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$6.1 million for four months at CME

Monday, Apr 8, 2013 - Posted by Rich Miller

* Wondering where that $100 million CME tax break went?

CME Group Inc. paid its former CEO Craig Donohue $6.1 million last year, making him its highest-paid executive even though he held the post for only the first four months of 2012, according to a regulatory filing on Monday.

Donohue’s total compensation, including salary, bonus and stock and option awards, exceeded his previous year’s take of $6 million, the company’s 2013 proxy statement showed.

That was more than Phupinder Gill, who succeeded Donohue as CEO on May 1, 2012. Gill received total compensation of $3.3 million last year.

And it was more than Executive Chairman and President Terrence Duffy, whose total compensation was $4 million.

Rant away.

  35 Comments      


Quotables and a roundup

Monday, Apr 8, 2013 - Posted by Rich Miller

* Sen. Terry Link, speaking about trying to pass a gaming expansion bill and Gov. Pat Quinn’s demands

“We have to figure out how (the bill) gets passed before we can do anything else,” Link said of accommodating Quinn’s demands. “At last count, I don’t remember him passing any legislation in his lifetime.”

* From the National Organization for Marriage

“Any Republican in Illinois who betrays the cause of marriage will be casting a career-ending vote and will be held accountable to their constituents,” said Brian Brown, president of the National Organization for Marriage.

* Gov. Pat Quinn, speaking at Roger Ebert’s funeral

“We love you, Roger, we always will. Thumbs up.”

* Joe Walsh: “How To Save Illinois in Eight Simple Steps”

1. Eliminate the individual state income tax and the state corporate tax.
2. Give every parent in the state a school voucher to send their children to whatever school they want to send them to — public, private, religious, or home.
3. Place every government employee on a defined contribution, 401(k) style retirement plan.
4. Begin immediately tapping into our natural gas and oil reserves.
5. Eliminate township governments.
6. Give every law-abiding adult the right to carry a concealed weapon.
7. Have a federal prosecutor investigate how Michael Madigan and his legal clients have benefited financially at taxpayer expense from his role as Speaker.
8. Tell Judy Barr Topinka to retire.

* From a 2005 Kanye West song about the violence in Chicago

“From the place where the father’s gone, the mothers is hardly home/And the Madigon’s lock us up in the Audy Home.”

The explanation

An early reference to Chicago’s institutional dysfunction involves a double entendre. “Madigon” can double as a slur and a reference to an Illinois political power-family, the Madigans. Lisa Madigan, the Illinois attorney general known for her tough stance on gang violence, is the adopted daughter of another bigwig in state politics. Michael Madigan has been speaker of the Illinois House of Representatives for the better part of a quarter-century. The Audy Home, meanwhile, is an infamous under-18 prison in the Chicago area.

* Roundup…

* Southern Illinois counties seeing first of fracking rush: Hundreds of thousands of dollars in fees have flowed into county coffers from a stream of “land men,” often out-of-staters who converged in recent years to scour title records for prime parcels for exploration. County clerks funneled much of that windfall into digitizing bulky, age-yellowed record books that took a toll from all the frenzied searches.

* Economic development privatization plan hit - Critics say accountability would be cut

* Editorial: Illinois can’t afford to raise minimum wage

* ComEd hit with $182 million class-action lawsuit over ’smart-meter’ program delay

* Reeder: A broke Illinois votes for unknown budgets

* Quinn signs ‘Sister Lake’ deal in Mexico

* Debt piles up behind bars: An Illinois prisoner can accrue tens of thousands of dollars in child support debt while incarcerated because of Illinois child support laws.

* Logan Correctional Center: Prison inmates housed in gym: The Illinois Department of Corrections placed about 30 female prisoners into temporary dorm units at the Logan Correctional Center’s gymnasium on Wednesday, according to IDOC spokesperson Stacey Solano.

* Illinois legislators looking at $1.4 billion prison contract: A more serious concern was when the prison’s EKG machine was out of order for 9 months.

* Diplomat Killed on Afghan Mission She Coveted: “Only 25 years old, this brave young woman knew social justice was her calling, and selflessly lost her life while serving others in a war-torn country,” [Gov. Pat Quinn] said. “She was devoted to protecting America and improving the lives of others.”

