Illinois
Against all odds, piping plovers keep making history in Illinois
The myth persists of the cute little piping plovers at Montrose Beach kicking the ass of big bad corporate entertainment in 2019.
A shot of the Sun-Times cover headline — “LITTLE BIRDS VS BIG FESTIVAL” — was even included in Bob Dolgan’s film, “Monty and Rose.”
Although true that JAM Productions canceled Mamby on the Beach, the music festival expected to draw 20,000, the cancellation had more to do with near-record water levels on Lake Michigan in 2019 than Monty and Rose at Montrose.
I thought that David vs Goliath victory would end the viral story of the piping plovers that could. But five years later piping plovers, a small stocky shorebird, and their stories keep making history.
Dolgan has made two documentaries on them. Tamima Itani, who leads volunteers who watch over the Montrose piping plovers, wrote two children’s books, which helped raise $12,000. Naming of the piping plovers continues to draw vast interest.
Brad Semel, endangered species recovery specialist for the Illinois Department of Natural Resources, thinks this marks the first time since 1955 when two pairs of piping plovers successfully nested in Illinois.
On July 19, the three of four chicks that hatched at Waukegan fledged. On Tuesday, the lone surviving chick of four at Montrose fledged.
“This beautiful bird with a melodious call [is] foraging in the rare panne wetland and wind swept dunes with the backdrop of the third largest city in the country literally across the street,” Semel explained. “So much contrast people seem drawn to what is happening. And then on the isolated beach 30 miles to the north where the faint skyline is still seen and these birds are dealing with the same threats of peregrine falcons, botulism, storms, and yet so few people can see them directly because they are on a private beach without public access. All that happens `behind closed doors’ but still is happening: such contrasts again.”
The Great Lakes population of piping plovers was added to the endangered species list in 1984. This year the Great Lakes population had its most nesting pairs (81) since being listed. At least some credit should go to Monty and Rose. The eastern population is listed as threatened.
The mating of Monty and Rose at Montrose Beach in 2019 started an explosion of interest in the endangered piping plovers and nesting attempts by various couples ever since at Montrose.
The viral saga began when Monty and Rose tried to nest in a Waukegan parking lot in 2018, which Semel said was “a terrible spot with drag racing, and the city wasn’t responsive to closing off the area.”
Much changed quickly. This year Waukegan made piping plover the city bird the day before piping plovers returned to a restricted beach there. In 2019, Monty and Rose nested at Montrose, the first in Cook County since 1948.
And a true community was born.
“This community of volunteers, birders, photographers, agency personnel, media representatives and visitors is diverse on so many levels, with people hailing from vastly different walks of lives, professions, income levels, sexual orientation, national origin, geographic residence, etc.,” Itani said in an email.
She noted that in 2021, Monty and Rose’s son, Nish, who hatched at Montrose in 2020, nested in Ohio, the first there in 81 years. Their son Imani, who hatched in 2021, returned to Montrose in ’22 and ’23, “Becoming the most celebrated bachelor on Lake Michigan’s shores and commanding the most expensive and desirable lakefront real estate,” as Itani put it.
The sole surviving piping plover chick of four hatched this year at Montrose Beach to Imani and Sea Rocket on Thursday.
Tyler Pasciak LaRiviere/Sun-Times
This spring Imani found a mate in Sea Rocket. They hatched four, including the one who survived and just fledged.
Montrose has become a living education center with people asking, “What are you looking at?”
Semel said a guy was there last week who flew into O’Hare for a meeting and came to Montrose because he heard the plovers were around. Birders came from all over the world, “some from England the other day.” He often hears languages spoken that he doesn’t recognize.
“People visiting from out of town routinely stop at Montrose to see the plovers,” Itani emailed. “People make the trip into the city from the suburbs in order to see the plovers.”
Bird monitors at Montrose Beach on July 10 look out for an adult plover and her chicks.
Tyler Pasciak LaRiviere/Sun-Times
People offer binoculars to those who don’t have them. The monitors in their orange shirts answer questions. On social media there’s almost a constant news feed. Itani said that people from Great Britain posted condolences when Monty died in 2022; visitors came from Turkey this year.
