101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3419

 

Introduced , by Rep. Luis Arroyo

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 545/2  from Ch. 127, par. 132.52

    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,
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 the
13construction or repair of any public work or improvement, as
14set forth in Section 1, who shall expend or cause to be
15expended upon such public work or improvement, the whole or any
16part of the moneys appropriated therefor, or who shall commence
17work, or in any way authorize work to be commenced, thereon,
18without first having obtained a title, by purchase, donation,
19condemnation or otherwise, to all lands needed for such public
20work or improvement, running to the People of the State of
21Illinois; such title to be approved by the Attorney General,
22and his approval certified by the Secretary of State and placed
23on record in his office, shall be deemed guilty of a Class A

 

 

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1misdemeanor.
2    (b) Approval of title by the Attorney General for all lands
3needed for a public work or improvement shall not be required
4as established under subsection (a) of this Section and the
5State Comptroller may draw warrant in payment of consideration
6for all such lands without requiring approval of title by the
7Attorney General if consideration to be paid does not exceed
8$1,500,000 $10,000 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) This Section does not apply to any otherwise lawful
21expenditures for the construction, completion, remodeling,
22maintenance and equipment of buildings and other facilities
23made in connection with and upon premises owned by the Illinois
24Building Authority, nor shall this Section apply to
25improvements to real estate leased by any State agency as
26defined in the Illinois State Auditing Act, provided the

 

 

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1leasehold improvements were contracted for by an agency with
2leasing authority and in compliance with the rules and
3regulations promulgated by such agency for that purpose.
4(Source: P.A. 88-676, eff. 12-14-94; 89-78, eff. 6-30-95.)