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The rush toward the June crunch
THE General Assembly appeared more than a little disorganized in late April and early May, when the body moved into high gear after four months of sluggish activity. During the early months the lawmakers worked a glut of bills up slowly through committees and subcommittess in two or three-day-per-week sessions. The creation this year of almost two dozen subcommittees slowed the process, already confused by the introduction of 4,208 bills as of the filing deadline of April 11. Much important legislation was caught up for weeks in subcommittees only to emerge mangled or metamorphosed into hybrid forms that only a sponsor could love. It became obvious by the end of April that it would be impossible to meet the self-imposed deadline of May 4 for completion of committee action on bills in their house of origin. Over 1,150 bills were scheduled for House and Senate Committee action in the first week of May. "We probably have one-third more bills than we can properly handle," admitted House Speaker William A. Redmond (D., Bensenville). Attempts to speed up the process of bill consideration in some cases only reinforced the absurd appearance of the lawmaking process, with important bills being shuttled out of committee after "short debate," and others dying because members who might have voted for a bill were gone to other committee hearings, or because the sponsor or key witnesses could not appear due to conflicting schedules. "Anybody who can look at this mess and conclude that this is how a proper parliamentary body should function is out of his mind," said one veteran Statehouse reporter.
Listed below is the status of some of the major bills as of May 9.
Education funding
Gov. James R. Thompson announced April 28 that he was adding nearly $10 million to the proposed higher education budget, sending the total recommended from $893 million to $902.5 million. The governor said the added revenue to support the increased higher education budget would come from lapsed funds, appropriated but not spent, and from an unexpected favorable reduction in health insurance premiums. The money will be used to support a full 7 percent faculty salary raise, in line with the Illinois Board of Higher Education's recommendations, instead of the 6.2 percent raise the governor had first recommended. The Senate Appropriations II Committee, however, approved a series of bills April 26 that calls fora total $904.1 million in general revenue fund appropriations -- a figure likely to be changed on the Senate floor.
The subject of elementary and secondary education funding has hardly been considered yet, although several important bills are pending House committee votes. A new funding distribution plan, or school aid formula, is one of the most important goals for many downstate legislators, and total education spending will likely be a hot issue in the budget debates of June. The governor has proposed one set of figures, and the education establishment is pushing for considerably more -- $90 million more for elementary and secondary education than the governor recommended.
H.B. 1533, by Rep. Michael F. McClain (D., Quincy), would allow school districts to compute adjustments in state aid on the basis of the average of the previous five years' (now three years) weighted average daily attendance, and would provide that all districts use maximum operating tax rates to compute state aid. Such rates are: 2.83 percent for unit districts, 1.86 percent for elementary districts and 1.05 percent for secondary districts. Assigned to House Elementary and Secondary Education Committee April 6.
H.B. 1742, by Rep. Gene L. Hoffman (R., Elmhurst), would revise the method for calculating the amount of state aid to local school districts, and would increase the state guaranteed equalized assessed valuation per pupil. House Elementary and Secondary Education Committee voted "do pass" (20-1) May 3.
H.B. 294, by Rep. Larry R. Stuffle (D., Charleston), would increase the guaranteed per pupil equalized assessed valuation for school districts, to provide each district $1360 per pupil. It would make all districts use maximum operating tax rates for computing state aid (see H.B. 1533). Assigned to House Elementary and Secondary Education Committee February 1. (H.B.s 503 and 513 are also by Stuffle, and are nearly identical with this bill.)
Corporate personal property tax replacement
A 15-member Personal Property Tax Replacement Committee appointed by the governor from business groups delivered its plan to the governor April 25. The plan calls for replacing the $460 million in annual revenue through: (1) a 2 percent income tax increase for all corporations, (2) a 1.25 percent income tax on business partnerships and trusts (not presently taxed), and (3) a .75 percent invested capital tax on telephone, gas and electric utilities. The plan was supported by 11 of the 15 members of the committee, and the governor did not immediately endorse it. Illinois voters refused to abolish a constitutional deadline for replacement of the tax, and the Illinois Supreme Court ruled in February that the tax could not be collected beyond this year.
H.B. 2700, by House Minority Leader George H. Ryan Sr. (R., Kankakee), is the governor's "vehicle for discussion and compromise" and is similar to that proposed by the 15-member committee, described above. House Revenue Committee voted "do pass" (22-1) May 4.
H.B. 548, by the House Revenue Committee, would impose slightly higher tax increases on corporate income, and on partnerships, associations, estates and trusts, than proposed by the . governor. House Executive Committee voted "do pass" (22-1) May 4.
S.B. 500, by Sen. Samuel C. Maragos (D., Chicago), is similar to H.B. 548. It, too, may be less appealing to large corporations. Assigned to Senate Revenue Committee April 5.
Tax-expenditure limitations
A number of bills to limit the growth of taxes and government spending have been introduced this session in response to the tax revolt fever which swept the nation last year. The major House Democrat package is contained in H.B.'s 2562-2567, four of which were approved by the House Revenue Committee April 25. The Illinois State Chamber of Commerce is behind three bills in the Senate, S.B.'s 1185, 1186 and 1187, sponsored by Sen. Prescott E. Bloom (R., Peoria), all of which were assigned to a Senate Revenue subcommittee for study April 18.
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H.B. 2564, by Rep. Clarence A. Darrow (D., Rock Island), would phase out the sales tax on food and medicine by July 1, 1983. The state would replace the revenue lost to local governments by increasing their share of the income tax. House Revenue Committee voted "do pass" (13-3) April 26, on 3rd Reading in House May 8.
