Question of the day
Tuesday, Apr 2, 2013 - Posted by Rich Miller
* Michael Cabonargi, a member of the Cook County Board of Review, is considering a Democratic bid for state treasurer.
Yeah, I know what you’re thinking. Michael who? What the heck? But he had almost $350K in the bank as of January 1st.
So, let’s welcome him to state politics, shall we? Here is Cabonargi with Lt. Gov. Sheila Simon…
* The Question: Caption?
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Fun with numbers
Tuesday, Apr 2, 2013 - Posted by Rich Miller
* Tribune editorial board…
Here’s a haunting statistic that we cannot repeat too often: Of all the school districts in the U.S., Chicago Public Schools has one of the longest waiting lists for admission to a charter school. There are 19,000 students on the list this year.
* Actual facts…
There’s just one problem with that number: it’s not accurate. It significantly overstates demand.
A WBEZ analysis found the 19,000 figure counts applications, not students, meaning if a student applies to four schools, he or she is counted four times. It includes kids who have turned down charter seats and are now enrolled in other schools.
Perhaps the most startling finding is that a significant chunk–about 3,000–are high school dropouts applying for alternative schools. What’s more, saying that 19,000 students are on waiting lists to get into charter schools ignores another figure: there are between 3,000 and 5,000 available seats in charter schools right now, according to charter advocates.
The waiting list number comes from a biennial report compiled by the Illinois State Board of Education in 2012. The figure is roughly calculated from a chart in that ISBE report that compares numbers for how many applications a charter school received with to the number of available seats. The numbers are from 2010-11, the most recent available.
But 19,000 applications is not the same as 19,000 students. [Emphasis added.]
* Tribune editorial board…
Last year, state lawmakers were forced to slash those services to save money. They limited prescription drugs coverage. They curbed or eliminated some surgeries, dental and podiatric treatments and mental health services. There was real pain for people who belonged on Medicaid in part because of … those who didn’t. Every dollar Illinois spends on an ineligible recipient is a dollar not available to care for low-income people who rely on this program to keep them healthy.
The pain is not over. Those Medicaid budget cuts are still a work in progress. Hamos says the state will fall $464 million short of the promised $1.6 billion.
I, too, cited Hamos’ $464 million last month and then received this e-mail from state Sen. Heather Steans, an approp committee chairperson…
I just wanted to let you know that while savings are behind in SMART Act, the FY12 Medicaid liability came in $395 million under estimates, which makes up much of the difference.
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* From a press release…
The Bruce Rauner Exploratory Committee announced today that it raised $1.3 million since its inception on March 5 and carried forward more than $1.2 million into the second quarter. The fundraising figures include a $249,000 contribution from Bruce Rauner.
The fundraising haul comes amidst a statewide Listening Tour that has already included 20 stops. Bruce has visited with voters in Cumberland, Coles, DuPage, Effingham, Mason, McDonough, Richland, Shelby, Tazewell, and Washington counties, and Elmhurst, South Holland and Winnetka.
“The folks I’m meeting as I travel the state understand Illinois needs a political outsider willing to take on the failed status quo in Springfield, and I’m excited by their response to my exploratory committee,” said Bruce Rauner. “The amount of support we’ve received in less than a month exceeds expectations and underscores the fact that Illinoisans are looking for someone to bring a fresh perspective to solving the challenges facing our state.”
Bruce’s next stops on the Listening Tour this week include Rockford, Rosemont, and Monroe County.
“The more time I spend discussing both the hopes and the concerns of people who want to see a better Illinois, the more convinced I am that our state’s future is bright,” Rauner said. “The fact is Illinois’ greatest resource is her people. Unfortunately, they have been let down time and again by the politicians in Springfield. It’s time for an outsider.”
That $249,000 contribution from Rauner means he is just $1,000 under the self-funding law. Another grand in the calendar year and all contribution caps are off for all gubernatorial candidates.
Also, I highly doubt that most of his high-dollar, often out-of-state contributors went to any of his Downstate listening tour stops. For instance…
Interestingly enough, Rauner has not yet reported that contribution from himself.
* He is doing well in comparison to the other candidates, however…
$ Raised (01/01/13-03/31/13)
Brady - $2,000
Dillard -$86,958.75
Rutherford - $202,759.00
Lisa Madigan - $14,250
Quinn - $60,500
TOTAL = $366,467.75
* In other Rauner-related news, the possible GOP candidate is running a Facebook ad of a choked chicken. I kid you not…
Do your very best to keep it clean in comments, please. Seriously. Let’s not demean ourselves just because his ad is goofy. Go ahead and snicker first, make the joke in your own head, then proceed to comment in a very clean fashion. Thanks.
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AFSCME prez says Quinn has “price to pay”
Tuesday, Apr 2, 2013 - Posted by Rich Miller
* National AFSCME President Lee Saunders lit into Gov. Pat Quinn again and promised retaliation…
He also chastised Democratic officeholders, including Illinois Gov. Pat Quinn and Philadelphia Mayor Michael Nutter, who have sought concessions by public workers such as pay cuts, higher health insurance premiums and lower pensions.
“It really does annoy me when we support candidates and after that election is over with, they have amnesia and they forget how they got there and who supported them, and they want to take us on rather than work with us to resolve problems,” Saunders said. “And when politicians do that, I think there should be a price to pay, and I think we need to be more aggressive in our approach in holding politicians accountable.”
He said a contract agreement was reached recently with the state of Illinois only after workers “put heat on the governor,” including staging protests at his public appearances.
So, was that a good contract or a bad contract? If it was a good contract, then that kinda undercuts his argument, no?
* Meanwhile, I didn’t see much new in this Sun-Times story about Lisa Madigan. Pat Brady and Don Rose obviously disagree about her candidacy…
“Honest to God, it is incomprehensible to me that you would have a speaker who is as powerful as he is and then have his daughter as governor,” said state Republican Party Chairman Pat Brady.
