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This just in…

Monday, Apr 25, 2011 - Posted by Rich Miller

* 4:38 pm - Well, so much for breaking this news to subscribers tomorrow morning. From a press release…

Pat Quinn today announced three top appointments to his executive cabinet. Today’s actions are the latest in a series of appointments Governor Quinn is making as he continues to fulfill his commitment to creating jobs, fostering economic development and increasing efficiency and accountability in all areas of state government.

Governor Quinn today named Salvador “Tony” Godinez to lead the Illinois Department of Corrections (IDOC). Acting Director Gladyse Taylor will return to her previous position as assistant director. The Governor also re-appointed Warren Ribley as director of the Department of Commerce and Economic Opportunity (DCEO) and Major General William Enyart as Illinois’ Adjutant General, directing the state’s Department of Military Affairs.

“Tony Godinez, Warren Ribley and General William Enyart have devoted their careers to public service, and the people of Illinois will benefit from their wealth of knowledge and experience,” said Governor Quinn. “I thank Gladyse Taylor for her dedication and leadership and look forward to her continued work on behalf of the people of Illinois.”

Currently the executive director of the Cook County Sheriff’s Department of Corrections, Godinez has spent 37 years working in the correctional system, including as warden of Stateville Correctional Center, as well as chief of operations and chief of staff at IDOC.

Previously, Godinez also served as warden of Ely State Prison, a maximum security facility in Ely, Nevada, and as a corrections administrator in Michigan, Delaware, Louisiana and Puerto Rico. A graduate of the University of Illinois-Chicago and Chicago State University, Godinez has participated in professional associations related to anti-violence and corrections policy nationwide.

Warren Ribley was appointed by Governor Quinn to lead DCEO in March 2009. Since then, Ribley has overseen agency efforts to foster job creation and economic growth in Illinois, by building the state’s green economy, attracting high-growth industries to locate and expand in Illinois, increasing opportunities for global trade and providing support for job training and continuing education. As director of DCEO, Ribley has overseen the state’s efforts to attract or retain more than 100 businesses, leveraging $3.3 billion in private investment and creating or retaining more than 26,600 jobs.

Major General William Enyart was appointed as the 37th Adjutant General of the State of Illinois in 2007. In addition to advising the Governor on military matters and overseeing the Illinois Department of Military Affairs, he is the senior officer for both the Illinois Army and Air National Guard, overseeing 13,500 men and women in uniform. In his military career, General Enyart has earned numerous awards and decorations, serving abroad in Italy, Japan and Ukraine, and completing assignments including service in the infantry, as well as in the Judge Advocate General Corps. [Emphasis added]

  22 Comments      


A lucky penny, Oprah, moms, quilts and Rachel Maddow

Monday, Apr 25, 2011 - Posted by Rich Miller

* It’s a pretty darned slow news day out there. But a longtime source just told me, “Hey, at least you have the Blagojevich trial.”

Um, not so much. WLS

Once through security and after replacing his belt - which all have to remove for search - he spotted a shiny copper penny on the floor.

WLS court reporter Holly Garland mentioned to him it was likely a “lucky penny,” Blagojevich promptly picked it up and handed it to Garland.

Returning the penny to him, Garland said, “you’ll need this more than I,” at which point he took it back, said thanks, and clasped his hands around it.

Sun-Times

A potential juror who was questioned for Rod Blagojevich’s retrial this morning, noted on her jury questionnaire that she had a potential conflict in May.

“You don’t want to miss Oprah on May 10?” Judge James Zagel asked the woman.

Zagel asked if she had one ticket to attend the Oprah Winfrey Show, whose days in Chicago are numbered.

“Four tickets,” she corrected him.

Tribune

Referring to a questionnaire one woman juror filled out, Zagel noted she had mused about the difficulty of sorting out the credibility of witnesses who cut a plea deal to testify for prosecutors, something that will play out in the Blagojevich trial.

“There’s no machine that can tell you when they are truthful,” said Zagel, noting that’s what juries must figure out.

The process of sorting out conflicting claims and credibility at the trial is not unlike being a mom, the judge continued. “It actually may not be that dissimilar from the decision you had to make many years ago when you had to decide which child was telling you the truth,” he explained.

AP

A federal judge is questioning everyone from a painter to a teacher to a quilt maker as part of the jury selection process in former Gov. Rod Blagojevich’s corruption trial.

In interviews that lasted about five minutes each, U.S. District Judge James Zagel asked 13 potential jurors Monday morning about how much they followed Blagojevich’s trial last summer.

* About the only “news” was a new filing by the prosecutors involving one of Blagojevich’s TV appearances

The Blagojevich prosecutors are seeking to introduce an appearance by the former governor from January 27, 2009, on MSNBC’s “Rachel Maddow Show.”

The prosecutors want to play the tape, to prove that Blagojevich should have know that his activities were improper. […]

Prosecutors say they need to play that tape, to “rebut the defendant’s defense that he did not realize the nature of his conduct, and that he had ‘no idea’ he could not do what he did.”

Transcript

MADDOW: Do you agree that it would be wrong, it would be criminal for you to try to exchange Barack Obama’s U.S. senate seat, that appointment, for something that would be of value to you. You agree that that would be wrong.

BLAGOJEVICH: Oh, absolutely.

MADDOW: Yeah. Did…

BLAGOJEVICH: A personal, you know, one for the other personal gain?

MADDOW: Yeah.

BLAGOJEVICH: Absolutely.

MADDOW: And you didn’t do that?

BLAGOJEVICH: Absolutely not.

Actually, Rod, you did.

Busted.

…Adding… From the government’s motion

The government cannot predict with certainty the contours of the defense to be presented in the upcoming retrial. In the first trial, however, defendant attempted through cross-examination of government witnesses to suggest that he did not know, and had no way of knowing that his conduct was unlawful because, among other things, none of his advisors told him that was the case, and because such conduct was not unusual.

From his own lawyer’s comments at the last trial…

Tell me one piece of evidence that came in here when he said, no, on such and such a date Quinlan said “no, it’s illegal,” or on such and such a date, “Governor, that’s illegal, you can’t do that”? Tell me one time? Just one time. Have them play one tape. You had about 5500 conversations and not one did they play for you where they say, “you can’t do this Governor”? It’s the exact opposite. This man had no idea that you couldn’t do it because everybody told him he could, and not only could, should, and not only should —

  7 Comments      


Today’s numbers

Monday, Apr 25, 2011 - Posted by Rich Miller

* The reforms of the teacher pension system were bigger than many figured

While the state won’t catch up on the debt it has incurred for existing teachers’ pensions for at least three decades, by 2036, it will basically stop having to pay for pensions for teachers hired after Jan. 1.

An actuary’s report for the state Teachers’ Retirement System projects that as more teachers come into the system under the second tier of benefits approved by the General Assembly in 2009, the new teachers will pay a big chunk of the debt owed by the state.

“The tier 2 members are really paying more than the benefits are worth,” said Kathleen Farney, TRS’s director of research. “So not only are they paying for their own benefits, but they’re actually helping reduce the unfunded liability that was accrued before they were even hired.”

While the legislature’s intent in creating second-tier benefits for new teachers, state workers, university employees, legislators and judges was to reduce the state’s costs, “they kind of overshot” in the case of teachers, Farney said.

I asked about this topic a couple of weeks ago, and was not informed of the audit, which was completed in early December. Instead, I was told this by TRS, among other things…

The real rub for Tier II members is the “cap” on how much of a Tier II teacher’s salary can be counted toward their pension. Right now the cap is $106,800. It doesn’t affect that many people…now. But over time as the cap increases with inflation, so will salaries…and salaries will probably increase faster than the cap.

