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Arizona Supremes shoot down pension benefit cut

Thursday, Feb 20, 2014 - Posted by Rich Miller

* The Arizona Supreme Court ruled today that the state legislature cannot cut state retiree COLAs

The ruling released Thursday comes in a case brought after the Legislature cut the increases in 2011 for retirees in the state plan for judges and elected officials. […]

The Legislature cut the cost-of-living increases after the judges’ retirement system lost money in the Great Recession and became badly underfunded. The retired judges argued the increases were a promised benefit and lower courts agreed.

The high court agreed the increases are part of a promised retirement benefit and are protected by the pension clause of the state Constitution. That clause bars “diminishing or impairing” public retirement benefits.

The Arizona Constitution is very similar to ours in that regard. But, of course, the ruling has no direct impact here. It could be used by the plaintiffs to buttress their case, however. Our high court often looks at what other state courts have done.

  53 Comments      


Dillard wants clear shot at Rauner

Thursday, Feb 20, 2014 - Posted by Rich Miller

* WLS AM

In the race for governor, State Senator Kirk Dillard thinks it’s time for party leaders to prevail upon Dan Rutherford or Bill Brady - or both - to quit the race for the sake of preventing Bruce Rauner from getting the GOP nomination.

Rauner’s 20-point lead in the Tribune poll has Dillard is saying party leaders ought to lean on Brady or Rutherford to drop out.

“Well, I really would hope the Republican County Chairmen’s Association would be the group that would try to galvanize our party,” Dillard said. “It is very clear, unfortunately, that the state treasurer who has had allegations of sexual harassment and political dealings on state time is now unelectable. And Bill Brady proved in 2010 that even with a tailwind where we elected a number of Republican congressmen, he was unelectable.”

It’s not a horrible point, and Dillard is obviously trying to show that he’s the challenger with the momentum, but I doubt anyone else is going to get forced or talked out of this race.

Brady was completely counted out last time and he won. If Rutherford gets out, he’s all but admitting wrongdoing.

And what Republican has any real power in this state to make something like this happen? Mark Kirk, maybe, but despite his public claims of neutrality he has two staffers on Rauner’s campaign.

And Rauner is most likely a believer in a “the more the merrier” theory right now. If he’s reached his peak because of the union TV ads, he wants those lost votes split up, not concentrated with one opponent. And since he has some support within that county chairman’s association, his folks will not be involved with this.

Raising a ton of money back when Dillard still had Ron Gidwitz in his corner would’ve done more to bolster his cause now. But all three candidates are financially challenged. Dillard has some endorsements and a little bit of cash, but he has yet to outline a clear path to victory, particularly if Rauner turns the guns on him with “He supported Obama!” TV ads, or whatnot.

  61 Comments      


Question of the day

Thursday, Feb 20, 2014 - Posted by Rich Miller

* Here’s a question I’ve seen debated in comments here and that I’ve debated with my Statehouse pals and my mom: Do you feel sorry for Treasurer Dan Rutherford? Take the poll and then explain your answer in comments, please.


survey solutions

  76 Comments      


Interesting bills

Thursday, Feb 20, 2014 - Posted by Rich Miller

* You don’t see bills like this one every day. Rep. Elaine Nekritz and Sen. Michael Hastings want to provide a path back to driving privileges for those who have been convicted four times for DUI. From the synopsis

Provides that certain persons ineligible to re-apply for a license may instead apply for a restricted driving permit after the expiration of 5 years from the effective date of the most recent revocation, provided the person proves by clear and convincing evidence a minimum 3 years of uninterrupted sobriety from alcohol and other drugs and the successful completion of all rehabilitative activity recommended by a properly licensed service provider. Provides that the Secretary of State shall cancel a restricted driving permit issued under the conditions if the holder fails to comply with ignition interlock device requirements and that the person shall be ineligible to re-apply for restricted driving privileges.

* Sun-Times coverage

Michael Geever, one of the 5,000 people Nekritz estimates her bill affects, testified in favor of her legislation.

Geever, now a deacon at Lamplighter Bible Church in Roselle, said he’s been a changed man ever since his spiritual awakening lifted his obsession to drink and do drugs. Nevertheless, Geever must adjust to a life without driving privileges. […]

Lt. Donnie Pridemore, of the Fulton Police Department, testified in support of the bill, saying he’s seen people—including his own alcoholic brother—turn their lives around. […]

Rita Kreslin, executive director of the Alliance Against Intoxicated Motorists, said she supported the legislation in light of the permit eligibility requirements listed in the bill.

Interesting as well that AAIM is for it.

