Workmen's compensation
No. S-990, to Gale Schisler, chairman,
House Agriculture Committee, 11/4/75
The Illinois Workmen's Compensation Act (Ill. Rev. Stat. 1973, ch. 48, sees. 138.1 ff) specifies that coverage of an employer and employee is based on the business or enterprise in which they are engaged and not on the type of work or particular activity that the employee is doing at the time of the injury. This act was amended by Public Act 79-79 (S.B. 235) to: (1) exempt all coverage from "any agricultural employments who employ less than 245 man days of labor during any calendar year exclusive of the employer's spouse and other members of his immediate family residing with him"; and (2) provide that the Workmen's Compensation Act automatically applies to all employers and all employees engaged in any of 18 extra hazardous undertakings, enterprises, or businesses.
But, in the agricultural employments described, employees do not get coverage even if employed in the extra hazardous enterprises, according to the attorney general.
Authority of lieutenant governor
No. S-997, to Lt. Gov. Neil F. Hartigan, 11/14/75
The Illinois Act on the Aging (Ill. Rev. Stat. 1973, ch. 23, sec. 6108) created a technical Advisory Committee on Aging and designated the lieutenant governor as the chairman who is the authorized convener of committee meetings.
A meeting was scheduled and then cancelled by the lieutenant governor. But, a number of the committee members met and still took various actions directly affecting the statutory purposes of the Technical Advisory Committee. These actions were totally invalid, because the cancellation of the meeting was valid and therefore the meeting" held by the other members was not legally convened.
Jurisdiction of Tax Appeal Board
No. S-991, to John K. Morns, chairman,
property Tax Appeal Board, 11/4/75.
As provided in the Revenue Act (Ill. Rev. Stat. 1973, ch. 120, sec. 501a-l ,ff), a board of review has authority to review and modify disposition of an application for an additional valuation for agricultural property, and the Property Tax Appeal Board has the authority to review such a decision of a board of review, according to the attorney general.
Assistant state's attorneys' salaries
No. S-993, to Frank A. Kirk, director,
Department of Local Government Affairs,
11/4/75
A county board sets the number of and salary for the county's assistant state's attorneys (Ill. Rev. Stat. 1973, ch. 53, sec. 18), but in counties where state mental health institutions and/or state penal institutions are located, the statutes (Ill. Rev. Stat. 1974 Supp., ch. 53, sec. 7) provide for reimbursement to such counties (based on county population) for the salaries of the assistant state's attorneys.
The intent of the latter statute is not to require a county with a state institution to hire a different assistant state's attorney to receive the state reimbursement. The Department of Local Government Affairs, which administers the state's reimbursements to these counties, must do so to the amount prescribed. However, the reimbursement cannot exceed the salary of the assistant state's attorney.
Highway annexation
No. S-994, to Dallas C. Ingemunson, state's
attorney, Kendall County, 11/4/75
The Illinois Municipal Code (Ill. Rev. Stat. 1973, ch. 24, sec. 7-1-1) provides that "Any territory which is not within the corporate limits of any municipality but which is contiguous to a municipality, may be annexed thereto as provided in this article .... The new boundary shall extend to the far side of any adjacent highway and shall include all of every highway within the area annexed."
When Yorkville adopted an annexation ordinance which did not include an adjacent highway in the legal description of the territory annexed, it did not comply with this mandatory provision. The annexation ordinance, then, is null and void, and all property involved reverts to its former status.
Should the city adopt a valid annexation ordinance including the adjacent highway, Yorkville will then have the responsibility for maintaining that highway.
Duty of a state's attorney
No. S-995, to Roger W. Thompson, state's
attorney, Logan County, 11/5/75
The teasing of county farm land for private purposes by Logan County is a direct violation of Article VIII, section 1(a), of the Illinois Constitution, which provides that public property can only be used for public ¦ purposes. In this situation, the county's state's attorney has a duty to investigate the ." facts surrounding the leasing of farm land by the county board. The state's attorney also \ has the authority to commence civil action against the county board and/or criminal action against board members, according to statute (Ill. Rev. Stat. 1973, ch. 14, sec. 5).
Doctrine of incompatibility
No. NP-989, to William E. Sisler, states
attorney, Stephenson County, 10/4/75
An individual who is a full-time employee in the office of supervisor of assessments may also serve simultaneously as a township assessor. There appears to be no statutory or constitutional barriers to holding of both of these posts at the same time. A distinction is made or at least assumed in common law between an office, which an individual may fill or hold, and a government job. The incompatibility principle has only been applied traditionally to offices, according , to the attorney general.
