pay expenses connected with the construction and maintenance of a downtown shopping mall. In the case Oak Park Federal Savings and Loan Associalion v. Village of Oak Park (54 Ill. 2d 200 [1973]), several local banks challenged the village's actions. Because sections 6( 1) and 7(6) include the phrase"in the manner provided by law," the supreme Court decided that enabling legislation was necessary before the special service area procedure could be employed. The General Assembly quickly passed legislation establishing be procedures (///. Rev. Slat., 1973, ch. 120, sec. 1301 ft). The legislation applies to non-home rule as well as home rule counties and municipalities.

Home rule procedural matters
Chapter 46 of the Illinois Revised Statutes, the Election Code, provides procedures in sections 28-4 and 28-5 for all local government referenda required under the local government article, including referenda on the question of whether to become or cease to be a home rule unit. Home rule referenda, which may be held in any municipality under 25,000 population, must be retgistered with the Secreatary of State. Seventeen successful and seven un-successful home rule referenda have been held to date. There have been no referenda on the question of ceasing to a home rule unit.

In the case of a municipality losing population and falling below 25,000 population, the General Assembly has provided that the "municipality shall continue to have the powers of a home rule unit until it elects by referendum not to be a home rule unit." If no such referendum is held, "the corporate authorities shall submit to the voters of the municipality at the next general election following such determination of population, in the manner provided by law, the proposition of whether the municipality shall elect not to be a home rule unit" (///. Rev. Slat., 1973, ch. 24, sec. 1-1-9). To date no home rule municipality over 25,000 population has fallen below that figure, and no referenda on ceasing to be a home rule unit have had to be held.

County home rule referenda are governed by the County Executive Act (///. Rev. Stat., 1973, ch. 34, sec. 301 ff). In order for a county to have home rule, it must have an elected chief executive officer. Only Cook County had such an officer prior to the new Constitution, and thus was the only county to qualify for automatic home rule status. Nine other counties tried to gain home rule status by putting the county executive question on the ballot in the March 1972 primary elections. (The nine included DeKalb, DuPage, Fulton, Kane, Lake, Lee, Peoria, St. Clair and Winnebago.) The proposition failed by wide margins in all nine of these counties, and Cook remains the sole home rule county. There has been some speculation that the General Assembly will amend the County Executive Act to allow a county to adopt home rule by majority vote of the county board. No such legislation has been introduced to date. 

SSU accredited
SANGAMON STATE University, Springfield, has been granted full accreditation and membership in the North Central Association of Colleges and Universities. SSU is a senior university offering bachelor's and master's degree programs to juniors, seniors and graduate students. The university opened in 1970.

Grand jury reports stupidity in State Fair
THE SANGAMON County Grand Jury ended a three-month investigation of the 1974 Illinois State Fair on April 4, 1975, by filing a report which contained no indictments but urged the attorney general to void two contracts involving more than $1 million. In a 13-point report, the Grand Jury blamed "stupidity and ignorance" of State Fair personnel for violations of the statute and recommended:

1. The State Fair Agency should buy copies of the statutes and keep them available for reference.

2. The agency should adopt and file with the secretary of state rules governing its organization and procedures.

3. The legislature should clarify the uses which may be made of the State Fair trust fund.

4. Open-ended contracts should be eliminated.

5. Contracts issued by the agency should be in writing and "written with care" (emphasis in original).

6. The legislature should pass the State Fair's appropriation bill by May 1 each year to eliminate the need for "frantic last-minute spending."

7. The agency should arrange for maintenance work on a year-around basis instead of on an emergency basis requiring "crash" programs and overtime.

8. The State Fair manager and other fair officers should prepare detailed reports for use by their successors. "It is ridiculous that there is so little continuity from one State Fair administration to the next."

9. Contracts for fees to the State Fair Agency should be worded so as to assure that the money goes to the fair. A $10,000 contribution made in August 1974 by Pabst Brewing Co. did not get to the agency until January 1975.

10. The attorney general should initiate action to void the State Fair contract with the H. W. Buecker Plumbing, Heating, and Air Conditioning Co. in 1974 and seek recovery of $825,000 paid under the contract.

11. The attorney general should also seek to void the contract with the Robert A. Williams Construction Co. for removal of manure; a bill of $261,000 has been presented under this contract but has not been paid.

12. The provisions of the Illinois Purchasing Act should be "strictly followed" by the fair agency in the future.

13. Copies of the report should be sent to the State Fair Agency and its advisory board, to the legislative appropriations committees, and to the attorney general.

C. Joseph Cavanaugh is state's attorney of Sangamon County. 

July 1975/Illinois Issues/207

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