Judicial Rulings

Illinois Supreme Court

Try, try again
Paul H. King. Superintendent of the Illinois State Fair Agency, v. George W. Lindberg, Comptroller, decided March 29, 1976

The General Assembly's attempt to set up a new State Fair Board to replace the present State Fair Agency was declared unconstitutional by the Supreme Court. The law (Public Act 79-1129) establishing the new board would have had the legislature, in effect, appointing members of an executive agency, which is not allowed by Section 9 (a) or Article V of the 1970 Constitution: "The General Assembly shall have no power to elect or appoint officers of the Executive Branch."

The law in question, which the General Assembly passed over Gov. Dan Walker's veto, provided for an interim board of 15 members with 12 of them appointed by the four top legislative leaders, and the other 3 by the governor.

Even though legislative leaders, and not the General Assembly, would have made the appointments, the court said, "We cannot allow the General Assembly to do indirectly through its officers that which the Constitution prohibits it from doing directly."

The interim board would have been replaced by 1978 with a 15-member board. One of the interim board's duties was to establish selection procedures for members of the permanent board. Ten State Fair Districts were to be set up with each district to nominate one board member to be appointed by the governor, and five others were to be appointed by the governor with the consent of the Senate. Although the interim board would have had this legislative duty, its primary duty — running the state fair — was still executive.

The opinion, delivered by Justice Ryan, reversed the decision of the Sangamon County Circuit Court.

Regional versus home rule
Metropolitan Sanitary District of Greater Chicago v. City of Des Plaines, decided March 29, 1976

Home rule municipalities do not have the power to regulate regional or statewide environmental problems, according to the Illinois Supreme Court. The Metropolitan Sanitary District of Greater Chicago wants to build a regional sewage treatment plant in the City of Des Plaines, and the court held that the city could not require the district to obtain a city permit or to comply with a city health ordinance. The district already had met state environment regulations.

Justice Underwood pointed out that this was the third time in 10 years the controversy between the two parties had come before the court. This time, the city had tried to stop the construction of the sewage plant under the contention that its home rule powers included regulation of its environment. The court held that "the application of the Des Plaines ordinance does not pertain to its 'government and affairs' within the meaning of section 6(a)" Article VII of the 1970 Constitution. The court explained that the ordinance "imposes environmental regulation upon an essential function of a regional District's ability to perform. The sewage treatment plant the District proposes to locate in Des Plaines would also serve six other municipalities, some of which are themselves home rule units and all of which could become so."

The court's opinion cited the report of the General Government Committee of the Constitutional Convention to clarify the intent of "the public policy of the State to maintain a healthful environment":

"The use of the word 'State' is meant to include political subdivisions of duplication of efforts by the State and its local governments. It is intended that the issue be left to the General Assembly for resolution" (Proceedings, Vol. 6, p. 698).

"There are myriad problems which must be overcome in this effort to preserve our environment. Not least among these is the problem of duplication of our efforts. It is essential to the cause that the inter and intra governmental efforts complement one another, that there will be a coordinated plan of action with uniform standard" (Proceedings, Vol. VI, p. 700).

Uphold inheritance law
People of the Stale of Illinois v. Ernestine G. Barker, Executor of the Estate of Zulena M. Barker, decided March 29, 1976

The constitutionality of the Illinois inheritance tax was upheld by the court, and Atty. Gen. William J. Scott has claimed a major victory with the decision.

Under question was section 11 of the act (Illinois Revised Statutes, 1973, ch. 120, sec. 385) which had not been tested under the 1970 Constitution.

In reversing the appellate court decision on the case, the Supreme Court said that a circuit court's duty to assess the property was an administrative or non-judicial function and not a violation of the separation of powers of section 1 of Article II of the 1970 Constitution. The Supreme Court noted that section 4(d) of the Transition Schedule of the 1970 Constitution provides for the circuit court to continue exercising non-judicial functions granted former county courts under laws passed as of December 31, 1963, unless the General Assembly changes the laws. The validity of county judges assessing the inheritance taxes under the Constitution of 1870 had been established. and when the county courts were abolished and circuit courts established in 1962, the assessment of inheritance taxes was passed on to the circuit judges.

The high court also upheld the constitutionality of the provision for appeals from an assessment order within 60 days to the circuit court as provided in the same section 11.

The question here concerned the fact that an appeal of a circuit judge's assessment order must be made to the same circuit judge. The Supreme Court, with Justice Underwood dissenting, said the first assessment order entered by a judge is an administrative action, subject to the 60-day period for appeal; the second order by the judge reviewing his first action is the final judicial order subject to the regular 30-day Supreme Court rule for an appeal.

The attorney general had filed an appeal in this case within 30 days after the circuit judge's second order, and the Supreme Court said the appellate court had erred in dismissing the case on the grounds that the appeal had not been filed within 60 days of the first order by the circuit judge. Justice Underwood also dissented on this point. Justice Crebs did not participate in the case.

Chief Justice Ward delivered the opinion and stated, "We consider the legislature should provide for the assessment to be made by an administrative body or person and for a right of review in the circuit court."

When the court's decision came down, the attorney general said "$75,000,000 a year in state revenue would have been in jeopardy, had we lost the case." It is the attorney general, as printed in Section 11, who does appeal the administrative order of the circuit judge in assessments for inheritance taxes.

The original question in the appeal of this case by the attorney general centered on reporting Treasury bonds in valuing an estate. The circuit court's decision to assess Treasury bonds at their fair market value was judged as correct by the appellate court, and so noted by the Supreme Court.

 
CORRECTION:
Kerner carried Sangamon
Gov. Otto Kerner carried Sangamon County in the 1964 general election. An article in the May magazine ("Sangamon County politics: Area's Number 1 industry") said that Richard B. Ogilvie in 1972 was the only incumbent governor in 30 years to carry this county in a reelection bid.

32 / June 1976 / Illinois Issues


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