Tag Archives: State of Illinois

State of Illinois

Ethics Commission wages outrageous

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Brad McMillan — the guy who, at a public meeting, falsely accused me of spreading misinformation — has been appointed to the Illinois Executive Ethics Commission. As a commissioner, he will get $36,000 of our tax money. That’s a typical full-time annual salary for working men and women across Illinois. What do you think he’ll have to do to acquire that much of our hard-earned money?

Answer: Attend twelve meetings per year. That’s right. “Ethics” commissioners get $36,000 a year for the punishing job of attending one meeting a month to conduct hearings, prepare information materials, provide guidance, and receive reports — you know, the kinds of things that local planning and zoning commissioners do for free.

Meanwhile, the unemployment rate in Illinois is 10%, and state funding for schools is second to last in the nation. But we have $36,000 to hand over to the politically connected to judge the ethics of others.

Paying a state commissioner a year’s salary for a few hours of work is an outrage. Making such expenditures to the already employed in the middle of a recession/depression is downright immoral. But evidently, it’s ethical… at least, according to Illinois.

State of Illinois

Illinois Senate redistricting hearing at noon today

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From a press release:

PEORIA, IL— The Senate’s Redistricting Committee will meet Tuesday [Sept. 22] in Peoria to continue a series of subject-matter hearings regarding how Illinois should best approach its redistricting process. The hearing will include proposals for changing the current redistricting process in Illinois.

State Senator Kwame Raoul (D – Chicago) currently chairs the Senate’s Redistricting Committee. Amidst a fury of reform ideas on various subjects in the closing weeks of the legislative session, Raoul made it clear that the process – which only happens every 10 years – needed to be addressed free of distractions in a comprehensive manner. Since that time, Raoul has convened a series of subject matter hearings, with his fellow committee members, to take on this unique subject.

“Thus far committee members have learned new information about how redistricting processes across the country are conducted,” Raoul said. “This further proves the need for a comprehensive review.”

With all of the myths and spin regarding the upcoming redistricting process, Raoul aimed the first meeting of the committee at informing legislators and the public on the basics of the redistricting process. The hearing included an overview of the history of Illinois redistricting, census data and the legal requirements for redistricting.

The second hearing of the committee included an overview of redistricting legal principles and requirements. The hearing also included testimony on a review of the redistricting process in other states.

“We need to approach this in a workman-like manner. We need to be intellectually honest and try to do the best thing for the state,” Don Harmon, a member of the Senate’s leadership said.

Despite an ongoing push for a constitutional amendment to be voted on hastily, Raoul and Harmon remain steady to their commitment for a comprehensive review.

“We need to remember that some of today’s critics were yesterday’s cheerleaders, when they were in the majority and controlled the redistricting process. We need to be mindful that we don’t rush into a reform that’s not really reform but instead simply rearranges partisan advantages,” Harmon added.

During the last redistricting process, Senate Republicans were responsible for legislative maps which have drawn criticism from those familiar with the process. These districts include the obscure 17th Congressional District map which was sponsored by Senator Kirk Dillard, a Republican from Hindsdale.

Dillard now joins his fellow Republican colleagues Dale Righter, J. Bradley Burzynski and Dan Rutherford as they attempt to fix the gerrymandered maps they created during the last redistricting process.

An agenda was included with the press release, but it was in the form of an encrypted PDF file that doesn’t allow you to copy the text and paste it into another document or post. Also, did you notice that the press release doesn’t say where or what time the meeting will be held? All we know is that it’s today in Peoria. Helpful. If that’s any indication of the competence of these people to execute redistricting in Illinois, heaven help us.

The meeting is at noon in the Hartmann Center Theatre, Bradley University, 1453 St. James.

City Council, City of Peoria, State of Illinois, Taxes

City Attorney says nothing more can be done to protect against erroneous sales tax collection

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Back in July, I reported on some overtaxing that was taking place in Peoria. I discovered first-hand that when businesses erroneously charge too much sales tax, the citizen who is overcharged pretty much has to fend for himself to get reimbursed.

A communication from the city’s legal department to the city council more or less confirms that state of affairs. Councilman Gary Sandberg had requested that the city draft an ordinance that would impose penalties on businesses that collected more sales tax than they are statutorily authorized to collect. The memo to the council is in response to Sandberg’s request.

In a nutshell, the memo states that sales tax collection is handled at the state level — the city has no power to enforce collection or impose penalties for collecting the wrong amount (whether too little or too much). A plain reading of state statutes confirms this, unfortunately. However, City Legal then goes on to state:

A review of the State sales tax statutes, however, reveals that, in fact. there is a specific provision, 35 ILCS 120/2-40, which provides that purchasers are entitled to refunds from retailers who erroneously collect Retailers’ Occupation Tax and further provides that any erroneously collected tax not refunded must be forwarded to the Illinois Department of Revenue. 35 ILCS 120/2-13 provides for civil and criminal penalties for those who file fraudulent returns, who collect Retailers’ Occupation Tax and do not forward it to the Illinois Department of Revenue and who do not properly collect the tax. In short, the State sales tax statutes cover the field for civil and criminal penalties for sales tax violations.