H.B. 2562, by Rep. Richard H. Brummer (D., Effingham), would limit increases in state appropriations to the average increase in statewide personal income over the last five years. House Revenue Committee voted "do pass"(13-8) April 26, on 3rd Reading in House May 8.
H.B. 2563, by Rep. Fred J. Schraeder (D., Peoria), would limit local property tax increases to increases in statewide personal income. House Revenue Committee voted "do pass" (16-0) April 26, on 3rd Reading in House May 8.
H.B. 121, by Rep. Donald E. Deuster(R., Mundelein), would gradually reduce the assessment rate from the present 33 1/3 percent of fair cash value to 10 percent by 1986. Assigned to House Revenue Committee January 31.
H.B. 179, by Rep. Daniel Pierce (D., Highland Park), would reduce the assessment ratio from 33 1/3 to 25 percent of actual value. Assigned to House Revenue Committee January 31.
H.B. 508, by Rep. Gerald A. Bradley (D., Bloomington), also freezes the property tax by limiting the assessed valuation of property at the 1979 level. Assigned to House Revenue Committee March 1.
H.B. 709, by House Minority Leader Ryan, would freeze property taxes throughout the state by prohibiting increases in property tax revenue. Assigned to House Revenue Committee March 7.
H.B. 1359, by Rep. Patrick S. Gross (R., Glenwood), would provide for a phase-in of a freeze on assessed value of various types of real property, with provisions for increased assessed value if use of property changes, or in ease of additions to property. Assigned to House Revenue Committee April 6.
S.B. 18, by Sen. Karl Berning (R., Deerfield), would confine the assessed valuation of real property to that established in 1975 until changes in the classification or quality of the property occur. Assigned to Senate Revenue Committee January 31.
S.B. 1185, by Sen. Bloom, would establish a Rale Commission to reset the income tax rate each year to maintain an 8 to 5 ratio between corporate and noncorporate Illinois income tax rates, so that revenue is allowed to increase only by an amount equal to the rate of inflation. Assigned to Senate Revenue Committee April 18.
S.B. 1186, by Sen. Bloom, would annually adjust the corporate and noncorporate rates. Assigned to Senate Revenue Committee April 18.
S.B. 1187, by Sen. Bloom, would set up a "Revenue Limitation Contingency Fund" in the stale treasury, financed from the income tax, to prevent unnecessary increases. Assigned to Senate Revenue Committee April 18.
Tax relief
A number of tax relief bills were approved by committees.
H.B. 153, by Rep. Phillip Collins (R., Calumet City), would exempt from the sales tax tangible personal property purchased for any nonprofit organization for persons 65 years of age or older. House Revenue Committee recommended "do pass" (14-0) April 26.
H.B. 509, by Rep. Thaddeus Lechowicz (D., Chicago), would exempt from the sales tax hearing aids, prosthetic devices and eye glasses purchased for use by persons age 65 or older. House Revenue Committee voted "do pass" as amended (17-0) April 26, placed on 3rd Reading in House May 3.
H.B. 782, by Rep. Alfred Ronan(D., Chicago) and Gary Hannig(D., Mount Olive), would allow taxpayers 30 days rather than the current 20 days to appeal property tax assessments. House Revenue Committee voted "do pass" (19-0) April 26.
H.B. 1166, by Rep. Jim McPike (D., Alton), would provide state grants to certain persons whose utility costs exceed 4 percent of their income. House Revenue Committee voted "do pass" (16-0) April 26.
H.B. 1462, by Rep. Gene Hoffman (R., Elmhurst), would extend the provision that farmland cannot be assessed for property taxes at less than it was assessed in calendar year 1976. House Revenue Committee voted "do pass"('4-3) April 26, placed on 3rd Reading in House May 3.
S.B. 140, by Sen. John Davidson (R., Springfield), S.B. 967, by Sen. LeRoy Lemke (D., Chicago) and S.B. 1338, by Sen. Robert Egan(D., Chicago), would each increase the maximum income eligibility limit for the Senior Citizens and Disabled Persons Property Tax Relief Act from $10,000 to $15,000. The Senate Revenue Committee voted "do pass" on all three bills (7-3) May 2, on 3rd Reading in Senate May 8.
Gas tax increase and transportation
The governor's gas tax increase plan was introduced in the Senate April 11. The package of three bills would increase the tax on gasoline by 1 1/2 cents per gallon -- from the existing 7 1/2 to 9 cents -- with annual adjustments based on the growth of personal income through 1983. The bills (S.B. 889-891) also call for increases in registration fees for vehicles, and a four-year phase-out of road fund diversions. On April 24 Gov. Thompson announced a four-year funding program for highways, to be funded by the tax and fee increases. He called the program "Move Ahead," saying it would cost $3.6 billion over the next four years. His program differs in some respects from that advanced by the Illinois Transportation Study Commission March 28. Most significantly, the legislative commission recommended that all road fund diversions identified by a recent auditor general's report as being of questionable legality or justification should be terminated at the end of the current fiscal year. Also, no motor vehicle registration fee increase was recommended by the commission, in contrast to the governor's plan. However, the commission also called for a gas tax hike.
S.B. 85, by Sen. John L. Knuppcl(D., Petersburg), would increase the motor fuel tax to 12 1/2 cents a gallon. Senate Revenue Committee voted "do pass" (5-4) May 3, on 3rd Reading in Senate May 8.
S.B. 274, by Sen. James Gitz (D., Freeport), would phase out road fund diversion by appropriation area, over a three-year period. Senate Revenue Committee voted "do pass" (5-3) May 3.
S.B. 172, by Sen. David J. Regner(R., Mount Prospect), would provide that all motor fuel occupaton and use taxes be deposited only in the state road fund in order to end diversions to other funds. It would take effect one month after it becomes law. Voted "do pass" by Senate Executive Committee (11-1) April 26.
