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Attorney General Opinions

NIPC not a state agency
S1434: Northeastern Illinois Planning Commission (NIPC) is a public body but not a state agency, the attorney general said in response to a question asked by Rep. Harry Yourell (D., Oak Lawn), chairman of the Joint Committee on Administrative Rules. NIPC is a body politic and corporate, separate and apart from state government, and, therefore is not governed by the Illinois Administrative Procedure Act(Ill. Rev. Stal. 1977, ch. 127, sec. 1001 el seq.).

Child abuse reports
S1423: Certain persons, including physicians, hospitals, teachers, social workers and law enforcement officers, must report -- and others may report -- any suspected case of child abuse to the Illinois Department of Children and Family Services, whether or not the suspected abuse results in death. The attorney general is of the opinion that the intent of the Abused and Neglected Child Reporting Act (Ill. Rev. Slat. 1977, ch. 23, sec. 2054) covers all child abuse cases, not just those resulting in death.

Homestead exemption
S1428: Persons improving property they are leasing do not qualify for a homestead exemption under the new section of the Revenue Act of 1939 (P.A. 80-1471), to be codified in Ill. Rev. Slat., ch. 120, sec. 500.23-1 a). The attorney general noted that the exemption applies solely to "homestead property" which is defined as property "owned and used exclusively for a residential purpose." Furthermore, since buildings or improvements cannot be separated from the land for tax purposes, ownership refers to the holder of the fee interest in real property against whom property taxes are assessed and not the holder of a leasehold interest. In regards to the homestead exemption for persons 65 years or older, however, specific provisions were made in section 19.23-1 of the act for the application of the exemption to persons with lease agreements similar to those mentioned above.

Eavesdropping security systems
S-1493: A security system using listening and recording devices in a business establishment such as a restaurant may not constitute a violation of the Illinois eavesdropping statute (Ill. Rev. Slat. 1977, ch. 38, sec. 14-1 el seq.), if all parties consent to the recordings. However, the attorney general cautioned the use of such a security system could result in a violation of the eavesdropping statute depending on the particular circumstances. The proposed system would be activated by an employee who determines a crime is being committed or by the criminal activity itself. Security personnel listening in could then inform the police. Because notices indicating the presence of the security system would be placed at the entryways, customers would be giving their implied consent when they enter facilities.

Motor vehicle accidents
S-1430: Physical contact between vehicles (or a vehicle and pedestrian) is not necessary for a driver to be considered involved in an accident if there is substantial connection with the accident. For example, if the first driver makes a driving mistake that forces the second driver to react in a way resulting in injury or damage to the second driver but not the first driver, the first driver would be generally considered to be involved in the accident, according to the attorney general.

County board elections
S-1419: All county board members of counties under township organization which have a population of less than 3.000,000 must run for reelection in 1982 regardless of the outcome of the 1981 reapportionment process (Ill. Rev. Slat. 1977, ch. 46, sec. 2-26.01). Furthermore, county boards must determine whether board members shall be elected at large or from districts in 1982 (Ill. Rev. Stal. 1977, ch. 34, sec. 832). The attorney general said the purpose of the mandatory election requirement is "to ensure that only the interests of the voters would be considered in the decision of whether or not to elect board members at large or by district. "Otherwise, "those already on the board whose terms would not expire until 1984 would have a disincentive to vote to change the method of election."

August 1979 / Illinois Issues / 28
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