Attorney General Opinions

Altering local forms of government

Units of local government other than counties and municipalities cannot alter or dissolve their forms of government by popular referenda, except in cases where the General Assembly or the state Constitution have granted them that power, according to the attorney general.

Article VII of the Constitution states that "Townships, school districts, special districts and units designated by law as units of local government. . .shall have only powers granted by law." Thus, the attorney general said, "units of local government which are neither municipalities nor counties as defined in the Constitution. . .have only those powers granted by the General Assembly."

In addition, the General Assembly is not obliged to create statutory methods for dissolving units of local government. When a unit of local government must change its form or dissolve in accordance with a statute of the Constitution, the General Assembly is required only to "provide by law for the continuation of the orderly processes of government and the allocation and payment of outstanding governmental debts," the attorney general said. This means that neither the local electorate nor the governing bodies of fire protection districts and other municipal corporations have the power to dissolve these districts without the consent of the legislature. (File No. 81-035)

Sellers of traveller's checks must obtain a license

Sellers of traveller's checks are required to obtain a license under the Illinois Sale of Exchange Act (Ill. Rev. Stat. 1979, ch. 16 1/2, sec. 301 et seq.). Although section 3 of the act does not include traveller's checks in its definition of "money order," the selling of which requires a license, the title of the act plainly shows that the legislature intended to license and regulate the business of selling or issuing checks, drafts, money orders or other instruments for the transmission or payment of money. "The cardinal rule in the construction of statutes. . .is that a statute must be construed so as to. . .give full effect to the intention of the General Assembly. ..." (File No. 81-031)

Department of Revenue fraud agents can carry firearms

Although Department of Revenue fraud agents can make arrests only for violations of the Illinois Cigarette Tax Act (Ill. Rev. Stat. 1979, ch. 120, sec. 453.18), they qualify as peace officers under the Illinois Criminal Code (Ill. Rev. Stat. 1979, ch. 38, sec. 2-13) and therefore can carry firearms and are exempt from provisions of the code pertaining to the unlawful concealment and use of "any pistol, revolver, stun gun or taser or other firearms." The criminal code defines a peace officer as "any person who. . .is vested by law with a duty to. . .make arrest for offenses, whether that duty extends to all offenses or is limited to specific offenses." (File No. 81-036)

Public notice for local tax increases

Taxes levied by taxing districts for the purpose of paying principal and interest on bonds, notes and other obligations secured by property tax levies do not require public notice and hearings as set forth in the Truth in Taxation Act (P.A. 82-102). The act was intended to apply to the annual corporate levy and to special purpose levies which are made annually, and not to debt service levies such as interest payments or for the payment of lease rentals to a public building commission. Also, the act would not apply to a levy for a particular purpose which exceeds 105 percent of the amount levied for that purpose the preceding year, provided the district's total tax levy falls within the 105 percent limit. Notice and hearings are required only if the proposed aggregate or total levy for the tax district exceeds 105 percent of the total levy for the preceding year. (File No. 81-030)

Complaints against certified sheriff personnel

Only the sheriff can initiate disciplinary or discharge proceedings against certified sheriff's personnel in counties under the provisions of the Sheriff's Merit System Act (Ill. Rev. Stat. 1980 Supp., ch. 125, sec. 151 et seq.). Neither the state's attorney nor any other official except the sheriff can initiate disciplinary or discharge proceedings by the Sheriff's Office Merit Commission established by the act. (File No. 81-O32)D

February 1982/Illinois Issues/27