BRIEFLY

Edited by Rodd Whelpley

The politics of trade

Congress won't budge on Cuba embargo

As Republican George Ryan laid plans to be the first U.S. governor to visit Cuba in nearly four decades, he got little support from a favorite son in Congress — House Speaker Dennis Hastert, a Republican from Yorkville.

Ryan was hoping his trip, meant to set the stage for trade, would coincide with a move by Congress to ease the 37-year-old economic embargo on Fidel Castro's Caribbean redoubt. A $69 billion agriculture spending bill passed by the U.S. Senate included a provision allowing food and medicine sales to the communist nation.

But U.S. House Republican leaders squelched the plan.

"I'm not sure that the American people would tolerate us giving food and drugs to terrorists," Hastert says. "It is certainly a state that has fed terrorists to us in the past. It's a state that some of our folks feel very, very strongly about."

Those "folks" are Cuban-Americans, most of them implacable Castro foes who form an important voting bloc in Florida and New Jersey. Hastert can hardly afford to alienate them as he struggles to hold on to a slim Republican majority in the House in the 2000 election,

But Hastert's stand puts him at odds with powerful economic interests in Illinois, where there are only an estimated 15,000 to 20,000 Cuban-Americans. Economically struggling farmers are eager to sell grain and livestock to Cuba, and manufacturers such as Peoria-based Caterpillar Inc. see a potential market 90 miles off the Florida coast slipping away to competitors who increasingly ignore the U.S. embargo.

"Obviously, we're disappointed about the loss of the embargo language," Illinois Farm Bureau President Ron Warfield said after the spending bill, which includes $8.7 billion in emergency farm aid, passed the House without the provision for Cuba.

Toby Eckert Copley News Service, Washington, D. C.

State comptroller takes control of local cemetery

The owner of an overgrown and dangerously neglected Peoria graveyard has until November 22 to hand over to the state all of that cemetery's documents, according to a judicial ruling.

In September, Comptroller Dan Hynes, whose duties include overseeing Illinois' cemeteries, revoked the operating license of Springdale Cemetery and fined owner Larry Leach $10,000 for violating the state's law regulating most graveyards.

County Judge Richard Grawey granted Hynes' petition to put Springdale under state receivership and named former circuit court Judge Richard Eagleton to temporarily oversee the cemetery.

Hynes says this is the first time in Illinois that the owner of a cemetery has had his license revoked for failure to maintain the grounds.

Springdale, first chartered in 1855, is one of the largest and oldest graveyards in Illinois. More than 144,000 people are buried within its 225 acres, including former Illinois Gov. Thomas Ford. However, the cemetery also has a long history of problems, including a series of owners and legal entanglements (see Illinois Issues, October 1995, page 20).

Springdale Cemetary

Weeds threaten to overwhelm monuments at Peoria's overgrown Springdale Cemetery.

Porter McNeil, Hynes' spokesman, says, "The problem with the Springdale Cemetery has been a priority issue since day one." According to McNeil, the revocation was an initial step to take the cemetery out of the hands of its former owner. "The goal now is to find a permanent owner."

Josh Bluhm

8 / November 1999 Illinois Issues


The Daleys

CHICAGO SNAPSHOTS

A proud Richard J. Daley poses with his family in 1956 as he prepares to walk in his first St. Patrick's Day parade as Chicago mayor. In the back, wearing a shamrock top hat, is future mayor Richard M. Daley. The shot is from A View from Chicago's City Hall: Mid-Century to Millennium, a photograph collection by veteran Chicago political analysts and historians Melvin G. Holli and Paul M. Green.

The collection views the six mayors of "the city on the make" from Daley to Daley as they politic, greet celebs and build a modern city while attempting to forge ethnic and racial coalitions. Beginning in the 1950s, the photographs document the solid administration of Daley the First, the twists and turns of Michael Bilandic and Jane Byrne, the raucous "Beirut on the lake" of Harold Washington, a back-on-track Eugene Sawyer and the maturing of Daley II.

