This issue of the Taxpayers' Federation's Tax Facts focuses on the hottest topic in Illinois taxes today: a proposal to amend Illinois’ constitution. Voters this fall will decide whether to authorize a change to Illinois’ 50-year-old flat-rate income tax and permit one imposed instead at graduated rates.

The comparisons of six hypothetical families and their tax liabilities in seven different states, including Illinois before and after the proposed rate changes are fascinating. Even with a significant tax rate increase on the high-income families, Illinois’ was not the highest tax bill. Take a look and see how various Illinois taxpayers will be impacted.

On Thursday, the House Special Investigative Committee convened in a primarily procedural meeting to begin its investigation of House Speaker Michael Madigan’s dealings with utility company ComEd. The charges in the petition the Republicans filed against Madigan accuse him of engaging in conduct unbecoming of a legislator and violations of the public trust in connection with the bribery allegations outlined in ComEd’s agreement with the federal government. The bipartisan committee, which was formed last week, is comprised of three Democrats and three Republicans. The committee has voted unanimously to contact U.S. Attorney’s office for further guidance as to not “interfere in any way with the federal investigation,” and will wait for a response to set a schedule beyond the first meeting. As discussed last week, for this process to move forward, a majority vote of the committee is required. Although Madigan has yet to be officially charged, evidence has come forward that implicates the speaker in a bribery scheme involving ComEd. Republican Representative Tom Demmer stated that, “We have an admission of facts from Commonwealth Edison to the federal prosecutor’s office that have laid out a series of very concerning occurrences that happened,” claiming that the facts are “uncontested” and calls upon the speaker to contest those statements if he believes they are not true.

Last Friday, federal prosecutors filed a bribery conspiracy charge against a former senior ComEd executive. The filing, a criminal information, indicates Fidel Marquez, previously senior vice president of government affairs at the utility, intends to plead guilty and is cooperating with the ongoing investigation. Among the allegations contained in the filing are that Marquez funneled a $37,500 payment to a company, a “substantial portion” of which was intended for associates of “Public Official A”, who is widely known to be the longtime House Speaker.

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On Wednesday Governor JB Pritzker announced additional coronavirus mitigation measures to be imposed in Region 4 (Metro East) following identical measures implemented in Region 7 (Will and Kankakee counties) last week. Two weeks ago during a press conference, Pritzker warned that, if the regions’ positivity rate continued to grow, more restrictions would be imposed. Both Region 4 and 7 are currently above the 8 percent positivity rate threshold. Specifically in Region 4, within those two weeks, the regions saw a 7-day positivity rate above 8 percent. Due to the increase in positive cases, Pritzker imposed the new mitigations in order to lower the positivity rate. “Let me be clear: these are not decisions I make lightly, nor would I impose these restrictions if there wasn’t evidence of increasing spread of the virus in these areas; I want our businesses to be open, and I want our hospitality scenes to thrive,” Pritzker said. These new restrictions imposed for both regions include:

• a prohibition on indoor eating and drinking and closing of bars and restaurants at 11 PM daily and reopening after 6 AM;
• social gatherings limited to lesser of 25 guests or 25 percent capacity, including at gaming facilities;
• a ban on party buses; and
• a ban on visitation to long-term care facilities.

Public health officials will continue to monitor the region’s positivity rate. If the rate drops to 6.5 percent or lower over the next two weeks, the region will revert to the state’s phase 4 guidelines. But, if the state continues to see a growth in positive cases, the officials will be forced to consider stronger restrictions.

On Sunday, Gov. JB Pritzker and the Illinois Department of Public Health announced new mitigation efforts for the Metro East region downstate that went into effect Tuesday. This particular region has seen three consecutive days of a test positivity rate of 8 percent or higher, which calls for the implementation of tighter restrictions. These restrictions are similar but less strict than the restrictions Illinois saw in the earlier days of the virus: closing of bars, restaurants, and casinos by 11 p.m., ban on party buses, and a reduction of gathering sizes to the lesser of 25 people or 25 percent of room capacity. If rates do not decrease after 14 days, tighter mitigation will occur. “If the data shows we need to go backward in our reopening, I won’t hesitate to tighten restrictions to protect our collective health,” Pritzker said in the news release. Through tightening restrictions in the Metro East areas, Pritzker and IDPH hope to decrease the ever-increasing cases in the region.

Earlier this week, Gov. JB Pritzker and the Illinois Department of Public Health won a ruling against three Illinois school districts who claim they do not need to enforce the wearing of masks for in-person learning. In July, Pritzker filed a lawsuit to prevent the spread of coronavirus in school by ensuring that students wear face masks to school if classes were to be resume in person. Last month, Families of Faith Christian Academy in Channahon wrote letters in opposition to this lawsuit, citing the Illinois Supreme Court Rule in 1922 that states that the government cannot make rules “which merely have a tendency to prevent” the spread of infectious diseases. Others noted that, because there are technically no consequences for those who do not wear masks, these rules should be considered recommendations for school districts. Last week, the Hutsonville school board voted 4-3 to comply with the state health guidelines released in June that set instructions for the safe congregation in schools from kindergarten through college in order to prevent the spread of the disease.

