PCB rejects Quinn’s petcoke emergency rules
Thursday, Jan 23, 2014 - Posted by Rich Miller
* AP…
An Illinois pollution panel has denied emergency regulations to control piles of petroleum coke.
The Pollution Control Board made the decision on Thursday regarding statewide regulations proposed by Gov. Pat Quinn. The board’s decision means the rules will go through the longer, regular rule-making process. […]
Quinn wants to require storage terminals to immediately install dust-suppression systems and prevent storm water runoff. He also wants companies to fully enclose the piles within two years.
Industry officials say the rules would hurt Illinois businesses, and there’s no need for emergency action.
* Opposition to the rules was intense and broad…
Illinois business leaders say Quinn’s regulations would be unreasonably expensive and don’t need to be rushed into place. They point to last year’s deal on fracking, in which people on both sides of the issue took the time to sit down and hammer out a compromise.
The petcoke rules, for example, could affect other industries, such as trucking, rail, barges, refineries and power generation in unexpected ways, they said.
“We believe the IEPA can’t know how this will affect business,” said Tom Wolf, executive director of the Illinois Chamber Energy Council. “Without an emergency, why are we going through a process that lasts seven days? There’s no science behind it. Petcoke and coal can be stored safely. If groups and individuals want to bring forward ideas on how it can be done better, that is what legislation and rule-making are for. That’s what democracy is about. It’s not about seven days.”
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Question of the day
Thursday, Jan 23, 2014 - Posted by Rich Miller
* Gov. Pat Quinn has been getting a free ride lately because the Republican candidates are beating each other up. So, what stories about Quinn would you like to see here?
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Today’s quote
Thursday, Jan 23, 2014 - Posted by Rich Miller
* WLS…
At City Hall, a stink is being raised over medical marijuana regulation.
Some of the aldermen don’t like where the state is forcing the city to allow medical marijuana dispensaries and growing areas.
It’s basically in manufacturing districts and Alderman Carrie Austin is crying foul. “Very resourceful individuals in the City of Chicago might open up a bakery with some brownies! So, that bothers me!”
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* Here we go again.
From 2011…
A group of drivers filed a lawsuit against Cardinal Logistics Management Corp. alleging that Cardinal misclassified drivers as independent contractors.
The drivers allege that they were employees, as opposed to independent contractors, and the misclassification allowed Cardinal to be relieved of the obligation to reimburse the drivers for any and all employment claims. The drivers also contend that Cardinal avoided giving them required meal and rest breaks, avoided keeping itemized wage statements and paying for workers’ compensation insurance.
The parties have reached a settlement which would require Cardinal to pay $3.75 million to create a settlement fund.
Cardinal Logistics Management Corp. was owned at the time by… you guessed it, GTCR Golder, Rauner...
“We are extremely pleased with Cardinal’s performance in growing the business profitably and we think the market for outsourced, specialized, high-intensity local fleet operations will continue to enjoy significant growth.
“Cardinal’s innovative capabilities and national infrastructure are ideally suited to create value for its clients in that arena,” said Dave Donnini, member of Cardinal’s Board of Directors and Principal of GTCR Golder Rauner LLC.
* From 2007, when the lawsuit was originally filed…
[Plaintiffs attorney] Jennifer Whipple characterizes the case as “one of the most blatant cases of deliberate misclassification” she’s ever seen. […]
The lawsuit claims that Cardinal directs and controls the work its delivery drivers perform, but has established an elaborate system and a series of documents to disguise the employer-employee relationship. For example, Cardinal requires the drivers to agree to provide their own equipment to perform deliveries, but also requires them to lease the trucks from the company and cover all costs, such as fuel and maintenance, the suit says. It also charges that as a condition of employment, the drivers are required to establish their own corporations or limited liability companies, which “serve no purpose other that to perpetuate and shield Cardinal’s scheme.”
The complaint stems from the specific case of Gerald Smith of Reno, Nev., represented by Whipple, who worked as a delivery driver for Cardinal, driving a Home Depot-labeled truck and wearing a uniform with both Home Depot and Cardinal logos from May 2004 to November 2006.
Smith worked eight to 10 hours a day, six days a week, receiving a weekly paycheck from Cardinal after the company deducted a substantial proportion of his earnings for expenses, calculated entirely by Cardinal, the suit said. All of his work was done at the company’s direction.
“This company ignores its legal responsibilities to its workers and is maximizing profits at the expense of its workers,” Whipple said. “It is illegal and grossly unfair, and we look forward to getting some justice for these drivers.”
* From 2012…
After a 15-year holding period, GTCR has sold Cardinal Logistics Management Inc ., a third-party transportation logistics provider with $325 million in revenue, to Centrebridge Partners, according to Jerry Bowman , president of Cardinal Logistics.
