(15 ILCS 205/0.01) (from Ch. 14, par. 0.01)
Sec. 0.01.
Short title.
This Act may be cited as the
Attorney General Act.
(Source: P.A. 86-1324.)
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(15 ILCS 205/1) (from Ch. 14, par. 1)
Sec. 1.
Before entering upon the respective duties of his office, the
attorney general shall be commissioned by the governor, and shall take the
following oath or affirmation:
I do solemnly swear (or affirm, as the case may be), that I will support
the constitution of the United States and the constitution of the state of
Illinois, and that I will faithfully discharge the duties of the office of
attorney general, according to
the best of my ability.
And shall also execute a bond, to the People of the State of Illinois,
with good and sufficient securities in the penal sum of $10,000, to be
approved by the governor, and then filed in the office of the Secretary of
State. The bond shall be conditioned upon the faithful discharge of the
duties of the office, and the paying over all moneys as provided by law,
which bond shall run to and be for the benefit of the state, county,
corporation or person injured by a breach of any of the conditions thereof.
(Source: P.A. 86-962.)
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(15 ILCS 205/2) (from Ch. 14, par. 2)
Sec. 2.
(Repealed).
(Source: P.A. 90-372, eff. 7-1-98. Repealed internally, eff. 7-1-98.)
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(15 ILCS 205/3) (from Ch. 14, par. 3)
Sec. 3.
If any person elected to the office of attorney general shall
fail to give bond, or take the oath required of him, within
20 days after he is declared elected, the office shall be deemed
vacant, and if, being required to give additional bond, as provided in
section two hereof, he fails to do so within 20 days after notice of
such requirements, his office may, in the discretion of the governor, be
declared vacant and filled as provided by law.
(Source: P.A. 86-962.)
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(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.
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. The Attorney General may investigate and prosecute any violation of the Election Code at the request of the State Board of Elections or a State's Attorney.
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.
Fifteenth - To give written binding and advisory public access opinions as provided in Section 7 of this Act. (Source: P.A. 95-699, eff. 11-9-07; 96-542, eff. 1-1-10.)
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(15 ILCS 205/4a) (from Ch. 14, par. 4a) Sec. 4a. Attorneys and investigators appointed by the attorney general, and on his payroll, when authorized by the attorney general or his designee, may expend such sums as the attorney general or his designee deems necessary for any one or more of the following: the purchase of items for evidence; the advancement of fees in cases before United States courts or other State courts; the payment of expert witness expenses and witness fees, including expert witness fees; or subpoena fees. Funds for making expenditures authorized in this Section shall be advanced from funds appropriated or made available by law for the support or use of the office of attorney general or vouchers therefor signed by the attorney general or his designee. Sums so advanced may be paid to the attorney or investigator authorized to receive the advancement, or may be made payable to the ultimate recipient. Any expenditures under this Section shall be audited by the auditor general as part of any mandated audit conducted in compliance with Section 3-2 of the Illinois State Auditing Act.(Source: P.A. 103-588, eff. 6-5-24.) |
(15 ILCS 205/4b) (from Ch. 14, par. 4b)
Sec. 4b.
Before the filing of the first pleading in federal district court
in any civil action brought by the Attorney General in the name of the State
as parens patriae on behalf of the natural persons residing in this State,
as authorized by Section 4c of the Clayton Act, 15 U.S.C.A 15c, the Attorney
General shall file with the Auditor General a statement disclosing the fee
arrangements applicable to the attorneys' fees in relation to that civil action.
(Source: P.A. 80-828.)
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(15 ILCS 205/4c) (from Ch. 14, par. 4c)
Sec. 4c.
(a) Subject to the qualifications set forth below,
investigators
employed by the Attorney General shall be peace officers and shall have
all the powers possessed by policemen
in cities and by sheriffs;
provided, that Attorney General's investigators may exercise such
powers anywhere in the State in cooperation with
and after contact with the local law enforcement
officials.
No investigator employed by the Attorney General shall have peace officer
status or exercise police powers unless he or she successfully completes the
basic police training course mandated and approved by the Illinois Law
Enforcement Training Standards Board or such board waives
the training requirement by reason of the investigator's prior law
enforcement experience or training or both.
The board shall not waive the training requirement unless the
investigator has had a minimum of 5 years experience as a sworn officer of
a local, state or federal law enforcement agency, 2 of which shall have
been in an investigatory capacity.
(b) The Attorney General must authorize to each investigator employed
under
this
Section and to any other employee exercising the powers of peace officers a
distinct
badge that, on its face, (i) clearly states that it is authorized by the Office
of
the Attorney
General and (ii)
contains a unique identifying number. No other badge shall be authorized by
the Office of the Attorney General.
