* Gregory G. Katsas, Brian J. Murray and Anthony J. Dick are identified as “constitutional and appellate lawyers at Jones Day” for their Crain’s op-ed about the governor’s proposal to move all active state workers into a Tier 2 retirement plan…
Unlike the law just struck down, Rauner’s proposal operates entirely on a going-forward basis: It guarantees that workers will keep every cent of every pension benefit earned for past service under current law, and it thus leaves current retirees unaffected. At the same time, his proposal saves the state budget by slightly modifying the formula used to calculate benefits based on future service. […]
According to the critics of Rauner’s proposal, the pension “benefits” protected by the Illinois Constitution include not only earned pension benefits but every aspect of the pension formula used to calculate future benefits. On this reading, every employee who has drawn a public salary for even one day has a right to continue earning future benefits under the same formula for the entire course of his working life. If this view prevails, it will force the state to continue racking up staggering pension liabilities for decades to come.
We recognize that the Illinois Supreme Court’s recent decision contains language broadly stating that “benefit calculation formulas are entitled to constitutional protection.” Nonetheless, Illinois courts never have squarely addressed whether pension formulas can be modified only as to future years of service.
On the contrary, the court’s decision emphasized that pension benefits are not protected until the employee “complies with any qualifications imposed when the additional benefits were first offered.” This means that as long as the Legislature changes the pension formula to be applied to future years of service, employees will have a fair chance to decide whether to continue working for the state while earning new retirement benefits based on the new formula.
* I dunno. From last week’s Supreme Court ruling. Emphasis added…
Under article XIII, section 5, members of pension plans subject to its provisions have a legally enforceable right to receive the benefits they have been promised. People ex rel. Sklodowski v. State, 182 Ill. 2d 220, 229-32 (1998); McNamee v. State, 173 Ill. 2d 433, 444-46 (1996). The protections afforded to such benefits by article XIII, section 5 attach once an individual first embarks upon employment in a position covered by a public retirement system, not when the employee ultimately retires. See Di Falco v. Board of Trustees of the Firemen’s Pension Fund of the Wood Dale Fire Protection District No. One, 122 Ill. 2d 22, 26 (1988). Accordingly, once an individual begins work and becomes a member of a public retirement system, any subsequent changes to the Pension Code that would diminish the benefits conferred by membership in the retirement system cannot be applied to that individual. Buddell v. Board of Trustees, State University Retirement System, 118 Ill. 2d 99, 105-06 (1987) (pension protection clause barred statutory change in Pension Code which prevented current pension system member from purchasing service credit for time spent in military); Felt v. Board of Trustees of the Judges Retirement System, 107 Ill. 2d 158, 162-63 (1985) (amendment to Pension Code adversely affecting base salary used to compute annuity impermissibly reduced retirement benefits of existing retirement system members in violation of pension protection clause); Kraus v. Board of Trustees of the Police Pension Fund, 72 Ill. App. 3d 833, 844-48 (1979) (change in Pension Code’s method of computing a police officer’s pensionable salary in a way that would reduce the amount of the pension could not, under the pension protection clause, be applied to persons who were members of the retirement system prior to the amendment’s effective date); Miller v. Retirement Board of Policemen’s Annuity & Benefit Fund, 329 Ill. App. 3d 589 (2001) (amendments to Pension Code which reduced benefits of existing retirement system members with respect to eligibility for automatic annual increases unconstitutional under pension protection clause); Schroeder v. Morton Grove Police Pension Board, 219 Ill. App. 3d 697 (1991) (finding invalid, as violation of pension protection clause, amendment to Pension Code reducing pension benefits based on receipt of workers’ compensation benefits).
Tuesday, May 12, 2015 - Posted by Advertising Department
[The following is a paid advertisement.]
Ann Harris, IBEW Local 51 Member & Employee of Clinton Power Station
I am a proud member of IBEW Local 51 and an employee of Clinton Power Station in DeWitt County. For the past 34 years, I have worked at the plant day in and day out to provide safe, reliable, clean air electricity to the state of Illinois.
My job at the plant has provided a great living for my family. Without this job, I could not have put my two sons and daughter through college. I live in Farmer City and enjoy volunteering in the community. I’m active in the local chamber of commerce and like to volunteer at local food pantries. Exelon does a great job supporting these organizations.
But all of this and the economic well-being of my family and families across the state are at risk because outdated energy policies are driving nuclear plants around the country to close prematurely. Clinton Power Station could be next. The Low Carbon Portfolio Standard would help prevent this. It’s good for Illinois and good for our economy.
I urge members of the General Assembly to support the low carbon portfolio standard (HB 3293 & SB 1585)
Hoping to trigger support for a law legalizing gun silencers, an Illinois firearms lobbyist said Monday there is a difference between the way Hollywood portrays suppressors and how they actually work and sound.
Todd Vandermyde, a key architect of the state’s concealed carry law, took members of the central Illinois media to the Athens Police Department’s gun range Monday and had them listen to the difference in the ways guns sound with and without a suppressor. Reporters then tested out the guns for themselves.
“So what this is all about is we’ve had some legislation pending in the statehouse to legalize suppressors in Illinois,” Vandermyde said. “Suppressors are the industry term for what a lot of people call silencers. They’re called suppressors because they don’t really silence the sound of the gun, they suppress it.”