In time more teachers than not will have a portion of their salaries not counted toward their pension and that portion will increase every year. And over time as the cap hinders the ultimate size of a person’s pension, it’s expected by our actuaries that the benefit will not be large enough to meet the minimum standards of Social Security for a stand-alone pension plan. At that point it’s expected that the federal government will force teachers into Social Security, which increases school district costs.

So, the budgetary news isn’t all good.

* Ralph Martire argues for using a higher revenue number for next fiscal year

Overstating projected revenue would lead to irresponsible deficit spending, but understating revenue would lead to irresponsible spending cuts that hurt everyone from school kids to seniors, while causing job loss in the private sector.

The Senate used revenue estimates developed by the nonpartisan Commission on Government Forecasting and Analysis. COGFA is staffed by professionals whose sole job is to forecast and analyze fiscal matters. Over the last decade, COGFA’s revenue forecast has averaged being within 1.4 percent of the actual revenue generated in those years. The last decade includes the Great Recession, making COGFA’s miniscule margin of error that much more impressive.

The House revenue projection is primarily a political compromise reached between some House Republicans and Democrats, who are concerned about overspending. Given the stakes, this is no time for political concerns to get in the way of accuracy. Even using the highly accurate projections made by COGFA, some painful cuts may still be required. Making matters worse in the name of political compromise is not fiscally — or morally — responsible.

But, as I’ve explained before, putting too much into next year’s spending base could have a disastrous impact down the road, when the tax hike is set to expire. Dismissing that very real problem by focusing in on one spending year is not a good idea.

* James Warren totals up the amount of money paid out by Chicago for Shakman Decree violations since 2005

*Claimants: nearly $12 million

*The monitor and her firm’s attorneys: just over $5 million

*The monitor’s consultants: nearly $2 million

*Plaintiff Michael Shakman and his attorneys: about $4.5 million

*The city’s primary outside law firm, Laner, Muchin, Dombrow, Becker, Levin and Tominberg, Ltd.: just over $1 million.

Shakman’s firm is doing a pretty brisk business.

* More numbers…

* Quinn grants 85 clemency requests, denies 189

* Rutherford to address Menard County Republicans: “I’ve always been told, if you don’t get 20 percent of the city of Chicago, you don’t win, and we got 22 percent and we won,” he said of the 2010 treasurer race in which he defeated Democratic opponent Robin Kelly with 50 percent of the popular vote.

* Taking great pleasure at small savings: One line-item that caught my eye was “Reduction in mobile phone usage — $14,000.” Rutherford asked his employees with state-paid cellphones to turn them in if they couldn’t justify the need, and 26 out of 36 subsequently surrendered their phones.

* Illinois to start tracking bicycle ‘dooring’ collisions

* Hundreds of Cook County Health Patients Caught Off-Guard By Furlough Day

* Jobe tops in down year for Springfield aldermanic fundraising

* Commissioner John Fritchey owes over $24,000 for property taxes: “My wife acted upon advice from her attorney and ceased payment on the property taxes, as well as the mortgage,” he says. “While I questioned the advice from her lawyer, I have no choice but to accept the decisions she made. Divorce brings a number of hardships. These are among them.”… He says their house is now under contract, and the taxes will be paid when the sale is completed. “They will be paid in full at the closing of the house, which is scheduled to take place in approximately 60 days,” Fritchey says.

  18 Comments      


Question of the day

Monday, Apr 25, 2011 - Posted by Rich Miller

* John Boch, President of Guns Save Life, continued to make harsh comments over the weekend about a Jewish state Senator’s request that Boch’s group apologize for comparing an attorney general’s ruling to Adolph Hitler’s actions during the Holocaust. AG Madigan, you will no doubt recall, ruled that the Associated Press’ request for FOID cardholders’ names ought to be granted…

An Illinois Senator is demanding a guns-rights group apologize for using the yellow Star of David to compare gun owners’ problems to Holocaust victims. […]

The gun rights group defended the use of the Star of David by saying the Holocaust began with Jews in Germany being identified, then disarmed, then annihilation. […]

“It’s a horrible analogy. It’s not only Jews but non-Jews that were killed in the Holocaust,” Senator Ira Silverstein said. “They’re trying to make a point, I understand, but the way they’re making their point is totally unacceptable.” […]

When asked if he had the intention of apologizing, John Boch, President of Guns Save Life, replied, “Hell no.” […]

“The mantra is supposed to be ‘never forget’ and ‘never again,’ not ’stick your head in the sand and whine like a little girl when you see Holocaust imagery,’” Boch said.

* And the Sun-Times editorial page has jumped into the fray

The group’s twisted logic lays bare a profound disregard for historical truth. It was not the identification of Jews, or the loss of their firearms, that led to their deaths in the gas chambers. It was a maniacal government, supported by powerful cultural forces, that led to mass Jewish deaths.

To liken that march toward death to the simple naming of people who applied for a government ID card in Illinois is absurd.

There are legitimate arguments against releasing the names of gun owners, arguments that have been articulated by thoughtful gun-rights advocates.

But nobody has dared to resort to this kind of craven and offensive twisting of history — until now.

Up until now, the NRA has refused to comment on the matter. But the NRA’s concealed carry bill remains a few votes shy of passing the House, and too much more negative Boch publicity probably won’t help matters much. Ordering Boch to clam up might work, but he doesn’t appear to be the shrinking violet type. It might just all go away if nobody else picks up on it, or the situation might spiral outta control. So…

* The Question: Should Statehouse backers of the concealed carry proposal publicly denounce Boch’s comments or ignore them? Take the poll and then explain your answer in comments, please. Thanks.


  91 Comments      


The fog of war

Monday, Apr 25, 2011 - Posted by Rich Miller

* Northwest Herald editor Dan McCaleb penned a column over the weekend decrying major cuts to human service programs, then added this

And at the same time Quinn is proposing these massive cuts to social service agencies, he’s increasing by more than $100 million the wages and benefits of public employees in the Department of Human Services and at state institutions.

These are among the same public employees who are members of the state unions that backed Quinn in last year’s election.

So we know Quinn is good at taking care of those who take care of him.

As for everyone else, including those who need care the most … well, he just doesn’t care.

Our elected lawmakers need to see through this farce and restore this funding.

Those pay and benefit increases are directly tied to the state’s union contract, which was negotiated and signed by Rod Blagojevich, not Pat Quinn. The Northwest Herald has regularly called for budget cuts, but apparently isn’t quite up to snuff on what the budget actually is. The state spends the most on education, health care, human services, prisons and workers/retirees. Over 95 percent of state workers belong to a union, so their pay cannot be cut in the coming fiscal year. Other avenues must be found. I know it’s fashionable to bash public employees, but a little reality would be nice.

* The Chicago Tribune editorial board appears unclear on the concept of legislating. It wants lots more anti-union provisions in the Senate-approved education reform bill

• The Senate bill requires a 75 percent vote of approval by teachers to authorize a strike in Chicago. That’s a fairly high bar, but as new school leadership gets established and Chicago sorts through its financial crisis and contract talks, children need a guarantee that they will be in school. The House should set at least a five-year moratorium on Chicago school strikes.

Performance Counts emerged from the Senate after months of bargaining. It’s a very good bill. It could be a great bill. That’s the challenge to House Speaker Michael Madigan, Minority Leader Tom Cross and their members. Make it great.

Take out the right to strike and there goes the teachers’ union support. That may sound just fine and dandy to the Tribune and many others, but passing such a hotly opposed bill would be quite a bit more difficult, if not impossible. It’s the difference between what Wisconsin rammed through and what Illinois is doing, on several fronts. By definition, compromises don’t satisfy everyone, or even anyone. It’s pretty easy to bloviate from an editorial boardroom. It’s a whole lot more difficult to actually pass legislation and get it signed into law. A tiny bit of recognition of this fact of life would be appreciated.