  32 Comments      


Question of the day

Monday, Apr 8, 2013 - Posted by Rich Miller

* I went to see Dwight Yoakam last night. I’d heard earlier that a friend of mine had seen him walking with a cane near his hotel and wondered how the show would go. From my seat in the bleachers I could see Yoakam hobbling back stage. It looked like the poor guy could barely walk.

But then Yoakam hit that stage and played for over two hours, dancing away while belting out song after song, plus an encore.

From an SJ-R preview

Yoakam’s most recent album is last year’s “Three Pears.” The title of the album was inspired by a scene in a George Harrison documentary that showed John Lennon playing around with three pairs of glasses. Yoakam liked the contrast between the serious personae that Lennon had developed at that point in his life and the playfulness being depicted on screen.

Three pairs became “Three Pears,” which then became one of the most critically-acclaimed albums of 2012. Yoakam appeared on more critic’s year-end lists than any other country artist, including NPR’s “50 Favorite Albums” and Rolling Stone’s “50 Best Songs,” for the single “A Heart Like Mine.”

He emerged on the national scene in 1986 with the album, “Guitars, Cadillacs, Etc. Etc.” The title track hit No. 3 on the Billboard Hot Country chart, and then 26 years later inspired a local business owner to name his new bar Guitars-n-Cadillacs Saloon.

I heard he ended up at that bar last night, but I had to go home. Duty calls. I did wake up feeling kinda bad this morning, but that image of Yoakam struggling to walk and then toughing it out onstage got me out of bed. The man is a true professional and an inspiration. Above all else, though, he’s one heck of an artist.

* A Heart Like Mine

Yoakam is playing at the Paramount Theater in Aurora on Wednesday. You should really try to go if you can.

* The Question: Seen any good shows lately? Explain.

  25 Comments      


*** LIVE *** SESSION COVERAGE

Monday, Apr 8, 2013 - Posted by Rich Miller

* There are a half dozen House committees scheduled for this afternoon, so let’s crank ‘er up again.

Blackberry users click here

  Comments Off      


*** UPDATED x1 *** The “important public purpose” loophole

Monday, Apr 8, 2013 - Posted by Rich Miller

* After going through the standard explanations of why state courts could use the Illinois Constitution’s strict language to strike down most of the pension reforms currently being debated, Laurie Reynolds, the Prentice H. Marshall Professor of Law at the University of Illinois talks about another possibility

The other interpretive path is that no provision of any constitution is absolute, no matter how absolute its language. The U.S. Constitution, for example, has a “contracts clause” that explicitly states “No State shall make any law … impairing the obligation of contracts.” Just like the Illinois pension clause, that clause appears on its face to impose an absolute ban on any law that would impair contractual obligations.

If you were to read the U.S. Supreme Court’s case law interpreting that provision, however, you would find that the court has interpreted the clause to mean that, “No state shall make any law impairing the obligation of contracts … unless the impairment is reasonable and necessary to serve an important public purpose.”

If the Illinois Supreme Court takes this approach to the interpretation of the pension clause, then the constitutionality of any legislative action to solve the pension crisis is going to depend on how clear and convincing the evidence is that the state is in a disastrous fiscal crisis. If the state of Illinois can establish that there are no reasonable alternatives to reducing benefits that have accrued – and that, for instance, tax increases and spending decreases just can’t fill the hole – then I don’t think the Illinois Supreme Court is going to issue an opinion that would in essence push the state of Illinois into default. If, in contrast, a strong case can be made that the state can meet its unfunded pension obligations without running itself into the ground, then the court is more likely to invalidate the legislative cuts.

* Reynolds was also asked about a recent Arizona case

Q: Recently, an Arizona Superior Court overruled an attempt to lower cost-of-living-adjustments for existing employees. Arizona also has a constitutional impairment clause similar to the one in Illinois. What, if anything, can we conclude from this precedent?

Reynolds: Each state is the “master” of its own law. Illinois courts do not have to follow the decisions of courts in other states and the court decision in Arizona is technically irrelevant to Illinois. While courts of one state do occasionally cite decisions from another state, there are remarkably few cases in which one state court uses a different state’s court opinion as a persuasive precedent. On the other hand, state courts routinely parrot federal constitutional and statutory interpretation cases in developing their own jurisprudence, which is another reason why we would not be shocked to see Illinois following the U.S. Supreme Court’s line of analysis with regard to the contract impairment issue.