Thirty-nine states allow some form of legal possession of suppressors. Vandermyde said suppressors help limit the noise from neighbors who are shooting on their own land or hunting and helps give peace to neighbors of gun ranges. They are also helpful to those who are shooting the firearms, especially if ear protection is not being worn.
Will County officials say they could support an amendment in the works designed to lessen the financial blow of a new state law requiring juror pay hikes. […]
The draft legislation obtained by The Herald-News has yet to be filed and is still being vetted and discussed among working groups. But the draft increases juror pay from the current $4 to $10 per day to $20 the first two days and $30 for each subsequent day.
That’s still a raise — but it’s not as substantial as the pay raises outlined in the original legislation approved last-minute during last year’s veto session. That bill increased juror pay to $25 for the first day and $50 each successive day.
Sangmeister said the amendment reduces the estimated increased expense by about $125,000 annually for the county.
* From a press release…
On Wednesday morning, State Representative Robyn Gabel will present Senate Bill 1564 to the Illinois House Human Services Committee. The proposal, which already has passed the Senate on a bipartisan vote (34-19), amends the Illinois Health Care Right of Conscience Act to ensure that patients get all the information they need in order to make the best decisions about their health care treatment.
The measure, as passed by the Senate, reflects a compromise between the ACLU, the Catholic Conference, the Catholic Health Care Association and the Illinois State Medical Society.
In recent days, a group of legislators and anti-abortion advocates have launched a “fact-free” campaign, designed to derail the legislation. One advocate, for example, told a press event last week that the measure would force doctors to perform abortions. This is not true. A legislator told the same press gathering that the measure was an idea ”in search of a problem.” This will come as news to Mindy Swank, whose health and future fertility were put at risk after health care providers failed to give her all the information she and her husband Adam needed to make an informed decision about a difficult pregnancy.
* We could certainly use more tourism, but I dunno how many places outside a new Chicago casino would see much of an uptick…
Tourism officials on Monday pitched the benefits of a Chicago casino to lawmakers whose task of balancing Illinois’ books has become harder after the state Supreme Court threw out hoped-for savings on pension costs.
Continuing long-standing efforts to expand gambling in Illinois, representatives from the dining, hotel and tourism industries told a panel of lawmakers that a casino in Chicago’s downtown area would create thousands of jobs, drive more business to local restaurants and send much-needed money into state and city coffers.
* As is too often the case, we missed out. It took us too long to get started and then it took too long to get the law passed and the rules hammered out…
(T)he overall outlook for fracking in Illinois is uncertain, a consequence of low oil prices that started dropping right about the same time the state finished composing its fracking permit process in November.
Not a single company has applied for a fracking permit in Illinois, the state Department of Natural Resources reports. Nationwide, about 1,000 oil and gas rigs have ceased operations since the recent peak in September 2014, said Ethan Bellamy, a senior analyst at Robert W. Baird & Co.
* Back in March, the Rauner administration put out a request for bids “to obtain knowledge that will assist in developing and issuing a comprehensive formal solicitation to acquire appraisal services of the James R. Thompson Center.”
The Department of Central Management Services, Bureau of Property Management is requesting bids for appraisal services for the James R. Thompson Center (JRTC) located at 100 W. Randolph St, Chicago, Illinois in Cook County.
The intent is to assist CMS in establishing a Fair Market Value for the purpose of a potential sale of the JRTC property.
The Department of Central Management Services issues this Request for Proposal to contract for logistical and management services. To meet the State’s goal of reducing the cost for occupied State employee space, the State needs to assess and implement relocation of State employees within the James R. Thompson Center (JRTC) located at 100 W. Randolph Street in Chicago, Illinois and the Michael A. Bilandic Building (MABB) located at 160 N. LaSalle Street in Chicago, Illinois.
It will be the responsibility of the awarded Vendor to implement the plan established by the vendor and approved by the State and provide overall management and services to assure the complete relocations, transfer of contents, furnishings and equipment and procurement of alternative work space for employees affected by the dislocation.
* The House Democrats have released their witness list for today’s “Committee of the Whole” dealing with tort reform. Not surprisingly, some of the same folks who appear in the Illinois Trial Lawyers Association’s ads on this blog are also scheduled to testify today…
Panel 1
• Jennifer Hill – Mother of Ryan Hill (Illinois)
• Crystal Bobbitt – Mother of Juliann Bobbitt (Indiana)
• Prof. Bernard Black, JD – Professor of Finance and Law,Northwestern University
• Dr. David Hyman, MD, JD – H. Ross and Helen Workman Chair in Law and Professor of Medicine, University of Illinois
Panel 2
• Molly Akers (Illinois)
• Linda Reynolds (Missouri)
• Prof. Bernard Black
• Dr. David Hyman
Panel 3
• Richard Marston – Caregiver and close friend of Len Kulisek (Illinois)
• Frank Krivach – Father of Donald Krivach (Indiana)
• Prof. Bernard Black
• Dr. David Hyman
Panel 4
• Sarah Deatherage – Widow of Trooper Kyle Deatherage (Illinois)
• Elizabeth Sauter – Widow of Trooper James Sauter (Illinois)
Panel 5
• Madlyn Steffey – Mother of Samantha Bellino (Illinois)
• Kim Bermingham – Mother of William Bermingham (Indiana)
• Prof. Bernard Black
• Dr. David Hyman
Panel 6
• Amy Clark – Mother of Timothy Clark (Illinois)
* While attending last week’s House vs. Senate softball game, I noticed that Daily Herald Public Affairs Reporting intern Erin Hegarty had an unusual tattoo on her forearm. We talked about it a bit and I asked her to write something for y’all…
I knew I wanted a tattoo that incorporated both Chicago and the state of Illinois, and while I did take several art classes in high school, I could not come up with a design idea on my own. So, I found out at the beginning of June 2014 that a nearby tattoo parlor was offering $20 pre-drawn tattoos on both Friday June 13 and Saturday June 14. I took a look at the sheet of design options for the tattoos, and I immediately knew I had met my destiny: an outline of Illinois with part of the Chicago flag inside. It wasn’t too big and fit nicely into my budget. I, of course, researched the tattoo parlor and found out a good friend of mine had most of her (very nice looking) tattoos done by the same artist who would be doing mine.
