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NTSB urges states to ban all mobile phone use while driving

Wednesday, Dec 14, 2011 - Posted by Rich Miller

* You’ve probably seen this already

A federal safety board called Tuesday for a nationwide ban on the use of cell phones and text messaging devices while driving.

The recommendation is the most far-reaching yet by the National Transportation Safety Board, which in the past 10 years has increasingly sought to limit the use of portable electronic devices — recommending bans for novice drivers, school bus drivers and commercial truckers. Tuesday’s recommendation, if adopted by states, would outlaw non-emergency phone calls and texting by operators of every vehicle on the road.

It would apply to hands-free as well as hand-held devices, but devices installed in the vehicle by the manufacturer would be allowed, the NTSB said. […]

At any given daylight moment, some 13.5 million drivers are on hand-held phones, according to a study released last week by the National Highway Traffic Safety Administration. Some 3,092 roadway fatalities last year involved distracted drivers, although the actual number may be far higher, NHTSA said.

* Part of the rationale

The announcement of the recommended ban followed an NTSB board meeting about the 2010 multi-vehicle highway accident in Gray Summit, Mo., that killed two people and injured 38 after a pickup truck ran into the back of a truck-tractor that had slowed because of a construction zone, officials said.

“The NTSB sees that incident and others as an example of how using cell phones and other personal electronic devices can have deadly consequences,” a spokesman said.

A recent NTSB investigation of the 2010 crash showed that the pickup driver sent and received 11 text messages in the 11 minutes before the accident, including one text received moments before his vehicle struck the truck-tractor.

Illinois already bans mobile phone use in construction zones and school zones. Illinois also bans texting while driving.

* State Farm’s new survey

In a new survey of nearly 900 motorists, the company found that use of mobile web services has increased dramatically over the last two years.

For drivers 18-29:

    * Accessing the internet while on a cell phone while driving increased from 29 percent in 2009 to 43 percent in 2011.
    * Reading social media networks while driving increased from 21 percent in 2009 to 37 percent in 2011.
    * Updating social networks while driving increased from 20 percent in 2009 to 33 percent in 2011.

* So far, though, banning all mobile phone use while driving appears to be a no-go with the states

“States aren’t ready to support a total ban yet, but this may start the discussion,” said Jonathan Adkins, a spokesman for the Governors Highway Safety Association.

NTSB chairman Deborah Hersman acknowledged the recommendation would be unpopular with many people and that complying would involve changing what has become ingrained behavior for many Americans.

* Some Illinois legislative react

“I don’t think we need the federal government telling us what we should or shouldn’t do for cellphones,” said state Rep. David Leitch, R-Peoria. “It’s not like no one’s been acting on cellphone policy (in Illinois). They have. I think we’re capable of figuring this out ourselves.”

Leitch noted that state lawmakers already have acted to make illegal the practice of text messaging while driving and have separately also banned the use of cellphones by drivers passing through construction zones.

Meanwhile, state Rep. Jehan Gordon said she wanted more time to review the proposal and the detail behind it before deciding whether or not she favored it and pledged to “keep an open mind.”

However, the Peoria Democrat argued that “we’ve become a generation of people who try to multitask at all times . . . sometimes we’re forgetting the basic notion of safety.”

Thoughts?

  64 Comments      


Question of the Day - Golden Horseshoe Awards

Wednesday, Dec 14, 2011 - Posted by Rich Miller

* The Golden Horseshoe Award for best legislative campaign staff director is Will Cousineau, of the House Democratic staff. Will not only got a ton of nominations, but they were the best written and most insistent. His father even chimed in

My vote is for my son, Will. There are many times that he can not be with us because of his dedication to his job. Other times he may be with us but always takes whatever time is necessary to stay connected to those who count on him at the state. He is dedicated, loyal, strategic and conscientious. I could not dream of a career that he would be more devoted to. You are fortunate to have a person like him in your court.

Frankly, all of the campaign staff directors are solid people and are good at what they do. I respect every one of them. They’re all winners in my book. So, the other three tied for runner-up.

* On to today’s nominees. First up, the Beth Hamilton Golden Horseshoe Award for best House secretary/admin. assistant. We named it after Beth because she kept winning.

And, then, of course, we have the Golden Horseshoe Award for best Senate secretary/admin. assistant.

Have at it, and remember to explain your nomination in full. This is not a game of numbers, it’s about the intensity of the nominations. Thanks much.

...Adding… Try to nominate in both categories, please.

  68 Comments      


*** UPDATED x1 - Reporter won’t be forced to turn over notes *** Blagojevich claims he has a drug problem

Wednesday, Dec 14, 2011 - Posted by Rich Miller

*** UPDATE *** Good news

A federal judge today said a Chicago Tribune reporter does not have to turn over her notes from an interview of a juror in the William Cellini trial who apparently concealed her felony background during jury selection. […]

At a hearing today, U.S. District Judge James Zagel said Sweeney did not have to turn over her notes because Chiles did not say anything of merit.

