Powers of county government
Three recent opinions involved the powers
of non home-rule counties. In S-1105, the
attorney general advised that a county board
could not place on the ballot the question of
whether to enact a county zoning ordinance.
The county zoning law does not so provide
and neither do any of the provisions in
Article VII, the local government article of
the Constitution. In S-1109, the attorney general said that a
county could require permits and charge fees
for dwellings on land zoning for agricultural
purposes when such dwellings were to be
used for residential purposes by persons not
engaged in agriculture. In S-1111, the attorney general said "a
county is authorized to set up a schedule of
'permit fees' which may be charged to
anyone who seeks the county's permission to
disturb a county highway." The fee schedule,
he said, "must bear a reasonable relationship
to the actual costs of repair which are
ultimately incurred by the county . . . ."
S-1105 to Robert J. Bier, state's attorney,
Adams County, 6/11/76; S-1109 to Dallas
C. Ingemunson, state's attorney, Kendall
County, 6/15/76; and S-1111 to John J.
Bowman, state's attorney, DuPage County,
6/15/76.
Mobile home tax, S-1107 and S-1113: The Mobile Home Local Services Tax Act does not apply to mobile homes used as club houses or for recreational purposes. If a corporation is required by the Revenue Act to pay personal property taxes on a mobile home which it owns, the home is not subject to the mobile home local services tax.
Township auditor-county board member, NP-1108: A person who is a member of both the county board and the board of township auditors cannot fairly represent the conflicting interests of the county and township and may not hold both offices. The legislature waived the incompatibility of the offices of township supervisor and county board member temporarily in Public Act 79-457 (see S-1016 in March 1976, p. 26), but this waiver does not extend to township auditors.
State employees' tax status, S-1110: State employees traveling on state business must pay the Hotel Operators' Occupation Tax as well as hotel taxes enacted by municipal ordinance.
"Included is a new program totalling $15
million from bond funds to replace 100
bridges on county, township and municipal
systems, with the emphasis on those bridges
which carry school buses," Bond said. Highlights of the new program include
construction of 12 miles of interstate
highways and nine bridges and over passes
on the interstate system, improvement and
construction on 627 miles on non-interstate
highways, replacement or rehabilitation of
382 bridges on all highway systems and
safety improvements throughout the state at
high accident locations, removal of roadside
hazards, installation of crash cushions and
improvements at railroad grade crossings.
New highway program
Illinois Transportation Secretary Langhorne Bond outlined early in June the details
of the proposed $543 million state highway
construction and repair program for fiscal
1977. The Illinois program is the largest in
the nation, $93 million more than second-place California. "I he proposed program
added to current projects will bring the total
Illinois highway program to $1.2 billion.
Discrimination and insurance
The Illinois Department of Insurance filed
the regulation with the secretary of state as
Rule 26.04, added to Article XXVI, Unfair
Methods of Competition and Unfair and
Deceptive Acts and Practices of Illinois
Departmental Regulations. Illinois is one of
the first states in the nation to put such a rule
into effect.
An administrative rule eliminating discrimination based on sex, marital status or
sexual preference in the sale of and coverage
provided by life and health insurance
contracts in the state became effective July 1
and applies to all contracts, endorsements
and riders issued after that date in the state.
The Financial Collection Agency, Inc., Chicago, was reprimanded by the Illinois Department of Registration and Education because of violations
of Illinois laws prohibiting collection agencies
from harassing debtors.
The agency consented to a three-day suspension, July 8-10, because the firm agreed to abide by
the department's rules and regulations without
challenging them in court. Adopted in January
1975, the rules have not had a court test.
Gov. Dan Walker announced early in July that the Federal Energy Administration has awarded $103,000 to the Illinois Division of Energy for a 10-county homeowner energy management program. The counties selected for the Energy Conservation program are Will, McLean, Wood- ford, Kane, Henry, Peoria, Boone, Tazewell, Winnebago and Rock Island.
Unemployment in Illinois dropped from 7.2 per cent in May to 6.8 per cent in June, according to the Illinois Department of Labor. This marks the first time in 15 months that unemployment in Illinois has dipped below 7 per cent.
28 / September 1976 / Illinois Issues