The morning of June 14 rolled around. I biked to Chicago’s Millennium Park for free 8 a.m. yoga, then biked back up north to stand in line for my new body art; running shoes, bike shorts and all. Out of everyone in line, I probably looked the least likely to be standing in a 3-hour line for a discounted tattoo.
I chose to get it on my forearm because I wanted to be able to see it. And I love wearing blazers and cardigans, so I knew covering it up at work wouldn’t be a problem. I caught some flack from family members who said it was unprofessional and something they wouldn’t have done themselves. But I love it.
I argue that as an Illinois Statehouse reporting intern, my tattoo shows a great deal of dedication and love for Illinois. I like that if I ever need to draw Illinois, I can look at my arm and use it as a guide. And I hope to be a Chicagoan, or at least Illinoisan, for the rest of my life, so while some people can live here all their life and not feel the need to have their favorite city and state permanently inked on their body, I think it’s a fine idea.
When I have it more visible during the summer months, I look forward to playing this situation out as it has numerous times:
Stranger: I like your tattoo.
Me: Thanks.
Stranger: What is it?
Me: Oh, just an outline of Wisconsin, it’s my favorite state.
Stranger: (with a puzzled look)…yeah but that’s Illinois.
Me: What?! They told me this was an outline of Wisconsin!
So, of course everyone loves to hate on Illinois, and maybe they’ve good reason to. But growing up in the suburbs, living in Chicago and now living in Springfield, there is no other design I would rather have permanently on my arm.
Pretty cool story.
* Erin…
* Closeup…
Thoughts?
* Erin is also attempting to increase her Twitter following, so click here and follow her if you like her tattoo!
The following communities have passed the resolution:
Lincolnshire
Watseka
Iroquois County
In addition, the Naperville Chamber of Commerce and the Naperville Development Partnership also passed the resolution.
Best,
ck
* No local updates appear on the Illinois AFL-CIO’s Facebook page today, but there is this…
* Meanwhile, Greg Hinz talked to DCEO Director Jim Schultz…
(T)he DCEO [private development agency] plan is part of Rauner’s wider agenda to reform tort law, cut back on workers’ compensation insurance and aid to the unemployed, allow local communities to ban union shops, and reduce the power of public-sector unions.
Asked what ranks highest on that list, Schultz replied: “All of it. There’s no rank order.” Pushed a bit, he seemed to suggest that the privatization idea is his personal priority, but termed the other items “all the same.”
More than 1,100 companies “blacklist” Illinois because it has no right-to-work law, Schultz said, declining to name any of the 1,100.
In a move that’s surprising to some, Volvo recently announced that it’s establishing a new factory outside of Charleston. The Swedes are following the growing trend of foreign automakers setting up shop in the South, making it a growing manufacturing center in the U.S.
The new Volvo facility will cost about $500 million to build. When the factory is finally operational, it will roll out about 100,000 vehicles annually and employ about 4,000 people in the area. Ground is set to be broken in the fall, with the first wave of vehicles expected to roll off the assembly line in 2018. […]
The new Volvo factory will build vehicles for the North American market, plus other areas of the world. Many manufacturers have been drawn to the South because of right-to-work laws that have diminished the power of labor unions.
* I think AFSCME is going to have a real problem with this issue during negotiations…
A coalition of state and national business groups hopes to deliver a death blow to organized labor in Louisiana, pushing an anti-union bill that would ban automatically deducting membership dues from the paychecks of government workers. Unionized firefighters, police officers and teachers would be among those affected.
While Gov. Bruce Rauner is urging local governments to establish local “right to work zones,” where workers wouldn’t have to join a union and pay dues as a condition of employment, the Champaign County Board is looking into a new level of cooperation with labor unions on construction projects.
The concept — called a “local economic growth initiative tripartite” — is scheduled to be discussed at a county board committee of the whole meeting at 6:30 p.m. today at the Brookens Administrative Center. […]
(T)wo county board Democrats who are promoting the agreement say it’s meant to benefit the county, which is facing several million dollars’ worth of construction programs in the future.
Urbana Democrat James Quisenberry said the initiative — which involves the county, contractors and unions on projects of over $100,000 — builds on existing agreements.
“In a project labor agreement, you not only commit to the prevailing wage and working with the local trades on a project, but they turn around and give you assurances against work stoppages and strikes,” Quisenberry said. “This is going to come off as a response to Rauner and ‘the turnaround agenda’ because that’s about right to work and getting out of collective bargaining arrangements, and this is about committing more to those, but I think it’s a reality of our county that we tend to be more supportive of labor.”
