Ken Dunkin roundup
Monday, Nov 16, 2015 - Posted by Rich Miller
* CBS 2…
The Democratic state lawmaker who thwarted House Speaker Michael Madigan’s plan to overrule Gov. Bruce Rauner on two crucial votes this week said he hopes his action helps bring more compromises in Springfield.
Rep. Ken Dunkin (D-Chicago) admitted he hasn’t spoken to Madigan in a while.
“I miss the speaker. He should call more often,” he said.
* A letter to the Sun-Times’ editor written by somebody from Gurnee…
With no budget, and the Hatfields and McCoys of Springfield in full attack mode, a politician finally has the guts to stand up to the almighty House Speaker and do the unthinkable: risk his political future by making a bi-partisan gesture to end the gridlock.
What does Rep. Ken Dunkin get for his efforts? A Democratic colleague throws his nameplate across the House floor to the side of the Republicans. And the president of a powerful union attacked him for using people as pawns.
Someone actually has the guts to stand up for what is right, to end the unfathomable gridlock we are in, to stand up to the most powerful man in Illinois saying “I don’t work for Madigan”, and this is what he gets? When you can’t get any respect for doing the right thing from your own party, nor from the media, nor the very people you are working for, something is wrong to the very core of our government. No wonder this state is so messed up. Here’s a slogan I would rally behind: Dunkin for Speaker.
But alas there is something else too broken to fix. The most powerful man in the state is still elected by a handful of residents. The speaker position should be a statewide elected position. The power of that office extends across the state from Antioch to Jacksonville; why shouldn’t all of our residents have a say in who wields the sword?
* Eric Zorn’s two cents…
The only thing that’s clear is that this rogue legislator has, in effect, for no obvious good reason, called Madigan out. And that if Madigan, who also serves as the state’s Democratic Party chairman, can’t respond to this insult by backing a successful challenge to Dunkin in the March primary, he’s in bigger trouble than he thinks.
* Dispatch-Argus editorial…
Instead of embracing the governor’s efforts, they called bills designed to embarrass him and his Republican legislative supporters. Fortunately, the bills fell one vote short In the House. That was thanks to Rep. Ken Dunkin, D-Chicago, who reportedly still is feeling the heat for his efforts to find common ground with Gov. Rauner.
But rather than damn his actions, his colleagues and their constituents should be following his lead. As Rep. Dunkin said last week, “Leaders are not talking with each other. They haven’t talked since May, as I understand it. That’s insane. And so they want to vilify me, for what?”
To win the political finger-pointing game, of course.
The crucial question is: Is it working?
With the governor’s wise moves and the majority’s cynical response, our hope is that legislative leaders may have lost the crucial public relations battle that obviously is playing the leading role in when and how a deal is reached and what it will contain.
* Listen to Dunkin interviewed on WVON by clicking here. However, be forewarned, there’s a bad word near the end.
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* We’ve crossed over into the surreal…
TO: Governor Bruce Rauner
Speaker of the House Michael J. Madigan
Senate President Cullerton
FROM: Jeffrey B. Ford, President, at the request of The Board of Directors of the Illinois Association of Problem-Solving Courts (ILAPSC)
RE: Effects of Budget Delay
DATE: November 12, 2015
We write to express our concerns about the effects which the delay in passing a state budget has on our membership and the clients they serve. The ILAPSC is a multi-disciplinary, statewide organization whose mission is to provide education, assistance, training and development through collaboration of behavioral health and justice systems. Our Board consists of four judges, one state’s attorney, one current and one retired public defender, two TASC directors, four members of court services, three directors of Problem-Solving Courts in their counties, one drug court coordinator, one representative from NAMI, a county mental health board director and one mental health court graduate. Geographically we are from as far north as McHenry and Winnebago Counties, as far west as Rock Island and Madison Counties, as far east as Cook and Champaign Counties and as far south as Marion and Wabash Counties. Our recent conference was attended by 483 people with even more diversity in occupations and geography than our board.
Currently, the State of Illinois has 62 Drug Courts, 25 Mental Health Courts, 18 Veterans Courts and 2 DUI Courts. Each Problem-Solving Court partners with the social service agencies in their area to provide the treatment and social support that each defendant needs to succeed. The Problem-Solving Court Team, including appropriate professionals from local service agencies, works out an individual treatment plan for each defendant. Most of these agencies depend on state funding for many of the services they provide.
It is important to note that we make no statement regarding the politics and policy differences involved in the budget delay. We understand that you are working diligently to try to resolve these differences. However, while this process continues, important aspects of daily life in Illinois are threatened. The work of each of Illinois’ Problem-Solving Courts (PSCs) is to help our citizens avoid incarceration by monitoring their progress while they receive treatment, counseling and other services. Research has shown that if the correct population is targeted by PSCs, these Courts can save money and reduce recidivism. By funding the services necessary to continue the work of Illinois’ PSCs, we become, as a state, smart on crime.
Unfortunately, because of the delay in passing a State budget, many of these agencies are being forced to cut services, lay off staff, close intake and even, in some cases, close their doors altogether. Many are expending their cash reserves to continue to provide the services their clients need while others are forced to take out lines of credit. Because banks will only offer lines of credit if they are assured they will be honored, the current budget delay calls into question the social service agencies’ ability to repay those loans.
The Governor has a stated goal of reducing the prison population by 25% over the next ten years, and has appointed a commission to recommend ways to make this happen. We applaud this effort. But the Commission’s own Initial Report notes, “Alternatives to incarceration, as well as efforts to reduce recidivism, will require a focus on community treatment programs, particularly those involving substance abuse and mental health.” The report also states that over the past several years funding for state mental health and substance abuse treatment has been declining. The report was issued July 1 of this year, well before the lack of a state budget reduced that funding even further.
Without the financial support of a full and comprehensive budget, Illinois’ PSCs cannot do their job. Instead of saving money and reducing crime, the current situation will (1) increase costs associated with crime (including costs to victims, the costs of the justice system and the costs of incarceration), (2) increase the number of children involved in the juvenile justice and foster care systems and (3) some of our citizens will continue to sink further into addiction and mental illness.
As State leaders, we call upon you to redouble your efforts to bring an end to the budget delay, work together to repair the damage done and strive to bind up the State’s wounds caused by this delay so that all the citizens of Illinois can go on with their lives.
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Question of the day
Monday, Nov 16, 2015 - Posted by Rich Miller
* From the twitters this morning…
* A text from a pal…
Madigan’s City Club speech was sold out 5 minutes after going on sale. Is he the new Taylor Swift?
* An e-mail from another pal shortly before noon…
Tickets sold out in 5 minutes…
It took Donald Trump 11 minutes…..
Waiting list almost 1,000
* The Question: Topics that Speaker Madigan should probably avoid during his City Club address?
Snark is heavily encouraged, of course.
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*** UPDATE 1 *** From a Republican member of the working group…
“These represent items that a bipartisan, bicameral group of independent legislators said ‘Here are some things to get the conversation started.’”
So, just to be clear, not everybody in the working group agrees with all of these things, and as I told subscribers weeks ago, the governor and some Republicans wanted more reforms before agreeing to any new revenues.
*** UPDATE 2 *** OK, so from what I’m told, the Democrats presented the Republicans with these items, but they were rejected by the governor and the GOP as being “not enough reform” for the amount of revenue involved.
[ *** End Of Updates *** ]
* As I told you in the previous post, the IllinoisGO “mega deal” list looked very similar to me as the proposals from a bipartisan group of legislators which ended up going nowhere when the governor turned thumbs down. Here is that list…
Spending and budget reforms
1. $36B FY16 spending level – below the General Assembly budget passed in May – with reductions in group health, transfers & discretionary spending this year and over $900m additional operational reductions in FY17
2. Pay off bill backlog over 5 years
3. Make full pension payments
4. Ensure childcare, community care and other social service programs are funded
5. Provide stability and certainty for at least 5 years
6. Enact an emergency reserve fund
7. Eliminate future rolling of bills
Revenue
1. Pass a revenue plan that provides $3B in FY16 and grows to $5B
2. Broaden sales tax base to cover services similar to Wisconsin
3. Tax retirement income over $50,000
4. Increase personal income tax rate to 4.5%
5. Expand the Earned Income Tax Credit (EITC) 50%
6. Raise corporate income tax rate to 6.75%
7. Eliminate 3 corp. tax credits (domestic production, noncombination rule and offshore drilling) & make R&D credit permanent
8. Eliminate corp. franchise tax and lower LLC fees
9. Recouple inheritance tax with the federal government
10. Repeal E-10 subsidy (ethanol)
Capital Plan
1. Develop a capital program to fund much needed water, sewer, road, public transit, school and other public infrastructure needs.
