By Jamey Dunn
A federal judge ruled today that same sex couples can now wed in Cook County.
When lawmakers approved the bill allowing same sex marriage last year, there were not enough votes to put it into effect immediately under the state's constitutional requirements, so the law’s effective date is June 1. U.S. District Judge Thomas Durkin ruled in December that couples could wed if one of them had a life-threatening illness. U.S. District Judge Sharon Johnson Coleman took things a step further with her ruling allowing all couples to get married in Cook County starting today. Coleman said that “there is no reason to delay further” on allowing gay couples to marry.
Cook County Clerk David Orr announced that his office would begin issuing marriage licenses and that the downtown Bureau of Vital Records, in the lower level of the Daley Center, will remain open until 7 p.m. today. “I’m thrilled same-sex couples who want to get married won’t have to wait any longer,” Orr said in a written statement. “We are very excited to celebrate this historic milestone with every loving couple from today onward.”
Licenses cost $60 and are valid for 60 days from the day they are issued.
Orr warned that couples who had planned to have their wedding after the June effective date of the bill should not rush to get a license now because it would expire before their wedding. The fee will be waived for couples who wish to convert their civil unions into marriages. However, Orr said those couples would have to wait until June because the court ruling did not address couples who are already in civil unions.
“Tens of thousands of Illinois couples have been waiting for a long time, some for decades, for their love, commitment and marriage to be recognized. This day — and the opportunity to finally get married — could not have come sooner,” Bernard Cherkasov, chief executive officer of Equality Illinois, said in a written statement. “We congratulate all of the couples and their families, and the people of Illinois, on this significant day.”
Gov. Pat Quinn said in a written statement in response to the ruling: “Many couples in Illinois have waited long enough for marriage equality, and today’s ruling means thousands of Illinois couples no longer have to wait. Our law is a victory for equal rights in America and shows that citizens and lawmakers can come together on issues of fairness and human rights. ... Every county across the state should enjoy the same freedom without having to wait until June.”
Showing posts with label Cook County. Show all posts
Showing posts with label Cook County. Show all posts
Friday, February 21, 2014
Tuesday, February 19, 2013
Hearing raises questions about concealed carry deadline
By Jamey Dunn
An Illinois House hearing on concealed carry of firearms today stirred up uncertainty over the need for lawmakers to pass legislation by the summer.
UPDATE: Gov. Pat Quinn said lawmakers should observe the federal appeals court's ruling and approve concealed carry legislation before the June deadline. “A federal court order is a serious matter. I take it seriously. I think we need to comply with it,” Quinn said.
A 7th U.S. Circuit Court of Appeals panel ruled that the state’s ban on carrying firearms in public is unconstitutional. In the opinion, the court gave the legislature 180 days to “craft a new gun law that will impose reasonable limitations, consistent with the public safety and the Second Amendment as interpreted in this opinion, on the carrying of guns in public” before it declares the current law unconstitutional. Attorney General Lisa Madigan has requested that the full court reconsider the case. However, since that December ruling, lawmakers have been negotiating under the assumption that if they did nothing, the state would become a concealed carry free-for-all after that deadline in early June. “What you essentially will have is that you will have very few restrictions on where you can go. If you have a [Firearm Owners Identification] card in your pocket, you will not be required to have training. You’re not going to be limited to a handgun. ... I think a lot of things happen, and I don’t think a lot of those things are necessarily good,” said NRA lobbyist Todd Vandermyde. He said that is why he and supporters of concealed carry have been trying to negotiate a bill.
But Cook County State’s Attorney Anita Alvarez’s doesn’t see things that way. “After 180 days, anyone who decided, for example, to walk down Michigan Avenue in Chicago carrying an AK-15 would be subject to arrest and prosecution for violating the [Unlawful Use of Weapons Act,]” said Cook County Assistant State's Attorney Paul Castiglione. He said the Cook County state’s attorney’s office intends to enforce the Illinois Unlawful Use of Weapons statute, which outlaws carrying guns in public, after the deadline, unless lawmakers change it or the Illinois Supreme Court finds it unconstitutional. “The lower federal courts, either the district courts or the courts of appeal, cannot tell the Illinois Supreme court how to rule or whether or not that law is constitutional. The only court that can resolve that split is the U.S. Supreme Court.”