Tuesday, May 12, 2015 - Posted by Advertising Department
[The following is a paid advertisement.]
My name is Amy Clark. Shortly after my first son, Brandon, was born I noticed he wasn’t meeting developmental milestones. He was showing severe developmental delays. As he got, he couldn’t speak and was excessively happy.
Brandon was diagnosed with Angelman Syndrome, a rare neuro-genetic disorder. After genetic testing, I was told Brandon’s form of Angelman Syndrome was spontaneous and not hereditary.
Brandon’s condition required so much of my time and attention I wanted to be 100 percent positive his condition was not hereditary before I thought about having another child. I sought a second opinion and was assured the initial tests were negative. I was told I had a less than 1 percent chance of conceiving another child with Angelman Syndrome.
Our second son, Timothy, began showing the same symptoms of Angelman Syndrome that Brandon had. I sought answers and discovered my original genetic tests were not negative. The doctors were wrong, I indeed tested positive for the hereditary genetic mutation. This meant I had a 50 percent chance of having a child with Angelman Syndrome.
Because of the doctors’ mistakes, I now have two disabled children who demand 100 percent of my time and attention.
The civil justice system in Illinois allowed me to hold the doctors accountable for their mistakes. I cannot work, because it’s impossible to find someone to care for the boys. My life is not normal by any means, and my settlement did not place me in the lap of luxury. I needed my settlement to survive, pay the bills and to put food on the table. I didn’t win a jackpot—I obtained justice. Trust me, I’d give it all back to have that big, healthy family I always wanted.
* Things are getting a bit tense in comments these days, so in an attempt to make this environment more civil, I’m going to start banning more words.
Words like “moron,” “idiot,” etc. are currently banned now. You might be able to see your posts, but nobody else can. I’ve too often allowed those words to slip through the net, but no longer.
This morning, I banned “dope” and “stupid.” If you use those words, your comment will not post. There will be no exceptions. I’m tired of the vitriol. Repeat violators will be banned for life.
* This is not a public space. This website belongs to me. No one has an inherent right to say anything that comes to their minds here. Go scream in a park, or on a street corner or wherever. Not here.
You’re obviously free to disagree with me, the subject of a post, another commenter or whatever your heart desires. But the level of hostility is just getting out of hand. So keep it civil or you’re gone.
I don’t sell ads based on the number of page views or impressions. Ad sales are based on the fact that most everybody at the Statehouse is on this blog and some of y’all are becoming an embarrassment to me and could wind up driving my target audience away. If you are among those commenters who are getting too hot-headed, just know that I don’t need you here, I don’t want you here and you are harmful to my business model. I will not hesitate to kick you to the curb.
/rant
* Look, I fully understand how people can get angry at times. I do, too, as is clear by the above rant. And I also understand how posts here (like that horrible idea to lay off all state employees) can get people truly fired up. But we can criticize and even ridicule without becoming personal and without resorting to nasty words. We all need to elevate ourselves, and I’ll try to do the same.
* The Question: Your nominations for newly banned words in order to hopefully foster a more civil commenting environment?
An attempt by holders of bonds issued by bankrupt San Bernardino to win the same treatment accorded the city’s biggest creditor, state pension giant Calpers, was rejected by a federal judge on Monday, in a ruling the judge called “tentative.”
The ruling comes three days before the southern California city of San Bernardino produces its bankruptcy exit plan, which, if confirmed, would appear to clear the way for the city to slash its bondholder debt. The city has already said that it intends to pay Calpers, which has assets of $300 billion, in full.
The ruling mirrors what happened in two other recent city bankruptcies - Detroit Michigan, and Stockton, California - where bondholders were paid little of what they were owed, while pensioners and pension funds emerged relatively untouched.
Tuesday, May 12, 2015 - Posted by Advertising Department
[The following is a paid advertisement.]
Oppose $810 million in proposed FY 2016 hospital Medicaid cuts because:
· In a new report, the Civic Federation, a well-respected, non-partisan fiscal watchdog organization, opposes the Governor’s recommended FY16 budget because “it relies heavily on projected savings that do not appear to be achievable or prudent in light of the State of Illinois’ obligations and long-term policy objectives.”
· The Civic Federation opposes “budgeting for other unrealistic savings,” including the Governor’s proposal to reduce Medicaid funding to hospitals by $400 million under the Hospital Assessment Program – the largest single proposed Medicaid reduction. Under the program, hospitals pay assessments to the State to draw down federal Medicaid matching funds.
· The Civic Federation is concerned that the Governor’s proposal to eliminate fees [$60 million] for new Medicaid managed care entities [provider-sponsored Accountable Care Entities and Care Coordination Entities] and require them to accept fully capitated rates “could disrupt the State’s overdue transition to managed care.” This proposal “has the potential to disrupt medical care for approximately 485,000 recipients if their managed care entity does not agree to full capitation and must disband.”
Cutting Medicaid in the FY2016 budget is shortsighted and will result in real harm to people and communities.