The book joins Holli's and Green's edited collection of essays, Restoration 1989: Chicago Elects a New Daley.

Burney Simpson

Court ruling opens HMOs to lawsuits

Can Illinoisans sue their managed care companies? For the first time, the state Supreme Court has addressed that question. And the answer, at least in the case of Petrovich v. Share Health Plan of Illinois Inc., is yes.

The case stems from a Chicago woman's claim that her health maintenance organization didn't diagnose her cancer soon enough. She has since died.

In the ruling, issued in September, the court said the woman's estate could proceed with a lawsuit under legal doctrines of "apparent authority" and implied authority." In short, the court said. Share led Inga Petrovich to believe that her doctors were employees of the HMO plan, though they were independent contractors.

Share argued it couldn't be held liable for the doctors' alleged malpractice because they weren't employees.

The court ordered the case back to Cook County Circuit Court.

That decision comes as the national political debate over allowing patients: to sue health maintenance organizations is heating up. Last month, the U.S. House, in a bipartisan vote, approved a measure allowing patients to sue HMOs for damages in state courts. And in California, the governor has signed into law a package of HMO reforms that includes the right to sue health insurers for punitive damages.

In Illinois, the governor signed reforms last summer that give consumers more say in their medical care, though those provisions did not include the right to sue managed care companies. However, proponents are expected to continue pushing for legislation that gives patients that right.

Adriana Colindres Copley Illinois Newspapers, Statehouse bureau

FALL LEGISLATION

The debate over ways to spend all that cash the major tobacco companies will soon be sending to Illinois could dominate the General Assembly 's fall session. That session, scheduled to get underway in earnest in mid-November, will give lawmakers the chance to raise such issues, ft also gives them another crack at legislation Gov. George Ryan declined to sign last summer. Ryan vetoed 50 measures the legislature approved last spring and called for changes in another 35.

Generic drugs

Some generic drugs will continue to be reviewed by a state board if the governor's changes to one measure are accepted by lawmakers.

Supporters of the measure approved last spring argue that drugs should not have to be reviewed by the state's Technical Advisory Council if they have already been approved by the Federal Drug Administration. Eliminating that process will get the cheaper drugs to patients faster, says the Senate sponsor, Rockford's Dave Syverson.

Ryan's changes would allow some generics to bypass the council. But generics that need to closely copy the chemical makeup of the original drug would still be monitored.

Child support

A House Democrat will attempt to revive a measure to send more child support dollars to working families on welfare. Rep. Julie Hamos of Chicago argues her proposal, which Ryan vetoed, earned bipartisan support in both chambers last spring because it would encourage greater compliance by parents who owe child support. Currently, the government keeps most of the child support it collects on behalf of parents who receive aid. Hamos would allow working families on welfare to keep two-thirds of every dollar paid in.

Ryan contends the projected $6 million cost is too high.

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Illinois Issues November 1999 / 9


BRIEFLY

Local tax options

The Illinois Municipal League is vowing to revive a proposal to give communities without home rule the ability to add a 0.5 percent sales tax to their local taxes. Ryan vetoed the measure, saying it could create a confusing mix of tax rates across the state.

Proponents say the measure would give smaller communities the ability to raise matching dollars for the governor's Illinois First infrastructure program. "Some communities don't have that free money. Some municipalities are wealthier than others," says Larry Frang, assistant director of the league, which represents smaller communities around the state.

Under the proposal approved by lawmakers, a community would have to pass a binding referendum to impose the sales tax. The additional dollars could only be used for such infrastructure projects as roads, sewers or schools. The tax could not be imposed on

groceries, prescription drugs and medical supplies, or titles on vehicles.

But the governor argued the proposal would return the state to the cumbersome tax code in place prior to reforms implemented in 1990. At that time, communities had the authority to create local taxes at a number of different rates. "As a result, the rates ... varied greatly from jurisdiction to jurisdiction and taxpayers had difficulty understanding why a tax was imposed on some items in some locations and not in others," Ryan wrote in his veto message.

