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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB0515
Introduced 2/17/2005, by Sen. Don Harmon SYNOPSIS AS INTRODUCED:
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15 ILCS 205/4 |
from Ch. 14, par. 4 |
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Amends the Attorney General Act. Makes a technical change in a Section concerning the
duties of the Attorney General.
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A BILL FOR
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SB0515 |
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LRB094 07617 RCE 37789 b |
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| AN ACT concerning State government.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Attorney General Act is amended by changing |
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| Section 4 as follows:
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| (15 ILCS 205/4) (from Ch. 14, par. 4)
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| Sec. 4.
The
The duties of the Attorney General shall be-- |
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| First - To appear for and represent the people of the State |
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| before the
supreme court in all cases in which the State or the |
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| people of the State
are interested. Notwithstanding this |
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| provision, the Office of Public
Counsel shall be authorized to |
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| represent the interests of the people of the
State in all |
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| proceedings pertinent to utility regulation, including cases
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| before the supreme court, where any such case is properly |
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| brought by the
Office pursuant to its statutory duties and |
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| powers.
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| Second - To institute and prosecute all actions and |
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| proceedings in favor
of or for the use of the State, which may |
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| be necessary in the execution of
the duties of any State |
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| officer.
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| Third - To defend all actions and proceedings against any |
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| State officer,
in his official capacity, in any of the courts |
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| of this State or the United
States.
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| Fourth - To consult with and advise the several State's |
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| Attorneys in
matters relating to the duties of their office; |
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| and when, in his judgment,
the interest of the people of the |
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| State requires it, he shall attend the
trial of any party |
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| accused of crime, and assist in the prosecution. When
the |
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| Attorney General has requested in writing that a State's |
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| Attorney
initiate court proceedings to enforce any provisions |
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| of the Election Code
or to initiate a criminal prosecution with |
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| respect to a violation of the
Election Code, and when the |
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SB0515 |
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LRB094 07617 RCE 37789 b |
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| State's Attorney has declined in writing to
initiate those |
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| proceedings or prosecutions or when the State's Attorney
has |
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| neither initiated the proceedings or prosecutions nor |
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| responded in
writing to the Attorney General within 60 days of |
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| the receipt of the request,
the Attorney General may, |
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| concurrently with or independently of the State's
Attorney, |
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| initiate such proceedings or prosecutions.
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| Fifth - To investigate alleged violations of the statutes |
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| which the
Attorney General has a duty to enforce and to conduct |
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| other investigations
in connection with assisting in the |
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| prosecution of a criminal offense at
the request of a State's |
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| Attorney.
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| Sixth - To consult with and advise the governor and other |
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| State officers,
and give, when requested, written opinions upon |
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| all legal or constitutional
questions relating to the duties of |
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| such officers respectively.
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| Seventh - To prepare, when necessary, proper drafts for |
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| contracts and other
writings relating to subjects in which the |
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| State is interested.
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| Eighth - To give written opinions, when requested by either |
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| branch of
the general assembly, or any committee thereof, upon |
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| constitutional or
legal questions.
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| Ninth - To enforce the proper application of funds |
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| appropriated to the
public institutions of the State, prosecute |
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| breaches of trust in the
administration of such funds, and, |
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| when necessary, prosecute corporations
for failure or refusal |
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| to make the reports required by law.
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| Tenth - To keep, a register of all cases prosecuted or |
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| defended by him,
in behalf of the State or its officers, and of |
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| all proceedings had in
relation thereto, and to deliver the |
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| same to his successor in office.
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| Eleventh - To keep on file in his office a copy of the |
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| official opinions
issued by the Attorney General and deliver |
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| same to his successor.
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| Twelfth - To pay into the State treasury all moneys |
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| received by him for
the use of the State.
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