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Monday, February 8th, 2010
Now that the Indianapolis Colts have lost the Super Bowl (31-17), I can let you know what else is on tap for this week…
In the race to challenge Evan Bayh, you would think that former U.S. Senator Dan Coats was already in the race the way the ads have been popping up all over the place. The most damning one in my opinion is the You Tube clip where he says he had no intention of ever returning to Indiana. Yikes!
Also expect U.S. Senate candidate Don Bates, Jr. to file on Thursday. His campaign tells me they have the signatures to get on the ballot. No word yet from the other candidates.
Things are getting interesting in two of Indiana’s Congressional races. State Rep. Mike Murphy put out a poll last week saying only 28% of GOP voters think 5th District incumbent Dan Burton should be re-elected. The other challengers all had support in the teens and more than 40% of the voters were undecided. That does not bode well for the incumbent. But 28% support is still better than 16% support.
In the 4th District I’m hearing State Senator Mike Young may get in the race. Already Secretary of State Todd Rokita and State Senator Brandt Hershman are gunning for the job. If Young gets in, how can I say this politely, he will corner the market on the intellectually challenged vote.
I’ll be checking to see how things play out in the Indiana House of Representatives now that Democrat Chet Dobis has been stripped of his leadership position and just how far will he go to vote his conscience on matters. As accurately pointed out on Frugal Hoosiers, if Dobis decides to play hardball he can block any party-line measure from happening because the Democrats would only have 50 votes, which is not enough to pass anything. Democrats only had a 52-48 majority and State Rep. Dennie Oxley, Sr. is out with health issues. Do the math.
The candidates keep piling on the race to fill the spot on the Indianapolis City-County Council being vacated by Republican Kent Smith. So far the list of possible candidates includes Aaron Williams, son of Deputy Mayor Olgen Williams, Jackie Cissel, Daniels administration aide at FSSA, local businessmen Angel Rivera and Chris Douglas and former CIB board member Dorothy Henry. All bring unique qualifications to the job, but what I think is more interesting is that you have three African-Americans, two of which are women, a Hispanic and an openly gay man. This is definitely not your father’s Republican Party.
Speaking of City-County Councilors, I would be surprised if there is a formal statement this week from Jim Voyles regarding Councilor Lincoln Plowman, who is under investigation but no one is quite sure exactly for what. Plowman has not spoken publicly but on his Facebook page he offered thanks to everyone who has offered their support and told them “Please do not believe everything that you hear or read from the news media sources.” Plowman does not plan to step down from the Council.
Expect Mitch Daniels legal counsel Mark Massa to formally enter the race for Marion County Prosecutor today. Slating for both the Democrats and Republicans is this weekend. I’m debating which one to hit. The Republicans actually have a contest for Sheriff. The Democratic slating contest was over before it began. I’ll be checking the energy and enthusiasm of both crowds.
Also expect a report to come out this week on mass transit in Central Indiana. Whereas previous reports have ended up mothballed on the shelf, this one, I’m told, might actually have some teeth behind it.
That’s what I’m watching this week. There’s a lot more I could add to the list but 635 words is more than enough for Monday morning.
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Thursday, February 4th, 2010
Is it my imagination or has this week just been non-stop politically?! Here’s the latest…
City-County Council Member Lincoln Plowman is on administrative leave from IMPD pending an internal investigation. It’s unclear exactly what Plowman is under investigation for, but it appear its is related to his duties as a Council Member. According published reports Plowman has hired attorney James Voyles, a clear indication of whatever this is, it’s serious.
Speaking of Council, At-large Council member Kent Smith is stepping down. Smith is taking a new active-duty position with the National Guard and according to new Department of Defense rules, it would be difficult for Smith to serve in that position. According to county party rules a caucus must be called within 30 days to fill the vacancy. So far the names mentioned include Aaron Williams, son of deputy Mayor Olgen Williams, former Capitol Improvement Board member Dorothy Henry, local businessmen Chris Douglas and Angel Rivera.
Indianapolis Public School students will only get an hour off the Monday after the the Super Bowl. IPS officials tried to start school with a two-hour delay, but the Department of Education said two-hour delays are only good for emergencies and the Super Bowl is not an emergency and students would have to make up the day. You would have thought someone would have checked first.
Expect an announcement soon about the Republicans’ choice for the Marion County Prosecutor.
5th District Congressional candidate Mike Murphy has put out a new poll showing only 28% of the Republican voters in the district think incumbent Dan Burton should be re-elected. When asked which candidate had the best chance at beating Burton, Murphy and John McGoff were tied at 16%. Luke Messer comes in with 15% and Brose McVey with 11%. The poll also shows 43% of the voters are undecided on who they want to replace Burton.
