Legislative Action
IN JULY and August following adjournment of the spring 1975 session, Gov. Dan Walker acted on more than half of the bills passed by the General Assembly. Summaries of important bills which became law with his approval during this period are given below, followed by major veto actions by the governor. The General Assembly returning on October 22, was to consider overriding vetoes. This takes a three-fifths vote of the members elected to each house (36 senators, 107 representatives). Only a regular majority of all members elected is required to accept the recommendations in an amendatory veto.
Consumer protection
H.B. 663, McLendon, D., Chicago (P.A. 79-738). Limits the liability of cosigners of retail installment contracts to the extent that they received the goods or services furnished in the contract. Requires the creditor to seek satisfaction against the primary buyer before suing the cosigner.
H. B. 826, R. K. Hoffman, R., Westchester (P.A. 79-739). Requires total amount of finance charges paid during a year be furnished to the buyer on request within 30 days after the end of the year.
H.B. 827, Hoffman, (P.A. 79-740). Same as H.B. 826 with respect to revolving credit arrangement but also covers late charges, etc. Effective January 1, 1977, so as to pertain to all of 1976.
H.B. 1328, Schoeberlein, R., Aurora (P.A. 79-746). Provides where coupons offer an item at a reduced price, the coupon or advertisement must also state the regular price.
H.B. 1961, Porter, R., Evanston (P.A. 79-761). Places material intended for use as a tent under the Illinois Flammable Fabrics and Toys Act.
H.B. 2353, Schraeder, D., Peoria (P.A. 79-763). Forbids a merchant to increase the price of goods sold under a layaway plan by raising payments or substituting merchandise of a lower quality or higher price; provides other controls over such sales.
S.B. 406, H. Carroll, D., Chicago (P.A. 79-730) Prohibits the sale of a household appliance that has been used, repossessed, rebuilt, or used as a demonstrator unless it bears a tag or label so indicating.
S.B. 837, Lane, D., Chicago Heights (P.A. 79-731). Makes prefabricated housing subject to the Illinois Mobile Home Safety Act and requires it to comply to applicable safety codes after July 1, 1976
S.B. 1395, Nudelman, D., Chicago (P.A. 79-732) Requires advertisements for consumer goods state the full price of the item or state that services needed for its proper use require an extra fee.
Employment
H.B. 44, Washington, D., Chicago (P.A. 79-547). Specifies the investigatory and hearing powers of the Fair Employment Practices Commission (FEPC) with respect to firms holding public contracts.
H.B. 87, Davis, D., Chicago (P.A. 79-548). Allows FEPC to initiate investigations into an employer's hiring and promotion practices.
H.B. 250, Rayson, D., Tinley Park (P.A. 79-186). Extends FEPC jurisdiction to persons with handicaps who encounter job discrimination.
H.B. 2473, Catania, R., Chicago (P.A. 79-550). Extends FEPC's authority to employers with 15 or more employees (formerly 25 or more).
H.B. 3025, Labor and Commerce Committee (P.A. 79-460). Adds new mine safety provisions and expands enforcement authority of State Mining Board.
Grand jury
H.B. 64, Duff, R., Wilmette (P.A, 79-669). Requires transcript be made of all questions asked of grand jury witnesses and their answers.
H.B. 1444, Getty, D., Dolton (P.A. 79-671). Allows a state's attorney to prosecute felony cases by information instead of being required to present evidence to a grand jury.
Note: See "Vetoes" for action on two other bills related to grand juries.
Professions
H.B. 51, Dunn, R., DuQuoin (P.A. 79-299). Permits persons who have qualified as practical nurses but have not passed the written exam to engage in practical nursing under limited conditions.
Residential loans
H.B. 1103, Holewinski, D., Chicago (P.A. 79-632). Requires financial institutions in counties over 100,000 to disclose by zip code areas and census tracts where they lend for home mortgage and repairs and to disclose the number and dollar amount of loans applied for and granted in the communities they serve. The legislation is intended to prevent "redlining," the practice of arbitrarily denying loans because of the property's location.
H.B. 2350, Downs, D., Oak Park (P.A. 79-634). A related bill that forbids banks and savings associations from discriminating in their lending practices because of the location of the property.
S.B. 48, Nudelman, D., Chicago, (P.A. 79-105). Requires banks seeking deposits of state money to pledge not to reject loans in the community because of location of the property.
S.B. 529, Egan, D., Chicago, (P.A. 79-625). Where a mortgage lender requires an escrow account to secure payment of taxes, he must permit its termination when the mortgage has been reduced to 65 per cent of the original amount; does not apply to certain insured mortgages; and sets up conditions for renewal of escrow account on failure to pay taxes.
