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Capitol Fax

Rich Miller's commentary on State Government

By far, the most ironic aspect of this entire post-Rod Blagojevich push to reform Illinois has to be the last paragraph of Gov. Pat Quinn's much-praised reform commission report.

"All Constitutional officers should issue executive orders, comparable to George Ryan's Executive Order #2 (1999), prohibiting their campaign funds from accepting contributions from state employees under their control."

Former Gov. Ryan issued that executive order because his crooked campaign fundraising operation at his old secretary of state's office had triggered a federal corruption probe and he was looking for some political cover. That investigation, of course, eventually put Ryan in prison.

Gov. Quinn's reform commission chairman Pat Collins - who presided over the insertion of that rare Ryan praise into the commission report - was the chief prosecutor at Ryan's trial. Ryan's executive order didn't prevent Collins' feds from also convicting his campaign committee.

A few years before he issued that EO, Ryan pushed through widely hailed reforms of the state's lobbyist registration and disclosure laws in the run-up to his successful 1994 reelection campaign against noted reformer... Pat Quinn. Several of Ryan's lobbyist pals got caught up in his federal prosecution.

The irony just never stops in this state.

The lesson from this ought to be that passing new laws, no matter how enlightened and reasonable and strict, will not stop the bad guys from being bad guys. They are what they are. George Ryan and Rod Blagojevich are living proof of that hard and fast law of the universe.

Obviously, though, we've got a real problem here in Illinois and some changes have to be made. But making those changes - and making sure they actually work and don't break something else in the process - isn't nearly as easy as the newspaper editorial boards and some of the reformers always make it sound.

For instance, last week, some members of the governor's reform commission testified to the General Assembly's Joint Committee on Government Reform. The focus of the testimony was the commission's proposal to revamp state procurement laws.

Stories are legion of how Blagojevich and his goons shook down state contractors for campaign contributions. Besides the really hinky stuff, they allegedly did things like delay final contract decisions to at least make it appear as though a contractor might not get the job, and then put the arm on nervous and otherwise honest businesspeople. Those who had won new contracts reportedly received phone calls from campaign higher-ups demanding tribute, with the implication that this might be the last contract they ever got.

See, you don't always need to steer a contract towards somebody to make out like a bandit. You just have to make it look like you can give it to someone else.

That's a big reason why the state needs a far more open, transparent and fair contracting system. If the system looks and feels clean to contractors and the state employees who run it, the goons will have a tougher time gaming it.

The problem is getting there without harming the underlying system itself.

The governor's reform commission found out last week that while their ideas might address one problem, they could make another problem worse.

Their proposal to centralize and insulate procurement directors was hammered by one business consultant as a "waste" of money and effort because it could exacerbate the far more pressing problems of bottlenecks and gross inefficiencies in the system itself. The farther procurement officers get from the agencies, the less they may understand the urgency or importance of certain contracts. And since the state lets $7 billion in contracts every year, this is a hugely vital function of government which can't be trifled with.

The reform commission's proposal to headquarter independent contract monitors in the auditor general's office was thoroughly shot down by Auditor General Bill Holland, a man of unquestioned integrity. Holland said the plan would drag his office into policy-making, and that would directly contradict his constitutional role in the auditing process.

Holland also took a shot at the commission's procurement centralization proposal by reminding everyone that Rod Blagojevich had once "reformed" the system by centralizing procurement officers under one roof.

"The process does not corrupt the process," Holland said. "People corrupt the process."

Still, it's beyond clear that we need a new process here. Just keep your fingers crossed that the "fix" doesn't break something else.

Rich Miller also publishes Capitol Fax, a daily political newsletter, and thecapitolfaxblog.com.

Senate Week In Review

April 20-24, 2009 - A view from the Illinois Senate Republican Press Office

SPRINGFIELD ­ Lawmakers returned to Springfield to begin the final weeks of the spring legislative session, acting on bills in committees and moving legislation in both the Senate and the House of Representatives, according to State Sen. Tim Bivins (R-Dixon).

