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CICI Legisletter - February 5, 2010 February 5, 2010
Volume 24 - Issue 3

BRADY UP BY @400 VOTES, HYNES CONCEDES
 
Press reports from as early as this morning have Republican State Senator Bill Brady of Bloomington up by approximately 400 votes against his primary opponent, fellow State Senator Kirk Dillard (R-Hinsdale). If these totals hold up, Senator Brady and Republican Lt. Governor candidate Jason Plummer will face off against current Governor Pat Quinn, as State Comptroller Dan Hynes conceded the election yesterday morning. The Democratic nominee for Lt. Governor is currently Scott Lee Cohen, who beat out a crowded field of candidates Tuesday night. Cohen may not remain on the ticket with Quinn much longer as revelations about Cohen’s sordid past have come to light as recently reported in the media.  
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ILLINOIS SUPREME COURT STRIKES DOWN MED-MAL CAPS
 
The Illinois Supreme Court yesterday struck down limits on jury awards in medical malpractice cases. The law was enacted 5 years ago to address skyrocketing malpractice insurance costs and doctors exiting the state in droves, particularly in the vote-rich Democratic area of Metro-East St. Louis.

The court ruled that the caps on pain and suffering and other non-economic damages at $500,000 per case for doctors and $1 million for hospitals are unconstitutional. This decision upholds a 2007 ruling by a Cook County Circuit Court determining that the law violated the state’s Constitution’s separation of powers clause, because lawmakers interfered with the right of juries to determine fair damages.

This is actually the third time the court has thrown out limits on certain types of awards, having declared similar laws unconstitutional in 1976 and 1997.

Perhaps needless to say, this is a blow to physicians, hospitals and insurers, but also terrible timing for many Democrats as they head into an already tumultuous campaign year.

As a result of these new caps, liability insurance rates for Illinois doctors generally have held steady or dipped slightly, helping to stop the exodus of physicians leaving the state.
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CICI GENERAL MEMBERSHIP MEETING MARCH 11
 
On March 11, CICI will be hosting a General Membership meeting to specifically focus on the potential shutdown of the Chicago locks and what we can do to stop the closure. Arguably the greatest threat to the long-term viability of many chemical facilities and storage terminals is the potential closure of access to Lake Michigan from the Chicago waterways.
 
It’s been estimated that over $17 billion worth of product annually moves between the Lake Michigan and the Chicago waterways. Many CICI members are located along the Chicago waterways, the Des Plaines and Illinois Rivers specifically because of barge access to the Great Lakes and Mississippi River.
 
At the meeting, we’ll have Bill Bolen of USEPA Region V who has a considerable authority on this issue as well as representatives from the US Coast Guard and American Waterways Operators (Barges) Association.
 
In addition, the meeting will also cover OSHA’s Global Harmonization Effort for labeling and classification of chemicals & OSHA’s National Emphasis Program; Overview of DHS’s new Personnel Surety Requirements; and Hidden Agendas: How Dubious Motives Can Lurk Behind Environmental Issues. There will also be an afternoon Legislative and Regulatory Affairs Committee meeting, which will cover many political, legislative, and regulatory issues the industry is facing.
 
For more information and to register, follow this link:
 
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ANTIFREEZE BILL HEADS TO HOUSE FLOOR
 
An agreed bill between the U.S. Humane Society and CICI-member, the Consumer Specialty Products Association (CSPA), to mandate a bittering agent (denatonium benzoate) be added to ethylene glycol antifreeze manufactured and sold in the state, passed unanimously yesterday in the House Consumer Protection Committee and now heads to the House Floor for further consideration. The measure, HB 4722 (Feigenholtz, D-Chicago), also requires manufacturers to maintain a record of the trade name, scientific name, and active ingredients of any bittering agent used and to make such information available to the public upon request. This proposal further provides that subject to certain exceptions, a manufacturer, processor, distributor, recycler, or seller of an engine coolant or antifreeze that is required to contain an aversive agent shall not be liable to any person for any personal injury, death, property damage, damage to the environment, including natural resources, or economic loss that results from the inclusion of this bittering agent. 
 
Due to the nature of these specific liability protections, the Illinois Trial Lawyers Association is currently opposed to this bill.
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INTRODUCED LEGISLATION
 
Listing of Chemicals of High Concern
This measure, HB 5338 (May, D-Highland Park), provides that by July 1, 2010, the Department of Public Health, after consultation with the IEPA, generate a list of chemicals of high concern and priority chemicals that are in children’s consumer products. The bill also authorizes the Director of the IEPA to accept donations, grants, and other funds in order to generate this list. It also allows the state to cooperate with other states in an interstate chemicals clearinghouse regarding chemicals in children’s consumer products.
 
