Monday, May 21, 2007 - Posted by Capitol Fax Blog Advertising Department
The following is a paid advertisement
Insurance companies are leading a propaganda campaign against SB 1296.
SB 1296 is not about “deep pockets,” but merely responds to a recent Appellate Court case that creates a legal loophole allowing negligent manufacturers, reckless construction companies and even drunk drivers to dodge their responsibility when their negligence injures or kills someone.
Opponents of SB 1296 are hoping that recent Appellate Court case will overturn 21 years of legal practice, allowing wrongdoers to shift responsibility for their negligence to individuals and small businesses who have long ago been dismissed as defendants from a lawsuit, by placing their name on jury verdict forms and encouraging juries to assign damages against them.
Insurance companies falsely claim that dismissed defendants have always appeared on jury verdict forms. Not true, says the St. Louis Post-Dispatch:
“Historically, juries have not been allowed to consider settling defendants when figuring out percentages of fault, since 1986, when that portion of the civil liability code was written.” (4/23/2007)
Before you buy into the “Deep Pockets” propaganda, keep in mind that 88% of all tort cases in Illinois are for $50,000 or less (Illinois Supreme Court annual report).
* The Metropolitan Mayors Caucus, a group founded by Chicago Mayor Richard M. Daley, is set to propose raising the income tax on “people” from 3 percent to 5 percent and hike the corporate income tax rate from the current 4.8 percent to 8 percent, according to Southtown columnist Phil Kadner.
The group wants to raise $7 billion in new revenue with $2.1 billion earmarked to increase the per pupil foundation level and another $3 billion set aside for property tax relief. […]
“Specifically, the principles call for having the State of Illinois fund at least 51 percent of the cost of funding education in a way that guarantees an increase in education funding from year to year; reducing the reliance on local property sources as a source of funding; and directing a significant portion of new state education dollars to provide greater state funding to under-funded school districts by raising the per pupil foundation level.” […]
However, the memo states, “… the caucus is open to other funding mechanisms, such as combining a lower income tax increase with either a sales tax increase or an expansion of the sales tax base.” […]
The mayors’ proposal sets aside millions in new dollars for special education funding, as well as early childhood education. It also earmarks $500 million to alleviate the deficits in the pension funds for state and City of Chicago teachers.
The plan calls for a better data system to measure student gains and determine teacher and principal effectiveness. It outlines a streamlined process for dismissing inadequate teachers. It proposes a statewide group to drive an Illinois education agenda going forward. It establishes financial rewards for excellent teachers and schools.
Also included: intensive mentoring and induction programs for teachers and principals; financial training for school board members; easier routes to alternative teaching certification for career-switchers; an expansion of the number of charter schools permitted in Illinois; and better reimbursement to districts for costly special education programs.
The plan calls for a pool of money schools could tap if they spend it on research-proven, high-impact strategies: reduced class sizes; smaller schools; longer school days and school years; and parent involvement programs.
* More tax and spend items, compiled by Paul…
* Editorial: Universal health care fails political litmus test
* Expert says nationwide system could save health care
* Editorial: Budget rhetoric leaves us with too many questions
* FOP President: Invest in ‘preschool for all’ for a more secure future
* Uncertainly rules in Springfield as officials face tough issues
Last week, my intern Paul wrote a brief bit for the Capitol Fax about the lessons he’s learned so far this year. Paul will be with us through August, but I thought it would be a good time to get his impressions about the Statehouse scene.
He did such a good job that I asked him to expand the piece and then used it in my syndicated newspaper column. Go read the whole thing, but here are some excerpts…
After four months under the tutelage of Rich Miller, I’ve been blessed to experience more of the Springfield process than many get in a lifetime. I learn a dozen new things each day. […]
Elected office still is very much a family affair. As I continue to meet more politicians, I have learned that, more often than not, their back story includes a father, uncle, cousin or close mentor who themselves were elected or were actively involved in the process. That reality is no different than in any other profession. Parents help their sons and daughters by pulling strings all the time. But correctly or not, the public outcry over political nepotism is more than that for all other occupations combined.
At the end of the day, most people involved in the process get along quite well. Republicans and Democrats share poker games, dinners, deep conversations, jokes and family vacations. Before I got here, I had bought into the notion of two distinct groups of elephants and donkeys locked in a constant and personal battle. Now I realize that party here is like eye color — often ignored and hard to determine unless looking closely.
