Fuehrmeyer v. City of Chicago

• Decision Date: 29 March 1974
• Docket Number: No. 46262,46262
• Citation: 57 Ill.2d 193,311 N.E.2d 116
• Parties: James J. FUEHRMEYER et al., Appellants, v. The CITY OF CHICAGO, Appellee. The CITY OF EVANSTON et al., Appellees, v. The DEPARTMENT OF REGISTRATION AND EDUCATION, Appellant.
• Court: Illinois Supreme Court

Page 116

311 N.E.2d 116

57 Ill.2d 193

James J. FUEHRMEYER et al., Appellants, v. The CITY OF CHICAGO, Appellee.

The CITY OF EVANSTON et al., Appellees, v. The DEPARTMENT OF REGISTRATION AND EDUCATION, Appellant.

No. 46262.

Supreme Court of Illinois.

March 29, 1974.

Rehearing Denied May 31, 1974.

Prince, Schoenberg, Fisher, Newman & Schulman, Chicago (David B. Schulman, Richard B. Silverman and Fredric J. Kreiter, Chicago, of counsel), for appellants Fuehrmeyer and Juhl.

William J. Scott, Atty. Gen., Chicago (Herbert L. Caplan and William A. Wenzel, Asst. Attys. Gen., of counsel), for appellant Dept. of Registration and Ed. of State of Ill.

Jack M. Siegel, Corp. Counsel, Evanston, for appellee City of Evanston.

Richard L. Curry, Corp. Counsel, Chicago (William R. Quinlan and Richard F. Friedman, Asst. Corp. Counsel, Chicago, of counsel), for appellee City of Chicago.

Henry X. Dietch, Village Atty., Park Forest, for intervening plaintiff-appellee Village of Park Forest.

Stephen W. McCarty, Asst. City Atty., Rockford, for intervening plaintiff-appellee.

Canel & Canel, Chicago (Jay A. Canel and Erwin I. Katz, Chicago, of counsel), for amicus curiae Burns International Security Services, Inc., Pinkerton's, Inc., and the Associated Guard and Patrol Agencies, Inc.

SCHAEFER, Justice:

These cases, which were consolidated in the circuit court of Cook County, involve the validity of Public Act 77--1818, which became effective October 1, 1972 (Ill.Rev.Stat.1973, ch. 127, pars. 901--903). One of them is an action brought by James L. Fuehrmeyer and Gordon Juhl, individually and as representatives of all insurance brokers, against the City of Chicago to restrain the enforcement of the City's ordinance which licenses and regulates insurance brokers. In that action the City moved to dismiss the complaint, the motion was granted, and the plaintiffs have appealed. The other action was brought by the City of Evanston against the Department of Registration and Education of the State of Illinois. The relief sought was a judgment declaring Public Act 77--1818 unconstitutional on several grounds. In that action the Department's motion to dismiss the complaint was denied, and the Department has appealed. Motions to transfer the appeals to this court under Rule 302(b) were allowed. Ill.Rev.Stat.1973, ch. 110A, par. 302(b).

Public Act 77--1818 is as follows:

'An Act providing for the exclusive exercise by the State of the power to regulate certain professions, vocations and occupations.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

§ 1. Pursuant to paragraph (h) of Section 6 of Article VII of the Constitution of 1970, the power to regulate any profession, vocation or occupation for which licensing or registration is required by any of the Acts hereinafter listed in this Act, shall be exercised exclusively by the State and may not be exercised by any unit of local government, including home rule units.

§ 2. The Acts referred to generally in Section 1 are those Acts specifically listed in Sections 2.01 through 2.30.

§ 2.01. 'The Illinois Architectural Act', approved June 24, 1919, as now or hereafter amended.

§ 2.02. 'An Act to regulate the practice of chiropody in the State of Illinois', approved April 26, 1917, as now or hereafter amended.

§ 2.03. 'An Act to regulate the practice of dental surgery and dentistry in the State, and to repeal an Act therein named', approved June 11, 1909, as now or hereafter amended.

§ 2.04. 'An Act in relation to the regulation of persons engaged in the practice of funeral directing and embalming, and to repeal an Act therein named', filed July 8, 1935, as now or hereafter amended.

§ 2.05. 'The Illinois Land Surveyors Act', approved July 29, 1939, as now or hereafter amended.

§ 2.06. The 'Medical Practice Act', approved June 30, 1923, as now or hereafter amended.

§ 2.07. 'The Illinois Nursing Act', approved June 14, 1951, as now or hereafter amended.

§ 2.08. 'The Illinois Optometric Practice Act', approved June 15, 1951, as now or hereafter amended.

§ 2.09. The 'Pharmacy Practice Act', approved July 11, 1955, as now or hereafter amended.

§ 2.10. The 'Illinois Physical Therapy Registration Act', approved August 3, 1951, as now or hereafter amended.

