State of Illinois
Public Acts
92^nd General Assembly

Public Act 92-0019

HB1623 Enrolled                                LRB9204442REsb

    AN ACT in relation to the Attorney General.

    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 Section 4e as follows:

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is repealed on July 1, 2002 2001.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

    Section 99.  Effective date.  This Act  takes  effect  on
June 30, 2001.
    Passed in the General Assembly May 23, 2001.
    Approved June 28, 2001.