[ *** End Of Update *** ]

* ABC7 says Rod Blagojevich is claiming to have a drug abuse problem

Blagojevich’s attorneys also asked that the ex-governor be included in a prison residential drug abuse program. Successfully completing that can shave as much as a year off a sentence, but to qualify Blagojevich would have to show a documented pattern of substance abuse in the 12 months before his arrest three years ago.

“It wasn’t mentioned during the first trial, it wasn’t mentioned during the the second trial at all, even when he testified, so I think that you have look at that a little skeptically,” said Cramer.

You will recall that Scott Fawell recommended that Blagojevich apply for admittance into the program in order to take some time off his sentence. Blagojevich ought to be asked publicly about details before that request is granted.

* And the Tribune looks at why Rod Blagojevich may have wanted to be imprisoned in Colorado

At first blush, Blagojevich’s request for a prison 1,000 miles from Chicago would seem to be an odd one, especially since attorneys said his family doesn’t plan to move to Denver. Blagojevich’s legal team on Tuesday did not explain the reasoning behind the choice. But Sam Adam Jr., a former attorney for Blagojevich who remains close to the ex-governor, said Blagojevich opted for the Colorado prison because of its reputation and proximity to Denver and its airport.

“My understanding is that it has fewer fighting outbreaks and gang problems,” Adam said. “And since this is not going to be a camp, you have to consider who goes there.”

While Blagojevich’s lawyer acknowledged the former governor would have preferred a federal prison camp and its lesser restrictions, he likely wouldn’t qualify for that because he was sentenced to more than 10 years in prison — the usual cutoff for camps.

Larry Levine, a prison consultant who served time himself, said that the Littleton institution also offers some perks not available at a similar facility in Milan, Mich., the closest low-security federal prison to Chicago. It has a smaller inmate population than Milan, one additional day a week for families to visit and perhaps most importantly, a camp that Blagojevich could move to in a few years, Levine said.

Blagojevich’s family isn’t moving to Colorado, so they’ll have to fly out to visit him. That could be costly

Scott Fawell, former chief of staff to former governor George Ryan, served four years at a prison in Yankton, South Dakota.

He says Blagojevich’s preference of a prison in Colorado - more than a thousand miles from home - will be a costly one.

“We tallied it up. It was about $21,000 for Andrea to come and see me on a regular basis,” said Fawell.

* Meanwhile..

A federal judge is scheduled to hear arguments on whether a juror’s criminal record entitles convicted Springfield powerbroker William Cellini to a new trial.

After Cellini was convicted Nov. 1 of trying to shake down a Hollywood producer for a campaign donation, it was revealed that a juror hadn’t disclosed two felony convictions.

Cellini’s attorneys say that juror cannot be trusted and compromised the verdict. Prosecutors argue the juror wasn’t automatically disqualified.

Judge James Zagel has set a Wednesday hearing.

More

The newspapers’ plight has garnered support from the Chicago chapter of the Society of Professional Journalists, which has criticized Zagel’s rulings on media issues in the past. The organization’s leadership said it objects to the reporters’ notes being used to do work that should be done by court officers.

“There isn’t anything the Tribune found that the judicial system and law enforcement couldn’t have found on their own,” said Beth Konrad, a past president of the Chicago chapter and a Loyola University Chicago journalism professor. “You can’t have a journalist acting as an arm of the courts.”

The situation also is being monitored nationally by First Amendment advocates, who argue that the public’s faith in both the court system and an independent press could be eroded if reporters are forced to surrender their work product.

“The last thing you want as a journalist is to be seen as an operator for the government, the judiciary or the defense,” said Lucy Dalglish, executive director of the Reporters Committee for Freedom of the Press. “How are citizens supposed to trust you if they think you’re working for someone else? They need to know you’re operating independently.”

* And while I may live to regret this, how about a caption contest? Here’s Judge James Zagel…

Winner will get a free ticket to a big party I’m throwing early next year. Sorry, but I can’t be more specific than that.

* Related…

* Brown: Strict rules for Blagojevich’s prison stint

  121 Comments      


*** UPDATED x3 - VIDEO - LiveBlog restarted - Radogno responds - Cross: Repeal corporate tax hike *** More questions about yet another biz survey

Wednesday, Dec 14, 2011 - Posted by Rich Miller

* Journalists love surveys or studies that hand out grades. For instance, here’s a Tribune story entitled “‘D’ for Illinois in getting high-quality jobs for incentives”

Illinois’ main economic development programs don’t have enough safeguards in place to make sure taxpayers get quality jobs from companies receiving incentive packages, according to a national analysis of state programs to be released Wednesday.

Good Jobs First, a Washington-based nonprofit that researches economic development subsidies, gave Illinois a D in the report, saying the state doesn’t require companies to offer workers health benefits or set goals on their pay. Those drawbacks more than offset the state tying incentives to jobs.

