Question of the day - Golden Horseshoe Awards
Thursday, Dec 4, 2014 - Posted by Rich Miller
* The Beth Hamilton Golden Horseshoe Award for Best House Secretary/Admin. Assistant goes to Beth Chapman…
She’s got a very liberal Chicago legislator (Cassidy) and a downstater (Phelps) and can switch gears on a dime when taking calls. She’s able to serve two almost completely different constituencies with the unique touch needed for both.
She’s also one of the sweetest people you’ll ever meet, and has the best candy on her desk!
Kristin Milligan, whom I dearly love, received quite a few votes, but she won last year and we should spread this around.
* The Golden Horseshoe Award for Best Senate Secretary/Admin. Assistant goes to Lisa Katava…
Having business at the Capitol fairly often you get to meet a lot of people, elected officials, Leg. Asst’s, and State employees in various agencies. Of all that I have met, Senator Mulroe’s L.A. Lisa Katava has to be the best. She speaks to everyone, pays attention to what you are saying, and goes out of her way to accommodate everyone. If I haven’t said it before, ”Thank you Lisa.”
* Let’s move along to our next categories, with last year’s winners in parentheses…
* Best State Senate Staffer - Non Political (Eric Madiar)
* Best State House Staffer - Non Political (Heather Weir Vaught)
Please explain your nominations and do your best to nominate people in both chambers. Thanks!
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* As you already know, the Illinois Supreme Court declared the state’s eavesdropping law to be unconstitutional. There have been several attempts to draft a new law, and the latest has cleared both chambers. Some bullet points from the bill’s sponsor…
_An eavesdropper is someone who uses an eavesdropping device to secretly record a private conversation without the consent of all parties involved in the conversation. A conversation is considered private if at least one of those involved had a reasonable expectation the conversation is private.
_An eavesdropper is anyone who uses a device to secretly record electronic communications without the consent of everyone involved.
_An eavesdropper is someone who discloses the content of a private conversation or private electronic communication without permission.
_The penalty for eavesdropping on a law enforcement officer, state’s attorney or judge is reduced from a Class 1 felony to a Class 3 felony.
_Law enforcement can use an eavesdropping device to record conversations around certain forcible felonies with the approval – written or verbal – of the local state’s attorney. State’s attorneys must submit reports annually explaining how often this exemption was used.
* The “discloses the content of a private conversation or private electronic communication without permission” stuff troubles me. A lot. Here is the language…
Uses or discloses any information which he or she knows or reasonably should know was obtained from a private conversation or private electronic communication in violation of this Article, unless he or she does so with the consent of all of the parties.
* Private conversation defined…
For the purposes of this Article, “private conversation” means any oral communication between 2 or more persons, whether in person or transmitted between the parties by wire or other means, when regardless of whether one or more of the parties intended the their communication to be of a private nature under circumstances reasonably justifying that expectation.
* The reasonable expectation definition should mean that somebody could record a police officer in a public space (which is what the state Supreme Court case was about) without first obtaining permission…
A reasonable expectation shall include any expectation recognized by law, including, but not limited to, an expectation derived from a privilege, immunity, or right established by common law, Supreme Court rule, or the Illinois or United States Constitution.
But…
The eavesdropping of an oral conversation or an electronic communication of any law enforcement officer, State’s Attorney, Assistant State’s Attorney, the Attorney General, Assistant Attorney General, or a judge, while in the performance of his or her official duties, if not authorized by this Article or proper court order, is a Class 3 felony, and for a second or subsequent offenses, is a Class 2 felony.
So, unless we get another top court case, I figure people will still be arrested if they do something like record police officers who are in their homes.
* Now, let’s move on to the definition of private electronic conversations…
…any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or part by a wire, radio, pager, computer, electromagnetic, photo electronic or photo optical system, when the sending or receiving party intends the electronic communication to be private under circumstances reasonably justifying that expectation.
So, forwarding a private e-mail would be a crime? More importantly, if a journalist receives a forwarded private e-mail (which happens more than you might think), could the journalist be charged with a crime if it results in “disclosure”? Sure looks that way.
Not cool at all. I’m told this was inserted at the insistence of the Senate Democrats, but it was done in such a way that if (when) a court strikes it down the action wouldn’t kill off the rest of the law.
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Savings program goes to governor
Thursday, Dec 4, 2014 - Posted by Rich Miller
* From AARP…
On a vote of 30-25-02 in the Senate and 67-45 in the House, the Illinois Secure Choice Savings Program (SB2758) was approved by the Illinois General Assembly today. The bill will give millions of private sector workers in Illinois the opportunity to save their own money for retirement by expanding access to employment-based retirement savings accounts.