The thrust of this and subsequent paragraphs, as I see it, is to assure the council that citizens are adequately protected by state law, and thus a local statute would not be needed even if it were permitted (which it’s not). But I would argue that it’s not adequate. Yes, 35 ILCS 120/2-40 does provide that, if the seller collects too much sales tax, “the purchaser shall have a legal right to claim a refund of that amount from the seller.” But this puts the onus on the purchaser to prove to the seller that they collected the wrong amount in the first place.

That might be easy if dealing with a local merchant (of course, a local merchant probably wouldn’t make that mistake in the first place), but when dealing with an out-of-town company, the local manager will generally give you a blank look and say, “the sales taxes are put in the computer by our corporate office.” So then you have to try to contact the corporate office, and the red tape only gets worse from there. Bottom line: it’s not worth your time to fight it unless you’ve purchased a big-ticket item and the difference in tax is significant.

Furthermore, the civil and criminal penalties listed under 35 ILCS 120/13 (not 35 ILCS 120/2-13, which doesn’t exist) only covers deliberately fraudulent acts and the failure to remit to the state all sales tax money collected. It doesn’t cover a situation like the one that happened in Peoria in July. We already knew that because I called the state and was basically told that as long as the business is remitting the money, the state isn’t going to do anything to correct the problem. It falls on the citizen to call the business and somehow convince them that they’re charging the wrong tax rate.

And that’s where this system falls apart. When you, Joe Citizen, complains that a business is charging the wrong tax rate, you are the one who has to prove it. From personal experience this year, I can tell you that the seller is going to defend the tax rate the store is charging. They get official documents from the home office in Chicago or Minnesota or wherever that says the tax rate is X, and by golly, the tax rate is X. Why should they listen to you? You’re probably just uninformed or a general complainer about how high taxes are.

There has to be a way for official notification to be sent to places that are charging the wrong tax rate. The city did do that this past month in order to clear up confusion with a number of businesses. But there is no policy in place that would require the city to do that. I would argue that they only did it because of the media spotlight that was put on the issue, because they certainly didn’t offer to do that for me when I complained, before the story got picked up by the local mainstream media.

If nothing else can be done (and that appears to be the case), the city should at least establish a procedure wherein citizens can notify the city of erroneous tax charges, and the city will notify the company of the correct rate. Someone needs to go to bat for the citizens of Peoria. Why shouldn’t it be the City?

City Council, City of Peoria, State of Illinois

State law prohibits council from taking cut in pay

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Last November, the City Council approved raising their salaries from $12,000 to $14,000 per year. This year, they wanted to see if they could lower their salary to help show solidarity with the city staff members who may be asked to forgo raises (or some other kind of salary concession) in order to help plug the city’s projected $10 million deficit.

But wouldn’t you know? State law prohibits it. “There is absolutely no action which the Council can take to achieve any change in the salaries of elected officials,” says the communication from Interim City Manager Henry Holling. At least, not until after the next election.

It’s funny how state law works. Sometimes, as in this case, it’s presented as immutable. Other times, it’s not so big of a hurdle — like when the City wants to change the rules as to who can serve on the council, or when the school district wants access to Public Building Commission bonding power so they can circumvent the voters. It’s mesmerizing how fast state law can be changed in certain circumstances, but not in others.

State Legislation, State of Illinois, Technology

Texting while driving? How about reading Electronic Billboards?

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Reading through the new Illinois law set to take effect next year, I got to wondering, will it be against the law to read electronic billboards?, a car wreck attorney could be useful if you have any problems with the law in regards this matter.

The National Safety Council reports that cell phone use while driving leads to 1.6 million crashes each year. Nearly 390,000 injuries occur each year from accidents caused by texting while driving. 1 out of every 4 car accidents in the United States is caused by texting and driving. Learn more via localaccidentreports.

“Electronic communication device” means an electronic device, including but not limited to a wireless telephone, personal digital assistant, or a portable or mobile computer while being used for the purpose of composing, reading, or sending an electronic message, but does not include a global positioning system or navigation system or a device that is
physically or electronically integrated into the motor vehicle.

“Electronic message” means a self-contained piece of digital communication that is designed or intended to be transmitted between physical devices. “Electronic message” includes, but is not limited to electronic mail, a text message, an instant message, or a command or request to access an Internet site.

(b) A person may not operate a motor vehicle on a roadway while using an electronic communication device to compose, send, or read an electronic message.