Early in the week of April 20-24, members of the Illinois Reform Commission organized by Gov. Pat Quinn came before the General Assembly's Joint Committee on Government Reform to present their ideas for procurement reform.

The Illinois Reform Commission has been traveling throughout the state, gathering information and testimony from expert witnesses on ways to strengthen Illinois' ethics and transparency laws. Although the Illinois Reform Commission is expected to release its final report next week, Commission Chairman Patrick Collins testified April 21 before legislators on the Commission's recommendations for procurement system reform.

One controversial change proposed by the Governor's group would move all agency procurement officials into one new Department of Procurement, which would be headed by a new Executive Procurement Officer. The idea raised concerns that consolidating procurement powers in a single agency would cut purchasing officers off from the agencies they serve, and could consolidate too much power in the Governor's office.

The Reform Commission also suggested creating an independent contract monitor who would have access to all procurement files as they develop. The monitor would not only provide external oversight of procurement matters, but would seek out possible corruption.

Auditor General Bill Holland was joined by representatives from the Department of Transportation, Central Management Services and the Capital Development Board, who all expressed concerns about the centralization proposal and the monitor position.

Despite Republican concerns, the Senate also approved a controversial resolution on April 22 that many view as an attack on secret ballots. Adopted without a Republican vote, Senate Joint Resolution 35 endorses "card check," or the Employee Free Choice Act (EFCA).

Bivins explained that currently employees can choose union representation through secret ballot elections that are supervised by the federal government. Senate Joint Resolution 35 endorses a fundamental change in which unions could gain the right to represent employees simply by getting a majority of employees to sign cards in support of the union, with no guarantee of secrecy.

Opponents have raised concerns that such "card check" elections have been plagued by charges of coercion, misrepresentation, forgery, fraud, peer pressure and promised benefits.

The Senate also approved a Budget Implementation Act in the form of Senate Bill 366, which makes the legislative changes necessary to implement changes needed for the final months of the current state fiscal year.

It also establishes diversity goals for Illinois Department of Transportation construction projects and for professional and artistic services selection committees, and requires the Department of Central Management Services to conduct a study to assess the impact of discrimination that minority and female business owners face in Illinois.

The report will eventually be submitted to the General Assembly and the Governor, who will then use the information to determine whether to adjust Illinois' requirements for awarding state contracts to minority and female business owners. Currently, the state seeks to award no less than 10 percent of the total amount of state construction contracts to minority and female-owned businesses.

Legislation approved by Senate committees this week:

AIDS Deterrence (HB 3974): Creates an advisory council to educate and deter youth from engaging in irresponsible behaviors that could lead to contracting HIV/AIDS.

Alternative Health Care (HB 2279): Requires two authorized community-based residential rehabilitation center alternative health care models, instead of one.

Biodiesel (HB 2535): Requires state and local government to use fuel that is at least 5% biodiesel in all diesel vehicles.

Brain Aneurysm Awareness (HB 2506): Designates September as Brain Aneurysm Awareness Month.

Campaign Signs (HB 3785): Allows campaign signs to be displayed on residential property 45 days prior to and 5 days after primary, general, consolidated primary and consolidated general elections.

Crohn's Disease (HB 986): Adds Crohn's Disease and Ulcerative Colitis to the list of ailments that a person could have to be considered under the Business Enterprise for Minorities, Females, and Persons with Disabilities Act.

Consent (HB 4081): States that a disabled adult who survives a sexual assault does not need the consent of their parent, guardian or custodian to receive emergency health care services or release hospital forensic evidence to law enforcement.

Disabled Workers (HB 818): Allows individuals enrolled in the Health Benefits for Workers with Disabilities program, but who are found to have an improved disability, to remain eligible for Medicaid.

Double Taxation (HB 3635): Limits the amount of double taxation for Illinois taxpayers whose income is taxed in both Illinois and another state.

Eavesdropping (HB 1348): Expands consensual eavesdropping exemption for a child pornography investigation so law enforcement can quickly arrange to listen to and preserve the predator's call.

