2^nd Amendment Legislation Heating Up Springfield

This week around the state capitol there was quite a bit of discussion regarding firearms and citizens guaranteed Second Amendment rights.  There were a couple pieces of concealed carry legislation, one which passed out of committee and one that has been shelved until next year, but maybe the most significant firearm conversations were taking place hundreds of miles away in Washington D.C.

The United States Supreme Court heard arguments in a significant 2^nd Amendment case last week, McDonald vs. Chicago.  The case, brought by Chicago resident Otis McDonald, challenges the constitutionality of Chicago’s nearly thirty year-old hand gun ban.  In 2008 the Supremes ruled in favor of 2^nd Amendment supports by classifying Washington D.C.’s handgun ban unconstitutional.  This essentially ruled that federal jurisdictions had no right to tell law-abiding citizens that they could not own a handgun, thus setting the stage for challenges to local and state laws of similar fashion.  Mr. McDonald presented the most commonsense argument; the thugs breaking the law and terrorizing his neighborhood are illegally armed, so shouldn’t the law-abiding citizens at least have a chance to protect themselves in their own home by owning a firearm.  As he said, “a level playing field.”

The Supreme Court signaled that they agreed with McDonald, with two justices referring to the right as “extremely important” and part of “fundamental character.”  The five justices who previously struck down D.C.’s handgun ban seemed poised to rule that the right to bear arms should be extended to individuals nationwide.  The court is expected to release their final decision in June later this year. Continue reading »

Legislation Affecting Future Elections Moving Through Capitol

Last week there were a couple proposals which could make for some significant changes to future elections here in Illinois.  The bills, which moved through both House and Senate Committees, would act to make changes to our current primary date and the office of Lieutenant Governor.  Most of the proposed changes to current election law are in response to controversies which arose during the recent February 2^nd primary.

• House Joint Resolution Constitutional Amendment 50 would act to eliminate the office of Lieutenant Governor beginning in 2015.  This is most likely in response to the Democrat Lieutenant Governor nominee who, shall we say, had some unsavory behavior come to light after winning the nomination.  It is said that the elimination of the office could save the state over $2 million in operational costs.
• House Bill 5820 would require Governor and Lieutenant Governor Candidates to run as a team during primary elections.  Again, this is likely in response to the Democrat Lt. Governor nominee who has since withdrawn from the race.  Current law allows for Governor and Lt. Governor Candidates of the same party to be voted on separately in the primary election.  A Governor candidate would be required to have a Lt. Governor on his ticket in order to run for Illinois chief executive.
• House Bill 4964 would move the primary date for the general election from the first Tuesday in February, to the third Tuesday in March.  Continue reading »

Some Notable Proposals Moved through the House

Last week brought about some notable action on legislation in the Illinois House.  Up until recently most business conducted at the state capitol had been confined to committee hearings; however that changed as bills have begun to be debated and passed in the House.

There were some notable pieces of legislation that made there way through the House, and below is a short description of each.

• House Resolution 843 urges the United State Congress to immediately enact legislation that extends tax incentives for domestic biodiesel production.  These tax incentives expired at the end of 2009 and are a huge factor in continuing the profitability of the biodiesel industry.  In fact, since the expiration of the tax incentives, only 15% of the nation’s biodiesel plants were in operation during the first week of 2010.  The $1 per gallon biodiesel fuel blenders credit is credited with increasing production, development and use of biodiesel throughout the nation.
• House Bill 4721 allows Illinois residents who are on ordinary or emergency leave from Armed Forces active duty to fish and hunt without a license.  Current law allows Illinois armed forces members who are on active duty to hunt and fish at no cost when they are home on ordinary leave, but this legislation would extend that option to cover other types of leave, such as emergency.  This legislation now heads to the Senate. Continue reading »

Medical Malpractice Caps Overturned

Last week, the Illinois Supreme Court issued a controversial reversal of previously enacted medical malpractice reform which placed caps on non-economic damages.  In 2005 due to Illinois’ ailing health care system which was experiencing serious problems because of the extremely high cost of medical liability, the Illinois legislature passed a series of lawsuit reforms aimed to curb the rising cost of medical malpractice insurance and reduce frivolous lawsuits.  The main component of these reforms was capping payouts for pain and suffering and other non-economic damages at $500,000 per doctor and $1 million for hospitals.

Before the 2005 medical lawsuit reform was put in place, Illinois was seeing serious problems retaining skilled physicians due to the extremely high price to practice in our great state.  Medical malpractice payouts were rising at an unaffordable pace, in some cases as much as 23% each year.  This in turn forced insurers to dramatically increase the cost of premiums.  In many cases, insurers simply stopped doing business here; meaning a number of doctors could no longer afford to practice in Illinois.  Where we saw some of the most devastating effects were in high-risk, specialty procedures.  There became a point where it was virtually impossible to find a neurologist practicing in downstate Illinois due to the extreme cost of insurance.

However, after the reforms went into effect they proved to be quite successful at increasing insurance competition, lowering the cost of premiums for practicing physicians, and increasing access to affordable healthcare.  Two years after the reforms were in place Illinois saw 5,000 more doctors licensed throughout the state.  In addition, three new insurers began offering coverage and rates dropped dramatically.

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Primary Elections Done, Now Back to Springfield

With the primary elections behind us, the General Assembly will immediately return to Springfield and kick the spring session into full gear.  This is a year where we certainly don’t have anytime to waste, there are just to may problems facing our state which must be confronted immediately.

