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.