Tobacco

State Reps. John Fritchey and Sara Feigenholtz, both Chicago Democrats, will push a new proposal to put half of the state's expected first-year proceeds from the national tobacco settlement into a savings account and designate the other half for public health programs.

The plan, the product of a special House committee that debated the issue through the summer, is only one of a number of Democratic and Republican ideas for ways to spend the $9.1 billion the state is expected to receive from tobacco companies over the next 25 years. Those dollars stem from a settlement between tobacco companies and the states, which sued to recover some of the costs of treating smoking-related illnesses.

Illinois could receive the money sooner than expected, meaning officials need to move quickly to create a spending plan. Otherwise, the first payment will go directly into the state's general fund, according Roger Germann, a spokesman for state Treasurer Judy Baar Topinka. If that happens, plans to use the money for smoking prevention and cessation programs, or for long-term savings, could more easily be brushed aside.

An initial check for $411 million is

10 / November 1999 Illinois Issues


sitting in an escrow account and is scheduled to be issued next June. But if 80 percent of the states that sued the companies agree to the settlement, as Illinois has done, the money would be sent to the states sooner. That threshold will be reached if the California or New York legislatures approve the settlement.

Other states already are devising ways to divvy up the windfall. As of July, according to a study by the National Conference of State Legislatures, 21 states had already appropriated $1.3 billion of the settlement dollars. More than half of that money was designated for health care programs. The next highest proportion, 20 percent, was targeted for childhood development programs, education and college scholarships.

Fritchey and Feigenholtz want to distribute half of Illinois' first check to programs in six health-related areas. They would include programs that help reduce tobacco use, provide prenatal health services, extend home health services for seniors, increase the number of nurses and counselors in school districts, promote university research on tobacco illnesses and pay for medical equipment.

Gambling

The jump in attendance at riverboat casinos last summer has House Republicans studying ways to limit the ill effects of gambling. Provisions under consideration would increase the minimum age for playing the ponies from 17 to 18, end 24-hour gambling and ban ATMs near the riverboats. Gov. Ryan asked for the ban last June when he signed the bill that opened Cook County to a casino and OK'd dockside gambling.

Payday loans

Rep. Bill O'Connor, a Republican from Riverside, would cap "payday loans" at a 24 percent annual interest rate. Some short-term loans are now pegged at 400 percent to 800 percent annual interest, though they are

intended to be repaid in a month or less. The proposal also would prohibit consumers from rolling the loans over for a period longer than three months.

HMOs

Patients would be allowed to sue their HMOs for medical malpractice under a proposal from Sen. Terry Link of Vernon Hills. In September, the Illinois Supreme Court ruled that patients can sue their health care providers under certain circumstances. Link says he will work with Rep. Mary Flowers of Chicago, also a Democrat, to get the measure through both chambers. The right-to-sue provision faces stiff opposition in the Republican-controlled Senate.

In the wings

Several other ideas could see some action, though chances appear slim. They include:

Funding/or a new or renovated stadium for the Chicago Bears. Chicago Mayor Richard Daley most recently

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Illinois Issues November 1999 / 11


BRIEFLY

said he favors a rehab of Soldier Field.

Tougher oversight of the telecommunications and utilities industries. Facing merger mania, the Illinois Commerce Commission approved a $70-plus billion Ameritech and SBC Communications merger as Commonwealth Edison parent Unicorn Corp. and Peco Energy Co. announced a $9 billion marriage of their own with no guarantees of improved service or rate reductions. Critics believe the state should be able to drive a harder bargain.

Freedom of Information reforms. Attorney General Jim Ryan wants to strengthen the state's Freedom of Information law by creating an appeals office and establishing fines for non-compliance. The proposals stem from an investigation on local compliance conducted last summer by 15 Illinois news organizations. The report found that many local officials are willing to violate that law.

Burney Simpson

Quixotic Quinn

The former state treasurer is pushing three more stale constitutional amendments

Voters could elect the members of the Illinois Commerce Commission, send a taxpayer advocate to each chamber of the General Assembly and propose their own bills if former state Treasurer Patrick Quinn is successful in his current citizen petition drive. But Quinn's "Lincoln Amendments" face several hurdles, including likely challenges to the constitutionality of his latest ideas for "reform" of Illinois government.