Energy Costs (HB 722): Allows a municipality to adopt an ordinance allowing it to buy power on behalf of its residents by grouping the consumers together, which lowers the cost.

Financial Exemptions (HB 944): Provides that a school district will not be certified by the State Board of Education to be in financial difficulty solely due to the failure of the state to disburse General State Aid payments or any of the mandated categoricals.

Great Lakes Task Force (HB 3828): Creates the Task Force on the Conservation and Quality of the Great Lakes for the protection of the water quality and supply of the Great Lakes.

"Green" Illinois (HB 4035): Requires preference to be given to a bidder for State contracts who will fulfill the contract through use of products made from recycled supplies provided it does not constitute an undue economic or practical hardship, and requires state agencies to purchase recycled supplies unless the recyclable supplies cannot be used to meet requirements of the agency or it would cause an undue economic or practical hardship.

Grow Your Own Teacher (HB 4117): Provides that the Department of Juvenile Justice School District is eligible to receive teachers from the Grow Your Own Teacher Education Initiative Program.

Health Education (HB 973): Recommends that the subject of teen dating violence be included in the Comprehensive Health Education Program curriculum in grades 8-12.

Health Professionals (HB 805): Allows the Departments of Public Health and Financial and Professional Regulation to have access to the health care professionals list to assist them in planning for bioterrorism and public health emergencies.

Health Service Fees (HB 818): Forbids IDPH to charge a fee to a local Department of Public Health for the licensure of a home service agency or home nursing agency.

Homeland Security Research (HB 3922): Requires an investigation into the cause of dangerously contagious or infectious disease and other health ailments related to biological, chemical or nuclear attacks.

Internet Safety (HB 1314): Prohibits a convicted sex offender from accessing a social networking Internet Web site while on parole, mandatory supervised release, probation, conditional discharge or supervision.

Judicial Protection (HB 1065): Protects judges in Illinois by allowing law enforcement to receive information from mental health or developmental disability facility regarding persons who may be potential threats to the judges.

Jurisdiction (HB 759): Provide guidelines to determine jurisdiction between states as related to adult guardianship and other protective proceedings.

Medicaid Penalties (HB 237): Provides for penalties to be assessed on Medicaid payments not made within 30 (now 60) days and also provides for a penalty rate of 2.0% (now 1.0%) per month.

Mental Illness (HB 2281): Allows the court as part of a sentencing hearing for a person with a mental illness, who is serving in the military or is a military veteran, to order pre-sentence consultation with state or federal veterans' affairs regarding treatment options.

Mercury Web site (HB 2429): Requires the Illinois Environmental Protection Agency to create a Web site by Oct. 1, 2009, that provides information on the mercury content of compact fluorescent lamps used in residential applications, what to do when a fluorescent lamp breaks, and options for consumers to safely manage and recycle spent mercury-containing compact fluorescent lamps generated in the State.

Metal Dealers (HB 696): Requires a recyclable metal dealer to get certain information for each transaction involving the purchase of metal street signs, including a declaration, signed and dated, by the seller confirming the signs are not stolen property.

Methamphetamine (HB 865): Creates the State Police Methamphetamine Precursor Tracking pilot program in Adams, Madison, St. Clair, and Vermilion Counties to track purchases from pharmacies of targeted meth precursors and identify illicit distributors of the precursors.

Methamphetamine Precautions (HB 214): Requires the seller of the property to disclose whether the property has been used for the manufacture of methamphetamine.

Moment of Silence (HB 972): Provides that if a school holds any type of event on November 11th, Veterans' Day, that the school board or board of trustees must require a moment of silence at that event to recognize Veterans' Day.

Monitoring Device (HB 914): Expands the list of offenses which trigger the cancellation of a monitoring device driving permit to include aggravated fleeing or attempting to elude a police officer.

MRSA (HB 185): Requires state-operated facilities to establish MRSA prevention, control and reporting procedures.

