Attorney
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Port district payback

A proposed second supplemental agreement between the Chicago Regional Port District and the Illinois Capital Development Board implements Section 13 of the Capital Development Board Act as amended in 1980 (Ill. Rev. Stat. 1981, ch. 127, sec. 783) and permits the state to receive a payback from the port district in a legal manner. Under a 1978 contract amended by a supplemental agreement in 1980, the state had provided funds to the port district for containerized cargo facilities as well as buildings and real estate. Under the proposed second supplemental agreement, the payback obligation is subordinate to any public bond agreements existing at the time of the contract and is to be made to the state to the extent that moneys are available in the Chicago Regional Port District's surplus account. This use of surplus account moneys is authorized by the district's 1955 bond ordinance which prohibits the district from issuing any bonds or other indebtedness secured by a pledge of revenues from the port facilities. (File No. 82-040)

Clemency hearings

The Prisoner Review Board may not close its hearings to the public when taking testimony from an inmate applying for executive clemency, as has been requested by some inmates. The board is obligated, both by the Open Meetings Act and its own administrative rules, to conduct public hearings on such applications. Under the "deliberations for decisions" exception in the Open Meetings Act, the board may deliberate in closed session only for the purpose of arriving at its decision in each case (Ill. Rev. Stat. 1981, ch. 192, sec. 42). (File No. 82-043)

Telephone meetings; campaign contribution hearings

A telephone conference involving a majority of a quorum of a public body and held for the purpose of conducting public business falls under the definition of "meeting" in the Open Meetings Act. Such conferences conducted by public bodies — in this case, the State Board of Elections — are permissible provided the public and the news media are given full access to the discussions. In addition, the State Board of Elections can hold a closed preliminary hearing to determine whether a complaint regarding disclosure of campaign contributions should be dismissed, because the closed meeting is specifically provided for in the Illinois Election Code (Ill. Rev. Stat. 1981, ch. 46, sec. 9-21). (File No. 82-041)

County floodplain ordinances

McHenry County is authorized to enforce its floodplain ordinance within the Coon Creek Drainage District, except where there is an irreconcilable conflict between the floodplain ordinance and the drainage district's statutory powers and duties. Drainage districts have the power to acquire land and to perform functions necessary to promote drainage for agricultural, sanitary and mining purposes — though in some instances, these functions require court approval (Ill. Rev. Stat. 1981, ch. 42, sec. 4-17). Counties have the power to pass zoning ordinances to reduce damage caused by the floods (Ill. Rev. Stat.

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1981, ch. 43, sec. 3151). But counties, especially nonhome-rule counties, cannot enforce flood-plain ordinances that interfere with the powers and duties of drainage districts. (File No. 82-037)

Farmland assessment appeals

The Property Tax Appeal Board does not have jurisdiction to accept appeals from individual taxpayers on farmland assessments for 1981. The method of valuing farmland for tax assessment was changed by Public Act 82-121, which sets up a procedure for assessing farmland in 1982 and subsequent years. For 1981 assessments, however, the act provides that local boards of review multiply the 1980 actual equalized assessed valuation of each parcel of farmland in the county by a factor certified by the Department of Revenue. Since this is a simple mathematical computation and not an assessment decision, it cannot be appealed to the Property Tax Appeal Board, which was set up to review the equity of assessments (Ill. Rev. Stat. 1981, ch. 120, sec. 592.1). (File No. 82-038)

County floodplain ordinances

Independent theatrical casting directors who assist advertising agencies and film producers in selecting actors and actresses for employment are not subject to licensing under the Private Employment Agencies Act because they are not theatrical employment agencies as defined by the act (Ill. Rev. Stat. 1981, ch. Ill, sec. 914). An independent theatrical casting director confers with advertisers and filmmakers about their needs and then requests talent agencies to contact actors and actresses represented by those agencies for auditions. The talent agencies are registered and licensed as employment agencies under the act. In giving his opinion, the attorney general cited a 1979 ruling in National Associates, Inc. v. Holland in which the Illinois appellate court upheld a narrow definition of theatrical employment agency rather than a broader interpretation proposed by the Illinois Department of Labor. (File No. 82-042)

'Draw Poker' games subject to seizure

The electronic "Draw Poker" machines installed in many bars are gambling devices and therefore subject to police seizure. Under the Illinois Criminal Code of 1961 (Ill. Rev. Stat. 1981, ch. 38, sec. 28-5 (a)), any gambling device which returns money on chance to a player is incapable of "lawful use" and subject to seizure. Although the "Draw Poker" machine pays off a winner in "skill points" rather than money, those points are often redeemed by the bartender for money, the attorney general said. (File No.82-109)

Contracts for Food Sanitation Program

A county board of health may enter into a contract with the Illinois Department of Public Health (IDPH) in order to adopt and enforce the Food Sanitation Program. Section 55.12 of the Civil Administration Code of Illinois (Ill. Rev. Stat. 1981, ch. 127, sec. 55.12) authorizes IDPH "To enter into contracts with the Federal Government, other States, local governmental units and other public or private agencies or organizations for the purchase, sale or exchange of health services and products which may benefit the health of the people. . . ."Rule 3.2.1 of the Food Sanitation Program further provides: "The Food Sanitation Program shall be administered in accordance with an ordinance or agreement between the local agency and IDPH to enforce and observe all State laws and regulations pertaining to food service establishments and retail food stores." (File No. 82-O35) □

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