a right to collect emotional distress damages,” Petrof said. “Which gives you the right to stay in court and enforce the rights that are written into law

This measure would apply to the Civil Rights Act, Title IX and the Americans with Disabilities Act.
Styrofoam to-go containers ban

A proposal to end the use of polystyrene foam – more commonly known as styrofoam – takeout food containers passed by a 67-43 vote.

Rep. Jennifer Gong-Gershowitz (D-Glenview), the bill sponsor, said these styrofoam containers are often not recycled and end up in landfills.

She said they also get thrown into Lake Michigan, where they can pose a threat to wildlife and drinking water.

“We have to think of this not only as a garbage problem, but also as a public health problem,” Gong-Gershowitz said.

Republican Representative Dave Severin from southern Illinois said the measure would hurt companies that produce styrofoam in the state, and is unnecessary because styrofoam is recyclable.

Gong-Gershowitz said these containers become contaminated by food and can’t be recycled.

“There’s some disagreement as to whether or not it is truly recyclable,” Gong-Gershowitz said.

If passed in the Senate, the ban would go into effect January 1, 2024, with some exceptions for small businesses, food pantries and soup kitchens.
They would have until 2025.

Gender inclusive language

The House also passed two measures which would add gender neutral language to Illinois laws.

One of the proposals by Rep. Kelly Cassidy (D-Chicago) would replace gendered language in a law requiring insurance companies to offer pap smear and prostate exam coverage.

The law, which was passed last year, included references to men and women. Cassidy said her proposal to remove these gendered references would make coverage for the services available for everyone.

“It ensures that nobody is excluded from access to preventative care,” Cassidy said.

The bill would go into effect January 1, 2025

Another measure by Democratic Representative Lakeisha Collins would change references to boys and girls in Illinois statutes – to gender neutral language such as children.

It would go into effect 60 days after becoming law.
Splitting pregnancy costs

State Representative Margaret Croke, D-Chicago, is looking to create parity in paying for pregnancies. Her measure would require the non-pregnant parent to pay at least 50 percent of pregnancy-related expenses. A court would also be able to mandate the other parent to pay more than that.

Her legislation models a Utah state law that took effect last May, which requires biological fathers to pay 50 percent of a pregnant person’s out-of-pocket medical costs.

Croke said this type of legislation is needed. She said she’s typically seen expenses fall disproportionately onto the pregnant person. And with high maternal mortality rates in the U.S, she says this is especially concerning.

“I worry that a pregnant person may not go seek the health care that they desperately need when something arises in their pregnancy, because they are scared of what that medical bill is going to look like,” Croke said.

The measure would apply only to medical costs incurred during the pregnancy – anything from ultrasound screenings and blood tests, to emergency surgeries and delivery. Abortion care would also fall under this.

“Illinois being such a strong pro-choice state, we also have to make sure that we’re focusing on pregnant people, and the ones who decide to carry their children to term,” Croke said. “When you decide to be pro-choice, you also have to be a pro-kid and pro-mom.”

The non-pregnant parent may not be required to pay if the paternity is in dispute, according to the measure.
It now heads to the Senate.

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Poll: Support for Missouri abortion rights amendment growing

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A proposed constitutional amendment legalizing abortion in Missouri received support from more than half of respondents in a new poll from St. Louis University and YouGov.That’s a boost from a poll earlier this year, which could mean what’s known as Amendment 3 is in a solid position to pass in November.SLU/YouGov’s poll of 900 likely Missouri voters from Aug. 8-16 found that 52% of respondents would vote for Amendment 3, which would place constitutional protections for abortion up to fetal viability. Thirty-four percent would vote against the measure, while 14% aren’t sure.By comparison, the SLU/YouGov poll from February found that 44% of voters would back the abortion legalization amendment.St. Louis University political science professor Steven Rogers said 32% of Republicans and 53% of independents would vote for the amendment. That’s in addition to nearly 80% of Democratic respondents who would approve the measure. In the previous poll, 24% of Republicans supported the amendment.Rogers noted that neither Amendment 3 nor a separate ballot item raising the state’s minimum wage is helping Democratic candidates. GOP contenders for U.S. Senate, governor, lieutenant governor, treasurer and secretary of state all hold comfortable leads.“We are seeing this kind of crossover voting, a little bit, where there are voters who are basically saying, ‘I am going to the polls and I’m going to support a Republican candidate, but I’m also going to go to the polls and then I’m also going to try to expand abortion access and then raise the minimum wage,’” Rogers said.Republican gubernatorial nominee Mike Kehoe has a 51%-41% lead over Democrat Crystal Quade. And U.S. Sen. Josh Hawley is leading Democrat Lucas Kunce by 53% to 42%. Some GOP candidates for attorney general, secretary of state and treasurer have even larger leads over their Democratic rivals.