Nursing Homes (HB 416): Allows penalties assessed on nursing homes for late bed licensing payments to be waived when the Medicaid payment cycle is in excess of 60 days. (HB 748): Requires nursing homes to give written information within 30 days to new residents describing the facility's policies regarding DNR orders, and allow new residents to execute a living will/power of attorney if they don't currently have one.

Offender Evaluation (HB 4081): Eliminates the need for a pre-sentence sex offender evaluation if the convicted sex offender is subject to a mandatory prison sentence.

Ovarian/Prostate Cancer Month (HB 2505): Creates Ovarian and Prostate Cancer Awareness Month.

Prisoners of War (HB 2536): Provides that all former Prisoners of War will receive free admission to any state-funded museum.

Public Guardian (HB 2539): Allows the Governor to appoint the same person as public guardian and public administrator in more than one county to address current difficulties in finding qualified guardians.

Public Utility Fund (HB 860): Requires ComEd and Ameren to contribute $5.5 million to the Public Utility Fund to be used for operations at the Illinois Commerce Commission.

Radon Testing (HB 4223): Makes recommendations in regards to radon testing in schools and the process of handling radon testing, whom to contact and what instructions to follow.

Railroad Crossings (HB 3730): Requires yield signs at highway rail grade crossings that are not equipped with automatic warning devices.

Refugees (HB 399): Establishes ongoing AABD coverage for refugees.

Regional Planning Commission (HB 768): Defines Regional Planning Commissions as financial institutions so that they can lend money to municipalities for economic development

Regulation Compliance (HB 931): Brings Illinois into compliance with Federal Motor Carrier Safety regulations.

Restitution (HB 2650): Requires that restitution be ordered on any DUI violation which involved injury to another person or damage to another person's property.

School Loans (SB 611): Expands the School Technology Revolving Loan program to include non-public schools.

Sexual Abuse (HB 3918): Expands the protections and remedies available under the Domestic Violence Act to victims of sexual abuse who must seek recourse through the civil no contact order statute.

Sign Language (HB 725): Encourages school boards to include American Sign Language courses into foreign language curriculums, and allows public universities and colleges to accept ASL as a foreign language.

Special Education (HB 2362): Adds an exemption for special education transportation contracts from the low-bid requirement.

Stalking (HB 2542): Broadens the definition of "stalking" to mean knowingly engaging in two or more acts directed at a specific person, if he or she knows or should know that this course of conduct would cause a reasonable person to fear for his or her safety or the safety of a third person, or suffer other emotional distress (significant mental suffering, anxiety or alarm).

State Renovations (HB 1013): Requires that state-funded building construction and major renovations of existing state-owned facilities must meet certain energy and environmental standards.

Superintendents (HB 737): Allows a first-year principal the option to participate in a second year of mentoring if sufficient funding exists, as determined by the State Superintendent of Education.

Trial Fitness (HB 3897): Allows DHS to notify a court immediately if they have determined an individual is fit to stand trial.

Twice-Exceptional Children (HB 900): Requires the State Advisory Council on the Education of Children with Disabilities and the Advisory Council on the Education of Gifted and Talented Children to research and discuss best practices for addressing the needs of "twice-exceptional" children (those who are gifted and have a disability).

Unauthorized Transmission (HB 4173): Makes it unlawful to knowingly record or transmit live video of another person in their residence without the consent of that person, when the recording or transmission is made outside the person's residence by use of a remote audio or video recording device.

Unlawful Communication (HB 4066): Increases the penalty on unlawful communication device access if committed by a person in jail or prison.

Veterans (HB 3731): Allows honorably discharged veterans of the Vietnam Conflict to be awarded high school diplomas from the school boards.

Veterans Employment (HB 1122): Creates the Illinois Jobs for Veterans Task Force to determine if military training received by the veterans could satisfy any state professional licensure requirements.

Violence Prevention Authority (HB 3647): Requires the Illinois Violence Prevention Authority to develop and adopt rules that allow them to distribute grants.

Wills (HB 151): Establishes a Secretary of State will depository.

Global Warming

It's hard to believe that a newspaper such as the Prairie Advocate is still denying the realities of global warming.

