* 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…
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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
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* 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.
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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.
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* 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.
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Today’s quotable
Wednesday, Jan 23, 2019 - Posted by Rich Miller
* WBEZ’s city hall reporter…
…Adding… The great Fran Spielman…
More…
Ald. Carrie Austin (34th), the always outspoken Budget Committee Chairman, was suddenly speechless when asked to comment about Solis.
“Not about Danny. I might cry,” Austin said. “You don’t do that. You just don’t.”
Rules Committee Chairman Michelle Harris (8th) offered a variation on Don Corleon’s infamous admonishment to his son in the movie, “The Godfather”: “Don’t take sides against the family.”
“I try to think that we’re a family down here and we all work together. So, I got to say it’s probably a little disheartening for me,” Harris said.
…Adding… Paul Vallas…
My fellow candidates have been extremely and unusually quiet today, so let me be the first to call out the latest episode around corruption at City Hall. I said it first and I will say it again – there is a “code of silence” amongst Chicago’s political elite – including many elected and appointed officials and those who lobby to them, many of whom have made generational wealth of the city. Today’s revelation that Alderman Solis wore a wire to tape criminally-charged Alderman Ed Burke is just the latest scandal at City Hall.
There was a code of silence around Laquan McDonald and cover up of the video tape. There was a code of silence around former Country Assessor Berrios and his outrageous tax assessment practices that punished working families. There was a code of silence around the $22 million no-bid contract that landed CPS CEO Barbara Byrd-Bennett in prison. There was a code of silence around Emanuel and McCarthy’s degradation and scapegoating of the police department. This has got to stop!
There are only two reasons someone would wear a wire when conversing with public servants: they are in trouble themselves and are seeking to lighten the consequences through cooperation, or they have a sense of integrity. I won’t pretend to know which is the case in this instance of Alderman Solis taping conversations with the charged Alderman Ed Burke.
However, the sense of betrayal that is being expressed today by some other aldermen is frankly disgusting. One alderman said Solis was like “family,” with the clear inference that Solis betrayed the family. If there is a family of aldermen like that, then it is a crime family with a code of silence – and every one of the machine candidates who got into this race after Emanuel bowed out is connected to Alderman Burke in some way or another. I will be holding a press conference tomorrow to talk more about those connections. It is time for a clean sweep at City Hall. We need a Mayor and a City Council that are honest and puts our citizens first.
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* Press release…
Surrounded by environmental advocates in the state capital’s Southwind Park, Governor JB Pritzker took executive action joining the U.S. Climate Alliance, becoming the 18th governor to uphold the environmental protections despite President Trump’s withdrawal from the Paris Climate Agreement.
“I ran on a bold agenda to protect our environment, help our workers thrive and build the 21st century economy our state deserves, and now I’m taking action to join the U.S. Climate Alliance and stand on the side of science and reason,” said Gov. JB Pritzker. “I’m proud to join the bipartisan coalition of governors and states committed to upholding the provisions of Paris Climate Agreement. While the president is intent on taking us backwards, I will work hard every day to move our state forward. We know that climate change is real. We know it’s a threat. And we know we must act.”
Advancing a key environmental priority, the governor officially signed on to the U.S. Climate Alliance which commits the state to the principles of the Paris Climate Agreement in order to protect Illinoisans from the damaging effects of climate change. President Trump pulled out of the international agreement on June 1, 2017.
Executive Order 2019-06 also directs the Illinois Environmental Protection Agency to monitor the Trump Administration’s environmental proposals and identify opportunities to protect Illinoisans from environmental harm. The executive order takes effect immediately.
“Communities across America are facing the impacts of climate change. We need more leaders like Governor Pritzker that are committed to deploying climate solutions, promoting sustainable economic growth and creating high-quality jobs,” said Julie Cerqueira, executive director of the U.S. Climate Alliance. “We welcome the state of Illinois into the Alliance, and look forward to supporting their priorities and learning from their experience.”
“The governor’s commitment to clean energy will improve public health and bring new economic opportunities and investment to Illinois,” said Jennifer Walling, president of the Illinois Environmental Council. “The Intergovernmental Panel on Climate Change has found that we have just 12 years to limit carbon emissions in order to keep climate change at moderate levels. Governor Pritzker’s executive action commits Illinois to the goals of the U.S. Climate Alliance.”
“By joining the U.S. Climate Alliance as one of his first acts in office, Governor Pritzker is showing the world that, even though Donald Trump wants out of the clean energy economy, Illinois is all in,” said Jack Darin, director of Sierra Club Illinois. “We can and must reach these climate goals, and we know we need to do so in a way that puts our workers and disadvantaged communities first. We know Governor Pritzker shares these values and can unite Illinois in planning for the 100% clean energy future we all want, and that starts today.”