Money doesn’t dictate everything, but it does most things. The issues that draw the most legislative bloodshed and attract the lobbying kings are those that involve cash: deciding who gets more at who’s expense. The vast majority of contentious bills are pieces of the never-ending fiscal battle royal between the big interests, from hospitals and lawyers to insurance companies and unions. The Statehouse is a large machine fueled by hundred of bills determining who wins money and who loses money.
Public service attracts more criticism and less praise than any other position. No matter what issue or official is involved, critiques will outnumber compliments at least 5 to 1; it is often even more lopsided. […]
It is genuinely difficult for the average citizen to affect policy-making. I have witnessed the steady drum of Statehouse rallies and have been struck with the pessimistic feeling that “none of this really matters.” From education funding to electric rate relief, I can’t help but notice that these decisions don’t hinge on how many posters are displayed, chants are belted or feet are stomped. The problems are complex, and the solutions are even more complex. Only a few individuals truly know why things happen the way they do. Ninety-nine point nine percent of Illinoisans will never know.
With everything else going on - sky-high electric bills, huge gasoline prices, talk of tax hikes and legislative pay raises, etc. - this story, entitled “Nothing but the best — on taxpayers’ tab,” will undoubtedly be the talk of the town…
A $38,000 clock. Four-hundred-dollar doorknobs. Redecorated bathrooms for state legislators and staff — more than $444,000.
Those are among the hidden costs of a multimillion-dollar makeover of the Illinois House and Senate with opulent showpieces re-creating the look of the chambers in the late 1800s. […]
A Madigan aide said planners set out in painstaking detail to re-create the original look of the chambers. Historic renovation is inherently expensive, the aide said, and this work should last decades. […]
“I can’t think of a worst possible, frickin’ time for them to be doing this,” said Jay Stewart, the Better Government Association’s executive director. “Pay raises for us, gridlock for everyone else. And, by the way, we’ll have really nice bathrooms.”
Other expenses include automated window shades in the House that cost $15,128, a custom-made brass clock in the Senate that cost $38,582 and 27 custom-made doorknobs bearing the state seal that cost $405 each.
Even so, I am a bit surprised at the Sun-Times’ online reader “poll,” which found that not even 60 percent of respondents thought the expenditures were a waste…
As of 5 p.m. Sunday, a total of 35,762 votes were cast in an online survey that asked if the project was “a fitting tribute to history or a government waste.”
Nearly 60 percent of those who voted declared it a waste. The rest who voted indicated that the price is right.
Considering the way the article was written and the type of people who participate in online surveys of this nature (normally, only the angry ones might be expected to register their opinions), I’d expect that number to be way higher.
As early as May 22, Crist is expected to sign the Florida Legislature’s plan to move up the Sunshine State’s 2008 presidential primary to Jan. 29, leapfrogging a critical mass of states gravitating to primaries on what’s becoming known as “Super-Duper Tuesday” on Feb. 5.
“Keep your mouth shut and your ears open. If you learn your trade, you get more done,” said Ald. Bernard Stone (50th), the City Council’s 79-year-old elder statesman.
Forgot to close comments last night, so everyone had a little extra opportunity to vent. I’ll talk at ‘ya Monday, but in the meantime head to Illinoize. Bethany Carson of Illinois Issues’ blog has a must-read weekly legislative roundup. Then again, all of Illinoize is a must-read.
“First, I wanted to talk about local issues that the larger sites just don’t address. I wanted to talk about Don Moffitt. I wanted to talk about the county sheriff elections and the state’s attorney’s office,” he said. “Second, I wanted to try and get a local perspective on national issues - the national issues that really hit home.”
Also, Zapwater Communications has a new blog. The Illinois PR firm says the effort is doubling traffic to the company’s main website. They’ll be blogging at Illinoize soon.
And finally, from Marie at Disarranging Mine blog, a photo of the governor’s mansion.
Marie’s cutline: “Well hidden and in need of some serious tree trimming. No one lives there. Fifth and Jackson, Springfield, Illinois.”
The World Series trophy was at the Statehouse again, this time for the St. Louis Cardinals, who took the big prize last fall.