(Source: P.A. 90-540, eff. 12-1-97; 91-883, eff. 1-1-01.)
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(15 ILCS 205/4d)
Sec. 4d.
Locating support obligor.
The Attorney General may request and receive from
employers, labor unions, telephone companies, and utility companies
location information concerning putative fathers and noncustodial parents for
the purpose of establishing a child's paternity or establishing, enforcing, or
modifying a child support obligation. In this Section, "location information"
means information about (i) the physical whereabouts of a putative father or
noncustodial parent, (ii) the putative father or
noncustodial parent's employer, or (iii) the salary, wages, and other
compensation paid and the health insurance coverage provided to the putative
father or noncustodial parent by the employer of the putative father or
noncustodial parent
or by a labor union of which the putative father or noncustodial parent is a
member.
(Source: P.A. 89-395, eff. 1-1-96.)
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(15 ILCS 205/4e)
Sec. 4e.
(Repealed).
(Source: P.A. 92-19, eff. 6-30-01. Repealed internally, eff. 7-1-02.)
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(15 ILCS 205/6) (from Ch. 14, par. 6)
Sec. 6.
Whenever the attorney general is sick or
absent, or unable to attend, or is interested in any cause or
proceeding, civil or criminal, which it is or may be his duty to
prosecute or defend, the court in which said cause or proceeding is
pending may appoint some competent attorney to prosecute or defend such
cause or proceeding, and the attorney so appointed shall have the same
power and authority in relation to such cause or proceeding as the
attorney general would have had if present and
attending to the same.
(Source: P.A. 86-962.)
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(15 ILCS 205/6.3) Sec. 6.3. Worker Protection Unit. (a) The General Assembly finds that the welfare and prosperity of all Illinois citizens and businesses requires the establishment of a Unit within the Attorney General's Office dedicated to combatting businesses that underpay their employees, force their employees to work in unsafe conditions, and gain an unfair economic advantage by avoiding their tax and labor responsibilities. The Worker Protection Unit shall be focused on protecting the State's workforce to ensure workers are paid properly, guarantee safe workplaces, and allow law-abiding business owners to thrive through healthy and fair competition. Businesses that violate the State's worker protection laws put a greater burden on taxpayers by hurting the State's ability to provide critical services; compliant businesses cannot compete against those who gain an unfair advantage by evading their responsibilities. (b) There is created within the Office of the Attorney General a Worker Protection Unit, consisting of Assistant Attorneys General appointed by the Attorney General, who, together with other staff as deemed necessary by the Attorney General, shall have the power and duty on behalf of persons within this State, to intervene in, initiate, and enforce all legal proceedings on matters related to the payment of wages, the safety of the workplace, and fair employment practices, including, without limitation, the provisions of the Prevailing Wage Act, the Employee Classification Act, the Minimum Wage Law, the Day and Temporary Labor Services Act, or the Wage Payment and Collection Act, whenever the Attorney General determines that such action is necessary to protect the rights and interests of Illinois workers and Illinois businesses. (c) Prior to initiating an action, the Attorney General shall conduct an investigation and may: (1) require an individual or entity to file a statement or report in writing under oath or otherwise, as to all information the Attorney General may consider necessary; (2) examine under oath any person alleged to have participated in or with knowledge of the alleged violation; or (3) issue subpoenas or conduct hearings in aid of any investigation. (d) In an action brought under this Section, the Attorney General may obtain, as a remedy, monetary damages to the State, restitution, and equitable relief, including any permanent or preliminary injunction, temporary restraining order, or other order, including an order enjoining the defendant from engaging in a violation, or order any action as may be appropriate. In addition, the Attorney General may request and the court may impose a civil penalty against any person or entity found by the court to have violated the Prevailing Wage Act, the Employee Classification Act, the Minimum Wage Law, the Day and Temporary Labor Services Act, the Wage Payment and Collection Act, or any other law related to the payment of wages, the safety of the workplace, or fair employment practices, in a sum not to exceed the maximum amount of any civil penalty prescribed by law. Neither the State nor an aggrieved individual may recover monetary relief, including civil penalties, in more than one proceeding related to the same violation. (e) Upon the Attorney General's request, the Illinois Department of Labor shall provide any materials or documents already in the Department's possession pertaining to the enforcement of this Section. 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 the Attorney General's Office shall maintain as confidential, for law enforcement purposes only, which information may be shared with other law enforcement officials. Nothing in this Section is intended to take away or limit any powers of the Attorney General under common law or other statutory law.