S.B. 271, by Sen. Max E. Coffey (R., Charleston), would provide for a three-year phase-out of road fund diversion. Assigned to Senate Revenue Committee March 20.
S.B. 889, by Sen. David Shapiro (R., Amboy), voted "do pass" by Senate Transportation Committee (7-2) April 27.
S.B. 890, by Sen. Shapiro, voted "do pass" by Senate Appropriations I Committee (12-0) May4.
Cigarette sales tax
The sales tax on cigarettes is presently 12 cents per package, lower than the tax in 23 of the 50 states. The tax brings in over $180 million in revenue, less than in most large states.
H.B. 408, by Rep. Wyvetter H. Younge (D., East St. Louis), would increase the tax by one mill per cigarette, to fund development of economically depressed areas. House Revenue Committee assigned to interim study calendar May 4.
H.B. 1141, by Rep. Charles E. Gains (R., Chicago), would increase the lax by one mill per cigarette to fund cancer and lung disease research. Assigned to House Revenue Committee March 28.
Government reorganization
The increasing concern about the growth of government has spawned a new House Committee on State Government Reorganization, and it has increased the push for "sunset," or other agency review legislation.
H.B. 921, by Rep. Douglas N. Kane (D., S pringfield), would create the Executive Reorganization Implementation Act to better provide for reorganization of executive branch agencies by executive order of the governor, as authorized under the Illinois State Constitution (Article V, sec. 11). House Committee on State Government Reorganization voted "do pass" (5-0) May 2, and on short debate 3rd Reading May 8 in House.
H.B. 417, by Rep. William L. Harris (D., Marion), would provide for review of state agencies and programs at six-year intervals by 10 joint committees of the General Assembly. The measure allows for termination, reorganization or re-creation of such agencies on the basis of that review. The General Assembly would receive the committee reports, which would include a zero-base funding review and recommendations for action. House Executive Committee assigned to interim study calendar May 3.
H.B. 641, by Rep. Calvin L. Skinner Jr. (R., Crystal Lake), would create the Regulatory Agency Termination Act, to provide for the termination of all regulatory agencies, including the Commerce Commission. The bill would establish a five-member joint rules committee for review and recommendation concerning such agencies. House Executive Committee assigned to interim study calendar May 3.
H.B. 649, by Rep. Donald L. Totten (R., Hoffman Estates), is very similar to provisions of H.B. 417. Assigned to House Executive Committee March 7.
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H.B. 1225, by Rep. Totten, same as above. Voted "do pass" by House Counties and Townships Committee (13-0) April 20, on 3rd Reading in House May 8.
H.B. 1944, by Rep. Harold A. Katz (D., Glencoe), would create the "Regulatory Agency Sunset Act" and provide for repeal over a 10-year period of acts relating to the Department of Insurance, the Commerce Commission and other agencies, unless the General Assembly enacts legislation to continue such acts. House Executive Committee voted "do pass" (18-0) May 3, on 3rd Reading in House May 8.
S.B. 211, by Sen. Berning, would create the Illinois Regulatory Agencies Sunset Act. It provides for six-year review, supervised by a 13-member Select Joint Committee. Motion to discharge from Senate Executive Committee prevailed, Senate tabled April 24.
S.B. 495, by Sen. Bloom, would provide for the periodic and systematic review and modification and the automatic termination without legislative action, of acts that provide for the regulation of professions and occupations. Senate Executive Committee voted "do pass" (4-2) May 3.
Abortion
Regulation of abortion clinics by the state may be tightened by the General Assembly this session in response to newspaper accounts of abuse that shocked Chicago last year.
H.B. 212, by Rep. Richard F. Kelly Jr. (D., Hazel Crest), to require that abortion counselors and clinics be licensed by the Hospital Licensing Board. Assigned to the House Human Resources Committee February 7.
H.B. 213, by Rep. Kelly, would require informing women seeking abortion of the physical and mental dangers, and require a 24-hour delay between acknowledgment of informed consent and the abortion itself. House Judiciary I Committee assigned to interim study calendar May 4.
H.B. 214, by Rep. Kelly, would make it a Class 1 felony for doctors to perform an abortion procedure oh any woman not pregnant. House Judiciary II Committee tabled May 8.
H.B. 215, by Rep. Kelly, requires abortion clinics to meet hospital licensing standards. Assigned to House Human Resources Committee February 7.
H.B. 216, by Rep. Kelly, would establish an abortion fee, collected by the Department of Public Health, to be used to provide counseling as to the alternatives to abortion. Assigned to House Human Resources Committee February 7.
H.B. 217, by Rep. Kelly, would outlaw abortion referral fees and make such violation a Class 3 felony. House Judiciary II Committee tabled May8.
Alien landowners
Rumors and instances of aliens purchasing Illinois farmland as an investment have prompted fear of economic or political undermifting by foreign interests -- a fear that many believe to be groundless.
H.B. 78, by Rep. Robert M. Terzich Sr. (D., Chicago), would amend an 1897 law in relation to aliens by removing restrictions on foreign ownership of land. Judiciary I Committee of the House voted "do not pass" (11-0) February 15.
H.B. 288, by Rep. Webber Borchers (R., Decatur), would require that all real estate transactions involving aliens be recorded as such by county recorder of deeds, and require every county to keep a current list of all alien-owned real estate, including the name and nationality of the transferee. House Judiciary I Committee assigned to interim study calendar May 4.
S.B. 1390, by Sen. Terry L. Bruce (D., Olney), would create "An Act relating to the ownership of agricultural land by nonresident aliens." Assigned to Senate Agriculture Committee April 18.
