104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3079
 
Introduced 2/6/2025, by Rep. Jay Hoffman
 
SYNOPSIS AS INTRODUCED:
 
30 ILCS 545/2  from Ch. 127, par. 132.52
    Amends the Public Contract Fraud Act. Provides that, if the Attorney General fails to approve or disapprove the title within 45 days of submittal, the title shall be deemed approved by the Attorney General.


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A BILL FOR
 
HB3079LRB104 11111 HLH 21193 b

1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
4    Section 5. The Public Contract Fraud Act is amended by 
5changing 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; 
8approval of title by Attorney General. 
9    (a) Except as otherwise provided in Section 2 of the 
10Superconducting Super Collider Act or for projects constructed 
11under the Bikeway Act, any person or persons, commissioner or 
12commissioners, or other officer or officers, entrusted with 
13the construction or repair of any public work or improvement, 
14as set forth in Section 1, who shall expend or cause to be 
15expended upon such public work or improvement, the whole or 
16any part of the moneys appropriated therefor, or who shall 
17commence work, or in any way authorize work to be commenced, 
18thereon, without first having obtained a title, by purchase, 
19donation, condemnation or otherwise, to all lands needed for 
20such public work or improvement, running to the People of the 
21State of Illinois; such title to be approved by the Attorney 
22General, and his approval certified by the Secretary of State 
23and placed on record in his office, shall be deemed guilty of a 
 
 
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1Class A misdemeanor.
2    (b) Approval of title by the Attorney General for all 
3lands needed for a public work or improvement shall not be 
4required as established under subsection (a) of this Section 
5and the State Comptroller may draw warrant in payment of 
6consideration for all such lands without requiring approval of 
7title by the Attorney General if consideration to be paid does 
8not exceed $25,000 and the title acquired for such lands is 
9for:
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-5) Notwithstanding any other provision of State or 
21federal law, if the Attorney General fails to approve or 
22disapprove the title within 45 days of submittal, the title 
23shall be deemed approved by the Attorney General. 
24    (c) This Section does not apply to any otherwise lawful 
25expenditures for the construction, completion, remodeling, 
26maintenance and equipment of buildings and other facilities 
 
 
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1made in connection with and upon premises owned by the 
2Illinois Building Authority, nor shall this Section apply to 
3improvements to real estate leased by any State agency as 
4defined in the Illinois State Auditing Act, provided the 
5leasehold improvements were contracted for by an agency with 
6leasing authority and in compliance with the rules and 
7regulations promulgated by such agency for that purpose.
8(Source: P.A. 103-865, eff. 1-1-25.)