“It will be a big issue, it will be a national story, if that comes to pass. I cannot imagine the major donor community having the stomach for it. … What happened to checks and balances? On so many levels it is not good for the state — I believe. I think that’s a big, big issue that she’s going to have to address early.”
Rose said while the issue is a real one, he doubts it would gain enough traction to hurt Lisa Madigan’s run.
“The question would come up: Is this putting too much power into one family? It’ll affect the election, marginally, I think,” Rose said. “It’s not enough to defeat her by any means. It would probably be the only issue against her. Stacked up against the power of Mike’s organization and her own popularity, it would be a real issue, but it wouldn’t drag her down.”
“Have his daughter as governor,” is, to me anyway, borderline sexist. Brady is really gonna have to watch his mouth next year if she runs. Brady was full-on sexist about LMadigan in 2012, but almost nobody took notice because Brady couldn’t find a real opponent for the AG. That won’t be the case if Lisa runs for governor, however.
* And Bill Daley is apparently peeved that Lisa Madigan has been getting all the attention lately, so he penned an op-ed for the Tribune last week. But he said almost nothing new…
Like a lot of people across Illinois, I look at our state government and I am amazed at how dysfunctional it continues to be, year after year — same old political fights, same old bickering, nothing gets done.
I’d take him a whole lot more seriously if he formed a campaign committee.
* Related…
* Kwame Raoul: I will ramp up bid for Illinois Attorney General — if Lisa Madigan is out: Other possible contenders for the seat are Illinois Lt. Gov. Sheila Simon and Cook County Sheriff Tom Dart.
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Lang defends his bill
Tuesday, Apr 2, 2013 - Posted by Rich Miller
* Rep. Lou Lang has penned an op-ed in favor of his medical marijuana bill…
Under the proposed four-year pilot program, Illinois patients would be prohibited from growing their own marijuana and would be limited in the amount of marijuana they could receive. Qualified patients would have to receive certification from their own physician with whom they have a “bona fide” physician-patient relationship. The physician must attest that the patient is suffering from a specified illness or condition, defined in the legislation, and would receive therapeutic benefit with treatment. The patient’s medical history would be turned over to the Illinois Department of Public Health, which would issue the patient an ID card, only if it verifies the information. All patients and caregivers would have to submit to background checks and convicted felons would be prohibited from obtaining an ID card.
The ID card would allow the patient, or licensed caregiver, to purchase a limited amount per month from one of up to 60 state-licensed dispensaries, or medical cannabis outlets, dispersed throughout the state. It would also: limit a dispensary’s location to certain industrial and commercial zones; prohibit them near schools, playgrounds, parks, libraries, churches, and other dispensaries; regulate hours and security, equipping them with 24/7 surveillance cameras; and prohibit on-site medical consultations. The state would track sales to monitor who’s buying medical marijuana and how much and oversee how much marijuana physicians recommend to their patients.
Up to 22 competing state-licensed cultivation centers operating separately from the dispensaries would grow marijuana and distribute an affordable product to the dispensaries. These secure facilities would be monitored with 24/7 cameras and grow only a specific number of strains to ensure patient safety and quality that law enforcement could easily track and determine if it was prescribed for medical use. The state would require the cultivation centers to employ state-of-the-art testing methods to produce controlled quality-controlled marijuana and cultivated to most effectively treat specific illnesses. All products would be tested and labeled accordingly, listing the active ingredients and their amounts to ensure safe dosage.
* This is definitely not a California type law, which is very nearly de facto recreational use. The sorts of illnesses that medical marijuana can be prescribed to treat are very limited. The complete list…
(1) cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn’s disease, agitation of Alzheimer’s disease, cachexia/wasting syndrome, muscular dystrophy, severe fibromyalgia, spinal cord disease, including but not limited to arachnoiditis, Tarlov cysts, hydromyelia, syringomyelia, Rheumatoid arthritis, fibrous dysplasia, spinal cord injury, traumatic brain injury and post-concussion syndrome, Multiple Sclerosis, Arnold-Chiari malformation and Syringomyelia, Spinocerebellar Ataxia (SCA), Parkinson’s, Tourette’s, Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD (Complex Regional Pain Syndromes Type I), Causalgia, CRPS (Complex Regional Pain Syndromes Type II), Neurofibromatosis, Chronic Inflammatory Demyelinating Polyneuropathy, Sjogren’s syndrome, Lupus, Interstitial Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella syndrome, or the treatment of these conditions; or (2) any other debilitating medical condition or its treatment that is added by the Department of Public Health by rule as provided in Section 45.
Some might say that the bill is just too restrictive. I wouldn’t argue. But, as Democratic as Illinois is, it ain’t totally liberal. Baby steps are in order.
Whatever the case, absolutely nobody can truthfully say that Illinois will be another California or Colorado if this bill becomes a law. You won’t be able to just pop by some 420 friendly doc and tell him that you’re depressed and immediately get a quickie weed script. Not gonna happen.
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Sen. Kirk announces support for gay marriage
Tuesday, Apr 2, 2013 - Posted by Rich Miller
* Wow…
A second Republican senator has announced his support for gay marriage, with Sen. Mark Kirk (R-Ill.) joining Sen. Rob Portman (R-Ohio).
Kirk, who recently returned to the Senate after suffering a significant stroke, suggested in a statement that his near-death experience has changed his perspective.
* From Sen. Kirk’s blog…
When I climbed the Capitol steps in January, I promised myself that I would return to the Senate with an open mind and greater respect for others.
Same-sex couples should have the right to civil marriage. Our time on this Earth is limited, I know that better than most. Life comes down to who you love and who loves you back– government has no place in the middle.