2. Create a vehicle miles travelled pilot
3. Apply any road portion to local roads as well as state roads w/criteria for accessing state dollars
Substantive Reforms
Local control
1. Allow (but not require) all school districts to bargain over 3rd party contracting, layoffs, class size, school year & technology (like CPS)
2. Enable school districts to enter into 3rd party contracts
3. Modify arbitration selection process
4. Make contracts subject to appropriation
5. Enable a “reset” for healthcare & prohibit employers from awarding plans that would impose the “Cadillac tax”
6. Broaden local preference for Project Labor Agreements and ensure PLAs apply to construction only (not maintenance) projects
7. Set $150,000 threshold for prevailing wage (PW), enabling diversity in participation, and clarify homes in TIF districts are not subject to PW
8. Allow municipalities to form health care co-ops
9. Create disincentive for schools to pickup employee share of pension costs
Property tax freeze/education funding reform
1. Enact a 2 year property tax freeze excluding public safety
2. Establish pension parity for CPS w/sunset & alter CPS pension ramp
3. Sunset General State Aid formula 6/1/17 and create a stakeholder committee to propose new formula by 12/31/16 and identify needed $ to prevent any district from losing.
Business/regulatory reforms
1. Implement substantive Workers compensation reforms
2. Modify Unemployment insurance to alter the def’n of misconduct, eliminate the social security offset, & extend “speed bumps”
3. Raise the minimum wage to $11 over time (Lightford bill)
4. Mandate reporting from contractors on minority workforce participation
Pension reform
1. Establish a tier 3 cash balance plan
2. Fix Tier 2 to link salary cap to social security wage base
3. Address pension spiking
4. Modify police and fire pension ramp schedules
Keep in mind that this was a bipartisan working group. Some Democrats are obviously willing to go much further with labor union-related reforms than House Speaker Michael Madigan will admit.
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IllinoisGO floats mega deal
Monday, Nov 16, 2015 - Posted by Rich Miller
* Greg Hinz…
A top political operative with ties on both sides of the aisle is shopping a big-picture compromise plan to resolve Illinois’ budget war, and while it includes something to offend almost every interest group, its author says it’s received at least some positive feedback from Springfield powers.
The plan comes from Greg Goldner, a former campaign manager for ex-Mayor Richard M. Daley and then-Congressman Rahm Emanuel whom some in Springfield nonetheless consider a front for GOP Gov. Bruce Rauner, even though he now runs the well-funded Democratic group Illinoisans for Growth and Opportunity.
The proposal, quietly discussed with political leaders in recent days, calls for an increase in the state income tax, extension of the sales tax to cover more services and a tax on some form of retirement income. […]
I won’t be surprised if Madigan balks, particularly since the speaker has personally accused Goldner of preparing to field candidates against Democrats in the upcoming primary.
Goldner denies doing that, at least so far. “We have not recruited candidates—to date,” he put it.
It’s not a horrible plan (from what I can gather, the revenue stuff looks very much like a bipartisan proposal by mostly female legislators which went nowhere when the governor turned thumbs down), but it has the worst possible supporter considering the times. Despite what Goldner claims about his candidate recruitment, he might as well just let Ken Dunkin sponsor his bill. Sheesh.
* Most of the dot points…
INCREASE REVENUES, CUT SPENDING & LIMIT GROWTH […]
• Increase the Personal Income Tax. +$3.3B/YR Increasing the personal income tax rate to 4.75% from the current level of 3.75% would generate roughly $3.3 billion in additional net revenue per year. Assuming passage of a bill before the end of the taxable year, this tax should be applied retroactively from July 1, 2015, for FY 2016. While the Civic Federation recommends 4.25%, given the massive scale of the problems for FY 2016 due to the failure to pass a budget, this rate would be insufficient at this time. [Center for Tax and Budget Accountability, 9/09/15]
• Increase the Earned Income Tax Credit to Offset Broad Tax Increases. -$136M/YR To offset the regressive impact of higher income tax rates and a broader sales tax on low income residents, the state should gradually increase its Earned Income Tax Credit to 15% of the federal amount by FY 2018 from the current 10%. Using the estimated FY 2016 federal EITC of $2.7 billion, increasing the state EITC by five percentage points would cost approximately $136 million in addition to the current credit.
• Increase the Corporate Income Tax to 5.75%. +350M/YR Increasing the corporate tax from its current 5.25% to 5.75% would bring in an additional $350 million a year. The tax should be applied retroactively from July 1, 2015, for FY 2016.
• Maintain the Local Distributive Share Rate at 8% (Personal) and 9.14% (Corporate) After the Tax Increases. -$296M/YR Keep the portion of the state personal income tax for local governments at 8% and the corporate income tax at 9.14%, the current allocations through the Local Government Distributive Fund (LGDF), after the tax increases. In 2011, the local distributive share was held constant, despite the income tax increase. The City of Chicago estimated that it would have received more than $400 million in total additional revenues if local governments had not been excluded from sharing in increased income tax revenues from 2011 until 2015. Under a 4.75% tax rate, preserving this 8% and 9.14% shares for local governments would generate an additional $296 million for local governments beyond current levels.
• Eliminate Corporate Loopholes. +$400M/YR Limiting EDGE tax credits, eliminating tax breaks for companies investing out of state by decoupling Illinois’s exemption from the federal domestic production deduction, taxing income held offshore as domestic income, taxing companies in Illinois for offshore drilling, and closing accounting loopholes like requiring combined reporting would generate $400 million a year.
• Expand the Sales Tax to Consumer Services. +$2.1B/YR Illinois ranks last among the 45 states that levy a sales tax on services in the number of service industries it taxes. Expanding the sales tax base to include consumer services - while continuing to exclude professional and business-to-business services - would generate nearly $2.1 billion more. This would also increase funding to local governments by an additional $529 million, as 1.25% of the purchase price collected is distributed to local governments. B2B transactions are excluded because they encourage “tax pyramiding,” while only six of 45 states tax any professional services, as it is complicated and cumbersome to do so.
• Immediately Cut $1 Billion from Expenditures. -$1.7B While Moody’s recommends $1.7 billion of expenditure cuts for FY 2016, less than half the $3.7 billion of savings in the governor’s proposed budget that were not related to employee benefit reductions, $1 billion is more practical immediate goal. Cuts should hold harmless education funding and funding for human service providers, which was not funded through a mandatory appropriation or court order, and thus have already been subject to massive cuts, the failure to receive due payments, and uncertainty for FY 2016.
• Restrict Discretionary Spending Growth. +$260M/YR The state should restrict discretionary spending growth from the 2.7% level shown in its three-year projections to 2.0%, closer to the rate of inflation. This could reduce total state spending by $1.3 billion over five years. Funding for K-12 education should not be subject to mandatory cuts.
• License Chicago to Operate a Casino. +$200M/YR The state should license the City of Chicago to operate its own casino, with proceeds earmarked to pay for City pensions. The casino would also generate $200 million in gambling taxes for the state.
INVEST IN EDUCATION […]
• Increase State K-12 Education Funding With Revenues from a Retirement Tax and Commit to Reforms. Numerous studies have ranked Illinois last, or nearly last nationally in state education funding. According to statistics compiled by the National Education Association, in 2013-2014 the average portion received from the state to fund K-12 schools was 46.4%, whereas Illinois provided only 19.6% of total funding. The U.S. Census reports that on average, U.S. states provide $5,650 per student on education, while Illinois provides only $5,021. Increasing education funding from the state by $1.05 billion from a retirement tax would not even put Illinois as “middle of the pack,” but is a good start.
• Tax Some Retirement Income to Benefit K-12 Education. $1.05B/YR (revenue neutral) Illinois is one of only five states with an income tax that does not tax any retirement income. This tax base would also expand over time at a higher rate than regular income. Eliminating the full deduction for retirement income on a graduated basis for adjusted gross incomes over $50,000 would raise $1.05 billion in new revenue at a 4.75% income tax rate, while protecting low and fixed income seniors. The whole of this tax should go to education.
• Reform Education Funding to Make the System Fair. Illinois has the most unfair school funding system in the nation, with students living in poverty receiving nearly twenty percent less than more affluent students. A single, fair, and need-based funding formula should replace the current opaque and complex system, which has not updated since 1997. A bipartisan committee will study how best to develop a new system for school funding for two years, while at the end of those two years, the existing and outdated GSA formula would be abolished.
• Provide Relief for Chicago Public Schools and Create School District Mandate Parity. -$200M/YR over 2 YRS Require the state to pick up the $200 million annual “normal costs” of Chicago teachers’ pensions for two years, at which time the state-wide education funding reform process will consider the future treatment of Chicago Teacher’s Pension Fund. School districts comprise approximately 60 percent of an Illinois property tax bill. In addition to increasing public support for schools, all districts should be given the relief from mandates that the City of Chicago has been given, to achieve savings for taxpayers and improve outcomes for children. Repealing the statute that severely restricts third-party contracting and providing schools relief from other unfunded mandates will free up additional resources to invest in the classroom.
