Illinois General Assembly - Full Text of Public Act 094-0291
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Public Act 094-0291


 

Public Act 0291 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0291
 
HB1321 Enrolled LRB094 07971 MKM 38152 b

    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 changing
Sections 4 and 6.5 as follows:
 
    (15 ILCS 205/4)  (from Ch. 14, par. 4)
    Sec. 4. The duties of the Attorney General shall be--
    First - To appear for and represent the people of the State
before the supreme court in all cases in which the State or the
people of the State are interested. Notwithstanding this
provision, the Office of Public Counsel shall be authorized to
represent the interests of the people of the State in all
proceedings pertinent to utility regulation, including cases
before the supreme court, where any such case is properly
brought by the Office pursuant to its statutory duties and
powers.
    Second - To institute and prosecute all actions and
proceedings in favor of or for the use of the State, which may
be necessary in the execution of the duties of any State
officer.
    Third - To defend all actions and proceedings against any
State officer, in his official capacity, in any of the courts
of this State or the United States.
    Fourth - To consult with and advise the several State's
Attorneys in matters relating to the duties of their office;
and when, in his judgment, the interest of the people of the
State requires it, he shall attend the trial of any party
accused of crime, and assist in the prosecution. When the
Attorney General has requested in writing that a State's
Attorney initiate court proceedings to enforce any provisions
of the Election Code or to initiate a criminal prosecution with
respect to a violation of the Election Code, and when the
State's Attorney has declined in writing to initiate those
proceedings or prosecutions or when the State's Attorney has
neither initiated the proceedings or prosecutions nor
responded in writing to the Attorney General within 60 days of
the receipt of the request, the Attorney General may,
concurrently with or independently of the State's Attorney,
initiate such proceedings or prosecutions.
    Fifth - To investigate alleged violations of the statutes
which the Attorney General has a duty to enforce and to conduct
other investigations in connection with assisting in the
prosecution of a criminal offense at the request of a State's
Attorney.
    Sixth - To consult with and advise the governor and other
State officers, and give, when requested, written opinions upon
all legal or constitutional questions relating to the duties of
such officers respectively.
    Seventh - To prepare, when necessary, proper drafts for
contracts and other writings relating to subjects in which the
State is interested.
    Eighth - To give written opinions, when requested by either
branch of the general assembly, or any committee thereof, upon
constitutional or legal questions.
    Ninth - To enforce the proper application of funds
appropriated to the public institutions of the State, prosecute
breaches of trust in the administration of such funds, and,
when necessary, prosecute corporations for failure or refusal
to make the reports required by law.
    Tenth - To keep, a register of all cases prosecuted or
defended by him, in behalf of the State or its officers, and of
all proceedings had in relation thereto, and to deliver the
same to his successor in office.
    Eleventh - To keep on file in his office a copy of the
official opinions issued by the Attorney General and deliver
same to his successor.
    Twelfth - To pay into the State treasury all moneys
received by him for the use of the State.
    Thirteenth - To attend to and perform any other duty which
may, from time to time, be required of him by law.
    Fourteenth - To attend, present evidence to and prosecute
indictments returned by each Statewide Grand Jury.
(Source: P.A. 87-466.)
 
    (15 ILCS 205/6.5)
    Sec. 6.5. Consumer Utilities Unit.
    (a) The General Assembly finds that the health, welfare,
and prosperity of all Illinois citizens, and the public's
interest in adequate, safe, reliable, cost-effective electric,
natural gas, water, and telecommunications services, requires
effective public representation by the Attorney General to
protect the rights and interests of the public in the provision
of all elements of electric, natural gas, water, and
telecommunications service both during and after the
transition to a competitive market, and that to ensure that the
benefits of competition in the provision of both electric,
natural gas, water, and telecommunications services to all
consumers are attained, there shall be created within the
Office of the Attorney General a Consumer Utilities Unit.
    (b) As used in this Section: "Electric services" means
services sold by an electric service provider. "Electric
service provider" shall mean anyone who sells, contracts to
sell, or markets electric power, generation, distribution,
transmission, or services (including metering and billing) in
connection therewith. Electric service providers shall include
any electric utility and any alternative retail electric
supplier as defined in Section 16-102 of the Public Utilities
Act.
    (b-5) As used in this Section: "Telecommunications
services" means services sold by a telecommunications carrier,
as provided for in Section 13-203 of the Public Utilities Act.
"Telecommunications carrier" means anyone who sells, contracts
to sell, or markets telecommunications services, whether
noncompetitive or competitive, including access services,
interconnection services, or any services in connection
therewith. Telecommunications carriers include any carrier as
defined in Section 13-202 of the Public Utilities Act.
    (b-10) As used in this Section: "natural gas services"
means natural gas services sold by a "gas utility" or by an
"alternative gas supplier", as those terms are defined in
Section 19-105 of the Public Utilities Act.
    (b-15) As used in this Section: "water services" means
services sold by any corporation, company, limited liability
company, association, joint stock company or association,
firm, partnership, or individual, its lessees, trustees, or
receivers appointed by any court and that owns, controls,
operates, or manages within this State, directly or indirectly,
for public use, any plant, equipment, or property used or to be
used for or in connection with (i) the production, storage,
transmission, sale, delivery, or furnishing of water or (ii)
the treatment, storage, transmission, disposal, sale of
services, delivery, or furnishing of sewage or sewage services.
    (c) There is created within the Office of the Attorney
General a Consumer Utilities Unit, consisting of Assistant
Attorneys General appointed by the Attorney General, who,
together with such other staff as is deemed necessary by the
Attorney General, shall have the power and duty on behalf of
the people of the State to intervene in, initiate, enforce, and
defend all legal proceedings on matters relating to the
provision, marketing, and sale of electric, natural gas, water,
and telecommunications service whenever the Attorney General
determines that such action is necessary to promote or protect
the rights and interests interest of all Illinois citizens,
classes of customers, and users of electric, natural gas,
water, and telecommunications services.
    (d) In addition to the investigative and enforcement powers
available to the Attorney General, including without
limitation those under the Consumer Fraud and Deceptive
Business Practices Act, and the Illinois Antitrust Act, and any
other law of this State, the Attorney General shall be a party
as a matter of right to all proceedings, investigations, and
related matters involving the provision of electric, natural
gas, water, and telecommunications services and to those
proceedings, investigations, and related matters involving the
provision of telecommunications services before the Illinois
Commerce Commission, the courts, and other public bodies. Upon
request, the Office of the Attorney General shall and shall,
upon request, have access to and the use of all files, records,
data, and documents in the possession or control of the
Commission. The Office of the Attorney General may use
information obtained under this Section, including information
that is designated as and that qualifies for confidential
treatment, which information material the Attorney General's
office shall maintain as confidential, to be used for law
enforcement purposes only, which information material may be
shared with other law enforcement officials. Nothing in this
Section is intended to take away or limit any of the powers the
Attorney General has pursuant to common law or other statutory
law.
(Source: P.A. 92-22, eff. 6-30-01.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/21/2005