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Fuehrmeyer v. City of Chicago

OPINION FILED MARCH 29, 1974.

JAMES L. 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.



Appeal from the Circuit Court of Cook County; the Hon. Donald J. O'Brien, Judge, presiding.

MR. JUSTICE SCHAEFER DELIVERED THE OPINION OF THE COURT:

Rehearing denied May 31, 1974.

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. 901-03). 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:

Section 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.

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

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

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

Sec. 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.

Sec. 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.

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

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

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

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

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

Sec. 2.10. The `Illinois Physical Therapy Registration Act', approved August 3, 1951, as ...


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