Home

Search

Browse

About IPO

Staff

Links

Bill Summaries

Vetoes

Abortion
H.B. 2428, by Anne Willer (D., Hillside), would have eliminated abortion, induced miscarriage, or induced premature birth benefits included in the non-contributory portion of the Employees' Group Insurance Act of 1971, except for the preservation of the life of the mother or the unborn child. Vetoed September 15.

Appropriating fed funds
H.B. 3191, by Rep. Thaddeus Lechowicz (D., Chicago), would have required the expenditure of federal funds, except for colleges and universities, be appropriated by the General Assembly. Federal funds solely designated for distribution to units of local governments or school districts would also have been exempt. Vetoed September 12.

Election consolidation
S.B. 1419, by Samuel C. Maragos (D.,Chicago) and Sen. John A. Graham (R., Barrington), would have, like H.B. 2554, implemented the consolidated schedule of elections passed by the General Assembly and signed into law last year. The bill was vetoed September 15 by Gov. Thompson due to technical deficiencies. The governor amendatorily vetoed H.B. 2554.

Jail funding
H.B. 2539, by Rep. Ralph Dunn (R., DuQuoin), would have provided grants by amending the Unified Code of Corrections and the Capital Development Board Act-to counties and municipalities with jails that do not meet minimum standards of the Illinois Department of Corrections. Gov. Thompson vetoed the bill September 19, saying. "I believe the construction and operation of jail facilities is and should remain a local responsibility."

No smoking
H.B. 168, by Rep. Ronald Griesheimer (R., Waukegan), would have created the Public Smoking Act which would have prohibited smoking in elevators, indoor theatres, libraries, buses, art museums, concert halls and hospital patient rooms including patient areas used by or open to the public. Vetoed September 22.

Amandatory vetoes

Administrative rules
H.B.16, by Rep. Harry Yourell (D., Oak Lawn) and Rep. Jim Edgar (R., Charleston), creates the Joint Committee on Administrative Rules which may recommend rulemaking to any state agency. The bill also extends the notice period for changes in state administrative rules. Gov. Thompson amendatorily vetoed the bill, cutting the extension of notice provision from 90 days to 75 days. Thompson's amendatory veto also eliminated the third publication requirement of rule changes in the Illinois Register, a publication of the secretary of state which carries proposed rule changes. Thompson returned the bill to the House September 19.

Dual officeholding
H.B. 2801 by A. T. McMaster (R., Oneida), offers protection from conflict of interest problems for dual officeholders in H.B. 2800. The bill provides that elected township officials who are also members of the county board cannot vote, at either the county or township level, on agreements between the township and county relating to expenditures of federal revenue sharing funds or certain township funds. Gov. Thompson attached an amendatory veto to the bill to expand the safeguard against conflicts of interest to include a ban for dual officeholders on voting upon substantive agreements between the two county units, as well as fiscal matters. Thompson returned the bill to the House September 8.

Election consolidation
H.B. 2554, by Rep. Yourell, implements the consolidated schedule of elections passed by the General Assembly in 1977. The legislation centralizes the administration of elections in county clerks' offices and boards of election commissioners. The bill also makes procedural changes in regard to absentee ballots, referenda,

28/November 1978/Illinois Issues

polling places and district election cost sharing. Gov. Thompson attached an amendatory veto to the bill ending the effective date by one year to December 1, 1980, and requiring that vacancies in the office of mayor or alder man will be filled at the next scheduled election rather than at the next primary or nonpartisan election. In his veto message Thompson said without the changes the bill would permit "too long a period in which an appointed mayor or alderman may serve." Thompson returned the bill to the House September 19.

Mental health
S.B. 255 by Sen. Dawn Clark Netsch (D., Chicago) and Sen. Richard M. Daley (D., Chicago), creates the Mental Health and Developmental Disabilities Act which provides that all records of persons receiving mental health and devolopmental disabilities services are confidential. Disclosures required or allowed by statute, custom or good professional practice are specified with limitations and protections provided for each circumstance. Gov. Thompson's amendatory veto changes the bill's effective date to January 1,1979.