* Crain’s

Illinois lags most other states in requiring that high-quality jobs result from its business relocation and retention incentives, a new study found. […]

“For a state that’s a big spender, to be rated this low and to be under the gun with high-profile deals like Sears or Motorola Mobility or CME, Illinois needs to be sure the jobs it is subsidizing pay good wages and have health care,” said Greg LeRoy, executive director of Washington, D.C.-based Good Jobs First, a non-profit critic of corporate subsidy programs, which conducted the study.

Click here to read the Illinois study. More info is here.

* The problem with this study is it looked at statutes and not results. So, for instance, a few of the major beneficiaries of state incentives over the past year have included Ford, Motorola Mobility, CME Group and Sears. All of those companies have solid wages and benefits at their headquarters and/or factories. But, the study doesn’t look at that.

Also, on the basics like job creation, job retention or training requirements, Illinois gets a perfect score in all but one of its incentive programs. In fact, in its “Performance Requirements” category, Illinois scores 140 out of 175, and has perfect scores 11 out of 15 times.

* However, the group does make a good point. The race to the bottom shouldn’t be happening here. We shouldn’t be using tax credits to create minimum wage jobs, which has happened in other states. Illinois has no market-based or even non-market based wage requirements, no healthcare coverage requirements and no other benefit requirements.

* One other point, according to Good Jobs First, states spent $11 billion on business incentives last year. Illinois spent $148.7 million in 2010. That’s just barely over 1 percent of the total spent nationally. We have a long ways to go before we’re spending more than other states.

…Adding… From Good Jobs First…

Rich,

Just thought I’d respond to your criticism that we only looked at statutes. We looked at both statutory language (statutes, administrative code, rules, other publications by the agency) as well as interviewed officials about what is typically included in subsidy contracts. DCEO was surprisingly difficult to get a straight answer and required us to file a number of FOIAs just to learn what the practices were with these programs. Ultimately, they rejected our most of our requests. Other states are very clear on what their programs require. Take, for instance, Virginia. It puts up documents detailing what each program requires. DCEO doesn’t do that. Conducting economic development on an ad hoc basis behind closed doors is not the standard set in other states.

While it’s true that Illinois does “only spend” $150 million in this fiscal year, we also know that many of the EDGE tax credits are not utilized (per Chicago Tribune investigation) because companies don’t have liabilities these days. Single Sales Factor apportionment, other than the down economy, is the most likely reason why many companies don’t have tax liabilities. When the economy bounces back in Illinois, it is quite likely that these blank check tax credits will bump up costs to the state. Since taking office, the Quinn administration has awarded $600 million in EDGE tax credits alone. These will cost the state at some point in time, even if it’s not today.

These state figures also ignore how much Illinois spends on local subsidies like TIF and property tax abatements. The last time anyone counted, in 2008, TIF alone diverted over $1 billion in property tax revenues from local governments. It could be the case that state aid to local governments is picking up the tab for the revenue loss from local subsidies.

Best,

Thomas Cafcas

Good Jobs First

…Adding More… Response from DCEO…

While it is not the department’s usual practice to engage in political rhetoric through the media, we feel it is important to address a number of the claims made by Thomas Cafcas to the Capitol Fax. After Mr. Cafcas contacted DCEO regarding film subsidies, we arranged a conversation with the director of the Illinois Film Office and other DCEO officials. Following that conversation, DCEO sent him the attached letter, which included the offer to provide any additional information he needed.

We make every effort to provide the public with adequate and timely information related to our programs, which is why much of the information related both to our services and our program expenditures is now posted online. It’s unfortunate that Mr. Cafcas seems to be more concerned with garnering headlines than serving as the public watchdog his agency purports to be. Were they genuinely interested in productive dialogue aimed at boosting job creation, perhaps they would have shared their findings with states – rather than just the media.

A fact that is missing from Mr. Cafcas’ letter is that the $150 million or so the state has made in EDGE investments, it has supported nearly $11.5 billion in actual and projected investment, and created and retained tens of thousands of jobs. Since January 2010, Illinois has added 108,100 jobs and saw the largest job gain in the nation (more than 30,000) in the month of October. We acknowledge there is still more work to be done, and this administration is committed to continuing our work to bring businesses to Illinois by highlighting our tremendous assets such as reforms to unemployment insurance and the workers’ compensation program; investments in our infrastructure, innovation and foreign trade; and of course highlighting our world-class workforce. Those are the headlines that matter to us in Illinois.

Thanks,

Marcelyn Love

Communications Manager

Illinois Department of Commerce and Economic Opportunity

* In other news, check out the bump to earnings per share for CME and CBOE from the tax package

CME’s earnings per share will be about 4.76% higher than they would have been; CBOE’s will be 3.16%, [Chicago exchange analyst Niamh Alexander of Keefe Bruyette & Woods Inc.] estimated.

Did anybody buy stock this week?

