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ICYMI: New State Laws You Should Know for 2015

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Illinois House of Representatives (Photo: Daniel Schwen)

A New Year is in full swing and some new state laws are officially in effect, ranging from increased speed limits to the regulation of e-cigarettes. The Illinois Senate Democrats previously released a list of Top 15 new laws of 2015; and you can read the complete list of around 220 state laws and regulations approved by the state legislature here. In the meantime, we’ve summarized some prominent ones we think you’d like to know about below.

Nursing Homes
Nursing home chains must now submit annual reports regarding the state of their institution; power of attorney forms have been updated for a new year; and procedures for maintaining and renewing an advanced nursing license have been adjusted for processing.

E-Cigarettes
Much has been said about the safety of e-cigarettes and their accessibility to children and teens. Illinois is toughening up its stance on the popular smoking alternative, making them much harder to buy in common locations like gas stations and convenient stores. E-cigs must now remain behind counters and in sealed packages, much in the same way cigarettes are sold. Refills for e-cigs are now required be in child-proof packaging, too.

Drones for Illinois Police
For Illinois’ finest, drones have been the topic of debate when it comes to their use. Certain restrictions apply, but what’s certain is that offices will continue to use drones during extreme cases, such as a natural disaster or public health emergency. Serving as a so-called “Eye in the Sky,” drones have the potential to change search and rescue – and police surveillance – as we know it, navigating vantage points and zones that a person simply cannot.

Illinois Schools
School construction plans now require the development and maintenance of storm shelters to protect students from dangerous weather; and schools now have the option to discipline students who engage in cyberbullying inside and outside of school.

Victims’ Rights
House Bill 5990 expands child advocacy centers’ authority over child sexual abuse victims and victims of maltreatment, as well as components of investigation into child maltreatment cases.

State Speed Limit
A new state law increases the speed limit on toll ways throughout Illinois, up from 55mph to 70mph in certain locations. The Illinois Toll way board still must approve the measure before it officially goes into effect.  Selected toll ways, however, have bumped the limit a smidge higher in rural areas, specifically for trucks and rigs, increasing from 55 mph to 60 mph.

Teen Drinking
Adults over the age of 21 can expect harsher laws and even harsher penalties, should they supply alcohol to those under the legal drinking age. House Bill 4745 expands the list of places, such as campers and boats, where parents are liable for supplying underage people with alcohol.

Are there any new laws you’ve heard about that you’d like to discuss?  Let us know in the comments or on social media!

Levinson’s $43M Day Care Child Abuse Verdict Sends Loud Message – Protect Children & Ensure Safety

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On Monday, Ken Levinson secured a $43,000,000.00 verdict in a day care child abuse case against a day care employee who sexually abused a six year old girl at the day care.  Levinson won the verdict in St. Clair county, Illinois, which is near St. Louis, Missouri.   A verdict of this size should shed light on day care child abuse while making a loud statement: if day care owners and operators are not going to protect and ensure the safety of the children in their care, they will be held fully accountable for the harms they cause or allow to be caused to children.

Our hope is that the verdict will help make sure daycare owners/operators do complete background checks on anyone who may have contact with children and will properly monitor their employees to protect every child trusted with their care.  Let’s make sure that this type of betrayal of trust stops.

In a 2012 report detailing child maltreatment, the Children’s Bureau (Administration on Children, Youth and Families, Administration for Children and Families) of the U.S. Department of Health and Human Services, noted that four-fifths (78.3%) of child abuse victims were neglected, 18.3 percent were physically abused, 9.3 percent were sexually abused and 8.5 percent were psychologically maltreated. Of the victims who were sexually abused, 26.3 percent were in the age group of 12–14 years and one-third (33.8%) were younger than 9 years.

The historic verdict, although uncollectible,  represents vindication for victim and the victim’s family.  But who knows – as one juror pointed out during the trial, an incarcerated defendant could win the lottery.

While this was a tragic, troubling, and traumatizing event, hopefully it provides hope for other day care child abuse victims, and sends a strong message to day care centers across the nation.

In the Know: Emergency EpiPens in Schools

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Epipen

Lately it seems like the most dangerous threats are the ones we can’t see. Earlier this month the Northwestern School of Medicine and Chicago Public Schools discovered that more than 38 CPS students and administrators were treated with emergency medication related to severe allergy reactions during the 2012-2013 academic year, requiring treatment through the use of emergency EAIs (Epinephrine Auto-Injectors, more commonly known as EpiPens). Ninety two percent of those treated were students and almost half of the people involved had no known history of allergies. In many cases, the reactions proved to be life threatening.

State and federal lawmakers have wrestled with the idea of stockpiling epinephrine in schools for years. Only recently have they made strides to improve access to epinephrine medication. In November of 2013, President Obama signed a bipartisan bill that offers financial incentives for states, so long as schools in those states carry epinpephrine medication. Almost every state in the U.S., with the exception of New Hampshire, according to Food Allergy Medication & Research, Inc., has passed or is considering legislation that would require or improve access to epinephrine stockpiles. Just last year, according to the Daily Northwestern, 41 states passed policies encouraging schools to stock EAI medication.

This latest finding by Northwestern underscores the necessity of preparedness. CPS is one of the first urban school districts to carry EAI medication in its public and charter schools, a fact that may once been considered a rarity. In the cases of children, allergies have been on the rise. Roughly 1 in 13 kids has some type of food allergy, averaging out to roughly two kids per classroom.