S.B. 1405, by Sen. Gitz, would create an act relating to ownership of farmland by business organizations and nonresident aliens. Senate Agriculture Committee voted "do not pass" (8-0) May 8.
Child abuse prevention
A $5.1 million emergency appropriation bill introduced at Gov. Thompson's request last session, was finally passed and signed by the governor in March. It allows hiring of 300 additional caseworkers in the Department of Children and Family Services (DCFS), but controversy had arisen along party lines over accounting procedures. Democrats charged part of the funds would be diverted to help pay for raises for caseworkers already employed by DCFS, raises negotiated by the governor under a new collective bargaining agreement which covers most executive agency employees. The governor's office charged that Democrats were holding the bill hostage to embarrass the governor. After negotiations the department finally agreed to transfer $935,000 into salary accounts to pay for the raises, and the $5.1 million appropriation passed the Senate 36-20 March 28, after having sailed through the House 156-0 March 8.
H.B. 186, sponsored by Rep. Eugenia S. Chapman (D., Arlington Heights) $5.1 million appropriation to DCFS. Signed by Gov. Thompson March 29. (P.A. 81-1)
H.B. 225, by Rep. Giddy Dyer(R., Hinsdale), would provide for restoring custody to parents when a child was adjudicated neglected because of physical abuse by the parents. The measure would require investigation to determine if parents have a criminal background before the hearing on restoration of custody takes place. Passed by House (154-0) April 25.
Collective bargaining
A perennial issue before the General Assembly for more than two decades has been the question of whether public employee unions should be allowed to bargain collectively with government for new contracts and wage rates, and whether they should be allowed to strike.
H.B. 106, by Rep. Deuster, would allow for dismissal of any employee of the state, of a unit of local government or a school district who engages in a strike. Assigned to House Labor and Commerce Committee March 16.
H.B. 808, by Rep. Stuffle, would establish the right of public school and higher education employees to organize and bargain collectively, and to define and resolve unfair practice disputes. The bill is supported by the Illinois Education Association. House Elementary and Secondary Education Committee voted "do pass"(16-2) March 28.
H.B. 800, by Rep. Thomas J. Hanahan (D., McHenry), would create a state labor relations board to supervise labor elections pertaining to public employee labor organizations, and to hear complaints and investigate charges of unfair labor practices arising between public employers and public employees. Grants public employee labor unions the right to bargain collectively. Supported by the American Federation of State, County and Municipal Employees, AFL-CIO (AFSCME) Gives labor organization exclusive bargaining rights with public employer (as does H.B. 808). House Labor and Commerce Committee voted "do pass" (8-7) April 11, placed on 3rd Reading in House May 3.
H.B. 826, by Rep. Kelly, would establish the right of teachers tojoin unions, bargain collectively with employers on salaries, hours, working conditions and other agreed matters. It would prohibit interference with the right of teachers to join a union and would prohibit discrimination because of union activity. The bill would also permit binding arbitration. The House Elementary and Secondary Education Committee voted "do pass" (16-1) March 28, placed on 3rd Reading in House May 3.
S.B. 135, by Sen. John A. Graham (R., Harrington), would prohibit requiring any person to join or refrain from joining a labor organization as a condition of employment (right to work). It provides penalties and injunctive relief. Voted "do not pass" (5-4) by Senate Labor and Commerce Committee April 19. Other similar right-to-work bills were also defeated in the same committee April 19, including S.B.'s 246,401 and 1154, all by Sen. Regner.
S.B. 337, also by Sen. Regner, would provide for ratification by a majority of both houses of negotiated agreements affecting the pay of state employees. Voted "do pass" by Senate Labor and Commerce Committee (5-4) April 19, placed on 3rd Reading in Senate April 20.
S.B. 859, by Sen. Roger A. Keats (R., Kenilworth), would prohibit public employees from striking. Violation would mean a $25 per day civil penalty and a Class B misdemeanor penalty. U nions could be fined $25 per day for each striking employee. Voted "do pass" by Senate Labor and Commerce Committee (6-2) April 19, placed on 3rd Reading in Senate April 26.
Consumer concerns
Consumer advocacy groups have become increasingly visible and powerful lobbyists in the General Assembly recently.
H.B. 15, by Rep. Lee A. Daniels(R., Elmhurst), would essentially overturn the Illinois Brick decision of the 1977 U.S. Supreme Court, which limited antitrust suits by "injured" consumers to those who purchased goods directly from a trust company. The bill seeks to allow indirect purchasers and sellers who are "injured" within the meaning of the Clayton Act the same rights to sue as those who are directly injured. H.B. 15 was amended to allow suits to be brought by indictment, information or complaint, and to allow law enforcement officials full disclosure privileges. It would provide that the maximum penalty which can be recovered by the attorney general in a civil
june 1979 / Illinois Issues / 22
action is $50,000 from each defendant. Voted "do pass"(l 1-0) by House Judiciary I Committee April 26, placed on 3rd Reading in House May 3.
H.B. 393,by Rep. Younge, would require that one member of the Illinois Commerce Commission would be a person whose annual income for the five-year period preceding his appointment averaged less than $10,000. Assigned to Interim Study Calendar April 26.
H.B. 678, by Rep. William A. Marovitz (D., Chicago), would provide for a seven (now five) member Illinois Commerce Commission to be elected (now appointed). Assigned to interim study April 26.
H.B. 763, also by Rep. Younge, would set up a nonprofit residential utility consumer group, to intervene in rate making and other matters before the Illinois Commerce Commission and the courts. It would create a new special fund in the state treasurey for collection of consumer contributions and disbursement at the order of the board. Assigned to House Public Utilities Committee March 15.
