Bill Summaries

Vetoes

Tax-paid abortions, H.B. 333 (total veto). Gov. James R. Thompson said no to a bill that would have denied use of state funds for abortions for women on public aid unless the life of the mother was at stake. Thompson said the bill "simply denies a constitutional right to some women because they are poor."

"My belief is that such women will, in many cases, attempt to terminate unwanted pregnancies in other, more desperate ways," Gov. Thompson said.

Thompson outlined specific reasons for vetoing the gravely divisive measure, including: his belief that it would violate a constitutional right, would save no money for the state since the cost of caring for victims of "back alley butchers" would soar, and his expressed dissatisfaction with the lack ot provisions in the bill allowing abortions for victims of rape or incest.

Acknowledging that his veto runs counter both to public opinion and national legislative trends. Gov. Thompson cautioned the General Assembly "to prayerfully and carefully consider the human consequences involved" before attempting to override his veto. Sponsor of the bill. Rep. Harry Leinenweber (R., Joliet) predicts the legislature will override the veto anyway when it returns in October, and most political observers agree.

Coal "export" tax, S.B. 39 (total veto). Would have taxed coal mined in Illinois but sold for use outside the state. A severance tax of 5 percent of the value of coal extracted or 30 cents a ton would have been levied by the measure, but the governor vetoed it because he said he feared the tax might impose an unconstitutional burden on interstate commerce, duplicate recently adopted federal severance taxes and hurt the sales of Illinois coal. The estimated S13.5 million in revenue from the proposed tax was to have been distributed with 50 per cent going to the counties where the coal was mined. 25 per cent to the state to help administer the new tax, and the rest for mine reclamation, black lung treatment centers and a mine subsidence insurance fund.

I he governor said a veto was necessary "to keep costs and jobs as stable as possible." Bill sponsor Sen. Gene Johns (D., Marion) said the poor coal- rnining areas of the state desperately needed the revenue sharing from the proposed tax. Johns said he would push for an override of the veto.

Probation funding, H.B. 2173 (total veto). Would have provided S2.5 million fora statewide subsidy of all county probation officers. In his veto message Gov. Thompson said the subsidy plan "fails far short of assuring (hat any change would result in the hiring, training, promoting, recordkeeping and statistical gathering" of the probation system.

Wage increase, H.B. 2383 (total veto). An appropriation to pay for negotiated wage increases for workers in the Secretary of State's Office at a cost of $970,000. "The Secretary of State has agreed to reassess his office's need for this appropriation," the governor said in his veto message to the House.

Child pornography, H.B. 286 and H.B. 1010 (amendatory vetoes). Both bills provide police and prosecutors with greater power to prevent child pornography; they set penalties of 10 years in prison and a $50.000 fine for producing, one to three years in prison for selling and one to ten years in prison for soliciting children to appear in it. The governor recommended changes in the bills that he said would more clearly define child pornography and better differentiate between the makers and sellers of it.

Welfare fraud, H.B. 212 (amendatory veto). Would increase penalties lor those who commit welfare fraud. The bill would establish a sliding scale of sentences for welfare fraud dependant on the amount of money defrauded Less than $500 illegally obtained would carry a maximum one year sentence; from $2,000 to $9,999 would mean a one to ten year stretch; while defrauding the government for over $10,000 would send a convict up the river for one to twenty years. Gov. Thompson's amendatory veto simply deletes eight

November 1977 / Illinois Issues / 27

words from the definition of welfare fraud.

Selling babies, adoptions, S.B. 1324 (amendatory veto). Would require all parties in an adoption process to provide an affidavit showing "costs, expenses, contributions, fees, compensation or other thing of value which has been given, promised or received" — the purpose being to curb black market adoptions and baby selling. The governor's changes simply allow adoption consent to be signed with less red tape, in any court having jurisdiction where social service personnel are present rather than only in the court where the adoption petition was filed.

Victims of rape, H.B. 1185 (full veto) and H.B. 760 (amendatory veto). Gov. Thompson vetoed H.B. 1185 because he said it would have lessened "the penalty for rape or deviate sexual assault." The bill would have provided for a distinction between rape and aggravated rape, making the former a Class 2 felony — of the same magnitude as purse snatching — and the latter a Class 1 felony. In his veto message, the governor stressed that rape, "however committed, is no more serious to the woman involved because of the way it was committed."

Another rape bill, H.B. 760, which would restrict questioning of rape victims by the defense during a trial, was not strong enough for Gov. Thompson. Using his amendatory veto, he returned the bill to the House recommending deletion of a provision which would permit questioning the prosecuting witness about her reputation of sexual promiscuity if the defense of consent was raised in the trial. In the governor's judgment, "neither the victim's prior sexual activity nor her reputation should ever be inquired into in a rape case unless she was previously involved with the alleged rapist."

The bill, as it stands now, would provide that the defense, prior to questioning the prosecuting witness, must show proof to a judge in chambers that the alleged activity took place. And with proof established, the defense could question not only the prosecuting witness' past sexual conduct with the alleged rapist, but also other witnesses opinion about the rape victim's reputation for sexual promiscuity.

Community colleges, H.B. 1524 (full veto). All areas of the state would be assigned to community college districts by the Illinois Community College Board either by annexation or by creation of new districts, but the governor objected to the fact that "citizens of non-district territories would have to accept assignment to a district, and the accompanying increase in tax rate, without the benefit of the referendum process." Presently, non-community college districts pay "charge-back" fees, a system considered inequitable by community college leaders.

Pollution regulations, S.B. 281 (full veto). Would have forced the Pollution Control Board to bring its sulfur dioxide emission regulations in line with those imposed by the federal government. The bill stipulated that standards could not be more strict than those required by the federal government, standards the governor said do not go far enough.

