Full Text of SB0267 96th General Assembly
SB0267ham001 96TH GENERAL ASSEMBLY
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State Government Administration Committee
Filed: 10/14/2009
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LRB096 04158 AJO 29985 a |
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| AMENDMENT TO SENATE BILL 267
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| AMENDMENT NO. ______. Amend Senate Bill 267 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Public Contract Fraud Act is amended by | 5 |
| changing Section 2 as follows: | 6 |
| (30 ILCS 545/2) (from Ch. 127, par. 132.52) | 7 |
| Sec. 2. Spending money without obtaining title to land; | 8 |
| approval of title
by Attorney General. | 9 |
| (a) Except as otherwise provided in Section 2 of the | 10 |
| Superconducting Super
Collider Act or for projects constructed | 11 |
| under the Bikeway Act or for the development of the South | 12 |
| Suburban Airport , any person or
persons, commissioner or | 13 |
| commissioners, or other officer or officers, entrusted
with the | 14 |
| construction or repair of any public work or improvement, as | 15 |
| set forth
in Section 1, who shall expend or cause to be
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| expended upon such public work or improvement, the whole or any |
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| part of the
moneys appropriated therefor, or who shall commence | 2 |
| work, or in any way
authorize work to be commenced, thereon, | 3 |
| without first having obtained a
title, by purchase, donation, | 4 |
| condemnation or otherwise, to all lands
needed for such public | 5 |
| work or improvement, running to the People of the
State of | 6 |
| Illinois; such title to be approved by the Attorney General, | 7 |
| and
his approval certified by the Secretary of State and placed | 8 |
| on record in
his office, shall be deemed guilty of a Class A | 9 |
| misdemeanor. | 10 |
| (b) Approval of title by the Attorney General for all lands | 11 |
| needed for
a public work or improvement shall not be required | 12 |
| as established under
subsection (a) of this Section and the | 13 |
| State Comptroller may draw warrant
in payment of consideration | 14 |
| for all such lands without requiring approval
of title by the | 15 |
| Attorney General if consideration to be paid does not
exceed | 16 |
| $10,000 and the title acquired for such lands is for: | 17 |
| (1) a fee simple title or easement acquired by the | 18 |
| State for highway
right-of-way; or | 19 |
| (2) an acquisition of rights or easements of access, | 20 |
| crossing, light,
air or view to, from or over a freeway | 21 |
| vested in abutting property; or | 22 |
| (3) a fee simple title or easement used to place | 23 |
| utility lines and
connect a permanent public work or | 24 |
| improvement owned by the State to main
utility lines; or | 25 |
| (4) for the purpose of flood relief or other water | 26 |
| resource projects. |
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| (c) This Section does not apply to any otherwise lawful | 2 |
| expenditures
for the construction, completion, remodeling, | 3 |
| maintenance and equipment of
buildings and other facilities | 4 |
| made in connection with and upon premises
owned by the Illinois | 5 |
| Building Authority, nor shall this Section apply
to | 6 |
| improvements to real estate leased by any State agency as | 7 |
| defined in
the Illinois State Auditing Act,
provided the | 8 |
| leasehold improvements were contracted for by an agency with
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| leasing authority and in compliance with the rules and | 10 |
| regulations promulgated
by such agency for that purpose. | 11 |
| For purposes of this Section, “South Suburban Airport” | 12 |
| means the airport to be developed on a site located in Will | 13 |
| County and approved by the Federal Aviation Administration in | 14 |
| the Record of Decision for Tier 1: FAA Site Approval and Land | 15 |
| Acquisition by the State of Illinois, Proposed South Suburban | 16 |
| Airport, Will County, Illinois, dated July 2002. | 17 |
| (Source: P.A. 88-676, eff. 12-14-94; 89-78, eff. 6-30-95.) | 18 |
| Section 10. The Illinois Aeronautics Act is amended by | 19 |
| changing Section 74.5 as follows: | 20 |
| (620 ILCS 5/74.5) | 21 |
| Sec. 74.5. Eminent domain. Notwithstanding any other | 22 |
| provision of this Act, any power granted under this Act to | 23 |
| acquire property by condemnation or eminent domain is subject | 24 |
| to, and shall be exercised in accordance with, the Eminent |
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| Domain Act. However, with respect to any condemnation or | 2 |
| eminent domain action filed by the Department on or after | 3 |
| August 27, 2009 to acquire property for the South Suburban | 4 |
| Airport and for which the court enters a final judgment prior | 5 |
| to the date on which the Federal Aviation Administration | 6 |
| renders its final decision on the South Suburban Airport’s | 7 |
| airport layout plan, just compensation amounts due the | 8 |
| condemnee shall be held in escrow and the Department shall not | 9 |
| record the judgment. The escrow agent shall be selected upon | 10 |
| the mutual agreement of the Department and the condemnee or, if | 11 |
| they cannot agree within 30 days, upon the appointment of the | 12 |
| court. At the condemnee's election or in the event the Federal | 13 |
| Aviation Administration approves the South Suburban Airport's | 14 |
| airport layout plan, just compensation amounts shall be | 15 |
| released from escrow and delivered to the condemnee and the | 16 |
| Department may record the judgment. In the event the Federal | 17 |
| Aviation Administration does not approve the South Suburban | 18 |
| Airport's airport layout plan, just compensation amounts shall | 19 |
| be released from escrow and returned to the Department and the | 20 |
| Department shall, in no event, record the judgment. For | 21 |
| purposes of this Section, “South Suburban Airport” means the | 22 |
| airport to be developed on a site located in Will County and | 23 |
| approved by the Federal Aviation Administration in the Record | 24 |
| of Decision for Tier 1: FAA Site Approval and Land Acquisition | 25 |
| by the State of Illinois, Proposed South Suburban Airport, Will | 26 |
| County, Illinois, dated July 2002. |
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| (Source: P.A. 94-1055, eff. 1-1-07.)
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| Section 99. Effective date. This Act takes effect upon | 3 |
| becoming law.".
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