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AFSCME opposes Pritzker administration request for more time on impasse case

Thursday, Jan 24, 2019 - Posted by Rich Miller

* The state today asked the Illinois Supreme Court for a 90-day extension of the deadline to appeal the appellate court’s decision in the AFSCME contract contract impasse case. The appellate court had vacated the Illinois Labor Board’s finding that there was an impasse.

From the motion

The State requests a second extension of time to allow the new administration sufficient time to review with legal counsel the issues in the case and related matters and the potential arguments in support of the petition.

Gov. Rauner’s administration sought and received a delay last year. The state had until today to file its motion.

* AFSCME Council 31…

We’re preparing to file an objection to this motion. There’s no need for another extension or further review of the appellate court decision, which found that Bruce Rauner wrongly walked out on negotiations, falsely claiming the parties were at impasse.

While we’re pleased that Governor Pritzker has made clear he intends to return to the bargaining table, that’s all the more reason to drop Rauner’s impasse appeal.

The governor’s office also claimed today that the state is working with AFSCME to seek extensions of time or stays in other pending litigation to allow the state some breathing room to review all of the pending matters and give the government and AFSCME an opportunity to return to the bargaining table.

* From Jordan Abudayyeh in the governor’s office…

Governor Pritzker’s priority is to return to the bargaining table and negotiate a contract with state workers that is fair to both the state’s dedicated workforce and fair to taxpayers.

* AFSCME is gonna want a lot…



…Adding… More…



  81 Comments      


Anti-reefer madness

Thursday, Jan 24, 2019 - Posted by Rich Miller

* Sun-Times editorial

We’ve said before that there’s no need to rush to legalize recreational marijuana, and it bears repeating now.

* Tribune editorial

So there is no pressing reason to rush things.

According to Rep. Kelly Cassidy (D-Chicago), legislators like herself who’ve been working on a legalization bill have held at least 50 negotiating sessions, six legislative hearings and hosted 7 or 8 town halls over the past couple of years.

There has been no “rush.” All four legislative caucuses have been involved. Everyone is being heard. And we’ll see even more action as soon as the House and Senate committees start meeting.

So, enough already with this false narrative.

* Back to the Sun-Times editorial

“What we’re seeing is a definite increase in crash risk that is associated with the legalized recreational use of marijuana,” said David Harkey, president of the Insurance Institute for Highway Safety and the Highway Loss Data Institute, which conducted the study.

* Rep. Cassidy and Sen. Heather Steans put out their own report not long ago. You should read the whole thing, but this part is important

Though driving statistics today look for the presence of cannabis in vehicle crashes, reports are often inaccurate. The mere mention of marijuana in a case — whether the user was a driver, passenger or pedestrian — can result in the case being included in sweeping claims about driving

* Sun-Times

Researchers have also found another potential land mine: the possibility that regular marijuana use causes mental health problems. We’re not talking 1930s “Reefer Madness” hysteria, either.

According to the National Academy of Medicine report, as author and former New York Times reporter Alex Berenson pointed out in a recent Times op-ed, “cannabis use is likely to increase the risk of schizophrenia and other psychoses; the higher the use, the greater the risk.”

* Debunked

The [National Academy of Medicine] report is very careful in its findings. It notes that there’s “substantial evidence” for an association between marijuana and psychotic disorders, and that the association is dose-dependent — greater risk correlates with heavier marijuana use. But the report also notes that the explanation for the association is unclear.

Berenson favors the idea that pot causes and worsens psychosis and psychotic disorders. The National Academies’ report, though, says that other possibilities are plausible: Maybe psychosis or psychotic disorders lead to marijuana use, or a third factor — say, genes or environment — leads to psychosis and marijuana use. It could be a mix of all these factors.

The conclusion, if there is one: “This is a complex issue, one that certainly warrants further investigation.” In other words, we don’t know yet.

