CNTY-STATE'S ATTORNEY CONFLICT
Summary
Amends the Counties Code. Provides that, if a majority of the county board, by resolution, declares there to be a conflict of interest between the State's Attorney and the county board, the county board may, for civil matters involving the county board, notify the Attorney General, or hire outside legal counsel, to represent the county board while the conflict of interest remains. Amends the Attorney General Act. Provides that, when notified by a county board that the county board has declared a conflict of interest between the State's Attorney and the county board, the Attorney General, or his or her designee, shall appear for and represent the county board in civil matters involving the county board until such time that the county board notifies the Attorney General that the conflict of interest no longer remains. Effective immediately. Senate Committee Amendment No. 2 Deletes reference to: 15 ILCS 205/4f new Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: provides that the county board must petition the circuit court to authorize the hiring of outside legal counsel to represent the county board while the conflict of interest remains with the State's Attorney; and removes provisions allowing the Attorney General to represent the county board while the conflict of interest remains. Effective immediately. Senate Floor Amendment No. 3 Deletes reference to: 55 ILCS 5/5-1186 new Adds reference to: 55 ILCS 5/3-9008 from Ch. 34, par. 3-9008 Replaces everything after the enacting clause. Amends the Counties Code. The court on its own motion, or an interested person in a cause, proceeding, or other matter, civil or criminal, (rather than only in a cause or proceeding, civil or criminal) may file a petition alleging that the State's Attorney has an actual conflict of interest in the cause or proceeding. Makes conforming changes. House Floor Amendment No. 1 Changes "other matter" to "other matter arising under the State's Attorney's duties". Makes other conforming changes.
Bill status
signed
all 5 stages cleared
Introduction
May 2021
Committee Review
May 2021
Senate Passage
May 2021
House Passage
May 2021
Signed into Law
Aug 2021
Introduced May 7, 2021
Signed Aug 27, 2021
Floor votes · Senate May 6, 2021 · House May 29, 2021
How they voted
45–1
Passed
Total votes 46
May 6, 2021
D
Democratic29
100% Yea
R
Republican17
94% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
56
Key actions
14
Committee
18
Amendments
13
Aug 27, 2021
Signed into law
Governor Approved
upper
May 30, 2021
Upper · Passed
Passed Both Houses
upper
May 30, 2021
Introduced
House Floor Amendment No. 1 Senate Concurs 058-001-000
upper
May 30, 2021
Introduced
House Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary; 007-000-000
upper
May 30, 2021
Committee
House Floor Amendment No. 1 Motion to Concur Assignments Referred to Judiciary
upper
May 29, 2021
Committee
House Floor Amendment No. 1 Motion to Concur Referred to Assignments
upper
May 29, 2021
Introduced
Placed on Calendar Order of Concurrence House Amendment(s) 1 - May 30, 2021
upper
May 29, 2021
Introduced
Secretary's Desk - Concurrence House Amendment(s) 1
upper
May 29, 2021
Lower · Passed
Third Reading - Short Debate - Passed 103-006-000
lower
May 29, 2021
Lower · Passed
House Floor Amendment No. 1 Adopted
lower
May 29, 2021
Lower · Passed
House Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 004-000-000
lower
May 27, 2021
Committee
House Floor Amendment No. 1 Referred to Rules Committee
lower
May 27, 2021
Introduced
House Floor Amendment No. 1 Filed with Clerk by Rep. Dan Caulkins
lower
May 20, 2021
Lower · Passed
Do Pass / Short Debate Counties & Townships Committee; 008-002-000
lower
May 13, 2021
Lower · Passed
Committee/Final Action Deadline Extended-9(b) May 28, 2021
lower
May 13, 2021
Committee
Assigned to Counties & Townships Committee
lower
May 11, 2021
Committee
Referred to Rules Committee
lower
May 7, 2021
Introduced
Arrived in House
lower
May 6, 2021
Upper · Passed
Third Reading - Passed; 058-001-000
upper
Apr 29, 2021
Upper · Passed
Senate Floor Amendment No. 3 Adopted; Rose
upper
Apr 28, 2021
Introduced
Senate Floor Amendment No. 3 Recommend Do Adopt Judiciary; 006-000-000
upper
Apr 27, 2021
Introduced
Senate Floor Amendment No. 3 Assignments Refers to Judiciary
upper
Apr 22, 2021
Committee
Senate Floor Amendment No. 3 Referred to Assignments
upper
Apr 22, 2021
Introduced
Senate Floor Amendment No. 3 Filed with Secretary by Sen. Chapin Rose
upper
Apr 16, 2021
Committee
Senate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments
upper
Apr 14, 2021
Upper · Passed
Do Pass as Amended Judiciary; 008-000-000
upper
Apr 13, 2021
Upper · Passed
Senate Committee Amendment No. 2 Adopted
upper
Apr 13, 2021
Upper · Passed
Senate Committee Amendment No. 1 Postponed - Judiciary
upper
Apr 13, 2021
Upper · Passed
Senate Committee Amendment No. 2 Assignments Refers to Judiciary
upper
Apr 13, 2021
Upper · Passed
Senate Committee Amendment No. 1 Assignments Refers to Judiciary
upper
Apr 12, 2021
Committee
Senate Committee Amendment No. 2 Referred to Assignments
upper
Apr 12, 2021
Introduced
Senate Committee Amendment No. 2 Filed with Secretary by Sen. Chapin Rose
upper
Apr 7, 2021
Committee
Senate Committee Amendment No. 1 Referred to Assignments
upper
Apr 7, 2021
Introduced
Senate Committee Amendment No. 1 Filed with Secretary by Sen. Chapin Rose
upper
Mar 23, 2021
Committee
Assigned to Judiciary
upper
Feb 26, 2021
Committee
Referred to Assignments
upper
2 primary · 1 co-sponsor
Sponsors
Role
Legislator
Party
State
District
P
Chapin Rose
RRepublican
P
Dan Caulkins
RRepublican
Co
Sally Turner
RRepublican
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