Full Text of HB3419 101st General Assembly
HB3419 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB3419 Introduced , by Rep. Luis Arroyo SYNOPSIS AS INTRODUCED: |
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30 ILCS 545/2 | from Ch. 127, par. 132.52 |
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Amends the Public Contract Fraud Act. Provides that the State Comptroller may draw a warrant
in payment of consideration for all lands needed for
a public work or improvement without requiring approval
of title by the Attorney General if consideration to be paid does not
exceed $1,500,000 (currently, $10,000) and the title acquired for such lands is for specified purposes.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning finance.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | 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, any person or
persons, commissioner or | 12 | | commissioners, or other officer or officers, entrusted
with the | 13 | | construction or repair of any public work or improvement, as | 14 | | set forth
in Section 1, who shall expend or cause to be
| 15 | | expended upon such public work or improvement, the whole or any | 16 | | part of the
moneys appropriated therefor, or who shall commence | 17 | | work, or in any way
authorize work to be commenced, thereon, | 18 | | without first having obtained a
title, by purchase, donation, | 19 | | condemnation or otherwise, to all lands
needed for such public | 20 | | work or improvement, running to the People of the
State of | 21 | | Illinois; such title to be approved by the Attorney General, | 22 | | and
his approval certified by the Secretary of State and placed | 23 | | on record in
his office, shall be deemed guilty of a Class A |
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| 1 | | misdemeanor.
| 2 | | (b) Approval of title by the Attorney General for all lands | 3 | | needed for
a public work or improvement shall not be required | 4 | | as established under
subsection (a) of this Section and the | 5 | | State Comptroller may draw warrant
in payment of consideration | 6 | | for all such lands without requiring approval
of title by the | 7 | | Attorney General if consideration to be paid does not
exceed | 8 | | $1,500,000 $10,000 and the title acquired for such lands is | 9 | | for:
| 10 | | (1) a fee simple title or easement acquired by the | 11 | | State for highway
right-of-way; or
| 12 | | (2) an acquisition of rights or easements of access, | 13 | | crossing, light,
air or view to, from or over a freeway | 14 | | vested in abutting property; or
| 15 | | (3) a fee simple title or easement used to place | 16 | | utility lines and
connect a permanent public work or | 17 | | improvement owned by the State to main
utility lines; or
| 18 | | (4) for the purpose of flood relief or other water | 19 | | resource projects.
| 20 | | (c) This Section does not apply to any otherwise lawful | 21 | | expenditures
for the construction, completion, remodeling, | 22 | | maintenance and equipment of
buildings and other facilities | 23 | | made in connection with and upon premises
owned by the Illinois | 24 | | Building Authority, nor shall this Section apply
to | 25 | | improvements to real estate leased by any State agency as | 26 | | defined in
the Illinois State Auditing Act,
provided the |
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| 1 | | leasehold improvements were contracted for by an agency with
| 2 | | leasing authority and in compliance with the rules and | 3 | | regulations promulgated
by such agency for that purpose.
| 4 | | (Source: P.A. 88-676, eff. 12-14-94; 89-78, eff. 6-30-95.)
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