Legislative Action
Crying needs and screaming taxpayers
By GARY ADKINS and JOHN E. WILLIAMS
The legislature is again faced with money problems. But this year they are exacerbated by the taxpayer revolt (in the form of the "Thompson Proposition"), runaway inflation (which lessens the value of revenue dollars) and strident demands by special interest groups, including state employees (who will likely want pay increases after the way the legislature grabbed raises for top officials). The budget, as always, is precarious, and there are crying needs for more spending in neglected agencies — especially in the human services areas, but also in transportation and education. Meanwhile, the business climate in Illinois is said to be horrendous compared with neighboring states; the state Constitution requires that the corporate personal property tax be replaced immediately (though the courts may intervene), and political tensions have never seemed worse.
If the problems are no different from other years, there certainly seems to be less room to maneuver in. There are also controversial philosophic questions like ERA, abortion and the drinking age. These are likely to distract lawmakers from the painful task of allocating funds. (For details on signficant issues, see Bill Summaries.)
The Senate got down to business on Valentine's Day when it tackled a controversial rule change that would have made passage of ERA easier. After hearing testimony from supporters and opponents of the proposed rule change and Senate President Philip Rock (D., Chicago) urging the "time is now" to resolve the issue, the Senate voted to defeat the motion 31 to 24 with'one senator voting present and three absent. The proposed change would have reduced the three-fifths vote required to adopt proposed amendments to the U.S. Constitution to a simple majority, from 36 to 30 votes. The failure of the rule change diminished the chances of ERA passing this session and possibly the plan to designate the District of Columbia the 51 st state. In the past few years, both the House and Senate have required a three-fifths majority of their rules, which are adopted at the onset of each session with a simple majority vote of approval (the three-fifths vote is not a constitutional requirement).
The General Assembly is not expected to get underway at full steam until at least March, when the governor must present his budget, according to law. In the meantime, local primaries on February 13 and 27 will keep many legislators in their districts campaigning for local candidates. General elections on April 3 and 17 will again distract politicians. Historically, Chicago Democrats work diligently at home until after their primary, February 27, and their general election, April 3.
In the first three weeks of the session, the House met only twice and the Senate once for perfunctory sessions. The new names had been added to the electronic voting boards, and the leaders in both Houses were working on assigning office space to new members. On January 29, Democratic leaders in the House and Senate announced their choices for committee chairmanships (see box).
Chairmanships are crucial in terms of setting the agenda and pace of a legislative session because chairmen rule on when bills are to be called for committee consideration and decide which witnesses to hear and for how long. For example, last year's session was considerably bogged down when committee chairmen refused to act on agency budgets until the governor released cost-cutting information then being prepared by a volunteer business task force. At session's close the agency budgets were finally packed together in "omnibus" bills and passed prior to release of the "Governor's Cost Control Task Force Report," which came out in July.
Chairmen received severe criticism last year for failing to demand adequate and hard-nosed consideration of committee bills, so as to weed out wasteful and unnecessary legislation. Veteran observers say the committee system was largely by-passed or ignored on the most important bills, and many frivolous measures sailed through as favors to sponsors.
This year several officials have already called for a by-pass of the committee system on two major issues. The first was $5.1 million in additional funding for the Department of Children and Family Services (DCFS) to hire new child abuse caseworkers. The DCFS bill was ditched at the close of the last session on January 10, and Gov. James R. Thompson was among those calling for circumventing the committee system in the first days of this session, The other measure was House Joint Resolution 8, sponsored by Rep. Woods Bowman (D., Chicago), which would ban approval of legislators' pay raises during lame-duck seasons.
The DCFS funding, S.B. 16, by Sen. David J. Regner(R., Mt. Prospect) was discharged from committee without a hearing January 31 and passed by the Senate February 7. It goes to the House.
Taxes
The areas of taxes and government spending will undoubtedly occupy much of the legislature's time and more citizen attention than any other single issue. The range of proposals will probably include major reforms such as limitations on state spending and taxing to minor changes such as tax breaks for business or exemptions from the state sales tax on food and prescription drugs. Some of the major tax-related bills introduced thus far are:
H.B. 121, by Rep. Donald E. Deuster(R Mundelein) would gradually reduce the assessed valuation of the fair cash value of real property from the present 33 1/3 per cent to 10 per cent over a six-year period.
H.B. 197, by Rep. Donald L. Totten(R.. Hoffman Estates) would index the Illinois standard tax exemption to keep pace with inflation.