Some credit goes to Montrose Beach.
“It is the juxtaposition of wonderful beautiful dunes with rare plants and stewards who care for them,” Semel said. “After it was fenced off for piping plovers, all these birds (willets, whimbrels, avocets, burrowing owl) were finding a wonderful place. There are all sorts of rare birds that show up and find this resting spot.”
Multicolored beach umbrellas shield beachgoers at Montrose Beach.
Montrose, also the epicenter for fishing, soccer and other recreation in Chicago, has become the single location with the third most bird species east of Mississippi.
“Montrose allows for easy access and viewing of the plovers,” Itani said. “People’s faces melt the first time they see a piping plover chick through a scope. These plovers are banded and can be followed as they travel across the United States. One can also follow who they mate with, who their parents and grandparents are, etc., creating a strong connection with each individual plover. Naming the plovers has had a great impact, making the birds relatable.”
I worried that the emphasis on the piping plovers would draw attention away from other environmental and conservation work. Instead they build broader public support.
“The piping plovers at Montrose have become an umbrella species providing protection to many other species,” Itani said. “Now, shorebirds have a place to stop, rest and refuel on the protected beach without being constantly flushed by humans. “I would love for the interest in them to fuel broader interest. In particular in Chicago, we have at least two pressing problems that need to be addressed in an urgent manner: 1) the issue of bird collisions with glass and 2) the issue of bird deaths by rodenticide. The City of Chicago governing bodies have not shown the level of commitment and action via ordinance that other cities have demonstrated, such as” New York City.
Piping plover mates Rose (left) and Monty walk near the area sectioned off for the endangered birds at Montrose Beach in April 2021.
Ashlee Rezin/Sun-Times file
Illinois
Weather service assessing damage across Iowa, Illinois and Missouri
The National Weather Service has teams of storm surveryors in the field April 18 investigating several reports of severe storms and tornado touch downs across eastern Iowa, northwest Illinois and northeast Missouri.
According to the weather service’s website, windgusts of up to 60 to 70 mph along with teacup-sized hail and several tornadoes were reported April 17.
Many homes and outbuildings were damaged, trees were uprooted and power lines were downed in Lena, Illinois, where the most significant damage occurred, the site pointed out.
Very strong winds also were reported near Washington, Iowa, and Colmar, Illinois, where several outbuildings and grain bins were destroyed.
The weather service received reports of confirmed and possible tornadoes in the areas of Lena, Pecatonica, Shirland, Rockton, Roscoe and Capron.
The teams will be assessing damage this weekend into next week along with county emergency management teams to determine what types of storms occurred and their paths.
Dozens of power outages were reported, as well.
As of the afternoon of April 18, ComEd was reporting 85 active power outages across northern Illinois, down from 241 on April 17, and 6,751 customers affected, down from more than 18,000.
The bulk of those outages and the most customers impacted are concentrated in Jo Daviess and Stephenson counties.
Illinois
5 tornadoes confirmed in Illinois from Friday’s storms
Freeze Watch
from MON 12:00 AM CDT until MON 9:00 AM CDT, Lake County, Kankakee County, La Salle County, DuPage County, Northern Will County, DeKalb County, Southern Will County, Kendall County, Southern Cook County, Northern Cook County, Grundy County, Eastern Will County, Kane County, McHenry County, Lake County, Newton County, Jasper County, Porter County
Illinois
‘Credit card chaos’? Financial institutions bet big on repeal of first-of-its-kind Illinois law
“Credit cards may not work for sales tax or tips starting July 1.”
By now, you’ve heard that claim, but whether it’s true depends on who you ask.
The ads — funded by the Electronic Payments Coalition of banks, credit unions and card companies — argue that Illinois lawmakers must repeal the state’s first-in-the-nation Interchange Fee Prohibition Act, slated to take effect July 1. That law prohibits financial institutions from charging “swipe,” or interchange, fees on the tax and tip portions of consumer bills and bans them from making up the fees elsewhere.
If it’s not repealed? “Credit card chaos” may ensue, the ads warn.