And there appears to be a backlash against a Dan Coats run for the U.S. Senate. On his Facebook page, Conservative State Senator Mike Delph says while he respects Dan Coats, he says Coats’ opportunity to run against Evan Bayh was back in 1998 and he chose to walk away. Delph also says the other candidates are working hard and the GOP nomination must be earned.
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Wednesday, February 3rd, 2010
Although Uncle Sam wants you to be a census taker, but not a lot of people want to take Uncle Sam up on his offer. The census needs about 45,000 people to be census takers in Indiana, but they are having the hardest time finding anyone.
For example, a good friend was in one of the area malls recently and saw two people taking applications for census work, but no one was taking them up on their offer. Another friend told me the story of a woman who had not one, but two interviews with the census and canceled both of them.
Correct me if I’m wrong, but I don’t think becoming a census worker is all that difficult. You take a test, bring your paperwork call it a day. There’s even a practice test on the Internet so you can sharpen your skills before you go in and take the exam. The pay is $12-$15 an hour. You won’t get rich, but you won’t starve either.
With unemployment around 10%, you would think people would be clamoring to get a decent job, albeit only temporary. This has me reaching one of two conclusions. First, the economy is not as bad as everyone thinks it is. Second, maybe a good number of the people who are out of work shouldn’t have been in the workforce in the first place.
By the way, if you know somebody who could use a census job, they should call the U.S. Census at 1-866-861-2010 or log on to the website for the U.S. Census .
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Monday, February 1st, 2010
Here are a few political items to start you day off right…
4th and Rokita?
I’m hearing from reliable sources, again, that Indiana Secretary of State Todd Rokita is very likely to run for the Republican nomination for the 4th Congressional District. Steve Buyer announced Friday he was not seeking another term because of his wife’s health. Rokita has about $300,000 in cash on hand and very good relations with a lot of the county clerks in the area which will be crucial to any campaign. I’m also hearing State Senator Brandt Hershman is also likely to give it a try as well.
5th District Finances
The money reports are starting to come in for the 5th Congressional District. Incumbent Dan Burton raised more than $145,000 in the last quarter and has about $460,000 in cash on hand. Challenger Mike Murphy reportedly raised about $30,000 this quarter and had about $173,000 on hand. I’m told Brose McVey raised about $31,000 and had $62,000 in cash on hand. John McGoff raised about $30,000 and has about $77,000 on hand. Luke Messer raised about $106,000 this quarter and has about $285,000 in the bank. And if you’re keeping count, the challengers raised about $197,000 to Burton’s $145,000.
In Case You Wondering
Anyone looking to challenge Evan Bayh better start raising some mad cash real quick. His latest campaign filings show he raised more than $300,000 in the last quarter and has about $13 million in cash on hand.
There are some more items I’m working on today so check back this afternoon for an update.
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Friday, January 29th, 2010
It’s nice to be back after a day trip to the Land of Lincoln. I had a few things waiting for me upon my return so I figured I’d share them with you.
Early Retirement?
There is talk this morning that an Indiana Congressman is going to announce his retirement today. There’s no word on exactly who it is, however 4th District Congressman Steve Buyer does have an announcement this morning at IU hospital in Indianapolis.
Bar Wars V
Legislation in the House that would have changed the way alcohol is sold and distributed in Indiana all but died on the vine yesterday. House Speaker Pat Bauer did not call down a bill for second reading which would have forced alcohol wholesalers to reimburse another wholesaler who lost its supplier contract to that wholesaler. Supporters say the bill was necessary to protect Hoosier jobs and wholesalers from predatory practices. Opponents said the bill was a bailout for National Wine and Spirits and would have created a virtual monopoly for National and resulted in higher prices. Sources say the Speaker was annoyed how the issue had gotten out of control and wanted to make it go away. However, the legislation could still come back in the form of an amendment to another bill.
Yes, Massa
My very reliable sources are telling me that Marion County Democrats are scared to death of Mark Massa, the General Counsel for Governor Mitch Daniels, running for County Prosecutor. Incumbent Carl Brizzi is not seeking a third term and Helen Marchal dropped out of the race. What worries Democrats is that Massa would have access to the Daniels political operation. In 2008 , Barack Obama got nearly 100,000 more votes than John McCain in Marion County, however Mitch Daniels received about 50,000 more voters than Jill Long Thompson.