IMPROVE GOVERNMENT OPERATIONS AND INSTITUTE REFORMS […]
• Pass the Cullerton Pension Reform Plan. +$1B/YR State workers should choose between two options: keep the 3% annual compounded interest on cost-of-living adjustments (COLAs) and give up the ability to count pay raises toward pensions or continue counting salary increases toward pensions and take a decreased, non-compounded COLA. This will generate an estimated $1 billion in savings a year. [Chicago Tribune, 5/13/15]
• Study the Consolidation of Local Pension Funds. Because state law requires municipalities of 5,000+ residents to create employee pension funds, Illinois has more than 600 individual, locally-controlled pension funds for cops and firefighters outside the city of Chicago. Consolidating these funds across Illinois can save money on administrative costs, similar to the way municipal workers’ retirements are structured. [WBEZ, 5/12/14; CGFA Report, January 2013; Msall, Chicago Tribune, 9/17/15]
• Create a Realistic Repayment Timeline for the State’s Five Pension Funds. For years, state legislators borrowed against what was owed to the pension systems to subsidize operating expenses. This practice became law and established a “Pension Ramp” that provided for an “incredibly back loaded repayment schedule, which grew in unattainable, unaffordable annual increments.” The current repayment schedule, arbitrarily established by Springfield, is unsustainable and unaffordable. While borrowing and pension holidays in part created this mess and are not the answer, the state must create a new, realistic repayment timeline as it is obligated by the Constitution to pay for its pension commitment. There are excess revenues in this plan that should be devoted to appropriate legacy pension debt payment, as determined by legislative action. [Center for Tax and Budget Accountability, 9/09/15]
• Create a Realistic Repayment Timeline for Fire and Police Pension Funds Across Illinois. Locally controlled police and fire pension payment schedules were also arbitrarily dictated by the General Assembly, including the City of Chicago and Cook County. Legislators should reconsider these schedules, as in the bill passed by the General Assembly this session that deferred from 2040 to 2055 the date by which the police and fire funds must have at least 90 percent of the assets needed to pay promised retirement benefits.
• Increase the State’s Minimum Wage. Increase the state minimum wage to $11 an hour by 2019. The minimum wage would increase to $9 immediately, with the wage go up by 50 cents annually until it hits $11 in 2019.
• Reform Workers Compensation in a Bipartisan Manner. -$300M/YR The Illinois workers compensation system ranks the seventh most expensive in the country by the Oregon Department of Consumer and Business Services study, indicating the need for further reform. To control costs, the state should look at tighter causation definitions and applying the rates of reimbursement recommended by the AMA. Reform would save the state roughly $300 million per year on its own expenses. […]
• Reform the Collective Bargaining Scope for Public Employees. The state should reform our collective bargaining laws, allowing units of government to curb rising public employee costs by limiting collective bargaining for specific personnel issues, including health benefits and work rules.
Discuss.
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* Gov. Bruce Rauner…
“Our nation and our state have a shared history of providing safe haven for those displaced by conflict, but the news surrounding the Paris terror attacks reminds us of the all-too-real security threats facing America. We must find a way to balance our tradition as a state welcoming of refugees while ensuring the safety and security of our citizens. Therefore, the state of Illinois will temporarily suspend accepting new Syrian refugees and consider all of our legal options pending a full review of our country’s acceptance and security processes by the U.S. Department of Homeland Security.”
On the one hand, I can see the worry about terrorists slipping in with the refugees.
On the other hand, however, those refugees are leaving Syria to flee those very same terrorists.
Ugh.
…Adding… We’re not talking big numbers. From September…
So far in 2015, 94 refugees from Syria have been resettled in Illinois, 62 of them in Chicago, according to data from the Refugee Processing Center, operated by the U.S. State Department. That’s about three times the placements in all of last year, with 24 Syrian refugees resettled in Illinois, 18 of which were in Chicago. Those numbers, though, don’t include Syrians seeking asylum, a separate process.
…Adding More… According to CBS, other Republican governors have done the same, including in Indiana, Michigan and Alabama.
…Adding Still More… A state by state look is here.
*** UPDATE 1 *** I just had a long conversation with someone in the administration. I think people on both sides should probably stand down. The key word here is “temporarily.” They just want to pause this while they get some more assurances from the federal government about who is being brought in, what their backgrounds really are, etc.
Also, they’re very sensitive to the fact that some of these refugees are Christians fleeing radical Islamic tyranny - which some of the far right commenters here and elsewhere should probably try to consider.
Again, it’s a pause, not a full stop.
…Adding… TPM…
To be clear, states still retain the power to deny their own resources to the federal government, so they could potentially make settlement of refugees more difficult than it would be if the states cooperated. Nevertheless, an act of Congress — the Refugee Act of 1980 — has given Obama broad discretion to allow refugees to be admitted into the United States.
And that’s what we’re looking at here - state IDHS resources.
*** UPDATE 2 *** Sen. Mark Kirk vs. Congressman Tammy Duckworth in Crain’s…
“The Director of National Intelligence James Clapper and FBI Director James Comey have cautioned that terrorist infiltration of Syrian refugees is possible based on our limited ability (to) screen all Syrian refugees,” Kirk said in a statement. “No refugee related to the Syrian crisis should be admitted to the United States unless the (Obama) administration can guarantee, with 100 percent assurance, that they are not members, supporters or sympathizers of ISIS.” […]
“We should differentiate between the refugee crisis and those who do the work of ISIS,” [Duckworth] told reporters, noting that her northwest suburban district now is home to 700 refugees. U.S. security personnel know what they are doing, she continued, noting that 20 percent of them are children. “If we don’t deal with the refugee crisis, some of those kids will grow up to be terrorists,” she said.
Duckworth said she “could not imagine” taking her infant daughter, Abigail, packing up their things, and walking across the country to a dingy in the ocean “because that’s safer” than staying home.
“We are better than that as a nation,” she said, noting that she’s supported a plan to allow up to 200,000 to come to America. “We should keep the refugees.”
*** UPDATE 3 *** US Senate candidate Andrea Zopp…
“I believe that this is a humanitarian crisis, and we can’t turn our back on our values. With over a decade of experience in law enforcement, I know better than most that we need to do the proper background checks, but banning Syrian refugees from Illinois makes no sense. This is another example of Governor Rauner ignoring those in need.”
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What could possibly go wrong?
Monday, Nov 16, 2015 - Posted by Rich Miller
* From the Southern…
In a growing number of cash-strapped Southern Illinois counties, state’s attorney’s offices are entering into contracts with third-party debt collectors to encourage payment of alleged delinquent court fines and fees – sometimes for violations that occurred decades ago.
Alexander County, facing $1.6 million in debt, is the latest to enter into a contract with Credit Collection Partners, which has told the county they could be owed in the neighborhood of $2 million in unpaid court fines and fees dating back to at least 1986, and even further back in some cases.
Since early 2013, that Taylorville-based agency has taken on debt collection services for more than 40 Illinois counties, including in this region, in addition to Alexander: Perry, Johnson, Saline, Franklin, White, Gallatin, Wayne, Edwards, Wabash, Hamilton and Marion counties.
Company representatives defend the practice, and the 30 percent fee they charge as allowed under Illinois law, saying they are helping counties collect money owed to the taxpayer from people who have refused to pay legitimate fines and fees assessed by the court for their offenses, be they traffic, misdemeanors or felonies.
But others are questioning the appropriateness of this company and others collecting debts, on behalf of counties, that are decades old – up to 40 years old in some cases. In the court system, statutes of limitations on civil and criminal proceedings exist for a variety of reasons, including that failure to charge or sue someone within a prescribed time makes it too difficult for the person to defend themselves against stale evidence and failing memories, in addition to a general fairness issue.
Can you imagine trying to prove you’d paid a fine decades ago? At least one woman just went through that with a southern Illinois county. Go read the rest.
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*** UPDATE *** Take a look at the newly highlighted text below. A bone of contention in this suit is a workers’ comp claim filed by Stephanie Yencer-Price. Ms. Yencer-Price was one of the plaintiffs in the landmark Harris v. Quinn case.
Yep, she didn’t want to pay union dues, but now the union is fighting for her right to file a workers’ comp claim.
Seems fair. /snark
* Also, an attorney for the workers just called and asked a valid question: If the state isn’t on the hook for these workers comp claims, then who is? The folks who qualify for these attendants are generally poor and disabled. It’s not like they can pay the claim.
So, what happens when an attendant is injured and can no longer work?
It’s the emergency room and welfare, apparently.
