Executive Report

Attorney General Opinions Borrowing by Educational Consortium

THE ILLINOIS Educational Consortium by borrowing more than $200,000 to purchase computer equipment and then entering into a lease/purchase agreement with Illinois State University violated the Illinois Constitution (Article IX, section 9). The Constitution does not limit the amount of state debt, instead the section attempts to control such debts by defining the term "State debt" so that uniform restrictions apply whenever debts are secured by the full faith and credit of the state or are required to be repaid from tax revenue.

In the attorney general's opinion (S-1209) the Consortium, created and controlled by the state universities and colleges, by acting as agent incurred the debt for the university which had promised repayment through its annual appropriation. The Constitution prohibits this unless approved by law.


Opinions in brief

Real estate sales procedure, S-1210: St. Clair County may enter into a contract with Clair Investments to act as representative of St. Clair County to attend sales of delinquent tax property under section 216d of the Revenue Act of 1939 (Ill. Rev. Stat. 1975, ch. 120, sec. 697d) and to bid on behalf of the county. The length of term of the contract may not extend beyond the term of the county board which executed the contract.

Public records and information, NP-1212: The period for which the Illinois Pollution Control Board must keep its original case and regulation records is determined by the State Records Commission in accordance with its regulations and the State Records Act.

Compatibility of offices, S-1213: There is no statutory or constitutional provision that specifically prohibits a person from serving simultaneously as committee man of a political party and as a commissioner on merit commissions for deputy sheriffs.

Compensating coroner's deputies, S-1214: Coroner's deputies may be compensated on either a per diem or salary basis. There is statutory provision allowing the county board to compensate deputy coroners, and the county board may choose either manner of compensation.

Surety bonding requirements, NP-1211: The Illinois Racing Board has no power to adopt rules allowing the reduction of an organization licensee's bond below the statutorily established requirement; such rules would be void and of no effect./ V.H. 


State statistics

SEASONALLY adjusted unemployment figures for March gave 6.0 per cent of the state's labor force unemployed, indicating no change from February. Chicago's unemployment rate increased from 5.4 per cent to 5.6 per cent, while downstate unemployment decreased. Decatur had the most dramatic drop of 8.0 per cent to 7.1. The maximum interest rate in April for loans secured by residential real estate is 9.75 per cent.

28 / May 1977 / Illinois Issues


|Home| |Back to Periodicals Available| |Table of Contents| |Back to Illinois Issues 1977|