Executive Report

Attorney General Opinions

A MINOR'S fingerprints may not be transmitted to the Department of Law Enforcement unless by court order in a specific case as provided in the Juvenile Court Act (III. Rev. Stat. 1975. ch. 37, sec. 708-2 (2)). In his opinion (S-1200) to William A. Redmond, speaker of the House, the attorney general said the special procedure for transmitting a juvenile's fingerprints prevails over the general procedure.

The attorney general said "AN ACT in relation to criminal identification and investigation" (III. Rev. Stat. 1975, ch. 38) does not restrict the Juvenile Court Act because delinquency proceedings are not criminal proceedings. Neither does it restrict the Illinois Commission on Delinquency Act (///. Rev. Stat. 1975.ch.23, sec. 2701ff), since the latter act provides for the maintenance and control of juvenile records.

Opinions in brief
Blanket bonds, S-1194: Blanket bonds contracted for by state officers are not subject to the requirement that they contain the acknowledged signatures and seals of each person covered by the bond.

Retirement system pensions, S-1195: The Illinois Industrial Commission's approval of a settlement agreement between the survivors of an Illinois retirement system member and the member's employer constitutes a legal decision that the member died while in the performance and within the scope of his duties.

Fees collected by municipal clerks, S-1196: Fees collected by a municipal clerk for registering vital statistics are to be paid into the municipal treasury and may not be retained by the clerk as personal compensation. This applies to fees charged by a municipal clerk for the issuance of fishing and hunting licenses.

Teachers' pensions, S-1197: Consultants hired by a high school district are not considered teachers in the Pension Code's definition and do not qualify for participation in the Teachers' Retirement System.

Dangerous Drugs Commission, NP-1198 and NP-1199: For the Dangerous Drugs Commission to make findings, orders and decisions, a minimum of six is necessary for both a quorum and majority to take action, since the commission consists of 1 1 members. Investigators for the commission may carry a weapon only when investigating controlled premises, since that is the only time when they can exercise their authority as peace officers.

Corrupt practices, NP-1201: According to the Corrupt Practices Act (III. Rev. Slat. 1975, ch. 102, par. 3), there is a prohibited interest when the spouse of a member of the county health board is employed by the health department.

County jails, S-1202: A non-home rule county cannot provide for payment for the work done by prisoners in the county jail.

Compatibility of offices, NP-1203: The offices of village board trustee and public water district trustee are incompatible because the village and district contract with each other.

Hospital records, S-1204: A county hospital must release to the press media information concerning patients brought to its emergency room that may be characterized as clerical, including name, address, age, date of commitment or discharge. Any clinical information is protected from disclosure by the physician-patient privilege.

Government ethics, NP-1205: Members of the governing boards of civic center authorities and county public commissions must file verified written statements of economic interest in accordance with the Illinois Governmental Ethics Act.

Teachers' Retirement System, S-1206: Surviving dependent beneficiaries are entitled to receive 50 per cent of the monthly allowance which is being paid to the deceased member of the Teachers' Retirement System at the time of death. This would include supplementary payments under sections 16-133.1, 16-135, 16-136.1 and 16-136.2 of the Illinois Pension Code.

Township elections, S-1207: Under the general election law there is one precinct for township elections, but the county board may designate more polling places based on public convenience. The board is not required to open all the precincts or polling places that are open during general elections.

Fees of circuit court clerk, NP-1208: The fees in the fee schedule set forth in section 27.1 of "AN ACT to revise the law in relation to clerks of courts" (III. Rev. Stat. 1976 Supp.. ch. 25, sec. 27.1) are mandatory. Circuit clerks are given no authority to set fees.ž

The Goody Book THE OFFICE of Rep. Harold Katz (D., Glencoe) has been inundated with requests for Opportunities in State Government, better known as "The Goody Book." The publication, which got its nickname from a similar project in California, lists appointments to Illinois boards, commissions, committees and other state agencies that are open to the general public. The book was researched by the Legislative Council at the suggestion of Rep. Katz and published in February by the Commission on the Organization of the General Assembly, chaired by Katz. Copies are available by writing to Rep. Katz, 2119 State Office Building, Springfield, Ill, 62706.

The governor has appointed Peg Blaser (See Names, p. 28) to receive applications for gubernatorial appointments. Her office address is State House, Room 202, Springfield, 111. 62706.ž

April 1977/ Illinois Issues / 27