“They are private meetings,” Rauner spokeswoman Catherine Kelly told Kurt Erickson of the Lee Enterprises’ Springfield Bureau. “They are private discussions that we’re keeping confidential to protect the process.” […]
It’s hard to see how private meetings are needed to “protect the process.” It’s troubling because we don’t know if the meetings are bipartisan, or if there is any diversity. For all we know, they are loaded with like-minded people who are merely rubber-stamping an agenda. We are used to legislators meeting in private, but often we were at least aware of who was involved in the process and vaguely what they were talking about. Now we are completely in the dark.
By choosing to work out of public view, the Rauner administration is effectively telling the public that they know what’s best for the state and that we shouldn’t worry our silly heads about what kind of deals or discussions are going on in private.
For the record, transparency is defined by Merriam-Webster as “something transparent; especially: a picture (as on film) viewed by light shining through it or by projection.”
Defending the idea that conducting business out of the public’s view makes for better government does nothing to give us confidence that things have changed for the better in Springfield. There is no light shining on this process. State government in Illinois has never been known as a bastion of openness, but this takes it down one more notch.
* Kurt Erickson on the governor’s idea to pass a constitutional amendment to fix the pension issue…
On Monday, Rauner spokeswoman Catherine Kelly declined to answer whether the governor or his staff is preparing to introduce a proposed constitutional amendment. The spring legislative session is scheduled to end in 20 days.
“He will continue to work with the Legislature to find a commonsense, bipartisan solution that will help put the state back on sound financial footing,” Kelly said.
If a constitutional amendment did make it through the process, legal experts say any changes could be appealed in the federal court system, which could rule that reducing pension benefits violates the U.S. Constitution.
In other words, a final answer on Rauner’s proposal could be several years away.
“Even if everything went right, you would be talking five, six, seven years,” John Colombo, interim dean of the University of Illinois College of Law, told Reuters.
It’s fine if the governor wants to propose a constitutional amendment. Let’s see it.
But we also need an immediate fix, which I discussed with subscribers yesterday. The Rauner plan might not be implemented until he’s out of office, for crying out loud.
* One thing is certain, however. The hyperbolic goofballs who swore up and down that the last pension reform plan was absolutely constitutional and demanded immediate action need to either admit they were wrong from the beginning or be cut out of this new process.
Also, too, remember how the aforementioned goofballs dismissed as unworkable Senate President John Cullerton’s “Plan B” amendment which would’ve been attached to the pension reform bill in case that one was declared unconstitutional? Yeah, well, if Cullerton had been listened to, then maybe we wouldn’t be in this freaking mess today. Or maybe not, but at the very least Cullerton should be given a much more influential seat at the table.
Our pension reform policy is being driven far too much by screamers instead of thinkers. That needs to change.
The state’s pension system is underfunded by more than $100 billion, and beyond repair. When it comes to reforming the system, lawmakers’ hands are tied. On Friday the court ruled that the retirement benefits offered on current workers’ first day of employment can never be changed; only new hires can earn retirement benefits differently.
So if changes can’t be made, here is what Gov. Bruce Rauner should do: Lay off the entire state workforce, and close the pension system. Work with the General Assembly to open a different retirement plan for newly hired government workers, modeled after the nation’s most popular retirement vehicle: the 401(k). Then offer to rehire state workers under the new retirement plan.
It won’t be easy, and it won’t happen overnight.
State laws will need to be changed. Pension benefits earned to date will need to be paid.
The government unions will file lawsuits, and the legality of this strategy will be challenged. Understandably, some workers will turn down the new deal. Daily operations of state government will be disrupted — and potentially result in a government shutdown.
But even if all those things happen, the ultimate outcome will be better than what’s ahead if the state does nothing.
Moreover, no possible claim can be made that no less drastic measures were available when balancing pension obligations with other State expenditures became problematic
The General Assembly may not legislate on a subject withdrawn from its authority by the constitution
So, yeah, the Supremes will approve this idea for sure.
Right.
* When those employees were hired, they were promised pension benefits. And if they quit their jobs for a while and then returned to government service they picked up where they left off. The Supreme Court was crystal clear. The General Assembly can’t break that contract now.
The promotions meant to drum up interest in horse racing at 90-year-old Fairmount Park among customers more comfortable staring at an iPhone than a tip sheet are creative and constant.
Horse Hooky is designed to lure those willing to skip out of work early each Tuesday to drink cheap draft beer and eat even cheaper hot dogs. Couch potatoes can rent six-person sofas in the grandstand. Saturday nights in the summer offer live bands, and more cheap beer.
Despite the party vibe, attendance continues to plummet at this southwestern Illinois horse track and the state’s four others. Purses are low, betting is down and horse owners are increasingly spurning Illinois tracks for venues in Indiana, Iowa, Ohio and other nearby states that have paired some casinos with ponies, according to track owners.
“We’re the third biggest market in the country, and we’re getting beat out by Indiana, Iowa, Arkansas and Minnesota,” according to Glen Berman, executive director of the Chicago-based Illinois Thoroughbred Horsemen’s Association. “It just shouldn’t be.” […]
(T)he average total pay-out this year in a state-bred thoroughbred race at Arlington Park in suburban Chicago was less than $25,000, Berman said, less than half the amount paid to winners in Iowa and at least $12,000 less than tracks in Indiana and Minnesota. At Fairmount Park, the track’s 54 racing days represents a 35 percent reduction from the yearly activity eight years earlier, and in 2000, when the track discontinued harness racing, there were more than 150 days on the schedule.