It’s more than obvious that the Tribune is itching for a fight with the CTU

Emanuel isn’t calibrating each move to please this or that group, as Daley often did. Instead, the mayor-elect is trying to recruit the Get-It-Done Brigade. Consider:

His most controversial choice to date, Jean-Claude Brizard, will be CEO of Chicago Public Schools for one reason: Emanuel sees him as a pile-driving force for reform. That is, for putting student performance first. If teachers union officials in Rochester, N.Y., didn’t approve of Brizard, so be it. That tells Emanuel that Brizard probably is steely enough for what comes next; the Chicago Teachers Union plainly intends to resist much of Emanuel’s reform agenda. What’s more, Emanuel has bulwarked Brizard for whatever fight the union wants to instigate.

It sounds to me like it’s not the unions who are doing the instigating here. After all, the CTU signed off on the Senate reform bill, despite taking it on the chin on numerous issues. But the Tribune wants more. Lots more. And they won’t stop until they get it.

Wars always have unintended, unforeseen consequences. So, rather than singing patriotic battle hymns as they attempt to march the city toward the ultimate showdown, perhaps a little sober and rational forethought would be the wiser course.

* And the State Journal-Register wants to push thousands of its subscribers out of their pension plans and let the Supreme Court sort it out

As the General Assembly returns to work in the coming weeks — the House on Tuesday, the Senate on May 3 — we urge lawmakers to pass House Bill 149 — or some form of it — and initiate the inevitable court challenge that will yield an answer. The bill does not seek to cut benefits directly, instead giving employees hired before this year the option of paying more to keep their benefits the same or choosing between two alternate plans that offer lesser benefits. […]

The constitutional clause in question — “Membership in any pension or retirement system of the State, any unit of local government or school district, or any agency or instrumentality thereof, shall be an enforceable contractual relationship, the benefits of which shall not be diminished or impaired” — could reasonably be interpreted as allowing the state to ask for greater contributions as long as the benefits themselves are not “diminished or impaired.”

Then again, the Illinois Supreme Court could reasonably interpret that the options offered in HB 149 are a back-door form of diminishing or impairing benefits, thus violating the constitution. […]

The only thing certain in this matter is that Illinois needs an answer. The state can’t continue down its present path and expect anything but disastrous results… We see only one route to an answer and it leads directly to the Illinois Supreme Court. Let’s get this process moving.

Give them credit for guts.

Thoughts?

  42 Comments      


Blagojevich: Keep clothes, laziness, job for wife, Tribune deal out of retrial

Monday, Apr 25, 2011 - Posted by Rich Miller

* Former Gov. Rod Blagojevich’s attorneys are attempting to keep some embarrassing revelations out of his second trial, including the $400,000+ he and his wife spent on clothing

“There was no impropriety whatsoever surrounding these purchases,” the attorneys wrote in a motion filed Friday night. “The fact that Blagojevich did not spend his money wisely or frugally is of no consequence to the government’s allegations that he schemed to obtain campaign contributions.”

The attorneys also asked judge James Zagel to bar testimony about the former governor’s work habits; specifically, his penchant for staying away from his official offices in Springfield and Chicago.

“This conduct is not illegal, but it is highly inflammatory and prejudicial,” the lawyers write. As examples, they cited testimony of former deputy governor Bob Greenlee, that Blagojevich was at the office as little as six to eight hours a week, and that he once avoided meeting with his finance chief by hiding in a bathroom.

Through his lawyers, Blagojevich also asked the judge to limit testimony about his efforts to obtain a job for his wife Patti, and allegations that he sought the dismissal of members of the Chicago Tribune editorial board in exchange for state help in renovations at Wrigley Field.

But Blagojevich is attempting to use his record in office to his advantage

In the run-up to his corruption retrial, Rod Blagojevich portrayed himself in a blitz of media appearances as the victim of entrenched interests out to derail his enlightened populist agenda.

“I am fighting for my life’s work,” Blagojevich declared in a recent live TV appearance, one of many such public comments that prompted prosecutors to complain the impeached former governor was improperly seeking to sway potential jurors with pleas for sympathy.

The other side of that coin

“For six years I blocked that income tax increase,” Blagojevich told the Tribune in a recent interview. “And had they not arrested me, there wouldn’t be that income tax increase today.”

Ralph Martire, executive director of a Chicago-based fiscal think tank, once served on a Blagojevich budget reform panel but found himself in the governor’s doghouse after publicly floating the idea of a tax increase. Martire said Blagojevich shouted obscenities at him in the halls of the Capitol.

“The most disingenuous and damaging part of Rod’s fiscal legacy is that he reinforced the notion for voters that they could have public services and never pay for them,” said Martire, of the Center for Tax and Budget Accountability. “Some people are amoral, but he’s a-fiscal.”

There might not’ve been an income tax hike, but the fiscal problems would’ve been far worse. Imagine another two years of that hugely expensive war between Blagojevich and Madigan et al. We’ll be paying off the costs of their guerre politique for years. Decades, even.

* Anyway, jury selection continues today in Blagojevich’s retrial, and Judge James Zagel is keeping the pool pretty wide open so far

[Zagel] refused defense requests to send home several people who seemed biased against Blagojevich, including a retired auto shop owner who wrote that, “Based on news accounts, my personal bias is - he is guilty.” Zagel said he accepted the man’s assurances in court that he could set aside his preconceptions and focus solely on the evidence.

Ouch.

* Meanwhile, Laura Washington thinks Blagojevich and Donald Trump are a lot alike

Imagine Blago as a role model. In 2010, before his first corruption trial, Blagojevich hung out with “The Donald” as a contestant on Celebrity Apprentice. His performance was short-lived and ignominious and he washed out of the competition after four episodes.

Blago’s wacky TV “appearances” were thinly veiled ploys to win sympathy from the jury pool. Given how his first federal corruption trial worked out, it may have worked.

It worked for Trump. The “Apprentice” boss man seemed uncharacteristically wistful when he “fired” the former governor. Trump said he felt “sorry” for him, and that Blagojevich had “a lot of courage.”

Blagojevich and Trump are brothers in limelight, both accomplished at mugging, preening and dissembling for the cameras. Each has a deep affection for spending other people’s money — for Blago, it was custom Oxxford suits. The Donald favors casinos and opulent office towers. Both have never met a tall tale they couldn’t top.

* FYI, Illinois Republican Party Chairman Pat Brady thinks Trump is not a serious candidate

“No I think he’s irrelevant, and I don’t think he’s serious. This is a guy whose whole life is around branding his name. I mean who else has a building named after him that he built. Who else has a big jet with his name on the side of it,” Brady said.

Doug Ibendahl had a funny rejoinder

Gee Pat, you’ve never heard of the James R. Thompson Center? Big building in Chicago’s Loop? Looks like a giant greenhouse?

Heh.

* Chairman Brady also talked about Blagojevich the other day

The head of the Republican Party in Illinois says Rod Blagojevich could still be a political issue in the next statewide elections in 2014… He said the same people who initially supported Blagojevich for governor are still in power, so it’s still a political issue.

“Hopefully, when we put our candidate up to run for governor, we can remind them that Pat Quinn served as his lieutenant governor and, more importantly, the policies that Pat Quinn has pursued in his first year in office,” Brady said.

Bill Brady used Rod Blagojevich in one late TV ad against Pat Quinn, then pulled it off the air after only a day or so. The issue just doesn’t poll well. Brady is merely blowing smoke in advance of the trial, but that doesn’t mean his statements should be bought hook, line and sinker by the media, either.

The Blagojevich “issue” appears to have worked against one Democrat last year - former state Rep. Jay Hoffman, who was Blagojevich’s House floor leader. Other than that, it was a total dud.