* And while CME Group was lobbying for a big tax cut, it was also angering traders, who say the firm’s new rules could leave them out of a job

CME said it will start incorporating data from electronic trading to set grain and livestock closing prices by next spring, a move that could sharply limit the role of the trading pit where closing prices have always been set.
We essentially leave it up to the governor’s office to make sure that these incentives aren’t being doled out to companies that don’t care about their employees. […]

While the pits are typically quiet for much of the day, the final minutes of each trading session are marked by frenetic buying and selling because only pit-traded dealings are used to set the official end-of-day price. […]

CME has a long history of adopting rules that tend to push trading to the computer screens, in large part because once contracts are traded electronically, volume historically rises. […]

“Basically it will be a pit killer,” said Jim Clarkson, an analyst for A&A Trading. “My feeling is big traders, including funds with the big volume, want the business on screens. But I believe the more traders you have, the better markets you have. In the end, all electronic trade will be much more volatile with bigger price moves.”

* House Republican Leader Tom Cross is having a press conference today at 9:30 about the corporate tax rate. I may do a live blog. We’ll see. Check back

House Republican Leader Tom Cross, of Oswego, who has called for rolling back the temporary increase in the corporate income tax, is expected to unveil legislation regarding that tax Wednesday morning.

* And Gov. Pat Quinn and Senate GOP Leader Christine Radogno both offered up observations yesterday…

“Sometimes when you have an emergency, where another state is trying to take a big employer… we’re not going to stand on the side of the road and watch them do it,” [Quinn] said. “We’re going to roll up our sleeves and protect our jobs.” […]

Senate Minority Leader Christine Radogno, R-Lemont, said she’s willing to say “no more” to individual business tax breaks until the state’s corporate income tax structure is reviewed.

“I don’t call the shots entirely, but I think that’s one approach,” she said. “We need to say, ‘We recognize we have a problem,’ I think you heard a lot of recognition of that today. We need comprehensive reform, and that may be one way to hold our feet to the fire to get it done.”

* Quinn presser video

Many thanks to BlueRoomStream.com for the vid.

*** UPDATE 1 *** Leader Cross’ presser is starting, so let’s go to the ScribbleLive session feed. BlackBerry users click here, iPad and iPhone users remember to use the “two-finger” scrolling method…

*** UPDATE 2 *** From Senate Republican Leader Christine Radogno…

“We’re hopeful the House effort is successful and we’ll have the opportunity to repeal the tax increases that are driving jobs out of Illinois and hurting families. Our similar efforts in the Senate have so far fallen on deaf ears. But perhaps, with the spotlight now clearly shining on the failure of the Democrats’ tax increases and fiscal management, they will join with us to take a comprehensive look at Illinois’ tax structure, business regulation and over-spending.”

* Related…

* Illinois tax breaks could trigger demand for more

* Cat: R&D provision ‘a small step’: “Passage of this bill does not alter the fundamental dynamic for the state as a place to do business. From a financial standpoint, Illinois is a patient in critical condition. Yet Springfield continues to react in crisis mode, using Band-Aids rather than developing a long-term plan to get the state on the road to being healthy,” Dugan said. “We hope our political leaders can move away from this crisis approach and develop and implement a long-term strategy that moves Illinois away from being rated 48th out of 50 states in terms of business climate to a ranking that will encourage job creation, business growth and business involvement.”

* A little extra Sears background

* Sears will stay in Hoffman Estates if Quinn signs tax breaks

* Illinois Senate passes tax relief package to keep CME, Sears

* Sears EDA bill passes, heads to Quinn to sign

* Rosenthal: Tax wishes keep Sears, CBOE, CME Group home in Illinois for holidays and beyond - Incentive package, worth an estimated $371 million a year, heads to governor for approval

* Press Release: Chamber Commends Illinois Governor and Legislature’s Support for Business

* Press Release: Sears Holdings Applauds Illinois Lawmakers for Recognizing Company’s Value to the State

* Bill to ease rules for small cemeteries sent to governor

* Illinois lawmakers lighten up on smaller cemeteries

  51 Comments      


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

Wednesday, Dec 14, 2011 - Posted by Rich Miller

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

Wednesday, Dec 14, 2011 - Posted by Rich Miller

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Duckworth’s new anti-Walsh video, plus a bunch of campaign stories

Tuesday, Dec 13, 2011 - Posted by Rich Miller

* Tammy Duckworth has a new Internet video bashing Joe Walsh. Rate it

From NBC5’s blog

The video replays footage of Walsh’s famous brunch-time freakout at Uno Chicago Bar & Grill, over a soundtrack of The Clash’s cover of “Brand New Cadillac,” which is supposed to make us feel that Walsh is out of control.

“Don’t blame banks and don’t blame the marketplace for the mess we’re in right now,” he shouts. “I am tired of hearing that crap.”

Without a doubt, this Walsh candidacy is gonna be a fundraising bonanza for Duckworth and Raja Krishnamoorthi, but

It is not true that House Speaker John Boehner (R-Ohio) promised Walsh $3.5 million for an 8th district run. Last week, Walsh switched from the 14th district, where he faced a GOP primary with Rep. Randy Hultgren (R-Ill.)