Contrary to all scientific evidence, Dennis T. Avery insists that we have a "global cooling trend." Dennis Avery, who lacks credentials in a climate-related field, also believes that DDTdoes not cause egg shell thinning in eagles. However, as a direct result of the banning of DDT, our national bird has made a dramatic comeback. Mr. Avery also wrote a 1998 article in the Wall Street Journal claiming that studies conducted by the Centre for Disease Control showed that eating an organic diet entailed eight times the risk of E. coli as eating a conventional diet. However, as it turned out, the CDC had never conducted any such studies. As a reader recently cautioned you, "Consider the source."

The Hudson Institute, which you consider "a credible source," has as major financial backers ConAgra and Cargill, as well as pesticide manufacturers such as Monsanto and American Cyanamid. They have also received funding from Exxon Mobil. Exxon Mobil was criticized, in a report by the Union of Concerned Scientists (January 6, 2007), for funneling 16 million dollars to advocacy groups in order to cloud scientific understanding of climate change. According to an article in the New York Times (April 23, 2009), Exxon Mobil now recognizes human contribution to global warming and has largely dropped financial support to groups challenging the science.

The Union of Concerned Scientists was founded in 1969 at the Massachusetts Institute of Technology. One of its founders was a Nobel Laureate, Dr. Henry Kendall. In 1997 the UCS circulated a petition calling for ratification of the Kyoto Protocol, which called for a reduction in greenhouse gas emissions. It was signed by 104 Nobel Prize winning scientists.

The New York Times article of April 23, cited above and available online, reports that the Global Climate Coalition, which represents industries whose profits are tied to fossil fuels, has led an aggressive campaign against the idea that heat-trapping gases can cause global warming. But a document filed in a federal lawsuit "demonstrates that even as the coalition worked to sway opinion, its own scientific and technical experts were advising that the science backing the role of greenhouse gases in global warming could not be refuted."

I would like to think that humans are not causing global warming. It would be more pleasantnot tobe worried about the effect our choices will have on the world our children and grandchildren will see. However, the last two decades of the twentieth century were the hottest in 400 years. Arctic ice is fast disappearing, and Glacier National Park now has 27 glaciers, as opposed to 150 in 1910. A February 2007 report from the Intergovernmental Panel on Climate Change, based on the work of 2,500 scientists from 130 countries, concluded that "humans have caused all or most of the current planetary warming" (National Geographic News online).

You can, if you wish, ignore the findings of the IPCC or the UCS and continue to base your beliefs on organizations and individuals whose motives reflect their desire for profit. Meanwhile, time is running out.

Pat Wemstrom

Mount Carroll

Publisher's Note: Thank you for the information, Pat. The "realities" of global warming need to be discussed, and The Prairie Advocate hopes to be a forum for further discussion of this, and other topics that affect our lives here in beautiful Upstate Illinois. The Second Amendment is a vital part of our business plan.

Opportunities at the SDP

Business owners who read the Prairie Advocate may be interested to learn of a way to increase their revenues by taking advantage of an opportunity in a growing segment of the economygovernment. Inc. magazine explains the opportunity in "How to: Become a Government Contractor," at http://www.inc.com/magazine/20090401/how-to-become-a-government-contractor.html.

Please encourage your readers to pay special attention to the section on HUBZones, and remind them that the Savanna Depot Park is a HUBZone because it is part of a closed military base, http://map.sba.gov/hubzone/hzqry.asp?BR=51673 .

The Savanna Depot Park is nearly 3,000 acres of the former 13,062-acre Savanna Army Depot Activity. Property in the Depot Park is designated to be transferred from the Army to the Jo-Carroll Depot LRA. Jo Daviess and Carroll counties created the LRA to receive the property and convey it to buyers for economic development purposes, to help replace the jobs lost when the base closed.

The base was selected for closure in 1995, and the installation's mission ended in March 2000. The LRA received the first parcel in 2003. Today, only a couple of office buildings remain available from the LRA. They are offered at prices far below market rates to companies interested in locating in a HUB Zone. The site also offers an Enterprise Zone, Foreign Trade Zone and fiber broadband services.