Terms of the deal weren’t disclosed..
Hat tip: William Kelly, who is a vehement Rauner hater. Still, those links don’t lie.
* By the way, GTCR bought Cardinal in 1997 and both were promptly sued by JB Hunt, which alleged Cardinal was trying to steal its employees and clients and attempting “blackmail.”
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* Sen. Michael Frerichs has pulled his treasurer campaign announcement video off YouTube and replaced it with a new one.
The embarrassing move had to be made because Frerichs claimed in the original video that he had “led by example” by “ending free lifetime healthcare for legislators.”
Actually, Frerichs voted against that bill.
* Here’s the relevant clip from the original video…
* I asked Sen. Frerichs about his vote yesterday, and he got back to me today saying there’d obviously been a mistake.
He said he supported getting rid of free health insurance for elected officials, but the final bill, he said, “included everyone,” including university employees, so he couldn’t support it.
“My media team and I were talking about various reforms I had supported,” Frerichs said, “I think what happened is we saw the bill and saw the first version, which I had voted for.”
He did vote for the initial version, which was basically just an empty vehicle bill.
“We definitely misspoke, we messed up, we’re moving forward,” Frerichs said.
Oops.
* Making matters far worse, the legislation which Frerichs voted against was co-sponsored by none other than Tom Cross, Frerichs’ likely GOP rival. So, expect a Tom Cross press release in 3… 2… 1…
But, really, the goofiest thing about this mistake is that Frerichs has been running for treasurer for a year now. He’s had all this time to prepare the “perfect” official rollout and he blew it. That’s a seriously amateur mistake for a guy who claims to be running a top-notch campaign. There’s just no excuse for this stuff.
*** UPDATE *** Cross’ tracker was tossed out of Frerichs’ Chicago announcement event yesterday, but not before this video was taken of Frerichs taking credit for eliminating free lifetime health insurance for legislators…
Apparently, Frerichs dropped that particular line when he reached Peoria, which would be after I’d sent him an e-mail asking about the vote.
[ *** End Of Update *** ]
* Not everything else went smoothly for Frerichs on his big day, either. For instance, when asked yesterday about Senate President John Cullerton’s recent comments that Chicago pension reform is the session’s number one priority, Frerichs contradicted himself…
“There are many priorities out there, that is one of his,” Frerichs said.
Is it one of yours?
“In the treasurer’s office? No, the treasurer’s office is not in charge of pension reform. I think the things we need to focus on are making investments in our communities here in Illinois…” […]
Asked about Bruce Rauner’s criticism of Rutherford for not stepping up and taking a more central role in helping solve pension crisis, Frerichs said:
“The treasurer should be offering advice. We’ve seen the state going in the wrong direction”
Um, OK.
* Related…
* Ill. treasurer candidate hits incumbent on travel: Rutherford’s campaign spokesman Brian Sterling dismissed the criticism Wednesday, saying the treasurer is “very careful about mixing state and political business together.”
* Mike Frerichs kicks off Treasurer Campaign in Rock Island
* Candidate for state treasurer promises audit
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‘Tis the season
Thursday, Jan 23, 2014 - Posted by Rich Miller
* Lots and lots of new bills are being introduced, so, as always, keep in mind that a bill introduction doesn’t mean that it’ll pass. For instance…
An Illinois driver who smokes while kids are in the car could get slapped with a fine under a proposal pending in the Illinois Senate.
The measure would make it a crime to smoke in a vehicle where a minor is present, punishable by a fine of up to $100.
Police wouldn’t be allowed to stop drivers for this offense alone, but they could ticket a driver for it if the driver is caught committing some other punishable offense.
A similar House bill didn’t even get out of committee last year. A resolution encouraging people not to smoke in their cars with kids present did pass on a voice vote, but it has no force of law.
* Back in 2007, then-Rep. Mike Boland got a lot of media attention for his own smoking ban in cars. His bill didn’t do so well…
While opponents whistled the sound of falling bombs, proponents argued passionately for anti-smoking legislation aimed at protecting the health of young children.
House Bill 1769 went down in flames Thursday, garnering just 18 “yes” votes while the 91 opponents cheered.
The bill would have prohibited smoking in a vehicle with children ages 8 and under.
Rep. Mike Boland, D-East Moline, sponsor of the bill, said he chose that age because children are in car seats until then. He thought it would simplify things for police officers.
Maybe this thing could move over time, or maybe it’ll just die like it always has. But a bill is just an idea at this point of the game.
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* Daily Herald…
“Every school district and every college that gives a pay raise from this day forward needs to also pay the pension cost of that pay raise,” [Sen. Bill Brady] told the Daily Herald editorial board Wednesday.