Separately, the National Academies also analyzed studies on how marijuana affects symptoms of psychotic disorders. This research was more limited, although some evidence showed that a history of marijuana use may actually improve cognitive performance for people with psychotic disorders (which could explain why people with psychotic disorders self-medicate with weed, if that’s the case). But the report ultimately concluded that the evidence in this area was merely “limited” to “moderate,” so more research is necessary.

* Jim Dey relies on many of the same debunked theories

Despite these warnings, our legislators in Springfield — revenue-hungry and homework-averse boneheads that they are — can be expected to move full speed ahead on Gov. Pritzker’s top priority.

Again, this ignores everything that’s been done over the years to get to this point.

* Rep. Cassidy gets the final word

“States that have gone about this as a revenue-generator are going about it wrong.”

…Adding… OK, Sen. Steans now gets the last word…

State Senator Heather Steans (D-Chicago) issued the following statement today after Cook County State’s Attorney Kimberly Foxx came out in support of Steans’ proposal to legalize adult-use cannabis in Illinois:

“One of our primary goals with this legislation is to begin to repair the decades of damage from the War on Drugs, particularly within minority communities.

“We know we cannot undo the disproportionate harm prohibition caused among minorities, but we can keep a firm eye on social justice as we move forward with legalization.

“State’s Attorney Kimberly Foxx has a stellar record of fighting for criminal justice reform in Cook County. Expunging records of people convicted of non-violent, cannabis-related misdemeanors is an excellent first step and will aid in removing obstacles to employment and housing. Her support is a vote of confidence, and I look forward to working with her as we craft the best piece of legislation possible.”

Foxx also said today: “In the interest of justice, we will begin to proactively seek conviction relief for all misdemeanor marijuana convictions.”

* Related…

* Manar to host town hall discussion on marijuana legalization

  45 Comments      


*** UPDATED x2 *** Attorney general, special prosecutor reviewing Van Dyke’s sentence

Thursday, Jan 24, 2019 - Posted by Rich Miller

* As we discussed last week, Cook County Judge Vincent Gaughan sentenced Jason Van Dyke for 2nd Degree Murder instead of on the 16 counts of Aggravated Battery With a Firearm, even though the Illinois Supreme Court has clearly ruled that convicted defendants should be charged with the Class X Aggravated Battery instead of the 2nd Degree Murder charge.

I just saw Dave Clarkin’s tweet from last night, which sums it up rather well…


* Anyway, I’ve been working on this story for a few days and told subscribers about it this morning, but WBEZ also reported it out

Illinois Attorney General Kwame Raoul’s office says it is reviewing the legality of the sentence handed down last week to former Chicago Police Officer Jason Van Dyke for the murder of Laquan McDonald.

“We are going to do a careful review of the record and the law and make a determination based on our review,” Maura Possley, a spokeswoman for the office, said Wednesday afternoon. […]

Some legal experts say the best way to challenge Van Dyke’s sentence would be to seek a “mandamus” order from the Illinois Supreme Court. That court could find Gaughan violated the law by basing the punishment on the second-degree murder count, a Class 1 felony, instead of the battery counts, which carry a more serious designation, Class X.

A spokesman for [Special Prosecutor Joseph McMahon] on Wednesday said the special prosecutor is “still reviewing” the sentence.

Stay tuned.

*** UPDATE 1 *** Tribune

Daniel Herbert, one of Van Dyke’s attorneys, blasted the review by the attorney general as politically motivated, accusing Raoul of exploiting “the tragic death of Laquan McDonald for his own political gain.”

The office could have filed legal briefs in response to Herbert’s arguments at sentencing but chose not to, Herbert pointed out.

“Now he suddenly has concerns after the sentencing in the wake of some public outcry,” he said in an emailed statement. “This is about politics, not the law.”

Raoul was sworn in a few days before the sentencing date, so that argument is bogus.

*** UPDATE 2 *** From the special prosecutor’s office…

The propriety of a sentence may be challenged by filing a petition for a Writ of Mandamus. However, the granting or denial of that petition is subject to the discretion of the Illinois Supreme Court. We are currently reviewing the trial court’s ruling in conjunction with the relevant case law and statutory authority that bears on the sentence imposed on Jan. 18. The unique facts of this case require consideration of the complex principles of Illinois law.