H.B. 873, by Rep. Marovitz, would establish the Illinois Consumer Products Safety Act, and authorize the Department of Public Health to prescribe safety standards for consumer products and to ban hazardous products. It includes procedure and enforcement provisions. Assigned to House Human Resources Committee March 15.
H.B. 1815, by Rep. Daniel P. O'Brien (D., Chicago), would provide for election of the members of the Illinois Commerce Commission. Assigned to interim study calendar by House Public Utilities Committee May 3.
S.B. 126, by Sen. LeRoy W. Lemke (D., Chicago), would require public liability insurance, including uninsured motorist coverage, as a condition of registration of vehicles. It would make it a Class A misdemeanor to operate an uninsured vehicle. Assigned to Senate Judiciary I Committee February 15.
S.B. 137, by Sen. Vince Demuzio (D., Carlinville), as amended, would require election of Illinois Commerce Commission. Two members would be elected from Chicago, one from Cook County outside Chicago, and four from elsewhere, one from each Judicial District. Senate Executive voted "do pass" (8-5) April 10.
S.B. 1093, by Sen. Gitz, would prohibit the Illinois Commerce Commission from issuing a certificate of convenience and necessity for a nuclear power plant until voters in a county, by referendum, approve siting of facility in that county. Voted "do pass" (7-3) by Senate Local Government Committee April 26.
Drinking age
Presently, those 19 to 21 years of age or older can purchase and consume beer and wine. The law has been in effect less than a decade. Many believe it has caused an increase in highway fatalities involving young people, and alcoholism among high school and college students. The Chicago City Council voted in March to raise the drinking age in the city from 19 to 21, increasing the likelihood that the state legislature may follow suit. However, on April 25 a sponsor of a bill for a higher drinking age charged that his bill was being held hostage by Chicago Democrats for future votes on other issues. Sen. Frank M. Ozinga (R., Evergreen Park) made the charge when Assistant Majority Leader Frank D. Savickas (D., Chicago), who was presiding over the Senate, refused to call the bill from the order of postponed consideration (for details, see pages 12-13).
S.B. 2, by Sen. Ozinga, would delete provision allowing those from age 19 to 21 to purchase and consume beer and wine. A provision that would have preempted home-rule powers of some local governments was dropped by Sen. Ozinga, after a test vote in the Senate fell 11 votes short April 5. The bill requires only 30 votes to pass, instead of 36, without the home rule preemption provision. Senate Executive Committee voted "do pass"(12-3) March 28.
H.B. 668, by Rep. Edmund E. Kornowicz (D., Chicago), essentially the same as S.B. 2. Voted "do pass" (11-6) by Senate Executive Committee April 6, placed on 3rd Reading in Senate April 26.
Environment and energy
Striking the delicate balance between economic imperatives and protection of the environment from health and safety hazards presents a complex and perplexing problem for government in Illinois.
H.B. 5, by Rep. Pierce, would require all beverage containers to carry a minimum 5-cent deposit and would ban pull tabs. House Environment, Energy and Natural Resources Committee assigned to interim study calendar May 3.
H.B. 171, by Rep. Kelly, would require oil companies in Illinois to make and sell gasohol (mixed ethanol alcohol and unleaded gasoline) to be phased in from 1980 to 1984. Reassigned from House Environment, Energy and Natural Resources Committee to House Transportation Committee April 20.
H.B. 226, by Rep. Robert C. Winchester (R., Rosiclare), would permit Illinois air quality standards for sulfur dioxide emissions to fall below federal standards. House Environment, Energy and Natural Resources Committee voted "do pass" (11-0) May 4.
H.B. 475, by Rep. Harry Yourell (D., Oak Lawn), would prohibit disposal or storage in Illinois of nuclear waste generated outside the state. Assigned to interim study calendar by House Environment, Energyand Natural Resources Committee May 2.
H.B. 476, by Rep. Yourell, would prohibit disposal, acceptance or transportation in Illinois of hazardous wastes which originate outside the state -- except for agricultual activity on farm property. House Environment, Energyand Natural Resources Committee assigned to interim study calendar May 2.
H.B. 1182, sponsored by Rep. Ralph Dunn(R., DuQuoin), would require all coal-burning utilities in the state to use Illinois coal as long as the cost per 1,000 British thermal units (BTU) does not exceed that of coal from other states. House Public Utilities Committee voted 10-0 "do pass", April 26.
Insurance regulation
Illinois is relatively free of insurance industry regulation, a situation unique among the states. Present law does not give the Department of Insurance the power to regulate insurance rates, nor is there a uniform criteria for acceptance or rejection of an applicant for coverage. Insurance industry figures show, however, the rates are still relatively low for those capable of obtaining coverage in Illinois.
H.B. 1147, by Rep. Arthur A. Telcser(R., Chicago) and drafted by the Illinois Insurance Department, would give the department statutory authority to review the adequacy of property and casualty insurance rates. The bill would provide: (1) that companies file their rates with the director of insurance within 30 days after they become effective; (2) set standards for excessive, inadequate or unfairly discriminatory rates to assure that market competition exists, and that rates neither produce, nor are the product of, monopolistic practices; (3) require pre-filing of rates before their effective date if the director finds that open competition is not working; (4) allow rates filed by rating organization for company use so long as no bureau rate agreement exists between such a rating organization and any insurance company; (5) assure department access to market information from companies, not presently obtainable; and (6) require department performance examinations of any insurer or service organization, as often as necessry, to ascertain whether its rates and practices comply with the law. Appearing in favor of the bill, Illinois Insurance Director Richard L. Mathias told a House Insurance subcommittee April 23, "The Illinois Insurance Department is the only department in the nation which has no legal authority to review and disapprove insurance rates which property and casualty insurers are charging consumers." Assigned to House Insurance Committee March 28.
