State of Illinois
92^nd General Assembly
Legislation

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92_HB1623enr

 
HB1623 Enrolled                                LRB9204442REsb

 1        AN ACT in relation to the Attorney General.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Attorney  General  Act  is  amended by
 5    changing Section 4e as follows:

 6        (15 ILCS 205/4e)
 7        Sec. 4e. Recovery of lands; payment of  legal  fees.  The
 8    Attorney  General  may  authorize,  from  funds  appropriated
 9    available  for  that purpose, the payment or reimbursement of
10    reasonable and appropriate legal fees incurred by any person,
11    unit of local government, or school district in defending any
12    litigation, action, or proceeding brought  to  recover  lands
13    within  the State from such person, unit of local government,
14    or  school  district,  if  (i)  the  litigation,  action,  or
15    proceeding is based upon an allegation that the  title  or  a
16    beneficial  interest  in the title is derived from an invalid
17    federal  land  patent,  (ii)  the  person,  unit   of   local
18    government,   or   school   district   does  not  have  legal
19    representation  available  with  regard  to  the  litigation,
20    action, or proceeding through  a  title  insurer,  (iii)  the
21    Attorney  General determines that the authorization is in the
22    public interest and that  the  legal  representation  can  be
23    conducted  efficiently  and  reasonably  to avoid unnecessary
24    duplication of  effort  and  costs,  and  (iv)  the  Attorney
25    General   finds   that   a   loss  of  State  sovereignty  or
26    jurisdiction over those  lands  or  liability  for  rents  or
27    damages  may result if the land patent is held to be invalid.
28    The hourly rate for legal fees paid or reimbursed under  this
29    Section  shall not exceed the maximum hourly rate customarily
30    paid to Special  Assistant  Attorneys  General.    The  total
31    amount  of  legal  fees paid or reimbursed under this Section
 
HB1623 Enrolled             -2-                LRB9204442REsb
 1    shall not exceed $100,000 in fiscal year 2001 and $100,000 in
 2    fiscal year 2002.  The payments or reimbursements may be made
 3    from moneys appropriated to the Attorney General  for  fiscal
 4    year 2001 for contractual services, notwithstanding any other
 5    law  to  the  contrary.   The Attorney General must, no later
 6    than April 15, 2001 and March 15, 2002, submit to the General
 7    Assembly a detailed, written report indicating which fees the
 8    Attorney General has or intends to pay or reimburse  and  the
 9    basis  for making the payment or reimbursement.  This Section
10    is repealed on July 1, 2002 2001.
11    (Source: P.A. 91-940, eff. 2-1-01.)

12        Section 99.  Effective date.  This Act  takes  effect  on
13    June 30, 2001.

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