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*** UPDATED x1 *** Going to market
Tuesday, Apr 2, 2013 - Posted by Rich Miller
*** UPDATE *** Despite all the hoopla during the past few months, Illinois got a pretty good price. From a press release…
The winning bid for the $450 million Series 2013 A tax-exempt bonds went to Bank of America Merrill Lynch with a bid of 3.92%. This bid is 68-to-145 basis points over the corresponding AAA-rated municipal index. This rate matches the 20-year-low rate of 3.92% that Illinois received on a $525 million in tax-exempt bonds in its last competitive sale January 11, 2012.
The winning bid for the $350 million Series 2013 B taxable bonds also went to Bank of America Merrill Lynch with a bid of 4.97%. This bid is 97-to-245 basis points over the corresponding U.S. Treasury rates. This is better than the 5.29% rate the Illinois received on its last offering of $275 million of taxable bonds, also on January 11, 2012.
Nine banks submitted bids on each offering Tuesday.
“While we are gratified by the attractive low all-in costs, the state continues to pay a significant penalty for its failure to address the shortfall in its pensions,” Illinois Director of Capital Markets John Sinsheimer said.
“Gov. Quinn has warned the General Assembly on many occasions that investors have told us we need to rein in our pension costs and that until we do, they would command a higher price for Illinois’ bonds,” Sinsheimer said. “Today’s rate is a direct result of the General Assembly’s failure so far to pass a pension reform bill. The good news is that members of the general assembly appear to be moving in that direction, passing several promising component bills in March.
“These bonds will help fund critical capital projects — roads, rails and schools — that might otherwise have to shut down. It will keep Illinoisans employed,” he said.
The state was advised by Public Resources Advisory Group with Mayer Brown and Burke, Burns and Pinelli as co-bond counsel.
[ *** End Of Update *** ]
* After a months-long delay, Illinois is about to sell a bunch of bonds…
With nearly $500 million in spring transportation projects planned, Illinois will sell $800 million of debt Tuesday with the hope that buyer demands for steeper interest rate penalties have softened after a two-month delay in the state’s first bond offering of the year.
The state will sell the general obligation bonds competitively through PARITY. Mayer Brown LLP and Burke Burns & Pinelli Ltd. are bond counsel and Public Resources Advisory Group is advising. Ahead of the sale, rating agencies affirmed the state’s ratings. The deal offers $450 million of tax-exempt paper and $350 million of taxable securities.
Proceeds will finance capital development, school building, and transportation projects included in the state’s ongoing $31 billion Illinois Jobs Now program. Gov. Pat Quinn announced $486 million in road and bridge projects last week. Capital fund coffers are running low. “Illinois has a world-class transportation system and we are making it even stronger by carrying out one of the largest spring construction programs ever,” Quinn said.
The deal comes after a series of downgrades due to the state’s massive unfunded pension obligations and bill backlog of up to $9 billion.
* And things are looking upbeat…
Buyers demand 1.3 percentage points of extra yield on 10-year debt from Illinois and its localities, close to the smallest since February 2011, data compiled by Bloomberg show.
That spread will be put to the test [today] when the state offers its first issue since Standard & Poor’s cut its rating to A-, six levels below AAA.
Friedland and Wendy Casetta at Wells Capital Management said the state’s 10-year general-obligations will probably price to yield about 1.5 percentage points more than AAA munis, about where they’re trading in the secondary market. Both said they would consider adding the debt.
“We don’t expect to see them go below A-,” said Casetta, who helps oversee $32 billion in munis for Wells Capital in Menomonee Falls, Wisconsin. “We’ve been big buyers of Illinois debt in the past, and we’ll continue to support the state, particularly now that they’re trying to do the right thing.”
Keep your fingers crossed, unless, of course, you’re one of those folks who’d like to see a major crash.
* Related…
* CTBA: The Illinois State Budgetand Tax Primer
* Wheeler: Legislature should work smart, not just hard, on the pension fix
* Downstate schools shorted in state funding, senators say
* Illinois seeking to hire more tax fraud investigators
* Bob Williams: Boeing serves as pension example for Illinois lawmakers
* Editorial: Fire insurance tax warrants review at state level
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MLB open thread
Tuesday, Apr 2, 2013 - Posted by Rich Miller
* I was at opening day at Sox Park yesterday for our 1-0 win. While the hitting could’ve been much better, obviously, I’ll take the win.
Baseball hope always springs eternal in April. So, let’s hear what you have to say about the upcoming season.
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Cleaning up the place
Tuesday, Apr 2, 2013 - Posted by Rich Miller
* One of the most overlooked provisions in Illinois’ video gaming law is that possessing old, basically unregulated poker machines at your bar or truck stop is now a felony…
A Heyworth bar owner faces felony charges for allegedly having illegal video gaming machines in the business — the first such case to be filed in McLean County since the state approved video gambling last year.
David Rehker, 54, was taken into custody Friday after agents with the Illinois Gaming Board and the McLean County Sheriff’s Department seized seven machines from Circle II Bar and Grill at 503 W. Cleveland St. He was released after posting $325 on a charge of possession of an illegal gambling device.
According to a prosecutor’s statement, an agent with the state liquor control commission saw the machines during an inspection Thursday and reported the alleged offense involving machines with reset buttons, which are illegal because they allow local operators to run an independent payout system. Agents returned Friday to investigate.
The old machines, which were pretty much everywhere, allowed the mob to profit. So, this video gaming law is probably the biggest hit to mob profits in decades. That’s a good thing.
* Meanwhile…
Governor Pat Quinn has already rejected several plans that would make way for five more casinos in Illinois. […]
But [a new version of a gambling package] also paves the way for Illinois residents to legally bet online. The legislation says “the Internet has become an integral part of everyday life” and that many Illinois residents already use the web to gamble using unlicensed, illegal sites. This would allow the state to regulate and profit.
Quinn isn’t sold.
QUINN: “I think that’s problematic. It’s a brand new idea and there hasn’t been much review on that at all. Anytime you have something brand new it shouldn’t just be thrown into a bill at the last minute.”
Discuss.