H.B. 27, by Rep. Herbert V. Huskey (R., Oak Lawn) would give a $400 income tax deduction to renters.
H.B. 131, by Rep. Richard F. Kelly, Jr. (D, Hazel Crest) would increase homestead exemption from $1,500 to $3,000 for those 65 or older
H.B. 207, by Rep. Gary Hannig (D., Mount Olive) would exempt food and medicine from state and local sales and use taxes on those over 65.
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Corporate property tax replacement
The 1970 State Constitution charged the legislature with the responsibility for abolishing the regressive tax on corporate personal property by January 1, 1979, and replacing it with a different tax affecting the same class. The voters have twice supported the requirement, most recently last November, but thus far the General Assemlby has ignored both the will of its citizens and the specific language of the Constitution, mainly because business cannot agree on a fair replacement. No bills had been introduced on the subject as of January 31.
Gas tax
At present the state levies a lx/i cent per gallon tax on the sale of motor fuels, which yearly brings in nearly $440 million, nearly 60 per cent of which goes to local cities, counties and townships to repair roads; 38 per cent goes to the state road fund. Many Illinois highways are in bad condition because of three consecutive harsh winters, but the road fund is broke. The governor has waffled as to whether he will ask for a gas tax increase.
H.B. 133, sponsored by Rep. Kelly, would exempt local governments and school districts from paying any gas tax or utilities tax.
H.B. 134, sponsored by Rep. Kelly, would restrict the gas tax supporting the Regional Transportation Authority to Chicago, instead of the entire RTA region, and limit the tax to 5 percent.
Abortion
The recent revelations of Chicago's abortion clinics surely shocked many ignorant of the situation and warranted the need for stricter abortion regulation. Already Rep. Richard F. Kelly, Jr. (D., Hazel Crest) has introduced a package of six bills that would stiffen state laws on abortions. H.B. 212 would require licensing of abortion counselors and clinics; H.B. 213 would require that women seeking an abortion be informed of the physical and mental dangers of the abortion procedure, and establish a 24-hour waiting period between acknowledge merit of informed consent and the abortion procedure itself; H.B. 214 would make it a major felony for a licensed physician to perform an abortion procedure on any woman not pregnant; H.B. 215 would require abortion clinics to meet hospital licensing standards. H.B. 216 would establish a state abortion fee to collected by the Department of Public Health for use in providing counseling on alternatives to abortion; J H.B. 217 would prohibit abortion referral fees.
Chicago concerns
As the largest city in Illinois and the third largest in the U.S., Chicago has needs and priorities which differ from the rest of the state. The city needs more revenue to finance education and city services. One likely new revenue source is legalized off-track betting (OTB). The governor has said he is opposed to OTB on moral grounds, and the suburbs or downstate may desire a cut of the pie if OTB is to become legal. Another priority for Chicago is a new municipal sports stadium to replace ancient facilities for professional sports. The city also wants to prevent a decrease in RTA revenues, although the suburbs are dissatisfied with paying taxes for what they say are inadequate services.
H.B. 116, by Rep. Bruce R. Waddell (R., Dundee), would restrict RTA taxing power to Cook County, and require the RTA to repay any such motor fuel, occupation or use tax collected outside Cook County from January 1,1979, until the act takes effect. Effective immediately upon becoming law.
H.B. 117, by Rep. Waddell, and a companion bill to 116, would transfer money now collected for RTA in counties outside Cook to the state Road Fund.
S.B. 3, by Sen. Robert W. Mitchler (R., Oswego), would require future motor fuel taxes imposed for RTA be approved by the governor and General Assembly.
Collective bargaining
Over a dozen collective bargaining bills were introduced in the 80th General Assembly. The idea of a statutory collective bargaining system for public employees, including teachers, police and firemen, has been before the legislature every session since 1947, but no bill has passed. However, collective bargaining exists already under executive order issued by former Gov. Daniel Walker and is recognized by the courts.
H.B. 106, by Rep. Donald E. Deuster(R., Mundelein), would provide that any employee of the state, units of local government or school districts may be dismissed for engaging in a strike.
Consumer concerns
The General Assembly must attempt to balance the demands of a growing consumer movement with the reasonable needs of the business community and the fear of over-regulation.
H.B. 100, by Rep. Lee A. Daniels (R., Elm-hurst), would provide strong regulation of auto sales and repair industries and establish rights of consumers.
H.B. 135, by Rep. Kelly, would require that all food products and all items sold by grocery stores be clearly priced in dollars and cents.