[ *** End Of Update *** ]
* Illinois Policy Institute…
[On November 13th] the Illinois Department of Central Management Services (CMS) filed a lawsuit against Illinois Attorney General Lisa Madigan alleging she is refusing to discharge her duty to properly defend the state against certain workers compensation claims.
The complaint, styled Tyrell v. Madigan, is linked here. The lawsuit was brought in the name of Tom Tyrell in his capacity as Director of CMS. It pertains to home care workers called “personal assistants.” […]
The central assertion is that Madigan is refusing to put up an obvious and easily supported defense on behalf of taxpayers — that personal assistants are not employees of the state. CMS recites, in the complaint, a list of reasons to support its position, including the recent United States Supreme Court Decision in Harris v. Quinn. That decision, as CMS describes in the complaint, held that personal assistants are private sector employees for all purposes except collective bargaining over wages.
“In addition to refusing to perform her personal, professional and constitutional duties in accordance with law,” the complaint says, Madigan has refused requests by CMS for appointment of a special assistant attorney general to properly defend the claims.
The lawsuit asks the court, essentially, to throw Madigan off the case and appoint a special assistant attorney general to do the job.
…Adding… I’m told that AG Madigan was on the other side of this issue before Gov. Rauner took office.
…Adding More… From CMS…
Hi Rich,
I saw your post and wanted to flag that during previous Administrations, the AG took the view that the personal assistants are not state workers. Here is some info on background on the case:
Tom L. Tyrrell, CMS Director v. Lisa Madigan, Illinois Attorney General
Tom Tyrrell, in his official capacity as CMS Director, administers the Workers’ Compensation program for state employees in the State of Illinois. The Attorney General is preventing him from denying the workers comp claim of a personal assistant who has acknowledged that she is not a state employee and a Sangamon County court has previously ruled was not a state employee.
Personal Assistants are hired by individuals, not by the State, to provide in-home care. One such Personal Assistant, Stephanie Yencer-Price was allegedly injured while performing services to her employer. She then filed a claim for Workers’ Compensation benefits.
Yencer-Price was one of the plaintiffs in the class action lawsuit that reached the Supreme Court and where Yencer-Price argued and the Supreme Court decided in the Harris v. Quinn decision on 6/30/14 that Yencer-Price and other personal assistants are not state employees.
On July 18, 2014, an attorney in the Attorney General’s Office, Amy Oxley, sent an email in response to a worker’s compensation claim by another personal assistant that the Attorney General’s Office would dispute all such claims because of the Supreme Court ruling “that indicates that Personal Assistants, like the petitioner, are not employees of the State of Illinois.”
On July 28, 2014, the Workers Compensation Bureau Chief in the Attorney General’s Office, Jill Ottee, sent an emails directing that all attorneys file Motions to Dismiss in each of their personal assistant cases because the Supreme Court had ruled that personal assistants are not state employees.
On August 6, 2014, Assistant Attorney General Amy Oxley filed a motion to dismiss in Yencer-Price’s workers’ compensation case and stated that the Supreme Court had “analyzed the same factors and evidence that the Commission reviewed in past cases involving personal assistants and determined that as a matter of law, personal assistants are employees of the customers and are private employees” (emphasis in brief). She added “the Supreme Court’s legal determination of the employment status of personal assistants is now controlling authority on the issue.”
On January 20, 2015, in a separate subrogation case pending in Sangamon County involving Yencer-Price, Assistant Attorney General Kmett reversed course and said they were withdrawing their motion to dismiss in the workers’ compensation case because they had “determined” that the Supreme Court ruling in Harris does not “apply to whether or not personal assistants were employees for workers’ compensation purposes.”
On April 20, 2015, the Sangamon County Circuit Court rejected the Attorney General’s argument in the subrogation case and found that “there was no employer/employee relationship between the State of Illinois and Ms. Stephanie Yencer-Price on the date of the accident.” The Attorney General did not file an appeal.
CMS directed the Attorney General to assert this defense in Yencer-Price’s pending Workers’ Compensation case or requested if the AG would not assert such a defense, that they allow CMS to retain its own outside counsel. On August 24, 2015, the Assistant Attorney General refused to allow CMS to be separately represented and refused to raise the defense in Yencer-Price’s case.
On November 3, 2015, Assistant Attorney General Oxley sent an e-mail to CMS saying that Yencer-Price’s workers compensation hearing had been requested and further stated that “the Office of the Attorney General will not be raising the defense of no employer/employee relationship at trial.”
CMS, therefore, was compelled to file this lawsuit against the Attorney General seeking to have its own representation so that it can assert this defense that has previously been recognized against this very same personal assistant.
In analyzing this issue, CMS and Director Tyrrell consulted numerous legal sources, all of which clearly support the determination that Personal Assistants are not employees of the State. Among these sources are (1) the United States Supreme Court decision in Harris v. Quinn, in which the Court explained that Illinois Personal Assistants are not state employees for purposes of Workers’ Compensation program; (2) recent decisions from Illinois courts confirming that Personal Assistants are not state employees; (3) the Attorney General’s own successful arguments in prior cases that Personal Assistants are not state employees; and (4) numerous statutory and administrative references confirming the same. The overwhelming weight of authority place beyond doubt the correctness of CMS and Director Tyrrell’s determination.
Pointing to the obvious ethical conflict that would make it impossible for the Attorney General to serve as CMS’s lawyer before the Commission, CMS requested that the Commission appoint separate counsel to represent CMS before the Commission. This is standard practice in cases when the Attorney General has an ethical conflict that makes it impossible for her to render adequate representation to her client. The Attorney General opposed the request to appoint separate counsel for CMS, insisting that the Attorney General be allowed to represent CMS even though she is refusing to defend CMS’s decision to deny benefits to the Personal Assistant.
By filing this lawsuit, Director Tyrrell is asking for nothing more than what appellate courts in Illinois have already agreed is a government official’s right in cases of clear conflicts with the Attorney General. Just earlier this year, the Fifth District appellate court, relying on precedent from the First District court of appeals, concluded that the Comptroller may speak in court through her own counsel in a case where the Attorney General refused to represent the Comptroller’s position. Director Tyrrell is only asking for the ability to articulate to the Commission how and why he reached the conclusion that the Personal Assistant’s claim for Workers’ Compensation benefits should be denied because she is not an employee of the State of Illinois.
What Director Tyrrell cannot do is stand idly by while the Attorney General is misrepresenting his interest in court. That is especially here, where the Attorney General’s position would mean paying out Workers’ Compensation benefits in situations where the State is not the responsible party. Illinois taxpayers cannot afford to spend money the State does not have on claims that the State is not legally obligated to pay.
Please don’t hesitate to reach out if you have any questions.
Best regards,
Meredith Krantz
Deputy Director & Public Information Officer
Illinois Office of Communication and Information
Department of Central Management Services
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Today’s number: 48 percent
Monday, Nov 16, 2015 - Posted by Rich Miller
* Tim Landis at the SJ-R…
An annual telecommunications update from the Illinois Commerce Commission this summer found that 48 percent of state households relied on wireless-only service at the end of 2014, continuing a decades-long trend that has continued to accelerate. Landline use dropped nearly 36 percent from 2005 to 2014 to approximately 5 million, even when Internet- and cable-based service was included.
In contrast, the ICC estimates that there are nearly 13 million wireless subscribers in Illinois.
The number of POTS lines — the regulatory acronym for “plain old telephone service” — in AT&T territory is dropping by 1,000 a day, according to company estimates. The state’s other major carrier, Verizon Communications, sold its Illinois landlines in 2010 to Frontier Communications. The Federal Communications Commission in August set consumer notification guidelines for carriers planning to end traditional copper-line service. […]
Illinois’ switching is ahead of the nation, according to the CDC, which reported that 41 percent of households nationwide were wireless-only last year. […]
AT&T estimates that only 18 percent of Illinois customers remain on dial-up lines. The company also is pushing for Illinois to join 17 of 21 states in AT&T territory that have authorized telecommunications companies to phase out the old networks once the FCC sets rules for the process. […]
“Those individuals that have traditional landlines have them for a reason,” said Julie Vahling, associate state director for AARP Illinois. “They may live in an area that has poor cellphone coverage, or they may have a medical condition, and they want that reliability.
Thoughts?
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* My Crain’s Chicago Business column…
Political campaigns are, by necessity, winner take all. Somebody wins, somebody loses.
But nobody ever “wins” everything when governing. It’s a constant series of compromises. And very often when you try too hard to win, you end up losing.
Exelon is a prime example.
Last spring, the Chicago-based energy company, which owns six nuclear power plants in Illinois, swooped into the Statehouse, hired a bunch of Springfield lobbyists and unveiled shiny new legislation.
Exelon claimed that several of its nuke plants were unprofitable and that it would have to shut them down soon, so it proposed a large, consumer-financed $300 million subsidy program for low-carbon sources of electricity, like wind, solar and—nuclear.
