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| 1 | AN ACT concerning State government. | ||||||
| 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 | ||||||
| 13 | the construction or repair of any public work or improvement, | ||||||
| 14 | as set forth in Section 1, who shall expend or cause to be | ||||||
| 15 | expended upon such public work or improvement, the whole or | ||||||
| 16 | any part of the moneys appropriated therefor, or who shall | ||||||
| 17 | commence work, or in any way authorize work to be commenced, | ||||||
| 18 | thereon, without first having obtained a title, by purchase, | ||||||
| 19 | donation, condemnation or otherwise, to all lands needed for | ||||||
| 20 | such public work or improvement, running to the People of the | ||||||
| 21 | State of Illinois; such title to be approved by the Attorney | ||||||
| 22 | General, and his approval certified by the Secretary of State | ||||||
| 23 | and placed on record in his office, shall be deemed guilty of a | ||||||
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| 1 | Class A misdemeanor. | ||||||
| 2 | (b) Approval of title by the Attorney General for all | ||||||
| 3 | lands needed for a public work or improvement shall not be | ||||||
| 4 | required as established under subsection (a) of this Section | ||||||
| 5 | and the State Comptroller may draw warrant in payment of | ||||||
| 6 | consideration for all such lands without requiring approval of | ||||||
| 7 | title by the Attorney General if consideration to be paid does | ||||||
| 8 | not exceed $25,000 $10,000 and the title acquired for such | ||||||
| 9 | lands is 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 | ||||||
| 24 | Illinois 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.) | ||||||
| 5 | Section 99. Effective date. This Act takes effect upon | ||||||
| 6 | becoming law. | ||||||