* Speaking of Sen. Hastings, his “revenge porn” bill has been getting a lot of publicity. From the Tribune

The idea is to curb the major embarrassment people suffer when their scorned ex-boyfriends or girlfriends post raunchy photos and videos of their former partners as a way to get back at them.

A new proposal filed at the Capitol would make it illegal for people to take to the Internet with such content without consent. Sponsoring Sen. Michael Hastings likened the posting of such pictures after bad breakups to “harassment and the worst type of cyberbullying.”

The legislation is needed because Illinois statutes fail to protect people who posed for racy pictures and videos while in a private relationship, only to have their “trust broken,” said Hastings, D-Orland Hills.

Under the measure, it would become a felony to post nude and sexually explicit pictures of another person without his or her permission. The bill also would make it a crime to require a fee to get pictures removed from a website. The maximum penalty would be up to three years in prison and a $25,000 fine, though judges would have discretion to impose lesser punishments.

* But

Mary Dixon, from the American Civil Liberties Union in Illinois, said the wording of the bill might not stand up to the protection of free speech guaranteed in the First Amendment.

Dixon said laws could regulate free speech, but they must be “carefully and narrowly tailored,” something she said Hastings’ bill could work on by including language on malicious intent and emotional harm.

Despite the concerns voiced by the ACLU, Hastings disagreed and defended the wording of the bill, saying it’s hard to prove malicious intent.

“I happen to agree with the senator that it is difficult to prove intent,” said John Carroll, from the state’s attorney’s office. “I do think that there is a drastic need for this bill.”

OK, this is a real problem that needs to be addressed, but why call it “revenge porn” if intent has nothing to do with it? Isn’t revenge a clear intent?

* Sen. Don Harmon has a bill that would provide a permanent funding stream for the state’s chronically underfunded Poison Control Center

Harmon’s plan would tap into a fund filled by fees that cell phone companies charge users to pay for 911 services. At first, the cell companies used the money to build out 911 technology so that it patched cell phones into the closest emergency dispatch centers, but most of that work has been done and money has been piling up in the fund. Harmon would use 2 cents per user (the total fee is 6 to 8 cents) to pay for the Poison Control Center.

Of course, Harmon isn’t the only one who has noticed that money quietly amassing. Some of it already has been used to help pay administrative expenses of the Illinois Commerce Commission. Now, 911 centers would like some of that money to make their own improvements.

But for panicked parents making that 2 a.m. call, the Poison Control Center is probably the place that would get their votes.

Those parents would probably call 911 first, so shouldn’t we make sure those call centers are adequately funded with all that money piling up as well?

* And finally

Legislation sponsored by State Senator Jason Barickman of Bloomington that makes it clear sex offenders must report to law enforcement when they lose a job, cleared the Illinois Senate Criminal Law Committee Wednesday.

Barickman says Pontiac Police and the McLean County State’s Attorney’s office brought a quirk in the current law to Barickman’s attention.

Currently although state law requires sex offenders to report a “change” in employment, there was a recent appellate court ruling that said losing a job is not the same as a change in employment. This bill aims to clarify an ambiguity in the existing law.

We really do have a bizarre appellate bench in this state.

  31 Comments      


Rauner is living in a fantasy world

Thursday, Feb 20, 2014 - Posted by Rich Miller

* “This is the reason I am running,” Bruce Rauner told a Springfield business crowd last year

“The government union bosses, they take our tax dollars, they go to the politicians and say, ‘Mr. Governor or Mr. Speaker, give me a big pension for my workers and I’ll give you ten million dollars for your reelection. Give me more pay for my workers, I’ll give you $20 million for your reelection. Give me free healthcare for my workers off the backs of the taxpayers, I’ll give you another $10 million for your reelection, I’ll give you free campaign workers for your reelection.’ […]

“You won’t hear the politicians talk about this. You won’t. The Democrats don’t talk about it because that’s where Madigan gets all his money or his power. He’ll never talk about it. And you’ll never hear the Republicans talk about it either because a lot of them get that money, too.”

* Madigan gets “all his money” from government union bosses? Let’s take a quick look…

    * Madigan controls three campaign committees. Democratic Majority has received just one AFSCME contribution of $15K, but that was over three years ago.

    * The last time Madigan’s Democratic Party of Illinois committee received AFSCME money was October of 2011, and that was only $5,000.

    * And the last time Friends of Michael J Madigan received any AFSCME money was December of 2009 - more than four years ago.