Brian Munoz

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St. Louis Public RadioHundreds of demonstrators pack into a parking lot at Planned Parenthood of St. Louis and Southwest Missouri on June 24, 2022, during a demonstration following the Supreme Court’s reversal of a case that guaranteed the constitutional right to an abortion.

One of the biggest challenges for foes of Amendment 3 could be financial.Typically, Missouri ballot initiatives with well-funded and well-organized campaigns have a better chance of passing — especially if the opposition is underfunded and disorganized. Since the end of July, the campaign committee formed to pass Amendment 3 received more than $3 million in donations of $5,000 or more.That money could be used for television advertisements to improve the proposal’s standing further, Rogers said, as well as point out that Missouri’s current abortion ban doesn’t allow the procedure in the case of rape or incest.“Meanwhile, the anti side won’t have those resources to kind of try to make that counter argument as strongly, and they don’t have public opinion as strongly on their side,” Rogers said.There is precedent of a well-funded initiative almost failing due to opposition from socially conservative voters.In 2006, a measure providing constitutional protections for embryonic stem cell research nearly failed — even though a campaign committee aimed at passing it had a commanding financial advantage.Former state Sen. Bob Onder was part of the opposition campaign to that measure. He said earlier this month it is possible to create a similar dynamic in 2024 against Amendment 3, if social conservatives who oppose abortion rights can band together.“This is not about reproductive rights or care for miscarriages or IVF or anything else,” said Onder, the GOP nominee for Missouri’s 3rd Congressional District seat. “Missourians will learn that out-of-state special interests and dark money from out of state is lying to them and they will reject this amendment.”Quade said earlier this month that Missourians of all political ideologies are ready to roll back the state’s abortion ban.“Regardless of political party, we hear from folks who are tired of politicians being in their doctor’s offices,” Quade said. “They want politicians to mind their own business. So this is going to excite folks all across the political spectrum.”

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Democrat Mark Osmack makes his case for Missouri treasurer

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Mark Osmack has been out of the electoral fray for awhile, but he never completely abandoned his passion for Missouri politics.Osmack, a Valley Park native and U.S. Army veteran, previously ran for Missouri’s 2nd Congressional District seat and for state Senate. Now he’s the Democratic nominee for state treasurer after receiving a phone call from Missouri Democratic Party Chairman Russ Carnahan asking him to run.“There’s a lot of decision making and processing and evaluation that goes into it, which is something I am very passionate and interested in,” Osmack said this week on an episode of Politically Speaking.Osmack is squaring off against state Treasurer Vivek Malek, who was able to easily win a crowded GOP primary against several veteran lawmakers including House Budget Chairman Cody Smith and state Sen. Andrew Koenig.While Malek was able to attract big donations to his political action committee and pour his own money into the campaign, Osmack isn’t worried that he won’t be able to compete in November. Since Malek was appointed to his post, Osmack contends he hasn’t proven that he’s a formidable opponent in a general election.“His actions and his decision making so far in his roughly two year tenure in that office have been questionable,” Osmack said.Among other things, Osmack was critical of Malek for placing unclaimed property notices on video gaming machines which are usually found in gas stations or convenience stores. The legality of the machines has been questioned for some time.As Malek explained on his own episode of Politically Speaking, he wanted to make sure the unclaimed property program was as widely advertised as possible. But he acknowledged it was a mistake to put the decals close to the machines and ultimately decided to remove them.Osmack said: “This doesn’t even pass the common sense sniff test of, ‘Hey, should I put state stickers claiming you might have a billion dollars on a gambling machine that is not registered with the state of Missouri?’ If we’re gonna give kudos for him acknowledging the wrong thing, it never should have been done in the first place.”Osmack’s platform includes supporting programs providing school meals using Missouri agriculture products and making child care more accessible for the working class.He said the fact that Missouri has such a large surplus shows that it’s possible to create programs to make child care within reach for parents.“It is quite audacious for [Republicans] to brag about $8 billion, with a B, dollars in state surplus, while we offer next to no social services to include pre-K, daycare, or child care,” Osmack said.Here’s are some other topics Osmack discussed on the show:How he would handle managing the state’s pension systems and approving low-income housing tax credits. The state treasurer’s office is on boards overseeing both of those programs.Malek’s decision to cut off investments from Chinese companies. Osmack said that Missouri needs to be cautious about abandoning China as a business partner, especially since they’re a major consumer of the state’s agriculture products. “There’s a way to make this work where we are not supporting communist nations to the detriment of the United States or our allies, while also maintaining strong economic ties that benefit Missouri farmers,” he said.What it was like to witness the skirmish at the Missouri State Fair between U.S. Sen. Josh Hawley and Democratic challenger Lucas Kunce.Whether Kunce can get the support of influential groups like the Democratic Senatorial Campaign Committee, which often channels money and staff to states with competitive Senate elections.

