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Eye On Illinois: When is it right to increase the costs of doing business?

There are not two sides to every story – even contentious litigation can incorporate undisputed facts, and some issues involve more than two valuable perspectives – but political posturing invites holding a mirror to partisan talking points.

This often is especially true in matters of business regulation. Consider Senate Bill 328, which Gov. JB Pritzker signed into law Friday. As Capitol News Illinois detailed in June, the law allows people injured or sickened through exposure to toxic substances to sue businesses in state court under the Uniform Hazardous Substances Act without meeting the same jurisdictional requirements of most other litigation.

Elected officials and business associations opposed the bill. Typical of the language is a Tuesday statement from state Sen. Sue Rezin, R-Morris, who said the law “helps trial lawyers and hurts everyone else” and constitutes “a direct threat to jobs, economic growth and the families who depend on both.”

Advocates say the change helps Illinoisans by allowing them to sue out-of-state corporations if a related defendant is already subject to state law.

One larger issue is the amount of money lawyers representing injured parties can keep if their clients settle or prevail at trial along with procedural rules potentially encouraging lawsuits that approach frivolity. That conversation encompasses far more than toxic exposure litigation.

But at the ground floor of this specific bill, it’s hard to look at someone suffering from such an exposure and tell them they’re not allowed to pursue compensation from any entity that might have been at fault. It unarguably increases operational costs for corporations through liability insurance and litigation, yet there is a human cost for smaller degrees of protection.

Let’s try this filter on another topic where goals could be in opposition. On Friday Pritzker also signed House Bill 2987, the Warehouse Tornado Preparedness Act. State Rep. Katie Stuart, D-Edwardsville, sponsored the bill in response to a December 2021 tornado that killed six workers at an Amazon warehouse in her community.

The law requires site-specific safety plans with annual updates, ensures shelters meet International Building Code guidelines, mandates capacity equivalent to 125% of regular staffing levels and dictates stocking certain supplies like first aid kits, 12-hour food and water supplies and more.

Those mandates also represent new obligations on businesses. Current warehouses might need to be modified and new construction costs will increase. We’ll need more red tape in terms of the extra workload on inspectors and agencies establishing standards (do you know what constitutes a half-day food supply for an entire shift of workers?) but strong bipartisan support indicates favor for protection over expense.

When is it right to increase the costs of business? Whose protection is worth the economic impact? Exploring these questions helps contextualize political motivations.

• Scott T. Holland writes about state government issues for Shaw Local News Network. He can be reached at sholland@shawmedia.com.

Scott Holland

Scott T. Holland

Scott T. Holland writes about state government issues for Shaw Media Illinois. Follow him on Twitter at @sth749. He can be reached at sholland@shawmedia.com.