“Climate change is real and Illinoisans are already experiencing its harmful effects,” said Sen. Melinda Bush (D-31st), who chairs the Senate Energy and Environment committee. “I’m proud to stand with Gov. Pritzker in acknowledging science and taking action to preserve and protect our planet. We must make every effort to secure Illinois’ place as a leader in the green economy”
“The governor’s actions today will put Illinois at the forefront of efforts to develop and use clean energy and take concrete steps to reduct carbon emissions,” said Rep. Ann Williams (D-11th), who chairs the House Energy and Environment committee. “We must get serious about pushing back on the dangerous environmental policies of the Trump administration which have left our communities vulnerable and put the public health at risk. Today, under the leadership of Governor Pritzker, we’ve done just that.”
The EO is here.
One thing he could do is come up with some reasonable and uniform statewide siting requirements for solar and wind power to prevent local NIMBYs from stopping reasonable developments. Counties are developing patchwork quilts of regulations, some reasonable, some less so. We need to standardize this across the state, but the various interest groups haven’t been able to reach an agreement on their own. An engaged governor could knock some heads and offer some capital plan goodies to convince folks to go along.
…Adding… Illinois Clean Jobs Coalition…
While the Federal Government remains shut down, today’s announcement is an important reminder that the responsibility to protect citizens from the harms of climate change has fallen to the states. By signing on to the U.S. Climate Alliance, Governor J.B. Pritzker has taken an important first step in fulfilling his commitment to put Illinois on a path to 100% renewable energy by 2050, and he has demonstrated his leadership on climate action in the Midwest.
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* I asked the Pritzker folks whether there’ve been any complaints or compliance issues with state employee group health insurance plans and have yet to hear back…
On the 46th anniversary of the landmark Roe v. Wade decision, Governor JB Pritzker took executive action making Illinois the most progressive state in the nation for women’s reproductive rights.
“On the anniversary of Roe v. Wade, I’m proud to declare under my administration, the State of Illinois will be the most progressive state in the nation when it comes to guaranteeing the right to choose for every single woman,” said Governor JB Pritzker. “Thanks to the courageous advocates across our state, HB 40 is the law of the land. I was proud to stand with you in that fight, because a right is only a right if it can be exercised by everyone. And today, I’m proud to sign an executive order that will further protect and expand the right to choose in Illinois – and that will fully implement all the provisions of HB 40.”
In today’s executive order, Gov. Pritzker took swift action to ensure the state fully enforces HB 40, now known as Public Act 100-0538. Through EO 2019-05, the governor directed the Department of Central Management Services to review all state employee group health insurance plans, identify barriers to women exercising their right to choose, and present recommendations to bring all health insurance plans into compliance with the law within the next 60 days.
The governor signed the executive order at Planned Parenthood of Illinois surrounded by women’s health advocates and co-sponsors of the legislation.
“Women’s rights are human rights. It’s important that women have the right and ability to chose what is best for them and their bodies,” said Lieutenant Governor Juliana Stratton. “Today’s executive order makes it clear that our state is a leader in that respect.”
*** UPDATE *** From the Pritzker administration…
The office of the governor learned that advocates for safe and legal abortion are concerned that there are several state employee group health insurance plans that are not fully compliant with the intent of HB40. Advocates cited issues of potential non-compliance ranging from failure to cover “elective” abortion or the abortion pill to failure to cover abortion unless it’s necessary for the health of the woman. The governor took immediate action today requiring CMS to conduct an internal review of all state employee group health insurance plans so we can officially identify and take action to correct any residual compliance issues.
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“Trooper’s trooper” laid to rest
Friday, Jan 18, 2019 - Posted by Rich Miller
* ABC 7…
Hundreds of mourners packed into Willow Creek Community Church in South Barrington to pay their respects to Illinois State Police Trooper Christopher Lambert Friday.
The 34-year-old was killed while responding to a crash on the Tri-State Tollway last week.
“We lost a family member,” said Illinois State Police Director Leo Schmitz. “We lost a friend. He was a troopers’ trooper.”
Lambert, 34, was headed home to Highland Park last Saturday when he stopped to investigate a three-vehicle crash on the northbound lanes of I-294 near Willow Road in Northbrook. He stopped to position his vehicle on the left-hand lane to protect those involved in the crash. He was standing outside of his vehicle when he was struck by an oncoming motorist.
“Our job is to protect the lives of people,” said Director Schmitz. “My trooper had to trade his life to protect the people. I’m so proud of him he is a hero.”
* Tribune…
Newly sworn-in Gov. J.B. Pritzker also attended, and from the pulpit reflected upon the grief he felt as a child when his father died.