“That number credited to him is not accurate,” Cory Fritz, Boehner’s political spokesman told me Monday. Duckworth is using the $3.5 million number to help jumpstart her donations, attributing it to a report in a suburban paper.

* Meanwhile, Peter Roskam isn’t exactly champing at the bit to endorse Walsh

Rep. Peter Roskam (R-Ill.), a member of House leadership, says it is premature to back anyone yet because a federal court panel in Chicago has not yet ruled on the legality of the Democratic-drawn congressional map. The map is designed to help Democrats pick up seats.

“We’re not even convinced the new 8th District is going to exist. So It is entirely premature to discuss any hypothetical matchup while the map is still with the Courts,” Dan Conston, Roskam’s spokesman told me.

* Duckworth’s campaign is doing whatever it can to generate press, including placing stories about old donations

Top House and Senate leaders cut checks for Iraq War veteran Tammy Duckworth’s (D-Ill.) House bid recently — a strong signal that top Democrats are ready to make a significant investment in her campaign for the 8th district.

House Minority Leader Nancy Pelosi (Calif.), House Minority Whip Steny Hoyer (Md.) and Senate Majority Leader Harry Reid (Nev.) donated to Duckworth in the past couple of months via their campaigns or political action committees, according to the House hopeful’s campaign.

The disclosure comes only a few days after freshman Rep. Joe Walsh (R) announced he’ll seek re-election in the 8th district instead of running against his fellow GOP freshman Rep. Randy Hultgren. The donations are also notable because Duckworth faces former Illinois Deputy Treasurer Raja Krishnamoorthi in the Democratic primary this March.

* In other campaign news, the idea for allowing candidates to draw a salary from their campaign funds was designed to let the non-wealthy compete with people who didn’t have to work for months at a time. But, of course, it was inevitable that somebody would take advantage of the law…

Chicago aldermen get paid $114,000 a year, but a FOX Chicago News investigation finds two of them are paying themselves out of their campaign funds for extra work, like marching in parades, passing petitions, and slating candidates at political meetings.

Ald. Danny Solis (25th Ward) has paid himself $194,778 since 2004.

“My job is to promote the Democratic Party in the 25th Ward, and that’s what I paid myself for,” Solis said. “If I paid a consultant, they would probably get paid maybe a little more than that if they were doing this full-time.”

The practice of paying for political work is completely legal, but David Morrison from the Illinois Campaign for Political Reform says when politicians pay themselves, it creates huge ethical problems.

“I can’t give you a bribe, but if I can give you money you can convert to your own use it’s the same thing,” Morrison said.

That’s less than $28K a year, but the guy is making a decent buck as an alderman.

* I’m not sure that leaving something out of a Tweet is the worst thing I’ve ever seen

Lots of people in Washington, D.C., own lots of stock in companies whose profits are affected by federal legislation. But one holding by DuPage County Congresswoman Judy Biggert now is drawing particular scrutiny.

According to her federal financial disclosure, Ms. Biggert, R-Hinsdale, is one of four members of Congress who own stock in TransCanada Corp., the company whose plans to lay pipeline from Alberta to the American Midwest have stirred an environmental furor and have been at least temporarily sidetracked by the Obama White House.

Ms. Biggert’s stake is valued at between $1,000 and $15,000, according to the disclosure.

If that’s all that was there, the matter likely wouldn’t be worth much more review.

But, as first reported by the Sunlight Foundation, a Washington research group, Ms. Biggert last month tweeted about the White House action, writing, “WH caves to anti-American energy lobby, delays job-creating Keystone XL Oil Pipeline.”

Nowhere in the tweet did she mention her ownership of up to $15,000 in stock.

  17 Comments      


*** UPDATED x2 - Blagojevich gets extension *** Zagel demands reporter’s notes, documents

Tuesday, Dec 13, 2011 - Posted by Rich Miller

*** UPDATE 1 *** From NBC5

Rod Blagojevich’s attorneys on Tuesday requested a 30-day extension on the date the former governor must report to prison. Judge James Zagel granted the extension during a hearing at the Dirksen Federal Building.
Blagojevich’s new date is March 15.

During the hearing Blagojevich’s attorneys also made a request for which prison he’ll be sent to. They asked for Englewood, Colo.

[ *** End Of Update 1 *** ]

* This is not cool

A federal judge ordered a Chicago Tribune reporter on Monday to turn over notes and other related documents concerning a juror who apparently concealed her criminal record in the William Cellini trial, a directive the newspaper called “unnecessary” and harmful to the independence of the reporting process. […]

During a brief hearing last week, U.S. District Judge James Zagel brought up the idea of compelling the Tribune to turn over its notes from a conversation with the juror before any of the lawyers in the case even raised the issue. The judge identified the juror in Monday’s ruling as Candy Chiles.

The defense argues that the Chicago woman compromised the verdict by concealing her criminal history and potential bias during jury selection. In an effort to bolster their position, Cellini’s lawyers sought access to notes of Tribune reporter Annie Sweeney from a brief interview with Chiles.

