Category Archives: State Legislation

Another “moment of truth”

Before the Peoria County Board:

“We’re really at a moment of truth,” said Lakeview Museum board chairman Jim Vergon. “This is a defining moment for the Peoria Riverfront Museum, or Museum Square. Without being too melodramatic about it, this is also a defining moment for central Illinois in so many ways.”

–Journal Star, Nov. 9, 2007

Before the Illinois Senate Appropriations Committee:

Jim Vergon, chairman of the Lakeview Museum Board, told the Senate committee that the sought-after $12 million in state funding would trigger a $136 million redevelopment project on the Peoria riverfront…. “The moment of truth is really upon us for this project,” Vergon said.

–Journal Star, May 15, 2008

I’ll bet there’s another “moment of truth” just around the corner when they ask the Peoria City Council for yet another extension on their redevelopment agreement for the Sears block.

Legal options for seniors already exist

The latest attempt to gain support for civil-union legislation is to misdirect the public into thinking this going to provide a great benefit to senior citizens:

The question of whether to legalize civil unions in Illinois has focused largely on same-sex couples, but opposite-sex senior citizen couples actually stand to gain the most, says state Rep. Greg Harris, D-Chicago….

Harris’ House Bill 1826 would let couples opt for civil unions, rather than marriage. Each partner in a civil union would have legal protections and obligations that already are available to married people. For example, one partner could make crucial decisions, such as those involving medical care, on behalf of the other.

Guess what? They can already do that. It’s called a Health Care Power of Attorney in Illinois (it’s also known as a “Medical Power of Attorney” elsewhere). Call me cynical, but it looks to me like the proponents of this bill know that it’s sole purpose is getting same-sex unions recognized in Illinois, but are trying to divert criticism by finding dubious other “benefits” to the bill.

Higher taxes on the way

A couple of bills are wending their way through the State legislature and are sure to find their way into your pocketbook soon:

  • SB 2071 — School Construction Bonds. Sponsored by Senators Koehler and Risinger, this little bill gives District 150 even more borrowing power by letting the district exceed debt limitations if they use the Public Building Commission (PBC) for matching construction funds. The Journal Star reported on this on March 13: “Part of the intention…, said District 150 Treasurer Guy Cahill, was to use the PBC money as matching funds if the state ever re-authorizes a school construction program.” So if this passes and the state gives them school construction money in the future, evidently the school board would be able to match that grant with PBC funds, which are paid back by taxpayers — with interest. Remember that PBC funds are accessible without a referendum; there’s no accountability to the voters, other than voting out the school board members (a process that takes a number of years, and would only be effectuated after the money is borrowed and spent).
  • SB 2077 — County Code Retailers’ Occupation Tax for Public Facilities. This is also sponsored by Senators Koehler and Risinger, and it just passed the Senate 47-4 yesterday (April 1). It now goes to the House. WMBD-TV had this story: “A bill allowing Peoria County voters to decide whether they want to pay a special sales tax for the proposed riverfront museum passed the Illinois Senate Tuesday…. County officials say it would provide another source of funding for the proposed multi million dollar facility, although the size of the proposed tax hasn’t been determined.”

    The good news is that this tax is subject to referendum. They can only impose this tax if the voters approve it. And, just to sweeten the deal, the county could put a sunset provision on the tax, meaning it would expire on a certain date and a new referendum would have to be approved to reinstate/extend it.

    But here’s the thing — the museum is only one of the many possible uses for this tax. It could also be used for other public facilities, like nursing homes. This opens up many possibilities. They could try to sell a tax referendum that wouldn’t just be for the museum (which has little support), but also for other public facilities that need funding help (which have higher support). That could set up a quandary for voters, and could sway the outcome. Even if that scenario doesn’t happen, the county will now have a new potential revenue source, and they’ll likely find a way to coerce voters into approving it, with or without museum funding (e.g., “if you don’t approve this public facility tax, you will be throwing Bel-Wood residents out onto the street — have you no conscience?!”).

State has money to burn, evidently

According to Comptroller Dan Hynes, Illinois “still sustains a deficit, ending fiscal year 2007 nearly $3.6 billion in the red based on preliminary unaudited estimates.”

Nevertheless, the General Assembly apparently feels that it has $12 million to spare for the Peoria Riverfront Museum. The House of Representatives approved the expenditure 80-23, and now the bill heads to the Senate where it’s being championed by Sen. David Koehler.

Rep. Aaron Schock voted for it. So I guess he’s okay with deficit spending and fiscal irresponsibility. He’ll fit right in in Congress.

Museum may get state grant: $12 million grant passes first hurdle

A House appropriations committee has recommended approval of a bill that would give $12 million to the Peoria Regional Museum. The bill would have to pass the full House, Senate, and get the Governor’s okay before the museum would actually get the money.

Here’s the most interesting part of the Journal Star’s article on this effort:

[Lakeview Museum CEO Jim] Richerson said the proposed Peoria project consists of two pieces: a museum with an estimated price tag of $65 million to $75 million and a Caterpillar Inc. visitors center.

$75 million? Are they expecting that construction costs are going to rise by potentially $10 million in the next year, raising the total cost of the project by more than 15%? If so, then that $12 million in state money, if it actually comes to fruition, would mostly cover the increase in costs, still leaving a potential $22 million shortfall.