  23 Comments      


Cross is now for medical marijuana, but the overall climate is still quite harsh

Monday, Apr 25, 2011 - Posted by Rich Miller

* David E. Smith, the executive director of the Illinois Family Institute is not happy with House Republican Leader Tom Cross

House Republican Leader Tom Cross recently announced that he now supports HB 30, the medical marijuana legalization bill. This is very disconcerting. Marijuana activists are working hard to decriminalize marijuana and impede the U.S. anti-drug policy. The first step is for medical use.

Does Cross think the Illinois General Assembly should circumvent the medical and scientific experts at the Federal Drug Administration? Should state lawmakers ignore the many warnings by federal authorities like the National Institute on Drug Abuse and the Drug Enforcement Agency? Should lawmakers ignore the law enforcement community objections, including the Illinois Association of Chiefs of Police and Illinois Sheriffs’ Association, among others? Federal drug laws supersede state laws. HB 30 would create a licensing scheme contrary to federal law, making property owners, landlords and citizens liable to federal action. Lastly, Illinois lawmakers shouldn’t disregard Illinois’s DUI laws. HB 30 allows a medical marijuana patient to operate a motor vehicle after six hours of consuming marijuana, while research shows that a single joint with a moderate level of THC can impair a person’s ability to drive for more than 24 hours!

Leader Cross’ change in position means that the medical marijuana bill could pass the House this time around, according to its Democratic sponsor, Rep. Lou Lang

“The best prospects for passing this bill now comes because we have cooperation from the other side of the aisle,” said Lang.

* But the former prosecutor isn’t going totally wobbly on the drug issue

State Rep. Tom Cross, R-Oswego, and Will County State’s Attorney James Glasgow teamed up to ban drugs known as “bath salts,” “K2” and “spice.” […]

“These substances can be very dangerous and are being marketed in a way that implies they are safe,” Cross said. “These ‘bath salts’ aren’t your grandmother’s bath salts — they are very dangerous synthetic stimulants. ‘Spice’ is not something that you use for cooking — it is essentially a synthetic form of cannabis.”

* And neither is the Illinois Supreme Court

If you get behind the wheel with traces of illegal drugs in your body, you potentially could face a prison sentence.

The Illinois Supreme Court on Thursday handed down the opinion in People v. Martin, reinstating Aaron Martin’s original conviction of aggravated driving under the influence and a six-year prison sentence.

Peoria County Circuit Court prosecutors convicted Martin of a charge of aggravated DUI because he was driving with methamphetamine in his body when his car crashed into an oncoming car, killing two people on Christmas night 2004.

The six other state justices unanimously concurred with Supreme Court Justice Mary Jane Theis’ 10-page opinion, which overturned the appellate court decision that ruled there was no “causal connection” to prove the drug had caused the crash, since the effects of the drug had likely worn off.

“In this case, it was shown that defendant driver caused the accident. Thus, there was no need to prove that he suffered from any degree of impairment which caused the accidental fatalities,” according to the high court’s opinion.

Marijuana can stay in your body for a month or more. The effect of this new Supreme Court opinion means that you could take one hit off a joint, get in a car crash a month later and then find yourself facing additional criminal charges because of the remaining residue in your body.

* Speaking of driving

According to the National Safety Council, a quarter of all car crashes involve cell phone use, and the National Highway Traffic Safety Administration estimates 9 percent of drivers are on their cell phones at any given moment.

Using the logic of People v. Martin, maybe one day when they discover you were on a cell phone a month before a car accident, they’ll up your penalties.

Discuss.

  24 Comments      


Tax haven plan may backfire badly

Monday, Apr 25, 2011 - Posted by Rich Miller

* I’ve been telling subscribers about this bill for over a week now. It’s quite something

Some big Chicago-area retailers have found a way to avoid paying high local sales taxes on their wholesale purchases. They’ve essentially set up their own “tax havens” in downstate counties that have no local sales taxes. The havens mostly are just one-person offices with a fax machine.

The retailers contract to purchase mass quantities of fuel or construction equipment or lumber or whatever, and then those contracts are faxed to their little downstate offices, stamped as received and then faxed back to headquarters and — voilà — no local sales taxes are owed.

In January, the Illinois Department of Revenue lost a court case filed by Hartney Fuel Oil Co., Putnam County and the town of Mark, Ill. (population 500).

Hartney is based in Cook County but had a “sales office” in no-tax Mark. The Department of Revenue claimed that Hartney owed sales taxes in Cook County, but a Putnam County judge disagreed.

Nobody really noticed. But then some folks got the bright idea of introducing a bill at the Statehouse to codify the downstate court case to make certain that all Chicago-area companies had the same option.

Bad move.

Introducing that legislation shone a light on the tax-avoidance scheme, and now all heck is breaking loose.

Proponents say this tax haven thing has been standard practice for 50 years and they’re just hoping to codify the judge’s ruling after the Department of Revenue changed its practices. They also claim that if their bill fails, companies will move their headquarters out of the Chicago area to avoid high sales tax rates.

A lobbyist who worked for the bill claimed that after five state audits ruled against his clients, four moved out of Cook, with one going to Indiana.

The bill passed the Senate earlier this month, partly because opponents reacted too late to kill it.

The legislation has received scant media coverage so far, but it is considered a major threat by the Regional Transportation Authority, Cook County, the city of Chicago and several suburban taxing bodies, which worry that the legislation would lead to a vast out-migration of tax revenues.

Some suburban counties thought they could get some of those tax havens, until they realized their inclusion in the RTA’s regional sales tax zone meant they had no chance. So they no longer are supporting the bill.

The Chicagoland Chamber of Commerce’s support was crucial to the bill’s Senate passage, but the chamber reportedly received serious heat from Mayor Richard Daley and Mayor-elect Rahm Emanuel. So, it is backing away as well.

And the main lobbying firm which pushed the legislation through the Senate has withdrawn from the fight. The firm also represents the DuPage County Board, the chairman of which is now opposing the bill after initially backing it. That position change meant the lobbying firm had a conflict, so it’s out.

Meanwhile, House Speaker Michael Madigan’s spokesman said last week that while opinion is divided in the House over the bill’s future, with some downstaters pushing hard for its passage, Madigan has put the legislation “under very serious review” because the “alarm bells have been sounded.”

That may look like a hedge to you, but Madigan’s people usually don’t tip their hand so clearly. The wheels have come off this bill.

The RTA’s chief lobbyist is Madigan’s son-in-law, which doesn’t help the bill’s chances in the House, of course, but the strong opposition from pretty much the entire Chicago region’s governmental units is hugely important.

Also, the state senator who represents Madigan’s district, Steve Landek, forcefully opposed the tax bill in committee, claiming that much of the construction of the Chicago Fire’s soccer stadium in his district avoided local sales taxes by using those downstate tax havens.

And now, the Senate bill’s opponents are gearing up to introduce legislation of their own in the House that would officially kill off these tax havens. The measure likely will be tacked onto a broader bill dealing with taxation. Doing it that way would make it far tougher to vote against the provision.

The bottom line here is that the backers of the original Senate legislation might have set the stage for exactly the opposite of what they intended.

Instead of just letting the judicial branch handle the issue completely under everybody’s radar, they decided to move the fight into the General Assembly. But then everybody discovered what was going on.

Oops.

* Meanwhile, in other business-related news, ComEd’s big push got Phil Kadner wondering whether the company’s bill sponsor, Rep. Kevin McCarthy, is getting anything out of this spring session

So I asked the ComEd president whether McCarthy had been promised a job in exchange for his support.

She smiled and said ComEd was pleased to have McCarthy sponsoring the bill because he’s smart, understands the issue and is an experienced legislator.

I asked McCarthy if he would promise not to ever accept a job from ComEd or act as a paid consultant for the company or become a lobbyist for the industry.