In his ruling issued late Monday, Zagel ordered that Sweeney “produce any and all notes, memoranda, tape recordings, documents, or other records, from Oct. 3, 2011, to present, of any conversations the journalist had with the juror” related to her previous criminal history or answers during jury selection.

I really don’t think judges ought to be nosing around in reporters’ notebooks. I asked Dick Ciccone, Cellini’s spokesman, about why they’d ask for such a thing…

It is simply to learn if the juror said anything about Cellini or the trial that did not appear in their stories.

* Tribune editor Gerould Kern’s response

“Journalists must be free to ask questions and collect information secure in the knowledge that their notes will not be seized by the government or litigants in court and used for other purposes. Unfortunately, that security now is threatened by this ruling.

We believe that these subpoenas are unnecessary and in fact do harm to the independence of the reporting process. We are disappointed by Judge Zagel’s ruling, and we now are considering our options.

We do not know why this juror’s record or suitability for service were not ascertained earlier by the court. Had that occurred, we might not face this situation now.

We argued in our court filing that there are other, more direct sources of information available to learn about the juror’s record and actions. These include the court’s jury selection records, the juror herself, her friends and family, and her fellow jurors.

Public court records also are available to everyone in this case, as they were to us when we revealed the felony convictions in our Nov. 11 story. “

Thoughts?

*** UPDATE 2 *** Annie Sweeney tells us what happened when she talked to the juror in question

Something has come up about you, I said. I am not here to judge, but we know about your convictions. And now there are questions about whether you were eligible to serve on the jury.

She began repeating the word no and indicated she did not want to be interviewed.

I continued talking. I was not taking notes.

She said she had nothing to say and told me to leave. She then made one brief remark that was not in direct response to a question. She said something about they should have known. I am not sure those were her exact words and I did not understand what she meant. I didn’t have an opportunity to ask her to explain it.

At some point I also asked her about her jury questionnaire in which she revealed she had a criminal history in her family but failed to put in the details.

She did not answer my questions and kept asking me to leave, so that’s what I did. The brief conversation ended before I could get a meaningful statement from her and I went to my car and wrote down my recollections of her remarks. They were not verbatim and not in perfect chronological order.

  32 Comments      


What’s up with that pension bill?

Tuesday, Dec 13, 2011 - Posted by Rich Miller

* Today’s SJ-R has by far the best explanation I’ve seen in print of the constitutional argument in favor of the pension reform bill that was sent to Gov. Pat Quinn’s desk

Senate Democratic leaders, who are aligned with the House Republicans on this issue, believe that in the case of the two IFT officials, Steven Preckwinkle and David Piccioli, another part of the constitution backs their position.

Preckwinkle and Piccioli taught for a day in the Springfield School District in 2007, taking advantage of earlier legislation that allowed union officials to get into the teacher pension fund and count previous years as union employees. They were required to obtain teaching certificates, conduct classroom work and buy pension credits.

However, Article 8, Section 1 of the Illinois Constitution bars public funds from being used for anything but public purposes. Senate Democrats believe the loophole employed by Preckwinkle and Piccioli violated that provision of the constitution, thereby allowing lawmakers to revoke their pensions.

The other side of the argument is that the bill will allow the courts to test the constitutionality of taking away benefits from active employees.

* Sponsoring Rep. Kevin McCarthy laid out his reasoning for having proposed what amounts to a “just in case” trailer bill

“If we only go forward with the one (piece of legislation) and that is found to be unconstitutional, then it’s as if we did nothing,” McCarthy said.

McCarthy said almost every lawmaker opposes what Preckwinkle and the other union leaders did. But he’s not sure that the Illinois Constitution allows the Legislature to change pension benefits once someone has paid into the system.

State Rep. Frank Mautino, D-Spring Valley, said the question about Preckwinkle and the other double dippers is not a question of right and wrong.

“Is it legal, that’s the question,” said Mautino. “If a court rules against (the pension reforms) then you have case law, a legal precedent, that public pensions cannot be altered.”

* Tribune editorial board

We don’t expect the perpetrators — a slew of Democrats in the Illinois House — to confess. But let’s all remember what they nearly achieved in Springfield late Sunday afternoon, when half of Illinois was shopping and the other half was watching the Chicago Bears.

That obscurity would have been perfect cover for gutting important elements of legislation to crack down on egregious pension abuses that are cheating rank-and-file union members and millions of Illinois taxpayers.

We can’t prove beyond a reasonable doubt that the arrival of four news reporters at this special meeting of a House pension committee radically changed its outcome. See whether you think the Democrats, realizing that they had been found out, hurriedly abandoned a plan to help some important union officials who just happen to be their political allies:

Even if the amendment had passed, the House Republicans and several Democrats would’ve created a huge ruckus on the House floor the following day. And even if it did pass the House, this bill would have never passed the Senate, so wiser heads prevailed.