Madigan has received a grand total of $821,200 from AFSCME, but that was since August of 1994, which works out to about $42K a year. Madigan raised more than that this month, including $21,100 from Stand for Children Illinois, which is not exactly a favorite of the teachers unions.

* And the Republicans? As I’ve said here many times before, Republican legislators who vote with AFSCME and the teachers don’t do that because they’ve sold their souls. They vote their districts, or their ideology. Rauner has a different ideology, which includes assuming the worst of anyone who disagrees with him.

He’s gonna be a dangerous governor, that one.

  139 Comments      


Translation: When heck freezes over

Thursday, Feb 20, 2014 - Posted by Rich Miller

* The Senate Republicans said they won’t work cooperatively with the Democrats on the budget without some preconditions being met

Answering a challenge from Democrats to present a counter plan, the GOP lawmakers announced their list of demands Wednesday at a Capitol news conference. Earlier this week, Democratic Senate President John Cullerton warned of a $3 billion budget hole next year. That includes a $1.6 billion revenue dip if the state’s temporary income tax increase expires as scheduled in January 2015, as well as about $1.3 billion in increased costs to required programs and services.

“If they want us to work with them, there are (several) things they’re going to have to recognize and commit to,” Senate Republican Leader Christine Radogno of Lemont said, noting numerous GOP budget proposals have been “mocked” and “buried in committee” in past years.

* And here’s what they want

* The temporary income tax increase to be allowed to phase out, as is called for under current law.

* A proposal to amend the state’s Constitution to allow for a graduated income tax to be taken off the table.

* The approval of a workers’ compensation reform bill that includes a requirement that employees prove they were hurt on the job.

* A prohibition on new programs and the expansion of existing programs in the FY 15 budget.

* Attorney General Lisa Madigan to request that the Illinois Supreme Court speed up its ruling on the pension changes that were recently passed into law.

* More aggressive implementation of the cost-saving Medicaid reforms approved in 2012.

What, no kitchen sink?

* Oh, wait. Here it is

Republicans said school aid needs to be changed to eliminate a block grant for Chicago that takes millions of dollars away from suburban and downstate schools

  50 Comments      


Uphill climb for pop tax

Thursday, Feb 20, 2014 - Posted by Rich Miller

* Backers of a proposed tax on sugared pop to fund health initiatives are busily lowering expectations

One of the measure’s sponsors, state Sen. Mattie Hunter, D-Chicago, said the proposal will be “very difficult to pass” due to resistance from consumers and the state’s business community. […]

American Heart Association spokesman Mark Peysakhovich said the legislation is just the first step in what likely will be a very lengthy fight.

“We’re not kidding ourselves,” he said. “This is the first year of a significant campaign. I compare this quite a bit to our work on tobacco taxes. The industry has the dream team.

“It’s going to take time to get the message across, but we feel that the public will finally support us. Anybody playing defense on this issue has already lost.”

* Background

The tax on the sugary drinks, including sports drinks, soda, fruit juices and some coffees, to name a few, is estimated to raise $600 million annually. Half of the money would go to Medicaid to reinstate dental care and other cuts. The other half would go to a wellness fund to promote community health and awareness. The Illinois Alliance to Prevent Obesity said in a written statement that the tax targets sugar-sweetened drinks because strong evidence links them to obesity and other chronic illnesses.

* But opponents are focusing on the tax itself

While sugary drinks are linked to obesity and other medical issues, some question whether a tax is the best way to get people to cut back on consumption. “The soft drink industry has done a good job at making consumers know calories — not that it wasn’t on there before, but by putting it on the front of the can and from minimizing the ounces in cans,” said Tanya Triche, vice president and general counsel of the Illinois Retail Merchants Association. Triche said merchants are already working on ways to promote better choices by having healthy foods at the entrance of the stores to help consumers think of better choices as they arrive. “It is already happening without the government getting involved by taxing.” She said the organization wants consumers to spend money buying more produce and food, rather than on taxes.

The Taxpayers Federation of Illinois has not taken a stance on the bill, but President Carol Portman said, “If you want to fight obesity, taxing isn’t the way to do it.”

  43 Comments      


The home front and political aspirations

Thursday, Feb 20, 2014 - Posted by Rich Miller

* Statehouse demonstrators who oppose pension reform called on CTU President Karen Lewis to run for Chicago mayor...

During the CTU president’s call for unity in the looming pension fight on Wednesday, loud chants of “Run for Mayor!” filled the Capitol rotunda, where unionized city workers gathered to hear her speak.

Afterward, Lewis seemed to suggest she’s staying put in 2015, when Emanuel faces re-election, but she also didn’t close any doors.