McCarthy said he has been promised nothing for his work on the bill and has spent years passing tough legislation in Springfield, earning the respect of House Speaker Michael Madigan (D-Chicago), who is confident in McCarthy’s ability to get the job done.

CUB’s Kolata said he has no reason to suspect McCarthy has been promised anything.

Reading between the lines isn’t too difficult there. We’ll have to see what happens, but if McCarthy is looking to get out, this would be a good time to do so, and with a major bill to push himself on to bigger and better things.

* Related…

* State’s decision to drop two HMOs causes worries

* Nuclear plant in Clinton running out of space for spent fuel

* Analysis by ZIP code shows mostly slipping values

* Chicago has highest gas price in nation

* Illinois is the Tenth Least Green State

* Editorial: At long last, we can see hope ahead

* Virgin America to enter Chicago market with a flourish

* Mayors: I-294, I-57 interchange needed

* Why Does WalMart Want In On Lakeview?

* Landmarks Illinois suggests other uses for Prentice hospital

* United Continental execs get raises after airline merger

  11 Comments      


Audit: Just $89K recouped from $1 million state grant

Thursday, Apr 21, 2011 - Posted by Rich Miller

* Chalk up another indiscreetly closed chapter in the too-long Blagojevich saga

State efforts to recoup $1 million that impeached ex-Gov. Blagojevich said he errantly gave to Loop Lab School yielded Illinois taxpayers a paltry $89,000, Illinois Auditor General William Holland disclosed Thursday.

That finding, which triggered new questions about the role Gov. Quinn’s current chief of staff had in the Loop Law school grant, was part of a broader analysis by Holland of how the Illinois Department of Commerce and Economic Opportunity did a poor job of keeping tabs on some of the $1.5 billion in grants it oversaw. […]

The state’s recovery of only 9 percent of the original grant to Gill’s organization — a process undertaken by the Department of Commerce and Economic Opportunity and Attorney General Lisa Madigan — came despite the court-approved sale last January of the former school property for $750,000.

Most of the proceeds from that sale wound up being eaten up to pay off a portion of a $305,000 loan Loop Lab School took out from Republic Bank, along with $160,000 in unpaid condominium association assessments, nearly $80,000 to fix out-of-code construction undertaken by the school, a $43,219 federal tax lien and various city and county taxes, court documents show.

“We made every effort to recover the state’s money. But the bottom line is this grant should never have been given in the first place, and it’s yet another example of the toll former Gov. Blagojevich’s reckless actions have taken on the state,” Madigan spokeswoman Natalie Bauer said.

The full audit is here.

  Comments Off      


Reader comments closed for the holiday weekend

Thursday, Apr 21, 2011 - Posted by Rich Miller

* My former intern Paul Richardson will always have a special place in my heart because he was my first intern. I never wanted an intern, but he completely changed my mind. Paul was an incredibly hard worker, extremely reliable and mature beyond his years. The kid is still beloved at the Statehouse by the many people he met. Actually, he’s not a kid anymore. He’s about to graduate from law school and he’s starting an interesting new business. From an e-mail…

…I thought you’d get a kick out of knowing that I’ve kind of come full circle and am now working on legal blogging. To make spare money over the last year I’ve been running the blog of a medium size firm here in the city. I’m in the process of turning the idea into a small business–essentially providing daily legal related posts ad analysis to firm blogs in order to boost their search engine rankings. The site is called LawBlogWriters.com.

Anyway, after reminiscing about how I wouldn’t have any connection to blogging or law school were it not for my time in Springfield, I wanted to just send a quick hello.

As always, thanks for your guidance. Send my regards to Wasan.

-Paul

P.S. A few more clients and Ill be able to actually make my law school loan payments. If any Springfield law firm Lobsters happen to mention blogs, send them my way. ;)

Consider it done, Paul, and best of luck.

If anyone is interested in Paul’s new endeavor, send me an e-mail and I’ll put you in touch with him.

* I’ll be back Monday - or Tuesday, depending on the news volume. Have a great one.

* But, before I go, allow me to vent a little. Hey! State Fair goofballs! The Black Keys are playing smallish locales all over the place this summer, including a 950-seat open-air venue in an Indiana state park. Listen, clowns, I’m getting really tired of those Hoosiers beating us out. Why can’t you backwards Philistines book a band like this? Instead, we get freezer-burned, has-been 80s rehashes and mall-music “artists.” Your complete lack of taste and imagination makes me wanna tear my hair out. Ugh. Seriously, what is wrong with you people?

I say this out of love, believe it or not. I love me some State Fair. Always have, ever since I was a kid in rural Iroquois County. But you State Fair types are killing me, man. Locate just a hint of a clue, please. And, I know, the Springfield area is what it is when it comes to musical preferences. But, how about devoting just one night a year to something besides safe, predictable, inoffensive tripe?

OK. Whew. I feel a little better. So, let’s properly kick off the holiday weekend with a Black Keys cover of a Stooges classic

Maybe call my Momma on the telephone

  Comments Off      


Rhetoric and reality

Thursday, Apr 21, 2011 - Posted by Rich Miller

* Republican state Sen. Kyle McCarter has been a major proponent (and sponsor) of worker’s compensation reform. And he’s framed the debate in very stark terms

“Right now, Illinois is at a huge disadvantage over states like Missouri and Indiana in attracting businesses and jobs,” said McCarter. “Our system also makes it harder for our businesses to compete with their counterparts in other states.”

And

“If we pass this [worker’s comp reform] plan in the Senate, sending onto the House for approval and the Governor signs it, we’ll send a clear message that Illinois is open for business again. This will be one big billboard saying: ‘Open for Business in Illinois’,” said McCarter. […]

“This reform equals jobs and we need jobs now.”

* But Sen. McCarter isn’t completely down on Illinois’ business climate. In fact, he’s planning to build a Metro East industrial park not far from the Missouri state line, where the grass is supposedly so much greener

McCarter’s proposed development, Innovation Park, located near O’Fallon, is currently before the O’Fallon Planning Commission.

If approved by the O’Fallon council, Innovation Park will be located on 12.3 acres of farm land along the south side of U.S. Route 50 East. The area is surrounded by a mix of industrial, commercial, residential and agricultural properties. […]

McCarter’s plan calls for several buildings for light industrial manufacturing. Phase one involves building a 30,000-square-foot steel frame building south of East Highway 50 for McCarter’s business Custom Product Innovations and Custom Coating Innovations Company. That business is currently located at 30 Commerce Dr. in O’Fallon.

Additional phases may include the construction of five 80’ x 200’ industrial buildings east and south of the first two phases, and a 100’ x 100’ industrial building along East Highway 50.

You don’t need more proof than this that businesses have all sorts of reasons to invest where they do.

* This post, by the way, is not intended at all as a slam on McCarter the businessman. We need all the jobs we can get. Thanks for putting your money into this state, Senator.

Instead, it’s intended to show that heated Springfield rhetoric doesn’t always quite match up to reality.

  16 Comments      


AG Madigan blasts Blast as “binge in a can”

Thursday, Apr 21, 2011 - Posted by Rich Miller

* From a press release…

Attorney General Lisa Madigan sent a letter today to Pabst Brewing Company, based in Woodridge, Ill., urging the company to lessen the alcohol concentration in its new malt beverage marketed under the name Blast. Madigan is especially concerned over the product’s potential danger to minors.

“Alcohol abuse among young people is a serious and alarming epidemic,” Attorney General Madigan said. “A product like this only serves to glamorize alcohol abuse and promote binge drinking, threatening the safety of those consuming it.”

The Attorneys General’s letter, joined by 17 other state, city and territory officials, details concerns over Blast, which amounts to a “binge-in-a-can.” The 12-percent alcohol concentration of Blast means a single 23.5 ounce container is equivalent to drinking an entire six-pack of typical American beer. Madigan said the promotion and marketing of Blast appeals to minors, with its brightly colored cans and fruit flavors and a marketing campaign featuring hip-hop artist Snoop Dogg.