“Let me try, however inadvertently and inadequately, to ease a small part of this burden for you,” he told Lambert’s wife and daughter. “There will come a day when the memory of Chris will be like a cool breeze in summer, comforting and gentle. … You will always mourn his death, but this agony fades. What is left are the most perfect memories — the best parts of the person that you loved.”
Lambert, a native of Dayton, Ohio, was an Army veteran who served in Iraq and Haiti. He had been with Illinois State Police since 2013 and worked in the criminal patrol division.
…Adding… The full video is here.
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What’s up with this lawsuit threat?
Friday, Jan 18, 2019 - Posted by Rich Miller
* Every news outlet mentioned the threat by the Illinois State Rifle Association to file suit against the new gun dealer licensing law. But Jonah Meadows at Patch explained what the group was actually threatening to do…
The Illinois State Rifle Association has opposed the bill. Executive Director Richard Pearson said the group is considering a court challenge to the new law. He said it discriminates against small business owners and is aimed at reducing the total number of legal guns in the state by raising their cost and making it harder for law-abiding firearm owners to purchase them.
“We think that it’s totally unfair, and laws do have to be fair, in spite of what the legislature thinks,” Pearson said, suggesting the bill would do little to reduce gun trafficking and instead function mainly to drive gun dealers out of business and owners and their business out of state. “I assume that Gov. Pritzker is trying to get the economic development award from Indiana, Missouri, Iowa, Wisconsin and Kentucky.”
Under the law, owners of gun shops would need to pay the required $300 (for dealers without a retail location) to a maximum of $1,500 for a license from state police. They would also have to ensure shops have operational locks, surveillance equipment and alarms while keeping an electronic inventory and have employees go through annual training. The owners must provide a copy of a valid federal license to state police, who must accept a dealer’s “safe storage plan” to provide an Illinois license.
Another component of the new law requires state police to publish information about firearms used in crimes and penalize those who do not maintain records of private gun sales.
I’m not really sure how the law discriminates against small businesses or whether that’s even actionable. A little help in comments would be appreciated.
And I think they’d have to prove the law was purposely drafted to make business so difficult for small dealers that they’d go out of business and, as a result, deprive people of their right to own a gun.
These are not small hurdles, but I didn’t think they’d win the concealed carry case, either. So, we’ll see.
* And then there’s the procedural aspect…
Lawmakers passed the bill with simple majorities more than six months ago on May 30, the penultimate day of regular session. The state constitution says bills that pass both chambers must be sent to the governor within a month, but Senate President John Cullerton made sure the bill didn’t go to former Gov. Bruce Rauner, who said he planned to veto it.
Cullerton put a procedural hold called a “motion to reconsider” on the bill, which kept it from Rauner’s desk. That hold was lifted Jan. 8 and sent to Pritzker Wednesday.
Using a procedural hold isn’t a new trick. Longtime statehouse observer and University of Illinois Professor Emeritus Kent Redfield said it’s technically possible for lawmakers to hold a bill that passed in one General Assembly and then pass it onto a new governor. He said it’s an ambiguous area that he’s not aware has been fully litigated.
“Particularly if it’s controversial legislation involving something like gun control measures … there certainly would be a court challenge,” Redfield said.
[Federal Firearms Licensees of Illinois Executive Director Todd Vandermyde] said his group is looking a number of options, including a legal challenge. The law is set to take effect this summer.
“It just shows the political chicanery that went on with this, that they knew that former Gov. [Bruce] Rauner would veto this bill because of its anti-business, anti-Second Amendment repercussions,” he said.
The courts here have almost always been super reluctant to deal with legislative process issues like this, so I’m thinking probably not, particularly since the state Constitution is totally silent on the matter.
Something else not mentioned much in the coverage was that House Republican Leader Jim Durkin and six of his HGOP colleages voted for the bill (Andersson, Bellock, Breen, McAuliffe, Olsen and Winger), while four Senate Republicans voted “Yes” (Curran, Nybo, Oberweis and Rooney)
* I’ve been a customer of Siddens firing range for years and they also sell guns and conduct pistol and concealed carry training. Great people. Salt of the Earth. I’ve never once had a bad time there and I highly recommend going if you’re into that sort of thing.
I’m sure they’re not happy with this law. Just the opposite. But no business owner in the history of the world ever jumped for joy at new regulations. Again, we’ll just have to see how this all works out.
…Adding… Like I said, businesses don’t like regulations, even when the regulations wouldn’t touch them at all…
Supporters of the bill said federal regulators are stretched too thin, but opponents say the new licensing is expensive, and could force small dealers out of business.
The director of operations at On Target gun shop in Crystal Lake said they are already doing what the law will now mandate.
“It’s not just the straw sales that are producing the guns that are killing people, it’s illegal stolen guns from other states that are brought up to Illinois. So why take it out on us?” said Tom Dorsch.
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