Energy Efficiency Tax Credits
This bill, HB 5380 (Holbrook, B-Belleville), creates the Efficient and Green Illinois Tax Credit Act, authorizing the Department of Commerce and Economic Opportunity (DCEO) to award income tax credits based on 25% of the cost of qualifying expenditures for energy efficient projects, such as solar energy equipment, Energy Star certified heat pumps, lighting retrofit projects, and wind equipment. The bill also allows the credit to be carried forward for up to 5 taxable years.
 
EDGE Tax Credit – Employment Levels
This proposal, HB 5470 (Farnham, D-Elgin), amends the Economic Development for a Growing Economy (EDGE) Tax Credit Act, requiring tax credit agreements between the DCEO and applicants to contain a provision requiring the applicant to maintain, beyond the period during which it receives the EDGE tax credit, employment payrolls at an agreed upon level. If employment payrolls are not maintained at that level for the specified term, then the taxpayer must pay an administrative penalty to the DCEO and will not, until having paid that penalty, be eligible for credits against obligations imposed by the Illinois Income Tax Act.
 
Manufacturing Jobs Tax Credits
This piece of legislation, HB 5209 (Brady, R-Bloomington), creates the Manufacturing Job Destination Tax Credit Act, providing for a credit of 25% of the Illinois labor expenditures made by a manufacturing company in order to foster job creation and retention, meeting certain labor expenditure requirements.
 
Water Loans
This measure, HB 5226 (Holbrook, D-Belleville), amends the Environmental Protection Act, authorizing funds in 2 of the 3 special programs in the Water Revolving Fund to be used to make direct loans and provide subsidies for certain specified purposes and authorizes funds in the Loan Support Program to be used to finance water pollution control projects. The bill also authorizes funds in Public Water Supply Loan Program to be used to make direct loans and provide subsidies to eligible local government units and privately owned community water supplies for certain purposes.
 
Climate Change Accountability
This proposal, HB 5180 (Winters, R-Shirland), creates the Climate Accountability Act, requiring state agencies to provide certain information before making an expenditure intended to reduce greenhouse gas emissions. To accomplish this, DCEO is required to regularly conduct audits to ensure that climate expenditure contractors are meeting certain standards and penalties may be imposed against them if those standards are not met, possibly jeopardizing funding for climate expenditures.
 
Enterprise Zone Tax Credits
This bill, HB 5199 (Cavaletto, R-Mt. Vernon), increases the jobs tax credit for a trade or business located in an enterprise zone to $2,500 for each eligible employee hired to work in the enterprise zone. This credit is currently only $500.
 
Green Services and Products Tax Credit
This legislation, HB 5028 (Sente, D-Vernon Hills), creates a green services and products tax credit equal to 6 1/2% of the increased income over the prior tax year received from the provision of green services and the production of green products. This credit may also be carried forward for 5 years.
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ENVIRONMENTAL ENFORCEMENT SEMINAR THIS TUESDAY
 
On February 9 CICI will be hosting an Environmental Enforcement seminar at the Willowbrook Holiday Inn.
 
Some of the issues to be covered include Priorities and Views from the IEPA; Individual
Liability under the Illinois Environmental Protection Act; Federal Prosecution of Environmental Crimes; USEPA Region V Civil Enforcement Priorities; Anatomy of a Criminal Investigation from USEPA Perspective; and Criminal Investigations: A View from the Defense.
 
This will be an excellent opportunity to hear from the U.S. Attorney’s Office, Illinois Attorney General’s Office, IEPA, USEPA and Mayer Brown on the environmental enforcement issues important to industry. 
 
For more information, please see the notice below or visit: http://www.cicil.net/events/calendar/event.asp?EVENT_ID=37& to register.
 
If you have any questions, please contact the Des Plaines office at 847/544-5995.
 
 
Please note that the Chemical Industry Council of Illinois Legislator is not intended to convey legal advice or set forth all legal requirements applicable to particular circumstances.
 
Headquarters: 1400 E. TOUHY AVE., SUITE 110, DES PLAINES, IL 60018 · TEL :(847) 544-5995 · FAX :(847) 544-5999
Springfield: 400 W. MONROE, SUITE 205, SPRINGFIELD, IL 62704 · TEL :(217) 522-5805 · FAX :(217) 522-5815
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400 W. Monroe, Suite 205
 Springfield, IL 62704
Tel: 217 522-5805 • Fax: 217 522-5815

1400 E. Touhy Ave, Suite 110
Des Plaines, IL 60018
Tel: 847 544-5995 • Fax: 847 544-5999