Attorney General Opinions

Release of info on juvenile offenders

Juvenile courts in Illinois can release information about juvenile offenders to school officials without violating the confidentiality provisions of the Juvenile Court Act (Ill. Rev. Stat. 1979, ch. 37, sees. 702-8,702-10). The provisions limit public access to the law enforcement records of minors under 17 to school officials, agency representatives, news media or "other properly interested persons" who have obtained court permission to inspect those records.

In his opinion, the attorney general went on to note that school officials are required to keep juvenile court and schools records separately; probation officers may not release a juvenile's record without court permission; and that law enforcement agencies are required to notify the school principal when a juvenile is detained for court proceedings. (File No. 81-017)

Disability benefits offset by worker's comp

An employee who receives disability benefits under both the State Universities Retirement System and the Worker's Compensation Act may have the benefits received from the university retirement system reduced by the amount received in worker's compensation. But benefits can be reduced only to the extent that the worker's compensation is received for destroyed earning capacity, and not for hospital, surgical or rehabilitative services (Ill. Rev. Stat. 1979, ch. 108'/2, sec. 15-153). (File No. 81-015)

Cash payments for driver's licenses

The Secretary of State's Office must accept cash payment for driver's licenses, license plates and identification cards except when such payments are made by mail. Since the Illinois Vehicle Code (Ill. Rev. Stat. 1979, ch. 951A, sec. 3-801) prohibits only cash payment of fees by mail, "it must be assumed that the legislature did not intend to prohibit cash payments when made in person," the attorney general said. (File No. 81-018 (NP))

Down payments for motor vehicles

The requirement that the "amount financed" in installment contracts on retail motor vehicles be paid in equal, periodic amounts does not apply to the down payment on such vehicles. Since a section of the Motor Vehicle Retail Installment Sales Act (Ill. Rev. Stat. 1979,ch. 121'/2, sec. 565) defines the amount financed as the price of the vehicle minus the buyer's down payment, the amount of the down payment does not have to be equal to each of the installment payments made under the contract. (File No. 81-013 (NP))

Zoning in 'airport hazard area'

Land within an "airport hazard area" may be zoned for land use and height restrictions, but only to the extent that the zoning is proved to remove obstructions to airspace or hazards to planes taking off and landing (Ill. Rev. Stat. 1979, ch. 15 1/2, sec. 48.13). Therefore, a local government can zone land near an airport within its boundaries to restrict the height to which buildings can be erected or trees allowed to grow. (File No. 81-014)

State licenses for federal property

Recreational areas in Illinois which are owned and operated by the federal government are not subject to licensing by the Illinois Department of Public Health under the Recreational Area Licensing Act. The United States is not specifically named in the act and is therefore not bound by it. But even if it were named, it is doubtful that the U.S. would be bound by the act, since Article VI of the U.S. Constitution states that United States law is "the supreme law of the Land . . . laws of any State to the contrary notwithstanding." (File No. 81-018)D

29 | October 1981 | Illinois Issues