Attorney General Opinions
Psychological stress evaluator unlawful
No. S-1082 to Scott K. Wilzbach, state's attorney, Marion County, 5/10/76
A psychological stress evaluator (P.S.E.), a device which uses only voice recordings as a means of detecting deception as a "lie detector test," may not lawfully be used in Illinois. The Detection of Deception Examiners Act requires the use of an instrument which records the subject's cardiovascular and respiratory patterns as minimum standards, and the P.S.E. does not record these indicators. Since no one may lawfully administer detection of deception examinations, so-called lie detections, by any means without a license from the Department of Registration and Education, no one may use the P.S.E.
Appropriation transfer invalid
No. S-1097 to State Comproller George W. Lindberg, 5/27/76
A provision in the general appropriation act (Public Act 79-257)
to the Department of Transportation, allowing the reallocation
of up to eight per cent of the amount appropriated in section 1,
is unconstitutional. It violates Article IV, section 8(d) of the
Constitution which provides: "Appropriation bills shall
be limited to the subject of appropriations." Standing alone,
the reallocation provision might be constitutional, but there is
another, and different, statutory provision for fund transfers in "
An Act in relation to State finance," and so this provision in
P.A. 79-257 would change substantive law and is thus itself substantive
in nature and therefore invalid.
Intergovernmental loan okay
No. S-1102 to Michael M. Mihm, state's attorney, Peoria County, 5/28/76
The County Board of Peoria County and the City of Peoria jointly
formed a solid waste disposal facility. A loan by the county
board to the facility is proper under provisions for intergovernmental
cooperation in Article VII, section 10 of the Constitution and the
Intergovernmental Cooperation Act (Ill. Rev. Stat.. 1975, ch. 127, sec. 744). ž
Opinions in brief
Township road districts, S-1083: These are governmental entities
separate from townships and the highway commissioner of the
road district, in the absence of a specific statutory provision, is
not subject to control of the board of town auditors
or the electors at a town meeting.
Postal officer as mayor, S-1087: The Municipal Code says no mayor or commissioner shall be an official of a public service corporation when he assumes office. This does not apply to a letter carrier or postmaster of the U.S. Postal Service since it is not a public service corporation.
Capital stock, S-1088: Capital stock of local mutual, district, county and township insurance companies is taxable and must be assessed for tax purposes by the Department of Local Government Affairs.
Collection fee, S-1089: Under Article VII, section 9 (a) of the Constitution, the county treasurer may not charge fees for collecting drainage district taxes.
Public meetings, NP-1091: The Jefferson County Democratic central committee met in closed session to fill a vacancy on the county board. Such a closed session did not violate the public meetings act because the act does not apply to party county committees.
Ex officio members, S-1093: Ex officio members of the Illinois Commission on Atomic Energy have the same rights and privileges, including the right to vote and hold office, as other members of the commission.
School funds, S-1094: A school board may not spend school district funds to promote or oppose the formation of a unit school district.
Withholding dues, S-1096: When authorized by the pensioner, the State Employees' Retirement System may make deductions for dues in the Illinois State Employees' Association.
Shelter care services, S-1098: The tax levy authorized under the County Detention Home Act may not be used to purchase or otherwise provide for shelter care at any place other than the detention home for juveniles coming under the Juvenile Court Act.
Compatible offices, NP-1099 & NP-1104: A township supervisor may serve as a county forest preserve district commissioner (NP-1099). A county board member may serve as a municipal police chief or police officer (NP-1104).
Fire district trustees, NP-1100: Trustees of a consolidated fire protection district lying in more than one non-home rule county are to be appointed by the board of the county which they will represent. Each county in the district should have representation of trustees in proportion to its share of the population in the district.
Liquor licenses, S-1101: A public official may hold a liquor license for premises which are not located within his jurisdiction. Specifically, since a county has no jurisdiction over liquor licenses inside municipalities, a county board member is eligible for a license inside a municipality. The opinion is based on Public Act 79-1183 effective July 1,1976.
Tax exemption, S-1103: A property used exclusively for charitable purposes by a charitable organization and being purchased under a contract for deed from an owner not exempted from taxes is not tax exempt because title has not passed. ž
August 1976/ Illinois Issues/27