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Attorney General Opinions

State leases and debt violations
S-14I2: A state agency may enter into a multiyear lease to obtain computer equipment without violating debt provisions of the Illinois Constitution or section 30 of "An Act in Relation to State Finance"(///. Rev. Stat. 1977, ch. 127,sec. 132.5-1). The opinion was in response to a question asked by R. Bruce Waddell, chairman of the Data Information Systems Commission. Though appropriations are made annually, a multiyear lease containing a nonappropriations of funds clause does not create a state debt because payment of funds to the lessor is contingent on the appropriation of funds. If a multiyear contract is the only practical method to lease such equipment, a state agency may enter into such a contract by promising "to use appropriated funds to make future payments to the lessor and to use its best efforts to obtain appropriations," the attorney general said.

Replacement warrants to heirs
S-1409: Heirs or legatees who have filed a small estate affidavit as well as legal representatives may handle the affairs of a deceased person. The attorney general gave his opinion in a case involving replacement warrants issued by the comptroller for the payment of a claim due to an estate. The attorney general said his interpretation is consistent with the "legally qualified representative of decedent" provision of the Probate Act (///. Rev. Slat. 1977, ch. 110%, sec. 25-1).

County nursing home powers
S-1414: A county nursing home is not authorized 'to act as a home health agency. A county nursing home may only provide maintenance, personal care and nursing to patients residing in the nursing home(///. Rev. Slat. 1977, ch. 111 1/2, sec.35.16). A home health agency provides similar services but in the patient's home according to the Home Health Agency Licensing Act (///. Rev. Slat. 1977, ch. 111 1/2, sec. 2802.5). Besides, the county health departments in many counties have been licensed as home health agencies.

Variances by Mining Board
S-1415: The Mining Board of the Illinois Department of Mines and Minerals does not have the general authority to grant exemptions and change provisions of the Coal Mining Act (///. Rev. Slat. 1977, ch. 96 1/2, sec. 1906). The opinion was delivered in response to a question about whether the board has the authority to exempt a coal company from installing a staircase in its mine shafts more than 20 feet deep, a requirement of the act. The attorney general said the board may only grant exemptions if the act specifically grants the board the authority to do so. Also, the Coal Mining Act is not preempted by the federal mining law, according to the attorney general, because it wasn't the intent of the federal law, and federal and state laws are compatible in the area of health and safety.

July 1979 / Illinois Issues / 27