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2009 Newletter


Capitol Commentary: February 5, 2010

SUPREME COURT RULES AGAINST MEDICAL MALPRACTICE REFORM

The Illinois Supreme Court ruled February 4 week that capping jury awards for non-economic damages is unconstitutional. 

The ruling could drive up healthcare costs and is a serious threat to doctors and hospitals, whose liability insurance rates have remained steady or even decreased since the cap on non-economic damages went into effect in 2005.

A bipartisan coalition of lawmakers approved the Illinois Medical Malpractice Act in 2005, despite strong objections from the Illinois trial lawyer lobby. When the reform legislation was signed into law it was considered a major victory for doctors and Illinois citizens, many of whom were finding it increasingly difficult to access medical treatment, especially obstetrics and cutting-edge procedures and medical treatments.

The state’s high court ruling upheld a previous Cook County Circuit Court decision, which found that Illinois’ Medical Malpractice Act violated the state Constitution by impeding a jury’s right to establish reasonable damages.

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A year ago: Senator Brady responds to Gov. Rod Blagojevich's speech during the final day of Illinois' historic impeachment trial, Jan. 29, 2009

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Capitol Commentary: January 29, 2010

KUDOS

Kudos to the Illinois Constitution for providing the means necessary to remove a state official who stands accused of unlawful activity. Impeachment is covered in the Illinois Constitution in Article 4, Section 14, which states:
 
“The House of Representatives has the sole power to conduct legislative investigations to determine the existence of cause for impeachment and, by the vote of a majority of the members elected, to impeach Executive and Judicial officers. Impeachments shall be tried by the Senate. When sitting for that purpose, Senators shall be upon oath, or affirmation, to do justice according to law. If the Governor is tried, the Chief Justice of the Supreme Court shall preside. No person shall be convicted without the concurrence of two-thirds of the Senators elected. Judgment shall not extend beyond removal from office and disqualification to hold any public office of this State. An impeached officer, whether convicted or acquitted, shall be liable to prosecution, trial, judgment and punishment according to law.

One year ago, history was made in Illinois when a Senate Tribunal voted to make Rod Blagojevich the first Illinois Governor to be impeached and removed from office.

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Capitol Commentary: January 22, 2010

NEW LAW WILL CHANGE CEMETERY REGULATION

On January 19, Governor Pat Quinn signed legislation that will impose new regulations on cemeteries.

House Bill 1188 (PA 96-0863) was introduced in response to the scandal at Burr Oak Cemetery in Chicago. Cemetery workers are currently awaiting trial on felony charges that they dug up bodies and then resold burial plots.

Though religious and government cemeteries have been partially exempted from the legislation, approximately 12 percent of the cemetery industry will be fully regulated under the new law.

Republicans and several downstate Democrats opposed the measure. I understand the desire to ensure Illinois’ cemeteries are operating appropriately, but the legislation was rushed, and lacks specific information on new fees and licensure and education requirements, or how much they will cost.

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Capitol Commentary: January 15, 2010

KUDOS

Congratulations to the 335 students in the 44th District who have been named as Illinois State Scholars for 2010.

These students rank in the top 10 percent of the state’s high school seniors from 725 high schools across Illinois. Selection is based on SAT, ACT and/or Prairie State Achievement Exam scores, and/or class rank at the end of their junior year.

High school guidance counselors work with the Illinois Student Assistance Commission to determine which students have earned this honor.

A LOT OF HISTORIC FIRSTS

Governor Pat Quinn presented his first State of the State address January 13 to a joint session of the General Assembly.

This Governor has the dubious honor of presiding over an Administration that has achieved a number of historic firsts: the largest deficit, the worst credit rating, the worst backlog of unpaid bills, and the largest taxpayer debt.

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