* The Question: Time for slots at tracks? Take the poll and then explain your answer in comments, please.
* Senate President John Cullerton actually used the “B-word”…
Lawmakers also take issue with his style, complaining that Rauner treats them like “middle management.” They say his aides have taken a position that the budget is their problem, and unless they agree to the governor’s wishes, he’ll keep cutting services.
“He must think we’re going to come to him and say: ‘We’ll do whatever you want, just let us pass a tax increase because we need it so much,’ ” says Senate President John Cullerton, D-Chicago.
“As if the state budget is our problem and, whether we have a state budget or not, it’s not a big deal for him.”
Cullerton says Rauner is mistaken if he thinks his hand is strengthened after the May 31 deadline passes when legislators must present a balanced budget. He argues that if the Legislature goes into overtime, the areas the governor wants to cut will instead automatically get funded by law — including Medicaid.
“What would be shortchanged would be what he cares about — education,” Cullerton says. “He doesn’t have the leverage he thinks he has. Obviously, you can be elected governor and know nothing about the office. [Ex-Gov. Rod] Blagojevich did it twice. It wasn’t just Rauner.”
Gov. Bruce Rauner said Saturday that he is not worried about passing a budget, even after House Democrats struck down a portion of his proposal.
The Republican governor made the remarks before giving his commencement address to 320 graduates at Lincoln College. House Democrats brought the human services portion Rauner’s proposed budget to the floor Thursday, where it received zero “yes” votes. Republicans, who voted “present” in protest, called it a blatantly partisan attack at a time when bipartisanism is woefully necessary.
“I’m not too concerned about anything going on right now in the legislature because in difficult negotiations there tends to be some political theater, I’ll call it,” Rauner said.
He said the budget working groups and chiefs of staff from his office and the legislative leaders are working well together, and he expects progress before the spring legislative session ends May 31. The state is facing a $6 billion budget gap for the fiscal year that begins July 1, and Rauner has proposed closing it without any new revenue.
“Government negotiations often involve a certain amount of political theater,” Rauner said. “That’s fine. It’s not very relevant. It’s all part of the process. It’s fine. No big issue.”
In fact, he said that while he hasn’t spoken to Madigan “in a number of days,” top officials in his administration met with senior staff of the four legislative leaders for four hours on Thursday.
“They’re working through what our (legislative and administration) working groups have done this week,” he said. “I’m cautiously optimistic things are going well. We’re getting some progress.”
He said he wasn’t disheartened by the setbacks of the last week.
“That’s why I wanted the job. I knew it was going to be hard. That’s what we’ve got to do, we’ve got to take this stuff on,” Rauner said.
Subscribers know a bit more about that meeting last week.
* Nothing yet from the governor’s office. From the Illinois AFL-CIO…
Village of Cambridge has pulled the Rauner anti-worker resolution from its agenda for Monday (May 11).
Rauner anti-worker resolution not called at Henry County committee [Friday] morning. Big turnout from labor and community. Great work. May be brought up for hearings in future. We’ll keep you posted.
The agenda item was to discuss rescinding the bad resolution, which had been hurriedly passed. Apparently the item has been pulled to stifle debate. I understand that Cambridge residents are still turning out tonight to make clear they want their voices heard.
* Meanwhile, we’re coming up to an historical milestone. Almost 34 years ago on May 15, 1981 the Republican-controlled Illinois House debated and overwhelmingly defeated (138-25) a “right to work” bill sponsored by DuPage County GOP Rep. Ray Hudson. The debate transcript is here.
This proposal is in a very real sense a link in the chain of American liberty. This measure does in a very real sense epitomize the age old struggle between capitalism and freedom. House Bill 831 simply provides the First Amendment right of our citizens to associate or to refrain from associating in a labor union.” […]
This seems fair. It provides freedom of choice for the worker. It not only seems fair it is fair. The worker joins or doesn’t join but either way he has a job. The union gains because its members are on the rolls paying dues, contributing to Pension Funds and all of the rest of it not because he or she is forced to but because that employee wants to. Because they see in their membership something they really believe is worth having and keeping voluntarily. Of course, this voluntary membership could test the unions’ metal. Of course, this voluntary membership would require responsive and responsible union leadership, but is that so bad? I don’t think so. Why not give the Illinois worker this fundamental right of free choice?
* From Democratic Rep. Jim McPike’s remarks during debate…
…The only thing that is required of that employee is to pay union dues. to pay his fair share. Now, why is that important? It is important because federal law requires that the union, if a union is voted in, federal law requires that that union represent everyone at the plant. They must negotiate fringe benefits, salary increases, holidays, all of their benefits. Not just for union members in good standing but for everyone at the plant. If someone has a grievance they must represent that person at grievance hearings against the employer. Since there are associated costs that the union has in negotiating contracts and representing people at grievance hearings unions feel that workers who share in the benefits of a union should pay for the cost associated with the union. And that’s all the law says. That there can be no free loaders at a given plant. That since everyone benefits from a union everyone should pay for the cost of that union.
“I’m happy to see this is going down the tubes where it ought to be. It’s not been here for a vote positively for 45 years and I hope it doesn’t come back in 45 years.'’
* Bernie profiles Republican congressional candidate Mike Flynn…
While he describes himself as a “pro-life libertarian,” he also said he voted in a Democratic primary in Virginia in 2008 because he wanted to support a local candidate he knew. He did vote for Barack Obama for president on that ballot.
