Executive Report

Reduction veto bills
S.B. 1559, Moore, D.A., et al. Appropriation to Department of Public Aid for fiscal 1975. Governor vetoed in part 7/22/74 (reduced 10 percent of living increase to welfare recipients to 5 percent). Senate override 11/8/74. House override 12/5/74.

Bills to governor
Environmental control
H.B. 1114 Boyle et al. New abandoned mine land reclamation act. Passed Senate 12/5/74. House concurred in amendments (passed) 12/5/74 (See roll call).

H.B. 1115, Boyle et al. Appropriates $2.5 Billion to administer abandoned mine land reclamation act. Passed House 6/3/74. Passed Senate 12/5/74.

H.B. 1277, McMaster et al. Amends surface- Bined land conservation and reclamation act to require coal mining companies to return mined land to condition suitable for agricultural use; Other changes. Senate passed 12/5/74. House (incurred in Senate amendments (passed) 12/5/74 (See roll call).

Public officials' pay
S.B. 1240, Hall, H.H. Increases minimum salaries payable by counties to county officers. Not applicable to Cook County (a home rule county). Passed Senate 6/11/74. Passed House 1/22/74. Signed 11/27/74. P.A. 78-1251. (See rolI call)

H.B. 2518, Fleck et al. Increases judges' salaries. Passed House 6/21/74. Passed Senate 11/4/74 (See roll calls).

H.B. 2815, Fleck et al. Increases legislators' salaries and expense allowances. Senate passed 12/5/74. House concurred in Senate amendments passed) 12/5/74 (See roll calls).

S.B. 2898, Fleck/Madigan. Increases salaries of certain state officers. Senate passed 12/5/74. House concurred in Senate amendments (passed) 12/5/74 (See roll calls).

Senior citizens
H.B. 2715, Shea et al. Increases grants to person over 65 whose annual income is below $10,000 under existing "circuit-breaker" law. Passed house 11/22/74. House concurred in Senate laments (passed) 12/5/74 (See roll calls).

H.B 2716, Shea et al. Appropriates $34 million payment of grants under H.B. 2715. Passed Senate 6/19/74. Passed Senate 11/22/74.

Unemployment compensation
H.B. 2480, Giorgi et al. Increases benefits under unemployment compensation act. Passed 12/5/74. House concurred in Senate amendments (passed) 12/5/74 (See roll calls).

ATTORNEY GENERAL'S OPINIONS
File No. S-838
Nov.26, 1974
PUBLIC Act 78-1189 set forth certain purposes for which township funds or federal revenue sharing funds could be spent by a board of town auditors under a cooperative arrangement with another governmental unit, nonprofit corporation, or nonprofit community service association. These purposes are maintenance or operating expenses of providing services to township residents for: public safety, environmental protection, public transportation, health, recreation, libraries, and social services for the poor and aged. The director of the Department of Local Government Affairs was advised that this was sufficient authorization for such expenditure. However, additional authorization by statute was needed if such expenditures were made for capital (rather than operating) purposes. Also, a specific act that requires the approval of the electors of a township to transfer surplus funds to the road and bridge fund is still in effect and was not abrogated by P.A. 78-1189.

File No. S-841
Nov. 27, 1974
In resolving an apparent conflict between the Illinois Vehicle Code and the Unified Code of Corrections with respect to the penalty for driving a motor vehicle after suspension or revocation of driver license, Attorney General William J. Scott held that if a court imposes a jail sentence, it must be for at least seven days (but less than a year) but imprisonment is not mandatory. The court may also impose a fine, probation, or conditional discharge, John G. Satter, Jr., state's attorney, Livingston County, was advised.

File No. S-840
Nov. 27, 1974
The Soybean Marketing Act, which established the Illinois Soybean Program Operating Board, did not provide that the Attorney General should represent and advise the Board. Members of the Board are elected by individual soybean producers of the state and they cannot be considered state officers. The Board's authority includes the power to hire its own attorney, rather than to rely on the Attorney General, Allan Aves, board chairman, was told.

File No. NT-842
Nov. 27, 1974
The state's attorney's office has incurred expenses for legal work in connection with a revenue bond issue fur expansion of a county combined waterworks and sewerage system. Money derived from the bonds may lawfully be used to cover these expenses, John J. Bowman, state's attorney, DuPage County, was told.

File No.NP-843
Nov. 27, 1974
The Constitution provides that public property can be used only for public purposes. Private farming is not a public purpose and a county cannot lease county real estate to a private individual for such a purpose, William E. Sisler, state's attorney, Stephenson County, was advised.

File No. NP-844
Nov. 27, 1974
However, under the constitutional provision cited above, the lease of a portion of a county nursing home building to a nonprofit child day care center is lawful because such a center is operated for a public purpose, James M. Carr, state's attorney, DeKalb County, was advised.

File No. S-839
Nov. 26, 1974
Counties which are not home-rule counties have only those powers granted to them by law. A grant or donation to a private non-profit corporation specializing in volunteer probation services is not authorized by law, and a county board may not make such a grant, Richard S. Simpson, state's attorney, Lawrence County, was told.

File No. S-845
Nov. 27, 1974
When a county superintendent of highways resigns before the end of his six-year term, if a successor is appointed under Section 5-201 of the Illinois Highway Code, he begins a new six-year term rather than merely filling the unexpired term of his predecessor, Omer T. Shawler, state's attorney, Clark County, was advised.

Illinois Issues/February 1975/59