On Tuesday, the Joint Committee on Administrative Rules approved a new IDPH mask rule, supported by Governor Pritzker that could impose fines up to $2,500 for “rogue” businesses failing to mandate facial coverings and social distancing. Enforcement will differ statewide, as local prosecutors will be the ones deciding whether or not to pursue fines. The rule also establishes a warning process, where businesses are first given warning from local public health or law enforcement officials as well as a separate citation for non-compliance before fines are imposed. IDPH stated that the expectation of this rule is not to achieve 100% compliance, but rather to compel businesses to make efforts such as signage, requiring masks and social distancing, and if possible, providing masks and asking uncompliant customers to leave. The rule also protects businesses from being held liable for the actions of uncompliant customers; as long as they are taking “reasonable measures”, they will not be fined. 

Tuesday’s JCAR meeting also saw the approval of the Department of Commerce and Economic Opportunity’s rules governing the Local CURE program, which was authorized in May’s state budget. The $250 million program will distribute funds to cities, counties, and other units of government to cover expenses such as COVID-19 testing, emergency medical expenses, payroll expenses for public safety, and other expenses that are necessary for responding to the public health emergency. Last month, the Illinois Municipal League raised concerns about the inability to use these funds to support local businesses adversely impacted by the pandemic, something the federal government allows but the state’s rules don’t. In response to the concerns, DCEO said they would make an initial $15 million in separate funding available for local businesses, potentially rising to $30M. Additionally, the Business Interruption Grant Program (BIG), was established to distribute over $600 million in funding to businesses across the state. Governor Pritzker announced the first round of BIG grants, totaling $46 million, have been awarded to over 2,600 businesses in 78 of Illinois’ 102 counties. Priority for these grants was given to businesses that did not qualify for federal funding through the Paycheck Protection Program. DCEO stated another key focus of the program is equity, with half of first-round grants going to minority-owned businesses and more than $24 million being awarded to those areas disproportionally affected by COVID-19. Upcoming rounds of funding will target sectors that may not return to normal for many months, such as entertainment and the performing arts, as well as childcare services. 

In March 2020, as the coronavirus pandemic took hold, the U.S. economy went into free fall. Retail sales plummeted, unemployment skyrocketed, businesses shuttered, uncertainty abounded. The fiscal impact of these swift economic changes were felt immediately in cities across the country. Sales and income tax revenues were the first to be hit, and cities that rely on these sources, like Cincinnati, OH and Tulsa, OK, were forced to take immediate draconian actions.1 Even property tax revenues, which typically take longer to respond to economic changes, started showing signs of weakening as economic hardship dampened real estate demand and the ability of many to afford their mortgage.

Given that most cities’ FY 2020 budget captures only a couple of months of the pandemic recession, FY 2020 more closely represents a pre-recession baseline of city fiscal conditions for most cities. FY 2021 budgets (which start for many cities in July 2020) begin to more fully capture the fiscal impacts felt by cities across the country. As the virus persists, the toll on city finances is set to be more severe than that experienced during the Great Recession.

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Executive Summary: The Principles of Policing and Recommendations to Achieve Them

On June 30, 2020, we issued a Statement of Principles for reform. The Principles we adopted build upon the core modern policing principles first articulated in 1829 by Sir Robert Peel to address the concerns that the people of London had about standing up a police force in their community. Peel’s Principles stand for the ideas that the police exist to prevent crime and that the legitimacy of the police to keep the public safe derives from public consent and trust. We have refreshed Peel’s Principles here and used them to frame our recommendations so that our American cities can meet this moment.

There is widespread consensus about what needs to be done to reform policing in America. In issuing this Report, we build on previous efforts to address police reform, including the May 2015 report of the President’s Task Force on 21st Century Policing, our own reports on police-community relations in 2015 and 2016, and years of research and reports from the Police Executive Research Forum, including the Guiding Principles on Use of Force. 

On Wednesday, ComEd pleaded not guilty to bribery, despite it admitting it took part in a scheme that allegedly sent $1.3 million to allies of House Speaker Michael Madigan while simultaneously attempting to gain the speaker’s support for favorable legislation. Although lawyers had previously claimed that no plea would be necessary, U.S. District Judge John Kness insisted on a formal plea during ComEd’s arraignment. Additionally during the Wednesday hearing, Kness agreed to delay the case against ComEd for another three years. Part of the deal also calls for ComEd to pay a $200 million fine, the largest criminal fine in Chicago’s federal court to this date. ComEd is able to split this payment by paying half of the fine this month and the other half by October.  The details of the scheme outlined in the court filings implicate the involvement of several other individuals, most notably Michael Madigan, but no one else has been charged at this point.