But as Steve Daniels wrote in Crain’s back in March, “The bill’s language is so restrictive on which sources could bid for the cash that Exelon’s nukes are virtually certain to get the lion’s share.”
In other words, Exelon wins, everybody else loses.
The non-nuke alternative-energy folks had their own, far more inclusive bill, but Exelon refused to cut a deal—right up until the end of the spring legislative session, when the company was told it would have to wait.
Then on Nov. 7, Daniels wrote about how Exelon’s nuclear plants were suddenly profitable or at least projected to break even.
If the company hadn’t tried to win at the expense of everyone else, it might have consumer subsidies right now. Exelon got greedy and blew it.
Until not that long ago, I would’ve said that Gov. Bruce Rauner was making the same mistake.
Go read the rest before commenting, please. Thanks.
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State money has nothing to do with this
Monday, Nov 16, 2015 - Posted by Rich Miller
* From the Galesburg Register-Mail…
As a result of the state budget crisis, adults will soon have no place to prepare for the GED exams.
On Jan. 1, Carl Sandburg College will suspend its adult education, English as a second language and literacy programs, as these programs are funded by grants that are tied up in Springfield.
“We’re the sole provider, so they’re not going to be able to go anywhere else for coursework,” Sandburg President Lori Sundberg said.
Sandburg is still a testing site for the GED.
Most other community colleges have suspended or will be suspending their adult education courses, Sundberg said, so students are left with nowhere to turn.
Sandburg offers two adult education courses that prepare students for their High School Equivalency certificate — adult secondary education, which used to be known as GED, and adult basic education, which used to be known as pre-GED.
“We haven’t taken any new students since October since we knew that we were going to be suspending,” Sundberg said. “We made a commitment to finish out all the students that we had, but we didn’t take any new students.”
The adult education program is federal money which for whatever reason didn’t get included in the federal appropriations package several weeks ago.
And as I’ve already told subscribers, there’s a bipartisan bill designed to fix this particular problem. HB 4321 is backed by the governor, but hasn’t yet moved out of the House Rules Committee.
This situation is just ridiculous.
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* The good news…
Thousands of people with mental illnesses have been barred from owning guns in Illinois in recent years under measures put in place amid a wave of deadly mass shootings across the country.
* The truly bad news…
But the Illinois State Police weren’t tracking whether they reported what [the mentally ill] did with their guns [after they were declared ineligible to own them] — a requirement under the law. The agency began to do so only weeks ago — after being asked by Sun-Times reporters why it wasn’t already doing that.
The laws also allowed for the seizure of those guns.
But that seldom happens, records show. The state police say local police are in a better position to do that. Local police, in turn, point the finger right back at them.
As a result — despite laws that have been called among the nation’s best at flagging people who shouldn’t be allowed to own guns because of mental illness — authorities say they don’t know how many of them remain armed. […]
“We can’t just go in to somebody’s house and take their guns” [said Hoffman Estates Sgt. Kasia Cawley]/
Actually, under the law, they can. The local police can seek a warrant to search the homes of people who haven’t reported the whereabouts of their guns after having their FOID cards revoked. They can then seize any guns they find.
Pardon the expression, but this is insane. Go read the whole thing.
* And I’m not saying that this incident is a direct consequence of police inaction, but it’s worth a look…
A 28-year-old woman apparently shot herself in the head late Sunday after she opened fire and critically wounded a father and daughter in a southwest suburban Bridgeview home, police said.
Neighbors called police at 11:32 p.m. when they saw a person dressed in black, carrying a gun and walking around the house in the 7200 block of South Roberts Road, according to Bridgeview Police Chief Walter Klimek. The person, who was thought to be a woman, then entered the house and the neighbors reported that they heard gunfire.
Officers responded to the home and looked through a window to see a person lying in a pool of blood in the kitchen, Klimek said. The 5th District SWAT unit, which is comprised of members from police departments from the 5th District Circuit Court area, was then called to the scene.
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* Today’s is Faisal Khan’s last day as the city council’s inspector general. He’s going out with a bang…
FBI agents seized a trove of investigative documents, computers and files from legislative inspector general Faisal Khan’s office on Friday, its last day overseeing Chicago elected officials.
“We received a subpoena of the FBI to take custody of our files and our computers with the understanding [that] we are working with them on a number of investigations,” Khan told POLITICO on Sunday. “In order to protect the integrity of these cases, we had to take the extraordinary step to make sure they don’t end up in the wrong hands.”
Khan said some of the officials he investigated were “devoid of ethical morals and values.” […]
While trashed by aldermen, investigators were routinely meeting with the U.S. attorney’s office, the Department of Treasury and other federal entities, sources tell POLITICO. At least three cases that originated with the office have evolved into full-blown federal grand jury investigations, sources say. And at least three aldermen are undergoing scrutiny and have hired attorneys.
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Your (now rare) “right to work” roundup
Monday, Nov 16, 2015 - Posted by Rich Miller
* Bernie…
In what struck me as an interesting use of advertising dollars, the Illinois Policy Institute recently ran radio ads in Springfield saying that Illinois should become a right-to-work state.
“In right-to-work states, workers decide for themselves whether to financially support a union,” states an ad playing recently on WTAX-AM 1240. “And union executives work for members, not the other way around.”
“Michigan and Indiana workers have seen their incomes rise faster than Illinoisans’ since their states enacted right to work,” the ad states, and there are many other statistics presented about great times in right-to-work states versus Illinois.
Why interesting? Well, even Republican Rauner wanted Illinois to go only to a system of right-to-work zones as he traveled the state extensively after taking office. And now he’s dropped that demand from his “turnaround agenda,” though other aspects of his plan, such as allowing local governments to decide whether they will bargain collectively with their employees, still would erode some union rights.
KRISTINA RASMUSSEN, executive vice president of the policy institute, said both Indiana and Michigan “have seen a manufacturing boom since going right-to-work,” with personal incomes increasing. “Meanwhile, Illinois has been losing factory jobs.”
Discuss.
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Tables turned on Madigan
Monday, Nov 16, 2015 - Posted by Rich Miller
* My weekly syndicated newspaper column…
“He seems so done with it all,” said one top Republican earlier last week about House Republican Leader Jim Durkin. “He hates this,” said a close Durkin pal not long afterward.
The overtime session’s constant battles with the House Democrats and super-strict marching orders from Governor Bruce Rauner were wearing Durkin down, said some folks who know him. “This summer was pretty nasty,” he admitted to reporters last week.
But that changed by Tuesday. Asked to describe the progress of the previous few days on a scale of one to 10, a cheery Durkin replied, “Eight, nine, 10.” He seemed back on his game.
Meanwhile, House Speaker Michael Madigan clearly had a very bad week.
Madigan, who has long been considered the most successful Democratic politician in Illinois history, had hoped to finally knock down Rauner’s solid GOP legislative wall on Tuesday and force House Republicans to defy their governor by voting to rescind Rauner’s slashing of the state’s child-care program and social services for the elderly and disabled.
But the rug was pulled out from under Madigan. With the approval of Democratic Senate President John Cullerton, some Democratic legislators cut a deal with the governor to restore funding to those programs in exchange for killing the legislation. Madigan’s bills went nowhere.
So instead of a defeated Durkin, we saw an angry Madigan. And while the speaker was obviously upset at one of his own members – Representative Ken Dunkin – for working with Rauner and killing the bills in the House by refusing to vote, Madigan was also said to be pretty steamed about a possible conspiracy involving Rauner, Cullerton, and Chicago Mayor Rahm Emanuel.
A top Madigan ally pointed to the personal relationship between Rauner and Emanuel, the number of contributors to Emanuel’s campaign who also gave to Rauner’s, and the allegedly Democratic IllinoisGO PAC, which was founded earlier this year to promote “pro-growth” Democratic policies but looks to many like a Rauner front group.
The source also highlighted Emanuel’s ties to IllinoisGO’s top consultant, Greg Goldner of Resolute Consulting – whom Madigan called out by name during a press conference earlier this year for using the same rhetoric as Rauner in his PAC’s mailers targeting Madigan’s members. The Madigan people say the PAC is backing 15 candidates against House Democrats, although people who know better than I can find no actual evidence of this.
And it’s no secret that Emanuel lives in Cullerton’s district, and that the two men are close.
That’s a lot of paranoia for one day, but, man, were they ever upset.
The mayor’s people flatly denied that they had anything to do with Madigan being triangulated by Rauner and Cullerton. Yes, Emanuel canceled a scheduled city-council hearing on the funding crisis at the child-care program, which was designed to put even more pressure on Rauner. But that was done because Rauner had asked that they show a little good faith after Emanuel spent a solid week attacking the governor in the media.
