101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4056

 

Introduced 1/13/2020, by Rep. Michael Halpin

 

SYNOPSIS AS INTRODUCED:
 
15 ILCS 205/4  from Ch. 14, par. 4
55 ILCS 5/5-1186 new

    Amends the Counties Code. Provides that the chairperson of the county board or the president or chairperson of the board of county commissioners may ask the State's Attorney to request a written opinion from the Attorney General relating to the official duties of the county board or board of county commissioners and the Attorney General may, when appropriate, furnish a written opinion in response to the request from the State's Attorney. Allows the president or chairperson, after approval of a majority of members on the county board or board of county commissioners, to request a written opinion directly from the Attorney General if the State's Attorney has not requested a written opinion within 30 days after a president's or chairperson's request to the State's Attorney. Amends the Attorney General Act making conforming changes. Effective immediately.


LRB101 14530 AWJ 63428 b

 

 

A BILL FOR

 

HB4056LRB101 14530 AWJ 63428 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Attorney General Act is amended by changing
5Section 4 as follows:
 
6    (15 ILCS 205/4)  (from Ch. 14, par. 4)
7    Sec. 4. The duties of the Attorney General shall be--
8    First - To appear for and represent the people of the State
9before the supreme court in all cases in which the State or the
10people of the State are interested.
11    Second - To institute and prosecute all actions and
12proceedings in favor of or for the use of the State, which may
13be necessary in the execution of the duties of any State
14officer.
15    Third - To defend all actions and proceedings against any
16State officer, in his official capacity, in any of the courts
17of this State or the United States.
18    Fourth - To consult with and advise the several State's
19Attorneys in matters relating to the duties of their office;
20and when, in his judgment, the interest of the people of the
21State requires it, he shall attend the trial of any party
22accused of crime, and assist in the prosecution. When the
23Attorney General has requested in writing that a State's

 

 

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1Attorney initiate court proceedings to enforce any provisions
2of the Election Code or to initiate a criminal prosecution with
3respect to a violation of the Election Code, and when the
4State's Attorney has declined in writing to initiate those
5proceedings or prosecutions or when the State's Attorney has
6neither initiated the proceedings or prosecutions nor
7responded in writing to the Attorney General within 60 days of
8the receipt of the request, the Attorney General may,
9concurrently with or independently of the State's Attorney,
10initiate such proceedings or prosecutions. The Attorney
11General may investigate and prosecute any violation of the
12Election Code at the request of the State Board of Elections or
13a State's Attorney.
14    Fifth - To investigate alleged violations of the statutes
15which the Attorney General has a duty to enforce and to conduct
16other investigations in connection with assisting in the
17prosecution of a criminal offense at the request of a State's
18Attorney.
19    Sixth - To consult with and advise the governor and other
20State officers, and give, when requested, written opinions upon
21all legal or constitutional questions relating to the duties of
22such officers respectively.
23    Seventh - To prepare, when necessary, proper drafts for
24contracts and other writings relating to subjects in which the
25State is interested.
26    Eighth - To give written opinions, when requested by either

 

 

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1branch of the general assembly, or any committee thereof, upon
2constitutional or legal questions.
3    Ninth - To enforce the proper application of funds
4appropriated to the public institutions of the State, prosecute
5breaches of trust in the administration of such funds, and,
6when necessary, prosecute corporations for failure or refusal
7to make the reports required by law.
8    Tenth - To keep, a register of all cases prosecuted or
9defended by him, in behalf of the State or its officers, and of
10all proceedings had in relation thereto, and to deliver the
11same to his successor in office.
12    Eleventh - To keep on file in his office a copy of the
13official opinions issued by the Attorney General and deliver
14same to his successor.
15    Twelfth - To pay into the State treasury all moneys
16received by him for the use of the State.
17    Thirteenth - To attend to and perform any other duty which
18may, from time to time, be required of him by law.
19    Fourteenth - To attend, present evidence to and prosecute
20indictments returned by each Statewide Grand Jury.
21    Fifteenth - To give written binding and advisory public
22access opinions as provided in Section 7 of this Act.
23    Sixteenth – To give written opinions as provided in Section
245-1186 of the Counties Code.
25(Source: P.A. 95-699, eff. 11-9-07; 96-542, eff. 1-1-10.)
 

 

 

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1    Section 10. The Counties Code is amended by adding Section
25-1186 as follows:
 
3    (55 ILCS 5/5-1186 new)
4    Sec. 5-1186. Request for Attorney General opinion.
5    (a) The chairperson of the county board or the president or
6chairperson of the board of county commissioners may ask the
7State's Attorney of the county to request a written opinion
8from the Attorney General relating to the official duties of
9the county board or board of county commissioners and the
10Attorney General may, when appropriate, furnish a written
11opinion in response to the request from the State's Attorney.
12    (b) If the State's Attorney has not requested an opinion
13from the Attorney General within 30 days after receiving a
14request to do so under subsection (a), the chairperson of the
15county board or the president or chairperson of the board of
16county commissioners may, after approval of a majority of
17members on the county board or board of county commissioners,
18request a written opinion from the Attorney General relating to
19the official duties of the county board or board of county
20commissioners and the Attorney General may, when appropriate,
21furnish a written opinion in response to the request from the
22president or chairperson.
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.