As I wrote many times here, the states fiscal condition is absolutely the number one issue.  It’s not going to be easy and it will require difficult decisions, but the longer these decisions are put on the back burner the tougher it will be to find any sort of resolution.  I would like to see budget negotiations started right a way.  We already know that we have a mountain of debt and are facing a huge deficit, so it should be pretty clear that we can not be increasing our budget at this time.  That means we need to be looking at ways we can save taxpayer dollars not only from cuts, but from some creative solutions that will do away with unneeded expenditures. Continue reading »

State’s Unpaid Bills only Going to Get Worse

As the state budget crisis continues to deepen, the backlog of unpaid bills only grows larger.  The state has reached a record amount of unpaid bills, with schools throughout Illinois owed over $1 billion, local municipalities waiting on $500 million in payments, and state universities are unsure when the hundreds of millions of dollars they are supposed to receive will arrive.  The University of Illinois alone is owed over $400 million.  In total, Illinois owes between five and six billion dollars in back bills to venders, service providers and other institutions.

Adding to the problem is the enormous length of time many of these groups are forced to wait.  Some state employees covered under policies paid for by the state have been told that they will have to pay for medical costs upfront because the state is so slow in reimbursing the insurers.  Some have reported not receiving payments for services rendered over six months ago.  This problem will likely only get worse as the year wears on.  With tax receipts down for Fiscal Year 2010 and a continuing economic slump, the decisions made over the next couple months will be critical.

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Quinn’s State of the State Missing Solutions to Biggest Problems

As required by the Illinois Constitution, the Governor is supposed to brief members of the General Assembly and the people of Illinois at the beginning of each year on the condition of the state.  It’s been quite a while since we have been treated to a State of the State address (our former Governor simply choose not to deliver the speech opting only for a budget address), but last Wednesday I did not hear a lot of talk about the current condition of Illinois or what plans will be explored in the very near future.

I think it’s blatantly obvious that the state of our state is not very good right now.  So, with it being only a couple weeks into the New Year and the legislative session just getting under way, I would have liked to hear a few detailed suggestions and some guidance from our chief executive on what he would like to see done to pull us out of what has become record setting fiscal problems.  We are staring at a record budget deficit, a record amount of unpaid bills and the worst credit rating Illinois has ever seen.  These are certainly not any records to be proud of, and a large part of the reason we are facing such dire circumstances is because the problems have simply been ignored.

I respect Governor Quinn and I think he is a genuinely nice guy, but we have got to start acknowledging just how significant our financial situation has become.  Like I said, ignoring the problem is a large reason why the state’s fiscal shape has deteriorated so much.  This a time we need leadership and a foundation of ideas to pave the way to rebuilding our economy and our state budget.  Those ideas must begin with policies that ensure state spending practices are reformed, and taxpayers know that their hard earned dollars are being used efficiently and properly.  As of now, that has not occurred and Governor Quinn failed to address this problem. Continue reading »

Only in Chicago

Talk about one expensive fish.  Last week, a mass poisoning of the Chicago Sanitary and Ship Canal, which cost about $3 million, was designed to kill off the invasive Asian carp that is threatening to destroy Lake Michigan’s echo system.  For those who are not familiar with the Asian carp situation, these huge fish eat just about everything and other fish species just can not compete.  The carp breed rapidly and can easily take over waterways, with many people fearing that once they reach Lake Michigan there is no stopping them.  Currently, there is an electric barrier in the canal which is designed to stop them from reaching the Lake, but some fear it may be too late.  Officials determined that the barrier needed repairs, but there were fears the carp would make a run, I mean swim, for it when the barricade was down.  So, it was decided that a mass poisoning was needed to make sure that didn’t happen.  The problem is that only one, that’s right a single Asian carp, was found amongst the thousands of dead fish.  That’s one expensive fishing trip.

The New Year Brings with it More than Just Cold Weather

With the New Year comes a number of new laws that go on the books here in Illinois.  Over the next couple of weeks I’ll update you on some of the more notable laws that will be going into effect January 1^st.  Nearly 300 new statutes and regulations will take effect the first of the year, so keep an eye out as some are bound to be of importance to you.

Tax Assistance for Military Service Members

With tax season not far away, the Illinois CPA Society’s CPAs for the Public Interest, is partnering with the Internal Revenue Service to continue their free federal and state tax return assistance for recently returned and active duty service members and their immediate family.

With ongoing wars and a number of brave men and women from Illinois serving our country, any and all services which can be provided to our armed forces members are always greatly appreciated.  Volunteers are available to help qualified applicants take full advantage of tax benefits, filing deadlines, payment extensions and exclusions which are available to them.

If you are interested in participating in the Military Tax Assistance Program you can contact Jill Wiles at 800-993-0407 or by email wilesj@icpas.org.  There is absolutely nothing we can do to repay you for your service and sacrifice for our country, but the least we can offer is a small bit of help.

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Guantanamo Bay Proper Place for Terror Suspects

Over the past week we have heard Governor Quinn and Senator Durbin discussing a proposal to buy a nearly vacant prison in the northwestern Illinois community of Thomson, with the primary purpose of transferring suspected terrorists housed in Guantanamo Bay to the United States.  Before getting into any of the details of the plan or potential outcomes, I must first state that Guantanamo Bay is a state of the art detention facility which has proven to be well suited for this purpose and should continue to be used as a primary center to house terror detainees.

My biggest problem with the whole proposal is that there are just too many unknowns, and as we have often seen here in Illinois, when you rush through large plans such as this it can create a number of unintended consequences.  Those arguing for the transfer of Gitmo prisoners to Illinois will say we need the economic benefit and the jobs.  They will also say the Thomson Correctional Center is not even close to being used to its full potential.  Both statements are correct, but they certainly don’t mean this is a good idea. Do we think that bringing terrorists to Illinois is a good jobs program?  Also, the intended use for Thomson was to relieve pressure on our entire correctional system which is currently at over 130% capacity.

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