Executive Report

Attorney General Opinions

Special Session bills
During a special session of the General Assembly, like the one called by Gov. Walker for September 8, the legislature has the power to consider only vetoed bills or other bills that come within the subject matter of the governor's proclamation calling the special session. And the secretary of state is required and authorized to return to the special session only those vetoed bills dealing with the subject matter of the special session. All other vetoed bills will be returned to the legislature by the secretary of state at the November 17 veto session of the General Assembly.

The basis for this opinion (No. S-1148) to Senate President Cecil A. Partee on September 7 is the explanation of Article IV, Section 9 (c) of the Constitution by the Style and Drafting Committee of the Constitutional Convention.

Political contributions and Horse Racing Act, S-1136: The prohibition on personal political contributions by officers and directors of organizations licensed to conduct horse races does not apply to officers and directors of charities which receive racing proceeds through a licensed racing association.

Training of permanent police officers, S-1137: The Illinois Law Enforcement Officers Training Board is not obligated to certify all schools that meet its minimum standards for the training of permanent police officers, nor are local governmental agencies required to participate in the board's training program for permanent police officers. However, agencies that participate in this type of training are entitled to reimbursement from the board to the same extent that they are reimbursed for the costs of basic training. The board cannot fund non basic training at a lesser level than basic training.

A proposed special service area, S-1145: Public hearings on a proposed special service area are conducted by the county board and must be held at a place reasonably convenient to taxpayers who would be affected by the proposed area. The board may create a special service area that does not include all of the land that was part of the originally proposed special service area.

Release of patient records, S-1140: A county health board may not release psychiatric records of patients who receive care at a facility operated by the board to the patient's insurer in order to process Medicare claims. The patient himself or his attorney may obtain the pertinent records and present them to insurer, or he may authorize the hospital to provide them directly to the insurer.

Law officer as guard or watchman, S-1141: A law enforcement officer working as a guard or watchman in his off-duty hours for one employer only, need not register as a private detective.

Patent policy, S-1147: The Department of Registration and Education may require an employee to assign to the state his patent rights for any discovery or invention which is the result of research carried on in accordance with his duties or paid for by the department.

Home rule, S-1146: A home rule municipality may enact an ordinance regulating public health matters and superseding the provisions of the County Health Department Act. However, if the county wants to increase its tax levy for health services, signatures from all registered voters in the county — including residents of home rule units — are to be counted on the petition for referendum required by the County Health Department Act, and the referendum should be presented to all voters eligible in the county.

Power of county board on plats, S-1143: A county board may not adopt an ordinance requiring that a subdivision plat be filed by a landowner when a plat is not required by the Plat Act, nor does it have the power to adopt an ordinance defining terms used by the legislature in the Plat Act. The county recorder may not impose additional requirements for filing surveys not found in the pertinent statutes.

Incarceration of prisoners, S-1138: A sheriff may not charge a fee of other law enforcement agencies in the county for housing .their prisoners in the county jail, but the county by contract may charge for housing prisoners of other law enforcement agencies.

Transportation of liquor, S-1142: Section 11-502 of the Illinois Vehicle Code prohibits the transportation of alcoholic liquors in open containers within the "passenger area" of any motor vehicle, including the back areas of vans that are primarily designed, adapted or used for the carrying of passengers and are readily accessible to the driver or a passenger.

Selling or delivering liquors in a public building, S-1139: A municipal corporation may not lease or permit its facilities to be used by a charitable organization for an event where alcoholic beverages will be sold or given away.

Foreign banks, S-1135: Since under Brazilian law, an Illinois bank may be authorized to maintain a banking office in Brazil, the reciprocity requirements of Section 3 of the Foreign Banking Office Act are satisfied, and the Illinois Commissioner of Banks and Trust Companies may issue a certificate of authority to Banco Real, S.A., a Brazilian banking corporation, provided all other requirements of the Act are satisfied. 

28 / November 1976 / Illinois Issues


Executive Notes

Public funds for private school textbooks were approved by state Comptroller George Lindberg August 27. The Illinois Office of Education had expected a court challenge after the law was passed last year, but none came and the program has begun in Madison, McHenry and Cook counties.

With a Triple-A bonding rate, Illinois sold $ 125 million general obligation bonds September 2 at a net interest rate of 5.23 per cent compared to a 5.63 per cent rate May 12. The issue includes $75 million for Transportation Bond Series A-1976 (September series) and $50 million Capital Development Bonds, Series C-1976. Successful bidder was a syndicate headed by First National Bank of Chicago.

New St. Louis Airport will be located on a site southeast of St. Louis but on the Illinois side of the Mississippi River. Federal authorities made the selection September 1. Lt. Gov. Neil Hartigan had represented Gov. Dan Walker during negotiations for choosing the site.

A shaft mine reclamation project started September 21 with groundbreaking ceremonies near Staunton in Macoupin County as the nation's first state-funded project of its type. Funded with $525,575 in Capital Development Board bonds under the Abandoned Mined Land and Reclamation Act, the demonstration project is scheduled for completion by year's end.

A new instant lottery game started in Illinois September 21. The prizes are new automobiles.

The 1972 campaign finances of Gov. Dan Walker were disclosed voluntarily September 3. State law now requires information on campaign finances, but during the 1972 primary, the law was not in effect.

Illinois Long-Term Care, Chronic Disease and Rehabilitation Facilities Plan was filed by the Illinois Department of Public Health with the secretary of state and became effective August 13.

New regulations for licensing day and night care homes for children were filed by the Illinois Department of Children and Family Services with the secretary of state and became effective September 10.

Regulations prohibiting Illinois credit institutions from discriminating on the basis of sex or marital status in granting of credit were filed by the Illinois Department of Financial Institutions with the secretary of state and became effective August 1.

New regulations on campaign financial disclosure are under consideration by the State Board of Elections, and public hearings will be scheduled following the November election.

Issuing insurance brokers licenses was resumed September 19, but only on a 90-day temporary basis, until a court case is settled on whether tests conducted by Educational Testing Service of Princeton, NJ, are discriminatory against minority applicants and persons with only a high school education. The licenses are issued by the Illinois Department of Insurance.

The Urban and Ethnic Education Section of the Illinois Office of Education announced September 1 that it received a grant through Title IX of U.S. Department of Health Education and Welfare. The new project titled, "Illinois Project for Cooperative Role in Multicultural Education," is to provide training for community members and school personnel in ethnic/ racial concerns in two school districts, Markham #144 and Urbana #116. 

November 1976 / Illinois Issues / 29


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