The Illinois Supreme Court is currently reviewing another carry case, People v. Aguilar. “The real trigger for when this committee and this legislature has to act, I submit, is if and when the Illinois Supreme Court ever decides that the [Unlawful Use of Weapons] statute is unconstitutional.”
But backers of concealed carry disagree. “We don’t have 180 days from today; that was 180 days from December, should the ruling stand. This isn’t like pensions that you can kick the can down the road forever. ... When the clock runs out, if the legislature has not done anything, then those statutes are deemed unconstitutional,” Vandermyde said.
Elmhurst Republican Rep. Dennis Reboletti, a former prosecutor, said he does not agree with Castiglione’s take on the appeals court ruling. “My view of it would be that your office would not have to right to process Unlawful Use of a Weapon cases [after the deadline.]” But Northbrook Democratic Rep. Elaine Nekrtiz, who chairs the committee holding hearings on concealed carry, said that the Cook County state’s attorney’s office could be correct. “I do feel like there is some question as to that now. There has been some legal research done that would indicate that Mr. Castiglione is right. I think we need to do a little bit more checking into that and get a definitive answer.” She said the committee will continue forward with its efforts. The next hearing is scheduled to be held in Chicago on Friday. However, Nekritz added, “It certainly is something that will be critical to informing the debate.”
An Illinois House hearing on concealed carry of firearms today stirred up uncertainty over the need for lawmakers to pass legislation by the summer.
UPDATE: Gov. Pat Quinn said lawmakers should observe the federal appeals court's ruling and approve concealed carry legislation before the June deadline. “A federal court order is a serious matter. I take it seriously. I think we need to comply with it,” Quinn said.
A 7th U.S. Circuit Court of Appeals panel ruled that the state’s ban on carrying firearms in public is unconstitutional. In the opinion, the court gave the legislature 180 days to “craft a new gun law that will impose reasonable limitations, consistent with the public safety and the Second Amendment as interpreted in this opinion, on the carrying of guns in public” before it declares the current law unconstitutional. Attorney General Lisa Madigan has requested that the full court reconsider the case. However, since that December ruling, lawmakers have been negotiating under the assumption that if they did nothing, the state would become a concealed carry free-for-all after that deadline in early June. “What you essentially will have is that you will have very few restrictions on where you can go. If you have a [Firearm Owners Identification] card in your pocket, you will not be required to have training. You’re not going to be limited to a handgun. ... I think a lot of things happen, and I don’t think a lot of those things are necessarily good,” said NRA lobbyist Todd Vandermyde. He said that is why he and supporters of concealed carry have been trying to negotiate a bill.
But Cook County State’s Attorney Anita Alvarez’s doesn’t see things that way. “After 180 days, anyone who decided, for example, to walk down Michigan Avenue in Chicago carrying an AK-15 would be subject to arrest and prosecution for violating the [Unlawful Use of Weapons Act,]” said Cook County Assistant State's Attorney Paul Castiglione. He said the Cook County state’s attorney’s office intends to enforce the Illinois Unlawful Use of Weapons statute, which outlaws carrying guns in public, after the deadline, unless lawmakers change it or the Illinois Supreme Court finds it unconstitutional. “The lower federal courts, either the district courts or the courts of appeal, cannot tell the Illinois Supreme court how to rule or whether or not that law is constitutional. The only court that can resolve that split is the U.S. Supreme Court.”
The Illinois Supreme Court is currently reviewing another carry case, People v. Aguilar. “The real trigger for when this committee and this legislature has to act, I submit, is if and when the Illinois Supreme Court ever decides that the [Unlawful Use of Weapons] statute is unconstitutional.”
But backers of concealed carry disagree. “We don’t have 180 days from today; that was 180 days from December, should the ruling stand. This isn’t like pensions that you can kick the can down the road forever. ... When the clock runs out, if the legislature has not done anything, then those statutes are deemed unconstitutional,” Vandermyde said.
