UNITED PRIV. DET. & SEC. ASS'N v. Chicago

343 N.E.2d 453, 62 Ill. 2d 506
CourtIllinois Supreme Court
DecidedJanuary 20, 1976
Docket47531
StatusPublished

This text of 343 N.E.2d 453 (UNITED PRIV. DET. & SEC. ASS'N v. Chicago) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
UNITED PRIV. DET. & SEC. ASS'N v. Chicago, 343 N.E.2d 453, 62 Ill. 2d 506 (Ill. 1976).

Opinion

62 Ill.2d 506 (1976)
343 N.E.2d 453

UNITED PRIVATE DETECTIVE AND SECURITY ASSOCIATION, INC., et al., Appellants,
v.
THE CITY OF CHICAGO et al., Appellees.

No. 47531.

Supreme Court of Illinois.

Opinion filed January 20, 1976.
Rehearing denied March 25, 1976.

*507 Donald L. Metzger and James L. Fletcher, of Chicago (Burditt and Calkins, of counsel), for appellants.

*508 William R. Quinlan, Corporation Counsel, of Chicago (Daniel Pascale and Jerome A. Siegan, Assistants Corporation Counsel, Lee J. Schwartz, Special Assistant Corporation Counsel, and Jennifer Duncan (law student), of counsel), for appellees.

Reversed and remanded.

MR. CHIEF JUSTICE WARD delivered the opinion of the court:

This appeal concerns the power of the General Assembly to provide for the exclusive exercise by the State of a power of a home rule unit. We must consider sections 6(a), 6(g), 6(h) and 6(i) of article VII of the Constitution of 1970 in determining whether the City of Chicago has been barred by the General Assembly's action from regulating the operations or business of private detectives. (Ill. Const. 1970, art. VII, secs. 6(a), 6(g), 6(h) and 6(i).)

Those sections provide:

"(a) * * * Except as limited by this Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare; to license; to tax; and to incur debt.
* * *
(g) 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 other than a power or function specified in subsection (l) of this Section.
(h) 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 or a power or function specified in subsection (l) of this Section.
(i) Home rule units may exercise and perform concurrently with the State any power or function of a home rule unit to the extent that the General Assembly by law does not specifically limit the concurrent exercise or specifically declare the State's exercise to be exclusive."

*509 In its first effort to limit the powers of home rule units under section 6(h) which this court has reviewed, the General Assembly enacted Public Act 77-1818 (Ill. Rev. Stat. 1973, ch. 127, pars. 901-903, repealed by Public Act 78-1297, sec. 56 (1975)), which became effective on October 1, 1972. Section 1 of the Act provided:

"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."

Sections 2.01 through 2.30 of the Act then listed various professions and occupations, all of which were regulated to some extent by the State, that units of local government were to be prohibited from regulating. Section 2.28 prohibited local government units from regulating private detective agencies which were subject to the registration requirements of "An Act to provide for Licensing and Regulating Detectives and Detective Agencies * * *" (hereafter, the Private Detective Act) (Ill. Rev. Stat. 1971, ch. 38, pars. 201-1 et seq.).

However, this court in Fuehrmeyer v. City of Chicago, 57 Ill.2d 193, held that Public Act 77-1818 was unconstitutional. We did so on the ground that it violated section 8(d) of article IV of the Constitution of 1970 (Ill. Const. 1970, art. IV, sec. 8(d)), as we judged the bill expressly amended provisions of statutes without setting forth the sections amended (57 Ill.2d at 201) and because the bill was not confined to one subject (57 Ill.2d at 204). We did not consider the question whether a bill granting the State the right to exercise exclusively any power or function of a home rule unit, which power or function the State had previously exercised, required a three-fifths vote or a simple majority vote in both houses of the General Assembly. (57 Ill.2d 197-98.) Nor did we interpret the language "exclusive exercise by the State of any power or *510 function of a home rule unit" appearing in section 6(h).

Our decision in Fuehrmeyer was announced on March 29, 1974, and a petition for rehearing was denied on May 31, 1974. The General Assembly subsequently (September 5, 1974) passed (by a majority vote in the Senate) Public Act 78-1232 (Ill. Rev. Stat., 1974 Supp., ch. 38, par. 201-27), which became section 27 of the Private Detective Act. That act, that is, Public Act 78-1232, is the subject of this appeal. It provides:

"Pursuant to paragraph (h) of Section 6 of Article VII of the Constitution of 1970 the power to regulate the private Detective Business shall be exercised exclusively by the State and may not be exercised by any unit of local government, including home rule units."

Prior to our decision in Fuehrmeyer, the City of Chicago, which together with Marshall Korshak, as director of the Department of Revenue of the City of Chicago, and James M. Rochford, as superintendent of police, are the defendants here, amended its Municipal Code to establish a procedure for the licensing of security firms. The ordinance, which became effective on January 1, 1974 (Chicago Mun. Code, ch. 117), defines a security firm as a detective agency conducting business in Chicago which is subject to the State registration requirements of the Private Detective Act. A detective agency conducting business in Chicago, therefore, must obtain licenses from both the State and the City of Chicago (hereafter, the City). However, the licensing provisions of the ordinance differ from those of the statute. For example, in order to obtain a certificate of registration from the State, an individual must post a $5,000 bond (Ill. Rev. Stat. 1973, ch. 38, par. 201-6a(f)), while in order to obtain a license from the City the applicant must be covered by liability insurance in the amount of $1,000,000 (Chicago Mun. Code, ch. 117-3). Too, the Department of Registration and Education, which is charged with the State regulation of detective *511 agencies, requires a person employed as a security guard to have 5 hours' training in the handling of weapons (Rules and Regulations of the Department of Registration and Education for the Administration of the Illinois Detective Act, Rule VI (1974)), and Chicago's ordinance requires 10 hours of firearms on-range training (Chicago Mun. Code, ch. 117-6(g)).

The plaintiffs here are detectives, detective agencies, and organizations which represent them, that conduct business in Chicago. They are registered with and regulated by the Illinois Department of Registration and Education and under the terms of the ordinance are subject to the licensing provisions of the ordinance.

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United Private Detective & Security Ass'n v. City of Chicago
343 N.E.2d 453 (Illinois Supreme Court, 1976)

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Bluebook (online)
343 N.E.2d 453, 62 Ill. 2d 506, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-priv-det-sec-assn-v-chicago-ill-1976.