An electronic billboard (EBB) is an “electronic device” by the statute’s definition, and an “electronic message” is certainly being transmitted from the advertising agency to the EBB. Such devices are used by persons operating motor vehicles on roadways to read electronic messages. Hmmm…. I don’t know about you, but I don’t think I’d take a chance next year. Keep those eyes on the road.

Admittedly, I’m saying this partially tongue-in-cheek. But on the other hand, we really should follow the logic on this one. Why is texting while driving bad? Because it causes “distracted driving.” And distracted driving is bad because it takes a person’s attention off the road, which is self-evidently dangerous when you’re propelling a 4,000 pound piece of machinery down a ribbon of road up to 65 miles per hour.

In fact, the New York Times reported just a couple weeks ago that a new Virginia Tech study “found that when the drivers texted, their collision risk was 23 times greater than when not texting.” I found this paragraph particularly interesting:

In the moments before a crash or near crash, drivers typically spent nearly five seconds looking at their devices — enough time at typical highway speeds to cover more than the length of a football field.

Now, think about EBBs. What is their purpose? As a Federal Highway Administration report put it, “Commercial EBBs are designed to ‘catch the eye’ of drivers.” In other words, their purpose is to distract drivers from focusing on the road and instead focus on the EBB for some period of time. The report states, “Their presence may distract drivers from concentrating on the driving task and the visual surrounds.” If distracted driving is dangerous (which is the basis for the no-texting-while-driving law, mentioned at https://www.hornsbywatson.com/injury-law-blog/night-driving-accidents-in-alabama), these billboards put the motoring public at risk by design. Those who got injured in truck accidents may seek truck accident law services to help them fight for their rights and get the compensation they deserve. A wrongful death lawyer, on the other hand, can help whose lost a loved one in a fatal road accident.

A 2006 National Highway Traffic Safety Administration report found that “glances totaling more than 2 seconds for any purpose increase near-crash/crash risk by at least two times that of normal, baseline driving.” Presumably, the longer a driver is distracted, the higher the risk. So how many seconds does a person spend looking at an electronic billboard?

Critics point out that the brightness of EBBs add to their distraction, because the human eye is naturally drawn to the brightest object in its field of vision. This and the constant changing of images makes EBBs more distracting than regular billboards. More research is being done, and we’ll no doubt see calls for curbing these devices in the future.

The funny thing is, outlawing EBBs would actually do something to reduce driver distractions, whereas banning texting while driving will not. Why? Because the texting ban is completely unenforceable. For instance, it doesn’t apply to global positioning systems, so if you have your trusty iPhone with a texting app and a GPS app, how is a policeman supposed to prove you were texting and not just getting directions? He would have no way of knowing. The only time fines will be meted out for this new crime is after an accident has already occurred and transmission records get subpoenaed, which is to say, it won’t actually prevent an accident from happening. navigate here to find a lawyer that will stand by your side and defend your rights.
So what’s the point of passing this legislation? Why, because it feels good! Don’t you feel better knowing it’s illegal? Our legislators sure do. And they hope you’ll feel so good about it you’ll forget that they weren’t able to pass a balanced budget or do any number of other things they were supposed to do down in Springfield.

Peoria County, Taxes

Unhappy taxpayers should follow appeals process

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The Peoria Times-Observer is reporting that a bunch of North Peoria residents are “upset with the practices of the Peoria County Board of Review” and may file a lawsuit. Among those upset are realtors Michael Maloof and Brian Monge and county board member Bob Baietto.

One member of the group, who requested to be anonymous, said it appears the only way to affect change is a lawsuit.

“What it comes down to is politics,” he said. “I was incredibly naive. I thought we could win this by going through channels and giving them proof. I was wrong. We need to make noise. We need to find more people who are mad.”

The remaining members of the group agreed. A consensus was reached that efforts now need to concentrate on finding an attorney who can advise the group on what grounds they can use to sue.

Of course, the politics runs both ways. Some members of the county board attempted to resolve the situation by removing two Board of Review members: Gary Shadid and Nancy Horton. Having failed in that attempt, they’re now looking at a possible lawsuit.

But here’s my question: Have they indeed gone through all the channels, as was implied? Or have they only gone as far as the local Board of Review? According to a state publication called “The Illinois Property Tax System,” there are a couple of ways to appeal the decision of the local Board of Review:

  • The decision may be appealed (in writing) to the Property Tax Appeal Board, a five-member board appointed by the governor. The Property Tax Appeal Board will determine the correct assessment based on equity and the weight of the evidence. Taxes must be paid pending the outcome of the appeal.
  • The taxes can be paid under protest and the county board of review’s decision can be appealed directly to the circuit court by filing a tax objection complaint. Taxes and levies are presumed to be correct and legal, but this presumption can be rebutted. The taxpayer must provide clear and convincing evidence.