SB2758, sponsored by Illinois Senator Daniel Biss and Representative Barbara Flynn Currie, will automatically enroll workers without access to an employment-based retirement plan into the Secure Choice program. While workers can opt-out of the program, those who do participate will be able to build savings in an Individual Retirement Account (IRA) through a payroll deduction. All accounts will be professionally managed; the large number of accounts expected to be under management will ensure that fees are low and investment performance is competitive. […]
More than 2.5 million workers do not have access to a retirement savings account through their employer, according to a report from the Woodstock Institute. The report found lack of access is most serious for low-wage workers, of whom 60 percent lack access, but even for workers making $40,000 or more, 49 percent do not have access to an employment-based retirement savings plan. In every Senate district in Illinois, over half of private-sector workers do not have access to this type of plan.
* Greg Hinz…
No American state now has anything quite like the program, which would apply to employees of firms with at least 25 workers who do not have access to an employer-provided retirement account. That may explain some of the opposition, especially from the insurance industry and Springfield Republicans, who say the measure was rushed through and should have been left for Gov.-elect Bruce Rauner to consider.
But Biss said a similar measure was endorsed both by President Barack Obama and GOP nominee Sen. John McCain in the 2008 election, and he expects great things from it. […]
Biss disputes charges that the plan will place a big new burden on business. Companies merely have to offer new hires a form to decline enrollment and then integrate withholding into their regular payroll software, he said. […]
Fees will be limited to a maximum of 75 basis points, or 0.75 percent, of the value of an individual’s savings account. The bill takes effect June 1, with a two-year setup period, so no savings accounts will be established until June 2017.
Some insurance folks who market “whole life” plans as retirement options were opposed.
* The SJ-R editorialized in favor…
Clearly, it’s easier to save money when it’s an automatic, hands-off process. Few people have the fiscal discipline to set aside a money from every pay check to deposit later for something fun, like a vacation or a car, let alone the long-term goal of retirement.
It’s an especially difficult prospect for those who barely make ends meet in the first place, a problem frequently exacerbated by unemployment or underemployment in this still-recovering economy.
What happens to all of these savings-challenged Americans when they no longer can work and have no money saved to pay for their health care, housing and food? They will be thrust into the nation’s social safety net, which taxpayers support whether they want to or not.
* From a Sen. Michael Frerichs press release…
“I applaud Senator Biss and Leader Currie for championing financial security, and we all thank the businesses, nonprofits and religious groups that helped make Illinois the first in the nation to take this innovative step,” said Treasurer-elect Mike Frerichs. “I’m honored to have helped millions of middle class Illinoisans save their own money for their retirement, and I look forward to implementing Secure Choice as the next state treasurer.”
We’ll see how implementation goes, but this is a really good idea.
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* From Rahm Emanuel campaign manager Mike Ruemmler…
“Today, an objection was filed to the petitions of Mr. Willie Wilson and Mr. Frederick Collins, both candidates for Mayor, by Julian Nicks and Pam McKinney, both of Chicago. Mayor Emanuel’s re-election campaign supports these challenges and believes that they will be successful.
“A full and thorough review of all of Mr. Wilson’s 43,000 signatures has revealed an astonishing pattern of deception. After careful review, the campaign found that more than 35,000 signatures included fake and duplicate signatures, false addresses of petitioners, and a particularly sloppy overall petition submission, rife with name and address strikeouts.
“Of particular concern is the fact that there were similar patterns in the petitions of Gabe Beukinga, a candidate for 27th Ward Alderman, whose petitions are also being challenged on similar grounds. The common denominator between Mr. Beukinga and Mr. Wilson is Ricky Hendon. Not only is Ricky Hendon involved with the petition gathering effort for both candidates, but he is Mr. Wilson’s political director.”
“Mr. Collins’ signatures fly in the face of any acceptable standard. His pages feature the same handwriting, page after page, for pages on end.”
Attachments include:
* So, who is Willie Wilson and why is Mayor Emanuel concerned? Charles Thomas profiled the businessman not long ago…
Wilson, who owns a $60 million a year medical supply business, says his voting address is a penthouse apartment overlooking Lake Michigan. It’s a long way from rural Louisiana, where he says he picked cotton and dropped out after seventh grade. […]
“We give away personally about $800,000 to $1 million a year to churches every year,” Wilson said.
And the leaders of those churches say they’ll help the candidate. […]
Wilson, who supported Republican Bruce Rauner in the governor’s race, says Rahm Emanuel failed the city’s children when Emanuel closed schools.
Wilson’s net worth is estimated by some to be as high as $65 million.
* From an October Chicago Magazine story…
Willie Wilson, owner of a medical supply company and a gospel music production company —his weekly Sunday morning gospel show, Singsation! nationally syndicated, airs on WGN-TV—spends many Sunday mornings with Rauner, accompanying him as he makes the rounds of black churches “up and down the state.” The two drive in one car, Wilson says, and their drivers in another. Wilson says he’s been “pretty much a Democrat all my life”; he donated heavily to Quinn’s 2010 race. Quinn is a “personal friend” who “wasn’t happy” when Wilson, a Louisianan sharecropper’s son, the third of 11 children, told him he had switched sides.
