SB1390 97TH GENERAL ASSEMBLY

LRB097 09396 RLJ 49531 b

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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

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

Section 5. The Attorney General Act is amended by adding Section 8 as follows:

(15 ILCS 205/8 new)

Sec. 8. Appointment of a Special Assistant Attorney General.

(a) The Attorney General shall appoint a Special Assistant Attorney General to represent a State agency on any matter if:

(1) The State agency requests that the Office of the Attorney General represent it in the matter.

(2) The acceptance of the request for representation by the Office of the Attorney General creates a concurrent conflict of interest as to that matter. For the purposes of this paragraph, a concurrent conflict of interest exists whenever the Office of Attorney General has expressed an interest in the matter for which the State agency requests representation through the following: (i) participation in the administrative record before the State agency related to the matter at issue, (ii) participation in a previous legal proceeding where the same or substantially similar issues raised by the matter at issue are present, or (iii) communication with a member of the General Assembly for the ultimate purpose of influencing any legislative action related to the matter at issue.

(b) A Special Assistant Attorney General must be either an attorney employed by the State agency making the request for representation under this Section or a private attorney not employed by the State or a unit of local government. 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.

(c) For the purposes of this Section, "State agency" means all executive agencies, departments, boards, commissions, and authorities under the jurisdiction of the Governor.

Section 99. Effective date. This Act takes effect upon becoming law.