If the Board of Review’s actions are so unfair, then it should be a cinch to get them overturned on appeal. A large number of successful appeals could then be used as evidence of the local Board of Review’s alleged poor decisions and presented to the full County Board for appropriate action. On the other hand, if the decisions are upheld on appeal, then the local Board of Review will be exonerated.

Bottom line, the complainants should follow the appeals process, not resort to political and/or legal strong-arm tactics to force the Board of Review to render decisions in their favor.

State of Illinois

Redistricting reform long overdue

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I am so glad to see that a reform panel is working on the issue of redistricting. My preference for reform is this one:

One recommendation would be to model the process after Iowa, which turns redistricting over to an independent body and a computer programmed to be blind to party and incumbency. Iowa doesn’t use the number of Democrats or Republicans who live in an area in redistricting. As a result, its districts are much cleaner, compact, contiguous and politically competitive.

They say a picture paints a thousand words, so just take a look at the congressional districts in Illinois and compare them to Iowa:

il_cd2002

ia-congress-color

I rest my case.

State of Illinois

Press release: “Koehler Thinks Quinn’s Budget Is a Good Start”

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From a press release:

State Senator David Koehler (D-Peoria) believes that Governor Quinn’s budget proposal will provide a good base for negotiations.

“Governor Quinn has included some things in this budget that the state has desperately needed for a long time,” said Koehler. “I’m particularly happy to see a capital plan that includes road repair for Peoria, Tazewell, and Fulton Counties. We need to repair Illinois’ aging infrastructure.”

According to the Governor’s office, the capital construction plan will cost approximately $26 billion and create as many as 340,000 jobs. The proposed plan includes both new construction and repairs, targeted at roads and bridges, schools, and mass transit. It also includes investments in green technology, Illinois-based energy sources, and economic development.

“Another area I’m pleased about is education,” said Senator Koehler. “The budget proposal contains an increase in money for K-12 education. We need to do all we can to ensure Illinois students can compete with their peers nationwide, even in these tough economic times. This increase may not be as high as we’ve provided in the past, but given the state’s financial woes, it’s still a positive step.”

The Governor’s proposal also includes a number of initiatives to enhance revenue. One initiative is an income tax increase of 1.5%, accompanied by higher exemptions to protect low-income families. The Governor also suggests increasing a number of fees.

“I think Governor Quinn’s tax proposal is a good starting point,” said Koehler. “It’s clear that we are going to have to do something to increase revenue. It’s hard to say exactly what form tax and fee increases will take, but knowing that the Governor is committed to protecting low and middle income Illinoisans is reassuring.”

Senator Koehler lauded several of the Governor’s other commitments.

“The Governor has promised to make sure the state pays its bills on time,” said Koehler. “Our failure to provide timely reimbursements to doctors, hospitals, and other vital service providers has been a huge disappointment. A prompt payment schedule will help ensure Illinois citizens receive quality services and keep businesses and facilities open. I also like Governor Quinn’s idea of a 10-day sales tax holiday to help families afford back-to-school shopping. When we vote on a final budget, I hope it includes measures that help struggling families.”

Peoria County, State of Illinois

Did Peoria County break ethics law by conducting survey?

27 Comments

Recently, Peoria County did a web-based survey regarding the proposed downtown museum with this explanation:

Your Peoria County Government is interested in your opinion regarding public funding of the Peoria Riverfront Museum. Museum partners have requested public funding to complete the project, so the County Board must decide whether to proceed with a referendum to increase the sales tax rate one quarter of one percent. Your participation in this brief survey will help with that decision.

And as part of its “National Citizen Survey” in 2008, it asked this question:

The Peoria Riverfront Museum project – with a focus on education, history, arts, and sciences – has fallen short of its public and private fundraising goals. To what degree would you support or oppose a voter referendum to increase the sales tax rate by .25 percent (for example, from 8.0% to 8.25% for the City of Peoria) to fund the remaining cost of constructing money?

The question is, can the county do this — legally? The municipal code (as required by state law under 5 ILCS 430) appears to prohibit this kind of political activity. Sec. 2-29(b)(1) and (2) states, “No officer or employee shall intentionally perform any prohibited political activity during any compensated time, as defined herein.” There’s a whole list of what is considered “prohibited political activity,” but here’s the one about surveys from Sec. 2-29(a) [emphasis mine]:

Prohibited political activity means [. . .] (5) Surveying or gathering information from potential or actual voters in an election to determine probable vote outcome in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question.

Isn’t this precisely what the county has done? The web survey and the National Citizen Survey question are clear attempts to determine the probable vote outcome of a sales tax referendum for the museum. They were both done at county expense, on county time, by county employees. What service does this provide citizens of the county? None that I can see. The only thing it appears to provide is taxpayer-funded market research for the museum group.