H.B. 1409, by Rep. Marovitz, would permit the Department of Insurance to review rates for homeowners and renters insurance, establish a minimum standard of insurability, and set up a state insurance commission to set uniform risk classifications and prohibit geographic or property age discrimination in rate criteria. Assigned to House Insurance Committee April 6.
H.B. 1030, by Rep. James F. Keane (D., Chicago) would prohibit redlining on underwriting of automobile and fire insurance based on geographic location or political subdivision of insured residence. Voted "do pass" (13-3) by House Insurance Committee May 1, on 3rd Reading in House May 8.
H.B. 1816, by Rep. Brummer, would provide for creation of an Insurance Regulatory Board to oversee property and casualty rates. Voted "do pass" (10-0) by House Insurance Committee May 1, on 3rd Reading in House May 8.
H.B. 2165, by Rep. Marovitz, would create the State Insurance Commission with powers to establish risk standard classifications and ceiling rates for all forms of property and casualty insurance. Voted "do pass" (10-0) by House Insurance Committee May I.
Lobbyist registration
Illinois presently has quite lax requirements for registration and expenditure accounting by legislative lobbyists, especially in comparison with other states such as California and New York.
H.B. 534, by Rep. Alan J. Greiman (D., Skokie), would expand the category of persons required to register as lobbyists, to reflect a new minimum requirement of $300 (now $25) as the base amount for inclusion of action under the act.
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It would change the requirements of periodic reports, to include total disclosure of expenses and receipts, including gifts and disbursements made by the lobbyist over $50, but not including specific details of consumable gifts. It would require reports from employers of lobbyists. And any person not registered who spends over $250 a month to influence legislative or administrative action, must file a report under the act. State legislative liaison employees would be included under the act, and the Illinois attorney general would be granted powers of enforcement. Voted "do not pass" (16-3) by House Executive Committee March 29.
Media Limits
Many legislators feel that the news media are granted too many special privileges, others would prefer more privileges in line with the public's right to know.
H.B. 864, by Rep. Ben Polk (R., Moline), would allow the electronic news media to broadcast all proceedings of the General Assembly. Assigned to House Executive Committee March 15.
H.B. 1737, by Rep. I.eRoy VanDuyne (D., Joliet), would require that the secretary of state collect rental fees from the news media for space, telephones, lighting, etc., in the capitol. There is a 6,500 square foot press room in the Statehouse, which is presently used by the media free of charge. Voted "Do Pass" (14-4) by the House Executive Committee April 26, on 3rd Reading in House May 8.
Nursing home reform
The 960 nursing homes in Illinois are virtually unregulated by state law in regard to care. It was estimated in 1971 that perhaps 50 percent of Illinois nursing homes did not meet minimum state standards. Conditions are widely conceded to be no better now, partially because there is inadequate enforcement of existing standards, no national policy for infirm elderly and no financial incentives program for care of the elderly poor. Nevertheless, Illinois nursing homes receive $275 million in Medicaid each year. More than three-fourths of all nursing homes are run for profit.
A study released by the Illinois chapter of the American Federation of State, County and Municipal Employees May 6 said an estimated 22,000 former state mental patients are now nursing home patients in Illinois. The AFSCME report said the state discharged 2,155 Department of Mental Health and Developmental Disabilities patients into nursing homes and shelter care facilities in 1978. The study covered 91 nursing homes and found deficiencies in 34 percent, in regard to nurse staffing and pharmaceutical service.
S.B. 309, by Sen. Richard M. Daley (D., Chicago), would create the Nursing Home Care Reform Act of 1979. Senate Public Health Committee voted "do pass" (8-0, May 2, on 3rd Reading in Senate May 8.
S.B. 316, by Sen. Daley, would provide for licensing of nursing homes by the Department of Public Health.
It would set up a 20-point program for nursing homes, including a patient's bill of rights and would allow the state to place substandard homes under a receiver and continue running the home with state control. It would also force orderlies to pass a training course before working at a nursing home and penalize homes for understaffing violations, among other provisions. Senate Judiciary 1 Committee voted "do pass" (7-0) May 4, on 3rd Reading in Senate May 8.
Prisons
Illinois prisons are undergoing a period of intense scrutiny and change after a long period of neglect and decay. The Thompson administrtion is said to be making good progress towards regaining control of Stateville prison at Joliet from street gangs. Handguns, homemade knives, bombs and other instruments of violence were seized by state riot police in a surprise raid at Stateville February 24, which began a massive shakedown that continued for more than a month. 1 he operation entailed searching and cleaning all six cellhouses of the maximum security prison, which has 2,014 inmates. Gayle M. Franzen, new state corrections director, ordered the police action, including reclassification of all inmates and temporary suspension of privileges. Stateville was said to be the most dangerous prison in the United States.
Meanwhile, indictments were returned in February and March against a number of inmates at Pontiac prison who may have been responsible for the arson, murders and riots at that prison last July 22, when three guards were killed after inmates seized control of the institution. The Thompson administration hopes to relieve overcrowded conditions at other prisons through completion of two new 750-bed medium security prisons downstate at Hillsboro and Centralia. Administration critics say that at least one of the new institutions should have been built near Chicago, where the majority of the inmates are from.
H.B. 349, by Rep. Greiman, would allow wardens of adult correctional institutionsto order a deadlock if faced with a clear and immediate threat to the security of the institution or the safety of its employees or residents. The measure would not allow such deadlocks for purposes of conducting cell searches or for segregation or discipline. It would also require that the Prisoner Review Board hold hearings in public to determine if the impositon of the deadlock is appropriate and if the plan for ending it is appropriate. However, the board would not be empowered to end, modify or amend the deadlock. Voted "do pass" by the House Judiciary II Committee (10-1) April 19.