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Wednesday, January 27th, 2010
It never fails, the day I have to go back to Illinois and practice law is the day anything and everything breaks lose. Let’s do a quick run down…
Pence off the Fence
6th District Congressman Mike Pence has decided to make my political pundit life a lot less interesting by deciding not to run for the U.S. Senate against Evan Bayh. He cited making Republicans the majority in the House of Representatives as one of his priorities. I also think it was the fact he would have had to gather thousands of signatures and have them certified in about three weeks also played a role. Anyone who has ever had to gather signatures for a statewide race knows it is nowhere as easy as it sounds.
Marchal Marches On
Republican Helen Marchal is getting out of the race for Marion County Prosecutor. In an e-mail to GOP supporters Marchal said “I was faced with a major decision impacting myself and my family (including my three children, under the age of 7), with a deadline of less than 48 hours. On further reflection and consideration of the sobering realities of a condensed, nine-month campaign, for personal reasons, I thought it best to withdraw my candidacy.”
I have no reason to doubt Marchal’s motives, however I’m also hearing Democrats were going to go after her husband who is active in Democratic politics had she stayed in the race. GOP Chairman Tom John says a committee will be put together to seek a new candidate and it will be headed by former prosecutor Scott Newman. I wonder if any of the conspiracy theorists will throw their hats in the ring and run for the job and finally put their money where their mouths frequently are.
Bar Wars IV
Indiana lawmakers meet today to discuss legislation that would change the way alcohol is sold and distributed in the state. Part of the bill mandates any wholesaler who gets a contract from a supplier must reimburse the previous wholesaler for any lost business. I spoke with some supporters of the bill and they say it is not about protectionism but equity. They argue that large wholesalers can manipulate competition in Indiana and engage in predatory practices so the legislation is needed to level the playing field. They also argue the plan will result in loss jobs and fewer taxes being collected. The House will hear the bill at 8:30 this morning. The Senate will hear a similar bill this afternoon.
I’m off the Land of Lincoln. Talk to you tomorrow.
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Tuesday, January 26th, 2010
Supporters of a measure that would change the way alcohol is sold and distributed in Indiana admit changes will have to be made to the legislation amidst growing opposition from a number of places.
Currently, the bill requires an alcohol wholesaler to be reimbursed if they lose a contract with a supplier to another wholesaler. The subsequent wholesaler would have to pay the previous entity the fair market value of any revenue loss to the previous distributor.
Bill sponsor, Scott Pelath says the bill was necessary to provide “stability” to Indiana’s alcohol market and that it is not uncommon for Indiana to provide some protection for franchises which it heavily regulates, like gambling. However, critics say the measure would have been the equivalent of forcing one casino to pay another every time it lost a customer to another casino.
In Indiana National Wine and Spirits controls between 60-70 percent of the market; a virtual monopoly. The Governor’s office has no official position on the measure, however sources tell me when the bill was first brought to his attention he reportedly said he did not want to see anything that would stifle economic development in the state. In addition House Speaker Pat Bauer, I’m told, got an earful from a number of groups who oppose the legislation, including labor unions a key Democratic constituency.
Despite the growing uproar, the only amendment introduced to alter the legislation does not remove the monopoly language. Similar measures were either held to be unconstitutional in other states or lawmakers repealed the bills after alcohol prices soared and there was an outcry from the public.
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Monday, January 25th, 2010
Editor’s Note: If you haven’t read the post, Bar Wars, you may want to do that first before going through this one.
As I wrote Sunday, there is legislation pending in the Indiana General Assembly that could potentially give a virtual monopoly on alcohol distribution to one Indiana company, thus leading to potential higher prices and a serious court challenge on Constitutional grounds.
The company, National Wine and Spirits, sent an e-mail out to its customers asking them to support HB 1191, which would force an alcohol wholesaler who gets a contract from a supplier to reimburse the previous holder of that contract for any lost business. I obtained a copy of the e-mail. Here is it…
What YOU can do to help keep Southern Wine & Spirits out of Indiana
Friends,
Over the past 37 years, National Wine & Spirits has earned successes that I could never have imagined – all at the hands of a terrific and committed team. Some of you have been with us from the very beginning, others have just recently joined. All of you are important members of the National family.
As you are probably aware, Southern Wine & Spirits is actively trying to enter the Indiana market, steal our suppliers, and put us out of business. We are doing everything possible to fight them off. Currently, we are driving legislation (Senate Bill #244 & House Bill #1191) that will help level the playing field in wine & spirits wholesaling, making it much more difficult for Southern to lure our suppliers away.