Signed by governor

Administrative rules
H.B. 15, by Reps. Yourell and Edgar, clarifies changes in the Illinois Administrative Procedures Act made last year, and requires the adoption of a uniform system for the codification of agency rules by July 1, 1980. By that date, agencies must file all rules with the secretary of state, the Joint Committee on Administrative Rules and the Cook County Law Library. The bill also provides a 30-day notice period for rulemaking and rule changes which begins to run upon publication of the notice in the weekly bulletin service of the secretary of state. P.A. 80-1457, effective January 1, 1979.

Affirmative action
H.B. 2875 by Rep. Daniel L. Houlihan (D., Chicago), requires the Fair Employment Practices Commission to establish a fact-finding board within 120 days after a charge of sex or race discrimination has been filed. After that four-month period and within 180 days the board must either issue a complaint, order no complaint be issued, or extend the fact-finding board's term upon agreement of all involved parties. Prior to the bill cases that went beyond 180 days were dismissed. P.A. 80-1452, effective September 16, 1978.

H.B. 3202, by Rep. Houlihan, amends the Fair Employment Practices Act to require persons with complaints be notified they have a right to bring a circuit court action within two years if their claims were not resolved within the statutory six-month period. The bill also allows the court to award costs and attorneys' fees to the plaintiff. Creates the Department of Equal Employment Opportunity to oversee affirmative action programs for state government. P.A. 80-1455, effective September 16,1978.

Business loans
H.B. 3167, by Rep. Michael J. Madigan (D., Chicago), gives the Industrial Development Authority the power to make loans and accept guarantees of those loans. Industrial project loans are limited to $10 million with total indebtedness limited to $100 million. Increases the maximum interest payable on authority bonds from 6 to 8 per cent, and allows assistance for equipment and its installation. P.A. 80-1435, effective January 1, 1979.

S.B. 1510 by Sen. Stanley B. Weaver (R., Urbana), allows the Illinois Industrial Development Authority to expand its loan program for small and medium size industries in economically depressed areas of the state by $500,000. The average loan made to a business by the authority is between $50,000 and $60,000, with requests now before the agency totaling about $260,000. "This program," said Gov. Thompson, "helps new businesses develop in Illinois, thereby aiding the state's long-term economic stability and growth." P.A. 80-1428, effective September 9.

Dual officeholding
H.B. 2800 by Rep. McMaster, allows township supervisors to serve on county boards. Previously, the law provided that simultaneous tenure was limited to those elected prior to 1978. P.A. 80-1424, effective September 8, 1978.

Employment agencies
H.B. 2661, by Rep. Eugenia S. Chapman (D., Arlington Heights), places tighter regulations upon private employment agencies. Eliminates the common law defenses of contributory negligence and assumption of risk in suits involving the hiring of domestic employees. Allows the director of the Department of Labor or his designated representative the power to conduct hearings in accordance with legal administrative procedures on complaints of violations of the law. Requires domestic employees to undergo an annual physical examination. P.A. 80-1370, effective August 14,1978.

Energy shortage
S.B. 1546 by Sen. Prescott E. Bloom (R., Peoria), amends the Public Utilities Act to give preference to residences, law enforcement agencies, hospitals, nursing homes and multiple family dwellings for natural gas service in emergency situations. P.A. 80-1420, effective September 8, 1978.

Government forms
H.B. 3083, by Rep. Robert C. Winchester (R., Rosiclare), establishes a Statewide Forms Management Program within the Department of Administrative Services for the purpose of coordinating, simplifying or eliminating forms, surveys and other documents used by state agencies. The department is to evaluate the program's effectiveness annually. P.A. 80-1338, effective August 9, 1978.

Handicapped education
S.B. 386, by Sen. Arthur L. Herman (D., Evanston) guarantees due process procedures by an impartial hearing officer for placement of a child in a special education program. Makes the State Board of Education the supervisor of all programs for children who are mentally retarded, emotionally disturbed, physically handicapped, or have learning disabilities, hearing loss, speech impairments or other handicaps. P.A. 80-1403, effective August 25,1978.