As for Goldner, they said, he’s a Mayor Daley guy and isn’t really an Emanuel guy. “Greg has been out of favor with the mayor and his team for a long time,” insisted one longtime Emanuel insider last week.
And they insisted that there’s no way they’re involved with Democratic primaries against any of Madigan’s members. They know that Madigan would declare all-out war on them, and they ain’t suicidal.
And Cullerton was probably just doing what Cullerton always does; the man truly loves making deals.
Rauner had threatened to sit for two months on the bill to fix the child-care program if it was sent to his desk and then veto it in January, which would’ve undoubtedly put hundreds of smaller child-care providers out of business in the meantime. A deal with Cullerton’s blessing made sure those providers stayed afloat, and it was backed by the provider community.
The legislative bottom line is that Madigan has been thwarted at pretty much every turn by Rauner. The overtime session has succeeded at collapsing the governor’s poll numbers, but Madigan hasn’t been able to take advantage of that in his own chamber, with his own super-majority.
The one thing that Madigan hates above anything else is showing weakness. He most definitely didn’t look strong last week. He’s simply not accustomed to that. His next move should be fascinating.
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Leaders’ meeting postponed
Saturday, Nov 14, 2015 - Posted by Rich Miller
* Speaker Madigan’s father-in-law passed away this past week so he announced that he couldn’t participate in the November 18th leaders’ meeting because he needed to attend the funeral. The governor’s office has decided to postpone the meeting until December 1st…
Hi, Rich -
Out of respect for the Speaker’s family obligations and to help facilitate the attendance of all four legislative leaders, we are rescheduling the meeting as outlined yesterday for December 1 in Springfield. Our thoughts and prayers are with the Speaker and his family at this time.
Best,
ck
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* Pretty much expected…
November 13, 2015
Dear Speaker Madigan, Leader Durkin, President Cullerton and Leader Radogno:
I am writing to follow-up on our upcoming meeting scheduled for November 18th at 8:30 AM.
Each of us brings strong and passionate views to this meeting related to the structural reforms needed to turn around Illinois and the spending/revenue levels needed to balance the budget. The people of Illinois deserve to hear our negotiating positions in a dignified and respectful manner — uninterrupted and unfiltered. At the same time, I acknowledge the bipartisan concerns we’ve received about allowing this meeting to become political theater rather than constructive negotiation.
Therefore, I propose the following agenda and format:
• We convene the meeting in the Governor’s Office in Springfield. For approximately the first hour of the meeting, we will have a pool camera deliver a live feed to media outlets around the state. I will make brief opening remarks to welcome everyone and explain the format.
• At that point, we will allot 10 minutes for each leader to make his or her case to the people of Illinois — uninterrupted and unfiltered. While you can discuss any issues you’d like, I suggest it may be most productive for each leader to use their 10 minutes on the issues about which they feel most passionately: Speaker Madigan, balancing the budget with specific additional taxes/revenue details; Leader Durkin, the need for reform before revenue; President Cullerton, overall spending levels, pension reform and Chicago’s financial crisis; Leader Radogno, economic reforms to improve the jobs climate like workers’ compensation reform; and I will focus on term limits, redistricting reform and local control of costs and property taxes. Again, these are only suggested topics.
• After all of us have had the opportunity to deliver our 10 minutes of remarks to the people of Illinois, we will ask the pool camera to leave so we can continue with constructive negotiations in private.
• When the meeting has adjourned, the opportunity for media availability for any and all participants will take place outside the Governor’s Office.
I believe this plan is reasonable and equitable to all parties. It affords each of us the opportunity to address the people of Illinois without interruption or media filter — and it strikes a balance to ensure we maintain decorum and a constructive atmosphere for negotiations.
Please have your chiefs of staff follow up with Mike Z with any questions or comments.
Sincerely,
Bruce Rauner Governor
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Rush to retire?
Friday, Nov 13, 2015 - Posted by Rich Miller
* From the inimitable…
Is U.S. Rep. Bobby Rush finally considering pulling the plug on a job he’s held since 1993?
Sneed hears Rush, the former Black Panther Party member who has held political sway in Illinois for decades despite recent bouts of bad health, has a challenger who is already circulating nominating petitions.
Again.
Sneed has learned Ald. Howard Brookins Jr. (21st), who was elected to the City Council in 2003, has not only voiced interest in the past about running for Rush’s seat — but is once again initiating an opening bid for Rush’s seat.
“He is circulating nominating petitions in the 1st Congressional District,” said a top Sneed source. “I’ve seen them.”
If he does pull the plug, I’d expect more than just Brookins to run.
* Meanwhile, in other news, this is from the NRSC…
Duckworth Snubbed By Colleague
Rep. Danny Davis joins Mayor Rahm Emanuel, Michael Madigan, and the Cook County Democratic Party in refusing to endorse Tammy Duckworth
Good Afternoon,
The divide over Tammy Duckworth’s candidacy continues to grow as her own colleague just endorsed Andrea Zopp in the messy primary.
Chicago Magazine reports that nine-term Congressman Danny Davis is set to join the growing list of Zopp supporters.
The endorsement follows Duckworth’s brutal numbers in a recent poll. Only 25% of Illinois Democrats support Duckworth. Mayor Rahm Emanuel and state Democratic Party chairman Michael Madigan are both noticeably absent from that 25%.
Congressman Davis also expressed his disappointment with the DSCC’s “unfortunate” endorsement of Duckworth:
I thought that was unfortunate. I certainly was not contacted in terms of who I thought a good candidate might be for the Democrats to run. The DSCC can do what they want, but they’ve got to talk around to different entities. I would have felt much better had I been contacted in any shape, form, or fashion.
They really do seem to go out of their way to pump up Zopp. Ya think maybe they don’t want to run against Duckworth?
That poll was done by Mike McKeon, by the way.
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This just in… Poe gets Ag
Friday, Nov 13, 2015 - Posted by Rich Miller
* Press release…
Governor Bruce Rauner has appointed life-long farmer and Illinois State Representative Raymond Poe the Director of the Department of Agriculture. Poe’s experience as a legislator, as a businessman and as a farmer makes him the ideal choice to lead the agency.
Poe has represented the citizens of Central Illinois for the past 20 years as a member of the General Assembly. He’s a member of the Agriculture & Conservation; Appropriations-Higher Education; Personnel & Pensions; and Business Occupational Licenses (Republican Spokesperson) committees. He has farmed in Sangamon County his entire life.
In addition to his legislative experience, he served on the Williamsville School Board, where he was president for three years. He is also the former president of the Sangamon County Farm Bureau and the former president of the Lincoln Land Farm Supply.
Poe is a graduate of DeVry Institute of Technology in Chicago. He lives in rural Springfield.
…Adding… Lots of Republican names floating around as replacements, but this just landed in my inbox…
County Board member Anthony “Tony” DelGiorno will hold a press conference next week to announce his candidacy for the Democratic nomination in the 99th state legislative district.
WHEN: Tuesday, November 17, 2015, 9am
WHERE: DelGiorno Home,1421 So. Lowell Street, Springfield, Ill. 62704
Born and raised in Springfield’s southeast Bunn Park neighborhood, DelGiorno has represented County Board District 22 since 2012, when he defeated 12-year incumbent Tim Moore. He is a graduate of Illinois College and American University’s Washington College of Law. DelGiorno is a partner at Jacksonville’s Rammelkamp Bradney law firm based in their Springfield office.
…Adding More… Leader Durkin…
“I consider Raymond Poe a very good friend and I am going to miss working with him in the Illinois House. I also want to thank him for everything he has done on behalf of the House Republican Caucus. For the past 21 years, Raymond has devoted himself to serving the residents and communities of central Illinois. He is well-liked and respected by everyone he meets. Raymond Poe’s experience as a lifelong family farmer and lawmaker make him uniquely qualified for the position of Agriculture Director – he will do an outstanding job.”
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Question of the day
Friday, Nov 13, 2015 - Posted by Rich Miller
* WBBM…
After helping the Chicago Shakespeare Theater announce a citywide year-long arts festival in 2016, the 400th anniversary of Shakespeare’s death, [Mayor Rahm Emanuel] was asked what “The Bard” would call the ongoing state budget standoff in Springfield.
“I’d probably stick with my quote from this morning, ‘Much Ado About Nothing,’ with the emphasis on the word nothing,” he said. “Whether you look at Lear, King Richard, about power and the use of power – not power, but authority, etc – Shakespeare talked about the frailties of the human spirit, but also not to confuse your position with who you are. That’s all I’ll say on that,” he said.
* The Question: Your own Shakespearean definition of the current morass?
Extra credit for iambic pentameter.
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*** UPDATED x1 *** National stuff
Friday, Nov 13, 2015 - Posted by Rich Miller
* One of the funniest stories of the cycle so far…
Enough Milton Township GOP Committeemen were not prepared to call for U.S. Senator Mark Kirk to resign from his re-election bid and join the Aurora Township GOP, who censured Kirk in October, but one GOP Committeeman stepped forward to voice her frustration with the senator, who is seeking re-election in 2016.