(Source: P.A. 101-527, eff. 1-1-20.) |
(15 ILCS 205/6.4) Sec. 6.4. (Repealed).
(Source: P.A. 101-527, eff. 1-1-20. Repealed internally, eff. 12-1-21.) |
(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,
cable, video, 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, cable, video, 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 electric, natural gas, water, cable, video, 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.
(b-20) As used in this Section, "cable service and video service" means services sold by anyone who sells, contracts to sell, or markets cable services or video services pursuant to a State-issued authorization under the Cable and Video Competition Law of 2007.
(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, cable, video,
and telecommunications service whenever the
Attorney
General determines that such action is necessary to promote or
protect the rights and interests of all Illinois citizens,
classes of customers, and users of electric, natural gas, water, cable, video, 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, 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, cable, video, and telecommunications services
before the Illinois Commerce
Commission, the courts, and other public bodies. Upon request, the Office of the Attorney General shall 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 the Attorney General's office shall maintain as confidential, to be used for law enforcement
purposes only, which information 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. 99-6, eff. 6-29-15.)
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(15 ILCS 205/6.6)
Sec. 6.6.
Immigrant Assistance Program.
(a) Purpose and policy. The immigrant population of the State of Illinois
constitutes a significant portion of the population of the State. These
immigrants often require assistance in order to obtain the government services
to which they are entitled under the law. It is imperative that State
government is aware of the needs of the State's immigrant community and
sensitive to the barriers that may prevent them from seeking and obtaining
services. The Office of the Attorney General should be equipped to assist
immigrants by increasing accessibility to the Office and providing outreach
services to the community, which will serve to educate immigrants as to their
rights and responsibilities as residents of the State.
(b) Immigrant Assistance Program. Within the Office of the Attorney General,
there shall be established an
Immigrant Assistance Program, which shall be charged with the responsibility of
assessing the needs of the State's immigrant community with regard to access to
government and other services. In addition, the Immigrant Assistance Program
shall be empowered to provide education and outreach services to the immigrant
community of the State, subject to funding availability. These services may
include, but are not limited to, consumer issues, civil rights issues, employee
rights, and other issues of particular interest to the immigrant communities in
the State.
(Source: P.A. 93-464, eff. 8-8-03.)
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(15 ILCS 205/7) Sec. 7. Public Access Counselor. (a) The General Assembly finds that members of the public have encountered obstacles in obtaining copies of public records from units of government, and that many of those obstacles result from difficulties that both members of the public and public bodies have had in interpreting and applying the Freedom of Information Act. The General Assembly further finds that members of the public have encountered difficulties in resolving alleged violations of the Open Meetings Act. The public's significant interest in access to public records and in open meetings would be better served if there were a central office available to provide advice and education with respect to the interpretation and implementation of the Freedom of Information Act and the Open Meetings Act. (b) Therefore, there is created in the Office of the Attorney General the Office of Public Access Counselor. The Attorney General shall appoint a Public Access Counselor, who shall be an attorney licensed to practice in Illinois. The Public Access Counselor's Office shall be comprised of the Public Access Counselor and such assistant attorneys general and other staff as are deemed necessary by the Attorney General. (c) Through the Public Access Counselor, the Attorney General shall have the power: (1) to establish and administer a program to provide | ||
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(2) to prepare and distribute interpretive or | ||
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(3) to resolve disputes involving a potential | ||
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(4) to issue advisory opinions with respect to the | ||
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(5) to respond to informal inquiries made by the | ||
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(6) to conduct research on compliance issues; (7) to make recommendations to the General Assembly | ||
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(8) to develop and make available on the Attorney | ||
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(9) to develop and make available on the Attorney | ||
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(10) to prepare and distribute to public bodies model | ||
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(11) to promulgate rules to implement these powers. (d) To accomplish the objectives and to carry out the duties prescribed by this Section, the Public Access Counselor, in addition to other powers conferred upon him or her by this Section, may request that subpoenas be issued by the Attorney General in accordance with the provisions of Section 9.5 of the Freedom of Information Act and Section 3.5 of the Open Meetings Act. Service by the Attorney General of any subpoena upon any person shall be made: (1) personally by delivery of a duly executed copy | ||
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(2) by mailing by certified mail a duly executed copy | ||
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(e) If any person or public body fails or refuses to obey any subpoena issued pursuant to this Section, the Attorney General may file a complaint in the circuit court to: (1) obtain compliance with the subpoena; (2) obtain injunctive relief to prevent a violation | ||
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(3) obtain such other relief as may be required. (f) The Attorney General has the authority to file an action in the circuit court of Cook or Sangamon County for injunctive or other relief to compel compliance with a binding opinion issued pursuant to Section 3.5 of the Open Meetings Act or Section 9.5 of the Freedom of Information Act, to prevent a violation of the Open Meetings Act or the Freedom of Information Act, and for such other relief as may be required. (g) The Attorney General shall post his or her binding opinions issued pursuant to Section 3.5 of the Open Meetings Act or Section 9.5 of the Freedom of Information Act and any rules on the official website of the Office of the Attorney General, with links to those opinions from the official home page, and shall make them available for immediate inspection in his or her office.