Elmhurst Republican Rep. Dennis Reboletti, a former prosecutor, said he does not agree with Castiglione’s take on the appeals court ruling. “My view of it would be that your office would not have to right to process Unlawful Use of a Weapon cases [after the deadline.]” But Northbrook Democratic Rep. Elaine Nekrtiz, who chairs the committee holding hearings on concealed carry, said that the Cook County state’s attorney’s office could be correct. “I do feel like there is some question as to that now. There has been some legal research done that would indicate that Mr. Castiglione is right. I think we need to do a little bit more checking into that and get a definitive answer.” She said the committee will continue forward with its efforts. The next hearing is scheduled to be held in Chicago on Friday. However, Nekritz added, “It certainly is something that will be critical to informing the debate.”
Friday, October 30, 2009
Veto session wrap-up and goodbye
By Bethany Jaeger
This will be my last post as Illinois Issues Statehouse bureau chief. I am moving on to the private sector to be a management consultant with a Springfield-based firm. Thank you for reading and and for sharing a string of unbelievable experiences with me during the past four years.
Campaign finance
SB 1466 Individuals, businesses, unions, associations and political committees would be limited in the amount of money they could donate to candidates each election cycle, under a measure approved by both chambers along partisan lines. Legislative leaders and political parties, however, are only limited in the amount they can contribute to candidates in primary elections, not general elections. While reform advocates considered the limits on top political party officials as a compromise and a starting point, Republicans denounced the bill as “business as usual” by consolidating political power in the hands of the few.
In addition to contribution limits, which would be applied on a graduated scale depending on the entity donating and on the candidate’s race, the reform package also aims to improve transparency and enforcement. Candidates would have to report contributions and expenditures four times a year, as opposed to the current twice a year. Donations of $1,000 or more would have to be reported within two to five business days year round. The Illinois State Board of Elections would gain new ability to conduct random audits and investigate potential violations. A task force would study the effectiveness of the implementation of the new law, as well as the feasibility of public funding of political campaigns. Read more details in last night's post.
Recall amendment
HJRCA 31 As part of the fallout from the impeachment of then-Gov. Rod Blagojevich, voters will be asked on the November ballot whether to change the state Constitution to give them the power to remove a sitting governor. Placing the referendum on the ballot required legislative approval, which was received in August. At least 60 percent of voters in the 2010 general election would have to vote “yes” to amend the Constitution. If approved, then individuals seeking to remove a governor in the future would have to gather a certain number of signatures (15 percent of the votes cast in the last gubernatorial election) before voters could be asked whether to remove the sitting governor. Also, 20 House members and 10 Senate members from both political parties would have to sign off on a recall proposal from citizens.
MAP grant funding
SB 1180 Gov. Pat Quinn restored $205 million to Monetary Award Program, which offers financial aid to nearly 138,000 low-income college students. As part of more than $2 billion in budget cuts this fiscal year, Quinn initially did not fully fund the so-called MAP grants to cover an entire school year. The administration authorized spending for only one semester, creating panic among higher education students who relied on the grants. Quinn toured the state to pressure the legislature to approve restoring the funding, and the General Assembly complied in October. However, neither the governor nor the legislature approved a way to pay for the $205 million needed. Quinn said he would seek new revenue sources after January, when fewer votes would be necessary for approval. The move comes on the heels of an updated projection that the state will collect nearly $900 million less than anticipated.
Legislative pay raises
SB 2090 Legislators last spring approved a measure that would change the way legislators get pay raises and would require them to take four unpaid furlough days, as well as forfeit their annual cost-of-living raises this fiscal year. Quinn changed the measure to permanently end automatic cost-of-living raises. The Senate overrode the governor’s change. If the House does the same, the original changes would take effect. If the House does not agree to override the governor’s changes, the entire bill would die so that none of the changes would take effect.