The Rauner campaign is understandably steering clear of Wilson’s candidacy these days.
* The Wilson campaign’s response to the petition challenge…
Wilson’s spokesman denied those accusations and said it’s all political chicanery.
“We know that our signatures are good,” said Gregory Livingston. “We’re not putting people out to do those kind of deceptive things.” […]
Livingston chalked up the accusations to “old school Chicago politics” and said Emanuel’s campaign is trying to scare black voters.
“They decided to go with the biggest kind of scare they could,” Livingston said. “It’s going to backfire on them.”
If they don’t succeed in knocking Wilson off, the challenge could very well backfire. I’m assuming the mayor’s campaign knows what it’s doing here and understands the risks involved. We’ll see.
*** UPDATE *** Rickey Hendon just called to say he has starting going through Emanuel’s objections. On the first page alone, Hendon claimed, he found about half of the objections to be spurious.
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Not a good week for the governor’s legacy
Thursday, Dec 4, 2014 - Posted by Rich Miller
* AP…
Illinois House Speaker Michael Madigan says he plans to adjourn his chamber on Wednesday and not call lawmakers back before the new governor is seated.
The Chicago Democrat told the Associated Press on Wednesday that the House has “finished our work for this session.”
That would mean lawmakers will not address major legislation such as a minimum wage hike and the state’s financial problems before Republican Gov.-elect Bruce Rauner and a new General Assembly are sworn in in mid-January.
* Tribune…
In gaveling an end to the session Wednesday, House Speaker Michael Madigan ensured plenty of opportunities for the Democratic-led legislature to spar with Republican Gov.-elect Bruce Rauner next year.
Lawmakers did nothing to extend the 2011 income tax hike, which means Illinois residents will get a big tax cut come Jan. 1, when the personal rate rolls back from 5 percent to 3.75 percent, even as state finances will take a $4 billion a year hit.
A statewide minimum wage increase fell flat in the House. Senate Democrats passed their own version of a wage hike, and departing Democratic Gov. Pat Quinn said “it isn’t over” and indicated he would use his fading power to ask House lawmakers to reconvene and urge them to pass it. A Madigan aide said a special session would be futile.
* SJ-R…
Sen. Kimberly Lightford, D-Maywood, principal sponsor of the minimum wage bill, said she was told by Gov. Pat Quinn that a special session could be called to give the House a chance to vote on increasing the minimum wage.
“I know for sure that our governor is looking to call a special session for the House to return and take up the measure,” Lightford said following the Senate vote. “He straightforward said that he would not allow the House to not vote for a minimum wage increase before the end of the year. He said before Christmas.” […]
However, a spokesman for House Speaker Michael Madigan, D-Chicago, said there is no indication a special session will be called.
“It’s been said to us they (the Quinn administration) are not contemplating a special session,” spokesman Steve Brown said.
* Kurt Erickson…
An 11th-hour bid to establish a state-based health insurance exchange fell short Wednesday when the Illinois House adjourned for the remainder of the year without bringing up the matter for a vote.
Against the backdrop of a federal deadline to take action and the looming end of single-party control of state government, the sponsor of the measure said she couldn’t round up enough votes to get the measure to outgoing Democratic Gov. Pat Quinn’s desk.
* AP…
Illinois lawmakers have overturned the governor’s veto of legislation aimed at increasing the speed limit to 70 mph on the state’s toll highways.
The House voted 100-11 Wednesday to override Gov. Pat Quinn’s veto of the legislation sponsored by Republican state Sen. Jim Oberweis. A bill passed in 2013 increased the speed limit to 70 miles on interstates, but kept the limit lower in urban areas. Oberweis’ bill allows the state Tollway Authority to establish higher limits in urban areas.
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Trial lawyers win a big late victory
Thursday, Dec 4, 2014 - Posted by Rich Miller
* From a Senate Democratic press release…
Mesothelioma, a type of cancer linked to asbestos exposure, is often an aggressive and fast-moving disease. Attacking the membranes that protect the heart, lungs and other vital organs, it causes death within an average of eight to fourteen months following diagnosis.
But symptoms typically don’t manifest themselves for 20 years — or even as long as 50 years — following exposure to the fibers that make up asbestos, which was widely used in construction as late as 1970s and is still being removed from many homes and buildings.
That’s a problem for sufferers and their families, who are currently barred by Illinois law from seeking damages from negligent construction companies more than 10 years after they were exposed to asbestos.
State Senator Kwame Raoul recently sponsored legislation to change that by removing the time limit on lawsuits over mesothelioma and other asbestos-related diseases.