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As Illinois receives praise for its cannabis equity efforts, stakeholders work on system’s flaws

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Medical marijuana patients can now purchase cannabis grown by small businesses as part of their allotment, Illinois’ top cannabis regulator said, but smaller, newly licensed cannabis growers are still seeking greater access to the state’s medical marijuana customers.Illinois legalized medicinal marijuana beginning in 2014, then legalized it for recreational use in 2020. While the 2020 law legalized cannabis use for any adult age 21 or older, it did not expand licensing for medical dispensaries.Patients can purchase marijuana as part of the medical cannabis program at dual-purpose dispensaries, which are licensed to serve both medical and recreational customers. But dual-purpose dispensaries are greatly outnumbered by dispensaries only licensed to sell recreationally, and there are no medical-only dispensaries in the state.As another part of the adult-use legalization law, lawmakers created a “craft grow” license category that was designed to give more opportunities to Illinoisans hoping to legally grow and sell marijuana. The smaller-scale grow operations were part of the 2020 law’s efforts to diversify the cannabis industry in Illinois.Prior to that, all cultivation centers in Illinois were large-scale operations dominated by large multi-state operators. The existing cultivators, mostly in operation since 2014, were allowed to grow recreational cannabis beginning in 2019.Until recently, dual-purpose dispensaries have been unsure as to whether craft-grown products, made by social equity licensees — those who have lived in a disproportionately impacted area or have been historically impacted by the war on drugs — can be sold medicinally as part of a patient’s medical allotment.Erin Johnson, the state’s cannabis regulation oversight officer, told Capitol News Illinois last month that her office has “been telling dispensaries, as they have been asking us” they can now sell craft-grown products to medical patients.“There was just a track and trace issue on our end, but never anything statutorily,” she said.

Dilpreet Raju

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Capitol News IllinoisThe graphic shows how cannabis grown in Illinois gets from cultivation centers to customers.