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An amateur blunder
Tuesday, Apr 2, 2013 - Posted by Rich Miller
* Possible Republican gubernatorial candidate Bruce Rauner has been assuring his bigtime donors that he has already done an opposition research project on himself, so no worries. He knows what’s coming. He can handle it.
Umm…
A suburban venture capitalist who is openly exploring a Republican primary bid for governor improperly claimed three homeowner exemptions for a number of years, a Daily Herald investigation has found.
After being notified of the error Wednesday afternoon, Bruce Rauner on Thursday paid Cook County $1,616 to cover the extra tax savings he received, spokesman Chip Englander said.
Englander described the situation as “an oversight that was corrected immediately.”
County records show Rauner claimed homestead exemptions on a Winnetka home, a Chicago penthouse and a condo on a separate floor but in the same building overlooking Millennium Park. He claimed primary exemptions on the Winnetka property and the Chicago penthouse from 2008 to 2011 and on the second Chicago unit in 2010 and 2011.
By law, Illinois residents can claim the exemption only on the property that is their primary residence, even if married couples are residing in different homes. The exemption reduces the amount of property taxes owed by lowering a property’s assessed value.
Lots of politicians have been dinged on this very issue for the past few years. It’s a mistake made by a ton of people and not terribly horrible.
But what is unforgivable is that this should have been caught months ago, before Rauner ever began “exploring” a gubernatorial bid. It’s an amateur mistake, but Rauner has assured everybody that, despite his lack of experience he plans to run a first rate campaign.
Not yet, he ain’t.
* Related…
* Bernard Schoenburg: Rep. Aaron Schock visits controversial leader in India
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A big thank you
Thursday, Mar 28, 2013 - Posted by Rich Miller
* I received this e-mail today from Lutheran Social Services of Illinois…
Rich,
I cannot thank you enough for lifting up the work of LSSI again in association with your birthday. So far you have raised $1,320!
Again, thanks for lending your support to our work. You know that many human service organizations across Illinois are experiencing extreme stress because of the continuing erosion of the state’s ability to fund services. Even large providers like LSSI—organizations that for years now have made significant adjustments to try to preserve vital human care services—have gotten perilously close to the brink.
At LSSI, we appreciate your personal commitment to us and your willingness to advocate for us among your followers. We also appreciate your professional awareness of the stress under which the whole human care delivery system in Illinois is laboring.
Daniel Schwick, M. Div.
Vice President for Church and Public Engagement
Lutheran Social Services of Illinois
That’s pretty good. Many, many thanks to all who donated. But I think we can do better. Click here and donate if you can. Thanks again!
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DON’T TAX SATELLITE TV!
Thursday, Mar 28, 2013 - Posted by Advertising Department
[The following is a paid advertisement.]
The satellite television industry serves a crucial role in connecting Illinois to the rest of the world with content that informs, entertains and educates – in many instances it’s the exclusive broadcast service provider available to Illinois homes. In addition, the satellite TV industry is an important economic driver creating hundreds of jobs in our state.
Facts About Satellite TV in Illinois:
• Serves 1.3 million households in Illinois (almost a third of homes that subscribe choose satellite)
• Employs over 790 people, plus more than 1,000 technicians at 481 local retailers
• Rural Illinois depends on satellite TV since cable does not often provide service to their area
• Satellite TV offers a wider range of foreign language programming in comparison to cable
Lawmakers continue to be prodded by the cable TV industry to place a NEW 5% monthly tax on satellite TV service. Previous versions of this discriminatory tax proposal have been defeated in Springfield—and similar bills are regularly defeated in other states including three times in neighboring Indiana, Iowa and Minnesota. This revenue generator needs to be clearly labeled what it is: An unfair tax increase on the 1.3 million Illinois families and businesses who subscribe to satellite TV.
TELL YOUR LAWMAKERS, “DON’T TAX SATELLITE TV!”
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Projecting the future
Wednesday, Mar 27, 2013 - Posted by Rich Miller
* From New York Times polling analyst Nate Silver…
In the past, we have sometimes considered the possibility that support for same-sex marriage is increasing at a faster rate than before. The data seems to suggest, however, that the increase in support has been reasonably steady since about 2004.
The national polling graph…
* And using a model based on polling and demographic analysis, Silver projects the future…
I assume that support for same-sex marriage will continue to increase by one and a half percentage points nationally per year, which reflects the recent historical trend from both polling and ballot-initiative data. (The way that the model is designed, support might be projected to increase slightly faster or slower than that in individual states based on the number of swing voters.) Thus, we can extrapolate the results forward from 2008 to 2012, and to future years like 2016 and 2020.
* Some of his projected support results for same sex marriage in ballot initiatives. Note Illinois…
Illinois doesn’t have binding ballot initiatives, of course, but you get the idea.
* Meanwhile, the Sun-Times looks at the prospects for the gay marriage bill…
While Illinois Speaker Michael Madigan said the legislation is 12 votes shy, quiet momentum continues to build among Illinois lawmakers – including Republicans – who believe now is the time to embrace the issue.
“The margin is smaller than what the Speaker had stated,” said one state legislative source who asked not to be named.
Several sources said a small group of Illinois Republicans are considering voting in favor of the bill, which would almost certainly give it the 60 votes needed to advance. “There’s some indication that there’s more than one Republican supporting this bill,” said one of the sources.
As I told you yesterday, Madigan overstated the margin. Right now, there’s only one Republican openly supporting the bill, Rep. Ron Sandack. There may be another out there, but so far, not much more than that.
* But GOP Chairman Pat Brady is standing firm…
“Whether you agree or disagree with particular Republican beliefs … we have to be gracious in a diversity of opinions,” Brady said. “I think that’s the way we can get more people to support our candidates.”
If Silver’s projections are even close to accurate, then Brady has made the right decision: Get on the bus before it runs you over.
But Brady is also giving the GOP cover in case the Republican House vote for gay marriage is as low as it was in the Senate, which is also pretty smart.
