Executive Report
Attorney General's Opinions

'Branch' bank location
No. S-872, to Richard K. Lignoul, acting commissioner of banks and trust companies, 2/27/75

A bank wishing to build a separate drive-up facility must build the separate facility within 1,500 feet from the main banking premises of the maintaining bank. If a bank acquires additional premises that are not actually "contiguous" to the main bank, it is not proper to measure the required 1,500 feet from the edge of the acquired premises.

County public information officer
No. NP-874, to John J. Bowman, state's attorney, DuPage County, 2/27/75

"The county board has the authority to establish a public information department and to employ a public information officer for the purpose of responding to public inquiries regarding official actions of the county and initiating release to the public of factual information regarding county business."

County tax sale proceeds
No. S-873, to Howard L. Hood, state's attorney, Jackson County, 2/27/75

Assuming that the proceeds of a county sale of property delinquent in taxes are less than the principal amount of levied taxes due, the county cannot consider interest or penalties in determining the county's proportionate share of the proceeds. The county share would also consider the compensation for services fixed by law.

"The proceeds are to be distributed proportionately to the county and other taxing districts of the county based on the principal amount of taxes and assessments levied on behalf of said bodies." In fixing the distribution ratio, "the years for which the taxes and special assessments are not paid and the principal amount of taxes and special assessments accrued in those years is controlling."

Church, school bus safety
No. S-871, to Langhorne Bond, director, Department of Transportation, 2/5/75

Buses operated by or for churches for transportation of children to Sunday school, Bible school and other religious education programs are not "school buses" as defined by the Vehicle Code; and the Department of Transportation may certify reeular school buses being in "safe mechanical condition" even if the bus is not equipped with a special stop arm required by law (P.A. 78-1244) but not available from manufacturers.

Public's right to tape meetings
No. S-867, to Omer T. Shawler, state's attorney, Clark County, 2/4/75

A governmental body may not prevent an individual from tape recording a meeting that qualifies as such under the Illinois Open Meetings Act, according to the attorney general. Procedural guidelines should be adopted by governmental bodies so that tapings do not interfere with the decorum and proceedings of public meetings.

Investment powers of state board
No. NP-869, to Charles W. Woodford, chairman, State Board of Investment, 2/4/75

The Illinois State Board of Investment is authorized to invest in pass-through securities which represent investments in mortgages guaranteed by the Government National Mortgage Association as to both principal and interest.

Conflict of interest
No. NP-870, to Robert A. Barnes, Jr., state's attorney, Marshall County, 2/4/75

An individual who serves as both a county board member and director of the Central Illinois Agency on Aging, a not-for-profit corporation, would not be in violation of a conflict of interest (III. Rev. Stat. 1973, ch. 102 ft).

Vote once, not again to break tie
No. NP-868 to Robert F. A. Stocke, state's attorney. Clay County, 2/4/75

The chairman of a county board has no authority after having voted once, to cast a vote again to break a tie.

Member of County Board, Building Commission
No. NP-866, to Howard L. Hood, state's attorney, Jackson County, 2/4/75

A member of a county board may also be a member of the county building commission, created by the county board.

Salary of circuit court clerk
No. S-864, to Dale A. Allison, Jr., state's attorney, Wabash County, 2/4/75

The county board must comply with the statutory directive of the legislature (P.A. 78-1251) and provide for a salary within the new maximum and minimum limits for the clerk of the circuit court. The opinion also states that the clerk is not an officer of a unit of local government, and therefore, the constitutional prohibition of an increase or decrease in the salary of an elected officer of any unit of local government during the elected term is not applicable to the circuit court clerk.

Coroner actinf as sheriff
No. S-865, to Peter J. Woods, state's attorney, Ogle County, 2/4/75

When the sheriff is interested or otherwise disqualified or prevented from acting, the coroner is authorized to serve summons, execution, or other process directed to him in a civil action as the sheriff would.

County hiring legal counsel
No. S-863, to C. Brett Bode, state's attorney, Tazewell County, 2/4/75

Since the state's attorney is the attorney and legal adviser for a county, a county board cannot hire a private attorney to advise the board or any other county officers or boards.

Advisory Council for Southern Illinois
Executive Order No. 1 — 1975 establishes the Governor's Advisory Council for Economic Development in Southern Illinois to consist of the secretary of transportation and directors of agriculture, business and economic development, conservation, local government affairs, and mines and minerals as ex officio members plus public members appointed by the governor to represent the industrial, agricultural, financial, tourist and other sectors within the regional economy (2/10/75).

$58 million bingo business
BINGO is booming in Illinois if you compare tax collections received by the state this year with last year. Comparing calendar years, bingo revenues went from $4.6 million in 1973 to $5.8 million in 1974. The state's share is 10 per cent of bingo gross proceeds, so the total being spent on bingo by the public is $58 million.

The state's tax collections from licensed bingo games in February were up 49 per cent compared to February. 1974, and revenues collected from bingo through February for fiscal year 1975 were up 25 per cent compared to the same accumulated period of fiscal 1974. Bingo revenues are .divided equally between the Common ISchool Fund and the Mental Health Fund.

Back on the track
Phoebe Snow is again making the run between Chicago, Springfield, and St. Louis. She is a dining car and has been added to the state-subsidized train, the "State House," the first train leaving Springfield for Chicago and the last train returning at night.

188/Illinois Issues/June 1975


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