Bill Text: IL HB5058 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Public Contract Fraud Act. Exempts from certain penalties under the Act projects constructed by the Department of Transportation where title to all the lands needed and where full legal possession has not been obtained as provided but a right of entry to occupy and to use the property has been voluntarily obtained in the name of the State of Illinois, through the Department, from the property owner. Provides that certain provisions concerning spending money without obtaining title to the land do not apply to any public work or improvement project by the Department or the Illinois State Toll Highway Authority and constructed using specified methods. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB5058 Detail]

Download: Illinois-2017-HB5058-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB5058 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED:
30 ILCS 545/2 from Ch. 127, par. 132.52
Amends the Public Contract Fraud Act. Exempts from certain penalties under the Act projects constructed by the Department of Transportation where title to all the lands needed and where full legal possession has not been obtained as provided but a right of entry to occupy and to use the property has been voluntarily obtained in the name of the State of Illinois, through the Department, from the property owner. Provides that certain provisions concerning spending money without obtaining title to the land do not apply to any public work or improvement project by the Department or the Illinois State Toll Highway Authority and constructed using specified methods. Effective immediately.
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A BILL FOR
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AN ACT concerning finance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Public Contract Fraud Act is amended by
changing Section 2 as follows:
(30 ILCS 545/2) (from Ch. 127, par. 132.52)
Sec. 2. Spending money without obtaining title to land;
approval of title by Attorney General.
(a) Except as otherwise provided in Section 2 of the
Superconducting Super Collider Act; and except or for projects
constructed under the Bikeway Act; and except for projects, as
set forth in Section 1 of this Act, constructed by the
Department of Transportation where title to all the lands
needed and where full legal possession has not been obtained as
provided in this Section but a right of entry to occupy and to
use the property has been voluntarily obtained in the name of
the State of Illinois, through the Department of
Transportation, from the property owner: , any person or
persons, commissioner or commissioners, or other officer or
officers, entrusted with the construction or repair of any
public work or improvement, as set forth in Section 1, who
shall expend or cause to be expended upon such public work or
improvement, the whole or any part of the moneys appropriated

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therefor, or who shall commence work, or in any way authorize
work to be commenced, thereon, without first having obtained a
title, by purchase, donation, condemnation or otherwise, to all
lands needed for such public work or improvement, running to
the People of the State of Illinois; such title to be approved
by the Attorney General, and his approval certified by the
Secretary of State and placed on record in his office, shall be
deemed guilty of a Class A misdemeanor.
(b) Approval of title by the Attorney General for all lands
needed for a public work or improvement shall not be required
as established under subsection (a) of this Section and the
State Comptroller may draw warrant in payment of consideration
for all such lands without requiring approval of title by the
Attorney General if consideration to be paid does not exceed
$10,000 and the title acquired for such lands is for:
(1) a fee simple title or easement acquired by the
State for highway right-of-way; or
(2) an acquisition of rights or easements of access,
crossing, light, air or view to, from or over a freeway
vested in abutting property; or
(3) a fee simple title or easement used to place
utility lines and connect a permanent public work or
improvement owned by the State to main utility lines; or
(4) for the purpose of flood relief or other water
resource projects.
(c) This Section does not apply to any otherwise lawful

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expenditures for the construction, completion, remodeling,
maintenance and equipment of buildings and other facilities
made in connection with and upon premises owned by the Illinois
Building Authority, nor shall this Section apply to
improvements to real estate leased by any State agency as
defined in the Illinois State Auditing Act, provided the
leasehold improvements were contracted for by an agency with
leasing authority and in compliance with the rules and
regulations promulgated by such agency for that purpose.
(d) This Section does not apply to any public work or
improvement project, as set forth in Section 1 of this Act, by
the Department of Transportation or the Illinois State Toll
Highway Authority, and constructed under: (1) a design-build
contract; (2) a contract with a construction manager or general
contractor; (3) a public-private agreement as authorized by the
Public-Private Partnerships for Transportation Act; or (4) any
alternative technical concepts project delivery method.
(Source: P.A. 88-676, eff. 12-14-94; 89-78, eff. 6-30-95.)
Section 99. Effective date. This Act takes effect upon
becoming law.