However, Sunday’s committee hearing did show that the House Democrats aren’t at all enamored with the prospect of having a law out there which could test the constitutionality of taking away pension benefits from current employees, no matter what they may be saying in public. And, needless to say, the bill which already passed is putting the governor in a very tight spot with the unions.

* Roundup…

* State halts sales of underwater college savings plan - Illinois stops accepting new participants due to gap in funding: The new report, commissioned by the Illinois Student Assistance Commission, finds that, as of March 31, the fund was 30% short of what it needed to meet its long-term obligations. That was about the same shortfall found on June 30, 2010, the date of the previous financial-health study. But the latest review incorporates lower, and probably more realistic, forecasts on investment returns and sales of new contracts, assuming they resume.

* Illinois youth prisons fail inmates, society, report says: Illinois’ youth prison system is an expensive failure with more than half of young offenders returning within three years of their release, many of them for trivial problems such as skipping school and staying out late, according to a new report. The Illinois Juvenile Justice Commission made the report for Gov. Pat Quinn and the legislature and issued it publicly Tuesday. The report makes recommendations it says could save nearly $80,000 per imprisoned youth annually, without sacrificing public safety.

* Report: Illinois failing to help young offenders

* Kadner: Corrupt schools boss gets 18 months’ probation

* Meter company sends city $13.5 million bill for disabled parking: Chicago Parking Meters LLC sent the city a $13.5 million bill to cover losses from people who used disability placards or license plates to park for free in metered spots between Feb. 28, 2010, and Feb. 28, 2011, records show. The parking-meter company didn’t gauge how many of those drivers were legitimately disabled — though its surveys have city officials convinced that fraud played a major role in the bill being that high.

* Vote on Central Illinois power plant proposal expected to be pushed to 2012

* IDOT finalizes rail agreement for Chicago-Moline route

* Illinois passenger-rail projects land TIGER III grants

* Teachers present ‘controversial’ ideas for longer school day

  16 Comments      


*** LIVE SESSION UPDATES ***

Tuesday, Dec 13, 2011 - Posted by Rich Miller

* The Senate convenes at noon. Here’s the day’s tentative schedule from the Senate Democrats…

12:00 Session Begins

12:30 Senate Democratic Caucus

1:30/2:00 Executive Committee will begin to consider SB 397 and SB 400

2:30 Floor Action on SB 397 and SB 400

Watch or listen by clicking here.

BlackBerry users click here, iPad and iPhone users remember to use the “two-finger” scrolling method…

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Protected: SUBSCRIBERS ONLY: More on the McSweeney challenges

Tuesday, Dec 13, 2011 - Posted by Rich Miller

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Question of the day - Golden Horseshoe Awards

Tuesday, Dec 13, 2011 - Posted by Rich Miller

* Our first winner from yesterday’s nominations for Senate Democratic campaign staffer is Noe Chaimongkol. An anonymous commenter summed him up…

Never gets the credit he deserves, especially on the political side. Don’t let his quiet demeanor fool you. He knows strategy backwards and forwards and is a someone every candidate should want in their corner. And really - Linda Holmes, twice? That’s worth a horseshoe in itself.

* Runner-up is Bryen Johnson. Here’s “Sideline Watcher’s” nomination…

Bryen Johnson for many of the reasons listed above but mostly because in politics it can be very easy to get cynical and jaded. Bryen erases all that by being an absolutely genuine, hardworking, honest broker who plays to win. We need more people like him, especially in this environment.

Agreed.

“Michelle Flaherty” wanted a special playoff on this one, but it’s not to be…

How about a pay-per-view smack down between Bryen and Noe? It could be broadcast online to CapFax subscribers.

Winner gets the horseshoe.

LETS GET READY TO RUMBLE !!!!!!!!!!!

* Our winner on the Senate Republican campaign staff is Jo Johnson

Jo Johnson does a swell job on the legal side of things. She’s quick-witted and direct.

She’s done a heckuva job during the petition phase as well.

* A whole lot of people nominated Ryan Cudney, but Ryan runs the operation, so I’ll give him an honorable mention here rather than a runner-up. There were also a ton of nominations for Magen Ryan, who runs the SDem operation, so she also gets an honorable mention.

But instead of pitting the top dogs against their own staff, I’ve decided that we need a new category this year: Best legislative campaign staff director

* Will Cousineau - House Democrats

* Kevin Artl - House Republicans

* Magen Ryan- Senate Democrats

* Ryan Cudney - Senate Republicans

Make extra sure to explain your nomination in comments, please. I’ll just ignore a simple name. I can’t stress enough that this contest is based far more on intensity than numbers.

And I know how competitive some of y’all are when it comes to partisan campaigns, so do your very best to avoid slamming somebody else. Just stick to the positive aspect of your own nomination, please. Any negativity will hurt your candidate.

…Adding… I’ve already nullified two votes because people are ignoring my insistence that they stay positive. It won’t be too many more of these and the candidate with the most negativity on his or her behalf will be disqualified. Final warning, people. Enough.

