Local initiative petitions

Electors, who are qualified to sign a local initiative petition, are persons who have met all the statutory requirements for voting in the election for which the petition is filed, including registration. For an issue to get on the ballot, the petition must be signed by a number of qualified electors equal to or greater than 10 percent of the number of registered voters in the governmental unit. This number is determined by the number of registered voters on the books when registration was closed for the last regular election before the deadline date for the petition to be filed. This opinion clarifies section 28-7 of the Election Code (Ill. Rev. Stat. 1981, ch. 46, sec. 28-7). (File No. 82-028)

Tuberculosis Care and Treatment Tax

A county may not discontinue the tax for tuberculosis care and treatment or abolish the county's tuberculosis care and treatment board without a referendum. There are two methods of providing for the care and treatment of persons afflicted with tuberculosis: levying a tax to establish a Tuberculosis Sanitarium Fund and a board to operate the sanitarium (Ill. Rev. Stat., 1981, ch. 34, sec. 5101-5104); or levying a tax to estabish a fund known as the Tuberculosis Care and Treatment Fund operated by a care and treatment board (Ill. Rev. Stat., 1981, ch. 34, sees. 5124-5130). Public Act 82-655, effective October 1, 1982, gives a county board the power to abolish the former but not the latter. (File No. 82-031)

Acquisition of land for a new prison

The Capital Development Board, in conjunction with the Department of Corrections, may acquire title to real estate for a new correctional facility even though it cannot acquire mineral rights below 125 feet. Purchase and improvement of the property fulfills statutory requirements provided the interest in the property which the state will obtain is all that is required and needed in connection with the Department of Correction's use of the property. (File No. 82-033)

Police services for municipalities

A nonhome-rule municipality does not have the power to contract with a private security firm to provide police services for the municipality. In instances where a municipality is authorized by statute to contract with a private security firm to furnish the services of security guards, the security guards are not "peace officers" as defined in the state's Criminal Code (Ill. Rev. Stat., 1981, ch. 38, sec. 2-31). Thus, a private security guard employed to furnish police services for a municipality cannot be given the powers granted to municipal policemen, such as the power to arrest a person violating a municipal ordinance. (File No. 82-032)

December 1982 | Illinois Issues | 33