State of Illinois
90th General Assembly
Legislation

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90_SB0170

      15 ILCS 205/4             from Ch. 14, par. 4
          Amends the Attorney General Act  by  providing  that  the
      Attorney General shall monitor compliance with federal safety
      standards  in  children's  toys sold at retail in this State.
      Provides that if substantial lack of compliance is found, the
      Attorney  General  shall  institute  actions  for  injunctive
      relief or other appropriate relief to enforce federal law.
                                                     LRB9001827PTcw
                                               LRB9001827PTcw
 1        AN ACT to amend the  Attorney  General  Act  by  changing
 2    Section 4.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.   The  Attorney  General  Act  is  amended  by
 6    changing Section 4 as follows:
 7        (15 ILCS 205/4) (from Ch. 14, par. 4)
 8        Sec. 4. Duties.  The duties of the Attorney General shall
 9    be--
10        First  -  To  appear  for and represent the people of the
11    State before the Supreme Court in  all  cases  in  which  the
12    State   or   the   people   of   the  State  are  interested.
13    Notwithstanding this provision, the Office of Public  Counsel
14    shall  be authorized to represent the interests of the people
15    of  the  State  in  all  proceedings  pertinent  to   utility
16    regulation,  including  cases before the Supreme Court, where
17    any such case is properly brought by the Office  pursuant  to
18    its statutory duties and powers.
19        Second  -  To  institute  and  prosecute  all actions and
20    proceedings in favor of or for the use of  the  State,  which
21    may  be necessary in the execution of the duties of any State
22    officer.
23        Third - To defend all actions and proceedings against any
24    State officer, in his official capacity, in any of the courts
25    of this State or the United States.
26        Fourth - To consult with and advise the  several  State's
27    Attorneys  in matters relating to the duties of their office;
28    and when, in his judgment, the interest of the people of  the
29    State  requires  it,  he  shall attend the trial of any party
30    accused of crime, and assist in the  prosecution.   When  the
31    Attorney  General  has  requested  in  writing that a State's
                            -2-                LRB9001827PTcw
 1    Attorney initiate court proceedings to enforce any provisions
 2    of the Election Code or to initiate  a  criminal  prosecution
 3    with  respect  to  a violation of the Election Code, and when
 4    the State's Attorney has  declined  in  writing  to  initiate
 5    those   proceedings  or  prosecutions  or  when  the  State's
 6    Attorney   has   neither   initiated   the   proceedings   or
 7    prosecutions nor responded in writing to the Attorney General
 8    within 60 days of the receipt of the  request,  the  Attorney
 9    General  may,  concurrently  with  or  independently  of  the
10    State's Attorney, initiate such proceedings  or prosecutions.
11        Fifth - To investigate alleged violations of the statutes
12    which  the  Attorney  General  has  a  duty to enforce and to
13    conduct other investigations in connection with assisting  in
14    the  prosecution  of  a  criminal offense at the request of a
15    State's Attorney.
16        Sixth - To consult with and advise the Governor and other
17    State officers, and give, when  requested,  written  opinions
18    upon  all  legal  or constitutional questions relating to the
19    duties of such officers respectively.
20        Seventh - To prepare, when necessary, proper  drafts  for
21    contracts  and  other  writings relating to subjects in which
22    the State is interested.
23        Eighth - To give  written  opinions,  when  requested  by
24    either  branch  of  the  General  Assembly,  or any committee
25    thereof, upon constitutional or legal questions.
26        Ninth -  To  enforce  the  proper  application  of  funds
27    appropriated   to  the  public  institutions  of  the  State,
28    prosecute breaches of trust in  the  administration  of  such
29    funds,   and,  when  necessary,  prosecute  corporations  for
30    failure or refusal to make the reports required by law.
31        Tenth - To keep, a register of all  cases  prosecuted  or
32    defended  by him, in behalf of the State or its officers, and
33    of all proceedings had in relation thereto,  and  to  deliver
34    the same to his successor in office.
                            -3-                LRB9001827PTcw
 1        Eleventh  -  To  keep on file in his office a copy of the
 2    official opinions issued by the Attorney General and  deliver
 3    same to his successor.
 4        Twelfth  -  To  pay  into  the  State treasury all moneys
 5    received by him for the use of the State.
 6        Thirteenth - To attend to  and  perform  any  other  duty
 7    which may, from time to time, be required of him by law.
 8        Fourteenth - To attend, present evidence to and prosecute
 9    indictments returned by each Statewide Grand Jury.
10        Fifteenth  -  To  monitor  compliance with federal safety
11    standards in children's toys sold at retail  in  this  State.
12    If  substantial  lack  of  compliance  is found, the Attorney
13    General shall institute  actions  for  injunctive  relief  or
14    other appropriate relief to enforce federal law.
15    (Source: P.A. 87-466.)

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