  32 Comments      


Question of the day

Thursday, Jan 24, 2019 - Posted by Rich Miller

* I took a quick look this morning at the very first bills sponsored by House freshmen. These bills can tell us a lot about the new members’ priorities, so we may check them again.

Several freshmen haven’t introduced their own bills yet, and lots of House Republicans have only signed on to House GOP Leader Durkin’s remap proposal. Anyway, here’s the first bill for Rep. Dan Didech (D-Buffalo Grove)

HB0887

Amends the Firearm Owners Identification Card Act. Provides that the Department of State Police has authority to deny an application for or to revoke and seize a Firearm Owner’s Identification Card previously issued under the Act if the Department finds that the applicant or the person to whom the card was issued is or was at the time of issuance a person who has been convicted within the past 5 years of stalking or a substantially similar offense in another jurisdiction, in which a firearm was used or possessed.

“Gun safety” was, if I recall correctly, a big issue in Didech’s campaign.

* Rep. Jennifer Gong-Gershowitz (D-Glenview)

HB0836

Amends the Probate Act of 1975. Defines “administrative separation”. Provides that the court lacks jurisdiction to proceed on a petition for the appointment of a guardian or standby guardian of a minor if it finds that the minor has a living parent whose parental rights have not been terminated, unless, among other things, the parent or parents, in the event of an administrative separation, are not presently located in the United States and are unable to consent as evidenced by a sworn affidavit. Provides that a parent or guardian shall not appoint a short-term guardian of a minor if the minor has another living parent whose parental rights have not be terminated, unless, among other things, the parent or parents, in the event of an administrative separation, are not presently located in the United States and are unable to consent as evidenced by a sworn affidavit.

Sounds like maybe a constituent issue.

* Rep. Joyce Mason (D-Gurnee)

HB0840

Amends the Public Utilities Act. Provides that beginning April 1, 2020, and on a bi-annual basis thereafter, the Illinois Commerce Commission shall issue a report to the General Assembly concerning the decommissioning of nuclear power plants in this State. Provides for the contents of the report.

Old nuke plant in her area.

* Rep. Mike Murphy (R-Springfield)

HB0270

Amends the Retailers’ Occupation Tax Act. Provides that if a purchaser makes payment over the phone, in writing, or via the Internet, and the property is delivered to a location in this State, then the sale shall be sourced to the location where the property is delivered. Provides that the sale shall be deemed to have occurred at the customer’s address if the property is delivered and the delivery location is unknown. Amends the Counties Code, the Illinois Municipal Code, the Flood Prevention District Act, the Local Mass Transit District Act, and the Regional Transportation Authority Act. Provides that a unit of local government may require a retailer to collect and remit certain use and occupation taxes if the retailer qualifies as a “retailer maintaining a place of business in this State” under certain provisions of the Use Tax Act.

I’d like to know more about that one.

* Rep. Anne Stava-Murray (D-Naperville)

HB0843

Creates the Laquan McDonald Act. Establishes a procedure for an election to recall the Mayor of Chicago, an alderman of the City of Chicago, and the Cook County State’s Attorney. Effective immediately.

Not sure why a Naperville legislator would do this, except she says she’s running for US Senate.

…Adding… Stava-Murray’s bill was first introduced in 2016 by… wait for it… Rep. Ken Dunkin (D-Chicago). It went nowhere.

* Rep. Patrick Windhorst (R-Metropolis)

HB0339

Amends the Sex Offender Registration Act. Provides that a person who has committed a violation or attempted violation of unauthorized video recording and live video transmission is subject to registration if the victim is a person under 18 years of age when the offense was committed on or after the effective date of the amendatory Act.

Looks like he’s adding to the list of punishable offenses.

* The Question: What would be your first bill? Explain.

  52 Comments      


*** UPDATED x1 *** One hand giveth while the other taketh away

Thursday, Jan 24, 2019 - Posted by Rich Miller

* Amanda Kass has been working on another white paper about pensions and posted about one aspect of it on Twitter. I’ve copied and pasted her tweets into one post, but click here to read it online

One big trend I see throughout the legislative history is a sort of sleight of hand.