There was a big celebration yesterday at the Statehouse and this hilarious quote from Cardinals President Mark Lamping during a speech to the Illinois House…
“We do have more in common with Cubs fans than people think,” he said. “Until last October, neither team had won a world championship since they moved into their new stadiums.”
Ha!
The Cards moved into their new stadium in 2006. The Flubs moved into their “new” stadium in 1914.
Getting on a ballot in DuPage County could get a bit tougher if a plan proposed by state Rep. Bob Biggins, an Elmhurst Republican, becomes law.
The proposal would require candidates for county office to collect either 300 petition signatures or an amount equal to one-half of one percent of those who voted for their party in the last election, whichever is greater.
Members of the DuPage County government were concerned the current requirements to get on the ballot were too low given the county’s growing population. For instance, a Republican candidate for DuPage County Board District 1 in 2006 needed only 73 signatures to get on the ballot.
The question: Is this a prudent proposal? Also, should potential candidates have to show at least some ability to garner support before they appear on a ballot? Why or why not?
Remember Howard Ludwig, the Daily Southtown columnist who got a FOID card for his baby? Well, Ludwig’s hilarious column describing the process has created a bit of a stir…
A Southland lawmaker will draft legislation to revoke the exemption in Illinois’ trigger lock law that allows homeowners to keep unlocked, loaded guns in a home if the children have Firearm Owners Identification cards.
The little-known aspect in the state’s gun law was revealed this week by Daily Southtown columnist Howard Ludwig, who legally obtained a firearm identification card for his infant son. […]
Ludwig, the Southtown’s Stay-at-Home Dad columnist, wrote in Sunday’s paper about getting such a card for his 11-month-old namesake son, better known as “Bubba.” The baby’s grandfather gave him a shotgun as a gift, and Ludwig wanted to see if the state would issue him the $5 ID card. […]
“The issue today that Bubba Ludwig got a FOID card, that’s a minor problem compared to the issue that gun owners who want to avoid the law can pay a $5 fee and then they don’t have to comply with gun safety laws,” Scully said. “I don’t think requiring people to use gun locks is an unreasonable intrusion on gun owners’ rights.”
The loophole was discovered when Ludwig got an e-mail from John Birch, the former president of Concealed Carry Illinois…
In his e-mail, Birch included pictures of FOID cards for his two children. His son was 15 months old when he got a card. His daughter was 8 years old.
Anyone owning a firearm or ammunition in Illinois must have a FOID card. The card is also needed to legally transport an unloaded weapon.
However, Birch had a different reason for getting his kids FOID cards. He wanted to “keep a loaded gun (or two) for self defense around the house.”
Illinois law requires parents with children younger than 14 years old to keep guns in a locked safe or use a gunlock that makes the weapon inoperable.
Meanwhile, there’s a move afoot to close other loopholes in the state’s gun laws…
Invoking the memory of last month’s massacre at Virginia Tech, a panel of Illinois lawmakers unanimously approved a proposal to “close loopholes” in the state’s gun laws.
If approved, the measure would force the state to contribute information to a federal gun database. Further, it would extend the list of people prohibited from buying a firearm to include mental outpatients judged to be a threat to themselves or others.
Ann Spillane, chief of staff in the Illinois attorney general’s office, said the state’s current database, which is maintained by Illinois State Police, includes only those patients who have received in-patient mental health treatment. […]
Todd Vandermyde, the National Rifle Association’s Springfield lobbyist, was on hand for the vote but offered no opposition during debate before the Senate Public Health Committee.
* Kevin McDermott of the Post-Dispatch has a top-notch report today on a bill that cleared the Senate and is now heading to the governor. Here are some excerpts, but you really should go read the whole thing to see just how good this story is. Pretty much every Illinois Statehouse reporter does a good job when their editors take off the shackles, and McDermott was obviously allowed to pursue several angles on this legislation…
Illinois lawmakers on Thursday passed a measure that lets jurors consider the grief and sorrow of survivors when deciding payouts in wrongful death lawsuits — a move that promises to reopen political wounds from the state’s medical malpractice battle of two years ago. […]
llinois now allows jurors to consider several factors when deciding how much to award plaintiffs who prevail in wrongful death suits. Factors include actual damages such as loss of income, as well as “noneconomic'’ damages such as the loss of love, comfort and other intangibles by the survivor-plaintiffs.