To get on the November ballot next year, the three proposed amendments to the state Constitution need 268,697 petition signatures by May 7.

Quinn's Citizen Petition Power amendment would give voters the authority to introduce a bill directly in the General Assembly rather than finding a legislator to sponsor it. The proposed legislation would be sent to the House and Senate for a binding roll call vote. Quinn maintains this would break the logjam on controversial issues such as campaign finance reform.

Some observers credit Quinn for his expertise in successfully pushing a referendum in 1980 that reduced the Illinois House from 177 to 118 members, and a 1983 drive that led to the creation of the Citizens Utility Board. But they doubt whether the state Constitution allows for the changes he is proposing this year.

"[Quinn] has been successful with similar petition drives because of his creativity in packaging and marketing proposals that pander to the passions of the moment," says Mike Lawrence, associate director of the Public Policy Institute at Southern Illinois University. "The state Constitution strictly limits amendments through the initiative and referendum route Mr. Quinn is taking."

12 / November 1999 Illinois Issues


Such initiatives must address both structural and procedural aspects of the legislature, adds Dawn dark Netsch, a former state comptroller and a delegate to the 1970 Illinois Constitutional Convention. The state Supreme Court has thrown out several previous initiative proposals as not fitting that standard. Further, bunching the three proposals on a single petition could spell doom if anyone mounts a legal challenge, she adds. "You can't combine unrelated, separate initiatives in a single proposition. If he intends it as a single initiative, he's out on those grounds alone."

Yet more than half of the states have a system whereby voters can propose laws, says Elizabeth Garrett, a professor of law and a deputy dean at the University of Chicago Law School. "Direct democracy can do a lot to address issues where legislators have a conflict of interest like campaign finance," she says.

The two taxpayer advocates Quinn's petition proposes would be nonpartisan statewide members of the General Assembly and would have oversight of government waste and fraud.

Quinn's idea for electing the five members of the Commerce Commission could receive support amid concerns about too much consolidation in the phone industry. In September, the ICC voted to allow the more than $70 billion merger of Chicago-based Ameritech and SBC Communications of Texas. The combined firm will control one-third of the phone lines in the country.

Burney Simpson

Y2K countdown

The systems that control the state's most essential functions are 97 percent ready to deal with any year 2000 computer bug, according to the latest state Y2K report.

Y2K clock

Essential functions are 97% ready as of September 30, according to the Illinois Technology Office.

The state classified 82 (it was 84 last month) state functions as essential, meaning they can't be interrupted for more than a day. These functions include operation of the state's mainframe computers and telecommunications services and emergency response services from various state agencies.

For more information, go to www. state.il. us/y2k.

Illinois Issues November 1999 / 13


BRIEFLY

WEBSOURCE

Stats on child poverty and well-being

The Earned Income Tax Credit, a topic of disagreement last month between U.S. House leaders and GOP presidential front-runner George W Bush, is designed to help low-income people avoid becoming welfare recipients.

For a grounding in the policy, as well as the political implications of this issue, go to the Center on Budget and Policy Priorities site at www.cbpp.org. According to the center, in 1998 the average earned income tax credit claim was $1,862 for 19 million taxpaying families with children.

For an Illinois perspective, you can turn to the Voices for Illinois Children's Web site at www.voices4kids.org. "Special Report: Generating Resources for Families" offers a brief description of the federal program. An analysis from the Council of Economic Advisers says that in 1997 the tax credit helped lift more than 4 million people out of poverty, including more than 2 million children. Another study from Syracuse University that used interviews with recipients in the Chicago area shows that low-income families use the annual lump-sum payment to start savings accounts, meet household needs or make major purchases. The Voices report also presents an argument for an Illinois earned income tax credit, including ways to pay for the program with existing dollars.

