Latest news with #SB328
Chicago Tribune
20 hours ago
- Business
- Chicago Tribune
Timothy J. Cavanagh: Illinois toxic tort law would prevent out-of-state companies from evading accountability
Every Illinoisan deserves to live and work in a safe environment free from hazardous, life-threatening conditions. Yet when our residents travel to other states, they may face repeated exposure to asbestos or other highly toxic substances and be vulnerable to serious illness if they were not provided proper protective clothing and breathing equipment. Out-of-state companies too often escape accountability for exposing individuals to dangerous materials, leaving them to suffer devastating health consequences with little legal recourse short of the expensive, time-consuming and impractical option of pursuing lawsuits in those other states. A bill, SB328, recently passed by the General Assembly and now under Gov. JB Pritzker's consideration, solves that dilemma by permitting a person filing a case in an Illinois court to include out-of-state companies as defendants. By strengthening the ability of Illinois residents to seek justice against all responsible parties, this legislation would help promote healthier, safer working conditions by putting businesses, regardless of where they are headquartered, on notice that they are responsible for protecting Illinoisans from preventable harms. To be clear, this legislation applies in relatively limited circumstances. SB328 does not expose Illinois-based businesses to litigation to which they are not already subject under current law. To involve companies not located in the state, but doing business here, a plaintiff must first file a case in Illinois against at least one defendant that would be subject to the specific jurisdiction of an Illinois court. Only then, contingent upon a judge's approval, could other relevant out-of-state businesses be added to the case. Additionally, this legislation pertains only to toxic substances as defined by the Illinois Uniform Hazardous Substances Act. One such example familiar to most people would be asbestos, because of its sad and long history in our country of sickening hundreds of thousands of people and condemning them to prolonged and painful deaths. If you've seen the suffering caused by the careless use of asbestos up close, you would understand why it is important to send a strong message that companies using toxic substances need to take sufficient care to protect people from being harmed by them. And, if they fail to do so, they deserve significant financial punishment to deter them and others from persisting in unsafe practices. The fearmongering from Illinois business organizations about the bill borders on hysteria. Despite what they say, prescription drugs, baby formula, beverages and food products are not a part of the bill for the simple reason they aren't made with highly toxic ingredients. Opponents also say New York rejected the same bill. Not true. New York's was far more expansive and, beyond businesses, included nonprofits and governmental entities. Finally, those against the bill argue it would make Illinois an outlier. But, in reality, other states have laws that say anyone transacting business in them consents to the jurisdiction of their courts. Pennsylvania already has a far broader toxic tort law than what is proposed in Illinois, and I have yet to see any news coverage about the cessation of business in the Steel City, the City of Brotherly Love or all the many towns between the two. Opposition from Illinois corporate associations to this legislation is puzzling, since it actually levels the playing field for Illinois companies by holding those from out of state to the same standard as applies to those that are based here. The bill's merits are attested to by the diversity of its supporters, which include dozens of trade and service unions represented by the Illinois AFL-CIO; the multitude of local and national environmental organizations that work collaboratively through the Illinois Environmental Council; and Citizen Action, the state's largest public interest organization that advocates for policies to protect the health and well-being of all Illinoisans. By reinforcing corporate accountability, this bill complements Illinois' ongoing efforts to strengthen environmental protections and public health safeguards. It sends a clear message and commonsense message: Companies that profit from doing business here must accept the responsibility of protecting the people and environment they impact. With the Donald Trump administration choosing to stop enforcing various environmental protections and, shockingly, reconsidering the ban on cancer-causing asbestos put in place by the previous administration, it is vital that states step into the breach. Pritzker's signature on SB328 will send a clear message that Illinois is leaving no stone unturned when it comes to protecting the public's health. Timothy J. Cavanagh is founder of Cavanagh Sorich Law Group in Chicago and president of the Illinois Trial Lawyers Association.