On November 3, Tricia Prebil, a local school nurse, was honored by her school district for treating a school bus driver who suffered a life-threatening allergy reaction, says the Chicago Tribune. Prebil used an EpiPen, which wouldn’t have been possible just a few short months ago. Before August 1 of 2014, EpiPens admins were only allowed to use EpiPens for students who previously had medical approval.

EpiPens have been available for more than 25 years. Between 1987 – 2013 roughly 47 million auto-injectors have been dispensed, according to data from IMS Health.

 

Madigan Releases Annual ‘Safe Shopping Guide’ for 2014

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2014 Safe Shopping Guide
The 2014 Safe Shopping Guide from the Illinois Attorney General

Some lists are more important than others over the holidays: Santa’s list, of course, and the latest list coming from Illinois Attorney General Lisa Madigan’s office.

Madigan’s team has released its annual “Safe Shopping Guide” for the 2014 holiday shopping season.  The Safe Shopping Guide is considered by many to be a critical resource for parents in the midst of perpetual spending sprees.  Since 2007, the annual guide has been helping families avoid dreaded product recalls (an estimated 44 million individual units of children’s products are recalled each year, many of which go overlooked by retailers and remain available to unassuming shoppers!)

This year’s guide highlights over 100 recalled products, as determined by the Consumer Product Safety Commission.  Products recalled include toys, cribs, furniture, clothing and baby gear.  One of the great features of the “Safe Shopping Guide” is just how detailed it is.  You’ll find a comprehensive list of defective products, along with descriptions and photos pinpointing exactly what parents should be paying close attention to. Topping this year’s list are items like the Dynacraft Aviago Youth Bicycle (recalled on July 31 due to a faulty front tire prone to detach) and the Toys “R” Us Toy Toaster Set (recalled on October 13 as a result of the brittle plastic toast that has a tendency to crack and break into small pieces, posing a choking hazard).

“The Safe Shopping Guide is a must-have for this holiday season,” said Abe Scarr, Illinois PIRG (Public Interest Research Group) Director, in a statement released by the Attorney General’s office.  “Shoppers should pay close attention to toys that contain small parts that could lead to choking, and consumers should be especially vigilant while shopping online where recalled toys may still be available.”

Not Just Physical Products – Stay Cybersafe

New this year is a feature that provides important information on taking precautionary measures against identity theft and credit card fraud, two big concerns among consumers following several major data breaches at large retailers like Target, Michael’s, Neiman Marcus, and Home Depot.

Madigan’s guide includes preventative steps to help shoppers protect against identity theft.  Her office notes that caller complaints involving cyber security jumped 1,600 percent in 2013 alone; they have successfully helped more than 35,000 victims remove over $26 million in fraudulent charges from their credit, thanks in part by encouraging encouraging consumers to take preventative steps like the ones below.

Protect your data with four simple steps, as outlined in the Safe Shopping Guide:

Set up transactions alerts
Establish spending limits and email/text alerts to keep you updated whenever a transaction exceeds a certain threshold. Should you find out that your card exceeded the limit, you can dispute the charge immediately with your credit card company.

Regularly review your bank and credit card statements
It’s easy to pinpoint a fraudulent charge, especially when it’s a large amount. But some scammers have learned to do so over time with small charges that most people would otherwise not notice. Taking a closer look at your bank and credit card statements can help you find inconsistencies or patterns in small numbers.

Review your credit report for unauthorized accounts
Credit card holders are entitled to at least one free credit score report from each of the three nationwide credit reporting agencies each year. By ordering your credit report, you can determine whether any unauthorized accounts have been open in your name.

Consider putting a security freeze on your credit
Lock down your personal data and prevent scammers from gaining access to your personal information. It’s the most extreme but also the most sure-fire way to keep things safe and secure. You’re free to lift the freeze at any time, should you want to make a big purchase in the future.

Building My Dream Firm

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Ken Levinson Attorney

It’s rare that an attorney (or anybody, for that matter), stays at the same job with the same company for the entirety of his or her career.  Our career arc covers most of our lives, and plays as significant a role in our personal development as much as our professional development.  If you go home at night questioning whether you are passionate about what you do, or unable to envision your hard work now leading to your “dream practice,” it might be time to consider making a change.  Of course, this is not an easy, or even welcome, decision.  It is very personal and life-changing, and going through with the change requires hard work and planning.  But it is a decision that must be made.

After leaving my old law firm after 18 years to start Levinson and Stefani, I was invited by Susan Cartier Liebel, the Founder & CEO of Solo Practice University, to speak on my experience.  Today, my lecture, From Big Law to Solo – Guest Lecture with Ken Levinson, is available online at Solo Practice University and is free to listen to.

In the 44 minute lecture, I discuss how to leave a law firm graciously, gratefully, and without burning bridges so that your experience is a positive one. The discussion touches on some of the following subjects:

  • Why you should leave your firm
  • Tips for leaving and starting up new
  • Getting your “planning” team together
  • Ethical issues facing a partner leaving a firm
  • Client retention
  • Avoiding litigation and other distractions

Listen now or download the lecture to play back on your phone or iPod.  I hope you find the conversation helpful in your journey to your dream firm.  Best of luck!