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DON’T TAX SATELLITE TV!
Wednesday, Mar 27, 2013 - Posted by Advertising Department
[The following is a paid advertisement.]
The satellite television industry serves a crucial role in connecting Illinois to the rest of the world with content that informs, entertains and educates – in many instances it’s the exclusive broadcast service provider available to Illinois homes. In addition, the satellite TV industry is an important economic driver creating hundreds of jobs in our state.
Facts About Satellite TV in Illinois:
• Serves 1.3 million households in Illinois (almost a third of homes that subscribe choose satellite)
• Employs over 790 people, plus more than 1,000 technicians at 481 local retailers
• Rural Illinois depends on satellite TV since cable does not often provide service to their area
• Satellite TV offers a wider range of foreign language programming in comparison to cable
Lawmakers continue to be prodded by the cable TV industry to place a NEW 5% monthly tax on satellite TV service. Previous versions of this discriminatory tax proposal have been defeated in Springfield—and similar bills are regularly defeated in other states including three times in neighboring Indiana, Iowa and Minnesota. This revenue generator needs to be clearly labeled what it is: An unfair tax increase on the 1.3 million Illinois families and businesses who subscribe to satellite TV.
TELL YOUR LAWMAKERS, “DON’T TAX SATELLITE TV!”
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* Donta Mosley, 20, was convicted in Cook County of two charges of aggravated unlawful use of a weapon. He had an uncased, loaded and immediately accessible gun without a valid FOID card. Not good.
But Cook County Judge Michael Brown recently declared the Aggravated UUW law unconstitutional and tossed out the felony charge against Mosley.
* Part of the problem for Mosley, as outlined by Brown, was that he was ineligible to obtain a FOID card. From the opinion…
Thus, an offender under the age of 21 cannot independently obtain an FOID card. An offender cannot compel his parent or guardian to consent to an FOlD card application. Further, even if consent would be availing, the status of the parent/guardian could prohibit the offender from obtaining the FOlD card. The FOID Act requires the parent/guardian, under pain of perjury, to claim they are themselves eligible for a card. Neither can the underage offender be held legally accountable for the failure of a third party to give consent to an FOlD card. See 720 ILCS 5/5-2.
15. Thus, first-time underage offenders subject to the non-probationable sentence provision under 720 ILCS 5/24-1.6(d)(2) face a juridical impossibility. Simply put, the FOlD Card Act prohibits 18-, 19-, and 20-year-olds from individually complying with the very law that prevents the imposition of a nonprobationable sentence.
16. Further, in this particular case according to the presentence investigation, the defendant’s parents had been incarcerated. They were legally prevented from providing the consent that defendant required to obtain a FOlD card.
17. In the court’s view, this juridical impossibility offends due process as enumerated in the United States Constitution, Fourteenth Amendment and Article I, Section 2 of the Constitution of the State of Illinois. For these reasons, the court finds 720 ILCS 5/24-1. 6(d)(2) to be unconstitutional.
* The judge also found an inherent contradiction in the UUW law…
Thus, a person carrying an uncased, loaded, immediately accessible weapon without a FOlD card can be charged and convicted under either statute, the misdemeanor UUW statute or the AGG UUW statute. The greater punishment required for a violation of the AGG UUW statute can only be justified under the proportionate penalties clause if the statute requires the State to prove different or additional elements to convict a defendant of AGG UUW; however, contrary to McGee, the statute makes no such requirement. The elements of the two offenses are identical. The AGG UUW statute is therefore unconstitutional under the proportionate penalties clause of the Illinois Constitution because it fails the identical elements test.
The full opinion is here. One of the better explanations I’ve seen in the online message boards is from a commenter who also posts here…
Imagine you had 2 Speeding laws. one said 30 MPH over you get a ticket and the other says felony and 1 year in jail. Same act, nothing else. just two state laws and is arbitrary which one the cop or prosecutors charge you with.
Which law did you break? If both, and they are both identical how can one be a simple ticket and the other a mandatory year in jail?
That is what he pointed out here. You have two laws and can be charged with either one, but very different penalties and no difference in why you get a Mis A or a Felony.
This is a lower court, so the opinion is not binding outside the case itself. But the UUW laws regarding public carry have already been declared federally unconstitutional by an appellate court, so the gun folks now have a little more ammo.
*** UPDATE *** Rep. Mike Zalewski (D-Riverside) saw today’s post and sent me a note..
Rich, I was made aware of the Mosley ruling last week. As it potentially affected one of my bills, I asked for an opinion from the Cook County State’s Attorney’s Office on Judge Brown’s ruling. Below is their Appeal’s chief’s response.
Thanks for letting me respond.
* The analysis…
The trial court in the Mosley case ruled that misdemeanor UUW and Aggravated UUW are the same offense with two different penalties, and can be charged either way at the sole discretion of the State’s Attorney. The obvious problem with this conclusion is that it is directly contrary to long-standing Illinois law. As the Illinois Appellate Court ruled over 10 years ago inPeople v. McGee, 341 Ill. App. 3d 1029, 1035 (1st Dist. 2003), when it specifically rejected an identical argument:
“[T]he aggravated UUW statute contains nine aggravating factors, at least one of which must be present for the felony charge to succeed. Of particular interest to this defendant are factors (A) and (C). That is, he was charged with carrying or possessing a weapon that was ‘uncased, loaded and immediately accessible,’ and with possessing or carrying concealed the firearm without having been issued a valid Firearm Owner’s Identification Card. Those factors are not required for the misdemeanor UUW offense. The misdemeanor does not require that the gun be loaded. Nor does it require that the defendant had not been issued a valid FOIC. Further, if the weapon is loaded and enclosed in a case, it does not come within aggravating factor A of the felony charge; it still may be charged as a misdemeanor, which excepts “unloaded and enclosed in a case” firearms. 720 ILCS 5/24-1 (a) (4) (iii)(West 2000).