We hope everyone will “click” their support, and pass on the link to friends, family, and customers. We will use this (the votes and the comments) with the legislature at different times during the session – starting as soon as next week, so please take a moment to rally for the cause, sign the petition and spread the word. Names of those who sign on will not be made public.
Nothing is more important to us than the well-being of our people. We must show the state legislature that Indiana citizens want to keep this business headquartered and continuing to serve Indiana like no other.
Sincerely,
Jim LaCrosse
As I mentioned in my previous post, it’s one thing if an alcohol supplier and retalier put a provision in a contract that if it’s terminated, one party must reimburse the other. It’s another thing to make that a government mandate by etching that provision into state law.
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Monday, January 25th, 2010
Is the Indiana General Assembly attempting to pass a bill that would create an illegal and possible unconstitutional monopoly when it comes to alcohol sales in the state? It depends on who you ask. A coalition of alcohol-related businesses say “yes” others say it’s a way to protect Hoosier jobs.
Under current Indiana law, alcohol is sold and distributed through a three-tier system of suppliers, wholesalers and retailers. Suppliers are companies like Jack Daniels or Anheuser-Busch InBev. Wholesalers are companies like National Wine and Spirits. Retailers are your local bar or liquor store. Because of laws dating back to the end of prohibition, a supplier can’t sell directly to a retailer; they can only sell to a wholesaler who then sells to a retailer.
The largest wholesale distributor in the state is National Wine and Spirits which controls between 60-70% of the wholesale market. However there are other companies that want to get in on the action and have been talking to suppliers about picking up their business and distributing their product. And that’s where the controversy starts.
This week lawmakers are slated to hear in committee HB 1191. The legislation would, among other things, require a wholesaler who gets a contract with a supplier to pay the previous holder of that contract “fair market value” for the rights to distribute alcohol within the state. In other words if a supplier has an agreement with one wholesaler, another wholesaler comes along and offers a better deal, the second wholesaler must reimburse the first wholesaler for any money it will lose because of the new contract.
Critics say not only does the legislation prohibit a supplier from contracting with a second wholesaler, but it could also create a virtual monopoly for a wholesaler. Unless a second wholesaler can meet their price for breaking the contract, the first wholesaler is guaranteed the supplier’s business and that would lead to higher prices for the consumer because now the wholesaler can raise prices with no fear of repercussion. Supporters of the measure will argue that such a bill is needed to protect jobs. They say if a wholesaler has invested the time and money in building a business, they should not have to suffer a loss simply because a supplier wants a better deal.
This is all very similar to what happened in my home state of Illinois more than 10 years ago. Illinois has a similar alcohol distribution system to Indiana. Back then lawmakers passed a bill prohibiting a supplier from canceling, failing to renew or terminating an alcohol agreement with a wholesaler without “good cause”. The legislation led to a more than 20% increase in the price of alcohol and things got so bad a federal judge put an injunction on the law saying it violated both the Commerce and Contract Clauses of the U.S. Constitution. Illinois lawmakers eventually had to repeal the law. Similar laws have been repealed, vetoed or declared unconstitutional in Arizona, Texas, Massachusetts and Nebraska.
There has been a fierce battle taking place behind the scenes at the General Assembly with thousands of dollars being spent and virtually every lobbyist who is available being gobbled up for this fight. It’s unclear what the outcome of the measure will be. I frankly have a hard time seeing how it would stand up to Constitutional muster if it passes. It is one thing for two parties to have a clause in a contract where if one commits a breech, the breeching party pays damages. It’s an entirely different matter when the government steps in and mandates the winner of an agreement reimburse the loser.
HB 1191 is scheduled to be heard on Wednesday in the House Policy Committee.
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Friday, January 22nd, 2010
I’ve got some work to do today so I’ll just throw out a few issues for you to discuss amongst yourselves, hopefully in an intelligent manner.
- Schools say it would cost millions of extra dollars to do remedial education for 3rd graders who don’t know how to read. Correct me if I’m wrong, but isn’t it the schools job to teach children how to read, so why should it cost extra for them to do their jobs?
- Every Indiana politico and his mother is hoping for an Evan Bayh/Mike Pence match up, but has anyone asked when is the last time either candidate had to face a real, serious, credible challenger?
- The U.S. Supreme Court has lifted restrictions on corporations and unions and their abilities to spend money on political campaigns. Has everyone forgotten that while money helps win elections, it’s candidates who usually rise and fall on their own abilities?
- Indiana lawmakers are moving forward with legislation that would allow employees to take guns to work as long the weapon remains locked in the vehicle. Whatever happened to private property rights?
- Got any questions of your own?
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