Politics
What are some of the new Illinois laws taking effect in 2024?
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SPRINGFIELD, Ill. — More than 300 new laws will take effect Jan. 1, ranging from a ban on book bans to the regulation of “deepfake porn” and prohibitions on videoconferencing while driving.Thanks to a law signed in 2019, workers at the lowest end of the pay scale will see a pay raise with the new year as the state minimum wage increases by one dollar, to $14 per hour.Gov. J.B. Pritzker championed and signed that law after it was approved by lawmakers within his first two months of office. The law gradually phases in a $15 per-hour minimum wage starting in 2025.The minimum wage applies to most workers 18 years of age and older. Teens who work less than 650 hours in a calendar year will go up to $13 an hour while the minimum wage for tipped workers will increase to $9 an hour.Also come Jan. 1, Illinoisans who own guns, ammunition and accessories prohibited under the state’s “assault weapons” ban will be in violation of the law if they don’t register them with the state. A federal judge last week chose not to temporarily halt the law’s enforcement while a broader legal challenge plays out. The U.S. Supreme Court also recently declined to stay the law.While permanent administrative rules regulating which guns and ammunition must be registered with the Illinois State Police remain in flux, temporary rules governing registration remain in effect.Other laws hitting the books include a measure granting paid leave to all workers, indoor vaping restrictions and a ban on youth solitary confinement in state correctional facilities, among others.Paid leave for allStarting Jan. 1, anyone who works in Illinois will be entitled to earn up to 40 hours of paid leave during a 12-month period, time they can take off work for any reason, regardless of whether they are full-time, part-time, or seasonal employees.The Paid Leave for All Workers Act passed during the lame duck session in January – a session that was called primarily to pass the assault weapons ban. Pritzker signed it into law March 13.“That is a game changer for many employers, particularly those who have not previously offered any type of paid leave to their employees,” Scott Cruz, a labor attorney, said during an interview with Capitol News Illinois in November.In particular, he said, the law will be a major change for waiters, waitresses and other workers in the hospitality industry who have never received paid leave benefits in the past.The Illinois Department of Labor has published a list of frequently asked questions to help guide employers and employees through the new law.Banning book bansLibraries in Illinois will lose access to grants administered by the secretary of state’s office after Jan. 1 if they ban books or other material “because of partisan or doctrinal disapproval.”The so-called ban on book bans, House Bill 2789, was an initiative of Secretary of State Alexi Giannoulias. The secretary of state in Illinois also serves as the state librarian, which awards millions of dollars a year in grants to public and school libraries around the state.Under the new law, libraries must either adopt the American Library Association’s Library Bill of Rights or develop a written statement prohibiting the practice of banning specific books or resources.Giannoulias said he proposed the legislation after extremist groups targeted Illinois libraries with efforts to ban certain materials from circulation.“The concept of banning books contradicts the very essence of what our country stands for,” he said in a statement. “It also defies what education is all about: teaching our children to think for themselves. This landmark law is a triumph for our democracy, a win for First Amendment Rights, and a great victory for future generations.”Digital forgeriesLawmakers this spring approved a new protection for victims of “deepfake porn.” Starting in 2024, people who are falsely depicted in sexually explicit images or videos will be able to sue the creator of that material.The law is an amendment to the state’s existing protections for victims of “revenge porn,” which went into effect in 2015.In recent years, deepfakes – images and videos that falsely depict someone – have become more sophisticated with the advent of more readily available artificial intelligence tools. Women are disproportionately the subject of deepfake porn.Some sponsors of the legislation, notably chief sponsor Rep. Jennifer Gong-Gershowitz, D-Glenview, have indicated interest in further regulating the use of artificial intelligence.Zooming while drivingStarting on Jan. 1, it will be illegal for Illinois drivers to participate in videoconferencing or check their social media pages while behind the wheel.The law adds the use of any mobile videoconferencing software, explicitly referencing Zoom, Microsoft Teams and Webex, to banned actions under existed distracted driving laws.The law also specifically names social media sites Facebook, Snapchat, Instagram and “Twitter,” which was rebranded to X a few months after the law’s passage.Illinois law currently bans cell phone use generally while driving, although it does allow drivers to use phones through hands-free or voice-activated means. In 2022, more than 24,000 drivers were cited for distracted driving in Illinois, according to the secretary of state’s office.Illinois drivers continue to be able to use cell phones in handheld mode if they are reporting an emergency, are parked on a road’s shoulder or if they are stopped due to a traffic obstruction and the vehicle is in neutral or park.Vaping indoorsPeople who use electronic cigarettes or vaping devices will now face the same restrictions as cigarette smokers.It’s an update to the state’s Smoke-Free Illinois Act, which banned smoking in most indoor public spaces and within 15 feet of building entrances in 2008. “Public places” include restaurants, theaters, offices, stores, libraries, schools, polling places, all government-owned buildings and banks among others.Tobacco stores and vape shops are exempt from the law, as well as some other facilities, such as smoking rooms at nursing homes, some hotel rooms and tobacco conventions.The U.S. Centers for Disease Control and Prevention reported this summer that in 2021, nearly 5 percent of adults were e-cigarette users, although that figure was 11 percent among people 18 to 24.Other new lawsYouth solitary confinement: House Bill 3140 prohibits solitary confinement in youth detention facilities for any purpose other than temporarily preventing serious and immediate risk of physical harm.Grocery initiative: Senate Bill 850 created a Grocery Initiative program which will receive $20 million to fund grants and financial aid to grocery stores opening or operating in “food deserts.” It also requires the Department of Commerce and Economic Opportunity to study food deserts.Underground Railroad task force: Senate Bill 1623 creates the Underground Railroad Task Force to develop a statewide plan for creating a “cohesive statewide history” of the Underground Railroad and developing new educational and tourism opportunities.Utility shutoffs: House Bill 1541 prohibits utilities from shutting off gas or electric services due to nonpayment of bills when the temperature exceeds 90 degrees or there is a heat advisory in effect.Rearview mirrors: It’s long been illegal in Illinois to hang an object that obstructs a driver’s view from a rearview mirror. House Bill 2389 maintains that driving with such an obstruction is prohibited, but it also prevents law enforcement from stopping and searching a vehicle solely because the driver is violating that law.Civil rights violation: Under Senate Bill 1817, anyone who considers immigration status during a real estate transaction, including purchase and rental transactions, could be guilty of a civil rights violation.Dangers of fentanyl: House Bill 3924 requires high schools to teach students about the dangers of fentanyl in state-required health courses. The coursework would include differentiating legal and illegal uses of the drug, details about “the process of lacing fentanyl in other drugs and why drugs get laced with fentanyl,” as well as information on how to detect fentanyl in drugs and how to save someone from an overdose.Fentanyl test strips: House Bill 3203 allows pharmacists and retailers to sell fentanyl test strips over the counter.Bears and primates: Senate Bill 1883 prohibits keepers of bears and nonhuman primates from allowing members of the general public to come into contact with them. Violators of the law would be subject to a Class B misdemeanor. “General public” does not include employees at the facility where the animal is kept, veterinarians or professional film crews.Capitol News Illinois is a nonprofit, nonpartisan news service covering state government. It is distributed to hundreds of print and broadcast outlets 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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Politics
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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