§ 2.11. 'The Illinois Professional Engineering Act', approved July 20, 1945, as now or hereafter amended.

§ 2.12. 'The Illinois Structural Engineering Act', approved June 24, 1919, as now or hereafter amended.

§ 2.13. The 'Psychologist Registration Act', approved August 15, 1963, as now or hereafter amended.

§ 2.14. 'An Act to regulate the practice of accounting and to repeal certain Acts therein named', approved July 22, 1943, as now or hereafter amended.

§ 2.15. 'An Act in relation to the definition, registration and regulation of real estate brokers and real estate salesmen', approved June 29, 1921, as now or hereafter amended.

§ 2.16. The 'Illinois Certified Shorthand Reporters Act', approved August 20, 1965, as now or hereafter amended.

§ 2.17. The 'Social Workers Registration Act', approved September 8, 1967, as now or hereafter amended.

§ 2.18. 'An Act to license and regulate tree experts, to provide penalties for the violation thereof and to make an appropriation therefor', approved July 5, 1967, as now or hereafter amended.

§ 2.19. 'The Verterinary Medicine and Surgery Practice Act', approved August 14, 1961, as now or hereafter amended.

§ 2.20. 'Water Well Contractor's License Act', approved July 21, 1959, as now or hereafter amended.

§ 2.21. 'An Act to provide for licensing and regulating detection of deception examiners, and to make an appropriation in connection therewith', approved August 23, 1963, as now or hereafter amended.

§ 2.22. The 'Sanitarian Registration Act', approved August 23, 1965, as now or hereafter amended.

§ 2.23. 'An Act in relation to the regulation of business and vocational schools', approved July 13, 1955, as now or hereafter amended.

§ 2.24. 'The Illinois Water Well Pump Installation Contractors Licensing Act', approved August 20, 1965, as now or hereafter amended.

§ 2.25. The 'Nursing Home Administrators Licensing Act, approved September 22, 1969, as now or hereafter amended.

§ 2.26. 'An Act in relation to the practice of barbering, to prescribe penalties for the violation thereof, and to repeal an Act therein named', approved July 18, 1947, as now or hereafter amended.

§ 2.27. 'An Act relating to the practice of beauty culture', approved June 30, 1925, as now or hereafter amended.

§ 2.28. 'An Act to provide for licensing and regulating detectives and detective agencies', approved June 26, 1933, as now or hereafter amended.

§ 2.29. 'An Act for the regulation of the business of horseshoeing', approved June 28, 1915, as now or hereafter amended.

§ 2.30. The 'Illinois Insurance Code', approved June 29, 1937, as now or hereafter amended.

§ 3. If any provision of this Act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.' Laws of 1972, pp. 76--78; Ill.Rev.Stat.1973, ch. 127, pars. 901--903.

The bill which became Public Act 77--1818 (House Bill 3636) was passed in the Senate by less than a three-fifths vote. Section 6(g) of article VII of the Constitution, S.H.A. provides: 'The General Assembly by a law approved by the vote of three-fifths of the members elected to each house may deny or limit the power to tax and any other power or function of a home rule unit not exercised or performed by the State * * *.' Section 6(h) of article VII provides: 'The General Assembly may provide specifically by law for the exclusive exercise by the State of any power or function of a home rule unit other than a taxing power * * *.' Since both of the cities which were the immediate parties to the consolidated action are home-rule units, much of the discussion in the briefs and on oral argument has related to the validity of the Act as it applies to home-rule units under these constitutional provisions. But the effect of Public Act 77--1818 is not restricted to home-rule units. It applies to 'any unit of local government, including home rule units,' and we therefore first direct our attention to those constitutional objections which have been raised to the Act in its broader application. Since we find that those objections must be sustained, and it is unlikely that the narrower home-rule issue will recur in its present form, we do not discuss it.

The City of Chicago argues that House Bill 3636 was not validly enacted and hence did not become effective because it was not read by title three times in the Senate. Section 8(d) of article IV of the Constitution provides: 'A bill shall be read by title on three different days in each house.' The City's contention is based upon excerpts from the transcript of the debates in the Senate which fail to show that House Bill 3636 was read by title, although they do show that the bill was called upon third reading in the Senate, that there was a roll call and that the yeas and nays were taken by record vote. They were entered on the journal as required by the Constitution. Section 7(b) of article IV of the Constitution of 1970 provides: 'Each house shall keep a journal of its proceedings and a transcript of its debates. The journal shall be published and the transcript shall be available to the public.' We think that this contention of the City is answered by the subsequent provision of section 8(d) of article IV which states: 'The Speaker of the House of Representatives and the President of the Senate shall sign each bill that passes both houses to certify that the procedural requirements for passage have been met.' Whether or not a bill has been read by title, as the Constitution commands, seems fairly to be...