While the financial institutions are quick to cite a list of things that could hypothetically happen if the law isn’t repealed, it’s harder to pin down what’s being done and by who to comply with the law two years after it was signed.
“The global payment system is not set up to where any one party to a transaction can make this happen on their own,” Ashley Sharp, of the Illinois Credit Union Association said at a Capitol news conference Wednesday. “There are multiple parties to every electronic transaction.”
The financial institutions are adamant that the global payment system as it exists today can’t discern the difference between tax, tips and total, and it would need to be retooled at a heavy cost to banks, card companies, merchants, point-of-sale companies and more.
Instead of complying, they say, the card companies could decide to stop serving Illinois or drastically alter the way the consumer interacts with merchants at the point of sale.
An alternate reality
But as with all matters in Springfield, there’s another big-monied and powerful group on the other side of the issue. The Illinois Retail Merchants Association says the credit card companies already track all the information they need, and it’s a “complete fabrication” to say that it would take more than a mere coding change to implement the state law.
Take your restaurant receipt, for example.
“You have the subtotal, the sales tax, the tip, if it’s applicable, and then the grand total, right? All they have to do is move their fee from the grand total to the subtotal,” Rob Karr, president of IRMA, said.
While card networks operate in over 200 countries with as many different laws, they say the only information the card processors ask for in any of them is the grand total. The receipt example, they say, erroneously conflates the point of sale with the actual processing of payments.
In short, the two sides present starkly different realities — a muddying of the water that’s not uncommon at the Capitol.
But there is one concrete truth: The financial institutions have a lot to lose, and not just in Illinois.
The tax and tip prohibition would shave approximately 10% off the revenue that banks and credit unions receive from retailers via interchange fees — a transfer of wealth likely to number in the hundreds of millions. It would also create massive noncompliance fines.
And then there’s the issue of precedent. The banks challenged the law but lost in court. Absent a successful appeal, the remaining battlefields would be other state legislatures.
If the card companies implement Illinois’ law, they’d be providing a blueprint for states across the nation to emulate — driving potential revenue loss into the billions.
Thus far, Ben Jackson of the Illinois Bankers Association said, it hasn’t opened the floodgates, although some 30 states are considering similar action.
Still, it’s no wonder then, that the Electronic Payments Coalition has pulled out all the stops in its seven-figure ad campaign to repeal the law.
How we got here
To fully understand the ongoing slugfest between banks and retailers, you have to go back to May 2024.
But first, an explanation of interchange fees. Each time a shopper swipes their credit or debit card, it sets off a complicated string of payments between banks. The retailer’s bank pays an “interchange fee,” typically around 1% to 2% of the transaction cost, to the consumer’s bank. The fees include both a set amount and a percentage of the transaction, but the credit card companies, namely Visa and Mastercard, control how they’re calculated.
The financial institutions say interchange fees help fund credit card reward programs and security upgrades and provide compensation for bearing the risk of fraud. The hit to interchange revenue, Jackson said, would inevitably lessen reward program offerings. Sharp said credit unions, as not-for-profit cooperatives, use the revenue to offer lower rates to customers.
But the fees have long drawn the ire of retailers and small businesses, which sometimes pass the costs directly to consumers via a surcharge on bills.
It comes down to this: The retailers don’t think they should have to pay a fee on the tax and tip portion of a transaction that they don’t keep. And the financial institutions say if they’re handling those funds, they should be compensated for doing so via interchange fees.
As for the Illinois law’s passage, it was, as the ads claim, tucked into the budget two years ago, giving little time for the bankers et al to mount an opposition campaign.
Gov. JB Pritzker and lawmakers agreed to raise about $101 million in revenue to plug a budget hole by putting a $1,000 monthly cap on the “retailer’s exemption,” a tax break retailers claim for being the state’s de facto sales tax collectors.
But the retailers weren’t going to take that lying down, and IRMA successfully lobbied for the long-sought tax and tip exemption.
After the law passed, the financial institutions quickly sued.
To avoid uncertainty as the case played out, lawmakers delayed the measure’s effective date from July 1 last year to the same date this year.