Recreation and conservation
H.B. 853, Matijevich, D., North Chicago (P.A. 79-472). Allows townships to establish an open space program for acquiring natural lands and to issue bonds for such land purchases.
H.B. 854, Luft, D., Pekin, (P.A. 79-473). Authorizes Department of Transportation to acquire rights of way for bikeways.
S.B. 456, Buzbee, D., Carbondale (P.A. 79-468). Establishes a program financed by a new state migratory waterfowl stamp to improve duck and geese hunting opportunities.
S.B. 692, DeMuzlo, D., Carlinville (P.A. 79-470). Adds new safety provisions to the Boat Registration and Safety Act; sets speed limits and restricts use of power boats by those 16 and under.
S.B. 713, Joyce, D., Reddick (P.A. 79-471). Provides free Fishing permits for hospital patients and handicapped persons; also raises out-of-state fishing fees.
State government
H.B. 804, Borchers, R., Decatur (P.A. 79-464). Designates the monarch butterfly as the state insect.
H.B. 818, Washington, D., Chicago (P.A. 79-188). Amends Illinois Small Business Purchasing Act to reduce the qualification of wholesale sales limits from $5 million to $2.5 million and the retail sales limits from $1 million to $500,000.
H.B. 2541, McClain, D., Quincy (P.A. 79-376). Creates new Department of Veterans Affairs to replace the Veterans Commission January 1 1976.
S.B. 1034, Hickey. D., Rockford (P.A. 79-558). Allows director of state Department of Personnel to authorize up to 10 per cent of the positions in an agency as "flexible hours" positions.
Taxes
H.B. 990, Revenue Committee and Beaupre D,, Kankakee (P.A. 79-703). Adjusts the property
Please turn to next page for more bill summaries.
November 1975/Illinois Issues/347
tax assessment level to 33 1/3 per cent over a three year period (see pp. 351-2).
Veterans
H.B. 345, Barnes, D., Chicago (P.A. 79-370). Amends Fair Employment Practices Act to make discrimination on the basis of military administrative discharges an unfair labor practice.
H.B. 858, H.B. 858, DiPrima, D., Chicago, (PA. 79-372). Transfers granting of veterans scholarships from the Scholarship Commission to the Veterans Commission.
Women's rights, sex discrimination
H.B. 271, Jaffe, D., Skokie (P.A. 79-564). Rape Victims Emergency Treatment Act requires hospitals to furnish emergency care to victims of alleged rapes at no charge; Department of Public Health will reimburse hospitals.
H.B. 278, Jaffe (P.A. 79-565). Related bill prohibits accident and health insurance policies from excluding coverage for examination and treatment of injuries sustained by a rape victim.
H.B. 445, Catania, R., Chicago (P.A. 79-568). Makes February 15 a commemorative holiday marking the birthday of Susan B. Anthony, women's rights pioneer.
H.B. 580, R. K. Hoffman, R., Westchester (P.A. 79-570). Provides health and accident insurance policy conversion privileges for divorced spouses.
H.B. 1207, Catania, R., Chicago (P.A. 79-584). Substitutes the word "individuals" for "men" in the mines inspection law.
H.B. 1244, Chapman, D., Arlington Heights (P.A. 79-585). Makes a husband or wife equally liable for support of the other under the Public Aid Code. Provides parents are not liable for support of a child 18 or over if the child has established a consistent pattern of independent living arrangements prior to application for aid.
H.B. 1255, Chapman (P.A. 79-432). Repeals authorization for municipalities to require male citizens to work two days a year maintaining streets.
H.B. 1257, Chapman (P.A. 79-586). Removes a discriminatory provision from child labor law.
H.B. 2153, Kent, R., Quincy (P.A. 79-597). Bans sex discrimination in hiring, placement and promotion of educational personnel. Provides no student may be refused admission to any course solely because of sex nor can a student be denied equal access solely because of sex, to physical education and interscholastic athletic programs supported by school district funds.
H.B. 2286, Catania, R., Chicago (P.A. 79-600). Forbids credit card companies from requesting information on an applicant's marital status unless applying for a joint account.
H.B. 3105, Catania (P.A. 79-602). Changes the name of the Commission on the Status of Women to the Commission on the Status of Persons and reduces the membership from sixteen to eight.
S.B. 824, Knuppel, D., Virginia (P.A. 79-556). Prohibits banks from requiring single women to have cosigners on notes if the same requirement is not placed on single male borrowers under similar circumstances.