The new legislation would add heartache to that list of intangibles, allowing jurors to consider “damages for grief, sorrow, and mental suffering, to the surviving spouse and next of kin of such deceased person.'’ […]
Opponents say the change could prompt juries to go right up to the top award limits in more cases — and could lead to a rash of astronomical awards if those limits are eventually removed by the courts.
During debate over the proposal, which narrowly passed the Senate 31-23, Raoul and other lawmakers brought up a 2001 Illinois law, under which people could collect damages for mental suffering over the wrongful death of a pet.
“That’s ridiculous, and that’s hypocrisy,” Raoul said regarding a lack of similar treatment for humans. “We can get grief and sorrow for cats and dogs, but not people?”
The Illinois State Medical Society opposed the plan, claiming it would increase medical malpractice insurance premiums. Other critics say Democrats and trial lawyers are merely trying to get around recently enacted caps on pain and suffering damages in lawsuits by expanding the situations in which someone can sue.
* I told subscribers about this letter in an “extra” yesterday afternoon. The Tribune had a piece today…
Fifteen Democratic senators on Thursday demanded that lawmakers tackle school funding reform this session while gambling advocates renewed their pitch that more casinos would help solve the state’s budget problems.
Sen. Kimberly Lightford (D-Maywood), who leads the Senate Education Committee, is among the coalition of black, white and Hispanic lawmakers from across the state who signed a statement saying that any talk of a “no-growth budget is off the table.”
* The letter is below. Click the pic for a larger image…
* Excerpt…
We will not be party to a betrayal of the people who elected us on a promise to bring education funding reform by voting for a no-growth budget. How can we Democrats work to gain a super-majority in the Senate, control the House of Representatives and control the governor’s mansion and not use this trust bestowed upon us by the people to bring education funding reform?
* Sen. James Meeks circulated the letter yesterday. Southtown columnist Phil Kadner has some quotes…
Meeks also said the governor would be breaking a personal promise to him if he supported such a scheme.
“When I withdrew from the governor’s race (in 2006), Gov. Blagojevich promised he would pass school funding legislation if re-elected,” Meeks said.
“If he signed a no-growth budget, I would consider that a betrayal of his promise to me and the people of Illinois.”
* Meeks also told Kadner that he is against expanding casino gaming in Illinois, saying “We may as well legalize brothels.”
“Brothels are legal in Nevada, just like gambling,” Meeks said. “They would bring in a lot of tax revenue, if that’s the intention. Then every little school girl in Illinois could one day aspire to becoming a prostitute.”
* We also have some raw audio of Meeks talking about the letter and gaming, courtesy of the fine folks at Metro Networks…
[audio:JamesMeeks.mp3]
* Excerpts…
“It doesn’t even have to be an income tax… Let’s put all the combs that [Blagojevich] combs his hair with on eBay.” […]
“He said during the summertime he was going to sell the Lottery for education. That plan seems to be gone off the table.” […]
“We’re at the point where somebody should start discussing how absurd the system is of waiting until the last 15 days to get serious. We’ve been here now for four months? Why would be just down to the serious discussion of the budget?”
Speaker Michael Madigan (D-Chicago) is sifting through surveys aimed at determining whether his caucus would support any type of tax increase and how much his troops believe should be spent in next year’s budget.
I also wrote about this survey in yesterday’s Capitol Fax. Since the Tribune reported on it, here’s a copy of the survey for your perusal…
Notice that there’s no category in the survey of House Democrats for the governor’s health insurance proposal.
* The funniest item of the day has to be the Tribune’s mockery of Gov. Blagojevich in an editorial that compares him to a Monty Python character.
Over the last decade, the state’s flagship university system has raised the cost of an education by more than 250 percent — five times the rate at which Americans’ incomes grew during that period and eight times the rate of inflation.
* U o f I freshman will be paying $18,900 per year
The expiring cap law allows homeowners to deduct up to $20,000 from the taxable value of their home, which is used to compute their annual property tax bill. Houlihan backs a version that would increase that maximum deduction to $60,000 per year.
Madigan wants the “cap on the cap” to stay at $20,000