  31 Comments      


*** UPDATED x1 *** Illinois snags Indiana company

Tuesday, Dec 13, 2011 - Posted by Rich Miller

* If nothing else, the corporate tax cut bill raids Indiana

An Indiana-based maker of automobile replacement parts is one step closer to receiving a tax incentives package worth $3.5 million over 10 years that would see the company move its corporate headquarters to Illinois.

UCI International Inc. is the latest in a growing number of companies seeking a special break in exchange for jobs. The company was added last week to a bill aimed at keeping Sears Holdings Corp. and CME Group Inc. from exiting the state. The Illinois House approved the tax-break package Monday. The Senate is expected to consider it Tuesday.

Look, I’m no fan of these cross-border raids, but I’m really getting tired of Indiana and other states bad-mouthing Illinois and attempting to steal our companies.

A buddy of mine had an interesting suggestion yesterday. Every time one of these states tries to lure a company out of Illinois, we ought to go after one of that state’s biggest companies with everything we have. In other words, the “Chicago Way.” Don’t bring a knife to a gun fight, fellas.

We might not have to do that too many times before other states get the message: Lay the heck off.

For instance, how about we make an offer on the Indianapolis Colts? The team sucks this year, but they’ll improve when their quarterback returns. We could move it to Arlington Heights in exchange for no slots at tracks. And then we could grab the Pacers and move them to the Metro East or the STAR Bonds district in Marion. St. Louis has no basketball team, so let’s get one and grab another state’s money in the process.

OK, that was mostly snark. But, seriously, we can’t just sit by and allow ourselves to be hammered like this. Repealing the tax increase would cost too much money and put the state in an even deeper fiscal hole. Maybe it’s time to fight fire with an even bigger fire as well as reforming some business laws.

* Back to the tax cut package stories

The Illinois House approved a package of tax relief on Monday for families and businesses, including some big names like Sears and the Chicago Mercantile Exchange that are threatening to leave the state.

When fully phased in, the tax cuts would cost state government roughly $320 million a year. Chicago-based financial exchanges operated by CME Group Inc. and CBOE Holding Corp. would get about $85 million of that tax relief. Sears Holdings Corp. would get about $15 million.

Those companies have warned that they might move their operations to other states unless Illinois offers them incentives to stay.

During the debate, protesters unfurled a banner saying “Stop Corporate Extortion.” They were soon led out of the House chamber and discussion of the bills resumed.

* Illinois Statehouse News has video of the protesters

*** UPDATE *** Here’s a much better video posted by the occupiers

[ *** End Of Update *** ]

* The view from Indianapolis

The Illinois House approved tax breaks for the Chicago Mercantile Exchange Monday in a move that could cut short its parent company’s talks with outside suitors, including Downtown Indianapolis and Carmel.

It was CME Group Inc., after all, that made noises about relocating most of its highly paid 2,000 employees to another state after the House initially voted down a similar measure last month.

Still, the Indianapolis mayor’s office is watching the developments closely until any possibility of a move is off the table.

* The view from Mark Brown

Don’t let them fool you. This is the haves getting more and the have-a-littles paying for it.

* The view from D300

Also, local governments — such as Community Unit District 300 in Carpentersville — would get about double the property taxes they now get from the deal, and Hoffman Estates wouldn’t be allowed to use its share to run or pay for the Sears Centre.

“This is a bittersweet victory for us,” said District 300 Superintendent Michael Bregy, who was in Springfield Monday. He noted that while the school district will get more money under the plan the House approved, it wasn’t as much as he wanted.

“We were able to negotiate the best possible deal,” Bregy said.

* The Republicans

Thirty-nine Republicans supported the [corporate tax cut] plan after accounting for only one of the eight votes on Nov. 29.

“It’s not a break. It’s not a credit. The reality is they’re being taxed on all of their trades, and that’s not fair. That’s not right,” House Minority Leader Tom Cross (R-Oswego) said of CME, whose trades are taxed by Illinois whether they occur in or out of the state. […]

House Republicans were mostly missing in action on the other piece of the tax-relief package that passed 67-49. It would double the earned income tax credit available to the working poor and increase the standard exemption for all taxpayers by tying it to the rate of inflation.

* The Senate

Senate President John Cullerton, D-Chicago, and Senate Republican leader Christine Radogno, of Lemont, each are optimistic the provisions will win Senate approval on Tuesday, according to their respective aides.

The measures are nearly identical to those of a single, overarching package that received bipartisan support in the Senate late last month, only to be shot down in the House.

“We had agreement about what was put into one proposition and we hope there will be the same level (of) support,” said John Patterson, a spokesman for Cullerton.

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

Tuesday, Dec 13, 2011 - Posted by Rich Miller

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*** All-Day ScribbleLive News Updates ***

Tuesday, Dec 13, 2011 - Posted by Rich Miller

* I’ll post a session-day version of this sometime around mid-morning. The Senate convenes today at noon, but no committees are scheduled.

BlackBerry users click here, iPad and iPhone users remember to use the “two-finger” scrolling method…

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