S.B. 389, by Sen. Berman, extends the state's authority to use tax monies for programs for handicapped preschool children under age three. P.A. 80-1401, effective August 23, 1978.

S.B. 393, by Sen. Berman, requires the state to pay for medical diagnosis by a licensed physician to determine a child's need for special education. Also requires the state to provide sign language interpreters in special education facilities for the deaf. P.A. 80-1404, effective August 25, 1978.

S.B. 395, by Sen. Berman, sets a new private tuition formula for handicapped children placed in private day care or residential facilities by a local school district. Parents or guardians of a handicapped child pay none of the cost for such placement. Establishes a Governor's Purchased Care Rate Review Board to examine tuition cost increases of over 10 per cent and approve total tuition costs above $4,500 a year. P.A. 80-1405, effective August 25, 1978.

S.B. 1055, by Sen. Berman, empowers the governor to appoint a 15-member Advisory Council on Special Education of Handicapped Children. The council is to advise the State Board of Education on rules and regulations covering education of handicapped children. P.A. 80-1406, effective August 25, 1978.

Handicapped insurance
H.B. 3283, by the House Insurance Committee, prohibits insurance companies from discriminating against handicapped individuals in rates, dividends or other terms of their policies, unless based upon sound actuarial principles and a reasonable classification system. P.A. 80-1373, effective January 1, 1979.

Hospital rates
S.B. 1060, by Sen. Berman and Sen. Sam Vadalabene (D., Edwardsville), sets up a nine-member Illinois Health Finance Authority which will establish hospital rates beginning in 1980. The authority is to be composed of five private citizens, two representatives of third party payers such as insurance companies, and two hospital representatives. The five private citizens will be the only members with voting power. In signing the bill, Gov. Thompson said it is hoped the body will be able to hold down hospital rates, which are climbing now by 15 per cent a year. P.A. 80-1427, effective September 12, 1978.

Insurance, mine subsidence
H.B. 158, by Rep. Celeste Stiehl (R., Belleville), makes mine subsidence insurance available to all Illinois residents. Amends the Insurance Code by creating the Mine Subsidence Reinsurance Facility which requires companies that insure against fire provide subsidence insurance. Insurers, with the approval of the facility, may refuse to provide coverage on a structure completed after the bill's effective date if the insurer can prove the re was previous subsidence. P.A. 80-1413, effective October 1, 1979.

Local government
H.B. 2928, by Rep. Monroe L. Flinn (D., Cahokia), gives communities the power to create on-site wastewater treatment zones, meeting federal financial assistance guidelines. Under a new federal grants plan, small, rural communities can receive funds for up to 85 percent of the cost of replacing or rehabilitating wastewater disposal systems. The Illinois Environmental Protection Agency will administer the grants to eligible communities starting October 1, 1978. P.A. 80-1371 effective August 15, 1978.

H.B. 2436, by Rep. Michael A. Abramson (R., Chicago), reduces from 10 to 5 years the waiting

November 1978/ Illinois Issues/29

period before counties may sell tax-delinquent properties. Supporters of the measure hope it will prevent declining property values in neighborhoods adjacent to tax-delinquent property. P.A. 80-1407, effective January 1, 1979.

Marijuana for health
H.B. 2625, by Joseph B. Ebbesen (R., DeKalb), allows physicians to administer marijuana to glaucoma and cancer chemotherapy patients. Prior to this bill, Illinois law limited the use of marijuana to persons conducting research and registered to do so with the federal government. P.A. 80-1426, effective January 1, 1979.

Memorial Day
S.B. 1455, by Sen. David C. Shapiro (R., Amboy), provides that Illinois schools will commemorate Memorial Day on the final Monday in May, the same day as provided by federal law. This holiday change was an amendment to S.B. 1455, which provides that school districts be limited to summer school reimbursement only for the profoundly handicapped. P.A. 80-1280, effective July 31, 1978.