Miscellaneous
H.B. 323, Griesheimer, R., Waukegan (P.A. 79-459). Designates the third Sunday in August as Senior Citizens Day.
H.B. 1357, Knuppel, D., Virginia (P.A. 79-456). Prohibits record and tape piracy and the unauthorized sale and manufacture of sound recordings.
S.B. 173, Hynes, D., Chicago (P.A, 79-463). Prohibits animal fights for sport, wagering or entertainment; makes attendance at an animal fight a misdemeanor.
S.B. 458, Vadalabene, D., Edwardsville (P.A. 79-610). The American Bicentennial Celebration Act. Permits counties, municipalities and townships to spend general revenue funds in observance of the 200th anniversary of the Declaration of independence.
Vetoes
H.B. 1851, Kelly, D.. Hazel Crest, a bill requiring married women to obtain their husband's consent before getting an abortion. Reason: the legislature tailed to repeal the existing abortion law.
H.B. 3070, Executive Committee, a bill to define the state comptroller's preaudit authority and to enable that official to conduct field preaudits, investigations, and hearings when necessary to determine the legality of any spending request. Reason: it is the function of executive department auditors and the auditor general to review the propriety of payments. (Note: Comptroller George W. Lindberg has described the veto as "pure political contrivance" and has urged the Genera! Assembly to override it.)
S.B. 16. Vadalabene, D., Edwardsville, a bill that would have set up a new board of trustees for she Edwardsville campus of Southern Illinois University. Primary reason: the Board of Higher Education had recommended the veto action fearful that the other state universities would push for their own boards.
S.B. 99 and 100, Nudelman, D., Chicago, bills which would have permitted a witness (other than the "target defendant") to have a lawyer with him in the grand jury room and to be provided transcripts of his testimony (S.B. 99) and requiring a full. transcript of every word spoken in the grand jury proceedings (S.B. 100). Reason: the bills "would have Jammed up our criminal justice system to the relief of criminals,"
S.B. 609, Partee. [)., Chicago, a bill exempting power plant cooling lakes from EPA regulations concerning thermal discharges. Reason: new Pollution Control Board regulations make the bill unnecessary.
Amendatory vetoes
S.B. 45, Fawell. R., Naperville. The bill would require landlords in downstate cities to pay interest on tenant's security deposits (now required for Chicago). Governor recommended that the landlord be required to pay the interest each year (instead of the bill's provision to be payable when the tenant leaves and the deposit is returned).
Appellate Court, 4th Judicial Circuit, Sangamon County
Citizens may sue over race track stock
Leonard Fuchs and Businessmen for the Public Interest v. Arthur J. Bidwell. Clyde W. Choate, A. L. Cronin, Clyde Lee, John W. Lewis, Jr., Robert T. McLoskey, William J. Murphy, Barbara Peters, Executor of the Estate of Everett R. Peters, Deceased, and Lillian H. Pollack. Sole Legatee under the Will of William E. Pollack, deceased
A BUSINESSMAN filed a citizen-taxpayer suit in a Sangamon County Circuit Court seeking an accounting and trust imposition against a number of named Illinois legislators for monies and/or race track stocks they allegedly received in exchange for their votes on matters dealing with the licensing, regulating, and taxing of horse racing within the State. The trial court dismissed the action.
The Appellate Court, in a 2-1 decision with Judge James C. Craven dissenting, reversed. In issuing their opinion, the court chose to rule on three significant issues. The majority held that the complaint as stated by the plaintiffs was sufficient as a matter of law. Citing a New Jersey decision, the court stated that legislators "stand in a fiduciary relationship to the people by whom they have been elected and appointed to serve." In addition, the majority also held that the plaintiffs had standing to sue. Finally, the court ruled that the bringing of such suits is not limited by statute to the attorney general. /'C. P. R.
Circuit Court, 1st Judicial District, Cook County
Caveat vendor
Cheker Oil Co. v, Illinois Department of Agriculture
UNDER THE terms of a stipulation filed in circuit court in Cook County, gasoline dealers within the state will have to clearly specify for customers whether or not their posted prices include the relevant sales tax. This stipulation grew out of a controversy involving several northern Illinois gasoline firms which posted gasoline pump prices but did not include the sales tax. These dealers added on the required sales tax to the price appearing on the pump after the sale.
Under the provisions of the stipulation gasoline retailers will have the option of posting prices with the legend "all taxes included" or "+ sales tax." To insure visibility by the public such postings will be required to be displayed in easily readable script. This policy went into effect October 15, 1975/C.P.R.
348/Illinois Issues/November 1975