Obscenity law, H.B. 1915 (amendatory veto), H.B. 17 (full veto). H.B. 1915 would have decriminalized the sale or distribution of obscene materials to adults as long as it was not publicly displayed. The governor recommended a new provision for the bill to guarantee local governments' right to "regulate by zoning the places where obscene materials may be sold." The bill's sponsor. Rep. Robert Mann (D., Chicago), called the veto "an act of cowardice." Gov. Thompson said the legislation was introduced before the U.S. Supreme Court decision that upheld Illinois' present obscenity law. "Major reform in an area such as this should not be undertaken unless everyone is aware of the implications," he said.

At the same time the governor vetoed outright H.B. 17, which would have added violence to the legal definition of obscenity. He said H.B. 17 was not necessary since current law already bars distribution of such materials under the category of "sado-masochism."

Nursing home costs, S.B. 1308 (amendatory veto). Would have required that nursing homes be reimbursed on a "full, reasonable" costs basis by the Illinois Department of Public Aid when the state buys care for patients. Currently, flat rates are paid.

Mines and energy, S.B. 1142 (amendatory veto). The governor returned the bill with changes to make the state's energy section, effective next July 1, part of the Department of Mines and Minerals rather than the Department of Business and Economic Development. The delayed effective date "will facilitate a smooth transition, particularly [since] . . . neither this bill nor the appropriation makes provision for transferring spending authority or property to the new department," said Thompson. The bill's consolidation of the energy division with the Department of Mines and Minerals is a good deal less extreme than recommended by the governor's Panel to Conduct Public Hearings on Reorganization of State Government — which called for creation of a department of natural resources plus a department of environmental protection. The veto deleted a requirement limiting representation on the State Mining Board to individuals from unions representing at least 15 per cent of the state's miners, which would have given the United Mine Workers union automatic representation. Gov. Thompson said the section "would disenfranchise employees who choose to belong to a particular labor union."

Voting hours, H.B. 1706 (amendatory veto). Would extend voting hours one hour from six to seven p.m. The veto was designed to correct a drafting error in an amendment to the bill that would have limited the extension to jurisdictions under boards of election commissioners.

Political contributions, H.B. 2243 (full veto), H.B. 1109 (full veto), H.B. 595 (full veto). H.B. 2243 would have ended the state's 40-year-old ban on political contributions by insurance companies. The governor explained his veto by saying that where the state "has extraordinary control over every aspect of a contributor's livelihood . . . the opportunity for misunderstandings or abuse is increased." The measure would have allowed contributions by insurance firms to candidates only if such contributions were solicited by the director of the Department of Insurance, a departmental employee, the governor, the lieutenant governor or an executive branch employee.

H.B. 1109 would have required that fund transfers between political committees under the campaign disclosure law be reported only if more than $150 were transferred. Under present law all such transfers must be reported regardless of the amount.

H.B. 595 would have allowed liquor license holders and their employees to make contributions to candidates for all offices except governor and mayor. "Members of the General Assembly regularly debate and vote upon measures of importance to the liquor industry," the governor said in explaining his veto.

Signed by governor
Election consolidation, S.B. 1149 (P.A. 80-936). Consolidates elections to a limit of no more than five within any two-year period. Provides for a primary election in March and a general election in November in even-numbered years for federal, state, county and local offices. In odd-numbered years there is to be a primary in January and a general election in March for municipalities and townships; and a nonpartisan election of school, community college, park district and other local district board members in November.

Homesteads, H.B. 2183 (P.A. 80-437). Changes the date for filing homestead property tax exemption claims to allow filing in warm weather.

Solar energy, S.B. 944 (P.A. 80-430). Provides funds for solar energy demonstration projects and gives incentives for construction of solar energy systems.

Solar energy users, H.B. 747 (80-431). Bans rate discrimination by public utilities against users of solar energy.

Discriminatory language, 41 House and Senate bills. Cuts discriminatory language from many state laws. S.B. 109 also allows women to serve as bartenders where they are not a liquor licensee or wife of a licensee.

Municipal budget hearings, H.B. 449 (P.A. 80- 309). Provides for public hearings on municipal budgets and stipulates that proposed budgets be available for public inspection at least 10 days before adoption.

State scholarships, H.B. 1053 (P.A. 80-284). Provides punishment for those who lie on applications for state scholarships, allowing court action to recover the money received as well as possible charges of a Class B misdemeanor, carrying sentences of 30 days to six months in jail.

Horseshoer's licenses, H.B. 315 (P.A. 80-370). Stamps out requirements that farriers be tested before they are licensed by the state. Rural Rep. Roscoe Cunningham (R., Lawrenceville) sponsored the bill.

Currency exchange, 10-bill package. Backers say the new laws will correct abuses and corruption in the currency exchange industry by setting maximum rate schedules for cashing checks and writing money orders. Four public members are mandated on the Currency Exchange Advisory Board by the package, and increased insurance is required for currency exchanges against theft, burglary and forgery. S.B. 440, S.B. 443, H.B- 1691, S.B. 817, S.B. 445, S.B. 446, S.B. 449, H B 1829, H.B. 1831, S.B. 447 (P.A. 80-438 thru P A 80-447).

Choke prevention, H.B. 13 (P.A. 80-448). Requires the display of public health department posters showing choke-saving methods in all food service establishments.

Railroad crossing safety, S.B. 788 (P.A. 80- 462). Increases funds available for upgrading conditions at railroad crossings by $3.6 million 9- year. (Last year 82 people died at the 16,000 railroad crossings in Illinois and 427 were injured.)

Revenue bonds, S.B. 591 (P.A. 80-457). Raises the state's industrial pollution bond ceiling from1 $500 million to $900 million.ž

28 / November 1977 / Illinois Issues