Discuss.

*** UPDATE *** From a subscriber…

There is, of course, the Illinois Supreme Court’s ruling from Jorgensen v. Blagojevich that draws what appears to be a pretty clear line in the sand.

http://caselaw.findlaw.com/il-supreme-court/1121157.html

Last line of the next to last graph:

    “No principle of law permits us to suspend constitutional requirements for economic reasons, no matter how compelling those reasons may seem.”

  51 Comments      


Money report

Monday, Apr 8, 2013 - Posted by Rich Miller

* I’m told that state Sen. Michael Frerichs (D-Champaign) will report raising almost $200,000 in the first quarter, giving him more than $500,000 cash on hand. As you may already know, Sen. Frerichs is gearing up to run for state treasurer.

Here’s a little nugget to contemplate while discussing Frerichs’ chances: The last time a non-federal statewide Democratic candidate won both the primary and the general election was 1982, when southern Illinoisan Jim Donnewald won the treasurer’s race.

I’m sure there’s a real hunger out there for a statewide Democratic Downstater. But there are also some serious roadblocks, mainly caused by Cook County. They like their candidates liberal and local.

Discuss.

* Frerichs is a tall guy with huge hands. I took this photo of him several years ago…

Caption?

  18 Comments      


A cash cow?

Monday, Apr 8, 2013 - Posted by Rich Miller

* David Ormsby at the Illinois Observer (subscribe here, I get a cut) ran a fascinating story about a political action committee formed to fight gay marriage in black House districts. The post is behind a firewall, but it was about how the National Organization for Marriage had given $72,000 to the African American Clergy Coalition in the last month.

Much of NOM’s money has been spent on consultants and pastors who oppose gay marriage. For instance…

The PAC’s public face, Bishop Larry Trotter, got $1,000 for “clergy consulting”. The PAC’s chairman, Lance Davis, got $1,000 for “clergy consulting.” The PAC’s treasurer, Marlo Kemp, got $2,100 for “administrative management.”

Public relations flack, Sean Howard, who has hovered under Trotter’s halo for years and who flits from office holder to officer holder, has pocketed $3,600 for “media” and “production.” Lobbyist Frank Bass got $3,600 for “consulting.” Attorney Anthony Bass pulled in $4,000 for “legal services.”

Convergent Consulting Group, whose Illinois corporate status was involuntarily dissolved in 2002, got $2,100 for a cheesy-looking Web site whose mission statement says nothing about opposing same sex marriage.

The web site is here. Oof.

The group has reported spending just $11,015 to actually air the ads.

* Meanwhile, as subscribers already know, you can add Rep. Ed Sullivan to the list

State Rep. Ed Sullivan Jr. of Mundelein said Sunday he will support a bill to allow gay marriage in Illinois, becoming the second House Republican to do so and first among leadership.

Sullivan, who is chairman of the House Republican campaign organization, said his decision to back same-sex marriage represented a personal and family evolution on the issue. Previously an opponent of civil unions, Sullivan told the Tribune that his mother-in-law, who lives in the southwest suburbs, has been in a same-sex relationship. […]

A state representative since 2003, Sullivan and state Rep. Ron Sandack of Downers Grove are the only House Republicans to publicly announce their backing of the same-sex marriage bill, which already passed the state Senate. With House lawmakers returning to Springfield on Monday after a two-week break, supporters of the measure have said they were within a dozen votes of the 60 needed to pass it.

Sullivan said he believes more Republicans among the 47 in the House will sign on. […]

“I try to err on the side of being a public servant and serving my district as opposed to potentially being a politician and just serving that subset (opposed based on religion) and those within my party who don’t necessarily want this to pass,” he said. “I look at this as a freedom, as a conservative view of treating people equally.”

* My weekly syndicated newspaper column

You can always tell when somebody is losing an argument because they’re constantly backtracking and recalibrating. And it’s no different with gay marriage.

In January, for instance, newly elected state Sen. Jim Oberweis (R-Sugar Grove) freely admitted that gay marriage was at the heart of his desire to oust state Republican Chairman Pat Brady, who’d recently announced his support for a Senate bill to legalize same-sex marriage.