Yahoo
11-03-2025
- Business
- Yahoo
Utah's annual alcohol bill almost died over one issue — authority over proximity to communities
Sen. Jerry Stevenson, R-Layton, is pictured at the Capitol in Salt Lake City on the last night of the legislative session, Friday, March 1, 2024. (Photo by Spenser Heaps for Utah News Dispatch) It's customary for predominantly Latter-day Saint Utah to update its strict alcohol code annually. In past years, the state Legislature has closed gaps in the law, expanded the number of alcohol licenses available for local businesses, and added a 88.5% markup on liquor, wine, and flavored malt beverages. This year, that omnibus bill stalled and almost died in the Senate when lawmakers drew a hard line on a switch of authority on an essential requirement — proximity to schools, parks and churches. SB328, sponsored by Sen. Jerry Stevenson, R-Layton, was the product of monthslong work with different industry actors. But, the first time it was brought to a Senate floor discussion in early March, it failed with a 13-15 vote when Stevenson resisted a motion from Sen. Lincoln Fillmore, R-South Jordan, to remove a provision of the bill that allowed local governments to authorize a store or restaurant with an alcohol license within less than 300 feet of a park. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX (The bill) 'came out quite late, and the idea to shift proximity decisions from the state to local governments is a significant policy change, that, I'm willing to say, may be the right one,' Fillmore said last Tuesday to the Senate. 'But I think it needs more vetting than we're able to give this bill today.' In 2024, the Legislature traced some carveouts for the so-called downtown revitalization zone, which 'kind of evaporates proximity issues,' Stevenson said. That was to allow less strict rules for establishments near the Delta Center. His bill, initially, would have allowed the same for the Point of the Mountain, another district being established at the former site of the Utah State Prison, but the idea ran into some opposition, so Stevenson's proposal later granted local governments the decision-making power in those proximity decisions. 'So what this does is, it would accommodate those (districts) without having to go through this, every year, of going through a situation of trying to define an entertainment district,' Stevenson said. However, that didn't sit well with most of his colleagues, including Senate Majority Leader Kirk Cullimore, R-Sandy, who said he couldn't support the bill without Fillmore's update. 'It gives me reason to pause about the policy shift in allowing cities and counties to make decisions that have generally been considered from a broader perspective at the state level,' Cullimore said. The bill was revived after it failed. This time, the sixth version, sponsored by Fillmore, passed almost unanimously in the Senate and the House. The legislation now makes an exception to include wider proximity permissions if there's a park managed by the Point of the Mountain Authority, specifically to allow alcohol sales in the River to Range park. That park, Fillmore said, is a unique situation within the state since it covers 18 acres traversing Point of the Mountain land. The exception would allow that area of the district to become a 'prime spot for dining, for recreating.' Stevenson told reporters after that vote that he supported the removal of proximity allowances in order to save the rest of the bill. But, he also said he doesn't think the issue will go away. 'I think that if this is in good economic business sense for that community, I think it would make economic business sense for every community. And I don't understand why we have all of these separate carveouts for different people,' Sen. Kathleen Riebe, D-Cottonwood Heights, said. Especially, Riebe added, when there are other communities struggling to have restaurants because of the proximity regulations. Long gone are the days in which 'Zion Curtains' separated bars from dining rooms. But the Utah law on alcohol keeps some quirks unique to the state, including the prohibition of double drinks and some time limitations to serve spirits in restaurants. But, if Gov. Spencer Cox signs the bill, Utahns will remove the ban of 'straw tests' from that list. Bars had been requesting for a while to allow the technique often used to taste cocktails for quality. In the end, consuming a few drops of alcohol from a straw doesn't amount for much, Stevenson said. 'I guess in circles where bartenders are involved, it's common practice,' Stevenson told reporters. 'The bartender will put their finger over the straw, put it in the drink they have mixed and taste it. So it's a few drops, and that seems to be really important to some folks.' With the bill's approval, it would also be allowed to place a pick-up order for beer in a grocery store, rather than having to walk into the store for alcohol. It also allows Utah licensees to pour alcoholic drinks from an original sealed can into a different container if it is less than 12 ounces. SUPPORT: YOU MAKE OUR WORK POSSIBLE