(Source: P.A. 96-542, eff. 1-1-10; 96-1000, eff. 7-2-10.) |
(15 ILCS 205/8) Sec. 8. Multistate Registration and Filing Portal. The Attorney General may become a member of the Multistate Registration and Filing Portal, Inc. For purposes of this Section, "Multistate Registration and Filing Portal, Inc." means an independent tax-exempt nonprofit corporation formed to develop and operate a multistate online system that will allow nonprofit organizations and their professional fundraisers to comply with all states' charity registration and annual filing requirements through a single online portal without duplication of data entry.
(Source: P.A. 100-289, eff. 8-24-17.) |
(15 ILCS 205/9) Sec. 9. Contract aspirational goals. The Attorney General shall establish aspirational goals for contract awards for all contracts for goods and services, not including contracts for services relating to investigations or litigation. These aspirational goals shall be substantially in accordance with the Business Enterprise for Minorities, Women, and Persons with Disabilities Act, unless otherwise governed by other law. The Attorney General shall not be subject to the jurisdiction of the Business Enterprise Council established under the Business Enterprise for Minorities, Women, and Persons with Disabilities Act with regard to steps taken to achieve aspirational goals. The Attorney General shall annually post information regarding the Office's utilization of businesses owned by minorities, women, and persons with disabilities during the preceding fiscal year on the Office's Internet websites.
(Source: P.A. 100-801, eff. 8-10-18.) |
(15 ILCS 205/10) Sec. 10. Executive officers. (a) As used in this Section: (1) "Governmental authority" means any local | ||
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(2) "Officer" means any probationary law enforcement | ||
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(b) No governmental authority, or agent of a governmental authority, or person acting on behalf of a governmental authority, shall engage in a pattern or practice of conduct by officers that deprives any person of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States or by the Constitution or laws of Illinois. (c) Whenever the Illinois Attorney General has reasonable cause to believe that a violation of subsection (b) has occurred, the Illinois Attorney General may commence a civil action in the name of the People of the State to obtain appropriate equitable and declaratory relief to eliminate the pattern or practice. Venue for this civil action shall be Sangamon County or Cook County. Such actions shall be commenced no later than 5 years after the occurrence or the termination of an alleged violation, whichever occurs last. (d) Prior to initiating a civil action, the Attorney General may conduct a preliminary investigation to determine whether there is reasonable cause to believe that a violation of subsection (b) has occurred. In conducting this investigation, the Attorney General may: (1) require the individual or entity to file a | ||
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(2) examine under oath any person alleged to have | ||
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(3) issue subpoenas or conduct hearings in aid of any | ||
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(e) Service by the Attorney General of any notice requiring a person to file a statement or report, or of a subpoena upon any person, shall be made: (1) personally by delivery of a duly executed copy | ||
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(2) by mailing by certified mail a duly executed copy | ||
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(3) The Attorney General may compel compliance with | ||
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(f)(1) In any civil action brought pursuant to subsection (c) of this Section, the Attorney General may obtain as a remedy equitable and declaratory relief (including any permanent or preliminary injunction, temporary restraining order, or other order, including an order enjoining the defendant from engaging in such violation or ordering any action as may be appropriate). In addition, the Attorney General may request and the Court may impose a civil penalty to vindicate the public interest in an amount not exceeding $25,000 per violation, or if the defendant has been adjudged to have committed one other civil rights violation under this Section within 5 years of the occurrence of the violation that is the basis of the complaint, in an amount not exceeding $50,000. (2) A civil penalty imposed under this subsection shall be deposited into the Attorney General Court Ordered and Voluntary Compliance Payment Projects Fund, which is a special fund in the State Treasury. Moneys in the Fund shall be used, subject to appropriation, for the performance of any function pertaining to the exercise of the duties of the Attorney General including but not limited to enforcement of any law of this State and conducting public education programs; however, any moneys in the Fund that are required by the court or by an agreement to be used for a particular purpose shall be used for that purpose.
(Source: P.A. 101-652, eff. 7-1-21.) |