The idea is a cousin of the controversial proposal to have school districts pay for all of teachers’ future retirement costs, which Brady opposes. Opponents say the so-called cost-shift could hamper local schools’ budgets and force cuts elsewhere.
Brady says school boards shouldn’t be allowed to raise salaries and foist the cost onto the state.
“We have no control over those pay raises.”
Unlike Speaker Madigan’s “cost shift” proposal, Brady’s would only deal with pay raise costs going forward, not full salaries, past and present, and pension debt.
It’s not a bad idea. One of the reasons Illinois got itself in over its head on pensions is that the state made itself responsible for funding teacher and university pension systems. The costs just grew too high, and the state has no control over those costs, other than paying its bills on time (which would’ve kept those costs from rising, but hurt other budget items, like schools themselves).
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Guns, weed and the feds
Thursday, Jan 23, 2014 - Posted by Rich Miller
* Christian County Sheriff Bruce Kettelkamp responded to the new state rules forcing medical marijuana patients would have to surrender their FOID cards and concealed carry permits by saying carrying a concealed firearm after smoking medical marijuana is OK by him. He just doesn’t want people driving high…
“I just don’t think anyone should have their second amendment rights taken away from them because they’re on a prescription for a pain killer,” said Kettelkamp.
Kettelkamp is more worried about the people with driver’s licenses and medical marijuana cards, because he doesn’t feel there is an accurate way of testing drivers to see if they’re under the influence of marijuana.
“I don’t have many murders in Christian County,” said Kettelkamp. “But I have people killed in accidents, and that’s what really concerns me about somebody driving under the influence of marijuana. We’re not going to be able to detect that. There’s no way we can do a field sobriety test on an individual that’s under the influence of marijuana.”
Welcome to Downstate.
The proposed rules, by the way, are here.
* WICS TV also asked the Illinois State Police for an explanation of the FOID/carry ban for med-mar patients…
According to a statement from the agency, “possession of both a registry identification card and a FOID card is contrary to federal law.”
It should be noted that possessing marijuana, even while following all the rules of the new Illinois program, is also not allowed under federal law.
OK, I get that. You can’t do it under federal law. However, federal law also has some big penalties for growing, selling and smoking marijuana, whether medicinal or not, and Illinois has moved beyond that silliness.
* A federal suit over this issue was filed in 2011 after the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) issued a memo to all federal firearms dealers warning of severe consequences…
The memo says that “there are no exceptions in federal law for marijuana purportedly used for medicinal purposes, even if such use is sanctioned by State law…any person who uses…regardless of whether his or her state has passed legislation authorizing marijuana for medicinal purposes, is an unlawful user…and is prohibited by Federal law from possessing firearms of ammunition…..if you are aware that the potential transferee is in possession of a card authorizing the possession and use of marijuana under State law, then you…may not transfer firearms or ammunition to the person.” And indeed, Hauseur did not.
Wilson thinks that this BATFE policy violates her Second Amendment rights. With the help of Nevada lawyer Chaz Rainey of Rainey Devine, she filed suit in October in federal district court in Nevada against Department of Justice chief Eric Holder, the BATFE, and its acting director and assistant director.
As the suit says, “Ms. Wilson has never been charged with or convicted of any drug-related offense, or any criminal offense….Indeed, no evidence exists that Ms. Wilson has ever been ‘an unlawful user of, or addicted to, marijuana….’ Ms. Wilson maintains that she is not an unlawful user of or addiction to marijuana….Nonetheless, Ms. Wilson was denied her Second Amendment right to keep and bear arms based solely on her possession of a valid State of Nevada medical marijuana registry card.” The suit argues the BATFE policy also violated her Fifth Amendment right to due process since it presumes she is a prohibited drug user arbitrarily.
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* I asked all four Republican candidates and the governor’s campaign for comment on yesterday’s story by Doug Ibendahl about Bruce Rauner’s company’s involvement in some allegedly spectacular nursing home scandals. Dan Rutherford’s campaign politely declined comment “at this time.” Only Sen. Kirk Dillard’s campaign decided to weigh in. I didn’t hear back from anyone else, including Rauner’s campaign.
From a statement released by Glenn Hodas, who is Sen. Dillard’s campaign manager…
Yesterday’s stunning revelation about Bruce Rauner’s links to nursing home deaths and abuse, if true, is extremely disturbing. It shows how an obsession with profits can obliterate compassion and ethics.
At a bare minimum, the voters deserve a full explanation. Rightfully so, people all over the state this morning are asking, “Where is Mr. Rauner’s moral compass…does he even have one?”
And yet again, the steady drumbeat of controversies shadowing Rauner continues. One more story like this, and voters should ask Rauner to withdraw for the good of Illinois.
As we’ve said before, the problem with Bruce Rauner is not that he made a lot of money. Buts it’s how he made the money, and what he’s done with the money.
Discuss.
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