The House and Senate have both approved the measure, and if signed by the governor, it will become law, allowing victims of this deadly and preventable cancer to seek compensation for their medical expenses and their pain and suffering.
* There are other views, of course…
Described by one opponent as a “last-minute and desperate attempt” to change rules before Republican Gov.-elect Bruce Rauner is sworn-in, Senate Bill 2221 will move to the desk of outgoing Democratic Gov. Pat Quinn’s for signature. […]
Another critic, Travis Akin, executive director of Illinois Lawsuit Abuse Watch, said the bill will “open up a whole new way for personal injury lawyers to file asbestos lawsuits in Madison County.”
“Madison County already attracts about one quarter of the nation’s asbestos lawsuits. This will only attract more out-of-state lawsuits and make Illinois even more of magnet for out-of-state lawyers looking to hit the lawsuit lottery in Illinois,” he said. “This legislation will only lead to more lawsuits and what Illinois needs is jobs – not more ways to sue.”
Approximately 40 business opposed the bill during session on Monday.
Mark Denzler, vice president and chief operating officer of the Illinois Manufacturers’ Association, called the amendment introduced two days before Thanksgiving the “veto session surprise.” He and others said the legislation would be detrimental to business interests.
* More on the Madison County angle…
This Monday, on the first day of the month, 181 asbestos cases were scheduled for trial in Madison County Court. Can you guess how many of the plaintiffs were from Madison County?
You’re not going to win anything if you guess correctly – other than bragging rights – but it’s a challenge and you have to respond because we’re daring you to do so.
Come on, take a wild guess. Out of 181 suits scheduled for trial, how many plaintiffs are from Madison County? 150? 100? 50?
Believe it or not, out of 181 asbestos cases filed in Madison County Court, only one plaintiff is a Madison County resident.
She is represented by the Simmons Hanly Conroy firm in Alton.
Of the 180 plaintiffs who are not Madison County residents, at least 163 are represented by the Simmons firm.
* But things may be changing elsewhere…
Despite a string of multimillion-dollar jury verdicts in favor of plaintiffs, asbestos defendants may now have a friendlier forum in McLean County, Illinois. Recently, after a three-week trial, it took a McLean County jury just one-and-a-half hours of deliberation to reach a verdict for the defendants in a forum that was once placed on the “Judicial Hellholes Watch List” by the American Tort Reform Foundation. The decedent in McGowan v. Illinois Central Railroad (Case No. 08-L-12) was a former rail yard worker. The plaintiff in McGowan alleged the decedent was exposed to and came into contact with asbestos-containing products of Sprinkmann Sons Corporation of Illinois, an insulation contractor, while working at Illinois Central Railroad. In light of the testimony from the decedent’s brother that he could not specifically remember Sprinkmann or any other insulation contractor being at the Illinois Central Railroad yard, perhaps the verdict for the only two remaining defendants in the case should not be a surprise. After all, Judge Rebecca S. Foley had granted a defendant’s motion for a directed verdict at the end of the plaintiff’s presentation of evidence on the product liability claim, with only the plaintiff’s spoliation of evidence claim proceeding to the jury.
What may be more remarkable is that the verdict for the defendants was the third such verdict recently reached for Sprinkmann in asbestos cases in McLean County, according to HarrisMartin Publishing. Defense counsel in the McGowan case – Matushek, Nilles & Sinars LLC – also report three recent verdicts in favor of asbestos defendants in McLean County. The defense verdicts are significant in part because McLean County is not a high volume asbestos litigation forum and, therefore, the verdicts represent a good sample of cases in the county. To date, only eleven asbestos cases have even been filed in McLean County in 2014.
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* From Michael Sneed…
Sneed hears that powerful Illinois House Speaker Mike Madigan’s decision Wednesday not to call the state’s minimum wage bill during this week’s veto session — which Quinn wanted big-time — was intended to do Mayor Rahm Emanuel a favor.
◆ Translation: “Gov. Quinn wanted the state minimum wage hike passed before he leaves office — but Madigan, instead, tossed a sop to Rahm in order not to steal Rahm’s re-election thunder,” a top Sneed source said. […]
The latest version of the state’s minimum wage bill would have nullified Chicago’s home-rule authority to raise the minimum wage in the future. The City Council — under Rahm’s leadership — passed a bill this week raising the city’s minimum wage to $13 an hour by 2019. […]
Quinn may be a lame duck — but he is still quacking.
“Before the new governor arrives, I want a $10-an-hour minimum wage passed outside Chicago,” he told Sneed Wednesday. “I’ve been waiting for Mike [Madigan] to get this needle threaded. I just want a plain vanilla minimum wage passed. But it has just been hurry up and wait for the Senate to act.”
Two guesses who that “top Sneed source” is.
*** UPDATE *** The Quinn folks say that the governor and his staff were definitely not the source and that the governor doesn’t agree with the sentiment expressed.
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