Drinking age
The raising of the drinking age back to 21 years of age is becoming a distinct possibility with the growing concern over the abuse of alcohol by young drinkers since the passage of the 18-year-old law.
S.B. 2, by Sen. Frank Ozinga (R., Evergreen Park), would prohibit the sale or delivery of alcoholic liquor to persons under 21 years of age and their possession of alcoholic liquor.
Educational funding
The battle lines have already been drawn on the issue of the amount and formula for state education funding. State boards which govern public schools have called for $115 million more in new state funds than the governor has proposed. Gov. Thompson has announced he will support a basic change in the state aid formula for elementary and secondary education and that he will ask for $3.5 billion in state appropriations for all education. The controversy over education funding will center on regional conflicts between Chicago and downstate districts. The larger problem for education is rationalizing increases beyond inflation in the face of declining enrollments.
H.B. 105, by Rep. Deuster, would allow experienced teachers to negotiate their salary, regardless of years of experience or graduate credit.
H.B. 124, by Rep. Deuster, would provide that where the State Board of Education finds a school district makes an incorrect claim for aid, negative adjustments shall be spread over four years.
H.B. 127, by Rep. Calvin L. Skinner(R., Woodstock), would set a referendum procedure by which any taxing district or school district may reduce its tax rate by up to 10 per cent.
H.B. 150, by Rep. Eugene F. Schlickman (R., Arlington Heights), would require those seeking teaching certificates to have a "special education recognition course," by September 1, 1981.
H.B. 165, by Rep. Herbert V. Huskey (R., Oak Lawn), would set the last Tuesday of December as the date for certifying the tax levy applicable to all school districts in Illinois. Presently the date is in September.
Employment discrimination
Racial, aged and sexist discrimination are difficult to legislate effectively against, because they are rooted in attitudes. But many believe that the problems in employment are statutorily combatible where government funds are concerned. Job discrimination, a pervasive violation of constitutional human rights, can be com-batted, according to the U.S. Supreme Court in the 1978 Bakke case, but quotas may be a form of reverse discrimination.
H.B. 65, by Rep. Alan J. Greiman (D., Skokie), would prohibit discrimination in employment due to age, except by the state and any unit of local government, or with respect to apprenticeships and pensions.
H.B. 66, Rep. Robert M. Terzich, Sr. (D., Chicago), would change sex-specific wording in antidiscrimination employment law. Changes are recommended by the Commission on the Status of Women.
Environment
Last session lobbyists for environmental concerns felt they were largely unsuccessful in getting legislation they desired. Business concerns say the pendulum has swung too far towards environmentalism, to the detriment of economic growth.
H.B. 5, sponsored by Rep. Daniel M. Pierce (D., Highland Park), requires all beverage containers to carry a 5 cent deposit or more, and
March, 1979/Illinois Issues/27
bans pull tabs — effectively doing away with throwaway bottles and cans. This has been opposed by the bottling distribution industry in previous sessions.
H.B. 17, sponsored by Rep. Huskey, would allow a city or a group of cities and villages with a total population of from 150,000 to 500,000 to form solid waste disposal or sanitary districts that would be able to recycle glass and metals and burn combustibles for power, to conserve energy, and avoid landfills.
H.B. 76, by Rep. Terzich would delete the requirement that the Department of Business and Economic Development participate in planning overall outdoor recreation resources in the state. Instead, the conservation department would do it.
H.B. 114, by Rep. Deuster, would require Environmental Protection Agency (EPA) to determine immediate need for a new sanitary landfill site before approving a permit for one.
H.B. 120, by Rep. Deuster, would require EPA to reject landfill site application if sufficient proof is presented that an alternative site is preferable.
H.B. 122, by Rep. Deuster, would require EPA to reject landfill if a county board says it isn't needed or certifies they can present a better site proposal within six months.
H.B. 157, by Rep. Phillip W. Collins (R., Calumet City), would prohibit sanitary landfill site within 10 miles of an existing site.
H.B. 171, by Rep. Kelly, would require oil companies to make and sell gasahol (mixing ethanol alcohol with unleaded gasoline) to be phased in from 1980 to 1984.
Government reorganization
The Illinois Task Force on Governmental Reorganization was appointed by the 1976 Illinois gubernatorial candidates. By the time Gov. James R. Thompson was elected in November 1976, the task force had released its recommendations, which included consolidation of most existing state agencies into 14 departments. A key section calls for consolidation of "assistance payments, health services, and social services into three new departments." This section, along with most other major recommendations of the task force has not been implemented yet. '
H.B. 190, by Rep. Woods Bowman (D., Chicago), would make the Department of Children and Family Services the sole state agency responsible for child care and day care services.