“I thought it would be my only chance to vote against Hillary,” he said of 2016 Democratic presidential frontrunner Hillary Clinton.
It may seem like a little thing, until you remember what happened to Kirk Dillard five years ago in the GOP primary after he supported Obama. If Flynn gets any traction and tries to portray Sen. Darin LaHood as some sort of Republicrat centrist, you can bet good money you’ll see the admission about voting for Obama in a mailer and/or TV ad - sans the Hillary stuff, of course.
Flynn says his family has been in Quincy for six generations, but he’s been in the Washington area for 20 years. He is married with four children, ages 9 to 17, and living in Alexandria, Virginia. He got an apartment in Quincy to run for Schock’s seat, and he says “there would be a transition” and his family would move to Illinois if he wins. He lived in Springfield while on the Illinois House Republican staff from 1992 to 1995. […]
In response to some issues raised by Flynn, LaHood’s campaign spokeswoman, Karen Disharoon, wrote in an email, “It’s impossible to change D.C. with a candidate from D.C., and that’s why Darin’s message of eliminating wasteful spending in government, fighting to repeal Obamacare, and working for term limits to get rid of the career politicians in both parties resonates with the families of central Illinois.” She also said LaHood was “the chief prosecutor of an anti-terrorism unit” and understands national security threats.
* Footnote 12 of the Illinois Supreme Court’s pension ruling…
Additional benefits may always be added, of course (see Kraus v. Board of Trustees of the Police Pension Fund, 72 Ill. App. 3d at 849), and the State may require additional employee contributions or other consideration in exchange (see Gualano v. City of Des Plaines, 139 Ill. App. 3d 456, 459 (1985). However, once the additional benefits are in place and the employee continues to work, remains a member of a covered retirement system, and complies with any qualifications imposed when the additional benefits were first offered, the additional benefits cannot be unilaterally diminished or eliminated. See, e.g., Taft v. Board of Trustees of the Police Pension Fund, 133 Ill. App. 3d 566, 572 (1985); Carr v. Board of Trustees of the Police Pension Fund, 158 Ill. App. 3d 7, 9-10 (1987); cf. Kuhlmann v. Board of Trustees of the Police Pension Fund, 106 Ill. App. 3d 603, 609 (1982) (member not eligible for increase in benefits where he had ceased contributing to the pension fund prior to the change in the law). [Emphasis added.]
To my eyes, the footnote seems to imply that Senate President John Cullerton’s “consideration” theory may pass muster. Cullerton would give workers a choice of allowing their raises going forward to be pensionable without the 3 percent compounded COLA or keep the compounded COLA without calculating raises going forward.
Indeed, I talked with Cullerton this morning and he believes that the footnote fully exonerates his approach. His ideas need to be considered as soon as possible. Tick freaking tock, people.
Also, too, it doesn’t look like the Supremes believe that Gov. Rauner’s idea - move all current employees into a Tier 2 system without providing consideration - will pass constitutional muster.
* And speaking of footnotes, the Supremes have in the past refused to order the General Assembly to fully fund the pension systems. However, check out Footnote 3…
Consistent with an earlier opinion by this court in McNamee v. State, 173 Ill. 2d 433 (1996), and comments at the Constitutional Convention, we did not, however, foreclose the possibility that a direct action could be brought by pension system members to compel funding if a pension fund were on the verge of default or imminent bankruptcy. Sklodowski, 182 Ill. 2d at 232-33.
It’s debatable whether state and local pension systems can declare bankruptcy, but the systems could lapse into technical default. If that does happen, the court has staked out its authority to “compel funding” and that footnote was a crystal clear warning shot.
While the group only released the numbers about Charters, we obtained a copy of the full poll, which includes data on state right track/wrong track, governor job approval and legislature job approval. It was done by Public Opinion Strategies, which you know is very good and is of registered voters. It was done after the so-called Good Friday cuts and before the cuts were rescinded.
After staging a mock trial of billionaire Governor Bruce Rauner at Wellington Avenue Church in Chicago yesterday, 300 seniors, religious leaders and workers piled into school buses to deliver an arrest warrant at one of the Governor’s mansions. Organizers of the event say Gov. Rauner is guilty of trying to balance the budget on the backs of seniors and people who are struggling to get by, instead of raising revenue from the wealthy and big corporations.
“Governor Rauner’s talk about ’shared sacrifice’ is a joke,” said Jessie Avraham, a member of Jane Addams Senior Caucus. “Big corporations and the wealthy aren’t ’sacrificing’ anything, they reap the rewards when they don’t pay their fair share. The Governor’s budget cuts threaten the very survival of seniors who would have to sacrifice quality of life; for many, the cuts could mean a death sentence.” […]
This Event was organized by a broad-based coalition of community groups from around Chicago including Jane Addams Senior Caucus, Action NOW, ADAPT, Community Renewal Society, Grassroots Collaborative, Fight for $15, Indiana Illinois Regional Organizing Network, Jewish Council on Urban Affairs, ONE Northside, National People’s Action, SEIU Healthcare Illinois/Indiana.
Making his first post-election appearance at the Capitol on Thursday, Gov.-elect Bruce Rauner said he hopes the Illinois Supreme Court eventually will provide guidance on what changes are acceptable when it comes to fixing the state’s more than $100 billion debt in the government worker pension system. […]
“My preference is probably to wait until the Supreme Court rules so we have some ground rules for what probably works and won’t work. I think that’s the smarter way to do it,” Rauner said.