I do see the point about marketing to the younger crowd

Grape and Watermelon flavored brewskis are not my cup of, um, whatever. But are they for kids? Mike Riopell at the Daily Herald’s new politics blog got Pabst’s spokespeople to respond

Blast is only meant to be consumed by those above legal drinking age and does not contain caffeine. As with all Pabst products, our marketing efforts for Blast are focused on conveying the message of drinking responsibly. To that end, the alcohol content of Blast is clearly marked on its packaging, we are encouraging consumers to consider mixing Blast with other beverages or enjoy it over ice, and we are offering a special 7 ounce bottle for those who prefer a smaller quantity, among other important initiatives.

The alcohol content is “clearly marked” because that’s the big selling point. Drink one and you’re done. Although, the company might want to make sure minors aren’t posting on its FaceBook page if it wants to keep its rep clean. Either way, I still dunno whether the attorney general ought to be involved in this. Your thoughts?

  36 Comments      


Well, at least they’re consistent

Thursday, Apr 21, 2011 - Posted by Rich Miller

* Another year, another underwhelming State Fair grandstand lineup

Aug. 12 Jeff Dunham
Aug. 13 3 Doors Down
Aug. 14 Jason Aldean with Chris Young and Thompson Square
Aug. 15 Illinois Symphony Orchestra & Million Dollar Quartet
Aug. 16 Luke Bryan with Trailer Choir
Aug. 17 Oak Ridge Boys with Larry Gatlin & the Gatlin Brothers
Aug. 18 Allstar Weekend
Aug. 19 38 Special with Loverboy, April Wine and The Tubes
Aug. 20 MC Hammer & Boyz II Men
Aug. 21 Lady Antebellum with Stealing Angels

Yawn.

  67 Comments      


Priebus: Unions talk of collective bargaining rights “as if Moses brought them down from Mt. Sinai”

Thursday, Apr 21, 2011 - Posted by Rich Miller

* Reince Priebus, the head of the Republican National Committee, had some harsh words for organized labor during a Chicago appearance this week

Priebus cited Wisconsin Gov. Scott Walker’s challenge of public employee union collective bargaining rights and the expensive victory by a Republican incumbent in a Wisconsin Supreme Court race. Those battles framed the question of “what kind of America do we want to have,” Priebus said.

“Do we want a country of more people riding the wagon or more people driving the wagon?” Priebus said. “Do we want a country of makers or a country of takers?”

Public employee unions, Priebus said, “talk about this collective bargaining rights (issue) as if Moses brought them down from Mt. Sinai.”

* But Politifact took a look at a claim by Indiana Gov. Mitch Daniels that “in 41 states out of 50, [public employees] are better paid than the taxpayers who support them” and pronounced it false

Daniels’ message, that government workers are better paid than those in the private sector, traces to an egregiously simplistic comparison, ignoring meaningful differences in the public and private sector workforces largely due to education. Factoring those in, many state and local government workers lag behind their private-sector counterparts. We rate his statement False.

Go read the whole thing.

* Meanwhile, this is a big reason why the Senate Republicans have refused so far to put their budget proposal into actual bill form

Local leaders in Evanston and Skokie are telling state legislators to keep their hands off of municipalities’ share of the state income tax – saying the effects of such a revenue loss would be “devastating.”

According to the Illinois Municipal League, a proposal in Springfield would divert about $300 million in income tax revenue from local municipalities to help reduce the state’s budget deficit.

Skokie officials say the loss of income tax revenue would force the village to make “drastic reductions to essential village programs and services and dramatically increase local taxes.” […]

If the state were to cut $300 million from shared income tax revenue, local government’s could lose an additional $23.40 per resident, according to municipal league figures.

That proposal to cut $300 million from revenue sharing is in the Senate Republican plan. A bill would allow opposition to focus in on the sponsors, which wouldn’t be pleasant.

* Related…

* Millionaire Tax Didn’t Chase the Rich From New Jersey, Study Says: They found that the rate of out-migration among millionaires was in line with and rate of out-migration of submillionaires. The tax rate, they concluded, had no measurable impact.

* The free rides are almost over

* City alderman fights proposed municipal tax legislation: Ezard says the bill is probably connected to recent decreases in Local Government Distributive Fund payments.

* The prepaid 529 plan formerly known as safe

* Still flunking the basics

* Editorial: SACIS helps rape victims, deserves state funds

* Social Service Providers Bracing For Budget Cuts

* Advocates rally in Batavia for Fox Valley’s disabled

* South Loop group decries homeless cuts

* BNSF to add 87 railroad jobs in Galesburg this year - Railroad plans projects to improve traffic flow

* Poe to add election bill to larger measure: Local legislators didn’t take action on two high-profile bills before a deadline last week, leaving the future of the measures — designed to limit candidates in elections and barring state funding for improvements to Springfield’s Third Street rail corridor — in limbo.

* The Skepticism About Teachers’ Merit Pay

* Workman’s comp issues discussed at Quincy Area Action Council meeting

  32 Comments      


More registered voters than residents?

Thursday, Apr 21, 2011 - Posted by Rich Miller

* This may look worse than it might be. But still

More than 10 percent of Illinois’ 102 counties have more registered voters than residents who are old enough to vote, according to a new report.

The 14 counties, as well as the board governing elections in East St. Louis, have been notified of the problem by state election regulators after the release of new U.S. Census bureau population figures earlier this year.

Among counties grappling with the disparity is Alexander County, which has experienced voter fraud issues in the past. Numbers released by the Illinois State Board of Elections show there are 7,806 registered voters in a county that has just 6,353 residents age 18 or older.

Other counties facing similar circumstances include Hardin, Jasper, Massac, Mercer, Pulaski, Rock Island and Union.

Illinois has a ton of tiny counties, and pretty much all of those 14 fit that description except for Rock Island County, which is quite large. Rock Island apparently hasn’t done a purge since the last census, which could account for the problem. People move and don’t drop their prior registration, people die, etc. The state thinks there are more than 11,500 people in that county who have either moved or are dead. Still, that seems a bit weird that they’d have more registered voters there than people.

* Related…

* Meeks considers resigning from IL Senate

* Conservative Lipinski Draws Well-Funded Primary Challenger

* 2 suburban elections decided by coin flips

* Reminder: Map drawing rooms open to the public

* Redistricting Process Comes to Northern Suburbs

* Voters want politics out of legislative redistricting

* House Redistricting Hearings Underway Around State

  11 Comments      


*** UPDATED x1 - Unclear on the concept *** Bizarre gun guys

Thursday, Apr 21, 2011 - Posted by Rich Miller

*** UPDATE *** Sen. Ira Silverstein, who is Jewish, is not amused by Boch’s antics

“This is a poor analogy, a very poor analogy,” said Silverstein (D-Chicago), who is Jewish and represents numerous Holocaust survivors in his district that includes Rogers Park and Skokie. “It brings back horrible memories. To compare this to Lisa Madigan is totally absurd.

“It offended not only me but a lot of Jewish individuals and non-Jewish individuals who know the history of the Holocaust. [This group] should think before they print these things,” he said.

But Boch refused to back down…

“That image on the front of GunNews says a whole lot. The FOID card information that could be made public is identifying Illinois gun owners. It’s the first step toward what happened in Germany in the 1930s,” he said.

Boch criticized Silverstein, husband of newly elected North Side Ald. Debra Silverstein, for objecting to the analogy.

“What is offensive is people wielding the victimhood card against others and trying to intimidate others out of their First Amendment rights. Sen. Silverstein ought to be thanking us for our advocacy of his First and Second Amendment rights, not whining and crying that he feels offended,” Boch said. “He doesn’t have a copyright on Holocaust imagery.”

