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'Contraband' cars

A subsection of the Illinois Vehicle Code which has been declared unconstitutional is null and void, and no government agency can make use of its provisions or an altered version of those provisions. Due to a recent Illinois Supreme Court decision, automobiles which have had their identification numbers removed, altered or defaced can no longer be regarded by law enforcement agencies as contraband and seized (see "Judicial Rulings," June, p. 33). Previously, such vehicles could be impounded or sold or otherwise disposed of (Ill. Rev. Stat., 1981, eh. 85, sec. 4-107 (i)). But the Supreme Court ruled this subsection of the code unconstitutional because it deprived innocent car owners of their property rights. (File No. 82-023)

Driving under the influence

The secretary of state cannot require that circuit court records of the supervision of a person charged with driving under the influence of alcohol be forwarded to his office, unless that person, as part of his supervision, takes part in a driver rehabilitation program (Ill. Rev. Stat. 1981, ch. 95 1/2, sec. 6-204 (d)). Circuit court clerks are, however, required to forward the records of a person convicted of driving under the influence, since the secretary of state must revoke that person's license. Court supervision, on the other hand, is not an adjudication of guilt, and any supervision other than that requiring a driver rehabilitation program need not be reported to the secretary of state. (File No. 82-025)

Revolving credit agreements

A credit union may set the terms of a revolving credit agreement, including the rate of interest to be paid, at any amount agreed upon by the parties involved (Ill. Rev. Stat. 1981, ch. 17, sec. 6407). But a subsequent section of the statute, which provides for the taking of security on any amounts owed by a debtor after a breach or default on the credit agreement, does not apply to credit unions. (File No. 82-024)

Municipal tax ordinances

Public Act 82-703, which became effective January 1, 1982, authorizes municipalities, and other governing agencies to impose a tax on persons engaged in renting automobiles and upon persons using rented automobiles in their respective jurisdictions. Some municipalities adopted and published tax ordinances after the governor signed the law on November 12, 1981, but prior to its effective date; others passed ordinances prior to the effective date but did not publish them until after January 1. In both cases the ordinances are invalid because there was no operative law before January 1, 1982, which gave municipalities, including home rule units, the authority to impose the tax. (File No. 82-027)

November 1982 | Illinois Issues | 33