Civil rights violation
No. S-992, to Kelly D. Long, stated
attorney, Montgomery County, 11/4/75
The action of a municipal police officer a ordering two adult males who are the violating any criminal statute nor creating disturbance to leave a public sidewalk does not constitute a violation of the civil right law as set forth in the Criminal Code (Ill. Rev. Stat.,ch.38, sec. 13-2). The languages the section is clear; there only can be violation of civil rights when the action is based on "race, religion, color, nation ancestry, or physical or mental handicap. This statute does not prohibit or bediscriminatory actions based on other motives.
Sale of unused highway land
No. S-996, to Langhorne Bond, secretary
Illinois Department of Transportations
11/12/75
In 1962, the state purchased a parcely land for the construction of maintenance storage facilities. The site was never used that purpose. The department, with written consent of the governor, may dispose of the land no longer needed for general highway purposes by public sale, at auction or sealed bids (Ill. Rev. Stat. 1973, ch. 121 sec. 4-508(a)). And the land in question cannot be sold for less than the fair appraisal value according to the attorney general.
Senior citizens services
No. NP-999, to Ronald A. Niermann attorney, Marion County, 11/21/ 75"
Non-home rule counties are authorize provide only transportation services senior citizens by Public Act 78 - 1291, which amended statutes on counties./C.P.R.
February 1976/Illinois Issues/28
Insurance and discrimination
A REGULATION designed to eliminate "unfair" discrimination against women and single persons in the sale of insurance and the coverage of insurance contracts has been proposed by Robert B. Wilcox, director, Illinois Department of Insurance, subject to a hearing set for January 28. The rule would prohibit:
— Denying or cancelling policies or refusing to renew coverage because an insured or prospectively insured woman is living with a person not related to her by blood or marriage.
— New insurance contracts from treating complications of pregnancy differently from any other illness.
— Denying to divorced or single persons coverage available to married persons.
— Requiring female but not male appli- cants to take a medical examination.
— Offering dependent coverage to wives of male employees while denying it to husbands of female employees.
— Offering coverage to males gainfully employed at home, or employed part-time or by relatives, while denying or offering reduced coverage to females similarly employed.
— Reducing disability benefits for women who become disabled while not gainfully employed full-time outside the home when a similar reduction does not apply to men.
— Setting up different conditions or benefit options for males and females. This includes more restrictive basic benefit periods and more restrictive definitions of disability to women than men.
"The new regulation will prohibit discrimination based solely on sex or marital status in the benefits, terms and conditions of life and health insurance and in the underwriting criteria used by insurance companies," Wilcox said. The new rule is scheduled to become effective March 1.
TWO STATE agencies have tightened up on occupational licensing. The Department of Insurance contracted with the private Educational Testing Service of Princeton, N.J. (which also prepares college entrance examinations), to test applicants for insurance agents' and brokers' licenses. Of 500 applicants who took tests on October 11 and 25, only 31 per cent received a passing grade. This compares with an average of 60 to 70 per cent passing in the previous 18 months.
The Department of Registration and Education, which licenses 33 professions and occupations, early in November released its first quarterly report of disciplinary action imposed on licensees. During the three-month period, August 1-October 31, 19 licenses were suspended and 13 revoked. Actions involved detectives (6 actions), land surveyors (1), medical practi- tioners (2), nurses (3), public accountants (1), real estate (18), veterinarians (1).
THE AMERICAN Federation of State, County, and Municipal Employees (AESCME) was elected collective bargaining agent for state employees in a clerical para-professional unit for agencies under the governor's jurisdiction. Of 12,310 employees in the unit, 8,141 cast valid ballots for the following: AESCME, 4,368; Illinois State Employees Association, 2,909; neither, 864. Another 503 ballots were challenged.
The Illinois Board of Governors by a five to four vote approved collective bargaining rights for faculty members at the five state universities under its jurisdiction: Northeastern Illinois and Chicago State, both in Chicago; Governors State in Park Forest South; Eastern Illinois in Charleston; and Western Illinois in Macomb.
THE ILLINOIS Environmental Protection Agency last November announced it was test driving an electric car which runs on 18 six- volt batteries to determine the cost of operating such a vehicle. The car's top speed is 55 m.p.h. and it has a cruising range of 40 miles.
Attorney General William J. Scott filed a triple damage antitrust suit in the U.S. district court in Springfield against six highway contracting firms and three of their officers. They are accused of rigging bids in obtaining contracts for the construction of a bridge and a paving project on Illinois Route 24 in Massac County and a paving project on Route 13 in Saline County. Announcement was made November 19.
Secretary of State Michael J. Hewlett announced December 1 that final legislative action during the fall session on H.B. 2204 made it possible to begin implementing the photo drivers licensing program.
February 1976/Illinois Issues/29