“I believe we have to have a meeting to ask Pat for an explanation, to modify his actions or get a new CEO,” Oberweis told the Kane County Chronicle then. “Our CEO has taken very open, public action contrary to the organization, and that’s unacceptable.”

Immediately, however, more moderate GOP leaders pushed back hard against Oberweis, saying that ousting the party’s chairman over gay marriage would send absolutely the wrong message to the voting public, which was coming around fast to supporting the issue.

Young people, in particular, count themselves as strong supporters of the concept, so staunchly advocating outdated policies would continue to stunt the party’s potential growth.

Oberweis didn’t give up his challenge to Brady. Far from it. Indeed, he apparently came within a weighted percentage point of the required 60 percent vote to oust Brady during a planned emergency state party meeting last month.

The meeting was canceled when some central committeemen decided to heed the commands of party leaders such as U.S. Sen. Mark Kirk and House Minority Leader Tom Cross (R-Oswego) and backed off.

But while Oberweis didn’t drop his attempt to force Brady out, he did change his tune on the reasons. A month after saying it was all about gay marriage, Oberweis told Chicago Public Radio “it has nothing to do with gay marriage.”

That even a guy like Oberweis felt the need to drastically retool his public message shows how far this issue has come — and how even some on the hard social Right now understand that they have to walk a whole lot more softly or risk a voter backlash.

Since then, Republican leaders who want Brady ousted have kept a lid on their conservative colleagues’ inflammatory rhetoric and tried to focus their ire on Brady’s performance during last year’s election campaign.

Those objections ring hollow, however, because none of the state central committeemen uttered so much as a peep about Brady’s tenure during a post-election state party meeting in December.

This putsch is all about gay marriage, but the coup plotters at least have the sense to try and couch their terms in a more acceptable manner, which means that even they know they’ve lost the public debate.

State Sen. Bill Brady (R-Bloomington), a conservative Catholic who has long opposed gay marriage, has not taken a public position on Brady’s tenure.

Sen. Kirk Dillard (R-Hinsdale), who has moved further to the right since losing the 2010 GOP gubernatorial nomination to Bill Brady, is, like his former opponent, staunchly opposed to gay marriage. But like Sen. Brady, Dillard has refused to take a position on Chairman Brady’s support for the issue, leaving it up to the state central committee to decide whether he should remain as chairman.

None of this is meant to suggest that state Sens. Oberweis, Brady and Dillard are about to switch sides and support gay marriage, as Kirk did recently.

But it does suggest that even these hardened conservatives understand that they’re on the wrong side of this issue and must tiptoe around it for fear of damaging their political party.

Two years ago, it would’ve been considered impossible that an Illinois Republican chairman would so publicly support gay marriage. That, in and of itself, shows how far and how quickly public sentiment on the issue has changed.

But Pat Brady has always been a part of the party’s more moderate wing. I think what’s more important here is how even some of the state’s top social conservatives are moderating their public messaging on same-sex marriage.

* And this is from the Sun-Times

The battle for the potentially pivotal votes of African American legislators on a bill to legalize gay marriage in Illinois intensified Friday — as opponents and proponents alike pulled out the big guns.

Leading the opposition, Cardinal Francis George and a group of black ministers launched an aggressive campaign against same-sex marriage to be waged through radio commercials and telephone calls.

Weighing in on the other side, national civil rights leader Julian Bond sent a letter urging legislators to grant equal rights to “my gay and lesbian brothers and sisters.”

All politics is local and Julian Bond is not local. No contest on this one.

* Related…

* Washington: Gay marriage foes reek of hypocrisy

* Influential Black Pastors Split On State’s Marriage Equality Bill

* Cardinal George, Chicago pastors re-assert support for one-man, one-woman marriage

  19 Comments      


Quinn signs management bill

Monday, Apr 8, 2013 - Posted by Rich Miller

* Gov. Pat Quinn signed the “management bill” on Friday

He approved a measure that allows the governor to deny collective bargaining rights for up to 3,580 managers and supervisors.

The traditionally pro-labor Quinn has supported the idea, sponsored by fellow Democrats, since it got House approval in 2011 — while at the same time excoriating his Wisconsin Republican counterpart for pushing through a law that rolled back union bargaining rights.