H.B. 942, by Rep. Ryan, would increase the bond authorization for correctional facilities by $35.2 million, to allow prison construction renovation and expansion at existing facilities.
Most of the bond authorization, $29 million, will go toward beginning long-term reconstruction at Stateville Penitentiary at Joliet. Three of the four existing round cellhouses will eventually be replaced with new resident units. Two new resident units, containing 300 beds each, will be constructed this year if H.B. 942 is adopted, at a cost of $10.9 million in new bond funds. Reappropriated funds will be used to rehabilitate one round cellhouse. The total plan for fiscal 1980 will cost approximately $29 million. Passed Senate (42-0) April 30. Passed House (131-12) March 28. House concurred Senate Amendment I May 8.
H.B. 943, by Rep. Ryan, would appropriate $37.2 million to the Capita] Development Board, $35.7 million of which is to come from the Capital Development Fund for various correctional facilities and $530,000 from the General Revenue Fund for technical evaluation of adult correctional facilities. Passed by the House 128-14 March 29, passed by Senate(45-0) April 30. House concurred in Senate Amendment 1 May 8.
Unemployment Insurance, Workmen's Compensation
Is this the year unemployment insurance and workmen's compensation laws will be reformed? It's difficult to say. The hundred-plus bills filed in these two areas indicate a widespread desire to change existing statutes, but labor and management have failed to agree on any provisions. The Senate Labor and Commerce Committee has favorably reported to the Senate floor for second reading over two dozen bills, primarily sponsored by Democrats. The House Labor and Commerce Committee sent an omnibus unemployment insurance bill -- considered a compromise by Democrats -- to the House floor. Neither labor nor managment likes it. Some members of the governor's committee on agreed bills (for working out reforms in the state's UI and WC laws) have expressed pessimism at reaching a compromise. Consequently, debate will shift to the floor of each chamber. A prime consideration in any change will be the effect on the state's UI trust fund, rapidly approaching a billion dollar deficit, as well as its effect on the business climate in Illinois.
H.B. 690, by Rep. Jim McPike (D., Alton), was amended to try to meet the requests of both labor and management. The bill contains the following provisions: (1) increase the maximum benefit from $135 per week to 66 2/3 percent of the statewide average weekly wage, or a bit over $165; (2) increase the minimum weekly benefits from $15 to $25; (3) figure children into the benefit amount on a weekly basis rather than at the beginning of the base period; (4) lower the amount that benefits may be reduced for recipients working part time to provide more incentive for working part time; (5) increase the base period eligibility amount by 30 percent (presently $1,000), with a similar quarterly percentage increase (presently $275), except for the quarter when the employee's wages were highest; (6) stiffen the penalty for voluntarily leaving, from 8 to 10 weeks, for refusal of work from 6 to 10 weeks, and for discharge for misconduct from 6 to 10 weeks; (7) extend the time for a claimant to appeal an eligibility determination from 7 days or 9 days if mailed, to 14 days, otherwise the decision is considered final;(8) reduce the pay rate to the UI trust fund from 3 to 1 percent for private, nonprofit schools, other than
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schools of higher education; (9) provide that wages paid by base-period employer to an individual who leaves voluntarily and receives wages in subsequent employment, shall not become benefit wages with respect to the former employer; (10) transfer the custodian responsibility of the clearing account from the state treasurer of the director of the Department of Labor; (II) revise the penalty for benefits received fraudulently to include the pay-back of benefits and a two-year ineligibility period regardless of when benefits are paid back.
Despite McPike's claim the bill is a compromise measure, it wasn't aceptable to either the Illinois State Chamber of Commerce or the Illinois AFL-CIO. As a representative of the business community, the ISCC complained eligibility requirements need to be tightened more if an increase in the tax rate for employers is to be avoided. The ISCC also faulted the bill for not removing the benefits of workers who quit work to relocate with a spouse who has changed jobs, and because the bill does not take away benefits received by workers who are absent because they refuse to cross a picket line. Organized labor leaders dislike the bill because they conside the eligibility standards too harsh for today's high living costs.
H.B. 1697, by Reps. E. J. "Zeke" Gioigi (D., Rockford), McPike and Hanahan, would provide WC payments to nondependent parents; define the period of total incapacity for work as the period in which the employee is unable to perform all the usual duties of his or her employment; increase the minimum number of days for the basis of a year's work from 200 to 225; provide that earnings for computing compensation shall be based on a week's (now a day's) work and shall include overtime earnings which are presently excluded; require the Industrial Commission to hold a hearing on the issue of entitlement to compensation pursuant to the petititon of an employee; provide for the review of installment payments of compensation at the request of the employer or employee; and provide for a 10 percent penalty if compensation payment is not made within 14 days after the due date.
H.B. 1697 was the only House workmen's compensation bill by May 8 to be favorably reported from the House Labor and Commerce Committee.
The Senate Labor and Commerce Committee handled the issues of UI and WC by favorably reporting a number of bills to the Senate floor. Senate bills still alive but not included in last month's issue are:
S.B. 30, by Sen. Keats, would not allow an employee's benefits to begin at the time of a holiday if the employer has paid holiday wages and notified the director of the Department of Labor of the period in which such payments shall be made. Senate Labor and Commerce Committee voted "do pass" (9-0) April 27, on 3rd Reading in Senate April 30.
