97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1390
 
Introduced 2/9/2011, by Sen. Dale A. Righter
 
SYNOPSIS AS INTRODUCED:
 

 
15 ILCS 205/8 new

     Amends the Attorney General Act. Requires that the Attorney General appoint a Special Assistant Attorney General to represent a State agency if: (i) the State agency requests that the Office of the Attorney General represent the State agency and (ii) the acceptance of the request for representation by the Office of the Attorney General creates a concurrent conflict of interest as to that matter. Provides that a Special Assistant Attorney General has the sole duty to represent the State agency in the matter in which he or she was appointed to serve as the Special Assistant Attorney General. Effective immediately.
  


LRB097 09396 RLJ 49531 b

FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
SB1390LRB097 09396 RLJ 49531 b


  
1    AN ACT concerning State government.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Attorney General Act is amended  by adding 
5Section 8 as follows:
 
6    (15 ILCS 205/8 new)
7    Sec. 8. Appointment of a Special Assistant Attorney 
8General.
9    (a) The Attorney General shall appoint a Special Assistant 
10Attorney General to represent a State agency on any matter if:
11        (1) The State agency requests that the Office of the 
12    Attorney General represent it in the matter.
13        (2) The acceptance of the request for representation by 
14    the Office of the Attorney General creates a concurrent 
15    conflict of interest as to that matter. For the purposes of 
16    this paragraph, a concurrent conflict of interest exists 
17    whenever the Office of Attorney General has expressed an 
18    interest in the matter for which the State agency requests 
19    representation through the following: (i) participation in 
20    the administrative record before the State agency related 
21    to the matter at issue, (ii) participation in a previous 
22    legal proceeding where the same or substantially similar 
23    issues raised by the matter at issue are present, or (iii) 
 
 
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1    communication with a member of the General Assembly for the 
2    ultimate purpose of influencing any legislative action 
3    related to the matter at issue.
4    (b) A Special Assistant Attorney General must be either an 
5attorney employed by the State agency making the request for 
6representation under this Section or a private attorney not 
7employed by the State or a unit of local government. A Special 
8Assistant Attorney General has the sole duty to represent the 
9State agency in the matter in which he or she was appointed to 
10serve as the Special Assistant Attorney General. 
11    (c) For the purposes of this Section, "State agency" means 
12all executive agencies, departments, boards, commissions, and 
13authorities under the jurisdiction of the Governor.
 
 
14    Section 99. Effective date. This Act takes effect upon 
15becoming law.