The law applies to “managerial or supervisory” positions under the governor and other statewide offices — such as the secretary of state and attorney general — that are not currently represented by a union or those who have gained representation since December 2008.

Supporters of the measure argue that state executives can’t effectively run the government with so few managers loyal only to them. They say that 97 percent of the state workforce now wears the union label.

* AFSCME Council 31 explained the bill to its members late last week via e-mail…

Allows the governor to designate up to 3,580 positions as exempt from coverage under the state collective bargaining law based on extremely broad criteria;

Provides that up to 1,900 of those can be positions that had previously met the criteria for coverage under the collective bargaining law and are currently represented by a labor union;

Provides that those designations must be made within one year of the effective date of the legislation;

Allows the governor’s designations to be challenged before the Illinois State Labor Relations Board, but provides that such designations “shall presume to have been properly made”—making it extremely difficult to prevail in such challenges.

* The union also updated members on negotiations to water down the bill’s impact…

AFSCME has been following up on the commitment made by its sponsor, Senator Don Harmon, to attempt to minimize the negative impact that the bill will have on union-represented employees. Sen. Harmon is facilitating negotiations between the union and CMS in which AFSCME is seeking to secure an agreement that:

    1. the governor will not remove all 1900 positions that the law permits;
    2. no employee removed from the bargaining unit will suffer a reduction in pay;
    3. employees designated to be removed will be offered the option of taking another bargaining unit position.

AFSCME will not give up this fight. We’ll continue to represent to the fullest extent possible under the Personnel Rules members who are removed from the bargaining unit. And wherever the facts warrant, we’ll challenge removals at the Labor Board.

* In other news, AFSCME warned its members about possible upcoming pension votes…

The assault on retirement security for state employees is going into high gear in the House of Representatives. Just before legislators went home for their “spring break,” the House passed HB 1165, with strong bipartisan support. HB 1165 was considered a “test bill” to see if enough legislators would vote to cut the pension cost-of-living adjustment (COLA) for active and retired state employees.

The COLA plan they voted for is the same one that is included in HB 3411, the Nekritz/Cross bill. It would reduce the pension benefit of an average state employee by some $50,000 over the first ten years of retirement. HB 3411 would also raise the retirement age and increase employee contributions. It puts the whole burden of solving the pension crisis on the backs of public employees.

HB 3411 is now expected to be called for a vote when legislators return to Springfield [this] week. […]

We Are One Illinois has made clear that public employees recognize the severity of Illinois’ pension crisis and are prepared to do our part to help ensure the solvency of the state’s pension funds. The coalition stands ready to work collaboratively toward developing a fair and constitutional solution.

I haven’t been able to confirm whether the Nekritz bill will be called for a vote this week. Stay tuned.

* Related…

* State still shelling out millions to workers on paid administrative leave

* State Treasurer Optimistic About Pension Deal

* Analysis: Illinois pension fix faces political, legal hurdles

* VIDEO: Illinois Pension Commitment Shortchanged

  36 Comments      


Another look at Lisa Madigan’s numbers

Monday, Apr 8, 2013 - Posted by Rich Miller

* A good friend sent me an e-mail about Attorney General Lisa Madigan’s fundraising report for the first quarter. Yes, she did outdo Gov. Pat Quinn by quite a bit, but my friend reminded me “she’s playing a longer game now than just him.”

First, he pointed to Rod Blagojevich’s D2 for the first six months of 2005, the same period we’re in now ahead of the 2014 race. Blagojevich started the period with $10 million and raised $4.6 million. As my friend points out, that averages $2.3 million a quarter and $773K per month.

By contrast, Madigan had $3.6 million in the bank at the end of last year and has disclosed raising about $770K so far this year.

* He also pointed to Scott Kennedy’s quite comprehensive web page which totals campaign contributions by race for the past several years.

After transfers between funds are calculated, Quinn spent about $38 million on his 2010 primary and general elections combined. From my friend…

A governor’s race costs $30 million in this state, minimum.

So, her $4.3 million on hand is way, way behind. She’s going to need to blow open the caps or a superpac needs to do the dirty work for her.

Otherwise, her floor is 4 million dollars a quarter going forward.

* Then again, at this same point in the cycle in 2009, Gov. Quinn had a mere $82K in the bank to start and raised just $860K during the entire first six months of the year. And yet Quinn still outraised Blagojevich when push came to shove.