A single precinct committeeman sent a letter and that’s the most-commented story on IR’s front page?
Yikes.
I can feel the Big Mo now!
* AP…
Illinois superdelegates to the Democratic National Convention next summer appear to be lining up behind Hillary Rodham Clinton for president.
An Associated Press survey of the state’s 26 superdelegates found 13 are committed to the former secretary of state or plan to be in her primary battle against Sen. Bernie Sanders of Vermont and former Maryland Gov. Martin O’Malley.
Four are uncommitted, including Illinois Senate President John Cullerton and Michael Madigan, the House speaker who is chairman of the state Democratic Party. They have their own constituencies to consider before deciding. Nine did not respond to requests from the AP.
I can’t see MJM going for Sanders, but he supported Howard Dean for national party chairman, so I guess one never knows.
* WaPo published the second funniest story of the year…
According to other Republicans, some in the party establishment are so desperate to change the dynamic that they are talking anew about drafting Romney — despite his insistence that he will not run again. Friends have mapped out a strategy for a late entry to pick up delegates and vie for the nomination in a convention fight, according to the Republicans who were briefed on the talks, though Romney has shown no indication of reviving his interest. […]
Angst about Trump intensified this week after he made two comments that could prove damaging in a general election. First, he explained his opposition to raising the minimum wage by saying “wages are too high.”
Well, I dunno. Bruce Rauner once said he’d like to get rid of the minimum wage altogether and he was still elected governor of a Democratic-leaning state.
But, hey, instead of Mittuns, maybe the nationals can draft Rauner and end the Illinois impasse? Maybe that’s why Madigan hasn’t yet picked a Democratic candidate? Could a true grand bargain finally be in the works? [/snark]
*** UPDATE *** From a November 6th Chicagoland Operators Joint Labor-Management PAC statement…
This week, the US House of Representatives passed a multi-year transportation bill with bipartisan support. This follows the US Senate’s passage of similar legislation this summer. Every single American depends on the nation’s critical transportation infrastructure, which is rapidly deteriorating. Investments to repair and rebuild the system are also vitally important to the livelihoods of construction companies and construction workers across the United States. The Chicagoland Operators Joint Labor-Management Pac applauds Congress for finally coming together to pass a comprehensive program after years of short-term extensions.
Over 100 amendments to the transportation bill were considered by Congress. One amendment, sponsored by Rep. Steve King (R-IA), would have stripped the Davis-Bacon Act from the Bill, which for nearly 85 years has ensured the payment of local prevailing wages and benefits on federally-funded transportation construction projects. The amendment was defeated by a vote of 238-188, with 54 Republicans joining with 184 Democrats to block the measure.
Jim Sweeney, Chairman of the Chicagoland Operators Joint Labor Management PAC stated “the bipartisan vote shows that congress understands the fact that prevailing wage laws should be embraced so that local wage and benefit standards are not undermined by “low road” contractors seeking an advantage by deploying a low-wage, low skill, easily exploitable workforce.”
Dave Snelten, co-chair of the Pac and President at Excavators, Inc stated “we are especially thankful that the votes cast against Rep. King’s misguided amendment included all 18 members of the Illinois congressional delegation urban and rural, Republican and Democrat, conservative and liberal.”
Unfortunately, some of our state leaders in Springfield have spent months attempting to push through a similar radical plan which would repeal the state prevailing wage law at the local level. It is passed time our state leaders scrap this radical plan to shrink the middle class, change the business model of many contractors, and learn the lesson that the entire Illinois congressional delegation clearly understands: repealing prevailing wage laws never results in taxpayer savings, but does result in a “race to the bottom.” This race to the bottom economic model undermines high-road construction companies, disrespects skilled construction workers, and diminishes one of the historic standards that helped give rise to the great American middle class and the contractors that employ them.
The Chicagoland Operators Joint Labor-Management PAC is a coalition of the 23,000 member International Union of Operating Engineers, Local 150 and more than 2,100 affiliated contractors. Balancing the public policy interests of business and labor is a core value of our organization. We take pride in the fact that labor and management are equally represented on our board of directors. We believe in moderate, responsible public policies that create broad based prosperity.
Emphasis added.
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Today’s number: $3.50
Friday, Nov 13, 2015 - Posted by Rich Miller
* Press release…
Attorney General Lisa Madigan today announced a lawsuit against three underground employment agencies and two suburban Chinese buffet-style restaurants alleging numerous federal and state civil rights violations, as well as wage violations, in their treatment of immigrant Latino workers.
Madigan’s lawsuit alleges the employment agencies target Latino workers and act as central suppliers for Chinese buffet-style restaurants that seek to profit from illegal and exploitative wages and abysmal working conditions. The lawsuit alleges the restaurants consistently underpay these workers, discriminate against them based on their race and national origin, and house them in substandard conditions.
“My office fights to protect Illinois workers and their most basic rights,” said Madigan. “The employment agencies and restaurants in this lawsuit are exploiting workers through discrimination and inhumane conditions, violating both their civil rights and the state’s wage laws. Their conduct will not be tolerated in this state.”
The lawsuit was filed in federal court against three unlicensed employment agencies based in Chicago’s Chinatown neighborhood and their owners: Xing Ying, 2228 S. Archer Ave.; Jiao’s Employment Agency, 2276 S. Blue Island Ave.; and Chinatown Agencia de Empleo, 211 W. Alexander St.
Also named in the lawsuit as defendants are two restaurants that worked with the employment agencies to hire Latinoworkers: Hibachi Sushi Buffet, 3035 S. Cicero Ave., Cicero, and Hibachi Grill Buffet, 101 Busse Rd., Elk Grove Village.
Madigan alleges these employment agencies and their restaurant clients collectively set the wage rate as low as $3.50 an hour for each Latino worker referred, far below Illinois’s minimum wage of $8.25 an hour. For every referral of a worker, the agencies charge commissions and fees of $120 to $220, along with fees for lodging and transportation, which the restaurants then typically deducted from a worker’s paycheck ,which workers often wait months for, and then remitted to the agencies. The restaurants exclusively assigned Latino workers “back of the house” job duties, including washing dishes, cleaning the kitchen floor, cutting and preparing vegetables and meats, and maintaining the buffet.
Workers interviewed by Madigan’s office describe long workdays, poor wages, high-pressure work environments, crowded and substandard housing conditions, verbal abuse, discrimination and threats of violence. Employees typically work 12 to 14 hours per day, six days a week, with no official meal breaks. Workers are often housed by the restaurant owners in overcrowded, squalid conditions. In one instance, the lawsuit alleges the Hibachi Grill Buffet crowded as many as 15 employees into a three-bedroom apartment with only one bathroom and no furniture aside from soiled mattresses the workers found from a nearby dumpster.
Madigan’s complaint also alleges the three unlicensed employment agencies unlawfully market their ability to provide Latino workers in newspaper advertisements that make explicit references to workers’ race and national origin. For example, one agency advertised it could supply “a large number of Mexican workers,” and another claimed to be “the base camp for Mexican workers.”
The lawsuit is the result of Madigan’s ongoing investigation into wage violations and discriminatory practices against immigrant workers employed at Chinese buffet-style restaurants in Illinois. It alleges violations of the U.S. Civil Rights Act, Illinois Human Rights Act and the state’s minimum wage law. A copy of the complaint is attached.
Madigan urges any current and former workers of a Chinese buffet-style restaurant in Illinois to immediately contact her office to report wage abuse or discrimination in the workplace. Workers should contact Madigan’s Civil Rights Bureau at 1 (877) 581-3692.
Ugh.
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Chicago’s low property tax rates
Friday, Nov 13, 2015 - Posted by Rich Miller
* Tribune…
The Tribune found that the residential tax rate in Chicago before Emanuel’s property tax increase —1.9 percent — was lower than in any Cook suburb and all but five collar county suburbs.
Apply the mayor’s record tax hike, and the rate in Chicago would have been 2.1 percent. Only 15 suburbs would have had lower rates. […]
The Tribune analysis found that if property taxes went up by another $500 million, the city’s effective tax rate for homeowners would rise to about 2.3 percent. Chicago still would be in the bottom 10 percent in regional residential property tax rates.
* But…
Had Emanuel’s tax hike been in place this year, the property tax rate on factories, office towers and retail buildings would have been 5.3 percent. That’s higher than all but seven collar county suburbs. […]
Inside Cook County, however, Chicago businesses will still be taxed at a comparatively low rate — only seven of 169 suburbs would have lower rates than the city, the same ones mentioned earlier that have lower residential rates.
Even so, the city has comparatively high sales tax rates.