Marriage and divorce
Changing mores of society have brought about major changes in marriage and divorce laws throughout the nation, and more are forthcoming.
H.B. 24, by Rep. Huskey, Would require all divorce maintenance payments be sent to the clerk, who would be required to bring to the attention of the court any payments delinquent for over 30 days.
H.B. 111, by Rep. Deuster, would eliminate the three-day waiting period for a marriage license.
Prisons
Conditions in Illinois prisons are chaotic, but the cost of state administration has skyrocketed. The prisons are mostly ancient and overcrowded, and at least three maximum security institutions are allegedly run by street gangs. Pontiac prison has been under lockup since a July 22 riot, when three guards were murdered. The threat of federal court intervention in the state's prison system administration has been raised as a result of the Pontiac lockup. A new corrections director, Gayle M. Franzen, politically close to the governor, was recently appointed to replace fired director Charles J. Rowe, who said he had been contacted by Gov. Thompson only twice during the governor's first two-year term. The governor has promised additional funding for prisons this year. Last year, he vetoed state funding for improving local jails.
H.B. 205, by Rep. AT. McMaster (R., Gales-burg), would eliminate the power of the Department of Corrections to close down county jails for noncompliance with standards set by the department.
Public Aid
Wracked by charges and incidents of fraud and mismanagement, the Illinois Department of Public Aid (IDPA) administers federal programs that are confusingly drawn and full of red tape. Yet most of the funds they distribute go to families with dependent children, the blind and the, disabled — people in genuine need of basic human help. Last year aid recipients received a 5 per cent cost of living increase in benefits. It was the first such increase in more than five years, despite annual inflation rates that dwarfed spending power.
H.B. 182, by Rep. Carol Moseley Braun (D. Chicago), would appropriate $17.4 million to IDPA for fiscal 1979 for a 7 per cent cost of living increase in financial aid to recipients of aid to the aged, blind or disabled, aid to families with dependent children, and general assistance.
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Salaries
The General Assembly drew the wrath of thousands when on November 29 it voted a 40 per cent pay raise, later phased in over two years, for legislatprs, judges and major state executive officials. Both the method and amount of the raise drew nationwide criticism and the most intense public reaction in Illinois in decades.
H.B. 8, by Rep. Terzich, is an apparent "shell bill" granting $1 boosts for funding of teachers' and state employees' retirement systems, and an $18 boost to the state universities retirement system. This bill will likely be amended at some point during the session to allow larger funding increases, just as a "shell bill" was used last November 29 to push through the pay raise in a single day.
H.B. 147, by Rep. Joseph B. Ebbesen (R., DeKalb), would provide that salary changes for government officials shall be made only in odd-numbered years, prior to the general election.
H.B. 173, by Rep. William F. Mahar (R., Homewood), rules out pay raise votes by public bodies during "the period between the election of its members and the time they take office" and makes raises effective during the next term.
H.B. 210, by Rep. Helen F. Satterthwaite (D., Champaign), is similar to H.B. 147.
S.B. 14, by Sen. Vince Demuzio (D., Carlinville), would prohibit "double dipping" by legislators. Under the bill, members of the General Assembly may not receive compensation for other governmental entities, except for services as a member of the armed forces.
Unemployment insurance
Employers will battle against the costs of unemployment insurance. Just as in pre-vious years, employer-backed bills will aim at relieving the costs of unemployment insurance and at tightening eligibility stan-(lards. Bills introduced into the 81st General Assembly thus far are evidence of this concerted effort. H.B. 19, by Rep. Huskey, would require unemployed persons to report to an employment office in person every two weeks, as opposed to the present once-a-month requirement.
H.B. 156, by Rep. Richard Mautino(D., Spring Valley), would broaden the definition of em-ployers contributing to the unemployment trust fund to include private nonprofit schools. In addition, the bill would exempt the benefit wages of those employers whose employees voluntarily leave.
Workers compensation
Employers will seek to roll back the present level of benefits received by quali-fying employees and to modify coverage provisions. Employers, who pay for the befits either directly or indirectly through insurance, have alleged that the present level of benefits and broad coverage passed in 1975 by the legislature will encourage businesses to leave Illinois and discourage others from settling in Illinois due to the steep insurance rates. H.B. 175, by Rep. Huskey, would lower the present maximum benefits that eligible employees could receive.
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