In other words, money comes in when money is needed, so there’s plenty of time for both candidates to raise cash.

* Meanwhile, this is kinda fascinating

In the wake of President Barack Obama apologizing to California Attorney General Kamala Harris for complimenting her on her good looks comes this blockbuster finding from a new study: when it comes to a female candidate, any media coverage about her appearance–even positive–hurts her with voters.

That’s a key conclusion of the poll for the Women’s Media Center and She Should Run, to be released Monday in Chicago at the Council on Foundations annual conference at the Hilton Chicago, 720 S. Michigan.

The survey’s release is timely because Obama’s remark about Harris is the latest in the long-running struggle of women seeking public office, not to have their looks influence how people assess their credibility. […]

The “Name It. Change It” survey, conducted by Celinda Lake of Lake Research and Robert Carpenter of Chesapeake Beach Consulting found that when any media coverage focuses on a female contender’s appearance–positive, negative, or neutral–”it made voters less likely to vote for her.”

The survey can be found here.

* Related…

* Lisa Madigan leads Quinn in big-dollar fundraising

* Rauner’s love/hate relationship with pension funds

* Dan Rutherford Gets A Haircut

  23 Comments      


Simon’s concealed carry checklist

Monday, Apr 8, 2013 - Posted by Rich Miller

* Lt. Governor Sheila Simon’s Firearms Working Group has released a “checklist” that it hopes the General Assembly will use when drafting a concealed carry bill. From a press release

* Constitutionality: The concealed carry law must uphold the right to keep and bear arms, consistent with the U.S. Supreme Court’s interpretation of the Constitution.

* Basic Qualifications: Concealed carry permits should be issued only to adult residents of Illinois who hold valid Firearms Owner Identification Cards (FOID) and do not pose a danger to themselves or others.

* Funding: The concealed carry law should also create a fund made up of user fees in order to finance the concealed carry permit application and renewal process.

* Permitting Authority: The Illinois State Police (ISP) should be the permitting authority for concealed carry, and the ISP should maintain a database of permits issued.

* Local Input: County sheriffs and local law enforcement authorities should be allowed to provide the ISP with information about whether an applicant poses a safety risk if the applicant were allowed to carry a concealed firearm.

* Background Checks: Prior to issuing concealed carry permits, comprehensive criminal background checks should be conducted along with investigations into an applicant’s mental health history, record of substance abuse and history of domestic violence.

* Firearm Training: Concealed carry permit applicants should be required to complete firearm safety and live fire training prior to receiving and renewing permits.

* Permits: Lost, stolen or destroyed concealed carry permits should be reported to authorities in a timely manner.

* Sensitive Places: Concealed firearms should be prohibited in certain public places, such as schools, which is consistent with U.S. Supreme Court guidance. Private property owners should also be able to prohibit concealed weapons on that property.

* Violations: An applicant who violates the concealed carry law or makes material false statements on concealed carry permit applications should be subject to criminal penalties.

Your thoughts on these ideas?

* Members of the working group who support the checklist

Sen. Melinda Bush (D-Grayslake), Sen. Tom Cullerton (D-Villa Park), Sen. Bill Cunningham (D-Chicago), Sen. Michael Hastings (D-Orland Hills), Sen. Andy Manar (D-Bunker Hill), Sen. Julie Morrison (D-Deerfield), Sen. Steve Stadelman (D-Rockford), Sen. Patricia Van Pelt (D-Chicago), Rep. Christian Mitchell (D-Chicago), Rep. Emanuel Chris Welch (D-Hillside), and Rep. Kathleen Willis (D-Addison).

A couple of Downstaters are on that list, including Andy Manar, who may have some statewide ambitions.

Another takeaway for me is that the announcement makes clear that quite a few liberal Democrats have come to the conclusion that a concealed carry bill has to pass. They’re not sticking their collective heads in the sand and hoping the issue goes away.

Cunningham moved to the Senate from the House and Manar was the Senate Democrats’ chief of staff before winning a Senate seat last year, but otherwise these are all freshmen. For the most part, they aren’t as beholden to the old ways of doing business in Springfield. It was an interesting move by Simon to persuade these freshmen to get on board.

  62 Comments      


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

Monday, Apr 8, 2013 - Posted by Rich Miller

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