Also, if Chicagoans are gonna pay higher taxes, they’re probably gonna demand much better services. And since all the tax hike money is already spoken for, services aren’t going to improve much.
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Credit Unions: Honoring Veterans
Friday, Nov 13, 2015 - Posted by Advertising Department
[The following is a paid advertisement.]
As not-for-profit financial cooperatives, America’s credit unions are dedicated to fulfilling many daily financial needs of their membership. Their principle of service to community is driven by a genuine, ingrained philosophy of “People Helping People” — and a big reason why credit unions are different from other financial institutions.
With Veterans Day on the minds of many people this week, NuMark Credit Union in Joliet is collecting financial donations to donate wreaths for the graves of soldiers from every branch of the military who have made the ultimate sacrifice for our country. While the laying of wreaths takes place once a year in December at Abraham Lincoln and national cemeteries across the country, NuMark continually draws attention to this important community service year-round.
NuMark has been supporting Wreaths Across America for several years. The credit union and its members raise funds via donations for flags, holding casual days, and accepting financial contributions, which are matched up to $350. As a result, so far this year NuMark will be able to donate more than 200 wreaths to pay personal tribute, remember, and honor our nation’s Veterans and their families.
With a mantra of “People Before Profits,” credit unions serve nearly three million Illinois consumers and their communities this Veterans Day holiday and every day.
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*** UPDATED x2 *** Rauner loan plan emerges
Friday, Nov 13, 2015 - Posted by Rich Miller
* Tribune…
To help cover Illinois’ unpaid bills in the midst of a budget stalemate, Gov. Bruce Rauner is turning to an obscure state agency usually occupied with arranging loans to farms, towns and hospitals.
The Illinois Finance Authority board approved a plan Thursday to withdraw $12 million of its $17 million in investments and use it to provide zero-interest loans to 911 providers throughout the state and cover bills from state vendors for snowplow repair, food for inmates and other “essential government goods and services,” Executive Director Christopher Meister said.
The Finance Authority soon may cover still more state bills by issuing bonds. Board members could approve bonds of up to $115 million within the next few weeks, Meister said.
Rauner asked the Finance Authority to make money available as part of a broad request “that state agencies use whatever resources were within their control, within the limits of existing law, to manage through the budget impasse,” spokesman Lance Trover said.
* Reuters…
In the case of a debt service shortfall on the IFA bonds, the moral obligation pledge requires the governor to request an appropriation from the legislature, which is not legally obligated to act.
IFA Chairman R. Robert Funderburg noted the irony in the risk that money for the bonds might not be appropriated.
“An agency of the state of Illinois is discussing the relative risk of doing business with the state of Illinois,” he said at a board meeting.
Meister said that once structured, the bond deal would need final approval from the IFA board at or before its December meeting. The board approved Citigroup Capital Markets as the underwriter for the bonds, which could be sold in the U.S. municipal market or structured as a direct purchase or private placement.
Meanwhile, the IFA will tap in to its $12 million of available cash to immediately loan at no interest up to $3 million to local 911 call centers relying on a state pass through of revenue from a phone surcharge that has been held up due to the lack of an appropriation, according to Meister. Another allotment of up to $3 million would be made available to state vendors “at the end of their rope” in return for their state receivables and a 1 percent per month late payment penalty that kicks in after 90 days, he added.
*** UPDATE 1 *** Do you remember this from the governor’s memo the other day?…
While we continue to urge legislative leaders to enact a complete balanced budget rather than taking a piece-meal approach, Governor Rauner is comfortable with HB 4305 proceeding as an effort to build on the compromises announced yesterday regarding Unemployment Insurance, Child Care Assistance Program and DON Score. In addition, to further strengthen the progress made over the last few days, legislators can – and should - fund the public safety and critical services currently excluded from HB 4305, including salt for snow-covered roads, funds for veterans in state-run homes and debt service payments that would ensure Illinois avoids a debt default.
That highlighted text was so odd to me at the time because state debt payments are automatic. They don’t require an appropriation. But this new debt would require a specific appropriation.
So, maybe now we know why that phrase was in the memo.
*** UPDATE 2 *** There were some formatting problems in the above update because I accidentally hit the “Save” button on my end too soon. Oops. Anyway, the governor’s folks saw what I saved and told me…
The highlighted portion you reference is detailed in the memo. It refers to the civic center debt payment due next month. Like McPier debt payment, civic center debt payment is NOT a continuing appropriation. If the state defaults, it will be because this funding was held up. That’s the only intended reference in the memo.
Ok then.
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The Democrats’ millionaire
Friday, Nov 13, 2015 - Posted by Rich Miller
* Tribune…
Longtime Democratic donor Fred Eychaner has been writing a few checks to political funds controlled by Madigan this week. On Thursday, Madigan’s 13th Ward Democratic organization reported $21,600 from Eychaner’s Newsweb Corp. and $10,800 from Eychaner himself. That followed paperwork filed Tuesday that showed the same giving to the Democratic Majority and Democratic Party of Illinois funds. All told, that’s more than $97,000 to Madigan funds this week. Eychaner also gave the maximum $5,400 each to a half-dozen House Democrats.
Eychaner can’t do it alone, however. The Dems are gonna need more rich folks to step up in the Age of Rauner. From the governor’s latest D-2…
Funds available at the close of the reporting period: $19,654,134.13
And there’s plenty more where that came from.
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Don’t get your hopes up
Friday, Nov 13, 2015 - Posted by Rich Miller
* This “unfunded mandate” stuff is something the Rauner folks have been saying on background since Wednesday…
Gov. Bruce Rauner’s administration says it is reviewing a bill lawmakers approved Tuesday that is aimed at reopening the Illinois State Museum to the public.
However, even if the governor signs the bill, some supporters of the measure aren’t sure that it will mean the museum and its satellite facilities can reopen soon.
“Obviously, we’ve got a budget issue,” Guerry Suggs, chairman of the museum board, said Thursday. “Even if the governor signs it, I think his answer’s going to be, ‘It’s an unfunded mandate, we don’t have a budget, so I’m not going to do anything.’ I don’t think anything’s going to happen until a budget passes.” […]
By itself, the bill would not force the museum to reopen to the public. “I think this bill will help us in the future,” Suggs said. “I don’t think it’s going to do anything for us right now because of the budget issue.”
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* That parliamentary hold is gonna cause Speaker Madigan significant problems if he doesn’t remove it soon. The lottery debacle is something everybody can understand…
Illinois Lottery sales dropped by tens of millions of dollars last month after officials stopped paying winners.
Gov. Bruce Rauner’s Administration revealed the latest blow to state finances as new doubts arose about a deal that could clear the way for lottery winners to get their cash.
The House approved a bill allowing the Lottery to resume payouts by a big bipartisan majority. But then House Speaker Mike Madigan pulled a switcheroo, refusing to send it to the Senate. Some saw pure political grandstanding.
“There’s a willingness to compromise among almost everyone, except Mike Madigan. And now we have situations where he’s clearly standing in the way,” said State Senator Christine Radogno.
Oy.
* Background from the AP…
Illinois Lottery ticket sales dropped to the lowest point yet this year in October, the same month lottery officials announced they were delaying payouts over $600 because of the state budget impasse, according to data obtained Thursday by The Associated Press.
Sales for most tickets, including instant games and Powerball, declined about $21 million — with October sales at roughly $215 million compared to September’s approximately $236 million. The high was about $260 million in March, according to data obtained in a freedom of information request.
The figures confirm what ticket vendors at gas stations, convenience marts and grocery stores have said anecdotally for weeks about people’s frustration with Illinois’ budget problems.
Lottery officials announced in mid-October that anyone winning over $600 wouldn’t get the money right away because the account used to pay those winnings was dwindling. That followed news in late August that payouts over $25,000 were on hold because there wasn’t the authority to cut checks that big.
*** UPDATE *** More from the AP…
An attorney representing Illinois Lottery winners who haven’t been paid their winnings has asked a federal judge to prevent 38 other state lotteries from sending money to the agency.
The winners represented by attorney Thomas Zimmerman Jr. in a lawsuit haven’t been paid because of Illinois’ lack of a budget. Zimmerman filed a motion for a temporary restraining order late Tuesday asking the judge to bar the other lotteries and the association overseeing Mega Millions and Powerball from giving the Illinois Lottery the money owed to Illinois winners of those games.
Zimmerman asked that the money instead be held in an interest-bearing, court-controlled account.
“If someone in Illinois wins (Powerball or Mega Millions), then other states that participate in the game have to kick in some of the prize money,” Zimmerman said. “Illinois is then holding the money and not paying the winner. All we’re asking is don’t send it (the money) to Illinois — send it to the court … so we can get these people paid or earn interest on the money until it can be paid.”
Thanks to a commenter for the linky.
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