Seeing 1,759 new cases and 30 deaths within 24 hours this Wednesday, Illinois’ coronavirus cases have consistently been increasing throughout the state as the different regions begin to see an uptick in new cases. Two weeks ago, 10 out of the 11 regions had a positivity rate below 5%. Now, only four out of the eleven are below 5%. Pritzker called upon local officials to identify the causes of local outbreaks and to take any measures needed in order to cease the spread of the virus. Pritzker warned that without preventing outbreaks at the local level, the state will impose stricter regulation in order to reduce the spread of the virus. Pritzker said that “it’ll only be a matter of time before [the state] will be forced to step in on a regional basis and impose resurgence mitigation measure,” such as re-closing public dining and bars.

Graduated Income Tax Hike Disproportionately Affects Women & Minorities, Shrinks Illinois Economy by Nearly $2 Billion, Increases Consumer Costs, Leads to Reduced Household Spending

SPRINGFIELD, IL – An independent analysis conducted by Berkeley Research Group in conjunction with Ariel R. Belasen, Professor at SIUE, shows that passage of the graduated income tax on the November ballot would have devastating consequences to Illinois’ economy, consumers and jobs. If passed, the Tax Hike Amendment would shrink Illinois’ economy by nearly $2 billion, increase consumer costs by $332 million, lead to out-migration that would reduce household spending, and result in disproportionately more job losses in hospitals, restaurants and individual and family services that tend to employ more women and minorities.

The authors of the study were granted complete independence to provide an objective analysis of the effects of the proposed Income Tax Hike Amendment.

Read on ILChamber.org

Property Tax Reliance Down, but New Demands for State Funds Loom

by Mike Klemens, Presented by Taxpayers' Federation of Illinois

Local property tax contributions to public school funding are 50 percent of the total, according to an Illinois State Board of Education (ISBE) report.  The same report puts state funding at 40 percent, the highest level in 18 years.  A separate – and more widely cited – ISBE report says that property taxes account for 61 percent of school funding while the state’s contribution is at 27 percent.

Pressure from fellow legislators began to increase this week on House Speaker Michael Madigan to resign from his leadership roles in both the state House and the Illinois Democratic Party in the ongoing fallout from the ComEd bribery scandal. On Wednesday, Democratic state Representative Terra Costa Howard called for Madigan to step down, saying “even if he was not directly involved in this scheme, these accusations clearly demonstrate that the Speaker’s leadership has failed.” Costa Howard defeated Republican Peter Breen, then the party’s floor leader, in 2018; a rematch of this race is occurring this year.

On Thursday morning, state Representative Stephanie Kifowit delivered a letter to Speaker Madigan asking him to resign his speakership. In the event that he chooses not to step down, Kifowit wrote that she will not vote to re-elect Madigan as Speaker. Later in the day, Representative Kelly Cassidy called on Madigan to resign from both leadership roles. This marks four House Democrats that have called for Madigan’s resignation in some form, as Rep. Anne Stava-Murray of Naperville had previously urged him to do so. Notably, however, Stava-Murray did not vote for Madigan for speaker in January 2019, so the two never had much of a relationship.

Illinois must respond to historic economic collapse

"Today's announcement of a 32.9 percent drop in U.S. GDP, the largest on record, reiterates what the Chamber has been saying all along - that the government must address both the economic and public health crises simultaneously," said Illinois Chamber President and CEO Todd Maisch.

"These dual crises necessitate that the administration weigh the priorities of job creators on equal footing with the dictates of scientists. While Illinois is releasing daily public health metrics, we cannot have state government considering economic metrics as an inconvenient afterthought. COVID-19 has created both crises, but we have to recognize that government decisions have contributed to the implosion of our economy.

Read on ILChamber.org

Illinois Legislative News

Following last Friday’s significant news that ComEd admitted to bribery and agreed to pay a $200M fine as part of a three-year deferred prosecution agreement, Governor J.B. Pritzker told the press at an unrelated news conference that “The speaker has a lot to answer for—to authorities, to investigators, and most importantly to the people of Illinois.” He then added, “I am deeply troubled, and frankly I’m furious with what is being reported”, and if the allegations are true, “there is no question he will have betrayed the public trust and must resign”. House GOP leader Jim Durkin echoed the governor, adding “if the allegations are true, he needs to resign immediately”. Chicago Mayor Lori Lightfoot had been hesitant to call for House Speaker Michael Madigan’s resignation, citing the current lack of criminal charges and stating that “If those allegations are true, obviously he should resign. But we don’t know that they are true yet.” She has rather focused on ComEd, calling for the company to explain itself, its business dealings, and the new reforms implemented to prevent future misconduct. House Energy Committee Chair Ann Williams has rejected calls from Republicans for public legislative hearings on the ComEd matter, stating that “a legislative committee is not the appropriate place to investigate a criminal matter.” Williams did state that she would introduce legislation to “hold utilities accountable and take the politics out of setting fair energy rates”, but did not provide a timeline for such legislation. Rep. Williams is also the lead sponsor of the proposed Clean Energy Jobs Act, which would subsidize nuclear-power plants owned by Exelon. The Illinois Commerce Commission, which regulates the state’s public utilities, requested ComEd appear before the Commission’s open meeting on July 29^th to address recent developments; this will be followed a Chicago City Council hearing the following day.  