We also note that none of the other seven aggravating factors’ is a required element of the misdemeanor offense. These aggravating factors thus narrow the universe of persons subject to felony penalties for UUW. In, short, the felony charge applies to more serious conduct. They are not the same.
We see no disproportionality here.” (emphasis added).
As McGee makes clear, Aggravated UUW is the appropriate charge when a person engages in the “more serious conduct” of possessing a loaded, uncased and immediately accessible firearm while in public, and when no currently valid FOID card has been issued. This is precisely what the trial court found that the State’s Attorney proved beyond a reasonable doubt. The trial court was bound to follow that decision and erred when it refused to.
Furthermore, McGee is entirely consistent with the concept that more serious conduct is punished more severely. Just as robbery is based on the same conduct as armed robbery, armed robbery is properly punished more harshly because it poses a greater risk to the public.
Aggravated UUW works the same way, when a person who does not possess an FOID card and has never even attempted to obtain one, carries a loaded, uncased and immediately accessible gun into a public park, he is not a law-abiding citizen and poses a greater risk to the people around him. He should be punished more severely.
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Explanations and theories
Wednesday, Mar 27, 2013 - Posted by Rich Miller
* I asked Bruce Rauner’s campaign spokesman just what the possible GOP gubernatorial candidate meant yesterday when he issued this press release…
Yesterday, Governor Pat Quinn announced his support for a guarantee of pension payments to be added to the overall pension reform bills. Bruce Rauner released the following statement:
“After years of continued mismanagement, Governor Quinn continues to reveal his true colors: a lackey to the government union bosses.
“Governor Quinn’s giveaway to government unions will only make our pension crisis worse. Because of years of bad deals and poor decisions in Springfield, we have $100 billion in unfunded pension liabilities.
“It’s clear that career politicians in Springfield don’t have the backbone to stand up to the union bosses they depend on for re-election and are willing to sacrifice Illinois taxpayers for their own political needs.”
* The reply…
It’s a bad idea for today’s governor and legislature to hold future governors and legislatures responsible for pension payments that ramp up without bold reforms.
* Then again, Rauner won’t say what “bold reforms” he wants. Daily Herald…
(W)e asked spokesman Chip Englander what [pension reform] plan Rauner does back. Perhaps one from state Rep. Tom Morrison, a Palatine Republican, that does not include the guarantee Quinn backs?
Englander took a broad swipe at the efforts at the Capitol. Then he said Rauner isn’t officially running yet, so he doesn’t have a plan yet.
“Springfield politicians don’t have the nerve, backbone, or fortitude to do what needs to be done. It’s going to take more than introducing a bill and leaving it up to legislators and bureaucrats. A governor who’s willing to put solving a major problem over their desire to be re-elected, be bold and facts-based, engage and educate the public, and charge forward is the likely prescription. None — I repeat — none of that exists in Springfield today. Should Bruce run for governor he’ll have a plan. But the right first step is listening and learning and that’s what he’s doing now. “
Um, yesterday’s press release didn’t sound like he was “learning.” It sounded like he was “teaching,” without saying much at all except that guaranteeing state payments is the worst idea ever.
* A longtime reader/subscriber mused yesterday in an e-mail about what he thinks is going on. He noted that the Chicago Tribune editorial board agrees with Rauner that pension benefits should not be guaranteed…
I think the Trib was singing Dan Biss’ glory because they thought his pension plan would pave the way for the tax hike going away.
But if you ask him, he will tell you the savings are not enough. His savings make the payments manageable going forward while diminishing the pain in the rest of the budget.
My guess is the Tribsters only recently learned that, at which point they were like, waiiiiittttt a minute. So the tax hike doesn’t go away with this?
Hmmmm … well what if we told lawmakers they shouldn’t be bound by those onerous pension payments?
I think they want to be able to say in a year or so that enough progress has been made that the mistake of a tax increase should roll back and they’re even willing to redo the ramp to make it happen.
I think Bruce is hopping on board in an effort to disrupt an actual solution and try to guarantee this continues until 2014 gov race.
Meanwhile, Bill Brady is smiling. He’ll campaign across downstate that the pension payments must be made and he’s the one willing to be honest with the hard working teachers and state workers.
* There are more nefarious theories out there. For instance, this one is from comments yesterday…
Rauner is parroting the Tillman/Proft talking points verbatim. Their attacks on the Nekritz-Biss-Cross bill were nearly entirely based on their opposition to requiring the state to make payments into the pension systems.
Why? Because they want the ability to not make pension payments in order to extract huge concessions from the unions. In short, they want to bust the unions by withholding the pension payments.
* And then there was this comment…
Business groups already condemned the guaranty provisions, which are patently absurd. They would delegate to courts the right to seize state cash in “reasonable” amounts, would be litigated forever if they aren’t voided for vagueness on their face. Skipping payments to the system has already been upheld as constitutional. Funding should be redirected to a sensible alternative system.
That last sentence “Funding should be redirected to a sensible alternative system” is the most interesting. This may very well have something to do with crashing the system and creating something new.
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Quote of the day
Wednesday, Mar 27, 2013 - Posted by Rich Miller
* From an interview of Lt. Gov. Sheila Simon, who announced earlier this year that she won’t be Gov. Pat Quinn’s running mate…
Will you vote for Gov. Quinn?
Sheila Simon: Way too early to say. We don’t even know who’s running for governor.
No respect.
* But it wasn’t all bad…
Why does Pat Quinn poll so badly? Jim Warren, writing in Chicago magazine, called him “the Rodney Dangerfield of Illinois politics.”
Sheila Simon: He is just what we needed; totally honest. This is a really challenging time for our state. Anyone who’s involved in government is not going to be particularly popular.
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Rauner wants to skip pension payments
Tuesday, Mar 26, 2013 - Posted by Rich Miller
* OK, well, that’s pretty much the only way to read Republican gubernatorial candidate Bruce Rauner’s latest press release.