No notice has been posted, but Johnson’s verbal guidance comes almost two years after the first craft grow business went online in Illinois.It allows roughly 150,000 medical patients, who dispensary owners say are the most consistent purchasers of marijuana, to buy products made by social equity businesses without paying recreational taxes. However — even as more dispensaries open — the number available to medical patients has not increased since 2018, something the Cannabis Regulation Oversight Office “desperately” wants to see changed. Johnson said Illinois is a limited license state, meaning “there are caps on everything” to help control the relatively new market.Berwyn Thompkins, who operates two cannabis businesses, said the rules limited options for patients and small businesses.“It’s about access,” Thompkins said. “Why wouldn’t we want all the patients — which the (adult-use) program was initially built around — why wouldn’t we want them to have access? They should have access to any dispensary.”Customers with a medical marijuana card pay a 1% tax on all marijuana products, whereas recreational customers pay retail taxes between roughly 20 and 40% on a given cannabis product, when accounting for local taxes.While Illinois has received praise for its equity-focused cannabis law, including through an independent study that showed more people of color own cannabis licenses than in any other state, some industry operators say they’ve experienced many unnecessary hurdles getting their businesses up and running.The state, in fact, announced last month that it had opened its 100th social equity dispensary.But Steve Olson, purchasing manager at a pair of dispensaries (including one dual-purpose dispensary) near Rockford, said small specialty license holders have been left in the lurch since the first craft grower opened in October 2022.“You would think that this would be something they’re (the government) trying to help out these social equity companies with, but they’re putting handcuffs on them in so many different spots,” he said. “One of them being this medical thing.”Olson said he contacted state agencies, including the Department of Financial and Professional Regulation, months ago about whether craft products can be sold to medical patients at their retail tax rate, but only heard one response: “They all say it was an oversight.”This potentially hurt social equity companies because they sell wholesale to dispensaries and may have been missing out on a consistent customer base through those medical dispensaries.Olson said the state’s attempts to provide licensees with a path to a successful business over the years, such as with corrective lotteries that granted more social equity licenses, have come up short.“It’s like they almost set up the social equity thing to fail so the big guys could come in and swoop up all these licenses,” Olson said. “I hate to feel like that but, if you look at it, it’s pretty black and white.”Olson said craft companies benefit from any type of retail sale.“If we sell it to medical patients or not, it’s a matter of, ‘Are we collecting the proper taxes?’ That’s all it is,” he said.State revenue from cannabis taxes, licensing costs and other fees goes into the Cannabis Regulation Fund, which is used to fund a host of programs, including cannabis offense expungement, the general revenue fund, and the R3 campaign aiming to uplift disinvested communities.For fiscal year 2024, nearly $256 million was paid out from Cannabis Regulation Fund for related initiatives, which includes almost $89 million transferred to the state’s general revenue fund and more than $20 million distributed to local governments, according to the Illinois Department of Revenue.Medical access still limitedThe state’s 55 medical dispensaries that predate the 2020 legalization law, mostly owned by publicly traded multistate operators that had been operating in Illinois since 2014 under the state’s medical marijuana program, were automatically granted a right to licenses to sell recreationally in January 2020. That gave them a dual-purpose license that no new entrants into the market can receive under current law.Since expanding their clientele in 2020, Illinois dispensaries have sold more than $6 billion worth of cannabis products through recreational transactions alone.Nearly two-thirds of dispensaries licensed to sell to medical patients are in the northeast counties of Cook, DuPage, Kane, Lake and Will. Dual-purpose dispensaries only represent about 20 percent of the state’s dispensaries.While the state began offering recreational dispensary licenses since the adult-use legalization law passed, it has not granted a new medical dispensary license since 2018. That has allowed the established players to continue to corner the market on the state’s nearly 150,000 medical marijuana patients.But social equity licensees and advocates say there are more ways to level the playing field, including expanding access to medical sales.Johnson, who became the state’s top cannabis regulator in late 2022, expressed hope for movement during the fall veto session on House Bill 2911, which would expand medical access to all Illinois dispensaries.“We would like every single dispensary in Illinois to be able to serve medical patients,” Johnson said. “It’s something that medical patients have been asking for, for years.”Johnson said the bill would benefit patients and small businesses.“It’s something we desperately want to happen as a state system, because we want to make sure that medical patients are able to easily access what they need,” she said. “We also think it’s good for our social equity dispensaries, as they’re opening, to be able to serve medical patients.”Rep. Bob Morgan, D-Deerfield, who was the first statewide project coordinator for Illinois’ medical cannabis program prior to joining the legislature, wrote in an email to Capitol News Illinois that the state needs to be doing more for its patients.“Illinois is failing the state’s 150,000 medical cannabis patients with debilitating conditions. Too many are still denied the patient protections they deserve, including access to their medicine,” Morgan wrote, adding he would continue to work with stakeholders on further legislation.Capitol News Illinois is a nonprofit, nonpartisan news service covering state government. It is distributed to hundreds of newspapers, radio and TV stations statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation, along with major contributions from the Illinois Broadcasters Foundation and Southern Illinois Editorial Association.

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