A pension crisis narrative emerges that focuses on the finances of the pension systems using one or two metrics (the funded ratio and/or unfunded liabilities) and a flurry of speeches, op-eds, etc about how the crisis is dire and must be solved immediately ensues.

But these same speeches and op-eds also touch on a second, related issue: pension payments in context of the state’s operating budget, and concern that payments are burdensome + crowding out other areas of the budget.

The sleight of hand occurs when legislation is passed that cuts the state’s required pension payments, but in such a way that that same legislation can also be used to claim the pension crisis is solved.

A prime [example] of this sleight of hand is the [Jim Edgar] 50-year pension ramp, which replaced PA 86-273. That state’s [required] contributions under that prior law were higher, but payments were subject to the annual appropriation process + lawmakers simply didn’t adhere to the payment schedule.

Rather than just make the [required] payments lawmakers elected to scrap the existing plan and put in a new 50-year one that started out with a fifteen year ramp period. So not only did this lower the [required] payment, but it kicked paying down unfunded liabilities decades into the future.

Lawmakers also made the pension contributions under the new 50-year plan subject to a continuing appropriation, which meant that if they failed to appropriate the payments during the budget making process the payments would still get made.

Passage of the 50-year funding plan was touted as a good compromise that fixed the pension mess… even though the state’s payments to just TRS would have been an estimate $400 million more under the old law.

And while the continuing appropriation was a good measure, state lawmakers can change the state’s payments through legislation. Precisely what [happened] w/PA 94-4, which cut the state’s pension payments for FY2006 + FY 2007 [under Blagojevich].

*** UPDATE *** Rep. Rob Martwick (D-Chicago)…

This year, despite the availability of more attractive assignments, I decided to remain the Chair of the House Committee on Personnel and Pensions. I decided to stay with pensions because more than ever, I believe that Illinois’ future will be determined by how we deal with out pension debt. Name a problem that the state is dealing with. I bet that at least 9 out of 10 times, I can show you how our inability to handle our pension debt has caused that problem or made it worse. If we are to solve Illinois, we must solve the pension debt crisis.

As I read Amanda’s thoughts, something echoed in my mind. Nearly every solution that has been ever been proposed to deal with pensions has involved putting LESS money into the fund, not more. Whatever your political persuasion, there is one undeniable fact: If you try to pay off a debt by putting less money toward that debt, you will not succeed. Whether it was the Edgar ramp, the Blagojevich pension holidays, we have constantly tried to lower the payment in order to solve whatever our crisis of the moment is. Until we commit money into front loading the repayment schedule, we will only make the problem worse. In my role, I will continue to push for math based solutions that solve the problem. No one wants a tax increase. No one.

However, I believe that our citizens will support us if we actually solve problems. According to COGFA, adding $1B per year to the annual pension payment would cut 7 years off the repayment schedule, reaching 90% funding by 2038 instead of 2045, saving the taxpayers $60 billion in repayment costs.

Under this scenario, the payment in 2039 would drop from approximately $16 billion to about $2 billion. That $14 billion dollar annual budget windfall could be used to pay for an increased investment in K-12, higher education, infrastructure, and social programs. It could even be used to pay for a tax decrease. Imagine that. Instead of just empty promises that certain legislators make to “fight” for lower taxes, we could provide a plan to pay for one.

We can and should consider to look at creative ways to manage the repayment so that we can find any and all savings possible. That’s what Rep. Batinick and I did with pension buyouts, and I will always be open to new and creative ideas like reamortization, consolidation and bonding. However, I will continue to advocate for additional funds. The sooner we pay down our debt in a responsible manner, the sooner we will return Illinois to a fiscally responsible state on the path to prosperity.

  59 Comments      


** LIVE COVERAGE ***

Thursday, Jan 24, 2019 - Posted by Rich Miller

* Follow along with ScribbleLive


  1 Comment      


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