U.S. District Judge Virginia Kendall ultimately determined in February that Illinois is within its right to regulate the fees. She partially rejected a portion of the law that prohibited banks from sharing certain data, which the credit unions say creates different rules for different institutions and further uncertainty.
The case is now pending appeal, and the legislative process is starting anew.
This time, the financial institutions have mounted a dual front in the court of public opinion.
The cost of compliance
Karr estimated the prohibition would bring in “north of $200 million” for retailers — essentially letting them pocket that sum instead of transferring it to the banks. A study by the Electronic Payments Coalition pegged the number at $118 million, estimating that about 40% of the interchange windfall would go to the 40 largest retailers.
Even so, Karr said, the largest retailers are subject to the $1,000 monthly retailer exemption cap that accompanied the swipe fee ban, while smaller retailers don’t reach that mark. Add in their cut on reimbursed swipe fees, and it amounts to what Karr calls “the largest small business relief that Illinois has ever passed.”
But Jackson argued the cost of retailers complying could eat up any benefits for smaller retailers.
As for compliance, Kendall wrote in her February opinion that “It is an open question whether the transaction process could adapt to the impact of the IFPA in time.”
“The Interchange Fee Provision is indisputably disruptive, requiring additional investments, hires, and new procedures to replace the current process for authorizing and settling debit and credit card transactions,” she wrote.
The financial institutions argue it can’t all be done by July 1. Kendall said the parties involved know what’s required of them.
“But those procedural changes are the product of an ecosystem built by Payment Card Networks and financial institutions to facilitate consumer transactions,” she wrote. “And these entities understand the onus of IFPA compliance is on them.”
Per the coalition, compliance “would require coordination across the industry and regulators worldwide,” including with the International Organization for Standardization. It would also require more data collection, creating privacy concerns, they say.
Those global changes would require testing and certification of new equipment. Depending on their card companies or point-of-sale vendors, retailers may need to invest in new equipment, software and training.
Banks and credit unions may also have to add staff to process rebates under the law. It allows retailers or their processing companies to petition their financial institutions for reimbursement on fees charged on tax and tips within 180 days of a transaction.
If financial institutions don’t comply within 30 days, the law provides for civil penalties of $1,000 per each transaction — and hundreds of millions of these transactions happen annually.
So will that chaos come to fruition?
Instead of complying, according to the coalition’s literature, the card companies could just stop processing cards altogether in Illinois. They could also stop processing tax and tip portions or require two separate swipes for the subtotal and the tax and tip portion of bills.
Such claims aren’t uncommon in the legislature’s annual adjournment push.
Sports betting companies, for example, threatened to leave Illinois when the state raised its gambling taxes in the same budget cycle that yielded the interchange fee prohibition two years ago. Instead, they adapted, because Illinois has a lot of bettors — and there’s even more card users.
Karr accused the coalition of ulterior motives in their use of hypothetical language.
“There is no need for chaos,” he said. “The only chaos is if the credit card companies impose it themselves on their consumers.”
Ultimately, lawmakers will have to weigh how compelling the arguments are, if the courts don’t intervene first.
It’s possible that the 7th Circuit appellate court — or even the U.S. Supreme Court — gives the banks a win. But oral arguments are slated for May 13, meaning the appellate court might not rule by the time the law is slated to take effect.
Adding a new wrinkle on Wednesday, the federal office of the Comptroller of the Currency, a subset of the U.S. Treasury Department, appeared poised to issue an order preempting Illinois’ law. It hadn’t been published as of late Wednesday, making its impact unclear.
“While the office has failed to explain their reasoning or allow public review, it’s clear the goal is an end-run around the legal process after a judge recently upheld the law,” Karr said.
As for the legislative prospects, state Rep. Margaret Croke, D-Chicago, says she’s seen enough to be concerned. The Democratic nominee for comptroller is sponsoring a bill to fully repeal Illinois’ interchange fee prohibition.
But as of last week, she said she wasn’t planning to move it. Instead, she finds it more likely that lawmakers once again delay the law’s implementation.
“If this is a policy that the state of Illinois decides they’re going to want to have, then we need to make sure we’re doing it properly,” she said.
___
This story was originally published by Capitol News Illinois and distributed through a partnership with The Associated Press.
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