Attorney
   General
Opinions

No out-of-state telecasts of Illinois horse racing

A contract under which Arlington Park race track would permit simultaneous television broadcasting of its races to bookmakers in Nevada — in effect allowing viewers there to bet on race outcomes — constitutes a violation of Illinois law. The Illinois Horse Racing Act of 1975 (Ill. Rev. Stat. 1980 Supp., ch. 8, sec. 37-26 (b)) permits pari-mutuel wagering only at the track where a race is taking place, unless the track is specifically authorized to enter into such a contract with a "duly authorized and legal wagering entity of another state" by the Illinois Racing Board. (File No. 81-001).

Assistant regional superintendent of schools

County board approval is not needed for the appointment of an assistant regional superintendent of schools as it is for the other assistants hired by the regional superintendent of schools. The School Code authorizes regional superintendents in areas with populations of two million or less to hire an assistant county or regional superintendent, and it specifically distinguishes the assistant superintendent from other assistants whose appointments require approval by the county board (Ill. Rev. Stat. 1979, ch. 122, sees. 3-15.6 and 3-15.10). If a vacancy occurs in the superintendent's office, then the assistant regional superintendent would fill the position. Because of statutory changes, this opinion supersedes a contrary opinion No. S-1162 issued in 1976. File No. 81-009.

Libraries and replacement tax funds

A local library is a governmental body which, as a "special district," is entitled to an allocation of personal property replacement revenues levied by its taxing district (Ill. Rev. Stat. 1979, ch.85, sec. 616). In addition, the governing board members of the participating libraries in a public library system may not allow members of non-public, non-system libraries to vote for directors of a public library system (Ill. Rev. Stat. 1979, ch. 81, sec. 111 et seq.). (File No. 81-012).

Public defenders

Determining how much a public defender is paid is a function of the court not the county board (Ill. Rev. Stat. 1979, ch. 38, sec. 113-3 (c)). Although the county board is required to appropriate the funds, the final determination of payment is made by the court (Ill. Rev. Stat. 1979, ch. 34, sec. 5609). The state's attorney, however, may file both a motion of opposition and appeal if he doesn't agree with the public defender's claim for fees. File No. 81-008.

Minimum Salary for State's Attorney

The minimum legal salary of a state's attorney in a county with a population above 30,000 and below 1,000,000 is $47,866.67. The state is required to pay 66 2/3 percent of the salary of state's attorneys in those counties, with the remaining 33 1/3 percent to be paid by county boards. A statute which went into effect in December 1980 gave state's attorneys a raise of $7,900 a year (from $42,600 to $50,500) of which, again, the state is required to pay 66 2/3 percent. But a subparagraph of the statute (Ill. Rev. Stat. 1980 Supp., ch. 53, sec. 7 (e)), while requiring the state to pay its share of the increase, does not require county boards to do so. Therefore, the minimum legal salary of state's attorneys in the designated counties is $50,500 minus 33 1/3 percent of $7,900 or $47,866.67. (File No. 81-010).

August 1981 | Illinois Issues | 27