The site provides information on what Illinois did for its children in the last legislative session and has a list of links to government, education and other advocacy groups. Among them, the Annie E. Casey Foundation (www.aecf.org) offers nationwide statistics and information about children and families under its Kids Count section. One example: The 1999 national composite, based on 1996 data, ranks all states and the District of Columbia on 10 measures that indicate how child friendly each is. Illinois ranks 34th.

Beverley Scobell

Chicago Humanities Festival celebrates New and Old

To reflect this year's theme, New and Old, organizers of the 10th annual Chicago Humanities Festival chose this 18th century painting, Riva degli Schiavoni, by Antonio Canaletto. "Among his most popular paintings are those of sun-drenched Venetian public squares, filled with people exchanging ideas — some new, some old," says Eileen R. Mackevich, the event's president and executive producer. "In a festival dedicated to securing a central place for the humanities in the public square, there could be no more fitting work of art." During the first two weekends in

November, the festival offers the chance to experience more than 175 of the world's leading thinkers, writers, artists, musicians and performers. More than 120 lectures, readings, concerts and performances will be held in 22 different places downtown, providing a metaphorical, if not real public square.

Beverley Scobell

Riva degli Schiavoni

UPDATE

Monsanto 'commits' to pulling the plug on terminator seeds

Last month, Monsanto Chairman Robert B. Shapiro announced that the St. Louis-based agriculture and pharmaceuticals company is not looking to market so-called "terminator" seeds. Such seeds would be capable of rendering crops sterile so that farmers couldn't harvest their own seeds for next year's planting (see Illinois Issues, September, pages 12-16).

Shapiro sent an open letter to Rockefeller Foundation President Gordon Conway informing him that Monsanto is "making a public commitment not to commercialize sterile seed technologies." Conway, who addressed the Monsanto board last June, is among those who raise concerns about terminator technology. Some fear pollen could pass the sterility trait to neighboring crops.

Also known as the Technology Protection System, the terminator biotechnology was co-developed and patented by the U.S. Department of Agriculture. It uses three genes designed to promote plant growth, fight disease and, after the growing season, sterilize the seeds.

In his letter, Shapiro notes that the technology, which Monsanto is poised to acquire, "is developmental, at least five years years away from any possible commercialization."

But Shapiro's letter appears to leave the door open to marketing this or similar technology in the future. "We renew the pledge we made last April that we will not make any decision to commercialize a gene protection technology until a full airing of the issues is complete and we have responded publicly to the concerns that are raised," he wrote.

Rodd Whelpley

14 / November 1999 Illinois Issues


Lincoln Park Zoo

Something to crow about

Chicago's Lincoln Park Zoo has reason to be proud. It's the first zoo to receive national recognition for contributions to science education.

In a White House ceremony, First Lady Hillary Rodham Clinton presented the zoo with the National Award for Museum Service issued by the U.S. Institute of Museum and Library Services. The institute cites the zoo for "a rare level of commitment to educating and serving its visitors." Lincoln Park has been a national leader in both ecological research and urban education. It oners a zoo intern program that prepares inner-city high schoolers to work as guides and an after-school program called Zootrition that teaches good eating habits for all animals, including humans. In addition, the zoo offers BioLINCS, a course for elementary school teachers, and ZEBRA Online (www.lpzoo.com), a new interactive Web page for environmental education.

Overlooking Lake Michigan near downtown Chicago, the 131-year-old zoo hosts more than 3 million visitors each year, free of charge. It houses more than 1,000 animals, and has just completed a five-year, $50 million improvement campaign.

Beverley Scobell

QUOTABLE

'' Mediate in the free market? I don't think that's the role of government. ''

Gov. George Ryan's press secretary Dave Urbanek, as quoted in the Chicago Sun-Times in response to a question about the dispute between liquor distillers and distributors that led to a series of price increases. The comment raised the ire of editorial writers at the Sun-Times and the Chicago Tribune, who argued that meddling is what Ryan did when he supported a bill on liquor distribution that called for distillers to show cause before changing distributors.

Illinios Issues Novemeber 1999 / 15