Mental health
S.B. 250, by Sens, Netsch, Daley and Jack Schaffer (R., Cary), establishes a bill of rights for the recipients of mental health services. The legislation provides potential recipients with the right of informed consent — proposed treatment must be explained — and the opportunity to refuse treatment, except when necessary to prevent an individual from seriously harming himself or others. "No other state, said Gov. Thompson, "has defined the rights of all recipients of mental health services, including the right to refuse treatment, to the extent we are defining them in Illinois today." Restraint may be used only as a therapeutic measure to prevent harm, only on a physician's order or in an emergency. No patient can be subjected to unusual, hazardous or experimental services without that patient's written or informed consent. Consent for minors must come from the parent or guardian with court approval. The bill, which replaces the Mental Health Code of 1967 with the Mental Health and Developmental Disabilities Code, also allows for independent review of department decisions regarding admissions, transfers and discharges. P.A. 80-1414, effective September 5, 1978.

S.B. 252, by Sens. John J. Nimrod (R., Skokie) and Daley, sets new court procedures and criteria for the appointment of guardians for disabled adults. Amends the Probate Act of 1975 to encourage the courts to arrange guardianships that take into account each person's capabilities and limitations. P.A. 80-1415, effective January 1, 1979.

S.B. 253, by Sens. Daley and Schaffer, creates the Guardianship and Mental Health Advocacy Commission. The commission, which will be appointed by the governor and confirmed by the Senate, will provide volunteer advocacy, legal representation and guardianship services when such services are not available elsewhere. P.A. 80-1416, effective September 5, 1978.

Sports licenses

H.B. 2490, by Rep. Ronald E. Griesheimer (R., Waukegan), increases Illinois hunting license fees. The resident license goes up from $3 to $7. A Sportsmen's Combination License is made available for $11. Other fees for waterfowl and pheasant hunting are also raised. The last increase was in 1957. P.A. 80-1409, effective March 31, 1979.

H.B. 2491, by Rep. Griesheimer, increases the state resident fishing license fees for sport fishing and spearing devices from $2 to $5. Adds new fee of $2 for a day of fishing in Lake Michigan using a hook and line or a spearing device. "The one-day provision should help increase Illinois' tourism appeal," Gov. Thompson noted, "because Lake Michigan has become one of the premier fishing waters in the United Stales." P.A. 80-1410, effective March 31, 1979.

Sports noise
H.B. 2754, by Rep. John Edward Porter (R., Evanston), bars the state from regulating noise emissions at auto racetracks and gun clubs. The bill applies to skeet, trap or shooting sports clubs, and spectator sporting events, contests, events or rallies sponsored by sports car associations which are chartered, in operation and at their present locations prior to January 1,1975. The exemption also includes events sponsored by the American Athletic Union, National Collegiate Athletic Association and the Illinois High School Association. P.A. 80-1422, effective January 1, 1979.

Transit funds, downstate
H.B. 2749, by Allen F. Bennett (R., Decatur), guarantees funds collected under the Downstate Public Transportation Act will be spent for downstate public transportation services. The bill repeals the provision of the act that specified the unexpended amount of funds collected for bus service in downstate communities be turned back to the state at the end of each year. P.A. 80-1456, effective September 15, 1978.

Utilities and renters
H.B. 2949, by Rep. Corneal A. Davis (D., Chicago), orders utility companies to notify tenants of a possible service suspension if the landlord has not paid a building's utility bill. After receiving the notification, the tenants may elect to pay the overdue bill or petition the court to appoint a receiver of rents due and request the receiver pay the bill from rents collected. Prevents a landlord from raising rents to pay utility bills. P.A 80-1453, effective January 1, 1979.

H.B. 2950, by Rep. Davis, gives consumers 30 days to prove to a utility company that an unreasonably high bill is the result of meter tampering. If a landlord is found to be the party benefiting from tapping the line, tenants may petition the court to appoint a receiver to collect rents and pay the utility company. P.A. 80-1454, effective January 1, 1979.

Welfare fraud
H.B. 3157, by Rep. William A. Redmond (D., Bensenville) and Rep. Michael J. Madigan (D., Chicago), gives the Department of Registration and Education the power to revoke, suspend or refuse to renew the license of physicians, nurses, dentists, optometrists, pharmacists and podiatrist who attempt to defraud the state's Medicaid system. P.A. 80-1425, effective January 1, 1979.

30/ November 1978 / Illinois Issues