Cemetery oversight
SB 1471 All cemetery owners, managers and employees, including those who are hired to trim trees or maintain cemetery grounds, would have to register with the state and carry identification cards to prove their clearance to work on site. Owners, managers and all employees who had direct contact with customers also would have to go a step further by becoming licensed by the state and subjecting themselves to criminal background checks. The bill is in response to regulatory gaps exposed during in the Burr Oak Cemetery scandal last summer (see Illinois Issues, September 2009, page 13). Bodies buried in the historic African-American cemetery in Alsip were moved and dumped into a mass grave in an alleged scheme to resell gravesites. The bill would consolidate all regulatory oversight to the Illinois Department of Financial and Professional Regulation and require cemetery maps, plats and burial records to be maintained and publicly available. Family burial grounds, inactive cemeteries and cemeteries smaller than 2 acres would be exempt to the new rules.
Cook County governance
HB 4625 Cook County Board members would need fewer votes to override a board president’s veto. If signed into law by the governor, overriding the Cook County Board president would require a three-fifths majority rather than a four-fifths majority, or 11 out of 17 votes rather than 14 votes. It would be effective immediately, contrary to Cook County Board President Todd Stroger’s wishes that it would be effective after his current term ends in December 2010.
HB 4624 An effort to repeal Cook County’s penny-on-the-dollar sales tax increase failed during veto session. Board President Todd Stroger enacted the sales tax hike from 0.75 percent to 1.75 percent in February 2008. Estimated to generate about $400 million for county coffers, the tax has been criticized for making Chicago’s total sales tax rate one of the highest in the nation. County board members have repeatedly tried to repeal the tax increase over Stroger’s veto but have failed to meet the four-fifths majority required.
Free rides for seniors
SB 941 All senior citizens, regardless of income, will continue to receive free ridees on mass transit systems throughout the state. An attempt to roll back the program started by former Gov. Rod Blagojevich, failed to advance in the Senate. The bill would have ended the free rides for seniors age 65 and older other than for those who are low-income and qualify for the state’s Circuit Breaker program, and it would have reportedly saved $37 million for cash-strapped transit agencies in the Chicago area.
Governor’s budget address
HB 1409 Legislators denied the governor from moving his annual budget address to March, which he requested to give more time for his new budget director, David Vaught, to assess the state’s fiscal status. The governor must propose a budget in February, unless the legislature changes the date.
GOP leadership
SB 600 The Illinois Republican Party will not have to change the way it elects its State Central Committee members, which are internally elected. A measure to change the system to allowing the public to elect committee members failed to gain the supermajority of votes needed in the House. Fewer votes would be needed if the issue came up again after this month.
This will be my last post as Illinois Issues Statehouse bureau chief. I am moving on to the private sector to be a management consultant with a Springfield-based firm. Thank you for reading and and for sharing a string of unbelievable experiences with me during the past four years.
That said, the legislature completed its annual fall veto session and won't be back until January 12. After that week, it's not scheduled to be back until early February. Read a summary of substantive measures below.
Campaign finance
SB 1466 Individuals, businesses, unions, associations and political committees would be limited in the amount of money they could donate to candidates each election cycle, under a measure approved by both chambers along partisan lines. Legislative leaders and political parties, however, are only limited in the amount they can contribute to candidates in primary elections, not general elections. While reform advocates considered the limits on top political party officials as a compromise and a starting point, Republicans denounced the bill as “business as usual” by consolidating political power in the hands of the few.
In addition to contribution limits, which would be applied on a graduated scale depending on the entity donating and on the candidate’s race, the reform package also aims to improve transparency and enforcement. Candidates would have to report contributions and expenditures four times a year, as opposed to the current twice a year. Donations of $1,000 or more would have to be reported within two to five business days year round. The Illinois State Board of Elections would gain new ability to conduct random audits and investigate potential violations. A task force would study the effectiveness of the implementation of the new law, as well as the feasibility of public funding of political campaigns. Read more details in last night's post.
Recall amendment
HJRCA 31 As part of the fallout from the impeachment of then-Gov. Rod Blagojevich, voters will be asked on the November ballot whether to change the state Constitution to give them the power to remove a sitting governor. Placing the referendum on the ballot required legislative approval, which was received in August. At least 60 percent of voters in the 2010 general election would have to vote “yes” to amend the Constitution. If approved, then individuals seeking to remove a governor in the future would have to gather a certain number of signatures (15 percent of the votes cast in the last gubernatorial election) before voters could be asked whether to remove the sitting governor. Also, 20 House members and 10 Senate members from both political parties would have to sign off on a recall proposal from citizens.