Republican Gov.-elect Bruce Rauner said Monday that he was hardly surprised by a judge’s ruling last week that found Democrats’ landmark 2013 pension reform law to be unconstitutional.
But he said he hoped future appeals of the decision would supply a blueprint for what type of reform might pass constitutional muster. […]
“Hopefully they will give us some feedback that will help guide the discussion for future modifications as appropriate for the pensions,” Rauner said.
Rauner said he didn’t appreciate several suggestions for pensions fixes that the Supreme Court included in its 38-page decision. The unanimous decision included suggestions by the court that the state raise new revenue or enact a new schedule for repaying pension debt.
“I’m not sure it makes sense for the judiciary to comment on government policy. I think it’s their role to interpret the law, the existing law,” Rauner said.
I recently obtained a document distributed by the governor’s office detailing the membership list and meeting times and locations of the secret state legislative “working groups.”
The governor’s office has insisted that not only should legislators dummy up about what goes on at the groups’ meetings - which are designed to forge compromises on the governor’s “Turnaround Agenda” - but also that outsiders should not even know the membership of the groups or when and where they’re getting together.
That’s pretty ridiculous, if you ask me. Many moons ago, I began writing about private legislative caucus meetings. That didn’t endear me to the powers that be, but I thought the meetings were too important to the Statehouse process to ignore. I still think that, although caucus meetings are somewhat less important these days.
So, I exerted a bit of effort and eventually scored the governor’s document.
The working group tasked with hammering out a potential tax hike is so secret that its very existence would not be confirmed by members I contacted. Legislators were reportedly warned by the governor’s office that if any word leaked about the group then Gov. Bruce Rauner would refuse to increase taxes.
Yep, he’s a control freak.
The group was nicknamed “Vegas” by some of its members because what happens in the group is supposed to stay in the group. It’s official name is listed as “HOLD” on the governor’s document. It’s apparently not an acronym. “They were that afraid to put things in writing,” explained one source. “So just ‘hold’ this slot open.”
I kid you not.
Republican state Reps. Patricia Bellock and David Leitch are on the HOLD group, as well as Democratic Rep. John Bradley. Senate Democrats Heather Steans and Toi Hutchinson are also on the super secret group, as are Republican Sens. Pam Althoff and Karen McConnaughay. The governor’s top staff abruptly shut down a HOLD meeting last week, calling House Speaker Michael Madigan’s unilateral advancement of a budget bill a “hostile action.”
The “Economic Growth” working group will tackle issues like workers’ compensation insurance, the governor’s local “right to work zones” proposal, tort reform and the minimum wage. Democratic Reps. Jay Hoffman and Art Turner; Republican Reps. Mike Tryon, David Leitch and Dwight Kay; Democratic Sens. Kimberly Lightford and Kwame Raoul; and Republican Sens Matt Murphy and Jim Oberweis are on the group. Some initial progress is being made on workers’ comp reform, I’m told.
The “Taxpayer Protection” working group discusses issues like the governor’s proposed property tax freeze. Members were told that the governor’s initial bargaining position is a permanent freeze. Democratic Senators Gary Forby and Andy Manar are on the working group, as well as Republican Sens. Dan Duffy and Chris Nybo. Democratic Reps. John Bradley and Barbara Flynn Currie and GOP Reps. David Harris and Ed Sullivan are also on the working group.
I wrote recently about the “Transforming Government” group, which featured the Democratic throwdown with the governor’s staff over a legislative term limits constitutional amendment. It’s also dealing with implementing the governor’s executive order on state worker ethics and banning public employee union contributions to the executive branch. Democratic Reps. Lou Lang and Elgie Sims; Republican Reps. Norine Hammond and Chad Hays; Democratic Sen. Don Harmon; and Republican Sens. Darin LaHood and Chapin Rose are all on the committee.
The governor wants to move current state employees and teachers out of their “Tier 1″ pension plans and into a “Tier 2″ plan that provides far fewer benefits. His “Pension Reform” working group is comprised of Democratic Rep. Elaine Nekritz, Senate Democrat Daniel Biss, and HGOPs Tom Morrison and Ron Sandack, along with SGOPs Bill Brady and Pam Althoff.
Gov. Rauner has been promising a major road and transit construction plan since the campaign. The “Capital Plan” working group is comprised of SDems John Sullivan and Marty Sandoval, SGOPs Dave Syverson and Karen McConnaughay, HDems Bob Rita and Christian Mitchell and HGOPs Norine Hammond and Ed Sullivan. They didn’t get much done at their last meeting because the governor refused to talk about how to pay for it.
The “Budget Implementation” working group is huge. The last meeting was attended by 38 people, including all legislative appropriations committee chairs. Getting things accomplished with a group that size could be difficult.
The “Unemployment Insurance” working group will use an “agreed bill” process to find a way to bring down employer costs. Republican Sens. Sue Rezin and Kyle McCarter are serving on the group, as is Democratic Sen. Terry Link and Democratic Rep. Jay Hoffman, along with House Republicans John Anthony and Dwight Kay.
OK, can we stop with all the crazy secrecy now, please?
Subscribers have more details about individual working group meetings.