Boch truly is utterly, wholly clueless. He accuses a Jew of “playing the victimhood card” after Boch had the audacity to compare the attorney general to Hitler just because she responded to an Associated Press FOIA request in a way in which he didn’t approve? Boch predicted Madigan’s actions will lead to the genocide of gun owners, but it’s Silverstein who’s playing the victim for objecting? Mr. Boch, you’ve got it completely backwards. You are playing the victim here. And a hugely obnoxious one at that.

Silverstein has a right to be offended and to express his offense. Boch has a right to say what he wants, but if he’s going to be this ridiculous, then he should be called out for it.

On a more practical note, however, the NRA’s Todd Vandermyde had better muzzle his extremists before they tube his bill.

[ *** End Of Update *** ]

* Bernie Schoenburg has a column today about some truly weird people. Bernie is Jewish, and he was jarred when he saw an edition of GunNews distributed at the Statehouse with a front-page photo of a “a replica of the Jewish star-shaped patch, with the word ‘Jude’ in the center, that some Jews in Nazi-dominated Europe were forced to wear on their clothes.” The GunNews article was about Attorney General Lisa Madigan’s ruling that only the names of FOID card holders should be released to the public via the Freedom of Information Act.

John Boch publishes GunNews and runs Guns Save Life. You may have seen this group’s Burma Shave-style billboards along Illinois’ interstate highways. Boch defended the front page

[Boch] said release of names of FOID cardholders would harass and demonize them, just as Jews were in World War II.

“I don’t believe … that people of the Jewish faith have a monopoly on the symbols of the religion,” said Boch, a Christian.

“Given the opinions of those on the political left in our society,” he added, “frankly, I think a lot of people in our society would like to see gun owners either imprisoned or exterminated.”

Man, that’s some serious paranoia. Release of FOID card names would result in Nazi-style death camps? A lot of people want to see gun owners exterminated? What country does he think we live in?

And it gets even weirder…

[Boch] also referred me to one of his affiliated groups I hadn’t heard of — Jews for the Preservation of Firearms Ownership. A message of that group, according to its website, is how some governments historically have deprived people of firearms and then “wiped them from the face of the earth.”

Bob Meier, interim executive director, who splits time between Chicago and DeKalb, said he’s Lutheran

Um, the head of Jews for the Preservation of Firearms Ownership is a Lutheran? Really?

* Meanwhile, on a more serious note

A 2009 Illinois State Police report cited “significant information gaps” in the state’s ability to detect and screen out people with serious mental illnesses who might go on a shooting rampage. A state police official testified last week that those gaps still exist.

Illinois falls short in its reporting of psychiatric hospital admissions to the FBI as required by a federal law passed after the 2007 Virginia Tech shootings, according to the ISP report. Gaps also exist in reporting by health professionals and nursing homes of dangerous mentally ill people who should be disqualified from gun ownership under Illinois law.

Last week, Illinois State Police Firearms Bureau Chief John Coffman told lawmakers at a hearing that the reporting problems still exist and have caused him “some sleepless nights.”

“The concern is the name of a prohibited person would be found in a queue someplace after an event,” Coffman said in an official audio recording of the April 14 hearing provided to The Associated Press. “We are concerned about the existence of some gaps and the potential tragedy that could occur as a result.”

Richard Pearson of the Illinois State Rifle Association said the info gaps are small and said people were making “a mountain out of a molehill because they don’t want to have concealed carry in Illinois.”

Thoughts?

* Related…

* State Police can’t keep track of their stuff: An audit of the Illinois State Police released April 7 shows problems with inventory control, information security and more, but ISP says it lacks the resources to address some problems.

  70 Comments      


Question of the day

Thursday, Apr 21, 2011 - Posted by Rich Miller

* The setup

A new survey finds that an increasing number of Illinoisans are abandoning landline telephones in favor of cellphones only _ especially if they live near Chicago and St. Louis.

The report released Wednesday by the federal Centers for Disease Control and Prevention estimates that almost 30 percent of Cook County residents over age 18 live in wireless-only households. The estimate is even higher _ 31.5 percent _ in Madison and St. Clair counties.

In the rest of Illinois, an estimated 22 percent of adults live in households with only cellphones.

* The Question: Are you considering ditching your landline phone? Or, have you already done so? Why or why not?

  72 Comments      


Rutherford: Pass pension reform and let the courts sort it out

Wednesday, Apr 20, 2011 - Posted by Rich Miller

* Treasurer Dan Rutherford said the General Assembly should go ahead and pass pension reform, pushing people into 401(k)-style plans by using much higher pension contribution rates, and then let the courts decide whether it’s constitutional or not

“It should be litigated. For years and years, we’ve been, `Oh, it’s unconstitutional.’ Litigate it,” Rutherford said at a news conference. “Because until we do it, nobody is going to really know.”

A major union said the idea wouldn’t raise the same “constitutional red flags” as simply reducing benefits. Some government employees, such as university officials, already have that pension choice, said a spokesman for the American Federation of State, County and Municipal Employees.

But spokesman Anders Lindall said AFSCME opposes Rutherford’s proposal. He said it wouldn’t fix the state’s pension problems — particularly state government’s failure to contribute its full share of retirement costs over the years. […]

Lindall said several other states have given employees a choice but have seen “very low” participation in 401(k)-style plans.

Is the Treasurer right?

* Related…

* VIDEO: Rutherford on first 100 days

* Rutherford outlines his 100-day accomplishments

* State treasurer Rutherford ‘cautiously optimistic‘ about solving budget woes

* Treasurer offers support for short-term borrowing

* Pensions to be paid without borrowing, first time in two years

* Auditor General: State’s future has promise

* Editorial: Present? Yes. Jobs? Nah: Nice to see in the official record that Senate President John Cullerton was “present” as the state continues to chase away jobs. Congrats to his fellow Chicago Democrat, Sen. Kwame Raoul, for being “present” when reform that might have helped jump-start Illinois’ sluggish economy went down.

* Bill spurred by Bianchi legal costs: A bill under consideration in Springfield would help protect county governments like McHenry County where legal bills related to the special investigation of State’s Attorney Louis Bianchi total more than $300,000. House Bill 2558, which passed through the House last week, would allow the courts to hire other public prosecutors to keep costs manageable when a sitting public official is investigated and goes to trial. It also would require that the scope of a probe be well defined and that county boards be provided itemized cost estimates and bills.

* Rep. Sara Feigenholtz opposes state plan to restrict HIV/AIDS drugs access

* Illinois announces reduced access to HIV Medication Assistance, Effective July 1

* Human services agencies brace for big cuts

* Legislation would help pay for rides for disabled

* Comptroller’s office considers move

  66 Comments      


Question of the day

Wednesday, Apr 20, 2011 - Posted by Rich Miller

* Jeremy Rose of CorStrategies Tweets

At least someone in the media is pointing out how unfair the re-map process is

Rose links to this story from NBC5’s blog

This is the first time Illinois’ Democrats have controlled the entire state government during a redistricting year. That means they can draw the map any way they want, and there’s nothing the Republicans can do but whine about “extreme partisanship.” I’m sure they’d welcome proposals to reduce the number of Republicans to pre-Abraham Lincoln levels.

* And the Chicago Tribune recently editorialized about the remap process

The bad news is that Democrats control both houses of the legislature and the governor’s mansion, which means they can and will pass a map all by themselves. They aren’t going to listen to Republicans. We’ll know soon enough if they’re listening to the public.

* The Question: Is Illinois’ remap process unfair because Republicans are excluded? Take the poll and then explain your answer in comments, please.