Additional office space may be available from companies that have located in the Depot Park.

Thank you for the opportunity to provide this information to your readers.

Sincerely yours,

Diane M. Komiskey

Executive Director

Mayberry Day in Lanark

Dear Readers,

I'm writing to invite you to the "Eagle Scout Project" FUNdraiser on Saturday, May 2nd from 8:00 a.m. until 12:00 noon, located at the Express Lane in Lanark! You need to stop in to give a donation (tip) when all the "GOOBERS" pump your gas, wash your windows and check your oil! (Lanark Community Club, Lanark Lions Club, Boy Scouts and Lanark American Legion).

You can enjoy purchasing baked goods made by "Aunt Bee's Ladies Aide" (Live appearances as Aunt Bee or one of her friends). Contact Pastor Kate at 815-493-6400 to join the Ladies Aide. Within that time, there may be other Mayberry characters stopping by.

I heard you can help "BAIL" OTIS, the town drunk, out of the holding cell whenever he gets arrested for public intoxication!!! I hope the Lanark Police Department are in good moods that day!! The Cub Scouts will also have two games you can play for prizes. Their games will be a preview of "Old Settler's Days" events.

So, stop by for a few minutes and enjoy the life of "Mayberry". It will help the "Eagle Scout Project" and will help improve the Memorial Park at the cemetery!

Jeannine - Manager

Express Lane - Lanark

Capitol Report

By Jim Sacia, State Representative, 89th District

I often write in this column about the spirit of cooperation in Springfield. Though we have our differences, I have during my years in the House, solicited help from my colleagues on the other side of the aisle in passing crucial legislation for our district, and time and time again, they have helped me.

The deadline for the passage of House Bills out of the House was April 3rd. On April 6th I wrote Speaker Madigan and asked him to extend that deadline on a very important piece of legislation to me and many in the agriculture community throughout Illinois. On April 20th, we learned that the Speaker had extended the deadline on six House Bills, all having Democrat sponsors, so it was clear that my bill was not included.

My specific legislation aside, doesn't it make sense that in the sprit of fairness at least three significant bills sponsored by Republicans should have been considered for deadline extension? These are the kinds of actions that polarize us. In my opinion, they simply shouldn't happen. Many of you tell me you are fed up with the process and you feel powerless to make a change. It's hard to argue with that when things like this happen.

On Wednesday, Representative Bill Black (R-Danville), our Deputy Leader in the House, introduced House Bill 4438 which prohibits any increase in compensation for lawmakers based on a cost of living adjustment as authorized by Senate Joint Resolution 192 of the 86th General Assembly. That probably sounds like gobble-de-gook to most people, but it means that the legislation would stop our 2.8% pay raise for Fiscal Year 2010.

Guess what happened ­ Majority Leader Barbara Flynn Currie (D-Chicago) objected to the bill being debated, which, according to our state constitution (and remember, many of you didn't want a constitutional convention to stop this garbage), means that the bill is dead on arrival.

Bill asked for and received a vote on whether the decision of the chair to kill the legislation should be upheld. 50 Republicans voted "no". 64 Democrats voted "yes", which means they voted in favor of keeping their pay raises. To their credit, Representatives Lisa Dugan (D-Bradley), Sara Feigenholtz (D-Chicago) and Jack Franks (D-Woodstock) voted with us to stop this madness. How will the rest of the House Democrats go home and say they voted to take a pay raise when the state and the entire country is financially "in the tank"? Is it any wonder our constituents feel disenfranchised?

As you know, I am the eternal optimist, but this is simply too much. Rest assured you haven't heard the end of the pay raise issue. My hope is that all of you will call Speaker Madigan's office in Springfield at 217/782-5350 and let him know how you feel about lawmakers getting a pay raise.

As always, you can reach me, Sally or Barb at 815/232-0774 or e-mail us at jimsacia@aeroinc.net. You can also visit my website at www.jimsacia.com. It's always a pleasure to hear from you.

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