“I have a job that I was elected to. I am not a politician. I clearly am not a politician,” Lewis told reporters when asked about the calls for her to run against Emanuel.

When one reporter pointed out that Republican gubernatorial candidate Bruce Rauner takes pride in saying he, too, isn’t a politician, Lewis cracked, “But I’m not egotistical or rich.”

Then, she said her husband, John Lewis, had already weighed in on the question.

“My husband has said ‘no,’ ” she said.

Asked if that meant she had ruled out a mayoral run, Lewis then repeated herself and ended questions.

“My husband has said ‘no.’ ”

* Three things can happen when a potential candidate’s spouse says “No.”

    1) The candidate heeds the advice and doesn’t run.

    2) The candidate doesn’t listen and forges ahead with a difficult campaign and ends up dealing with major trouble at home, which nobody wants.

    3) The spouse changes his or her mind.

Right now, anyway, I’m thinking “1″ likely applies, particularly since she’s talking about it so openly.

  19 Comments      


Can’t get his story straight

Thursday, Feb 20, 2014 - Posted by Rich Miller

* After telling Bernie Schoenburg last September that he never called then-Chicago Public Schools CEO Arne Duncan about getting his daughter into Payton Prep, this is what Bruce Rauner said about the clouting controversy during Tuesday night’s debate

“Frankly, my wife and I, we have some disagreement about who talked to who when,” Rauner said. “I don’t really recall. I talked to Arne all the time. I don’t really recall talking to him about this much.”

* But this is what Rauner told WLS back in January

On January 14th of this year, Rauner appeared on 89 WLS with Roe Conn and Richard Roeper, and said that not only did he definitely call Duncan, he remembered Duncan’s response when he told him his daughter might not get into Payton because she missed so much time in grade school because of an illness:

“So I called Arne and I said, ‘Hey Arne, she’d really like to go to Walter Payton, but I saw the criteria, she may or may not get in. Um, what do you think, should she even apply?’ And he said, ‘Bruce, if she’s as good academically as you say and it was pneumonia, she’s a great candidate because we have something called the principal’s discretionary pool.’”

* So, to sum up. In September, Rauner said he never called Arne Duncan. In January, he remembered lots of details from that phone conversation. This week, he says his memory is hazy and doesn’t recall talking to him much about this issue.

  87 Comments      


*** LIVE SESSION COVERAGE ***

Thursday, Feb 20, 2014 - Posted by Rich Miller

* Gavel and go? Watch and see

  3 Comments      


Credit Union (noun) – an essential financial cooperative

Thursday, Feb 20, 2014 - Posted by Advertising Department

[The following is a paid advertisement.]

Cooperatives can be formed to support producers such as farmers, purchasers such as independent business owners, and consumers such as electric coops and credit unions. Their primary purpose is to meet members’ needs through affordable goods and services of high quality. Cooperatives such as credit unions may look like other businesses in their operations and, like other businesses, can range in size. However, the cooperative structure is distinctively different regardless of size. As not-for-profit financial cooperatives, credit unions serve individuals with a common goal or interest. They are owned and democratically controlled by the people who use their services. Their board of directors consists of unpaid volunteers, elected by and from the membership. Members are owners who pool funds to help other members. After expenses and reserve requirements are met, net revenue is returned to members via lower loan and higher savings rates, lower costs and fees for services. It is the structure of credit unions, not their size or range of services that is the reason for their tax exempt status - and the reason why almost three million Illinois residents are among nearly 99 million Americans who count on their local credit union everyday to reach their financial goals.

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Protected: SUBSCRIBERS ONLY - Supplement to today’s edition, crosstabs and a roundup

Thursday, Feb 20, 2014 - Posted by Rich Miller

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

Thursday, Feb 20, 2014 - Posted by Rich Miller

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« NEWER POSTS PREVIOUS POSTS »
* Reader comments closed for the weekend
* Isabel’s afternoon briefing
* Things that make you go 'Hmm'
* Did Dan Proft’s independent expenditure PAC illegally coordinate with Bailey's campaign? The case will go before the Illinois Elections Board next week
* PJM's massive fail
* $117.7B In Economic Activity: Illinois Hospitals Are Essential To Communities And Families
* It’s just a bill
* Showcasing The Retailers Who Make Illinois Work
* Open thread
* Isabel’s morning briefing
* SUBSCRIBERS ONLY - Supplement to today's edition
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Live coverage
* Pritzker calls some of Bears proposals 'probably non-starters,' refuses to divert state dollars intended for other purposes (Updated)
* Yesterday's stories

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