The contract with the city expires, I believe, at the end of the year (I’ll have to double-check that). So the question is, will the city extend their contract again or pull the plug?

And here’s another question. “The House Appropriations Committee on Public Safety voted 13-0 for House Bill 4664, sponsored by Rep. David Leitch, R-Peoria,” the Journal Star reports. What does capital funding for a proposed museum have to do with public safety? Do these committee names have any meaning whatsoever?

Council to take up smoking ban ordinance … again

In December 2007, the city council considered passing its own local smoke-free ordinance to mirror state legislation banning smoking in public places. The motion failed because it needed the approval of a majority of the council (not merely the majority of a quorum), and a couple of council members weren’t in attendance that night. Next Tuesday, the council will try to pass it again.

The arguments are these:

  • No Smoking by lawIt should be defeated because (a) the state law is poorly written and could lead to downtown businesses getting tickets for non-patrons who happen to be smoking within fifteen feet of their entrance, and (b) the city’s police department is too busy working on more important issues to be called away to give citations for smoking violations; since the state issued this unfunded mandate, the state should enforce it. If the city passes this ordinance, they will have to pay for adjudicating the tickets, whereas if they don’t pass the ordinance, the tickets would be adjudicated by the state’s attorney.
  • It should be passed because the city would get 100% of the fine if it prosecutes under a local ordinance, and only 50% if under a state ordinance violation. Violations are complaint-driven and not high-priority, thus they wouldn’t pull any officers off their beat or cause any hardship.

The appearance of this ordinance on the agenda explains why the police department is gearing up to do raids on local bars looking for smoking scofflaws. Once this ordinance passes, it will be an opportunity for the city to start raking in some money in fines.

No smoking law hits local business

I had lunch recently at Kelleher’s Irish Pub. It’s smoke-free now, in compliance with a law that went into effect Jan. 1 in Illinois. In talking with owner Pat Sullivan, he shared that his revenues so far this year are down 12-15%, and he’s concerned. If they continue that way, he may have to start laying some people off. Isn’t it ironic that legislation that was supposed to benefit employees may instead end up costing them their jobs? Who could have seen that coming?

Peoria Chronicle now smoke-free

Smoke-Free SignIn compliance with the new Smoke-Free Illinois law, the Peoria Chronicle is now a designated no-smoking blog. Please extinguish your cigarettes and cigars while reading my blog. If you’re caught smoking within 15 feet of my blog, someone from the State of Illinois may fine us. Anyone caught blowing smoke on my blog will be asked to cease and desist by the blog owner. All ashtrays have been removed and I have a nifty new non-smoking sign (provided by the state) posted to the right, as you can see.

Happy new year!

Another creative loophole for smoking ban

Nasir Salim has found a creative way around the smoking ban. The Chicago Tribune reports that Salim “owns four Dhuwan hookah [Middle Eastern water pipe] lounges in Chicago and the suburbs that all opened within the last two years.”

He said that all four would serve only prepackaged food and soft drinks after the ban goes into effect. One lounge, in Lisle, had a kitchen, but Salim is closing the kitchen and opening a restaurant next door to the hookah lounge. “It’s fully compliant,” Salim said. “People can go eat at the restaurant, and after they’re done, come next door and smoke hookah.”

One can buy 3 Vapes at 180Smoke.ca and enjoy it in the open as smoking will still be permitted in retail tobacco stores, defined in the Smoke Free Illinois Act as, “a retail establishment that derives more than 80% of its gross revenue from the sale of loose tobacco, plants, or herbs and cigars, cigarettes, handmade glass pipe, and other smoking devices for burning tobacco and related smoking accessories and in which the sale of other products is merely incidental.” It can’t just be a section of the restaurant, but would have to be a freestanding store. Still, if you think about places where many bars are, it would not be difficult to have a restaurant/bar right next door to a freestanding tobacco store.

Since the mere consumption of food and drink doesn’t have any effect on the gross revenue of a tobacco shop, I wonder if Salim’s idea could be taken a step further. Can food or beverages be taken from one establishment to the other? Of course, you can’t take alcoholic beverages off the premises of the licensed establishment, but is there any prohibition on patrons buying food and/or non-alcoholic beverages in a restaurant, then voluntarily taking them next door to the tobacco shop to eat them while having a cigarette or cigar?

Will there be “smokeasies” in Peoria when ban takes effect?

Back in the days of Prohibition, there were still places to buy and drink alcohol: speakeasies. What’s going to happen when the smoking ban goes into effect in Illinois? I think we can expect to find the smoking equivalent of the old speakeasies popping up around town: “smokeasies.”

You can find smokeasies in other states where a smoking ban is in effect, such as Washington, Pennsylvania, and New York. You can count on finding them here, too. Well, not everyone will find them — just those who are smokers or no-snitch non-smokers who know where to look.

Sure, in the summer they won’t be necessary because smokers can use outdoor patios and beer gardens where smoking will still be allowed (at least for now). But when winter rolls around, and it’s too cold to stand outside, there will be places where the demonized smokers will be able to sit inside, in secret, and enjoy their cigarettes and beer together.

Then no doubt we’ll have to divert limited police resources from neighborhood patrols to try to root out this new class of “criminals.” Welcome to Illinois, the Land of Lincoln Nanny State.