First, though, this is what Gov. Pat Quinn actually said yesterday…
Illinois’ five pension systems are a combined $96.7 billion short of what’s needed to cover promised retirement benefits to current and former workers. Over the years, the state either shorted or skipped pension payments.
Quinn said that proposal should include a guarantee that Illinois will meet its annual required contribution.
“The state can never ever again not pay what it should pay every year to the pension account. That’s why we’re in this situation,” he told reporters in Chicago.
* Rauner’s press release…
Rauner Statement on Quinn “Pension Guarantee”
Chicago, IL – Yesterday, Governor Pat Quinn announced his support for a guarantee of pension payments to be added to the overall pension reform bills. Bruce Rauner released the following statement:
“After years of continued mismanagement, Governor Quinn continues to reveal his true colors: a lackey to the government union bosses.
“Governor Quinn’s giveaway to government unions will only make our pension crisis worse. Because of years of bad deals and poor decisions in Springfield, we have $100 billion in unfunded pension liabilities.
“It’s clear that career politicians in Springfield don’t have the backbone to stand up to the union bosses they depend on for re-election and are willing to sacrifice Illinois taxpayers for their own political needs.”
Guaranteeing that the state make its required payments to the pension systems by allowing people to sue if the state doesn’t hold up its end of the bargain is a “giveaway to government unions”? Are you freaking kidding me? After decades of the state not paying into the systems, now Rauner thinks that it’s a bad idea to fulfill the state’s responsibilities? And skipping payments will somehow lower the unfunded liability? Is he stupid?
Did he maybe think Quinn was talking about guaranteed payments to retirees? And if he did, what does that say about him?
What is Rauner really up to here?
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Question of the day
Tuesday, Mar 26, 2013 - Posted by Rich Miller
* My mom has been sending around childhood photos of me. In this one, my Uncle Denny is pulling me in a Kankakee Fire Department wagon, which I think may have been a Soap Box Derby entry….
* The Question: Caption?
Every snarky commenter should [but aren’t actually required to] also click here to donate to Lutheran Social Services of Illinois. I’m 51 today, so how about giving $51? Or $510 if you’re a big bucks type? Thanks!
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Today’s memo
Tuesday, Mar 26, 2013 - Posted by Rich Miller
* The Illinois State Rifle Association has instructed its members to crash yet another legislative forum, this one being held by Rep. Marty Moylan (D-Des Plaines)…
URGENT ALERT – YOUR ACTION NEEDED
GUN GRABBER REP. MARTY MOYLAN TO HOLD TOWN HALL MEETING
YOU NEED TO BE THERE
* The ISRA wants to make sure that Moylan gets “tough questions”…
Don’t let him hide behind words like “reasonable,” or “common sense.”
Yes, because reason and common sense are such un-American concepts.
55 Comments
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Durbin goes after Quinn again
Tuesday, Mar 26, 2013 - Posted by Rich Miller
* Sen. Dick Durbin said it again…
Durbin repeated what he said in Washington last week: that fellow Democrat Quinn’s political future depends on whether or not the state’s fiscal crisis is resolved.
“I believe this governor, any governor is going to be judged based on performance and the likelihood of Governor Quinn being re-nominated and re-elected depends to a great extent on his success in Springfield,” Durbin said in Chicago Monday.
Check out the response…
Later a spokeswoman for Quinn said, “No one has done more to achieve pension reform and shown more leadership than Governor Pat Quinn.”
Heh.
* Bobby Rush wasn’t happy with Durbin…
Chicago Congressman Bobby Rush chided those who would criticize Quinn’s performance.
“The pot can’t call the skillet ‘non-productive’ if it’s non-productive,” Rush said.
Good point.
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* A disorderly conduct charge has been filed against a Chicago man for a phone threat he made against a state legislator…
Wheaton Police Chief Mark Field said 49-year-old Stephen Bona was charged Friday, hours after Republican state Rep. Jeanne Ives reported getting a threatening voice mail at her district office.
“Your Tea Party brethren Sarah Palin put up a map that included the names, locations and faces of Democratic candidates and put them in the cross hairs of a gun,” a caller says on the voice mail, a recording of which Ives provided to the Daily Herald.
The caller goes on to suggest that “perhaps we should do the same for you. We know where you live.”
What Rep. Ives said the other day was absolutely ridiculous and she refuses to back off…
Ives has drawn heat for telling a Catholic Conference of Illinois radio show last month that same-sex marriages are “disordered.” and couples are trying to “weasel their way into acceptability.” […]
Monday, Ives said she didn’t regret her comments, noting “I know I speak for my district when I speak on that issue.”
“I knew exactly what I was saying when I said it,” she said.
But, really, I don’t care what she said then or now. Rep. Ives does not deserve to be physically threatened. Totally and thoroughly disgusting.
Watch your mouths in comments, folks.
*** UPDATE *** From a press release…
Charges Upgraded/Bond Set at $150,000 for Chicago Man Charged With Threatening State Representative
WHEATON - DuPage County State’s Attorney Robert B. Berlin announced today that bond has been set at $150,000 with 10% to apply for a Chicago man charged with making threatening phone calls to Illinois State Representative Jeanne Ives. Yesterday afternoon, Judge Michael Wolfe issued a $150,000 arrest warrant for Stephen S. Bona, 49 (d.o.b. 11/08/1963) of 903 W. Roscoe, Chicago. Bona was taken into custody late yesterday afternoon by the Wheaton Police Department. A short time later he posted bond and was released from custody.
It is alleged that on Friday, March 22, at approximately 9:42 a.m., Bona called the office of Representative Ives and left a threatening message. An investigation into the matter led to Bona who was charged with misdemeanor Disorderly Conduct. On March 25, following a second alleged phone call, the DuPage County State’s Attorney’s Office upgraded the charges to Threatening a Public Official, a Class 3 Felony.