* Related…

* Decline in West Side’s population could mean drop in political power

* Census: Illinois voter rolls have issues

* Redistricting should consider proximity, Latinos

* Lake County leaders call for status quo in remap

* Pat Brady: Don’t Let Legislators Pick Their Voters

  77 Comments      


Poll: When Midwesterners think of the Midwest, majority think of Illinois

Wednesday, Apr 20, 2011 - Posted by Rich Miller

* A new poll conducted by the Midwest Initiative at Monmouth College of 500 registered voters in eight Midwestern states found that when people are asked to identify which states they thought of when they heard the word “Midwest,” Illinois comes out on top…

Since there were 500 respondents, those 255 mentions of Illinois is a majority.

From the pollster

There is a weak correlation between state of residence and the states named, for the eight states from which respondents were drawn were listed by one hundred or more respondents as Midwestern.

If there is a pattern here, it is one of an absence of consensus and, at one level, a bit of confusion about the Midwest. The inclusion of Ohio and Michigan suggests that the Midwest still carries some identification with the historic “Old Northwest” of the Northwest Territories (Indiana, Illinois, Michigan, Minnesota, Ohio, and Wisconsin), though Iowa, so often thought of as the quintessential Midwestern state, finished second in the number of times named despite having only 5% of the total respondents.

* Another question asked what values respondents thought of when they heard the word “Midwest”…

* “All things considered, on a scale of 1-10 (with 1 being not satisfied at all and 10 being extremely satisfied), how satisfied are you to live in the Midwest?”…

About 75 percent rate their satisfaction at 6-10. Not bad at all.

* A bright outlook for the future…

* But Midwesterners really don’t like the way things are heading right now…

* And globalization and trade are not always viewed as positive things…


* Methodology…

Live calls to 500 registered voters in eight Midwestern states: Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio and Wisconsin. The random sample poll was conducted from March 23-24 and has a margin of error of +/- 4.4% at a 95% confidence level.

Thoughts?

  24 Comments      


If at first you don’t succeed…

Wednesday, Apr 20, 2011 - Posted by Rich Miller

* You just knew this had to be coming

An ex-lawmaker whose appointment to the state parole board ran into trouble amid Senate questions about a potential quid pro quo has landed a new state job.

Former Democratic Rep. Careen Gordon started Monday as an $84,000-a-year associate general counsel for the Illinois Department of Financial and Professional Regulation.

Gordon landed in the new post a month after resigning her spot on the Illinois Prisoner Review Board instead of facing a difficult Senate confirmation vote. Critics questioned whether Gov. Pat Quinn gave Gordon the nearly $86,000-a-year job as political payback for key vote in favor of a tax increase in January. […]

Sen. Matt Murphy, R-Palatine, said Quinn’s decision to hire Gordon again is a “slap in the face of everybody in the Senate who beat back this blatant pay-to-play.”

Quinn and Gordon have both denied any quid pro quo, and it’s highly doubtful anything was done in an illegal manner (the new US Supreme Court requires proof of a bribe, and that’s most certainly not the case here). But, a deal’s a deal, so Gordon was going to get a gig one way or another.

* And the Belleville News-Democrat may finally succeed in prying some info loose about workers’ comp, but it won’t get everything it wants

An opinion by the Illinois Attorney General calling for the release of results of medical testing on prison guards who filed successful workers’ compensation claims speaks of the public’s fundamental right to know how its money is spent.

Despite this broad language, this single decision announced Monday in response to a Belleville News-Democrat Freedom of Information request is limited. It cannot legally compel the state’s Central Management Services to release other basic records that relate to how taxpayer money is spent on workers’ compensation claims, said attorney general spokeswoman Natalie Bauer.

Bauer said that Central Management Services, or CMS, contends it can withhold virtually all financial and other records related to workers’ compensation based on a state law that allows “proprietary” information regarding the operation of an “insurance pool” to be off limits to the public.

Under this interpretation, no Illinois taxpayer can learn how tens of millions of dollars in taxes are spent by CMS, which manages claims for the Illinois Workers’ Compensation Commission, critics contend. For instance, the newspaper’s weeks-long effort to find out how much public money has been spent to treat workers’ compensation arbitrator Kathleen Hagan’s leg injury is still pending before the attorney general. CMS refused to provide this information.

* Related…

* Horse racing insiders say toughest year ahead for state tracks

* Duchossois optimistic about horseracing’s future

* Recreation at Rend Lake threatened by old plan

  31 Comments      


The company you keep

Wednesday, Apr 20, 2011 - Posted by Rich Miller

* Oh, this is rich. The Illinois Republican Party apparently thinks that Rod Blagojevich is a trustworthy source. Why else would the state party use Blagojevich to blast away at its favorite target, Speaker Madigan? Sheesh

As I’ve written time and time again, this goofy Blagojevich fantasy about appointing Lisa Madigan to the US Senate was an alibi, not a plan.

* Blagojevich trial roundup…

* Judge warns Blagojevich on media comments

* Former Blago lawyer: jurors pay attention to media coverage

* Jury foreperson: Defense put on a circus, prosecution confused us

* Blago holdout worries about next jury - With jury selection set to begin for retrial, panelist from first trial has no regrets

* Tactics shift in retrial of former Illinois Gov. Rod Blagojevich

* Blagojevich retrial begins with juror questionnaires

* Mixed Feelings for Blagojevich Retrial, None of Them Happy

* Opinion…

    * SJ-R Opinion: A different story this time around

    * Brown: I can’t deny it: I’ve missed ‘The Rod Show’

    * Pantagraph: Blagojevich retrial needed as a reminder

    * Marin: Ready or not, here’s Blago round 2

    * Cameron: Blago needs to convince jury he’s ‘goofy’

    * NW Herald: Blagojevich retrial must bring closure

* Meanwhile, I will give the state Republican Party credit for this quite amusing anti-Madigan video. Heh

  30 Comments      


Everbody OK?

Wednesday, Apr 20, 2011 - Posted by Rich Miller

* We had quite the storm system go through Illinois yesterday

High winds, pounding rain, lightning, and hail combined to cause widespread reports of damage throughout central Illinois.

WAND StormCenter 17 received numerous reports of damage in Decatur - ranging from downed trees to flooded streets.

In Springfield, WAND StormCenter 17 received a number of reports of downed power lines and sporadic damage throughout the city.

In Girard, at least seven homes were damaged.

A neighbor lost a tree last night. A crew is cutting it up into little pieces as I write this.

* Also in my neighborhood yesterday

A 35-year-old fugitive from Ohio was arrested after he allegedly abandoned a stolen vehicle and fled on foot into the woods near the University of Illinois Springfield on Tuesday afternoon.

The search for Alan J. Gordon prompted email alerts to UIS students and parents in the Ball-Chatham School District.

Gordon, who was taken into custody about an hour and a half after the search began, is accused of crashing the stolen car near a wooded area along the UIS soccer fields on the campus’ east side, according to Chief Deputy Jack Campbell of the Sangamon County Sheriff’s Office.

I didn’t even know it was going on.

Anyway, how did your neighborhood fare during yesterday’s storms?

  17 Comments      


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

Wednesday, Apr 20, 2011 - Posted by Rich Miller

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

Wednesday, Apr 20, 2011 - Posted by Rich Miller

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« NEWER POSTS PREVIOUS POSTS »
* Isabel’s afternoon roundup
* Pritzker says amount of threats received in past few days has been an 'enormous multiple' of those that were received in the days before
* Rep. Smith won't run for reelection
* Pritzker on political violence, impeachment, Nazis, National Guard, ICE shooting, Gov. Jim Edgar
* No end in sight
* RETAIL: The Largest Employer In Illinois
* Isabel’s morning briefing
* Good morning!
* SUBSCRIBERS ONLY - Supplement to today’s edition and a campaign update
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* Selected press releases (Live updates)
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* Porter McNeil (Updated and comments opened)
* Yesterday's stories

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