MAP grant funding
SB 1180 Gov. Pat Quinn restored $205 million to Monetary Award Program, which offers financial aid to nearly 138,000 low-income college students. As part of more than $2 billion in budget cuts this fiscal year, Quinn initially did not fully fund the so-called MAP grants to cover an entire school year. The administration authorized spending for only one semester, creating panic among higher education students who relied on the grants. Quinn toured the state to pressure the legislature to approve restoring the funding, and the General Assembly complied in October. However, neither the governor nor the legislature approved a way to pay for the $205 million needed. Quinn said he would seek new revenue sources after January, when fewer votes would be necessary for approval. The move comes on the heels of an updated projection that the state will collect nearly $900 million less than anticipated.
Legislative pay raises
SB 2090 Legislators last spring approved a measure that would change the way legislators get pay raises and would require them to take four unpaid furlough days, as well as forfeit their annual cost-of-living raises this fiscal year. Quinn changed the measure to permanently end automatic cost-of-living raises. The Senate overrode the governor’s change. If the House does the same, the original changes would take effect. If the House does not agree to override the governor’s changes, the entire bill would die so that none of the changes would take effect.
Cemetery oversight
SB 1471 All cemetery owners, managers and employees, including those who are hired to trim trees or maintain cemetery grounds, would have to register with the state and carry identification cards to prove their clearance to work on site. Owners, managers and all employees who had direct contact with customers also would have to go a step further by becoming licensed by the state and subjecting themselves to criminal background checks. The bill is in response to regulatory gaps exposed during in the Burr Oak Cemetery scandal last summer (see Illinois Issues, September 2009, page 13). Bodies buried in the historic African-American cemetery in Alsip were moved and dumped into a mass grave in an alleged scheme to resell gravesites. The bill would consolidate all regulatory oversight to the Illinois Department of Financial and Professional Regulation and require cemetery maps, plats and burial records to be maintained and publicly available. Family burial grounds, inactive cemeteries and cemeteries smaller than 2 acres would be exempt to the new rules.
Cook County governance
HB 4625 Cook County Board members would need fewer votes to override a board president’s veto. If signed into law by the governor, overriding the Cook County Board president would require a three-fifths majority rather than a four-fifths majority, or 11 out of 17 votes rather than 14 votes. It would be effective immediately, contrary to Cook County Board President Todd Stroger’s wishes that it would be effective after his current term ends in December 2010.
HB 4624 An effort to repeal Cook County’s penny-on-the-dollar sales tax increase failed during veto session. Board President Todd Stroger enacted the sales tax hike from 0.75 percent to 1.75 percent in February 2008. Estimated to generate about $400 million for county coffers, the tax has been criticized for making Chicago’s total sales tax rate one of the highest in the nation. County board members have repeatedly tried to repeal the tax increase over Stroger’s veto but have failed to meet the four-fifths majority required.
Free rides for seniors
SB 941 All senior citizens, regardless of income, will continue to receive free ridees on mass transit systems throughout the state. An attempt to roll back the program started by former Gov. Rod Blagojevich, failed to advance in the Senate. The bill would have ended the free rides for seniors age 65 and older other than for those who are low-income and qualify for the state’s Circuit Breaker program, and it would have reportedly saved $37 million for cash-strapped transit agencies in the Chicago area.
Governor’s budget address
HB 1409 Legislators denied the governor from moving his annual budget address to March, which he requested to give more time for his new budget director, David Vaught, to assess the state’s fiscal status. The governor must propose a budget in February, unless the legislature changes the date.
GOP leadership
SB 600 The Illinois Republican Party will not have to change the way it elects its State Central Committee members, which are internally elected. A measure to change the system to allowing the public to elect committee members failed to gain the supermajority of votes needed in the House. Fewer votes would be needed if the issue came up again after this month.
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