Intergovernmental cooperation
S-1029, to William J. Cowlin, state's attorney, McHenry County, 1/7/76

A CITY that exists in a county which has adopted a county zoning ordinance (Ill. Rev. Stat. 1973, ch. 34, sees. 3151 ff) cannot enter into a joint city-county agreement extending zoning powers beyond its boundaries because of the statutory prohibition contained in the Illinois Municipal Code (Ill. Rev. Stat. 1973, ch. 24, sec. 11-13-1). Furthermore, the intergovernmental cooperation powers provided in the Illinois Constitution (Art. VII, sec. 10) and the Intergovernmental Cooperation Act (Ill. Rev. Stat. 1973, ch. 127, sees. 741 ff) are not applicable if the county ordinance exists.

Compatibility of legislator and county board member
S-1027, to Basil G. Greanias, state's attorney, Macon County, 1/5/76

The offices of member of the General Assembly and county board member are not incompatible because there is no current statute or constitutional provision which prohibits the holding of both offices concurrently. "An Act to Prevent Fraudulent and Corrupt Practices" (Ill. Rev. Stat. 1973, ch. 102, sec. 1) only prevents a member of the county board from accepting another office by appointment or election of the county board. The Illinois Constitution (Art. IV, sec. 2e) forbids a member of the General Assembly to receive "compensation as a public officer or employee from any other governmental entity for time which he is in attendance as a member of the General Assembly." Under the Constitution of 1870 a member of the Assembly was prohibited from holding any lucrative office, but the Sixth Illinois Constitutional Convention rejected a proposal to prohibit a member of the Assembly from holding another elective or appointed office (Record of Proceedings, Vol. I, 2821-2828). The compatibility of the two offices is a matter of public policy. Based on existing constitutional provisions, statutes and court cases, there is no strong public policy for holding the two offices incompatible.

Horse racing
S-1038, to Anthony Scariano, chairman, Illinois Racing Board, 1/20/76

A racing association's grant for rent-free use of its track facilities to a political party constitutes a violation of the Harness Racing Act which prohibits "gifts or contributions to any person considering campaigning for or holding public office."

Conflict of interest
S-1031, to Robert H. Howerton, state's attorney, Williamson County, 1/8/76

The mere possibility that an officer of a governmental unit may have a pecuniary interest in a proposed contract with another public body is not sufficient to void the transaction unless actual interest can be proved.

Public meetings
S-1034, to Robert A. Downs, state's attorney, Fulton County, 1/13/76

A public body subject to the open meetings law (Ill. Rev. Stat. 1973, ch. 102, sees. 41 ff) may hold closed sessions to discuss pending court cases and consult with its attorney in regard to prospective litigation. However, these exceptions should be narrowly construed to ensure that deliberations of public agencies be conducted openly.

Corrupt Practices Act
S-1035, to James R. Burgess, Jr., state's attorney. Champaign County, 1/19/76

A county cannot deposit its funds in a bank which employs a minor child of a county board member. In Illinois the expenses of the family and the education of the children are chargeable upon the property of the husband and wife (Ill. Rev. Stat. 1973, ch. 68, sec. 15). A parent has pecuniary interest in his child earning money, which gives the board member an interest in the employment in the bank and the contract of deposit.

Subdivision roads
S-1043, to Sen. William C. Harris (R.,Pontiac), 1/27/76

Nondedicated subdivision roads built prior to July 23, 1959, with motor fuel tax funds cannot become part of a township and district road system until they meet standards established by the county (Ill. Rev. Stat. 1974 Supp.,ch. 121, sec. 6-701.8). Moreover, highway commissioners cannot use federal revenue sharing funds to improve these roads until they do meet county standards.

Branch banking
S-1040, to Richard K. Lignoul, commissioner of banks and trust companies, 1/26/76

The question of what constitutes a branch of a national bank is a federal rather than state matter. However, a business service office at which loan requests will be accepted is a place where money is lent and, hence, constitutes a branch and is in violation of the Illinois Banking Act.

Clerk vacancies
S-1037, to Joseph P. K-oval, state's attorney, Macoupin County, 1/20/76

A vacancy in the county clerk's office should be filled by appointment of the central committee of the political party of which the officer was a member until the next county or general election. A special primary election must be held to make nominations for candidates. In making the temporary appointment, each precinct committeeman shall have one weighted vote in accordance with rules established by the committee.

County property
S-1046, to John J. Bowman, state's attorney, DuPage County, 2/5/76

A non-home rule county has the authority to lease space in a county building to the township board, highway commissioner and a state representative from the district in which the building is located because such a lease will be for a public purpose as required in the Illinois Constitution (Art. VIII, sec. 1a).

Exemption of homestead improvement
S-1045 to Frank A. Kirk, director, Department of Local Government Affairs, 1/5/76

Public Act 79-913 authorized a homestead improvement exemption from the property tax. This exemption applies only to owner-occupied residences and not to apartment buildings. The addition of a garage to a homestead would be eligible for the exemption; so would the improvement of a detached garage on the same lot. The maximum amount of exemption is $15,000 and applies even if two or more improvements are involved.ž

Attorney General Opinions in brief Gas mileage labeling, S-1030: The secretary of state has the power to enforce regulations under which automobile manufacturers disclose potential gasoline mileage of new cars. Sheriffs duties, S-1036: Sheriffs must execute all writs legally directed to them. Administering medication, S-1033: Nursing aides, orderlies, attendants and other auxiliary workers in nursing homes may not administer medication to patients. Mobile home tax, S-1042: A mobile home must be inhabited for two or more months before it is subject to the mobile home tax. Selling state cars, S-1032: Money realized from the sale of state cars must be deposited in the general revenue fund rather than the garage revolving fund. Church liquor license, S-1026: Although a church or private school may be issued a liquor license, they may not sell liquor within 100 feet of the property on which the church or school building is located. Court vacancies, S-1022: When a circuit judge is subject to mandatory retirement in December 1976, an election may be held to fill that post in November 1976. Circuit clerks' pensions, S-1039: Circuit clerks are not defined as members of the General Assembly Retirement System and may not participate in that system.ž

26 / April 1976 / Illinois Issues