“My office takes any threat or perceived threat against a public employee or elected official very seriously,” Berlin said. “For our government to function properly, it is imperative that public servants be allowed to serve without having to worry about their personal safety. I would like to thank the Wheaton Police Department for their fine work on this case as well as Assistant State’s Attorney Tim Diamond for his efforts.”
While probationable, a Class 3 Felony is punishable by up to five years in the Illinois Department of Corrections. Bona’s next court appearance is scheduled for April 29.
Members of the public are reminded that this complaint contains only charges and is not proof of the defendant’s guilt. A defendant is presumed innocent and is entitled to a fair trial in which it is the government’s burden to prove his or her guilt beyond a reasonable doubt.
Paul Darrah
Communications Manager
DuPage County State’s Attorney’s Office
[Emphasis added.]
Oy.
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* Blogging will be very light today. It’s my birthday, but a breakneck session schedule the past two weeks has meant that I fell behind on lots of personal and business errands that I just have to deal with. Plus, my daughter is coming for a visit. I see a few stories online that I want to talk about, but unless something big breaks, don’t expect much by way of the blog today.
The only reason I mentioned my birthday is because I’d like to encourage you to donate to Lutheran Social Services of Illinois. We started this last year and I decided I want to help them again this year. No party this time around, though. Just a link. Click here to give, please. Dig as deep as you can and report back in comments. Thanks!
* Meanwhile, the National Journal’s Hotline made me a “Friday Feature” last week…
Rich Miller runs the Capitol Fax newsletter, an IL politics newsletter/blog. He was born in Kankakee, IL and spent his early years on a farm in Iroquois Co. His mother was a Defense Dept. employee, which led the family to live in Utah and Germany. He later returned to IL, attended what was then Sangamon State University in Springfield (now the University of IL Springfield), worked construction, did telemarketing, sold knives and fire alarms. By 1990, Miller was working for Hannah Information Services, which gathered and disseminated legislative information for lobbyists in Springfield. He wrote a series for Hannah that year on the GOP’s inability to make a dent in state House Speaker Michael Madigan’s Dem majority. Miller wrote a series of pieces on GOP House Leader Lee Daniels. For Miller, the Daniels showdown convinced him there was a market for that kind of ground-level political reporting. In April 1993, he quit Hannah and started Capitol Fax. He initially charged $250 a year, grabbing customers through direct-mail marketing and sending the daily fax out himself. By October of that year, he had paid back the loan from his parents and bought a house. As the client base rose, he branched out with an Internet version of his newsletter. He moved to Chicago for a while, commuting to Springfield during legislative sessions. He pieced together a group of small newspapers to fund reporting trips to Kosovo (in 1999) and Baghdad (in 2003). Capitol Fax has subscribers throughout state gov’t including the General Assembly, large corporations media organizations and politicians. Today, he’s our Friday Feature!
Where’s your hometown?
I was born in Kankakee, but we moved around a lot growing up (Department of Defense parents), so I don’t really have a home town.
What were you like in high school?
A kinda/sorta bridge between the nerds and the jocks and the, um, partiers. I was eclectic and tried to have as many experiences as possible. Good grades, played in a rock band. Theater, wrestling. Party at the lake after lunch, college classes at night. Mime troupe, football. Also, I couldn’t wait to get outta there. I enjoyed high school, but I almost never look back with great fondness. Been to one reunion.
What’s your favorite story that you’ve had for Capitol Fax?
Rod’s [Blagojevich] arrest. Finally, somebody listened.
What does downtime look like to you?
Illinois never seems to stop, so I can’t ever completely shut down. I went to Miami a few years ago for a little winter R&R and Blagojevich appointed Roland Burris to the US Senate. Totally harshed my South Beach buzz.
How’d Capitol Fax start?
I was making almost no money doing something similar for somebody else, so I quit and went out on my own.
Favorite IL politician ever?
George Ryan, who’s from my hometown. We had the weirdest relationship. He wanted to love me because we were from the same small city. George loved everybody from Kankakee who wound up in Springfield. But that meant I was supposed to be on the team. I wasn’t, and he’d always get so angry at me over what I wrote about him. We had a real throw-down in Cuba at the ambassador’s mansion during a trade mission. Whew, that was something. His wife (may she rest in peace) even joined in. He was one of the most effective governors of my lifetime, but then there was that crookedness. His downfall was an all-around tragedy. Such a waste of talent.
Who do you look up to as a journalist?
Bob Novak. Yeah, he had his share of problems and whatnot. But he stomped on the terra, man, and helped set the DC agenda for years. He also had a private newsletter. He was my inspiration and a personal hero. One of my greatest regrets is that I never tried to meet him.
What’s something about IL that outsiders don’t get?
We don’t want nobody that nobody sent. Period. End of story. Go away.
Best pizza?
“Chicago style” pizza sucks. That being said, there are lots of great pie shops all over the state. My personal favorite these days is Gabatoni’s.
Most underreported story currently going on right now?
Down-ballot maneuvering ahead of the 2014 primary.
What’s your guilty pleasure TV and last good movie you saw?
If you weren’t running Capitol Fax, what would you be doing?
I’d probably be unemployed and homeless. I discovered a long time ago that I really can’t do anything else. My dream job used to be war correspondent. But I’d likely be dead by now.
In one sentence, your best advice to young, fresh-out-of-college journalists?
Go to law school, but if you absolutely insist upon a career in journalism, then work sales for a while because nothing trains you to get what you want from sources better than that.
Finish this sentence, today I …
Today I wasted way too much time trying to think of the last good movie I saw. I blogged a lot and, despite making several calls, I don’t yet have a good story for tomorrow. So it’s 4:51 pm and now I have to go out and find something to write about at tonight’s legislative cocktail receptions or I’m screwed because I spent too much time on this stuff that nobody cares about.
And, yes, next month will mark 20 years of Capitol Fax. There won’t be a big party. I’m saving that for the 25th anniversary. But I may do some more charity fundraising here.
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