S.B. 326, by Sen. Lemke, would raise the wage base period to $ 1,500, of which at least $500 must have been paid in a period other than the calendar quarter in which his wages were highest, to be eligible for unemployment benefits. Senate Labor and Commerce Committee voted "do pass" (9-0) April 27, on 3rd Reading in Senate April 30.
S.B. 327, by Sen. Lemke, would require that an employer who harasses an employee into leaving work pay a penalty of 25 percent of the total employee benefits, in addition to the benefits. Senate Labor and Commerce Committee voted "do pass" (6-4) April 27, on 3rd Reading in Senate April 30.
S.B. 438, by Sen. Lemke, would not count student work performed for a school, college or university that the student attends as base wages for Ul benefits. Senate Labor and Commerce Committee voted "do pass"(10-0) April27, on3rd Reading in Senate April 30.
S.B. 522, by Sens. Edward Nedza(D., Chicago) and Lemke, would allow benefits to an otherwise eligible individual who is not recalled to work within one week after termination of a labor dispute. Senate Labor and Commerce Committee voted "do pass" (6-4) April 27, on 3rd Reading in Senate April 30.
S.B. 525, by Sen. Lemke, would change the date in the dependent definition of "child," from the beginning of the current benefit year, to the effective date of a current weekly claim. Senate Labor and Commerce Committee voted "do pass" (6-4) April 27, on 3rd Reading in Senate April 30.
S.B. 526, by Sens. John A. d'Arco(D., Chicago) and Lemke, would increase the minimum weekly benefit from $15 to $25 and would eliminate the waiting period for eligibility. Senate Labor and Commerce Committee voted "do pass as amended" April 27 (6-4), on 2nd Reading in Senate April 27.
S.B. 527, by Sen. Lemke, would: increase the maximum weekly benefit to 66 2/3 percent of the average statewide weekly wage; increase the base period to be eligible for benefits, to $1,100, with $300 payable in the next highest quarter; change eligibility requirements; and increase time for filing an appeal to 14 days. Senate Labor and Commerce Committee voted "do pass" (6-4) April 27, on 3rd Reading in Senate May 9.
S.B. 1244, by Sen. Maragos, would establish a procedure when payments in lieu of contributions are made by governmental entities. Senate Labor and Commerce Committee voted "do pass" April 27, on 3rd Reading in Senate May 8.
S.B. 1246, by Sen. George Sangmeister (D., Mokena), similar to S.B. 30. Senate Labor and Commerce Committee voted "do pass" (10-0) April 27, on 2nd Reading in Senate April 27.
S.B. 1264, by Sen. Berning, would require an unemployed person to report biweekly to an employment office in person. Senate Labor and Commerce Committee voted "do pass" (10-0) April 27, on 3rd Reading as amended in Senate May 8.
S.B. 1331, by Sen. Donald Wooten (D., Rock Island), would limit the contribution rate for employers to no more than 2.9 percent for the first $40,000. Senate Laborand Commerce Committee voted "do pass" (6-4) April 27, on 3rd Reading as amended in Senate May 8.
S.B. 219, by Sen. Nimrod, would require employers to notify injured employees of their rights to rehabilitation services, and advise them of the location of available public rehabilitation centers and any other such services of which the employer has knowledge. Senate Labor and Comnerce Committee voted "do pass" (8-0) April 27, on 2nd Reading in Senate April 27.
S.B. 259, by Sen. John Knuppel (D., Petersburg), would require the Industrial Commission to employ official court reporters, who must be licensed and shall be paid a salary of $20,000 per year. Senate Labor and Commerce Committee voted "do pass" (6-4) March 29, on 3rd Reading in Senate April 9.
S.B. 832, by Sen. Nimrod, would make the chairman of the Industrial Commission custodian of all funds paid to the commission prior to the hearing process. Senate Labor and Commerce Committee voted "do pass" (9-0) April 27, on 2nd Reading in Senate April 27.
S.B. 1018, by Sen. Lemke, would double the penalty for wilful violation of health and safety standards. An injured employee would receive additional compensation equal to50 percent (now 25 percent) of the regular amount paid for the injury. Senate Labor and Commerce Committee voted "do pass" (6-4) April 27, on 2nd Reading in Senate April 27.
S.B. 1021, by Sen. Malagas, would not permit an employer to have a lien on an employee's recovery claim in third-party product liability cases. The bill would also require deduction of the amount of compensation paid from any verdict for employees in such cases, and prohibit contribution or indemnity from the employer in such cases. Senate Laborand Commerce Committee voted "do pass" (6-4) April 27, on 3rd Reading in Senate May 9.
S.B. 1080, by Sen. John Grotberg (R., St. Charles), would make any violation of the WC act a Class C misdemeanor (now a petty offense). Senate Labor and Commerce Committee voted "do pass" (9-0) April 20, in Senate on 3rd Reading May8.
S.B. 1192, by Sen. Lemke, would require insurance carriers to rebate to employers the increased cost in premiums resulting from settlements to third parties after the carrier recovers the loss. Senate Labor and Commerce Committee voted "do pass" (6-3) April 30, in Senate on 3rd Reading May 9.
S.B. 1207, by Sen. Knuppel, would provide that when the Industrial Commission orders compensation paid in a lump sum, in accordance with an award or settlement contract approved by the commission, review may be allowed only if fraud or a substantial mutual mistake of fact is proven. Senate Labor and Commerce Committee voted "do pass" (6-4) April 27, in Senate on 2nd Reading April 27.
Two advisory committees have been appointed by the governor to assist in the process of hammering out UI and WC reforms agreeable to both labor and business. The committees are responsible for drafting legislation the General Assembly could pass and forward to the governor to sign into law. The tentative deadline for the submission of proposals was set for May 25.
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