Department of Insurance

Since the responsibility for creation of a state entity, agency or subagency rests solely with the General Assembly (People v. Chicago Transit Authority (1946) 392 Ill. 77, 85), the director of the state Department of Insurance is not authorized to create a bureau of liquidations separate from the department to carry out his statutory duties as receiver of delinquent insurance companies. The bureau is therefore automatically a part of the department, and as such must comply with the Illinois Purchasing Act (Ill. Rev. Stat. 1979, ch. 127, sec. 132.2), which requires competitive bidding and economical procurement practices in all state agencies and administrative units. In addition, although the bureau of liquidations is a part of the Department of Insurance, it is not subject to the state comptroller's uniform accounting system. Employees of the bureau are paid with the remaining assets of delinquent insurance companies, and since the accounting system statute applies only to public funds, the bureau, but not the department as a whole, is exempt (Ill. Rev. Stat. 1979, ch. 15, sec. 207) (File No. 81-024).

Probation officers

Because probation officers are not "peace officers," they are subject to provisions of the Illinois Criminal Code dealing with the unlawful use of weapons from which peace officers are exempt. A "peace officer" is defined in the code as "any person who by virtue of his office. . . is vested by law with a duty to maintain public order or to make arrests for offenses. . ." (Ill. Rev. Stat. 1979, ch. 38, sec. 2-13). Since probation officers are not charged with maintaining public order and can only arrest probationers they see violating the terms of their probation (Ill. Rev. Stat. 1979, ch. 38, sec. 204-1 et seq.), they are not peace officers and cannot carry revolvers, tear gas projectors or "stun guns" on their persons or in their vehicles except when on their own property or place of business (File No. 81-022).

34 | November 1981 | Illinois Issues