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PRINTER'S NO. 1298
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1104
Session of
2017
INTRODUCED BY DUSH AND GODSHALL, APRIL 7, 2017
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 7, 2017
AN ACT
Amending the act of October 15, 1980 (P.L.950, No.164), entitled
"A supplement to the act of April 9, 1929 (P.L.177, No.175),
entitled 'An act providing for and reorganizing the conduct
of the executive and administrative work of the Commonwealth
by the Executive Department thereof and the administrative
departments, boards, commissions, and officers thereof,
including the boards of trustees of State Normal Schools, or
Teachers Colleges; abolishing, creating, reorganizing or
authorizing the reorganization of certain administrative
departments, boards, and commissions; defining the powers and
duties of the Governor and other executive and administrative
officers, and of the several administrative departments,
boards, commissions, and officers; fixing the salaries of the
Governor, Lieutenant Governor, and certain other executive
and administrative officers; providing for the appointment of
certain administrative officers, and of all deputies and
other assistants and employes in certain departments, boards,
and commissions; and prescribing the manner in which the
number and compensation of the deputies and all other
assistants and employes of certain departments, boards and
commissions shall be determined,' implementing the addition
of section 4.1 to Article IV of the Constitution of
Pennsylvania; establishing the Office of Attorney General
elected by the citizens and setting forth powers and duties
of the Attorney General; creating an Office of General
Counsel and providing for legal services for Commonwealth
agencies; transferring, reorganizing or reconstituting
certain boards, commissions and agencies; placing certain
duties upon the courts and district attorneys; repealing
certain acts and parts of acts and making appropriations," in
Office of Attorney General, further providing for legal
advice and civil matters.
The General Assembly of the Commonwealth of Pennsylvania
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hereby enacts as follows:
Section 1. Section 204(c) of the act of October 15, 1980
(P.L.950, No.164), known as the Commonwealth Attorneys Act, is
amended to read:
Section 204. Legal advice and civil matters.
* * *
(c) Civil litigation; collection of debts.--
(1) The Attorney General shall represent the
Commonwealth and all Commonwealth agencies and upon request,
the Departments of Auditor General and State Treasury and the
Public Utility Commission in any action brought by or against
the Commonwealth or its agencies, and may intervene in any
other action, including those involving charitable bequests
and trusts or the constitutionality of any statute. The
Attorney General shall represent the Commonwealth and its
citizens in any action brought for violation of the antitrust
laws of the United States and the Commonwealth.
(2) The Attorney General shall collect, by suit or
otherwise, all debts, taxes and accounts due the Commonwealth
which shall be referred to and placed with the Attorney
General for collection by any Commonwealth agency; the
Attorney General shall keep a proper docket or dockets, duly
indexed, of all such claims, showing whether they are in
litigation and their nature and condition.
(3) The Attorney General may, upon determining that it
is more efficient or otherwise is in the best interest of the
Commonwealth, authorize the General Counsel or the counsel
for an independent agency to initiate, conduct or defend any
particular litigation or category of litigation in his stead.
(4) The Attorney General shall approve all settlements
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over such maximum amounts as he shall determine arising out
of claims brought against the Commonwealth pursuant to 42
Pa.C.S. ยง 5110.
(5) In carrying out the powers and duties under this
subsection, the Attorney General may not enter into a
contingency fee agreement with a private attorney for
representation of the Commonwealth, a Commonwealth agency or
the Office of Attorney General in any civil action or
litigation.
* * *
Section 2. This act shall take effect in 60 days.
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