Governor Pritzker suspended the bipartisan energy working group that has been considering an omnibus energy package, including additional green energy requirements and other changes. The governor’s top spokeswoman said “it is imperative that any clean energy legislation in the future has the full confidence of the public.”

Illinois Extension Community and Economic Development Survey: COVID-19 Crisis

This report summarizes the results of a survey conducted from May 11 – 24, 2020 by the University of Illinois Extension’s Community and Economic Development (CED) team. The survey was designed to identify the ways communities, governments, and businesses were responding to the COVID-19 crisis. The survey asked respondents to list the types of information and methods for communication that will allow Extension’s Community and Economic Development team to serve those needs most effectively.

See the Survey Here

Illinois Legislative News

In a significant development on Friday morning, the US Attorney’s Office in Chicago filed a criminal information charging ComEd, the state’s largest electric utility, with bribery. As part of a three-year deferred prosecution agreement, ComEd has agreed to pay a $200 million fine to resolve claims it bribed public officials for favorable action. Specifically, the utility admits “it arranged jobs, vendor subcontracts, and monetary payments associated with those jobs and subcontracts, for various associates of a high-level elected official for the state of Illinois, to influence and reward the official’s efforts to assist ComEd with respect to legislation concerning ComEd and its business.” According to the filing, that high-level elected official – referred to as “Public Official A” – is Illinois House Speaker Michael Madigan. Per the statements of fact, from 2011 through 2019, ComEd engaged in these activities as the General Assembly was considering many pieces of legislation which had a substantial impact on ComEd’s business. This includes the Future Energy Jobs Act – passed in 2016 – and the Energy Infrastructure and Modernization Act – passed in 2011.

Friday’s developments follow an investigation into public corruption that had swirled around ComEd and Madigan’s close associates for months but had never specifically implicated the longtime House Speaker. A hearing in the case has not yet been scheduled, but additional developments are likely.

Illinois Legislative News

The lawsuits over the extent of Governor Pritzker’s authority during a declared disaster continue, with rulings in two cases late last week. In the first case, in federal court, the Illinois Republican Party sued the governor over the 50-person gathering limit, arguing that political parties should be able to hold gatherings of any size, citing their First Amendment rights. The state GOP sought the same treatment that houses of worship received, exempting them from this requirement. After losing the case, the party appealed numerous times, eventually asking Supreme Court Justice Brett Kavanaugh for a temporary restraining order and preliminary injunction from Pritzker’s order, which was denied. The party said it intends to appeal.  

In a second case, in state court, the governor lost his case against state Representative Darren Bailey’s attempt to void the state’s Executive Orders. Bailey was previously successful in getting a judge to exempt only him specifically from any subsequent orders beyond the initial Stay-at-Home order, which the representative then re-filed to apply to all the state’s residents. The same Clay County Circuit Court Judge – Michael McHaney – said that all of the governor’s EOs since April 8th are void. Crucially, the judge did not issue an injunction, with the governor’s office stressing that Phase 4 of the reopening plan remains in effect. McHaney’s ruling, which did not address all counts brought by Bailey, also recognized that the “proper authority” to close businesses and limit movements in a public health emergency lies with the Illinois Department of Public Health. The Attorney General’s Office is appealing the ruling, and a hearing in the case is set for July 17^th.

Tax Facts: An Illinois Chartbook – The Economy of Illinois

by Maurice Scholten

This issue of Tax Facts updates the Economic Overview chapter of TFI’s publication, Tax Facts: An Illinois Chartbook. As data used to compare Illinois to other states becomes available, we will continue to publish updated chapters. (For example, the February 2020 Tax Facts was an update to Chapter 2, a comparative overview of Illinois’ overall tax structure)

National League of Cities: Responding to Racial Tension in Your City

If you are picking up this document in a moment of crisis, we recognize that you are moving and acting with a sense of urgency. The National League of Cities (NLC) created this document to support you in this very moment.

NLC interviewed several current and former municipal leaders who have been through similar moments of crisis with racial tension. This document provides important contextual and tactical information to support your municipality’s efforts to respond effectively. It includes: